[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2003 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

   

                    40


          Part 52 (Secs. 52.01--52.1018)

                         Revised as of July 1, 2003

Protection of Environment





          Containing a codification of documents of general 
          applicability and future effect
          As of July 1, 2003
          With Ancillaries
          Published by
          Office of the Federal Register
          National Archives and Records Administration

A Special Edition of the Federal Register

[[Page ii]]

                                      




                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003



  For sale by the Superintendent of Documents, U.S. Government Printing 
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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                5
  Finding Aids:
      Material Approved for Incorporation by Reference........     707
      Table of CFR Titles and Chapters........................     715
      Alphabetical List of Agencies Appearing in the CFR......     733
      List of CFR Sections Affected...........................     743

[[Page iv]]


      


                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 52.01 refers 
                       to title 40, part 52, 
                       section 01.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2003), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules (Table I). A list of CFR titles, chapters, 
and parts and an alphabetical list of agencies publishing in the CFR are 
also included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

[[Page vii]]


REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
info@fedreg.nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
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nara (``GPO Access''). For more information, contact Electronic 
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Phone 202-512-1530, or 888-293-6498 (toll-free). E-mail, 
gpoaccess@gpo.gov.
    The Office of the Federal Register also offers a free service on the 
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register. The NARA site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

July 1, 2003.

[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of twenty-nine 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End), 
parts 53-59, part 60 (60.1-End), part 60 (Appendices), parts 61-62, part 
63 (63.1-63.599), part 63 (63.600-1-63.1199), part 63 (63.1200-63.1439), 
part 63 (63.1440-End) parts 64-71, parts 72-80, parts 81-85, part 86 
(86.1-86.599-99) part 86 (86.600-1-End), parts 87-99, parts 100-135, 
parts 136-149, parts 150-189, parts 190-259, parts 260-265, parts 266-
299, parts 300-399, parts 400-424, parts 425-699, parts 700-789, and 
part 790 to End. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of July 1, 2003.

    Chapter I--Environmental Protection Agency appears in all twenty-
nine volumes. An alphabetical Listing of Pesticide Chemicals Index 
appears in parts 150-189. Regulations issued by the Council on 
Environmental Quality appear in the volume containing part 790 to End. 
The OMB control numbers for title 40 appear in  9.1 of this chapter.

[[Page x]]




[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                      (This book contains part 52)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          52

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------

                 SUBCHAPTER C--AIR PROGRAMS--(CONTINUED)
Part                                                                Page
52              Approval and promulgation of implementation 
                    plans...................................           5

[[Page 5]]



                 SUBCHAPTER C--AIR PROGRAMS--(CONTINUED)





PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS--Table of Contents




                      Subpart A--General Provisions

Sec.
52.01  Definitions.
52.02  Introduction.
52.04  Classification of regions.
52.05  Public availability of emission data.
52.06  Legal authority.
52.07  Control strategies.
52.08  Rules and regulations.
52.09  Compliance schedules.
52.10  Review of new sources and modifications.
52.11  Prevention of air pollution emergency episodes.
52.12  Source surveillance.
52.13  Air quality surveillance; resources; intergovernmental 
          cooperation.
52.14  State ambient air quality standards.
52.15  Public availability of plans.
52.16  Submission to Administrator.
52.17  Severability of provisions.
52.18  Abbreviations.
52.20  Attainment dates for national standards.
52.21  Prevention of significant deterioration of air quality.
52.23  Violation and enforcement.
52.24  Statutory restriction on new sources.
52.26  Visibility monitoring strategy.
52.27  Protection of visibility from sources in attainment areas.
52.28  Protection of visibility from sources in nonattainment areas.
52.29  Visibility long-term strategies.
52.30  Criteria for limiting application of sanctions under section 
          110(m) of the Clean Air Act on a statewide basis.
52.31  Selection of sequence of mandatory sanctions for findings made 
          pursuant to section 179 of the Clean Air Act.
52.32  Sanctions following findings of SIP inadequacy.
52.33  Compliance certifications.
52.34  Action on petitions submitted under section 126 relating to 
          emissions of nitrogen oxides.

                           Subpart B--Alabama

52.50  Identification of plan.
52.51  Classification of regions.
52.53  Approval status.
52.56  Review of new sources and modifications.
52.57  Control strategy: Sulfur oxides.
52.58  Control strategy: Lead.
52.60  Significant deterioration of air quality.
52.61  Visibility protection.
52.62  Control strategy: Sulfur oxides and particulate matter.
52.63  PM10 State Implementation Plan development in group II 
          areas.
52.64  [Reserved]
52.65  Control strategy: Nitrogen oxides.
52.66  Control strategy: Ozone.
52.69  Original identification of plan section.

                            Subpart C--Alaska

52.70  Identification of plan.
52.71  Classification of regions.
52.72  Approval status.
52.73  Approval of plans.
52.74  [Reserved]
52.75  Contents of the approved state-submitted implementation plan.
52.76  1990 Base Year Emission Inventory.
52.77--52.81  [Reserved]
52.82  Extensions.
52.83--52.95  [Reserved]
52.96  Significant deterioration of air quality.

                           Subpart D--Arizona

52.111  Toll free number assignment.
52.120  Identification of plan.
52.121  Classification of regions.
52.122  Negative declarations.
52.123  Approval status.
52.124  Part D disapproval.
52.125  Control strategy and regulations: Sulfur oxides.
52.126  Control strategy and regulations: Particulate matter.
52.127  Commitment to promulgate and implement reasonably available 
          control measures for the agricultural fields and aprons.
52.128  Rule for unpaved parking lots, unpaved roads and vacant lots.
52.129  Review of new sources and modifications.
52.130  Source surveillance.
52.131--52.132  [Reserved]
52.133  Rules and regulations.
52.134  Compliance schedules.
52.135  Resources.
52.136  Control strategy for ozone: Oxides of nitrogen.
52.137  [Reserved]
52.138  Conformity procedures.
52.139  [Reserved]
52.140  Monitoring transportation trends.
52.141  [Reserved]
52.142  Federal Implementation Plan for Tri-Cities landfill, Salt River 
          Pima-Maricopa Indian Community.
52.143  [Reserved]
52.144  Significant deterioration of air quality.

[[Page 6]]

52.145  Visibility protection.
52.146  Particulate matter (PM-10) Group II SIP commitments.
52.150  Yavapai-Apache Reservation.

                           Subpart E--Arkansas

52.170  Identification of plan.
52.171  Classification of regions.
52.172  Approval status.
52.173-52.180  [Reserved]
52.181  Significant deterioration of air quality.
52.183  Small business assistance program.
52.200  Original identification of plan section.

                          Subpart F--California

52.219  Identification of plan--conditional approval.
52.220  Identification of plan.
52.221  Classifications of regions.
52.222  Negative declarations.
52.223  Approval status.
52.224  General requirements.
52.225  Legal authority.
52.226  Control strategy and regulations: Particulate matter, San 
          Joaquin Valley and Mountain Counties Intrastate Regions.
52.227  Control strategy and regulations: Particulate matter, 
          Metropolitan Los Angeles Intrastate Region.
52.228  Regulations: Particulate matter, Southeast Desert Intrastate 
          Region.
52.229  Control strategy and regulations: Photochemical oxidants 
          (hydrocarbons), Metropolitan Los Angeles Intrastate Region.
52.230  Control strategy and regulations: Nitrogen dioxide.
52.231  Regulations: Sulfur oxides.
52.232  Part D conditional approval.
52.233  Review of new sources and modifications.
52.234  Source surveillance.
52.235  Control strategy for ozone: Oxides of nitrogen.
52.236  Rules and regulations.
52.237  Part D disapproval.
52.238  Commitment to undertake rulemaking.
52.239  Alternate compliance plans.
52.240  Compliance schedules.
52.241  Interim approval of enhanced inspection and maintenance program.
52.242  Disapproved rules and regulations.
52.243  Interim approval of the Carbon Monoxide plan for the South 
          Coast.
52.244  Motor vehicle emissions budgets.
52.245  [Reserved]
52.246  Control of dry cleaning solvent vapor losses.
52.247-52.251  [Reserved]
52.252  Control of degreasing operations.
52.253  Metal surface coating thinner and reducer.
52.254  Organic solvent usage.
52.255  Gasoline transfer vapor control.
52.256  Control of evaporative losses from the filling of vehicular 
          tanks.
52.257-52.262  [Reserved]
52.263  Priority treatment for buses and carpools--Los Angeles Region.
52.264-52.268  [Reserved]
52.269  Control strategy and regulations: Photochemical oxidants 
          (hydrocarbons) and carbon monoxide.
52.270  Significant deterioration of air quality.
52.271  Malfunction, startup, and shutdown regulations.
52.272  Research operations exemptions.
52.273  Open burning.
52.274  California air pollution emergency plan.
52.275  Particulate matter control.
52.276  Sulfur content of fuels.
52.277  Oxides of nitrogen, combustion gas concentration limitations.
52.278  Oxides of nitrogen control.
52.279  Food processing facilities.
52.280  Fuel burning equipment.
52.281  Visibility protection.

                           Subpart G--Colorado

52.320  Identification of plan.
52.321  Classification of regions.
52.322  Extensions.
52.323  Approval status.
52.324  Legal authority.
52.325  [Reserved]
52.326  Area-wide nitrogen oxides (NOX) exemptions.
52.327-52.328  [Reserved]
52.329  Rules and regulations.
52.330  Control strategy: Total suspended particulates.
52.331  Committal SIP for the Colorado Group II PM10 areas.
52.332  Control strategy: Particulate matter.
52.333-52.342  [Reserved]
52.343  Significant deterioration of air quality.
52.344  Visibility protection.
52.345  Stack height regulations.
52.346  Air quality monitoring requirements.
52.347  [Reserved]
52.348  Emission inventories.
52.349  Control strategy: Carbon monoxide.
52.350  Control strategy: Ozone.
52.351  United States Postal Service substitute Clean Fuel Fleet 
          Program.

                         Subpart H--Connecticut

52.369  [Reserved]
52.370  Identification of plan.
52.371  Classification of regions.
52.372  Extensions.
52.373  Approval status.
52.374  Attainment dates for national standards.

[[Page 7]]

52.375  Certification of no sources.
52.376  Control strategy: Carbon monoxide.
52.377  Control strategy: Ozone.
52.378-52.379  [Reserved]
52.380  Rules and regulations.
52.381  Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.382  Significant deterioration of air quality.
52.383  Stack height review.
52.384  Emission inventories.
52.385  EPA-approved Connecticut regulations.

                           Subpart I--Delaware

52.420  Identification of plan.
52.421  Classification of regions.
52.422  Approval status.
52.423  1990 Base Year Emission Inventory.
52.424  Conditional approval.
52.425  [Reserved]
52.426  Control Strategy plans for attainment and rate-of-progress: 
          ozone.
52.427-52.429  [Reserved]
52.430  Photochemical assessment monitoring stations (PAMS) program.
52.431  [Reserved]
52.432  Significant deterioration of air quality.
52.433  Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.460  Small business stationary source technical and environmental 
          compliance assistance program.
52.465  Original identification of plan section.

                     Subpart J--District of Columbia

52.470  Identification of plan.
52.471  Classification of regions.
52.472  Approval status.
52.473  Conditional approval.
52.474  1990 Base Year Emission Inventory.
52.475  Extensions.
52.476  Control strategy: ozone.
52.477  [Reserved]
52.478  Rules and Regulations.
52.479  Source surveillance.
52.480  Photochemical assessment monitoring stations (PAMS) program.
52.481-52.497  [Reserved]
52.498  Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.499  Significant deterioration of air quality.
52.510  Small business assistance program.
52.515  Original identification of plan section.

                           Subpart K--Florida

52.520  Identification of plan.
52.521  Classification of regions.
52.522  Approval status.
52.523  [Reserved]
52.524  Compliance schedules.
52.525  General requirements.
52.526  Legal authority.
52.527  Control strategy: General.
52.528  Control strategy: Sulfur oxides and particulate matter.
52.529  [Reserved]
52.530  Significant deterioration of air quality.
52.532  Extensions.
52.533  Source surveillance.
52.534  Visibility protection.
52.536  Original identification of plan section.

                           Subpart L--Georgia

52.569  [Reserved]
52.570  Identification of plan.
52.571  Classification of regions.
52.572  Approval status.
52.573  Control strategy: General.
52.574-52.575  [Reserved]
52.576  Compliance schedules.
52.577  [Reserved]
52.578  Control strategy: Sulfur oxides and particulate matter.
52.579  Economic feasibility considerations.
52.580  [Reserved]
52.581  Significant deterioration of air quality.
52.582  Control strategy: Ozone.
52.583  Additional rules and regulations.
52.590  Original Identification of plan section.

                            Subpart M--Hawaii

52.620  Identification of plan.
52.621  Classification of regions.
52.622  [Reserved]
52.623  Approval status.
52.624  General requirements.
52.625  Legal authority.
52.626  Compliance schedules.
52.627-52.631  [Reserved]
52.632  Significant deterioration of air quality.
52.633  Visibility protection.
52.634  Particulate matter (PM-10) Group III SIP.

                            Subpart N--Idaho

52.670  Identification of plan.
52.671  Classification of regions.
52.672  Approval of plans.
52.673  Approval status.
52.674  [Reserved]
52.675  Control strategy: Sulfur oxides--Eastern Idaho Intrastate Air 
          Quality Control Region.
52.676  Control strategy: Particulate matter.
52.677-52.678  [Reserved]
52.679  Contents of Idaho State implementation plan.

[[Page 8]]

52.680  [Reserved]
52.681  Permits to construct and tier II operating permits.
52.682  [Reserved]
52.683  Significant deterioration of air quality.
52.684-52.689  [Reserved]
52.690  Visibility protection.
52.691  Extensions.

                           Subpart O--Illinois

52.719  [Reserved]
52.720  Identification of plan.
52.721  Classification of regions.
52.722  Approval status.
52.723  [Reserved]
52.724  Control strategy: Sulfur dioxide.
52.725  Control strategy: Particulates.
52.726  Control strategy: Ozone.
52.727  [Reserved]
52.728  Control strategy: Nitrogen dioxide. [Reserved]
52.729  Control strategy: Carbon monoxide.
52.730  Compliance schedules.
52.731-52.735  [Reserved]
52.736  Review of new sources and modifications.
52.737  Operating permits.
52.738  Significant deterioration of air quality.
52.739  Permit fees.
52.740  Interstate pollution.
52.741  Control strategy: Ozone control measures for Cook, DuPage, Kane, 
          Lake, McHenry and Will Counties.
52.742  Incorporation by reference.
52.743  Continuous monitoring.
52.744  Small business stationary source technical and environmental 
          compliance assistance program.

                           Subpart P--Indiana

52.769  Identification of plan--conditional approval.
52.770  Identification of plan.
52.771  Classification of regions.
52.772  [Reserved]
52.773  Approval status.
52.774  [Reserved]
52.775  Legal authority.
52.776  Control strategy: Particulate matter.
52.777  Control strategy: Photochemical oxidants (hydrocarbons).
52.778  Compliance schedules.
52.779  [Reserved]
52.780  Review of new sources and modifications.
52.781  Rules and regulations.
52.782  Request for 18-month extension.
52.783  [Reserved]
52.784  Transportation and land use controls.
52.785  Control strategy: Carbon monoxide.
52.786  Inspection and maintenance program.
52.787  Gasoline transfer vapor control.
52.788  Operating permits.
52.789-52.792  [Reserved]
52.793  Significant deterioration of air quality.
52.794  Source surveillance.
52.795  Control strategy: Sulfur dioxide.
52.796  Industrial continuous emission monitoring.
52.797  Control strategy: Lead.
52.798  Small business stationary source technical and environmental 
          compliance assistance program.

                             Subpart Q--Iowa

52.820  Identification of plan.
52.821  Classification of regions.
52.822  Approval status.
52.823  PM10 State Implementation Plan Development in Group 
          II Areas.
52.824  Original identification of plan section.
52.825  Compliance schedules.
52.826--52.827  [Reserved]
52.828  Enforcement.
52.829-52.832  [Reserved]
52.833  Significant deterioration of air quality.
52.834  Control strategy: Sulfur dioxide.

                            Subpart R--Kansas

52.869  [Reserved]
52.870  Identification of plan.
52.871  Classification of regions.
52.872  Operating permits.
52.873  Approval status.
52.874  Legal authority.
52.875  Original identification of plan section.
52.876  Compliance schedules.
52.877-52.880  [Reserved]
52.881  PM10 State implementation plan development in group 
          II areas.
52.882-52.883  [Reserved]
52.884  Significant deterioration of air quality.

                           Subpart S--Kentucky

52.919   Identification of plan-conditional approval.
52.920  Identification of plan.
52.921  Classification of regions.
52.922  [Reserved]
52.923  Approval status.
52.924  Legal authority.
52.925  General requirements.
52.926  Attainment dates for national standards.
52.927  Compliance schedules.
52.928  Control strategy: Sulphur oxides.
52.929  [Reserved]
52.930  Control strategy: Ozone.
52.931  Significant deterioration of air quality.
52.932  Rules and regulations.
52.933  Control strategy: Sulfur oxides and particulate matter.

[[Page 9]]

52.934  VOC rule deficiency correction.
52.935  PM10 State implementation plan development in group 
          II areas.
52.936  Visibility protection.
52.937  Review of new sources and modifications.
52.938  General conformity.
52.939  Original identification of plan section.

                          Subpart T--Louisiana

52.970  Identification of plan.
52.971  Classification of regions.
52.972-52.974  [Reserved]
52.975  Redesignations and maintenance plans; ozone.
52.976  Review of new sources and modification.
52.977-52.985  [Reserved]
52.986  Significant deterioration of air quality.
52.987  Control of hydrocarbon emissions.
52.988  [Reserved]
52.990  Stack height regulations
52.991  Small business assistance program.
52.992  Area-wide nitrogen oxides exemptions.
52.993  Emissions inventories.
52.994  [Reserved]
52.995  Enhanced ambient air quality monitoring.
52.996  Disapprovals.
52.999  Original Identification of plan section.

    Authority: 42 U.S.C. 7401 et seq.



                      Subpart A--General Provisions

    Source: 37 FR 10846, May 31, 1972, unless otherwise noted.



Sec. 52.01  Definitions.

    All terms used in this part but not defined herein shall have the 
meaning given them in the Clean Air Act and in parts 51 and 60 of this 
chapter.
    (a) The term stationary source means any building, structure, 
facility, or installation which emits or may emit an air pollutant for 
which a national standard is in effect.
    (b) The term commenced means that an owner or operator has 
undertaken a continuous program of construction or modification.
    (c) The term construction means fabrication, erection, or 
installation.
    (d) The phrases modification or modified source mean any physical 
change in, or change in the method of operation of, a stationary source 
which increases the emission rate of any pollutant for which a national 
standard has been promulgated under part 50 of this chapter or which 
results in the emission of any such pollutant not previously emitted, 
except that:
    (1) Routine maintenance, repair, and replacement shall not be 
considered a physical change, and
    (2) The following shall not be considered a change in the method of 
operation:
    (i) An increase in the production rate, if such increase does not 
exceed the operating design capacity of the source;
    (ii) An increase in the hours of operation;
    (iii) Use of an alternative fuel or raw material, if prior to the 
effective date of a paragraph in this part which imposes conditions on 
or limits modifications, the source is designed to accommodate such 
alternative use.
    (e) The term startup means the setting in operation of a source for 
any purpose.
    (f) [Reserved]
    (g) The term heat input means the total gross calorific value (where 
gross calorific value is measured by ASTM Method D2015-66, D240-64, or 
D1826-64) of all fuels burned.
    (h) The term total rated capacity means the sum of the rated 
capacities of all fuel-burning equipment connected to a common stack. 
The rated capacity shall be the maximum guaranteed by the equipment 
manufacturer or the maximum normally achieved during use, whichever is 
greater.

[37 FR 19807, Sept. 22, 1972, as amended at 38 FR 12698, May 14, 1973; 
39 FR 42514, Dec. 5, 1974; 43 FR 26410, June 19, 1978]



Sec. 52.02  Introduction.

    (a) This part sets forth the Administrator's approval and 
disapproval of State plans and the Administrator's promulgation of such 
plans or portions thereof. Approval of a plan or any portion thereof is 
based upon a determination by the Administrator that such plan or 
portion meets the requirements of section 110 of the Act and the 
provisions of part 51 of this chapter.
    (b) Any plan or portion thereof promulgated by the Administrator 
substitutes for a State plan or portion

[[Page 10]]

thereof disapproved by the Administrator or not submitted by a State, or 
supplements a State plan or portion thereof. The promulgated provisions, 
together with any portions of a State plan approved by the 
Administrator, constitute the applicable plan for purposes of the Act.
    (c) Where nonregulatory provisions of a plan are disapproved, the 
disapproval is noted in this part and a detailed evaluation is provided 
to the State, but no substitute provisions are promulgated by the 
Administrator.
    (d) All approved plans and plan revisions listed in subparts B 
through DDD of this part and on file at the Office of the Federal 
Register are 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. Notice of amendments to the plans will be published in the Federal 
Register. The plans and plan revisions are available for inspection at 
the Office of the Federal Register, 800 North Capitol Street, N.W., 
suite 700, Washington, D.C. In addition the plans and plan revisions are 
available at the following locations:
    (1) Office of Air and Radiation, Docket and Information Center (Air 
Docket), EPA, 401 M St., SW., Room M1500, Washington, DC 20460.
    (2) The appropriate EPA Regional Office as listed below:
    (i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 
and Vermont. Environmental Protection Agency, Region 1, John F. Kennedy 
Federal Building, One Congress Street, Boston, MA 02203.
    (ii) New York, New Jersey, Puerto Rico, and Virgin Islands. 
Environmental Protection Agency, Region 2, 290 Broadway, New York, NY 
10007-1866.
    (iii) Delaware, District of Columbia, Pennsylvania, Maryland, 
Virginia, and West Virginia. Environmental Protection Agency, Region 3, 
841 Chestnut Building, Philadelphia, PA 19107.
    (iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, and Tennessee Environmental Protection Agency, 
Region 4, 345 Courtland Street, N.E., Atlanta, GA 30365.
    (v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, IL 60604-3507.
    (vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. 
Environmental Protection Agency, Region 6, Fountain Place, 1445 Ross 
Avenue, Suite 1200, Dallas TX 75202-2733.
    (vii) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection 
Agency, Region 7, 726 Minnesota Avenue, Kansas City, KS 66101.
    (viii) Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. Environmental Protection Agency, Region 8, 999 18th Street, 
Suite 500, Denver, CO 80202-2466.
    (ix) Arizona, California, Hawaii, Nevada, American Samoa, and Guam. 
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San 
Francisco, CA 94105.
    (x) Alaska, Idaho, Oregon, and Washington. Environmental Protection 
Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.
    (e) Each State's plan is dealt with in a separate subpart, which 
includes an introductory section identifying the plan by name and the 
date of its submittal, a section classifying regions, and a section 
setting forth dates for attainment of the national standards. Additional 
sections are included as necessary to specifically identify disapproved 
provisions, to set forth reasons for disapproval, and to set forth 
provisions of the plan promulgated by the Administrator. Except as 
otherwise specified, all supplemental information submitted to the 
Administrator with respect to any plan has been submitted by the 
Governor of the State.
    (f) Revisions to applicable plans will be included in this part when 
approved or promulgated by the Administrator.

[37 FR 10846, May 31, 1972, as amended at 37 FR 15080, July 27, 1972; 47 
FR 38886, Sept. 3, 1982; 61 FR 16060, Apr. 11, 1996]



Sec. 52.04  Classification of regions.

    Each subpart sets forth the priority classification, by pollutant, 
for each region in the State. Each plan for each region was evaluated 
according to the requirements of part 51 of this chapter applicable to 
regions of that priority.

[[Page 11]]



Sec. 52.05  Public availability of emission data.

    Each subpart sets forth the Administrator's disapproval of plan 
procedures for making emission data available to the public after 
correlation with applicable emission limitations, and includes the 
promulgation of requirements that sources report emission data to the 
Administrator for correlation and public disclosure.



Sec. 52.06  Legal authority.

    (a) The Administrator's determination of the absence or inadequacy 
of legal authority required to be included in the plan is set forth in 
each subpart. This includes the legal authority of local agencies and 
State governmental agencies other than an air pollution control agency 
if such other agencies are assigned responsibility for carrying out a 
plan or portion thereof.
    (b) No legal authority as such is promulgated by the Administrator. 
Where required regulatory provisions are not included in the plan by the 
State because of inadequate legal authority, substitute provisions are 
promulgated by the Administrator.

[37 FR 10846, May 31, 1972, as amended at 60 FR 33922, June 29, 1995]



Sec. 52.07  Control strategies.

    (a) Each subpart specifies in what respects the control strategies 
are approved or disapproved. Where emission limitations with a future 
effective date are employed to carry out a control strategy, approval of 
the control strategy and the implementing regulations does not supersede 
the requirements of subpart N of this chapter relating to compliance 
schedules for individual sources or categories of sources. Compliance 
schedules for individual sources or categories of sources must require 
such sources to comply with applicable requirements of the plan as 
expeditiously as practicable, where the requirement is part of a control 
strategy designed to attain a primary standard, or within a reasonable 
time, where the requirement is part of a control strategy designed to 
attain a secondary standard. All sources must be required to comply with 
applicable requirements of the plan no later than the date specified in 
this part for attainment of the national standard which the requirement 
is intended to implement.
    (b) A control strategy may be disapproved as inadequate because it 
is not sufficiently comprehensive, although all regulations provided to 
carry out the strategy may themselves be approved. In this case, 
regulations for carrying out necessary additional measures are 
promulgated in the subpart.
    (c) Where a control strategy is adequate to attain and maintain a 
national standard but one or more of the regulations to carry it out is 
not adopted or not enforceable by the State, the control strategy is 
approved and the necessary regulations are promulgated by the 
Administrator.
    (d) Where a control strategy is adequate to attain and maintain air 
quality better than that provided for by a national standard but one or 
more of the regulations to carry it out is not adopted or not 
enforceable by the State, the control strategy is approved and 
substitute regulations necessary to attain and maintain the national 
standard are promulgated.

[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.08  Rules and regulations.

    Each subpart identifies the regulations, including emission 
limitations, which are disapproved by the Administrator, and includes 
the regulations which the Administrator promulgates.



Sec. 52.09  Compliance schedules.

    (a) In each subpart, compliance schedules disapproved by the 
Administrator are identified, and compliance schedules promulgated by 
the Administrator are set forth.
    (b) Individual source compliance schedules submitted with certain 
plans have not yet been evaluated, and are not approved or disapproved.
    (c) The Administrator's approval or promulgation of any compliance 
schedule shall not affect the responsibility of the owner or operator to 
comply with any applicable emission limitation on and after the date for 
final

[[Page 12]]

compliance specified in the applicable schedule.

[37 FR 10846, May 31, 1972, as amended at 38 FR 30877, Nov. 8, 1973]



Sec. 52.10  Review of new sources and modifications.

    In any plan where the review procedure for new sources and source 
modifications does not meet the requirements of subpart I of this 
chapter, provisions are promulgated which enable the Administrator to 
obtain the necessary information and to prevent construction or 
modification.

[37 FR 10846, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.11  Prevention of air pollution emergency episodes.

    (a) Each subpart identifies portions of the air pollution emergency 
episode contingency plan which are disapproved, and sets forth the 
Administrator's promulgation of substitute provisions.
    (b) No provisions are promulgated to replace any disapproved air 
quality monitoring or communications portions of a contingency plan, but 
detailed critiques of such portions are provided to the State.
    (c) Where a State plan does not provide for public announcement 
regarding air pollution emergency episodes or where the State fails to 
give any such public announcement, the Administrator will issue a public 
announcement that an episode stage has been reached. When making such an 
announcement, the Administrator will be guided by the suggested episode 
criteria and emission control actions suggested in Appendix L of part 51 
of this chapter or those in the approved plan.

[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972]



Sec. 52.12  Source surveillance.

    (a) Each subpart identifies the plan provisions for source 
surveillance which are disapproved, and sets forth the Administrator's 
promulgation of necessary provisions for requiring sources to maintain 
records, make reports, and submit information.
    (b) No provisions are promulgated for any disapproved State or local 
agency procedures for testing, inspection, investigation, or detection, 
but detailed critiques of such portions are provided to the State.
    (c) For purposes of Federal enforcement, the following test 
procedures and methods shall be used, provided that for the purpose of 
establishing whether or not a person has violated or is in violation of 
any provision of the plan, nothing in this part shall preclude the use, 
including the exclusive use, of any credible evidence or information, 
relevant to whether a source would have been in compliance with 
applicable requirements if the appropriate performance or compliance 
test procedures or methods had been performed:
    (1) Sources subject to plan provisions which do not specify a test 
procedure and sources subject to provisions promulgated by the 
Administrator will be tested by means of the appropriate procedures and 
methods prescribed in part 60 of this chapter unless otherwise specified 
in this part.
    (2) Sources subject to approved provisions of a plan wherein a test 
procedure is specified will be tested by the specified procedure.

[37 FR 10846, May 31, 1972, as amended at 40 FR 26032, June 20, 1975; 62 
FR 8328, Feb. 24, 1997]



Sec. 52.13  Air quality surveillance; resources; intergovernmental cooperation.

    Disapproved portions of the plan related to the air quality 
surveillance system, resources, and intergovernmental cooperation are 
identified in each subpart, and detailed critiques of such portions are 
provided to the State. No provisions are promulgated by the 
Administrator.



Sec. 52.14  State ambient air quality standards.

    Any ambient air quality standard submitted with a plan which is less 
stringent than a national standard is not considered part of the plan.



Sec. 52.15  Public availability of plans.

    Each State shall make available for public inspection at least one 
copy of

[[Page 13]]

the plan in at least one city in each region to which such plan is 
applicable. All such copies shall be kept current.



Sec. 52.16  Submission to Administrator.

    (a) All requests, reports, applications, submittals, and other 
communications to the Administrator pursuant to this part shall be 
submitted in duplicate and addressed to the appropriate Regional Office 
of the Environmental Protection Agency.
    (b) The Regional Offices are as follows:
    (1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, 
and Vermont. EPA Region 1, John F. Kennedy Federal Building, One 
Congress Street, Boston, MA 02203.
    (2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA 
Region 2, 290 Broadway, New York, NY 10007-1866.
    (3) Delaware, District of Columbia, Pennsylvania, Maryland, 
Virginia, and West Virginia. EPA Region 3, 841 Chestnut Building, 
Philadelphia, PA 19107.
    (4) Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, and Tennessee. EPA Region 4, 345 Courtland 
Street, N.E., Atlanta, GA 30365.
    (5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA 
Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.
    (6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. EPA Region 
6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733.
    (7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 726 
Minnesota Avenue, Kansas City, KS 66101.
    (8) Colorado, Montana, North Dakota, South Dakota, Utah, and 
Wyoming. EPA Region 8, 999 18th Street, Suite 500, Denver, CO 80202-
2466.
    (9) Arizona, California, Hawaii, Nevada, American Samoa, and Guam. 
EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
    (10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th 
Avenue, Seattle, WA 98101.

[61 FR 16061, Apr. 11, 1996]



Sec. 52.17  Severability of provisions.

    The provisions promulgated in this part and the various applications 
thereof are distinct and severable. If any provision of this part or the 
application thereof to any person or circumstances is held invalid, such 
invalidity shall not affect other provisions or application of such 
provision to other persons or circumstances which can be given effect 
without the invalid provision or application.

[37 FR 19808, Sept. 22, 1972]



Sec. 52.18  Abbreviations.

    Abbreviations used in this part shall be those set forth in part 60 
of this chapter.

[38 FR 12698, May 14, 1973]



Sec. 52.20  Attainment dates for national standards.

    Each subpart contains a section which specifies the latest dates by 
which national standards are to be attained in each region in the State. 
An attainment date which only refers to a month and a year (such as July 
1975) shall be construed to mean the last day of the month in question. 
However, the specification of attainment dates for national standards 
does not relieve any State from the provisions of subpart N of this 
chapter which require all sources and categories of sources to comply 
with applicable requirements of the plan--
    (a) As expeditiously as practicable where the requirement is part of 
a control strategy designed to attain a primary standard, and
    (b) Within a reasonable time where the requirement is part of a 
control strategy designed to attain a secondary standard.

[37 FR 19808, Sept. 22, 1972, as amended at 39 FR 34535, Sept. 26, 1974; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.21  Prevention of significant deterioration of air quality.

    (a)(1) Plan disapproval. The provisions of this section are 
applicable to any State implementation plan which has been disapproved 
with respect to prevention of significant deterioration of air quality 
in any portion of any State where the existing air quality is better

[[Page 14]]

than the national ambient air quality standards. Specific disapprovals 
are listed where applicable, in subparts B through DDD of this part. The 
provisions of this section have been incorporated by reference into the 
applicable implementation plans for various States, as provided in 
subparts B through DDD of this part. Where this section is so 
incorporated, the provisions shall also be applicable to all lands owned 
by the Federal Goverment and Indian Reservations located in such State. 
No disapproval with respect to a State's failure to prevent significant 
deterioration of air quality shall invalidate or otherwise affect the 
obligations of States, emission sources, or other persons with respect 
to all portions of plans approved or promulgated under this part.
    (2) Applicability procedures. (i) The requirements of this section 
apply to the construction of any new major stationary source (as defined 
in paragraph (b)(1) of this section) or any project at an existing major 
stationary source in an area designated as attainment or unclassifiable 
under sections 107(d)(1)(A)(ii) or (iii) of the Act.
    (ii) The requirements of paragraphs (j) through (r) of this section 
apply to the construction of any new major stationary source or the 
major modification of any existing major stationary source, except as 
this section otherwise provides.
    (iii) No new major stationary source or major modification to which 
the requirements of paragraphs (j) through (r)(5) of this section apply 
shall begin actual construction without a permit that states that the 
major stationary source or major modification will meet those 
requirements. The Administrator has authority to issue any such permit.
    (iv) The requirements of the program will be applied in accordance 
with the principles set out in paragraphs (a)(2)(iv)(a) through (f) of 
this section.
    (a) Except as otherwise provided in paragraphs (a)(2)(v) and (vi) of 
this section, and consistent with the definition of major modification 
contained in paragraph (b)(2) of this section, a project is a major 
modification for a regulated NSR pollutant if it causes two types of 
emissions increases--a significant emissions increase (as defined in 
paragraph (b)(40) of this section), and a significant net emissions 
increase (as defined in paragraphs (b)(3) and (b)(23) of this section). 
The project is not a major modification if it does not cause a 
significant emissions increase. If the project causes a significant 
emissions increase, then the project is a major modification only if it 
also results in a significant net emissions increase.
    (b) The procedure for calculating (before beginning actual 
construction) whether a significant emissions increase (i.e., the first 
step of the process) will occur depends upon the type of emissions units 
being modified, according to paragraphs (a)(2)(iv)(c) through (f) of 
this section. The procedure for calculating (before beginning actual 
construction) whether a significant net emissions increase will occur at 
the major stationary source (i.e., the second step of the process) is 
contained in the definition in paragraph (b)(3) of this section. 
Regardless of any such preconstruction projections, a major modification 
results if the project causes a significant emissions increase and a 
significant net emissions increase.
    (c) Actual-to-projected-actual applicability test for projects that 
only involve existing emissions units. A significant emissions increase 
of a regulated NSR pollutant is projected to occur if the sum of the 
difference between the projected actual emissions (as defined in 
paragraph (b)(41) of this section) and the baseline actual emissions (as 
defined in paragraphs (b)(48)(i) and (ii) of this section), for each 
existing emissions unit, equals or exceeds the significant amount for 
that pollutant (as defined in paragraph (b)(23) of this section).
    (d) Actual-to-potential test for projects that only involve 
construction of a new emissions unit(s). A significant emissions 
increase of a regulated NSR pollutant is projected to occur if the sum 
of the difference between the potential to emit (as defined in paragraph 
(b)(4) of this section) from each new emissions unit following 
completion of the project and the baseline actual emissions (as defined 
in paragraph (b)(48)(iii) of this section) of these units before the 
project equals or exceeds the

[[Page 15]]

significant amount for that pollutant (as defined in paragraph (b)(23) 
of this section).
    (e) Emission test for projects that involve Clean Units. For a 
project that will be constructed and operated at a Clean Unit without 
causing the emissions unit to lose its Clean Unit designation, no 
emissions increase is deemed to occur.
    (f) Hybrid test for projects that involve multiple types of 
emissions units. A significant emissions increase of a regulated NSR 
pollutant is projected to occur if the sum of the emissions increases 
for each emissions unit, using the method specified in paragraphs 
(a)(2)(iv)(c) through (e) of this section as applicable with respect to 
each emissions unit, for each type of emissions unit equals or exceeds 
the significant amount for that pollutant (as defined in paragraph 
(b)(23) of this section). For example, if a project involves both an 
existing emissions unit and a Clean Unit, the projected increase is 
determined by summing the values determined using the method specified 
in paragraph (a)(2)(iv)(c) of this section for the existing unit and 
using the method specified in paragraph (a)(2)(iv)(e) of this section 
for the Clean Unit.
    (v) For any major stationary source for a PAL for a regulated NSR 
pollutant, the major stationary source shall comply with the 
requirements under paragraph (aa) of this section.
    (vi) An owner or operator undertaking a PCP (as defined in paragraph 
(b)(32) of this section) shall comply with the requirements under 
paragraph (z) of this section.
    (b) Definitions. For the purposes of this section:
    (1)(i) Major stationary source means:
    (a) Any of the following stationary sources of air pollutants which 
emits, or has the potential to emit, 100 tons per year or more of any 
regulated NSR pollutant: Fossil fuel-fired steam electric plants of more 
than 250 million British thermal units per hour heat input, coal 
cleaning plants (with thermal dryers), kraft pulp mills, portland cement 
plants, primary zinc smelters, iron and steel mill plants, primary 
aluminum ore reduction plants, primary copper smelters, municipal 
incinerators capable of charging more than 250 tons of refuse per day, 
hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, 
lime plants, phosphate rock processing plants, coke oven batteries, 
sulfur recovery plants, carbon black plants (furnace process), primary 
lead smelters, fuel conversion plants, sintering plants, secondary metal 
production plants, chemical process plants, fossil fuel boilers (or 
combinations thereof) totaling more than 250 million British thermal 
units per hour heat input, petroleum storage and transfer units with a 
total storage capacity exceeding 300,000 barrels, taconite ore 
processing plants, glass fiber processing plants, and charcoal 
production plants;
    (b) Notwithstanding the stationary source size specified in 
paragraph (b)(1)(i) of this section, any stationary source which emits, 
or has the potential to emit, 250 tons per year or more of a regulated 
NSR pollutant; or
    (c) Any physical change that would occur at a stationary source not 
otherwise qualifying under paragraph (b)(1) of this section, as a major 
stationary source, if the changes would constitute a major stationary 
source by itself.
    (ii) A major stationary source that is major for volatile organic 
compounds shall be considered major for ozone.
    (iii) The fugitive emissions of a stationary source shall not be 
included in determining for any of the purposes of this section whether 
it is a major stationary source, unless the source belongs to one of the 
following categories of stationary sources:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;

[[Page 16]]

    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more that 250 million 
British thermal units per hour heat input, and
    (aa) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act.
    (2)(i) Major modification means any physical change in or change in 
the method of operation of a major stationary source that would result 
in: a significant emissions increase (as defined in paragraph (b)(40) of 
this section) of a regulated NSR pollutant (as defined in paragraph 
(b)(50) of this section); and a significant net emissions increase of 
that pollutant from the major stationary source.
    (ii) Any significant emissions increase (as defined in paragraph 
(b)(40) of this section) from any emissions units or net emissions 
increase (as defined in paragraph (b)(3) of this section) at a major 
stationary source that is significant for volatile organic compounds 
shall be considered significant for ozone.
    (iii) A physical change or change in the method of operation shall 
not include:
    (a) Routine maintenance, repair and replacement;
    (b) Use of an alternative fuel or raw material by reason of an order 
under sections 2 (a) and (b) of the Energy Supply and Environmental 
Coordination Act of 1974 (or any superseding legislation) or by reason 
of a natural gas curtailment plant pursuant to the Federal Power Act;
    (c) Use of an alternative fuel by reason of an order or rule under 
section 125 of the Act;
    (d) Use of an alternative fuel at a steam generating unit to the 
extent that the fuel is generated from municipal solid waste;
    (e) Use of an alternative fuel or raw material by a stationary 
source which:
    (1) The source was capable of accommodating before January 6, 1975, 
unless such change would be prohibited under any federally enforceable 
permit condition which was established after January 6, 1975 pursuant to 
40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I 
or 40 CFR 51.166; or
    (2) The source is approved to use under any permit issued under 40 
CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;
    (f) An increase in the hours of operation or in the production rate, 
unless such change would be prohibited under any federally enforceable 
permit condition which was established after January 6, 1975, pursuant 
to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart 
I or 40 CFR 51.166.
    (g) Any change in ownership at a stationary source.
    (h) The addition, replacement, or use of a PCP, as defined in 
paragraph (b)(32) of this section, at an existing emissions unit meeting 
the requirements of paragraph (z) of this section. A replacement control 
technology must provide more effective emission control than that of the 
replaced control technology to qualify for this exclusion.
    (1) When the Administrator has reason to believe that the pollution 
control project would result in a significant net increase in 
representative actual annual emissions of any criteria pollutant over 
levels used for that source in the most recent air quality impact 
analysis in the area conducted for the purpose of title I, if any, and
    (2) The Administrator determines that the increase will cause or 
contribute to a violation of any national ambient air quality standard 
or PSD increment, or visibility limitation.
    (i) The installation, operation, cessation, or removal of a 
temporary clean coal technology demonstration

[[Page 17]]

project, provided that the project complies with:
    (1) The State implementation plan for the State in which the project 
is located, and
    (2) Other requirements necessary to attain and maintain the national 
ambient air quality standards during the project and after it is 
terminated.
    (j) The installation or operation of a permanent clean coal 
technology demonstration project that constitutes repowering, provided 
that the project does not result in an increase in the potential to emit 
of any regulated pollutant emitted by the unit. This exemption shall 
apply on a pollutant-by-pollutant basis.
    (k) The reactivation of a very clean coal-fired electric utility 
steam generating unit.
    (iv) This definition shall not apply with respect to a particular 
regulated NSR pollutant when the major stationary source is complying 
with the requirements under paragraph (aa) of this section for a PAL for 
that pollutant. Instead, the definition at paragraph (aa)(2)(viii) of 
this section shall apply.
    (3)(i) Net emissions increase means, with respect to any regulated 
NSR pollutant emitted by a major stationary source, the amount by which 
the sum of the following exceeds zero:
    (a) The increase in emissions from a particular physical change or 
change in the method of operation at a stationary source as calculated 
pursuant to paragraph (a)(2)(iv) of this section; and
    (b) Any other increases and decreases in actual emissions at the 
major stationary source that are contemporaneous with the particular 
change and are otherwise creditable. Baseline actual emissions for 
calculating increases and decreases under this paragraph (b)(3)(i)(b) 
shall be determined as provided in paragraph (b)(48) of this section, 
except that paragraphs (b)(48)(i)(c) and (b)(48)(ii)(d) of this section 
shall not apply.
    (ii) An increase or decrease in actual emissions is contemporaneous 
with the increase from the particular change only if it occurs between:
    (a) The date five years before construction on the particular change 
commences; and
    (b) The date that the increase from the particular change occurs.
    (iii) An increase or decrease in actual emissions is creditable only 
if:
    (a) The Administrator or other reviewing authority has not relied on 
it in issuing a permit for the source under this section, which permit 
is in effect when the increase in actual emissions from the particular 
change occurs; and
    (b) The increase or decrease in emissions did not occur at a Clean 
Unit except as provided in paragraphs (x)(8) and (y)(10) of this 
section.
    (iv) An increase or decrease in actual emissions of sulfur dioxide, 
particulate matter, or nitrogen oxides that occurs before the applicable 
minor source baseline date is creditable only if it is required to be 
considered in calculating the amount of maximum allowable increases 
remaining available.
    (v) An increase in actual emissions is creditable only to the extent 
that the new level of actual emissions exceeds the old level.
    (vi) A decrease in actual emissions is creditable only to the extent 
that:
    (a) The old level of actual emissions or the old level of allowable 
emissions, whichever is lower, exceeds the new level of actual 
emissions;
    (b) It is enforceable as a practical matter at and after the time 
that actual construction on the particular change begins.
    (c) It has approximately the same qualitative significance for 
public health and welfare as that attributed to the increase from the 
particular change; and
    (d) The decrease in actual emissions did not result from the 
installation of add-on control technology or application of pollution 
prevention practices that were relied on in designating an emissions 
unit as a Clean Unit under paragraph (y) of this section or under 
regulations approved pursuant to Sec. 51.165(d) or to Sec. 51.166(u) of this 
chapter. That is, once an emissions unit has been designated as a Clean 
Unit, the owner or operator cannot later use the emissions reduction 
from the air pollution control measures that the designation is based on 
in calculating the net

[[Page 18]]

emissions increase for another emissions unit (i.e., must not use that 
reduction in a ``netting analysis'' for another emissions unit). 
However, any new emission reductions that were not relied upon in a PCP 
excluded pursuant to paragraph (z) of this section or for a Clean Unit 
designation are creditable to the extent they meet the requirements in 
paragraph (z)(6)(iv) of this section for the PCP and paragraphs (x)(8) 
or (y)(10) of this section for a Clean Unit.
    (vii) [Reserved]
    (viii) An increase that results from a physical change at a source 
occurs when the emissions unit on which construction occurred becomes 
operational and begins to emit a particular pollutant. Any replacement 
unit that requires shakedown becomes operational only after a reasonable 
shakedown period, not to exceed 180 days.
    (ix) Paragraph (b)(21)(ii) of this section shall not apply for 
determining creditable increases and decreases.
    (4) Potential to emit means the maximum capacity of a stationary 
source to emit a pollutant under its physical and operational design. 
Any physical or operational limitation on the capacity of the source to 
emit a pollutant, including air pollution control equipment and 
restrictions on hours of operation or on the type or amount of material 
combusted, stored, or processed, shall be treated as part of its design 
if the limitation or the effect it would have on emissions is federally 
enforceable. Secondary emissions do not count in determining the 
potential to emit of a stationary source.
    (5) Stationary source means any building, structure, facility, or 
installation which emits or may emit a regulated NSR pollutant.
    (6) Building, structure, facility, or installation means all of the 
pollutant-emitting activities which belong to the same industrial 
grouping, are located on one or more contiguous or adjacent properties, 
and are under the control of the same person (or persons under common 
control) except the activities of any vessel. Pollutant-emitting 
activities shall be considered as part of the same industrial grouping 
if they belong to the same ``Major Group'' (i.e., which have the same 
first two digit code) as described in the Standard Industrial 
Classification Manual, 1972, as amended by the 1977 Supplement (U. S. 
Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, 
respectively).
    (7) Emissions unit means any part of a stationary source that emits 
or would have the potential to emit any regulated NSR pollutant and 
includes an electric utility steam generating unit as defined in 
paragraph (b)(31) of this section. For purposes of this section, there 
are two types of emissions units as described in paragraphs (b)(7)(i) 
and (ii) of this section.
    (i) A new emissions unit is any emissions unit that is (or will be) 
newly constructed and that has existed for less than 2 years from the 
date such emissions unit first operated.
    (ii) An existing emissions unit is any emissions unit that does not 
meet the requirements in paragraph (b)(7)(i) of this section.
    (8) Construction means any physical change or change in the method 
of operation (including fabrication, erection, installation, demolition, 
or modification of an emissions unit) that would result in a change in 
emissions.
    (9) Commence as applied to construction of a major stationary source 
or major modification means that the owner or operator has all necessary 
preconstruction approvals or permits and either has:
    (i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable 
time; or
    (ii) Entered into binding agreements or contractual obligations, 
which cannot be cancelled or modified without substantial loss to the 
owner or operator, to undertake a program of actual construction of the 
source to be completed within a reasonable time.
    (10) Necessary preconstruction approvals or permits means those 
permits or approvals required under Federal air quality control laws and 
regulations and those air quality control laws and regulations which are 
part of the applicable State Implementation Plan.
    (11) Begin actual construction means, in general, initiation of 
physical on-site construction activities on an emissions unit which are 
of a permanent

[[Page 19]]

nature. Such activities include, but are not limited to, installation of 
building supports and foundations, laying underground pipework and 
construction of permanent storage structures. With respect to a change 
in method of operations, this term refers to those on-site activites 
other than preparatory activities which mark the initiation of the 
change.
    (12) Best available control technology means an emissions limitation 
(including a visible emission standard) based on the maximum degree of 
reduction for each pollutant subject to regulation under Act which would 
be emitted from any proposed major stationary source or major 
modification which the Administrator, on a case-by-case basis, taking 
into account energy, environmental, and economic impacts and other 
costs, determines is achievable for such source or modification through 
application of production processes or available methods, systems, and 
techniques, including fuel cleaning or treatment or innovative fuel 
combustion techniques for control of such pollutant. In no event shall 
application of best available control technology result in emissions of 
any pollutant which would exceed the emissions allowed by any applicable 
standard under 40 CFR parts 60 and 61. If the Administrator determines 
that technological or economic limitations on the application of 
measurement methodology to a particular emissions unit would make the 
imposition of an emissions standard infeasible, a design, equipment, 
work practice, operational standard, or combination thereof, may be 
prescribed instead to satisfy the requirement for the application of 
best available control technology. Such standard shall, to the degree 
possible, set forth the emissions reduction achievable by implementation 
of such design, equipment, work practice or operation, and shall provide 
for compliance by means which achieve equivalent results.
    (13)(i) Baseline concentration means that ambient concentration 
level that exists in the baseline area at the time of the applicable 
minor source baseline date. A baseline concentration is determined for 
each pollutant for which a minor source baseline date is established and 
shall include:
    (a) The actual emissions, as defined in paragraph (b)(21) of this 
section, representative of sources in existence on the applicable minor 
source baseline date, except as provided in paragraph (b)(13)(ii) of 
this section; and
    (b) The allowable emissions of major stationary sources that 
commenced construction before the major source baseline date, but were 
not in operation by the applicable minor source baseline date.
    (ii) The following will not be included in the baseline 
concentration and will affect the applicable maximum allowable 
increase(s):
    (a) Actual emissions, as defined in paragraph (b)(21) of this 
section, from any major stationary source on which construction 
commenced after the major source baseline date; and
    (b) Actual emissions increases and decreases, as defined in 
paragraph (b)(21) of this section, at any stationary source occurring 
after the minor source baseline date.
    (14)(i) Major source baseline date means:
    (a) In the case of particulate matter and sulfur dioxide, January 6, 
1975, and
    (b) In the case of nitrogen dioxide, February 8, 1988.
    (ii) ``Minor source baseline date'' means the earliest date after 
the trigger date on which a major stationary source or a major 
modification subject to 40 CFR 52.21 or to regulations approved pursuant 
to 40 CFR 51.166 submits a complete application under the relevant 
regulations. The trigger date is:
    (a) In the case of particulate matter and sulfur dioxide, August 7, 
1977, and
    (b) In the case of nitrogen dioxide, February 8, 1988.
    (iii) The baseline date is established for each pollutant for which 
increments or other equivalent measures have been established if:
    (a) The area in which the proposed source or modification would 
construct is designated as attainment or unclassifiable under section 
107(d)(i) (D) or (E) of the Act for the pollutant on the date of its 
complete application under 40 CFR 52.21; and
    (b) In the case of a major stationary source, the pollutant would be 
emitted in significant amounts, or, in the case

[[Page 20]]

of a major modification, there would be a significant net emissions 
increase of the pollutant.
    (iv) Any minor source baseline date established originally for the 
TSP increments shall remain in effect and shall apply for purposes of 
determining the amount of available PM-10 increments, except that the 
Administrator shall rescind a minor source baseline date where it can be 
shown, to the satisfaction of the Administrator, that the emissions 
increase from the major stationary source, or net emissions increase 
from the major modification, responsible for triggering that date did 
not result in a significant amount of PM-10 emissions.
    (15)(i) Baseline area means any intrastate area (and every part 
thereof) designated as attainment or unclassifiable under section 
107(d)(1) (D) or (E) of the Act in which the major source or major 
modification establishing the minor source baseline date would construct 
or would have an air quality impact equal to or greater than 1 [mu]g/
m\3\ (annual average) of the pollutant for which the minor source 
baseline date is established.
    (ii) Area redesignations under section 107(d)(1) (D) or (E) of the 
Act cannot intersect or be smaller than the area of impact of any major 
stationary source or major modification which:
    (a) Establishes a minor source baseline date; or
    (b) Is subject to 40 CFR 52.21 and would be constructed in the same 
state as the state proposing the redesignation.
    (iii) Any baseline area established originally for the TSP 
increments shall remain in effect and shall apply for purposes of 
determining the amount of available PM-10 increments, except that such 
baseline area shall not remain in effect if the Administrator rescinds 
the corresponding minor source baseline date in accordance with 
paragraph (b)(14)(iv) of this section.
    (16) Allowable emissions means the emissions rate of a stationary 
source calculated using the maximum rated capacity of the source (unless 
the source is subject to federally enforceable limits which restrict the 
operating rate, or hours of operation, or both) and the most stringent 
of the following:
    (i) The applicable standards as set forth in 40 CFR parts 60 and 61;
    (ii) The applicable State Implementation Plan emissions limitation, 
including those with a future compliance date; or
    (iii) The emissions rate specified as a federally enforceable permit 
condition, including those with a future compliance date.
    (17) Federally enforceable means all limitations and conditions 
which are enforceable by the Administrator, including those requirements 
developed pursuant to 40 CFR parts 60 and 61, requirements within any 
applicable State implementation plan, any permit requirements 
established pursuant to 40 CFR 52.21 or under regulations approved 
pursuant to 40 CFR part 51, subpart I, including operating permits 
issued under an EPA-approved program that is incorporated into the State 
implementation plan and expressly requires adherence to any permit 
issued under such program.
    (18) Secondary emissions means emissions which would occur as a 
result of the construction or operation of a major stationary source or 
major modification, but do not come from the major stationary source or 
major modification itself. Secondary emissions include emissions from 
any offsite support facility which would not be constructed or increase 
its emissions except as a result of the construction or operation of the 
major stationary source or major modification. Secondary emissions do 
not include any emissions which come directly from a mobile source, such 
as emissions from the tailpipe of a motor vehicle, from a train, or from 
a vessel.
    (i) Emissions from ships or trains coming to or from the new or 
modified stationary source; and
    (ii) Emissions from any offsite support facility which would not 
otherwise be constructed or increase its emissions as a result of the 
construction or operation of the major stationary source or major 
modification.
    (19) Innovative control technology means any system of air pollution 
control that has not been adequately demonstrated in practice, but would 
have a

[[Page 21]]

substantial likelihood of achieving greater continuous emissions 
reduction than any control system in current practice or of achieving at 
least comparable reductions at lower cost in terms of energy, economics, 
or nonair quality environmental impacts.
    (20) Fugitive emissions means those emissions which could not 
reasonably pass through a stack, chimney, vent, or other functionally 
equivalent opening.
    (21)(i) Actual emissions means the actual rate of emissions of a 
regulated NSR pollutant from an emissions unit, as determined in 
accordance with paragraphs (b)(21)(ii) through (iv) of this section, 
except that this definition shall not apply for calculating whether a 
significant emissions increase has occurred, or for establishing a PAL 
under paragraph (aa) of this section. Instead, paragraphs (b)(41) and 
(b)(48) of this section shall apply for those purposes.
    (ii) In general, actual emissions as of a particular date shall 
equal the average rate, in tons per year, at which the unit actually 
emitted the pollutant during a consecutive 24-month period which 
precedes the particular date and which is representative of normal 
source operation. The Administrator shall allow the use of a different 
time period upon a determination that it is more representative of 
normal source operation. Actual emissions shall be calculated using the 
unit's actual operating hours, production rates, and types of materials 
processed, stored, or combusted during the selected time period.
    (iii) The Administrator may presume that source-specific allowable 
emissions for the unit are equivalent to the actual emissions of the 
unit.
    (iv) For any emissions unit that has not begun normal operations on 
the particular date, actual emissions shall equal the potential to emit 
of the unit on that date.
    (22) Complete means, in reference to an application for a permit, 
that the application contains all of the information necessary for 
processing the application.
    (23) (i) Significant means, in reference to a net emissions increase 
or the potential of a source to emit any of the following pollutants, a 
rate of emissions that would equal or exceed any of the following rates:

                      Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter:
    25 tpy of particulate matter emissions;
    15 tpy of PM10 emissions
Ozone: 40 tpy of volatile organic compounds
Lead: 0.6 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2 S): 10 tpy
Total reduced sulfur (including H2 S): 10 tpy
Reduced sulfur compounds (including H2 S): 10 tpy
Municipal waste combustor organics (measured as total tetra- through 
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 
10-6 megagrams per year (3.5 x 10-6 tons per 
year). Municipal waste combustor metals (measured as particulate 
matter): 14 megagrams per year (15 tons per year)
Municipal waste combustor acid gases (measured as sulfur dioxide and 
hydrogen chloride): 36 megagrams per year (40 tons per year)
Municipal solid waste landfills emissions (measured as nonmethane 
organic compounds): 45 megagrams per year (50 tons per year)

    (ii) Significant means, in reference to a net emissions increase or 
the potential of a source to emit a regulated NSR pollutant that 
paragraph (b)(23)(i) of this section, does not list, any emissions rate.
    (iii) Notwithstanding paragraph (b)(23)(i) of this section, 
significant means any emissions rate or any net emissions increase 
associated with a major stationary source or major modification, which 
would construct within 10 kilometers of a Class I area, and have an 
impact on such area equal to or greater than 1 [mu]g/m\3\, (24-hour 
average).
    (24) Federal Land Manager means, with respect to any lands in the 
United States, the Secretary of the department with authority over such 
lands.
    (25) High terrain means any area having an elevation 900 feet or 
more above the base of the stack of a source.
    (26) Low terrain means any area other than high terrain.

[[Page 22]]

    (27) Indian Reservation means any federally recognized reservation 
established by Treaty, Agreement, executive order, or act of Congress.
    (28) Indian Governing Body means the governing body of any tribe, 
band, or group of Indians subject to the jurisdiction of the United 
States and recognized by the United States as possessing power of self 
government.
    (29) Adverse impact on visibility means visibility impairment which 
interferes with the management, protection, preservation or enjoyment of 
the visitor's visual experience of the Federal Class I area. This 
determination must be made on a case-by-case basis taking into account 
the geographic extent, intensity, duration, frequency and time of 
visibility impairment, and how these factors correlate with (1) times of 
visitor use of the Federal Class I area, and (2) the frequency and 
timing of natural conditions that reduce visibility.
    (30) Volatile organic compounds (VOC) is as defined in Sec. 51.100(s) 
of this chapter.
    (31) Electric utility steam generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW electrical output to any utility power distribution system for 
sale. Any steam supplied to a steam distribution system for the purpose 
of providing steam to a steam-electric generator that would produce 
electrical energy for sale is also considered in determining the 
electrical energy output capacity of the affected facility.
    (32) Pollution control project (PCP) means any activity, set of work 
practices or project (including pollution prevention as defined under 
paragraph (b)(39) of this section) undertaken at an existing emissions 
unit that reduces emissions of air pollutants from such unit. Such 
qualifying activities or projects can include the replacement or upgrade 
of an existing emissions control technology with a more effective unit. 
Other changes that may occur at the source are not considered part of 
the PCP if they are not necessary to reduce emissions through the PCP. 
Projects listed in paragraphs (b)(32)(i) through (vi) of this section 
are presumed to be environmentally beneficial pursuant to paragraph 
(z)(2)(i) of this section. Projects not listed in these paragraphs may 
qualify for a case-specific PCP exclusion pursuant to the requirements 
of paragraphs (z)(2) and (z)(5) of this section.
    (i) Conventional or advanced flue gas desulfurization or sorbent 
injection for control of SO2.
    (ii) Electrostatic precipitators, baghouses, high efficiency 
multiclones, or scrubbers for control of particulate matter or other 
pollutants.
    (iii) Flue gas recirculation, low-NOX burners or 
combustors, selective non-catalytic reduction, selective catalytic 
reduction, low emission combustion (for IC engines), and oxidation/
absorption catalyst for control of NOX.
    (iv) Regenerative thermal oxidizers, catalytic oxidizers, 
condensers, thermal incinerators, hydrocarbon combustion flares, 
biofiltration, absorbers and adsorbers, and floating roofs for storage 
vessels for control of volatile organic compounds or hazardous air 
pollutants. For the purpose of this section, ``hydrocarbon combustion 
flare'' means either a flare used to comply with an applicable NSPS or 
MACT standard (including uses of flares during startup, shutdown, or 
malfunction permitted under such a standard), or a flare that serves to 
control emissions of waste streams comprised predominately of 
hydrocarbons and containing no more than 230 mg/dscm hydrogen sulfide.
    (v) Activities or projects undertaken to accommodate switching (or 
partially switching) to an inherently less polluting fuel, to be limited 
to the following fuel switches:
    (a) Switching from a heavier grade of fuel oil to a lighter fuel 
oil, or any grade of oil to 0.05 percent sulfur diesel (i.e., from a 
higher sulfur content #2 fuel or from #6 fuel, to CA 0.05 percent sulfur 
#2 diesel);
    (b) Switching from coal, oil, or any solid fuel to natural gas, 
propane, or gasified coal;
    (c) Switching from coal to wood, excluding construction or 
demolition waste, chemical or pesticide treated wood, and other forms of 
``unclean'' wood;

[[Page 23]]

    (d) Switching from coal to #2 fuel oil (0.5 percent maximum sulfur 
content); and
    (e) Switching from high sulfur coal to low sulfur coal (maximum 1.2 
percent sulfur content).
    (vi) Activities or projects undertaken to accommodate switching from 
the use of one ozone depleting substance (ODS) to the use of a substance 
with a lower or zero ozone depletion potential (ODP,) including changes 
to equipment needed to accommodate the activity or project, that meet 
the requirements of paragraphs (b)(32)(vi)(a) and (b) of this section.
    (a) The productive capacity of the equipment is not increased as a 
result of the activity or project.
    (b) The projected usage of the new substance is lower, on an ODP-
weighted basis, than the baseline usage of the replaced ODS. To make 
this determination, follow the procedure in paragraphs (b)(32)(vi)(b)(1) 
through (4) of this section.
    (1) Determine the ODP of the substances by consulting 40 CFR part 
82, subpart A, appendices A and B.
    (2) Calculate the replaced ODP-weighted amount by multiplying the 
baseline actual usage (using the annualized average of any 24 
consecutive months of usage within the past 10 years) by the ODP of the 
replaced ODS.
    (3) Calculate the projected ODP-weighted amount by multiplying the 
projected actual usage of the new substance by its ODP.
    (4) If the value calculated in paragraph (b)(32)(vi)(b)(2) of this 
section is more than the value calculated in paragraph (b)(32)(vi)(b)(3) 
of this section, then the projected use of the new substance is lower, 
on an ODP-weighted basis, than the baseline usage of the replaced ODS.
    (33) [Reserved]
    (34) Clean coal technology means any technology, including 
technologies applied at the precombustion, combustion, or post 
combustion stage, at a new or existing facility which will achieve 
significant reductions in air emissions of sulfur dioxide or oxides of 
nitrogen associated with the utilization of coal in the generation of 
electricity, or process steam which was not in widespread use as of 
November 15, 1990.
    (35) Clean coal technology demonstration project means a project 
using funds appropriated under the heading ``Department of Energy-Clean 
Coal Technology'', up to a total amount of $2,500,000,000 for commercial 
demonstration of clean coal technology, or similar projects funded 
through appropriations for the Environmental Protection Agency. The 
Federal contribution for a qualifying project shall be at least 20 
percent of the total cost of the demonstration project.
    (36) Temporary clean coal technology demonstration project means a 
clean coal technology demonstration project that is operated for a 
period of 5 years or less, and which complies with the State 
implementation plans for the State in which the project is located and 
other requirements necessary to attain and maintain the national ambient 
air quality standards during the project and after it is terminated.
    (37) (i) Repowering means replacement of an existing coal-fired 
boiler with one of the following clean coal technologies: atmospheric or 
pressurized fluidized bed combustion, integrated gasification combined 
cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, 
integrated gasification fuel cells, or as determined by the 
Administrator, in consultation with the Secretary of Energy, a 
derivative of one or more of these technologies, and any other 
technology capable of controlling multiple combustion emissions 
simultaneously with improved boiler or generation efficiency and with 
significantly greater waste reduction relative to the performance of 
technology in widespread commercial use as of November 15, 1990.
    (ii) Repowering shall also include any oil and/or gas-fired unit 
which has been awarded clean coal technology demonstration funding as of 
January 1, 1991, by the Department of Energy.
    (iii) The Administrator shall give expedited consideration to permit 
applications for any source that satisfies the requirements of this 
subsection and is granted an extension under section 409 of the Clean 
Air Act.
    (38) Reactivation of a very clean coal-fired electric utility steam 
generating unit

[[Page 24]]

means any physical change or change in the method of operation 
associated with the commencement of commercial operations by a coal-
fired utility unit after a period of discontinued operation where the 
unit:
    (i) Has not been in operation for the two-year period prior to the 
enactment of the Clean Air Act Amendments of 1990, and the emissions 
from such unit continue to be carried in the permitting authority's 
emissions inventory at the time of enactment;
    (ii) Was equipped prior to shut-down with a continuous system of 
emissions control that achieves a removal efficiency for sulfur dioxide 
of no less than 85 percent and a removal efficiency for particulates of 
no less than 98 percent;
    (iii) Is equipped with low-NOx burners prior to the time 
of commencement of operations following reactivation; and
    (iv) Is otherwise in compliance with the requirements of the Clean 
Air Act.
    (39) Pollution prevention means any activity that through process 
changes, product reformulation or redesign, or substitution of less 
polluting raw materials, eliminates or reduces the release of air 
pollutants (including fugitive emissions) and other pollutants to the 
environment prior to recycling, treatment, or disposal; it does not mean 
recycling (other than certain ``in-process recycling'' practices), 
energy recovery, treatment, or disposal.
    (40) Significant emissions increase means, for a regulated NSR 
pollutant, an increase in emissions that is significant (as defined in 
paragraph (b)(23) of this section) for that pollutant.
    (41)(i) Projected actual emissions means the maximum annual rate, in 
tons per year, at which an existing emissions unit is projected to emit 
a regulated NSR pollutant in any one of the 5 years (12-month period) 
following the date the unit resumes regular operation after the project, 
or in any one of the 10 years following that date, if the project 
involves increasing the emissions unit's design capacity or its 
potential to emit that regulated NSR pollutant and full utilization of 
the unit would result in a significant emissions increase or a 
significant net emissions increase at the major stationary source.
    (ii) In determining the projected actual emissions under paragraph 
(b)(41)(i) of this section (before beginning actual construction), the 
owner or operator of the major stationary source:
    (a) Shall consider all relevant information, including but not 
limited to, historical operational data, the company's own 
representations, the company's expected business activity and the 
company's highest projections of business activity, the company's 
filings with the State or Federal regulatory authorities, and compliance 
plans under the approved State Implementation Plan; and
    (b) Shall include fugitive emissions to the extent quantifiable and 
emissions associated with startups, shutdowns, and malfunctions; and
    (c) Shall exclude, in calculating any increase in emissions that 
results from he particular project, that portion of the unit's emissions 
following the project that an existing unit could have accommodated 
during the consecutive 24-month period used to establish the baseline 
actual emissions under paragraph (b)(48) of this section and that are 
also unrelated to the particular project, including any increased 
utilization due to product demand growth; or
    (d) In lieu of using the method set out in paragraphs (a)(41)(ii)(a) 
through (c) of this section, may elect to use the emissions unit's 
potential to emit, in tons per year, as defined under paragraph (b)(4) 
of this section.
    (42) Clean Unit means any emissions unit that has been issued a 
major NSR permit that requires compliance with BACT or LAER, is 
complying with such BACT/LAER requirements, and qualifies as a Clean 
Unit pursuant to paragraph (x) of this section; or any emissions unit 
that has been designated by the Administrator as a Clean Unit, based on 
the criteria in paragraphs (y)(3)(i) through (iv) of this section; or 
any emissions unit that has been issued a major NSR permit that requires 
compliance with BACT or LAER, is complying with such BACT/LAER 
requirements, and qualifies as a Clean Unit pursuant to regulations 
approved into the State Implementation Plan in accordance with Sec. 
51.165(c) or

[[Page 25]]

Sec. 51.166(u) of this chapter; or any emissions unit that has been 
designated by the reviewing authority as a Clean Unit in accordance with 
regulations approved into the plan to carry out Sec. 51.165(d) or Sec. 
51.166(u) of this chapter.
    (43) Prevention of Significant Deterioration (PSD) program means the 
EPA-implemented major source preconstruction permit programs under this 
section or a major source preconstruction permit program that has been 
approved by the Administrator and incorporated into the State 
Implementation Plan pursuant to Sec. 51.166 of this chapter to implement 
the requirements of that section. Any permit issued under such a program 
is a major NSR permit.
    (44) Continuous emissions monitoring system (CEMS) means all of the 
equipment that may be required to meet the data acquisition and 
availability requirements of this section, to sample, condition (if 
applicable), analyze, and provide a record of emissions on a continuous 
basis.
    (45) Predictive emissions monitoring system (PEMS) means all of the 
equipment necessary to monitor process and control device operational 
parameters (for example, control device secondary voltages and electric 
currents) and other information (for example, gas flow rate, 
O2 or CO2 concentrations), and calculate and 
record the mass emissions rate (for example, lb/hr) on a continuous 
basis.
    (46) Continuous parameter monitoring system (CPMS) means all of the 
equipment necessary to meet the data acquisition and availability 
requirements of this section, to monitor process and control device 
operational parameters (for example, control device secondary voltages 
and electric currents) and other information (for example, gas flow 
rate, O2 or CO2 concentrations), and to record 
average operational parameter value(s) on a continuous basis.
    (47) Continuous emissions rate monitoring system (CERMS) means the 
total equipment required for the determination and recording of the 
pollutant mass emissions rate (in terms of mass per unit of time).
    (48) Baseline actual emissions means the rate of emissions, in tons 
per year, of a regulated NSR pollutant, as determined in accordance with 
paragraphs (b)(48)(i) through (iv) of this section.
    (i) For any existing electric utility steam generating unit, 
baseline actual emissions means the average rate, in tons per year, at 
which the unit actually emitted the pollutant during any consecutive 24-
month period selected by the owner or operator within the 5-year period 
immediately preceding when the owner or operator begins actual 
construction of the project. The Administrator shall allow the use of a 
different time period upon a determination that it is more 
representative of normal source operation.
    (a) The average rate shall include fugitive emissions to the extent 
quantifiable, and emissions associated with startups, shutdowns, and 
malfunctions.
    (b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above 
any emission limitation that was legally enforceable during the 
consecutive 24-month period.
    (c) For a regulated NSR pollutant, when a project involves multiple 
emissions units, only one consecutive 24-month period must be used to 
determine the baseline actual emissions for the emissions units being 
changed. A different consecutive 24-month period can be used For each 
regulated NSR pollutant.
    (d) The average rate shall not be based on any consecutive 24-month 
period for which there is inadequate information for determining annual 
emissions, in tons per year, and for adjusting this amount if required 
by paragraph (b)(48)(i)(b) of this section.
    (ii) For an existing emissions unit (other than an electric utility 
steam generating unit), baseline actual emissions means the average 
rate, in tons per year, at which the emissions unit actually emitted the 
pollutant during any consecutive 24-month period selected by the owner 
or operator within the 10-year period immediately preceding either the 
date the owner or operator begins actual construction of the project, or 
the date a complete permit application is received by the Administrator 
for a permit required under this section or by the reviewing authority 
for a permit required by a plan,

[[Page 26]]

whichever is earlier, except that the 10-year period shall not include 
any period earlier than November 15, 1990.
    (a) The average rate shall include fugitive emissions to the extent 
quantifiable, and emissions associated with startups, shutdowns, and 
malfunctions.
    (b) The average rate shall be adjusted downward to exclude any non-
compliant emissions that occurred while the source was operating above 
an emission limitation that was legally enforceable during the 
consecutive 24-month period.
    (c) The average rate shall be adjusted downward to exclude any 
emissions that would have exceeded an emission limitation with which the 
major stationary source must currently comply, had such major stationary 
source been required to comply with such limitations during the 
consecutive 24-month period. However, if an emission limitation is part 
of a maximum achievable control technology standard that the 
Administrator proposed or promulgated under part 63 of this chapter, the 
baseline actual emissions need only be adjusted if the State has taken 
credit for such emissions reductions in an attainment demonstration or 
maintenance plan consistent with the requirements of Sec. 
51.165(a)(3)(ii)(G) of this chapter.
    (d) For a regulated NSR pollutant, when a project involves multiple 
emissions units, only one consecutive 24-month period must be used to 
determine the baseline actual emissions for all the emissions units 
being changed. A different consecutive 24-month period can be used For 
each regulated NSR pollutant.
    (e) The average rate shall not be based on any consecutive 24-month 
period for which there is inadequate information for determining annual 
emissions, in tons per year, and for adjusting this amount if required 
by paragraphs (b)(48)(ii)(b) and (c) of this section.
    (iii) For a new emissions unit, the baseline actual emissions for 
purposes of determining the emissions increase that will result from the 
initial construction and operation of such unit shall equal zero; and 
thereafter, for all other purposes, shall equal the unit's potential to 
emit.
    (iv) For a PAL for a stationary source, the baseline actual 
emissions shall be calculated for existing electric utility steam 
generating units in accordance with the procedures contained in 
paragraph (b)(48)(i) of this section, for other existing emissions units 
in accordance with the procedures contained in paragraph (b)(48)(ii) of 
this section, and for a new emissions unit in accordance with the 
procedures contained in paragraph (b)(48)(iii) of this section.
    (49) [Reserved]
    (50) Regulated NSR pollutant, for purposes of this section, means 
the following:
    (i) Any pollutant for which a national ambient air quality standard 
has been promulgated and any constituents or precursors for such 
pollutants identified by the Administrator (e.g., volatile organic 
compounds are precursors for ozone);
    (ii) Any pollutant that is subject to any standard promulgated under 
section 111 of the Act;
    (iii) Any Class I or II substance subject to a standard promulgated 
under or established by title VI of the Act; or
    (iv) Any pollutant that otherwise is subject to regulation under the 
Act; except that any or all hazardous air pollutants either listed in 
section 112 of the Act or added to the list pursuant to section 
112(b)(2) of the Act, which have not been delisted pursuant to section 
112(b)(3) of the Act, are not regulated NSR pollutants unless the listed 
hazardous air pollutant is also regulated as a constituent or precursor 
of a general pollutant listed under section 108 of the Act.
    (51) Reviewing authority means the State air pollution control 
agency, local agency, other State agency, Indian tribe, or other agency 
authorized by the Administrator to carry out a permit program under Sec. 
51.165 and Sec. 51.166 of this chapter, or the Administrator in the case of 
EPA-implemented permit programs under this section.
    (52) Project means a physical change in, or change in the method of 
operation of, an existing major stationary source.
    (53) Lowest achievable emission rate (LAER) is as defined in Sec. 
51.165(a)(1)(xiii) of this chapter.

[[Page 27]]

    (54) Reasonably available control technology (RACT) is as defined in 
Sec. 51.100(o) of this chapter.
    (c) Ambient air increments. In areas designated as Class I, II or 
III, increases in pollutant concentration over the baseline 
concentration shall be limited to the following:

------------------------------------------------------------------------
                                                               Maximum
                                                              allowable
                                                               increase
                         Pollutant                           (micrograms
                                                              per cubic
                                                                meter)
------------------------------------------------------------------------
                                 Class I
 
------------------------------------------------------------------------
Particulate matter:
    PM-10, annual arithmetic mean..........................            4
    PM-10, 24-hr maximum...................................            8
Sulfur dioxide:
    Annual arithmetic mean.................................            2
    24-hr maximum..........................................            5
    3-hr maximum...........................................           25
Nitrogen dioxide:
    Annual arithmetic mean.................................          2.5
                                Class II
 
------------------------------------------------------------------------
Particulate matter:
    PM-10, annual arithmetic mean..........................           17
    PM-10, 24-hr maximum...................................           30
Sulfur dioxide:
    Annual arithmetic mean.................................           20
    24-hr maximum..........................................           91
    3-hr maximum...........................................          512
Nitrogen dioxide:
    Annual arithmetic mean.................................           25
 
------------------------------------------------------------------------
                                Class III
 
------------------------------------------------------------------------
Particulate matter
    PM-10, annual arithmetic mean..........................           34
    PM-10, 24-hr maximum...................................           60
Sulfur dioxide:
    Annual arithmetic mean.................................           40
    24-hr maximum..........................................          182
    3-hr maximum...........................................          700
Nitrogen dioxide:
    Annual arithmetic mean.................................           50
------------------------------------------------------------------------


For any period other than an annual period, the applicable maximum 
allowable increase may be exceeded during one such period per year at 
any one location.
    (d) Ambient air ceilings. No concentration of a pollutant shall 
exceed:
    (1) The concentration permitted under the national secondary ambient 
air quality standard, or
    (2) The concentration permitted under the national primary ambient 
air quality standard, whichever concentration is lowest for the 
pollutant for a period of exposure.
    (e) Restrictions on area classifications. (1) All of the following 
areas which were in existence on August 7, 1977, shall be Class I areas 
and may not be redesignated:
    (i) International parks,
    (ii) National wilderness areas which exceed 5,000 acres in size,
    (iii) National memorial parks which exceed 5,000 acres in size, and
    (iv) National parks which exceed 6,000 acres in size.
    (2) Areas which were redesignated as Class I under regulations 
promulgated before August 7, 1977, shall remain Class I, but may be 
redesignated as provided in this section.
    (3) Any other area, unless otherwise specified in the legislation 
creating such an area, is initially designated Class II, but may be 
redesignated as provided in this section.
    (4) The following areas may be redesignated only as Class I or II:
    (i) An area which as of August 7, 1977, exceeded 10,000 acres in 
size and was a national monument, a national primitive area, a national 
preserve, a national recreational area, a national wild and scenic 
river, a national wildlife refuge, a national lakeshore or seashore; and
    (ii) A national park or national wilderness area established after 
August 7, 1977, which exceeds 10,000 acres in size.
    (f) [Reserved]
    (g) Redesignation. (1) All areas (except as otherwise provided under 
paragraph (e) of this section) are designated Class II as of December 5, 
1974. Redesignation (except as otherwise precluded by paragraph (e) of 
this section) may be proposed by the respective States or Indian 
Governing Bodies, as provided below, subject to approval by the 
Administrator as a revision to the applicable State implementation plan.
    (2) The State may submit to the Administrator a proposal to 
redesignate areas of the State Class I or Class II provided that:
    (i) At least one public hearing has been held in accordance with 
procedures established in Sec. 51.102 of this chapter;
    (ii) Other States, Indian Governing Bodies, and Federal Land 
Managers whose lands may be affected by the proposed redesignation were 
notified at least 30 days prior to the public hearing;

[[Page 28]]

    (iii) A discussion of the reasons for the proposed redesignation, 
including a satisfactory description and analysis of the health, 
environmental, economic, social and energy effects of the proposed 
redesignation, was prepared and made available for public inspection at 
least 30 days prior to the hearing and the notice announcing the hearing 
contained appropriate notification of the availability of such 
discussion;
    (iv) Prior to the issuance of notice respecting the redesignation of 
an area that includes any Federal lands, the State has provided written 
notice to the appropriate Federal Land Manager and afforded adequate 
opportunity (not in excess of 60 days) to confer with the State 
respecting the redesignation and to submit written comments and 
recommendations. In redesignating any area with respect to which any 
Federal Land Manager had submitted written comments and recommendations, 
the State shall have published a list of any inconsistency between such 
redesignation and such comments and recommendations (together with the 
reasons for making such redesignation against the recommendation of the 
Federal Land Manager); and
    (v) The State has proposed the redesignation after consultation with 
the elected leadership of local and other substate general purpose 
governments in the area covered by the proposed redesignation.
    (3) Any area other than an area to which paragraph (e) of this 
section refers may be redesignated as Class III if--
    (i) The redesignation would meet the requirements of paragraph 
(g)(2) of this section;
    (ii) The redesignation, except any established by an Indian 
Governing Body, has been specifically approved by the Governor of the 
State, after consultation with the appropriate committees of the 
legislature, if it is in session, or with the leadership of the 
legislature, if it is not in session (unless State law provides that the 
redesignation must be specifically approved by State legislation) and if 
general purpose units of local government representing a majority of the 
residents of the area to be redesignated enact legislation or pass 
resolutions concurring in the redesignation:
    (iii) The redesignation would not cause, or contribute to, a 
concentration of any air pollutant which would exceed any maximum 
allowable increase permitted under the classification of any other area 
or any national ambient air quality standard; and
    (iv) Any permit application for any major stationary source or major 
modification, subject to review under paragraph (l) of this section, 
which could receive a permit under this section only if the area in 
question were redesignated as Class III, and any material submitted as 
part of that application, were available insofar as was practicable for 
public inspection prior to any public hearing on redesignation of the 
area as Class III.
    (4) Lands within the exterior boundaries of Indian Reservations may 
be redesignated only by the appropriate Indian Governing Body. The 
appropriate Indian Governing Body may submit to the Administrator a 
proposal to redesignate areas Class I, Class II, or Class III: Provided, 
That:
    (i) The Indian Governing Body has followed procedures equivalent to 
those required of a State under paragraphs (g)(2), (g)(3)(iii), and 
(g)(3)(iv) of this section; and
    (ii) Such redesignation is proposed after consultation with the 
State(s) in which the Indian Reservation is located and which border the 
Indian Reservation.
    (5) The Administrator shall disapprove, within 90 days of 
submission, a proposed redesignation of any area only if he finds, after 
notice and opportunity for public hearing, that such redesignation does 
not meet the procedural requirements of this paragraph or is 
inconsistent with paragraph (e) of this section. If any such disapproval 
occurs, the classification of the area shall be that which was in effect 
prior to the redesignation which was disapproved.
    (6) If the Administrator disapproves any proposed redesignation, the 
State or Indian Governing Body, as appropriate, may resubmit the 
proposal after correcting the deficiencies noted by the Administrator.

[[Page 29]]

    (h) Stack heights. (1) The degree of emission limitation required 
for control of any air pollutant under this section shall not be 
affected in any manner by--
    (i) So much of the stack height of any source as exceeds good 
engineering practice, or
    (ii) Any other dispersion technique.
    (2) Paragraph (h)(1) of this section shall not apply with respect to 
stack heights in existence before December 31, 1970, or to dispersion 
techniques implemented before then.
    (i) Exemptions.
    (1) The requirements of paragraphs (j) through (r) of this section 
shall not apply to a particular major stationary source or major 
modification, if;
    (i) Construction commenced on the source or modification before 
August 7, 1977. The regulations at 40 CFR 52.21 as in effect before 
August 7, 1977, shall govern the review and permitting of any such 
source or modification; or
    (ii) The source or modification was subject to the review 
requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978, 
and the owner or operator:
    (a) Obtained under 40 CFR 52.21 a final approval effective before 
March 1, 1978;
    (b) Commenced construction before March 19, 1979; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable time; or
    (iii) The source or modification was subject to 40 CFR 52.21 as in 
effect before March 1, 1978, and the review of an application for 
approval for the stationary source or modification under 40 CFR 52.21 
would have been completed by March 1, 1978, but for an extension of the 
public comment period pursuant to a request for such an extension. In 
such a case, the application shall continue to be processed, and granted 
or denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or
    (iv) The source or modification was not subject to 40 CFR 52.21 as 
in effect before March 1, 1978, and the owner or operator:
    (a) Obtained all final Federal, state and local preconstruction 
approvals or permits necessary under the applicable State Implementation 
Plan before March 1, 1978;
    (b) Commenced construction before March 19, 1979; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable time; or
    (v) The source or modification was not subject to 40 CFR 52.21 as in 
effect on June 19, 1978 or under the partial stay of regulations 
published on February 5, 1980 (45 FR 7800), and the owner or operator:
    (a) Obtained all final Federal, state and local preconstruction 
approvals or permits necessary under the applicable State Implementation 
Plan before August 7, 1980;
    (b) Commenced construction within 18 months from August 7, 1980, or 
any earlier time required under the applicable State Implementation 
Plan; and
    (c) Did not discontinuue construction for a period of 18 months or 
more and completed construction within a reasonable time; or
    (vi) The source or modification would be a nonprofit health or 
nonprofit educational institution, or a major modification would occur 
at such an institution, and the governor of the state in which the 
source or modification would be located requests that it be exempt from 
those requirements; or
    (vii) The source or modification would be a major stationary source 
or major modification only if fugitive emissions, to the extent 
quantifiable, are considered in calculating the potential to emit of the 
stationary source or modification and the source does not belong to any 
of the following categories:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;

[[Page 30]]

    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more than 250 million 
British thermal units per hour heat input;
    (aa) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act; or
    (viii) The source is a portable stationary source which has 
previously received a permit under this section, and
    (a) The owner or operator proposes to relocate the source and 
emissions of the source at the new location would be temporary; and
    (b) The emissions from the source would not exceed its allowable 
emissions; and
    (c) The emissions from the source would impact no Class I area and 
no area where an applicable increment is known to be violated; and
    (d) Reasonable notice is given to the Administrator prior to the 
relocation identifying the proposed new location and the probable 
duration of operation at the new location. Such notice shall be given to 
the Administrator not less than 10 days in advance of the proposed 
relocation unless a different time duration is previously approved by 
the Administrator.
    (ix) The source or modification was not subject to Sec. 52.21, with 
respect to particulate matter, as in effect before July 31, 1987, and 
the owner or operator:
    (a) Obtained all final Federal, State, and local preconstruction 
approvals or permits necessary under the applicable State implementation 
plan before July 31, 1987;
    (b) Commenced construction within 18 months after July 31, 1987, or 
any earlier time required under the State implementation plan; and
    (c) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable period of time.
    (x) The source or modification was subject to 40 CFR 52.21, with 
respect to particulate matter, as in effect before July 31, 1987 and the 
owner or operator submitted an application for a permit under this 
section before that date, and the Administrator subsequently determines 
that the application as submitted was complete with respect to the 
particular matter requirements then in effect in the section. Instread, 
the requirments of paragraphs (j) through (r) of this section that were 
in effect before July 31, 1987 shall apply to such source or 
modifiction.
    (2) The requirements of paragraphs (j) through (r) of this section 
shall not apply to a major stationary source or major modification with 
respect to a particular pollutant if the owner or operator demonstrates 
that, as to that pollutant, the source or modification is located in an 
area designated as nonattainment under section 107 of the Act.
    (3) The requirements of paragraphs (k), (m) and (o) of this section 
shall not apply to a major stationary source or major modification with 
respect to a particular pollutant, if the allowable emissions of that 
pollutant from the source, or the net emissions increase of that 
pollutant from the modification:
    (i) Would impact no Class I area and no area where an applicable 
increment is known to be violated, and
    (ii) Would be temporary.
    (4) The requirements of paragraphs (k), (m) and (o) of this section 
as they relate to any maximum allowable increase for a Class II area 
shall not apply to a major modification at a stationary source that was 
in existence on March 1, 1978, if the net increase in allowable 
emissions of each regulated NSR pollutant from the modification

[[Page 31]]

after the application of best available control technology would be less 
than 50 tons per year.
    (5) The Administrator may exempt a stationary source or modification 
from the requirements of paragraph (m) of this section, with respect to 
monitoring for a particular pollutant if:
    (i) The emissions increase of the pollutant from the new source or 
the net emissions increase of the pollutant from the modification would 
cause, in any area, air quality impacts less than the following amounts:

Carbon monoxide--575 [mu]g/m\3\, 8-hour average;
Nitrogen dioxide--14 [mu]g/m\3\, annual average;
Particulate matter--10 [mu]g/m3 of PM-10, 24-hour average;
Sulfur dioxide--13 [mu]g/m\3\, 24-hour average;
Ozone; \1\
---------------------------------------------------------------------------

    \1\ No de minimis air quality level is provided for ozone. However, 
any net increase of 100 tons per year or more of volatile organic 
compounds subject to PSD would be required to perform an ambient impact 
analysis including the gathering of ambient air quality data.
---------------------------------------------------------------------------

    Lead--0.1 [mu]g/m\3\, 3-month average;
    Fluorides--0.25 [mu]g/m\3\, 24-hour average;
    Total reduced sulfur--10 [mu]g/m\3\, 1-hour average;
    Hydrogen sulfide--0.2 [mu]g/m\3\, 1-hour average;
    Reduced sulfur compounds--10 [mu]g/m\3\, 1-hour average; or

    (ii) The concentrations of the pollutant in the area that the source 
or modification would affect are less than the concentrations listed in 
paragraph (i)(8)(i) of this section, or the pollutant is not listed in 
paragraph (i)(8)(i) of this section.
    (6) The requirements for best available control technology in 
paragraph (j) of this section and the requirements for air quality 
analyses in paragraph (m)(1) of this section, shall not apply to a 
particular stationary source or modification that was subject to 40 CFR 
52.21 as in effect on June 19, 1978, if the owner or operator of the 
source or modification submitted an application for a permit under those 
regulations before August 7, 1980, and the Administrator subsequently 
determines that the application as submitted before that date was 
complete. Instead, the requirements at 40 CFR 52.21(j) and (n) as in 
effect on June 19, 1978 apply to any such source or modification.
    (7)(i) The requirements for air quality monitoring in paragraphs 
(m)(1) (ii) through (iv) of this section shall not apply to a particular 
source or modification that was subject to 40 CFR 52.21 as in effect on 
June 19, 1978, if the owner or operator of the source or modification 
submits an application for a permit under this section on or before June 
8, 1981, and the Administrator subsequently determines that the 
application as submitted before that date was complete with respect to 
the requirements of this section other than those in paragraphs (m)(1) 
(ii) through (iv) of this section, and with respect to the requirements 
for such analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978. 
Instead, the latter requirements shall apply to any such source or 
modification.
    (ii) The requirements for air quality monitoring in paragraphs 
(m)(1) (ii) through (iv) of this section shall not apply to a particular 
source or modification that was not subject to 40 CFR 52.21 as in effect 
on June 19, 1978, if the owner or operator of the source or modification 
submits an application for a permit under this section on or before June 
8, 1981, and the Administrator subsequently determines that the 
application as submitted before that date was complete, except with 
respect to the requirements in paragraphs (m)(1) (ii) through (iv).
    (8)(i) At the discretion of the Administrator, the requirements for 
air quality monitoring of PM10 in paragraphs (m)(1) (i)--(iv) 
of this section may not apply to a particular source or modification 
when the owner or operator of the source or modification submits an 
application for a permit under this section on or before June 1, 1988 
and the Administrator subsequently determines that the application as 
submitted before that date was complete, except with respect to the 
requirements for monitoring particulate matter in paragraphs (m)(1) (i)-
-(iv).
    (ii) The requirements for air quiality monitoring pf PM10 
in paragraphs (m)(1), (ii) and (iv) and (m)(3) of this section shall 
apply to a particular source or modification if the owner or operator of 
the source or modification

[[Page 32]]

submits an application for a permit under this section after June 1, 
1988 and no later than December 1, 1988. The data shall have been 
gathered over at least the period from February 1, 1988 to the date the 
application becomes otherwise complete in accordance with the provisions 
set forth under paragraph (m)(1)(viii) of this section, except that if 
the Administrator determines that a complete and adequate analysis can 
be accomplished with monitoring data over a shorter period (not to be 
less than 4 months), the data that paragraph (m)(1)(iii) requires shall 
have been gathered over a shorter period.
    (9) The requirements of paragraph (k)(2) of this section shall not 
apply to a stationary source or modification with respect to any maximum 
allowable increase for nitrogen oxides if the owner or operator of the 
source or modification submitted an application for a permit under this 
section before the provisions embodying the maximum allowable increase 
took effect as part of the applicable implementation plan and the 
Administrator subsequently determined that the application as submitted 
before that date was complete.
    (10) The requirements in paragraph (k)(2) of this section shall not 
apply to a stationary source or modification with respect to any maximum 
allowable increase for PM-10 if (i) the owner or operator of the source 
or modification submitted an application for a permit under this section 
before the provisions embodying the maximum allowable increases for PM-
10 took effect in an implementation plan to which this section applies, 
and (ii) the Administrator subsequently determined that the application 
as submitted before that date was otherwise complete. Instead, the 
requirements in paragraph (k)(2) shall apply with respect to the maximum 
allowable increases for TSP as in effect on the date the application was 
submitted.
    (j) Control technology review. (1) A major stationary source or 
major modification shall meet each applicable emissions limitation under 
the State Implementation Plan and each applicable emissions standard and 
standard of performance under 40 CFR parts 60 and 61.
    (2) A new major stationary source shall apply best available control 
technology for each regulated NSR pollutant that it would have the 
potential to emit in significant amounts.
    (3) A major modification shall apply best available control 
technology for each regulated NSR pollutant for which it would result in 
a significant net emissions increase at the source. This requirement 
applies to each proposed emissions unit at which a net emissions 
increase in the pollutant would occur as a result of a physical change 
or change in the method of operation in the unit.
    (4) For phased construction projects, the determination of best 
available control technology shall be reviewed and modified as 
appropriate at the latest reasonable time which occurs no later than 18 
months prior to commencement of construction of each independent phase 
of the project. At such time, the owner or operator of the applicable 
stationary source may be required to demonstrate the adequacy of any 
previous determination of best available control technology for the 
source.
    (k) Source impact analysis. The owner or operator of the proposed 
source or modification shall demonstrate that allowable emission 
increases from the proposed source or modification, in conjunction with 
all other applicable emissions increases or reductions (including 
secondary emissions), would not cause or contribute to air pollution in 
violation of:
    (1) Any national ambient air quality standard in any air quality 
control region; or
    (2) Any applicable maximum allowable increase over the baseline 
concentration in any area.
    (l) Air quality models. (1) All estimates of ambient concentrations 
required under this paragraph shall be based on applicable air quality 
models, data bases, and other requirements specified in appendix W of 
part 51 of this chapter (Guideline on Air Quality Models).
    (2) Where an air quality model specified in appendix W of part 51 of 
this chapter (Guideline on Air Quality Models) is inappropriate, the 
model may be modified or another model substituted. Such a modification 
or substitution of

[[Page 33]]

a model may be made on a case-by-case basis or, where appropriate, on a 
generic basis for a specific state program. Written approval of the 
Administrator must be obtained for any modification or substitution. In 
addition, use of a modified or substituted model must be subject to 
notice and opportunity for public comment under procedures developed in 
accordance with paragraph (q) of this section.
    (m) Air quality analysis--(1) Preapplication analysis. (i) Any 
application for a permit under this section shall contain an analysis of 
ambient air quality in the area that the major stationary source or 
major modification would affect for each of the following pollutants:
    (a) For the source, each pollutant that it would have the potential 
to omit in a significant amount;
    (b) For the modification, each pollutant for which it would result 
in a significant net emissions increase.
    (ii) With respect to any such pollutant for which no National 
Ambient Air Quality Standard exists, the analysis shall contain such air 
quality monitoring data as the Administrator determines is necessary to 
assess ambient air quality for that pollutant in any area that the 
emissions of that pollutant would affect.
    (iii) With respect to any such pollutant (other than nonmethane 
hydrocarbons) for which such a standard does exist, the analysis shall 
contain continuous air quality monitoring data gathered for purposes of 
determining whether emissions of that pollutant would cause or 
contribute to a violation of the standard or any maximum allowable 
increase.
    (iv) In general, the continuous air quality monitoring data that is 
required shall have been gathered over a period of at least one year and 
shall represent at least the year preceding receipt of the application, 
except that, if the Administrator determines that a complete and 
adequate analysis can be accomplished with monitoring data gathered over 
a period shorter than one year (but not to be less than four months), 
the data that is required shall have been gathered over at least that 
shorter period.
    (v) For any application which becomes complete, except as to the 
requirements of paragraphs (m)(1) (iii) and (iv) of this section, 
between June 8, 1981, and February 9, 1982, the data that paragraph 
(m)(1)(iii) of this section, requires shall have been gathered over at 
least the period from February 9, 1981, to the date the application 
becomes otherwise complete, except that:
    (a) If the source or modification would have been major for that 
pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any 
monitoring data shall have been gathered over at least the period 
required by those regulations.
    (b) If the Administrator determines that a complete and adequate 
analysis can be accomplished with monitoring data over a shorter period 
(not to be less than four months), the data that paragraph (m)(1)(iii) 
of this section, requires shall have been gathered over at least that 
shorter period.
    (c) If the monitoring data would relate exclusively to ozone and 
would not have been required under 40 CFR 52.21 as in effect on June 19, 
1978, the Administrator may waive the otherwise applicable requirements 
of this paragraph (v) to the extent that the applicant shows that the 
monitoring data would be unrepresentative of air quality over a full 
year.
    (vi) The owner or operator of a proposed stationary source or 
modification of violatile organic compounds who satisfies all conditions 
of 40 CFR part 51 Appendix S, section IV may provide post-approval 
monitoring data for ozone in lieu of providing preconstruction data as 
requried under paragraph (m)(1) of this section.
    (vii) For any application that becomes complete, except as to the 
requirements of paragraphs (m)(1) (iii) and (iv) pertaining to 
PM10, after December 1, 1988 and no later than August 1, 1989 
the data that paragraph (m)(1)(iii) requires shall have been gathered 
over at least the period from August 1, 1988 to the date the application 
becomes otherwise complete, except that if the Administrator determines 
that a complete and adequate analysis can be accomplished with 
monitoring data over a shorter period (not to be less than 4 months), 
the data

[[Page 34]]

that paragraph (m)(1)(iii) requires shall have been gathered over that 
shorter period.
    (viii) With respect to any requirements for air quality monitoring 
of PM10 under paragraphs (i)(11) (i) and (ii) of this section 
the owner or operator of the source or modification shall use a 
monitoring method approved by the Administratorand shall estimate the 
ambient concentrations of PM10 using the data collected by 
such approved monitoring method in accordance with estimating procedures 
approved by the Administrator.
    (2) Post-construction monitoring. The owner or operator of a major 
stationary source or major modification shall, after construction of the 
stationary source or modification, conduct such ambient monitoring as 
the Administrator determines is necessary to determine the effect 
emissions from the stationary source or modification may have, or are 
having, on air quality in any area.
    (3) Operations of monitoring stations. The owner or operator of a 
major stationary source or major modification shall meet the 
requirements of Appendix B to part 58 of this chapter during the 
operation of monitoring stations for purposes of satisfying paragraph 
(m) of this section.
    (n) Source information. The owner or operator of a proposed source 
or modification shall submit all information necessary to perform any 
analysis or make any determination required under this section.
    (1) With respect to a source or modification to which paragraphs 
(j), (l), (n) and (p) of this section apply, such information shall 
include:
    (i) A description of the nature, location, design capacity, and 
typical operating schedule of the source or modification, including 
specifications and drawings showing its design and plant layout;
    (ii) A detailed schedule for construction of the source or 
modification;
    (iii) A detailed description as to what system of continuous 
emission reduction is planned for the source or modification, emission 
estimates, and any other information necessary to determine that best 
available control technology would be applied.
    (2) Upon request of the Administrator, the owner or operator shall 
also provide information on:
    (i) The air quality impact of the source or modification, including 
meteorological and topographical data necessary to estimate such impact; 
and
    (ii) The air quality impacts, and the nature and extent of any or 
all general commercial, residential, industrial, and other growth which 
has occurred since August 7, 1977, in the area the source or 
modification would affect.
    (o) Additional impact analyses. (1) The owner or operator shall 
provide an analysis of the impairment to visibility, soils and 
vegetation that would occur as a result of the source or modification 
and general commercial, residential, industrial and other growth 
associated with the source or modification. The owner or operator need 
not provide an analysis of the impact on vegetation having no 
significant commercial or recreational value.
    (2) The owner or operator shall provide an analysis of the air 
quality impact projected for the area as a result of general commercial, 
residential, industrial and other growth associated with the source or 
modification.
    (3) Visibility monitoring. The Administrator may require monitoring 
of visibility in any Federal class I area near the proposed new 
stationary source for major modification for such purposes and by such 
means as the Administrator deems necessary and appropriate.
    (p) Sources impacting Federal Class I areas--additional 
requirements--(1) Notice to Federal land managers. The Administrator 
shall provide written notice of any permit application for a proposed 
major stationary source or major modification, the emissions from which 
may affect a Class I area, to the Federal land manager and the Federal 
official charged with direct responsibility for management of any lands 
within any such area. Such notification shall include a copy of all 
information relevant to the permit application and shall be given within 
30 days of receipt and at least 60 days prior to any public hearing on 
the application for a permit to construct. Such notification shall 
include an analysis of the proposed source's anticipated impacts

[[Page 35]]

on visibility in the Federal Class I area. The Administrator shall also 
provide the Federal land manager and such Federal officials with a copy 
of the preliminary determination required under paragraph (q) of this 
section, and shall make available to them any materials used in making 
that determination, promptly after the Administrator makes such 
determination. Finally, the Administrator shall also notify all affected 
Federal land managers within 30 days of receipt of any advance 
notification of any such permit application.
    (2) Federal Land Manager. The Federal Land Manager and the Federal 
official charged with direct responsibility for management of such lands 
have an affirmative responsibility to protect the air quality related 
values (including visibility) of such lands and to consider, in 
consultation with the Administrator, whether a proposed source or 
modification will have an adverse impact on such values.
    (3) Visibility analysis. The Administrator shall consider any 
analysis performed by the Federal land manager, provided within 30 days 
of the notification required by paragraph (p)(1) of this section, that 
shows that a proposed new major stationary source or major modification 
may have an adverse impact on visibility in any Federal Class I area. 
Where the Administrator finds that such an analysis does not demonstrate 
to the satisfaction of the Administrator that an adverse impact on 
visibility will result in the Federal Class I area, the Administrator 
must, in the notice of public hearing on the permit application, either 
explain his decision or give notice as to where the explanation can be 
obtained.
    (4) Denial--impact on air quality related values. The Federal Land 
Manager of any such lands may demonstrate to the Administrator that the 
emissions from a proposed source or modification would have an adverse 
impact on the air quality-related values (including visibility) of those 
lands, notwithstanding that the change in air quality resulting from 
emissions from such source or modification would not cause or contribute 
to concentrations which would exceed the maximum allowable increases for 
a Class I area. If the Administrator concurs with such demonstration, 
then he shall not issue the permit.
    (5) Class I variances. The owner or operator of a proposed source or 
modification may demonstrate to the Federal Land Manager that the 
emissions from such source or modification would have no adverse impact 
on the air quality related values of any such lands (including 
visibility), notwithstanding that the change in air quality resulting 
from emissions from such source or modification would cause or 
contribute to concentrations which would exceed the maximum allowable 
increases for a Class I area. If the Federal land manager concurs with 
such demonstration and he so certifies, the State may authorize the 
Administrator: Provided, That the applicable requirements of this 
section are otherwise met, to issue the permit with such emission 
limitations as may be necessary to assure that emissions of sulfur 
dioxide, particulate matter, and nitrogen oxides would not exceed the 
following maximum allowable increases over minor source baseline 
concentration for such pollutants:

------------------------------------------------------------------------
                                                               Maximum
                                                              allowable
                                                               increase
                         Pollutant                           (micrograms
                                                              per cubic
                                                                meter)
------------------------------------------------------------------------
Particulate matter:
    PM-10, annual arithmetic mean..........................           17
    PM-10, 24-hr maximum...................................           30
Sulfur dioxide:
    Annual arithmetic mean.................................           20
    24-hr maximum..........................................           91
    3-hr maximum...........................................          325
Nitrogen dioxide:
    Annual arithmetic mean.................................           25
------------------------------------------------------------------------

    (6) Sulfur dioxide variance by Governor with Federal Land Manager's 
concurrence. The owner or operator of a proposed source or modification 
which cannot be approved under paragraph (q)(4) of this section may 
demonstrate to the Governor that the source cannot be constructed by 
reason of any maximum allowable increase for sulfur dioxide for a period 
of twenty-four hours or less applicable to any Class I area and, in the 
case of Federal mandatory Class I areas, that a variance under this 
clause would not adversely affect the air quality related values of the

[[Page 36]]

area (including visibility). The Governor, after consideration of the 
Federal Land Manager's recommendation (if any) and subject to his 
concurrence, may, after notice and public hearing, grant a variance from 
such maximum allowable increase. If such variance is granted, the 
Administrator shall issue a permit to such source or modification 
pursuant to the requirements of paragraph (q)(7) of this section: 
Provided, That the applicable requirements of this section are otherwise 
met.
    (7) Variance by the Governor with the President's concurrence. In 
any case where the Governor recommends a variance in which the Federal 
Land Manager does not concur, the recommendations of the Governor and 
the Federal Land Manager shall be transmitted to the President. The 
President may approve the Governor's recommendation if he finds that the 
variance is in the national interest. If the variance is approved, the 
Administrator shall issue a permit pursuant to the requirements of 
paragraph (q)(7) of this section: Provided, That the applicable 
requirements of this section are otherwise met.
    (8) Emission limitations for Presidential or gubernatorial variance. 
In the case of a permit issued pursuant to paragraph (q) (5) or (6) of 
this section the source or modification shall comply with such emission 
limitations as may be necessary to assure that emissions of sulfur 
dioxide from the source or modification would not (during any day on 
which the otherwise applicable maximum allowable increases are exceeded) 
cause or contribute to concentrations which would exceed the following 
maximum allowable increases over the baseline concentration and to 
assure that such emissions would not cause or contribute to 
concentrations which exceed the otherwise applicable maximum allowable 
increases for periods of exposure of 24 hours or less for more than 18 
days, not necessarily consecutive, during any annual period:

                       Maximum Allowable Increase
                      [Micrograms per cubic meter]
------------------------------------------------------------------------
                                                         Terrain areas
                 Period of exposure                  -------------------
                                                         Low      High
------------------------------------------------------------------------
24-hr maximum.......................................        36        62
3-hr maximum........................................       130       221
------------------------------------------------------------------------

    (q) Public participation. The Administrator shall follow the 
applicable procedures of 40 CFR part 124 in processing applications 
under this section. The Administrator shall follow the procedures at 40 
CFR 52.21(r) as in effect on June 19, 1979, to the extent that the 
procedures of 40 CFR part 124 do not apply.
    (r) Source obligation. (1) Any owner or operator who constructs or 
operates a source or modification not in accordance with the application 
submitted pursuant to this section or with the terms of any approval to 
construct, or any owner or operator of a source or modification subject 
to this section who commences construction after the effective date of 
these regulations without applying for and receiving approval hereunder, 
shall be subject to appropriate enforcement action.
    (2) Approval to construct shall become invalid if construction is 
not commenced within 18 months after receipt of such approval, if 
construction is discontinued for a period of 18 months or more, or if 
construction is not completed within a reasonable time. The 
Administrator may extend the 18-month period upon a satisfactory showing 
that an extension is justified. This provision does not apply to the 
time period between construction of the approved phases of a phased 
construction project; each phase must commence construction within 18 
months of the projected and approved commencement date.
    (3) Approval to construct shall not relieve any owner or operator of 
the responsibility to comply fully with applicable provisions of the 
State implementation plan and any other requirements under local, State, 
or Federal law.
    (4) At such time that a particular source or modification becomes a 
major stationary source or major modification solely by virtue of a 
relaxation in any enforceable limitation which was established after 
August 7,

[[Page 37]]

1980, on the capacity of the source or modification otherwise to emit a 
pollutant, such as a restriction on hours of operation, then the 
requirements or paragraphs (j) through (s) of this section shall apply 
to the source or modification as though construction had not yet 
commenced on the source or modification.
    (5) [Reserved]
    (6) The provisions of this paragraph (r)(6) apply to projects at an 
existing emissions unit at a major stationary source (other than 
projects at a Clean Unit or at a source with a PAL) in circumstances 
where there is a reasonable possibility that a project that is not a 
part of a major modification may result in a significant emissions 
increase and the owner or operator elects to use the method specified in 
paragraphs (b)(41)(ii)(a) through (c) of this section for calculating 
projected actual emissions.
    (i) Before beginning actual construction of the project, the owner 
or operator shall document and maintain a record of the following 
information:
    (a) A description of the project;
    (b) Identification of the emissions unit(s) whose emissions of a 
regulated NSR pollutant could be affected by the project; and
    (c) A description of the applicability test used to determine that 
the project is not a major modification for any regulated NSR pollutant, 
including the baseline actual emissions, the projected actual emissions, 
the amount of emissions excluded under paragraph (b)(41)(ii)(c) of this 
section and an explanation for why such amount was excluded, and any 
netting calculations, if applicable.
    (ii) If the emissions unit is an existing electric utility steam 
generating unit, before beginning actual construction, the owner or 
operator shall provide a copy of the information set out in paragraph 
(r)(6)(i) of this section to the Administrator. Nothing in this 
paragraph (r)(6)(ii) shall be construed to require the owner or operator 
of such a unit to obtain any determination from the Administrator before 
beginning actual construction.
    (iii) The owner or operator shall monitor the emissions of any 
regulated NSR pollutant that could increase as a result of the project 
and that is emitted by any emissions unit identified in paragraph 
(r)(6)(i)(b) of this section; and calculate and maintain a record of the 
annual emissions, in tons per year on a calendar year basis, for a 
period of 5 years following resumption of regular operations after the 
change, or for a period of 10 years following resumption of regular 
operations after the change if the project increases the design capacity 
of or potential to emit that regulated NSR pollutant at such emissions 
unit.
    (iv) If the unit is an existing electric utility steam generating 
unit, the owner or operator shall submit a report to the Administrator 
within 60 days after the end of each year during which records must be 
generated under paragraph (r)(6)(iii) of this section setting out the 
unit's annual emissions during the calendar year that preceded 
submission of the report.
    (v) If the unit is an existing unit other than an electric utility 
steam generating unit, the owner or operator shall submit a report to 
the Administrator if the annual emissions, in tons per year, from the 
project identified in paragraph (r)(6)(i) of this section, exceed the 
baseline actual emissions (as documented and maintained pursuant to 
paragraph (r)(6)(i)(c) of this section), by a significant amount (as 
defined in paragraph (b)(23) of this section) for that regulated NSR 
pollutant, and if such emissions differ from the preconstruction 
projection as documented and maintained pursuant to paragraph 
(r)(6)(i)(c) of this section. Such report shall be submitted to the 
Administrator within 60 days after the end of such year. The report 
shall contain the following:
    (a) The name, address and telephone number of the major stationary 
source;
    (b) The annual emissions as calculated pursuant to paragraph 
(r)(6)(iii) of this section; and
    (c) Any other information that the owner or operator wishes to 
include in the report (e.g., an explanation as to why the emissions 
differ from the preconstruction projection).
    (7) The owner or operator of the source shall make the information 
required to be documented and maintained pursuant to paragraph (r)(6) of

[[Page 38]]

this section available for review upon a request for inspection by the 
Administrator or the general public pursuant to the requirements 
contained in Sec. 70.4(b)(3)(viii) of this chapter.
    (s) Environmental impact statements. Whenever any proposed source or 
modification is subject to action by a Federal Agency which might 
necessitate preparation of an environmental impact statement pursuant to 
the National Environmental Policy Act (42 U.S.C. 4321), review by the 
Administrator conducted pursuant to this section shall be coordinated 
with the broad environmental reviews under that Act and under section 
309 of the Clean Air Act to the maximum extent feasible and reasonable.
    (t) Disputed permits or redesignations. If any State affected by the 
redesignation of an area by an Indian Governing Body, or any Indian 
Governing Body of a tribe affected by the redesignation of an area by a 
State, disagrees with such redesignation, or if a permit is proposed to 
be issued for any major stationary source or major modification proposed 
for construction in any State which the Governor of an affected State or 
Indian Governing Body of an affected tribe determines will cause or 
contribute to a cumulative change in air quality in excess of that 
allowed in this part within the affected State or Indian Reservation, 
the Governor or Indian Governing Body may request the Administrator to 
enter into negotiations with the parties involved to resolve such 
dispute. If requested by any State or Indian Governing Body involved, 
the Administrator shall make a recommendation to resolve the dispute and 
protect the air quality related values of the lands involved. If the 
parties involved do not reach agreement, the Administrator shall resolve 
the dispute and his determination, or the results of agreements reached 
through other means, shall become part of the applicable State 
implementation plan and shall be enforceable as part of such plan. In 
resolving such disputes relating to area redesignation, the 
Administrator shall consider the extent to which the lands involved are 
of sufficient size to allow effective air quality management or have air 
quality related values of such an area.
    (u) Delegation of authority. (1) The Administrator shall have the 
authority to delegate his responsibility for conducting source review 
pursuant to this section, in accordance with paragraphs (v) (2) and (3) 
of this section.
    (2) Where the Administrator delegates the responsibility for 
conducting source review under this section to any agency other than a 
Regional Office of the Environmental Protection Agency, the following 
provisions shall apply:
    (i) Where the delegate agency is not an air pollution control 
agency, it shall consult with the appropriate State and local air 
pollution control agency prior to making any determination under this 
section. Similarly, where the delegate agency does not have continuing 
responsibility for managing land use, it shall consult with the 
appropriate State and local agency primarily responsible for managing 
land use prior to making any determination under this section.
    (ii) The delegate agency shall send a copy of any public comment 
notice required under paragraph (r) of this section to the Administrator 
through the appropriate Regional Office.
    (3) The Administrator's authority for reviewing a source or 
modification located on an Indian Reservation shall not be redelegated 
other than to a Regional Office of the Environmental Protection Agency, 
except where the State has assumed jurisdiction over such land under 
other laws. Where the State has assumed such jurisdiction, the 
Administrator may delegate his authority to the States in accordance 
with paragraph (v)(2) of this section.
    (4) In the case of a source or modification which proposes to 
construct in a class III area, emissions from which would cause or 
contribute to air quality exceeding the maximum allowable increase 
applicable if the area were designated a class II area, and where no 
standard under section 111 of the act has been promulgated for such 
source category, the Administrator must approve the determination of 
best available control technology as set forth in the permit.
    (v) Innovative control technology. (1) An owner or operator of a 
proposed major stationary source or major

[[Page 39]]

modification may request the Administrator in writing no later than the 
close of the comment period under 40 CFR 124.10 to approve a system of 
innovative control technology.
    (2) The Administrator shall, with the consent of the governor(s) of 
the affected state(s), determine that the source or modification may 
employ a system of innovative control technology, if: --
    (i) The proposed control system would not cause or contribute to an 
unreasonable risk to public health, welfare, or safety in its operation 
or function;
    (ii) The owner or operator agrees to achieve a level of continuous 
emissions reduction equivalent to that which would have been required 
under paragraph (j)(2) of this section, by a date specified by the 
Administrator. Such date shall not be later than 4 years from the time 
of startup or 7 years from permit issuance;
    (iii) The source or modification would meet the requirements of 
paragraphs (j) and (k) of this section, based on the emissions rate that 
the stationary source employing the system of innovative control 
technology would be required to meet on the date specified by the 
Administrator;
    (iv) The source or modification would not before the date specified 
by the Administrator:
    (a) Cause or contribute to a violation of an applicable national 
ambient air quality standard; or
    (b) Impact any area where an applicable increment is known to be 
violated; and
    (v) All other applicable requirements including those for public 
participation have been met.
    (vi) The provisions of paragraph (p) of this section (relating to 
Class I areas) have been satisfied with respect to all periods during 
the life of the source or modification.
    (3) The Administrator shall withdraw any approval to employ a system 
of innovative control technology made under this section, if:
    (i) The proposed system fails by the specified date to achieve the 
required continuous emissions reduction rate; or
    (ii) The proposed system fails before the specified date so as to 
contribute to an unreasonable risk to public health, welfare, or safety; 
or
    (iii) The Administrator decides at any time that the proposed system 
is unlikely to achieve the required level of control or to protect the 
public health, welfare, or safety.
    (4) If a source or modification fails to meet the required level of 
continuous emission reduction within the specified time period or the 
approval is withdrawn in accordance with paragraph (v)(3) of this 
section, the Administrator may allow the source or modification up to an 
additional 3 years to meet the requirement for the application of best 
available control technology through use of a demonstrated system of 
control.
    (w) Permit rescission. (1) Any permit issued under this section or a 
prior version of this section shall remain in effect, unless and until 
it expires under paragraph (s) of this section or is rescinded.
    (2) Any owner or operator of a stationary source or modification who 
holds a permit for the source or modification which was issued under 40 
CFR 52.21 as in effect on July 30, 1987, or any earlier version of this 
section, may request that the Administrator rescind the permit or a 
particular portion of the permit.
    (3) The Administrator shall grant an application for rescission if 
the application shows that this section would not apply to the source or 
modification.
    (4) If the Administrator rescinds a permit under this paragraph, the 
public shall be given adequate notice of the rescission. Publication of 
an announcement of rescission in a newspaper of general circulation in 
the affected region within 60 days of the rescission shall be considered 
adequate notice.
    (x) Clean Unit Test for emissions units that are subject to BACT or 
LAER. An owner or operator of a major stationary source has the option 
of using the Clean Unit Test to determine whether emissions increases at 
a Clean Unit are part of a project that is a major modification 
according to the provisions in paragraphs (x)(1) through (9) of this 
section.

