CODE OF FEDERAL REGULATIONS40 Protection of Environment PART 52 (§ 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

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 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

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. 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

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as of April 1

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as of July 1

Title 42 through Title 50

as of October 1

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 Raymond A. Mosley, Director, Office of the Federal Register. July 1, 1998. 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 § 9.1 of this chapter. For the convenience of the user, § 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.

CFRORDR.FRM 40 CFR Ch. I (7-1-98 Edition) Environmental Protection Agency <CHAPTER> <SUBCHAP TYPE="N"> <PRTPAGE P="5"/> <HD SOURCE="HED">SUBCHAPTER C—AIR PROGRAMS (CONTINUED)</HD> <PART> <EAR>Pt. 52</EAR> <HD SOURCE="HED">PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED)</HD> <CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart U—Maine</HD> <SECTNO>52.1019</SECTNO> <SUBJECT>Identification of plan—conditional approval.</SUBJECT> <SECTNO>52.1020</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1021</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1022</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1023</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <SECTNO>52.1024</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.1025</SECTNO> <SUBJECT>Control strategy: Particulate matter.</SUBJECT> <SECTNO>52.1026</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.1027</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <SECTNO>52.1028</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1029</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1030</SECTNO> <SUBJECT>Control strategy: Sulfur oxides.</SUBJECT> <SECTNO>52.1031</SECTNO> <SUBJECT>EPA-approved Maine regulations.</SUBJECT> <SECTNO>52.1033</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1034</SECTNO> <SUBJECT>Stack height review.</SUBJECT> <SECTNO>52.1035</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> <SECTNO>52.1036</SECTNO> <SUBJECT>Emission inventories.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart V—Maryland</HD> <SECTNO>52.1070</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1071</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1072</SECTNO> <SUBJECT>Conditional approval.</SUBJECT> <SECTNO>52.1073</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1074</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.1075</SECTNO> <SUBJECT>1990 base year emission inventory.</SUBJECT> <SECTNO>52.1076</SECTNO> <SUBJECT>Control strategy: ozone.</SUBJECT> <SECTNO>52.1077</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <SECTNO>52.1078</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1079</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> <SECTNO>52.1080</SECTNO> <SUBJECT>Photochemical Assessment Monitoring Stations (PAMS) Program.</SUBJECT> <SECTNO>52.1081—52.1109</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1110</SECTNO> <SUBJECT>Small business stationary source technical and environmental compliance assistance program.</SUBJECT> <SECTNO>52.1111—52.1112</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1113</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.1114—52.1115</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1116</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1117</SECTNO> <SUBJECT>Control strategy: Sulfur oxides.</SUBJECT> <SECTNO>52.1118</SECTNO> <SUBJECT>Approval of bubbles in nonattainment areas lacking approved demonstrations: State assurances.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart W—Massachusetts</HD> <SECTNO>52.1119</SECTNO> <SUBJECT>Identification of plan—conditional approval.</SUBJECT> <SECTNO>52.1120</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1121</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1122</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1123</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1124</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.1125</SECTNO> <SUBJECT>Emission inventories.</SUBJECT> <SECTNO>52.1126</SECTNO> <SUBJECT>Control strategy: Sulfur oxides.</SUBJECT> <SECTNO>52.1127</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.1128</SECTNO> <SUBJECT>Transportation and land use controls.</SUBJECT> <SECTNO>52.1129—52.1130</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1131</SECTNO> <SUBJECT>Control strategy: Particulate matter.</SUBJECT> <SECTNO>52.1132</SECTNO> <SUBJECT>Control strategy: Carbon Monoxide.</SUBJECT> <SECTNO>52.1133</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1134</SECTNO> <SUBJECT>Regulation limiting on-street parking by commuters.</SUBJECT> <SECTNO>52.1135</SECTNO> <SUBJECT>Regulation for parking freeze.</SUBJECT> <SECTNO>52.1136—52.1144</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1145</SECTNO> <SUBJECT>Regulation on organic solvent use.</SUBJECT> <SECTNO>52.1146</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1147</SECTNO> <SUBJECT>Federal compliance schedules.</SUBJECT> <SECTNO>52.1148—52.1159</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1160</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> <SECTNO>52.1161</SECTNO> <SUBJECT>Incentives for reduction in single-passenger commuter vehicle use.</SUBJECT> <SECTNO>52.1162</SECTNO> <SUBJECT>Regulation for bicycle use.</SUBJECT> <SECTNO>52.1163</SECTNO> <SUBJECT>Additional control measures for East Boston.</SUBJECT> <SECTNO>52.1164</SECTNO> <SUBJECT>Localized high concentrations—carbon monoxide.</SUBJECT> <SECTNO>52.1165</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1166</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1167</SECTNO> <SUBJECT>EPA-approved Massachusetts state regulations.</SUBJECT> <SECTNO>52.1168</SECTNO> <SUBJECT>Certification of no sources.</SUBJECT> <SECTNO>52.1168a</SECTNO> <SUBJECT>Part D—Disapproval of Rules and Regulations.</SUBJECT> <SECTNO>52.1169</SECTNO> <SUBJECT>Stack height review.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart X—Michigan</HD> <SECTNO>52.1170</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1171</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1172</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1173</SECTNO> <SUBJECT>Control strategy: Particulates.</SUBJECT> <SECTNO>52.1174</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <SECTNO>52.1175</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.1176</SECTNO> <SUBJECT>Review of new sources and modifications. [Reserved]</SUBJECT> <SECTNO>52.1177—52.1179</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1180</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1181</SECTNO> <SUBJECT>Interstate pollution.<PRTPAGE P="6"/> </SUBJECT> <SECTNO>52.1182</SECTNO> <SUBJECT>State boards.</SUBJECT> <SECTNO>52.1183</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1184</SECTNO> <SUBJECT>Small business stationary source technical and environmental compliance assistance program.</SUBJECT> <SECTNO>52.1185</SECTNO> <SUBJECT>Control strategy: Carbon monoxide.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart Y—Minnesota</HD> <SECTNO>52.1219</SECTNO> <SUBJECT>Identification of plan—conditional approval.</SUBJECT> <SECTNO>52.1220</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1221</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1222</SECTNO> <SUBJECT>EPA-approved Minnesota State regulations</SUBJECT> <SECTNO>52.1223</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1224</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.1225</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.1226—52.1229</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1230</SECTNO> <SUBJECT>Control strategy and rules: Particulates.</SUBJECT> <SECTNO>52.1231—52.1232</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1233</SECTNO> <SUBJECT>Operating permits.</SUBJECT> <SECTNO>52.1234</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1235</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1236</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1237</SECTNO> <SUBJECT>Control strategy: Carbon monoxide.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart Z—Mississippi</HD> <SECTNO>52.1270</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1271</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1272</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1273</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1275</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.1276</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1277</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.1278</SECTNO> <SUBJECT>Control strategy: Sulfur oxides and particulate matter.</SUBJECT> <SECTNO>52.1279</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1280</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1281</SECTNO> <SUBJECT>Original identification of plan section.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart AA—Missouri</HD> <SECTNO>52.1320</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1321</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1322</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1323</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1324</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1325</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.1326—52.1334</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1335</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.1336—52.1338</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1339</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart BB—Montana</HD> <SECTNO>52.1370</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1371</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1372</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1373</SECTNO> <SUBJECT>Control strategy: Sulfur oxides.</SUBJECT> <SECTNO>52.1374</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1375</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.1376</SECTNO> <SUBJECT>Extensions.</SUBJECT> <SECTNO>52.1377</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1378</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.1379</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.1380—52.1381</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1382</SECTNO> <SUBJECT>Prevention of significant deterioration of air quality.</SUBJECT> <SECTNO>52.1384</SECTNO> <SUBJECT>Emission control regulations.</SUBJECT> <SECTNO>52.1385</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <SECTNO>52.1386</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1387</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1388</SECTNO> <SUBJECT>Stack height regulations.</SUBJECT> <SECTNO>52.1389</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1390</SECTNO> <SUBJECT>Missoula variance provision.</SUBJECT> <SECTNO>52.1391</SECTNO> <SUBJECT>Emission inventories.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart CC—Nebraska</HD> <SECTNO>52.1420</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1421</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1422</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1423</SECTNO> <SUBJECT>PM<E T="64">10</E> State implementation plan development in group II areas.</SUBJECT> <SECTNO>52.1424</SECTNO> <SUBJECT>Operating permits.</SUBJECT> <SECTNO>52.1425</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.1426</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1427</SECTNO> <SUBJECT>Operating permits.</SUBJECT> <SECTNO>52.1428—52.1435</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1436</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart DD—Nevada</HD> <SECTNO>52.1470</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1471</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1472</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1473</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.1474</SECTNO> <SUBJECT>Part D conditional approval.</SUBJECT> <SECTNO>52.1475</SECTNO> <SUBJECT>Control strategy and regulations: Sulfur oxides.</SUBJECT> <SECTNO>52.1476</SECTNO> <SUBJECT>Control strategy: Particulate matter.</SUBJECT> <SECTNO>52.1477</SECTNO> <SUBJECT>Nevada air pollution emergency plan.</SUBJECT> <SECTNO>52.1478</SECTNO> <SUBJECT>Extensions.</SUBJECT> <SECTNO>52.1479</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <SECTNO>52.1480—52.1481</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1482</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.1483</SECTNO> <SUBJECT>Malfunction regulations.</SUBJECT> <SECTNO>52.1484</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1485</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1486</SECTNO> <SUBJECT>Control strategy: Hydrocarbons and ozone.</SUBJECT> <SECTNO>52.1487</SECTNO> <SUBJECT>Public hearings.</SUBJECT> <SECTNO>52.1488</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1489</SECTNO> <SUBJECT>Particulate matter (PM-10) Group II SIP commitments.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart EE—New Hampshire</HD> <SECTNO>52.1519</SECTNO> <SUBJECT>Identification of plan—conditional approval.</SUBJECT> <SECTNO>52.1520</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1521</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1522</SECTNO> <SUBJECT>Approval status.<PRTPAGE P="7"/> </SUBJECT> <SECTNO>52.1523</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.1524</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.1525</SECTNO> <SUBJECT>EPA-approved New Hampshire state regulations.</SUBJECT> <SECTNO>52.1526</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1527</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <SECTNO>52.1528</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1529</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1530</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> <SECTNO>52.1531</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1532</SECTNO> <SUBJECT>Stack height review.</SUBJECT> <SECTNO>52.1533</SECTNO> <SUBJECT>Emission inventories.</SUBJECT> <HD SOURCE="HED">Subpart FF—New Jersey</HD> <SECTNO>52.1570</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1571</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1572</SECTNO> <SUBJECT>Extensions.</SUBJECT> <SECTNO>52.1573</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1574</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.1575</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.1576</SECTNO> <SUBJECT>Control strategy: Nitrogen dioxide.</SUBJECT> <SECTNO>52.1577</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.1578</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.1579</SECTNO> <SUBJECT>Intergovernmental cooperation.</SUBJECT> <SECTNO>52.1580</SECTNO> <SUBJECT> Conditional approval.</SUBJECT> <SECTNO>52.1581</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1582</SECTNO> <SUBJECT>Control strategy and regulations: Ozone (volatile organic substances) and carbon monoxide.</SUBJECT> <SECTNO>52.1583</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> <SECTNO>52.1584—52.1600</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1601</SECTNO> <SUBJECT>Control strategy and regulations: Sulfur oxides.</SUBJECT> <SECTNO>52.1602</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1603</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1604</SECTNO> <SUBJECT>Control strategy and regulations: Total suspended particulates.</SUBJECT> <SECTNO>52.1605</SECTNO> <SUBJECT>EPA-approved New Jersey regulations.</SUBJECT> <SECTNO>52.1606</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1607</SECTNO> <SUBJECT>Small business technical and environmental compliance assistance program.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart GG—New Mexico</HD> <SECTNO>52.1620</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1621</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1622</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1623—52.1626</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1627</SECTNO> <SUBJECT>Control strategy and regulations: Carbon monoxide.</SUBJECT> <SECTNO>52.1628—52.1633</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1634</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1635</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <SECTNO>52.1636</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1637</SECTNO> <SUBJECT>Particulate Matter (PM<E T="52">10</E>) Group II SIP commitments.</SUBJECT> <SECTNO>52.1638</SECTNO> <SUBJECT>Bernalillo County particulate matter (PM<E T="52">10</E>) Group II SIP commitments.</SUBJECT> <SECTNO>52.1639</SECTNO> <SUBJECT>Prevention of air pollution emergency episodes.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart HH—New York</HD> <SECTNO>52.1670</SECTNO> <SUBJECT>Identification of plans.</SUBJECT> <SECTNO>52.1671</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1672</SECTNO> <SUBJECT>Extensions.</SUBJECT> <SECTNO>52.1673</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1674</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> <SECTNO>52.1675</SECTNO> <SUBJECT>Control strategy and regulations: Sulfur oxides.</SUBJECT> <SECTNO>52.1676</SECTNO> <SUBJECT>Control strategy: Nitrogen dioxide.</SUBJECT> <SECTNO>52.1677</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.1678</SECTNO> <SUBJECT>Control strategy and regulations: Particulate matter.</SUBJECT> <SECTNO>52.1679</SECTNO> <SUBJECT>EPA-approved New York State regulations.</SUBJECT> <SECTNO>52.1680</SECTNO> <SUBJECT>Control strategy: Monitoring and reporting.</SUBJECT> <SECTNO>52.1681</SECTNO> <SUBJECT>Control strategy: Lead.</SUBJECT> <SECTNO>52.1682</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1683</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <SECTNO>52.1684—52.1688</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1689</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1690</SECTNO> <SUBJECT>Small business technical and environmental compliance assistance program.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart II—North Carolina</HD> <SECTNO>52.1770</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1771</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1772</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1773—52.1774</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1775</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <SECTNO>52.1776—52.1777</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1778</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1779</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1780</SECTNO> <SUBJECT>VOC rule deficiency correction.</SUBJECT> <SECTNO>52.1781</SECTNO> <SUBJECT>Control strategy: Sulfur oxides and particulate matter.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart JJ—North Dakota</HD> <SECTNO>52.1820</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1821</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1822</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1823</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1824</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.1825—52.1828</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1829</SECTNO> <SUBJECT>Prevention of significant deterioration of air quality.</SUBJECT> <SECTNO>52.1831</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1832</SECTNO> <SUBJECT>Stack height regulations.</SUBJECT> <SECTNO>52.1833</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1834</SECTNO> <SUBJECT>Minor source permit to operate program.</SUBJECT> </SUBPART> <SUBPART> <PRTPAGE P="8"/> <HD SOURCE="HED">Subpart KK—Ohio</HD> <SECTNO>52.1870</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1871</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1872</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1873</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1874</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1875</SECTNO> <SUBJECT>Attainment dates for achieving the sulfur dioxide secondary standard.</SUBJECT> <SECTNO>52.1876</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1877</SECTNO> <SUBJECT>Control strategy: Photochemical oxidants (hydrocarbons).</SUBJECT> <SECTNO>52.1878</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1879</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.1880</SECTNO> <SUBJECT>Control strategy: Particulate matter.</SUBJECT> <SECTNO>52.1881</SECTNO> <SUBJECT>Control strategy: Sulfur oxides (sulfur dioxide).</SUBJECT> <SECTNO>52.1882</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.1883</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1884</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1885</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <SECTNO>52.1886</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1887</SECTNO> <SUBJECT>Control strategy: Carbon monoxide.</SUBJECT> <SECTNO>52.1888</SECTNO> <SUBJECT>Operating permits.</SUBJECT> <SECTNO>52.1889</SECTNO> <SUBJECT>Small business stationary source technical and environmental compliance assistance program.</SUBJECT> <SECTNO>52.1890</SECTNO> <SUBJECT>Removed control measures.</SUBJECT> <SECTNO>52.1919</SECTNO> <SUBJECT>Identification of plan-conditional approval.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart LL—Oklahoma</HD> <SECTNO>52.1920</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1921</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1922</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1923—52.1928</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1929</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1930</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1931</SECTNO> <SUBJECT>Petroleum storage tank controls.</SUBJECT> <SECTNO>52.1932</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1933</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.1934</SECTNO> <SUBJECT>Prevention of air pollution emergency episodes.</SUBJECT> <SECTNO>52.1935</SECTNO> <SUBJECT>Small business assistance program.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart MM—Oregon</HD> <SECTNO>52.1970</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.1971</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.1972</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.1973—52.1976</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1977</SECTNO> <SUBJECT>Content of approved State submitted implementation plan.</SUBJECT> <SECTNO>52.1978—52.1981</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1982</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <SECTNO>52.1983—52.1984</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1985</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <SECTNO>52.1986</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.1987</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.1988</SECTNO> <SUBJECT>Air contaminant discharge permits.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart NN—Pennsylvania</HD> <SECTNO>52.2020</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2021</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2022</SECTNO> <SUBJECT>Extensions.</SUBJECT> <SECTNO>52.2023</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2024</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.2025</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.2026</SECTNO> <SUBJECT>Conditional approval.</SUBJECT> <SECTNO>52.2027—52.2029</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2030</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <SECTNO>52.2031</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2032</SECTNO> <SUBJECT>Intergovernmental cooperation.</SUBJECT> <SECTNO>52.2033</SECTNO> <SUBJECT>Control strategy: Sulfur oxides.</SUBJECT> <SECTNO>52.2034</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.2035</SECTNO> <SUBJECT>Photochemical assessment monitoring stations (PAMS) program.</SUBJECT> <SECTNO>52.2036</SECTNO> <SUBJECT>1990 Baseyear Emission Inventory.</SUBJECT> <SECTNO>52.2037</SECTNO> <SUBJECT>Control strategy: Carbon monoxide and ozone (hydrocarbons).</SUBJECT> <SECTNO>52.2038—52.2053</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2054</SECTNO> <SUBJECT>Control of asphalt paving material.</SUBJECT> <SECTNO>52.2055</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.2056</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2057</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> <SECTNO>52.2058</SECTNO> <SUBJECT>Prevention of significant air quality deterioration.</SUBJECT> <SECTNO>52.2059</SECTNO> <SUBJECT>Control strategy: Particulate matter.</SUBJECT> <SECTNO>52.2060</SECTNO> <SUBJECT>Small Business Assistance Program.</SUBJECT> <SECTNO>52.2061</SECTNO> <SUBJECT>Operating permits.</SUBJECT> <SECTNO>52.2062</SECTNO> <SUBJECT>Plan approvals.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart OO—Rhode Island</HD> <SECTNO>52.2070</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2071</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2072</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2073</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.2074</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.2075</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <SECTNO>52.2076</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.2078</SECTNO> <SUBJECT>Enforcement.</SUBJECT> <SECTNO>52.2079</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> <SECTNO>52.2080</SECTNO> <SUBJECT>Revisions.</SUBJECT> <SECTNO>52.2081</SECTNO> <SUBJECT>EPA-approved Rhode Island State regulations.</SUBJECT> <SECTNO>52.2082</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2083</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2084</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <SECTNO>52.2085</SECTNO> <SUBJECT>Stack height review.</SUBJECT> <SECTNO>52.2086</SECTNO> <SUBJECT>Emission inventories.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart PP—South Carolina</HD> <SECTNO>52.2120</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2121</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2122</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2124</SECTNO> <SUBJECT>Legal authority.<PRTPAGE P="9"/> </SUBJECT> <SECTNO>52.2125</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2126</SECTNO> <SUBJECT>VOC rule deficiency correction.</SUBJECT> <SECTNO>52.2127—52.2129</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2130</SECTNO> <SUBJECT>Control strategy: Sulfur oxides and particulate matter.</SUBJECT> <SECTNO>52.2131</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2132</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.2133</SECTNO> <SUBJECT>General conformity.</SUBJECT> <SECTNO>52.2134</SECTNO> <SUBJECT>Original identification of plan section.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart QQ—South Dakota</HD> <SECTNO>52.2170</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2171</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2172</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2173</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.2174—52.2177</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2178</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2179</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.2180</SECTNO> <SUBJECT>Stack height regulations.</SUBJECT> <SECTNO>52.2181</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2182</SECTNO> <SUBJECT>PM<E T="52">10</E> Committal SIP.</SUBJECT> <SECTNO>52.2183</SECTNO> <SUBJECT>Variance provision.</SUBJECT> <SECTNO>52.2184</SECTNO> <SUBJECT>Operating permits for minor sources.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart RR—Tennessee</HD> <SECTNO>52.2219</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2220</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2221</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2222</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2223</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.2224</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.2225</SECTNO> <SUBJECT>VOC rule deficiency correction.</SUBJECT> <SECTNO>52.2226</SECTNO> <SUBJECT>Extensions.</SUBJECT> <SECTNO>52.2227</SECTNO> <SUBJECT>Prevention of air pollution emergency episodes.</SUBJECT> <SECTNO>52.2228</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.2229</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <SECTNO>52.2230</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.2231</SECTNO> <SUBJECT>Control strategy: Sulfur oxides and particulate matter.</SUBJECT> <SECTNO>52.2233</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2234</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.2235</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <SECTNO>52.2236</SECTNO> <SUBJECT>Control strategy; lead.</SUBJECT> <SECTNO>52.2237</SECTNO> <SUBJECT>NO<E T="52">X</E> RACT and NO<E T="52">X</E> conformity exemption.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart SS—Texas</HD> <SECTNO>52.2270</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2271</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2272</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2273</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2274</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.2275</SECTNO> <SUBJECT>Control strategy and regulations: Ozone.</SUBJECT> <SECTNO>52.2276</SECTNO> <SUBJECT>Control strategy and regulations: Particulate matter.</SUBJECT> <SECTNO>52.2277—52.2281</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2282</SECTNO> <SUBJECT>Public hearings.</SUBJECT> <SECTNO>52.2283—52.2284</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2285</SECTNO> <SUBJECT>Control of evaporative losses from the filling of gasoline storage vessels in the Houston and San Antonio areas.</SUBJECT> <SECTNO>52.2286</SECTNO> <SUBJECT>Control of evaporative losses from the filling of gasoline storage vessels in the Dallas-Fort Worth area.</SUBJECT> <SECTNO>52.2287—52.2300</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2301</SECTNO> <SUBJECT>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).</SUBJECT> <SECTNO>52.2302</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2303</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2304</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.2305</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2306</SECTNO> <SUBJECT>Particulate Matter (PM<E T="52">10</E>) Group II SIP commitments.</SUBJECT> <SECTNO>52.2307</SECTNO> <SUBJECT>Small business assistance program.</SUBJECT> <SECTNO>52.2308</SECTNO> <SUBJECT>Area-wide nitrogen oxides (NO<E T="52">X</E>) exemptions.</SUBJECT> <SECTNO>52.2309</SECTNO> <SUBJECT>Emissions inventories.</SUBJECT> <SECTNO>52.2310</SECTNO> <SUBJECT>Conditional approval.</SUBJECT> <SECTNO>52.2311</SECTNO> <SUBJECT>Motor vehicle antitampering.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart TT—Utah</HD> <SECTNO>52.2320</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2321</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2322</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2323</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2324—52.2330</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2331</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.2332</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <SECTNO>52.2333</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.2334—52.2345</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2346</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2347</SECTNO> <SUBJECT>Stack height regulations.</SUBJECT> <SECTNO>52.2348</SECTNO> <SUBJECT>National Highway Systems Designation Act Motor Vehicle Inspection and Maintenance (I/M) Programs.</SUBJECT> <SECTNO>52.2350</SECTNO> <SUBJECT>Emission inventories.</SUBJECT> <SECTNO>52.2351</SECTNO> <SUBJECT>Area-wide nitrogen oxides (NO<E T="52">x</E>) exemption.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart UU—Vermont</HD> <SECTNO>52.2370</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2371</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2372</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2373</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.2374</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.2375</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.2377</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.2378</SECTNO> <SUBJECT>Certification of no facilities.</SUBJECT> <SECTNO>52.2379</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2380</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2381</SECTNO> <SUBJECT>EPA-approved Vermont State regulations.<PRTPAGE P="10"/> </SUBJECT> <SECTNO>52.2382</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <SECTNO>52.2383</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.2384</SECTNO> <SUBJECT>Stack height review.</SUBJECT> <SECTNO>52.2385</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart VV—Virginia</HD> <SECTNO>52.2420</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2421</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2422</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2423</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2424</SECTNO> <SUBJECT>Motor vehicle emissions budgets.</SUBJECT> <SECTNO>52.2425</SECTNO> <SUBJECT>1990 Base Year Emission Inventory.</SUBJECT> <SECTNO>52.2426</SECTNO> <SUBJECT>Photochemical assessment monitoring stations (PAMS) program.</SUBJECT> <SECTNO>52.2427</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <SECTNO>52.2428</SECTNO> <SUBJECT>Control Strategy: Carbon monoxide and ozone.</SUBJECT> <SECTNO>52.2429-52.2432</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2433</SECTNO> <SUBJECT>Intergovernmental cooperation.</SUBJECT> <SECTNO>52.2434—52.2435</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2436</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <SECTNO>52.2437—52.2449</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2450</SECTNO> <SUBJECT>Conditional approval.</SUBJECT> <SECTNO>52.2451</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2452</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.2453</SECTNO> <SUBJECT>Requirements for State implementation plan revisions relating to new motor vehicles.</SUBJECT> <SECTNO>52.2454</SECTNO> <SUBJECT>Prevention of significant deterioration of air quality for Merck & Co., Inc.'s Stonewall Plant in Elkton, VA.</SUBJECT> <SECTNO>52.2460</SECTNO> <SUBJECT>Small business stationary source technical and environmental compliance assistance program.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart WW—Washington</HD> <SECTNO>52.2470</SECTNO> <SUBJECT>Identification plan.</SUBJECT> <SECTNO>52.2471</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2472</SECTNO> <SUBJECT>Extensions.</SUBJECT> <SECTNO>52.2473</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2474</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.2475</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2476</SECTNO> <SUBJECT>Discretionary authority.</SUBJECT> <SECTNO>52.2477—52.2478</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2479</SECTNO> <SUBJECT>Contents of the federally approved, State submitted implementation plan.</SUBJECT> <SECTNO>52.2480—52.2494</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2495</SECTNO> <SUBJECT>Voluntary limits on potential to emit.</SUBJECT> <SECTNO>52.2496</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2497</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2498</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart XX—West Virginia</HD> <SECTNO>52.2520</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2521</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2522</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2523</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.2524</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.2525</SECTNO> <SUBJECT>Control strategy: Sulfur dioxide.</SUBJECT> <SECTNO>52.2526—52.2527</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2528</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2529—52.2530</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2531</SECTNO> <SUBJECT>1990 base year emission inventory.</SUBJECT> <SECTNO>52.2532</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2533</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.2534</SECTNO> <SUBJECT>Stack height review.</SUBJECT> <SECTNO>52.2560</SECTNO> <SUBJECT>Small business technical and environmental compliance assistance program.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart YY—Wisconsin</HD> <SECTNO>52.2569</SECTNO> <SUBJECT>Identification of plan—conditional approval.</SUBJECT> <SECTNO>52.2570</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2571</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2572</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2573</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.2574</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.2575</SECTNO> <SUBJECT>Control strategy: Sulfur dioxide.</SUBJECT> <SECTNO>52.2576</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2577</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <SECTNO>52.2578</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.2579—52.2580</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2581</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2582—52.2583</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2584</SECTNO> <SUBJECT>Control strategy; Particulate matter.</SUBJECT> <SECTNO>52.2585</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <SECTNO>52.2586</SECTNO> <SUBJECT>Small business stationary source technical and environmental compliance assistance program.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart ZZ—Wyoming</HD> <SECTNO>52.2620</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2621</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2622</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2623—52.2624</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2625</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <SECTNO>52.2626—52.2629</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2630</SECTNO> <SUBJECT>Prevention of significant deterioration of air quality.</SUBJECT> <SECTNO>52.2631</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2632</SECTNO> <SUBJECT>Visibility protection. [Reserved]</SUBJECT> <SECTNO>52.2633</SECTNO> <SUBJECT>Stack height regulations.</SUBJECT> <SECTNO>52.2634</SECTNO> <SUBJECT>Correction of approved plan.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart AAA—Guam</HD> <SECTNO>52.2670</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2671</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2672</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2673—52.2675</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2676</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2677</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2678</SECTNO> <SUBJECT>Control strategy and regulations: Particulate matter.</SUBJECT> <SECTNO>52.2679</SECTNO> <SUBJECT>Control strategy and regulations: Sulfur dioxide.</SUBJECT> <SECTNO>52.2680—52.2681</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2682</SECTNO> <SUBJECT>Air quality surveillance.</SUBJECT> <SECTNO>52.2683</SECTNO> <SUBJECT>[Reserved]<PRTPAGE P="11"/> </SUBJECT> <SECTNO>52.2684</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <SECTNO>52.2685</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2686</SECTNO> <SUBJECT>Upset-breakdown reporting.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart BBB—Puerto Rico</HD> <SECTNO>52.2720</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2721</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2722</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2723</SECTNO> <SUBJECT>EPA—approved Puerto Rico regulations.</SUBJECT> <SECTNO>52.2724</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2725</SECTNO> <SUBJECT>General requirements.</SUBJECT> <SECTNO>52.2726</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <SECTNO>52.2727—52.2728</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2729</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2730</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2731</SECTNO> <SUBJECT>Control strategy and regulations: Sulfur oxides.</SUBJECT> <SECTNO>52.2732</SECTNO> <SUBJECT>Small business technical and environmental compliance assistance program.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart CCC—Virgin Islands</HD> <SECTNO>52.2770</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2771</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2772</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2773</SECTNO> <SUBJECT>EPA-approved Virgin Islands regulations.</SUBJECT> <SECTNO>52.2774</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2775</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.2776—52.2778</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2779</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <SECTNO>52.2780</SECTNO> <SUBJECT>Control strategy for sulfur oxides.</SUBJECT> <SECTNO>52.2781</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <SECTNO>52.2782</SECTNO> <SUBJECT>Small business technical and environmental compliance assistance program.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart DDD—American Samoa</HD> <SECTNO>52.2820</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <SECTNO>52.2821</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <SECTNO>52.2822</SECTNO> <SUBJECT>Approval status.</SUBJECT> <SECTNO>52.2823</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2824</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <SECTNO>52.2825—52.2826</SECTNO> <SUBJECT>[Reserved]</SUBJECT> <SECTNO>52.2827</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart EEE—Approval and Promulgation of Plans</HD> <SECTNO>52.2850</SECTNO> <SUBJECT>Approval and promulgation of implementation plans.</SUBJECT> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart FFF—Commonwealth of the Northern Mariana Islands</HD> <SECTNO>52.2900</SECTNO> <SUBJECT>Negative declaration.</SUBJECT> <SECTNO>52.2920</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <APP> <E T="04">Appendices A-C to Part </E>52<E T="04"> [Reserved]</E> </APP> <APP> <E T="04">Appendix D to Part </E>52—<E T="04">Determination of Sulfur Dioxide Emissions from Stationary Sources by Continuous Monitors</E> </APP> <APP> <E T="04">Appendix E to Part </E>52—<E T="04">Performance Specifications and Specification Test Procedures for Monitoring Systems for Effluent Stream Gas Volumetric Flow Rate</E> </APP> </SUBPART> </CONTENTS> <SUBPART> <HD SOURCE="HED">Subpart U—Maine</HD> <SECTION> <SECTNO>§ 52.1019</SECTNO> <SUBJECT>Identification of plan—conditional approval.</SUBJECT> <P>(a) The following plan revisions were submitted on the dates specified.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) The “Motor Vehicle Emission Inspection Program” regulation at Chapter 128 of the Department of Environmental Protection regulations effective June 28, 1994.</P> <P>(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.</P> <P>(ii) Additional materials. Nonregulatory, administrative portions of the November 1, 1993, May 26, 1994, and <PRTPAGE P="12"/>July 21, 1994 submissions to the Maine State Implementation Plan.</P> <P>(b) [Reserved]</P> <CITA>[59 FR 55053, Nov. 3, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1020</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) Title of plan: “Implementation Plan for the Achievement of National Air Quality Standards.”</P> <P>(b) The plan was officially submitted on January 28, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) Miscellaneous non-regulatory changes to the plan submitted on March 17, 1972, by the Environmental Improvement Commission for the State of Maine.</P> <P>(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.</P> <P>(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.</P> <P>(4) Changes in the Open Burning Regulation 100.2 submitted on September 4, 1973, by the State of Maine Department of Environmental Protection.</P> <P>(5) An AQMA proposal submitted on June 26, 1974, by the Governor.</P> <P>(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.</P> <P>(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.</P> <P>(8) Revision to open burning regulation submitted on December 7, 1976 by the Commissioner of the Maine Department of Environmental Protection.</P> <P>(9) Revisions to Chapter 5—<E T="03">State Implementation Plan Air Quality Surveillance,</E> and Chapter 6—<E T="03">Revision of New Sources and Modifications,</E> submitted by the Governor on March 10, 1978.</P> <P>(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.</P> <P>(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 SO<E T="22">2</E> 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.</P> <P>(12) A plan to provide for public involvement in federally funded air pollution control activities was submitted on May 28, 1980.</P> <P>(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.</P> <P>(14) Revisions to attain and maintain the NAAQS for lead were submitted on August 7, and November 5, 1980.</P> <P>(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.</P> <P>(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.</P> <P>(17) Regulatory revisions to the plan containing changes to Chapter 101 <PRTPAGE P="13"/>“Visible Emissions Regulation” submitted August 7, 1980.</P> <P>(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%.</P> <P>(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.”</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Regulation Chapter 112(6), Emission Testing, is amended by incorporating test methods and procedures as stated in 40 CFR part 60, subpart XX, § 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.</P> <P>(ii) Additional material. The nonregulatory portions of the state submittals.</P> <P>(23) [Reserved]</P> <P>(24) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 22, 1988.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated August 19, 1988 submitting a revision to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(A) Nonregulatory portions of the state submittal.</P> <P>(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.</P> <P>(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.</P> <P>(26) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 27, 1989.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated October 27, 1989 submitting revisions to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(D) Portions of Chapter 1 entitled “Regulations for the Processing of Applications,” effective in the State of Maine on February 8, 1984.</P> <P>(ii) Additional materials.</P> <P>(A) A State Implementation Plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.”</P> <P>(B) Letter dated May 1, 1989 from the Maine Department of Environmental Protection regarding implementation of BACT.</P> <P>(C) Nonregulatory portions of the state submittal.</P> <P>(27) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 31, 1989.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated October 31, 1989 submitting revisions to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(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 SO<E T="52">2</E> until redesignated at 40 CFR 51.320.</P> <P>(ii) Additional materials.</P> <P>(A) A State Implementation Plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.”</P> <P>(B) Nonregulatory portions of the state submittal.</P> <P>(28) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 14 and October 22, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letters from the Maine Department of Environmental Protection dated August 14 and October 22, 1991 submitting revisions to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(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.</P> <P>(B) Nonregulatory portions of the submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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 NO<E T="52">2</E> increments became effective on July 14, 1990.</P> <P>(ii) Additional materials.</P> <P>(A) A state implementation plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.”</P> <P>(B) Nonregulatory portions of the state submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) Chapter 111 “Petroleum Liquid Storage Vapor Control” and Chapter 123 “Paper Coater Regulation,” effective in the state of Maine on October 3, 1989.</P> <P>(C) Chapter 112 “Petroleum Liquid Transfer Vapor Recovery,” effective in the State of Maine on June 9, 1991.</P> <P>(ii) Additional materials.</P> <P>(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.</P> <P>(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).</P> <P>(C) Nonregulatory portions of the submittal.</P> <P>(31) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on April 20, 1992.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated April 8, 1992 submitting a revision to the Maine State Implementation Plan.</P> <P>(B) Chapter 100(54)(b) “particulate matter emissions,” Chapter 100(57)(b) “PM<E T="52">10</E> 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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(32) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 5, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated June 3, 1991 submitting a revision to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(33) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on January 8, 1993.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated January 8, 1993, submitting a revision to the Maine State Implementation Plan.</P> <P>(B) Revised Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions” effective in the State of Maine on February 10, 1993.</P> <P>(C) Chapter 129 of the Maine Department of Environmental Protection Regulations, “Surface Coating Facilities” effective in the State of Maine on February 10, 1993.</P> <P>(D) Chapter 130 of the Maine Department of Environmental Protection Regulations, “Solvent Degreasers” effective in the State of Maine on February 10, 1993.</P> <P>(E) Chapter 131 of the Maine Department of Environmental Protection Regulations, “Cutback and Emulsified <PRTPAGE P="16"/>Asphalt” effective in the State of Maine on February 10, 1993.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(34) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on January 3, 1994.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated January 3, 1994 submitting a revision to the Maine State Implementation Plan.</P> <P>(B) Revised Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions” effective in the State of Maine on December 12, 1993.</P> <P>(C) Chapter 137 of the Maine Department of Environmental Protection Regulations, “Emission Statements” effective in the State of Maine on December 12, 1993.</P> <P>(ii) Additional Information.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(36) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 6, 1994.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated July 6, 1994 submitting a revision to the Maine State Implementation Plan.</P> <P>(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.”</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(37) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 12, 1994.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated July 5, 1994 submitting a revision to the Maine State Implementation Plan.</P> <P>(B) Maine's Chapter 100 entitled, “Definition Regulations.” This regulation was effective in the State of Maine on July 11, 1994.<PRTPAGE P="17"/> </P> <P>(C) Maine's Chapter 113 entitled, “Growth Offset Regulation.” This regulation was effective in the State of Maine on July 11, 1994.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the State submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated July 7, 1994 submitting a revision to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(C) Letter from the Maine Department of Environmental Protection dated August 16, 1994 submitting a corrected page to the July 12, 1994 SIP revision.</P> <P>(39)[Reserved]</P> <P>(40) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 1, 1994.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated June 1, 1994 submitting revisions to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) A maintenance demonstration and contingency plan which outline Maine's control strategy for maintenance of the PM<E T="52">10</E> NAAQS and contingency measures and provision for Presque Isle.</P> <P>(B) Nonregulatory portions of the submittal.</P> <P>(41) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 5, 1994 related to NO<E T="52">X</E> controls in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties.</P> <P>(i) Incorporation by reference.</P> <P>(A) A Letter from the Maine Department of Environmental Protection dated August 5, 1994 submitting a revision to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(42) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 24, 1995.</P> <P>(i) Incorporation by reference.</P> <P>(A) Two letters from the Maine Department of Environmental Protection dated July 24, 1995 submitting revisions to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(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.<PRTPAGE P="18"/> </P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(43) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 24, 1995.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated July 24, 1995 submitting a revision to the Maine State Implementation Plan.</P> <P>(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.</P> <P>(ii) Additional materials</P> <P>(A) Letter from the Maine Department of Environmental Protection dated May 6, 1996.</P> <P>(B) Nonregulatory portions of the submittal.</P> <P>(44) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 11, 1996.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maine Department of Environmental Protection dated October 11, 1996 submitting a revision to the Maine State Implementation Plan.</P> <P>(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.</P> <CITA>[37 FR 10870, May 31, 1972]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1020, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 52.1021</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Maine plan was evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Ozone</CHED> </BOXHD> <ROW> <ENT I="01">Metropolitan Portland Intrastate</ENT> <ENT>I</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Androscoggin Valley Interstate</ENT> <ENT>IA</ENT> <ENT>IA</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Down East Intrastate</ENT> <ENT>IA</ENT> <ENT>IA</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Aroostook Intrastate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Northwest Maine Intrastate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1022</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>With the exceptions set forth in this subpart, the Administrator approves Maine's plan, as identified in § 52.1020, for the attainment and maintenance of the national standards under section 110 of the Clean Air Act.</P> <CITA>[45 FR 10774, Feb. 19, 1980, as amended at 60 FR 33734, June 29, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1023</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <P>(a) <E T="03">Determination.</E> 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. </P> <P>(b) <E T="03">Determination.</E> 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 <PRTPAGE P="19"/>and Lincoln Counties ozone nonattainment area, these determinations shall no longer apply.</P> <P>(c) <E T="03">Approval.</E> 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 NO<E T="52">X</E> 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 § 52.1020(c)(41) for major sources of nitrogen oxides (NO<E T="52">X</E>), nonattainment area new source review (NSR) for new sources and modifications that are major for NO<E T="52">X</E>, and the applicable NO<E T="52">X</E>-related requirements of the general and transportation conformity provisions.</P> <CITA>[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1024</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <P>The following table presents the latest dates by which the national standards are to be attained.<PRTPAGE P="20"/> </P> <GPOTABLE CDEF="s200,6,6,6,6,6,6" COLS="7" OPTS="L2,i1"> <TTITLE> <E T="04">Attainment Dates Established by Clean Air Act of</E> 1990</TTITLE> <BOXHD> <CHED H="1">Air quality control region and nonattainment area</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">SO<E T="52">2</E> </CHED> <CHED H="3">Primary</CHED> <CHED H="3">Secondary</CHED> <CHED H="2">PM-10</CHED> <CHED H="2">NO<E T="52">2</E> </CHED> <CHED H="2">CO</CHED> <CHED H="2">O<E T="52">3</E> </CHED> </BOXHD> <ROW> <ENT I="22">AQCR 107:</ENT> </ROW> <ROW> <ENT I="03">Androscoggin County</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">g</E>)</ENT> </ROW> <ROW> <ENT I="03">Kennebec County</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">g</E>)</ENT> </ROW> <ROW> <ENT I="03">Knox County</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">g</E>)</ENT> </ROW> <ROW> <ENT I="03">Lincoln County</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">g</E>)</ENT> </ROW> <ROW> <ENT I="03">Waldo County</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">d</E>)</ENT> </ROW> <ROW> <ENT I="03">Oxford Cnty. (Part) See 40 CFR 81.320 </ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">e</E>)</ENT> </ROW> <ROW> <ENT I="03">Franklin Cnty. (Part) See 40 CFR 81.320 </ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">e</E>)</ENT> </ROW> <ROW> <ENT I="03">Somerset Cnty. (Part) See 40 CFR 81.320 </ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">e</E>)</ENT> </ROW> <ROW> <ENT I="22">AQCR 108:</ENT> </ROW> <ROW> <ENT I="03">Aroostook Cnty. (Part) See 40 CFR 81.320 </ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">c</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> </ROW> <ROW> <ENT I="03">Remainder of AQCR</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> </ROW> <ROW> <ENT I="22">AQCR 109:</ENT> </ROW> <ROW> <ENT I="03">Hancock County </ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">d</E>)</ENT> </ROW> <ROW> <ENT I="03">Millinocket</ENT> <ENT>(<E T="21">e</E>)</ENT> <ENT>(<E T="21">e</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> </ROW> <ROW> <ENT I="03">Remainder of AQCR</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> </ROW> <ROW> <ENT I="22">AQCR 110:</ENT> </ROW> <ROW> <ENT I="03">York County</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">g</E>)</ENT> </ROW> <ROW> <ENT I="03">Cumberland County</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">g</E>)</ENT> </ROW> <ROW> <ENT I="03">Sagadahoc County</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">g</E>)</ENT> </ROW> <ROW> <ENT I="03">Oxford Cnty. (Part) See 40 CFR 81.320 </ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">e</E>)</ENT> </ROW> <ROW> <ENT I="01">AQCR 111</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">b</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> <ENT>(<E T="21">a</E>)</ENT> </ROW> <TNOTE> <E T="21">a</E> Air quality levels presently below primary standards or area is unclassifiable.</TNOTE> <TNOTE> <E T="21">b</E> Air quality levels presently below secondary standards or area is unclassifiable.</TNOTE> <TNOTE> <E T="21">c</E> 12/31/94.</TNOTE> <TNOTE> <E T="21">d</E> 11/15/94 (one-year extension granted).</TNOTE> <TNOTE> <E T="21">e</E> 11/15/95.</TNOTE> <TNOTE> <E T="21">g</E> 11/15/96.</TNOTE> </GPOTABLE> <CITA TYPE="T">[60 FR 33352, June 28, 1995]</CITA> </SECTION> <SECTION> <PRTPAGE P="21"/> <SECTNO>§ 52.1025</SECTNO> <SUBJECT>Control strategy: Particulate matter.</SUBJECT> <P>(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 § 52.1023 for compliance schedule approvals and disapprovals pertaining to one or more of the sources below.)</P> <GPOTABLE CDEF="s50,r25,r25,7" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Source</CHED> <CHED H="1">Location</CHED> <CHED H="1">Regulation involved</CHED> <CHED H="1">Date of adoption</CHED> </BOXHD> <ROW> <ENT I="01">All sources subject to Regulation 100.3.1(b) with a maximum heat input from three million up to but not including ten million Btu per hour</ENT> <ENT>Maine</ENT> <ENT>100.3.1(b)</ENT> <ENT>3/29/73</ENT> </ROW> </GPOTABLE> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1026</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <P>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.</P> <CITA>[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1027</SECTNO> <SUBJECT>Rules and regulations.</SUBJECT> <P>(a) <E T="03">Part D—Conditional Approval.</E> </P> <P>(b) <E T="03">Non-Part D—No Action.</E> EPA is neither approving nor disapproving the following elements of the revisions identified in § 52.1020(C)(10):</P> <P>(1) Intergovernmental consultation.</P> <P>(2) Interstate pollution notification requirements.</P> <P>(3) Public notification requirements.</P> <P>(4) Conflict of Interest requirements.</P> <P>(5) Permit fees.</P> <CITA>[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1028</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1029</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <P>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.</P> <CITA>[45 FR 6786, Jan. 30, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1030</SECTNO> <SUBJECT>Control strategy: Sulfur oxides.</SUBJECT> <P>(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.</P> <CITA>[47 FR 948, Jan. 8, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1031</SECTNO> <SUBJECT>EPA-approved Maine regulations.</SUBJECT> <P>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 § 52.1020. To the extent <PRTPAGE P="22"/>that this table conflicts with §§ 52.1020, 52.1020 governs.</P> <GPOTABLE CDEF="xs30,r10,9,9,xs48,xs30,xs80" COLS="7" OPTS="L2,i1"> <TTITLE> <E T="04">Table 52.1031—EPA-Approved Rules and Regulations</E> </TTITLE> <BOXHD> <CHED H="1">State citation</CHED> <CHED H="1">Title/Subject</CHED> <CHED H="1">Date adopted by State</CHED> <CHED H="1">Date approved by EPA</CHED> <CHED H="1">Federal Register citation</CHED> <CHED H="1">52.1020</CHED> <CHED H="1"/> </BOXHD> <ROW> <ENT I="11">Chapter:</ENT> </ROW> <ROW> <ENT I="02">1</ENT> <ENT>Regulations for the Processing of Applications. </ENT> <ENT>02/08/84 </ENT> <ENT>03/23/93 </ENT> <ENT>58 FR 15430 </ENT> <ENT>(c)(26) </ENT> <ENT> Portions of chapter 1.</ENT> </ROW> <ROW> <ENT I="02">100 </ENT> <ENT/> <ENT>5/7/79 </ENT> <ENT>1/3/80 </ENT> <ENT>45 FR 6784 </ENT> <ENT>(c)(10) </ENT> <ENT>PSD Plan Only.</ENT> </ROW> <ROW> <ENT I="02">100 </ENT> <ENT>Definitions Regulations </ENT> <ENT>12/24/79 </ENT> <ENT>2/19/80 </ENT> <ENT>45 FR 10766 </ENT> <ENT>(c)(11) </ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>2/6/80 </ENT> <ENT O="xl"/> <ENT O="xl"/> <ENT O="xl"/> <ENT/> </ROW> <ROW> <ENT I="02">100 </ENT> <ENT>Definitions. </ENT> <ENT>10/3/89 </ENT> <ENT>3/23/93 </ENT> <ENT>58 FR 15430 </ENT> <ENT>(c)(26) </ENT> <ENT>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.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>(c)(27)</ENT> <ENT>Approval of definition of VOC in chapter 100(76) only.</ENT> </ROW> <ROW> <ENT I="02">100 </ENT> <ENT>Definitions Regulations </ENT> <ENT>11/26/91 </ENT> <ENT>6/21/93 </ENT> <ENT>58 FR 33768 </ENT> <ENT>(c)(31) </ENT> <ENT>Revised “volatile organic compound (VOC)” and “federally enforceable.” Added “particulate matter emissions” and “PM<E T="52">10</E> emissions.”</ENT> </ROW> <ROW> <ENT I="02">100 </ENT> <ENT>Definitions </ENT> <ENT>7/10/90 </ENT> <ENT>3/18/94</ENT> <ENT>59 FR 12855 </ENT> <ENT>(c)(29) </ENT> <ENT>Changes to the following definitions: Actual emissions, baseline concentration and fuel burning equipment in Chapter 100(1), (9), and (29).</ENT> </ROW> <ROW> <ENT I="02">100</ENT> <ENT>Definitions</ENT> <ENT>1/6/93</ENT> <ENT>6/17/94</ENT> <ENT>59 FR 31157</ENT> <ENT>(c)(33)</ENT> <ENT>Revised to add definitions associated with VOC RACT rules.</ENT> </ROW> <ROW> <ENT I="02">100</ENT> <ENT>Definitions</ENT> <ENT>11/10/93</ENT> <ENT>1/10/95</ENT> <ENT>60 FR 2526 </ENT> <ENT>(c)(34)</ENT> <ENT>Revised to add definitions associated with emission statement rules.</ENT> </ROW> <ROW> <ENT I="02">100 </ENT> <ENT>Definitions </ENT> <ENT>6/22/94 </ENT> <ENT>6/29/95 </ENT> <ENT>60 FR 33734</ENT> <ENT>36 </ENT> <ENT>Gasoline marketing definitions added</ENT> </ROW> <ROW> <ENT I="02">100</ENT> <ENT>Definitions Regulation</ENT> <ENT>6/22/94</ENT> <ENT>2/14/96</ENT> <ENT>61 FR 5694 </ENT> <ENT>(c)(37)</ENT> <ENT>Addition of 1990 Part D NSR and other CAAA requirements.</ENT> </ROW> <ROW> <ENT I="02">100 </ENT> <ENT>Definitions</ENT> <ENT>7/19/95</ENT> <ENT>10/15/96</ENT> <ENT>61 FR 53639</ENT> <ENT>(c)(42)</ENT> <ENT>Definition of “VOC” revised.</ENT> </ROW> <ROW> <ENT I="02">101 </ENT> <ENT>Visible Emissions </ENT> <ENT>10/10/79 </ENT> <ENT>2/17/82 </ENT> <ENT>47 FR 6829 </ENT> <ENT>(c)(17) </ENT> <ENT/> </ROW> <ROW> <ENT I="02">102 </ENT> <ENT>Open Burning </ENT> <ENT>1/31/72 </ENT> <ENT>5/31/72 </ENT> <ENT>37 FR 10842 </ENT> <ENT>(b) </ENT> <ENT/> </ROW> <ROW> <ENT I="02">103 </ENT> <ENT>Fuel Burning Equipment Particulate Emission Standard </ENT> <ENT>1/31/72 </ENT> <ENT>5/31/72 </ENT> <ENT>37 FR 10842 </ENT> <ENT>(b) </ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>1/24/83</ENT> <ENT>2/26/85</ENT> <ENT>50 FR 7770</ENT> <ENT>(c)(19)</ENT> <ENT/> </ROW> <ROW> <ENT I="02">104 </ENT> <ENT>Incinerator Particulate Emission Standard </ENT> <ENT>1/31/72 </ENT> <ENT>5/31/72 </ENT> <ENT>37 FR 10842 </ENT> <ENT>(b) </ENT> <ENT/> </ROW> <ROW> <ENT I="02">105 </ENT> <ENT>General Process Source Particulate Emission Standard </ENT> <ENT>1/31/72 </ENT> <ENT>5/31/72 </ENT> <ENT>37 FR 10842 </ENT> <ENT>(b) </ENT> <ENT/> </ROW> <ROW> <ENT I="02">106 </ENT> <ENT>Low Sulfur Fuel </ENT> <ENT>1/31/72 </ENT> <ENT>5/31/72 </ENT> <ENT>37 FR 10842 </ENT> <ENT>(b) </ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>2/08/78 </ENT> <ENT>1/8/82 </ENT> <ENT>47 FR 947 </ENT> <ENT>(c)(15) </ENT> <ENT>Revised limits for Portland Peninsula only.</ENT> </ROW> <ROW> <ENT I="02">107 </ENT> <ENT>Sulfur Dioxide Emission Standards for Sulfite Pulp Mills </ENT> <ENT>1/31/72 </ENT> <ENT>5/31/72 </ENT> <ENT>37 FR 10842 </ENT> <ENT>(b) </ENT> <ENT/> </ROW> <ROW> <ENT I="02">109 </ENT> <ENT>Emergency Episode Regulation </ENT> <ENT>1/31/72 </ENT> <ENT>5/31/72 </ENT> <ENT>37 FR 10842 </ENT> <ENT>(b) </ENT> <ENT/> </ROW> <ROW> <ENT I="02">109 </ENT> <ENT>Emergency Episode Regulation </ENT> <ENT>8/14/91 </ENT> <ENT>1/12/95 </ENT> <ENT>60 FR 2887 </ENT> <ENT>(c)(28) </ENT> <ENT>Revisions which incorporate the PM10 alert, warning, and emergency levels.</ENT> </ROW> <ROW> <PRTPAGE P="23"/> <ENT I="02">110 </ENT> <ENT>Ambient Air Quality Standards </ENT> <ENT>5/7/79 </ENT> <ENT>1/30/80 </ENT> <ENT>45 FR 6784 </ENT> <ENT>(c)(10) </ENT> <ENT/> </ROW> <ROW> <ENT I="02">110 </ENT> <ENT>Ambient Air Quality Standards </ENT> <ENT>10/25/89 </ENT> <ENT>3/23/93 </ENT> <ENT>58 FR 15430 </ENT> <ENT>(c)(26)</ENT> <ENT>All of chapter 110 except for chapter 110(2) which is approved in another paragraph, below. Note that Maine did not submit its Chromium standard in chapter 110(12) for approval.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>(c)(27)</ENT> <ENT>Chapter 110(2) only.</ENT> </ROW> <ROW> <ENT I="02">110 </ENT> <ENT>Ambient Air Quality Standards </ENT> <ENT>7/10/90 </ENT> <ENT>3/18/94 </ENT> <ENT>59 FR 12855 </ENT> <ENT>(c)(29) </ENT> <ENT>Addition of NO<E T="52">2</E> increments for class I and II areas in Chapter 110(10). Note that class III increment in Chapter 110(10)(C)(3) is not part of submittal.</ENT> </ROW> <ROW> <ENT I="02">111 </ENT> <ENT>Petroleum Liquid Storage Vapor Control </ENT> <ENT>5/7/79 </ENT> <ENT>2/19/80 </ENT> <ENT>45 FR 10766 </ENT> <ENT>(c)(11) </ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/27/89 </ENT> <ENT>2/3/92 </ENT> <ENT>57 FR 3948 </ENT> <ENT>(c)(30)</ENT> <ENT/> </ROW> <ROW> <ENT I="02">112 </ENT> <ENT>Petroleum Liquids Transfer Recovery </ENT> <ENT O="xl"/> <ENT>2/19/80</ENT> <ENT>45 FR 10766</ENT> <ENT>(c)(11)</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>5/7/79 </ENT> <ENT>3/5/82 </ENT> <ENT>47 FR 9462 </ENT> <ENT>(c)(16) </ENT> <ENT>Irving Oil, Searsport exempted.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/22/86 </ENT> <ENT>2/2/87 </ENT> <ENT>52 FR 3117 </ENT> <ENT>(c)(22) </ENT> <ENT>Bulk Gasoline Terminal Test methods.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>5/22/91 </ENT> <ENT>2/3/92 </ENT> <ENT>57 FR 3948 </ENT> <ENT>(c)(30) </ENT> <ENT>The exemption for Irving Oil Corporation in Searsport, Maine incorporated by reference at 40 CFR 52.1020(c)(16) is removed.</ENT> </ROW> <ROW> <ENT I="02">112 </ENT> <ENT>Petroleum liquids transfer recover </ENT> <ENT>6/22/94 </ENT> <ENT>6/29/95 </ENT> <ENT>60 FR 33734 </ENT> <ENT>36 </ENT> <ENT>Deleted exemption for tank trucks less than 3500 gallons.</ENT> </ROW> <ROW> <ENT I="02">112 </ENT> <ENT>Gasoline Bulk Terminals</ENT> <ENT>7/19/95</ENT> <ENT>10/15/96</ENT> <ENT>61 FR 53639</ENT> <ENT>(c)(42)</ENT> <ENT>Emission limit lowered from 80 mg/l to 35 mg/l.</ENT> </ROW> <ROW> <ENT I="02">113 </ENT> <ENT>Growth Offset Regulation </ENT> <ENT>5/7/79 </ENT> <ENT>2/19/80 </ENT> <ENT>45 FR 10766 </ENT> <ENT>(c)(11) </ENT> <ENT>Part of New Source Review program.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/18/85 </ENT> <ENT>12/23/86 </ENT> <ENT>51 FR 45886</ENT> <ENT>(c)(21) </ENT> <ENT>Deletes Thomaston.</ENT> </ROW> <ROW> <ENT I="02">113 </ENT> <ENT>Growth Offset Regulation </ENT> <ENT>10/25/89</ENT> <ENT>3/23/93</ENT> <ENT>58 FR 15430</ENT> <ENT>(c)(26)</ENT> <ENT/> </ROW> <ROW> <ENT I="02">113 </ENT> <ENT>Growth Offset Regulation </ENT> <ENT>7/10/90 </ENT> <ENT>3/18/94 </ENT> <ENT>59 FR 12855 </ENT> <ENT>(c)(29) </ENT> <ENT>Change to Chapter 113(II)(A) to include NO<E T="52">2</E>.