[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2004 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          40


          Part 52 (Sec.  52.1019 to End)

                         Revised as of July 1, 2004


          Protection of Environment
          
          


________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2004
          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 : 2004



  For sale by the Superintendent of Documents, U.S. Government Printing 
                                  Office
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      Fax: (202) 512-2250 Mail: Stop SSOP, Washington, DC 20402-0001

[[Page iii]]




                            Table of Contents



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

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Materials Incorporated by Reference.....................     931
      Table of CFR Titles and Chapters........................     941
      Alphabetical List of Agencies Appearing in the CFR......     959
      List of CFR Sections Affected...........................     969

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 52.1020 
                       refers to title 40, part 
                       52, section 1020.

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

[[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, 2004), 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 
fedreg.info@nara.gov.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call toll free, 
866-512-1800 or DC area, 202-512-1800, M-F, 8 a.m. to 4 p.m. e.s.t. or 
fax your order to 202-512-2250, 24 hours a day. For payment by check, 
write to the Superintendent of Documents, Attn: New Orders, P.O. Box 
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512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Public Papers, 
Weekly Compilation of Presidential Documents and the Privacy Act 
Compilation are available in electronic format at www.gpoaccess.gov/nara 
(``GPO Access''). For more information, contact Electronic Information 
Dissemination Services, U.S. Government Printing Office. 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 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

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

July 1, 2004.

[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty 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 (63.1440-63.8830), part 63 (63.8980-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, 2004.

    Chapter I--Environmental Protection Agency appears in all thirty 
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 Sec.  9.1 of this chapter.

    For this volume, Ruth Green was Chief Editor. The Code of Federal 
Regulations publication program is under the direction of Frances D. 
McDonald, assisted by Alomha S. Morris.

[[Page x]]




[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




                      (This book contains part 52)

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

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

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




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


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000, 66 FR 34375, 34376, June 28, 2001, and 69 FR 
18803, Apr. 9, 2004.

                 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 (CONTINUED)
--Table of Contents




Sec.

                             Subpart U_Maine

52.1020 Identification of plan.
52.1021 Classification of regions.
52.1022 Approval status.
52.1023 Control strategy: Ozone.
52.1024 Attainment dates for national standards.
52.1025 Control strategy: Particulate matter.
52.1026 Review of new sources and modifications.
52.1027 Rules and regulations.
52.1028 [Reserved]
52.1029 Significant deterioration of air quality.
52.1030 Control strategy: Sulfur oxides.
52.1031 EPA-approved Maine regulations.
52.1033 Visibility protection.
52.1034 Stack height review.
52.1035 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1036 Emission inventories.

                           Subpart V_Maryland

52.1070 Identification of plan.
52.1071 Classification of regions.
52.1072 Conditional approval.
52.1073 Approval status.
52.1074 Legal authority.
52.1075 1990 base year emission inventory.
52.1076 Control strategy plans for attainment and rate-of-progress: 
          Ozone.
52.1077 Source surveillance.
52.1078 Extensions.
52.1079 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1080 Photochemical Assessment Monitoring Stations (PAMS) Program.
52.1081-52.1109 [Reserved]
52.1110 Small business stationary source technical and environmental 
          compliance assistance program.
52.1111-52.1112 [Reserved]
52.1113 [Reserved]
52.1114-52.1115 [Reserved]
52.1116 Significant deterioration of air quality.
52.1117 Control strategy: Sulfur oxides.
52.1118 Approval of bubbles in nonattainment areas lacking approved 
          demonstrations: State assurances.

                         Subpart W_Massachusetts

52.1119 Identification of plan--conditional approval.
52.1120 Identification of plan.
52.1121 Classification of regions.
52.1122 [Reserved]
52.1123 Approval status.
52.1124 Review of new sources and modifications.
52.1125 Emission inventories.
52.1126 Control strategy: Sulfur oxides.
52.1127 Attainment dates for national standards.
52.1128 Transportation and land use controls.
52.1129 Control strategy: Ozone.
52.1130 [Reserved]
52.1131 Control strategy: Particulate matter.
52.1132 Control strategy: Carbon Monoxide.
52.1133 [Reserved]
52.1134 Regulation limiting on-street parking by commuters.
52.1135 Regulation for parking freeze.
52.1136-52.1144 [Reserved]
52.1145 Regulation on organic solvent use.
52.1146 [Reserved]
52.1147 Federal compliance schedules.
52.1148-52.1158 [Reserved]
52.1159 Enhanced motor vehicle inspection and maintenance.
52.1160 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1161 Incentives for reduction in single-passenger commuter vehicle 
          use.
52.1162 Regulation for bicycle use.
52.1163 Additional control measures for East Boston.
52.1164 Localized high concentrations--carbon monoxide.
52.1165 Significant deterioration of air quality.
52.1166 [Reserved]
52.1167 EPA-approved Massachusetts State regulations.
52.1168 Certification of no sources.
52.1168a Part D--Disapproval of Rules and Regulations.
52.1169 Stack height review.

                           Subpart X_Michigan

52.1170 Identification of plan.
52.1171 Classification of regions.
52.1172 Approval status.
52.1173 Control strategy: Particulates.
52.1174 Control strategy: Ozone.
52.1175 Compliance schedules.
52.1176 Review of new sources and modifications. [Reserved]
52.1177-52.1178 [Reserved]

[[Page 6]]

52.1179 Control Strategy: Carbon Monoxide.
52.1180 Significant deterioration of air quality.
52.1181 Interstate pollution.
52.1182 State boards.
52.1183 Visibility protection.
52.1184 Small business stationary source technical and environmental 
          compliance assistance program.
52.1185 Control strategy: Carbon monoxide.
52.1218 Identification of plan--conditional approval.

                           Subpart Y_Minnesota

52.1219 Identification of plan--conditional approval.
52.1220 Identification of plan.
52.1221 Classification of regions.
52.1222 EPA-approved Minnesota State regulations
52.1223 Approval status.
52.1224 General requirements.
52.1225 Review of new sources and modifications.
52.1226-52.1229 [Reserved]
52.1230 Control strategy and rules: Particulates.
52.1231-52.1232 [Reserved]
52.1233 Operating permits.
52.1234 Significant deterioration of air quality.
52.1235 [Reserved]
52.1236 Visibility protection.
52.1237 Control strategy: Carbon monoxide.

                          Subpart Z_Mississippi

52.1270 Identification of plan.
52.1271 Classification of regions.
52.1272 Approval status.
52.1273 [Reserved]
52.1275 Legal authority.
52.1276 [Reserved]
52.1277 General requirements.
52.1278 Control strategy: Sulfur oxides and particulate matter.
52.1279 [Reserved]
52.1280 Significant deterioration of air quality.
52.1281 Original identification of plan section.

                           Subpart AA_Missouri

52.1319 [Reserved]
52.1320 Identification of plan.
52.1321 Classification of regions.
52.1322 Original identification of plan section.
52.1323 Approval status.
52.1324 [Reserved]
52.1325 Legal authority.
52.1326-52.1334 [Reserved]
52.1335 Compliance schedules.
52.1336-52.1338 [Reserved]
52.1339 Visibility protection.
52.1340 Control strategy: Carbon monoxide.

                           Subpart BB_Montana

52.1370 Identification of plan.
52.1371 Classification of regions.
52.1372 Approval status.
52.1373 Control strategy: Carbon monoxide.
52.1374 Control strategy: Particulate matter.
52.1375 Control strategy: Lead.
52.1376 Extensions.
52.1377 [Reserved]
52.1378 General requirements.
52.1379 Legal authority.
52.1380-52.1381 [Reserved]
52.1382 Prevention of significant deterioration of air quality.
52.1384 Emission control regulations.
52.1385-52.1386 Source surveillance.
52.1387 Visibility protection.
52.1388 Stack height regulations.
52.1389 [Reserved]
52.1390 Missoula variance provision.
52.1391 Emission inventories.

                           Subpart CC_Nebraska

52.1420 Identification of plan.
52.1421 Classification of regions.
52.1422 Approval status.
52.1423 PM10 State implementation plan development in group 
          II areas.
52.1424 Operating permits.
52.1425 Compliance schedules.
52.1426 Original identification of plan section.
52.1427 Operating permits.
52.1428-52.1435 [Reserved]
52.1436 Significant deterioration of air quality.

                            Subpart DD_Nevada

52.1470 Identification of plan.
52.1471 Classification of regions.
52.1472 Approval status.
52.1473 General requirements.
52.1474 Part D conditional approval.
52.1475 Control strategy and regulations: Sulfur oxides.
52.1476 Control strategy: Particulate matter.
52.1477 Nevada air pollution emergency plan.
52.1478 Extensions.
52.1479 Source surveillance.
52.1480-52.1481 [Reserved]
52.1482 Compliance schedules.
52.1483 Malfunction regulations.
52.1484 [Reserved]
52.1485 Significant deterioration of air quality.
52.1486 Control strategy: Hydrocarbons and ozone.
52.1487 Public hearings.
52.1488 Visibility protection.
52.1489 Particulate matter (PM-10) Group II SIP commitments.

[[Page 7]]

                        Subpart EE_New Hampshire

52.1519 Identification of plan--conditional approval.
52.1520 Identification of plan.
52.1521 Classification of regions.
52.1522 Approval status.
52.1523 Attainment dates for national standards.
52.1524 Compliance schedules.
52.1525 EPA-approved New Hampshire state regulations.
52.1526 [Reserved]
52.1527 Rules and regulations.
52.1528 Control strategy: Carbon monoxide.
52.1529 Significant deterioration of air quality.
52.1530 Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.1531 Visibility protection.
52.1532 Stack height review.
52.1533 Emission inventories.
52.1534 Control strategy: Ozone.

                          Subpart FF_New Jersey

52.1570 Identification of plan.
52.1571 Classification of regions.
52.1572 Extensions.
52.1573 Approval status.
52.1574 General requirements.
52.1575 Legal authority.
52.1576 Control strategy: Nitrogen dioxide.
52.1577 Compliance schedules.
52.1578 Review of new sources and modifications.
52.1579 Intergovernmental cooperation.
52.1580 Conditional approval.
52.1581 Control strategy: carbon monoxide.
52.1582 Control strategy and regulations: Ozone.
52.1583 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1584-52.1600 [Reserved]
52.1601 Control strategy and regulations: Sulfur oxides.
52.1602 [Reserved]
52.1603 Significant deterioration of air quality.
52.1604 Control strategy and regulations: Total suspended particulates.
52.1605 EPA-approved New Jersey regulations.
52.1606 Visibility protection.
52.1607 Small business technical and environmental compliance assistance 
          program.

                          Subpart GG_New Mexico

52.1620 Identification of plan.
52.1621 Classification of regions.
52.1622 Approval status.
52.1623 Conditional approval.
52.1624-52.1626 [Reserved]
52.1627 Control strategy and regulations: Carbon monoxide.
52.1628-52.1633 [Reserved]
52.1634 Significant deterioration of air quality.
52.1635 Rules and regulations.
52.1636 Visibility protection.
52.1637 Particulate Matter (PM10) Group II SIP commitments.
52.1638 Bernalillo County particulate matter (PM10) Group II 
          SIP commitments.
52.1639 Prevention of air pollution emergency episodes.
52.1640 Original identification of plan section.

                           Subpart HH_New York

52.1670 Identification of plans.
52.1671 Classification of regions.
52.1672 Extensions.
52.1673 Approval status.
52.1674 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.1675 Control strategy and regulations: Sulfur oxides.
52.1676 Control strategy: Nitrogen dioxide.
52.1677 Compliance schedules.
52.1678 Control strategy and regulations: Particulate matter.
52.1679 EPA-approved New York State regulations.
52.1680 Control strategy: Monitoring and reporting.
52.1681 Control strategy: Lead.
52.1682 Control strategy: Carbon monoxide.
52.1683 Control strategy: Ozone.
52.1684-52.1688 [Reserved]
52.1689 Significant deterioration of air quality.
52.1690 Small business technical and environmental compliance assistance 
          program.

                        Subpart II_North Carolina

52.1770 Identification of plan.
52.1771 Classification of regions.
52.1772 Approval status.
52.1773-52.1774 [Reserved]
52.1775 Rules and regulations.
52.1776-52.1777 [Reserved]
52.1778 Significant deterioration of air quality.
52.1779 [Reserved]
52.1780 VOC rule deficiency correction.
52.1781 Control strategy: Sulfur oxides and particulate matter.
52.1783 Original identification of plan section.

                         Subpart JJ_North Dakota

52.1820 Identification of plan.
52.1821 Classification of regions.
52.1822 Approval status.
52.1823 [Reserved]

[[Page 8]]

52.1824 Review of new sources and modifications.
52.1825-52.1828 [Reserved]
52.1829 Prevention of significant deterioration of air quality.
52.1831 Visibility protection.
52.1832 Stack height regulations.
52.1833 [Reserved]
52.1834 Minor source permit to operate program.
52.1835 Change to approved plan.
52.1836 Change to approved plan.

                             Subpart KK_Ohio

52.1870 Identification of plan.
52.1871 Classification of regions.
52.1872 [Reserved]
52.1873 Approval status.
52.1874 [Reserved]
52.1875 Attainment dates for achieving the sulfur dioxide secondary 
          standard.
52.1876 Control strategy: Nitrogen dioxide.
52.1877 Control strategy: Photochemical oxidants (hydrocarbons).
52.1878 [Reserved]
52.1879 Review of new sources and modifications.
52.1880 Control strategy: Particulate matter.
52.1881 Control strategy: Sulfur oxides (sulfur dioxide).
52.1882 Compliance schedules.
52.1883 [Reserved]
52.1884 Significant deterioration of air quality.
52.1885 Control strategy: Ozone.
52.1886 [Reserved]
52.1887 Control strategy: Carbon monoxide.
52.1888 Operating permits.
52.1889 Small business stationary source technical and environmental 
          compliance assistance program.
52.1890 Removed control measures.
52.1919 Identification of plan-conditional approval.

                           Subpart LL_Oklahoma

52.1920 Identification of plan.
52.1921 Classification of regions.
52.1922 Approval status.
52.1923-52.1928 [Reserved]
52.1929 Significant deterioration of air quality.
52.1930 [Reserved]
52.1931 Petroleum storage tank controls.
52.1932-52.1933 [Reserved]
52.1934 Prevention of air pollution emergency episodes.
52.1935 Small business assistance program.
52.1960 Original Identification of plan section.

                            Subpart MM_Oregon

52.1970 Identification of plan.
52.1971 Classification of regions.
52.1972 Approval status.
52.1973 Approval of plans.
52.1974-52.1976 [Reserved]
52.1977 Content of approved State submitted implementation plan.
52.1978-52.1981 [Reserved]
52.1982 Control strategy: Ozone.
52.1983-52.1986 [Reserved]
52.1987 Significant deterioration of air quality.
52.1988 Air contaminant discharge permits.

                         Subpart NN_Pennsylvania

52.2020 Identification of plan.
52.2021 Classification of regions.
52.2022 Extensions.
52.2023 Approval status.
52.2024 General requirements.
52.2025 Legal authority.
52.2026 [Reserved]
52.2027 Approval status of Pennsylvania's Generic NOX and VOC 
          RACT Rules.
52.2028-52.2029 [Reserved]
52.2030 Source surveillance.
52.2031 [Reserved]
52.2032 Intergovernmental cooperation.
52.2033 Control strategy: Sulfur oxides.
52.2034 Attainment dates for national standards.
52.2035 Photochemical Assessment Monitoring Stations (PAMS) Program.
52.2036 1990 base year emission inventory.
52.2037 Control strategy plans for attainment and rate-of-progress: 
          Ozone.
52.2038 Rate of Progress Plans: Ozone.
52.2039-52.2053 [Reserved]
52.2054 Control of asphalt paving material.
52.2055 Review of new sources and modifications.
52.2056 [Reserved]
52.2057 Requirements for State implementation plan revisions relating to 
          new motor vehicles.
52.2058 Prevention of significant air quality deterioration.
52.2059 Control strategy: Particulate matter.
52.2060 Small Business Assistance Program.
52.2061 Operating permits.
52.2062 Plan approvals.

                         Subpart OO_Rhode Island

52.2070 Identification of plan.
52.2071 Classification of regions.
52.2072 Approval status.
52.2073 General requirements.
52.2074 Legal authority.
52.2075 Source surveillance.
52.2076 Attainment dates for national standards.
52.2078 Enforcement.
52.2079 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.2080 Revisions.

[[Page 9]]

52.2081 EPA-approved Rhode Island State regulations.
52.2082 [Reserved]
52.2083 Significant deterioration of air quality.
52.2084 Rules and regulations.
52.2085 Stack height review.
52.2086 Emission inventories.
52.2087 Original identification of plan section.
52.2088 Control strategy: Ozone

                        Subpart PP_South Carolina

52.2120 Identification of plan.
52.2121 Classification of regions.
52.2122 Approval status.
52.2124 Legal authority.
52.2125 [Reserved]
52.2126 VOC rule deficiency correction.
52.2127-52.2129 [Reserved]
52.2130 Control strategy: Sulfur oxides and particulate matter.
52.2131 Significant deterioration of air quality.
52.2132 Visibility protection.
52.2133 General conformity.
52.2134 Original identification of plan section.

                         Subpart QQ_South Dakota

52.2170 Identification of plan.
52.2171 Classification of regions.
52.2172 Approval status.
52.2173 Legal authority.
52.2174-52.2177 [Reserved]
52.2178 Significant deterioration of air quality.
52.2179 Visibility protection.
52.2180 Stack height regulations.
52.2181 [Reserved]
52.2182 PM10 Committal SIP.
52.2183 Variance provision.
52.2184 Operating permits for minor sources.
52.2185 Change to approved plan.

                          Subpart RR_Tennessee

52.2219 [Reserved]
52.2220 Identification of plan.
52.2221 Classification of regions.
52.2222 Approval status.
52.2223 Compliance schedules.
52.2224 Legal authority.
52.2225 VOC rule deficiency correction.
52.2226 Extensions.
52.2227 Prevention of air pollution emergency episodes.
52.2228 Review of new sources and modifications.
52.2229 Rules and regulations.
52.2230 Attainment dates for national standards.
52.2231 Control strategy: Sulfur oxides and particulate matter.
52.2232 [Reserved]
52.2233 Significant deterioration of air quality.
52.2234 Visibility protection.
52.2235 Control strategy: Ozone.
52.2236 Control strategy; lead.
52.2237 NOX RACT and NOX conformity exemption.
52.2238 [Reserved]
52.2239 Original identification of plan section.

                            Subpart SS_Texas

52.2270 Identification of plan.
52.2271 Classification of regions.
52.2272 [Reserved]
52.2273 Approval status.
52.2274 General requirements.
52.2275 Control strategy and regulations: Ozone.
52.2276 Control strategy and regulations: Particulate matter.
52.2277-52.2281 [Reserved]
52.2282 Public hearings.
52.2283-52.2284 [Reserved]
52.2285 Control of evaporative losses from the filling of gasoline 
          storage vessels in the Houston and San Antonio areas.
52.2286 Control of evaporative losses from the filling of gasoline 
          storage vessels in the Dallas-Fort Worth area.
52.2287-52.2298 [Reserved]
52.2299 Original identification of plan section.
52.2300 [Reserved]
52.2301 Federal compliance date for automobile and light-duty truck 
          coating. Texas Air Control Board Regulation V (31 TAC chapter 
          115), control of air pollution from volatile organic compound, 
          rule 115.191(1)(8)(A).
52.2302 [Reserved]
52.2303 Significant deterioration of air quality.
52.2304 Visibility protection.
52.2305 [Reserved]
52.2306 Particulate Matter (PM10) Group II SIP commitments.
52.2307 Small business assistance program.
52.2308 Area-wide nitrogen oxides (NOX) exemptions.
52.2309 Emissions inventories.
52.2311 Motor vehicle antitampering.

                             Subpart TT_Utah

52.2320 Identification of plan.
52.2321 Classification of regions.
52.2322 Extensions.
52.2323 Approval status.
52.2324-52.2330 [Reserved]
52.2331 Attainment dates for national standards.
52.2332 Control Strategy: Ozone.
52.2333 Legal authority.
52.2334-52.2345 [Reserved]
52.2346 Significant deterioration of air quality.

[[Page 10]]

52.2347 Stack height regulations.
52.2348 National Highway Systems Designation Act Motor Vehicle 
          Inspection and Maintenance (I/M) Programs.
52.2350 Emission inventories.
52.2351 Area-wide nitrogen oxides (NOX) exemption.
52.2352 Change to approved plan.
52.2353 Control strategy: Carbon monoxide.

                           Subpart UU_Vermont

52.2370 Identification of plan.
52.2371 Classification of regions.
52.2372 Approval status.
52.2373 Legal authority.
52.2374 General requirements.
52.2375 Attainment dates for national standards.
52.2377 Review of new sources and modifications.
52.2378 Certification of no facilities.
52.2379 [Reserved]
52.2380 Significant deterioration of air quality.
52.2381 EPA-approved Vermont State regulations.
52.2382 Rules and regulations.
52.2383 Visibility protection.
52.2384 Stack height review.
52.2385 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.2386 Original identification of plan section.

                           Subpart VV_Virginia

52.2420 Identification of plan.
52.2421 Classification of regions.
52.2422 [Reserved]
52.2423 Approval status.
52.2424 Motor vehicle emissions budgets.
52.2425 1990 Base Year Emission Inventory.
52.2426 Photochemical Assessment Monitoring Stations (PAMS) Program.
52.2427 Source surveillance.
52.2428 Control Strategy: Carbon monoxide and ozone.
52.2429 Extensions.
52.2430-52.2432 [Reserved]
52.2433 Intergovernmental cooperation.
52.2434-52.2435 [Reserved]
52.2436 Rules and regulations.
52.2437-52.2449 [Reserved]
52.2450 Conditional approval.
52.2451 Significant deterioration of air quality.
52.2452 Visibility protection.
52.2453 Requirements for state implementation plan revisions relating to 
          new motor vehicles.
52.2454 Prevention of significant deterioration of air quality for Merck 
          & Co., Inc.'s Stonewall Plant in Elkton, VA.
52.2460 Small business stationary source technical and environmental 
          compliance assistance program.
52.2465 Original identification of plan section.

                          Subpart WW_Washington

52.2470 Identification plan.
52.2471 Classification of regions.
52.2472 Extensions.
52.2473 Approval status.
52.2474 General requirements.
52.2475 Approval of plans.
52.2476 Discretionary authority.
52.2477-52.2478 [Reserved]
52.2479 Contents of the federally approved, State submitted 
          implementation plan.
52.2480-52.2494 [Reserved]
52.2495 Voluntary limits on potential to emit.
52.2496 [Reserved]
52.2497 Significant deterioration of air quality.
52.2498 Visibility protection.

                        Subpart XX_West Virginia

52.2520 Identification of plan.
52.2521 Classification of regions.
52.2522 Approval status.
52.2523 Attainment dates for national standards.
52.2524 Compliance schedules.
52.2525 Control strategy: Sulfur dioxide.
52.2526 Control strategy: Particulate matter.
52.2527 [Reserved]
52.2528 Significant deterioration of air quality.
52.2529-52.2530 [Reserved]
52.2531 1990 base year emission inventory.
52.2532 [Reserved]
52.2533 Visibility protection.
52.2534 Stack height review.
52.2560 Small business technical and environmental compliance assistance 
          program.

                          Subpart YY_Wisconsin

52.2569 Identification of plan--conditional approval.
52.2570 Identification of plan.
52.2571 Classification of regions.
52.2572 Approval status.
52.2573 General requirements.
52.2574 Legal authority.
52.2575 Control strategy: Sulfur dioxide.
52.2576 [Reserved]
52.2577 Attainment dates for national standards.
52.2578 Compliance schedules.
52.2579-52.2580 [Reserved]
52.2581 Significant deterioration of air quality.
52.2582-52.2583 [Reserved]
52.2584 Control strategy; Particulate matter.
52.2585 Control strategy: Ozone.

[[Page 11]]

52.2586 Small business stationary source technical and environmental 
          compliance assistance program.

                           Subpart ZZ_Wyoming

52.2620 Identification of plan.
52.2621 Classification of regions.
52.2622 Approval status.
52.2623-52.2624 [Reserved]
52.2625 Compliance schedules.
52.2626-52.2629 [Reserved]
52.2630 Prevention of significant deterioration of air quality.
52.2631 [Reserved]
52.2632 Visibility protection. [Reserved]
52.2633 Stack height regulations.
52.2634 Correction of approved plan.

                            Subpart AAA_Guam

52.2670 Identification of plan.
52.2671 Classification of regions.
52.2672 Approval status.
52.2673-52.2675 [Reserved]
52.2676 Significant deterioration of air quality.
52.2677 [Reserved]
52.2678 Control strategy and regulations: Particulate matter.
52.2679 Control strategy and regulations: Sulfur dioxide.
52.2680-52.2681 [Reserved]
52.2682 Air quality surveillance.
52.2683 [Reserved]
52.2684 Source surveillance.
52.2685 [Reserved]
52.2686 Upset-breakdown reporting.

                         Subpart BBB_Puerto Rico

52.2720 Identification of plan.
52.2721 Classification of regions.
52.2722 Approval status.
52.2723 EPA--approved Puerto Rico regulations.
52.2724 [Reserved]
52.2725 General requirements.
52.2726 Legal authority.
52.2727-52.2728 [Reserved]
52.2729 Significant deterioration of air quality.
52.2730 [Reserved]
52.2731 Control strategy and regulations: Sulfur oxides.
52.2732 Small business technical and environmental compliance assistance 
          program.