[[Page 40]]

    (1) Applicability. The provisions of this paragraph (x) apply to any 
emissions unit for which a reviewing authority has issued a major NSR 
permit within the last 10 years.
    (2) General provisions for Clean Units. The provisions in paragraphs 
(x)(2)(i) through (iv) of this section apply to a Clean Unit.
    (i) Any project for which the owner or operator begins actual 
construction after the effective date of the Clean Unit designation (as 
determined in accordance with paragraph (x)(4) of this section) and 
before the expiration date (as determined in accordance with paragraph 
(x)(5) of this section) will be considered to have occurred while the 
emissions unit was a Clean Unit.
    (ii) If a project at a Clean Unit does not cause the need for a 
change in the emission limitations or work practice requirements in the 
permit for the unit that were adopted in conjunction with BACT and the 
project would not alter any physical or operational characteristics that 
formed the basis for the BACT determination as specified in paragraph 
(x)(6)(iv) of this section, the emissions unit remains a Clean Unit.
    (iii) If a project causes the need for a change in the emission 
limitations or work practice requirements in the permit for the unit 
that were adopted in conjunction with BACT or the project would alter 
any physical or operational characteristics that formed the basis for 
the BACT determination as specified in paragraph (x)(6)(iv) of this 
section, then the emissions unit loses its designation as a Clean Unit 
upon issuance of the necessary permit revisions (unless the unit re-
qualifies as a Clean Unit pursuant to paragraph (x)(3)(iii) of this 
section). If the owner or operator begins actual construction on the 
project without first applying to revise the emissions unit's permit, 
the Clean Unit designation ends immediately prior to the time when 
actual construction begins.
    (iv) A project that causes an emissions unit to lose its designation 
as a Clean Unit is subject to the applicability requirements of 
paragraphs (a)(2)(iv)(a) through (d) and paragraph (a)(2)(iv)(f) of this 
section as if the emissions unit is not a Clean Unit.
    (3) Qualifying or re-qualifying to use the Clean Unit Applicability 
Test. An emissions unit automatically qualifies as a Clean Unit when the 
unit meets the criteria in paragraphs (x)(3)(i) and (ii) of this 
section. After the original Clean Unit expires in accordance with 
paragraph (x)(5) of this section or is lost pursuant to paragraph 
(x)(2)(iii) of this section, such emissions unit may re-qualify as a 
Clean Unit under either paragraph (x)(3)(iii) of this section, or under 
the Clean Unit provisions in paragraph (y) of this section. To re-
qualify as a Clean Unit under paragraph (x)(3)(iii) of this section, the 
emissions unit must obtain a new major NSR permit issued through the 
applicable PSD program and meet all the criteria in paragraph 
(x)(3)(iii) of this section. The Clean Unit designation applies 
individually for each pollutant emitted by the emissions unit.
    (i) Permitting requirement. The emissions unit must have received a 
major NSR permit within the last 10 years. The owner or operator must 
maintain and be able to provide information that would demonstrate that 
this permitting requirement is met.
    (ii) Qualifying air pollution control technologies. Air pollutant 
emissions from the emissions unit must be reduced through the use of air 
pollution control technology (which includes pollution prevention as 
defined under paragraph (b)(39) of this section or work practices) that 
meets both the following requirements in paragraphs (x)(3)(ii)(a) and 
(b) of this section.
    (a) The control technology achieves the BACT or LAER level of 
emissions reductions as determined through issuance of a major NSR 
permit within the past 10 years. However, the emissions unit is not 
eligible for the Clean Unit designation if the BACT determination 
resulted in no requirement to reduce emissions below the level of a 
standard, uncontrolled, new emissions unit of the same type.
    (b) The owner or operator made an investment to install the control 
technology. For the purpose of this determination, an investment 
includes expenses to research the application of a pollution prevention 
technique to the emissions unit or expenses to apply a

[[Page 41]]

pollution prevention technique to an emissions unit.
    (iii) Re-qualifying for the Clean Unit designation. The emissions 
unit must obtain a new major NSR permit that requires compliance with 
the current-day BACT (or LAER), and the emissions unit must meet the 
requirements in paragraphs (x)(3)(i) and (x)(3)(ii) of this section.
    (4) Effective date of the Clean Unit designation. The effective date 
of an emissions unit's Clean Unit designation (that is, the date on 
which the owner or operator may begin to use the Clean Unit Test to 
determine whether a project at the emissions unit is a major 
modification) is determined according to the applicable paragraph 
(x)(4)(i) or (x)(4)(ii) of this section.
    (i) Original Clean Unit designation, and emissions units that re-
qualify as Clean Units by implementing new control technology to meet 
current-day BACT. The effective date is the date the emissions unit's 
air pollution control technology is placed into service, or 3 years 
after the issuance date of the major NSR permit, whichever is earlier, 
but no sooner than March 3, 2003, that is the date these provisions 
become effective.
    (ii) Emissions units that re-qualify for the Clean Unit designation 
using an existing control technology. The effective date is the date the 
new, major NSR permit is issued.
    (5) Clean Unit expiration. An emissions unit's Clean Unit 
designation expires (that is, the date on which the owner or operator 
may no longer use the Clean Unit Test to determine whether a project 
affecting the emissions unit is, or is part of, a major modification) 
according to the applicable paragraph (x)(5)(i) or (ii) of this section.
    (i) Original Clean Unit designation, and emissions units that re-
qualify by implementing new control technology to meet current-day BACT. 
For any emissions unit that automatically qualifies as a Clean Unit 
under paragraphs (x)(3)(i) and (ii) of this section or re-qualifies by 
implementing new control technology to meet current-day BACT under 
paragraph (x)(3)(iii) of this section, the Clean Unit designation 
expires 10 years after the effective date, or the date the equipment 
went into service, whichever is earlier; or, it expires at any time the 
owner or operator fails to comply with the provisions for maintaining 
the Clean Unit designation in paragraph (x)(7) of this section.
    (ii) Emissions units that re-qualify for the Clean Unit designation 
using an existing control technology. For any emissions unit that re-
qualifies as a Clean Unit under paragraph (x)(3)(iii) of this section 
using an existing control technology, the Clean Unit designation expires 
10 years after the effective date; or, it expires any time the owner or 
operator fails to comply with the provisions for maintaining the Clean 
Unit designation in paragraph (x)(7) of this section.
    (6) Required title V permit content for a Clean Unit. After the 
effective date of the Clean Unit designation, and in accordance with the 
provisions of the applicable title V permit program under part 70 or 
part 71 of this chapter, but no later than when the title V permit is 
renewed, the title V permit for the major stationary source must include 
the following terms and conditions in paragraphs (x)(6)(i) through (vi) 
of this section related to the Clean Unit.
    (i) A statement indicating that the emissions unit qualifies as a 
Clean Unit and identifying the pollutant(s) for which this designation 
applies.
    (ii) The effective date of the Clean Unit designation. If this date 
is not known when the Clean Unit designation is initially recorded in 
the title V permit (e.g., because the air pollution control technology 
is not yet in service), the permit must describe the event that will 
determine the effective date (e.g., the date the control technology is 
placed into service). Once the effective date is determined, the owner 
or operator must notify the Administrator of the exact date. This 
specific effective date must be added to the source's title V permit at 
the first opportunity, such as a modification, revision, reopening, or 
renewal of the title V permit for any reason, whichever comes first, but 
in no case later than the next renewal.
    (iii) The expiration date of the Clean Unit designation. If this 
date is not known when the Clean Unit designation is initially recorded 
into the title V permit (e.g., because the air pollution control 
technology is not yet in

[[Page 42]]

service), then the permit must describe the event that will determine 
the expiration date (e.g., the date the control technology is placed 
into service). Once the expiration date is determined, the owner or 
operator must notify the Administrator of the exact date. The expiration 
date must be added to the source's title V permit at the first 
opportunity, such as a modification, revision, reopening, or renewal of 
the title V permit for any reason, whichever comes first, but in no case 
later than the next renewal.
    (iv) All emission limitations and work practice requirements adopted 
in conjunction with BACT, and any physical or operational 
characteristics which formed the basis for the BACT determination (e.g., 
possibly the emissions unit's capacity or throughput).
    (v) Monitoring, recordkeeping, and reporting requirements as 
necessary to demonstrate that the emissions unit continues to meet the 
criteria for maintaining the Clean Unit designation. (See paragraph 
(x)(7) of this section.)
    (vi) Terms reflecting the owner or operator's duties to maintain the 
Clean Unit designation and the consequences of failing to do so, as 
presented in paragraph (x)(7) of this section.
    (7) Maintaining the Clean Unit designation. To maintain the Clean 
Unit designation, the owner or operator must conform to all the 
restrictions listed in paragraphs (x)(7)(i) through (iii) of this 
section. This paragraph (x)(7) applies independently to each pollutant 
for which the emissions unit has the Clean Unit designation. That is, 
failing to conform to the restrictions for one pollutant affects the 
Clean Unit designation only for that pollutant.
    (i) The Clean Unit must comply with the emission limitation(s) and/
or work practice requirements adopted in conjunction with the BACT that 
is recorded in the major NSR permit, and subsequently reflected in the 
title V permit. The owner or operator may not make a physical change in 
or change in the method of operation of the Clean Unit that causes the 
emissions unit to function in a manner that is inconsistent with the 
physical or operational characteristics that formed the basis for the 
BACT determination (e.g., possibly the emissions unit's capacity or 
throughput).
    (ii) The Clean Unit must comply with any terms and conditions in the 
title V permit related to the unit's Clean Unit designation.
    (iii) The Clean Unit must continue to control emissions using the 
specific air pollution control technology that was the basis for its 
Clean Unit designation. If the emissions unit or control technology is 
replaced, then the Clean Unit designation ends.
    (8) Netting at Clean Units. Emissions changes that occur at a Clean 
Unit must not be included in calculating a significant net emissions 
increase (that is, must not be used in a ``netting analysis''), unless 
such use occurs before the effective date of the Clean Unit designation, 
or after the Clean Unit designation expires; or, unless the emissions 
unit reduces emissions below the level that qualified the unit as a 
Clean Unit. However, if the Clean Unit reduces emissions below the level 
that qualified the unit as a Clean Unit, then the owner or operator may 
generate a credit for the difference between the level that qualified 
the unit as a Clean Unit and the new emissions limit if such reductions 
are surplus, quantifiable, and permanent. For purposes of generating 
offsets, the reductions must also be federally enforceable. For purposes 
of determining creditable net emissions increases and decreases, the 
reductions must also be enforceable as a practical matter.
    (9) Effect of redesignation on the Clean Unit designation. The Clean 
Unit designation of an emissions unit is not affected by re-designation 
of the attainment status of the area in which it is located. That is, if 
a Clean Unit is located in an attainment area and the area is 
redesignated to nonattainment, its Clean Unit designation is not 
affected. Similarly, redesignation from nonattainment to attainment does 
not affect the Clean Unit designation. However, if an existing Clean 
Unit designation expires, it must re-qualify under the requirements that 
are currently applicable in the area.
    (y) Clean Unit provisions for emissions units that achieve an 
emission limitation comparable to BACT. An owner or operator of a major 
stationary source has

[[Page 43]]

the option of using the Clean Unit Test to determine whether emissions 
increases at a Clean Unit are part of a project that is a major 
modification according to the provisions in paragraphs (y)(1) through 
(11) of this section.
    (1) Applicability. The provisions of this paragraph (y) apply to 
emissions units which do not qualify as Clean Units under paragraph (x) 
of this section, but which are achieving a level of emissions control 
comparable to BACT, as determined by the Administrator in accordance 
with this paragraph (y).
    (2) General provisions for Clean Units. The provisions in paragraphs 
(y)(2)(i) through (iv) of this section apply to a Clean Unit (designated 
under this paragraph (y)).
    (i) Any project for which the owner or operator begins actual 
construction after the effective date of the Clean Unit designation (as 
determined in accordance with paragraph (y)(5) of this section) and 
before the expiration date (as determined in accordance with paragraph 
(y)(6) of this section) will be considered to have occurred while the 
emissions unit was a Clean Unit.
    (ii) If a project at a Clean Unit does not cause the need for a 
change in the emission limitations or work practice requirements in the 
permit for the unit that have been determined (pursuant to paragraph 
(y)(4) of this section) to be comparable to BACT, and the project would 
not alter any physical or operational characteristics that formed the 
basis for determining that the emissions unit's control technology 
achieves a level of emissions control comparable to BACT as specified in 
paragraph (y)(8)(iv) of this section, the emissions unit remains a Clean 
Unit.
    (iii) If a project causes the need for a change in the emission 
limitations or work practice requirements in the permit for the unit 
that have been determined (pursuant to paragraph (y)(4) of this section) 
to be comparable to BACT, or the project would alter any physical or 
operational characteristics that formed the basis for determining that 
the emissions unit's control technology achieves a level of emissions 
control comparable to BACT as specified in paragraph (y)(8)(iv) of this 
section, then the emissions unit loses its designation as a Clean Unit 
upon issuance of the necessary permit revisions (unless the unit re-
qualifies as a Clean Unit pursuant to paragraph (u)(3)(iv) of this 
section). If the owner or operator begins actual construction on the 
project without first applying to revise the emissions unit's permit, 
the Clean Unit designation ends immediately prior to the time when 
actual construction begins.
    (iv) A project that causes an emissions unit to lose its designation 
as a Clean Unit is subject to the applicability requirements of 
paragraphs (a)(2)(iv)(a) through (d) and paragraph (a)(2)(iv)(f) of this 
section as if the emissions unit is not a Clean Unit.
    (3) Qualifying or re-qualifying to use the Clean Unit applicability 
test. An emissions unit qualifies as a Clean Unit when the unit meets 
the criteria in paragraphs (y)(3)(i) through (iii) of this section. 
After the original Clean Unit designation expires in accordance with 
paragraph (y)(6) of this section or is lost pursuant to paragraph 
(y)(2)(iii) of this section, such emissions unit may re-qualify as a 
Clean Unit under either paragraph (y)(3)(iv) of this section, or under 
the Clean Unit provisions in paragraph (x) of this section. To re-
qualify as a Clean Unit under paragraph (y)(3)(iv) of this section, the 
emissions unit must obtain a new permit issued pursuant to the 
requirements in paragraphs (y)(7) and (8) of this section and meet all 
the criteria in paragraph (y)(3)(iv) of this section. The Administrator 
will make a separate Clean Unit designation for each pollutant emitted 
by the emissions unit for which the emissions unit qualifies as a Clean 
Unit.
    (i) Qualifying air pollution control technologies. Air pollutant 
emissions from the emissions unit must be reduced through the use of air 
pollution control technology (which includes pollution prevention as 
defined under paragraph (b)(39) of this section or work practices) that 
meets both the following requirements in paragraphs (y)(3)(i)(a) and (b) 
of this section.
    (a) The owner or operator has demonstrated that the emissions unit's 
control technology is comparable to BACT according to the requirements 
of

[[Page 44]]

paragraph (y)(4) of this section. However, the emissions unit is not 
eligible for a Clean Unit designation if its emissions are not reduced 
below the level of a standard, uncontrolled emissions unit of the same 
type (e.g., if the BACT determinations to which it is compared have 
resulted in a determination that no control measures are required).
    (b) The owner or operator made an investment to install the control 
technology. For the purpose of this determination, an investment 
includes expenses to research the application of a pollution prevention 
technique to the emissions unit or to retool the unit to apply a 
pollution prevention technique.
    (ii) Impact of emissions from the unit. The Administrator must 
determine that the allowable emissions from the emissions unit will not 
cause or contribute to a violation of any national ambient air quality 
standard or PSD increment, or adversely impact an air quality related 
value (such as visibility) that has been identified for a Federal Class 
I area by a Federal Land Manager and for which information is available 
to the general public.
    (iii) Date of installation. An emissions unit may qualify as a Clean 
Unit even if the control technology, on which the Clean Unit designation 
is based, was installed before March 3, 2003. However, for such 
emissions units, the owner or operator must apply for the Clean Unit 
designation before December 31, 2004. For technologies installed on and 
after March 3, 2003, the owner or operator must apply for the Clean Unit 
designation at the time the control technology is installed.
    (iv) Re-qualifying as a Clean Unit. The emissions unit must obtain a 
new permit (pursuant to requirements in paragraphs (y)(7) and (8) of 
this section) that demonstrates that the emissions unit's control 
technology is achieving a level of emission control comparable to 
current-day BACT, and the emissions unit must meet the requirements in 
paragraphs (y)(3)(i)(a) and (y)(3)(ii) of this section.
    (4) Demonstrating control effectiveness comparable to BACT. The 
owner or operator may demonstrate that the emissions unit's control 
technology is comparable to BACT for purposes of paragraph (y)(3)(i) of 
this section according to either paragraph (y)(4)(i) or (ii) of this 
section. Paragraph (y)(4)(iii) of this section specifies the time for 
making this comparison.
    (i) Comparison to previous BACT and LAER determinations. The 
Administrator maintains an on-line data base of previous determinations 
of RACT, BACT, and LAER in the RACT/BACT/LAER Clearinghouse (RBLC). The 
emissions unit's control technology is presumed to be comparable to BACT 
if it achieves an emission limitation that is equal to or better than 
the average of the emission limitations achieved by all the sources for 
which a BACT or LAER determination has been made within the preceding 5 
years and entered into the RBLC, and for which it is technically 
feasible to apply the BACT or LAER control technology to the emissions 
unit. The Administrator shall also compare this presumption to any 
additional BACT or LAER determinations of which he or she is aware, and 
shall consider any information on achieved-in-practice pollution control 
technologies provided during the public comment period, to determine 
whether any presumptive determination that the control technology is 
comparable to BACT is correct.
    (ii) The substantially-as-effective test. The owner or operator may 
demonstrate that the emissions unit's control technology is 
substantially as effective as BACT. In addition, any other person may 
present evidence related to whether the control technology is 
substantially as effective as BACT during the public participation 
process required under paragraph (y)(7) of this section. The 
Administrator shall consider such evidence on a case-by-case basis and 
determine whether the emissions unit's air pollution control technology 
is substantially as effective as BACT.
    (iii) Time of comparison. (a) Emissions units with control 
technologies that are installed before March 3, 2003. The owner or 
operator of an emissions unit whose control technology is installed 
before March 3, 2003 may, at its option, either demonstrate that the 
emission limitation achieved by the emissions unit's control technology 
is comparable to the BACT requirements that applied at the time the 
control technology was

[[Page 45]]

installed, or demonstrate that the emission limitation achieved by the 
emissions unit's control technology is comparable to current-day BACT 
requirements. The expiration date of the Clean Unit designation will 
depend on which option the owner or operator uses, as specified in 
paragraph (y)(6) of this section.
    (b) Emissions units with control technologies that are installed on 
and after March 3, 2003. The owner or operator must demonstrate that the 
emission limitation achieved by the emissions unit's control technology 
is comparable to current-day BACT requirements.
    (5) Effective date of the Clean Unit designation. The effective date 
of an emissions unit's Clean Unit designation (that is, the date on 
which the owner or operator may begin to use the Clean Unit Test to 
determine whether a project involving the emissions unit is a major 
modification) is the date that the permit required by paragraph (y)(7) 
of this section is issued or the date that the emissions unit's air 
pollution control technology is placed into service, whichever is later.
    (6) Clean Unit expiration. If the owner or operator demonstrates 
that the emission limitation achieved by the emissions unit's control 
technology is comparable to the BACT requirements that applied at the 
time the control technology was installed, then the Clean Unit 
designation expires 10 years from the date that the control technology 
was installed. For all other emissions units, the Clean Unit designation 
expires 10 years from the effective date of the Clean Unit designation, 
as determined according to paragraph (y)(5) of this section. In 
addition, for all emissions units, the Clean Unit designation expires 
any time the owner or operator fails to comply with the provisions for 
maintaining the Clean Unit designation in paragraph (y)(9) of this 
section.
    (7) Procedures for designating emissions units as Clean Units. The 
Administrator shall designate an emissions unit a Clean Unit only by 
issuing a permit through a permitting program that has been approved by 
the Administrator and that conforms with the requirements of 
Secs. 51.160 through 51.164 of this chapter including requirements for 
public notice of the proposed Clean Unit designation and opportunity for 
public comment. Such permit must also meet the requirements in paragraph 
(y)(8) of this section.
    (8) Required permit content. The permit required by paragraph (y)(7) 
of this section shall include the terms and conditions set forth in 
paragraphs (y)(8)(i) through (vi) of this section. Such terms and 
conditions shall be incorporated into the major stationary source's 
title V permit in accordance with the provisions of the applicable title 
V permit program under part 70 or part 71 of this chapter, but no later 
than when the title V permit is renewed.
    (i) A statement indicating that the emissions unit qualifies as a 
Clean Unit and identifying the pollutant(s) for which this designation 
applies.
    (ii) The effective date of the Clean Unit designation. If this date 
is not known when the Administrator issues the permit (e.g., because the 
air pollution control technology is not yet in service), then the permit 
must describe the event that will determine the effective date (e.g., 
the date the control technology is placed into service). Once the 
effective date is known, then the owner or operator must notify the 
Administrator of the exact date. This specific effective date must be 
added to the source's title V permit at the first opportunity, such as a 
modification, revision, reopening, or renewal of the title V permit for 
any reason, whichever comes first, but in no case later than the next 
renewal.
    (iii) The expiration date of the Clean Unit designation. If this 
date is not known when the Administrator issues the permit (e.g., 
because the air pollution control technology is not yet in service), 
then the permit must describe the event that will determine the 
expiration date (e.g., the date the control technology is placed into 
service). Once the expiration date is known, then the owner or operator 
must notify the Administrator of the exact date. The expiration date 
must be added to the source's title V permit at the first opportunity, 
such as a modification, revision, reopening, or renewal of the title V 
permit for any reason, whichever

[[Page 46]]

comes first, but in no case later than the next renewal.
    (iv) All emission limitations and work practice requirements adopted 
in conjunction with emission limitations necessary to assure that the 
control technology continues to achieve an emission limitation 
comparable to BACT, and any physical or operational characteristics that 
formed the basis for determining that the emissions unit's control 
technology achieves a level of emissions control comparable to BACT 
(e.g., possibly the emissions unit's capacity or throughput).
    (v) Monitoring, recordkeeping, and reporting requirements as 
necessary to demonstrate that the emissions unit continues to meet the 
criteria for maintaining its Clean Unit designation. (See paragraph 
(y)(9) of this section.)
    (vi) Terms reflecting the owner or operator's duties to maintain the 
Clean Unit designation and the consequences of failing to do so, as 
presented in paragraph (y)(9) of this section.
    (9) Maintaining a Clean Unit designation. To maintain the Clean Unit 
designation, the owner or operator must conform to all the restrictions 
listed in paragraphs (y)(9)(i) through (v) of this section. This 
paragraph (y)(9) applies independently to each pollutant for which the 
Administrator has designated the emissions unit a Clean Unit. That is, 
failing to conform to the restrictions for one pollutant affects the 
Clean Unit designation only for that pollutant.
    (i) The Clean Unit must comply with the emission limitation(s) and/
or work practice requirements adopted to ensure that the control 
technology continues to achieve emission control comparable to BACT.
    (ii) The owner or operator may not make a physical change in or 
change in the method of operation of the Clean Unit that causes the 
emissions unit to function in a manner that is inconsistent with the 
physical or operational characteristics that formed the basis for the 
determination that the control technology is achieving a level of 
emission control that is comparable to BACT (e.g., possibly the 
emissions unit's capacity or throughput).
    (iii) [Reserved]
    (iv) The Clean Unit must comply with any terms and conditions in the 
title V permit related to the unit's Clean Unit designation.
    (v) The Clean Unit must continue to control emissions using the 
specific air pollution control technology that was the basis for its 
Clean Unit designation. If the emissions unit or control technology is 
replaced, then the Clean Unit designation ends.
    (10) Netting at Clean Units. Emissions changes that occur at a Clean 
Unit must not be included in calculating a significant net emissions 
increase (that is, must not be used in a ``netting analysis'') unless 
such use occurs before March 3, 2003 or after the Clean Unit designation 
expires; or, unless the emissions unit reduces emissions below the level 
that qualified the unit as a Clean Unit. However, if the Clean Unit 
reduces emissions below the level that qualified the unit as a Clean 
Unit, then the owner or operator may generate a credit for the 
difference between the level that qualified the unit as a Clean Unit and 
the emissions unit's new emissions limit if such reductions are surplus, 
quantifiable, and permanent. For purposes of generating offsets, the 
reductions must also be federally enforceable. For purposes of 
determining creditable net emissions increases and decreases, the 
reductions must also be enforceable as a practical matter.
    (11) Effect of redesignation on a Clean Unit designation. The Clean 
Unit designation of an emissions unit is not affected by redesignation 
of the attainment status of the area in which it is located. That is, if 
a Clean Unit is located in an attainment area and the area is 
redesignated to nonattainment, its Clean Unit designation is not 
affected. Similarly, redesignation from nonattainment to attainment does 
not affect the Clean Unit designation. However, if a Clean Unit's 
designation expires or is lost pursuant to paragraphs (x)(2)(iii) and 
(y)(2)(iii) of this section, it must re-qualify under the requirements 
that are currently applicable.
    (z) PCP exclusion procedural requirements. PCPs shall be provided 
according to the provisions in paragraphs (z)(1) through (6) of this 
section.
    (1) Before an owner or operator begins actual construction of a PCP, 
the

[[Page 47]]

owner or operator must either submit a notice to the Administrator if 
the project is listed in paragraphs (b)(32)(i) through (vi) of this 
section, or if the project is not listed in paragraphs (b)(32)(i) 
through (vi) of this section, then the owner or operator must submit a 
permit application and obtain approval to use the PCP exclusion from the 
Administrator consistent with the requirements in paragraph (z)(5) of 
this section. Regardless of whether the owner or operator submits a 
notice or a permit application, the project must meet the requirements 
in paragraph (z)(2) of this section, and the notice or permit 
application must contain the information required in paragraph (z)(3) of 
this section.
    (2) Any project that relies on the PCP exclusion must meet the 
requirements of paragraphs (z)(2)(i) and (ii) of this section.
    (i) Environmentally beneficial analysis. The environmental benefit 
from the emissions reductions of pollutants regulated under the Act must 
outweigh the environmental detriment of emissions increases in 
pollutants regulated under the Act. A statement that a technology from 
paragraphs (b)(32)(i) through (vi) of this section is being used shall 
be presumed to satisfy this requirement.
    (ii) Air quality analysis. The emissions increases from the project 
will not cause or contribute to a violation of any national ambient air 
quality standard or PSD increment, or adversely impact an air quality 
related value (such as visibility) that has been identified for a 
Federal Class I area by a Federal Land Manager and for which information 
is available to the general public.
    (3) Content of notice or permit application. In the notice or permit 
application sent to the Administrator, the owner or operator must 
include, at a minimum, the information listed in paragraphs (z)(3)(i) 
through (v) of this section.
    (i) A description of the project.
    (ii) The potential emissions increases and decreases of any 
pollutant regulated under the Act and the projected emissions increases 
and decreases using the methodology in paragraph (a)(2)(iv) of this 
section, that will result from the project, and a copy of the 
environmentally beneficial analysis required by paragraph (z)(2)(i) of 
this section.
    (iii) A description of monitoring and recordkeeping, and all other 
methods, to be used on an ongoing basis to demonstrate that the project 
is environmentally beneficial. Methods should be sufficient to meet the 
requirements in part 70 and part 71 of this chapter.
    (iv) A certification that the project will be designed and operated 
in a manner that is consistent with proper industry and engineering 
practices, in a manner that is consistent with the environmentally 
beneficial analysis and air quality analysis required by paragraphs 
(z)(2)(i) and (ii) of this section, with information submitted in the 
notice or permit application, and in such a way as to minimize, within 
the physical configuration and operational standards usually associated 
with the emissions control device or strategy, emissions of collateral 
pollutants.
    (v) Demonstration that the PCP will not have an adverse air quality 
impact (e.g., modeling, screening level modeling results, or a statement 
that the collateral emissions increase is included within the parameters 
used in the most recent modeling exercise) as required by paragraph 
(z)(2)(ii) of this section. An air quality impact analysis is not 
required for any pollutant that will not experience a significant 
emissions increase as a result of the project.
    (4) Notice process for listed projects. For projects listed in 
paragraphs (b)(32)(i) through (vi) of this section, the owner or 
operator may begin actual construction of the project immediately after 
notice is sent to the Administrator (unless otherwise prohibited under 
requirements of the applicable State Implementation Plan). The owner or 
operator shall respond to any requests by the Administrator for 
additional information that the Administrator determines is necessary to 
evaluate the suitability of the project for the PCP exclusion.
    (5) Permit process for unlisted projects. Before an owner or 
operator may begin actual construction of a PCP project that is not 
listed in paragraphs (b)(32)(i) through (vi) of this section,

[[Page 48]]

the project must be approved by the Administrator and recorded in a 
State Implementation Plan-approved permit or title V permit using 
procedures that are consistent with Secs. 51.160 and 51.161 of this 
chapter. This includes the requirement that the Administrator provide 
the public with notice of the proposed approval, with access to the 
environmentally beneficial analysis and the air quality analysis, and 
provide at least a 30-day period for the public and the Administrator to 
submit comments. The Administrator must address all material comments 
received by the end of the comment period before taking final action on 
the permit.
    (6) Operational requirements. Upon installation of the PCP, the 
owner or operator must comply with the requirements of paragraphs 
(z)(6)(i) through (iv) of this section.
    (i) General duty. The owner or operator must operate the PCP in a 
manner consistent with proper industry and engineering practices, in a 
manner that is consistent with the environmentally beneficial analysis 
and air quality analysis required by paragraphs (z)(2)(i) and (ii) of 
this section, with information submitted in the notice or permit 
application required by paragraph (z)(3) of this section, and in such a 
way as to minimize, within the physical configuration and operational 
standards usually associated with the emissions control device or 
strategy, emissions of collateral pollutants.
    (ii) Recordkeeping. The owner or operator must maintain copies on 
site of the environmentally beneficial analysis, the air quality impacts 
analysis, and monitoring and other emission records to prove that the 
PCP operated consistent with the general duty requirements in paragraph 
(z)(6)(i) of this section.
    (iii) Permit requirements. The owner or operator must comply with 
any provisions in the State Implementation Plan-approved permit or title 
V permit related to use and approval of the PCP exclusion.
    (iv) Generation of emission reduction credits. Emission reductions 
created by a PCP shall not be included in calculating a significant net 
emissions increase unless the emissions unit further reduces emissions 
after qualifying for the PCP exclusion (e.g., taking an operational 
restriction on the hours of operation). The owner or operator may 
generate a credit for the difference between the level of reduction 
which was used to qualify for the PCP exclusion and the new emissions 
limit if such reductions are surplus, quantifiable, and permanent. For 
purposes of generating offsets, the reductions must also be federally 
enforceable. For purposes of determining creditable net emissions 
increases and decreases, the reductions must also be enforceable as a 
practical matter.
    (aa) Actuals PALs. The provisions in paragraphs (aa)(1) through (15) 
of this section govern actuals PALs.
    (1) Applicability. (i) The Administrator may approve the use of an 
actuals PAL for any existing major stationary source if the PAL meets 
the requirements in paragraphs (aa)(1) through (15) of this section. The 
term ``PAL'' shall mean ``actuals PAL'' throughout paragraph (aa) of 
this section.
    (ii) Any physical change in or change in the method of operation of 
a major stationary source that maintains its total source-wide emissions 
below the PAL level, meets the requirements in paragraphs (aa)(1) 
through (15) of this section, and complies with the PAL permit:
    (a) Is not a major modification for the PAL pollutant;
    (b) Does not have to be approved through the PSD program; and
    (c) Is not subject to the provisions in paragraph (r)(4) of this 
section (restrictions on relaxing enforceable emission limitations that 
the major stationary source used to avoid applicability of the major NSR 
program).
    (iii) Except as provided under paragraph (aa)(1)(ii)(c) of this 
section, a major stationary source shall continue to comply with all 
applicable Federal or State requirements, emission limitations, and work 
practice requirements that were established prior to the effective date 
of the PAL.
    (2) Definitions. For the purposes of this section, the definitions 
in paragraphs (aa)(2)(i) through (xi) of this section apply. When a term 
is not defined in these paragraphs, it shall have

[[Page 49]]

the meaning given in paragraph (b) of this section or in the Act.
    (i) Actuals PAL for a major stationary source means a PAL based on 
the baseline actual emissions (as defined in paragraph (b)(48) of this 
section) of all emissions units (as defined in paragraph (b)(7) of this 
section) at the source, that emit or have the potential to emit the PAL 
pollutant.
    (ii) Allowable emissions means ``allowable emissions'' as defined in 
paragraph (b)(16) of this section, except as this definition is modified 
according to paragraphs (aa)(2)(ii)(a) and (b) of this section.
    (a) The allowable emissions for any emissions unit shall be 
calculated considering any emission limitations that are enforceable as 
a practical matter on the emissions unit's potential to emit.
    (b) An emissions unit's potential to emit shall be determined using 
the definition in paragraph (b)(4) of this section, except that the 
words ``or enforceable as a practical matter'' should be added after 
``federally enforceable.''
    (iii) Small emissions unit means an emissions unit that emits or has 
the potential to emit the PAL pollutant in an amount less than the 
significant level for that PAL pollutant, as defined in paragraph 
(b)(23) of this section or in the Act, whichever is lower.
    (iv) Major emissions unit means:
    (a) Any emissions unit that emits or has the potential to emit 100 
tons per year or more of the PAL pollutant in an attainment area; or
    (b) Any emissions unit that emits or has the potential to emit the 
PAL pollutant in an amount that is equal to or greater than the major 
source threshold for the PAL pollutant as defined by the Act for 
nonattainment areas. For example, in accordance with the definition of 
major stationary source in section 182(c) of the Act, an emissions unit 
would be a major emissions unit for VOC if the emissions unit is located 
in a serious ozone nonattainment area and it emits or has the potential 
to emit 50 or more tons of VOC per year.
    (v) Plantwide applicability limitation (PAL) means an emission 
limitation expressed in tons per year, for a pollutant at a major 
stationary source, that is enforceable as a practical matter and 
established source-wide in accordance with paragraphs (aa)(1) through 
(15) of this section.
    (vi) PAL effective date generally means the date of issuance of the 
PAL permit. However, the PAL effective date for an increased PAL is the 
date any emissions unit that is part of the PAL major modification 
becomes operational and begins to emit the PAL pollutant.
    (vii) PAL effective period means the period beginning with the PAL 
effective date and ending 10 years later.
    (viii) PAL major modification means, notwithstanding paragraphs 
(b)(2) and (b)(3) of this section (the definitions for major 
modification and net emissions increase), any physical change in or 
change in the method of operation of the PAL source that causes it to 
emit the PAL pollutant at a level equal to or greater than the PAL.
    (ix) PAL permit means the major NSR permit, the minor NSR permit, or 
the State operating permit under a program that is approved into the 
State Implementation Plan, or the title V permit issued by the 
Administrator that establishes a PAL for a major stationary source.
    (x) PAL pollutant means the pollutant for which a PAL is established 
at a major stationary source.
    (xi) Significant emissions unit means an emissions unit that emits 
or has the potential to emit a PAL pollutant in an amount that is equal 
to or greater than the significant level (as defined in paragraph 
(b)(23) of this section or in the Act, whichever is lower) for that PAL 
pollutant, but less than the amount that would qualify the unit as a 
major emissions unit as defined in paragraph (aa)(2)(iv) of this 
section.
    (3) Permit application requirements. As part of a permit application 
requesting a PAL, the owner or operator of a major stationary source 
shall submit the following information to the Administrator for 
approval:
    (i) A list of all emissions units at the source designated as small, 
significant or major based on their potential to emit. In addition, the 
owner or operator of the source shall indicate which, if any, Federal or 
State applicable requirements, emission limitations, or work practices 
apply to each unit.

[[Page 50]]

    (ii) Calculations of the baseline actual emissions (with supporting 
documentation). Baseline actual emissions are to include emissions 
associated not only with operation of the unit, but also emissions 
associated with startup, shutdown, and malfunction.
    (iii) The calculation procedures that the major stationary source 
owner or operator proposes to use to convert the monitoring system data 
to monthly emissions and annual emissions based on a 12-month rolling 
total for each month as required by paragraph (aa)(13)(i) of this 
section.
    (4) General requirements for establishing PALs. (i) The 
Administrator is allowed to establish a PAL at a major stationary 
source, provided that at a minimum, the requirements in paragraphs 
(aa)(4)(i)(a) through (g) of this section are met.
    (a) The PAL shall impose an annual emission limitation in tons per 
year, that is enforceable as a practical matter, for the entire major 
stationary source. For each month during the PAL effective period after 
the first 12 months of establishing a PAL, the major stationary source 
owner or operator shall show that the sum of the monthly emissions from 
each emissions unit under the PAL for the previous 12 consecutive months 
is less than the PAL (a 12-month average, rolled monthly). For each 
month during the first 11 months from the PAL effective date, the major 
stationary source owner or operator shall show that the sum of the 
preceding monthly emissions from the PAL effective date for each 
emissions unit under the PAL is less than the PAL.
    (b) The PAL shall be established in a PAL permit that meets the 
public participation requirements in paragraph (aa)(5) of this section.
    (c) The PAL permit shall contain all the requirements of paragraph 
(aa)(7) of this section.
    (d) The PAL shall include fugitive emissions, to the extent 
quantifiable, from all emissions units that emit or have the potential 
to emit the PAL pollutant at the major stationary source.
    (e) Each PAL shall regulate emissions of only one pollutant.
    (f) Each PAL shall have a PAL effective period of 10 years.
    (g) The owner or operator of the major stationary source with a PAL 
shall comply with the monitoring, recordkeeping, and reporting 
requirements provided in paragraphs (aa)(12) through (14) of this 
section for each emissions unit under the PAL through the PAL effective 
period.
    (ii) At no time (during or after the PAL effective period) are 
emissions reductions of a PAL pollutant that occur during the PAL 
effective period creditable as decreases for purposes of offsets under Sec. 
51.165(a)(3)(ii) of this chapter unless the level of the PAL is reduced 
by the amount of such emissions reductions and such reductions would be 
creditable in the absence of the PAL.
    (5) Public participation requirements for PALs. PALs for existing 
major stationary sources shall be established, renewed, or increased 
through a procedure that is consistent with Secs. 51.160 and 51.161 of 
this chapter. This includes the requirement that the Administrator 
provide the public with notice of the proposed approval of a PAL permit 
and at least a 30-day period for submittal of public comment. The 
Administrator must address all material comments before taking final 
action on the permit.
    (6) Setting the 10-year actuals PAL level. The actuals PAL level for 
a major stationary source shall be established as the sum of the 
baseline actual emissions (as defined in paragraph (b)(48) of this 
section) of the PAL pollutant for each emissions unit at the source; 
plus an amount equal to the applicable significant level for the PAL 
pollutant under paragraph (b)(23) of this section or under the Act, 
whichever is lower. When establishing the actuals PAL level, for a PAL 
pollutant, only one consecutive 24-month period must be used to 
determine the baseline actual emissions for all existing emissions 
units. However, a different consecutive 24-month period may be used for 
each different PAL pollutant. Emissions associated with units that were 
permanently shutdown after this 24-month period must be subtracted from 
the PAL level. Emissions from units on which actual construction began 
after

[[Page 51]]

the 24-month period must be added to the PAL level in an amount equal to 
the potential to emit of the units. The Administrator shall specify a 
reduced PAL level(s) (in tons/yr) in the PAL permit to become effective 
on the future compliance date(s) of any applicable Federal or State 
regulatory requirement(s) that the Administrator is aware of prior to 
issuance of the PAL permit. For instance, if the source owner or 
operator will be required to reduce emissions from industrial boilers in 
half from baseline emissions of 60 ppm NOX to a new rule 
limit of 30 ppm, then the permit shall contain a future effective PAL 
level that is equal to the current PAL level reduced by half of the 
original baseline emissions of such unit(s).
    (7) Contents of the PAL permit. The PAL permit must contain, at a 
minimum, the information in paragraphs (aa)(7)(i) through (x) of this 
section.
    (i) The PAL pollutant and the applicable source-wide emission 
limitation in tons per year.
    (ii) The PAL permit effective date and the expiration date of the 
PAL (PAL effective period).
    (iii) Specification in the PAL permit that if a major stationary 
source owner or operator applies to renew a PAL in accordance with 
paragraph (aa)(10) of this section before the end of the PAL effective 
period, then the PAL shall not expire at the end of the PAL effective 
period. It shall remain in effect until a revised PAL permit is issued 
by a reviewing authority.
    (iv) A requirement that emission calculations for compliance 
purposes must include emissions from startups, shutdowns, and 
malfunctions.
    (v) A requirement that, once the PAL expires, the major stationary 
source is subject to the requirements of paragraph (aa)(9) of this 
section.
    (vi) The calculation procedures that the major stationary source 
owner or operator shall use to convert the monitoring system data to 
monthly emissions and annual emissions based on a 12-month rolling total 
as required by paragraph (aa)(13)(i) of this section.
    (vii) A requirement that the major stationary source owner or 
operator monitor all emissions units in accordance with the provisions 
under paragraph (aa)(12) of this section.
    (viii) A requirement to retain the records required under paragraph 
(aa)(13) of this section on site. Such records may be retained in an 
electronic format.
    (ix) A requirement to submit the reports required under paragraph 
(aa)(14) of this section by the required deadlines.
    (x) Any other requirements that the Administrator deems necessary to 
implement and enforce the PAL.
    (8) PAL effective period and reopening of the PAL permit. The 
requirements in paragraphs (aa)(8)(i) and (ii) of this section apply to 
actuals PALs.
    (i) PAL effective period. The Administrator shall specify a PAL 
effective period of 10 years.
    (ii) Reopening of the PAL permit.
    (a) During the PAL effective period, the Administrator must reopen 
the PAL permit to:
    (1) Correct typographical/calculation errors made in setting the PAL 
or reflect a more accurate determination of emissions used to establish 
the PAL;
    (2) Reduce the PAL if the owner or operator of the major stationary 
source creates creditable emissions reductions for use as offsets under 
Sec. 51.165(a)(3)(ii) of this chapter; and
    (3) Revise the PAL to reflect an increase in the PAL as provided 
under paragraph (aa)(11) of this section.
    (b) The Administrator shall have discretion to reopen the PAL permit 
for the following:
    (1) Reduce the PAL to reflect newly applicable Federal requirements 
(for example, NSPS) with compliance dates after the PAL effective date;
    (2) Reduce the PAL consistent with any other requirement, that is 
enforceable as a practical matter, and that the State may impose on the 
major stationary source under the State Implementation Plan; and
    (3) Reduce the PAL if the reviewing authority determines that a 
reduction is necessary to avoid causing or contributing to a NAAQS or 
PSD increment violation, or to an adverse impact on an air quality 
related value that has been identified for a Federal Class I area by a 
Federal Land Manager

[[Page 52]]

and for which information is available to the general public.
    (c) Except for the permit reopening in paragraph (aa)(8)(ii)(a)(1) 
of this section for the correction of typographical/calculation errors 
that do not increase the PAL level, all other reopenings shall be 
carried out in accordance with the public participation requirements of 
paragraph (aa)(5) of this section.
    (9) Expiration of a PAL. Any PAL that is not renewed in accordance 
with the procedures in paragraph (aa)(10) of this section shall expire 
at the end of the PAL effective period, and the requirements in 
paragraphs (aa)(9)(i) through (v) of this section shall apply.
    (i) Each emissions unit (or each group of emissions units) that 
existed under the PAL shall comply with an allowable emission limitation 
under a revised permit established according to the procedures in 
paragraphs (aa)(9)(i)(a) and (b) of this section.
    (a) Within the time frame specified for PAL renewals in paragraph 
(aa)(10)(ii) of this section, the major stationary source shall submit a 
proposed allowable emission limitation for each emissions unit (or each 
group of emissions units, if such a distribution is more appropriate as 
decided by the Administrator) by distributing the PAL allowable 
emissions for the major stationary source among each of the emissions 
units that existed under the PAL. If the PAL had not yet been adjusted 
for an applicable requirement that became effective during the PAL 
effective period, as required under paragraph (aa)(10)(v) of this 
section, such distribution shall be made as if the PAL had been 
adjusted.
    (b) The Administrator shall decide whether and how the PAL allowable 
emissions will be distributed and issue a revised permit incorporating 
allowable limits for each emissions unit, or each group of emissions 
units, as the Administrator determines is appropriate.
    (ii) Each emissions unit(s) shall comply with the allowable emission 
limitation on a 12-month rolling basis. The Administrator may approve 
the use of monitoring systems (source testing, emission factors, etc.) 
other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the 
allowable emission limitation.
    (iii) Until the Administrator issues the revised permit 
incorporating allowable limits for each emissions unit, or each group of 
emissions units, as required under paragraph (aa)(9)(i)(b) of this 
section, the source shall continue to comply with a source-wide, multi-
unit emissions cap equivalent to the level of the PAL emission 
limitation.
    (iv) Any physical change or change in the method of operation at the 
major stationary source will be subject to major NSR requirements if 
such change meets the definition of major modification in paragraph 
(b)(2) of this section.
    (v) The major stationary source owner or operator shall continue to 
comply with any State or Federal applicable requirements (BACT, RACT, 
NSPS, etc.) that may have applied either during the PAL effective period 
or prior to the PAL effective period except for those emission 
limitations that had been established pursuant to paragraph (r)(4) of 
this section, but were eliminated by the PAL in accordance with the 
provisions in paragraph (aa)(1)(ii)(c) of this section.
    (10) Renewal of a PAL. (i) The Administrator shall follow the 
procedures specified in paragraph (aa)(5) of this section in approving 
any request to renew a PAL for a major stationary source, and shall 
provide both the proposed PAL level and a written rationale for the 
proposed PAL level to the public for review and comment. During such 
public review, any person may propose a PAL level for the source for 
consideration by the Administrator.
    (ii) Application deadline. A major stationary source owner or 
operator shall submit a timely application to the Administrator to 
request renewal of a PAL. A timely application is one that is submitted 
at least 6 months prior to, but not earlier than 18 months from, the 
date of permit expiration. This deadline for application submittal is to 
ensure that the permit will not expire before the permit is renewed. If 
the owner or operator of a major stationary source submits a complete 
application to renew the PAL within this

[[Page 53]]

time period, then the PAL shall continue to be effective until the 
revised permit with the renewed PAL is issued.
    (iii) Application requirements. The application to renew a PAL 
permit shall contain the information required in paragraphs 
(aa)(10)(iii)(a) through (d) of this section.
    (a) The information required in paragraphs (aa)(3)(i) through (iii) 
of this section.
    (b) A proposed PAL level.
    (c) The sum of the potential to emit of all emissions units under 
the PAL (with supporting documentation).
    (d) Any other information the owner or operator wishes the 
Administrator to consider in determining the appropriate level for 
renewing the PAL.
    (iv) PAL adjustment. In determining whether and how to adjust the 
PAL, the Administrator shall consider the options outlined in paragraphs 
(aa)(10)(iv)(a) and (b) of this section. However, in no case may any 
such adjustment fail to comply with paragraph (aa)(10)(iv)(c) of this 
section.
    (a) If the emissions level calculated in accordance with paragraph 
(aa)(6) of this section is equal to or greater than 80 percent of the 
PAL level, the Administrator may renew the PAL at the same level without 
considering the factors set forth in paragraph (aa)(10)(iv)(b) of this 
section; or
    (b) The Administrator may set the PAL at a level that he or she 
determines to be more representative of the source's baseline actual 
emissions, or that he or she determines to be more appropriate 
considering air quality needs, advances in control technology, 
anticipated economic growth in the area, desire to reward or encourage 
the source's voluntary emissions reductions, or other factors as 
specifically identified by the Administrator in his or her written 
rationale.
    (c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b) of this 
section:
    (1) If the potential to emit of the major stationary source is less 
than the PAL, the Administrator shall adjust the PAL to a level no 
greater than the potential to emit of the source; and
    (2) The Administrator shall not approve a renewed PAL level higher 
than the current PAL, unless the major stationary source has complied 
with the provisions of paragraph (aa)(11) of this section (increasing a 
PAL).
    (v) If the compliance date for a State or Federal requirement that 
applies to the PAL source occurs during the PAL effective period, and if 
the Administrator has not already adjusted for such requirement, the PAL 
shall be adjusted at the time of PAL permit renewal or title V permit 
renewal, whichever occurs first.
    (11) Increasing a PAL during the PAL effective period. (i) The 
Administrator may increase a PAL emission limitation only if the major 
stationary source complies with the provisions in paragraphs 
(aa)(11)(i)(a) through (d) of this section.
    (a) The owner or operator of the major stationary source shall 
submit a complete application to request an increase in the PAL limit 
for a PAL major modification. Such application shall identify the 
emissions unit(s) contributing to the increase in emissions so as to 
cause the major stationary source's emissions to equal or exceed its 
PAL.
    (b) As part of this application, the major stationary source owner 
or operator shall demonstrate that the sum of the baseline actual 
emissions of the small emissions units, plus the sum of the baseline 
actual emissions of the significant and major emissions units assuming 
application of BACT equivalent controls, plus the sum of the allowable 
emissions of the new or modified emissions unit(s) exceeds the PAL. The 
level of control that would result from BACT equivalent controls on each 
significant or major emissions unit shall be determined by conducting a 
new BACT analysis at the time the application is submitted, unless the 
emissions unit is currently required to comply with a BACT or LAER 
requirement that was established within the preceding 10 years. In such 
a case, the assumed control level for that emissions unit shall be equal 
to the level of BACT or LAER with which that emissions unit must 
currently comply.
    (c) The owner or operator obtains a major NSR permit for all 
emissions unit(s) identified in paragraph (aa)(11)(i)(a) of this 
section, regardless of the magnitude of the emissions increase resulting 
from them (that is, no

[[Page 54]]

significant levels apply). These emissions unit(s) shall comply with any 
emissions requirements resulting from the major NSR process (for 
example, BACT), even though they have also become subject to the PAL or 
continue to be subject to the PAL.
    (d) The PAL permit shall require that the increased PAL level shall 
be effective on the day any emissions unit that is part of the PAL major 
modification becomes operational and begins to emit the PAL pollutant.
    (ii) The Administrator shall calculate the new PAL as the sum of the 
allowable emissions for each modified or new emissions unit, plus the 
sum of the baseline actual emissions of the significant and major 
emissions units (assuming application of BACT equivalent controls as 
determined in accordance with paragraph (aa)(11)(i)(b)), plus the sum of 
the baseline actual emissions of the small emissions units.
    (iii) The PAL permit shall be revised to reflect the increased PAL 
level pursuant to the public notice requirements of paragraph (aa)(5) of 
this section.
    (12) Monitoring requirements for PALs. (i) General requirements. (a) 
Each PAL permit must contain enforceable requirements for the monitoring 
system that accurately determines plantwide emissions of the PAL 
pollutant in terms of mass per unit of time. Any monitoring system 
authorized for use in the PAL permit must be based on sound science and 
meet generally acceptable scientific procedures for data quality and 
manipulation. Additionally, the information generated by such system 
must meet minimum legal requirements for admissibility in a judicial 
proceeding to enforce the PAL permit.
    (b) The PAL monitoring system must employ one or more of the four 
general monitoring approaches meeting the minimum requirements set forth 
in paragraphs (aa)(12)(ii)(a) through (d) of this section and must be 
approved by the Administrator.
    (c) Notwithstanding paragraph (aa)(12)(i)(b) of this section, you 
may also employ an alternative monitoring approach that meets paragraph 
(aa)(12)(i)(a) of this section if approved by the Administrator.
    (d) Failure to use a monitoring system that meets the requirements 
of this section renders the PAL invalid.
    (ii) Minimum performance requirements for approved monitoring 
approaches. The following are acceptable general monitoring approaches 
when conducted in accordance with the minimum requirements in paragraphs 
(aa)(12)(iii) through (ix) of this section:
    (a) Mass balance calculations for activities using coatings or 
solvents;
    (b) CEMS;
    (c) CPMS or PEMS; and
    (d) Emission factors.
    (iii) Mass balance calculations. An owner or operator using mass 
balance calculations to monitor PAL pollutant emissions from activities 
using coating or solvents shall meet the following requirements:
    (a) Provide a demonstrated means of validating the published content 
of the PAL pollutant that is contained in or created by all materials 
used in or at the emissions unit;
    (b) Assume that the emissions unit emits all of the PAL pollutant 
that is contained in or created by any raw material or fuel used in or 
at the emissions unit, if it cannot otherwise be accounted for in the 
process; and
    (c) Where the vendor of a material or fuel, which is used in or at 
the emissions unit, publishes a range of pollutant content from such 
material, the owner or operator must use the highest value of the range 
to calculate the PAL pollutant emissions unless the Administrator 
determines there is site-specific data or a site-specific monitoring 
program to support another content within the range.
    (iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant 
emissions shall meet the following requirements:
    (a) CEMS must comply with applicable Performance Specifications 
found in 40 CFR part 60, appendix B; and
    (b) CEMS must sample, analyze and record data at least every 15 
minutes while the emissions unit is operating.
    (v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor 
PAL pollutant emissions shall meet the following requirements:
    (a) The CPMS or the PEMS must be based on current site-specific data

[[Page 55]]

demonstrating a correlation between the monitored parameter(s) and the 
PAL pollutant emissions across the range of operation of the emissions 
unit; and
    (b) Each CPMS or PEMS must sample, analyze, and record data at least 
every 15 minutes, or at another less frequent interval approved by the 
Administrator, while the emissions unit is operating.
    (vi) Emission factors. An owner or operator using emission factors 
to monitor PAL pollutant emissions shall meet the following 
requirements:
    (a) All emission factors shall be adjusted, if appropriate, to 
account for the degree of uncertainty or limitations in the factors' 
development;
    (b) The emissions unit shall operate within the designated range of 
use for the emission factor, if applicable; and
    (c) If technically practicable, the owner or operator of a 
significant emissions unit that relies on an emission factor to 
calculate PAL pollutant emissions shall conduct validation testing to 
determine a site-specific emission factor within 6 months of PAL permit 
issuance, unless the Administrator determines that testing is not 
required.
    (vii) A source owner or operator must record and report maximum 
potential emissions without considering enforceable emission limitations 
or operational restrictions for an emissions unit during any period of 
time that there is no monitoring data, unless another method for 
determining emissions during such periods is specified in the PAL 
permit.
    (viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii) 
through (vii) of this section, where an owner or operator of an 
emissions unit cannot demonstrate a correlation between the monitored 
parameter(s) and the PAL pollutant emissions rate at all operating 
points of the emissions unit, the Administrator shall, at the time of 
permit issuance:
    (a) Establish default value(s) for determining compliance with the 
PAL based on the highest potential emissions reasonably estimated at 
such operating point(s); or
    (b) Determine that operation of the emissions unit during operating 
conditions when there is no correlation between monitored parameter(s) 
and the PAL pollutant emissions is a violation of the PAL.
    (ix) Re-validation. All data used to establish the PAL pollutant 
must be re-validated through performance testing or other scientifically 
valid means approved by the Administrator. Such testing must occur at 
least once every 5 years after issuance of the PAL.
    (13) Recordkeeping requirements. (i) The PAL permit shall require an 
owner or operator to retain a copy of all records necessary to determine 
compliance with any requirement of paragraph (aa) of this section and of 
the PAL, including a determination of each emissions unit's 12-month 
rolling total emissions, for 5 years from the date of such record.
    (ii) The PAL permit shall require an owner or operator to retain a 
copy of the following records for the duration of the PAL effective 
period plus 5 years:
    (a) A copy of the PAL permit application and any applications for 
revisions to the PAL; and
    (b) Each annual certification of compliance pursuant to title V and 
the data relied on in certifying the compliance.
    (14) Reporting and notification requirements. The owner or operator 
shall submit semi-annual monitoring reports and prompt deviation reports 
to the Administrator in accordance with the applicable title V operating 
permit program. The reports shall meet the requirements in paragraphs 
(aa)(14)(i) through (iii) of this section.
    (i) Semi-annual report. The semi-annual report shall be submitted to 
the Administrator within 30 days of the end of each reporting period. 
This report shall contain the information required in paragraphs 
(aa)(14)(i)(a) through (g) of this section.
    (a) The identification of owner and operator and the permit number.
    (b) Total annual emissions (tons/year) based on a 12-month rolling 
total for each month in the reporting period recorded pursuant to 
paragraph (aa)(13)(i) of this section.

[[Page 56]]

    (c) All data relied upon, including, but not limited to, any Quality 
Assurance or Quality Control data, in calculating the monthly and annual 
PAL pollutant emissions.
    (d) A list of any emissions units modified or added to the major 
stationary source during the preceding 6-month period.
    (e) The number, duration, and cause of any deviations or monitoring 
malfunctions (other than the time associated with zero and span 
calibration checks), and any corrective action taken.
    (f) A notification of a shutdown of any monitoring system, whether 
the shutdown was permanent or temporary, the reason for the shutdown, 
the anticipated date that the monitoring system will be fully 
operational or replaced with another monitoring system, and whether the 
emissions unit monitored by the monitoring system continued to operate, 
and the calculation of the emissions of the pollutant or the number 
determined by method included in the permit, as provided by 
(aa)(12)(vii).
    (g) A signed statement by the responsible official (as defined by 
the applicable title V operating permit program) certifying the truth, 
accuracy, and completeness of the information provided in the report.
    (ii) Deviation report. The major stationary source owner or operator 
shall promptly submit reports of any deviations or exceedance of the PAL 
requirements, including periods where no monitoring is available. A 
report submitted pursuant to Sec. 70.6(a)(3)(iii)(B) of this chapter shall 
satisfy this reporting requirement. The deviation reports shall be 
submitted within the time limits prescribed by the applicable program 
implementing Sec. 70.6(a)(3)(iii)(B) of this chapter. The reports shall 
contain the following information:
    (a) The identification of owner and operator and the permit number;
    (b) The PAL requirement that experienced the deviation or that was 
exceeded;
    (c) Emissions resulting from the deviation or the exceedance; and
    (d) A signed statement by the responsible official (as defined by 
the applicable title V operating permit program) certifying the truth, 
accuracy, and completeness of the information provided in the report.
    (iii) Re-validation results. The owner or operator shall submit to 
the Administrator the results of any re-validation test or method within 
3 months after completion of such test or method.
    (15) Transition requirements.
    (i) The Administrator may not issue a PAL that does not comply with 
the requirements in paragraphs (aa)(1) through (15) of this section 
after March 3, 2003.
    (ii) The Administrator may supersede any PAL that was established 
prior to March 3, 2003 with a PAL that complies with the requirements of 
paragraphs (aa)(1) through (15) of this section.
    (bb) If any provision of this section, or the application of such 
provision to any person or circumstance, is held invalid, the remainder 
of this section, or the application of such provision to persons or 
circumstances other than those as to which it is held invalid, shall not 
be affected thereby.

[43 FR 26403, June 19, 1978]

    Editorial Note: For Federal Register citations affecting Sec. 52.21, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 52.23  Violation and enforcement.

    Failure to comply with any provisions of this part, or with any 
approved regulatory provision of a State implementation plan, or with 
any permit condition or permit denial issued pursuant to approved or 
promulgated regulations for the review of new or modified stationary or 
indirect sources, or with any permit limitation or condition contained 
within an operating permit issued under an EPA-approved program that is 
incorporated into the State implementation plan, shall render the person 
or governmental entity so failing to comply in violation of a 
requirement of an applicable implementation plan and subject to 
enforcement action under section 113 of the Clean Air Act. With regard 
to compliance schedules, a person or Governmental entity will be 
considered to have failed to comply with the requirements of this part 
if it fails to timely

[[Page 57]]

submit any required compliance schedule, if the compliance schedule when 
submitted does not contain each of the elements it is required to 
contain, or if the person or Governmental entity fails to comply with 
such schedule.

[39 FR 33512, Sept. 18, 1974, as amended at 54 FR 27285, June 28, 1989]



Sec. 52.24  Statutory restriction on new sources.

    (a) After June 30, 1979, no major stationary source shall be 
constructed or modified in any nonattainment area as designated in 40 
CFR part 81, subpart C (``nonattainment area'') to which any State 
implementation plan applies, if the emissions from suy will cause or 
contribute to concentrations of any pollutant for which a national 
ambient air quality standard is exceeded in such area, unless, as of the 
time of application for a permit for such construction, such plan meets 
the requirements of Part D, Title I, of the Clean Air Act, as amended 
(42 U.S.C. 7501 et seq.) (``Part D''). This section shall not apply to 
any nonattainment area once EPA has fully approved the State 
implementation plan for the area as meeting the requirements of Part D.
    (b) For any nonattainment area for which the SIP satisfies the 
requirements of Part D, permits to construct and operate new or modified 
major stationary sources may be issued only if the applicable SIP is 
being carried out for the nonattainment area in which the proposed 
source is to be constructed or modified in accordance with the 
requirements of Part D.
    (c) The Emission Offset Interpretative Ruling, 40 CFR part 51, 
Appendix S (``Offset Ruling''), rather than paragraphs (a) and (b), 
governs permits to construct and operate applied for before the deadline 
for having a revised SIP in effect that satisfies Part D. This deadline 
is July 1, 1979, for areas designated as nonattainment on March 3, 1978 
(42 FR 8962). The revised SIP, rather than paragraph (a) of this 
section, governs permits applied for during a period when the revised 
SIP is in compliance with Part D.
    (d) The restrictions in paragraphs (a) and (b) apply only to major 
stationary sources of emissions that cause or contribute to 
concentrations of the pollutant for which the nonattainment area was 
designated as nonattainment, and for which the SIP does not meet the 
requirements of Part D or is not being carried out in accordance with 
the requirements of Part D.
    (e) For any area designated as nonattainment for any national 
ambient air quality standard, the restrictions in paragraphs (a) and (b) 
of this section, shall apply to any major stationary source or major 
modification that would be major for the pollutant for which the area is 
designated nonattainment, if the stationary source or major modification 
would be constructed anywhere in the designated nonattainment areas. A 
major stationary source or major modification that is major for volatile 
organic compounds is also major for ozone.
    (f) The following definitions shall apply under this section.
    (1) Stationary source means any building, structure, facility, or 
installation which emits or may emit any air pollutant subject to 
regulation under the Act.
    (2) Building, structure, facility or installation means all of the 
pollutant-emitting activities which belong to the same industrial 
grouping, are located on one or more contiguous or adjacent properties, 
and are under the control of the same person (or persons under common 
control) except the activities of any vessel. Pollutant-emitting 
activities shall be considered as part of the same industrial grouping 
if they belong to the same ``Major Group'' (i.e., which have the same 
two-digit code) as described in the following document, Standard 
Industrial Classification Manual, 1972, as amended by the 1977 
Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 
003-005-00176-0, respectively).
    (3) Potential to emit means the maximum capacity of a stationary 
source to emit a pollutant under its physical and operational design. 
Any physical or operational limitation on the capacity of the source to 
emit a pollutant, including air pollution control equipment and 
restrictions on hours of operation or on amount of material combusted, 
stored, or processed, shall be treated as part of its design only if the 
limitation or the effect it would have

[[Page 58]]

on emissions is federally enforceable. Secondary emissions do not count 
in determining the potential to emit of a stationary source.
    (4)(i) Major stationary source means:
    (a) Any stationary source of air pollutants which emits, or has the 
potential to emit, 100 tons per year or more of any pollutant subject to 
regulation under the Act; or
    (b) Any physical change that would occur at a stationary source not 
qualifying under paragraph (f)(5)(i)(a) of this section, as a major 
stationary source, if the change would constitute a major stationary 
source by itself.
    (ii) A major stationary source that is major for volatile organic 
compounds shall be considered major for ozone.
    (iii) The fugitive emissions of a stationary source shall not be 
included in determining for any of the purposes of this section whether 
it is a major stationary source, unless the source belongs to one of the 
following categories of stationary sources:
    (a) Coal cleaning plants (with thermal dryers);
    (b) Kraft pulp mills;
    (c) Portland cement plants;
    (d) Primary zinc smelters;
    (e) Iron and steel mills;
    (f) Primary aluminum ore reduction plants;
    (g) Primary copper smelters;
    (h) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (i) Hydrofluoric, sulfuric, or nitric acid plants;
    (j) Petroleum refineries;
    (k) Lime plants;
    (l) Phosphate rock processing plants;
    (m) Coke oven batteries;
    (n) Sulfur recovery plants;
    (o) Carbon black plants (furnace process);
    (p) Primary lead smelters;
    (q) Fuel conversion plants;
    (r) Sintering plants;
    (s) Secondary metal production plants;
    (t) Chemical process plants;
    (u) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (v) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (w) Taconite ore processing plants;
    (x) Glass fiber processing plants;
    (y) Charcoal production plants;
    (z) Fossil fuel-fired steam electric plants of more than 250 million 
British thermal units per hour heat input;
    (aa) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act.
    (5)(i) Major modification means any physical change in or change in 
the method of operation of a major stationary source that would result 
in a significant net emissions increase of any pollutant subject to 
regulation under the Act.
    (ii) Any net emissions increase that is considered significant for 
volatile organic compounds shall be considered significant for ozone.
    (iii) A physical change or change in the method of operation shall 
not include:
    (a) Routine maintenance, repair, and replacement;
    (b) Use of an alternative fuel or raw material by reason of an order 
under sections 2 (a) and (b) of the Energy Supply and Environmental 
Coordination Act of 1974 (or any superseding legislation) or by reason 
of a natural gas curtailment plan pursuant to the Federal Power Act;
    (c) Use of an alternative fuel by reason of an order or rule under 
section 125 of the Act;
    (d) Use of an alternative fuel at a steam generating unit to the 
extent that the fuel is generated from municipal solid waste;
    (e) Use of an alternative fuel or raw material by a stationary 
source which:
    (1) The source was capable of accommodating before July 1, 1979, 
unless such change would be prohibited under any federally enforceable 
permit condition which was established after July 1, 1979 pursuant to 40 
CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 
40 CFR 51.166; or
    (2) The source is approved to use under any permit issued under 
regulations approved pursuant to 40 CFR subpart I;

[[Page 59]]

    (f) An increase in the hours of operation or in the production rate, 
unless such change is prohibited under any federally enforceable permit 
condition which was established after July 1, 1979 pursuant to 40 CFR 
52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 
CFR 51.166.
    (g) Any change in ownership at a stationary source.
    (h) The addition, replacement or use of a pollution control project 
at an existing electric utility steam generating unit, unless the 
Administrator determines that such addition, replacement, or use renders 
the unit less environmentally beneficial, or except:
    (1) When the Administrator has reason to believe that the pollution 
control project would reslt in a significant net increase in 
representative actual annual emissions of any criteria pollutant over 
levels used for that source in the most recent air quality impact 
analysis in the area conducted for the purpose of title I, if any, and
    (2) The Administrator determines that the increase will cause or 
contribute to a violation of any national ambient air quality standard 
or PSD increment, or visibility limitation.
    (i) The installation, operation, cessation, or removal of a 
temporary clean coal technology demonstration project, provided that the 
project complies with:
    (1) The State implementation plan for the State in which the project 
is located, and
    (2) Other requirements necessary to attain and maintain the national 
ambient air quality standards during the project and after it is 
terminated.
    (6)(i) Net emissions increase means the amount by which the sum of 
the following exceeds zero:
    (a) Any increase in actual emissions from a particular physical 
change or change in the method of operation at a stationary source; and
    (b) Any other increases and decreases in actual emissions at the 
source that are contemporaneous with the particular change and are 
otherwise creditable.
    (ii) An increase or decrease in actual emissions is contemporaneous 
with the increase from the particular change only if it occurs between:
    (a) The date five years before construction on the particular change 
commences and
    (b) The date that the increase from the particular change occurs.
    (iii) An increase or decrease in actual emissions is creditable only 
if the Administrator has not relied on it in issuing a permit for the 
source under regulations approved pursuant to 40 CFR subpart I which 
permit is in effect when the increase in actual emissions from the 
particular change occurs.
    (iv) An increase in actual emissions is creditabletime. only to the 
extent that the new level of actual emissions exceeds the old level.
    (v) A decrease in actual emissions is creditable only to the extent 
that:
    (a) The old level of actual emissions or the old level of allowable 
emissions, whichever is lower, exceeds the new level of actual 
emissions;
    (b) It is federally enforceable at and after the time that 
construction on the particular change begins; and
    (c) The Administrator or reviewing authority has not relied on it in 
issuing any permit under regulations approved pursuant to 40 CFR subpart 
I or the State has not relied on it in demonstrating attainment or 
reasonable further progress.
    (d) It has approximately the same qualitative significance for 
public health and welfare as that attributed to the increase from the 
particular change.
    (vi) An increase that results from a physical change at a source 
occurs when the emissions unit on which construction occurred becomes 
operational and begins to emit a particular pollutant. Any replacement 
unit that requires shakedown becomes operational only after a reasonable 
shakedown period, not to exceed 180 days.
    (7) Emissions unit means any part of a stationary source which emits 
or would have the potential to emit any pollutant subject to regulation 
under the Act.
    (8) Secondary emissions means emissions which would occur as a 
result of the construction or operation of a major stationary source or 
major modification, but do not come from the major stationary source or 
major modification itself. For the purpose of

[[Page 60]]

this section, secondary emissions must be specific, well defined, 
quantifiable, and impact the same general area as the stationary source 
or modification which causes the secondary emissions. Secondary 
emissions include emissions from any offsite support facility which 
would otherwise not be constructed or increase its emissions except as a 
result of the construction or operation of the major stationary source 
or major modification. Secondary emissions do not include any emissions 
which come directly from a mobile source, such as emissions from the 
tailpipe of a motor vehicle, from a train, or from a vessel.
    (9) Fugitive emissions means those emissions which could not 
reasonably pass through a stack, chimney, vent, or other functionally 
equivalent opening.
    (10) Significant means, in reference to a net emissions increase or 
the potential of a source to emit any of the following pollutants, a 
rate of emissions that would equal or exceed any of the following rates:

                      Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Ozone: 40 tpy of volatile organic compounds
Lead: 0.6 tpy

    (11) Allowable emissions means the emissions rate of a stationary 
source calculated using the maximum rated capacity of the source (unless 
the source is subject to federally enforceable limits which restrict the 
operating rate, or hours of operation, or both) and the most stringent 
of the following:
    (i) The applicable standards set forth in 40 CFR parts 60 and 61;
    (ii) Any applicable State Implementation Plan emissions limitation, 
including those with a future compliance date; or
    (iii) The emissions rate specified as a federally enforceable permit 
condition, including those with a future compliance date.
    (12) Federally enforceable means all limitations and conditions 
which are enforceable by the Administrator, including those requirements 
developed pursuant to 40 CFR parts 60 and 61, requirements within any 
applicable State implementation plan, any permit requirements 
established pursuant to 40 CFR 52.21 or under regulations approved 
pursuant to 40 CFR part 51, subpart I, including operating permits 
issued under an EPA-approved program that is incorporated into the State 
implementation plan and expressly requires adherence to any permit 
issued under such program.
    (13)(i) Actual emissions means the actual rate of emissions of a 
pollutant from an emissions unit, as determined in accordance with 
paragraphs (f) (ii) through (iv) of this section.
    (ii) In general, actual emissions as of a particular date shall 
equal the average rate, in tons per year, at which the unit actually 
emitted the pollutant during a two-year period which precedes the 
particular date and which is representative of normal source operation. 
The Administrator shall allow the use of a different time period upon a 
determination that it is more representative of normal source operation. 
Actual emissions shall be calculated using the unit's actual operating 
hours, production rates, and types of materials processed, stored, or 
combusted during the selected time period.
    (iii) The Administrator may presume that source-specific allowable 
emissions for the unit are equivalent to the actual emissions of the 
unit.
    (iv) For any emissions unit (other than an electric utility steam 
generating unit specified in paragraph (f)(13)(v) of this section) which 
has not begun normal operations on the particular date, actual emissions 
shall equal the potential to emit of the unit on that date.
    (v) For an electric utility steam generating unit (other than a new 
unit or the replacement of an existing unit) actual emissions of the 
unit following the physical or operational change shall equal the 
representative actual annual emissions of the unit, provided the source 
owner or operator maintains and submits to the Administrator, on an 
annual basis for a period of 5 years from the date the unit resumes 
regular operation, information demonstrating that the physical or 
operational change did not result in an emissions increase. A longer 
period, not to exceed 10 years, may be required by the Administrator if 
he determines such a period to be

[[Page 61]]

more representative of normal source post-change operations.
    (14) Construction means any physical change or change in the method 
of operation (including fabrication, erection, installation, demolition, 
or modification) of an emissions unit which would result in a change in 
actual emissions.
    (15) Commence as applied to construction of a major stationary 
source or major modification means that the owner or operator has all 
necessary preconstruction approvals or permits and either has:
    (i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable 
time; or
    (ii) Entered into binding agreements or contractual obligations, 
which cannot be cancelled or modified without substantial loss to the 
owner or operator, to undertake a program of actual construction of the 
source to be completed within a reasonable time.
    (16) Necessary preconstruction approvals or permits means those 
permits or approvals required under federal air quality control laws and 
regulations and those air quality control laws and regulations which are 
part of the applicable State Implementation Plan.
    (17) Begin actual construction means, in general, initiation of 
physical on-site construction activities on an emissions unit which are 
of a permanent nature. Such activities include, but are not limited to, 
installation of building supports and foundations, laying of underground 
pipework, and construction of permanent storage structures. With respect 
to a change in method of operations, this term refers to those on-site 
activities other than preparatory activities which mark the initiation 
of change.
    (18) Volatile organic compounds (VOC) is as defined in Sec. 51.100(s) 
of this chapter.
    (19) Electric utility steam generating unit means any steam electric 
generating unit that is constructed for the purpose of supplying more 
than one-third of its potential electric output capacity and more than 
25 MW electrical output to any utility power distribution system for 
sale. Any steam supplied to a steam distribution system for the purpose 
of providing steam to a steam-electric generator that would produce 
electrical energy for sale is also considered in determining the 
electrical energy output capacity of the affected facility.
    (20) Representative actual annual emissions means the average rate, 
in tons per year, at which the source is projected to emit a pollutant 
for the two-year period after a physical change or change in the method 
of operation of a unit, (or a different consecutive two-year period 
within 10 years after that change, where the Administrator determines 
that such period is more representative of normal source operations), 
considering the effect any such change will have on increasing or 
decreasing the hourly emissions rate and on projected capacity 
utilization. In projecting future emissions the Administrator shall:
    (i) Consider-all relevant information, including but not limited to, 
historical operational data, the company's own representations, filings 
with the State or Federal regulatory authorities, and compliance plans 
under title IV of the Clean Air Act; and
    (ii) Exclude, in calculating any increase in emissions that results 
from the particular physical change or change in the method of operation 
at an electric utility steam generating unit, that portion of the unit's 
emissions following the change that could have been accommodated during 
the representative baseline period and is attributable to an increase in 
projected capacity utilization at the unit that is unrelated to the 
particular change, including any increased utilization due to the rate 
of electricity demand growth for the utility system as a whole.
    (21) Temporary clean coal technology demonstration project means a 
clean coal technology demonstration project that is operated for a 
period of 5 years or less, and which complies with the State 
implementation plans for the State in which the project is located and 
other requirements necessary to attain and maintain the national ambient 
air quality standards during the project and after it is terminated.

[[Page 62]]

    (22) Clean coal technology means any technology, including 
technologies applied at the precombustion, combustion, or post 
combustion stage, at a new or existing facility which will achieve 
significant reductions in air emissions of sulfur dioxide or oxides of 
nitrogen associated with the utilization of coal in the generation of 
electricity, or process steam which was not in widespread use as of 
November 15, 1990.
    (23) Clean coal technology demonstration project means a project 
using funds appropriated under the heading `Department of Energy-Clean 
Coal Technology', up to a total amount of $2,500,000,000 for commercial 
demonstration of clean coal technology, or similar projects funded 
through appropriations for the Environmental Protection Agency. The 
Federal contribution for a qualifying project shall be at least 20 
percent of the total cost of the demonstration project.
    (24) Pollution control project means any activity or project 
undertaken at an existing electric utility steam generating unit for 
purposes of reducing emissions from such unit. Such activities or 
projects are limited to:
    (i) The installation of conventional or innovative pollution control 
technology, including but not limited to advanced flue gas 
desulfurization, sorbent injection for sulfur dioxide and nitrogen 
oxides controls and electrostatic precipitators;
    (ii) An activity or project to accommodate switching to a fuel which 
is less polluting than the fuel in use prior to the activity or project 
including, but not limited to natural gas or coal re-burning, co-firing 
of natural gas and other fuels for the purpose of controlling emissions;
    (iii) A permanent clean coal technology demonstration project 
conducted under title II, section 101(d) of the Further Continuing 
Appropriations Act of 1985 (section 5903(d) of title 42 of the United 
States Code), or subsequent appropriations, up to a total amount of 
$2,500,000,000 for commercial demonstration of clean coal technology, or 
similar projects funded through appropriations for the Environmental 
Protection Agency; or
    (iv) A permanent clean coal technology demonstration project that 
constitutes a repowering project.
    (g) This section shall not apply to a major stationary source or 
major modification if the source or modification was not subject to 40 
CFR part 51 Appendix S, as in effect on January 16, 1979, and the owner 
or operator:
    (1) Obtained all final Federal, state, and local preconstruction 
approvals or permits necessary under the applicable State Implementation 
Plan before August 7, 1980;
    (2) Commenced construction within 18 months from August 7, 1980, or 
any earlier time required under the applicable State Implementation 
Plan; and
    (3) Did not discontinue construction for a period of 18 months or 
more and completed construction within a reasonable time.
    (h) This section shall not apply to a source or modification that 
would be a major stationary source or major modification only if 
fugitive emissions, to the extent quantifiable, are considered in 
calculating the potential to emit of the stationary source or 
modification and the source does not belong to any of the following 
categories:
    (1) Coal cleaning plants (with thermal dryers);
    (2) Kraft pulp mills;
    (3) Portland cement plants;
    (4) Primary zinc smelters;
    (5) Iron and steel mills;
    (6) Primary aluminum ore reduction plants;
    (7) Primary copper smelters;
    (8) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (9) Hydrofluoric, sulfuric, or nitric acid plants;
    (10) Petroleum refineries;
    (11) Lime plants;
    (12) Phosphate rock processing plants;
    (13) Coke oven batteries;
    (14) Sulfur recovery plants;
    (15) Carbon black plants (furnace process);
    (16) Primary lead smelters;
    (17) Fuel conversion plants;
    (18) Sintering plants;
    (19) Secondary metal production plants;
    (20) Chemical process plants;

[[Page 63]]

    (21) Fossil-fuel boilers (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (22) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (23) Taconite ore processing plants;
    (24) Glass fiber processing plants;
    (25) Charcoal production plants;
    (26) Fossil fuel-fired steam electric plants of more than 250 
million British thermal units per hour heat input;
    (27) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act.
    (i) At such time that a particular source or modification becomes a 
major stationary source or major modification solely by virtue of a 
relaxation in any enforceable limitation which was established after 
August 7, 1980, on the capacity of the source or modification otherwise 
to emit a pollutant, such as a restriction on hours of operation, then:
    (1) If the construction moratorium imposed pursuant to this section 
is still in effect for the nonattainment area in which the source or 
modification is located, then the permit may not be so revised; or
    (2) If the construction moratorium is no longer in effect in that 
area, then the requirements of 40 CFR 51.165(a) shall apply to the 
source or modification as though construction had not yet commenced on 
the source or modification.
    (j) This section does not apply to major stationary sources or major 
modifications locating in a clearly defined part of a nonattainment area 
(such as a political subdivision of a State), where EPA finds that a 
plan which meets the requirements of Part D is in effect and is being 
implemented in that part.
    (k) For an area designated as nonattainment after July 1, 1979, the 
restrictions in paragraphs (a) and (b) of this section shall not apply 
prior to eighteen months after the date the area is designated as 
nonattainment. The Offset Ruling shall govern permits to construct and 
operate applied for during the period between the date of designation as 
nonattainment and either the date the Part D plan is approved or the 
date the restrictions in paragraphs (a) and (b) of this section apply, 
whichever is earlier.

[44 FR 38473, July 2, 1979]

    Editorial Note: For Federal Register citations affecting Sec. 52.24, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 52.26  Visibility monitoring strategy.

    (a) Plan Disapprovals. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to visibility monitoring. Specific disapprovals are listed where 
applicable in Subparts B through DD of this part. The provisions of this 
section have been incorporated by reference into the applicable 
implementation plan for various States, as provided in Subparts B 
through DDD of this part.
    (b) Definitions. For the purposes of this section:
    (1) Visibility protection area means any area listed in 40 CFR 
81.401-81.436 (1984).
    (2) All other terms shall have the meaning ascribed to them in the 
Clean Air Act, or in the protection of visibility program (40 CFR 
51.301), all as in effect on July 12, 1985.
    (c) Monitoring Requirements. (1) The Administrator, in cooperation 
with the appropriate Federal land manager, shall monitor visibility 
within each visibility protection area in any State whose State 
implementation plan is subject to a disapproval for failure to satisfy 
40 CFR 51.305 (1984).
    (2) The Administrator, in monitoring visibility within each such 
area, shall determine both background visibility conditions and 
reasonably attributable visibility impairment caused by a source or 
small group of sources for that area. The extent and the form of 
monitoring shall be sufficient for use in determining the potential 
effects of a new stationary source on visibility in the area, the 
stationary source or sources that are causing any visibility impairment, 
and progress toward remedying that impairment.
    (3) The Administrator shall use the following as appropriate to 
monitor visibility within each such area: (i)

[[Page 64]]

photographic cameras, (ii) fine particulate matter samplers, (iii) 
teleradiometers, (iv) nephelometers, (v) human observation, or (vi) 
other appropriate technology.
    (4) The Administrator, in cooperation with the Federal land 
managers, shall prepare monitoring plans that describe, to the maximum 
extent practicable, the methods and instruments of data collection, the 
monitoring locations and frequencies, the implementation schedule, the 
quality assurance procedures, and the methods of data reporting that the 
Administrator will use for each area. The Administrator shall make these 
plans available to the public.
    (5) The Administrator shall establish a central repository of 
monitoring data that includes any data on background visibility 
conditions and reasonably attributable impairment that the Administrator 
collects under this section and that the Federal land manager may 
collect or may have collected independently. These data shall be 
available to any person, subject to reasonable charges for copying.
    (d) Monitoring Plan Revision. (1) The Administrator shall review the 
monitoring plan annually for each visibility protection area, revise it 
as necessary, and include an assessment of changes to visibility 
conditions since the last review. The Administrator shall make all plan 
revisions available to the public.
    (2) Any person may make a request to the Administrator, at any time, 
for a revision to a monitoring plan. The Administrator shall respond to 
any such request within one year.
    (e) Delegation. The Administrator may delegate, with respect to a 
particular visibility protection area, any of his functions under this 
section to any State or local air pollution control agency of any State 
whose boundaries encompass that area or to any Federal land manager with 
jurisdiction over the area.

[50 FR 28550, July 12, 1985]



Sec. 52.27  Protection of visibility from sources in attainment areas.

    (a) Plan disapproval. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to protection of visibility, in mandatory Class I Federal areas, from 
sources emitting pollutants in any portion of any State where the 
existing air quality is better than the national ambient air quality 
standards for such pollutants, and where a State PSD program has been 
approved as part of the applicable SIP pursuant to 40 CFR 51.24. 
Specific disapprovals are listed where applicable in Subparts B through 
DDD of this part. The provisions of this section have been incorporated 
by reference into the applicable implementation plans for various 
States, as provided in Subparts B through DDD of this part.
    (b) Definitions. For purposes of this section, all terms shall have 
the meaning ascribed to them in the Clean Air Act, in the prevention of 
significant deterioration (PSD) program approved as part of the 
applicable SIP pursuant to 40 CFR 51.24 for the State, or in the 
protection of visibility program (40 CFR 51.301), all as in effect on 
July 12, 1985.
    (c) Federal visibility analysis. Any person shall have the right, in 
connection with any application for a permit to construct a major 
stationary source or major modification, to request that the 
administrator take responsibility from the State for conducting the 
required review of a proposed source's impact on visibility in any 
Fedral Class I area. If requested, the Administrator shall take such 
responsibility and conduct such review pursuant to paragraphs (e), (f) 
and (g) of this section in any case where the State fails to provide all 
of the procedural steps listed in paragraph (d) of this section. A 
request pursuant to this paragraph must be made within 60 days of the 
notice soliciting public comment on a permit, unless such notice is not 
properly given. The Administrator will not entertain requests 
challenging the substance of any State action concerning visibility 
where the State has provided all of the procedural steps listed in 
paragraph (d) of this section.
    (d) Procedural steps in visibility review. (1) The reviewing 
authority must provide written notification to all affected Federal land 
managers of any permit application for any proposed new major

[[Page 65]]

stationary source or major modification that may affect visibility in 
any Federal Class I area. Such notification shall include a copy of all 
information relevant to the permit application and shall be given within 
30 days of receipt and at least 60 days prior to any public hearing on 
the application for a permit to construct. Such notification shall 
include the proposed source's anticipated impacts on visibility in any 
Federal Class I area as provided by the applicant. Notification must 
also be given to all affected Federal land managers within 30 days of 
receipt of any advance notification of any such permit application.
    (2) The reviewing authority must consider any analysis performed by 
the Federal land managers, provided within 30 days of the notification 
required by paragraph (d)(1) of this section, that shows that such 
proposed new major stationary source or major modification may have:
    (i) An adverse impact on visibility in any Federal Class I area, or
    (ii) An adverse impact on visibility in an integral vista codified 
in part 81 of this title.
    (3) Where the reviewing authority finds that such an analysis does 
not demonstrate that the effect in paragraphs (d)(2) (i) or (ii) of this 
section will occur, either an explanation of its decision or 
notification as to where the explanation can be obtained must be 
included in the notice of public hearing.
    (4) Where the reviewing authority finds that such an analysis does 
demonstrate that the effect in paragraph (d)(2)(i) of this section will 
occur, the permit shall not be issued.
    (5) Where the reviewing authority finds that such an analysis does 
demonstrate that the effect in paragraph (d)(2)(ii) of this section will 
occur, the reviewing authority may issue a permit if the emissions from 
the source or modification will be consistent with reasonable progress 
toward the national goal. In making this decision, the reviewing 
authority may take into account the costs of compliance, the time 
necessary for compliance, the energy and nonair quality environmental 
impacts of compliance, and the useful life of the source.
    (e) Federal land manager notification. The Administrator shall 
provide all of the procedural steps listed in paragraph (d) of this 
section in conducting reviews pursuant to this section.
    (f) Monitoring. The Administrator may require monitoring of 
visibility in any Federal Class I area near the proposed new stationary 
source or major modification for such purposes and by such means as the 
Administrator deems necessary and appropriate.
    (g) Public participation. The Administrator shall follow the 
applicable procedures at 40 CFR part 124 in conducting reviews under 
this section. The Administrator shall follow the procedures at 40 CFR 
52.21(q) as in effect on August 7, 1980, to the extent that the 
procedures of 40 CFR part 124 do not apply.
    (h) Federal permit. In any case where the Administrator has made a 
finding that a State consistently fails or is unable to provide the 
procedural steps listed in paragraph (d) of this section, the 
Administrator shall require all prospective permit applicants in such 
State to apply directly to the Administrator, and the Administrator 
shall conduct a visibility review pursuant to this section for all 
permit applications.

[50 FR 28551, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.28  Protection of visibility from sources in nonattainment areas.

    (a) Plan disapproval. The provisions of this section are applicable 
to any State implementation plan which has been disapproved with respect 
to protection of visibility, in mandatory Class I Federal areas where 
visibility is considered an important value, from sources emitting 
pollutants in any portion of any State where the existing air quality is 
not in compliance with the national ambient air quality standards for 
such pollutants. Specific disapprovals are listed where applicable in 
Subparts B through DDD of this part. The provisions of this section have 
been incorporated into the applicable implementation plans for various 
States, as provided in Subparts B through DDD of this part.
    (b) Definitions. For the purposes of this section:

[[Page 66]]

    (1) Visibility protection area means any area listed in 40 CFR 
81.401-81.436 (1984).
    (2) All other terms shall have the meaning ascribed to them in the 
protection of visibility program (40 CFR 51.301) or the prevention of 
significant deterioration (PSD) program either approved as part of the 
applicable SIP pursuant to 40 CFR 51.24 or in effect for the applicable 
SIP pursuant to 40 CFR 52.21, all as in effect on July 12, 1985.
    (c) Review of major stationary sources and major modifications--
source applicability and exemptions. (1) No stationary source or 
modification to which the requirements of this section apply shall begin 
actual construction without a permit which states that the stationary 
source or modification would meet those requirements. The Administrator 
has sole authority to issue any such permit unless the authority has 
been delegated pursuant to paragraph (i) of this section.
    (2) The requirements of this section shall apply to construction of 
any new major stationary source or major modification that would both be 
constructed in an area classified as nonattainment under section 
107(d)(1)(A), (B) or (C) of the Clean Air Act and potentially have an 
impact on visibility in any visibility proctection area.
    (3) The requirements of this section shall apply to any such major 
stationary source and any such major modification with respect to each 
pollutant subject to regulation under the Clean Air Act that it would 
emit, except as this section otherwise provides.
    (4) The requirements of this section shall not apply to a particular 
major stationary source or major modification, if:
    (i) The source or modification would be a nonprofit health or 
nonprofit educational institution, or a major modification would occur 
at such an institution, and the governor of the State in which the 
source or modification would be located requests that it be exempt from 
those requirements; or
    (ii) The source or modification would be a major stationary source 
or major modification only if fugitive emissions, to the extent 
quantifiable, are considered in calculating the potential to emit of the 
stationary source or modification and the source does not belong to any 
of the following categories:
    (A) Coal cleaning plants (with thermal dryers);
    (B) Kraft pulp mills;
    (C) Portland cement plants;
    (D) Primary zinc smelters;
    (E) Iron and steel mills;
    (F) Primary aluminum ore reduction plants;
    (G) Primary copper smelters;
    (H) Municipal incinerators capable of charging more than 250 tons of 
refuse per day;
    (I) Hydrofluoric, sulfuric, or nitric acid plants;
    (J) Petroleum refineries;
    (K) Lime plants;
    (L) Phosphate rock processing plants;
    (M) Coke oven batteries;
    (N) Sulfur recovery plants;
    (O) Carbon black plants (furnace process);
    (P) Primary lead smelters;
    (Q) Fuel conversion plants;
    (R) Sintering plants;
    (S) Secondary metal production plants;
    (T) Chemical process plants;
    (U) Fossil-fuel boiler (or combination thereof) totaling more than 
250 million British thermal units per hour heat input;
    (V) Petroleum storage and transfer units with a total storage 
capacity exceeding 300,000 barrels;
    (W) Taconite ore processing plants;
    (X) Glass fiber processing plants;
    (Y) Charcoal production plants;
    (Z) Fossil fuel-fired steam electric plants of more than 250 million 
British thermal units per hour heat input;
    (AA) Any other stationary source category which, as of August 7, 
1980, is being regulated under section 111 or 112 of the Act; or
    (iii) The source is a portable stationary source which has 
previously received a permit under this section, and
    (A) The owner or operator proposes to relocate the source and 
emissions of the source at the new location would be temporary; and
    (B) The emissions from the source would not exceed its allowable 
emissions; and
    (C) The emissions from the source would impact no Class I area and 
no area where an applicable increment is known to be violated; and

[[Page 67]]

    (D) Reasonable notice is given to the Administrator, prior to the 
relocation, identifying the proposed new location and the probable 
duration of operation at the new location. Such notice shall be given to 
the Administrator not less than 10 days in advance of the proposed 
relocation, unless a different time duration is previously approved by 
the Administrator.
    (5) The requirements of this section shall not apply to a major 
stationary source or major modification with respect to a particular 
pollutant if the owner or operator demonstrates that, as to that 
pollutant, the source or modification is located in an area designated 
as attainment under section 107 of the Clean Air Act.
    (6) The requirements of this section shall not apply to a major 
stationary source or major modification with respect to a particular 
pollutant, if the allowable emissions of that pollutant from the source, 
or the net emissions increase of that pollutant from the modification:
    (i) Would impact no Class I area and no area where an applicable 
increment is known to be violated, and
    (ii) Would be temporary.
    (d) Visibility Impact Analyses. The owner or operator of a source 
shall provide an analysis of the impairment to visibility that would 
occur as a result of the source or modification and general commercial, 
residential, industrial and other growth associated with the source or 
modification.
    (e) Federal land manager notification. (1) The Federal land manager 
and the Federal official charged with direct responsibility for 
management of Federal Class I areas have an affirmative responsibility 
to protect the air quality related values (including visibility) of such 
lands and to consider, in consultation with the Administrator, whether a 
proposed source or modification will have an adverse impact on such 
values.
    (2) The Administrator shall provide written notification to all 
affected Federal land managers of any permit application for any 
proposed new major stationary source or major modification that may 
affect visibility in any visibility protection area.The Administrator 
shall also provide for such notification to the Federal official charged 
with direct responsibility for management of any lands within any such 
area. Such notification shall include a copy of all information relevant 
to the permit application and shall be given within 30 days of receipt 
and at least 60 days prior to any public hearing on the application for 
a permit to construct. Such notification shall include an analysis of 
the proposed source's anticipated impacts on visibility in any 
visibility protection area. The Administrator shall also notify all 
affected FLM's within 30 days of receipt of any advance notification of 
any such permit application.
    (3) The Administrator shall consider any analysis performed by the 
Federal land manager, provided within 30 days of the notification 
required by paragraph (e)(2) of this section, that such proposed new 
major stationary source or major modification may have an adverse impact 
on visibility in any visibility protection area. Where the Administrator 
finds that such an analysis does not demonstrate to the satisfaction of 
the Administrator that an adverse impact on visibility will result in 
the visibility protection area, the Administrator must, in the notice of 
public hearing, either explain his decision or give notice as to where 
the explanation can be obtained.
    (f) Public participation. The Administrator shall follow the 
applicable procedures of 40 CFR part 124 in processing applications 
under this section. The Administrator shall follow the procedures at 40 
CFR 52.21(q) as in effect on August 7, 1980, to the extent that the 
procedures of 40 CFR part 124 do not apply.
    (g) National visibility goal. The Administrator shall only issue 
permits to those sources whose emissions will be consistent with making 
reasonable progress toward the national goal of preventing any future, 
and remedying any existing, impairment of visibility in visibility 
protection areas which impairment results from man-made air pollution. 
In making the decision to issue a permit, the Administrator may take 
into account the costs of compliance, the time necessary for compliance, 
the energy and nonair quality environmental impacts of compliance, and 
the useful life of the source.

[[Page 68]]

    (h) Monitoring. The Administrator may require monitoring of 
visibility in any visibility protection area near the proposed new 
stationary source or major modification for such purposes and by such 
means as the Administrator deems necessary and appropriate.
    (i) Delegation of authority. (1) The Administrator shall have the 
authority to delegate the responsibility for conducting source review 
pursuant to this section to any agency in accordance with paragraphs 
(i)(2) and (3) of this section.
    (2) Where the Administrator delegates the responsibility for 
conducting source review under this section to any agency other than a 
Regional Office of the Environmental Protection Agency, the following 
provisions shall apply:
    (i) Where the delegate agency is not an air pollution control agency 
it shall consult with the appropriate State and local air pollution 
control agency prior to making any determination under this section. 
Similarly, where the delegate agency does not have continuing 
responsibility for managing land use, it shall consult with the 
appropriate State and local agency primarily responsible for managing 
land use prior to making any determination under this section.
    (ii) The delegate agency shall submit a copy of any public comment 
notice required under paragraph (f) of this section to the Administrator 
through the appropriate Regional Office.
    (3) The Administrator's authority for reviewing a source or 
modification located on an Indian Reservation shall not be redelegated 
other than to a Regional Office of the Environmental Protection Agency, 
except where the State has assumed jurisdiction over such land under 
other laws. Where the State has assumed such jurisdiction, the 
Administrator may delegate his authority to the States in accordance 
with paragraph (i)(2) of this section.

[50 FR 28551, July 12, 1985]



Sec. 52.29  Visibility long-term strategies.

    (a) Plan disapprovals. The provisions of this section are applicable 
to any State implementation plan which has been disapproved for not 
meeting the requirements of 40 CFR 51.306 regarding the development, 
periodic review, and revision of visibility long-term strategies. 
Specific disapprovals are listed where applicable in Subparts B through 
DDD of this part. The provisions of this section have been incorporated 
into the applicable implementation plan for various States, as provided 
in Subparts B through DDD of this part.
    (b) Definitions. For the purposes of this section, all terms shall 
have the meaning as ascribed to them in the Clean Air Act, or in the 
protection of visibility program (40 CFR 51.301).
    (c) Long-term strategy. (1) A long-term strategy is a 10- to 15-year 
plan for making reasonable progress toward the national goal specified 
in Sec. 51.300(a). This strategy will cover any existing impairment 
certified by the Federal land manager and any integral vista which has 
been identified according to Sec. 51.304.
    (2) The Administrator shall review, and revise if appropriate, the 
long-term strategies developed for each visibility protection area. The 
review and revisions will be completed no less frequently than every 3 
years from November 24, 1987.
    (3) During the long-term strategy review process, the Administrator 
shall consult with the Federal land managers responsible for the 
appropriate mandatory Class I Federal areas, and will coordinate long-
term strategy development for an area with existing plans and goals, 
including those provided by the Federal land managers.
    (4) The Administrator shall prepare a report on any progress made 
toward the national visibility goal since the last long-term strategy 
revisions. A report will be made available to the public not less 
frequently than 3 years from November 24, 1987. This report must include 
an assessment of:
    (i) The progress achieved in remedying existing impairment of 
visibility in any mandatory Class I Federal area;
    (ii) The ability of the long-term strategy to prevent future 
impairment of visibility in any mandatory Class I Federal area;
    (iii) Any change in visibility since the last such report, or in the 
case of the first report, since plan approval;

[[Page 69]]

    (iv) Additional measures, including the need for SIP revisions, that 
may be necessary to assure reasonable progress toward the national 
visibility goal;
    (v) The progress achieved in implementing best available retrofit 
technology (BART) and meeting other schedules set forth in the long-term 
strategy;
    (vi) The impact of any exemption granted under Sec. 51.303;
    (vii) The need for BART to remedy existing visibility impairment of 
any integral vista identified pursuant to Sec. 51.304.
    (d) Delegation of authority. The Administrator may delegate with 
respect to a particular visibility protection area any of his functions 
under this section, except the making of regulations, to any State or 
local air pollution control agency of any State whose boundaries 
encompass that area.

[52 FR 45137, Nov. 24, 1987]



Sec. 52.30  Criteria for limiting application of sanctions under section 
110(m) of the Clean Air Act on a statewide basis.