</ENT> </ROW> <ROW> <ENT I="02">113</ENT> <ENT>Growth Offset Regulation</ENT> <ENT>6/22/94</ENT> <ENT>2/14/96</ENT> <ENT>61 FR 5694 </ENT> <ENT>(c)(37)</ENT> <ENT>Addition of 1990 Part D NSR requirements.</ENT> </ROW> <ROW> <ENT I="02">114 </ENT> <ENT>Classification of Air Quality Control Regions </ENT> <ENT>5/7/79 </ENT> <ENT>1/30/80 </ENT> <ENT>45 FR 6874 </ENT> <ENT>(c)(10) </ENT> <ENT/> </ROW> <ROW> <ENT I="02">114 </ENT> <ENT>Designation of Air Quality Control Regions </ENT> <ENT>10/25/89 </ENT> <ENT>3/23/93 </ENT> <ENT>58 FR 15430 </ENT> <ENT>(c)(26)</ENT> <ENT>All except for chapter 114(11) and (111) which are approved in another paragraph below.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT> (c)(27)</ENT> <ENT> Chapter 114(11)and (111) only.</ENT> </ROW> <ROW> <ENT I="02">114</ENT> <ENT>Classification of Air Quality Control Regions</ENT> <ENT>4/27/94</ENT> <ENT>Aug. 30, 1995</ENT> <ENT>60 FR 45060</ENT> <ENT>(c)(40)</ENT> <ENT>Revision to remove Presque Isle as nonattainment for PM<E T="52">10</E>.</ENT> </ROW> <ROW> <ENT I="02">115 </ENT> <ENT>Emission License Regulation. </ENT> <ENT>5/7/79 </ENT> <ENT>1/30/80 </ENT> <ENT>45 FR 6784 </ENT> <ENT>(c)(10) </ENT> <ENT>PSD</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>12/24/79 </ENT> <ENT>2/19/80 </ENT> <ENT>45 FR 10766 </ENT> <ENT>(c)(11) </ENT> <ENT>New Source Review.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>10/25/89 </ENT> <ENT>3/23/93 </ENT> <ENT>58 FR 15430 </ENT> <ENT>(c)(26) </ENT> <ENT>Note Maine did not submit references to nonregulated pollutants for approval. Also note that this chapter was formerly chapter 108.</ENT> </ROW> <ROW> <PRTPAGE P="24"/> <ENT I="02">115</ENT> <ENT>Emission License Regulation</ENT> <ENT>7/10/90</ENT> <ENT>3/18/94</ENT> <ENT>59 FR 12855</ENT> <ENT>(c)(29)</ENT> <ENT>Changes to Chapter 115(I)(B), (VII)(A), VII)(B)(3), and (VII)(D)(3) to remove Chapter 108 and to incorporate NO<E T="52">2</E> increments requirements.</ENT> </ROW> <ROW> <ENT I="02">115</ENT> <ENT>Emission License Regulation</ENT> <ENT>6/22/94</ENT> <ENT>2/14/96</ENT> <ENT>61 FR 5694 </ENT> <ENT>(c)(37)</ENT> <ENT>Addition of 1990 Part D NSR and other CAAA requirements.</ENT> </ROW> <ROW> <ENT I="02">116 </ENT> <ENT>Prohibited Dispersion Techniques. </ENT> <ENT>10/25/89 </ENT> <ENT>3/23/93 </ENT> <ENT>58 FR 15430 </ENT> <ENT>(c)(26) </ENT> <ENT/> </ROW> <ROW> <ENT I="02">117</ENT> <ENT>Source Surveillance</ENT> <ENT>8/9/88</ENT> <ENT>3/21/89</ENT> <ENT>54 FR 11525</ENT> <ENT>24</ENT> </ROW> <ROW> <ENT I="02">118 </ENT> <ENT>Gasoline Dispensing Facilities </ENT> <ENT>6/22/94 </ENT> <ENT>6/29/95</ENT> <ENT>60 FR 33734</ENT> <ENT>36 </ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT/> <ENT>7/19/95</ENT> <ENT>10/15/96</ENT> <ENT>61 FR 53639</ENT> <ENT>(c)(43)</ENT> <ENT>Stage II vapor recovery requirements added.</ENT> </ROW> <ROW> <ENT I="02">119</ENT> <ENT>Motor Vehicle Fuel Volatility Limit</ENT> <ENT>9/27/89</ENT> <ENT>5/3/90</ENT> <ENT>55 FR 20603</ENT> <ENT>(c)(25)</ENT> <ENT/> </ROW> <ROW> <ENT I="02">120 </ENT> <ENT>Gasoline Tank Trucks </ENT> <ENT>6/22/94 </ENT> <ENT>6/29/95 </ENT> <ENT>60 FR 33734</ENT> <ENT>35</ENT> <ENT/> </ROW> <ROW> <ENT I="02">123</ENT> <ENT>Paper Coater Regulation </ENT> <ENT>9/27/89 </ENT> <ENT>2/3/92 </ENT> <ENT>57 FR 3949 </ENT> <ENT>(c)(30) </ENT> <ENT>The 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), (c)(11), and (c)(18), respectively, are withdrawn.</ENT> </ROW> <ROW> <ENT I="02">126</ENT> <ENT>Capture Efficiency Test Procedures</ENT> <ENT>5/22/91</ENT> <ENT>3/22/93</ENT> <ENT>58 FR 15282</ENT> <ENT>(c)(32)</ENT> </ROW> <ROW> <ENT I="02">129</ENT> <ENT>Surface coating Facilities</ENT> <ENT>1/6/93</ENT> <ENT>6/17/94</ENT> <ENT>59 FR 31157</ENT> <ENT>(c)(33)</ENT> <ENT>Includes surface coating of: Cans, fabric, vinyl, metal furniture, flatwood paneling, and miscellaneous metal parts and products.</ENT> </ROW> <ROW> <ENT I="02">130</ENT> <ENT>Solvent Degreasers</ENT> <ENT>1/6/93</ENT> <ENT>6/17/94</ENT> <ENT>59 FR 31157</ENT> <ENT>(c)(33)</ENT> </ROW> <ROW> <ENT I="02">131</ENT> <ENT>Cutback and Emulsified Asphalt</ENT> <ENT>1/6/93</ENT> <ENT>6/17/94</ENT> <ENT>59 FR 31157</ENT> <ENT>(c)(33)</ENT> </ROW> <ROW> <ENT I="02">132</ENT> <ENT>Graphic Arts: Rotogravure and Flexography</ENT> <ENT>1/6/93</ENT> <ENT>6/17/94</ENT> <ENT>59 FR 31157</ENT> <ENT>(c)(33)</ENT> </ROW> <ROW> <ENT I="02">133 </ENT> <ENT>Gasoline Bulk Plants </ENT> <ENT>6/22/94 </ENT> <ENT>6/29/95 </ENT> <ENT>60 FR 33734</ENT> <ENT>36 </ENT> <ENT/> </ROW> <ROW> <ENT I="02">137</ENT> <ENT>Emission Statements</ENT> <ENT>11/10/93</ENT> <ENT>1/10/95</ENT> <ENT>60 FR 2526 </ENT> <ENT>(c)(34)</ENT> <ENT/> </ROW> <ROW> <ENT I="02">138</ENT> <ENT>Reasonably Available Control Technology For Facilities That Emit Nitrogen Oxides</ENT> <ENT>8/3/94</ENT> <ENT>December 26, 1995</ENT> <ENT>60 FR 66755</ENT> <ENT>(c)(41)</ENT> <ENT>Affects sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties (excepted portions of rule include Sections 1.A.1. and 3.B.).</ENT> </ROW> <ROW> <ENT I="01">141</ENT> <ENT>Conformity of General Federal Actions</ENT> <ENT>9/11/96</ENT> <ENT>September 23, 1997</ENT> <ENT>62 FR 49611</ENT> <ENT>(c)(44)</ENT> <ENT>“Chapter 141: Conformity of General Federal Actions”.</ENT> </ROW> <TNOTE> <E T="04">Note.—</E>1. The regulations are effective statewide unless stated otherwise in comments section.</TNOTE> </GPOTABLE> <CITA TYPE="W">(Secs. 110(a) and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7410(a) and 7601(a))) </CITA> <CITA TYPE="W">[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]</CITA> </SECTION> <SECTION> <PRTPAGE P="25"/> <SECTNO>§ 52.1033</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <P>(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.</P> <P>(b)[Reserved]</P> <P>(c) <E T="03">Long-term strategy.</E> The provisions of § 52.29 are hereby incorporated into the applicable plan for the State of Maine.</P> <CITA>[52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1034</SECTNO> <SUBJECT>Stack height review.</SUBJECT> <P>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.</P> <CITA>[54 FR 8190, Feb. 27, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1035</SECTNO> <SUBJECT>Requirements for state implementation plan revisions relating to new motor vehicles.</SUBJECT> <P>Maine must comply with the requirements of § 51.120.</P> <CITA>[60 FR 4737, Jan. 24, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1036</SECTNO> <SUBJECT>Emission inventories.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 NO<E T="52">X</E>] for the Hancock and Waldo counties ozone maintenance area to be used in determining transportation conformity.</P> <CITA>[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart V—Maryland</HD> <SECTION> <SECTNO>§ 52.1070</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) Title of plans:</P> <P>(1) “Plan for Implementation of Ambient Air Quality Standards in Cumberland, Maryland-Keyser, West Virginia, Interstate Air Quality Control Region.”</P> <P>(2) “Plan for Implementation of Ambient Air Quality Standards in the Central Maryland Intrastate Air Quality Control Region.”</P> <P>(3) “Plan for Implementation of Ambient Air Quality Standards in the Metropolitan Baltimore Intrastate Air Quality Control Region.”</P> <P>(4) “Plan for Implementation of Ambient Air Quality Standards in the Maryland portion of the National Capital Interstate Air Quality Control Region.”<PRTPAGE P="26"/> </P> <P>(5) “Plan for Implementation of Ambient Air Quality Standards in the Southern Maryland Intrastate Air Quality Control Region.”</P> <P>(6) “Plan for Implementation of Ambient Air Quality Standards in the Eastern Shore Intrastate Air Quality Control Region.”</P> <P>(b) The plans were officially submitted on January 28, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) Miscellaneous non-regulatory additions and errata to the plan submitted on February 25, 1972, by the Maryland Bureau of Air Quality Control.</P> <P>(2) Clarification of emission data submitted on March 3, 1972, by the Maryland Bureau of Air Quality Control.</P> <P>(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.</P> <P>(4) Miscellaneous non-regulatory corrections and additions to the plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality Control.</P> <P>(5) Miscellaneous non-regulatory corrections and additions to the plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality Control.</P> <P>(6) Revision establishing unsuitable sites for construction of power plants submitted July 27, 1972, by the Maryland Department of Natural Resources.</P> <P>(7) Transportation control plan for Metropolitan Baltimore and National Capital AQCR Submitted on April 16, 1973, by the Governor.</P> <P>(8) Amendments to the Maryland Transportation Control Plans submitted on May 5, 1973, by the Governor.</P> <P>(9) Amendments to the Maryland Transportation Control Plans submitted on June 15, 1973, by the Governor.</P> <P>(10) Amendments to the Maryland Transportation Control Plans submitted on June 22, 1973, by the Governor.</P> <P>(11) Amendments to the Maryland Transportation Control Plans submitted on June 28, 1973, by the Governor.</P> <P>(12) Amendments to the Maryland plan for attainment and maintenance of secondary SO<E T="22">2</E> standard for Metropolitan Baltimore AQCR submitted on July 31, 1973, by the Governor.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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) <PRTPAGE P="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.</P> <P>(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.</P> <P>(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.</P> <P>(22) A Consent Order for the Chalk Point power plant issued by the Circuit Court for Montgomery County on February 27, 1978.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.<PRTPAGE P="28"/> </P> <P>(27) Amendments to Sections .01, .07, and .11 of Maryland Regulation 10.18.01 as submitted on January 19, 1979 by the Governor.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(31)-(32) [Reserved]</P> <P>(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.</P> <P>(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 <E T="61">#</E>3. The amendment, a Secretarial Order, was submitted on August 13, 1979 by the State of Maryland.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(38) Deletion of Section .06G(2) (Control and Prohibition of Pho-to-chem-i-cal-ly 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.</P> <P>(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).</P> <P>(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.</P> <P>(41) Amendments to Sections .06 of Maryland Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the Governor.</P> <P>(42) Amendment to Section .01(y) of Maryland Regulation 10.18.01 as submitted on December 10, 1979 by the Governor.</P> <P>(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.</P> <P>(44) A revision submitted by the State of Maryland on December 20, 1979 which is intended to establish an Ambient Air Quality Monitoring Network.</P> <P>(45) Recodification of the Maryland Regulations submitted by the State of Maryland on May 22, 1980.</P> <P>(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 <PRTPAGE P="29"/>equipment having an actual heat input in excess of 1,000 million Btu/hour; submitted on February 20, 1980 by the Governor.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(50) A revision submitted by the State of Maryland on October 24, 1979 consisting of amendments to the following regulations: </P> <EXTRACT> <P>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).</P> </EXTRACT> <P>(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).</P> <P>(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).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(60) A State Implementation Plan for the control of lead (Pb) emissions submitted on October 23, 1980 by the Governor.</P> <P>(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.</P> <P>(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.</P> <P>(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.<PRTPAGE P="30"/> </P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(74) A Consent Order granting the Westvaco Corporation a sulfur dioxide (SO<E T="22">2</E>) 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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(78) Revision submitted by the State of Maryland on April 6, 1984 consisting of a Plan for Compliance for the Crown <PRTPAGE P="31"/>Cork and Seal Company, Inc., Baltimore City.</P> <P>(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.</P> <P>(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.</P> <P>(81) [Reserved]</P> <P>(82) Revisions to the Code of Maryland Regulations (COMAR) were submitted by the Director of the Maryland Air Management Administration of March 14, 1984.</P> <P>(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).</P> <P>(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.</P> <P>(83) Revisions to the Code of Maryland Regulations (COMAR) were submitted by the Director of the Maryland Air Management Administration on March 14, 1984.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(ii) Additional information.</P> <P>(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).</P> <P>(84) [Reserved]</P> <P>(85) Revisions to the Ozone Attainment Plan were submitted by the Director, Maryland Air Management Administration, on August 1, 1984.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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).</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(ii) Additional information.</P> <P>(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.</P> <P>(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.</P> <P>(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).</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter of March 30, 1987 from the Secretary, Maryland Department of Health and Mental Hygiene.<PRTPAGE P="32"/> </P> <P>(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.</P> <P>(ii) Additional information.</P> <P>(A) None.</P> <P>(88) [Reserved]</P> <P>(89) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on June 30, 1987.</P> <P>(i) <E T="03">Incorporation by reference.</E> </P> <P>(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.</P> <P>(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.).</P> <P>(90) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on March 21, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maryland Department of Environment dated March 21, 1991 submitting a revision to the Maryland State Implementation Plan.</P> <P>(B) Recodified Maryland Regulations, revised effective August 1, 1988.</P> <P>(<E T="03">1</E>) 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.</P> <P>(<E T="03">2</E>) 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.</P> <P>(<E T="03">3</E>) COMAR 26.11.03.01 through 26.11.03.03, 26.11.03.05 through 26.11.03.08.</P> <P>(<E T="03">4</E>) COMAR 26.11.05—(Entire Chapter).</P> <P>(<E T="03">5</E>) 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.</P> <P>(<E T="03">6</E>) 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).</P> <P>(<E T="03">7</E>) COMAR 26.11.09.01 through 26.11.09.04, 26.11.09.05B., 26.11.09.06 through 26.11.09.09.</P> <P>(<E T="03">8</E>) COMAR 26.11.10—Entire chapter except for COMAR 26.11.10.03B.(3).</P> <P>(<E T="03">9</E>) COMAR 26.11.11—Entire chapter except for COMAR 26.11.11.04A(1)-(4).</P> <P>(<E T="03">10</E>) COMAR 26.11.12—Entire Chapter.</P> <P>(<E T="03">11</E>) 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.</P> <P>(<E T="03">12</E>) 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.</P> <P>(<E T="03">13</E>) COMAR 26.11.20—Entire Chapter except for COMAR 26.11.20.02.</P> <P>(ii) Additional materials.</P> <P>(A) Remainder of the March 21, 1991 State Submittal known as Maryland 91-01B.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(A) Letter dated September 17, 1984 from Ronald E. Lipinski, MAMA, to <PRTPAGE P="33"/>James Topsale, EPA Region III, providing emissions information for the sources involved in the American Cyanamid bubble.</P> <P>(B) Public Hearing record for the May 23, 1984 public hearing.</P> <P>(C) Technical Support Document, prepared by Maryland, for American Cyanamid, including formulas to calculate bubble emissions.</P> <P>(92) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on December 15, 1987.</P> <P>(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.</P> <P>(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.</P> <P>(93) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on December 30, 1987.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maryland Department of Environment dated December 15, 1987, submitting revisions to the Maryland State Implementation Plan.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) None.</P> <P>(94) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on March 8, 1989.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maryland Department of Environment dated March 1, 1989, submitting revisions to the Maryland State Implementation Plan.</P> <P>(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 NO<E T="52">2</E> and requiring sources to conduct an NO<E T="52">2</E> 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.</P> <P>(ii) Additional materials.</P> <P>(A) None.</P> <P>(95) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on March 28, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maryland Department of Environment dated March 21, 1991 submitting revisions to the Maryland State Implementation Plan.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) None.</P> <P>(96) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on April 3, 1992.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Maryland Department of Environment dated March <PRTPAGE P="34"/>27, 1992 submitting revisions to the Maryland State Implementation Plan.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Remainder of April 3, 1992, State submittal.</P> <P>(97) Revisions to the State Implementation Plan submitted on June 14, 1989, by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter of June 14, 1989, from the Maryland Department of the Environment transmitting a revision to a Maryland State Implementation Plan.</P> <P>(B) Revision to COMAR 26.11.01.01E (Definition of “Control Officer”), effective June 20, 1989.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of the June 14, 1989 State submittal.</P> <P>(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:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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;</P> <P>(C) Amendments to COMAR 26.11.19.15C adopted by the Secretary of the Environment on March 9, 1991, effective May 8, 1991; and</P> <P>(D) Amendments to COMAR 26.11.19.15C(4) adopted by the Secretary of the Environment on January 18, 1992, effective February 15, 1993.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of April 5, 1991, and January 18, 1993, State submittals pertaining to COMAR 26.11.19.15C, Standards for Adhesive Application.</P> <P>(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.</P> <P>(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.</P> <P>(99) Revisions to the Maryland regulations for particulate matter (PM-10) submitted on March 1, 1989, by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Remainder of the State implementation plan revision request submitted by the Maryland Department of the Environment on March 1, 1989.</P> <P>(100) Revisions to the Code of Maryland Administrative Regulations (COMAR) submitted on June 7, 1990, by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter of June 7, 1990, from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan.<PRTPAGE P="35"/> </P> <P>(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.”</P> <P>(ii) Additional material.</P> <P>(A) Remainder of the June 7, 1990, State submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter of November 13, 1992, from the Maryland Department of the Environment transmitting Oxygenated Gasoline Program regulations.</P> <P>(B) The following State of Maryland regulations effective October 26, 1992:</P> <P>(<E T="03">1</E>) Amendments to COMAR 26.11.13.01 (Control of Gasoline and Volatile Organic Compound Storage and Handling).</P> <P>(<E T="03">2</E>) Deletion of Regulation .06 under COMAR 26.11.13 (Control of Gasoline and Volatile Organic Compound Storage and Handling).</P> <P>(<E T="03">3</E>) New Regulation COMAR 26.11.20.03 (Mobile Sources).</P> <P>(<E T="03">4</E>) COMAR 03.03.05.01, .01-1, .02-1, .05, .08, and .15 (Motor Fuel Inspection).</P> <P>(<E T="03">5</E>) COMAR 03.03.06.01 through .06 (Emissions Control Compliance).</P> <P>(ii) The remainder of the November 13, 1992, submittal.</P> <P>(102) Revisions to the Maryland State Implementation Plan submitted on April 5, 1991 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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:</P> <P>(<E T="03">1</E>) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B), pertaining to control of Volatile organic compounds from installations.</P> <P>(<E T="03">2</E>) Addition of new section COMAR 26.11.06.06E, (proposed as 10.18.06.06E), exemptions.</P> <P>(<E T="03">3</E>) 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.</P> <P>(<E T="03">4</E>) 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.</P> <P>(<E T="03">5</E>) Amendments to COMAR 26.11.19.10B, (proposed as COMAR 10.18.21.10B), pertaining to applicability and exemptions for graphic arts sources.</P> <P>(<E T="03">6</E>) Amendments to COMAR 26.11.19.13, (proposed as COMAR 10.18.21.13), pertaining to miscellaneous metal coating.</P> <P>(<E T="03">7</E>) Addition of new section COMAR 26.11.19.15A (proposed as 10.18.21.15A), definition of terms.</P> <P>(<E T="03">8</E>) Addition of new section COMAR 26.11.19.15B (proposed as 10.18.21.15B), standards for paint, resin and adhesive manufacturing.</P> <P>(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.</P> <P>(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.</P> <P>(E) The following revisions to the provisions of COMAR 26.11, adopted by <PRTPAGE P="36"/>the Secretary of the Environment on March 9, 1991, effective May 8, 1991: </P> <P>(<E T="03">1</E>) 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.</P> <P>(<E T="03">2</E>) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to permits to construct or modify for motor vehicle gasoline storage tanks.</P> <P>(<E T="03">3</E>) The addition of new section COMAR 26.11.06.01, definitions for the terms installation and process line.</P> <P>(<E T="03">4</E>) Amendments to COMAR 26.11.06.06A, B and E, pertaining to applicability, control, and exemptions for sources of volatile organic compounds.</P> <P>(<E T="03">5</E>) The deletion of existing COMAR 26.11.13, pertaining to gasoline and volatile organic compound storage and handling.</P> <P>(<E T="03">6</E>) 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.</P> <P>(<E T="03">7</E>) Amendments to COMAR 26.11.19.01B, addition of the definition for the term transfer efficiency, amendments to the definition for the term coating.</P> <P>(<E T="03">8</E>) 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.</P> <P>(<E T="03">9</E>) 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.</P> <P>(<E T="03">10</E>) 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.</P> <P>(<E T="03">11</E>) 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.</P> <P>(<E T="03">12</E>) 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.</P> <P>(<E T="03">13</E>) Amendments to COMAR 26.11.19.13B and C, pertaining to miscellaneous metal coating.</P> <P>(<E T="03">14</E>) Amendments to COMAR 26.11.19.14B, pertaining to synthesized pharmaceutical products.</P> <P>(<E T="03">15</E>) 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.</P> <P>(ii) Additional material.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(103) Revisions to the Maryland State Implementation Plan submitted on <PRTPAGE P="37"/>September 20, 1991 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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:</P> <P>(<E T="03">1</E>) Amendments to COMAR 26.11.01.01DD, the definition for the term volatile organic compound.</P> <P>(<E T="03">2</E>) 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).</P> <P>(<E T="03">3</E>) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions for large storage tanks.</P> <P>(<E T="03">4</E>) Amendments to COMAR 26.11.19.02D(2), pertaining to test methods.</P> <P>(<E T="03">5</E>) 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.</P> <P>(<E T="03">6</E>) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed paper coating.</P> <P>(<E T="03">7</E>) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR 26.11.19.11C, pertaining to plastic coating.</P> <P>(<E T="03">8</E>) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to compliance determinations for petroleum solvent dry cleaning installations.</P> <P>(<E T="03">9</E>) Addition of new COMAR 26.11.19.16, pertaining to volatile organic compound equipment leaks.</P> <P>(ii) Additional material.</P> <P>(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.</P> <P>(104) Revisions to the Maryland State Implementation Plan submitted on April 2, 1992 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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:</P> <P>(<E T="03">1</E>) Amendments to COMAR 26.1.01.01DD, the definition for the term volatile organic compound.</P> <P>(<E T="03">2</E>) 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.</P> <P>(<E T="03">3</E>) Amendments to COMAR 26.11.19.02D, pertaining to test methods for coatings and adhesives containing volatile organic compounds.</P> <P>(<E T="03">4</E>) Amendments to COMAR 26.11.19.09B, pertaining to emission standards for volatile organic compound metal cleaning.</P> <P>(<E T="03">5</E>) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to compliance determinations for petroleum solvent dry cleaning installations.</P> <P>(ii) Additional material.<PRTPAGE P="38"/> </P> <P>(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).</P> <P>(105) Revisions to the Maryland State Implementation Plan submitted on January 18, 1993 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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:</P> <P>(<E T="03">1</E>) 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.</P> <P>(<E T="03">2</E>) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to compliance determinations for tank trucks.</P> <P>(<E T="03">3</E>) Amendments to COMAR 26.11.19.07A(4), the definition for the term ultraviolet curable coating.</P> <P>(ii) Additional material.</P> <P>(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).</P> <P>(106) Revisions to the Maryland Regulations submitted on September 18, 1991 by the Maryland Department of the Environment.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter of September 18, 1991 from the Maryland Department of the Environment transmitting the continuous emission monitoring revision.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Remainder of September 23, 1991 State submittal.</P> <P>(107) Revisions to the Maryland State Implementation Plan submitted on January 18, 1993, by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of the January 18, 1993, State submittal pertaining to COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing Facilities.</P> <P>(108) Revisions to the Code of Maryland Administrative Regulations (COMAR) submitted on March 30, 1987 by the Maryland Department of Health and Mental Hygiene:</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter of March 30, 1987 from the Maryland Department of Health and Mental Hygiene transmitting revisions to the Maryland State Implementation Plan (SIP).</P> <P>(B) Revised COMAR 10.18.02.03H. (Action on an Application for a Permit and for Approval of a PSD Source or <PRTPAGE P="39"/>NSINA) (currently COMAR 26.11.02.10C.), effective March 24, 1987.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of the March 30, 1987 State submittal pertaining to COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.).</P> <P>(109) Revisions to the State of Maryland Regulations State Implementation Plan submitted on November 13, 1992 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of December 7, 1992 State submittal.</P> <P>(110) Revisions to the Maryland State Implementation Plan submitted on April 5, 1991 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of April 5, 1991 State submittal pertaining to COMAR 26.11.13.04, loading operations.</P> <P>(111) Revisions to the Maryland State Implementation Plan submitted on April 2, 1992 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of April 2, 1992 State submittal pertaining to COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.</P> <P>(112) Revisions to the Maryland State Implementation Plan submitted on January 18, 1993 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of January 18, 1993 State submittal pertaining to COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.</P> <P>(113) Revisions to the Maryland State Implementation Plan submitted on June 8, 1993 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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:</P> <P> <E T="03">(1)</E> Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt paving.<PRTPAGE P="40"/> </P> <P> <E T="03">(2)</E> Amendments to COMAR 26.11.13.01B(1), the definition for the term bulk gasoline plant.</P> <P> <E T="03">(3)</E> Amendments to COMAR 26.11.13.02, pertaining to applicability and exemptions.</P> <P> <E T="03">(4)</E> Amendments to COMAR 26.11.13.04, pertaining to loading operations.</P> <P> <E T="03">(5)</E> The addition of new COMAR 26.11.13.07, pertaining to plans for compliance.</P> <P> <E T="03">(6)</E> Amendments to COMAR 26.11.19.01B(4), the definition for the term major stationary source of VOC.</P> <P> <E T="03">(7)</E> Amendments to COMAR 26.11.19.02A, F, and H, pertaining to applicability, reporting and recordkeeping, and plans for compliance, respectively.</P> <P> <E T="03">(8)</E> Amendments to COMAR 26.11.19.10, pertaining to graphic arts.</P> <P>(ii) Additional material.</P> <P>(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.</P> <P>(114) Revisions to the Maryland State Implementation Plan submitted on July 19, 1993 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of July 19, 1993 State submittal pertaining to COMAR 26.11.13.04A, bulk gasoline terminals.</P> <P>(115)-(116)[Reserved]</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter of September 20, 1995 from the Maryland Department of the Environment requesting the redesignation and submitting the maintenance plan.</P> <P>(B) The ten year carbon monoxide maintenance plan for the Baltimore Carbon Monoxide nonattainment area adopted on August 31, 1995.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of September 20, 1995 State submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter of October 12, 1995 from the Maryland Department of the Environment requesting the redesignation and submitting the maintenance plan.</P> <P>(B) Maintenance Plan for the Maryland portion of the Metropolitan Washington Carbon Monoxide Nonattainment Area adopted on September 20, 1995.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of October 12, 1995 State submittal.</P> <P>(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:</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter of July 17, 1995 from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan.</P> <P>(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.</P> <P>(ii) Additional material.<PRTPAGE P="41"/> </P> <P>(A) Remainder of July 17, 1995 State of Maryland submittal.</P> <P>(120) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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:</P> <P>(<E T="03">1</E>) the deletion of sections 26.11.07.01 A and B, definitions for the terms “hazardous material” and “I.I.A. standards.”</P> <P>(<E T="03">2</E>) addition of new section 26.11.07.01B, “Terms Defined.”</P> <P>(<E T="03">3</E>) addition of new sections 26.11.07.01B(1) and (2), definitions of the terms “excessive lodging” and “forest resource management practices.”</P> <P>(<E T="03">4</E>) renumbering of old sections 26.11.07.01C & D, now new sections 26.11.07.01B(3) & (4).</P> <P>(<E T="03">5</E>) amendments to section 26.11.07.02, pertaining to general provisions.</P> <P>(<E T="03">6</E>) amendments to sections 26.11.07.03A, B, and B(1), pertaining to open fires authorized by control officers.</P> <P>(<E T="03">7</E>) addition of new section 26.11.07.03C, “Prohibition on Open Burning.”</P> <P>(<E T="03">8</E>) amendments to section 26.11.07.04, pertaining to open fires authorized by public officers, including the addition of new sections (4)—(7).</P> <P>(<E T="03">9</E>) amendments to section 26.11.07.05, pertaining to open fires allowed without authorization.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.07.</P> <P>(121) Revisions to the Maryland State Implementation Plan submitted on July 17, 1995 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(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).</P> <P>(122) Revisions to the Maryland State Implementation Plan submitted on July 17, 1995 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(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.”</P> <P>(123) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.<PRTPAGE P="42"/> </P> <P>(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.</P> <P>(B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound Metal Cleaning (entire regulation).</P> <P>(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:</P> <P>(<E T="03">1</E>) Addition of new COMAR 26.11.19.09.A Definitions.</P> <P>(<E T="03">2</E>) 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.”</P> <P>(<E T="03">3</E>) Addition of new COMAR 26.11.19.09.C Applicability.</P> <P>(<E T="03">4</E>) Addition of new COMAR 26.11.19.09.D Requirements.</P> <P>(<E T="03">5</E>) Addition of new COMAR 26.11.19.09.E Specifications for Cold Degreasing and Requirements for Vapor Degreasing.</P> <P>(<E T="03">6</E>) Addition of new COMAR 26.11.19.09.F. Records.</P> <P>(ii) Additional material.</P> <P>(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.</P> <P>(124) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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:</P> <P>(<E T="03">1</E>) 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.”</P> <P>(<E T="03">2</E>) Addition of new COMAR 26.11.19.23B. Applicability and Exemptions.</P> <P>(<E T="03">3</E>) Addition of new COMAR 26.11.19.23C. Coating Standards and General Conditions.</P> <P>(<E T="03">4</E>) Addition of new COMAR 26.11.19.23D. Calculations.</P> <P>(<E T="03">5</E>) Addition of new COMAR 26.11.19.23E. Requirements for Specialty Coatings.</P> <P>(<E T="03">6</E>) Addition of new COMAR 26.11.19.23F. Coating Application Equipment Requirements.</P> <P>(<E T="03">7</E>) Addition of new COMAR 26.11.19.23G. Cleanup and Surface Preparation Requirements</P> <P>(<E T="03">8</E>) Addition of new COMAR 26.11.19.23H. Monitoring and Records.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.23 Vehicle Refinishing.</P> <P>(125) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) Regulations:</P> <P>(<E T="03">1</E>) 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:<PRTPAGE P="43"/> </P> <P>(<E T="03">i</E>) 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.”</P> <P>(<E T="03">ii</E>) Addition of new COMAR 26.11.19.17.B Applicability, Exemptions, and Compliance Date.</P> <P>(<E T="03">iii</E>) Addition of new COMAR 26.11.19.17.C Requirements for Yeast Manufacturing Installations.</P> <P>(<E T="03">iv</E>) Addition of new COMAR 26.11.19.17.D Determination of Compliance and Testing.</P> <P>(<E T="03">v</E>) Addition of new COMAR 26.11.19.17.E Reporting Requirements.</P> <P>(<E T="03">vi</E>) Amendment to COMAR 26.11.19.17.C(3), pertaining to limits for temperature and pH.</P> <P>(<E T="03">vii</E>) Amendment to COMAR 26.11.19.17.D(3), pertaining to stack test dates.</P> <P>(<E T="03">2</E>) 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:</P> <P>(<E T="03">i</E>) 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.”</P> <P>(<E T="03">ii</E>) Addition of new COMAR 26.11.19.18.B Applicability.</P> <P>(<E T="03">iii</E>) Addition of new COMAR 26.11.19.18.C General Requirements for Screen Printing.</P> <P>(<E T="03">iv</E>) Addition of new COMAR 26.11.19.18.D General Requirements for Plywood Sign Coating.</P> <P>(<E T="03">v</E>) Addition of new COMAR 26.11.19.18.E General Requirements for Plastic Card Manufacturing Installations.</P> <P>(<E T="03">vi</E>) Addition of new COMAR 26.11.19.18.F Control of VOC Emissions from the Use of Specialty Inks.</P> <P>(<E T="03">vii</E>) Addition of new COMAR 26.11.19.18.G Control of VOC Emissions from Clear Coating Operations.</P> <P>(<E T="03">viii</E>) Addition of new COMAR 26.11.19.18.H Control of VOC Emissions from Ink and Haze Removal and Screen Reclamation.</P> <P>(<E T="03">ix</E>) Addition of new COMAR 26.11.19.18.I.</P> <P>(<E T="03">x</E>) Addition of new COMAR 26.11.19.18.A(17), definition for the term “untreated sign paper.”</P> <P>(<E T="03">xi</E>) Addition of new COMAR 26.11.19.18.C(2), replacing previous § C(2).</P> <P>(<E T="03">xii</E>) Addition of new COMAR 26.11.19.18.C(3) Use of Control Devices.</P> <P>(<E T="03">xiii</E>) Addition of new COMAR 26.11.19.18.E(2)(b), replacing previous § E(2)(b).</P> <P>(<E T="03">xiv</E>) Addition of new COMAR 26.11.19.18.I Record Keeping, replacing the previous § I.</P> <P>(<E T="03">3</E>) 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:</P> <P>(<E T="03">i</E>) Addition of new COMAR 26.11.19.19.A Definitions.</P> <P>(<E T="03">ii</E>) 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.”</P> <P>(<E T="03">iii</E>) Addition of new COMAR 26.11.19.19.C Applicability.</P> <P>(<E T="03">iv</E>) Addition of new COMAR 26.11.19.19.D General Requirements.</P> <P>(<E T="03">v</E>) Addition of new COMAR 26.11.19.19.E Testing Requirements.</P> <P>(<E T="03">vi</E>) Addition of new COMAR 26.11.19.19.F Record Keeping.</P> <P>(<E T="03">4</E>) 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.</P> <P>(<E T="03">i</E>) Addition of new COMAR 26.11.19.21.A Definitions.</P> <P>(<E T="03">ii</E>) Addition of new COMAR 26.11.19.21.B Terms Defined, including <PRTPAGE P="44"/>definitions for the terms “commercial bakery oven,” “fermentation time,” “yeast percentage,” and “Yt value.”</P> <P>(<E T="03">iii</E>) Addition of new COMAR 26.11.19.21.C Applicability and Exemptions.</P> <P>(<E T="03">iv</E>) Addition of new COMAR 26.11.19.21.D General Requirements.</P> <P>(<E T="03">v</E>) Addition of new COMAR 26.11.19.21.E Use of Innovative Control Methods.</P> <P>(<E T="03">vi</E>) Addition of new COMAR 26.11.19.21.F Reporting and Testing Requirements.</P> <P>(ii) Additional material.</P> <P>(A) Remainder of July 12, 1995 Maryland State submittals pertaining to COMAR 26.11.19.21, .17, .18, and .19.</P> <P>(126) Revisions to the Maryland State Implementation Plan submitted on July 11, 1995 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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:</P> <P>(<E T="03">1</E>) Deletion of COMAR 26.11.19.11 title, “Other Miscellaneous Printing and Coating Processes” and addition of new title, “Lithographic Printing.”</P> <P>(<E T="03">2</E>) Deletion of COMAR 26.11.19.11.A(4), definition for the term “plastic parts coating.”</P> <P>(<E T="03">3</E>) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts coating.</P> <P>(<E T="03">4</E>) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6) Applicability.</P> <P>(<E T="03">5</E>) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic Coating.</P> <P>(<E T="03">6</E>) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed Letter or Lithographic Printing.</P> <P>(<E T="03">7</E>) Addition of new COMAR 26.11.19.11.D Requirements for Lithographic Web Printing.</P> <P>(<E T="03">8</E>) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning Printing Equipment.</P> <P>(<E T="03">9</E>) Deletion of COMAR 26.11.19.10 title, “Graphic Arts” and addition of new title, “Flexographic and Rotogravure Printing.”</P> <P>(<E T="03">10</E>) Deletion of COMAR 26.11.19.10.A(4), definition for the term “web printing.”</P> <P>(<E T="03">11</E>) Addition of COMAR 26.11.19.01.B(8), definition for the term “web printing.”</P> <P>(ii) Additional Material.</P> <P>(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.</P> <P>(127) Revisions to the Maryland State Implementation Plan submitted on July 11, 1995 by the Maryland Department of the Environment:</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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:</P> <P>(<E T="03">1</E>) Addition of COMAR 26.11.19.07.A(2-1), definition for the term “plastic parts coating.”</P> <P>(<E T="03">2</E>) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric and vinyl coating.</P> <P>(<E T="03">3</E>) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic Coating.</P> <P>(ii) Additional Material.</P> <P>(A) Remainder of July 11, 1995 Maryland State submittal pertaining to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.</P> <P>(128) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:<PRTPAGE P="45"/> </P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(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.”</P> <CITA>[37 FR 10870, May 31, 1972]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1070, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P> At 63 FR 26463, May 13, 1998, § 52.1070 was amended by adding paragraph (c)(128), effective July 13, 1998.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 52.1071</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Maryland plans were evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Ozone</CHED> </BOXHD> <ROW> <ENT I="01">Cumberland-Keyser Interstate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Central Maryland Intrastate</ENT> <ENT>II</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Metropolitan Baltimore Intrastate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>I</ENT> </ROW> <ROW> <ENT I="01">National Capital Interstate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>I</ENT> <ENT>I</ENT> </ROW> <ROW> <ENT I="01">Southern Maryland Intrastate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Eastern Shore Intrastate</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 53475, Aug. 12, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1072</SECTNO> <SUBJECT>Conditional approval.</SUBJECT> <P>(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:</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="46"/>standard for the years 2002 and 2005 (excluding the year 1999, as recommended by EPA).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(7) Submit to EPA written specifications for the gas cap check procedures referenced in Maryland's regulations.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(13) Submit to EPA an administrative procedures manual or description of the practice of inspector recertification which must occur at least every two years.</P> <P>(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.</P> <P>(15) Maryland must start mandatory testing of all subject vehicles as soon <PRTPAGE P="47"/>as possible, or by November 15, 1997 at the latest.</P> <P>(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:</P> <P>(1) Maryland's 15% plan must be revised to account for growth in point sources from 1990-1996.</P> <P>(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</P> <FP>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.</FP> <P>(3) Maryland must remodel to determine affirmatively the creditable reductions from RFG, and Tier 1 in accordance with EPA guidance.</P> <P>(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.</P> <P>(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:</P> <P>(1) Maryland's 15% plan calculations must reflect the EPA approved 1990 base year emissions inventory in § 52.1075.</P> <P>(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.</P> <P>(3) Maryland must remodel to determine affirmatively the creditable reductions from RFG and Tier I in accordance with EPA guidance.</P> <P>(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.</P> <CITA>[62 FR 40944, July 31, 1997, as amended at 62 FR 49616, Sept. 23, 1997; 62 FR 52666, Oct. 9, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1073</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>(a) With the exceptions set forth in this subpart, the Administrator approves Maryland's plans for the attainment and maintenance of the national standards.</P> <P>(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.</P> <FP>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.<PRTPAGE P="48"/> </FP> <P>(c) Code of Maryland Air Regulations (COMAR) 26.11.13.06 is approved with the following exception:</P> <P>(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).</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1074</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <P>(a) The requirements of § 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.</P> <CITA>[39 FR 34536, Sept. 26, 1974, and 47 FR 20128, May 11, 1982, as amended at 51 FR 40676, Nov. 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1075</SECTNO> <SUBJECT>1990 base year emission inventory.</SUBJECT> <P>(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).</P> <P>(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).</P> <P>(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 (NO<E T="52">X</E>).</P> <P>(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 (NO<E T="52">X</E>).</P> <P>(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 (NO<E T="52">X</E>).</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1076</SECTNO> <SUBJECT>Control strategy: ozone.</SUBJECT> <P>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.</P> <CITA>[62 FR 40458, July 29, 1997]</CITA> </SECTION> <SECTION> <PRTPAGE P="49"/> <SECTNO>§ 52.1077</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <P>(a) The requirements of § 51.212 of this chapter are not met since the plans do not provide specific procedures for stationary sources to be periodically tested.</P> <CITA>[37 FR 10870, May 31, 1972, as amended at 47 FR 20128, May 11, 1982; 51 FR 40677, Nov. 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1078</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1079</SECTNO> <SUBJECT>Requirements for state implementation plan revisions relating to new motor vehicles.</SUBJECT> <P>Maryland must comply with the requirements of § 51.120.</P> <CITA>[60 FR 4737, Jan. 24, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1080</SECTNO> <SUBJECT>Photochemical Assessment Monitoring Stations (PAMS) Program.</SUBJECT> <P>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.</P> <CITA>[60 FR 47084, Sept. 11, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1081—52.1109</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1110</SECTNO> <SUBJECT>Small business stationary source technical and environmental compliance assistance program.</SUBJECT> <P>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.</P> <CITA>[59 FR 25333, May 16, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1111—52.1112</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1113</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) The requirements of § 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.</P> <P>(b) <E T="03">Regulation for public availability of emission data.</E> (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.</P> <P>(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, <PRTPAGE P="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.</P> <P>(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.</P> <P>(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.</P> <CITA>[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55329, Nov. 28, 1975; 52 FR 40676, Nov. 7, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1114—52.1115</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1116</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(1) Definition of federally enforceable (40 CFR 52.21(b)(17)),</P> <P>(2) Exclusions from increment consumption (40 CFR 52.21(f)(1)(v), (3), (4)(i)),</P> <P>(3) Redesignation of areas (40 CFR 52.21(g) (1), (2), (3), (4), (5), and (6)),</P> <P>(4) Approval of alternate models (40 CFR 52.21(1)(2)),</P> <P>(5) Disputed permits or redesignation (40 CFR 52.21(t), and</P> <P>(6) Delegation of Authority (40 CFR 52.21(u)(1), (2)(ii), (3), and (4)).</P> <CITA>[45 FR 52741, Aug. 7, 1980 and 47 FR 7835, Feb. 23, 1982] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1117</SECTNO> <SUBJECT>Control strategy: Sulfur oxides.</SUBJECT> <P>(a) [Reserved]</P> <P>(b) The requirements of § 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.</P> <CITA>[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] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1118</SECTNO> <SUBJECT>Approval of bubbles in nonattainment areas lacking approved demonstrations: State assurances.</SUBJECT> <P>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:</P> <P>(a) Include the bubble emission limits for this plant in any new State Implementation Plan,</P> <P>(b) Consider this plant with its approved bubble limits in reviewing sources for needed additional emission reductions, and</P> <P>(c) Not be delayed in making reasonable efforts to provide the necessary schedules for completing the new ozone attainment plan.</P> <CITA>[55 FR 20272, May 16, 1990]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart W—Massachusetts</HD> <SECTION> <SECTNO>§ 52.1119</SECTNO> <SUBJECT>Identification of plan—conditional approval.</SUBJECT> <P>(a) The following plan revisions were submitted on the dates specified.</P> <P>(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 <PRTPAGE P="51"/>legal authority to establish and implement a compliance advisory panel and to have a fully operational PROGRAM by November 15, 1994.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated November 13, 1992 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(B) State Implementation Plan Revision for a Small Business Technical and Environmental Compliance Assistance Program dated November 13, 1992.</P> <P>(ii) Additional materials.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated July 22, 1993 clarifying portions of Massachusetts’ November 13, 1992 SIP revision.</P> <P>(2) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 11, 1995 and March 29, 1995.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) 310 CMR 7.24(8) “Marine Vessel Transfer Operations” effective in the Commonwealth of Massachusetts on January 27, 1995.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(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.</P> <P>(B) Nonregulatory portions of the submittal.</P> <CITA>[59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1120</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) Title of plan: “Plan for Implementation, Maintenance, and Enforcement of National Primary and Secondary Ambient Air Quality Standards.”</P> <P>(b) The plan was officially submitted on January 27, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) Emergency episode regulations submitted on February 22, 1972, by the Bureau of Air Quality Control, Massachusetts Department of Public Health.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) Letter of concurrence on AQMA identifications submitted on July 23, 1974, by the Governor.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="52"/>pertinent to the Haverhill Paperboard Corp., Haverhill, Mass., submitted on December 30, 1976 by the Secretary of Environmental Affairs.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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, <E T="03">Visible Emissions,</E> submitted on December 28, 1979.</P> <P>(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.</P> <P>(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.<PRTPAGE P="53"/> </P> <P>(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.</P> <P>(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 Com0missioner of the Massachusetts Department of Environmental Quality Engineering.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(32) A revision to Regulation 7.05(1) “Sulfur Content of Fuels and Control Thereof” for the Metropolitan Boston <PRTPAGE P="54"/>APCD submitted on November 27, 1979 by the Commissioner of the Department of Environmental Quality Engineering.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.”</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(45) A revision to Regulation 7.05(1)(e) “Sulfur Content of Fuels and Control <PRTPAGE P="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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(50) [Reserved]</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 § 52.1120(c)(53)(i), is added to the VOC surface coating bubble Regulation 310 CMR 7.18(2)(b) identified in § 52.1120(c)(42).</P> <P>(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).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(57) Revisions to the State's narrative, entitled <E T="03">New Source Regulations</E> 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.</P> <P>(58) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental <PRTPAGE P="56"/>Protection on June 7, 1991, November 13, 1992 and February 17, 1993.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) Amendments and additions to 310 CMR 7.00 submitted on June 7, 1991 and effective on April 12, 1991.</P> <P>(C) Amendments and additions to 310 CMR 7.00 submitted on June 7, 1991 and effective on June 21, 1991.</P> <P>(D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992 and February 17, 1993 and effective on February 12, 1993.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the state submittal.</P> <P>(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.</P> <P>(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.”</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d), “Motor Vehicle Fuel Tank Trucks”, adopted December 1984.</P> <P>(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.</P> <P>(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.</P> <P>(66) Attainment and maintenance plans for lead, submitted on July 13 and August 17, 1984 by the Department of Environmental Quality Engineering.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(B) These specific requirements of Regulation 310 CMR 7.19 were agreed to in a Statement of Agreement, signed February 19, 1985.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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”.</P> <P>(B) Regulation 310 CMR 7.05(4), Department of Environmental Quality Engineering, Air Pollution Control, Ash Content of Fuels.</P> <P>(ii) Additional materials.</P> <P>(A) The nonregulatory portions of the state submittals.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) Statements of Agreement both signed October 28, 1985 by Doris Bunte, Administrator of Boston Housing Authority.</P> <P>(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated January 9, 1986, subject: Decision Memo.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) Statements of Agreement signed April 4, 1986 by Doris Bunte, Administrator of Boston Housing Authority.</P> <P>(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April 18, 1986, subject: Decision Memo.</P> <P>(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).<PRTPAGE P="58"/> </P> <P>(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.</P> <P>(B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective on February 6, 1987.</P> <P>(C) Regulation 310 CMR 7.02(12)(d) is amended and became effective on February 6, 1987.</P> <P>(D) Regulations 310 CMR 7.14 (2) and (3) are added and became effective on February 6, 1987.</P> <P>(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.</P> <P>(ii) Additional materials. The nonregulatory portions of the state submittals.</P> <P>(73) Revisions to the State Implementation Plan submitted by the Commonwealth of Massachusetts on February 21, February 25, and June 23, 1986.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(C) A Regulation Filing and Publication document from the Commonwealth of Massachusetts Department of Environmental Quality Engineering, dated February 25, 1986.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the state submittals.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the State submittal.</P> <P>(75) [Reserved]</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Amendment to Regulation 310 CMR 7.18(2)(e)—effective July 22, 1988.</P> <P>(B) Amendments to Regulation 310 CMR 7.18(17)(d)—effective July 22, 1988.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the state submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference. (A) Letters dated October 14, 1987 for the <PRTPAGE P="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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials. (A) Nonregulatory portions of the state submittal.</P> <P>(80) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 18, 1989.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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.</P> <P>(81) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Quality Engineering on July 18, 1989.</P> <P>(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.</P> <P>(B) RACT Approval Addendum for Cranston Print Works Company, Webster Division Facility in Webster, Massachusetts dated and effective June 20, 1989.</P> <P>(ii) Additional materials. Nonregulatory portions of the State submittal.</P> <P>(82) Revision to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection August 8, 1989.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated August 8, 1989 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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 <PRTPAGE P="60"/>reasonably available control technology on Duro Textile Printers, Incorporated in Fall River, Massachusetts.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) <E T="03">Incorporation by reference.</E> </P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated August 27, 1982, submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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.”</P> <P>(ii) <E T="03">Additional materials.</E> </P> <P>(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.</P> <P>(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.</P> <P>(C) Nonregulatory portions of the submittal.</P> <P>(85) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 28, 1989.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials. (A) Nonregulatory portions of the State submittal.</P> <P>(86) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 28, 1989.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials. (A) Nonregulatory portions of the State submittal.</P> <P>(87) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 20, 1989.</P> <P>(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.</P> <P>(B) 2nd Amendment to the Final Approval/RACT Approval for the Philips Lighting Company dated November 2, 1989.</P> <P>(ii) Additional materials. (A) Nonregulatory portions of the State submittal.</P> <P>(88) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 13, 1990.</P> <P>(i) <E T="03">Incorporation by reference.</E> (A) Letter from the Massachusetts Department of Environmental Protection dated June 13, 1990 submitting a revision to the Massachusetts State Implementation Plan.<PRTPAGE P="61"/> </P> <P>(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.</P> <P>(ii) <E T="03">Additional materials.</E> (A) Nonregulatory portions of the State submittal.</P> <P>(89) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 9, 1990.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated July 9, 1990 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(B) An Amended Plan Approval dated and effective June 8, 1990 imposing reasonably available control technology on General Motors Corporation in Framingham, Massachusetts.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the State submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated October 25, 1990 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(B) A conditional final plan approval issued by the Massachusetts Department of Environmental Protection to Erving Paper Mills dated and effective October 16, 1990.</P> <P>(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.</P> <P>(i) <E T="03">Incorporation by reference.</E> (A) Letter from the Massachusetts Department of Environmental Protection dated April 22, 1991 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(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.</P> <P>(B) Nonregulatory portions of state submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and effective on September 16, 1982.<PRTPAGE P="62"/> </P> <P>(C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985 and effective on September 30, 1984.</P> <P>(D) Amendments to portions of 310 CMR 7.00 submitted on August 17, 1989 and effective September 15, 1989.</P> <P>(E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 and effective on April 12, 1991.</P> <P>(F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 and effective on June 21, 1991.</P> <P>(ii) Additional materials.</P> <P>(A) A letter from the Massachusetts Department of Environmental Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00: Appendix B.</P> <P>(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).</P> <P>(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.</P> <P>(D) Nonregulatory portions of state submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Appendix 5D, Baseline and Future Case CO Compliance Modeling, dated June 1986.</P> <P>(B) Policy Statement Regarding the Proposed Amendment to the Logan Airport Parking Freeze, dated November 14, 1988.</P> <P>(95) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection of May 15, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated May 15, 1992 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(B) Final Plan Approval No. 4P89051, dated and effective May 13, 1991 imposing reasonably available control technology on Dartmouth Finishing Corporation, New Bedford, Massachusetts.</P> <P>(96) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 30, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated January 30, 1991 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.<PRTPAGE P="63"/> </P> <P>(C) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the Commonwealth of Massachusetts on October 27, 1989.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(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.</P> <P>(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.</P> <P>(C) Nonregulatory portions of the submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the State of Massachusetts on February 12, 1993.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated August 26, 1992 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(B) Final Air Quality Approval RACT issued to S. Bent by the Massachusetts Department of Environmental Protection dated and effective May 22, 1992.</P> <P>(ii) Additional materials</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated November 3, 1990 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(B) Final Air Quality Approval RACT issued to S. Bent by the Massachusetts Department of Environmental Protection dated and effective October 17, 1990.</P> <P>(C) Nonregulatory portions of the November 3, 1990 and August 26, 1992 state submittals.</P> <P>(100) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 19, 1993.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated July 19, 1993 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Letter dated October 27, 1993 from Massachusetts Department of Environmental Protection submitting certification of a public hearing.</P> <P>(101) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 9, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated December 9, 1991 submitting <PRTPAGE P="64"/>a revision to the Massachusetts State Implementation Plan.</P> <P>(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.</P> <P>(102)[Reserved]</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) A regulation dated and effective January 31, 1992, entitled “U Low Emission Vehicle Program”, 310 CMR 7.40.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Additional nonregulatory portions of the submittal.</P> <P>(104) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on March 31, 1994.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated March 31, 1994 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(105) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 6, 1994.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated June 6, 1994 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(B) 310 CMR 7.02(12) “U Restricted Emission Status” effective in the Commonwealth of Massachusetts on February 25, 1994.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the submittal.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection, dated June 28, 1990, submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(B) Letter from the Massachusetts Department of Environmental Protection, dated September 30, 1992, submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(C) Letter from the Massachusetts Department of Environmental Protection, dated July 15, 1994, submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(D) Regulation 310 CMR 7.12 entitled “Inspection Certification Record Keeping and Reporting” which became effective on July 1, 1994.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of submittal.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of submittal.</P> <P>(107) Massachusetts submitted the Oxygenated Gasoline Program on October 29, 1993. This submittal satisfies the <PRTPAGE P="65"/>requirements of section 211(m) of the Clean Air Act, as amended.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(A) The Technical Support Document for the Redesignation of the Boston Area as Attainment for Carbon Monoxide submitted on December 12, 1994.</P> <P>(108) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 9, 1995.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated January 9, 1995 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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 <E T="03">U Best Available Controls for Consumer and Commercial Products.</E> </P> <P>(109) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 9, 1995.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection, dated January 9, 1995, submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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.</P> <P>(110)[Reserved]</P> <P>(111) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 30, 1993.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated July 30, 1993 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional materials.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Massachusetts PAMS Network Plan, which incorporates PAMS into <PRTPAGE P="66"/>the ambient air quality monitoring network of State or Local Air Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).</P> <P>(ii) Additional material.</P> <P>(A) Letter from the Massachusetts Department of Environmental Protection dated December 30, 1993 submitting a revision to the Massachusetts State Implementation Plan.</P> <P>(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.</P> <P>(i) The conditions for approvability are as follows:</P> <P>(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.</P> <P>(B) Other major deficiencies as described in the proposal must also be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), § 51.354 (Adequate Tools and Resources), § 51.357 (Test Procedures and Standards), § 51.359 (Quality Control), and § 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.</P> <P>(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:</P> <P>(A) The SIP lacks a detailed description of the program evaluation element as required under 40 CFR 51.353;</P> <P>(B) The SIP lacks a detailed description of the test frequency and convenience element required under 40 CFR 51.355;</P> <P>(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;</P> <P>(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.</P> <P>(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;</P> <P>(F) The SIP lacks a detailed description of procedures for enforcement against contractors, stations and inspectors as required under 40 CFR 51.364;</P> <P>(G) The SIP lacks a detailed description of data analysis and reporting provisions as required under 40 CFR 51.366;</P> <P>(H) The SIP lacks a public awareness plan as required by 40 CFR 51.368; and</P> <P>(I) The SIP lacks provisions for notifying motorists of required recalls prior to inspection of the vehicle as required by 40 CFR 51.370.</P> <P>(iii) EPA is also approving this SIP revision under section 110(k), for its strengthening effect on the plan.