                       Subpart CCC_Virgin Islands

52.2770 Identification of plan.
52.2771 Classification of regions.
52.2772 Approval status.
52.2773 EPA-approved Virgin Islands regulations.
52.2774 [Reserved]
52.2775 Review of new sources and modifications.
52.2776-52.2778 [Reserved]
52.2779 Significant deterioration of air quality.
52.2780 Control strategy for sulfur oxides.
52.2781 Visibility protection.
52.2782 Small business technical and environmental compliance assistance 
          program.

                       Subpart DDD_American Samoa

52.2820 Identification of plan.
52.2821 Classification of regions.
52.2822 Approval status.
52.2823 [Reserved]
52.2824 Review of new sources and modifications.
52.2825-52.2826 [Reserved]
52.2827 Significant deterioration of air quality.

             Subpart EEE_Approval and Promulgation of Plans

52.2850 Approval and promulgation of implementation plans.

        Subpart FFF_Commonwealth of the Northern Mariana Islands

52.2900 Negative declaration.
52.2920 Identification of plan.

Appendixes A-C to Part 52 [Reserved]
Appendix D to Part 52--Determination of Sulfur Dioxide Emissions from 
          Stationary Sources by Continuous Monitors
Appendix E to Part 52--Performance Specifications and Specification Test 
          Procedures for Monitoring Systems for Effluent Stream Gas 
          Volumetric Flow Rate
Appendix F to Part 52--Clean Air Act Section 126 Petitions From Eight 
          Northeastern States: Named Source Categories and Geographic 
          Coverage



                             Subpart U_Maine



Sec. 52.1020  Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Achievement of 
National Air Quality Standards.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory changes to the plan submitted on 
March 17, 1972, by the Environmental Improvement Commission for the 
State of Maine.

[[Page 12]]

    (2) Regulation 10.8.4(g) establishing compliance schedules for 
sources in Maine submitted on July 28, 1972, by the Environmental 
Improvement Commission for the State of Maine.
    (3) A revision removing fuel burning sources with a maximum heat 
input from three million up to 10 million BTU/hr from the particulate 
matter control strategy submitted on March 29, 1973, by the Governor.
    (4) Changes in the Open Burning Regulation 100.2 submitted on 
September 4, 1973, by the State of Maine Department of Environmental 
Protection.
    (5) An AQMA proposal submitted on June 26, 1974, by the Governor.
    (6) Revision to incinerator particulate emission standard, submitted 
on August 26, 1976 by the Commissioner of the Maine Department of 
Environmental Protection, which would exempt woodwaste cone burners from 
the plan until 1980.
    (7) Revision to incinerator particulate emission standard, submitted 
on November 18, 1976 by the Commissioner of the Maine Department of 
Environmental Protection, which would exempt municipal waste cone 
burners from the plan.
    (8) Revision to open burning regulation submitted on December 7, 
1976 by the Commissioner of the Maine Department of Environmental 
Protection.
    (9) Revisions to Chapter 5--State Implementation Plan Air Quality 
Surveillance, and Chapter 6--Revision of New Sources and Modifications, 
submitted by the Governor on March 10, 1978.
    (10) Plans to meet various requirements of the Clean Air Act, 
including Part C, were submitted on May 1, 1979, October 26, 1979 and 
December 20, 1979. Included in the revisions is a plan for review of 
construction and operation of new and modified major stationary sources 
of pollution in attainment areas.
    (11) Attainment plans to meet the requirements of Part D and the 
Clean Air Act, as amended in 1977, were submitted on May 1, 1979; 
October 26, 1979; December 20, 1979; July 9, 1980; July 31, 1980; 
December 18, 1980; March 17, 1981. Included are plans to attain: The 
secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; the 
primary and secondary SO2 standard for Millinocket; the 
carbon monoxide standard for Lewiston and Bangor and the ozone standard 
for AQCRS 107 and 110. A program was also submitted for the review of 
construction and operation of new and modified major stationary sources 
of pollution in non-attainment areas. Certain miscellaneous provisions 
are also included.
    (12) A plan to provide for public involvement in federally funded 
air pollution control activities was submitted on May 28, 1980.
    (13) Revisions to Chapter 5--State Implementation Plan--Air Quality 
Surveillance, intended to meet requirements of 40 CFR part 58, were 
submitted by the Commissioner of the Maine Department of Environmental 
Protection on July 1, 1980.
    (14) Revisions to attain and maintain the NAAQS for lead were 
submitted on August 7, and November 5, 1980.
    (15) A revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel 
Regulation'' for the Metropolitan Portland Air Quality Control Region, 
submitted by the Governor of Maine on August 25, 1977.
    (16) Department Regulation Chapter 112, Petroleum Liquid Transfer 
Vapor Recovery, is amended to exempt the town of Searsport, Maine from 
this regulation. This amendment was submitted by Henry E. Warren, 
Commissioner of the Department of Environmental Protection on October 
23, 1981, in order to meet Part D requirements for ozone.
    (17) Regulatory revisions to the plan containing changes to Chapter 
101 ``Visible Emissions Regulation'' submitted August 7, 1980.
    (18) On May 12, 1982 and February 11, 1983 the Maine Department of 
Environmental Protection submitted an emission limit contained in an air 
emissions license which requires Pioneer Plastics, Auburn, Maine to 
reduce its volatile organic compound emissions by at least 85%.
    (19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the 
Maine Department of Environmental Protection submitted revisions to 
Chapter 103 ``Fuel Burning Equipment Particulate Emission Standard.''

[[Page 13]]

    (20) A plan to attain the primary TSP standard in Lincoln, 
consisting of particulate emission limitations contained in an air 
emission license issued to the Lincoln Pulp and Paper Company, Inc., 
submitted by the Commissioner of the Maine Department of Environmental 
Protection on December 18, 1984.
    (21) A revision to approve the deletion of Thomaston from the list 
of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter 
113, submitted by the Commissioner on February 20, 1986.
    (22) Revision to federally-approved regulation Chapter 112, 
Petroleum Liquids Transfer Vapor Recovery [originally approved on 
February 19, 1980, see paragraph (c)(11), of this section, was submitted 
on August 4, 1986, by the Department of Environmental Protection.
    (i) Incorporation by reference.
    (A) Regulation Chapter 112(6), Emission Testing, is amended by 
incorporating test methods and procedures as stated in 40 CFR part 60, 
subpart XX, Sec. 60.503 to determine compliance with emission standards 
for volatile organic compound emissions from bulk gasoline terminals. 
This revision to Regulation Chapter 112(6) became effective on July 22, 
1986 in the State of Maine.
    (ii) Additional material. The nonregulatory portions of the state 
submittals.
    (23) [Reserved]
    (24) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 22, 1988.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated August 19, 1988 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 117 of the Maine Department of Environmental Protection 
Air Regulations entitled, ``Source Surveillance,'' effective in the 
State of Maine on August 9, 1988.
    (ii) Additional material.
    (A) Nonregulatory portions of the state submittal.
    (25) Revisions to the Maine State Implementation Plan (SIP) for 
ozone submitted on February 14, 1989 and May 3, 1989 by the Maine 
Department of Environmental Protection (DEP) for its state gasoline 
volatility control program, including any waivers under the program that 
Maine may grant. The control period will begin May 1, 1990.
    (i) Incorporation by reference. Maine Department Regulation chapter 
119, Rules and Regulations of the State of Maine, entitled ``Motor 
Vehicle Fuel Volatility Limit,'' adopted August 10, 1988, amended 
Septemter 27, 1989 and effective October 25, 1989.
    (26) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 27, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 27, 1989 submitting revisions to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental 
Protection's Air Regulations entitled ``Definitions Regulations,'' 
except for the definition of volatile organic compounds in Chapter 
100(76) which is being incorporated by reference in 40 CFR 
52.1020(c)(27). This regulation was effective in the State of Maine on 
October 3, 1989. Note, the definition of fuel burning equipment in 
Chapter 100(29) is not part of Maine's submittal.
    (C) Chapter 110 except for Chapter 110(2) which is being 
incorporated by reference in 40 CFR 52.1020(c)(27), Chapter 113, Chapter 
114 except for Chapter 114(II) and (III) which are being incorporated by 
reference in 40 CFR 52.1020(c)(27), Chapter 115, and Chapter 116 of the 
Maine Department of Environmental Protection's Air Regulations entitled, 
``Ambient Air Quality Standards,'' ``Growth Offset Regulation,'' 
``Classification of Air Quality Control Regions,'' ``Emission License 
Regulations,'' and ``Prohibited Dispersion Techniques,'' respectively. 
These regulations were effective in the State of Maine on October 25, 
1989. Chapter 108, originally approved on January 30, 1980 and February 
19, 1980 in paragraphs (c)(10) and (c)(11) of this section, is being 
withdrawn and replaced with Chapter 115.

[[Page 14]]

    (D) Portions of Chapter 1 entitled ``Regulations for the Processing 
of Applications,'' effective in the State of Maine on February 8, 1984.
    (ii) Additional materials.
    (A) A State Implementation Plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Letter dated May 1, 1989 from the Maine Department of 
Environmental Protection regarding implementation of BACT.
    (C) Nonregulatory portions of the state submittal.
    (27) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 31, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 31, 1989 submitting revisions to the Maine State 
Implementation Plan.
    (B) The definition of volatile organic compounds in Chapter 100(76) 
of the Maine Department of Environmental Protection's ``Definitions 
Regulations'' effective in the State of Maine on October 3, 1989.
    (C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine 
Department of Environmental Protection's ``Ambient Air Quality 
Standards'' and ``Classification of Air Quality Control Regions'' 
Regulations effective in the State of Maine on October 25, 1989. Note 
that Millinocket remains designated as a nonattainment area for 
SO2 until redesignated at 40 CFR 51.320.
    (ii) Additional materials.
    (A) A State Implementation Plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Nonregulatory portions of the state submittal.
    (28) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 14 and October 
22, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated August 14 and October 22, 1991 submitting revisions to the Maine 
State Implementation Plan.
    (B) Revisions to Chapter 109 of the Maine Department of 
Environmental Protection Regulations, ``Emergency Episode Regulations,'' 
effective in the State of Maine on September 16, 1991.
    (C) Part B of the Memorandum of Understanding which the Maine 
Department of Environmental Protection (DEP) entered into (and 
effective) on March 11, 1991, with the City of Presque Isle, and the 
Maine Department of Transportation.
    (ii) Additional materials.
    (A) An attainment plan and demonstration which outlines Maine's 
control strategy for attainment of the PM10 NAAQS and implements and 
meets RACM and RACT requirements for Presque Isle.
    (B) Nonregulatory portions of the submittal.
    (29) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 16, 1990, September 
5, 1990, and November 2, 1990.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting 
revisions to the Maine State Implementation Plan.
    (B) The definitions of actual emissions, baseline concentration, and 
fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's 
``Definitions Regulation,'' Chapter 110(10) (except for Chapter 
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,'' 
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter 
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's ``Emission 
License Regulations,'' effective in the State of Maine on July 10, 1990. 
Note that the revised state statute which contains the underlying 
authority to implement the NO2 increments became effective on 
July 14, 1990.
    (ii) Additional materials.
    (A) A state implementation plan narrative contained in Chapter 6 
entitled ``Review of New Sources and Modifications.''
    (B) Nonregulatory portions of the state submittal.

[[Page 15]]

    (30) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on September 29, 1989, 
December 5, 1989 and June 3, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated September 29, 1989, and June 3, 1991 submitting a revision to the 
Maine State Implementation Plan.
    (B) Chapter 111 ``Petroleum Liquid Storage Vapor Control'' and 
Chapter 123 ``Paper Coater Regulation,'' effective in the state of Maine 
on October 3, 1989.
    (C) Chapter 112 ``Petroleum Liquid Transfer Vapor Recovery,'' 
effective in the State of Maine on June 9, 1991.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 3, 1991 documenting the December 1990 survey conducted to 
satisfy the 5 percent demonstration requirement in order to justify the 
3500 gallon capacity cut-off in chapter 112.
    (B) Letter from the Maine Department of Environmental Protection 
dated December 5, 1989 requesting the withdrawal of operating permits 
for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer 
Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11) 
and (c)(18).
    (C) Nonregulatory portions of the submittal.
    (31) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on April 20, 1992.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated April 8, 1992 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 100(54)(b) ``particulate matter emissions,'' Chapter 
100(57)(b) ``PM10 emissions,'' and revisions to Chapter 
100(28) ``federally enforceable'' and to Chapter 100(76) ``volatile 
organic compound (VOC)'' effective in the State of Maine on January 18, 
1992.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (32) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 5, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 3, 1991 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 126 of the Maine Department of Environmental Protection 
Regulations, ``Capture Efficiency Test Procedures'' effective in the 
State of Maine on June 9, 1991.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (33) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on January 8, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated January 8, 1993, submitting a revision to the Maine State 
Implementation Plan.
    (B) Revised Chapter 100 of the Maine Department of Environmental 
Protection Regulations, ``Definitions'' effective in the State of Maine 
on February 10, 1993.
    (C) Chapter 129 of the Maine Department of Environmental Protection 
Regulations, ``Surface Coating Facilities'' effective in the State of 
Maine on February 10, 1993.
    (D) Chapter 130 of the Maine Department of Environmental Protection 
Regulations, ``Solvent Degreasers'' effective in the State of Maine on 
February 10, 1993.
    (E) Chapter 131 of the Maine Department of Environmental Protection 
Regulations, ``Cutback and Emulsified Asphalt'' effective in the State 
of Maine on February 10, 1993.
    (F) Chapter 132 of the Maine Department of Environmental Protection 
Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in 
the State of Maine on February 10, 1993.
    (G) Appendix A ``Volatile Organic Compounds Test Methods and 
Compliance Procedures'' incorporated into Chapters 129 and 132 of the 
Maine Department of Environmental Protection Regulations, effective in 
the State of Maine on February 10, 1993.

[[Page 16]]

    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (34) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on January 3, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated January 3, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Revised Chapter 100 of the Maine Department of Environmental 
Protection Regulations, ``Definitions'' effective in the State of Maine 
on December 12, 1993.
    (C) Chapter 137 of the Maine Department of Environmental Protection 
Regulations, ``Emission Statements'' effective in the State of Maine on 
December 12, 1993.
    (ii) Additional Information.
    (A) Nonregulatory portions of the submittal.
    (35) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 3, 1991, November 
25, 1991, and July 6, 1994.
    (i) Incorporation by reference.
    (A) Letters from the Maine Department of Environmental Protection 
dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a 
revision to the Maine State Implementation Plan.
    (B) Chapter 120 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Tank Truck Tightness Self-Certification,'' 
effective in the State of Maine on July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (36) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 6, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 6, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions,'' effective in the State of Maine on July 
11, 1994, with the exception of the definitions of the following terms: 
``curtailment,'' ``federally enforceable,'' ``major modification,'' `` 
major source,'' ``nonattainment pollutant,'' ``shutdown,'' ``significant 
emissions,'' and ``significant emissions increase.''
    (C) Chapter 112 of the Maine Department of Environmental Protection 
Regulations, ``Petroleum Liquids Transfer Vapor Recovery,'' effective in 
the State of Maine on July 11, 1994.
    (D) Chapter 118 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective 
in the State of Maine on July 11, 1994.
    (E) Chapter 133 of the Maine Department of Environmental Protection 
Regulations, ``Petroleum Liquids Transfer Vapor Recovery at Bulk 
Gasoline Plants,'' effective in the State of Maine on July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (37) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 12, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Maine's Chapter 100 entitled, ``Definition Regulations.'' This 
regulation was effective in the State of Maine on July 11, 1994.
    (C) Maine's Chapter 113 entitled, ``Growth Offset Regulation.'' This 
regulation was effective in the State of Maine on July 11, 1994.
    (D) Maine's Chapter 115 entitled, ``Emission License Regulation,'' 
except for Section 115(VII)(E) of this Chapter and all references to 
this Section. This regulation was effective in the State of Maine on 
July 11, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (38) Revisions to the State Implementation Plan establishing a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program were submitted by the Maine

[[Page 17]]

Department of Environmental Protection on July 7, and August 16, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 7, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Revisions to the State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
    (C) Letter from the Maine Department of Environmental Protection 
dated August 16, 1994 submitting a corrected page to the July 12, 1994 
SIP revision.
    (39) [Reserved]
    (40) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 1, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated June 1, 1994 submitting revisions to the Maine State 
Implementation Plan.
    (B) Revisions to Chapter 114 of the Maine Department of 
Environmental Protection Regulations, ``Classification of Air Quality 
Control Regions,'' adopted by the Board of Environmental Protection on 
April 27, 1994 and accepted by the Secretary of State with an effective 
date of May 9, 1994.
    (C) Revisions to Part B of the Memorandum of Understanding which the 
Maine Department of Environmental Protection (DEP) entered into (and 
effective) on May 25, 1994, with the City of Presque Isle, and the Maine 
Department of Transportation.
    (ii) Additional materials.
    (A) A maintenance demonstration and contingency plan which outline 
Maine's control strategy for maintenance of the PM10 NAAQS 
and contingency measures and provision for Presque Isle.
    (B) Nonregulatory portions of the submittal.
    (41) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 5, 1994 related 
to NOX controls in Oxford, Franklin, Somerset, Piscataquis, 
Penobscot, Washington, Aroostook, Hancock and Waldo Counties.
    (i) Incorporation by reference.
    (A) A Letter from the Maine Department of Environmental Protection 
dated August 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 138 of the Maine DEP's regulations, ``Reasonably 
Available Control Technology for Facilities that Emit Nitrogen Oxides'' 
for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot, 
Washington, Aroostook, Hancock and Waldo Counties (excepted portions 
include Sections 1.A.1. and 3.B.). This rule was effective August 3, 
1994.
    (42) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 24, 1995.
    (i) Incorporation by reference.
    (A) Two letters from the Maine Department of Environmental 
Protection dated July 24, 1995 submitting revisions to the Maine State 
Implementation Plan.
    (B) Chapter 100 of the Maine Department of Environmental Protection 
Regulations, ``Definitions Regulation,'' definition of ``volatile 
organic compounds (VOC)'' effective in the State of Maine on July 25, 
1995.
    (C) Chapter 112 of the Maine Department of Environmental Protection 
Regulations, ``Bulk Terminal Petroleum Liquid Transfer Requirements,'' 
effective in the State of Maine on July 25, 1995.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (43) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 24, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 24, 1995 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 118 of the Maine Department of Environmental Protection 
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective 
in the State of Maine on July 25, 1995.

[[Page 18]]

    (ii) Additional materials
    (A) Letter from the Maine Department of Environmental Protection 
dated May 6, 1996.
    (B) Nonregulatory portions of the submittal.
    (44) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 11, 1996.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated October 11, 1996 submitting a revision to the Maine State 
Implementation Plan.
    (B) Chapter 141 of the Maine Department of Environmental Protection 
Air Regulation entitled, ``Conformity of General Federal Actions,'' 
effective in the State of Maine on September 28, 1996.
    (45) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on April 28, 1995, January 
10, 1996, July 1, 1997, October 9, 1997, November 14, 1997, and December 
10, 1997.
    (i) Incorporation by reference.
    (A) Chapter 134 of the Maine Department of Environmental Protection 
regulations entitled ``Reasonably Available Control Technology for 
Facilities that Emit Volatile Organic Compounds,'' effective in the 
State of Maine on February 15, 1995, is granted a full approval for the 
following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, 
Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and 
Piscataquis. This rule is granted a limited approval for Washington, 
Somerset, and Penobscot Counties.
    (B) License Amendment 5 issued by the Maine Department of 
Environmental Protection to Prime Tanning Company on July 23, 1997.
    (C) License Amendment 6 issued by the Maine Department of 
Environmental Protection to Prime Tanning Company on October 27, 1997.
    (D) License issued by the Maine Department of Environmental 
Protection to JJ Nissen Baking Company on February 25, 1997.
    (E) License Amendment 4 issued by the Maine Department of 
Environmental Protection to Portsmouth Naval Shipyard on July 25, 1997.
    (F) License issued by the Maine Department of Environmental 
Protection to Dexter Shoe Company on December 5, 1996.
    (G) License Amendment 1 issued by the Maine Department of 
Environmental Protection to Dexter Shoe Company on October 20, 1997.
    (H) License Amendment 3 issued by the Maine Department of 
Environmental Protection to Pioneer Plastics Corporation on June 16, 
1997.
    (I) License Amendment 10 issued by the Maine Department of 
Environmental Protection to Georgia Pacific Corporation on January 4, 
1996.
    (J) License Amendment 5 issued by the Maine Department of 
Environmental Protection to Champion International Corporation on 
January 18, 1996.
    (K) License Amendment 8 issued by the Maine Department of 
Environmental Protection to International Paper Company on October 4, 
1995.
    (L) License Amendment 9 issued by the Maine Department of 
Environmental Protection to International Paper Company on December 13, 
1995.
    (M) License Amendment 6 issued by the Maine Department of 
Environmental Protection to James River Corporation on December 8, 1995.
    (N) License Amendment 8 issued by the Maine Department of 
Environmental Protection to Lincoln Pulp and Paper Co. on December 18, 
1995.
    (O) License Amendment 14 issued by the Maine Department of 
Environmental Protection to S.D. Warren Paper Company's Westbrook, Maine 
facility on December 18, 1995.
    (P) License Amendment 14 issued by the Maine Department of 
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine 
facility on October 4, 1995.
    (Q) License Amendment 15 issued by the Maine Department of 
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine 
facility on January 9, 1996.
    (R) License Amendment 11 issued by the Maine Department of 
Environmental Protection to Boise Cascade Corporation on December 20, 
1995.
    (ii) Additional materials

[[Page 19]]

    (A) Letter from the Maine Department of Environmental Protection 
dated November 15, 1994 stating a negative declaration for the Synthetic 
Organic Chemical Manufacturing Industry Distillation and Reactors 
Control Technique Guideline categories.
    (B) Nonregulatory portions of the submittal.
    (46) Revision to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 5, 1994.
    (i) Incorporation by reference.
    (A) Chapter 138 of the Maine Department of Environmental Protection 
Regulations, ``Reasonably Available Control Technology For Facilities 
That Emit Nitrogen Oxides.'' Affects sources in York, Cumberland, 
Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. This rule 
was adopted and effective in the State of Maine on August 3, 1994.
    (ii) Additional materials.
    (A) Letter from the Maine Department of Environmental Protection 
dated August 5, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (47) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on July 1, 1997, October 9, 
1997, and August 14, 1998.
    (i) Incorporation by reference.
    (A) Air emission license A-388-71-C-A, Amendment 1, 
condition (q); and A-388-71-D-M, amendment 1, conditions 19 and 
23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station 
issued by Maine Department of Environmental Protection on May 18, 1995, 
and February 16, 1996, respectively.
    (B) Air emission licenses A-195-71-G-M, Amendment 1, and A-
195-71-D-A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and 
conditions 12(A), 12(C), (13), (14) and (15) for Tree Free Fiber 
Company, LLC, (formerly Statler Industries Inc.) issued by Maine 
Department of Environmental Protection on June 12, 1996, and, June 16, 
1995, respectively.
    (C) Air emission licenses A-448-72-K-A/R, paragraphs (II)(D)(2), 
(II)(D)(3) and conditions (13)(f) and 14(k); and A-448-71-O-M, Amendment 
2, condition (14)(k), for Pioneer Plastics Corporation issued 
by Maine Department of Environmental Protection on August 23, 1995, and 
March 10, 1997, respectively.
    (D) Air emission license A-188-72-E-A, Amendment 2, 
conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott Paper 
Company issued by Maine Department of Environmental Protection on 
November 15, 1995.
    (E) Air emission license A-416-72-B-A, conditions (l) 1, 2, 3a, 3b, 
3c, 3e, and (m) for The Chinet Company issued by Maine Department of 
Environmental Protection on January 18, 1996.
    (F) Air emission license A-366-72-H-A, Amendment 5, 
conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation--
Food Ingredients Division issued by Maine Department of Environmental 
Protection on February 7, 1996.
    (G) Air emission licenses A-326-72-N-A, Amendment 5, and A-
326-71-P-M, Amendment 7, for Dragon Products Company, Inc., 
issued by Maine Department of Environmental Protection on June 5, 1996, 
and March 5, 1997, respectively.
    (H) Air emission license A-29-71-Y-A, Amendment 13, 
conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company issued by 
Maine Department of Environmental Protection on June 12, 1996.
    (I) Air emission license A-378-72-E-A, Amendment 2, for 
Mid-Maine Waste Action Corporation issued by Maine Department of 
Environmental Protection on October 16, 1996.
    (J) Air emission licenses A-452-71-D-A, Amendment 2, 
conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20; and A-452-71-F-M, 
Amendment 4, condition 4 for Portsmouth Naval Shipyard issued 
by Maine Department of Environmental Protection on October 21, 1996, and 
July 25, 1997, respectively.
    (K) Air emission license A-46-71-L-A, Amendment 4, for 
Maine Energy Recovery Company issued by Maine Department of 
Environmental Protection on November 12, 1996.
    (ii) Additional materials.
    (A) Letters from the Maine Department of Environmental Protection 
dated July 1, 1997, October 9, 1997, and August 14, 1998, submitting 
case-specific NOX RACT determinations.
    (48) Revisions to the State Implementation Plan submitted by the 
Maine

[[Page 20]]

Department of Environmental Protection on November 19, 1998.
    (i) Incorporation by reference.
    (A) ``Maine Motor Vehicle Inspection Manual,'' as revised in 1998, 
pages 1-12 through 1-14, and page 2-14, D.1.g.
    (B) Authorizing legislation effective July 9, 1998 and entitled H.P. 
1594--L.D. 2223, ``An Act to Reduce Air Pollution from Motor Vehicles 
and to Meet Requirements of the Federal Clean Air Act.''
    (ii) Additional material.
    (A) Document entitled ``State of Maine Implementation Plan for 
Inspection/Maintenance'' dated November 11, 1998.
    (B) Letter from the Maine Department of Environmental Protection 
dated November 19, 1998 submitting a revision to the Maine State 
Implementation Plan.
    (49) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on June 7, 2000 and May 29, 
2001.
    (i) Incorporation by reference.
    Maine Chapter 119, entitled ``Motor Vehicle Fuel Volatility Limit'' 
as amended and effective on June 1, 2000.
    (ii) Additional materials:
    (A) Letter from the Maine Department of Environmental Protection 
dated June 7, 2000 submitting Chapter 119 as a revision to the Maine 
State Implementation Plan.
    (B) Letter from the Maine Department of Environmental Protection 
dated May 29, 2001 submitting additional technical support and an 
enforcement plan for Chapter 119 as an amendment to the State 
Implementation Plan.
    (50) [Reserved]
    (51) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on October 11, 2001.
    (i) Incorporation by reference.
    (A) License Amendment 10 issued by the Maine Department of 
Environmental Protection to Bath Iron Works Corporation on April 11, 
2001.
    (B) License Amendment 6 issued by the Maine Department of 
Environmental Protection to Pratt & Whitney on April 26, 2001.
    (C) License Amendment 7 issued by the Maine Department of 
Environmental Protection to Pratt & Whitney on July 2, 2001.
    (D) License Amendment 2 issued by the Maine Department of 
Environmental Protection to Moosehead Manufacturing Co.'s Dover-Foxcroft 
plant on May 10, 2001.
    (E) License Amendment 2 issued by the Maine Department of 
Environmental Protection to Moosehead Manufacturing Co.'sMonson plant on 
May 10, 2001.
    (ii) Additional materials
    (A) Nonregulatory portions of the submittal.
    (52) Revisions to the State Implementation Plan submitted by the 
Maine Department of Environmental Protection on August 23, 1996.
    (i) Incorporation by reference.
    (A) Chapter 110 of the Maine Department of Environmental Protection 
regulations, ``Ambient Air Quality Standards,'' adopted by the Board of 
Environmental Protection on July 24, 1996, and effective August 6, 1996.
    (B) [Reserved]

[37 FR 10870, May 31, 1972]

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



Sec. 52.1021  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Portland Intrastate..........................           I         II       III       III        III
Androscoggin Valley Interstate............................          IA         IA       III       III        III
Down East Intrastate......................................          IA         IA       III       III        III
Aroostook Intrastate......................................         III        III       III       III        III
Northwest Maine Intrastate................................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[[Page 21]]


[37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980]



Sec. 52.1022  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Maine's plan, as identified in Sec. 52.1020, for the 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act.