    (a) Definitions. For the purpose of this section:
    (1) The term ``political subdivision'' refers to the representative 
body that is responsible for adopting and/or implementing air pollution 
controls for one, or any combination of one or more of the following: 
city, town, borough, county, parish, district, or any other geographical 
subdivision created by, or pursuant to, Federal or State law. This will 
include any agency designated under section 174, 42 U.S.C. 7504, by the 
State to carry out the air planning responsibilities under part D.
    (2) The term ``required activity'' means the submission of a plan or 
plan item, or the implementation of a plan or plan item.
    (3) The term ``deficiency'' means the failure to perform a required 
activity as defined in paragraph (a)(2) of this section.
    (4) For purposes of Sec. 52.30, the terms ``plan'' or ``plan item'' 
mean an implementation plan or portion of an implementation plan or 
action needed to prepare such plan required by the Clean Air Act, as 
amended in 1990, or in response to a SIP call issued pursuant to section 
110(k)(5) of the Act.
    (b) Sanctions. During the 24 months after a finding, determination, 
or disapproval under section 179(a) of the Clean Air Act is made, EPA 
will not impose sanctions under section 110(m) of the Act on a statewide 
basis if the Administrator finds that one or more political subdivisions 
of the State are principally responsible for the deficiency on which the 
finding, disapproval, or determination as provided under section 
179(a)(1) through (4) is based.
    (c) Criteria. For the purposes of this provision, EPA will consider 
a political subdivision to be principally responsible for the deficiency 
on which a section 179(a) finding is based, if all five of the following 
criteria are met.
    (1) The State has provided adequate legal authority to a political 
subdivision to perform the required activity.
    (2) The required activity is one which has traditionally been 
performed by the local political subdivision, or the responsibility for 
performing the required activity has been delegated to the political 
subdivision.
    (3) The State has provided adequate funding or authority to obtain 
funding (when funding is necessary to carry out the required activity) 
to the political subdivision to perform the required activity.
    (4) The political subdivision has agreed to perform (and has not 
revoked that agreement), or is required by State law to accept 
responsibility for performing, the required activity.
    (5) The political subdivision has failed to perform the required 
activity.
    (d) Imposition of sanctions. (1) If all of the criteria in paragraph 
(c) of this section have been met through the action or inaction of one 
political subdivision, EPA will not impose sanctions on a statewide 
basis.
    (2) If not all of the criteria in paragraph (c) of this section have 
been met through the action or inaction of one political subdivision, 
EPA will determine the area for which it is reasonable and appropriate 
to apply sanctions.

[59 FR 1484, Jan. 11, 1994]

[[Page 70]]



Sec. 52.31  Selection of sequence of mandatory sanctions for findings made 
pursuant to section 179 of the Clean Air Act.

    (a) Purpose. The purpose of this section is to implement 42 U.S.C. 
7509(a) of the Act, with respect to the sequence in which sanctions will 
automatically apply under 42 U.S.C. 7509(b), following a finding made by 
the Administrator pursuant to 42 U.S.C. 7509(a).
    (b) Definitions. All terms used in this section, but not 
specifically defined herein, shall have the meaning given them in Sec. 
52.01.
    (1) 1990 Amendments means the 1990 Amendments to the Clean Air Act 
(Pub. L. No. 101-549, 104 Stat. 2399).
    (2) Act means Clean Air Act, as amended in 1990 (42 U.S.C. 7401 et 
seq. (1991)).
    (3) Affected area means the geographic area subject to or covered by 
the Act requirement that is the subject of the finding and either, for 
purposes of the offset sanction under paragraph (e)(1) of this section 
and the highway sanction under paragraph (e)(2) of this section, is or 
is within an area designated nonattainment under 42 U.S.C. 7407(d) or, 
for purposes of the offset sanction under paragraph (e)(1) of this 
section, is or is within an area otherwise subject to the emission 
offset requirements of 42 U.S.C. 7503.
    (4) Criteria pollutant means a pollutant for which the Administrator 
has promulgated a national ambient air quality standard pursuant to 42 
U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter, 
carbon monoxide, nitrogen dioxide).
    (5) Findings or Finding refer(s) to one or more of the findings, 
disapprovals, and determinations described in subsection 52.31 (c).
    (6) NAAQS means national ambient air quality standard the 
Administrator has promulgated pursuant to 42 U.S.C. 7409.
    (7) Ozone precursors mean nitrogen oxides (NOx) and 
volatile organic compounds (VOC).
    (8) Part D means part D of title I of the Act.
    (9) Part D SIP or SIP revision or plan means a State implementation 
plan or plan revision that States are required to submit or revise 
pursuant to part D.
    (10) Precursor means pollutant which is transformed in the 
atmosphere (later in time and space from point of emission) to form (or 
contribute to the formation of) a criteria pollutant.
    (c) Applicability. This section shall apply to any State in which an 
affected area is located and for which the Administrator has made one of 
the following findings, with respect to any part D SIP or SIP revision 
required under the Act:
    (1) A finding that a State has failed, for an area designated 
nonattainment under 42 U.S.C. 7407(d), to submit a plan, or to submit 
one or more of the elements (as determined by the Administrator) 
required by the provisions of the Act applicable to such an area, or has 
failed to make a submission for such an area that satisfies the minimum 
criteria established in relation to any such element under 42 U.S.C. 
7410(k);
    (2) A disapproval of a submission under 42 U.S.C. 7410(k), for an 
area designated nonattainment under 42 U.S.C. 7407(d), based on the 
submission's failure to meet one or more of the elements required by the 
provisions of the Act applicable to such an area;
    (3)(i) A determination that a State has failed to make any 
submission required under the Act, other than one described under 
paragraph (c)(1) or (c)(2) of this section, including an adequate 
maintenance plan, or has failed to make any submission, required under 
the Act, other than one described under paragraph (c)(1) or (c)(2) of 
this section, that satisfies the minimum criteria established in 
relation to such submission under 42 U.S.C. 7410(k)(1)(A); or
    (ii) A disapproval in whole or in part of a submission described 
under paragraph (c)(3)(i) of this section; or
    (4) A finding that any requirement of an approved plan (or approved 
part of a plan) is not being implemented.
    (d) Sanction application sequencing. (1) To implement 42 U.S.C. 
7509(a), the offset sanction under paragraph (e)(1) of this section 
shall apply in an affected area 18 months from the date when the 
Administrator makes a finding under paragraph (c) of this section unless 
the Administrator affirmatively determines that the deficiency forming 
the

[[Page 71]]

basis of the finding has been corrected. To further implement 42 U.S.C. 
7509(a), the highway sanction under paragraph (e)(2) of this section 
shall apply in an affected area 6 months from the date the offset 
sanction under paragraph (e)(1) of this section applies, unless the 
Administrator affirmatively determines that the deficiency forming the 
basis of the finding has been corrected. For the findings under 
paragraphs (c)(2), (c)(3)(ii), and (c)(4) of this section, the date of 
the finding shall be the effective date as defined in the final action 
triggering the sanctions clock.
    (2)(i) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and the 
Administrator, prior to 18 months from the finding, has proposed to 
fully or conditionally approve the revised plan and has issued an 
interim final determination that the revised plan corrects the 
deficiency prompting the finding, application of the offset sanction 
under paragraph (e)(1) of this section shall be deferred unless and 
until the Administrator proposes to or takes final action to disapprove 
the plan in whole or in part. If the Administrator issues such a 
proposed or final disapproval of the plan, the offset sanction under 
paragraph (e)(1) of this section shall apply in the affected area on the 
later of the date the Administrator issues such a proposed or final 
disapproval, or 18 months following the finding that started the 
sanctions clock. The highway sanction under paragraph (e)(2) of this 
section shall apply in the affected area 6 months after the date the 
offset sanction under paragraph (e)(1) of this section applies, unless 
the Administrator determines that the deficiency forming the basis of 
the finding has been corrected.
    (ii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and after 
18 but before 24 months from the finding the Administrator has proposed 
to fully or conditionally approve the revised plan and has issued an 
interim final determination that the revised plan corrects the 
deficiency prompting the finding, application of the offset sanction 
under paragraph (e)(1) of this section shall be stayed and application 
of the highway sanction under paragraph (e)(2) of this section shall be 
deferred unless and until the Administrator proposes to or takes final 
action to disapprove the plan in whole or in part. If the Administrator 
issues such a proposed or final disapproval of the plan, the offset 
sanction under paragraph (e)(1) of this section shall reapply in the 
affected area on the date the Administrator issues such a proposed or 
final disapproval. The highway sanction under paragraph (e)(2) of this 
section shall apply in the affected area on the later of 6 months from 
the date the offset sanction under paragraph (e)(1) of this section 
first applied in the affected area, unless the Administrator determines 
that the deficiency forming the basis of the finding has been corrected, 
or immediately if the proposed or final disapproval occurs more than 6 
months after initial application of the offset sanction under paragraph 
(e)(1) of this section.
    (iii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and more 
than 24 months after the finding the Administrator has proposed to fully 
or conditionally approve the revised plan and has issued an interim 
final determination that the revised plan corrects the deficiency 
prompting the finding, application of the offset sanction under 
paragraph (e)(1) of this section and application of the highway sanction 
under paragraph (e)(2) of this section shall be stayed unless and until 
the Administrator proposes to or takes final action to disapprove the 
plan in whole or in part. If the Administrator issues such a proposed or 
final disapproval, the offset sanction under paragraph (e)(1) of this 
section and the highway sanction under paragraph (e)(2) of this section 
shall reapply in the affected area on the date the Administrator

[[Page 72]]

issues such proposed or final disapproval.
    (3)(i) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and the 
Administrator, prior to 18 months from the finding, has conditionally-
approved the revised plan and has issued an interim final determination 
that the revised plan corrects the deficiency prompting the finding, 
application of the offset sanction under paragraph (e)(1) of this 
section shall be deferred unless and until the conditional approval 
converts to a disapproval or the Administrator proposes to or takes 
final action to disapprove in whole or in part the revised SIP the State 
submits to fulfill the commitment in the conditionally-approved plan. If 
the conditional approval so becomes a disapproval or the Administrator 
issues such a proposed or final disapproval, the offset sanction under 
paragraph (e)(1) of this section shall apply in the affected area on the 
later of the date the approval becomes a disapproval or the 
Administrator issues such a proposed or final disapproval, whichever is 
applicable, or 18 months following the finding that started the 
sanctions clock. The highway sanction under paragraph (e)(2) of this 
section shall apply in the affected area 6 months after the date the 
offset sanction under paragraph (e)(1) of this section applies, unless 
the Administrator determines that the deficiency forming the basis of 
the finding has been corrected.
    (ii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and after 
18 but before 24 months from the finding the Administrator has 
conditionally approved the revised plan and has issued an interim final 
determination that the revised plan corrects the deficiency prompting 
the finding, application of the offset sanction under paragraph (e)(1) 
of this section shall be stayed and application of the highway sanction 
under paragraph (e)(2) of this section shall be deferred unless and 
until the conditional approval converts to a disapproval or the 
Administrator proposes to or takes final action to disapprove in whole 
or in part the revised SIP the State submits to fulfill the commitment 
in the conditionally-approved plan. If the conditional approval so 
becomes a disapproval or the Administrator issues such a proposed or 
final disapproval, the offset sanction under paragraph (e)(1) of this 
section shall reapply in the affected area on the date the approval 
becomes a disapproval or the Administrator issues such a proposed or 
final disapproval, whichever is applicable. The highway sanction under 
paragraph (e)(2) of this section shall apply in the affected area on the 
later of 6 months from the date the offset sanction under paragraph 
(e)(1) of this section first applied in the affected area, unless the 
Administrator determines that the deficiency forming the basis of the 
finding has been corrected, or immediately if the conditional approval 
becomes a disapproval or the Administrator issues such a proposed or 
final disapproval, whichever is applicable, more than 6 months after 
initial application of the offset sanction under paragraph (e)(1) of 
this section.
    (iii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following the findings under paragraphs 
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a 
revised plan to correct the deficiency prompting the finding and after 
24 months from the finding the Administrator has conditionally approved 
the revised plan and has issued an interim final determination that the 
revised plan corrects the deficiency prompting the finding, application 
of the offset sanction under paragraph (e)(1) of this section and 
application of the highway sanction under paragraph (e)(2) of this 
section shall be stayed unless and until the conditional approval 
converts to a disapproval or the Administrator proposes to or takes 
final action to disapprove in whole or in part the revised SIP the State 
submits to fulfill its commitment in the conditionally-approved plan. If 
the conditional approval so becomes a disapproval or the Administrator 
issues such a proposed or final

[[Page 73]]

disapproval, the offset sanction under paragraph (e)(1) of this section 
and the highway sanction under paragraph (e)(2) of this section shall 
reapply in the affected area on the date the conditional approval 
becomes a disapproval or the Administrator issues such a proposed or 
final disapproval, whichever is applicable.
    (4)(i) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) 
of this section, if the Administrator, prior to 18 months from the 
finding, has proposed to find that the State is implementing the 
approved plan and has issued an interim final determination that the 
deficiency prompting the finding has been corrected, application of the 
offset sanction under paragraph (e)(1) of this section shall be deferred 
unless and until the Administrator preliminarily or finally determines, 
through a proposed or final finding, that the State is not implementing 
the approved plan and that, therefore, the State has not corrected the 
deficiency. If the Administrator so preliminarily or finally determines 
that the State has not corrected the deficiency, the offset sanction 
under paragraph (e)(1) of this section shall apply in the affected area 
on the later of the date the Administrator proposes to take action or 
takes final action to find that the finding of nonimplementation has not 
been corrected, or 18 months following the finding that started the 
sanctions clock. The highway sanction under paragraph (e)(2) of this 
section shall apply in the affected area 6 months after the date the 
offset sanction under paragraph (e)(1) of this section first applies, 
unless the Administrator preliminarily or finally determines that the 
deficiency forming the basis of the finding has been corrected.
    (ii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) 
of this section, if after 18 months but before 24 months from the 
finding the Administrator has proposed to find that the State is 
implementing the approved plan and has issued an interim final 
determination that the deficiency prompting the finding has been 
corrected, application of the offset sanction under paragraph (e)(1) of 
this section shall be stayed and application of the highway sanction 
under paragraph (e)(2) of this section shall be deferred unless and 
until the Administrator preliminarily or finally determines, through a 
proposed or final finding, that the State is not implementing the 
approved plan and that, therefore, the State has not corrected the 
deficiency. If the Administrator so preliminarily or finally determines 
that the State has not corrected the deficiency, the offset sanction 
under paragraph (e)(1) of this section shall reapply in the affected 
area on the date the Administrator proposes to take action or takes 
final action to find that the finding of nonimplementation has not been 
corrected. The highway sanction under paragraph (e)(2) of this section 
shall apply in the affected area on the later of 6 months from the date 
the offset sanction under paragraph (e)(1) of this section first applied 
in the affected area, unless the Administrator preliminarily or finally 
determines that the deficiency forming the basis of the finding has been 
corrected, or immediately if EPA's proposed or final action finding the 
deficiency has not been corrected occurs more than 6 months after 
initial application of the offset sanction under paragraph (e)(1) of 
this section.
    (iii) Notwithstanding paragraph (d)(1) of this section, to further 
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) 
of this section, if after 24 months from the finding the Administrator 
has proposed to find that the State is implementing the approved plan 
and has issued an interim final determination that the deficiency 
prompting the finding has been corrected, application of the offset 
sanction under paragraph (e)(1) of this section and the highway sanction 
under paragraph (e)(2) of this section shall be stayed unless and until 
the Administrator preliminarily or finally determines, through a 
proposed or final finding, that the State is not implementing the 
approved plan, and that, therefore, the State has not corrected the 
deficiency. If the Administrator so preliminarily or finally determines 
that

[[Page 74]]

the State has not corrected the deficiency, the offset sanction under 
paragraph (e)(1) of this section and the highway sanction under 
paragraph (e)(2) of this section shall reapply in the affected area on 
the date the Administrator proposes to take action or takes final action 
to find that the finding of nonimplementation has not been corrected.
    (5) Any sanction clock started by a finding under paragraph (c) of 
this section will be permanently stopped and sanctions applied, stayed 
or deferred will be permanently lifted upon a final EPA finding that the 
deficiency forming the basis of the finding has been corrected. For a 
sanctions clock and applied sanctions based on a finding under 
paragraphs (c)(1) and (c)(3)(i) of this section, a finding that the 
deficiency has been corrected will occur by letter from the 
Administrator to the State governor. For a sanctions clock or applied, 
stayed or deferred sanctions based on a finding under paragraphs (c)(2) 
and (c)(3)(ii) of this section, a finding that the deficiency has been 
corrected will occur through a final notice in the Federal Register 
fully approving the revised SIP. For a sanctions clock or applied, 
stayed or deferred sanctions based on a finding under paragraph (c)(4) 
of this section, a finding that the deficiency has been corrected will 
occur through a final notice in the Federal Register finding that the 
State is implementing the approved SIP.
    (6) Notwithstanding paragraph (d)(1) of this section, nothing in 
this section will prohibit the Administrator from determining through 
notice-and-comment rulemaking that in specific circumstances the highway 
sanction, rather than the offset sanction, shall apply 18 months after 
the Administrator makes one of the findings under paragraph (c) of this 
section, and that the offset sanction, rather than the highway sanction, 
shall apply 6 months from the date the highway sanction applies.
    (e) Available sanctions and method for implementation--(1) Offset 
sanction. (i) As further set forth in paragraphs (e)(1)(ii)-(e)(1)(vi) 
of this section, the State shall apply the emissions offset requirement 
in the timeframe prescribed under paragraph (d) of this section on those 
affected areas subject under paragraph (d) of this section to the offset 
sanction. The State shall apply the emission offset requirements in 
accordance with 42 U.S.C. 7503 and 7509(b)(2), at a ratio of at least 
two units of emission reductions for each unit of increased emissions of 
the pollutant(s) and its (their) precursors for which the finding(s) 
under paragraph (c) of this section is (are) made. If the deficiency 
prompting the finding under paragraph (c) of this section is not 
specific to one or more particular pollutants and their precursors, the 
2-to-1 ratio shall apply to all pollutants (and their precursors) for 
which an affected area within the State listed in paragraph (e)(1)(i) of 
this section is required to meet the offset requirements of 42 U.S.C. 
7503.
    (ii) Notwithstanding paragraph (e)(1)(i) of this section, when a 
finding is made with respect to a requirement for the criteria pollutant 
ozone or when the finding is not pollutant-specific, the State shall not 
apply the emissions offset requirements at a ratio of at least 2-to-1 
for emission reductions to increased emissions for nitrogen oxides 
where, under 42 U.S.C. 7511a(f), the Administrator has approved an 
NOX exemption for the affected area from the Act's new source 
review requirements under 42 U.S.C. 7501-7515 for NOX or 
where the affected area is not otherwise subject to the Act's new source 
review requirements for emission offsets under 42 U.S.C. 7501-7515 for 
NOX.
    (iii) Notwithstanding paragraph (e)(1)(i) of this section, when a 
finding under paragraph (c) of this section is made with respect to PM-
10, or the finding is not pollutant-specific, the State shall not apply 
the emissions offset requirements, at a ratio of at least 2-to-1 for 
emission reductions to increased emissions to PM-10 precursors if the 
Administrator has determined under 42 U.S.C. 7513a(e) that major 
stationary sources of PM-10 precursors do not contribute significantly 
to PM-10 levels which exceed the NAAQS in the affected area.
    (iv) For purposes of applying the emissions offset requirement set 
forth

[[Page 75]]

in 42 U.S.C. 7503, at the 2-to-1 ratio required under this section, the 
State shall comply with the provisions of a State-adopted new source 
review (NSR) program that EPA has approved under 42 U.S.C. 7410(k)(3) as 
meeting the nonattainment area NSR requirements of 42 U.S.C. 7501-7515, 
as amended by the 1990 Amendments, or, if no plan has been so approved, 
the State shall comply directly with the nonattainment area NSR 
requirements specified in 42 U.S.C. 7501-7515, as amended by the 1990 
Amendments, or cease issuing permits to construct and operate major new 
or modified sources as defined in those requirements. For purposes of 
applying the offset requirement under 42 U.S.C. 7503 where EPA has not 
fully approved a State's NSR program as meeting the requirements of part 
D, the specifications of those provisions shall supersede any State 
requirement that is less stringent or inconsistent.
    (v) For purposes of applying the emissions offset requirement set 
forth in 42 U.S.C. 7503, any permit required pursuant to 42 U.S.C. 7503 
and issued on or after the date the offset sanction applies under 
paragraph (d) of this section shall be subject to the enhanced 2-to-1 
ratio under paragraph (e)(1)(i) of this section.
    (2) Highway funding sanction. The highway sanction shall apply, as 
provided in 42 U.S.C. 7509(b)(1), in the timeframe prescribed under 
paragraph (d) of this section on those affected areas subject under 
paragraph (d) of this section to the highway sanction, but shall apply 
only to those portions of affected areas that are designated 
nonattainment under 40 CFR part 81.

[59 FR 39859, Aug. 4, 1994]



Sec. 52.32  Sanctions following findings of SIP inadequacy.

    For purposes of the SIP revisions required by Sec. 51.120, EPA may make 
a finding under section 179(a) (1)-(4) of the Clean Air Act, 42 U.S.C. 
7509(a) (1)-(4), starting the sanctions process set forth in section 
179(a) of the Clean Air Act. Any such finding will be deemed a finding 
under Sec. 52.31(c) and sanctions will be imposed in accordance with the 
order of sanctions and the terms for such sanctions established in Sec. 
52.31.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.33  Compliance certifications.

    (a) For the purpose of submitting compliance certifications, nothing 
in this part or in a plan promulgated by the Administrator shall 
preclude the use, including the exclusive use, of any credible evidence 
or information, relevant to whether a source would have been in 
compliance with applicable requirements if the appropriate performance 
or compliance test had been performed.
    (b) For all federal implementation plans, paragraph (a) of this 
section is incorporated into the plan.

[62 FR 8328, Feb. 24, 1997]



Sec. 52.34  Action on petitions submitted under section 126 relating to 
emissions of nitrogen oxides.

    (a) Definitions. For purposes of this section, the following 
definitions apply:
    (1) Administrator means the Administrator of the United States 
Environmental Protection Agency or the Administrator's duly authorized 
representative.
    (2) Large Electric Generating Units (large EGUs) means:
    (i) For units that commenced operation before January 1, 1997, a 
unit serving during 1995 or 1996 a generator that had a nameplate 
capacity greater than 25 MWe and produced electricity for sale under a 
firm contract to the electric grid.
    (ii) For units that commenced operation on or after January 1, 1997 
and before January 1, 1999, a unit serving at any time during 1997 or 
1998 a generator that had a nameplate capacity greater than 25 MWe and 
produced electricity for sale under a firm contract to the electric 
grid.
    (iii) For units that commence operation on or after January 1, 1999, 
a unit serving at any time a generator that has a nameplate capacity 
greater than 25 MWe and produces electricity for sale.
    (3) Large Non-Electric Generating Units (large non-EGUs) means:

[[Page 76]]

    (i) For units that commenced operation before January 1, 1997, a 
unit that has a maximum design heat input greater than 250 mmBtu/hr and 
that did not serve during 1995 or 1996 a generator producing electricity 
for sale under a firm contract to the electric grid.
    (ii) For units that commenced operation on or after January 1, 1997 
and before January 1, 1999, a unit that has a maximum design heat input 
greater than 250 mmBtu/hr and that did not serve at any time during 1997 
or 1998 a generator producing electricity for sale under a firm contract 
to the electric grid.
    (iii) For units that commence operation on or after January 1, 1999, 
a unit with a maximum design heat input greater than 250 mmBtu/hr that:
    (A) At no time serves a generator producing electricity for sale; or
    (B) At any time serves a generator producing electricity for sale, 
if any such generator has a nameplate capacity of 25 MWe or less and has 
the potential to use 50 percent or less of the potential electrical 
output capacity of the unit.
    (4) New sources means new and modified sources.
    (5) NOX means oxides of nitrogen.
    (6) OTAG means the Ozone Transport Assessment Group (active 1995-
1997), a national work group that addressed the problem of ground-level 
ozone and the long-range transport of air pollution across the Eastern 
United States. The OTAG was a partnership between EPA, the Environmental 
Council of the States, and various industry and environmental groups.
    (7) Ozone season means the period of time beginning May 1 of a year 
and ending on September 30 of the same year, inclusive.
    (8) Potential electrical output capacity means, with regard to a 
unit, 33 percent of the maximum design heat input of the unit.
    (9) Unit means a fossil-fuel fired stationary boiler, combustion 
turbine, or combined cycle system.
    (b) Purpose and applicability. Paragraphs (c), (e)(1) and (e)(2), 
(g), and (h)(1) and (h)(2) of this section set forth the Administrator's 
findings with respect to the 1-hour national ambient air quality 
standard (NAAQS) for ozone that certain new and existing sources of 
emissions of nitrogen oxides (``NOX'') in certain States emit 
or would emit NOX in violation of the prohibition in section 
110(a)(2)(D)(i) of the Clean Air Act (CAA) on emissions in amounts that 
contribute significantly to nonattainment in certain States that 
submitted petitions in 1997-1998 addressing such NOX 
emissions under section 126 of the CAA. Paragraphs (d), (e)(3) and 
(e)(4), (f), and (h)(3) and (h)(4) of this section set forth the 
Administrator's affirmative technical determinations with respect to the 
8-hour NAAQS for ozone that certain new and existing sources of 
emissions of NOX in certain States emit or would emit 
NOX in violation of the prohibition in section 
110(a)(2)(D)(i) of the CAA on emissions in amounts that contribute 
significantly to nonattainment in, or interfere with maintenance by, 
certain States that submitted petitions in 1997-1998 addressing such 
NOX emissions under section 126 of the CAA. (As used in this 
section, the term new source includes modified sources, as well.) 
Paragraph (i) of this section explains the circumstances under which the 
findings for sources in a specific State would be withdrawn. Paragraph 
(j) of this section sets forth the control requirements that apply to 
the sources of NOX emissions affected by the findings. 
Paragraph (k) of this section indefinitely stays the effectiveness of 
the affirmative technical determinations with respect to the 8-hour 
ozone standard.
    (1) The States that submitted such petitions are Connecticut, Maine, 
Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and 
Vermont (each of which, hereinafter in this section, may be referred to 
also as a ``petitioning State'').
    (2) The new and existing sources of NOX emissions covered 
by the petitions that emit or would emit NOX emissions in 
amounts that make such significant contributions are large electric 
generating units (EGUs) and large non-EGUs.
    (c) Section 126(b) findings relating to impacts on ozone levels in 
Connecticut--(1) Section 126(b) findings with respect to the 1-hour 
ozone standard in Connecticut.

[[Page 77]]

The Administrator finds that any existing or new major source or group 
of stationary sources emits or would emit NOX in violation of 
the Clean Air Act section 110(a)(2)(d)(i) prohibition with respect to 
the 1-hour ozone standard in the State of Connecticut if it is or will 
be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (c)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Connecticut.
    (2) States or portions of States that contain sources for which the 
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in Connecticut. The States, or portions of States, 
that contain sources of NOX emissions for which the 
Administrator is making section 126(b) findings under paragraph (c)(1) 
of this section are:
    (i) Delaware.
    (ii) District of Columbia.
    (iii) Portion of Indiana located in OTAG Subregions 2 and 6, as 
shown in appendix F, Figure F-2, of this part.
    (iv) Portion of Kentucky located in OTAG Subregion 6, as shown in 
appendix F, Figure F-2, of this part.
    (v) Maryland.
    (vi) Portion of Michigan located in OTAG Subregion 2, as shown in 
appendix F, Figure F-2, of this part.
    (vii) Portion of North Carolina located in OTAG Subregion 7, as 
shown in appendix F, Figure F-2, of this part.
    (viii) New Jersey.
    (ix) Portion of New York extending west and south of Connecticut, as 
shown in appendix F, Figure F-2, of this part.
    (x) Ohio.
    (xi) Pennsylvania.
    (xii) Virginia.
    (xiii) West Virginia.
    (d) Affirmative technical determinations relating to impacts on 
ozone levels in Maine--(1) Affirmative technical determinations with 
respect to the 8-hour ozone standard in Maine. The Administrator of EPA 
finds that any existing or new major source or group of stationary 
sources emits or would emit NOX in amounts that contribute 
significantly to nonattainment in the State of Maine, with respect to 
the 8-hour NAAQS for ozone if it is or will be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (d)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 of appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Maine.
    (2) States or portions of States that contain sources for which EPA 
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Maine. The States that contain sources for which 
EPA is making an affirmative technical determination are:
    (i) Connecticut.
    (ii) Delaware.
    (iii) District of Columbia.
    (iv) Maryland.
    (v) Massachusetts.
    (vi) New Jersey.
    (vii) New York.
    (viii) Pennsylvania.
    (ix) Rhode Island.
    (x) Virginia.
    (e) Section 126(b) findings and affirmative technical determinations 
relating to impacts on ozone levels in Massachusetts--(1) Section 126(b) 
findings with respect to the 1-hour ozone standard in Massachusetts. The 
Administrator finds that any existing major source or group of 
stationary sources emits NOX in violation of the Clean Air 
Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone 
standard in the State of Massachusetts if it is:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (e)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Massachusetts.
    (2) States that contain sources for which the Administrator is 
making section

[[Page 78]]

126(b) findings with respect to the 1-hour ozone standard in 
Massachusetts. The portions of States that contain sources of 
NOX emissions for which the Administrator is making section 
126(b) findings under paragraph (e)(1) of this section are:
    (i) All counties in West Virginia located within a 3-county-wide 
band of the Ohio River, as shown in appendix F, Figure F-4, of this 
part.
    (ii) [Reserved]
    (3) Affirmative technical determinations with respect to the 8-hour 
ozone standard in Massachusetts. The Administrator of EPA finds that any 
existing major source or group of stationary sources emits 
NOX in amounts that contribute significantly to nonattainment 
in, or interfere with maintenance by, the State of Massachusetts, with 
respect to the 8-hour NAAQS for ozone if it is:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (e)(4) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Massachusetts.
    (4) States or portions of States that contain sources for which EPA 
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Massachusetts. The portions of States that 
contain sources for which EPA is making an affirmative technical 
determination are:
    (i) All counties in Ohio located within a 3-county-wide band of the 
Ohio River, as shown in appendix F, Figure F-4, of this part.
    (ii) All counties in West Virginia located within a 3-county-wide 
band of the Ohio River, as shown in appendix F, Figure F-4, of this 
part.
    (f) Affirmative technical determinations relating to impacts on 
ozone levels in New Hampshire--(1) Affirmative technical determinations 
with respect to the 8-hour ozone standard in New Hampshire. The 
Administrator of EPA finds that any existing or new major source or 
group of stationary sources emits or would emit NOX in 
amounts that contribute significantly to nonattainment in, or interfere 
with maintenance by, the State of New Hampshire, with respect to the 8-
hour NAAQS for ozone if it is or will be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (f)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 of appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of New 
Hampshire.
    (2) States or portions of States that contain sources for which EPA 
is making an affirmative technical determination with respect to the 8-
hour ozone standard in New Hampshire. The States that contain sources 
for which EPA is making an affirmative technical determination are:
    (i) Connecticut.
    (ii) Delaware.
    (iii) District of Columbia.
    (iv) Maryland.
    (v) Massachusetts.
    (vi) New Jersey.
    (vii) New York.
    (viii) Pennsylvania.
    (ix) Rhode Island.
    (g) Section 126(b) findings relating to impacts on ozone levels in 
the State of New York--(1) Section 126(b) findings with respect to the 
1-hour ozone standard in the State of New York. The Administrator finds 
that any existing or new major source or group of stationary sources 
emits or would emit NOX in violation of the Clean Air Act 
section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone 
standard in the State of New York if it is or will be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (g)(2) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of New 
York.
    (2) States or portions of States that contain sources for which the 
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in New

[[Page 79]]

York. The States, or portions of States, that contain sources of 
NOX emissions for which the Administrator is making section 
126(b) findings under paragraph (g)(1) of this section are:
    (i) Delaware.
    (ii) District of Columbia.
    (iii) Portion of Indiana located in OTAG Subregions 2 and 6, as 
shown in appendix F, Figure F-6, of this part.
    (iv) Portion of Kentucky located in OTAG Subregion 6, as shown in 
appendix F, Figure F-6, of this part.
    (v) Maryland.
    (vi) Portion of Michigan located in OTAG Subregion 2, as shown in 
appendix F, Figure F-6, of this part.
    (vii) Portion of North Carolina located in OTAG Subregions 6 and 7, 
as shown in appendix F, Figure F-6, of this part.
    (viii) New Jersey.
    (ix) Ohio.
    (x) Pennsylvania.
    (xi) Virginia.
    (xii) West Virginia.
    (h) Section 126(b) findings and affirmative technical determinations 
relating to impacts on ozone levels in the State of Pennsylvania--(1) 
Section 126(b) findings with respect to the 1-hour ozone standard in the 
State of Pennsylvania. The Administrator finds that any existing or new 
major source or group of stationary sources emits or would emit 
NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) 
prohibition with respect to the 1-hour ozone standard in the State of 
Pennsylvania if it is or will be:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (h)(2) of this section; and (iii) Within one of the ``Named 
Source Categories'' listed in the portion of Table F-1 in appendix F of 
this part describing the sources of NOX emissions covered by 
the petition of the State of Pennsylvania.
    (2) States that contain sources for which the Administrator is 
making section 126(b) findings with respect to the 1-hour ozone standard 
in Pennsylvania. The States that contain sources of NOX 
emissions for which the Administrator is making section 126(b) findings 
under paragraph (h)(1) of this section are:
    (i) North Carolina.
    (ii) Ohio.
    (iii) Virginia.
    (iv) West Virginia.
    (3) Affirmative technical determinations with respect to the 8-hour 
ozone standard in Pennsylvania. The Administrator of EPA finds that any 
existing or new major source or group of stationary sources emits or 
would emit NOX in amounts that contribute significantly to 
nonattainment in, or interfere with maintenance by, the State of 
Pennsylvania, with respect to the 8-hour NAAQS for ozone:
    (i) In a category of large EGUs or large non-EGUs;
    (ii) Located in one of the States (or portions thereof) listed in 
paragraph (h)(4) of this section; and
    (iii) Within one of the ``Named Source Categories'' listed in the 
portion of Table F-1 in appendix F of this part describing the sources 
of NOX emissions covered by the petition of the State of 
Pennsylvania.
    (4) States or portions of States that contain sources for which EPA 
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Pennsylvania. The States that contain sources for 
which EPA is making an affirmative technical determination are:
    (i) Alabama.
    (ii) Illinois.
    (iii) Indiana.
    (iv) Kentucky.
    (v) Michigan.
    (vi) Missouri.
    (vii) North Carolina.
    (viii) Ohio.
    (ix) Tennessee.
    (x) Virginia.
    (xi) West Virginia.
    (i) Withdrawal of section 126 findings. Notwithstanding any other 
provision of this subpart, a finding under paragraphs (c), (e)(1) and 
(e)(2), (g), and (h)(1) and (h)(2) of this section as to a particular 
major source or group of stationary sources in a particular State will 
be deemed to be withdrawn, and the corresponding part of the relevant 
petition(s) denied, if the Administrator issues a final action putting 
in place implementation plan provisions that comply with the 
requirements of Secs. 51.121 and 51.122 of this chapter for such State.

[[Page 80]]

    (j) Section 126 control remedy. The Federal NOX Budget 
Trading Program in part 97 of this chapter applies to the owner or 
operator of any new or existing large EGU or large non-EGU as to which 
the Administrator makes a finding under section 126(b) of the Clean Air 
Act pursuant to the provisions of paragraphs (c), (e)(1) and (e)(2), 
(g), and (h)(1) and (h)(2) of this section.
    (k) Stay of findings with respect to the 8-hour ozone standard. 
Notwithstanding any other provisions of this subpart, the effectiveness 
of paragraphs (d), (e)(3) and (e)(4), (f), (h)(3) and (h)(4) of this 
section is stayed.
    (l) Temporary stay of rules. Notwithstanding any other provisions of 
this subpart, the effectiveness of this section is stayed from July 26, 
1999 until February 17, 2000.

[64 FR 28318, May 25, 1999, as amended at 64 FR 33961, June 24, 1999; 65 
FR 2042, Jan. 13, 2000; 65 FR 2726, Jan. 18, 2000]



                           Subpart B--Alabama



Sec. 52.50  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Alabama under section 110 of the Clean Air Act, 
42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality 
standards.
    (b) Incorporation by reference. (1) Material listed in paragraph (c) 
and (d) of this section with an EPA approval date prior to January 1, 
2003, 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 January 1, 2003, will be incorporated by reference 
in the next update to the SIP compilation.
    (2) EPA Region 4 certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated State 
rules/regulations which have been approved as part of the State 
implementation plan as of January 1, 2003.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta, 
GA 30303; the Office of the Federal Register, 800 North Capitol Street, 
NW., Suite 700, Washington, DC; or at the EPA, Office of Air and 
Radiation Docket and Information Center, Room B-108, 1301 Constitution 
Avenue, (Mail Code 6102T) NW., Washington, DC 20460.
    (c) EPA approved Alabama regulations.

                                                            EPA Approved Alabama Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
             State citation                     Title/subject            State effective date            EPA approval date             Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chapter No. 335-3-1  General Provision
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-1-.01....................  Purpose...................                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-1-.02....................  Definitions...............                      08/10/00                      12/08/00
                                                                                                                    65 FR 76940
Section 335-3-1-.03....................  Ambient Air Quality                             10/13/98                      03/01/99
                                          Standards.                                                                 64 FR 9918
Section 335-3-1-.04....................  Monitoring, Records, and                        10/15/96                      06/06/97
                                          Reporting.                                                                62 FR 30991
Section 335-3-1-.05....................  Sampling and Test Methods.                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-1-.06....................  Compliance Schedule.......                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-1-.07....................  Maintenance and                                 10/15/89                      03/19/90
                                          Malfunctioning of                                                         55 FR 10062
                                          Equipment; Reporting.

[[Page 81]]

 
Section 335-3-1-.08....................  Prohibition of Air                              08/10/00                      12/08/00
                                          Pollution.                                                                65 FR 76940
Section 335-3-1-.09....................  Variances.................                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-1-.10....................  Circumvention.............                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-1-.11....................  Severability..............                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-1-.12....................  Bubble Provision..........                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-1-.13....................  Credible Evidence.........                      04/13/99                      11/03/99
                                                                                                                    64 FR 59633
Section 335-3-1-.14....................  Emissions Reporting                             04/06/01                      07/16/01
                                          Requirements Relating to                                                  66 FR 36921
                                          Budgets for NOX Emissions.
Section 335-3-1-.15....................  Emissions Inventory                             04/03/03                      04/24/03
                                          Reporting Requirements.                                                   68 FR 20077
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Chapter No. 335-3-2  Air Pollution Emergency
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-2-.01....................  Air Pollution Emergency...                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-2-.02....................  Episode Criteria..........                      08/10/00                      12/08/00
                                                                                                                    65 FR 76940
Section 335-3-2-.03....................  Special Episode Criteria..                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-2-.04....................  Emission Reduction Plans..                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-2-.05....................  Two Contaminant Episode...                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-2-.06....................  General Episodes..........                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-2-.07....................  Local Episodes............                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-2-.08....................  Other Sources.............                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-2-.09....................  Other Authority Not                             06/22/89                      03/19/90
                                          Affected.                                                                 55 FR 10062
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Chapter No. 335-3-3  Control of Open Burning and Incineration
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-3-.01....................  Open Burning..............                      04/03/03                      04/24/03
                                                                                                                    68 FR 20077
Section 335-3-3-.02....................  Incinerators..............                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-3-.03....................  Incineration of Wood,                           08/10/00                      12/08/00
                                          Peanut, and Cotton                                                        65 FR 76940
                                          Ginning Waste.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 82]]

 
                                                  Chapter No. 335-3-4  Control of Particulate Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-4-.01....................  Visible Emissions.........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-4-.02....................  Fugitive Dust and Fugitive                      10/15/96                      06/06/97
                                          Emissions.                                                                62 FR 30991
Section 335-3-4-.03....................  Fuel Burning Equipment....                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-4-.04....................  Process Industries--                            10/15/96                      06/06/97
                                          General.                                                                  62 FR 30991
Section 335-3-4-.05....................  Small Foundry Cupola......                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-4-.06....................  Cotton Gins...............                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-4-.07....................  Kraft Pulp Mills..........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-4-.08....................  Wood Waste Boilers........                      08/10/00                      12/08/00
                                                                                                                    65 FR 76940
Section 335-3-4-.09....................  Coke Ovens................                      08/10/00                      12/08/00
                                                                                                                    65 FR 76940
Section 335-3-4-.10....................  Primary Aluminum Plants...                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-4-.11....................  Cement Plants.............                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-4-.12....................  Xylene Oxidation Process..                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-4-.13....................  Sintering Plants..........                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-4-.14....................  Grain Elevators...........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-4-.15....................  Secondary Lead Smelters...                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-4-.17....................  Steel Mills Located in                          10/15/96                      06/06/97
                                          Etowah County.                                                            62 FR 30991
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                Chapter No. 335-3-5  Control of Sulfur Compound Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-5-.01....................  Fuel Combustions..........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-5-.02....................  Sulfuric Acid Plants......                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-5-.03....................  Petroleum Production......                      08/10/00                      12/08/00
                                                                                                                    65 FR 76940
Section 335-3-5-.04....................  Kraft Pulp Mills..........                      08/10/00                      12/08/00
                                                                                                                    65 FR 76940
Section 335-3-5-.05....................  Process Industries--                            06/22/89                      03/19/90
                                          General.                                                                  55 FR 10062
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 83]]

 
                                                    Chapter No. 335-3-6  Control of Organic Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-6-.01....................  Applicability.............                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.02....................  VOC Water Separation......                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-6-.03....................  Loading and Storage of VOC                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-6-.04....................  Fixed-Roof Petroleum                            10/15/96                      06/06/97
                                          Liquid Storage Vessels.                                                   62 FR 30991
Section 335-3-6-.05....................  Bulk Gasoline Plants......                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.06....................  Bulk Gasoline Terminals...                      08/10/00                      12/08/00
                                                                                                                    65 FR 76940
Section 335-3-6-.07....................  Gasoline Dispensing                             10/15/96                      06/06/97
                                          Facilities--Stage I.                                                      62 FR 30991
Section 335-3-6-.08....................  Petroleum Refinery Sources                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-6-.09....................  Pumps and Compressors.....                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-6-.10....................  Ethylene Producing Plants.                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-6-.11....................  Surface Coating...........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.12....................  Solvent Metal Cleaning....                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.13....................  Cutback Asphalt...........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.14....................  Petition for Alternative                        06/22/89                      03/19/90
                                          Controls.                                                                 55 FR 10062
Section 335-3-6-.15....................  Compliance Schedules......                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.16....................  Test Methods and                                08/10/00                      12/08/00
                                          Procedures.                                                               65 FR 76940
Section 335-3-6-.17....................  Manufacture of Pneumatic                        10/15/95                      06/06/97
                                          Tires.                                                                    62 FR 30991
Section 335-3-6-.18....................  Manufacture of Synthesized                      10/15/96                      06/06/97
                                          Pharmaceutical Products.                                                  62 FR 30991
Section 335-3-6-.19....................  Reserved                    ............................  ............................
Section 335-3-6-.20....................  Leaks from Gasoline Tank                        10/15/96                      06/06/97
                                          Trucks and Vapor                                                          62 FR 30991
                                          Collection Systems.
Section 335-3-6-.21....................  Leaks from Petroleum                            10/15/96                      06/06/97
                                          Refinery Equipment.                                                       62 FR 30991
Section 335-3-6-.22....................  Graphic Arts..............                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.23....................  Petroleum Liquid Storage                        10/15/96                      06/06/97
                                          in External Floating Roof                                                 62 FR 30991
                                          Tanks.

[[Page 84]]

 
Section 335-3-6-.24....................  Applicability.............                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.25....................  VOC Water Separation......                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-6-.26....................  Loading and Storage of VOC                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-6-.27....................  Fixed-Roof Petroleum                            10/15/96                      06/06/97
                                          Liquid Storage Vessels.                                                   62 FR 30991
Section 335-3-6-.28....................  Bulk Gasoline Plants......                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.29....................  Gasoline Terminals........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.30....................  Gasoline Dispensing                             10/15/96                      06/06/97
                                          Facilities Stage I.                                                       62 FR 30991
Section 335-3-6-.31....................  Petroleum Refinery Sources                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-6-.32....................  Surface Coating...........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.33....................  Solvent Metal Cleaning....                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-6-.34....................  Cutback Asphalt...........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.35....................  Petition for Alternative                        06/22/89                      03/19/90
                                          Controls.                                                                 55 FR 10062
Section 335-3-6-.36....................  Compliance Schedules......                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-6-.37....................  Test Methods and                                10/15/96                      06/06/97  .......................
                                          Procedures.                                                               62 FR 30991
Section 335-3-6-.38....................  Manufacture of Pneumatic                        06/22/89                      03/19/90  .......................
                                          Tires.                                                                    55 FR 10062
Section 335-3-6-.39....................  Manufacture of Synthesized                      10/15/96                      06/06/97  .......................
                                          Pharmaceutical Products.                                                  62 FR 30991
Section 335-3-6-.40....................  Reserved                    ............................  ............................  .......................
Section 335-3-6-.41....................  Leaks from Gasoline Tank                        10/15/96                      06/06/97  .......................
                                          Trucks and Vapor                                                          62 FR 30991
                                          Collection Systems.
Section 335-3-6-.42....................  Leaks from Petroleum                            10/15/96                      06/06/97  .......................
                                          Refinery Equipment.                                                       62 FR 30991
Section 335-3-6-.43....................  Graphic Arts..............                      06/22/89                      03/19/90  .......................
                                                                                                                    55 FR 10062
Section 335-3-6-.44....................  Petroleum Liquid Storage                        10/15/96                      06/06/97  .......................
                                          in External Floating Roof                                                 62 FR 30991
                                          Tanks.
Section 335-3-6-.45....................  Large Petroleum Dry                             10/15/96                      06/06/97  .......................
                                          Cleaners.                                                                 62 FR 30991
Section 335-3-6-.46....................  Aerospace Assembly and                          06/22/89                      03/19/09  .......................
                                          Component and Component                                                   55 FR 10062
                                          Coatings Operation.

[[Page 85]]

 
Section 335-3-6-.47....................  Leaks from Coke by-Product                      10/15/96                      06/06/97  .......................
                                          Recovery Plant Equipment.                                                 62 FR 30991
Section 335-3-6-.48....................  Emissions from Coke by-                         10/15/96                      06/06/97  .......................
                                          Product Recovery Plant                                                    62 FR 30991
                                          Coke Oven Gas Bleeder.
Section 335-3-6-.49....................  Manufacture of Laminated                        06/22/89                      03/19/90  .......................
                                          Countertops.                                                              55 FR 10062
Section 335-3-6-.50....................  Paint Manufacture.........                      10/15/96                      06/06/97  .......................
                                                                                                                    62 FR 30991
Section 335-3-6-.53....................  List of EPA Approved and                        06/26/91                      09/27/91
                                          Equivalent Test Methods                                                   58 FR 50262
                                          and Procedures for the
                                          Purpose of Determining
                                          VOC Emissions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Chapter No. 335-3-7  Carbon Monoxide Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-7-.01....................  Metals Productions........                      06/22/89                      03/19/90  .......................
                                                                                                                    55 FR 10062
Section 335-3-7-.02....................  Petroleum Processes.......                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Chapter No. 335-3-8  Nitrogen Oxides Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-8-.01....................  Standards for Portland                          04/06/01                      07/17/01  .......................
                                          Cement Kilns.                                                             66 FR 36921
Section 335-3-8-.02....................  Nitric Acid Manufacturing.                      10/15/96                      06/06/97  .......................
                                                                                                                    62 FR 30991
Section 335-3-8-.03....................  NOX Emissions from                              10/24/00                      11/07/01  .......................
                                          Electric Utility                                                          66 FR 56223
                                          Generating Units.
Section 335-3-8-.04....................  Standards for Stationary                        04/06/01                      07/17/01  .......................
                                          Reciprocating Internal                                                    66 FR 36921
                                          Combustion Engines
                                          (Reserved).
Section 335-3-8-.05....................  NOX Budget Trading Program                      04/06/01                      07/17/01  .......................
                                                                                                                    66 FR 36921
Section 335-3-8-.06....................  Authorized Account                              04/06/01                      07/17/01  .......................
                                          Representative for NOX                                                    66 FR 36921
                                          Budget Sources.
Section 335-3-8-.07....................  Permits...................                      04/06/01                      07/17/01  .......................
                                                                                                                    66 FR 36921
Section 335-3-8-.08....................  Compliance Certification..                      04/06/01                      07/17/01  .......................
                                                                                                                    66 FR 36921
Section 335-3-8-.09....................  NOX Allowance Allocations.                      04/06/01                      07/17/01
                                                                                                                    66 FR 36921
Section 335-3-8-.10....................  NOX Allowance Tracking                          04/03/03                      04/24/03
                                          System.                                                                   68 FR 20077
Section 335-3-8-.11....................  NOX Allowance Transfers...                      04/06/01                      07/17/01  .......................
                                                                                                                    66 FR 36921
Section 335-3-8-.12....................  Monitoring and Reporting..                      04/06/01                      07/17/01  .......................
                                                                                                                    66 FR 36921
Section 335-3-8-.13....................  Individual Unit Opt-ins...                      05/07/02                      07/17/01  .......................
                                                                                                                    66 FR 36921

[[Page 86]]

 
Section 335-3-8-.14....................  New Combustion Sources....                      04/06/01                      07/17/01
                                                                                                                    66 FR 36921
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Chapter No. 335-3-9  Control Emissions From Motor Vehicles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-9-.01....................  Visible Emission                                10/15/96                      06/06/97  .......................
                                          Restriction for Motor                                                     62 FR 30991
                                          Vehicles.
Section 335-3-9-.02....................  Ignition System and Engine                      08/10/00                      12/08/00  .......................
                                          Speed.                                                                    65 FR 76940
Section 335-3-9-.03....................  Crankcase Ventilation                           08/10/00                      12/08/00  .......................
                                          Systems.                                                                  65 FR 76940
Section 335-3-9-.04....................  Exhaust Emission Control                        06/22/89                      03/19/90  .......................
                                          Systems.                                                                  55 FR 10062
Section 335-3-9-.05....................  Evaporative Loss Control                        06/22/89                      03/19/90  .......................
                                          Systems.                                                                  55 FR 10062
Section 335-3-9-.06....................  Other Prohibited Acts.....                      08/10/00                      12/08/00  .......................
                                                                                                                    65 FR 76940
Section 335-3-9-.07....................  Effective Date............                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      Chapter No. 335-3-12  Continuous Monitoring Requirements for Existing Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-12-.01...................  General...................                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
Section 335-3-12-.02...................  Emission Monitoring and                         02/17/98                      09/14/98
                                          Reporting Requirements.                                                   63 FR 49005
Section 335-3-12-.03...................  Monitoring System                               06/22/89                      03/19/90
                                          Malfunction.                                                              55 FR 10062
Section 335-3-12-.04...................  Alternate Monitoring and                        06/22/89                      03/19/90
                                          Reporting Requirements.                                                   55 FR 10062
Section 335-3-12-.05...................  Exemptions and Extensions.                      06/22/89                      03/19/90
                                                                                                                    55 FR 10062
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Chapter No. 335-3-13  Control of Fluoride Emissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-13-.01...................  General...................                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-13-.02...................  Superphosphoric Acid                            10/15/96                      06/06/97
                                          Plants.                                                                   62 FR 30991
Section 335-3-13-.03...................  Diammonium Phosphate                            10/15/96                      06/06/97
                                          Plants.                                                                   62 FR 30991
Section 335-3-13-.04...................  Triple Superphosphoric                          10/15/96                      06/06/97
                                          Plants.                                                                   62 FR 30991
Section 335-3-13-.05...................  Granular Triple                                 10/15/96                      06/06/97
                                          Superphosphoric Storage                                                   62 FR 30991
                                          Facilities.
Section 335-3-13-.06...................  Wet Process Phosphoric                          10/15/96                      06/06/97
                                          Acid Plants.                                                              62 FR 30991
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 87]]

 
                                                            Chapter No. 335-3-14  Air Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-14-.01...................  General Provisions........                      02/17/98                      09/14/98
                                                                                                                    63 FR 49008
Section 335-3-14-.02...................  Permit Procedures.........                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-14-.03...................  Standards for Granting                          08/10/96                      12/02/00
                                          Permits.                                                                  65 FR 76940
Section 335-3-14-.04...................  Air Permits Authorizing                         02/05/02                      04/20/02
                                          Construction in Clean Air                                                 67 FR 17288
                                          Areas (prevention of
                                          Significant Deterioration
                                          (PSD)).
Section 335-3-14-.05...................  Air Permits Authorizing                         08/10/00                      12/02/00
                                          Construction in or Near                                                   65 FR 76940
                                          Nonattainment Areas.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Chapter No. 335-3-15  Synthetic Minor Operating Permits
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-15-.01...................  Definitions...............                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
Section 335-3-15-.02...................  General Provisions........                      08/10/00                      12/02/00
                                                                                                                    65 FR 76940
Section 335-3-15-.03...................  Applicability.............                      11/23/93                      10/20/94
                                                                                                                    59 FR 52916
Section 335-3-15-.04...................  Synthetic Minor Operating                       10/15/96                      06/06/97
                                          Permit Requirements.                                                      62 FR 30991
Section 335-3-15-.05...................  Public Participation......                      10/15/96                      06/06/97
                                                                                                                    62 FR 30991
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                    Chapter No. 335-3-17  Conformity of Federal Actions to State Implementation Plans
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-17-.01...................  Transportation Conformity.                      04/03/03                      04/24/03
                                                                                                                    68 FR 20077
Section 335-3-17-.02...................  General Conformity........                      03/27/98                      05/11/00
                                                                                                                    65 FR 30361
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Chapter No. 335-3-20  Control of Fuels
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 335-3-20-.01...................  Definitions...............                      10/24/00                      11/07/01
                                                                                                                    66 FR 56219
Section 335-3-20-.02...................  Control of Fuels..........                      10/24/00                      11/07/01
                                                                                                                    66 FR 56219
Section 335-3-20-.03...................  Recordkeeping, Reporting,                       10/24/00                      11/07/01
                                          and Testing.                                                              66 FR 56219
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (d) EPA approved Alabama source specific requirements.

                                EPA Approved Alabama Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                              State         EPA
               Name of source                  Permit No.   effective     approval           Explanation
                                                               date         date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------


[[Page 88]]

    (e) EPA approved Alabama non-regulatory provisions.

                                 EPA Approved Alabama Non-regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP        geographic or     State submittal date/   EPA approval date    Explanation
           provision             nonattainment area      effective date
----------------------------------------------------------------------------------------------------------------
Birmingham 1990 Baseline         Birmingham Ozone    11/13/92..............  06/04/99..........  ...............
 Emissions Inventory.             Nonattainment                              64 FR 29961.......
                                  Area.
Alabama Interagency              ..................  01/20/00..............  05/11/00..........
 Transportation Conformity                                                   65 FR 30362.......
 Memorandum of Agreement.
Alabama Fuel Waiver Request-     Birmingham Ozone    12/01/00..............  11/07/01..........
 Appendix II of Attainment        Nonattainment                              66 FR 56220.......
 Demonstration of the 1-hour      Area.
 NAAQS for Ozone for the
 Birmingham Nonattainment Area.
Attainment Demonstration of the  Birmingham Ozone    12/01/00..............  11/07/01..........
 1-hour NAAQS for Ozone for the   Nonattainment                              66 FR 56224.......
 Birmingham Nonattainment Area.   Area.
----------------------------------------------------------------------------------------------------------------


[63 FR 70672, Dec. 22, 1998, as amended at 64 FR 9918, Mar. 1, 1999; 64 
FR 29961, June 4, 1999; 64 FR 59635, Nov. 3, 1999; 65 FR 30361, 30362, 
May 11, 2000; 65 FR 76939, Dec. 8, 2000; 66 FR 36920, July 16, 2001; 66 
FR 56219, 56224, Nov. 7, 2001; 67 FR 4669, Jan. 31, 2002; 67 FR 17288, 
Apr. 10, 2002; 67 FR 76317, Dec. 12, 2002; 68 FR 5222, Feb. 3, 2003; 68 
FR 7174, Feb. 12, 2003; 68 FR 20077, Apr. 24, 2003]



Sec. 52.51  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Alabama & Tombigbee Rivers Intrastate................          II        III       III       III           III
Columbus (Georgia)-Phenix City (Alabama) Interstate..           I        III       III       III           III
East Alabama Intrastate..............................           I        III       III       III           III
Metropolitan Birmingham Intrastate...................           I         II       III         I             I
Mobile (Alabama)-Pensacola-Panama City (Florida)-               I          I       III       III             I
 Southern Mississippi Interstate.....................
Southeast Alabama Intrastate.........................          II        III       III       III           III
Tennessee River Valley (Alabama)-Cumberland Mountains           I          I       III       III           III
 (Tennessee) Interstate..............................
----------------------------------------------------------------------------------------------------------------


[37 FR 10847, May 31, 1972]



Sec. 52.53  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Alabama's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plans satisfy all requirements of Part D, 
Title I, of the Clean Air Act as amended in 1977. 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.

[45 FR 37431, June 3, 1980]



Sec. 52.56  Review of new sources and modifications.

    Part D conditional approval. The plan's provisions for review of new

[[Page 89]]

sources and modifications in nonattainment areas are approved on 
condition that the State submit any necessary corrections by March 9, 
1984 and, during the interim, implement these regulations in a manner 
consistent with EPA requirements.

[48 FR 9860, Mar. 9, 1983]



Sec. 52.57  Control strategy: Sulfur oxides.

    (a) The requirements of Subpart G of this chapter are not met since 
the Alabama plan does not provide for attainment and maintenance of the 
national standards for sulfur oxides in the vicinity of the Widows Creek 
Power Plant in Jackson County, Alabama. Therefore, Part 5.1, Fuel 
Combustion, of Chapter 5, Control of Sulfur Compound Emissions, of the 
rules and regulations of the State of Alabama, as adopted by the Alabama 
Air Pollution Control Commission on May 29, 1973, and amended on March 
25, 1975, which is part of the revised sulfur oxide control strategy, is 
disapproved as it applies to the Widows Creek Plant. Part 5.1 of the 
Alabama rules and regulations as adopted on January 18, 1972, remains 
the implementation plan regulation applicable to that source.
    (b) [Reserved]

[41 FR 42674, Sept. 28, 1976, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.58  Control strategy: Lead.

    The lead plan submitted by the State on March 24, 1982, is 
disapproved because it fails to provide for the attainment of the lead 
standard throughout Alabama. The lead plan submitted by the State on 
October 7, 1985, and November 13, 1986, for Jefferson County is 
conditionally approved on the condition that the State by October 1, 
1987, determine what additional control measures may be necessary, if 
any, to assure attainment and maintenance as expeditiously as 
practicable but no later than the applicable attainment deadline and 
submit those measures to EPA for approval, together with an appropriate 
demonstration of attainment. The provisions in the regulation submitted 
on October 7, 1985, that give the Jefferson County Health Officer 
discretion to vary the requirements of the regulation are approved as 
limits on that discretion, but any variances that may result from those 
provisions are not approved in advance and hence change the applicable 
implementation plan only when approved by EPA on a case-by-case basis.

[49 FR 18738, May 2, 1984, as amended at 52 FR 4291, Feb. 11, 1987]



Sec. 52.60  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to Sec. 
52.21 from sources located in the State of Alabama shall be submitted to 
the Division of Air Pollution Control, Alabama Air Pollution Control 
Commission, 645 South McDonough Street, Montgomery, Alabama 36103, 
rather than to EPA's Region IV Office.
    (b) On March 24, 1987, the Alabama Department of Environmental 
Management submitted a letter committing the State of Alabama to require 
that modeling for PSD permits be done only in accordance with the 
``Guideline on Air Quality Models (Revised)'' or other models approved 
by EPA.

[42 FR 22869, May 5, 1977, as amended at 46 FR 55518, Nov. 10, 1981; 52 
FR 48812, Dec. 28, 1987]



Sec. 52.61  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) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated into the applicable plan for the State of Alabama.

[52 FR 45138, Nov. 24, 1987]



Sec. 52.62  Control strategy: Sulfur oxides and particulate matter.

    In a letter dated May 29, 1987, the Alabama Department of Health and 
Environmental Control certified that no emission limits in the State's 
plan are based on dispersion techniques not permitted by EPA's stack 
height rules. The certification does not apply to: Alabama Electric 
Cooperative--Lowman Steam Plant; Alabama Power Company-Gorgas Steam 
Plant, Gaston Steam Plant, Greene County Steam

[[Page 90]]

Plant, Gadsden Steam Plant, Miller Steam Plant, and Barry Steam Plant; 
Alabama River Pulp; Champion International Corporation; Container 
Corporation of America; Exxon Company's Big Escambia Creek Treating 
Facility; General Electric's Burkville Plant; International Paper; Scott 
Paper Company; Tennessee Valley Authority's Colbert, and Widows Creek 
Steam Plant; Union Camp Corporation; and U.S. Steel.

[55 FR 5846, Feb. 20, 1990]



Sec. 52.63  PM10 State Implementation Plan development in 
group II areas.

    On March 15, 1989, the State submitted a committal SIP for the 
cities of Leeds and North Birmingham in Jefferson 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. 
The SIP commits the State to submit an emissions inventory, continue to 
monitor for PM10, report data and to submit a full SIP if a 
violation of the PM10 and National Ambient Air Quality 
Standards is detected.

[56 FR 32514, July 17, 1991]



Sec. 52.64  [Reserved]



Sec. 52.65  Control Strategy: Nitrogen oxides.

    On October 22, 1990, the Alabama Department of Environmental 
Management submitted a revision to Chapter 2, Control Strategy, by 
adding subsection 4.2.3. This revision addressed the strategy Alabama is 
using to implement provisions of the Prevention of Significant 
Deterioration regulations for nitrogen oxides.

[57 FR 24370, June 9, 1992]



Sec. 52.66  Control Strategy: Ozone.

    (a) The redesignation request submitted by the State of Alabama, on 
March 16, 1995 for the Birmingham marginal ozone nonattainment area from 
nonattainment to attainment was disapproved on September 19, 1997.
    (b) The State of Alabama is required to submit an attainment 
demonstration SIP for the Birmingham 1-hour ozone nonattainment area by 
April 27, 2001. For purposes of the SIP revision required by this 
section, EPA may make a finding as applicable under section 179(a)(1)-
(4) of the CAA, 42 U.S.C. 7509(a)(1)-(4), starting the sanctions process 
set forth in section 179(a) of the CAA. Any such finding will be deemed 
a finding under Sec. 52.31(c) and sanctions will be imposed in accordance 
with the order of sanctions and the terms for such sanctions established 
in Sec. 52.31.

[62 FR 49158, Sept. 19, 1997, as amended at 65 FR 64357, Oct. 27, 2000; 
65 FR 67796, Nov. 13, 2000]



Sec. 52.69  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Alabama'' and all revisions submitted by Alabama that 
were federally approved prior to December 1, 1998.
    (b) The plan was officially submitted on January 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Letter informing Governor of Florida of submittal of Alabama 
Implementation Plan submitted on March 21, 1972, by the Alabama Air 
Pollution Control Commission.
    (2) Compliance schedules submitted on April 18, 1972, by the Alabama 
Air Pollution Control Commission.
    (3) Clarifying comments on the plan submitted on April 28, 1972, by 
the Alabama Air Pollution Control Commission.
    (4) Semi-annual report, miscellaneous non-regulatory additions to 
the plan, compliance schedules and miscellaneous regulatory additions to 
Chapters 3, 4, 5 and 9 submitted on February 15, 1973, by the Alabama 
Air Pollution Control Commission.
    (5) Transportation control plans submitted on April 24, 1973, by the 
Alabama Air Pollution Control Commission.
    (6) Miscellaneous non-regulatory additions to the plan submitted on 
June 29, 1973, by the Alabama Air Pollution Control Commission.
    (7) Miscellaneous non-regulatory additions and complex source 
regulation, Chapter 10, submitted on September 26, 1973, by the Alabama 
Air Pollution Control Commission.
    (8) Plan revisions to Chapter 5 concerning sulfur compound emissions

[[Page 91]]

submitted on October 31, 1973, by the Alabama Air Pollution Control 
Commission.
    (9) Revision to Part 4.10, Primary Aluminum Plants, and redefinition 
of ``Solid Particulate Matter'' in section 1.2.1 submitted on May 27, 
1974, by the Alabama Air Pollution Control Commission.
    (10) AQMA identifications submitted on June 17, 1974, by the Alabama 
Air Pollution Control Commission.
    (11) Coke oven regulations, Part 4.9 excluding section 4.9.4, 
submitted on June 20, 1974, by the Alabama Air Pollution Control 
Commission.
    (12) Revised limits on particulate emissions from Portland cement 
plants, submitted on June 4, 1975, by the Alabama Air Pollution Control 
Commission.
    (13) Revised limits on sulfur dioxide and sulfuric acid mist 
emissions from sulfuric acid plants, submitted on July 25, 1975, by the 
Alabama Air Pollution Control Commission.
    (14) Revised area classification system for fuel combustion sources 
of sulfur dioxide and initial classification of Counties, submitted on 
May 1 and October 9, 1975, respectively, by the Alabama Air Pollution 
Control Commission.
    (15) Revised emergency level for photochemical oxidants (emergency 
episode control plan) submitted by the Alabama Air Pollution Control 
Commission on April 23, 1976.
    (16) Revised SO2 emissions from gas processing plants 
submitted by the Alabama Air Pollution Control Commission on July 21, 
1976.
    (17) Regulations equivalent to EPA's New Source Performance 
Standards (40 CFR part 60) and continuous monitoring requirements for 
existing stationary sources (40 CFR 51.19), submitted by the Alabama Air 
Pollution Control Commission on October 28, 1976.
    (18) Revised regulations for the charging and pushing of coke in 
existing conventional batteries, submitted by the Alabama Air Pollution 
Control Commission on July 14, 1978.
    (19) Part 4.12, dealing with particulate emissions from xylene 
oxidation, submitted by the Alabama Air Pollution Control Commission on 
September 13, 1978.
    (20) 1979 implementation plan revisions for nonattainment areas (TSP 
and ozone), submitted on April 19, 1979, (as clarified by a letter of 
August 10, 1979), by the Alabama Air Pollution Control Commission.
    (21) Revisions in permit regulations as follows: (i) Title of 
16.3.2. is changed to ``Permits to Construct in or near Nonattainment 
Areas;'' (ii) a subparagraph (9), ``Significant Impact,'' is added to 
paragraph 16.3.2.(b); (iii) paragraph 16.3.2.(c) is revised; and (iv) 
subparagraph 16.3.2.(d)(5) is deleted; these revisions were adopted on 
February 13, 1980, and submitted on February 20, 1980, by the Alabama 
Air Pollution Control Commission to correct deficiencies in the Part D 
revisions given conditional approval by EPA on November 26, 1979.
    (22) 1979 implementation plan revisions for sulfur dioxide 
nonattainment areas in Colbert, Lauderdale, and Jackson Counties, 
adopted on August 28, 1979, and submitted on September 6, 1979 by the 
Alabama Air Pollution Control Commission.
    (23) Request for an 18-month extension of the statutory deadline for 
submitting a plan to attain and maintain the secondary standard for 
sulfur dioxide in the Jackson County nonattainment area, submitted on 
September 6, 1979, by the Alabama Air Pollution Control Commission.
    (24) Revision to the State Implementation Plan to delete the 
indirect source regulations submitted by the Alabama Air Pollution 
Control Commission on December 12, 1978.
    (25) Revised emergency episode control plan, updating procedures and 
raising the alert level for ozone from 0.10 ppm to 0.15 ppm, submitted 
by the Alabama Air Pollution Control Commission on January 11, 1980.
    (26) Revision to the State Implementation Plan for an air quality 
surveillance network was submitted by the Alabama Air Pollution Control 
Commission on January 9, 1980.
    (27) Alternative compliance schedules for nine sources of volatile 
organic compounds, submitted by the Alabama Air Pollution Control 
Commission on July 3, 1980.

[[Page 92]]

    (28) Revisions to Chapter 6 of the Alabama Rules and Regulations 
were submitted by the Alabama Air Pollution Control Commission on April 
1, 1981.
    (29) Alternative TSP control strategy for 3M Company's Guin plant, 
submitted on February 4, 1981, by the Alabama Air Pollution Control 
Commission.
    (30) Revisions in Chapters 12 and 13, adopting Federal NSPS and 
NESHAPS regulations by reference, submitted by the Alabama Air Pollution 
Control Commission on June 26, 1981.
    (31) Alternative compliance schedules for VOC sources, submitted on 
June 25, 1981, by the Alabama Air Pollution Control Commission.
    (32) Regulations providing for prevention of significant 
deterioration (additions to Chapter 16 of the Alabama regulations), 
submitted on January 29, 1981, by the Alabama Air Pollution Control 
Commission.
    (33) Alternative particulate control requirements for Kimberly-Clark 
Corporation's #3 bark boiler, Coosa Pines (revisions in Part 4.8 of the 
Alabama regulations), submitted by the Alabama Air Pollution Control 
Commission on February 4 and August 31, 1981.
    (34) Request for 18-month extension of the deadline for submitting a 
plan to attain and maintain the secondary ambient standard for 
particulate matter in the Etowah County nonattainment area, submitted on 
May 19, 1981, by the Alabama Air Pollution Control Commission.
    (35) Revision for Jackson County secondary sulfur dioxide 
nonattainment area, submitted on June 9, 1980, by the Alabama Air 
Pollution Control Commission.
    (36) Set II VOC regulations, submitted on February 12, 1982, by the 
Alabama Air Pollution Control Commission and on May 5, 1983, by the 
Alabama Department of Environmental Management.
    (37) Provisions for new source review in nonattainment areas 
(changes in Chapter 16 of the regulations), submitted on March 31, 1981, 
by the Alabama Air Pollution Control Commission.
    (38) Bubble for Union Camp Corporation's Prattville, Alabama kraft 
pulp mill, submitted on January 21, 1983, January 20, 1984, and March 9, 
1984, by the Alabama Department of Environmental Management (ADEM).
    (i) Incorporation by reference.
    (A) Alabama Department of Environmental Management Resolution and 
Regulation 4.8.4, dealing with control of particulate emissions from 
wood waste boilers, was adopted on December 9, 1983.
    (B) Alabama Environmental Management Commission Resolution and 
Regulation 4.7.5, dealing with particulate emissions from kraft pulp 
mills, was adopted on March 7, 1984.
    (ii) Other material.
    (A) None.
    (39) Changes to air permit requirements, submitted on February 19, 
1985, and on March 28, 1985, by the Alabama Department of Environmental 
Management (ADEM).
    (i) Incorporation by reference.
    (A) Amendment to ADEM Air Rules & Regulations Chapter 16.1, 
submitted on March 28, 1985, and State-adopted on March 13, 1985. Allows 
delegation of permitting authority to locals.
    (B) Amendment to ADEM Air Rules & Regulations Chapter 16.1, 16.2, 
16.3, and 16.4, submitted on February 19, 1985, and State-adopted on 
February 13, 1985. Consolidates Permit to Construct, Operate and 
Temporary Permit, into one Air Permit.
    (ii) Additional information.
    (A) None.
    (40) Visibility new source review regulations as visibility 
monitoring strategy were submitted to EPA on November 20, 1985.
    (i) Incorporated by reference.
    (A) Letter of November 20, 1985, from the Alabama Department of 
Environmental Management, and the following regulation Changes to 
Paragraphs 16.3.2 and 16.4 to Address Visibility Requirements adopted by 
the Alabama Environmental Management Commission on November 13, 1985:

16.3.2(b)--(Permits to Construct in or Near Nonattainment Areas--
Definitions)
16.3.2(f)--(Permits to Construct in or Near Nonattainment Areas--
visibility protection provisions)
16.4.2--(Permits to Construct in Clean Air Areas--Definitions)
16.4.12--(Visibility Monitoring)
16.4.15--(Sources Impacting Federal Class I Areas--Additional 
Requirements)


[[Page 93]]


    (ii) Additional material.
    (A) Narrative Visibility SIP which includes the State's visibility 
monitoring strategy.
    (41) State implementation plan revisions, submitted by the 
Department of Environmental Management on May 17, 1985.
    (i) Incorporation by reference.
    (A) Amendments to Alabama Department of Environmental Management's 
(ADEM) Air Rules and Regulations: addition of Paragraphs 4.3.5, 4.7.6, 
4.7.7, 4.8.3(a), 4.8.3(b), 4.8.3(c), revision of Paragraph 4.8.3, 
adopted on October 10, 1984.
    (B) Resolution by the Alabama Environmental Management Commission 
adopting the proposed regulations into the ADEM's Air Rules and 
Regulations on October 10, 1984.
    (ii) Other material.
    (A) Dispersion modelling of area around Kimberly Clark Corporation's 
Talledega County facility.
    (42) State implementation plan for attainment and maintenance of the 
lead standards in all areas except Jefferson County, submitted on March 
28, 1985, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference.
    (A) Regulation for existing secondary lead smelters located in Pike 
County, Alabama (Regulation 4.15.6), which was adopted by the Alabama 
Department of Environmental Management on March 13, 1985. Under 
applicable law, EPA approval is required for discretionary actions of 
the Director of the Alabama Department of Environmental Management that 
may increase lead concentrations in the ambient air.
    (B) Letter of May 6, 1985 from Ababama Department of Environmental 
Management to EPA, and Regulation pertaining to secondary lead smelter 
exhaust stack gases (Regulation 4.15.3), which was adopted by the 
Alabama Air Pollution Control Commission on March 23, 1982.
    (ii) Other material.
    (A) Narrative SIP, titled, ``State of Alabama'a Plan for the 
Attainment of the National Ambient Air Quality Standard for Lead,'' 
dated December 1984.
    (43) [Reserved]
    (44) Volatile Organic Compound regulation changes were submitted to 
EPA on September 23, 1985.
    (i) Incorporation by reference.
    (A) Letter of September 23, 1985 to EPA from Alabama Department of 
Environmental Management and changes to Chapter 6 of the Alabama Air 
Pollution Control Rules and Regulations (Control of Volatile Organic 
Compounds) which were adopted by the Alabama Environmental Management 
Commission on September 18, 1985, specifically, the revisions to 
6.1.1(a), 6.1.2, and 6.1.3 and the addition of 6.1.4 and 6.1.5.
    (ii) Other material--none.
    (45) State implementation plan for attainment and maintenance of 
lead standards in Jefferson County, submitted on October 7, 1985, by the 
Alabama Department of Environmental Management, and on November 13, 
1986, by the Jefferson County Health Department.
    (i) Incorporation by reference.
    (A) Jefferson County Department of Health Regulation 611, Secondary 
Lead Smelters (excluding paragraphs 6.11.2(a) and 6.11.2(b)) which was 
adopted on September 11, 1985.
    (B) November 13, 1986, letter to EPA from the Jefferson County 
Department of Health, and Appendix C of the Alabama Lead SIP for 
Jefferson County (Revised Schedule for the RACT-plus study) which was 
adopted on November 12, 1986.
    (ii) Other material.
    (A) Narrative SIP, entitled ``State Implementation Plan for the 
Attainment of the National Ambient Air Quality Standard for Lead in 
Jefferson County'' dated September 1984.
    (46) Stack height regulations were submitted to EPA on September 26, 
1986, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference.
    (A) Letter of September 26, 1986, from the Alabama Department of 
Environmental Management, transmitting stack height regulations.
    (B) Section 16.3.3, Stack Heights, of the Alabama air pollution 
control rules and regulations, which was adopted on September 18, 1986, 
by the Alabama Environmental Management Commission.
    (ii) Other material--none.

[[Page 94]]

    (47) Revisions to Alabama's New Source Review regulations were 
submitted to EPA on April 17, 1987.
    (i) Incorporation by reference.
    (A) Letter of April 17, 1987, from the Alabama Department of 
Environmental Management.
    (B) Revisions to Alabama regulation 16.3.2, adopted by the Alabama 
Department of Environmental Management (ADEM) on April 15, 1987.
    (ii) Other material--none.
    (48) Revised State Implementation Plan for attainment and 
maintenance of lead standards in Jefferson County, submitted on August 
5, 1988, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference.
    (A) Air permits incorporating revised regulations for existing 
secondary lead smelters located in Jefferson County, Alabama (Regulation 
6.11), adopted by the Jefferson County Board of Health on May 11, 1988.
    (B) [Reserved]
    (ii) Other material. (A) Narrative SIP, entitled ``State 
Implementation Plan for the Attainment of the National Ambient Air 
Quality Standard for Lead in Jefferson County,'' dated February 19, 
1988.
    (B) [Reserved]
    (49) SO2 revisions for Secondary Lead Smelters, submitted 
by the Alabama Department of Environmental Management on June 30, 1989.
    (i) Incorporation by reference.
    (A) The following revisions to Chapter 6 of Jefferson County Board 
of Health Air Pollution Control Rules and Regulations, which became 
effective June 14, 1989.
    (1) 6.11.2(o)
    (B) The following revisions to chapter 7 of Jefferson County Board 
of Health Air Pollution Control Rules and Regulations which became 
effective June 14, 1989 as follows:
    (1) 7.5.3  (3) 7.5.5
    (2) 7.5.4  (4) 7.5.6
    (ii) Additional material. (A) Letter of June 30, 1989, submitted by 
the Alabama Department of Environmental Management.
    (B) Modeling analysis for Interstate Lead Corporation which was 
submitted by Jefferson County, Alabama on April 5, 1989.
    (50) Changes in Alabama's Regulations which were submitted to EPA on 
May 29, 1987, by the Alabama Department of Health and Environmental 
Management.
    (i) Incorporation by reference.
    (A) Changes in Alabama's Regulation which were adopted on May 20, 
1987:
    (1) Chapter 5, Control of Sulfur Compound Emissions: Section 
5.1.1(d) & (e) and Sections 5.3.4 (Applicability), 5.3.4 (a) & (b), 
5.3.5 (a) & (b), 5.3.6, 5.3.7, 5.3.8, & 5.3.9.
    (ii) Other Material.
    (A) Modeling analysis for Exxon Company's Big Escambia Creek 
Treating Facility and Tennessee Valley Authority's Colbert Steam Plant.
    (51) The recodified Air Division Administrative Code Rules of the 
Alabama Department of Environmental Management submitted on October 31, 
1989 as revisions to Alabama's State Implementation Plan. These rules 
became effective on June 22, 1989.
    (i) Incorporation by reference.
    (A) Alabama Department of Environmental Management Administrative 
Code Rules 335-3 and appendices A-F, revision effective June 22, 1989, 
except for the following rules:

335-3-1-.02(1)--Definitions: (b), (c), (j), (pp), (xx), (yy), (bbb), 
(ccc), (nnn), (sss), and (yyy).
335-3-2-.02--Episode Criteria: (4)(b); (4)(c), (d) and (e); and (5)(b), 
(c), (d), and (e); (6)(b), (c), (d), and (e).
335-3-4--Control of Particulate Emissions; .01(1)(a), (b), and (d)(1), 
(2), (3), (4), and (5); .01(2); and .04(1)(a)
335-3-5-.03--Petroleum Production: (4)
335-3-14--Permits: .03(1)(g)(1)

    (ii) Other material--None.
    (52) Provisions for PM10 submitted on June 29, 1988, and 
October 3, 1989, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference.
    (A) The following revisions submitted on June 29, 1988, to Chapters 
1, 2 and 16 were effective June 16, 1988. These Chapters were recodified 
as Chapters 335-3-1, 335-3-2 and 335-3-14, respectively, effective June 
22, 1989.
    (1) Definitions--1.2.1 recodified 335-3-1-.02(1) bbb, eee, nnn, and 
yyy.
    (2) Air Pollution Emergency--Chapter 2 recodified as 335-3-2.
    (3) Permits--Chapter 16 recodified as 335-3-14, except .03(1)(g)(1).

[[Page 95]]

    (B) The following revisions submitted on October 3, 1989, to 
Chapters 35-3-1 and 335-3-14 were effective September 21, 1989.
    (1) Definitions--335-1-.02 (1) (yy) and (ccc).
    (2) Permits--335-3-14.
    (i) 335-3-14-.03(1)(g)(1).
    (53) October 8, 1988, and March 15, 1989, revisions to Jefferson 
County's Implementation Plan for PM10 were submitted by the 
Alabama Department of Environmental Management. The submittal included a 
committal SIP.
    (i) Incorporation by reference.
    (A) The following revisions submitted on March 15, 1989, to chapters 
1, 2, and 4 of Jefferson County Implementation Plan for PM10 
were effective February 8, 1989.

                Chapter I--Chapter I General Provisions:

                           1.3  (Definitions):

    Soiling Index, PM10, Particulate Matter, PM10 
emission, Total Suspended Particulate, Citation, Control Device, 
Employee, Six Minute Average, Violator.
    Chapter 2--Permits: 2.3.1(g)(1), (2), and (3); 2.3.2.(b)(11) and 20; 
2.3.4 (a)(5); 2.3.2 (2); 2.4.2.(w) (1) and (2); 2.4.3; 2.4.8(h), 
2.4.8(k) and (l); 2.4.12(a)(7) and 8; 2.4.15(e); and 2.4.19(a).
    Chapter 4--Air Pollution Emergency: 4.3.4(b), (c), (d), and (e); 
4.3.5(b), (c), (d), and (e); and 4.3.6(b), (c), (d), and (e).

    (ii) Other material.
    (A) March 15, 1989, letter from the Alabama Department of 
Environmental Management.
    (54)-(55) [Reserved]
    (56) Revisions to the VOC portion of the Alabama SIP were submitted 
on April 20, 1987, November 7, 1990, May 22, 1991, and October 4, 1991, 
and July 5, 1991, by the State of Alabama. These revisions were adopted 
on April 15, 1987; October 10, 1990; November 14, 1990, and May 8, 1991; 
September 18, 1991, respectively by the Jefferson County Board of 
Health.
    (i) Incorporation by reference.
    (A) Jefferson County Department of Health Air Pollution Control 
Program Rules and Regulations, Chapter 8 (Control of VOC Emissions) and 
Chapter 1 (Definitions) effective April 8, 1987.
    (1) Chapter 1--General Provisions: Section 1.3.
    (2) Chapter 8--Control of Volatile Organic Compound (VOC) Emissions, 
except for 8.16.13.
    (ii) Other material--none.
    (57) Revisions to Chapters 335-3-1 and 335-3-6 of the Alabama 
Department of Environmental Management Administrative Code which were 
submitted on October 19, 1989, and on July 5, 1991, and adopted into the 
Alabama Department of Environmental Management Administrative Code on 
August 16, 1989 and June 26, 1991.
    (i) Incorporation by reference.
    (A) Amendments to the Alabama regulations 335-3-1-.02, 335-3-
6-.02(1); 335-3-6-.03(1); 335-3-6-.24(1); 335-3-6-.26; 335-3-6-.27; 335-
3-6-.28; 335-3-6-.29; 335-3-6-.30; 335-3-6-.31; 335-3-6-.32; 335-3-
6-.33; 335-3-6-.34; 335-3-6-.35; 335-3-6-.36; 335-3-6-.37 with the 
exception of Subsection 335-3-6-.37(10)(a); 335-3-6-.38; 335-3-6-.39; 
335-3-6-40; 335-3-6-.41; 335-3-6-.42; 335-3-6-43; 335-3-6-44; 335-3-6-
45; 335-3-6-.46; 335-3-6-.47; 335-3-6-.49; 335-3-6-.51; 335-3-6-.53 
effective July 31, 1991.
    (ii) Other material--None.
    (58) Revisions to include NO2 increment requirements in 
Chapter 2 of the SIP and the PSD regulations, Chapter 335-3-14 of the 
Alabama Department of Environmental Management Administrative Code which 
was submitted on October 22, 1990.
    (i) Incorporation by reference.
    (A) Revisions to 335-3-14-.04, ``Air Permits Authorizing 
Construction in Clean Air Areas,'' of the Alabama Department of 
Enironmental Management Administrative Code, which became effective 
November 1, 1990.
    (ii) Other material. (A) Letter dated October 22, 1990, from the 
Alabama Department of Environmental Management.
    (B) Letter dated April 30, 1991, from the Alabama Department of 
Environmental Management regarding minimum program elements.
    (59)  [Reserved]
    (60) Provisions for visible emissions were submitted by the Alabama 
Department of Environmental Management on June 11, 1979.
    (i) Incorporation by reference.
    (A) 335-3-4.01 Visible Emissions, adopted May 17, 1989.
    (ii) Other material.
    (A) None.

[[Page 96]]

    (61) Revisions to the Alabama SIP to correct errors and to add 
offset ratios which were submitted on November 10, 1992.
    (i) Incorporation by reference.
    (A) Amendments to the following sections of the Alabama regulations-
-335-3-6-.04(4), 335-3-14-.03(2)(b)15, 335-3-14-.03(2)(b)17, 335-3-
14-.03(2)(b)18, 335-3-14-.03(2)(b)20, 335-3-14-.03(2)(c)2, 335-3-
14-.03(2)(e), 335-3-14-.03(2)(g)1(i), 335-3-14-.03(2)(g)1(ii), and 
Appendix D--were adopted by the State on October 23, 1992.
    (ii) Other material.
    (A) Letter of November 10, 1992, from the Alabama Department of 
Environmental Management.
    (62) The Alabama Department of Environmental Management has 
submitted revisions to chapter 11 of the Alabama Statute on November 13, 
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) Alabama statute 11.1, effective November 13, 1993.
    (ii) Additional information--None.
    (63) Provisions for coke ovens were submitted by the Alabama 
Department of Environmental Management on September 25, 1985.
    (i) Incorporation by reference.
    (A) Alabama Department of Environmental Management Administrative 
Code, Chapter 335-3-4-.17, Steel Mills Located in Etowah County, adopted 
September 18, 1985.
    (ii) Other material.
    (A) None.
    (64) Revisions to provide synthetic minor operating permit rules 
submitted by the Alabama Department of Environmental Management on 
December 20, 1993.
    (i) Incorporation by reference.
    (A) Alabama Department of Environmental Management Air Division 
Administrative Code, Chapter 335-3-4-.10, -11, -14, -15, and Appendix D, 
adopted November 23, 1993.
    (ii) Other material. None.
    (65) Revisions to the State of Alabama State Implementation Plan 
(SIP) concerning emission statements were submitted on November 13, 
1992, by the Alabama Department of Environmental Management.
    (i) Incorporation by reference. The Addition of Section 11.2 of the 
Alabama Regulations was effective on November 13, 1992.
    (ii) Other material. Letter dated November 13, 1992, from the 
Alabama Department of Environmental Management.
    (66) The Alabama Department of Environmental Management has 
submitted revisions to Alabama SIP on September 28, 1993. These 
revisions address the requirements necessary to change the Leeds area of 
Jefferson County, Alabama, from nonattainment to attainment for lead. 
The submittal includes the maintenance plan for the Leeds Area.
    (i) Incorporation by reference.
    (A) Plan for Maintenance of the NAAQS for Lead in the Jefferson 
County (Leeds) Area after Redesignation to Attainment Status effective 
on September 28, 1993.
    (ii) Additional information. None.
    (67)  [Reserved]
    (68) The State of Alabama submitted a SIP submittal to revise the 
ADEM Administrative Code for the Air Pollution Control Program on August 
14, 1995. These revisions involve changes to Chapter 335-3-14--Air 
Permits.
    (i) Incorporation by reference.
    (1) Amendments to the following sections of the Alabama regulations-
-335-3-14-.04, and 335-3-14-.05 which were adopted on March 21, 1995.
    (ii) Other material. None.
    (69) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on October 30, 
1995, and December 14, 1995. These revisions involve changes to Chapter 
335-3-1--General Provisions.
    (i) Incorporation by reference. Section 335-3-1-.02 (gggg) of the 
Alabama regulations adopted on November 28, 1995.
    (ii) Other material. None.
    (70) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on October 30, 
1996. These revisions involve changes to Chapters 335-

[[Page 97]]

3-1, -2, -3, -4, -5, -6, -8, -9, -12, -13, -14, Appendices C, E, and F.
    (i) Incorporation by reference. Chapters 335-3-1-.02(gggg)(23-25); 
335-3-1-.04(1-2); 335-3-1-.06(3); 335-3-1-.08; 335-3-1-.09(11); 335-3-
1-.11; 335-3-2-.02(c); 335-3-2-.08(3); 335-3-3-.01(8); 335-3-4-.01(1)(a-
b), (3); 335-3-4-.04(5); 335-3-4-.07(6-7); 335-3-4-.08(2), (3), (3)(b), 
(4)(b); 335-3-4-.09(1)(4a-b), (4)(c); 335-3-4-.11(2); 335-3-
4-.14(2)(a)2, (2)(b)3; 335-3-4-.15(5-6), (6)(e), (6)(g)1; 335-3-
4-.17(4), (7-9); 335-3-5-.01(2), (2)(b), (4); 335-3-5-.02(1-3); 335-3-
5-.03(4), (4)(b), (5)(b), (8); 335-3-5-.04(10)(d), (12)(b); 335-3-
6-.01(3-6); 335-3-6-.04(4); 335-3-6-.05(3), (4), (5)(a), (5)(f), (6), 
(7); 335-3-6-.06(3)(a), (3)(a)3, (4-5); 335-3-6-.07(1), (2)(d), (3), 
(4), (4)(c), (5)(a), (5)(c), (7); 335-3-6-.11(1)(a), (1)(b-c), (2)(a), 
(2)(b-c), (3), (3)(b-c), (4)(a), (4)(b-d), (5)(a), (5)(b-c), (6)(a), 
(6)(b-c), (7)(a), (7)(b-c), (8)(a-c), (9)(a)3, (9)(b), (10)(a), (10)(b), 
(10)(c-d), (11)(a), (11)(b), (11)(c), (11)(d-e); 335-3-6-.12(4), (5), 
(6), (6)(b)3; 335-3-6-.13(2)(a); 335-3-6-.15(1)(a), (1)(b), (2)(a), 
(2)(c), (3)(a), (3)(b), (4)(a), (4)(c-d), (5); 335-3-6-.16(1)(e)1, 
(1)(e)2I, (2)(g)1, 335-3-6-.49(1), (5)(a); 335-3-6-.50(1); 335-3-
6-.53(13); 335-3-8-.02(1); 335-3-9-.01(3); 335-3-12-.02(2); 335-3-
13-.02(3); 335-3-13.03(3); 335-3-13-.04(3); 335-3-13-.05(3); 335-3-
13-.06(3); 335-3-14-.01(1)(b-c), (1)(e), (1)(g), (1)(k), (1)(k)1-5, 
(6)(a), (6)(b), (6)(b)1, (6)(b)3, (6)(c), (7)(a)2, (7)(c-d); 335-3-
14-.02(1)(a), (4)(b-c), (4)(e)1, (4)(e)4, (5)(a-c); 335-3-14-.03(1)(g)1-
3, (1)(h)2(V), (2)(a), (2)(a)4(V), (2)(a)6(i-ii), (2)(a)7, (2)(a)7(i-
ii), (2)(a)7(I), (2)(a)(7)(II)(iii), (2)(b-c), (2)(f-g); 335-3-
14-.04(2), (2)(a)1(i-iii), (2)(b)1, (2)(c)2(i), (2)(c)4, (2)(c)6(i-ii), 
(2)(f), (2)(i), (2)(i)1, (2)(m)1, (2)(m)1(i), (2)(n)2, (2)(u)1, (2)(u)4, 
(2)(w)3, (6)5(b), (8)(a-d), (8)(e-f), (8)(g-h), (8)(h)3, (8)(k), (8)(l), 
(11)(a), (12)(a)(6-8), (12)(c), (13)(a), (15)(c), (15)(f-h), (17)(c), 
(18)(a), (18)(b)2-3, (18)(c), (18)(d), (19)(a), (19)(c); 335-3-
14-.05(2)(c)1(ii), (2)(l), (3), (3)(c), (4)(c), (4)(c)2, (4)(d), (5-6), 
(6)(c), (7)(a), (9)(c)2, (9)(d), (11), (12)(a), (13)(b)7; 335-3-
15-.01(b), (d-f), (h); 335-3-15-.02(3-4), (7)(c), (8)(f), (8)(h)2, 
(8)(h)4(i), (8)(h)4(iv), (9)(a)4(iv)1-3, (9)(a)4(iv)(V), (9)(a)6(i-ii), 
(9)(a)7, (9)(a)7(i-ii), (9)(a)7(ii)(I), (9)(a)7(iii), (9)(b-c), (9)(f-
g); 335-3-15-.04(1)(a-d), (1)(e), (1)(g-h), (2)(a)(3)(c), (4)(a-b); and 
335-3-15-.05(a) were adopted on October 15, 1996.
    (ii) Other material. None.
    (71) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on October 30, 
1996. These revisions involve changes to Chapters 335-3-1, 335-3-3 and 
335-3-6.
    (i) Incorporation by reference. Chapters 335-3-1-.02(gggg)(24-27), 
335-3-3-.01(9) and 335-3-6-.16 except for (5) were adopted on August 19, 
1997.
    (ii) Other material. None.
    (72) The State of Alabama submitted revisions to the ADEM 
Administrative Code for the Air Pollution Control Program on March 5, 
1998. These revisions involve changes to Chapters 335-3-1, 335-3-12, 
335-3-14 and Appendix F.
    (i) Incorporation by reference. Rules 335-3-1-.02(gggg), 335-3-
12-.02(1)(b), 335-3-14-.01(7)(c), 335-3-14-.05(2)(c)2, 335-3-
14-.05(3)(c), and Appendix F were adopted on February 17, 1998.
    (ii) Other material. None.

[37 FR 10846, May 31, 1972. Redesignated at 63 FR 70672, Dec. 22, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 52.69, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



                            Subpart C--Alaska



Sec. 52.70  Identification of plan.

    (a) Title of plan: ``State of Alaska Air Quality Control Plan.''
    (b) The plan was officially submitted on April 25, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Modifications to the implementation plan including a revision to 
Title 18, Chapter 50, section 160 and other nonregulatory provisions 
submitted on June 22, 1972, by the Governor.
    (2) Compliance schedules submitted on August 2, 1973, by the State 
of Alaska Department of Environmental Conservation.
    (3) Compliance schedules submitted on August 23, 1973, by the State 
of Alaska Department of Environmental Conservation.
    (4) Compliance schedules submitted on September 30, 1975, by the 
State of Alaska Department of Environmental Conservation.
    (5) Compliance schedules submitted on January 6, 1976, by the State 
of

[[Page 98]]

Alaska Department of Environmental Conservation.
    (6) Compliance schedules submitted on September 30, 1975, by the 
State of Alaska Department of Environmental Conservation.
    (7) Part D attainment plans for the Anchorage and Fairbanks carbon 
monoxide nonattainment areas submitted by the Governor of Alaska on 
January 18, 1980 as follows:

            Volume II. Analysis of Problems, Control Actions

Section III. Areawide Pollutant Control Efforts, Subsection A.
Carbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks 
Emergency Avoidance Plan)

                         Volume III. Appendices

III-1 A Review of Carbon Monoxide Emissions from Motor Vehicles during 
Cold Temperature Operation
III-2 Cold Weather Related Strategy Support Development
III-3 Preliminary Assessment of Meteorological Conditions during Days of 
Ambient Air Quality Violations in Anchorage
III-4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions 
Inspection Program
III-5 Approach of Evaluating an Alaska I/M Program
III-6 Appendices to the Anchorage Air Quality Plan
III-7 Appendices to the Fairbanks Air Quality Plan

    (8) On January 18, 1980, the State of Alaska Department of 
Environmental Conservation submitted a plan revision to meet the 
requirements of Air Quality Monitoring, 40 CFR part 58, subpart C, Sec. 
58.20, as follows:

            Volume II. Analysis of Problems, Control Actions

Section V. Ambient Air Monitoring
    A. Purpose
    C. Air Monitoring Network
    E. Annual Review

    (9) Provisions of a State Air Quality Control Plan submitted by the 
Governor of Alaska on January 18, 1980, as follows:

            Volume II. Analysis of Problems, Control Actions

Section I. Introduction
    A. Summary
    B. Air Quality Control Regions
    C. Attainment/Nonattainment Designations
Section II. Alaskan Air Quality Control Programs
    A. State Program
    B. Local Programs
    C. Resource Needs
Section III. Areawide Pollutant Control Efforts
    A. Carbon Monoxide, Subpart 1.c (Other areas)
    B. Total Suspended Particulate Matter
    C. Ice Fog
    D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
    A. Summary
    B. Description of Source Categories and Pollutants
    C. Summary of Major Emitting Sources
    D. History of Alaskan Point Source Program
    F. Local Program Enforcement
    G. New Source Review and Approval
    H. Compliance Assurance
    I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
    B. Description of Previous Air Monitoring Network

                         Volume III. Appendices

I-1 Summary of Public Hearings, Written Testimony, etc.
I-2 Recommendations for attainment/Nonattainment designations
II-1 Alaska Statutes, except section 46.03.170
II-2 Regulations of the Fairbanks North Star Borough, except section 
8.04.070
II-3 Fairbanks North Star Borough/Alaska Department of Environmental 
Conservation Agreement
II-4 Municipality of Anchorage/Alaska Department of Environmental 
Conservation Agreement
II-5 Alaska State Department of Law Legal Opinion
IV-1 Summaries of Emission Inventories
IV-2 D. Permit to Operate for the Fairbanks Municipal Utilities System
IV-3 Testing Procedures
V-1 Air Quality Data
An amended Appendix II-5, ``Alaska State Department of Law Legal 
Opinion'' submitted by the State of Alaska Department of Environmental 
Conservation on February 29, 1980. Amendments to the January 18, 1980 
submittal, submitted by the State of Alaska Department of Environmental 
Conservation on September 29, 1982 as follows:

            Volume II. Analysis of Problems, Control Actions

Section I. Introduction
    C. Attainment/Nonattainment Designations
Section III. Areawide Pollutant Control Efforts
    D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts

[[Page 99]]

    C. Summary of Major Emitting Sources
    D. History of Alaskan Point Source Program
    F. Local Program Enforcement
    G. New Source Review and Approval
    H. Compliance Assurance
    I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
    C. Air Monitoring Network
    E. Annual Review

                         Volume III. Appendices

IV-4 ADEC Ambient Analysis Procedures

    (10) On November 15, 1983 the State of Alaska Department of 
Environmental Conservation submitted a revision to add a lead strategy 
to the Alaska Implementation Plan.
    (11) Provisions of a State Air Quality Control Plan submitted by the 
Alaska Department of Environmental Conservation on November 15, 1983, as 
follows:

            VOLUME II. ANALYSIS OF PROBLEMS, CONTROL ACTIONS

                          Section I. BACKGROUND

A. INTRODUCTION
B. AIR QUALITY CONTROL REGIONS
C. ATTAINMENT/NONATTAINMENT DESIGNATIONS
D. PREVENTION OF SIGNIFICANT DETERIORATION DESIGNATIONS

              Section II. STATE AIR QUALITY CONTROL PROGRAM

             Section III. AREAWIDE POLLUTANT CONTROL PROGRAM

D. TOTAL SUSPENDED PARTICULATE MATTER
E. ICE FOG
F. OPEN BURNING
G. WOOD SMOKE POLLUTION CONTROL

                Section IV. POINT SOURCE CONTROL PROGRAM

A. SUMMARY
    1. Annual Review Report
B. STATE AIR QUALITY REGULATIONS
C. LOCAL PROGRAMS
D. DESCRIPTION OF SOURCE CATEGORIES AND POLLUTANTS
    1. Typical Point Sources
    2. Summary of Major Emitting Facilities
E. POINT SOURCE CONTROL
    1. Introduction
F. FACILITY REVIEW PROCEDURES
    1. Who needs a permit?
    2. Standard Application Procedures
    3. PSD Application Procedures, Preliminary report and meeting, Pre-
construction monitoring, PSD application format
    4. Nonattainment Application Procedures
G. APPLICATION REVIEW AND PERMIT DEVELOPMENT
    1. Application Review
    2. Permit Development Requirement, Monitoring and Testing 
Requirements, Ambient Monitoring, Continuous Emissions Monitoring, 
Source Testing
    3. Prevention of Significant Deterioration Review, Basis of Program, 
PSD Regulations, PSD Analysis Procedure
    4. Nonattainment Area Review
    5. New Source Performance Standards Source Review
    6. Visibility Review
    7. Sources under EPA Review
H. PERMIT ISSUANCE REQUIREMENTS

                    Section V. AMBIENT AIR MONITORING

A. PURPOSE
B. COMPLETED AIR MONITORING PROJECTS
    1. Carbon Monoxide
    2. Nitrogen Oxides
    3. Sulfur Dioxide
    4. Ozone
    5. Total Suspended Particulates (TSP)
    6. Lead
C. AIR MONITORING NETWORK
    1. Network Description
    2. Station Designations
    3. Air Quality Monitoring Procedures
    4. Ambient Sampling for Specific Pollutants
E. ANNUAL REVIEW

                         VOLUME III. APPENDICES

              Section II. STATE AIR QUALITY CONTROL PROGRAM

II.A. State Air Statutes, except section 46.03.170, State Attorney 
          General Opinions on Legal Authority
II.B. Municipality of Anchorage/Cook Inlet/ADEC Agreements
II.C. Fairbanks North Star Borough Ordinances/FNSB & ADEC Agreements

             Section III. AREAWIDE POLLUTANT CONTROL PROGRAM

III.G. Ordinance of the City and Borough of Juneau

                Section IV. POINT SOURCE CONTROL PROGRAM

IV.1. PSD Area Classification and Reclassifications
    A. Class I Area Boundaries
    B. Areas Protected from Visibility Degradation
    C. Reclassification
    1. Limitations on PSD Reclassification
    2. PSD Reclassification Procedures
IV.2. Compliance Assurance
IV.3. Testing Procedures

[[Page 100]]

                    Section V. AMBIENT AIR MONITORING

    ADEC Ambient Analysis Procedures

TITLE 18. ENVIRONMENTAL CONSERVATION, CHAPTER 50. AIR QUALITY CONTROL, 
Sections 021(d), 030(g), 040(a)(2), 040(c), 050(a)(2), 050(b)(4), 085, 
300(a)(1), 300(a)(7), 400(d)(6), 500(d), 500(e), 510 (Editor's Note), 
520(a), 520(b), 610(a), 620, 900(15), 900(39), 900(47), and 900(48).