</P> <CITA>[37 FR 10871, May 31, 1972]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1120, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <PRTPAGE P="67"/> <SECTNO>§ 52.1121</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Massachusetts plan was evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Ozone</CHED> </BOXHD> <ROW> <ENT I="01">Metropolitan Boston Intrastate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>I</ENT> <ENT>I</ENT> </ROW> <ROW> <ENT I="01">Merrimack Valley-Southern New Hampshire Interstate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Metropolitan Providence Interstate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Central Massachusetts Intrastate</ENT> <ENT>I</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Hartford-New Haven-Springfield Interstate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>I</ENT> <ENT>I</ENT> </ROW> <ROW> <ENT I="01">Berkshire Intrastate</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 61303, Sept. 16, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1122</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1123</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>(a) With the exceptions set forth in this subpart the Administrator approves the Massachusetts plan as identified in § 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 § 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.</P> <P>(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.</P> <CITA>[45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1124</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <P>(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 § 51.161.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1125</SECTNO> <SUBJECT>Emission inventories.</SUBJECT> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="68"/>State. Both areas are classified as serious ozone nonattainment areas.</P> <CITA>[62 FR 37514, July 14, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1126</SECTNO> <SUBJECT>Control strategy: Sulfur oxides.</SUBJECT> <P>(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 § 52.1125 for compliance schedule approvals and disapprovals pertaining to one or more of the sources listed below.)</P> <GPOTABLE CDEF="s25,r25,7,r25" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Source</CHED> <CHED H="1">Location</CHED> <CHED H="1">Regulation involved</CHED> <CHED H="1">Date of adoption</CHED> </BOXHD> <ROW> <ENT I="01">Deerfield Specialty Papers, Inc</ENT> <ENT>Monroe Bridge</ENT> <ENT>5.1.2</ENT> <ENT>Oct. 17, 1972.</ENT> </ROW> <ROW> <ENT I="01">Hollingsworth & Vose Co</ENT> <ENT>East Walpole</ENT> <ENT>5.1.2</ENT> <ENT>June 29, 1972.</ENT> </ROW> <ROW> <ENT I="01">Pepperell Paper Co</ENT> <ENT>Pepperell</ENT> <ENT>5.1.2</ENT> <ENT>Nov. 29, 1972.</ENT> </ROW> <ROW> <ENT I="01">Stevens Paper Mills, Inc</ENT> <ENT>Westfield and South Hadley</ENT> <ENT>5.1.2</ENT> <ENT>July 27, 1972.</ENT> </ROW> <ROW> <ENT I="01">Tileston and Hollingsworth Co</ENT> <ENT>Hyde Park </ENT> <ENT>5.1.1</ENT> <ENT>Nov. 21, 1972.</ENT> </ROW> <ROW> <ENT I="01">All sources in Berkshire APCD </ENT> <ENT/> <ENT>5.1.2</ENT> <ENT>Do.</ENT> </ROW> </GPOTABLE> <P>(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.) </P> <EXTRACT> <FP SOURCE="FP-1">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.</FP> <HD SOURCE="HD2">Pioneer Valley APCD</HD> <FP SOURCE="FP-1">Belchertown State School, Belchertown</FP> <FP SOURCE="FP-1">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.)</FP> <FP SOURCE="FP-1">Massachusetts Mutual Life Insurance Company, Springfield.</FP> <FP SOURCE="FP-1">Northampton State Hospital, Northampton.</FP> <FP SOURCE="FP-1">Springfield Technical Community College, Springfield.</FP> <FP SOURCE="FP-1">Stanley Home Products, Easthampton.</FP> <FP SOURCE="FP-1">Stevens Elastomeric Industries, Easthampton.</FP> <FP SOURCE="FP-1">Ware Industries, Ware.</FP> <FP SOURCE="FP-1">Westfield State College, Westfield.</FP> <FP SOURCE="FP-1">Westover Air Force Base (Building 1411), Chicopee.</FP> <FP SOURCE="FP-1">University of Massachusetts, Amherst.</FP> <FP SOURCE="FP-1">Mount Tom Generating Station, Holyoke.</FP> </EXTRACT> <P>(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: </P> <EXTRACT> <FP SOURCE="FP-1">Strathmore Paper Co., Montague.</FP> </EXTRACT> <P>(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). </P> <EXTRACT> <FP SOURCE="FP-1">American Optical Company, Southbridge, Wyman Gordon Company, Grafton, James <PRTPAGE P="69"/>River—Massachusetts Inc., Fitchburg, Fitchburg Paper Company, Fitchburg (only boilers which emit through the 55 meter stack).</FP> <HD SOURCE="HD2">Central Massachusetts APCD</HD> <FP SOURCE="FP-1">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.).</FP> <FP SOURCE="FP-1">Gardner State Hospital, Gardner.</FP> <FP SOURCE="FP-1">Grafton State Hospital, Grafton.</FP> <FP SOURCE="FP-1">Haywood-Shuster Woolen, E. Douglas.</FP> <FP SOURCE="FP-1">Cranston Prints Works, Webster.</FP> <FP SOURCE="FP-1">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.).</FP> </EXTRACT> <P>(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.) </P> <EXTRACT> <FP SOURCE="FP-1">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.</FP> <HD SOURCE="HD2">Southeastern Massachusetts APCD</HD> <FP SOURCE="FP-1">L&O Realty Trust, Taunton.</FP> <FP SOURCE="FP-1">New Bedford Gas and Electric, New Bedford.</FP> <FP SOURCE="FP-1">Texas Instruments, Attleboro.</FP> <FP SOURCE="FP-1">Arkwright Finishing Incorporated, Fall River.</FP> <FP SOURCE="FP-1">Foster Forbes Glass Company, Milford.</FP> <FP SOURCE="FP-1">Owens Illinois Inc., Mansfield.</FP> <FP SOURCE="FP-1">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.)</FP> <FP SOURCE="FP-1">Polaroid Corporation, New Bedford.</FP> </EXTRACT> <P>(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). </P> <EXTRACT> <FP SOURCE="FP-1">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.</FP> </EXTRACT> <P>(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).</P> <HD SOURCE="HD2">Metropolitan Boston APCD</HD> <EXTRACT> <FP SOURCE="FP-1">General Motors, Framingham.</FP> <FP SOURCE="FP-1">Polaroid Corporation, Norwood.</FP> <FP SOURCE="FP-1">Bird and Son, East Walpole.</FP> <FP SOURCE="FP-1">Massachusetts Correctional Institute, South Walpole.</FP> <FP SOURCE="FP-1">Bridgewater State College, Bridgewater.</FP> <FP SOURCE="FP-1">Hanscom Field, Bedford.</FP> <FP SOURCE="FP-1">Wellesley College, Wellesley.</FP> <FP SOURCE="FP-1">National Tanning and Trading, Peabody.</FP> <FP SOURCE="FP-1">General Tire, Reading.<PRTPAGE P="70"/> </FP> <FP SOURCE="FP-1">General Food Corporation, Atlantic Gelatin, Woburn.</FP> <FP SOURCE="FP-1">Massachusetts Correctional Institute, Bridge-water.</FP> <FP SOURCE="FP-1">W. R. Grace, Acton.</FP> <FP SOURCE="FP-1">Massachusetts Correctional Institute, Concord.</FP> <FP SOURCE="FP-1">Danvers State Hospital, Danvers.</FP> <FP SOURCE="FP-1">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.</FP> <FP SOURCE="FP-1">Procter and Gamble Company, Quincy.</FP> <FP SOURCE="FP-1">Natick Paperboard Corporation, Natick.</FP> </EXTRACT> <CITA>[38 FR 9089, Apr. 10, 1973] </CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P> For <E T="04">Federal Register</E> citations affecting § 52.1126, see the List of CFR Sections Affected in the Finding Aids section of this volume. </P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 52.1127</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <P>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.</P> <GPOTABLE CDEF="s110,8,8,8,8,8,8,8" COLS="8" OPTS="L2"> <BOXHD> <CHED H="1">Nonattainment areas</CHED> <CHED H="1">TSP</CHED> <CHED H="2">Primary</CHED> <CHED H="2">Secondary</CHED> <CHED H="1">SO<E T="22">2</E> </CHED> <CHED H="2">Primary</CHED> <CHED H="2">Secondary</CHED> <CHED H="1">NO<E T="22">2</E> </CHED> <CHED H="1">CO</CHED> <CHED H="1">O<E T="22">3</E> </CHED> </BOXHD> <ROW> <ENT I="11">Metropolitan Boston:</ENT> </ROW> <ROW> <ENT I="02">Intrastate</ENT> <ENT/> <ENT/> <ENT>c</ENT> <ENT>g</ENT> <ENT>b</ENT> <ENT/> <ENT>h</ENT> </ROW> <ROW> <ENT I="02">Boston</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>h</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Danvers</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Cambridge</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT>h</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Framingham</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Lynn</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Marblehead</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Norwood</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Medford</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT>h</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Peabody</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Quincy</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT>h</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Revere</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Swampscott</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Waltham</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT>h</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Remainder AQCR</ENT> <ENT>a</ENT> <ENT>b</ENT> <ENT/> <ENT/> <ENT/> <ENT>b</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Merrimack Valley-Southern:</ENT> </ROW> <ROW> <ENT I="02">NH Interstate</ENT> <ENT/> <ENT/> <ENT>c</ENT> <ENT>c</ENT> <ENT>b</ENT> <ENT/> <ENT>h</ENT> </ROW> <ROW> <ENT I="02">Lowell</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> <ENT>h</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Haverhill</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Lawrence</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Remainder AQCR</ENT> <ENT>a</ENT> <ENT>b</ENT> <ENT/> <ENT/> <ENT/> <ENT>b</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Metropolitan Providence:</ENT> </ROW> <ROW> <ENT I="02">Interstate</ENT> <ENT/> <ENT/> <ENT>c</ENT> <ENT>c</ENT> <ENT>b</ENT> <ENT>b</ENT> <ENT>h</ENT> </ROW> <ROW> <ENT I="01">Fall River</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Remainder of AQCR</ENT> <ENT>a</ENT> <ENT>b</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="01">Central Mass Intrastate</ENT> <ENT/> <ENT/> <ENT>a</ENT> <ENT>c</ENT> <ENT>b</ENT> <ENT/> <ENT>h</ENT> </ROW> <ROW> <ENT I="02">Worcester</ENT> <ENT>f</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT>h</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Athol</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Fitchburg</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Remainder of AQCR</ENT> <ENT>a</ENT> <ENT>b</ENT> <ENT/> <ENT/> <ENT/> <ENT>b</ENT> <ENT/> </ROW> <ROW> <ENT I="11">Hartford-New Haven Springfield:</ENT> </ROW> <ROW> <ENT I="02">Interstate</ENT> <ENT/> <ENT/> <ENT>a</ENT> <ENT>c</ENT> <ENT>b</ENT> <ENT/> <ENT>h</ENT> </ROW> <ROW> <ENT I="02">Springfield</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT>h</ENT> <ENT/> </ROW> <ROW> <ENT I="02">Remainder AQCR</ENT> <ENT>a</ENT> <ENT>b</ENT> <ENT/> <ENT/> <ENT/> <ENT>b</ENT> <ENT/> </ROW> <ROW> <ENT I="01">Berkshire Intrastate</ENT> <ENT/> <ENT/> <ENT>a</ENT> <ENT>b</ENT> <ENT>b</ENT> <ENT>b</ENT> <ENT>h</ENT> </ROW> <ROW> <ENT I="02">Adams</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">North Adams</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Pittsfield</ENT> <ENT>a</ENT> <ENT>g</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="02">Remainder AQCR</ENT> <ENT>a</ENT> <ENT>b</ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <TNOTE> <E T="04">Note:</E> 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.</TNOTE> <TNOTE>a. Air quality levels presently below primary standards or area is unclassifiable.</TNOTE> <TNOTE>b. Air quality levels presently below secondary standards or area is unclassifiable.</TNOTE> <TNOTE>c. May 31, 1975.</TNOTE> <TNOTE>d. August 1, 1978.</TNOTE> <TNOTE>e. May 31, 1977.</TNOTE> <TNOTE>f. January 1, 1979.</TNOTE> <TNOTE>g. 18-month extension for plan submittal granted, attainment date not yet proposed.</TNOTE> <TNOTE>h. December 31, 1987.</TNOTE> <PRTPAGE P="71"/> <TNOTE>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).</TNOTE> </GPOTABLE> <CITA TYPE="W">[45 FR 61303, Sept. 16, 1980; 46 FR 33524, June 30, 1981]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1128</SECTNO> <SUBJECT>Transportation and land use controls.</SUBJECT> <P>(a) For purposes of this subpart, the definitions herein are applicable.</P> <P>(b) Definitions:</P> <P>(1) <E T="03">Register</E> 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.</P> <P>(2) <E T="03">Boston Intrastate Region</E> means the Metropolitan Boston Intrastate Air Quality Control Region, as defined in § 81.19 of this part.</P> <P>(3) [Reserved]</P> <P>(4) <E T="03">Freeze area</E> means that portion of the Boston Intrastate Region enclosed within the following boundaries:</P> <P>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.</P> <P>(5) <E T="03">Boston proper</E> 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.</P> <P>(6) <E T="03">Regional Administrator</E> means the Administrator of Region I of the U.S. Environmental Protection Agency.</P> <P>(7) <E T="03">Governor</E> 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.</P> <P>(8) <E T="03">Commonwealth</E> means the Commonwealth of Massachusetts.</P> <CITA>[40 FR 25161, June 12, 1975]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1129—52.1130</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1131</SECTNO> <SUBJECT>Control strategy: Particulate matter.</SUBJECT> <P>(a) Revisions to the following regulations submitted on March 30, 1979 are disapproved:</P> <P>(1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than 250 million Btu/hr input burning solid fuel.</P> <P>(2) Regulation 310 CMR 7.02(9), Table 5.</P> <CITA>[45 FR 2044, Jan. 10, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1132</SECTNO> <SUBJECT>Control strategy: Carbon Monoxide.</SUBJECT> <P>(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.<PRTPAGE P="72"/> </P> <P>(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.</P> <CITA>[61 FR 2923, Jan. 30, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1133</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1134</SECTNO> <SUBJECT>Regulation limiting on-street parking by commuters.</SUBJECT> <P>(a) <E T="03">On-street parking</E> 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.</P> <P>(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<FR>2/3</FR> percent by September 1, 1976; and 100 percent by March 1, 1977. The City of Cambridge shall at a minimum eliminate 33<FR>1/3</FR> percent of on-street parking during the hours specified by September 30, 1974; 66<FR>2/3</FR> percent by July 1, 1975; and 100 percent by March 1, 1977. Any other affected entity shall at a minimum eliminate 33<FR>1/3</FR> percent of such parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 66<FR>2/3</FR> percent by September 1, 1976, and 100 percent by March 1, 1977.</P> <P>(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:</P> <P>(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;</P> <P>(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;</P> <P>(3) Vehicles owned and operated by handicapped persons with HP license plates; and</P> <P>(4) Vehicles registered as “commercial vehicles” by the Commonwealth and displaying appropriate license plates.<PRTPAGE P="73"/> </P> <P>(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.</P> <P>(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:</P> <P>(1) Designation of one or more agencies responsible for the administration and enforcement of the program;</P> <P>(2) The procedures by which the designated agency will enforce the prohibition provided for in paragraphs (b) and (d) of this section;</P> <P>(3) The procedures by which vehicles exempt from the requirements of this section will be marked; and</P> <P>(4) A map showing which streets will be subject to the ban according to the schedule of implementation.</P> <P>(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.</P> <P>(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.</P> <CITA>[40 FR 25162, June 12, 1975] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1135</SECTNO> <SUBJECT>Regulation for parking freeze.</SUBJECT> <P>(a) Definitions:</P> <P>(1) The phrase <E T="03">to commence construction</E> 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.</P> <P>(2) The phrase <E T="03">to commence modification</E> 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.</P> <P>(3) The phrase <E T="03">commercial parking space</E> means a space used for parking a vehicle in a commercial parking facility.</P> <P>(4) [Reserved]</P> <P>(5) <E T="03">Commercial parking facility</E> (also called <E T="03">facility</E>) 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.</P> <P>(6) <E T="03">Freeze</E> 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; <E T="03">Provided,</E> 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 <PRTPAGE P="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.</P> <P>(b) [Reserved]</P> <P>(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.</P> <P>(d) [Reserved]</P> <P>(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.</P> <P>(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:</P> <P>(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:</P> <P>(i) The location of the facility; and</P> <P>(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.</P> <P>(2) Criteria for issuance of permits have been established and published. Such criteria shall include, but not be limited to:</P> <P>(i) Full consideration of all facts contained in the application.</P> <P>(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.</P> <P>(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.</P> <P>(g)-(l) [Reserved]</P> <P>(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 <PRTPAGE P="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.</P> <P>(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 § 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.</P> <P>(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:</P> <P>(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;</P> <P>(2) The number of commercial parking spaces available for use as of the June 30 prior to the date of the report;</P> <P>(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</P> <P>(4) The location and capacity of any park-and-ride facility designated under paragraph (p) of this section.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <CITA>[40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug. 29, 1975]</CITA> </SECTION> <SECTION> <PRTPAGE P="76"/> <SECTNO>§§ 52.1136—52.1144</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1145</SECTNO> <SUBJECT>Regulation on organic solvent use.</SUBJECT> <P>(a) Definitions:</P> <P>(1) <E T="03">Organic solvents</E> 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° 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° F.</P> <P>(2) <E T="03">Solvent of high photochemical reactivity</E> 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:</P> <P>(i) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an olefinic or cy-cloole-finic type of unsaturation: 5 percent;</P> <P>(ii) A combination of aromatic compounds with eight or more carbon atoms to the molecule except ethyl-ben-zene: 8 percent;</P> <P>(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.</P> <P>(3) <E T="03">Organic materials</E> are chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates, and ammonium carbonate.</P> <P>(b) This section is applicable throughout the Boston Intrastate Region. The requirements of this section shall be in effect in accordance with § 52.1147.</P> <P>(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 proc-essing 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.</P> <P>(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 proc-essing 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.</P> <P>(e) Emissions of organic materials to the atmosphere from the clean-up with <PRTPAGE P="77"/>a solvent of high photochemical reactivity, or any article, machine, equipment, or other contriv-ance 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.</P> <P>(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.</P> <P>(g) Emissions of organic materials into the atmosphere required to be controlled by paragraph (c) or (d) of this section shall be reduced by:</P> <P>(1) Incineration, provided that 90 percent or more of the carbon in the organic material being incinerated is converted to carbon dioxide, or</P> <P>(2) Adsorption, or</P> <P>(3) The use of other abatement control equipment determined by the Regional Administrator to be no less effective than either of the above methods.</P> <P>(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.</P> <P>(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.</P> <P>(j) The provisions of this rule shall not apply to:</P> <P>(1) The manufacture of organic solvents, or the transport or storage of organic solvents or materials containing organic solvents.</P> <P>(2) The spraying or other use of insecticides, pesticides, or herbicides.</P> <P>(3) The employment, application, evaporation, or drying of saturated hal-ogenated hydrocarbons or perchlo-roethylene.</P> <P>(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:</P> <P>(i) The volatile content of such material consists only of water, and organic solvents;</P> <P>(ii) The organic solvents comprise not more than 30 percent by volume of said volatile content;</P> <P>(iii) The volatile content is not a solvent of high photochemical reactivity as defined in paragraph (a) of this section; and</P> <P>(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.</P> <P>(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:</P> <P>(i) The organic solvent content of such material does not exceed 30 percent by volume of said material;</P> <P>(ii) The volatile content is not a solvent of high photochemical reactivity; and</P> <P>(iii) [Reserved]</P> <P>(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.</P> <P>(6) [Reserved]</P> <P>(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—</P> <P>(i) The exemption is approved in writing by the Regional Administrator;</P> <P>(ii) The operator of said article, machine, equipment or contrivance is not <PRTPAGE P="78"/>an integral part of the production process; and</P> <P>(iii) The emissions from said article, machine, equipment or other contriv-ance do not exceed 800 lbs. in any calendar month.</P> <P>(8) Sources subject to the provisions of Massachusetts Regulation 310 CMR 7.18 which has been federally approved.</P> <P>(k) [Reserved]</P> <P>(l) All determinations of emission rates shall be conducted in a manner approved in writing by the Regional Administrator.</P> <CITA>[40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1146</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1147</SECTNO> <SUBJECT>Federal compliance schedules.</SUBJECT> <P>(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 § 52.1144 and § 52.1145 shall comply with the increments of progress contained in the following schedule:</P> <P>(1) Final control plans for emission control systems or process modifications must be submitted on or before June 1, 1974, for sources subject to § 52.1144(c)(1) and on or before May 1, 1974 for sources subject to § 52.1145.</P> <P>(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 § 52.1144(c)(1) and on or before July 1, 1974, for sources subject to § 52.1145.</P> <P>(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 § 52.1144(c)(1) and on or before August 15, 1974, for sources subject to § 52.1145.</P> <P>(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 § 52.1144, the applicable date shall be February 1, 1976.</P> <P>(5) Final compliance is to be achieved prior to May 31, 1975, except for sources subject to paragraph (c)(1) of § 52.1144 of this subpart. Final compliance for sources subject to paragraph (c)(1) of § 52.1144 is to be achieved by June 1, 1976.</P> <P>(i) Facilities subject to paragraph (c)(1)(iii) of § 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.</P> <P>(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.</P> <P>(7) Any gasoline dispensing facility subject to paragraph (c)(1) of § 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.</P> <P>(b) Except as provided in paragraph (d) of this section, the owner or operator of a source subject to paragraph (d)(1) of § 52.1144 shall comply with the increments of progress contained in the following compliance schedule:</P> <P>(1) Final control plans for emission control systems or process modifications must be submitted prior to January 1, 1975.</P> <P>(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.</P> <P>(3) Initiation of on-site construction or installation of emission control equipment or process modification must begin not later than May 1, 1975.</P> <P>(4) On-site construction or installation of emission control equipment or process modification must be completed prior to May 1, 1977.<PRTPAGE P="79"/> </P> <P>(5) Federal compliance is to be achieved prior to May 31, 1977.</P> <P>(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.</P> <P>(7) Any gasoline dispensing facility subject to paragraph (d)(1) of § 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.</P> <P>(c) Paragraph (a) of this section shall not apply:</P> <P>(1) To a source which is presently in compliance with all requirements of paragraph (c)(1) of § 52.1144 and § 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.</P> <P>(2) To a source for which a compliance schedule is adopted by the Commonwealth and approved by the Administrator.</P> <P>(3) To a source subject to § 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.</P> <P>(4) To a source subject to § 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.</P> <P>(d) Paragraph (b) of this section shall not apply:</P> <P>(1) To a source which is presently in compliance with paragraph (d)(1) of § 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.</P> <P>(2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator.</P> <P>(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.</P> <P>(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).</P> <CITA>[38 FR 30970, Nov. 8, 1973]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Notes:</HD> <P>(1) For <E T="04">Federal Register</E> citations affecting § 52.1147, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> <EXTRACT> <P>(2) The compliance dates given in paragraphs (b) (1) through (3) of § 52.1147 were deferred indefinitely at 40 FR 1127, Jan. 6, 1975.</P> </EXTRACT> </SECTION> <SECTION> <SECTNO>§§ 52.1148—52.1159</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1160</SECTNO> <SUBJECT>Requirements for state implementation plan revisions relating to new motor vehicles.</SUBJECT> <P>Massachusetts’ adopted LEV program must be revised to the extent necessary for the state to comply with all aspects of the requirements of § 51.120.</P> <CITA>[60 FR 4737, Jan. 24, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1161</SECTNO> <SUBJECT>Incentives for reduction in single-passenger commuter vehicle use.</SUBJECT> <P>(a) Definitions:</P> <P>(1) <E T="03">Employer</E> 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.<PRTPAGE P="80"/> </P> <P>(2) <E T="03">Educational institution</E> 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.</P> <P>(3) <E T="03">Employee</E> 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.</P> <P>(4) <E T="03">Student</E> 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.</P> <P>(5) <E T="03">Affected facility</E> 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.</P> <P>(6) <E T="03">Commuter</E> means both an <E T="03">employee</E> and a <E T="03">student</E>.</P> <P>(7) <E T="03">Single-passenger commuter vehicle</E> 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.</P> <P>(8) <E T="03">Base date</E> 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.</P> <P>(9) <E T="03">The Secretary</E> means the Secretary of Transportation and Construction of the Commonwealth of Massachusetts.</P> <P>(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):</P> <P>(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.</P> <P>(2)-(8) [Reserved]</P> <CITA>[40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982; 41 FR 10223, Mar. 10, 1976] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1162</SECTNO> <SUBJECT>Regulation for bicycle use.</SUBJECT> <P>(a) Definitions:</P> <P>(1) <E T="03">Bicycle</E> means a two-wheel non-mo-tor-powered vehicle.</P> <P>(2) <E T="03">Bike path</E> means a route for the exclusive use of bicycles separated by grade or other physical barrier from motor traffic.</P> <P>(3) <E T="03">Bike lane</E> means a street lane restricted to bicycles and so designated by means of painted lanes, pavement coloring or other appropriate markings. A <E T="03">peak hour</E> bike lane means a bike lane effective only during times of heaviest auto commuter traffic.</P> <P>(4) <E T="03">Bike route</E> means a route in which bicycles share road space with motorized vehicles.</P> <P>(5) <E T="03">Bikeway</E> means bike paths, bike lanes and bike routes.</P> <P>(6) <E T="03">Bicycle parking facility</E> 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.</P> <P>(7) <E T="03">Parking facility</E> means a lot, garage, building, or portion thereof in or of which motor vehicles are temporarily parked.</P> <P>(8) <E T="03">Parking space</E> means the area allocated by a parking facility for the temporary storage of one automobile.</P> <P>(9) <E T="03">MBTA</E> means the Massachusetts Bay Transportation Authority.</P> <P>(b) <E T="03">Application.</E> This section shall be applicable in the Boston Intrastate Region.</P> <P>(c) <E T="03">Study.</E> The Commonwealth, according to the schedule set forth in paragraph (d) of this section, shall conduct a comprehensive study of, and in <PRTPAGE P="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:</P> <P>(1) The physical design for bikeways, intersections involving bikeways, and means of bicycle link-ups with other modes of transportation;</P> <P>(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;</P> <P>(3) The location of bicycle parking facilities, including bus stops;</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(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;</P> <P>(8) The creation of roadway zones in which all vehicles, except mass transit, emergency and service vehicles, and bicycles, would be excluded;</P> <P>(9) Requiring or providing incentives for office buildings and employers to install and to provide free shower and locker facilities for cyclists;</P> <P>(10) A bicycle user and potential user survey, which shall at a minimum determine:</P> <P>(i) For present bicycle riders, the origin, destination, frequency, travel time, distance and purpose of bicycle trips;</P> <P>(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;</P> <P>(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;</P> <P>(12) The conversion of railroad beds, power lines, flood control channels or similar corridors to bikepaths;</P> <P>(13) Removing barriers to employees bringing their bicycles into their offices;</P> <P>(14) Removal or alteration of drain grates with bars so placed as to catch bicycle wheels;</P> <P>(15) Bicycle rentals at appropriate locations; and</P> <P>(16) The feasibility of constructing bikeways along at least each of the corridors set forth in paragraph (g) of this section.</P> <FP>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 <PRTPAGE P="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.</FP> <P>(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:</P> <P>(1) Designation of the agency responsible for conducting the study;</P> <P>(2) A date for initiation of the study, which date shall be no later than October 1, 1975; and</P> <P>(3) A date for completion of the study, and submittal thereof to the Administrator, which date shall be no later than June 30, 1976.</P> <P>(e) On or before September 1, 1976, the Administrator shall publish in the <E T="04">Federal Register</E> 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.</P> <P>(f) <E T="03">Permanent bicycle facilities.</E> 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.</P> <P>(g) The potential bikeway corridors to be studied pursuant to paragraph (c)(16) are as follows:</P> <P>(1) Central Square, Cambridge to Boston University;</P> <P>(2) Harvard Square, Cambridge to Union Square, Allston;</P> <P>(3) Union Square, Somerville to Central Square, Cambridge;</P> <P>(4) Union Square, Allston to Government Center;</P> <P>(5) Harvard Square, Cambridge to Government Center;</P> <P>(6) Brookline Village to Government Center;</P> <P>(7) Boston University to Longwood Avenue Hospital Zone;</P> <P>(8) Egleston Square to Government Center;</P> <P>(9) Columbus Park to Boston Common;</P> <P>(10) L Street Beach to Government Center;</P> <P>(11) Powder House Circle, Somerville to Harvard Square;</P> <P>(12) Everett to Government Center;</P> <P>(13) Porter Square, Cambridge to Columbus Park, Boston;</P> <P>(14) Cleveland Circle to Government Center;</P> <P>(15) Porter Square, Cambridge to Government Center;</P> <P>(16) Harvard Square, Cambridge to Boston City Hospital; and</P> <P>(17) Charlestown, Longfellow, Harvard, Boston University, River Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.</P> <P>(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:</P> <P>(1) All stations of the Riverside portion of the Green Line;</P> <P>(2) Reasonably spaced stops on other portions of the Green Line;</P> <P>(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.<PRTPAGE P="83"/> </P> <P>(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.</P> <CITA>[40 FR 25168, June 12, 1975] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1163</SECTNO> <SUBJECT>Additional control measures for East Boston.</SUBJECT> <P>(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:</P> <P>(1) Incentives and programs for reductions in the use of single-passenger vehicles through the Callahan and Sumner Tunnels;</P> <P>(2) Alterations in traffic patterns in the tunnel area;</P> <P>(3) Use of exclusive lanes for buses, carpools, taxis and limousines during peak travel hours;</P> <P>(4) Reduction of parking spaces at Logan Airport and increased parking charges at remaining spaces;</P> <P>(5) Construction of satellite terminal facilities for Logan Airport;</P> <P>(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;</P> <P>(7) Improved transit service between the Blue Line subway stop and airline terminals at Logan Airport; and</P> <P>(8) Any other measures which would be likely to contribute to achieving the required reductions.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 § 52.1161. For the purpose of applying the requirements of § 52.1161 to the present paragraph:</P> <P>(1) The definitions in § 52.1161 shall apply;<PRTPAGE P="84"/> </P> <P>(2) Each employer with any employment facility at Logan Airport shall cooperate with Massport in the development and implementation of the program;</P> <P>(3) Any such employer (including Massport) may fulfill its obligations under paragraph (b)(7) of § 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</P> <P>(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.</P> <P>(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.</P> <CITA>[40 FR 25169, June 12, 1975]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1164</SECTNO> <SUBJECT>Localized high concentrations—carbon monoxide.</SUBJECT> <P>(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.</P> <P>(b) To accomplish the requirements of paragraph (a) of this section, the Commonwealth shall do the following:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(4) All measures called for in the plan submitted under paragraph (b)(3) of <PRTPAGE P="85"/>this section shall be subject to the approval of the Regional Administrator and shall be implemented by May 31, 1977.</P> <P>(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 § 52.1160.</P> <P>(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.</P> <CITA>[40 FR 25170, June 12, 1975]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1165</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <P>(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.</P> <P>(b) Regulation for preventing significant deterioration of air quality. The provisions of § 52.21 (b) through (v) are hereby incorporated and made a part of the applicable State plan for the State of Massachusetts.</P> <CITA>[43 FR 26410, June 19, 1978]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1166</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1167</SECTNO> <SUBJECT>EPA-approved Massachusetts State regulations.</SUBJECT> <P>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 § 52.1120. To the extent that this table conflicts with § 52.1120, § 52.1120 governs.<PRTPAGE P="86"/> </P> <GPOTABLE CDEF="xs50,r75,8,10,xl25,10,r75" COLS="7" OPTS="L2"> <TTITLE> <E T="04">Table</E> 52.1167—<E T="04">EPA-Approved Rules and Regulations</E> </TTITLE> <TDESC>[See <E T="04">Notes</E> at end of Table]</TDESC> <BOXHD> <CHED H="1">State citation</CHED> <CHED H="1">Title/subject</CHED> <CHED H="1">Date submitted by State</CHED> <CHED H="1">Date approved by EPA</CHED> <CHED H="1">Federal Register citation</CHED> <CHED H="1">52.1120(c)</CHED> <CHED H="1">Comments/unapproved sections</CHED> </BOXHD> <ROW> <ENT I="01">310 CMR 7.00 </ENT> <ENT>Definitions </ENT> <ENT>2/14/85 </ENT> <ENT>9/25/85 </ENT> <ENT>50 FR 38804 </ENT> <ENT>64 </ENT> <ENT>Motor vehicle fuel.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>2/21/86; 2/25/86; 6/23/86</ENT> <ENT>8/31/87</ENT> <ENT>52 FR 32792</ENT> <ENT>73</ENT> <ENT>Two new definitions and one amended definition.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Statutory authority; legend; preamble; definitions</ENT> <ENT>11/5/86; 12/10/86</ENT> <ENT>11/19/87</ENT> <ENT>52 FR 44395</ENT> <ENT>74</ENT> <ENT>Approving the addition of definitions for 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.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00</ENT> <ENT>Definitions</ENT> <ENT>7/18/88</ENT> <ENT>5/4/89</ENT> <ENT>54 FR 19184</ENT> <ENT>78</ENT> <ENT>Includes bulk plant and terminal, gasoline market.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00 </ENT> <ENT>Definitions </ENT> <ENT>1/30/91 </ENT> <ENT>10/8/92 </ENT> <ENT> 57 FR 46312 </ENT> <ENT>96 </ENT> <ENT>Definitions of no-build alternative, project area, project roadway, and tunnel ventilation system.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00 </ENT> <ENT>Definitions </ENT> <ENT>05/17/90, 06/07/91 </ENT> <ENT>12/14/92 </ENT> <ENT>57 FR 58996 </ENT> <ENT>97 </ENT> <ENT>Added “motor vehicle fuel,” “motor vehicle fuel dispensing facility,” “substantial modification,” and “vapor collection and control system.”</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00</ENT> <ENT>Definitions</ENT> <ENT>8/17/89; 6/7/91</ENT> <ENT>1/11/93 </ENT> <ENT>58 FR 3495 </ENT> <ENT>93</ENT> <ENT>Approving the 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.</ENT> </ROW> <ROW> <PRTPAGE P="87"/> <ENT I="01">310 CMR 7.00</ENT> <ENT>Definitions </ENT> <ENT>8/27/82, 6/22/87, 12/27/89 </ENT> <ENT>2/23/93 </ENT> <ENT>58 FR 10970 </ENT> <ENT>84 </ENT> <ENT>Approving the definitions of “stationary source” and “building, structure, facility, or installation.”</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00 </ENT> <ENT>Definitions </ENT> <ENT> 6/7/91 </ENT> <ENT>6/30/93 </ENT> <ENT>58 FR 34911 </ENT> <ENT>58 </ENT> <ENT>Definitions: Bulk plants, vapor balance systems.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00 </ENT> <ENT>Definitions </ENT> <ENT>12/9/91 </ENT> <ENT>10/4/94 </ENT> <ENT>59 FR 50498</ENT> <ENT>101 </ENT> <ENT>Definitions of baseline roadway conditions, high occupancy vehicle, high occupancy vehicle lane, peak hour, performance standard, and roadway threshold standard.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00</ENT> <ENT>Definitions</ENT> <ENT>11/15/93 <LI>05/11/94</LI> </ENT> <ENT>2/1/95</ENT> <ENT>60 FR 6030</ENT> <ENT>103</ENT> <ENT>Approving additional definitions for.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00</ENT> <ENT>Definitions</ENT> <ENT>7/30/93</ENT> <ENT>10/15/96</ENT> <ENT>61 FR 53632</ENT> <ENT>111</ENT> <ENT>Adding or amending the following definitions: motor vehicle parking space; off-peak parking spaces; remote parking spaces; and restricted use parking.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00 Appendix B (except 310 CMR 7.00 Appendix B(3)(e)5.h)</ENT> <ENT>Emissions Banking, Trading, and Averaging</ENT> <ENT>2/9/94<LI>3/29/95</LI> </ENT> <ENT>8/8/96</ENT> <ENT>61 FR 41338</ENT> <ENT>112</ENT> <ENT>Replaces earlier emissions averaging rules with emissions banking, trading, and averaging.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.00 and 7.02(12)(c)</ENT> <ENT O="xl"/> <ENT>2/14 and 5/22/85</ENT> <ENT>9/25/85</ENT> <ENT>50 FR 38806</ENT> <ENT>64</ENT> <ENT>Motor vehicle fuel tank trucks.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.02 </ENT> <ENT>Plans and approval and emission limitations </ENT> <ENT>4/27/72 </ENT> <ENT>10/28/72 </ENT> <ENT>37 FR 23085 </ENT> <ENT>2 </ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>8/28/72 </ENT> <ENT>10/28/72 </ENT> <ENT>37 FR 23085 </ENT> <ENT>4 </ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>5/27/82 <LI>9/9/82 </LI> </ENT> <ENT>1/10/84 </ENT> <ENT>49 FR 1187 </ENT> <ENT>60 </ENT> <ENT>7.02(2)(b)(4) and 7.02(2)(5) for new source review.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/3/85<LI>1/31/86</LI> <LI>2/11/86</LI> </ENT> <ENT>11/25/86</ENT> <ENT>51 FR 42564</ENT> <ENT>69</ENT> <ENT>Adds the word “major” before the word “modification” at 7.02(2)(b).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.02</ENT> <ENT>Plans and approval and emission limitation </ENT> <ENT/> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>11/21/86<LI>1/15/87</LI> </ENT> <ENT>3/10/89</ENT> <ENT>54 FR 10148</ENT> <ENT>72</ENT> <ENT>7.02(2)(b) 4, 5 and 6-new source review.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.02(11) </ENT> <ENT>Emission limitations for incinerators </ENT> <ENT>2/1/78 </ENT> <ENT>3/15/79 </ENT> <ENT>44 FR 15704 </ENT> <ENT>18 </ENT> <ENT>Adds an emission limitation for sewage sludge incinerators.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.02(12)</ENT> <ENT>U Organic Material </ENT> <ENT>8/17/89 </ENT> <ENT>1/11/93 </ENT> <ENT>58 FR 3495</ENT> <ENT>93</ENT> <ENT>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.</ENT> </ROW> <ROW> <ENT I="01">310CMR 7.02(12)</ENT> <ENT>U Restricted Emission Status</ENT> <ENT>6/6/94</ENT> <ENT>4/5/95</ENT> <ENT>60 FR 17229</ENT> <ENT>105</ENT> <ENT>This rule limits a source's potential to emit, therefore avoiding RACT, title V operating permits</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.02(12)(a)(b) </ENT> <ENT>Organic material, bulk plants and terminals handling organic material </ENT> <ENT>12/31/78 <LI>5/16/79 </LI> </ENT> <ENT>9/16/80 </ENT> <ENT>45 FR 61293 </ENT> <ENT>30 </ENT> <ENT/> </ROW> <ROW> <ENT I="01">310 CMR 7.02(12)(a)1e </ENT> <ENT>Gasoline liquid storage in external floating roof tanks </ENT> <ENT>12/2/83 </ENT> <ENT>3/8/84 </ENT> <ENT>49 FR 8611 </ENT> <ENT>56 </ENT> <ENT>Approved for secondary seals or equivalent weather roofs.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.02(12)(b)2 </ENT> <ENT>Stage I vapor recovery </ENT> <ENT>5/20/77 </ENT> <ENT>5/25/78 </ENT> <ENT>43 FR 22356 </ENT> <ENT>15 </ENT> <ENT>Provisions for Pioneer APCD Stage I vapor recovery.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/31/78 <LI>5/16/79 </LI> </ENT> <ENT>9/16/80 </ENT> <ENT>45 FR 61293 </ENT> <ENT>30 </ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>3/25/83 </ENT> <ENT>7/7/83 </ENT> <ENT>48 FR 31200 </ENT> <ENT>55 </ENT> <ENT>Exempt Berkshire APCD.</ENT> </ROW> <ROW> <PRTPAGE P="88"/> <ENT I="01">310 CMR 7.02(12)(b)3</ENT> <ENT>Stage I vapor recovery</ENT> <ENT>11/21/86 <LI>1/15/87</LI> </ENT> <ENT>3/10/89</ENT> <ENT>54 FR 10148</ENT> <ENT>72</ENT> <ENT>7.02(12)(b)3 is deleted.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.02(12) (c) and (d) </ENT> <ENT>Gasoline Tank Trucks </ENT> <ENT>2/14/85 <LI>5/22/85 </LI> </ENT> <ENT>9/25/85 </ENT> <ENT>50 FR 38804 </ENT> <ENT>64 </ENT> <ENT>Tank trucks.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.02(12)(d)</ENT> <ENT>Test Methods applicable to 310 CMR 7.02(12)</ENT> <ENT>11/21/86<LI>1/15/87</LI> </ENT> <ENT>3/10/89 </ENT> <ENT>54 FR 10148</ENT> <ENT>72</ENT> <ENT>Requires EPA approved test methods or EPA approved alternatives.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.02(12)(e)</ENT> <ENT>Gasoline Volatility</ENT> <ENT>7/18/88<LI>9/15/88</LI> <LI>4/12/89</LI> </ENT> <ENT>5/4/89</ENT> <ENT>54 FR 19184</ENT> <ENT>78</ENT> <ENT>Approves a limitation on volatility of gasoline from June 30 for Sept. 15, 1989, and May 1 to Sept. 15 in subsequent years.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.04(5) </ENT> <ENT>Fuel oil viscosity </ENT> <ENT>12/28/78 </ENT> <ENT>6/17/80 </ENT> <ENT>45 FR 40987 </ENT> <ENT>29 </ENT> <ENT>For Cambridge Electric Light Company's Kendal Station, and Blackstone Station.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/28/78 </ENT> <ENT>10/18/80 </ENT> <ENT>45 FR 48131 </ENT> <ENT>29 </ENT> <ENT>Correction notice.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.05</ENT> <ENT>Sulfur-in-fuel</ENT> <ENT>8/28/72</ENT> <ENT>10/28/72</ENT> <ENT>37 FR 23058</ENT> <ENT>4</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/5/78</ENT> <ENT>2/7/79</ENT> <ENT>44 FR 7712</ENT> <ENT>17</ENT> <ENT>Approves the burning of coal/oil slurry at New England Power Company, Salem Harbor Station, MA.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.05(1)(a)</ENT> <ENT>Sulfur content of fuels and control thereof for Berkshire APCD</ENT> <ENT>4/14/77</ENT> <ENT>3/24/78</ENT> <ENT>43 FR 12324</ENT> <ENT>13</ENT> <ENT>Approves the burning of 1% for all but: Crane and Company Inc., and Schweitzer Division, Kimberly Clark Corporation, Columbia Mill.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>4/14/77<LI>8/11/78</LI> <LI>8/31/78</LI> </ENT> <ENT>3/7/79</ENT> <ENT>44 FR 12422</ENT> <ENT>13</ENT> <ENT>Approves the burning of 2.2% at Crane & Co., Inc., and Schweitzer Division, Kimberly-Clark Corp., Columbia Mill.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>11/8/82</ENT> <ENT>4/28/83</ENT> <ENT>48 FR 19172</ENT> <ENT>54</ENT> <ENT>Approves burning of 2.2% at Esleek Manufacturing Company, Inc., provided the fuel firing rate does not exceed 137.5 gallons per hour.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.05(1)(b)</ENT> <ENT>Sulfur content of fuels and control thereof for Central APCD</ENT> <ENT>6/25/76</ENT> <ENT>2/15/77</ENT> <ENT>42 FR 9176</ENT> <ENT>10</ENT> <ENT>Approves the burning of 2.2% until 7/1/78 for 100 mBtu sources listed in 52.1126.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>3/29/76<LI>5/25/76</LI> </ENT> <ENT>5/19/77</ENT> <ENT>42 FR 25730</ENT> <ENT>11</ENT> <ENT>Approves burning 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.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>6/25/76<LI>8/22/77</LI> </ENT> <ENT>6/21/78</ENT> <ENT>43 FR 26573</ENT> <ENT>10</ENT> <ENT>Extends expiration date to 6/21/78.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>3/2/79</ENT> <ENT>7/16/79</ENT> <ENT>44 FR 41180</ENT> <ENT>24</ENT> <ENT>Permanent extension for certain sources to burn 2.2% under specified conditions.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Sulfur content of fuels and control thereof for central APCD</ENT> <ENT>9/28/79</ENT> <ENT>6/17/80</ENT> <ENT>45 FR 40987</ENT> <ENT>24</ENT> <ENT>Approves the burning of 2.2% at Fitchburg Paper (55 Meter stacks only) for James River, Massachusetts, Inc., year round.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>3/20/80</ENT> <ENT>9/10/80</ENT> <ENT>45 FR 59578</ENT> <ENT>31</ENT> <ENT>Approves the temporary burning of 2.2% at Seaman Paper Co., Templeton.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>3/2/79<LI>5/5/81</LI> </ENT> <ENT>9/17/81</ENT> <ENT>46 FR 46133</ENT> <ENT>33</ENT> <ENT>Approves the burning of 2.2% at Millers Falls Paper Co.</ENT> </ROW> <ROW> <PRTPAGE P="89"/> <ENT I="01">310 CMR 7.05(1)(c)</ENT> <ENT>Sulfur content of fuels and control thereof for Merrimack Valley</ENT> <ENT>6/4/76</ENT> <ENT>12/30/76</ENT> <ENT>41 FR 56804</ENT> <ENT>8</ENT> <ENT>Approves the burning of 2.2% except at those sources listed in 52.1126.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>1/28/76<LI>12/30/76 </LI> </ENT> <ENT>7/12/77</ENT> <ENT>42 FR 35830</ENT> <ENT>8</ENT> <ENT>Approves burning of 1.4% at Haverhill Paperboard Corp., Haverhill, MA.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>1/28/76</ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>8/22/77<LI>12/30/76</LI> </ENT> <ENT>6/21/78</ENT> <ENT>43 FR 26573</ENT> <ENT>8</ENT> <ENT>Extends expiration date to 7/1/79.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/28/78</ENT> <ENT>5/21/79</ENT> <ENT>44 FR 29453</ENT> <ENT>20</ENT> <ENT>Permanent extension to burn 2.2%.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.05(1)(d)</ENT> <ENT>Sulfur content of fuels and control thereof for Metropolitan Boston APCD</ENT> <ENT>7/11/75<LI>9/16/75</LI> </ENT> <ENT>12/5/75</ENT> <ENT>40 FR 56889</ENT> <ENT>6</ENT> <ENT>Approves burning of 1% for large electric generating facilities in certain cities and towns and 2.2% for smaller facilities. Effective 7/1/75 to 7/1/77.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/11/75<LI>4/1/77</LI> </ENT> <ENT>8/22/77</ENT> <ENT>42 FR 42218</ENT> <ENT>6</ENT> <ENT>Extends expiration date from 7/1/77 to 7/1/78 except for Eastman Gelatin Corp., which must burn 1%.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>4/20/78</ENT> <ENT>11/30/78</ENT> <ENT>43 FR 56040</ENT> <ENT>6</ENT> <ENT>Extends expiration date from 7/1/78 to 7/1/79.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Sulfur content of fuels and control thereof for Metropolitan Boston APCD</ENT> <ENT>12/28/78</ENT> <ENT>5/21/79</ENT> <ENT>44 FR 29453</ENT> <ENT>20</ENT> <ENT>Permanent extension to burn 2.2%.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>4/25/80</ENT> <ENT>1/27/81</ENT> <ENT>46 FR 8476</ENT> <ENT>34</ENT> <ENT>Approves the burning of 2.2% at Natick Paperboard Corp.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>11/25/80</ENT> <ENT>8/11/81</ENT> <ENT>46 FR 40688</ENT> <ENT>38</ENT> <ENT>Approves the increase to 2.2% at Boston Edison Mystic Generating Station for 30 months from 8/11/81 (expires 2/11/84).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/14/81</ENT> <ENT>12/16/81</ENT> <ENT>46 FR 61123</ENT> <ENT>41</ENT> <ENT>Approves burning of 2.2% at Haverhill Paper Corp.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>11/27/79</ENT> <ENT>12/15/80</ENT> <ENT>45 FR 82251</ENT> <ENT>32</ENT> <ENT>Allows the burning of 2.2% at Proctor and Gamble.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/24/81</ENT> <ENT>12/15/81</ENT> <ENT>46 FR 61118</ENT> <ENT>43</ENT> <ENT>Approves burning of 2.2% at Eastman Gelatin Corp.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/7/83</ENT> <ENT>9/25/84</ENT> <ENT>49 FR 37592</ENT> <ENT>65</ENT> <ENT>Approves burning of 2.2% at Boston Edison Mystic Generating Station until 3/25/87.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.05(1)(e)</ENT> <ENT>Sulfur content of fuels and control thereof for Pioneer Valley APCDs</ENT> <ENT>7/22/77</ENT> <ENT>2/1/77</ENT> <ENT>42 FR 5957</ENT> <ENT>9</ENT> <ENT>Approves 2.2% except for sources listed in 52.1125.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/22/76</ENT> <ENT/> <ENT/> <ENT/> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>8/22/77<LI>12/27/77</LI> </ENT> <ENT>6/21/78</ENT> <ENT>43 FR 26573</ENT> <ENT>9</ENT> <ENT>Extends expiration date to 7/1/79.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>1/3/79</ENT> <ENT>5/21/79</ENT> <ENT>44 FR 29453</ENT> <ENT>21</ENT> <ENT>Permanent extension to burn 2.2%</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>3/2/80</ENT> <ENT>1/19/81</ENT> <ENT>45 FR 4918</ENT> <ENT>33</ENT> <ENT>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.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>10/13/81</ENT> <ENT>2/10/82</ENT> <ENT>47 FR 6011</ENT> <ENT>45</ENT> <ENT>Approves the burning of 2.2% at Holyoke Gas and Electric Department, Holyoke, MA.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/18/84<LI>4/17/85</LI> <LI>3/16/87</LI> <LI>11/25/87</LI> </ENT> <ENT>2/15/90</ENT> <ENT>55 FR 5449</ENT> <ENT>77</ENT> <ENT>Approves the burning of 2.2% and imposes fuel use limits at American Fiber and Finishing Co., Erving Paper Co., and Westfield River Paper Co.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.05(1)(f)</ENT> <ENT>Sulfur content of fuels and control thereof for Southeastern APCD</ENT> <ENT>12/30/76</ENT> <ENT>9/2/77</ENT> <ENT>42 FR 44235</ENT> <ENT>12</ENT> <ENT>Approves burning of 2.2% for sources listed in 52.1126, all others must continue to burn 1%.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/30/76<LI>1/31/78</LI> </ENT> <ENT>9/8/78</ENT> <ENT>43 FR 40010</ENT> <ENT>12</ENT> <ENT>Extends expiration date from 5/1/78 to 7/1/79.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>1/31/79</ENT> <ENT>5/21/79</ENT> <ENT>44 FR 29453</ENT> <ENT>22</ENT> <ENT>Permanent extension to burn 2.2%.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.05(4)</ENT> <ENT>Ash content of fuels for Pioneer Valley for APCD</ENT> <ENT>1/3/79</ENT> <ENT>5/21/79</ENT> <ENT>44 FR 29453</ENT> <ENT>21</ENT> <ENT/> </ROW> <ROW> <PRTPAGE P="90"/> <ENT I="22"/> <ENT>Ash content of fuels for Metropolitan Boston APCD</ENT> <ENT>7/20/79</ENT> <ENT>5/21/79</ENT> <ENT>44 FR 29453</ENT> <ENT>23</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT>Ash content of fuels</ENT> <ENT>12/3/85<LI>1/31/86</LI> <LI>2/11/86</LI> </ENT> <ENT>11/25/86</ENT> <ENT>51 FR 42564</ENT> <ENT>69</ENT> <ENT>Includes Berkshire Air Pollution 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.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.06</ENT> <ENT>Visible emissions</ENT> <ENT>8/28/72</ENT> <ENT>10/28/72</ENT> <ENT>37 FR 23085</ENT> <ENT>4</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/5/78</ENT> <ENT>2/7/79</ENT> <ENT>44 FR 7712</ENT> <ENT>17</ENT> <ENT>Approves New England Power Company, Salem Harbor Station to burn a coal oil slurry.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/28/79</ENT> <ENT>8/12/80</ENT> <ENT>45 FR 53476</ENT> <ENT>17</ENT> <ENT>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.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.07</ENT> <ENT>Open burning</ENT> <ENT>12/9/77</ENT> <ENT>9/29/78</ENT> <ENT>43 FR 44841</ENT> <ENT>16</ENT> <ENT>Two revisions with conditions to permit open burning of brush cane, driftwood and forest debris for 2 months of the year.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Open burning</ENT> <ENT>9/28/79</ENT> <ENT>6/17/80</ENT> <ENT>45 FR 40987</ENT> <ENT>27</ENT> <ENT>Approves open burning (as in (c) 16) from 1/15 to 5/1 in certain areas of the State.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.08</ENT> <ENT>Incinerators</ENT> <ENT>8/28/72</ENT> <ENT>10/28/72</ENT> <ENT>37 FR 23085</ENT> <ENT>4</ENT> <ENT/> </ROW> <ROW> <ENT I="01">310 CMR 7.09</ENT> <ENT>Dust and odor</ENT> <ENT>8/28/72</ENT> <ENT>10/28/72</ENT> <ENT>37 FR 23085</ENT> <ENT>4</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/9/77</ENT> <ENT>9/29/78</ENT> <ENT>43 FR 44841</ENT> <ENT>16</ENT> <ENT>Adds a requirement that mechanized street sweeping equipment must be equipped and operated with a suitable dust collector or suppression system.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.12 </ENT> <ENT>Inspection Certificate Record Keeping and Reporting </ENT> <ENT>6/28/90; 9/30/92; 7/15/94 </ENT> <ENT>3/21/96 </ENT> <ENT>61 FR 11560</ENT> <ENT>106 </ENT> <ENT>The 6/28/90 and 9/30/92 submittals deal with the permitting process. The 7/15/94 submittal develops 7.12 to comply with emission statement requirements.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.14(2)</ENT> <ENT>Continuous Emissions Monitoring</ENT> <ENT>11/21/86<LI>1/15/85</LI> </ENT> <ENT>3/10/89</ENT> <ENT>54 FR 10148</ENT> <ENT>72</ENT> <ENT>References 40 CFR part 51, Appendix P.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.14(3)</ENT> <ENT>Continuous Emissions Monitoring </ENT> <ENT>11/21/86 <LI>1/15/87</LI> </ENT> <ENT>3/10/89</ENT> <ENT>54 FR 10148</ENT> <ENT>72</ENT> <ENT>Establishes compliance date for meeting the requirements of 7.14(2).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.15</ENT> <ENT>Asbestos application</ENT> <ENT>8/28/72</ENT> <ENT>10/28/72</ENT> <ENT>37 FR 23085</ENT> <ENT>4</ENT> <ENT/> </ROW> <ROW> <ENT I="01">310 CMR 7.16</ENT> <ENT>Reduction to single passenger commuter vehicle use</ENT> <ENT>5/20/77</ENT> <ENT>5/25/78</ENT> <ENT>43 FR 22356</ENT> <ENT>15</ENT> <ENT>For Pioneer Valley APCD.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/31/78<LI>5/16/79</LI> </ENT> <ENT>9/16/80</ENT> <ENT>45 FR 61293</ENT> <ENT/> <ENT>Reduction of single occupant commuter vehicles.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.17</ENT> <ENT>Coal conversion</ENT> <ENT>9/7/78</ENT> <ENT>5/14/79</ENT> <ENT>44 FR 27991</ENT> <ENT>19</ENT> <ENT>Brayton Point Station, New England Power Company.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>1/22/82</ENT> <ENT>6/9/82</ENT> <ENT>47 FR 25007</ENT> <ENT>49</ENT> <ENT>Mount Tom Plant, Holyoke, MA Holyoke Water Power Company.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(1)</ENT> <ENT>U Applicability and Handling Requirements </ENT> <ENT>8/17/89 </ENT> <ENT>1/11/93 </ENT> <ENT>58 FR 3495 </ENT> <ENT>93</ENT> <ENT>Approval of 310 CMR CMR 7.18(1), (a), (c), (d) and (e).</ENT> </ROW> <ROW> <PRTPAGE P="91"/> <ENT I="01">310 CMR 7.18(2)</ENT> <ENT>U Compliance with Emission Limitations </ENT> <ENT>8/27/82; 8/17/89; 6/7/91 </ENT> <ENT>1/11/93 </ENT> <ENT>58 FR 3495 </ENT> <ENT>93 </ENT> <ENT>Approval of 310 CMR 7.18(2), (2)(a), (2)(b), (2)(c) and (2)(e).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(2)(b)</ENT> <ENT>Generic VOC bubble for surface coaters</ENT> <ENT>3/6/81<LI>11/12/81</LI> </ENT> <ENT>3/29/82</ENT> <ENT>47 FR 13143</ENT> <ENT>42</ENT> <ENT>Includes surface coating of metal cans, large appliances, magnet wire insulation, automobiles, paper fabric and vinyl.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Generic VOC bubble for surface coaters</ENT> <ENT>6/24/80</ENT> <ENT>7/12/82</ENT> <ENT>47 FR 30060</ENT> <ENT>47</ENT> <ENT>Adds metal coils.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Generic VOC bubble for surface coaters</ENT> <ENT>3/29/95</ENT> <ENT>8/8/96</ENT> <ENT>61 FR 41338</ENT> <ENT>112 </ENT> <ENT>Replaces earlier emissions averaging rules for surface coaters.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/21/81<LI>3/10/81</LI> </ENT> <ENT>6/2/82</ENT> <ENT>47 FR 23927</ENT> <ENT>48</ENT> <ENT>Adds miscellaneous metal parts and products and graphic arts-rotogravure and flexography.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>2/3/83</ENT> <ENT>48 FR 5014</ENT> <ENT>53</ENT> <ENT>Adds metal furniture.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18 (2)(e)</ENT> <ENT>Compliance with emission limitations</ENT> <ENT/> <ENT>3/6/89</ENT> <ENT>54 FR 9213</ENT> <ENT/> <ENT>Testing requirements for plan approvals issued under 310 CMR 7.18(17).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(3)</ENT> <ENT>Metal furniture surface coating</ENT> <ENT>12/31/78<LI>5/16/79</LI> </ENT> <ENT>9/16/80</ENT> <ENT>45 FR 61293</ENT> <ENT>30</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(3)</ENT> <ENT>U Metal Furniture Surface Coating</ENT> <ENT>8/17/89; 6/7/91 </ENT> <ENT>1/11/93</ENT> <ENT>58 FR 3495</ENT> <ENT>93</ENT> <ENT>Replacement of 310 CMR 7.18(3).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(4)</ENT> <ENT>Metal can surface coating</ENT> <ENT>12/31/78<LI>5/16/79</LI> </ENT> <ENT>9/16/80</ENT> <ENT>45 FR 61293</ENT> <ENT>30</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(4)</ENT> <ENT>U Metal Can Surface Coating</ENT> <ENT>8/17/89; 6/7/91 </ENT> <ENT>1/11/93 </ENT> <ENT>58 FR 3495 </ENT> <ENT>93 </ENT> <ENT>Replacement of 310 CMR 7.18(4).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(5)</ENT> <ENT>Large appliances surface coating</ENT> <ENT>12/31/78<LI>5/16/79</LI> </ENT> <ENT>9/16/80</ENT> <ENT>45 FR 61293</ENT> <ENT>30</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(5)</ENT> <ENT>U Large Appliance Surface Coating</ENT> <ENT>8/17/89; 6/7/91</ENT> <ENT> 1/11/93 </ENT> <ENT>58 FR 3495 </ENT> <ENT>93</ENT> <ENT>Replacement of 310 CMR 7.18(5).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(6)</ENT> <ENT>Magnet wire insulation surface coating</ENT> <ENT>12/31/78<LI>5/16/79</LI> </ENT> <ENT>9/16/80</ENT> <ENT>45 FR 61293</ENT> <ENT>30</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(6)</ENT> <ENT>U Magnet Wire Insulation Surface Coating </ENT> <ENT>8/17/89; 6/7/91</ENT> <ENT>1/11/93 </ENT> <ENT>58 FR 3495 </ENT> <ENT>93</ENT> <ENT>Replacement of 310 CMR 7.18(6).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(7)</ENT> <ENT>Automobile surface coating</ENT> <ENT>12/31/78<LI>5/16/79</LI> </ENT> <ENT>9/16/80</ENT> <ENT>45 FR 61293</ENT> <ENT>30</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>45 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(7) </ENT> <ENT>Automobile Surface Coating </ENT> <ENT>8/17/89, 6/7/91 </ENT> <ENT>10/8/92 </ENT> <ENT>57 FR 46316</ENT> <ENT>92</ENT> <ENT/> </ROW> <ROW> <ENT I="01">310 CMR 7.18(8)</ENT> <ENT>Solvent metal degreasing</ENT> <ENT>12/31/78<LI>5/16/79</LI> </ENT> <ENT>9/16/80</ENT> <ENT>45 FR 61293</ENT> <ENT>30</ENT> <ENT>Conditional approval requiring controls for small solvent metal degreasers.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>8/13/83</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Approves public education program for small degreasers and removes conditional approval.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(8)</ENT> <ENT>U Solvent Metal Degreasing</ENT> <ENT>8/17/89</ENT> <ENT> 1/11/93</ENT> <ENT>58 FR 3495 </ENT> <ENT>93 </ENT> <ENT>Approval of 310 CMR 7.18(8), (8)(d), (8)(d)1., (8)(e), (8)(f) and (8)(g).</ENT> </ROW> <ROW> <PRTPAGE P="92"/> <ENT I="01">310 CMR 7.18(8) </ENT> <ENT>U Solvent Metal Degreasing </ENT> <ENT>6/7/91 </ENT> <ENT>6/30/93 </ENT> <ENT>58 FR 34911 </ENT> <ENT>58 </ENT> <ENT>Approval of 310 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.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(9)</ENT> <ENT>Cutback asphalt</ENT> <ENT>12/31/78<LI>5/16/79</LI> </ENT> <ENT>9/16/80</ENT> <ENT>45 FR 61293</ENT> <ENT>30</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds an exemption.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(9)</ENT> <ENT>U Cutback Asphalt </ENT> <ENT>8/17/89 </ENT> <ENT>1/11/93 </ENT> <ENT> 58 FR 3495 </ENT> <ENT>93 </ENT> <ENT>Replacement of 310 CMR 7.18(9).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(10)</ENT> <ENT>Surface coating of metal coils</ENT> <ENT>6/24/80</ENT> <ENT>7/12/82</ENT> <ENT>47 FR 30060</ENT> <ENT>47</ENT> <ENT>Approves and adds to 310 CMR 7.18(2)(b).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods and removes extended compliance schedule.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(10)</ENT> <ENT>U Metal Coil Coating</ENT> <ENT>8/17/89; 6/7/91</ENT> <ENT>1/11/93</ENT> <ENT>58 FR 3495 </ENT> <ENT>93</ENT> <ENT>Replacement of 310 CMR 7.18(10).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(11)</ENT> <ENT>Surface coating of miscellaneous metal parts and products</ENT> <ENT>7/21/81<LI>3/10/82</LI> </ENT> <ENT>6/2/82</ENT> <ENT>47 FR 23927</ENT> <ENT>48</ENT> <ENT>Adds to 310 CMR 7.18(2)(b).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(11)</ENT> <ENT>U Surface Coating of Miscellaneous Metal Parts and Products</ENT> <ENT>8/17/89</ENT> <ENT>1/11/93</ENT> <ENT>58 FR 3495</ENT> <ENT>93</ENT> <ENT>Approval of 310 CMR 7.18(11), (11)(b), (11)(c), (11)(d) and (11)(e).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(11) </ENT> <ENT>U Surface Coating of Miscellaneous Metal Parts and Products </ENT> <ENT>6/7/91 </ENT> <ENT>6/30/93 </ENT> <ENT>58 FR 34911 </ENT> <ENT>58 </ENT> <ENT>Approval of 310 CMR 7.18 (11), (11)(a), (11)(a)1., (11)(a)2., (11)(a)3.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(12)</ENT> <ENT>Graphic arts-rotogravure and flexography</ENT> <ENT>7/21/81<LI>3/10/82</LI> </ENT> <ENT>6/2/82</ENT> <ENT>47 FR 23927</ENT> <ENT>48</ENT> <ENT>Adds to 310 CMR 7.18(2)(b).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT/> </ROW> <ROW> <ENT I="01">310 CMR 7.18(12)</ENT> <ENT>U Graphic Arts</ENT> <ENT>8/17/89; 6/7/91</ENT> <ENT>1/11/93</ENT> <ENT>58 FR 3495</ENT> <ENT>93</ENT> <ENT>Replacement of 310 CMR 7.18(12).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(13)</ENT> <ENT>Perchloroethylene dry cleaning systems</ENT> <ENT>7/21/81<LI>3/10/82</LI> </ENT> <ENT>6/2/82</ENT> <ENT>47 FR 23927</ENT> <ENT>48</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(13)</ENT> <ENT>U Dry Cleaning Systems-Percholor-ethylene</ENT> <ENT>8/17/89</ENT> <ENT>1/11/93</ENT> <ENT>58 FR 3495</ENT> <ENT>93</ENT> <ENT>Approval of 310 CMR 7.18(13), (13)(c), (13)(d) and (13)(e). 310 CMR 7.18(13)(a) 8. has been deleted.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(14)</ENT> <ENT>Paper surface coating</ENT> <ENT>3/6/81</ENT> <ENT>3/8/82</ENT> <ENT>47 FR 9836</ENT> <ENT>40</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(14) </ENT> <ENT>U Paper Surface Coating </ENT> <ENT>8/17/89; 6/7/91 </ENT> <ENT>1/11/93 </ENT> <ENT>58 FR 3495 </ENT> <ENT>93 </ENT> <ENT>Replacement of 310 CMR 7.18(14).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(15)</ENT> <ENT>Fabric surface coating</ENT> <ENT>3/6/81</ENT> <ENT>3/8/82</ENT> <ENT>47 FR 9836</ENT> <ENT>40</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(15)</ENT> <ENT>U Fabric Surface Coating</ENT> <ENT>8/17/89; 6/7/91</ENT> <ENT>1/11/93</ENT> <ENT>58 FR 3495</ENT> <ENT>93</ENT> <ENT>Replacement of 310 CMR 7.18(15).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(16)</ENT> <ENT>Vinyl surface coating</ENT> <ENT>3/6/81</ENT> <ENT>3/8/82</ENT> <ENT>47 FR 9836</ENT> <ENT>40</ENT> <ENT/> </ROW> <ROW> <PRTPAGE P="93"/> <ENT I="22"/> <ENT O="xl"/> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>Adds test methods.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(16)</ENT> <ENT>U Vinyl Surface Coating</ENT> <ENT>8/17/89; 6/7/91</ENT> <ENT>1/11/93</ENT> <ENT>58 FR 3495</ENT> <ENT>93</ENT> <ENT>Replacement of 310 CMR 7.18(16).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(17)</ENT> <ENT>RACT</ENT> <ENT>9/9/82</ENT> <ENT>11/9/83</ENT> <ENT>48 FR 51480</ENT> <ENT>53</ENT> <ENT>All 100 ton per year sources not covered by a CTG.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>RACT</ENT> <ENT/> <ENT>3/6/89</ENT> <ENT>54 FR 9213</ENT> <ENT/> <ENT>Enforceability of plan approvals issued under 310 CMR 7.18(17).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>6/20/89 </ENT> <ENT>11/3/89 </ENT> <ENT>54 FR 46388</ENT> <ENT>81 </ENT> <ENT>RACT for Cranston Print Works Company dated June 20, 1989.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/12/89</ENT> <ENT>11/8/89</ENT> <ENT>54 FR 46895</ENT> <ENT>80</ENT> <ENT>RACT for Spalding Corporation Plan Approval dated October 7, 1985 and amended Plan Approval dated July 12, 1989.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>8/8/89</ENT> <ENT>11/8/89</ENT> <ENT>54 FR 46897</ENT> <ENT>82</ENT> <ENT>RACT for Duro Textile Printers (SM-85-168-IF).</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>6/20/89</ENT> <ENT>2/21/90</ENT> <ENT>55 FR 5990</ENT> <ENT>79</ENT> <ENT>RACT Compliance Plan Conditional Approval for Monsanto Chemical Company in Indian Orchard dated 6/20/89.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>11/17/89</ENT> <ENT>8/3/90</ENT> <ENT>55 FR 31590</ENT> <ENT>85</ENT> <ENT>RACT for Boston Whaler in Norwell. Amended Plan Approval 4P89005 dated October 19, 1989 and Plan Approval 4P89005 Correction dated Nov. 17, 1989.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>11/17/89</ENT> <ENT>8/3/90</ENT> <ENT>55 FR 31593</ENT> <ENT>86</ENT> <ENT>RACT for Boston Whaler in Rockland. Amended Plan Approval (4P89006) dated October 19, 1989 and Plan Approval 4P89006 Correction dated November 17, 1989.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Non-CTG RACT determination</ENT> <ENT>11/2/89</ENT> <ENT>11/27/90</ENT> <ENT>55 FR 34915</ENT> <ENT>87</ENT> <ENT>RACT for Philips Lighting Company in Lynn, MA, dated November 2, 1989.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>RACT</ENT> <ENT>7/9/90</ENT> <ENT>2/19/91</ENT> <ENT>56 FR 6569</ENT> <ENT>89</ENT> <ENT>RACT for General Motors Corporation in Framingham. Amended Plan Approval dated June 8, 1990.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>RACT</ENT> <ENT>6/13/90</ENT> <ENT>2/27/91</ENT> <ENT>56 FR 8132</ENT> <ENT>88</ENT> <ENT>RACT for Acushnet Company, Titleist Golf Division, Plant A in New Bedford. Amended Plan Approval dated June 1, 1990.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>RACT</ENT> <ENT>10/16/90</ENT> <ENT>3/20/91</ENT> <ENT>56 FR 11677</ENT> <ENT>90</ENT> <ENT>RACT for Erving Paper Mills.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>RACT</ENT> <ENT>4/22/90</ENT> <ENT>10/8/91</ENT> <ENT>56 FR 50660</ENT> <ENT>91</ENT> <ENT>RACT amendment for Erving.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(17) </ENT> <ENT>RACT </ENT> <ENT>5/13/91 </ENT> <ENT>12/14/92 </ENT> <ENT>57 FR 58993 </ENT> <ENT>95 </ENT> <ENT>RACT for Dartmouth Finishing Corporation.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(17)</ENT> <ENT>U Reasonable Available Control Technology</ENT> <ENT>8/17/89; 6/7/91</ENT> <ENT>1/11/93</ENT> <ENT>58 FR 3495 </ENT> <ENT>93</ENT> <ENT>Approval of 310 CMR 7.18(17), (17)(a), (17)(b), (17)(c), (17)(d), (17)(e) and (17)(f).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(17)</ENT> <ENT>RACT</ENT> <ENT>5/22/92</ENT> <ENT>7/28/94</ENT> <ENT>59 FR 38374</ENT> <ENT>(99)</ENT> <ENT>RACT Approval for S. Bent & Bros.