[45 FR 10774, Feb. 19, 1980, as amended at 60 FR 33734, June 29, 1995]



Sec. 52.1023  Control strategy: Ozone.

    (a) Determination. EPA is determining that, as of July 21, 1995, the 
Lewiston-Auburn ozone nonattainment area has attained the ozone standard 
and that the reasonable further progress and attainment demonstration 
requirements of section 182(b)(1) and related requirements of section 
172(c)(9) of the Clean Air Act do not apply to the area for so long as 
the area does not monitor any violations of the ozone standard. If a 
violation of the ozone NAAQS is monitored in the Lewiston-Auburn ozone 
nonattainment area, these determinations shall no longer apply.
    (b) Determination. EPA is determining that, as of July 21, 1995, the 
Knox and Lincoln Counties ozone nonattainment area has attained the 
ozone standard and that the reasonable further progress and attainment 
demonstration requirements of section 182(b)(1) and related requirements 
of section 172(c)(9) of the Clean Air Act do not apply to the area for 
so long as the area does not monitor any violations of the ozone 
standard. If a violation of the ozone NAAQS is monitored in the Knox and 
Lincoln Counties ozone nonattainment area, these determinations shall no 
longer apply.
    (c) Approval. EPA is approving an exemption request submitted by the 
Maine Department of Environmental Protection on September 7, 1995, for 
the Northern Maine area from the NOX requirements contained 
in Section 182(f) of the Clean Air Act. This approval exempts Oxford, 
Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, 
Hancock and Waldo Counties from the requirements to implement controls 
beyond those approved in Sec. 52.1020(c)(41) for major sources of 
nitrogen oxides (NOX), nonattainment area new source review 
(NSR) for new sources and modifications that are major for 
NOX, and the applicable NOX-related requirements 
of the general and transportation conformity provisions.

[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995]



Sec. 52.1024  Attainment dates for national standards.

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

                              Attainment Dates Established by Clean Air Act of 1990
----------------------------------------------------------------------------------------------------------------
                                                                                 Pollutant
                                                         -------------------------------------------------------
    Air quality control region and nonattainment area             SO2
                                                         --------------------  PM-10     NO2       CO       O3
                                                          Primary  Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 107:
    Androscoggin County.................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Kennebec County.....................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Knox County.........................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Lincoln County......................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Waldo County........................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\d\)
    Oxford Cnty. (Part) See 40 CFR 81.320...............    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\e\)
    Franklin Cnty. (Part) See 40 CFR 81.320.............    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\e\)
    Somerset Cnty. (Part) See 40 CFR 81.320.............    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\e\)
AQCR 108:
    Aroostook Cnty. (Part) See 40 CFR 81.320............    (\a\)     (\b\)     (\c\)    (\a\)    (\a\)    (\a\)
    Remainder of AQCR...................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\a\)
AQCR 109:
    Hancock County......................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\d\)
    Millinocket.........................................    (\e\)     (\e\)     (\a\)    (\a\)    (\a\)    (\a\)
    Remainder of AQCR...................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\a\)
AQCR 110:

[[Page 22]]

 
    York County.........................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Cumberland County...................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Sagadahoc County....................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\g\)
    Oxford Cnty. (Part) See 40 CFR 81.320...............    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)    (\e\)
AQCR 111................................................    (\a\)     (\b\)     (\a\)    (\a\)    (\a\)   (\a\)
----------------------------------------------------------------------------------------------------------------
\a\ Air quality levels presently below primary standards or area is unclassifiable.
\b\ Air quality levels presently below secondary standards or area is unclassifiable.
\c\ 12/31/94.
\d\ 11/15/94 (one-year extension granted).
\e\ 11/15/95.
\g\ 11/15/96.


[60 FR 33352, June 28, 1995]



Sec. 52.1025  Control strategy: Particulate matter.

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

------------------------------------------------------------------------
                                                  Regulation     Date of
           Source                 Location         involved     adoption
------------------------------------------------------------------------
All sources subject to        Maine..........  100.3.1(b).....   3/29/73
 Regulation 100.3.1(b) with
 a maximum heat input from
 three million up to but not
 including ten million Btu
 per hour.
------------------------------------------------------------------------

    (b) The revision to the incinerator particulate emission standard 
submitted on August 26, 1976 is disapproved because of provisions 
therein which would interfere with the attainment and maintenance of 
national ambient air quality standards.
    (c) The revision to the incinerator particulate emission standard 
submitted on November 18, 1976 is disapproved because of provisions 
therein which would interfere with the attainment and maintenance of 
national ambient air quality standards.
    (d) The revision to the open burning regulation submitted on 
December 7, 1976 is disapproved because of provisions therein which 
would interfere with the attainment and maintenance of national ambient 
air quality standards.

[38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978; 
43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982]



Sec. 52.1026  Review of new sources and modifications.

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

[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]



Sec. 52.1027  Rules and regulations.

    (a) Part D--Conditional Approval.
    (b) Non-Part D--No Action. EPA is neither approving nor disapproving 
the following elements of the revisions identified in Sec. 
52.1020(C)(10):
    (1) Intergovernmental consultation.
    (2) Interstate pollution notification requirements.
    (3) Public notification requirements.
    (4) Conflict of Interest requirements.
    (5) Permit fees.

[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]

[[Page 23]]



Sec. 52.1028  [Reserved]



Sec. 52.1029  Significant deterioration of air quality.

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

[45 FR 6786, Jan. 30, 1980]



Sec. 52.1030  Control strategy: Sulfur oxides.

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

[47 FR 948, Jan. 8, 1982]



Sec. 52.1031  EPA-approved Maine regulations.

    The following table identifies the State regulations which have been 
submitted to and approved by EPA as revisions to the Maine State 
Implementation Plan. This table is for informational purposes only and 
does not have any independent regulatory effect. To determine regulatory 
requirements for a specific situation consult the plan identified in 
Sec. 52.1020. To the extent that this table conflicts with Sec. Sec. 
52.1020, 52.1020 governs.

                                Table 52.1031--EPA-Approved Rules and Regulations
----------------------------------------------------------------------------------------------------------------
                                  Date        Date
   State       Title/Subject   adopted by   approved    Federal Register    52.1020
  citation                        State      by EPA         citation
----------------------------------------------------------------------------------------------------------------
Chapter:
  1........  Regulations for     02/08/84    03/23/93  58 FR 15430......  (c)(26)...  Portions of chapter 1.
              the Processing
              of
              Applications..
  100......  ................      5/7/79      1/3/80  45 FR 6784.......  (c)(10)...  PSD Plan Only.
  100......  Definitions         12/24/79     2/19/80  45 FR 10766......  (c)(11)...  ..........................
              Regulations.
                                   2/6/80                                             ..........................
  100......  Definitions.....     10/3/89     3/23/93  58 FR 15430......  (c)(26)...  All except for the
                                                                                       definition of VOC in
                                                                                       chapter 100(76). Note
                                                                                       that this definition is
                                                                                       approved in another
                                                                                       paragraph below. In
                                                                                       addition, Maine withdrew
                                                                                       the definition of fuel
                                                                                       burning equipment in
                                                                                       chapter 100(29) from its
                                                                                       SIP submittal. This
                                                                                       definition is approved in
                                                                                       another paragraph below.
             ................  ..........  ..........  .................  (c)(27)...  Approval of definition of
                                                                                       VOC in chapter 100(76)
                                                                                       only.
  100......  Definitions         11/26/91     6/21/93  58 FR 33768......  (c)(31)...  Revised ``volatile organic
              Regulations.                                                             compound (VOC)'' and
                                                                                       ``federally
                                                                                       enforceable.'' Added
                                                                                       ``particulate matter
                                                                                       emissions'' and ``PM10
                                                                                       emissions.''
  100......  Definitions.....     7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Changes to the following
                                                                                       definitions: Actual
                                                                                       emissions, baseline
                                                                                       concentration and fuel
                                                                                       burning equipment in
                                                                                       Chapter 100(1), (9), and
                                                                                       (29).
  100......  Definitions.....      1/6/93     6/17/94  59 FR 31157......  (c)(33)...  Revised to add definitions
                                                                                       associated with VOC RACT
                                                                                       rules.
  100......  Definitions.....    11/10/93     1/10/95  60 FR 2526.......  (c)(34)...  Revised to add definitions
                                                                                       associated with emission
                                                                                       statement rules.
  100......  Definitions.....     6/22/94     6/29/95  60 FR 33734......  36........  Gasoline marketing
                                                                                       definitions added

[[Page 24]]

 
  100......  Definitions          6/22/94     2/14/96  61 FR 5694.......  (c)(37)...  Addition of 1990 Part D
              Regulation.                                                              NSR and other CAAA
                                                                                       requirements.
  100......  Definitions.....     7/19/95    10/15/96  61 FR 53639......  (c)(42)...  Definition of ``VOC''
                                                                                       revised.
  101......  Visible             10/10/79     2/17/82  47 FR 6829.......  (c)(17)...  ..........................
              Emissions.
  102......  Open Burning....     1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
  103......  Fuel Burning         1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Equipment
              Particulate
              Emission
              Standard.
                                  1/24/83     2/26/85  50 FR 7770.......  (c)(19)...  ..........................
  104......  Incinerator          1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Particulate
              Emission
              Standard.
  105......  General Process      1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Source
              Particulate
              Emission
              Standard.
  106......  Low Sulfur Fuel.     1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
                                  2/08/78      1/8/82  47 FR 947........  (c)(15)...  Revised limits for
                                                                                       Portland Peninsula only.
  107......  Sulfur Dioxide       1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Emission
              Standards for
              Sulfite Pulp
              Mills.
  109......  Emergency            1/31/72     5/31/72  37 FR 10842......  (b).......  ..........................
              Episode
              Regulation.
  109......  Emergency            8/14/91     1/12/95  60 FR 2887.......  (c)(28)...  Revisions which
              Episode                                                                  incorporate the PM10
              Regulation.                                                              alert, warning, and
                                                                                       emergency levels.
  110......  Ambient Air           5/7/79     1/30/80  45 FR 6784.......  (c)(10)...  ..........................
              Quality
              Standards.
  110......  Ambient Air         10/25/89     3/23/93  58 FR 15430......  (c)(26)...  All of chapter 110 except
              Quality                                                                  for chapter 110(2) which
              Standards.                                                               is approved in another
                                                                                       paragraph, below. Note
                                                                                       that Maine did not submit
                                                                                       its Chromium standard in
                                                                                       chapter 110(12) for
                                                                                       approval.
             ................  ..........  ..........  .................  (c)(27)...  Chapter 110(2) only.
  110......  Ambient Air          7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Addition of NO2 increments
              Quality                                                                  for class I and II areas
              Standards.                                                               in Chapter 110(10). Note
                                                                                       that class III increment
                                                                                       in Chapter 110(10)(C)(3)
                                                                                       is not part of submittal.
  110......  Ambient Air          7/24/96     3/22/04  69 FR 13231......  (c)(52)...  Adopts PSD increments
              Quality                                                                  based on PM10, in place
              Standards.                                                               of increments based on
                                                                                       TSP.
  111......  Petroleum Liquid      5/7/79     2/19/80  45 FR 10766......  (c)(11)...  ..........................
              Storage Vapor
              Control.
                                  9/27/89      2/3/92  57 FR 3948.......  (c)(30)...  ..........................
  112......  Petroleum                        2/19/80  45 FR 10766......  (c)(11)...
              Liquids
              Transfer
              Recovery.
                                   5/7/79      3/5/82  47 FR 9462.......  (c)(16)...  Irving Oil, Searsport
                                                                                       exempted.
                                  7/22/86      2/2/87  52 FR 3117.......  (c)(22)...  Bulk Gasoline Terminal
                                                                                       Test methods.
                                  5/22/91      2/3/92  57 FR 3948.......  (c)(30)...  The exemption for Irving
                                                                                       Oil Corporation in
                                                                                       Searsport, Maine
                                                                                       incorporated by reference
                                                                                       at 40 CFR 52.1020(c)(16)
                                                                                       is removed.
  112......  Petroleum            6/22/94     6/29/95  60 FR 33734......  36........  Deleted exemption for tank
              liquids                                                                  trucks less than 3500
              transfer                                                                 gallons.
              recover.
  112......  Gasoline Bulk        7/19/95    10/15/96  61 FR 53639......  (c)(42)...  Emission limit lowered
              Terminals.                                                               from 80 mg/l to 35 mg/l.
  113......  Growth Offset         5/7/79     2/19/80  45 FR 10766......  (c)(11)...  Part of New Source Review
              Regulation.                                                              program.
                                 12/18/85    12/23/86  51 FR 45886......  (c)(21)...  Deletes Thomaston.

[[Page 25]]

 
  113......  Growth Offset       10/25/89     3/23/93  58 FR 15430......  (c)(26)...  ..........................
              Regulation.
  113......  Growth Offset        7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Change to Chapter
              Regulation.                                                              113(II)(A) to include
                                                                                       NO2.
  113......  Growth Offset        6/22/94     2/14/96  61 FR 5694.......  (c)(37)...  Addition of 1990 Part D
              Regulation.                                                              NSR requirements.
  114......  Classification        5/7/79     1/30/80  45 FR 6874.......  (c)(10)...  ..........................
              of Air Quality
              Control Regions.
  114......  Designation of      10/25/89     3/23/93  58 FR 15430......  (c)(26)...  All except for chapter
              Air Quality                                                              114(11) and (111) which
              Control Regions.                                                         are approved in another
                                                                                       paragraph below.
             ................  ..........  ..........  .................  (c)(27)...  Chapter 114(11)and (111)
                                                                                       only.
  114......  Classification       4/27/94    Aug. 30,  60 FR 45060......  (c)(40)...  Revision to remove Presque
              of Air Quality                     1995                                  Isle as nonattainment for
              Control Regions.                                                         PM10.
  115......  Emission License      5/7/79     1/30/80  45 FR 6784.......  (c)(10)...  PSD
              Regulation..
             ................    12/24/79     2/19/80  45 FR 10766......  (c)(11)...  New Source Review.
             ................    10/25/89     3/23/93  58 FR 15430......  (c)(26)...  Note Maine did not submit
                                                                                       references to
                                                                                       nonregulated pollutants
                                                                                       for approval. Also note
                                                                                       that this chapter was
                                                                                       formerly chapter 108.
  115......  Emission License     7/10/90     3/18/94  59 FR 12855......  (c)(29)...  Changes to Chapter
              Regulation.                                                              115(I)(B), (VII)(A),
                                                                                       VII)(B)(3), and
                                                                                       (VII)(D)(3) to remove
                                                                                       Chapter 108 and to
                                                                                       incorporate NO2
                                                                                       increments requirements.
  115......  Emission License     6/22/94     2/14/96  61 FR 5694.......  (c)(37)...  Addition of 1990 Part D
              Regulation.                                                              NSR and other CAAA
                                                                                       requirements.
  116......  Prohibited          10/25/89     3/23/93  58 FR 15430......  (c)(26)...  ..........................
              Dispersion
              Techniques..
  117......  Source                8/9/88     3/21/89  54 FR 11525......  24........
              Surveillance.
  118......  Gasoline             6/22/94     6/29/95  60 FR 33734......  36........  ..........................
              Dispensing
              Facilities.
             ................     7/19/95    10/15/96  61 FR 53639......  (c)(43)...  Stage II vapor recovery
                                                                                       requirements added.
119........  Motor Vehicle         6/1/00      3/6/02  67 FR 10100......  (c)(49)...  Controls fuel volatility
              Fuel Volatility                                                          in the State. 7.8 psi RVP
              Limit.                                                                   fuel required in 7
                                                                                       southern counties.
  120......  Gasoline Tank        6/22/94     6/29/95  60 FR 33734......  35........  ..........................
              Trucks.
  123......  Paper Coater         9/27/89      2/3/92  57 FR 3949.......  (c)(30)...  The operating permits for
              Regulation.                                                              S.D. Warren of Westbrook,
                                                                                       Eastern Fine Paper of
                                                                                       Brewer, and Pioneer
                                                                                       Plastics of Auburn
                                                                                       incorporated by reference
                                                                                       at 40 CFR Sec. 52.1020
                                                                                       (c)(11), (c)(11), and
                                                                                       (c)(18), respectively,
                                                                                       are withdrawn.
  126......  Capture              5/22/91     3/22/93  58 FR 15282......  (c)(32)...
              Efficiency Test
              Procedures.
  129......  Surface coating       1/6/93     6/17/94  59 FR 31157......  (c)(33)...  Includes surface coating
              Facilities.                                                              of: Cans, fabric, vinyl,
                                                                                       metal furniture, flatwood
                                                                                       paneling, and
                                                                                       miscellaneous metal parts
                                                                                       and products.
  130......  Solvent               1/6/93     6/17/94  59 FR 31157......  (c)(33)...
              Degreasers.
  131......  Cutback and           1/6/93     6/17/94  59 FR 31157......  (c)(33)...
              Emulsified
              Asphalt.
  132......  Graphic Arts:         1/6/93     6/17/94  59 FR 31157......  (c)(33)...
              Rotogravure and
              Flexography.

[[Page 26]]

 
  133......  Gasoline Bulk        6/22/94     6/29/95  60 FR 33734......  36........  ..........................
              Plants.
  134......  Reasonably            2/8/95     4/18/00  65 FR 20753......  (c)(45)...  Regulation fully approved
              Available                                                                for the following
              Control                                                                  counties: York,
              Technology for                                                           Sagadahoc, Cumberland,
              Facilities that                                                          Androscoggin, Kennebec,
              Emit Volatile                                                            Knox, Lincoln, Hancock,
              Organic                                                                  Waldo, Aroostook,
              Compounds.                                                               Franklin, Oxford, and
                                                                                       Piscataquis. Regulation
                                                                                       granted a limited
                                                                                       approval for Washington,
                                                                                       Somerset, and Penobscot
                                                                                       Counties.
  134......  Reasonably           2/25/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                JJ Nissen Baking Company.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           7/23/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available          10/27/97                                              Prime Tanning.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           7/25/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Portsmouth Naval
              Control                                                                  Shipyard.
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           12/5/96     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available          10/20/97                                              Dexter Shoe.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           6/16/97     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Pioneer Plastics.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably            1/4/96     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Georgia Pacific.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           1/18/96     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                Champion International.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           10/4/95     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available          12/13/95                                              International Paper.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           12/8/95     4/18/00  65 FR 20753......  (c)(45)...  VOC RACT determination for
              Available                                                                James River.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably          12/18/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available                                                                Lincoln Pulp and Paper.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably          12/18/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available                                                                SD Warren Paper Company's
              Control                                                                  Westbrook, Maine
              Technology for                                                           facility.
              Facilities that
              Emit Volatile
              Organic
              Compounds.

[[Page 27]]

 
  134......  Reasonably           10/4/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available            1/9/96                                              SD Warren Paper Company's
              Control                                                                  Skowhegan, Maine
              Technology for                                                           facility.
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably          12/20/95     4/18/00  65 FR 20754......  (c)(45)...  VOC RACT determination for
              Available                                                                Boise Cascade.
              Control
              Technology for
              Facilities that
              Emit Volatile
              Organic
              Compounds.
  134......  Reasonably           4/11/01     5/20/02  67 FR 35441        (c)(51)...  VOC RACT determination for
              available                                                                Bath Iron Works.
              control
              technology for
              facilities that
              emit volatile
              organic
              compounds.
  134......  Reasonably           4/26/01     5/20/02  67 FR 35441......  (c)(51)     VOC RACT determination for
              available            7/2/01                                              Pratt & Whitney.
              control
              technology for
              facilities that
              emit volatile
              organic
              compounds.
  134......  Reasonably           5/10/01     5/20/02  67 FR 35441......  (c)(51)     VOC RACT determination for
              available                                                                for Moosehead
              control                                                                  Manufacturing's Dover-
              technology for                                                           Foxcroft plant.
              facilities that
              emit volatile
              organic
              compounds.
             Reasonably           5/10/01     5/20/02  67 FR 35441......  (c)(51)     VOC RACT determination for
              available                                                                for Moosehead
              control                                                                  Manufacturing's Monson
              technology for                                                           plant.
              facilities that
              emit volatile
              organic
              compounds.
  137......  Emission            11/10/93     1/10/95  60 FR 2526.......  (c)(34)...  ..........................
              Statements.
  138......  Reasonably            8/3/94    December  60 FR 66755......  (c)(41)...  Affects sources only in
              Available                      26, 1995                                  Oxford, Franklin,
              Control                                                                  Somerset, Piscataquis,
              Technology For                                                           Penobscot, Washington,
              Facilities That                                                          Aroostook, Hancock and
              Emit Nitrogen                                                            Waldo Counties (excepted
              Oxides.                                                                  portions of rule include
                                                                                       Sections 1.A.1. and
                                                                                       3.B.).
  138......  NOX RACT........      8/3/94      9/9/02  67 FR 57154......  (c)(46)...  Affects sources in York,
                                                                                       Cumberland, Sagadahoc,
                                                                                       Androscoggin, Kennebec,
                                                                                       Lincoln, and Knox
                                                                                       counties.
  138......  NOX RACT........   5/18/95 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  2/16/96                                              FPL Energy's (formerly
                                                                                       Central Maine Power) W.F.
                                                                                       Wyman Station.
  138......  NOX RACT........   6/16/95 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  6/12/96                                              Tree Free Fiber Company,
                                                                                       LLC. (formerly Statler
                                                                                       Tissue).
  138......  NOX RACT........   8/23/95 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  3/10/97                                              Pioneer Plastics
                                                                                       Corporation.
  138......  NOX RACT........    11/15/95      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Scott Paper Company.
  138......  NOX RACT........     1/18/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Chinet Company.
  138......  NOX RACT........      2/7/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       FMC Corporation--Food
                                                                                       from Ingredients
                                                                                       Division.
  138......  NOX RACT........    6/5/96 &      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX FR RACT
                                   3/5/97                                              for Dragon Products
                                                                                       Company, Inc.
  138......  NOX RACT........     6/12/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       S.D. Warren Company.
  138......  NOX RACT........    10/16/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Mid-Maine Waste Action
                                                                                       Corporation.

[[Page 28]]

 
  138......  NOX RACT........  10/21/96 &      9/9/92  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                  7/25/97                                              Portsmouth Naval
                                                                                       Shipyard.
  138......  NOX RACT........    11/12/96      9/9/02  67 FR 57154......  (c)(47)...  Case-specific NOX RACT for
                                                                                       Maine Energy Recovery
                                                                                       Company.
141........  Conformity of        9/11/96   September  62 FR 49611......  (c)(44)...  ``Chapter 141: Conformity
              General Federal                23, 1997                                  of General Federal
              Actions.                                                                 Actions''.
``Vehicle I/ Vehicle               7/9/98     1/10/01  66 FR 1875.......  (c)(48)...  Maine Motor Vehicle
 M''.         Inspection and                                                           Inspection Manual,''
              Maintenance.                                                             revised in 1998, pages 1-
                                                                                       12 through 1-14, and page
                                                                                       2-14, D.1.g. Also,
                                                                                       Authorizing legislation
                                                                                       effective July 9, 1998
                                                                                       and entitled L.D. 2223,
                                                                                       ``An Act to Reduce Air
                                                                                       Pollution from Motor
                                                                                       Vehicles and to Meet
                                                                                       Requirements of the
                                                                                       Federal Clean Air Act.''
----------------------------------------------------------------------------------------------------------------
Note. 1. The regulations are effective statewide unless stated otherwise in comments section.