    (12) On September 29, 1982, the Commissioner of the Alaska 
Department of Environmental Conservation submitted a carbon monoxide 
attainment plan for the cities of Anchorage (section III.B) and 
Fairbanks (section III.C) as a revision to the Alaska State 
Implementation Plan. On November 15, 1983, a revision to this plan was 
submitted for the city of Anchorage. Supplement to the Anchorage and 
Fairbanks plans revisions to section III.A (Areawide Pollutant Control 
Program, Statewide Transportation Control Program) and a new State 
Regulation 18 AAC Chapter 52 (Emissions Inspection and Maintenance 
Requirements for Motor Vehicles) were submitted on May 31, 1985.
    (i) Incorporation by reference.
    (A) May 31, 1985 letter from the State of Alaska to EPA, and State 
Regulation 18 AAC 52 (Emissions Inspection and Maintenance Requirements 
for Motor Vehicles) as filed by the Commissioner for the State of Alaska 
on May 19, 1985.
    (B) Page section III.B.8-3 of the Anchorage Transportation Control 
Program, Alaska Air Quality Control Plan, revised June 1, 1985 
(emissions and air quality projections for Anchorage with vehicle 
inspection and maintenance program).
    (C) Table C.6.a of the Fairbanks Transportation Control Program, 
Alaska Air Quality Control Plan [reasonable further progress required 
reductions for Fairbanks] (page section III.C.6-2) revised November 20, 
1982.
    (ii) Other material.
    (A) Section III.A Statewide Transportation Control Program.
    (B) Section III.B Anchorage Transportation Control Program.
    (C) Section III.C Fairbanks Transportation Control Program.
    (D) The I/M Program Design for the Fairbanks North Star Borough 
dated October 25, 1984.
    (E) The I/M Program Design for the Municipality of Anchorage dated 
1984.
    (13) On June 26, 1987, the State of Alaska Department of 
Environmental Conservation submitted Section III.B.10-1 through 
III.B.10-6 (Anchorage Air Pollution Episode Curtailment Actions); 
Section III.C.10-1 through III.C.10-9 (Fairbanks Emergency Episode 
Prevention Plan); and minor modifications to Section III.C.5-7 
(Fairbanks Inspection and Maintenance Program Design).
    (i) Incorporation by reference.
    (A) June 26, 1987 letter from the State of Alaska Department of 
Environmental Conservation to EPA Region 10.
    (B) Section III.B.10-1 through III.B.10-6 of Volume II (Anchorage 
Air Pollution Episode Curtailment Actions) as adopted as an ordinance by 
the Anchorage Assembly on September 9, 1986.
    (C) Section III.C.10-1 through III.C.10-9 of Volume II (Fairbanks 
Emergency Episode Prevention Plan) as adopted as an ordinance by the 
Assembly of the Fairbanks North Star Borough on December 19, 1985.
    (D) Page number Section III.C.5-7 of Volume II (Fairbanks Inspection 
and Maintenance Design). This new page supercedes the current page 
number Section III.C.5-7 of the Alaska Air Quality Control Plan as 
adopted by the Alaska Department of Environmental Conservation on June 
26, 1987.
    (14) On June 26, 1987, the Commissioner of the Alaska Department of 
Environmental Conservation submitted revised rules regulating the height 
of stacks and the use of dispersion techniques, specifically revisions 
to 18 AAC 50.400(a), 18 AAC 50.530(c), 18 AAC 50.900(16), 18 AAC 
50.900(20), 18 AAC 50.900(23), and 18 AAC 50.900.(29), and the deletion 
of 18 AAC 50.900(17).
    (i) Incorporation by reference.
    (A) June 26, 1987 letter from the State of Alaska Department of 
Environmental Conservation to EPA, Region 10.
    (B) August 11, 1987 letter from the State of Alaska Department of 
Environmental Conservation to EPA, Region 10.
    (C) 18 AAC 50.400(a) and 18 AAC 50.900 (16), (20), (23), and (29) as 
adopted by the

[[Page 101]]

State of Alaska Department of Environmental Conservation on December 31, 
1986.
    (15) On September 12, 1988, the State of Alaska Department of 
Environmental Conservation submitted revisions to AAC 18 Chapter 52 
(Emission Inspection and Maintenance Requirements for Motor Vehicles). 
Those sections amended through June 2, 1988, are: 18 AAC 51.010 [Purpose 
and General Requirements] (a)(3), (b), (d), (e), and (g); 18 AAC 52.020 
[Vehicles Subject to this Chapter] (1); 18 AAC 52.070 [Waivers] (5)(A) 
through (C); and 18 AAC 52.900 [Definitions] (14).
    (i) Incorporation by reference.
    (A) September 12, 1988 letter from the State of Alaska Department of 
Environmental Conservation to EPA Region 10.
    (B) Chapter 52 [Emissions Inspection and Maintenance Requirements 
for Motor Vehicles] section 52.010 [Purpose and General Requirements 
(a)(3), (b), (d), (e), and (g); section 52.020 [Vehicles Subject to This 
Chapter] (1); section 52.070 [Waivers] (5)(A) through (C); and section 
52.900 [Definitions] (14) as adopted by the State of Alaska Department 
of Environmental Conservation on March 10, 1988.
    (16) On September 12, 1988, the State of Alaska Department of 
Environmental Conservation submitted revisions to the State of Alaska 
state implementation plan. Specifically pages IV.F.1-1 through IV.F.1-8 
of section IV.F ``Project Review Procedures'' and amendments to title 
18, chapter 50, sections 050(a)(4), 050(b), 050(d)(1), 300(a)(5)(C), 
300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500(d), 510(a), 520(a), 520(b), 
and 620 of the Alaska Administrative Code.
    (i) Incorporation by reference. (A) September 12, 1988, letter from 
the State of Alaska Department of Environmental Conservation to EPA 
Region 10 submitting a revision to the Alaska state implementation plan.
    (B) Vol. II, Analysis of Problems, Control Actions, Pages IV.F.1-1 
through IV.F.1-8 of section IV.F, ``Project Review Procedures,'' revised 
June 2, 1988.
    (C) Title 18, chapter 50, (Air Quality Control) section 050 
(Industrial Processes and Fuel Burning Equipment) (a)(4), 050(b), 
050(d)(1), 300 (Permit to Operate) (a)(5)(C), 300(a)(6)(C), 300(a)(7), 
300(c), 300(g), 500 (Source Testing) (d), 510 (Ambient Analysis Methods) 
(a), 520 (Emission and Ambient Monitoring) 520(a), 520(b), and 620 (Air 
Quality Control Plan) of the Alaska Administrative Code as adopted by 
the State of Alaska Department of Environmental Conservation on March 
10, 1988 and effective on June 2, 1988.
    (17) On October 17, 1991, the State of Alaska Department of 
Environmental Conservation submitted a PM10 nonattainment 
area state implementation plan for Eagle River, Alaska.
    (i) Incorporation by reference.
    (A) October 15, 1991 letter from Alaska Department of Environmental 
Conservation to EPA Region 10 submitting the PM10 
nonattainment area state implementation plan for Eagle River, Alaska.
    (B) The PM10 nonattainment area state implementation plan 
for Eagle River, Alaska, as adopted by the Anchorage Assembly on 
February 6, 1990 and effective on September 24, 1991.
    (18) On June 22, 1993, the Governor of the State of Alaska submitted 
revised rules to satisfy certain Federal Clean Air Act requirements for 
an approvable moderate PM10 nonattainment area SIP for 
Mendenhall Valley, Alaska. Also included in this SIP were 
PM10 contingency measures for the Mendenhall Valley. On 
January 21, 1992, a supplement to the existing Eagle River 
PM10 control plan was submitted by ADEC to EPA and certified 
on March 8, 1993, by the Lieutenant Governor of Alaska.
    (i) Incorporation by reference.
    (A) June 22, 1993, letter from the Governor of the State of Alaska 
to EPA, Region 10, submitting the moderate PM10 nonattainment 
area SIP for Mendenhall Valley, Alaska.
    (B) The Control Plan for Mendenhall Valley of Juneau, effective July 
8, 1993.
    (C) August 25, 1993, letter from ADEC showing, through enclosures, 
the permanent filing record for the supplement to the existing Eagle 
River PM10 control plan. The Lieutenant Governor certified 
the supplement on March 8, 1993.
    (D) The January 21, 1992, supplement to the existing Eagle River 
PM10 control plan, effective April 7, 1993. Also

[[Page 102]]

included is an August 27, 1991 Municipality of Anchorage memorandum 
listing the 1991 capital improvement project priorities and an October 
11, 1991, Muncipality of Anchorage memorandum summarizing the supplement 
to the existing PM10 control plan.
    (19) The Environmental Protection Agency (EPA) takes action on and/
or approves regulations from three submittals received from the ADEC on 
July 17, 1990, October 15, 1991 and on March 24, 1994, which pertain to 
correcting SIP deficiencies in the CFR; amendments to regulations 
dealing with Air Quality Control, 18 AAC 50, for inclusion into Alaska's 
SIP; and additional amendments to 18 AAC 50, Air Quality Control, for 
inclusion into Alaska's SIP to assure compliance with new source review 
permitting requirements for sources located in nonattainment areas for 
either carbon monoxide or particulate matter.
    (i) Incorporation by reference.
    (A) July 17, 1990 letter from ADEC to EPA requesting correction for 
findings of SIP deficiency in 40 CFR Part 52, and including the version 
of Alaska Statutes, ``Title 46. Water, Air, Energy, and Environmental 
Conservation,'' in effect at the time of the July 17, 1990 letter, of 
which Sections 46.03.020, 46.03.030, 46.03.032, and 46.03.715, amended 
in 1987, were the most recently amended of the enclosed statutes.
    (B) October 15, 1991 letter from ADEC to EPA, and including 
amendments to regulations and the State Air Quality Control Plan to 
assure compliance with national ambient air quality standards for 
particulate matter; the Order Amending Regulations of the Department of 
Environmental Conservation, effective July 21, 1991; and the following 
Alaska Administrative Code, 18 AAC 50, Air Quality Control Regulations: 
(50.020; 50.085; 50.100; 50.300; 50.400; 50.510, 50.520, 50.610, and 
50.900), effective July 21, 1991, Register 119.
    (C) March 24, 1994 letter from Walter J. Hickel, Governor of Alaska, 
to Chuck Clarke, Regional Administrator of EPA, and including amendments 
to 18 AAC 50, State Air Quality Control Plan; the Order Adopting and 
Amending Regulations of the Department of Environmental Conservation, 
effective April 23, 1994, Register 130; and the amendments to 18 AAC 50 
(50.021, 50.300(a)(7) and (a)(8), 50.300 (d), (e), and (g), 
50.400(a)(1)(A), 50.400(c)(3)(B)(ii), 50.400(c)(4), 50.400(d)(4), and 
50.620), State Air Quality Control Plan, found in Volume III: 
Appendices, Modifications to Section III.A, effective April 23, 1994, 
Register 130.
    (20) On April 18, 1994, the Commissioner of the Alaska Department of 
Environmental Conservation (ADEC) submitted ``The Alaska Air Quality 
Small Business Assistance Program State Air Quality Control Plan 
Amendment,'' adopted April 8, 1994, as a revision to the Alaska SIP.
    (i) Incorporation by reference.
    (A) Letter dated April 8, 1994, from the Commissioner of ADEC to the 
Regional Administrator of EPA, submitting ``The Alaska Air Quality Small 
Business Assistance Program State Air Quality Control Plan Amendment'' 
to EPA; the Alaska Air Quality Small Business Assistance Program State 
Air Quality Control Plan Amendment (which includes Appendix A the Alaska 
Statutes Title 46, Chapter 14, Article 3), dated April 1994, and adopted 
April 8, 1994.
    (ii) Additional information.
    (A) Letter dated July 24, 1995, from Alaska Department of 
Environmental Conservation, submitting information necessary for 
approval of the SBAP revision to EPA; the July 1995 SBAP Update, 
Responses to EPA Comments, and the Air Quality/Small Business Assistance 
Compliance Advisory Panel Board Information.
    (21) On July 11, 1994 ADEC submitted a SIP revision for a basic 
motor vehicle inspection and maintenance (I/M) program in the 
Municipality of Anchorage (MOA) and the Fairbanks North Star Borough 
(FNSB).
    (i) Incorporation by reference.
    (A) July 11, 1994 letter from the Governor of Alaska to the Regional 
Administrator of EPA submitting Alaska's amendments to the Air Quality 
Control Plan and to 18 AAC 52, Emissions Inspection and Maintenance 
Requirements for Motor Vehicles; the amendments to 18 AAC 52 (52.005, 
.015, .020, .030, .035, .040, .045, .050, .055, .060, .065, .070, .075, 
.080, .085, .090, .095, .100, .105, .400, .405, .410, .415, .420, .425, 
.430, .440, .445, .500, .505, .510, .515, .520, .525, .527,

[[Page 103]]

.530, .535, .540, .545, .550, and .990), effective February 1, 1994; and 
the State Air Quality Control Plan, Vol. II: Analysis of Problems, 
Control Actions, Modifications to Section I, June 9, 1994; Vol. II: 
Analysis of Problems, Control Actions, Modifications to Section I, II, 
III and V, adopted January 10, 1994; Vol. III: Appendices, Modifications 
to Section III.A, June 9, 1994; Vol. III: Appendices, Modifications to 
Section III.B, June 9, 1994; and Vol. III: Appendices, Modifications to 
Section III.C, June 9, 1994.
    (22) On March 24, 1994, ADEC submitted a revision to its SIP for the 
State of Alaska addressing the attainment and maintenance of the 
National Ambient Air Quality Standards for carbon monoxide in the 
Anchorage carbon monoxide nonattainment area.
    (i) Incorporation by reference.
    (A) March 24, 1994 letter from Alaska Governor Walter Hickel to EPA 
Regional Administrator Chuck Clarke including as a revision to the SIP 
the State of Alaska, Department of Environmental Conservation, 18 AAC 
53, ``Fuel Requirements for Motor Vehicles,'' (Article 1, 18 AAC 53.005-
-18 AAC 53.190 and Article 9, 18 AAC 53.990) with amendments adopted 
through March 19, 1994.
    (23) On March 24, 1994, ADEC submitted a SIP revision to EPA to 
satisfy the requirements of sections 187(a)(2)(A) and 187(a)(3) of the 
CAA, forecasting and tracking VMT in the Anchorage area.
    (i) Incorporation by reference.
    (A) March 24, 1994 letter from the Alaska Governor to the EPA 
Regional Administrator including as a revision to the SIP the VMT 
requirement in the Anchorage area, contained in ADEC's State Air Quality 
Control Plan, Volume III: Appendices, Modifications to Section III.B.6, 
III.B.8, III.B.10 and III.B.11, adopted January 10, 1994; and further 
description on pages 10-14, 57-60 and 69-75 contained in ADEC's State 
Air Quality Control Plan, Volume III: Appendices, Modifications to 
Section III.B, III.B.1, and III.B.3, adopted January 10, 1994.
    (24) On December 5, 1994 the Alaska Department of Environmental 
Conservation sent EPA revisions for inclusion into Alaska's SIP that 
address transportation and general conformity regulations as required by 
EPA under the CAA.
    (i) Incorporation by reference.
    (A) December 5, 1994 letter from the Governor of Alaska to EPA, 
Region 10, submitting amendments addressing transportation and general 
conformity revisions to the SIP:
    (1) Regulations to 18 AAC 50, Air Quality Control, including Article 
5, Procedure and Administration, 18 AAC 620; Article 6, Reserved; 
Article 7, Conformity, 18 AAC 50.700-18 AAC 50.735; Article 8, Reserved; 
and Article 9, General Provisions, 18 AAC 50.900, all of which contain 
final edits (23 pages total) by the Alaska Department of Law, were filed 
by the Lieutenant Governor on December 5, 1994 and effective on January 
4, 1995.
    (2) Amendments to the Alaska State Air Quality Control Plan, 
``Volume II: Analysis of Problems, Control Actions,'' as revised on 
December 1, 1994, adopted by reference in 18 AAC 50.620, containing 
final edits by the Alaska Department of Law, all of which were certified 
by the Commissioner of Alaska to be the correct plan amendments, filed 
by the Alaska Lieutenant Governor on December 5, 1994 and effective on 
January 4, 1995.
    (25) On March 24, 1994, ADEC submitted a revision to its SIP for the 
State of Alaska addressing the attainment and maintenance of the NAAQS 
for CO in the Anchorage CO nonattainment area.
    (i) Incorporation by reference.
    (A) March 24, 1994 letter from the Alaska Governor to the EPA 
Regional Administrator including as a revision to the SIP the State of 
Alaska, Department of Environmental Conservation, 18 AAC 53, ``Fuel 
Requirements for Motor Vehicles,'' (Article 1, 18 AAC 53.005--18 AAC 
53.190 and Article 9, 18 AAC 53.990, with the exception of 18 AAC 
53.010(c)(2)), filed March 24, 1994 and effective on April 23, 1994.
    (26) Submittal to EPA from the ADEC of CO contingency measure for 
Fairbanks, AK.
    (i) Incorporation by reference.
    (A) Letter dated July 12, 1995 from the Commissioner of the ADEC to 
the

[[Page 104]]

EPA Regional Administrator submitting its repair technician and 
certification program element found in State regulation 18 AAC 52.400-
410, effective June 24, 1994.
    (27) On October 31, 1997, ADEC submitted revisions to Fuel 
Requirements for Motor Vehicles, title 18, chapter 53 of the Alaska 
Administrative Code (18 AAC 53) regarding the use of oxygenated fuels.
    (i) Incorporation by reference.
    (A) Title 18, Chapter 53, Alaska Administrative Code (AAC), Fuel 
Requirements for Motor Vehicles, adopted October 31, 1997 (Article 1, 18 
AAC 53 .005, .007, .010, .015, .020, .030, .035, .040, .045, .060, .070, 
.080, .090, .100, .105, .120, .130, .140, .150, .160, .170, .190; 
Article 9, 18 AAC 53.990).
    (28) On January 8, 1997, the Director of the Alaska Department of 
Environmental Conservation submitted the Alaska air quality regulations, 
18 Alaska Administrative Code (AAC) 50 (with the exception of 18 AAC 
50.055(a)(9), 50.085, 50.090, 50.110, 50.300(g), and 50.310(l) which 
were not submitted), as effective on January 18, 1997. On March 17, 
1998, the Director of the Alaska Department of Environmental 
Conservation resubmitted 18 AAC 50.055(a)(3) and (b)(6). EPA has 
approved the following provisions of 18 AAC 50, as effective on January 
18, 1997: Section 005; Section 010, except for subsections (7) and (8); 
Section 025; Section 030; Section 035; Section 045; Section 050; Section 
055, except for paragraph (d)(2)(B) and (a)(9); Section 060; Section 
065; Section 070; Section 075; Section 200; Section 201; Section 205; 
Section 220; Section 240; Section 245; Section 400, paragraphs (a), 
(b)(1), and (c); Section 420; Section 430; Section 900; and Section 990, 
subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15), 
(16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33), 
(34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51), 
(53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70), 
(71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86), 
(89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100). 
On January 8, 1997, the Director of the Alaska Department of 
Environmental Conservation submitted the current Alaska Statutes for air 
pollution control, specifically the 1993 Alaska Act (Chapter 74 State 
Legislative Act 1993). EPA has approved as federally enforceable 
provisions of the SIP, the following provisions of the Alaska Statutes, 
as effective June 25, 1993: AS 46.14.510(b); AS 46.14.550; AS 46.14.560; 
AS 46.14.990(1), (2), (3), (6), (7), (8), (10), (13), (15), (16), (17), 
(18), (22), (24), and (25); and AS 45.45.400(a). On January 8, 1997, the 
Director of the Alaska Department of Conservation submitted the ``In 
Situ Burning Guidelines for Alaska (revised 5/94).''
    (i) Incorporation by reference.
    (A) 18 AAC 50.005; 18 AAC 50.010, except for subsections (7) and 
(8); 18 AAC 50.025; 18 AAC 50.030; 18 AAC 50.035; 18 AAC 50.045; 18 AAC 
50.050; 18 AAC 50.055, except for paragraphs (d)(2)(B) and (a)(9); 18 
AAC 50.060; 18 AAC 50.065; 18 AAC 50.070; 18 AAC 50.075; 18 AAC 50.200; 
18 AAC 50.201; 18 AAC 50.205; 18 AAC 50.220; 18 AAC 50.240; 18 AAC 
50.245; 18 AAC 50.400, paragraphs (a), (b)(1), and (c); 18 AAC 50.420; 
18 AAC 50.430; 18 AAC 50.900; and 18 AAC 50.990, subsections (2), (3), 
(4), (5), (6), (8), (9), (10), (11), (14), (15), (16), (17), (19), (20), 
(23), (24), (25), (26), (29), (31), (32), (33), (34), (35), (37), (39), 
(40), (42), (43), (45), (47), (48), (50), (51), (53), (58), (59), (60), 
(61), (62), (63), (65), (66), (67), (69), (70), (71), (72), (74), (75), 
(78), (79), (80), (81), (83), (84), (85), (86), (89), (90), (91), (92), 
(93), (94), (95), (96), (97), (99), and (100); as effective on January 
18, 1997.
    (B) AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1), 
(2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24), 
and (25); and AS 45.45.400(a); as effective on June 25, 1993.
    (C) Remove the following provisions of 18 AAC 50, as effective on 
June 2, 1988, from the current incorporation by reference: 18 AAC 
50.010; 18 AAC 50.070; 18 AAC 50.900, subsections (19), (27), (30), 
(45), (46), and (48).
    (29) The Environmental Protection Agency (EPA) approves various 
amendments to the Alaska State Air Quality Control Plan which are 
contained in three separate submittals to EPA, dated February 6, 1997, 
June 1, 1998, and September 10, 1998, and which include the inspection 
and maintenance program.
    (i) Incorporation by reference.
    (A) Air Quality Control Regulations, 18 AAC 50.

[[Page 105]]

    Effective September 4, 1998: Section 700; Section 705; Section 710 
(except for the incorporation by reference of sections 93.102(c), 93.102 
(d), 93.104(d), 93.104(e)(2), 93.109(c)-(f), 93.118(e), 93.119(f)(3), 
93.120(a)(2), 93.121(a)(1) and (b), and 93.124(b) of 40 CFR); Section 
715; and Section 720.
    (B) Emissions Inspection and Maintenance Requirements for Motor 
Vehicles 18 AAC 52.
    (1) Effective January 1, 1998: Section 005; Section 010; 015; 020; 
025; 035; 037; 050; 060, except for subsections (8)(c), (8)(d)(2) and 
(8)(e); 065; 070; 080; 085; 095; 100; 105; 400; 405; 415, except 
subsection (f)(1); 420, except subsection (a)(11); 425; 440; 500; 515; 
520, except subsection (c)(9); 525; 527; 530, except subsections (b)(3), 
(c)(4)(C) and (d)(9); 535; 540; 545; 546; 990.
    (2) Effective January 1, 1997: Section 055; 090.
    (3) Remove the following provisions of 18 AAC 52, effective January 
1, 1997: Section 060, subsection 8 (c) and 8 (e); Section 520, 
subsection (c)(9).
    (4) Remove the following provisions of 18 AAC 52, effective January 
1, 1998: Section 060, subsection 8 (d)(2); Section 415, subsection 
(f)(1); Section 420, subsection (a) (11); Section 530, subsection (b)(3) 
and (d)(9).
    (5) Remove the following provisions of 18 AAC 52, effective January 
4, 1995: Section 530, subsection (c) (4)(c).
    (C) Fuel Requirements for Motor Vehicles 18 AAC 53.
    (1) Effective October 31, 1997: Section 05; 07; 10; 20; 30; 35; 40; 
45; 60; 70; 80; 90; 200; 105; 120; 130; 140; 150; 160; 170; 190 and 
effective September 4, 1998, Section 990.
    (2) Remove the following provision of 18 AAC 53.015, Expansion of 
Control Area, effective October 31, 1997.
    (ii) Additional Material.
    (A) Revisions to Alaska's State Air Quality Control Plan, Volume II: 
Section I, ``Background,'' I.A; I.B., I.C., I.D., and I.E., adopted 11/
26/96; Part B--Anchorage Contingency Measures, adopted 5/18/98; Section 
II, ``State Air Quality Control Program,'' pages II-1 through II-4, 
adopted 5/18/98; Section III.A. ``Statewide Carbon Monoxide Control 
Program,'' pages III.A.1-1 through III.A.3-4, adopted 5/18/98; III.B. 
``Anchorage Transportation Control Program,'' pages III.B.1-1 through 
III.B.6-7, adopted 5/18/98; III.B.8. ``Modeling and Projections,'' pages 
III.B.8-1 through III.B.9-2, adopted 5/18/98; III.B.10, ``Anchorage Air 
Pollution Episode Curtailment Plan,'' pages III.B.10-1 and III.B.10-2, 
revised 12/19/93; III.B.11. ``Assurance of Adequacy,'' pages III.B.11-1 
through III.B.11-3, revised 5/18/98; III.B.12. ``Emissions Budget,'' 
page III.B.12-1, adopted 11/26/96; and various CO SIP streamlining edits 
throughout Volume II and Volume III of the State Air Quality Control 
Plan which make the document easier to read and better organized, 
adopted 5/18/98.
    (30) On November 1, 1999, the Alaska Department of Environmental 
Conservation (ADEC) submitted a SIP revision to revise the visible 
emission limit for coal burning boilers, during startup; shutdown; soot-
blowing; grate cleaning; or other routine maintenance activities, that 
began operation before August 17, 1971, and submitted the required 
demonstration. This SIP revision is approved for the following 
facilities that submitted the required demonstration: Golden Valley 
Electric Association (GVEA), Healy (Unit #1); Eielson Air Force Base, 
Fairbanks (6 units); Aurora Energy, Fairbanks (4 units); and Clear Air 
Force Base, Clear (3 units). Additionally, we are approving a revision 
to the definitions section that will add definitions of grate cleaning 
and soot-blowing.
    (i) Incorporation by reference.
    (A) 18 Alaska Administrative Code (AAC) 50.055(a)(9), Industrial 
Processes and Fuel-Burning Equipment; as State effective on November 4, 
1999. 18 AAC 50.990, subsections (106) and (107), Definitions; as State 
effective on January 1, 2000.
    (31) The Environmental Protection Agency (EPA) approves various 
amendments to the Alaska State Air Quality Control Plan which are 
contained in two separate submittals to EPA, dated February 24, 2000 and 
February 2, 2001, and which include the inspection and maintenance and 
fuels program.
    (i) Incorporation by reference.
    (A) Air Quality Control Regulations, 18 AAC 50. Effective December 
30, 2000: Section 030.

[[Page 106]]

    (B) Emissions Inspection and Maintenance Requirements for Motor 
Vehicles 18 AAC 52.
    (1) Effective January 1, 2000: Sections 005; 015; 020; 025; 035; 
037; 055; 060; 065; 070; 085; 100; 105; 410; 415; 420; 440; 500; 510; 
515; 520; 525; 527; 530; 535; and 540.
    (2) Effective December 30, 2000: Sections 050 and 990.
    (C) Fuel Requirements for Motor Vehicles 18 AAC 53. Effective 
December 30, 2000: Section 080.
    (32) On August 30, 2001 the Alaska Department of Environmental 
Conservation submitted revisions to the Carbon Monoxide State 
Implementation Plan for Fairbanks, Alaska.
    (i) Incorporation by reference.
    (A) Air Quality Control Regulations, 18 AAC 50.030, as adopted 7/27/
01, effective 9/21/01.
    (B) Assembly Ordinance 2001-17  mandating a Fairbanks North Star 
Borough motor vehicle plug-in program, as adopted 4/12/2001, effective 
4/13/01.
    (ii) Additional Material.
    Volume II, Section III.C of the State Air Quality Control Plan 
adopted 7/27/01, effective 9/21/01; Volume III.C3, III.C.5, C.11, and 
C.12 of the Appendices; adopted 7/27/01, effective 9/21/01.

[37 FR 10848, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 52.70, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 52.71  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control Region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Cook Inlet Intrastate.....................................           I        III       III         I       III.
Northern Alaska Intrastate................................           I        III       III         I       III.
South Central Alaska Intrastate...........................         III        III       III       III       III.
Southeastern Alaska Intrastate............................         III        III       III       III       III.
----------------------------------------------------------------------------------------------------------------


[37 FR 10848, May 31, 1972, as amended at 48 FR 30625, July 5, 1983]



Sec. 52.72  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Alaska's plan for the attainment and maintenance of the 
national standards. The State included in the plan a regulation 
prohibiting idling of unattended motor vehicles. However, the plan 
stated that this regulation was included for informational purposes 
only, and was not to be considered part of the control strategy to 
implement the national standards for carbon monoxide. Accordingly, this 
regulation is not considered a partof the applicable plan.

[37 FR 15080, July 27, 1972]



Sec. 52.73  Approval of plans.

    (a) Carbon monoxide.
    (1) Anchorage.
    (i) EPA approves as a revision to the Alaska State Implementation 
Plan, the Anchorage Carbon Monoxide Attainment Plan (Volume II, Section 
III.B of the State Air Quality Control Plan adopted December 20, 2001, 
effective January 27, 2002 and Volume III.B.3, III B.10 and III.B11, III 
B.12 of the Appendices adopted December 20, 2001, effective January 27, 
2002) submitted by the Alaska Department of Environmental Conservation 
on January 4, 2002.
    (ii) [Reserved]
    (2) Fairbanks. [Reserved]
    (b) Lead. [Reserved]
    (c) Nitrogen dioxide. [Reserved]
    (d) Ozone. [Reserved]
    (e) Particulate matter. [Reserved]
    (f) Sulfur dioxide. [Reserved]

[67 FR 58712, Sept. 18, 2002]



Sec. 52.74  [Reserved]



Sec. 52.75  Contents of the approved state-submitted implementation plan.

    The following sections of the State Air Quality Control Plan (as 
amended

[[Page 107]]

on the dates indicated) have been approved and are part of the current 
State Implementation Plan:

             Volume II: Analysis of Problems, Control Action

                          Section I Background

A. Introduction (7/1/82)
B. Air Quality Control Regions (7/1/82)
C. Attainment/ Nonattainment Designations (7/1/83)

         Section II State Air Quality Control Program (11/1/83)

             Section III Areawide Pollutant Control Program

A. Statewide Transportation Control Program (6/1/85)
B. Anchorage Transportation Control Program (6/1/85), except B.10.1 
          through 10.6 Anchorage Air Pollution Curtailment Actions (6/
          26/87)
C. Fairbanks Transportation Control Program (6/1/85), except C.10.1 
          through 10.9 Fairbanks Emergency Episode Prevention Plan (6/
          26/87)
D. Total Suspended Particulate Matter (7/1/82)
E. Ice Fog (7/1/82)
F. Open Burning (10/30/83)
G. Wood Smoke Pollution Control (7/1/83)
H. Lead Pollution Control (7/1/83)

                 Section IV Point Source Control Program

A. Summary (10/30/83)
    1. Annual Review Report (10/30/83)
B. State Air Quality Regulations (10/30/83)
C. Local Programs (10/30/83)
D. Description of Source Categories And Pollutants
    1. Typical Point Sources (10/30/83)
    2. Summary of Major Emitting Facilities (10/30/83)
E. Point Source Control 1. Introduction (10/30/83)
F. Facility Review Procedures
    1. Project Review Procedures (6/02/88) Who needs a permit? (10/30/
83, 6/02/88)
    2. Standard Application Procedures (10/30/83)
    3. PSD Application Procedures (10/30/83)
    Preliminary report and meeting (10/30/83)
    Pre-construction monitoring (10/30/83) PSD application format (10/
30/83)
    4. Nonattainment Application Procedures (10/30/83)
G. Application Review and Permit Development (10/30/83)
    1. Application Review (10/30/83)
    2. Permit Development Requirements (10/30/83)
    Monitoring and Testing Requirements (10/30/83)
    Ambient Monitoring (10/30/83)
    Continuous Emissions Monitoring (10/30/83)
    Source Testing (10/30/83)
    3. Prevention of Significant Deterioration Review (10/30/83)
    Basis of Program (10/30/83)
    PSD Regulations (10/30/83)
    PSD Analysis (10/30/83)
    4. Nonattainment Area Review (10/30/83)
    5. New Source Performance Standards Source Review (10/30/83)
    6. Visibility Review (10/30/83)
    7. Sources under EPA Review (10/30/83)
H. Permit Issuance Requirements (10/30/83)

                    Section V Ambient Air Monitoring

A. Purpose (7/1/82)
B. Completed Air Monitoring Projects (7/1/82)
    1. Carbon Monoxide (7/1/82)
    2. Nitrogen Oxides (7/1/82)
    3. Sulfur Dioxide (7/1/82)
    4. Ozone (7/1/82)
    5. Total Suspended Particulates (TSP) (7/1/82)
    6. Lead (7/1/82)
C. Air Monitoring Network (7/1/82)
    1. Network Description (7/1/82)
    2. Station Designations (7/1/82)
    3. Air Quality Monitoring Procedures (7/1/82)
    4. Ambient Sampling for Specific Pollutants (7/1/82)
E. Annual Review (7/1/82)

                         Volume III. Appendices

              Section II State Air Quality Control Program

II.A. State Air Statues, except Section 46.03.170 (11/15/83)
    State Attorney General Opinions on Legal Authority--(2/29/72, 2/29/
80)
Title 18--Environmental Conservation, Chapter 50--Air Quality Control 
          (10/30/83), (6/7/87), (6/2/88)
Title 18--Environmental Conservation, Chapter 52--Emissions Inspections 
          and Maintenance Requirements for Motor Vehicles (5/19/85), 
          except
    18 AAC 52.010 (3), (3b), (3d), (3e), and (3g) (5/19/85)
    18 AAC 52.020 (1) (5/19/85)
    18 AAC 52.070 (5) (A)-(C) (5/19/85)
    18 AAC 52.900 (14) (5/19/85)
II.B. Municipality of Anchorage/Cook Inlet ADEC Agreements (11/15/83)
II.C. Fairbanks North Star Borough Ordinances, except Section 8.04.070/
          FNSB & ADEC Agreements (11/15/83)

             Section III Areawide Pollutant Control Program

III.B.3-a Anchorage Graphs of Highest and Second Highest CO readings for 
          Each Site (11/15/83)
III.B.5-a Anchorage Traffic Improvements (11/15/83)
III.B.5-b Anchorage Contingency Plan (11/15/83)

[[Page 108]]

III.B.5-c Anchorage Transit Ridership (11/15/83)
III.B.8-a Anchorage Graphs of Projected CO Concentrations for Each Site 
          (11/15/83)
III.G Ordinance of the City and Borough of Juneau (10/6/83)
III.H Support Documents for Lead Plan (11/15/83)

                 Section IV Point Source Control Program

IV.1 PSD Area Classification and Reclassifications (11/15/83)
    A. Class I Area Boundaries (11/15/83)
    B. Areas Protected from Visibility Degradation (11/15/83)
    C. Reclassification (11/15/83)
    1. Limitations on PSD Reclassification (11/15/83)
    2. PSD Reclassification Procedures (11/15/83)
IV.2 Compliance Assurance (11/15/83)
IV.3 Testing Procedures (11/15/83)

                    Section V Ambient Air Monitoring

ADEC Ambient Analysis Procedures (11/15/83)

[56 FR 19287, Apr. 26, 1991]



Sec. 52.76  1990 Base Year Emission Inventory.

    (a) EPA approves as a revision to the Alaska State Implementation 
Plan the 1990 Base Year Carbon Monoxide Emission Inventory for the 
Anchorage and Fairbanks areas designated as nonattainment for CO, 
submitted by the Alaska Department of Environmental Conservation on 
December 29, 1993. This submittal consists of the 1990 base year 
stationary, area, non-road mobile, and on-road mobile sources for the 
pollutant carbon monoxide.
    (b) EPA approves a revision to the Alaska State Implementation Plan, 
submitted on December 5, 1994, of the on-road mobile source portion of 
the 1990 Base Year Emission Inventory for Carbon Monoxide in Anchorage 
and Fairbanks.

[62 FR 6132, Feb. 11, 1997, as amended at 63 FR 50764, Sept. 23, 1998]



Secs. 52.77--52.81  [Reserved]



Sec. 52.82  Extensions.

    The Administrator, by authority delegated under section 186(a)(4) of 
the Clean Air Act, as amended in 1990, hereby extends for one year 
(until December 31, 1996) the attainment date for the MOA, Alaska CO 
nonattainment area.

[61 FR 33678, June 28, 1996]



Secs. 52.83--52.95  [Reserved]



Sec. 52.96  Significant deterioration of air quality.

    (a) The State of Alaska Department of Environmental Conservation Air 
Quality Control Regulations as in effect on June 2, 1988 (specifically 
18 AAC 50.020, 50.021, 50.300, 50.400, 50.510, 50.520, 50.530, 50.600, 
50.620, and 50.900) and the State air quality control plan as in effect 
on June 2, 1988 (specifically, Section I.B. AIR QUALITY CONTROL REGIONS, 
Section I.C. ATTAINMENT/NONATTAINMENT DESIGNATIONS, Section I.D. 
PREVENTION OF SIGNIFICANT DETERIORATION DESIGNATIONS, Section IV.F. 
FACILITY REVIEW PROCEDURES, Section IV.G APPLICATION REVIEW AND PERMIT 
DEVELOPMENT, Section IV.H PERMIT ISSUANCE REQUIREMENTS, Appendix IV.1. 
PSD area Classification and Reclassification, and Appendix V ADEC 
Ambient Analysis Procedures), are approved as meeting the requirements 
of part C for preventing significant deterioration of air quality.
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for Indian reservations since the plan does not include 
approvable procedures for preventing the significant deterioration of 
air quality on Indian reservations and, therefore, the provisions of Sec. 
52.21(a)(2) and (b) through (bb) are hereby incorporated and made part 
of the applicable reservation in the State of Alaska.

[48 FR 30626, July 5, 1983, as amended at 56 FR 19288, Apr. 26, 1991; 68 
FR 11321, Mar. 10, 2003]



                           Subpart D--Arizona



Sec. 52.111  Toll free number assignment.

    Toll free numbers shall be made available on a first-come, first-
served basis unless otherwise directed by the Commission.

[63 FR 16441, Apr. 3, 1998]

[[Page 109]]



Sec. 52.120  Identification of plan.

    (a) Title of plan: ``The State of Arizona Air Pollution Control 
Implementation Plan.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Letter of intent to revise plan submitted on March 1, 1972, by 
the Arizona State Board of Health.
    (2) Letter of intent to revise plan submitted on March 2, 1972, by 
the Governor.
    (3) Revised implementation plan submitted on May 30, 1972, by the 
Governor.
    (i) Maricopa County Bureau of Air Pollution Control.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 60 to 67.
    (4) Transportation control plan submitted on April 11, 1973, by the 
Governor.
    (5) Amendments (Non-regulatory) to the transportation control plan 
submitted on May 10, 1973, by the Governor.
    (6) Arizona Air Pollution Control Regulations (numbers in 
parentheses indicate recodification of regulations as identified in the 
Arizona State Implementation Plan Semi-Annual Report submitted to EPA on 
September 4, 1975).

7-1-1.1 (R9-3-101)  (Policy and Legal Authority)
7-1-1.3 (R9-3-103)  (Air Pollution Prohibited)
7-1-1.5 (R9-3-105)  (Enforcement)
7-1-4.3 (R9-3-403)  (Sulfur Emissions: Sulfite Pulp Mills)
7-1-4.4 (R9-3-404)  (Sulphur Emissions: Sulfuric Acid Plants)
7-1-4.5 (R9-3-405)  (Sulphur Emissions: Other Industries)
7-1-5.1 (R9-3-501)  (Storage of Volatile Organic Compounds)
7-1-5.2 (R9-3-502)  (Loading of Volatile Organic Compounds)
7-1-5.3 (R9-3-503)  (Organic Compound Emissions: Pumps and Compressors)
7-1-5.4 (R9-3-504)  (Organic Solvents)
7-1-6.1 (R9-3-601)  (Carbon Monoxide Emissions: Industrial)
7-1-7.1 (R9-3-701)  (Nitrogen Oxide Emissions: Fuel Burning 
Installations)
7-1-7.2 (R9-3-702)  (Nitrogen Oxide Emissions: Nitric Acid Plants
7-1-8.3 (R9-3-803)  (New Installations)

    Submitted on August 20, 1973.
    (7) Revised transportation control plan submitted on September 11, 
1973, by the Governor.
    (8) Letter supplementing the revised transportation control plan 
encouraging mass transit, carpooling, etc., submitted on September 21, 
1973, by the Governor.
    (9) Letter supplementing the revised transportation control plan 
encouraging mass transit, carpooling, etc., submitted on October 2, 
1973, by the Governor.
    (10) Maricopa County Air Pollution Control District Regulation III, 
Rule 31 (Particulate Matter Emissions) submitted on January 28, 1974.
    (11) Arizona Air Pollution Control Regulation 7-1-1.7 (R9-3-107) 
(Unlawful open burning) submitted on February 19, 1974.
    (12) Pima County Air Pollution Control District Regulation II, Rule 
2 (Particulate matter emissions) submitted on March 19, 1974.
    (13) Air quality maintenance area designation analysis submitted on 
April 17, 1974, by the Arizona Department of Health Services.
    (14) Arizona Air Pollution Control Regulations:

7-1-2.10 (R9-3-210)  (Emergency Episode Criteria)
7-1-4.2 (R9-3-402)  (Sulfur Emissions: Fuel Burning Installations)

    Submitted on August 30, 1974.
    (15) Arizona Air Pollution Control regulations 7-1-8.1 (R9-3-801) 
(Original State jurisdiction); 7-1-8.2 (R9-3-802) (Assertions of 
jurisdiction); 7-1-8.3 (R9-3-803) (Delegation of authority); 7-1-11.3 
(R9-3-1203) (Suspension and revocation of permits); 7-1-11.4 (R9-3-1204) 
(Permits non-transferable); 7-1-11.5 (R9-3-1205) (Posting of permits); 
7-1-11.6 (R9-3-1206) (Notice by permit agencies); 7-1-11.7 (R9-3-1207) 
(Equipment covered); 7-1-11.9 (R9-3-1209) (Permit Fees); and 7-1-1.4 
(R9-3-104) (Recordkeeping and reporting) submitted September 27, 1974.
    (16) Assertion of State Jurisdiction over Apache, Navajo, Santa Cruz 
and Yavapai Counties; Assertion of State Jurisdiction over Cochise 
County; and Assertion of State Jurisdiction over specific sources in 
Mohave County.
    Submitted on February 3, 1975.

[[Page 110]]

    (17) Amendments to the Rules and Regulations of the Pima County Air 
Pollution Control District (Regulation I: Rules 2, 4D, 4E, 4J, 8G, 16C, 
29, and 30) submitted on February 20, 1975, by the Director, Arizona 
Department of Health Services (the Governor's official representative).
    (18) Air pollution control regulations for various counties 
submitted by the Governor on July 1, 1975, as follows:
    (i) Coconino County Air Pollution Control Regulations.

12-1-1  (Legal Authority)
12-1-2  (Definitions)
12-1-3  (Air Pollution Prohibited)
12-2-2  (Operating Permits)
12-2-4  (Permit Fees)
12-2-5  (Permit Renewals)
12-2-7  (Testing of Installations)
12-2-8  (Compliance with Terms of Installation Permit)
12-2-9  (Notification of Denial of Permit)
12-2-10  (Appeals to the Hearing Board)
12-2-11  (Permits Not Transferable)
12-2-12  (Expiration of Installation Permit)
12-2-13  (Posting of Permits)
12-3-1  (Ambient Air Quality Standards)
12-3-2  (Emission Standards)
12-3-3  (Reporting of Emissions)
12-3-4  (Production of Records: Confidentiality)
12-3-5  (Monitoring Devices)
12-3-6  (Penalty for Violation)
12-4-1  (Shade, Density, or Opacity of Emissions)
12-4-2  (Dust Control)
12-4-3  (Processing of Animal or Vegetable Matter)
12-4-4  (Volatile and Odorous Materials)
12-4-5  (Storage and Handling of Petroleum Products)
12-5-1  (Permit Required)
12-5-2  (Performance Tests: Permit Tags)
12-5-3  (Emission Limitations)
12-5-4  (Authority of Other Public Agencies)
12-6-1  (Unlawful Open Burning)
12-6-2  (Exceptions Requiring no Permission)
12-6-3  (Exceptions Requiring Permission)
12-6-4  (Exceptions Under Special Circumstances)
12-7-1  (Misdemeanor: Penalty)
12-7-2  (Order of Abatement)
12-7-3  (Hearings on Orders of Abatement)
12-7-5  (Notice of Hearing; Publication; Service)
12-7-6  (Injunctive Relief)

    (A) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 12-7-2, 12-7-3, 12-7-5, and 12-7-6.
    (B) Previously approved on November 15, 1978 in paragraph (i) of 
this section and now deleted without replacement Rules 12-1-1 through 
12-1-3, 12-2-2, 12-2-4, 12-2-5, 12-2-7 through 12-2-13, 12-3-1, 12-3-3 
through 12-3-6, 12-4-1 through 12-4-5, 12-5-1 through 12-5-4, 12-6-1 
through 12-6-4, and 12-7-1.
    (ii) Mohave County Air Pollution Control Regulations.

Sec. 1, Reg. 1  (Policy and Legal Authority)
Sec. 1, Reg. 2  (Definitions)
Sec. 1, Reg. 3  (Air Pollution Prohibited)
Sec. 1, Reg. 4  (Enforcement)
Sec. 2, Reg. 1  (Shade, Density or Opacity of Emissions)
Sec. 2, Reg. 2  (Particulate Matter)
Sec. 2, Reg. 3  (Reduction of Animal or Vegetable Matter)
Sec. 2, Reg. 4  (Evaporation and Leakage)
Sec. 2, Reg. 5  (Storage Tanks)
Sec. 3, Reg. 1  (Particulate Matter from Fuel Burning Installations)
Sec. 3, Reg. 2  (Particulate Matter from Other Sources)
Sec. 3, Reg. 3 (Sulfur from Primary Copper Smelters)
Sec. 3, Reg. 4  (Ground Level Concentrations)
Sec. 3, Reg. 5  (Exceptions)
Sec. 3, Reg. 6  (Incinerators)
Sec. 4, Reg. 1 and Reg. 2  (Responsibility and Requirements of Testing)
Sec. 5, Reg. 1  (Open Fires: Prohibition and Exceptions)
Sec. 6, Reg. 1  (Sulfur Dioxide)
Sec. 6, Reg. 2  (Non-Specific Particulate)
Sec. 6, Reg. 3  (Evaluation)
Sec. 6, Reg. 4 (Anti-Degradation)
Sec. 7  (Violations)

    (A) Previously approved on November 15, 1978 in paragraph (ii) of 
this section and now deleted without replacement Rules 1-1 through 1-4, 
2-1 through 2-5, 3-1, 3-2, 3-6, 4-1, 4-2, 5-1, 6-1 through 6-4, and 7.
    (iii) Yuma County Air Pollution Control Regulations.

8-1-1.1  (Policy and Legal Authority)
8-1-1.2  (Definitions)
8-1-1.3  (Air Pollution Prohibited)
8-1-1.4  (Recordkeeping and Reporting)
8-1-1.5  (Enforcement)
8-1-1.6  (Exceptions)
8-1-2.1  (Non-Specific Particulate)
8-1-2.2  (Sulfur Dioxide)
8-1-2.3  (Non-Methane Hydrocarbons)
8-1-2.4  (Photochemical Oxidants)
8-1-2.5  (Carbon Monoxide)
8-1-2.6  (Nitrogen Dioxide)
8-1-2.7  (Evaluation)
8-1-2.10  (Emergency Episode Criteria)
8-1-3.1  (Visible Emissions; General)
8-1-3.2  (Fugitive Dust)
8-1-3.3  (Particulates--Incineration)

[[Page 111]]

8-1-3.4  (Particulates--Wood Waste Burners)
8-1-3.5  (Particulates--Fuel Burning Equipment)
8-1-3.6  (Particulates--Process Industries)
8-1-4.2  (Fuel Burning Installations)
8-1-4.3  (Sulfur Emissions--Sulfite Pulp Mills)
8-1-4.4  (Sulfur Emissions--Sulfuric Acid Plants)
8-1-4.5  (Sulfur Emissions--Other Industries)
8-1-5.1  (Storage of Volatile Organic Compounds)
8-1-5.2  (Loading of Volatile Organic Compounds)
8-1-5.3  (Pumps and Compressors)
8-1-5.4  (Organic Solvents; Other Volatile Compounds)
8-1-6.1  (CO2 Emissions--Industrial)
8-1-7.1  (NO2 Emissions--Fuel Burning Equipment)
8-1-7.2  (NO2 Emissions--Nitric Acid Plants)
8-1-8.1  (Open Burning--Prohibition)
8-1-8.2  (Open Burning--Exceptions)

    (A) Previously approved on November 15, 1978 in paragraph (iii) of 
this section and now deleted without replacement Rules 8-1-1.1, 8-1-2.7, 
8-1-2.10, 8-1-4.2 through 8-1-4.5, 8-1-5.1 through 8-1-5.4, 8-1-6.1, 8-
1-7.1, 8-1-7.2, 8-1-8.1, and 8-1-8.2.
    (iv) Pinal-Gila Counties Air Pollution Control Regulations.

7-1-1.1  (Policy and Legal Authority)
7-1-1.2  (Definitions)
7-1-1.3  (Air Pollution Prohibited)
7-1-2.2  (Permit Unit Description and Fees)
7-1-2.4  (Appeals to Hearing Board)
7-1-2.5  (Transfer: Posting: Expirations)
7-1-2.6  (Recordkeeping and Reporting)
7-1-2.7  (Enforcement)
7-1-2.8  (Exceptions)
7-1-4.1 and 7-1-4.2  (Orders of Abatement)
7-1-5.1  (Classification and Reporting: Production of Records: 
Violation: and Penalty)
7-1-5.2  (Special Inspection Warrant)
7-1-5.3  (Decisions of Hearing Boards: Subpoenas)
7-1-5.4  (Judicial Review: Grounds: Procedures)
7-1-5.5  (Notice of Hearing: Publication: Service)
7-1-5.6  (Injunctive Relief)
7-2-1.1  (Non-Specific Particulate)
7-2-1.2  (Sulfur Dioxide)
7-2-1.3  (Non-Methane Hydrocarbons)
7-2-1.4  (Photochemical Oxidants)
7-2-1.5  (Carbon Monoxide)
7-2-1.6  (Nitrogen Dioxide)
7-2-1.7  (Evalution)
7-2-1.8  (Anti-Degradation)
7-3-1.1  (Visible Emissions: General)
7-3-1.2  (Particulate Emissions--Fugitive Dust)
7-3-1.3  (Open Burning)
7-3-1.4  (Particulate Emissions--Incineration)
7-3-1.5  (Particulate Emissions--Wood-Waste Burners)
7-3-1.6  (Reduction of Animal or Vegetable Matter)
7-3-1.7  (Particulate Emissions--Fuel Burning Equipment)
7-3-1.8  (Particulate Emissions--Process Industries)
7-3-2.1 (Copper Smelters)
7-3-2.2  (SO2 Emissions--Fuel Burning Installations)
7-3-2.3  (SO2 Emissions--Sulfite Pulp Mills)
7-3-2.4  (SO2 Emissions--Sulfuric Acid Plants)
7-3-2.5  (Other Industries)
7-3-3.1  (Storage of Volatile Organic Compounds)
7-3-3.2  (Loading of Volatile Organic Compounds)
7-3-3.3  (Pumps and Compressors)
7-3-3.4  (Organic Solvents: Other Volatile Compounds)
7-3-4.1  (CO2 Emissions--Industrial)
7-3-5.1  (NO2 Emissions--Fuel Burning Equipment)
7-3-5.2  (NO2 Emissions--Nitric Acid Plants)
7-3-6.1  (Policy and Legal Authority)
    (A) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 7-1-4.1 to 7-1-4.2 and 7-1-5.1 to 7-1-5.6.
    (B) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-6.1.
    (C) Previously approved on December 17, 1979 and now deleted without 
replacement Rule 7-3-2.5.
    (D) Previously approved on November 15, 1978 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement Rules 7-
1-1.1, 7-1-1.3, 7-1-2.5, 7-1-2.6, 7-2-1.1, 7-2-1.2, 7-2-1.4, 7-2-1.5, 7-
2-1.6, 7-2-1.7, and 7-3-1.6.
    (E) Previously approved on December 17, 1979 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement Rule 7-
2-1.8.
    (F) Previously approved on November 15, 1978 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement with 
respect to Gila County only Rules 7-3-1.2, 7-3-1.3, 7-3-1.4, 7-3-1.5, 7-
3-1.7, 7-3-1.8, 7-3-2.2, 7-3-2.3, 7-3-2.4, 7-3-3.1, 7-3-3.2, 7-3-3.3, 7-
3-4.1, 7-3-5.1, and 7-3-5.2.
    (G) Previously approved on December 17, 1979 in paragraph 
(c)(18)(iv) of this section and now deleted without replacement with 
respect to Gila County only Rule 7-3-2.5.

[[Page 112]]

    (19) Arizona Air Pollution Control Regulations:

R9-3-102  (Definitions)
R9-3-108  (Test Methods and Procedures)
R9-3-301  (Visible Emissions--General)
R9-3-302  (Particulate Emissions: Fugutive Dust)
R9-3-303  (Particulate Emissions: Incineration)
R9-3-304  (Particulate Emissions: Wood Waste Burners)
R9-3-305  (Particulate Emissions: Fuel Burning Equipment)
R9-3-307  (Particulate Emissions: Portland Cement Plants)
R9-3-308 (Particulate Emissions: Heater-Planers)

    Submitted on September 16, 1975.
    (20) Arizona Air Pollution Control Regulations R9-3-505 (Gasoline 
Volatility Testing); R9-3-506 (Gasoline Volatility Standards); R9-3-1001 
(Policy and Legal Authority); R9-3-1020 (State Stations Acting as Fleet 
Inspection Stations); any Fleet Inspection Stations for State Stations); 
submitted on January 23, 1976.
    (21) Amendments to the rules and Regulations of the Pima County Air 
Pollution Control District (Regulation I:

    Rule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning 
Equipment): Rule 2G (paragraphs 1-4c, Particulate Emissions), Rule 7A 
(paragraphs 1-6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1-4, 
Nitrogen Oxide Emission); Regulation VI: Rule 1A-H, (Ambient Air Quality 
Standards); Regulation VII (paragraph A-D, Standards of Performance for 
New Stationary Sources); and Regulation VIII (paragraphs A-C, Emission 
Standards for Hazardous Air Pollutants)) submitted on September 30, 1976 
by the Director, Arizona Department of Health Services (the Governor's 
official representative).

    (22)-(23) [Reserved]
    (24) Arizona Air Pollution Control Regulations R9-3-1002 
(Definitions); R9-3-1003 (Vehicles To Be Inspected by the Mandatory 
Vehicular Emissions Inspection Program); R9-3-1004 (State Inspection 
Requirements); R9-3-1005 (Time of Inspections); R9-3-1006 (Mandatory 
Vehicular Emissions Inspection); R9-3-1007 (Evidence of Meeting State 
Inspection Requirements); R9-3-1008 (Procedure for Issuing Certificates 
of Waiver); R9-3-1010 (Low Emissions Tune Up); R9-3-1011 (Inspection 
Report); R9-3-1012 (Inspection Procedure and Fee); R9-3-1013 
(Reinspections); R9-3-1016 (Licensing of Inspectors); R9-3-1017 
(Inspection of Governmental Vehicles); R9-3-1018 (Certificate of 
Inspection); R9-3-1019 (Fleet Station Procedures and Permits); R9-3-1022 
(Procedure for Waiving Inspections Due to Technical Difficulties); R9-3-
1023 (Certificate of Exemption); R9-3-1025 (Inspection of State 
Stations); R9-3-1026 (Inspection of Fleet Stations); R9-3-1027 
(Registration of Repair Industry Analyzers); R9-3-1029 (Vehicle Emission 
Control Devices); and R9-3-1030 (Visible Emissions; Diesel-Powered 
Locomotives); submitted on February 11, 1977.
    (25) [Reserved]
    (26) Maricopa County Air Pollution Control District Regulation IV, 
rule 41, paragraph B (Continuously Monitoring and Recording Emissions) 
submitted on July 29, 1977.
    (27) The following amendments to the plan were submitted on January 
4, 1979 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) R-9-3-101, A., Nos. 2, 3, 29, 41, 53, 55, 87, 88, 89, 91, 92, 
95, 100 and 117; R9-3-301, paragraphs D, J, and N; R9-3-306, paragraphs 
D and J; and R9-3-307, paragraphs C and E.
    (B) New or amended Rules R9-3-101 (Nos. 1, 4, 6, (a, c, and d), 8, 
9, 11, 13, 17 to 26, 28, 30 to 35, 37 to 40, 43 to 45, 48, 49, 54, 57 to 
59, 61 to 73, 77 to 80, 82, 83, 86, 90, 94, 96, 98, 101, 102, 104, 105, 
107 to 115, 118 to 120, 122, to 129, and 131), R9-3-217, R9-3-218, R9-3-
219, R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-312, 
R9-3-313 (Paragraphs A.1, A.2.b, A.3, A.4, B to D.1, D.3, D.4.a to 
F.1.2.iii, F.1.b., and F.2.b. to F.4), R9-3-314 to R9-3-319, R9-3-402 to 
R9-3-404, R9-3-406, R9-3-407, R9-3-409, R9-3-410, R9-3-502 (Paragraphs 
B, C, C.2, and D to G), R9-3-503 (Paragraph A), R9-3-504 (Paragraphs B 
and C), R9-3-505 (Paragraphs A, B.1.b., B.2.b, and B.3 to D), R9-3-506 
(Paragraphs A.2, B, C.1.a to C.4), R9-3-507 (Paragraphs D to F), R9-3-
508 (Paragraphs A and C), R9-3-510 (Paragraphs B to E), R9-3-511 
(Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and C), 
R9-3-514 (Paragraphs B and C), R9-3-516 (Paragraph B), R9-3-517 
(Paragraphs B and C), R9-3-518 (Paragraphs B and C), R9-

[[Page 113]]

3-519 (Paragraphs A.2, A.3.a to A.3.c, A.3.e and B to C), R9-3-520 
(Paragraphs B and C), R9-3-521 (Paragraphs B to D), R9-3-522 (Paragraphs 
A.1 to A.5, B and C), R9-3-523 (Paragraph B), R9-3-524 (Paragraphs C, 
D.1, D.2, D.4 to G.5), R9-3-525 (Paragraphs B to D), R9-3-526, R9-3-527, 
R9-3-528 (Paragraphs B to E and F.1 to F.4), R9-3-601 to R9-3-605, R9-3-
1101, R9-3-1102, Appendix 10 (Sections A10.1.3.3, A10.1.4. and A10.2.2 
to A10.3.4.) and Appendix 11.
    (28) The following amendments to the plan were submitted on January 
18, 1979 by the Governor's designee.
    (i) Maricopa County Bureau of Air Pollution Control Rules and 
Regulations.
    (A) Rule 33, Storage and Handling of Petroleum Products.
    (B) New or amended Rules 21G and 41.
    (29) The following amendments to the plan were submitted on January 
23, 1979, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) Arizona Testing Manual for Air Pollutant Emissions (excluding 
Sections 2.0 and 5.0).
    (30) Redesignation of AQCR's in Arizona, submitted on January 26, 
1979, by the Governor.
    (31) Revisions to the Arizona Air Pollution Control Regulations 
submitted on March 21, 1979:

    R9-3-1002 (22,34); R9-3-1003 [A(A8-11),B,C]; R9-3-1005 [A, (A3)]; 
R9-3-1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table 
II]; R9-3-1008 [B,(B1,2,6,7)]; R9-3-1010 [A,(A3),C,D,F]; R9-3-1011 
[A,B,(B1,2,3)];R9-3-1012(b); R9-3-1014; R9-3-1017 [B,(B4), C, E]; R9-3-
1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c), 
D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)]; 
R9-3-(C,E); R9-3-1022(B); R9-3c-091023(A,B); R9-3-1027(F).

    (32) The following amendments to the plan were submitted on February 
23, 1979 by the Governor's designee.
    (i) Nonatainment Area Plan for Carbon Monoxide and Photochemical 
Oxidants, Maricopa County Urban Planning Area.
    (33) The Metropolitan Pima County Nonattainment Area Plan for CO was 
submitted by the Governor's designee on March 20, 1979.
    (34) The Metropolitan Pima County Nonattainment Area Plan for TSP 
was submitted by the Governor's designee on March 27, 1979.
    (35) The following amendments to the plan were submitted on April 
10, 1979, by the Governor's designee.
    (i) Yuma County Air Pollution Control District.
    (A) New or amended Rules 8-1-1.2 8-1-1.3 thru 8-1-1.6 and 8-1-1.8 
thru 8-1-1.13; 8-1-2.1 thru 8-1-2.6 and 8-1-2.8; 8-1-3.1 thru 8-1-3.6, 
8-1-3.7 (except paragraph ``F'') and 8-1-3.8 thru 8-1-3.20; and 
Appendices I and II.
    (B) Previously approved on April 12, 1982 in paragraph (i)(A) of 
this section and now deleted without replacement Rules 8-1-1.2 through 
8-1-1.6, 8-1-1.8 through 8-1-1.13, 8-1-2.1 through 8-1-2.6, 8-1-2.8, 8-
1-3.1 through 8-1-3.20, Appendix I, and Appendix II.
    (36) The following amendments to the plan were submitted on July 3, 
1979 by the Governor's designee.
    (i) Revision to the Nonattainment Area Plan for Carbon Monoxide and 
Photochemical Oxidants, Maricopa County Urban Planning Area.
    (37) The following amendments to the plan were submitted on 
September 20, 1979 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) New or amended rule R9-3-515 (Paragraphs C.1.a. to C.1.h.; C.2; 
C.3, C.3.b., C.3.c., and C.3.h.; C.4.c. to C.4.g. and C.4.i.; C.5 and 
C.5.b. to C.5.d.; C.6.b.i. to C.6.b.iii., C.6.b.vi., C.6.b.vii., and 
C.6.c.; and C.8.).
    (ii) ``ASARCO Incorporated, Hayden Copper Smelter, State 
Implementation Plan Determination of Good Engineering Practice Stack 
Height,'' September 17, 1979, issued by ADHS.
    (38) The following amendment to the plan were submitted on October 
9, 1979, by the Governor's designee.
    (i) Pima County Health Department.
    (A) New or amended Regulation 10:
    Rules 101-103; Regulation 11: Rules 111-113; Regulation 12: Rules 
121-123; Regulation 13: Rules 131-137; Regulation 14: Rules 141 and 143-
147; Regulation 15: Rule 151; Regulation 16: Rules 161-165; Regulation 
17: Rules 172-174; Regulatiotion 24: Rules 241 and 243-248; Regulation 
25: Rules 251 and 252; Regulation 30: Rules 301 and 302; Regulation 31: 
Rules 312-316 and 318; Regulation 32: Rule 321; Regulation 33: Rules 331 
and

[[Page 114]]

332; Regulation 34: Rules 341-344; Regulation 40: Rules 402 and 403; 
Regulation 41: Rules 411-413; Regulation 50: Rules 501-503 and 505-507; 
Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation 
61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules 
621-624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation 
70: Rules 701-705 and 706 (Paragraphs A to C, D.3, D.4, and E); 
Regulation 71: Rules 711-714; Regulation 72: Rules 721 and 722; 
Regulation 80: Rules 801-804; Regulation 81: Rule 811; Regulation 82: 
Rules 821-823; Regulation 90: Rules 901-904; Regulation 91: Rules 911 
(except Methods 13-A, 13-B, 14, and 15; and Rules 912, and 913; 
Regulation 92: Rules 921-924; and Regulation 93: Rules 931 and 932.
    (B) New or amended Regulation 17: Rule 171, paragraphs B.1, B.1.a, 
B.7, B.8, C.1.a, C.1.b, C.2.a, C.2.c, C.2.d, C.3.a, and E.1.b; 
Regulation 42: Rules 421, 422, 423, 424, 425, and 426; and Regulation 
50: Rule 504.
    (C) Previously approved on April 16, 1982 and now deleted without 
replacement Rules 141, 143 to 147, 702, 711 to 714.
    (39) The following amendments to the plan were submitted on November 
8, 1979 by the Governor's designee.
    (i) Nonattainment Area Plan for Total Suspended Particulates, 
Maricopa County Urban Planning Area.
    (40) [Reserved]
    (41) The following amendments to the plan were submitted on February 
15, 1980, by the Governor's designee.
    (i) 1.0 Air Quality Surveillance Network.
    (42) The Technical Basis of New Source Review Regulations, Pima 
County, Arizona, February 6, 1980 (AQ-125-a) was submitted by the 
Governor's designee on February 28, 1980.
    (43) The following amendments to the plan were submitted on April 1, 
1980 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) R9-3-101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85, 
86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9-3-301, paragraphs 
B-1, B-2, C, E, F, H, I, J, K, M, N, O, P, and Q; R9-3-302, (except 
paragraphs D, E, and I); R9-3-303; R9-3-306, paragraphs B-2, C-1, C-3, 
and C-5 to C-7, E, F, G-1, G-3, G-4, H, and I; and R9-3-307, paragraphs 
A, B, D, and F.
    (B) New or amended Rules R9-3-101 (Nos. 5, 15, 16, 42, 49, 51, 55, 
94, 101, 103, 106, 126, 127, and 133), R9-3-201 (paragraph D.2), R9-3-
202 (Paragraph D.2), R9-3-203 (Paragraph D.2), R9-3-204 (Paragraph C.2), 
R9-3-205 (Paragraph C.2), R9-3-206 (Paragraph C.2), R9-3-207 (Paragraph 
C.2), R9-3-313 (Paragraph F.1.a.i and ii), R9-3-401, R9-3-405, R9-3-408, 
R9-3-501 (Paragraph A to C), R9-3-502 (Paragraph A to A.4), R9-3-503 
(Paragraphs B, C.1,C.2.a. to C.2.f., C.4 and C.5), R9-3-504 (Paragraph 
A.1 to A.4), R9-3-508 (Paragraph B.1 to B.6), R9-3-510 (Paragraph A.1 
and A.2), R9-3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to 
A.5), R9-3-513 (Paragraph A.1 to A.5), R9-3-514 (Paragraph A.2), R9-3-
516 (Paragraph A.1 to A.6), R9-3-517 (Paragraph A.1 to A.5), R9-3-518 
(Paragraph A.1 to A.5), R9-3-520 (Paragraph A.1 to A.6), R9-3-521 
(Paragraph A.1 to A.5), and Appendices 1 and 2.
    (ii) Arizona Lead SIP Revision.
    (44) The following amendments to the plan were submitted on June 23, 
1980 by the Governor's designee.
    (i) Maricopa County Bureau of Air Pollution Control Rules and 
Regulations.
    (A) Rule 34, Organic Solvents.
    (B) New or amended Rules 2 (except #49 and 57), 3, 24, 25, 25, 26, 
27, 30, 31(A), (B), and (H), 32, (G), (H), (J), and (K), 40, 70-72, and 
74 and deletion of ``ee''.
    (45) The following amendments to the plan were submitted on July 17, 
1980 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) R-9-3-101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98, 
99, 100, 113, 119, 120, and 124; R9-3-301, paragraphs A, B-3, G, I, J, 
K, L, M, N, O, P, Q, and R; R9-3-306, paragraphs A, B-1, B-3, B-4, C-2, 
C-4, and G-2; and R9-3-320, paragraphs B and C.
    (B) New or amended Rules R9-3-101 (Nos. 6(b), 10, 12, 14, 36, 50, 
55, 77, 84, and 92), R9-3-311 (Paragraph B), R9-3-313 (Paragraphs 
A.2.a., D.2, D.4, F.1.C, and F.2.a.), R9-3-320 (Paragraph A), R9-3-502 
(Paragraph C.1), R9-3-503 (Paragraph C, C.2, C.2.g. and C.3), R9-3-504 
(Paragraph A), R9-3-505 (Paragraph B.1.a, B.2.a), R9-3-506 (Paragraph A 
to

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A.1), R9-3-507 (Paragraphs A to C), R9-3-508 (Paragraph B), R9-3-509, 
R9-3-510 (Paragraph A), R9-3-511 (Paragraph A), R9-3-512 (Paragraph A), 
R9-3-513 (Paragraph A), R9-3-514 (Paragraphs A to A.1), R9-3-516 
(Paragraph A), R9-3-517 (Paragraph A), R9-3-518 (Paragraph A), R9-3-519 
(Paragraph A to A.1, A.3, and A.3.d), R9-3-520 (Paragraph A), R9-3-521 
(Paragraph A), R9-3-522 (Paragraph A), R9-3-523 (Paragraph A), R9-3-524 
(Paragraphs A, B, D, and D.3), R9-3-525 (Paragraph A), R9-3-528 
(Paragraphs A and F.5), Section 3, Method 11; Section 3.16, Method 16; 
Section 3.19, Method 19; Section 3.20, Method 20; and Appendix 10 
(Sections A10.2 and A10.2.1).
    (C) New or amended Rule R9-3-515 (Paragraphs A; and C.6, C.6.b, and 
C.6.b.v.).
    (46) The following amendments to the plan were submitted on August 
7, 1980, by the Governor's designee.
    (i) Pinal-Gila Counties Air Quality Control District.
    (A) New or amended Rules 7-1-1.2, 7-1-1.3(C), 7-3-1.1, 7-3-1.4(C), 
7-3-1.7(F), and 7-3-3.4.
    (B) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) 
of this section and now deleted without replacement Rules 7-1-1.2 and 7-
1-1.3(C).
    (C) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) 
of this section and now deleted without replacement with respect to Gila 
County only Rules 7-3-1.1, 7-3-1.4(C), 7-3-1.7(F), and 7-3-3.4.
    (D) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) 
of this section and now deleted without replacement with respect to 
Pinal County only Rule 7-3-3.4.
    (47) The following amendments to the plan were submitted on 
September 10, 1980, by the Governor's designee.
    (i) Arizona State Rules and Regulations and Air Pollution Control.
    (A) New or amended Rules R9-3-101 (Nos. 24, 55, 102, and 115 (25-54, 
56-101, 103-114, and 116-140 are renumbered only), R9-3-201 (Paragraphs 
A to D.1 and E), R9-3-202 (Paragraphs A to D.1 and E), R9-3-203 
(Paragraphs A to D.1 and E), R9-3-204 (Paragraphs A to C.1 and D), R9-3-
205 (Paragraphs A to C.1 and D), R9-3-206 (Paragraphs A to C.1 and D), 
R9-3-207 (Paragraphs A to C.1 and D), and R9-3-216.
    (48) Arizona Lead SIP Revision submitted by the State on September 
26, 1980.
    (49) The following amendments to the plan were submitted on July 13, 
1981 by the Governor's designee.
    (i) Arizona Revised Statute Sec. 36-1718.
    (50) The following amendments to the plan were submitted on July 13, 
1981, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) New or amended Rules R9-3-310 (Paragraphs A and B), R9-3-501 
(Paragraph D), R9-3-503 (Paragraph C.6), R9-3-506 (Paragraph C to C.1), 
and Appendix 10 (Sections A10.1-A10.1.3.2).
    (B) New or amended Rule R9-3-515 (Paragraph C.4.a. and C.4.b.).
    (ii) Arizona Revised Statutes.
    (A) Arizona County: Chapter 6, Article 8. Air Pollution, Sections 
36-770 to 36-778, 36-779 to 36-779.07, 36-780, 36-780.01, 36-781 to 36-
783, 36-784 to 36-784.04, 36-785, 36-785.01, 36-786 to 36-788, 36-789 to 
36-789.02, 36-790, and 36-791.
    (B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air 
Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-
1707 to 36-1707.06, 36-1708, 36-1720.02, and 36-1751 to 36-1753.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Statutes 36-781, 36-782, 36-784, 36-784.01 to 36-784.04, 36-
785, 36-785.01, and 36-786 to 36-788.
    (51) The following amendments to the plan were submitted on June 1, 
1981, by the Governor's designee.
    (i) Pima County Health Department.
    (A) New or amended Regulation 14: Rule 142; Regulation 20: Rule 204; 
Regulation 24: Rule 242; Regulation 26: Rule 261; Regulation 50: Rule 
504; Regulation 61: Rule 611 (Paragraph A); Regulation 70: Rule 706 
(Paragraphs D.1 and D.2); and Regulation 91: Rule 911 (Methods 19 and 
20).
    (B) Previously approved on April 16, 1982 and now deleted without 
replacement Rule 142.
    (52) The following amendments to the plan were submitted on August 
5, 1981, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.

[[Page 116]]

    (A) New or amended Rules R9-3-1002, R9-3-1003, R9-3-1005, R9-3-1006, 
R9-3-1008, R9-3-1010 to R9-3-1014, R9-3-1016, R9-3-1019, R9-3-1023, R9-
3-1025, R9-3-1027, and R9-3-1030.
    (ii) Arizona Revised Statutes.
    (A) Inspection and Maintenance--Chapter 14, Article 3. Annual 
Emissions Inspection of Motor Vehicles, Sections 36-1771 to 36-1775, 36-
1708.01, 36-1709 to 36-1711, 36-1712 to 36-1712.04, 36-1713, 36-1713.01, 
36-1714 to 36-1717, 36-1718, 36-1718.01, 36-1719, 36-1720, and 36-1776 
to 36-1780.
    (B) Previously approved on June 18, 1982 and now deleted without 
replacement Statutes 36-1709 to 36-1712, 36-1712.01 to 36-1712.04, 36-
1713, 36-1713.01, and 36-1714 to 36-1716.
    (53) The following amendments to the plan were submitted on March 8, 
1982, by the Governor's designee.
    (i) Maricopa County Bureau of Air Pollution Control Rules and 
Regulations.
    (A) Rules 2 (Nos. 11 and 33, and deletion of Nos. 18, 49, 50, 52, 
and 54), 28 and 33.
    (ii) The Improvement Schedules for Transit System and Rideshare 
Program in Metropolitan Pima County.
    (54) The following amendments to the plan were submitted on June 3, 
1982 by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) New or amended Rule R9-3-515 Paragraphs C to C.1. and C.1.i.; 
C.3.a. and C.3.d. to C.3.g.; C.4. and C.4.h.; C.5.a.; C.6.a. and 
C.6.b.iv.; and C.9.).
    (B) New or amended rules R9-3-101 (Nos. 3, 7, 8, 17, 18, 19, 20, 21, 
29, 34, 35, 37, 56, 61, 62, 63, 68, 69, 75, 77, 78, 79, 88, 89, 90, 91, 
98, 99, 101, 117, 122, 129, 133, 136, 146, and 157; 53 and 123 are 
deleted); R9-3-217; R9-3-301; R9-3-304; R9-3-305; R9-3-306 (paragraph A 
only); R9-3-320 (Repealed and Reserved); R9-3-1101 (paragraphs A, C, and 
D); Appendix 1; and Appendix 2.
    (C) New or amended rules R9-3-101 (Nos. 4 to 6, 9 to 16, 22 to 28, 
30 to 33, 36, 38 to 55, 57 to 60, 64 to 67, 70 to 74, 76, 80 to 87, 92 
to 97, 100, 102 to 116, 118 to 121, 123 to 128, 130 to 132, 134, 135, 
137 to 141, 142 to 145, 147 to 156, and 158 are renumbered only); R9-3-
219; R9-3-502 (paragraph A to A.1 and A.2); R9-3-505 (paragraph B to 
B.1, B.2, B.3, and B.4); R9-3-508 (paragraph B to B.1, B.2, and B.5); 
R9-3-511 (paragraph A to A.1 and A.2); R9-3-513 (paragraph A to A.1 and 
A.2); R9-3-516 (paragraph A to A.1 and A.2); R9-3-517 (paragraph A to 
A.1); R9-3-518 (paragraph A to A.1 and A.2); R9-3-520 (paragraph A to 
A.1 and A.2); R9-3-521 (paragraph A to A.1 and A.2); R9-3-522 (paragraph 
A to A.1 and A.2); and Appendix 8 (Sections A8.3.1 and A8.3.2).
    (D) New or amended rules R9-3-302 (paragraphs A-H); and R9-3-303 
(paragraphs A to C and E to I), adopted on May 26, 1982.
    (E) Previously approved and now removed (without replacement) rule 
R9-3-101, No. 46.
    (55) The following amendments to the plan were submitted by the 
Governor's designee on March 4, 1983.
    (i) Incorporation by reference.
    (A) Maricopa County Health Department, Bureau of Air Quality 
Control.
    (1) New or amended rule 21.0:A-C, D.1.a-d, and E adopted on October 
25, 1982.
    (56) The following amendments to the plan were submitted on February 
3, 1984, by the Governor's designee.
    (i) Arizona State Rules and Regulations for Air Pollution Control.
    (A) New or amended rules R9-3-101 (No.'s 98 and 158), R9-3-201 to 
R9-3-207, R9-3-215, R9-3-218, R9-3-310, R9-3-322, R9-3-402, R9-3-404, 
R9-3-502, R9-3-515 (paragraph (c)), R9-3-529, R9-3-1101, and Appendices 
I and II.
    (B) New or amended rules R9-3-101, Nos. 135 and 157, adopted on 
September 19, 1983.
    (57) The following amendments to the plan were submitted by the 
Governor's designee on April 17, 1985.
    (i) Incorporation by reference.
    (A) Maricopa County Health Department, Bureau of Air Quality 
Control.
    (1) New or amended regulations: rule 21.0: D.1., D.1.e, f, and g 
adopted on July 9, 1984.
    (58) The following amendments to the plan were submitted by the 
Governor's designee on October 18, 1985.
    (i) Incorporation by reference.
    (A) Pima County Health Department.
    (1) New or amended regulations: Regulation 16: Rule 166; Regulation 
17; Rules 171 and 175; Regulation 20: Rule 202; Regulation 37: Rules 
371, 372, 373, Figure 371-A, Figure 371-C, and Figure

[[Page 117]]

372; and Regulation 38, Rule 381, A1, 2, 3, 4, 5, and B, adopted on 
December 6, 1983.
    (59) The following amendments to the plan were submitted by the 
Governor's designee on October 24, 1985.
    (i) Incorporation by reference.
    (A) Arizona Department of Health Services.
    (1) New or amended rule R9-3-303, adopted on September 28, 1984.
    (60) The following amendments to the plan were submitted by the 
Governor's designee on October 5, 1987.
    (i) Incorporation by reference.
    (A) Arizona Department of Health Services.
    (1) New or amended rules R9-3-1001 (Nos. 8, 25, 33, 34, 38, 39, 40, 
and 43, No. 8), R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1009, 
R9-3-1010, R9-3-1011, R9-3-1013, R9-3-1016, R9-3-1018, R9-3-1019, R9-3-
1025, R9-3-1026, R9-3-1027, R9-3-1028, R9-3-1030, and R9-3-1031, adopted 
on December 23, 1986.
    (2) Previously approved and now removed (without replacement), Rule 
R9-3-1014.
    (B) The Maricopa Association of Governments (MAG) 1987 Carbon 
Monoxide (CO) Plan for the Maricopa County Area, MAC CO Plan Commitments 
for Implementation, and Appendix A through E, Exhibit 4, Exhibit D, 
adopted on July 10, 1987.
    (61) The following amendments to the plan were submitted by the 
Governor's designee on January 6, 1988.
    (i) Incorporation by reference.
    (A) The 1987 Carbon Monoxide State Implementation Plan Revision for 
the Tucson Air Planning Area adopted on October 21, 1987.
    (62) The following amendments to the plan were submitted by the 
Governor's designee on March 23, 1988.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) Senate Bill 1360: Section 6: ARS 15-1444-C (added), Section 7: 
QRS 15-1627-F (added), Section 21: ARS 49- 542-A (amended, Section 21: 
ARS 49-542-E (added), Section 21: ARS 49-542-J.3.(b) (amended), and 
Section 23: ARS 49-550-E (added), adopted on May 22, 1987.
    (2) Senate Bill 1360: Section 2: ARS 9-500.03 (added), Section 14: 
ARS 41-796.01 (added); Section 17: 49-454 (added), Section 18: 49-474.01 
(added), and Section 25: ARS 49-571 (added), adopted on May 22, 1987.
    (63) The following amendments to the plan were submitted by the 
governor's designee on May 26, 1988:
    (i) Incorporation by reference.
    (A) Travel reduction ordinances for Pima County: Inter governmental 
Agreement (IGA) between Pima County, City of Tucson, City of South 
Tucson, Town of Oro Valley and Town of Marana, April 18, 1988; Pima 
County Ordinance No. 1988-72, City of Tucson ordinance No. 6914, City of 
South Tucson Resolutions No. 88-01, 88-05, Town of Oro Valley 
Resolutions No. 162, 326 and 327, Town of Marana Resolutions No. 88-06, 
88-07 and Ordinance No. 88.06.
    (64) The following amendments to the plan were submitted by the 
Governor's designee on June 1, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Arizona Department of Environmental Quality, 
dated June 1, 1988, committing to administer the provisions of the 
Federal New Source Review regulations consistent with EPA's 
requirements. The commitments apply to the issuance of, or revision to, 
permits for any source which is a major stationary source or major 
modification as defined in 40 Code of Federal Regulations, part 51, 
subpart I.
    (65) The following amendments to the plan were submitted by the 
Governor's designee on July 18, 1988.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) House Bill 2206, Section 2: ARS 15-1627 (amended); Section 6: 
Title 28, ARS Chapter 22, Article 1, ARS 28-2701, ARS 28-2702, ARS 28-
2703, ARS 28-2704, and ARS 28-2705 (added); Section 7: ARS 41.101.03 
(amended); Section 9: ARS 41-2605 (amended); Section 10: ARS 41-2066 
(amended); Section 11: ARS 41-2083 (amended); Section 13: Title 41, 
Chapter 15, Article 6, ARS 41-2121: Nos. 1, 3, 4, 5, 6, 7, 8, and 9, ARS 
41-2122, ARS 41-2123, ARS 41-2124 (added); Section 15: Title 49, Chapter 
3, Article 1, ARS 49-403 to 49-406 (added); Section 17: Title 49, 
Chapter 3, Article 3, ARS 49-506 (added); Section 18; ARS 49-542 
(amended); Section 19: ARS 49-550 (amended); Section 20: ARS 49-551 
(amended); Section 21: Title 49, Chapter 3, Article 5, ARS 49-553 
(added), Section 22: ARS 49-571 (amended); Section 23: Title 49,

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Chapter 3, Article 8, ARS 49-581, ARS 49-582, ARS 49-583, ARS 49-584, 
ARS 49-585; ARS 49-586, ARS 49-588, ARS 49-590, and ARS 49-593 (added); 
Section 25: Definition of major employer, Section 27: Appropriations; 
Section 29: Delayed effective dates, adopted on June 28, 1988.
    (2) House Bill 2206 section 6 which added, under Arizona Revised 
Statutes, title 28, chapter 22, new sections 28-2701 through 28-2708, 
and section 13 which added, under Arizona Revised Statutes, title 41, 
chapter 15, Article 6 new sections 41-2125A and 41-2125B. (Oxygenated 
fuels program for Pima County.)
    (66) The following amendments to the plan were submitted by the 
Governor's designee on July 22, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Pima County Health Department, Office of 
Environmental Quality, dated April 24, 1988 committing to administer the 
New Source Review provisions of their regulations consistent with EPA's 
requirements. The commitments apply to the issuance of, or revision to, 
permits for any source which is a major stationary source of major 
modification as defined in 40 Code of Federal Regulations, part 51, 
subpart I.
    (B) Letter from Maricopa County Department of Health Services, 
Division of Public Health, dated April 28, 1988 and submitted to EPA by 
the Arizona Department of Environmental Quality July 25, 1988, 
committing to administer the New Source Review provisions of their 
regulations, consistent with EPA's requirements. These commitments apply 
to the issuance of, or revision to, permits for any source which is a 
major stationary source or major modification as defined in the Code of 
Federal Regulations, part 51, subpart I.
    (C) Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa 
County Nonattainment Area, July 21, 1988 (supplemental information 
related to the SIP revision of July 18, 1988).
    (D) Commitment in the July 22, 1988 submittal letter to apply the 
oxygenated fuels program of the July 18, 1988 submittal to Pima County.
    (67) Regulations for the Maricopa County Bureau of Air Pollution 
Control were submitted on January 4, 1990 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Amended regulations: Regulation II, rule 220 and Regulation III, 
rule 335, both adopted July 13, 1988.
    (B) Amended Maricopa County Division of Air Pollution Control Rule 
314, adopted July 13, 1988.
    (C) Amended Regulation VI, Rule 600, revised on July 13, 1988.
    (D) Rules 312 and 314, adopted on July 13, 1998.
    (68) The following amendments to the plan were submitted by the 
Governor's designee on June 11, 1991.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) House Bill 2181 (approved, May 21, 1991), section 1: Arizona 
Revised Statute (A.R.S.) 41-2065 (amended); section 2: A.R.S. 41-2083 
(amended); section 3: A.R.S. section 41-2122 (amended); section 4: 
A.R.S. Section 41-2123 (amended); and section 5: A.R.S. section 41-2124 
(repealed).
    (69) The following amendment to the plan was submitted by the 
Governor's designee on May 27, 1994.
    (i) Incorporation by reference.
    (A) Maricopa County Bureau of Air Pollution Control stage II vapor 
recovery program, adopted on August 27, 1993.
    (70) New and amended regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on June 29, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) New Rules 337, 350, and 351, adopted on April 6, 1992.
    (71) New and amended regulations for the following agencies were 
submitted on August 15, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Pinal County Air Quality Control District.
    (1) Chapter 1, Article 3, section 1-3-140, subsections 5, 15, 21, 
32, 33, 35, 50, 51, 58, 59, 103, and 123, adopted on November 3, 1993; 
Chapter 3, Article 1, section 3-1-081(A)(8)(a), adopted on November 3, 
1993; Chapter 3, Article 1, section 3-1-084, adopted on August 11, 1994; 
and Chapter 3, Article 1, section 3-1-107, adopted on November 3, 1993.
    (72) New and amended plans and regulations for the following 
agencies were

[[Page 119]]

submitted on November 13, 1992 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on November 13, 1992.
    (B) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rule 340, adopted on September 21, 1992.
    (73)  [Reserved]
    (74) Plan revisions were submitted by the Governor's designee on 
March 3, 1994.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department new Rule 316, 
adopted July 6, 1993, and revised Rule 311, adopted August 2, 1993. 
Note: These rules are restored as elements of the State of Arizona Air 
Pollution Control Implementation Plan effective September 3, 1997.
    (B) [Reserved]
    (75) Program elements submitted on November 14, 1994, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Basic and Enhanced Inspection and Maintenance Vehicle Emissions 
Program. Adopted on September 15, 1994.
    (76) Program elements were submitted on February 1, 1995 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on February 1, 1995.
    (77) Amended regulations for the following agency were submitted on 
December 19, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 334, adopted on September 20, 1994.
    (78) New and amended regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on February 4, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) New Rule 352, adopted on November 16, 1992.
    (B) [Reserved]
    (C) Rule 339, adopted on November 16, 1992.
    (79) New and amended regulations for the following agencies were 
submitted on June 29, 1992 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rule 353, adopted on April 6, 1992.
    (80) New and amended regulations for the following agencies were 
submitted on August 10, 1992 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Quality and Community Services 
Agency.
    (1) Rules 331 and 333, adopted on June 22, 1992.
    (81) Amended regulation for the following agency was submitted on 
August 16, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 341, adopted on August 5, 1994.
    (82) New and amended rules and regulations for the Maricopa County 
Environmental Services Department--Air Pollution Control were submitted 
on August 31, 1995, by the Governor's designee.
    (i) Incorporated by reference.
    (A) Rule 343, adopted on February 15, 1995.
    (B) [Reserved]
    (C) Rule 351, revised on February 15, 1995.
    (D) Rule 318 and Residential Woodburning Restriction Ordinance, 
adopted on October 5, 1994.
    (E) Maricopa County.
    (1) Ordinance P-7, Maricopa County Trip Reduction Ordinance, adopted 
May 26, 1994.

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    (83) New and revised rules and regulations for the Maricopa County 
Environmental Services Department-Air Pollution Control were submitted 
on February 26, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Rules 331, 333, and 334, revised on June 19, 1996, and Rule 338, 
adopted on June 19, 1996.
    (B) Rule 336, adopted on July 13, 1988 and revised on June 19, 1996.
    (84) Amended regulations for the Pinal County Air Quality Control 
District were submitted on November 27, 1995, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Rules 1-1-020, 1-1-030, 1-1-040, 1-1-060, 1-1-070, 1-1-080, 1-1-
100, 1-2-110, 2-1-010, 2-1-020, 2-1-030, 2-1-040, 2-1-050, 2-1-060, 2-1-
070, 2-2-080, 2-2-090, 2-3-100, 2-3-110, 2-4-120, 2-4-130, 2-4-140, 2-4-
150, 2-5-170, 2-5-210, 2-6-220, 2-7-230, 2-7-240, 2-7-250, 2-7-260, 2-7-
270, 3-1-020, 3-1-132, adopted on June 29, 1993.
    (B) Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 3-1-065, 3-1-
070, 3-1-082, 3-1-085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 3-1-110, 3-1-
120, 3-1-140, 3-1-150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 3-1-177, 3-2-
180, 3-2-185, 3-2-190, 3-2-195, 3-3-200, 3-3-203, 3-3-205, 3-3-260, 3-3-
270, 3-3-275, 3-3-280, adopted on November 3, 1993.
    (C) Rules 1-1-010, 1-1-106, 2-5-190, 2-5-200, 3-1-042, 3-1-060, 3-1-
081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 3-3-
250, adopted on February 22, 1995.
    (D) Rules 1-3-130, 1-3-140, 2-5-160, 2-5-180, 3-1-040, 3-1-050, 
adopted on October 12, 1995.
    (E) Rules 5-22-950, 5-22-960, and 5-24-1045 codified on February 22, 
1995.
    (F) Amendments to Rules 5-18-740, 5-19-800, and 5-24-1055 adopted on 
February 22, 1995.
    (G) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(A) 
of this section and now deleted without replacement, Rule 3-1-020.
    (H) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(D) 
of this section and now deleted without replacement, Rule 1-3-130.
    (85) New and revised rules and regulations for the Maricopa County 
Environmental Services Department-Air Pollution Countrol were submitted 
on March 4, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Rule 337, revised on November 20, 1996, and Rules 342 and 346, 
adopted on November 20, 1996.
    (86) [Reserved]
    (87) New and amended fuel regulations for the following Arizona 
Department of Environmental Quality plan revisions were submitted on 
April 29, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) Section 13 of H.B, 2001 (A.R.S. Sec. 41-2083(E)), adopted on 
November 12, 1993.
    (88) Plan revisions were submitted on May 7, 1997 by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 310, adopted September 20, 1994.
    (2) Resolution To Improve the Administration of Maricopa County's 
Fugitive Dust Program and to Foster Interagency Cooperation, adopted May 
14, 1997.
    (B) The City of Phoenix, Arizona.
    (1) A Resolution of the Phoenix City Council Stating the City's 
Intent to Work Cooperatively with Maricopa County to Control the 
Generation of Fugitive Dust Pollution, adopted April 9, 1997.
    (C) The City of Tempe, Arizona.
    (1) A Resolution of the Council of the City of Tempe, Arizona, 
Stating Its Intent to Work Cooperatively with Maricopa County to Control 
the Generation of Fugitive Dust Pollution, adopted March 27, 1997.
    (D) The Town of Gilbert, Arizona.
    (1) A Resolution of the Mayor and the Common Council of the Town of 
Gilbert, Maricopa County, Arizona, Providing for the Town's Intent to 
Work Cooperatively with Maricopa County, Arizona, to Control the 
Generation of Fugitive Dust Pollution, adopted April 15, 1997.
    (E) The City of Chandler, Arizona.
    (1) A Resolution of the City Council of the City of Chandler, 
Arizona, Stating the City's Intent to Work Cooperatively with Maricopa 
County to Control the Generation of Fugitive Dust Pollution, adopted 
March 27, 1997.
    (F) The City of Glendale, Arizona.

[[Page 121]]

    (1) A Resolution of the Council of the City of Chandler, Maricopa 
County, Arizona, Stating Its Intent to Work Cooperatively with Maricopa 
County to Control the Generation of Fugitive Dust Pollution, adopted 
March 25, 1997.
    (G) The City of Scottsdale, Arizona.
    (1) A Resolution of the Scottsdale City Council Stating the City's 
Intent to Work Cooperatively with Maricopa County to Control the 
Generation of Fugitive Dust Pollution, adopted March 31, 1997.
    (H) The City of Mesa, Arizona.
    (1) A Resolution of the Mesa City Council Stating the City's Intent 
to Work Cooperatively with Maricopa County to Control the Generation of 
Particulate Air Pollution and Directing City Staff to Develop a 
Particulate Pollution Control Ordinance Supported by Adequate Staffing 
Levels to Address Air Quality, adopted April 23, 1997.
    (89) Plan revisions were submitted on September 12, 1997 by the 
Governer's designee.
    (i) Incorporation by reference
    (A) Arizona Cleaner Burning Gasoline Interim rule submitted as a 
revision to the Maricopa Country Ozone Nonattainment Area Plan, adopted 
on September 12, 1997.
    (90) Plan revisions were submitted on January 21, 1998 by the 
Governer's designee.
    (i) Incorporation by reference.
    (A) Arizona Cleaner Burning Gasoline Interim rule submitted as a 
revision to the PM-10 Maricopa County State Implementation Plan, adopted 
on September 12, 1997.
    (91) The following amendments to the plan were submitted on October 
6, 1997 by the Governor's designee.
    (A) Arizona Revised Statutes.
    (i) Incorporation by reference.
    (1) Senate Bill 1002, Sections 26, 27 and 28: ARS 41-2083 (amended), 
41-2122 (amended), 41-2125 (amended), adopted on July 18, 1996.
    (92) Plan revisions were submitted on March 3, 1995, by the 
Governor's designee.
    (A) Arizona State Administrative Code Title 18, Chapter 2, Article 
14, adopted on December 23, 1994.
    (93) Plan revisions were submitted on September 4, 1998 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Revised Statute 49-457.
    (94) New and amended rules and regulations for the Maricopa County 
Environmental Services Department-Air Pollution Control were submitted 
on August 4, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Rule 336, adopted on July 13, 1988 and revised on April 7, 1999 
and Rule 348, adopted on April 7, 1999.
    (B) Rule 318 and Residential Woodburning Restriction Ordinance, 
revised on April 21, 1999.
    (C) Rule 347, adopted on March 4, 1998.
    (D) Rule 316, adopted on April 21, 1999.
    (E) Rule 344, adopted on April 7, 1999.
    (F) Rule 349, adopted on April 7, 1999.
    (G) Rule 331, revised on April 7, 1999.
    (95) The following amendments to the plan were submitted on August 
11, 1998 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) Senate Bill 1427, Section 14: ARS 49-401.01 (amended) and 
Section 15: 49-406 (amended), approved on May 29, 1998.
    (96) The following amendments to the plan were submitted on 
September 1, 1999 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section 2: 
49-541.01 (amended); Section 3: 49-542 (amended); Section 4: 49-545 
(amended); Section 5: 49-557 (amended); Section 6: 49-573 (amended); 
Section 7: 41-803 (amended) and Section 8: 41-401.01 (amended), adopted 
on May 18, 1999.
    (2) House Bill 2189, Section 3: ARS 41-796.01 (amended); Section 9: 
41-2121 (amended); Section 40: 49-401.01 (amended), Section 41: 49-402 
(amended); Section 42: 49-404 (amended): Section 43:49-454 (amended); 
Section 44: 49-541 (amended); and Section 46: 49-571 (amended), adopted 
on May 18, 1999
    (97) New and amended rules for the Arizona Department of 
Environmental Quality were submitted on March 26, 2001, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Rules R18-2-310 and R18-2-310.01 effective on February 15, 2001.

[[Page 122]]

    (98) Plan revisions were submitted on July 11, 2000 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Administrative Code R18-2-610 and R18-2-611 effective 
May 12, 2000.
    (99) Plan revisions submitted on January 28, 2000 by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Maricopa County, Arizona.
    (1) Residential Woodburning Restriction Ordinance adopted on 
November 17, 1999.
    (100) Plan revisions submitted on February 16, 2000 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa Association of Governments, Maricopa County, Arizona.
    (1) Resolution to Adopt the Revised MAG 1999 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Nonattainment Area 
(including Exhibit A, 2 pages), adopted on February 14, 2000.
    (B) City of Avondale, Arizona.
    (1) Resolution No. 1711-97; A Resolution of the City Council of the 
City of Avondale, Maricopa County, Arizona, To Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious 
Area Carbon Monoxide Plan for the Maricopa County Area (including 
Exhibit A, 14 pages), adopted on September 15, 1997.
    (2) Resolution No. 1949-99; A Resolution of the Council of the City 
of Avondale, Maricopa County, Arizona, Implementing Measures in the MAG 
1998 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 7 pages), adopted on February 16, 1999.
    (C) Town of Buckeye, Arizona.
    (1) Resolution No. 15-97; A Resolution of the Town Council of the 
Town of Buckeye, Maricopa County, Arizona, To Implement Measures in the 
MAG 1997 Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 5 pages), adopted on October 7, 1997.
    (D) Town of Carefree, Arizona.
    (1) Town of Carefree Resolution No. 97-16; A Resolution of the Mayor 
and Common Council of the Town of Carefree, Arizona, To Implement 
Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 
1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 3 pages), adopted on September 2, 1997.
    (2) Town of Carefree Resolution No. 98-24; A Resolution of the Mayor 
and Common Council of the Town of Carefree, Arizona, To Implement 
Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the 
Maricopa County Area (including Exhibit A, 4 pages), adopted on 
September 1, 1998.
    (3) Town of Carefree Ordinance No. 98-14; An Ordinance of the Town 
of Carefree, Maricopa County, Arizona, Adding Section 10-4 to the Town 
Code Relating to Clean-Burning Fireplaces, Providing Penalties for 
Violations (3 pages), adopted on September 1, 1998.
    (E) Town of Cave Creek, Arizona.
    (1) Resolution R97-28; A Resolution of the Mayor and Town Council of 
the Town of Cave Creek, Maricopa County, Arizona, Implementing Measures 
in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 
Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 4 pages), adopted on September 2, 1997.
    (2) Resolution R98-14; A Resolution of the Mayor and Town Council of 
the Town of Cave Creek, Maricopa County, Arizona, To Implement Measures 
in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa 
County Area (including Exhibit A, 1 page), adopted on December 8, 1998.
    (F) City of Chandler, Arizona.
    (1) Resolution No. 2672; A Resolution of the City Council of the 
City of Chandler, Arizona To Implement Measures in the MAG 1997 Serious 
Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon 
Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 
pages), adopted on August 14, 1997.
    (2) Resolution No. 2929; A Resolution of the City Council of the 
City of Chandler, Arizona, To Implement Measures in the MAG 1998 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 9 pages), adopted on October 8, 1998.
    (G) City of El Mirage, Arizona.

[[Page 123]]

    (1) Resolution No. R97-08-20; Resolution To Implement Measures in 
the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 
Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 8 pages), adopted on August 28, 1997.
    (2) Resolution No. R98-08-22; A Resolution of the Mayor and Common 
Council of the City of El Mirage, Arizona, Amending Resolution No. R98-
02-04 To Implement Measures in the MAG 1997 Serious Area Particulate 
Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 
pages), adopted on August 27,1998.
    (3) Resolution No. R98-02-04; A Resolution To Implement Measures in 
the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa 
County Area (including Exhibit A, 5 pages), adopted on February 12,1998.
    (H) Town of Fountain Hills, Arizona.
    (1) Resolution No. 1997-49; A Resolution of the Common Council of 
the Town of Fountain Hills, Arizona, Adopting the MAG 1997 Particulate 
Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the 
Maricopa County Area and Committing to Certain Implementation Programs 
(including Exhibit B, 5 pages and cover), adopted on October 2, 1997.
    (2) Town of Fountain Hills Resolution No. 1998-49; Resolution To 
Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-
10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted 
on October 1, 1998. [Incorporation Note: Incorporated materials are 
pages 4 to 10 of the 11-page resolution package; pages 1 and 2 are cover 
sheets with no substantive content and page 11 is a summary of measures 
previously adopted by the Town of Fountain Hills.]
    (I) Town of Gilbert, Arizona.
    (1) Resolution No. 1817; A Resolution of the Common Council of the 
Town of Gilbert, Maricopa County, Arizona, Authorizing the 
Implementation of the MAG 1997 Serious Area Particulate Plan for PM-10 
and the MAG Serious Area Carbon Monoxide Plan for the Maricopa County 
Area (including 15 pages of attached material), adopted on June 10, 
1997.
    (2) Resolution No. 1864; A Resolution of the Common Council of the 
Town of Gilbert, Arizona, Implementing Measures in the MAG 1997 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Area (including 
Attachment A, 5 pages), adopted on November 25, 1997. [Incorporation 
note: Attachment A is referred to as Exhibit A in the text of the 
Resolution.]
    (3) Ordinance 1066; An Ordinance of the Common Council of the Town 
of Gilbert, Arizona Amending the Code of Gilbert by Amending Chapter 30 
Environment, by adding New Article II Fireplace Restrictions Prescribing 
Standards for Fireplaces, Woodstoves, and Other Solid-Fuel Burning 
Devices in New Construction; Providing for an Effective Date of January 
1, 1999; Providing for Repeal of Conflicting Ordinances; Providing for 
Severability (3 pages), adopted on November 25, 1997.
    (4) Resolution No. 1939: A Resolution of the Common Council of the 
Town of Gilbert, Arizona, Expressing its Commitment to Implement 
Measures in the Maricopa Association of Governments (MAG) 1998 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Area (including 
Attachment A, 5 pages), adopted on July 21, 1998. [Incorporation note: 
Attachment A is referred to as Exhibit A in the text of the Resolution.]
    (J) City of Glendale, Arizona.
    (1) Resolution No. 3123 New Series; A Resolution of the Council of 
the City of Glendale, Maricopa County, Arizona, Implementing Measures in 
the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 
Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 20 pages), adopted on June 10, 1997.
    (2) Resolution No. 3161 New Series; A Resolution of the Council of 
the City of Glendale, Maricopa County, Arizona, Implementing Measures in 
the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa 
County Area (including Exhibit A, 6 pages), adopted on October 28, 1997.
    (3) Resolution No. 3225 New Series; A Resolution of the Council of 
the City of Glendale, Maricopa County, Arizona, Implementing Measures in 
the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa 
County Area

[[Page 124]]

(including Exhibit A, 9 pages), adopted on July 28, 1998.
    (K) City of Goodyear, Arizona.
    (1) Resolution No. 97-604 Carbon Monoxide Plan; A Resolution of the 
Council of the City of Goodyear, Maricopa County, Arizona, Implementing 
Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 
1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area 
(including Exhibit A, 21 pages), adopted on September 9. [Incorporation 
note: Adoption year not given on the resolution but is understood to be 
1997 based on resolution number.]
    (2) Resolution No. 98-645; A Resolution of the Council of the City 
of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 
1998 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Attachment III, 7 pages), adopted on July 27, 1998.
    (L) City of Mesa, Arizona.
    (1) Resolution No. 7061; A Resolution of the City Council of the 
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area 
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 
13 pages plus index page), adopted on June 23, 1997.
    (2) Resolution No. 7123; A Resolution of the City Council of the 
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 
1997 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 10 pages), adopted on December 1, 1997.
    (3) Resolution No. 7360; A Resolution of the City Council of the 
City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 
Serious Area Particulate Plan for PM-10 for the Maricopa County Area 
(including Exhibit A, 8 pages), adopted on May 3, 1999.
    (4) Ordinance No. 3434; An Ordinance of the City Council of the City 
of Mesa, Maricopa County, Arizona, Relating to Fireplace Restrictions 
Amending Title 4, Chapter 1, Section 2 Establishing a Delayed Effective 
Date; and Providing Penalties for Violations (3 pages), adopted on 
February 2, 1998.
    (M) Town of Paradise Valley, Arizona.
    (1) Resolution Number 913; A Resolution of the Town of Paradise 
Valley, to Implement Measures in the MAG 1997 Serious Area Particulate 
Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the 
Maricopa County Area (including Exhibit A, 9 pages), adopted on October 
9, 1997.
    (2) Resolution Number 945; A Resolution of the Mayor and Town 
Council of the Town of Paradise Valley, Arizona, to Implement Measures 
in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa 
County Area (including Exhibit A, 5 pages), adopted on July 23, 1998.
    (3) Ordinance Number 454; An Ordinance of the Town of Paradise 
Valley, Arizona, Relating to Grading and Dust Control, Amending Article 
5-13 of the Town Code and Sections 5-13-1 Through 5-13-5, Providing 
Penalties for Violations and Severability (5 pages), adopted on January 
22, 1998. [Incorporation note: There is an error in the ordinance's 
title, ordinance amended only sections 5-13-1 to 5-13-4; see section 1 
of the ordinance.]
    (4) Ordinance Number 450; An Ordinance of the Town of Paradise 
Valley, Arizona, Adding Section 5-1-7 to the Town Code Relating to 
Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages), 
adopted on December 18, 1997.
    (N) City of Peoria, Arizona.
    (1) Resolution No. 97-37; A Resolution of the Mayor and Council of 
the City of Peoria, Arizona, to Implement Measures in the MAG 1997 
Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon 
Monoxide Plan for the Maricopa County Area (including Exhibits A, 5 
pages, and B, 19 pages), adopted on June 17, 1997.
    (2) Resolution No. 97-113; A Resolution of the Mayor and Council of 
the City of Peoria, Arizona, to Implement Measures in the MAG 1997 
Serious Area Particulate Plan for PM-10 for the Maricopa County Area and 
Directing the Recording of This Resolution with the Maricopa County 
Recorder and Declaring an Emergency (including Exhibit A, 8 pages plus 
index page), adopted on October 21, 1997.

[[Page 125]]

    (3) Resolution No. 98-107; A Resolution of the Mayor and Council of 
the City of Peoria, Arizona, to Approve and Authorize the Acceptance to 
Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-
10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted 
on July 21, 1998.
    (O) City of Phoenix, Arizona.
    (1) Resolution No. 18949; A Resolution Stating the City's Intent to 
Implement Measures to Reduce Air Pollution (including Exhibit A, 19 
pages), adopted on July 2, 1997.
    (2) Resolution No. 19006; A Resolution Stating the City's Intent to 
Implement Measures to Reduce Air Pollution (including Exhibit A, 13 
pages), adopted on November 19, 1997.
    (3) Ordinance No. G4037; An Ordinance Amending Chapter 39, Article 
2, Section 39-7 of the Phoenix City Code by Adding Subsection G Relating 
to Dust Free Parking Areas; and Amending Chapter 36, Article XI, 
Division I, Section 36-145 of the Phoenix City Code Relating to Parking 
on Non-Dust Free Lots, adopted on July 2, 1997 (5 pages).
    (4) Resolution No. 19141; A Resolution Stating the City's Intent to 
Implement Measures to Reduce Particulate Air Pollution (including 
Exhibit A, 10 pages), adopted on September 9, 1998.
    (5) Ordinance No. G4062; An Ordinance Amending the Phoenix City Code 
By Adding A New Chapter 40 ``Environmental Protections,'' By Regulating 
Fireplaces, Wood Stoves and Other Solid-Fuel Burning Devices and 
Providing that the Provisions of this Ordinance Shall Take Effect on 
December 31, 1998 (5 pages), adopted on December 10, 1997.
    (P) Town of Queen Creek, Arizona.
    (1) Resolution 129-97; A Resolution of the Town Council of the Town 
of Queen Creek, Maricopa County, Arizona to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious 
Area Carbon Monoxide Plan for the Maricopa County Area (including 
Exhibit A, 3 pages), adopted on June 4, 1997.
    (2) Resolution 145-97; A Resolution of the Town Council of the Town 
of Queen Creek, Maricopa County, Arizona to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 1 page), adopted on November 5, 1997.
    (3) Resolution 175-98; A Resolution of the Town Council of the Town 
of Queen Creek, Maricopa County, Arizona to Implement Measures in the 
MAG 1998 Serious Area Particulate Plan for the Maricopa County Area 
(including Exhibit A, 9 pages), adopted on September 16, 1998.
    (Q) City of Scottsdale, Arizona.
    (1) Resolution No. 4864; A Resolution of the City of Scottsdale, 
Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious 
Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon 
Monoxide Plan for the Maricopa County Area: Stating the Council's Intent 
to Implement Certain Control Measures Contained in that Plan (including 
Exhibit A, 21 pages), adopted on August 4, 1997.
    (2) Resolution No. 4942; Resolution of the Scottsdale City Council 
To Implement Measures in the MAG 1997 Serious Area Particulate Plan for 
PM-10 for the Maricopa County Area (including Exhibit A, 13 pages), 
adopted on December 1, 1997.
    (3) Resolution No. 5100; A Resolution of the City of Scottsdale, 
Maricopa County, Arizona, To Strengthen Particulate Dust Control and Air 
Pollution Measures in the Maricopa County Area (including Exhibit A, 10 
pages), adopted on December 1, 1998.
    (R) City of Surprise, Arizona.
    (1) Resolution No. 97-29; A Resolution to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious 
Area Carbon Monoxide Plan for the Maricopa County Area (including 
Exhibit A, 4 pages), adopted on June 12, 1997.
    (2) Resolution No. 97-67; A Resolution to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 3 pages), adopted on October 23, 1997.
    (3) Resolution No. 98-51; A Resolution to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 6 pages), adopted on September 10, 1998.
    (s) City of Tempe, Arizona.

[[Page 126]]

    (1) Resolution No. 97.39; Resolution to Implement Measures in the 
MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious 
Area Carbon Monoxide Plan for the Maricopa County Area (including 
Exhibit A, 18 pages), adopted on June 12, 1997.
    (2) Resolution No. 97.71, Resolution of the Council of the City of 
Tempe Stating Its Intent to Implement Measures in the MAG 1997 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 6 pages), adopted on November 13, 1997.
    (3) Resolution No. 98.42, Resolution of the Council of the City of 
Tempe Implementing Measures in the MAG 1998 Serious Area Particulate 
Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 
pages), adopted on September 10, 1998.
    (T) City of Tolleson, Arizona.
    (1) Resolution No. 788, A Resolution of the Mayor and City Council 
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures 
in the Maricopa Association of Governments (MAG) 1997 Serious Area 
Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide 
Plan for the Maricopa County Area (including Exhibit A, 12 pages), 
adopted on June 10, 1997.
    (2) Resolution No. 808, A Resolution of the Mayor and City Council 
of the City of Tolleson, Maricopa County, Arizona, Implementing Measures 
in the Maricopa Association of Governments (MAG) 1998 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A), adopted on July 28, 1998.
    (3) Ordinance No. 376, N.S., An Ordinance of the City of Tolleson, 
Maricopa County, Arizona, Amending Chapter 7 of the Tolleson City Code 
by Adding a New Section 7-9, Prohibiting the Installation or 
Construction of a Fireplace or Wood Stove Unless It Meets the Standards 
Set Forth Herein (including Exhibit A, 4 pages), adopted on December 8, 
1998.
    (U) Town of Wickenburg, Arizona.
    (1) Resolution No. 1308, Resolution To Implement Measures in the MAG 
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area 
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 
4 pages), adopted on August 18, 1997.
    (V) Town of Youngtown, Arizona.
    (1) Resolution No. 97-15, Resolution To Implement Measures in the 
MAG 1997 Serious Particulate Plan for PM-10 and MAG 1998 Serious Area 
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 
4 pages), adopted on September 18, 1997.
    (2) Resolution No. 98-15: Resolution To Implement Measures in the 
MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County 
Area (including Exhibit A, 8 pages), adopted on August 20, 1998.
    (3) Resolution No 98-05: Resolution Stating Intent to Work 
Cooperatively with Maricopa County to Control the Generation of Fugitive 
Dust Pollution (including Exhibit A, 2 pages), adopted February 19, 
1998.
    (W) Maricopa County, Arizona.
    (1) Resolution to Implement Measures in the MAG 1997 Serious Area 
Particulate Plan for PM-10 and MAG 1A998 Serious Area Carbon Monoxide 
Plan for the Maricopa County Area (including Exhibit A, 16 pages), 
adopted on June 25, 1997. [Incorporation note: ``1A998'' error in the 
original.]
    (2) Resolution to Implement Measures in the MAG 1997 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 9 pages), adopted on November 19, 1997.
    (3) Resolution to Implement Measures in the MAG 1998 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 10 pages), adopted on February 17, 1999.
    (4) Resolution to Implement Measures in the MAG 1999 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 10 pages), adopted on December 15, 1999.
    (X) Arizona Department of Transportation, Phoenix, Arizona.
    (1) Resolution to Implement Measures in the MAG 1997 Serious Area 
Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide 
Plan for the Maricopa County Area (including Exhibit A, 24 pages plus 
index page), adopted on June 20, 1997.