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(17) </ENT> <ENT>RACT </ENT> <ENT>7/19/93 1993</ENT> <ENT>1/6/95</ENT> <ENT>60 FR 2017 </ENT> <ENT>100 </ENT> <ENT>RACT Approval for Nichols & Stone Co.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(17)</ENT> <ENT>Reasonably Available Control Technology</ENT> <ENT>3/31/94</ENT> <ENT>3/6/95</ENT> <ENT>60 FR 12125</ENT> <ENT>104</ENT> <ENT>RACT for Brittany Dyeing and Finishing of New Bedford, MA.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(18)</ENT> <ENT>Polystyrene Resin Manufacture</ENT> <ENT>2/21/86; 2/25/86; 6/23/86</ENT> <ENT>8/31/87</ENT> <ENT>52 FR 32792</ENT> <ENT>73</ENT> <ENT>Regulation pursuant to Group III CTG, “Control of VOC Emissions from the Manufacture of Polystyrene Resins”.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(18)</ENT> <ENT>U Polystyrene Resin Manufacturing Technology </ENT> <ENT>8/17/89; 6/7/91 </ENT> <ENT>1/11/93 </ENT> <ENT>58 FR 3495 </ENT> <ENT>93 </ENT> <ENT>Replacement of 310 CMR 7.18(18).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.18(19)</ENT> <ENT>Synthetic organic chemical manufacture</ENT> <ENT>11/5/86; 12/10/86</ENT> <ENT>11/19/87</ENT> <ENT>52 FR 44395</ENT> <ENT>74</ENT> <ENT/> </ROW> <ROW> <PRTPAGE P="94"/> <ENT I="01">310 CMR 7.18(28) </ENT> <ENT>Automotive Refinishing </ENT> <ENT>01/09/95 </ENT> <ENT>2/14/96 </ENT> <ENT>61 FR 5699</ENT> <ENT>109</ENT> <ENT>Reasonably Available Control Technology Requirement (RACT) for automotive refinishing.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.19</ENT> <ENT>Interim sulfur-in-fuel limitations for fossil fuel utilization facilities pending conversion to an alternate fuel or implementation of permanent energy conservation measures</ENT> <ENT>9/12/80</ENT> <ENT>3/19/81</ENT> <ENT>46 FR 17551</ENT> <ENT>37</ENT> <ENT>Energy/environment initiative.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/29/81</ENT> <ENT>4/13/82</ENT> <ENT>47 FR 15790</ENT> <ENT>46</ENT> <ENT>ATF Davidson Company, Northbridge, MA temporary sulfur-in-fuel revision until 12/1/83.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/28/82</ENT> <ENT>12/1/82</ENT> <ENT>47 FR 54072</ENT> <ENT>52</ENT> <ENT>Polaroid Corp., Waltham, MA temporary sulfur/in/fuel relaxation until 6/1/85.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT/> <ENT>6/2/83</ENT> <ENT>48 FR 24689</ENT> <ENT>52</ENT> <ENT>Correction notice.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/29/82</ENT> <ENT>11/23/82</ENT> <ENT>47 FR 52704</ENT> <ENT>51</ENT> <ENT>Northeast Petroleum Corp., Chelsea, MA sulfur content increase from 0.28 to 0.55 lbs/mBtu heat release potential permanently.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>4/4/83</ENT> <ENT>3/23/84</ENT> <ENT>49 FR 11092</ENT> <ENT>59</ENT> <ENT>Stanley Woolen Co., Uxbridge, to burn 2.2% until 9/23/86.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>10/31/83</ENT> <ENT>3/23/84</ENT> <ENT>49 FR 11091</ENT> <ENT>61</ENT> <ENT>Reed and Barton Silversmiths, Taunton, to burn 2.2% until 9/23/86.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>11/16/83</ENT> <ENT>7/30/84</ENT> <ENT>49 FR 30306</ENT> <ENT>62</ENT> <ENT>ATF Davidson Company, Northbridge, to burn 2.2% permanently.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>2/2/84</ENT> <ENT>6/15/84</ENT> <ENT>49 FR 24723</ENT> <ENT>63</ENT> <ENT>American Biltrite Corporation, Chelsea, to burn 1.0% until 12/15/86.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>7/11/84</ENT> <ENT>9/25/84</ENT> <ENT>49 FR 37591</ENT> <ENT>67</ENT> <ENT>James River Corporation, Hyde Park Mill, Boston to burn 2.2% until 3/25/87.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>2/8/85, 10/23/85 </ENT> <ENT>4/1/86 </ENT> <ENT>51 FR 11021 </ENT> <ENT>68 </ENT> <ENT>Phillips Academy, Andover, MA to burn 2.2% until September 1, 1988.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT>Interim sulfur-in-fuel limitations for fossil fuel utilities pending conversion to an alternative fuel or implementation of permanent energy conservation measures</ENT> <ENT>2/19/86</ENT> <ENT>8/12/86 </ENT> <ENT>51 FR 28814 </ENT> <ENT>70</ENT> <ENT>Mary Ellen McCormick and Malverick Family Development facilities in the Boston Housing Authority, Boston to burn 2.2% until February 12, 1989.</ENT> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>5/12/86 </ENT> <ENT>11/25/86 </ENT> <ENT>51 FR 42565 </ENT> <ENT>71 </ENT> <ENT>Mission Hill Extension Family Development facility, in the Boston Housing Authority, Boston, MA to burn 2.2% until May 25, 1989.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.19 (2)(d)</ENT> <ENT>Generic NO<E T="52">X</E> bubbling and trading for RACT sources</ENT> <ENT>3/29/95</ENT> <ENT>8/8/96</ENT> <ENT>61 FR 41338</ENT> <ENT>112</ENT> <ENT>Adds credit creation option for NO<E T="52">X</E> RACT sources.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.19 (2)(g)</ENT> <ENT>Generic NO<E T="52">X</E> bubbling and trading for RACT sources</ENT> <ENT>3/29/95</ENT> <ENT>8/8/96</ENT> <ENT>61 FR 41338</ENT> <ENT>112</ENT> <ENT>Adds credit use option for NO<E T="52">X</E> RACT sources.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.19 (14)</ENT> <ENT>Generic NO<E T="52">X</E> bubbling for RACT sources</ENT> <ENT>3/29/95</ENT> <ENT>8/8/96</ENT> <ENT>61 FR 41338</ENT> <ENT>112</ENT> <ENT>Adds quantification, testing, monitoring, record keeping, reporting, and emission control plan requirements for averaging NO<E T="52">X</E> RACT sources.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.20 </ENT> <ENT>U Motor Vehicle Inspection and Maintenance Emission Analyzer Approval Process and Inspection Requirements and Procedures </ENT> <ENT>6/7/91 </ENT> <ENT>6/30/93 </ENT> <ENT>58 FR 34911 </ENT> <ENT>58 </ENT> <ENT>Approval of 310 CMR 7.20(10)(c)2. to correct a typographical error.</ENT> </ROW> <ROW> <PRTPAGE P="95"/> <ENT I="01">310 CMR 7.24(5)(b)2</ENT> <ENT>Revision to gasoline volatility testing regulation</ENT> <ENT>10/16/89</ENT> <ENT>4/19/90</ENT> <ENT>55 FR 14832</ENT> <ENT>83</ENT> <ENT/> </ROW> <ROW> <ENT I="01">310 CMR 7.24 </ENT> <ENT>U Organic Material Storage and Distribution </ENT> <ENT>6/7/91, 11/13/92, 2/17/93 </ENT> <ENT>6/30/93 </ENT> <ENT>58 FR 34911 </ENT> <ENT>58 </ENT> <ENT>Replacement of 310 CMR 7.24, 7.24(1), 7.24(2), 7.24(3), and 7.24(4).</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.24(6) </ENT> <ENT>“Dispensing of Motor Vehicle Fuel” (Stage II) </ENT> <ENT>05/17/90, 06/07/91 </ENT> <ENT>12/14/92 </ENT> <ENT>57 FR 58996 </ENT> <ENT>97 </ENT> <ENT/> </ROW> <ROW> <ENT I="01">310 CMR 7.24(6)</ENT> <ENT>Dispensing of motor vehicle fuel</ENT> <ENT>2/17/93</ENT> <ENT>9/15/93</ENT> <ENT>58 FR 48318</ENT> <ENT>98</ENT> <ENT>Previous version of rule approved as strengthening the Massachusetts SIP. <LI>Revised rule being approved as meeting the Clean Air Act requirements.</LI> </ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.25 </ENT> <ENT>Best available controls for consumer and commercial products </ENT> <ENT>11/18/94 </ENT> <ENT>12/19/95 </ENT> <ENT>60 FR 65242 </ENT> <ENT>108 </ENT> <ENT>Includes architectural & industrial maintenance coatings.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.30</ENT> <ENT>Massport/Logan Airport Parking Freeze</ENT> <ENT>8/04/89, 12/6/89, 3/23/90 </ENT> <ENT>3/16/93 </ENT> <ENT>58 FR 14157 </ENT> <ENT>94 </ENT> <ENT>Applies to the parking of motor vehicles on Massport property.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.31</ENT> <ENT>City of Boston/East Boston Parking Freeze </ENT> <ENT>8/04/89, 12/6/89, 3/23/90</ENT> <ENT>3/16/93 </ENT> <ENT>58 FR 14157 </ENT> <ENT>94</ENT> <ENT>Applies to the parking of motor vehicles within the area of East Boston.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.33</ENT> <ENT>City of Boston/South Boston Parking Freeze</ENT> <ENT>7/30/93</ENT> <ENT>10/15/96</ENT> <ENT>61 FR 53633</ENT> <ENT>111</ENT> <ENT>Applies to the parking of motor vehicles within the area of South Boston, including Massport property in South Boston.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.36 </ENT> <ENT>Transit system improvements regulations </ENT> <ENT>12/9/91</ENT> <ENT>10/4/94 </ENT> <ENT>59 FR 50498 </ENT> <ENT>101 </ENT> <ENT>Transit system improvement regulation for Boston metropolitan area.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.37 </ENT> <ENT>High occupancy vehicle lanes regulation </ENT> <ENT>12/9/91</ENT> <ENT>10/4/94 </ENT> <ENT>59 FR 50498 </ENT> <ENT>101 </ENT> <ENT>High occupancy vehicle lanes regulation for Boston metropolitan area.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.38 </ENT> <ENT>Tunnel vent certification regulation </ENT> <ENT>1/30/91 </ENT> <ENT>10/8/92 </ENT> <ENT>57 FR 46312 </ENT> <ENT>96 </ENT> <ENT>Tunnel ventilation certification regulation for Boston metropolitan area.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.40</ENT> <ENT>Low emission vehicle</ENT> <ENT>11/15/93<LI>05/11/94</LI> </ENT> <ENT>2/1/95</ENT> <ENT>60 FR 6030</ENT> <ENT>103</ENT> <ENT>Substitute for CFFP.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.50</ENT> <ENT>Variances, regulations for control of air pollution in the six MA APCDs</ENT> <ENT>9/14/74</ENT> <ENT>10/8/76</ENT> <ENT>41 FR 44395</ENT> <ENT>7</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>9/14/74</ENT> <ENT>2/4/77</ENT> <ENT>42 FR 6812</ENT> <ENT>7</ENT> <ENT>Correction.</ENT> </ROW> <ROW> <ENT I="01">310 CMR 7.51</ENT> <ENT>Hearings relative to orders and approvals</ENT> <ENT>8/28/72</ENT> <ENT>10/28/72</ENT> <ENT>37 FR 23085</ENT> <ENT>4</ENT> <ENT/> </ROW> <ROW> <ENT I="01">310 CMR 7.52</ENT> <ENT>Enforcement provisions</ENT> <ENT>8/28/72</ENT> <ENT>10/28/72</ENT> <ENT>37 FR 23085</ENT> <ENT>4</ENT> <ENT/> </ROW> <ROW> <ENT I="01">310 CMR 8</ENT> <ENT>Regulations for the prevention and/or abatement of air pollution episode and air pollution incident emergencies</ENT> <ENT>2/22/72</ENT> <ENT>10/28/72</ENT> <ENT>37 FR 23085</ENT> <ENT>1</ENT> <ENT/> </ROW> <ROW> <ENT I="22"/> <ENT O="xl"/> <ENT>12/30/76</ENT> <ENT>9/2/77</ENT> <ENT>42 FR 44235</ENT> <ENT>12</ENT> <ENT>Changes significant harm and alert levels.</ENT> </ROW> <TNOTE> <E T="04">Notes:</E> </TNOTE> <TNOTE>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.</TNOTE> <TNOTE>2. The regulations are effective statewide unless stated otherwise in comments or title section.</TNOTE> </GPOTABLE> <GPOTABLE CDEF="s200,r200" COLS="2" OPTS="L0,7/8"> <ROW EXPSTB="01"> <ENT I="11"> <E T="11">[49 FR 49454, Dec. 20, 1984]</E> </ENT> </ROW> </GPOTABLE> <GPOTABLE CDEF="s200,r200" COLS="2" OPTS="L0,7/8"> <ROW EXPSTB="01"> <ENT I="11"> <E T="14">Editorial Note:</E> For <E T="04">Federal Register</E> citations affecting § 52.1167, see the List of CFR Sections Affected in the Finding Aids section of this volume.</ENT> </ROW> </GPOTABLE> </SECTION> <SECTION> <PRTPAGE P="96"/> <SECTNO>§ 52.1168</SECTNO> <SUBJECT>Certification of no sources.</SUBJECT> <P>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:</P> <P>(a) Large Petroleum Dry Cleaners.</P> <P>(b) Natural Gas/Gasoline Processing Plants.</P> <P>(c) Air Oxidation Processes/SOCMI.</P> <P>(d) Polypropylene/Polyethylene Manufacturing.</P> <CITA>[52 FR 32792, Aug. 31, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1168a</SECTNO> <SUBJECT>Part D—Disapproval of Rules and Regulations.</SUBJECT> <P>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)).</P> <CITA>[53 FR 36014, Sept. 16, 1988] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1169</SECTNO> <SUBJECT>Stack height review.</SUBJECT> <P>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 <E T="04">Federal Register</E> on July 8, 1985 (50 FR 27892).” Thus, the Commonwealth has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164.</P> <CITA>[52 FR 49407, Dec. 31, 1987]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart X—Michigan</HD> <SECTION> <SECTNO>§ 52.1170</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(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.”</P> <P>(b) The plan was officially submitted on February 3, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) Re-evaluation of control strategies for Berrien and Ingham Counties were submitted on March 3, 1972, by the State Air Pollution Office.</P> <P>(2) Amendments to the Michigan air pollution rules for the control of SO<E T="22">2</E> emissions (Part 3) and the prevention of air pollution episodes (Part 6) submitted by the Governor on March 30, 1972.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(6) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on February 16, 1973.</P> <P>(7) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on May 4, 1973.</P> <P>(8) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on September 19, 1973.<PRTPAGE P="97"/> </P> <P>(9) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on October 23, 1973.</P> <P>(10) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on December 13, 1973.</P> <P>(11) Air Quality Maintenance Area identifications were submitted on June 27, 1974, by the State of Michigan Department of Natural Resources.</P> <P>(12) Air Quality Maintenance Area identifications were submitted on October 18, 1974, by the State of Michigan Department of Natural Resources.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(17) On October 12, 1979, the State submitted comments and commitments in response to USEPA's notice of proposed rulemaking.</P> <P>(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.</P> <P>(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.</P> <P>(20) On March 31, 1980, the State submitted revisions to the conditional approval schedules for total suspended particulates.</P> <P>(21) On July 25, 1979, the State submitted the official ozone attainment plan as part of the State Implementation Plan.</P> <P>(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).</P> <P>(23) On November 8, 1979, the State submitted revisions to the ozone attainment plan.</P> <P>(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.</P> <P>(25) On May 12, 1980, the State submitted corrections and comments in <PRTPAGE P="98"/>response to USEPA's notice of proposed rulemaking (45 FR 25087).</P> <P>(26) On March 20, 1980, the State submitted commitments and additional revisions to the Inspection/Maintenance program for the Detroit urban area.</P> <P>(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.</P> <P>(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.</P> <P>(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).</P> <P>(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.</P> <P>(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).</P> <P>(32) On December 19, 1979, the State of Michigan submitted a revision to provide for modification of the existing air quality surveillance network.</P> <P>(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 (SO<E T="22">2</E>) emission limitation in Michigan Rule 336.1401.</P> <P>(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 SO<E T="22">2</E> emission limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.</P> <P>(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.</P> <P>(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.</P> <P>(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.<PRTPAGE P="99"/> </P> <P>(38) On April 10, 1981 the Governor of Michigan committed to annually administer and submit the questionnaire developed for the purposes of section 128.</P> <P>(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.</P> <P>(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.</P> <P>(41) On April 25, 1979, the State submitted materials which satisfy the intergovernmental consultation process.</P> <P>(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.</P> <P>(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.</P> <P>(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 <E T="04">Federal Register</E> 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).</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <FP>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.</FP> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(59) [Reserved]</P> <P>(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.</P> <P>(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.</P> <P>(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 com-pound (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.</P> <P>(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.</P> <P>(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.</P> <P>(65) [Reserved]</P> <P>(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 Com-pound (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.</P> <P>(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 Com-pound (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.<PRTPAGE P="102"/> </P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) Letter of September 6, 1984, from the State of Michigan, Department of Natural Resources, to EPA.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Michigan Department of Natural Resources Rules 336.1371 and 336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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 SO<E T="52">2</E> SIP. Consent Order No. 12-1984 provides a 3-year compliance date extension (January 1, <PRTPAGE P="104"/>1985, to December 31, 1987) for the J.H. Campbell Units 1 and 2 to emit SO<E T="52">2</E> 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.</P> <P>(i) Incorporation by reference.</P> <P>(A) October 1, 1984, Stipulation for Entry of Consent Order and Final Order, SIP No. 12-1984, establishing interim daily average SO<E T="52">2</E> emission limitations and quarterly average limits on percent sulfur is fuel fired.</P> <P>(82) The State of Michigan submitted negative declarations for several volatile organic compound source categories, as follows: </P> <EXTRACT> <FP SOURCE="FP-1">October 10, 1983—Large petroleum dry cleaners;</FP> <FP SOURCE="FP-1">May 17, 1985—High-density polyethylene, polypropylene, and polystyrene resin manufacturers;</FP> <FP SOURCE="FP-1">June 12, 1985—Synthetic organic chemical manufacturing industry sources (SOCMI) oxidation.</FP> </EXTRACT> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) R 336.1310, Open Burning, effective January 18, 1980.</P> <P>(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.</P> <P>(C) R 336.2301-8, Air Pollution Episodes, effective January 18, 1980.</P> <P>(D) R 336.2601-8, Organization, Operating, and Procedures, effective January 18, 1980.</P> <P>(E) R 336.2701-6, Hearings, effective January 18, 1980. </P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) R336.1122, Methyl Chloroform; effective at the State level on May 20, 1988.</P> <P>(87)-(89) [Reserved]</P> <P>(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 <PRTPAGE P="105"/>organic compound emissions from the surface coating operations at the facility.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) Letter of December 17, 1987, from the State of Michigan, Department of Natural Resources to USEPA.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(96) Revisions to the Michigan Regulations submitted on June 12, 1993 and <PRTPAGE P="106"/>November 12, 1993 by the Michigan Department of Natural Resources:</P> <P>(i) Incorporation by reference.</P> <P>(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:</P> <P>(<E T="03">1</E>) R 336.1101 Definitions; A—Revised definitions of the following terms: actual emissions, air-dried coating, air quality standard, allowable emissions and alternate opacity.</P> <P>(<E T="03">2</E>) 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.</P> <P>(<E T="03">3</E>) 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.</P> <P>(<E T="03">4</E>) 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.</P> <P>(<E T="03">5</E>) 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.</P> <P>(<E T="03">6</E>) R 336.1602 General provisions for existing sources of volatile organic compound emissions (entire rule).</P> <P>(<E T="03">7</E>) 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).</P> <P>(<E T="03">8</E>) R 336.1611 Existing cold cleaners (entire rule).</P> <P>(<E T="03">9</E>) R 336.1619 Perchloroethylene; emission from existing dry cleaning equipment (entire rule).</P> <P>(<E T="03">10</E>) R 336.1620 Emission of volatile organic compounds from existing flat wood paneling coating lines (entire rule).</P> <P>(<E T="03">11</E>) R 336.1621 Emission of volatile organic compounds from existing metallic surface coating lines (entire rule).</P> <P>(<E T="03">12</E>) R 336.1622 Emission of volatile organic compounds from existing components of petroleum refineries; refinery monitoring program (entire rule).</P> <P>(<E T="03">13</E>) 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).</P> <P>(<E T="03">14</E>) R 336.1625 Emission of volatile organic compounds from existing equipment utilized in manufacturing synthesized pharmaceutical products (entire rule).</P> <P>(<E T="03">15</E>) R 336.1627 Delivery vessels; vapor collection systems (entire rule).</P> <P>(<E T="03">16</E>) R 336.1630 Emission of volatile organic compounds from existing paint manufacturing processes (entire rule).</P> <P>(<E T="03">17</E>) R 336.1631 Emission of volatile organic compounds from existing process equipment utilized in manufacture of polystyrene or other organic resins (entire rule).</P> <P>(<E T="03">18</E>) R 336.1632 Emission of volatile organic compounds from existing automobile, truck, and business machine plastic part coating lines (entire rule).</P> <P>(<E T="03">19</E>) R 336.1702 General provisions of new sources of volatile organic compound emissions (entire rule).</P> <P>(<E T="03">20</E>) R 336.2004 Appendix A; reference test methods; adoption of federal reference test methods (entire rule).</P> <P>(<E T="03">21</E>) R 336.2006 Reference test method serving as alternate version of federal reference test method 25 by incorporating Byron analysis (entire rule).</P> <P>(<E T="03">22</E>) R 336.2007 Alternate version of procedure L, referenced in R 336.2040(10) (entire rule).</P> <P>(<E T="03">23</E>) 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)).<PRTPAGE P="107"/> </P> <P>(<E T="03">24</E>) R 336.2041 Recordkeeping requirements for coating lines and graphic arts lines (entire rule).</P> <P>(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:</P> <P>(<E T="03">1</E>) R 336.1601 Definitions—Added definition of the term person responsible.</P> <P>(<E T="03">2</E>) 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).</P> <P>(<E T="03">3</E>) R 336.1624 Emission of volatile organic compounds from existing graphic arts lines (entire rule).</P> <P>(<E T="03">4</E>) 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).</P> <P>(<E T="03">5</E>) R 336.1629 Emission of volatile organic compounds from components of existing process equipment used in processing natural gas; monitoring program (entire rule).</P> <P>(C) Senate Bill No. 726 of the State of Michigan 87th Legislature for Stage I controls signed and effective on November 13, 1993.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) House Bill No. 4165; signed and effective November 13, 1993.</P> <P>(ii) Additional materials.</P> <P>(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.</P> <P>(B) RFP, submitted along with the SIP narrative on November 12, 1993.</P> <P>(C) Supplemental materials, submitted on July 19, 1994, in a letter to EPA.</P> <P>(98)[Reserved]</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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 <E T="61">#</E>1.<PRTPAGE P="108"/> </P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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 <E T="61">#</E>1.</P> <P>(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 <E T="61">#</E>3.</P> <P>(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 <E T="61">#</E>6.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(AA) Consent Order 30-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Rouge Steel Company.</P> <P>(BB) Consent Order 31-1993 effective October 12, 1994 issued by the MDNR. <PRTPAGE P="109"/>This Order limits the PM emissions for the Keywell Corporation.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) State of Michigan House Bill No. 5016 signed by the Governor and effective on November 13, 1993.</P> <P>(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 NO<E T="52">X</E> and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories (including interim years) to the year 2005 for NO<E T="52">X</E> 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, NO<E T="52">X</E> 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.</P> <P>(i) Incorporation by reference.</P> <P>(A) State of Michigan House Bill No. 5016 signed by the Governor and effective on November 13, 1993.</P> <P>(B) State of Michigan Senate Bill 726 signed by the Governor and effective on November 13, 1993.</P> <P>(C) State of Michigan House Bill No. 4898 signed by the Governor and effective on November 13, 1993.</P> <P>(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).</P> <P>(i) Incorporation by reference. The following Michigan Stipulation for Entry of Final Order By Consent.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) State of Michigan Administrative Rule 374 (R 336.1374), effective July 26, 1995.</P> <P>(105)[Reserved]</P> <P>(106) On March 9, 1995, the State of Michigan submitted as a revision to the Michigan State Implementation <PRTPAGE P="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 NO<E T="52">X</E> and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2007 for NO<E T="52">X</E> 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.</P> <P>(i) Incorporation by reference.</P> <P>(A) State of Michigan House Bill No. 4165 signed by the Governor and effective on November 13, 1993.</P> <P>(B) State of Michigan Senate Bill 726 signed by the Governor and effective on November 13, 1993.</P> <P>(C) State of Michigan House Bill No. 4898 signed by the Governor and effective on November 13, 1993.</P> <P>(107)[Reserved]</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) House Bill No. 4898; signed and effective November 13, 1993.</P> <P>(B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290, Sections 642, 643, 645, 646, 647, and 649; all effective November 13, 1993.</P> <P>(C) Michigan Complied Laws, Weights and Measures Act of 1964, Chapter 290, Sections 613, 615; all effective August 28, 1964.</P> <P>(ii) Additional materials.</P> <P>(A) Letter from Michigan Governor John Engler to Regional Administrator Valdas Adamkus, dated January 5, 1996.</P> <P>(B) Letter from Michigan Director of Environmental Quality Russell Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.</P> <P>(C) State report titled “Evaluation of Air Quality Contingency Measures for Implementation in Southeast Michigan,” submitted to the EPA on May 14, 1996.</P> <P>(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 <PRTPAGE P="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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(A) 324.5524 Fugitive dust sources or emissions, effective March 30, 1995.</P> <P>(B) 324.5525 Definitions, effective March 30, 1995.</P> <CITA>[37 FR 10873, May 31, 1972]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1170, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 52.1171</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Michigan plan was evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Ozone</CHED> </BOXHD> <ROW> <ENT I="01">Metropolitan Detroit-Port Huron Intrastate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Metropolitan Toledo Interstate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>I</ENT> </ROW> <ROW> <ENT I="01">South Central Michigan Intrastate</ENT> <ENT>II</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">South Bend-Elkhart (Indiana)-Benton Harbor (Michigan) Interstate</ENT> <ENT>I</ENT> <ENT>IA</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Central Michigan Intrastate</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Upper Michigan Intrastate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III </ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10873, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 29801, May 6, 1980] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1172</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>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 <PRTPAGE P="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.</P> <CITA>[45 FR 29801, May 6, 1980] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1173</SECTNO> <SUBJECT>Control strategy: Particulates.</SUBJECT> <P>(a) <E T="03">Part D—Disapproval.</E> The following specific revisions to the Michigan Plan are disapproved:</P> <P>(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.</P> <P>(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.</P> <P>(b) Part D—Conditional Approval—The Michigan overall Plan for primary and secondary nonattainment areas is approved provided that the following conditions are satisfied:</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(5) Rule 336.1350—The State adopts and submits an acceptable inspection method for determining compliance with the rule.</P> <P>(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.</P> <P>(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.</P> <P>(8) Rule 336.1356—The State adopts and submits a clarification of the test methodology to determine compliance with the rule.</P> <P>(9) Rule 336.1357—The State adopts and submits a clarification of the test methodology to determine compliance with the rule.</P> <P>(10) The State adopts and submits a regulation reflecting RACT for coke battery combustion stacks.</P> <P>(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.</P> <P>(12) The State adopts and submits rules requiring RACT for scarfing emissions.</P> <P>(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 <PRTPAGE P="113"/>furnaces and for each of the three emission points at sinter plants.</P> <P>(14) The State conducts additional particulate studies in the Detroit area by September, 1980.</P> <P>(c) <E T="03">Disapprovals.</E> EPA disapproves the following specific revisions to the Michigan Plan:</P> <P>(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).</P> <P>(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 (PM<E T="52">10</E>) 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 PM<E T="52">10</E> at 52 FR 24681.</P> <P>(e)[Reserved]</P> <P>(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.</P> <P>(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.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1174</SECTNO> <SUBJECT>Control strategy: Ozone.</SUBJECT> <P>(a) Part D—Conditional Approval—Michigan Rules 336.1603 and 336.1606 are approved provided that the following conditions are satisfied:</P> <P>(1) <E T="03">Rule 336.1606—</E> 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.</P> <P>(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.</P> <P>(c) Approval—On January 5, 1993, the Michigan Department of Natural Resources submitted a revision to the <PRTPAGE P="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). </P> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>At 59 FR 40828, Aug. 10, 1994 the following paragraph (c) was added to § 52.1174.</P> </EDNOTE> <P>(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.</P> <P>(d) In a letter addressed to David Kee, EPA, dated March 30, 1994, Dennis M. Drake, State of Michigan, stated:</P> <P>(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: </P> <FP SOURCE="FP-1">(i) Large petroleum dry cleaners;</FP> <FP SOURCE="FP-1">(ii) SOCMI air oxidation processes;</FP> <FP SOURCE="FP-1">(iii) High-density polyethylene and polypropylene resin manufacturing; and</FP> <FP SOURCE="FP-1">(iv) Pneumatic rubber tire manufacturing.</FP> <P>(2) (Reserved)</P> <P>(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.</P> <P>(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.</P> <P>(g)[Reserved]</P> <P>(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.</P> <P>(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 NO<E T="52">X</E> and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories (including interim years) <PRTPAGE P="115"/>to the year 2005 for NO<E T="52">X</E> 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, NO<E T="52">X</E> 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.</P> <P>(j)[Reserved]</P> <P>(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.</P> <P>(l) Approval—EPA is approving the section 182(f) oxides of nitrogen (NO<E T="52">X</E>) 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 NO<E T="52">X</E> 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.</P> <P>(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.</P> <P>(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.</P> <P>(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 NO<E T="52">X</E> and VOC, a demonstration of maintenance of the ozone <PRTPAGE P="116"/>NAAQS with projected emission inventories to the year 2007 for NO<E T="52">X</E> 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> <P>(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.</P> <P>(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).</P> <CITA>[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]</CITA> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P> At 63 FR 27494, May 19, 1998, § 52.1174 was amended by adding paragraph (q), effective July 20, 1998.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 52.1175</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <P>(a) The requirements of § 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.</P> <P>(b) [Reserved]</P> <P>(c) The requirements of § 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.</P> <P>(d) <E T="03">Federal compliance schedules.</E> (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.</P> <P>(2) <E T="03">Compliance schedules.</E> (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 <PRTPAGE P="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.</P> <P>(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.</P> <P>(<E T="03">a</E>) 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.</P> <P>(<E T="03">b</E>) December 31, 1973—Sign contracts with fuel suppliers for projected fuel requirements.</P> <P>(<E T="03">c</E>) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications.</P> <P>(<E T="03">d</E>) March 15, 1974—Let contracts for necessary boiler modifications, if applicable.</P> <P>(<E T="03">e</E>) June 15, 1974—Initiate onsite modifications, if applicable.</P> <P>(<E T="03">f</E>) March 31, 1975—Complete onsite modifications, if applicable.</P> <P>(<E T="03">g</E>) July 1, 1975—Achieve final compliance with the applicable July 1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.</P> <P>(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.</P> <P>(<E T="03">a</E>) November 1, 1973—Let necessary contracts for construction.</P> <P>(<E T="03">b</E>) March 1, 1974—Initiate onsite construction.</P> <P>(<E T="03">c</E>) March 31, 1975—Complete onsite construction.</P> <P>(<E T="03">d</E>) July 1, 1975—Achieve final compliance with the applicable July 1, 1975, emission limitation listed in Table 4 of Rule 336.49.</P> <P>(<E T="03">e</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.</P> <P>(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.</P> <P>(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.</P> <P>(<E T="03">a</E>) 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.</P> <P>(<E T="03">b</E>) December 31, 1976—Sign contracts with fuel suppliers for projected fuel requirements.</P> <P>(<E T="03">c</E>) January 31, 1977—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications.</P> <P>(<E T="03">d</E>) March 15, 1977—Let contracts for necessary boiler modifications, if applicable.</P> <P>(<E T="03">e</E>) June 15, 1977—Initiate onsite modifications, if applicable.</P> <P>(<E T="03">f</E>) March 31, 1978—Complete onsite modifications, if applicable.</P> <P>(<E T="03">g</E>) July 1, 1978—Achieve final compliance with the applicable July 1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.</P> <P>(vi) Any owner or operator of a stationary source subject to paragraph <PRTPAGE P="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.</P> <P>(<E T="03">a</E>) November 1, 1976—Let necessary contracts for construction.</P> <P>(<E T="03">b</E>) March 1, 1977—Initiate onsite construction.</P> <P>(<E T="03">c</E>) March 31, 1978—Complete onsite construction.</P> <P>(<E T="03">d</E>) July 1, 1978—Achieve final compliance with the applicable July 1, 1978, mission limitation listed in Table 4 of Rule 336.49.</P> <P>(<E T="03">e</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.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source.</P> <P>(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.</P> <P>(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 §§ 51.261 and 51.262(a) of this chapter.</P> <P>(e) The compliance schedules for the sources identified below are approved as meeting the requirements of § 51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.</P> <GPOTABLE CDEF="s130,r35,r35,r35,r35" COLS="5" OPTS="L2"> <TTITLE> <E T="04">Michigan</E> </TTITLE> <TDESC>[See footnotes at end of table]</TDESC> <BOXHD> <CHED H="1">Source</CHED> <CHED H="1">Location</CHED> <CHED H="1">Regulations involved</CHED> <CHED H="1">Date schedule adopted</CHED> <CHED H="1">Final compliance date</CHED> </BOXHD> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">berrien county</E> </ENT> </ROW> <ROW EXPSTB="00" RUL="02,s"> <ENT I="01">Conoco, Inc.</ENT> <ENT>Berrien</ENT> <ENT>R336.1603, R336.1609</ENT> <ENT>Sept. 26, 1981</ENT> <ENT>Dec. 31, 1982.</ENT> </ROW> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">calhoun county</E> </ENT> </ROW> <ROW EXPSTB="00" RUL="02,s"> <ENT I="01">Clark Oil and Refining Corp</ENT> <ENT>Calhoun</ENT> <ENT>R336.1603 R336.1609</ENT> <ENT>May 14, 1982</ENT> <ENT>Dec. 31, 1982.</ENT> </ROW> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">charlevoix county</E> </ENT> </ROW> <ROW EXPSTB="00" RUL="02,s"> <ENT I="01">Northern Michigan Electric Cooperative Advance Steam Plant </ENT> <ENT>Boyne City </ENT> <ENT>336.1401 (336.49) </ENT> <ENT>Jan. 10, 1980 </ENT> <ENT>Jan. 1, 1985.</ENT> </ROW> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">genesee county</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Buick Motor Division </ENT> <ENT>City of Flint </ENT> <ENT>R336.1301 </ENT> <ENT>May 5, 1980 </ENT> <ENT>Dec. 31, 1982.</ENT> </ROW> <ROW> <ENT I="01">GM Warehousing Dist. Div. Boilers 1 and 2 </ENT> <ENT>Genesee</ENT> <ENT>R336.1331 </ENT> <ENT>Dec. 31, 1981 </ENT> <ENT>Oct. 15, 1983.</ENT> </ROW> <ROW RUL="02,s"> <PRTPAGE P="119"/> <ENT I="01">GM Warehousing Dist. Div. Boilers 3 and 4 </ENT> <ENT>......do </ENT> <ENT>R336.1331 </ENT> <ENT>Dec. 1, 1981 </ENT> <ENT>Oct. 15, 1981.</ENT> </ROW> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">macomb county</E> </ENT> </ROW> <ROW EXPSTB="00" RUL="02,s"> <ENT I="01">New Haven Foundry </ENT> <ENT>Macomb County </ENT> <ENT>R336.1301, R336.1331, R336.1901 </ENT> <ENT>Aug. 14, 1980 </ENT> <ENT>June 30, 1985.</ENT> </ROW> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">midland county</E> </ENT> </ROW> <ROW EXPSTB="00" RUL="02,s"> <ENT I="01">Dow Chemical</ENT> <ENT>Midland</ENT> <ENT>R336.1301 and R336.1331</ENT> <ENT>July 21, 1982</ENT> <ENT>Dec. 31, 1985.</ENT> </ROW> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">monroe county</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Detroit Edison (Monroe plant)</ENT> <ENT>Monroe</ENT> <ENT>336.49</ENT> <ENT>July 7, 1977</ENT> <ENT>Jan. 1, 1985.</ENT> </ROW> <ROW> <ENT I="01">Dundee Cement Company</ENT> <ENT>Dundee</ENT> <ENT>336.41, 44<LI>(336.1301, 336.1331)</LI> </ENT> <ENT>Oct. 17, 1979</ENT> <ENT>Dec. 31, 1983.</ENT> </ROW> <ROW RUL="02,s"> <ENT I="01">Union Camp</ENT> <ENT>Monroe</ENT> <ENT>336.1401<LI>(336.49)</LI> </ENT> <ENT>Jan. 3, 1980</ENT> <ENT>Jan. 1, 1985.</ENT> </ROW> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">muskegon county</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Consumers Power Company (B. C. Cobb)</ENT> <ENT>Muskegon</ENT> <ENT>336.1401<LI>(336.49)</LI> </ENT> <ENT>Dec. 10, 1979</ENT> <ENT>Jan. 1, 1985.</ENT> </ROW> <ROW> <ENT I="01">S. D. Warren Co</ENT> <ENT>Muskegon</ENT> <ENT>336.49 (336.1401)</ENT> <ENT>Oct. 31, 1979</ENT> <ENT>Nov. 1, 1984.</ENT> </ROW> <ROW RUL="02,s"> <ENT I="01">Marathon Oil </ENT> <ENT>......do</ENT> <ENT>336.1603</ENT> <ENT>July 31, 1981</ENT> <ENT>Dec. 31, 1982.</ENT> </ROW> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">saginaw county</E> </ENT> </ROW> <ROW EXPSTB="00" RUL="02,s"> <ENT I="01">Grey Iron Casting and Nodular Iron Casting Plants </ENT> <ENT>Saginaw</ENT> <ENT>R336.1301 </ENT> <ENT>Apr. 16, 1980 </ENT> <ENT>Dec. 31, 1982.</ENT> </ROW> <ROW EXPSTB="04" RUL="02,s"> <ENT I="21"> <E T="04">wayne county</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Boulevard Heating Plant</ENT> <ENT>Wayne</ENT> <ENT>R336.1331</ENT> <ENT>Apr. 28, 1981</ENT> <ENT>Dec. 31, 1982.</ENT> </ROW> <TNOTE>Footnotes:</TNOTE> <TNOTE> <SU>1</SU> For the attainment of the primary standard.</TNOTE> <TNOTE> <SU>2</SU> For the attainment of the secondary standard.</TNOTE> <TNOTE> <SU>3</SU> For the maintenance of the secondary standard.</TNOTE> </GPOTABLE> <WIDE> <P>(f) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of § 51.15 of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.</P> </WIDE> <GPOTABLE CDEF="s140,r50,r50,r50" COLS="4" OPTS="L2"> <TTITLE> <E T="04">Michigan</E> </TTITLE> <BOXHD> <CHED H="1">Source</CHED> <CHED H="1">Location</CHED> <CHED H="1">Regulation involved</CHED> <CHED H="1">Date schedule adopted</CHED> </BOXHD> <ROW EXPSTB="03" RUL="02,s"> <ENT I="21"> <E T="04">bay county</E> </ENT> </ROW> <ROW EXPSTB="00" RUL="02,s"> <ENT I="01">Consumer Power (Karn Plant)</ENT> <ENT>Essexville</ENT> <ENT>336.44</ENT> <ENT>Sept. 18, 1973.</ENT> </ROW> <ROW EXPSTB="03" RUL="02,s"> <ENT I="21"> <E T="04">ottawa county</E> </ENT> </ROW> <ROW EXPSTB="00"> <ENT I="01">Consumer Power Co. (Campbell Plant Units 1, 2)</ENT> <ENT>West Olive</ENT> <ENT>336.44</ENT> <ENT>Sept. 18, 1973.</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10873, May 31, 1972] </CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P> For <E T="04">Federal Register</E> citations affecting § 52.1175, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <PRTPAGE P="120"/> <SECTNO>§ 52.1176</SECTNO> <SUBJECT>Review of new sources and modifications.[Reserved]</SUBJECT> <CITA>[37 FR 10873, May 31, 1972]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1177—52.1179</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1180</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <P>(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.</P> <P>(b) Regulations for preventing significant deterioration of air quality. The provisions of § 52.21 (b) through (w) are hereby incorporated and made a part of the applicable state plan for the State of Michigan.</P> <P>(c) All applications and other information required pursuant to § 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.</P> <CITA>[45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1181</SECTNO> <SUBJECT>Interstate pollution.</SUBJECT> <P>(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.</P> <CITA>[46 FR 30084, June 5, 1981] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1182</SECTNO> <SUBJECT>State boards.</SUBJECT> <P>(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.</P> <CITA>[46 FR 30084, June 5, 1981] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1183</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <P>(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.</P> <P>(b) Regulation for visibility monitoring and new source review. The provisions of §§ 52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of Michigan.</P> <P>(c) <E T="03">Long-term strategy.</E> The provisions of § 52.29 are hereby incorporated and made part of the applicable plan for the State of Michigan.</P> <CITA>[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1184</SECTNO> <SUBJECT>Small business stationary source technical and environmental compliance assistance program.</SUBJECT> <P>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.</P> <CITA>[59 FR 28788, June 3, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1185</SECTNO> <SUBJECT>Control strategy: Carbon monoxide.</SUBJECT> <P>(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.</P> <P>(b) Approval—On November 29, 1994, the Michigan Department of Natural Resources submitted a revision to the <PRTPAGE P="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.</P> <CITA>[61 FR 66609, 66611, Dec. 18, 1996]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart Y—Minnesota</HD> <SECTION> <SECTNO>§ 52.1219</SECTNO> <SUBJECT>Identification of plan—conditional approval.</SUBJECT> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Minnesota Rules relating to Motor Vehicle Emissions parts 7023.1010 to 7023.1105, effective January 8, 1994.</P> <P>(ii) Additional material.</P> <P>(A) Letter from the State of Minnesota to USEPA dated July 5, 1994.</P> <P>(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.</P> <CITA>[59 FR 51863, Oct. 13, 1994, as amended at 62 FR 39123, July 22, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1220</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) Title of plan: “Implementation Plan to Achieve National Ambient Air Quality Standards.”</P> <P>(b) The plan was officially submitted on January 28, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) A revised copy of the State emergency episode criteria was forwarded on February 7, 1972. (Non-regulatory)</P> <P>(2) Information concerning intergovernmental cooperation was submitted by the Minnesota Pollution Control Agency on March 27, 1972.</P> <P>(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.</P> <P>(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)</P> <P>(5) A revised version of the State's regulation APC-3 was submitted by the Governor on July 25, 1972.</P> <P>(6) On June 8, 1973, the Governor of Minnesota submitted a transportation control plan for the Minneapolis-St. Paul Intrastate Air Quality Control Region.<PRTPAGE P="122"/> </P> <P>(7) Information concerning the transportation control plan was submitted on June 18, 1973, by the Minnesota Pollution Control Agency.</P> <P>(8) Compliance schedules were submitted on June 28, 1973, by the Minnesota Pollution Control Agency.</P> <P>(9) Information concerning the transportation control plan was submitted on July 30, 1973, by the Metropolitan Transit Commission.</P> <P>(10) Information concerning the transportation control plan was submitted on August 1, 1973, by the Minnesota Department of Highways.</P> <P>(11) Compliance schedules were submitted on August 9, 1973, by the Minnesota Pollution Control Agency.</P> <P>(12) On November 15, 1974, the Governor of Minnesota submitted recommended Air Quality Maintenance Area identifications.</P> <P>(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.</P> <P>(14) A transportation control plan for the St. Cloud Metropolitan Area was submitted on May 17, 1979, by the Minnesota Pollution Control Agency.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(18) Stipulation Agreement between the State Pollution Control Agency and Erie Mining Company submitted by the State on February 20, 1981.</P> <P>(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.</P> <P>(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.</P> <P>(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:</P> <P>(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.</P> <P>(22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional information was submitted on February 15, 1984, and February 21, 1984.</P> <P>(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, <PRTPAGE P="123"/>and a parking ban on University Avenue within 1 block in either direction of the intersection with Snelling Avenue by December 31, 1989.</P> <P>(i) Incorporation by reference.</P> <P>(A) Amendment to Air Quality Control Plan for Transportation for the Metropolitan Council of the Twin Cities Area dated January 28, 1985.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(ii) Additional Material.</P> <P>(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.</P> <P>(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 <PRTPAGE P="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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the Legislature, and signed into Law on April 29, 1992.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(B) An administrative order for Commercial Asphalt, Inc., dated August 25, 1992, submitted August 31, 1992, for the facility at Red Rock Road.<PRTPAGE P="125"/> </P> <P>(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.</P> <P>(D) An administrative order for Harvest States Cooperatives dated January 26, 1993, submitted February 3, 1993, for the facility at 935 Childs Road.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(H) An administrative order for PM Ag Products, Inc., dated August 25, 1992, submitted August 31, 1992, for the facility at 2225 Childs Road.</P> <P>(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.</P> <P>(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.</P> <P>(K) An administrative order for J.L. Shiely Company dated August 25, 1992, submitted August 31, 1992, for the facility at 1177 Childs Road.</P> <P>(ii) Additional materials.</P> <P>(A) A letter from Charles Williams to Valdas Adamkus dated November 26, 1991, with attachments.</P> <P>(B) A letter from Charles Williams to Valdas Adamkus dated August 31, 1992, with attachments.</P> <P>(C) A letter from Charles Williams to Valdas Adamkus dated November 13, 1992, with attachments.</P> <P>(D) A letter from Charles Williams to Valdas Adamkus dated February 3, 1993, with attachments.</P> <P>(E) A letter from Charles Williams to Valdas Adamkus dated April 30, 1993, with attachments.</P> <P>(F) A letter from Charles Williams to Valdas Adamkus dated October 15, 1993, with attachments.</P> <P>(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).</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(ii) Additional material.<PRTPAGE P="126"/> </P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(ii) Additional information.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(ii) Additional information.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments effective August 24, 1992.</P> <P>(B) Amendments to Rule 7005.3040, effective June 28, 1993.</P> <P>(ii) Additional materials.</P> <P>(A) A letter from Charles Williams to Valdas Adamkus dated August 5, 1992, with attachments.</P> <P>(B) A letter from Charles Williams to Valdas Adamkus dated August 26, 1993, with attachments.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(ii) Additional material.</P> <P>(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.</P> <P>(35) On July 29, 1992, February 11, 1993, and February 25, 1994, the State of Minnesota submitted revisions to its <PRTPAGE P="127"/>State Implementation Plans (SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air Quality Control Region (AQCR) 131.</P> <P>(i) Incorporation by reference.</P> <P>(A) For Continental Nitrogen and Resources Corporation, located in Rosemount, Dakota County, Minnesota:</P> <P>(<E T="03">1</E>) An administrative order, dated and effective July 28, 1992, submitted July 29, 1992.</P> <P>(<E T="03">2</E>) Amendment One to the administrative order, dated and effective February 25, 1994, submitted February 25, 1994.</P> <P>(B) For Northern States Power Company, Inver Hills Generating Facility, located in Dakota County, Minnesota:</P> <P>(<E T="03">1</E>) An administrative order, dated and effective July 28, 1992, submitted July 29, 1992.</P> <P>(<E T="03">2</E>) Amendment one to the administrative order, dated and effective February 25, 1994, submitted February 25, 1994.</P> <P>(C) For Koch Refining Company and Koch Sulfuric Acid Unit, located in the Pine Bend area of Rosemount, Dakota County, Minnesota:</P> <P>(<E T="03">1</E>) An administrative order, identified as Amendment One to Findings and Order by Stipulation, dated and effective March 24, 1992, submitted July 29, 1992.</P> <P>(<E T="03">2</E>) Amendment two to the administrative order, dated and effective January 22, 1993, submitted February 11, 1993.</P> <P>(<E T="03">3</E>) Amendment three to the administrative order, dated and effective February 25, 1994, submitted February 25, 1994.</P> <P>(ii) Additional material.</P> <P>(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.</P> <P>(B) A letter from Charles Williams to Valdas Adamkus dated February 11, 1993, submitting Amendment Two to the administrative order for Koch Refining Company.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) For Gopher Smelting and Refining Company, located in the city of Eagan, Dakota County, Minnesota:</P> <P>(1) An administrative order, dated, submitted, and effective June 22, 1993.</P> <P>(2) Amendment One to the administrative order, dated, submitted, and effective, September 13, 1994.</P> <P>(ii) Additional material.</P> <P>(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.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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. </P> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>At 60 FR 21451, May 2, 1995 the following paragraph (c)(37) was added to § 52.1220.</P> </EDNOTE> <P>(37) On November 23, 1993, the State of Minnesota submitted updated air permitting rules.</P> <P>(i) Incorporation by reference.</P> <P>(A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.</P> <P>(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.</P> <P>(38) On December 22, 1992 and September 30, 1994, the State of Minnesota <PRTPAGE P="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.</P> <P>(i) Incorporation by reference.</P> <P>(A) For Ashland Petroleum Company, located in St. Paul Park, Minnesota:</P> <P>(1) An administrative order, dated and effective December 15, 1992, submitted December 22, 1992.</P> <P>(2) Amendment One to the administrative order, dated and effective September 30, 1994, submitted September 30, 1994.</P> <P>(ii) Additional material.</P> <P>(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.</P> <P>(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.</P> <P>(39)[Reserved]</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017, 7019, and 7023, effective October 18, 1993.</P> <P>(B) Submitted portions of Minnesota Statutes Sections 17.135, 88.01, 88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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).</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(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.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted by the legislature and signed into law on April 29, 1992.</P> <P>(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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100 Subparts 1 and 2, both effective February 28, 1995.</P> <P>(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 <PRTPAGE P="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.</P> <P>(i) Incorporation by reference.</P> <P>(A) Minnesota rules Part 7009.9000, as created and published in the (Minnesota) Register, November 13, 1995, number 477, effective November 20, 1995.</P> <CITA>[37 FR 10874, May 31, 1972]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1220, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 52.1221</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Minnesota plan was evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Photochemical oxidants (hydrocarbons)</CHED> </BOXHD> <ROW> <ENT I="01">Central Minnesota Intrastate</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Southeast Minnesota-La Crosse (Wisconsin) Interstate</ENT> <ENT>II</ENT> <ENT>Ia</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Duluth (Minnesota)-Superior (Wisconsin) Interstate</ENT> <ENT>I</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Metropolitan Fargo-Moorhead Interstate</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Minneapolis-St. Paul Intrastate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>I</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Northwest Minnesota Intrastate</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Southwest Minnesota Intrastate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10874, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1222</SECTNO> <SUBJECT>EPA-approved Minnesota State regulations.</SUBJECT> <P>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 § 52.1220. To the extent that this table conflicts with § 52.1220, § 52.1220 governs.</P> <GPOTABLE CDEF="s50,r50,r50,10,xs84" COLS="5" OPTS="L2,i1"> <TTITLE> <E T="04">Table</E> 52.1222.—EPA <E T="04">Approved Regulations</E> </TTITLE> <BOXHD> <CHED H="1">Rule description</CHED> <CHED H="1">Minnesota rule numbers</CHED> <CHED H="1">Contents of SIP</CHED> <CHED H="1">Effective date</CHED> <CHED H="1">Relevant ¶s in § 52.1220 <SU>1</SU> </CHED> </BOXHD> <ROW> <ENT I="01">Definitions and Abbreviations </ENT> <ENT>7005.0100-.0110 </ENT> <ENT>Full rules except def'n of NESHAP </ENT> <ENT>10/18/93 </ENT> <ENT>b,c20,c40.</ENT> </ROW> <ROW> <ENT I="01">Air Emission Permits </ENT> <ENT>7007.0050-.1850 </ENT> <ENT>Full rules </ENT> <ENT>8/10/93 </ENT> <ENT>b,c3,c5, c24,c26,c39.</ENT> </ROW> <ROW> <ENT I="01">Offsets </ENT> <ENT>7007.4000-.4030 </ENT> <ENT>Full rules </ENT> <ENT>10/18/93 </ENT> <ENT>c33.</ENT> </ROW> <ROW> <ENT I="01">Ambient Air Quality Standards </ENT> <ENT>7009.0010-.0080 </ENT> <ENT>All except 7009.0030 and 7009.0040 </ENT> <ENT>10/18/93 </ENT> <ENT>b,c3,c26.</ENT> </ROW> <ROW> <ENT I="01">Air Pollution Episodes </ENT> <ENT>7009.1000-.1110 </ENT> <ENT>Full rules </ENT> <ENT>10/18/93 </ENT> <ENT>c1,c21.</ENT> </ROW> <ROW> <ENT I="01">Applicability </ENT> <ENT>7011.0010, .0020 </ENT> <ENT>Full rules </ENT> <ENT>10/18/93 </ENT> <ENT>b,c20</ENT> </ROW> <ROW> <ENT I="01">Opacity </ENT> <ENT>7011.0100-.0120 </ENT> <ENT>All except 7011.0120 </ENT> <ENT>10/18/93 </ENT> <ENT>b,c3,c20.</ENT> </ROW> <ROW> <ENT I="01">Fugitive Particulate </ENT> <ENT>7011.0150 </ENT> <ENT>Full rules </ENT> <ENT>10/18/93 </ENT> <ENT>b.</ENT> </ROW> <ROW> <ENT I="01">Indirect Heating Equipment </ENT> <ENT>7011.0500-.0550 </ENT> <ENT>Full rules </ENT> <ENT>10/18/93 </ENT> <ENT>b,c3,c20,c21</ENT> </ROW> <ROW> <ENT I="01">Direct Heating Equipment </ENT> <ENT>7011.0600-.0620 </ENT> <ENT>Full rules </ENT> <ENT>10/18/93 </ENT> <ENT>c20,c21.</ENT> </ROW> <ROW> <ENT I="01">Industrial Process Equipment </ENT> <ENT>7011.0700-.0735 </ENT> <ENT>Full rules </ENT> <ENT>10/18/93 </ENT> <ENT>b,c20</ENT> </ROW> <ROW> <ENT I="01">Portland Cement Plants </ENT> <ENT>7011.0800-.0825 </ENT> <ENT>All except 7011.0810 </ENT> <ENT>10/18/93 </ENT> <ENT>c20,c40.</ENT> </ROW> <ROW> <ENT I="01">Asphalt Concrete Plants </ENT> <ENT>7011.0900-.0920 </ENT> <ENT>All except 7011.0910 </ENT> <ENT>10/18/93 </ENT> <ENT>c20,c40.</ENT> </ROW> <ROW> <ENT I="01">Grain Elevators </ENT> <ENT>7011.1000-.1015 </ENT> <ENT>All except 7011.1005(2) </ENT> <ENT>10/18/93</ENT> <ENT>c20,c25,c40.</ENT> </ROW> <ROW> <ENT I="01">Coal Handling Facilities </ENT> <ENT>7011.1100-.1140 </ENT> <ENT>All except 7011.1130 </ENT> <ENT>10/18/93 </ENT> <ENT>c21.</ENT> </ROW> <ROW> <ENT I="01">Incinerators </ENT> <ENT>7011.1201-.1207 </ENT> <ENT>All rules for “existing sources” <SU>2</SU> </ENT> <ENT>10/18/93 </ENT> <ENT>b,c20,c40.</ENT> </ROW> <ROW> <PRTPAGE P="130"/> <ENT I="01">Sewage Sludge Incinerators </ENT> <ENT>7011.1300-.1325 </ENT> <ENT>All rules for “existing sources”</ENT> <ENT>10/18/93 </ENT> <ENT>c20,c40</ENT> </ROW> <ROW> <ENT I="01">Petroleum Refineries </ENT> <ENT>7011.1400-.1430 </ENT> <ENT>All rules for “existing sources” </ENT> <ENT>10/18/93 </ENT> <ENT>c20,c21.</ENT> </ROW> <ROW> <ENT I="01">Liquid Petroleum and VOC Storage Vessels </ENT> <ENT>7011.1500-.1515 </ENT> <ENT>All rules for “existing sources” </ENT> <ENT>10/18/93 </ENT> <ENT>b,c21.</ENT> </ROW> <ROW> <ENT I="01">Sulfuric Acid Plants </ENT> <ENT>7011.1600-.1630 </ENT> <ENT>All except 7011.1610 </ENT> <ENT>10/18/93 </ENT> <ENT>b,c3,c21,c40</ENT> </ROW> <ROW> <ENT I="01">Nitric Acid Plants </ENT> <ENT>7011.1700-.1725 </ENT> <ENT>All except 7011.1710 </ENT> <ENT>10/18/93 </ENT> <ENT>b,c3,c21,c40.</ENT> </ROW> <ROW> <ENT I="01">Inorganic Fibrous Materials </ENT> <ENT>7011.2100-.2105 </ENT> <ENT>All rules </ENT> <ENT>10/18/93 </ENT> <ENT>c20.</ENT> </ROW> <ROW> <ENT I="01">Stationary Internal Combustion Engine </ENT> <ENT>7011.2300 </ENT> <ENT>Entire rule </ENT> <ENT>10/18/93 </ENT> <ENT>b,c21.</ENT> </ROW> <ROW> <ENT I="01">CEMS </ENT> <ENT>7017.1000 </ENT> <ENT>Entire Rule </ENT> <ENT>10/18/93 </ENT> <ENT>c20.</ENT> </ROW> <ROW> <ENT I="01">Performance Tests </ENT> <ENT>7017.2000 </ENT> <ENT>Entire Rule </ENT> <ENT>10/18/93 </ENT> <ENT>c20.</ENT> </ROW> <ROW> <ENT I="01">Notifications </ENT> <ENT>7019.1000 </ENT> <ENT>Entire Rule </ENT> <ENT>10/18/93 </ENT> <ENT>c20.</ENT> </ROW> <ROW> <ENT I="01">Reports </ENT> <ENT>7019.2000 </ENT> <ENT>Entire Rule </ENT> <ENT>10/18/93 </ENT> <ENT>c20.</ENT> </ROW> <ROW> <ENT I="01">Emission Inventory </ENT> <ENT>7019.3000, .3010 </ENT> <ENT>All rules </ENT> <ENT>10/18/93 </ENT> <ENT>c20,c40.</ENT> </ROW> <ROW> <ENT I="01">Motor Vehicles </ENT> <ENT>7023.0100-.0120 </ENT> <ENT>All rules </ENT> <ENT>10/18/93 </ENT> <ENT>b,c21.</ENT> </ROW> <ROW> <ENT I="01">Open Burning </ENT> <ENT>Portions of Chapter 17 and 88 of MN Statutes </ENT> <ENT>All submitted portions of Sections 17.135, 88.01, 88.02, 88.03, 88.16, 88.17, and 88.171 </ENT> <ENT>1993 </ENT> <ENT>b,c21,c26, c40.</ENT> </ROW> <TNOTE> <SU>1</SU> Recodifications affect essentially all rules but are shown only for substantively revised rules.</TNOTE> <TNOTE> <SU>2</SU> “Existing” sources are sources other than those subject to a new source performance standard.</TNOTE> </GPOTABLE> <CITA TYPE="W">[60 FR 27413, May 24, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1223</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>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.</P> <CITA>[45 FR 40581, June 16, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1224</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) The requirements of § 51.116(c) of this chapter are not met since the plan does not provide for public availability of emission data.</P> <P>(b) <E T="03">Regulation for public availability of emission data.</E> (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.</P> <P>(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.<PRTPAGE P="131"/> </P> <P>(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.</P> <P>(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.</P> <P>(5) Authority of the Regional Administrator to make available information and data was delegated to the Minnesota Pollution Control Agency effective October 6, 1977.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1225</SECTNO> <SUBJECT>Review of new sources and modifications.</SUBJECT> <P>(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.</P> <P>(b)-(d) [Reserved]</P> <P>(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: </P> <EXTRACT> <P>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, <E T="04">Federal Register</E> 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.</P> </EXTRACT> <CITA>[53 FR 17037, May 13, 1988, as amended at 59 FR 21941, Apr. 28, 1994; 60 FR 21451, May 2, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1226—52.1229</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1230</SECTNO> <SUBJECT>Control strategy and rules: Particulates.</SUBJECT> <P>(a) <E T="03">Part D.</E> (1) <E T="03">Approval.</E> 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.</P> <P>(2) <E T="03">No action.</E> USEPA takes no action on the alternative test method provision of Rule 7005.2910.</P> <P>(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 (PM<E T="52">10</E>) 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 PM<E T="52">10</E> at 52 FR 24681.</P> <CITA>[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]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1231—52.1232</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1233</SECTNO> <SUBJECT>Operating permits.</SUBJECT> <P>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 <PRTPAGE P="132"/>or the requirements of USEPA's underlying regulations.</P> <CITA>[60 FR 21451, May 2, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1234</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <P>(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.</P> <P>(b) Regulations for preventing significant deterioration of air quality. The provisions of § 52.21(b) through (w) are hereby incorporated and made a part of the applicable state plan for the State of Minnesota.</P> <P>(c) All applications and other information required pursuant to § 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.</P> <CITA>[45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1235</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1236</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <P>(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.</P> <P>(b) Regulation for visibility monitoring and new source review. The provisions of §§ 52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of Minnesota.</P> <P>(c) <E T="03">Long-term strategy.</E> The provisions of § 52.29 are hereby incorporated and made part of the applicable plan for the State of Minnesota.</P> <CITA>[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1237</SECTNO> <SUBJECT>Control strategy: Carbon monoxide.</SUBJECT> <P>(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.</P> <P>(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.</P> <CITA>[59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart Z—Mississippi</HD> <SECTION> <SECTNO>§ 52.1270</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) <E T="03">Purpose and scope.</E> 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.</P> <P>(b) <E T="03">Incorporation by reference.</E> (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 <E T="04">Federal Register</E> 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 <E T="04">Federal Register</E>. 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.</P> <P>(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.</P> <P>(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.</P> <P>(c) EPA approved regulations.<PRTPAGE P="133"/> </P> <GPOTABLE CDEF="L2,i1,xs72,r100,10,xs60,r100" COLS="5"> <TTITLE>EPA-Approved Mississippi Regulations</TTITLE> <BOXHD> <CHED H="1">State citation</CHED> <CHED H="1">Title/subject</CHED> <CHED H="1">State effective date</CHED> <CHED H="1">EPA approval date</CHED> <CHED H="1">Comments</CHED> </BOXHD> <ROW> <ENT I="01">APC-S-1</ENT> <ENT A="03" O="oi1">Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants</ENT> </ROW> <ROW> <ENT I="01">Section 1 </ENT> <ENT>General </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">02/12/96<LI O="xl">61 FR 5295</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 2 </ENT> <ENT>Definitions </ENT> <ENT O="xl">01/09/94 </ENT> <ENT O="xl">02/12/96<LI O="xl">61 FR 5295</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 3 </ENT> <ENT>Specific Criteria for Sources of Particulate Matter </ENT> <ENT>09/21/96 </ENT> <ENT O="xl">07/15/97<LI O="xl">62 FR 37726</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 4 </ENT> <ENT>Specific Criteria for Sources of Sulfur Compounds </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">02/12/96<LI O="xl">61 FR 5295</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 5 </ENT> <ENT>Specific Criteria for Sources of Chemical Emissions </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">02/12/96<LI O="xl">61 FR 5295</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 6 </ENT> <ENT>New Sources </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">02/12/96<LI O="xl">61 FR 5295 </LI> </ENT> <ENT>Subsection 2 Other Limitations and Subsection 3 NSPS have not been Federally approved.