40 Protection of Environment 4 2002-07-01 2002-07-01 false ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) I CHAPTER I Protection of Environment CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) Editorial Note:

Nomenclature changes to chapter I appear at 65 FR 47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.

 SUBCHAPTER C—AIR PROGRAMS (CONTINUED) Part Page 52 Approval and promulgation of implementation plans 5 SUBCHAPTER C—AIR PROGRAMS (CONTINUED) Pt. 52 PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED) Subpart U—Maine 52.1020 Identification of plan. 52.1021 Classification of regions. 52.1022 Approval status. 52.1023 Control strategy: Ozone. 52.1024 Attainment dates for national standards. 52.1025 Control strategy: Particulate matter. 52.1026 Review of new sources and modifications. 52.1027 Rules and regulations. 52.1028 [Reserved] 52.1029 Significant deterioration of air quality. 52.1030 Control strategy: Sulfur oxides. 52.1031 EPA-approved Maine regulations. 52.1033 Visibility protection. 52.1034 Stack height review. 52.1035 Requirements for state implementation plan revisions relating to new motor vehicles. 52.1036 Emission inventories. Subpart V—Maryland 52.1070 Identification of plan. 52.1071 Classification of regions. 52.1072 Conditional approval. 52.1073 Approval status. 52.1074 Legal authority. 52.1075 1990 base year emission inventory. 52.1076 Control strategy plans for attainment and rate-of-progress: Ozone. 52.1077 Source surveillance. 52.1078 Extensions. 52.1079 Requirements for state implementation plan revisions relating to new motor vehicles. 52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program. 52.1081-52.1109 [Reserved] 52.1110 Small business stationary source technical and environmental compliance assistance program. 52.1111-52.1112 [Reserved] 52.1113 General requirements. 52.1114-52.1115 [Reserved] 52.1116 Significant deterioration of air quality. 52.1117 Control strategy: Sulfur oxides. 52.1118 Approval of bubbles in nonattainment areas lacking approved demonstrations: State assurances. Subpart W—Massachusetts 52.1119 Identification of plan—conditional approval. 52.1120 Identification of plan. 52.1121 Classification of regions. 52.1122 [Reserved] 52.1123 Approval status. 52.1124 Review of new sources and modifications. 52.1125 Emission inventories. 52.1126 Control strategy: Sulfur oxides. 52.1127 Attainment dates for national standards. 52.1128 Transportation and land use controls. 52.1129 Control strategy: Ozone. 52.1130 [Reserved] 52.1131 Control strategy: Particulate matter. 52.1132 Control strategy: Carbon Monoxide. 52.1133 [Reserved] 52.1134 Regulation limiting on-street parking by commuters. 52.1135 Regulation for parking freeze. 52.1136-52.1144 [Reserved] 52.1145 Regulation on organic solvent use. 52.1146 [Reserved] 52.1147 Federal compliance schedules. 52.1148-52.1158 [Reserved] 52.1159 Enhanced motor vehicle inspection and maintenance. 52.1160 Requirements for state implementation plan revisions relating to new motor vehicles. 52.1161 Incentives for reduction in single-passenger commuter vehicle use. 52.1162 Regulation for bicycle use. 52.1163 Additional control measures for East Boston. 52.1164 Localized high concentrations—carbon monoxide. 52.1165 Significant deterioration of air quality. 52.1166 [Reserved] 52.1167 EPA-approved Massachusetts State regulations. 52.1168 Certification of no sources. 52.1168a Part D—Disapproval of Rules and Regulations. 52.1169 Stack height review. Subpart X—Michigan 52.1170 Identification of plan. 52.1171 Classification of regions. 52.1172 Approval status. 52.1173 Control strategy: Particulates. 52.1174 Control strategy: Ozone. 52.1175 Compliance schedules. 52.1176 Review of new sources and modifications. [Reserved] 52.1177-52.1178 [Reserved] 52.1179 Control Strategy: Carbon Monoxide. 52.1180 Significant deterioration of air quality. 52.1181 Interstate pollution. 52.1182 State boards. 52.1183 Visibility protection. 52.1184 Small business stationary source technical and environmental compliance assistance program. 52.1185 Control strategy: Carbon monoxide. Subpart Y—Minnesota 52.1219 Identification of plan—conditional approval. 52.1220 Identification of plan. 52.1221 Classification of regions. 52.1222 EPA-approved Minnesota State regulations 52.1223 Approval status. 52.1224 General requirements. 52.1225 Review of new sources and modifications. 52.1226-52.1229 [Reserved] 52.1230 Control strategy and rules: Particulates. 52.1231-52.1232 [Reserved] 52.1233 Operating permits. 52.1234 Significant deterioration of air quality. 52.1235 [Reserved] 52.1236 Visibility protection. 52.1237 Control strategy: Carbon monoxide. Subpart Z—Mississippi 52.1270 Identification of plan. 52.1271 Classification of regions. 52.1272 Approval status. 52.1273 [Reserved] 52.1275 Legal authority. 52.1276 [Reserved] 52.1277 General requirements. 52.1278 Control strategy: Sulfur oxides and particulate matter. 52.1279 [Reserved] 52.1280 Significant deterioration of air quality. 52.1281 Original identification of plan section. Subpart AA—Missouri 52.1319 [Reserved] 52.1320 Identification of plan. 52.1321 Classification of regions. 52.1322 Original identification of plan section. 52.1323 Approval status. 52.1324 [Reserved] 52.1325 Legal authority. 52.1326-52.1334 [Reserved] 52.1335 Compliance schedules. 52.1336-52.1338 [Reserved] 52.1339 Visibility protection. 52.1340 Control strategy: Carbon monoxide. Subpart BB—Montana 52.1370 Identification of plan. 52.1371 Classification of regions. 52.1372 Approval status. 52.1373 Control strategy: Carbon monoxide. 52.1374 Control strategy: Particulate matter. 52.1375 Control strategy: Lead. 52.1376 Extensions. 52.1377 [Reserved] 52.1378 General requirements. 52.1379 Legal authority. 52.1380-52.1381 [Reserved] 52.1382 Prevention of significant deterioration of air quality. 52.1384 Emission control regulations. 52.1385-52.1386 Source surveillance. 52.1387 Visibility protection. 52.1388 Stack height regulations. 52.1389 [Reserved] 52.1390 Missoula variance provision. 52.1391 Emission inventories. Subpart CC—Nebraska 52.1420 Identification of plan. 52.1421 Classification of regions. 52.1422 Approval status. 52.1423 PM10 State implementation plan development in group II areas. 52.1424 Operating permits. 52.1425 Compliance schedules. 52.1426 Original identification of plan section. 52.1427 Operating permits. 52.1428-52.1435 [Reserved] 52.1436 Significant deterioration of air quality. Subpart DD—Nevada 52.1470 Identification of plan. 52.1471 Classification of regions. 52.1472 Approval status. 52.1473 General requirements. 52.1474 Part D conditional approval. 52.1475 Control strategy and regulations: Sulfur oxides. 52.1476 Control strategy: Particulate matter. 52.1477 Nevada air pollution emergency plan. 52.1478 Extensions. 52.1479 Source surveillance. 52.1480-52.1481 [Reserved] 52.1482 Compliance schedules. 52.1483 Malfunction regulations. 52.1484 [Reserved] 52.1485 Significant deterioration of air quality. 52.1486 Control strategy: Hydrocarbons and ozone. 52.1487 Public hearings. 52.1488 Visibility protection. 52.1489 Particulate matter (PM-10) Group II SIP commitments. Subpart EE—New Hampshire 52.1519 Identification of plan—conditional approval. 52.1520 Identification of plan. 52.1521 Classification of regions. 52.1522 Approval status. 52.1523 Attainment dates for national standards. 52.1524 Compliance schedules. 52.1525 EPA-approved New Hampshire state regulations. 52.1526 [Reserved] 52.1527 Rules and regulations. 52.1528 Control strategy: Carbon monoxide. 52.1529 Significant deterioration of air quality. 52.1530 Requirements for State implementation plan revisions relating to new motor vehicles. 52.1531 Visibility protection. 52.1532 Stack height review. 52.1533 Emission inventories. 52.1534 Control strategy: Ozone. Subpart FF—New Jersey 52.1570 Identification of plan. 52.1571 Classification of regions. 52.1572 Extensions. 52.1573 Approval status. 52.1574 General requirements. 52.1575 Legal authority. 52.1576 Control strategy: Nitrogen dioxide. 52.1577 Compliance schedules. 52.1578 Review of new sources and modifications. 52.1579 Intergovernmental cooperation. 52.1580 Conditional approval. 52.1581 [Reserved] 52.1582 Control strategy and regulations: Ozone (volatile organic substances) and carbon monoxide. 52.1583 Requirements for state implementation plan revisions relating to new motor vehicles. 52.1584-52.1600 [Reserved] 52.1601 Control strategy and regulations: Sulfur oxides. 52.1602 [Reserved] 52.1603 Significant deterioration of air quality. 52.1604 Control strategy and regulations: Total suspended particulates. 52.1605 EPA-approved New Jersey regulations. 52.1606 Visibility protection. 52.1607 Small business technical and environmental compliance assistance program. Subpart GG—New Mexico 52.1620 Identification of plan. 52.1621 Classification of regions. 52.1622 Approval status. 52.1623 Conditional approval. 52.1624-52.1626 [Reserved] 52.1627 Control strategy and regulations: Carbon monoxide. 52.1628-52.1633 [Reserved] 52.1634 Significant deterioration of air quality. 52.1635 Rules and regulations. 52.1636 Visibility protection. 52.1637 Particulate Matter (PM10) Group II SIP commitments. 52.1638 Bernalillo County particulate matter (PM10) Group II SIP commitments. 52.1639 Prevention of air pollution emergency episodes. 52.1640 Original identification of plan section. Subpart HH—New York 52.1670 Identification of plans. 52.1671 Classification of regions. 52.1672 Extensions. 52.1673 Approval status. 52.1674 Requirements for state implementation plan revisions relating to new motor vehicles. 52.1675 Control strategy and regulations: Sulfur oxides. 52.1676 Control strategy: Nitrogen dioxide. 52.1677 Compliance schedules. 52.1678 Control strategy and regulations: Particulate matter. 52.1679 EPA-approved New York State regulations. 52.1680 Control strategy: Monitoring and reporting. 52.1681 Control strategy: Lead. 52.1682 Control strategy: Carbon monoxide. 52.1683 Control strategy: Ozone. 52.1684-52.1688 [Reserved] 52.1689 Significant deterioration of air quality. 52.1690 Small business technical and environmental compliance assistance program. Subpart II—North Carolina 52.1770 Identification of plan. 52.1771 Classification of regions. 52.1772 Approval status. 52.1773-52.1774 [Reserved] 52.1775 Rules and regulations. 52.1776-52.1777 [Reserved] 52.1778 Significant deterioration of air quality. 52.1779 [Reserved] 52.1780 VOC rule deficiency correction. 52.1781 Control strategy: Sulfur oxides and particulate matter. 52.1783 Original identification of plan section. Subpart JJ—North Dakota 52.1820 Identification of plan. 52.1821 Classification of regions. 52.1822 Approval status. 52.1823 [Reserved] 52.1824 Review of new sources and modifications. 52.1825-52.1828 [Reserved] 52.1829 Prevention of significant deterioration of air quality. 52.1831 Visibility protection. 52.1832 Stack height regulations. 52.1833 [Reserved] 52.1834 Minor source permit to operate program. 52.1835 Change to approved plan. Subpart KK—Ohio 52.1870 Identification of plan. 52.1871 Classification of regions. 52.1872 [Reserved] 52.1873 Approval status. 52.1874 [Reserved] 52.1875 Attainment dates for achieving the sulfur dioxide secondary standard. 52.1876 [Reserved] 52.1877 Control strategy: Photochemical oxidants (hydrocarbons). 52.1878 [Reserved] 52.1879 Review of new sources and modifications. 52.1880 Control strategy: Particulate matter. 52.1881 Control strategy: Sulfur oxides (sulfur dioxide). 52.1882 Compliance schedules. 52.1883 [Reserved] 52.1884 Significant deterioration of air quality. 52.1885 Control strategy: Ozone. 52.1886 [Reserved] 52.1887 Control strategy: Carbon monoxide. 52.1888 Operating permits. 52.1889 Small business stationary source technical and environmental compliance assistance program. 52.1890 Removed control measures. 52.1919 Identification of plan-conditional approval. Subpart LL—Oklahoma 52.1920 Identification of plan. 52.1921 Classification of regions. 52.1922 Approval status. 52.1923-52.1928 [Reserved] 52.1929 Significant deterioration of air quality. 52.1930 [Reserved] 52.1931 Petroleum storage tank controls. 52.1932-52.1933 [Reserved] 52.1934 Prevention of air pollution emergency episodes. 52.1935 Small business assistance program. 52.1960 Original Identification of plan section. Subpart MM—Oregon 52.1970 Identification of plan. 52.1971 Classification of regions. 52.1972 Approval status. 52.1973-52.1976 [Reserved] 52.1977 Content of approved State submitted implementation plan. 52.1978-52.1981 [Reserved] 52.1982 Control strategy: Ozone. 52.1983-52.1984 [Reserved] 52.1985 Rules and regulations. 52.1986 [Reserved] 52.1987 Significant deterioration of air quality. 52.1988 Air contaminant discharge permits. Subpart NN—Pennsylvania 52.2020 Identification of plan. 52.2021 Classification of regions. 52.2022 Extensions. 52.2023 Approval status. 52.2024 General requirements. 52.2025 Legal authority. 52.2026 [Reserved] 52.2027 Approval status of Pennsylvania's Generic NOX and VOC RACT Rules. 52.2028-52.2029 [Reserved] 52.2030 Source surveillance. 52.2031 [Reserved] 52.2032 Intergovernmental cooperation. 52.2033 Control strategy: Sulfur oxides. 52.2034 Attainment dates for national standards. 52.2035 Photochemical Assessment Monitoring Stations (PAMS) Program. 52.2036 1990 base year emission inventory. 52.2037 Control strategy and rate-of-progress plans: ozone. 52.2038 Rate of Progress Plans: Ozone. 52.2039-52.2053 [Reserved] 52.2054 Control of asphalt paving material. 52.2055 Review of new sources and modifications. 52.2056 [Reserved] 52.2057 Requirements for State implementation plan revisions relating to new motor vehicles. 52.2058 Prevention of significant air quality deterioration. 52.2059 Control strategy: Particulate matter. 52.2060 Small Business Assistance Program. 52.2061 Operating permits. 52.2062 Plan approvals. Subpart OO—Rhode Island 52.2070 Identification of plan. 52.2071 Classification of regions. 52.2072 Approval status. 52.2073 General requirements. 52.2074 Legal authority. 52.2075 Source surveillance. 52.2076 Attainment dates for national standards. 52.2078 Enforcement. 52.2079 Requirements for state implementation plan revisions relating to new motor vehicles. 52.2080 Revisions. 52.2081 EPA-approved Rhode Island State regulations. 52.2082 [Reserved] 52.2083 Significant deterioration of air quality. 52.2084 Rules and regulations. 52.2085 Stack height review. 52.2086 Emission inventories. 52.2087 Original identification of plan section. 52.2088 Control strategy: Ozone Subpart PP—South Carolina 52.2120 Identification of plan. 52.2121 Classification of regions. 52.2122 Approval status. 52.2124 Legal authority. 52.2125 [Reserved] 52.2126 VOC rule deficiency correction. 52.2127-52.2129 [Reserved] 52.2130 Control strategy: Sulfur oxides and particulate matter. 52.2131 Significant deterioration of air quality. 52.2132 Visibility protection. 52.2133 General conformity. 52.2134 Original identification of plan section. Subpart QQ—South Dakota 52.2170 Identification of plan. 52.2171 Classification of regions. 52.2172 Approval status. 52.2173 Legal authority. 52.2174-52.2177 [Reserved] 52.2178 Significant deterioration of air quality. 52.2179 Visibility protection. 52.2180 Stack height regulations. 52.2181 [Reserved] 52.2182 PM10 Committal SIP. 52.2183 Variance provision. 52.2184 Operating permits for minor sources. Subpart RR—Tennessee 52.2219 [Reserved] 52.2220 Identification of plan. 52.2221 Classification of regions. 52.2222 Approval status. 52.2223 Compliance schedules. 52.2224 Legal authority. 52.2225 VOC rule deficiency correction. 52.2226 Extensions. 52.2227 Prevention of air pollution emergency episodes. 52.2228 Review of new sources and modifications. 52.2229 Rules and regulations. 52.2230 Attainment dates for national standards. 52.2231 Control strategy: Sulfur oxides and particulate matter. 52.2232 [Reserved] 52.2233 Significant deterioration of air quality. 52.2234 Visibility protection. 52.2235 Control strategy: Ozone. 52.2236 Control strategy; lead. 52.2237 NOX RACT and NOX conformity exemption. 52.2238 [Reserved] 52.2239 Original identification of plan section. Subpart SS—Texas 52.2270 Identification of plan. 52.2271 Classification of regions. 52.2272 [Reserved] 52.2273 Approval status. 52.2274 General requirements. 52.2275 Control strategy and regulations: Ozone. 52.2276 Control strategy and regulations: Particulate matter. 52.2277-52.2281 [Reserved] 52.2282 Public hearings. 52.2283-52.2284 [Reserved] 52.2285 Control of evaporative losses from the filling of gasoline storage vessels in the Houston and San Antonio areas. 52.2286 Control of evaporative losses from the filling of gasoline storage vessels in the Dallas-Fort Worth area. 52.2287-52.2298 [Reserved] 52.2299 Original identification of plan section. 52.2300 [Reserved] 52.2301 Federal compliance date for automobile and light-duty truck coating. Texas Air Control Board Regulation V (31 TAC chapter 115), control of air pollution from volatile organic compound, rule 115.191(1)(8)(A). 52.2302 [Reserved] 52.2303 Significant deterioration of air quality. 52.2304 Visibility protection. 52.2305 [Reserved] 52.2306 Particulate Matter (PM10) Group II SIP commitments. 52.2307 Small business assistance program. 52.2308 Area-wide nitrogen oxides (NOX) exemptions. 52.2309 Emissions inventories. 52.2311 Motor vehicle antitampering. Subpart TT—Utah 52.2320 Identification of plan. 52.2321 Classification of regions. 52.2322 Extensions. 52.2323 Approval status. 52.2324-52.2330 [Reserved] 52.2331 Attainment dates for national standards. 52.2332 Control Strategy: Ozone. 52.2333 Legal authority. 52.2334-52.2345 [Reserved] 52.2346 Significant deterioration of air quality. 52.2347 Stack height regulations. 52.2348 National Highway Systems Designation Act Motor Vehicle Inspection and Maintenance (I/M) Programs. 52.2350 Emission inventories. 52.2351 Area-wide nitrogen oxides (NOx) exemption. Subpart UU—Vermont 52.2370 Identification of plan. 52.2371 Classification of regions. 52.2372 Approval status. 52.2373 Legal authority. 52.2374 General requirements. 52.2375 Attainment dates for national standards. 52.2377 Review of new sources and modifications. 52.2378 Certification of no facilities. 52.2379 [Reserved] 52.2380 Significant deterioration of air quality. 52.2381 EPA-approved Vermont State regulations. 52.2382 Rules and regulations. 52.2383 Visibility protection. 52.2384 Stack height review. 52.2385 Requirements for state implementation plan revisions relating to new motor vehicles. 52.2386 Original identification of plan section. Subpart VV—Virginia 52.2420 Identification of plan. 52.2421 Classification of regions. 52.2422 [Reserved] 52.2423 Approval status. 52.2424 Motor vehicle emissions budgets. 52.2425 1990 Base Year Emission Inventory. 52.2426 Photochemical Assessment Monitoring Stations (PAMS) Program. 52.2427 Source surveillance. 52.2428 Control Strategy: Carbon monoxide and ozone. 52.2429 Extensions. 52.24230-52.2432 [Reserved] 52.2433 Intergovernmental cooperation. 52.2434-52.2435 [Reserved] 52.2436 Rules and regulations. 52.2437-52.2449 [Reserved] 52.2450 Conditional approval. 52.2451 Significant deterioration of air quality. 52.2452 Visibility protection. 52.2453 Requirements for state implementation plan revisions relating to new motor vehicles. 52.2454 Prevention of significant deterioration of air quality for Merck & Co., Inc.'s Stonewall Plant in Elkton, VA. 52.2460 Small business stationary source technical and environmental compliance assistance program. 52.2465 Original identification of plan section. Subpart WW—Washington 52.2470 Identification plan. 52.2471 Classification of regions. 52.2472 Extensions. 52.2473 Approval status. 52.2474 General requirements. 52.2475 [Reserved] 52.2476 Discretionary authority. 52.2477-52.2478 [Reserved] 52.2479 Contents of the federally approved, State submitted implementation plan. 52.2480-52.2494 [Reserved] 52.2495 Voluntary limits on potential to emit. 52.2496 [Reserved] 52.2497 Significant deterioration of air quality. 52.2498 Visibility protection. Subpart XX—West Virginia 52.2520 Identification of plan. 52.2521 Classification of regions. 52.2522 Approval status. 52.2523 Attainment dates for national standards. 52.2524 Compliance schedules. 52.2525 Control strategy: Sulfur dioxide. 52.2526-52.2527 [Reserved] 52.2528 Significant deterioration of air quality. 52.2529-52.2530 [Reserved] 52.2531 1990 base year emission inventory. 52.2532 [Reserved] 52.2533 Visibility protection. 52.2534 Stack height review. 52.2560 Small business technical and environmental compliance assistance program. Subpart YY—Wisconsin 52.2569 Identification of plan—conditional approval. 52.2570 Identification of plan. 52.2571 Classification of regions. 52.2572 Approval status. 52.2573 General requirements. 52.2574 Legal authority. 52.2575 Control strategy: Sulfur dioxide. 52.2576 [Reserved] 52.2577 Attainment dates for national standards. 52.2578 Compliance schedules. 52.2579-52.2580 [Reserved] 52.2581 Significant deterioration of air quality. 52.2582-52.2583 [Reserved] 52.2584 Control strategy; Particulate matter. 52.2585 Control strategy: Ozone. 52.2586 Small business stationary source technical and environmental compliance assistance program. Subpart ZZ—Wyoming 52.2620 Identification of plan. 52.2621 Classification of regions. 52.2622 Approval status. 52.2623-52.2624 [Reserved] 52.2625 Compliance schedules. 52.2626-52.2629 [Reserved] 52.2630 Prevention of significant deterioration of air quality. 52.2631 [Reserved] 52.2632 Visibility protection. [Reserved] 52.2633 Stack height regulations. 52.2634 Correction of approved plan. Subpart AAA—Guam 52.2670 Identification of plan. 52.2671 Classification of regions. 52.2672 Approval status. 52.2673-52.2675 [Reserved] 52.2676 Significant deterioration of air quality. 52.2677 [Reserved] 52.2678 Control strategy and regulations: Particulate matter. 52.2679 Control strategy and regulations: Sulfur dioxide. 52.2680-52.2681 [Reserved] 52.2682 Air quality surveillance. 52.2683 [Reserved] 52.2684 Source surveillance. 52.2685 [Reserved] 52.2686 Upset-breakdown reporting. Subpart BBB—Puerto Rico 52.2720 Identification of plan. 52.2721 Classification of regions. 52.2722 Approval status. 52.2723 EPA—approved Puerto Rico regulations. 52.2724 [Reserved] 52.2725 General requirements. 52.2726 Legal authority. 52.2727-52.2728 [Reserved] 52.2729 Significant deterioration of air quality. 52.2730 [Reserved] 52.2731 Control strategy and regulations: Sulfur oxides. 52.2732 Small business technical and environmental compliance assistance program. Subpart CCC—Virgin Islands 52.2770 Identification of plan. 52.2771 Classification of regions. 52.2772 Approval status. 52.2773 EPA-approved Virgin Islands regulations. 52.2774 [Reserved] 52.2775 Review of new sources and modifications. 52.2776-52.2778 [Reserved] 52.2779 Significant deterioration of air quality. 52.2780 Control strategy for sulfur oxides. 52.2781 Visibility protection. 52.2782 Small business technical and environmental compliance assistance program. Subpart DDD—American Samoa 52.2820 Identification of plan. 52.2821 Classification of regions. 52.2822 Approval status. 52.2823 [Reserved] 52.2824 Review of new sources and modifications. 52.2825-52.2826 [Reserved] 52.2827 Significant deterioration of air quality. Subpart EEE—Approval and Promulgation of Plans 52.2850 Approval and promulgation of implementation plans. Subpart FFF—Commonwealth of the Northern Mariana Islands 52.2900 Negative declaration. 52.2920 Identification of plan. Appendices A-C to Part 52[Reserved] Appendix D to Part 52—Determination of Sulfur Dioxide Emissions from Stationary Sources by Continuous Monitors Appendix E to Part 52—Performance Specifications and Specification Test Procedures for Monitoring Systems for Effluent Stream Gas Volumetric Flow Rate Appendix F to Part 52—Clean Air Act Section 126 Petitions From Eight Northeastern States: Named Source Categories and Geographic Coverage Subpart U—Maine
§ 52.1020 Identification of plan. Link to an amendment published at 67 FR 35441, May 20, 2002.

(a) Title of plan: “Implementation Plan for the Achievement of National Air Quality Standards.”

(b) The plan was officially submitted on January 28, 1972.

(c) The plan revisions listed below were submitted on the dates specified.

(1) Miscellaneous non-regulatory changes to the plan submitted on March 17, 1972, by the Environmental Improvement Commission for the State of Maine.

(2) Regulation 10.8.4(g) establishing compliance schedules for sources in Maine submitted on July 28, 1972, by the Environmental Improvement Commission for the State of Maine.

(3) A revision removing fuel burning sources with a maximum heat input from three million up to 10 million BTU/hr from the particulate matter control strategy submitted on March 29, 1973, by the Governor.

(4) Changes in the Open Burning Regulation 100.2 submitted on September 4, 1973, by the State of Maine Department of Environmental Protection.

(5) An AQMA proposal submitted on June 26, 1974, by the Governor.

(6) Revision to incinerator particulate emission standard, submitted on August 26, 1976 by the Commissioner of the Maine Department of Environmental Protection, which would exempt woodwaste cone burners from the plan until 1980.

(7) Revision to incinerator particulate emission standard, submitted on November 18, 1976 by the Commissioner of the Maine Department of Environmental Protection, which would exempt municipal waste cone burners from the plan.

(8) Revision to open burning regulation submitted on December 7, 1976 by the Commissioner of the Maine Department of Environmental Protection.

(9) Revisions to Chapter 5—State Implementation Plan Air Quality Surveillance, and Chapter 6—Revision of New Sources and Modifications, submitted by the Governor on March 10, 1978.

(10) Plans to meet various requirements of the Clean Air Act, including Part C, were submitted on May 1, 1979, October 26, 1979 and December 20, 1979. Included in the revisions is a plan for review of construction and operation of new and modified major stationary sources of pollution in attainment areas.

(11) Attainment plans to meet the requirements of Part D and the Clean Air Act, as amended in 1977, were submitted on May 1, 1979; October 26, 1979; December 20, 1979; July 9, 1980; July 31, 1980; December 18, 1980; March 17, 1981. Included are plans to attain: The secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; the primary and secondary SO2 standard for Millinocket; the carbon monoxide standard for Lewiston and Bangor and the ozone standard for AQCRS 107 and 110. A program was also submitted for the review of construction and operation of new and modified major stationary sources of pollution in non-attainment areas. Certain miscellaneous provisions are also included.

(12) A plan to provide for public involvement in federally funded air pollution control activities was submitted on May 28, 1980.

(13) Revisions to Chapter 5—State Implementation Plan—Air Quality Surveillance, intended to meet requirements of 40 CFR part 58, were submitted by the Commissioner of the Maine Department of Environmental Protection on July 1, 1980.

(14) Revisions to attain and maintain the NAAQS for lead were submitted on August 7, and November 5, 1980.

(15) A revision to Regulation 100.6 (Chapter 106) “Low Sulfur Fuel Regulation” for the Metropolitan Portland Air Quality Control Region, submitted by the Governor of Maine on August 25, 1977.

(16) Department Regulation Chapter 112, Petroleum Liquid Transfer Vapor Recovery, is amended to exempt the town of Searsport, Maine from this regulation. This amendment was submitted by Henry E. Warren, Commissioner of the Department of Environmental Protection on October 23, 1981, in order to meet Part D requirements for ozone.

(17) Regulatory revisions to the plan containing changes to Chapter 101 “Visible Emissions Regulation” submitted August 7, 1980.

(18) On May 12, 1982 and February 11, 1983 the Maine Department of Environmental Protection submitted an emission limit contained in an air emissions license which requires Pioneer Plastics, Auburn, Maine to reduce its volatile organic compound emissions by at least 85%.

(19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the Maine Department of Environmental Protection submitted revisions to Chapter 103 “Fuel Burning Equipment Particulate Emission Standard.”

(20) A plan to attain the primary TSP standard in Lincoln, consisting of particulate emission limitations contained in an air emission license issued to the Lincoln Pulp and Paper Company, Inc., submitted by the Commissioner of the Maine Department of Environmental Protection on December 18, 1984.

(21) A revision to approve the deletion of Thomaston from the list of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter 113, submitted by the Commissioner on February 20, 1986.

(22) Revision to federally-approved regulation Chapter 112, Petroleum Liquids Transfer Vapor Recovery [originally approved on February 19, 1980, see paragraph (c)(11), of this section, was submitted on August 4, 1986, by the Department of Environmental Protection.

(i) Incorporation by reference.

(A) Regulation Chapter 112(6), Emission Testing, is amended by incorporating test methods and procedures as stated in 40 CFR part 60, subpart XX, § 60.503 to determine compliance with emission standards for volatile organic compound emissions from bulk gasoline terminals. This revision to Regulation Chapter 112(6) became effective on July 22, 1986 in the State of Maine.

(ii) Additional material. The nonregulatory portions of the state submittals.

(23) [Reserved]

(24) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 22, 1988.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated August 19, 1988 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 117 of the Maine Department of Environmental Protection Air Regulations entitled, “Source Surveillance,” effective in the State of Maine on August 9, 1988.

(ii) Additional material.

(A) Nonregulatory portions of the state submittal.

(25) Revisions to the Maine State Implementation Plan (SIP) for ozone submitted on February 14, 1989 and May 3, 1989 by the Maine Department of Environmental Protection (DEP) for its state gasoline volatility control program, including any waivers under the program that Maine may grant. The control period will begin May 1, 1990.

(i) Incorporation by reference. Maine Department Regulation chapter 119, Rules and Regulations of the State of Maine, entitled “Motor Vehicle Fuel Volatility Limit,” adopted August 10, 1988, amended Septemter 27, 1989 and effective October 25, 1989.

(26) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 27, 1989.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated October 27, 1989 submitting revisions to the Maine State Implementation Plan.

(B) Chapter 100 of the Maine Department of Environmental Protection's Air Regulations entitled “Definitions Regulations,” except for the definition of volatile organic compounds in Chapter 100(76) which is being incorporated by reference in 40 CFR 52.1020(c)(27). This regulation was effective in the State of Maine on October 3, 1989. Note, the definition of fuel burning equipment in Chapter 100(29) is not part of Maine's submittal.

(C) Chapter 110 except for Chapter 110(2) which is being incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter 114 except for Chapter 114(II) and (III) which are being incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter 116 of the Maine Department of Environmental Protection's Air Regulations entitled, “Ambient Air Quality Standards,” “Growth Offset Regulation,” “Classification of Air Quality Control Regions,” “Emission License Regulations,” and “Prohibited Dispersion Techniques,” respectively. These regulations were effective in the State of Maine on October 25, 1989. Chapter 108, originally approved on January 30, 1980 and February 19, 1980 in paragraphs (c)(10) and (c)(11) of this section, is being withdrawn and replaced with Chapter 115.

(D) Portions of Chapter 1 entitled “Regulations for the Processing of Applications,” effective in the State of Maine on February 8, 1984.

(ii) Additional materials.

(A) A State Implementation Plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.”

(B) Letter dated May 1, 1989 from the Maine Department of Environmental Protection regarding implementation of BACT.

(C) Nonregulatory portions of the state submittal.

(27) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 31, 1989.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated October 31, 1989 submitting revisions to the Maine State Implementation Plan.

(B) The definition of volatile organic compounds in Chapter 100(76) of the Maine Department of Environmental Protection's “Definitions Regulations” effective in the State of Maine on October 3, 1989.

(C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine Department of Environmental Protection's “Ambient Air Quality Standards” and “Classification of Air Quality Control Regions” Regulations effective in the State of Maine on October 25, 1989. Note that Millinocket remains designated as a nonattainment area for SO2 until redesignated at 40 CFR 51.320.

(ii) Additional materials.

(A) A State Implementation Plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.”

(B) Nonregulatory portions of the state submittal.

(28) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 14 and October 22, 1991.

(i) Incorporation by reference.

(A) Letters from the Maine Department of Environmental Protection dated August 14 and October 22, 1991 submitting revisions to the Maine State Implementation Plan.

(B) Revisions to Chapter 109 of the Maine Department of Environmental Protection Regulations, “Emergency Episode Regulations,” effective in the State of Maine on September 16, 1991.

(C) Part B of the Memorandum of Understanding which the Maine Department of Environmental Protection (DEP) entered into (and effective) on March 11, 1991, with the City of Presque Isle, and the Maine Department of Transportation.

(ii) Additional materials.

(A) An attainment plan and demonstration which outlines Maine's control strategy for attainment of the PM10 NAAQS and implements and meets RACM and RACT requirements for Presque Isle.

(B) Nonregulatory portions of the submittal.

(29) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 16, 1990, September 5, 1990, and November 2, 1990.

(i) Incorporation by reference.

(A) Letters from the Maine Department of Environmental Protection dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting revisions to the Maine State Implementation Plan.

(B) The definitions of actual emissions, baseline concentration, and fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's “Definitions Regulation,” Chapter 110(10) (except for Chapter 110(10)(C)(3)) of Maine's “Ambient Air Quality Standards Regulation,” Chapter 113(II)(A) of Maine's “Growth Offset Regulation,” and Chapter 115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's “Emission License Regulations,” effective in the State of Maine on July 10, 1990. Note that the revised state statute which contains the underlying authority to implement the NO2 increments became effective on July 14, 1990.

(ii) Additional materials.

(A) A state implementation plan narrative contained in Chapter 6 entitled “Review of New Sources and Modifications.”

(B) Nonregulatory portions of the state submittal.

(30) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on September 29, 1989, December 5, 1989 and June 3, 1991.

(i) Incorporation by reference.

(A) Letters from the Maine Department of Environmental Protection dated September 29, 1989, and June 3, 1991 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 111 “Petroleum Liquid Storage Vapor Control” and Chapter 123 “Paper Coater Regulation,” effective in the state of Maine on October 3, 1989.

(C) Chapter 112 “Petroleum Liquid Transfer Vapor Recovery,” effective in the State of Maine on June 9, 1991.

(ii) Additional materials.

(A) Letter from the Maine Department of Environmental Protection dated June 3, 1991 documenting the December 1990 survey conducted to satisfy the 5 percent demonstration requirement in order to justify the 3500 gallon capacity cut-off in chapter 112.

(B) Letter from the Maine Department of Environmental Protection dated December 5, 1989 requesting the withdrawal of operating permits for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11) and (c)(18).

(C) Nonregulatory portions of the submittal.

(31) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on April 20, 1992.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated April 8, 1992 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 100(54)(b) “particulate matter emissions,” Chapter 100(57)(b) “PM10 emissions,” and revisions to Chapter 100(28) “federally enforceable” and to Chapter 100(76) “volatile organic compound (VOC)” effective in the State of Maine on January 18, 1992.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(32) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 5, 1991.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated June 3, 1991 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 126 of the Maine Department of Environmental Protection Regulations, “Capture Efficiency Test Procedures” effective in the State of Maine on June 9, 1991.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(33) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on January 8, 1993.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated January 8, 1993, submitting a revision to the Maine State Implementation Plan.

(B) Revised Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions” effective in the State of Maine on February 10, 1993.

(C) Chapter 129 of the Maine Department of Environmental Protection Regulations, “Surface Coating Facilities” effective in the State of Maine on February 10, 1993.

(D) Chapter 130 of the Maine Department of Environmental Protection Regulations, “Solvent Degreasers” effective in the State of Maine on February 10, 1993.

(E) Chapter 131 of the Maine Department of Environmental Protection Regulations, “Cutback and Emulsified Asphalt” effective in the State of Maine on February 10, 1993.

(F) Chapter 132 of the Maine Department of Environmental Protection Regulations, “Graphic Arts—Rotogravure and Flexography” effective in the State of Maine on February 10, 1993.

(G) Appendix A “Volatile Organic Compounds Test Methods and Compliance Procedures” incorporated into Chapters 129 and 132 of the Maine Department of Environmental Protection Regulations, effective in the State of Maine on February 10, 1993.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(34) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on January 3, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated January 3, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Revised Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions” effective in the State of Maine on December 12, 1993.

(C) Chapter 137 of the Maine Department of Environmental Protection Regulations, “Emission Statements” effective in the State of Maine on December 12, 1993.

(ii) Additional Information.

(A) Nonregulatory portions of the submittal.

(35) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 3, 1991, November 25, 1991, and July 6, 1994.

(i) Incorporation by reference.

(A) Letters from the Maine Department of Environmental Protection dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 120 of the Maine Department of Environmental Protection Regulations, “Gasoline Tank Truck Tightness Self-Certification,” effective in the State of Maine on July 11, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(36) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 6, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated July 6, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions,” effective in the State of Maine on July 11, 1994, with the exception of the definitions of the following terms: “curtailment,” “federally enforceable,” “major modification,” “ major source,” “nonattainment pollutant,” “shutdown,” “significant emissions,” and “significant emissions increase.”

(C) Chapter 112 of the Maine Department of Environmental Protection Regulations, “Petroleum Liquids Transfer Vapor Recovery,” effective in the State of Maine on July 11, 1994.

(D) Chapter 118 of the Maine Department of Environmental Protection Regulations, “Gasoline Dispensing Facilities Vapor Control,” effective in the State of Maine on July 11, 1994.

(E) Chapter 133 of the Maine Department of Environmental Protection Regulations, “Petroleum Liquids Transfer Vapor Recovery at Bulk Gasoline Plants,” effective in the State of Maine on July 11, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(37) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 12, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated July 5, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Maine's Chapter 100 entitled, “Definition Regulations.” This regulation was effective in the State of Maine on July 11, 1994.

(C) Maine's Chapter 113 entitled, “Growth Offset Regulation.” This regulation was effective in the State of Maine on July 11, 1994.

(D) Maine's Chapter 115 entitled, “Emission License Regulation,” except for Section 115(VII)(E) of this Chapter and all references to this Section. This regulation was effective in the State of Maine on July 11, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(38) Revisions to the State Implementation Plan establishing a Small Business Stationary Source Technical and Environmental Compliance Assistance Program were submitted by the Maine Department of Environmental Protection on July 7, and August 16, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated July 7, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Revisions to the State Implementation Plan for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program dated July 12, 1994 and effective on May 11, 1994.

(C) Letter from the Maine Department of Environmental Protection dated August 16, 1994 submitting a corrected page to the July 12, 1994 SIP revision.

(39)[Reserved]

(40) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 1, 1994.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated June 1, 1994 submitting revisions to the Maine State Implementation Plan.

(B) Revisions to Chapter 114 of the Maine Department of Environmental Protection Regulations, “Classification of Air Quality Control Regions,” adopted by the Board of Environmental Protection on April 27, 1994 and accepted by the Secretary of State with an effective date of May 9, 1994.

(C) Revisions to Part B of the Memorandum of Understanding which the Maine Department of Environmental Protection (DEP) entered into (and effective) on May 25, 1994, with the City of Presque Isle, and the Maine Department of Transportation.

(ii) Additional materials.

(A) A maintenance demonstration and contingency plan which outline Maine's control strategy for maintenance of the PM10 NAAQS and contingency measures and provision for Presque Isle.

(B) Nonregulatory portions of the submittal.

(41) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 5, 1994 related to NOX controls in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties.

(i) Incorporation by reference.

(A) A Letter from the Maine Department of Environmental Protection dated August 5, 1994 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 138 of the Maine DEP's regulations, “Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides” for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties (excepted portions include Sections 1.A.1. and 3.B.). This rule was effective August 3, 1994.

(42) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 24, 1995.

(i) Incorporation by reference.

(A) Two letters from the Maine Department of Environmental Protection dated July 24, 1995 submitting revisions to the Maine State Implementation Plan.

(B) Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions Regulation,” definition of “volatile organic compounds (VOC)” effective in the State of Maine on July 25, 1995.

(C) Chapter 112 of the Maine Department of Environmental Protection Regulations, “Bulk Terminal Petroleum Liquid Transfer Requirements,” effective in the State of Maine on July 25, 1995.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(43) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 24, 1995.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated July 24, 1995 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 118 of the Maine Department of Environmental Protection Regulations, “Gasoline Dispensing Facilities Vapor Control,” effective in the State of Maine on July 25, 1995.

(ii) Additional materials

(A) Letter from the Maine Department of Environmental Protection dated May 6, 1996.

(B) Nonregulatory portions of the submittal.

(44) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 11, 1996.

(i) Incorporation by reference.

(A) Letter from the Maine Department of Environmental Protection dated October 11, 1996 submitting a revision to the Maine State Implementation Plan.

(B) Chapter 141 of the Maine Department of Environmental Protection Air Regulation entitled, “Conformity of General Federal Actions,” effective in the State of Maine on September 28, 1996.

(45) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on April 28, 1995, January 10, 1996, July 1, 1997, October 9, 1997, November 14, 1997, and December 10, 1997.

(i) Incorporation by reference.

(A) Chapter 134 of the Maine Department of Environmental Protection regulations entitled “Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds,” effective in the State of Maine on February 15, 1995, is granted a full approval for the following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and Piscataquis. This rule is granted a limited approval for Washington, Somerset, and Penobscot Counties.

(B) License Amendment #5 issued by the Maine Department of Environmental Protection to Prime Tanning Company on July 23, 1997.

(C) License Amendment #6 issued by the Maine Department of Environmental Protection to Prime Tanning Company on October 27, 1997.

(D) License issued by the Maine Department of Environmental Protection to JJ Nissen Baking Company on February 25, 1997.

(E) License Amendment #4 issued by the Maine Department of Environmental Protection to Portsmouth Naval Shipyard on July 25, 1997.

(F) License issued by the Maine Department of Environmental Protection to Dexter Shoe Company on December 5, 1996.

(G) License Amendment #1 issued by the Maine Department of Environmental Protection to Dexter Shoe Company on October 20, 1997.

(H) License Amendment #3 issued by the Maine Department of Environmental Protection to Pioneer Plastics Corporation on June 16, 1997.

(I) License Amendment #10 issued by the Maine Department of Environmental Protection to Georgia Pacific Corporation on January 4, 1996.

(J) License Amendment #5 issued by the Maine Department of Environmental Protection to Champion International Corporation on January 18, 1996.

(K) License Amendment #8 issued by the Maine Department of Environmental Protection to International Paper Company on October 4, 1995.

(L) License Amendment #9 issued by the Maine Department of Environmental Protection to International Paper Company on December 13, 1995.

(M) License Amendment #6 issued by the Maine Department of Environmental Protection to James River Corporation on December 8, 1995.

(N) License Amendment #8 issued by the Maine Department of Environmental Protection to Lincoln Pulp and Paper Co. on December 18, 1995.

(O) License Amendment #14 issued by the Maine Department of Environmental Protection to S.D. Warren Paper Company's Westbrook, Maine facility on December 18, 1995.

(P) License Amendment #14 issued by the Maine Department of Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine facility on October 4, 1995.

(Q) License Amendment #15 issued by the Maine Department of Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine facility on January 9, 1996.

(R) License Amendment #11 issued by the Maine Department of Environmental Protection to Boise Cascade Corporation on December 20, 1995.

(ii) Additional materials

(A) Letter from the Maine Department of Environmental Protection dated November 15, 1994 stating a negative declaration for the Synthetic Organic Chemical Manufacturing Industry Distillation and Reactors Control Technique Guideline categories.

(B) Nonregulatory portions of the submittal.

(46)-(47) [Reserved]

(48) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on November 19, 1998.

(i) Incorporation by reference.

(A) “Maine Motor Vehicle Inspection Manual,” as revised in 1998, pages 1-12 through 1-14, and page 2-14, D.1.g.

(B) Authorizing legislation effective July 9, 1998 and entitled H.P. 1594—L.D. 2223, “An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act.”

(ii) Additional material.

(A) Document entitled “State of Maine Implementation Plan for Inspection/Maintenance” dated November 11, 1998.

(B) Letter from the Maine Department of Environmental Protection dated November 19, 1998 submitting a revision to the Maine State Implementation Plan.

(49) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 7, 2000 and May 29, 2001.

(i) Incorporation by reference.

Maine Chapter 119, entitled “Motor Vehicle Fuel Volatility Limit” as amended and effective on June 1, 2000.

(ii) Additional materials:

(A) Letter from the Maine Department of Environmental Protection dated June 7, 2000 submitting Chapter 119 as a revision to the Maine State Implementation Plan.

(B) Letter from the Maine Department of Environmental Protection dated May 29, 2001 submitting additional technical support and an enforcement plan for Chapter 119 as an amendment to the State Implementation Plan.

[37 FR 10870, May 31, 1972] Editorial Note:

For Federal Register citations affecting § 52.1020, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

 Effective Date Note:

At 67 FR 35441, May 20, 2002, § 52.1020 was amended by adding paragraph (c)(51), effective July 19, 2002. For the convenience of the user, the added text is set forth as follows:

§ 52.1020 Identification of plan.

(c) * * *

(51) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 11, 2001.

(i) Incorporation by reference.

(A) License Amendment #10 issued by the Maine Department of Environmental Protection to Bath Iron Works Corporation on April 11, 2001.

(B) License Amendment #6 issued by the Maine Department of Environmental Protection to Pratt & Whitney on April 26, 2001.

(C) License Amendment #7 issued by the Maine Department of Environmental Protection to Pratt & Whitney on July 2, 2001.

(D) License Amendment #2 issued by the Maine Department of Environmental Protection to Moosehead Manufacturing Co.'s Dover-Foxcroft plant on May 10, 2001.

(E) License Amendment #2 issued by the Maine Department of Environmental Protection to Moosehead Manufacturing Co.'sMonson plant on May 10, 2001.

(ii) Additional materials

(A) Nonregulatory portions of the submittal.

§ 52.1021 Classification of regions.

The Maine plan was evaluated on the basis of the following classifications:

Air quality control region Pollutant Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone Metropolitan Portland Intrastate I II III III III Androscoggin Valley Interstate IA IA III III III Down East Intrastate IA IA III III III Aroostook Intrastate III III III III III Northwest Maine Intrastate III III III III III [37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980]
§ 52.1022 Approval status.

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.

[45 FR 10774, Feb. 19, 1980, as amended at 60 FR 33734, June 29, 1995]
§ 52.1023 Control strategy: Ozone.

(a) Determination. EPA is determining that, as of July 21, 1995, the Lewiston-Auburn ozone nonattainment area has attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone nonattainment area, these determinations shall no longer apply.

(b) Determination. EPA is determining that, as of July 21, 1995, the Knox and Lincoln Counties ozone nonattainment area has attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the area for so long as the area does not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in the Knox and Lincoln Counties ozone nonattainment area, these determinations shall no longer apply.

(c) Approval. EPA is approving an exemption request submitted by the Maine Department of Environmental Protection on September 7, 1995, for the Northern Maine area from the NOX requirements contained in Section 182(f) of the Clean Air Act. This approval exempts Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties from the requirements to implement controls beyond those approved in § 52.1020(c)(41) for major sources of nitrogen oxides (NOX), nonattainment area new source review (NSR) for new sources and modifications that are major for NOX, and the applicable NOX-related requirements of the general and transportation conformity provisions.

[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995]
§ 52.1024 Attainment dates for national standards.

The following table presents the latest dates by which the national standards are to be attained.

Attainment Dates Established by Clean Air Act of 1990 Air quality control region and nonattainment area Pollutant SO2 Primary Secondary PM-10 NO2 CO O3 AQCR 107: Androscoggin County (a) (b) (a) (a) (a) (g) Kennebec County (a) (b) (a) (a) (a) (g) Knox County (a) (b) (a) (a) (a) (g) Lincoln County (a) (b) (a) (a) (a) (g) Waldo County (a) (b) (a) (a) (a) (d) Oxford Cnty. (Part) See 40 CFR 81.320 (a) (b) (a) (a) (a) (e) Franklin Cnty. (Part) See 40 CFR 81.320 (a) (b) (a) (a) (a) (e) Somerset Cnty. (Part) See 40 CFR 81.320 (a) (b) (a) (a) (a) (e) AQCR 108: Aroostook Cnty. (Part) See 40 CFR 81.320 (a) (b) (c) (a) (a) (a) Remainder of AQCR (a) (b) (a) (a) (a) (a) AQCR 109: Hancock County (a) (b) (a) (a) (a) (d) Millinocket (e) (e) (a) (a) (a) (a) Remainder of AQCR (a) (b) (a) (a) (a) (a) AQCR 110: York County (a) (b) (a) (a) (a) (g) Cumberland County (a) (b) (a) (a) (a) (g) Sagadahoc County (a) (b) (a) (a) (a) (g) Oxford Cnty. (Part) See 40 CFR 81.320 (a) (b) (a) (a) (a) (e) AQCR 111 (a) (b) (a) (a) (a) (a) a Air quality levels presently below primary standards or area is unclassifiable. b Air quality levels presently below secondary standards or area is unclassifiable. c 12/31/94. d 11/15/94 (one-year extension granted). e 11/15/95. g 11/15/96. [60 FR 33352, June 28, 1995]
§ 52.1025 Control strategy: Particulate matter.

(a) The revisions to the control strategy resulting from the modification to the emission limitations applicable to the sources listed below or resulting from the change in the compliance date for such sources with the applicable emission limitation is hereby approved. All regulations cited are air pollution control regulations of the State unless otherwise noted. (See § 52.1023 for compliance schedule approvals and disapprovals pertaining to one or more of the sources below.)

Source Location Regulation involved Date of adoption 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 Maine 100.3.1(b) 3/29/73

(b) The revision to the incinerator particulate emission standard submitted on August 26, 1976 is disapproved because of provisions therein which would interfere with the attainment and maintenance of national ambient air quality standards.

(c) The revision to the incinerator particulate emission standard submitted on November 18, 1976 is disapproved because of provisions therein which would interfere with the attainment and maintenance of national ambient air quality standards.

(d) The revision to the open burning regulation submitted on December 7, 1976 is disapproved because of provisions therein which would interfere with the attainment and maintenance of national ambient air quality standards.

[38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978; 43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982]
§ 52.1026 Review of new sources and modifications.

The program to review operation and construction of new and modified major stationary sources in non-attainment areas is approved as meeting the requirements of part D as amended by the CAAA of 1990.

[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]
§ 52.1027 Rules and regulations.

(a) Part D—Conditional Approval.

(b) Non-Part D—No Action. EPA is neither approving nor disapproving the following elements of the revisions identified in § 52.1020(C)(10):

(1) Intergovernmental consultation.

(2) Interstate pollution notification requirements.

(3) Public notification requirements.

(4) Conflict of Interest requirements.

(5) Permit fees.

[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]
§ 52.1028 [Reserved]
§ 52.1029 Significant deterioration of air quality.

The program to review operation and construction of new and modified major stationary sources in attainment areas is approved as meeting the requirements of Part C.

[45 FR 6786, Jan. 30, 1980]
§ 52.1030 Control strategy: Sulfur oxides.

(a) The revision to Regulation 100.6 (Chapter 106) “Low Sulfur Fuel Regulation” for the Metropolitan Portland Air Quality Control Region, submitted by the Governor of Maine on August 25, 1977, is approved with the exception of paragraph 100.6.5(b) which allows the Commissioner of the Department of Environmental Protection to grant variances to Regulation 100.6.

[47 FR 948, Jan. 8, 1982]
§ 52.1031 EPA-approved Maine regulations. Link to an amendment published at 67 FR 35441, May 20, 2002.

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 that this table conflicts with §§ 52.1020, 52.1020 governs.

Table 52.1031—EPA-Approved Rules and Regulations State citation Title/Subject Date adopted by State Date approved by EPA Federal Register citation 52.1020 Chapter: 1 Regulations for the Processing of Applications. 02/08/84 03/23/93 58 FR 15430 (c)(26) Portions of chapter 1. 100 5/7/79 1/3/80 45 FR 6784 (c)(10) PSD Plan Only. 100 Definitions Regulations 12/24/79 2/19/80 45 FR 10766 (c)(11) 2/6/80 100 Definitions. 10/3/89 3/23/93 58 FR 15430 (c)(26) All except for the definition of VOC in chapter 100(76). Note that this definition is approved in another paragraph below. In addition, Maine withdrew the definition of fuel burning equipment in chapter 100(29) from its SIP submittal. This definition is approved in another paragraph below. (c)(27) Approval of definition of VOC in chapter 100(76) only. 100 Definitions Regulations 11/26/91 6/21/93 58 FR 33768 (c)(31) Revised “volatile organic compound (VOC)” and “federally enforceable.” Added “particulate matter emissions” and “PM10 emissions.” 100 Definitions 7/10/90 3/18/94 59 FR 12855 (c)(29) Changes to the following definitions: Actual emissions, baseline concentration and fuel burning equipment in Chapter 100(1), (9), and (29). 100 Definitions 1/6/93 6/17/94 59 FR 31157 (c)(33) Revised to add definitions associated with VOC RACT rules. 100 Definitions 11/10/93 1/10/95 60 FR 2526 (c)(34) Revised to add definitions associated with emission statement rules. 100 Definitions 6/22/94 6/29/95 60 FR 33734 36 Gasoline marketing definitions added 100 Definitions Regulation 6/22/94 2/14/96 61 FR 5694 (c)(37) Addition of 1990 Part D NSR and other CAAA requirements. 100 Definitions 7/19/95 10/15/96 61 FR 53639 (c)(42) Definition of “VOC” revised. 101 Visible Emissions 10/10/79 2/17/82 47 FR 6829 (c)(17) 102 Open Burning 1/31/72 5/31/72 37 FR 10842 (b) 103 Fuel Burning Equipment Particulate Emission Standard 1/31/72 5/31/72 37 FR 10842 (b) 1/24/83 2/26/85 50 FR 7770 (c)(19) 104 Incinerator Particulate Emission Standard 1/31/72 5/31/72 37 FR 10842 (b) 105 General Process Source Particulate Emission Standard 1/31/72 5/31/72 37 FR 10842 (b) 106 Low Sulfur Fuel 1/31/72 5/31/72 37 FR 10842 (b) 2/08/78 1/8/82 47 FR 947 (c)(15) Revised limits for Portland Peninsula only. 107 Sulfur Dioxide Emission Standards for Sulfite Pulp Mills 1/31/72 5/31/72 37 FR 10842 (b) 109 Emergency Episode Regulation 1/31/72 5/31/72 37 FR 10842 (b) 109 Emergency Episode Regulation 8/14/91 1/12/95 60 FR 2887 (c)(28) Revisions which incorporate the PM10 alert, warning, and emergency levels. 110 Ambient Air Quality Standards 5/7/79 1/30/80 45 FR 6784 (c)(10) 110 Ambient Air Quality Standards 10/25/89 3/23/93 58 FR 15430 (c)(26) 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. (c)(27) Chapter 110(2) only. 110 Ambient Air Quality Standards 7/10/90 3/18/94 59 FR 12855 (c)(29) Addition of NO2 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. 111 Petroleum Liquid Storage Vapor Control 5/7/79 2/19/80 45 FR 10766 (c)(11) 9/27/89 2/3/92 57 FR 3948 (c)(30) 112 Petroleum Liquids Transfer Recovery 2/19/80 45 FR 10766 (c)(11) 5/7/79 3/5/82 47 FR 9462 (c)(16) Irving Oil, Searsport exempted. 7/22/86 2/2/87 52 FR 3117 (c)(22) Bulk Gasoline Terminal Test methods. 5/22/91 2/3/92 57 FR 3948 (c)(30) The exemption for Irving Oil Corporation in Searsport, Maine incorporated by reference at 40 CFR 52.1020(c)(16) is removed. 112 Petroleum liquids transfer recover 6/22/94 6/29/95 60 FR 33734 36 Deleted exemption for tank trucks less than 3500 gallons. 112 Gasoline Bulk Terminals 7/19/95 10/15/96 61 FR 53639 (c)(42) Emission limit lowered from 80 mg/l to 35 mg/l. 113 Growth Offset Regulation 5/7/79 2/19/80 45 FR 10766 (c)(11) Part of New Source Review program. 12/18/85 12/23/86 51 FR 45886 (c)(21) Deletes Thomaston. 113 Growth Offset Regulation 10/25/89 3/23/93 58 FR 15430 (c)(26) 113 Growth Offset Regulation 7/10/90 3/18/94 59 FR 12855 (c)(29) Change to Chapter 113(II)(A) to include NO2. 113 Growth Offset Regulation 6/22/94 2/14/96 61 FR 5694 (c)(37) Addition of 1990 Part D NSR requirements. 114 Classification of Air Quality Control Regions 5/7/79 1/30/80 45 FR 6874 (c)(10) 114 Designation of Air Quality Control Regions 10/25/89 3/23/93 58 FR 15430 (c)(26) All except for chapter 114(11) and (111) which are approved in another paragraph below. (c)(27) Chapter 114(11)and (111) only. 114 Classification of Air Quality Control Regions 4/27/94 Aug. 30, 1995 60 FR 45060 (c)(40) Revision to remove Presque Isle as nonattainment for PM10. 115 Emission License Regulation. 5/7/79 1/30/80 45 FR 6784 (c)(10) PSD 12/24/79 2/19/80 45 FR 10766 (c)(11) New Source Review. 10/25/89 3/23/93 58 FR 15430 (c)(26) Note Maine did not submit references to nonregulated pollutants for approval. Also note that this chapter was formerly chapter 108. 115 Emission License Regulation 7/10/90 3/18/94 59 FR 12855 (c)(29) Changes to Chapter 115(I)(B), (VII)(A), VII)(B)(3), and (VII)(D)(3) to remove Chapter 108 and to incorporate NO2 increments requirements. 115 Emission License Regulation 6/22/94 2/14/96 61 FR 5694 (c)(37) Addition of 1990 Part D NSR and other CAAA requirements. 116 Prohibited Dispersion Techniques. 10/25/89 3/23/93 58 FR 15430 (c)(26) 117 Source Surveillance 8/9/88 3/21/89 54 FR 11525 24 118 Gasoline Dispensing Facilities 6/22/94 6/29/95 60 FR 33734 36 7/19/95 10/15/96 61 FR 53639 (c)(43) Stage II vapor recovery requirements added. 119 Motor Vehicle Fuel Volatility Limit 6/1/00 3/6/02 67 FR 10100 (c)(49) Controls fuel volatility in the State. 7.8 psi RVP fuel required in 7 southern counties. 120 Gasoline Tank Trucks 6/22/94 6/29/95 60 FR 33734 35 123 Paper Coater Regulation 9/27/89 2/3/92 57 FR 3949 (c)(30) 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. 126 Capture Efficiency Test Procedures 5/22/91 3/22/93 58 FR 15282 (c)(32) 129 Surface coating Facilities 1/6/93 6/17/94 59 FR 31157 (c)(33) Includes surface coating of: Cans, fabric, vinyl, metal furniture, flatwood paneling, and miscellaneous metal parts and products. 130 Solvent Degreasers 1/6/93 6/17/94 59 FR 31157 (c)(33) 131 Cutback and Emulsified Asphalt 1/6/93 6/17/94 59 FR 31157 (c)(33) 132 Graphic Arts: Rotogravure and Flexography 1/6/93 6/17/94 59 FR 31157 (c)(33) 133 Gasoline Bulk Plants 6/22/94 6/29/95 60 FR 33734 36 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 2/8/95 4/18/00 65 FR 20753 (c)(45) Regulation fully approved for the following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties. 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 2/25/97 4/18/00 65 FR 20753 (c)(45) VOC RACT determination for JJ Nissen Baking Company. 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 7/23/97
  • 10/27/97
    • 4/18/00 65 FR 20753 (c)(45) VOC RACT determination for Prime Tanning.     134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 7/25/97 4/18/00 65 FR 20753 (c)(45) VOC RACT determination for Portsmouth Naval Shipyard. 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 12/5/96
  • 10/20/97
    •  4/18/00 65 FR 20753 (c)(45) VOC RACT determination for Dexter Shoe.     134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 6/16/97 4/18/00 65 FR 20753 (c)(45) VOC RACT determination for Pioneer Plastics. 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 1/4/96 4/18/00 65 FR 20753 (c)(45) VOC RACT determination for Georgia Pacific. 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 1/18/96 4/18/00 65 FR 20753 (c)(45) VOC RACT determination for Champion International. 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 10/4/95
  • 12/13/95
    •  4/18/00 65 FR 20753 (c)(45) VOC RACT determination for International Paper.     134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 12/8/95 4/18/00 65 FR 20753 (c)(45) VOC RACT determination for James River. 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 12/18/95 4/18/00 [65 FR 20754 (c)(45) VOC RACT determination for Lincoln Pulp and Paper. 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 12/18/95 4/18/00 65 FR 20754 (c)(45) VOC RACT determination for SD Warren Paper Company's Westbrook, Maine facility. 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 10/4/95
  • 1/9/96
    •  4/18/00 65 FR 20754 (c)(45) VOC RACT determination for SD Warren Paper Company's Skowhegan, Maine facility.     134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 12/20/95 4/18/00 65 FR 20754 (c)(45) VOC RACT determination for Boise Cascade. 137 Emission Statements 11/10/93 1/10/95 60 FR 2526 (c)(34) 138 Reasonably Available Control Technology For Facilities That Emit Nitrogen Oxides 8/3/94 December 26, 1995 60 FR 66755 (c)(41) 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.). 141 Conformity of General Federal Actions 9/11/96 September 23, 1997 62 FR 49611 (c)(44) “Chapter 141: Conformity of General Federal Actions”. “Vehicle I/M” Vehicle Inspection and Maintenance 7/9/98 1/10/01 66 FR 1875 (c)(48) Maine Motor Vehicle Inspection Manual,” revised in 1998, pages 1-12 through 1-14, and page 2-14, D.1.g. Also, Authorizing legislation effective July 9, 1998 and entitled L.D. 2223, “An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal CleanAir Act.” Note.—1. The regulations are effective statewide unless stated otherwise in comments section.     (Secs. 110(a) and 301(a) of the Clean Air Act, as amended (42 U.S.C. 7410(a) and 7601(a))) [50 FR 3336, Jan. 24, 1985, as amended at 50 FR 7770, Feb. 26, 1985; 51 FR 45886, Dec. 23, 1986; 52 FR 3117, Feb. 2, 1987; 54 FR 11525, Mar. 21, 1989; 55 FR 20603, May 18, 1990; 57 FR 3948, Feb. 3, 1992; 58 FR 15282, Mar. 22, 1993; 58 FR 15430, Mar. 23, 1993; 58 FR 33768, June 21, 1993; 59 FR 12855, Mar. 18, 1994; 59 FR 31157, June 17, 1994; 60 FR 2526, Jan. 10, 1995; 60 FR 2887, Jan. 12, 1995; 60 FR 33734, June 29, 1995; 60 FR 45059, Aug. 30, 1995; 60 FR 66755, Dec. 26, 1995; 61 FR 5694, Feb. 14, 1996; 61 FR 53639, Oct. 15, 1996; 62 FR 49611, Sept. 23, 1997; 65 FR 20753, Apr. 18, 2000; 66 FR 1875, Jan. 10, 2001; 67 FR 10100, Mar. 6, 2002] Effective Date Note:

    At 67 FR 35441, May 20, 2002, § 52.1031, Table 52.1031 was amended by adding new entries to existing state citations for Chapter 134, effective July 19, 2002. For the convenience of the user, the added text is set forth as follows:

    § 52.1031 EPA-approved Maine Regulations Table 52.1031.—EPA-Approved Rules and Regulations State Title/subject Adopted date by State Approved date by EPA Federal Register citation 52.1020 * * * * * * * 134 Reasonably available control technology for facilities that emit volatile organic compounds 4/11/01 5/20/02 67 FR 35441 (c)(51) VOC RACT determination for Bath Iron Works. 134 Reasonably available control technology for facilities that emit volatile organic compounds 4/26/01
  • 7/2/01
    •  5/20/02 67 FR 35441 (c)(51) VOC RACT determination for Pratt & Whitney.     134 Reasonably available control technology for facilities that emit volatile organic compounds 5/10/01 5/20/02 67 FR 35441 (c)(51) VOC RACT determination for for Moosehead Manufacturing's Dover-Foxcroft plant. Reasonably available control technology for facilities that emit volatile organic compounds 5/10/01 5/20/02 67 FR 35441 (c)(51) VOC RACT determination for for Moosehead Manufacturing's Monson plant. * * * * * * *
    § 52.1033 Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures for meeting all of the requirements of 40 CFR 51.302 or 51.306 for the protection of visibility in mandatory class I Federal areas.