[[Page 127]]

    (2) Resolution to Implement Measures in the MAG 1998 Serious Area 
Particulate Plan for PM-10 for the Maricopa County Area (including 
Exhibit A, 8 pages), adopted on July 17, 1998.
    (Y) Regional Public Transportation Authority, Phoenix, Arizona.
    (1) Resolution #9701: Resolution to Implement Measures in the MAG 
1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area 
Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 
23 pages), adopted on June 12, 1997.
    (Z) State of Arizona.
    (1) Arizona Revised Statute Section 49-542(F)(7) as added in Section 
31 of Arizona Senate Bill 1002, 42nd Legislative Session, 7th Special 
Session (1996), approved by the Governor July 18, 1996.
    (101) Plan revisions submitted on March 2, 2000, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 310 revised on February 16, 2000.
    (2) Rule 310.01 adopted on February 16, 2000.
    (3) Appendix C revised on February 16, 2000.
    (102) Plan revisions submitted on January 8, 2002, by the Governor's 
designee.
    (i) Incorporation by reference.
    (1) Maricopa County, Arizona.
    (1) Resolution to Update Control Measure 6 in the Revised MAG 1999 
Serious Area Particulate Plan for PM-10 for the Maricopa County Area 
(including Exhibit A, 2 pages), adopted on December 19, 2001.
    (103) The following plan was submitted on February 7, 2002, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Bullhead City Moderate Area PM10 Maintenance Plan and 
Request for Redesignation to Attainment, adopted on February 7, 2002.
    (104) The following plan was submitted on March 29, 2002, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Payson Moderate Area PM10 Maintenance Plan and 
Request for Redesignation to Attainment, adopted on March 29, 2002.
    (B) [Reserved]
    (105) Amended rule for the following agency was submitted on March 
22, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 314, revised on December 19, 2001.
    (106) Amended rule for the following agency was submitted on 
February 22, 2002, by the governor's designee.
    (i) Incorporation by reference.
    (A) Maricopa County Environmental Services Department.
    (1) Rule 140, revised on September 5, 2001.
    (107) Amended rules for the following agency were submitted on 
October 7, 1998 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Pinal County Air Quality Control District.
    (1) Rule 1-3-140, adopted on June 29, 1993 and amended on July 29, 
1998.
    (108) Revisions to the Arizona State Implementation Plan for the 
Motor Vehicle Inspection and Maintenance Programs, submitted on July 6, 
2001.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) Section 49-551 as amended in Section 27 of Arizona Senate Bill 
1427, 43rd Legislature, 2nd Regular Session (1998), approved by the 
Governor on May 29, 1998.
    (2) Section 49-544 as amended in Section 15 of Arizona Senate Bill 
1007, 43rd Legislature, 4th Special Session (1998), approved by the 
Governor on May 20, 1998.
    (3) Section 49-541 as amended in Section 44 of Arizona House Bill 
2189, 44th Legislature, 1st Regular Session (1999), approved by the 
Governor on May 18, 1999.
    (4) Section 49-542.01 repealed in Section 3 and Section 49-545 as 
amended in Section 5 of Arizona House Bill 2104, 44th Legislature, 2nd 
Regular session (2000), approved by the Governor on April 28, 2000.
    (5) Section 49-542.05 as added in Section 23 of Arizona Senate Bill 
1004, 44th Legislature, 7th Special Session (2000),

[[Page 128]]

approved by the Governor on December 14, 2000.
    (B) Arizona Administrative Code.
    (1) Title 18, Chapter 2, Article 10 (except for AAC R 18-2-1020) 
``Motor Vehicles; Inspection and Maintenance'' as adopted on December 
31, 2000.
    (109) Revisions to the Arizona State Implementation Plan for the 
Motor Vehicle Inspection and Maintenance Programs, submitted on April 
10, 2002 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Revised Statutes.
    (1) Section 49-542 as amended in Section 9, Section 49-543 as 
amended in Section 11, and Section 49-541.01 repealed in Section 29 of 
Arizona House Bill 2538, 45th Legislature, 1st Regular Session (2001), 
approved by the Governor on May 7, 2001.
    (B) Arizona Administrative Code.
    (1) Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of 
AAC R 18-2-1014 and R 18-2-1015 effective January 1, 2002.
    (110) New and amended regulations were submitted on July 15, 1998, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Arizona Department of Environmental Quality.
    (1) Rules R18-2-701, R18-2-710, R18-2-725, R18-2-727, R18-2-801, 
R18-2-802, R18-2-803, R18-2-804, and R18-2-805, amended on November 15, 
1993.

[37 FR 10849, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 52.120, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 52.121  Classification of regions.

    The Arizona plan is evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                                 Classifications
                  AQCR (constituent counties)                  -------------------------------------------------
                                                                   PM        SOX       NO2       CO        O3
----------------------------------------------------------------------------------------------------------------
Maricopa Intrastate (Maricopa)................................         I       III       III         I         I
Pima Intrastate (Pima)........................................         I        II       III       III         I
Northern Arizona Intrastate (Apache, Coconino, Navajo,                 I       III       III       III       III
 Yavapai).....................................................
Mohave-Yuma Intrastate (Mohave, Yuma).........................         I       III       III       III       III
Central Arizona Intrastate (Gila, Pinal)......................         I        IA       III       III       III
Southeast Arizona Intrastate (Cochise, Graham, Greenlee, Santa         I        IA       III       III       III
 Cruz)........................................................
----------------------------------------------------------------------------------------------------------------


[45 FR 67345, Oct. 10, 1980]



Sec. 52.122  Negative declarations.

    (a) The following air pollution control districts submitted negative 
declarations for volatile organic compound source categories to satisfy 
the requirements of section 182 of the Clean Air Act, as amended. The 
following negative declarations are approved as additional information 
to the State Implementation Plan.
    (1) Maricopa County Environmental Services Department.
    (i) Refinery Sources (Refinery Process Turnarounds), Automobile and 
Light Duty Trucks, Magnet Wire, Flatwood Paneling, Pharmaceuticals and 
Cosmetic Manufacturing Operations, Rubber Tire Manufacturing, Polymer 
Manufacturing, Industrial Wastewater, Ship Building and Repair, 
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch 
Processing, SOCMI Reactors, and SOCMI Distillation were adopted on April 
26, 2000 and submitted on December 14, 2000.
    (b) [Reserved]

[67 FR 54743, Aug. 26, 2002]



Sec. 52.123  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approved Arizona's plan for the attainment of the national standards.
    (b) With the exception set forth in Secs. 52.130 and 52.135, the 
Administrator approves the inspection and maintenance (I/M) program for 
motor vehicles; the carpool matching program; certain transit 
improvements; and certain traffic flow improvement and site-specific 
traffic control measures.

[[Page 129]]

    (c) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph.
    (1) For TSP, the portion of the Tucson TSP Air Planning Area falling 
both within the area described by connecting the geographic points in 
the order listed below in this paragraph and within the townships and 
sections described below in this paragraph:

Latitude 3238.5[min] N, Longitude 11124.0[min] W
Latitude 3226.5[min] N, Longitude 11047.5[min] W
Latitude 3212.5[min] N, Longitude 11032.5[min] W
Latitude 3149.5[min] N, Longitude 11025.5[min] W
Latitude 3142.0[min] N, Longitude 11050.5[min] W
Latitude 3152.5[min] N, Longitude 11112.5[min] W
Latitude 3124.5[min] N, Longitude 11129.0[min] W

(and return to initial point)

T9S, R9-11E
T10S, R9-13E
T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters 
only) and 7 (NE and SE quarters only)
T13S, R14E: sections 19-21, 26-35
T14S, R13E: sections 1-3, 10-14, 23-25
T14S, R14E: sections 3-9, 17-19, 30
T17S, R19E
T18S, R19E
T20S, R14-15E

    (d) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the State Implementation Plan (SIP) 
depends on the adoption and submittal by January 1, 1981, of reasonably 
available control technology (RACT) requirements for sources covered by 
Control Technique Guidelines (CTG's) published between January 1978 and 
January 1979.
    (1) Maricopa County Urban Planning Area for O3.
    (e) The Administrator finds that the plan does not satisfy all the 
requirements of Part D, Title I, of the Clean Air Act as amended in 1977 
for the nonattainment and area pollutants listed in this paragraph.
    (1) Maricopa County Urban Planning Area for CO and TSP.
    (2) [Reserved]
    (3) The following portion of the Tucson TSP Air Planning Area: The 
area described by connecting the following geographic points in the 
order listed below:

Latitude 3238.5[min] N, Longitude 11124.0[min] W
Latitude 3226.5[min] N, Longitude 11047.5[min] W
Latitude 3212.5[min] N, Longitude 11032.5[min] W
Latitude 3149.5[min] N, Longitude 11025.5[min] W
Latitude 3142.0[min] N, Longitude 11050.5[min] W
Latitude 3152.5[min] N, Longitude 11112.5[min] W
Latitude 3124.5[min] N, Longitude 11129.0[min] W
(and return to initial point)

Excluding the area within the following townships:

T9S, R9-11E
T10S, R9-13E
T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters 
only) and 7 (NE and SE quarters only)
T13S, R14E: sections 19-21, 26-35
T14S, R13E: sections 1-3, 10-14, 23-25
T14S, R14E: sections 3-9, 17-19, 30
T17S, R19E
T18S, R19E
T20S, R14-15E

    (f) Maricopa County PM-10 Nonattainment Area (Phoenix Planning 
Area). (1) Plan for Attainment of the 24-hour PM-10 Standard--Maricopa 
County PM-10 Nonattainment Area (May, 1997) submitted by the Arizona 
Department of Environmental Quality on May 7, 1997.
    (i) [Reserved]
    (ii) The Administrator approves the attainment and reasonable 
further progress demonstrations for the Maryvale PM-10 monitoring site 
and Salt River PM-10 monitoring site.
    (iii) The approvals in paragraphs (f)(1) (i) and (ii) of this 
section are applicable only to the plan identified in paragraph (f)(1) 
of this section and do not constitute the Administrator's final decision 
as to the State's full compliance with the requirements of Clean Air Act 
sections 189(a)(1)(C) and 189(b)(1)(B) for RACM and BACM and sections 
189(a)(1)(B), 189(b)(1)(A) and 189(c)(1) for attainment and reasonable 
further progress.
    (g) Pursuant to the Federal planning authority in section 110(c) of 
the Clean Air Act, the Administrator finds that the applicable 
implementation plan for the Maricopa County ozone nonattainment area 
demonstrates the 15 percent VOC rate of progress required under section 
182(b)(1)(A)(i).

[[Page 130]]

    (h) Pursuant to the federal planning authority in section 110(c) of 
the Clean Air Act, the Administrator finds that the applicable 
implementation plan for the Maricopa County PM-10 nonattainment area 
provides for the implementation of reasonably available control measures 
as required by section 189(a)(1)(C) and demonstrates attainment by the 
applicable attainment date as required and allowed by sections 172(c)(2) 
and 189(a)(1)(B).
    (i) The Administrator approves the Maintenance Plan for the Tucson 
Air Planning Area submitted by the Arizona Department of Environmental 
Quality on October 6, 1997 as meeting requirements if section 175(A) of 
the Clean Air Act and the requirements of EPA's Limited Maintenance Plan 
option. The Administrator approves the Emmisions Inventory contained in 
the Maintenance Plan as meeting the requirements of section 172(c)(3) of 
the Clean Air Act.
    (j) The Administrator is approving the following elements of the 
Metropolitan Phoenix PM-10 Nonattainment Area Serious Area PM-10 Plan as 
contained in Revised Maricopa Association of Governments 1999 Serious 
Area Particulate Plan for PM-10 for the Maricopa County Nonattainment 
Area, February 2000, submitted February 16, 2000 and Maricopa County PM-
10 Serious Area State Implementation Plan Revision, Agricultural Best 
Management Practices (BMP), ADEQ, June 2000, submitted on June 13, 2001:
    (1) 1994 Base year emission inventory pursuant to Clean Air Act 
section 172(c)(3).
    (2) The Provisions for implementing on all significant source 
categories reasonably available control measures (except for 
agricultural sources) and best available control measures for the annual 
and 24-hour PM-10 NAAQS pursuant to section Clean Air Act sections 
189(a)(1)(c) and 189(b)(1)(b)).
    (3) The demonstration of the impracticability of attainment by 
December 31, 2001 for the annual and 24-hour PM-10 NAAQS pursuant to 
Clean Air Act section 189(b)(1)(A)(ii).
    (4) The demonstration of attainment by the most expeditious 
alternative date practicable for the annual and 24-hour PM-10 NAAQS 
pursuant to Clean Air Act section 189(b)(1)(A)(ii).
    (5) The demonstration of reasonable further progress for the annual 
and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 172(c)(2).
    (6) The quantitative milestones for the annual and 24-hour PM-10 
NAAQS pursuant to Clean Air Act section 189(c).
    (7) The inclusion of the most stringent measures for the annual and 
24-hour PM-10 NAAQS pursuant to Clean Air Act section 188(e).
    (8) The demonstration that major sources of PM-10 precursors do not 
contribute significantly to violations for the annual and 24-hour PM-10 
NAAQS pursuant to Clean Air Act section 189(e).
    (9) The contingency measures for the annual and 24-hour PM-10 NAAQS 
pursuant to Clean Air Act section 172(c)(9).
    (10) The transportation conformity budget for the annual and 24-hour 
PM-10 NAAQS pursuant to Clean Air Act section 176(c).
    (11) The provisions for assuring adequate resources, personnel, and 
legal authority to carry out the plan for the annual and 24-hour PM-10 
NAAQS pursuant to Clean Air Act section 110(a)(2)(E)(i).
    (k) The Administrator approves the revised Enhanced Vehicle 
Inspection and Maintenance Program for the Maricopa County carbon 
monoxide and ozone nonattainment area submitted by the Arizona 
Department of Environmental Quality on July 6, 2001 and April 10, 2002 
as meeting the requirements of Clean Air Act sections 182(c)(3) and 
187(a)(6) and the requirements for high enhanced inspection and 
maintenance programs contained in 40 CFR part 51, subpart S.

[38 FR 33373, Dec. 3, 1973, as amended at 48 FR 254, Jan. 4, 1983; 51 FR 
3336, Jan. 27, 1986; 51 FR 33750, Sept. 23, 1986; 62 FR 41864, Aug. 4, 
1997; 63 FR 28904, May 27, 1998; 63 FR 41350, Aug. 3, 1998; 65 FR 36358, 
June 8, 2000; 67 FR 48739, July 25, 2002; 68 FR 2914, Jan. 22, 2003]



Sec. 52.124  Part D disapproval.

    (a) The following portions of the Arizona SIP are disapproved 
because they do not meet the requirements of Part D of the Clean Air 
Act.

[[Page 131]]

    (1) The attainment demonstration, conformity and contingency 
portions of the 1987 Maricopa Association of Governments Carbon Monoxide 
Plan and 1988 Addendum.
    (2) [Reserved]
    (b)-(c) [Reserved]

[56 FR 5478, Feb. 11, 1991, as amended at 62 FR 41864, Aug. 4, 1997; 63 
FR 41350, Aug. 3, 1998; 65 FR 36358, June 8, 2000; 67 FR 48739, July 25, 
2002]



Sec. 52.125  Control strategy and regulations: Sulfur oxides.

    (a)(1) The requirements of subpart G of this chapter are not met 
since the control strategy does not analyze the impact of smelter 
fugitive emissions on ambient air quality (except at Hayden, Arizona) in 
the Central Arizona Intrastate, the Pima Intrastate, and the Southeast 
Arizona Intrastate (Cochise and Greenlee counties) Regions. Arizona must 
submit these smelter fugitive emissions control strategies to EPA by 
August 1, 1984. In addition, the requirements of Sec. 51.281 of this 
chapter are not met since the plan does not require permanent control of 
fugitive smelter emissions necessary to attain and maintain the national 
standards for sulfur oxides. The control strategy for Hayden shows that 
these controls are required to attain and maintain the national 
standards, and the fugitive control strategy analyses required above may 
show that they are required for some or all of the other smelter towns 
in Arizona. Arizona must submit all fugitive emissions control 
regulations necessary to attain and maintain the national standards for 
sulfur oxides to EPA by August 1, 1984. Therefore, the control 
strategies and regulations for the six smelter areas in the Central 
Arizona Intrastate, the Pima Intrastate and the Southeast Arizona 
Intrastate (Cochise and Greenlee counties) Regions are incomplete due to 
Arizona's failure to address the fugitive emissions problems at copper 
smelters.
    (2) Regulation 7-1-4.1 (copper smelters) of the Arizona Rules and 
Regulations for Air Pollution Control, as it pertains to existing copper 
smelters, is disapproved for the Central Arizona Intrastate, Pima 
Intrastate and Southeast Arizona Intrastate (Cochise and Greenlee 
counties) Regions.
    (b) The requirements of subpart G and Sec. 51.281 of this chapter are 
not met since the plan does not provide the degree of control necessary 
to attain and maintain the national standards for sulfur oxides in the 
Northern Arizona Intrastate Region. Th erefore, Regulation 7-1-4.2(C) 
(fuel burning installations) of the Arizona Rules and Regulations for 
Air Pollution Control, as it pertains to existing sources, is 
disapproved in the Northern Arizona Intrastate Region for steam power 
generating instal lations having a total rated capacity equal to or 
greater than 6,500 million B.t.u. per hour.
    (c) Replacement regulation for Regulation 7-1-4.2(C) (Fossil fuel-
fired steam generators in the Northern Arizona Intrastate Region). (1) 
This paragraph is applicable to the fossil fuel-fired steam generating 
equipment designated as Units 1, 2, and 3 at the Navajo Power Plant in 
the Northern Arizona Intrastate Region (Sec. 81.270 of this chapter).
    (2) No owner or operator of the fossil fuel-fired steam generating 
equipment to which this paragraph is applicable shall discharge or cause 
the discharge of sulfur oxides into the atmosphere in excess of the 
amount prescribed by the following equations:

E = 12,245 S or e = 1,540 S

where:

E = Allowable sulfur oxides emissions (lb./hr.) from all affected units.
e = Allowable sulfur oxides emissions (gm./sec.) from all affected 
units.
S = Sulfur content, in percent by weight, prior to any pretreatment of 
the fuel being burned.

    (3) For the purposes of this paragraph:
    (i) E shall not exceed 21,270 lb./hr. (2,680 gm./sec.).
    (ii) If the sum of sulfur oxides emissions from Units 1, 2, and 3 
would be less than 3,780 lb./hr. (475 gm./sec.) without the use of 
emission control equipment, the requirements of paragraphs (2), (4)(i) 
and (5) of this paragraph (c), shall not apply for the period of time 
that the emissions remain below this level.
    (iii) The applicability of paragraph (c)(2)(ii) of this section may 
be determined through a sulfur balance utilizing the analyzed sulfur 
content of

[[Page 132]]

the fuel being burned and the total rate of fuel consumption in all 
affected units.
    (4)(i) No owner or operator of the fossil fuel-fired steam 
generating equipment subject to this paragraph shall discharge or cause 
the discharge of sulfur oxides into the atmosphere from any affected 
unit in excess of the amount prescribed by the following equations, 
except as provided in paragraph (3)(ii) of this paragraph (c).

E1 = 0.333 E or e1 = 0.333 e

where:

E = Allowable sulfur oxides emissions (lb./hr.) from all affected units 
as determined pursuant to paragraph (2) of this paragraph.
e = Allowable sulfur oxides emissions (gm./sec.) from all affected units 
as determined pursuant to paragraph (2) of this paragraph (c).
E1 = Allowable sulfur oxides emissions (lb./hr.) from each 
affected unit.
e1 = Allowable sulfur oxides emissions (gm./sec.) from each 
affected unit.

    (ii) The owner or operator of the fossil fuel-fired steam generating 
equipment to which this paragraph is applicable may submit a request to 
redesignate the allowable emissions specified in paragraph (c)(4)(i) of 
this section. Such a request shall be submitted no later than December 
2, 1974, and shall demonstrate that sulfur oxides emissions on a total 
plant basis will not exceed those specified in paragraphs (2) and (3)(i) 
of this paragraph (c). Upon receipt and evaluation of such request, the 
Administrator shall consider such and if appropriate, redesignate the 
allowable emissions specified in paragraph (c)(4)(i) of this section.
    (5) All sulfur oxides control equipment at the fossil fuel-fired 
steam generating equipment to which this paragraph is applicable shall 
be operated at the maximum practicable efficiency at all times, without 
regard to the allowable sulfur oxides emissions, determined according to 
paragraph (2) or (3) of this paragraph (c), except as provided in 
paragraph (3)(ii) of this paragraph (c).
    (6) Compliance with this paragraph shall be in accordance with the 
provisions of Sec. 52.134(a).
    (7) The test methods and procedures used to determine compliance 
with this paragraph shall be those prescribed in Sec. 60.46(c)(2) and 
(c)(4) of this chapter. The test methods for determining the sulfur 
content of fuel shall be those specified in Sec. 60.45(c) and (d) of this 
chapter.
    (d)-(e) [Reserved]
    (f)(1) Paragraphs B through E of regulation 7-1-4.2 (R9-3-402) 
(Sulfur Emissions: Fuel Burning Installations) of the Arizona Air 
Pollution Control Regulations are disapproved because they could allow 
existing oil fired facilities to use dispersion dependent techniques 
alone as a means of attaining and maintaining the national ambient air 
quality standards. The regulation does not assure the attainment and 
maintenance of the national standards in a manner which is consistent 
with the intent of sections 110(a)(2)(B) and 123(a)(2) of the Clean Air 
Act.
    (2) The approval of paragraphs A and F of regulation 7-1-4.2 as to 
coal fired facilities does not apply to the Salt River Project 
Agricultural Improvement and Power District-Navajo Generating Station.
    (3) Paragraphs B through E of regulation 8-1-4.2 (Sulfur Emissions--
Fuel Burning Installations) of the Yuma County Air Pollution Control 
Regulations are disapproved because they could allow existing facilities 
to use dispersion dependent techniques alone as a means of attaining and 
maintaining the National Ambient Air Quality Standards. This regulation 
does not assure the attainment and maintenance of the national standards 
in a manner which is consistent with the intent of sections 
110(a)(2)(B)and 123(a)(2) of the Clean Air Act.
    (g) Section 3, Regulation 3 (Sulfur from Primary Copper Smelters) of 
the Mohave County Health Department Air Pollution Control Regulations 
and Regulation 7-3-2.1 (Copper Smelters) of the Pinal-Gila Counties Air 
Quality Control District are disapproved since Section 36-1706 of the 
Arizona Revised Statutes grants exclusive jurisdiction to the Arizona 
Department of Health Services and the State Hearing Board over all 
existing copper smelters.
    (1) The requirements of Sec. 51.13 of this chapter are not met since 
the plan does not demonstrate that the emission limitations applicable 
to existing fuel

[[Page 133]]

burning equipment producing electrical energy will provide for the 
attainment and maintenance of the national standards in the Pima 
Intrastate Region (Sec. 81.269 of this chapter).
    (2) Regulation II: Rule 7A--paragraphs 2 through 5, Emission 
Limitations Fuel Burning Equipment--Sulfur Dioxide, of the Rules and 
Regulations of the Pima County Air Pollution Control District are 
disapproved because they could allow existing facilities to use 
dispersion dependent techniques along as a means of attaining and 
maintaining the National Ambient Air Quality Standards. The regulation 
does not assure the attainment and maintenance of the national standards 
in a manner which is consistent with the intent of section 110(a)(2)(B) 
of the Clean Air Act.

[37 FR 15081, July 27, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 52.125, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 52.126  Control strategy and regulations: Particulate matter.

    (a) The requirements of subpart G and Sec. 51.281 of this chapter are 
not met since the plan does not provide the degree of control necessary 
to attain and maintain the national standards for particulate matter in 
Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties. Therefore, 
Regulation 7-1-3.6 (process industries) of the Arizona Rules and 
Regulations for Air Pollution Control is disapproved for Gila, Maricopa, 
Pima, Pinal, and Santa Cruz Counties.
    (b) Replacement regulation for Regulation 7-1-3.6 of the Arizona 
Rules and Regulations for Air Pollution Control (Gila, Maricopa, Pima, 
Pinal, and Santa Cruz Counties). (1) No owner or operator of any 
stationary process source in Gila, Maricopa, Pima, Pinal, or Santa Cruz 
County shall discharge or cause the discharge of particulate matter into 
the atmosphere in excess of the hourly rate shown in the following table 
for the process weight rate identified for such source:

                          [In pounds per hour]
------------------------------------------------------------------------
                                                     Process
          Process weight rate             Emission    weight    Emission
                                            rate       rate       rate
------------------------------------------------------------------------
50.....................................       0.36     60,000      29.60
100....................................       0.55     80,000      31.19
500....................................       1.53    120,000      33.28
1,000..................................       2.25    160,000      34.85
5,000..................................       6.34    200,000      36.11
10,000.................................       9.73    400,000      40.35
20,000.................................      14.99  1,000,000      46.72
------------------------------------------------------------------------

    (2) Paragraph (b)(1) of this section shall not apply to 
incinerators, fuel burning installations, or Portland cement plants 
having a process weight rate in excess of 250,000 lb/h.
    (3) No owner or operator of a Portland cement plant in Gila, 
Maricopa, Pima, Pinal, or Santa Cruz County with a process weight rate 
in excess of 250,000 lb/hr shall discharge or cause the discharge of 
particulate matter into the atmosphere in excess of the amount specified 
in Sec. 60.62 of this chapter.
    (4) Compliance with this paragraph shall be in accordance with the 
provisions of Sec. 52.134(a).
    (5) The test methods and procedures used to determine compliance 
with this paragraph are set forth below. The methods referenced are 
contained in the appendix to part 60 of this chapter. Equivalent methods 
and procedures may be used if approved by the Administrator.
    (i) For each sampling repetition, the average concentration of 
particulate matter shall be determined by using method 5. Traversing 
during sampling by method 5 shall be according to method 1. The minimum 
sampling time shall be 2 hours and the minimum sampling volume shall be 
60 ft 3(1.70 m 3), corrected to standard 
conditions on a dry basis.
    (ii) The volumetric flow rate of the total effluent shall be 
determined by using method 2 and traversing according to method 1. Gas 
analysis shall be performed using the integrated sample technique of 
method 3, and moisture content shall be determined by the condenser 
technique of method 4.
    (iii) All tests shall be conducted while the source is operating at 
the maximum production or combustion rate at which such source will be 
operated. During the tests, the source shall burn fuels or combinations 
of fuels, use

[[Page 134]]

raw materials, and maintain process conditions representative of normal 
operation, and shall operate under such other relevant conditions as the 
Administrator shall specify.
    (c) The requirements of Sec. 51.281 of this chapter are not met since 
the plan does not contain regulations for Mohave and Yuma Counties in 
the Mohave-Yuma Intrastate Region or Pinal-Gila Counties in the Central 
Arizona Intrastate Region which provide enforceable and reproducible 
test procedures for the determination of compliance with the emission 
standards. Therefore paragraph C of section 3, regulation 2 
(Particulates: Other Sources) of the Mohave County Air Pollution Control 
Regulations, paragraph B of regulation 8-1-3.6 (Particulates--Process 
Industries) of the Yuma County Air Pollution Control Regulations, and 
paragraph C of regulation 7-3-1.4 (Particulate Emissions--Incineration) 
and paragraph F of regulation 7-3-1.7 (Particulate Emissions--Fuel 
Burning Equipment) of the Rules and Regulations for Pinal-Gila Counties 
Air Quality Control District are disapproved.

[37 FR 15081, July 27, 1972, as amended at 38 FR 12704, May 14, 1973; 43 
FR 53034, Nov. 15, 1978; 45 FR 67346, Oct. 10, 1980; 51 FR 40676, 40677, 
Nov. 7, 1986]



Sec. 52.128  Rule for unpaved parking lots, unpaved roads and vacant lots.

    (a) General. (1) Purpose. The purpose of this section is to limit 
the emissions of particulate matter into the ambient air from human 
activity on unpaved parking lots, unpaved roads and vacant lots.
    (2) Applicability. The provisions of this section shall apply to 
owners/operators of unpaved roads, unpaved parking lots and vacant lots 
and responsible parties for weed abatement on vacant lots in the Phoenix 
PM-10 nonattainment area. This section does not apply to unpaved roads, 
unpaved parking lots or vacant lots located on an industrial facility, 
construction, or earth-moving site that has an approved permit issued by 
Maricopa County Environmental Services Division under Rule 200, Section 
305, Rule 210 or Rule 220 containing a Dust Control Plan approved under 
Rule 310 covering all unpaved parking lots, unpaved roads and vacant 
lots. This section does not apply to the two Indian Reservations (the 
Salt River Pima-Maricopa Indian Community and the Fort McDowell Mojave-
Apache Indian Community) and a portion of a third reservation (the Gila 
River Indian Community) in the Phoenix PM-10 nonattainment area. Nothing 
in this definition shall preclude applicability of this section to 
vacant lots with disturbed surface areas due to construction, earth-
moving, weed abatement or other dust generating operations which have 
been terminated for over eight months.
    (3) The test methods described in Appendix A of this section shall 
be used when testing is necessary to determine whether a surface has 
been stabilized as defined in paragraph (b)(16) of this section.
    (b) Definitions. (1) Average daily trips (ADT)--The average number 
of vehicles that cross a given surface during a specified 24-hour time 
period as determined by the Institute of Transportation Engineers Trip 
Generation Report (6th edition, 1997) or tube counts.
    (2) Chemical/organic stabilizer--Any non-toxic chemical or organic 
dust suppressant other than water which meets any specifications, 
criteria, or tests required by any federal, state, or local water agency 
and is not prohibited for use by any applicable law, rule or regulation.
    (3) Disturbed surface area--Any portion of the earth's surface, or 
materials placed thereon, which has been physically moved, uncovered, 
destabilized, or otherwise modified from its undisturbed natural 
condition, thereby increasing the potential for emission of fugitive 
dust.
    (4) Dust suppressants--Water, hygroscopic materials, solution of 
water and chemical surfactant, foam, or non-toxic chemical/organic 
stabilizers not prohibited for use by any applicable law, rule or 
regulation, as a treatment material to reduce fugitive dust emissions.
    (5) EPA--United States Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, California 94105.
    (6) Fugitive dust--The particulate matter entrained in the ambient 
air which is caused from man-made and

[[Page 135]]

natural activities such as, but not limited to, movement of soil, 
vehicles, equipment, blasting, and wind. This excludes particulate 
matter emitted directly from the exhaust of motor vehicles and other 
internal combustion engines, from portable brazing, soldering, or 
welding equipment, and from piledrivers.
    (7) Lot--A parcel of land identified on a final or parcel map 
recorded in the office of the Maricopa County recorder with a separate 
and distinct number or letter.
    (8) Low use unpaved parking lot--A lot on which vehicles are parked 
no more than thirty-five (35) days a year, excluding days where the 
exemption in paragraph (c)(2) of this section applies.
    (9) Motor vehicle--A self-propelled vehicle for use on the public 
roads and highways of the State of Arizona and required to be registered 
under the Arizona State Uniform Motor Vehicle Act, including any non-
motorized attachments, such as, but not limited to, trailers or other 
conveyances which are connected to or propelled by the actual motorized 
portion of the vehicle.
    (10) Off-road motor vehicle--any wheeled vehicle which is used off 
paved roadways and includes but is not limited to the following:
    (i) Any motor cycle or motor-driven cycle;
    (ii) Any motor vehicle commonly referred to as a sand buggy, dune 
buggy, or all terrain vehicle.
    (11) Owner/operator--any person who owns, leases, operates, 
controls, maintains or supervises a fugitive dust source subject to the 
requirements of this section.
    (12) Paving--Applying asphalt, recycled asphalt, concrete, or 
asphaltic concrete to a roadway surface.
    (13) Phoenix PM-10 nonattainment area--such area as defined in 40 
CFR 81.303, excluding Apache Junction.
    (14) PM-10--Particulate matter with an aerodynamic diameter less 
than or equal to a nominal 10 micrometers as measured by reference or 
equivalent methods that meet the requirements specified for PM-10 in 40 
CFR part 50, Appendix J.
    (15) Reasonably available control measures (RACM)--Techniques used 
to prevent the emission and/or airborne transport of fugitive dust and 
dirt.
    (16) Stabilized surface--(i) Any unpaved road or unpaved parking lot 
surface where:
    (A) Any fugitive dust plume emanating from vehicular movement does 
not exceed 20 percent opacity as determined in section I.A of Appendix A 
of this section; and
    (B) Silt loading (weight of silt per unit area) is less than 0.33 
ounces per square foot as determined by the test method in section I.B 
of Appendix A of this section OR where silt loading is greater than or 
equal to 0.33 ounces per square foot and silt content does not exceed 
six (6) percent for unpaved road surfaces or eight (8) percent for 
unpaved parking lot surfaces as determined by the test method in section 
I.B of Appendix A of this section.
    (ii) Any vacant lot surface with:
    (A) A visible crust which is sufficient as determined in section 
II.1 of Appendix A of this section;
    (B) A threshold friction velocity (TFV), corrected for non-erodible 
elements, of 100 cm/second or higher as determined in section II.2 of 
Appendix A of this section;
    (C) Flat vegetation cover equal to at least 50 percent as determined 
in section II.3 of Appendix A of this section;
    (D) Standing vegetation cover equal to or greater than 30 percent as 
determined in section II.4 of Appendix A of this section; or
    (E) Standing vegetation cover equal to or greater than 10 percent as 
determined in section II.4 of Appendix A of this section where threshold 
friction velocity, corrected for non-erodible elements, as determined in 
section II.2 of Appendix A of this section is equal to or greater than 
43 cm/second.
    (17) Unpaved parking lot--A privately or publicly owned or operated 
area utilized for parking vehicles that is not paved and is not a Low 
use unpaved parking lot.
    (18) Unpaved road--Any road, equipment path or driveway used by 
motor vehicles or off-road motor vehicles that is not paved which is 
open to public access and owned/operated by any federal, state, county, 
municipal or other governmental or quasi-governmental agencies.

[[Page 136]]

    (19) Urban or suburban open area--An unsubdivided or undeveloped 
tract of land adjoining a residential, industrial or commercial area, 
located on public or private property.
    (20) Vacant lot--A subdivided residential, industrial, 
institutional, governmental or commercial lot which contains no approved 
or permitted buildings or structures of a temporary or permanent nature.
    (c) Exemptions. The following requirements in paragraph (d) of this 
section do not apply:
    (1) In paragraphs (d)(1), (d)(2) and (d)(4)(iii) of this section: 
Any unpaved parking lot or vacant lot 5,000 square feet or less.
    (2) In paragraphs (d)(1) and (d)(2) of this section: Any unpaved 
parking lot on any day in which ten (10) or fewer vehicles enter.
    (3) In paragraphs (d)(4)(i) and (d)(4)(ii) of this section: Any 
vacant lot with less than 0.50 acre (21,780 square feet) of disturbed 
surface area(s).
    (4) In paragraph (d) of this section: Non-routine or emergency 
maintenance of flood control channels and water retention basins.
    (5) In paragraph (d) of this section: Vehicle test and development 
facilities and operations when dust is required to test and validate 
design integrity, product quality and/or commercial acceptance. Such 
facilities and operations shall be exempted from the provisions of this 
section only if such testing is not feasible within enclosed facilities.
    (6) In paragraph (d)(4)(i) of this section: Weed abatement 
operations performed on any vacant lot or property under the order of a 
governing agency for the control of a potential fire hazard or otherwise 
unhealthy condition provided that mowing, cutting, or another similar 
process is used to maintain weed stubble at least three (3) inches above 
the soil surface. This includes the application of herbicides provided 
that the clean-up of any debris does not disturb the soil surface.
    (7) In paragraph (d)(4)(i) of this section: Weed abatement 
operations that receive an approved Earth Moving permit under Maricopa 
County Rule 200, Section 305 (adopted 11/15/93).
    (d) Requirements. (1) Unpaved parking lots. Any owners/operators of 
an unpaved parking lot shall implement one of the following RACM on any 
surface area(s) of the lot on which vehicles enter and park.
    (i) Pave; or
    (ii) Apply chemical/organic stabilizers in sufficient concentration 
and frequency to maintain a stabilized surface; or
    (iii) Apply and maintain surface gravel uniformly such that the 
surface is stabilized; or
    (iv) Apply and maintain an alternative control measure such that the 
surface is stabilized, provided that the alternative measure is not 
prohibited under paragraph (b)(2) or (b)(4) of this section.
    (2) Any owners/operators of a low use unpaved parking lot as defined 
in paragraph (b)(8) of this section shall implement one of the RACM 
under paragraph (d)(1) of this section on any day(s) in which over 100 
vehicles enter the lot, such that the surface area(s) on which vehicles 
enter and park is/are stabilized throughout the duration of time that 
vehicles are parked.
    (3) Unpaved roads. Any owners/operators of existing unpaved roads 
with ADT volumes of 250 vehicles or greater shall implement one of the 
following RACM along the entire surface of the road or road segment that 
is located within the Phoenix non-attainment area by June 10, 2000:
    (i) Pave; or
    (ii) Apply chemical/organic stabilizers in sufficient concentration 
and frequency to maintain a stabilized surface; or
    (iii) Apply and maintain surface gravel uniformly such that the 
surface is stabilized; or
    (iv) Apply and maintain an alternative control measure such that the 
surface is stabilized, provided that the alternative measure is not 
prohibited under paragraph (b)(2) or (b)(4) of this section.
    (4) Vacant lots. The following provisions shall be implemented as 
applicable.
    (i) Weed abatement. No person shall remove vegetation from any 
vacant lot by blading, disking, plowing under or

[[Page 137]]

any other means without implementing all of the following RACM to 
prevent or minimize fugitive dust.
    (A) Apply a dust suppressant(s) to the total surface area subject to 
disturbance immediately prior to or during the weed abatement.
    (B) Prevent or eliminate material track-out onto paved surfaces and 
access points adjoining paved surfaces.
    (C) Apply a dust suppressant(s), gravel, compaction or alternative 
control measure immediately following weed abatement to the entire 
disturbed surface area such that the surface is stabilized.
    (ii) Disturbed surfaces. Any owners/operators of an urban or 
suburban open area or vacant lot of which any portion has a disturbed 
surface area(s) that remain(s) unoccupied, unused, vacant or undeveloped 
for more than fifteen (15) calendar days shall implement one of the 
following RACM within sixty (60) calendar days following the 
disturbance.
    (A) Establish ground cover vegetation on all disturbed surface areas 
in sufficient quantity to maintain a stabilized surface; or
    (B) Apply a dust suppressant(s) to all disturbed surface areas in 
sufficient quantity and frequency to maintain a stabilized surface; or
    (C) Restore to a natural state, i.e. as existing in or produced by 
nature without cultivation or artificial influence, such that all 
disturbed surface areas are stabilized; or
    (D) Apply and maintain surface gravel uniformly such that all 
disturbed surface areas are stabilized; or
    (E) Apply and maintain an alternative control measure such that the 
surface is stabilized, provided that the alternative measure is not 
prohibited under paragraph (b)(2) or (b)(4) of this section.
    (iii) Motor vehicle disturbances. Any owners/operators of an urban 
or suburban open area or vacant lot of which any portion has a disturbed 
surface area due to motor vehicle or off-road motor vehicle use or 
parking, notwithstanding weed abatement operations or use or parking by 
the owner(s), shall implement one of the following RACM within 60 
calendar days following the initial determination of disturbance.
    (A) Prevent motor vehicle and off-road motor vehicle trespass/ 
parking by applying fencing, shrubs, trees, barriers or other effective 
measures; or
    (B) Apply and maintain surface gravel or chemical/organic stabilizer 
uniformly such that all disturbed surface areas are stabilized.
    (5) Implementation date of RACM. All of the requirements in 
paragraph (d) of this section shall be effective eight (8) months from 
September 2, 1998. For requirements in paragraph (d)(4)(ii) and 
(d)(4)(iii) of this section, RACM shall be implemented within eight (8) 
months from September 2, 1998, or within 60 calendar days following the 
disturbance, whichever is later.
    (e) Monitoring and records. (1) Any owners/operators that are 
subject to the provisions of this section shall compile and retain 
records that provide evidence of control measure application, indicating 
the type of treatment or measure, extent of coverage and date applied. 
For control measures involving chemical/organic stabilization, records 
shall also indicate the type of product applied, vendor name, label 
instructions for approved usage, and the method, frequency, 
concentration and quantity of application.
    (2) Copies of control measure records and dust control plans along 
with supporting documentation shall be retained for at least three 
years.
    (3) Agency surveys. (i) EPA or other appropriate entity shall 
conduct a survey of the number and size (or length) of unpaved roads, 
unpaved parking lots, and vacant lots subject to the provisions of this 
section located within the Phoenix PM-10 nonattainment area beginning no 
later than 365 days from September 2, 1998.
    (ii) EPA or other appropriate entity shall conduct a survey at least 
every three years within the Phoenix PM-10 nonattainment area beginning 
no later than 365 days from September 2, 1998, which includes:
    (A) An estimate of the percentage of unpaved roads, unpaved parking 
lots, and vacant lots subject to this section to which RACM as required 
in this section have been applied; and
    (B) A description of the most frequently applied RACM and estimates 
of their control effectiveness.

[[Page 138]]

 Appendix A to Sec. 52.128--Test Methods To Determine Whether A Surface Is 
                               Stabilized

                I. Unpaved Roads and Unpaved Parking Lots

                         A. Opacity Observations

    Conduct opacity observations in accordance with Reference Method 9 
(40 CFR Part 60, appendix A) and Methods 203A and 203C of this appendix, 
with opacity readings taken at five second observation intervals and two 
consecutive readings per plume beginning with the first reading at zero 
seconds, in accordance with Method 203C, sections 2.3.2. and 2.4.2 of 
this appendix. Conduct visible opacity tests only on dry unpaved 
surfaces (i.e. when the surface is not damp to the touch) and on days 
when average wind speeds do not exceed 15 miles per hour (mph).

   (i) Method 203A--Visual Determination of Opacity of Emissions From 
            Stationary Sources for Time-Arranged Regulations

    Method 203A is virtually identical to EPA's Method 9 (40 CFR Part 60 
Appendix A) except for the data-reduction procedures, which provide for 
averaging times other than 6 minutes. That is, using Method 203A with a 
6-minute averaging time would be the same as following EPA Method 9 (40 
CFR Part 60, Appendix A). Additionally, Method 203A provides procedures 
for fugitive dust applications. The certification procedures provided in 
section 3 are virtually identical to Method 9 (40 CFR Part 60, Appendix 
A) and are provided here, in full, for clarity and convenience.

                     1. Applicability and Principle

    1.1 Applicability. This method is applicable for the determination 
of the opacity of emissions from sources of visible emissions for time-
averaged regulations. A time-averaged regulation is any regulation that 
requires averaging visible emission data to determine the opacity of 
visible emissions over a specific time period.
    1.2 Principle. The opacity of emissions from sources of visible 
emissions is determined visually by an observer qualified according to 
the procedures of section 3.

                              2. Procedures

    An observer qualified in accordance with section 3 of this method 
shall use the following procedures for visually determining the opacity 
of emissions.
    2.1 Procedures for Emissions from Stationary Sources. These 
procedures are not applicable to this section.
    2.2 Procedures for Fugitive Process Dust Emissions. These procedures 
are applicable for the determination of the opacity of fugitive 
emissions by a qualified observer. The qualified field observer should 
do the following:
    2.2.1 Position. Stand at a position at least 5 meters from the 
fugitive dust source in order to provide a clear view of the emissions 
with the sun oriented in the 140-degree sector to the back. Consistent 
as much as possible with maintaining the above requirements, make 
opacity observations from a position such that the line of vision is 
approximately perpendicular to the plume and wind direction. As much as 
possible, if multiple plumes are involved, do not include more than one 
plume in the line of sight at one time.
    2.2.2 Field Records. Record the name of the plant or site, fugitive 
source location, source type [pile, stack industrial process unit, 
incinerator, open burning operation activity, material handling 
(transfer, loading, sorting, etc.)], method of control used, if any, 
observer's name, certification data and affiliation, and a sketch of the 
observer's position relative to the fugitive source. Also, record the 
time, estimated distance to the fugitive source location, approximate 
wind direction, estimated wind speed, description of the sky condition 
(presence and color of clouds), observer's position relative to the 
fugitive source, and color of the plume and type of background on the 
visible emission observation form when opacity readings are initiated 
and completed.
    2.2.3 Observations. Make opacity observations, to the extent 
possible, using a contrasting background that is perpendicular to the 
line of vision. For roads, storage piles, and parking lots, make opacity 
observations approximately 1 meter above the surface from which the 
plume is generated. For other fugitive sources, make opacity 
observations at the point of greatest opacity in that portion of the 
plume where condensed water vapor is not present. For intermittent 
sources, the initial observation should begin immediately after a plume 
has been created above the surface involved. Do not look continuously at 
the plume but, instead, observe the plume momentarily at 15-second 
intervals.
    2.3 Recording Observations. Record the opacity observations to the 
nearest 5 percent every 15 seconds on an observational record sheet. 
Each momentary observation recorded represents the average opacity of 
emissions for a 15-second period.
    2.4 Data Reduction for Time-Averaged Regulations. A set of 
observations is composed of an appropriate number of consecutive 
observations determined by the averaging time specified. Divide the 
recorded observations into sets of appropriate time lengths for the 
specified averaging time. Sets must consist of consecutive observations; 
however, observations immediately preceding and following interrupted 
observations shall be deemed consecutive. Sets need not be consecutive 
in

[[Page 139]]

time and in no case shall two sets overlap, resulting in multiple 
violations. For each set of observations, calculate the appropriate 
average opacity.

                      3. Qualification and Testing

    3.1 Certification Requirements. To receive certification as a 
qualified observer, a candidate must be tested and demonstrate the 
ability to assign opacity readings in 5 percent increments to 25 
different black plumes and 25 different white plumes, with an error not 
to exceed 15 percent opacity on any one reading and an average error not 
to exceed 7.5 percent opacity in each category. Candidates shall be 
tested according to the procedures described in paragraph 3.2. Any smoke 
generator used pursuant to paragraph 3.2 shall be equipped with a smoke 
meter which meets the requirements of paragraph 3.3. Certification tests 
that do not meet the requirements of paragraphs 3.2 and 3.3 are not 
valid.
    The certification shall be valid for a period of 6 months, and after 
each 6-month period, the qualification procedures must be repeated by an 
observer in order to retain certification.
    3.2 Certification Procedure. The certification test consists of 
showing the candidate a complete run of 50 plumes, 25 black plumes and 
25 white plumes, generated by a smoke generator. Plumes shall be 
presented in random order within each set of 25 black and 25 white 
plumes. The candidate assigns an opacity value to each plume and records 
the observation on a suitable form. At the completion of each run of 50 
readings, the score of the candidate is determined. If a candidate fails 
to qualify, the complete run of 50 readings must be repeated in any 
retest. The smoke test may be administered as part of a smoke school or 
training program, and may be preceded by training or familiarization 
runs of the smoke generator during which candidates are shown black and 
white plumes of known opacity.
    3.3 Smoke Generator Specifications. Any smoke generator used for the 
purpose of paragraph 3.2 shall be equipped with a smoke meter installed 
to measure opacity across the diameter of the smoke generator stack. The 
smoke meter output shall display in-stack opacity, based upon a path 
length equal to the stack exit diameter on a full 0 to 100 percent chart 
recorder scale. The smoke meter optical design and performance shall 
meet the specifications shown in Table A. The smoke meter shall be 
calibrated as prescribed in paragraph 3.3.1 prior to conducting each 
smoke reading test. At the completion of each test, the zero and span 
drift, shall be checked, and if the drift exceeds 1 percent opacity, 
the condition shall be corrected prior to conducting any subsequent test 
runs. The smoke meter shall be demonstrated at the time of installation 
to meet the specifications listed in Table A. This demonstration shall 
be repeated following any subsequent repair or replacement of the 
photocell or associated electronic circuitry including the chart 
recorder or output meter, or every 6 months, whichever occurs first.
    3.3.1 Calibration. The smoke meter is calibrated after allowing a 
minimum of 30 minutes warm-up by alternately producing simulated opacity 
of 0 percent and 100 percent. When stable response at 0 percent or 100 
percent is noted, the smoke meter is adjusted to produce an output of 0 
percent or 100 percent, as appropriate. This calibration shall be 
repeated until stable 0 percent and 100 percent readings are produced 
without adjustment. Simulated 0 percent and 100 percent opacity values 
may be produced by alternately switching the power to the light source 
on and off while the smoke generator is not producing smoke.
    3.3.2 Smoke Meter Evaluation. The smoke meter design and performance 
are to be evaluated as follows:
    3.3.2.1 Light Source. Verify from manufacturer's data and from 
voltage measurements made at the lamp, as installed, that the lamp is 
operated within 5 percent of the nominal rated voltage.
    3.3.2.2 Spectral Response of Photocell. Verify from manufacturer's 
data that the photocell has a photopic response; i.e., the spectral 
sensitivity of the cell shall closely approximate the standard spectral-
luminosity curve for photopic vision which is referenced in (b) of Table 
A.
    3.3.2.3 Angle of View. Check construction geometry to ensure that 
the total angle of view of the smoke plume, as seen by the photocell, 
does not exceed 15 degrees. Calculate the total angle of view as 
follows:

[phis]v = 2 tan-1 d/2L

Where:

[phis]v = total angle of view;
d = the photocell diameter + the diameter of the limiting aperture; and
L = distance from the photocell to the limiting aperture.

    The limiting aperture is the point in the path between the photocell 
and the smoke plume where the angle of view is most restricted. In smoke 
generator smoke meters, this is normally an orifice plate.
    3.3.2.4 Angle of Projection. Check construction geometry to ensure 
that the total angle of projection of the lamp on the smoke plume does 
not exceed 15 degrees. Calculate the total angle of projection as 
follows:

[phis]p = 2 tan-1 d/2L

Where:

[phis]p = total angle of projection;

[[Page 140]]

d = the sum of the length of the lamp filament + the diameter of the 
limiting aperture; and
L = the distance from the lamp to the limiting aperture.

    3.3.2.5 Calibration Error. Using neutral-density filters of known 
opacity, check the error between the actual response and the theoretical 
linear response of the smoke meter. This check is accomplished by first 
calibrating the smoke meter according to 3.3.1 and then inserting a 
series of three neutral-density filters of nominal opacity of 20, 50, 
and 75 percent in the smoke meter path length. Use filters calibrated 
within 2 percent. Care should be taken when inserting the filters to 
prevent stray light from affecting the meter. Make a total of five 
nonconsecutive readings for each filter. The maximum opacity error on 
any one reading shall be 3 percent.
    3.3.2.6 Zero and Span Drift. Determine the zero and span drift by 
calibrating and operating the smoke generator in a normal manner over a 
1-hour period. The drift is measured by checking the zero and span at 
the end of this period.
    3.3.2.7 Response Time. Determine the response time by producing the 
series of five simulated 0 percent and 100 percent opacity values and 
observing the time required to reach stable response. Opacity values of 
0 percent and 100 percent may be simulated by alternately switching the 
power to the light source off and on while the smoke generator is not 
operating.

                              4. References

    1. U.S. Environmental Protection Agency. Standards of Performance 
for New Stationary Sources; appendix A; Method 9 for Visual 
Determination of the Opacity of Emissions from Stationary Sources. Final 
Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office. 
November 12, 1974.
    2. Office of Air and Radiation. ``Quality Assurance Guideline for 
Visible Emission Training Programs.'' EPA-600/S4-83-011. Quality 
Assurance Division. Research Triangle Park, N.C. May 1982.
    3. ``Method 9--Visible Determination of the Opacity of Emissions 
from Stationary Sources.'' February 1984. Quality Assurance Handbook for 
Air Pollution Measurement Systems. Volume III, section 3.1.2. Stationary 
Source Specific Methods. EPA-600-4-77-027b. August 1977. Office of 
Research and Development Publications, 26 West Clair Street, Cincinnati, 
OH.
    4. Office of Air Quality Planning and Standards. ``Opacity Error for 
Averaging and Nonaveraging Data Reduction and Reporting Techniques.'' 
Final Report-SR-1-6-85. Emission Measurement Branch, Research Triangle 
Park, N.C. June 1985.
    5. The U.S. Environmental Protection Agency. Preparation, Adoption, 
and Submittal of State Implementation Plans. Methods for Measurement of 
PM10 Emissions from Stationary Sources. Final Rule. Federal 
Register. Washington, DC. U.S. Government Printing Office. Volumes 55. 
No. 74. pps. 14246-14279. April 17, 1990.

  (ii) Method 203C--Visual Determination of Opacity of Emissions From 
       Stationary Sources for Instantaneous Limitation Regulations

    Method 203C is virtually identical to EPA's Method 9 (40 CFR Part 
60, Appendix A), except for the data-reduction procedures which have 
been modified for application to instantaneous limitation regulations. 
Additionally, Method 203C provides procedures for fugitive dust 
applications which were unavailable when Method 9 was promulgated. The 
certification procedures in section 3 are identical to Method 9. These 
certification procedures are provided in Method 203A as well, and, 
therefore, have not been repeated in this method.

                     1. Applicability and Principle

    1.1 Applicability. This method is applicable for the determination 
of the opacity of emissions from sources of visible emissions for 
instantaneous limitations. An instantaneous limitation regulation is an 
opacity limit which is never to be exceeded.
    1.2 Principle. The opacity of emissions from sources of visible 
emissions is determined visually by a qualified observer.

                              2. Procedures

    The observer qualified in accordance with section 3 of this method 
shall use the following procedures for visually determining the opacity 
of emissions.
    2.1 Procedures for Emissions From Stationary Sources. Same as 2.1, 
Method 203A.
    2.1.1 Position. Same as 2.1.1, Method 203A.
    2.1.2 Field Records. Same as 2.1.2, Method 203A.
    2.1.3 Observations. Make opacity observations at the point of 
greatest opacity in that portion of the plume where condensed water 
vapor is not present.
    Do not look continuously at the plume. Instead, observe the plume 
momentarily at the interval specified in the subject regulation. Unless 
otherwise specified, a 15-second observation interval is assumed.
    2.1.3.1 Attached Steam Plumes. Same as 2.1.3.1, Method 203A.
    2.1.3.2 Detached Steam Plumes. Same as 2.1.3.2, Method 203A.
    2.2 Procedures for Fugitive Process Dust Emissions.
    2.2.1 Position. Same as section 2.2.1, Method 203A.

[[Page 141]]

    2.2.2 Field Records. Same as section 2.2.2, Method 203A.
    2.2.3 Observations.
    2.2.3.1 Observations for a 15-second Observation Interval 
Regulations. Same as section 2.2.3, Method 203A.
    2.2.3.2 Observations for a 5-second Observation Interval 
Regulations. Same as section 2.2.3, Method 203A, except, observe the 
plume momentarily at 5-second intervals.
    2.3 Recording Observations. Record opacity observations to the 
nearest 5 percent at the prescribed interval on an observational record 
sheet. Each momentary observation recorded represents the average of 
emissions for the prescribed period. If a 5-second observation period is 
not specified in the applicable regulation, a 15-second interval is 
assumed. The overall time for which recordings are made shall be of a 
length appropriate to the regulation for which opacity is being 
measured.
    2.3.1 Recording Observations for 15-second Observation Interval 
Regulations. Record opacity observations to the nearest 5 percent at 15-
second intervals on an observational record sheet. Each momentary 
observation recorded represents the average of emissions for a 15-second 
period.
    2.3.2 Recording Observations for 5-second Observation Interval 
Regulations. Record opacity observations to the nearest 5 percent at 5-
second intervals on an observational record sheet. Each momentary 
observation recorded represents the average of emissions for 5-second 
period.
    2.4 Data Reduction for Instantaneous Limitation Regulations. For an 
instantaneous limitation regulation, a 1-minute averaging time will be 
used. Divide the observations recorded on the record sheet into sets of 
consecutive observations. A set is composed of the consecutive 
observations made in 1 minute. Sets need not be consecutive in time, and 
in no case shall two sets overlap. Reduce opacity observations by 
dividing the sum of all observations recorded in a set by the number of 
observations recorded in each set.
    2.4.1 Data Reduction for 15-second Observation Intervals. Reduce 
opacity observations by averaging four consecutive observations recorded 
at 15-second intervals. Divide the observations recorded on the record 
sheet into sets of four consecutive observations. For each set of four 
observations, calculate the average by summing the opacity of the four 
observations and dividing this sum by four.
    2.4.2 Data Reduction for 5-second Observation Intervals. Reduce 
opacity observations by averaging 12 consecutive observations recorded 
at 5-second intervals. Divide the observations recorded on the record 
sheet into sets of 12 consecutive observations. For each set of 12 
observations, calculate the average by summing the opacity of the 12 
observations and dividing this sum by 12.

                        3. Qualification and Test

    Same as section 3, Method 203A.

       TABLE A--Smoke Meter Design and Performance Specifications
------------------------------------------------------------------------
               Parameter                          Specification
------------------------------------------------------------------------
a. Light Source........................  Incandescent lamp operated at
                                          nominal rated voltage.
b. Spectral response of photocell......  Photopic (daylight spectral
                                          response of the human eye--
                                          Reference 4.1 of section 4.)
c. Angle of view.......................  15 degrees maximum total angle
d. Angle of projection.................  15 degrees maximum total angle.
e. Calibration error...................  3 percent opacity, maximum.
f. Zero and span drift.................  1 percent opacity, 30 minutes.
g. Response time.......................  [le]5 seconds.
------------------------------------------------------------------------

                             B. Silt Content

    Conduct the following test method to determine the silt loading and 
silt content of unpaved road and unpaved parking lot surfaces.
    (i) Collect a sample of loose surface material from an area 30 cm by 
30 cm (1 foot by 1 foot) in size to a depth of approximately 1 cm or 
until a hard subsurface is reached, whichever occurs first. Use a brush 
and dustpan or other similar device. Collect the sample from a 
routinely-traveled portion of the surface which receives a preponderance 
of vehicle traffic, i.e. as commonly evidenced by tire tracks. Conduct 
sweeping slowly so that fine surface material is not released into the 
air. Only collect samples from surfaces that are not wet or damp due to 
precipitation or dew.
    (ii) Obtain a shallow, lightweight container and a scale with 
readings in half ounce increments or less. Place the scale on a level 
surface and zero it with the weight of the empty container. Transfer the 
entire sample collected to the container, minimizing escape of particles 
into the air. Weigh the sample and record its weight.
    (iii) Obtain and stack a set of sieves with the following openings: 
4 mm, 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order 
according to size openings beginning with the largest size opening at 
the top.

[[Page 142]]

Place a collector pan underneath the bottom (0.25 mm) sieve. Pour the 
entire sample into the top sieve, minimizing escape of particles into 
the air by positioning the sieve/collector pan unit in an enclosed or 
wind barricaded area. Cover the sieve/collector pan unit with a lid. 
Shake the covered sieve/collector pan unit vigorously for a period of at 
least one (1) minute in both the horizontal and vertical planes. Remove 
the lid from the sieve/collector pan unit and disassemble each sieve 
separately beginning with the largest sieve. As each sieve is removed, 
examine it for a complete separation of material in order to ensure that 
all material has been sifted to the finest sieve through which it can 
pass. If not, reassemble and cover the sieve/collector pan unit and 
shake it for period of at least one (1) minute. After disassembling the 
sieve/collector pan unit, transfer the material which is captured in the 
collector pan into the lightweight container originally used to collect 
and weigh the sample. Minimize escape of particles into the air when 
transferring the material into the container. Weigh the container with 
the material from the collector pan and record its weight. Multiply the 
resulting weight by 0.38 if the source is an unpaved road or by 0.55 if 
the source is an unpaved parking lot to estimate silt loading. Divide by 
the total sample weight and multiply by 100 to arrive at the percent 
silt content.
    (iv) As an alternative to conducting the procedure described above 
in section I.B.(ii) and section I.B.(iii) of this appendix, the sample 
(collected according to section I.B.(i) of this appendix) may be taken 
to an independent testing laboratory or engineering facility for silt 
loading (e.g. net weight < 200 mesh) and silt content analysis according 
to the following test method from ``Procedures For Laboratory Analysis 
Of Surface/Bulk Dust Loading Samples'', (Fifth Edition, Volume I, 
Appendix C.2.3 ``Silt Analysis'', 1995), AP-42, Office of Air Quality 
Planning & Standards, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina.
    1. Objective--Several open dust emission factors have been found to 
be correlated with the silt content(< 200 mesh) of the material being 
disturbed. The basic procedure for silt content determination is 
mechanical, dry sieving. For sources other than paved roads, the same 
sample which was oven-dried to determine moisture content is then 
mechanically sieved.
    2.1 Procedure--Select the appropriate 20-cm (8-in.) diameter, 5-cm 
(2-in.) deep sieve sizes.
    Recommended U. S. Standard Series sizes are 3/8 in., No. 4, No. 40, 
No. 100, No. 140, No. 200, and a pan. Comparable Tyler Series sizes can 
also be used. The No. 20 and the No. 200 are mandatory. The others can 
be varied if the recommended sieves are not available, or if buildup on 
1 particulate sieve during sieving indicates that an intermediate sieve 
should be inserted.
    2.2 Obtain a mechanical sieving device, such as a vibratory shaker 
or a Roto-Tap [delta] 1 without the tapping 
function.
---------------------------------------------------------------------------

    \1\ CFR part 60, App. A, Meth. 5, 2.1.2, footnote 2.
---------------------------------------------------------------------------

    2.3 Clean the sieves with compressed air and/or a soft brush. Any 
material lodged in the sieve openings or adhering to the sides of the 
sieve should be removed, without handling the screen roughly, if 
possible.
    2.4 Obtain a scale (capacity of at least 1600 grams [g] or 3.5 lb) 
and record make, capacity, smallest division, date of last calibration, 
and accuracy. (See Figure A)
    2.5 Weigh the sieves and pan to determine tare weights. Check the 
zero before every weighing. Record the weights.
    2.6 After nesting the sieves in decreasing order of size, and with 
pan at the bottom, dump dried laboratory sample (preferably immediately 
after moisture analysis) into the top sieve. The sample should weigh 
between [cent] 400 and 1600 g ([cent] 0.9 and 3.5 lb). This amount will 
vary for finely textured materials, and 100 to 300 g may be sufficient 
when 90% of the sample passes a No. 8 (2.36 mm) sieve. Brush any fine 
material adhering to the sides of the container into the top sieve and 
cover the top sieve with a special lid normally purchased with the pan.
    2.7 Place nested sieves into the mechanical sieving device and sieve 
for 10 minutes (min). Remove pan containing minus No. 200 and weigh. 
Repeat the sieving at 10-min intervals until the difference between 2 
successive pan sample weighings (with the pan tare weight subtracted) is 
less than 3.0%. Do not sieve longer than 40 min.
    2.8 Weigh each sieve and its contents and record the weight. Check 
the zero before every weighing.
    2.9 Collect the laboratory sample. Place the sample in a separate 
container if further analysis is expected.
    2.10 Calculate the percent of mass less than the 200 mesh screen (75 
micrometers [[mgr]m]). This is the silt content.
    Figure A. Example silt analysis form.

                              Silt Analysis

Dated: _____
By: ____________
Sample No: ____ Sample Weight (after drying)
Material: ____
    Pan + Sample: ______
    Pan: ______
    Split Sample Balance: ______
    Dry Sample: _______
Make ______ Capacity: ______
Smallest Division ____
Final Weight ______

[[Page 143]]

% Silt = [Net Weight <200 Mesh] / [Total Net Weight x 100] =__%

                                 Sieving
------------------------------------------------------------------------
               Time: Start:                       Weight (Pan Only)
------------------------------------------------------------------------
Initial (Tare):
10 min:
20 min:
30 min:
40 min:
------------------------------------------------------------------------


----------------------------------------------------------------------------------------------------------------
                                                            Final weight (screen
              Screen                 Tare weight (screen)        + sample)         Net weight (sample)      %
----------------------------------------------------------------------------------------------------------------
\3/8\ in..........................
4 mesh............................
10 mesh...........................
20 mesh...........................
40 mesh...........................
100 mesh..........................
140 mesh..........................
200 mesh..........................
Pan...............................
----------------------------------------------------------------------------------------------------------------

    (v) The silt loading and percent silt content for any given unpaved 
road surface or unpaved parking lot surface shall be based on the 
average of at least three (3) samples that are representative of 
routinely-traveled portions of the road or parking lot surface. In order 
to simplify the sieve test procedures in section I.B.(ii) and section 
I.B.(iii) of this appendix, the three samples may be combined as long as 
all material is sifted to the finest sieve through which it can pass, 
each sample weighs within 1 ounce of the other two samples, and the 
combined weight of the samples and unit area from which they were 
collected is calculated and recorded accurately.

                             II. Vacant Lots

    The following test methods shall be used for determining whether a 
vacant lot, or portion thereof, has a stabilized surface.
    Should a disturbed vacant lot contain more than one type of 
disturbance, soil, vegetation or other characteristics which are visibly 
distinguishable, test each representative surface for stability 
separately in random areas according to the test methods in section II. 
of this appendix and include or eliminate it from the total size 
assessment of disturbed surface area(s) depending upon test method 
results. A vacant lot surface shall be considered stabilized if any of 
the test methods in section II. of this appendix indicate that the 
surface is stabilized such that the conditions defined in paragraph 
(b)(16)(ii) of this section are met:

                     1. Visible Crust Determination

    (i) Where a visible crust exists, drop a steel ball with a diameter 
of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17 
grams from a distance of 30 centimeters (one foot) directly above (at a 
90 degree angle perpendicular to) the soil surface. If blowsand is 
present, clear the blowsand from the surfaces on which the visible crust 
test method is conducted. Blowsand is defined as thin deposits of loose 
uncombined grains covering less than 50 percent of a vacant lot which 
have not originated from the representative vacant lot surface being 
tested. If material covers a visible crust which is not blowsand, apply 
the test method in section II.2 of this appendix to the loose material 
to determine whether the surface is stabilized.
    (ii) A sufficient crust is defined under the following conditions: 
once a ball has been dropped according to section II.1.(i) of this 
appendix, the ball does not sink into the surface so that it is 
partially or fully surrounded by loose grains and, upon removing the 
ball, the surface upon which it fell has not been pulverized so that 
loose grains are visible.
    (iii) Conduct three tests, dropping the ball once per test, within a 
survey area the size of one foot by one foot. The survey area shall be 
considered sufficiently crusted if at least two out of three tests meet 
the definition in section II.1.(ii) of this appendix. Select at least 
two other survey areas that represent the disturbed surface area and 
repeat this procedure. Whether a sufficient crust covers the disturbed 
surface area shall be based on a determination that all of the survey 
areas tested are sufficiently crusted.
    (iv) At any given site, the existence of a sufficient crust covering 
one portion of a disturbed surface may not represent the existence or 
protectiveness of a crust on another disturbed surface(s). Repeat the 
visible crust test as often as necessary on each representative 
disturbed surface area for an accurate assessment of all disturbed 
surfaces at a given site.

[[Page 144]]

          2. Determination of Threshold Friction Velocity (TFV)

    For disturbed surface areas that are not crusted or vegetated, 
determine threshold friction velocity (TFV) according to the following 
sieving field procedure (based on a 1952 laboratory procedure published 
by W. S. Chepil).
    (i) Obtain and stack a set of sieves with the following openings: 4 
millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in 
order according to size openings beginning with the largest size opening 
at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. 
Collect a sample of loose surface material from an area at least 30 cm 
by 30 cm in size to a depth of approximately 1 cm using a brush and 
dustpan or other similar device. Only collect soil samples from dry 
surfaces (i.e. when the surface is not damp to the touch). Remove any 
rocks larger than 1 cm in diameter from the sample. Pour the sample into 
the top sieve (4 mm opening) and cover the sieve/collector pan unit with 
a lid. Minimize escape of particles into the air when transferring 
surface soil into the sieve/collector pan unit. Move the covered sieve/
collector pan unit by hand using a broad, circular arm motion in the 
horizontal plane. Complete twenty circular arm movements, ten clockwise 
and ten counterclockwise, at a speed just necessary to achieve some 
relative horizontal motion between the sieves and the particles. Remove 
the lid from the sieve/collector pan unit and disassemble each sieve 
separately beginning with the largest sieve. As each sieve is removed, 
examine it for loose particles. If loose particles have not been sifted 
to the finest sieve through which they can pass, reassemble and cover 
the sieve/collector pan unit and gently rotate it an additional ten 
times. After disassembling the sieve/collector pan unit, slightly tilt 
and gently tap each sieve and the collector pan so that material aligns 
along one side. In doing so, minimize escape of particles into the air. 
Line up the sieves and collector pan in a row and visibly inspect the 
relative quantities of catch in order to determine which sieve (or 
whether the collector pan) contains the greatest volume of material. If 
a visual determination of relative volumes of catch among sieves is 
difficult, use a graduated cylinder to measure the volume. Estimate TFV 
for the sieve catch with the greatest volume using Table 1, which 
provides a correlation between sieve opening size and TFV.

  Table 1 (Metric Units)--Determination of Threshold Friction Velocity
                                  (TFV)
------------------------------------------------------------------------
                                                      Opening   TFV (cm/
                  Tyler Sieve No.                       (mm)       s)
------------------------------------------------------------------------
5..................................................       4         >100
10.................................................       2          100
18.................................................       1           76
35.................................................       0.5         58
60.................................................       0.25        43
Collector Pan......................................  .........        30
------------------------------------------------------------------------

    Collect at least three (3) soil samples which are representative of 
the disturbed surface area, repeat the above TFV test method for each 
sample and average the resulting TFVs together to determine the TFV 
uncorrected for non-erodible elements.
    (ii) Non-erodible elements are distinct elements on the disturbed 
surface area that are larger than one (1) cm in diameter, remain firmly 
in place during a wind episode and inhibit soil loss by consuming part 
of the shear stress of the wind. Non-erodible elements include stones 
and bulk surface material but do not include flat or standing 
vegetation. For surfaces with non-erodible elements, determine 
corrections to the TFV by identifying the fraction of the survey area, 
as viewed from directly overhead, that is occupied by non-erodible 
elements using the following procedure. Select a survey area of one (1) 
meter by 1 meter. Where many non-erodible elements lie on the disturbed 
surface area, separate them into groups according to size. For each 
group, calculate the overhead area for the non-erodible elements 
according to the following equations:

(Average length) x (Average width) = Average Dimensions    Eq. 1
(Average Dimensions) x (Number of Elements) = Overhead Area    Eq. 2
Overhead Area of Group 1 + Overhead Area of Group 2 (etc.) = Total 
Overhead Area    Eq. 3
Total Overhead Area/2 = Total Frontal Area Eq. 4
(Total Frontal Area/Survey Area) x 100 = Percent Cover of Non-erodible 
Elements    Eq. 5
(Ensure consistent units of measurement, e.g. square meters or square 
inches when calculating percent cover.)

    Repeat this procedure on an additional two (2) distinct survey areas 
representing a disturbed surface and average the results. Use Table 2 to 
identify the correction factor for the percent cover of non-erodible 
elements. Multiply the TFV by the corresponding correction factor to 
calculate the TFV corrected for non-erodible elements.

[[Page 145]]



       Table 2--Correction Factors for Threshold Friction Velocity
------------------------------------------------------------------------
   Percent cover of non-erodible elements         Correction factor
------------------------------------------------------------------------
[ge]10%....................................  5
[ge]5% and < 10%...........................  3
< 5% and [ge] 1%...........................  2
< 1%.......................................  None.
------------------------------------------------------------------------

                3. Determination of Flat Vegetation Cover

    Flat vegetation includes attached (rooted) vegetation or unattached 
vegetative debris lying on the surface with a predominant horizontal 
orientation that is not subject to movement by wind. Flat vegetation 
which is dead but firmly attached shall be considered equally protective 
as live vegetation. Stones or other aggregate larger than one centimeter 
in diameter shall be considered protective cover in the course of 
conducting the line transect method. Where flat vegetation exists, 
conduct the following line transect method.
    (i) Stretch a one-hundred (100) foot measuring tape across a 
disturbed surface area. Firmly anchor both ends of the measuring tape 
into the surface using a tool such as a screwdriver with the tape 
stretched taut and close to the soil surface. If vegetation exists in 
regular rows, place the tape diagonally (at approximately a 45 degree 
angle) away from a parallel or perpendicular position to the vegetated 
rows. Pinpoint an area the size of a \3/32\ inch diameter brazing rod or 
wooden dowel centered above each one-foot interval mark along one edge 
of the tape. Count the number of times that flat vegetation lies 
directly underneath the pinpointed area at one-foot intervals. 
Consistently observe the underlying surface from a 90 degree angle 
directly above each pinpoint on one side of the tape. Do not count the 
underlying surface as vegetated if any portion of the pinpoint extends 
beyond the edge of the vegetation underneath in any direction. If clumps 
of vegetation or vegetative debris lie underneath the pinpointed area, 
count the surface as vegetated unless bare soil is visible directly 
below the pinpointed area. When 100 observations have been made, add 
together the number of times a surface was counted as vegetated. This 
total represents the percent of flat vegetation cover (e.g. if 35 
positive counts were made, then vegetation cover is 35 percent). If the 
disturbed surface area is too small for 100 observations, make as many 
observations as possible. Then multiply the count of vegetated surface 
areas by the appropriate conversion factor to obtain percent cover. For 
example, if vegetation was counted 20 times within a total of 50 
observations, divide 20 by 50 and multiply by 100 to obtain a flat 
vegetation cover of 40 percent.
    (ii) Conduct the above line transect test method an additional two 
(2) times on areas representative of the disturbed surface and average 
results.

              4. Determination of Standing Vegetation Cover

    Standing vegetation includes vegetation that is attached (rooted) 
with a predominant vertical orientation. Standing vegetation which is 
dead but firmly rooted shall be considered equally protective as live 
vegetation. Conduct the following standing vegetation test method to 
determine if 30 percent cover or more exists. If the resulting percent 
cover is less than 30 percent but equal to or greater than 10 percent, 
then conduct the Threshold Friction Velocity test in section II.2 of 
this appendix in order to determine whether the disturbed surface area 
is stabilized according to paragraph (b)(16)(ii)(E) of this section.
    (i) For standing vegetation that consists of large, separate 
vegetative structures (for example, shrubs and sagebrush), select a 
survey area representing the disturbed surface that is the shape of a 
square with sides equal to at least ten (10) times the average height of 
the vegetative structures. For smaller standing vegetation, select a 
survey area of three (3) feet by 3 feet.
    (ii) Count the number of standing vegetative structures within the 
survey area. Count vegetation which grows in clumps as a single unit. 
Where different types of vegetation exists and/or vegetation of 
different height and width exists, separate the vegetative structures 
with similar dimensions into groups. Count the number of vegetative 
structures in each group within the survey area. Select an individual 
structure within each group that represents the average height and width 
of the vegetation in the group. If the structure is dense (i.e. when 
looking at it vertically from base to top there is little or zero open 
air space within its perimeter), calculate and record its frontal 
silhouette area according to Equation 6 of this appendix. Also use 
Equation 6 if the survey area is larger than nine square feet, 
estimating the average height and width of the vegetation. Otherwise, 
use the procedure in section II.4.(iii) of this appendix to calculate 
the Frontal Silhouette Area. Then calculate the percent cover of 
standing vegetation according to Equations 7, 8 and 9 of this appendix. 
(Ensure consistent units of measurement, e.g. square feet or square 
inches when calculating percent cover.)
    (iii) Vegetative Density Factor. Cut a single, representative piece 
of vegetation (or consolidated vegetative structure) to within 1 cm of 
surface soil. Using a white paper grid or transparent grid over white 
paper, lay the vegetation flat on top of the grid (but do not apply 
pressure to flatten the structure). Grid boxes of one inch or one half 
inch squares are sufficient for most vegetation when conducting this 
procedure. Using a marker or pencil, outline the shape of the vegetation

[[Page 146]]

along its outer perimeter according to Figure B, C or D of this 
appendix, as appropriate. (Note: Figure C differs from Figure D 
primarily in that the width of vegetation in Figure C is narrow at its 
base and gradually broadens to its tallest height. In Figure D, the 
width of the vegetation generally becomes narrower from its midpoint to 
its tallest height.) Remove the vegetation and count and record the 
total number of gridline intersections within the outlined area, but do 
not count gridline intersections that connect with the outlined shape. 
There must be at least 10 gridline intersections within the outlined 
area and preferably more than 20, otherwise, use smaller grid boxes. 
Draw small circles (no greater than a \3/32\ inch diameter) at each 
gridline intersection counted within the outlined area. Replace the 
vegetation on the grid within its outlined shape. From a distance of 
approximately two feet directly above the grid, observe each circled 
gridline intersection. Count and record the number of circled gridline 
intersections that are not covered by any piece of the vegetation. To 
calculate percent vegetative density, use Equations 10 and 11 of this 
appendix. If percent vegetative density is equal to or greater than 30, 
use the equation (Eq. 14, 15 or 16) that matches the outline used to 
trace the vegetation (Figure B, C or D) to calculate its Frontal 
Silhouette Area. If percent vegetative density is less than 30, use 
Equations 12 and 13 of this appendix to calculate the Frontal Silhouette 
Area.
    (iv) Within a disturbed surface area that contains multiple types of 
vegetation with each vegetation type uniformly distributed, results of 
the percent cover associated with the individual vegetation types may be 
added together.
    (v) Repeat this procedure on an additional two (2) distinct survey 
areas representing the disturbed surface and average the results.

Height x Width = Frontal Silhouette Area    Eq. 6
(Frontal Silhouette Area of Individual Vegetative Structure) x Number of 
Vegetation Structures Per Group = Group Frontal Silhouette Area of Group  
  Eq. 7
Frontal Silhouette Area of Group 1 + Frontal Silhouette Area of Group 2 
(etc.) = Total Frontal Silhouette Area    Eq. 8
(Total Frontal Silhouette Area/Survey Area) x 100 = Percent Cover of 
Standing Vegetation    Eq. 9
[(Number of circled gridlines within the outlined area counted that are 
not covered by vegetation / Total number of gridline intersections 
within the outlined area) x 100] = Percent Open Space    Eq. 10
100 = Percent Open Space = Percent Vegetative Density    Eq. 11
Percent Vegetative Density/100 = Vegetative Density    Eq. 12
[GRAPHIC] [TIFF OMITTED] TR21DE99.000


[[Page 147]]


[GRAPHIC] [TIFF OMITTED] TR21DE99.001

                        Alternative Test Methods

    Alternative test methods may be used upon obtaining the written 
approval of the EPA.

[64 FR 71308, Dec. 21, 1999]



Sec. 52.129  Review of new sources and modifications.

    (a) [Reserved]
    (b) National standards not met. The requirements of Sec. 51.160(a) of 
this chapter are not met in the Pima Intrastate Region since the Rules 
and Regulations of the Pima County Air Pollution Control

[[Page 148]]

District are not adequate to prevent construction or modification of a 
source which would interfere with the attainment or maintenance of the 
national standards.
    (c) Regulation for review of new sources and modifications. (1) The 
requirements of this paragraph are applicable to any stationary source 
in the Pima Intrastate Region (Sec. 81.269 of this chapter), the 
construction or modification of which iscommenced after the effective 
date of this regulation.
    (2) No owner or operator shall commence construction or modification 
of any new source after the effective date of this regulation without 
first obtaining approval from the Administrator of the location of such 
source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator, or by other means prescribed by 
the Administrator.
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
stack data, and the nature and amount of emissions. Such information 
shall be sufficient to enable the Administrator to make any 
determination pursuant to paragraph (c)(3) of this section.
    (v) Any additional information, plans, specifications, evidence or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that the source 
will not prevent or interfere with attainment or maintenance of any 
national standard.
    (4)(i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (c)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.
    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.
    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this paragraph shall 
be sent to the applicant and to state and local air pollution control 
agencies, having cognizance over the location where the source will be 
situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the closeof the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on an application 
within thirty (30) days after the close of the public comment period. 
The Administrator shall notify the applicant in writing of his approval, 
conditional approval, or denial of the application, and

[[Page 149]]

shall set forth his reasons for conditional approval or denial. Such 
notification shall be made available for public inspection in at least 
one location in the region in which the source would be located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (c)(4) (ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.
    (5) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (6) Approval to construct or modify shall not relieve any owner or 
operator of the responsibility to comply with any local, State or 
Federal regulation which is part of the applicable plan.
    (7) Approval to construct or modify shall not be required for:
    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Airconditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators, 
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain 
H2 S per 100 stdft 3 (45.8 g/100 
stdm 3); has a heat input of not more than 1 MBtu/h (250 Mg-
cal/h) and burns only distillate oil; or has a heat input of not more 
than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analysis.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (8) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (d) Regulation for review of new sources and modifications: Federal 
Regulations. (1) This requirement is applicable to any stationary source 
subject to the requirements of Sec. 52.126(b), the construction or 
modification of which is commenced after the effective date of this 
regulation.
    (2) No owner or operator shall commence construction or modification 
of any stationary source after the effective date of this regulation, 
without first obtaining approval from the Administrator of the location 
and design of such source.
    (i) Application for approval to construct or modify shall be made on 
forms furnished by the Administrator, or by other means prescribed by 
the Administrator.
    (ii) A separate application is required for each source.
    (iii) Each application shall be signed by the applicant.
    (iv) Each application shall be accompanied by site information, 
plans, descriptions, specifications, and drawings showing the design of 
the source, the nature and amount of emissions, and the manner in which 
it will be operated and controlled.
    (v) Any additional information, plans, specifications, evidence, or 
documentation that the Administrator may require shall be furnished upon 
request.
    (3) No approval to construct or modify will be granted unless the 
applicant shows to the satisfaction of the Administrator that the source 
will operate without causing a violation of Sec. 52.126(b).
    (4)(i) Within twenty (20) days after receipt of an application to 
construct, or any addition to such application, the Administrator shall 
advise the owner or operator of any deficiency in the information 
submitted in support of the application. In the event of such a 
deficiency, the date of receipt of the application for the purpose of 
paragraph (d)(4)(ii) of this section, shall be the date on which all 
required information is received by the Administrator.

[[Page 150]]

    (ii) Within thirty (30) days after receipt of a complete 
application, the Administrator shall:
    (a) Make a preliminary determination whether the source should be 
approved, approved with conditions, or disapproved.
    (b) Make available in at least one location in each region in which 
the proposed source would be constructed, a copy of all materials 
submitted by the owner or operator, a copy of the Administrator's 
preliminary determination and a copy or summary of other materials, if 
any, considered by the Administrator in making his preliminary 
determination; and
    (c) Notify the public, by prominent advertisement in a newspaper of 
general circulation in each region in which the proposed source would be 
constructed, of the opportunity for written public comment on the 
information submitted by the owner or operator and the Administrator's 
preliminary determination on the approvability of the source.
    (iii) A copy of the notice required pursuant to this paragraph shall 
be sent to the applicant and to state and local air pollution control 
agencies, having cognizance over the location where the source will be 
situated.
    (iv) Public comments submitted in writing within thirty (30) days 
after the date such information is made available shall be considered by 
the Administrator in making his final decision on the application. No 
later than ten (10) days after the close of the public comment period, 
the applicant may submit a written response to any comment submitted by 
the public. The Administrator shall consider the applicant's response in 
making his final decision. All comments shall be made available for 
public inspection in at least one location in the region in which the 
source would be located.
    (v) The Administrator shall take final action on an application 
within thirty (30) days after the close of the public comment period. 
The Administrator shall notify the applicant in writing of his approval, 
conditional approval, or denial of the application, and shall set forth 
his reasons for conditional approval or denial. Such notification shall 
be made available for public inspection in at least one location in the 
region in which the source would be located.
    (vi) The Administrator may extend each of the time periods specified 
in paragraph (d)(4)(ii), (iv) or (v) of this section by no more than 30 
days, or such other period as agreed to by the applicant and the 
Administrator.
    (5) The Administrator may impose any reasonable conditions upon an 
approval including conditions requiring the source to be provided with:
    (i) Sampling ports of a size, number, and location as the 
Administrator may require,
    (ii) Safe access to each port,
    (iii) Instrumentation to monitor and record emission data, and
    (iv) Any other sampling and testing facilities.
    (6) The Administrator may cancel an approval if the construction is 
not begun within 2 years from the date of issuance, or if during the 
construction, work is suspended for 1 year.
    (7) Any owner or operator subject to the provisions of this 
regulation shall furnish the Administrator written notification as 
follows:
    (i) A notification of the anticipated date of initial startup of 
source not more than 60 days or less than 30 days prior to such date.
    (ii) A notification of the actual date of initial startup of a 
source within 15 days after such date.
    (8) Within 60 days after achieving the maximum production rate at 
which the source will be operated but not later than 180 days after 
initial startup of such source, the owner or operator of such source 
shall conduct a performance test(s) in accordance with the methods and 
under operating conditions approved by the Administrator and furnish the 
Administrator a written report of the results of such performance test.
    (i) Such test shall be at the expense of the owner or operator.
    (ii) The Administrator may monitor such test and also may conduct 
performance tests.
    (iii) The owner or operator of a source shall provide the 
Administrator 15 days prior notice of the performance test to afford the 
Administrator the

[[Page 151]]

opportunity to have an observer present.
    (iv) The Administrator may waive the requirement for performance 
tests if the owner or operator of a source has demonstrated by other 
means to the Administrator's satisfaction that the source is being 
operated in compliance with the requirements of Sec. 52.126(b).
    (9) Approval to construct or modify shall not relieve the owner or 
operator of the responsibility to comply with all local, State, or 
Federal regulations which are part of the applicable plan.
    (10) Approval to construct or modify shall not be required for:
    (i) The installation or alteration of an air pollutant detector, air 
pollutants recorder, combustion controller, or combustion shutoff.
    (ii) Air-conditioning or ventilating systems not designed to remove 
air pollutants generated by or released from equipment.
    (iii) Fuel burning equipment, other than smokehouse generators, 
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain 
H2 S per 100 stdft 3 (45.8 g/100 
stdm 3); has a heat input of not more than 1 MBtu/h (250 Mg-
cal/h) and burns only distillate oil; or has a heat input of not more 
than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.
    (iv) Mobile internal combustion engines.
    (v) Laboratory equipment used exclusively for chemical or physical 
analyses.
    (vi) Other sources of minor significance specified by the 
Administrator.
    (11) Any owner or operator who constructs, modifies, or operates a 
stationary source not in accordance with the application, as approved 
and conditioned by the Administrator, or any owner or operator of a 
stationary source subject to this paragraph who commences construction 
or modification without applying for and receiving approval hereunder, 
shall be subject to enforcement action under section 113 of the Act.
    (e) Delegation of authority. (1) The Administrator shall have the 
authority to delegate responsibility for implementing the procedures for 
conducting source review pursuant to this section in accordance with 
paragraphs (g) (2), (3), and (4) of this section.
    (2) Where the Administrator delegates the responsibility for 
implementing the procedures for conducting source review pursuant to 
this section to any Agency, other than a Regional Office of the 
Environmental Protection Agency, a copy of the notice pursuant to 
paragraphs (c)(4)(iii) and (d)(4)(iii) of this section shall be sent to 
the Administrator through the appropriate Regional Office.
    (3) In accordance with Executive Order 11752, the Administrator's 
authority for implementing the procedures for conducting source review 
pursuant to this section shall not be delegated, other than to a 
Regional Office of the Environmental Protection Agency, for new or 
modified sources which are owned or operated by the Federal government 
or for new or modified sources located on Federal lands; except that, 
with respect to the latter category, where new or modified sources are 
constructed or operated on Federal lands pursuant to leasing or other 
Federal agreements, the Federal Land Manager may at his discretion, to 
the extent permissible under applicable statutes and regulations, 
require the lessee or permittee to be subject to new source review 
requirements which have been delegated to a state or local agency 
pursuant to this paragraph.
    (4) The Administrator's authority for implementing the procedures 
for conducting source review pursuant to this section shall not be 
redelegated, other than to a Regional Office of the Environmental 
Protection Agency, for new or modified sources which are located in 
Indian reservations except where the State has assumed jurisdiction over 
such land under other laws, in which case the Administrator may delegate 
his authority to the States in accordance with paragraphs (g)(2), (3), 
and (4) of this section.

[37 FR 15081, July 27, 1972, as amended at 38 FR 12705, May 14, 1973; 39 
FR 7279, Feb. 25, 1974; 39 FR 28285, Aug. 8, 1974; 40 FR 50268, Oct. 29, 
1975; 45 FR 67346, Oct. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 
33922, June 29, 1995]

[[Page 152]]



Sec. 52.130  Source surveillance.

    (a) The requirements of Sec. 51.211 of this chapter are not met since 
the plan does not contain legally enforceable procedures for requiring 
sources in the Northern Arizona, Mohave-Yuma, Central Arizona, and 
Southeast Arizona Intrastate Regions to maintain records of and 
periodically report on the nature and amounts of emissions.
    (b) The requirements of Sec. 51.213 of this chapter are not met because 
the plan does not provide procedures for obtaining and maintaining data 
on actual emission reductions achieved as a result of implementing 
transportation control measures.
    (c) Regulation for source recordkeeping and reporting. (1) The owner 
or operator of any stationary source in the Northern Arizona, Mohave-
Yuma, Central Arizona, or Southeast Arizona Intrastate Region 
(Secs. 81.270, 81.268, 81.271, and 81.272 of this chapter) shall, upon 
notification from the Administrator, maintain records of the nature and 
amounts of emissions from such source or any other information as may be 
deemed necessary by the Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures.
    (2) The information recorded shall be summarized and reported to the 
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, except that the initial reporting period shall 
commence on the date the Administrator issues notification of the 
recordkeeping requirements.
    (3) Information recorded by the owner or operator and copies of the 
summarizing reports submitted to the 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. All such emission data will be available during 
normal business hours at the regional office (region IX). The 
Administrator will designate one or more places in Arizona where such 
emission data and correlations will be available for public inspection.
    (d) The requirements of Sec. 51.214 of this chapter are not met since 
the plan does not contain legally enforceable procedures for requiring 
certain stationary sources subject to emission standards to install, 
calibrate, operate, and maintain equipment for continuously monitoring 
and recording emissions, and to provide other information as specified 
in Appendix P of part 51 of this chapter.
    (e) The requirements of Sec. 51.214 of this chapter are not met since 
the plan does not provide sufficient regulations to meet the minimum 
specifications of Appendix P in the Maricopa Intrastate Region. 
Additionally, Maricopa County Air Pollution Control Regulation IV, rule 
41, paragraph B, sections 6.0-6.4 (Special Consideration) is disapproved 
since it does not contain the specific criteria for determining those 
physical limitations or extreme economic situations where alternative 
monitoring requirements would be applicable.

[37 FR 15081, July 27, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 52.130, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Secs. 52.131-52.132  [Reserved]



Sec. 52.133  Rules and regulations.

    (a) Regulation 7-1-1.4(A) (Exceptions) of the Arizona Rules and 
Regulations for Air Pollution Control, regulations 12-3-2 (Emission 
Standards) of the Coconino County Rules and Regulations for Air 
Pollution Control, section 3, regulation 5 (Exceptions) of the Mohave 
County Air Pollution Control Regulations, regulation 8-1-1.6 
(Exceptions) of the Yuma County Air Pollution Control Regulations, and 
regulation 7-1-2.8 (Exceptions) of the Rules and Regulations for Pinal-
Gila Counties Air Quality Control District all provide for an exemption 
from enforcement action if the violation is attributable to certain 
events. These events are too broad in scope and the source can obtain 
the exemption merely by reporting the occurrence. Therefore, the above 
regulations are disapproved

[[Page 153]]

since these regulations make all approved emission limiting regulations 
potentially unenforceable.
    (b) Paragraph E of regulation 7-1-1.3 (R9-3-103) (Air Pollution 
Prohibited) prohibits any person from causing ground level 
concentrations to exceed ambient standards outside the boundaries of 
this operation. This regulation could allow violations of ambient air 
quality standards to occur in areas to which the public has access, 
contrary to the requirements of section 110(a)(1) of the Clean Air Act. 
Therefore, paragraph E of regulation 7-1-1.3 (R9-3-103) of the Arizona 
Rules and Regulations for Air Pollution Control is disapproved.
    (c) The requirements of subpart G and Sec. 51.281 of this chapter are 
not met since the plan does not provide any enforceable regulations and 
a demonstration that such regulations will cause the attainment and 
maintenance of national ambient air quality standards in Graham and 
Greenlee Counties.
    (d) Section 3, regulation 4 (Ground Level Concentrations) of the 
Mohave County Air Pollution Control Regulations, paragraph E of 
regulation 8-1-1.3 (Air Pollution Prohibited) of the Yuma County Air 
Pollution Control Regulations, and paragraph C of regulation 7-1-1.3 
(Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila 
Counties Air Quality Control District prohibits any person from causing 
ground level concentrations to exceed ambient standards outside the 
boundaries of hisoperation. These regulations could allow violations of 
ambient air quality standards to occur in areas to which the general 
public has access, contrary to the requirements of section 110(a)(1) of 
the Clean Air Act. Therefore, these regulations are disapproved.
    (e) Rule R18-2-702 of the Arizona Department of Environmental 
Quality Rules and Regulations sets an opacity standard for emissions 
from stationary sources of PM-10. The standard does not fulfill the 
RACM/RACT requirements of section 189(a) of the CAA. The rule also does 
not comply with enforceability requirements of section 110(a) and SIP 
relaxation requirements of sections 110(l) and 193. Therefore, Rule R18-
2-702 submitted on July 15, 1998 is disapproved.
    (f) Rules 1-3-130 and 3-1-020 submitted on November 27, 1995 of the 
Pinal County Air Quality Control District regulations have limited 
enforceability because they reference rules not contained in the Arizona 
State Implementation Plan. Therefore, these rules are removed from the 
Arizona State Implementation Plan.
    (g) Rules 1-2-110, 1-3-130, 3-1-020, and 4-1-010 submitted on 
October 7, 1998 of the Pinal County Air Quality Control District 
regulations have limited enforceability because they reference rules not 
contained in the Arizona State Implementation Plan. Therefore, these 
rules are disapproved.

[37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978; 
43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986; 67 FR 
59460, Sept. 23, 2002; 67 FR 68767, Nov. 13, 2002]



Sec. 52.134  Compliance schedules.

    (a) Federal compliance schedule. (1) Except as provided in paragraph 
(a)(2) of this section, the owner or operator of any stationary source 
subject to Sec. 52.126(b) shall comply with such regulation on or before 
January 31, 1974. The owner or operator of the source subject to Sec. 
52.125(c) shall comply with such regulation at initial start-up of such 
source unless a compliance schedule has been submitted pursuant to 
paragraph (a)(2) of this section.
    (i) Any owner or operator in compliance with Sec. 52.126(b) on the 
effective date of this regulation shall certify such compliance to the 
Administrator no later than 120 days following the effective date of 
this paragraph.
    (ii) Any owner or operator who achieves compliance with Sec. 52.125(c) 
or Sec. 52.126(b) after the effective date of this regulation shall certify 
such compliance to the Administrator within 5 days of the date 
compliance is achieved.
    (2) Any owner or operator of the stationary source subject to Sec. 
52.125(c) and paragraph (a)(1) of this section may, no later than July 
23, 1973, submit to the Administrator for approval a proposed compliance 
schedule that demonstrates compliance with Sec. 52.125(c) as expeditiously 
as practicable but not later than July 31, 1977. Any owner or operator 
of a stationary source subject to Sec. 52.126(b) and paragraph (a)(1) of 
this

[[Page 154]]

section may, no later than 120 days following the effective date of this 
paragraph, submit to the Administrator for approval a proposed 
compliance schedule that demonstrates compliance with Sec. 52.126(b) as 
expeditiously as practicable but not later than July 31, 1975.
    (i) The compliance schedule shall provide for periodic increments of 
progress toward compliance. The dates for achievement of such increments 
shall be specified. Increments of progress shall include, but not be 
limited to: Submittal of the final control plan to the Administrator; 
letting of necessary contracts for construction or process change, or 
issuance of orders for the purchase of component parts to accomplish 
emission control equipment or process modification; completion of onsite 
construction or installation of emission control equipment or process 
modification; and final compliance.
    (ii) Any compliance schedule for the stationary source subject to Sec. 
52.125(c) which extends beyond July 31, 1975, shall apply any reasonable 
interim measures of control designed to reduce the impact of such source 
on public health.
    (3) Any owner or operator who submits a compliance schedule pursuant 
to this paragraph shall, within 5 days after the deadline for each 
increment of progress, certify to the Administrator whether or not the 
required increment of the approved compliance schedule has been met.

[38 FR 12705, May 14, 1973, as amended at 39 FR 10584, Mar. 21, 1974; 39 
FR 43277, Dec. 12, 1974; 40 FR 3994, Jan. 27, 1975; 54 FR 25258, June 
14, 1989]



Sec. 52.135  Resources.

    (a) The requirements of Sec. 51.280 of this chapter are not met because 
the transportation control plan does not contain a sufficient 
description of resources available to the State and local agencies and 
of additional resources needed to carry out the plan during the 5-year 
period following submittal.

[38 FR 16564, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]



Sec. 52.136  Control strategy for ozone: Oxides of nitrogen.

    EPA is approving an exemption request submitted by the State of 
Arizona on April 13, 1994 for the Maricopa County ozone nonattainment 
area from the NOX RACT requirements contained in section 
182(f) of the Clean Air Act. This approval exempts the Phoenix area from 
implementing the NOX requirements for RACT, new source review 
(NSR), and the applicable general and transportation conformity and 
inspection and maintenance (I/M) requirements of the CAA. The exemption 
is based on Urban Airshed Modeling as lasts for only as long as the 
area's modeling continues to demonstrate attainment without 
NOX reductions from major stationary sources.

[60 FR 19515, Apr. 19, 1995]



Sec. 52.137  [Reserved]



Sec. 52.138  Conformity procedures.

    (a) Purpose. The purpose of this regulation is to provide procedures 
as part of the Arizona carbon monixide implementation plans for 
metropolitan transportation planning organizations (MPOs) to use when 
determining conformity of transportationplans, programs, and projects. 
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs 
from approving any project, program, or plan which does not conform to 
an implementation plan approved or promulgated under section 110.
    (b) Definitions.
    (1) Applicable implementation plan or applicable plan means the 
portion (or portions) of the implementation plan, or most recent 
revision thereof, which has been approved under section 110 of the Clean 
Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA, 
42 U.S.C. 7410(c).
    (2) Carbon monoxide national ambient air quality standard (CO NAAQS) 
means the standards for carbon monoxide promulgated by the Administrator 
under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40 
CFR 50.8
    (3) Cause means resulting in a violation of the CO NAAQS in an area 
which previously did not have ambient CO concentrations above the CO 
NAAQS.

[[Page 155]]

    (4) Contribute means resulting in measurably higher average 8-hour 
ambient CO concentrations over the NAAQS or an increased number of 
violations of the NAAQS in an area which currently experiences CO levels 
above the standard.
    (5) Metropolitan planning organization (MPO) means the organization 
designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific 
purposes of this regulation, MPO means either the Maricopa Association 
of Governments or the Pima Association of Governments.
    (6) Nonattainment area means for the specific purpose of this 
regulation either the Pima County carbon monoxide nonattainment area as 
described in 40 CFR 81.303 or the Maricopa County carbon monoxide 
nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban 
planning area).
    (7) Transportation control measure (TCM) means any measure in an 
applicable implementation plan which is intended to reduce emissions 
from transportation sources.
    (8) Transportation improvement program (TIP) means the staged 
multiyear program of transportation improvements including an annual (or 
biennial) element which is required in 23 CFR part 450.
    (9) Unified planning work program or UPWP means the program required 
by 23 CFR 450.108(c) and endorsed by the metropolitan planning 
organization which describes urban transportation and transportation-
related planning activities anticipated in the area during the next 1- 
to 2-year period including the planning work to be performed with 
federal planning assistance and with funds available under the Urban 
Mass Transportation Act (49 U.S.C.) section 9 or 9A. UPWPs are also 
known as overallwork programs or OWPs.
    (c) Applicability. These procedures shall apply only to the Maricopa 
Association of Governments in its role as the designated metropolitan 
planning organization for Maricopa County, Arizona, and the Pima 
Association of Governments in its role as the designated metropolitan 
planning organization for Pima County, Arizona.
    (d) Procedures-- (1) Transportation Plans and Transportation 
Improvement Programs-- (i) Documentation. The MPO shall prepare for each 
transportation plan and program (except for the unified planning work 
program), as part of the plan or program, a report documenting for each 
plan and program the following information:
    (A) the disaggregated population projections and employment which 
were assumed in:
    (1) the applicable plan, and
    (2) the transportation plan/program;
    (B) the levels of vehicle trips, vehicle miles traveled, and 
congestion that were:
    (1) assumed in the applicable plan, and
    (2) expected to result from the implementation of the plan/program 
over the period covered by the applicable plan considering any growth 
likely to result from the implementation of the plan/program;
    (C) for each major transportation control measure in the applicable 
implementation plan;
    (1) the TCM's implementation schedule and, if determined in the 
applicable plan, expected effectiveness in reducing CO emissions,
    (2) the TCM's current implementation status and, if feasible, its 
current effectiveness in reducing CO emissions, and
    (3) actions in the plan/program which may beneficially or adversely 
affect the implementation and/or effectiveness of the TCM;
    (D) the CO emission levels resulting from the implementation of the 
plan/program over the period covered by the applicable plan considering 
any growth likely to result from the implementation of the plan/program; 
and
    (E) the ambient CO concentration levels, micro-scale and regional, 
resulting from the implementation of the plan/program over the period 
covered by the applicable plan considering any growth likely to result 
from the implementation of the plan or program.
    (ii) Findings. Prior to approving a transportation plan/program, the 
MPO shall determine if the plan/program conforms to the applicable 
implementation plan. In making this determination, the MPO shall make 
and support each of the following findings for each transportation plan 
and program using

[[Page 156]]

the information documented in paragraph (d)(1)(i) of this section:
    (A) that implementation of the transportation plan/program will 
provide for the implementation of TCMs in the applicable plan on the 
schedule set forth in the applicable plan;
    (B) that CO emission levels, microscale and regional, resulting from 
the implementation of the plan/program will not delay attainment or 
achievement of any interim emission reductions needed for attainment 
and/or interfere with maintenance of the CONAAQS throughout the 
nonattainment area during the period covered by the applicable plan; and
    (C) that implementation of the plan/program would not cause or 
contribute to a violation of the CO NAAQS anywhere within the 
nonattainment area during the period covered by the applicable plan.
    (2) Amendments to a Transportation Plan or Transportation 
Implementation Program. Prior to approving any amendment to a 
transportation plan or program, the MPO shall first determine that the 
amendment does not substantially change the information provided under 
paragraph (d)(1)(i) of this section and does not change the findings in 
paragraph (d)(1)(ii) of this section with respect to the original plan 
or program.
    (3) Transportation Projects. As part of any individual 
transportation project approval made by the MPO, the MPO shall determine 
whether the project conforms to the applicable implementation plan using 
the following procedure:
    (i) For projects from a plan and TIP that has been found to conform 
under procedures in paragraph (d)(1) of this section within the last 
three years or from a Plan or TIP amendment that has been found to 
conform under procedures in paragraph (d)(2) of this section in the past 
three years, the MPO shall document as part of the approval document:
    (A) the TIP project number;
    (B) whether the project is an exempt project as defined in paragraph 
(e) of this section; and
    (C) whether the design and scope of the project has changed 
significantly from the design and scope of the project as described in 
the conforming TIP:
    (1) If the design and scope of the project has not changed 
significantly, the MPO may find the project conforming; or
    (2) If the design and scope of the project has changed significantly 
or the design and scope of the project could not be determined from the 
TIP, the MPO shall use the procedures in paragraph (d)(3)(ii) of this 
section to determine if the project conforms to the applicable 
implementation plan.
    (ii) For projects not exempted under paragraph (e) of this section 
and not in a plan or a TIP that has been found to conform under 
procedures in paragraph (d)(1) of this section within the last three 
years:
    (A) Documentation. The MPO shall document as part of the approval 
document for each such project:
    (1) the disaggregated population and employment projections, to the 
extent they are used in
    (i) the applicable plan, and
    (ii) designing and scoping the project;
    (2) the levels of vehicle trips, vehicle miles traveled, and 
congestion that are
    (i) assumed in the applicable plan, and
    (ii) expected to result over the period covered by the applicable 
plan from the construction of the project considering any growth likely 
to result from the project;
    (3) for each transportation control measure in the applicable plan 
likely to be affected by the project:
    (i) its implementation schedule and expected emission reduction 
effectiveness from the applicable plan,
    (ii) its current implementation status and, if feasible, its current 
effectiveness, and
    (iii) any actions as part of the project which may beneficially or 
adversely affect the implementation and/or effectiveness of the TCM;
    (4) CO emission levels which will result from the project over the 
period covered by the applicable plan considering any growth likely to 
result from the project; and
    (5) ambient CO concentration levels which will result from the 
project over the period covered by the applicable

[[Page 157]]

plan considering any growth likely to result from the project.
    (B) Findings. Prior to approving any transportation project, the MPO 
shall determine if the project conforms to the applicable implementation 
plan. In making this determination, the MPO shall make and support the 
following findings for each project using the information documented in 
paragraph (d)(2)(ii)(A) of this section:
    (1) that the project will provide for the implementation of TCMs 
affected by the project on the schedule set forth in the applicable 
plan;
    (2) that CO emission levels, microscale and regional, resulting from 
the implementation of the project during the period covered by the 
applicable plan will not delay attainment or any required interim 
emission reductions and/or interfere with maintenance of the CO NAAQS in 
an area substantially affected by the project;
    (3) that the project will not cause or contribute to a violation of 
the CO NAAQS during the period covered by the applicable plan near the 
project; and
    (4) that the projected emissions from the project, when considered 
together with emissions projected for the conforming plan and program 
within the nonattainment area, do not cause the plan and program to 
exceed the emission reduction projections and schedules assigned to such 
plans and programs in the applicable implementation plan.
    (e) Exempt Projects. An individual project is exempt from the 
requirements of paragraph (d) of this section if it is:
    (1) located completely outside the nonattainment area;
    (2) a safety project which is included in the statewide safety 
improvement program, will not alter the functional traffic capacity or 
capability of the facility being improved, and does not adversely affect 
the TCMs in the applicable plan;
    (3) a transportation control measure from the approved applicable 
plan; or
    (4) a mass transit project funded under the Urban Mass 
Transportation Act, 49 U.S.C.

[56 FR 5485, Feb. 11, 1991]



Sec. 52.139  [Reserved]



Sec. 52.140  Monitoring transportation   trends.

    (a) This section is applicable to the State of Arizona.
    (b) In order to assure the effectiveness of the inspection and 
maintenance program and the retrofit devices required under the Arizona 
implementation plan, the State shall monitor the actual per-vehicle 
emissions reductions occurring as a result of such measures. All data 
obtained from such monitoring shall be included in the quarterly report 
submitted to the Administrator by the State in accordance with Sec. 58.35 
of this chapter. The first quarterly report shall cover the period 
January 1 to March 31, 1976.
    (c) In order to assure the effective implementation of Secs. 52.137, 
52.138, and 52.139, the State shall monitor vehicle miles traveled and 
average vehicle speeds for each area in which such sections are in 
effect and during such time periods as may be appropriate to evaluate 
the effectiveness of such a program. All data obtained from such 
monitoring shall be included in the quarterly report submitted to the 
Administrator by the State of Arizona in accordance with Sec. 58.35 of this 
chapter. The first quarterly report shall cover the period from July 1 
to September 30, 1974. The vehicle miles traveled and vehicle speed data 
shall be collected on a monthly basis and submitted in a format similar 
to Table 1.

                                 Table 1

Time period_____________________________________________________________
Affected area___________________________________________________________

------------------------------------------------------------------------
                                         VMT or average vehicle speed
                                     -----------------------------------
            Roadway type                Vehicle        Vehicle type
                                       type (1)   (2)[hairsp][hairsp]\1\
------------------------------------------------------------------------
Freeway.............................
Arterial............................
Collector...........................
Local...............................
------------------------------------------------------------------------
\1\ Continue with other vehicle types as appropriate.

    (d) No later than March 1, 1974, the State shall submit to the 
Administrator a compliance schedule to implement this section. The 
program description shall include the following:

[[Page 158]]

    (1) The agency or agencies responsible for conducting, overseeing, 
and maintaining the monitoring program.
    (2) The administrative procedures to be used.
    (3) A description of the methods to be used to collect the emission 
data, VMT data, and vehicle speed data; a description of the 
geographical area to which the data apply; identification of the 
location at which the data will be collected; and the time periods 
during which the data will be collected.
    (e) The quarterly reports specified in paragraphs (b) and (c) of 
this section shall be submitted to the Administrator through the 
Regional Office, and shall be due within 45 days after the end of each 
reporting period.

[38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974; 44 
FR 27571, May 10, 1979]



Sec. 52.141  [Reserved]



Sec. 52.142  Federal Implementation Plan for Tri-Cities landfill, Salt 
River Pima-Maricopa Indian Community.

    The Federal Implementation Plan regulating emissions from an Energy 
Project at the Tri-Cities landfill located on the Salt River Pima-
Maricopa Indian Community near Phoenix, Arizona is codified at 40 CFR 
49.22.