</ENT> </ROW> <ROW> <ENT I="01">Section 7 </ENT> <ENT>Exceptions </ENT> <ENT>02/04/72 </ENT> <ENT O="xl">05/31/72<LI O="xl">37 FR 10875</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 9 </ENT> <ENT>Stack Height Considerations </ENT> <ENT>05/01/86 </ENT> <ENT O="xl">09/23/87<LI O="xl">51 FR 35704</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 10 </ENT> <ENT>Provisions for Upsets, Startups, and Shutdowns</ENT> <ENT>01/09/94 </ENT> <ENT O="xl">02/12/96<LI O="xl">61 FR 5295</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 11 </ENT> <ENT>Severability </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">02/12/96<LI O="xl">61 FR 5295</LI> </ENT> </ROW> <ROW> <ENT I="01">APC-S-2</ENT> <ENT A="03" O="oi1">Mississippi commission On Environmental Quality Permit Regulations for the Construction and/or Operation of Air Equipment</ENT> </ROW> <ROW> <ENT I="01">Section I </ENT> <ENT>General Requirements </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section II </ENT> <ENT>General Standards Applicable to All Permits </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section III </ENT> <ENT>Standards for Granting a State Permit to Operate An Existing Source </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section IV </ENT> <ENT>Application for Permit to Construct and State Permit to Operate New Facility </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section V </ENT> <ENT>Public Participation and Public Availability of Information </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section VI </ENT> <ENT>Application Review </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section VII </ENT> <ENT>Compliance Testing </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section VIII </ENT> <ENT>Emissions Evaluation Report </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section IX </ENT> <ENT>Procedures for Renewal of State Permit to Operate </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section X </ENT> <ENT>Standards for Renewal of State Permit to Operate </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section XI </ENT> <ENT>Reporting and Record Keeping </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <PRTPAGE P="134"/> <ENT I="01">Section XII </ENT> <ENT>Emission Reduction Schedule </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section XIII </ENT> <ENT>Exclusions, Variances, and General Permits </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section XIV </ENT> <ENT>Permit Transfer </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">Section XV </ENT> <ENT>Severability </ENT> <ENT>01/09/94 </ENT> <ENT O="xl">05/02/95<LI O="xl">60 FR 21442</LI> </ENT> </ROW> <ROW> <ENT I="01">APC-S-3</ENT> <ENT A="03" O="oi1">Regulations for Prevention of Air Pollution Emergency Episodes</ENT> </ROW> <ROW> <ENT I="01">Section 1 </ENT> <ENT>General </ENT> <ENT>02/04/72 </ENT> <ENT O="xl">05/31/72<LI O="xl">37 FR 10875</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 2 </ENT> <ENT>Definitions </ENT> <ENT>02/04/72 </ENT> <ENT O="xl">05/31/72<LI O="xl">37 FR 10875</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 3 </ENT> <ENT>Episode Criteria </ENT> <ENT>06/03/88 </ENT> <ENT O="xl">11/13/89<LI O="xl">54 FR 47211</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 4 </ENT> <ENT>Emission Control Action Programs </ENT> <ENT>02/04/72 </ENT> <ENT O="xl">05/31/72<LI O="xl">37 FR 10875</LI> </ENT> </ROW> <ROW> <ENT I="01">Section 5 </ENT> <ENT>Emergency Orders </ENT> <ENT>06/03/88 </ENT> <ENT O="xl">11/13/89<LI O="xl">54 FR 47211</LI> </ENT> </ROW> <ROW> <ENT I="01">APC-S-5</ENT> <ENT A="03" O="oi1">Regulations for the Prevention of Significant Deterioration of Air Quality</ENT> </ROW> <ROW> <ENT I="01">All </ENT> <ENT/> <ENT>09/21/96 </ENT> <ENT O="xl">07/15/97<LI O="xl">62 FR 37726<PRTPAGE P="135"/> </LI> </ENT> </ROW> </GPOTABLE> <P>(d) EPA-approved State Source specific requirements.</P> <GPOTABLE CDEF="s100,10,10,10,xs80" COLS="5" OPTS="L2,i1"> <TTITLE> <E T="04">EPA-Approved Mississippi Source-Specific Requirements</E> </TTITLE> <BOXHD> <CHED H="1">Name of source</CHED> <CHED H="1">Permit number</CHED> <CHED H="1">State effective date</CHED> <CHED H="1">EPA approval date</CHED> <CHED H="1">Comments</CHED> </BOXHD> <ROW> <ENT I="22">None.</ENT> </ROW> </GPOTABLE> <P>(e) [Reserved]</P> <CITA>[62 FR 35442, July 1, 1997, as amended at 62 FR 37726, July 15, 1997; 62 FR 40139, July 25, 1997]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1271</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Mississippi plan was evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Photochemical oxidants (hydrocarbons)</CHED> </BOXHD> <ROW> <ENT I="01">Mobile (Alabama)-Pensacola-Panama City (Florida)-Gulfport (Mississippi) Interstate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>I</ENT> </ROW> <ROW> <ENT I="01">Metropolitan Memphis Interstate</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>I</ENT> </ROW> <ROW> <ENT I="01">Mississippi Delta Intrastate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Northeast Mississippi Intrastate</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10875, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1272</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>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.</P> <CITA>[45 FR 2032, Jan. 10, 1980] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1273</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1275</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <P>(a) The requirements of § 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.</P> <P>(b) The requirements of § 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.</P> <CITA>[39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974; 51 FR 40676, Nov. 7, 1986] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1276</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1277</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) The requirements of § 51.116(c) of this chapter are not met, since the legal authority to provide public availability of emission data is inadequate.</P> <P>(b) <E T="03">Regulation for public availability of emission data.</E> (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 <PRTPAGE P="136"/>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.</P> <P>(2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31.</P> <P>(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.</P> <P>(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.</P> <CITA>[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55330, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1278</SECTNO> <SUBJECT>Control strategy: Sulfur oxides and particulate matter.</SUBJECT> <P>In a letter dated January 30, 1987, the Mississippi Department of Natural Resources certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to: Mississippi Power-Daniel; South Mississippi Electric Power, Hattiesburg-Morrow; E.I. Dupont, Delisle Boilers 1 & 2; and International Paper, Vicksburg.</P> <CITA>[54 FR 25456, June 15, 1989] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1279</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1280</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <P>(a) All applications and other information required pursuant to § 52.21 of this part from sources located or to be located in the State of Mississippi shall be submitted to the Bureau of Pollution Control, Department of Natural Resources, P.O. Box 10385, Jackson, Mississippi 39209.</P> <CITA>[43 FR 26410, June 19, 1978, as amended at 45 FR 34272, May 22, 1980; 45 FR 52741, Aug. 7, 1980; 55 FR 41692, Oct. 15, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1281</SECTNO> <SUBJECT>Original identification of plan section.</SUBJECT> <P>(a) This section identifies the original “Air Implementation Plan for the State of Mississippi” and all revisions submitted by Mississippi that were federally approved prior to July 1, 1997.</P> <P>(b) The plan was officially submitted on February 4, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) A change in the Opacity Regulation, section 2, Appendix C; addition of testing methods, section 8, Appendix C; addition of Permit System, Appendix G and deletion of SO<E T="22">2</E> regulation, section 4, Appendix C submitted on May 4, 1972, by the Mississippi Air and Water Pollution Control Commission.</P> <P>(2) Telegram concerning adoption of plan changes submitted on May 15, 1972, by the Mississippi Air and Water Pollution Control Commission.</P> <P>(3) House Bill number 680 submitted on May 17, 1972, by the Governor.</P> <P>(4) Compliance schedule revisions submitted on March 6, 1973, by the Mississippi Air and Water Pollution Control Commission.</P> <P>(5) Compliance schedule revisions submitted on August 9, 1973, by the Mississippi Air and Water Pollution Control Commission.</P> <P>(6) AQMA identification material submitted on March 14, 1974, by the Mississippi Air and Water Pollution Control Commission.<PRTPAGE P="137"/> </P> <P>(7) Compliance schedules submitted on January 20, 1975, by the Mississippi Air and Water Pollution Control Commission.</P> <P>(8) Revised regulations for the incineration of cotton ginning waste, submitted on August 30 and November 14, 1977, by the Mississippi Air and Water Pollution Control Commission.</P> <P>(9) Revised regulations for open burning, submitted on October 31, 1977, by the Mississippi Air and Water Pollution Control Commission.</P> <P>(10) Revised permit regulations, submitted on March 16, 1978, by the Mississippi Air and Water Pollution Control Commission.</P> <P>(11) Implementation plan revisions for the Jones County, Mississippi total suspended particulate nonattainment area, submitted on March 13, 1979, by the Mississippi Air and Water Pollution Control Commission.</P> <P>(12) Revised regulation APC S-1, section 4.2(b), for emissions of sulfur oxides from the incineration of gas streams containing hydrogen sulfide, submitted on July 3, 1978; and permits containing limits on sulfur oxide emissions from individual flares, submitted on September 13, 1979, by the Mississippi Bureau of Pollution Control (see <E T="04">Federal Register</E> of July 10, 1980).</P> <P>(13) Air Quality Surveillance Plan, submitted on June 1, 1982, by the Mississippi Department of Natural Resources.</P> <P>(14) Incorporation by reference of NSPS and NESHAPS (revised definition of “person”, addition of paragraph 3 to section 6 of APC-S-1, addition of section 8 to APC-S-1, and addition of subparagraph 2.6.3 to APC-S-2), submitted on September 8, 1981, by the Mississippi Bureau of Pollution Control.</P> <P>(15) Revised SO<E T="52">2</E> limit for United Cement Company's Artesia kiln, and NSPS enabling regulation submitted on December 10, 1982, and adoption of six categories of NSPS submitted on December 23, 1982, by the Mississippi Bureau of Pollution Control.</P> <P>(16) Revision to “Air Quality Regulations” and amendment to “Permit Regulations for the Construction and/or Operation of Air Emission Equipment” were submitted by the Mississippi Department of Natural Resources on May 11, 1984.</P> <P>(i) Incorporation by reference. (A) May 11, 1984 letter from the Mississippi Department of Natural Resources to EPA amending Regulations APC-S-1 and APC-S-2.</P> <P>(B) A revision adopted on May 9, 1984, adds Paragraph 3 to Mississippi's “Air Quality Regulations,” APC-S-1, Section 1 “General.”</P> <P>(C) A revision adopted on May 9, 1984, amends Mississippi's “Permit Regulations for the Construction and/or Operation of Air Emission Equipment,” APC-S-2, Paragraph 2.6.2.1.</P> <P>(ii) Other materials—none.</P> <P>(17) Implementation plan for lead, submitted on May 9, 1984, by the Mississippi Department of Natural Resources.</P> <P>(18) Part D and other new source review provisions were submitted by the Mississippi Department of Natural Resources on November 25, 1981.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter dated November 25, 1981 from Mississippi Department of Natural Resources, and Mississippi Regulation APC-S-2, section 2.4.8, “Additional Requirements for a Construction Permit for a New Facility Significantly Impacting an area in which a National Ambient Air Quality Standard is being Exceeded or will be Exceeded”, was adopted by the Mississippi Commission on Natural Resources on November 12, 1981. Subsection 2.4.8.1, 2.4.8.3, and 2.4.8.4 are incorporated by reference.</P> <P>(ii) Additional material.</P> <P>(A) Letter to Jack Ravan from Charlie E. Blalock, dated November 25, 1985, interpreting Mississippi regulations with respect to source coverage and stack heights.</P> <P>(19) Stack height regulations were submitted to EPA on April 1, 1986 by the Mississippi Department of Natural Resources.</P> <P>(i) Incorporation by reference.</P> <P>(A) Mississippi Department of Natural Resources, Bureau of Pollution Control, Appendix C-5, Air Emission Regulations, Regulation APC-S-1, Section 9, which was adopted on March 26, 1986.<PRTPAGE P="138"/> </P> <P>(B) Letter of April 1, 1986 from Mississippi Department of National Resources.</P> <P>(ii) Additional material—none.</P> <P>(20) PM<E T="52">10</E> revisions for the State of Mississippi which were submitted by the Mississippi Department of Natural Resources on July 26, 1988.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revised regulations which became State-effective on June 3, 1988:</P> <P>1. Air Emission Regulations, APC-S-1, Section 2, (16)-(27).</P> <P>2. Permit Regulations . . ., APC-S-2, 2.4.8.1(a), (b), (e), (f) and 2.4.8.3.</P> <P>3. Regulations for the Prevention of Air Pollution Emergency Episodes, APC-S-3, Section 3 and Section 5.</P> <P>(ii) Additional material.</P> <P>(A) Letter of July 26, 1988, from the Mississippi Department of Natural Resources, submitting the Mississippi SIP revisions.</P> <P>Revised SIP narrative:</P> <P>(B) Section 1.15Notification of Public Hearing for Plan Revision for PM<E T="52">10</E> Requirements</P> <P>(C) Section 3.6Legal Authority for the PM<E T="52">10</E> Plan Revision</P> <P>(D) Section 5.5Control Strategy for the Development of Emission Regulations for PM<E T="52">10</E> </P> <P>(E) Section 6.9Control Regulations for PM<E T="52">10</E> Revisions</P> <P>(F) Chapter 9.0Air Monitoring</P> <P>(G) Section 14.1.4Health Effects of the PM<E T="52">10</E> Plan Revisions</P> <P>(H) Section 14.3.4Economic Effects of the PM<E T="52">10</E> Plan Revisions</P> <P>(I) Section 14.5.4Social Effects of the PM<E T="52">10</E> Plan Revisions</P> <P>(J) Section 14.6.4Air Quality Effects of the PM<E T="52">10</E> Revisions</P> <P>(21) Revisions to APC-S-5 of the Mississippi Air Pollution Control Act which were submitted on July 16, 1990.</P> <P>(i) Incorporation by reference. (A) Regulation APC-S-5, Regulations for the Prevention of Significant Deterioration of Air Quality, effective on July 29, 1990.</P> <P>(ii) Other material. (A) Letter of July 16, 1990, from the Mississippi Department of Environmental Quality.</P> <P>(22) Prevention of Significant Deterioration regulation revision to include Nitrogen Dioxide increments for the State of Mississippi which was submitted by the Mississippi Department of Environmental Quality on June 14, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revision to Regulation APC-S-5, Paragraph 1, Regulations for the Prevention of Significant Deterioration of Air Quality, which became State effective on May 28, 1991.</P> <P>(ii) Other material.</P> <P>(A) Letter of June 14, 1991 from the Mississippi Department of Environmental Quality.</P> <P>(B) Letter of March 8, 1991, from the Mississippi Department of Environmental Quality regarding minimum program elements.</P> <P>(23) The Mississippi Department of Environmental Quality has submitted revisions to chapter 15 of the Mississippi Statute on November 19, 1992. These revision address the requirements of section 507 of title V of the CAA and establish the Small Business Stationary Source Technical and Environmental Assistance Program (PROGRAM).</P> <P>(i) Incorporation by reference.</P> <P>(A) Mississippi SIP chapter 15 effective December 19, 1992.</P> <P>(ii) Additional information.</P> <P>(A) January 20, 1994, letter of clarification regarding the appointment of the CAP.</P> <P>(24) The Mississippi Department of Environmental Quality submitted revisions on June 14, 1991, to “Permit Regulations for the construction and/or Operation of Air Emissions Equipment” of Regulation APC-S092. These revisions incorporate “moderate stationary sources” into the existing regulations which are required in 40 CFR part 51, subpart I.</P> <P>(i) Incorporation by reference.</P> <P>(A) Mississippi Commission on Environmental Quality Permit Regulations for the Construction and/or Operation of Air Emissions Equipment, Regulation APC-S092, effective on May 28, 1991.</P> <P>(B) Letter of June 21, 1994, from the Mississippi Office of the Attorney General to the Environmental Protection Agency.</P> <P>(ii) Additional material. None.</P> <P>(25) Revisions to minor source operating permit rules submitted by the Mississippi Department of Environmental Quality on January 26, 1994.<PRTPAGE P="139"/> </P> <P>(i) Incorporation by reference.</P> <P>(A) Regulation APC-S-2, effective January 9, 1994.</P> <P>(ii) Other material. None.</P> <P>(26) The Mississippi Department of Environmental Quality has submitted revision to Regulation APC-S-5. The purpose of this regulation is to adopt by reference Federal regulations for the prevention of significant deterioration of air quality as required by 40 CFR 51.166 and 52.21.</P> <P>(i) Incorporation by reference.</P> <P>(A) Regulations of the prevention of significant deterioration of air quality—Regulation APC-S-5 effective January 9, 1994.</P> <P>(ii) Additional information—None.</P> <P>(27) Amendments to Regulation APC-S-1 “Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants” to be consistent with federal regulations as specified in 40 CFR Part 257.</P> <P>(i) Incorporation by reference. Regulation APC-S-1 “Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants” effective January 9, 1994, except SECTION 8. PROVISIONS FOR HAZARDOUS AIR POLLUTANTS.</P> <P>(ii) Additional material. None.</P> <CITA>[37 FR 10875, May 31, 1972. Redesignated and amended at 62 FR 35442, July 1, 1997]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting redesignated § 52.1281, formerly § 52.1270, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart AA—Missouri</HD> <SECTION> <SECTNO>§ 52.1320</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) Title of plans:</P> <P>(1) “State of Missouri, Kansas City and Out-State Air Quality Control Regions Implementation Plan.”</P> <P>(2) “Implementation Plan for the Missouri Portion of the St. Louis Interstate Air Quality Control Region.”</P> <P>(b) The plans were officially submitted on January 24, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) Budget and manpower projections were submitted by the State Air Conservation Commission (ACC) on February 28, 1972. (Non-regulatory)</P> <P>(2) A memorandum from the State Air Conservation Commission concerning the effects of adopting Appendix B to NO<E T="22">2</E> emissions in the St. Louis area was submitted on March 27, 1972. (Non-regulatory)</P> <P>(3) The determination of the CO air quality data base on the St. Louis area was submitted on May 2, 1972, by the Air Conservation Commission. (Non- regulatory)</P> <P>(4) The emergency episode operations/communications manual for the Kansas City area was submitted on May 11, 1972, by the State Air Conservation Commission. (Non-regulatory)</P> <P>(5) Amendments to the Air Conservation Law, Chapter 203, and plans for air monitoring for outstate Missouri were submitted July 12, 1972, by the Air Conservation Commission.</P> <P>(6) The following amendments to the St. Louis and Kansas City outstate plans were submitted August 8, 1972, by the State ACC: Air Conservation Law, Chapter 203; Kansas City Ordinance, Chapter 18; Regulations XVIII, XX, XXVI (St. Louis); Regulations X, XII, XVII (Kansas City) and Regulations S-11, S-X111 and S-X11 (outstate).</P> <P>(7) Letters discussing transportation control strategy for Kansas City Interstate AQCR submitted by the State ACC on May 11 and 21, 1973. (Non-regulatory)</P> <P>(8) Alert plan for St. Louis County and outstate Missouri was submitted on May 24, 1973, by the ACC. (Regulatory)</P> <P>(9) Copy of the State's analysis of ambient air quality in the Missouri portion of the Metropolitan Kansas City Interstate Air Quality Control Region and recommendation that the area not be designated as an Air Quality Maintenance Area submitted by the Missouri Air Conservation Commission on April 11, 1974. (Non-regulatory)</P> <P>(10) Copy of the State's analysis of the Missouri portion of the Metropolitan St. Louis Interstate Standard Metropolitan Statistical Area (SMSA), the Columbia SMSA and the Springfield SMSA and recommendations for the designation of Air Quality Maintenance Areas submitted by the Missouri Air Conservation Commission on May 6, 1974. (Non-regulatory)<PRTPAGE P="140"/> </P> <P>(11) Compliance Schedules were submitted by the Missouri Air Conservation Commission on June 3 and October 1, 1976.</P> <P>(12) Compliance Schedules were submitted by the Missouri Air Conservation Commission on November 23, 1976.</P> <P>(13) On August 28, 1978, the following revisions were submitted by the Missouri Department of Natural Resources:</P> <P>(i) The recodification of Missouri regulations of July 1, 1976, now contained in Title 10, Division 10 of the Code of State Regulations.</P> <P>(ii) Title 10, Division 10, Chapter 6 of the Code of State Regulations which contains air quality standards, definitions, and reference methods.</P> <P>(iii) Missouri Rule 10 CSR 10-2.200; Rule 10 CSR 10-3.150; and Rule 10 CSR 10-4.190 pertaining to control of SO<E T="22">2</E> from indirect heating sources.</P> <P>(iv) Missouri Rule 10 CSR 10-2.030; Rule 10 CSR 10-3.050; Rule 10 CSR 10-4.030; and 10 CSR 10-5.050 exempting certain process sources from the process weight regulations for particulate matter.</P> <P>(v) Missouri Rule 10 CSR 10-2.190; Rule 10 CSR 10-3.140; Rule 10 CSR 10-4.180; and Rule 10 CSR 10-5.280 which contain the “Standards of Performance for New Stationary Sources,” found at 40 CFR part 60 as in effect on January 18, 1975.</P> <P>(vi) Missouri Rule 10 CSR 10-2.060; Rule 10 CSR 10-3.080; Rule 10 CSR 10-4.060; and Rule 10 CSR 10-5.090 which require continuous opacity monitors for certain sources.</P> <P>(vii) Missouri Rule 10 CSR 10-5.140 for determining settlable acid and alkaline mists is rescinded.</P> <P>(viii) The EPA is taking no action on Rule 10 CSR 10-5.100; 10 CSR 10-2.050, and 10 CSR 10-3.070 which limit fugitive particulate emissions from the handling, transporting and storage of materials in the State of Missouri.</P> <P>(14) On March 12, 1979, the Missouri Department of Natural Resources submitted Rule 10 CSR 10-3.100 and Rule 10 CSR 10-5.150 establishing revised SO<E T="22">2</E> emission limits for primary lead smelters.</P> <P>(15) On March 1, 1979, the Missouri Department of Natural Resources submitted a revision of regulation 10 CSR 10-5.110 revising the allowable emission rates of sulfur dioxide from Union Electric's Sioux and Labadie power plants.</P> <P>(16) On July 2, 1979, the State of Missouri submitted a plan to attain the National Ambient Air Quality Standards for the Kansas City and St. Louis areas of the state designated nonattainment under section 107 of the Clean Air Act, as amended in 1977. Included in the plan are the following approved regulations as amended, in part, in subsequent submittals:</P> <P>(i) Rule 10 CSR 10-2.210 and 10 CSR 10-5.300 Control of Emissions from Solvent Metal Cleaning are approved as RACT;</P> <P>(ii) Rule 10 CSR 10-2.220 and 10 CSR 10-5.310 Liquified Cutback Asphalt Paving Restriated are approved as RACT;</P> <P>(iii) Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage, Loading and Transfer (St. Louis) is approved as RACT.</P> <P>(iv) Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage, Loading and Transfer (Kansas City) is approved as RACT;</P> <P>(v) Rule 10 CSR 10-5.030 Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating is approved as RACT;</P> <P>(vi) Rule 10 CSR 10-5.090 Restriction of Emission of Visible Air Contaminants is approved as RACT;</P> <P>(vii) Rule 10 CSR 10-5.290 More Restrictive Emission Limitations for Sulfur Dioxide and Particulate Matter in South St. Louis is approved as RACT;</P> <P>(viii) Rule 10 CSR 10-2.040 Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating is approved as RACT;</P> <P>(ix) Rule 10 CSR 10-2.240 Restriction of Emissions of Volatile Organic Compounds from Petroleum Refinery Sources is approved as RACT;</P> <P>(x) Rule 10 CSR 10-2.250 Control of Volatile Leaks from Petroleum Refinery Equipment is approved as RACT; and</P> <P>(xi) Rule 10 CSR 10-2.230 and 10 CSR 10-5.330 Control of Emissions from Industrial Surface Coating Operations is approved as RACT.<PRTPAGE P="141"/> </P> <P>(17) On July 2, 1979, the Missouri Department of Natural Resources submitted variances (compliance schedules) for Union Electric Company's Labadie power plant, River Cement Company, and Monsanto Company's Queeny plant. The compliance schedules require these sources to comply with revised Rule 10 CSR 10-5.090. In addition, the Labadie power plant is required to come into compliance with Rule 10 CSR 10-5.030.</P> <P>(18) On April 7, 1980 the State of Missouri submitted plan revisions for the review and permitting of sources of air pollutant emissions in nonattainment areas. Included in the plan are Missouri regulations 10 CSR 10-6.020, Definitions, and 10 CFR 10-6.060, Permits Required, as amended, in part, in subsequent submittals, which are approved as meeting the requirements of sections 172(b)(6), 172(b)(11)(A) and 173.</P> <P>(19) On July 2, 1979, the Missouri Department of Natural Resources submitted the variance for the University of Missouri power plant.</P> <P>(20) On March 11, 1977 the Missouri Department of Natural Resources submitted a variance for Noranda Aluminum.</P> <P>(21) On June 25, 1979 the Missouri Department of Natural Resources submitted a variance for Associated Electric Cooperative in New Madrid.</P> <P>(22) On April 25, 1979, the Missouri Department of Natural Resources submitted the variance for the Union Electric Company's Meramec power plant.</P> <P>(23) Revisions to Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage, Loading and Transfer (Kansas City), submitted on September 5, 1980, amending the vapor pressure limit in Section 2(A) and amending the limit on gasoline loading in Section 3(B)(1), are approved as RACT.</P> <P>(24) A schedule for an inspection and maintenance program in St. Louis and a commitment by the East-West Gateway Coordinating Council regarding difficult transportation control measures, submitted on September 9, 1980.</P> <P>(25) On September 5, 1980, the State of Missouri submitted new regulations and amendments to existing regulations to control emissions of volatile organic compounds in the St. Louis and Kansas City ozone nonattainment areas. Included in the plan revision are the following approved regulations as amended, in part, in subsequent submittals:</P> <P>(i) Amendments to Rule 10 CSR 10-2.230 and to Rule 10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating Operations, are approved as RACT;</P> <P>(ii) Amendments to Rule 10 CSR 10-2.260 and to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading and Transfer, are approved as RACT;</P> <P>(iii) Amendments to Rule 10 CSR 10-6.020, Definitions, and to Rule 10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, and to Rule 10 CSR 10-6.040, Reference Methods, are approved as RACT;</P> <P>(iv) Rule 10 CSR 10-2.280 and Rule 10 CSR 10-5.320, Control of Emissions from Perchloroethylene Dry Cleaning Installations, are approved as RACT;</P> <P>(v) Rule 10 CSR 10-2.290, Control of Emissions from Rotogravure and Flexographic Printing Facilities, is approved as RACT;</P> <P>(vi) Rule 10 CSR 10-5.350, Control of Emissions from the Manufacture of Synthesized Pharmaceutical Products, is approved as RACT;</P> <P>(vii) Rule 10 CSR 10-5.340, Control of Emissions from Rotogravure and Flexographic Printing Facilities is approved as RACT.</P> <P>(26) On September 2, 1980, the Missouri Department of Natural Resources submitted the State Implementation Plan for Lead. On February 11 and 13, 1981, the Missouri Department of Natural Resources submitted two letters containing additional information concerning the State Implementation Plan for Lead.</P> <P>(27) On September 5, 1980, the state of Missouri submitted a plan revision which involved provisions for start-up, shutdown, and malfunction conditions. Included in the plan are new Missouri Rule 10 CSR 10-6.050, Start-up Shutdown, and MalfunctionConditions; and revisions to Rule 10 CSR 10-6.020, Defintions and Amended Start-up, Shutdown and Malfunction Provisions in Rules 10 CSR 10-2.030, 10-3.050, 10-3.060, 10-3.080, 10-4.030, 10-4.040, and 10-5.050.<PRTPAGE P="142"/> </P> <P>(28) Revisions to Rule 10 CSR 10-6.060 Permits Required, submitted on April 7, 1981.</P> <P>(29) A revision to Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage, Loading and Transfer (St. Louis), submitted on April 14, 1981, amending the emission limit in Section 3, is approved as RACT.</P> <P>(30) A report on the recommended type of I/M program, stringency factor, vehicle test mix, and program resources and justification, submitted on December 16, 1980, is approved as meeting the applicable condition on the SIP. No action is being taken with respect to the approvability of the specific recommendation sin the report.</P> <P>(31) A report from the East-West Gateway Coordinating Council outlining commitments to transportation control measures, an analysis of those measures, and the results of the carbon monoxide dispersion modeling, submitted on February 12 and April 28,1981, is approved as meeting the applicable condition on the SIP.</P> <P>(32) A variance from Missouri Rule 10 CSR 10-3.050 Restriction of Emission of Particulate Matter From Industrial Processes, for St. Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the Missouri Department of Natural Resources on May 6, 1981 with supplementary information submitted on June 22 and July 28, 1981.</P> <P>(33) On September 5, 1980, the Missouri Department of Natural Resources submitted a revision of Missouri Rule 10 CSR 10-3.050, Restriction of Emission of Particulate Matter from Industrial Processes, which exempts existing Missouri type charcoal kilns from the rule.</P> <P>(34) A variance from Missouri Rules 10 CSR 10-3.060, Maximum Allowable Emissions of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating, and 10 CSR 10-3.080, Restriction of Emission of Visible Air Contaminants, was submitted by the Missouri Department of Natural Resources on August 12, 1981.</P> <P>(35) A variance from Missouri Rule 10 CSR 10-2.260, Control of Petroleum Liquid Storage, Loading and Transfer for the Kansas City Metropolitan Area, was submitted by the Missouri Department of Natural Resources on June 11, 1981.</P> <P>(36) Revisions to Rule 10 CSR 10-5.340, Control of Emissions from Rotogravure and Flexographic Printing Facilities, submitted on April 15, 1982, are approved as RACT.</P> <P>(37) On April 15, 1982, the State of Missouri submitted a new Rule 10 CSR 10-6.060, Permits Required, and Amendments to Rule 10 CSR 10.6020, Definitions, involving the review and permitting of new sources of air pollution. Included in the plan are provisions relating to the attainment area (PSD) new source review. The plan also includes new source review provisions of nonattainment areas in the State.</P> <P>(38) Revisions to Rules 10 CSR 10-2.280 (Kansas City) and 10 CSR 10-5.320 (St. Louis), both entitled Control of Emissions from Perchloroethylene Dry Cleaning Installations, and 10 CSR 10-5.290, More Restrictive Emission Limitations for Sulfur Dioxide and Particulate Matter in the South St. Louis Area, submitted on July 13, 1982, are approved.</P> <P>(39) [Reserved]</P> <P>(40) The 1982 carbon monoxide and ozone state implementation plan revisions were submitted by the Department of Natural Resources on December 23, 1982. A revised version of the 1982 carbon monoxide and ozone plan was submitted by the Department of Natural Resources on August 24, 1983. This version contained updated inventories, attainment demonstrations and schedules to adopt rules. The submission included new rule 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing Operations. (No action was taken with respect to provisions dealing with control strategy demonstration, reasonable further progress and inspection and maintenance of motor vehicles.)</P> <P>(41) Revised rule 10 CSR 10-1.010, General Organization, was submitted by the Missouri Department of Natural Resources on December 30, 1982.</P> <P>(42) On May 22, 1995, the Governor of Montana submitted revisions to the prevention of significant deterioration regulations in the Administrative Rules of Montana to incorporate changes in the Federal PSD permitting regulations for PM-10 increments.<PRTPAGE P="143"/> </P> <P>(i) Incorporation by reference.</P> <P>(A) Revisions to Administrative Rules of Montana (ARM), rules 16.8.945(3)(c), 16.8.945(21)(d), 16.8.945(24)(d), 16.8.947(1), 16.8.953(7)(a), and 16.8.960(4), effective 10/28/94.</P> <P>(43) On March 26, 1984, the Missouri Department of Natural Resources submitted a revision to the September 2, 1980, lead State Implementation Plan pertaining to item 4 of the consent order for the St. Joe Lead Company. The revision consists of a substitution of equivalent control measures for item 4.</P> <P>(44) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of Emission of Particulate Matter from Industrial Processes, for the St. Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the Missouri Department of Natural Resources on July 1, 1983.</P> <P>(45) The Missouri Department of Natural Resources submitted revisions to regulations 10 CSR 10-2.100, 3.030, 4.090, and 5.070 requiring operating permits for open burning of untreated wood waste at solid waste disposal and processing installations effective April 12, 1984.</P> <P>(46) On June 6, 1984, the Missouri Department of Natural Resources submitted the Air Quality Monitoring State Implementation Plan.</P> <P>(47) In a letter dated August 14, 1984, the Missouri Department of Natural Resources submitted the rules, 10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, and 10 CSR 10-6.040, Reference Methods.</P> <P>(48) Revised rules 10 CSR 10-2.040, 3.060, 4.040 and 5.030 all entitled “Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating” were submitted September 24, 1984, by the Department of Natural Resources.</P> <P>(49) On October 5, 1984, the Missouri Department of Natural Resources submitted a revision to the September 2, 1980, lead State Implementation Plan pertaining to item 6 of the Consent Order for the AMAX Lead Company. The revision consists of a substitution of equivalent control measures for item 6.</P> <P>(50) The Missouri Department of Natural Resources submitted an amendment to Rule 10 CSR 10-5.330 “Control of Emissions from Industrial Surface Coating Operations,” limiting emissions from surface coating of plastic parts and new Rule 10 CSR 10-5.370 “Control of Emissions from the Application of Deadeners and Adhesives” on January 24, 1984; and new Rule 10 CSR 10-5.390, “Control of Emissions from Manufacture of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products” and an amendment to 10 CSR 10-6.020, “Definitions” on April 10, 1984. (Approval action was deferred on 10 CSR 10-5.370.)</P> <P>(51) The motor vehicle inspection and maintenance program for the St. Louis area was submitted August 27, 1984, by the Department of Natural Resources.</P> <P>(i) Incorporation by reference. (A) Amendment to Regulations 10 CSR 10-5.380, “Motor Vehicle Emissions Inspections”, published in the Missouri Register January 3, 1982;</P> <P>(B) Missouri Revised Statutes, Sections 307.350 through 307.395, “Motor Vehicle Safety Inspection”, as revised September 1983;</P> <P>(C) Regulations 11 CSR 50-2.010 through 11 CSR 50-2.410, “Missouri Motor Vehicle Inspection Regulations”, as revised July 1, 1982.</P> <P>(ii) Additional material. (A) I/M Implementation Schedule.</P> <P>(B) Highway Patrol Forms.</P> <P>(C) Missouri Certified Emission Analyzers.</P> <P>(D) Missouri Department of Revenue Policy.</P> <P>(E) Highway Patrol QC Manual.</P> <P>(F) EPA Approval of RACT Compliance.</P> <P>(G) Public Awareness Materials.</P> <P>(52) [Reserved]</P> <P>(53) A rule requiring sources to keep records and report data and requiring emission data to be made public was submitted January 22, 1985, by the Department of Natural Resources. This rule replaces previous rules 10 CSR 10-2.130, 3.130, 4.120, and 5.210, all entitled “Submission of Emission Information” which were approved as parts of the State Implementation Plan; and previous rules 10 CSR 10-2.180, 3.120, 4.170, and 5.270, all entitled “Public Availability of Emission Data” which were not approved prior to the submission of this replacement rule.<PRTPAGE P="144"/> </P> <P>(i) Incorporation by reference. A new regulation 10 CSR 10-6.110 published in the Missouri Register November 1, 1984.</P> <P>(54) A new rule, Controlling Emissions During Episodes of High Air Pollution Potential, was submitted by the Department of Natural Resources on January 22, 1985.</P> <P>(i) Incorporation by reference. 10 CSR 10-6.130, Controlling Emissions During Episodes of High Air Pollution Potential, adopted by the Missouri Air Conservation Commission and effective on October 11, 1984.</P> <P>(ii) Additional material. The State has rescinded rules 10 CSR 10-2.170, 3.110, 4.160, and 5.260, all entitled “Rules for Controlling Emission During Periods of High Air Pollution Potential.”</P> <P>(55) [Reserved]</P> <P>(56) The Missouri Department of Natural Resources submitted the Protection of Visibility Plan, 1985, on May 3, 1985.</P> <P>(i) Incorporation by reference.</P> <P>(A) Amendments to Missouri Rule 10 CSR 10-6.020, Definitions, and Rule 10 CSR 10-6.060, Permits Required. These Amendments were adopted by the Missouri Air Conservation Commission and became effective on May 11, 1985.</P> <P>(ii) Additional material.</P> <P>(A) Narrative description of visibility new source review program for Class I areas in Missouri.</P> <P>(B) Visibility monitoring plan for Class I areas in Missouri.</P> <P>(57) On July 1, 1985, the Missouri Department of Natural Resources submitted amendments to Rules 10 CSR 10-5.220 for the St. Louis Metropolitan Area, and 10 CSR 10-2.260 for the Kansas City Metropolitan Area. The amendments require bulk gasoline plants to be equipped with a vapor recovery system if their monthly throughput is greater than the exemption level.</P> <P>(i) Incorporation by reference.</P> <P>(A) 10 CSR 10-5.220, and 10 CSR 10-2.260, Control of Emissions from Petroleum Liquid Storage, Loading, and Transfer, as published in the Missouri Register on May 1, 1985.</P> <P>(58) A plan revision demonstrating that the ozone standard will be attained in the St. Louis ozone nonattainment area by December 31, 1987, was submitted by the Department of Natural Resources on August 1, 1985.</P> <P>(i) Incorporation by reference.</P> <P>(A) An agreement and variance modification order dated July 18, 1985, signed by the Missouri Air Conservation Commission and the General Motors (GM) Corporation requiring that the GM St. Louis assembly plant meet interim emission limitations and comply with the SIP by shutdown by December 31, 1987.</P> <P>(ii) Additional material.</P> <P>(A) A revised and corrected emission inventory for base year 1980.</P> <P>(B) A revised projected year 1987 inventory demonstrating that the additional emission reductions from two new regulations and one plant shutdown, in addition to reductions already required, will be adequate to reduce ambient ozone concentrations to the National Ambient Air Quality Standard for ozone.</P> <P>(59) A new rule, Control of Emissions from the Production of Maleic Anhydride, was submitted by the Department of Natural Resources on January 21, 1986.</P> <P>(i) Incorporation by reference.</P> <P>(A) 10 CSR 10-5.400, Control of Emissions from the Production of Maleic Anhydride, adopted by the Missouri Air Conservation Commission and effective on October 26, 1985.</P> <P>(60) A plan revision to correct motor vehicle inspection and maintenance testing deficiencies was submitted by the Department of Natural Resources on December 29, 1987.</P> <P>(i) Incorporation by reference. (A) Regulations 11 CSR 50-2.370 and 11 CSR 50-2.400, effective June 25, 1987.</P> <P>(61) On June 9, 1986, the state of Missouri submitted an amendment to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, and Transfer. This amendment requires the control of volatile organic compound emissions from the refueling of motor vehicles in the St. Louis Metropolitan Area.</P> <P>(i) Incorporation by reference.</P> <P>(A) 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, and Transfer, revised paragraphs 4, 5, 6, 7, 8, and 9, published in the Missouri Register on May 1, 1985.<PRTPAGE P="145"/> </P> <P>(62) A new rule, Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants, was submitted by the Department of Natural Resources on November 19, 1986.</P> <P>(i) Incorporation by reference, 10 CSR 10-5.420, Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants, effective on September 26, 1986.</P> <P>(63) An amendment to the rule, Restriction of Emissions of Sulfur Compounds, was submitted by the Department of Natural Resources on November 19, 1986.</P> <P>(i) Incorporation by reference.</P> <P>(A) Amended Regulation 10 CSR 10-3.100, Restriction of Emission of Sulfur Compounds adopted October 16, 1986, and effective on November 28, 1986.</P> <P>(64) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of Emission of Particulate Matter from Industrial Processes, for the St. Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the Missouri Department of Natural Resources on October 22, 1987.</P> <P>(i) Incorporation by reference.</P> <P>(A) Variance order modification dated May 21, 1987, issued to St. Joe Minerals Corporation allowing certain equipment at its Pea Ridge Iron Ore facility to operate beyond the limitations specified in Rule 10 CSR 10-3.050, Restriction of emissions of Particulate Matter from Industrial Processes, for outstate Missouri area, effective May 21, 1987.</P> <P>(65) Revised regulations for the control of volatile organic compound emissions in the Kansas City area were submitted by the Missouri Department of Natural Resources on May 21, 1986, and December 18, 1987. The May 21, 1986, submittal also included anozone attainment demonstration for Kansas City, which will be addressed in a future action.</P> <P>(i) Incorporation by reference. (A) Revision to Rule 10 CSR 10-2.260, Control of Emissions from Petroleum Liquid Storage, Loading, and Transfer, effective May 29, 1986, with amendments effective December 24, 1987.</P> <P>(B) New Rule 10 CSR 10-2.300, Control of Emissions from the Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied Surface Coating Products, effective December 12, 1987.</P> <P>(C) New Rules 10 CSR 10-2.310, Control of Emissions from the Application of Automotive Underbody Deadeners, and 10 CSR 10-2.320, Control of Emissions from Production of Pesticides and Herbicides, effective November 23, 1987.</P> <P>(D) Rescinded Rules 10 CSR 10-2.240, Control of Emissions of Volatile Organic Compounds from Petroleum Refinery Equipment, and 10 CSR 10-2.250, Control of Volatile Leaks from Petroleum Refinery Equipment, effective November 23, 1987.</P> <P>(E) Revision to Rule 10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, effective November 23, 1987, with amendments effective December 24, 1987.</P> <P>(F) Revision to Rule 10 CSR 10-2.210, Control of Emissions from Solvent Metal Cleaning, effective December 12, 1987.</P> <P>(G) Revisions to Rules 10 CSR 10-2.290, Control of Emissions from Rotogravure and Flexographic Printing Facilities, and 10 CSR 10-6.020, Definitions, effective December 24, 1987.</P> <P>(66) The Missouri Department of Natural Resources submitted revisions to its state implementation plan to incorporate PM<E T="52">10</E> on March 29, 1988, May 12, 1988, and June 15, 1988.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revisions to the following Missouri air pollution rules:</P> <FP SOURCE="FP-1">10 CSR 10-6.010Ambient Air Quality Standards</FP> <FP SOURCE="FP-1">10 CSR 10-6.020Definitions</FP> <FP SOURCE="FP-1">10 CSR 10-6.040Reference Methods</FP> <FP SOURCE="FP-1">10 CSR 10-6.060Permits Required</FP> <FP SOURCE="FP-1">10 CSR 10-6.130Controlling Emissions During Episodes of High Air Pollution Potential</FP> <P>These rules were published in the Missouri Register on April 18, 1988, and became effective April 28, 1988.</P> <P>(ii) Additional material.</P> <P>(A) A revision to the Missouri Monitoring Plan was submitted March 29, 1988.</P> <P>(B) A narrative description of the PM<E T="52">10</E> SIP for the state of Missouri was submitted June 15, 1988.</P> <P>(67) Plan revisions were submitted by the Missouri Department of Natural <PRTPAGE P="146"/>Resources on August 18, 1986, and October 18, 1988, which implement EPA's July 8, 1985, revised stack height requirements.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revisions to rules 10 C.S.R. 10-6.020, Definitions, and 10 CSR 10-6.060, Permits Required, effective May 11, 1986.</P> <P>(B) New rule 10 C.S.R. 10-6.140, Restriction of Emissions Credit for Reduced Pollutant Concentrations from the Use of Dispersion Techniques, effective May 11, 1986.</P> <P>(C) Revisions to rule 10 CSR 10-6.020, Definitions, effective August 25, 1988.</P> <P>(68) Revised regulations applicable to air quality models were submitted by the Missouri Department of Natural Resources on October 18, 1988.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revision of rule 10 CSR 10-6.060 “Permits Required,” effective on September 29, 1988.</P> <P>(69) A plan revision to change the construction permit fees was submitted by the Department of Natural Resources on January 24, 1989, and September 27, 1989.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revision to 10 CSR 10-6.060, Permits Required, amended December 19, 1988, effective January 1, 1989.</P> <P>(ii) Additional material.</P> <P>(A) Chapter 643 RSMo (House Bill Number 1187) passed by the General Assembly of the state of Missouri in 1988.</P> <P>(70) The Missouri Department of Natural Resources submitted amendments to Rule 10 CSR 10-2.230 on December 18, 1987, and December 19, 1988. The rule controls volatile organic compound emissions from industrial surface coating facilities in the Kansas City area.</P> <P>(i) Incorporation by reference. (A) Revision to Rule 10 CSR 10-2.230, Control of Emissions from Industrial Surface Coating Operations, effective December 24, 1987, with amendments effective November 24, 1988.</P> <P>(71) Revisions to regulations for controlling volatile organic compound emissions in the St. Louis area were submitted by the Missouri Department of Natural Resources on June 14, 1985; November 19, 1986; and March 30, 1989.</P> <P>(i) Incorporation by reference. (A) New Rule 10 CSR 10-5.410, Control of Emissions from the Manufacture of Polystyrene Resin, effective May 11, 1985, with amendments effective September 26, 1986, and March 11, 1989.</P> <P>(B) Revisions to Rules 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading and Transfer; 10 CSR 10-5.300, Control of Emissions from Solvent Metal Cleaning; 10 CSR 10-5.310, Liquefied Cutback Asphalt Paving Restricted; 10 CSR 10-5.320, Control of Emissions from Perchloroethylene Dry Cleaning Installations; 10 CSR 10-5.340, Control of Emissions from Rotogravure and Flexographic Printing Facilities; 10 CSR 10-5.350, Control of Emissions of Synthesized Pharmaceutical Products; 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing Operations; 10 CSR 10-5.370, Control of Emissions from the Application of Deadeners and Adhesives; 10 CSR 10-5.390, Control of Emissions from the Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied Surface Coating Products; 10 CSR 10-5.420, Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants; and 10 CSR 6.020, Definitions; effective March 11, 1989.</P> <P>(C) Rescinded Rule 10 CSR 10-5.400, Control of Emissions from Production of Maleic Anhydride, effective March 11, 1989.</P> <P>(72) The Missouri Department of Natural Resources submitted new rule 10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating Operations, and amendments to rule 10 CSR 10-6.020, Definitions, on January 11, 1990.</P> <P>(i) Incorporation by reference.</P> <P>(A) New rule 10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating Operations, effective November 26, 1989.</P> <P>(B) Rescinded rule 10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating Operations, effective November 26, 1989.</P> <P>(C) Revisions to rule 10 CSR 10-6.020, Definitions, effective November 26, 1989.</P> <P>(73) A rule revision to establish gasoline tank truck certification requirements in ozone nonattainment areas was submitted by the Department of Natural Resources on July 17, 1990.</P> <P>(i) Incorporation by reference.<PRTPAGE P="147"/> </P> <P>(A) Revision to rule 10 CSR 10-2.260 and 10 CSR 10-5.220 both titled “Control of Petroleum Liquid Storage, Loading, and Transfer” effective May 24, 1990.</P> <P>(74) Revisions to the circumvention plan submitted by the Missouri Department of Natural Resources on September 6, 1990.</P> <P>(i) Incorporation by reference.</P> <P>(A) Rule at 10 CSR 10-6.150, Circumvention, effective November 30, 1990.</P> <P>(B) Rescission of rules 10 CSR 10-2.140, Circumvention; CSR 10-4.130, Circumvention; and 10 CSR 10-5.230, Circumvention, effective September 28, 1990.</P> <P>(75) Plan revisions were submitted by the Missouri Department of Natural Resources on September 25, 1990, which implement EPA's October 17, 1988, PSD NO<E T="52">x</E> requirements.</P> <P>(i) Incorporation by reference</P> <P>(A) Revisions to rules 10 CSR 10-6.020 “Definitions” and 10 CSR 10-6.060 “Permits Required” were adopted by the Missouri Air Conservation Commission on May 14, 1990, and became effective May 24, 1990.</P> <P>(ii) Additional Information</P> <P>(A) Letter from the state dated November 30, 1990, pertaining to NO<E T="52">x</E> rules and analysis which certifies that the material was adopted by the state on May 24, 1990.</P> <P>(76) In submittals dated September 6, 1990, and May 8, 1991, the Missouri Department of Natural Resources submitted a lead NAAQS attainment plan for the Doe Run Herculaneum primary lead smelter. Although Missouri rule 10 CSR 10-6.120 contains requirments which apply statewide to primary lead smelting operations, EPA takes action on this rule only insofar as it pertains to the Doe Run Herculaneum facility. Plan revisions to address the other lead smelters in the state are under development.</P> <P>(i) Incorporation by reference.</P> <P>(A) New rule 10 CSR 10-6.120, Restriction of Emissions of Lead from Primary Lead Smelter-Refinery Installations, effective December 29, 1988, with amendments effective March 14, 1991.</P> <P>(B) Consent order, entered into between the Doe Run Company and the Missouri Department of Natural Resources, dated March 9, 1990.</P> <P>(C) Supplemental consent order, signed by the Doe Run Company on July 26, 1990, and by the Missouri Department of Natural Resources on August 17, 1990.</P> <P>(ii) Additional material.</P> <P>(A) Narrative SIP material, submitted on September 9, 1990. This submittal includes the emissions inventory and attainment demonstration.</P> <P>(B) The Doe Run Herculaneum Work Practice Manual was submitted on May 8, 1991. In the May 8, 1991, submittal letter, the state agreed that any subsequent changes to the work practice manual would be submitted to EPA as SIP revisions.</P> <P>(77) Revisions to the state implementation plan for the Kansas City metropolitan area were submitted by the Director of the Missouri Department of Natural Resources on October 9, 1991. Revisions include a maintenance plan which demonstrates continued attainment of the NAAQS for ozone through the year 2002. Rule revisions were also submitted on October 9, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revised regulations 10 CSR 10-6.020, Definitions, and 10 CSR 10-2.220, Liquefied Cutback Asphalt Paving Restricted, effective August 30, 1991; and new regulation 10 CSR 10-2.340, Control of Emissions from Lithographic Printing Facilities, effective December 9, 1991.</P> <P>(ii) Additional material.</P> <P>(A) State of Missouri Implementation Plan, Kansas City Metropolitan Area Maintenance Provisions, October 1991.</P> <P>(78) The Missouri Department of Natural Resources submitted new rule 10 CSR 10-6.180, Measurement of Emissions of Air Contaminants, on March 4, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) New rule 10 CSR 10-6.180 entitled “Measurement of Emissions of Air Contaminants” published November 19, 1990, effective December 31, 1990.</P> <P>(79) The Missouri Department of Natural Resources submitted an amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-6.030 “Sampling Methods for Air Pollution <PRTPAGE P="148"/>Sources.” On November 20, 1991, Missouri submitted administrative amendments to rule 10 CSR 10-6.030 which renumber and reorganize sections within that rule. Rules which reference the renumbered sections of 10 CSR 10-6.030 were also administratively amended and submitted.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revised regulation 10 CSR 10-6.030 “Sampling Methods for Air Pollution Sources” effective September 30, 1991.</P> <P>(B) Administrative amendments to the sampling citations in the following rules which are affected by the administrative amendments to 10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR 10-2.230, effective November 24, 1988; 10 CSR 10-2.260, effective May 24, 1990; 10 CSR 10-2.280, effective May 13, 1982; 10 CSR 10-2.290, effective December 24, 1987; 10 CSR 10-2.300, effective December 12, 1987; 10 CSR 10-2.310, effective November 23, 1987; 10 CSR 10-2.320, effective November 23, 1987; 10 CSR 10-3.160, effective December 11, 1987; 10 CSR 10-5.220, effective May 24, 1990; 10 CSR 10-5.300, effective March 11, 1989; 10 CSR 10-5.320, effective March 11, 1989; 10 CSR 10-5.330, effective November 26, 1989; 10 CSR 10-5.350, effective March 11, 1989; 10 CSR 10-5.360, effective March 11, 1989; 10 CSR 10-5.370, effective March 11, 1989; 10 CSR 10-5.390, effective March 11, 1989; 10 CSR 10-5.410, effective March 11, 1989; 10 CSR 10-6.090, effective August 13, 1981; and 10 CSR 10-6.120, effective March 14, 1991.</P> <P>(80) On June 28, 1991, the Missouri Department of Natural Resources (MDNR) submitted revisions to the Missouri State Implementation Plan which pertain to the St. Louis vehicle inspection and maintenance program. The Missouri rules contain requirements which apply to both safety and emission testing; EPA takes action on these rules only insofar as they pertain to emissions testing.</P> <P>(i) Incorporation by reference.</P> <P>(A) New rules 11 CSR 50-2.401, General Specifications; 11 CSR 50-2.402, Missouri Analyzer System (MAS) Software Functions; 11 CSR 50-2.403, MAS Display and Program Requirements; 11 CSR 50-2.405, Vehicle Inspection Certificate, Vehicle Inspection Report and Printer Function Specifications; 11 CSR 50-2.406, Technical Specifications for the MAS; and 11 CSR 50-2.407 Documentation, Logistics and Warranty Requirements; (appendix A, B, C), effective June 28, 1990.</P> <P>(B) New rule 11 CSR 50-2.404, Test Record Specifications, effective September 28, 1990.</P> <P>(C) Amended rules 11 CSR 50-2.370 Inspection Station Licensing; 11 CSR 50-2.410, Vehicles Failing Reinspection; and 11 CSR 50-2.420 Procedures for Conducting Only Emission Tests; effective December 31, 1990.</P> <P>(D) Rescinded rule 11 CSR 50-2,400, Emission Test Procedures; effective December 31, 1990.</P> <P>(81) The Missouri Department of Natural Resources submitted a rule action rescinding rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10-5.200, Measurement of Emissions of Air Contaminants for the Kansas City Metropolitan Area, Springfield-Greene County Area, and the St. Louis Metropolitan Area, respectively, on July 9, 1992.</P> <P>(i) Incorporation by reference.</P> <P>(A) Rescission of rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10 CSR 10-5.200 entitled “Measurement of Emissions of Air Contaminants” rescinded April 9, 1992.</P> <P>(82) Revisions to the Missouri State Implementation Plan establishing a Small Business Stationary Source Technical and Environmental Compliance Assistance Program were submitted by the Director of the Missouri Department of Natural Resources on March 10, 1993.</P> <P>(i) Incorporation by reference.</P> <P>(A) Small Business Stationary Source Technical and Environmental Compliance Program dated November 1992 and adopted February 18, 1993.</P> <P>(83) A revision to the Missouri State Implementation Plan (SIP) to incorporate the lead nonattainment areas into the existing new source review (NSR) program was submitted by the state on March 15, 1993. This revision changes the applicability requirements by changing the definition of nonattainment area in the state regulations to include lead nonattainment areas, and to delete the Kansas City area as a nonattainment area in light <PRTPAGE P="149"/>of its attainment of the ozone standard.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective February 26, 1993.</P> <P>(84) The Missouri Department of Natural Resources submitted rule revisions pertaining to rotogravure and flexographic printing facilities in Kansas City, Missouri, and St. Louis, Missouri; and an amendment to the sampling methods rule which adds a compliance test method for the capture efficiency of air pollution control devices. These amendments were submitted September 16 and September 23, 1992.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revised regulations 10 CSR 10-2.290 (except section (6), Compliance Dates) and 10 CSR 10-5.340 (except section (6), Compliance Dates), both entitled Control of Emissions from Rotogravure and Flexographic Printing Facilities, effective February 6, 1992.</P> <P>(B) Revised regulation 10 CSR 10-6.030 (section (20)), effective April 9, 1992.</P> <P>(85)[Reserved]</P> <P>(86) A revision to the Missouri SIP to revise the Missouri Part D new source review rules, update and add numerous definitions, revise the maximum allowable increase for particulate matter under the requirements for prevention of significant deterioration, address emission statements under Title I of the CAA, and generally enhance the SIP.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revision to rules 10 CSR 10-6.020, Definitions and Common Reference Tables, effective August 30, 1995; 10 CSR 10-6.060, Construction Permits Required, effective August 30, 1995; 10 CSR 10-6.110, Submission of Emission Data, Emission Fees, and Process Information, except section 5, effective May 9, 1994; and 10 CSR 10-6.210, Confidential Information, effective May 9, 1994.</P> <P>(87) In submittals dated July 2, 1993; June 30, 1994; and November 23, 1994, MDNR submitted an SIP to satisfy Federal requirements for an approvable nonattainment area lead SIP for the Doe Run primary smelter in Herculaneum, Missouri. Although Missouri rule 10 CSR 10-6.120 contains requirements which apply statewide to primary lead smelting operations, EPA takes action on this rule only insofar as it pertains to the Doe Run Herculaneum facility. Plan revisions to address the other lead smelters in the state are under development.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revised regulation 10 CSR 10-6.120 (section (1), section (2)(B), section (3)) entitled Restriction of Emissions of Lead From Primary Lead Smelter-Refinery Installations, effective August 28, 1994.</P> <P>(B) Consent Order, entered into between the Doe Run Company and MDNR, dated July 2, 1993.</P> <P>(C) Consent Order amendment, signed by the Doe Run Company on March 31, 1994, and by MDNR on April 28, 1994.</P> <P>(D) Consent Order amendment, signed by the Doe Run Company on September 6, 1994, and by MDNR on November 23, 1994.</P> <P>(ii) Additional material.</P> <P>(A) Revisions to the Doe Run Herculaneum Work Practice Manual submitted on July 2, 1993.</P> <P>(B) Revisions to the Doe Run Herculaneum Work Practice Manual submitted on June 30, 1994.</P> <P>(88) This revision submitted by the Missouri Department of Natural Resources on March 31, 1994, relates to intermediate sources, and the EPA is not approving the basic operating permit program. This revision establishes a mechanism for creating federally enforceable limitations. Emission limitations and related provisions which are established in Missouri operating permits as federally enforceable conditions shall be enforceable by EPA. EPA 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 operating permit program requirements or the requirements of EPA's underlying regulations.</P> <P>(i) Incorporation by reference.</P> <P>(A) 10 C.S.R. 10-6.065 (sections 1, 2, 3, 4(C)-(P), 5, and 7) Operating Permits, effective May 9, 1994.</P> <P>(ii) Additional material.</P> <P>(A) Letter from Missouri to EPA Region VII dated November 7, 1994, regarding how Missouri intends to satisfy <PRTPAGE P="150"/>the requirements set forth in the Clean Air Act Amendments at sections 112(l)(5)(A), (B), and (C).</P> <P>(B) Two letters from Missouri to EPA Region VII dated October 3, 1994, and February 10, 1995, supplementing the November 7, 1994, letter and clarifying that Missouri does have adequate authority to limit potential-to-emit of hazardous air pollutants through the state operating permit program.</P> <P>(89) In submittals dated July 2, 1993; June 30, 1994; and November 23, 1994, the Missouri Department of Natural Resources (MDNR) submitted a State Implementation Plan (SIP) to satisfy Federal requirements for an approvable nonattainment area lead SIP for the Doe Run primary and secondary smelter near Bixby, Missouri (Doe Run-Buick). Although Missouri rule 10 CSR 10-6.120 contains requirements which apply statewide to primary lead smelting operations, EPA takes action on this rule insofar as it pertains to the Doe Run-Buick facility. Plan revisions to address the other lead smelters in the state are under development.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revised regulation 10 CSR 10-6.120 (section (2)(C), section (4)) entitled Restriction of Emissions of Lead from Primary Smelter-Refinery Installations, effective August 28, 1994.</P> <P>(B) Consent Order, entered into between the Doe Run Company and MDNR, dated July 2, 1993.</P> <P>(C) Consent Order amendment, signed by the Doe Run Company on August 30, 1994, and by MDNR on November 23, 1994.</P> <P>(ii) Additional material.</P> <P>(A) The Doe Run-Buick Work Practice Manual submitted on July 2, 1993. EPA approves the Work Practice manual with the understanding that any subsequent changes to the Work Practice Manual will be submitted as SIP revisions.</P> <P>(B) Revisions to the Doe Run-Buick Work Practice Manual submitted on June 30, 1994.</P> <P>(90)-(91)[Reserved]</P> <P>(92) On February 14, 1995, the Missouri Department of Natural Resources submitted two new rules which pertain to transportation conformity in Kansas City and St. Louis.</P> <P>(i) Incorporation by reference.</P> <P>(A) New rule 10 CSR 10-2.390 (except section (20) Criteria and Procedures: Interim Period Reductions in Ozone Areas (TIP)) and 10 CSR 10-5.480 (except section (22) Criteria and Procedures: Interim Period Reductions in Ozone Areas (TIP)), both entitled Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective May 28, 1995.</P> <P>(ii) Additional material.</P> <P>(A) Missouri's Air Pollution Control Plan, St. Louis Metropolitan Area Ozone and Carbon Monoxide Transportation Conformity, January 12, 1995.</P> <P>(B) Missouri's Air Pollution Control Plan, Kansas City Metropolitan Area Ozone Transportation Conformity, January 12, 1995.</P> <P>(C) Policy agreement, entered into between the Missouri Department of Natural Resources, the Mid-America Regional Council, and the Highway and Transportation Commission of the state of Missouri, dated August 31, 1993.</P> <P>(D) Letter from the state of Missouri to EPA, dated December 7, 1995, in which the state commits to implementing its state rule consistent with the Federal Transportation Conformity rule, as amended on August 29, 1995, with regards to the granting of an NO<E T="52">x</E> waiver and the NO<E T="52">x</E> conformity requirements.</P> <P>(93) On February 14, 1995, the Missouri Department of Natural Resources (MDNR) submitted a new rule which pertains to general conformity.</P> <P>(i) Incorporation by reference.</P> <P>(A) New rule 10 CSR 10-6.300, entitled Conformity of General Federal Actions to State Implementation Plans, effective May 28, 1995.</P> <P>(94) On April 12, 1995, the Missouri Department of Natural Resources submitted an emissions inventory update to the Kansas City maintenance plan approved by EPA on June 23, 1992. The submittal also establishes a motor vehicle emissions budget for the purpose of fulfilling the requirements of the Federal Transportation Conformity rule.</P> <P>(i) Incorporation by reference.</P> <P>(A) Kansas City Ozone Maintenance SIP Revisions: Emission Inventories <PRTPAGE P="151"/>and Motor Vehicle Emissions Budgets, adopted by the Missouri Air Conservation Commission on March 30, 1995.</P> <P>(95) Plan revisions were submitted by the Missouri Department of Natural Resources on August 14, 1996, which reduce lead emissions from the Asarco primary lead smelter located within the lead nonattainment area defined by the boundaries of the Liberty and Arcadia Townships located in Iron County, Missouri.</P> <P>(i) Incorporation by reference.</P> <P>(A) Rule 10 CSR 10-6.120, Restriction of Emissions of Lead From Primary Lead Smelter—Refinery Installations, except subsection 2(B) and 2(C), and section 4, effective June 30, 1996.</P> <P>(B) Consent Decree Case Number CV596-98CC, STATE OF MISSOURI ex. rel. Jeremiah W. (Jay) Nixon and the Missouri Department of Natural Resources v. ASARCO, INC., Missouri Lead Division, effective July 30, 1996, with Exhibits A, C, D, E, F, and G.</P> <P>(ii) Additional material.</P> <P>(A) Narrative SIP material submitted on August 14, 1996. This submittal includes the emissions inventory and the attainment demonstration.</P> <P>(96) Revisions to the Missouri SIP submitted by the Missouri Department of Natural Resources on March 13, 1996, and August 6, 1996, pertaining to its intermediate operating permit program. The EPA is not approving provisions of the rules which pertain to the basic operating permit program.</P> <P>(i) Incorporation by reference.</P> <P>(A) Regulations 10 C.S.R. 10-6.020, Definitions and Common Reference Tables, effective June 30, 1996; and 10 C.S.R. 10-6.065, Operating Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and (4)(H).</P> <P>(97) On November 20, 1996, the Missouri Department of Natural Resources (MDNR) submitted a revised rule which pertains to general conformity.</P> <P>(i) Incorporation by reference.</P> <P>(A) Rule 10 CSR 10-6.300, entitled Conformity of General Federal Actions to State Implementation Plans, effective September 30, 1996.</P> <P>(98) Revision to the Missouri SIP submitted by the Missouri Department of Natural Resources on July 14, 1997.</P> <P>(i) Incorporation by reference.</P> <P>(A) Missouri Emergency Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor Pressure, effective May 1, 1997, and expires October 27, 1997.</P> <P>(99) Revisions to the ozone attainment plan were submitted by the Governor on February 1, 1996.</P> <P>(i) Incorporation by reference.</P> <P>(A) Missouri Rule 10 CSR 10-2.260, “Control of Petroleum Liquid Storage, Loading, and Transfer,” effective December 30, 1995.</P> <P>(B) Missouri Rule 10 CSR 10-5.220, “Control of Petroleum Liquid Storage, Loading, and Transfer,” effective December 30, 1995.</P> <P>(100) A revision to the Missouri SIP was submitted by the Missouri Department of Natural Resources on February 1, 1996, pertaining to Emission Data, Emission Fees, and Process Information.</P> <P>(i) Incorporation by reference.</P> <P>(A) Missouri Rule 10 CSR 10-6.110, “Emission Data, Emission Fees, and Process Information,” effective December 30, 1995.</P> <P>(101) On January 10, 1997, and February 2, 1997, the Missouri Department of Natural Resources submitted revised rules pertaining to transportation conformity.</P> <P>(i) Incorporation by reference.</P> <P>(A) Regulation 10 CSR 10-2.390, entitled Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective December 30, 1996.</P> <P>(B) Regulation 10 CSR 10-5.480, entitled Conformity to State Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act, effective December 30, 1996.</P> <P>(102) Revised regulations for the control of fugitive particulate matter emissions were submitted by the Missouri Department of Natural Resources (MDNR) on September 25, 1990, and on November 20, 1996.</P> <P>(i) Incorporation by reference.</P> <P>(A) Regulation 10 CSR 10-6.170, entitled Restriction of Particulate Matter Beyond the Premises of Origin, effective November 30, 1990, as amended October 30, 1996.<PRTPAGE P="152"/> </P> <P>(B) Rescission of regulation 10 CSR 10-2.050, entitled Preventing Particulate Matter From Becoming Airborne, effective September 28, 1990.</P> <P>(C) Rescission of regulation 10 CSR 10-3.070, entitled Restriction of Particulate Matter From Becoming Airborne, effective September 28, 1990.</P> <P>(D) Rescission of regulation 10 CSR 10-4.050, entitled Preventing Particulate Matter From Becoming Airborne, effective September 28, 1990.</P> <P>(E) Rescission of regulation 10 CSR 10-5.100, entitled Preventing Particulate Matter From Becoming Airborne, effective on September 28, 1990.</P> <P>(ii) Additional material.</P> <P>(A) Letter from Missouri submitted on February 24, 1997, pertaining to the submission of supplemental documentation.</P> <P>(103) Revisions to the Missouri plan were submitted by the Governor on March 20, 1997.</P> <P>(i) Incorporation by reference.</P> <P>(A) St. Louis City Ordinance 59270, Section 4—Definitions, numbers 80. “Open Burning,” 100. “Refuse,” 108. “Salvage Operation,” and 126. “Trade Waste” only; and Section 12, effective October 23, 1984.</P> <P>(B) St. Louis City Permit No. 96-10-084, issued to Washington University School of Medicine Medical Waste Incinerator, 500 S. Euclid Avenue, effective February 20, 1997.</P> <P>(C) St. Louis City Permit No. 96-10-083, issued to Washington University School of Medicine Pathological Incinerator, 4566 Scott Avenue, effective February 20, 1997.</P> <P>(D) St. Louis City Operating Permit, issued to St. Louis University Medical Center Medical Waste Incinerator, 3628 Rutger Avenue, effective August 3, 1992.</P> <P>(E) Kansas City Air Quality Control Code C.S. No. 56726, Chapter 8, Sections: 8-2, definitions for “Open burning,” “Refuse,” “Salvage operation,” and “Trade waste”; and 8-4, only, effective August 2, 1984.</P> <P>(F) Remove St. Louis City Ordinance 50163, effective June 11, 1968.</P> <P>(G) Remove St. Louis City Ordinance 54699, effective March 27, 1967.