    (b)[Reserved]

    (c) Long-term strategy. The provisions of § 52.29 are hereby incorporated into the applicable plan for the State of Maine.

    [52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993]
    § 52.1034 Stack height review.

    The State of Maine has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion techniques as defined in EPA's stack height regulations as revised on July 8, 1985. Such declarations were submitted to EPA on December 17, 1985; May 30, 1986; October 2, 20, and 24, 1986; August 6, 1987; September 8 and 30, 1988.

    [54 FR 8190, Feb. 27, 1989]
    § 52.1035 Requirements for state implementation plan revisions relating to new motor vehicles.

    Maine must comply with the requirements of § 51.120.

    [60 FR 4737, Jan. 24, 1995]
    § 52.1036 Emission inventories.

    (a) The Governor's designee for the State of Maine submitted 1990 base year emission inventories for the Knox and Lincoln Counties area, the Lewiston and Auburn area, the Portland area, and the Hancock and Waldo Counties area on July 25, 1995 as a revision to the State Implementation Plan (SIP). The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for these areas.

    (b) The inventory is for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventory covers point, area, non-road mobile, on-road mobile, and biogenic sources.

    (c) The Knox and Lincoln Counties nonattainment area is classified as moderate. The Lewiston and Auburn nonattainment area is classified as moderate and consists of Androscoggin and Kennebec Counties. The Portland nonattainment area is classified as moderate and consists of Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties nonattainment area is classified as attainment.

    (d) The Governor's designee for the State of Maine submitted 1993 periodic year emission inventories for the Hancock and Waldo Counties area on May 13, 1996 as a revision to the State Implementation Plan (SIP). The 1993 periodic year emission inventory requirement of section 182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied for the Hancock and Waldo counties area.

    (e) On June 24, 1997, the Maine Department of Environmental Protection submitted a revision to establish explicit year 2006 motor vehicle emissions budgets [6.44 tons per summer day of VOC, and 8.85 tons per summer day of NOX] for the Hancock and Waldo counties ozone maintenance area to be used in determining transportation conformity.

    [62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997]
    Subpart V—Maryland
    § 52.1070 Identification of plan. Link to an amendment published at 67 FR 36812, May 28, 2002. Link to an amendment published at 67 FR 39857, June 11, 2002. Link to an amendment published at 67 FR 44062, July 1, 2002.

    (a) Title of plans:

    (1) “Plan for Implementation of Ambient Air Quality Standards in Cumberland, Maryland-Keyser, West Virginia, Interstate Air Quality Control Region.”

    (2) “Plan for Implementation of Ambient Air Quality Standards in the Central Maryland Intrastate Air Quality Control Region.”

    (3) “Plan for Implementation of Ambient Air Quality Standards in the Metropolitan Baltimore Intrastate Air Quality Control Region.”

    (4) “Plan for Implementation of Ambient Air Quality Standards in the Maryland portion of the National Capital Interstate Air Quality Control Region.”

    (5) “Plan for Implementation of Ambient Air Quality Standards in the Southern Maryland Intrastate Air Quality Control Region.”

    (6) “Plan for Implementation of Ambient Air Quality Standards in the Eastern Shore Intrastate Air Quality Control Region.”

    (b) The plans were officially submitted on January 28, 1972.

    (c) The plan revisions listed below were submitted on the dates specified.

    (1) Miscellaneous non-regulatory additions and errata to the plan submitted on February 25, 1972, by the Maryland Bureau of Air Quality Control.

    (2) Clarification of emission data submitted on March 3, 1972, by the Maryland Bureau of Air Quality Control.

    (3) Final State emission limitations, Regulations 10.03.35-10.03.41 of the Maryland Air Pollution Control Regulations, submitted on April 4, 1972, by the Maryland Bureau of Air Quality Control.

    (4) Miscellaneous non-regulatory corrections and additions to the plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality Control.

    (5) Miscellaneous non-regulatory corrections and additions to the plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality Control.

    (6) Revision establishing unsuitable sites for construction of power plants submitted July 27, 1972, by the Maryland Department of Natural Resources.

    (7) Transportation control plan for Metropolitan Baltimore and National Capital AQCR Submitted on April 16, 1973, by the Governor.

    (8) Amendments to the Maryland Transportation Control Plans submitted on May 5, 1973, by the Governor.

    (9) Amendments to the Maryland Transportation Control Plans submitted on June 15, 1973, by the Governor.

    (10) Amendments to the Maryland Transportation Control Plans submitted on June 22, 1973, by the Governor.

    (11) Amendments to the Maryland Transportation Control Plans submitted on June 28, 1973, by the Governor.

    (12) Amendments to the Maryland plan for attainment and maintenance of secondary SO2 standard for Metropolitan Baltimore AQCR submitted on July 31, 1973, by the Governor.

    (13) Amendment to Maryland regulations 10.03.38.04J and 10.03.39.04J covering gasoline handling vapor control submitted on April 24, 1974, by the Governor of Maryland.

    (14) Request for regulations 10.03.38.06G(2) and 10.03.39.06G(2) to be withdrawn from consideration submitted on November 29, 1974, by the Governor of Maryland.

    (15) Amendments to Maryland Regulations 10.03.36, 10.03.37, 10.03.39, 10.03.40 and 10.03.41; deleting subsection .04B(3), which requires the lowering of the allowable sulfur-in-fuel limitation to 0.5 percent submitted on December 11, 1974 by the Governor.

    (16) Amendment to Sections .04J(1) and .04J(2) of Maryland Regulations 10.03.38 and 10.03.39 (vapor recovery, Stage I); submitted on April 24, 1974, and amended on July 1, 1975 by the Governor.

    (17) Amendment to Sections .04B(1) and .04B(2) of Maryland Regulations 10.03.37, 10.03.40 and 10.03.41 (allowable sulfur content in fuel); submitted on July 1, 1975 by the Governor.

    (18) Amendment to Maryland Regulation 10.03.38, deleting subsection .04B(3), which requires the lowering of the allowable sulfur-in-fuel limitation to 0.5 percent, submitted on December 11, 1974 by the Governor.

    (19) Amendments to Sections .03 (Air Pollution Episode System), .06 (Test Methods) and .11 (Permits); and deletion of Section .04 (Prior Registration of Proposed Installations) of Maryland Regulation 10.03.35 (Regulations Governing Air Pollution Control in the State of Maryland); amendments to Sections .03 (Control of Particulate Emissions), .04 (Control and Prohibition of oxides of nitrogen emissions), and associated tables of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, and 10.03.41 (Regulations Governing Air Pollution Control in the Cumberland-Keyser, Central Maryland, Southern Maryland, and Eastern Shore AQCRs); amendments to Sections .03 (Control and Prohibition of Particulate Emissions), .04 (Control and Prohibition of Hydrocarbons andOxides of Nitrogen Emissions) and .06 (Control and Prohibition of Installations and Operations) and associated tables of Maryland Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution Control in the Metropolitan Baltimore and National Capital AQCRs); submitted on April 24, 1974 by the Governor.

    (20) Amendments to Sections .01 (Definitions), .04 (Ambient Air Quality Standards (former Section .05 of Regulations)), 10.03.36 through 10.03.41 (Regulations Governing Control of Air Pollution in the State of Maryland); amendments to Sections .01 (Control and Prohibition of Open Burning), .02 (Control and Prohibition of Particulate Emissions), .03 (Control and Prohibition of Sulfur Oxides, Hydrocarbons and Oxides of Nitrogen Emissions), and .06 (Control and Prohibition of Installations and Operations) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, and 10.03.41 (Regulations Controlling Air Pollution in the Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCRs); amendments to Section .02 (Control and Prohibition of Visible Emissions), .03 (Control and Prohibition of sulfur oxides, hydrocarbons, and oxides of nitrogen emissions), and .06 (Control and Prohibition of Installations and Operations) of Maryland Regulations 10.03.38 and 10.03.39 (Regulations Controlling Air Pollution in the Metropolitan Baltimore and National Capital AQCRs); submitted on December 11, 1974 by the Governor.

    (21) Amendments to Section .11 (Permits) of Maryland Regulation 10.03.35 (Regulations Governing Control of Air Pollution in the State of Maryland); amendments to Section .04 (Control and prohibition of sulfur oxides emissions) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40 and 10.03.41 (Regulations Governing Air Pollution Control in the Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCR's); deletion of Section .03D(1) (Control of particulate matter from grain drying installations) from Maryland Regulations 10.03.36, 10.03.37, 10.03.40 and 10.03.41; deletion of Section .03D (Control of particulate matter from grain drying installations) from Maryland Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution Control in the Metropolitan Baltimore and National Capital AQCR's) submitted by the Governor on July 1, 1975.

    (22) A Consent Order for the Chalk Point power plant issued by the Circuit Court for Montgomery County on February 27, 1978.

    (23) Amendments to Sections .01 (Definitions), .03 (Air Pollution Episode System), .06 (Test Methods) and .12 (Emission Test Methods); and deletion of Section .08 (Penalties and Plans for Compliance) of Regulation 10.03.35 (Regulations Governing Air Pollution Control in the State of Maryland); amendments to Table 1 (Emission Standards for New Fuel Burning Equipment) of Maryland Regulations 10.03.36 through 10.03.41; amendments to Section .04 (Control and Prohibition of Gas and Vapor Emissions) and .06 (Control and Prohibition of Installations and Operations; and deletion of Section. .03E (Process Weight Requirements) and .07 (Transition from Previous Regulations) of Maryland Regulation 10.03.38 (Regulation Governing Air Pollution Control in the Metropolitan Baltimore AQCR); amendments to Section .01 (Control of Open Fires) and .04 (Control of Gas and Vapor Emissions; and deletion of Sections .03E (Process Weight Requirements) and .07 (Transition from Previous Regulations) of Maryland Regulation 10.03.39 (Regulation Governing Air Pollution Control in the Maryland Portion of the National Capital Interstate AQCR) submitted on February 10, 1977 by the Governor.

    (24) Amendments to Maryland Regulation 10.03.35 through 10.03.41 inclusive which supplement the English System measurement with equivalent metric units submitted on February 10, 1977 by the Governor.

    (25) Consent Order dated July 28, 1978 between the Potomac Electric Power Company and the Department of Health and Mental Hygiene of the State of Maryland in the Circuit Court for Montgomery County (No. 49352—Equity) submitted on August 8, 1978 by Acting Governor Blair Lee.

    (26) Consent Orders for Beall Jr./Sr. High School and Mount St. Mary's College issued by the Secretary of the Maryland Department of Health and Mental Hygiene on January 30, 1979 and March 8, 1979 respectively.

    (27) Amendments to Sections .01, .07, and .11 of Maryland Regulation 10.18.01 as submitted on January 19, 1979 by the Governor.

    (28) Amendments to Sections .03D, .03F, .03H, .06I of Maryland Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the Governor.

    (29) Variances from Maryland regulations 10.18.04.02(A), 10.18.04.03(B)(3), and 10.18.04.04(B)(1) relating to visible emissions, particulate matter from solid fuel burning equipment and prohibition of usage of fuel with sulfur content in excess of one percent by weight, respectively. The variance request was submitted on October 24, 1979 by the Governor of Maryland.

    (30) Consent orders submitted by the Governor on July 16, 1975, November 18, 1977, and by the Administrator, Air Quality Programs on June 15, 1979 granting the Westvaco Corporation an exception to Regulation COMAR 10.18.02.04B.

    (31)-(32) [Reserved]

    (33) A consent order amending regulation 10.18.07, 10.18.07.02B, 10.18.07.03B(2)a, for the Firestone Plastics Co., Inc., Perryville, Maryland, submitted on December 1, 1978, by the Maryland Environmental Health Administration.

    (34) Amendment to Maryland regulations 10.18.05.03(B)(2), 10.18.05.02(A), and 10.18.05.03(B)(1)(a) relating to relaxation of particulate emissions, visible emissions and waiving of particulate control equipment requirement for the Chalk Point Generating Station Unit #3. The amendment, a Secretarial Order, was submitted on August 13, 1979 by the State of Maryland.

    (35) Variance from Maryland regulation 10.18.04.02(A) relating to visible emissions and allowing a maximum visible emission of 25% opacity. This variance expires on September 11, 1982. The variance request was submitted on September 27, 1979 by the State of Maryland.

    (36) Amendments to Sections .01 (Definitions), .04 (Ambient Air Quality Standards), and .11 (Permits) of Maryland Regulation 10.18.01 (Regulations Governing Control of Air Pollution in the State of Maryland); and amendments to Section .02 (Control and Prohibition of Visible Emissions) of Maryland Regulations 10.18.04 and 10.18.05 (Regulations Governing Air Pollution Control in the Metropolitan Baltimore and National Capital AQCRS's) submitted by the Governor on September 26, 1979.

    (37) Amendments to Section .04J(3)a and .04J(3)b (Organic Compounds) of Maryland Regulations 10.18.04 and 10.18.05; submitted on February 10, 1977 by the Governor.

    (38) Deletion of Section .06G(2) (Control and Prohibition of 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.

    (39) Deletion of Sections .06G(1) and .06G(3) (Control and Prohibition of Photochemically Reactive Organic Materials From Sources Built or Modified after February 12, 1974) of Maryland Regulations 10.18.04 and 10.18.05 from the Maryland State Implementation Plan (SIP).

    (40) Letter of January 21, 1980 from Maryland to EPA explaining the State's interpretation of the scope of coverage of Maryland Regulation 10.18.04.04J.

    (41) Amendments to Sections .06 of Maryland Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the Governor.

    (42) Amendment to Section .01(y) of Maryland Regulation 10.18.01 as submitted on December 10, 1979 by the Governor.

    (43) Amendments to Regulations 10.18.04 and 10.18.05; Sections .04J(1)c, .04J(1)d, .04J(1)e(i), .04J(1)f, .04J(1)g, .04J(1)h, .04J(1)i(i), .04J(3)d, .04J(4)a, .04J(4)b, and .04J(5) a through j; submitted on January 19, 1979, and amended on September 26, 1979 by the State of Maryland.

    (44) A revision submitted by the State of Maryland on December 20, 1979 which is intended to establish an Ambient Air Quality Monitoring Network.

    (45) Recodification of the Maryland Regulations submitted by the State of Maryland on May 22, 1980.

    (46) Amendments to section .04D(4) of COMAR 10.18.04 and COMAR 10.18.05 establishing a revised sulfur oxides emissions limitation for all existing solid fuel-fired, cyclone type fuel burning equipment having an actual heat input in excess of 1,000 million Btu/hour; submitted on February 20, 1980 by the Governor.

    (47) October 1, 1980 letter from George P. Ferreri, Maryland Office of Environmental Programs to James E. Sydnor, EPA, certifying that the Baltimore Gas & Electric Company's C. P. Crane Generating Station is the sole facility to which COMAR 10.18.04.04D(4) and 10.18.05.04D(4) would apply.

    (48) A revision submitted by the State of Maryland on 9/10/80 consisting of a variance issued to the General Refractories Company of Baltimore, Maryland exempting the Company from the “No Visible Emissions” requirements of COMAR 10.18.04.02A for aperiod of three (3) years commencing 9/2/80.

    (49) A revision submitted by the State of Maryland on November 3, 1980 consisting of a Consent Agreement (Order) between the State of Maryland and the Maryland Slag Company decreasing the particulate matter emission limitation for the Company.

    (50) A revision submitted by the State of Maryland on October 24, 1979 consisting of amendments to the following regulations:

    COMAR 10.18.01 as recodified in 40 CFR 52.1070(c)(45), 10.18.02 as recodified in 40 CFR 52.1070(c)(45), 10.18.03 as recodified in 40 CFR 52.1070(c)(45), 10.18.04 as recodified in 40 CFR 52.1070(c)(45), 10.18.05 as recodified in 40 CFR 52.1070(c)(45), 10.18.06 as recodified in 40 CFR 52.1070(c)(45), 10.18.07 as recodified in 40 CFR 52.1070(c)(45).

    (51) A revision submitted by the State of Maryland on May 22, 1980, consisting of changes in definitions in sections 10.18.01.01 and revoking of obsolete regulations, COMAR 10.03.38.04 B(4) and 10.03.39.04 B(4).

    (52) A revision submitted by the State of Maryland on April 24, 1974, consisting of changes in COMAR 10.03.35.06 A(1) and 10.03.35.06 A(3).

    (53) A revision submitted by the State of Maryland on December 10, 1979, consisting of changes in Sections .01 and .11 of COMAR 10.18.01, and in Sections .05 and .07 of COMAR 10.18.02, 10.18.03, 10.18.04, 10.18.05, 10.18.06 and 10.18.07.

    (54) A revision submitted by the State of Maryland on October 17, 1980, consisting of an exception to COMAR 10.18.06.02B for the Maryland Cup Corporation.

    (55) A revision submitted by the State of Maryland on August 7, 1981 consisting of an exception to COMAR 10.18.09.07A(2)(c) for the Reading-Whitehall Paperboard Company.

    (56) A Secretarial order submitted by the State of Maryland on June 23, 1981 consisting of a variance issued to the Potomac Electric Power Company at Dickerson, Maryland exempting the company from the “no visible emissions” requirements of COMAR 10.18.09.05A(2) until five years from the date of approval by EPA.

    (57) A Secretarial order submitted by the State of Maryland on July 17, 1981 consisting of a various issued to the American Cyanamid Company, Havre de Grace, Maryland from the “no visible emissions” requirement of COMAR 10.18.06.02B until July 8, 1986.

    (58) Amendments to COMAR 10.18.01, 10.18.06, 10.18.08, 10.18.09, 10.18.11, 10.18.12, 10.18.13, 10.18.14, 10.18.21, and Technical Memorandum TM-116 (amended November 1980) as submitted by the Governor on May 18, 1981.

    (59) Addition of Maryland Regulation 10.18.06.14 (Control of PSD sources) which incorporates by reference the Federal prevention of significant deterioration (PSD) requirements set forth in 40 CFR 52.21; submitted on June 24, 1981 by the Governor.

    (60) A State Implementation Plan for the control of lead (Pb) emissions submitted on October 23, 1980 by the Governor.

    (61) A letter containing supplemental clarifying information with respect to the State's control strategy demonstration; submitted on July 27, 1981 by the Maryland Air Management Administration.

    (62) A revised Secretarial order controlling lead emissions from the Mobay Chemical Corporation's frit manufacturing plant in Baltimore, Maryland; submitted December 16, 1981 by the Maryland Air Management Administration.

    (63) A revision submitted by the State of Maryland on October 8, 1981 detailing a plan for satisfying requirements of sections 121 and 127 of the Clean Air Act Amendments of 1977.

    (64) A revision submitted by the State of Maryland on November 18, 1981, consisting of a Modified Amended Consent Order for Potomac Electric Power Company's Chalk Point generating station.

    (65) A Secretarial order stating the terms under which a construction permit for a new source in a nonattainment area will be issued by the Northeast Maryland Waste Disposal Authority to Wheelabrator-Frye, Inc. to construct and operate a municipal incinerator; submitted on December 22, 1981 by the Director, Maryland Air Management Administration, Department of Health and Mental Hygiene.

    (66) An amendment to Code of Maryland Air Regulation (COMAR) 10.18.08.05A(1) revising the method for calculating particulate emissions from incinerators located in the Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore Air Quality Control Regions (AQCR's), submitted on January 11, 1982 by the Governor.

    (67) Code of Maryland Air Regulations (COMAR) 10.18.10 (Control of Iron and Steel Production Installations); Technical Memorandum AMA-TM 81-04: Amendment to AMA-TM 73-116; Amendments to COMAR 10.18.01.01 (General Administrative Regulations—Definitions) and COMAR 10.18.06.02 (General Emission Standards, Prohibitions and Restriction); and a New Amended Plan for Compliance for the Bethlehem Steel Corporation's Sparrows Point, Maryland Plant; submitted on August 11, 1981 by the Governor.

    (68) The revised Health-Environmental Article of the Annotated Code of Maryland, submitted on July 2, 1982 by the Director, Maryland Air Management Administration, Department of Health and Mental Hygiene.

    (69) A revision submitted by the State of Maryland on November 15, 1982, consisting of an extension to the previous visible emission exception to COMAR 10.18.01.08 (Exception to Visible Emission Requirements) for the Maryland Cup Corporation. The exception is renewed until September 11, 1987.

    (70) A modified Secretarial order stating the terms under which a construction permit for a new source in a nonattainment area will be issued to Wheelabrator-Frye, Inc. who will construct, own, and operate a municipal incinerator; submitted on March 17, 1983 by the Director, Maryland Air Management Administration, Department of Health and Mental Hygiene.

    (71) Plan Revision, excluding the schedules for additional VOC controls and the required Vehicle Emissions Inspection Program, providing for attainment of the Ozone and Carbon Monoxide Standards, submitted by the State on July 1, 1982 for the Metropolitan Baltimore Intrastate Air Quality Control Region (AQCR) and November 5, 1982 for the Maryland portion of the National Capital Interstate AQCR. On May 4, 1983, and June 13 and 16, 1983, the State submitted amended I/M regulations. A revised schedule for the adoption of controls for VOC sources was submitted on December 23, 1983.

    (72) Amendments to Code of Maryland Regulations (COMAR) 10.18.01, .02, .06, .11, .13, and .21 which apply to air quality control areas III and IV, submitted on August 22, 1983.

    (73) A revision submitted by the State of Maryland on July 12, 1983, consisting of a plan for Compliance for the J.L. Clark Manufacturing Company in Havre De Grace.

    (74) A Consent Order granting the Westvaco Corporation a sulfur dioxide (SO2) emissions limitation which is equivalent to COMAR 10.18.09. 07(A)(1)(a); submitted on September 7, 1983, as amended on February 7, 1984 by the Maryland Air Management Administration.

    (75) Revision submitted by the State of Maryland on December 13, 1983 consisting of a Plan for Compliance for the General Motors Corporation, GM Assembly Division, Baltimore City Plant.

    (76) Revision submitted by the State of Maryland on December 13, 1983 consisting of a Plan for Compliance for the American Can Company, Baltimore City.

    (77) Revision submitted by the State of Maryland on December 13, 1983 consisting of a Plan for Compliance for the National Can Corporation, Baltimore County.

    (78) Revision submitted by the State of Maryland on April 6, 1984 consisting of a Plan for Compliance for the Crown Cork and Seal Company, Inc., Baltimore City.

    (79) Revision submitted by the State of Maryland on April 6, 1984 consisting of a Plan for Compliance for the Continental Can Company, Baltimore City.

    (80) A revision submitted by the State of Maryland on January 26, 1984, and May 25, 1984 consisting of amendments to change the State's stationary source stack testing procedures document and to correct a State procedural defect relating to procedures for observing visible emissions from iron and steel facilities.

    (81) [Reserved]

    (82) Revisions to the Code of Maryland Regulations (COMAR) were submitted by the Director of the Maryland Air Management Administration of March 14, 1984.

    (i) Incorporation by reference. (A) Amendments to COMAR 10.18.02 (Permits, Approvals and Registration) and COMAR 10.18.08 (Control of Incinerators), as published in the Maryland Register on February 3, 1984 (proposed on November 11, 1983).

    (ii) Additional material. (A) Letter from the MAMA dated November 29, 1984 clarifying that permit applications would only be accepted from incinerators subject to the hazardous waste facility regulations and that hazardous waste facility permits would be treated as air quality permits for all purposes.

    (83) Revisions to the Code of Maryland Regulations (COMAR) were submitted by the Director of the Maryland Air Management Administration on March 14, 1984.

    (i) Incorporation by reference.

    (A) Amendments to COMAR 10.18.09 (Control of Fuel Burning Equipment and Stationary Internal Combustion Engines), as published in the Maryland Register on March 2, 1984.

    (ii) Additional information.

    (A) Letter from MAMA dated November 29, 1984 clarifying that a permit cannot be issued for the sources unless they undergo new source review as under COMAR 10.18.02 (Permits, Approvals and Registration).

    (84) [Reserved]

    (85) Revisions to the Ozone Attainment Plan were submitted by the Director, Maryland Air Management Administration, on August 1, 1984.

    (i) Incorporation by reference.

    (A) State Secretarial Order for the Monarch Manufacturing Company located in Belcamp, Maryland, allowing interim VOC emission standards to be used by the Company until source-specific regulations are developed by MAMA. The Company shall come into compliance with the source-specific regulations within six months after their adoption. The Secretarial Order was approved on July 23, 1984.

    (86) Revisions submitted on March, 1, 1989 by the Secretary, Maryland Department of the Environment, amending the Code of Maryland Air Regulations (COMAR) 10.18.21.10 (Graphic Arts) and COMAR 10.18.21.13 (Miscellaneous Metal Coating, Interior Sheet Drum Lining).

    (i) Incorporation by reference.

    (A) Revisions to COMAR 10.18.21.10, pertaining to graphic arts, and COMAR 10.18.21.13, pertaining to miscellaneous metal coating, interior sheet drum lining. These revisions were adopted by the Secretary of Health and Mental Hygiene on June 10, 1987and became effective on August 10, 1987.

    (ii) Additional information.

    (A) Letter of June 30, 1987 from George P. Ferreri, Director, Maryland Air Management Administration, to Thomas J. Maslany, EPA Region III, forwarding revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13.

    (B) Letter of March 13, 1989 from George P. Ferreri, Director, Maryland Air Management Administration to Stanley L. Laskowski, Acting Regional Administrator, EPA Region III, clarifying information with respect to the adopted and effective dates of the revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13.

    (87) A revision submitted by the Secretary, Maryland Department of Health and Mental Hygiene on March 30, 1987, consisting of amendments to the Good Engineering Practice (GEP) Stack Height Regulations, COMAR 10.18.01.08 (Determination of Ground Level Concentrations—Acceptable Techniques).

    (i) Incorporation by reference.

    (A) Letter of March 30, 1987 from the Secretary, Maryland Department of Health and Mental Hygiene.

    (B) COMAR 10.18.01.08 (Determination of Ground Level Concentrations—Acceptable Techniques), which was adopted by the Maryland Department of Health and Mental Hygiene on January 23, 1987.

    (ii) Additional information.

    (A) None.

    (88) [Reserved]

    (89) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on June 30, 1987.

    (i) Incorporation by reference.

    (A) Letter from the Maryland Department of Environment dated June 30, 1987 submitting a revision to the Maryland State Implementation Plan pertaining to the definitions of true vapor pressure and vapor pressure.

    (B) Maryland Register Volume 13, page 2048; COMAR 10.18.01.01 Definitions V-1. and X-1 (Now recodified as COMAR 26.11.01.01 Z. and CC.).

    (90) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on March 21, 1991.

    (i) Incorporation by reference.

    (A) Letter from the Maryland Department of Environment dated March 21, 1991 submitting a revision to the Maryland State Implementation Plan.

    (B) Recodified Maryland Regulations, revised effective August 1, 1988.

    (1) COMAR 26.11.01.01A. through J., L., O. through BB., DD. (except for “ammonium carbonates”); COMAR 26.11.01.02 through 26.11.01.09.

    (2) COMAR 26.11.02.01 through 26.11.02.03A.(6)(o), 26.11.02.03A.(7) through 26.11.02.09, 26.11.02.10A., 10E., 26.11.02.11A., .11B.(2)-(3), 11C., 26.11.02.12 through 26.11.02.16.

    (3) COMAR 26.11.03.01 through 26.11.03.03, 26.11.03.05 through 26.11.03.08.

    (4) COMAR 26.11.05—(Entire Chapter).

    (5) COMAR 26.11.06.03A.-.03C.; 26.11.06.05, 26.11.06A., .06C., .06D; 26.11.06.10, 26.11.06.11, 26.11.06.15, 26.11.06.16.

    (6) COMAR 26.11.07.01 through 26.11.07.04, 26.11.07.05A. (1), (2), 26.11.07.05A.(5) through .05A.(7), 26.11.07.05B (1), (2), (4), (5).

    (7) COMAR 26.11.09.01 through 26.11.09.04, 26.11.09.05B., 26.11.09.06 through 26.11.09.09.

    (8) COMAR 26.11.10—Entire chapter except for COMAR 26.11.10.03B.(3).

    (9) COMAR 26.11.11—Entire chapter except for COMAR 26.11.11.04A(1)-(4).

    (10) COMAR 26.11.12—Entire Chapter.

    (11) COMAR 26.11.13.01 (definitions of “external floating roof,” “gasoline,” “internal floating roof,” “liquid-mounted seal,” “metallic-type shoe seal,” “rim-mounted secondary seal,” “shoe mounted secondary seal,” “tank truck,” “vapor control system,” “vapor mounted seal”; 26.11.13.02 (except for .02C(3)), 26.11.13.03, 26.11.13.04B., 26.11.13.05.

    (12) COMAR 26.11.19.01A., 01B(2), (4), (5), .02A, .02B(1) (except for “low VOC adhesives”), .02B(2), (3), .02C(1), (2), .02D., .02E (except for all references to variables “C” and “D”), .02F(1), (2), (3) (except for “and”); 26.11.19.04 through 26.11.19.10, 26.11.19.13, 26.11.19.14.

    (13) COMAR 26.11.20—Entire Chapter except for COMAR 26.11.20.02.

    (ii) Additional materials.

    (A) Remainder of the March 21, 1991 State Submittal known as Maryland 91-01B.

    (91) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment—Air Management Administration on August 20, 1984, regarding a bubble for American Cyanamid in Havre de Grace, Maryland.

    (i) Incorporation by reference.

    (A) Letter from the Maryland Department of Health and Mental Hygiene—Air Management Administration (now known as the Maryland Department of the Environment—Air Management Administration) dated August 20, 1984 submitting a revision to the Maryland State Implementation Plan regarding a bubble for American Cyanamid.

    (B) Secretarial Order (By Consent) between American Cyanamid and the Maryland State Department of Health and Mental Hygiene—Air Management Administration (now known as the Maryland Department of the Environment—Air Management Administration) except for section 2, approved on August 2, 1984.

    (ii) Additional material.

    (A) Letter dated September 17, 1984 from Ronald E. Lipinski, MAMA, to James Topsale, EPA Region III, providing emissions information for the sources involved in the American Cyanamid bubble.

    (B) Public Hearing record for the May 23, 1984 public hearing.

    (C) Technical Support Document, prepared by Maryland, for American Cyanamid, including formulas to calculate bubble emissions.

    (92) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on December 15, 1987.

    (i) Incorporation by reference. (A) Letter from the Maryland Department of Environment dated December 15, 1987 submitting a revision to the Maryland State Implementation Plan.

    (B) Amendments to the Code of Maryland Air Regulations (COMAR) 10.18.03, State Adopted National Ambient Air Quality Standards and Guidelines limited to the amendment of 10.18.03.04, carbon monoxide and COMAR 10.18.06, General Emission Standards, Prohibitions, and Restrictions, limited to the amendment of 10.18.06.04, carbon monoxide in areas III and IV. The amendments to COMAR 10.18.03.04 and 10.18.06.04 were adopted by the Maryland Department of the Environment on November 4, 1987, and made effective on January 5, 1988.

    (93) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on December 30, 1987.

    (i) Incorporation by reference.

    (A) Letter from the Maryland Department of Environment dated December 15, 1987, submitting revisions to the Maryland State Implementation Plan.

    (B) Amendments to regulations 10.18.01 O-1, 10.18.02.03 H(3)(i), and 10.18.06.14 under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1980 and 1986. The amendments to COMAR 10.18.01 O-1, 10.18.02.03 H(3)(i), and 10.18.06.14 were effective on January 5, 1988 in the State of Maryland.

    (ii) Additional materials.

    (A) None.

    (94) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on March 8, 1989.

    (i) Incorporation by reference.

    (A) Letter from the Maryland Department of Environment dated March 1, 1989, submitting revisions to the Maryland State Implementation Plan.

    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9), and 26.11.06.14 (proposed as 10.18.01 O-1, 10.18.02.03 H(3)(i), and 10.18.06.14) under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1986 and 1987, thereby establishing the increment for NO2 and requiring sources to conduct an NO2 increment consumption analysis. The amendments to COMAR 26.11.01.01, 26.11.02.10 (C)(9), and 26.11.06.14 were effective on March 21, 1989 in the State of Maryland.

    (ii) Additional materials.

    (A) None.

    (95) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on March 28, 1991.

    (i) Incorporation by reference.

    (A) Letter from the Maryland Department of Environment dated March 21, 1991 submitting revisions to the Maryland State Implementation Plan.

    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1987 and 1989. The amendments to COMAR 26.11.01.01, and 26.11.06.14 were effective on March 31, 1991 in the State of Maryland. The amendments to 26.11.02.10 (C)(9) were effective on May 8, 1991 in the State of Maryland.

    (ii) Additional materials.

    (A) None.

    (96) Revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on April 3, 1992.

    (i) Incorporation by reference.

    (A) Letter from the Maryland Department of Environment dated March 27, 1992 submitting revisions to the Maryland State Implementation Plan.

    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1989 and 1990. The amendments to COMAR 26.11.01.01 and 26.11.06.14 were effective on February 17, 1992 in the State of Maryland.

    (ii) Additional materials.

    (A) Remainder of April 3, 1992, State submittal.

    (97) Revisions to the State Implementation Plan submitted on June 14, 1989, by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of June 14, 1989, from the Maryland Department of the Environment transmitting a revision to a Maryland State Implementation Plan.

    (B) Revision to COMAR 26.11.01.01E (Definition of “Control Officer”), effective June 20, 1989.

    (ii) Additional material.

    (A) Remainder of the June 14, 1989 State submittal.

    (98) Revisions to the Maryland State Implementation Plan submitted on April 5, 1991, and amended on January 18, 1993, by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letters of April 5, 1991, and January 18, 1993, from the Maryland Department of the Environment transmitting additions and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) The addition of COMAR 26.11.19.15C (proposed as COMAR 10.18.19.15C), Standards for Adhesive Application, adopted by the Secretary of Health and Hygiene on June 10, 1987, effective August 10, 1987;

    (C) Amendments to COMAR 26.11.19.15C adopted by the Secretary of the Environment on March 9, 1991, effective May 8, 1991; and

    (D) Amendments to COMAR 26.11.19.15C(4) adopted by the Secretary of the Environment on January 18, 1992, effective February 15, 1993.

    (ii) Additional material.

    (A) Remainder of April 5, 1991, and January 18, 1993, State submittals pertaining to COMAR 26.11.19.15C, Standards for Adhesive Application.

    (B) Letter of April 17, 1992, from the Maryland Department of the Environment clarifying the intent of its April 5, 1991, letter transmitting revisions and additions to Maryland's State Implementation Plan.

    (C) Letter of July 10, 1992, from the Maryland Department of the Environment clarifying Maryland's intent regarding COMAR 26.11.19.15C(4) and stating that Maryland was working to correct the administrative error in COMAR 26.11.19.15C(4) contained in the April 5, 1991, submittal.

    (99) Revisions to the Maryland regulations for particulate matter (PM-10) submitted on March 1, 1989, by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of March 1, 1989, from the Department of the Environment transmitting a revision to the Maryland State implementation plan for particulate matter (PM-10) Group III areas.

    (B) COMAR 10.18.01 (General Administrative Provisions), COMAR 10.18.02 (Permits, Approvals, and Registration), COMAR 10.18.03 (State-Adopted National Ambient Air Quality Standards and Guidelines), COMAR 10.18.05 (Air Pollution Episode System), and COMAR 10.18.06 (General Emission Standards, Prohibitions, and Restrictions) as published in the Maryland Register on February 10, 1989. The regulations were adopted on January 20, 1989, and became effective on March 21, 1989.

    (ii) Additional materials.

    (A) Remainder of the State implementation plan revision request submitted by the Maryland Department of the Environment on March 1, 1989.

    (100) Revisions to the Code of Maryland Administrative Regulations (COMAR) submitted on June 7, 1990, by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of June 7, 1990, from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan.

    (B) The following revised regulations to COMAR 26.11.05 (Air Pollution Episode Plans), effective June 18, 1990: 26.11.05.01A., .01B., .01H., and .01J.; 26.11.05.02B., .02C.; 26.11.05.03A., 03B., 03D.; 26.11.05.05A., 05B., 05C., and .05D. Deletion of the definition “coefficient of haze.”

    (ii) Additional material.

    (A) Remainder of the June 7, 1990, State submittal.

    (101) Revisions to the State of Maryland Regulations Oxygenated Gasoline Program regulations submitted on November 13, 1992, by the Maryland Department of the Environment. Effective date October 26, 1992.

    (i) Incorporation by reference.

    (A) Letter of November 13, 1992, from the Maryland Department of the Environment transmitting Oxygenated Gasoline Program regulations.

    (B) The following State of Maryland regulations effective October 26, 1992:

    (1) Amendments to COMAR 26.11.13.01 (Control of Gasoline and Volatile Organic Compound Storage and Handling).

    (2) Deletion of Regulation .06 under COMAR 26.11.13 (Control of Gasoline and Volatile Organic Compound Storage and Handling).

    (3) New Regulation COMAR 26.11.20.03 (Mobile Sources).

    (4) COMAR 03.03.05.01, .01-1, .02-1, .05, .08, and .15 (Motor Fuel Inspection).

    (5) COMAR 03.03.06.01 through .06 (Emissions Control Compliance).

    (ii) The remainder of the November 13, 1992, submittal.

    (102) Revisions to the Maryland State Implementation Plan submitted on April 5, 1991 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of April 5, 1991 from the Maryland Department of the Environment transmitting addition, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of Health and Hygiene on June 10, 1987, effective August 10, 1987:

    (1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B), pertaining to control of Volatile organic compounds from installations.

    (2) Addition of new section COMAR 26.11.06.06E, (proposed as 10.18.06.06E), exemptions.

    (3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR 10.18.21.01B), including the addition of the definitions for the terms adhesive and exempt solvent, the renumbering of all definitions.

    (4) Amendments to COMAR 26.11.19.02B-F, (proposed as COMAR 10.18.21.02B-F), pertaining to compliance methods, methods of assessing compliance, test methods, computations, and reporting.

    (5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR 10.18.21.10B), pertaining to applicability and exemptions for graphic arts sources.

    (6) Amendments to COMAR 26.11.19.13, (proposed as COMAR 10.18.21.13), pertaining to miscellaneous metal coating.

    (7) Addition of new section COMAR 26.11.19.15A (proposed as 10.18.21.15A), definition of terms.

    (8) Addition of new section COMAR 26.11.19.15B (proposed as 10.18.21.15B), standards for paint, resin and adhesive manufacturing.

    (C) Amendments to COMAR 26.11.19.12 (proposed as COMAR 10.18.21.12), pertaining to dry cleaning installations, including the addition of new sections E and F, pertaining to equipment specifications, emission standards, and compliance determinations for petroleum solvent dry cleaning installations, adopted by the Secretary of the Environment on April 21, 1989, effective June 20, 1989.

    (D) Amendments to COMAR 26.11.19.12B-F, pertaining to applicability, exemptions, equipment specifications, emission standards, and compliance determinations for perchloroethylene and petroleum solvent dry cleaning installations, adopted by the Secretary of the Environment on May 17, 1990, effective July 16, 1990.

    (E) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on March 9, 1991, effective May 8, 1991:

    (1) Amendments to COMAR 26.11.01.01, including the addition of definitions for the terms actual emissions, allowable emissions, potential to emit, premises, and reasonably available control technology (RACT); deletion of the definition for the term Ringelmann Smoke Chart; amendments to definitions for the terms New Source Impacting on a Non-Attainment Area (NSINA) and volatile organic compound (VOC); and renumbering of all definitions.

    (2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to permits to construct or modify for motor vehicle gasoline storage tanks.

    (3) The addition of new section COMAR 26.11.06.01, definitions for the terms installation and process line.

    (4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to applicability, control, and exemptions for sources of volatile organic compounds.

    (5) The deletion of existing COMAR 26.11.13, pertaining to gasoline and volatile organic compound storage and handling.

    (6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06, pertaining to definitions, applicability, and exemptions for gasoline and volatile organic compounds storage and handling, large storage tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure.

    (7) Amendments to COMAR 26.11.19.01B, addition of the definition for the term transfer efficiency, amendments to the definition for the term coating.

    (8) Amendments to COMAR 26.11.19.02A-F, pertaining to applicability, compliance methods, methods of assessing compliance, test methods, computations, and reporting for volatile organic compound regulations.

    (9) Amendments to COMAR 26.11.19.07, the addition of new section B and revisions to new section C (former section B), pertaining to paper, fabric, and vinyl coating.

    (10) Amendments to COMAR 26.11.19.10A, the deletion of definitions for the terms high velocity hot-air dryer, letterpress methods, lithographic methods, and roll printing; revisions to the definition for the term web printing; and renumbering of all definitions.

    (11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic arts, including the deletion of existing section C and the addition of new section C.

    (12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining to sheet-fed paper and plastic parts coating, including definitions for the terms fountain, letterpress printing, lithographic printing, plastic parts coating, and sheet-fed coating.

    (13) Amendments to COMAR 26.11.19.13B and C, pertaining to miscellaneous metal coating.

    (14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized pharmaceutical products.

    (15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint, resin, and adhesive manufacturing, including revisions to definitions for the terms adhesive application, resin thin down tank, specialty footwear manufacturing, specialty spiral tube winding, spiral tube winding, and spiral wound tube impregnating and curing, the deletion of the definition for the term honeycomb core installation, and the renumbering of all definitions.

    (ii) Additional material.

    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E, 26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06, 26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C, 26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B.

    (B) Letter of April 17, 1992 from the Maryland Department of the Environment clarifying the intent of its April 5, 1991 letter transmitting additions, deletions, and revisions to Maryland's State Implementation Plan.

    (C) Letter of October 18, 1993 from the Maryland Department of the Environment formally withdrawing revisions to COMAR 26.11.19.11D and E, pertaining to lithographic printing, from consideration as revisions to Maryland's State Implementation Plan.

    (103) Revisions to the Maryland State Implementation Plan submitted on September 20, 1991 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of September 20, 1991 from the Maryland Department of the Environment transmitting addition, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on July 24, 1991, effective August 19, 1991:

    (1) Amendments to COMAR 26.11.01.01DD, the definition for the term volatile organic compound.

    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test methods, including the addition of a: reference to 40 CFR part 60; and Methods 1000, 1002, and 1003 and Appendixes A and B, contained in “Technical Memorandum 91-01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991).

    (3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions for large storage tanks.

    (4) Amendments to COMAR 26.11.19.02D(2), pertaining to test methods.

    (5) Amendments to COMAR 26.11.19.07A, including amendments to the definition for the term paper coating, and the addition of definitions for the terms sheet-fed paper coating and ultraviolet curable coating, and the renumbering of definitions.

    (6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed paper coating.

    (7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR 26.11.19.11C, pertaining to plastic coating.

    (8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to compliance determinations for petroleum solvent dry cleaning installations.

    (9) Addition of new COMAR 26.11.19.16, pertaining to volatile organic compound equipment leaks.

    (ii) Additional material.

    (A) Remainder of the September 20, 1991 State submittal pertaining to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 1000, 1002, and 1003 contained in “Technical Memorandum 91-01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR 26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR 26.11.19.12F(3) and (4), and COMAR 26.11.19.16.

    (104) Revisions to the Maryland State Implementation Plan submitted on April 2, 1992 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of April 2, 1992 from the Maryland Department of the Environment transmitting addition, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on January 20, 1992, effective February 17, 1992:

    (1) Amendments to COMAR 26.1.01.01DD, the definition for the term volatile organic compound.

    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test methods, including the addition of Methods 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to “Technical Memorandum 91-01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991), and revisions to Method 1000 and Appendixes A and B contained in Supplement 1.

    (3) Amendments to COMAR 26.11.19.02D, pertaining to test methods for coatings and adhesives containing volatile organic compounds.

    (4) Amendments to COMAR 26.11.19.09B, pertaining to emission standards for volatile organic compound metal cleaning.

    (5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to compliance determinations for petroleum solvent dry cleaning installations.

    (ii) Additional material.

    (A) Remainder of the April 2, 1992 State submittal pertaining to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 1002, 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to “Technical Memorandum 91-01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991), COMAR 26.11.19.02D, COMAR 26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).

    (105) Revisions to the Maryland State Implementation Plan submitted on January 18, 1993 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of January 18, 1993 from the Maryland Department of the Environment transmitting addition, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on January 18, 1993, effective February 15, 1993:

    (1) Amendments to COMAR 26.11.01.04C, pertaining to emission test methods, including the addition of Methods 1009, 1011, and 1012 contained in Supplement 2 (July 1, 1992) to “Technical Memorandum 91-01, Test Methods and Equipment Specifications for Stationary Sources” (January 1991), and revisions to Method 1003 and Appendix B contained in Supplement 2.

    (2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to compliance determinations for tank trucks.

    (3) Amendments to COMAR 26.11.19.07A(4), the definition for the term ultraviolet curable coating.

    (ii) Additional material.

    (A) Remainder of the January 18, 1993 State submittal pertaining to COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012 contained in Supplement 2 (July 1, 1992) to “Technical Memorandum 91-01, Test Methods and Equipment Specifications for Stationary Sources (January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR 26.11.19.07A(4).

    (106) Revisions to the Maryland Regulations submitted on September 18, 1991 by the Maryland Department of the Environment.

    (i) Incorporation by reference.

    (A) Letter of September 18, 1991 from the Maryland Department of the Environment transmitting the continuous emission monitoring revision.

    (B) Definition amendments to Code of Maryland Administrative Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new regulations COMAR 26.11.01.10 Continuous Emission Monitoring Requirements, concerning continuous opacity monitoring, effective July 22, 1991.

    (ii) Additional materials.

    (A) Remainder of September 23, 1991 State submittal.

    (107) Revisions to the Maryland State Implementation Plan submitted on January 18, 1993, by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of January 18, 1993, from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) The addition of COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing Facilities, adopted by the Secretary of the Environment on January 18, 1993, effective February 15, 1993.

    (ii) Additional material.

    (A) Remainder of the January 18, 1993, State submittal pertaining to COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing Facilities.

    (108) Revisions to the Code of Maryland Administrative Regulations (COMAR) submitted on March 30, 1987 by the Maryland Department of Health and Mental Hygiene:

    (i) Incorporation by reference.

    (A) Letter of March 30, 1987 from the Maryland Department of Health and Mental Hygiene transmitting revisions to the Maryland State Implementation Plan (SIP).

    (B) Revised COMAR 10.18.02.03H. (Action on an Application for a Permit and for Approval of a PSD Source or NSINA) (currently COMAR 26.11.02.10C.), effective March 24, 1987.

    (ii) Additional material.

    (A) Remainder of the March 30, 1987 State submittal pertaining to COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.).

    (109) Revisions to the State of Maryland Regulations State Implementation Plan submitted on November 13, 1992 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of November 13, 1992 from Maryland Department of the Environment transmitting a revised regulation to require major sources of volatile organic compounds and oxides of nitrogen, Statewide, to certify their emissions annually.

    (B) Revisions to Title 26, COMAR 26.11.01, specifically to amend regulation .01, and to add regulation .05-1. Effective on December 7, 1992.

    (ii) Additional material.

    (A) Remainder of December 7, 1992 State submittal.

    (110) Revisions to the Maryland State Implementation Plan submitted on April 5, 1991 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of April 5, 1991 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) The addition of COMAR 26.11.13.04, pertaining to loading operations, adopted by the Secretary of the Environment on March 9, 1991, effective May 8, 1991.

    (ii) Additional material.

    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 26.11.13.04, loading operations.

    (111) Revisions to the Maryland State Implementation Plan submitted on April 2, 1992 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of April 2, 1992 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11.

    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test procedures for bulk gasoline terminals, adopted by the Secretary of the Environment on January 20, 1992, effective February 17, 1992.

    (ii) Additional material.

    (A) Remainder of April 2, 1992 State submittal pertaining to COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.

    (112) Revisions to the Maryland State Implementation Plan submitted on January 18, 1993 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of January 18, 1993 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11.

    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test procedures for bulk gasoline terminals, adopted by the Secretary of the Environment on January 18, 1993, effective February 15, 1993.

    (ii) Additional material.

    (A) Remainder of January 18, 1993 State submittal pertaining to COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.

    (113) Revisions to the Maryland State Implementation Plan submitted on June 8, 1993 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of June 8, 1993 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11.

    (B) The following revisions to the provisions of COMAR 26.11, adopted by the Secretary of the Environment on March 26, 1993, effective April 26, 1993:

    (1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt paving.

    (2) Amendments to COMAR 26.11.13.01B(1), the definition for the term bulk gasoline plant.

    (3) Amendments to COMAR 26.11.13.02, pertaining to applicability and exemptions.

    (4) Amendments to COMAR 26.11.13.04, pertaining to loading operations.

    (5) The addition of new COMAR 26.11.13.07, pertaining to plans for compliance.

    (6) Amendments to COMAR 26.11.19.01B(4), the definition for the term major stationary source of VOC.

    (7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to applicability, reporting and recordkeeping, and plans for compliance, respectively.

    (8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts.

    (ii) Additional material.

    (A) Remainder of June 8, 1993 State submittal pertaining to COMAR 26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR 26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR 26.11.19.02A, F, and H, and COMAR 26.11.19.10.

    (114) Revisions to the Maryland State Implementation Plan submitted on July 19, 1993 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 19, 1993 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11.

    (B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline terminals, adopted by the Secretary of the Environment on June 25, 1993, effective July 19, 1993.

    (ii) Additional material.

    (A) Remainder of July 19, 1993 State submittal pertaining to COMAR 26.11.13.04A, bulk gasoline terminals.

    (115)-(116)[Reserved]

    (117) The carbon monoxide redesignation request and maintenance plan for the Baltimore Carbon Monoxide nonattainment area, submitted by the Maryland Department of the Environment on September 20, 1995, as part of the Maryland SIP. The emission inventory projections are included in the maintenance plan.

    (i) Incorporation by reference.

    (A) Letter of September 20, 1995 from the Maryland Department of the Environment requesting the redesignation and submitting the maintenance plan.

    (B) The ten year carbon monoxide maintenance plan for the Baltimore Carbon Monoxide nonattainment area adopted on August 31, 1995.

    (ii) Additional material.

    (A) Remainder of September 20, 1995 State submittal.

    (118) The carbon monoxide redesignation and maintenance plan for the Counties of Montgomery and Prince George, Maryland submitted by the Maryland Department of the Environment on October 12, 1995, as part of the Maryland SIP. The emission inventory projections are included in the maintenance plan.

    (i) Incorporation by reference.

    (A) Letter of October 12, 1995 from the Maryland Department of the Environment requesting the redesignation and submitting the maintenance plan.

    (B) Maintenance Plan for the Maryland portion of the Metropolitan Washington Carbon Monoxide Nonattainment Area adopted on September 20, 1995.

    (ii) Additional material.

    (A) Remainder of October 12, 1995 State submittal.

    (119) Revisions to the Code of Maryland Administrative Regulations for prevention of significant deterioration submitted on July 17, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 17, 1995 from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan.

    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and 26.11.06.14 under the Code of Maryland Administrative Regulations (COMAR) revising Maryland's prevention of significant deterioration program to incorporate changes to 40 CFR 52.21 made between 1992 and 1993. The amendments were effective on May 8, 1995 in the State of Maryland.

    (ii) Additional material.

    (A) Remainder of July 17, 1995 State of Maryland submittal.

    (120) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) The following amendments to COMAR 26.11.07, pertaining to open fires, adopted by the Secretary of the Environment on May 1, 1995, effective May 22, 1995:

    (1) the deletion of sections 26.11.07.01 A and B, definitions for the terms “hazardous material” and “I.I.A. standards.”

    (2) addition of new section 26.11.07.01B, “Terms Defined.”

    (3) addition of new sections 26.11.07.01B(1) and (2), definitions of the terms “excessive lodging” and “forest resource management practices.”

    (4) renumbering of old sections 26.11.07.01C & D, now new sections 26.11.07.01B(3) & (4).

    (5) amendments to section 26.11.07.02, pertaining to general provisions.

    (6) amendments to sections 26.11.07.03A, B, and B(1), pertaining to open fires authorized by control officers.

    (7) addition of new section 26.11.07.03C, “Prohibition on Open Burning.”

    (8) amendments to section 26.11.07.04, pertaining to open fires authorized by public officers, including the addition of new sections (4)—(7).

    (9) amendments to section 26.11.07.05, pertaining to open fires allowed without authorization.

    (ii) Additional material.

    (A) Remainder of July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.07.

    (121) Revisions to the Maryland State Implementation Plan submitted on July 17, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions, deletions, and revisions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Amendments to COMAR 26.11.19.02A, pertaining to once-in, always-in applicability provisions, consisting of revisions to COMAR 26.11.19.02A(3), and the addition of new COMAR 26.11.19.02A (4) and (5), adopted by the Secretary of the Environment on April 7, 1995, and effective on May 8, 1995.

    (C) Amendments to COMAR 26.11.19.01B, consisting of the addition of new COMAR 26.11.19.01B(1-1), the definition for the term “annual,” adopted by the Secretary of the Environment on April 7, 1995, effective on May 8, 1995.

    (ii) Additional material.

    (A) Remainder of July 17, 1995 Maryland State submittal pertaining to COMAR 26.11.19.02A(3)-(5) and COMAR 26.11.19.01B(1-1).

    (122) Revisions to the Maryland State Implementation Plan submitted on July 17, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 17, 1995 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, COMAR 26.11.

    (B) Addition of new COMAR 26.11.01.01B(20-I) and new COMAR 26.11.24.01B(9-I), definition of the term “motor vehicle,” adopted by the Secretary of the Environment on April 7, 1995, and effective on May 8, 1995.

    (ii) Additional material.

    (A) Remainder of July 17, 1995 Maryland State submittal pertaining to COMAR 26.11.01.01B(20-I) and COMAR 26.11.24.01B(9-I), definition of the term “motor vehicle.”

    (123) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound Metal Cleaning (entire regulation).

    (C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor Degreasing, adopted by the Secretary of the Environment on May 12, 1995, and effective on June 5, 1995, including the following:

    (1) Addition of new COMAR 26.11.19.09.A Definitions.

    (2) Addition of new COMAR 26.11.19.09.B Terms Defined, including definitions for the terms “cold degreasing,” “degreasing material,” “grease,” “halogenated substance,” “vapor degreasing,” and “VOC degreasing material.”

    (3) Addition of new COMAR 26.11.19.09.C Applicability.

    (4) Addition of new COMAR 26.11.19.09.D Requirements.

    (5) Addition of new COMAR 26.11.19.09.E Specifications for Cold Degreasing and Requirements for Vapor Degreasing.

    (6) Addition of new COMAR 26.11.19.09.F. Records.

    (ii) Additional material.

    (A) Remainder of July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor Degreasing.

    (124) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from Vehicle Refinishing, adopted by the Secretary of the Environment on May 1, 1995, and effective on May 22, 1995, including the following:

    (1) Addition of new COMAR 26.11.19.23A Definitions, including definitions for the terms “base coat/clear coat system,” “controlled air spray system,” “mobile equipment,” “multistage coating equipment,” “precoat,” “pretreatment,” “primer sealer,” “primer surfacer,” “specialty coating,” “topcoat,” and “vehicle refinishing.”

    (2) Addition of new COMAR 26.11.19.23B. Applicability and Exemptions.

    (3) Addition of new COMAR 26.11.19.23C. Coating Standards and General Conditions.

    (4) Addition of new COMAR 26.11.19.23D. Calculations.

    (5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty Coatings.

    (6) Addition of new COMAR 26.11.19.23F. Coating Application Equipment Requirements.

    (7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface Preparation Requirements

    (8) Addition of new COMAR 26.11.19.23H. Monitoring and Records.

    (ii) Additional material.

    (A) Remainder of July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.23 Vehicle Refinishing.

    (125) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Four letters dated July 12, 1995 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound (VOC) regulations in Maryland's air quality regulations, COMAR 26.11.

    (B) Regulations:

    (1) Addition of new COMAR 26.11.19.17 Control of VOC Emissions from Yeast Manufacturing, adopted by the Secretary of the Environment on October 14, 1994 and effective on November 7, 1994, revisions adopted by the Secretary of the Environment on May 12, 1995, and effective on June 5, 1995, including the following:

    (i) Addition of new COMAR 26.11.19.17.A Definitions, including definitions for the terms “fermentation batch,” “first generation fermenter,” “stock fermenter,” “trade fermenter,” and “yeast manufacturing installation.”

    (ii) Addition of new COMAR 26.11.19.17.B Applicability, Exemptions, and Compliance Date.

    (iii) Addition of new COMAR 26.11.19.17.C Requirements for Yeast Manufacturing Installations.

    (iv) Addition of new COMAR 26.11.19.17.D Determination of Compliance and Testing.

    (v) Addition of new COMAR 26.11.19.17.E Reporting Requirements.

    (vi) Amendment to COMAR 26.11.19.17.C(3), pertaining to limits for temperature and pH.

    (vii) Amendment to COMAR 26.11.19.17.D(3), pertaining to stack test dates.

    (2) Addition of new COMAR 26.11.19.18 Control of VOC Emissions from Screen Printing, adopted by the Secretary of the Environment on October 14, 1994 and effective on November 7, 1994, revisions adopted by the Secretary of the Environment on May 16, 1995 and effective on June 5, 1995, including the following:

    (i) Addition of new COMAR 26.11.19.18.A, including definitions for the terms “acid/etch resist ink,” “anoprint ink,” “back-up coating,” “clear coating,” “conductive ink,” “electroluminescent ink,” “exterior illuminated sign,” “haze removal,” “ink removal,” “maximum VOC content,” “plastic card manufacturing installation,” “plywood sign coating,” “screen printing,” “screen printing installation,” “screen reclamation,” “specialty inks.”

    (ii) Addition of new COMAR 26.11.19.18.B Applicability.

    (iii) Addition of new COMAR 26.11.19.18.C General Requirements for Screen Printing.

    (iv) Addition of new COMAR 26.11.19.18.D General Requirements for Plywood Sign Coating.

    (v) Addition of new COMAR 26.11.19.18.E General Requirements for Plastic Card Manufacturing Installations.