[64 FR 65664, Nov. 23, 1999]



Sec. 52.143  [Reserved]



Sec. 52.144  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Act 
are not met, since the plan as it applies to stationary sources under 
the jurisdiction of the Pima County Health Department and the Maricopa 
County Department of Health Services and stationary sources locating on 
Indian lands does not include approvable procedures for preventing the 
significant deterioration of air quality.
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21(a)(2) and (b) through (bb) are hereby 
incorporated and made a part of the applicable State plan for the State 
of Arizona for that portion applicable to the Pima County Health 
Department and the Maricopa County Department of Health Services and 
sources locating on Indian lands.

[48 FR 19879, May 3, 1983, as amended at 68 FR 11321, Mar. 10, 2003]



Sec. 52.145  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) Regulations for visibility monitoring and new source review. The 
provisions of Secs. 52.26, 52.27 and 52.28, are hereby incorporated and 
made part of the applicable plan for the State of Arizona.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Arizona.
    (d) This paragraph is applicable to the fossil fuel-fired, steam-
generating equipment designated as Units 1, 2, and 3 at the Navajo 
Generating Station in the Northern Arizona Intrastate Air Quality 
Control Region (Sec. 81.270 of this chapter).
    (1) Definitions.
    Administrator means the Administrator of EPA or his/her designee.
    Affected Unit(s) means the steam-generating unit(s) at the Navajo 
Generating Station, all of which are subject to the emission limitation 
in paragraph (d)(2) of this section, that has accumulated at least 365 
boiler operating days since the passage of the date defined in paragraph 
(d)(6) of this section applicable to it.
    Boiler Operating Day for each of the boiler units at the Navajo 
Generating Station is defined as a 24-hour calendar day (the period of 
time between 12:01 a.m. and 12:00 midnight in Page, Arizona) during 
which coal is combusted in that unit for the entire 24 hours.
    Owner or Operator means the owner, participant in, or operator of 
the Navajo Generating Station to which this paragraph is applicable.
    Unit-Week of Maintenance means a period of 7 days during which a 
fossil fuel-fired steam-generating unit is under repair, and no coal is 
combusted in the unit.
    (2) Emission limitation. No owner or operator shall discharge or 
cause the

[[Page 159]]

discharge of sulfur oxides into the atmosphere in excess of 42 ng/J 
[0.10 pound per million British thermal units (lb/MMBtu)] heat input.
    (3) Compliance determination. Until at least one unit qualifies as 
an affected unit, no compliance determination is appropriate. As each 
unit qualifies for treatment as an affected unit, it shall be included 
in the compliance determination. Compliance with this emission limit 
shall be determined daily on a plant-wide rolling annual basis as 
follows:
    (i) For each boiler operating day at each steam generating unit 
subject to the emission limitation in paragraph (d)(2) of this section, 
the owner or operator shall record the unit's hourly SO2 
emissions using the data from the continuous emission monitoring 
systems, [required in paragraph (d)(4) of this section] and the daily 
electric energy generated by the unit (in megawatt-hours) as measured by 
the megawatt-hour meter for the unit.
    (ii) Compute the average daily SO2 emission rate in ng/J 
(lb/MMBtu) following the procedures set out in method 19, appendix A, 40 
CFR part 60 in effect on October 3, 1991.
    (iii) For each boiler operating day for each affected unit, 
calculate the product of the daily SO2 emission rate 
(computed according to paragraph (d)(3)(ii) of this section) and the 
daily electric energy generated (recorded according to paragraph 
(d)(3)(i) of this section) for each unit.
    (iv) For each affected unit, identify the previous 365 boiler 
operating days to be used in the compliance determination. Except as 
provided in paragraphs (d)(9) and (d)(10) of this section, all of the 
immediately preceding 365 boiler operating days will be used for 
compliance determinations.
    (v) Sum, for all affected units, the products of the daily 
SO2 emission rate-electric energy generated (as calculated 
according to paragraph (d)(3)(iii) of this section) for the boiler 
operating days identified in paragraph (d)(3)(iv) of this section.
    (vi) Sum, for all affected units, the daily electric energy 
generated (recorded according to paragraph (d)(3)(i) of this section) 
for the boiler operating days identified in paragraph (d)(3)(iv) of this 
section.
    (vii) Calculate the weighted plant-wide annual average 
SO2 emission rate by dividing the sum of the products 
determined according to paragraph (d)(3)(v) of this section by the sum 
of the electric energy generated determined according to paragraph 
(d)(3)(vi) of this section.
    (viii) The weighted plant-wide annual average SO2 
emission rate shall be used to determine compliance with the emission 
limitation in paragraph (d)(2) of this section.
    (4) Continuous emission monitoring. The owner or operator shall 
install, maintain, and operate continuous emission monitoring systems to 
determine compliance with the emission limitation in paragraph (d)(2) of 
this section as calculated in paragraph (d)(3) of this section. This 
equipment shall meet the specifications in appendix B of 40 CFR part 60 
in effect on October 3, 1991. The owner or operator shall comply with 
the quality assurance procedures for continuous emission monitoring 
systems found in appendix F of 40 CFR part 60 in effect on October 3, 
1991.
    (5) Reporting requirements. For each steam generating unit subject 
to the emission limitation in paragraph (d)(2) of this section, the 
owner or operator:
    (i) Shall furnish the Administrator written notification of the 
SO2, oxygen, and carbon dioxide emissions according to the 
procedures found in 40 CFR Sec. 60.7 in effect on October 3, 1991.
    (ii) Shall furnish the Administrator written notification of the 
daily electric energy generated in megawatt-hours.
    (iii) Shall maintain records according to the procedures in 40 CFR 
60.7 in effect on October 3, 1991.
    (iv) Shall notify the Administrator by telephone or in writing 
within one business day of any outage of the control system needed for 
compliance with the emission limitation in paragraph (d)(2) of this 
section and shall submit a follow-up written report within 30 days of 
the repairs stating how the repairs were accomplished and justifying the 
amount of time taken for the repairs.

[[Page 160]]

    (6) Compliance dates. The requirements of this paragraph shall be 
applicable to one unit at the Navajo Generating Station beginning 
November 19, 1997, to two units beginning November 19, 1998, and to all 
units beginning on August 19, 1999.
    (7) Schedule of compliance. The owner or operator shall take the 
following actions by the dates specified:
    (i) By June 1, 1992, award binding contracts to an architectural and 
engineering firm to design and procure the control system needed for 
compliance with the emission limitation in paragraph (d)(2) of this 
section.
    (ii) By January 1, 1995, initiate on-site construction or 
installation of a control system for the first unit.
    (iii) By May 1, 1997, initiate start-up testing of the control 
system for the first unit.
    (iv) By May 1, 1998, initiate start-up testing of the control system 
for the second unit.
    (v) By February 1, 1999, initiate start-up testing of the control 
system for the third unit.

The interim deadlines will be extended if the owner or operators can 
demonstrate to the Administrator that compliance with the deadlines in 
paragraph (d)(6) of this section will not be affected.
    (8) Reporting on compliance schedule. Within 30 days after the 
specified date for each deadline in the schedule of compliance 
(paragraph (d)(7) of this section, the owner or operator shall notify 
the Administrator in writing whether the deadline was met. If it was not 
met the notice shall include an explanation why it was not met and the 
steps which shall be taken to ensure future deadlines will be met.
    (9) Exclusion for equipment failure during initial operation. For 
each unit, in determining compliance for the first year that such unit 
is required to meet the emission limitation in paragraph (d)(2) of this 
section, periods during which one of the following conditions are met 
shall be excluded:
    (i) Equipment or systems do not meet designer's or manufacturer's 
performance expectations.
    (ii) Field installation including engineering or construction 
precludes equipment or systems from performing as designed.

The periods to be excluded shall be determined by the Administrator 
based on the periodic reports of compliance with the emission limitation 
in paragraph (d)(2) of this section which shall identify the times 
proposed for exclusion and provide the reasons for the exclusion, 
including the reasons for the control system outage. The report also 
shall describe the actions taken to avoid the outage, to minimize its 
duration, and to reduce SO2 emissions at the plant to the 
extent practicable while the control system was not fully operational. 
Whenever the time to be excluded exceeds a cumulative total of 30 days 
for any control system for any affected unit, the owner or operators 
shall submit a report within 15 days addressing the history of and 
prognosis for the performance of the control system.
    (10) Exclusion for catastrophic failure. In addition to the 
exclusion of periods allowed in paragraph (d)(9) of this section, any 
periods of emissions from an affected unit for which the Administrator 
finds that the control equipment or system for such unit is out of 
service because of catastrophic failure of the control system which 
occurred for reasons beyond the control of the owner or operators and 
could not have been prevented by good engineering practices will be 
excluded from the compliance determination. Events which are the 
consequence of lack of appropriate maintenance or of intentional or 
negligent conduct or omissions of the owner or operators or the control 
system design, construction, or operating contractors do not constitute 
catastrophic failure.
    (11) Equipment operation. The owner or operator shall optimally 
operate all equipment or systems needed to comply with the requirements 
of this paragraph consistent with good engineering practices to keep 
emissions at or below the emission limitation in paragraph (d)(2) of 
this section, and following outages of any control equipment or systems 
the control equipment or system will be returned to full operation as 
expeditiously as practicable.
    (12) Maintenance scheduling. On March 16 of each year starting in 
1993,

[[Page 161]]

the owner or operator shall prepare and submit to the Administrator a 
long-term maintenance plan for the Navajo Generating Station which 
accommodates the maintenance requirements for the other generating 
facilities on the Navajo Generating Station grid covering the period 
from March 16 to March 15 of the next year and showing at least 6 unit-
weeks of maintenance for the Navajo Generating Station during the 
November 1 to March 15 period, except as provided in paragraph (d)(13) 
of this section. This plan shall be developed consistent with the 
criteria established by the Western States Coordinating Council of the 
North American Electric Reliability Council to ensure an adequate 
reserve margin of electric generating capacity. At the time that a plan 
is transmitted to the Administrator, the owner or operator shall notify 
the Administrator in writing if less than the full scheduled unit-weeks 
of maintenance were conducted for the period covered by the previous 
plan and shall furnish a written report stating how that year qualified 
for one of the exceptions identified in paragraph (d)(13) of this 
section.
    (13) Exceptions for maintenance scheduling. The owner or operator 
shall conduct a full 6 unit-weeks of maintenance in accordance with the 
plan required in paragraph (d)(12) of this section unless the owner or 
operator can demonstrate to the satisfaction of the Administrator that a 
full 6 unit-weeks of maintenance during the November 1 to March 15 
period should not be required because of the following:
    (i) There is no need for 6 unit-weeks of scheduled periodic 
maintenance in the year covered by the plan;
    (ii) The reserve margin on any electrical system served by the 
Navajo Generating Station would fall to an inadequate level, as defined 
by the criteria referred to in paragraph (d)(12) of this section.
    (iii) The cost of compliance with this requirement would be 
excessive. The cost of compliance would be excessive when the economic 
savings to the owner or operator of moving maintenance out of the 
November 1 to March 15 period exceeds $50,000 per unit-day of 
maintenance moved.
    (iv) A major forced outage at a unit occurs outside of the November 
1 to March 15 period, and necessary periodic maintenance occurs during 
the period of forced outage.

If the Administrator determines that a full 6 unit-weeks of maintenance 
during the November 1 to March 15 period should not be required, the 
owner or operator shall nevertheless conduct that amount of scheduled 
maintenance that is not precluded by the Administrator. Generally, the 
owner or operator shall make best efforts to conduct as much scheduled 
maintenance as practicable during the November 1 to March 15 period.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 
56 FR 50186, Oct. 3, 1991; 61 FR 14975, Apr. 4, 1996]



Sec. 52.146  Particulate matter (PM-10) Group II SIP commitments.

    (a) On December 28, 1988, the Governor's designee for Arizona 
submitted a revision to the State Implementation Plan (SIP) for Casa 
Grande, Show Low, Safford, Flagstaff and Joseph City, that contains 
commitments, from the Director of the Arizona Department of 
Environmental Quality, for implementing all of the required activities 
including monitoring, reporting, emission inventory, and other tasks 
that may be necessary to satisfy the requirements of the PM-10 Group II 
SIPs.
    (b) The Arizona Department of Environmental Quality has committed to 
comply with the PM-10 Group II State Implementation Plan (SIP) 
requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph 
City as provided in the PM-10 Group II SIPs for these areas.
    (c) On December 28, 1988, the Governor's designee for Arizona 
submitted a revision to the State Implementation Plan (SIP) for Ajo, 
that contains commitments from the Director of the Arizona Department of 
Environmental Quality, for implementing all of the required activities 
including monitoring, reporting, emission inventory, and other tasks 
that may be necessary to satisfy the requirements of the PM-10 Group II 
SIPs.
    (d) The Arizona Department of Environmental Quality has committed to 
comply with the PM-10 Group II State

[[Page 162]]

Implementation Plan (SIP) requirements.

[55 FR 17437, Apr. 25, 1990 and 55 FR 18108, May 1, 1990]



Sec. 52.150  Yavapai-Apache Reservation.

    (a) The provisions for prevention of significant deterioration of 
air quality at 40 CFR 52.21 are applicable to the Yavapai-Apache 
Reservation, pursuant to Sec. 52.21(a).
    (b) In accordance with section 164 of the Clean Air Act and the 
provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is 
designated as a Class I area for the purposes of preventing significant 
deterioration of air quality.

[61 FR 56470, Nov. 1, 1996]



                           Subpart E--Arkansas



Sec. 52.170  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
Implementation Plan (SIP) for Arkansas under section 110 of the Clean 
Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air 
quality standards.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c), (d) and (e) of this section with an EPA approval date prior to July 
1 1998, 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), (d) and (e) of this section 
with EPA approval dates after July 1, 1998, will be incorporated by 
reference in the next update to the SIP compilation.
    (2) EPA Region 6 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, 1998.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700, 
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and 
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC 
20460; or at the Office of Federal Register, 800 North Capitol Street, 
NW, Suite 700, Washington, DC.
    (c) EPA approved regulations.

                                  EPA Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          submittal/
          State citation               Title/subject      effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
           Regulation 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------
                                      Chapter 1: Title, Intent and Purpose
----------------------------------------------------------------------------------------------------------------
Section 19.101...................  Title...............     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.102...................  Applicability.......     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.103...................  Intent and               01/22/99  10/16/00 (65 FR
                                    Construction.                      61108).
Section 19.104...................  Severability........     01/22/99  10/16/00 (65 FR
                                                                       61108).
----------------------------------------------------------------------------------------------------------------
                                             Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2........................  Definitions.........     01/22/99  10/16/00 (65 FR
                                                                       61108).
----------------------------------------------------------------------------------------------------------------
                                       Chapter 3: Protection of the NAAQS
----------------------------------------------------------------------------------------------------------------
Section 19.301...................  Purpose.............     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.302...................  Department               01/22/99  10/16/00 (65 FR
                                    Responsibilities.                  61108).
Section 19.303...................  Regulated Sources        01/22/99  10/16/00 (65 FR
                                    Responsibilities.                  61108).

[[Page 163]]

 
Section 19.304...................  Delegated Federal        01/22/99  10/16/00 (65 FR
                                    Programs.                          61108).
----------------------------------------------------------------------------------------------------------------
                                         Chapter 4: Minor Source Review
----------------------------------------------------------------------------------------------------------------
Section 19.401...................  General                  01/22/99  10/16/00 (65 FR
                                    Applicability.                     61108).
Section 19.402...................  Approval Criteria...     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.403...................  Owner/Operator's         01/22/99  10/16/00 (65 FR
                                    Responsibilities.                  61108).
Section 19.404...................  Required Information     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.405...................  Action on                01/22/99  10/16/00 (65 FR
                                    Application.                       61108).
Section 19.406...................  Public Participation     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.407...................  Permit Amendments...     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.408...................  Exemption from           01/22/99  10/16/00 (65 FR
                                    Permitting.                        61108).
Section 19.409...................  Transition..........     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.410...................  Permit Revocation        01/22/99  10/16/00 (65 FR
                                    and Cancellation.                  61108).
Section 19.411...................  General Permits.....     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.412...................  Dispersion Modeling.     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.413...................  Confidentiality.....     01/22/99  10/16/00 (65 FR
                                                                       61108).
----------------------------------------------------------------------------------------------------------------
                         Chapter 5: General Emission Limitations Applicable to Equipment
----------------------------------------------------------------------------------------------------------------
Section 19.501...................  Purpose.............     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.502...................  General Regulations.     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.503...................  Visible Emission         01/22/99  10/16/00 (65 FR
                                    Regulations.                       61108).
Section 19.504...................  Stack Height/            01/22/99  10/16/00 (65 FR
                                    Dispersion                         61108).
                                    Regulations.
Section 19.505...................  Revised Emission         01/22/99  10/16/00 (65 FR
                                    Limitation.                        61108).
----------------------------------------------------------------------------------------------------------------
                                    Chapter 6: Upset and Emergency Conditions
----------------------------------------------------------------------------------------------------------------
Section 19.601...................  Upset Conditions....     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.602...................  Emergency Conditions     01/22/99  10/16/00 (65 FR
                                                                       61108).
----------------------------------------------------------------------------------------------------------------
                           Chapter 7: Sampling, Monitoring, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Section 19.701...................  Purpose.............     01/22/99  10/16/00 (65 FR
                                                                       61108).
Section 19.702...................  Air Emission             01/22/99  10/16/00 (65 FR
                                    Sampling.                          61108).
Section 19.703...................  Continuous Emission      01/22/99  10/16/00 (65 FR
                                    Monitoring.                        61108).
Section 19.704...................  Notice of Completion     01/22/99  10/16/00 (65 FR       ....................
                                                                       61108).
Section 19.705...................  Recordkeeping and        01/22/99  10/16/00 (65 FR       ....................
                                    Reporting                          61108).
                                    Requirements.
Section 19.706...................  Public Availability      01/22/99  10/16/00 (65 FR       ....................
                                    of Emissions Data.                 61108).
----------------------------------------------------------------------------------------------------------------

[[Page 164]]

 
                                                 Chapter 9: PSD
----------------------------------------------------------------------------------------------------------------
Section 19.901...................  Title...............     01/22/99  10/16/00 (65 FR       ....................
                                                                       61108).
Section 19.902...................  Purposes............     01/22/99  10/16/00 (65 FR       ....................
                                                                       61108).
Section 19.903...................  Definitions.........     01/22/99  10/16/00 (65 FR       ....................
                                                                       61108).
Section 19.904...................  Adoption of              01/22/99  10/16/00 (65 FR       ....................
                                    Regulations.                       61108).
----------------------------------------------------------------------------------------------------------------
                      Chapter 10: Regulations for the Control of Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 19.1001..................  Title...............     01/22/99  10/16/00 (65 FR       ....................
                                                                       61108).
Section 19.1002..................  Purpose.............     01/22/99  10/16/00 (65 FR       ....................
                                                                       61108).
Section 19.1003..................  Definitions.........     01/22/99  10/16/00 (65 FR       ....................
                                                                       61108).
Section 19.1004..................  General Provisions..     01/22/99  10/16/00 (65 FR       ....................
                                                                       61108).
Section 19.1005..................  Provisions for           01/22/99  10/16/00 (65 FR       ....................
                                    Specific Processes.                61108).
Section 19.1006..................  Severability........     01/22/99  10/16/00 (65 FR       ....................
                                                                       61108).
----------------------------------------------------------------------------------------------------------------
                                 Chapter 11: Major Source Permitting Procedures
----------------------------------------------------------------------------------------------------------------
Chapter 11.......................  Major Source             01/22/99  10/16/00 (65 FR       ....................
                                    Permitting                         61108).
                                    Procedures.
----------------------------------------------------------------------------------------------------------------
                                    Appendix A: Insignificant Activities List
----------------------------------------------------------------------------------------------------------------
Appendix A:......................  Insignificant            01/22/99  10/16/00 (65 FR       ....................
                                    Activities List.                   61108).
----------------------------------------------------------------------------------------------------------------
                       Regulation 26: Regulations of the Arkansas Operating Permit Program
----------------------------------------------------------------------------------------------------------------
                                Chapter 3: Requirements for Permit Applicability
----------------------------------------------------------------------------------------------------------------
Section 26.301...................  Requirement for a        08/10/00  10/9/01 (66 FR
                                    permit.                            51316).
Section 26.302...................  Sources subject to       08/10/00  10/9/01 (66 FR
                                    permitting.                        51316).
----------------------------------------------------------------------------------------------------------------
                                       Chapter 4: Applications for Permits
----------------------------------------------------------------------------------------------------------------
Section 26.401...................  Duty to apply.......     08/10/00  10/9/01 (66 FR
                                                                       51316).
Section 26.402...................  Standard application     08/10/00  10/9/01 (66 FR
                                    form and required                  51316).
                                    information.
Section 26.407...................  Complete application     08/10/00  10/9/01 (66 FR
                                                                       51316).
Section 26.409...................  Confidential             08/10/00  10/9/01 (66 FR
                                    information.                       51316).
Section 26.410...................  Certification by         08/10/00  10/9/01 (66 FR
                                    responsible                        51316).
                                    official.
----------------------------------------------------------------------------------------------------------------
                                        Chapter 5: Action on Application
----------------------------------------------------------------------------------------------------------------
Section 26.501...................  Action of part 70        08/10/00  10/9/01.............  Subsection B Not in
                                    permit applications.                                     SIP
Section 26.502...................  Final action on          08/10/00  10/9/01 (66 FR
                                    permit application.                51316).
----------------------------------------------------------------------------------------------------------------
                        Chapter 6: Permit Review by the Public, Affected States, and EPA
----------------------------------------------------------------------------------------------------------------
Section 26.601...................  Untitled                 08/10/00  10/9/01 (66 FR
                                    introduction to                    51316).
                                    Chapter 6.
Section 26.602...................  Public participation     08/10/00  10/9/01.............  Only Subsection
                                                                                             A(1), A(2), A(5),
                                                                                             and D in SIP

[[Page 165]]

 
Section 26.603...................  Transmission of          08/10/00  10/9/01 (66 FR
                                    information to the                 51316).
                                    Administrator.
Section 26.604...................  Review of draft          08/10/00  10/9/01 (66 FR
                                    permit by affected                 51316) .
                                    States.
                                     Arkansas Regulation No. 9: Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 1........................  Purpose.............     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 2........................  Short Title.........     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 3........................  Definitions.........     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 4........................  Applicability.......     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 5........................  Maximum Fees........     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 6........................  Retroactivity.......     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 7........................  Permit Fee Payment..     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 8........................  Refunds.............     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 9........................  Solid Waste Fee.....  ...........  ....................  NOT IN SIP.
Section 10.......................  Fee Schedule........     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 11.......................  Review of Fees......     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 12.......................  Severability........     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 13.......................  Appeals.............     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
Section 14.......................  Effective Date......     12/16/85  11/26/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
----------------------------------------------------------------------------------------------------------------
   Prevention of Significant Deterioration Supplement to the Arkansas Plan of Implementation for Air Pollution
                                                     Control
----------------------------------------------------------------------------------------------------------------
Section 1........................  Title...............     06/19/90  05/02/91, 56 FR       Ref 52.200(c)(28).
                                                                       20137.               See 40 CFR 52.181
                                                                                             for status of
                                                                                             Arkansas PSD
                                                                                             regulations in
                                                                                             Arkansas SIP.
Section 2........................  Purpose.............     06/19/90  05/02/91, 56 FR       Ref 52.200(c)(28).
                                                                       20137.
Section 3........................  Definitions.........     06/19/90  05/02/91, 56 FR       Ref 52.200(c)(28).
                                                                       20137.
Section 4........................  Adoption of              06/19/90  05/02/91, 56 FR       Ref 52.200(c)(28).
                                    Regulations.                       20137.
Section 5........................  Severability........     06/19/90  05/02/91, 56 FR       Ref 52.200(c)(28).
                                                                       20137.
Section 6........................  Effective Date......     06/19/90  05/02/91, 56 FR       Ref 52.200(c)(28).
                                                                       20137.
----------------------------------------------------------------------------------------------------------------
                            Regulations for the Control of Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 1........................  Title...............     04/04/79  01/29/80, 45 FR       Ref 52.200(c)(7).
                                                                       06569.
Section 2........................  Purpose.............     04/04/79  01/29/80, 45 FR       Ref 52.200(c)(7).
                                                                       06569.
Section 3........................  Definitions.........     04/23/81  10/13/81, 46 FR       Ref 52.200(c)(13).
                                                                       50370.
Section 4........................  General Provisions..     04/23/81  10/13/81, 46 FR       Ref 52.200(c)(13).
                                                                       50370.
Section 5........................  Provisions for           12/19/79  02/08/83, 48 FR       Ref 52.200(c)(21).
                                    Specific Processes.                05722.
Section 6........................  Severability........     04/04/79  01/29/80, 45 FR       Ref 52.200(c)(7).
                                                                       06569.
----------------------------------------------------------------------------------------------------------------

    (d) EPA-approved State source-specific requirements.

                               EPA-Approved Arkansas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                          State
                                                        approval/       EPA
             Name of source                Permit No.   effective     approval               Comments
                                                           date         date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------

    (e) EPA-approved nonregulatory provisions and quasi-regulatory 
measures.

[[Page 166]]



                                    EPA Approved Statutes in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                                          submittal/
          State citation               Title/subject      effective     EPA approval date         Comments
                                                             date
----------------------------------------------------------------------------------------------------------------
                              Arkansas Water and Air Pollution Control Act--Part I
----------------------------------------------------------------------------------------------------------------
82-1901..........................  Title of Act........     01/28/72  05/31/72, 37 FR       Ref 52.200(a)&(b).
                                                                       10850.
82-1902..........................  Definitions.........     01/28/72  05/31/72, 37 FR       Ref 52.200(a)&(b).
                                                                       10850.
82-1903..........................  Pollution Control        01/28/72  05/31/72, 37 FR       Ref 52.200(a)&(b).
                                    Commission.                        10850.
82-1904..........................  Powers and Duties of     01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Commission.                        10850.
82-1905..........................  Persons Operating        01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Disposal System--                  10850.
                                    Furnishing
                                    Information and
                                    Permitting
                                    Examinations and
                                    Surveys.
82-1906..........................  Hearing Before           01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Commission or                      10850.
                                    Member--Appeal
                                    Procedure.
82-1907..........................  Co-operation with        01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Agency of Another                  10850.
                                    State or United
                                    States.
82-1908..........................  Actions Declared         01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Public Nuisance--                  10850.
                                    Permit to
                                    Construct, Make
                                    Changes in or
                                    Operate Disposal
                                    System--Submission
                                    of Plans.
82-1909..........................  Violation of Act a       01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Misdemeanor--                      10850.
                                    Pollution a
                                    Nuisance--Abatement.
----------------------------------------------------------------------------------------------------------------
                            Arkansas Environmental Permit Fees Act (Act 817 of 1983)
----------------------------------------------------------------------------------------------------------------
82-1916 thru 82-1921.............  Permit Fees Act.....     12/16/85  11/12/86, 51 FR       Ref 52.200(c)(24).
                                                                       40975.
----------------------------------------------------------------------------------------------------------------
                              Arkansas Water and Air Pollution Control Act--Part II
----------------------------------------------------------------------------------------------------------------
82-1931..........................  Air Pollution--State     01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Policy.                            10850.
82-1932..........................  Purpose of Act......     01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                                                       10850.
82-1933..........................  Definitions.........     01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                                                       10850.
82-1934..........................  Exemptions..........     01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                                                       10850.
82-1935..........................  Powers of Commission     01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                                                       10850.
82-1936..........................  Factors in Exercise      01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    of Commission                      10850.
                                    Powers.
82-1937..........................  Industrial Secrets       11/25/85  08/04/86, 51 FR       Ref 52.200(c)(23).
                                    Confidential--                     27804.
                                    Revealing a
                                    Misdemeanor.
82-1938..........................  Unlawful Acts.......     01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                                                       10850.
82-1939..........................  Variance From            01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Regulations.                       10850.
82-1940..........................  Application of Water     01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Pollution                          10850.
                                    Provisions.
82-1941..........................  Political                01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Subdivision                        10850.
                                    Forbidden to
                                    Legislate on Air
                                    Pollution.
82-1942..........................  Radiation Control        01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Law not Amended or                 10850.
                                    Repealed--No
                                    authority to
                                    Commission Over
                                    Employer-Employee
                                    Relationships.
82-1943..........................  Private Rights           01/28/72  05/31/72, 37 FR       Ref 52.200(a) & (b).
                                    Unchanged.                         10850.
----------------------------------------------------------------------------------------------------------------

[[Page 167]]

 
                             Small Business Assistance Program Act (Act 251 of 1993)
----------------------------------------------------------------------------------------------------------------
Act 251..........................  SBAP Act............     02/26/93  03/08/95 60 FR 12691  Ref 52.200(c)(31).
----------------------------------------------------------------------------------------------------------------


                                EPA Approved Control Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
                                                            State
                                        Applicable        submittal/
         Control measures              geographic or      effective     EPA approval date         Comments
                                    nonattainment area       date
----------------------------------------------------------------------------------------------------------------
Air Quality Surveillance Network.  Statewide...........     02/15/77  04/11/79, 44 FR       Ref 52.200(c)(6).
                                                                       21645.
Lead SIP.........................  Statewide...........     12/10/79  04/16/82, 47 FR       Ref 52.200(c)(17).
                                                                       16330.
Air Quality Surveillance Data      Statewide...........     04/24/80  08/06/81, 46 FR       Ref 52.200(c)(20).
 Reporting.                                                            40006.
Protection of Visibility in        Statewide...........     06/12/85  02/10/86, 51 FR       Ref 52.200(c)(22).
 Mandatory Class I Federal Areas.                                      04912.
Part II of the Visibility          Statewide...........     10/09/87  07/21/88, 53 FR       Ref 52.200(c)(25)
 Protection Plan.                                                      27517.
Stack Height Negative Declaration  Statewide...........     09/12/86  04/10/89, 54 FR       Ref 52.200(c)(26).
                                                                       14222.
Small Business Stationary Source   Statewide...........     11/06/92  03/08/95, 60 FR       Ref 52.200(c)(31).
 Technical and Environmental                                           12691.
 Compliance Assistance Program.
----------------------------------------------------------------------------------------------------------------


[63 FR 56927, Oct. 23, 1998, as amended at 65 FR 61107, Oct. 16, 2000; 
66 FR 51316, Oct. 9, 2001]



Sec. 52.171  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Central Arkansas Intrastate...............................          II        III       III       III        III
Metropolitan Fort Smith Interstate........................          II        III       III       III        III
Metropolitan Memphis Interstate...........................           I        III       III       III          I
Monroe (Louisiana)-El Dorado (Arkansas) Interstate........          II        III       III       III        III
Northeast Arkansas Intrastate.............................         III        III       III       III        III
Northwest Arkansas Intrastate.............................         III        III       III       III        III
Shreveport-Texarkana-Tyler Interstate.....................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 6571, Jan. 29, 1980]



Sec. 52.172  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Arkansas' plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Further, the 
Administrator finds that the plan satisfies all requirements of Part D 
of the Clean Air Act, as amended in 1977, except as noted below.

[45 FR 6571, Jan. 29, 1980]

[[Page 168]]



Secs. 52.173-52.180  [Reserved]



Sec. 52.181  Significant deterioration of air quality.

    (a) The plan submitted by the Governor of Arkansas as follows:
    (1) April 23, 1981--submittal of the PSD Supplement Arkansas Plan of 
Implementation for Pollution Control (the ``PSD Supplement'') submitted 
April 23, 1981 (as adopted by the Arkansas Commission on Pollution 
Control and Ecology (ACPCE) on April 10, 1981);
    (2) June 3, 1988--submittal of revisions to the PSD Supplement 
(revised and adopted by the ACPCE on March 25, 1988);
    (3) June 19, 1990--submittal of revisions to the PSD Supplement 
(revised and adopted by the ACPCE on May 25, 1990), and;
    (4) March 5, 1999--submittal of Regulation 19, Chapter 9, Prevention 
of Significant Deterioration which recodified Arkansas' PSD regulations 
(as adopted by the Arkansas Pollution Control and Ecology Commission on 
January 22, 1999)
    (b) The requirements of sections 160 through 165 of the Clean Air 
Act are not met for federally designated Indian lands. Therefore, the 
provisions of Sec. 52.21(a)(2) and (b) through (bb) are hereby incorporated 
by reference and made a part of the applicable implementation plan and 
are applicable to sources located on land under the control of Indian 
governing bodies.

[56 FR 20139, May 2, 1991, as amended at 63 FR 17683, Apr. 10, 1998; 63 
FR 32981, June 17, 1998; 65 FR 61108, Oct. 16, 2000; 68 FR 11322, Mar. 
10, 2003]



Sec. 52.183  Small business assistance program.

    The Governor of Arkansas submitted on November 6, 1992, a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program (PROGRAM) to 
meet the requirements of section 507 of the Clean Air Act by November 
15, 1994. The plan commits to provide technical and compliance 
assistance to small businesses, hire an Ombudsman to serve as an 
independent advocate for small businesses, and establish a Compliance 
Advisory Panel to advise the program and report to the EPA on the 
program's effectiveness. On April 23, 1993, the Governor submitted Act 
251 of 1993 which establishes the Compliance Advisory Panel for the 
PROGRAM.

[60 FR 12695, Mar. 8, 1995]



Sec. 52.200  Original identification of plan section.

    (a) This section identifies the original ``Arkansas Plan for 
Implementation for Air Pollution Control'' and all revisions submitted 
by Arkansas that were federally approved prior to July 1, 1998.
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) A certification that the public hearings on the plan were held 
was submitted by the State Department of Pollution Control and Ecology 
on January 25, 1972. (Non-regulatory)
    (2) State Department of Pollution Control and Ecology letter 
outlining projected emission reductions, ASA forecasts, source 
surveillance, legal authority and interstate cooperation was submitted 
on February 24, 1972. (Non-regulatory)
    (3) Revision of section 16 of the State air code was submitted by 
the Department of Pollution Control and Ecology on July 7, 1972.
    (4) June 27, 1975, letter from the Governor submitting sections 1 
through 10 of the Regulations and Strategy of the Arkansas Plan of 
Implementation for Air Pollution Control except those portions relating 
to delegation of authority to enforce Federal requirements.
    (5) August 16, 1976, statement issued by Director of the Arkansas 
Department of Pollution Control and Ecology specifying the test and 
reference methods for determining compliance with emission limitations.
    (6) Administrative changes to the Arkansas Air Quality Surveillance 
Network were submitted by the Arkansas Department of Pollution Control 
and Ecology on February 15, 1977, January 10, 1978, and March 27, 1978. 
(Non-regulatory.)
    (7) On April 4, 1979, the Governor submitted the nonattainment area 
plan for the area designated nonattainment as of March 3, 1978.

[[Page 169]]

    (8) On August 14, 1979, the Governor submitted supplemental 
information clarifying the plan.
    (9) Revisions to Arkansas Regulation 4.5(a) for the ``Control of 
Volatile Organic Compounds'' showing a final compliance date of June 1, 
1981, was submitted by the Arkansas Governor on December 10, 1979.
    (10) A modification to the definition for lowest achievable emission 
rate (LAER), consistent with the definition contained in section 171(3) 
of the Act, was submitted by the Arkansas Governor on December 10, 1979.
    (11) On July 11, 1979, the Governor submitted revisions to section 
6(a) malfunction or upset and section 7(e) continuous emission 
monitoring of the Arkansas Regulations.
    (12) Revisions to section 3 (i.e., 3.(a), (b), (k), (l), (n), (o), 
(z), (bb), (dd), (ee), (ff), and (gg)), section 4 (i.e., 4.1(b), 4.2(a), 
4.5(a)(1), 4.5(a)(2), 4.6(c), and 4.6(d)), and section 5 (i.e., 5.4 and 
5.5) were adopted by the Arkansas Commission on Pollution Control and 
Ecology on September 26, 1980 and submitted by the Governor on October 
10, 1980.
    (13) Revisions to section 3 (i.e., 3.(ii) through 3.(nn)), section 4 
(i.e., 4.1, 4.5(a)(1), 4.5(a)(2), and 4.6(e)), and section 5 (i.e., 5.6) 
of the Arkansas Regulations for the Control of Volatile Organic 
Compounds were adopted by the Arkansas Commission on Pollution Control 
and Ecology on April 10, 1981 and submitted by the Governor on April 23, 
1981.
    (14) A variance to Regulation 8 for Weyerhaeuser Gypsum Plant in 
Nashville, Arkansas was submitted by the Governor on June 29, 1981.
    (15) On April 23, 1981, the Governor submitted revisions to the plan 
to incorporate Federal Prevention of Significant Deterioration (PSD) 
Regulations 40 CFR 52.21 by reference.
    (16) On September 11, 1981, the Governor submitted a revision to 
section 8 of the Regulations of the Arkansas Plan of Implementation for 
Air Pollution Control which implements an emission limit for Energy 
Systems Company of El Dorado, Arkansas.
    (17) The Arkansas State Implementation Plan for lead was submitted 
to EPA on December 10, 1979, by the Governor of Arkansas as adopted by 
the Arkansas Department of Pollution Control and Ecology on November 16, 
1979. A letter of clarification dated January 5, 1982, also was 
submitted.
    (18) Revisions to the plan for intergovernmental consultation, 
interstate pollution abatement, and composition of the Arkansas 
Commission on Pollution Control and Ecology were submitted to EPA by the 
Arkansas Department of Pollution Control and Ecology on January 9, 1980.
    (19) Revision to the plan for maintenance of employee pay was 
submitted to EPA by the Arkansas Department of Pollution Control and 
Ecology on January 9, 1980.
    (20) On April 24, 1980, the Governor submitted final revisions to 
the ambient monitoring portion of the plan.
    (21) On December 10, 1979, the Governor submitted a revision to 
Section 5.1(a) of the Regulation of the Arkansas Plan of Implementation 
for Air Pollution Control, which controls VOC emissions. This revision 
was adopted by the Arkansas Commission on Pollution Control and Ecology 
on November 16, 1979.
    (22) On July 12, 1985, the Governor submitted a revision entitled, 
``Protection of Visibility in Mandatory Class I Federal Areas, May 6, 
1985.'' This submittal included new source review regulations and 
visibility monitoring strategy as adopted by the Arkansas Commission on 
Pollution Control and Ecology on May 24, 1985.
    (i) Incorporation by reference.
    (A) New source review regulations include amendments to rules and 
regulations of the Arkansas Department of Pollution Control and Ecology 
entitled, ``Prevention of Significant Deterioration Supplement to the 
Arkansas Plan of Implementation for Air Pollution Control,'' Sections 1 
through 6, adopted on May 24, 1985.
    (B) Arkansas Department of Pollution Control and Ecology Minute 
Order No. 85-12, adopted May 24, 1985.
    (ii) Additional Material.
    (A) Narrative submittal, including introduction, and visibility 
monitoring strategy.
    (23) A revision to the Arkansas Plan of Implementation of Air 
Pollution Control was submitted by the Governor on November 25, 1985.

[[Page 170]]

    (i) Incorporation by reference.
    (A) Act 763 of 1985 (public availability of emission data) approved 
April 3, 1985. Act 763 of 1985 amends section 82-1937 (Industrial 
secrets confidential--Revealing a misdemeanor) of the Arkansas Water and 
Air Pollution Control Act.
    (24) A revision to the Arkansas Plan of Implementation for Air 
Pollution Control was submitted by the Governor on December 16, 1985.
    (i) Incorporation by reference.
    (A) Act 817 of 1983 (permit fees) adopted March 25, 1983. Act 817 of 
1983 added sections 82-1916 thru 82-1921 to the Arkansas Statutes. (B) 
Arkansas Department of Pollution Control and Ecology Regulation No. 9 
(Regulations for Development and Implementation of a Permit Fee System 
for Environmental Permits) adopted by the Arkansas Commission on 
Pollution Control and Ecology on November 16, 1984. Only those portions 
of Regulation No. 9 related to air permits are incorporated.
    (25) Part II of the Visibility Protection Plan was submitted by the 
Governor on October 9, 1987.
    (i) Incorporation by reference.
    (A) Revision entitled ``Arkansas Plan of Implementation for Air 
Pollution Control--Revision: Protection of Visibility in Mandatory Class 
I Federal Areas: Part II--Long-Term Strategy, September 29, 1987''. This 
submittal includes a visibility long-term strategy and general plan 
provisions as adopted by the Arkansas Commission on Pollution Control 
and Ecology on September 25, 1987.
    (B) Arkansas Department of Pollution Control and Ecology, Minute 
Order No. 87-24, adopted September 25, 1987.
    (ii) Additional material.
    (A) None.
    (26) A revision to the Arkansas Plan of Implementation for Air 
Pollution Control, as adopted by the Arkansas Commission on Pollution 
Control and Ecology on May 22, 1987, was submitted by the Governor of 
Arkansas on July 1, 1987. This revision adds the definitions and 
dispersion technique regulations required to implement the Federal stack 
height regulations.
    (i) Incorporation by reference.
    (A) Sections 3(r), 3(s), 3(t), 3(u), 3(v), 3(w), 3(x), 3(y), 5(f), 
and 5(g) of the Arkansas Plan of Implementation for Air Pollution 
Control as adopted by the Arkansas Commission on Pollution Control and 
Ecology on May 22, 1987.
    (ii) Additional material--None.
    (27) Revisions to the Arkansas State Implementation Plan for (1) the 
National Ambient Air Quality Standards and particulate matter 
definitions (subsections (z) through (ff) of ``Section 3. 
Definitions''). (2) Prevention of Significant Deterioration of Air 
Quality and its Supplement, and (3) subsection f(ix) of ``Section 4. 
Permits'', as adopted on March 25, 1988, by the Arkansas Commission on 
Pollution Control and Ecology, were submitted by the Governor on June 3, 
1988.
    (i) Incorporation by reference.
    (A) Regulations of the Arkansas Plan of Implementation for Air 
Pollution Control ``Section 3. Definitions'', subsections (z) through 
(ff), as promulgated on March 25, 1988.
    (B) Prevention of Significant Deterioration Supplement Arkansas Plan 
of Implementation For Air Pollution Control, as amended on March 25, 
1988.
    (C) Regulations of the Arkansas Plan for Implementation for Air 
Pollution Control ``Section 4. Permits'', subsection f(ix), as 
promulgated on March 25, 1988.
    (ii) Other material--None.
    (28) Revisions to the Arkansas State Implementation Plan for 
Prevention of Significant Deterioration (PSD) of Air Quality Supplement 
Arkansas Plan of Implementation for Air Pollution Control (PSD nitrogen 
dioxide increments), as adopted on May 25, 1990, by the Arkansas 
Commission on Pollution Control and Ecology, were submitted by the 
Governor on June 19, 1990.
    (i) Incorporation by reference.
    (A) Prevention of Significant Deterioration Supplement Arkansas Plan 
of Implementation For Air Pollution Control as amended on May 25, 1990.
    (ii) Additional Material--None.
    (29)-(30) [Reserved]
    (31) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program 
(PROGRAM) as specified in the plan revision

[[Page 171]]

submitted by the Governor on November 6, 1992. This plan submittal, as 
adopted by the Arkansas Commission on Pollution Control and Ecology on 
November 5, 1992, was developed in accordance with section 507 of the 
Clean Air Act. On April 23, 1993, the Governor submitted Act 251 of 1993 
which establishes the Compliance Advisory Panel (CAP) for the PROGRAM.
    (i) Incorporation by reference.
    (A) Act 251 of 1993 approved by the Governor on February 26, 1993. 
Included in this Act are provisions creating a CAP, establishing 
membership of the CAP, and addressing the responsibilities and duties of 
the CAP.
    (B) Arkansas Department of Pollution Control and Ecology, Minute 
Order No. 92-81, adopted November 5, 1992.
    (ii) Additional material.
    (A) Revision entitled, ``Arkansas Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program SIP 
Revision'', adopted November 5, 1992.
    (B) Legal opinion letter dated November 5, 1992, from Steve Weaver, 
Chief Counsel, Arkansas Department of Pollution Control and Ecology, 
regarding legality of Commission teleconference meeting.

[37 FR 10850, May 31, 1972. Redesignated at 63 FR 56827, Oct. 23, 1998]

    Editorial Note: For Federal Register citations affecting Sec. 52.200, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



                          Subpart F--California



Sec. 52.219  Identification of plan--conditional approval.

    The plan revision commitments listed in paragraph (a) of this 
section were submitted on the date specified.
    (a) On November 13, 1992, California submitted a commitment to 
prepare a revision to the California State Implementation Plan (SIP) for 
the California ozone nonattainment areas to address the requirement in 
section 182(c)(4)(B) of the 1990 Clean Air Act Amendments that requires 
the States to develop a SIP revision for all ozone nonattainment areas 
classified as serious and above to opt-out of the Clean-Fuel Fleet 
Program by submitting for EPA approval a substitute program(s) resulting 
in as much or greater long-term reductions in ozone-producing and toxic 
air emissions. The State submittal contained an interim milestone to 
supply more accurate emission reduction data demonstrating equivalence 
no later than one year after the publication date of the Federal 
Register notice approving the State's committal SIP revision. California 
is required to submit the final SIP revision by May 15, 1994. The State 
held a public meeting on this committal SIP on March 17, 1992. The 
California SIP revisions are met automatically when the SIP revision 
concerns a regulation previously adopted by the Board.
    (b) [Reserved]

[58 FR 62533, Nov. 29, 1993]



Sec. 52.220  Identification of plan.

    (a) Title of plan: ``The State of California Implementation Plan for 
Achieving and Maintaining the National Ambient Air Quality Standards''.
    (b) The plan was officially submitted on February 21, 1972.
    (1) Mendocino County APCD.
    (i) Previously approved on May 31, 1972 and now deleted without 
replacement parts XI, XII, and part XIII.
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Part X, Paragraph 3.
    (2) Placer County APCD.
    (i) Previously approved on May 31, 1972 and now deleted without 
replacement Rule 42 (Mountain Counties Air Basin), Rules 40 and 42 (Lake 
Tahoe Air Basin).
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 40 and 42.
    (3) Tehama County APCD.
    (i) Previously approved on May 31, 1972 and now deleted without 
replacement Rule 5.1.
    (ii) Previously approved on May 31, 1972 and now deleted without 
replacement Rule 4.13.
    (4) San Bernardino County APCD.

[[Page 172]]

    (i) Previously approved on May 31, 1972 and now deleted without 
replacement Regulation VI, Rules 100 to 104, 109, 110, 120, and 130 to 
137.
    (ii) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Regulation 3, Rules 40, 42, 
43, and 44.
    (5) Ventura County Air Pollution Control District.
    (i) Previously approved on September 22, 1972 and now deleted 
without replacement Rule 18.
    (6) Lassen County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 1.4, 3.2, 3.3 
(Schedules 1-6), 3.4, and 3.5.
    (7) Nevada County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rule 41.
    (8) Orange County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rule 120.
    (9) Sierra County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 46 and 50.
    (10) Siskiyou County APCD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 3.1, 3.2, and 3.3.
    (11) Yolo-Solano AQMD.
    (i) Previously approved on May 31, 1972 in paragraph (b) of this 
section and now deleted without replacement, Rules 1.7 and 2.18.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Air quality data submitted on April 10, 1972, by the Air 
Resources Board.
    (2) Report on status of regulations submitted on April 19, 1972, by 
the Air Resources Board.
    (3) Emission inventory submitted on April 21, 1972, by the Air 
Resources Board.
    (4) Air quality data submitted on April 26, 1972, by the Air 
Resources Board.
    (5) Air quality data submitted on May 5, 1972, by the Air Resources 
Board.
    (6) Revised regulations for all APCD's submitted on June 30, 1972, 
by the Governor, except for:
    (i) San Diego County Air Pollution Control District.
    (A) Rule 65 is now removed without replacement as of March 14, 1989.
    (B) Previously approved on Septemeber 22, 1972 and now deleted 
without replacement Rules 44, 75, 77 to 80, 82 to 84, and 86 to 91.
    (C) Previously approved on September 22, 1972 and now deleted 
without replacement, Rules 12 and 13.
    (ii) Calaveras County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rule 305.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 109.
    (iii) Colusa County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 3.1 and 5.1 to 5.17.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 1.4, 2.13, 6.11 
and 6.12.
    (iv) Fresno County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 501, 502, 504, 506, 508 to 512, 514, 516, and 
517.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 104, 105, 107, 
109, 303, and 304.
    (v) Glenn County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 111, 113 to 117, 119 to 125, and 150.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 151 and 153.
    (vi) Kern County APCD (including Southeast Desert).
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 502, 505 to 510, 512 to 515, and 517.

[[Page 173]]

    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107, 109, 303, 
and 304.
    (vii) Kings County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 502 to 509, 511 to 517.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 109.
    (viii) Lassen County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 1.5, 3.1, and 5.1 to 5.17.
    (ix) Madera County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 507 to 510 and 512 to 517.
    (x) Merced County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 502, 503, 506 to 510, and 512 to 517.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107, 301 
(Paragraphs c to g, i, and j), 303, and 304.
    (xi) Modoc County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 1.5 and 4.1 to 4.17.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 1.4.
    (xii) San Joaquin County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 502 and 506 to 509.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107 and 109.
    (xiii) Stanislaus County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 303, 304, 502, 505 to 510 and 512 to 517.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 107.
    (xiv) Tulare County APCD.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 303, 304, 501, 502, 506 to 514, 516 to 518.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 107 and 109.
    (xv) San Bernardino County Air Pollution Control District.
    (A) Previously approved on December 21, 1975 and now deleted without 
replacement Rule 68.
    (xvi) Northern Sonoma County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 56, 64, 64.1 and 64.2.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 42 and 100.
    (xvii) Los Angeles County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rule 51.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 43, 44, and Rule 
120.
    (xviii) Orange County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rules 51, 67.1 and 68.
    (xix) Riverside County Air Pollution Control District.
    (A) Previously approved on September 22, 1972 and now deleted 
without replacement Rule 51.
    (B) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rules 43 and 44 
(Mojave Desert AQMD only).
    (xx) Mariposa County APCD.
    (A) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 17.
    (xxi) Plumas County APCD.
    (A) Previously approved on September 22, 1972 in paragraph (c) of 
this

[[Page 174]]

section and now deleted without replacement, Rules 3, 4, and 40.
    (xxii) Sutter County APCD.
    (A) Previously approved on September 22, 1972 in paragraph (c) of 
this section and now deleted without replacement, Rule 2.20.
    (7) Information (Non-regulatory) regarding air quality surveillance 
submitted on July 19, 1972, by the Air Resources Board.
    (8) Compliance schedules submitted on December 27, 1973, by the Air 
Resources Board.
    (9) Compliance schedules submitted on February 19, 1974, by the Air 
Resources Board.
    (10) Compliance schedules submitted on April 22, 1974, by the Air 
Resources Board.
    (11) Compliance schedules submitted on June 7, 1974, by the Air 
Resources Board.
    (12) Compliance schedules submitted on June 19, 1974, by the Air 
Resources Board.
    (13) Compliance schedules submitted on September 4, 1974, by the Air 
Resources Board.
    (14) Compliance schedules submitted on September 19, 1974, by the 
Air Resources Board.
    (15) Compliance schedules submitted on October 18, 1974, by the Air 
Resources Board.
    (16) Compliance schedules submitted on December 4, 1974, by the Air 
Resources Board.
    (17) Compliance schedules submitted on January 13, 1975, by the Air 
Resources Board.
    (18) Air quality maintenance area designations submitted on July 12, 
1974, by the Governor.
    (19)-(20) [Reserved]
    (21) Revised regulations for the following APCD's submitted on July 
25, 1973, by the Governor.
    (i) Lassen County APCD.
    (A) Appendix A (Implementation Plan for Agricultural Burning) and 
Appendix B (Enforcement).
    (ii) Modoc County APCD.
    (A) Rule 3:10A and Regulation V (Rules 5:1 to 5:7).
    (iii) Siskiyou County APCD.
    (A) Rules 2.13, 4.5, 4.12, 4.13, 4.14, and Implementation Plan for 
Agricultural Burning.
    (iv) Bay Area APCD.
    (A) Regulation 1.
    (1) Division 1, Sections 1000-1010.
    (2) Division 2, Section 2000.
    (3) Division 3, Sections 3000-3004, 3100-3111, 3115-3118, 3120, and 
3200-3500.
    (4) Division 4.
    (B) Regulation 4.
    (1) Sections 1-2.
    (C) Regulation 2.
    (1) Division 1, Sections 1214 to 1214.3.
    (D) Regulation 3.
    (1) Division 1, Sections 1205 to 1205.3.
    (v) Butte County APCD.
    (A) Sections 1-1 to 1-35, 2-8, 2-10 to 2-11, 2A-1 to 2A-18, 3-2 to 
3-2.1, 3-6, 3-9, 3-10.1, 3-11.1, 3.14, and 3.16.
    (vi) San Diego County APCD.
    (A) Rules 41, 55, 58, and 101-113.
    (B) Previously approved on May 11, 1977 and now deleted without 
replacement Rule 41.
    (C) Previously approved on May 11, 1977 and now deleted without 
replacement, Rule 55.
    (D) Previously approved on May 11, 1977 in paragraph (c)(21)(vi)(A) 
of this section and now deleted Rules 105, 106, 107, 110, 111, and 112 
(now replaced by Rule 101).
    (vii) Tehama County APCD.
    (A) Rules 1:2, 3:1-3, 3:3a, 3:3b, 3:4-3:5, 3:5a, 3:6-3:14, 4:6, and 
Implementation Plan for Agricultural Burning.
    (B) Previously approved on May 11, 1977 and now deleted without 
replacement Rule 41.
    (viii) Yuba County APCD.
    (A) Rules 1.1, 2.1-2.2, 2.10, 4.11, and Agricultural Burning 
Regulations, Sections 1 to 6.
    (B) Rule 4.5.
    (ix) Kings County APCD.
    (A) Rules 102, 105-108, 110, 404-406, 409, 417-I, II, IV, and 510.
    (B) Rule 111.
    (C) Previously approved on August 22, 1977 and now deleted without 
replacement Rule 510.
    (D) Previously approved on August 22, 1977 in paragraph 
(c)(21)(ix)(A) of this section and now deleted without replacement, Rule 
107.
    (x) Colusa County APCD.
    (A) Rule 6.5 and Amendment Number 3.
    (B) Rule 4.4g.
    (xi) Imperial County APCD.
    (A) Agricultural Burning Implementation Plan (Rules 200-206).

[[Page 175]]

    (xii) Sacramento County APCD
    (A) Rules 72, 90, 91, and 92.
    (xiii) Ventura County APCD.
    (A) Rules 2, 37, 56, 59, 60, and 101.
    (xiv) Yolo-Solano APCD.
    (A) New or amended Rules 1.2 (a, b, d to g, i to x, and z to ae), 
1.4, 2.4(e), 2.8, 2.9, 4.1 to 4.5, 5.1 to 5.18, 6.1 (i) and (j), 6.2 to 
6.5, and 6.7 to 6.8.
    (B) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 4.4, 4.5, 5.2, 5.3, 5.5, 5.7 to 5.9, and 5.13 to 5.17.
    (xv) San Bernardino County APCD.
    (A) New or amended Rules 5(a), 53A, 57, 57.1, 57.2.
    (xvi) Santa Barbara County APCD.
    (A) Rules 2(a, b, k, l, m, n, o, p, q, r, s, t, u, v, w), 40 [with 
the exception of 40(4)(m)].
    (xvii) Calaveras County APCD.
    (A) Rules 110 and 402(f).
    (xviii) Los Angeles County APCD (Metropolitan Los Angeles portion).
    (A) Amended Rule 45.
    (B) Previously approved on September 8, 1978 in paragraph 
(c)(21)(xviii)(A) of this section and now deleted without replacement, 
Rule 45.
    (22) Revised regulations for the following APCD's submitted on 
November 2, 1973 by the Governor's designee.
    (i) Bay Area APCD.
    (A) Regulation 2.
    (1) Division 1, Section 1222.
    (2) Division 3, Section 3211.
    (3) Division 4, Section 4113.
    (4) Division 8, Sections 8414-8416.
    (5) Division 9, Sections 9613, 9615, 9711.3, and 9711.5.
    (6) Division 11, Section 11101.
    (23) Revised regulations for the following APCD's submitted on 
January 22, 1974 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) Rule 30.
    (ii) Santa Barbara County APCD.
    (A) Rules 22, 24.1, 24.2.
    (24) Revised regulations for the following APVD's submitted on July 
19, 1974, by the Governor's designee.
    (i) Sutter County APCD.
    (A) Rule 1.3
    (ii) Bay Area APCD.
    (A) Regulation 1: (1) Sections 3112-3114, 3119 and 3122.
    (iii) San Diego County APCD.
    (A) Regulation IX.
    (B) Rule 61.
    (iv) Stanislaus County APCD.
    (A) Rules 103, 108, 108.1, 113, 401, 402, 403, 404, 405, 409.1, 
409.2, 418, 421, 505, 518, and 401.1.
    (B) Rule 110.
    (v) Tehama County APCD.
    (A) Rules 3:14 and 4:18.
    (B) Rule 4:17.
    (vi) Shasta County APCD.
    (A) Rules 1:1 to 1:2, 2:6(1.)(a), 2:6(1.)(b) (i-ii and iv-vii) 
2:6(1.)(c)(i-vi), 2:6(1.)(d-e), 2:6(2-4), 2:7, 2:8(a-c), 2:9, 2:11, 
2:14, 2:25, 3:1 to 3:9, 3:11 to 3:12, and 4:1 to 4:23.
    (B) Rule 3:10.
    (C) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 4.2 to 4.4, 4.8 to 4.10, 4.15, and 4.23.
    (D) Previously approved on August 22, 1977 in paragraph 
(c)(24)(vi)(A) of this section and now deleted without replacement, Rule 
3.7.
    (vii) Kern County APCD.
    (A) Rules 102, 103, 108, 108.1, 110, 113, 114, 301, 305, 401, 404, 
405, 407.3, 409, 411, 413, 414, 417-I and II, 504, 516, and 518
    (B) Rule 111.
    (C) Rules 601-615, except those portions pertaining to sulfur 
dioxide and the 12-hour carbon monoxide criteria levels.
    (D) Previously approved on August 22, 1977 and now deleted without 
replacement Rule 516 (including Southeast Desert).
    (E) Previously approved on August 22, 1977 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
404.
    (viii) Sacramento County APCD.
    (A) Rules 11, 39, 44, 70, 73, and 111.
    (B) Rules 123 and 124, except those portions that pertain to the 12-
hour CO criteria level.
    (ix) Yolo-Solano APCD.
    (A) Rule 2.22.
    (B) New or amended Rules 1.2(c, h, and y), 1.3, 2.11 to 2.16, 2.19, 
4.3, 5.4, 5.6, and 5.12.
    (C) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 5.6 and 5.12.
    (x) Ventura County APCD.
    (A) Rules 2, 3, 31, 32, 200, 203, and 204.
    (B) Rule 32.
    (C) Rules 70, 73.
    (D) Rule 96.
    (E) Rule 111.

[[Page 176]]

    (xi) Santa Barbara County Air Pollution Control District.
    (A) Rules 150 to 152, 154 to 159, 160A, and 161 to 164, except those 
portions pertaining to nitrogen oxides, sulfur dioxide and the 12-hour 
carbon monoxide criteria levels.
    (25) Revised regulations for the following APCD's submitted on 
October 23, 1974 by the Governor's designee.
    (i) Fresno County APCD.
    (A) Rules 102, 103, 108, 108.1, 111-114, 401, 404-406, 408, 409.1, 
409.2, 416, 416.1a, b, c(2), c(3), d, e(2), and f, 505 and 518.
    (B) Rule 110.
    (C) New or amended Rules 402 (a to g), 416.1(c)(1), 416.1(e)(1), 
416.1(e)(3), and 416.1(e)(4).
    (D) Rules 601-615, except those portions pertaining to sulfur 
dioxide and the 12-hour carbon monoxide criteria levels.
    (E) Previously approved on August 22, 1977 and now deleted without 
replacement Rule 505.
    (ii) San Joaquin County APCD.
    (A) Rules 102, 103, 108, 108.1, 108.2, 113, 305, 404-406, 407.2, 
407.3, 408, 408.1, 409.1, 409.2, 410, 413, 414, 416, 416.1A to C, and 
D.3 to E., 417, 420, 420.1, 421, 504, 505, and 510-520.
    (B) Rule 110.
    (C) New or amended Rules 416.1 (D)(1) and (D)(2).
    (D) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 504, 505, 510, 512 to 518, and 520.
    (iii) Lake County APCD.
    (A) Parts II--V, Sections 3-7 of Part VI, Parts XI-XIII, Appendix A 
(Agricultural Burning Definitions A-M, Burning Regulations/Agricultural 
Burning (Farm) 1-9, /Farm 1-3, /Range 1-2), Appendix B (Parts I-II, Part 
IV-1, 2, 5, and 6, Part V-1, 4, 5 and 6, Parts VI-VII, Part VIII-1-7 and 
9, Parts IX-X), Tables I-IV.
    (iv) Tulare County APCD.
    (A) Rules 102, 103, 108.1, 110, 112-114, 302, 401, 404-406, 407.3, 
408, 410, 410.1, 410.2, 411, 420, 503-505, and 515.
    (B) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 503 to 505, 515, and 519.
    (v) Ventura County APCD.
    (A) Rules 2 and 125.
    (vi) Santa Barbara County Air Pollution Control District.
    (A) Rule 160B, except those portions pertaining to nitrogen oxides, 
sulfur dioxide and the 12-hour carbon monoxide criteria levels.
    (vii) Monterey Bay Unified APCD.
    (A) Rules 100 to 106, 300 to 303, 400 to 401, 403, 404(a)(b)(d), 405 
to 408, 412 to 417, 419 to 420, 500 to 508, 600 to 616, and 800 to 816.
    (B) Previously approved on October 27, 1977 in paragraph 
(c)(25)(vii)(A) of this section and now deleted without replacement, 
Rules 302 and 303.
    (26) Revised regulations for the following APCD's submitted on 
January 10, 1975, by the Governor's designee.
    (i) Sutter County APCD
    (A) Rule 4.1
    (ii) Bay Area APCD
    (A) Regulation 2: (1) Sections 2018.1-2.
    (B) Regulation 7.
    (C) Regulation 8.
    (D) Previously approved on May 11, 1977 in paragraph (c)(26)(ii)(B) 
of this section and now deleted without replacement, Regulation 7.
    (iii) Butte County APCD.
    (A) Sections 3-11, 3-12, and 3-12.1.
    (iv) Glenn County APCD.
    (A) Sections 2, 3.1, 10-14.3, 16, 17, 21, 21.1, 24, 57, 58, 81, 85, 
86, 95.1, 118, 122.1-122.3, 154 and 155.
    (B) Rules 95.2 and 95.3.
    (C) Previously approved on May 11, 1977 and now deleted without 
replacement Rules 118 and 122.1 to 122.3.
    (D) Previously approved on May 11, 1977 in paragraph (c)(26)(iv)(A) 
of this section and now deleted without replacement, Rule 155.
    (E) Previously approved on August 22, 1977 in paragraph 
(c)(26)(iv)(A) of this section and now deleted without replacement, Rule 
3.1.
    (v) Yuba County APCD.
    (A) Agricultural Burning Regulations, sections 1 and 3.
    (vi) Colusa County APCD.
    (A) Rules 6.2 and 6.4.d. (1-2).
    (vii) Fresno County APCD.
    (A) Rules 409, 417, 503, 507, 513, and 515.
    (B) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 503, 507, 513, and 515.
    (viii) Mariposa County APCD.
    (A) Rules 101, 102, 201, 202, 203 (a-f, h, i, and k), 204-216, 301-
303, 305-306, 308-313, 315-323, 401-403, 405-409, and 600-618.

[[Page 177]]

    (B) Rule 203(j).
    (C) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 601, 602, 604 to 609, 611 to 616, and 618.
    (ix) Sierra County APCD.
    (A) Rules 101, 102, 201-216, 301-323, 405-409, 601-620, 6, 27, 29, 
and 51-56.
    (B) Previously approved and now deleted, Rule 102.
    (x) Shasta County APCD.
    (A) Rules 2:6(5)(b), 3:1, 3:2, 4:6, and 4:14.
    (xi) Tulare County APCD.
    (A) Rules 417 and 417.1a. thru d., e.2., and f.
    (B) New or amended Rules 417.1 (e)(1), (e)(3) and (e)(4).
    (xii) Kern County APCD.
    (A) Rules 410 and 503.
    (xiii) Madera County APCD.
    (A) Rules 102, 103, 105, 108, 112-114, 301, 305, 401, 402, (a-e, and 
g), 404-406, 407.2, 407.3, 408, 409, 409.1 409.2, 412, 416, 416.1a, b, 
c(2), c(3), d, e(2), f, 504, 505, and 518.
    (B) Rule 402(f).
    (C) Rule 110.
    (D) New or amended Rules 416.1 (c)(1), (e)(1), (e)(3), and (e)(4).
    (xiv) Yolo-Solano APCD.
    (A) New or amended Rule 6.1 (a), (b), (c), (d), (e), and (g) (1, 2, 
and 3).
    (xv) Monterey Bay Unified APCD.
    (A) Rules 49 to 411 and 421.
    (xvi) Plumas County APCD.
    (A) Rule 203(j).
    (B) New or amended Rules 101, 102, 201, 202, 204, 206, 209, 210(a), 
214, 216, 216-49, 216-50, 216-51, 216-54, 216-55, 216-56, 216-1, 216-2, 
216-3, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 
403, 405, 406, 408, 701, 702, 704, 705, 706, 707, 708, 709, 711, 712, 
713, 714, 715, 716, 717.
    (C) Previously approved and now deleted (without replacement) Rules 
51.7, 57.5, 62, 70.
    (D) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 705 to 709.
    (E) Previously approved and now deleted, Rule 102.
    (xvii) Placer County APCD.
    (A) New or amended Rules 102, 105, 201, 202, 204, 209, 312, 403, 
405, 406, 701, 705, 707, 711, 712, 713, 714, 716, 717.
    (B) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 701, 707, 711 to 714, and 716 (Mountain Counties Air 
Basin).
    (C) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 701, 705, 707, 711 to 714, and 716 (Lake Tahoe Air 
Basin).
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(26)(xvii)(A) of this section and now deleted without replacement, 
Rule 105.
    (27) Revised regulations for the following APCD's submitted on April 
10, 1975, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) Rule 409.
    (ii) Tehama County APCD.
    (A) Rule 4:6.
    (iii) Sacramento County APCD.
    (A) Rules 12, 22a, 22b, 25, 32-34, and 40.
    (iv) Bay Area APCD.
    (A) Regulation 2, section 1302.2 and section 1302.22.
    (B) Rules 32, 33, 34, 38, 40.
    (v) San Bernardino County APCD.
    (A) New or amended Rule 73.
    (vi) Riverside County APCD.
    (A) New or amended Rule 57.
    (vii) Nevada County APCD.
    (A) New or amended Rules 101, 102, 105, 106, 107, 201, 202, 203 
[with exception of (g)], 204, 206, 208, 209, 210(a), 212, 214, 215, 301, 
302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 
317, 318, 322, 401, 403, 405, 406, 408, 601, 602, 701, 702, 703, 705, 
706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
    (B) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 701 to 703, 705 to 709, and 712 to 716.
    (C) Previously approved and now deleted, Rule 102.
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(27)(vii)(A) of this section and now deleted without replacement, 
Rules 105, 601, and 602.
    (viii) El Dorado County APCD.
    (A) New or amended Rules 101, 102, 202, 204, 206, 209, 210(a), 212, 
214, 301, 305, 306, 309, 310, 311, 312, 313, 315, 316, 317, 318, 323, 
401, 403, 405, 406, 408, 601, 602, 701, 702, 704, 705, 706, 707, 708, 
709, 711, 712, 713, 714, 715, 716, 717.
    (B) Previously approved and now deleted (without replacement) Rules 
5, 6, 7.
    (C) Previously approved on June 14, 1978 in paragraph 
(c)(27)(viii)(A) of this section and now deleted Rule 101.
    (D) Previously approved on June 14, 1978 in paragraph 
(c)(27)(viii)(A) of this

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section and now deleted without replacement, Rules 323, 601, and 602.
    (ix) [Reserved]
    (x) Santa Barbara County APCD.
    (A) Rules 32, 36, 36.3, 36.4, 36.5, 37, 38.
    (28) Revised regulations for the following APCD's submitted on July 
22, 1975, by the Governor's designee.
    (i) Sutter County APCD
    (A) Rules 1.2, 2.82, and 4.11.
    (ii) San Diego County APCD.
    (A) Rule 66.
    (iii) Yuba County APCD
    (A) Rule 1.1.
    (iv) Calaveras County APCD.
    (A) Rules 102, 201-215, 301-323, 401-403, 405-408, 409 (Public 
Records), 601-604, 700-717, 105, 106, 110, 407(b), 409 (Organic 
Solvents), 409.1 (Architectural Coatings), 409.2 (Disposal and 
Evaporation of Solvents), 412, and 413.
    (B) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 701, 704 to 709, 711 to 714, and 716.
    (v) Tuolumne County APCD.
    (A) Rules 102, 201, 202, 203, (a-f, h, i, and k), 204-216, 301-303, 
305-306, 308-313, 315-323, 400-403, 405-408, 409 (Public Records), 600-
618, 105-110, 301-304, 409 (Fuel Burning Equipment, Oxides of Nitrogen), 
410, and 412-414.
    (vi) Kings County APCD.
    (A) Rule 410.
    (vii) Shasta County APCD.
    (A) Rule 2.8(e).
    (viii) Kern County APCD.
    (A) Rules 115, 407.1, 422, and 423.
    (B) Previously approved on August 22, 1977 in paragraph 
(c)(28)(viii)(A) of this section and now deleted without replacement, 
Rules 422 and 423.
    (ix) Sacramento County APCD.
    (A) Rule 93.
    (x) Riverside County APCD.
    (A) New or amended Rule 53.
    (xi) Orange County APCD (Metropolitan Los Angeles portion).
    (A) Amended Rule 53.
    (29) Revised regulations for the following APCD's submitted on 
November 3, 1975 by the Governor's designee.
    (i) Lake County APCD.
    (A) Part III, Number 59a.
    (ii) Sacramento County APCD.
    (A) Rules 13 and 14.
    (B) Rules 71, 112, and 113.
    (iii) Monterey Bay Unified APCD.
    (A) Rule 418.
    (iv) Bay Area APCD.
    (A) Regulation 2, section 1302.21 and section 1302.23.
    (v) San Diego County.
    (A) Rule 63.
    (B) Rules 112, 113.
    (vi) Ventura County APCD.
    (A) Rules 65, 66, 72, and 73.
    (B) Previously approved on August 15, 1977 and now deleted without 
replacement Rules 65 and 66.
    (C) Previously approved on August 15, 1977 in paragraph 
(c)(29)(vi)(A) of this section and now deleted without replacement, Rule 
72 (72-72.8).
    (30) Revised regulations for the following APCD's submitted on 
February 10, 1976 by the Governor's designee.
    (i) Bay Area APCD
    (A) Regulation 1: (1) Section 3121.
    (B) Regulation 6.
    (ii) Butte County APCD
    (A) Section 3-11.2
    (iii) Yuba County APCD.
    (A) Agricultural Burning Regulations, sections 1 and 3.
    (iv) Colusa County APCD.
    (A) Rule 6.6A.I and 6.6A.II-1. (a-f).
    (v) Fresno County APCD.
    (A) Rules 115, 422, 423, and 407.
    (B) Previously approved on August 22, 1977 in paragraph 
(c)(30)(v)(A) of this section and now deleted without replacement, Rules 
422 and 423.
    (vi) San Joaquin County APCD.
    (A) Rules 114, 401, 402, 407.1, 409, 411, 422 and 423.
    (B) Previously approved on August 22, 1977 in paragraph 
(c)(30)(vi)(A) of this section and now deleted without replacement, 
Rules 422 and 423.
    (C) Rule 411.1 and 411.2.
    (vii) Lake County APCD.
    (A) Table V.
    (viii) Sacramento County APCD.
    (A) Rules 94-97.
    (ix) Ventura County APCD.
    (A) Rules 70 and 71.
    (x) Southern California APCD.
    (A) New or amended Rules 501, 502, 506, 507, 508, 509, 511, 512, 
513, 514, 515, 516, 517, 518, 801, 803, 804, 807, 808, 809, 810, 811, 
813, 814, 815, 817.
    (B) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 501, 502, 506 to 509, 511 to 518, 801, 803 to 804, 807 
to 811, 813 to 815, and 817.
    (xi) Santa Barbara County APCD.

[[Page 179]]

    (A) Rule 32.1.
    (31) Revised regulations for the following APCD's submitted on April 
21, 1976, by the Governor's designee.
    (i) Great Basin Unified APCD.
    (A) [Reserved]
    (B) Rules 100 to 107, 215, 300 to 303, 400 to 402, 404 to 413, 416 
to 421, 500 to 501, 600 to 616, and 800 to 817.
    (C) Alpine County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8, 
4.10, 4.11, and 5.18.
    (D) Inyo County APCD: Rules 1.3, 3.1, 4.1, 4.10, 4.11, 4.12, and 
5.1.
    (E) Mono County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8, 4.10, 
4.11, 5.1, and 5.18.
    (F) Previously approved on June 6, 1977 and now deleted without 
replacement Rules 600 to 615 and 800 to 817.
    (G) Previously approved on June 6, 1977 in paragraph (c)(31)(i)(B) 
of this section and now deleted without replacement, Rules 105, 302, and 
303.
    (ii) Sutter County APCD
    (A) Rule 4.1
    (iii) San Diego County APCD.
    (A) Rule 5.
    (B) Previously approved on May 11, 1977 in paragraph (c)(31)(iii)(A) 
of this section and now deleted without replacement, Rule 5.
    (iv) Glenn County APCD
    (A) Sections 14.3 and 15.
    (v) Kings County APCD.
    (A) Rule 411.
    (B) Rules 412 and 412.1.
    (vi) Southern California APCD.
    (A) Rules 461 and 462.
    (B) New or amended Rules 103, 104, 105, 106.
    (C) Rules 201-207, 209-212, 214-217, and 219.
    (D) Previously approved on November 9, 1978 and now deleted without 
replacement Rule 211.
    (E) Previously approved on June 14, 1978 in paragraph (c)(31)(vi)(B) 
of this section and now deleted without replacement, Rule 105.
    (vii) Santa Barbara County APCD.
    (A) Rule 35.1 and 35.2.
    (B) Rule 2(x).
    (C) Rule 63, except those portions pertaining to sulfur dioxide and 
the 12-hour carbon monoxide criteria levels.
    (viii) Fresno County APCD.
    (A) Rule 411 and 411.1.
    (ix) Kern County APCD.
    (A) Rule 412 and 412.1.
    (x) Stanislaus County APCD.
    (A) Rule 411 and 411.1.
    (xi) Tulare County APCD.
    (A) Rule 412 and 412.1.
    (xii) Madera County APCD.
    (A) Rule 411.1 and 411.2.
    (xiii) Ventura County APCD.
    (A) Rules 2, 4, 36, 40, 41, 42, 43, 104, 201, and 202.
    (B) Previously approved on August 15, 1977 and now deleted without 
replacement Rule 43.
    (xiv) Yolo-Solano APCD.
    (A) New or amended Rules 6.1(f) (1 and 2), (g)(4), (h) (1 and 2) and 
6.6.
    (xv) Nevada County APCD.
    (A) Amended Rule 211.
    (xvi) Bay Area APCD.
    (A) Regulation 2, section 3212.
    (B) Regulation 3, section 3203.
    (xvii) [Reserved]
    (xviii) Amador County APCD.
    (A) Rule 404.
    (B) New or amended Rules 101, 102, 104, 105, 106, 107, 201, 202, 
204, 206, 207.1, 209, 210(A), 211, 212, 213.2, 213.3, 214, 305, 307, 
308, 312, 401, 402, 403, 405, 406, 408, 409, 601, 602, 603, 702, 704, 
705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
    (C) Previously approved and now deleted (without replacement) Rules 
18.1 (Regulation V), 22 (Regulation V).
    (D) Previously approved on January 24, 1978 and now deleted without 
replacement Rules 705 to 709 and 712 to 716.
    (E) Previously approved on January 24, 1978 and now deleted without 
replacement Rules 213.2 and 213.3.
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(31)(xvii)(B) of this section and now deleted without replacement, 
Rule 105.
    (32) Revised regulations for the following APCD's submitted on 
August 2, 1976 by the Governor's designee.
    (i) Bay Area APCD.
    (A) Regulation 2: (1) Sections 2022.1-2, 2035.1, 3211.1, and 
Divisions 16-18.
    (ii) Stanislaus County APCD.
    (A) Rules 102, 104, 105, 111, 112, 114, 301, 305, 407.1, 416, 416.1, 
422, 423, 501, 504, and 511.
    (B) Previously approved on August 22, 1977 and now deleted without 
replacement Rules 501, 404, and 511.
    (C) Previously approved on August 22, 1977 in paragraph 
(c)(32)(ii)(A) of

[[Page 180]]

this section and now deleted without replacement, Rules 104, 105, 112, 
422, and 423.
    (iii) Merced County APCD.
    (A) Rules 411 and 411.1.
    (B) Rule 109.
    (C) New or amended Rules 102, 103, 103.1, 104, 105, 108.1, 110 to 
115, 302, 401, 404, 405, 407.1, 408.1, 408.2, 409, 409.1, 409.2, 410, 
412, 416, 416.1[(I), (II) (A-L), (II) (N-O), (III), (IV), (V), and 
(VI)], 421(a), 501, 504, 505, 511, and 518.
    (D) Previously approved and now deleted (without replacement) Rules 
102(hh) and 102(ii).
    (E) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 105, 501, amd 504.
    (F) Previously approved on June 14, 1978 in paragraph 
(c)(32)(iii)(C) of this section and now deleted without replacement, 
Rule 302.
    (iv) Southern California APCD.
    (A) New or amended Rules 403, 404, 405, 407, 408, 409, 432, 441, 
443, 464, 465, 467, 470, 471, 472, 473, 504, 505, 510, 802, 805, 806, 
812, 816.
    (B) Previously approved and deleted (without replacement).
    (1) Los Angeles County APCD Rules 53.1, 55.
    (2) San Bernardino County APCD Rules 50, 51.
    (3) Riverside County APCD Rule 55.
    (4) Orange County APCD Rule 55.
    (C) Rules 202 and 219.
    (D) Previously approved on June 14, 1978 and now deleted without 
replacement Rules 504, 505, 510, 802, 805, 806, 812, and 816.
    (E) Previously approved on June 14, 1978 and now deleted without 
replacement.
    (1) Los Angeles County APCD Rule 505.
    (2) Riverside County APCD Rule 505.
    (3) San Bernadino County APCD Rule 505.
    (F) Previously approved on June 14, 1978 and now deleted without 
replacement Rule 432.
    (v) Plumas County APCD.
    (A) Amended Rule 324.
    (vi) El Dorado County APCD.
    (A) Amended Rule 211.
    (33)-(34) [Reserved]
    (35) Revised regulations for the following APCDs submitted on 
November 10, 1976 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) Rules 1, 2, 11, 12, 21, 22a, 22b, 24, 25, 27, 28, 29, 33, 39, 
44, 70, 71, 90, 92, 93, 94, 95, 96, 97, 98, and definitions list 
addition to Regulation VII.
    (B) Rule 14.
    (ii) Southern California APCD.
    (A) Rule 461.
    (iii) Ventura County APCD.
    (A) Rule 70.
    (B) Rules 2, 57, 72, and 73 and Regulation VII (Rules 110-129).
    (C) Previously approved on August 15, 1977 and now deleted without 
replacement Rules 115 to 119, 112, and 128 to 129.
    (D) Previously approved on August 15, 1977 in paragraph 
(c)(35)(iii)(B) of this section and now deleted without replacement, 
Rules 72 (72.9-72.10) and 73.
    (iv) Santa Barbara County APCD.
    (A) Rule 35.2.
    (v) San Joaquin County APCD.
    (A) Rules 102, 103, 103.1, 104, 105, 111, 112, 301, 305, 402, 416.1, 
501, 504, 511.
    (B) Previously approved on October 4, 1977 and now deleted without 
replacement Rule 501.
    (C) Previously approved on October 4, 1977 in paragraph 
(c)(35)(v)(A) of this section and now deleted without replacement, Rules 
104, 105, and 112.
    (vi) Tulare County APCD.
    (A) Rules 102, 103, 103.1, 104, 105, 110, 112, 115, 305 (402 
paragraphs a. through e. and g.), 405, 407.1, 407.3, 409, 417.1, and 
421.
    (B) Rules 111 and 402(f).
    (C) Previously approved on September 21, 1976 and now deleted 
without replacement Rules 105 and 305.
    (vii) Fresno County APCD.
    (A) Rules 407 and 408.
    (viii) Imperial County APCD.
    (A) Rules 100, 114.5, 131.5, and 148.D(3).
    (ix) Del Norte County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300, 
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following 
portions of Regulation 2: General prohibitions (all of page 1), Articles 
I and II, paragraphs

[[Page 181]]

A1, A2, A3, A4, 5, 7, and 8 of Article III, and Articles IV to VII.
    (x) San Diego County APCD.
    (A) Rules 2(k), 3, 50, 52, 53, 60, 62.
    (xi) Monterey Bay Unified APCD.
    (A) Rules 101, 104, 106, 214, 301, 404(c), 406, 407, 415, 601 to 
603, 609, 801, 805, and 811.
    (xii) San Luis Obispo County APCD.
    (A) New or amended Rules 101 Title, 102, 103, 105(A)(2) through 
105(A)(46), 106, 108, 109, 110 Enforcement, 111, 401, 403, 405, 408, 
409, 410, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 
813, 814, 815, 816, 817.
    (B) Rule 107.
    (C) Rules previously approved and now deleted (without replacement) 
101(1)(b), 101(2), 101(3), and 101(4) Effective Date, 110 Prohibitions, 
116(1), 116(3), 119(1) and 119(4).
    (D) Amended Rules 501 and 502 (sections A-F, H-I, K-N, O(1), P-Q).
    (E) New or amended Rules 202, 205, 206, 207, 208, 209, 210, and 211.
    (F) Previously approved on August 4, 1978 and now deleted without 
replacement Rules 801 to 817.
    (G) Previously approved on August 4, 1978 and now deleted without 
replacement Rules 102 and 408.
    (H) Previously approved on August 4, 1978 in paragraph 
(c)(35)(xii)(A) of this section and now deleted without replacement, 
Rules 110 and 111.
    (xiii) Kern County APCD.
    (A) New or amended Rules 102, 102(d), 102(oo), 103, 103.1, 104 to 
105, 110, 112, 301(f), 305(a), 402 (c) and (e), 417(I)(A), 
417(II)(B)(L), 501, and 511.
    (B) Rule 504.
    (C) Previously approved on March 22, 1978 and now deleted without 
replacement Rules 105, 501, 504, and 511 (including Southeast Desert).
    (D) Previously approved on March 22, 1978 in paragraph 
(c)(35)(xiii)(A) of this section and now deleted without replacement, 
Rule 104.
    (xiv) Humboldt County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300, 
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following 
portions of Regulation 2: General prohibitions (all of page 1), Articles 
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, 
Articles IV to VII, and Appendix A.
    (D) Previously approved and now deleted (without replacement) Rules 
5, 6, 80, 87, and 95.
    (E) Previously approved on August 2, 1978 and now deleted without 
replacement Rules 340, 510, and 620 to 650.
    (xv) Mendocino County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and noncriteria pollutants), 190, 300 (except paragraph (a)), 310, 340, 
400(b), 410(b), 410(c), 430, 440, 460, 470, 480, 482, 500, 510, 520, 
600, 610, 620, 630, 640, and 650; and the following portions of 
regulation 2: General prohibitions (all of page 1), Articles I and II, 
paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and 
V, Article VI(a) to (i), Article VII, and Appendices B and C.
    (D) Previously approved and now deleted (without replacement) Parts 
IV, V-5-B, VI-1, and VI-4.
    (E) Previously approved on November 7, 1978 and now deleted without 
replacement Rules 510, 620, 640, and 650.
    (F) Previously approved on November 7, 1978 in paragraph 
(c)(35)(xv)(C) of this section and now deleted without replacement, 
Rules 340.
    (xvi) Northern Sonoma County APCD.
    (A) Rule 540.
    (B) New or amended Rules 100, 110, 120, 130, 150, 160, (except 
160(a) and non-criteria pollutants), 190, 300, 310, 320, 340, 400(b), 
410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610, 
620, 630, 640, and 650; and the following portions of Regulation 2: 
General prohibitions (all of page 1), Articles I and II, paragraphs A1, 
A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and V, paragraphs 
(a) to (i) of Article VI, and Article VII.
    (C) Previously approved on August 16, 1978 and now deleted without 
replacement Rules 340, 510, 600, 610, 620, 630, 640, and 650.
    (xvii) Trinity County APCD.
    (A) Rule 540.
    (B) [Reserved]
    (C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a) 
and non-

[[Page 182]]

criteria pollutants), 190, 240(d) except paragraph (3)), 300, 310, 320, 
340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482, 500, 510, 
520, 600, 610, 620, 630, 640, and 650; and the following portions of 
regulation 2: General prohibitions (all of page 1), articles I and II, 
paragraphs A1, A2, A3, A4, 5, 7 and 8 of article III, articles IV and V, 
paragraphs (a) to (i) of article VI, and article VII.
    (D) Previously approved on August 2, 1978 and now deleted without 
replacement Rules 340, 510, and 620 to 650.
    (36) Revised regulations for the following APCD were submitted on 
November 19, 1976, by the Governor's designee.
    (i) Southern California APCD.
    (A) Rules 213, 213.1, and 213.2.
    (B) Previously approved on November 9, 1978 and now deleted without 
replacement Rule 213, 213.1, and 213.2.
    (37) Revised regulations for the following APCD's submitted on 
February 10, 1977, by the Governor's designee.
    (i) Southern California APCD.
    (A) New or amended Rules 102, 468, 469, 474, 475, 476.
    (B) Rule 430.
    (C) Amended Rule 431.
    (ii) San Diego County APCD.
    (A) Rule 68.
    (iii) San Luis Obispo County APCD.
    (A) Rule 112, and Rules 404(A) through 404(B)(1)(a), 404(B)(1)(c), 
404(B)(2), 404(B)(3), 404(B)(4), 404(c), 404(D), and 404(E).
    (iv) Lake County APCD.
    (A) Rules 500, 510, and 511.
    (B) New or amended sections 100, 200 to 205.1, 207 to 234, 236, 238 
to 260, 300, 301, 400, 401, 402 (A to E, and G), 410, 411, 412 (A and 
C), 430 to 439, 520, 530 to 533, 800, 900 to 902, 1000 to 1003, 1100, 
1200, 1300, 1400, 1500, 1600, 1601, 1610, 1611, 1612, 1620, 1700, 1701, 
1710 to 1714, 1720 to 1725, 1730, 1731 to 1736, and tables I, II, III, 
IV, and V.
    (C) Previously approved and now deleted (without replacement) part 
II; sections 9, 15, 18, 28, 42, 43, 49a, 49b, 50, 52, and 54 of part 
III; sections 1 to 4 of part IV; section (1)(B) of part V; and parts IV 
and VI of Appendix B.
    (D) Previously approved on August 4, 1978 and now deleted without 
replacement Rules 300, 800, 1600, 1601, 1610 to 1612, 1620, 1700 to 
1701, 1710 to 1714, 1720 to 1725, 1730 to 1736, and Tables I to V.
    (E) Previously approved on August 4, 1978 in paragraph 
(c)(37)(iv)(B) of this section and now deleted without replacement, 
Rules 531, 901, and 1500.
    (v) Tuolumne County APCD.
    (A) Rule 404.
    (B) New or amended Rules 102, 202, 203, 206, 207, 208, 209, 213, 
215, 216, 217, 301, 302, 303, 304, 308, 319, 321, 322, 323, 324, 402, 
407, 409, 601, 602, 603, 604, 605, 700, 701, 702, 703, 704, 705, 706, 
707, 708, 709, 710, 711, 712, 713, 714, 715, 716, and 717 and rescinded 
Rules 413 and 414.
    (C) Previously approved on December 6, 1979 and now deleted without 
replacement Rules 601 to 605, 700 to 704, and 705 to 716.
    (D) Previously approved on December 6, 1979 in paragraph 
(c)(37)(v)(B) of this section and now deleted without replacement, Rules 
216, 323, and 324.
    (38) Revisions to air pollution emergency episode plans submitted on 
June 1, 1977 by the Governor's designee.
    (i) South Coast Air Quality Management District's Regulation VII 
Emergencies as revised on May 6, 1977. No action has been taken on those 
portions of Rules 702, 703, 704, 706, 708, 708.2, 710, 711, 712 and 714 
that pertain to sulfate, oxidant in combination with sulfate, or oxidant 
in combination with sulfur dioxide. No action has been taken on Rules 
708.2(b)(3)(B), 708.2(b)(4)(B), 708.2(b)(4)(C) and 708.2(b)(5)(C).
    (39) Revised regulations for the following APCDs submitted on June 
6, 1977, by the Governor's designee.
    (i) Great Basin Unified APCD.
    (A) Rule 403.
    (ii) San Bernardino County APCD (Southeast Desert portion).
    (A) Rule 430.
    (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
    (C) New or amended Rules 104, 106, 208, 218, 401, 403, 53-A(a), 407 
to 409, 431, 432, 441 to 443, 464 to 470, 472, 473, 475, 476, 503 to 
508, 510 to 518, 801 to 817.
    (D) [Reserved]
    (E) Rules 703, 704 (except those portions that pertain to the 
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707, 
708, 709, 710, 711, 713, and 714.
    (F) Previously approved on September 8, 1978 and now deleted without

[[Page 183]]

replacement Rules 503 to 508, 510 to 516, 518, and 801 to 817.
    (G) Previously approved on October 8, 1978 and now deleted without 
replacement Rules 466 and 467.
    (iii) Los Angeles County APCD (Southeast Desert portion).
    (A) Rule 430.
    (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
    (C) New or amended Rules 101, 102, 2, 103 to 106, 208, 218, 301, 42, 
401, 403 to 405, 407 to 409, 431, 432, 441 to 444, 461, 463 to 476, 502 
to 518, 801 to 817.
    (D) Deleted without replacement Rule 53.1, and Regulation VI--
Orchard or Citrus Grove Heaters.
    (E) Rules 701, 702, 703, 704 (except those portions that pertain to 
the criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 
707, 708, 709, 710, 711, 712, 713, 714, and 715.
    (F) Previously approved on September 8, 1978 and now deleted without 
replacement Rules 502 to 516, 518, and 801 to 817.
    (G) Previously approved on September 8, 1978 in paragraph 
(c)(39)(iii)(C) of this section and now deleted without replacement, 
Rules 42 and 105.
    (iv) Riverside County APCD (Southeast Desert portion).
    (A) Rule 430.
    (B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217 and 219.
    (C) New or amended Rules 103, 104, 208, 218, 301, 42, 401, 403 to 
405, 53, 56, 407 to 409, 431, 432, 441 to 444, 463 to 476, 73, 503 to 
518, 801 to 817.
    (D) Deleted without replacement Regulation V--Orchard, Field or 
Citrus Grove Heaters.
    (E) Rules 702, 703, 704 (except those portions that pertain to the 
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707, 
708, 709, 710, 711, 712, 713, 714, and 715.
    (F) Previously approved on September 8, 1978 and now deleted without 
replacement Rules 503 to 516, 518, and 801 to 817.
    (G) Previously approved on September 8, 1978 in paragraph 
(c)(39)(iv)(C) of this section and now deleted without replacement, 
Rules 42 and 301.
    (v) Yolo-Solano APCD.
    (A) Amended Rule 2.21.
    (vi) South Coast Air Quality Management District.
    (A) Amended Rule 461.
    (B) Amended Rule 431.
    (vii) Mariposa County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
203 (with the exception of (D)), 206(B), 207, 208, 211, 215, 216, 301, 
302, 303, 304, 308, 319, 320, 321, 322, 324, 402, 404, 407, 507, 514, 
600, 603, and 610.
    (B) Previously approved and now deleted (without replacement) Rule 
203(k).
    (C) Previously approved on June 6, 1977 and now deleted without 
replacement Rules 600, 603, and 610.
    (D) Previously approved on August 16, 1978 in paragraph 
(c)(39)(vii)(A) of this section and now deleted without replacement, 
Rules 216 and 402.
    (viii) Sierra County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215, 
216, 301, 302, 303, 308, 319, 320, 321, 322, 324, 402, 404, 407, 409, 
507, 514, 516, 600 to 617.
    (B) Previously approved and now deleted (without replacement) Rules 
203(j) and 620.
    (C) Previously approved on September 14, 1978 and now deleted 
without replacement Rules 601 to 602, 604 to 609, and 611.
    (D) Previously approved and now deleted, Rule 102.
    (ix) Plumas County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215, 
216, 301, 302, 303, 304, 307, 308, 319, 320, 321, 322, 324, 402, 404, 
407, 409, 507, 514, 602 to 605, 700, 703, and 710.
    (B) Previously approved on September 14, 1978 and now deleted 
without replacement Rules 602 to 605, 700, and 710.
    (C) Previously approved and now deleted, Rule 102.
    (x) Nevada County APCD.
    (A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS), 
103, 104, 203(e and i), 206(B), 207, 216, 304, 319, 320, 321, 402, 407, 
409, 507, 514, 700, 703(E and I), 704, 710 and 711(A).

[[Page 184]]

    (B) Previously approved on September 14, 1978 and now deleted 
without replacement Rules 704, 710, and 711(A).
    (C) Previously approved and now deleted, Rule 102.
    (D) Previously approved on September 14, 1978 in paragraph 
(c)(39)(x)(A) of this section and now deleted without replacement, Rule 
402.
    (40) [Reserved]
    (41) Revised regulations for the following APCD's submitted on 
October 13, 1977, by the Governor's designee.
    (i) Kings County APCD.
    (A) New or amended Rules 412 and 412.2.
    (ii) San Diego County Air Pollution Control District.
    (A) New or amended Rules 2(b), 2(t), 2(u), 2(v), 2(w), 3, 19.2, 40, 
42, 50, 52, 53, 54, 61.5, 64, 65, 66, 68, 71, 76, 77, 85, 95, 96, 
101(f), 102(d), 102(e), 103(d), 103(g), 104, 109, and 177.
    (1) Rule 65 is now removed without replacement as of March 14, 1989.
    (B) Previously approved and now deleted (without replacement) Rule 
113.
    (C) Regulation VIII, Rules 126-138 and Appendix A, except as these 
rules apply to the 12-hour carbon monoxide episode criteria specified in 
Rule 127.
    (D) Previously approved on August 31, 1978 and now deleted without 
replacement Rules 77, 85, and 96.
    (E) Previously approved on August 31, 1978 and now deleted without 
replacement Rule 3.
    (F) Previously approved on August 31, 1978 in paragraph 
(c)(41)(ii)(A) of this section and now deleted Rule 104 (now replaced by 
Rule 101).
    (iii) Bay Area APCD.
    (A) New or amended rules: Regulation 1, section 3121 and Regulation 
2, sections 3210.5 to 3210.11.
    (iv) Ventura County APCD.
    (A) New Rule 105.
    (v) Kern County APCD.
    (A) Rule 108.
    (vi) San Luis Obispo County APCD.
    (A) New Rule 113.
    (vii) Monterey Bay Unified APCD.
    (A) New Rules 215, 422.
    (viii) Amador County APCD.
    (A) New or amended Rules 102(C), 102(F), 102(AW), 103, 205(A)(1), 
207, 212, 216, 302(A), 304, 305(C), 313(A), 507, 602.1, 604, 605, 701, 
703(E) and 710.
    (ix) Calaveras County APCD.
    (A) New or amended Rules 102, 203 (with the exception of (D) and 
(G)), 206(B), 207, 208, 209, 211, 215, 216, 217, 301, 302, 303, 304, 
319, 320, 321, 322, 323, 324, 402, 404, 407, 507, 602 to 604, 700, 702, 
703, 710, and 715.
    (B) Previously approved and now deleted (without replacement) Rule 
203(J).
    (C) Previously approved on November 7, 1978 and now deleted without 
replacement Rules 700, 702, 703, 710, 715.
    (D) Previously approved on November 7, 1978 in paragraph 
(c)(41)(ix)(A) of this section and now deleted without replacement, 
Rules 216, 324, 402, 602, 603, and 604.
    (x) Placer County APCD.
    (A) New or amended Rules 101, 102, 103, 104, 203 (with the exception 
of (G)), 206, 207, 208, 210, 211, 213, 214, 301 to 311, 313 to 322, 401, 
402, 404, 407, 408, 409, 507, 603 to 605, 702 to 704, 706, 708, 709, 
710, 715, 801 to 804.
    (B) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 703, 704, 708 to 710, and 715 (Mountain Counties Air 
Basin).
    (C) Previously approved on November 15, 1978 and now deleted without 
replacement Rules 603 to 605, 702 to 704, 706, 708 to 710, and 715 (Lake 
Tahoe Air Basin).
    (D) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, Rule 
402.
    (E) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, Rules 
801 to 804 (Lake Tahoe Air Basin).
    (F) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, Rules 
801, 802, 803 (paragraphs B and C), and 804 (Mountain Counties Air 
Basin).
    (G) Previously approved on November 15, 1978 in paragraph 
(c)(41)(x)(A) of this section and now deleted without replacement, Rules 
603, 604, 605, and 801 to 804 (Sacramento Valley Air Basin).
    (xi) Tulare County APCD.
    (A) New or amended Rules 108 and 412.1
    (xii) Shasta County APCD.

[[Page 185]]

    (A) New or amended Rules 1:2 (with the exception of the definition 
of ``person''); 2:6(1)(a), (1)(b), (i-ii), (1)(b)(iii), (a, b, and d), 
(1)(b), (iv-vii), (1)(c), (i-vi and viii), (1) (d and e), (2) (a-d and 
f), (3) (a-c and e-g), (4) (a-c and e-i), (5) (b-d); 2:7, 2:8; 3:2 
(except part VI and VII of table II, and explanatory notes 6 and 7); 
3:4, 4:1, 4:5, 4:6, 4:14, and 4:19.
    (B) Previously approved on November 14, 1978 and now deleted without 
replacement Rules 4.5 and 4.6.
    (xiii) Madera County APCD.
    (A) Amended Rule 412.1.
    (xiv) South Coast Air Quality Management District.
    (A) New or amended Rules 101 and 102 (except for the definition of 
``agricultural burning'').
    (xv) Northern Sonoma County APCD.
    (A) New or amended Rules 420(e) and (f), and 455(a) and (d).
    (42) Revised regulations for the following APCD's submitted on 
November 4, 1977 by the Governor's designee.
    (i) Imperial County APCD.
    (A) New or amended Rules 100 to 110, 113 to 115, 301 to 303, 305, 
401, 403 to 406, 408, 409, 411 to 416, 419 to 422, 501 to 516, and 701 
to 706.
    (B) Previously approved and now deleted (without replacement), Rules 
106B, 113, 126, 131 and 147.
    (C) Rules 601, 602 (except those portions that pertain to the 
criteria levels for carbon monoxide and sulfur dioxide), 603, 604, 605, 
606, 607, 608, 609, 610, 611, 612, 613, and 614.
    (D) New Rule 417 (A-H, and J).
    (E) Previously approved on August 11, 1978 and now deleted without 
replacement Rules 501 to 512 and 514 to 516.
    (F) Previously approved on August 11, 1978 in paragraph 
(c)(42)(i)(A) of this section and now deleted without replacement, Rules 
104, 106, and 303.
    (ii) Sacramento County APCD.
    (A) Rules 3, 7(a) to 7(b)(2), 7b(4) to 7(d), 9, 11, 12, 13, 14, 15, 
21, 22a, 23, 24, 25, 26, 94, 95, 96, 97, and 98.
    (B) Rules 120, 121, 122, 125, and 126, except those portions that 
pertain to the 12-hour CO criteria level.
    (iii) Kings County APCD.
    (A) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110, 
111, 112, 113, 401, 402(a) to 402(d), 402(f), 402(g), 404, 404.1, 405, 
405.1, 405.2, 405.3, 406, 407.1, 409, 410, 416.1, 417, 417.1, 418, 421, 
and 501.
    (B) Previously approved and now deleted, Rule 405.1.
    (C) Previously approved on August 4, 1978 and now deleted without 
replacement Rules 105 and 501.
    (D) Previously approved on August 4, 1978 in paragraph 
(c)(42)(iii)(A) of this section and now deleted without replacement, 
Rules 104 and 110.
    (iv) Stanislaus County APCD.
    (A) New or amended Rules 103.1, 108, 411.1.
    (v) Merced County APCD.
    (A) Amended Rules 411(b) and 411.1.
    (vi) Kern County APCD.
    (A) Rule 412.1.
    (vii) San Luis Obispo County APCD.
    (A) New or amended Rules 105(A)(1), 407, 501(A)(7), 502(A)(3).
    (viii) Glenn County APCD.
    (A) New or amended Rules 82, 152, and 154.
    (B) Previously approved on September 14, 1978 in paragraph 
(c)(42)(viii)(A) of this section and now deleted without replacement, 
Rules 152 and 154.
    (ix) Great Basin Unified APCD.
    (A) New or amended Rules 300, 423, and 617.
    (B) Previously approved and now deleted (without replacement) Rules 
411 and 418.
    (x) El Dorado County APCD.
    (A) New or amended Rules 102, 201, 203 [with the exception of (G)], 
206(B), 207, 208, 215, 216, 217, 217-49 to 217-50, 217-51(A to D), 217-
53 to 217-56, 217-1 to 217-3, 302, 303, 304, 307, 308, 319, 320, 321, 
322, 324, 402, 407, 409, 507, 700, 703 and 710.
    (B) Previously approved on November 6, 1978 in paragraph 
(c)(42)(x)(A) of this section and now deleted Rule 102.
    (C) Previously approved on November 6, 1978 in paragraph 
(c)(42)(x)(A) of this section and now deleted without replacement, Rules 
216, 324, and 402.
    (xi) Fresno County APCD.
    (A) New or amended Rules 411.1 and 416.1(g).
    (xii) San Joaquin County APCD.
    (A) New or amended Rules 108 and 411.2.
    (xiii) San Bernardino County Desert APCD.

[[Page 186]]

    (A) New or amended Rules 101, 102, 103, 105, 404, 405, 406(a), 444, 
461, 462, 463, 471, 474, 501, 502 and 509.
    (B) Previously approved and now deleted without replacement Rules 44 
and 53.1.
    (C) Rules 701, 702, 712, and 715.
    (D) Previously approved on December 21, 1978 and now deleted without 
replacement Rules 501, 502, and 509.
    (xiv) Riverside County APCD.
    (A) New or amended Rules 101, 102, 105, 461, and 501.
    (B) Rule 701.
    (C) Previously approved on December 21, 1978 and now deleted without 
replacement Rule 501.
    (D) Previously approved on December 21, 1978 in paragraph 
(c)(42)(xiv)(A) of this section and now deleted without replacement, 
Rule 105 (Mojave Desert AQMD only).
    (xv) Del Norte County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to regulation 1.
    (xvi) South Coast Air Quality Management District.
    (A) New or amended Rules 218, 463, and 466.
    (B) Rules 702 (map only) and 708.2.
    (C) Rules 714 and 715.1 (except those portions that pertain to 
sulfate, oxidant in combination with sulfate, and oxidant in combination 
with sulfur dioxide).
    (xvii) Humboldt County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to Regulation 1.
    (xviii) Santa Barbara County APCD.
    (A) New Rule 39.3.
    (xix) Mendocino County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to Regulation 1.
    (xx) Trinity County APCD.
    (A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and 
(d), and Appendix D to Regulation 1.
    (xxi) Northern Sonoma County APCD.
    (A) New or amended Rules 240(e), 310, and Appendix D to Regulation 
1.
    (xxii) Monterey Bay Unified APCD.
    (A) Regulation VII, Rules 700-713.
    (43) [Reserved]
    (44) Revised regulations for the following APCD's submitted on June 
22, 1978, by the Governor's designee.
    (i) Great Basin Unified APCD.
    (A) Amended Rule 419.
    (ii) Santa Barbara County APCD.
    (A) New Rule 24.15.
    (iii) Ventura County APCD.
    (A) New or amended Rules 2, 7, and 56 (with the exception of 
Sections B(2)(c) and C).
    (iv) Yolo-Solano APCD.
    (A) Amended Rules 1.2 (preamble), 1.4, 2.8(c)(2), 2.13(h)(4), 2.15, 
2.17, 2.20, 4.4(b), 5.1, 5.4(e)(1), 5.10, 5.11, and 6.7(f).
    (B) Previously approved and now deleted (without replacement) Rule 
2.8(b)(4).
    (C) Previously approved on January 29, 1979 and now deleted without 
replacement Rules 5.1, 5.10 and 5.11.
    (D) Previously approved on January 29, 1979 in paragraph 
(c)(44)(iv)(A) of this section and now deleted without replacement, Rule 
1.4.
    (v) South Coast Air Quality Management District.
    (A) Rules 102, 501.1, and 503.
    (B) Previously approved on March 28, 1979, and now deleted without 
replacement Rule 503.
    (vi) San Diego County APCD.
    (A) New or amended Rules 66, 67.0, and 67.1.
    (45) Revised regulations for the following APCD's submitted on July 
13, 1978 by the Governor's designee.
    (i) Bay Area APCD.
    (A) New or amended Regulation 2, Division 3, sections 3210.11(B), 
3211.2; Regulation 3, Division 3, Sec. 3102.1; Regulation 9.
    (ii) South Coast AQMD.
    (A) Rules 302, 461, 465, 1102, and 1113.
    (iii) San Diego County APCD.
    (A) New or amended Rules 42, 76, and 97.
    (B) Previously approved on July 30, 1979 and now deleted without 
replacement Rules 76 and 97.
    (46) The following Administrative Chapters of the California SIP, 
submitted on December 29, 1978, by the Governor's designee.
    (i) Chapter 2--Statewide Perspective.
    (ii) Chapter 20--Compliance.
    (iii) Chapter 23--Source Surveillance.
    (iv) Chapter 24--Resources.

[[Page 187]]

    (v) Chapter 25--Intergovernmental Relations.
    (47) Revised regulations for the following APCD's submitted on 
January 2, 1979 by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rules 301, 303, 708.3, 1201-1206, 1209-1211, 
1214, 1217, 1220-1221, 1223-1224 and 1231.
    (B) New or amended Rules 462, 481, and 1104.
    (C) Previously approved on May 9, 1980 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rules 1201-1205, 1209-1211, 1214, 1217, 1220-1221, and 
1223-1224.
    (D) Previously approved on May 9, 1980 and now deleted without 
replacement for implementation in the South Coast Air Quality Management 
District, Rule 1231. (JR)
    (ii) Fresno County APCD.
    (A) New or amended Rules 110, 416.1, and 519.
    (B) New or amended Rule 409.1.
    (iii) Kern County APCD.
    (A) New or amended Rules 111, 301, and 519.
    (B) Rule 412.
    (iv) Lake County APCD.
    (A) New or amended Rules 435, and 436, and Tables V and VI.
    (v) Monterey Bay Unified APCD.
    (A) Amended Rule 301.
    (vi) Siskiyou County APCD.
    (A) Amended Rule 4.3.
    (vii) San Luis Obispo County APCD.
    (A) Rule 407.
    (B) New or amended Rule 201.
    (48) Chapter 3--Legal Authority of the California SIP, submitted on 
March 16, 1979, by the Governor's designee.
    (49) Addendum to Chapter 23 of the California SIP submitted on March 
29, 1979, by the Governor's designee.
    (50) Revised regulations for the following APCD's submitted on May 
7, 1979, by the Governor's designee.
    (i) Del Norte County APCD.
    (A) New or amended Rules 240, 410 (a) and (c), and 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 615.
    (ii) Humboldt County APCD.
    (A) New or amended Rules 240, 410 (a) and (c), 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 615.
    (iii) Mendocino County APCD.
    (A) New or amended Rules 240, 410, and 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 615.
    (iv) Trinity County APCD.
    (A) New or amended Rules 240, 410 (a) and (c), and 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 615.
    (v) Northern Sonoma County APCD.
    (A) New or amended Rules 240, 300, 310, 320, 410 (a) and (c), 420, 
540, 615.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rules 320 and 615.
    (vi) Merced County APCD.
    (A) New or amended Rule 409.1.
    (B) New or amended Rule 519.
    (vii) Modoc County APCD.
    (A) New or amended Rules 1:2 w, 2:11, 2:15, 3:3 and 3:4.
    (viii) Monterey Bay Unified APCD.
    (A) Rules 403 and 602.
    (ix) Ventura County APCD.
    (A) New or amended Rules 71 and 71.3.
    (B) New or amended Rule 11.
    (x) San Diego County APCD.
    (A) New or amended Rule 10(h) and deletion of Rule 43.
    (51) Revised regulations for the following APCD's submitted May 23, 
1979, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rules 305 and 503.
    (B) Rules 410.1 and 424.
    (C) Previously approved on August 11, 1980 and now deleted without 
replacement Rule 503 (including Southeast Desert).
    (ii) Monterey Bay Unified APCD.
    (A) Rule 417.
    (B) Rule 617.
    (iii) Del Norte County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 320.
    (iv) Humboldt County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.