</P> <P>(H) Remove St. Louis County Air Pollution Control Code SLCRO, Title VI, Chapter 612, effective February 22, 1967.</P> <P>(I) Remove Kansas City Air Pollution Control Code C.S. No. 36539, Chapter 18, except sections: 18.83—Definitions, subsections (13) “Incinerators” and (15) “Multiple Chamber Incinerators”; and 18.91—Incinerators, effective August 31, 1972.</P> <P>(J) Remove City of Springfield Air Pollution Control Standard G.O. No. 1890, Chapter 2A, except sections: 2A-2—Definitions, the definitions for “Director of Health,” “Existing Equipment,” “Incinerator,” “Multiple-chamber incinerator,” “New equipment,” “Open burning,” “Particulate matter,” “Refuse,” and “Trade waste”; 2A-25; 2A-34; 2A-35; 2A-36; 2A-37; 2A-38; 2A-51; 2A-55; and 2A-56, effective October 12, 1969.</P> <P>(104) [Reserved]</P> <P>(105) Revision to the Missouri SIP submitted by the Missouri Department of Natural Resources on November 13, 1997.</P> <P>(i) Incorporation by reference.</P> <P>(A) Missouri Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor Pressure, effective October 30, 1997.</P> <CITA>[37 FR 10875, May 31, 1972]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1320, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 52.1321</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Missouri plans were evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Photochemical oxidants (hydrocarbons)</CHED> </BOXHD> <ROW> <ENT I="01">Metropolitan Kansas City Interstate</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>I</ENT> <ENT>I</ENT> </ROW> <ROW> <ENT I="01">Southwest Missouri Intrastate</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Southeast Missouri Intrastate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Northern Missouri Intrastate</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <PRTPAGE P="153"/> <ENT I="01">Metropolitan St. Louis Interstate</ENT> <ENT>I</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>I</ENT> <ENT>I</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10875, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1322</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1323</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>(a) With the exceptions set forth in this subpart, the Administrator approves Missouri's plans for the attainment and maintenance of the national standards. 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 successive January of Additional RACT requirements for sources covered by CTGs issued the previous January. New source review permits issued pursuant to section 173 of the Clean Air Act will not be deemed valid by EPA unless the provisions of Section V of the emission offset interpretive rule published on January 16, 1979 (44 FR 3274) are met.</P> <P>(b) The Administrator approves Rule 10 CSR 10-2.290 as identified under § 52.1320, paragraph (c)(65), with the understanding that any alternative compliance plans issued under this rule must be approved by EPA as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP would be the reduction requirements stated in the rule.</P> <P>(c) The Administrator approves Rule 10 CSR 10-2.230 as identified under § 52.1320, paragraph (c)(70), with the understanding that any alternative compliance plans issued under this rule must be approved by EPA as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP would be the emission limits stated in the rule.</P> <P>(d) The Administrator approves Rule 10 CSR 10-5.340 as identified under § 52.1320, paragraph (c)(71), with the understanding that any alternative compliance plans issued under this rule must be approved as individual SIP revisions. In the absence of such approval, the enforceable requirements of the SIP would be the reduction requirements stated in the rule.</P> <P>(e) The Administrator approves Rule 10 CSR 10-5.330 as identified under § 52.1320, paragraph (c)(72), under the following terms, to which the state of Missouri has agreed: Subsections (5)(B)3 and (7)(B) of the rule contain provisions whereby the director of the Missouri Air Pollution Control Program has discretion to establish compliance determination procedures and equivalent alternative emission limits for individual sources. Any such director discretion determinations under this rule must be submitted to EPA for approval as individual SIP revisions. In the absence of EPA approval, the enforceable requirements of the SIP are the applicable emission limit(s) in subsection (4)(B) and the compliance determination provisions stated in subsection(5)(B)1 or (5)(B)2.</P> <P>(f) The Administrator approves Rule 10 CSR 10-6.120 as identified under § 52.1320(c)(76), under the following terms, to which the state of Missouri has agreed. Subparagraph (2)(B)2.B.(IV) contains a provision whereby the Director of the Missouri Department of Natural Resources has discretion to approve revisions to the Doe Run Herculaneum work practice manual. Any revisions to the work practice manual, pursuant to this rule, must be submitted to EPA for approval as an individual SIP revision. Thus, any existing federally approved work practices remain in effect, until such time that subsequent revisions are submitted to EPA and approved as SIP revisions.</P> <P>(g) The Missouri portion of the Kansas City metropolitan area was designated as nonattainment for ozone in <PRTPAGE P="154"/>40 CFR part 81. Therefore, the Administrator approves continuation of the 7.8 RVP limit as federally enforceable in the Kansas City metropolitan area, even after the area is redesignated to attainment, because of its nonattainment designation effective January 6, 1992. Also, the requirement for 7.8 psi RVP volatility is deemed necessary to ensure attainment and maintenance of the ozone standard as demonstrated by the emissions inventory projections (based on use of 7.8 psi RVP) in Missouri's ozone maintenance plan for the Kansas City metropolitan area.</P> <P>(h) The state of Missouri commits to revise 10 CSR 6.300 to remove language in paragraphs (3)(C)4. and (9)(B) which is more stringent than the language in the Federal General Conformity rule. In a letter to Mr. Dennis Grams, Regional Administrator, EPA, dated December 7, 1995, Mr. David Shorr, Director, MDNR, stated: </P> <EXTRACT> <P>We commit to initiating a change in the wording in the above paragraphs [paragraphs (3)(C)4. and (9)(B)] of Missouri rule 10 CSR 10-6.300, and to submit the change to EPA within one year from the date of this letter [December 7, 1995]. We intend that the change will give our rule the same stringency as the General Conformity Rule.</P> </EXTRACT> <P>(i) Emission limitations and related provisions which are established in Missouri's operation permits as federally enforceable conditions shall be enforceable by EPA. EPA 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 operating permit program requirements or the requirements of EPA's underlying regulations.</P> <P>(j) The state of Missouri revised 10 CSR 10-6.300 to remove language in paragraphs (3)(C)4 and (9)(B) which made the language more stringent than that contained in the Federal general conformity rule. This fulfills the requirements of the conditional approval granted effective May 10, 1996, as published on March 11, 1996.</P> <P>(k) The state of Missouri revised 10 CSR 10-2.390 for Kansas City and 10 CSR 10-5.480 for St. Louis to update the transportation conformity requirements contained in 40 CFR Part 51, Subpart T, effective November 14, 1995.</P> <P>(l) The Administrator conditionally approves Missouri emergency rule 10 CSR 10-2.330 under § 52.1320(c)(98). Full approval is contingent on the state submitting the permanent rule, to the EPA, by November 30, 1997.</P> <P>(m) The Administrator approves Missouri rule 10 CSR 10-2.330 under § 52.1320(c)(105). This fulfills the requirements of the conditional approval granted effective November 10, 1997, as published on October 9, 1997.</P> <CITA>[37 FR 10876, May 31, 1972, as amended at 45 FR 24153, Apr. 9, 1980; 45 FR 30630, May 9, 1980; 49 FR 29221, July 19, 1984; 51 FR 31330, Sept. 3, 1986; 51 FR 36012, Oct. 8, 1986; 55 FR 7713, Mar. 5, 1990; 55 FR 46206, Nov. 2, 1990; 57 FR 8077, Mar. 6, 1992; 57 FR 27942, June 23, 1992; 60 FR 22277, May 5, 1995; 60 FR 49343, Sept. 25, 1995; 61 FR 9644, Mar. 11, 1996; 62 FR 26396, May 14, 1997; 62 FR 46881, Sept. 5, 1997; 62 FR 52661, Oct. 9, 1997; 63 FR 20320, Apr. 24, 1998]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1324</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1325</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <P>(a) [Reserved]</P> <P>(b) The requirements of § 51.232(b) of this chapter are not met since the following deficiencies exist in local legal authority.</P> <P>(1) St. Louis County Division of Air Pollution Control:</P> <P>(i) Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).</P> <P>(ii) Authority to make emission data available to the public is inadequate because section 612.350, St. Louis County Air Pollution Control Code, requires confidential treatment in certain circumstances if the data concern secret processes (§ 51.230(f) of this chapter).</P> <P>(2) St. Louis City Division of Air Pollution Control:</P> <P>(i) Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).</P> <P>(ii) Authority to require reports on the nature and amounts of emissions from stationary sources is lacking (§ 51.230(e) of this chapter).</P> <P>(iii) Authority to require installation, maintenance, and use of emission monitoring devices is lacking. Authority to make emission data available to <PRTPAGE P="155"/>the public is inadequate because Section 39 of Ordinance 54699 requires confidential treatment in certain circumstances if the data relate to production or sales figures or to processes or production unique to the owner or operator or would tend to affect adversely the competitive position of the owner or operator (§ 51.230(f) of this chapter).</P> <P>(3) Kansas City Health Department:</P> <P>(i) Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).</P> <P>(4) Independence Health Department:</P> <P>(i) Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).</P> <P>(ii) Authority to make emission data available to the public is lacking since section 11.161 of the code of the city of Independence requires confidential treatment in certain circumstances if the data relate to secret processes or trade secrets affecting methods or results of manufacture (§ 51.230(f) of this chapter).</P> <P>(5) Springfield Department of Health:</P> <P>(i) Authority to abate emissions on an emergency basis is lacking (§ 51.230(c) of this chapter).</P> <P>(ii) Authority to require recordkeeping is lacking (§ 51.230(e) of this chapter).</P> <P>(iii) Authority to make emission data available to the public is inadequate because section 2A-42 of the Springfield City Code requires confidential treatment of such data in certain circumstances (§ 51.230(f) of this chapter).</P> <P>(c) The provisions of § 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.</P> <CITA>[37 FR 23090, Oct. 28, 1972, as amended at 39 FR 7282, Feb. 25, 1974; 51 FR 13001, Apr. 17, 1986; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June 30, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1326—52.1334</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1335</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <P>(a) The compliance schedule for the source identified below is approved as a revision to the plan pursuant to § 51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.</P> <GPOTABLE CDEF="s80,r35,r35,r35,r35,r35" COLS="6" OPTS="L1"> <TTITLE> <E T="04">Missouri</E> </TTITLE> <BOXHD> <CHED H="1">Source</CHED> <CHED H="1">Location</CHED> <CHED H="1">Regulation involved</CHED> <CHED H="1">Adopted date</CHED> <CHED H="1">Effective date</CHED> <CHED H="1">Final compliance date</CHED> </BOXHD> <ROW> <ENT I="01">Pilot Knob Pelleting Co</ENT> <ENT>Pilot Knob, MO</ENT> <ENT>V(10 CSR 10-3.050)</ENT> <ENT>Oct. 19, 1977</ENT> <ENT>Immediately</ENT> <ENT>Dec. 31, 1982.</ENT> </ROW> <ROW> <ENT I="01">Union Electric Labadie power plant</ENT> <ENT>Labadie, MO</ENT> <ENT>10 CSR 10-5.090 and 10 CSR 10-5.030</ENT> <ENT>June 20, 1979</ENT> <ENT>July 20, 1979</ENT> <ENT>Mar. 1, 1984.</ENT> </ROW> <ROW> <ENT I="01">St. Joe Minerals Corp., Pea Ridge Iron Ore Facility</ENT> <ENT>Washington County, MO</ENT> <ENT>10 CSR 10-3,050</ENT> <ENT>Mar. 23, 1983</ENT> <ENT>Mar. 23, 1983</ENT> <ENT>Dec. 31, 1988.</ENT> </ROW> <ROW> <ENT I="01">St. Joe Minerals Corp., Pea Ridge Iron Ore Facility</ENT> <ENT>......do</ENT> <ENT>......do</ENT> <ENT>Apr. 22, 1981</ENT> <ENT>Dec. 28, 1981</ENT> <ENT>July 1, 1985.</ENT> </ROW> <ROW> <ENT I="01">Associated Electric Cooperative, Inc., Thomas Hill Power Plant—Unit 1</ENT> <ENT>Randolph County, MO</ENT> <ENT>10 CSR 10-3.060 and 10 CSR 10-3.080</ENT> <ENT>June 17, 1981</ENT> <ENT>Jan. 12, 1982</ENT> <ENT>June 1, 1984.</ENT> </ROW> <ROW> <ENT I="01">American Oil Co. (AMOCO)</ENT> <ENT>Sugar Creek, MO</ENT> <ENT>10 CSR 10-2.260</ENT> <ENT>Feb. 18, 1981</ENT> <ENT>Oct. 1, 1981</ENT> <ENT>June 1, 1982.</ENT> </ROW> <ROW> <ENT I="01">St. Joe Lead Co</ENT> <ENT>Herculaneum, MO</ENT> <ENT>§ 203.050.1(5) RSM01978</ENT> <ENT>Aug. 15, 1980</ENT> <ENT>Immediately</ENT> <ENT>Oct. 27, 1984.</ENT> </ROW> <ROW> <ENT I="01">AMAX Lead Co</ENT> <ENT>Boss, MO</ENT> <ENT>......do</ENT> <ENT>......do</ENT> <ENT>......do</ENT> <ENT>Apr. 27, 1985. </ENT> </ROW> <ROW> <ENT I="22"/> </ROW> </GPOTABLE> <WIDE> <P>(b) The compliance schedule submitted for the source identified below is disapproved as not meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.</P> </WIDE> <PRTPAGE P="156"/> <GPOTABLE CDEF="s150,r65,r40,r35" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Source</CHED> <CHED H="1">Location</CHED> <CHED H="1">Regulation involved</CHED> <CHED H="1">Date adopted</CHED> </BOXHD> <ROW> <ENT I="01">Columbia Water & Light Department</ENT> <ENT>Columbia</ENT> <ENT>S-VI</ENT> <ENT>Apr. 25, 1973.</ENT> </ROW> <ROW> <ENT I="01">Union Electric: Electric generating facility</ENT> <ENT>Labadie</ENT> <ENT>X</ENT> <ENT>Mar. 28, 1974.</ENT> </ROW> <ROW> <ENT I="01">Do</ENT> <ENT>Portage des Sioux</ENT> <ENT>X</ENT> <ENT>July 25, 1974.</ENT> </ROW> <ROW> <ENT I="01">International Multifoods Corp.: Mechanical sifters</ENT> <ENT>North Kansas City</ENT> <ENT>(<SU>1</SU>)</ENT> <ENT>Aug. 31, 1976.</ENT> </ROW> <ROW> <ENT I="01">Meremac Mining Co., furnace and cooler Nos. 1 through 5</ENT> <ENT>Pea Ridge</ENT> <ENT>II (10 CSR 10-3.050)</ENT> <ENT>Feb. 23, 1977.</ENT> </ROW> <ROW> <ENT I="01">Empire District Electric Co., Power Plant</ENT> <ENT>Asbury Joplin</ENT> <ENT>III (10 CSR 10-3.060) V (10 CSR 10-3.080)</ENT> <ENT>Apr. 27, 1977.</ENT> </ROW> <ROW> <ENT I="01">Missouri Portland Cement Co., clinker cooler No. 1</ENT> <ENT>Sugar Creek</ENT> <ENT>II (10 CSR 10-2.030) V (10 CSR 10-2.060)</ENT> <ENT>June 22, 1977.</ENT> </ROW> <ROW> <ENT I="01">Missouri Public Service Co., Sibley powerplant, unit Nos. 1, 2, and 3</ENT> <ENT>Sibley</ENT> <ENT>III (10 CSR 10-2.040)</ENT> <ENT>June 26, 1977.</ENT> </ROW> <ROW> <ENT I="01">Tamko Asphalt Products, Inc., asphalt saturating line</ENT> <ENT>Joplin</ENT> <ENT>V (10 CSR 10-3.080)</ENT> <ENT>July 26, 1977.</ENT> </ROW> <ROW> <ENT I="01">University of Missouri power plant</ENT> <ENT>Columbia</ENT> <ENT>10 CSR 10-3.060</ENT> <ENT>Feb. 21, 1979.</ENT> </ROW> <ROW> <ENT I="01">Noranda Aluminum, Inc </ENT> <ENT>New Madrid </ENT> <ENT>10 CSR 10-3.050</ENT> <ENT>Feb. 23, 1977.</ENT> </ROW> <ROW> <ENT I="01">Associated Electric Cooperative, Inc., Units 1 and 2</ENT> <ENT>......do</ENT> <ENT>110 CSR 10-3.060</ENT> <ENT>Apr. 18, 1979.</ENT> </ROW> <TNOTE> <SU>1</SU> Regulation IV, air pollution control regulations for Kansas City metropolitan area.</TNOTE> <TNOTE> <E T="04">Note:</E> X=Air Pollution Control Regulations for the St. Louis Metropolitan Area.</TNOTE> </GPOTABLE> <CITA TYPE="W">[39 FR 30835, Aug. 26, 1974] </CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P> For <E T="04">Federal Register</E> citations affecting § 52.1335, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§§ 52.1336—52.1338</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1339</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <P>(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.</P> <P>(b) <E T="03">Long-term strategy.</E> The provisions of § 52.29 are hereby incorporated into the applicable plan for the State of Missouri.</P> <CITA>[52 FR 45138, Nov. 24, 1987]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart BB—Montana</HD> <SECTION> <SECTNO>§ 52.1370</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) Title of plan: “Implementation Plan for Control of Air Pollution in Montana.”</P> <P>(b) The plan was officially submitted on March 22, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) Non-regulatory changes to the plan involving compliance schedules, emergency episodes, and air quality surveillance submitted May 10, 1972, by the State Department of Health.</P> <P>(2) Plan revisions (Regulation 90-001, Part VI, Part VIII, Part XII) submitted June 26, 1972, by the Governor.</P> <P>(3) The Governor submitted the Air Quality Maintenance Area identification to the Administrator on June 24, 1974.</P> <P>(4) The Governor submitted revision to the Air Quality Maintenance Areas on January 25, 1975.</P> <P>(5) Sulfur oxides control strategy and compliance schedule for the American Smelting and Refining Company submitted May 21, 1975, by the Governor.</P> <P>(6) Sulfur oxides control strategy for the Billings and Laurel areas and schedule of Compliance for the Farmers Union Central Exchange (CENEX) refinery in Laurel submitted by the Governor on January 26, 1978.</P> <P>(7) On May 5, September 4, and October 1, 1975, the Governor submitted revisions which amended regulations applicable to incinerators, industrial <PRTPAGE P="157"/>processes, storage of petroleum products, aluminum refineries, and malfunctions.</P> <P>(8) On April 24, and October 4, 1979, the Governor submitted revisions for Anaconda, East Helena, and Laurel—SO<E T="22">2</E>; Billings, Butte, Columbia Falls, Colstrip, East Helena, Great Falls, and Missoula—TSP; Billings and Missoula—CO; and Yellowstone County—ozone. No action is taken with regard to the revised new source review regulation, the revised stack height regulation, or the control strategies for East Helena SO<E T="22">2</E> and Yellowstone County ozone.</P> <P>(9) On February 21, 1980 the Governor submitted a plan revision to meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart C, § 58.20.</P> <P>(10) On April 24, October 4, 1979, and January 7, 1980, the Governor submitted revisions to meet Part D and other sections of the Clean Air Act, as amended in l977. No action is taken with regard to the revised stack height regulation.</P> <P>(11) On April 21, 1982, and April 22, 1982, Montana submitted revisions to the open burning regulation and redesignated the Anaconda area from nonattainment to attainment for sulfur dioxide (SO<E T="22">2</E>).</P> <P>(12) On January 19, 1983, Montana submitted revisions to the State Implementation Plan to meet the requirements of Part C, Subpart 1, and section 110 of the Clean Air Act.</P> <P>(13) On July 20, 1982 Montana submitted revisions which amended the State's rules relating to malfunctions.</P> <P>(14) Revisions to the SIP for Missoula and Billings Carbon Monoxide (CO) and Missoula Total Suspended Particulate (TSP) Attainment Plans were submitted by the Governor on August 14, 1981. A revision specifying a list of statewide source test procedures was submitted by the Governor on September 21, 1981.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from Governor Ted Schwinden to EPA Region VIII Regional Administrator dated September 21, 1981, and document entitled “Montana SDHED-AQB Sampling and Analytical Procedures” as part of the SIP, adopted December 31, 1972.</P> <P>(B) Missoula City Council Resolution Number 4146 approving amendments to Missoula Total Suspended Particulate and Carbon Monoxide Air Quality Attainment Plans, adopted on May 4, 1981.</P> <P>(C) Missoula Board of County Commissioners Resolution number 81-73 approving changes in the Missoula TSP and CO State Implementation Plan, adopted on May 13, 1981.</P> <P>(ii) Additional material.</P> <P>(A) “Missoula SIP Revisions; Revision to Total Suspended Particulates Stategies and Strategy Development and Implementation for Carbon Monoxide,” 1981.</P> <P>(B) Certification of approval by Montana Board of Health and Environmental Sciences on May 28, 1981 of the “Transportation Control Plan” (July, 1980) prepared by Billings-Yellowstone City-County Planning Board.</P> <P>(C) Billings-Yellowstone City-County Planning Board “Transportation Control Plan”, July, 1980, approved on May 28, 1981.</P> <P>(15) On September 29, 1983, the Governor submitted the Montana State Implementation Plan revision for lead.</P> <P>(16) A revision to the East Helena nonattainment plan for sulfur dioxide (SO<E T="22">2</E>) was submitted on June 7, 1982, and supplemental information was submitted October 4, 1983.</P> <P>(17) On September 21, 1981 the Governor submitted a permit which had been issued to the Western Energy Company as required in the conditional approval of the Colstrip TSP plan.</P> <P>(18) In a letter dated March 28, 1986, the Governor submitted modifications to the Montana SIP which revised rules governing stack height and dispersion techniques. In a letter dated November 25, 1985, the Chief of the Air Quality Bureau, Montana, submitted the stack height demonstration analysis with supplemental information submitted on January 28, 1986. EPA is approving the demonstration analysis for all of the stacks except the ASARCO stacks.</P> <P>(i) Incorporation by reference. (A) Revisions to the Administrative Rules of Montana effective on June 13, 1986. The modifications repeal Administrative Rules of Montana (ARM 116.8.1201, 116.8.1202 and 16.8.1203 in Subchapter 12 and adds ARM 16.8.1204 (Definitions), 16.8.1205 (Requirements), and 16.8.1206 (Exemptions).<PRTPAGE P="158"/> </P> <P>(B) Stack height demonstration analysis submitted by the State on November 25, 1985 (except for materials pertaining to ASARCO), and January 28, 1986 (except for meterials pertaining to ASARCO and Appendix A).</P> <P>(19) On August 21, 1985 and September 5, 1989, the Governor of Montana submitted revisions to the plan. The submittal revised existing Prevention of Significant Deterioration (PSD) regulations.</P> <P>(i) Incorporation by reference. (A) Amendments to the Administrative Rules of Montana (ARM) 16.8.921 (27), (Definitions), effective April 1, 1983.</P> <P>(B) Amendments to the Administrative Rules of Montana (ARM) 16.8.921(2), (Definitions), effective September 13, 1985.</P> <P>(C) Amendments to the ARM 16.8.921(21) and (27) (Definitions), ARM 16.8.936 (Exemptions from Review], ARM 1 6.8.937 (Air Quality Models), and ARM 16.8.941 (Class I Variances—General), effective June 16, 1989.</P> <P>(ii) Additional material. (A) February 29, 1988 letter from Douglas Skie, EPA, to Jeffrey Chaffee, Chief of the Montana Air Quality Bureau.</P> <P>(B) September 9, 1988 letter from Jeffrey Chaffee, Chief of the Montana Air Quality Bureau, to Douglas Skie, EPA.</P> <P>(C) December 14, 1988 letter from Douglas Skie, EPA, to Jeffrey Chaffee, Chief of the Montana Air Quality Bureau.</P> <P>(D) April 28, 1989 letter from Jeffrey Chaffee, Chief of the Montana Air Quality Bureau, to Douglas Skie, EPA.</P> <P>(20) A revision to the SIP was submitted by the Governor on August 21, 1985, for visibility monitoring and new source review.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revision to the Montana SIP was made on July 19, 1985, for visibility new source review and monitoring.</P> <P>(B) Revision to the Administrative Rules of Montana (ARM) was made on July 19, 1985, for visibility which includes new regulations ARM 16.8.1001-.1008 and revising ARM 16.8.1107(3).</P> <P>(21) Revisions to Montana TSP SIP for Butte were submitted by Governor Ted Schwinden on February 10, 1983.</P> <P>(i) Incorporation by reference.</P> <P>(A) State of Montana Air Quality Control, Implementation Plan, Chapter 5C, Butte, adopted January 14, 1983.</P> <P>(B) Air quality Permit #1749 for Anaconda Minerals Company filed March 28, 1983.</P> <P>(22) Revisions to the Montana CO SIP for Great Falls were submitted by the Governor on March 28, 1986.</P> <P>(i) Incorporation by reference.</P> <P>(A) Montana Refining Company permit dated October 20, 1985.</P> <P>(B) Stipulation in the matter of the Montana Refining Company dated December 2, 1985.</P> <P>(ii) Additional material. (A) Montana SIP, chapter 5(3)D. Great Falls (Date: March 14, 1986).</P> <P>(B) Pre-filed testimony by the Department of Health and Environmental Services dated February 28, 1986.</P> <P>(23) On March 9, 1988, the Governor submitted a plan revising the State's Air Quality Modeling Rule (16.8.937) and its Particulate Matter, Fuel Burning Equipment Rule (16.8.1402).</P> <P>(i) Incorporation by reference. (A) Modification to the State of Montana Air Quality Rules, that is the Air Quality Modeling rule (16.8.937) and the Particulate Matter, Fuel Burning Equipment rule (16.8.1402) adopted on January 15, 1988.</P> <P>(24) On July 13, 1990, the Governor of Montana submitted revisions to the Montana Air Quality Rules, Sub-chapter 9, Prevention of Significant Deterioration of Air Quality (PSD) Regulations, to incorporate the nitrogen dioxide (NO<E T="52">2</E>) increments.</P> <P>(i) <E T="03">Incorporation by reference.</E> (A) Revisions to the Montana Air Quality Rules, Subchapter 9, Prevention of Significant Deterioration of Air Quality (PSD) effective on July 12, 1990.</P> <P>(ii) <E T="03">Additional material.</E> (A) October 22, 1990 letter from Douglas Skie, EPA, to Jeffrey Chaffee, Chief, Montana Air Quality Bureau.</P> <P>(B) December 4, 1990 letter from Jeffrey Chaffee, Chief, Montana Air Quality Bureau, to Douglas Skie, EPA.</P> <P>(C) January 4, 1991 letter from Jeffrey Chaffee, Chief, Montana Air Quality Bureau, to Douglas Skie, EPA.</P> <P>(D) April 30, 1991 letter from Douglas Skie, EPA, to Jeffrey Chaffee, Chief, Montana Air Quality Bureau.<PRTPAGE P="159"/> </P> <P>(25) On August 20, 1991, the Governor of Montana submitted revisions to the plan for new source performance standards and national emission standards for hazardous air pollutants.</P> <P>(i) <E T="03">Incorporation by reference.</E> </P> <P>(A) Revisions to the Administrative Rules of Montana 16.8.1423, Standards of Performance of New Stationary Sources, and 16.8.1424, Emission Standards for Hazardous Air Pollutants, adopted July 1, 1991, effective July 12, 1991.</P> <P>(ii) <E T="03">Additional material.</E> </P> <P>(A) Letter dated April 20, 1992 from Jeffrey T. Chaffee, Chief of the Montana Air Quality Bureau, to Doug Skie, Chief of Air Programs Branch, EPA Region VIII.</P> <P>(26) On April 2, 1992, the Governor of Montana submitted revisions to the plan. The revisions included amendments to the Montana Air Quality Rules incorporating the July 1, 1991, version of the Montana Quality Assurance Manual and streamlining of the procedure for updating the Quality Assurance Manual.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revisions, as adopted March 31, 1992, to the Montana Air Quality Rules: 16.8.807 Ambient Air Monitoring, 16.8.809 Methods and Data, and the repeal of 16.8.810 Procedures for Reviewing and Revising the Montana Quality Assurance Manual.</P> <P>(27) On April 25, 1988, the Governor submitted a plan to help assure attainment and maintenance of the PM-10 NAAQS throughout the State of Montana.</P> <P>(i) Incorporation by reference.</P> <P>(A) Amendments to the Administrative Rules of Montana (ARM) 16.8.821 (Ambient Air Quality Standards), and ARM 16.8.701, ARM 16.8.806, and ARM 16.8.921 (Definitions), effective April 29, 1988.</P> <P>(B) Amendments to the ARM, subchapter 9 (Prevention of Significant Deterioration): sections 16.8.924, 16.8.925, and 16.8.936, effective April 29, 1988; section 16.8.937, effective March 11, 1988; section 16.8.930, effective April 1, 1988; and sections 16.8.922, 16.8.923, 16.8.926, 16.8.927, 16.8.928, 16.8.929, 16.8.931, 16.8.932, 16.8.933, 16.8.934, 16.8.935, 16.8.938, 16.8.939, 16.8.940, 16.8.941, 16.8.942, 16.8.943, effective January 1, 1983.</P> <P>(C) Amendments to the ARM, subchapter 10 (Visibility Impact Assessment): section 16.8.1007, effective April 29, 1988; and sections 16.8.1001, 16.8.1002, 16.8.1003, 16.8.1004, 16.8.1005, 16.8.1006, and 16.8.1008, effective March 11, 1988; section 16.8.930, effective September 13, 1985.</P> <P>(D) Amendments to the ARM, subchapter 12 (Stack Heights and Dispersion Techniques), sections 16.8.1204, 16.8.1205, and 16.8.1206, effective June 13, 1986.</P> <P>(E) Amendments to the ARM, subchapter 13 (Open Burning), sections 16.8.1301, 16.8.1302, 16.8.1303, 16.8.1304, 16.8.1305, 16.8.1306, 16.8.1307, and 16.8.1308, effective April 16, 1982.</P> <P>(F) Amendments to the ARM, subchapter 14 (Emission Standards): section 16.8.1401, effective February 16, 1979; section 16.8.1402, effective March 11, 1988; section 16.8.1403, effective September 5, 1975; section 16.8.1404, effective June 13, 1986; section 16.8.1406, effective December 29, 1978; section 16.8.1419, effective December 31, 1972; section 16.8.1423, effective March 11, 1988; and section 16.8.1428, effective June 13, 1986.</P> <P>(G) Amendments to the ARM, Sub-Chapter 16 (Combustion Device Tax Credit), sections 16.8.1601 and 16.8.1602, effective December 27, 1985.</P> <P>(H) Appendix G-2, Montana Smoke Management Plan, effective April 15, 1988.</P> <P>(28) On August 20, 1991, the Governor of Montana submitted revisions to the plan for visibility models, new source performance standards, and national emission standards for hazardous air pollutants.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revisions to the Administrative Rules of Montana 16.8.1004, Visibility Models, 16.8.1423, Standards of Performance for New Stationary Sources, and 16.8.1424, Emission Standards for Hazardous Air Pollutants, effective December 25, 1992.</P> <P>(29) The Governor of Montana submitted a portion of the requirements for the moderate nonattainment area PM<E T="52">10</E> State Implementation Plan (SIP) for Butte, Montana with a letter dated July 9, 1992, with technical corrections <PRTPAGE P="160"/>dated May 17, 1993. The submittals were made to satisfy those moderate PM<E T="52">10</E> nonattainment area SIP requirements due for Butte on November 15, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Stipulation signed October 8, 1991 between the Montana Department of Health and Environmental Sciences and the Butte-Silver Bow Council of Commissioners, which delineates responsibilities and authorities between the two entities.</P> <P>(B) Board order issued on November 15, 1991 by the Montana Board of Health and Environmental Sciences approving the Butte-Silver Bow Air Pollution Control Program.</P> <P>(C) Stipulation between the Montana Department of Health and Environmental Sciences (signed September 27, 1991), the Montana Department of Transportation (signed October 4, 1991), and the Butte-Silver Bow Council of Commissioners (signed October 7, 1991) to ensure that Butte-Silver Bow and the Montana Department of Transportation comply with Butte-Silver Bow Council Resolution No. 1307.</P> <P>(D) Butte/Silver Bow Resolution No. 1307, effective March 6, 1991, which addresses sanding and chip sealing standards and street sweeping and flushing requirements.</P> <P>(E) Butte/Silver Bow Ordinance No. 330, effective August 3, 1988, which addresses residential wood burning and idling diesel vehicle and locomotive requirements.</P> <P>(ii) Additional material.</P> <P>(A) Montana Department of Health and Environmental Sciences Air Quality Permit <E T="61">#</E>1636A, with a final modification date of October 26, 1991, for Rhone-Poulenc's elemental phosphorus plant.</P> <P>(B) Montana Department of Health and Environmental Sciences Air Quality Permit <E T="61">#</E>1749-04, with a final modification date of March 20, 1992, for Montana Resources, Inc.'s open pit copper and molybdenum mine, crushing and milling operation and concentrator.</P> <P>(C) Montana Smoke Management Plan, effective April 28, 1988, which addresses prescribed burning requirements.</P> <P>(D) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover.</P> <P>(30) The Governor of Montana submitted a portion of the requirements for the moderate nonattainment area PM<E T="52">10</E> State Implementation Plan (SIP) for Missoula, Montana, and the Missoula City-County Air Pollution Control Program regulations with letters dated August 20, 1991 and June 4, 1992. The submittals were made to satisfy those moderate PM<E T="52">10</E> nonattainment area SIP requirements due for Missoula on November 15, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Stipulation signed April 29, 1991, between the Montana Department of Health and Environmental Sciences and the Missoula City-County Air Pollution Control Board, which delineates responsibilities and authorities between the two entities.</P> <P>(B) Board order issued on June 28, 1991, by the Montana Board of Health and Environmental Sciences approving the comprehensive revised version of the Missoula City-County Air Pollution Control Program.</P> <P>(C) Board order issued on March 20, 1992, by the Montana Board of Health and Environmental Sciences approving the amendments to Missoula City-County Air Pollution Control Program Rule 1401, concerning the use of approved liquid de-icer, and Rule 1428, concerning pellet stoves.</P> <P>(D) Missoula County Rule 1401 (7), effective June 28, 1991, which addresses sanding and chip sealing standards and street sweeping and flushing requirements.</P> <P>(E) Missoula County Rule 1401 (9), effective March 20, 1992, which addresses liquid de-icer requirements.</P> <P>(F) Missoula County Rule 1428, effective June 28, 1991, with revisions to sections (2)(l)-(p), (4)(a)(i), and (4)(c)(vi) of Rule 1428, effective March 20, 1992, which addresses requirements for solid fuel burning devices.</P> <P>(G) Missoula County Rule 1310 (3), effective June 28, 1991, which addresses prescribed wildland open burning.</P> <P>(H) Other Missoula City-County Air Pollution Control Program regulations effective June 28, 1991, as follows: Chapter I. Short Title; Chapter II. Declaration of Policy and Purpose; Chapter III. <PRTPAGE P="161"/>Authorities for Program; Chapter IV. Administration; Chapter V. Control Board, Meetings-Duties-Powers; Chapter VI. Air Quality Staff; Chapter VII. Air Pollution Control Advisory Council; Chapter VIII. Inspections; Chapter IX., Subchapter 7 General Provisions; Chapter IX., Subchapter 14, Emission Standards, Rules 1401, 1402, 1403, 1404, 1406 (with amendments effective March 20, 1992), 1411, 1419, 1425, and 1426; Chapter XI. Enforcement, Judicial Review and Hearings; Chapter XII. Criminal Penalties; Chapter XIII. Civil Penalties; Chapter XIV. Non-Compliance Penalties; Chapter XV. Separability Clause; Chapter XVI. Amendments and Revisions; Chapter XVII. Limitations, and Appendix A, Maps.</P> <P>(ii) Additional material.</P> <P>(A) Montana Department of Health and Environmental Sciences Air Quality Permit #2303-M, with a final modification date of March 20, 1992, for Louisiana-Pacific Corporation's particle board manufacturing facility.</P> <P>(B) Montana Department of Health and Environmental Sciences Air Quality Permit #2589-M, with a final modification date of January 23, 1992, for Stone Container Corporation's pulp and paper mill facility.</P> <P>(C) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover.</P> <P>(31) The Governor of Montana submitted a portion of the requirements for the moderate nonattainment area PM<E T="52">10</E> State Implementation Plan (SIP) for Columbia Falls, Montana with letters dated November 25, 1991, and May 6, 1992, with technical corrections dated June 15, 1993. The submittals were made to satisfy those moderate PM<E T="52">10</E> nonattainment area SIP requirements due for Columbia Falls on November 15, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Stipulation signed November 15, 1991, between the Montana Department of Health and Environmental Sciences, the Flathead County Commission, and the Kalispell City Council and the Columbia Falls City Council, which delineates responsibilities and authorities between the MDHES and Flathead County.</P> <P>(B) Board order issued on November 15, 1991, by the Montana Board of Health and Environmental Sciences approving the Flathead County Air Pollution Control Program.</P> <P>(C) Flathead County Board of Commissioners Resolution No. 867, adopting the Flathead County Air Pollution Control Program and Flathead County Air Pollution Control Regulations, with the exception of rules 501 through 506, signed October 3, 1991.</P> <P>(ii) Additional material.</P> <P>(A) Montana Department of Health and Environmental Sciences Air Quality Permit # 2667-M, with a final modification date of January 24, 1992, for Plum Creek Manufacturing, Inc. Columbia Falls Operations.</P> <P>(B) Montana Smoke Management Plan, effective April 28, 1988, which addresses prescribed burning requirements.</P> <P>(C) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover.</P> <P>(32) On November 6, 1992, Stan Stephens, the Governor of Montana, submitted a SIP revision to the Implementation Plan for the Control of Air Pollution. This revision establishes and requires the implementation of an oxygenated fuels program in Missoula County as required by section 211(m) of the Clean Air Act Amendments of 1990.</P> <P>(i) Incorporation by reference.</P> <P>(A) Missoula City-County Rule 1429, which establishes and requires the implementation of an oxygenated fuel program, as adopted June 9, 1992.</P> <P>(ii) Additional materials.</P> <P>(A) Letter dated November 6, 1992, from Governor Stan Stephens submitting the oxygenated gasoline program SIP revision.</P> <P>(B) Stipulation signed June 12, 1991 between the Montana Department of Health and Environmental Sciences and the Missoula City-County Air Pollution Control Board, which delineates the responsibilities and authorities between the two entities.</P> <P>(C) Board order issued September 25, 1992 by the Montana Board of Health and Environmental Sciences approving amendments to Missoula City-County Air Pollution Control Program, adopting Rule 1429 establishing and implementing an oxygenated fuels program.</P> <P>(33) The Governor of Montana submitted a portion of the requirements <PRTPAGE P="162"/>for the moderate nonattainment area PM<E T="52">10</E> State Implementation Plan (SIP) for Libby, Montana with letters dated November 25, 1991 and May 24, 1993, with technical corrections dated June 3, 1994. The submittals were to satisfy those moderate PM<E T="52">10</E> nonattainment area SIP requirements due for Libby on November 15, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Stipulation signed October 7, 1991 between the Montana Department of Health and Environmental Sciences (MDHES), the County of Lincoln and the City of Libby, which delineates responsibilities and authorities between the MDHES, Lincoln County and Libby.</P> <P>(B) Board order issued on November 15, 1991 by the Montana Board of Health and Environmental Sciences approving the Lincoln County Air Pollution Control Program.</P> <P>(C) Stipulation signed March 18, 1993 between the Montana Department of Health and Environmental Sciences, the County of Lincoln and the City of Libby, seeking approval of amendments to the local air pollution control program.</P> <P>(D) Board order issued on March 19, 1993 by the Montana Board of Health and Environmental Sciences approving amendments to the Lincoln County Air Pollution Control Program.</P> <P>(E) Letter dated February 4, 1993, from Kendra J. Lind, Lincoln County Department of Environmental Health, to Gretchen Bennitt, Air Quality Bureau, Montana Department of Health and Environmental Sciences, which explains the local adoption process and effective date of amendments to the Lincoln County Air Quality Control Program regulations.</P> <P>(F) Lincoln County Board of Commissioners Resolution No. 276, signed December, 23, 1992, and Libby City Council Ordinance No. 1470, signed February 1, 1993, adopting amendments to the Lincoln County Air Quality Control Program regulations 1 through 7.</P> <P>(ii) Additional material.</P> <P>(A) Montana Department of Health and Environmental Sciences Air Quality Permit <E T="61">#</E>2627-M, with a final modification date of July 25, 1991, for Stimson Lumber Company (formerly Champion International Corporation), Libby Facility.</P> <P>(B) Montana Smoke Management Plan, effective April 28, 1988, which addresses prescribed burning requirements.</P> <P>(C) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover.</P> <P>(34) On October 19, 1992, the Governor of Montana submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program to be incorporated into the Montana State Implementation Plan as required by section 507 of the Clean Air Act.</P> <P>(i) Incorporation by reference.</P> <P>(A) Montana Code Annotated, Sections 75-2-106, 75-2-107, 75-2-108, 75-2-109 and 75-2-220, to establish and fund a small business stationary source technical and environmental compliance assistance program, effective April 24, 1993.</P> <P>(ii) Additional materials.</P> <P>(A) October 19, 1992 letter from the Governor of Montana submitting a Small Business Stationary Source Technical and Environmental Compliance Assistance Program plan to EPA.</P> <P>(B) The State of Montana plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted by the Board of Health and Environmental Sciences on September 25, 1992, effective September 25, 1992.</P> <P>(35) The Governor of Montana submitted PM<E T="52">10</E> and CO contingency measures for Missoula, Montana in a letter dated March 2, 1994. The Governor of Montana also submitted the Missoula City-County Air Pollution Control Program in a letter dated August 20, 1991, with amendments submitted in letters dated June 4, 1992 and March 2, 1994. The March 2, 1994 submittal satisfies several commitments made by the State in its original PM<E T="52">10</E> moderate nonattainment area SIP.</P> <P>(i) Incorporation by reference.</P> <P>(A) Board order issued on November 19, 1993 by the Montana Board of Health and Environmental Sciences approving the amendments to Missoula <PRTPAGE P="163"/>City-County Air Pollution Control Program Chapter VII, VIII, and IX, regarding, among other things, the PM<E T="52">10</E> and CO contingency measures, inspections, emergency procedures, permitting, and wood-waste burners.</P> <P>(B) Missoula City-County Chapter IX, Subchapter 3, effective November 19, 1993, which addresses the PM<E T="52">10</E> and CO contingency measure selection process.</P> <P>(C) Missoula City-County Rule 1401(7), effective November 19, 1993, which addresses PM<E T="52">10</E> contingency measure requirements for an expanded area of regulated road sanding materials.</P> <P>(D) Missoula City-County Rule 1428(5) and 1428(7), effective November 19, 1993, which addresses PM<E T="52">10</E> and CO contingency measure requirements for solid fuel burning devices.</P> <P>(E) Missoula City-County Air Pollution Control Program Chapter IX, Subchapter 13, Open Burning, effective June 28, 1991.</P> <P>(F) Other Missoula City-County Air Pollution Control Program regulations effective June 28, 1991, with amendments effective on March 20, 1992 and November 19, 1993, as follows: all portions of Chapter IX, Subchapter 11, Permit, Construction and Operation of Air Contaminant Sources, except, Rules 1102(3), 1105(2), and 1111(2).</P> <P>(G) Other Missoula City-County Air Pollution Control Program regulations effective June 28, 1991, with amendments effective on November 19, 1993, as follows: Chapter IX, Subchapter 4, Emergency Procedures and Chapter IX, Subchapter 14, Rule 1407, Prevention, Abatement and Control of Air Pollution from Wood-Waste Burners.</P> <P>(H) Minor revisions to Missoula City-County Air Pollution Control Program Chapter VII, Air Quality Advisory Council, and Chapter VIII, Inspections, effective on November 19, 1993, as follows: Chapter VII(1) and Chapter VIII(4).</P> <P>(36) The Governor of Montana submitted PM<E T="52">10</E> contingency measures for Butte, Montana in a letter dated August 26, 1994. This submittal also contained revisions to the attainment and maintenance demonstrations for the moderate PM<E T="52">10</E> nonattainment area SIP, due to modifications made to the Air Quality Permit for Montana Resources, Inc.</P> <P>(i) Incorporation by reference.</P> <P>(A) Board order issued on May 20, 1994 by the Montana Board of Health and Environmental Sciences approving the amendments to the Butte/Silver Bow Air Pollution Control Program regarding the PM<E T="52">10</E> contingency measure.</P> <P>(B) Butte/Silver Bow Ordinance No. 468, effective May 20, 1994, which addresses PM<E T="52">10</E> contingency measure requirements for liquid de-icer application.</P> <P>(ii) Additional material.</P> <P>(A) Montana Department of Health and Environmental Sciences Air Quality Permit <E T="61">#</E>1749-05, as revised with a final modification date of January 5, 1994, for Montana Resources, Inc.'s open pit copper and molybdenum mine, crushing and milling operation, and concentrator.</P> <P>(37) The Governor of Montana submitted a SIP revision meeting the requirements for the primary SO<E T="52">2</E> NAAQS State Implementation Plan (SIP) for the East Helena, Montana nonattainment area with a letter dated March 30, 1994. The submittal was to satisfy those SO<E T="52">2</E> nonattainment area SIP requirements due for East Helena on May 15, 1992.</P> <P>(i) Incorporation by reference.</P> <P>(A) Stipulation signed March 15, 1994, between the Montana Department of Health and Environmental Sciences (MDHES) and Asarco, Incorporated, which specifies SO<E T="52">2</E> emission limitations and requirements for the company's primary lead smelter located in East Helena, MT.</P> <P>(B) Board order issued on March 18, 1994, by the Montana Board of Health and Environmental Sciences approving and adopting the control strategy for achieving and maintaining the primary SO<E T="52">2</E> NAAQS in the East Helena area.</P> <P>(38)[Reserved]</P> <P>(39) On May 17, 1994, the Governor of Montana submitted revisions to the Administrative Rules of Montana (ARM) regarding nonattainment new source review, prevention of significant deterioration, general construction permitting, wood waste burners, source test methods, new source performance standards, and national emission standards for hazardous air pollutants. <PRTPAGE P="164"/>Also, the Governor requested that all existing State regulations approved in the SIP be replaced with the October 1, 1979 codification of the ARM as in effect on March 30, 1994. EPA is replacing all of the previously approved State regulations, except ARM 16.8.1302 and 16.8.1307, with those regulations listed in paragraph (c)(39)(i)(A) of this section. ARM 16.8.1302 and 16.8.1307, as in effect on April 16, 1982 and as approved by EPA at 40 CFR 52.1370(c)(11), will remain part of the SIP.</P> <P>(i) Incorporation by reference.</P> <P>(A) Administrative Rules of Montana (ARM) Sections 16.8.201-202, 16.8.301-304, and 16.8.401-404, effective 12/31/72; Section 16.8.701, effective 12/10/93; Section 16.8.704, effective 2/14/87; Section 16.8.705, effective 6/18/82; Section 16.8.707, effective 9/13/85; Sections 16.8.708-709, effective 12/10/93; Sections 16.8.945-963, effective 12/10/93; Sections 16.8.1001-1003, effective 9/13/85; Section 16.8.1004, effective 12/25/92; Sections 16.8.1005-1006, effective 9/13/85; Section 16.8.1007, effective 4/29/88; Section 16.8.1008, effective 9/13/85; Section 16.8.1101, effective 6/16/89; Section 16.8.1102, effective 2/14/87; Section 16.8.1103, effective 6/16/89; Section 16.8.1104, effective 3/16/79; Section 16.8.1105, effective 12/27/91; Sections 16.8.1107 and 16.8.1109, effective 12/10/93; Sections 16.8.1110-1112. effective 3/16/79; Section 16.8.1113, effective 2/14/87; Section 16.8.1114, effective 12/10/93; Sections 16.8.1115, 16.8.1117, and 16.8.1118, effective 3/16/79; Sections 16.8.1119-1120, effective 12/10/93; Sections 16.8.1204-1206, effective 6/13/86; Sections 16.8.1301 and 16.8.1303, effective 4/16/82; Section 16.8.1304, effective 9/11/92; Section 16.8.1305, effective 4/16/82; Section 16.8.1306, effective 4/1/82; Section 16.8.1308, effective 10/16/92; Section 16.8.1401, effective 10/29/93; Section 16.8.1402, effective 3/11/88; Section 16.8.1403, effective 9/5/75; Section 16.8.1404, effective 6/13/86; Section 16.8.1406, effective 12/29/78; Section 16.8.1407, effective 10/29/93; Section 16.8.1411, effective 12/31/72; Section 16.8.1412, effective 3/13/81; Section 16.8.1413, effective 12/31/72; Section 16.8.1419, effective 12/31/72; Sections 16.8.1423, 16.8.1424, and 16.8.1425 (except 16.8.1425(1)(c) and (2)(d)), effective 10/29/93; Section 16.8.1426, effective 12/31/72; Sections 16.8.1428-1430, effective 10/29/93; Section 16.8.1501, effective 2/10/89; Section 16.8.1502, effective 2/26/82; Section 16.8.1503, effective 2/10/89; Sections 16.8.1504-1505, effective 2/26/82; Sections 16.8.1701-1705, effective 12/10/93; and Sections 16.8.1801-1806, effective 12/10/93.</P> <P>(40) The Governor of Montana submitted a PM<E T="52">10</E> plan for Kalispell, Montana in a letter dated November 25, 1991. The Governor of Montana later submitted additional materials in letters dated January 11, 1994, August 26, 1994, and July 18, 1995. The August 26, 1994, and July 18, 1995 submittals also contain the Kalispell Contingency Measure Plan. The August 26, 1994, submittal also contains the Columbia Falls PM<E T="52">10</E> contingency measures and minor revisions to the attainment and maintenance demonstrations for the moderate PM<E T="52">10</E> nonattainment area SIP for Columbia Falls. Finally, the August 26, 1994, submittal contains revisions to the Flathead County Air Pollution Control Program regulations.</P> <P>(i) Incorporation by reference.</P> <P>(A) Stipulations signed September 15, 1993 between the Montana Department of Health and Environmental Sciences and the following industries: A-1 Paving; Equity Supply Company; Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; and Montana Mokko.</P> <P>(B) Stipulations signed September 17, 1993 between the Montana Department of Health and Environmental Sciences and the following industries: Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc. (Evergreen).</P> <P>(C) Board Order issued on September 17, 1993, by the Montana Board of Health and Environmental Sciences enforcing emissions limitations specified by stipulations signed by both the Montana Department of Health and Environmental Services and participating facilities. The participating facilities included: A-1 Paving; Equity Supply Company; Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc. (Evergreen).</P> <P>(D) Flathead County Board of Commissioners Resolution No. 867B, dated <PRTPAGE P="165"/>April 4, 1994, adopting the Flathead County Air Pollution Control Program.</P> <P>(E) Board Order issued May 20, 1994, by the Montana Board of Health and Environmental Sciences approving the Flathead County Air Pollution Control Program.</P> <P>(F) Flathead County Air Pollution Control Program, including all regulations found in Chapter VIII, Sub-Chapters 1-6, effective May 20, 1994.</P> <P>(ii) Additional material.</P> <P>(A) Montana Smoke Management Plan, effective April 28, 1988, which addresses prescribed burning requirements.</P> <P>(B) Federal tailpipe standards, which provide an ongoing benefit due to fleet turnover.</P> <P>(41) The Governor of Montana submitted revisions to the Missoula City-County Air Pollution Control Program in a letter dated March 3, 1995. In addition, the March 3, 1995 submittal satisfies the one remaining commitment made by the State in its original PM<E T="52">10</E> moderate nonattainment area SIP.</P> <P>(i) Incorporation by reference.</P> <P>(A) Board order issued on September 16, 1994 by the Montana Board of Health and Environmental Sciences approving the amendments to Missoula City-County Air Pollution Control Program Chapters IX and XVI regarding, among other things, emergency procedures, paving of private roads, driveways, and parking lots, National standards of performance for new stationary sources, National Emission Standards for Hazardous Air Pollutants, and solid fuel burning devices.</P> <P>(B) Missoula City-County Rule 401, Missoula County Air Stagnation Plan, effective September 16, 1994.</P> <P>(C) Missoula City-County Rule 1401, Prevent Particulate Matter from Being Airborne, effective September 16, 1994.</P> <P>(D) Missoula City-County Rule 1423, Standard of Performance for New Stationary Sources, effective September 16, 1994.</P> <P>(E) Missoula City-County Rule 1424, Emission Standards for Hazardous Air Pollutants, effective September 16, 1994.</P> <P>(F) Missoula City-County Rule 1428, Solid Fuel Burning Devices, effective September 16, 1994.</P> <P>(G) Missoula City-County Air Pollution Control Program Chapter XVI, Amendments and Revisions, effective September 16, 1994.</P> <P>(42)[Reserved]</P> <P>(43) On May 22, 1995, the Governor of Montana submitted revisions to the plan, which included revisions to the State's open burning regulation and other minor administrative revisions.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revisions to the Administrative Rules of Montana (ARM), 16.8.1301-1310, effective September 9, 1994; and</P> <P>(B) Revisions to the ARM, 16.8.708, 16.8.946, 16.8.1120, 16.8.1429, 16.8.1702, 16.8.1802, and 16.8.2003, effective October 28, 1994.</P> <P>(44) The Governor of Montana submitted PM<E T="52">10</E> contingency measures and a recodification of the local regulations for Libby, Montana in a letter dated March 15, 1995. In addition, the Governor of Montana submitted revisions to the local open burning regulations and other minor administrative amendments on May 13, 1996.</P> <P>(i) Incorporation by reference.</P> <P>(A) Board order issued on December 16, 1994 by the Montana Board of Health and Environmental Sciences adopting stipulation of the Montana Department of Health and Environmental Sciences and Stimson Lumber Company.</P> <P>(B) Board order issued December 16, 1994 by the Montana Board of Health and Environmental Sciences adopting the PM<E T="52">10</E> contingency measures as part of the Libby air pollution control program.</P> <P>(C) Board order issued on February 1, 1996 by the Montana Board of Environmental Review approving amendments to the Libby Air Pollution Control Program.</P> <P>(D) Lincoln Board of Commissioners Resolution No. 377, signed September 27, 1995, and Libby City Council Ordinance No. 1507, signed November 20, 1995, adopting revisions to the Lincoln County Air Pollution Control Program, Sections 75.1.103 through 75.1.719.</P> <P>(E) Lincoln County Air Pollution Control Program, Sections 75.1.101 through 75.1.719, effective December 21, 1995.</P> <CITA>[37 FR 10877, May 31, 1972]</CITA> <EDNOTE> <PRTPAGE P="166"/> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1370, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 52.1371</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Montana plan was evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,9,9,9,9,9" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Ozone</CHED> </BOXHD> <ROW> <ENT I="01">Billings Intrastate</ENT> <ENT>II</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Great Falls Intrastate</ENT> <ENT>III</ENT> <ENT>IA</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Helena Intrastate</ENT> <ENT>IA</ENT> <ENT>IA</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Miles City Intrastate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Missoula Intrastate</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10877, May 31, 1972, as amended at 45 FR 14043, Mar. 4, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1372</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>With the exceptions set forth in this subpart, the Administrator approves Montana's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977, except as noted below.</P> <CITA>[45 FR 2036, Jan. 10, 1980] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1373</SECTNO> <SUBJECT>Control strategy: Sulfur oxides.</SUBJECT> <P>(a) <E T="03">Part D—Conditional Approval—</E> The East Helena plan is approved provided that the following conditions are met by May 1, 1981:</P> <P>(1) A field study will be performed in the vicinity of the ASARCO smelter complex which clearly demonstrates the stack height for the blast furnace stack which represents good engineering practice; and</P> <P>(2) The control strategy will be amended, if necessary, to demonstrate attainment of the national standards using the good engineering practice stack height determined through the field study.</P> <CITA>[45 FR 76688, Nov. 20, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1374</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1375</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <P>The attainment date for the secondary NAAQS for sulfur dioxide for East Helena is December 31, 1982.</P> <CITA>[61 FR 16061, Apr. 11, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1376</SECTNO> <SUBJECT>Extensions.</SUBJECT> <P>On October 7, 1993, EPA granted the request by the State for the full three years allowed by section 172(b) of the CAA, as amended in 1990, for submittal of the SIP for the East Helena area to attain and maintain the sulfur dioxide secondary NAAQS. Therefore, the SIP for the area was due November 15, 1993. The SIP was not submitted by that date.</P> <CITA>[61 FR 16062, Apr. 11, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1377</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1378</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) The requirements of § 51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate.</P> <P>(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 <PRTPAGE P="167"/>other control measures that are part of the applicable plan.</P> <P>(2) Commencing after the initial nonecessary by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31.</P> <P>(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.</P> <P>(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.</P> <CITA>[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1379</SECTNO> <SUBJECT>Legal authority.</SUBJECT> <P>(a) The requirements of § 51.230(f) of this chapter are not met, since section 69-3918 of the Montana Clean Air Act could, in some circumstances prohibit the disclosure of emission data to the public. Therefore, section 69-3918 is disapproved.</P> <CITA>[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1380—52.1381</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1382</SECTNO> <SUBJECT>Prevention of significant deterioration of air quality.</SUBJECT> <P>(a) The Montana plan, as submitted, is approved as meeting the requirements of Part C, Subpart 1 of the Clean Air Act, except that it does not apply to sources proposing to construct on Indian Reservations.</P> <P>(b) Regulation for preventing of significant deterioration of air quality. The provisions of § 52.21 (b) through (w) are hereby incorporated by reference and made a part of the Montana State Implementation Plan and are applicable to proposed major stationary sources or major modifications to be located on Indian Reservations.</P> <P>(c)(1) Except as set forth in this paragraph, all areas of Montana are designated Class II.</P> <P>(2) The Northern Cheyene Indian Reservation is designated Class I.</P> <P>(3) The Flathead Indian Reservation is designated Class I.</P> <P>(4) The Fort Peck Indian Reservation is designated Class I.</P> <CITA>[42 FR 40697, Aug. 11, 1977, as amended at 47 FR 23928, June 2, 1982; 48 FR 20233, May 5, 1983; 49 FR 4735, Feb. 8, 1984; 53 FR 48645, Dec. 2, 1988; 55 FR 19262, May 9, 1990; 55 FR 22333, June 1, 1990] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1384</SECTNO> <SUBJECT>Emission control regulations.</SUBJECT> <P>(a)[Reserved]</P> <P>(b) The provisions for the open burning of creosote-treated railroad ties in the Administrative Rules of Montana (ARM) 16.8.1302 and 16.8.1307, which were submitted by the Governor on April 9, 1991, are disapproved because:</P> <P>(1) The regulations do not adequately demonstrate how public health and welfare will be protected, in direct conflict with section 75-2-102 of the Montana Clean Air Act, as approved in the SIP;</P> <P>(2) The regulations do not satisfy the enforcement imperatives of section 110(a)(2) of the Clean Air Act, which require that a plan contain enforceable emission limitations and a program for determining compliance; and<PRTPAGE P="168"/> </P> <P>(3) The revised regulations relax the control of emissions without any accompanying analysis demonstrating that these relaxations will not interfere with attainment and maintenance of the PM-10 national ambient air quality standards, and without any accompanying analysis demonstrating the potential impact on PM-10 nonattainment areas in the State and whether equivalent or greater emission reductions are insured in such areas, per the requirements of sections 110(1) and 193 of the amended Clean Air Act.</P> <P>(c) The provisions in ARM 16.8.1425(1)(c) and (2)(d) of the State's rule regulating hydrocarbon emissions from petroleum products, which were submitted by the Governor of Montana on May 17, 1994 and which allow discretion by the State to allow different equipment than that required by this rule, are disapproved. Such discretion cannot be allowed without requiring EPA review and approval of the alternative equipment to ensure that it is equivalent in efficiency to that equipment required in the approved SIP.</P> <CITA>[57 FR 57347, Dec. 4, 1992, as amended at 57 FR 60486, Dec. 21, 1993; 60 FR 36722, July 18, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1385</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <P>(a) Part D—Conditional Approval—The requirements of section 110 of the Clean Air Act are not met since the State does not specify source testing procedures in many of its emission limitations. However, this section is approved provided the State submits a list of acceptable source test methods for each emission limitation by August 1, 1980.</P> <CITA>[45 FR 62985, Sept. 23, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1386</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1387</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <P>(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.</P> <P>(b) <E T="03">Long-term strategy.</E> The provisions of § 52.29 are hereby incorporated into the applicable plan for the State of Montana.</P> <CITA>[52 FR 45138, Nov. 24, 1987] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1388</SECTNO> <SUBJECT>Stack height regulations.</SUBJECT> <P>The State of Montana has committed to revise its stack height regulations should EPA complete rulemaking to respond to the decision in <E T="03">NRDC v. Thomas,</E> 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas M. Skie, EPA, dated May 6, 1988, Jeffrey T. Chaffee, Chief, Air Quality Bureau, stated: </P> <EXTRACT> <P>* * * We are submitting this letter to allow EPA to continue to process our current SIP submittal with the understanding that if EPA's response to the NRDC remand modifies the July 8, 1985 regulations, EPA will notify the State of the rules that must be changed to comply with the EPA's modified requirements. The State of Montana agrees to make the appropriate changes.</P> </EXTRACT> <CITA>[54 FR 24341, June 7, 1989. Redesignated at 55 FR 19262, May 9, 1990]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1389</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1390</SECTNO> <SUBJECT>Missoula variance provision.</SUBJECT> <P>The Missoula City-County Air Pollution Control Program's Chapter X, Variances, which was adopted by the Montana Board of Health and Environmental Sciences on June 28, 1991 and submitted by the Governor of Montana to EPA in a letter dated August 20, 1991, is disapproved. This rule is inconsistent with section 110(i) of the Clean Air Act, which prohibits any State or EPA from granting a variance from any requirement of an applicable implementation plan with respect to a stationary source.</P> <CITA>[59 FR 64139, Dec. 13, 1994]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1391</SECTNO> <SUBJECT>Emission inventories.</SUBJECT> <P>The Governor of the State of Montana submitted the 1990 carbon monoxide base year emission inventories for Missoula and Billings on July 18, 1995, as a revision to the State Implementation Plan (SIP). The Governor submitted the 1990 carbon monoxide base year emission inventory for Great Falls on April 23, 1997, as a revision to the SIP. The inventories address emissions from point, area, on-road mobile, and non-road sources. These 1990 base <PRTPAGE P="169"/>year carbon monoxide inventories satisfy the nonattainment area requirements of the Clean Air Act of section 187(a)(1) for Missoula and section 172(c)(3) for Billings and Great Falls.</P> <CITA>[62 FR 65616, Dec. 15, 1997]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart CC—Nebraska</HD> <SECTION> <SECTNO>§ 52.1420</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) Title of plan: “Air Quality Implementation Plan for the State of Nebraska.”</P> <P>(b) The plan was officially submitted on January 28, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) Request submitted by the Governor on January 24, 1972, for a two-year extension in order to meet the primary standard for NOx in the Omaha-Council Bluffs AQCR. (Non-regulatory)</P> <P>(2) Clarification of section 11 of the State plan submitted on February 16, 1972 by the Nebraska Department of Environmental Control. (Non-regulatory)</P> <P>(3) A confirmation that the State does not have air quality control standards based on the enclosed disapproval of the State Attorney General was submitted on April 25, 1972 by the Nebraska Department of Environmental Control. (Non-regulatory)</P> <P>(4) Revision of Rules 3 through 18 and Rule 21 and 22 submitted on June 9, 1972, by the Governor.</P> <P>(5) Amendments to the Omaha Air Pollution Control Ordinance 26350 submitted on June 29, 1972, by the Governor.</P> <P>(6) Letters submitted September 26 and 27, 1972, from the State Department of Environmental Control revising Rule 3 and Rule 5 of the State Rules and Regulations.</P> <P>(7) Letters clarifying the application of the State emergency episode, rule 22(a), submitted October 2, 1972, by the State Department of Environmental Control. (Non-regulatory).</P> <P>(8) Revision of the State air regulations to expand emission limitations to apply State-wide, change procedures for preconstruction review of new sources, change procedures for disapproving construction permits for new or modified sources and add new sulfur oxide emission standards was submitted on February 27, 1974, by the Nebraska Department of Environmental Control.</P> <P>(9) Copy of the State's analysis of ambient air quality in Standard Metropolitan Statistical Areas in the State and recommendations for designation of Air Quality Maintenance Areas submitted by the Department of Environmental Control on May 9, 1974. (Non-regulatory)</P> <P>(10) Compliance schedules were submitted by the Department of Environmental Control on September 13, 1974.</P> <P>(11) Compliance schedules were submitted by the Department of Environmental Control on February 21, 1975.</P> <P>(12) Compliance schedules were submitted by the Department of Environmental Control on May 23, 1975.</P> <P>(13) Revision of regulations to include the second group of New Source Performance Standards and provide for granting of post-attainment variances and releasing of emission data was submitted on August 5, 1975, by the Governor.</P> <P>(14) Compliance schedules were submitted by the Governor on August 27, 1975.</P> <P>(15) Compliance schedules were submitted by the Governor on January 1, 1976.</P> <P>(16) Compliance schedules were submitted by the Department of Environmental Control on January 15, 1976.</P> <P>(17) Amended State law (LB1029) giving the Department of Environmental Control authority to require monitoring of emissions, require reporting of emissions and release emission data was submitted by the Governor on February 10, 1976.</P> <P>(18) Compliance schedules were submitted by the Governor on April 23, 1976.</P> <P>(19) Compliance schedules were submitted by the Governor on October 27, 1976.</P> <P>(20) Revised Rule 17, requiring continuous opacity monitoring by power plants, was submitted on November 2, 1976, by the Governor.</P> <P>(21) A plan revision to meet the requirements of 40 CFR 58.20, dealing with statewide air quality monitoring and data reporting, was submitted by the Governor on June 19, 1981.<PRTPAGE P="170"/> </P> <P>(22) Revised Rule 13, granting an increase in the visible emission limitations for existing teepee waste wood burners and alfalfa dehydrators, was submitted by the Governor on December 29, 1977.</P> <P>(23) Revision to the SIP concerning the adoption of the Lancaster County Air Pollution Control Resolution was submitted by the Governor on April 4, 1977.</P> <P>(24) Revision to the SIP concerning the adoption of the revised local air pollution control ordinances for the cities of Omaha and Lincoln was submitted by the Governor on December 27, 1977.</P> <P>(25) State plan revisions and corrections thereto to attain the National Ambient Air Quality Standards for total suspended particulate in Douglas and Cass Counties, designated as nonattainment under section 107 of the Clean Air Act Amendments of 1977, were submitted by the Governor on September 25, 1980, and on August 9, 1982. Included in the plan are revised Rule 6, and new Rule 5A.