    (vi) Addition of new COMAR 26.11.19.18.F Control of VOC Emissions from the Use of Specialty Inks.

    (vii) Addition of new COMAR 26.11.19.18.G Control of VOC Emissions from Clear Coating Operations.

    (viii) Addition of new COMAR 26.11.19.18.H Control of VOC Emissions from Ink and Haze Removal and Screen Reclamation.

    (ix) Addition of new COMAR 26.11.19.18.I.

    (x) Addition of new COMAR 26.11.19.18.A(17), definition for the term “untreated sign paper.”

    (xi) Addition of new COMAR 26.11.19.18.C(2), replacing previous § C(2).

    (xii) Addition of new COMAR 26.11.19.18.C(3) Use of Control Devices.

    (xiii) Addition of new COMAR 26.11.19.18.E(2)(b), replacing previous § E(2)(b).

    (xiv) Addition of new COMAR 26.11.19.18.I Record Keeping, replacing the previous § I.

    (3) Addition of new COMAR 26.11.19.19 Control of VOC Emissions from Expandable Polystyrene Operations, adopted by the Secretary of the Environment on June 9, 1995, and effective on July 3, 1995, including the following:

    (i) Addition of new COMAR 26.11.19.19.A Definitions.

    (ii) Addition of new COMAR 26.11.19.19.B Terms Defined, including definitions for the terms “expandable polystyrene operation (EPO),” “blowing agent,” “preexpander,” “recycled expanded polystyrene,” and “reduced VOC content beads.”

    (iii) Addition of new COMAR 26.11.19.19.C Applicability.

    (iv) Addition of new COMAR 26.11.19.19.D General Requirements.

    (v) Addition of new COMAR 26.11.19.19.E Testing Requirements.

    (vi) Addition of new COMAR 26.11.19.19.F Record Keeping.

    (4) Addition of new COMAR 26.11.19.21, Control of VOC Emissions from Commercial Bakery Ovens, adopted by the Secretary of the Environment on June 9, 1995, and effective on July 3, 1995.

    (i) Addition of new COMAR 26.11.19.21.A Definitions.

    (ii) Addition of new COMAR 26.11.19.21.B Terms Defined, including definitions for the terms “commercial bakery oven,” “fermentation time,” “yeast percentage,” and “Yt value.”

    (iii) Addition of new COMAR 26.11.19.21.C Applicability and Exemptions.

    (iv) Addition of new COMAR 26.11.19.21.D General Requirements.

    (v) Addition of new COMAR 26.11.19.21.E Use of Innovative Control Methods.

    (vi) Addition of new COMAR 26.11.19.21.F Reporting and Testing Requirements.

    (ii) Additional material.

    (A) Remainder of July 12, 1995 Maryland State submittals pertaining to COMAR 26.11.19.21, .17, .18, and .19.

    (126) Revisions to the Maryland State Implementation Plan submitted on July 11, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 11, 1995 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Revision to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of the Environment on May 5, 1995, and effective on June 5, 1995, including the following:

    (1) Deletion of COMAR 26.11.19.11 title, “Other Miscellaneous Printing and Coating Processes” and addition of new title, “Lithographic Printing.”

    (2) Deletion of COMAR 26.11.19.11.A(4), definition for the term “plastic parts coating.”

    (3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts coating.

    (4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6) Applicability.

    (5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic Coating.

    (6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed Letter or Lithographic Printing.

    (7) Addition of new COMAR 26.11.19.11.D Requirements for Lithographic Web Printing.

    (8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning Printing Equipment.

    (9) Deletion of COMAR 26.11.19.10 title, “Graphic Arts” and addition of new title, “Flexographic and Rotogravure Printing.”

    (10) Deletion of COMAR 26.11.19.10.A(4), definition for the term “web printing.”

    (11) Addition of COMAR 26.11.19.01.B(8), definition for the term “web printing.”

    (ii) Additional Material.

    (A) Remainder of July 11, 1995 Maryland State submittal pertaining to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web Lithographic Printing.

    (127) Revisions to the Maryland State Implementation Plan submitted on July 11, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 11, 1995 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Revision to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating, adopted by the Secretary of the Environment on May 5, 1995, and effective on June 5, 1995, including the following:

    (1) Addition of COMAR 26.11.19.07.A(2-1), definition for the term “plastic parts coating.”

    (2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric and vinyl coating.

    (3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic Coating.

    (ii) Additional Material.

    (A) Remainder of July 11, 1995 Maryland State submittal pertaining to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.

    (128) Revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Revisions to COMAR 26.11.19.01B(4), definition of the term “Major stationary source of VOC,” adopted by the Secretary of the Environment on April 13, 1995, and effective on May 8, 1995.

    (ii) Additional material.

    (A) Remainder of the July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.01B(4), definition of the term “Major stationary source of VOC.”

    (129) Revisions to the State of Maryland Regulations COMAR 26.11.06.05—Sulfur Compounds from Other than Fuel Burning Equipment submitted on February 6, 1998 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting amendments to Code of Maryland Administrative Regulations (COMAR) 26.11.06.05—Sulfur Compounds from Other than Fuel Burning Equipment.

    (B) Revision to COMAR 26.11.06.05—Sulfur Compounds from Other than Fuel Burning Equipment, effective September 22, 1997 to replace the term “installations” with the term “equipment” throughout the regulation.

    (ii) Additional Material.—Remainder of February 8, 1998 submittal.

    (130) Revisions to the Maryland State Implementation Plan submitted on March 31, 1998 by the Maryland Department of the Environment.

    (i) Incorporation by reference.

    (A) Letter of March 31, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's air quality regulation COMAR 26.11.13, pertaining to the control of VOC emissions from sources that store and handle JP-4 jet fuel adopted by the Secretary of the Environment on March 28, 1997 and effective August 11, 1997.

    (B) Revisions to COMAR 26.11.13.01(B)(4) the definition of “gasoline.”

    (ii) Additional Material: Remainder of March 31, 1998 Maryland State submittal pertaining to COMAR 26.11.13 control of VOCs from sources that store and handle JP-4 jet fuel.

    (131) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to volatile organic compounds in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Revision to COMAR 26.11.19.12: Control of Volatile Organic Compound Emissions from Dry Cleaning Installations, adopted by the Secretary of the Environment on August 18, 1997, and effective on September 22, 1997, including the following:

    (1) Deletion of COMAR 26.11.19.12.B(1), pertaining to perchloroethylene dry cleaner installations applicability.

    (2) Deletion of COMAR 26.11.19.12.C, Equipment Specifications and Emission Standards—Perchloroethylene Dry Cleaning Installations.

    (3) Deletion of COMAR 26.11.19.12.D, Determination of Compliance—Perchloroethylene Dry Cleaning Installations.

    (ii) Additional Material—Remainder of February 6, 1998 State submittal pertaining to COMAR 26.11.19.12 Control of Volatile Organic Compound Emissions from Dry Cleaning Installations

    (132) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to volatile organic compounds in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Revision to COMAR 26.11.13.04: Control of Gasoline and Volatile Organic Compound Storage and Handling from Loading Operations, adopted by the Secretary of the Environment on July 18, 1997, and effective on August 11, 1997, including the following:

    (1) Deletion of COMAR 26.11.13.04.C(1)(b), pertaining to the applicability of this regulation to gasoline storage tanks with a capacity greater than 250 gallons and less than 2000 gallons.

    (2) Deletion of COMAR 26.11.13.04.C(2), Exemptions.

    (3) Deletion of COMAR 26.11.13.04.C(4), Effective Date of Stage I Requirement for Certain Sources.

    (ii) Additional material—Remainder of February 6, 1998 State submittal pertaining to COMAR 26.11.13.04 Control of Gasoline and Volatile Organic Compound Storage and Handling from Loading Operations.

    (133) Limited approval of revisions to the Maryland State Implementation Plan submitted on April 5, 1991 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of April 5, 1991 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Addition of COMAR 26.11.19.02G, Control of Major Sources of Volatile Organic Compounds, pertaining to major VOC source RACT requirements, adopted by the Secretary of the Environment on March 9, 1991 and effective on May 8, 1991.

    (ii) Additional Material.

    (A) Remainder of the April 5, 1991 Maryland State submittal pertaining to COMAR 26.11.19.02G.

    (134) Limited approval of revisions to the Maryland State Implementation Plan submitted on June 8, 1993 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of June 8, 1993 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Revisions to COMAR 26.11.06.06, Volatile Organic Compounds, pertaining to minor source VOC requirements, adopted by the Secretary of the Environment on March 26, 1993, and effective on April 26, 1993.

    (1) Amendments to COMAR 26.11.06.06A, Applicability.

    (2) Amendments to COMAR 26.11.06.06B, Control of VOC from Installations.

    (C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary Sources of Volatile Organic Compounds, pertaining to major VOC source RACT requirements, adopted by the Secretary of the Environment on March 26, 1993, and effective on April 26, 1993.

    (ii) Additional Material.

    (A) Remainder of the June 8, 1993 Maryland State submittal pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR 26.11.19.02G.

    (135) Limited approval of revisions to the Maryland State Implementation Plan submitted on July 12, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 12, 1995 from the Maryland Department of the Environment transmitting additions and deletions to Maryland's State Implementation Plan, pertaining to volatile organic compound regulations in Maryland's air quality regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.

    (B) Revisions to COMAR 26.11.19.02G, Control of Major Stationary Sources of Volatile Organic Compounds, pertaining to major VOC source RACT requirements, adopted by the Secretary of the Environment on April 13, 1995, and effective on May 8, 1995.

    (ii) Additional Material.

    (A) Remainder of the July 12, 1995 Maryland State submittal pertaining to COMAR 26.11.19.02G.

    (136) Revisions to the Maryland State Implementation Plan submitted on May 15, 1995 by the Maryland Department of the Environment.

    (i) Incorporation by reference.

    (A) Letter of May 15, 1995 from the Maryland Department of the Environment transmitting Maryland Regulation COMAR 26.11.26.03, regarding General Conformity, for approval as a SIP revision.

    (B) Maryland Regulation COMAR 26.11.26.03, effective June 5, 1995.

    (ii) Additional material—Remainder of the May 15, 1995 state submittal pertaining to General Conformity.

    (137) Revision to the Maryland State Implementation Plan submitted on April 7, 1998 by the Maryland Department of the Environment establishing reasonably available control technology (RACT) for two additional VOC source category under COMAR 26.11.19, “Volatile Organic Compounds from Specific Processes.”

    (i) Incorporation by reference.

    (A) Letter dated April 7, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's air quality regulation COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 1997 and effective August 11, 1997.

    (B) New regulations COMAR 26.11.19.22 “Control of Volatile Organic Compounds from Vinegar Generators”.

    (ii) Additional Material—Remainder of Maryland Department of the Environment's April 7, 1998 submittals pertaining to Vinegar Generators.

    (138) Revision to the Maryland State Implementation Plan submitted on April 7, 1998 by the Maryland Department of the Environment establishing reasonably available control technology (RACT) for an additional VOC source category under COMAR 26.11.19, “Volatile Organic Compounds from Specific Processes.”

    (i) Incorporation by reference.

    (A) Letter dated April 7, 1998 from the Maryland Department of the Environment transmitting revisions to Maryland's air quality regulation COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 1997 and effective August 11, 1997.

    (B) New regulation COMAR 26.11.19.24 “Control of Volatile Organic Compounds from Leather Coating Operations”.

    (ii) Additional Material—Remainder of Maryland Department of the Environment's April 7, 1998 submittals pertaining to Leather Coating Operations.

    (139) Revisions to the Maryland State Implementation Plan, submitted on August 28, 1998, by the Maryland Department of the Environment.

    (i) Incorporation by reference.

    (A) Letter of August 28, 1998, from the Maryland Department of the Environment transmitting additions to Code of Maryland Administrative Regulations (COMAR) 26.11.19 Volatile Orgranic Compounds from Specific Processes.

    (B) Addition of COMAR 26.11.19.26 Control of Volatile Organic Compounds from Reinforced Plastic Manufacturing, effective August 11, 1997.

    (ii) Additional Material: Remainder of August 28, 1998, State submittal pertaining to the addition of COMAR 26.11.19.26 Control of Volatile Organic Compounds from Reinforced Plastic Manufacturing to COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.

    (140) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.19, pertaining to the control of VOC emissions from automotive and light-duty truck coating operations.

    (B) Revised COMAR 26.11.19.03, effective September 22, 1997.

    (ii) Additional Material—Remainder of the February 6, 1998 State submittal [Revision No. 98-01].

    (141) Revisions to the Maryland State Implementation Plan submitted on August 28, 1998 by the Maryland Department of the Environment.

    (i) Incorporation by reference.

    (A) Letter of August 28, 1998 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.19 pertaining to the control of VOCs from special processes. The revision adds a new regulation at COMAR 26.11.19.25 for the control of VOC compounds from explosives and propellant manufacturing adopted by the Secretary of the Environment on July 15, 1997 and effective August 11, 1997.

    (B) Revisions to COMAR 26.11.19 entitled Volatile Organic Compounds from Specific Processes: The addition of new regulation COMAR 26.11.19.25 Control of Volatile Organic Compounds from Explosives and Propellant Manufacturing.

    (ii) Additional Material: Remainder of August 28, 1998 Maryland State submittal pertaining to COMAR 26.11.19.25 to control VOCs from sources that manufacture explosives and propellants.

    (142) Revisions to the Maryland State Implementation Plan submitted on February 10, 1999 and February 12, 1999 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Three letters dated February 10, 1998 and one letter dated February 12, 1999 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, pertaining to volatile organic compound (VOC) regulations in Maryland's air quality regulations, COMAR 26.11.

    (B) Regulations:

    (1) Addition of new COMAR 26.11.19.07-1: Control of VOC Emissions from Solid Resin Decorative Surface Manufacturing, adopted by the Secretary of the Environment on May 20, 1998 and effective on June 15, 1998, including the following:

    (i) Addition of new COMAR 26.11.19.07-1.A Definitions, including definitions for the terms “particle plant operation,” “related operations,” “shaped goods plant,” and “solid resin decorative surface (SRDS) operation.”

    (ii) Addition of new COMAR 26.11.19.07-1.B Applicability.

    (iii) Addition of new COMAR 26.11.19.07-1.C General Requirements for SRDS Operations.

    (iv) Addition of new COMAR 26.11.19.07-1.D General Requirements for Particle Plant Operations.

    (v) Addition of new COMAR 26.11.19.07-1.E General Requirements for Shaped Goods Plants.

    (vi) Addition of new COMAR 26.11.19.07-1.F General Requirements for Related Operations.

    (vii) Addition of new COMAR 26.11.19.07-1.G Additional Requirements for VOC Storage Tanks.

    (viii) Addition of new COMAR 26.11.19.07-1.H Reporting and Record-Keeping Requirements.

    (2) Addition of new COMAR 26.11.19.13-2: Control of VOC Emissions from Brake Shoe Coating Operations, adopted by the Secretary of the Environment on August 4, 1998 and effective on August 24, 1998, including the following:

    (i) Addition of new COMAR 26.11.19.13-2.A Definitions.

    (ii) Addition of new COMAR 26.11.19.13-2.B Terms Defined, including definitions for the terms “brake caliper rust preventive coating,” and “brake shoe coating operation.”

    (iii) Addition of new COMAR 26.11.19.13-2.C Applicability.

    (iv) Addition of new COMAR 26.11.19.13-2.D General Coating Requirements.

    (v) Addition of new COMAR 26.11.19.18.E Equipment Cleanup.

    (vi) Addition of new COMAR 26.11.19.13.B(3)(e) and (f), exempting brake shoe coating and structural steel coating operations from Miscellaneous Metal Coatings.

    (3) Addition of new COMAR 26.11.19.13-3: Control of Volatile Organic Compounds from Structural Steel Coating Operations, adopted by the Secretary of the Environment on June 5, 1998, and effective on June 29, 1998, including the following:

    (i) Addition of new COMAR 26.11.19.13-3.A Definitions, including definitions for the terms “controlled air spray system,” “dip coating operation,” “protective coating,” and “structural steel coating operation.”

    (ii) Addition of new COMAR 26.11.19.13-3.B Applicability.

    (iii) Addition of new COMAR 26.11.19.13-3.C Coating Requirements.

    (iv) Addition of new COMAR 26.11.19.13-3.D Cleanup Requirements.

    (4) Revision to COMAR 26.11.19.18: Control of VOC Emissions from Screen Printing and Digital Imaging, adopted by the Secretary of the Environment on August 4, 1998, and effective on August 24, 1998, including the following:

    (i) Addition of new COMAR 26.11.19.18.A(5-1), definition for the term “digital imaging.”

    (ii) Deletion of existing COMAR 26.11.19.18.B-I.

    (iii) Addition of new COMAR 26.11.18.21.B Applicability.

    (iv) Addition of new COMAR 26.11.18.21.C General Requirements for Screen Printing.

    (v) Addition of new COMAR 26.11.18.21.D General Requirements for Plywood Sign Coating.

    (vi) Addition of new COMAR 26.11.18.21.E General Requirements for Plastic Card Manufacturing.

    (vii) Addition of new COMAR 26.11.19.18.F General Requirements for Digital Imaging.

    (viii) Addition of new COMAR 26.11.19.18.G Record Keeping.

    (ii) Additional Material.

    (A) Remainder of February 10, 1999 and February 12, 1999 Maryland State submittals pertaining to COMAR 26.11.19.07-1, .13-2, .13-3, and .18.

    (143) Revisions to the Code of Maryland Air Regulations (COMAR) 26.11.01.01 and 26.11.09.01, and limited approval of revisions to COMAR 26.11.09.08, submitted on June 8, 1993 and July 11, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of June 8, 1993 from the Maryland Department of the Environment transmitting COMAR 26.11.09.08, Control of NOX Emissions from Major Stationary Sources and amendments to COMAR 26.11.09.01, Definitions.

    (B) COMAR 26.11.09.08, Control of NOX Emissions from Major Stationary Sources, effective on May 10, 1993, replacing the existing COMAR 26.11.09.08.

    (C) Amendment to COMAR 26.11.09.01, Definitions, effective on May 10, 1993.

    (D) Letter of July 11, 1995 from the Maryland Department of the Environment transmitting amendments to COMAR 26.11.09.08, Control of NOX Emissions from Major Stationary Sources, amendments to COMAR 26.11.01.01, Definitions and COMAR 26.11.09.01, Definitions.

    (E) Amendments to COMAR 26.11.09.08, Control of NOX Emissions from Major Stationary Sources, effective on June 20, 1994 and May 8, 1995.

    (F) Amendment to COMAR 26.11.01.01, Definitions, effective on June 20, 1994.

    (G) Amendments to COMAR 26.11.09.01, Definitions, effective on June 20, 1994 and on May 8, 1995.

    (ii) Additional material.

    (A) Remainder of June 8, 1993 and July 11, 1995 State submittals.

    (B) Letter of October 29, 1998 from the Maryland Department of the Environment agreeing to meet certain conditions by no later than 12 months after July 22, 1999.

    (144) Revisions to the Maryland State Implementation Plan submitted by the Maryland Department of the Environment on July 10, 1995, March 27, 1996, and September 25, 1998 as supplemented on May 25, 1999:

    (i) Incorporation by reference.

    (A) Letter of July 10, 1995, from the Maryland Department of the Environment transmitting an Enhanced Vehicle Emissions Inspection Program.

    (B) Regulations for the Vehicle Emissions Inspection Program COMAR 11.14.08. adopted by the Secretary of the Environment on August 1, 1994, effective January 2, 1995:

    (1) COMAR 11.14.08.01 through COMAR 11.14.08.02, inclusive.

    (2) COMAR 11.14.08.03A.

    (3) COMAR 11.14.08.03A(1).

    (4) COMAR 11.14.08.03A(2) except the word “federal,” in the first line.

    (5) COMAR 11.14.08.03B.

    (6) COMAR 11.14.08.04.

    (7) COMAR 11.14.08.05, section A.

    (8) COMAR 11.14.08.05 sections B(1) through (7), inclusive.

    (9) COMAR 11.14.08.05 sections C. through F., inclusive.

    (10) COMAR 11.14.08.06 through COMAR 11.14.08.42, inclusive.

    (C) Letter of March 27, 1996, from the Maryland Department of the Environment transmitting amendments to the Enhanced Vehicle Emissions Inspection Program.

    (D) Letter of September 25, 1998, from the Maryland Department of the Environment transmitting amendments to the Enhanced Vehicle Emissions Inspection Program.

    (E) The following revisions to the provisions of COMAR 11.14.08 adopted by the Secretary of the Environment on November 21, 1996, effective December 16, 1996:

    (1) Amendments to COMAR 11.14.08.03B.

    (2) The addition of a new COMAR 11.14.08.03C.

    (3) Amendments to COMAR 11.14.08.05B(4).

    (4) Amendments to COMAR 11.14.08.06D(7).

    (5) Renumbering COMAR 11.14.08.09A to .09B, .09B to .09C, .09C to .09D and .09D to. 09E, .09E to .09F, and .09F to .09G.

    (6) The addition of a new COMAR 11.14.08.09A, A(1) and A(3).

    (7) Amendments to COMAR 11.14.08.09B(1), B(1)(a), B(1)(b), B(2), B(3), B(3)(a), B(3)(b) and B(4).

    (8) Amendments to COMAR 11.14.08.09E.

    (9) The addition of a new COMAR 11.14.08.09-1 except the phrase “and, to the extent allowed by federal law, a vehicle owned by the federal government” in section COMAR 11.14.08.09-1A.

    (10) Renumbering COMAR 11.14.08.06B(3) to B(4), B(4) to B(5), B(5) to B(6), and B(6) to B(7).

    (11) Creation of a new COMAR 11.14.08.06B(3) from the last two sentences of COMAR 11.14.08.06B(2).

    (12) Amendments to COMAR 11.14.08.10B(3).

    (13) Amendments to COMAR 11.14.08.10C.

    (14) Deletion of COMAR 11.14.08.10C(1), C(1)(a) through C(1)(c), inclusive, and C(2).

    (15) Renumbering COMAR 11.14.08.10C(2)(a) to C(1), C(2)(b) to C(2), C(2)(c) to C(3), C(2)(d) to C(4), C(2)(e) to C(5), and C(2)(f) to C(6).

    (16) The addition of a new COMAR 11.14.08.11-1 except the phrase “and, to the extent allowed by federal law, a vehicle owned by the federal government” in section COMAR 11.14.08.11-1A.

    (17) Amendments to COMAR 11.14.08.12A.

    (18) Deletion of COMAR 11.14.08.12A(1) through .12A(6), inclusive.

    (19) Amendments to COMAR 11.14.08.12B(1).

    (20) Amendments to COMAR 11.14.08.29A(2).

    (21) Amendments to COMAR 11.14.08.30D(2).

    (22) Amendments to COMAR 11.14.08.32A.

    (23) Amendments to COMAR 11.14.08.32B(5).

    (24) Amendments to COMAR 11.14.08.42.

    (F) The following revisions to the provisions of COMAR 11.14.08 adopted by the Secretary of the Environment on September 16, 1998, effective October 19, 1998:

    (1) Amendments to COMAR 11.14.08.02B(40), B(40(a), and B(40)(b).

    (2) Deletion of COMAR 11.14.08.03C.

    (3) Addition of a new COMAR 11.14.08.03C and .03D.

    (4) Amendments to COMAR 11.14.08.06A(2).

    (5) Amendments to COMAR 11.14.08.06A(3)(k), (p), (q) and (r).

    (6) Renumbering COMAR 11.14.08.06A(3)(s) and (t) to COMAR 11.14.08.06A(3)(t) and (u), respectively.

    (7) The addition of a new COMAR 11.14.08.06A(3)(s).

    (8) Amendment of COMAR 11.14.08.06D(7).

    (9) Addition of a new COMAR 11.14.08.07C.

    (10) Amendments to COMAR 11.14.08.09A.

    (11) Deletion of COMAR 11.14.08.09A(1) through .09A(3), inclusive.

    (12) Addition of a new COMAR 11.14.08.09A(1).

    (13) Addition of a new COMAR 11.14.08.09A(2), A(2)(a) and A(2)(b).

    (14) Amendments to COMAR 11.14.08.09B, B(1), B(1)(a) and B(1)(a)(i).

    (15) Amendments to COMAR 11.14.08.09B(1)(b).

    (16) Amendments to COMAR 11.14.08.09B(2) and B(2)(a).

    (17) Amendments to COMAR 11.14.08.09B(3).

    (18) Amendments to COMAR 11.14.08.09B(3)(a) and (b).

    (19) Amendments to COMAR 11.14.08.09A(4).

    (20) Amendments to COMAR 11.14.08.09A(4)(a).

    (21) Renumbering of COMAR 11.14.08.09E to .09F, .09F to .09G, and .09G to .09H.

    (22) Reservation with notes of COMAR 11.14.08.09C and .09D,

    (23) Addition with a note of a new reserved COMAR 11.14.08.09E.

    (24) Amendments to COMAR 11.14.08.09F and .09G.

    (25) Amendments to COMAR 11.14.08.10B(1)(c) and B(1)(d).

    (26) Amendments to COMAR 11.14.08.10C(6)(b).

    (27) Renumbering of COMAR 11.14.08.11 to COMAR 11.14.08.11-1.

    (28) Addition of a new COMAR 11.14.08.11.

    (29) Amendments to COMAR 11.14.08.11-1, .11-1A(3), .11-1A(4), 11-1B, 11-1B(4) and 11-1B(5).

    (30) Reservation with a note of COMAR 11.14.08.11-1C.

    (31) Amendments to COMAR 11.14.08.11-1D(1) and 11-1D(2).

    (32) Amendment to COMAR 11.14.08.12.

    (33) Renumbering of COMAR 11.14.08.12B to .12C.

    (34) Reservation with a note of COMAR 11.14.08.12A.

    (35) Addition a new COMAR 11.14.08.12B and .12B(1).

    (36) Addition with a note of a new reserved COMAR 11.14.08.12B(2).

    (37) Amendments to COMAR 11.14.08.12C(1) and C(3).

    (38) Amendments to COMAR 11.14.08.15C(7)(c).

    (39) Amendments to COMAR 11.14.08.16.

    (40) Renumbering COMAR 11.14.08.16C to COMAR 11.14.08.16D.

    (41) Reservation with a note of COMAR 11.14.08.16A and .16B.

    (42) Addition with a note of a new reserved COMAR 11.14.08.16C.

    (43) Amendments to COMAR 11.14.08.16D.

    (44) Renumbering COMAR 11.14.08.22C to COMAR 11.14.08.22D.

    (45) Reservation with a note of COMAR 11.14.08.22A and .22B.

    (46) Addition with a note of a new reserved COMAR 11.14.08.22C.

    (47) Amendments to COMAR 11.14.08.27C(2).

    (48) The deletion of COMAR 11.14.08.27C(3).

    (49) Renumbering COMAR 11.14.08.27C(4) to COMAR 11.14.08.27C(3).

    (50) Amendments to COMAR 11.14.08.28A.

    (51) Amendments to COMAR 11.14.08.32A.

    (52) Amendments to COMAR 11.14.08.32B(5).

    (53) Amendments to COMAR 11.14.08.42.

    (G) Letter of May 25, 1999, from the Maryland Department of the Environment transmitting amendments to the Enhanced Vehicle Emissions Inspection Program.

    (ii) Additional material.

    (A) Remainder of the July 10, 1995, submittal;

    (B) Remainder of March 27, 1996, submittal;

    (C) Remainder of September 25, 1998, submittal; and

    (D) Remainder of May 25, 1999, submittal.

    (145) Revisions to the Maryland State Implementation Plan submitted on April 12, 1999, by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of April 12, 1999, from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to Regulation .15 under Code of Maryland Administrative Regulations (COMAR) 26.11.19 Volatile Organic Compounds from Specific Processes.

    (B) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive Manufacturing and Adhesive Application amending the definition found at COMAR 26.11.19.15 A(2) of the term “honeycomb core installation” to include other substrates. This revision was adopted on March 2, 1999 and effective on March 22, 1999.

    (C) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive Manufacturing and Adhesive Application clarifying the applicability of COMAR 26.11.19.15.C(4) General Emission Standard. This revision was adopted on April 9, 1998 and effective on May 4, 1998.

    (ii) Additional Material—Remainder of April 12, 1999 submittal pertaining to COMAR 26.11.19.15 Paint, Resin, and Adhesive Manufacturing and Adhesive Application.

    (146) Revisions to the Maryland Regulations, through the addition of COMAR 26.11.20.04, adopting the National Low Emission Vehicle Program. This revision was submitted on March 3, 1999 by the Maryland Department of the Environment, and was amended on March 24, 1999:

    (i) Incorporation by reference.

    (A) Letter of March 3, 1999 from the Maryland Department of the Environment transmitting a revision to the Maryland State Implementation Plan for a National Low Emission Vehicle program.

    (B) Letter of March 24, 1999 from the Maryland Department of the Environment revising Maryland's State Implementation Plan for a National Low Emission Vehicle program.

    (C) Maryland regulation COMAR 26.11.20.04, entitled “National Low Emission Vehicle Program”, effective March 22, 1999.

    (ii) Additional Material.—Remainder of March 3, 1999 and March 24, 1999 submittals pertaining to COMAR 26.11.20.04.

    (147) Revisions to the Maryland State Implementation Plan submitted on March 11, 1999, by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of March 11, 1999, from the Maryland Department of the Environment transmitting revisions to Maryland's State Implementation Plan, pertaining to Code of Maryland Administrative Regulations (COMAR) 26.11.19. Volatile Organic Compounds from Specific Processes at 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating.

    (B) Revision to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other Plastic Parts Coating to add at COMAR 26.11.19.07 F. “Emission Standards for Printing on Plastic Other than Vinyl.” This revision was adopted on August 6, 1997, and effective on September 8, 1997.

    (C) Revisions to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other Plastic Parts Coating, adopted August 4, 1998, and effective on August 24, 1998, including the following:

    (1) Revision to COMAR 26.11.19.07 B. “Applicability” at B (1) to delete previous text describing subject coating and printing operations and to add new text stating that the regulation applies to any coating or printing operation that it listed in and has VOC emissions equal to or greater than the applicability levels in subsection C. (2) and (3) of this regulation.

    (2) Revision to COMAR 26.11.19.07 C. to change the title from “Emission Standards for Web, Paper, Fabric, and Vinyl Coating” to “Emission Standards for Coating or Printing Installations.”

    (3) Revision to COMAR 26.11.19.07 C. (1) to delete text which specified installations by substrates and listed the associated emission standards, and to add text to refer to the installations and emission standards found in subsections C. (2) and (3) of this regulation.

    (4) Revision to COMAR 26.11.19.07 to add subsection C. (2) and (3) to list in tabular format subject installations, applicability thresholds, and VOC emission standards.

    (5) Revision to COMAR 26.11.19.07 to delete subsections E. D. and F. as their requirements are found in the new simplified table at COMAR 26.11.19.07 C (2) and (3).

    (ii) Additional Material—Remainder of March 11, 1999 submittal pertaining to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating.

    (148) Revisions to the Maryland State Implementation Plan submitted on June 8, 1993 and September 25, 2000 by the Maryland Department of the Environment.

    (i) Incorporation by Reference.

    (A) Letter dated June 8, 1993 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.01, 26.11.02, and 26.11.06, as well as a new COMAR 26.11.17.

    (B) The following provisions of COMAR 26.11.01.01 (General Administrative Provisions—Definitions), 26.11.02 (Permits, Approvals, and Registration), 26.11.06 (General Emission Standards, Prohibitions, and Restrictions), and 26.11.17 (Requirements for Major New Sources and Modifications), effective April 26, 1993:

    (1) Revised COMAR 26.11.01.01J (definition of “Modification”) [currently cited as COMAR 26.11.01.01B(20)].

    (2) New COMAR 26.11.01.01M-1 definition of “New Source Review Source” (NSR Source) [currently cited as COMAR 26.11.01.01B(24)], replacing COMAR 26.11.01.01L (“New Source Impacting on a Non-Attainment Area—NSINA”).

    (3) Revised COMAR 26.11.02.03A(1), .03B, .09A (introductory paragraph), 09A(5), .10C (introductory paragraph), .11A (introductory paragraph), .11A(3).

    (4) Revised COMAR 26.11.06.06E(1).

    (5) New COMAR 26.11.17.01A; .01B(1)(a), (b); .01B(2) through .01B(14); .01B(15)(a)[introductory paragraph only], (c), (d), (e)[except iii], (f); .01B(16) through (18); .02B through .02F; .03A; .03B(1), .03B(2), .03B(3)(a) through .03B(3)(d)[except introductory paragraph]; .03B(4); .03B(5); .03C; .03D; .05A; .05B(1); .05B(3). This rule replaces COMAR 26.11.06.11.

    (C) Letter dated September 25, 2000 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.17.

    (D) The following provisions of COMAR 26.11.17 (Requirements for Major New Sources and Modifications), effective October 2, 2000: .01B(1)(c); .01B(15)(a)(i), .01B(15)(a)(ii), .01B(15)(b), .01B(15)(e)(iii); .02A(1), .02A(2); .03B(3), .03B(5), .03B(6)[formerly .03B(5)], .04A(1), .04A(2), .04B, .04C(1), .04C(2); .05B(2).

    (149) Revisions to the Maryland Regulations related to use of pollution control devices in COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations submitted on July 17, 1995 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of July 17, 1995 from the Maryland Department of the Environment to Mr. Stanley Laskowski of EPA transmitting revisions to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations related to use of control equipment to meet visible emission limitations.

    (B) Revision to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations related to use of control equipment to meet visible emission limitations. Revisions were effective on May 8, 1995.

    (ii) Additional Material.—Remainder of July 17, 1995, submittal related to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations and the use of pollution control equipment to meet visible emission limitations.

    (150) Revisions to the Maryland Regulations related to visible emissions standards for iron and steel installations submitted on March 30, 1987 and December 15, 1987 by the Maryland Department of Health and Mental Hygiene (currently known as the Maryland Department of the Environment):

    (i) Incorporation by reference.

    (A) Letters of March 30, 1987 and December 15, 1987 from the Maryland Department of Health and Mental Hygiene (currently known as the Maryland Department of the Environment) transmitting revisions related to visible emissions standards for iron and steel installations.

    (B) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 26.11.10.03B(2)], effective March 24, 1987.

    (C) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 26.11.10.03B(2)], effective January 5, 1988.

    (ii) Additional Material. Remainder of the March 30, 1987 and December 15, 1987 submittals.

    (151) Revisions to the Maryland State Implementation Plan submitted on August 28, 1998, November 16, 1999 and March 20, 2000 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of August 28, 1998 from the Maryland Department of the Environment transmitting additions to the Maryland's State Implementation Plan pertaining to the Nitrogen Oxides Budget Program.

    (B) Letter of November 16, 1999 from the Maryland Department of the Environment transmitting additions to the Maryland's State Implementation Plan pertaining to the Nitrogen Oxides Budget Program.

    (C) Letter of March 20, 2000 from the Maryland Department of the Environment transmitting additions to the Maryland's State Implementation Plan pertaining to the Nitrogen Oxides Budget Program.

    (D) Revisions to COMAR 26.11.27, Post RACT Requirements for NOX Sources (NOX Budget Program) and COMAR 26.11.28, Polices and Procedures Relating to Maryland's NOX Budget Program, effective June 1, 1998.

    (1) Addition of COMAR 26.11.27.01 through COMAR 26.11.27.14, except COMAR 26.11.27.04, .07 and .11.

    (2) Addition of COMAR 26.11.28.01 through COMAR 26.11.28.13, except COMAR 26.11.28.08.

    (E) Revisions to COMAR 26.11.27, Post RACT Requirements for NOX Sources (NOX Budget Program) and COMAR 26.11.28, Polices and Procedures Relating to Maryland's NOX Budget Program, effective October 18, 1999, consisting of the addition of new COMAR 26.11.27.04, .07 and .11.

    (F) Revisions to COMAR 26.11.27, Post RACT Requirements for NOX Sources ( NOX Budget Program) and COMAR 26.11.28, Polices and Procedures Relating to Maryland's NOX Budget Program, consisting of the consent agreement between the Maryland Department of the Environment and the Potomac Electric Power Company, effective September 13, 1999.

    (G) Revisions to COMAR 26.11.27, Post RACT Requirements for NOX Sources ( NOX Budget Program) and COMAR 26.11.28, Polices and Procedures Relating to Maryland's NOX Budget Program, consisting of the consent agreement between the Maryland Department of the Environment and the Baltimore Gas & Electric Company, effective November 19, 1999.

    (ii) Additional Material—Remainder of August 28, 1998, November 16, 1999 and March 20, 2000 submittals pertaining to the Nitrogen Oxides Budget Program.

    (152) Revisions to the Maryland Regulations governing visible emissions submitted on March 21, 1991 and November 5, 1997 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letters from the Maryland Department of the Environment dated March 21, 1991 and November 5, 1997 submitting revisions to the Maryland State Implementation Plan.

    (B) Document entitled “Procedures To Be Used To Evaluate An Application For An Alternative Visible Emissions Standard Under COMAR 26.11.06.02B”.

    (C) Code of Maryland Administrative Regulations (COMAR) 10.18.06.02 (General Emission Standards, Prohibitions, and Restrictions—Visible Emissions), Sections 10.18.06.02A(1), .02(A)(1)(a), .02(A)(2), and .02C(1) and (2), effective December 3, 1984.

    (D) Recodified COMAR 26.11.06.02 (General Emission Standards, Prohibitions, and Restrictions—Visible Emissions), Sections 26.11.06.02A(1) [General paragraph], .02A(1)(a) through (d) and (f), .02A(2), and .02C(1) through (3), effective August 1, 1988.

    (E) COMAR 26.11.06.02B (Visible Emissions—Case-by-Case Exception to the Visible Emissions Standards).

    (1) COMAR 10.18.06.02B(1)(a) through (d), .02B(2)(a), .02B(4)(a) and (b), and .02B(5)(a) and (b), effective December 3, 1984. This rule replaces COMAR 10.18.01.08. [Recodified as COMAR 26.11.06.02B, effective August 1, 1988.]

    (2) COMAR 26.11.06.02B(2)(b) through (e) and .02 B(4)(c), effective July 3, 1995.

    (F) Recodified COMAR 26.11.06.03D (Particulate Matter from Materials Handling and Construction), effective August 1, 1988.

    (ii) Additional Material.

    (A) Remainder of the March 21, 1991 submittal (MD91-01) as it pertains to the recodification of COMAR 26.11.06.02 and 26.11.06.03D.

    (B) Remainder of the November 5, 1997 submittal (MD97-02).

    (153) Revisions to the Maryland State Implementation Plan submitted on April 2, 1992 and October 10, 2000 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter dated April 2, 1992 from the Maryland Department of the Environment transmitting revisions to the testing and observation procedures for iron and steel production operations

    (B) The following revised Maryland provisions, effective February 17, 1992.

    (1) Revised COMAR 26.11.10.07.

    (2) Technical Memorandum 91-01, Supplement 1—Appendix A, Test Method 5 and Method 8.

    (C) Letter dated October 10, 2000 from the Maryland Department of the Environment transmitting revisions to regulations and technical memoranda governing control of iron and steel production operations.

    (D) The following revised Maryland provisions, effective November 2, 1998.

    (1) Revisions to COMAR 26.11.01.04C(2).

    (2) Revisions to the following provisions of COMAR 26.11.10: Paragraphs .02A., .02B(2), .02B(3), .03A(2)(a) through (c), .03A(2)(e), .03B [introductory paragraph], .03B(5) [formerly cited as .03B(6)], .04B(2) introductory paragraph [combined with provision formerly cited as .04B(2)(a)], .04B(2)(c)(i) and .04B(2)(c)(ii) [formerly cited as .04B(2)(e)(i) and .04B(2)(e)(ii) respectively], .04B(2)(f), .04B(3) through(5), and.05.

    (3) Removal of the following provisions: COMAR 26.11.10.01B(1) [existing provision .01B(2) is renumbered as .01B(1)], .03B(1) [existing provisions .03B(2) through(5) are renumbered as .03B(1) through (4)], .03B(7), .03B(8), .03C, .03D, .04A(2) and .04A(3) [existing provision .04A(1) is renumbered as .04A], .04B(2)(b), and .04B(2)(h) [existing provisions .04B(2)(c) through (g) and (i) are renumbered as .04B(2)(a) through (f)].

    (4) Addition of COMAR 26.11.10.01B(2) and new .03C.

    (5) Technical Memorandum 91-01, Supplement 3—Test Methods 1004, 1004F, 1004G, 1004H, and 1004I.

    (E) Revisions to COMAR 26.11.10.03C(1) [formerly cited as .03C], and the addition of Paragraphs .03C(2) and .03C(3); effective October 2, 2000.

    (ii) Additional Materials—Remainder of the state submittals pertaining to the revisions listed in paragraph (c)(153) (i) of this section.

    (154) Revisions to the Maryland Regulations pertaining to the Nitrogen Oxides (NOX) Reduction and Trading Program submitted on April 27, 2000 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of April 27, 2000 from the Maryland Department of the Environment transmitting additions to the Maryland State Implementation Plan pertaining to the NOX Reduction and Trading Program.

    (B) Revisions to COMAR 26.11.29, NOX Reduction and Trading Program and COMAR 26.11.30, Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program, effective May 1, 2000.

    (1) Addition of COMAR 26.11.29.01 through COMAR 26.11.29.15.

    (2) Addition of COMAR 26.11.30.01 through COMAR 26.11.30.09.

    (ii) Additional material. Remainder of April 27, 2000 submittal pertaining to the NOX Reduction and Trading Program.

    (155) Revisions to the Maryland Regulations for NOX RACT regulations submitted on September 8, 2000 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of September 8, 2000 from the Maryland Department of the Environment transmitting the Maryland NOX RACT regulations.

    (B) The Maryland NOX RACT regulations found at COMAR 26.11.09.08, effective October 18, 1999, as revised effective September 18, 2000. This rule replaces COMAR 26.11.09.08, effective May 10, 1993, as revised effective June 20, 1994 and May 8, 1995.

    (C) Addition of COMAR 26.11.09.01B(3-1) (definition of the term “high heat release unit”), effective September 18, 2000.

    (ii) Additional Material.—Remainder of September 8, 2000 submittal.

    (156) Revision to the Maryland Regulations replacing the existing regulation and adopting a new regulation for control of volatile organic compounds (VOC) from expandable polystyrene operations (EPO) submitted on October 20, 2000 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of October 20, 2000 from the Maryland Department of the Environment transmitting the EPO regulations.

    (B) The Maryland EPO regulations found at COMAR 26.11.19.19, effective October 2, 2000. This rule replaces COMAR 26.11.19.19, effective July 3, 1995.

    (ii) Additional Material.—Remainder of the October 20, 2000 submittal.

    (157) Revision to the Maryland Regulations establishing VOC reasonably available control technology (RACT) standards for facilities that recycle bakery and confectionary waste submitted on October 31, 2000 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of October 31, 2000 from the Maryland Department of the Environment transmitting the VOC RACT regulations for facilities that recycle bakery and confectionary waste.

    (B) The Maryland VOC RACT regulations for facilities that recycle bakery and confectionary waste found at COMAR 26.11.19.28, effective October 2, 2000.

    (ii) Additional Material.—Remainder of the October 31, 2000 submittal.

    (158) Revision to the Maryland Regulations which adopt by reference the EPA definition of VOC found at 40 CFR 51.100(s), update the Maryland regulation references to the federal PSD regulations at 40 CFR 52.21 and include other miscellaneous revisions submitted on February 6, 1998 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting the adoption of the federal definition of VOC, federal reference updates and other miscellaneous revisions.

    (B) The amendment to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 which updates the references for incorporation of the federal PSD regulations found at 40 CFR 52.21 from the 1993 to the 1996 edition of the CFR and include other miscellaneous revisions (COMAR 26.11.01.01B(6-1) and COMAR 26.11.06.06A(1)(d)), effective June 30, 1997.

    (C) The amendment to COMAR 26.11.01.01B(53) which adopts by reference the EPA definition of VOC found at 40 CFR 51.100(s), 1996 edition of CFR, effective September 22, 1997.

    (ii) Additional Material.—Remainder of the February 6, 1998 submittal.

    (159) Revision to the Maryland Regulations updating the references to the federal definition of VOC at 40 CFR 51.100(s) and the federal PSD regulations at 40 CFR 52.21, submitted on November 16, 2000 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of November 16, 2000 from the Maryland Department of the Environment transmitting the updates to the Maryland regulation references to the federal definition of VOC at 40 CFR 51.100(s) and the federal PSD regulations at 40 CFR 52.21.

    (B) The amendments to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 which update the reference for incorporation of the federal PSD regulations found at 40 CFR 52.21 from the 1996 to the 1999 edition of the CFR and the amendment to COMAR 26.11.01.01B(53) which updates the federal reference for incorporation of the EPA definition of VOC found at 40 CFR 51.100(s) from the 1996 to the 1999 edition of the CFR, effective October 16, 2000.

    (ii) Additional Material.—Remainder of the November 16, 2000 submittal.

    (160) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile Organic Compounds from Specific Processes, submitted on October 5, 2001 by the Maryland Department of the Environment.

    (i) Incorporation by reference.

    (A) Letter of October 5, 2001 from the Maryland Department of the Environment transmitting Maryland Regulation, COMAR 26.11.19.29, Control of Volatile Organic Compounds From Distilled Spirits Facilities.

    (B) Additions of COMAR 26.11.19.29, Control of Volatile Organic Compounds From Distilled Spirits Facilities, adopted by the State of Maryland on September 11, 2000 and effective October 2, 2000.

    (C) Revisions to COMAR 26.11.19.29, Control of Volatile Organic Compounds From Distilled Spirits Facilities, adopted by the State of Maryland on September 25, 2001 and effective October 15, 2001.

    (ii) Additional Materials—Remainder of the State submittals pertaining to the revisions listed in paragraphs (c)(160)(i)(B) and (C) of this section.

    (161) Revisions to the State of Maryland Regulations pertaining to the repeal of COMAR 26.11.11.04, Petroleum Refineries, submitted on January 4, 2001, by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of January 4, 2001, from the Maryland Department of the Environment transmitting amendments to COMAR 26.11.11 to repeal Regulation 26.11.11.04, Petroleum Refineries.

    (B) Amendments to COMAR 26.11.11, Control of Petroleum Products Installations, including Asphalt Paving and Asphalt Concrete Plants, repealing Regulation 26.11.11.04, Petroleum Refineries, effective October 5, 1998.

    (ii) Additional Material. Remainder of the January 4, 2001 submittal pertaining to the repeal of COMAR 26.11.11.04, Petroleum Refineries.

    (162) Revisions to the Maryland State Implementation Plan submitted on February 5, 2001 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) A letter dated February 5, 2001 from the Maryland Department of the Environment transmitting revisions to the Maryland State Implementation Plan, consisting of the addition of COMAR 26.11.19.30 Control of Volatile Organic Compounds from Organic Chemical Production.

    (B) Addition of new COMAR 26.11.19.30 Control of Volatile Organic Compounds from Organic Chemical Production, adopted by the Secretary of the Environment on December 6, 2000 and effective on January 8, 2001, including the following:

    (1) addition of new COMAR 26.11.19.30 A. Definitions.

    (2) addition of new COMAR 26.11.19.30 B. Terms Defined.

    (3) addition of new COMAR 26.11.19.30.C. Applicability.

    (4) addition of new COMAR 26.11.19.30.D. General Requirements.

    (5) addition of new COMAR 26.11.19.30.E. Demonstration of Compliance.

    (ii) Additional Materials—Remainder of the February 5, 2001 submittal.

    (163) Revisions to the Maryland Regulations submitted on January 8, 2001 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter dated January 8, 2001 from the Maryland Department of the Environment transmitting regulations that establish reasonably available control technology (RACT) requirements for those sources at integrated steel mills that cause emissions of volatile organic compounds (VOCs).

    (B) The following revisions to COMAR 26.11.10, effective December 25, 2000:

    (1) Addition of COMAR 26.11.10.01B(1) through .0B(5) inclusive, and .01B(8.) [existing provisions .01B(1) and .01B(2) are renumbered as .01B(6) and .01B(7) respectively].

    (2) New COMAR 26.11.10.06 (Control of Volatile Organic Compounds from Iron and Steel Production Installations).

    (3) Revisions to COMAR 26.11.10.07 (Testing and Observation Procedures).

    (C) Letter dated May 29, 2001 from the Maryland Department of the Environment, noting the correction of a typographical error made in the Maryland Register publication of the Iron and Steel VOC RACT rule.

    (ii) Additional Materials—Remainder of the state submittal pertaining to the regulations listed in paragraph (c)(163)(i)(B) of this section.

    (164) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 and May 14, 2001 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of May 14, 2001 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.01.01 (General Administrative Definitions).

    (B) The following revised provisions of COMAR 26.11.01.01, effective June 20, 1994:

    (1) 26.11.01.01A.

    (2) 26.11.01.01B(1) through .01B(20), except for .01B(3) and .01B(13).

    (3) 26.11.01.01B(24) through .01B(36), except for .01B(25).

    (4) 26.11.01.01B(38) through .01B(53).

    (C) Letter of February 6, 1998 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.01.01 (General Administrative Definitions).

    (D) Revised COMAR 26.11.01.01B(43) [definition of “source”], effective June 30, 1997.

    (ii) Additional Material.

    (A) Remainder of May 14, 2001 submittal.

    (B) Remainder of February 6,1998 submittal related to the revised definition of “source.”

    (165) Revisions to the Maryland State Implementation Plan submitted on June 12, 2001 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of June 12, 2001 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.04 (Ambient Air Quality Standards).

    (B) The following revised provisions of COMAR 26.11.04, effective May 8, 1995:

    (1) Revised chapter title of COMAR 26.11.04.

    (2) New 26.11.04.03 through .09 (formerly COMAR 26.11.03.01 through .07 [State-Adopted National Ambient Air Quality Standards and Guidelines], effective prior to May 8, 1995).

    (3) Addition of COMAR 26.11.04.02.

    (ii) Additional Material.

    (A) Remainder of June 12, 2001 submittal.

    (166) Revisions to the Maryland State Implementation Plan submitted on August 20, 2001 by the Maryland Department of the Environment consisting of Reasonably Available Control Technology (RACT) requirements to reduce volatile organic compound (VOC) emissions from marine vessel coating operations.

    (i) Incorporation by reference.

    (A) A letter dated August 20, 2001 from the Maryland Department of the Environment transmitting an addition to Maryland's State Implementation Plan, pertaining to volatile organic compound (VOC) regulations in Maryland's air quality regulations, COMAR 26.11.19.27.

    (B) Addition of new COMAR 26.11.19.27—Control of Volatile Organic Compounds from Marine Vessel Coating Operations, effective on October 20, 1997.

    (ii) Additional Materials—Remainder of the August 20, 2001 submittal pertaining to COMAR 26.11.19.27—Control of VOC Emissions from Marine Vessel Coating Operations.

    (167)(i) Incorporation by reference.

    (A) Letter dated February 21, 2001 submitted by the Maryland Department of the Environment transmitting the source-specific VOC RACT determination for the Thomas Manufacturing Corporation Inc., in the form of a Consent Order.

    (B) Consent Order for the Thomas Manufacturing Corporation Inc., dated February 6, 2001, with an effective date of February 15, 2001.

    (ii) Additional Materials—Other materials submitted by the State of Maryland in support of and pertaining to the RACT determination for the source listed in paragraph (c)(167)(i)(B) of this section.

    (168) SIP revision submitted on April 25, 2001 by the State of Maryland consisting of a Consent Order dated April 16, 2001 between the Maryland Department of the Environment and Constellation Power Source Generation Inc. The Consent Order establishes a system-wide inter-facility emissions averaging plan to comply with NOX RACT requirements at five facilities owned by Constellation Power Source Generation Inc. and located in the State of Maryland.

    (i) Incorporation by reference.

    (A) Letter of April 25, 2001 from the Maryland Department of the Environment (MDE) transmitting a Consent Order issued by MDE to Constellation Power Source Generation, Inc. establishing an averaging plan at five electric generating plants as a means of compliance with the NOX RACT requirements.

    (B) Consent Order between the Maryland Department of the Environment and Constellation Power Source Generation, Inc. dated April 16, 2001.

    (C) NOX RACT Averaging Plan Proposal submitted by Constellation Power Source Generation, Inc. dated November 6, 2000.

    (ii) Additional Material.—Remainder of the state submittal pertaining to the revision listed in paragraph (c)(168) of this section.

    (169) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile Organic Compounds from Specific Processes, submitted on October 5, 2001 by the Maryland Department of the Environment.

    (i) Incorporation by reference.

    (A) Letter of October 5, 2001 from the Maryland Department of the Environment transmitting Maryland Regulation, COMAR 26.11.19.13-1, Aerospace Coating Operations.

    (B) Addition of COMAR 26.11.19.13-1, Aerospace Coating Operations, adopted by the State of Maryland on September 11, 2000 and effective October 2, 2000.

    (C) Revisions to COMAR 26.11.19.13-1, Aerospace Coating Operations, adopted by the State of Maryland on September 25, 2001 and effective October 15, 2001.

    (ii) Additional Materials—Remainder of the State submittals pertaining to the regulations listed in paragraphs (c)(169)(i)(B) and (C) of this section.

    (170) Revisions to the Maryland Regulation, COMAR 26.11.14, Control of Emissions from Kraft Pulp Mills, submitted on October 5, 2001 by the Maryland Department of the Environment.

    (i) Incorporation by reference.

    (A) Letter of October 5, 2001 from the Maryland Department of the Environment transmitting Maryland Regulations COMAR 26.11.14.01, 26.11.14.02 and 26.11.14.06, Control of Emissions from Kraft Pulp Mills.

    (B) Additions of COMAR 26.11.14.01, COMAR 26.11.14.02 and COMAR 26.11.14.06, Control of Emissions from Kraft Pulp Mills, adopted by the State of Maryland on December 13, 2000 and effective January 8, 2001.

    (C) Revisions to COMAR 26.11.14.01 and COMAR 26.11.14.06, Control of Emissions from Kraft Pulp Mills, adopted by the State of Maryland on September 25, 2001 and effective October 15, 2001.

    (ii) Additional Materials—Remainder of the State submittals pertaining to the revisions listed in paragraphs (c)(170)(i)(B) and (C) of this section.

    [37 FR 10870, May 31, 1972] Editorial Note:

    For Federal Register citations affecting § 52.1070, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

     Effective Date Notes:

    1. At 67 FR 36812, May 28, 2002, § 52.1070 was amended by adding paragraphs (c)(171) and (c)(172), effective July 29, 2002. For the convenience of the user, the added text is set forth as follows:

    § 52.1070 Identification of plan.

    (c) * * *

    (171) Revisions to the Code of Maryland Administrative Regulations (COMAR) which update the Maryland regulation references to both the Federal Prevention of Significant Deterioration (PSD) regulations found at § 52.21 and the EPA definition of “volatile organic compound” (VOC) found at 40 CFR 51.100(s) of the 2000 edition of the Code of Federal Regulations, submitted on December 11, 2001 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of December 11, 2001 from the Maryland Department of the Environment transmitting updated references to the Code of Federal Regulations (CFR) with regard to the Prevention of Significant Deterioration (PSD) regulations and the definition of “volatile organic compound” (VOC).

    (B) Revisions to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 effective December 10, 2001, which updates the references for incorporation of the Federal PSD regulations found at § 52.21 from the 1999 to the 2000 edition of the CFR.

    (C) The revision to COMAR 26.11.01.01B(53) effective December 10, 2001, which updates the references of the EPA definition of VOC found at 40 CFR 51.100(s) from the 1999 edition to the 2000 edition of CFR.

    (ii) Additional material. Remainder of the State submittals pertaining to the revisions listed in paragraphs (c)(171)(i)(B) and (C) of this section.

    (172) Revision to the Code of Maryland Administrative Regulations (COMAR) governing general records and information requirements, submitted on December 11, 2001 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) Letter of December 11, 2001 from the Maryland Department of the Environment transmitting revisions to COMAR 26.11.01.05 (Records and Information).

    (B) Revised COMAR 26.11.01.05, effective June 30, 1997, replacing COMAR 26.11.01.05, effective July 18, 1980, as recodified August 1, 1988.

    (C) Revision to the introductory paragraph of COMAR 26.11.01.05A., effective December 10, 2001.

    (ii) Additional material. Remainder of the State submittals pertaining to the revisions listed in paragraphs (c)(172)(i)(B) and (C) of this section.

    2. At 67 FR 39857, June 11, 2002, § 52.1070 was amended by adding paragraph (c)(173), effective Aug. 12, 2002. For the convenience of the user, the added text is set forth as follows:

    § 52.1070 Identification of plan.

    (c) * * *

    (173) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) A letter dated February 6, 1998 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, concerning exemption of certain intermittent visible emissions requirements at Federal facilities, establishment of specific requirements for safety determinations at Federal facilities, and amendment to open burning distance limitations under the “open fire” rule.

    (B) The following additions and revisions to the Code of Maryland Administrative Regulations (COMAR), effective August 11, 1997:

    (1) COMAR 26.11.06.02A(1)—introductory text of paragraph (1) [revised], 26.11.06.02A(1)(i) [revised] and 26.11.06.02A(1)(j) [added].

    (2) COMAR 26.11.07.01B(5) [added], 26.11.07.03B(1)(c) [revised], and 26.11.07.06 [added].

    (ii) Additional Materials—Remainder of the February 6, 1998 submitted by the Maryland Department of the Environment pertaining to the amendments in paragraph (c)(173)(i) (B) of this section.

    3. At 67 FR 44062, July 1, 2002, § 52.1070 was amended by revising paragraph (c)(173), added on June 11, 2002 (67 FR 39856) and effective on August 12, 2002, effective Aug. 12, 2002. For the convenience of the user, the revised text is set forth as follows:

    § 52.1070 Identification of plan.

    (c) * * *

    (173) Revisions to the Maryland State Implementation Plan submitted on February 6, 1998 by the Maryland Department of the Environment:

    (i) Incorporation by reference.

    (A) A letter dated February 6, 1998 from the Maryland Department of the Environment transmitting additions to Maryland's State Implementation Plan, concerning exemption of certain intermittent visible emissions requirements at Federal facilities, establishment of specific requirements for safety determinations at Federal facilities, and amendment to open burning distance limitations under the “open fire” rule.

    (B) The following additions and revisions to the Code of Maryland Administrative Regulations (COMAR), effective August 11, 1997:

    (1) COMAR 26.11.06.02A(1)—introductory text of paragraph (1)[revised], and 26.11.06.02A(1)(j) [added].

    (2) COMAR 26.11.07.01B(5) [added], 26.11.07.03B(1)(c) [revised], and 26.11.07.06 [added].

    (ii) Additional Materials—Remainder of the February 6, 1998 submitted by the Maryland Department of the Environment pertaining to the amendments in paragraph (c)(173)(i) (B) of this section.

    § 52.1071 Classification of regions.

    The Maryland plans were evaluated on the basis of the following classifications:

    Air quality control region Pollutant Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone Cumberland-Keyser Interstate I I III III III Central Maryland Intrastate II II III III III Metropolitan Baltimore Intrastate I I I I I National Capital Interstate I I III I I Southern Maryland Intrastate III III III III III Eastern Shore Intrastate II III III III III [37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 53475, Aug. 12, 1980]
    § 52.1072 Conditional approval.

    (a)-(c) [Reserved]

    (d) Revisions to the Maryland State Implementation Plan pertaining to Maryland's major VOC source RACT and minor VOC source requirements, COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991, June 8, 1993, and July 12, 1995 by the Maryland Department of the Environment are conditionally approved. Maryland must meet the following conditions by no later than 12 months after the publication of the final conditional rulemaking. These conditions are: Maryland certify that it has submitted case-by-case RACT proposals for all sources subject to the RACT requirements; or demonstrate that the emissions from any remaining subject sources represent a de minimis level of emissions, as defined in the final rulemaking notice.

    (i) Additional Material.

    (A) Letter of February 7, 1996 from the Maryland Department of the Environment agreeing to meet certain conditions by no later than 12 months after the publication of the final conditional rulemaking. These conditions are: Maryland submit case-by-case RACT proposals for all sources subject to the RACT requirements; Maryland certify that, to the best of its knowledge, there are no other sources subject to the RACT requirements.

    (e) [Reserved]

    [62 FR 40944, July 31, 1997, as amended at 62 FR 49616, Sept. 23, 1997; 62 FR 52666, Oct. 9, 1997; 63 FR 47179, Sept. 4, 1998; 64 FR 33200, June 22, 1999; 64 FR 58344, Oct. 29, 1999; 65 FR 5252, Feb. 3, 2000; 65 FR 44689, July 19, 2000; 66 FR 9527, Feb. 8, 2001]
    § 52.1073 Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator approves Maryland's plans for the attainment and maintenance of the national standards.

    (b) With the exceptions set forth in this subpart, the Administrator approves the amendment to Regulation 10.18.01 sections .01, .07, and .11, Regulation 10.18.04 and 10.18.05 section .03D, .03F, .03H, .06I of Maryland's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that portions of the plan, as submitted January 19, 1979, satisfy the requirements of part D, title 1, of the Clean Air Act as amended in 1977.

    In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980, for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January.

    (c) Code of Maryland Air Regulations (COMAR) 26.11.13.06 is approved with the following exception:

    (i) Distributors and retailers of gasoline-ethanol blends as defined by 40 CFR 80.27(d)(2) are subject to the provisions of 40 CFR 80.27(d)(1) through 40 CFR 80.27(d)(3).

    (d) Letter of November 13, 1993, from the Maryland Department of the Environment transmitting a commitment to adopt either the Federal clean fuel fleet program or an alternative substitute program by May 15, 1994.