(Secs. 110(a) and 301(a) of the Clean Air Act, as amended (42 U.S.C. 
7410(a) and 7601(a)))

[50 FR 3336, Jan. 24, 1985, as amended at 50 FR 7770, Feb. 26, 1985; 51 
FR 45886, Dec. 23, 1986; 52 FR 3117, Feb. 2, 1987; 54 FR 11525, Mar. 21, 
1989; 55 FR 20603, May 18, 1990; 57 FR 3948, Feb. 3, 1992; 58 FR 15282, 
Mar. 22, 1993; 58 FR 15430, Mar. 23, 1993; 58 FR 33768, June 21, 1993; 
59 FR 12855, Mar. 18, 1994; 59 FR 31157, June 17, 1994; 60 FR 2526, Jan. 
10, 1995; 60 FR 2887, Jan. 12, 1995; 60 FR 33734, June 29, 1995; 60 FR 
45059, Aug. 30, 1995; 60 FR 66755, Dec. 26, 1995; 61 FR 5694, Feb. 14, 
1996; 61 FR 53639, Oct. 15, 1996; 62 FR 49611, Sept. 23, 1997; 65 FR 
20753, Apr. 18, 2000; 66 FR 1875, Jan. 10, 2001; 67 FR 10100, Mar. 6, 
2002; 67 FR 35441, May 20, 2002; 67 FR 57154, Sept. 9, 2002; 69 FR 
13231, Mar. 22, 2004]



Sec. 52.1033  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met because the plan does not include approvable procedures for meeting 
all of the requirements of 40 CFR 51.302 or 51.306 for the protection of 
visibility in mandatory class I Federal areas.
    (b) [Reserved]
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated into the applicable plan for the State of Maine.

[52 FR 45138, Nov. 24, 1987, as amended at 58 FR 15431, Mar. 23, 1993]



Sec. 52.1034  Stack height review.

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

[54 FR 8190, Feb. 27, 1989]



Sec. 52.1035  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    Maine must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1036  Emission inventories.

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

[[Page 29]]

of the Clean Air Act, as amended in 1990, has been satisfied for these 
areas.
    (b) The inventory is for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventory 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) The Knox and Lincoln Counties nonattainment area is classified 
as moderate. The Lewiston and Auburn nonattainment area is classified as 
moderate and consists of Androscoggin and Kennebec Counties. The 
Portland nonattainment area is classified as moderate and consists of 
Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties 
nonattainment area is classified as attainment.
    (d) The Governor's designee for the State of Maine submitted 1993 
periodic year emission inventories for the Hancock and Waldo Counties 
area on May 13, 1996 as a revision to the State Implementation Plan 
(SIP). The 1993 periodic year emission inventory requirement of section 
182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied 
for the Hancock and Waldo counties area.
    (e) On June 24, 1997, the Maine Department of Environmental 
Protection submitted a revision to establish explicit year 2006 motor 
vehicle emissions budgets [6.44 tons per summer day of VOC, and 8.85 
tons per summer day of NOX] for the Hancock and Waldo 
counties ozone maintenance area to be used in determining transportation 
conformity.

[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997]



                           Subpart V_Maryland



Sec. 52.1070  Identification of plan.

    (a) Title of plans:
    (1) ``Plan for Implementation of Ambient Air Quality Standards in 
Cumberland, Maryland-Keyser, West Virginia, Interstate Air Quality 
Control Region.''
    (2) ``Plan for Implementation of Ambient Air Quality Standards in 
the Central Maryland Intrastate Air Quality Control Region.''
    (3) ``Plan for Implementation of Ambient Air Quality Standards in 
the Metropolitan Baltimore Intrastate Air Quality Control Region.''
    (4) ``Plan for Implementation of Ambient Air Quality Standards in 
the Maryland portion of the National Capital Interstate Air Quality 
Control Region.''
    (5) ``Plan for Implementation of Ambient Air Quality Standards in 
the Southern Maryland Intrastate Air Quality Control Region.''
    (6) ``Plan for Implementation of Ambient Air Quality Standards in 
the Eastern Shore Intrastate Air Quality Control Region.''
    (b) The plans were officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Miscellaneous non-regulatory additions and errata to the plan 
submitted on February 25, 1972, by the Maryland Bureau of Air Quality 
Control.
    (2) Clarification of emission data submitted on March 3, 1972, by 
the Maryland Bureau of Air Quality Control.
    (3) Final State emission limitations, Regulations 10.03.35-10.03.41 
of the Maryland Air Pollution Control Regulations, submitted on April 4, 
1972, by the Maryland Bureau of Air Quality Control.
    (4) Miscellaneous non-regulatory corrections and additions to the 
plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality 
Control.
    (5) Miscellaneous non-regulatory corrections and additions to the 
plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality 
Control.
    (6) Revision establishing unsuitable sites for construction of power 
plants submitted July 27, 1972, by the Maryland Department of Natural 
Resources.
    (7) Transportation control plan for Metropolitan Baltimore and 
National Capital AQCR Submitted on April 16, 1973, by the Governor.
    (8) Amendments to the Maryland Transportation Control Plans 
submitted on May 5, 1973, by the Governor.
    (9) Amendments to the Maryland Transportation Control Plans 
submitted on June 15, 1973, by the Governor.

[[Page 30]]

    (10) Amendments to the Maryland Transportation Control Plans 
submitted on June 22, 1973, by the Governor.
    (11) Amendments to the Maryland Transportation Control Plans 
submitted on June 28, 1973, by the Governor.
    (12) Amendments to the Maryland plan for attainment and maintenance 
of secondary SO2 standard for Metropolitan Baltimore AQCR 
submitted on July 31, 1973, by the Governor.
    (13) Amendment to Maryland regulations 10.03.38.04J and 10.03.39.04J 
covering gasoline handling vapor control submitted on April 24, 1974, by 
the Governor of Maryland.
    (14) Request for regulations 10.03.38.06G(2) and 10.03.39.06G(2) to 
be withdrawn from consideration submitted on November 29, 1974, by the 
Governor of Maryland.
    (15) Amendments to Maryland Regulations 10.03.36, 10.03.37, 
10.03.39, 10.03.40 and 10.03.41; deleting subsection .04B(3), which 
requires the lowering of the allowable sulfur-in-fuel limitation to 0.5 
percent submitted on December 11, 1974 by the Governor.
    (16) Amendment to Sections .04J(1) and .04J(2) of Maryland 
Regulations 10.03.38 and 10.03.39 (vapor recovery, Stage I); submitted 
on April 24, 1974, and amended on July 1, 1975 by the Governor.
    (17) Amendment to Sections .04B(1) and .04B(2) of Maryland 
Regulations 10.03.37, 10.03.40 and 10.03.41 (allowable sulfur content in 
fuel); submitted on July 1, 1975 by the Governor.
    (18) Amendment to Maryland Regulation 10.03.38, deleting subsection 
.04B(3), which requires the lowering of the allowable sulfur-in-fuel 
limitation to 0.5 percent, submitted on December 11, 1974 by the 
Governor.
    (19) Amendments to Sections .03 (Air Pollution Episode System), .06 
(Test Methods) and .11 (Permits); and deletion of Section .04 (Prior 
Registration of Proposed Installations) of Maryland Regulation 10.03.35 
(Regulations Governing Air Pollution Control in the State of Maryland); 
amendments to Sections .03 (Control of Particulate Emissions), .04 
(Control and Prohibition of oxides of nitrogen emissions), and 
associated tables of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, 
and 10.03.41 (Regulations Governing Air Pollution Control in the 
Cumberland-Keyser, Central Maryland, Southern Maryland, and Eastern 
Shore AQCRs); amendments to Sections .03 (Control and Prohibition of 
Particulate Emissions), .04 (Control and Prohibition of Hydrocarbons 
andOxides of Nitrogen Emissions) and .06 (Control and Prohibition of 
Installations and Operations) and associated tables of Maryland 
Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution 
Control in the Metropolitan Baltimore and National Capital AQCRs); 
submitted on April 24, 1974 by the Governor.
    (20) Amendments to Sections .01 (Definitions), .04 (Ambient Air 
Quality Standards (former Section .05 of Regulations)), 10.03.36 through 
10.03.41 (Regulations Governing Control of Air Pollution in the State of 
Maryland); amendments to Sections .01 (Control and Prohibition of Open 
Burning), .02 (Control and Prohibition of Particulate Emissions), .03 
(Control and Prohibition of Sulfur Oxides, Hydrocarbons and Oxides of 
Nitrogen Emissions), and .06 (Control and Prohibition of Installations 
and Operations) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40, 
and 10.03.41 (Regulations Controlling Air Pollution in the Cumberland-
Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCRs); 
amendments to Section .02 (Control and Prohibition of Visible 
Emissions), .03 (Control and Prohibition of sulfur oxides, hydrocarbons, 
and oxides of nitrogen emissions), and .06 (Control and Prohibition of 
Installations and Operations) of Maryland Regulations 10.03.38 and 
10.03.39 (Regulations Controlling Air Pollution in the Metropolitan 
Baltimore and National Capital AQCRs); submitted on December 11, 1974 by 
the Governor.
    (21) Amendments to Section .11 (Permits) of Maryland Regulation 
10.03.35 (Regulations Governing Control of Air Pollution in the State of 
Maryland); amendments to Section .04 (Control and prohibition of sulfur 
oxides emissions) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40 
and 10.03.41 (Regulations Governing Air Pollution Control in the 
Cumberland-Keyser, Central Maryland, Southern Maryland and

[[Page 31]]

Eastern Shore AQCR's); deletion of Section .03D(1) (Control of 
particulate matter from grain drying installations) from Maryland 
Regulations 10.03.36, 10.03.37, 10.03.40 and 10.03.41; deletion of 
Section .03D (Control of particulate matter from grain drying 
installations) from Maryland Regulations 10.03.38 and 10.03.39 
(Regulations Governing Air Pollution Control in the Metropolitan 
Baltimore and National Capital AQCR's) submitted by the Governor on July 
1, 1975.
    (22) A Consent Order for the Chalk Point power plant issued by the 
Circuit Court for Montgomery County on February 27, 1978.
    (23) Amendments to Sections .01 (Definitions), .03 (Air Pollution 
Episode System), .06 (Test Methods) and .12 (Emission Test Methods); and 
deletion of Section .08 (Penalties and Plans for Compliance) of 
Regulation 10.03.35 (Regulations Governing Air Pollution Control in the 
State of Maryland); amendments to Table 1 (Emission Standards for New 
Fuel Burning Equipment) of Maryland Regulations 10.03.36 through 
10.03.41; amendments to Section .04 (Control and Prohibition of Gas and 
Vapor Emissions) and .06 (Control and Prohibition of Installations and 
Operations; and deletion of Section. .03E (Process Weight Requirements) 
and .07 (Transition from Previous Regulations) of Maryland Regulation 
10.03.38 (Regulation Governing Air Pollution Control in the Metropolitan 
Baltimore AQCR); amendments to Section .01 (Control of Open Fires) and 
.04 (Control of Gas and Vapor Emissions; and deletion of Sections .03E 
(Process Weight Requirements) and .07 (Transition from Previous 
Regulations) of Maryland Regulation 10.03.39 (Regulation Governing Air 
Pollution Control in the Maryland Portion of the National Capital 
Interstate AQCR) submitted on February 10, 1977 by the Governor.
    (24) Amendments to Maryland Regulation 10.03.35 through 10.03.41 
inclusive which supplement the English System measurement with 
equivalent metric units submitted on February 10, 1977 by the Governor.
    (25) Consent Order dated July 28, 1978 between the Potomac Electric 
Power Company and the Department of Health and Mental Hygiene of the 
State of Maryland in the Circuit Court for Montgomery County (No. 
49352--Equity) submitted on August 8, 1978 by Acting Governor Blair Lee.
    (26) Consent Orders for Beall Jr./Sr. High School and Mount St. 
Mary's College issued by the Secretary of the Maryland Department of 
Health and Mental Hygiene on January 30, 1979 and March 8, 1979 
respectively.
    (27) Amendments to Sections .01, .07, and .11 of Maryland Regulation 
10.18.01 as submitted on January 19, 1979 by the Governor.
    (28) Amendments to Sections .03D, .03F, .03H, .06I of Maryland 
Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the 
Governor.
    (29) Variances from Maryland regulations 10.18.04.02(A), 
10.18.04.03(B)(3), and 10.18.04.04(B)(1) relating to visible emissions, 
particulate matter from solid fuel burning equipment and prohibition of 
usage of fuel with sulfur content in excess of one percent by weight, 
respectively. The variance request was submitted on October 24, 1979 by 
the Governor of Maryland.
    (30) Consent orders submitted by the Governor on July 16, 1975, 
November 18, 1977, and by the Administrator, Air Quality Programs on 
June 15, 1979 granting the Westvaco Corporation an exception to 
Regulation COMAR 10.18.02.04B.
    (31)-(32) [Reserved]
    (33) A consent order amending regulation 10.18.07, 10.18.07.02B, 
10.18.07.03B(2)a, for the Firestone Plastics Co., Inc., Perryville, 
Maryland, submitted on December 1, 1978, by the Maryland Environmental 
Health Administration.
    (34) Amendment to Maryland regulations 10.18.05.03(B)(2), 
10.18.05.02(A), and 10.18.05.03(B)(1)(a) relating to relaxation of 
particulate emissions, visible emissions and waiving of particulate 
control equipment requirement for the Chalk Point Generating Station 
Unit 3. The amendment, a Secretarial Order, was submitted on 
August 13, 1979 by the State of Maryland.
    (35) Variance from Maryland regulation 10.18.04.02(A) relating to 
visible emissions and allowing a maximum visible emission of 25% 
opacity. This variance expires on September 11, 1982.

[[Page 32]]

The variance request was submitted on September 27, 1979 by the State of 
Maryland.
    (36) Amendments to Sections .01 (Definitions), .04 (Ambient Air 
Quality Standards), and .11 (Permits) of Maryland Regulation 10.18.01 
(Regulations Governing Control of Air Pollution in the State of 
Maryland); and amendments to Section .02 (Control and Prohibition of 
Visible Emissions) of Maryland Regulations 10.18.04 and 10.18.05 
(Regulations Governing Air Pollution Control in the Metropolitan 
Baltimore and National Capital AQCRS's) submitted by the Governor on 
September 26, 1979.
    (37) Amendments to Section .04J(3)a and .04J(3)b (Organic Compounds) 
of Maryland Regulations 10.18.04 and 10.18.05; submitted on February 10, 
1977 by the Governor.
    (38) Deletion of Section .06G(2) (Control and Prohibition of Pho to 
chem i cal ly Reactive Organic Compounds from sources existing on or 
before February 12, 1974) of Maryland Regulations 10.18.04 and 10.18.05; 
submitted on December 10, 1979 by the Governor.
    (39) Deletion of Sections .06G(1) and .06G(3) (Control and 
Prohibition of Photochemically Reactive Organic Materials From Sources 
Built or Modified after February 12, 1974) of Maryland Regulations 
10.18.04 and 10.18.05 from the Maryland State Implementation Plan (SIP).
    (40) Letter of January 21, 1980 from Maryland to EPA explaining the 
State's interpretation of the scope of coverage of Maryland Regulation 
10.18.04.04J.
    (41) Amendments to Sections .06 of Maryland Regulation 10.18.04 and 
10.18.05 as submitted on January 19, 1979 by the Governor.
    (42) Amendment to Section .01(y) of Maryland Regulation 10.18.01 as 
submitted on December 10, 1979 by the Governor.
    (43) Amendments to Regulations 10.18.04 and 10.18.05; Sections 
.04J(1)c, .04J(1)d, .04J(1)e(i), .04J(1)f, .04J(1)g, .04J(1)h, 
.04J(1)i(i), .04J(3)d, .04J(4)a, .04J(4)b, and .04J(5) a through j; 
submitted on January 19, 1979, and amended on September 26, 1979 by the 
State of Maryland.
    (44) A revision submitted by the State of Maryland on December 20, 
1979 which is intended to establish an Ambient Air Quality Monitoring 
Network.
    (45) Recodification of the Maryland Regulations submitted by the 
State of Maryland on May 22, 1980.
    (46) Amendments to section .04D(4) of COMAR 10.18.04 and COMAR 
10.18.05 establishing a revised sulfur oxides emissions limitation for 
all existing solid fuel-fired, cyclone type fuel burning equipment 
having an actual heat input in excess of 1,000 million Btu/hour; 
submitted on February 20, 1980 by the Governor.
    (47) October 1, 1980 letter from George P. Ferreri, Maryland Office 
of Environmental Programs to James E. Sydnor, EPA, certifying that the 
Baltimore Gas & Electric Company's C. P. Crane Generating Station is the 
sole facility to which COMAR 10.18.04.04D(4) and 10.18.05.04D(4) would 
apply.
    (48) A revision submitted by the State of Maryland on 9/10/80 
consisting of a variance issued to the General Refractories Company of 
Baltimore, Maryland exempting the Company from the ``No Visible 
Emissions'' requirements of COMAR 10.18.04.02A for aperiod of three (3) 
years commencing 9/2/80.
    (49) A revision submitted by the State of Maryland on November 3, 
1980 consisting of a Consent Agreement (Order) between the State of 
Maryland and the Maryland Slag Company decreasing the particulate matter 
emission limitation for the Company.
    (50) A revision submitted by the State of Maryland on October 24, 
1979 consisting of amendments to the following regulations:

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

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

[[Page 33]]

    (52) A revision submitted by the State of Maryland on April 24, 
1974, consisting of changes in COMAR 10.03.35.06 A(1) and 10.03.35.06 
A(3).
    (53) A revision submitted by the State of Maryland on December 10, 
1979, consisting of changes in Sections .01 and .11 of COMAR 10.18.01, 
and in Sections .05 and .07 of COMAR 10.18.02, 10.18.03, 10.18.04, 
10.18.05, 10.18.06 and 10.18.07.
    (54) A revision submitted by the State of Maryland on October 17, 
1980, consisting of an exception to COMAR 10.18.06.02B for the Maryland 
Cup Corporation.
    (55) A revision submitted by the State of Maryland on August 7, 1981 
consisting of an exception to COMAR 10.18.09.07A(2)(c) for the Reading-
Whitehall Paperboard Company.
    (56) A Secretarial order submitted by the State of Maryland on June 
23, 1981 consisting of a variance issued to the Potomac Electric Power 
Company at Dickerson, Maryland exempting the company from the ``no 
visible emissions'' requirements of COMAR 10.18.09.05A(2) until five 
years from the date of approval by EPA.
    (57) A Secretarial order submitted by the State of Maryland on July 
17, 1981 consisting of a various issued to the American Cyanamid 
Company, Havre de Grace, Maryland from the ``no visible emissions'' 
requirement of COMAR 10.18.06.02B until July 8, 1986.
    (58) Amendments to COMAR 10.18.01, 10.18.06, 10.18.08, 10.18.09, 
10.18.11, 10.18.12, 10.18.13, 10.18.14, 10.18.21, and Technical 
Memorandum TM-116 (amended November 1980) as submitted by the Governor 
on May 18, 1981.
    (59) Addition of Maryland Regulation 10.18.06.14 (Control of PSD 
sources) which incorporates by reference the Federal prevention of 
significant deterioration (PSD) requirements set forth in 40 CFR 52.21; 
submitted on June 24, 1981 by the Governor.
    (60) A State Implementation Plan for the control of lead (Pb) 
emissions submitted on October 23, 1980 by the Governor.
    (61) A letter containing supplemental clarifying information with 
respect to the State's control strategy demonstration; submitted on July 
27, 1981 by the Maryland Air Management Administration.
    (62) A revised Secretarial order controlling lead emissions from the 
Mobay Chemical Corporation's frit manufacturing plant in Baltimore, 
Maryland; submitted December 16, 1981 by the Maryland Air Management 
Administration.
    (63) A revision submitted by the State of Maryland on October 8, 
1981 detailing a plan for satisfying requirements of sections 121 and 
127 of the Clean Air Act Amendments of 1977.
    (64) A revision submitted by the State of Maryland on November 18, 
1981, consisting of a Modified Amended Consent Order for Potomac 
Electric Power Company's Chalk Point generating station.
    (65) A Secretarial order stating the terms under which a 
construction permit for a new source in a nonattainment area will be 
issued by the Northeast Maryland Waste Disposal Authority to 
Wheelabrator-Frye, Inc. to construct and operate a municipal 
incinerator; submitted on December 22, 1981 by the Director, Maryland 
Air Management Administration, Department of Health and Mental Hygiene.
    (66) An amendment to Code of Maryland Air Regulation (COMAR) 
10.18.08.05A(1) revising the method for calculating particulate 
emissions from incinerators located in the Cumberland-Keyser, Central 
Maryland, Southern Maryland and Eastern Shore Air Quality Control 
Regions (AQCR's), submitted on January 11, 1982 by the Governor.
    (67) Code of Maryland Air Regulations (COMAR) 10.18.10 (Control of 
Iron and Steel Production Installations); Technical Memorandum AMA-TM 
81-04: Amendment to AMA-TM 73-116; Amendments to COMAR 10.18.01.01 
(General Administrative Regulations--Definitions) and COMAR 10.18.06.02 
(General Emission Standards, Prohibitions and Restriction); and a New 
Amended Plan for Compliance for the Bethlehem Steel Corporation's 
Sparrows Point, Maryland Plant; submitted on August 11, 1981 by the 
Governor.
    (68) The revised Health-Environmental Article of the Annotated Code 
of Maryland, submitted on July 2, 1982

[[Page 34]]

by the Director, Maryland Air Management Administration, Department of 
Health and Mental Hygiene.
    (69) A revision submitted by the State of Maryland on November 15, 
1982, consisting of an extension to the previous visible emission 
exception to COMAR 10.18.01.08 (Exception to Visible Emission 
Requirements) for the Maryland Cup Corporation. The exception is renewed 
until September 11, 1987.
    (70) A modified Secretarial order stating the terms under which a 
construction permit for a new source in a nonattainment area will be 
issued to Wheelabrator-Frye, Inc. who will construct, own, and operate a 
municipal incinerator; submitted on March 17, 1983 by the Director, 
Maryland Air Management Administration, Department of Health and Mental 
Hygiene.
    (71) Plan Revision, excluding the schedules for additional VOC 
controls and the required Vehicle Emissions Inspection Program, 
providing for attainment of the Ozone and Carbon Monoxide Standards, 
submitted by the State on July 1, 1982 for the Metropolitan Baltimore 
Intrastate Air Quality Control Region (AQCR) and November 5, 1982 for 
the Maryland portion of the National Capital Interstate AQCR. On May 4, 
1983, and June 13 and 16, 1983, the State submitted amended I/M 
regulations. A revised schedule for the adoption of controls for VOC 
sources was submitted on December 23, 1983.
    (72) Amendments to Code of Maryland Regulations (COMAR) 10.18.01, 
.02, .06, .11, .13, and .21 which apply to air quality control areas III 
and IV, submitted on August 22, 1983.
    (73) A revision submitted by the State of Maryland on July 12, 1983, 
consisting of a plan for Compliance for the J.L. Clark Manufacturing 
Company in Havre De Grace.
    (74) A Consent Order granting the Westvaco Corporation a sulfur 
dioxide (SO2) emissions limitation which is equivalent to 
COMAR 10.18.09. 07(A)(1)(a); submitted on September 7, 1983, as amended 
on February 7, 1984 by the Maryland Air Management Administration.
    (75) Revision submitted by the State of Maryland on December 13, 
1983 consisting of a Plan for Compliance for the General Motors 
Corporation, GM Assembly Division, Baltimore City Plant.
    (76) Revision submitted by the State of Maryland on December 13, 
1983 consisting of a Plan for Compliance for the American Can Company, 
Baltimore City.
    (77) Revision submitted by the State of Maryland on December 13, 
1983 consisting of a Plan for Compliance for the National Can 
Corporation, Baltimore County.
    (78) Revision submitted by the State of Maryland on April 6, 1984 
consisting of a Plan for Compliance for the Crown Cork and Seal Company, 
Inc., Baltimore City.
    (79) Revision submitted by the State of Maryland on April 6, 1984 
consisting of a Plan for Compliance for the Continental Can Company, 
Baltimore City.
    (80) A revision submitted by the State of Maryland on January 26, 
1984, and May 25, 1984 consisting of amendments to change the State's 
stationary source stack testing procedures document and to correct a 
State procedural defect relating to procedures for observing visible 
emissions from iron and steel facilities.
    (81) [Reserved]
    (82) Revisions to the Code of Maryland Regulations (COMAR) were 
submitted by the Director of the Maryland Air Management Administration 
of March 14, 1984.
    (i) Incorporation by reference. (A) Amendments to COMAR 10.18.02 
(Permits, Approvals and Registration) and COMAR 10.18.08 (Control of 
Incinerators), as published in the Maryland Register on February 3, 1984 
(proposed on November 11, 1983).
    (ii) Additional material. (A) Letter from the MAMA dated November 
29, 1984 clarifying that permit applications would only be accepted from 
incinerators subject to the hazardous waste facility regulations and 
that hazardous waste facility permits would be treated as air quality 
permits for all purposes.
    (83) Revisions to the Code of Maryland Regulations (COMAR) were 
submitted by the Director of the Maryland Air Management Administration 
on March 14, 1984.
    (i) Incorporation by reference.
    (A) Amendments to COMAR 10.18.09 (Control of Fuel Burning Equipment

[[Page 35]]

and Stationary Internal Combustion Engines), as published in the 
Maryland Register on March 2, 1984.
    (ii) Additional information.
    (A) Letter from MAMA dated November 29, 1984 clarifying that a 
permit cannot be issued for the sources unless they undergo new source 
review as under COMAR 10.18.02 (Permits, Approvals and Registration).
    (84) [Reserved]
    (85) Revisions to the Ozone Attainment Plan were submitted by the 
Director, Maryland Air Management Administration, on August 1, 1984.
    (i) Incorporation by reference.
    (A) State Secretarial Order for the Monarch Manufacturing Company 
located in Belcamp, Maryland, allowing interim VOC emission standards to 
be used by the Company until source-specific regulations are developed 
by MAMA. The Company shall come into compliance with the source-specific 
regulations within six months after their adoption. The Secretarial 
Order was approved on July 23, 1984.
    (86) Revisions submitted on March, 1, 1989 by the Secretary, 
Maryland Department of the Environment, amending the Code of Maryland 
Air Regulations (COMAR) 10.18.21.10 (Graphic Arts) and COMAR 10.18.21.13 
(Miscellaneous Metal Coating, Interior Sheet Drum Lining).
    (i) Incorporation by reference.
    (A) Revisions to COMAR 10.18.21.10, pertaining to graphic arts, and 
COMAR 10.18.21.13, pertaining to miscellaneous metal coating, interior 
sheet drum lining. These revisions were adopted by the Secretary of 
Health and Mental Hygiene on June 10, 1987and became effective on August 
10, 1987.
    (ii) Additional information.
    (A) Letter of June 30, 1987 from George P. Ferreri, Director, 
Maryland Air Management Administration, to Thomas J. Maslany, EPA Region 
III, forwarding revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13.
    (B) Letter of March 13, 1989 from George P. Ferreri, Director, 
Maryland Air Management Administration to Stanley L. Laskowski, Acting 
Regional Administrator, EPA Region III, clarifying information with 
respect to the adopted and effective dates of the revisions to COMAR 
10.18.21.10 and COMAR 10.18.21.13.
    (87) A revision submitted by the Secretary, Maryland Department of 
Health and Mental Hygiene on March 30, 1987, consisting of amendments to 
the Good Engineering Practice (GEP) Stack Height Regulations, COMAR 
10.18.01.08 (Determination of Ground Level Concentrations--Acceptable 
Techniques).
    (i) Incorporation by reference.
    (A) Letter of March 30, 1987 from the Secretary, Maryland Department 
of Health and Mental Hygiene.
    (B) COMAR 10.18.01.08 (Determination of Ground Level 
Concentrations--Acceptable Techniques), which was adopted by the 
Maryland Department of Health and Mental Hygiene on January 23, 1987.
    (ii) Additional information.
    (A) None.
    (88) [Reserved]
    (89) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on June 30, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated June 
30, 1987 submitting a revision to the Maryland State Implementation Plan 
pertaining to the definitions of true vapor pressure and vapor pressure.
    (B) Maryland Register Volume 13, page 2048; COMAR 10.18.01.01 
Definitions V-1. and X-1 (Now recodified as COMAR 26.11.01.01 Z. and 
CC.).
    (90) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on March 21, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
21, 1991 submitting a revision to the Maryland State Implementation 
Plan.
    (B) Recodified Maryland Regulations, revised effective August 1, 
1988.
    (1) COMAR 26.11.01.01A. through J., L., O. through BB., DD. (except 
for ``ammonium carbonates''); COMAR 26.11.01.02 through 26.11.01.09.
    (2) COMAR 26.11.02.01 through 26.11.02.03A.(6)(o), 26.11.02.03A.(7) 
through 26.11.02.09, 26.11.02.10A., 10E., 26.11.02.11A., .11B.(2)-(3), 
11C., 26.11.02.12 through 26.11.02.16.