[[Page 188]]

    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 320.
    (v) Mendocino County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 320.
    (vi) Trinity County APCD.
    (A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation 
1/Appendix D.
    (B) Previously approved on October 31, 1980 and now deleted without 
replacement Rule 320.
    (vii) San Diego County APCD.
    (A) Amended Rules 2(t), 61.5, and 61.7.
    (B) New or amended Rules 19.2(d)(4), 50, 62(a), 66(P) and (W), 95, 
and 98.
    (C) New or amended Rule 11.
    (D) Previously approved on September 28, 1981 and now deleted 
without replacement Rules 95 and 98.
    (viii) San Joaquin County APCD.
    (A) New or amended Rule 409.1.
    (B) New or amended Rules 110 (a), (b), and (d)-(i), 301, 303-311, 
and 511.
    (C) New or amended Rules 102, 108.2, 110(c), 302, 401, and 521.
    (D) Previously approved on December 9, 1981 and now deleted without 
replacement Rules 301, 303 to 311, and 511.
    (E) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 302.
    (ix) Stanislaus County APCD.
    (A) New or amended Rule 409.1.
    (B) New or amended Rule 110 (A), (B) and (D)-(I).
    (C) New or amended Rules 110(c) and 519.
    (D) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 519.
    (x) Tulare County APCD.
    (A) New or amended Rules 410.1 and 413.
    (B) New or amended Rules 111 (a), (b), and (d)-(i), 402, and 417.
    (C) New or amended Rules 108, 111(c), 201, 410 and 519.
    (xi) Lake County APCD.
    (A) New Rules 227.1, 254.1, and 660.
    (B) Previously approved on January 27, 1981 in paragraph 
(c)(51)(xi)(A) of this section and now deleted without replacement, Rule 
660.
    (xii) San Bernardino County Desert APCD.
    (A) New Rules 480 and 501.1.
    (B) New or amended Rules 442, 463, and 1113.
    (C) Previously approved on January 27, 1981 and now deleted without 
replacement Rule 501.1.
    (xiii) Santa Barbara County APCD.
    (A) New or amended Rules 101, 102, 103, 104, 201(A, B, D, E, F, and 
G), 202, 203, 204, 205(A and B), 206, 207, 208, 209, 210, 211, 301, 302, 
304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 317, 319, 322, 
324, 328, 401, 402, 403, 501, 502, 503, 504, 505, 505-A, 506, 507, 508, 
509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 601, 602, 603, 
604, 605, 606, 607, 608, 609, and 610.
    (B) Previously approved on May 18, 1981 and now deleted without 
replacement Rules 210 to 211, 501 to 504, 506 to 512, 514 to 516, and 
518.
    (C) Previously approved on May 18, 1981 in paragraph 
(c)(51)(xiii)(A) of this section and now deleted without replacement, 
Rule 402.
    (xiv) El Dorado County APCD--Lake Tahoe Air Basin Portion.
    (A) New or amended Rules 101, 102 (except LAER, stationary source, 
modification definitions), 103, 104, 201-203, 206A-212, 217, 301-305, 
307-310, 312-321, 404, 702-704, 706-710, and 801-804. Deleted Rules 
59(g)(1), 102I, 102S, 102BB, 102FF, 102GG, 102LL, 102RR, 208, 214, 601, 
602, and 700.
    (B) Amended Rule 306.
    (C) New or amended Rules 102, LAER, stationary source, and 
modifications; 213; and 214.
    (D) Previously approved on May 18, 1981 in paragraph (c)(51)(xiv)(A) 
of this section and now deleted without replacement, Rules 801 to 804.
    (xv) Placer County APCD--Mountain Counties Air Basin Portion.
    (A) New or amended Rules 404, 602, and 603.
    (B) Deletion of Rules 604 and 605.
    (C) Previously approved on May 18, 1981 and now deleted without 
replacement Rules 404, 602, and 603.
    (xvi) Sacramento County APCD.
    (A) Amended Rule 71.
    (B) Previously approved on January 26, 1982 and now deleted without 
replacement Rule 71.
    (xvii) Shasta County APCD.
    (A) Amended Rule 3.4.

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    (xviii) Sierra County APCD. (A) New or amended Rules 207, 210, 211, 
218 and 618.
    (B) Previously approved on January 25, 1982 in paragraph 
(c)(51)(xviii)(A) of this section and now deleted without replacement, 
Rule 618.
    (xix) Tehama County APCD.
    (A) Amended Rule 2.1 and previously approved and now deleted Rule 
2.9 (Action on Applications).
    (xx) Ventura County APCD.
    (A) New or amended Rules 6, 8, 9, 13, 24, 40, 63, 75, 102, 103, 110, 
111, 112, 113, 114, 120, 121, 123, 124, 125, 126, 127, and 130.
    (B) Previously approved on June 18, 1982 and now deleted without 
replacement Rules 40, 110, 120 to 121, 123 to 126, and 130.
    (C) Previously approved on June 18, 1982 in paragraph (c)(51)(xx)(A) 
of this section and now deleted without replacement, Rule 9.
    (52) Revised regulations for the following APCD's submitted October 
15, 1979, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rule 302
    (B) Rules 410.4, 410.5, and 414.2.
    (C) Previously approved on August 21, 1981 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
414.2.
    (ii) Imperial County APCD.
    (A) Rules 415.1 and 424.
    (B) New or amended Rules 101 L, 110, 201B, 301, 302, 304, 306, 401, 
404, 406, 408, 410, 417 I, 418, 419, 422, Regulation VI, 701, 702, 703 
(deletion), 705, and 706.
    (C) Previously approved on January 27, 1981 in paragraph 
(c)(52)(ii)(B) of this section and now deleted without replacement, 
Rules 304 and 706.
    (iii) [Reserved]
    (iv) Kings County APCD.
    (A) New or amended Rules 210.1 (except paragraphs (3)(D) and 
(5)(B)(8)), 210.2, 410.1, 410.2, 410.3, 410.5, 412.1, 413, 414.1, and 
414.2.
    (B) New or amended Rules 111 (A), (B), and (D)-(I), 301, 302, and 
401.
    (C) New or amended Rules 111(c), and 519.
    (D) Previously approved on October 9, 1981 and now deleted without 
replacement Rule 302.
    (E) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 519.
    (F) Previously approved on December 9, 1981 in paragraph 
(c)(52)(iv)(B) of this section and now deleted without replacement, Rule 
301.
    (v) Madera County APCD.
    (A) New or amended Rules 210.2, 410.1, 410.3, 410.5, 411, and 412.
    (B) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110, 
115, 210.3, 301, 305, 402(a)-(e), 409, 410, 416, 417, 418, 501, 504, 
511, 601, 602, 603, 606-611, and 612.
    (C) New or amended Rules 111(c) 402(f) and 519.
    (vi) Merced County APCD.
    (A) New or amended Rules 210.1 (except paragraphs (3)(D) and 
(5)(B)(8)), 210.2, 409.5, and 411.
    (B) New or amended Rules 109 (A), (B), and (D)-(I).
    (C) New or amended Rule 109(c).
    (vii) San Joaquin County APCD.
    (A) New or amended Rules 209.1 (except paragraphs (B)(3) and 
(D)(2)(b)), 209.2, 409.3, 410, 411.1, 413, 413.1, 413.2, and 413.3.
    (B) New or amended Rule 209.3.
    (C) New or amended Rule 209.4.
    (viii) Stanislaus County APCD.
    (A) New or amended Rules 209.2 and 411.
    (ix) Tulare County APCD.
    (A) New or amended Rules 210.1 (except paragraphs (C)(4) and 
(e)(2)(H)), 210.2 and 410.5.
    (B) New or amended Rules 301 and 302.
    (C) Previously approved on December 9, 1981 and now deleted without 
replacement Rules 301 and 302.
    (x) Lake County APCD.
    (A) Amended Rule 433.
    (xi) Amador County APCD.
    (A) New or amended Rules 102, 103, 107, 203, 206B, 207, 209-211, 
213, 215, 216, 301-313, 315-324, 401, 402, 404, 407, 409, Regulation VI, 
700-704, 710, and 711.
    (B) Previously approved on May 18, 1981 and now deleted without 
replacement Rules 605, 700 to 704, and 710 to 711.
    (C) Previously approved on May 18, 1981 in paragraph (c)(52)(xi)(A) 
of this section and now deleted without replacement, Rules 103, 402, and 
601 to 604.

[[Page 190]]

    (xii) Nevada County APCD.
    (A) New or amended Rules 207, 210, 211, 218, 306, 307, and 404.
    (B) Previously approved on May 18, 1981 and now deleted without 
replacement Rule 404.
    (xiii) Placer County APCD--Mountain Counties Air Basin Portion.
    (A) New or amended Rules 101, 102, 104, 201, 202, 207, 210, 211, 
220-222, 301-310, and 312-323.
    (B) New or amended Rules 215 and 219.
    (C) Rule 508 (except paragraph (c)(3)(h)).
    (D) New or amended Rules 501B, 502, 504, 506, 512, and 513.
    (E) Previously approved and now deleted, Rule 104.
    (xiv) Tuolumne County APCD.
    (A) New or amended Rules 207, 210, 218, and 404.
    (xv) Fresno County APCD.
    (A) New or amended Rules 210.1 [except paragraphs (3)(D) and 
(5)(B)(8)], 210.2, 409.5, 409, 409.3, 409.4, and 411.
    (B) New or amended Rules 301, 302, and 305.
    (C) Previously approved on December 9, 1981 and now deleted without 
replacement Rule 305.
    (D) Previously approved on December 9, 1981 in paragraph 
(c)(52)(xv)(B) of this section and now deleted without replacement, Rule 
302.
    (xvi) Yuba County APCD.
    (A) New or amended Rules 1, Section 1 (except Silviculture 
Deletion), 1.1 (except PPM), 2.0-2.2, 2.4 except (a), 2.5-2.12, 2.15-
2.20, 2.22-2.24, 2.27, 2.30, Section 5 (Deletion), 5.0-5.3, 5.5-5.19, 
6.1-6.7, 7, 7.1 and 8.1.
    (B) New or amended Rules 2.3 and 2.4(a).
    (C) Previously approved on January 26, 1982 in paragraph 
(c)(52)(xvi)(A) of this section and now deleted without replacement, 
Rules 7.0, 7.1, and 8.1.
    (xvii) San Diego County APCD.
    (A) New or amended Rule 67.7 and 67.2.
    (xviii) Shasta County APCD.
    (A) New or amended Rules 1.1, 1.2, 2.11, 2.12, and 3.2 (except rows 
(vi) and (vii)).
    (B) Amended Rule 2:5.
    (xix) Yolo--Solano APCD.
    (A) New or amended Rules 4.1-4.3.
    (B) New or amended Rules 301, 302, and 305.
    (C) Previously approved on January 26, 1982 and now deleted without 
replacement Rule 4.3.
    (xx) Sacramento County APCD.
    (A) New or amended Rule 1.
    (xxi) Siskiyou County APCD.
    (A) New or amended Rules 2.14-2.16.
    (53) Revisions to air pollution emergency episode plans submitted on 
February 14, 1980 by the Governor's designee.
    (i) Bay Area Air Quality Management District Rules 100, 101, 300, 
301, 302, 303, 304, 305, 400, 401, 402, 403, and 404.
    (54) Revised regulations for the following APCD's submitted on 
February 25, 1980, by the Governor's designee.
    (i) Ventura County APCD.
    (A) Rules 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, and 
162.
    (B) New or amended Rule 71.1.
    (C) New or amended Rules 56, 80, 81, and deletion of Rules 17, 151, 
163, and 164.
    (ii) Monterey Bay Unified APCD.
    (A) Rule 422 and deletion of Rule 508.
    (B) Amended Rule 416.
    (iii) San Luis Obispo County APCD.
    (A) Rules 301, 302, 303, and 304.
    (B) Previously approved on May 18, 1981 and now deleted without 
replacement Rules 303 and 304.
    (iv) Yolo--Solano APCD.
    (A) Amended Rule 5.4.
    (B) New or amended Rules 2.21, 2.21.1, 2.24 and 2.25.
    (C) New or amended Rule 3.13.
    (D) Previously approved on January 26, 1982 and now deleted without 
replacement Rule 5.4.
    (v) Sacramento County APCD.
    (A) New or amended Rule 17.
    (B) [Reserved]
    (C) New or amended Rules 3.13, 3.4.1, and 3.4.2.
    (vi) Sutter County APCD.
    (A) New or amended Rules 1.4, 2.8.1 (Deletion), 2.17, and 2.82.
    (B) Previously approved on January 26, 1982 in paragraph 
(c)(54)(vi)(A) of this section and now deleted without replacement, Rule 
1.4.
    (vii) Yuba County APCD.
    (A) Amended Rule 2.26.
    (viii) Butte County APCD.
    (A) New Rule 2-12.e.
    (B) Amended Rules 4.5A and 4.5B.

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    (C) Previously approved on May 27, 1982 in paragraph (viii)(B) of 
this section and now deleted Rules 4.5A and 4.5B.
    (ix) Tehama County APCD.
    (A) Amended Rules 2.5A and 2.5B.
    (x) Colusa County APCD.
    (A) New or amended Rules 2.7 A and B.
    (xi) Glenn County APCD.
    (A) New or amended Rules 51.1 and 51.2.
    (xii) Shasta County APCD.
    (A) New or amended Rules 1:2 (Best Available Control Technology, 
Stationary Source and Precursor) and 2:1 A.
    (55) The following material for Imperial County was submitted on 
October 11, 1979 by the Governor's designee.
    (i) Summary of Plan Compliance with Clean Air Act Requirements.
    (ii) Imperial County plan to attain National Ambient Air Quality 
Standards for oxidants, October 31, 1978.
    (iii) SIP Revision--Imperial County ARB Staff Report, No. 79-4-2.
    (iv) ARB resolution 79-9, February 21, 1979.
    (v) Copies of Board hearing testimony.
    (56) Revised regulations for the following APCDs submitted on March 
17, 1980, by the Governor's designee.
    (i) Imperial County APCD.
    (A) Rules 207 [except Subparagraph C.4.], 208, and 209.
    (ii) Ventura County APCD.
    (A) Amended Rule 26.3.
    (B) New or amended Rules 10, 25, and 27.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 25.
    (57) The North Central Coast Air Basin Strategy (Chapter 10 of the 
comprehensive revisions to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards) 
submitted on September 12, 1979 by the Governor's designee.
    (58) Revised regulations for the following APCDs submitted on 
December 17, 1979 by the Governor's designee.
    (i) Monterey Bay Unified APCD.
    (A) Rules 418, 425 and 426.
    (B) New or amended Rules 300, 405, and 601.
    (ii) South Coast AQMD.
    (A) New or amended Rules 1107, 1108, 1108.1 and 1128.
    (B) New or amended Rules 404, 442, 501.1, 502, 504.1(b), (c), and 
(d), and 1124.
    (C) Previously approved on September 28, 1981 and now deleted 
without replacement Rule 501.1.
    (iii) Great Basin Unified APCD.
    (A) New or amended Rules 205, 210, 300A, and G, 403, 408, 419, and 
617.
    (B) New or amended Rules 203, 209-A and B, 212, and 213.
    (iv) Ventura County APCD.
    (A) New or amended Rule 74.3.
    (v) Butte County APCD.
    (A) New or amended Rules 2.12a, 2.12b, 2.12c, and 2.12d.
    (vi) Shasta County APCD.
    (A) New or amended Rules 1.2, 3.14, and 3.15.
    (vii) Yolo--Solano APCD.
    (A) Amended Rules 2.8 and 6.6.
    (viii) San Luis Obispo County APCD.
    (A) New or amended Rule 407.
    (ix) Modoc County APCD.
    (A) New or amended Rule 2:8-e.
    (59) Revised regulations for the following APCD submitted on March 
4, 1980 by the Governor's designee.
    (i) Monterey Bay Unified APCD.
    (A) Rules 207 (except B.4.) and 208.
    (B) New or amended Rules 205, 211, 212, 213, and 214.
    (60) Chapter 4, California Air Quality Control Strategies, of the 
California SIP, submitted on May 23, 1979, by the Governor's designee.
    (61) Redesignation of AQCR's in California, submitted on September 
11, 1978, by the Governor's designee.
    (62) The San Diego Air Basin Control Strategy (Chapter 14 of the 
Comprehensive Revisions to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards) 
submitted on July 5, 1979, by the Governor's designee, except the 
inspection/maintenance portion. Additional documents were also submitted 
as appendices. Those portions of the San Diego Air Basin Control 
Strategy, including Appendices, identified by Table 14-1, ``Location of 
Plan Elements Which Meet Clean Air Act Requirements'' (pages 6-7), 
comprise the submitted nonattainment area plan, except the inspection/
maintenance portion. The remaining

[[Page 192]]

portions are for informational purposes only.
    (63) The following portions of the California Environmental Quality 
Act submitted on October 20, 1980, by the Governor's designee: Sections 
21000; 21001; 21002; 21002.1; 21061; 21063; 21065; 21080.1; 21080.4; 
21080.5 (a), (b), (c) and (d); 21081; 21082; 21100; 21104; 21151; 21153; 
21160.
    (64) Revised regulations for the following APCD submitted on 
February 13, 1980, by the Governor's designee.
    (i) San Diego County APCD.
    (A) Rules 20.1, 20.2, 20.3, 20.4, 20.5 and 20.6.
    (65) The following amendments to the South Coast Air Basin Control 
Plan were submitted on July 25, 1979, by the Governor's designee.
    (i) The South Coast Air Basin Control Strategy (Chapter 18 of the 
Comprehensive Revision to the State of California Implementation Plan 
for the Attainment and Maintenance of Ambient Air Quality Standards). 
Those portions of the South Coast Air Basin Control Strategy identified 
by Table 18-1, ``Location of Plan Elements Which Meet Clean Air Act 
Requirements,'' together with Rules 1115 and 1126, comprise the 
submitted nonattainment area plan control strategy. The remaining 
portions are for informational purposes only.
    (ii) New or amended Rules 218, 431, 431.1-431.3, 1120, 1206-1208, 
1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225-1230.
    (iii) Previously approved on September 28, 1981 and now deleted 
without replacement for implementation in the Antelope Valley Air 
Pollution Control District Rules 1206, 1208, 1212, 1213, 1215, 1216, 
1218, 1219, 1222, and 1225-1230.
    (66) Revised regulations for the following APCD's, submitted on 
February 7, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 461.
    (B) Amended Rule 466.
    (ii) Bay Area AQMD.
    (A) Regulation 8: Rule 1, 2 (except paragraph 301), 4, 7, 8, 9, 10, 
11, 13, 14, 15, 16, 18 and 19.
    (67) Revised regulations for the following APCD's, submitted on 
April 2, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 1122.
    (B) New or amended Rules 107, 709(c), 1111, 1121 and 1140.
    (ii) Bay Area AQMD.
    (A) New or amended Regulation 9, Rules 9-4-100, 9-4-101, 9-4-200 to 
9-4-203, 9-4-300, 9-4-301, 9-4-303, and 9-4-400 to 9-4-404.
    (iii) Kern County APCD.
    (A) New or amended Rules 412.1(b)-(f).
    (B) New Rule 411.1.
    (C) Previously approved on July 8, 1982 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
411.1.
    (iv) Sacramento County APCD.
    (A) New or amended Rules 7, 24, 25, 28, 30, and 53.
    (B) New or amended Rules 120, 121, and 122.
    (68) Revised regulations for the South Coast AQMD, submitted on 
April 3, 1980, by the Governor's designee.
    (i) New or amended Rules 1301, 1303, 1304, 1305, 1306, 1307, 1310, 
1311, and 1313.
    (ii) Previously approved on January 21, 1981 and now deleted without 
replacement Rule 1311.
    (69) Revised regulations for the South Coast AQMD submitted on April 
23, 1980, by the Governor's designee.
    (i) New or amended Rules 464, 465, 1123, and 1125.
    (ii) New or amended Rules 301, 405, 431.2(c)(5), 701, 702 (a), (d), 
(e), (f), (h) and (i), 703-706, 708.3(a), (b)(8)-(b)(10), 708.4(g) and 
(h), 709(a), 710(a) and (b)(4), 711(a)(1), (a)(4), (b)(1) and (b)(4), 
and 713-715.
    (iii) New Rule 1103.
    (iv) California Health and Safety Code, Sections 41950 to 41962, 
94000 to 94004; and Stationary Source Test Methods--Volume 2: 
Certification and Test Procedures for Gasoline Vapor Recovery Systems 
submitted on April 23, 1980.
    (v) Previously approved on July 8, 1982 in paragraph (c)(69)(iii) of 
this section and now deleted without replacement for implementation in 
the Antelope Valley Air Pollution Control District Rule 1103.
    (70) Revised regulations for the following APCD's submitted on 
August 15, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rules 1302 and 1308.
    (B) New or amended Rule 1101.

[[Page 193]]

    (C) New or amended Rules 702(b), 707, 708, 708.3 (a)(2) and (c), 
708.4 (a) and (b), 709(e), 710 (b)(1)(D), (b)(2)(D), (b)(3)(B), and 
(c)(3)(B), 711 (a)(1)(E), (a)(2)(D), (a)(3)(B), (a)(4)(F), (b)(3)(B), 
and (b)(4)(f), and 1102.
    (D) Amended Rule 401 (except subparagraph 401(b)).
    (ii) San Diego County APCD.
    (A) New or amended Rules 2 (z) and (aa), 40, and 10 (f) and (i).
    (iii) Shasta County APCD.
    (A) Amended Rule 3.3.
    (iv) El Dorado County APCD (Mountain Counties and Lake Tahoe Air 
Basin).
    (A) New or amended Rules 601-613.
    (B) Previously approved on May 27, 1982 in paragraph (c)(70)(iv)(A) 
of this section and now deleted without replacement, Rules 601 to 613.
    (71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16 
of the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards) submitted on October 11, 1979, by the Governor's designee. 
Those portions of the San Joaquin Valley Air Basin Control Strategy 
identified by Tables 16-1a, 1b and 1c (Summary of Plan Compliance with 
Clean Air Act Requirements) except which pertain to Fresno County and 
the sixtransportation control measures for Stanislaus County, comprise 
the submitted plan. The remaining portions are for informational 
purposes only. The following rules were also submitted on October 11, 
1979 as part of the enforceable plan:

    Editorial Note: At 47 FR 28620, July 1, 1982, the following 
introductory text to paragraph (c)(71) was added to Sec. 52.220.

    (71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16 
of the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards) submitted on October 11, 1979, by the Governor's designee. 
Those portions of the San Joaquin Valley Air Basin Control Strategy 
identified by Tables 16-1a, 1b and 1c (Summary of Plan Compliance with 
the Clean Air Act Requirements) comprise the submitted plan. The 
remaining portions are for informational purposes only.
    (i) Kings County APCD.
    (A) New or amended Rules 411 and 413.3.
    (ii) Madera County APCD.
    (A) New or amended Rule 210.1 (except paragraphs (3)(D) and 
(5)(B)(8)).
    (iii) Merced County APCD.
    (A) New or amended Rules 409.3 and 410.
    (iv) Tulare County APCD.
    (A) New or amended Rule 410.3.
    (72) The San Francisco Bay Area Basin Control Strategy (Chapter 15 
of the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards) including appendices, submitted on July 25, 1979, by the 
Governor's designee.
    (73) Revised regulations for the following APCD's submitted on 
January 14, 1980, by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 2: Rule 1: 2-1-200, 2-1-300, 2-1-307, and 2-1-400, 
Rule 2: 2-2-100, 2-2-200, 2-2-209, 2-2-210, 2-2-300, and 2-2-400; Rule 
3: 2-3-100, 2-3-101, 2-3-200, 2-3-201, 2-3-300, 2-3-301, 2-3-302, 2-3-
401, 2-3-401.1 to 2-3-401.3, 2-3-402, 2-3-403, 2-3-404, and 2-3-405.
    (B) New or amended Regulation 2, Rule 1: 2-1-100 to 2-1-102, 2-1-
111, 2-1-112, and 2-1-408.
    (74) Revised regulations for the following APCD's submitted on 
December 24, 1979, by the Governor's designee.
    (i) Imperial County APCD.
    (A) New or amended Rules 111, 413, 414, 416, 416 (deletion), and 
517.
    (B) Previously approved on January 27, 1981 and now deleted without 
replacement Rule 517.
    (ii) Santa Barbara County.
    (A) Rule 316.
    (iii) Ventura County APCD.
    (A) New Rule 70 (except paragraph E).
    (75) Revised regulations for the Kern County APCD, submitted on 
January 8, 1980, by the Governor's designee.
    (i) Rules 210.2, 410.3, 411, 414, 414.1, and 414.3.
    (ii) New or amended Rule 424(F).
    (iii) Previously approved on August 21, 1981 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
414.3.

[[Page 194]]

    (76) Revised regulations for the following APCD's, submitted on 
April 15, 1980, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rule 210.1
    (77) The following amendments to the plan were submitted on October 
18, 1979, by the Governor.
    (i) San Luis Obispo County APCD.
    (A) New or amended Rules 415, 416, 420, and 422.
    (ii) The South Central Coast Air Basin Control Strategy [Chapter 17 
of the Comprehensive Revision to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards]. Those portions of the South Central Coast Air Basin Control 
Strategy identified by Tables 17-1 and 17-2 ``Location of Plan Elements 
Which Meet Clean Air Act Requirements'' together with the rules 
identified below comprise the submitted nonattainment area plan. The 
remaining portions are for informational purposes only.
    (A) Santa Barbara County APCD Rules 320, 321, 323, 327, 329 to 332, 
201.C and 205.C. (except subparagraph 5.b.8.).
    (B) Ventura County APCD Rules 26 (except 26.2, 26.3 and 26.4), 74.4, 
74.7, and 74.8.
    (78) Revised regulations for the following APCD submitted on 
November 19, 1979, by the Governor's designee.
    (i) South Coast AQMD.
    (A) Deletion of Rules 67 and 72.
    (ii) California Lead SIP.
    (79) Revised regulations for the following APCD's submitted on June 
2, 1980, by the Governor's designee.
    (i) Monterey Bay Unified APCD.
    (A) Rule 427.
    (ii) Bay Area AQMD.
    (A) New or amended Regulation 1, Rules 1-100 to 1-111, 1-114, 1-200 
to 1-205, 1-207 to 217, 1-219 to 1-232, 1-400 to 1-402, 1-410 to 1-412, 
1-420, 1-430 to 1-434, 1-440, 1-441, 1-500 to 1-502, 1-510, 1-521, 1-
530, 1-540, 1-541, 1-543, 1-544; Regulation 5, Rules 5-100, 5-101, 5-
110, 5-111, 5-200 to 5-207, 5-300, 5-301, 5-400 to 5-404; Regulation 6, 
Rules 6-100, 6-101, 6-200 to 6-204, 6-300 to 6-304, 6-310, 6-312,6-320, 
6-330, 6-400, 6-401, 6-500 to 6-502; Regulation 11, Rules 11-1-100 to 
11-1-102, 11-1-300 to 11-1-303; Regulation 12, Rules 12-2-100, 12-2-101, 
12-2-200, 12-2-201, 12-2-300, 12-2-301, 12-2-500, 12-2-501, 12-3-100, 
12-3-101, 12-3-300, 12-3-301, 12-3-500, 12-3-501-12-4-100 to 12-4-102, 
12-4-200 to 12-4-212, and 12-4-300 to 12-4-307.
    (B) New or amended Regulation 1: 1-206, 1-520, 1-542, and 1-600 to 
1-604; Regulation 6: 6-305, 6-311, 6-600, and 6-601; and Regulation 11: 
11-1-500, 11-1-501, and 11-1-600 to 11-1-603.
    (iii) Ventura County APCD.
    (A) New or amended Rule 2.
    (B) New or amended Rule 59.
    (iv) South Coast AQMD.
    (A) Deletion of Rule 471.
    (B) New Rule 466.1.
    (v) San Diego County APCD.
    (A) New or amended Rules 1, 2 (a), (b), (t), (v), (u), (x), and (y), 
14, 17, 67.0, and 67.1.
    (vi) Shasta County APCD.
    (A) New Rule 3.17.
    (80) The following amendments to the plan were submitted on August 
21, 1979 by the Governor's designee.
    (i) Revised regulations for Placer County APCD--Lake Tahoe Air Basin 
Portion.
    (A) New or amended Rules 101-104, 201-204, 206-211, 215, 217, 301-
308, and 310-319.
    (B) New Rule 507.

    Editorial Note: At 47 FR 27068, June 23, 1982, the following 
paragraph (c)(80)(i)(B) was added to Sec. 52.220.

    (B) New or amended Rules 212, 213, 508 (except Paragraph 
(1)(C)(3)(h), and 514.
    (C) New or amended Rules 502-506 and 511-513.
    (D) Previously approved and now deleted, Rule 104.
    (ii) Chapter 8, Lake Tahoe Basin Control Strategy, including Support 
Documents and Appendices. The Transportation Improvement Program and 
Regional Transportation Plan are for informational purposes only.
    (81) Revised regulations for the following APCD, submitted on 
February 11, 1980 by the Governor's designee.
    (i) El Dorado County APCD--Lake Tahoe Air Basin Portion.
    (A) New or amended Rules 507, 511-515, and 519-528.
    (B) New or amended Rules 501 to 506, 508 to 510, and 516 to 518.
    (82) [Reserved]
    (i) Ventura County APCD.
    (A) New or amended Rule 74.6.
    (83)(i)(A) [Reserved]
    (B) New Rules 22, 23, and 27.

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    (C) New or amended Regulation 8: Rule 21.
    (ii) Kings County APCD.
    (A) New or amended Rule 414.
    (iii) [Reserved]
    (A) Rule 410.
    (B) New or amended Rules 411.1 and 416.1.
    (84) Revised regulations for the following APCDs submitted on 
October 10, 1980, by the Governor's designee.
    (i) Madera County APCD.
    (A) New or amended Rule 410.4.
    (ii) Merced County APCD.
    (A) New or amended Rule 409.4.
    (iii) Kings County APCD.
    (A) New or amended Rule 410.4.
    (iv) San Joaquin County APCD.
    (A) New or amended Rule 409.4.
    (v) Stanislaus County APCD.
    (A) New or amended Rule 409.4.
    (vi) Tulare County APCD.
    (A) New or amended Rule 410.4.
    (vii) Modoc County APCD.
    (A) Amended Rule 3:12.
    (85) Revised regulations for the following APCDs submitted on 
December 15, 1980, by the Governor's designee.
    (i) Tulare County APCD.
    (A) New or amended Rule 412.
    (B) New or amended Rule 412.1.
    (C) New or amended Rules 201 and 417.1.
    (ii) Madera County APCD.
    (A) New or amended Rule 412.1
    (B) New or amended Rules 201, 202, 301, and 417.1.
    (iii) Sacramento County APCD.
    (A) New or amended Rule 13.
    (iv) San Diego County APCD.
    (A) New or amended Rules 61.0, 61.0 (n) and (o), 61.1, 61.1(a)(1) 
(i) and (h), 61.2, 61.2(a), 61.3 and 61.4
    (v) San Bernardino County APCD, Southeast Desert Air Basin portion.
    (A) New or amended Rules 461 and 462.
    (vi) Tehama County APCD.
    (A) New or amended Rules 1.2, 1.3, 2.7, 2.8, 2.9, 3.1, 3.2, 3.3-
3.14, 4.1, 4.2, 4.6, and 4.7.
    (B) Previously approved and now deleted Rule 2.8 (Further 
Information).
    (C) Previously approved on April 12, 1982 in paragraph 
(c)(85)(vi)(A) of this section and now deleted without replacement, 
Rules 1.3 and 2.9.
    (vii) Santa Barbara County APCD.
    (A) New or amended Rule 210.
    (B) Previously approved on June 18, 1982 in paragraph 
(c)(85)(vii)(A) of this section and now deleted without replacement, 
Rule 210.
    (viii) South Coast AQMD.
    (A) New Rule 1130.
    (ix) Kings County APCD.
    (A) New or amended Rule 417.1.
    (x) Kern County APCD.
    (A) New or Amended Rules 110 and 417.1.
    (B) Previously approved on July 6, 1982 in paragraph (c)(85)(x)(A) 
of this section and now deleted without replacement, Rule 110.
    (86) Revised regulations for the following APCD's submitted on July 
10, 1980 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 8: Rule 2 (Paragraph 301).
    (B) New Rules 17 (paragraphs 112, 302, 400, and 401) and 26.
    (C) New or amended Regulations, Rules 1-206, 1-218, 6-311, 9-1-100, 
9-1-101, 9-1-110 9-1-200 to 9-1-204, 9-1-300 to 9-1-308, 9-1-310, 9-1-
311, 9-1-400 to 9-1-404, 9-1-500 to 9-1-502, and 9-4-302.
    (D) New or amended Rule 1-541 and Regulation 9, Rules 9-1-600 to 9-
1-605.
    (ii) Butte County APCD.
    (A) Amended Rule 4.9.
    (B) Previously approved on May 27, 1982 in paragraph (ii)(A) of this 
section and now deleted Rule 4.9.
    (87) Revised regulations for the following APCD's submitted on 
September 5, 1980 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 8: Rule 5, Rule 6, and Rule 12.
    (B) New Rules 25 and 28 (except section 401).
    (ii) San Diego County APCD.
    (A) New or amended Rule 19.
    (iii) San Joaquin County APCD.
    (A) New or amended Rule 411.2.
    (B) New or amended Rules 202 and 416.1.
    (iv) San Bernardino County APCD, Southeast Desert Air Basin portion.
    (A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307, 
1308, 1310, 1311, and 1313.
    (v) Los Angeles County APCD, Southeast Desert Air Basin portion.

[[Page 196]]

    (A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307, 
1308, 1310, 1311, and 1313.
    (vi) Sacramento County APCD.
    (A) New or amended Rules 74, 90, 92, 93, 94, 95, 96, 98, and 
Regulation VII.
    (B) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 74.
    (vii) Ventura County APCD.
    (A) New or amended Rules 2 and 55.
    (viii) Shasta County APCD.
    (A) New Rule 2:6.
    (88) Revised regulations for the following APCDs submitted on July 
25, 1980, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 209.1 (except paragraphs (3)(E) and 
(5)(B)(8)).
    (B) New or amended Rules 103 and 305.
    (C) New or amended Rules 202 and 416.1.
    (D) Previously approved on December 9, 1981 and now deleted without 
replacement Rule 305.
    (ii) Bay Area AQMD.
    (A) New or amended Regulation 3, Rules 3-100 to 3-103, 3-200 to 3-
206, 3-208 to 3-211, 3-300 to 3-311, and 3-400 to 3-408.
    (iii) South Coast AQMD.
    (A) New or amended Rule 1119.
    (B) Amended Rule 462.
    (iv) [Reserved]
    (v) Merced County APCD.
    (A) New or amended Rule 411.1.
    (B) New or amended Rules 202 and 416.1.
    (89) Revised regulations for the following APCDs submitted on March 
30, 1981, by the Governor's designee.
    (i) Kings County APCD.
    (A) New or amended Rule 411.
    (ii) Yolo-Solano County APCD.
    (A) New or amended Rule 2.13(h)(6).
    (iii) Yuba County APCD.
    (A) Amended Rules 3.8, 3.12, and 3.15.
    (B) New or amended rules 1.3, 3.0-3.7, 3.9, 3.10, 3.13, 4.0-4.5, 4.7 
to 4.10, 4.12, 5.4, 6.0, 8.0, 8.2, 9.0-9.5, 9.7, and 9.8.
    (C) Previously approved on April 12, 1982 in paragraph 
(c)(89)(iii)(B) of this section and now deleted without replacement, 
Rules 8.0, 8.2 and 9.0 to 9.4.
    (iv) Imperial County APCD.
    (A) New Rule 418.1.
    (v) Monterey Bay Unified APCD.
    (A) New Rule 425.
    (vi) Lake County APCD.
    (A) New or amended Sections 101, 227.4, 301, 1602, and Table VI.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rule 301 and Table VI.
    (vii) South Coast AQMD.
    (A) Amended Rule 1102.1.
    (90) The following amendments to the plan were submitted on December 
31, 1979, by the Governor's designee.
    (i) Chapter 22--Air Quality Monitoring by State and Local Air 
Monitoring Stations (SLAMS).
    (91) The following amendments to the plan were submitted on November 
13, 1979, by the Governor's designee.
    (i) The Sacramento Valley Air Basin Control Strategy (Chapter 13 of 
the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards): those portions pertaining to the Sacramento Metropolitan 
Area including the following rules:
    (A) Placer County APCD (Mountain Counties Air Basin portion) Rules 
212, 217, and 218.
    (B) Sacramento County APCD Rules 6, 11, 12, 16, 19, and 56 (except 
paragraph (5)(a)(8)).
    (C) Yolo-Solano County APCD Rules 2.14 and 3.4 [except paragraph 
(5)(a)(8)].
    (ii) The Sacramento Valley Air Basin Control Strategy [Chapter 13 of 
the Comprehensive Revisions to the State of California Implementation 
Plan for the Attainment and Maintenance of Ambient Air Quality 
Standards]: those portions pertaining to Butte, Yuba, and Sutter 
Counties, including the following rules:
    (A) Butte County APCD Rules 2.12f and 4-5.
    (92) Revised regulations for the following APCDs submitted on May 
28, 1981, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 409.5.
    (ii) Placer County (Mountain Counties Air Basin portion).
    (A) New or amended Rules 213, 216, and 223.
    (B) New or amended Rules 102, 203, 211, 301, 305, 306, 324, 325, 
601, and 702.
    (C) Rule 214.

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    (D) Previously approved and now deleted without replacement Rules 
601 and 702.
    (iii) Lake County APCD.
    (A) New Rule 216.1.
    (iv) Great Basin Unified APCD.
    (A) New or amended Rules 101, 300, 404-A, 423, and 424.
    (B) Previously approved on April 13, 1982 in paragraph 
(c)(92)(iv)(A) of this section and now deleted without replacement, Rule 
300.
    (v) San Diego County APCD.
    (A) New or amended Rules 127, 130, 131, 132, and 134.
    (B) New or amended Rule 21.
    (vi) South Coast AQMD.
    (A) New or amended Rule 1113.
    (93) Revised regulations for the following APCDs submitted on June 
22, 1981, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 409.3.
    (B) New or amended Rule 409.8.
    (ii)(A) [Reserved]
    (B) New Rule 28, Section 401.
    (C) New or amended Regulation 5, Rule 5-401.3.
    (iii) Plumas County APCD.
    (A) New or amended Rules 203, 301-319, 512-516, 703, and 710.
    (B) New or amended Rules 501-511 and 517-521.
    (C) Previously approved on June 18, 1982 in paragraph 
(c)(93)(iii)(B) of this section and now deleted without replacement, 
Rule 509.
    (iv) Sierra County APCD.
    (A) New or amended Rules 203, 301-319, 512-516, 522, 523, 703, and 
710.
    (B) New or amended Rules 501-511 and 517-521.
    (C) Previously approved on April 23, 1982 and now deleted without 
replacement Rule 522.
    (D) Previously approved on June 18, 1982 in paragraph (c)(93)(iv)(B) 
of this section and now deleted without replacement, Rule 509.
    (v) Kern County APCD.
    (A) New or amended Rule 410.6.
    (vi) El Dorado County APCD (Mountain Counties Air Basin Portion).
    (A) Rules 318, 319, and 320.
    (94) Revised regulations for the following APCD's submitted on 
October 7, 1980, by the Governor's designee.
    (i) Stanislaus County APCD.
    (A) New or amended Rule 411.1.
    (ii) [Reserved]
    (iii) San Bernardino County APCD.
    (A) New or amended Rules 701, 704, 705, 707-711, and 712. Previously 
approved Rule 707, ``Plans'', submitted on June 6, 1977 is retained.
    (95) Revised regulations for the following APCD's submitted on March 
23, 1981, by the Governor's designee.
    (i) Kern County APCD.
    (A) New or amended Rule 412.1(a).
    (B) Amended Rule 412.1.
    (C) New or amended Rules 202, 202.1, and 426.
    (ii) Ventura County APCD.
    (A) Amended Rule 26.2.
    (B) New or amended Rules 21, 29, 30, and 64.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 21.
    (iii) Northern Sonoma County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
and 320.
    (iv) South Coast AQMD.
    (A) Amended Rule 461.
    (v) Stanislaus County APCD.
    (A) New Rule 409.7.
    (B) New or amended Rule 301.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 301.
    (vi) Humboldt County APCD.
    (A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
    (96) Revised regulations for the following APCDs submitted on 
November 3, 1980, by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 1113.
    (ii) Butte County APCD.
    (A) New or amended Rules 1-8, 1-8.1, 1-10, 1-13, 1-14, 3-1, 3-2, 3-
6, 3-11, 3-11.2, 3-11.3, 3-12, 3-12.1, 3-12.2, 3-14, 3-15, 3-16, and 3-
16.1.
    (iii) Glenn County APCD.
    (A) New or amended Rules 2 (a,i,v, and aa), 3, 11, 11.1, 11.2, 13, 
13.1, 14, 14.1, 14.2, 14.3, 15, 16, 19, 21, 21.1, 22, 75, 81, 83, 83.1, 
83.2, 96, 110, and 112.
    (B) Previously approved on January 26, 1982 and now deleted without 
replacement Rules 110 and 112.
    (C) Previously approved on January 26, 1982 in paragraph 
(c)(96)(iii)(A) of this section and now deleted without replacement, 
Rule 3.
    (iv) Yolo-Solano APCD.
    (A) New or amended Rules 1.2 (a and g), 6.1 and 6.3.

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    (v) Bay Area AQMD.
    (A) New Rule 20.
    (97) Revised regulations for the following APCDs submitted on June 
24, 1980, by the Governor's designee.
    (i) Sacramento County APCD.
    (A) New or amended Rule 18.
    (98) Revised regulations for the following APCDs, submitted on 
January 28, 1981, by the Governor's designee.
    (i) Sutter County APCD.
    (A) Amended Rules 3.8, 3.14, and 3.15.
    (B) New or amended Rules 1.0-1.3, 2.1-2.12, 2.15, 2.16, 3.0-3.7, 
3.9, 3.10, 3.12, 3.13, 4.0-4.5, 4.7-4.10, 4.12-4.15, 5.0-5.19, 6.0-6.7, 
7.0, 7.1, 7.2, 8.0, 8.1, 8.2, 9.0-9.7, and 9.8.
    (C) Previously approved and now deleted Rules 2.1 (Control of 
Emissions), 2.7 (Wet Plumes), 2.15 (Fuel Burning Equipment), 2.20 
(Payment of Order Charging Costs), 3.7 (Information), 4.5 (Standards for 
Granting Applications), 4.6 (Permits, Daily Limits, and 4.8 (Permit 
Forms).
    (D) Previously approved on April 12, 1982 and now deleted without 
replacement Rules 5.0 to 5.17, 5.19, 6.0 to 6.7, and 7.0 to 7.2.
    (E) Previously approved on April 12, 1982 in paragraph (c)(98)(i)(B) 
of this section and now deleted without replacement, Rules 8.0 to 8.2 
and 9.0 and 9.4.
    (ii) Siskiyou County APCD.
    (A) New or amended agricultural burning regulations consisting of 
``General Provisions'' and Articles I-VII.
    (iii) Mendocino County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (iv) Del Norte County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (v) Humboldt County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (vi) Trinity County APCD.
    (A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300, 
320, Appendices A, B, and C.
    (vii) El Dorado County APCD.
    (A) New Rule 313.
    (B) Rules 313, 314, 315, 316, and 317.
    (viii) Ventura County APCD.
    (A) New Rule 71.2.
    (ix) Bay Area AQMD.
    (A) New or amended Rules 1-112, 1-113, 1-115 and Regulation 9, Rule 
9-3-202.
    (x) South Coast AQMD.
    (A) New or amended Rule 1115.
    (xi) San Diego County APCD.
    (99) Commitments by the Bay Area AQMD, Fresno County APCD, Kern 
County APCD, Monterey Bay Unified APCD, Sacramento County APCD, San 
Diego County APCD, Santa Barbara County APCD, South Coast AQMD, and 
Ventura County APCD to carry out public notification programs as 
required by section 127 of the Clean Air Act and in accordance with EPA 
guidance. These commitments were submitted by the Air Resources Board on 
January 22, 1981.
    (100) Revised regulations for the following APCDs submitted on 
October 25, 1979, by the Governor's designee.
    (i) San Diego County APCD.
    (A) New or amended Rules 67.3 and 67.5.
    (101) Revised regulations for the following APCD's submitted on July 
30, 1981 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 8, Rule 1 (Paragraph 202) and Rule 16 (paragraph 
110).
    (B) New or amended Regulation 2, Rule 2-2-114; Regulation 5, Rule 5-
401.13; and Manual of Procedures--Volume I to Volume VI.
    (C) New or amended Regulation 8, Rule 24.
    (ii) Kern County APCD.
    (A) New or amended Rules 603, 609, 610, 611, and 613.
    (B) New or amended Rules 108, 201, 301, 302, and 305.
    (C) New or amended Rules 414 and 410.3.
    (D) New or amended Rules 410.7, 412, and 414.4.
    (E) Previously approved on July 6, 1982 and now deleted without 
replacement Rule 305 (including Southeast Desert).
    (F) Previously approved on October 11, 1983 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
414.4.
    (G) Previously approved on July 6, 1982 in paragraph (c)(101)(ii)(B) 
of this

[[Page 199]]

section and now deleted without replacement, Rules 301 and 302 
(including Southeast Desert).
    (102) Revised rules for the following APCDs submitted on July 14, 
1981 by the Governor's designee.
    (i) San Joaquin County.
    (A) New Rules 409.5 and 409.6.
    (ii) Stanislaus County.
    (A) New Rule 409.6.
    (B) New or amended Rules 409.7 and 409.8.
    (iii) Merced County APCD.
    (A) New or amended Rules 409.6.
    (iv) South Coast AQMD.
    (A) New or amended Rule 301.
    (103) Revised rules for the following APCDs, submitted on October 
23, 1981 by the Governor's designee.
    (i) Kings County.
    (A) Amended Rule 412.2.
    (ii) San Diego County APCD.
    (A) New or amended Rule 67.4 and 67.6.
    (B) New or amended Rules 42, 64, 101-103, and 109.
    (C) New Rule 67.8.
    (D) Previously approved on July 6, 1982 and now deleted without 
replacement Rule 42.
    (E) Previously approved on July 6, 1982 in paragraph (c)(103)(ii)(B) 
of this section and now deleted Rule 109 (now replaced by Rule 101).
    (iii) Santa Barbara County APCD.
    (A) Rule 325.
    (B) New or amended Rules 601-608 and 609.
    (C) Previously approved and now deleted Rules 609 (Scientific 
Committee) and 610 (Emergency Action Committee).
    (iv) Ventura County APCD.
    (A) Amended Rule 70(E).
    (B) New or amended Rules 2, 12, 16, 23, 41, 42, and 74.2.
    (C) New Rule 74.5.
    (D) Amended Rule 74.9.
    (E) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 42.
    (v) Sacramento County APCD.
    (A) Amended Rule 20.
    (B) New or amended Rules 50, 70, and 14.
    (C) New Rules 4A, 4B, 10 and 51.
    (vi) Del Norte County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (vii) Humboldt County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (viii) Mendocino County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (ix) Northern Sonoma County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (x) Trinity County APCD.
    (A) Amended Rules 300 and 310.
    (B) Previously approved on April 13, 1982 and now deleted without 
replacement Rules 300 and 310.
    (xi) Great Basin Unified APCD.
    (A) Amended Rule 301.
    (B) Previously approved on April 13, 1982 in paragraph 
(c)(103)(xi)(A) of this section and now deleted without replacement, 
Rule 301.
    (xii) San Luis Obispo County APCD.
    (A) New or amended Rules 301, 302, and 411.
    (B) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 301.
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 301.
    (xiii) El Dorado County APCD (Mountain Counties Air Basin).
    (A) New or amended Rules 301-319, 501, 703, and 710.
    (B) Previously approved on May 27, 1982 and now deleted without 
replacement rule 501.
    (C) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xiii)(A) of this section and now deleted without replacement, 
Rules 318 and 319.
    (xiv) Imperial County APCD.
    (A) New or amended Rules 101, 301, 302, 305-307.
    (B) Previously approved on May 27, 1982 and now deleted without 
replacement Rule 305.
    (C) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xiv)(A) of this section and now deleted without replacement, 
Rules 301, 302, 306, and 307.

[[Page 200]]

    (xv) Shasta County APCD.
    (A) Amended Rule 2:11.
    (xvi) Monterey Bay Unified APCD.
    (A) Amended Rules 301, 601, and 602.
    (xvii) Tuolumne County APCD.
    (A) New or amended Rules 203, 301-319, 501-521, 703, and 710.
    (B) Previously approved on May 27, 1982 and now deleted without 
replacement Rule 516.
    (C) Previously approved on May 27, 1982 in paragraph 
(c)(103)(xvii)(A) of this section and now deleted without replacement, 
Rule 509.
    (xviii) South Coast AQMD.
    (A) New or amended Rules 504.1, 218, 219, 220, 409, and 502.
    (B) Previously approved on July 6, 1982 and now deleted without 
replacement Rule 504.1.
    (104) Revised regulations for the following APCD's submitted on 
November 5, 1981 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Regulation 2, Rule 1: 2-1-101, 2-1-102, 2-1-111, 2-1-112, 2-1-
201 to 2-1-205, 2-1-301 to 2-1-306, 2-1-401 to 2-1-410, and 2-1-420 to 
2-1-423; Rule 2: 2-2-101 to 2-2-114, 2-2-201 to 2-2-208, 2-2-301 to 2-2-
306, 2-2-310, and 2-2-401 to 2-2-410.
    (ii) South Coast AQMD.
    (A) New or amended Rule 444.
    (iii) Fresno County APCD.
    (A) New or amended Rule 409.6.
    (105) Schedule to study Nontraditional Total Suspended Particulate 
Sources and commitment to implement control measures necessary to 
provide for attainment, submitted on November 18, 1981 by the Governor's 
designee.
    (106) The Southeast Desert Air Basin Control Strategy for ozone 
(Chapter 19 of the Comprehensive Revisions to the State of California 
Implementation Plan for the Attainment and Maintenance of the Ambient 
Air Quality Standards) was submitted by the Governor's designee on 
February 15, 1980. The portions of the Southeast Desert Air Basin 
Control Strategy identified in Table 19-1 (Summary of Plan Compliance 
with Clean Air Act Requirements), except those which pertain to Imperial 
County, comprise the plan. The remaining portions are for informational 
purposes only.
    (107) On August 11, 1980, the Governor's designee submitted a 
revision to the State Implementation Plan which adds the Southeast 
Desert Air Basin portion of Riverside County into the South Coast Air 
Quality Management District.
    (108) On November 28, 1980, the Governor's designee submitted a 
revision to the State Implementation Plan which deletes Rule 67, for the 
San Bernardino County APCD as applied to new sources.
    (109) Three items submitted for Fresno County and the Sacramento 
Metropolitan Area by the Governor's designee on October 9, 1980:
    (i) Air Quality Planning Addendum-Council of Fresno County 
Governments 1979-84 Overall Work Program.
    (ii) Emission Inventory, 1976 for the Sacramento Metropolitan Area.
    (iii) Air Quality Plan Technical Appendix, January 1979 for the 
Sacramento Metropolitan Area.
    (110) Five items submitted for Ventura County by the Governor's 
designee on April 1, 1980:
    (i) Appendix B-81, Empirical Kinetic Modeling Approach: Ozone 
Formation, Transport, and Concentration Relationships in Ventura County; 
Update of Emission Reduction Required for Attainment of Ozone NAAQS.
    (ii) Letter: Jan Bush to Mike Redemer, January 23, 1981.
    (iii) Letter and enclosures: Janet Lyders to Mike Scheible, February 
6, 1981.
    (iv) Letter and enclosures: Jan Bush to William Lockett, December 
15, 1980.
    (v) Letter and enclosures: Jan Bush to William Lockett, October 23, 
1980.
    (111) Four items submitted for Ventura County by the Governor's 
designee on July 16, 1981:
    (i) Attachment V--Transportation Control Measures.
    (ii) Ventura Air Quality Management Plan, Appendix O, Plan for 
Attainment of Standards for Total Suspended Particulates In Ventura 
County: Interim Report, July, 1980.
    (iii) Attachment IV--Population Forecasts.
    (iv) Attachment VI--Implementation of Emission Reductions Required 
for Attainment of TSP Standards.

[[Page 201]]

    (112) Plan for Attainment of the Federal Secondary Total Suspended 
Particulate Standard in Santa Clara County, an addendum to the San 
Francisco Bay Area Air Basin Control Strategy (Chapter 15) submitted on 
March 16, 1981, by the Governor's designee.
    (113) Supplemental material for the San Diego Nonattainment Area 
Plan submitted on July 13, 1981, by the Governor's designee.
    (114) Supplemental material for the San Diego Nonattainment Area 
Plan submitted on August 31, 1981, by the Governor's designee.
    (115) Supplemental material for the San Diego Nonattainment Area 
Plan submitted on December 8, 1981, by the Governor's designee.
    (116) Supplemental material for the South Coast Nonattainment Area 
Plan submitted on July 24, 1981, by the Governor's designee.
    (117) Supplemental material for the South Coast Nonattainment Area 
Plan submitted on December 24, 1981, by the Governor's designee.
    (118) Supplemental material for the South Coast Nonattainment Area 
Plan submitted on February 18, 1982, by the Governor's designee.
    (119) Revised regulations for the following APCDs submitted on April 
17, 1980, by the Governor's designee.
    (i) El Dorado County APCD (Mountain Counties Air Basin).
    (A) New or amended Rules 502-520.
    (B) Rule 102.
    (C) Previously approved on May 27, 1982 and now deleted without 
replacement Rules 502 to 508, 510 to 513, 515, 517 to 519, and 521.
    (D) Previously approved on May 27, 1982 in paragraph (c)(119)(i)(A) 
of this section and now deleted without replacement, Rule 509.
    (ii) Mendocino County APCD.
    (A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
    (120) The Mountain Counties Air Basin Control Strategy for ozone 
(Chapter 9 of the ``Comprehensive Revisions to the State of California 
Implementation Plan for the Attainment and Maintenance of the Ambient 
Air Quality Standards'' was submitted by the Governor's designee on 
April 3, 1981. The submittal also included revised regulations for the 
following APCD's.
    (i) El Dorado County APCD (Mountain Counties Air Basin portion).
    (A) Rules 401, 402, 403, 404, 405, 406, 407, 410, 411, 415, 416, 
418, 419, 420, 421, 422, 423, 424, and 425.
    (B) Previously approved on July 7, 1982 and now deleted without 
replacement Rules 401 to 407, 410 to 411, 415 to 416, and 418 to 424.
    (121) Revised regulations for the following APCDs submitted on March 
1, 1982 by the Governor's designee.
    (i) South Coast AQMD.
    (A) New or amended Rule 474.
    (B) Amended Rules 107, 1107, 1108.1, 1125 and 1126.
    (C) Amended Rule 1110.
    (D) Previously approved on October 11, 1983 and now deleted without 
replacement Rule 107.
    (ii) San Diego County APCD.
    (A) New or amended Rules 62 and 53.
    (B) Amended Rule 67.6(e).
    (C) Amended Rule 17, adopted on November 25, 1981.
    (iii) Lake County APCD.
    (A) New or amended Rule 655.
    (iv) Bay Area AQMD.
    (A) Amended Regulation 8, Rules 2-112 and 5-313.4.
    (v) Ventura County APCD.
    (A) Amended Rule 74.6.
    (122) [Reserved]
    (123) Supplemental material for the Kern County Nonattainment Area 
Plan submitted on March 4, 1982, by the Governor's designee.
    (124) Revised regulations for the following APCDs submitted on 
August 6, 1982, by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Regulation 1: Rules 1-100, 1-112, 1-205, 1-233, 
1-234, 1-235, 1-520, 1-522, 1-530, 1-540, 1-543, 1-544, and 1-602; 
Regulations 4: Rule 4-303; Regulation 5: Rules 5-208 and 5-402; and 
deletion of Regulation 6: Rule 6-132.
    (B) [Reserved]
    (C) Amended Regulation 8, Rules 2, 4, 5, 8 and 10.
    (D) New or amended Regulation 2: Rules 2-1-207, 2-1-208, 2-1-301, 2-
1-304, and 2-1-307.
    (E) Amended Regulation 8, Rule 23.
    (ii) Lake County APCD.
    (A) New or amended Rules 630, 631, 660.1, 660.2, and 660.3.
    (B) Previously approved on November 10, 1982 in paragraph 
(c)(124)(ii)(A) of

[[Page 202]]

this section and now deleted without replacement, Rules 660.1, 660.2, 
and 660.3.
    (iii) San Joaquin County APCD.
    (A) New or amended Rules 203, 415, 503, and 521.
    (B) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 503 and 521.
    (iv) South Coast AQMD.
    (A) New or amended Rule 407.
    (B) Amended Rule 1107.
    (C) [Reserved]
    (v) Stanislaus County APCD.
    (A) New or amended Rules 203 and 503.
    (B) New or amended Rules 409.4 and 409.8.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rule 503.
    (vi) Del Norte County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rule 230, adopted December 14, 1981.
    (C) Previously approved on Novmber 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (vii) Humboldt County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rule 230, adopted December 8, 1981.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (viii) Mendocino County APCD.
    (A) New or amended Rules 610, 616, 618, and 620.
    (B) New or amended Rules 130 (introductory text, b1, m1, p5, and 
s2), and 230, adopted January 5, 1982.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (ix) Northern Sonoma County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rules 130 (introductory text, b1, n1, p5, and 
s2), 220(c), 230, and 260, adopted February 23, 1982 and rule 200, 
adopted June 15, 1982.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (x) Trinity County APCD.
    (A) New or amended Rules 616, 618, and 620.
    (B) New or amended Rule 230, adopted December 7, 1981.
    (C) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 616 and 618.
    (xi) Kern County APCD.
    (A) New or amended Rule 411.
    (xii) Butte County APCD.
    (A) New or amended Rules 4-6 and 4-6A.
    (B) Previously approved on June 1, 1983 in paragraph (xii)(A) of 
this section and now deleted Rules 4-6 and 4-6A.
    (125) Revised Regulations for the following APCDs submitted on May 
20, 1982 by the Governor's designee.
    (i) San Diego County APCD.
    (A) New or amended Rule 40.
    (ii) South Coast AQMD.
    (A) New or amended Rule 431.1.
    (B) New or amended Rules 303 and 304.
    (C) [Reserved]
    (D) Amended Rules 442, 467 and 1128.
    (iii) Monterey Bay Unified APCD.
    (A) New or amended Rule 422.
    (B) New Rule 428.
    (iv) Shasta County APCD.
    (A) New or amended Rules 2:6, 2:7, 2:8, 2:9, 2:11 and 4:4.
    (B) Previously approved on November 10, 1982 and now deleted without 
replacement Rule 4.4.
    (C) Previously approved on November 10, 1982 in paragraph 
(c)(125)(iv)(A) of this section and now deleted without replacement, 
Rule 2:11.
    (v) Tulare County APCD.
    (A) New or amended Rules 104 and 405.
    (B) Amended Rule 410.1.
    (C) Previously approved on November 10, 1982 in paragraph 
(c)(125)(v)(A) of this section and now deleted without replacement, Rule 
104.
    (vi) Yolo-Solano APCD.
    (A) New or amended Rules 4.1 and 4.2.
    (B) Previously approved on November 10, 1982 and now deleted without 
replacement Rules 4.1 and 4.2.
    (vii) Yuba County APCD.
    (A) New or amended Rule 9.6.
    (viii) Bay Area AQMD.
    (A) Manual of Procedures: Volumes I, V and VI.
    (B) Amended Regulation 8, Rules 7, 14, 18 and 19.
    (ix) San Joaquin County APCD.

[[Page 203]]

    (A) Amended Rule 412.
    (126) Revised regulations for the following APCDs submitted on 
November 8, 1982 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) New or amended Rules 59 and 70.
    (B) Amended Rules 16 and 19.
    (C) Previously approved on June 1, 1983 and now deleted without 
replacement Rule 70.
    (ii) Santa Barbara County APCD.
    (A) New or amended Rule 210D.
    (B) Previously approved on June 1, 1983 in paragraph (c)(126)(ii)(A) 
of this section and now deleted without replacement, Rule 210D.
    (iii) Stanislaus County APCD.
    (A) New or amended Rules 110, 202, and 302.
    (B) Amended Rules 409.8, 411 and 411.1(G).
    (C) Previously approved on June 18, 1982 and now deleted without 
replacement Rule 302.
    (iv) South Coast AQMD.
    (A) New or amended Rules 708.3 and 1105.
    (v) Tulare County APCD.
    (A) New or amended Rule 519.
    (B) Amended Rules 410.3 and 410.4.
    (C) Previously approved on June 1, 1983 and now deleted without 
replacement Rule 519.
    (vi) Yolo-Solano County APCD.
    (A) New or amended Rule 6.1.
    (B) Amended Rule 2.22.
    (127) Revised regulations for the following APCDs submitted on 
February 3, 1983 by the Governor's designee.
    (i)(A) [Reserved]
    (B) Amended Regulation 3: Rules 3-102, 3-302, 3-302.1, 3-303, and 
Schedule A.
    (C) Amended Rules 13 and 29.
    (D) New or amended Regulation 2: Rules 2-2-113.2, 2-2-115, 2-2-209, 
2-2-210, 2-2-211, 2-2-303.2, 2-2-304.1, 2-2-304.2, and 2-2-404; and 
Regulation 3: Rule 3-312.
    (ii) Fresno County APCD.
    (A) Amended Rules 406 and 408.
    (B) Amended Rule 409.1.
    (iii) North Coast Unified AQMD.
    (A) New Rule 350.
    (B) Previously approved on November 18, 1983 and now deleted without 
replacement Rule 350.
    (iv) Imperial County APCD.
    (A) Amended Rule 409.
    (B) Amended Rule 424.
    (v) Monterey Bay Unified APCD.
    (A) New or amended Rule 601.
    (B) Amended Rule 301, submitted on February 3, 1983.
    (C) Previously approved on August 9, 1985 in paragraph 
(c)(127)(v)(B) of this section and now deleted without replacement, Rule 
301.
    (vi) San Luis Obispo County APCD.
    (A) Amended Rule 302.
    (B) Previously approved on November 18, 1983 and now deleted without 
replacement Rule 302.
    (vii) South Coast AQMD.
    (A) New or amended Rules 301.1, 302, 303, and Resolutions 82-23 and 
82.35.
    (B) New or amended Rules 461, 1102, and 1102.1.
    (C) New or amended Rules 301, 304, 401(b) and 1148.
    (D) Previously approved on November 18, 1983 and now deleted without 
replacement Rule 303.
    (E) Previously approved on October 19, 1984 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1148.
    (F) Previously approved on November 18, 1983 in paragraph 
(c)(127)(vii)(A) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Pollution Control District and 
the South Coast Air Quality Management District, Rule 302.
    (G) Previously approved on October 19, 1984 in paragraph 
(c)(127)(vii)(C) of this section and now deleted without replacement for 
implementation in the Antelope Valley Air Pollution Control District and 
the South Coast Air Quality Management District, Rule 304.
    (viii) Ventura County APCD.
    (A) New or amended Rule 41.
    (B) Amended Rule 74.2.
    (128) The 1982 Ozone Air Quality Plan for the Monterey Bay Region 
was submitted on December 31, 1982 and January 14, 1983 by the 
Governor's designee.
    (129) The 1982 Ozone Air Quality Plan for Stanislaus County and the 
1982 Ozone and CO plan for San Joaquin County were submitted on December 
1, 1982 by the Governor's designee.
    (130) The 1982 Ozone Air Quality Plan for Santa Barbara County was 
submitted on December 31, 1982 by the Governor's designee.
    (131) [Reserved]

[[Page 204]]

    (132) Revised regulations for the following APCDs submitted on June 
28, 1982, by the Governor's designee.
    (i) Kern County APCD.
    (A) Amended Rule 425.
    (B) Previously approved on May 3, 1984 and now deleted without 
replacement, Rule 425.
    (133) The enabling legislation, Chapter 892, Statutes of 1982, 
(Senate Bill No. 33) for a California motor vehicle inspection and 
maintenance program and the California Air Resources Board's Executive 
Order G-125-15 submitted on September 17, 1982 by the Governor's 
designee.
    (134) A schedule to implement the California motor vehicle 
inspection and maintenance (I/M) program, the California Air Resources 
Board's Executive Order G-125-33, and local resolutions and requests 
from the Bay Area Air Quality Management District, Sacramento County 
APCD, Placer County APCD, Yolo-Solano APCD, San Diego County APCD, South 
Coast Air Quality Management District and Ventura County APCD to have 
the State implement the I/M program, submitted on July 26, 1983 by the 
Governor's designee.
    (135) The 1982 Ozone and CO Air Quality Plan for the San Francisco 
Bay Air Basin was submitted on February 4, 1983 by the Governor's 
designee.
    (136) The 1982 Ozone and CO Air Quality Plan for the San Diego Air 
Basin was submitted on February 28 and August 12, 1983 by the Governor's 
designee.
    (137) Revised regulations for the following APCDs was submitted on 
July 19, 1983 by the Governor's designee.
    (i) Kern County APCD.
    (A) New or amended Rules 301.1 and 302.
    (B) Amended Rule 410.1
    (C) Previously approved on February 1, 1984 in paragraph 
(c)(137)(i)(A) of this section and now deleted without replacement, 
Rules 301.1 and 302 (including Southeast Desert).
    (ii) Merced County APCD.
    (A) New or amended Rules 104, 108, 113, 202, 209.1, 301, 305, 407 
and 519.
    (B) Amended Rule 409.1.
    (C) New or amended Rules 409.4, 409.5, 411 and 411.1.
    (D) Previously approved on February 1, 1984 and now deleted without 
replacement Rules 305 and 319.
    (E) Previously approved on February 1, 1984 in paragraph 
(c)(137)(ii)(A) of this section and now deleted without replacement, 
Rules 104, 113, and 301 (paragraphs a, b, and h).
    (iii) Sacramento County APCD.
    (A) New or amended Rule 7.
    (B) Amended Rule 17.
    (iv) San Diego County APCD.
    (A) New or amended Rules 10 and 40.
    (B) Amended Rules 67.3, 67.4 and 67.6.
    (C) Previously approved on February 1, 1984 and now deleted without 
replacement Rule 40.
    (v) San Luis Obispo County APCD.
    (A) New or amended Rule 212.
    (vi) Shasta County APCD.
    (A) New or amended Rules 2.18, 3.4, and 3.15.
    (B) Amended Rules 3.3(b), 3.4(d) and 3.15(c).
    (vii) South Coast AQMD.
    (A) New or amended Rules 502, 1207 and deletion of 301.1.
    (B) New or amended Rules 301, 301.1, 301.2 and 431.1.
    (C) Previously approved on February 1, 1984 and now deleted without 
replacement Rule 502.
    (D) Previously approved on February 1, 1984 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1207.
    (viii) Ventura County APCD.
    (A) Amended Rule 41.
    (B) Previously approved on February 1, 1984 and now deleted without 
replacement Rule 41.
    (ix) Monterey Bay Unified APCD.
    (A) Amended Rule 426.
    (x) Placer County APCD (Mountain Counties Air Basin portion).
    (A) Amended Rule 218.
    (xi) Fresno County APCD.
    (A) Amended Rule 409.4.
    (138) Revised regulations for the following APCDs was submitted on 
April 11, 1983 by the Governor's designee.
    (i) Butte County APCD.
    (A) Amended Rules 1-36, 4-2, 4-3, 4-11, and 5-3.
    (B) Previously approved on November 18, 1983 in paragraph (i)(A) of 
this section and now deleted without replacement Rules 4-3 and Rule 4-
11.

[[Page 205]]

    (C) Previously approved on November 18, 1983 in paragraph 
(c)(138)(i)(A) of this section and now deleted without replacement, 
Rules 4-2, 4-11, and 5-3.
    (ii) El Dorado County APCD.
    (A) New or amended Rules 203, 206, 207, 209-212, 221-226, 521, 609-
612 and 700-703.
    (B) Amended Rules 214-220.
    (C) New Rule 213.
    (D) Previously approved on November 18, 1983 and now deleted without 
replacement Rule 521.
    (E) Previously approved on November 18, 1983 in paragraph 
(c)(138)(ii)(A) of this section and now deleted without replacement, 
Rules 609 to 612 (Mountain Counties Air Basin).
    (iii) Fresno County APCD.
    (A) New or amended Rule 301.
    (B) Previously approved on November 18, 1983 in paragraph 
(c)(138)(iii)(A) of this section and now deleted without replacement, 
Rule 301.
    (iv) Lake County APCD.
    (A) New or amended Rules 900 and 902.
    (B) Previously approved on November 18, 1983 in paragraph 
(c)(138)(iv)(A) of this section and now deleted without replacement, 
Rules 900 and 902.
    (v) Madera County APCD.
    (A) New or amended Rules 103-117, 301-305, 401-405, 421-425, 501-
503, 519, 606, 610 and 611.
    (B) Amended Rules 409, 410, and 417-419.
    (C) New or amended Rules 406, 407, 408, 411 and 420.
    (D) Previously approved on November 18, 1983 and now deleted without 
replacement Rules 305 and 502 to 503.
    (E) Previously approved on November 18, 1983 in paragraph 
(c)(138)(v)(A) of this section and now deleted without replacement, 
Rules 105, 108, 111, and 301 to 304.
    (vi) Monterey Bay Unified APCD.
    (A) New or amended Rules 200, 201(p), 501, 503, 506, 507 and 508.
    (B) Amended Rule 425.
    (vii) Ventura County APCD.
    (A) New or amended Rule 59c.
    (viii) Kern County APCD.
    (A) Amended Rule 414.1.
    (ix) Kings County APCD.
    (A) Amended Rule 410.1.
    (139) Amendments to ``Chapter 27--California Lead Control Strategy'' 
was submitted on April 8, 1983 by the Governor's designee.
    (140) Revised regulations for the following APCDs were submitted on 
August 30, 1983 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) Amended Regulation 3: Rules 3-100 through 3-103, 3-200 through 
3-211, 3-300 through 3-313 and 3-400 through 3-409.
    (B) New Regulation 8, Rule 30.
    (C) Previously approved on May 3, 1984 and now deleted without 
replacement Rule 3-301.
    (D) Previously approved on May 3, 1984 in paragraph (c)(140)(i)(A) 
of this section and now deleted without replacement, Regulation 3: Rules 
3-100 through 3-103, 3-200 through 3-211, 3-300, 3-302 through 3-313, 
and 3-400 through 3-409.
    (ii) Kern County APCD.
    (A) New or amended Rules 405, 408, 409, and 424.
    (B) Previously approved on May 3, 1994 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin, Rule 
408.
    (C) Previously approved on May 3, 1984 and now deleted without 
replacement for implementation in the Southeast Desert Air Basin Rule 
424.
    (iii) Stanislaus County APCD.
    (A) New or amended Rules 109 and 213.
    (B) Amended Rule 409.1.
    (C) Previously approved on May 3, 1984 in paragraph (c)(140)(iii)(A) 
of this section and now deleted without replacement, Rule 109.
    (iv) Yolo-Solano APCD.
    (A) Amended Rule 2.13(1).
    (141) The 1982 CO Air Quality Plan for the Lake Tahoe Air Basin was 
submitted on December 20, 1982 by the Governor's designee.
    (142) The 1982 ozone and CO Air Quality Plan for the Sacramento 
nonattainment area submitted on January 10, 1984 by the Governor's 
designee, except for the attainment and RFP demonstration portions of 
the ozone plan.
    (143) Revisions to the 1982 ozone and CO Air Quality Plan for the 
Sacramento nonattainment area submitted on February 10, 1984.
    (144) The 1982 Ozone and CO Air Quality Management Plan for the 
South

[[Page 206]]

Coast Air Basin submitted on December 31, 1982 and subsequently amended 
on February 15, and June 28, 1984 by the Governor's designee, except 
for:
    (i) The attainment and RFP demonstration portions of the plan.
    (ii) The emission reduction credit for the New Source Review control 
measure.
    (145) The 1982 Ozone Air Quality Management Plan for Ventura County 
submitted on December 31, 1982 by the Governor's designee except for the 
attainment and RFP demonstration portions of the plan.
    (146) The 1982 Ozone and CO Clean Air Plan for the Fresno 
nonattainment area submitted on December 1, 1982 by the Governor's 
designee, except for the attainment and RFP demonstration portions of 
the plans.
    (147) [Reserved]
    (148) Revised regulations for the following APCDs were submitted on 
October 27, 1983 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Regulations 6-303.4, 9-1-100, 9-1-101, 9-1-110, 
9-1-200 through 9-1-205, 9-1-300 through 9-1-312, 9-1-400 through 9-1-
404, 9-1-500 through 9-1-503, 9-1-600 through 9-1-605 and 5-401.13.
    (B) Amended Regulation 8, Rules 3, 9, 10, 20, 22, 25 and 28.
    (ii) El Dorado County APCD.
    (A) New or amended Rules 102, 226, 227, and 228.
    (B) New Rules 224 and 225.
    (C) Previously approved on May 3, 1984 in paragraph (c)(148)(ii)(A) 
of this section and now deleted without replacement, Rule 226.
    (iii) Monterey Bay Unified APCD.
    (A) New or amended Rules 407, 410, and 411.
    (iv) San Diego County APCD.
    (A) New or amended Rule 68.
    (B) New Rule 67.9.
    (v) Shasta County APCD.
    (A) New or amended Rule 2.6.
    (vi) South Coast AQMD.
    (A) New or amended Rules 1105 and 1111.
    (B) New or amended Rules 1113, 1122, 1136, 1141 and 1145.
    (vii) Ventura County APCD.
    (A) New or amended Rule 30.
    (viii) Madera County APCD.
    (A) Amended Rule 416.
    (149) Revised regulations for the following APCD's submitted on 
January 20, 1983 by the Governor's designee.
    (i) California State.
    (A) New or amended California statewide regulations: Test Procedures 
for Determining the Efficiency of Gasoline Vapor Recovery Systems at 
Service Stations; Certification and Test Procedures for Vapor Recovery 
Systems of Gasoline Delivery Tanks; Test Procedure for Gasoline Vapor 
Leak Detection Using Combustible Gas Detector.
    (150) Revised regulations for the following APCD's submitted August 
2, 1983, by the Governor's designee.
    (i) Kings County APCD.
    (A) New Rule 414.4.
    (ii) Yuba County APCD.
    (A) Amended Rule 3.9.
    (151) [Reserved]
    (152) Amendments to ``Chapter 27--California Lead Control Strategy'' 
were submitted on February 22, 1984 by the Governor's designee.
    (153) Revised regulations for the following APCD's were submitted on 
March 14, 1984 by the Governor's designee.
    (i) Lake County APCD.
    (A) New or amended Rule 602.
    (ii) North Coast Unified AQMD.
    (A) New or amended Rules 100, 120, 130 [Paragraphs (d1) and (s5)], 
160 (except (a) and non-criteria pollutants), 240, 500, 520, 600, 610 
and Appendix B (except (D)(1)(e)).
    (B) New or amended Rules, 130, 130 (b1, m2, n1, p5, s2), 200 (a), 
(b), (c)(1-2), and (d), 220(c), and 260.
    (C) Previously approved on December 5, 1984 and now deleted without 
replacement Rules 600 and 610.
    (D) Previously approved on December 5, 1984 in paragraph 
(c)(153)(ii)(A) of this section and now deleted without replacement, 
Rules 500 and 520.
    (iii) San Diego APCD.
    (A) New or amended Rules 2, 52 and 53.
    (B) Amended Rules 67.0 and 67.1 (deletion).
    (iv) San Joaquin APCD.
    (A) New or amended Rules 110, 202 and 407.
    (B) Amended Rules 409.1 and 409.4.
    (v) Bay Area AQMD.
    (A) New Regulation 8, Rules 31 and 32.

[[Page 207]]

    (vi) Kern County APCD.
    (A) Amended Rule 410.1.
    (vii) South Coast AQMD.
    (A) New or amended Rules 1108.1 and 1141.1.
    (B) New Rule 1158, adopted 12-2-83.
    (viii) Ventura County APCD.
    (A) Amended Rule 74.2
    (154) Revised regulations for the following APCD's were submitted on 
April 19, 1984 by the Governor's designee.
    (i) Mendocino County APCD.
    (A) New or amended Regulation 1: Rules 100, 120, 130 [Paragraphs 
(d1) and (s5)], 160 (except (a) and non-criteria pollutants), 240, 500, 
520, 600, 610 and Appendix B (except (D)(1)(e)) and Regulation 2: Rules 
101, 102, 200, 301, 302, 303, 304, 305, 401, 501, and 502.
    (B) New or amended Rules, 130, 200, 220(a)(1&3), (b)(1, 2, 5, and 
7), (c), and 260.
    (C) Previously approved on December 5, 1984 and now deleted without 
replacement Rules 600 and 610.
    (D) Previously approved on December 5, 1984 in paragraph 
(c)(154)(i)(A) of this section and now deleted without replacement, 
Rules 500, 520, and Regulation 2: Rule 502.1.
    (ii) Monterey Bay Unified APCD.
    (A) New or amended Rules 101, 200, 203 and 422.
    (B) Amended Rule 426.
    (iii) Sacramento County APCD.
    (A) New or amended Rules 101, 102, 103, 403-410, 420, 501, 601, 602 
and 701.
    (B) Amended Rules 441, 442, 444-446 and 448-455.
    (C) Previously approved on December 5, 1984 and now deleted without 
replacement Rules 601 and 602.
    (iv) San Luis Obispo County APCD.
    (A) New or amended Rule 105.
    (v) Shasta County APCD.
    (A) New or amended Rules 1:2, 2:2 (repealed), 2:3 (repealed), 2:6 
2:26 (repealed), 2:27 (repealed), and 3:2.
    (B) Amended Rule 3:4, adopted on January 3, 1984.
    (vi) Bay Area AQMD.
    (A) New or amended Regulation 8, Rules 6, 7, 29 and 33.
    (B) Amended Regulation 9, Rule 4 adopted December 7, 1983.
    (vii) South Coast AQMD.
    (A) Amended Rule 1124.
    (B) [Reserved]
    (155) Revised regulations for the following APCD's submitted July 
10, 1984, by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Regulation 8, Rules 11, 34 and 35.
    (ii) El Dorado County APCD.
    (A) New or amended Rules 215, 216 (deletion), 216 and 217 
(deletion).
    (B) New or amended Rule 217.
    (iii) Madera County APCD.
    (A) New or amended Rules 409 and 410.
    (B) New or amended Rules 203 and 404.
    (iv) South Coast AQMD.
    (A) Amended Rule 1113.
    (B) New or amended Rules 401 and 1305.
    (v) North Coast Unified AQMD.
    (A) New or amended Regulation 2.
    (B) New or amended Rules 130 (b2, m1, p3, and s7), Chapter II, 200 
(c)(3-6) and 220 (a) and (b).
    (C) Previously approved on January 29, 1985 in paragraph 
(c)(155)(v)(A) of this section and now deleted without replacement, 
Regulation 2: Rule 502.
    (vi) Shasta County APCD.
    (A) Amended Rule 1:2.
    (156) Revised regulations for the following APCD's were submitted on 
October 19, 1984 by the Governor's designee.
    (i) Bay Area AQMD.
    (A) New or amended Rules 2-1 and 8-36.
    (ii) Merced County APCD.
    (A) New or amended Rules 112, 409.1, and 409.4.
    (B) Previously approved on January 29, 1985 in paragraph 
(c)(156)(ii)(A) of this section and now deleted without replacement, 
Rule 112.
    (iii) North Coast Unified AQMD.
    (A) New or amended Rules 160 and 460.
    (B) Amended Rules 130(c, 1) and 240(e).
    (iv) San Diego County APCD.
    (A) New or amended Rules 61.0, 61.2, 61.8, and 67.3.
    (v) Yolo-Solano APCD.
    (A) New or amended Rule 2.21.
    (vi) Northern Sonoma County APCD.
    (A) New or amended Rules 130 (b2, m1, p3, p3a, and s7), Chapter II, 
220(B).
    (vii) South Coast AQMD.
    (A) New or amended Rule 463, adopted 6-1-84 and 1141.2, adopted 7-6-
84.

[[Page 208]]

    (157) [Reserved]
    (158) Revised regulations for the following Districts were submitted 
on December 3, 1984 by the Governor's designee.
    (i) Mendocino County APCD.
    (A) New or amended Rules 1-160, 1-240, 1-460 and 2-502.2.
    (B) New or amended Rules 130 (b2, m1, p3, s7), Chapter II, 220 
(a)(2) and (b)(3, 4, 6, 8 and 9).
    (C) Previously approved on May 9, 1985 in paragraph (c)(158)(i)(A) 
of this section and now deleted without replacement, Rule 2-502.2.
    (159) Revised regulations for the following APCD's were submitted on 
February 6, 1985 by the Governor's designee.
    (i) Sacramento County APCD.
    (A) Amended Rule 202 (except for a) sections 104 and 105 as they 
apply to volatile organic compounds and nitrogen oxides, b) sections 109 
and 229, and c) the portion of section 405 which concerns stack heights 
[under NSR]).
    (ii) Fresno County APCD.
    (A) New or amended Rules 409.7 and 413.1, adopted on October 2, 
1984.
    (iii) Monterey Bay Unified APCD.
    (A) New or amended Rules 100 to 106, 200 to 206, 208 to 214, 400, 
401, 405, 406, 408 to 415, 417 to 422, 425 to 428, 500 to 506, 600 to 
617, 700 to 713, 800 to 816, and 900 to 904, adopted on December 13, 
1984.
    (B) Previously approved on July 13, 1987 and now deleted without 
replacement Rules 600 to 617 and 800 to 816.
    (C) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this 
section and now deleted without replacement Rules 405 and 406.
    (D) Previously approved on July 13, 1987 in paragraph 
(c)(159)(iii)(A) of this section and now deleted without replacement, 
Rule 104.
    (E) Previously approved on July 13, 1987 in (c)(159)(iii)(A) of this 
section and now deleted without replacement, Rule 209.
    (iv) Sacramento County APCD.
    (A) New or amended Rules 201 (sections 100-400), 404 (sections 100-
300), and 443 (sections 100-400), adopted on November 20, 1984.
    (B) Amended Rule 447 adopted November 20, 1984.
    (v) South Coast AQMD.
    (A) New or amended Rules 1104 and 1125, adopted on December 7, 1984.
    (B) Amended Rule 1141, adopted on November 2, 1984.
    (C) Amended Rule 1105 adopted September 21, 1984.
    (D) New Rule 1117 adopted January 6, 1984.
    (E) Previously approved on July 12, 1990 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rules 1105 and 1117.
    (vi) Stanislaus County APCD.
    (A) New or amended Rules 202(O), 411, and 416.1, adopted on 
September 18, 1984.
    (vii) Yolo-Solano County APCD.
    (A) Amended Rule 2.21.a.7. (a) and (b) adopted November 21, 1984.
    (160) Revised regulations for the following APCD's were submitted on 
April 12, 1985, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area AQMD.
    (1) Revisions to Regulation 8, Rule 33, adopted on January 9, 1985.
    (B) San Luis Obispo County APCD.
    (1) New or amended Rules 201, 205, 405, and 406, adopted on November 
13, 1984.
    (C) Shasta County APCD.
    (1) Amended Rule 2:1.514, adopted on May 29, 1984.
    (D) San Diego County APCD.
    (1) New Rule 67.10 adopted January 30, 1985.
    (E) South Coast AQMD.
    (1) Amended Rule 1108 adopted February 1, 1985.
    (161) Revisions to the ozone and carbon monoxide nonattainment area 
plans for the Fresno County portion of the San Joaquin Valley Air Basin 
were submitted by the Governor on June 11, 1984.
    (i) Incorporation by reference.
    (A) State of California Air Resources Board Executive Order G-125-46 
adopted May 11, 1984.
    (B) Letters from the County of Fresno to the Bureau of Automotive 
Repair dated March 14, 1984 and February 14, 1984 requesting 
implementation of an   I/M program in Fresno County.
    (C) County of Fresno Resolution File Number 18-13 adopted February 
14, 1984.

[[Page 209]]

    (D) Schedule to implement I/M in Fresno County, adopted on February 
14, 1984.
    (ii) Additional Information. The State submitted no additional 
information.
    (162) Revised regulations for the following APCD were submitted on 
June 21, 1985 by the Governor's designee.
    (i) Northern Sonoma County APCD.
    (A) Amended Rule 220 (a).
    (163) Rule 1304(e), Resource Conservation and Energy Projects, 
adopted on March 7, 1980, submitted on April 3, 1980 (See Sec. 
52.220(c)(68)(i)), and conditionally approved on January 21, 1981 [See Sec. 
52.232(a)(3)(i)(A)] is disapproved but only with respect to projects 
whose application for a permit is complete after January 1, 1986.
    (164) Revised regulations for the following APCD's were submitted on 
October 16, 1985 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Amador County APCD.
    (1) New or amended Rules 301-319 and 501, adopted 6/16/81; and Rules 
502-514 and 517-521, adopted 1/8/80.
    (2) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(A)(1) of this section and now deleted without replacement, 
Rules 318, 319, and 509.
    (B) Northern Sonoma County APCD.
    (1) Amended Rules 100, 120, 130 (d1 and s5), 500, 520, 600, and 610, 
adopted 2/22/84, and amended Rule 200(a), adopted 7/19/83.
    (2) Appendices A and B adopted on February 22, 1984.
    (3) Previously approved on April 17, 1987 in paragraph 
(c)(164)(i)(B)(1) of this section and now deleted without replacement, 
Rules 500 and 520.
    (C) Ventura County APCD.
    (1) Amended Rules 15, 54, 61, 64, 67, 69, 70, 74.3, 74.4, 74.5, 
74.6, 74.8, 80, and 103, revised 7/5/83.
    (2) Previously approved and now removed (without replacement), Rule 
84.
    (3) Previously approved on April 17, 1987 and now deleted without 
replacement Rule 61.
    (4) Rule 74.11 adopted on April 9, 1985.
    (D) Yuba County APCD.
    (1) Amended Rules 1.1, 2.0, 2.1, 2.3, 2.5, 2.6, 2.7, 2.9, 2.11, and 
2.16, adopted 3/5/85.
    (E) South Coast Air Quality Management District.
    (1) Rule 1150.1, adopted on April 5, 1985.
    (165) Revised regulations for the following APCD's were submitted by 
the Governor's designee on November 12, 1985.
    (i) Incorporation by reference.
    (A) Northern Sonoma County APCD.
    (1) Amended Rule 130 s4, adopted 7/9/85.
    (B) South Coast Air Quality Management District.
    (1) Amended Rule 221, adopted 1/4/85.
    (166) A revised regulation for the following district was submitted 
on December 2, 1983, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast AQMD.
    (1) Amended Rule 466 adopted 10/7/83.
    (167) A revised regulation for the following district was submitted 
on August 1, 1984, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County APCD.
    (1) Amended Rule 74.7 adopted 7-3-84.
    (168) Revised regulations for the following APCD's were submitted by 
the Governor's designee on February 10, 1986.
    (i) Incorporation by reference.
    (A) Butte County APCD.
    (1) New or amended Rules 101, 102, 250, 260, 261, 270, 301, 302, 
303, 304, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 
318, 320, 322, 323, 324, 325, 401, 402, 403, 405, 406, 407, 420, 421, 
422, 423, 425, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 
612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 701, 702, 703, 704, 
801, 802, 901, 902, and 3-3 (repealed), adopted August 6, 1985.
    (2) New or amended Rules 202, 203, 204, 205, 210, 211, 212, 213, 
214, 215, 220, 225, and 231 adopted August 6, 1985.
    (3) Previously approved on February 3, 1987 and now deleted without 
replacement Rules 601 to 618, 620 to 621, and 801 to 802.
    (4) Rule 424, adopted on August 6, 1985.
    (5) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(A)(1) of this section and now deleted without replacement, 
Rules 701, 702, 703, and 902.
    (B) Lake County APCD.
    (1) New Rules 650D, 651, and 1701Q, adopted December 10, 1985.

[[Page 210]]

    (C) Placer County APCD (Mountain Counties portion).
    (1) Amended Rules 102, 312, 314, 315, 320, 505, 507, 803, 211A 
(repealed), and 219M (repealed), adopted May 20, 1985.
    (2) New or amended Rules 213, 307, and 324 adopted May 20, 1985.
    (3) Previously approved on February 3, 1987 in paragraph 
(c)(168)(i)(C)(1) of this section and now deleted without replacement, 
Rule 803.
    (D) Sutter County APCD.
    (1) Amended Rule 2.5, adopted October 15, 1985.
    (E) Tehama County APCD.
    (1) Amended Rules 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 5.2, 5.3, 5.6, 
5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15, 5.16, 5.17, 5.18, 5.20, 
5.21, 5.22, and 5.23, adopted September 19, 1985.
    (2) New or amended Rules 4.3, 4.8, 4.9 (a) and (b), 4.10, and 4.14 
adopted September 10, 1985.
    (3) Previously approved on February 3, 1987 and now deleted without 
replacement Rules 5.2 to 5.3, 5.6 to 5.9, 5.11 to 5.12, 5.13, 5.15 to 
5.18, and 5.20 to 5.23.
    (F) Monterey Bay Unified APCD.
    (1) New or amended Rules 416 and 418 adopted September 18, 1985.
    (2) Rule 204, amended on July 17, 1985.
    (G) San Diego County APCD.
    (1) New or amended Rules 66 (w) and 67.8 (d) adopted September 17, 
1985.
    (H) South Coast AQMD.
    (1) Amended Rule 1159 adopted December 6, 1985.
    (2) Rule 1150.2, adopted on October 18, 1985.
    (3) Previously approved on July 12, 1990 in paragraph (i)(H)(1) of 
this section and now deleted without replacement for implementation in 
the Antelope Valley Air Pollution Control District Rule 1159.
    (169) New and amended regulations submitted on June 4, 1986 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 404 and 405 adopted on May 7, 1976 and amended on February 
7, 1986. Rule 1112.1 adopted on February 7, 1986.
    (170) Revised regulations for the following APCD's were submitted on 
August 12, 1986, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Placer County Air Pollution Control District.
    (1) Amended rules 101, 201, 305 (Mountain Counties portion), adopted 
May 27, 1986.
    (171) Revised regulations for the following APCD's were submitted on 
November 21, 1986 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Mendocino County APCD.
    (1) Amended Rule 200(d), adopted on July 8, 1986.
    (B) Placer County APCD.
    (1) New Rule 225, adopted on June 17, 1986.
    (C) San Joaquin County APCD.
    (1) Amended Rules 411.2, 416, and 416.1, adopted on June 24, 1986.
    (D) Shasta County APCD.
    (1) New or amended Rules 1:1, 1:2 (except ``fugitive emissions''), 
2:10, 2:23, 2:26, 2:27, 3:2, 3:3, 4:1, 4:2, and 4:7 adopted on July 22, 
1986.
    (2) Previously submitted to EPA on June 30, 1972 and approved in the 
Federal Register on September 22, 1972 and now removed without 
replacement, Rule 2:13.
    (3) Previously submitted to EPA on July 19, 1974 and approved in the 
Federal Register on August 22, 1977 and now removed without replacement, 
Rules 3:8, 4:7, 4:9, 4:10, 4:11, 4:12, 4:13, 4:15, 4:16, 4:17, 4:18, 
4:20, 4:21, and 4:22.
    (4) Previously submitted to EPA on October 13, 1977 and approved in 
the Federal Register on November 14, 1978 and now removed without 
replacement, Rules 4:14 and 4:19.
    (5) Previously approved on April 12, 1989 and now deleted without 
replacement Rule 4.1.
    (172) Revised regulations for the following APCD's were submitted on 
March 11, 1987, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Siskiyou County APCD.
    (1) New or amended Rules 1.1, 1.2 (A3, A4, A8, A9, B3, B4, C1, C5, 
C6, C8, C10, D1, D2, E1, F1, H2, I2, I3, M3, M4, O1, P1, P3, P4, P8, R3, 
R4, R6, S1, S2, S3, S5, S6, T2, V1), 1.3, 1.5, 2.3, 2.7, 2.8, 2.9, 2.10, 
2.11, and 2.12 adopted on November 25, 1986.

[[Page 211]]

    (2) Previously submitted to EPA on February 21, 1972 and approved in 
the Federal Register on May 31, 1972 and now removed without 
replacement, Rule 1.2 (M).
    (3) Previously submitted to EPA on July 25, 1973 and approved in the 
Federal Register on August 22, 1977 and now removed without replacement, 
Rule 2.13.
    (B) Ventura County APCD.
    (1) Amended Rule 23, adopted on October 21, 1986.
    (173) Revised regulations for the following APCD's were submitted on 
June 9, 1987 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area AQMD.
    (1) New Rules 2-1-401.6 and 2-1-401.7, adopted January 7, 1987.
    (B) Imperial County APCD.
    (1) New or amended Rules 102, 105, 108, 110, 113, 115, 203, 204, 
205, 210, 401, 402, 403, 420, 421, 422, and 423, adopted November 19, 
1985.
    (2) Previously approved on February 3, 1989 in paragraph 
(c)(173)(i)(B)(1) of this section and now deleted without replacement, 
Rules 105 and 108.
    (C) Monterey Bay Unified APCD.
    (1) Amended Rule 201 (introductory paragraph and subparagraphs (1) 
through (8.6)), adopted December 17, 1986.
    (2) Rule 200, amended on December 17, 1986.
    (D) Tulare County APCD.
    (1) Amended Rules 110 and 202 (introductory paragraph and 
subparagraphs (a) through (d.7)), adopted May 13, 1986.
    (2) Previously approved on February 3, 1989 in paragraph 
(c)(173)(i)(D)(1) of this section and now deleted without replacement, 
Rule 110.
    (E) San Diego County Air Pollution Control District.
    (1) Amended Rules 61.7 and 61.8, adopted on January 13, 1987.
    (F) South Coast Air Quality Management District.
    (1) Rule 443.1, adopted on December 5, 1986.
    (174) Revised regulations for the following APCD's were submitted on 
September 1, 1987 by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast AQMD.
    (1) Amended Rule 212, adopted May 1, 1987.
    (B) Ventura County APCD.
    (1) Amended Rule 12, adopted June 16, 1987.
    (175) Revised regulations for the following APCD's were submitted on 
November 25, 1987, by the Governor's designee.
    (i) Incorporation by Reference.
    (A) Shasta County AQMD.
    (1) Amended rules 1:2, 2:6.a.4.(c), 2:6.b, 2:7.a, 2:7.c, 
2:8.c.2.(a), 2:8.c.3.(a), 2:8.c.4, and 2:19, adopted on July 28, 1987.
    (B) Tehama County APCD.
    (1) New or amended rules 1:2, 3:1, 3:6(1), 3:11(a), 3:12, 3:13.j, 
3:14(10), 3:15, 4:3, and 4:24, adopted on August 4, 1987.
    (2) Rule 4.22, adopted on August 4, 1987.
    (C) Yolo-Solano APCD.
    (1) Amended rule 3:7(d), adopted on August 12, 1987.
    (176) Revised regulations for the following APCD's were submitted on 
March 23, 1988 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Siskiyou County Air Pollution Control District.
    (1) New and amended rules 4.1, 4.1-1, 4.1-2, 4.2-1, 4.3, 4.4, 4.5, 
4.6, 4.6-1, 4.7, 4.8, 4.9, 4.10, 4.11, 7.1, 7.2, 7.3, 7.4, 7.5-1, 7.5-2, 
7.5-3, 7.6, and 7.7 adopted on October 27, 1987.
    (B) Lake County Air Pollution Control District.
    (1) Amended rules 431.5, 431.7, 432, 432.5, 433, 434, 436.5, 442, 
1105, and 1107 adopted October 20, 1987.
    (2) Previously approved on October 23, 1989 in paragraph 
(c)(176)(i)(B)(1) of this section and now deleted Section 442 (now 
replaced by Section 436).
    (C) Lassen County Air Pollution Control District.
    (1) Amended Articles I, II, III, IV, V, VI, and VII adopted August 
11, 1987.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 429 adopted on September 16, 1987.
    (E) South Coast Air Quality Management District.
    (1) Rule 444, adopted on October 2, 1987.
    (177) Revised regulations for the following APCD's were submitted by 
the

[[Page 212]]

Governor's designee on February 7, 1989.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Amended Rules 2 and 55 adopted May 24, 1988.
    (2) Amended Rule 56 adopted May 24, 1988.
    (B) Bay Area Air Quality Management District.
    (1) Amended Regulation 4 adopted September 7, 1988.
    (C) Mariposa County Air Pollution Control District.
    (1) Amended Regulation III and Rules 300, 301, 302, 303, 304, 305, 
306, 307, and 308 adopted July 19, 1988.
    (D) Madera County Air Pollution Control District.
    (1) Amended rules 106, 112, 114, 401, 403, 422, 424, 425, 501, 504, 
505, 506, 518, 519, 601, 603, 605, 606, 609, 610, 611, 613, and 614 
adoped on January 5, 1988.
    (2) Previously approved on April 16, 1991 and now deleted without 
replacement Rules 106, 501, 504 to 506, and 519.
    (3) Previously approved on April 16, 1991 in paragraph 
(c)(177)(i)(D)(1) of this section and now deleted without replacement, 
Rule 112.
    (E) Bay Area Air Quality Management District.
    (1) Rule 8-5 adopted on May 4, 1988.
    (F) Lake County Air Quality Management District.
    (1) Rules 248.5 and 270, adopted on December 6, 1988.
    (2) Section (Rule) 1150, adopted on December 6, 1988.
    (178) [Reserved]
    (179) Revised regulations for the following APCD's were submitted on 
March 26, 1990, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kings County Air Pollution Control District.
    (1) Amended Rules 417 and 417.1 adopted on February 28, 1989.
    (B) San Bernardino County Air Pollution District.
    (1) Amended Rules 101, 102 (except fugitive liquid leak and fugitive 
vapor leak), 103, 104, 105, and 106 adopted on December 19, 1988.
    (2) Previously approved on November 27, 1990 in paragraph 
(c)(179)(i)(B)(1) of this section and now deleted without replacement, 
Rule 105.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-44, adopted January 4, 1989.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.7, adopted on January 10, 1989.
    (2) Rule 30 adopted on May 30, 1989.
    (E) Siskiyou County Air Pollution Control District.
    (1) Rules 1.2 (except section V1), 1.4, 2.1, 2.2, 2.10. 4.1, 4.6, 
6.1, and Appendix A, adopted on January 24, 1989.
    (2) Rule 4.10 adopted on January 24, 1989.
    (3) Rule 4.3, adopted on January 24, 1989.
    (4) Previously approved on November 4, 1996 in paragraph 
(c)(179)(i)(E)(1) of this section and now deleted without replacement, 
Rule 1.4.
    (F) Lake County Air Quality Management District.
    (1) Rule 1010, adopted on June 13, 1989.
    (2) Section (Rule) 431.5, adopted on June 13, 1989.
    (G) Tuolumne County Air Pollution Control District.
    (1) Rules 101, 102, and Rule 300, adopted November 22, 1988.
    (2) Rules 302 to 310, adopted on November 22, 1988.
    (180) [Reserved]
    (181) New and amended regulations for the following APCD were 
submitted on October 16, 1990, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 71.2, adopted on September 26, 1989.
    (182) New and amended regulations for the following APCDs were 
submitted on December 31, 1990, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1175 and 1176, adopted on January 5, 1990.
    (2) Rule 109, adopted on May 5, 1989.
    (3) Rule 108, adopted on April 6, 1990.
    (4) Rule 461, adopted on July 7, 1989.
    (5) Rule 431.2, amended on May 4, 1990.

[[Page 213]]

    (B) Bay Area Air Quality Management District.
    (1) Regulation 8, Rule 8, adopted on November 1, 1989.
    (2) Amended Rule 8-28, adopted September 6, 1989.
    (3) Rule 8-46, adopted July 12, 1989.
    (4) Amended Regulation 8, Rule 16, adopted on August 2, 1989.
    (5) Amended Regulation 8, Rule 11, adopted on September 20, 1989.
    (6) Regulation 2, Rule 1 adopted on November 1, 1989.
    (C) San Luis Obispo County Air Pollution Control District.
    (1) Rule 424, adopted on July 18, 1989.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Amended Rule 323, adopted on February 20, 1990.
    (E) San Diego County Air Pollution Control District.
    (1) Amended Rules 101, 102, 103, and 108, adopted March 27, 1990.
    (2) Previously approved on March 11, 1988 in paragraph 
(c)(182)(i)(E)(1) of this section and now deleted Rules 101, 102, 103, 
and 108 (now replaced by Rule 101).
    (F) Modoc County Air Pollution Control District.
    (1) Rules 4.1-2, 4.6, 4.6-1, and 4.9 adopted on January 3, 1989.
    (2) Rule 4.11, adopted on January 3, 1989.
    (3) Rule 1.2 and Rule 7.1, adopted May 1, 1989.
    (4) Rule 4.1, adopted on January 15, 1989.
    (G) Siskiyou County Air Pollution Control District.
    (1) Rule 4.14, adopted on July 11, 1989.
    (2) Rule 7.1, adopted July 11, 1989.
    (183) New and amended regulations for the following APCD's were 
submitted on April 5, 1991, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Rule 67.8, adopted on December 18, 1990.
    (2) Rule 61.9, adopted on March 14, 1989, is now removed without 
replacement as of April 19, 1994.
    (3) Revised Rule 67.3, adopted on October 16, 1990.
    (4) Amended Rule 61.4, adopted on October 16, 1990.
    (5) Amended Rule 67.4, adopted July 3, 1990.
    (6) Amended Rule 61.0, adopted on September 16, 1990.
    (7) New Rule 67.12, adopted December 4, 1990.
    (8) Previously approved on March 24, 1992 and now deleted without 
replacement Rule 67.8.
    (9) Amended Rule 67.18, adopted on July 3, 1990.
    (10) Revised Rules 61.2, 61.3, and 67.5, adopted October 16, 1990.
    (11) Amended Rule 61.1, adopted October 16, 1990.
    (12) Rule 67.6, adopted on October 16, 1990.
    (13) Rule 67.15, adopted on December 18, 1990.
    (B) Ventura County Air Pollution Control District.
    (1) Rules 74.5.1 and 74.5.2, adopted on December 4, 1990.
    (2) Rule 71, adopted on September 11, 1990.
    (3) Rule 74.13, adopted on January 22, 1991.
    (4) Rule 74.16, adopted January 8, 1991.
    (C) Placer County Air Pollution Control District.
    (1) Amended Rule 217, adopted on September 25, 1990.
    (2) Amended Rule 213, adopted on September 25, 1990.
    (3) New Rule 410 and Amended Rule 223, adopted on September 25, 
1990.
    (4) Amended Rule 212, adopted September 25, 1990.
    (5) Rule 216, adopted on September 25, 1990.
    (D) Sacramento Metropolitan Air Quality Management District.
    (1) Amended rules 443, adopted September 25, 1990, and 452, adopted 
August 21, 1990.
    (E)(1) [Reserved]
    (2) Rule 316, adopted on July 10, 1990.
    (F) Bay Area Air Quality Management District.
    (1) Amended Regulation 8, Rule 43, adopted on June 20, 1990.
    (2) Regulation 8, Rule 17, adopted on September 5, 1990.
    (G) [Reserved]
    (H) El Dorado County Air Pollution Control District.
    (1) Regulation IX, Rules 900 through 914, adopted September 18, 
1990.

[[Page 214]]

    (2) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rules 900, 901, 902, 
903, and 904 (now replaced by Rule 238).
    (3) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rules 905, 906, 907, 
908, 910, 911, and 912 (now replaced by Rule 244).
    (4) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rule 909 (now replaced 
by a Negative Declaration adopted on April 3, 2001).
    (5) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted without replacement 
Rule 913.
    (6) Previously approved on October 1, 1999 in paragraph 
(c)(183)(i)(H)(1) of this section and now deleted Rule 914 (now replaced 
by Rule 501).
    (184) New and amended regulations for the following APCDs were 
submitted on May 13, 1991, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Amended rule 445, adopted November 6, 1990.
    (2) Amended Rules 442, adopted October 2, 1990, and 446, adopted 
December 4, 1990.
    (3) Previously approved on August 20, 1991 and now deleted without 
replacement Rule 445.
    (B) South Coast Air Quality Management District.
    (1) Rules 1102 and 1102.1, adopted on December 7, 1990.
    (2) Rule 465, adopted on December 7, 1990, and Rule 1123, adopted on 
December 7, 1990.

    Editorial Note: At 57 FR 48459, Oct. 26, 1992, the following 
paragraph (c)(184)(i)(B)(2) was added to Sec. 52.220.
    (2) Rules 1162 and 1173, adopted on December 7, 1990.
    (3) Rules 1153 and 1164, adopted on January 4, 1991, and December 7, 
1990, respectively.
    (4) New Rule 1174, adopted on October 5, 1990.
    (5) Rule 1103, adopted on December 7, 1990.
    (6) Rule 464, adopted on December 7, 1990.
    (7) Rules 201, 203, 205, 209, 214 to 217 amended on January 5, 1990 
and Rule 201.1 adopted on January 5, 1990.
    (8) Rule 208, adopted on January 5, 1990.
    (9) Previously approved on August 11, 1992 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1123.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-37, adopted on October 17, 1990.
    (2) Regulation 6, adopted on December 19, 1990.
    (D) San Diego County Air Pollution Control District.
    (E) Yolo-Solano Air Quality Management District.
    (1) Rule 2.24, adopted on November 14, 1990.
    (F) Tehama County Air Pollution Control District.
    (1) Rule 1.2, adopted April 25, 1989.
    (2) Rule 3.12, adopted on April 25, 1989.
    (185) New and amended regulations for the following APCD's were 
submitted on May 30, 1991, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kern County Air Pollution Control District.
    (1) Rules 410.6 and 410.6A, adopted on May 6, 1991.
    (2) Rule 410.5, adopted on May 6, 1991.
    (3) Rule 410.4A, adopted on May 6, 1991.
    (4) Amended Rule 410.1, adopted on May 6, 1991.
    (5) Amended Rules 414 and 414.1 and New Rule 414.5, adopted on May 
6, 1991.
    (6) Revised Rule 410.4, adopted on May 6, 1991.
    (7) Rule 410.3 and Rule 412, adopted on May 6, 1991.
    (8)  [Reserved]
    (9) Rule 410.7, adopted May 6, 1991.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 67.2, adopted on May 21, 1991.
    (2) Rule 67.7, adopted on May 21, 1991.
    (3) [Reserved]
    (4) Amended Rule 67.16, adopted on May 21, 1991.
    (5) Rule 67.1, adopted on May 21, 1991.
    (C) San Joaquin Valley Unified Air Pollution Control District.