    (e) Conditional limited approval of revisions to the Maryland State Implementation Plan, pertaining to Maryland's major VOC source RACT and minor VOC source requirements, COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991, June 8, 1993, and July 12, 1995 by the Maryland Department of the Environment.

    [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; 63 FR 47179, Sept. 4, 1998]
    § 52.1074 Legal authority.

    (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.

    [39 FR 34536, Sept. 26, 1974, and 47 FR 20128, May 11, 1982, as amended at 51 FR 40676, Nov. 7, 1986]
    § 52.1075 1990 base year emission inventory.

    (a) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventory for the Baltimore Metropolitan Statistical Area, submitted by the Secretary, Maryland Department of the Environment, on September 20, 1995. This submittal consists of the 1990 base year stationary, area, off-road mobile and on-road mobile emission inventories in the Baltimore Metropolitan Statistical Area for the pollutant, carbon monoxide (CO).

    (b) EPA approves as a revision to the Maryland Implementation Plan the 1990 base year emission inventory for the Washington Metropolitan Statistical Area, submitted by Secretary, Maryland Department of the Environment, on March 21, 1994 and October 12, 1995. This submittal consist of the 1990 base year stationary, area and off-road mobile and on-road mobile emission inventories in the Washington Statistical Area for the pollutant, carbon monoxide (CO).

    (c) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventories for the Maryland ozone nonattainment areas submitted by the Secretary of Maryland Department of Environment on March 21, 1994. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

    (d) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventories for the Maryland ozone nonattainment areas: Baltimore nonattainment areas, Cecil County, and Kent and Queen Anne's Counties submitted by the Secretary of Maryland Department of Environment on March 21, 1994. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

    (e) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventory for the Maryland portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Secretary of MDE on March 21, 1994. This submittal consists of the 1990 base year point, area, highway mobile, non-road mobile, and biogenic source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

    (f) EPA approves as a revision to the Maryland State Implementation Plan an amendment to the 1990 base year emission inventories for the Maryland portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Secretary of Maryland of the Department Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile, and non-road mobile source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), and oxides of nitrogen (NOX).

    (g) EPA approves revisions to the Maryland State Implementation Plan amending the 1990 base year emission inventories for the Baltimore ozone nonattainment area, submitted by the Secretary of Maryland Department of the Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile and non-road mobile source emission inventories for volatile organic compounds and nitrogen oxides in the Baltimore ozone nonattainment area.

    (h) EPA approves revisions to the Maryland State Implementation Plan amending the 1990 base year emission inventories for the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile and non-road mobile source emission inventories for volatile organic compounds and nitrogen oxides in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area.

    [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; 63 FR 36858, July 8, 1998; 65 FR 5252, Feb. 3, 2000; 66 FR 48210, Sept. 19, 2001]
    § 52.1076 Control strategy plans for attainment and rate-of-progress: Ozone.

    (a) 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.

    (b) EPA approves as a revision to the Maryland State Implementation Plan, the Stage II vapor recovery comparability plan for the counties of Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worcester Counties submitted by the Maryland Department of the Environment on November 5, 1997.

    (c) EPA approves as a revision to the Maryland State Implementation Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone nonattainment area, submitted by the Secretary of Maryland Department of the Environment on October 7, 1998.

    (d) EPA approves the Maryland's 15 Percent Rate of Progress Plan for the Maryland portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on May 5, 1998.

    (e) EPA is approving the State of Maryland's post-1996 (ROP) plan SIP revision for the Washington area which was submitted on December 24, 1997, and supplemented on May 20, 1999, and the transportation control measures in Appendix H of the May 20, 1999 submittal.

    (f)(1) EPA approves revisions to the Maryland State Implementation Plan for post 1996 rate of progress plans for milestone years 1999, 2002 and 2005 for the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

    (2) EPA approves the contingency plans for failure to meet rate of progress in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area for milestone years 1999, 2002 and 2005. These plans were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

    (g) EPA approves the revisions to the State Implementation Plan submitted by the Maryland Department of the Environment on April 29, 1998, August 17, 1998, and February 14, 2000, and only section 9.1.1.2 of the March 31, 2000 SIP supplement dealing with a commitment to revise the 2005 attainment motor vehicle emissions budgets within one-year of the EPA's release of the MOBILE6 model. The revisions are for the purpose of satisfying the attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act for the Metropolitan Washington, DC serious ozone nonattainment area. The revision establishes an attainment date of November 15, 2005 for the Metropolitan Washington, DC ozone nonattainment area. This revision establishes motor vehicle emissions budgets for 2005 of 101.4 tons per day of volatile organic compounds (VOC) and 166.7 tons per day of nitrogen oxides (NOX) to be used in transportation conformity in the Metropolitan Washington, DC. Serious ozone nonattainment area until revised budgets based upon the MOBILE6 model are submitted and found adequate. In the revision, Maryland commits to revise their VOC and NOX transportation conformity budgets within one year of the release of the MOBILE6 model. Maryland also commits to conduct a mid-course review to assess modeling and monitoring progress achieved towards the goal of attainment by 2007, and submit the results to EPA by December 31, 2003.

    (h) EPA approves the attainment demonstration for the Philadelphia area submitted as a revision to the State Implementation Plan by the Maryland Department of the Environment on April 29, 1998, August 18, 1998, December 21, 1999, December 28, 2000, and August 31, 2001 including its RACM analysis and determination. EPA is also approving the revised enforceable commitments made to the attainment plan for the Baltimore severe ozone nonattainment area which were submitted on December 28, 2000. The enforceable commitments are to submit measures by October 31, 2001 for additional emission reductions as required in the attainment demonstration test, and to revise the SIP and motor vehicle emissions budgets by October 31, 2001 if the additional measures affect the motor vehicle emissions inventory; to revise the SIP and motor vehicle emission budgets using MOBILE6 within one year after it is issued; and to perform a mid-course review by December 31, 2003.

    (i) EPA approves the following mobile budgets of Maryland's attainment plan for the Philadelphia area:

    Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area Control Strategy SIP Year VOC
  • (TPD)
    •  NOX
  • (TPD)
    •  Date of Adequacy Determination     Attainment Demonstration 2005 2.6 5.6 April 27, 2001 (See 66 FR 18928, published on April 12, 2001).

    (1) We are only approving the attainment demonstration and its current budgets because Maryland has provided an enforceable commitment to revise the budgets using the MOBILE6 model within one year of EPA's release of that model. Therefore, we are limiting the duration of our approval of the current budgets only until such time as the revised budgets are found adequate. Those revised budgets will be more appropriate than the budgets we are approving for conformity purposes for the time being.

    (2) Similarly, EPA is only approving the 2005 attainment demonstration and its currents budgets because Maryland has provided an enforceable commitment to submit new budgets as a revision to the attainment SIP consistent with any new measures submitted to fill any shortfall, if the new additional control measures affect on-road motor vehicle emissions. Therefore, EPA is limiting the duration of its approval of the current budgets only until such time as any such revised budgets are found adequate. Those revised budgets will be more appropriate than the budgets EPA is approving for conformity purposes for the time being.

    (j)(1) EPA approves revisions to the Maryland State Implementation Plan for post 1996 rate of progress plans for milestone years 1999, 2002 and 2005 for the Baltimore severe ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

    (2) EPA approves the contingency plans for failure to meet rate of progress in the Baltimore severe ozone nonattainment area for milestone years 1999, 2002 and 2005. These plans were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

    (k) EPA approves the attainment demonstration for the Baltimore area submitted as a revision to the State Implementation Plan by the Maryland Department of the Environment on April 29, 1998, August 18, 1998, December 21, 1999, December 28, 2000, and August 20, 2001 including its RACM analysis and determination. EPA is also approving the revised enforceable commitments made to the attainment plan for the Baltimore severe ozone nonattainment area which were submitted on December 28, 2000. The enforceable commitments are to submit measures by October 31, 2001 for additional emission reductions as required in the attainment demonstration test, and to revise the SIP and motor vehicle emissions budgets by October 31, 2001 if the additional measures affect the motor vehicle emissions inventory; to revise the SIP and motor vehicle emission budgets using MOBILE6 within one year after it is issued; and to perform a mid-course review by December 31, 2003.

    (l) EPA approves the following mobile budgets of the Baltimore area attainment plan:

    Transportation Conformity Budgets for the Baltimore Area Type of control strategy SIP Year VOC
  • (TPD)
    •  NOX
  • (TPD)
    •  Effective date of adequacy determination.     Attainment Demonstration 2005 45.5 96.9 July 20, 2001, (See 66 FR 35421, published July 5, 2001).

    (1) We are only approving the attainment demonstration and its current budgets because Maryland has provided an enforceable commitment to revise the budgets using the MOBILE6 model within one year of EPA's release of that model. Therefore, we are limiting the duration of our approval of the current budgets only until such time as the revised budgets are found adequate. Those revised budgets will be more appropriate than the budgets we are approving for conformity purposes for the time being.

    (2) Similarly, EPA is only approving the 2005 attainment demonstration and its currents budgets because Maryland has provided an enforceable commitment to submit new budgets as a revision to the attainment SIP consistent with any new measures submitted to fill any shortfall, if the new additional control measures affect on-road motor vehicle emissions. Therefore, EPA is limiting the duration of its approval of the current budgets only until such time as any such revised budgets are found adequate. Those revised budgets will be more appropriate than the budgets EPA is approving for conformity purposes for the time being.

    [62 FR 40458, July 29, 1997, as amended at 63 FR 67782, Dec. 9, 1998; 65 FR 5252, Feb. 3, 2000; 65 FR 44689, July 19, 2000; 66 FR 632, Jan. 3, 2001; 66 FR 9769, Feb. 12, 2001; 66 FR 48211, Sept. 19, 2001; 66 FR 49109, Sept. 26, 2001; 66 FR 54596, Oct. 29, 2001; 66 FR 54687, Oct. 30, 2001]
    § 52.1077 Source surveillance.

    (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.

    [37 FR 10870, May 31, 1972, as amended at 47 FR 20128, May 11, 1982; 51 FR 40677, Nov. 7, 1986]
    § 52.1078 Extensions.

    The Administrator hearby approves a request to extend the attainment date for the national ambient air quality standards for ozone to November 15, 2005 for the Metropolitan Washington, DC ozone nonattainment area.

    [66 FR 632, Jan. 3, 2001]
    § 52.1079 Requirements for state implementation plan revisions relating to new motor vehicles.

    Maryland must comply with the requirements of § 51.120.

    [60 FR 4737, Jan. 24, 1995]
    § 52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.

    On March 24, 1994 Maryland's Department of the Environment submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of Maryland SIP. As with all components of the SIP, Maryland must implement the program as submitted and approved by EPA.

    [60 FR 47084, Sept. 11, 1995]
    §§ 52.1081-52.1109 [Reserved]
    § 52.1110 Small business stationary source technical and environmental compliance assistance program.

    On November 13, 1992, the Acting Director of the Air and Radiation Management Administration, Maryland Department of the Environment submitted a plan for the establishment and implementation of a Small Business Stationary Source Technical and Environmental Compliance Assistance Program as a state implementation plan (SIP) revision, as required by title V of the Clean Air Act Amendments. EPA approved the Small Business Stationary Source Technical and Environmental Compliance Assistance Program on May 16, 1994, and made it part of the Maryland SIP. As with all components of the SIP, Maryland must implement the program as submitted and approved by EPA.

    [59 FR 25333, May 16, 1994]
    §§ 52.1111-52.1112 [Reserved]
    § 52.1113 General requirements.

    (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.

    (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan.

    (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31.

    (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.

    (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator.

    [39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55329, Nov. 28, 1975; 52 FR 40676, Nov. 7, 1987]
    §§ 52.1114-52.1115 [Reserved]
    § 52.1116 Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

    (b) The following provisions of 40 CFR 52.21 are hereby incorporated and made a part of the applicable State plan for the State of Maryland.

    (1) Definition of federally enforceable (40 CFR 52.21(b)(17)),

    (2) Exclusions from increment consumption (40 CFR 52.21(f)(1)(v), (3), (4)(i)),

    (3) Redesignation of areas (40 CFR 52.21(g) (1), (2), (3), (4), (5), and (6)),

    (4) Approval of alternate models (40 CFR 52.21(1)(2)),

    (5) Disputed permits or redesignation (40 CFR 52.21(t), and

    (6) Delegation of Authority (40 CFR 52.21(u)(1), (2)(ii), (3), and (4)).

    [45 FR 52741, Aug. 7, 1980 and 47 FR 7835, Feb. 23, 1982]
    § 52.1117 Control strategy: Sulfur oxides.

    (a) [Reserved]

    (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.

    [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]
    § 52.1118 Approval of bubbles in nonattainment areas lacking approved demonstrations: State assurances.

    In order to secure approval of a bubble control strategy for the American Cyanamid facility in Havre de Grace, Maryland (see paragraph 52.1070(c)(87)), the Maryland Department of the Environment—Air Management Administration provided certain assurances in a letter dated September 13, 1988 from George P. Ferreri, Director, to Thomas J. Maslany, Director, Air Management Division, EPA Region III. The State of Maryland assured EPA it would:

    (a) Include the bubble emission limits for this plant in any new State Implementation Plan,

    (b) Consider this plant with its approved bubble limits in reviewing sources for needed additional emission reductions, and

    (c) Not be delayed in making reasonable efforts to provide the necessary schedules for completing the new ozone attainment plan.

    [55 FR 20272, May 16, 1990]
    Subpart W—Massachusetts
    § 52.1119 Identification of plan—conditional approval.

    (a) The following plan revisions were submitted on the dates specified.

    (1) On November 13, 1992, the Massachusetts Department of Environmental Protection submitted a small business stationary source technical and environmental compliance assistance program (PROGRAM). On July 22, 1993, Massachusetts submitted a letter clarifying portions of the November 13, 1992 submittal. In these submissions, the State commits to submit adequate legal authority to establish and implement a compliance advisory panel and to have a fully operational PROGRAM by November 15, 1994.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated November 13, 1992 submitting a revision to the Massachusetts State Implementation Plan.

    (B) State Implementation Plan Revision for a Small Business Technical and Environmental Compliance Assistance Program dated November 13, 1992.

    (ii) Additional materials.

    (A) Letter from the Massachusetts Department of Environmental Protection dated July 22, 1993 clarifying portions of Massachusetts’ November 13, 1992 SIP revision.

    (2) [Reserved]

    [59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996; 65 FR 19326, Apr. 11, 2000]
    § 52.1120 Identification of plan.

    (a) Title of plan: “Plan for Implementation, Maintenance, and Enforcement of National Primary and Secondary Ambient Air Quality Standards.”

    (b) The plan was officially submitted on January 27, 1972.

    (c) The plan revisions listed below were submitted on the dates specified.

    (1) Emergency episode regulations submitted on February 22, 1972, by the Bureau of Air Quality Control, Massachusetts Department of Public Health.

    (2) Miscellaneous non-regulatory changes to the plan, wording changes in regulations 2.5 and 2.1 and clarification of Regulations 2.5.1 through 2.5.4 submitted on April 27, 1972, by the Division of Environmental Health, Massachusetts Department of Public Health.

    (3) Miscellaneous non-regulatory additions to the plan submitted on May 5, 1972, by the Bureau of Air Quality Control, Massachusetts Department of Public Health.

    (4) Miscellaneous changes affecting regulations 2.1, 2.5, 4.2, 4.5.1, 5.6.1, 6.1.2, 6.3.1, 8.1.6, 9.1, 15.1, 51.2, 52.1 and 52.2 of the regulations for all six Air Pollution Control Districts submitted on August 28, 1972 by the Governor.

    (5) Letter of concurrence on AQMA identifications submitted on July 23, 1974, by the Governor.

    (6) Revision to Regulation No. 5, increasing allowable sulfur content of fuels in the Boston Air Pollution Control District submitted on July 11, 1975, by the Secretary of Environmental Affairs, and on April 1, 1977 and April 20, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (7) Revision to Regulation 50—Variances, Regulations for Control of Air Pollution in the six Massachusetts Air Pollution Control Districts, submitted by letter dated November 14, 1974, by the Governor.

    (8) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Merrimack Valley Air Pollution Control District submitted on January 28, 1976 by the Secretary of Environmental Affairs and on August 22, 1977 by the Commissioner of the Department of Environmental Quality Engineering, and additional technical information pertinent to the Haverhill Paperboard Corp., Haverhill, Mass., submitted on December 30, 1976 by the Secretary of Environmental Affairs.

    (9) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Pioneer Valley Air Pollution Control District submitted on July 22, 1976 by the Secretary of Environmental Affairs and on August 22, 1977 by the Commissioner of the Department of Environmental Quality Engineering, and additional technical information pertinent to Deerfield Specialty Papers, Inc., Monroe, Mass., submitted on December 27, 1977 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Central Massachusetts Air Pollution Control District submitted on June 25, 1976 by the Secretary of Environmental Affairs and on August 22, 1977 by the Commissioner of the Department of Environmental Quality Engineering.

    (11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Central Massachusetts Air Pollution Control District (revised and adopted by the Massachusetts Department of Environmental Quality Engineering on March 29, 1976, with specificprovisions for the City of Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental Affairs.

    (12) A revision to Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Southeastern Massachusetts Air Pollution Control District, submitted on December 30, 1976 by the Secretary of Environmental Affairs and on January 31, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (13) A revision to Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Berkshire Air Pollution Control District, submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on April 14, 1977, and additional technical information submitted on August 11, 1978, pertaining to the Schweitzer Division, Kimberly-Clark Corporation, Columbia Mill, Lee, and on August 31, 1978, pertaining to Crane and Company, Inc., Dalton.

    (14) Revisions to “Regulations for the Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies,” submitted on September 15, 1976 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (15) A revision to Regulation 2.5, Compliance with Emission Limitations, and to Regulation 16, Reduction of Single Passenger Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control District, submitted on May 20, 1977, by the Acting Commissioner of the Executive Office of Environmental Affairs, Department of Environmental Quality Engineering.

    (16) Revision to regulation 7 and regulation 9, submitted on December 9, 1977, by the Commissioner of the Massachusetts Department of Environmental Quality and Engineering.

    (17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310 CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at New England Power Company, Salem Harbor Station, Massachusetts, submitted on July 5, 1978 by the Commissioner, Massachusetts Department of Environmental Quality Engineering and an extension to 310 CMR 7.06, Visible Emissions, submitted on December 28, 1979.

    (18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)—Emission Limitation to Incinerators, submitted February 1, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (19) The addition of Regulation 7.17, for the Southeastern Massachusetts Air Pollution Control District, Coal Conversion—Brayton Point Station, New England Power Company, submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on September 7, 1978. Compliance with this revision shall be determined by methods consistent with New Source Performance Standards, proposed Test Method 19, as stated in a letter dated February 8, 1979 from Kenneth Hagg of the Massachusetts Department of Environmental Quality Engineering to Frank Ciavattieri of the Environmental Protection Agency.

    (20) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) “Sulfur Content of Fuels and Control Thereof” and a revision for the Metropolitan Boston APCD, and Merrimack Valley APCD submitted on December 28, 1978, by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (21) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1), “Sulfur Content of Fuels and Control Thereof” and a revision to Regulation 310 CMR 7.05(4) “Ash Content of Fuels” for the Pioneer Valley Air Pollution Control District, submitted on January 3, 1979 by the Acting Com0missioner of the Massachusetts Department of Environmental Quality Engineering.

    (22) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1), “Sulfur Content of Fuels and Control Thereof” for the Southeastern Massachusetts APCD, submitted on January 31, 1979 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (23) A revision to Regulation 310 CMR 7.05(4) “Ash Content of Fuels” for the Metropolitan Boston Air Pollution Control District, submitted on July 20, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (24) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) “Sulfur Content of Fuels and Control Thereof” for the Central Massachusetts APCD, submitted on March 2, 1979 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering, and a revision removing the seasonal restriction in Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James River-Massachusetts submitted on September 28, 1979 by the Commissioner.

    (25) On March 30, 1979 and on April 23, 1979 the Commissioner of the Massachusetts Department of Environmental Quality Engineering submitted the non-attainment area plan for Total Suspended Particulates (TSP) in Worcester, miscellaneous statewide regulation changes, and an extension request for the attainment of TSP secondary standards for areas designated non-attainment as of March 3, 1978.

    (26) On May 3, 1979, August 7, 1979, and April 17, 1980, the Commissioner of the Massachusetts Department of Environmental Quality Engineering submitted a revision entitled “Massachusetts Implementation Plan, Amended Regulation—All Districts, New Source Review Element,” relating to construction and operation of major new or modified sources in non-attainment areas.

    (27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted on September 28, 1979 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (28) Revision to the state ozone standard and adoption of an ambient lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner of the Department of Environmental Quality Engineering on August 21, 1979.

    (29) A revision varying the provisions of Regulation 310 CMR 7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's Kendall Station, First Street, Cambridge, and Blackstone Station, Blackstone Street, Cambridge, submitted on December 28, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (30) Attainment plans to meet the requirements of Part D for carbon monoxide and ozone and other miscellaneous provisions were submitted by the Governor of Massachusetts on December 31, 1978 and on May 16, 1979 by the Acting Commissioner of the Department of Environmental Quality Engineering. Supplemental information was submitted on September 19, November 13 and December 7, 1979; and March 20 and April 7, 1980 by DEQE.

    (31) A temporary variance to the Provisions of Regulation 310 CMR 7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper Company, Otter River. Submitted on March 20, 1980 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (32) A revision to Regulation 7.05(1) “Sulfur Content of Fuels and Control Thereof” for the Metropolitan Boston APCD submitted on November 27, 1979 by the Commissioner of the Department of Environmental Quality Engineering.

    (33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) “Sulfur Content of Fuels and Control Thereof” for the Pioneer Valley Air Pollution Control District submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on March 2, 1979 and May 5, 1981.

    (34) A revision to Regulation 7.05(1) “Sulfur Content of Fuels and Control Thereof” for the Metropolitan Boston APCD submitted on April 25, 1980 by the Commissioner of the Department of Environmental Quality Engineering.

    (35) On January 5, 1981, the Acting Director of the Division of Air Quality Control, Massachusetts Department of Environmental Quality Engineering submitted a revision entitled “Appendix J Transportation Project Level Guidelines” relating to policy guidance on the preparation of air quality analysis for transportation projects.

    (36) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the Commissioner of the Department of Environmental Quality Engineering on January 28, 1980.

    (37) A revision submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on September 12, 1980 adding a new regulation 310 CMR 7.19 “Interim Sulfur-in-Fuel Limitations for Fossil Fuel Utilization Facilities Pending Conversion to an Alternate Fuel or Implementation of Permanent Energy Conservation Measures.”

    (38) A variance of Regulation 310 CMR 7.05(1)(d)(2) “Sulfur Control of Fuels and Control Thereof” for the Metropolitan Boston Air Pollution Control District, submitted on November 25, 1980, by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (39) Revisions to meet the requirements of Part D and certain other sections of the Clean Air Act, as amended, for making a commitment to public transportation in the Boston urban region which were submitted on July 9, 1981 and on July 30, 1981.

    (40) Regulations 310 CMR (14), (15), and (16), for paper, fabric, and vinyl surface coaters to meet the requirements of Part D for ozone were submitted by the Governor of Massachusetts on March 6, 1981.

    (41) A revision to Regulation 7.05(1)(c) “Sulfur Content of Fuels Control Thereof for the Merrimack Valley Air Pollution Control District” allowing the burning of higher sulfur content fuel oil at Haverhill Paperboard Corporation, Haverhill.

    (42) Regulation 310 CMR 7.18(2)(b), to allow existing surface coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10), (11), (12), (14), (15) and (16) to bubble emissions to meet the requirements of Part D for ozone was submitted by the Governor on March 6, 1981, and a letter clarifying state procedures was submitted on November 12, 1981. The emission limitations required by the federally-approved portion of 310 CMR 7.18 are the applicable requirements of the Massachusetts SIP for the purpose of section 113 of the Clean Air Act and shall be enforceable by EPA and by citizens in the same manner as other requirements of the SIP; except that emission limitations adopted by the state under and which comply with 310 CMR 7.18(2)(b) and the procedures set out in the letter of November 12, 1981 shall be the applicable requirements of the Massachusetts SIP in lieu of those contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and by citizens.

    (43) A revision to Regulation 7.05(1)(d) “Sulfur Content of Fuels and Control Thereof for the Metropolitan Boston Air Pollution Control District” allowing the burning of higher sulfur content fuel oil at Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

    (44) The Massachusetts Department of Environmental Quality Engineering submitted an updated VOC emissions inventory on September 3, 1981, and the procedures to annually update this inventory on November 4, 1981.

    (45) A revision to Regulation 7.05(1)(e) “Sulfur Content of Fuels and Control Thereof for the Pioneer Valley Air Pollution Control District” allowing the burning of higher sulfur content fuel oil at the Holyoke Gas and Electric Department, Holyoke.

    (46) A revision submitted on December 29, 1981 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning of higher sulfur content fuel oil at the ATF Davidson Company, Northbridge, until December 1, 1983.

    (47) Regulation 310 CMR 7.18(10) for metal coil coating was submitted on June 24, 1980 by the Commissioner of the Department of Environmental Quality Engineering, in order to meet Part D requirements for ozone.

    (48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous Metal Parts and Products and (12), Graphic Arts—Rotogravure and Flexography with test methods; and (13) Perchloroethylene Dry Cleaning Systems without test methods, were submitted on July 21, 1981 and March 10, 1982 by the Department of Environmental Quality Engineering to meet Part D requirements for ozone attainment.

    (49) A revision to Regulation 7.17 “Conversions to Coal” submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on January 22, 1982 specifying the conditions under which coal may be burned at the Holyoke Water Power Company, Mount Tom Plant, Holyoke, Massachusetts.

    (50) [Reserved]

    (51) A revision submitted on September 29, 1982 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning of fuel oil having a sulfur content of 0.55 pounds per million Btu heat release potential at the Northeast Petroleum Corporation, Chelsea, Massachusetts.

    (52) A revision submitted on September 28, 1982 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning of higher sulfur content fuel oil at the Polaroid Corporation for a period of up to 30 months commencing on December 1, 1982.

    (53)(i) Attainment plans for carbon monoxide and ozone submitted by the Department of Environmental Quality Engineering on September 9, November 2 and November 17, 1982; February 2, March 21, April 7, April 26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)-(7), (9)-(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)-(14), and 540 CMR 4.00.

    (ii) Regulation 310 CMR 7.18(3) for the surface coating of metal furniture submitted on September 9, 1982 as part of the attainment plan identified in § 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).

    (iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning systems submitted on September 9, 1982 as part of the attainment plan identified in section 52.1120(53)(i), is amended by adding EPA test methods to the no action identified in 52.1120(48).

    (54) On February 8, 1983, the Massachusetts Department of Environmental Quality Engineering submitted a source specific emission limit in the letter of approval to the Esleeck Manufacturing Company, Inc., Montague, allowing the Company to burn fuel oil having a maximum sulfur content of 1.21 pounds per million Btu heat release potential provided the fuel firing rate does not exceed 137.5 gallons per hour.

    (55) A revision to exempt the Berkshire Air Pollution Control District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25, 1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control of the Department of Environmental Quality Engineering.

    (56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum liquid storage in external floating roof tanks submitted on December 2, 1983.

    (57) Revisions to the State's narrative, entitled New Source Regulations on page 117 and 118, the regulatory definitions of BACT, NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13), submitted by Anthony D. Cortese, Commissioner, in August, 1982 and received on September 9, 1982.

    (58) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 7, 1991, November 13, 1992 and February 17, 1993.

    (i) Incorporation by reference.

    (A) Letters from the Massachusetts Department of Environmental Protection dated June 7, 1991, November 13, 1992 and February 17, 1993 submitting revisions to the Massachusetts State Implementation Plan.

    (B) Amendments and additions to 310 CMR 7.00 submitted on June 7, 1991 and effective on April 12, 1991.

    (C) Amendments and additions to 310 CMR 7.00 submitted on June 7, 1991 and effective on June 21, 1991.

    (D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992 and February 17, 1993 and effective on February 12, 1993.

    (ii) Additional materials.

    (A) Nonregulatory portions of the state submittal.

    (59) A revision submitted on May 3, 1983, allowing the burning of 2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility in Uxbridge, Massachusetts for a period of up to 30 months, commencing on March 23, 1984.

    (60) On May 27, 1982 and September 9, 1982 the Commissioner of the Massachusetts Department of Environmental Quality Engineering submitted a revised plan for new source review in nonattainment areas. The submittal included 310 CMR Appendix A, “Emission Offsets and Nonattainment Review,” additions to 310 CMR 7.00, “General Definitions,” and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5), “Plan Approval and Emission Limitations.”

    (61) A revision submitted on October 31, 1983, allowing the burning of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths facility in Taunton, Massachusetts for a period of up to 30 months, commencing on March 23, 1984.

    (62) A revision submitted on November 16, 1983 allowing the burning of 2.2% sulfur content fuel oil at the ATF Davidson Company in Northbridge, Massachusetts.

    (63) A revision submitted on February 2, 1984, allowing the burning of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in Chelsea, Massachusetts for a period of up to 30 months, commencing on June 15, 1984.

    (64) A revision to the Ozone Attainment Plan was submitted by S. Russell Sylva, Commissioner of the Massachusetts Department of Environmental Quality Engineering on February 14, and May 22, 1985 to control emissions from gasoline tank trucks and bulk terminal vapor recovery systems.

    (i) Incorporation by reference.

    (A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d), “Motor Vehicle Fuel Tank Trucks”, adopted December 1984.

    (B) The May 22, 1985 letter from Massachusetts DEQE, and the enforcement manual submitted and adopted on May 22, 1985, including Method 27, record form, potential leak points, major tank truck leak sources, test procedure for gasoline vapor leak detection procedure by combustible gas detector, instruction manual for Sentox 2 and Notice of Violation.

    (65) A temporary variance to 310 CMR 7.05(1)(d)2 of “Sulfur Content of Fuels and Control Thereof for Metropolitan Boston Air Pollution Control District” submitted on January 6, 1984 to allow for the use of 2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison Company Mystic Station facility in Everett for thirty months commencing on September 25, 1984.

    (66) Attainment and maintenance plans for lead, submitted on July 13 and August 17, 1984 by the Department of Environmental Quality Engineering.

    (67) A revision submitted on July 11, 1984 allowing the burning of 2.2% sulfur content fuel oil at the James River Corporation Hyde Park Mill facility in Boston, Massachusetts for a period of up to 30 months, commencing on September 25, 1984.

    (68) A revision submitted on February 8 and October 23, 1985 allowing the burning of 2.2% sulfur content fuel oil at the Phillips Academy facility in Andover, Massachusetts for a period of up to 30 months, commencing on April 1, 1986.

    (i) Incorporation by reference. (A) Letter from Richard J. Chalpin, Acting Regional Engineer, to Phillips Academy, dated December 27, 1984 allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 30 months from the date of publication), the savings from which will be used to implement permanent energy conservation measures to reduce on-site consumption of petroleum products by at least 50,000 gallons per year (estimated 82,000 gallons per year). At the end of the temporary use period, Phillips Academy will return to the use of 1.0% sulfur fuel oil. The particulate emission rate for the facility will not exceed 0.15 lbs. per million Btu.

    (B) These specific requirements of Regulation 310 CMR 7.19 were agreed to in a Statement of Agreement, signed February 19, 1985.

    (C) Memorandum to Donald C. Squires from Bruce K. Maillet dated October 4, 1985; subject: Response to EPA questions regarding Phillips Academy, outlines the permanent energy conservation measures to be used.

    (69) Revisions to federally approved regulations 310 CMR 7.02(2)(b) and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986 and February 11, 1986 by the Department of Environmental Quality Engineering.

    (i) Incorporation by reference.

    (A) Regulation 310 CMR 7.02(2)(b), Department of Environmental Quality Engineering, Air Pollution Control, is corrected to include the word “major” before the word “modification”.

    (B) Regulation 310 CMR 7.05(4), Department of Environmental Quality Engineering, Air Pollution Control, Ash Content of Fuels.

    (ii) Additional materials.

    (A) The nonregulatory portions of the state submittals.

    (70) A revision submitted on February 19, 1986 allowing the burning of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary Ellen McCormick and Maverick Family Development facilities in Boston, Massachusetts for a period of up to 30 months, commencing on August 12, 1986.

    (i) Incorporation by reference.

    (A) Letters dated August 30, 1985 and July 11, 1985 for the Mary Ellen McCormick and Maverick Family Development Facilities, respectively, from Richard J. Chalpin, Acting Regional Engineer, allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30 months from August 12, 1986, the savings from which will be used to implement permanent energy conservation measures to reduce the on-site consumption of the petroleum products. At the end of the temporary use period, the Boston Housing Authority, Mary Ellen McCormick and Maverick Family Development facilities will return to the use of 0.5% sulfur fuel oil. The particulate emission rate for these facilities will not exceed 0.12 lbs per million BTU.

    (B) Statements of Agreement both signed October 28, 1985 by Doris Bunte, Administrator of Boston Housing Authority.

    (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated January 9, 1986, subject: Decision Memo.

    (71) A revision submitted on May 12, 1986 allowing the burning of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mission Hill Extension Family Development facility in Boston, Massachusetts for a period of up to 30 months, commencing on November 25, 1986.

    (i) Incorporation by reference.

    (A) Letter dated March 5, 1986 for the Mission Hill Extension Family Development facility, from Richard J. Chalpin, Acting Regional Engineer, allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 30 months from the date of publication), the savings from which will be used to implement permanent energy conservation measures to reduce the on-site consumption of petroleum products. At the end of the temporary use period, the Boston Housing Authority, Mission Hill Extension Family Development facility will return to the use of 0.5% sulfur fuel oil. The particulate emission rate for this facility will not exceed 0.12 lbs per million Btu.

    (B) Statements of Agreement signed April 4, 1986 by Doris Bunte, Administrator of Boston Housing Authority.

    (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April 18, 1986, subject: Decision Memo.

    (72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6; 7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986 and January 15, 1987, by the Department of Environmental Quality Engineering (DEQE).

    (i) Incorporation by reference. (A) Regulation 310 CMR 7.02(2)(b) 4, 5, and 6 are amended and became effective on February 6, 1987.

    (B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective on February 6, 1987.

    (C) Regulation 310 CMR 7.02(12)(d) is amended and became effective on February 6, 1987.

    (D) Regulations 310 CMR 7.14 (2) and (3) are added and became effective on February 6, 1987.

    (E) The Commonwealth of Massachusetts Regulation Filing document dated January 15, 1987 is provided and states that these regulatory changes became effective on February 6, 1987.

    (ii) Additional materials. The nonregulatory portions of the state submittals.

    (73) Revisions to the State Implementation Plan submitted by the Commonwealth of Massachusetts on February 21, February 25, and June 23, 1986.

    (i) Incorporation by reference.

    (A) A letter from the Commonwealth of Massachusetts Department of Environmental Quality Engineering dated February 21, 1986 and amendments to 310 CMR 7.00 and 310 CMR 7.18 of the Regulations for the control of Air Pollution in the Berkshire, Central Massachusetts, Merrimack Valley, Metropolitan Boston, Pioneer Valley and Southeastern Massachusetts Air Pollution Control Districts.

    (B) A letter from the Commonwealth of Massachusetts Department of Environmental Quality Engineering (DEQE), dated June 23, 1986 and the Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin Manufacturing, dated February 1986.

    (C) A Regulation Filing and Publication document from the Commonwealth of Massachusetts Department of Environmental Quality Engineering, dated February 25, 1986.

    (ii) Additional materials.

    (A) Nonregulatory portions of the state submittals.

    (74) Revisions to the State Implementation Plan were submitted by the Commissioner of the Department of Environmental Quality Engineering on November 5, 1986 and December 10, 1986.

    (i) Incorporation by reference.

    (A) Letter dated November 5, 1986 from the Massachusetts Department of Environmental Quality Engineering (DEQE) submitting revisions to the State Implementation Plan for EPA approval.

    (B) Letter from the Massachusetts DEQE dated December 10, 1986, which states that the effective date of Regulations 310 CMR 7.00, “Definitions” and 310 CMR 7.18(19), “Synthetic Organic Chemical Manufacture,” is November 28, 1986.

    (C) Massachusetts’ Regulation 310 CMR 7.18(19) entitled, “Synthetic Organic Chemical Manufacture,” and amendments to 310 CMR 7.00, “Definitions,” effective in the Commonwealth of Massachusetts on November 28, 1986.

    (ii) Additional materials.

    (A) Nonregulatory portions of the State submittal.

    (75) [Reserved]

    (76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17) submitted by the Department of Environmental Quality Engineering on September 20, 1988.

    (i) Incorporation by reference.

    (A) Amendment to Regulation 310 CMR 7.18(2)(e)—effective July 22, 1988.

    (B) Amendments to Regulation 310 CMR 7.18(17)(d)—effective July 22, 1988.

    (C) A Regulation Filing and Publication document from the Commonwealth of Massachusetts Department of Environmental Quality Engineering dated July 5, 1988 which states that the effective date of the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d), incorporated above, is July 22, 1988.

    (ii) Additional materials.

    (A) Nonregulatory portions of the state submittal.

    (77) Revisions to federally approved regulation 310 CMR 7.05(1) submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November 25, 1987 by the Department of Environmental Quality Engineering approving sulfur-in-fuel limitations for the following sources: American Fiber and finishing Company (formerly known as Kendall Company), Colrain; Erving Paper company, Erving; and Westfield River Paper Company, Russell.

    (i) Incorporation by reference. (A) Letters dated October 14, 1987 for the American Fiber and Finishing Company, Erving Paper Company, and Westfield River Paper Company facilities from Stephen F. Joyce, Deputy Regional Environmental Engineer, Department of Environmental Quality Engineering.

    (B) Statements of agreement signed November 6, 1987 by Schuyler D. Bush, Vice President of Erving Paper Company; 1987 by Francis J. Fitzpatrick, President of Westfield River Paper Company; and November 16, 1987 by Robert Young, Vice President of American Fiber and Finishing Company.

    (78) Revisions to federally approved regulation 310 CMR 7.02(12) submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by the Department of Environmental Quality Engineering, limiting the volatility of gasoline from May 1 through September 15, beginning 1989 and continuing every year thereafter, including any waivers to such limitations that Massachusetts may grant. In 1989, the control period will begin on June 30.

    (i) Incorporation by reference.

    (A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled, “gasoline Reid Vapor Pressure (RVP),” and amendments to 310 CMR 7.00, “Definitions,” effective in the Commonwealth of Massachusetts on May 11, 1988.

    (B) Massachusetts Emergency Regulation Amendment to 310 CMR 7.02(12)(e) 2.b entitled “gasoline Reid Vapor Pressure” effective in the Commonwealth of Massachusetts on April 11, 1989, with excerpt from the Manual for Promulgating Regulations, Office of the Secretary of State.

    (79) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 4, 1988 and July 16, 1989 which define and impose reasonably available control technology to control volatile organic compound emissions from Monsanto Chemical Company in Indian Orchard, Massachusetts.

    (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan.

    (B) A final RACT Compliance Plan Conditional Approval issued to Monsanto Chemical Company by the Massachusetts Department of Environmental Protection, dated and effective June 20, 1989.

    (ii) Additional materials. (A) Nonregulatory portions of the state submittal.

    (80) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 18, 1989.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Amendments to the Conditional Plan Approval dated and effective July 12, 1989 and the Conditional Plan Approval dated and effective October 7, 1985 imposing reasonably available control technology on Spalding Sports Worldwide in Chicopee, Massachusetts.

    (81) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Quality Engineering on July 18, 1989.

    (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Quality Engineering dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan.

    (B) RACT Approval Addendum for Cranston Print Works Company, Webster Division Facility in Webster, Massachusetts dated and effective June 20, 1989.

    (ii) Additional materials. Nonregulatory portions of the State submittal.

    (82) Revision to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection August 8, 1989.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated August 8, 1989 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Amended Conditional Plan Approval (SM-85-168-IF) dated and effective August 1, 1989 and an Amendment to the Amended Conditional Plan Approval (SM-85-168-IF Revision) dated and effective August 8, 1989 imposing reasonably available control technology on Duro Textile Printers, Incorporated in Fall River, Massachusetts.

    (83) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 24, 1989 and October 16, 1989 regulating gasoline volatility.

    (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated October 16, 1989 and a revision to the Massachusetts State Implementation Plan containing revised Massachusetts gasoline Reid Vapor Pressure regulation 310 CMR 7.24(5)(b)2, effective September 15, 1989.

    (84) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 27, 1982, June 22, 1987, and December 27, 1989.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated August 27, 1982, submitting a revision to the Massachusetts State Implementation Plan.

    (B) Amendments to 310 CMR 7.00, “Definitions” effective in the Commonwealth of Massachusetts on June 18, 1982 which add the definitions of the terms “stationary source” and “building, structure, facility, or installation.”

    (ii) Additional materials.

    (A) Letter from the Massachusetts Department of Environmental Protection dated June 22, 1987 certifying that it did not rely on a dual definition in its attainment demonstration.

    (B) Letter from the Massachusetts Department of Environmental Protection dated December 27, 1989 submitting additional assurances that it is making reasonable efforts to develop a complete and approve SIP.

    (C) Nonregulatory portions of the submittal.

    (85) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 28, 1989.

    (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated November 28, 1989 submitting a revision to the Massachusetts State Implementation Plan.

    (B) A Plan Approval 4P89005 Correction dated and effective November 17, 1989 and the Amended Plan Approval, 4P89005 dated and effective October 19, 1989 imposing reasonably available control technology on Boston Whaler Inc., in Norwell, Massachusetts.

    (ii) Additional materials. (A) Nonregulatory portions of the State submittal.

    (86) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 28, 1989.

    (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated November 28, 1989 submitting a revision to the Massachusetts State Implementation Plan.

    (B) A Plan Approval 4P89006 Correction dated and effective November 17, 1989 and the Amended Plan Approval (4P89006) dated and effective October 19, 1989 imposing reasonably available control technology on Boston Whaler Inc. in Rockland, Massachusetts.

    (ii) Additional materials. (A) Nonregulatory portions of the State submittal.

    (87) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 20, 1989.

    (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated November 20, 1989 submitting a revision to the Massachusetts State Implementation Plan.

    (B) 2nd Amendment to the Final Approval/RACT Approval for the Philips Lighting Company dated November 2, 1989.

    (ii) Additional materials. (A) Nonregulatory portions of the State submittal.

    (88) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 13, 1990.

    (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated June 13, 1990 submitting a revision to the Massachusetts State Implementation Plan.

    (B) An Amended Plan Approval dated and effective June 1, 1990 imposing reasonably available control technology on Acushnet Company, Titleist Golf Division, Plant A in New Bedford, Massachusetts.

    (ii) Additional materials. (A) Nonregulatory portions of the State submittal.

    (89) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 9, 1990.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated July 9, 1990 submitting a revision to the Massachusetts State Implementation Plan.

    (B) An Amended Plan Approval dated and effective June 8, 1990 imposing reasonably available control technology on General Motors Corporation in Framingham, Massachusetts.

    (ii) Additional materials.

    (A) Nonregulatory portions of the State submittal.

    (90) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on October 25, 1990 which define and impose RACT to control volatile organic compound emissions from Erving Paper Mills in Erving, Massachusetts.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated October 25, 1990 submitting a revision to the Massachusetts State Implementation Plan.

    (B) A conditional final plan approval issued by the Massachusetts Department of Environmental Protection to Erving Paper Mills dated and effective October 16, 1990.

    (91) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on April 22, 1991 which clarify the requirements of RACT to control volatile organic compound emissions from Erving Paper Mills in Erving, Massachusetts.

    (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated April 22, 1991 submitting a revision to the Massachusetts State Implementation Plan.

    (B) A conditional final plan approval amendment issued by the Massachusetts Department of Environmental Protection to Erving Paper Mills dated and effective April 16, 1991. This amended conditional plan approval amends the October 16, 1990 conditional plan approval incorporated at paragraph (c)(90) of this section.

    (92) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 17, 1989, June 7, 1991 and December 17, 1991.

    (i) Incorporation by reference.

    (A) Letters from the Massachusetts Department of Environmental Protection dated August 17, 1989 and June 7, 1991 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Portions of regulation 310 CMR 7.18(7) for automobile surface coating as submitted on August 17, 1989 effective in the Commonwealth of Massachusetts on September 15, 1989.

    (C) Portions of regulation 310 CMR 7.18(7) for automobile surface coating as submitted on June 7, 1991 effective in the Commonwealth of Massachusetts on June 21, 1991.

    (ii) Additional materials.

    (A) A letter dated December 17, 1991 from the Massachusetts Department of Environmental Protection withdrawing the emission limit for the Primer-surfacer application from the June 7, 1991 submittal.

    (B) Nonregulatory portions of state submittal.

    (93) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 27, 1982, June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7, 1991 and December 17, 1991.

    (i) Incorporation by reference.

    (A) Letters from the Massachusetts Department of Environmental Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and June 7, 1991, submitting revisions to the Massachusetts State Implementation Plan.

    (B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and effective on September 16, 1982.

    (C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985 and effective on September 30, 1984.

    (D) Amendments to portions of 310 CMR 7.00 submitted on August 17, 1989 and effective September 15, 1989.

    (E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 and effective on April 12, 1991.

    (F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 and effective on June 21, 1991.

    (ii) Additional materials.

    (A) A letter from the Massachusetts Department of Environmental Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00: Appendix B.

    (B) A letter from the Massachusetts Department of Environmental Quality Engineering dated March 6, 1985 submitting additional information on 310 CMR 7.00: Appendix B and referencing 310 CMR 7.18(2)(b).

    (C) A letter dated December 17, 1991 from the Massachusetts Department of Environmental Protection withdrawing the emission limit for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June 7, 1991 submittal.

    (D) Nonregulatory portions of state submittal.

    (94) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 4, 1989, December 6, 1989 and March 23, 1990.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated August 4, 1989, December 6, 1989 and March 23, 1990 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Massachusetts’ Air Pollution Control Regulations 310 CMR 7.30 (excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, “MB Massport/Logan Airport Parking Freeze” and “MB City of Boston/East Boston Parking Freeze” respectively, effective in the State of Massachusetts on 11/24/89, and technical amendments to that regulation submitted by the Massachusetts Department of Environmental Protection on March 23, 1990, effective 3/30/90.

    (ii) Additional materials.

    (A) Appendix 5D, Baseline and Future Case CO Compliance Modeling, dated June 1986.

    (B) Policy Statement Regarding the Proposed Amendment to the Logan Airport Parking Freeze, dated November 14, 1988.

    (95) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection of May 15, 1991.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated May 15, 1992 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Final Plan Approval No. 4P89051, dated and effective May 13, 1991 imposing reasonably available control technology on Dartmouth Finishing Corporation, New Bedford, Massachusetts.

    (96) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 30, 1991.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated January 30, 1991 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Massachusetts Regulation 310 CMR 7.38, entitled “Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District,” and amendment to 310 CMR 7.00, entitled “Definitions,” effective in the Commonwealth of Massachusetts on January 18, 1991.

    (97) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on May 17, 1990, July 5, 1990, June 7, 1991, and April 21, 1992.

    (i) Incorporation by reference.

    (A) Letters from the Massachusetts Department of Environmental Protection, dated May 17, 1990 and June 7, 1991, submitting a revision to the Massachusetts State Implementation Plan.

    (B) Definition of “motor vehicle fuel,” “motor vehicle fuel dispensing facility,” “substantial modification,” and “vapor collection and control system,” added to 310 CMR 7.00 and effective in the Commonwealth of Massachusetts on October 27, 1989.

    (C) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the Commonwealth of Massachusetts on October 27, 1989.

    (D) Amendments to 310 CMR 7.24(6)(b) “Dispensing of Motor Vehicle Fuel” and to the definition of “substantial modification” in 310 CMR 7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.

    (E) Amendment to the definition of “motor vehicle fuel dispensing facility” in 310 CMR 7.00, effective in the Commonwealth of Massachusetts on April 12, 1991.

    (ii) Additional materials.

    (A) Letter from the Massachusetts Department of Environmental Protection, dated July 5, 1990, requesting the withdrawal of amendments to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in Berkshire County from the SIP revision package submitted on May 17, 1990.

    (B) Letter from the Massachusetts Department of Environmental Protection, dated April 21, 1992, submitting an implementation policy statement regarding its Stage II program. This policy statement addresses the installation of California Air Resources Board (CARB) certified systems, Stage II testing procedures, and defects in State II equipment.

    (C) Nonregulatory portions of the submittal.

    (98) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 13, 1992, January 15, 1993, and February 17, 1993.

    (i) Incorporation by reference.

    (A) Letters from the Massachusetts Department of Environmental Protection dated November 13, 1992, January 15, 1993, and February 17, 1993, submitting a revision to the Massachusetts State Implementation Plan.

    (B) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the State of Massachusetts on February 12, 1993.

    (ii) Additional materials.

    (A) Nonregulatory portions of the submittal.

    (99) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 3, 1990 and August 26, 1992 which define and impose reasonably available control technology to control volatile organic compound emissions from S. Bent & Brothers in Gardner, Massachusetts.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated August 26, 1992 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Final Air Quality Approval RACT issued to S. Bent by the Massachusetts Department of Environmental Protection dated and effective May 22, 1992.

    (ii) Additional materials

    (A) Letter from the Massachusetts Department of Environmental Protection dated November 3, 1990 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Final Air Quality Approval RACT issued to S. Bent by the Massachusetts Department of Environmental Protection dated and effective October 17, 1990.

    (C) Nonregulatory portions of the November 3, 1990 and August 26, 1992 state submittals.

    (100) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 19, 1993.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated July 19, 1993 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Plan approval no. C-P-93-011, effective June 30, 1993, which contains emissions standards, operating conditions, and recordkeeping requirements applicable to Nichols & Stone Company in Gardner, Massachusetts.

    (ii) Additional materials.

    (A) Letter dated October 27, 1993 from Massachusetts Department of Environmental Protection submitting certification of a public hearing.

    (101) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 9, 1991.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated December 9, 1991 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Massachusetts Regulation 310 CMR 7.36, entitled “Transit System Improvements”, Massachusetts Regulation 310 CMR 7.37, entitled “High Occupancy Vehicle Facilities”, and amendments to 310 CMR 7.00, entitled “Definitions,” effective in the Commonwealth of Massachusetts on December 6, 1991.

    (102)[Reserved]

    (103) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 15, 1993 and May 11, 1994, substituting the California Low Emission Vehicle program for the Clean Fuel Fleet program.

    (i) Incorporation by reference.

    (A) Letters from the Massachusetts Department of Environmental Protection dated November 15, 1993 and May 11, 1994, submitting a revision to the Massachusetts State Implementation Plan which substitutes the California Low Emission Vehicle program for the Clean Fuel Fleet program.

    (B) A regulation dated and effective January 31, 1992, entitled “U Low Emission Vehicle Program”, 310 CMR 7.40.

    (C) Additional definitions to 310 CMR 7.00 “Definitions” (dated and effective 1/31/92) to carry out the requirements set forth in 310 CMR 7.40.

    (ii) Additional materials.

    (A) Additional nonregulatory portions of the submittal.

    (104) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on March 31, 1994.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated March 31, 1994 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Final Plan Approval No. 4P92012, dated and effective March 16, 1994 imposing reasonably available control technology on Brittany Dyeing and Finishing of New Bedford, Massachusetts.

    (ii) Additional materials.

    (A) Nonregulatory portions of the submittal.

    (105) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 6, 1994.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated June 6, 1994 submitting a revision to the Massachusetts State Implementation Plan.

    (B) 310 CMR 7.02(12) “U Restricted Emission Status” effective in the Commonwealth of Massachusetts on February 25, 1994.

    (ii) Additional materials.

    (A) Nonregulatory portions of the submittal.

    (106) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 28, 1990, September 30, 1992, and July 15, 1994.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection, dated June 28, 1990, submitting a revision to the Massachusetts State Implementation Plan.

    (B) Letter from the Massachusetts Department of Environmental Protection, dated September 30, 1992, submitting a revision to the Massachusetts State Implementation Plan.

    (C) Letter from the Massachusetts Department of Environmental Protection, dated July 15, 1994, submitting a revision to the Massachusetts State Implementation Plan.

    (D) Regulation 310 CMR 7.12 entitled “Inspection Certification Record Keeping and Reporting” which became effective on July 1, 1994.

    (ii) Additional materials.

    (A) Nonregulatory portions of submittal.

    (B) Letter from the Massachusetts Department of Environmental Protection, dated December 30, 1994, assuring EPA that the data elements noted in EPA's December 13, 1994 letter were being incorporated into the source registration forms used by Massachusetts emission statement program.

    (ii) Additional materials.

    (A) Nonregulatory portions of submittal.

    (107) Massachusetts submitted the Oxygenated Gasoline Program on October 29, 1993. This submittal satisfies the requirements of section 211(m) of the Clean Air Act, as amended.

    (i) Incorporation by reference.

    (A) Letter dated October 29, 1993 which included the oxygenated gasoline program, amendments to the Massachusetts Air Pollution Control Regulations, 310 CMR 7.00, with an effective date of March 1, 1994, requesting that the submittal be approved and adopted as part of Massachusetts’ SIP.

    (ii) Additional materials.

    (A) The Technical Support Document for the Redesignation of the Boston Area as Attainment for Carbon Monoxide submitted on December 12, 1994.

    (108) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 9, 1995.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated January 9, 1995 submitting a revision to the Massachusetts State Implementation Plan.

    (B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on November 18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best Available Controls for Consumer and Commercial Products.

    (109) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 9, 1995.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection, dated January 9, 1995, submitting a revision to the Massachusetts State Implementation Plan.

    (B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on December 16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28) Automotive Refinishing.

    (110) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on March 29, 1995.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated March 29, 1995 submitting a revision to the Massachusetts State Implementation Plan.

    (B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on January 27, 1995: 310 Code of Massachusetts Regulations Section 7.18(29), Bakeries.

    (111) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 30, 1993.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated July 30, 1993 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33, entitled “City of Boston/South Boston Parking Freeze,” and the following amendments to 310 CMR 7.00, entitled “Definitions,” which consist of adding or amending four definitions; motor vehicle parking space; off-peak parking spaces; remote parking spaces; and restricted use parking, effective in the Commonwealth of Massachusetts on April 9, 1993.

    (112) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 9, 1994, and April 14, 1995, concerning emissions banking, trading, and averaging.

    (i) Incorporation by reference.

    (A) Letters from the Massachusetts Department of Environmental Protection dated February 9, 1994, and March 29, 1995, submitting revisions to the Massachusetts State Implementation Plan.

    (B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1, 1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00 Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR 7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995.

    (ii) Additional materials.

    (A) Letter and attachments from the Massachusetts Department of Environmental Protection dated February 8, 1996, submitting supplemental information concerning the demonstration of balance between credit creation and credit use.

    (113) A revision to the Massachusetts SIP regarding ozone monitoring. The Commonwealth of Massachusetts will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The Commonwealth's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.

    (i) Incorporation by reference.

    (A) Massachusetts PAMS Network Plan, which incorporates PAMS into the ambient air quality monitoring network of State or Local Air Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).

    (ii) Additional material.

    (A) Letter from the Massachusetts Department of Environmental Protection dated December 30, 1993 submitting a revision to the Massachusetts State Implementation Plan.

    (114) The Commonwealth of Massachusetts’ March 27, 1996 submittal for an enhanced motor vehicle inspection and maintenance (I/M) program, as amended on June 27, 1996 and July 29, 1996, and November 1, 1996, is conditionally approved based on certain contingencies, for an interim period to last eighteen months. If the Commonwealth fails to start its program according to schedule, or by November 15, 1997 at the latest, this conditional approval will convert to a disapproval after EPA sends a letter to the state. If the Commonwealth fails to satisfy the following conditions within 12 months of this rulemaking, this conditional approval will automatically convert to a disapproval as explained under section 110(k) of the Clean Air Act.

    (i) The conditions for approvability are as follows:

    (A) The time extension program as described and committed to in the March 3, 1997 letter from Massachusetts must be further defined and submitted to EPA as a SIP revision by no later than one year after the effective date of this interim approval. Another program which meets the requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic Inspection) and provides for no more than a 1% waiver rate would also be approvable.

    (B) Other major deficiencies as described in the proposal must also be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), § 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.

    (ii) In addition to the above conditions for approval, the Commonwealth must correct several minor, or de minimus deficiencies related to CAA requirements for enhanced I/M. Although satisfaction of these deficiencies does not affect the conditional approval status of the Commonwealth's rulemaking granted under the authority of section 110 of the Clean Air Act, these deficiencies must be corrected in the final I/M SIP revision prior to the end of the 18-month interim period granted under the National Highway Safety Designation Act of 1995:

    (A) The SIP lacks a detailed description of the program evaluation element as required under 40 CFR 51.353;

    (B) The SIP lacks a detailed description of the test frequency and convenience element required under 40 CFR 51.355;

    (C) The SIP lacks a detailed description of the number and types of vehicles included in the program as required under 40 CFR 51.356;

    (D) The SIP lacks a detailed information concerning the enforcement process, and a commitment to a compliance rate to be maintained in practice required under 40 CFR 51.361.

    (E) The SIP lacks the details of the enforcement oversight program including quality control and quality assurance procedures to be used to insure the effective overall performance of the enforcement system as required under 40 CFR 51.362;

    (F) The SIP lacks a detailed description of procedures for enforcement against contractors, stations and inspectors as required under 40 CFR 51.364;

    (G) The SIP lacks a detailed description of data analysis and reporting provisions as required under 40 CFR 51.366;

    (H) The SIP lacks a public awareness plan as required by 40 CFR 51.368; and

    (I) The SIP lacks provisions for notifying motorists of required recalls prior to inspection of the vehicle as required by 40 CFR 51.370.

    (iii) EPA is also approving this SIP revision under section 110(k), for its strengthening effect on the plan.

    (115) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on October 17, 1997 and July 30, 1996.

    (i) Incorporation by reference.

    (A) 310 CMR 7.24(8) “Marine Volatile Organic Liquid Transfer” effective in the Commonwealth of Massachusetts on October 5, 1997.

    (B) Definition of “volatile organic compound” in 310 CMR 7.00 “Definitions” effective in the Commonwealth of Massachusetts on June 28, 1996.

    (C) Definition of “waterproofing sealer” in 310 CMR 7.25 “Best Available Controls for Consumer and Commercial Products” effective in the Commonwealth of Massachusetts on June 28, 1996.

    (ii) Additional materials

    (A) Nonregulatory portions of the submittal.

    (116) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 9, 2000, September 11, 2000 and July 25, 1995.

    (i) Incorporation by reference.

    (A) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the Commonwealth of Massachusetts on September 29, 2000.

    (B) 310 CMR 7.00 definitions of the following terms associated with 310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on September 29, 2000: “commence operation”; “emergency situation”; “executive order”; “Stage II system”; “substantial modification”; “vacuum assist system”; and “vapor balance system.”

    (C) 310 CMR 7.00 definitions of the following terms associated with 310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on June 30, 1995: “emergency motor vehicle;” and “tank truck.”

    (ii) Additional materials.

    (A) Nonregulatory portions of the submittal.

    (117) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 17, 1993.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated February 17, 1993 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 310 CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), Reasonable available control technology (as it applies to the Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission control plans for implementation of reasonably available control technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR 7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating; 310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26), Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR 7.24(3), Distribution of motor vehicle fuel all effective on February 12, 1993.

    (118) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 19, 1997.

    (i) Incorporation by reference.

    (A) Letter from the Massachusetts Department of Environmental Protection dated December 19, 1997 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Regulation 310 CMR 7.27, NOX Allowance Program, effective on June 27,1997.

    (ii) Additional materials.

    (A) Letter from the Massachusetts Department of Environmental Protection dated March 9, 1998 clarifying the program implementation process.

    (119) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 15, 1994, October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999.

    (i) Incorporation by reference.

    (A) Letters from the Massachusetts Department of Environmental Protection dated July 15, 1994, October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999 submitting revisions to the Massachusetts State Implementation Plan.

    (B) Regulation, 310 CMR 7.19, “Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOX)” as adopted by the Commonwealth of Massachusetts on June 29, 1994 and effective on July 1, 1994.

    (C) Emission Control Plan for Specialty Minerals, Incorporated, in Adams, issued by Massachusetts and effective on June 16, 1995.

    (D) Emission Control Plan for Monsanto Company's Indian Orchard facility in Springfield, issued by Massachusetts and effective on October 28, 1996.

    (E) Emission Control Plan for Turners Falls Limited Partnership/Indeck Energy Services Turners Falls, Inc., in Montague, issued by Massachusetts and effective on March 10, 1998.

    (F) Emission Control Plan for Medusa Minerals Company in Lee, issued by Massachusetts and effective on April 17, 1998.

    (G) Regulation 310 CMR 7.08(2), “Municipal Waste Combustors, adopted on July 24, 1998 and effective on August 21, 1998, excluding the following sections which were not submitted as part of the SIP revision: (a); the definition of “Material Separation Plan” in (c); (d)1; (d)2; (d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2; (g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4; (h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c; (i)2.d; (i)2.e; and (k)3.

    (H) Amendments to regulation 310 CMR 7.19, “Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOX)” as adopted by the Commonwealth of Massachusetts on January 5, 1999 and effective on January 22, 1999.

    (120) [Reserved]

    (121) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 11, 1995 and March 29, 1995.

    (i) Incorporation by reference.