</P> <P>(26) New Rule 18, “Compliance; Exceptions Due to Startup, Shutdown, or Malfunction,” was submitted by the Governor on August 9, 1982.</P> <P>(27) A plan revision to provide for Intergovernmental Consultation and Coordination and for Public Notification was submitted to EPA by the Governor of Nebraska on August 9, 1982.</P> <P>(28) A plan revision for attaining and maintaining the National Ambient Air Quality Standard for Lead in the State of Nebraska was submitted to EPA on January 9, 1981, by the Governor. Additional material was submitted by the State on August 5, 1981 and January 11, 1983. All portions of the submittals are approved except the control strategy for Omaha and the request for a two year extension to attain the lead standard in Omaha.</P> <P>(29) Revisions to Rule 1, “Definitions,” and to Rule 4, “New and Complex Sources; Standards of Performance, Application for Permit, When Required;” and a new regulation: Rule 4.01, “Prevention of Significant Deterioration of Air Quality,” were submitted by the Governor on May 23, 1983; clarifying letter dated May 30, 1984.</P> <P>(30) On July 24, 1984, Nebraska submitted a lead SIP for Omaha. Additional portions of the Omaha lead SIP were submitted by the State on November 17, 1983, and August 1, 1984. EPA withheld action on the enforceable control measures contained in the Omaha lead SIP, but approved all other portions.</P> <P>(31) Revisions to Chapter 10 “Incinerators; Emission Standards;” Chapter 12 “Sulfur Compound Emissions; Emission Standards;” Chapter 14 “Open Fires, Prohibited; Exceptions;” and Chapter 20 “Emission Sources; Testing: Monitoring” were submitted by the Governor on October 6, 1983.</P> <P>(32) Revisions to Chapter 1, “Definitions”; Chapter 4, “Reporting and Operating Permits for Existing Sources; When Required”; and Chapter 5, “New, Modified, and Reconstructed Sources; Standards of Performance, Application for Permit, When Required”, were submitted by the Governor on October 6, 1983. These revisions deleted the review requirements for complex sources of air pollution for the entire State. These review requirements were adopted by the State on February 22, 1974 (submitted on February 27, 1974) and were approved by EPA on September 9, 1975. See paragraph (c)(8) above. Approval action was taken on the deletion of these requirements except as they pertain to the Lincoln and Omaha CO nonattainment areas.</P> <P>(33) A State Implementation Plan revision to provide for attainment of the carbon monoxide standard in Omaha was submitted by Governor Kerrey on April 3, 1985. Action was also taken to delete review requirements for complex sources of air pollution in Omaha; see paragraph (c)(32) of this section.</P> <P>(i) Incorporation by reference.</P> <P>(A) An RFP curve from page 27 of the Carbon Monoxide State Implementation Plan for Omaha, Nebraska, dated January 18, 1985.</P> <P>(ii) Additional material.</P> <P>(A) Narrative submittal entitled “Carbon Monoxide State Implementation Plan for Omaha, Nebraska”, including an attainment demonstration.</P> <P>(B) Emission Inventory for carbon monoxide sources.</P> <P>(34) A State Implementation Plan revision to provide for attainment of the <PRTPAGE P="171"/>carbon monoxide standard in Lincoln was submitted by Governor Kerrey on April 3, 1985. Action was also taken to delete review requirements for complex sources of air pollution in Lincoln; see paragraph (c)(32) of this section.</P> <P>(i) Incorporation by reference.</P> <P>(A) An RFP table from page 18 of the State Implementation Plan Revision for Carbon Monoxide for Lincoln, Nebraska, adopted on March 1, 1985.</P> <P>(ii) Additional material.</P> <P>(A) Narrative submittal entitled, “State Implementation Plan Revision for Carbon Monoxide for Lincoln, Nebraska”, including an attainment demonstration.</P> <P>(B) Emission Inventory for carbon monoxide sources.</P> <P>(35) On February 2, 1987, Nebraska submitted revisions to the lead SIP for Omaha. The revisions contained a revised demonstration of attainment of the lead standard in Omaha, a revised control strategy to provide the lead emission reductions claimed in the demonstration of attainment, and Administrative Order No. 753 dated August 22, 1985, as amended by Amended Administrative Order No. 753 dated May 9, 1986, and by Second Amended Administrative Order No. 753 dated November 12, 1986. All items in the revisions were approved.</P> <P>(i) Incorporation by reference.</P> <P>(A) Administrative Order 753 dated August 22, 1985, issued by the Nebraska Department of Environmental Control to ASARCO Incorporated.</P> <P>(B) Amended Administrative Order 753 dated May 9, 1986, issued by the Nebraska Department of Environmental Control to ASARCO Incorporated.</P> <P>(C) Second Amended Administrative Order 753 dated November 12, 1986, issued by the Nebraska Department of Environmental Control to ASARCO Incorporated.</P> <P>(ii) Additional material.</P> <P>(A) 1986 Revised Demonstration of Attainment and Control Measures for the Nebraska State Implementation Plan for Lead—Omaha, submitted by ASARCO Incorporated, October 3, 1986.</P> <P>(36) Revisions to Chapter 1, “Definitions”, paragraphs 024, 025, 030, 037, 049; and Chapter 5, “Stack Heights: Good Engineering Practice (GEP)”, were submitted by the Governor on May 6, 1986.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revisions to Chapter 1, “Definitions”, paragraphs 024, 025, 030, 037, 049; and Chapter 5, “Stack Heights: Good Engineering Practice (GEP)”, effective May 5, 1986.</P> <P>(ii) Additional material.</P> <P>(A) None.</P> <P>(37) Revised Title 129 of Nebraska Air Pollution Control rules and regulations pertaining to PM<E T="52">10</E> and other rule revisions submitted by the Governor of Nebraska on June 15, 1988.</P> <P>(i) Incorporation by reference. (A) Nebraska Department of Environmental Control Title 129—Nebraska Air Pollution Control rules and regulations adopted by the Nebraska Environmental Control Council February 5, 1988, effective June 5, 1988. The following Nebraska rules are not approved: Chapter 1, definition at <E T="03">013,</E> “Best Available Control Technology”; Chapter 4, section <E T="03">004.01G,</E> except as it applies to lead; Chapter 6, section <E T="03">002.04</E> and section 007; Appendix III except for lead; Chapter 6, section <E T="03">001</E> pertaining to NSPS; and Chapter 12 pertaining to NESHAP.</P> <P>(B) Nebraska Department of Environmental Control Title 115—Rules of Practice and Procedure, amended effective July 24, 1987.</P> <P>(ii) Additional information. (A) None.</P> <P>(38) Plan revisions were submitted by the Nebraska Department of Environmental Control on March 8, 1991, which implement EPA's October 17, 1988, PSD NO<E T="52">x</E> requirements.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revisions to title 129, chapter 7, entitled “Prevention of Significant Deterioration of Air Quality,” were adopted by the Nebraska Enviromental Control Council on December 7, 1990, and became effective February 20, 1991.</P> <P>(ii) Additional material.</P> <P>(A) Letter from the state submitted March 8, 1991, pertaining to NO<E T="52">x</E> rules and analysis which certifies the material became effective on February 20, 1991.</P> <P>(39) Plan revisions were submitted by the Governor of Nebraska on March 8, 1991.</P> <P>(i) Incorporation by reference.<PRTPAGE P="172"/> </P> <P>(A) Revisions to Nebraska Department of Environmental Control Title 129—Nebraska Air Pollution Control Rules and Regulations adopted by the Nebraska Environmental Control Council December 7, 1990, effective February 20, 1991. Revisions to the following sections are approved in this action: Chapter 1 (deletion of section 068), chapter 3 (deletion of “National” from the chapter title), chapter 4 (section 004.02), chapter 7 (section 001), chapter 10 (section 002), chapter 11 (section 002 and section 005), chapter 15 (section 002.07C), and chapter 16 (sections 001, 002.01, 002.02, and 002.03.)</P> <P>(40) The Nebraska Department of Environmental Quality submitted the Small Business Assistance program State Implementation Plan revision on November 12, 1992.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revision to the Nebraska State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program was adopted by the state of Nebraska on November 12, 1992, and became effective on the same date.</P> <P>(41) On February 16, 1994, the Director of the Nebraska Department of Environmental Quality submitted revisions to the State Implementation Plan (SIP) to create a Class II operating permit program, Part D NSR rule changes, SO<E T="52">2</E> rule corrections, and the use of enhanced monitoring.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revised rules “Title 129—Nebraska Air Quality Regulations,” effective December 17, 1993. This revision approves all chapters except for parts of Chapters 5, 7, 8, 9, 10, 11, 12, 13, 14, and 15 that pertain to Class I permits; Chapter 17 as it relates to hazardous air pollutants; and excludes Chapters 23, 25, 26, 27, 28, 29, and 31.</P> <P>(B) “Title 115—Rules of Practice and Procedure,” effective August 8, 1993, and submitted as an SIP revision on February 16, 1994.</P> <P>(ii) Additional material.</P> <P>(A) Letter from Nebraska to EPA Region VII dated February 16, 1994, regarding a commitment to submit information to the RACT/BACT/LAER Clearinghouse as required in section 173(d) of the Clean Air Act.</P> <P>(B) Letter from Nebraska to EPA Region VII dated June 10, 1994, regarding the availability of state operating permits to EPA and specified emissions limitations in permits.</P> <P>(C) Letter from Nebraska to EPA Region VII dated November 7, 1994, regarding the increase in New Source Review (NSR) permitting thresholds.</P> <P>(42) A Plan revision was submitted by the Nebraska Department of Environmental Quality on June 14, 1995, which incorporates by reference EPA's regulations relating to determining conformity of general Federal actions to State or Federal Implementation Plans.</P> <P>(i) Incorporation by reference.</P> <P>(A) A revision to title 129, adding chapter 40, entitled “General Conformity” was adopted by the Environmental Quality Council on December 2, 1994, and became effective on May 29, 1995.</P> <P>(43) On June 14, 1995, the Director of the Nebraska Department of Environmental Quality submitted revisions to the State Implementation Plan (SIP) to modify the Class II operating permit program.</P> <P>(i) Incorporation by reference.</P> <P>(A) Revised rules “Title 129—Nebraska Air Quality Regulations,” effective May 29, 1995. This revision applies to chapters 5, 7, 12, 17, 19, 25, 41 and deletes chapters 42, 43 and 44.</P> <P>(ii) Additional material.</P> <P>(A) None.</P> <P>(44) On May 31 and June 2, 1995, the Director of the Nebraska Department of Environmental Quality (NDEQ) submitted revisions to the SIP to update the local ordinances of the Lincoln-Lancaster County Health Department and city of Omaha, respectively, and to create Federally enforceable Class II operating permit programs for these agencies.</P> <P>(i) Incorporation by reference.</P> <P>(A) 1993 Lincoln-Lancaster County Air Pollution Control Program, Version March 1995, effective May 16, 1995. This includes the following citations: Article I (except Section 6); Article II, Sections 1-12, 14-17, 19-20, 22, 24-25, 32-38; and Appendix I.</P> <P>(B) Ordinance No. 33102 dated November 2, 1993, which adopts Chapter 41, Article I, Sections 41-4 through 41-6; 41-9; 41-10; Article II, Sections 41-23; 41-27; <PRTPAGE P="173"/>41-38; and 41-40 and Article IV of the Omaha Municipal Code. Ordinance No. 33506 dated March 21, 1995, amends Chapter 41, Article I, Sections 41-2 and 41-9 of the Omaha Municipal Code and adopts Title 129, Nebraska Air Quality Regulations, approved December 2, 1994.</P> <P>(ii) Additional material.</P> <P>(A) Letter from the city of Omaha dated September 13, 1995, regarding adequate authority to implement section 112(l).</P> <P>(B) Letter from the NDEQ dated November 9, 1995, regarding rule omissions and PSD.</P> <P>(45) A revision to the Nebraska SIP to reduce lead emissions in the Omaha lead nonattainment area sufficient to bring that area back into attainment with the lead National Ambient Air Quality Standard.</P> <P>(i) Incorporation by reference.</P> <P>(A) Amended Complaint and Compliance Order Case No. 1520, signed June 6, 1996, except for paragraph 19 and accompanying work practice manual in Appendix A.</P> <P>(ii) Additional material.</P> <P>(A) Supplemental document entitled, “Methods for Determining Compliance” submitted by the state to provide additional detail regarding the compliance methods for this Order.</P> <CITA>[37 FR 10877, May 31, 1972]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1420, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 52.1421</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Nebraska plan was evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Photochemical oxidants (hydrocarbons)</CHED> </BOXHD> <ROW> <ENT I="01">Metropolitan Omaha-Council Bluffs Interstate</ENT> <ENT>I</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Lincoln-Beatrice-Fairbury Intrastate</ENT> <ENT>II</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Metropolitan Sioux City Interstate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Nebraska Intrastate</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10877, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1422</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>With the exceptions set forth in this subpart, the Administrator approves Nebraska's plan for the attainment and maintenance of the national standards. No action is taken on the new source review regulations to comply with section 172(b)(6) and section 173 of the Clean Air Act as amended in 1977, and 40 CFR 51.18(j).</P> <CITA>[37 FR 10877, May 31, 1972, as amended at 48 FR 12717, Mar. 28, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1423</SECTNO> <SUBJECT>PM<E T="64">10</E> State implementation plan development in group II areas.</SUBJECT> <P>The state of Nebraska committed to conform to the PM<E T="64">10</E> regulations as set forth in 40 CFR part 51. In a letter to Morris Kay, EPA, dated February 5, 1988, Mr. Dennis Grams, Director, Nebraska Department of Environmental Control, stated:</P> <P>(a) An area in the City of Omaha and the area in and around the Village of Weeping Water have been classified as Group II areas for the purpose of PM<E T="64">10</E> State Implementation Plan (SIP) development. The specific boundaries of these areas are identified in our letter of October 6, 1987, to Carl Walter. In accordance with the requirements for PM<E T="64">10</E> SIP development, the State of Nebraska commits to perform the following PM<E T="64">10</E> monitoring and SIP development activities for these Group II areas:</P> <P>(1) Gather ambient PM<E T="64">10</E> data, at least to the extent consistent with minimum EPA requirements and guidance.</P> <P>(2) Analyze and verify the ambient PM<E T="64">10</E> data and report 24-hour exceedances of the National Ambient Air Quality Standard for PM<E T="64">10</E> to the <PRTPAGE P="174"/>Regional Office within 45 days of each exceedance.</P> <P>(3) When an appropriate number of verifiable exceedances of the 24-hour standard occur, calculated according to section 2.0 of the PM<E T="64">10</E> SIP Development Guideline, or when an exceedance of the annual PM<E T="64">10</E> standard occurs, acknowledge that a nonattainment problem exists and immediately notify the Regional Office.</P> <P>(4) Within 30 days of the notification referred to in paragraph (a)(3) of this section, or within 37 months of promulgation of the PM<E T="64">10</E> standards, whichever comes first, determine whether measures in the existing SIP will assure timely attainment and maintenance of the PM<E T="64">10</E> standards and immediately notify the Regional Office.</P> <P>(5) Within 6 months of the notification referred to in paragraph (a)(4) of this section, adopt and submit to EPA a PM<E T="64">10</E> control strategy that assures attainment as expeditiously as practicable but no later than 3 years from approval of the committal SIP.</P> <P>An emission inventory will be compiled for the identified Group II areas. If either area is found to be violating the PM<E T="64">10</E> standards, the inventory will be completed as part of the PM<E T="64">10</E> SIP for that area on a schedule consistent with that outlined in paragraphs 3, 4, and 5. If the PM<E T="64">10</E> standards are not violated, the inventory will be completed not later than July 1, 1989, and submitted to EPA not later than August 31, 1990, as part of the determination of adequacy of the current SIP to attain and maintain the PM<E T="64">10</E> air quality standards.</P> <P>(b) We request that the total suspended particulate nonattainment areas in Omaha and Weeping Water (all secondary nonattainment) and Louisville (Primary nonattainment) be redesignated to unclassifiable.</P> <CITA>[54 FR 21063, May 16, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1424</SECTNO> <SUBJECT>Operating permits.</SUBJECT> <P>Emission limitations and related provisions which are established in Nebraska operating permits as Federally enforceable conditions shall be enforceable by EPA. The EPA 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 requirement which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations.</P> <CITA>[61 FR 4901, Feb. 9, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1425</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <P>(a) The compliance schedules for the sources identified below are approved as revisions to the plan pursuant to § 51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.</P> <GPOTABLE CDEF="s80,r35,r35,r35,r35,r35" COLS="6" OPTS="L2"> <TTITLE> <E T="04">Nebraska—Compliance Schedules</E> </TTITLE> <BOXHD> <CHED H="1">Source</CHED> <CHED H="1">Location</CHED> <CHED H="1">Regulation involved</CHED> <CHED H="1">Date adopted</CHED> <CHED H="1">Variance expiration date</CHED> <CHED H="1">Final compliance date</CHED> </BOXHD> <ROW> <ENT I="01">ASARCO, Inc</ENT> <ENT>Omaha, NE </ENT> <ENT>Nebraska DEC Second Amended Administrative Order No. 753 </ENT> <ENT>Nov. 12, 1986 </ENT> <ENT>Not applicable </ENT> <ENT>Feb. 1, 1988</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[41 FR 22350, June 3, 1976, as amended at 41 FR 52456, Nov. 30, 1976; 42 FR 16140, Mar. 25, 1977; 50 FR 4512, Jan. 31, 1985; 51 FR 40675, 40676, Nov. 7, 1986; 52 FR 28696, Aug. 3, 1987; 54 FR 25259, June 14, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1426</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1427</SECTNO> <SUBJECT>Operating permits.</SUBJECT> <P>Emission limitations and related provisions which are established in the city of Omaha and Lincoln-Lancaster operating permits as Federally enforceable conditions shall be enforceable by EPA. The EPA reserves the right to deem permit conditions not Federally enforceable. Such a determination will <PRTPAGE P="175"/>be made according to appropriate procedures and be based upon the permit, permit approval procedures, or permit requirement which do not conform with the operating permit program requirements or the requirements of EPA underlying regulations.</P> <CITA>[61 FR 5701, Feb. 14, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1428—52.1435</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1436</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <P>The requirements of sections 160 through 165 of the Clean Air Act are met except as noted below.</P> <P>EPA is retaining § 52.21 (b) through (w) as part of the Nebraska SIP for the following types of sources:</P> <P>(a) Sources proposing to construct on Indian lands in Nebraska; and,</P> <P>(b) Enforcement of permits issued by EPA prior to the July 28, 1983, delegation of authority to Nebraska.</P> <CITA>[49 FR 29599, July 23, 1984]</CITA> <EAR>§ 52.1470</EAR> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart DD—Nevada</HD> <SECTION> <SECTNO>§ 52.1470</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) Title of plan: “Air Quality Implementation Plan for the State of Nevada.”</P> <P>(b) The plan was officially submitted on January 28, 1972.</P> <P>(1) Previously approved on May 31, 1972 and now deleted without replacement Rules 2.8 and 2.11.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) Errata sheet to the plan was submitted on April 26, 1972, by the Division of Health.</P> <P>(2) Washoe County regulations submitted on June 12, 1972, by the Governor.</P> <P>(3) Compliance schedules submitted on July 14, 1972, by the Governor.</P> <P>(4) Legal opinions concerning the plan submitted on November 17, 1972, by the Office of the Attorney General.</P> <P>(5) Amended Clark County regulations submitted on January 19, 1973, by the Governor.</P> <P>(6) Amendments to the Nevada Air Quality Regulations NAQR to regulate construction of complex sources (Article 13) submitted on April 1, 1974, by the Governor.</P> <P>(7) Amendments to the NAQR to regulate sulfur emissions from nonferrous smelters; (Article 8.1); to regulate and monitor visible emissions from stationary sources (Article 4); and to allow supplementary control systems (Article 14); submitted on June 14, 1974, by the Governor.</P> <P>(8) Amendments to the NAQR to regulate open burning (Article 5.2.3 and 5.2.4), and to regulate the construction of complex sources (Article 13), submitted on November 12, 1974, by the Governor.</P> <P>(9) Administrative procedures for the review of complex sources submitted on December 11, 1974, by the Governor's representative.</P> <P>(10) Amendments to the Nevade Revised Statutes (NRS) (1975 Legislative Session) on motor vehicle inspection and testing (NRS 445.640, 445.700, 482.640 and 169.125), public availability of emission data (NRS 445.576), organization (NRC 445.481 and 481.——). (Section 1 of 1975 Assembly Bill 326), stack testing (NRS 445.447), and alleged violations (NRS 445.526) submitted on September 10, 1975 by the Governor.</P> <P>(11) Amendments to the NAQR, as amended through September 18, 1975, submitted on October 31, 1975, by the Governor, as follows: </P> <EXTRACT> <P>Article 1—Definitions: 1.6-1.13, 1.15-1.33, 1.35-1.69;</P> <P>Article 2—General Provisions: 2.4.1-2.4.4, 2.5.1, 2.5.2, 2.5.4, 2.6.1-2.6.4, 2.7.1, 2.8.1, 2.8.4, 2.8.5.1, 2.9.1-2.9.3, 2.9.5-2.9.7, 2.10.1.2, 2.10.2-2.10.4, 2.11.4.2;</P> <P>Article 3—Registration Certificates and Operating Permits: 3.1.3, 3.1.5, 3.1.6, 3.1.8a & d-i, 3.1.9, 3.2.2-3.2.6, 3.3.2, 3.3.5, 3.4.1, 3.4.6-3.4.14;</P> <P>Article 4—Visible Emissions From Stationary Sources: 4.1, 4.2, 4.3.5, 4.4-4.4.2;</P> <P>Article 5—Open Burning: 5.2.3, 5.2.4;</P> <P>Article 6—Incinerator Burning: 6.3-6.6.2;</P> <P>Article 7—Particulate Matter: 7.1.3, 7.2.1-7.2.3, 7.3.1-7.3.3;</P> <P>Article 8—Sulfur Emissions: 8.1.1, 8.1.2, 8.1.4, 8.2.2.1, 8.3-8.4;</P> <P>Article 9—Organic Solvent, Other Volatile Compounds: 9.1, 9.2-9.2.1.1, 9.2.2, 9.2.3;</P> <P>Article 10—Odors: 10.2.1.1, 10.2.1.2;</P> <P>Article 11—Mobile Equipment: 11.3-11.7.1, 11.7.4-11.7.5, 11.10, 11.10.1, 11.11-11.14.17.</P> </EXTRACT> <P>(12) Amendments to miscellaneous Nevada air quality control regulations and to other sections of the State plan submitted on December 10, 1976, by the Governor, as follows: </P> <EXTRACT> <PRTPAGE P="176"/> <P>Article 1—Definitions: 1.1-1.213;</P> <P>Article 2—General Provisions: 2.5.3, 2.6.2-2.6.9, 2.7.1-2.7.4, 2.8.5.2, 2.16, 2.17;</P> <P>Article 3—Registration Certificates and Operating Permits, 3.1.9.1, 3.2.1;</P> <P>Article 7—Particulate Matter: 7.2.4;</P> <P>Article 8—Sulfur Emissions: 8.2.2-8.2.4;</P> <P>Article 11—Mobile Equipment: 11.7.6, 11.8, 11.9, 11.10.2;</P> <P>Section 3—Air quality data: 3.2;</P> <P>Section 4—Emissions summary: 4.2;</P> <P>Section 5—Control strategy: 5.1, table 5.1, table 5.2;</P> <P>Section 10—Air quality surveillance network: Monitoring network table, sampling sites modification table.</P> </EXTRACT> <P>(13) Amendments to the NAQR and the control strategy submitted on October 7, 1976, by the Governor.</P> <P>(i) Article 7—Particulate Matter: 7.2.7; Table 4.2—Emissions Inventory Summary for Particulates.</P> <P>Table 5.2—Summary of Control Strategy Analysis for Particulates.</P> <P>(14) The following amendments to the plan were submitted on December 29, 1978, by the Governor.</P> <P>(i) Nevada State Emergency Episode Plan Sections: 6.1.4, 6.1.5, 6.5.2.2; Tables: 6.1, 6.2 (Stages 1, 2, and 3), 6.3; Air Pollution Episode Notice; Episode Communication Checklist.</P> <P>(ii) Nevada Revised Statutes Policy Declarations; Definitions: </P> <EXTRACT> <P>445.401, 445.406, 445.411, 445.416, 445.421, 445.424, 445.427, 445.431, 445.441, 445.446; State Environmental Commission: 445.451, 445.456, 445.461, 445.466, 445.471, 445.472, 445.473, 445.474, 445.476; Local Hearing Boards: 445.486; Enforcement Provisions: 445.491, 445.496, 445.497, 445.498, 445.499, 445.501; Variances: 445.506, 445.511, 445.516, 445.521; Hearings, Orders Respecting Violations: 445.529; Local Air Pollution Control Programs: 445.546, 445.551, 445.556, 445.561, 445.566; Miscellaneous Provisions: 445.571, 445.581, 445.586, 445.596, 445.598; Penalties: 445.601; Deletions: Senate Bill 275, Sections 8.5, 17(1-4, 6, 7), 27, 38.</P> </EXTRACT> <P>(A) Previously approved on July 10, 1980 and now deleted without replacement Statutes 445.506, 445.511, 445.516, and 445.521.</P> <P>(iii) Nonattainment area plans for Mason Valley/Fernley Area, Lander County, Carson Desert, Winnemucca Segment, Truckee Meadows, and Las Vegas Valley.</P> <P>(iv) Nevada Revised Statutes, Engine Emission Controls: </P> <EXTRACT> <P>445.610, 445.620, 445.625, 445.630, 445.640, 445.650, 445.660, 445.670, 445.680, 445.690, 445.700, 445.705, and 445.710.</P> </EXTRACT> <P>(v) Nevada Air Quality Regulations for Mobile Equipment: </P> <EXTRACT> <P>Article 1—Sections 1.1 to 1.38; Article 2—Sections 2.1 to 2.2; Article 3—Sections 3.1 to 3.14.6; and Article 4—Sections 4.1 to 4.20.</P> </EXTRACT> <P>(vi) Nevada Revised Statute 445.493, Limitations on Enforcement of Regulations as to Indirect Sources and Authority to Review New Indirect Sources.</P> <P>(vii) Amendments to the Nevada Air Quality Regulations: </P> <EXTRACT> <P>Article 1, Rules 1.44, 1.53, 1.60, 1.98.1; Article 2, Rules 2.2.2, 2.11.7, 2.17.3.2 a/b, 2.17.4, 2.17.4.1, 2.17.9.8, 2.17.10, 2.17.10.1; Article 3, Rules 3.1.1, 3.1.2, 3.1.3, 3.4.11; Article 4, Rule 4.3.[6]4; Article 5, Rule 5.2.4; Article 6, Rule 6.3; Article 7 Rules 7.1.[3]2, 7.3.3; Article 8, Rules 8.2.1.1, 8.2.1.2, 8.2.2, and Article 12, Rule 12.1.</P> </EXTRACT> <P>(viii) Amendments to the Nevada Air Quality Regulations: </P> <EXTRACT> <P>Article 1; Article 7, Rules 7.2.8.1—7.2.8.3; Article 16, Rules 16.3.1.2—16.3.3 and Rules 16.15.1—16.15.4.</P> </EXTRACT> <P>(15) Redesignation of the Clark-Mohave Interstate AQCR submitted on March 23, 1979, by the Governor.</P> <P>(16) The following amendments to the plan were submitted on July 24, 1979, by the Governor.</P> <P>(i) Amendments to the Nevada Air Quality Regulations: </P> <EXTRACT> <P>Article I—Definition: No. 2—LAER.</P> </EXTRACT> <P>(ii) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: </P> <EXTRACT> <P>Section 15—Source Registration, 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.7, 15.8, 15.9, 15.10, 15.11, and 15.12; Section 50—Storage of Petroleum Products; Section 51—Petroleum Product Loading into Tank Trucks, and Trailers; and Section 52—Handling of Gasoline at Service Stations, Airports and Storage Tanks.</P> </EXTRACT> <P>(iii) Amendments to the Washoe County District Board of Health Air Pollution Control Regulations: </P> <EXTRACT> <P>Definitions, Sections 010.011, 010.014, 010.028, 010.057, 010.059, 010.071, 010.072, 010.091, 010.106, 010.107B, 010.108, 010.116, 010.117, 010.136, 010.148, 010.149, 010.151, 010.166, 010.197, and 010.1751; Source Registration and Operation, Sections 030.000, 030.005, 030.010, 030.015, 030.025, 030.030, 030.110, 030.115 (1 and 5)B, <PRTPAGE P="177"/>030.120, 030.1201, 030.205, 030.210, 030.215, 030.245, and 030.250; Section 040.070—Storage of Petroleum Products; Section 040.075—Gasoline Loading into Tank Trucks and Trailers; Section 040.080—Gasoline unloading from Tank Trucks and Trailers into Storage Tanks; Section 040.085—Organic Solvents; and Section 040.090—Cut-Back Asphalt.</P> </EXTRACT> <P>(iv) Paving schedules for the following Nonattainment Area Plans: Mason Valley/Fernley Area, Carson Desert, Winnemucca Segment, and Lander County.</P> <P>(v) Amendments to the Las Vegas Valley Nonattainment Area Plan: Two memoranda of understanding between Clark County, the Health District, and the Transportation Policy Committee.</P> <P>(vi) Nevada Revised Statutes, Engine Emission Control: 445.632, 445.634, 445.635, and 445.644.</P> <P>(vii) Lake Tahoe Basin Nonattainment Area Plan.</P> <P>(viii) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: </P> <EXTRACT> <P>Section 2, Rules 2.1, 2.2, 2.3; Section 3, Rule 3.1; Section 4, Rules 4.1—4.11; Section 5, Rule 5.1; Section 6, Rule 6.1; Section 7, Rules 7.1—7.19; Section 8, Rules 8.1, 8.2, 8.7 (deletion); Section 9, Rules 9.1—9.3; Section 10; Section 16, Rules 16.1,—16.5, 16.6 (Operating Permits), 16.6 (Emission of Visible Air Contaminants) (deletion), 16.7—16.9; Section 17, Rules 17.1.—17.8; Section 18, Rules 18.1—18.12; Section 23, Rules 23.1—23.5; Section 24, Rules 24.1—24.5; Section 25, Rules 25.1, 25.2, 25.4 (deletion); Section 26, Rules 26.1—26.3; Section 27, Rules 27.1, 27.2, 27.3, 27.4; Section 28, Rules 28.1, 28.2; Section 29; Section 30, Rules 30.1—30.7; Section 31; Section 32, Rules 32.1, 32.2; Section 40, Rule 40.1; Section 41, Rules 41.1—41.4; Section 42, Rules 42.1—42.4; Section 43, Rule 43.1; Section 70, Rules 70.1—70.6; Sections 80, and 81.</P> </EXTRACT> <P>(A) Previously approved on August 27, 1981 and now deleted without replacement Section 9, Rules 9.2 to 9.3.</P> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>At 47 FR 27071, June 23, 1982, the following paragraph (c)(16)(viii) was added to § 52.1470.</P> </EDNOTE> <P>(viii) Repeal and removal of all references to Indirect (Complex) Sources in the following rules or portions of rules in the Nevada Air Quality Regulations. </P> <EXTRACT> <P>Article 1—Definitions: 1.12, 1.95, 1.147(b), and 1.202. Article 2—Registration Certificates and Operating Permits: 3.1.9, 3.2.1, 3.2.2, and 3.2.5. Article 13—Point Sources: 13.1.1, 13.1.2, 13.2, and 13.2.1 to 13.5.3.</P> </EXTRACT> <P>(ix) Amendments to the Washoe County District Board of Health Air Pollution Control Regulations: </P> <EXTRACT> <P>Sections 020.055, 030.300, 030.305, 030.310, 030.3101-030.3105, 030.3107, and 030.3108 and the following deletions: 010.115, 050.005, 050.010, 050.015, 050.020, 050.025, 050.030, and 050.035.</P> </EXTRACT> <P>(x) Amendments to the Nevada Air Quality Regulations: Article 12, Lead (Pb).</P> <P>(17) The following amendments to the plan were submitted on September 18, 1979, by the Governor.</P> <P>(i) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: </P> <EXTRACT> <P>Section 1—Definitions (except 1.14, 1.15, 1.79, and 1.94); Section 15.14—Source Registration Requirements for Areas Exceeding Air Quality Standards; and Section 60—Evaporation and Leakage.</P> </EXTRACT> <P>(ii) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: </P> <EXTRACT> <P>Section 1, Rules 1.79, 1.94; Section 11, Rules 11.1, 11.1.1-11.1.8, 11.2, 11.2.1-11.2.3, 11.3, 11.3.1, 11.3.2, 11.4, and Section 13, Rule 13.5 (deletion).</P> </EXTRACT> <P>(18) Amendments to the Nevada Air Quality Regulations submitted on March 17, 1980, by the Governor.</P> <P>(i) Article 13.1.3—Point Sources and Registration Certificates.</P> <P>(19) The following amendments to the plan were submitted on June 24, 1980, by the Governor.</P> <P>(i) Section 10—State of Nevada Ambient Air Quality Monitoring and Surveillance.</P> <P>(ii) Amendment to the Nevada Air Quality Regulations: Article 4, Rule 4.3.6.</P> <P>(iii) Clark County, Nevada Lead SIP.</P> <P>(20) The following amendment to the plan was submitted on August 19, 1980 by the Governor.</P> <P>(i) Request for Extension of the Carbon Monoxide Attainment Date for the Truckee Meadows Nonattainment Area.</P> <P>(21) The following amendments to the plan were submitted on October 13, 1980, by the Governor.</P> <P>(i) Amendments to the Nevada Revised Statutes: 704.820 through 704.900 (Utility Environmental Protection Act).<PRTPAGE P="178"/> </P> <P>(ii) Rule 25, of General Order No. 3, Nevada Public Service Commission.</P> <P>(22) The following amendments to the plan were submitted on November 5, 1980, by the Governor.</P> <P>(i) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: Section 4, Rules 4.12, 4.12.1-4.12.3.</P> <P>(ii) Amendments to the Nevada Air Quality Regulations: Article 7, Rules 7.2.5, 7.2.5.1, 7.2.9; and Article 8, Rule 8.3.4.</P> <P>(23) The following amendments to the plan were submitted on March 4, 1981, by the Governor:</P> <P>(i) Las Vegas Valley Air Quality Implementation Plan (excluding Clark County Air Pollution Control Regulations).</P> <P>(24) The following amendments to the plan were submitted on November 17, 1981 by the Governor.</P> <P>(i) Amendments to the Nevada Air Quality Regulations: Article 14.1.</P> <P>(ii) Resolution of the Washoe Council of Governments adopted August 28, 1981 and Endorsement of the State Environmental Commission dated October 15, 1981.</P> <P>(iii) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: </P> <EXTRACT> <P>Section 1—Definitions 1.7, 1.13, 1.14, 1.15, 1.32, 1.48, 1.50, 1.52, 1.57, 1.67, 1.72, 1.90 and the addition of the following unnumbered definitions: “Emission Unit,” “Criteria Pollutant,” “Non-Criteria Pollutant,” “Baseline Area,” “Begin Actual Construction,” “Building, Structure, Facility, or Installation,” “Particulate Precursor,” “Secondary Emissions,” and “Significant.”</P> <P>Section 15—Source Registration, 15.1, 15.1.1, 15.1.2, 15.1.3, 15.1.4, 15.1.5, 15.1.6, 15.1.7, 15.1.8, 15.2; 15.2.1, 15.2.2, 15.3, 15.4, 15.5; Preconstruction Review for New and Modified Sources, 15.6, 15.6.1, 15.6.1.1, 15.6.1.2 (deleted), 15.6.1.6, 15.6.2, 15.6.2.1 (deleted), 15.6.2.2, 15.6.2.3, 15.6.2.4, 15.6.2.5, 15.6.3, 15.6.3.1, 15.6.3.2 to 15.6.3.5 (added), 15.6.6, 15.7, 15.8, 15.9, 15.10, 15.10.1, 15.10.2, 15.10.3, 15.10.4, 15.11, 15.12; Prevention of Significant Deterioration, 15.13 (added); Preconstruction Review Requirements for New or Modified Sources in Areas Exceeding Air Quality Standards (“Offset” Rules), 15.14.1, 15.14.1.2, 15.14.1.3 (added), 15.14.3.1, 15.14.3.2, 15.14.4, 15.14.4.1, 15.14.4.3, 15.14.3.3 (added), 15.14.4.3.4 (added), 15.14.4.3.5 (added) and, 15.14.4.4 (deleted).</P> </EXTRACT> <P>(iv) Amendments to the Clark County District Board of Health Air Pollution Control Regulations: </P> <EXTRACT> <P>Section 4, Rule 4.7.3; Section 7; Section 9, Rules 9.1; Section 16; Section 17, Rules 17.2.1 and 17.6.1; Section 18, Rules 18.1—18.5.2; Section 23, Rules 23.2.1—23.3.1.2 and Rules 23.3.4—23.3.5; Section 27; Section 30, Rules 30.4 and 30.8; Section 52, Rules 52.4.2.3 and 52.7.2; and Section 60, Rules 60.4.3.</P> </EXTRACT> <P>(A) Previously approved on June 18, 1982 and now deleted without replacement Section 7, Rules 7.1 to 7.19 and Section 9, Rule 9.1.</P> <P>(v) Nevada State Lead SIP Revision submitted by the State on November 5, 1981.</P> <P>(vi) Amendment to the Clark County District Board of Health Air Pollution Control Regulations: Section 60, Rule 60.4.2.</P> <P>(25) The following amendments to the plan were submitted on October 26, 1982, by the Governor.</P> <P>(i) Amendments of Chapter 445 of the Nevada Administrative Code. </P> <EXTRACT> <P>(A) New or amended sections 445.430-445.437, 445.439-445.447, 445.451, 445.453-445.472, 445.474-445.477, 445.480-445.504, 445.509-445.519, 445.522-445.537, 445.539, 445.542-445.544, 445.546-445.549, 445.551, 445.552, 445.554-445.568, 445.570, 445.572-445.587, 445.589-445.605, 445.608-445.612, 445.614-445.622, 445.624, 445.626, 445.627, 445.629-445.655, 445.660, 445.662-445.667, 445.682, 445.685-445.700, 445.704-445.707, 445.712-445.716, 445.721, 445.723, 445.729-445,732, 445,734, 445,742, 445,743, 445,746, 445.575, 445,754, 445,764, 445,844, and 445,845.</P> </EXTRACT> <P>(26) The following amendments to the plan were submitted on September 14, 1983 by the Governor.</P> <P>(i) Amendments to Chapter 445 of the Nevada Administrative Code.</P> <P>(A) New or amended Sections 445.732, 445.808 (paragraphs (1), (2)(a-c), and (3)-(5)), 445.815 (paragraphs (1), (2)(a)(1 and 2), and (3)-(5)), 445.816 (paragraphs (1), (2)(a-i), and (3)-(5)), 445.843, and 445.846 (paragraphs (1), (3), and (4)).</P> <P>(ii) The Truckee Meadows Air Quality Implementation Plan 1982 Update except for the attainment and RFP demonstrations and Legally Enforceable Measures portions of the plan.</P> <P>(iii) Amendments related to Nevada's inspection and maintenance (I/M) program.</P> <P>(A) State legislation (AB 677) which defers the start-up of the annual I/M <PRTPAGE P="179"/>program from July 1, 1983 to October 1, 1983.</P> <P>(B) An I/M public education plan.</P> <P>(C) Revisions to the Engine Emission Control Regulations (Nevada Administrative Code 455.851 to 445.945).</P> <P>(27) The following amendments to the plan were submitted on December 9, 1982, by the State:</P> <P>(i) Emission reduction estimates and/or changes in vehicular activity for the adopted control measures.</P> <P>(ii) A modeling analysis indicating 1982 attainment.</P> <P>(iii) Documentation of the modeling analysis including air quality, traffic and meteorological data:</P> <P>(iv) Evidence of implementation and/or future commitments for the adopted control measures.</P> <P>(v) Appendix of previous reports, measured data and other official correspondence including:</P> <P>(A) Resource commitments from the responsible agencies for implementing the RFP,</P> <P>(B) 1979 and 1980 Annual Reports for the Lake Tahoe Air Basin, and</P> <P>(C) 1981 Nevada Air Quality Report.</P> <P>(28) The following amendments to the plan were submitted on December 16, 1982 by the State:</P> <P>(i) Additional evidence of commitment to the control evidence by the responsible state and/or local agencies,</P> <P>(ii) Additional supporting documentation for the 1982 attainment modeling analysis which included revised technical data on measured and modeled CO traffic volumes, and a revised narrative on the calibration constant and the impacts to the model.</P> <P>(29) The following amendments to the plan were submitted on January 28, 1983 by the State:</P> <P>(i) Response to EPA's preliminary evaluation, specifying documentation for calibrating the model, the mobile source emission factors, and additional traffic data.</P> <P>(ii) Conversion factors for the model.</P> <P>(iii) A revised 1982 attainment modeling analysis and supporting documentation including:</P> <P>(A) 1979, 1980-82 traffic data for the Stateline Area, (Appendix A);</P> <P>(B) Stateline Cold Start/Hot Start Analysis, (Appendix B);</P> <P>(C) Portions of the Highway 50 Corridor Study, June 1979 (Appendix C);</P> <P>(D) Reference from Transportation and Traffic Engineering Handbook, (1979), (Appendix D); and</P> <P>(E) Revised Caline 3 and Mobile 2 modeling analysis using both 27% and 50% cold start factors, (Appendix E).</P> <P>(30) The following amendments to the plan were submitted on May 5, 1983 by the State:</P> <P>(i) “Stateline, Nevada, 1983 Carbon Monoxide Study”—a traffic, ambient air monitoring and predictive modeling report, and</P> <P>(ii) A revised analysis of the Caline 3 model verifying 1982 attainment, based on data collected in February and March 1983.</P> <P>(31) The following amendments to the plan were submitted on May 30, 1984, by the Governor.</P> <P>(i) Washoe County, Nevada Lead SIP Revision.</P> <P>(32) The Las Vegas Valley 1982 Air Quality Implementation Plan (AQIP) Update for carbon monoxide submitted by the Governor on June 23, 1982.</P> <P>(33) On January 11, 1985, the following amendments to the plan were submitted by the State.</P> <P>(i) Incorporation by reference.</P> <P>(A) Las Vegas Valley Air Quality Implementation Plan, Post 1982 Update for Ozone adopted on October 16, 1984.</P> <P>(ii) Additional material.</P> <P>(A) Emissions Inventory for 1995, transmitted by a letter dated March 14, 1986.</P> <P>(34) Program elements were submitted on June 28, 1994 by the Governor's designee.</P> <P>(i) Incorporation by reference.</P> <P>(A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on June 28, 1994.</P> <P>(35) Program elements were submitted on July 5, 1995 by the Governor's designee.</P> <P>(i) Incorporation by reference.</P> <P>(A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on July 5, 1995.</P> <CITA>[37 FR 10878, May 31, 1972]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1470, see the List of CFR <PRTPAGE P="180"/>Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> </SECTION> <SECTION> <SECTNO>§ 52.1471</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The Nevada plan is evaluated on the basis of the following classifications:</P> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Ozone</CHED> </BOXHD> <ROW> <ENT I="01">Las Vegas Intrastate</ENT> <ENT>I</ENT> <ENT>IA</ENT> <ENT>III</ENT> <ENT>I</ENT> <ENT>I</ENT> </ROW> <ROW> <ENT I="01">Northwest Nevada Intrastate</ENT> <ENT>I</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Nevada Intrastate</ENT> <ENT>IA</ENT> <ENT>IA</ENT> <ENT>III</ENT> <ENT>III</ENT> <ENT>III</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[45 FR 7545, Feb. 4, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1472</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>(a) With the exceptions set forth in this subpart, the Administrator approves Nevada's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act.</P> <P>(b) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph.</P> <P>(1) Mason Valley/Fernley Area for TSP.</P> <P>(2) Lower Reese River Valley/Clovers Area for TSP.</P> <P>(3) Carson Desert for TSP.</P> <P>(4) Winnemucca Segment for TSP.</P> <P>(5) Truckee Meadows for TSP and CO.</P> <P>(6) Las Vegas Valley for TSP and CO.</P> <P>(7) Lake Tahoe Basin for CO.</P> <P>(c) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in the 1977, for the nonattainment areas listed in this paragraph. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the State Implementation Plan (SIP) depends on the adoption and submittal by January 1, 1981 of reasonably available control technology (RACT) requirements for sources covered by Control Technique Guidelines (CTG's) published between January 1978 and January 1979.</P> <P>(1) Truckee Meadows for O<E T="22">3.</E> </P> <P>(2) Las Vegas Valley for O<E T="22">3.</E> </P> <CITA>[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 27069, June 23, 1982] </CITA> </SECTION> <SECTION> <SECTNO>§ 52.1473</SECTNO> <SUBJECT>General requirements.</SUBJECT> <P>(a) The requirements of § 51.116(c) of this chapter are not met in Washoe County, since the plan does not provide procedures for making emission data, as correlated with allowable emissions, available to the public. In addition, Chapter 020.065 of the “Air Pollution Control Regulations” of the District Board of Health of Washoe County in the Northwest Nevada Intrastate Region is disapproved since it contains provisions which restrict the public availability of emission data as correlated with applicable emission limitations and other control measures.</P> <P>(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.</P> <P>(2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of <PRTPAGE P="181"/>the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1-June 30 and July 1-December 31.</P> <P>(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.</P> <P>(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.</P> <CITA>[37 FR 10878, May 31, 1972, as amended at 37 FR 15086, July 27, 1972; 38 FR 12708, May 14, 1973; 40 FR 55331, Nov. 28, 1975; 43 FR 1342, Jan. 24, 1978; 51 FR 40676, Nov. 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1474</SECTNO> <SUBJECT>Part D conditional approval.</SUBJECT> <P>(a) The following portions of the Nevada SIP contain deficiencies with respect to Part D of the Clean Air Act which must be corrected within the time limit indicated.</P> <P>(1)-(4) [Reserved]</P> <CITA>[46 FR 21766, Apr. 14, 1981, as amended at 47 FR 15792, Apr. 13, 1982; 47 FR 27069, June 23, 1982; 49 FR 6900, Feb. 24, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1475</SECTNO> <SUBJECT>Control strategy and regulations: Sulfur oxides.</SUBJECT> <P>(a) The requirements of subpart G of this chapter are not met since the plan does not adequately provide for attainment and maintenance of the National Ambient Air Quality Standards for sulfur oxides in the Nevada Intrastate Region.</P> <P>(b) Article 8.1.3 of Nevada's “Air Quality Regulations” (emission limitation for sulfur from existing copper smelters), which is part of the sulfur oxides control strategy, is disapproved since it does not provide the degree of control needed to attain and maintain the National Ambient Air Quality Standards for sulfur oxides in the Nevada Intrastate Region.</P> <P>(c) Regulation for control of fugitive sulfur oxides emissions (Nevada Intrastate Region). (1) The owner or operator of the Kennecott Copper Company smelter located in White Pine County, Nevada, in the Nevada Intrastate Region shall utilize best engineering techniques for reducing escape of pollutants to the atmosphere and to capture sulfur oxides emissions and vent them through a stack or stacks. Such techniques shall include, but not be limited to:</P> <P>(i) Installing and operating hoods on all active matte tapholes, matte launders, slag skim bays, slag handling operations, and holding ladles on each reverberatory furnace;</P> <P>(ii) Installing tight fitting hoods on each active converter and operating such hoods except during pouring and charging operations;</P> <P>(iii) Maintaining all ducts, flues, and stacks in a leak-free condition;</P> <P>(iv) Maintaining all reverberatory furnaces and converters under normal operating conditions in such a fashion that out-leakage of gases will be prevented to the maximum extent possible;</P> <P>(v) Wherever feasible, ducting emissions through the tallest stack or stacks serving the facility; and</P> <P>(vi) Wherever feasible, passing the effluents from all hooding through the tallest stack or stacks serving the facility.</P> <P>(2) (i) If the owner or operator of the smelter subject to this paragraph is not in compliance with the provisions of paragraph (c)(1) of the section the following compliance schedule shall apply:</P> <P>(<E T="03">a</E>) 30 days after the effective date of this regulation. Let contracts or issue purchase orders for hoods and flues for control of fugitive sulfur oxides emissions or provide evidence that such contracts have been let.<PRTPAGE P="182"/> </P> <P>(<E T="03">b</E>) July 1, 1975. Initiate on-site construction and/or installation of emission control equipment.</P> <P>(<E T="03">c</E>) July 1, 1976. Complete on-site construction and/or installation of emission control equipment.</P> <P>(<E T="03">d</E>) January 1, 1977. Achieve final compliance with requirements of paragraph (c)(1) of this section.</P> <P>(ii) The owner or operator of the smelter subject to the requirements of this paragraph shall certify to the Administrator within five days after the deadline for each increment of progress, whether or not the required increment of progress has been met.</P> <P>(iii) If the source subject to this paragraph is presently in compliance with the requirements of paragraph (c)(1) of this section, the owner or operator of such source may certify such compliance to the Administrator within thirty (30) days of the effective date of this paragraph. If such certification is acceptable to the Administrator, the applicable requirements of this paragraph shall not apply to the certifying source. The Administrator may request whatever supporting information he considers necessary to determine the validity of the certification.</P> <P>(3) The owner or operator of the smelter subject to this paragraph may submit to the Administrator, no later than thirty (30) days after the effective date of this paragraph, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after January 1, 1977. If approved by the Administrator, such schedule shall satisfy the compliance schedule requirements of this paragraph for the affected source.</P> <P>(d) <E T="03">Regulation for control of sulfur dioxide emissions</E> (<E T="03">Nevada Intrastate Region</E>). (1) The owner or operator of the Kennecott Copper Company smelter located in White Pine County, Nevada, in the Nevada Intrastate Region shall comply with all the requirements of this paragraph, except as provided in paragraph (e) of this section.</P> <P>(2) (i) After July 31, 1977, the owner or operator of the smelter subject to this paragraph shall not discharge or cause the discharge of sulfur dioxide into the atmosphere in excess of 10,150 pounds per hour (4,603 kg/hr.) maximum 6-hour average as determined by the method specified in paragraph (d)(4) of this section.</P> <P>(ii) The limitation specified in paragraph (d)(2)(i) of this section shall apply to the sum total of sulfur dioxide emissions from the smelter processing units and sulfur oxides control and removal equipment, but not including uncaptured fugitive emissions and those emissions due solely to the use of fuel for space heating or steam generation.</P> <P>(3) (i) The owner or operator of the smelter to which this paragraph is applicable shall, no later than 30 days following the effective date of this paragraph, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with paragraph (d)(2) of this section as expeditiously as practicable but not later than July 31, 1977.</P> <P>(ii) The compliance schedule submitted to the Administrator pursuant to paragraph (d)(3)(i) of this section shall provide for increments of progress toward compliance. The dates for achievement of such increments of progress shall be specified. Increments of progress shall include, but not be limited to, the following:</P> <P>(<E T="03">a</E>) Submittal of final control plan to the Administrator for meeting the requirements of paragraph (d)(2) of this section.</P> <P>(<E T="03">b</E>) Letting of necessary contracts or process changes, or issuance of orders for the purchase of component parts, to accomplish emission control or process modification;</P> <P>(<E T="03">c</E>) Initiation of on-site construction or installation of emission control equipment or process modification;</P> <P>(<E T="03">d</E>) Completion of on-site construction or installation of emission control equipment or process modification;</P> <P>(<E T="03">e</E>) Full compliance with the requirements of paragraph (d)(2) of this section.</P> <P>(iii) The owner or operator of the smelter subject to the requirements of this subparagraph shall certify to the Administrator within five days after the deadline for each increment of progress, whether or not the required increment of progress has been met.</P> <P>(iv) Notice must be given to the Administrator at least 10 days prior to <PRTPAGE P="183"/>conducting a performance test to afford him the opportunity to have an observer present.</P> <P>(v) If the source subject to this paragraph is currently in compliance with the requirement of paragraph (d)(2) of this section, the owner or operator of such source may certify such compliance to the Administrator within thirty (30) days of the effective date of this paragraph. If such certification is acceptable to the Administrator, the applicable requirements of this paragraph (d)(3) of this section shall not apply to the certifying source. The Administrator may request whatever supporting information he considers necessary to determine the validity of the certification.</P> <P>(4)(i) The owner or operator of the smelter to which this paragraph is applicable shall install, calibrate, maintain, and operate a measurement system(s) for continuously monitoring sulfur dioxide emissions and stack gas volumetric flow rates in each stack which emits 5 percent or more of the total potential (without emission controls) hourly sulfur oxides emissions from the source. For the purpose of this paragraph, “continuous monitoring” means the taking and recording of at least one measurement of sulfur dioxide concentration and stack gas flow rate reading from the effluent of each affected stack in each 15-minute period.</P> <P>(ii) Within nine months after the effective date of this paragraph, and at other such times in the future as the Administrator may specify, the sulfur dioxide concentration measurement system(s) installed and used pursuant to this paragraph shall be demonstrated to meet the measurement system performance specifications prescribed in Appendix D to this part.</P> <P>(iii) Within nine months after the effective date of this paragraph, and at other such times in the future as the Administrator may specify, the stack gas volumetric flow rate measurement system(s) installed and used pursuant to this paragraph shall be demonstrated to meet the measurement system performance specifications prescribed in Appendix E to this part.</P> <P>(iv) The Administrator shall be notified at least ten (10) days in advance of the start of the field test period required in Appendices D and E to this part to afford the Administrator the opportunity to have an observer present.</P> <P>(v) The sampling point for monitoring emissions shall be in the duct at the centroid of the cross section if the cross sectional area is less than 4.647 m<E T="21"> 2</E> (50 ft.<E T="21"> 2</E>) or at a point no closer to the wall than 0.914 m (3 ft.) if the cross sectional area is 4.647 m<E T="21"> 2</E> (50 ft.<E T="21"> 2</E>) or more. The monitor sample point shall be in an area of small spatial concentration gradient and shall be representative of the concentration in the duct.</P> <P>(vi) The measurement system(s) installed and used pursuant to this section shall be subjected to the manufacturer's recommended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case such specifications or recommendations shall be followed. Records of these procedures shall be made which clearly show instrument readings before and after zero adjustment and calibration.</P> <P>(vii) Six-hour average sulfur dioxide emission rates shall be calculated in accordance with paragraph (d)(5) of this section, and recorded daily.</P> <P>(viii) The owner or operator of the smelter subject to this paragraph shall maintain a record of all measurements required by this paragraph. Measurement results shall be expressed as pounds of sulfur dioxide emitted per six hour period. A 6-hour average value calculated pursuant to paragraph (d)(5)(i) of this section shall be reported as of each hour for the preceding 6-hour period. Results shall be summarized monthly and shall be submitted to the Administrator within fifteen (15) days after the end of each month. A record of such measurements shall be retained for at least two years following the date of such measurements.</P> <P>(ix) The continuous monitoring and recordkeeping requirements of this paragraph shall become applicable nine months after the effective date of this regulation.<PRTPAGE P="184"/> </P> <P>(5) (i) Compliance with the requirements of paragraph (d)(2) of this section shall be determined using the continuous measurement system(s) installed, calibrated, maintained and operated in accordance with the requirements of paragraph (d)(4) of this section. For all stacks equipped with the measurement system(s) required by paragraph (d)(4) of this section, a 6-hour average sulfur dioxide emission rate shall be calculated as of the end of each clock hour, for the preceding six hours, in the following manner:</P> <P>(<E T="03">a</E>) Divide each 6-hour period into 24 15-minute segments.</P> <P>(<E T="03">b</E>) Determine on a compatible basis a sulfur dioxide concentration and stack gas flow rate measurement for each 15-minute period for each affected stack. These measurements may be obtained either by continuous integration of sulfur dioxide concentration and stack gas flow rate measurements (from the respective affected facilities) recorded during the 15-minute period or from the arithmetic average of any number of sulfur dioxide concentration and stack gas flow readings equally spaced over the 15-minute period. In the later case, the same number of concentration readings shall be taken in each 15-minute period and the readings shall be similarly spaced within each 15-minute period.</P> <P>(<E T="03">c</E>) Calculate the arithmetic average (lbs SO<E T="22">2</E>/hr) from all 24 emission rate measurements in each 6-hour period for each stack.</P> <P>(<E T="03">d</E>) Total the average sulfur dioxide emission rates for all affected stacks.</P> <P>(ii) Notwithstanding the requirements of paragraph (d)(5)(i) of this section, compliance with the requirements of paragraph (d)(2) of this section shall also be determined by using the methods described below at such times as may be specified by the Administrator. For all stacks equipped with the measurement system(s) required by paragraph (d)(4) of this section, a 6-hour average sulfur dioxide emission rate (lbs SO<E T="22">2</E>/hr) shall be determined as follows:</P> <P>(<E T="03">a</E>) The test of each stack emission rate shall be conducted while the processing units vented through such stack are operating at or above the maximum rate at which they will be operated and under such other conditions as the Administrator mayspecify.</P> <P>(<E T="03">b</E>) Concentrations of sulfur dioxide in emissions shall be determined by using Method 8 as described in part 60 of this chapter. The analytical and computational portions of Method 8 as they relate to determination of sulfuric acid mist and sulfur trioxide as well as isokinetic sampling may be omitted from the over-all test procedure.</P> <P>(<E T="03">c</E>) Three independent sets of measurements of sulfur dioxide concentrations and stack gas volumetric flow rates shall be conducted during three 6-hour periods for each stack. Each 6-hour period will consist of three consecutive 2-hour periods. Measurements of emissions from all stacks on the smelter premises need not be conducted simultaneously. All tests must be completed within a 72-hour period.</P> <P>(<E T="03">d</E>) In using Method 8, traversing shall be conducted according to Method 1 as described in part 60 of this chapter. The minimum sampling volume for each two hour test shall be 40 ft<E T="21"> 3</E> corrected to standard conditions, dry basis.</P> <P>(<E T="03">e</E>) The volumetric flow rate of the total effluent from each stack evaluated shall be determined by using Method 2 as described in part 60 of this chapter and by traversing according to Method 1. Gas analysis shall be performed by using the integrated sample technique of Method 4 as described inpart 60 of this chapter except that stack gases arising only from a sulfuric acid production unit may be considered to have zero moisture content.</P> <P>(<E T="03">f</E>) The gas sample shall be extracted at a rate proportional to the gas velocity at the sampling point.</P> <P>(<E T="03">g</E>) For each two hour test period, the sulfur dioxide emission rate for each stack shall be determined by multiplying the stack gas volumetric flow rate (ft<E T="21"> 3</E>/hr at standard conditions, dry basis) by the sulfur dioxide concentration (lb/ft<E T="21"> 3</E> at standard conditions, dry basis). The emission rate in lbs/hr-maximum 6-hour average for each stack is determined by calculating the arithmetic average of the results of the three 2-hour tests.</P> <P>(<E T="03">h</E>) The sum total of sulfur dioxide emissions from the smelter premises in lbs/hr is determined by adding together <PRTPAGE P="185"/>the emission rates (lbs/hr) from all stacks equipped with the measurement system(s) required by paragraph (d)(4) of this section.</P> <P>(e) Alternate regulation for control of sulfur dioxide emissions (Nevada Intrastate Region). (1) The owner or operator of the Kennecott Copper Company smelter located in White Pine County, Nevada, in the Nevada Intrastate Air Quality Control Region may apply to the Administrator for approval to meet the requirements of this paragraph. Upon such approval, granted pursuant to paragraph (e)(3) of this section, the requirements of paragraph (d) shall not be applicable during the period of such approval, and all requirements of this paragraph shall apply.</P> <P>(2) All terms used in this paragraph but not specifically defined below shall have the meaning given them in the Act, part 51 or § 52.01 of this chapter.</P> <P>(i) The term “supplementary control system” means any system which limits the amount of pollutant emissions during periods when meteorological conditions conducive to ground-level concentrations in excess of national standards exist or are anticipated.</P> <P>(ii) The term “ambient air quality violation” means any single ambient concentration of sulfur dioxide that exceeds any National Ambient Air Quality Standard for sulfur dioxide at any point in a designated liability area, as specified in paragraph(e)(8) of this section.</P> <P>(iii) The term “isolated source” means a source that will assume legal responsibility for all violations of the applicable national standards in its designated liability area, as specified in paragraph (e)(8) of this section.</P> <P>(iv) The term “designated liability area” means the geographic area within which emissions from a source may significantly affect the ambient air quality.</P> <P>(3)(i) The application for permission to comply with this paragraph shall be submitted to the Administrator no later than sixty (60) days following the effective date of this paragraph and shall include the following:</P> <P>(<E T="03">a</E>) A short description of the type and location of the smelter; the process, equipment, raw materials and fuels used; the stacks employed; and emissions to the atmosphere from various points on the smelter premises.</P> <P>(<E T="03">b</E>) A general description and the location of other sources of air pollution and of the uses of land, and the topography in the vicinity of the smelter.</P> <P>(<E T="03">c</E>) A summary of all ambient air quality data in the vicinity of the smelter collected by or under contract to smelter.</P> <P>(<E T="03">d</E>) A description of the methods of constant emission reduction that are or will be applied and the degree of emission reduction achieved or expected due to their application.</P> <P>(<E T="03">e</E>) A description of the investigations that the owner or operator has made, and the results thereof, as to the availability of constant emission reduction methods that would meet the requirements of paragraph (d)(2) of this section and a discussion of the reasons why anypotentially available methods cannot reasonably be used.</P> <P>(<E T="03">f</E>) A specific description of the research, investigations, or demonstrations that the owner or operator will conduct or support for the purpose of developing constant emission reduction technology applicable to the smelter. Such description shall include the resources to be committed, qualifications of the participants, a description of the facilities to be utilized and milestone dates.</P> <P>(<E T="03">g</E>) A detailed description of all other measures the owner or operator will apply, in addition to those described in paragraph (e)(3)(i)(<E T="03">d</E>) of this section, to provide for attainment and maintenance of the air quality standards. These measures include but need not be limited to supplementary control systems, tall stacks and other dispersion techniques. Each measure to be applied shall be described in sufficient detail to allow the Administrator to determine its effectiveness in reducing ambient concentrations.</P> <P>(<E T="03">h</E>) A written commitment by the owner or operator of the source subject to this paragraph agreeing to assume liability for all violations of National Ambient Air Quality Standards within the designated liability area.</P> <P>(<E T="03">i</E>) Such other pertinent information as the Administrator may require.<PRTPAGE P="186"/> </P> <P>(ii) Upon receipt of the information specified in paragraph (e)(3)(i) of this section, and after making a determination of its adequacy, the Administrator promptly shall, after thirty (30) days notice, conduct a public hearing on the application submitted by the owner or operator. The Administrator shall make available to the public the information contained in the application. Within thirty (30) days after the hearing, the Administrator shall notify the owner or operator of the smelter and other interested parties of his decision as to whether to grant or deny the application. If he denies the application, he will set forth his reasons. If he approves the application the owner or operator shall comply with all provisions of paragraph (e) of this section and need not comply with provisions of paragraph (d) of this section except as provided in paragraph (e)(16) of this section.</P> <P>(iii) Approval of the application to abide by the provisions of paragraph (e) will be granted if it can be satisfactorily demonstrated to the Administrator that control measures in addition to the available constant emission controls are required and if the specific measures submitted pursuant to paragraph (e)(3)(i)(<E T="03">g</E>) of this section will provide for the attainment and maintenance of the National Ambient Air Quality Standards.</P> <P>(4)(i) The owner or operator of the smelter subject to this paragraph shall not discharge or cause the discharge of sulfur dioxide into the atmosphere in excess of:</P> <P>(<E T="03">a</E>) 2,600 parts per million-maximum 6-hour average, from any single absorption sulfuric acid producing facility designed for the removal of sulfur dioxide, as determined by the method specified in paragraph (e)(6) (i) or (iii) of this section,and</P> <P>(<E T="03">b</E>) 29,000 pounds per hour (13,154 kg/hr) maximum 6-hour average, as determined by the method specified in paragraph (e)(6) (ii) or (iv) of this section. Such limitation shall apply to the sum total of sulfur dioxide emissions from the smelter processing units and sulfur oxides control and removal equipment but not including uncaptured fugitive emissions and those emissions due solely to use of fuel for space heating or steam generation.</P> <P>(ii) All emissions from the converters, with the exception of the uncaptured fugitive emissions, shall be processed through a facility for the removal of sulfur dioxide which meets the requirements of paragraph (e)(4)(i)(<E T="03">a</E>) of this section.</P> <P>(5) (i) The owner or operator of the smelter to which this paragraph is applicable shall install, calibrate, maintain and operate a measurement system(s) for continuously monitoring sulfur dioxide emissions and stack gas volumetric flow rates in each stack which emits 5 percent or more of the total potential (without emission con-trols) hourly sulfur oxide emissions from the source. For the purpose of this paragraph, “continuous moni-tor-ing” means taking and recording of at least one measurement of sulfur dioxide concentration and stack gas flow rate reading from the effluent of each affected stack in each 15-minute period.</P> <P>(ii) No later than the date specified in paragraph (e)(14)(i)(<E T="03">b</E>)(<E T="03">5</E>) of this section and at such other times in the future as the Administrator may reasonably specify, the sulfur dioxide concentration measurement system(s) installed and used pursuant to this paragraph shall be demonstrated to meet the measurement system performance specifications prescribed in Appendix D to this part.</P> <P>(iii) No later than the date specified in paragraph (e)(14)(i)(<E T="03">b</E>)(<E T="03">5</E>) of this section and at such other times in the future as the Administrator may reasonably specify, the stack gas volumetric flow rate measurement system(s) installed and used pursuant to this paragraph shall be demonstrated to meet the measurement system performance specifications prescribed in Appendix E to this part.</P> <P>(iv) The Administrator shall be notified at least 10 days in advance of the start of the field test period required in Appendices D and E to this part to afford the Administrator the opportunity to have an observer present.</P> <P>(v) The sampling point for monitoring emissions shall be in the duct at the centroid of the cross section if the cross sectional area is less than 4.647 <PRTPAGE P="187"/>m<E T="21"> 2</E> (50 ft<E T="21"> 2</E>) or at a point no closer to the wall than 0.914 m (3 ft) if the cross sectional area is 4.647 m<E T="21"> 2</E> (50 ft<E T="21"> 2</E>) or more. The monitor sample point shall be an area of small spatial concentration gradient and shall be representative of the concentration in the duct.</P> <P>(vi) The measurement system(s) installed and used pursuant to this section shall be subjected to the manufacturer's recommended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case such specifications or recommendations shall be followed. Records of these procedures shall be made which clearly show instrument readings before and after zero adjustment and calibration.</P> <P>(vii) Six-hour average sulfur dioxide concentration and emission rates shall be calculated in accordance with paragraph (e)(6) of this section and recorded daily.