[[Page 36]]

    (3) COMAR 26.11.03.01 through 26.11.03.03, 26.11.03.05 through 
26.11.03.08.
    (4) COMAR 26.11.05--(Entire Chapter).
    (5) COMAR 26.11.06.03A.-.03C.; 26.11.06.05, 26.11.06A., .06C., .06D; 
26.11.06.10, 26.11.06.11, 26.11.06.15, 26.11.06.16.
    (6) COMAR 26.11.07.01 through 26.11.07.04, 26.11.07.05A. (1), (2), 
26.11.07.05A.(5) through .05A.(7), 26.11.07.05B (1), (2), (4), (5).
    (7) COMAR 26.11.09.01 through 26.11.09.04, 26.11.09.05B., 
26.11.09.06 through 26.11.09.09.
    (8) COMAR 26.11.10--Entire chapter except for COMAR 
26.11.10.03B.(3).
    (9) COMAR 26.11.11--Entire chapter except for COMAR 26.11.11.04A(1)-
(4).
    (10) COMAR 26.11.12--Entire Chapter.
    (11) COMAR 26.11.13.01 (definitions of ``external floating roof,'' 
``gasoline,'' ``internal floating roof,'' ``liquid-mounted seal,'' 
``metallic-type shoe seal,'' ``rim-mounted secondary seal,'' ``shoe 
mounted secondary seal,'' ``tank truck,'' ``vapor control system,'' 
``vapor mounted seal''; 26.11.13.02 (except for .02C(3)), 26.11.13.03, 
26.11.13.04B., 26.11.13.05.
    (12) COMAR 26.11.19.01A., 01B(2), (4), (5), .02A, .02B(1) (except 
for ``low VOC adhesives''), .02B(2), (3), .02C(1), (2), .02D., .02E 
(except for all references to variables ``C'' and ``D''), .02F(1), (2), 
(3) (except for ``and''); 26.11.19.04 through 26.11.19.10, 26.11.19.13, 
26.11.19.14.
    (13) COMAR 26.11.20--Entire Chapter except for COMAR 26.11.20.02.
    (ii) Additional materials.
    (A) Remainder of the March 21, 1991 State Submittal known as 
Maryland 91-01B.
    (91) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment--Air Management Administration on 
August 20, 1984, regarding a bubble for American Cyanamid in Havre de 
Grace, Maryland.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Health and Mental 
Hygiene--Air Management Administration (now known as the Maryland 
Department of the Environment--Air Management Administration) dated 
August 20, 1984 submitting a revision to the Maryland State 
Implementation Plan regarding a bubble for American Cyanamid.
    (B) Secretarial Order (By Consent) between American Cyanamid and the 
Maryland State Department of Health and Mental Hygiene--Air Management 
Administration (now known as the Maryland Department of the 
Environment--Air Management Administration) except for section 2, 
approved on August 2, 1984.
    (ii) Additional material.
    (A) Letter dated September 17, 1984 from Ronald E. Lipinski, MAMA, 
to James Topsale, EPA Region III, providing emissions information for 
the sources involved in the American Cyanamid bubble.
    (B) Public Hearing record for the May 23, 1984 public hearing.
    (C) Technical Support Document, prepared by Maryland, for American 
Cyanamid, including formulas to calculate bubble emissions.
    (92) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on December 15, 1987.
    (i) Incorporation by reference. (A) Letter from the Maryland 
Department of Environment dated December 15, 1987 submitting a revision 
to the Maryland State Implementation Plan.
    (B) Amendments to the Code of Maryland Air Regulations (COMAR) 
10.18.03, State Adopted National Ambient Air Quality Standards and 
Guidelines limited to the amendment of 10.18.03.04, carbon monoxide and 
COMAR 10.18.06, General Emission Standards, Prohibitions, and 
Restrictions, limited to the amendment of 10.18.06.04, carbon monoxide 
in areas III and IV. The amendments to COMAR 10.18.03.04 and 10.18.06.04 
were adopted by the Maryland Department of the Environment on November 
4, 1987, and made effective on January 5, 1988.
    (93) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on December 30, 1987.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated 
December 15, 1987, submitting revisions to the Maryland State 
Implementation Plan.
    (B) Amendments to regulations 10.18.01 O-1, 10.18.02.03 H(3)(i), and 
10.18.06.14 under the Code of Maryland

[[Page 37]]

Administrative Regulations (COMAR) revising Maryland's prevention of 
significant deterioration program to incorporate changes to 40 CFR 52.21 
made between 1980 and 1986. The amendments to COMAR 10.18.01 O-1, 
10.18.02.03 H(3)(i), and 10.18.06.14 were effective on January 5, 1988 
in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (94) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on March 8, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
1, 1989, submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9), and 
26.11.06.14 (proposed as 10.18.01 O-1, 10.18.02.03 H(3)(i), and 
10.18.06.14) under the Code of Maryland Administrative Regulations 
(COMAR) revising Maryland's prevention of significant deterioration 
program to incorporate changes to 40 CFR 52.21 made between 1986 and 
1987, thereby establishing the increment for NO2 and 
requiring sources to conduct an NO2 increment consumption 
analysis. The amendments to COMAR 26.11.01.01, 26.11.02.10 (C)(9), and 
26.11.06.14 were effective on March 21, 1989 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (95) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on March 28, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
21, 1991 submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the 
Code of Maryland Administrative Regulations (COMAR) revising Maryland's 
prevention of significant deterioration program to incorporate changes 
to 40 CFR 52.21 made between 1987 and 1989. The amendments to COMAR 
26.11.01.01, and 26.11.06.14 were effective on March 31, 1991 in the 
State of Maryland. The amendments to 26.11.02.10 (C)(9) were effective 
on May 8, 1991 in the State of Maryland.
    (ii) Additional materials.
    (A) None.
    (96) Revisions to the State Implementation Plan submitted by the 
Maryland Department of the Environment on April 3, 1992.
    (i) Incorporation by reference.
    (A) Letter from the Maryland Department of Environment dated March 
27, 1992 submitting revisions to the Maryland State Implementation Plan.
    (B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the 
Code of Maryland Administrative Regulations (COMAR) revising Maryland's 
prevention of significant deterioration program to incorporate changes 
to 40 CFR 52.21 made between 1989 and 1990. The amendments to COMAR 
26.11.01.01 and 26.11.06.14 were effective on February 17, 1992 in the 
State of Maryland.
    (ii) Additional materials.
    (A) Remainder of April 3, 1992, State submittal.
    (97) Revisions to the State Implementation Plan submitted on June 
14, 1989, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 14, 1989, from the Maryland Department of the 
Environment transmitting a revision to a Maryland State Implementation 
Plan.
    (B) Revision to COMAR 26.11.01.01E (Definition of ``Control 
Officer''), effective June 20, 1989.
    (ii) Additional material.
    (A) Remainder of the June 14, 1989 State submittal.
    (98) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991, and amended on January 18, 1993, by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letters of April 5, 1991, and January 18, 1993, from the 
Maryland Department of the Environment transmitting additions and 
revisions to Maryland's State Implementation Plan, pertaining to 
volatile organic compound regulations in Maryland's air quality 
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) The addition of COMAR 26.11.19.15C (proposed as COMAR 
10.18.19.15C), Standards for Adhesive

[[Page 38]]

Application, adopted by the Secretary of Health and Hygiene on June 10, 
1987, effective August 10, 1987;
    (C) Amendments to COMAR 26.11.19.15C adopted by the Secretary of the 
Environment on March 9, 1991, effective May 8, 1991; and
    (D) Amendments to COMAR 26.11.19.15C(4) adopted by the Secretary of 
the Environment on January 18, 1992, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of April 5, 1991, and January 18, 1993, State 
submittals pertaining to COMAR 26.11.19.15C, Standards for Adhesive 
Application.
    (B) Letter of April 17, 1992, from the Maryland Department of the 
Environment clarifying the intent of its April 5, 1991, letter 
transmitting revisions and additions to Maryland's State Implementation 
Plan.
    (C) Letter of July 10, 1992, from the Maryland Department of the 
Environment clarifying Maryland's intent regarding COMAR 26.11.19.15C(4) 
and stating that Maryland was working to correct the administrative 
error in COMAR 26.11.19.15C(4) contained in the April 5, 1991, 
submittal.
    (99) Revisions to the Maryland regulations for particulate matter 
(PM-10) submitted on March 1, 1989, by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of March 1, 1989, from the Department of the Environment 
transmitting a revision to the Maryland State implementation plan for 
particulate matter (PM-10) Group III areas.
    (B) COMAR 10.18.01 (General Administrative Provisions), COMAR 
10.18.02 (Permits, Approvals, and Registration), COMAR 10.18.03 (State-
Adopted National Ambient Air Quality Standards and Guidelines), COMAR 
10.18.05 (Air Pollution Episode System), and COMAR 10.18.06 (General 
Emission Standards, Prohibitions, and Restrictions) as published in the 
Maryland Register on February 10, 1989. The regulations were adopted on 
January 20, 1989, and became effective on March 21, 1989.
    (ii) Additional materials.
    (A) Remainder of the State implementation plan revision request 
submitted by the Maryland Department of the Environment on March 1, 
1989.
    (100) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on June 7, 1990, by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of June 7, 1990, from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan.
    (B) The following revised regulations to COMAR 26.11.05 (Air 
Pollution Episode Plans), effective June 18, 1990: 26.11.05.01A., .01B., 
.01H., and .01J.; 26.11.05.02B., .02C.; 26.11.05.03A., 03B., 03D.; 
26.11.05.05A., 05B., 05C., and .05D. Deletion of the definition 
``coefficient of haze.''
    (ii) Additional material.
    (A) Remainder of the June 7, 1990, State submittal.
    (101) Revisions to the State of Maryland Regulations Oxygenated 
Gasoline Program regulations submitted on November 13, 1992, by the 
Maryland Department of the Environment. Effective date October 26, 1992.
    (i) Incorporation by reference.
    (A) Letter of November 13, 1992, from the Maryland Department of the 
Environment transmitting Oxygenated Gasoline Program regulations.
    (B) The following State of Maryland regulations effective October 
26, 1992:
    (1) Amendments to COMAR 26.11.13.01 (Control of Gasoline and 
Volatile Organic Compound Storage and Handling).
    (2) Deletion of Regulation .06 under COMAR 26.11.13 (Control of 
Gasoline and Volatile Organic Compound Storage and Handling).
    (3) New Regulation COMAR 26.11.20.03 (Mobile Sources).
    (4) COMAR 03.03.05.01, .01-1, .02-1, .05, .08, and .15 (Motor Fuel 
Inspection).
    (5) COMAR 03.03.06.01 through .06 (Emissions Control Compliance).
    (ii) The remainder of the November 13, 1992, submittal.
    (102) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.

[[Page 39]]

    (A) Letter of April 5, 1991 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of Health and Hygiene on June 10, 1987, 
effective August 10, 1987:
    (1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B), 
pertaining to control of Volatile organic compounds from installations.
    (2) Addition of new section COMAR 26.11.06.06E, (proposed as 
10.18.06.06E), exemptions.
    (3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR 
10.18.21.01B), including the addition of the definitions for the terms 
adhesive and exempt solvent, the renumbering of all definitions.
    (4) Amendments to COMAR 26.11.19.02B-F, (proposed as COMAR 
10.18.21.02B-F), pertaining to compliance methods, methods of assessing 
compliance, test methods, computations, and reporting.
    (5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR 
10.18.21.10B), pertaining to applicability and exemptions for graphic 
arts sources.
    (6) Amendments to COMAR 26.11.19.13, (proposed as COMAR 
10.18.21.13), pertaining to miscellaneous metal coating.
    (7) Addition of new section COMAR 26.11.19.15A (proposed as 
10.18.21.15A), definition of terms.
    (8) Addition of new section COMAR 26.11.19.15B (proposed as 
10.18.21.15B), standards for paint, resin and adhesive manufacturing.
    (C) Amendments to COMAR 26.11.19.12 (proposed as COMAR 10.18.21.12), 
pertaining to dry cleaning installations, including the addition of new 
sections E and F, pertaining to equipment specifications, emission 
standards, and compliance determinations for petroleum solvent dry 
cleaning installations, adopted by the Secretary of the Environment on 
April 21, 1989, effective June 20, 1989.
    (D) Amendments to COMAR 26.11.19.12B-F, pertaining to applicability, 
exemptions, equipment specifications, emission standards, and compliance 
determinations for perchloroethylene and petroleum solvent dry cleaning 
installations, adopted by the Secretary of the Environment on May 17, 
1990, effective July 16, 1990.
    (E) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on March 9, 1991, effective 
May 8, 1991:
    (1) Amendments to COMAR 26.11.01.01, including the addition of 
definitions for the terms actual emissions, allowable emissions, 
potential to emit, premises, and reasonably available control technology 
(RACT); deletion of the definition for the term Ringelmann Smoke Chart; 
amendments to definitions for the terms New Source Impacting on a Non-
Attainment Area (NSINA) and volatile organic compound (VOC); and 
renumbering of all definitions.
    (2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to 
permits to construct or modify for motor vehicle gasoline storage tanks.
    (3) The addition of new section COMAR 26.11.06.01, definitions for 
the terms installation and process line.
    (4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to 
applicability, control, and exemptions for sources of volatile organic 
compounds.
    (5) The deletion of existing COMAR 26.11.13, pertaining to gasoline 
and volatile organic compound storage and handling.
    (6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06, 
pertaining to definitions, applicability, and exemptions for gasoline 
and volatile organic compounds storage and handling, large storage 
tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure.
    (7) Amendments to COMAR 26.11.19.01B, addition of the definition for 
the term transfer efficiency, amendments to the definition for the term 
coating.
    (8) Amendments to COMAR 26.11.19.02A-F, pertaining to applicability, 
compliance methods, methods of assessing compliance, test methods,

[[Page 40]]

computations, and reporting for volatile organic compound regulations.
    (9) Amendments to COMAR 26.11.19.07, the addition of new section B 
and revisions to new section C (former section B), pertaining to paper, 
fabric, and vinyl coating.
    (10) Amendments to COMAR 26.11.19.10A, the deletion of definitions 
for the terms high velocity hot-air dryer, letterpress methods, 
lithographic methods, and roll printing; revisions to the definition for 
the term web printing; and renumbering of all definitions.
    (11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic 
arts, including the deletion of existing section C and the addition of 
new section C.
    (12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining to 
sheet-fed paper and plastic parts coating, including definitions for the 
terms fountain, letterpress printing, lithographic printing, plastic 
parts coating, and sheet-fed coating.
    (13) Amendments to COMAR 26.11.19.13B and C, pertaining to 
miscellaneous metal coating.
    (14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized 
pharmaceutical products.
    (15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint, 
resin, and adhesive manufacturing, including revisions to definitions 
for the terms adhesive application, resin thin down tank, specialty 
footwear manufacturing, specialty spiral tube winding, spiral tube 
winding, and spiral wound tube impregnating and curing, the deletion of 
the definition for the term honeycomb core installation, and the 
renumbering of all definitions.
    (ii) Additional material.
    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 
26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E, 
26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06, 
26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C, 
26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B.
    (B) Letter of April 17, 1992 from the Maryland Department of the 
Environment clarifying the intent of its April 5, 1991 letter 
transmitting additions, deletions, and revisions to Maryland's State 
Implementation Plan.
    (C) Letter of October 18, 1993 from the Maryland Department of the 
Environment formally withdrawing revisions to COMAR 26.11.19.11D and E, 
pertaining to lithographic printing, from consideration as revisions to 
Maryland's State Implementation Plan.
    (103) Revisions to the Maryland State Implementation Plan submitted 
on September 20, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of September 20, 1991 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on July 24, 1991, effective 
August 19, 1991:
    (1) Amendments to COMAR 26.11.01.01DD, the definition for the term 
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of a: reference to 40 CFR part 60; and 
Methods 1000, 1002, and 1003 and Appendixes A and B, contained in 
``Technical Memorandum 91-01, Test Methods and Equipment Specifications 
for Stationary Sources'' (January 1991).
    (3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions 
for large storage tanks.
    (4) Amendments to COMAR 26.11.19.02D(2), pertaining to test methods.
    (5) Amendments to COMAR 26.11.19.07A, including amendments to the 
definition for the term paper coating, and the addition of definitions 
for the terms sheet-fed paper coating and ultraviolet curable coating, 
and the renumbering of definitions.
    (6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed 
paper coating.
    (7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR 
26.11.19.11C, pertaining to plastic coating.

[[Page 41]]

    (8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to 
compliance determinations for petroleum solvent dry cleaning 
installations.
    (9) Addition of new COMAR 26.11.19.16, pertaining to volatile 
organic compound equipment leaks.
    (ii) Additional material.
    (A) Remainder of the September 20, 1991 State submittal pertaining 
to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and 
Methods 1000, 1002, and 1003 contained in ``Technical Memorandum 91-01, 
Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR 
26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR 
26.11.19.12F(3) and (4), and COMAR 26.11.19.16.
    (104) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 20, 1992, 
effective February 17, 1992:
    (1) Amendments to COMAR 26.1.01.01DD, the definition for the term 
volatile organic compound.
    (2) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1006, 1007, and 1008 
contained in Supplement 1 (July 1, 1991) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), and revisions to Method 1000 and Appendixes A and B 
contained in Supplement 1.
    (3) Amendments to COMAR 26.11.19.02D, pertaining to test methods for 
coatings and adhesives containing volatile organic compounds.
    (4) Amendments to COMAR 26.11.19.09B, pertaining to emission 
standards for volatile organic compound metal cleaning.
    (5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to 
compliance determinations for petroleum solvent dry cleaning 
installations.
    (ii) Additional material.
    (A) Remainder of the April 2, 1992 State submittal pertaining to 
COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 
1002, 1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to 
``Technical Memorandum 91-01, Test Methods and Equipment Specifications 
for Stationary Sources'' (January 1991), COMAR 26.11.19.02D, COMAR 
26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).
    (105) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the 
Environment transmitting addition, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on January 18, 1993, 
effective February 15, 1993:
    (1) Amendments to COMAR 26.11.01.04C, pertaining to emission test 
methods, including the addition of Methods 1009, 1011, and 1012 
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources'' 
(January 1991), and revisions to Method 1003 and Appendix B contained in 
Supplement 2.
    (2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to 
compliance determinations for tank trucks.

[[Page 42]]

    (3) Amendments to COMAR 26.11.19.07A(4), the definition for the term 
ultraviolet curable coating.
    (ii) Additional material.
    (A) Remainder of the January 18, 1993 State submittal pertaining to 
COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012 
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources 
(January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR 
26.11.19.07A(4).
    (106) Revisions to the Maryland Regulations submitted on September 
18, 1991 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of September 18, 1991 from the Maryland Department of the 
Environment transmitting the continuous emission monitoring revision.
    (B) Definition amendments to Code of Maryland Administrative 
Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new 
regulations COMAR 26.11.01.10 Continuous Emission Monitoring 
Requirements, concerning continuous opacity monitoring, effective July 
22, 1991.
    (ii) Additional materials.
    (A) Remainder of September 23, 1991 State submittal.
    (107) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993, from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) The addition of COMAR 26.11.24, Stage II Vapor Recovery at 
Gasoline Dispensing Facilities, adopted by the Secretary of the 
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of the January 18, 1993, State submittal pertaining to 
COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing 
Facilities.
    (108) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on March 30, 1987 by the Maryland Department of Health 
and Mental Hygiene:
    (i) Incorporation by reference.
    (A) Letter of March 30, 1987 from the Maryland Department of Health 
and Mental Hygiene transmitting revisions to the Maryland State 
Implementation Plan (SIP).
    (B) Revised COMAR 10.18.02.03H. (Action on an Application for a 
Permit and for Approval of a PSD Source or NSINA) (currently COMAR 
26.11.02.10C.), effective March 24, 1987.
    (ii) Additional material.
    (A) Remainder of the March 30, 1987 State submittal pertaining to 
COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.).
    (109) Revisions to the State of Maryland Regulations State 
Implementation Plan submitted on November 13, 1992 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 13, 1992 from Maryland Department of the 
Environment transmitting a revised regulation to require major sources 
of volatile organic compounds and oxides of nitrogen, Statewide, to 
certify their emissions annually.
    (B) Revisions to Title 26, COMAR 26.11.01, specifically to amend 
regulation .01, and to add regulation .05-1. Effective on December 7, 
1992.
    (ii) Additional material.
    (A) Remainder of December 7, 1992 State submittal.
    (110) Revisions to the Maryland State Implementation Plan submitted 
on April 5, 1991 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 1991 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The addition of COMAR 26.11.13.04, pertaining to loading 
operations, adopted by the Secretary of the

[[Page 43]]

Environment on March 9, 1991, effective May 8, 1991.
    (ii) Additional material.
    (A) Remainder of April 5, 1991 State submittal pertaining to COMAR 
26.11.13.04, loading operations.
    (111) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 2, 1992 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
procedures for bulk gasoline terminals, adopted by the Secretary of the 
Environment on January 20, 1992, effective February 17, 1992.
    (ii) Additional material.
    (A) Remainder of April 2, 1992 State submittal pertaining to COMAR 
26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (112) Revisions to the Maryland State Implementation Plan submitted 
on January 18, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 18, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Revisions to COMAR 26.11.13.04A(3), pertaining to test 
procedures for bulk gasoline terminals, adopted by the Secretary of the 
Environment on January 18, 1993, effective February 15, 1993.
    (ii) Additional material.
    (A) Remainder of January 18, 1993 State submittal pertaining to 
COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.
    (113) Revisions to the Maryland State Implementation Plan submitted 
on June 8, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) The following revisions to the provisions of COMAR 26.11, 
adopted by the Secretary of the Environment on March 26, 1993, effective 
April 26, 1993:
    (1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt 
paving.
    (2) Amendments to COMAR 26.11.13.01B(1), the definition for the term 
bulk gasoline plant.
    (3) Amendments to COMAR 26.11.13.02, pertaining to applicability and 
exemptions.
    (4) Amendments to COMAR 26.11.13.04, pertaining to loading 
operations.
    (5) The addition of new COMAR 26.11.13.07, pertaining to plans for 
compliance.
    (6) Amendments to COMAR 26.11.19.01B(4), the definition for the term 
major stationary source of VOC.
    (7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to 
applicability, reporting and recordkeeping, and plans for compliance, 
respectively.
    (8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts.
    (ii) Additional material.
    (A) Remainder of June 8, 1993 State submittal pertaining to COMAR 
26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR 
26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR 
26.11.19.02A, F, and H, and COMAR 26.11.19.10.
    (114) Revisions to the Maryland State Implementation Plan submitted 
on July 19, 1993 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 19, 1993 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, COMAR 26.11.