    (A) Definitions of “combustion device,” “leak,” “leaking component,” “lightering or lightering operation,” “loading event,” “marine tank vessel,” “marine terminal,” “marine vessel,” “organic liquid,” and “recovery device” in 310 CMR 7.00 “Definitions” effective in the Commonwealth of Massachusetts on January 27, 1995.

    (ii) Additional materials.

    (A) Nonregulatory portions of the submittal.

    (122) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on May 14, 1999, February 1, 2000 and March 15, 2000.

    (i) Incorporation by reference.

    (A) Regulation 310 CMR 60.02 entitled “Regulations for the Enhanced Motor Vehicle Inspection and Maintenance Program” which became effective on October 1, 1999, and a September 17, 1999, Notice of Correction submitted by the Secretary of State indicating the effective date of the regulations.

    (B) Sections 4.01, 4.02, 4.03, 4.04(1), (2), (3), (5), (15) 4.05(1), (2), (12)(d), (12)(e), (12)(o) 4.07, 4.08, and 4.09 of Regulation 540 CMR 4.00 entitled “Periodic Annual Staggered Safety and Combined Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers and Converter Dollies' which became effective on May 28, 1999.”

    (ii) Additional materials.

    (A) Letters from the Massachusetts Department of Environmental Protection dated May 14, 1999, February 1, 2000, and March 15, 2000, submitting a revision to the Massachusetts State Implementation Plan.

    (B) Test Procedures and Equipment Specifications submitted on February 1, 2000.

    (C) Acceptance Test Protocol submitted on March 15, 2000.

    (123) [Reserved]

    (124) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 19, 1999.

    (i) Incorporation by reference.

    (A) Amendments revising regulatory language in 310 CMR 7.19(13)(b), Continuous Emission Monitoring Systems, which became effective on December 10, 1999.

    (B) Amendments to 310 CMR 7.27, NOX Allowance Program, adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 7.27(15)(e), which became effective December 10, 1999.

    (C) Regulations 310 CMR 7.28, NOX Allowance Trading Program, which became effective on December 10, 1999.

    (ii) Additional materials.

    (A) Letter from the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Department of Environmental Protection dated November 19, 1999, submitting amendment to SIP.

    (B) Background Document and Technical Support for Public Hearings on the Proposed Revisions to the State Implementation Plan for Ozone, July, 1999.

    (C) Supplemental Background Document and Technical Support for Public Hearings on Modifications to the July 1999 Proposal to Revise the State Implementation Plan for Ozone, September, 1999.

    (D) Table of Unit Allocations.

    (125)-(126) [Reserved]

    (127) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 15, 1994 and April 14, 1995.

    (i) Incorporation by reference.

    (A) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, “Emission Offsets and Nonattainment Review,” effective July 1, 1994.

    (B) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, “Emission Offsets and Nonattainment Review” paragraph (3)(g) effective July 1, 1994.

    (ii) Additional materials.

    (A) Letters from the Massachusetts Department of Environmental Protection dated July 15, 1994 and March 29, 1995 submitting revisions to the Massachusetts State Implementation Plan.

    (128)-(129) [Reserved]

    (130) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 8, 2000 and December 26, 2000.

    (i) Incorporation by reference.

    (A) Massachusetts State Regulation 310 CMR 7.30 “Massport/Logan Airport Parking Freeze,” effective in the Commonwealth of Massachusetts on December 22, 2000.

    (B) Massachusetts State Regulation 310 CMR 7.31 “City of Boston/East Boston Parking Freeze,” effective in the Commonwealth of Massachusetts on December 22, 2000.

    (ii) Additional materials.

    (A) Letter from the Massachusetts Department of Environmental Protection dated December 8, 2000 submitting a revision to the Massachusetts State Implementation Plan.

    (B) Letter from the Massachusetts Department of Environmental Protection dated December 26, 2000 submitting the final state certified copies of State regulations 310 CMR 7.30 “Massport/Logan Airport Parking Freeze” and 310 CMR 7.31 “City of Boston/East Boston Parking Freeze.”

    [37 FR 10871, May 31, 1972] Editorial Note:

    For Federal Register citations affecting § 52.1120, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
    § 52.1121 Classification of regions.

    The Massachusetts plan was evaluated on the basis of the following classifications:

    Air quality control region Pollutant Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone Metropolitan Boston Intrastate I I III I I Merrimack Valley-Southern New Hampshire Interstate I I III III III Metropolitan Providence Interstate I I III III III Central Massachusetts Intrastate I II III III III Hartford-New Haven-Springfield Interstate I I III I I Berkshire Intrastate II III III III III [37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 61303, Sept. 16, 1980]
    § 52.1122 [Reserved]
    § 52.1123 Approval status.

    (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.

    (b) The above requirements for continued satisfaction of Part D are fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative commitment to review CTG IIIs issued in the future. Both were submitted on September 9, 1982. Additionally, each individual RACT determination made under 310 CMR 7.18(17) will be submitted as a SIP revision to incorporate the limitation into the SIP, and DEQE will propose regulations for CTG III category controls if the controls are appropriate for the State.

    [45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983]
    § 52.1124 Review of new sources and modifications.

    (a) Revisions to Regulation 310 CMR 7.02(2)(d) submitted on March 30, 1979 are disapproved because they do not satisfy the requirements of § 51.161.

    [39 FR 7281, Feb. 25, 1974, as amended at 40 FR 47495, Oct. 9, 1975; 45 FR 2043, Jan. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29, 1995]
    § 52.1125 Emission inventories.

    (a) The Governor's designee for the Commonwealth of Massachusetts submitted the 1990 base year emission inventories for the Springfield nonattainment area and the Massachusetts portion of the Boston-Lawrence-Worcester ozone nonattainment area on November 13, 1992 as a revision to the State Implementation Plan (SIP). Revisions to the inventories were submitted on November 15, 1993, and November 15, 1994, and March 31, 1997. The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for these areas.

    (b) The inventories are for the ozone precursors which are volatile organic compounds, nitrogen oxides, and carbon monoxide. The inventories covers point, area, non-road mobile, on-road mobile, and biogenic sources.

    (c) Taken together, the Springfield nonattainment area and the Massachusetts portion of the Boston-Lawrence-Worcester nonattainment area encompass the entire geographic area of the State. Both areas are classified as serious ozone nonattainment areas.

    [62 FR 37514, July 14, 1997]
    § 52.1126 Control strategy: Sulfur oxides.

    (a) The revisions to the control strategy resulting from the modification to the emission limitations applicable to the sources listed below or resulting from the change in the compliance date for such sources with the applicable emission limitation is hereby approved. All regulations cited are air pollution control regulations of the State, unless otherwise noted. (See § 52.1125 for compliance schedule approvals and disapprovals pertaining to one or more of the sources listed below.)

    Source Location Regulation involved Date of adoption Deerfield Specialty Papers, Inc Monroe Bridge 5.1.2 Oct. 17, 1972. Hollingsworth & Vose Co East Walpole 5.1.2 June 29, 1972. Pepperell Paper Co Pepperell 5.1.2 Nov. 29, 1972. Stevens Paper Mills, Inc Westfield and South Hadley 5.1.2 July 27, 1972. Tileston and Hollingsworth Co Hyde Park 5.1.1 Nov. 21, 1972. All sources in Berkshire APCD 5.1.2 Do.

    (b)(1) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) for the Pioneer Valley Air Pollution Control District, which allows a relaxation of sulfur in fuel limitations under certain conditions, is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulate that sources are required to burn residual fuel oil having a sulfur content not in excess of 0.55 pounds per million Btu heat release potential (approximately equivalent to 1 percent sulfur content.)

    Deerfield Specialty Paper Company, Monroe Bridge; Amherst College, Amherst; Brown Company, Holyoke; Monsanto Polymer and Petrochemical Company, Building 21, Springfield; Monsanto Polymer and Petrochemical Company, Building 49, Springfield; Mount Holyoke College, South Hadley; Uniroyal Tire Inc., Chicopee; Smith College, Northampton; West Springfield Generating Station, Western Massachusetts Electric, West Springfield. Pioneer Valley APCD Belchertown State School, Belchertown James River Graphics (formerly Scott Graphics), south Hadley (conditioned upon operation of the boilers on only one of the two stacks at any given time, and operation being so restricted in the source's operating permit granted by the Massachusetts Department of Environmental Quality Engineering.) Massachusetts Mutual Life Insurance Company, Springfield. Northampton State Hospital, Northampton. Springfield Technical Community College, Springfield. Stanley Home Products, Easthampton. Stevens Elastomeric Industries, Easthampton. Ware Industries, Ware. Westfield State College, Westfield. Westover Air Force Base (Building 1411), Chicopee. University of Massachusetts, Amherst. Mount Tom Generating Station, Holyoke.

    (2) Massachusetts Regulation 310 CMR 7.05(1)(e)(3) for Pioneer Valley, as submitted on March 2, 1979, and May 5, 1981, which allows sources in Hampshire and Franklin Counties rated at less than 100 million Btu per hour heat input capacity to burn fuel oil having a sulfur content of not more than 1.21 pounds per million Btu heat release potential (approximately equivalent to 2.2% sulfur content) is approved for all such sources with the exception of:

    Strathmore Paper Co., Montague.

    (c) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) which allows a relaxation of sulfur in fuel limitations for the Central Massachusetts Air Pollution Control District, except in the City of Worcester, is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulate that sources are required to burn residual fuel oil having a sulfur content not in excess of 0.55 pounds per million BTU heat release potential (approximately equivalent to 1 percent sulfur content fuel oil).

    American Optical Company, Southbridge, Wyman Gordon Company, Grafton, James River—Massachusetts Inc., Fitchburg, Fitchburg Paper Company, Fitchburg (only boilers which emit through the 55 meter stack). Central Massachusetts APCD Borden, Inc., Chemical Division, Leominster (conditioned upon first completing construction of new stack and certification of completion to the EPA by the Massachusetts Department of Environmental Quality Engineering.). Gardner State Hospital, Gardner. Grafton State Hospital, Grafton. Haywood-Shuster Woolen, E. Douglas. Cranston Prints Works, Webster. Baldwinville products, Templeton—(conditioned upon first completing construction of new stack, and certification of completion to the EPA by the Massachusetts Department of Environmental Quality Engineering.).

    (d) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) for the Southeastern Massachusetts Air Pollution Control District, which allows a relaxation of sulfur in fuel limitations under certain conditions is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulate that sources are required to burn residual fuel oil having a sulfur content not in excess of 0.55 pounds per million Btu heat release potential (approximately equivalent to 1 percent sulfur content.)

    New England Power Company, Brayton Point Station, Somerset; Montaup Electric Company, Somerset Station, Somerset (limited to 75% capacity while burning higher sulfur fuels.) Canal Electric Company, Sandwich; Taunton Municipal Lighting Plant, Somerset Avenue, Taunton. Southeastern Massachusetts APCD L&O Realty Trust, Taunton. New Bedford Gas and Electric, New Bedford. Texas Instruments, Attleboro. Arkwright Finishing Incorporated, Fall River. Foster Forbes Glass Company, Milford. Owens Illinois Inc., Mansfield. Harodite Finishing Corporation, Dighton—(conditioned upon prior removal of rain-caps from stack, and certification of completion to the EPA by the Massachusetts Department of Environmental Quality Engineering.) Polaroid Corporation, New Bedford.

    (e) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) for the Merrimack Valley Air Pollution Control District, excluding the City of Lawrence and the towns of Andover, Methuen, and North Andover, which allows a relaxation of sulfur in fuel limitations under certain conditions, is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulates that sources are required to burn residual fuel oil having a sulfur content not in excess of 0.55 pounds per million Btu heat release potential (approximately equivalent to 1 percent sulfur content).

    Hollingsworth and Vose, West Groton; James River Paper, Pepperell; Haverhill Paperboard Corp., Haverhill. Residual oil burning facilities less than 100 million Btu's per hour heat input capacity, except in the City of Lawrence, and Towns of Andover, Methuen, and North Andover.

    (f) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) for the Metropolitan Boston Air Pollution Control District, which allows a relaxation of sulfur in fuel limitations under certain conditions, is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulate that sources in Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Newton, Somerville, Waltham, and Watertown (the Boston Core Area) are limited to burn fuel with a sulfur content not in excess of 0.28 pounds per million Btu heat release potential (approximately 0.5% sulfur content residual oil; sources in the remaining APCD are limited to burn fuel with a sulfur content not in excess of 0.55 pounds per million Btu heat release potential (approximately 1% sulfur content residual oil).

    Metropolitan Boston APCD General Motors, Framingham. Polaroid Corporation, Norwood. Bird and Son, East Walpole. Massachusetts Correctional Institute, South Walpole. Bridgewater State College, Bridgewater. Hanscom Field, Bedford. Wellesley College, Wellesley. National Tanning and Trading, Peabody. General Tire, Reading. General Food Corporation, Atlantic Gelatin, Woburn. Massachusetts Correctional Institute, Bridge-water. W. R. Grace, Acton. Massachusetts Correctional Institute, Concord. Danvers State Hospital, Danvers. New England Power Company, Salem Harbor Station, Salem; Boston Edison, L Street, New Boston Station, Boston; Boston Edison, Mystic Station, Everett; Ventron Corporation, Danvers; General Electric, Lynn River Works, Lynn; U.S.M. Corporation, Beverly; Medfield State Hospital, Medfield; General Dynamics, Quincy; Hollingsworth and Vose, East Walpole; Kendal Company, Walpole; Dennison Manufacturing Company, Framingham. Procter and Gamble Company, Quincy. Natick Paperboard Corporation, Natick. [38 FR 9089, Apr. 10, 1973] Editorial Note:

    For Federal Register citations affecting § 52.1126, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
    § 52.1127 Attainment dates for national standards.

    The following table presents the latest dates by which the national standards are to be attained. The table reflects the new information presented in the approved Massachusetts plan.

    Air quality control region Pollutant SO2 Primary Secondary PM10 NO2 CO O3 AQCR 42: Hartford-New Haven-Springfield Interstate Area (See 40 CFR 81.26) (a) (b) (a) (a) (a) (d) AQCR 117: Berkshire Intrastate Area (See 40 CFR 81.141) (a) (b) (a) (a) (a) (d) AQCR 118: Central Mass Intrastate Area (See 40 CFR 81.142) (a) (b) (a) (a) (a) (c) AQCR 119: Metropolitan Boston Intrastate Area (See 40 CFR 81.19) (a) (b) (a) (a) (a) (c) AQCR 120: Metropolitan Providence Interstate Area (See 40 CFR 81.31) (a) (b) (a) (a) (a) (c) AQCR 121: Merrimack Valley-Southern NH Interstate Area (See 40 CFR 81.81) (a) (b) (a) (a) (a) (c) a. Air quality levels presently below primary standards or area is unclassifiable. b. Air quality levels presently below secondary standards or area is unclassifiable. c. November 15, 1999. d. December 31, 2003. [45 FR 61303, Sept. 16, 1980 as amended at 46 FR 33524, June 30, 1981; 66 FR 693, Jan. 3, 2001; 67 FR 7278, Feb. 19, 2002]
    § 52.1128 Transportation and land use controls.

    (a) For purposes of this subpart, the definitions herein are applicable.

    (b) Definitions:

    (1) Register as applied to a motor vehicle, means the licensing of such motor vehicle for general operation on public roads or highways by the appropriate agency of the Federal Government or by the Commonwealth.

    (2) Boston Intrastate Region means the Metropolitan Boston Intrastate Air Quality Control Region, as defined in § 81.19 of this part.

    (3) [Reserved]

    (4) Freeze area means that portion of the Boston Intrastate Region enclosed within the following boundaries:

    The City of Cambridge; that portion of the City of Boston from the Charles River and the Boston Inner Harbor on north and northeast of pier 4 on Northern Avenue; by the east side of pier 4 to B Street, B Street extension of B Street to B Street, B Street, Dorchester Avenue, and the Preble Street to Old Colony Avenue, then east to the water, then by the water's edge around Columbia Point on various courses generally easterly, southerly, and westerly to the center of the bridge on Morrissey Boulevard, on the east and southeast; then due west to Freeport Street, Freeport Street, Dorchester Avenue, Southeast Expressway, Southampton Street, Reading Street, Island Street, Chadwick Street, Carlow Street, Albany Street, Hunneman Street, Madison Street, Windsor Street, Cabot Street, Ruggles Street, Parker Street, Ward Street, Huntington Avenue, Brookline-Boston municipal boundary, Mountford Street to the Boston University Bridge on the southwest and west; and the Logan International Airport. Where a street or roadway forms a boundary the entire right-of-way of the street is within the freeze area as defined.

    (5) Boston proper means that portion of the City of Boston, Massachusetts, contained within the following boundaries: The Charles River and Boston Inner Harbor on the northwest, north, and northeast, the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the Massachusetts Avenue Expressway access branch on the east and southeast, and Massachusetts Avenue on the west. Where a street or roadway forms a boundary, the entire right-of-way of the street is within the Boston proper area as here defined.

    (6) Regional Administrator means the Administrator of Region I of the U.S. Environmental Protection Agency.

    (7) Governor means the Governor of the Commonwealth or the head of such executive office of the Commonwealth as the Governor shall designate as responsible for carrying out specific provisions of this subpart.

    (8) Commonwealth means the Commonwealth of Massachusetts.

    [40 FR 25161, June 12, 1975]
    § 52.1129 Control strategy: Ozone.

    (a) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on April 1, 1999, and supplemented on June 25, 1999 and September 9, 1999. The revisions are for the purpose of satisfying the rate of progress requirements of sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the Springfield, Massachusetts serious ozone nonattainment area.

    (b) Approval—Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 27, 1998, October 1, 1998 and August 13, 1999. The revisions are for the purpose of satisfying the attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act, for the Springfield (Western Massachusetts) serious ozone nonattainment area. The revision establishes an attainment date of December 31, 2003 for the Springfield, Massachusetts serious ozone nonattainment area. This revision establishes motor vehicle emissions budgets for 2003 of 23.77 tons per day of volatile organic compounds (VOC) and 49.11 tons per day of nitrogen oxides ( NOX) to be used in transportation conformity in the Springfield, Massachusetts serious ozone nonattainment area.

    [65 FR 68898, Nov. 15, 2000, as amended at 66 FR 693, Jan. 3, 2001]
    § 52.1130 [Reserved]
    § 52.1131 Control strategy: Particulate matter.

    (a) Revisions to the following regulations submitted on March 30, 1979 are disapproved:

    (1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than 250 million Btu/hr input burning solid fuel.

    (2) Regulation 310 CMR 7.02(9), Table 5.

    [45 FR 2044, Jan. 10, 1980]
    § 52.1132 Control strategy: Carbon Monoxide.

    (a) Approval—On November 13, 1992, the Massachusetts Department of Environmental Protection submitted a revision to the carbon monoxide State Implementation Plan for the 1990 base year emission inventory. The inventory was submitted by the State of Massachusetts to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the carbon monoxide State Implementation Plan.

    (b) 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.

    (c) Approval—On May 25, 2001, the Massachusetts Department of Environmental Protection submitted a revision to the carbon monoxide State Implementation Plan for the 1996 base year emission inventory. The inventory was submitted by the State of Massachusetts to satisfy Federal requirements under section 172(c) of the Clean Air Act as amended in 1990, as a revision to the carbon monoxide State Implementation Plan.

    (d) Approval—On May 25, 2001, the Massachusetts Department of Environmental Protection (MADEP) submitted a request to redesignate the cities of Lowell, Springfield, Waltham, and Worcester from 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 1996 emission inventory for carbon monoxide, a demonstration of maintenance of the carbon monoxide NAAQS with projected emission inventories to the year 2012 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 an area records an exceedance or violation of the carbon monoxide NAAQS (which must be confirmed by the MADEP), Massachusetts will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. 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.

    [61 FR 2923, Jan. 30, 1996, as amended at 67 FR 7278, Feb. 19, 2002]
    § 52.1133 [Reserved]
    § 52.1134 Regulation limiting on-street parking by commuters.

    (a) On-street parking means parking a motor vehicle on any street, highway, or roadway, except for legal stops within designated loading zones or areas defined for loading purposes, at or before intersections, as caution, safety and emergencies require, whether or not a person remains in the vehicle.

    (b) Commencing on or before June 30, 1974, the Commonwealth, the City of Boston, the City of Cambridge, and administrative bodies of any of them having jurisdiction over any streets, highways, or roadways within the City of Cambridge or Boston proper, and the principal officials and administrative bodies thereof having responsibility over parking on such streets, highways, or roadways, shall adopt all necessary administrative and enforcement procedures and regulations to effect a prohibition of on-street parking within Boston proper between the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and legal holidays. The regulations shall state that violation of the prohibition shall be punishable by a fine of not less than $15. The City of Boston shall at a minimum eliminate 50 percent of on-street parking during the hours specified by January 1, 1976; 662/3 percent by September 1, 1976; and 100 percent by March 1, 1977. The City of Cambridge shall at a minimum eliminate 331/3 percent of on-street parking during the hours specified by September 30, 1974; 662/3 percent by July 1, 1975; and 100 percent by March 1, 1977. Any other affected entity shall at a minimum eliminate 331/3 percent of such parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 662/3 percent by September 1, 1976, and 100 percent by March 1, 1977.

    (c) The following classes of vehicles shall be exempt from the requirements of this section, provided that on-street parking by such vehicles is in compliance with local and state regulations:

    (1) Vehicles owned by residents of that portion of Boston included within Boston proper that are registered in Boston and display a resident parking sticker for that area issued by the City of Boston;

    (2) Vehicles owned by residents of Cambridge that are registered in and parked within Cambridge and display an appropriate parking sticker issued by the City of Cambridge;

    (3) Vehicles owned and operated by handicapped persons with HP license plates; and

    (4) Vehicles registered as “commercial vehicles” by the Commonwealth and displaying appropriate license plates.

    (d) On or before June 30, 1974, no owner or operator of a motor vehicle shall park, or permit the on-street parking of, said vehicle within Cambridge or Boston proper except in conformity with the provisions of this section and the measures implementing it.

    (e) The Governor and the chief executive of any other governmental entity on which obligations are imposed by paragraph (b) of this section should, on or before April 15, 1974, submit to the Regional Administrator for his approval a detailed statement of the legal and administrative steps selected to effect the prohibition provided for in paragraphs (b) and (d) of this section, and a schedule of implementation consistent with the requirements of this section. Such schedule shall include as a minimum the following:

    (1) Designation of one or more agencies responsible for the administration and enforcement of the program;

    (2) The procedures by which the designated agency will enforce the prohibition provided for in paragraphs (b) and (d) of this section;

    (3) The procedures by which vehicles exempt from the requirements of this section will be marked; and

    (4) A map showing which streets will be subject to the ban according to the schedule of implementation.

    (f) Upon a finding that substantial hardship would otherwise be experienced by employees of employment facilities located in Cambridge, the Director of Traffic and Parking of the City of Cambridge may issue special parking stickers to such employees which shall entitle vehicles to park during the hours of the ban. Such stickers shall be valid only for those streets and areas of streets clearly identified on the face of such stickers, shall be issued with preference being given to carpools and vanpools and shall be subject to immediate revocation if the vehicle is cited for a parking violation on a street or area other than those designated. A list of all persons receiving such stickers shall be sent to the Regional Administrator on or before July 1 of each year.

    (g) The ban shall not apply to any street space which is subject to metered parking with a maximum allowable time limit of one hour.

    [40 FR 25162, June 12, 1975]
    § 52.1135 Regulation for parking freeze.

    (a) Definitions:

    (1) The phrase to commence construction means to engage in a continuous program of on-site construction including site clearance, grading, dredging, or land filling specifically designed for a parking facility in preparation for the fabrication, erection, or installation of the building components of the facility. For the purpose of this paragraph, interruptions resulting from acts of God, strikes, litigation, or other matters beyond the control of the owner shall be disregarded in determining whether a construction or modification program is continuous.

    (2) The phrase to commence modification means to engage in a continuous program of on-site modification including site clearance, grading, dredging, or land filling in preparation for a specific modification of the parking facility.

    (3) The phrase commercial parking space means a space used for parking a vehicle in a commercial parking facility.

    (4) [Reserved]

    (5) Commercial parking facility (also called facility) means any lot, garage, building or structure, or combination or portion thereof, on or in which motor vehicles are temporarily parked for a fee, excluding (i) a parking facility, the use of which is limited exclusively to residents (and guests of residents) of a residential building or group of buildings under common control, and (ii) parking on public streets.

    (6) Freeze means to maintain at all times after October 15, 1973, the total quantity of commercial parking spaces available for use at the same amounts as were available for use prior to said date; Provided, That such quantity may be increased by spaces the construction of which commenced prior to October 15, 1973, or as specifically permitted by paragraphs (n), (p) and (q) of this section; provided further that such additional spaces do not result in an increase of more than 10 percent in the total commercial parking spaces available for use on October 15, 1973, in any municipality within the freeze area or at Logan International Airport (“Logan Airport”). For purposes of the last clause of the previous sentence, the 10 percent limit shall apply to each municipality and Logan Airport separately.

    (b) [Reserved]

    (c) There is hereby established a freeze, as defined by paragraph (a)(6) of this section, on the availability of commercial parking facilities in the freeze area effective October 15, 1973. In the event construction in any municipality, commenced prior to October 15, 1973, results in a number of spaces which exceeds the 10 percent limit prescribed by paragraph (a)(6) of this section, then the Governor shall immediately take all necessary steps to assure that the available commercial spaces within such municipality shall be reduced to comply with the freeze. In the event that such limit is exceeded at Logan Airport, then the provisions of paragraph (m) of this section shall apply.

    (d) [Reserved]

    (e) After August 15, 1973, no person shall commence construction of any commercial parking facility or modification of any such existing facility in the freeze area unless and until he has obtained from the Governor or from an agency approved by the Governor a permit stating that construction or modification of such facility will be in compliance with the parking freeze established by paragraph (c) of this section. This paragraph shall not apply to any proposed parking facility for which a general construction contract was finally executed by all appropriate parties on or before August 15, 1973.

    (f) The Governor shall notify the Regional Administrator in writing within 10 days of approval of any agency pursuant to paragraph (e) of this section. In order for any agency to be approved by the Governor for purposes of issuing permits pursuant to paragraph (e) of this section, such agency shall demonstrate to the satisfaction of the Governor that:

    (1) Requirements for permit application and issuance have been established. Such requirements shall include but not be limited to a condition that before a permit may be issued the following findings of fact or factually supported projections must be made:

    (i) The location of the facility; and

    (ii) The total motor vehicle capacity before and after the proposed cons t r u c t i o n o r m o d i f i c a t i o n o f t h e facility.

    (2) Criteria for issuance of permits have been established and published. Such criteria shall include, but not be limited to:

    (i) Full consideration of all facts contained in the application.

    (ii) Provisions that no permit will be issued if construction or modification of the facility will not comply with the requirements of paragraph (c) of this section.

    (3) Agency procedures provide that no permit for the construction or modification of a facility covered by this section shall be issued without notice and opportunity for public hearing. The public hearing may be of a legislative type; the notice shall conform to the requirements of 40 CFR 51.4(b); and the agency rules or procedures may provide that if no notice of intent to participate in the hearing is received from any member of the public (other than the applicant) prior to 7 days before the scheduled hearing date, no hearing need be held. If notice of intent to participate is required, the fact shall be noted prominently in the required hearing notice.

    (g)-(l) [Reserved]

    (m) On or before January 30, 1975, the Massachusetts Port Authority (“Massport”) shall prepare and submit to the Governor for his approval a plan showing the manner in which the number of commercial parking spaces at Logan Airport which exceeds the number of such spaces permitted under the freeze shall be removed from use. The Governor shall approve such plan if he determines that (1) implementation of such plan would result in reducing the aggregate number of commercial parking spaces to the level of such spaces permitted by this section, (2) Massport has adequate legal authority to implement such plan and (3) adequate commitments have been made by Massport to assure the Governor that such plan will be fully implemented and maintained on and after May 1, 1976. In the event that the Governor does not approve such plan by April 1, 1976, then the owner or operator of each commercial parking facility located at Logan Airport shall, on or before July 1, 1976, reduce the number of commercial parking spaces available for use at each such facility by an amount which bears the same proportion to the number of spaces exceeding the limit imposed by this section as the number of spaces available at such facility bears the total number of such spaces which were available for use at Logan Airport on April 1, 1976.

    (n) Where an agency approved by the Governor under paragraph (e) of this section to issue permits for new construction in the City of Cambridge demonstrates to the satisfaction of the Governor that (1) specific on-street parking spaces in use as of October 15, 1973, were being legally and regularly used as of such date for parking by commuters (as that term is defined in § 52.1161(a)(6)) who are not residents of Cambridge and that (2) effective measures have been implemented (including adequate enforcement) to prevent such spaces from being used by such commuters, then such approved agency may issue permits for construction of additional new commercial parking spaces equal to one-half of the number of spaces removed from regular use by such commuters and the total quantity of commercial parking spaces allowable in Cambridge under this section shall be raised accordingly.

    (o) On or before July 31, 1976, and on or before each succeeding July 31, the Governor and the chief executive officer of any agency approved by the Governor under paragraph (e) of this section shall submit a report to the Regional Administrator setting forth:

    (1) The names and addresses of all persons who received permits during the previous twelve-month period ending June 30 and number of spaces allocated to each such person;

    (2) The number of commercial parking spaces available for use as of the June 30 prior to the date of the report;

    (3) The number of commercial parking spaces which remain available for allocation by the Governor or such agency as of the June 30 prior to the date of the report, including those spaces made available because of retirement of existing commercial parking spaces as well as those spaces made available because of the effects of paragraphs (n), (p) and (q) of this section; and

    (4) The location and capacity of any park-and-ride facility designated under paragraph (p) of this section.

    (p) The Governor and any approved agency may issue a permit to construct a commercial parking facility which is designated by the Governor as a park-and-ride facility to be operated in conjunction with mass transit service without regard to the limitations on number of spaces imposed by this section.

    (q) Where an agency approved by the Governor can demonstrate to the satisfaction of the Governor that there have been physically eliminated through permanent modification or demolition any legal on-street parking spaces within a municipality then such agency may issue permits for construction within that municipality of additional new commercial parking spaces equal to the number of spaces thus eliminated and the total quantity of commercial parking spaces allowable for such municipality under this section shall be increased accordingly.

    (r) The provisions of this regulation shall cease to be effective as to that portion of the freeze area lying within the City of Boston and not included within Boston proper or Logan Airport at such time as the City of Boston implements a program, approved by the Governor, which shall include effective measures to control the construction of additional commercial parking spaces within that area, including procedures for issuance of conditional use permits under applicable zoning regulations and for assuring compliance with all air quality requirements under state and Federal law.

    [40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug. 29, 1975]
    §§ 52.1136-52.1144 [Reserved]
    § 52.1145 Regulation on organic solvent use.

    (a) Definitions:

    (1) Organic solvents include diluents and thinners and are defined as organic materials which are liquids at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents, except that such materials which exhibit a boiling point higher than 220 °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.

    (2) Solvent of high photochemical reactivity means any solvent with an aggregate of more than 20 percent of its total volume composed of the chemical compounds classified below or which exceeds any of the following individual percentage composition limitations in reference to the total volume of solvent:

    (i) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an olefinic or cy-cloole-finic type of unsaturation: 5 percent;

    (ii) A combination of aromatic compounds with eight or more carbon atoms to the molecule except ethyl-ben-zene: 8 percent;

    (iii) A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichloroethylene or toluene: 20 percent. Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical structure into more than one of the above groups of organic compounds, it shall be considered as a member of the most reactive chemical group, that is, that group having the least allowable percentage of total volume of solvents.

    (3) Organic materials are chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates, and ammonium carbonate.

    (b) This section is applicable throughout the Boston Intrastate Region. The requirements of this section shall be in effect in accordance with § 52.1147.

    (c) No person shall cause, allow, suffer, or permit the discharge into the atmosphere of more than 15 pounds of organic materials in any 1 day, nor more than 3 pounds of organic materials in any 1 hour, from any article, machine, equipment, or other contrivance, in which any organic solvent or any material containing organic solvent comes into contact with flame or is baked, heat-cured, or heat-polymerized, in the presence of oxygen, unless said discharge has been reduced as a result of the installation of abatement controls by at least 85 percent. Those portions of any series of articles, machines, equipment, or other contrivances designed for 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.

    (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.

    (e) Emissions of organic materials to the atmosphere from the clean-up with 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.

    (f) No person shall cause, suffer, allow, or permit during any one day disposal of a total of more than 1.5 gallons of any solvent of high photochemical reactivity, or of any material containing more than 1.5 gallons of any such photochemically reactive solvent by any means that will permit the evaporation of such solvent into the atmosphere.

    (g) Emissions of organic materials into the atmosphere required to be controlled by paragraph (c) or (d) of this section shall be reduced by:

    (1) Incineration, provided that 90 percent or more of the carbon in the organic material being incinerated is converted to carbon dioxide, or

    (2) Adsorption, or

    (3) The use of other abatement control equipment determined by the Regional Administrator to be no less effective than either of the above methods.

    (h) A person incinerating, adsorbing, or otherwise processing organic materials pursuant to this section shall provide, properly install and maintain in calibration, in good working order, and in operation, devices as specified in the authority to construct, or as specified by the Regional Administrator, for indicating temperatures, pressures, rates of flow, or other operating conditions necessary to determine the degree and effectiveness of air pollution control.

    (i) Any person using organic solvents or any materials containing organic solvents shall supply the Regional Administrator upon request and in the manner and form prescribed by him, written evidence of the chemical composition, physical properties, and amount consumed for each organic solvent used.

    (j) The provisions of this rule shall not apply to:

    (1) The manufacture of organic solvents, or the transport or storage of organic solvents or materials containing organic solvents.

    (2) The spraying or other use of insecticides, pesticides, or herbicides.

    (3) The employment, application, evaporation, or drying of saturated hal-ogenated hydrocarbons or perchlo-roethylene.

    (4) The use of any material, in any article, machine, equipment or other contrivance described in paragraph (c), (d), or (e) of this section if:

    (i) The volatile content of such material consists only of water, and organic solvents;

    (ii) The organic solvents comprise not more than 30 percent by volume of said volatile content;

    (iii) The volatile content is not a solvent of high photochemical reactivity as defined in paragraph (a) of this section; and

    (iv) The organic solvent or any material containing organic solvent does not come into contact with flame. This last stipulation applies only for those articles, machines, equipment or other contrivances that are constructed or modified after November 8, 1973.

    (5) The use of any material, in any article, machine, equipment or other contrivance described in paragraph (c), (d), or (e) of this section if:

    (i) The organic solvent content of such material does not exceed 30 percent by volume of said material;

    (ii) The volatile content is not a solvent of high photochemical reactivity; and

    (iii) [Reserved]

    (iv) The organic solvent or any material containing organic solvent does not come into contact with flame. This last stipulation applies only for those articles, machines, equipment or other contrivances that are constructed or modified after November 8, 1973.

    (6) [Reserved]

    (7) An article, machine, equipment or other contrivance described in paragraph (c), (d) or (e) of this section used exclusively for chemical or physical analyses or determination of product quality and commercial acceptance provided that—

    (i) The exemption is approved in writing by the Regional Administrator;

    (ii) The operator of said article, machine, equipment or contrivance is not an integral part of the production process; and

    (iii) The emissions from said article, machine, equipment or other contriv-ance do not exceed 800 lbs. in any calendar month.

    (8) Sources subject to the provisions of Massachusetts Regulation 310 CMR 7.18 which has been federally approved.

    (k) [Reserved]

    (l) All determinations of emission rates shall be conducted in a manner approved in writing by the Regional Administrator.

    [40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982]
    § 52.1146 [Reserved]
    § 52.1147 Federal compliance schedules.

    (a) Except as provided in paragraph (c) of this section, the owner or operator of a source subject to regulation under paragraph (c)(1) of § 52.1144 and § 52.1145 shall comply with the increments of progress contained in the following schedule:

    (1) Final control plans for emission control systems or process modifications must be submitted on or before June 1, 1974, for sources subject to § 52.1144(c)(1) and on or before May 1, 1974 for sources subject to § 52.1145.

    (2) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modifications on or before March 1, 1975, for sources subject to § 52.1144(c)(1) and on or before July 1, 1974, for sources subject to § 52.1145.

    (3) Initiation of on-site construction or installation of emission control equipment or process modification must begin on or before May 1, 1975, for sources subject to § 52.1144(c)(1) and on or before August 15, 1974, for sources subject to § 52.1145.

    (4) On-site construction or installation of emission control equipment or process modification must be completed prior to April 15, 1975, except for purposes of paragraph (c)(1) of § 52.1144, the applicable date shall be February 1, 1976.

    (5) Final compliance is to be achieved prior to May 31, 1975, except for sources subject to paragraph (c)(1) of § 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.

    (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.

    (6) Any owner or operator of stationary sources subject to compliance schedule in this paragraph shall certify to the Administrator within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met.

    (7) Any gasoline dispensing facility subject to paragraph (c)(1) of § 52.1144 which installs a storage tank after October 15, 1973, shall comply with such paragraph by March 1, 1976. Any facility subject to such paragraph which installs a storage tank after March 1, 1976 shall comply with such paragraph at the time of installation.

    (b) Except as provided in paragraph (d) of this section, the owner or operator of a source subject to paragraph (d)(1) of § 52.1144 shall comply with the increments of progress contained in the following compliance schedule:

    (1) Final control plans for emission control systems or process modifications must be submitted prior to January 1, 1975.

    (2) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modification prior to March 1, 1975.

    (3) Initiation of on-site construction or installation of emission control equipment or process modification must begin not later than May 1, 1975.

    (4) On-site construction or installation of emission control equipment or process modification must be completed prior to May 1, 1977.

    (5) Federal compliance is to be achieved prior to May 31, 1977.

    (6) Any owner or operator of stationary sources subject to the compliance schedule in this paragraph shall certify to the Administrator, within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met.

    (7) Any gasoline dispensing facility subject to paragraph (d)(1) of § 52.1144 which installs a gasoline dispensing system after the effective date of this regulation shall comply with the requirements of such paragraph by May 31, 1977. Any facility subject to such paragraph which installs a gasoline dispensing system after May 31, 1977, shall comply with such paragraph at the time of installation.

    (c) Paragraph (a) of this section shall not apply:

    (1) To a source which is presently in compliance with all requirements of paragraph (c)(1) of § 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.

    (2) To a source for which a compliance schedule is adopted by the Commonwealth and approved by the Administrator.

    (3) To a source subject to § 52.1144(c)(1) whose owner or operator submits to the Administrator by June 1, 1974, a proposed alternative compliance schedule. No such schedule may provide for compliance after March 1, 1976. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.

    (4) To a source subject to § 52.1145 whose owner or operator submits to the Administrator by May 1, 1974, a proposed alternative compliance schedule. No such schedule may provide for compliance after May 31, 1975. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.

    (d) Paragraph (b) of this section shall not apply:

    (1) To a source which is presently in compliance with paragraph (d)(1) of § 52.1144 and which has certified such compliance to the Administrator by January 1, 1975. The Administrator may request whatever supporting information he considers necessary for proper certification.

    (2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator.

    (3) To a source whose owner or operator submits to the Administrator by June 1, 1974, a proposed alternative schedule. No such schedule may provide for compliance after May 31, 1977. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.

    (e) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (a) or (b) of this section fails to satisfy and requirements of 40 CFR 51.15 (b) and (c).

    [38 FR 30970, Nov. 8, 1973] Editorial Notes:

    (1) For Federal Register citations affecting § 52.1147, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

    (2) The compliance dates given in paragraphs (b) (1) through (3) of § 52.1147 were deferred indefinitely at 40 FR 1127, Jan. 6, 1975.
    §§ 52.1148-52.1158 [Reserved]
    § 52.1159 Enhanced Motor Vehicle Inspection and Maintenance.

    (a) Revisions submitted by the Massachusetts Department of Environmental Protection on October 20, 2000, to the motor vehicle inspection and maintenance program are approved:

    (1) Letter from the Massachusetts Department of Environmental Protection dated October 20, 2000 submitting a revision to the Massachusetts State Implementation Plan.

    (2) Document entitled “Quality Assurance and Quality Control Plan For the Massachusetts Enhanced Emissions and Safety Inspection Program,” dated October 16, 2000.

    (3) Document entitled “Program Evaluation Plans For the Enhanced Inspection and Maintenance Program,” dated October 2000, and supporting contracts.

    [65 FR 69257, Nov. 16, 2000]
    § 52.1160 Requirements for state implementation plan revisions relating to new motor vehicles.

    Massachusetts’ adopted LEV program must be revised to the extent necessary for the state to comply with all aspects of the requirements of § 51.120.

    [60 FR 4737, Jan. 24, 1995]
    § 52.1161 Incentives for reduction in single-passenger commuter vehicle use.

    (a) Definitions:

    (1) Employer means any person or entity which employs 50 or more employees at any time during a calendar year at an employment facility located in the Boston Intrastate Region.

    (2) Educational institution means any person or entity which has 250 or more employees and students at any time during the academic year at an educational facility offering secondary level or higher training including vocational training located in the Boston Intrastate Region.

    (3) Employee means any person who performs work for an employer thirty-five or more hours per week and for more than twenty weeks per year for compensation and who travels to and from work by any mode of travel.

    (4) Student means any full-time day student who does not live at the educational institution and who travels to and from classes by any mode of travel.

    (5) Affected facility means any employment facility at which 50 or more persons are employees or any educational facility at which 250 or more persons are students and employees.

    (6) Commuter means both an employee and a student.

    (7) Single-passenger commuter vehicle means a motor-driven vehicle with four or more wheels with capacity for a driver plus one or more passengers which is used by a commuter traveling alone to work or classes and is not customarily required to be used in the course of his employment or studies.

    (8) Base date means the date set forth in paragraph (d) of this section as of which the base number of single-passenger commuter vehicles at a particular employment facility or educational institution must be determined.

    (9) The Secretary means the Secretary of Transportation and Construction of the Commonwealth of Massachusetts.

    (b) Commencing with the effective date of this section, each employer and educational institution (except as provided below) shall diligently and expeditiously implement and thereafter continuously maintain the following mandatory measures which are designed to achieve a goal of reducing the number of single-passenger commuter vehicles customarily commuting daily to each affected facility as of its base date by 25 percent (or as adjusted pursuant to paragraph (g) of this section):

    (1) Making available to commuters any pass program offered by the Massachusetts Bay Transportation Authority, if any commuter to the facility uses the mass transit facilities of such Authority as part of his daily commuting trip, including making all administrative arrangements for commuters to purchase the pass and thereby participate in the pass program and encouraging commuters to participate by such means as publicizing the availability of the pass program and the cost advantages thereof.

    (2)-(8) [Reserved]

    [40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982; 41 FR 10223, Mar. 10, 1976]
    § 52.1162 Regulation for bicycle use.

    (a) Definitions:

    (1) Bicycle means a two-wheel non-mo-tor-powered vehicle.

    (2) Bike path means a route for the exclusive use of bicycles separated by grade or other physical barrier from motor traffic.

    (3) Bike lane means a street lane restricted to bicycles and so designated by means of painted lanes, pavement coloring or other appropriate markings. A peak hour bike lane means a bike lane effective only during times of heaviest auto commuter traffic.

    (4) Bike route means a route in which bicycles share road space with motorized vehicles.

    (5) Bikeway means bike paths, bike lanes and bike routes.

    (6) Bicycle parking facility means any facility for the temporary storage of bicycles which allows the frame and both wheels of the bicycle to be locked so as to minimize the risk of theft and vandalism.

    (7) Parking facility means a lot, garage, building, or portion thereof in or of which motor vehicles are temporarily parked.

    (8) Parking space means the area allocated by a parking facility for the temporary storage of one automobile.

    (9) MBTA means the Massachusetts Bay Transportation Authority.

    (b) Application. This section shall be applicable in the Boston Intrastate Region.

    (c) Study. The Commonwealth, according to the schedule set forth in paragraph (d) of this section, shall conduct a comprehensive study of, and in that study recommend, the establishment of permanent bikeways and related facilities within the area described in paragraph (b) of this section. The study shall consider or include at least the following elements:

    (1) The physical design for bikeways, intersections involving bikeways, and means of bicycle link-ups with other modes of transportation;

    (2) The location of bikeways, including ascertaining high accident or pollution areas and developing means of avoiding or ameliorating those situations as well as means of providing intersection safety generally;

    (3) The location of bicycle parking facilities, including bus stops;

    (4) The rules of the road for bicyclists, and to the extent that present rules must be modified because of bikeways, new rules of the road for motorists. Also the feasibility of mandatory adult bicycle registration to minimize theft and increase recovery of stolen bicycles;

    (5) Bicycle safety education for bicyclists, motorists, children, students, street maintenance personnel and policemen, including requiring bicycle safety principles and safe street riding skills to be taught in high school automobile driver(s) education programs;

    (6) Methods for publicizing bicycles or bicycles plus mass transit as alternatives to automobile transportation, including the preparation, perhaps in conjunction with bicentennial efforts, of a master Boston area transit map, indicating the kind, extent and location of bicycle facilities, public baths, showers, toilet facilities, water fountains, as well as routes and stops for MBTA, common carriers and private bus lines, such map to be distributed by the Registry of Motor Vehicles with each automobile new registration and automobile registration renewal;

    (7) Requiring or providing incentives for common carriers and mass transit carriers, especially the Blue Line of the MBTA, to provide bicycle parking facilities at their respective terminals and stations and bicycle carrying facilities on their respective vehicles;

    (8) The creation of roadway zones in which all vehicles, except mass transit, emergency and service vehicles, and bicycles, would be excluded;

    (9) Requiring or providing incentives for office buildings and employers to install and to provide free shower and locker facilities for cyclists;

    (10) A bicycle user and potential user survey, which shall at a minimum determine:

    (i) For present bicycle riders, the origin, destination, frequency, travel time, distance and purpose of bicycle trips;

    (ii) In high density employment areas, the present modes of transportation of employees and the potential modes of transportation, including the numbers of employees who would use a bicycle for a significant portion of their commuting transportation were suitable facilities available to them. This section of the study shall seek to ascertain the size of the working population that would move from automobiles to mass transit and bicycles or bicycles alone as a significant form of transportation. It shall also seek to ascertain what bicycle facilities or mix thereof would produce the greatest conversion from auto use;

    (11) The special problems related to the design and incorporation in the bikeway facilities described in paragraph (f) of this section of feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA and railroad stations, feeder bikeways to fringe parking areas, and bicycle passage through rotaries and squares;

    (12) The conversion of railroad beds, power lines, flood control channels or similar corridors to bikepaths;

    (13) Removing barriers to employees bringing their bicycles into their offices;

    (14) Removal or alteration of drain grates with bars so placed as to catch bicycle wheels;

    (15) Bicycle rentals at appropriate locations; and

    (16) The feasibility of constructing bikeways along at least each of the corridors set forth in paragraph (g) of this section.

    In conducting the study, opportunity shall be given for public comments and suggestions. Input shall also be solicited from state, regional and local planning staffs, state, regional and local agencies, bicycle organizations and other interested groups and be related to comprehensive transportation planning for the area designated in paragraph (b) of this section. The study shall, using as a goal a minimum of 180 miles of bikeways, examine as large a network of facilities as is practicable within the area described in paragraph (b) of this section and shall recommend physical designs for said facilities. The study shall also propose a compliance schedule for establishing any recommended permanent bicycle facilities.

    (d) The Commonwealth of Massachusetts shall submit to the Regional Administrator no later than October 1, 1975, a detailed compliance schedule showing the steps that will be taken to carry out the study required by paragraph (c) of this section. The compliance schedule shall at a minimum include:

    (1) Designation of the agency responsible for conducting the study;

    (2) A date for initiation of the study, which date shall be no later than October 1, 1975; and

    (3) A date for completion of the study, and submittal thereof to the Administrator, which date shall be no later than June 30, 1976.

    (e) On or before September 1, 1976, the Administrator shall publish in the Federal Register his response to the study required by paragraph (c) of this section, and shall, in that response, either approve the facility location and designs and other requirements as well as the proposed compliance schedule for permanent facilities recommended in the study, or shall designate alternative and/or additional facility locations and designs and other requirements as well as modify the proposed compliance schedule for permanent facilities. The Administrator may provide, if he deems it necessary, for a public comment period prior to the effective date of his response.

    (f) Permanent bicycle facilities. At the conclusion of the study required by paragraph (c) of this section and the Administrator's response thereto, the Commonwealth shall, together with the municipalities and other authorities having jurisdiction over affected roadways and areas establish permanent bicycle facilities as required by the Administrator's response to the study.

    (g) The potential bikeway corridors to be studied pursuant to paragraph (c)(16) are as follows:

    (1) Central Square, Cambridge to Boston University;

    (2) Harvard Square, Cambridge to Union Square, Allston;

    (3) Union Square, Somerville to Central Square, Cambridge;

    (4) Union Square, Allston to Government Center;

    (5) Harvard Square, Cambridge to Government Center;

    (6) Brookline Village to Government Center;

    (7) Boston University to Longwood Avenue Hospital Zone;

    (8) Egleston Square to Government Center;

    (9) Columbus Park to Boston Common;

    (10) L Street Beach to Government Center;

    (11) Powder House Circle, Somerville to Harvard Square;

    (12) Everett to Government Center;

    (13) Porter Square, Cambridge to Columbus Park, Boston;

    (14) Cleveland Circle to Government Center;

    (15) Porter Square, Cambridge to Government Center;

    (16) Harvard Square, Cambridge to Boston City Hospital; and

    (17) Charlestown, Longfellow, Harvard, Boston University, River Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.

    (h) The MBTA shall provide bicycle parking facilities at each major MBTA station adequate to meet the needs of MBTA riders within the area designated in paragraph (b) of this section. Said parking facilities shall at a minimum be located at:

    (1) All stations of the Riverside portion of the Green Line;

    (2) Reasonably spaced stops on other portions of the Green Line;

    (3) All stations of the Red, Orange, and Blue Lines; and shall have spaces for at least six bicycles per station, except for facilities at terminal stations which shall have spaces for at least 24 bicycles.

    (i) The Commonwealth shall provide for advertisement of bikeways and bicycle parking facilities in use within the area designated in paragraph (b) of this section to potential users by means of media advertisement, the distribution and posting of bikeway maps and bike safety information, as well as for a program of bicycle safety education including the motor vehicle operators license examination and public service advertisement.

    [40 FR 25168, June 12, 1975]
    § 52.1163 Additional control measures for East Boston.

    (a) On or before December 31, 1975, the Governor, the Mayor of the City of Boston, the Chairman of the Massachusetts Bay Transportation Authority, the Chairman of the Massachusetts Turnpike Authority and the Chairman of the Massachusetts Port Authority (“Massport”) shall each submit to the Regional Administrator a study or studies of various alternative strategies to minimize the number of vehicle trips to and from Logan International Airport (“Logan Airport”) and to reduce the amount of carbon monoxide in the vicinity of the Callahan and Sumner Tunnels to a level consistent with the national primary ambient air quality standards. These studies may be combined into one or more joint studies. These studies shall contain recommendations for control measures to be implemented prior to May 31, 1977. Measures to be studied shall include but need not be limited to, the following:

    (1) Incentives and programs for reductions in the use of single-passenger vehicles through the Callahan and Sumner Tunnels;

    (2) Alterations in traffic patterns in the tunnel area;

    (3) Use of exclusive lanes for buses, carpools, taxis and limousines during peak travel hours;

    (4) Reduction of parking spaces at Logan Airport and increased parking charges at remaining spaces;

    (5) Construction of satellite terminal facilities for Logan Airport;

    (6) Use of alternate modes of transportation for trips to and from Logan Airport, and establishment of facilities at Logan Airport to accommodate such modes;

    (7) Improved transit service between the Blue Line subway stop and airline terminals at Logan Airport; and

    (8) Any other measures which would be likely to contribute to achieving the required reductions.

    (b) Massport shall monitor the number of vehicles entering and leaving Logan Airport so as to provide the Secretary of Transportation for the Commonwealth (the “Secretary”) with reports on a semi-annual basis, beginning on January 30, 1976, showing total vehicle trips per day for the six-month period ending on the previous December 31 or June 30, presented and tabulated in a manner prescribed by the Secretary.

    (c) Massport shall, on or before June 30, 1976, prepare and submit to the Secretary draft legislation which, if enacted into law, would alleviate local licensing problems of bus and limousine companies in order to facilitate increased and improved bus and limousine service for travelers using Logan Airport.

    (d) Massport shall negotiate with the Massachusetts Bay Transportation Authority to increase the convenience of the mass transit services currently available to travelers to Logan Airport.

    (e) Massport shall, on or before June 30, 1976, establish and maintain a program (which shall include the enclosure of this information in tickets or folders mailed by airlines using Logan Airport) to publicize the advantages in costs and convenience of the use of mass transit or other available transportation services by travelers using the airport, and making known to such persons the schedules, routes, connections, and other information necessary for them to conveniently use mass transit and such other services.

    (f) Massport shall, on or before October 15, 1975, establish a carpool program at Logan Airport, which shall include the elements specified in paragraphs (b)(7) (A) through (C) of § 52.1161. For the purpose of applying the requirements of § 52.1161 to the present paragraph:

    (1) The definitions in § 52.1161 shall apply;

    (2) Each employer with any employment facility at Logan Airport shall cooperate with Massport in the development and implementation of the program;

    (3) Any such employer (including Massport) may fulfill its obligations under paragraph (b)(7) of § 52.1161 by fully cooperating with and participating in the Logan Airport carpool program (including bearing its proportional share of the program's cost); and

    (g) Massport shall, on or before October 15, 1975, implement a program of systematic dissemination to employers and employees at Logan Airport of information regarding the Massachusetts Bay Transportation Authority pass program, bus and train schedules and rates, park-and-ride facilities, and other transportation programs and services available to employees at Logan Airport.

    (h) Massport shall, on or before January 1, 1976, implement and maintain a program to allow all employees at Logan Airport, regardless of the size of the particular employment facility at which they work, to participate in any available pass program made available by the Massachusetts Bay Transportation Authority, including the use of Massport as a central clearinghouse for the purpose of aggregating employees and for fiscal management of such pass program.

    [40 FR 25169, June 12, 1975]
    § 52.1164 Localized high concentrations—carbon monoxide.

    (a) Not later than October 1, 1975, the Commonwealth shall have developed and have begun to implement a program to identify urban and suburban core areas and roadway/intersection complexes within the Boston Intrastate Region which violate the national ambient air quality standards for carbon monoxide. Once such localized areas have been identified, the Commonwealth, in cooperation with the affected local municipalities, shall develop and implement appropriate control strategies to insure that such air quality standards will be achieved at such areas. Plans shall be developed to include provisions for the entire municipality in order to insure that the implemented strategies will not create carbon monoxide violations elsewhere in the vicinity after the measures have been applied.

    (b) To accomplish the requirements of paragraph (a) of this section, the Commonwealth shall do the following:

    (1) Identify areas of potentially high carbon monoxide concentrations by reviewing all available traffic data, physical site data and air quality and meteorological data for all major intersections and roadway complexes within the Region. The Regional Administrator will provide general guidance on area designations to assist in the initial identification process.

    (2) Areas identified under paragraph (b)(1) of this section shall be studied in further detail, including meteorological modeling, traffic flow monitoring, air quality monitoring and other measures necessary to accurately quantify the extent and actual levels of carbon monoxide in the area. A report containing the results of these analyses and identifying such areas shall be submitted to the Regional Administrator no later than March 1, 1976.

    (3) If, after the completion of actions required by paragraph (b)(2) of this section, an area shows or is predicted to have violations of the carbon monoxide standard, the Commonwealth, in cooperation with the affected municipality, shall submit a plan to the Regional Administrator containing measures to regulate traffic and parking so as to reduce carbon monoxide emissions to achieve air quality standards in the area. Such plan shall include: the name of the agency responsible for implementing the plan, all technical data and analyses supporting the conclusions of the plan, all control strategies adopted as part of the plan, and other such information relating to the proposed program as may be required by the Regional Administrator. The Regional Administrator shall provide general guidance on applicable control strategies and reporting formats to assist in plan development and submittal. Such a plan shall be submitted for each municipality which contains one or more identified areas no later than October 1, 1975 for Waltham and October 1, 1976, for other areas.

    (4) All measures called for in the plan submitted under paragraph (b)(3) of this section shall be subject to the approval of the Regional Administrator and shall be implemented by May 31, 1977.

    (c) The Commonwealth shall annually review the effectiveness of the control strategies developed pursuant to this section and modify them as necessary to insure that such carbon monoxide standards will be attained and maintained. The results of this review and any changes in the measures which the Commonwealth recommends as a result thereof shall be reported to the Regional Administrator annually as required under § 52.1160.

    (d) Prior to submitting any plan to the Regional Administrator under paragraph (b)(3), the Commonwealth shall give prominent public notice of the general recommendations of such plan, shall make such plan available to the public for at least 30 days and permit any affected public agency or member of the public to comment in writing on such plan. The Commonwealth shall give the Regional Administrator timely notice of any public hearing to be held on such plan and shall make all comments received available to the Regional Administrator for inspection and copying.

    [40 FR 25170, June 12, 1975]
    § 52.1165 Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

    (b) Regulation for preventing significant deterioration of air quality. The provisions of § 52.21 (b) through (v) are hereby incorporated and made a part of the applicable State plan for the State of Massachusetts.

    [43 FR 26410, June 19, 1978]
    § 52.1166 [Reserved]
    § 52.1167 EPA-approved Massachusetts State regulations.

    The following table identifies the State regulations which have been submitted to and approved by EPA as revisions to the Massachusetts State Implementation Plan. This table is for informational purposes only and does not have any independent regulatory effect. To determine regulatory requirements for a specific situation consult the plan identified in § 52.1120. To the extent that this table conflicts with § 52.1120, § 52.1120 governs.