[[Page 215]]

    (1) Rules 467.1 and 467.2, adopted on April 11, 1991.
    (2) Rule 460.2, adopted on April 11, 1991.
    (3) New Rule 460.1, adopted on April 11, 1991.
    (4) New Rules 463.4, 464.1, and 464.2, adopted on April 11, 1991.
    (5) New Rule 461.2, adopted on April 11, 1991.
    (6) Amended Rules 465.3 and 466.1, adopted April 11, 1991.
    (7) Previously approved on April 24, 1992 and now deleted without 
replacement Rule 467.1.
    (D) Placer County Air Pollution Control District.
    (1) Amended Rule 215, adopted on September 25, 1990.
    (186) New and amended regulations for the following APCDs were 
submitted on October 25, 1991, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Amended Rules 447 adopted April 30, 1991.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 468.1, adopted on May 16, 1991.
    (C) South Coast Air Quality Management District.
    (1) Rule 1104, adopted March 1, 1991.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 62.6, adopted on July 16, 1991.
    (2) Rule 103, adopted on June 4, 1991.
    (E) Santa Barbara County Air Pollution Control District.
    (1) Rule 105 adopted on July 30, 1991.
    (F) Northern Sierra Air Pollution Control District.
    (1) Rules 302 to 312, adopted on November 10, 1988.
    (187) New and amended regulations for the following APCDs were 
submitted on January 28, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 463.1, adopted on September 19, 1991.
    (2) Rule 460.2 adopted on September 19, 1991.
    (3) New Rule 463.2, adopted on September 19, 1991.
    (4) New Rule 460.4, adopted on September 19, 1991.
    (5) Rule 461.1 and Rule 465.2, adopted on September 19, 1991.
    (6) Rule 465.1, adopted on September 19, 1991.
    (B) Ventura County Air Pollution Control District.
    (1) New Rule 74.17, adopted on September 17, 1991.
    (2) Rule 74.1, adopted on November 12, 1991.
    (3) New rules 150 to 159 amended on September 17, 1991.
    (4) Rules 26.A (``General''), 26.8 and 26.9 adopted on October 22, 
1991.
    (C) South Coast Air Quality Management District.
    (1) Rule 1142, adopted on June 19, 1991.
    (2) Rule 1135, adopted on July 19, 1991.
    (3) Previously approved on December 13, 1994 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1142.
    (D) San Diego County Air Pollution Control District.
    (1) New rules 127, 128, and 130 amended on September 17, 1991.
    (188) New and amended regulations for the following APCDs were 
submitted on June 19, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 339, adopted on November 5, 1991.
    (2) Rule 331, adopted on December 10, 1991.
    (3) Rule 342, adopted on March 10, 1992.
    (4) Rule 329, adopted on February 25, 1992.
    (B) San Bernardino County Air Pollution Control District.
    (1) Rule 1116, adopted on March 2, 1992.
    (C) South Coast Air Quality Management District.
    (1) Rule 1171, adopted on August 2, 1991.
    (2) Rule 465, amended on November 1, 1991.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.18, adopted on January 28, 1992.

[[Page 216]]

    (2) Rule 74.6, adopted on December 10, 1991.
    (3) Rule 74.3, adopted on December 10, 1991.
    (4) Rule 29 adopted on October 22, 1991.
    (E) [Reserved]
    (F) Sacramento Metropolitan Air Quality Management District.
    (1) Rules 448 and 449 adopted on December 17, 1991.
    (189) New and amended regulations for the following APCDs were 
submitted on September 14, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1115, adopted on March 6, 1992.
    (2) Rule 1126, adopted on March 6, 1992.
    (3) Rule 1128, adopted on February 7, 1992, and Rule 1141, adopted 
on April 3, 1992.
    (4) Rules 1125 and 1136, adopted on August 2, 1991.
    (5) New Rule 1179, adopted March 6, 1992.
    (6) Rule 109 adopted on March 6, 1992, and Rule 1106.1 adopted on 
May 1, 1992.
    (7) Rule 1141.1, adopted on November 4, 1983 and amended on March 6, 
1992.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 71.1 and Rule 71.3, adopted on June 16, 1992.
    (2) Rule 74.10, adopted on June 16, 1992.
    (3) Rule 74.14, adopted on May 26, 1992.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-49, adopted on August 21, 1992.
    (2) Regulation 9 Rule 1, amended on May 20, 1992.
    (190) New and amended regulations for the following APCDs were 
submitted on November 12, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Revised Rule 74.19, adopted August 11, 1992.
    (2) Rule 74.2 revised on August 11, 1992.
    (3) Rule 24 adopted on September 15, 1992.
    (B) Bay Area Air Quality Management District.
    (1) Rule 8-18, adopted on March 4, 1992.
    (191) New and amended regulations for the following APCDs were 
submitted on January 11, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1145, adopted on January 10, 1992.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 346, adopted on October 13, 1992.
    (C) San Bernardino County Air Pollution Control District.
    (1) Rule 463, adopted on November 2, 1992.
    (D) Kern Couny Air Pollution Control District.
    (1) Rule 412.1, adopted on November 9, 1992.
    (192) New and amended regulations for the following APCDs were 
submitted on April 6, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Air Quality Management District.
    (1) Rule 456, adopted on February 23, 1993.
    (2) Rule 454, adopted on February 23, 1993.
    (3) Revised Rule 450, adopted February 23, 1993.
    (193) New and amended regulations for the following APCDs were 
submitted on May 13, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1106, adopted on August 2, 1991; Rule 1107, adopted on 
August 2, 1991; and Rule 1151, adopted on September 6, 1991.
    (2) Rule 1130 adopted on March 6, 1992.
    (3) Rule 1122, adopted on April 5, 1991.
    (B) San Luis Obispo County Air Pollution Control District.
    (1) Rule 417, adopted February 9, 1993.
    (C) Butte County Air Pollution Control District.

[[Page 217]]

    (1) Rule 241, adopted on January 12, 1993.
    (D) Glenn County Air Pollution Control District.
    (1) Section 51, adopted on March 16, 1993.
    (E) Ventura County Air Pollution Control District
    (1) Rule 26.7 adopted on December 22, 1992.
    (194) New and amended regulations for the following APCDs were 
submitted on November 18, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8, 
1993; and Rule 71.4, adopted on June 8, 1993.
    (2) Rule 59, adopted on September 15, 1992.
    (3) Rule 74.15.1, adopted on May 11, 1993.
    (4) Rule 74.21, adopted on April 6, 1993.
    (5) Rule 74.20, adopted on June 8, 1993.
    (B) Kern County Air Pollution Control District.
    (1) Rule 410.4, adopted on July 12, 1993.
    (2) Rule 425, adopted on August 16, 1993.
    (3) Previously submitted to EPA on June 28, 1982 and approved in the 
Federal Register on May 3, 1984 and now removed without replacement, 
Rule 425.
    (4) Rule 424 adopted on April 19, 1993.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4603, adopted on May 20, 1993.
    (2) Rule 4621, adopted on May 20, 1993.
    (3) Rule 4802, adopted on May 21, 1992, and amended on December 17, 
1992.
    (4) Rules 2031, 2070, 2080, and 2092 adopted on May 21, 1992 and 
amended on December 17, 1992.
    (5) Rule 4201, adopted on December 17, 1992.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Rule 349, adopted on April 27, 1993.
    (E) San Diego County Air Pollution Control District.
    (1) Rule 67.12, adopted on April 6, 1993.
    (2) Amended Rule 19, adopted April 6, 1993.
    (F) Monterey Bay Unified Air Pollution Control District
    (1) Rule 417, Rule 418, and Rule 427, adopted on August 25, 1993.
    (2) Rule 425, adopted on August 25, 1993.
    (3) Rule 420 and Rule 426, adopted on August 25, 1993.
    (4) Previously submitted to EPA on February 6, 1975 and approved in 
the Federal Register on July 13, 1987 and now removed without 
replacement, Rule 428.
    (5) Rule 300--Regulation 3, Part 4, Paragraph 4.4 adopted on June 9, 
1993.
    (G) Mendocino County Air Quality Management District.
    (1) Rule 130 (p6), (t2), and (t3) adopted April 6, 1993.
    (2) Rule 400(b) adopted on April 6, 1993.
    (H) South Coast Air Quality Management District.
    (1) Rule 403.1, adopted on January 15, 1993.
    (195) New and amended regulations for the following APCDs were 
submitted on February 11, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego Air Pollution Control District.
    (1) Rule 67.17, adopted on September 21, 1993.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.22, adopted on November 9, 1993.
    (2) Rule 59, adopted on October 12, 1993.
    (196) New and amended regulations for the following APCDs were 
submitted on March 29, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Sacramento Metropolitan AQMD rules 442, 443, 446, 447, and 452 
adopted on November 16, 1993.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.9, adopted on December 21, 1993.
    (2) Rule 15.1 adopted on October 12, 1993.
    (C) Santa Barbara County Air Pollution Control District.

[[Page 218]]

    (1) Rule 316, adopted on December 14, 1993.
    (2) Rules 325 & 326, adopted on January 25, 1994 and December 14, 
1993, respectively.
    (3) Rule 343, adopted on December 14, 1993.
    (D) Yolo-Solano Air Quality Management District.
    (1) Rule 3.2, adopted on August 25, 1993; and rules 3.14 and 3.15, 
adopted on September 22, 1993.
    (E) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 213, amended on February 16, 1994.
    (F) [Reserved]
    (4) Rule 401, adopted on April 18, 1972 and amended on November 29, 
1993.
    (197) New and amended regulations for the following APCDs were 
submitted on May 24, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1162, 1173, 1175 and 1176, adopted on May 13, 1994.
    (2) Rule 463, adopted on March 11, 1994.
    (B) Bay Area Air Quality Management District.
    (1) Rule 8-6, adopted on February 2, 1994. Rule 8-5, adopted on 
January 20, 1993.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4622, adopted on February 17, 1994.
    (2) Rule 4681, adopted on December 16, 1993.
    (3) Rules 4302 and 4303, adopted on May 21, 1992 and amended on 
December 16, 1993.
    (4) Rule 4103, adopted on December 16, 1993.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.24, adopted on March 8, 1994.
    (2) Rule 56, adopted on October 22, 1968, as amended on March 29, 
1994.
    (E) El Dorado County Air Pollution Control District.
    (1) Rules 501, 523, 524, and 525 adopted on April 26, 1994.
    (198) New and amended regulations for the following APCDs were 
submitted on July 13, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Revised Rule 8-8, adopted on June 15, 1994.
    (B) Placer County Air Pollution Control District.
    (1) Rule 230, adopted on June 28, 1994.
    (2) Rule 229, adopted on June 28, 1994.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4407, adopted on May 19, 1994.
    (2) Rule 4682 adopted on June 16, 1994 and Rule 4684 adopted on May 
19, 1994.
    (3) Rule 4607, adopted on May 19, 1994.
    (D) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 458, adopted on June 7, 1994.
    (E) Mojave Desert Air Quality Management District.
    (1) Rules 461 and 462, adopted on May 25, 1994.
    (2) Rule 1117 adopted June 22, 1994.
    (F) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 430, adopted on May 25, 1994.
    (2) Rule 416, adopted April 20, 1994.
    (G)  [Reserved]
    (H) South Coast Air Quality Management District.
    (1) Rule 1146 and Rule 1146.1, adopted May 13, 1994.
    (I) San Diego County Air Pollution Control District.
    (1) Rule 67.10, adopted on June 15, 1994.
    (2) Rule 60 adopted on May 17, 1994.
    (J) Ventura County Air Pollution Control District.
    (1) Rule 74.28, adopted on May 10, 1994.
    (2) Rule 74.30 adopted May 17, 1994.
    (3) Rule 64, amended June 14, 1994.
    (4) Rule 54, amended on June 14, 1994.
    (K) Santa Barbara County Air Pollution Control District.
    (1) Rule 354, adopted June 28, 1994.
    (2) Rule 359, adopted on June 28, 1994.
    (199) New and amended regulations for the following APCDs were 
submitted on September 28, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Regulation 8, Rules 11 and 16 adopted on June 15, 1994, and 
Regulation 8, Rule 28 adopted on June 1, 1994.

[[Page 219]]

    (2) Regulation 8, Rules 14 and 43 adopted on June 1, 1994, and 
regulation 8, Rules 13, 23, 47 adopted on June 15, 1994.
    (3) Rules 8-25 and 8-42, adopted on June 1, 1994 and Rule 8-50, 
adopted on June 15, 1994.
    (4) Rule 8-22, adopted on June 1, 1994.
    (5) Rules 8-29, 8-33, and 8-39, adopted on June 1, 1994, and Rules 
8-19 and 8-38, adopted on June 15, 1994.
    (6) Rules 8-4, 8-7, 8-15, 8-31, and 8-41 adopted on June 1, 1994. 
Rules 8-1, 8-2, 8-12, 8-20, 8-24, 8-30, 8-34, 8-35, and 8-40 adopted on 
June 15, 1994. Rule 8-32 adopted on July 6, 1994.
    (7) [Reserved]
    (8) Regulation 2, Rule 2 and Rule 4 adopted on June 15, 1994.
    (B) San Luis Obispo County Air Pollution Control District.
    (1) Rule 419, adopted July 12, 1994.
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rules 433 and 434, adopted June 15, 1994.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4352, adopted on September 14, 1994.
    (2) Rule 4354, adopted on September 14, 1994.
    (3) Rules 6010, 6020, 6040, 6050, 6060, 6070, 6080, 6081, 6090, 
6100, 6110, 6120, 6130, 6140, and 6150 were adopted on May 21, 1992; 
amended on December 17, 1992.
    (4) Rule 4301, adopted on May 21, 1992, as amended on December 17, 
1992.
    (5) Rule 1010 adopted on June 18, 1992 and Rule 1130 adopted on June 
18, 1992 and amended on December 17, 1992.
    (6) Rules 1110, 1140, 1150, 2010, and 2040 amended on December 17, 
1992.
    (7) Rule 4202, adopted on December 17, 1992.
    (E) Yolo-Solano Air Quality Management District.
    (1) Rule 2.34, adopted on July 13, 1994.
    (2) Rule 2.32 adopted on August 10, 1994.
    (200) Program elements were submitted on November 13, 1992 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on October 15, 1992.
    (201) A plan for the following agency was submitted on November 7, 
1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) California's Opt-out Program, Executive Order G-125-145, dated 
November 7, 1994.
    (202) New and amended regulations for the following APCDs were 
submitted on October 19, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 2-1, adopted on June 15, 1994.
    (B) Kern County Air Pollution Control District.
    (1) Rule 425.3, adopted on October 13, 1994.
    (2) Rule 425.1 adopted on October 13, 1994.
    (C) San Diego County Air Pollution Control District. (1) Rule 67.4, 
adopted on September 27, 1994.
    (2) Rule 67.16, adopted on September 20, 1994.
    (3) Rule 69.2, adopted on September 27, 1994.
    (4) Rule 68, adopted on September 20, 1994.
    (5) Rule 69.4, adopted on September 27, 1994.
    (6) Rule 69.3, adopted on September 27, 1994.
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 464, adopted August 24, 1994.
    (E) Placer County Air Pollution Control District.
    (1) Rule 250, adopted on October 17, 1994.
    (2) Rule 233, adopted on October 6, 1994.
    (F) Yolo-Solano Air Quality Management District.
    (1) Rule 3.1, adopted on February 23, 1994.
    (203) New and amended regulations for the following APCDs were 
submitted on October 20, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) El Dorado County Air Pollution Control District.
    (1) Rule 233 adopted on October 18, 1994.
    (2) Rule 229 adopted on September 27, 1994.

[[Page 220]]

    (204) New and amended plans and regulations for the following 
agencies were submitted on November 15, 1994, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) Title 17, California Code of Regulations, Subchapter 8.5, 
Consumer Products, Article 1, Antiperspirants and Deodorants, Sections 
94500-94506.5 and Article 2, Consumer Products, Sections 94507-94517, 
adopted on December 27, 1990, August 14, 1991, and September 21, 1992.
    (2) Title 13, California Code of Regulations, Diesel Fuel 
Regulations, Sections 2281-2282, adopted on August 22, 1989, June 21, 
1990, April 15, 1991, October 15, 1993, and August 24, 1994.
    (3) Title 13, California Code of Regulations, Reformulated Gasoline 
Regulations, Sections 2250, 2252, 2253.4, 2254, 2257, 2260, 2261, 
2262.1, 2262.2, 2262.3, 2262.4, 2262.5, 2262.6, 2262.7, 2263, 2264, 
2266-2272, and 2296, 2297, adopted on April 1, 1991, May 23, 1991, and 
September 18, 1992.
    (4) Long Term Measures, Improved Control Technology for Light-Duty 
Vehicles (Measure M2), Off-Road Industrial Equipment (Diesel), Consumer 
Products Long-Term Program (Measure CP4), and Additional Measures 
(Possible Market-Incentive Measures and Possible Operational Measures 
Applicable to Heavy-Duty Vehicles), as contained in ``The California 
State Implementation Plan for Ozone, Volume II: The Air Resources 
Board's Mobile Source and Consumer Products Elements,'' adopted on 
November 15, 1994.
    (5) Mid-Term Measures, Accelerated Ultra-Low Emission Vehicle (ULEV) 
requirement for Medium-Duty Vehicles (Measure M3), Heavy-Duty Vehicles 
NOX regulations (Measure M5), Heavy-Duty Gasoline Vehicles 
lower emission standards (Measure M8), Industrial Equipment, Gas & LPG--
3-way catalyst technology (Measure M11), Mid-Term Consumer Products 
(Measure CP-2), as contained in The California State Implementation Plan 
for Ozone, Volume II: The Air Resources Board's Mobile Source and 
Consumer Products Elements, adopted on Nov. 15, 1994.
    (6) State control measures: Accelerated Retirement of LDV's (Measure 
M1), Early Introduction of 2g/bhp-hr Heavy Duty Diesel Vehicles (Measure 
M4), Accelerated Retirement of Heavy-Duty Vehicles (Measure M7), Aerosol 
Paints (Measure CP3), and California Department of Pesticide 
Regulation's Pesticide Plan, as contained in ``The California State 
Implementation Plan for Ozone, Volume II: The Air Resources Board's 
Mobile Source and Consumer Products Elements,'' adopted on November 15, 
1994, and tables of local agency control measures and revisions to local 
Rate-of-Progress plan elements as contained in ``The California State 
Implementation Plan for Ozone, Volume IV: ``Local Plans,'' adopted on 
November 15, 1994.
    (B) South Coast Air Quality Management District.
    (1) Long Term Measures, Advance Technology for Coating Technologies 
(Measure ADV-CTS-01), Advance Technology for Fugitives (Measure ADV-
FUG), Advance Technologies for Process Related Emissions (Measure ADV-
PRC), Advance Technologies for Unspecified Stationary Sources (Measure 
ADV-UNSP), and Advance Technology for Coating Technologies (Measure ADV-
CTS-02), as contained in the ``1994 Air Quality Management Plan,'' 
adopted on September 9, 1994.
    (2) Control measures, emissions inventory, modeling, and ozone 
attainment demonstration, as contained in ``1994 Air Quality Management 
Plan,'' adopted on September 9, 1994.
    (C) San Diego Air Pollution Control District.
    (1) Emissions inventory, 15% Rate-of-Progress plan, Post-1996 Rate-
of-Progress plan, modeling, and ozone attainment demonstration, as 
contained in ``1994 Ozone Attainment and Rate-of-Progress Plans for San 
Diego County,'' adopted on November 1, 1994.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Control measures, emissions inventory, 15% Rate-of-Progress 
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment 
demonstration, as contained in ``San Joaquin Valley Attainment and Rate-
of-Progress Plans,'' adopted on November 14, 1994.
    (E) Ventura County Air Pollution Control District.

[[Page 221]]

    (1) Control measures, emissions inventory, 15% Rate-of-Progress 
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment 
demonstration, as contained in ``1994 Air Quality Management Plan for 
Ventura County,'' adopted on November 8, 1994.
    (F) Mojave Desert Air Quality Management District.
    (1) Control measures, emissions inventory, modeling, and ozone 
attainment demonstration, as contained in ``Rate-of-Progress and 
Attainment Demonstration Plans for the Mojave Desert,'' adopted on 
October 26, 1994.
    (205) New and amended plans for the following APCDs were submitted 
on December 28, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kern County Air Pollution Control District.
    (1) Emissions inventory, modeling, and ozone attainment 
demonstration, as contained in ``Rate-of-Progress and Attainment 
Demonstration Plans for the Kern County Air Pollution Control 
District,'' adopted on December 1, 1994.
    (B) Bay Area Air Quality Management District.
    (1) Amendments to the San Francisco Bay Area Redesignation Request 
and Maintenance Plan for the National Ozone Standard and 1990 Emissions 
Inventory adopted on September 7, 1994 by the Bay Area Air Quality 
Management District, October 5, 1994 by the Metropolitan Transportation 
Commission, and August 24, 1994 by the Association of Bay Area 
Governments.
    (2) Federal General Conformity Regulation, adopted on September 7, 
1994.
    (206) Amended rule for the following APCD was submitted on November 
23, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Rule 67.3, adopted on November 1, 1994.
    (207) New and amended regulations for the following APCDs were 
submitted on November 30, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Placer County Air Pollution Control District.
    (1) Rule 223, adopted on October 6, 1994.
    (2) Rules 101, 102, 103, 201, 202, 203, 204, 208, 209, 210, 211, 
213, 214, 217, 219, 220, 221, 222, 225, 226, 228, 406, 407, and 408, 
adopted on October 19, 1993; deletion of 104 for Lake Tahoe Air Basin 
and Mountain Counties Air Basin submitted on 08/21/ 79 and 10/15/79, 
respectively.
    (B) El Dorado County Air Pollution Control District.
    (1) Rule 224, adopted on September 27, 1994.
    (2) Rule 231, adopted September 27, 1994.
    (3) Rule 215, adopted on September 27, 1994.
    (4) Rules 225 and 230 adopted September 27, 1994.
    (5) Rule 502, adopted on November 8, 1994.
    (C) Yolo-Solano Air Quality Management District.
    (1) Rule 2.21, adopted on March 23, 1994.
    (2) Rule 2.28, adopted on May 25, 1994.
    (3) Rules 2.25 and 2.33, adopted April 27, 1994 and September 14, 
1994, respectively.
    (4) Rule 2.13 adopted May 25, 1994.
    (5) Rule 2.35, adopted on September 14, 1994.
    (6) Rule 2.29, adopted on May 25, 1994.
    (7) Rule 2.31, adopted on April 27, 1994.
    (8) Rule 2.23 adopted on March 23, 1994.
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 1102, adopted October 26, 1994.
    (2) Rule 1104 adopted September 28, 1994.
    (3) Rule 1157 and Rule 1160, adopted on October 26, 1994.
    (E) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 419, adopted on November 23, 1994.
    (2) Appendix G General Conformity, adopted on October 19, 1994.
    (F) Great Basin Unified Air Pollution Control District.
    (1) Regulation XIII, adopted on October 5, 1994.
    (G) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 9110, adopted on October 20, 1994.
    (H) Santa Barbara County Air Pollution Control District.

[[Page 222]]

    (1) Rule 702, adopted on October 20, 1994.
    (I) South Coast Air Quality Management District.
    (1) Rule 1901, adopted on September 9, 1994.
    (208) New and amended regulations for the following APCDs were 
submitted on December 19, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Placer County Air Pollution Control District.
    (1) Rule 410, adopted on November 3, 1994.
    (2) Rule 212, adopted on November 3, 1994.
    (209) Redesignation Request and Ozone Maintenance Plan for the 
redesignation of the Monterey Bay Unified Air Pollution Control District 
submitted on July 14, 1994 and November 14, 1994, respectively, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Maintenance Plan for the redesignation of the Monterey Bay Area 
adopted on October 19, 1994 by the Monterey Bay Unified Air Pollution 
Control District, October 12, 1994 by the Association of Monterey Bay 
Area Governments, and October 6, 1994 by the Council of San Benito 
County Governments.
    (210) New and amended regulations for the following APCDs were 
submitted on December 22, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 8-45, adopted on November 2, 1994.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 67.18, adopted on December 13, 1994.
    (C) Mojave Desert Air Quality Management District.
    (1) Rule 1103, adopted on December 21, 1994.
    (2) Rule 471, adopted on December 21, 1994.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 1002, adopted on November 23, 1994.
    (E) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4651, adopted on December 17, 1992.
    (F) Feather River Air Quality Management District.
    (1) Rule 10.4, adopted on November 7, 1994.
    (G) Placer County Air Pollution Control District.
    (1) Rule 508, adopted on November 3, 1994.
    (H) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 104, adopted on November 3, 1994.
    (211) Revised Clean Air Plans for ozone for the following APCDs 
submitted on November 14, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara Air Pollution Control District
    (1) TCM-5, Improve Commuter Public Transit Service, adopted on 
November 2, 1994
    (2) Emissions inventory, 15% Rate-of-Progress plan, and control 
measures, as contrained in ``1994 Clean Air Plan for Santa Barbara 
County,'' adopted on November 2, 1994.
    (212) Ozone redesignation request for the Bay Area Air Quality 
Management District submitted on November 5, 1993, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Redesignation request for the San Francisco Bay Area and the 
Ozone Maintenance Plan for the National Ozone Standard adopted on 
September 1, 1993 by the Bay Area Air Quality Management District, 
September 22, 1993 by the Metropolitan Transportation Commission, and 
September 16, 1993 by the Association of Bay Area Governments.
    (213) California Statewide emission inventory submitted on March 30, 
1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) 1990 Base-Year Emission Inventory for Ozone Nonattainment Areas 
in California.
    (i) Sacramento, San Diego, San Joaquin Valley, South Coast, 
Southeast desert, Ventura.
    (ii) Santa Barbara.
    (iii) Monterey Bay Area.

[[Page 223]]

    (214) New and amended regulations for the following APCDs were 
submitted on January 24, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1151, adopted on December 9, 1994.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 61.1 adopted on January 10, 1995.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 337, adopted October 20, 1994.
    (2) Rule 344, adopted on November 10, 1994.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.15, adopted on November 8, 1994.
    (2) Rule 74.26 and Rule 74.27, adopted on November 8, 1994.
    (E) Placer County Air Pollution Control District.
    (1) Rule 215, adopted on November 3, 1994.
    (215) New and amended regulations for the following APCDs were 
submitted on February 24, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1125 and 1126, adopted on January 13, 1995.
    (2) Rule 1153 adopted on January 13, 1995.
    (3) Rule 1106, adopted on January 13, 1995.
    (4) Rule 1164, adopted on January 13, 1995.
    (5) Rule 1124, adopted January 13, 1995.
    (6) Previously approved on July 14, 1995 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1106.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 74.12 adopted on January 10, 1995.
    (2) Rule 71 and Rule 71.5, adopted on December 13, 1994.
    (3) Rule 74.18 adopted December 13, 1994.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4403, adopted on February 16, 1995.
    (D) Yolo-Solano Air Pollution Control District.
    (1) Rule 2.26 adopted November 9, 1994.
    (2) Rule 2.37 adopted on November 9, 1994.
    (E) Imperial County Air Pollution Control District.
    (1) Rule 925, adopted on November 29, 1994.
    (F) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 421 adopted on December 21, 1994.
    (216) New and amended regulations for the following APCDs were 
submitted on March 31, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rule 1116, adopted on February 22, 1995.
    (2) Rule 221, adopted December 21, 1994.
    (3) Rule 1159, adopted on February 22, 1995.
    (4) Rule 1114 adopted February 22, 1995.
    (B) Bay Area Air Quality Management District.
    (1) Amended Regulation 2, Rule 1, Section 129 adopted on February 1, 
1995; Amended Regulation 2, Rule 6, Sections 232, 234, 310, 311, 403, 
404, 420, 421, 422, 423 adopted on February 1, 1995.
    (217) New and amended regulations for the following APCDs were 
submitted on February 28, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Amended Regulation 2, Rule 1, Sections 102, 129, 204, 213, 214, 
215, 216, 217, 218, 219, 302, 408, 411 adopted November 3, 1993; and New 
Regulation 2, Rule 6, Sections 206, 207, 210, 212, 213, 214, 218, 222, 
230, 231, 301, 311, 401, 402, 403, 404, 420, 421, 422, 602 adopted 
November 3, 1993.
    (B) Lake County Air Pollution Control District.
    (1) New Regulation 12, section 12.200 (a4), (c2), (d1), (d2), (d3), 
(e3), (f1), (f2),

[[Page 224]]

(m1), (o1), (p1), (p2), (s3), and sections 12.800-12.850, adopted 
October 19, 1993.
    (C) South Coast Air Quality Management District.
    (1) Rules 204, 206, and 210 amended on October 8, 1993.
    (218) New and amended regulations for the Bay Area Air Quality 
Management District were submitted on April 29, 1994 by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) New Regulation 2, Rule 6, Sections 310 and 423 adopted November 
3, 1993.
    (219) New and amended regulations for the following APCDs were 
submitted on April 13, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 339, adopted December 15, 1994.
    (220) New and amended regulations for the following APCDs were 
submitted on May 24, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 323, adopted March 16, 1995.
    (B) Placer County Air Pollution Control District.
    (1) Rule 218, adopted on February 9, 1995.
    (2) Rule 236 adopted on February 9, 1995.
    (3) Rule 244, adopted on February 9, 1995.
    (C) South Coast Air Quality Management District.
    (1) Rule 1121, adopted on March 10, 1995.
    (D) San Diego County Air Pollution Control District.
    (1) Rule 1501, adopted on March 7, 1995.
    (221) New and amended regulations for the following APCDs were 
submitted on May 25, 1995 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kern County Air Pollution Control District.
    (1) Rule 411 and Rule 413, adopted on April 6, 1995.
    (2) Rule 410.4, adopted on April 6, 1995.
    (3) Rule 425.2, adopted on April 6, 1995.
    (B) Butte County Air Quality Management District.
    (1) Rule 1103, adopted on February 16, 1995.
    (222) New and amended regulations for the following APCDs were 
submitted on June 16, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1107, 1115, and 1171 adopted on May 12, 1995.
    (2) Previously approved on July 14, 1995 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1115.
    (B) El Dorado County Air Pollution Control District.
    (1) Rule 234, adopted on April 25, 1995.
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 411, adopted on February 2, 1995.
    (2) Rule 413, adopted on April 6, 1995.
    (3) Rule 412, adopted on June 1, 1995.
    (D) San Diego County Air Pollution Control District.
    (1) Rule 67.24, adopted on March 7, 1995.
    (E) Butte County Air Quality Management District.
    (1) Rule 403, adopted on November 9, 1993.
    (223) Revised ozone transportation control measure (TCM) for the San 
Joaquin Valley submitted on March 2, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Railroad Grade Separations TCM, adopted on September 14, 1994.
    (224) New and amended regulations for the following APCDs were 
submitted on August 10, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 448 and rule 449, adopted on February 2, 1995.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 70, adopted on May 9, 1995.
    (2) Rule 220, adopted on May 9, 1995.
    (3) Rule 74.5.2, adopted on May 5, 1995.

[[Page 225]]

    (C) Mojave Desert Air Quality Management District.
    (1) Rules 1400, 1401, 1402, 1404. Adopted on June 28, 1995.
    (2) Rule 103 amended on June 28, 1995.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 436, adopted on May 17, 1995.
    (E) Santa Barbara County Air Pollution Control District.
    (1) Amended Rule 370 adopted on June 15, 1995.
    (225) New and amended regulations for the following APCDs were 
submitted on October 13, 1995 by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1130 and 1136 adopted September 8, 1995.
    (2) Rule 462, revised on June 9, 1995.
    (3) Rule 1166, adopted on July 14, 1995.
    (4) Rule 1149, adopted on December 4, 1987 and amended on July 14, 
1995.
    (B) Placer County Air Pollution Control District.
    (1) Rule 238, adopted June 8, 1995.
    (2) Rule 212, adopted on June 8, 1995.
    (3) Rule 239, revised June 8, 1995.
    (4) Rule 235, adopted on June 8, 1995.
    (5) Rule 216 adopted on June 8, 1995.
    (C) El Dorado County Air Pollution Control District.
    (1) Rules 236 and 237, adopted on July 25, 1995 and June 27, 1995, 
respectively.
    (2) Rule 235 adopted on June 27, 1995.
    (3) Rule 520 adopted on June 27, 1995.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4602, adopted June 15, 1995.
    (E) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 431, adopted on August 16, 1995.
    (F)(1) Rule 330, adopted on April 21, 1995.
    (G) Ventura County Air Pollution Control District.
    (1) Rule 74.15.1 revised on June 13, 1995.
    (2) Rules 10, 11, 12, 13, 14, 15 and 16 adopted on June 13, 1995.
    (226) Air Quality Management Plan for the following APCD was 
submitted on September 11, 1991, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Air Quality Management Plan for the Mammoth Lakes PM-10 Planning 
Area adopted December 12, 1990.
    (227) New regulation for the following APCD was submitted on October 
18, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 2530, adopted on June 15, 1995.
    (228) Air Quality Management Plans for the following APCD were 
submitted on January 9, 1992, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Great Basin Unified Air Pollution Control District.
    (1) Revisions to the Air Quality Management Plan for Mammoth Lakes 
PM-10 Planning Area adopted November 6, 1991.
    (i) Rule 431 adopted November 6, 1991.
    (ii) Town of Mammoth Lakes Municipal Code Chapter 8.30 dated October 
2, 1991.
    (229) New and amended regulations for the following APCDs were 
submitted on January 31, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 461, adopted on September 8, 1995.
    (2) Rule 701, adopted on September 9, 1995.
    (230) New and amended regulations for the following APCDs were 
submitted on March 26, 1996, by the Governors designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 74.7, adopted on October 10, 1995.
    (2) Rule 74.23, adopted on October 10, 1995.
    (3) Rule 74.29, adopted on October 10, 1995.
    (B) South Coast Air Quality Management District.
    (1) Rule 1134, adopted on December 7, 1995.
    (2) Rule 102 amended on November 17, 1995.
    (C) Kern County Air Pollution Control District.

[[Page 226]]

    (1) Rule 427, adopted on January 25, 1996.
    (2) Rule 427 adopted on July 2, 1998.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4352, amended on October 19, 1995.
    (2) Rule 4304 adopted on October 19, 1995.
    (3) Rule 4351 adopted on October 19, 1995.
    (E) Butte County Air Quality Management District.
    (1) Rule 422, adopted on September 18, 1990.
    (231) New and amended regulations for the following APCDs were 
submitted on May 10, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Monterey Bay Unified APCD.
    (1) Rules 207 and 215, adopted on March 20, 1996.
    (B) Kern County Air Pollution Control District.
    (1) Rule 102 and Rule 410.3, adopted on March 7, 1996.
    (2) Rule 410.1, Rule 410.5, Rule 411, and Rule 414.5 amended on 
March 7, 1996.
    (3) Rule 414, adopted on March 7, 1996.
    (4) Rule 410.4A, adopted on May 6, 1991 and amended on March 7, 1996 
and Rule 410.7, adopted on June 29, 1981 and amended on March 7, 1996.
    (5) [Reserved]
    (6) Rule 410.4, adopted on June 26, 1979 and amended on March 7, 
1996.
    (7) Rules 413 adopted on April 18, 1972 and Rule 414.1 adopted on 
January 9, 1979, both amended on March 7, 1996.
    (C) Mojave Desert Air Quality Management District.
    (1) Rule 2002, adopted on October 26, 1994.
    (D) Butte County Air Quality Management District.
    (1) Rule 1105, adopted on February 15, 1996.
    (232) New regulations for the following APCD were submitted on March 
21, 1994, by the Governor's designee:
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Regulation XX, adopted October 15, 1993.
    (2) Previously approved on November 8, 1996 now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District, Regulation XX.
    (233) New and amended plans for the following agencies were 
submitted on December 29, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) 15% Rate-of-Progress plan and Post-1996 Rate-of-Progress plan 
for the Los Angeles-South Coast Air Basin Area, as contained in the 
``Rate-of-Progress Plan Revision: South Coast Air Basin & Antelope 
Valley & Coachella/San Jacinto Planning Area,'' adopted on December 9, 
1994.
    (B) Sacramento Metropolitan Air Quality Management District.
    (1) Emissions inventory, Post-1996 Rate-of-Progress plan, modeling, 
and ozone attainment demonstration, as contained in ``Sacramento Area 
Attainment and Rate-of-Progress Plans,'' adopted by Sacramento 
Metropolitan Air Quality Management District on December 1, 1994; by 
Feather River Air Quality Management District on December 12, 1994; by 
El Dorado County Air Pollution Control District on December 13, 1994; by 
Yolo-Solano Air Pollution Control District on December 14, 1994; and by 
Placer County Air Pollution Control District on December 20, 1994.
    (234) The California Vehicle Inspection and Maintenance Program was 
submitted on January 22, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) Motor Vehicle Inspection and Maintenance Program adopted on 
January 22, 1996.
    (i) Health and Safety Code: Division 26, Part 5 Sec. 39032.5; Chapter 
5. Motor Vehicle Inspection Program, Article 1, Article 2, Article 3, 
Article 4, Article 5, Article 6, Article 7, Article 8, Article 9.
    (ii) Business and Professions Code, Chapter 20.3, Automotive Repair, 
Article 4, Sec. 9886, Sec. 9886.1, Sec. 9886.2, Sec. 9886.4.
    (iii) Vehicle Code Sec. 4000.1, Sec. 4000.2, Sec. 4000.3, Sec. 4000.6.
    (iv) Title 16, California Code or Regulations, Division 33, Bureau 
of Automotive Repair, Article 5.5, Motor Vehicle Inspection Program, Sec. 
3340.1, Sec. 3340.5,

[[Page 227]]

Sec. 3340.6, Sec. 3340.10, Sec. 3340.15, Sec. 3340.16, Sec. 3340.16.5, Sec. 3340.16.6, Sec. 
3340.17, Sec. 3340.18, Sec. 3340.22, Sec. 3340.22.1, Sec. 3340.22.2, Sec. 3340.22.3, Sec. 
3340.23, Sec. 3340.24, Sec. 3340.28, Sec. 3340.29, Sec. 3340.30, Sec. 3340.31, Sec. 
3340.32, Sec. 3340.32.1, Sec. 3340.33, Sec. 3340.33.1, Sec. 3340.35, Sec. 3340.35, Sec. 
3340.36, Sec. 3340.41, Sec. 3340.41.3, Sec. 3340.41.5, Sec. 3340.42, Sec. 3340.42.1., Sec. 
3340.50, Sec. 3340.50.1, Sec. 3340.50.3, Sec. 3340.50.4, Sec. 3340.50.5.
    (235) New and amended regulations for the following APCD were 
submitted on December 10, 1993, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4901, adopted on July 15, 1993.
    (236) New and amended plans for the following agencies were 
submitted on June 13, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) Letter dated June 13, 1996, from James D. Boyd to David 
Howekamp, including ``Corrections to State and Local Measures'' 
(Attachment A) and ``Summary Emission Reduction Spreadsheets'' 
(Attachment C).
    (237) New and amended plans for the following agencies were 
submitted on July 10, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Revised rule adoption schedule, adopted on April 12, 1996.
    (238) New and amended plans for the following agencies were 
submitted on July 12, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) ``Revised Rule Adoption and Implementation Schedule'' (Table 4-
2) and ``Architectural Coatings'' (Appendix E-95, Tables E-43 and E-45) 
contained in ``Ventura County 1995 Air Quality Management Plan 
Revision,'' adopted on December 19, 1995.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Post-1996 Rate-of-Progress plan, as contained in ``San Joaquin 
Valley Revised Post-1996 Rate-of-Progress Plans,'' adopted on September 
20, 1995.
    (239) New and amended regulations for the following APCDs were 
submitted on July 23, 1996, by the Governor's designee:
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rules 1300-1306, adopted on March 25, 1996.
    (2) Rule 1115, adopted on March 2, 1992, and amended on April 22, 
1996.
    (B) South Coast Air Quality Management District.
    (1) Rule 1128, adopted on May 4, 1979 and amended on March 8, 1996, 
and Rule 1130, adopted on October 3, 1980 and amended on March 8, 1996.
    (C) Kern County Air Pollution Control District.
    (1) Rules 101, 112, 113, 114, and 115 amended on May 2, 1996.
    (2) Rules 108 and 108.1 adopted on May 2, 1996.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 2 amended on April 9, 1996.
    (E) Bay Area Air Quality Management District.
    (1) Rule 9-7 adopted on September 15, 1993, Rule 9-8 adopted on 
January 20, 1993, Rule 9-9 adopted on September 21, 1994, and Rule 9-12 
adopted on January 19, 1994.
    (2) Rule 8-4, Rule 8-11, Rule 8-12, Rule 8-13, Rule 8-14, Rule 8-19, 
Rule 8-20, Rule 8-23, Rule 8-29, Rule 8-31, Rule 8-32, Rule 8-38, Rule 
8-43, Rule 8-45, Rule 8-50 amended on December 20, 1995.
    (3) Rule 8-3, adopted on March 1, 1978, revised on December 20, 
1995.
    (4) Rule 9-11 amended November 15, 1995.
    (5) Rule 8-26, adopted on May 7, 1980 and amended on December 20, 
1995.
    (6) Rule 9-10 adopted on January 5, 1994.
    (7) Manual of Procedures, volume I, section 5, adopted on September 
16, 1993.
    (F) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rules 8010, 8020, 8030, 8040, 8060, and 8070 adopted on April 
25, 1996.
    (240) New and amended regulations for the following APCD were 
submitted on August 28, 1996 by the Governor's designee.
    (i) Incorporation by reference.

[[Page 228]]

    (A) South Coast Air Quality Management District.
    (1) Rules 212, 1301, 1302, 1309, 1309.1, 1310, and 1313, adopted on 
December 7, 1995, Rule 1303, adopted on May 10, 1996, and Rules 1304 and 
1306, adopted on June 14, 1996.
    (2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2011--Appendix 
A, 2012, 2012--Appendix A, and 2015 adopted on October 15, 1993 and 
amended on December 7, 1995.
    (3) Rule 2012(j)(3)--Testing Guidelines (Protocol) for Alternative 
Nitrogen Oxides Emission Rate Determination at Process Units, dated 
March 31, 1994, adopted on December 7, 1995.
    (4) Rule 2005 adopted on October 15, 1993 and amended on May 10, 
1996.
    (5) Rule 1136 adopted on September 16, 1983 and amended on June 14, 
1996.
    (241) New and amended regulations for the following APCD were 
submitted on October 18, 1996 by the Governor's designee.
    (i) Incorporationed by reference.
    (A) San Diego County Air Pollution Control District.
    (1) Rules 2, Definitions; 67.0, Architectural Coatings; 67.1, 
Alternative Emission Control Plans; 67.2, Dry Cleaning Equipment Using 
Petroleum-Based Solvents; 67.3, Metal Parts and Products Coating 
Operations; 67.5, Paper, Film, and Fabric Coating Operations; 67.7, 
Cutback and Emulsified Asphalts; 67.12, Polyester Resin Operations; 
67.15, Pharmaceutical and Cosmetic Manufacturing Operations; 67.16, 
Graphic Arts Operations; 67.17, Storage of Materials Containing Volatile 
Organic Compounds; 67.18, Marine Coating Operations; and 67.24, Bakery 
Ovens, adopted on May 15, 1996.
    (2) Rule 67.4, revised on May 15, 1996.
    (3) Rule 66, adopted on July 1, 1972, revised on July 25, 1995.
    (4) Rule 19.3 adopted on May 15, 1996.
    (5) Rule 67.19, adopted May 15, 1996.
    (B) Yolo-Solano Air Quality Management District.
    (1) Rule 2.27, revised on August 14, 1996.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.19.1, adopted on June 11, 1996.
    (2) Rules 74.6.1, 74.6.2, and 74.6.3, adopted on July 9, 1996.
    (3) Rule 23 adopted on July 9, 1996.
    (D) Kern County Air Pollution Control District.
    (1) Rules 416 and 417, adopted on April 18, 1972 and amended on July 
11, 1996.
    (242) New and amended regulations for the following APCDs were 
submitted on November 26, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Mojave Desert AQMD.
    (1) Rule 1118, adopted on October 28, 1996.
    (B) South Coast Air Quality Management District.
    (1) Rule 1113, adopted on September 2, 1977 and amended on November 
8, 1996.
    (2) Rule 1176, adopted on November 3, 1989 and amended on September 
13, 1996.
    (243) Transportation Air Quality Conformity Procedures and 
Transportation Conformity Consultation Procedures for the following AQMD 
were submitted on December 16, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) ``The San Francisco Bay Area Transportation Air Quality 
Conformity Procedures,'' which includes sections 93.100-93.104 and 
sections 93.106-93.136, adopted on November 6, 1996.
    (2) ``The San Francisco Bay Area Transportation Air Quality 
Conformity Interagency Consultation Procedures,'' adopted on November 6, 
1996.
    (244) New and amended regulations for the following APCDs were 
submitted on March 3, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 101 revised on November 13, 1996.
    (2) Rule 404, adopted on October 16, 1996.
    (3) Rule 207, amended on December 18, 1996.
    (4) Rule 434, adopted on December 18, 1996.
    (5) Rule 426 revised December 18, 1996.
    (B) San Diego County Air Pollution Control District.
    (1) Amended Rule 10, adopted July 25, 1995.

[[Page 229]]

    (C) Mojave Desert Air Quality Management District.
    (1) Rule 1114 adopted on March 2, 1992 and amended on November 25, 
1996.
    (D) South Coast Air Quality Management District.
    (1) Rule 1130.1, adopted on August 2, 1991 and amended on December 
13, 1996.
    (E) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 6030 adopted on May 21, 1992; amended on November 13, 1996.
    (2) Rule 4305 adopted on December 19, 1996.
    (F) Santa Barbara County Air Pollution Control District.
    (1) Rule 323 revised July 18, 1996.
    (G) Ventura County Air Pollution Control District.
    (1) Rules 74.12, 74.13, 74.18, 74.19, 74.24, and 74.30, amended on 
September 10, 1996.
    (2) Rule 74.20, revised on January 14, 1997.
    (245) New and amended regulations for the following APCDs were 
submitted on March 26, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Yolo-Solano Air Quality Management District.
    (1) Rule 3.4, adopted on December 11, 1996.
    (B) San Diego County Air Pollution Control District.
    (1) Amended Rule 21, adopted November 29, 1994.
    (C) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 430, amended on January 15, 1997.
    (246) New and amended regulations for the following APCDs were 
submitted on October 28, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Northern Sierra Air Quality Management District.
    (1) Rules 101, 202, 203, 204, 206, 207, 208, 209, 210, 221, 222, 
223, 225, 300, 301, 314, 315, and 317, adopted on September 11, 1991, 
Rule 102 adopted on May 11, 1994, Rule 313 adopted on June 10, 1992, and 
Rule 316 adopted on August 14, 1996.
    (2) Rule 211, adopted on September 11, 1991.
    (3) Previously approved on September 16, 1997 in paragraph 
(c)(246)(i)(A)(1) of this section and now deleted without replacement, 
Rule 223.
    (247) New and amended plans for the following agency were submitted 
on February 5, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Carbon monoxide emissions inventory, VMT forecasts and 
commitments to monitor actual VMT levels and revise and replace the VMT 
projections as needed in the future, as contained in the South Coast 
1997 Air Quality Management Plan.
    (2) Nitrogen dioxide attainment plan and maintenance plan, as 
contained in the South Coast 1997 Air Quality Management Plan, adopted 
on November 15, 1996.
    (3) Baseline and projected emissions inventories and ozone 
attainment demonstration, as contained in the South Coast 1997 Air 
Quality Management Plan for ozone.
    (4) Baseline and projected emissions inventories, SCAQMD commitment 
to adopt and implement control measures, reasonable further progress, 
contingency measures, attainment demonstration, PM-10 attainment date 
extension request to December 31, 2006, as contained in the South Coast 
1997 Air Quality Management Plan, with respect to PM-10.
    (5) SCAQMD commitment to adopt and implement control measures, as 
contained in the Coachella Request for Redesignation and Maintenance 
Plan for PM-10.
    (248) New and amended regulations for the following APCDs were 
submitted on August 1, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Diego County Air Pollution Control District
    (1) Rule 67.10 adopted on June 25, 1997.
    (2) Rule 67.9, adopted on April 30, 1997.
    (3) Rules 52, 53, 54, amended on January 27, 1997.
    (B) South Coast AQMD.
    (1) Rule 1124, adopted on December 13, 1996.

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    (2) Rule 403, amended on February 14, 1997, and Rule 1186, adopted 
on February 14, 1997.
    (3) Rule 1145, adopted on July 8, 1983 and amended on February 14, 
1997.
    (C) Placer County Air Pollution Control District.
    (1) Rule 239, adpoted on November 3, 1994 and amended on February 
13, 1997.
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 1157, amended May 19, 1997.
    (E) Ventura County Air Pollution Control District.
    (1) Rule 70 revised on May 13, 1997.
    (F)(1) Regulation 8, Rule 45, adopted on November 6, 1996.
    (249) New and amended regulations for the following APCD's were 
submitted on September 8, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1122, adopted on March 2, 1979 and amended on July 11, 
1997.
    (2) Rule 701, amended on June 13, 1997.
    (B) Kern County Air Pollution Control District.
    (1) Rule 425.2 adopted on October 13, 1994 and amended on July 10, 
1997.
    (250) New regulations for the following APCD were submitted on 
October 31, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 1301 adopted on September 18, 1997.
    (251) New and amended plans for the following agency were submitted 
on November 5, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Commitments to adopt and implement control measures contained in 
the Ventura 1997 Air Quality Management Plan, adopted on October 21, 
1997.
    (252) Air Quality Management Plan for the following APCD was 
submitted on December 28, 1992, by the Governor's designee.
    (i) Incorporation by reference. (A) San Joaquin Valley Unified Air 
Pollution Control District.
    (1) Federal 1992 Air Quality Attainment Plan for Carbon Monoxide and 
Appendices adopted on November 18, 1992.
    (253) Carbon Monoxide Redesignation Request and Maintenance Plan for 
ten federal planning areas submitted on July 3, 1996, by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board. (1) Carbon Monoxide 
Redesignation Request and Maintenance Plan for the following areas: 
Bakersfield Metropolitan Area, Chico Urbanized Area, Fresno Urbanized 
Area, Lake Tahoe North Shore, Lake Tahoe South Shore, Modesto Urbanized 
Area, Sacramento Area, San Diego Area, San Francisco-Oakland-San Jose 
Area, and Stockton Urbanized Area adopted on April 26, 1996.
    (254) New and amended regulations for the following APCDs were 
submitted on March 10, 1998, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District
    (1) Rule 4401 adopted on January 15, 1998.
    (2) Rule 4605, adopted on December 19, 1991 and amended on December 
19, 1996.
    (3) Rules 4602 and 4607, adopted on April 11, 1991 and amended on 
September 17, 1997.
    (4) Rule 4661, adopted on December 17, 1992.
    (5) Rule 4701 adopted on December 19, 1996, and Rule 4703 adopted on 
October 16, 1997.
    (B) Northern Sonoma County Air Pollution Control District.
    (1) Rule 130 amended on July 25, 1995.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 102 amended on April 17, 1998.
    (2) Rule 339, adopted on November 5, 1991 and revised on April 17, 
1997.
    (3) Rule 321, adopted on February 24, 1971 and revised on September 
18, 1997.
    (4) Rule 342 amended on April 17, 1997.
    (5) Rule 316 revised on April 17, 1997.
    (D) South Coast Air Quality Management District.
    (1) Rule 102 amended on June 13, 1997.
    (2) Rule 1151, adopted on July 8, 1988 and amended on June 13, 1997, 
and Rule

[[Page 231]]

1171, adopted on August 2, 1991 and amended on June 13, 1997.
    (3) Rule 1302, amended December 7, 1995.
    (4) Rule 1134 adopted on August 8, 1997.
    (5) Rule 1138, adopted on November 14, 1997.
    (E) Antelope Valley Air Pollution Control District.
    (1) Resolution No. 97-01 dated July 1, 1997.
    (2) Rules 101 and 102 amended on August 19, 1997 and Rule 103 
amended on September 16, 1997.
    (F) Bay Area Air Quality Management District.
    (1) Regulation 5, adopted on November 2, 1994.
    (G) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 431, adopted on December 17, 1997.
    (H) Mojave Desert Air Quality Management District.
    (1) Rules 474, 475, and 476 adopted on August 25, 1997.
    (2) Rule 1158, adopted on February 22, 1995 and amended on August 
25, 1997.
    (I) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 414, adopted August 1, 1996.
    (J) Lake County Air Quality Management District.
    (1) Rule 640, as amended on July 15, 1997; and Rule 1350, adopted on 
October 15, 1996.
    (2) Sections (Rules) 433, adopted on July 15, 1997.
    (K) Ventura County Air Pollution Control District.
    (1) Rule 59, adopted on October 6, 1969 and amended on July 15, 
1997.
    (L) Great Basin Unified Air Pollution Control District.
    (1) Rule 432, adopted on May 8, 1996.
    (255) New and amended regulations for the following APCD's were 
submitted on May 18, 1998, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 450, adopted on July 23, 1981 and amended on December 5, 
1996, and Rule 459, adopted on December 7, 1995 and amended on October 
2, 1997.
    (2) Rules 101, 442, 443, 447, 452, 456, and 458, adopted on 
September 5, 1996.
    (3) Rule 454, adopted on June 5, 1979 and amended on April 3, 1997.
    (4) Rule 413, amended May 1, 1997.
    (5) Rule 449, adopted on April 3, 1997.
    (B) North Coast Unified Air Quality Management District.
    (1) Rule 130 amended September 26, 1997.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 1020, amended December 18, 1997.
    (D) Lake County Air Quality Management District.
    (1) Rule 1002, as amended on March 19, 1996.
    (2) Section (Rule) 439.5, adopted on July 15, 1997.
    (E) Placer County Air Pollution Control District.
    (1) Rule 102, adopted June 19, 1997.
    (F) South Coast Air Quality Management District.
    (1) Rule 1146.2, adopted on January 9, 1998.
    (G) Ventura County Air Pollution Control District.
    (1) Rules 26.1, 26.2, 26.3, 26.4, 26.5, 26.6 and 26.10 adopted on 
January 13, 1998.
    (256) New and amended regulations for the following APCDs were 
submitted on June 23, 1998, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Regulation 1, revised on November 3, 1993.
    (2) Rule 8-51, adopted on November 18, 1992 and amended on January 
7, 1998.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 50, adopted on August 13, 1997.
    (C) Kern County Air Pollution Control District.
    (1) Rule 410.3, adopted on June 26, 1979 and revised on May 7, 1998.
    (2) Rule 409, adopted on April 18, 1972, as amended on May 7, 1998.
    (D) Antelope Valley Air Pollution Control District.
    (1) Rule 701 was amended on January 20, 1998.
    (E) El Dorado County Pollution Control District .
    (1) Rule 239 adopted on March 24, 1998.

[[Page 232]]

    (F) Ventura County Air Pollution Control District.
    (1) Rule 74.10, adopted on September 29, 1981 and amended on March 
10, 1998.
    (G) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 447 amended on April 2, 1998.
    (257) Plan revisions for the Coachella Valley Planning Area were 
submitted on February 16, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Fugitive dust control ordinances for: City of Cathedral City 
Ordinance No. 377, adopted on February 18, 1993; City of Coachella 
Ordinance No. 715, adopted on October 6, 1993; City of Desert Hot 
Springs Ordinance No. 93-2, adopted on May 18, 1993; City of Indian 
Wells Ordinance No. 313, adopted on February 4, 1993; City of Indio 
Ordinance No. 1138, adopted on March 17, 1993; City of La Quinta 
Ordinance No. 219, adopted on December 15, 1992; City of Palm Desert 
Ordinance No. 701, adopted on January 14, 1993; City of Palm Springs 
Ordinance No. 1439, adopted on April 21, 1993; City of Rancho Mirage 
Ordinance No. 575, adopted on August 5, 1993; and County of Riverside 
Ordinance No. 742, adopted on January 4, 1994.
    (258) New and amended regulations for the following APCD's were 
submitted on June 3, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 433, adopted on June 15, 1994 and revised on March 26, 
1997.
    (2) Rule 215, amended on March 26, 1997.
    (3) Rule 425, adopted on March 26, 1997.
    (259) New and amended regulations for the following APCDs were 
submitted on December 3, 1998, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Yolo-Solano Air Quality Management District.
    (1) Rule 10.3, adopted on February 8, 1995.
    (260) New and amended regulations for the following APCDs were 
submitted on October 27, 1998, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 101, amended on September 3, 1998.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 2020 adopted on September 17, 1998.
    (261) New and amended regulations for the following APCDs were 
submitted on January 12, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 101, adopted November 12, 1998.
    (262) New and amended regulations for the following APCDs were 
submitted on February 16, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Regulation 1, adopted on October 7, 1998.
    (B) Ventura County Air Pollution Control District.
    (1) Rule 2, adopted November 10, 1998.
    (2) Rule 74.24.1, adopted on November 10, 1998.
    (3) Rule 74.6, revised on November 10, 1998.
    (C) South Coast Air Quality Management District.
    (1) Rule 1107, adopted on June 1, 1979 and amended on August 14, 
1998.
    (2) Rule 1151, adopted on December 11, 1998.
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4606 adopted on December 19, 1991 and amended on December 
17, 1998.
    (263) New and amended regulations for the following APCDs were 
submitted on May 13, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1103, adopted on March 12, 1999.
    (2) Rule 102 adopted on February 4, 1977 and amended on June 12, 
1998.
    (3) Rules 403 and 1186, amended on December 11, 1998.
    (B) Santa Barbara County Air Pollution Control District.

[[Page 233]]

    (1) Rule 102 adopted on January 21, 1999.
    (2) Rule 351 adopted on August 24, 1993 and amended on August 20, 
1998.
    (C) Sacramento Metropolitan Air Quality Management District.
    (1) [Reserved]
    (2) Rule 464, adopted on July 23, 1998.
    (D) Tehama County Air Pollution Control District.
    (1) Rule 4:31 adopted on March 14, 1995, Rule 4:34 adopted on June 
3, 1997, and Rule 4:37 adopted on April 21, 1998. (EAD)
    (2) Rule 4.14 adopted on November 3, 1998.
    (264) New and amended regulations for the following APCDs were 
submitted on June 3, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 462, adopted on May 14, 1999.
    (2) Rule 1106.1, adopted on May 1, 1992, and amended on February 12, 
1999.
    (B) Yolo-Solano Air Quality Management District.
    (1) Rule 2.30, adopted on April 14, 1999.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 64, adopted on April 13, 1999.
    (2) Rule 103 adopted on February 9, 1999.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 1002, adopted on April 21, 1999.
    (265) New and amended plans for the following agencies were 
submitted on May 20, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) California Air Resources Board.
    (1) Executive Order G-99-037, dated May 20, 1999, State commitment 
to continue working with U.S. EPA and the affected parties to achieve 
the emission reductions identified in the SIP for federal measures, and 
to adopt by December 31, 2000, and submit as a SIP revision, a revised 
attainment demonstration for the federal one-hour ozone standard in the 
South Coast Air Basin, and adopt by December 31, 2001, control measures 
needed to achieve any additional emission reductions which are 
determined to be appropriate for ARB; Attachment A, update to the 1994 
ozone SIP for the South Coast.
    (266) New and amended regulations for the following APCDs were 
submitted on September 29, 1998 by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1168, adopted on April 7, 1989, and amended February 13, 
1998.
    (2) Rule 431.1, adopted on November 4, 1997 and amended on June 12, 
1998.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (2) Rule 4354, adopted on April 16, 1998.

    Editorial Note: At 65 FR 55196, Sept. 13, 2000, paragraph 
(c)(266)(i)(B)(2) was added. However, paragraph (c)(266)(i)(B)(2) 
already exists. The recently added paragraph follows.

    (2) Rule 4653, adopted on March 19, 1998.
    (3) Rule 2201 adopted on August 20, 1998.
    (4) Rule 4642, adopted on April 16, 1998.
    (267) New plan for Owens Valley PM-10 Planning Area for the 
following agency was submitted on December 10, 1998 by the Governor's 
designee.
    (i) Incorporation by reference.
    (A) Great Basin Unified APCD.
    (1) Owens Valley PM-10 Planning Area Demonstration of Attainment 
State Implementation Plan, Section 7-4, Commitment to adopt 2003 SIP 
Revision and Section 8-2, the Board Order adopted on November 16, 1998 
with Exhibit 1.
    (268) New and amended regulations for the following agencies were 
submitted on July 23, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 2005 adopted on April 9, 1999.
    (B) Mojave Desert Air Quality Management District.
    (1) Rule 1116 revised on April 26, 1999.
    (C) Lake County Air Quality Management District.
    (1) Section (Rule) 226.5, adopted on September 13, 1988.
    (269) New and amended regulations for the following APCDs were 
submitted on September 7, 1999, by the Governor's designee.
    (i) Incorporation by reference.

[[Page 234]]

    (A) Kern County Air Pollution Control District.
    (1) Rule 102, adopted on April 18, 1972 and amended on July 1, 1999.
    (B) San Diego County Air Pollution Control District.
    (1) Rule 2, adopted on June 30, 1999.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 1020, adopted on June 18, 1992 and amended on June 17, 
1999.
    (2) Rule 4452 adopted on December 17, 1992.
    (D) South Coast Air Quality Management District.
    (1) Rule 102, adopted on February 4, 1997 and amended on April 9, 
1999.
    (270) New and amended regulations for the following APCDs were 
submitted on October 29, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 37 adopted September 14, 1999.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 207, amended on September 15, 1999.
    (C) South Coast Air Quality Management District.
    (1) Amended Rule 465, adopted on August 13, 1999.
    (2) Rule 1104 adopted on April 7, 1978 and amended on August 13, 
1999.
    (3) Rule 1158, adopted on June 11, 1999.
    (D) Santa Barbara County Air Pollution Control District.
    (1) Rule 353, adopted on August 19, 1999.
    (E) Antelope Valley Air Pollution Control District.
    (1) Rule 1151 adopted on July 20, 1999.
    (271) New and amended regulations for the following agencies were 
submitted on August 22, 1997, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 2002 adopted on February 14, 1997.
    (272) New and amended plan for the following agency was submitted on 
February 4, 2000, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) SCAQMD commitment to adopt and implement short- and 
intermediate-term control measures; SCAQMD commitment to adopt and 
implement long-term control measures; SCAQMD commitment to achieve 
overall emissions reductions for the years 1999-2008; SCAQMD commitment 
to implement those measures that had been adopted in regulatory form 
between November 1994 and September 1999; rate-of-progress plan for the 
1999, 2002, 2005, 2008, and 2010 milestone years; amendment to the 
attainment demonstration in the 1997 Air Quality Management Plan for 
ozone; and motor vehicle emissions budgets for purposes of 
transportation conformity, as contained in the 1999 Amendment to the 
South Coast 1997 Air Quality Management Plan.
    (2) SCAQMD commitment to adopt and implement control measures, as 
contained in the 1999 Amendment to the South Coast Air Quality 
Management Plan, with respect to PM-10.
    (273) New and amended regulations for the following APCD's were 
submitted on August 21, 1998, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4621, amended on June 18, 1998.
    (2) Rule 4622, adopted on June 18, 1998.
    (274) New and amended regulations for the following APCD were 
submitted on June 29, 1995, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rule 1161, adopted on June 28, 1995.
    (275) New and amended plan for the following agency was submitted on 
March 19, 1999, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Control measures 333, 352, 353, T13, T18, T21, and T22; 1999 
rate-of-progress plan; and motor vehicle emissions

[[Page 235]]

budgets (cited on page 5-4), as contained in the Santa Barbara 1998 
Clean Air Plan.
    (ii) Additional materials.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Baseline and projected emissions inventories, and ozone 
attainment demonstration, as contained in the Santa Barbara 1998 Clean 
Air Plan.
    (276) New and amended regulations for the following APCDs were 
submitted on February 23, 2000, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Monterey Bay Unified Air Pollution Control District.
    (1) Rules 101 and 102, adopted on December 15, 1999.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4661, adopted on December 9, 1999.
    (277) New and amended regulations for the following APCDs were 
submitted on March 28, 2000, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 330, adopted on June 11, 1979 and amended on January 20, 
2000.
    (B) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 701, adopted on May 27, 1999.
    (C) Bay Area Air Quality Management District.
    (1) Rule 8-11 adopted on January 24, 1979 and amended on November 
19, 1997.
    (2) Rule 8.20, amended on March 3, 1999.
    (3) Rule 8-16, adopted on March 7, 1979 and amended on September 15, 
1998.
    (4) Rule 8-40 amended December 15, 1999.
    (5) Bay Area Air Quality Management District Rule 8-52, adopted on 
July 7, 1999.
    (6) Rule 8-7, adopted on November 17, 1999.
    (7) Rule 8-5 adopted on December 15, 1999 and Rule 8-18 adopted on 
January 7, 1998.
    (D) South Coast Air Quality Management District.
    (1) Rule 1121 adopted on December 10, 1999.
    (278) New and amended regulations for the following APCDs were 
submitted on January 21, 2000, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1130 amended on October 8, 1999.
    (2) Rule 1186, adopted on September 10, 1999.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 352 adopted on September 16, 1999.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.11.1 adopted on September 14, 1999.
    (2) Rules 57 and 68, adopted on June 14, 1977.
    (279) New and amended regulations for the following APCDs were 
submitted on May 26, 2000, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Imperial County Air Pollution Control District.
    (1) Rule 426 amended September 14, 1999
    (2) Rules 101, 408, 409, 420, 421, 701, and 702, adopted on 
September 14, 1999.
    (3) Rule 416, adopted on September 14, 1999.
    (4) Rules 109 and 110 adopted on September 14, 1999.
    (5) Rule 427, adopted on September 14, 1999.
    (6) Rules 100 and 113, adopted on September 14, 1999.
    (7) Rule 405, adopted on September 14, 1999.
    (8) Rule 417 adopted on September 14, 1999.
    (9) Rule 415, adopted on September 14, 1999.
    (10) Rule 115 adopted on November 19, 1985 and amended on September 
14, 1999.
    (11) Rule 400, revised on September 14, 1999.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 404, Monterey Bay Unified APCD, adopted on March 22, 2000.
    (2) Rule 403, adopted on March 22, 2000.
    (3) Rule 400, adopted July 1, 1969 and amended on March 22, 2000.

[[Page 236]]

    (280) New and amended regulations for the following APCDs were 
submitted on July 26, 2000, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1189, adopted on January 21, 2000.
    (2) Rule 461, adopted on April 21, 2000.
    (3) Rule 1150.1, adopted on April 5, 1985 and amended on March 17, 
2000.
    (B) El Dorado County Air Pollution Control District.
    (1) Rule 240, adopted on February 15, 2000.
    (2) Rule 101, adopted on February 15, 2000.
    (281) New and amended regulations for the following APCDs were 
submitted on May 23, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) El Dorado County Air Pollution Control District.
    (1) Rules 238, 244, and 245, adopted on March 27, 2001.
    (2) Rule 229, adopted on January 23, 2001.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 213 adopted on March 21, 2001.
    (282) New and amended regulations for the following APCDs were 
submitted on May 31, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1631, 1632, 1633, and 2507 adopted on May 11, 2001.
    (B) Bay Area Air Quality Management District.
    (1) Rule 8-51, revised on May 2, 2001.
    (283) San Francisco Bay Area Ozone Attainment Plan for the 1-Hour 
National Ozone Standard, June 1999, was submitted on August 13, 1999 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Tables 10 and 12 of the San Francisco Bay Area Ozone Attainment 
Plan for the 1-Hour National Ozone Standard, June 1999, which detail the 
commitment to adopt and implement any combination of new control 
measures to achieve 11 ton per day reduction in VOC emissions by June 
2000.
    (2) Contingency measures, Table 18, ``Post-Attainment Year (2000-
2003) Inventory Reductions Reflected in the SIP''.
    (284) New and amended regulations for the following APCDs were 
submitted on May 8, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Monterey Bay Unified Air Pollution Control District.
    (1) Rules 429 adopted on September 16, 1987 and amended on January 
17, 2001 and Rule 434 adopted on June 15, 1994 and amended on January 
17, 2001.
    (2) Rules 418 and 419, adopted on December 13, 2000.
    (3) Rule 416, adopted on September 1, 1974 and amended on January 
17, 2001.
    (4) Rule 433, adopted on January 17, 2001.
    (B) South Coast Air Quality Management District.
    (1)Rule 1612.1 adopted on March 16, 2001.
    (2) Rule 1146, adopted on November 17, 2000.
    (3) Rule 442 adopted on May 7, 1976 and amended on December 15, 
2000.
    (4) Rule 1102, adopted on January 6, 1978 and amended on November 
17, 2000.
    (5) Rule 1131 adopted on September 15, 2000.
    (6) Rule 1132, adopted on January 19, 2001.
    (C) Santa Barbara County Air Pollution Control District.
    (1) Rule 326 adopted on December 14, 1993, and amended on January 
18, 2001.
    (2) Rule 346, adopted on January 18, 2001.
    (D) Ventura County Air Pollution Control District.
    (1) Rule 74.9, adopted on July 21, 1981 and amended on November 14, 
2000.
    (2) Rule 70, adopted on November 14, 2000.
    (285) New and amended regulations for the following APCDs were 
submitted on December 11, 2000 by Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 74.15.1, adopted on June 13, 2000.

[[Page 237]]

    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4603 adopted on April 11, 1991 and amended on September 21, 
2000.
    (C) Bay Area Air Quality Management District.
    (1) Rule 9-11, adopted on May 17, 2000.
    (2) Regulation 8, Rule 34, adopted on October 6, 1999.
    (D) Antelope Valley Air Pollution Control District.
    (1) Rule 701, adopted on July 18, 2000.
    (286) New and amended regulations for the following APCDs were 
submitted on March 14, 2001 by Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast AQMD.
    (1) Rule 109 amended on August 18, 2000, Rule 481 amended on 
November 17, 2000, Rule 1107 amended on November 17, 2000, Rule 1141.1 
amended on November 17, 2000, Rule 1141.2 amended on November 17, 2000, 
and Rule 1162 amended on November 17, 2000.
    (2) Rule 1168, amended on September 15, 2000.
    (3) Rule 1141 adopted on July 8, 1983, and amended on November 17, 
2000.
    (287) New and amended regulations for the following APCD were 
submitted on November 8, 2001 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rule 1161 adopted on October 22, 2001.
    (288) New and amended regulations for the following APCDs were 
submitted on October 30, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rules 4103 and 4106, adopted on June 21, 2001.
    (B) Lake County Air Quality Management District.
    (1) Sections [Rules] 203, 204.5, 208.3, 208.8, 226.4, 226.5, 240.8, 
246, 248.3, 248.5, 249.5, 251.7, 270, 431, 431.5, 433, 434, 1000, 1001, 
1003, 1105, 1107, 1130, 1140, 1145, 1150, 1160, and 1170, adopted on 
June 19, 2001.
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.19 adopted on August 11, 1992 and amended on April 10, 
2001.
    (D) Imperial County Air Pollution Control District.
    (1) Rules 412 and 413 adopted on January 16, 2001.
    (2) Rule 403, adopted on November 19, 1985 and revised on July 24, 
2001.
    (289) New and amended regulation for the following AQMD were 
submitted on November 28, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Yolo-Solano Air Quality Management District.
    (1) Rule 2.32 adopted on October 10, 2001.
    (290) New and amended regulations for the following APCDs were 
submitted on December 14, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Kern County Air Pollution Control District.
    (1) Rule 427, adopted on November 1, 2001.
    (291)  [Reserved]
    (292) New and amended regulations for the following APCDs were 
submitted on November 7, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Monterey Bay Air Pollution Control District.
    (1) Rule 431, adopted on October 17, 2001.
    (B) Santa Barbara County Air Pollution Control District.
    (1) Rule 325 adopted on January 25, 1994, and amended on July 19, 
2001.
    (293) New and amended regulations for the following APCDs were 
submitted on January 22, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 208 and 444, adopted on December 21, 2001.
    (2) Rule 1124 adopted on July 6, 1979, and amended on September 21, 
2001.
    (294) New and amended regulations for the following APCD were 
submitted on February 20, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4653, amended on December 20, 2001.

[[Page 238]]

    (2) Rule 4603 adopted on April 11, 1991, and amended on December 20, 
2001.
    (3) Rule 4602 adopted on April 11, 1991 and amended on December 20, 
2001; Rule 4604 adopted on April 11, 1991 and amended on December 20, 
2001; Rule 4606 adopted on December 19, 1991 and amended on December 20, 
2001; Rule 4607 adopted on April 11, 1991 and amended on December 20, 
2001; and, Rule 4684 adopted on May 19, 1994 and amended on December 20, 
2001.
    (4) Rule 4661, adopted on May 21, 1992 and amended on December 20, 
2001, Rule 4662, adopted April 11, 1991 and amended on December 20, 
2001, and Rule 4663, adopted on December 20, 2001.
    (295) New and amended regulations for the following APCD were 
submitted on February 8, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Tehama County Air Pollution Control District.
    (1) Rules 4:31 and 4:37 adopted on January 29, 2002.
    (296) New and amended regulations for the following APCD were 
submitted on November 9, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) El Dorado County Air Pollution Control District.
    (1) Rule 244 adopted on March 27, 2001, and amended on September 25, 
2001.
    (297) New and amended regulations for the following APCDs were 
submitted on March 15, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 74.6, adopted on January 8, 2002.
    (2) Rule 74.29 adopted on October 10, 1995, and amended on January 
8, 2002.
    (3) Rule 74.24.1 adopted on November 10, 1998, and amended on 
January 8, 2002.
    (B) Imperial County Air Pollution Control District.
    (1) Rule 101, adopted on July 28, 1981 and amended on December 11, 
2001.
    (C) South Coast Air Quality Management District.
    (1) Rule 1107 adopted on June 1, 1979, and amended on November 9, 
2001.
    (2) Rule 518.2 adopted on January 12, 1996, amended on December 21, 
2001.
    (D) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 427, adopted on January 16, 1980 and amended on December 
19, 2001.
    (2) Rule 417 adopted on September 1, 1974, and amended on December 
19, 2001.
    (298) New and amended contingency measures for the following APCDs 
were submitted on May 29, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) 2001 Clean Air Plan Contingency Control Measures R-SC-1 
(Architectural Coatings); N-IC-1 and N-IC-3 (Control of Emissions from 
Reciprocating Internal Combustion Engines); N-XC-2 (Large Water Heaters 
and Small Boilers, Steam Generators, and Process Heaters); R-SL-2 
(Solvent Degreasers) [incorrectly identified as CAP Control Measure R-
SL-1 in Table 4-3, ``Proposed APCD Control Measures'']; R-SL-2 (Solvent 
Cleaning Operations); N-IC-2 (Gas Turbines); R-SL-4 (Electronic 
Industry--Semiconductor Manufacturing); N-XC-4 (Small Industrial and 
Commercial Boilers, Steam Generators, and Process Heaters), adopted on 
November 15, 2001.
    (299) Amended regulation for the following APCD was submitted on 
July 2, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) El Dorado County Air Pollution Control District.
    (1) Rule 233, adopted on October 18, 1994, and amended on June 11, 
2002.
    (300) Amended regulations for the following APCDs were submitted on 
June 18, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rule 1161 amended on March 25, 2002.
    (301) Amended regulation for the following APCD was submitted on 
March 5, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4354, adopted September 14, 1994 and amended February 21, 
2002.

[[Page 239]]

    (302) New and amended regulations for the following APCDs were 
submitted on October 16, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Imperial County Air Pollution Control District.
    (1) Rule 701, revised on August 13, 2002.
    (2) Rule 101, adopted on August 13, 2002.
    (3) Rule 420 adopted on November 11, 1985, and amended on August 13, 
2002.
    (B) Monterey Bay Unified Air Pollution Control District.
    (1) Rule 408, adopted on September 1, 1974 and revised on August 21, 
2002.
    (2) Rule 415, adopted on August 21, 2002.
    (303) New and amended regulations for the following APCDs were 
submitted on August 6, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 401, adopted on October 18, 1971 and revised on May 16, 
2002.
    (B) Yolo Solano Air Quality Management District.
    (1) Rule 2.22, revised on June 12, 2002.
    (C) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4311 adopted on June 20, 2002.
    (304) New and amended regulations for the following APCD were 
submitted on December 6, 2001, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rules 8011, 8021, 8031, 8041, 8051, 8061, 8071, and 8081, 
adopted on November 15, 2001.
    (305) Amended regulations for the following APCD were submitted on 
May 20, 2002 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rules 10, 26.1, 26.2, 26.3, 26.4, 26.6, and 26.11 adopted on May 
14, 2002.
    (306) The following plan was submitted on December 5, 2002, by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Kern County Air Pollution Control District.
    (1) PM-10 (Respirable Dust) Attainment Demonstration, Maintenance 
Plan, and Redesignation Request (excluding pages 4-1, 4-2, 6-1, 6-2, 
Appendix A, and pages D-12 through D-37 of Appendix D) adopted on 
September 5, 2002.
    (B) California Air Resources Board, California.
    (1) California Air Resources Board Executive Order G-125-295 adopted 
on December 4, 2002.
    (307) New and amended regulations for the following APCDs were 
submitted on November 19, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Metropolitan Air Quality Management District.
    (1) Rule 449, adopted on February 5, 1975 and amended on September 
26, 2002.
    (B) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4622, adopted on May 21, 1992 and amended on September 19, 
2002.
    (C) San Diego County Air Pollution Control District.
    (1) Rule 101, adopted on September 25, 2002.
    (308) New and amended regulations for the following APCDs were 
submitted on December 12, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rule 8-7, amended on November 6, 2002.
    (B) Lake County Air Quality Management District.
    (1) Sections 226.5, 232.1, 238.5, 249.3, 250.5, 433.5, 436, and 
436.5, adopted on October 1, 2002 and Sections 431.5, 431.7, 432.5, and 
433, amended on October 1, 2002.
    (309) New and amended plan for the following agency was submitted on 
November 18, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District (SCAQMD).
    (1) SCAQMD commitment to adopt and implement control measures, and 
reasonable further progress, as contained in the Implementation Status 
of the PM-10 Portion of the 1997 AQMP and PM-10 Emissions Budgets for

[[Page 240]]

Transportation Conformity use (2002 status report) adopted by SCAQMD on 
June 7, 2002.
    (2) Baseline and projected emissions inventories, SCAQMD commitment 
to adopt and implement control measures, reasonable further progress, 
contingency measures, attainment demonstration, PM-10 attainment date 
extension, and motor vehicle emissions budgets, as contained in Chapters 
3, 4, 5, 6 and 8 of the 2002 Coachella Valley PM-10 SIP adopted by 
SCAQMD on June 21, 2002, and the 2002 Coachella Valley PM-10 SIP 
Addendum (Appendix E) adopted by SCAQMD on September 13, 2002.

[37 FR 10850, May 31, 1972]

    Editorial Notes: 1. For Federal Register citations affecting Sec. 
52.220, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    2. The following amendment could not be incorporated into Sec. 52.220 
because of inaccurate amendatory instruction. For the convenience of the 
user, the amendatory instruction and text is set forth as follows:

    At 65 FR 47863, August 4, 2000, Sec. 52.220 was amended in part by 
adding and removing paragraph (c)(263)(i)(C)(1). The added text is as 
follows:

Sec. 52.220  Identification of plan.

                                * * * * *

    (c) * * *
    (263) * * *
    (i) * * *
    (C) * * *
    (1) Rule 464, adopted on July 23, 1998.

                                * * * * *

    Effective Date Note 1: At 68 FR 33008, June 3, 2003, Sec. 52.220 was 
amended by adding paragraphs (c)(310) and (c)(311), effective Aug. 4, 
2003. For the convenience of the user, the added text follows:

Sec. 52.220  Identification of plan.

                                * * * * *

    (c) * * *
    (310) New and amended rules for the following districts were 
submitted on May 21, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4692, adopted on March 21, 2002.
    (311) New and amended rules for the following districts were 
submitted on December 23, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rule 1171, adopted on August 2, 1991 and amended on August 2, 
2002.

    Effective Date Note 2: At 68 FR 33020, June 3, 2003, Sec. 52.220 was 
amended by adding paragraph (c)(297) (i)(A)(4), effective July 3, 2003. 
For the convenience of the user, the added text follows:

Sec. 52.220  Identification of plan.

                                * * * * *

    (c) * * *
    (297) * * *
    (i) * * *
    (A) * * *
    (4) Rule 74.23, adopted on January 8, 2002.

    Effective Date Note 3: At 68 FR 33638, June 5, 2003, Sec. 52.220 was 
amended by adding paragraphs (c)(307)(i)(C)(2) and (c)(312), effective 
Aug. 4, 2003. For the convenience of the user, the added text follows:

Sec. 52.220  Identification of plan.

                                * * * * *

    (c) * * *
    (307) * * *
    (i) * * *
    (C) * * *
    (2) Rule 67.11.1, adopted on September 25, 2002.

                                * * * * *

    (312) New and amended rules for the following districts were 
submitted on January 21, 2003, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Rules 8.5 and 8.18, amended on November 27, 2002, and adopted on 
January 1, 1978 and October 1, 1980, respectively.

    Effective Date Note 4: At 68 FR 37977, June 26, 2003, Sec. 52.220 was 
amended by adding paragraph (c)(313), effective July 28, 2003. For the 
convenience of the user, the added text is set forth as follows:

Sec. 52.220  Identification of plan.

                                * * * * *

    (c) * * *
    (313) New and amended plan for the following agency was submitted on 
December 20, 2002, by the Governor's designee.
    (i) Incorporation by reference.

[[Page 241]]

    (A) San Diego County Air Pollution Control District.
    (1) Ozone Redesignation Request and Maintenance Plan for San Diego 
County, including motor vehicle emissions budgets for 2010 and 2014, 
Resolution #02-389, adopted on December 11, 2002.

                                * * * * *



Sec. 52.221  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
North Coast Intrastate...............................          II        III       III       III           III
San Francisco Bay Area Intrastate....................          II         II       III         I             I
North Central Coast Intrastate.......................          II        III       III       III             I
South Central Coast Intrastate.......................         III        III       III       III           III
Metropolitan Los Angeles Intrastate..................           I         II         I         I             I
Northeast Plateau Intrastate.........................         III        III       III       III           III
Sacramento Valley Intrastate.........................          II        III       III         I             I
San Joaquin Valley Intrastate........................           I        III       III         I             I
Great Basin Valley Intrastate........................         III        III       III       III           III
Southeast Desert Intrastate..........................           I        III       III       III             I
San Diego Intrastate.................................          II        III       III         I             I
Lake County Intrastate...............................          II        III       III       III           III
Lake Tahoe Intrastate................................          II        III       III         I             I
Mountain Counties Intrastate.........................          II        III       III         I             I
----------------------------------------------------------------------------------------------------------------


[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46 
FR 3884, Jan. 16, 1981]



Sec. 52.222  Negative declarations.

    (a) The following air pollution control districts submitted negative 
declarations for volatile organic compound source categories to satisfy 
the requirements of section 182 of the Clean Air Act, as amended. The 
following negative declarations are approved as additional information 
to the State Implementation Plan.
    (1) Mojave Desert Air Quality Management District.
    (i) Natural Gas and Gasoline Processing Equipment and Chemical 
Processing and Manufacturing were submitted on July 13, 1994 and adopted 
on May 25, 1994.
    (ii) Asphalt Air Blowing was submitted on December 20, 1994 and 
adopted on October 26, 1994.
    (iii) Vacuum Producing Devices or Systems was submitted on December 
29, 1994 and adopted on December 21, 1994.
    (iv) Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset 
Lithography, Industrial Wastewater, Plastic Parts Coating (Business 
Machines), Plastic Parts (Other), and Ship Building were submitted on 
August 7, 1995 and adopted on June 28, 1995.
    (2) Sacramento Metropolitan Air Quality Management District.
    (i) Plastic Parts Coating: Business Machines and Plastic Parts 
Coating: Other were submitted on June 6, 1996 and adopted on May 2, 
1996.
    (3) Santa Barbara County Air Pollution Control District.
    (i) Industrial Wastewater, Plastic Parts Coating: Business Machines, 
Plastic Parts Coating: Other, Industrial Cleaning Solvents, Offset 
Lithography, and Shipbuilding Coatings were submitted on July 12, 1996 
and adopted on May 16, 1996.
    (ii) Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch 
Processing, SOCMI Reactors, and SOCMI Distillation; and Wood Furniture 
Manufacturing Operations were submitted on April 9, 2002 and adopted on 
February 21, 2002.
    (4) Placer County Air Pollution Control District.

[[Page 242]]

    (i) Aerospace Coatings; Industrial Waste Water Treatment; Plastic 
Parts Coating: Business Machines; Plastic Parts Coating: Other; 
Shipbuilding and Repair; Synthetic Organic Chemical Manufacturing, Batch 
Plants; and Synthetic Organic Chemical Manufacturing, Reactors were 
submitted on February 25, 1998 and adopted on October 7, 1997.
    (5) San Diego County Air Pollution Control District.
    (i) Synthetic organic chemical manufacturing (distillation), 
synthetic organic chemical manufacturing (reactors), wood furniture, 
plastic parts coatings (business machines), plastic parts coatings 
(other), offset lithography, industrial wastewater, autobody 
refinishing, and volatile organic liquid storage were submitted on 
February 25, 1998 and adopted on October 22, 1997.
    (6) Antelope Valley Air Pollution Control District.
    (i) Motor Vehicle Assembly Line Coating Operations submitted on 
January 12, 1999 and adopted on November 18, 1997.
    (ii) Refinery Process Turnarounds submitted on February 16, 1999 and 
adopted on November 18, 1997.
    (iii) Marine Vessel Coating Operations, Marine Tank Vessel 
Operations, and Thermal Enhanced Oil Recovery Wells submitted on June 
23, 1998 and adopted on January 20, 1998.
    (iv) Pharmaceuticals and Cosmetic Manufacturing Operations submitted 
on March 28, 2000 and adopted on January 18, 2000.
    (7) El Dorado County Air Pollution Control District.
    (i) Bulk Terminal Facilities or External or Internal Floating Roof 
Tank Sources was submitted on May 23, 2001 and adopted on April 3, 2001.
    (b) The following air pollution control districts submitted negative 
declarations for oxides of nitrogen source categories to satisfy the 
requirements of section 182 of the Clean Air Act, as amended. The 
following negative declarations are approved as additional information 
to the State Implementation Plan.
    (1) Sacramento Metropolitan Air Quality Management District.
    (i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers, 
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and 
Steel Manufacturing Plants were submitted on March 4, 1996, and adopted 
on August 3, 1995.
    (2) San Joaquin Valley Unified Air Pollution Control District.
    (i) Nitric and Adipic Acid Manufacturing Plants, Cement 
Manufacturing Plants, Asphalt Batch Plants, Iron and Steel Manufacturing 
Plants, and Driers were submitted on October 17, 1994 and adopted on 
September 14, 1994.
    (3) Placer County Air Pollution Control District.
    (i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers, 
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and 
Steel Manufacturing Plants were submitted on February 25, 1998 and 
adopted on October 9, 1997.
    (4) Antelope Valley Air Pollution Control District.
    (i) Boilers and Process Heaters In Petroleum Refineries submitted on 
May 13, 1999 and adopted on April 21, 1998.
    (ii) Cement Kilns and Glass Melting Furnaces submitted on July 23, 
1999 and adopted on March 16, 1999.
    (iii) Nitric Acid Units submitted on March 28, 2000 and adopted on 
January 18, 2000.

[60 FR 47076, Sept. 11, 1995 as amended at 61 FR 56474, 56476, Nov. 1, 
1996; 62 FR 40937, July 31, 1997; 62 FR 43647, Aug. 15, 1997; 63 FR 
50766, 50769, Sept. 23, 1998; 65 FR 31270, May 17, 2000; 65 FR 66177, 
Nov. 3, 2000; 66 FR 44978, Aug. 27, 2001; 67 FR 54741, Aug. 26, 2002]



Sec. 52.223  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves California's plan for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph. In addition, continued satisfaction of the requirements of 
Part D for the ozone portion of the State Implementation Plan (SIP) 
depends on the adoption and submittal of reasonably available control 
technology (RACT) requirements by

[[Page 243]]

July 1, 1980, for sources covered by Control Technique Guidelines (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.
    (1) Imperial County for O3.
    (2) North Central Coast Air Basin for O3.
    (3) South Coast Air Basin for O3, CO, NO2, and 
PM.
    (4) San Diego Air Basin for O3, CO, and TSP.
    (5) San Joaquin Valley Air Basin.
    (i) Kern County nonattainment area for ozone, CO, SO2, 
and PM.
    (ii) Kings County for O3 and TSP.
    (iii) Madera County for O3 and TSP.
    (iv) Merced County for O3 and TSP.
    (v) San Joaquin County for CO, O3 and TSP.
    (vi) Stanislaus County for CO, O3 and TSP.
    (vii) Tulare County for O3 and TSP.
    (viii) Fresno County for O3, CO, and TSP.
    (6) South Central Coast Air Basin.
    (i) Santa Barbara County nonattainment area for O3, CO 
and TSP.
    (ii) Ventura County for O3, CO and TSP.
    (7) Sacramento Valley Air Basin.
    (i) Butte County for O3 and CO.
    (ii) Sutter County for O3.
    (iii) Yuba County for O3.
    (iv) Sacramento AQMA for O3.
    (v) Sacramento County Metropolitan Area for CO.
    (8) Southeast Desert Air Basin.
    (i) Los Angeles County for Ozone.
    (ii) San Bernardino County for Ozone.
    (iii) Riverside County for Ozone.
    (9) San Francisco Bay Area Air Basin for O3, CO and TSP.
    (10) Mountain Counties Air Basin.
    (i) El Dorado County (Mountain Counties Air Basin portion) for 
O3.
    (ii) Placer County (Mid-County portion) for O3.
    (c) [Reserved]
    (d) With the exceptions set forth in this subpart, the Administrator 
approves the plan with respect to Part D, Title I of the Clean Air Act, 
as amended in 1977, for the nonattainment areas listed in this 
paragraph.
    (1) Lake Tahoe Basin for CO.
    (2) EPA approves the CO plan for the Lake Tahoe Basin as meeting the 
requirements of Part D. This approval includes the resolution of the 
Lake Tahoe Regional Planning Agency banning new source construction 
pending the adoption of a new regional plan and ordinances. However, EPA 
disapproves the plan for any future time during which the Tahoe Regional 
Planning Agency may remove its construction ban prior to EPA approval of 
the new regional plan and ordinances.
    (e) The Administrator approves the following portions of the 1999 
Ozone Attainment Plan for the San Francisco Bay Area submitted by the 
California Air Resources Board on August 13, 1999: the 1995 baseline 
emissions inventory, the reasonable further progress demonstration, and 
the deletion of transportation control measures #6 and #16.

[45 FR 74484, Nov. 11, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 52.223, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 52.224  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
except in certain Air Pollution Control Districts (APCD) as indicated in 
this paragraph since the plan does not provide procedures by which 
emission data, as correlated with applicable emission limitations, will 
be made available to the public.
    (1) The following APCD's meet the requirements of Sec. 51.116(c) of 
this chapter:
    (i) Siskiyou County APCD.
    (ii) San Diego County APCD.
    (iii) Great Basin Unified APCD.
    (iv) Del Norte County APCD.
    (v) Humboldt County APCD.
    (vi) Mendocino County APCD.
    (vii) Northern Sonoma County APCD.
    (viii) Trinity County APCD.
    (ix) Amador County APCD.
    (2) The following APCD's do not provide for the correlation of 
emission data with applicable emission limitations as required by Sec. 
51.116(c) of this chapter. In these APCD's, only the requirements of Sec. 
52.224(b)(4) are in effect:
    (i) Merced County APCD.
    (ii) Stanislaus County APCD.

[[Page 244]]

    (iii) Fresno County APCD.
    (iv) Calaveras County APCD.
    (v) Tuolumne County APCD.
    (vi) San Joaquin County APCD.
    (vii) Mariposa County APCD.
    (viii) Tulare County APCD.
    (ix) Kern County APCD.
    (x) Madera County APCD.
    (xi) Yolo-Solano APCD.
    (xii) Sutter County APCD.
    (xiii) Glenn County APCD.
    (xiv) Tehama County APCD.
    (xv) Sierra County APCD.
    (xvi) Shasta County APCD.
    (xvii) Sacramento County APCD.
    (xviii)-(xix) [Reserved]
    (xx) Lake County APCD.
    (xxi) Imperial County APCD.
    (xxii) [Reserved]
    (xxiii) Ventura County APCD.
    (xxiv) Monterey Bay Unified APCD.
    (xxv) [Reserved]
    (xxvi) San Luis Obispo County APCD.
    (xxvii) Kings County APCD.
    (xxviii) Plumas County APCD.
    (xxix) Nevada County APCD.
    (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, except for those APCD's specified in paragraph (a) of 
this section, 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.
    (c) The deletion of the following rules or portions of rules is 
disapproved, since these regulations are necessary to fulfill the 
requirements of 40 CFR 51.116(c).
    (1) Northcoast intrastate region:
    (i) Lake County APCD.
    (A) Section 49a, Public Records, and Section 49b, Record, of Part 
III, Definitions; and Part II, Authorization and Disclosure, submitted 
on October 23, 1974 and previously approved under 40 CFR 52.223, are 
retained.

[40 FR 55328, Nov. 28, 1975]

    Editorial Note: For Federal Register citations affecting Sec. 52.224, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 52.225  Legal authority.

    (a) The requirements of Sec. 51.230(c) of this chapter are not met 
since the State Emergency Services Act does not apply to air pollution 
emergencies in a manner comparable to section 303 of the Clean Air Act, 
as amended.

[[Page 245]]

    (b) The requirements of Sec. 51.230(f) of this chapter are not met 
since authority to make emission data available to the public 
inadequate. Such release is precluded under certain circumstances.

[37 FR 10852, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. 52.226  Control strategy and regulations: Particulate matter, San 
Joaquin Valley and Mountain Counties Intrastate Regions.

    (a) [Reserved]
    (b) The following regulatory changes represent a relaxation of 
previously submitted regulations and an adequate control strategy has 
not been submitted showing that the relaxation will not interfere with 
attainment and maintenance of the National Ambient Air Quality Standards 
for particulate matter:
    (1) Kings County APCD.
    (i) Rule 405, Process Weight, submitted on July 25, 1973 is 
disapproved; and Rule 405, submitted on June 30, 1972, and previously 
approved in 40 CFR 52.223 is retained.
    (ii) Rule 407.1, Disposal of Solid and Liquid Wastes, submitted on 
November 4, 1977, is disapproved; and Rule 407.1, Disposal of Solid and 
Liquid Wastes, submitted on June 30, 1972, and previously approved under 
40 CFR 52.223 is retained.
    (2) Calaveras County APCD.
    (i) The revocation of Rule 407(b), Combustion Contaminants, is 
disapproved; and Rule 407(b), submitted on June 30, 1972, and previously 
approved in 40 CFR 52.223 is retained.
    (ii) The revocation of Rule 408, Fuel Burning Equipment, is 
disapproved; and Rule 408, submitted on June 30, 1972, and previously 
approved in 40 CFR 52.223 is retained.
    (iii) The addition of Rule 209, Fossil Fuel-Steam Generator 
Facility, is disapproved; and Rule 408, submitted on June 30, 1972 and 
previously approved in 40 CFR 52.223 is retained.
    (3) Tuolumne County APCD.
    (i) Rule 207, Particulate Matter, submitted on July 22, 1975, is 
disapproved; and Rules 404 and 407(b), submitted on June 30, 1972 and 
previously approved in 40 CFR 52.223 are retained.
    (ii) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on 
July 22, 1975, is disapproved; and Rule 408, submitted on June 30, 1972, 
and previously approved in 40 CFR 52.223 is retained.
    (iii) Rule 207, Particulate Matter, submitted on February 10, 1977, 
is disapproved and the previously approved Rules 404 and 407(b), 
submitted on June 30, 1972, remain in effect.
    (iv) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on 
February 10, 1977, is disapproved and the previously approved Rule 408, 
submitted on June 30, 1972, remains in effect.
    (4) Fresno County APCD.
    (i) Rule 407, Disposal of Solid or Liquid Wastes, submitted on 
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 
1972, and previously approved in 40 CFR 52.223 is retained.
    (ii) Rule 407, Disposal of Solid or Liquid Wastes, submitted on 
November 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (5) San Joaquin County APCD.
    (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on 
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (6) Mariposa County APCD.
    (i) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on 
January 10, 1975, is disapproved; and Rule 6.4, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (7) Kern County APCD.
    (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on 
July 22, 1975, is disapproved; and Rule 407.1, submitted on June 30, 
1972 and previously approved in 40 CFR 52.223 is retained.
    (8) Madera County APCD.
    (i) Rule 405, Process Weight, submitted on January 10, 1975 is 
disapproved; and Rule 405, submitted on June 30, 1972 and previously 
approved in 40 CFR 52.223 is retained.
    (9) Tulare County APCD.
    (i) Paragraph b. of Rule 407.1.
    (10) Merced County APCD.
    (i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on 
August 2, 1976 is disapproved; and Rule 407.1 submitted on June 30, 1972 
and previously approved in 40 CFR 52.223 is retained.

[37 FR 10850, May 31, 1972]

[[Page 246]]


    Editorial Note: For Federal Register citations affecting Sec. 52.226, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.



Sec. 52.227  Control strategy and regulations: Particulate matter, 
Metropolitan Los Angeles Intrastate Region.

    (a) The requirements of Subpart G of this chapter are not met since 
the plan does not provide for attainment and maintenance of the 
secondary standards for particulate matter in the Metropolitan Los 
Angeles Intrastate Region.
    (b) The following regulations are disapproved since they are not 
part of the approved control strategy and do not provide for the degree 
of control needed for the attainment and maintenance of the primary 
standards for particulate matter in the Metropolitan Los Angeles 
Intrastate Region.
    (1) Los Angeles County Air Pollution Control District:
    (i) Regulation IV, Rule 68.1.
    (2) Riverside County Air Pollution Control District:
    (i) Regulation IV, Rule 54 for process sources with a process weight 
rate in excess of 62,000 lbs. per hour. Rule 54 is approved for process 
sources with a process weight of 62,000 lbs. per hour or less.
    (3) Southern California APCD:
    (i) Regulation IV, Rule 404 Particulate Matter--Concentration, 
submitted on August 2, 1976.
    (ii) Regulation IV, Rule 473 Disposal of Solid and Liquid Wastes, 
submitted on August 2, 1976.
    (4) South Coast AQMD.
    (i) Rule 401(b) submitted on August 15, 1980.
    (c) The rescission by the Southern California APCD of the following 
rules, which were previously approved in the May 31, 1972 (37 FR 10850) 
and September 22, 1972 (37 FR 19813) Federal Register issues, is 
disapproved since adequate replacementrules have not been submitted and 
no analysis has been presented to show that this rescission will not 
interfere with the attainment and maintenance of the NAAQS for 
particulate matter as required by section 110 of the Clean Air Act. In 
addition, the following rules, as submitted in June 1972 and approved 
for the SIP, remain federally enforceable:
    (1) Los Angeles County APCD.
    (i) Regulation IV, Rule 52 Particulate Matter--Concentration.
    (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
    (2) San Bernardino County APCD.
    (i) Regulation IV, Rule 52A Particulate Matter--Concentration.
    (ii) Regulation IV, Rule 58A Disposal of Solid and Liquid Wastes.
    (3) Riverside County APCD.
    (i) Regulation IV, Rule 52 Particulate Matter--Concentration.
    (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
    (4) Orange County APCD.
    (i) Regulation IV, Rule 52 Particulate Matter--Concentration.
    (ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.

[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972; 
43 FR 25687, June 14, 1978; 49 FR 18824, May 3, 1984; 51 FR 40676, Nov. 
7, 1986]



Sec. 52.228  Regulations: Particulate matter, Southeast Desert Intrastate Region.

    (a) The following regulations are disapproved since they are not 
part of the approved control strategy and do not provide for the degree 
of control needed for the attainment and maintenance of the national 
standards for particulate matter in the Southeast Desert Intrastate 
Region.
    (1) Imperial County Air Pollution Control District:
    (i) Rule 114A.
    (ii) Rule 116B.
    (2) Los Angeles County Air Pollution Control District:
    (i) Regulation IV, Rule 68.1.
    (3) Riverside County Air Pollution Control District:
    (i) Regulation IV, Rule 54 for process sources with a process weight 
rate in excess of 160,000 lbs. per hour. Rule 54 is approved for process 
sources with a process weight of 160,000 lbs. per hour or less.
    (b) The following regulatory changes represent a relaxation of 
previously submitted regulations, and an adequate control strategy has 
not been submitted showing that the relaxation will not interfere with 
the attainment

[[Page 247]]

and maintenance of the national ambient air quality standards for 
particulate matter:
    (1) Southeast Desert Intrastate Region:
    (i) Imperial County APCD.
    (A) Rule 406, Disposal of Solid and Liquid Wastes submitted on 
November 4, 1977 is disapproved; and Rule 116 C, Specific Contaminants 
submitted on June 30, 1972 and previously approved under 40 CFR 52.223 
is retained.
    (ii) Los Angeles County Air Pollution Control District.
    (A) Regulation IV, Rule 404 Particulate Matter-Concentration, and 
Rule 473, Disposal of Solid and Liquid Wastes, submitted on June 6, 1977 
are disapproved. Rules 52 and 58, titled as above, respectively, and 
submitted on June 30, 1972 and previouslyapproved under 40 CFR 52.223 
are retained.
    (iii) Riverside County Air Pollution Control District.
    (A) Regulation IV, Rules 404 Particulate Matter-Concentration, 405 
Particulate Matter-Weight, and Rule 473, Disposal of Solid and Liquid 
Wastes, submitted on June 6, 1977 are disapproved. Rules 52, Particulate 
Matter-Weight, 54, Dust and Fumes, and 58, Disposal of Solid and Liquid 
Wastes, submitted in 1972 and approved under 40 CFR 52.223, are 
retained.

[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972; 
43 FR 35695, Aug. 11, 1978; 43 FR 40014, Sept. 8, 1978; 64 FR 49400, 
Sept. 13, 1999]



Sec. 52.229  Control strategy and regulations: Photochemical oxidants 
(hydrocarbons), Metropolitan Los Angeles Intrastate Region.

    (a) [Reserved]
    (b) The following rules are disapproved because they would result in 
a relaxation of control requirements contained in the presently approved 
State Implementation Plan, and no analysis has been presented to show 
that this relaxation will not interfere with the attainment and 
maintenance of NAAQS for photochemical oxidants (hydrocarbons) as 
required by section 110 of the Clean Air Act.
    (1) Southern California APCD.
    (i) Regulation IV, Rule 465 Vacuum Producing Devices or Systems, 
submitted on August 2, 1976.
    (2) South Coast Air Quality Management District.
    (i) Regulation IV, Rule 461 Gasoline Transfer and Dispensing, 
submitted on June 6, 1977. The version of this rule by the same number 
and title submitted on April 21, 1976 and approved under 40 CFR 52.223 
is retained.
    (ii) Rule 1115, Automotive Coatings, adopted on March 16, 1984 by 
the District and submitted by the state to EPA on July 10, 1984.
    (iii) Rule 1113, Architectural Coatings, adopted on August 2, 1985 
and submitted to EPA on November 12, 1985. The version of this rule by 
the same number and title submitted on July 10, 1984 and approved by EPA 
on January 24, 1985 is retained.
    (c) The rescission by the Southern California APCD of the following 
rules, which were previously approved in the September 22, 1972 (37 FR 
19813) Federal Register issue, is disapproved since adequate replacement 
rules have not been submitted anderfere with the attainment and 
maintenance of the NAAQS for photochemical oxidants (hydrocarbons) as 
required by section 110 of the Clean Air Act. In addition, the following 
rules, as submitted in June 1972 and approved for the SIP, remain 
federally enforceable:
    (1) Los Angeles County APCD, Regulation IV, Rule 69, Vacuum 
Producing Devices or Systems.
    (2) San Bernardino County APCD, Regulation IV, Rule 69, Vacuum 
Producing Devices or Systems.
    (3) Riverside County APCD, Regulation IV, Rule 74, Vacuum Producing 
Devices or Systems.
    (4) Orange County APCD, Regulation IV, Rule 69, Vacuum Producing 
Devices or Systems.

[37 FR 10850, May 31, 1972, as amended at 43 FR 25687, June 14, 1978; 43 
FR 40014, Sept. 8, 1978; 46 FR 5978, Jan. 21, 1981; 54 FR 5237, Feb. 2, 
1989; 54 FR 34515, Aug. 21, 1989]



Sec. 52.230  Control strategy and regulations: Nitrogen dioxide.

    (a) The requirements of Sec. 52.14(c)(3) of this chapter as of 
September 22, 1972 (47 FR 1983), are not met since the plan does not 
provide for the degree of nitrogen oxides emission reduction attainable 
through application of reasonably available control technology in

[[Page 248]]

the Metropolitan Los Angeles Intrastate Region. Therefore, Rule 68.b of 
the Orange County Air Pollution Control District is disapproved.
    (b) The following rules are disapproved since they are not part of 
the approved control strategy and do not provide for the degree of 
control necessary for the attainment and maintenance of NAAQS for 
nitrogen dioxide in the Metropolitan Los Angeles Intrastate AQCR:
    (1) Orange County APCD, Regulation IV, Rule 474, Fuel Burning 
Equipment--Oxides of Nitrogen, submitted on February 10, 1977.
    (c) The rescission by the Southern California APCD of the following 
rules is disapproved since adequate replacement rules have not been 
submitted and no analysis has been presented to show that this 
rescission will not interfere with the attainment and maintenance of the 
National Ambient Air Quality Standards as required by section 110 of the 
Clean Air Act. In addition, the following rules, as submitted in June 
1972 and approved for the SIP, remain federally enforceable:
    (1) Orange County APCD, Regulation IV, Rule 68, Fuel Burning 
Equipment--NOx.
    (2) Orange County APCD, Regulation IV, Rule 67.1, Fuel Burning 
Equipment.

[43 FR 25687, June 14, 1978, as amended at 46 FR 3884, Jan. 16, 1981; 51 
FR 40677, Nov. 7, 1986]



Sec. 52.231  Regulations: Sulfur oxides.

    (a) [Reserved]
    (b) The deletion of the following rules or portions of rules is 
disapproved, since an adequate control strategy demonstration has not 
been submitted indicating that the deletions of the control requirements 
contained in those rules would not interfere with the attainment or 
maintenance of the National Ambient Air Quality Standard for Sulfur 
Oxides.
    (1) Lake County Intrastate Region.
    (i) Lake County, APCD.
    (A) Section 3(F), Sulfur of Part V, Prohibitions and Standards, 
submitted on October 23, 1974 and previously approved under 40 CFR 
52.223, is retained as applicable to sources other than sulfur recovery 
units.

[43 FR 34464, 34466, Aug. 4, 1978, as amended at 46 FR 3884, Jan. 16, 
1981; 46 FR 42461, Aug. 21, 1981]



Sec. 52.232  Part D conditional approval.

    (a) The following portions of the California SIP contain 
deficiencies with respect to Part D of the Clean Air Act which must be 
corrected by meeting the indicated conditions of Part D plan approval.
    (1) Imperial County for ozone.
    (i) By May 7, 1981, the NSR rules must be revised and submitted as 
an SIP revision. The rules must satisfy section 173 and 40 CFR Subpart 
I, ``Review of new sources and modifications.''

In revising the Imperial County APCD's NSR rules, the State/APCD must 
address (A) any new requirements in EPA's amended regulations for NSR 
under section 173 of the Clean Air Act (August 7, 1980, 45 FR 52676) 
which the APCD rules do not now satisfy and (B) those deficiencies cited 
in EPA's Evaluation Report Addendum (contained in Document File NAP-CA-
06 at the EPA Library in Washington, DC and the Region IX office).
    (ii) By January 1, 1981, a cutback asphalt rule which reflects 
reasonably available control technology (RACT) must be submitted as an 
SIP revision.
    (2) North Central Coast Air Basin for ozone.
    (i) By May 7, 1981, the NSR rules must be revised and submitted as 
an SIP revision. The rules must satisfy section 173 and 40 CFR 51.18, 
``Review of new sources and modifications.'' In revising the Monterey 
Bay Unified APCD's NSR rules, the State/APCD must address (a) any new 
requirements in EPA's amended regulations for NSR under section 173 o