[[Page 44]]

    (B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline 
terminals, adopted by the Secretary of the Environment on June 25, 1993, 
effective July 19, 1993.
    (ii) Additional material.
    (A) Remainder of July 19, 1993 State submittal pertaining to COMAR 
26.11.13.04A, bulk gasoline terminals.
    (115)-(116) [Reserved]
    (117) The carbon monoxide redesignation request and maintenance plan 
for the Baltimore Carbon Monoxide nonattainment area, submitted by the 
Maryland Department of the Environment on September 20, 1995, as part of 
the Maryland SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of September 20, 1995 from the Maryland Department of the 
Environment requesting the redesignation and submitting the maintenance 
plan.
    (B) The ten year carbon monoxide maintenance plan for the Baltimore 
Carbon Monoxide nonattainment area adopted on August 31, 1995.
    (ii) Additional material.
    (A) Remainder of September 20, 1995 State submittal.
    (118) The carbon monoxide redesignation and maintenance plan for the 
Counties of Montgomery and Prince George, Maryland submitted by the 
Maryland Department of the Environment on October 12, 1995, as part of 
the Maryland SIP. The emission inventory projections are included in the 
maintenance plan.
    (i) Incorporation by reference.
    (A) Letter of October 12, 1995 from the Maryland Department of the 
Environment requesting the redesignation and submitting the maintenance 
plan.
    (B) Maintenance Plan for the Maryland portion of the Metropolitan 
Washington Carbon Monoxide Nonattainment Area adopted on September 20, 
1995.
    (ii) Additional material.
    (A) Remainder of October 12, 1995 State submittal.
    (119) Revisions to the Code of Maryland Administrative Regulations 
for prevention of significant deterioration submitted on July 17, 1995 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan.
    (B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and 
26.11.06.14 under the Code of Maryland Administrative Regulations 
(COMAR) revising Maryland's prevention of significant deterioration 
program to incorporate changes to 40 CFR 52.21 made between 1992 and 
1993. The amendments were effective on May 8, 1995 in the State of 
Maryland.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 State of Maryland submittal.
    (120) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) The following amendments to COMAR 26.11.07, pertaining to open 
fires, adopted by the Secretary of the Environment on May 1, 1995, 
effective May 22, 1995:
    (1) the deletion of sections 26.11.07.01 A and B, definitions for 
the terms ``hazardous material'' and ``I.I.A. standards.''
    (2) addition of new section 26.11.07.01B, ``Terms Defined.''
    (3) addition of new sections 26.11.07.01B(1) and (2), definitions of 
the terms ``excessive lodging'' and ``forest resource management 
practices.''
    (4) renumbering of old sections 26.11.07.01C & D, now new sections 
26.11.07.01B(3) & (4).
    (5) amendments to section 26.11.07.02, pertaining to general 
provisions.
    (6) amendments to sections 26.11.07.03A, B, and B(1), pertaining to 
open fires authorized by control officers.
    (7) addition of new section 26.11.07.03C, ``Prohibition on Open 
Burning.''

[[Page 45]]

    (8) amendments to section 26.11.07.04, pertaining to open fires 
authorized by public officers, including the addition of new sections 
(4)--(7).
    (9) amendments to section 26.11.07.05, pertaining to open fires 
allowed without authorization.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.07.
    (121) Revisions to the Maryland State Implementation Plan submitted 
on July 17, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to 
Maryland's State Implementation Plan, pertaining to volatile organic 
compound regulations in Maryland's air quality regulations, Code of 
Maryland Administrative Regulations (COMAR) 26.11.
    (B) Amendments to COMAR 26.11.19.02A, pertaining to once-in, always-
in applicability provisions, consisting of revisions to COMAR 
26.11.19.02A(3), and the addition of new COMAR 26.11.19.02A (4) and (5), 
adopted by the Secretary of the Environment on April 7, 1995, and 
effective on May 8, 1995.
    (C) Amendments to COMAR 26.11.19.01B, consisting of the addition of 
new COMAR 26.11.19.01B(1-1), the definition for the term ``annual,'' 
adopted by the Secretary of the Environment on April 7, 1995, effective 
on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.02A(3)-(5) and COMAR 26.11.19.01B(1-1).
    (122) Revisions to the Maryland State Implementation Plan submitted 
on July 17, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, COMAR 26.11.
    (B) Addition of new COMAR 26.11.01.01B(20-I) and new COMAR 
26.11.24.01B(9-I), definition of the term ``motor vehicle,'' adopted by 
the Secretary of the Environment on April 7, 1995, and effective on May 
8, 1995.
    (ii) Additional material.
    (A) Remainder of July 17, 1995 Maryland State submittal pertaining 
to COMAR 26.11.01.01B(20-I) and COMAR 26.11.24.01B(9-I), definition of 
the term ``motor vehicle.''
    (123) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound 
Metal Cleaning (entire regulation).
    (C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from 
Cold and Vapor Degreasing, adopted by the Secretary of the Environment 
on May 12, 1995, and effective on June 5, 1995, including the following:
    (1) Addition of new COMAR 26.11.19.09.A Definitions.
    (2) Addition of new COMAR 26.11.19.09.B Terms Defined, including 
definitions for the terms ``cold degreasing,'' ``degreasing material,'' 
``grease,'' ``halogenated substance,'' ``vapor degreasing,'' and ``VOC 
degreasing material.''
    (3) Addition of new COMAR 26.11.19.09.C Applicability.
    (4) Addition of new COMAR 26.11.19.09.D Requirements.
    (5) Addition of new COMAR 26.11.19.09.E Specifications for Cold 
Degreasing and Requirements for Vapor Degreasing.
    (6) Addition of new COMAR 26.11.19.09.F. Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.09 Control of VOC

[[Page 46]]

Emissions from Cold and Vapor Degreasing.
    (124) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from 
Vehicle Refinishing, adopted by the Secretary of the Environment on May 
1, 1995, and effective on May 22, 1995, including the following:
    (1) Addition of new COMAR 26.11.19.23A Definitions, including 
definitions for the terms ``base coat/clear coat system,'' ``controlled 
air spray system,'' ``mobile equipment,'' ``multistage coating 
equipment,'' ``precoat,'' ``pretreatment,'' ``primer sealer,'' ``primer 
surfacer,'' ``specialty coating,'' ``topcoat,'' and ``vehicle 
refinishing.''
    (2) Addition of new COMAR 26.11.19.23B. Applicability and 
Exemptions.
    (3) Addition of new COMAR 26.11.19.23C. Coating Standards and 
General Conditions.
    (4) Addition of new COMAR 26.11.19.23D. Calculations.
    (5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty 
Coatings.
    (6) Addition of new COMAR 26.11.19.23F. Coating Application 
Equipment Requirements.
    (7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface 
Preparation Requirements
    (8) Addition of new COMAR 26.11.19.23H. Monitoring and Records.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.23 Vehicle Refinishing.
    (125) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Four letters dated July 12, 1995 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound (VOC) 
regulations in Maryland's air quality regulations, COMAR 26.11.
    (B) Regulations:
    (1) Addition of new COMAR 26.11.19.17 Control of VOC Emissions from 
Yeast Manufacturing, adopted by the Secretary of the Environment on 
October 14, 1994 and effective on November 7, 1994, revisions adopted by 
the Secretary of the Environment on May 12, 1995, and effective on June 
5, 1995, including the following:
    (i) Addition of new COMAR 26.11.19.17.A Definitions, including 
definitions for the terms ``fermentation batch,'' ``first generation 
fermenter,'' ``stock fermenter,'' ``trade fermenter,'' and ``yeast 
manufacturing installation.''
    (ii) Addition of new COMAR 26.11.19.17.B Applicability, Exemptions, 
and Compliance Date.
    (iii) Addition of new COMAR 26.11.19.17.C Requirements for Yeast 
Manufacturing Installations.
    (iv) Addition of new COMAR 26.11.19.17.D Determination of Compliance 
and Testing.
    (v) Addition of new COMAR 26.11.19.17.E Reporting Requirements.
    (vi) Amendment to COMAR 26.11.19.17.C(3), pertaining to limits for 
temperature and pH.
    (vii) Amendment to COMAR 26.11.19.17.D(3), pertaining to stack test 
dates.
    (2) Addition of new COMAR 26.11.19.18 Control of VOC Emissions from 
Screen Printing, adopted by the Secretary of the Environment on October 
14, 1994 and effective on November 7, 1994, revisions adopted by the 
Secretary of the Environment on May 16, 1995 and effective on June 5, 
1995, including the following:
    (i) Addition of new COMAR 26.11.19.18.A, including definitions for 
the terms ``acid/etch resist ink,'' ``anoprint ink,'' ``back-up 
coating,'' ``clear coating,'' ``conductive ink,'' ``electroluminescent 
ink,'' ``exterior illuminated sign,'' ``haze removal,'' ``ink removal,'' 
``maximum VOC content,''

[[Page 47]]

``plastic card manufacturing installation,'' ``plywood sign coating,'' 
``screen printing,'' ``screen printing installation,'' ``screen 
reclamation,'' ``specialty inks.''
    (ii) Addition of new COMAR 26.11.19.18.B Applicability.
    (iii) Addition of new COMAR 26.11.19.18.C General Requirements for 
Screen Printing.
    (iv) Addition of new COMAR 26.11.19.18.D General Requirements for 
Plywood Sign Coating.
    (v) Addition of new COMAR 26.11.19.18.E General Requirements for 
Plastic Card Manufacturing Installations.
    (vi) Addition of new COMAR 26.11.19.18.F Control of VOC Emissions 
from the Use of Specialty Inks.
    (vii) Addition of new COMAR 26.11.19.18.G Control of VOC Emissions 
from Clear Coating Operations.
    (viii) Addition of new COMAR 26.11.19.18.H Control of VOC Emissions 
from Ink and Haze Removal and Screen Reclamation.
    (ix) Addition of new COMAR 26.11.19.18.I.
    (x) Addition of new COMAR 26.11.19.18.A(17), definition for the term 
``untreated sign paper.''
    (xi) Addition of new COMAR 26.11.19.18.C(2), replacing previous 
Sec. C(2).
    (xii) Addition of new COMAR 26.11.19.18.C(3) Use of Control Devices.
    (xiii) Addition of new COMAR 26.11.19.18.E(2)(b), replacing previous 
Sec. E(2)(b).
    (xiv) Addition of new COMAR 26.11.19.18.I Record Keeping, replacing 
the previous Sec. I.
    (3) Addition of new COMAR 26.11.19.19 Control of VOC Emissions from 
Expandable Polystyrene Operations, adopted by the Secretary of the 
Environment on June 9, 1995, and effective on July 3, 1995, including 
the following:
    (i) Addition of new COMAR 26.11.19.19.A Definitions.
    (ii) Addition of new COMAR 26.11.19.19.B Terms Defined, including 
definitions for the terms ``expandable polystyrene operation (EPO),'' 
``blowing agent,'' ``preexpander,'' ``recycled expanded polystyrene,'' 
and ``reduced VOC content beads.''
    (iii) Addition of new COMAR 26.11.19.19.C Applicability.
    (iv) Addition of new COMAR 26.11.19.19.D General Requirements.
    (v) Addition of new COMAR 26.11.19.19.E Testing Requirements.
    (vi) Addition of new COMAR 26.11.19.19.F Record Keeping.
    (4) Addition of new COMAR 26.11.19.21, Control of VOC Emissions from 
Commercial Bakery Ovens, adopted by the Secretary of the Environment on 
June 9, 1995, and effective on July 3, 1995.
    (i) Addition of new COMAR 26.11.19.21.A Definitions.
    (ii) Addition of new COMAR 26.11.19.21.B Terms Defined, including 
definitions for the terms ``commercial bakery oven,'' ``fermentation 
time,'' ``yeast percentage,'' and ``Yt value.''
    (iii) Addition of new COMAR 26.11.19.21.C Applicability and 
Exemptions.
    (iv) Addition of new COMAR 26.11.19.21.D General Requirements.
    (v) Addition of new COMAR 26.11.19.21.E Use of Innovative Control 
Methods.
    (vi) Addition of new COMAR 26.11.19.21.F Reporting and Testing 
Requirements.
    (ii) Additional material.
    (A) Remainder of July 12, 1995 Maryland State submittals pertaining 
to COMAR 26.11.19.21, .17, .18, and .19.
    (126) Revisions to the Maryland State Implementation Plan submitted 
on July 11, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 11, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.11 Control of VOC Emissions from 
Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of the 
Environment on May 5, 1995, and effective on June 5, 1995, including the 
following:
    (1) Deletion of COMAR 26.11.19.11 title, ``Other Miscellaneous 
Printing

[[Page 48]]

and Coating Processes'' and addition of new title, ``Lithographic 
Printing.''
    (2) Deletion of COMAR 26.11.19.11.A(4), definition for the term 
``plastic parts coating.''
    (3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts 
coating.
    (4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6) 
Applicability.
    (5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic 
Coating.
    (6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed 
Letter or Lithographic Printing.
    (7) Addition of new COMAR 26.11.19.11.D Requirements for 
Lithographic Web Printing.
    (8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning 
Printing Equipment.
    (9) Deletion of COMAR 26.11.19.10 title, ``Graphic Arts'' and 
addition of new title, ``Flexographic and Rotogravure Printing.''
    (10) Deletion of COMAR 26.11.19.10.A(4), definition for the term 
``web printing.''
    (11) Addition of COMAR 26.11.19.01.B(8), definition for the term 
``web printing.''
    (ii) Additional Material.
    (A) Remainder of July 11, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web 
Lithographic Printing.
    (127) Revisions to the Maryland State Implementation Plan submitted 
on July 11, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 11, 1995 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.07 Control of VOC Emissions from 
Paper Coating, adopted by the Secretary of the Environment on May 5, 
1995, and effective on June 5, 1995, including the following:
    (1) Addition of COMAR 26.11.19.07.A(2-1), definition for the term 
``plastic parts coating.''
    (2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric 
and vinyl coating.
    (3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic 
Coating.
    (ii) Additional Material.
    (A) Remainder of July 11, 1995 Maryland State submittal pertaining 
to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.
    (128) Revisions to the Maryland State Implementation Plan submitted 
on July 12, 1995 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Revisions to COMAR 26.11.19.01B(4), definition of the term 
``Major stationary source of VOC,'' adopted by the Secretary of the 
Environment on April 13, 1995, and effective on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of the July 12, 1995 Maryland State submittal 
pertaining to COMAR 26.11.19.01B(4), definition of the term ``Major 
stationary source of VOC.''
    (129) Revisions to the State of Maryland Regulations COMAR 
26.11.06.05--Sulfur Compounds from Other than Fuel Burning Equipment 
submitted on February 6, 1998 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting amendments to Code of Maryland Administrative 
Regulations (COMAR) 26.11.06.05--Sulfur Compounds from Other than Fuel 
Burning Equipment.
    (B) Revision to COMAR 26.11.06.05--Sulfur Compounds from Other than 
Fuel Burning Equipment, effective September 22, 1997 to replace the term

[[Page 49]]

``installations'' with the term ``equipment'' throughout the regulation.
    (ii) Additional Material.--Remainder of February 8, 1998 submittal.
    (130) Revisions to the Maryland State Implementation Plan submitted 
on March 31, 1998 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of March 31, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.13, pertaining to the control of VOC emissions from sources 
that store and handle JP-4 jet fuel adopted by the Secretary of the 
Environment on March 28, 1997 and effective August 11, 1997.
    (B) Revisions to COMAR 26.11.13.01(B)(4) the definition of 
``gasoline.''
    (ii) Additional Material: Remainder of March 31, 1998 Maryland State 
submittal pertaining to COMAR 26.11.13 control of VOCs from sources that 
store and handle JP-4 jet fuel.
    (131) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to volatile organic compounds in Maryland's air quality 
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.19.12: Control of Volatile Organic 
Compound Emissions from Dry Cleaning Installations, adopted by the 
Secretary of the Environment on August 18, 1997, and effective on 
September 22, 1997, including the following:
    (1) Deletion of COMAR 26.11.19.12.B(1), pertaining to 
perchloroethylene dry cleaner installations applicability.
    (2) Deletion of COMAR 26.11.19.12.C, Equipment Specifications and 
Emission Standards--Perchloroethylene Dry Cleaning Installations.
    (3) Deletion of COMAR 26.11.19.12.D, Determination of Compliance--
Perchloroethylene Dry Cleaning Installations.
    (ii) Additional Material--Remainder of February 6, 1998 State 
submittal pertaining to COMAR 26.11.19.12 Control of Volatile Organic 
Compound Emissions from Dry Cleaning Installations
    (132) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to volatile organic compounds in Maryland's air quality 
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
    (B) Revision to COMAR 26.11.13.04: Control of Gasoline and Volatile 
Organic Compound Storage and Handling from Loading Operations, adopted 
by the Secretary of the Environment on July 18, 1997, and effective on 
August 11, 1997, including the following:
    (1) Deletion of COMAR 26.11.13.04.C(1)(b), pertaining to the 
applicability of this regulation to gasoline storage tanks with a 
capacity greater than 250 gallons and less than 2000 gallons.
    (2) Deletion of COMAR 26.11.13.04.C(2), Exemptions.
    (3) Deletion of COMAR 26.11.13.04.C(4), Effective Date of Stage I 
Requirement for Certain Sources.
    (ii) Additional material--Remainder of February 6, 1998 State 
submittal pertaining to COMAR 26.11.13.04 Control of Gasoline and 
Volatile Organic Compound Storage and Handling from Loading Operations.
    (133) Limited approval of revisions to the Maryland State 
Implementation Plan submitted on April 5, 1991 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 5, 1991 from the Maryland Department of the 
Environment transmitting additions to Maryland's State Implementation 
Plan, pertaining to volatile organic compound regulations in Maryland's 
air quality regulations, Code of Maryland Administrative Regulations 
(COMAR) 26.11.
    (B) Addition of COMAR 26.11.19.02G, Control of Major Sources of 
Volatile Organic Compounds, pertaining to

[[Page 50]]

major VOC source RACT requirements, adopted by the Secretary of the 
Environment on March 9, 1991 and effective on May 8, 1991.
    (ii) Additional Material.
    (A) Remainder of the April 5, 1991 Maryland State submittal 
pertaining to COMAR 26.11.19.02G.
    (134) Limited approval of revisions to the Maryland State 
Implementation Plan submitted on June 8, 1993 by the Maryland Department 
of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Revisions to COMAR 26.11.06.06, Volatile Organic Compounds, 
pertaining to minor source VOC requirements, adopted by the Secretary of 
the Environment on March 26, 1993, and effective on April 26, 1993.
    (1) Amendments to COMAR 26.11.06.06A, Applicability.
    (2) Amendments to COMAR 26.11.06.06B, Control of VOC from 
Installations.
    (C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary 
Sources of Volatile Organic Compounds, pertaining to major VOC source 
RACT requirements, adopted by the Secretary of the Environment on March 
26, 1993, and effective on April 26, 1993.
    (ii) Additional Material.
    (A) Remainder of the June 8, 1993 Maryland State submittal 
pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR 
26.11.19.02G.
    (135) Limited approval of revisions to the Maryland State 
Implementation Plan submitted on July 12, 1995 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 12, 1995 from the Maryland Department of the 
Environment transmitting additions and deletions to Maryland's State 
Implementation Plan, pertaining to volatile organic compound regulations 
in Maryland's air quality regulations, Code of Maryland Administrative 
Regulations (COMAR) 26.11.
    (B) Revisions to COMAR 26.11.19.02G, Control of Major Stationary 
Sources of Volatile Organic Compounds, pertaining to major VOC source 
RACT requirements, adopted by the Secretary of the Environment on April 
13, 1995, and effective on May 8, 1995.
    (ii) Additional Material.
    (A) Remainder of the July 12, 1995 Maryland State submittal 
pertaining to COMAR 26.11.19.02G.
    (136) Revisions to the Maryland State Implementation Plan submitted 
on May 15, 1995 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of May 15, 1995 from the Maryland Department of the 
Environment transmitting Maryland Regulation COMAR 26.11.26.03, 
regarding General Conformity, for approval as a SIP revision.
    (B) Maryland Regulation COMAR 26.11.26.03, effective June 5, 1995.
    (ii) Additional material--Remainder of the May 15, 1995 state 
submittal pertaining to General Conformity.
    (137) Revision to the Maryland State Implementation Plan submitted 
on April 7, 1998 by the Maryland Department of the Environment 
establishing reasonably available control technology (RACT) for two 
additional VOC source category under COMAR 26.11.19, ``Volatile Organic 
Compounds from Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 
1997 and effective August 11, 1997.
    (B) New regulations COMAR 26.11.19.22 ``Control of Volatile Organic 
Compounds from Vinegar Generators''.
    (ii) Additional Material--Remainder of Maryland Department of the 
Environment's April 7, 1998 submittals pertaining to Vinegar Generators.
    (138) Revision to the Maryland State Implementation Plan submitted 
on April 7, 1998 by the Maryland Department of the Environment 
establishing reasonably available control technology (RACT) for an 
additional VOC

[[Page 51]]

source category under COMAR 26.11.19, ``Volatile Organic Compounds from 
Specific Processes.''
    (i) Incorporation by reference.
    (A) Letter dated April 7, 1998 from the Maryland Department of the 
Environment transmitting revisions to Maryland's air quality regulation 
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15, 
1997 and effective August 11, 1997.
    (B) New regulation COMAR 26.11.19.24 ``Control of Volatile Organic 
Compounds from Leather Coating Operations''.
    (ii) Additional Material--Remainder of Maryland Department of the 
Environment's April 7, 1998 submittals pertaining to Leather Coating 
Operations.
    (139) Revisions to the Maryland State Implementation Plan, submitted 
on August 28, 1998, by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998, from the Maryland Department of the 
Environment transmitting additions to Code of Maryland Administrative 
Regulations (COMAR) 26.11.19 Volatile Orgranic Compounds from Specific 
Processes.
    (B) Addition of COMAR 26.11.19.26 Control of Volatile Organic 
Compounds from Reinforced Plastic Manufacturing, effective August 11, 
1997.
    (ii) Additional Material: Remainder of August 28, 1998, State 
submittal pertaining to the addition of COMAR 26.11.19.26 Control of 
Volatile Organic Compounds from Reinforced Plastic Manufacturing to 
COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.
    (140) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.19, pertaining to the 
control of VOC emissions from automotive and light-duty truck coating 
operations.
    (B) Revised COMAR 26.11.19.03, effective September 22, 1997.
    (ii) Additional Material--Remainder of the February 6, 1998 State 
submittal [Revision No. 98-01].
    (141) Revisions to the Maryland State Implementation Plan submitted 
on August 28, 1998 by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.19 pertaining to the 
control of VOCs from special processes. The revision adds a new 
regulation at COMAR 26.11.19.25 for the control of VOC compounds from 
explosives and propellant manufacturing adopted by the Secretary of the 
Environment on July 15, 1997 and effective August 11, 1997.
    (B) Revisions to COMAR 26.11.19 entitled Volatile Organic Compounds 
from Specific Processes: The addition of new regulation COMAR 
26.11.19.25 Control of Volatile Organic Compounds from Explosives and 
Propellant Manufacturing.
    (ii) Additional Material: Remainder of August 28, 1998 Maryland 
State submittal pertaining to COMAR 26.11.19.25 to control VOCs from 
sources that manufacture explosives and propellants.
    (142) Revisions to the Maryland State Implementation Plan submitted 
on February 10, 1999 and February 12, 1999 by the Maryland Department of 
the Environment:
    (i) Incorporation by reference.
    (A) Three letters dated February 10, 1998 and one letter dated 
February 12, 1999 from the Maryland Department of the Environment 
transmitting additions to Maryland's State Implementation Plan, 
pertaining to volatile organic compound (VOC) regulations in Maryland's 
air quality regulations, COMAR 26.11.
    (B) Regulations:
    (1) Addition of new COMAR 26.11.19.07-1: Control of VOC Emissions 
from Solid Resin Decorative Surface Manufacturing, adopted by the 
Secretary of the Environment on May 20, 1998 and effective on June 15, 
1998, including the following:
    (i) Addition of new COMAR 26.11.19.07-1.A Definitions, including 
definitions for the terms ``particle plant operation,'' ``related 
operations,''

[[Page 52]]

``shaped goods plant,'' and ``solid resin decorative surface (SRDS) 
operation.''
    (ii) Addition of new COMAR 26.11.19.07-1.B Applicability.
    (iii) Addition of new COMAR 26.11.19.07-1.C General Requirements for 
SRDS Operations.
    (iv) Addition of new COMAR 26.11.19.07-1.D General Requirements for 
Particle Plant Operations.
    (v) Addition of new COMAR 26.11.19.07-1.E General Requirements for 
Shaped Goods Plants.
    (vi) Addition of new COMAR 26.11.19.07-1.F General Requirements for 
Related Operations.
    (vii) Addition of new COMAR 26.11.19.07-1.G Additional Requirements 
for VOC Storage Tanks.
    (viii) Addition of new COMAR 26.11.19.07-1.H Reporting and Record-
Keeping Requirements.
    (2) Addition of new COMAR 26.11.19.13-2: Control of VOC Emissions 
from Brake Shoe Coating Operations, adopted by the Secretary of the 
Environment on August 4, 1998 and effective on August 24, 1998, 
including the following:
    (i) Addition of new COMAR 26.11.19.13-2.A Definitions.
    (ii) Addition of new COMAR 26.11.19.13-2.B Terms Defined, including 
definitions for the terms ``brake caliper rust preventive coating,'' and 
``brake shoe coating operation.''
    (iii) Addition of new COMAR 26.11.19.13-2.C Applicability.
    (iv) Addition of new COMAR 26.11.19.13-2.D General Coating 
Requirements.
    (v) Addition of new COMAR 26.11.19.18.E Equipment Cleanup.
    (vi) Addition of new COMAR 26.11.19.13.B(3)(e) and (f), exempting 
brake shoe coating and structural steel coating operations from 
Miscellaneous Metal Coatings.
    (3) Addition of new COMAR 26.11.19.13-3: Control of Volatile Organic 
Compounds from Structural Steel Coating Operations, adopted by the 
Secretary of the Environment on June 5, 1998, and effective on June 29, 
1998, including the following:
    (i) Addition of new COMAR 26.11.19.13-3.A Definitions, including 
definitions for the terms ``controlled air spray system,'' ``dip coating 
operation,'' ``protective coating,'' and ``structural steel coating 
operation.''
    (ii) Addition of new COMAR 26.11.19.13-3.B Applicability.
    (iii) Addition of new COMAR 26.11.19.13-3.C Coating Requirements.
    (iv) Addition of new COMAR 26.11.19.13-3.D Cleanup Requirements.
    (4) Revision to COMAR 26.11.19.18: Control of VOC Emissions from 
Screen Printing and Digital Imaging, adopted by the Secretary of the 
Environment on August 4, 1998, and effective on August 24, 1998, 
including the following:
    (i) Addition of new COMAR 26.11.19.18.A(5-1), definition for the 
term ``digital imaging.''
    (ii) Deletion of existing COMAR 26.11.19.18.B-I.
    (iii) Addition of new COMAR 26.11.18.21.B Applicability.
    (iv) Addition of new COMAR 26.11.18.21.C General Requirements for 
Screen Printing.
    (v) Addition of new COMAR 26.11.18.21.D General Requirements for 
Plywood Sign Coating.
    (vi) Addition of new COMAR 26.11.18.21.E General Requirements for 
Plastic Card Manufacturing.
    (vii) Addition of new COMAR 26.11.19.18.F General Requirements for 
Digital Imaging.
    (viii) Addition of new COMAR 26.11.19.18.G Record Keeping.
    (ii) Additional Material.
    (A) Remainder of February 10, 1999 and February 12, 1999 Maryland 
State submittals pertaining to COMAR 26.11.19.07-1, .13-2, .13-3, and 
.18.
    (143) Revisions to the Code of Maryland Air Regulations (COMAR) 
26.11.01.01 and 26.11.09.01, and limited approval of revisions to COMAR 
26.11.09.08, submitted on June 8, 1993 and July 11, 1995 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 8, 1993 from the Maryland Department of the 
Environment transmitting COMAR 26.11.09.08, Control of NOX 
Emissions from Major Stationary Sources and amendments to COMAR 
26.11.09.01, Definitions.
    (B) COMAR 26.11.09.08, Control of NOX Emissions from 
Major Stationary Sources, effective on May 10, 1993, replacing the 
existing COMAR 26.11.09.08.