    Table 52.1167—EPA-Approved Rules and Regulations [See Notes at end of Table] State citation Title/subject Date submitted by State Date approved by EPA Federal Register citation 52.1120(c) Comments/unapproved sections 310 CMR 7.00 Definitions 2/14/85 9/25/85 50 FR 38804 64 Motor vehicle fuel. 2/21/86; 2/25/86; 6/23/86 8/31/87 52 FR 32792 73 Two new definitions and one amended definition. Statutory authority; legend; preamble; definitions 11/5/86; 12/10/86 11/19/87 52 FR 44395 74 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. 310 CMR 7.00 Definitions 7/18/88 5/4/89 54 FR 19184 78 Includes bulk plant and terminal, gasoline market. 310 CMR 7.00 Definitions 1/30/91 10/8/92 57 FR 46312 96 Definitions of no-build alternative, project area, project roadway, and tunnel ventilation system. 310 CMR 7.00 Definitions 05/17/90, 06/07/91 12/14/92 57 FR 58996 97 Added “motor vehicle fuel,” “motor vehicle fuel dispensing facility,” “substantial modification,” and “vapor collection and control system.” 310 CMR 7.00 Definitions 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 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. 310 CMR 7.00 Definitions 8/27/82, 6/22/87, 12/27/89 2/23/93 58 FR 10970 84 Approving the definitions of “stationary source” and “building, structure, facility, or installation.” 310 CMR 7.00 Definitions 6/7/91 6/30/93 58 FR 34911 58 Definitions: Bulk plants, vapor balance systems. 310 CMR 7.00 Definitions 12/9/91 10/4/94 59 FR 50498 101 Definitions of baseline roadway conditions, high occupancy vehicle, high occupancy vehicle lane, peak hour, performance standard, and roadway threshold standard. 310 CMR 7.00 Definitions 11/15/93
  • 05/11/94
    •  2/1/95 60 FR 6030 103 Approving additional definitions for.     310 CMR 7.00 Definitions 7/30/93 10/15/96 61 FR 53632 111 Adding or amending the following definitions: motor vehicle parking space; off-peak parking spaces; remote parking spaces; and restricted use parking. 310 CMR 7.00 Definitions 2/17/93 9/3/1999 64 FR 48303 c(117) 310 CMR 7.00 Definitions 7/30/96 4/11/00 65 FR 19326 115 Definition of “volatile organic compound” revised. 310 CMR 7.00 Definitions 1/11/95
  • 3/29/95
    •  4/11/00 65 FR 19326 121 Definitions associated with marine vessel rule.     310 CMR 7.00 Definitions 07/25/95 08/09/00 9/11/00 12/18/00 65 FR 78976 116 Definitions associated with State II vapor recovery rule. 310 CMR 7.00 Appendix A Emission Offsets and Nonattainment Review 7/15/94 and 4/14/95 10/27/00 65 FR 64363 (c)(127) Approving 1990 CAAA revisions and general NSR permit requirements 310 CMR 7.00 Appendix B (except 310 CMR 7.00 Appendix B(3)(e)5.h) Emissions Banking, Trading, and Averaging 2/9/94
  • 3/29/95
    •  8/8/96 61 FR 41338 112 Replaces earlier emissions averaging rules with emissions banking, trading, and averaging.     310 CMR 7.00 and 7.02(12)(c) 2/14 and 5/22/85 9/25/85 50 FR 38806 64 Motor vehicle fuel tank trucks. 310 CMR 7.02 Plans and approval and emission limitations 4/27/72 10/28/72 37 FR 23085 2 8/28/72 10/28/72 37 FR 23085 4 5/27/82
  • 9/9/82
    •  1/10/84 49 FR 1187 60 7.02(2)(b)(4) and 7.02(2)(5) for new source review.     12/3/85
  • 1/31/86
  • 2/11/86
    •  11/25/86 51 FR 42564 69 Adds the word “major” before the word “modification” at 7.02(2)(b).     310 CMR 7.02 Plans and approval and emission limitation 11/21/86
  • 1/15/87
    •  3/10/89 54 FR 10148 72 7.02(2)(b) 4, 5 and 6-new source review.     310 CMR 7.02(11) Emission limitations for incinerators 2/1/78 3/15/79 44 FR 15704 18 Adds an emission limitation for sewage sludge incinerators. 310 CMR 7.02(12) U Organic Material 8/17/89 1/11/93 58 FR 3495 93 310 CMR 7.02(12) has been recodified and relocated in 310 CMR 7.24, “U Organic Material Storage and Distribution.” All subsections and references in 310 CMR 7.02(12) have been recodified accordingly. 310CMR 7.02(12) U Restricted Emission Status 6/6/94 4/5/95 60 FR 17229 105 This rule limits a source's potential to emit, therefore avoiding RACT, title V operating permits 310 CMR 7.02(12)(a)(b) Organic material, bulk plants and terminals handling organic material 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 30     310 CMR 7.02(12)(a)1e Gasoline liquid storage in external floating roof tanks 12/2/83 3/8/84 49 FR 8611 56 Approved for secondary seals or equivalent weather roofs. 310 CMR 7.02(12)(b)2 Stage I vapor recovery 5/20/77 5/25/78 43 FR 22356 15 Provisions for Pioneer APCD Stage I vapor recovery. 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 30     3/25/83 7/7/83 48 FR 31200 55 Exempt Berkshire APCD. 310 CMR 7.02(12)(b)3 Stage I vapor recovery 11/21/86
  • 1/15/87
    •  3/10/89 54 FR 10148 72 7.02(12)(b)3 is deleted.     310 CMR 7.02(12) (c) and (d) Gasoline Tank Trucks 2/14/85
  • 5/22/85
    •  9/25/85 50 FR 38804 64 Tank trucks.     310 CMR 7.02(12)(d) Test Methods applicable to 310 CMR 7.02(12) 11/21/86
  • 1/15/87
    •  3/10/89 54 FR 10148 72 Requires EPA approved test methods or EPA approved alternatives.     310 CMR 7.02(12)(e) Gasoline Volatility 7/18/88
  • 9/15/88
  • 4/12/89
    •  5/4/89 54 FR 19184 78 Approves a limitation on volatility of gasoline from June 30 for Sept. 15, 1989, and May 1 to Sept. 15 in subsequent years.     310 CMR 7.03(13) Paint spray booths 2/17/93 9/3/1999 64 FR 48303 c(117) Adds the following coating operations: plastic parts surface coating, leather surface coating, wood product surface coating, and flat wood paneling surface coating. 310 CMR 7.04(5) Fuel oil viscosity 12/28/78 6/17/80 45 FR 40987 29 For Cambridge Electric Light Company's Kendal Station, and Blackstone Station. 12/28/78 10/18/80 45 FR 48131 29 Correction notice. 310 CMR 7.05 Sulfur-in-fuel 8/28/72 10/28/72 37 FR 23058 4 7/5/78 2/7/79 44 FR 7712 17 Approves the burning of coal/oil slurry at New England Power Company, Salem Harbor Station, MA. 310 CMR 7.05(1)(a) Sulfur content of fuels and control thereof for Berkshire APCD 4/14/77 3/24/78 43 FR 12324 13 Approves the burning of 1% for all but: Crane and Company Inc., and Schweitzer Division, Kimberly Clark Corporation, Columbia Mill. 4/14/77
  • 8/11/78
  • 8/31/78
    •  3/7/79 44 FR 12422 13 Approves the burning of 2.2% at Crane & Co., Inc., and Schweitzer Division, Kimberly-Clark Corp., Columbia Mill.     11/8/82 4/28/83 48 FR 19172 54 Approves burning of 2.2% at Esleek Manufacturing Company, Inc., provided the fuel firing rate does not exceed 137.5 gallons per hour. 310 CMR 7.05(1)(b) Sulfur content of fuels and control thereof for Central APCD 6/25/76 2/15/77 42 FR 9176 10 Approves the burning of 2.2% until 7/1/78 for 100 mBtu sources listed in 52.1126. 3/29/76
  • 5/25/76
    •  5/19/77 42 FR 25730 11 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.     6/25/76
  • 8/22/77
    •  6/21/78 43 FR 26573 10 Extends expiration date to 6/21/78.     3/2/79 7/16/79 44 FR 41180 24 Permanent extension for certain sources to burn 2.2% under specified conditions. Sulfur content of fuels and control thereof for central APCD 9/28/79 6/17/80 45 FR 40987 24 Approves the burning of 2.2% at Fitchburg Paper (55 Meter stacks only) for James River, Massachusetts, Inc., year round. 3/20/80 9/10/80 45 FR 59578 31 Approves the temporary burning of 2.2% at Seaman Paper Co., Templeton. 3/2/79
  • 5/5/81
    •  9/17/81 46 FR 46133 33 Approves the burning of 2.2% at Millers Falls Paper Co.     310 CMR 7.05(1)(c) Sulfur content of fuels and control thereof for Merrimack Valley 6/4/76 12/30/76 41 FR 56804 8 Approves the burning of 2.2% except at those sources listed in 52.1126. 1/28/76
  • 12/30/76
    •  7/12/77 42 FR 35830 8 Approves burning of 1.4% at Haverhill Paperboard Corp., Haverhill, MA.     1/28/76 8/22/77
  • 12/30/76
    •  6/21/78 43 FR 26573 8 Extends expiration date to 7/1/79.     12/28/78 5/21/79 44 FR 29453 20 Permanent extension to burn 2.2%. 310 CMR 7.05(1)(d) Sulfur content of fuels and control thereof for Metropolitan Boston APCD 7/11/75
  • 9/16/75
    •  12/5/75 40 FR 56889 6 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.     7/11/75
  • 4/1/77
    •  8/22/77 42 FR 42218 6 Extends expiration date from 7/1/77 to 7/1/78 except for Eastman Gelatin Corp., which must burn 1%.     4/20/78 11/30/78 43 FR 56040 6 Extends expiration date from 7/1/78 to 7/1/79. Sulfur content of fuels and control thereof for Metropolitan Boston APCD 12/28/78 5/21/79 44 FR 29453 20 Permanent extension to burn 2.2%. 4/25/80 1/27/81 46 FR 8476 34 Approves the burning of 2.2% at Natick Paperboard Corp. 11/25/80 8/11/81 46 FR 40688 38 Approves the increase to 2.2% at Boston Edison Mystic Generating Station for 30 months from 8/11/81 (expires 2/11/84). 7/14/81 12/16/81 46 FR 61123 41 Approves burning of 2.2% at Haverhill Paper Corp. 11/27/79 12/15/80 45 FR 82251 32 Allows the burning of 2.2% at Proctor and Gamble. 9/24/81 12/15/81 46 FR 61118 43 Approves burning of 2.2% at Eastman Gelatin Corp. 12/7/83 9/25/84 49 FR 37592 65 Approves burning of 2.2% at Boston Edison Mystic Generating Station until 3/25/87. 310 CMR 7.05(1)(e) Sulfur content of fuels and control thereof for Pioneer Valley APCDs 7/22/77 2/1/77 42 FR 5957 9 Approves 2.2% except for sources listed in 52.1125. 7/22/76 8/22/77
  • 12/27/77
    •  6/21/78 43 FR 26573 9 Extends expiration date to 7/1/79.     1/3/79 5/21/79 44 FR 29453 21 Permanent extension to burn 2.2% 3/2/80 1/19/81 45 FR 4918 33 Approves the burning of 2.2% at all sources in Franklin and Hampshire Counties rated at less than 100 mBtu except Esleek Manufacturing Co., and Millers Falls Paper Co. 10/13/81 2/10/82 47 FR 6011 45 Approves the burning of 2.2% at Holyoke Gas and Electric Department, Holyoke, MA. 7/18/84
  • 4/17/85
  • 3/16/87
  • 11/25/87
    •  2/15/90 55 FR 5449 77 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.     310 CMR 7.05(1)(f) Sulfur content of fuels and control thereof for Southeastern APCD 12/30/76 9/2/77 42 FR 44235 12 Approves burning of 2.2% for sources listed in 52.1126, all others must continue to burn 1%. 12/30/76
  • 1/31/78
    •  9/8/78 43 FR 40010 12 Extends expiration date from 5/1/78 to 7/1/79.     1/31/79 5/21/79 44 FR 29453 22 Permanent extension to burn 2.2%. 310 CMR 7.05(4) Ash content of fuels for Pioneer Valley for APCD 1/3/79 5/21/79 44 FR 29453 21 Ash content of fuels for Metropolitan Boston APCD 7/20/79 5/21/79 44 FR 29453 23 Ash content of fuels 12/3/85
  • 1/31/86
  • 2/11/86
    •  11/25/86 51 FR 42564 69 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.     310 CMR 7.06 Visible emissions 8/28/72 10/28/72 37 FR 23085 4 7/5/78 2/7/79 44 FR 7712 17 Approves New England Power Company, Salem Harbor Station to burn a coal oil slurry. 12/28/79 8/12/80 45 FR 53476 17 Extension of temporary revision to allow exceedance of 20% capacity limit at New England Power Company's Salem Harbor Station, Salem, MA Unit 1 so can burn 30% coal/70% oil mixture until 12/31/80. 310 CMR 7.07 Open burning 12/9/77 9/29/78 43 FR 44841 16 Two revisions with conditions to permit open burning of brush cane, driftwood and forest debris for 2 months of the year. Open burning 9/28/79 6/17/80 45 FR 40987 27 Approves open burning (as in (c) 16) from 1/15 to 5/1 in certain areas of the State. 310 CMR 7.08 Incinerators 8/28/72 10/28/72 37 FR 23085 4 310 CMR 7.08(2), except sections: (a); the definition of “Material Separation Plan” in (c); (d)1; (d)2; (d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2; (g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4; (h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c; (i)2.d; (i)2.e; and (k)3. MWC NOX requirements 1/11/99 9/2/99 64 FR 48098 119 Only approved NOX related requirements of state plan for MWCs. The following sections were not submitted as part of the SIP: (a), the definition of “Material Separation Plan” in (c), (d)1, (d)2, (d)3, (d)4, (d)5, (d)6, (d)8, (f)1, (f)2, (f)5, (f)6, (f)7, (g)1, (g)2, (g)3, (g)4, (h)2.a, (h)2.b, (h)2.d, (h)2.e, (h)2.g, (h)2.h, (h)4, (h)5.a, (h)5.c, (h)5.d, (h)9, (h)10, (h)13, (i)1.b, (i)1.g, (i)2.c, (i)2.d, (i)2.e, and (k)3. 310 CMR 7.09 Dust and odor 8/28/72 10/28/72 37 FR 23085 4 12/9/77 9/29/78 43 FR 44841 16 Adds a requirement that mechanized street sweeping equipment must be equipped and operated with a suitable dust collector or suppression system. 310 CMR 7.12 Inspection Certificate Record Keeping and Reporting 6/28/90; 9/30/92; 7/15/94 3/21/96 61 FR 11560 106 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. 310 CMR 7.14(2) Continuous Emissions Monitoring 11/21/86
  • 1/15/85
    •  3/10/89 54 FR 10148 72 References 40 CFR part 51, Appendix P.     310 CMR 7.14(3) Continuous Emissions Monitoring 11/21/86
  • 1/15/87
    •  3/10/89 54 FR 10148 72 Establishes compliance date for meeting the requirements of 7.14(2).     310 CMR 7.15 Asbestos application 8/28/72 10/28/72 37 FR 23085 4 310 CMR 7.16 Reduction to single passenger commuter vehicle use 5/20/77 5/25/78 43 FR 22356 15 For Pioneer Valley APCD. 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 Reduction of single occupant commuter vehicles.     310 CMR 7.17 Coal conversion 9/7/78 5/14/79 44 FR 27991 19 Brayton Point Station, New England Power Company. 1/22/82 6/9/82 47 FR 25007 49 Mount Tom Plant, Holyoke, MA Holyoke Water Power Company. 310 CMR 7.18(1) U Applicability and Handling Requirements 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR CMR 7.18(1), (a), (c), (d) and (e). 310 CMR 7.18(2) U Compliance with Emission Limitations 8/27/82; 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Approval of 310 CMR 7.18(2), (2)(a), (2)(b), (2)(c) and (2)(e). 310 CMR 7.18(2) Compliance with emission limitations 2/17/93 9/3/1999 64 FR 48304 c(117) Adds an exemption for coatings used in small amounts, and a section on daily weighted averaging. 310 CMR 7.18(2)(b) Generic VOC bubble for surface coaters 3/6/81
  • 11/12/81
    •  3/29/82 47 FR 13143 42 Includes surface coating of metal cans, large appliances, magnet wire insulation, automobiles, paper fabric and vinyl.     Generic VOC bubble for surface coaters 6/24/80 7/12/82 47 FR 30060 47 Adds metal coils. Generic VOC bubble for surface coaters 3/29/95 8/8/96 61 FR 41338 112 Replaces earlier emissions averaging rules for surface coaters. 7/21/81
  • 3/10/81
    •  6/2/82 47 FR 23927 48 Adds miscellaneous metal parts and products and graphic arts-rotogravure and flexography.     9/9/82 2/3/83 48 FR 5014 53 Adds metal furniture. 310 CMR 7.18 (2)(e) Compliance with emission limitations 3/6/89 54 FR 9213 Testing requirements for plan approvals issued under 310 CMR 7.18(17). 310 CMR 7.18(3) Metal furniture surface coating 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 30     9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(3) U Metal Furniture Surface Coating 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(3). 310 CMR 7.18(4) Metal can surface coating 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 30     9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(4) U Metal Can Surface Coating 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(4). 310 CMR 7.18(5) Large appliances surface coating 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 30     9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(5) U Large Appliance Surface Coating 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(5). 310 CMR 7.18(6) Magnet wire insulation surface coating 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 30     9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(6) U Magnet Wire Insulation Surface Coating 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(6). 310 CMR 7.18(7) Automobile surface coating 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 30     9/9/82 11/9/83 45 FR 51480 53 Adds test methods. 310 CMR 7.18(7) Automobile Surface Coating 8/17/89, 6/7/91 10/8/92 57 FR 46316 92 310 CMR 7.18(7) Automobile surface coating 2/17/93 9/3/1999 64 FR 48304 c(117) Revises a limit for primer surface coating. 310 CMR 7.18(8) Solvent metal degreasing 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 30 Conditional approval requiring controls for small solvent metal degreasers.     8/13/83 11/9/83 48 FR 51480 53 Approves public education program for small degreasers and removes conditional approval. 310 CMR 7.18(8) Solvent Metal Degreasing 2/17/93 9/3/1999 64 FR 48304 c(117) Adds a typographical correction. 310 CMR 7.18(8) U Solvent Metal Degreasing 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR 7.18(8), (8)(d), (8)(d)1., (8)(e), (8)(f) and (8)(g). 310 CMR 7.18(8) U Solvent Metal Degreasing 6/7/91 6/30/93 58 FR 34911 58 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. 310 CMR 7.18(9) Cutback asphalt 12/31/78
  • 5/16/79
    •  9/16/80 45 FR 61293 30     9/9/82 11/9/83 48 FR 51480 53 Adds an exemption. 310 CMR 7.18(9) U Cutback Asphalt 8/17/89 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(9). 310 CMR 7.18(10) Surface coating of metal coils 6/24/80 7/12/82 47 FR 30060 47 Approves and adds to 310 CMR 7.18(2)(b). 9/9/82 11/9/83 48 FR 51480 53 Adds test methods and removes extended compliance schedule. 310 CMR 7.18(10) U Metal Coil Coating 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(10). 310 CMR 7.18(11) Surface coating of miscellaneous metal parts and products 7/21/81
  • 3/10/82
    •  6/2/82 47 FR 23927 48 Adds to 310 CMR 7.18(2)(b).     9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(11) Surface coating of miscellaneous metal parts and products 2/17/93 9/3/1999 64 FR 48304 c(117) Revises a reference. 310 CMR 7.18(11) U Surface Coating of Miscellaneous Metal Parts and Products 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR 7.18(11), (11)(b), (11)(c), (11)(d) and (11)(e). 310 CMR 7.18(11) U Surface Coating of Miscellaneous Metal Parts and Products 6/7/91 6/30/93 58 FR 34911 58 Approval of 310 CMR 7.18 (11), (11)(a), (11)(a)1., (11)(a)2., (11)(a)3. 310 CMR 7.18(12) Graphic arts 2/17/93 9/3/1999 64 FR 48304 c(117) Amends applicability to 50 tons per year VOC. 310 CMR 7.18(12) Graphic arts-rotogravure and flexography 7/21/81
  • 3/10/82
    •  6/2/82 47 FR 23927 48 Adds to 310 CMR 7.18(2)(b).     9/9/82 11/9/83 48 FR 51480 53 310 CMR 7.18(12) U Graphic Arts 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(12). 310 CMR 7.18(13) Perchloroethylene dry cleaning systems 7/21/81
  • 3/10/82
    •  6/2/82 47 FR 23927 48     9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(13) U Dry Cleaning Systems-Percholor-ethylene 8/17/89 1/11/93 58 FR 3495 93 Approval of 310 CMR 7.18(13), (13)(c), (13)(d) and (13)(e). 310 CMR 7.18(13)(a) 8. has been deleted. 310 CMR 7.18(14) Paper surface coating 3/6/81 3/8/82 47 FR 9836 40 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(14) U Paper Surface Coating 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(14). 310 CMR 7.18(15) Fabric surface coating 3/6/81 3/8/82 47 FR 9836 40 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(15) U Fabric Surface Coating 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(15). 310 CMR 7.18(16) Vinyl surface coating 3/6/81 3/8/82 47 FR 9836 40 9/9/82 11/9/83 48 FR 51480 53 Adds test methods. 310 CMR 7.18(16) U Vinyl Surface Coating 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(16). 310 CMR 7.18(17) RACT 9/9/82 11/9/83 48 FR 51480 53 All 100 ton per year sources not covered by a CTG. RACT 3/6/89 54 FR 9213 Enforceability of plan approvals issued under 310 CMR 7.18(17). 6/20/89 11/3/89 54 FR 46388 81 RACT for Cranston Print Works Company dated June 20, 1989. 7/12/89 11/8/89 54 FR 46895 80 RACT for Spalding Corporation Plan Approval dated October 7, 1985 and amended Plan Approval dated July 12, 1989. 8/8/89 11/8/89 54 FR 46897 82 RACT for Duro Textile Printers (SM-85-168-IF). 6/20/89 2/21/90 55 FR 5990 79 RACT Compliance Plan Conditional Approval for Monsanto Chemical Company in Indian Orchard dated 6/20/89. 11/17/89 8/3/90 55 FR 31590 85 RACT for Boston Whaler in Norwell. Amended Plan Approval 4P89005 dated October 19, 1989 and Plan Approval 4P89005 Correction dated Nov. 17, 1989. 11/17/89 8/3/90 55 FR 31593 86 RACT for Boston Whaler in Rockland. Amended Plan Approval (4P89006) dated October 19, 1989 and Plan Approval 4P89006 Correction dated November 17, 1989. Non-CTG RACT determination 11/2/89 11/27/90 55 FR 34915 87 RACT for Philips Lighting Company in Lynn, MA, dated November 2, 1989. RACT 7/9/90 2/19/91 56 FR 6569 89 RACT for General Motors Corporation in Framingham. Amended Plan Approval dated June 8, 1990. RACT 6/13/90 2/27/91 56 FR 8132 88 RACT for Acushnet Company, Titleist Golf Division, Plant A in New Bedford. Amended Plan Approval dated June 1, 1990. RACT 10/16/90 3/20/91 56 FR 11677 90 RACT for Erving Paper Mills. RACT 4/22/90 10/8/91 56 FR 50660 91 RACT amendment for Erving. 310 CMR 7.18(17) RACT 5/13/91 12/14/92 57 FR 58993 95 RACT for Dartmouth Finishing Corporation. 310 CMR 7.18(17) U Reasonable Available Control Technology 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Approval of 310 CMR 7.18(17), (17)(a), (17)(b), (17)(c), (17)(d), (17)(e) and (17)(f). 310 CMR 7.18(17) RACT 5/22/92 7/28/94 59 FR 38374 (99) RACT Approval for S. Bent & Bros. 310 CMR 7.18(17) RACT 7/19/93 1993 1/6/95 60 FR 2017 100 RACT Approval for Nichols & Stone Co. 310 CMR 7.18(17) Reasonably Available Control Technology 3/31/94 3/6/95 60 FR 12125 104 RACT for Brittany Dyeing and Finishing of New Bedford, MA. 310 CMR 7.18(17) Reasonable available control technology 2/17/93 9/3/1999 64 FR 48304 c(117) Adds new VOC RACT requirements in the Springfield, Mass. ozone nonattainment area only. 310 CMR 7.18(18) Polystyrene Resin Manufacture 2/21/86; 2/25/86; 6/23/86 8/31/87 52 FR 32792 73 Regulation pursuant to Group III CTG, “Control of VOC Emissions from the Manufacture of Polystyrene Resins”. 310 CMR 7.18(18) U Polystyrene Resin Manufacturing Technology 8/17/89; 6/7/91 1/11/93 58 FR 3495 93 Replacement of 310 CMR 7.18(18). 310 CMR 7.18(19) Synthetic organic chemical manufacture 11/5/86; 12/10/86 11/19/87 52 FR 44395 74 310 CMR 7.18(20) Emission Control Plans for implementa-tion of reasonably available control technology 2/17/93 9/3/1999 64 FR 48304 c(117) Adds new VOC RACT requirements. 310 CMR 7.18(21) Surface coating of plastic parts 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for plastic parts surface coating. 310 CMR 7.18(22) Leather surface coating 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for leather surface coating. 310 CMR 7.18(23) Wood products surface coating 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for wood product surface coating. 310 CMR 7.18(24) Flat wood paneling surface coating 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for flat wood paneling surface coating. 310 CMR 7.18(25) Offset lithographic printing 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for offset lithographic printing. 310 CMR 7.18(26) Textile finishing 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for textile finishing. 310 CMR 7.18(27) Coating mixing tanks 2/17/93 9/3/1999 64 FR 48304 c(117) Adds VOC RACT for coating mixing tanks. 310 CMR 7.18(28) Automotive Refinishing 01/09/95 2/14/96 61 FR 5699 109 Reasonably Available Control Technology Requirement (RACT) for automotive refinishing. 310 CMR 7.18(29) Bakeries 03/29/95 7/5/00 65 FR 41346 110 Reasonably Available Control Technology Requirement (RACT) for bakeries. 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 9/12/80 3/19/81 46 FR 17551 37 Energy/environment initiative. 12/29/81 4/13/82 47 FR 15790 46 ATF Davidson Company, Northbridge, MA temporary sulfur-in-fuel revision until 12/1/83. 9/28/82 12/1/82 47 FR 54072 52 Polaroid Corp., Waltham, MA temporary sulfur/in/fuel relaxation until 6/1/85. 6/2/83 48 FR 24689 52 Correction notice. 9/29/82 11/23/82 47 FR 52704 51 Northeast Petroleum Corp., Chelsea, MA sulfur content increase from 0.28 to 0.55 lbs/mBtu heat release potential permanently. 4/4/83 3/23/84 49 FR 11092 59 Stanley Woolen Co., Uxbridge, to burn 2.2% until 9/23/86. 10/31/83 3/23/84 49 FR 11091 61 Reed and Barton Silversmiths, Taunton, to burn 2.2% until 9/23/86. 11/16/83 7/30/84 49 FR 30306 62 ATF Davidson Company, Northbridge, to burn 2.2% permanently. 2/2/84 6/15/84 49 FR 24723 63 American Biltrite Corporation, Chelsea, to burn 1.0% until 12/15/86. 7/11/84 9/25/84 49 FR 37591 67 James River Corporation, Hyde Park Mill, Boston to burn 2.2% until 3/25/87. 2/8/85, 10/23/85 4/1/86 51 FR 11021 68 Phillips Academy, Andover, MA to burn 2.2% until September 1, 1988. Interim sulfur-in-fuel limitations for fossil fuel utilities pending conversion to an alternative fuel or implementation of permanent energy conservation measures 2/19/86 8/12/86 51 FR 28814 70 Mary Ellen McCormick and Malverick Family Development facilities in the Boston Housing Authority, Boston to burn 2.2% until February 12, 1989. 5/12/86 11/25/86 51 FR 42565 71 Mission Hill Extension Family Development facility, in the Boston Housing Authority, Boston, MA to burn 2.2% until May 25, 1989. 310 CMR 7.19 NOX RACT 7/15/94 9/2/99 64 FR 48098 119 NOX RACT regulations. 310 CMR 7.19 NOX RACT 10/4/96 9/2/99 64 FR 48098 119 Facility specific NOX RACT for Specialty Minerals, Incorporated. 310 CMR 7.19 NOX RACT 12/2/96 9/2/99 64 FR 48098 119 Facility specific NOX RACT for Monsanto Company's Indian Orchard facility. 310 CMR 7.19 NOX RACT 4/16/99 9/2/99 64 FR 48098 119 Facility specific NOX RACT for Turners Falls Limited Partnership/Indeck Energy Services Turners Falls, Inc., in Montague. 310 CMR 7.19 NOX RACT 4/16/99 9/2/99 64 FR 48099 119 Facility specific NOX RACT for Medusa Minerals Company in Lee. 310 CMR 7.19 NOX RACT 4/16/99 9/2/99 64 FR 48099 119 Approval of the replacement of section 310 CMR 7.19(1)(c)1, (1)(c)8, (2)(b), (3)(a), (3)(c)2, (4)(a)3.b, (7)(a)4, (9), (13)(a), (13)(a)3, (13)(a)9, and (13)(a)13. 310 CMR 7.19 (2)(d) Generic NOX bubbling and trading for RACT sources 3/29/95 8/8/96 61 FR 41338 112 Adds credit creation option for NOX RACT sources. 310 CMR 7.19 (2)(g) Generic NOX bubbling and trading for RACT sources 3/29/95 8/8/96 61 FR 41338 112 Adds credit use option for NOX RACT sources. 310 CMR 7.19(13)(b) Continuous Emissions Monitoring Systems 11/19/99 12/27/00 65 FR 81747 124 revisions to regulatory language. 310 CMR 7.19 (14) Generic NOX bubbling for RACT sources 3/29/95 8/8/96 61 FR 41338 112 Adds quantification, testing, monitoring, record keeping, reporting, and emission control plan requirements for averaging NOX RACT sources. 310 CMR 7.24(5)(b)2 Revision to gasoline volatility testing regulation 10/16/89 4/19/90 55 FR 14832 83 310 CMR 7.24 U Organic Material Storage and Distribution 6/7/91, 11/13/92, 2/17/93 6/30/93 58 FR 34911 58 Replacement of 310 CMR 7.24, 7.24(1), 7.24(2), 7.24(3), and 7.24(4). 310 CMR 7.24(3) Distribution of motor vehicle fuel 2/17/93 9/3/1999 64 FR 48304 c(117) Amends distribution of motor fuel requirements, applicability, recordkeeping and testing requirements. 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel” (Stage II) 05/17/90, 06/07/91 12/14/92 57 FR 58996 97 310 CMR 7.24(6) Dispensing of motor vehicle fuel 2/17/93 9/15/93 58 FR 48318 98 Previous version of rule approved as strengthening the Massachusetts SIP.
  • Revised rule being approved as meeting the Clean Air Act requirements.
    •      310 CMR 7.24(6) Dispensing Motor Vehicle Fuel 08/09/00 09/11/00 12/18/00 65 FR 78976 116 Rule revised to include annual compliance testing and certification. 310 CMR 7.24(8) Marine Volatile Organic Liquid Transfer 10/17/97 4/11/00 65 FR 19326 115 310 CMR 7.25 Best available controls for consumer and commercial products 11/18/94 12/19/95 60 FR 65242 108 Includes architectural & industrial maintenance coatings. 310 CMR 7.25 Best Available Controls for Consumer and Commercial Products 7/30/96 4/11/00 65 FR 19327 115 Definition of “waterproofing sealer” revised. 310 CMR 7.27 NOX Allowance Program 12/19/97 6/2/99 64 FR 29569 (c)(118) Approval of NOx cap and allowance trading regulations 11/19/99 12/27/00 65 FR 81747 124 adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 7.27(15)(e). 310 CMR 7.28 NOX Allowance Trading Program January 7, 2000 12/27/00 65 FR 81747 124 310 CMR 7.30 Massport/Logan Airport Parking Freeze 12/26/00 March 12, 2001 66 FR 14319 130 Applies to the parking of motor vehicles on Massport property. 310 CMR 7.31 City of Boston/East Boston Parking Freeze 12/26/00 March 12, 2001 66 FR 14319 130 Applies to the parking of motor vehicles within the area of East Boston. 310 CMR 7.33 City of Boston/South Boston Parking Freeze 7/30/93 10/15/96 61 FR 53633 111 Applies to the parking of motor vehicles within the area of South Boston, including Massport property in South Boston. 310 CMR 7.36 Transit system improvements regulations 12/9/91 10/4/94 59 FR 50498 101 Transit system improvement regulation for Boston metropolitan area. 310 CMR 7.37 High occupancy vehicle lanes regulation 12/9/91 10/4/94 59 FR 50498 101 High occupancy vehicle lanes regulation for Boston metropolitan area. 310 CMR 7.38 Tunnel vent certification regulation 1/30/91 10/8/92 57 FR 46312 96 Tunnel ventilation certification regulation for Boston metropolitan area. 310 CMR 7.40 Low emission vehicle 11/15/93
  • 05/11/94
    •  2/1/95 60 FR 6030 103 Substitute for CFFP.     310 CMR 7.50 Variances, regulations for control of air pollution in the six MA APCDs 9/14/74 10/8/76 41 FR 44395 7 9/14/74 2/4/77 42 FR 6812 7 Correction. 310 CMR 7.51 Hearings relative to orders and approvals 8/28/72 10/28/72 37 FR 23085 4 310 CMR 7.52 Enforcement provisions 8/28/72 10/28/72 37 FR 23085 4 310 CMR 8 Regulations for the prevention and/or abatement of air pollution episode and air pollution incident emergencies 2/22/72 10/28/72 37 FR 23085 1 12/30/76 9/2/77 42 FR 44235 12 Changes significant harm and alert levels. 310 CMR 60.02 Regulations for the enhanced Motor Vehicle Inspection and Maintenance Program 5/14/99 11/15/00 65 FR 68900 122 Replaces requirements for I/M tests with enhanced I/M test requirements. 540 CMR 4.00 Periodic Annual Staggered Safety and Emissions Inspection of Motor Vehicles 5/13/99 11/15/00 65 FR 68900 122 Revises Requirements for Inspections and Enforcement of I/M Program Notes: 1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date. 2. The regulations are effective statewide unless stated otherwise in comments or title section.     [49 FR 49454, Dec. 20, 1984] Editorial Note:

    For Federal Register citations affecting § 52.1167, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
    § 52.1168 Certification of no sources.

    The Commonwealth of Massachusetts has certified to the satisfaction of EPA that no sources are located in the Commonwealth which are covered by the following Control Techniques Guidelines:

    (a) Large Petroleum Dry Cleaners.

    (b) Natural Gas/Gasoline Processing Plants.

    (c) Air Oxidation Processes/SOCMI.

    (d) Polypropylene/Polyethylene Manufacturing.

    [52 FR 32792, Aug. 31, 1987]
    § 52.1168a Part D—Disapproval of Rules and Regulations.

    On December 30, 1985, the Massachusetts Department of Environmental Quality Engineering (DEQE) submitted a revision to the Massachusetts State Implementation Plan (SIP) for the automobile surface coating regulation. This revision requested an extension of the final compliance dates to implement reasonably available control technology (RACT) on topcoat and final repair applications. As a result of EPA's disapproval of this revision, the existing compliance date of December 31, 1985 specified in the automobile surface coating regulation contained in the Massachusetts SIP will remain in effect (Massachusetts Regulation 310 CMR 7.18(7) as approved by EPA and codified at 40 CFR 52.1120(c)(30) and (53)).

    [53 FR 36014, Sept. 16, 1988]
    § 52.1169 Stack height review.

    The Commonwealth of Massachusetts has declared to the satisfaction of EPA that no existing emission limitations have been affected by stack height credits greater than good engineering practice or any other prohibited dispersion technique as defined in EPA's stack height regulations, as revised on July 8, 1985. This declaration was submitted to EPA on April 8, 1986. The commonwealth has further declared in a letter from Bruce K. Maillet, dated June 24, 1986, that, “[A]s part of our new source review activities under the Massachusetts SIP and our delegated PSD authority, the Department of Environmental Quality Engineering will follow EPA's stack height regulations, as revised in the Federal Register on July 8, 1985 (50 FR 27892).” Thus, the Commonwealth has satisfactorily demonstrated that its regulations meet 40 CFR 51.118 and 51.164.

    [52 FR 49407, Dec. 31, 1987]
    Subpart X—Michigan
    § 52.1170 Identification of plan. Link to an amendment published at 67 FR 43549, June 28, 2002.

    (a) Title of plan: “Implementation Plan for the Control of Suspended Particulates Sulfur Oxides, Carbon Monoxide, Hydrocarbons, Nitrogen Oxides, and Photochemical Oxidants in the State of Michigan.”

    (b) The plan was officially submitted on February 3, 1972.

    (c) The plan revisions listed below were submitted on the dates specified.

    (1) Re-evaluation of control strategies for Berrien and Ingham Counties were submitted on March 3, 1972, by the State Air Pollution Office.

    (2) Amendments to the Michigan air pollution rules for the control of SO2 emissions (Part 3) and the prevention of air pollution episodes (Part 6) submitted by the Governor on March 30, 1972.

    (3) An amendment to the Grand Rapids air pollution ordinance (section 9.35 and section 9.36) was submitted on May 4, 1972, by the Grand Rapids Department of Environmental Protection.

    (4) Reasons and justifications concerning general requirements of control strategy for nitrogen dioxide, compliance schedules, and review of new sources and modifications submitted on July 12, 1972, by the Governor.

    (5) A letter from the State Department of Public Health submitted on July 24, 1972, described how emissions data would be made available to the public.

    (6) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on February 16, 1973.

    (7) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on May 4, 1973.

    (8) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on September 19, 1973.

    (9) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on October 23, 1973.

    (10) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources on December 13, 1973.

    (11) Air Quality Maintenance Area identifications were submitted on June 27, 1974, by the State of Michigan Department of Natural Resources.

    (12) Air Quality Maintenance Area identifications were submitted on October 18, 1974, by the State of Michigan Department of Natural Resources.

    (13) Provisions to disapprove an installation permit if the applicant source would interfere with the attainment or maintenance of national air quality standards were submitted by the Governor on January 25, 1974.

    (14) Order extending the final compliance dates for meeting the sulfur dioxide emission limitation was submitted by the Michigan Department of Natural Resources for the Karn, Weadock and Cobb Plant Units of the Consumers Power Co.

    (15) Order extending compliance date for meeting the sulfur dioxide emission limitation was submitted by the State of Michigan Department of Natural Resources for the Detroit Edison Company, Monroe County Plant on December 12, 1977.

    (16) On April 25, 1979, the State submitted its nonattainment area plan for areas designated nonattainment as of March 3, 1978 and as revised on October 5, 1978. This submittal contained Michigan's Part D attainment plans for particulate matter, carbon monoxide, sulfur dioxide, transportation and new source review, plus a copy of Michigan's existing and proposed regulations. USEPA is not taking action at this time to include in the federally approved SIP certain portions of the submittal: Provisions in R 336.1310 concerning open burning; 336.1331, insofar as it may pertain to process sources in the iron and steel category and site specific revisions; 1349, 1350, 1351, 1352, 1353, 1354, 1355, 1356 and 1357 as they pertain to specific iron and steel source operations; Part 5, Extension of Sulfur Dioxide Compliance Date for Power Plants Past January 1, 1980; Part 7, Emission Limitations and Prohibitions—New Sources of Volatile Organic Compound Emissions; R336.1701-1710 controlling minor sources of volatile organic compounds; Part 11, Continuous Emission Monitoring; Part 13, Air Pollution Episodes; Part 16, Organization and Procedures; and Part 17, Hearings.

    (17) On October 12, 1979, the State submitted comments and commitments in response to USEPA's notice of proposed rulemaking.

    (18) On January 9, 1980, the State submitted a copy of the finally adopted rules of the Commission. These rules became fully effective on January 18, 1980. These finally adopted rules are identical to the rules submitted on April 25, 1979, as part of Michigan's Part D nonattainment area plan except for a modification in the numbering system. Paragraph (c)(16) of this subpart identifies those rules on which USEPA has not taken action.

    (19) On February 6, 1980, the State submitted the visible emission test method for stationary sources referenced in Rule 336.1303 as being on file with the Michigan Air Pollution Control Commission. On March 7, 1980, the State submitted clarifications to the visible emissions test method.

    (20) On March 31, 1980, the State submitted revisions to the conditional approval schedules for total suspended particulates.

    (21) On July 25, 1979, the State submitted the official ozone attainment plan as part of the State Implementation Plan.

    (22) On October 26, 1979, the State submitted comments and revisions to the transportation plans and vehicle inspection/maintenance portions of the State Implementation Plan for ozone in response to USEPA's notice of proposed rulemaking (45 FR 47350).

    (23) On November 8, 1979, the State submitted revisions to the ozone attainment plan.

    (24) On December 26, 1979, the State submitted comments and additional information from the lead local agencies on the transportation control plans for the Flint, Lansing, Grand Rapids and Detroit urban areas.

    (25) On May 12, 1980, the State submitted corrections and comments in response to USEPA's notice of proposed rulemaking (45 FR 25087).

    (26) On March 20, 1980, the State submitted commitments and additional revisions to the Inspection/Maintenance program for the Detroit urban area.

    (27) On February 23, 1979, compliance schedules were submitted by the State of Michigan, Department of Natural Resources to USEPA for the Detroit Edison, St. Clair Power Plant. Additional material concerning the Final Order issued to the Detroit Edison, St. Clair Power Plant was submitted on June 17, 1979 and August 14, 1979.

    (28) On August 22, 1979, the State of Michigan submitted to USEPA an Administrative Order, for the Lansing Board of Water and Light (Order No. 4-1979, adopted May 23, 1979). In letters dated February 13, 1980 and April 1, 1980, the State of Michigan withdrew certain paragraphs (sections A, B, C1, D, E, F, and G) of the Order from consideration by USEPA.

    (29) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources to USEPA on October 26, 1979, for the Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 08-1979, adopted October 17, 1979).

    (30) On July 26, 1979, the State of Michigan submitted to USEPA a revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell Plant. The revision is a Final Order (No. 05-1979) extending the compliance date until January 1, 1985 for the Campbell Plant to meet the sulfur dioxide emission limitations in Rule 336.49. On February 14, 1980, the State of Michigan submitted to USEPA an amendment to Order No. 05-1979.

    (31) Compliance schedules were submitted by the State of Michigan, Department of Natural Resources to USEPA on November 13, 1979, for the S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09-1979, adopted October 31, 1979).

    (32) On December 19, 1979, the State of Michigan submitted a revision to provide for modification of the existing air quality surveillance network.

    (33) On December 10, 1979, the State of Michigan submitted to USEPA a Final Order (APC No. 6-1979) issued by the Michigan Air Pollution Control Commission to the Consumers Power Company B.C. Cobb Plant. The Order requires the source to utilize 2.5% sulfur on an annual basis until January 1, 1985 when the company must meet the sulfur dioxide (SO2) emission limitation in Michigan Rule 336.1401.

    (34) On January 8, 1980, the State of Michigan submitted to USEPA a Final Order (APC No. 14-1979) requested of the Michigan Air Pollution Control Commission (MAPCC) by the Union Camp Corporation in Monroe County, Michigan. The Order permitted the Union Camp Corporation to burn 2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980 until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on an annual average and 4.0% sulfur fuel daily average. Beginning July 1, 1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur fuel annual average and 3.5% sulfur fuel daily average. After January 1, 1985; the Company has agreed to comply with the SO2 emission limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.

    (35) On August 4, 1980 and August 8, 1980, the State of Michigan submitted to EPA additional information on the transportation control plan for the Niles, Michigan urbanized area.

    (36) On January 10, 1980, the State of Michigan submitted to USEPA a Final Order (APC No. 16-1979) issued by the Michigan Air Pollution Control Commission to the Northern Michigan Electric Cooperative Advance Steam Plant. The Order allows the source to continue burning 2.0% sulfur coal (maximum daily average) until January 1, 1985 when the Company must meet the sulfur dioxide (S02) emission limitations in Michigan Rule 336.1401.

    (37) On November 26, 1980, the State submitted a schedule to correct plan deficiencies cited by USEPA in its September 9, 1980 notice of proposed rulemaking on a portion of Michigan's Part D TSP control strategy pertaining to iron and steel sources. On April 1, 1981, the State submitted a revised schedule. USEPA has not taken action on the schedule submitted by the State.

    (38) On April 10, 1981 the Governor of Michigan committed to annually administer and submit the questionnaire developed for the purposes of section 128.

    (39) On July 28, 1980, the State of Michigan submitted to EPA, as revisions to the Michigan SIP, amendments to Rules 283 and 610 of the Michigan Air Pollution Control Commission.

    (40) Revised compliance schedules were submitted by the State of Michigan, Department of Natural Resources (MDNR) to EPA on January 14, 1981, for the Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 16—1980, adopted November 19, 1980). The revised Order provides an earlier final compliance date of December 31, 1980 for reducing the particulate matter emissions to 0.20 pounds per 1,000 pounds of exhaust gases and December 31, 1981 for visible emission reductions from the Company's cement kilns.

    (41) On April 25, 1979, the State submitted materials which satisfy the intergovernmental consultation process.

    (42) On July 28, 1980, the State submitted an amendment to Michigan Air Pollution Control Commission Rule 221 which exempts minor sources of particulate matter and sulfur dioxide from the offset requirements.

    (43) On August 25, 1981, the State of Michigan, Department of Natural Resources (MDNR), submitted to EPA Consent Order No. 16-1981 for the Marathon Oil Company in Muskegon County. Consent Order No. 16-1981 satisfies USEPA's conditional approval of R336.1603 by providing detailed compliance schedules containing the increments of progress required by 40 CFR 51.15.

    (44) On September 1, 1981, the State of Michigan, Department of Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220 requiring offsets in ozone nonattainment areas to exempt the same compounds listed in EPA's Federal Register of July 22, 1980 (45 FR 48941). The revised R336.1220 also allows offsets of emissions for new sources in any of the seven counties in the southeastern Michigan ozone nonattainment area to be obtained from any of those counties, not just the county in which the new source is locating (Wayne, Oakland, Macomb, St. Clair, Washtenaw, Livingston, and Monroe).

    (45) On May 24, 1980, the State of Michigan, Department of Natural Resources (MDNR) submitted Consent Order APC No. 10-1979 for the Buick Motor Division Complex (BMDC) of the Buick Motors Division, General Motors Corporation. The BMDC is located in the City of Flint, Genesee County, a primary nonattainment area. On December 2, 1980, supplementary information was submitted by MDNR. The Consent Order contains enforceable emission limitations and control measures for the attainment of the primary TSP standards in Genesee County by December 31, 1982.

    (46) On July 17, 1980, the State of Michigan, Department of Natural Resources (MDNR) submitted Consent Order APC No. 01-1980 for the Grey Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet Motor Division, General Motors Corporation. The two plants are located in Saginaw County, a primary nonattainment area. On September 5, 1980 and February 6, 1981, supplementary information was submitted by MDNR. The Consent Order contains enforceable emission limitations and control measures for the attainment of the primary TSP standards in Saginaw County by December 31, 1982.

    (47) On March 4, 1981, the State of Michigan, Department of Natural Resources (MDNR) submitted Consent Order APC No. 12-1980 for the New Haven Foundry located in Macomb County, a secondary nonattainment area. The Consent Order contains enforceable emission reductions to achieve the secondary TSP standards by June 30, 1985.

    (48) On May 1, 1981, the State of Michigan, through the Department of Natural Resources, submitted Consent Order 07-1981 for the Detroit Edison Company, Boulevard Heating Plant located in the City of Detroit, Wayne County. Under Michigan Rule 336.1331(1)(a), the plant was restricted to a particulate emission limit of 0.45 pounds of particulate per 1000 pounds flue gas or an equivalent of 410 tons per year. The Consent Order, pursuant to Michigan Rule 333.1331(1)(d), establishes a new limitation for the Boulevard Plant of 0.65 pounds per 1000 pounds of flue gas with a daily limit of 0.9 tons per day and 10 tons per year.

    Pursuant to the provisions of 5 U.S.C. 605(b), the Administrator certified on January 27, 1981 (46 FR 8709) that the attached rule will not have a significant economic impact on a substantial number of small entities.

    (49) On March 7, 1980 and April 21, 1981 the State of Michigan submitted particulate studies for the Detroit area. These studies satisfy EPA's conditional approval and the State's commitment.

    (50) On October 22, 1981, the State of Michigan submitted as a SIP revision Consent Order No. 17-1981, between Conoco, Inc., and the Michigan Air Pollution Control Commission. The Consent Order establishes a compliance schedule for Conoco, Inc. to achieve the Volatile Organic Compounds (VOC) limitations in R336.1609 by December 31, 1982.

    (51) On December 27, 1979, the State of Michigan, Department of Natural Resources (MDNR), submitted to EPA a revision to the State Implementation Plan (SIP) for Lead. On February 9, 1981, the State of Michigan submitted a letter clarifying provisions of its Lead SIP. The SIP provides for the implementation of measures for controlling lead emissions for the attainment and maintenance of the national ambient air quality standards for lead in Michigan by October 31, 1982.

    (52) On June 26, 1981, the State of Michigan, Department of Natural Resources, submitted to EPA Consent Order No. 12-1981 for controlling particulate emissions from the liquid waste incinerator in Building 830 at the Dow Chemical Company's Midland plant. The Consent Order provides a schedule which establishes a final particulate emissions compliance date of October 1, 1982.

    (53) On August 24, 1981, the State of Michigan, Department of Natural Resources, submitted to EPA Consent Order APC No. 19-1981 for controlling particulate emissions from Dow's West Side and South Side powerplants. On October 16, 1981, the State of Michigan submitted a letter to EPA clarifying specific sections intended for EPA's rulemaking action. All particulate emission sources at Dow must comply with various parts of Michigan's SIP by December 31, 1985. The Consent Order does not interfere with the attainment of the primary particulate NAAQS standard by December 31, 1982 or the secondary particulate NAAQS by October 1, 1984.

    (54) On December 16, 1981, the State of Michigan submitted to EPA Consent Order APC No. 21-1981 for the Monitor Sugar Company. Consent Order APC No. 21-1981 provides for additional controls on its coal-fired boilers, 1, 2, 3, and 4 and establishes a final compliance date of October 15, 1982 for attaining the primary National Ambient Air Quality Standards.

    (55) On January 7, 1982, the State of Michigan submitted to EPA Consent Order APC No. 23-1981 for the Traverse City Board of Light and Power. Consent Order APC No. 23-1981 limits the company's operation of its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides for additional controls on its No. 4 coal-fired boiler; and establishes a final compliance date of December 31, 1982.

    (56) On September 2, 1981, the State of Michigan submitted a revision to the ozone plan consisting of RACT requirements for the control of volatile organic compound emissions from stationary industrial sources (Group II) referenced in Rules R336.1101-3, 5-9, 14-16, 18-21, 23; R336.1601, 3-4, 10, 19-27; and R336.2005.

    (57) On March 3, 1982, the State of Michigan submitted a modification to its schedule for submitting by December 31, 1982 regulations developed to correct the State's deficiencies in its Part D State Implementation Plan for the attainment of the total suspended particulate air quality standards in its nonattainment areas containing iron and steel sources.

    (58) On December 16, 1981, the State of Michigan submitted as a SIP revision consent order APC No. 18-1981 between General Motors Warehousing and Distribution Division and the Michigan Air Pollution Control Commission. On March 16, 1982, Michigan submitted an amendment to consent order APC No. 18-1981. The Consent Order provides a one year extension from October 15, 1982 until October 15, 1983 for the Company's No. 1 and No. 2 boilers and establishes a compliance date of October 15, 1981, for boilers 3 and 4. The Consent Order contains a schedule for compliance which specifies emission limits of 0.45 pounds of particulate per 1,000 pounds of gas as required in Michigan's rule 336.1331(c) Table 31.

    (59) [Reserved]

    (60) On April 5, 1982, the State of Michigan submitted Consent Order APC No. 02-1980 along with alterations to Section 5(D) of the Consent Order for the Hayes-Albion foundry in Calhoun County. The Consent Order contains control measures beyond the present requirements of Michigan's R336.1301 and R336.1331 for Total Suspended Particulate (TSP) emissions and evaluation methods for determining significant particulate emission sources from the foundry. On June 18, 1982, the State of Michigan also submitted a Fugitive Dust Control Plan and a Malfunction Abatement Plan for the Hayes-Albion foundry. On September 21, 1982, the State of Michigan formally submitted Permits 314-79 and 375-79 for the American Colloid Plant.

    (61) On March 6, 1981, the State of Michigan submitted as a SIP revision general rules for fugitive dust control. These rules were approved by the Michigan Air Pollution Control Commission on January 20, 1981, and became effective at the State level on February 17, 1981. On January 25, 1982, May 3, 1982, and August 24, 1982, Michigan submitted additional information and commitments. The submittal of March 6, 1981, along with the additional information and commitments satisfies the State's commitment to submit industrial fugitive dust regulations that represent reasonably available control techniques for industrial fugitive dust sources.

    (62) On July 28, 1982, the State of Michigan submitted Consent Order No. 06-1981 for the Clark Oil and Refining Corporation for volatile organic 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.

    (63) On September 8, 1982, the State of Michigan submitted as a SIP revision Consent Order No. 03-1982, between the Hydra-Matic Division, General Motors Corporation and the Michigan Air Pollution Control Commission. The Consent Order establishes a compliance schedule containing increments of progress dates and a final date of November 1, 1982 for Boiler No. 5 to comply with Michigan's R336.331.

    (64) On September 21, 1982, the State of Michigan submitted as a SIP revision Consent Order No. 13-1982, between the Diamond Crystal Salt and the Michigan Air Pollution Control Commission, the Consent Order establishes a compliance schedule containing increments of progress dates and a final date of December 18, 1982 for Boiler No. 5 to comply with Michigan's R336.331.

    (65) [Reserved]

    (66) On September 8, 1982, the State of Michigan submitted as a State Implementation Plan (SIP) revision consent order No. 08-1982, between the General Motors, Buick Motor Division and the Michigan Air Pollution Control Commission. The Consent Order establishes a Volatile Organic 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.

    (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.

    (68) On September 8, 1982, the State of Michigan submitted as a State Implementation Plan (SIP) revision Consent Order No. 10-1982, between Chevrolet Truck Assembly and the Michigan Air Pollution Control Commission. The Consent Order establishes a Volatile Organic Compound (VOC) emission compliance schedule as required under Michigan's Rule 336.1603 and 336.1610, and extends the compliance date for surface coating operations until December 31, 1987. On November 29, 1982, and March 10, 1983, the State submitted additional information.

    (69) On September 8, 1982, the State of Michigan submitted as a State Implementation Plan (SIP) revision Consent Order No. 11-1982, between the General Motors Fisher Body Division, Fleetwood Plant and the Michigan Air Pollution Control Commission. On March 10, 1983, the State submitted additional information for this SIP revision. The Consent Order establishes a Volatile Organic Compound (VOC) emissions compliance schedule as required under Michigan's Rules 336.1603 and 336.1610, and extends the final compliance date for surface coating operations until December 31, 1987.

    (70) On September 8, 1982, the State of Michigan submitted as a State Implementation Plan (SIP) revision Consent Order No. 12-1982, between the General Motors, Cadillac Motors Car Division and the Michigan Air Pollution Control Commission. On March 10, 1983, the State submitted additional information for this SIP revision. The Consent Order establishes a Volatile Organic Compound (VOC) emission compliance schedule as required under Michigan's Rule 336.1603 and R336.1610, and extends the compliance date for surface coating operations until December 31, 1987.

    (71) On September 1, 1982, the State of Michigan submitted a request to reduce the size of the ozone demonstration area for Southeast Michigan from the seven-county area of Wayne, Oakland, Macomb, Livingston, Monroe, St. Clair and Washtenaw to a three-county area consisting of Wayne, Oakland, and Macomb Counties.

    (72) On November 18, 1982, the State of Michigan submitted Consent Order APC No. 06-1980, along with alterations for the General Motors Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant in the City of Saginaw, County of Saginaw as a revision to the Michigan SIP. Consent Order No. 06-1980, as amended, reflects an interim and final particulate emission limit more stringent than Michigan's rule 336.1331; extends the final date of compliance with Michigan's Rule 336.1301 for opacity on the oil quench facilities from December 31, 1982, to December 15, 1983, which is as expeditiously as practicable and before the July 31, 1985, attainment date for the secondary TSP NAAQS in Michigan.

    (73) On June 30, 1983, the State of Michigan submitted as a State Implementation Plan (SIP) revision. Consent Order No. 4-1983 between the General Motors Corporation's Oldsmobile Division and the Michigan Air Pollution Control Commission. The Consent Order establishes a Volatile Organic Compound (VOC) emissions compliance schedule as required under Michigan's Rule 336.1603 and 336.1610, and extends the final compliance dates for prime, primer-surfacer, topcoat, and final repair operations until December 31, 1987.

    (74) On June 30, 1983, the State of Michigan submitted as a State Implementation Plan (SIP) revision. Consent Order No. 5-1983, between the General Motors Corporation's Assembly Division and the Michigan Air Pollution Control Commission. The Consent Order established a Volatile Organic Compound (VOC) emission compliance schedule as required under Michigan's Rule 336.1603 and R336.1610, and provides interim compliance limits to be achieved by December 31, 1984, and extends the final compliance dates for topcoating and final repair coating operations until December 31, 1987.

    (75) On October 4, 1983, the State of Michigan submitted: (1) A revised Consent Order APC No. 12-1979 between CWC Castings Division of Textron and the Michigan Air Pollution Control Commission and (2) Article 14, Section J of the Muskegon County APC Rules. Consent Order APC No. 12-1979 requires reductions of point source emissions and fugitive emissions and extends the installation schedule of specified control devices to December 31, 1984. Article 14, Section J, provides a ban on open residential and leaf burning in Muskegon County. EPA approves the additional control measures contained in Consent Order APC No. 12-1979 and the open burning ban. EPA takes no action on the overall approval of Michigan's Part D secondary nonattainment area for Muskegon County.

    (76) On August 24, 1983, the State of Michigan submitted a State Implementation Plan (SIP) revision request for an extension of the compliance date for Boiler No. 2 for the General Motors Corporation Warehousing and Distribution Division, in Swartz Creek County. Consent Order No. 18-1981 extends the compliance date until October 15, 1985 for GMC to install mechanical collectors on Boiler No. 2.

    (77) On March 8, 1984, the State of Michigan submitted a report which demonstrated that Rule 336.1606 contains emission limits equivalent to Reasonable Available Control Technology (RACT) for Wayne, Oakland and Macomb Counties. Therefore, USEPA remove its conditional approval of Rule 336.1606 and fully approves the State's rule.

    (78) On September 6, 1984, the State of Michigan submitted a revision to the Michigan State Implementation Plan for the General Motors Corporation Buick Motor Division in the form of an Alteration of Stipulation for Entry of Consent Order and Final Order, No. 8-1982. The original Consent Order No. 8-1982 was federally approved on July 6, 1983. This alteration revises Consent Order No. 8-1982, in that it accelerates the final compliance dates for prime and prime-surfacer operations and extends an interim compliance date for topcoat operations.

    (i) Incorporation by reference.

    (A) State of Michigan, Air Pollution Control Commission, Alteration of Stipulation for Entry Consent Order and Final Order SIP No. 8-1983, which was approved by the Air Pollution Control Commission on April 2, 1984.

    (B) Letter of September 6, 1984, from the State of Michigan, Department of Natural Resources, to EPA.

    (79) On December 2, 1983, USEPA proposed to withdraw its approval of Michigan's fugitive dust regulations. On April 25, 1985, the State of Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and new Rule 336.1373. However, they did not meet the requirements of Part D of section 172(b); and USEPA, therefore, withdrew its approval of these submittals, disapproved these submittals, and instituted new source restrictions for major sources in the Michigan primary Total Suspended Particulate (TSP) nonattainment areas on August 20, 1985. USEPA incorporates revised Rule 336.1371 and newly submitted Rule 336.1373 into the Michigan State Implementation Plan because they provide a framework for the development of fugitive dust control programs at the State level in Michigan. USEPA retains Rule 336.1372, which is already incorporated into the Michigan SIP, insofar as it applies to sources in TSP attainment areas. This paragraph supercedes paragraph (C)(61) of this section.

    (i) Incorporation by reference.

    (A) Michigan Department of Natural Resources Rules 336.1371 and 336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.

    (80) On July 27, 1983, the State of Michigan submitted Consent Order No. 08-1983 for the General Motors Corporation Central Foundry Division's Saginaw Malleable Iron Plant, as a revision to the Michigan State Implementation Plan for Total Suspended Particulates. Consent Order No. 08-1983 amends control strategy provisions of federally approved (November 18, 1982 and August 15, 1983) Consent Order No. 06-1980 and its alteration.

    (i) Incorporation by reference.

    (A) Stipulation for Entry of Consent Order and Final Order No. 08-1983 for the General Motors Corporation Central Foundry Division's Saginaw Malleable Iron Plant amending Control Strategy Provisions issued June 9, 1983.

    (81) On October 1, 1984, the State of Michigan submitted the Stipulation for Entry of Consent Order and Final Order, SIP No. 12-1984, between the Consumer Power Company's J.H. Campbell and the Michigan Air Pollution Control Commission as a revision to the Michigan SO2 SIP. Consent Order No. 12-1984 provides a 3-year compliance date extension (January 1, 1985, to December 31, 1987) for the J.H. Campbell Units 1 and 2 to emit SO2 at an allowable rate on a daily basis of 4.88 lbs/MMBTU in 1985, 4.78 lbs/MMBTU in 1986, and 4.68 lbs/MMBTU in 1987.

    (i) Incorporation by reference.

    (A) October 1, 1984, Stipulation for Entry of Consent Order and Final Order, SIP No. 12-1984, establishing interim daily average SO2 emission limitations and quarterly average limits on percent sulfur is fuel fired.

    (82) The State of Michigan submitted negative declarations for several volatile organic compound source categories, as follows:

    October 10, 1983—Large petroleum dry cleaners; May 17, 1985—High-density polyethylene, polypropylene, and polystyrene resin manufacturers; June 12, 1985—Synthetic organic chemical manufacturing industry sources (SOCMI) oxidation.

    (i) Incorporation by reference.

    (A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985, from Robert P. Miller, Chief, Air Quality Division, Michigan Department of Natural Resources. The letter dated June 12, 1985, includes pages 2-119 and 2-120 from the revised 1982 Air Quality Implementation Plan for Ozone and Carbon Monoxide in Southeast Michigan.

    (83) On September 16, 1985, the State of Michigan submitted a SIP revision requesting alternate opacity limits for the Packaging Corporation of America (PCA) bark boiler. The request is in the form of a Stipulation for Entry of Consent Order and Final Order (No. 23-1984). The Consent Order contains an extended schedule for the PCA's bark boiler to comply with Michigan's Rule 336.1301.

    (i) Incorporation by reference. (A) Stipulation for Entry of Consent Order and Final Order No. 23-1984 for the Packaging Corporation of America, approved on July 8, 1985.

    (84) On April 29, 1986, the State of Michigan submitted a revision to the Michigan State Implementation Plan (SIP) for total suspended particulates (TSP). The revision, in the form of Air Pollution Control Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in the TSP portion of the Michigan SIP with respect to: car ferries having the capacity to carry more than 110 motor vehicles; and coal-fired trains used in connection with tourism.

    (i) Incorporation by reference. (A) Act No. 65 of the Public Acts of 1986, as approved by the Governor of Michigan on March 30, 1986.

    (85) On April 25, 1979, the State of Michigan submitted as revisions to the Air Quality Implementation Plan, Michigan Department of Natural Resources Air Pollution Control Commission General Rules for Open Burning; Continuous Emission Monitoring; Air Pollution Episodes; Organization, Operation and Procedures; and Hearings.

    (i) Incorporation by reference.

    (A) R 336.1310, Open Burning, effective January 18, 1980.

    (B) R 336.2101-3, R 336.2150-5, R 336.336-2159, R 336.2170, R336.2175-6, R 336.2189-90, and R 336.2199; Continuous Emission Monitoring, effective January 18, 1980.

    (C) R 336.2301-8, Air Pollution Episodes, effective January 18, 1980.

    (D) R 336.2601-8, Organization, Operating, and Procedures, effective January 18, 1980.

    (E) R 336.2701-6, Hearings, effective January 18, 1980.

    (86) On May 25, 1988, the State of Michigan submitted an SIP revision in the form of an addendum to the State's Rule 336.1122, effective at the State level on May 20, 1988. The amendment will allow coating companies to exclude methyl chloroform from the VOC emission calculation when it is not technically or economically reasonable. This exemption applies only to the surface coating operations that are subject to Part 6 (Emission Limitations and Prohibitions—Existing Sources of VOC Emissions) or Part 7 (Emission Limitations and Prohibitions—New Sources of VOC Emissions) of the State's regulations.

    (i) Incorporation by reference.

    (A) R336.1122, Methyl Chloroform; effective at the State level on May 20, 1988.

    (87)-(89) [Reserved]

    (90) On December 17, 1987, the State of Michigan submitted to USEPA a revision to the Michigan State Implementation Plan for the Continental Fiber Drum, Inc., which limits volatile organic compound emissions from the surface coating operations at the facility.

    (i) Incorporation by reference.