</P> <P>(viii) The owner or operator of the smelter subject to this paragraph shall maintain a record of all measurements required by this paragraph. Measurement results shall be expressed in the units prescribed by the emission limitations in paragraph (e)(4) of this section. Six-hour average values calculated pursuant to paragraphs (e)(6) (i) and (ii) of this section shall be reported as of each hour for the preceding six hours. The results shall be summarized monthly and shall be submitted to the Administrator within fifteen (15) days of the end of each month. A record of such measurements shall be retained for at least two years following the date of such measurements.</P> <P>(6)(i) Compliance with the requirements of paragraph (e)(4)(i)(<E T="03">a</E>) of this section shall be determined using the continuous measurements system(s) installed, calibrated, maintained and operated in accordance with the requirements of paragraph (e)(5) of this section. For the stack(s) equipped with the measurement system(s) required by paragraph (e)(5) of this section and serving the sulfur dioxide removal device a 6-hour average sulfur dioxide concentration shall be calculated as of the end of each clock hour for the preceding six hours, in the following manner:</P> <P>(<E T="03">a</E>) Divide each 6-hour period into twenty-four 15-minute segments.</P> <P>(<E T="03">b</E>) Determine on a compatible basis a sulfur dioxide concentration measurement for each 15-minute period. These measurements may be obtained either by continuous integration of all measurements (from the respective affected facility) recorded during the 15-minute period or from the arithmetic average of any number of sulfer dixide concentration redings equally spaced over the 15-minute period. In the latter case, the same number of concentration readings shall be taken in each 15-minute period and the readings shall be similarly spaced within each 15-minute period.</P> <P>(<E T="03">c</E>) Calculate the arithmetic average of all 24 concentration measurements in each 6-hour period.</P> <P>(ii) Compliance with the requirements of paragraph (e)(4)(i)(<E T="03">b</E>) of this section shall be determined using the continuous measurement system(s) installed, calibrated, maintained and operated in accordance with the requirements of paragraph (e)(5) of this section. For all stacks equipped with the measurement system(s) required by paragraph (e)(5) of this section, a 6-hour average sulfur dioxide emission rate shall be calculated as of the end of each clock hour for the preceding six hours, in the following manner:</P> <P>(<E T="03">a</E>) Divide each 6-hour period into twenty-four 15-minute segments.</P> <P>(<E T="03">b</E>) Determine on a compatible basis a sulfur dioxide concentration and stack gas flow rate measurement for each 15-minute period for each affected stack. These measurements may be obtained either by continuous integration of sulfur dioxide concentrations and stack gas flow rate measurements (from the respective affected facilities) recorded during the 15-minute period or from the arithmetic average of any number of sulfur dioxide concentration and stack gas flow rate readings equally spaced over the 15-minute period. In the latter case, the same number of concentration readings shall be taken in each 15-minute period and the readings shall be similarly spaced within each 15-minute period.<PRTPAGE P="188"/> </P> <P>(<E T="03">c</E>) Calculate the arithmetic average (lbs SO<E T="22">2</E>/hr) of all 24 emission rate measurements in each 6-hour period for each stack.</P> <P>(<E T="03">d</E>) Total the average sulfur dioxide emission rates for all affected stacks.</P> <P>(iii) Notwithstanding the requirements of paragraph (e)(6)(i) of this section, compliance with the requirements of paragraph (e)(4)(i)(<E T="03">a</E>) of this section shall also be determined by using the methods described below at such times as may be specified by the Administrator. For each stack serving any process designed for the removal of sulfur dioxide a 6-hour average sulfur dioxide concentration shall be determined as follows:</P> <P>(<E T="03">a</E>) The test of each stack emission concentration shall be conducted while the processing units vented through such stack are operating at or above the maximum rate at which such will be operated and under such other conditions as the Administrator may specify.</P> <P>(<E T="03">b</E>) Concentrations of sulfur dioxide in emissions shall be determined by using Method 8 as described in part 60 of this chapter. The analytical and computational portions of Method 8 as they relate to determination of sulfuric acid mist and sulfur trioxide as well as isokinetic sampling may be omitted from the over-all test procedure.</P> <P>(<E T="03">c</E>) Three independent sets of measurements of sulfur dioxide concentration shall be conducted during three 6-hour periods of each stack. Each 6-hour period will consist of three consecutive 2-hour periods. Measurements of emissions from all stacks on the smelter premises need not be conducted simultaneously. All tests must be completed within a 72-hour period.</P> <P>(<E T="03">d</E>) In using Method 8, traversing shall be conducted according to Method 1 as described in part 60 of this chapter. The minimum sampling volume for each two hour test shall be 40 ft<E T="21"> 3</E> corrected to standard conditions, dry basis.</P> <P>(<E T="03">e</E>) The velocity of the total effluent from each stack evaluated shall be determined by using Method 2 as described in part 60 of this chapter and traversing according to Method 1. Gas analysis shall be performed by using the integrated sample technique of Method 3 as described in part 60 of thi8s chapter. Moisture content can be considered to be zero.</P> <P>(<E T="03">f</E>) The gas sample shall be extracted at a rate proportional to gas velocity at the sampling point.</P> <P>(<E T="03">g</E>) The sulfur dioxide concentration in parts per million-maximum 6-hour average for each stack is determined by calculating the arithmetic average of the results of the three 2-hour tests.</P> <P>(iv) Notwithstanding the requirements of paragraph (e)(6)(ii) of this section, compliance with the requirements of paragraph (e)(4)(i)(<E T="03">b</E>) of this section shall also be determined by using the methods described below at such times as may be specified by the Administrator. For all stacks equipped with the measurement system(s) required by paragraph (e)(5) of this section, a 6-hour average sulfur dioxide emission rate (lbs SO<E T="22">2</E>/hr) shall be determined as follows:</P> <P>(<E T="03">a</E>) The test of each stack emission rate shall be conducted while the processing units vented through such stack are operating at or above the maximum rate at which they will be operated and under such other conditions as the Administrator shall specify.</P> <P>(<E T="03">b</E>) Concentrations of sulfur dioxide in emissions shall be determined by using Method 8 as described in part 60 of this chapter. The analytical, and computational portions of Method 8 as they relate to determination of sulfuric acid mist and sulfur trioxide as well as isokinetic sampling may be omitted from the over-all test procedure.</P> <P>(<E T="03">c</E>) Three independent sets of measurements of sulfur dioxide concentrations and stack gas volumetric flow rates shall be conducted during three consecutive 2-hour periods for each stack. Measurements need not necessarily be conducted simultaneously of emissions from all stacks on the smelter premises.</P> <P>(<E T="03">d</E>) In using Method 8, Traversing shall be conducted according to Method 1 as described in part 60 of this chapter. The minimum sampling volume for each 2-hour test shall be 40 ft<E T="21"> 3</E> corrected to standard conditions, dry basis.</P> <P>(<E T="03">e</E>) The volumetric flow rate of the total effluent from each stack evaluated shall be determined by using <PRTPAGE P="189"/>Method 2 as described in part 60 of this chapter and by traversing according to Method 1. Gas analysis shall be performed by using the integrated sample technique of Method 3 as described in part 60 of this chapter. Moisture content shall be determined by use of Method 4 as described in part 60 of this chapter except that stack gases arising only from a sulfuric acid production unit may be considered to have zero moisture content.</P> <P>(<E T="03">f</E>) The gas sample shall be extracted at a rate proportional to the gas velocity at the sampling point.</P> <P>(<E T="03">g</E>) For each 2-hour test period, the sulfur dioxide emission rate for each stack shall be determined by multiplying the stack gas volumetric flow rate (ft<E T="21"> 3</E>/hr at standard conditions, dry basis) by the sulfur dioxide concentration (lb/ft<E T="21"> 3</E> at standard conditions, dry basis). The emission rate in lbs/hr-maximum 6-hour average for each stack is determined by calculating the arithmetic average of the results of the three 2-hour tests.</P> <P>(<E T="03">h</E>) The sum total of sulfur dioxide emissions from the smelter premises in lbs/hr is determined by adding together the emission rates (lbs/hr) from all stacks equipped with the measurement system(s) required by paragraph (e)(5) of this section.</P> <P>(7) The owner or operator of the smelter subject to this paragraph, in addition to meeting the emission limitation requirements of paragraph (e)(4) of this section, shall employ supplementary control systems and/or such additional control measures as may be necessary to assure the attainment and maintenance of the National Ambient Air Quality Standards for sulfur dioxide.</P> <P>(i) Such measures will be limited to those specified in the application submitted pursuant to paragraph (e)(3)(i)(<E T="03">g</E>) of this section.</P> <P>(ii) Sulfur oxides emissions shall be curtailed whenever the potential for violating any National Ambient Air Quality Standard for sulfur dioxide is indicated at any point in a designated liability area by either of the following:</P> <P>(<E T="03">a</E>) Air quality measurement.</P> <P>(<E T="03">b</E>) Air quality prediction.</P> <P>(8)(i) For the purposes of this paragraph the designated liability area shall be a circle with a radius of fifteen (15) statute miles (24 km) with the center point of such circle coinciding with the tallest stack serving the affected facility. The owner or operator of the smelter subject to this paragraph may submit a detailed report which justifies redefining the designated liability area specified by the Administrator. Such a justification shall be submitted with the application submitted pursuant to paragraph (e)(3)(i) of this section and shall describe and delineate the requested designated liability area and discuss in detail the method used and the factors taken into account in the development of such area. Upon receipt and evaluation of such report, and after the public hearing described in paragraph (e)(3)(ii) of this section, the Administrator shall issue his final determination.</P> <P>(ii) If new information becomes available which demonstrates that the designated liability area should be redefined, the Administrator shall consider such and if appropriate, after notice and comment, redefine the designated liability area.</P> <P>(9) (i) The owner or operator of the smelter subject to the paragraph shall submit with the application submitted pursuant to paragraph (e)(3)(i) of this section, a detailed plan for the establishment of a supplementary control system and/or such other measures as may be proposed. Such plan shall describe all air quality and emission monitoring and meteorological equipment to be used, including instruments installed pursuant to paragraph (e)(5) of this section for continuously monitoring and recording sulfur dioxide emissions and stack gas flow rate, the methods that will be used to determine emission rates to be achieved in association with various meteorological and air quality situations, and the general plan of investigations to be followed in developing the system and the operational manual.</P> <P>(ii) Such plan shall include detailed specifications of any modifications to existing equipment including new stacks, stack extensions, stack heating systems or any process changes to be applied.<PRTPAGE P="190"/> </P> <P>(iii) The monitoring described in the detailed plan submitted in accordance with this subparagraph and the appropriate recordkeeping requirements of paragraph (e)(12) of this section shall commence and become applicable as of the date specified in paragraph (e)(14)(i)(<E T="03">b</E>)(<E T="03">5</E>) of this section.</P> <P>(10) The owner or operator of the smelter subject to this paragraph shall submit to the Administrator a comprehensive report of a study which demonstrates the capability of the supplementary control system, in conjunction with any other control measures, to reduce air pollution levels. The report shall describe a study conducted during a period of at least 120 days during which the supplementary control system was being developed and operated and shall be submitted no later than the date specified in paragraph (e)(14)(i)(<E T="03">b</E>)(<E T="03">6</E>) of this section. The report shall:</P> <P>(i) Describe the emission monitoring system and the air quality monitoring network.</P> <P>(ii) Describe the meteorological sensing network and the meteorological prediction program.</P> <P>(iii) Identify the frequency, characteristics, times of occurrence and durations of meteorological conditions associated with high ground-level concentrations.</P> <P>(iv) Describe the methodology (e.g., disperson modeling and measured air quality data) by which the source determines the degree of control needed under each meteorological situation.</P> <P>(v) Describe the method chosen to vary the emission rate, the basis for the choice, and the time required to effect a sufficient reduction in the emission rate to avoid violations of National Ambient Air Quality Standards.</P> <P>(vi) Contain an estimate of the frequency that emission rate reduction is required to prevent National Ambient Air Quality Standards from being exceeded and the basis for the estimate.</P> <P>(vii) Include data and results of objective reliability tests. “Reliability,” as the term is applied here, refers to the ability of the supplementary control system to protect against violations of the National Ambient Air Quality Standards.</P> <P>(viii) Demonstrate that the supplementary control system and other measures expected to be employed after the date specified in paragraph (e)(14)(i)(<E T="03">b</E>)(<E T="03">6</E>) of this section will result in attainment and maintenance of National Ambient Air Quality Standards.</P> <P>(11) The owner or operator of the smelter subject to this paragraph shall submit to the Administrator an operational manual for the supplementary control system. Such manual shall be submitted no later than the date specified in paragraph (e)(14)(i)(<E T="03">b</E>)(<E T="03">6</E>) of this section and is subject to the approval of the Administrator as satisfying the specific requirements of this paragraph. Such approval shall not relieve the owner or operator of the smelter subject to this paragraph from its assumed liability for violations of any National Ambient Air Quality Standards for sulfur oxides in the designated liability area. Prior to making his final decision, the Administrator shall, after reasonable notice, provide an opportunity of not less than forty-five (45) days for public inspection and comment upon the manual. Such manual shall:</P> <P>(i) Specify the number, type, and location of ambient air quality monitors, instack monitors and meteorological instruments to be used.</P> <P>(ii) Describe techniques, methods, and criteria to be used to anticipate the onset of meteorological situations associated with ground-level concentrations in excess of National Ambient Air Quality Standards and to systematically evaluate and, as needed, improve the reliability of the supplementary control system.</P> <P>(iii) Describe the criteria and procedures that will be used to determine the degree of emission control needed for each class of meteorological and air quality situations.</P> <P>(iv) Specify maximum emission rates which may prevail during all probable meteorological and air quality situations, which rates shall be such that National Ambient Air Quality Standards will not be exceeded in the designated liability area. Such emission rates shall be determined by in-stack monitors. Data from such monitors shall be the basis for determining whether the emission rate provisions of <PRTPAGE P="191"/>the approved operational manual are adhered to.</P> <P>(v) Describe specific actions that will be taken to curtail emissions when various meteorological conditions described in paragraph (c)(11)(ii) of this section exist or are predicted and/or when specified air quality levels occur.</P> <P>(vi) Identify the company personnel responsible for initiating and supervising the actions that will be taken to curtail emissions. Such personnel must be responsible, knowledgeable and able to apprise the Administrator of the status of the supplementary control system at any time the source is operating.</P> <P>(vii) Be modified only if approval by the Administrator is first obtained.</P> <P>(12) The owner or operator of the smelter subject to this paragraph shall:</P> <P>(i) Maintain, in a usable manner, records of all measurements and reports prepared as part of the supplementary control system described in the approved operational manual. Such records shall be retained for at least two years.</P> <P>(ii) Submit, on a monthly basis, the hour by hour measurements made of air quality, emissions and meteorological parameters, and all other measurements made on a periodic basis, as part of the approved supplementary control system.</P> <P>(iii) Submit a monthly summary indicating all places, dates, and times when National Ambient Air Quality Standards for sulfur oxides were exceeded and the concentrations of sulfur dioxide at such times.</P> <P>(iv) Notify the Administrator of any violation of National Ambient Air Quality Standards within 24 hours of the occurrence of such violation.</P> <P>(v) Submit a monthly summary report describing and analyzing how the supplementary control system was operated as related to the approved operations manual and how the system will be improved, if necessary, to prevent violations of the National Ambient Air Quality Standards for sulfur oxides or to prevent any other conditions which are not in accordance with the approved operational manual.</P> <P>(13)(i) The owner or operator of the smelter subject to this paragraph shall participate in a research program to develop and apply constant emission reduction technology adequate to attain and maintain the national standards. Such program shall be carried out in accordance with the plan submitted pursuant to paragraph (e)(3)(i)(<E T="03">f</E>) of this section.</P> <P>(ii) The owner or operator of the smelter subject to this paragraph shall submit annual reports on the progress of the research and development program required by paragraph (e)(13)(i) of this section. Each report shall also include, but not be limited to, a description of the projects underway, information on the qualifications of the personnel involved, information on the funds and personnel that have been committed, and an estimated date for the installation of the constant emission reduction technology necessary to attain and maintain the National Ambient Air Quality Standards.</P> <P>(14) (i) The owner or operator of the smelter subject to this paragraph shall comply with the compliance schedules specified below.</P> <P>(<E T="03">a</E>) Compliance schedule for meeting the emission reduction requirements of paragraph (e)(4) of this section:</P> <P>(<E T="03">1</E>) No later than thirty (30) days after the date of approval to meet the requirements of this paragraph—submit a final plan and schedule to the Administrator for meeting the requirements of paragraph (e)(4) of this section.</P> <P>(<E T="03">2</E>) No later than thirty (30) days after the date of approval to meet the requirements of this paragraph—let contracts or issue purchase order for emission control systems or process modifications or provide evidence that such contracts have been let.</P> <P>(<E T="03">3</E>) July 1, 1975. Initiate on-site construction or installation of emission control equipment or process change.</P> <P>(<E T="03">4</E>) July 1, 1976. Complete on-site construction or installation of constant emission control equipment or process change.</P> <P>(<E T="03">5</E>) January 1, 1977. Achieve final compliance with the requirements of paragraph (<E T="03">4</E>) of this paragraph (e)(14)(i)(<E T="03">a</E>).</P> <P>(<E T="03">b</E>) Compliance schedule for implementing a supplementary control system or other measures which meet the <PRTPAGE P="192"/>requirements of paragraphs (e) (7), (9), (10), and (11) of this section.</P> <P>(<E T="03">1</E>) No later than sixty (60) days after approval to meet the requirements of this paragraph—submit to the Administrator a detailed schedule for establishment and implementation of the supplementary control system and other measures in accordance with paragraph (e)(9) of this section.</P> <P>(<E T="03">2</E>) No later than ninety (90) days after approval to meet the requirements of this paragraph—let contracts or issue purchase orders, or provide evidence that such contracts have been let, for ambient air quality monitors, meteorological instruments, and other component parts necessary to establish a supplementary control system.</P> <P>(<E T="03">3</E>) No later than ninety (90) days after approval to meet the requirements of this paragraph—let contracts or issue purchase orders, or provide evidence that such contracts have been let, for any stack extensions or modifications of equipment approved pursuant to paragraph (e)(3) of this section.</P> <P>(<E T="03">4</E>) November 1, 1975. Complete installation of air quality and emission monitors and meteorological equipment.</P> <P>(<E T="03">5</E>) January 1, 1976. Complete installation of any stack extensions or modifications of equipment approved pursuant to paragraph (e)(3) of this section.</P> <P>(<E T="03">6</E>) May 1, 1976. Submit to the Administrator the comprehensive report on the supplementary control system required by paragraph (e)(10) of this section, and submit to the Administrator for his approval the operational manual required by paragraph (e)(11) of this section.</P> <P>(<E T="03">7</E>) January 1, 1977. The National Ambient Air Quality Standards for sulfur dioxide shall not be violated in the designated liability area.</P> <P>(ii) Any owner or operator subject to the requirements of this subparagraph shall certify to the Administrator within five (5) days after the deadline for each increment of progress whether or not the required increment of progress has been met.</P> <P>(iii) Notice must be given to the Administrator at least ten (10) days prior to conducting a performance test to afford him the opportunity to have an observer present.</P> <P>(iv) If the source subject to this paragraph is presently in compliance with any of the increments of progress set forth in this paragraph, the owner or operator of such source shall certify such compliance to the Administrator within thirty (30) days of the effective date of this paragraph. The Administrator may request whatever supporting information he considers necessary to determine the validity of the certification.</P> <P>(v) The owner or operator of the smelter subject to this paragraph may submit to the Administrator proposed alternative compliance schedules. Each such proposed compliance schedule shall be submitted with the application submitted pursuant to paragraph (e)(3)(i) of this section. No such compliance schedule may provide for final compliance after January 1, 1977. If approved by the Administrator, such schedule shall replace the compliance schedule set forth in this paragraph.</P> <P>(vi) Any such compliance schedule submitted to the Administrator shall provide for increments of progress toward compliance. The dates for achievement of such increments of progress shall be specified. Increments of progress shall include, but not be limited to, the increments specified in the appropriate compliance schedule set forth in paragraphs (e)(14)(i) (<E T="03">a</E>) and (<E T="03">b</E>) of this section.</P> <P>(15) (i) The Administrator shall annually review the supplementary control system and shall deny continued use of the supplementary control system if he determines that:</P> <P>(<E T="03">a</E>) The review indicates that constant emission control technology has become available or that other factors which may bear on the conditions for use of a supplementary control system have changed to the extent that continued use of the supplementary control system would no longer be deemed approvable within the intent of paragraph (e)(3) of this section; or</P> <P>(<E T="03">b</E>) The source owner or operator has not demonstrated good faith efforts to follow the stated program for developing constant emission reduction procedures; or</P> <P>(<E T="03">c</E>) The source owner or operator has not developed and employed a control program that is effective in preventing <PRTPAGE P="193"/>violations of National Ambient Air Quality Standards.</P> <P>(ii) Prior to denying the continued use of a supplementary control system pursuant to paragraph (e)(15)(i) of this section, the Administrator shall notify the owner or operator of the smelter subject to this paragraph of his intent to deny such continued use, together with:</P> <P>(<E T="03">a</E>) The information and findings on which such intended denial is based.</P> <P>(<E T="03">b</E>) Notice of opportunity for such owner or operator to present, within thirty (30) days, additional information or arguments to the Administrator prior to his final determination.</P> <P>(iii) The Administrator shall notify the owner or operator of the smelter subject to this paragraph of his final determination within thirty (30) days after the presentation of additional information or arguments, or thirty (30) days after the final datee specified for such presentation if no presentation is made. If the continued usee of the supplementary control system is denied, the final determination shall set forth the specific grounds for such denial.</P> <P>(16) Upon denial of the continued use of a supplementary control system pursuant to paragraph (e)(15) of this section all the requirements of paragraph (d) of this section shall be immediately applicable to the owner or operator of the Kennecott Copper Company smelter located in White Pine County, Nevada, in the Nevada Intrastate Region and compliance therewith shall be achieved in accordance with such schedule as the Administrator shall order.</P> <P>(17) The owner or operator of the smelter subject to this paragraph shall be in violation of a requirement of an applicable implementation plan and subject to the penalties specified in section 113 of the Clean Air Act if:</P> <P>(i) An increment of the compliance schedules set forth in paragraph (e)(14) of this section is not met by the date specified; or</P> <P>(ii) The total sulfur dioxide concentration determined according to paragraph (e)(6) (i) or (iii) of this section exceeds the emission limitation set forth in paragraph (e)(4)(i)(<E T="03">a</E>) of this section; or</P> <P>(iii) The total sulfur dioxide emission rate determined according to paragraph (e)(6) (ii) or (iv) of this section exceeds the emission limitation set forth in paragraph (e)(4)(i)(<E T="03">b</E>) of this section; or</P> <P>(iv) Any National Ambient Air Quality Standards for sulfur oxides are violated in the designated liability area; or</P> <P>(v) Operations of the supplementary control system are not conducted in accordance with the approved operational manual; or</P> <P>(vi) Such owner or operator fails to submit any of the information required by this paragraph.</P> <CITA>[40 FR 5511, Feb. 6, 1975, as amended at 51 FR 40676, Nov. 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1476</SECTNO> <SUBJECT>Control strategy: Particulate matter.</SUBJECT> <P>(a) The requirements of subpart G of this chapter are not met since the plan does not provide for the attainment and maintenance of the national standards for particulate matter in the Northwest Nevada and Nevada Intrastate Regions.</P> <P>(b) The following rule and portions of the control strategy are disapproved since they do not provide the degree of control needed to attain and maintain the National Ambient Air Quality Standards for particulate matter.</P> <P>(1) NAQR Article 7.2.7, <E T="03">Particulate Matter;</E> Table 4.2, <E T="03">Emissions Inventory Summary for Particulates</E> and Table 5.2, <E T="03">Summary of Control Strategy Analysis for Particulates,</E> from the Nevada Control Strategy, submitted on October 7, 1976.</P> <P>(c) The following rules are disapproved because they relax the emission limitation on particulate matter.</P> <P>(1) Clark County District Board of Health, Table 27.1, (Particulate Matter from Process Matter), submitted on July 24, 1979.</P> <P>(2) Nevada Air Quality Regulations, Article 4, Rule 4.34, (Visible Emission from Stationary Sources), submitted on December 29, 1978, and Rule 4.3.6, (Visible Emission from Stationary Sources), submitted on June 24, 1980.</P> <CITA>[37 FR 10877, May 31, 1972, as amended at 45 FR 8011, Feb. 6, 1980; 46 FR 43142, Aug. 27, 1981; 51 FR 40676, Nov. 7, 1986]</CITA> </SECTION> <SECTION> <PRTPAGE P="194"/> <SECTNO>§ 52.1477</SECTNO> <SUBJECT>Nevada air pollution emergency plan.</SUBJECT> <P>Section 6.1.5 of the Emergency Episode Plan submitted on December 29, 1978 is disapproved since termination of the episode is left to the discretion of the Control Officer and not specified criteria and it does not meet the requirements of 40 CFR 51.16 and Appendix L. The old rule 6.1.5 submitted on January 28, 1972 is retained.</P> <CITA>[45 FR 46385, July 10, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1478</SECTNO> <SUBJECT>Extensions.</SUBJECT> <P>The Administrator, by the authority delegated under section 186(a)(4) of the Clean Air Act as amended in 1990, hereby extends for one year, until December 31, 1996, the attainment date for the Clark County (Las Vegas Valley), Nevada carbon monoxide nonattainment area.</P> <CITA>[61 FR 57333, Nov. 6, 1996]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1479</SECTNO> <SUBJECT>Source surveillance.</SUBJECT> <P>(a) The requirements of § 51.211 of this chapter are not met, except in Clark County, since the plan does not provide adequate legally enforceable procedures for requiring owners or operators of stationary sources to maintain records of, and periodically report, information on the nature and amount of emissions.</P> <P>(b) The requirements of § 51.214 of this chapter are not met since the plan does not provide adequate legally enforceable procedures to require stationary sources subject to emission standards to submit information relating to emissions and operation of the emission monitors to the State as specified in Appendix P of part 51.</P> <CITA>[37 FR 10878, May 31, 1972, as amended at 38 FR 12709, May 14, 1973; 40 FR 55331, Nov. 28, 1975; 43 FR 36933, Aug. 21, 1978; 51 FR 40677, Nov. 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§§ 52.1480—52.1481</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1482</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <P>(a)-(b) [Reserved]</P> <P>(c) The compliance schedule revisions submitted for the sources identified below are disapproved as not meeting the requirement of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.</P> <GPOTABLE CDEF="s130,r50,r50,r50" COLS="4" OPTS="L2"> <BOXHD> <CHED H="1">Source</CHED> <CHED H="1">Location</CHED> <CHED H="1">Regulation involved</CHED> <CHED H="1">Date of adoption</CHED> </BOXHD> <ROW> <ENT I="01">Jack N. Tedford, Inc</ENT> <ENT>Fallon</ENT> <ENT>Not given</ENT> <ENT>Aug. 14, 1972.</ENT> </ROW> <ROW> <ENT I="01">Basic, Inc</ENT> <ENT>Gabbs</ENT> <ENT>Article 4</ENT> <ENT>Feb. 13, 1973.</ENT> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT I="52">Article 7</ENT> <ENT>June 26, 1973.</ENT> </ROW> <ROW> <ENT I="01">Duval Corp</ENT> <ENT>Battle Mountain</ENT> <ENT>Article 5</ENT> <ENT>Feb. 13, 1973.</ENT> </ROW> <ROW> <ENT I="01">Mohave Generating Station, Southern California Edison Co</ENT> <ENT>Laughlin</ENT> <ENT>Clark County, Section 16</ENT> <ENT>Jan. 11, 1973.</ENT> </ROW> <ROW> <ENT I="22"/> </ROW> <ROW> <ENT I="52">Section 26</ENT> <ENT>July 17, 1973.</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[39 FR 14209, Apr. 22, 1974, as amended at 40 FR 3995, Jan. 27, 1975; 51 FR 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1483</SECTNO> <SUBJECT>Malfunction regulations.</SUBJECT> <P>(a) The following regulations are disapproved because they would permit the exemption of sources from applicable emission limitations under certain situations and therefore they do not satisfy the enforcement imperatives of section 110 of the Clean Air Act.</P> <P>(1) Clark County District Board of Health</P> <P>(i) Section 25, Rules 25.1-25.1.4.</P> <CITA>[49 FR 10259, Mar. 20, 1984]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1484</SECTNO> <RESERVED>[Reserved]</RESERVED> </SECTION> <SECTION> <SECTNO>§ 52.1485</SECTNO> <SUBJECT>Significant deterioration of air quality.</SUBJECT> <P>(a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan, except as it applies to the Clark County Health District, does not include approvable procedures for preventing the significant deterioration of air quality.</P> <P>(b) Regulation for preventing significant deterioration of air quality. The provisions of § 52.21(b) through (w) are <PRTPAGE P="195"/>incorporated and made a part of the applicable State plan for the State of Nevada except for that portion applicable to the Clark County Health District.</P> <P>(c) All applications and other information required pursuant to § 52.21 from sources located in the jurisdiction of the State of Nevada shall be submitted to the Director, Department of Conservation and Natural Resources, 201 South Fall Street, Carson City, Nevada instead of the EPA Region 9 Office.</P> <CITA>[47 FR 26621, June 21, 1982, as amended at 48 FR 28271, June 21, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1486</SECTNO> <SUBJECT>Control strategy: Hydrocarbons and ozone.</SUBJECT> <P>(a) The requirements of subpart G of this chapter are not met since the plan does not provide for the attainment and maintenance of the national standard for ozone in the Las Vegas Intrastate Region (§ 81.80 of this chapter).</P> <CITA>[45 FR 67347, Oct. 10, 1980, as amended at 51 FR 40676, Nov. 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1487</SECTNO> <SUBJECT>Public hearings.</SUBJECT> <P>(a) The requirements of § 51.102 (a) and (e) of this chapter are not met since NAQR, Article 2.11.4.2 allows variances (compliance schedules), to be renewed without a public hearing, thus allowing further postponement of the final compliance date for sources whose emissions contribute to violations of the national standards. Therefore, NAQR, Article 2.11.4.2 is disapproved.</P> <CITA>[43 FR 1343, Jan. 24, 1978, as amended at 51 FR 40675, Nov. 7, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1488</SECTNO> <SUBJECT>Visibility protection.</SUBJECT> <P>(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.</P> <P>(b) Regulation for visibility monitoring and new source review. The provisions of §§ 52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of Nevada.</P> <P>(c) <E T="03">Long-term strategy.</E> The provisions of § 52.29 are hereby incorporated and made part of the applicable plan for the State of Nevada.</P> <CITA>[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1489</SECTNO> <SUBJECT>Particulate matter (PM-10) Group II SIP commitments.</SUBJECT> <P>(a) On March 29, 1989, the Air Quality Officer for the State of Nevada submitted a revision to the State Implementation Plan for Battle Mountain that contains commitments, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM-10 Group II SIPs.</P> <P>(b) The Nevada Division of Environmental Protection has committed to comply with the PM-10 Group II, State Implementation Plan (SIP) requirements.</P> <CITA>[55 FR 18111, May 1, 1990]</CITA> </SECTION> </SUBPART> <SUBPART> <HD SOURCE="HED">Subpart EE—New Hampshire</HD> <SECTION> <SECTNO>§ 52.1519</SECTNO> <SUBJECT>Identification of plan—conditional approval.</SUBJECT> <P>(a) The following plan revisions were submitted on the dates specified.</P> <P>(1) On January 12, 1993, the New Hampshire Department of Environmental Services submitted a small business stationary source technical and environmental compliance assistance program (PROGRAM). On May 19, 1994, New Hampshire submitted a letter deleting portions of the January 12, 1993 submittal. In these submissions, the State commits to designate a state agency to house the small business ombudsman and to submit adequate legal authority to establish and implement a compliance advisory panel and a small business ombudsman. Additionally, the State commits to have a fully operational PROGRAM by November 15, 1994.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the New Hampshire Department of Environmental Services dated January 12, 1993 submitting a revision to the New Hampshire State Implementation Plan.</P> <P>(B) State Implementation Plan Revision for a Small Business Technical and Environmental compliance Assistance Program dated January 12, 1993.<PRTPAGE P="196"/> </P> <P>(C) Letter from the New Hampshire Department of Environmental Services dated May 19, 1994 revising the January 12, 1993 submittal.</P> <P>(ii) Additional materials.</P> <P>(A) Non-regulatory portions of the State submittal.</P> <P>(2) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on February 28, 1994, April 19, 1994, April 21, 1994, August 18, 1994, and letters dated May 19, 1994 and June 28, 1994, submitted by the New Hampshire Air Resources Division.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letters from the New Hampshire Air Resources Division dated February 28, 1994, April 19, 1994, April 21, 1994, and August 18, 1994.</P> <P>(B) Chapter 353 of the laws of 1993, An Act establishing an enhanced emissions inspection and maintenance program and requiring a diesel emissions study, effective July 3, 1993.</P> <P>(C) Enhanced Emissions Inspection and Maintenance Rules, New Hampshire Department of Safety, adopted February 17, 1994, effective January 1, 1995.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the letter with attachments from the New Hampshire Air Resources Division dated February 28, 1994.</P> <P>(B) Nonregulatory portions of the letter with attachments from the New Hampshire Air Resources Division dated April 19, 1994.</P> <P>(C) Letter with attachments from the New Hampshire Air Resources Division dated April 21, 1994.</P> <P>(D) Letter from the New Hampshire Air Resources Division dated May 19, 1994.</P> <P>(E) Letter with attachment from the New Hampshire Air Resources Division dated June 28, 1994.</P> <P>(F) Letter with attachments from the New Hampshire Air Resources Division dated August 18, 1994.</P> <P>(b)-(c)[Reserved]</P> <P>(3) Revision to the State Implementation Plan submitted by the New Hampshire Air Resources Division on June 14, 1995.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the New Hampshire Air Resources Division dated June 14, 1995, submitting a revision to the New Hampshire State Implementation Plan.</P> <CITA>[59 FR 50506, Oct. 4, 1994, as amended at 59 FR 51517, Oct. 12, 1994; 60 FR 47290, Sept. 12, 1995]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1520</SECTNO> <SUBJECT>Identification of plan.</SUBJECT> <P>(a) Title of plan: “State of New Hampshire Implementation Plan.”</P> <P>(b) The plan was officially submitted on January 27, 1972.</P> <P>(c) The plan revisions listed below were submitted on the dates specified.</P> <P>(1) Miscellaneous non-regulatory additions to the plan correcting minor deficiencies submitted on February 23, 1972, by the New Hampshire Air Pollution Control Agency.</P> <P>(2) Non-regulatory provisions for retention and availability of air quality data submitted on March 23, 1972, by the New Hampshire Air Pollution Control Agency.</P> <P>(3) Attainment dates of national primary and secondary air quality standards submitted on August 8, 1972, by the New Hampshire Air Pollution Control Agency.</P> <P>(4) Revision of regulation No. 5, section 111.A, limiting sulfur content of fuels submitted on September 26, 1972, by the New Hampshire Air Pollution Control Agency.</P> <P>(5) Compliance schedules submitted on February 14, 1973, by the New Hampshire Air Pollution Control Agency.</P> <P>(6) Compliance schedules submitted on March 22, 1973, by the New Hampshire Air Pollution Control Agency.</P> <P>(7) Revision exempting steam locomotives from the plan submitted on April 3, 1973, by the New Hampshire Air Pollution Control Agency.</P> <P>(8) Regulation No. 20 requiring review of indirect sources submitted on December 13, 1973, by New Hampshire Air Pollution Control Agency.</P> <P>(9) AQMA identification material submitted on May 20, 1974, by the New Hampshire Air Pollution Control Agency.</P> <P>(10) Miscellaneous revisions to Regulation numbers, 4, 6, 8, 10, 11, 13, 14, and 17 submitted on June 6, 1974, by the New Hampshire Air Pollution Control Agency.</P> <P>(11) Revision to Regulation 18, “Requirements for Recordkeeping at Facilities which Discharge Air Contaminants,” submitted on May 28, 1975, by <PRTPAGE P="197"/>the New Hampshire Air Pollution Control Agency.</P> <P>(12) Attainment plans to meet the requirements of Part D for carbon monoxide for Metropolitan Manchester and ozone for AQCR 121, programs for the review of construction and operation of new and modified major stationary sources of pollution in both attainment and non-attainment areas and certain miscellaneous provisions were submitted on May 29, 1979, November 6, 1979, and March 17, 1980.</P> <P>(13) Attainment plans to meet the requirements of Part D for total suspended particulates and sulfur dioxide in Berlin were submitted by the Governor of New Hampshire on September 19, 1979.</P> <P>(14) Revisions to Regulation 5, Prevention, Abatement, and Control of Sulfur Emission from Stationary Combustion Equipment, submitted by the Governor of New Hampshire on July 12, 1973 and April 11, 1975.</P> <P>(15) A plan to provide comprehensive public participation and an analysis of the effects of the New Hampshire 1979 SIP revisions were submitted on February 28, 1980.</P> <P>(16) Revised regulations to assure reasonable further progress and compliance by owners of proposed new sources with Federal as well as state regulations were submitted on July 8, 1980.</P> <P>(17) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the New Hampshire Air Resource Agency Director on January 30, 1980.</P> <P>(18) A plan to attain and maintain the National Ambient Air Quality Standard for lead and to amend the state's air quality standards was submitted on April 15, 1980. A letter further explaining the state procedures for review of new major sources of lead emissions and confirming the use of reference methods was submitted on December 9, 1980 by the Director of the Air Resources Agency.</P> <P>(19) Revisions to meet the requirements of Part D and certain other sections of the Clean Air Act, as amended, for attaining carbon monoxide standards in the City of Manchester which were submitted on January 12, 1981 and February 18, 1981. The revisions supplement the 1979 CO attainment plan (§ 52.1520(c)(12)) and include three air quality-improving transportation pro-jects and a schedule for submitting a plan which will demonstrate attainment by no later than December 31, 1987.</P> <P>(20) Revisions to meet ozone attainment requirements of Part D (VOC Control Regulations) were submitted on August 17, 1981 and are approved as follows: Regulations Air 1204.03, 1204.11(d), 1204.12, 1204.13, 1204.18 and 1204.21.</P> <P>(21) Operating permits with compliance schedules for VOC sources were submitted May 2, 1980, May 16, 1980, November 20, 1981 and January 8, 1982. Approved are operating permits for Mobil Oil Corporation; ATC Petroleum, Inc.; Velcro USA, Inc.; and Nashua Corporation's facility at Nashua.</P> <P>(22) Revisions to (i) provide a new format and renumber the SIP regulations with associated miscellaneous language changes for purposes of consistency; (ii) to delete redundant regulations and definitions; (iii) amend several regulations; and (iv) to add additional regulations submitted by the New Hampshire Air Resources Commission on June 17, 1982 and August 31, 1982. The federally-approved regulations of the New Hampshire SIP are as follows: </P> <EXTRACT> <P>• CHAPTER 100, PART Air 101, Sections Air 101.04-101.26, 101.28-101.30, 101.32-101.49, 101.51, 101.53-101.56, 101.58-101.62, 101.64-101.69, 101.74-101.75, 101.77, 101.79-101.89, 101.91-101.96, 101.98.</P> <P>• CHAPTER Air 200, PART Air 205.</P> <P>• CHAPTER Air 300, PARTs Air 301-303.</P> <P>• CHAPTER Air 400, PARTs Air 401; 402, Sections Air 402.01, 402.03, 402.04; PARTs Air 403-405.</P> <P>• CHAPTER Air 600, PARTs Air 601-616.</P> <P>• CHAPTER Air 700, PARTs Air 701-706.</P> <P>• CHAPTER Air 800, PARTs Air 801-802.</P> <P>• CHAPTER Air 900, PARTs Air 901-903.</P> <P>• CHAPTER Air 1000, PART Air 1001.</P> <P>• CHAPTER Air 1200, PART Air 1201, Sections 1201.01-1201.06, 1201.08-1201.11; PARTs Air 1202; 1203; 1204, Sections 1204.01-1204.16, 1204.18-1204.21; PARTs Air 1205; 1207; 1208.</P> </EXTRACT> <P>(23) Carbon monoxide attainment plan revisions for the City of Manchester which meet the requirements of Part D of the Act for 1982 SIP revisions. The revisions were submitted on <PRTPAGE P="198"/>October 5, 1982 and December 20, 1982 by the New Hampshire Air Resources Agency.</P> <P>(24) A revision specifying the State will follow Federal permit notice and hearing procedures for applications subject to PSD requirements was submitted by the Air Resources Commission on November 19, 1982.</P> <P>(25) Revisions to the State Implementation Plan for ozone, consisting of emission limits and compliance schedules for Oak Materials Group, Ideal Tape Co., Markem Corp., Essex Group, and Nashua Corp.'s Merrimack Facility, were submitted on December 23, 1982, December 30, 1982, January 19, 1983, and March 18, 1983.</P> <P>(26) Revisions to CHAPTER Air 400, Section Air 402.02 (formerly Regulation 5). raising the allowable sulfur-in-oil limit for all but ten sources, were submitted by New Hampshire on July 12, 1973, April 11, 1975, December 21, 1982 and March 29, 1983. The excluded sources are: </P> <EXTRACT> <P>1. International Packings Corp., Bristol.</P> <P>2. Dartmouth College, Hanover.</P> <P>3. Hinsdale Products Co., Inc., Hinsdale.</P> <P>4. Groveton Paper Co., Northumberland.</P> <P>5. James River Corp./Cascade Division, Gorham.</P> <P>6. Velcro USA, Inc., Manchester.</P> <P>7. ATC Petroleum, Newington.</P> <P>8. Anheuser-Busch, Inc., Merrimack.</P> <P>9. Hoague-Sprague Corp., West Hopkinton.</P> <P>10. Public Service Co., Manchester Steam, Manchester.</P> </EXTRACT> <P>(27) Amendments to Regulation Air 1204.02(c), defining “equivalent” to include “solids-applied basis” and Air 1204.21(j), altering the maximum time for compliance schedule extensions from December 31, 1987 to July 1, 1985 were submitted on August 9, 1983. An additional regulation, Air 1204.17, “Emission Standards for Miscellaneous Metal Parts and Products” was submitted on August 17, 1981.</P> <P>(28) Revisions to Air 1204.01, updating the list of volatile organic compounds exempted from PART Air 1204, and a revision to Air 101.74, ‘Process weight’ were submitted on November 10, 1983.</P> <P>(29) Revisions raising the allowable sulfur-in-oil limit to 2.0% for five sources excluded from revisions to CHAPTER Air 400, Section 402.02 (identified at subparagraph (c)(26) above), submitted on November 1, 1983. The five sources, and the source specific emission limits where applicable, are: </P> <EXTRACT> <P>1. International Packings Corp., Bristol.</P> <P>2. Velcro USA, Inc., Manchester.</P> <P>3. Dartmouth College, Hanover (Limited to a maximum allowable hourly production of 164,000 pounds of steam.).</P> <P>4. Sprague Energy-Atlantic Terminal Corp., Newington (Limited to firing any three of four boilers, or if all four boilers are fired, the sulfur content is limited 1.5%.).</P> <P>5. Hoague-Sprague Corp., Hopkinton (Limited to firing any one of two boilers.)</P> </EXTRACT> <P>(30) Revisions to Air 1201.05 adding paragraph (e), concerning hazardous waste incinerators, was submitted on April 9, 1984. Approval of this regulation shall not be construed to supercede New Source Performance Standards; National Emission Standards for Hazardous Air Pollutants; and the regulations controlling emissions from major new or modified stationary sources in attainment and non-attainment areas.</P> <P>(31) Revisions raising the allowable sulfur-in-oil limit to 2.0% for two sources excluded from revisions to CHAPTER Air 400, Section 402.02 (identified at paragraph (c)(26) of this section), submitted on January 13, 1984. The two sources, and the source specific restrictions at each, are:</P> <P>(i) Manchester Steam Station, Public Service Company of N.H., Manchester (The auxiliary boiler is allowed to burn 2.0% sulfur oil as long as the main boilers remain inactive. If either or both of the main boilers are reactivated, the maximum sulfur content of oil burned in any boiler shall not exceed 1.7% by weight. In addition, each main boiler shall not operate until its stack height is increased to 45 m.)</P> <P>(ii) Hinsdale Products Co., Inc., Hinsdale (Limited to a maximum hourly fuel firing rate of 213 gallons.)</P> <P>(32) A revision submitted on December 22, 1983 which requires Markem Corporation to install an incinerator. The installation of the incinerator must be completed by July 1, 1985.</P> <P>(33) The TSP plan to attain primary standards in Berlin, New Hampshire and the administrative order issued May 2, 1984 to the James River Corporation which were submitted by the Air Resources Agency on May 9, 1984.<PRTPAGE P="199"/> </P> <P>(34) Revisions to Part (Air) 610 of Chapter 600, “Statewide Permit System” for the preconstruction permitting of new major sources and major modifications in nonattainment areas submitted on April 9, 1984 and September 10, 1984 by the New Hampshire Air Resources Commission.</P> <P>(35) A revision to approve operating limits for boilers at Dartmouth College, submitted on May 19, 1986 by the Director of the New Hampshire Air Resources Agency.</P> <P>(i) Incorporation by reference.</P> <P>(A) Permits to Operate issued by the State of New Hampshire Air Resources Agency to Dartmouth College, No. PO-B-1501.5, No. PO-B-1502.5, and No. PO-B-1503.5, and Temporary Permit TP-B-150.2, 3, and 4, dated January 6, 1986.</P> <P>(36) Approval of a revision to allow the James River Corporation (Cascade Mill), Gorham, to burn oil having a 2.2% sulfur-by-weight limit in accordance with previously approved SIP regulation Chapter Air 400, Section Air 402.02, submitted on February 11, 1985. This sources was excluded from revisions pertaining to New Hampshire regulation Chapter Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this section), but New Hampshire has now submitted adequate technical support for approval.</P> <P>(37) Revisions to the State Implementation Plan submitted on April 26, 1985, January 20, 1986 and May 12, 1987 by the Air Resources Commission.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter dated April 26, 1985 from the New Hampshire Air Resources Commission submitting revisions to the State Implementation Plan for EPA approval.</P> <P>(B) Revisions to New Hampshire Code of Administrative Rules, Part Air 704.01, “Permit Review Fee for Large Fuel Burning Devices,” Part Air 704.02, “Permit Review Fee for All Other Devices,” Part Air 706.01, “Renewal Review Fee For Large Fuel Burning Devices,” Part Air 706.02, “Renewal Review Fee For All Other Devices,” Part Air 1202, “Fuel Burning Devices,” effective on December 27, 1984.</P> <P>(C) Certification from the State of New Hampshire dated April 26, 1985.</P> <P>(D) Letter from the State of New Hampshire dated January 20, 1986.</P> <P>(E) Letter from the State of New Hampshire dated May 12, 1987.</P> <P>(38) Approval of a revision to allow the James River Corporation, Groveton, to burn oil having a 2.2% sulfur-by-weight limit in accordance with previously approved SIP regulation CHAPTER Air 400, Section Air 402.02, submitted on January 22, 1986. This source was previously excluded from revisions pertaining to New Hampshire regulation CHAPTER Air 400, Section Air 402.02 (identified at paragraph (c)(26) of this section), but New Hampshire has now submitted adequate technical support for approval.</P> <P>(i) Incorporation by reference.</P> <P>(A) The conditions in the following five Permits to Operate issued by the State of New Hampshire Air Resources Agency on September 6, 1985, to the James River Corporation—Groveton Group: Permit No. PO-B-1550, Conditions 5B, 5C, and 5D; Permit No. PO-B-213, Conditions 2 and 5A; Permit No. PO-B-214, Conditions 2 and 5A; Permit No. PO-B-215, Conditions 2 and 5A; and Permit No. PO-BP-2240, Condition 5B. These conditions limit the sulfur-in-fuel content at the James River Corporation, Groveton, to 2.2% sulfur by weight.</P> <P>(39) Attainment plans for carbon monoxide for the City of Nashua including an extension of the attainment date to December 31, 1990 as submitted on September 12, 1985, December 3, 1985, October 7, 1986, March 6, 1987, May 12, 1987 and October 15, 1987.</P> <P>(i) Incorporation by reference. (A) The New Hampshire Code of Administrative Rules, Department of Safety, Chapter 900, Emission Inspections, Part Saf-M, 901, Part Saf-M 902, Part Saf-M 903, Part Saf-M 904, Part Saf-M 905, Part Saf-M 906,Part Saf-M 907, Part Saf-M 908, Part Saf-M 909, and Part Saf-M 910, effective October 6, 1986.</P> <P>(B) Section 715.02 Introductory Text and paragraph (1) of Part Saf-M-715, and § 716.01 Introductory Text and paragraph (g) of Part Saf-M-716, submitted to New Hampshire Department of Safety by the State of New Hampshire on August 14, 1985.</P> <P>(ii) Additional material. (A) A letter from Governor John H. Sununu to Michael R. Deland, dated March 6, 1987, <PRTPAGE P="200"/>committing to take legislative measures to convert the Inspection/Maintenance program in the Nashua area to the use of computerized emission analyzers in the event that the program is found to not be achieving the necessary emission reductions.</P> <P>(B) Narrative submittals, including an attainment demonstration.</P> <P>(40) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 6, 1989.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the New Hampshire Air Resources Division dated July 6, 1989 submitting revisions to the New Hampshire State Implementation Plan.</P> <P>(B) Revisions to New Hampshire's Rule Env-A 303.01 entitled “Particulate Matter,” effective April 21, 1989.</P> <P>(C) Revisions to New Hampshire's Rule Env-A 1001.02 entitled “permissible Open Burning,” effective May 26, 1989.</P> <P>(41) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on February 12, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the New Hampshire Air Resources Division dated February 12, 1991 submitting a revision to the New Hampshire State Implementation Plan.</P> <P>(B) Env-A 802.09 and Env-A 802.10 of the New Hampshire Administrative Rules Governing the Control of Air Pollution entitled “Continuous Emission Monitoring” and “CEM Recordkeeping Requirements,” respectively. These regulations were effective on December 27, 1990.</P> <P>(ii) Additional materials.</P> <P>(A) Nonregulatory portions of the State submittal.</P> <P>(42) [Reserved]</P> <P>(43) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on November 21, 1989.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter form the New Hampshire Air Resources Division dated November 21, 1989 submitting a revision to the New Hampshire State Implementation Plan.</P> <P>(B) Amendments to regulations for the State of New Hampshire's Administrative Rules Governing Air Pollution in Chapters Env-A 100, 800, 900 and 1200 which were effective November 16, 1989.</P> <P>(C) Letter from Robert W. Varney, Commissioner of the Department of Environmental Services of New Hampshire, to John B. Hammond, Acting Director of the New Hampshire Office of Legislative Services, dated November 15, 1989, adopting final rules.</P> <P>(44) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on September 12, 1990.</P> <P>(i) Incorporation by reference.</P> <P>Letter from the New Hampshire Air Resources Division dated September 12, 1990 submitting a revision to the New Hampshire State Implementation Plan that withdraws nine source-specific operating permits incorporated by reference at 40 CFR 52.1520(c)(21), (c)(25) and (c)(32).</P> <P>(ii) Additional materials.</P> <P>Letter from the New Hampshire Air Resources Division dated July 2, 1991 submitting documentation of a public hearing.</P> <P>(45) Revisions to the State Implementation Plan consisting of a readoption of the Rules Governing the Control of Air Pollution for the State of New Hampshire submitted by the New Hampshire Air Resources Division on February 12, 1991.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the New Hampshire Air Resources Division dated February 12, 1991 submitting revisions to the New Hampshire State Implementation Plan.</P> <P>(B) The following portions of the Rules Governing the Control of Air Pollution for the State of New Hampshire effective on December 27, 1990: </P> <EXTRACT> <P>• Chapter Env-A 100: Sections Env-A 101.01-.20, 101.22-.26, 101.28-.32, 101.34-50, 101.52, 101.54-.57, 101.59-.62, 101.64-.97 and 101.99.</P> <P>• Chapter Env-A 200: Parts Env-A 201-205; Part Env-A 207; Section Env-A 209.05; and Part Env-A 210.</P> <P>• Chapter Env-A 300: Parts Env-A 301-303.</P> <P>• Chapter Env-A 400: Part Env-A 401-404; Sections Env-A 401-404; Sections Env-A 405.01-.05(b) and 405.06.</P> <P>• Chapter Env-A 600: Parts Env-A 601-602; Sections Env-A 603.01-.02(o) and 603.03(a)-(e); and Parts Env-A 604-616.</P> <P>• Chapter Env-A 700: Parts Env-A 701-705.</P> <P>• Chapter Env-A 800: Parts Env-A 801-802; and Part Env-A 804.<PRTPAGE P="201"/> </P> <P>• Chapter Env-A 900‘ Parts Env-A 901-903.</P> <P>• Chapter Env-A 1000: Part Env-A 1001.</P> <P>• Chapter Env-A 1200: Parts Env-A 1201-1203; Sections 1204.01-.11 and 1204.13-.19; Part Env-A 1205; Sections Env-A 1206.01-.02 and 1206.04-.06; and Parts Env-A 1207-1208.</P> </EXTRACT> <P>(ii) Additional materials.</P> <P>(A) Letters from the New Hampshire Air Resources Division dated May 7, August 20, and August 26, 1991, March 6, and May 6, 1992 withdrawing certain portion of the February 12, 1991 SIP submittal.</P> <P>(46) Revisions to the State Implementation Plan consisting of amendments to Chapter Env-A 1204.12 <E T="03">Emission Control Methods for Cutback and Emulsified Asphalt</E> submitted by the New Hampshire Air Resources Division on May 15, 1992.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the New Hampshire Air Resources Division dated May 15, 1992 submitting a revision to the New Hampshire State Implementation Plan.</P> <P>(B) The following portions of the Rules Governing the Control of Air Pollution for the State of New Hampshire effective on January 17, 1992: Chapter Env-A 1200: PART Env-A 1204.12 <E T="03">Emission Control Methods for Cutback and Emulsified Asphalt.</E> </P> <P>(47) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on May 15, 1992.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letter from the New Hampshire Air Resources Division dated May 15, 1992 submitting a revision to the New Hampshire State Implementation Plan.</P> <P>(B) The following portions of the Rules Governing the Control of Air Pollution for the State of New Hampshire effective on January 17, 1992: </P> <FP SOURCE="FP-1">—Chapter Env-A 800: Part Env-A 805</FP> <FP SOURCE="FP-1">—Chapter Env-A 1200: Sections Env-A 1204.02, 1204.04, 1204.05-1204.08, 1204.14-1204.15.</FP> <P>(48)[Reserved]</P> <P>(49) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on June 17, 1994, and December 21, 1992.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letters from the New Hampshire Air Resources Division dated June 17, 1994, and December 21, 1992, submitting revisions to the New Hampshire State Implementation Plan.</P> <P>(B) Regulations Chapter Env-A 1200, Part Env-A 1211, “Nitrogen Oxides (NO<E T="52">X</E>),” effective on May 20, 1994, and Chapter Env-A 900, Part Env-A 901, sections Env-A 901.06 “NO<E T="52">X</E> Recordkeeping Requirements,” and Env-A 901.07, “NO<E T="52">X</E> Reporting Requirements,” effective on November 13, 1992.</P> <P>(50) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on July 7, 1995, September 18, 1995, and October 18, 1995.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letters from the New Hampshire Air Resources Division dated July 7, 1995, September 18, 1995, and October 18, 1995, submitting revisions to the New Hampshire State Implementation Plan.</P> <P>(B) New Hampshire NO<E T="52">X</E> RACT Order ARD-95-001, concerning Groveton Paperboard Corporation, effective on May 10, 1995.</P> <P>(C) New Hampshire NO<E T="52">X</E> RACT Order ARD-95-002, concerning Plymouth Cogeneration Limited Partnership, effective September 12, 1995.</P> <P>(D) New Hampshire NO<E T="52">X</E> RACT Order ARD-95-003, concerning Waterville Valley Ski Area Limited, effective September 19, 1995.</P> <P>(51) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on December 9, 1996, June 28, 1996, October 24, 1996, and July 10, 1995.</P> <P>(i) Incorporation by reference. (A) Letters from the New Hampshire Air Resources Division dated December 9, 1996, June 28, 1996, October 24, 1996, July 10, 1995 and December 21, 1992 submitting revisions to the New Hampshire State Implementation Plan (SIP), and a letter dated November 21, 1997 withdrawing Env-A 1204.06 from the SIP submittal.</P> <P>(B) Regulations Part Env-A 801 “Purpose;” Part Env-A 802 “Testing and Monitoring for Stationary Sources: General Requirements;” Part Env-A 902 “Malfunctions and Breakdowns of Air Pollution Control Equipment;” and Part Env-A 903 “Compliance Schedules” all effective November 15, 1992.</P> <P>(C) Regulations Part Env-A 803 “VOC Testing;” Part Env-A 804 “Capture Efficiency;” Sections Env-A 901.01 <PRTPAGE P="202"/>through 901.05, 901.08 and 901.09 of Part Env-A 901 “Recordkeeping and Reporting by Sources;” and Part Env-A 1204 “Stationary Sources of Volatile Organic Compounds (VOCs) (except 1204.06),” all effective on August 31, 1995.</P> <P>(D) New Hampshire VOC RACT Order ARD-94-001, concerning L.W. Packard, effective May 5, 1995.</P> <P>(E) New Hampshire VOC RACT Order ARD-95-010, concerning Kalwall in Manchester, NH, effective September 10, 1996.</P> <P>(F) New Hampshire VOC RACT Order ARD-96-001, concerning Textile Tapes Corporation, NH, effective October 4, 1996.</P> <P>(52) A revision to the New Hampshire SIP regarding ozone monitoring. The State of New Hampshire will modify its SLAMS and its NAMS monitoring system to include a PAMS network design and establish monitoring sites. The State's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.</P> <P>(i) Incorporation by reference.</P> <P>(A) State of New Hampshire Photochemical Assessment Monitoring Stations—Network Plan—Network Overview.</P> <P>(ii) Additional material.</P> <P>(A) NH-DES letter dated December 13, 1994, and signed by Thomas M. Noel, Acting Director, NH-DES.</P> <P>(53) [Reserved]</P> <P>(54) Revisions to the State Implementation Plan submitted by the New Hampshire Air Resources Division on April 14, 1997, May 6, 1997, and September 24, 1997.</P> <P>(i) Incorporation by reference.</P> <P>(A) Letters from the New Hampshire Air Resources Division dated April 14, 1997, May 6, 1997, and September 24, 1997 submitting revisions to the New Hampshire State Implementation Plan.</P> <P>(B) New Hampshire NO<E T="52">X</E> RACT Order ARD-97-001, concerning Public Service Company of New Hampshire in Bow, effective on April 14, 1997.</P> <P>(C) New Hampshire NO<E T="52">X</E> RACT Order ARD-95-011, concerning Hampshire Chemical Corporation, effective on May 6, 1997.</P> <P>(D) New Hampshire NO<E T="52">X</E> RACT Order ARD-97-003, concerning Crown Vantage, effective September 24, 1997.</P> <CITA>[37 FR 10879, May 31, 1972]</CITA> <EDNOTE> <HD SOURCE="HED">Editorial Note:</HD> <P>For <E T="04">Federal Register</E> citations affecting § 52.1520, see the List of CFR Sections Affected in the Finding Aids section of this volume.</P> </EDNOTE> <EFFDNOT> <HD SOURCE="HED">Effective Date Note:</HD> <P> At 63 FR 26459, May 13, 1998, § 52.1520 was amended by adding paragraph (c)(54), effective July 13, 1998.</P> </EFFDNOT> </SECTION> <SECTION> <SECTNO>§ 52.1521</SECTNO> <SUBJECT>Classification of regions.</SUBJECT> <P>The New Hampshire plan was evaluated on the basis of the following classifications:</P> <P/> <P/> <GPOTABLE CDEF="s110,7,7,7,7,8" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Air quality control region</CHED> <CHED H="1">Pollutant</CHED> <CHED H="2">Particulate matter</CHED> <CHED H="2">Sulfur oxides</CHED> <CHED H="2">Nitrogen dioxide</CHED> <CHED H="2">Carbon monoxide</CHED> <CHED H="2">Ozone</CHED> </BOXHD> <ROW> <ENT I="01">Androscoggin Valley Interstate </ENT> <ENT>IA </ENT> <ENT>IA </ENT> <ENT>III </ENT> <ENT>III </ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Central New Hampshire Intrastate </ENT> <ENT>III </ENT> <ENT>III </ENT> <ENT>III </ENT> <ENT>III </ENT> <ENT>III</ENT> </ROW> <ROW> <ENT I="01">Merrimack Valley-Southern New Hampshire Interstate </ENT> <ENT>I </ENT> <ENT>I </ENT> <ENT>III </ENT> <ENT>III </ENT> <ENT>III</ENT> </ROW> </GPOTABLE> <CITA TYPE="W">[37 FR 10879, May 31, 1972, as amended at 45 FR 24876, Apr. 11, 1980]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1522</SECTNO> <SUBJECT>Approval status.</SUBJECT> <P>(a) With the exceptions set forth in this subpart, the Administrator approves New Hampshire's plan as identified in § 52.1520 of this subpart for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I of the Clean Air Act as amended in 1977, except as noted below.</P> <P>(b) To insure Federal approval of State issued new source review permits pursuant to section 173 of the Clean Air Act, the provisions of Section V of the <PRTPAGE P="203"/>emission offset interpretative rule published January 16, 1979, (44 FR 3274) must be met.</P> <CITA>[45 FR 24876, Apr. 11, 1980, as amended at 48 FR 50078, Oct. 31, 1983]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1523</SECTNO> <SUBJECT>Attainment dates for national standards.</SUBJECT> <P>The following table presents the latest dates by which the national standards are to be attained. The dates reflect the information presented in New Hampshire's plan.</P> <GPOTABLE CDEF="s50,xs25,xls25,xls25,xls25,xls25,xls25,xls25" COLS="8" OPTS="L2"> <BOXHD> <CHED H="1">Nonattainment areas <E T="51">1</E> </CHED> <CHED H="1">TSP</CHED> <CHED H="2">Primary</CHED> <CHED H="2">Secondary</CHED> <CHED H="1">SO<E T="52">2</E> </CHED> <CHED H="2">Primary</CHED> <CHED H="2">Secondary</CHED> <CHED H="1">NO<E T="52">2</E> </CHED> <CHED H="1">CO</CHED> <CHED H="1">O<E T="52">3</E> </CHED> </BOXHD> <ROW> <ENT I="11">Androscoggin Valley Interstate AQCR 107:</ENT> </ROW> <ROW> <ENT I="02">Berlin </ENT> <ENT>g </ENT> <ENT>f </ENT> <ENT>f </ENT> <ENT>f </ENT> <ENT>a </ENT> <ENT>a </ENT> <ENT>a</ENT> </ROW> <ROW> <ENT I="02">Remainder of AQCR </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>a </ENT> <ENT>a</ENT> </ROW> <ROW> <ENT I="11">Merrimack Valley-SO NH Interstate 121:</ENT> </ROW> <ROW> <ENT I="02">Keene </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>a </ENT> <ENT>d</ENT> </ROW> <ROW> <ENT I="02">Manchester </ENT> <ENT>a </ENT> <ENT>c </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>h </ENT> <ENT>d</ENT> </ROW> <ROW> <ENT I="02">Nashua </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>e </ENT> <ENT>d</ENT> </ROW> <ROW> <ENT I="02">Remainder of AQCR </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>a </ENT> <ENT>d</ENT> </ROW> <ROW> <ENT I="01">AQCR 149 </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>b </ENT> <ENT>a </ENT> <ENT>a </ENT> <ENT>a</ENT> </ROW> <TNOTE>a. Air quality level presently below primary standards or area is unclassifiable.</TNOTE> <TNOTE>b. Air quality level presently below secondary standards or area is unclassifiable.</TNOTE> <TNOTE>c. Eighteen month extension for plan submittal granted; attainment date not yet proposed.</TNOTE> <TNOTE>d. December 31, 1982.</TNOTE> <TNOTE>e. Redesignation to non-attainment. Nine months granted for submission of an attainment plan; attainment date not yet proposed.</TNOTE> <TNOTE>f. December 31, 1981.</TNOTE> <TNOTE>g. August 31, 1985.</TNOTE> <TNOTE>h. December 31, 1987.</TNOTE> <TNOTE> <SU>1</SU> 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 52.1523 (1978).</TNOTE> </GPOTABLE> <CITA TYPE="W">[45 FR 24876, Apr. 11, 1980, as amended at 50 FR 51250, Dec. 16, 1985; 51 FR 21550, June 13, 1986]</CITA> </SECTION> <SECTION> <SECTNO>§ 52.1524</SECTNO> <SUBJECT>Compliance schedules.</SUBJECT> <P>(a) Compliance schedules for the sources identified below are approved as meeting the requirements of subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.</P> <GPOTABLE CDEF="s80,r35,r35,r35,r35,r35" COLS="6" OPTS="L2"> <BOXHD> <CHED H="1">Source</CHED> <CHED H="1">Location</CHED> <CHED H="1">Regulation involved</CHED> <CHED H="1">Date of adoption</CHED> <CHED H="1">Effective date</CHED> <CHED H="1">Final compliance date</CHED> </BOXHD> <ROW> <ENT I="01">Markem Corporation </ENT>