[[Page 53]]

    (C) Amendment to COMAR 26.11.09.01, Definitions, effective on May 
10, 1993.
    (D) Letter of July 11, 1995 from the Maryland Department of the 
Environment transmitting amendments to COMAR 26.11.09.08, Control of 
NOX Emissions from Major Stationary Sources, amendments to 
COMAR 26.11.01.01, Definitions and COMAR 26.11.09.01, Definitions.
    (E) Amendments to COMAR 26.11.09.08, Control of NOX 
Emissions from Major Stationary Sources, effective on June 20, 1994 and 
May 8, 1995.
    (F) Amendment to COMAR 26.11.01.01, Definitions, effective on June 
20, 1994.
    (G) Amendments to COMAR 26.11.09.01, Definitions, effective on June 
20, 1994 and on May 8, 1995.
    (ii) Additional material.
    (A) Remainder of June 8, 1993 and July 11, 1995 State submittals.
    (B) Letter of October 29, 1998 from the Maryland Department of the 
Environment agreeing to meet certain conditions by no later than 12 
months after July 22, 1999.
    (144) Revisions to the Maryland State Implementation Plan submitted 
by the Maryland Department of the Environment on July 10, 1995, March 
27, 1996, and September 25, 1998 as supplemented on May 25, 1999:
    (i) Incorporation by reference.
    (A) Letter of July 10, 1995, from the Maryland Department of the 
Environment transmitting an Enhanced Vehicle Emissions Inspection 
Program.
    (B) Regulations for the Vehicle Emissions Inspection Program COMAR 
11.14.08. adopted by the Secretary of the Environment on August 1, 1994, 
effective January 2, 1995:
    (1) COMAR 11.14.08.01 through COMAR 11.14.08.02, inclusive.
    (2) COMAR 11.14.08.03A.
    (3) COMAR 11.14.08.03A(1).
    (4) COMAR 11.14.08.03A(2) except the word ``federal,'' in the first 
line.
    (5) COMAR 11.14.08.03B.
    (6) COMAR 11.14.08.04.
    (7) COMAR 11.14.08.05, section A.
    (8) COMAR 11.14.08.05 sections B(1) through (7), inclusive.
    (9) COMAR 11.14.08.05 sections C. through F., inclusive.
    (10) COMAR 11.14.08.06 through COMAR 11.14.08.42, inclusive.
    (C) Letter of March 27, 1996, from the Maryland Department of the 
Environment transmitting amendments to the Enhanced Vehicle Emissions 
Inspection Program.
    (D) Letter of September 25, 1998, from the Maryland Department of 
the Environment transmitting amendments to the Enhanced Vehicle 
Emissions Inspection Program.
    (E) The following revisions to the provisions of COMAR 11.14.08 
adopted by the Secretary of the Environment on November 21, 1996, 
effective December 16, 1996:
    (1) Amendments to COMAR 11.14.08.03B.
    (2) The addition of a new COMAR 11.14.08.03C.
    (3) Amendments to COMAR 11.14.08.05B(4).
    (4) Amendments to COMAR 11.14.08.06D(7).
    (5) Renumbering COMAR 11.14.08.09A to .09B, .09B to .09C, .09C to 
.09D and .09D to. 09E, .09E to .09F, and .09F to .09G.
    (6) The addition of a new COMAR 11.14.08.09A, A(1) and A(3).
    (7) Amendments to COMAR 11.14.08.09B(1), B(1)(a), B(1)(b), B(2), 
B(3), B(3)(a), B(3)(b) and B(4).
    (8) Amendments to COMAR 11.14.08.09E.
    (9) The addition of a new COMAR 11.14.08.09-1 except the phrase 
``and, to the extent allowed by federal law, a vehicle owned by the 
federal government'' in section COMAR 11.14.08.09-1A.
    (10) Renumbering COMAR 11.14.08.06B(3) to B(4), B(4) to B(5), B(5) 
to B(6), and B(6) to B(7).
    (11) Creation of a new COMAR 11.14.08.06B(3) from the last two 
sentences of COMAR 11.14.08.06B(2).
    (12) Amendments to COMAR 11.14.08.10B(3).
    (13) Amendments to COMAR 11.14.08.10C.
    (14) Deletion of COMAR 11.14.08.10C(1), C(1)(a) through C(1)(c), 
inclusive, and C(2).
    (15) Renumbering COMAR 11.14.08.10C(2)(a) to C(1), C(2)(b) to C(2), 
C(2)(c) to C(3), C(2)(d) to C(4), C(2)(e) to C(5), and C(2)(f) to C(6).
    (16) The addition of a new COMAR 11.14.08.11-1 except the phrase 
``and, to

[[Page 54]]

the extent allowed by federal law, a vehicle owned by the federal 
government'' in section COMAR 11.14.08.11-1A.
    (17) Amendments to COMAR 11.14.08.12A.
    (18) Deletion of COMAR 11.14.08.12A(1) through .12A(6), inclusive.
    (19) Amendments to COMAR 11.14.08.12B(1).
    (20) Amendments to COMAR 11.14.08.29A(2).
    (21) Amendments to COMAR 11.14.08.30D(2).
    (22) Amendments to COMAR 11.14.08.32A.
    (23) Amendments to COMAR 11.14.08.32B(5).
    (24) Amendments to COMAR 11.14.08.42.
    (F) The following revisions to the provisions of COMAR 11.14.08 
adopted by the Secretary of the Environment on September 16, 1998, 
effective October 19, 1998:
    (1) Amendments to COMAR 11.14.08.02B(40), B(40(a), and B(40)(b).
    (2) Deletion of COMAR 11.14.08.03C.
    (3) Addition of a new COMAR 11.14.08.03C and .03D.
    (4) Amendments to COMAR 11.14.08.06A(2).
    (5) Amendments to COMAR 11.14.08.06A(3)(k), (p), (q) and (r).
    (6) Renumbering COMAR 11.14.08.06A(3)(s) and (t) to COMAR 
11.14.08.06A(3)(t) and (u), respectively.
    (7) The addition of a new COMAR 11.14.08.06A(3)(s).
    (8) Amendment of COMAR 11.14.08.06D(7).
    (9) Addition of a new COMAR 11.14.08.07C.
    (10) Amendments to COMAR 11.14.08.09A.
    (11) Deletion of COMAR 11.14.08.09A(1) through .09A(3), inclusive.
    (12) Addition of a new COMAR 11.14.08.09A(1).
    (13) Addition of a new COMAR 11.14.08.09A(2), A(2)(a) and A(2)(b).
    (14) Amendments to COMAR 11.14.08.09B, B(1), B(1)(a) and B(1)(a)(i).
    (15) Amendments to COMAR 11.14.08.09B(1)(b).
    (16) Amendments to COMAR 11.14.08.09B(2) and B(2)(a).
    (17) Amendments to COMAR 11.14.08.09B(3).
    (18) Amendments to COMAR 11.14.08.09B(3)(a) and (b).
    (19) Amendments to COMAR 11.14.08.09A(4).
    (20) Amendments to COMAR 11.14.08.09A(4)(a).
    (21) Renumbering of COMAR 11.14.08.09E to .09F, .09F to .09G, and 
.09G to .09H.
    (22) Reservation with notes of COMAR 11.14.08.09C and .09D,
    (23) Addition with a note of a new reserved COMAR 11.14.08.09E.
    (24) Amendments to COMAR 11.14.08.09F and .09G.
    (25) Amendments to COMAR 11.14.08.10B(1)(c) and B(1)(d).
    (26) Amendments to COMAR 11.14.08.10C(6)(b).
    (27) Renumbering of COMAR 11.14.08.11 to COMAR 11.14.08.11-1.
    (28) Addition of a new COMAR 11.14.08.11.
    (29) Amendments to COMAR 11.14.08.11-1, .11-1A(3), .11-1A(4), 11-1B, 
11-1B(4) and 11-1B(5).
    (30) Reservation with a note of COMAR 11.14.08.11-1C.
    (31) Amendments to COMAR 11.14.08.11-1D(1) and 11-1D(2).
    (32) Amendment to COMAR 11.14.08.12.
    (33) Renumbering of COMAR 11.14.08.12B to .12C.
    (34) Reservation with a note of COMAR 11.14.08.12A.
    (35) Addition a new COMAR 11.14.08.12B and .12B(1).
    (36) Addition with a note of a new reserved COMAR 11.14.08.12B(2).
    (37) Amendments to COMAR 11.14.08.12C(1) and C(3).
    (38) Amendments to COMAR 11.14.08.15C(7)(c).
    (39) Amendments to COMAR 11.14.08.16.
    (40) Renumbering COMAR 11.14.08.16C to COMAR 11.14.08.16D.
    (41) Reservation with a note of COMAR 11.14.08.16A and .16B.
    (42) Addition with a note of a new reserved COMAR 11.14.08.16C.
    (43) Amendments to COMAR 11.14.08.16D.
    (44) Renumbering COMAR 11.14.08.22C to COMAR 11.14.08.22D.
    (45) Reservation with a note of COMAR 11.14.08.22A and .22B.

[[Page 55]]

    (46) Addition with a note of a new reserved COMAR 11.14.08.22C.
    (47) Amendments to COMAR 11.14.08.27C(2).
    (48) The deletion of COMAR 11.14.08.27C(3).
    (49) Renumbering COMAR 11.14.08.27C(4) to COMAR 11.14.08.27C(3).
    (50) Amendments to COMAR 11.14.08.28A.
    (51) Amendments to COMAR 11.14.08.32A.
    (52) Amendments to COMAR 11.14.08.32B(5).
    (53) Amendments to COMAR 11.14.08.42.
    (G) Letter of May 25, 1999, from the Maryland Department of the 
Environment transmitting amendments to the Enhanced Vehicle Emissions 
Inspection Program.
    (ii) Additional material.
    (A) Remainder of the July 10, 1995, submittal;
    (B) Remainder of March 27, 1996, submittal;
    (C) Remainder of September 25, 1998, submittal; and
    (D) Remainder of May 25, 1999, submittal.
    (145) Revisions to the Maryland State Implementation Plan submitted 
on April 12, 1999, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 12, 1999, from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to Regulation .15 under Code of Maryland Administrative 
Regulations (COMAR) 26.11.19 Volatile Organic Compounds from Specific 
Processes.
    (B) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive 
Manufacturing and Adhesive Application amending the definition found at 
COMAR 26.11.19.15 A(2) of the term ``honeycomb core installation'' to 
include other substrates. This revision was adopted on March 2, 1999 and 
effective on March 22, 1999.
    (C) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive 
Manufacturing and Adhesive Application clarifying the applicability of 
COMAR 26.11.19.15.C(4) General Emission Standard. This revision was 
adopted on April 9, 1998 and effective on May 4, 1998.
    (ii) Additional Material--Remainder of April 12, 1999 submittal 
pertaining to COMAR 26.11.19.15 Paint, Resin, and Adhesive Manufacturing 
and Adhesive Application.
    (146) Revisions to the Maryland Regulations, through the addition of 
COMAR 26.11.20.04, adopting the National Low Emission Vehicle Program. 
This revision was submitted on March 3, 1999 by the Maryland Department 
of the Environment, and was amended on March 24, 1999:
    (i) Incorporation by reference.
    (A) Letter of March 3, 1999 from the Maryland Department of the 
Environment transmitting a revision to the Maryland State Implementation 
Plan for a National Low Emission Vehicle program.
    (B) Letter of March 24, 1999 from the Maryland Department of the 
Environment revising Maryland's State Implementation Plan for a National 
Low Emission Vehicle program.
    (C) Maryland regulation COMAR 26.11.20.04, entitled ``National Low 
Emission Vehicle Program'', effective March 22, 1999.
    (ii) Additional Material.--Remainder of March 3, 1999 and March 24, 
1999 submittals pertaining to COMAR 26.11.20.04.
    (147) Revisions to the Maryland State Implementation Plan submitted 
on March 11, 1999, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of March 11, 1999, from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan, pertaining to Code of Maryland Administrative Regulations (COMAR) 
26.11.19. Volatile Organic Compounds from Specific Processes at 
26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating.
    (B) Revision to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other 
Plastic Parts Coating to add at COMAR 26.11.19.07 F. ``Emission 
Standards for Printing on Plastic Other than Vinyl.'' This revision was 
adopted on August 6, 1997, and effective on September 8, 1997.
    (C) Revisions to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other 
Plastic Parts Coating, adopted August 4, 1998,

[[Page 56]]

and effective on August 24, 1998, including the following:
    (1) Revision to COMAR 26.11.19.07 B. ``Applicability'' at B (1) to 
delete previous text describing subject coating and printing operations 
and to add new text stating that the regulation applies to any coating 
or printing operation that it listed in and has VOC emissions equal to 
or greater than the applicability levels in subsection C. (2) and (3) of 
this regulation.
    (2) Revision to COMAR 26.11.19.07 C. to change the title from 
``Emission Standards for Web, Paper, Fabric, and Vinyl Coating'' to 
``Emission Standards for Coating or Printing Installations.''
    (3) Revision to COMAR 26.11.19.07 C. (1) to delete text which 
specified installations by substrates and listed the associated emission 
standards, and to add text to refer to the installations and emission 
standards found in subsections C. (2) and (3) of this regulation.
    (4) Revision to COMAR 26.11.19.07 to add subsection C. (2) and (3) 
to list in tabular format subject installations, applicability 
thresholds, and VOC emission standards.
    (5) Revision to COMAR 26.11.19.07 to delete subsections E. D. and F. 
as their requirements are found in the new simplified table at COMAR 
26.11.19.07 C (2) and (3).
    (ii) Additional Material--Remainder of March 11, 1999 submittal 
pertaining to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic 
Parts Coating.
    (148) Revisions to the Maryland State Implementation Plan submitted 
on June 8, 1993 and September 25, 2000 by the Maryland Department of the 
Environment.
    (i) Incorporation by Reference.
    (A) Letter dated June 8, 1993 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01, 26.11.02, and 
26.11.06, as well as a new COMAR 26.11.17.
    (B) The following provisions of COMAR 26.11.01.01 (General 
Administrative Provisions--Definitions), 26.11.02 (Permits, Approvals, 
and Registration), 26.11.06 (General Emission Standards, Prohibitions, 
and Restrictions), and 26.11.17 (Requirements for Major New Sources and 
Modifications), effective April 26, 1993:
    (1) Revised COMAR 26.11.01.01J (definition of ``Modification'') 
[currently cited as COMAR 26.11.01.01B(20)].
    (2) New COMAR 26.11.01.01M-1 definition of ``New Source Review 
Source'' (NSR Source) [currently cited as COMAR 26.11.01.01B(24)], 
replacing COMAR 26.11.01.01L (``New Source Impacting on a Non-Attainment 
Area--NSINA'').
    (3) Revised COMAR 26.11.02.03A(1), .03B, .09A (introductory 
paragraph), 09A(5), .10C (introductory paragraph), .11A (introductory 
paragraph), .11A(3).
    (4) Revised COMAR 26.11.06.06E(1).
    (5) New COMAR 26.11.17.01A; .01B(1)(a), (b); .01B(2) through 
.01B(14); .01B(15)(a)[introductory paragraph only], (c), (d), (e)[except 
iii], (f); .01B(16) through (18); .02B through .02F; .03A; .03B(1), 
.03B(2), .03B(3)(a) through .03B(3)(d)[except introductory paragraph]; 
.03B(4); .03B(5); .03C; .03D; .05A; .05B(1); .05B(3). This rule replaces 
COMAR 26.11.06.11.
    (C) Letter dated September 25, 2000 from the Maryland Department of 
the Environment transmitting revisions to COMAR 26.11.17.
    (D) The following provisions of COMAR 26.11.17 (Requirements for 
Major New Sources and Modifications), effective October 2, 2000: 
.01B(1)(c); .01B(15)(a)(i), .01B(15)(a)(ii), .01B(15)(b), 
.01B(15)(e)(iii); .02A(1), .02A(2); .03B(3), .03B(5), .03B(6)[formerly 
.03B(5)], .04A(1), .04A(2), .04B, .04C(1), .04C(2); .05B(2).
    (149) Revisions to the Maryland Regulations related to use of 
pollution control devices in COMAR 26.11.12 Control of Batch Type Hot-
Dip Galvanizing Installations submitted on July 17, 1995 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 17, 1995 from the Maryland Department of the 
Environment to Mr. Stanley Laskowski of EPA transmitting revisions to 
COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations 
related to use of control equipment to meet visible emission 
limitations.
    (B) Revision to COMAR 26.11.12 Control of Batch Type Hot-Dip 
Galvanizing Installations related to use of control equipment to meet 
visible emission

[[Page 57]]

limitations. Revisions were effective on May 8, 1995.
    (ii) Additional Material.--Remainder of July 17, 1995, submittal 
related to COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing 
Installations and the use of pollution control equipment to meet visible 
emission limitations.
    (150) Revisions to the Maryland Regulations related to visible 
emissions standards for iron and steel installations submitted on March 
30, 1987 and December 15, 1987 by the Maryland Department of Health and 
Mental Hygiene (currently known as the Maryland Department of the 
Environment):
    (i) Incorporation by reference.
    (A) Letters of March 30, 1987 and December 15, 1987 from the 
Maryland Department of Health and Mental Hygiene (currently known as the 
Maryland Department of the Environment) transmitting revisions related 
to visible emissions standards for iron and steel installations.
    (B) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 
26.11.10.03B(2)], effective March 24, 1987.
    (C) Revisions to COMAR 10.18.10.03B(3) [currently COMAR 
26.11.10.03B(2)], effective January 5, 1988.
    (ii) Additional Material. Remainder of the March 30, 1987 and 
December 15, 1987 submittals.
    (151) Revisions to the Maryland State Implementation Plan submitted 
on August 28, 1998, November 16, 1999 and March 20, 2000 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of August 28, 1998 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (B) Letter of November 16, 1999 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (C) Letter of March 20, 2000 from the Maryland Department of the 
Environment transmitting additions to the Maryland's State 
Implementation Plan pertaining to the Nitrogen Oxides Budget Program.
    (D) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources (NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, effective June 1, 1998.
    (1) Addition of COMAR 26.11.27.01 through COMAR 26.11.27.14, except 
COMAR 26.11.27.04, .07 and .11.
    (2) Addition of COMAR 26.11.28.01 through COMAR 26.11.28.13, except 
COMAR 26.11.28.08.
    (E) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources (NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, effective October 18, 1999, consisting of the addition 
of new COMAR 26.11.27.04, .07 and .11.
    (F) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources ( NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, consisting of the consent agreement between the Maryland 
Department of the Environment and the Potomac Electric Power Company, 
effective September 13, 1999.
    (G) Revisions to COMAR 26.11.27, Post RACT Requirements for 
NOX Sources ( NOX Budget Program) and COMAR 
26.11.28, Polices and Procedures Relating to Maryland's NOX 
Budget Program, consisting of the consent agreement between the Maryland 
Department of the Environment and the Baltimore Gas & Electric Company, 
effective November 19, 1999.
    (ii) Additional Material--Remainder of August 28, 1998, November 16, 
1999 and March 20, 2000 submittals pertaining to the Nitrogen Oxides 
Budget Program.
    (152) Revisions to the Maryland Regulations governing visible 
emissions submitted on March 21, 1991 and November 5, 1997 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letters from the Maryland Department of the Environment dated 
March 21, 1991 and November 5, 1997 submitting revisions to the Maryland 
State Implementation Plan.