    (A) State of Michigan, Air Pollution Control Commission, Stipulation for Entry of Consent Order and Final Order No. 14-1987, which was adopted by the State on December 9, 1987.

    (B) Letter of December 17, 1987, from the State of Michigan, Department of Natural Resources to USEPA.

    (91) On May 17, 1985, the State submitted revised rules for the control of particulate matter from iron and steel sources and from other sources in Michigan. These rules were submitted to fulfill conditions of USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total suspended particulates (TSP) State Implementation Plan (SIP). USEPA is approving these revised rules in the Michigan submittal except for the following provisions: The quench tower limit in rule 336.1331, Table 31, Section C.8, because allowing water quality limits to apply only to makeup water is a relaxation; the deletion of the limit in rule 336.1331 for coke oven coal preheater equipment, because it is a relaxation, and rule 336.1355, because it provides an unlimited exemption for emissions from emergency relief valves in coke oven gas collector mains.

    (i) Incorporation by reference.

    (A) Revision to parts 1, 3, and 10 of Michigan's administrative rules for air pollution control (Act 348 of 1967, as amended) as adopted by the Michigan Air Pollution Control Commission on December 18, 1984. These rules became effective in Michigan on February 22, 1985.

    (92) On October 10, 1986, the State of Michigan supported portions of the revised Wayne County Air Pollution Control Division Air Pollution Control Ordinance as approved by Wayne County on September 19, 1985, as a revision to the Michigan State Implementation Plan.

    (i) Incorporation by reference.

    (A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5, section 501, of the Wayne County Ordinance which incorporate by reference the following parts of the State rules: The quench tower limit in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in Rule 336.1331 for coke oven coal preheater equipment; and Rule 336.1355), 8 (except section 802), 9, 11, 12, 13 and appendices A and D of the Wayne County Air Pollution Control Division (WCAPCD) Air Pollution Control Ordinance as approved by WCAPCD on September 19, 1985.

    (93) On November 16, 1992, the Michigan Department of Natural Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 Michigan Air Pollution Reporting Forms, Reference Tables, and General Instructions as the States emission statement program. Natural Resources Commission Rule 336.202 (Rule 2) became effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became effective July 23, 1965.

    (i) Incorporation by reference.

    (A) Natural Resources Commission Rule 336.202 (Rule 2) became effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became effective July 23, 1965.

    (94) On November 13, 1992, January 8, 1993, and November 12, 1993, the State of Michigan submitted a Small Business Stationary Source Technical and Environmental Assistance Program for incorporation in the Michigan State Implementation Plan as required by section 507 of the Clean Air Act.

    (i) Incorporation by reference.

    (A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts of 1993, approved by the Governor on April 1, 1993, and effective upon approval.

    (95) On November 15, 1993, the State of Michigan requested revision to the Michigan State Implementation Plan (SIP) to incorporate miscellaneous technical rule changes that the State had made effective April 20, 1989.

    (i) Incorporation by reference.

    (A) Michigan Air Pollution Control Rules: R 336.1107 (except paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R 336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705, effective April 20, 1989.

    (96) Revisions to the Michigan Regulations submitted on June 12, 1993 and November 12, 1993 by the Michigan Department of Natural Resources:

    (i) Incorporation by reference.

    (A) Revisions to the following provisions of the Michigan Air Pollution Control Commission General Rules filed with the Secretary of State on April 12, 1993 and effective on April 27, 1993:

    (1) R 336.1101 Definitions; A—Revised definitions of the following terms: actual emissions, air-dried coating, air quality standard, allowable emissions and alternate opacity.

    (2) R 336.1103 Definitions; C—Added definition of coating category. Revised definitions of the following terms: calendar day, class II hardboard paneling finish, coating line, coating of automobiles and light-duty trucks coating of fabric, coating of large appliances, coating of paper, coating of vinyl, component, component in field gas service, component in gaseous volatile organic compound service, component in heavy liquid service, component in light liquid service, component in liquid volatile organic compound service, condenser, conveyorized vapor degreaser, and creditable.

    (3) R 336.1105 Definitions; E—Added definition of the term extreme environmental conditions. Revised definitions of the following terms: electrostatic prep coat, equivalent method and extreme performance coating.

    (4) R 336.1116 Definitions; P—Revised definitions of the following terms: packaging rotogravure printing, printed interior panel, process unit turnaround, publication rotogravure printing and pushside. Deleted definition of the term pneumatic rubber tire manufacturing.

    (5) R 336.1122 Definitions; V—Added definition of the term vapor collection system. Revised definitions of the following terms: very large precipitator and volatile organic compound.

    (6) R 336.1602 General provisions for existing sources of volatile organic compound emissions (entire rule).

    (7) R 336.1610 Existing coating lines; emission of volatile organic compounds from exiting automobile, light-duty truck, and other product and material coating lines (entire rule).

    (8) R 336.1611 Existing cold cleaners (entire rule).

    (9) R 336.1619 Perchloroethylene; emission from existing dry cleaning equipment (entire rule).

    (10) R 336.1620 Emission of volatile organic compounds from existing flat wood paneling coating lines (entire rule).

    (11) R 336.1621 Emission of volatile organic compounds from existing metallic surface coating lines (entire rule).

    (12) R 336.1622 Emission of volatile organic compounds from existing components of petroleum refineries; refinery monitoring program (entire rule).

    (13) R 336.1623 Storage of petroleum liquids having a true vapor pressure of more than 1.0 psia, but less than 11.0 psia, in existing external floating roof stationary vessels of more than 40,000-gallon capacity (entire rule).

    (14) R 336.1625 Emission of volatile organic compounds from existing equipment utilized in manufacturing synthesized pharmaceutical products (entire rule).

    (15) R 336.1627 Delivery vessels; vapor collection systems (entire rule).

    (16) R 336.1630 Emission of volatile organic compounds from existing paint manufacturing processes (entire rule).

    (17) R 336.1631 Emission of volatile organic compounds from existing process equipment utilized in manufacture of polystyrene or other organic resins (entire rule).

    (18) R 336.1632 Emission of volatile organic compounds from existing automobile, truck, and business machine plastic part coating lines (entire rule).

    (19) R 336.1702 General provisions of new sources of volatile organic compound emissions (entire rule).

    (20) R 336.2004 Appendix A; reference test methods; adoption of federal reference test methods (entire rule).

    (21) R 336.2006 Reference test method serving as alternate version of federal reference test method 25 by incorporating Byron analysis (entire rule).

    (22) R 336.2007 Alternate version of procedure L, referenced in R 336.2040(10) (entire rule).

    (23) R 336.2040 Method for determination of volatile organic compound emissions from coating lines and graphic arts lines (except R 336.2040(9) and R 336.2040(10)).

    (24) R 336.2041 Recordkeeping requirements for coating lines and graphic arts lines (entire rule).

    (B) Revisions to the following provisions of the Michigan Air Pollution Control Commission General Rules filed with the Secretary of State on November 3, 1993 and effective on November 18, 1993:

    (1) R 336.1601 Definitions—Added definition of the term person responsible.

    (2) R 336.1602 General provisions for existing sources of volatile organic compound emissions—Addition of provisions requiring submittal of site-specific SIP revisions to EPA for the use of equivalent control methods allowed under rules 336.1628(1) and 336.1629(1).

    (3) R 336.1624 Emission of volatile organic compounds from existing graphic arts lines (entire rule).

    (4) R 336.1628 Emission of volatile organic compounds from components of existing process equipment used in manufacturing synthetic organic chemicals and polymers; monitoring program (entire rule).

    (5) R 336.1629 Emission of volatile organic compounds from components of existing process equipment used in processing natural gas; monitoring program (entire rule).

    (C) Senate Bill No. 726 of the State of Michigan 87th Legislature for Stage I controls signed and effective on November 13, 1993.

    (D) State of Michigan, Department of Natural Resources, Stipulation for Entry of Consent Order and Final Order No. 39-1993 which was adopted by the State on November 12, 1993.

    (E) State of Michigan, Department of Natural Resources, Stipulation for Entry of Consent Order and Final Order No. 40-1993 which was adopted by the State on November 12, 1993.

    (F) State of Michigan, Department of Natural Resources, Stipulation for Entry of Consent Order and Final Order No. 3-1993 which was adopted by the State on June 21, 1993.

    (97) On November 12, 1993, the State of Michigan submitted a revision to the State Implementation Plan (SIP) for the implementation of a motor vehicle inspection and maintenance (I/M) program in the Grand Rapids and Muskegon ozone nonattainment areas. This revision included House Bill No. 4165 which establishes an I/M program in Western Michigan, SIP narrative, and the State's Request for Proposal (RFP) for implementation of the program. House Bill No. 4165 was signed and effective on November 13, 1993.

    (i) Incorporation by reference.

    (A) House Bill No. 4165; signed and effective November 13, 1993.

    (ii) Additional materials.

    (A) SIP narrative plan titled “Motor Vehicle Emissions Inspection and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and Muskegon MSA Moderate Nonattainment Areas,” submitted to the EPA on November 12, 1993.

    (B) RFP, submitted along with the SIP narrative on November 12, 1993.

    (C) Supplemental materials, submitted on July 19, 1994, in a letter to EPA.

    (98)[Reserved]

    (99) On July 13, 1994, the State of Michigan requested a revision to the Michigan State Implementation Plan (SIP). The State requested that a consent order for the Eagle-Ottawa Leather Company of Grand Haven be included in the SIP.

    (i) Incorporation by reference. State of Michigan, Department of Natural Resources, Stipulation for Entry of Consent Order and Final Order No. 7-1994 which was adopted on July 13, 1994.

    (100) On June 11, 1993 the Michigan Department of Natural Resources (MDNR) submitted a plan, with revisions submitted on April 7, 1994 and October 14, 1994 for the purpose of bringing about the attainment of the National Ambient Air Quality Standards for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM) in the Wayne County moderate PM nonattainment area.

    (i) Incorporation by reference.

    (A) Consent Order 4-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Allied Signal, Inc., Detroit Tar Plant.

    (B) Consent Order 5-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Asphalt Products Company, Plant 5A.

    (C) Consent Order 6-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Clawson Concrete Company, Plant #1.

    (D) Consent Order 7-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Cummings-Moore Graphite Company.

    (E) Consent Order 8-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Delray Connecting Railroad Company.

    (F) Consent Order 9-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Detroit Edison Company, River Rouge Plant.

    (G) Consent Order 10-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Detroit Edison Company, Sibley Quarry.

    (H) Consent Order 11-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the city of Detroit, Detroit Water and Sewage Department, Wastewater Treatment Plant.

    (I) Consent Order 12-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Ferrous Processing and Trading Company.

    (J) Consent Order 13-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Ford Motor Company, Rouge Industrial Complex.

    (K) Consent Order 14-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Ford Motor Company, Vulcan Forge.

    (L) Consent Order 15-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Detroit Lime Company.

    (M) Consent Order 16-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant #1.

    (N) Consent Order 17-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant #3.

    (O) Consent Order 18-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant #6.

    (P) Consent Order 19-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant 4 and 5.

    (Q) Consent Order 20-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Edward C. Levy Company, Plant Scrap Up-Grade Facility.

    (R) Consent Order 21-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Marblehead Lime, Brennan Avenue Plant.

    (S) Consent Order 22-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Marblehead Lime, River Rouge Plant.

    (T) Consent Order 23-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the McLouth Steel Company, Trenton Plant.

    (U) Consent Order 24-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Michigan Foundation Company, Cement Plant.

    (V) Consent Order 25-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Michigan Foundation Company, Sibley Quarry.

    (W) Consent Order 26-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Morton International, Inc., Morton Salt Division.

    (X) Consent Order 27-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the National Steel Corporation, Great Lakes Division.

    (Y) Consent Order 28-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the National Steel Corporation, Transportation and Materials Handling Division.

    (Z) Consent Order 29-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Peerless Metals Powders, Incorporated.

    (AA) Consent Order 30-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Rouge Steel Company.

    (BB) Consent Order 31-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Keywell Corporation.

    (CC) Consent Order 32-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the St. Marys Cement Company.

    (DD) Consent Order 33-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the United States Gypsum Company.

    (EE) Consent Order 34-1993 effective October 12, 1994 issued by the MDNR. This Order limits the PM emissions for the Wyandotte Municipal Power Plant.

    (101) On November 15, 1993, the State of Michigan submitted as a revision to the Michigan State Implementation Plan for ozone a State Implementation Plan for a motor vehicle inspection and maintenance program for the Detroit-Ann Arbor area. Michigan submitted House Bill No. 5016, signed by Governor John Engler on November 13, 1993.

    (i) Incorporation by reference.

    (A) State of Michigan House Bill No. 5016 signed by the Governor and effective on November 13, 1993.

    (102) On November 12, 1993, the State of Michigan submitted as a revision to the Michigan State Implementation Plan for ozone a State Implementation Plan for a section 175A maintenance plan for the Detroit-Ann Arbor area as part of Michigan's request to redesignate the area from moderate nonattainment to attainment for ozone. Elements of the section 175A maintenance plan include a base year (1993 attainment year) emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories (including interim years) to the year 2005 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the ozone NAAQS (which must be confirmed by the State), Michigan will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. Appropriateness of a contingency measure will be determined by an urban airshed modeling analysis. The Governor or his designee will select the contingency measure(s) to be implemented based on the analysis and the MDNR's recommendation. The menu of contingency measures includes basic motor vehicle inspection and maintenance program upgrades, Stage I vapor recovery expansion, Stage II vapor recovery, intensified RACT for degreasing operations, NOX RACT, and RVP reduction to 7.8 psi. Michigan submitted legislation or rules for basic I/M in House Bill No 5016, signed by Governor John Engler on November 13, 1993; Stage I and Stage II in Senate Bill 726 signed by Governor John Engler on November 13, 1993; and RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John Engler on November 13, 1993.

    (i) Incorporation by reference.

    (A) State of Michigan House Bill No. 5016 signed by the Governor and effective on November 13, 1993.

    (B) State of Michigan Senate Bill 726 signed by the Governor and effective on November 13, 1993.

    (C) State of Michigan House Bill No. 4898 signed by the Governor and effective on November 13, 1993.

    (103) On August 26, 1994 Michigan submitted a site-specific SIP revision in the form of a consent order for incorporation into the federally enforceable ozone SIP. This consent order determines Reasonably Available Control Technology (RACT) specifically for the Enamalum Corporation Novi, Michigan facility for the emission of volatile organic compounds (VOCs).

    (i) Incorporation by reference. The following Michigan Stipulation for Entry of Final Order By Consent.

    (A) State of Michigan, Department of Natural Resources, Stipulation for Entry of Final Order By Consent No. 6-1994 which was adopted by the State on June 27, 1994.

    (104) On July 13, 1995, the Michigan Department of Natural Resources (MDNR) submitted a contingency measures plan for the Wayne County particulate matter nonattainment area.

    (i) Incorporation by reference.

    (A) State of Michigan Administrative Rule 374 (R 336.1374), effective July 26, 1995.

    (105)[Reserved]

    (106) On March 9, 1995, the State of Michigan submitted as a revision to the Michigan State Implementation Plan for ozone a State Implementation Plan for a section 175A maintenance plan for the Grand Rapids area as part of Michigan's request to redesignate the area from moderate nonattainment to attainment for ozone. Elements of the section 175A maintenance plan include an attainment emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2007 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and a commitment to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If a violation of the ozone NAAQS, determined not to be attributable to transport from upwind areas, is monitored, Michigan will implement one or more appropriate contingency measure(s) contained in the contingency plan. Once a violation of the ozone NAAQS is recorded, the State will notify EPA, review the data for quality assurance, and conduct a technical analysis, including an analysis of meteorological conditions leading up to and during the exceedances contributing to the violation, to determine local culpability. This preliminary analysis will be submitted to EPA and subjected to public review and comment. The State will solicit and consider EPA's technical advice and analysis before making a final determination on the cause of the violation. The Governor or his designee will select the contingency measure(s) to be implemented within six months of a monitored violation attributable to ozone and ozone precursors from the Grand Rapids area. The menu of contingency measures includes a motor vehicle inspection and maintenance program, Stage II vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on major non-CTG VOC sources in the categories of coating of plastics, coating of wood furniture, and industrial cleaning solvents. Michigan submitted legislation or rules for I/M in House Bill No 4165, signed by Governor John Engler on November 13, 1993; Stage II in Senate Bill 726 signed by Governor John Engler on November 13, 1993; and RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John Engler on November 13, 1993.

    (i) Incorporation by reference.

    (A) State of Michigan House Bill No. 4165 signed by the Governor and effective on November 13, 1993.

    (B) State of Michigan Senate Bill 726 signed by the Governor and effective on November 13, 1993.

    (C) State of Michigan House Bill No. 4898 signed by the Governor and effective on November 13, 1993.

    (107)[Reserved]

    (108) On May 16, 1996, the State of Michigan submitted a revision to the Michigan State Implementation Plan (SIP). This revision is for the purpose of establishing a gasoline Reid vapor pressure (RVP) limit of 7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland, Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in Michigan.

    (i) Incorporation by reference.

    (A) House Bill No. 4898; signed and effective November 13, 1993.

    (B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290, Sections 642, 643, 645, 646, 647, and 649; all effective November 13, 1993.

    (C) Michigan Complied Laws, Weights and Measures Act of 1964, Chapter 290, Sections 613, 615; all effective August 28, 1964.

    (ii) Additional materials.

    (A) Letter from Michigan Governor John Engler to Regional Administrator Valdas Adamkus, dated January 5, 1996.

    (B) Letter from Michigan Director of Environmental Quality Russell Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.

    (C) State report titled “Evaluation of Air Quality Contingency Measures for Implementation in Southeast Michigan,” submitted to the EPA on May 14, 1996.

    (109) On December 13, 1994 and January 19, 1996, Michigan submitted correspondence and Executive Orders 1991-31 and 1995-18 which indicated that the executive branch of government had been reorganized. As a result of the reorganization, delegation of the Governor's authority under the Clean Air Act was revised. The Environmental Protection Agency's approval of these Executive Orders is limited to those provisions affecting air pollution control. The Air Pollution Control Commission was abolished and its authority was initially transferred to the Director of the Michigan Department of Natural Resources (DNR). Subsequently, the Michigan Department of Natural Resources of Environmental Quality (DEQ) was created by elevating eight program divisions and two program offices previously located within the DNR. The authority then earlier vested to the Director of the Michigan DNR was then transferred to the Director of the Michigan DEQ with the exception of some administrative appeals decisions.

    (i) Incorporation by reference.

    (A) State of Michigan Executive Order 1991-31 Commission of Natural Resources, Department of Natural Resources, Michigan Department of Natural Resources Executive Reorganization. Introductory and concluding words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5, Part B. Title III: Environmental Protection; Part A: Sections 1 and 2, Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2, 4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed with the Secretary of State November 8, 1991. Effective January 7, 1992.

    (B) State of Michigan Executive Order No. 1995-18 Michigan Department of Environmental Quality, Michigan Department of Natural Resources Executive Reorganization. Introductory and concluding words of issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with the Secretary of State on August 1, 1995. Effective September 30, 1995.

    (110) A revision to Michigan's State Implementation Plan (SIP), containing part of Michigan's Natural Resources and Environmental Protection Act, was submitted by the Michigan Department of Environmental Quality (MDEQ) on May 16, 1996, and supplemented on September 23, 1997. On December 30, 1997, MDEQ withdrew much of the original submittal. The revision incorporated below contains control requirements and applicable definitions for fugitive dust sources.

    (i) Incorporation by reference. The following sections of Part 55 of Act 451 of 1994, the Natural Resources and Environmental Protection Act are incorporated by reference.

    (A) 324.5524 Fugitive dust sources or emissions, effective March 30, 1995.

    (B) 324.5525 Definitions, effective March 30, 1995.

    (111) On March 18, 1999, the State of Michigan submitted a revision to the Michigan State Implementation Plan for carbon monoxide containing a section 175A maintenance plan for the Detroit area as part of Michigan's request to redesignate the area from nonattainment to attainment for carbon monoxide. Elements of the section 175A maintenance plan include a base year (1996 attainment year) emission inventory for CO, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2010, 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 CO NAAQS (which must be confirmed by the State), Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes enforceable emission limitations for stationary sources, transportation control measures, or a vehicle inspection and maintenance program.

    (112) The Michigan Department of Environmental Quality (MDEQ) submitted a revision to Michigan's State Implementation Plan (SIP) on August 20, 1998, and supplemented it on November 3, 1998. The revision removed from the SIP the following rules, which the State rescinded effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of enforcement; requests by local agencies; R 336.93 Local agency requirements prior to suspension of enforcement; R 336.94 Commission public hearings on applications; R 336.95 Suspension of enforcement; procedures and public notice; R 336.96 Suspension of enforcement; conditions; R 336.97 Commission review of local agency programs; renewal of suspended enforcement; R 336.601 Affected counties and areas; R 336.602 Attainment of national ambient air quality standards; exemption from inspection and maintenance program requirements; R 336.603 Ozone and carbon monoxide attainment status determination; R 336.1373 Fugitive dust control requirements; areas listed in table 36; R 336.1501 Emission limits; extension of compliance date past January 1, 1980, generally; R 336.1502 Application; copies; R 336.1503 Application; contents; R 336.1504 Denial of request for extension past January 1, 1980; R 336.1505 Grant of extension past January 1, 1980; R 336.1506 Receipt of full and complete application; public notice; inspection; public hearing; R 336.1507 Modification or revocation of order granting extension; immediate effect; R 336.1603 Compliance program; R 336.2010 Reference test method 5A; R 336.2199(c); R 336.2601 Organization; R 336.2602 Offices and meetings; R 336.2603 Documents available for inspection and copying; R 336.2604 Document inspection and copying procedures; tape recording transcriptions; R 336.2605 Functions; R 336.2608 Hearings and informal conferences; R 336.2301 Definition of air pollution episode; R 336.2302 Definition of air pollution forecast; R 336.2303 Definition of air pollution alert; R 336.2304 Definition of air pollution warning; R 336.2305 Definition of air pollution emergency; R 336.2306 Declaration of air pollution episodes; R 336.2307 Episode emission abatement programs; and R 336.2308 Episode orders. The rules incorporated below contain revisions to degreasing, perchloroethylene dry cleaning, petroleum refinery, synthetic organic chemical manufacturing, and delivery vessel loading rules.

    (i) Incorporation by reference. The following sections of the Michigan Administrative Code are incorporated by reference.

    (A) R 336.1611 Existing cold cleaners, effective June 13, 1997.

    (B) R336.1612 Existing open top vapor degreasers, effective June 13, 1997.

    (C) R 336.1613 Existing conveyorized cold cleaners, effective June 13, 1997.

    (D) R 336.1614 Existing conveyorized vapor degreasers, effective June 13, 1997.

    (E) R 336.1619 Standards for perchloroethylene dry cleaning equipment, effective June 13, 1997.

    (F) R 336.1622 Emission of volatile organic compounds from existing components of petroleum refineries; refinery monitoring program, effective June 13, 1997.

    (G) R 336.1628 Emission of volatile organic compounds from components of existing process equipment used in manufacturing synthetic organic chemicals and polymers; monitoring program, effective June 13, 1997.

    (H) R 336.1651 Standards for Degreasers, effective June 13, 1997.

    (I) R 336.1706 Loading delivery vessels with organic compounds having a true vapor pressure of more than 1.5 psia at new loading facilities handling 5,000,000 or more gallons of such compounds per year, effective June 13, 1997.

    (J) R 336.1707 New cold cleaners, effective June 13, 1997.

    (K) R 336.1708 New open top vapor degreasers, effective June 13, 1997.

    (L) R 336.1709 New conveyorized cold cleaners, effective June 13, 1997.

    (M) R 336.1710 New conveyorized vapor degreasers, effective June 13, 1997.

    (113) On March 9, 1995, the State of Michigan submitted a revision to the Michigan State Implementation Plan for ozone containing a section 175A maintenance plan for the Muskegon County area as part of Michigan's request to redesignate the area from nonattainment to attainment for ozone. Elements of the section 175A maintenance plan include 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 1-hour ozone NAAQS, determined not to be attributable to transport from upwind areas, Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes a motor vehicle inspection and maintenance program, stage II vapor recovery, a low Reid vapor pressure gasoline program, and rules for industrial cleanup solvents, plastic parts coating, and wood furniture coating.

    (i) Incorporation by reference.

    (A) State of Michigan House Bill No. 4165 signed by the Governor and effective on November 13, 1993.

    (B) State of Michigan House Bill No. 726 signed by the Governor and effective on November 13, 1993.

    (C) State of Michigan House Bill No. 4898 signed by the Governor and effective on November 13, 1993.

    [37 FR 10873, May 31, 1972] Editorial Note:

    For Federal Register citations affecting § 52.1170, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

     Effective Date Note:

    At 67 FR 43549, June 28, 2002, § 52.1170 was amended by adding paragraph (c)(116), effective Aug. 27, 2002. For the convenience of the user, the added text is set forth as follows:

    § 52.1170 Identification of plan.

    (c) * * *

    (116) The Michigan Department of Environmental Quality submitted revisions to Michigan's State Implementation Plan (SIP) on July 7, 2000 and supplemented them with letters dated January 29, 2001, and February 6, 2002. They include revisions to definitions, open burning rules, general volatile organic compound provisions, and administrative procedures. The revision removed from the SIP rules R 336.1320 and R 336.2703, which the State rescinded effective April 10, 2000.

    (i) Incorporation by reference. The following sections of the Michigan Administrative Code are incorporated by reference.

    (A) R 336.1104 Definitions; D, effective April 10, 2000.

    (B) R 336.1310, Open burning, effective February 3, 1999.

    (C) R 336.1602 General provisions for existing sources of volatile organic compound emissions, effective April 10, 2000.

    (D) R 336.2701 Petitions for review and for contested case hearings; hearing procedure; “duly authorized agent” defined, effective April 10, 2000.

    (E) R 336.2702 Appearances, effective April 10, 2000.

    § 52.1171 Classification of regions.

    The Michigan plan was evaluated on the basis of the following classifications:

    Air quality control region Pollutant Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone Metropolitan Detroit-Port Huron Intrastate I I III III III Metropolitan Toledo Interstate I I III III I South Central Michigan Intrastate II II III III III South Bend-Elkhart (Indiana)-Benton Harbor (Michigan) Interstate I IA III III III Central Michigan Intrastate II III III III III Upper Michigan Intrastate III III III III III [37 FR 10873, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 FR 29801, May 6, 1980]
    § 52.1172 Approval status.

    With the exceptions set forth in this subpart, the Administrator approves Michigan's plan for the attainment and maintenance of the National Ambient Air Quality Standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plan satisfies all requirements of Part D, Title I of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the SIP depends on the adoption and submittalof RACT requirements by July 1, 1980 for the sources covered by CTGs between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sources covered by CTGs issued by the previous January.

    [45 FR 29801, May 6, 1980]
    § 52.1173 Control strategy: Particulates.

    (a) Part D—Disapproval. The following specific revisions to the Michigan Plan are disapproved:

    (1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast Furnaces, Heating and Reheating Furnaces.

    (2) Rules 336.1371 (Fugitive dust control programs other than areas listed in table 36.), 336.1372 (Fugitive dust control programs; required activities; typical control methods.) and 336.1373 (Fugitive dust control programs; areas listed in table 36.) for control of industrial fugitive particulate emissions sources.

    (b) Part D—Conditional Approval—The Michigan overall Plan for primary and secondary nonattainment areas is approved provided that the following conditions are satisfied:

    (1) The State officially adopts final industrial fugitive regulations that represent RACT for traditional sources and submits these finally effective regulations to USEPA by January 31, 1981.

    (2) The State adopts and submits regulations reflecting RACT for Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast Furnaces and Heating and Reheating Furnaces.

    (3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment Effective After July 1, 1979—The State clarifies the compliance test method to include measurement of the whole train.

    (4) Rule 336.1349—The State submits consent orders containing enforceable increments insuring reasonable further progress for each source subject to Rules 336.1350 through 336.1357.

    (5) Rule 336.1350—The State adopts and submits an acceptable inspection method for determining compliance with the rule.

    (6) Rule 336.1352—The State adopts and submits the following clarifications to the rule: (a) The rule regulates emissions from the receiving car itself during the pushing operation; (b) in the phrase “eight consecutive trips,” “consecutive” is defined as “consecutively observed trips”; (c) the word “trips” is defined as “trips per battery” or “trips per system”; (d) the 40% opacity fugitive emissions limitation refers to an instantaneous reading and not an average; (e) the method of reading opacity is defined.

    (7) Rule 336.1353—The State adopts and submits: (a) An acceptable test methodology for determining compliance with the rule; and (b) a clarification that the exception to the visible emission prohibition of 4% of standpipe emission points refers to “operating” ovens.

    (8) Rule 336.1356—The State adopts and submits a clarification of the test methodology to determine compliance with the rule.

    (9) Rule 336.1357—The State adopts and submits a clarification of the test methodology to determine compliance with the rule.

    (10) The State adopts and submits a regulation reflecting RACT for coke battery combustion stacks.

    (11) The State adopts and submits an acceptable test method for application of Rule 336.1331, Table 32 to quench towers, or, in the alternative, adopts and submits a limitation reflecting RACT for quench tower emissions based on the quantity of total dissolved solids in the quench water.

    (12) The State adopts and submits rules requiring RACT for scarfing emissions.

    (13) Part 10 Testing—The State adopts and submits the following clarifications to the test methods: (a) Testing of fugitive emissions from blast furnaces are conducted during the cast; (b) the starting and ending period is specified for basic oxygenfurnaces (for both primary and secondary emissions generating operations), electric arc furnaces and for each of the three emission points at sinter plants.

    (14) The State conducts additional particulate studies in the Detroit area by September, 1980.

    (c) Disapprovals. EPA disapproves the following specific revisions to the Michigan Plan:

    (1) The State submitted Consent Order No. 16-1982 on June 24, 1982, Great Lakes Steel, a Division of the National Steel Corporation as a revision to the Michigan State Implementation Plan. EPA disapproves this revision, because it does not satisfy all the requirements of EPA's proposed Emission Trading Policy Statement of April 7, 1982 (47 FR 15076).

    (d) Approval—On April 29, 1988, the State of Michigan submitted a committal SIP for particulate matter with an aerodynamic diameter equal to or less than 10 micrometers (PM10) for Michigan's Group II areas. The Group II areas of concern are in the City of Monroe and an area surrounding the City of Carrollton. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681.

    (e)[Reserved]

    (f) On July 24, 1995, the Michigan Department of Natural Resources requested the redesignation of Wayne County to attainment of the National Ambient Air Quality Standard for particulate matter. The State's maintenance plan is complete and the redesignation satisfies all of the requirements of the Act.

    (g) Approval—On November 29, 1994, the Michigan Department of Natural Resources submitted a revision to the particulate State Implementation Plan for general conformity rules. The general conformity SIP revisions enable the State of Michigan to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans.

    [46 FR 27931, May 22, 1981, as amended at 49 FR 11834, Mar. 28, 1984; 50 FR 33540, Aug. 20, 1985; 55 FR 17752, Apr. 27, 1990; 61 FR 40519, Aug. 5, 1996; 61 FR 66609, Dec. 18, 1996]
    § 52.1174 Control strategy: Ozone.

    (a) Part D—Conditional Approval—Michigan Rules 336.1603 and 336.1606 are approved provided that the following conditions are satisfied:

    (1) Rule 336.1606— The State either promulgates a rule with a 120,000 gallon per year throughput exemption for gasoline dispensing facilities for sources located in Wayne, Macomb and Oakland Counties. The State must either submit the rule to USEPA or demonstrate that the allowable emissions resulting from the application of its existing rule with 250,000 gallon per year throughput exemption for gasoline dispensing facilities are less than five percent greater than the allowable emissions resulting from the application of the CTG presumptive norm. The State must comply with this condition by May 6, 1981, and any necessary regulations must be finally promulgated by the State and submitted to USEPA by September 30, 1981.

    (b) Approval—On November 16, 1992, the Michigan Department of Natural Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 Michigan Air Pollution Reporting Forms, Reference Tables, and General Instructions as the States emission statement program. Natural Resources Commission Rule 336.202 (Rule 2) became effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became effective July 23, 1965. These rules have been incorporated by reference at 40 CFR 52.1170(c)(93). On October 25, 1993, the State submitted the 1993 Michigan Air Pollution Reporting Forms, Reference Tables, and General Instructions, along with an implementation strategy for the State's emission statement program.

    (c) Approval—On January 5, 1993, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan (SIP) for the 1990 base year inventory. The inventory was submitted by the State of Michigan to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a revision to the ozone SIP for the Grand Rapids and Muskegon areas in Michigan designated nonattainment, classified as moderate. These areas include counties of Muskegon, and the two county Grand Rapids area (which are the counties of Kent and Ottawa).

    Editorial Note:

    At 59 FR 40828, Aug. 10, 1994 the following paragraph (c) was added to § 52.1174.

    (c) Approval—On November 12, 1993, the Michigan Department of Natural Resources submitted a petition for exemption from the oxides of nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor ozone nonattainment area. The submittal pertained to the exemption from the oxides of nitrogen requirements for conformity, inspection and maintenance, reasonably available control technology, and new source review. These are required by sections 176(c), 182(b)(4), and 182(f) of the 1990 amended Clean Air Act, respectively.

    (d) In a letter addressed to David Kee, EPA, dated March 30, 1994, Dennis M. Drake, State of Michigan, stated:

    (1) Michigan has not developed RACT regulations for the following industrial source categories, which have been addressed in Control Techniques Guidance (CTG) documents published prior to the Clean Air Act Amendments of 1990, because no affected sources are located in the moderate nonattainment counties:

    (i) Large petroleum dry cleaners;

    (ii) SOCMI air oxidation processes;

    (iii) High-density polyethylene and polypropylene resin manufacturing; and

    (iv) Pneumatic rubber tire manufacturing.

    (2) (Reserved)

    (e) Approval—On July 1, 1994, the Michigan Department of Natural Resources submitted a petition for exemption from the oxides of nitrogen requirements of the Clean Air Act for the East Lansing ozone nonattainment area. The submittal pertained to the exemption from the oxides of nitrogen requirements for conformity and new source review. Theses are required by sections 176(c) and 182(f) of the 1990 amended Clean Air Act, respectively. If a violation of the ozone standard occurs in the East Lansing ozone nonattainment area, the exemption shall no longer apply.

    (f) Approval—On July 8, 1994, the Michigan Department of Natural Resources submitted a petition for exemption from the oxides of nitrogen requirements of the Clean Air Act for the Genesee County ozone nonattainment area. The submittal pertained to the exemption from the oxides of nitrogen requirements for conformity and new source review. These are required by sections 176(c) and 182(f) of the 1990 amended Clean Air Act, respectively. If a violation of the ozone standard occurs in the Genesee County ozone nonattainment area, the exemption shall no longer apply.

    (g)[Reserved]

    (h) Approval—On January 5, 1993, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan for the 1990 base year emission inventory. The inventory was submitted by the State of Michigan to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone nonattainment area. This area includes Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties.

    (i) Approval—On November 12, 1993, the Michigan Department of Natural Resources submitted a request to redesignate the Detroit-Ann Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties) ozone nonattainment area to attainment for ozone. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1993 attainment year) emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories (including interim years) to the year 2005 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the ozone NAAQS (which must be confirmed by the State), Michigan will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. Appropriateness of a contingency measure will be determined by an urban airshed modeling analysis. The Governor or his designee will select the contingency measure(s) to be implemented based on the analysis and the MDNR's recommendation. The menu of contingency measures includes basic motor vehicle inspection and maintenance program upgrades, Stage I vapor recovery expansion, Stage II vapor recovery, intensified RACT for degreasing operations, NOX RACT, and RVP reduction to 7.8 psi. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Michigan Ozone State Implementation Plan for the above mentioned counties.

    (j)[Reserved]

    (k) Determination—USEPA is determining that, as of July 20, 1995, the Grand Rapids and Muskegon ozone nonattainment areas have attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the areas for so long as the areas do not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in either the Grand Rapids or Muskegon ozone nonattainment area, the determination shall no longer apply for the area that experiences the violation.

    (l) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT), new source review (NSR), vehicle inspection/maintenance (I/M), and general conformity exemptions for the Grand Rapids (Kent and Ottawa Counties) and Muskegon (Muskegon County) moderate nonattainment areas as requested by the States of Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. This approval also covers the exemption of NOX transportation and general conformity requirements of section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch, Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham, Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph, Saginaw, Shiawasse, and Van Buren.

    (m) Approval—On November 24, 1994, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan. The submittal pertained to a plan for the implementation and enforcement of the Federal transportation conformity requirements at the State or local level in accordance with 40 CFR part 51, subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act.

    (n) Approval—On November 29, 1994, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan for general conformity rules. The general conformity SIP revisions enable the State of Michigan to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans.

    (o) Approval—On March 9, 1996, the Michigan Department of Environmental Quality submitted a request to redesignate the Grand Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties) to attainment for ozone. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include an attainment emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2007 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and a commitment to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If a violation of the ozone NAAQS, determined not to be attributable to transport from upwind areas, is monitored, Michigan will implement one or more appropriate contingency measure(s) contained in the contingency plan. Once a violation of the ozone NAAQS is recorded, the State will notify EPA, review the data for quality assurance, and conduct a technical analysis, including an analysis of meteorological conditions leading up to and during the exceedances contributing to the violation, to determine local culpability. This preliminary analysis will be submitted to EPA and subjected to public review and comment. The State will solicit and consider EPA's technical advice and analysis before making a final determination on the cause of the violation. The Governor or his designee will select the contingency measure(s) to be implemented within 6 months of a monitored violation attributable to ozone and ozone precursors from the Grand Rapids area. The menu of contingency measures includes a motor vehicle inspection and maintenance program, Stage II vapor recovery, RVP reduction to 7.8 psi, RACT on major non-CTG VOC sources in the categories of coating of plastics, coating of wood furniture, and industrial cleaning solvents. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Michigan Ozone State Implementation Plan for the above mentioned counties.

    (p) Approval—On November 22, 1995 the Michigan Department of Natural Resources submitted a petition for exemption from transportation conformity requirements for the Muskegon ozone nonattainment area. This approval exempts the Muskegon ozone nonattainment area from transportation conformity requirements under section 182(b)(1) of the Clean Air Act. If a violation of the ozone standard occurs in the Muskegon County ozone nonattainment area, the exemption shall no longer apply.

    (q) Correction of approved plan—Michigan air quality Administrative Rule, R336.1901 (Rule 901)—Air Contaminant or Water Vapor, has been removed from the approved plan pursuant to section 110(k)(6) of the Clean Air Act (as amended in 1990).

    (r) Approval—On March 9, 1995, the Michigan Department of Environmental Quality submitted a request to redesignate the Muskegon County ozone nonattainment area to attainment. 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 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 1-hour ozone NAAQS, determined not to be attributable to transport from upwind areas, Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes a motor vehicle inspection and maintenance program, stage II vapor recovery, a low Reid vapor pressure gasoline program, and rules for industrial cleanup solvents, plastic parts coating, and wood furniture coating.

    (s) Approval—On May 9, 2000, the State of Michigan submitted a revision to the Michigan State Implementation Plan for ozone containing a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay City areas as part of Michigan's request to redesignate the areas from nonattainment to attainment for ozone. Elements of the section 175A maintenance plan include a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If monitors in any of these areas record a violation of the ozone NAAQS (which must be confirmed by the State), Michigan will adopt, submit to EPA, and implement one or more appropriate contingency measure(s) which are in the contingency plan and will submit a full maintenance plan under section 175A of the Clean Air Act. The menu of contingency measures includes a low Reid vapor pressure gasoline program, stage I gasoline vapor recovery, and rules for industrial cleanup solvents, plastic parts coating, and wood furniture coating.

    (t) Approval—On March 9, 1995, the Michigan Department of Environmental Quality submitted a request to redesignate the Allegan County ozone nonattainment area to attainment. 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 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 1-hour ozone NAAQS, determined not to be attributable to transport from upwind areas, Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes rules for plastic parts coating, wood furniture coating, and gasoline loading (Stage I vapor recovery).

    (u) Approval—On March 22, 2001, Michigan submitted a revision to the ozone maintenance plan for the Muskegon County area. The revision consists of allocating a portion of the Muskegon County area's Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) safety margin to the transportation conformity Motor Vehicle Emission Budget (MVEB). The MVEB for transportation conformity purposes for the Muskegon County area are now: 8.5 tons per day of VOC emissions and 10.2 tons per day of NOX emissions for the year 2010. This approval only changes the VOC and NOX transportation conformity MVEB for Muskegon County.

    [45 FR 58528, Sept. 4, 1980] Editorial Note:

    For Federal Register citations affecting § 52.1174, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
    § 52.1175 Compliance schedules.

    (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.

    (b) [Reserved]

    (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.

    (d) Federal compliance schedules. (1) Except as provided in paragraph (d)(3) of this section, the owner or operator of any stationary source subject to the following emission-limiting regulations in the Michigan implementation plan shall comply with the applicable compliance schedule in paragraph (d)(2) of this section: Air Pollution Control Commission, Department of Public Health, Michigan Rule 336.49.

    (2) Compliance schedules. (i) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to Rule 336.49 and located in the Central Michigan Intrastate AQCR, South Bend-Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR (as defined in part 81 of this title) shall notify the Administrator, no later than October 1, 1973, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to comply with the limitations effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.

    (ii) Any owner or operator of a stationary source subject to paragraph (d)(2)(i) of this section who elects to utilize low-sulfur fuel shall take the following actions with respect to the source no later than the dates specified.

    (a) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for at least one year thereafter.

    (b) December 31, 1973—Sign contracts with fuel suppliers for projected fuel requirements.

    (c) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications.

    (d) March 15, 1974—Let contracts for necessary boiler modifications, if applicable.

    (e) June 15, 1974—Initiate onsite modifications, if applicable.

    (f) March 31, 1975—Complete onsite modifications, if applicable.

    (g) July 1, 1975—Achieve final compliance with the applicable July 1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.

    (iii) Any owner or operator of a stationary source subject to paragraph (d)(2)(i) of this section who elects to utilize stack gas desulfurization shall take the following actions with respect to the source no later than the dates specified.

    (a) November 1, 1973—Let necessary contracts for construction.

    (b) March 1, 1974—Initiate onsite construction.

    (c) March 31, 1975—Complete onsite construction.

    (d) July 1, 1975—Achieve final compliance with the applicable July 1, 1975, emission limitation listed in Table 4 of Rule 336.49.

    (e) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.

    (iv) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to Rule 336.49 and located in the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the Administrator, no later than January 31, 1974, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to comply with the limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49.

    (v) Any owner or operator of a stationary source subject to paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur fuel shall take the following actions with respect to the source no later than the dates specified.

    (a) October 15, 1976—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for at least one year thereafter.

    (b) December 31, 1976—Sign contracts with fuel suppliers for projected fuel requirements.

    (c) January 31, 1977—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications.

    (d) March 15, 1977—Let contracts for necessary boiler modifications, if applicable.

    (e) June 15, 1977—Initiate onsite modifications, if applicable.

    (f) March 31, 1978—Complete onsite modifications, if applicable.

    (g) July 1, 1978—Achieve final compliance with the applicable July 1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.

    (vi) Any owner or operator of a stationary source subject to paragraph (d)(2)(iv) of this section who elects to utilize stack gas desulfurization shall take the following actions with regard to the source no later than the dates specified.

    (a) November 1, 1976—Let necessary contracts for construction.

    (b) March 1, 1977—Initiate onsite construction.

    (c) March 31, 1978—Complete onsite construction.

    (d) July 1, 1978—Achieve final compliance with the applicable July 1, 1978, mission limitation listed in Table 4 of Rule 336.49.

    (e) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1978. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.

    (vii) Any owner or operator subject to a compliance schedule above shall certify to the Administrator, within five days after the deadline for each increment of progress in that schedule, whether or not the increment has been met.

    (3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to a source which is presently in compliance with Table 3 or Table 4 of Rule 336.49 and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification.

    (ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source.

    (iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.

    (4) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (d)(2) of this section fails to satisfy the requirements of §§ 51.261 and 51.262(a) of this chapter.

    (e) The compliance schedules for the sources identified below are approved as meeting the requirements of § 51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.

    Michigan [See footnotes at end of table] Source Location Regulations involved Date schedule adopted Final compliance date berrien county Conoco, Inc. Berrien R336.1603, R336.1609 Sept. 26, 1981 Dec. 31, 1982. calhoun county Clark Oil and Refining Corp Calhoun R336.1603 R336.1609 May 14, 1982 Dec. 31, 1982. charlevoix county Northern Michigan Electric Cooperative Advance Steam Plant Boyne City 336.1401 (336.49) Jan. 10, 1980 Jan. 1, 1985. genesee county Buick Motor Division City of Flint R336.1301 May 5, 1980 Dec. 31, 1982. GM Warehousing Dist. Div. Boilers 1 and 2 Genesee R336.1331 Dec. 31, 1981 Oct. 15, 1983. GM Warehousing Dist. Div. Boilers 3 and 4 ......do R336.1331 Dec. 1, 1981 Oct. 15, 1981. macomb county New Haven Foundry Macomb County R336.1301, R336.1331, R336.1901 Aug. 14, 1980 June 30, 1985. midland county Dow Chemical Midland R336.1301 and R336.1331 July 21, 1982 Dec. 31, 1985. monroe county Detroit Edison (Monroe plant) Monroe 336.49 July 7, 1977 Jan. 1, 1985. Dundee Cement Company Dundee 336.41, 44
  • (336.1301, 336.1331)
    •  Oct. 17, 1979 Dec. 31, 1983.     Union Camp Monroe 336.1401
  • (336.49)
    •  Jan. 3, 1980 Jan. 1, 1985.     muskegon county Consumers Power Company (B. C. Cobb) Muskegon 336.1401
  • (336.49)
    •  Dec. 10, 1979 Jan. 1, 1985.     S. D. Warren Co Muskegon 336.49 (336.1401) Oct. 31, 1979 Nov. 1, 1984. Marathon Oil ......do 336.1603 July 31, 1981 Dec. 31, 1982. saginaw county Grey Iron Casting and Nodular Iron Casting Plants Saginaw R336.1301 Apr. 16, 1980 Dec. 31, 1982. wayne county Boulevard Heating Plant Wayne R336.1331 Apr. 28, 1981 Dec. 31, 1982. Footnotes: 1 For the attainment of the primary standard. 2 For the attainment of the secondary standard. 3 For the maintenance of the secondary standard.

    (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.

     Michigan Source Location Regulation involved Date schedule adopted bay county Consumer Power (Karn Plant) Essexville 336.44 Sept. 18, 1973. ottawa county Consumer Power Co. (Campbell Plant Units 1, 2) West Olive 336.44 Sept. 18, 1973. [37 FR 10873, May 31, 1972] Editorial Note:

    For Federal Register citations affecting § 52.1175, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
    § 52.1176 Review of new sources and modifications. [Reserved]
    §§ 52.1177-52.1178 [Reserved]
    § 52.1179 Control strategy: Carbon monoxide.

    Approval—On March 18, 1999, the Michigan Department of Environmental Quality submitted a request to redesignate the Detroit CO nonattainment area (consisting of portions of Wayne, Oakland, and Macomb Counties) to attainment for CO. 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 (1996 attainment year) emission inventory for CO, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2010, 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 CO 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. The menu of contingency measures includes enforceable emission limitations for stationary sources, transportation control measures, or a vehicle inspection and maintenance program. 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.

    [64 FR 35023, June 30, 1999]
    § 52.1180 Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

    (b) Regulations for preventing significant deterioration of air quality. The provisions of § 52.21 (b) through (w) are hereby incorporated and made a part of the applicable state plan for the State of Michigan.

    (c) All applications and other information required pursuant to § 52.21 from sources located in the State of Michigan shall be submitted to the Michigan Department of Natural Resources, Air Quality Division, P.O. Box 30028, Lansing, Michigan 48909.

    [45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980]
    § 52.1181 Interstate pollution.

    (a) The requirements of Section 126(a)(1) of the Clean Air Act as amended in 1977 are not met since the state has not submitted to EPA, as a part of its State Implementation Plan, the procedures on which the state is relying to notify nearby states of any proposed major stationary source which may contribute significantly to levels of air pollution in excess of the National Ambient Air Quality Standards in that state.

    [46 FR 30084, June 5, 1981]
    § 52.1182 State boards.

    (a) The requirements of Section 128 of the Clean Air Act as amended in 1977 are not met since the state has not submitted to EPA, as a part of its State Implementation Plan, the measures on which the state is relying to insure that the Air Pollution Control Commission contains a majority of members who represent the public interest and do not derive a significant portion of their income from persons subject to permits or enforcement orders under the Act and that the board members adequately disclose any potential conflicts of interest.

    [46 FR 30084, June 5, 1981]
    § 52.1183 Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.

    (b) Regulation for visibility monitoring and new source review. The provisions of §§ 52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of Michigan.

    (c) Long-term strategy. The provisions of § 52.29 are hereby incorporated and made part of the applicable plan for the State of Michigan.

    [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
    § 52.1184 Small business stationary source technical and environmental compliance assistance program.

    The Michigan program submitted on November 13, 1992, January 8, 1993, and November 12, 1993, as a requested revision to the Michigan State Implementation Plan satisfies the requirements of section 507 of the Clean Air Act Amendments of 1990.

    [59 FR 28788, June 3, 1994]
    § 52.1185 Control strategy: Carbon monoxide.

    (a) Approval—On November 24, 1994, the Michigan Department of Natural Resources submitted a revision to the carbon monoxide State Implementation Plan. The submittal pertained to a plan for the implementation and enforcement of the Federal transportation conformity requirements at the State or local level in accordance with 40 CFR part 51, subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act.

    (b) Approval—On November 29, 1994, the Michigan Department of Natural Resources submitted a revision to the carbon monoxide State Implementation Plan for general conformity rules. The general conformity SIP revisions enable the State of Michigan to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans.

    [61 FR 66609, 66611, Dec. 18, 1996]
    Subpart Y—Minnesota
    § 52.1219 Identification of plan—conditional approval.

    (a) On November 12, 1993, the Minnesota Pollution Control Agency submitted a revision request to Minnesota's carbon monoxide SIP for approval of the State's basic inspection and maintenance (I/M) program. The basic I/M program requirements apply to sources in the State's moderate nonattainment areas for carbon monoxide and includes the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington Counties. The USEPA is conditionally approving Minnesota's basic I/M program provided that the State adopt specific enforceable measures as outlined in its July 5, 1994 letter from Charles W. Williams, Commissioner, Minnesota Air Pollution Control Agency.

    (i) Incorporation by reference.

    (A) Minnesota Rules relating to Motor Vehicle Emissions parts 7023.1010 to 7023.1105, effective January 8, 1994.

    (ii) Additional material.

    (A) Letter from the State of Minnesota to USEPA dated July 5, 1994.

    (b) On February 9, 1996, the State of Minnesota submitted a request to revise its particulate matter (PM) State Implementation Plan (SIP) for the Saint Paul area. This SIP submittal contains administrative orders which include control measures for three companies located in the Red Rock Road area—St. Paul Terminals, Inc., Lafarge Corporation and AMG Resources Corporation. Recent exceedances were attributed to changes of emissions/operations that had occurred at particular sources in the area. The results from the modeling analysis submitted with the Red Rock Road SIP revision, preliminarily demonstrate protection of the PM National Ambient Air Quality Standards (NAAQS). However, due to the lack of emission limits and specific information regarding emission distribution at Lafarge Corporation following the installation of the pneumatic unloader, EPA is conditionally approving the SIP revision at this time. Final approval will be conditioned upon EPA receiving a subsequent modeled attainment demonstration with specific emission limits for Lafarge Corporation, corrected inputs for Peavey/Con-Agra, and consideration of the sources in the 2-4 km range which have experienced emission changes that may impact the Red Rock Road attainment demonstration.

    [59 FR 51863, Oct. 13, 1994, as amended at 62 FR 39123, July 22, 1997]
    § 52.1220 Identification of plan. Link to an amendment published at 67 FR 31965, May 13, 2002. Link to an amendment published at 67 FR 35439, May 20, 2002.

    (a) Title of plan: “Implementation Plan to Achieve National Ambient Air Quality Standards.”

    (b) The plan was officially submitted on January 28, 1972.

    (c) The plan revisions listed below were submitted on the dates specified.

    (1) A revised copy of the State emergency episode criteria was forwarded on February 7, 1972. (Non-regulatory)

    (2) Information concerning intergovernmental cooperation was submitted by the Minnesota Pollution Control Agency on March 27, 1972.

    (3) Certification that the State had adopted amendments to APC-1, 3, 4, 11, and 15, adopted a new air pollution control regulation (APC-16) and projected manpower resources was submitted by the State on April 28, 1972.

    (4) An opinion on the availability of emission data to the public and evaluation of regulation concerning new construction was submitted by the State Attorney General's office on June 15, 1972. (Non-regulatory)

    (5) A revised version of the State's regulation APC-3 was submitted by the Governor on July 25, 1972.

    (6) On June 8, 1973, the Governor of Minnesota submitted a transportation control plan for the Minneapolis-St. Paul Intrastate Air Quality Control Region.

    (7) Information concerning the transportation control plan was submitted on June 18, 1973, by the Minnesota Pollution Control Agency.

    (8) Compliance schedules were submitted on June 28, 1973, by the Minnesota Pollution Control Agency.

    (9) Information concerning the transportation control plan was submitted on July 30, 1973, by the Metropolitan Transit Commission.

    (10) Information concerning the transportation control plan was submitted on August 1, 1973, by the Minnesota Department of Highways.

    (11) Compliance schedules were submitted on August 9, 1973, by the Minnesota Pollution Control Agency.

    (12) On November 15, 1974, the Governor of Minnesota submitted recommended Air Quality Maintenance Area identifications.

    (13) A request for an extension of the statutory timetable for the submittal of the portion of the Minnesota State Implementation Plan implementing the National Secondary Ambient Air Quality Standards for total suspended particulates was submitted by the Executive Director of the Minnesota Pollution Control Agency on January 8, 1979, and was supplemented with additional information on March 9, 1979.

    (14) A transportation control plan for the St. Cloud Metropolitan Area was submitted on May 17, 1979, by the Minnesota Pollution Control Agency.

    (15) Transportation control plans for the Metropolitan Areas of Duluth, Rochester and Minneapolis-St. Paul were submitted on July 3, 1979, and July 23, 1979, by the Minnesota Pollution Control Agency.

    (16) On March 5, 1980, the State of Minnesota submitted a revision to provide for modification of the existing air quality surveillance network. An amendment to the revision was submitted by the State of Minnesota on June 2, 1980.

    (17) The sulfur dioxide control plan and revised operating permits for the Rochester and Twin Cities nonattainment areas were submitted by the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments to the control plans were submitted on September 4, 1980. EPA's approval of the control plan includes approval of the emission limitations contained in the revised operating permits.

    (18) Stipulation Agreement between the State Pollution Control Agency and Erie Mining Company submitted by the State on February 20, 1981.

    (19) On July 29, 1981, the Minnesota Pollution Control Agency submitted an amendment to the transportation control plan for the Minneapolis-St. Paul Metropolitan Area.

    (20) On August 4, 1980, and October 17, 1980, the State submitted its total suspended particulate Part D control plans for the Twin Cities Seven County Metropolitan Area and the City of Duluth. As part of the control strategies the State on January 5, 1981 submitted rule APC-33 and on January 23, 1981 further submitted amended and new rules. The amended and new rules that control total suspended particulate (TSP) emissions are: Amended APC-2, APC-4, APC-5, APC-7, APC-11; and new APC-18, APC-21, APC-22, APC-23, APC-24, APC-25, APC-26, APC-28, APC-29, and APC-32. Regulations APC-4, APC-24, and APC-32 are only approved as they apply to TSP emissions.

    (21) On January 23, 1981, the State submitted new rules and amendments to some of their previously approved rules. On November 17, 1981, the State submitted amendments to APC-33. On May 6, 1982 (47 FR 19520), EPA approved some of the rules insofar as they applied to the total suspended particulate strategy for the Twin Cities Seven County Metropolitan Area and the City of Duluth. The remainder of the rules are:

    (i) Those portions of APC-4, APC-24, and APC-32 which control emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii) the amendments to APC-33; and (iii) APC-8, APC-12, APC-13, APC-15, APC-16, APC-19 and APC-39.

    (22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional information was submitted on February 15, 1984, and February 21, 1984.

    (23) On May 20, 1985, and on April 17, 1986, the State submitted a carbon monoxide plan for the intersection of Snelling and University Avenues in the City of St. Paul. The plan committed to improved signal progression through the intersection by December 31, 1987, and a parking ban on University Avenue within 1 block in either direction of the intersection with Snelling Avenue by December 31, 1989.

    (i) Incorporation by reference.

    (A) Amendment to Air Quality Control Plan for Transportation for the Metropolitan Council of the Twin Cities Area dated January 28, 1985.

    (B) Letter from Minnesota Pollution Control Agency, dated April 17, 1986, and letter from the City of St. Paul, dated April 1, 1986, committing to implementing of transportation control measures.

    (24) On January 7, 1985, the State of Minnesota submitted a consolidated permit rule (CPR) to satisfy the requirements of 40 CFR 51.160 through 51.164 for a general new source review (NSR) program, including lead. On October 25, 1985, the State submitted a Memorandum of Agreement (MOA) which remedied certain deficiencies (40 CFR 52.1225(d)). On October 1, 1986, and January 14, 1987, the State committed to implement its NSR program using USEPA's July 8, 1985 (50 FR 27892), regulations for implementing the stack height requirements of Section 123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving the above for general NSR purposes for all sources, except it is disapproving them for those few sources subject to an NSPS requirement (40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303 B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will continue to apply. Additionally, USEPA is taking no action on the CPR in relationship to the requirements of Section 111, Part C, and Part D of the Clean Air Act.

    (i) Incorporation by reference.

    (A) Within Title 6 Environment, Minnesota Code of Administrative Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section 4.0002, Parts A, B, C, and E—Definitions, Abbreviations, Applicability of Standards, and Circumvention (formerly APC 2) Proposed and Published in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October 17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8 S.R. 2275.

    (B) Rules 6 MCAR section 4.4001 through section 4.4021—Permits (formerly APC 3)—Proposed and Published on December 19, 1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1420) and adopted as modified on April 16, 1984, at 8 S.R. 2278.

    (C) Rules 6 MCAR section 4.4301 through section 4.4305—Air Emission Facility Permits—Proposed and Published on December 19, 1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on April 16, 1984, at 8 S.R. 2276.

    (D) Rules 6 MCAR section 4.4311 through section 4.4321—Indirect Source Permits (formerly APC 19)—Proposed and Published on December 19, 1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted as modified on April 16, 1984, at 8 S.R. 2277.

    (25) On July 9, 1986, the State of Minnesota submitted Rules 7005.2520 through 7005.2523, submitted to replace the rule APC-29 in the existing SIP (see paragraph (20)). This submittal also included State permits for three sources, but these permits were withdrawn from USEPA consideration on February 24, 1992. This submittal provides for regulation of particulate matter from grain handling facilities, and was submitted to satisfy a condition on the approval of Minnesota's Part D plan for particulate matter.

    (i) Incorporation by reference.

    (A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards of Performance for Dry Bulk Agricultural Commodity Facilities; Rule 7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule, promulgated by Minnesota on January 16, 1984, and effective at the State level on January 23, 1984.

    (ii) Additional Material.

    (A) Appendix E to Minnesota's July 9, 1986, submittal, which is a statement signed on April 18, 1986, by Thomas J. Kalitowski, Executive Director, Minnesota Pollution Control Agency, interpreting Rules 7005.2520 through 7005.2523 in the context of actual barge loading practices in Minnesota.

    (26) On March 13, 1989, the State of Minnesota requested that EPA revise the referencing of regulations in the SIP to conform to the State's recodification of its regulations. On November 26, 1991, and September 18, 1992, the State submitted an official version of the recodified regulations to be incorporated into the SIP. The recodified regulations are in Chapter 7001 and Chapter 7005 of Minnesota's regulations. Not approved as part of the SIP are recodified versions of regulations which EPA previously did not approve. Therefore, the SIP does not include Rules 7005.1550 through 7005.1610 (National Emission Standards for Hazardous Air Pollutants (NESHAP) for asbestos), Rules 7005.2300 through 7005.2330 (limits for iron and steel plants), Rules 7005.2550 through 7005.2590 (NESHAP for beryllium), Rules 7005.2650 through 7005.2690 (NESHAP for mercury), Rule 7005.0116 (Opacity Standard Adjustment) and Rule 7005.2910 (Performance Test Methods for coal handling facilities). Similarly, the SIP continues to exclude the exemption now in Rule 7001.1210 as applied to small sources subject to new source performance standards, and the SIP is approved only for “existing sources” in the case of Rules 7005.1250 through 7005.1280 (Standards of Performance for Liquid Petroleum Storage Vessels), Rules 7005.1350 through 7005.1410 (Standards of Performance for Sulfuric Acid Plants), Rules 7005.1450 through 7005.1500 (Standards of Performance for Nitric Acid Plants), and Rules 7005.2100 through 7005.2160 (Standards of Performance for Petroleum Refineries). The SIP also does not include changes in the State's Rule 7005.0100 (relating to offsets) that were withdrawn by the State on February 24, 1992, and does not include the new rules 7005.0030 and 7005.0040.

    (i) Incorporation by reference.

    (A) Minnesota regulations in Chapter 7005 as submitted November 26, 1991, and in Chapter 7001 as submitted September 18, 1992, except for those regulations that EPA has not approved as identified above.

    (27) On August 16, 1982, the MPCA submitted an amendment to the St. Cloud Area Air Quality Control Plan for Transportation as a State Implementation Plan revision. This revision to the SIP was adopted by the Board of the Minnesota Pollution Control Agency on July 27, 1982. On August 31, 1989, the Minnesota Pollution Control Agency submitted a revision to the Minnesota State Implementation Plan (SIP) for carbon monoxide deleting the Lake George Interchange roadway improvement project (10th Avenue at First Street South) from its St. Cloud transportation control measures. This revision to the SIP was approved by the Board on June 27, 1989.

    (i) Incorporation by reference.

    (A) Letter dated August 16, 1982, from Louis J. Breimburst, Executive Director, Minnesota Pollution Control Agency to Valdas V. Adamkus, Regional Administrator, United States Environmental Protection Agency—Region 5 and its enclosed amendment to the Air Quality Plan for Transportation for the St. Cloud Metropolitan Area entitled, “Staff Resolution,” measures 1, 4 and 5 adopted by the Minnesota Pollution Control Agency on July 27, 1982.

    (B) Letter dated August 31, 1989, from Gerald L. Willet, Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus, Regional Administrator, United States Environmental Protection Agency—Region 5.

    (28) On November 9, 1992, the State of Minnesota submitted the Small Business Stationary Source Technical and Environmental Compliance Assistance plan. This submittal satisfies the requirements of section 507 of the Clean Air Act, as amended.

    (i) Incorporation by reference.

    (A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the Legislature, and signed into Law on April 29, 1992.

    (29) On November 26, 1991, August 31, 1992, November 13, 1992, February 3, 1993, April 30, 1993, and October 15, 1993, the State of Minnesota submitted revisions to its State Implementation Plans (SIPs) for particulate matter for the Saint Paul and Rochester areas.

    (i) Incorporation by reference.

    (A) An administrative order for Ashbach Construction Company, dated August 25, 1992, submitted August 31, 1992, for the facility at University Avenue and Omstead Street.

    (B) An administrative order for Commercial Asphalt, Inc., dated August 25, 1992, submitted August 31, 1992, for the facility at Red Rock Road.

    (C) An administrative order for Great Lakes Coal & Dock Company dated August 25, 1992, submitted August 31, 1992, for the facility at 1031 Childs Road.

    (D) An administrative order for Harvest States Cooperatives dated January 26, 1993, submitted February 3, 1993, for the facility at 935 Childs Road.

    (E) An administrative order for LaFarge Corporation dated November 30, 1992, submitted in a letter dated November 13, 1992, for the facility at 2145 Childs Road.

    (F) An administrative order for the Metropolitan Waste Control Commission and the Metropolitan Council dated November 30, 1992, submitted in a letter dated November 13, 1992, for the facility at 2400 Childs Road.

    (G) An administrative order for North Star Steel Company dated April 22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock Road.

    (H) An administrative order for PM Ag Products, Inc., dated August 25, 1992, submitted August 31, 1992, for the facility at 2225 Childs Road.

    (I) An administrative order for Rochester Public Utilities dated November 30, 1992, submitted in a letter dated November 13, 1992, for the facility at 425 Silver Lake Drive.

    (J) An amendment to the administrative order for Rochester Public Utilities, dated October 14, 1993, submitted October 15, 1993, for the facility at 425 Silver Lake Drive.

    (K) An administrative order for J.L. Shiely Company dated August 25, 1992, submitted August 31, 1992, for the facility at 1177 Childs Road.

    (ii) Additional materials.

    (A) A letter from Charles Williams to Valdas Adamkus dated November 26, 1991, with attachments.

    (B) A letter from Charles Williams to Valdas Adamkus dated August 31, 1992, with attachments.

    (C) A letter from Charles Williams to Valdas Adamkus dated November 13, 1992, with attachments.

    (D) A letter from Charles Williams to Valdas Adamkus dated February 3, 1993, with attachments.

    (E) A letter from Charles Williams to Valdas Adamkus dated April 30, 1993, with attachments.

    (F) A letter from Charles Williams to Valdas Adamkus dated October 15, 1993, with attachments.

    (30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State of Minnesota submitted revisions to its State Implementation Plans (SIPs) for sulfur dioxide for Air Quality Control Region (AQCR) 131 (excluding the Dakota County Pine Bend area and an area around Ashland Refinery in St. Paul Park).

    (i) Incorporation by reference.

    (A) An administrative order, received on June 4, 1992, for FMC Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota. The administrative order became effective on May 27, 1992. Amendment One, which was received on March 30, 1993, became effective on March 5, 1993. Amendment Two, which was received on July 15, 1993, became effective on June 30, 1993.

    (B) An administrative order, received on June 4, 1992, for Federal Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The administrative order became effective on May 27, 1992. Amendment one, received on July 15, 1993, became effective on June 30, 1993.

    (C) An administrative order, received on June 4, 1992, for GAF Building Materials Corporation (Asphalt Roofing Products Manufacturing Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County, Minnesota. The administrative order became effective on May 27, 1992. Amendment One, received on July 15, 1993, became effective on June 30, 1993.

    (D) An administrative order, received on June 4, 1992, for Northern States Power Company-Riverside Generating Plant, located in Minneapolis, Hennepin County, Minnesota. The administrative order became effective on May 27, 1992. Amendment One, received on July 15, 1993, became effective on June 30, 1993.

    (E) An administrative order for Minneapolis Energy Center, received on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo Line Boiler Plant all located in Minneapolis, Hennepin County, Minnesota. The administrative order became effective on June 30, 1993.

    (ii) Additional material.

    (A) A letter from Charles Williams to Valdas Adamkus dated May 29, 1992, with enclosures providing technical support (e.g., computer modeling) for the revisions to the administrative orders for five facilities.

    (B) A letter from Charles Williams to Valdas Adamkus dated March 26, 1993, with enclosures providing technical support for an amendment to the administrative order for FMC Corporation and U.S. Navy.

    (C) A letter from Charles Williams to Valdas Adamkus dated July 12, 1993, with enclosures providing technical support for amendments to administrative orders for four facilities and a reissuance of the administrative order to Minneapolis Energy Center, Inc.

    (31) In a letter dated October 30, 1992, the MPCA submitted a revision to the Carbon Monoxide State Implementation Plan for Duluth, Minnesota. This revision contains a maintenance plan that the area will use to maintain the CO NAAQS. The maintenance plan contains park and ride lots and an oxygenated fuels program as the contingency measure.

    (i) Incorporation by reference.

    (A) Letter dated October 30, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5 and its enclosures entitled Appendix E.

    (ii) Additional information.

    (A) Letter dated November 10, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5.

    (B) Letter dated December 22, 1993, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5.

    (32) In a letter dated October 30, 1992, the MPCA submitted a revision to the Carbon Monoxide State Implementation Plan for Duluth, Minnesota. This revision removes a transportation control measure (TCM) from the State Implementation Plan. The TCM is an increased turning radius at 14th Avenue and 3rd Street East.

    (i) Incorporation by reference.

    (A) Letter dated October 30, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5 and its enclosure entitled Appendix D.

    (ii) Additional information.

    (A) Letter dated November 10, 1992, from Charles Williams, Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, Regional Administrator, U.S. Environmental Protection Agency, Region 5.

    (33) On August 5, 1992, and August 26, 1993, the State of Minnesota submitted its “Offset Rules” as revisions to its State Implementation Plan (SIP) for new source review in nonattainment areas.

    (i) Incorporation by reference.

    (A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments effective August 24, 1992.

    (B) Amendments to Rule 7005.3040, effective June 28, 1993.

    (ii) Additional materials.

    (A) A letter from Charles Williams to Valdas Adamkus dated August 5, 1992, with attachments.

    (B) A letter from Charles Williams to Valdas Adamkus dated August 26, 1993, with attachments.

    (34) On November 9, 1992, the State of Minnesota submitted the Oxygenated Gasoline Program. This submittal satisfies the requirements of section 211(m) of the Clean Air Act, as amended.

    (i) Incorporation by reference.

    (A) Minnesota Laws Chapter 2509, sections 1 through 31, except for sections 29 (b) and (c), enacted by the Legislature and signed into Law on April 29, 1992.

    (ii) Additional material.

    (A) Letter dated August 12, 1994, from the Minnesota Pollution Control Agency (MPCA), to the United States Environmental Protection Agency that withdraws the MPCA Board resolution dated October 27, 1992, and any reference to it, from the oxygenated gasoline State Implementation Plan revision request of 1992.

    (35) On July 29, 1992, February 11, 1993, and February 25, 1994, the State of Minnesota submitted revisions to its State Implementation Plans (SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air Quality Control Region (AQCR) 131.

    (i) Incorporation by reference.

    (A) For Continental Nitrogen and Resources Corporation, located in Rosemount, Dakota County, Minnesota:

    (1) An administrative order, dated and effective July 28, 1992, submitted July 29, 1992.

    (2) Amendment One to the administrative order, dated and effective February 25, 1994, submitted February 25, 1994.

    (B) For Northern States Power Company, Inver Hills Generating Facility, located in Dakota County, Minnesota:

    (1) An administrative order, dated and effective July 28, 1992, submitted July 29, 1992.

    (2) Amendment one to the administrative order, dated and effective February 25, 1994, submitted February 25, 1994.

    (C) For Koch Refining Company and Koch Sulfuric Acid Unit, located in the Pine Bend area of Rosemount, Dakota County, Minnesota:

    (1) An administrative order, identified as Amendment One to Findings and Order by Stipulation, dated and effective March 24, 1992, submitted July 29, 1992.

    (2) Amendment two to the administrative order, dated and effective January 22, 1993, submitted February 11, 1993.

    (3) Amendment three to the administrative order, dated and effective February 25, 1994, submitted February 25, 1994.

    (ii) Additional material.

    (A) A letter from Charles Williams to Valdas Adamkus dated July 29, 1992, with enclosures providing technical support (e.g., computer modeling) for the revisions to the administrative orders for three facilities.

    (B) A letter from Charles Williams to Valdas Adamkus dated February 11, 1993, submitting Amendment Two to the administrative order for Koch Refining Company.

    (C) A letter from Charles Williams to Valdas Adamkus dated February 25, 1994, with enclosures providing technical support for amendments to administrative orders for three facilities.

    (36) On June 22, 1993, and September 13, 1994, the State of Minnesota submitted revisions to its State Implementation Plan for lead for a portion of Dakota County.

    (i) Incorporation by reference.

    (A) For Gopher Smelting and Refining Company, located in the city of Eagan, Dakota County, Minnesota:

    (1) An administrative order, dated, submitted, and effective June 22, 1993.

    (2) Amendment One to the administrative order, dated, submitted, and effective, September 13, 1994.

    (ii) Additional material.

    (A) A letter from Charles W. Williams to Valdas V. Adamkus, dated June 22, 1993, with enclosures providing technical support (e.g., computer modeling) for the revisions to the State Implementation Plan for lead.

    (B) A letter from Charles W. Williams to Valdas V. Adamkus, dated September 13, 1994, with enclosures providing technical support for the revised administrative order for Gopher Smelting and Refining Company.

    (37) On March 9, 1994, the State of Minnesota submitted a revision to its particulate matter plan for the Saint Paul area, providing substitute limits for an aggregate heater at the J.L. Shiely facility.

    (i) Incorporation by reference.

    (A) An amendment dated January 12, 1994, amending the administrative order of August 25, 1992, for the J.L. Shiely facility at 1177 Childs Road, Saint Paul.

    Editorial Note:

    At 60 FR 21451, May 2, 1995 the following paragraph (c)(37) was added to § 52.1220.

    (37) On November 23, 1993, the State of Minnesota submitted updated air permitting rules.

    (i) Incorporation by reference.

    (A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.

    (B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550, 7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10, 1993.

    (38) On December 22, 1992 and September 30, 1994, the State of Minnesota submitted revisions to its State Implementation Plans (SIPs) for sulfur dioxide for the St. Paul Park area of Air Quality Control Region (AQCR) 131.

    (i) Incorporation by reference.

    (A) For Ashland Petroleum Company, located in St. Paul Park, Minnesota:

    (1) An administrative order, dated and effective December 15, 1992, submitted December 22, 1992.

    (2) Amendment One to the administrative order, dated and effective September 30, 1994, submitted September 30, 1994.

    (ii) Additional material.

    (A) A letter from Charles Williams to Valdas Adamkus dated December 22, 1992, with enclosures providing technical support (e.g., computer modeling) for the revision to the administrative order for Ashland Petroleum Company.

    (B) A letter from Charles Williams to Valdas Adamkus dated September 30, 1994, with enclosures, submitting Amendment One to the administrative order for Ashland Petroleum Company.

    (39)[Reserved]

    (40) On November 23, 1993, the State of Minnesota requested recodification of the regulations in its State Implementation Plan, requested removal of various regulations, and submitted recodified regulations containing minor revisions.

    (i) Incorporation by reference.

    (A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017, 7019, and 7023, effective October 18, 1993.

    (B) Submitted portions of Minnesota Statutes Sections 17.135, 88.01, 88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.

    (41) On December 22, 1994, Minnesota submitted miscellaneous amendments to 11 previously approved administrative orders. In addition, the previously approved administrative order for PM Ag Products (dated August 25, 1992) is revoked.

    (i) Incorporation by reference.

    (A) Amendments, all effective December 21, 1994, to administrative orders approved in paragraph (c)(29) of this section for: Ashbach Construction Company; Commercial Asphalt, Inc.; Great Lakes Coal & Dock Company; Harvest States Cooperatives; LaFarge Corporation; Metropolitan Council; North Star Steel Company; Rochester Public Utilities; and J.L. Shiely Company.

    (B) Amendments, effective December 21, 1994, to the administrative order approved in paragraph (c)(30) of this section for United Defense, LP (formerly FMC/U.S. Navy).

    (C) Amendments, effective December 21, 1994, to the administrative order approved in paragraph (c)(35) of this section for Northern States Power-Inver Hills Station.

    (42) On September 7, 1994, the State of Minnesota submitted a revision to its State Implementation Plan (SIP) for particulate matter for the Rochester area of Olmsted County, Minnesota.

    (i) Incorporation by reference.

    (A) Amendment Two to the administrative order for the Silver Lake Plant of Rochester Public Utilities, located in Rochester, Minnesota, dated and effective August 31, 1994, submitted September 7, 1994.

    (43) On November 12, 1993, the State of Minnesota submitted a contingency plan to control the emissions of carbon monoxide from mobile sources by use of oxygenated gasoline on a year-round basis. The submittal of this program satisfies the provisions under section 172(c)(9) and 172(b) of the Clean Air Act as amended.

    (i) Incorporation by reference.

    (A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted by the legislature and signed into law on April 29, 1992.

    (44) This revision provides for data which have been collected under the enhanced monitoring and operating permit programs to be used for compliance certifications and enforcement actions.

    (i) Incorporation by reference.

    (A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100 Subparts 1 and 2, both effective February 28, 1995.

    (45) On December 15, 1995, the Minnesota Pollution Control Agency submitted a revision to the State Implementation Plan for the general conformity rules. The general conformity SIP revisions enable the State of Minnesota to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans.

    (i) Incorporation by reference.

    (A) Minnesota rules Part 7009.9000, as created and published in the (Minnesota) Register, November 13, 1995, number 477, effective November 20, 1995.

    (46) On April 24, 1997, the State of Minnesota submitted Administrative Order amendments for sulfur dioxide for two Northern States Power facilities: Inver Hills and Riverside.

    (i) Incorporation by reference.

    (A) Amendment Two, dated and effective November 26, 1996, to administrative order approved in paragraph (c)(30) of this section for Northern States Power-Riverside Station.

    (B) Amendment Three, dated and effective November 26, 1996, to administrative order and amendments approved in paragraphs (c)(35) and (c)(41), respectively, of this section for Northern States Power-Inver Hills Station.

    (47) On October 17, 1997, the State of Minnesota submitted amendments to three previously approved Administrative Orders for North Star Steel Company, LaFarge Corporation, and GAF Building Materials, all located in the Minneapolis-St. Paul area.

    (i) Incorporation by reference.

    (A) Amendments, both dated and effective September 23, 1997, to administrative orders and amendments approved in paragraphs (c)(29) and (c)(41) of this section, respectively, of this section for: LaFarge Corporation (Childs Road facility) and North Star Steel Company.

    (B) Amendment Two, dated and effective September 18, 1997, to administrative order and amendment approved in paragraph (c)(30) of this section for GAF Building Materials.

    (48) On January 12, 1995, Minnesota submitted revisions to its air permitting rules. The submitted revisions provide generally applicable limitations on potential to emit for certain categories of sources.

    (i) Incorporation by reference. Submitted portions of Minnesota regulations in Chapter 7007, and 7011.0060 through 7011.0080 effective December 27, 1994.

    (49) Approval—On December 31, 1998, the Minnesota Pollution Control Agency submitted a request for a revision to the Minnesota sulfur dioxide (SO2) State Implementation Plan (SIP) for Marathon Ashland Petroleum LLC (Marathon). The site-specific SIP revision for Marathon was submitted in the form of an Administrative Order (Order), and referred to as Amendment Four.

    (i) Incorporation by reference.

    (A) For Marathon Ashland Petroleum, LLC, located in St. Paul Park, Minnesota:

    (1) Amendment Four to the administrative order, dated and effective December 22, 1998, and submitted December 31, 1998.

    (ii) Additional material.

    (A) A letter from Peder A. Larson to David Ullrich, dated December 31, 1998, submitting Amendment Four for Marathon Ashland Petroleum, LLC.

    (50) On July 22, 1998 the State of Minnesota submitted a supplemental SIP revision for the control of particulate matter emissions from certain sources located along Red Rock Road, within the boundaries of Ramsey County. This supplemental SIP revision is in response to EPA's July 22, 1997 conditional approval (62 FR 39120), of a February 9, 1996 SIP revision for Red Rock Road. In addition, the previously approved administrative order for Lafarge Corporation (dated February 2, 1996) is revoked.

    (i) Incorporation by reference.

    (A) Air Emission Permit No. 12300353-001, issued by the MPCA to Lafarge Corporation—Red Rock Terminal on April 14, 1998, Title I conditions only.

    (B) Revocation of Findings and Order, dated and effective July 21, 1998, to Findings and Order issued to Lafarge Corporation on February 2, 1996.

    (ii) Additional material.

    (A) Letter submitting vendor certifications of performance for the pollution control equipment at Lafarge Corporation's facility on Red Rock Road in St. Paul, Minnesota, dated May 4, 1998, from Arthur C. Granfield, Regional Environmental Manager for Lafarge Corporation, to Michael J. Sandusky, MPCA Air Quality Division Manager.

    (B) Letter submitting operating ranges for the pollution control equipment at Lafarge Corporation's facility on Red Rock Road in St. Paul, Minnesota, dated July 13, 1998, from Arthur C. Granfield, Regional Environmental Manager for Lafarge Corporation, to Michael J. Sandusky, MPCA Air Quality Division Manager.

    (51) On November 14, 1995, July 8, 1996, September 24, 1996, June 30, 1999, and September 1, 1999, the State of Minnesota submitted revisions to its State Implementation Plan for carbon monoxide regarding the implementation of the motor vehicle inspection and maintenance program in the Minneapolis/St. Paul carbon monoxide nonattainment area. This plan approves Minnesota Statutes Sections 116.60 to 116.65 and Minnesota Rules 7023.1010-7023.1105. This plan also removes Minnesota Rules Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 (E)(2) from the SIP.

    (i) Incorporation by reference.

    (A) Minnesota Statutes Sections 116.60 to 116.65;

    (B) Minnesota Rules 7023.1010-7023.1105 (except Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 (E)(2)).

    (52) [Reserved]

    (53) On September 29, 1998, the State of Minnesota submitted a site-specific revision to the particulate matter (PM) SIP for LTV Steel Mining Company (LTV), formerly known as Erie Mining Company, located in St. Louis County, Minnesota. This SIP revision was submitted in response to a request from LTV that EPA remove the Stipulation Agreement for Erie Mining Company from the State SIP, as was approved by EPA in paragraph (c)(18) of this section. Accordingly the Stipulation Agreement for Erie Mining Company referenced in paragraph (c)(18) of this section is removed from the SIP without replacement.

    (54) On December 7, 1999, the State of Minnesota submitted to remove an Administrative Order and replace it with a federally enforceable State operating permit for Commercial Asphalt's facility located on Red Rock Road in the city of St. Paul. EPA approved a federally enforceable State operating permit (FESOP)(60 FR 21447) for the State of Minnesota on May 2, 1995.

    (i) Incorporation by reference

    (A) Air Emission Permit No. 12300347-002, issued by the MPCA to Commercial Asphalt CO-Plant 905, on September 10, 1999. Title I conditions only.

    (55) [Reserved]

    (56) On November 4, 1998, the State of Minnesota submitted a SIP revision for Olmsted County, Minnesota, for the control of emissions of sulfur dioxide (SO2) in the city of Rochester. The state also submitted on that date a request to redesignate the Rochester nonattainment area to attainment of the SO2 National Ambient Air Quality Standards. The state's maintenance plan is complete and the submittals meet the SO2 nonattainment area SIP and redesignation requirements of the Clean Air Act.

    (i) Incorporation by reference

    (A) Air Emission Permit No. 10900011-001, issued by the Minnesota Pollution Control Agency (MPCA) to City of Rochester—Rochester Public Utilities—Silver Lake Plant on July 22, 1997, Title I conditions only.

    (B) Air Emission Permit No. 00000610-001, issued by the MPCA to City of Rochester—Rochester Public Utilities—Cascade Creek Combustion on January 10, 1997, Title I conditions only.

    (C) Air Emission Permit No. 10900010-001, issued by the MPCA to Associated Milk Producers, Inc. on May 5, 1997, Title I conditions only.

    (D) Air Emission Permit No. 10900008-007 (989-91-OT-2, AMENDMENT No. 4), issued by the MPCA to St. Mary's Hospital on February 28, 1997, Title I conditions only.

    (E) Air Emission Permit No. 10900005-001, issued by the MPCA to Olmsted County—Olmsted Waste-to-Energy Facility on June 5, 1997, Title I conditions only.

    (F) Amendment No. 2 to Air Emission Permit No. 1148-83-OT-1 [10900019], issued by the MPCA to Franklin Heating Station on June 19, 1998, Title I conditions only.

    (G) Air Emission Permit No. 10900006-001, issued by the MPCA to International Business Machine Corporation—IBM—Rochester on June 3, 1998, Title I conditions only.

    (57) On December 20, 2000, the State of Minnesota submitted a site-specific State Implementation Plan (SIP) revision for the control of emissions of sulfur dioxide (SO2) for Koch Petroleum Group, L.P., located in the Pine Bend Area of Rosemount, Dakota County, Minnesota. Specifically, EPA is approving into the SO2 SIP Amendment No. 4 to the Administrative Order previously approved in paragraph (c)(35) of this section.

    (i) Incorporation by reference.

    (A) An administrative order identified as Amendment Four to Findings and Order by Stipulation, for Koch Petroleum Group, L.P., dated and effective December 19, 2000, submitted December 20, 2000.

    (58) [Reserved]

    (59) On September 1, 1999, the State of Minnesota submitted a site-specific revision to the Minnesota Sulfur Dioxide (SO2) SIP for the Northern States Power Company (NSP) Riverside Plant, located in Minneapolis, Hennepin County, Minnesota. Specifically, EPA is approving into the SO2 SIP only those portions of the NSP Riverside Plant Title V Operating Permit cited as “Title I condition: State Implementation Plan for SO2.” In this same action, EPA is removing from the state SO2 SIP the NSP Riverside Plant Administrative Order previously approved and amended in paragraphs (c)(30) and (c)(46) of this section respectively.

    (i) Incorporation by reference.

    (A) Air Emission Permit No. 05300015-001, issued by the Minnesota Pollution Control Agency (MPCA) to Northern States Power Company—Riverside Plant on May 11, 1999, Title I conditions only.

    (60) On May 2, 2001, the State of Minnesota submitted a site-specific State Implementation Plan (SIP) revision for the control of emissions of sulfur dioxide (SO2) for Koch Petroleum Group, L.P., located in the Pine Bend Area of Rosemount, Dakota County, Minnesota. Specifically, EPA is approving into the SO2 SIP Amendment No. 5 to the Administrative Order previously approved in paragraph (c)(35) and revised in paragraph (c)(57) of this section.

    (i) Incorporation by reference

    (A) An administrative order identified as Amendment Five to Findings and Order by Stipulation, for Koch Petroleum Group, L.P., dated and effective April 30, 2001, submitted May 2, 2001.

    [37 FR 10874, May 31, 1972] Editorial Note:

    For Federal Register citations affecting § 52.1220, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.

     Effective Date Notes:

    1. At 67 FR 31965, May 13, 2002, § 52.1220 was amended by adding paragraph (c)(58), effective July 12, 2002. For the convenience of the user, the added text is set forth as follows:

    § 52.1220 Identification of plan.

    (c) * * *

    (58) On December 16, 1998, the State submitted an update to the Minnesota performance test rule, which sets out the procedures for facilities that are required to conduct performance tests to demonstrate compliance with their emission limits and/or operating requirements. In addition, EPA is removing from the state SIP Minnesota Rule 7017.2000 previously approved as APC 21 in paragraph (c)(20) and amended in paragraph (c)(40) of this section.

    (i) Incorporation by reference.

    (A) Amendments to Minnesota Rules 7011.0010, 7011.0105, 7011.0510, 7011.0515, 7011.0610, 7011.0710, 7011.0805, 7011.1305, 7011.1405, 7011.1410, 7017.2001, 7017.2005, 7017.2015, 7017.2018, 7017.2020, 7017.2025, 7017.2030, 7017.2035, 7017.2045, 7017.2050 and 2060, published in the Minnesota State Register April 20, 1998, and adopted by the state on July 13, 1998.

    2. At 67 FR 35439, May 20, 2002, § 52.1220 was amended by removing and reserving paragraphs (c)(38) and (c)(49) and adding paragraph (c)(55), effective July 19, 2002. For the convenience of the user, the added text is set forth as follows:

    § 52.1220 Identification of plan.

    (c) * * *

    (38) [Reserved]

    (49) [Reserved]

    (55) On February 6, 2000, the State of Minnesota submitted a site-specific revision to the Minnesota Sulfur Dioxide (SO2) SIP for Marathon Ashland Petroleum, LLC (Marathon Ashland), located in the cities of St. Paul Park and Newport, Washington County, Minnesota. Specifically, EPA is only approving into the SIP only those portions of the Marathon Ashland Title V Operating permit cited as “Title I condition: SIP for SO2 NAAQS 40 CFR pt.50 and Minnesota State Implementation Plan (SIP).” In this same action, EPA is removing from the state SO2 SIP the Marathon Ashland Administrative Order previously approved in paragraph (c)(38) and revised in paragraph (c)(49) of this section.

    (i) Incorporation by reference

    (A) AIR EMISSION PERMIT NO. 16300003-003, issued by the Minnesota Pollution Control Agency to Marathon Ashland Petroleum, LLC on October 26, 1999, Title I conditions only.

    § 52.1221 Classification of regions.

    The Minnesota plan was evaluated on the basis of the following classifications:

    Air quality control region Pollutant Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Photochemical oxidants (hydrocarbons) Central Minnesota Intrastate II III III III III Southeast Minnesota-La Crosse (Wisconsin) Interstate II Ia III III III Duluth (Minnesota)-Superior (Wisconsin) Interstate I II III III III Metropolitan Fargo-Moorhead Interstate II III III III III Minneapolis-St. Paul Intrastate I I III I III Northwest Minnesota Intrastate II III III III III Southwest Minnesota Intrastate III III III III III [37 FR 10874, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
    § 52.1222 EPA-approved Minnesota State regulations.

    The following table identifies the State regulations submitted to and approved by EPA as revisions to the Minnesota State Implementation Plan (SIP). This table is for informational purposes only and does not have any independent regulatory effect. This table also does not include administrative orders that have been approved into the SIP. To determine regulatory requirements for a specific situation consult the plan identified in § 52.1220. To the extent that this table conflicts with § 52.1220, § 52.1220 governs.

    Table 52.1222.—EPA Approved Regulations Rule description Minnesota rule numbers Contents of SIP Effective date Relevant ¶s in § 52.1220 1 Definitions and Abbreviations 7005.0100-.0110 Full rules except def'n of NESHAP 10/18/93 b,c20,c40. Air Emission Permits 7007.0050-.1850 Full rules 8/10/93 b,c3,c5, c24,c26,c39. Offsets 7007.4000-.4030 Full rules 10/18/93 c33. Ambient Air Quality Standards 7009.0010-.0080 All except 7009.0030 and 7009.0040 10/18/93 b,c3,c26. Air Pollution Episodes 7009.1000-.1110 Full rules 10/18/93 c1,c21. Applicability 7011.0010, .0020 Full rules 10/18/93 b,c20 Opacity 7011.0100-.0120 All except 7011.0120 10/18/93 b,c3,c20. Fugitive Particulate 7011.0150 Full rules 10/18/93 b. Indirect Heating Equipment 7011.0500-.0550 Full rules 10/18/93 b,c3,c20,c21 Direct Heating Equipment 7011.0600-.0620 Full rules 10/18/93 c20,c21. Industrial Process Equipment 7011.0700-.0735 Full rules 10/18/93 b,c20 Portland Cement Plants 7011.0800-.0825 All except 7011.0810 10/18/93 c20,c40. Asphalt Concrete Plants 7011.0900-.0920 All except 7011.0910 10/18/93 c20,c40. Grain Elevators 7011.1000-.1015 All except 7011.1005(2) 10/18/93 c20,c25,c40. Coal Handling Facilities 7011.1100-.1140 All except 7011.1130 10/18/93 c21. Incinerators 7011.1201-.1207 All rules for “existing sources” 2 10/18/93 b,c20,c40. Sewage Sludge Incinerators 7011.1300-.1325 All rules for “existing sources” 10/18/93 c20,c40 Petroleum Refineries 7011.1400-.1430 All rules for “existing sources” 10/18/93 c20,c21. Liquid Petroleum and VOC Storage Vessels 7011.1500-.1515 All rules for “existing sources” 10/18/93 b,c21. Sulfuric Acid Plants 7011.1600-.1630 All except 7011.1610 10/18/93 b,c3,c21,c40 Nitric Acid Plants 7011.1700-.1725 All except 7011.1710 10/18/93 b,c3,c21,c40. Inorganic Fibrous Materials 7011.2100-.2105 All rules 10/18/93 c20. Stationary Internal Combustion Engine 7011.2300 Entire rule 10/18/93 b,c21. CEMS 7017.1000 Entire Rule 10/18/93 c20. Performance Tests 7017.2000 Entire Rule 10/18/93 c20. Notifications 7019.1000 Entire Rule 10/18/93 c20. Reports 7019.2000 Entire Rule 10/18/93 c20. Emission Inventory 7019.3000, .3010 All rules 10/18/93 c20,c40. Motor Vehicles 7023.1010-7023.1105 All rules except Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 (E)(2) November 29, 1999 c51 Open Burning Portions of Chapter 17 and 88 of MN Statutes All submitted portions of Sections 17.135, 88.01, 88.02, 88.03, 88.16, 88.17, and 88.171 1993 b,c21,c26, c40. 1 Recodifications affect essentially all rules but are shown only for substantively revised rules. 2 “Existing” sources are sources other than those subject to a new source performance standard. [60 FR 27413, May 24, 1995, as amended at 64 FR 58347, Oct. 29, 1999]
    § 52.1223 Approval status.

    With the exceptions set forth in this subpart, the Administrator approves Minnesota's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977, except as noted below.

    [45 FR 40581, June 16, 1980]
    § 52.1224 General requirements.

    (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.

    (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan.

    (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to July 30 and July 1 to December 31.

    (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.

    (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator.

    (5) Authority of the Regional Administrator to make available information and data was delegated to the Minnesota Pollution Control Agency effective October 6, 1977.

    [37 FR 10874, May 31, 1972, as amended at 40 FR 55330, Nov. 28, 1975; 43 FR 10, Jan. 3, 1978; 51 FR 40676, Nov. 7, 1986]
    § 52.1225 Review of new sources and modifications.

    (a) Part D—Approval. The State of Minnesota has satisfied the requirements of sections 173 and 189(a)(1)(A) for permitting of major new sources and modifications in nonattainment areas.

    (b)-(d) [Reserved]

    (e) The State of Minnesota has committed to conform to the Stack Height Regulations, as set forth in 40 CFR part 51. In a January 14, 1987, letter to David Kee, USEPA, Thomas J. Kalitowski, Executive Director, Minnesota Pollution Control Agency, stated:

    Minnesota does not currently have a stack height rule, nor do we intend to adopt such a rule. Instead, we will conform with the Stack Height Regulations as set forth in the July 8, 1985, Federal Register in issuing permits for new or modified sources. In cases where that rule is not clear, we will contact USEPA Region V and conform to the current federal interpretation of the item in question.

     [53 FR 17037, May 13, 1988, as amended at 59 FR 21941, Apr. 28, 1994; 60 FR 21451, May 2, 1995]
    §§ 52.1226-52.1229 [Reserved]
    § 52.1230 Control strategy and rules: Particulates.

    (a) Part D. (1) Approval. The State of Minnesota has satisfied the requirements of sections 189(a)(1)(B) and 189(a)(1)(C) and paragraphs 1, 2, 3, 4, 6, 7, 8, and 9 of section 172(c) for the Saint Paul and Rochester areas. The Administrator has determined pursuant to section 189(e) that secondary particulate matter formed from particulate matter precursors does not contribute significantly to exceedances of the NAAQS.

    (2) No action. USEPA takes no action on the alternative test method provision of Rule 7005.2910.

    (b) Approval—On May 31, 1988, the State of Minnesota submitted a committal SIP for particulate matter with an aerodynamic diameter equal to or less than 10 micrometers (PM10) for Minnesota's Group II areas. The Group II areas of concern are in Minneapolis, Hennepin County; Duluth and Iron Range, St. Louis County; Iron Range, Itasca County; Two Harbors, Lake County; and St. Cloud, Stearns County. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681.

    [47 FR 19522, May 6, 1982, as amended at 47 FR 32118, July 26, 1982; 55 FR 21022, May 22, 1990; 57 FR 46308, Oct. 8, 1992; 59 FR 7222, Feb. 15, 1994]
    §§ 52.1231-52.1232 [Reserved]
    § 52.1233 Operating permits.

    Emission limitations and related provisions which are established in Minnesota permits as federally enforceable conditions in accordance with Chapter 7007 rules shall be enforceable by USEPA. USEPA reserves the right to deem permit conditions not federally enforceable. Such a determination will be made according to appropriate procedures, and be based upon the permit, permit approval procedures or permit requirements which do not conform with the permit program requirements or the requirements of USEPA's underlying regulations.

    [60 FR 21451, May 2, 1995]
    § 52.1234 Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

    (b) Regulations for preventing significant deterioration of air quality. The provisions of § 52.21(b) through (w) are hereby incorporated and made a part of the applicable state plan for the State of Minnesota.

    (c) All applications and other information required pursuant to § 52.21 from sources located in the State of Minnesota shall be submitted to the Minnesota Pollution Control Agency, Division of Air Quality, 520 Lafayette Road, St. Paul, Minnesota 55155.

    [45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988]
    § 52.1235 [Reserved]
    § 52.1236 Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.

    (b) Regulation for visibility monitoring and new source review. The provisions of §§ 52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of Minnesota.

    (c) Long-term strategy. The provisions of § 52.29 are hereby incorporated and made part of the applicable plan for the State of Minnesota.

    [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
    § 52.1237 Control strategy: Carbon monoxide.

    (a) The base year carbon monoxide emission inventory requirement of section 187(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for the following areas: Duluth Metropolitan Area and Minneapolis-St. Paul Metropolitan Area.

    (b) Approval—The 1993 carbon monoxide periodic emission inventory requirement of section 187(a)(5) of the Clean Air Act, as amended in 1990, has been satisfied for the following areas: the counties of the Twin cities seven county Metropolitan area (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington), and Wright.

    (c) Approval—On March 23, 1998, the Minnesota Pollution Control Agency submitted a request to redesignate the Minneapolis/St. Paul CO nonattainment area (consisting of portions of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, Washington, and Wright) to attainment for CO. 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 (1996 attainment year) emission inventory for CO, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2009, 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 CO NAAQS (which must be confirmed by the State), Minnesota will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The menu of contingency measures includes oxygenated fuel, transportation control measures, or a vehicle inspection and maintenance program. 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.

    [59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997; 64 FR 58354, Oct. 29, 1999]
    Subpart Z—Mississippi
    § 52.1270 Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State implementation plan for Mississippi under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.

    (b) Incorporation by reference.

    (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to July 1, 1999, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after July 1, 1999, will be incorporated by reference in the next update to the SIP compilation.

    (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) 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, 1999.

    (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 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 St., SW., Washington, DC 20460.

    (c) EPA approved regulations.

    EPA-Approved Mississippi Regulations State citation Title/subject State effective date EPA approval date Comments APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants Section 1 General 01/09/94 02/12/96
  • 61 FR 5295
    •      Section 2 Definitions 01/09/94 02/12/96
  • 61 FR 5295
    •      Section 3 Specific Criteria for Sources of Particulate Matter 09/21/96 07/15/97
  • 62 FR 37726
    •      Section 4 Specific Criteria for Sources of Sulfur Compounds 01/09/94 02/12/96
  • 61 FR 5295
    •      Section 5 Specific Criteria for Sources of Chemical Emissions 01/09/94 02/12/96
  • 61 FR 5295
    •      Section 6 New Sources 01/09/94 02/12/96
  • 61 FR 5295
    •  Subsection 2 Other Limitations and Subsection 3 NSPS have not been Federally approved.     Section 7 Exceptions 02/04/72 05/31/72
  • 37 FR 10875
    •      Section 9 Stack Height Considerations 05/01/86 09/23/87
  • 51 FR 35704
    •      Section 10 Provisions for Upsets, Startups, and Shutdowns 01/09/94 02/12/96
  • 61 FR 5295
    •      Section 11 Severability 01/09/94 02/12/96
  • 61 FR 5295
    •      APC-S-2 Mississippi commission On Environmental Quality Permit Regulations for the Construction and/or Operation of Air Equipment Section I General Requirements 01/09/94 05/02/95
  • 60 FR 21442
    •      Section II General Standards Applicable to All Permits 01/09/94 05/02/95
  • 60 FR 21442
    •      Section III Standards for Granting a State Permit to Operate An Existing Source 01/09/94 05/02/95
  • 60 FR 21442
    •      Section IV Application for Permit to Construct and State Permit to Operate New Facility 01/09/94 05/02/95
  • 60 FR 21442
    •      Section V Public Participation and Public Availability of Information 01/09/94 05/02/95
  • 60 FR 21442
    •      Section VI Application Review 01/09/94 05/02/95
  • 60 FR 21442
    •      Section VII Compliance Testing 01/09/94 05/02/95
  • 60 FR 21442
    •      Section VIII Emissions Evaluation Report 01/09/94 05/02/95
  • 60 FR 21442
    •      Section IX Procedures for Renewal of State Permit to Operate 01/09/94 05/02/95
  • 60 FR 21442
    •      Section X Standards for Renewal of State Permit to Operate 01/09/94 05/02/95
  • 60 FR 21442
    •      Section XI Reporting and Record Keeping 01/09/94 05/02/95
  • 60 FR 21442
    •      Section XII Emission Reduction Schedule 01/09/94 05/02/95
  • 60 FR 21442
    •      Section XIII Exclusions, Variances, and General Permits 01/09/94 05/02/95
  • 60 FR 21442
    •      Section XIV Permit Transfer 01/09/94 05/02/95
  • 60 FR 21442
    •      Section XV Severability 01/09/94 05/02/95
  • 60 FR 21442
    •      APC-S-3 Regulations for Prevention of Air Pollution Emergency Episodes Section 1 General 02/04/72 05/31/72
  • 37 FR 10875
    •      Section 2 Definitions 02/04/72 05/31/72
  • 37 FR 10875
    •      Section 3 Episode Criteria 06/03/88 11/13/89
  • 54 FR 47211
    •      Section 4 Emission Control Action Programs 02/04/72 05/31/72
  • 37 FR 10875
    •      Section 5 Emergency Orders 06/03/88 11/13/89
  • 54 FR 47211
    •      APC-S-5 Regulations for the Prevention of Significant Deterioration of Air Quality All 09/21/96 07/15/97
  • 62 FR 37726
    •

    (d) EPA-approved State Source specific requirements.

    EPA-Approved Mississippi Source-Specific Requirements Name of source Permit number State effective date EPA approval date Comments None.

    (e) [Reserved]

    [62 FR 35442, July 1, 1997, as amended at 62 FR 37726, July 15, 1997; 62 FR 40139, July 25, 1997; 64 FR 35009, June 30, 1999]
    § 52.1271 Classification of regions.

    The Mississippi plan was evaluated on the basis of the following classifications:

    Air quality control region Pollutant Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Photochemical oxidants (hydrocarbons) Mobile (Alabama)-Pensacola-Panama City (Florida)-Gulfport (Mississippi) Interstate I I III III I Metropolitan Memphis Interstate I III III III I Mississippi Delta Intrastate III III III III III Northeast Mississippi Intrastate II III III III III [37 FR 10875, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
    § 52.1272 Approval status.

    With the exceptions set forth in this subpart, the Administrator approves Mississippi's plan for the attainment and maintenance of national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements or Part D, Title I, of the Clean Air Act as amended in 1977.

    [45 FR 2032, Jan. 10, 1980]
    § 52.1273 [Reserved]
    § 52.1275 Legal authority.

    (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.

    (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.

    [39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974; 51 FR 40676, Nov. 7, 1986]
    § 52.1276 [Reserved]
    § 52.1277 General requirements.

    (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.

    (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan.

    (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31.

    (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.

    (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator.

    [39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55330, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986]
    § 52.1278 Control strategy: Sulfur oxides and particulate matter.

    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.

    [54 FR 25456, June 15, 1989]
    § 52.1279 [Reserved]
    § 52.1280 Significant deterioration of air quality.

    (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.

    [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]
    § 52.1281 Original identification of plan section.

    (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.

    (b) The plan was officially submitted on February 4, 1972.

    (c) The plan revisions listed below were submitted on the dates specified.

    (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 SO2 regulation, section 4, Appendix C submitted on May 4, 1972, by the Mississippi Air and Water Pollution Control Commission.

    (2) Telegram concerning adoption of plan changes submitted on May 15, 1972, by the Mississippi Air and Water Pollution Control Commission.

    (3) House Bill number 680 submitted on May 17, 1972, by the Governor.

    (4) Compliance schedule revisions submitted on March 6, 1973, by the Mississippi Air and Water Pollution Control Commission.

    (5) Compliance schedule revisions submitted on August 9, 1973, by the Mississippi Air and Water Pollution Control Commission.

    (6) AQMA identification material submitted on March 14, 1974, by the Mississippi Air and Water Pollution Control Commission.

    (7) Compliance schedules submitted on January 20, 1975, by the Mississippi Air and Water Pollution Control Commission.

    (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.

    (9) Revised regulations for open burning, submitted on October 31, 1977, by the Mississippi Air and Water Pollution Control Commission.

    (10) Revised permit regulations, submitted on March 16, 1978, by the Mississippi Air and Water Pollution Control Commission.

    (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.

    (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 Federal Register of July 10, 1980).

    (13) Air Quality Surveillance Plan, submitted on June 1, 1982, by the Mississippi Department of Natural Resources.

    (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.

    (15) Revised SO2 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.

    (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.

    (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.

    (B) A revision adopted on May 9, 1984, adds Paragraph 3 to Mississippi's “Air Quality Regulations,” APC-S-1, Section 1 “General.”

    (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.

    (ii) Other materials—none.

    (17) Implementation plan for lead, submitted on May 9, 1984, by the Mississippi Department of Natural Resources.

    (18) Part D and other new source review provisions were submitted by the Mississippi Department of Natural Resources on November 25, 1981.

    (i) Incorporation by reference.

    (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.

    (ii) Additional material.

    (A) Letter to Jack Ravan from Charlie E. Blalock, dated November 25, 1985, interpreting Mississippi regulations with respect to source coverage and stack heights.

    (19) Stack height regulations were submitted to EPA on April 1, 1986 by the Mississippi Department of Natural Resources.

    (i) Incorporation by reference.

    (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.

    (B) Letter of April 1, 1986 from Mississippi Department of National Resources.

    (ii) Additional material—none.

    (20) PM10 revisions for the State of Mississippi which were submitted by the Mississippi Department of Natural Resources on July 26, 1988.

    (i) Incorporation by reference.

    (A) Revised regulations which became State-effective on June 3, 1988:

    1. Air Emission Regulations, APC-S-1, Section 2, (16)-(27).

    2. Permit Regulations . . ., APC-S-2, 2.4.8.1(a), (b), (e), (f) and 2.4.8.3.

    3. Regulations for the Prevention of Air Pollution Emergency Episodes, APC-S-3, Section 3 and Section 5.

    (ii) Additional material.

    (A) Letter of July 26, 1988, from the Mississippi Department of Natural Resources, submitting the Mississippi SIP revisions.

    Revised SIP narrative:

    (B) Section 1.15Notification of Public Hearing for Plan Revision for PM10 Requirements

    (C) Section 3.6Legal Authority for the PM10 Plan Revision

    (D) Section 5.5Control Strategy for the Development of Emission Regulations for PM10

    (E) Section 6.9Control Regulations for PM10 Revisions

    (F) Chapter 9.0Air Monitoring

    (G) Section 14.1.4Health Effects of the PM10 Plan Revisions

    (H) Section 14.3.4Economic Effects of the PM10 Plan Revisions

    (I) Section 14.5.4Social Effects of the PM10 Plan Revisions

    (J) Section 14.6.4Air Quality Effects of the PM10 Revisions

    (21) Revisions to APC-S-5 of the Mississippi Air Pollution Control Act which were submitted on July 16, 1990.

    (i) Incorporation by reference. (A) Regulation APC-S-5, Regulations for the Prevention of Significant Deterioration of Air Quality, effective on July 29, 1990.

    (ii) Other material. (A) Letter of July 16, 1990, from the Mississippi Department of Environmental Quality.

    (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.

    (i) Incorporation by reference.

    (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.

    (ii) Other material.

    (A) Letter of June 14, 1991 from the Mississippi Department of Environmental Quality.

    (B) Letter of March 8, 1991, from the Mississippi Department of Environmental Quality regarding minimum program elements.

    (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).

    (i) Incorporation by reference.

    (A) Mississippi SIP chapter 15 effective December 19, 1992.

    (ii) Additional information.

    (A) January 20, 1994, letter of clarification regarding the appointment of the CAP.

    (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.

    (i) Incorporation by reference.

    (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.

    (B) Letter of June 21, 1994, from the Mississippi Office of the Attorney General to the Environmental Protection Agency.

    (ii) Additional material. None.

    (25) Revisions to minor source operating permit rules submitted by the Mississippi Department of Environmental Quality on January 26, 1994.

    (i) Incorporation by reference.

    (A) Regulation APC-S-2, effective January 9, 1994.

    (ii) Other material. None.

    (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.

    (i) Incorporation by reference.

    (A) Regulations of the prevention of significant deterioration of air quality—Regulation APC-S-5 effective January 9, 1994.

    (ii) Additional information—None.

    (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.

    (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.

    (ii) Additional material. None.

    [37 FR 10875, May 31, 1972. Redesignated and amended at 62 FR 35442, July 1, 1997] Editorial Note:

    For Federal Register citations affecting § 52.1281, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.
    Subpart AA—Missouri
    § 52.1319 [Reserved]
    § 52.1320 Identification of Plan.

    (a) Purpose and scope. This section sets forth the applicable SIP for Missouri under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards (NAAQS).

    (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to July 1, 1999, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR Part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after July 1, 1999, will be incorporated by reference in the next update to the SIP compilation.

    (2) EPA Region VII 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 SIP as of July 1, 1999.

    (3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region VII, Air Planning and Development Branch, 901 North 5th Street, Kansas City, Kansas 66101; the Office of Federal Register, 800 North Capitol Street, NW, Suite 700, Washington, DC; or at EPA Air and Radiation Docket and Information Center, Air Docket (6102), 401 M St., SW., Washington, DC 20460.

    (c) EPA-approved regulations.

    EPA-Approved Missouri Regulations Missouri citation Title State effective date EPA approval date Explanation Missouri Department of Natural Resources Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area 10-2.040 Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating 9/4/84 1/24/85, 50 FR 3337 10-2.080 Emission of Visible Air Contaminants from Internal Combustion Engines 2/25/70 3/18/80, 45 FR 17145 10-2.090 Incinerators 2/25/70 3/18/80, 45 FR 17145 The state has rescinded this rule. 10-2.100 Open Burning Restrictions 4/2/84 8/31/84, 49 FR 34484 10-2.150 Time Schedule for Compliance 2/25/70 3/18/80, 45 FR 17145 10-2.205 Control of Emissions from AerospaceManufacture and Rework Facilities 3/30/01 4/24/02, 67 FR 20038 10-2.210 Control of Emissions from Solvent Metal Cleaning 10/30/01 4/24/02, 67 FR 20038 10-2.215 Control of Emissions from Solvent Cleanup Operations 5/30/01 4/24/02, 67 FR 20038 10-2.220 Liquefied Cutback Asphalt Paving Restricted 6/3/91 6/23/92, 57 FR 27939 10-2.230 Control of Emissions from Industrial Surface Coating Operations 11/29/91 8/24/94, 59 FR 43480 4/3/95, 60 FR 16806 (correction). 10-2.260 Control of Petroleum Liquid Storage, Loading, and Transfer 7/30/01 4/24/02, 67 FR 20038 10-2.280 Control of Emissions from Perchloroethylene Dry Cleaning Installations 11/29/91 8/24/94, 59 FR 43480 4/3/95, 60 FR 16806 (correction). 10-2.290 Control of Emissions From Rotogravure and Flexographic Printing Facilities 3/30/92 8/30/93, 58 FR 45451 The state rule has Sections (6)(A) and (6)(B), which EPA has not approved.
  • 9/6/94, 59 FR 43376 (correction).
    •      10-2.300 Control of Emissions from the Manufacturing of Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating Products 11/29/91 8/24/94, 59 FR 43480 4/3/95, 60 FR 16806 (correction).
  • Section (1)(A) is not a part of the SIP.
    •      10-2.310 Control of Emissions from the Application of Automotive Underbody Deadeners 11/29/91 8/24/94, 59 FR 43480 4/3/95, 60 FR 16806 (correction). 10-2.320 Control of Emissions from Production of Pesticides and Herbicides 11/29/91 8/24/94, 59 FR 43480 4/3/95, 60 FR 16806 (correction). 10-2.330 Control of Gasoline Reid Vapor Pressure 5/30/01 2/13/02, 67 FR 6660 10-2.340 Control of Emissions from Lithographic Printing Facilities 10/15/91 6/23/92, 57 FR 27939 10-2.360 Control of Emissions from Bakery Ovens 11/30/95 7/20/98, 63 FR 38755 10-2.390 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 11/30/96 9/5/97, 62 FR 46880 2/10/98, 63 FR 6645 (correction). Chapter 3—Air Pollution Control Regulations for the Outstate Missouri Area 10-3.010 Auto Exhaust Emission Controls 2/1/78 3/18/80, 45 FR 17145 10-3.030 Open Burning Restrictions 7/31/98 4/1/99, 64 FR 15688 10-3.040 Incinerators 2/1/78 3/18/80, 45 FR 17145 The state has rescinded this rule. 10-3.060 Maximum Allowable Emissions of Particulate Matter From Fuel Burning Equipment 9/4/84 1/24/85, 50 FR 3337 EPA has not approved the exemption in Section (7). Chapter 4—Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area 10-4.040 Maximum Allowable Emission of Particulate Matter From Fuel Burning Equipment Used for Indirect Heating 9/4/84 1/24/85, 50 FR 3337 10-4.080 Incinerators 12/16/69 3/18/80, 45 FR 17145 The state has rescinded this rule. 10-4.090 Open Burning Restrictions 4/2/84 8/31/84, 49 FR 34484 10-4.140 Time Schedule for Compliance 12/15/69 3/18/80, 45 FR 17145 Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 10-5.030 Maximum Allowable Emission of Particulate Matter from Fuel Burning Equipment Used for Indirect Heating 9/4/84 1/24/85, 50 FR 3337 10-5.040 Use of Fuel in Hand-Fired Equipment Prohibited 9/18/70 3/18/80, 45 FR 17145 10-5.060 Refuse Not To Be Burned in Fuel Burning Installations 9/18/70 3/18/80, 45 FR 17145 The state has rescinded this rule. 10-5.070 Open Burning Restrictions 01/29/95 2/17/00, 65 FR 8063 10-5.080 Incinerators 9/18/70 3/18/80, 45 FR 17145 The state has rescinded this rule. 10-5.120 Information on Sales of Fuels to be Provided and Maintained 9/18/70 3/18/80, 45 FR 17145 10-5.130 Certain Coals to be Washed 9/18/70 3/18/80, 45 FR 17145 10-5.180 Emission of Visible Air Contaminants from Internal Combustion Engines 9/18/70 3/18/80, 45 FR 17145 10-5.220 Control of Petroleum Liquid Storage, Loading, and Transfer August 30, 1999 May 18, 2000 10-5.240 Additional Air Quality Control Measures May Be Required When Sources Are Clustered in a Small Land Area 9/18/70 3/18/80, 45 FR 17145 10-5.250 Time Schedule for Compliance 1/18/72 3/18/80, 45 FR 17145 10-5.290 More Restrictive Emission Limitations for Sulfur Dioxide and Particulate Matter in the South St. Louis Area 5/3/82 8/30/82, 47 FR 38123 The state has deleted all provisions to N.L. Industries, which is no longer in operation, and has made significant changes to the provisions affecting Carondelet Coke. 10-5.295 Control of Emissions From Aerospace Manufacturing and Rework Facilities February 29, 2000 May 18, 2000 10-5.300 Control of Emissions From Solvent Metal Cleaning 5/30/98 5/18/00 10-5.310 Liquefied Cutback Asphalt Restricted 3/1/89 3/5/90, 55 FR 7712 10-5.320 Control of Emissions from Perchloroethylene Dry Cleaning Installations 11/29/91 8/24/94, 59 FR 43480 4/3/95, 60 FR 16806 (correction). 10-5.330 Control of Emissions From Industrial Surface Coating Operations 12/30/00 7/20/01 66 FR 37906 10-5.340 Control of Emissions From Rotogravure and Flexographic Printing Facilities 3/30/92 8/30/93, 58 FR 45451 The state rule has Section (6)(A)(B), which EPA has not approved.
  • 9/6/94, 59 FR 43376 (correction).
    •      10-5.350 Control of Emissions From Manufacture of Synthesized Pharmaceutical Products 11/29/91 8/24/94, 59 FR 4348 04/3/95, 60 FR 16806 (Correction Notice). 10-5.360 Control of Emissions from Polyethylene Bag Sealing Operations 11/29/91 8/24/94, 59 FR 43480 4/3/95, 60 FR 16806 (Correction Notice). 10-5.370 Control of Emissions from the Application of Deadeners and Adhesives 11/29/91 8/24/94, 59 FR 43480 4/3/95, 60 FR 16806 (Correction Notice). 10-5.380 Motor vehicle emissions inspection 12/30/99 May 18, 2000, 65 FR 31482 10-5.390 Control of Emissions From Manufacture of Paints, Varnishes, Lacquers, Enamels, and Other Allied Surface Coating Products 08/30/00 08/14/01 66 FR 42607 10-5.410 Control of Emissions From Manufacture of Polystyrene Resin 11/29/91 8/24/94, 59 FR 43480 4/3/95, 60 FR 16806 (Correction Notice). 10-5.420 Control of Equipment Leaks from Synthetic Organic Chemical and Polymer Manufacturing Plants 3/1/89 3/5/90, 55 FR 7712 10-5.440 Control of Emissions from Bakery Ovens 12/30/96 2/17/00, 65 FR 8063 10-5.442 Control of Emissions from Offset Lithographic Printing Operations 05/28/95 2/17/00, 65 FR 8063 10-5.450 Control of VOC Emissions from Traffic Coatings 05/28/95 2/17/00, 65 FR 8063 10-5.451 Control of Emissions From Aluminum Foil Rolling 09/30/00 7/20/01 66 FR 37908 10-5.455 Control of Emission from Solvent Cleaning Operations 02/28/97 2/17/00, 65 FR 8063 10-5.480 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 11/30/96 9/5/97, 62 FR 46880 2/10/98, 63 FR 6645 (correction). 10-5.490 Municipal Solid Waste Landfills 12/30/96 2/17/00, 65 FR 8063 10-5.500 Control of Emissions From Volatile Organic Liquid Storage February 29, 2000 May 18, 2000 10-5.510 Control of Emissions of Nitrogen Oxides 2/29/00 5/18/00, 65 FR 31484 10-5.520 Control of Volatile Organic Compound Emissions From Existing Major Sources February 29, 2000 May 18, 2000 10-5.530 Control of Volatile Organic Compound Emissions From Wood Furniture Manufacturing Operations February 29, 2000 May 18, 2000 10-5.540 Control of Emissions From Batch Process Operations February 29, 2000 May 18, 2000 10-5.550 Control of Volatile Organic Compound Emissions From Reactor Processes and Distillation Operations Processes in the Synthetic Organic Chemical Manufacturing Industry February 29, 2000 May 18, 2000 Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri 10-6.010 Ambient Air Quality 4/18/88 7/31/89, 54 FR 31524 The state adopted and submitted a revised ozone standard and a lead standard which EPA never acted on. 10-6.030 Sampling Methods for Air Pollution Sources 10/31/98 4/1/99, 64 FR 15688 10-6.040 Reference 07/30/01 October 15, 2001,
  • 66 FR 52361
    •      10-6.050 Start-up, Shutdown, and Malfunction Conditions 11/1/79 3/22/81, 46 FR 27932 9/27/84, 49 FR 38103 (correction). 10-6.060 Construction Permits Required 11/30/99 03/25/02, 67 FR 13575 Section 9,pertaining to hazardous air pollutants, is not part of the SIP. 10-6.065 Operating Permits 5/30/00 3/23/01, 66 FR 16139 The state rule has sections (4)(A), (4)(B), and (4)(H)-Basic State Operating Permits. EPA has not approved those sections. Section (6), Part 70 Operating Permits, has been approved as an integral part of the operating permit program and has not been approved as part of the SIP. 10-6.110 Submission of Emission Data, Emission Fees, and Process Information 12/30/01 2/21/02, 67 FR 7965 Section (5), Emission Fees, has not been approved as part of the SIP. 10-6.120 Restriction of Emissions of Lead From Specific Lead smelter-Refinery Installations 03/30/01 4/16/02, 67 FR 18501 10-6.130 Controlling Emissions During Episodes of High Air Pollution 4/18/88 7/31/89, 54 FR 31524 10-6.140 Restriction of Emissions Credit for Reduced Pollutant Concentrations from the Use of Dispersion Techniques 5/1/86 3/31/89, 54 FR 13184 10-6.150 Circumvention 8/15/90 4/17/91, 56 FR 15500 10-6.170 Restriction of Particulate Matter to the Ambient Air Beyond the Premises of Origin 8/30/98 3/31/00, 65 FR 17166 10-6.180 Measurement of Emissions of Air Contaminants 11/19/90 7/23/91, 56 FR 33714 10-6.210 Confidential Information 1/27/95 2/29/96, 61 FR 7714 10-6.220 Restriction of Emission of Visible Air Contaminants 11/30/99 10/26/00, 65 FR 64147 10-6.260 Restriction of Emission of Sulfur Compounds 7/31/96 8/27/98, 63 FR 45727 EPA did not approve section (4) of the state rule. 10-6.280 Compliance Monitoring Usage 12/30/94 5/16/01, 66 FR 27032 10-6.300 Conformity of General Federal Actions to State Implementation Plans 8/31/96 5/14/97, 62 FR 26395 10-6.330 Charcoal Kilns 6/30/98 12/8/98, 63 FR 67591 10-6.350 Emissions Limitations and Emissions Trading of Oxides of Nitrogen 8/30/00 12/28/00, 65 FR 82288 10-6.400 Restriction of Emission of Particulate Matter From Industrial Processes 09/30/01 11/30/01 Missouri Department of Public Safety Division 50—State Highway Patrol Chapter 2—Motor Vehicle Inspection 50-2.010 Definitions 4/11/82 8/12/85, 50 FR 32411 50-2.020 Minimum Inspection Station Requirements 10/11/82 8/12/85, 50 FR 32411 50-2.030 Inspection Station Classification 12/11/77 8/12/85, 50 FR 32411 50-2.040 Private Inspection Stations 5/31/74 8/12/85, 50 FR 32411 50-2.050 Inspection Station Permits 11/11/79 8/12/85, 50 FR 32411 50-2.060 Display of Permits, Signs and Poster 11/31/74 8/12/85, 50 FR 32411 50-2.070 Hours of Operation 11/11/83 8/12/85, 50 FR 32411 50-2.080 Licensing of Inspector/Mechanics 4/13/78 8/12/85, 50 FR 32411 50-2.090 Inspection Station Operational Requirements 8/11/78 8/12/85, 50 FR 32411 50-2.100 Requisition of Inspection Stickers and Decals 6/12/80 8/12/85, 50 FR 32411 50-2.110 Issuance of Inspection Stickers and Decals 12/11/77 8/12/85, 50 FR 32411 50-2.120 MVI-2 Form 11/11/83 8/12/85, 50 FR 32411 50-2.130 Violations of Laws or Rules Penalty 5/31/74 8/12/85, 50 FR 32411 50-2.260 Exhaust System 5/31/74