[[Page 58]]

    (B) Document entitled ``Procedures To Be Used To Evaluate An 
Application For An Alternative Visible Emissions Standard Under COMAR 
26.11.06.02B''.
    (C) Code of Maryland Administrative Regulations (COMAR) 10.18.06.02 
(General Emission Standards, Prohibitions, and Restrictions--Visible 
Emissions), Sections 10.18.06.02A(1), .02(A)(1)(a), .02(A)(2), and 
.02C(1) and (2), effective December 3, 1984.
    (D) Recodified COMAR 26.11.06.02 (General Emission Standards, 
Prohibitions, and Restrictions--Visible Emissions), Sections 
26.11.06.02A(1) [General paragraph], .02A(1)(a) through (d) and (f), 
.02A(2), and .02C(1) through (3), effective August 1, 1988.
    (E) COMAR 26.11.06.02B (Visible Emissions--Case-by-Case Exception to 
the Visible Emissions Standards).
    (1) COMAR 10.18.06.02B(1)(a) through (d), .02B(2)(a), .02B(4)(a) and 
(b), and .02B(5)(a) and (b), effective December 3, 1984. This rule 
replaces COMAR 10.18.01.08. [Recodified as COMAR 26.11.06.02B, effective 
August 1, 1988.]
    (2) COMAR 26.11.06.02B(2)(b) through (e) and .02 B(4)(c), effective 
July 3, 1995.
    (F) Recodified COMAR 26.11.06.03D (Particulate Matter from Materials 
Handling and Construction), effective August 1, 1988.
    (ii) Additional Material.
    (A) Remainder of the March 21, 1991 submittal (MD91-01) as it 
pertains to the recodification of COMAR 26.11.06.02 and 26.11.06.03D.
    (B) Remainder of the November 5, 1997 submittal (MD97-02).
    (153) Revisions to the Maryland State Implementation Plan submitted 
on April 2, 1992 and October 10, 2000 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter dated April 2, 1992 from the Maryland Department of the 
Environment transmitting revisions to the testing and observation 
procedures for iron and steel production operations
    (B) The following revised Maryland provisions, effective February 
17, 1992.
    (1) Revised COMAR 26.11.10.07.
    (2) Technical Memorandum 91-01, Supplement 1--Appendix A, Test 
Method 5 and Method 8.
    (C) Letter dated October 10, 2000 from the Maryland Department of 
the Environment transmitting revisions to regulations and technical 
memoranda governing control of iron and steel production operations.
    (D) The following revised Maryland provisions, effective November 2, 
1998.
    (1) Revisions to COMAR 26.11.01.04C(2).
    (2) Revisions to the following provisions of COMAR 26.11.10: 
Paragraphs .02A., .02B(2), .02B(3), .03A(2)(a) through (c), .03A(2)(e), 
.03B [introductory paragraph], .03B(5) [formerly cited as .03B(6)], 
.04B(2) introductory paragraph [combined with provision formerly cited 
as .04B(2)(a)], .04B(2)(c)(i) and .04B(2)(c)(ii) [formerly cited as 
.04B(2)(e)(i) and .04B(2)(e)(ii) respectively], .04B(2)(f), .04B(3) 
through(5), and.05.
    (3) Removal of the following provisions: COMAR 26.11.10.01B(1) 
[existing provision .01B(2) is renumbered as .01B(1)], .03B(1) [existing 
provisions .03B(2) through(5) are renumbered as .03B(1) through (4)], 
.03B(7), .03B(8), .03C, .03D, .04A(2) and .04A(3) [existing provision 
.04A(1) is renumbered as .04A], .04B(2)(b), and .04B(2)(h) [existing 
provisions .04B(2)(c) through (g) and (i) are renumbered as .04B(2)(a) 
through (f)].
    (4) Addition of COMAR 26.11.10.01B(2) and new .03C.
    (5) Technical Memorandum 91-01, Supplement 3--Test Methods 1004, 
1004F, 1004G, 1004H, and 1004I.
    (E) Revisions to COMAR 26.11.10.03C(1) [formerly cited as .03C], and 
the addition of Paragraphs .03C(2) and .03C(3); effective October 2, 
2000.
    (ii) Additional Materials--Remainder of the state submittals 
pertaining to the revisions listed in paragraph (c)(153) (i) of this 
section.
    (154) Revisions to the Maryland Regulations pertaining to the 
Nitrogen Oxides (NOX) Reduction and Trading Program submitted 
on April 27, 2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of April 27, 2000 from the Maryland Department of the 
Environment transmitting additions to the Maryland State Implementation 
Plan

[[Page 59]]

pertaining to the NOX Reduction and Trading Program.
    (B) Revisions to COMAR 26.11.29, NOX Reduction and 
Trading Program and COMAR 26.11.30, Policies and Procedures Relating to 
Maryland's NOX Reduction and Trading Program, effective May 
1, 2000.
    (1) Addition of COMAR 26.11.29.01 through COMAR 26.11.29.15.
    (2) Addition of COMAR 26.11.30.01 through COMAR 26.11.30.09.
    (ii) Additional material. Remainder of April 27, 2000 submittal 
pertaining to the NOX Reduction and Trading Program.
    (155) Revisions to the Maryland Regulations for NOX RACT 
regulations submitted on September 8, 2000 by the Maryland Department of 
the Environment:
    (i) Incorporation by reference.
    (A) Letter of September 8, 2000 from the Maryland Department of the 
Environment transmitting the Maryland NOX RACT regulations.
    (B) The Maryland NOX RACT regulations found at COMAR 
26.11.09.08, effective October 18, 1999, as revised effective September 
18, 2000. This rule replaces COMAR 26.11.09.08, effective May 10, 1993, 
as revised effective June 20, 1994 and May 8, 1995.
    (C) Addition of COMAR 26.11.09.01B(3-1) (definition of the term 
``high heat release unit''), effective September 18, 2000.
    (ii) Additional Material.--Remainder of September 8, 2000 submittal.
    (156) Revision to the Maryland Regulations replacing the existing 
regulation and adopting a new regulation for control of volatile organic 
compounds (VOC) from expandable polystyrene operations (EPO) submitted 
on October 20, 2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of October 20, 2000 from the Maryland Department of the 
Environment transmitting the EPO regulations.
    (B) The Maryland EPO regulations found at COMAR 26.11.19.19, 
effective October 2, 2000. This rule replaces COMAR 26.11.19.19, 
effective July 3, 1995.
    (ii) Additional Material.--Remainder of the October 20, 2000 
submittal.
    (157) Revision to the Maryland Regulations establishing VOC 
reasonably available control technology (RACT) standards for facilities 
that recycle bakery and confectionary waste submitted on October 31, 
2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of October 31, 2000 from the Maryland Department of the 
Environment transmitting the VOC RACT regulations for facilities that 
recycle bakery and confectionary waste.
    (B) The Maryland VOC RACT regulations for facilities that recycle 
bakery and confectionary waste found at COMAR 26.11.19.28, effective 
October 2, 2000.
    (ii) Additional Material.--Remainder of the October 31, 2000 
submittal.
    (158) Revision to the Maryland Regulations which adopt by reference 
the EPA definition of VOC found at 40 CFR 51.100(s), update the Maryland 
regulation references to the federal PSD regulations at 40 CFR 52.21 and 
include other miscellaneous revisions submitted on February 6, 1998 by 
the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting the adoption of the federal definition of VOC, 
federal reference updates and other miscellaneous revisions.
    (B) The amendment to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
which updates the references for incorporation of the federal PSD 
regulations found at 40 CFR 52.21 from the 1993 to the 1996 edition of 
the CFR and include other miscellaneous revisions (COMAR 26.11.01.01B(6-
1) and COMAR 26.11.06.06A(1)(d)), effective June 30, 1997.
    (C) The amendment to COMAR 26.11.01.01B(53) which adopts by 
reference the EPA definition of VOC found at 40 CFR 51.100(s), 1996 
edition of CFR, effective September 22, 1997.
    (ii) Additional Material.--Remainder of the February 6, 1998 
submittal.
    (159) Revision to the Maryland Regulations updating the references 
to the federal definition of VOC at 40 CFR

[[Page 60]]

51.100(s) and the federal PSD regulations at 40 CFR 52.21, submitted on 
November 16, 2000 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 16, 2000 from the Maryland Department of the 
Environment transmitting the updates to the Maryland regulation 
references to the federal definition of VOC at 40 CFR 51.100(s) and the 
federal PSD regulations at 40 CFR 52.21.
    (B) The amendments to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
which update the reference for incorporation of the federal PSD 
regulations found at 40 CFR 52.21 from the 1996 to the 1999 edition of 
the CFR and the amendment to COMAR 26.11.01.01B(53) which updates the 
federal reference for incorporation of the EPA definition of VOC found 
at 40 CFR 51.100(s) from the 1996 to the 1999 edition of the CFR, 
effective October 16, 2000.
    (ii) Additional Material.--Remainder of the November 16, 2000 
submittal.
    (160) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes, submitted on October 5, 2001 
by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of October 5, 2001 from the Maryland Department of the 
Environment transmitting Maryland Regulation, COMAR 26.11.19.29, Control 
of Volatile Organic Compounds From Distilled Spirits Facilities.
    (B) Additions of COMAR 26.11.19.29, Control of Volatile Organic 
Compounds From Distilled Spirits Facilities, adopted by the State of 
Maryland on September 11, 2000 and effective October 2, 2000.
    (C) Revisions to COMAR 26.11.19.29, Control of Volatile Organic 
Compounds From Distilled Spirits Facilities, adopted by the State of 
Maryland on September 25, 2001 and effective October 15, 2001.
    (ii) Additional Materials--Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(160)(i)(B) and (C) 
of this section.
    (161) Revisions to the State of Maryland Regulations pertaining to 
the repeal of COMAR 26.11.11.04, Petroleum Refineries, submitted on 
January 4, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of January 4, 2001, from the Maryland Department of the 
Environment transmitting amendments to COMAR 26.11.11 to repeal 
Regulation 26.11.11.04, Petroleum Refineries.
    (B) Amendments to COMAR 26.11.11, Control of Petroleum Products 
Installations, including Asphalt Paving and Asphalt Concrete Plants, 
repealing Regulation 26.11.11.04, Petroleum Refineries, effective 
October 5, 1998.
    (ii) Additional Material. Remainder of the January 4, 2001 submittal 
pertaining to the repeal of COMAR 26.11.11.04, Petroleum Refineries.
    (162) Revisions to the Maryland State Implementation Plan submitted 
on February 5, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 5, 2001 from the Maryland Department of 
the Environment transmitting revisions to the Maryland State 
Implementation Plan, consisting of the addition of COMAR 26.11.19.30 
Control of Volatile Organic Compounds from Organic Chemical Production.
    (B) Addition of new COMAR 26.11.19.30 Control of Volatile Organic 
Compounds from Organic Chemical Production, adopted by the Secretary of 
the Environment on December 6, 2000 and effective on January 8, 2001, 
including the following:
    (1) addition of new COMAR 26.11.19.30 A. Definitions.
    (2) addition of new COMAR 26.11.19.30 B. Terms Defined.
    (3) addition of new COMAR 26.11.19.30.C. Applicability.
    (4) addition of new COMAR 26.11.19.30.D. General Requirements.
    (5) addition of new COMAR 26.11.19.30.E. Demonstration of 
Compliance.
    (ii) Additional Materials--Remainder of the February 5, 2001 
submittal.
    (163) Revisions to the Maryland Regulations submitted on January 8, 
2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated January 8, 2001 from the Maryland Department of the 
Environment transmitting regulations that establish reasonably available 
control technology (RACT) requirements for

[[Page 61]]

those sources at integrated steel mills that cause emissions of volatile 
organic compounds (VOCs).
    (B) The following revisions to COMAR 26.11.10, effective December 
25, 2000:
    (1) Addition of COMAR 26.11.10.01B(1) through .0B(5) inclusive, and 
.01B(8.) [existing provisions .01B(1) and .01B(2) are renumbered as 
.01B(6) and .01B(7) respectively].
    (2) New COMAR 26.11.10.06 (Control of Volatile Organic Compounds 
from Iron and Steel Production Installations).
    (3) Revisions to COMAR 26.11.10.07 (Testing and Observation 
Procedures).
    (C) Letter dated May 29, 2001 from the Maryland Department of the 
Environment, noting the correction of a typographical error made in the 
Maryland Register publication of the Iron and Steel VOC RACT rule.
    (ii) Additional Materials--Remainder of the state submittal 
pertaining to the regulations listed in paragraph (c)(163)(i)(B) of this 
section.
    (164) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 and May 14, 2001 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of May 14, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.01 (General 
Administrative Definitions).
    (B) The following revised provisions of COMAR 26.11.01.01, effective 
June 20, 1994:
    (1) 26.11.01.01A.
    (2) 26.11.01.01B(1) through .01B(20), except for .01B(3) and 
.01B(13).
    (3) 26.11.01.01B(24) through .01B(36), except for .01B(25).
    (4) 26.11.01.01B(38) through .01B(53).
    (C) Letter of February 6, 1998 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.01 (General 
Administrative Definitions).
    (D) Revised COMAR 26.11.01.01B(43) [definition of ``source''], 
effective June 30, 1997.
    (ii) Additional Material.
    (A) Remainder of May 14, 2001 submittal.
    (B) Remainder of February 6,1998 submittal related to the revised 
definition of ``source.''
    (165) Revisions to the Maryland State Implementation Plan submitted 
on June 12, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 12, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.04 (Ambient Air 
Quality Standards).
    (B) The following revised provisions of COMAR 26.11.04, effective 
May 8, 1995:
    (1) Revised chapter title of COMAR 26.11.04.
    (2) New 26.11.04.03 through .09 (formerly COMAR 26.11.03.01 through 
.07 [State-Adopted National Ambient Air Quality Standards and 
Guidelines], effective prior to May 8, 1995).
    (3) Addition of COMAR 26.11.04.02.
    (ii) Additional Material.
    (A) Remainder of June 12, 2001 submittal.
    (166) Revisions to the Maryland State Implementation Plan submitted 
on August 20, 2001 by the Maryland Department of the Environment 
consisting of Reasonably Available Control Technology (RACT) 
requirements to reduce volatile organic compound (VOC) emissions from 
marine vessel coating operations.
    (i) Incorporation by reference.
    (A) A letter dated August 20, 2001 from the Maryland Department of 
the Environment transmitting an addition to Maryland's State 
Implementation Plan, pertaining to volatile organic compound (VOC) 
regulations in Maryland's air quality regulations, COMAR 26.11.19.27.
    (B) Addition of new COMAR 26.11.19.27--Control of Volatile Organic 
Compounds from Marine Vessel Coating Operations, effective on October 
20, 1997.
    (ii) Additional Materials--Remainder of the August 20, 2001 
submittal pertaining to COMAR 26.11.19.27--Control of VOC Emissions from 
Marine Vessel Coating Operations.
    (167)(i) Incorporation by reference.
    (A) Letter dated February 21, 2001 submitted by the Maryland 
Department of the Environment transmitting

[[Page 62]]

the source-specific VOC RACT determination for the Thomas Manufacturing 
Corporation Inc., in the form of a Consent Order.
    (B) Consent Order for the Thomas Manufacturing Corporation Inc., 
dated February 6, 2001, with an effective date of February 15, 2001.
    (ii) Additional Materials--Other materials submitted by the State of 
Maryland in support of and pertaining to the RACT determination for the 
source listed in paragraph (c)(167)(i)(B) of this section.
    (168) SIP revision submitted on April 25, 2001 by the State of 
Maryland consisting of a Consent Order dated April 16, 2001 between the 
Maryland Department of the Environment and Constellation Power Source 
Generation Inc. The Consent Order establishes a system-wide inter-
facility emissions averaging plan to comply with NOX RACT 
requirements at five facilities owned by Constellation Power Source 
Generation Inc. and located in the State of Maryland.
    (i) Incorporation by reference.
    (A) Letter of April 25, 2001 from the Maryland Department of the 
Environment (MDE) transmitting a Consent Order issued by MDE to 
Constellation Power Source Generation, Inc. establishing an averaging 
plan at five electric generating plants as a means of compliance with 
the NOX RACT requirements.
    (B) Consent Order between the Maryland Department of the Environment 
and Constellation Power Source Generation, Inc. dated April 16, 2001.
    (C) NOX RACT Averaging Plan Proposal submitted by 
Constellation Power Source Generation, Inc. dated November 6, 2000.
    (ii) Additional Material.--Remainder of the state submittal 
pertaining to the revision listed in paragraph (c)(168) of this section.
    (169) Revisions to the Maryland Regulation, COMAR 26.11.19, Volatile 
Organic Compounds from Specific Processes, submitted on October 5, 2001 
by the Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of October 5, 2001 from the Maryland Department of the 
Environment transmitting Maryland Regulation, COMAR 26.11.19.13-1, 
Aerospace Coating Operations.
    (B) Addition of COMAR 26.11.19.13-1, Aerospace Coating Operations, 
adopted by the State of Maryland on September 11, 2000 and effective 
October 2, 2000.
    (C) Revisions to COMAR 26.11.19.13-1, Aerospace Coating Operations, 
adopted by the State of Maryland on September 25, 2001 and effective 
October 15, 2001.
    (ii) Additional Materials--Remainder of the State submittals 
pertaining to the regulations listed in paragraphs (c)(169)(i)(B) and 
(C) of this section.
    (170) Revisions to the Maryland Regulation, COMAR 26.11.14, Control 
of Emissions from Kraft Pulp Mills, submitted on October 5, 2001 by the 
Maryland Department of the Environment.
    (i) Incorporation by reference.
    (A) Letter of October 5, 2001 from the Maryland Department of the 
Environment transmitting Maryland Regulations COMAR 26.11.14.01, 
26.11.14.02 and 26.11.14.06, Control of Emissions from Kraft Pulp Mills.
    (B) Additions of COMAR 26.11.14.01, COMAR 26.11.14.02 and COMAR 
26.11.14.06, Control of Emissions from Kraft Pulp Mills, adopted by the 
State of Maryland on December 13, 2000 and effective January 8, 2001.
    (C) Revisions to COMAR 26.11.14.01 and COMAR 26.11.14.06, Control of 
Emissions from Kraft Pulp Mills, adopted by the State of Maryland on 
September 25, 2001 and effective October 15, 2001.
    (ii) Additional Materials--Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(170)(i)(B) and (C) 
of this section.
    (171) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) which update the Maryland regulation references to both the 
Federal Prevention of Significant Deterioration (PSD) regulations found 
at Sec. 52.21 and the EPA definition of ``volatile organic compound'' 
(VOC) found at 40 CFR 51.100(s) of the 2000 edition of the Code of 
Federal Regulations, submitted on December 11, 2001 by the Maryland 
Department of the Environment:
    (i) Incorporation by reference.

[[Page 63]]

    (A) Letter of December 11, 2001 from the Maryland Department of the 
Environment transmitting updated references to the Code of Federal 
Regulations (CFR) with regard to the Prevention of Significant 
Deterioration (PSD) regulations and the definition of ``volatile organic 
compound'' (VOC).
    (B) Revisions to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14 
effective December 10, 2001, which updates the references for 
incorporation of the Federal PSD regulations found at Sec. 52.21 from 
the 1999 to the 2000 edition of the CFR.
    (C) The revision to COMAR 26.11.01.01B(53) effective December 10, 
2001, which updates the references of the EPA definition of VOC found at 
40 CFR 51.100(s) from the 1999 edition to the 2000 edition of CFR.
    (ii) Additional material. Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(171)(i)(B) and (C) 
of this section.
    (172) Revision to the Code of Maryland Administrative Regulations 
(COMAR) governing general records and information requirements, 
submitted on December 11, 2001 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of December 11, 2001 from the Maryland Department of the 
Environment transmitting revisions to COMAR 26.11.01.05 (Records and 
Information).
    (B) Revised COMAR 26.11.01.05, effective June 30, 1997, replacing 
COMAR 26.11.01.05, effective July 18, 1980, as recodified August 1, 
1988.
    (C) Revision to the introductory paragraph of COMAR 26.11.01.05A., 
effective December 10, 2001.
    (ii) Additional material. Remainder of the State submittals 
pertaining to the revisions listed in paragraphs (c)(172)(i)(B) and (C) 
of this section.
    (173) Revisions to the Maryland State Implementation Plan submitted 
on February 6, 1998 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated February 6, 1998 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan, concerning exemption of certain intermittent 
visible emissions requirements at Federal facilities, establishment of 
specific requirements for safety determinations at Federal facilities, 
and amendment to open burning distance limitations under the ``open 
fire'' rule.
    (B) The following additions and revisions to the Code of Maryland 
Administrative Regulations (COMAR), effective August 11, 1997:
    (1) COMAR 26.11.06.02A(1)--introductory text of paragraph 
(1)[revised], and 26.11.06.02A(1)(j) [added].
    (2) COMAR 26.11.07.01B(5) [added], 26.11.07.03B(1)(c) [revised], and 
26.11.07.06 [added].
    (ii) Additional Materials--Remainder of the February 6, 1998 
submitted by the Maryland Department of the Environment pertaining to 
the amendments in paragraph (c)(173)(i) (B) of this section.
    (174) Revisions to the Maryland State Implementation Plan submitted 
on November 20, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated November 20, 2001 from the Maryland Department of 
the Environment transmitting a revision to Maryland State Implementation 
Plan concerning an alternative method for a source to achieve compliance 
with volatile organic compound (VOC) requirements for specific 
processes.
    (B) Revisions to Code of Maryland Administrative Regulation (COMAR) 
26.11.19.02B (Applicability, Determining Compliance, Reporting and 
General Requirements--Method of Compliance), effective May 4, 1998, 
which revises paragraph .02B(2)(c), adds a new paragraph .02B(2)(d), and 
renumbers former paragraph .02B(2)(d) as .02B(2)(e).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(174)(i) of this 
section.
    (175) Revisions to the Maryland State Implementation Plan submitted 
on December 6, 2001, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated December 6, 2001 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation

[[Page 64]]

Plan, concerning good operating practices, equipment cleanup procedures, 
and volatile organic compound (VOC) storage tank vapor control 
requirements for specific processes.
    (B) Addition of Code of Maryland Administrative Regulation (COMAR) 
26.11.19.02I--(Applicability, Determining Compliance, Reporting and 
General Requirements--Good Operating Practices, Cleanup, and VOC 
Storage), effective December 10, 2001.
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(175)(i) of this 
section.
    (176) Revisions to the Maryland State Implementation Plan submitted 
by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of December 6, 2001 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan concerning VOC requirements for facilities that produce inorganic 
chemicals and polytetrafluoroethylene (PTFE) products.
    (B) The following revisions to Code of Maryland Administrative 
Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds 
from Chemical Production and Polytetrafluoroethylene Installations), 
effective December 10, 2001:
    (1) Revised title for COMAR 26.11.19.30.
    (2) Addition of paragraphs .30B(3-1), .30B(3-2), .30B(4-1), .30B(4-
2), .30B(5)(b), and .30E(1) through (5) inclusive.
    (3) Renumbering of former paragraphs .30B(5), .30C(3), and .30E(1) 
as paragraphs .30B(5)(a), .30C(2) and .30F respectively.
    (4) Revisions to paragraphs .30C(1), renumbered .30C(2), .30D. 
(paragraph title), .30D(1), .30D(2), .30D(3), .30D(4) (introductory 
paragraph) and .30F.
    (5) Removal of former paragraphs .30C(2) and .30E(2).
    (C) Letter of November 6, 2002 from the Maryland Department of the 
Environment transmitting revisions to Maryland's State Implementation 
Plan concerning VOC requirements for facilities that produce inorganic 
chemicals and polytetrafluoroethylene (PTFE) products.
    (D) The following revisions to Code of Maryland Administrative 
Regulation (COMAR) 26.11.19.30 (Control of Volatile Organic Compounds 
from Chemical Production and Polytetrafluoroethylene Installations), 
effective November 11, 2002:
    (1) Revisions to paragraphs .30B(4-1), .30B(4-2), .30C(2), .30C(3), 
and .30E(1).
    (2) Addition of paragraphs .30B(4-3), .30B(4-4), and .30E(6).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revision listed in paragraph (c)(176)(i) of this 
section.
    (177) Revisions to the Code of Maryland Administrative Regulation 
(COMAR) 26.11.19.18 pertaining to the establishment of a VOC limit for 
overprint varnish used in the cosmetic industry, submitted on June 21, 
2002, by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of June 21, 2002, from the Maryland Department of the 
Environment transmitting amendments to Regulation .18, Control of 
Volatile Organic Compound Emissions from Screen Printing and Digital 
Imaging, under COMAR 26.11.19, Volatile Organic Compounds from Specific 
Processes.
    (B) Additions and Revisions to COMAR 26.11.19.18, Control of 
Volatile Organic Compound Emissions from Screen Printing and Digital 
Imaging under COMAR 26.11.19, Volatile Organic Compounds from Specific 
Processes, effective June 10, 2002:
    (1) Revised COMAR 26.11.19.18A(4)(a) and added COMAR 
26.11.19.18A(4)(b), revising the definition of the term ``Clear 
coating.''
    (2) Added COMAR 26.11.19.18A(10-1), adding a definition for the term 
``Overprint varnish.''
    (3) Added COMAR 26.11.19.18C(1)(a) (General Requirements for Screen 
Printing). Former COMAR 26.11.19.18C(1)(a) through (c) is renumbered as 
26.11.19.18C(1)(b) through (d).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(177)(i) of this 
section.
    (178) Revisions to the Maryland State Implementation Plan for Stage 
II Vapor Recovery at Gasoline Dispensing Facilities submitted on May 23, 
2002 by

[[Page 65]]

the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of May 23, 2002 from the Maryland Department of the 
Environment transmitting revisions to the Maryland State Implementation 
Plan pertaining to Stage II Vapor Recovery at Gasoline Dispensing 
Facilities.
    (B) The following revisions and additions to COMAR 26.11.24, 
effective on April 15, 2002:
    (1) Revisions to .01B(1) and (17); addition of .01B(18) and 
.01B(19).
    (2) Addition of .01-1.
    (3) Revisions to .02C(1) and (3); addition of .02D, .02E and .02F.
    (4) Revisions to .03F; addition of .03H and .03I.
    (5) Revisions to .04A (introductory paragraph), .04B, .04C and 
.04C(1); addition of .04A(1) through .04A(5) and .04C(2).
    (6) Revisions to .07A, .07B and .07D; addition of .07E.
    (ii) Additional Material.--Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(178)(i) of this 
section.
    (179) Revisions to the Code of Maryland Administrative Regulation 
(COMAR) 11.14.08 pertaining to the request for delay in the 
incorporation of On-board Diagnostics testing in the state's Vehicle 
Inspection and Maintenance Program submitted on July 9, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of July 9, 2002 from the Maryland Department of the 
Environment transmitting amendments to Regulations .03, .06, .09, .12, 
and .16 under COMAR 11.14.08, Vehicle Emissions Inspection Program.
    (B) Additions and revisions to COMAR 11.14.08.03, .06, .09, .12, and 
.16, effective June 10, 2002:
    (1) Added COMAR 11.14.08.03E.
    (2) Revised COMAR 11.14.08.06A(3)(r), .09F, .12C(1) through (3) 
inclusive, and .16D.
    (ii) Additional Material.--Remainder of the State submittal(s) 
pertaining to the revisions listed in paragraph (c)(179)(i) of this 
section.
    (180) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) submitted on November 18, 2002 and November 26, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 18, 2002 from the Maryland Department of the 
Environment transmitting the removal of Code of Maryland Administrative 
Regulation (COMAR) 10.18.03.08--the State ambient air quality standard 
for hydrocarbons.
    (B) Removal of COMAR 10.18.03.08, effective October 14, 1985.
    (C) Letter of November 26, 2002 from the Maryland Department of the 
Environment transmitting revisions to COMAR 10.18.09.05 regarding the 
removal of provisions granting visible emissions exceptions by control 
officers in Maryland Areas I, II, V, and VI.
    (D) Removal of COMAR 10.18.09.05A(3)(b)(i) and .05A(3)(b)(ii), 
effective December 3, 1984.
    (ii) Additional Material.
    (A) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(180)(i) of this section.
    (B) Letter dated January 9, 2003 from the Maryland Air and Radiation 
Management Administration to the Environmental Protection Agency, Region 
III, clarifying the reasons for removing the provisions of COMAR 
10.18.09.05B(3)(i) and (ii).
    (181) Revisions to the Code of Maryland's Administrative Regulations 
(COMAR) for particulate matter, visible emissions and sulfur compounds 
submitted on November 6, 2002 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of November 6, 2002 from the Maryland Department of the 
Environment transmitting the revision consisting of housekeeping and 
clarification amendments to Regulations .02, .03, and .05 under COMAR 
26.11.06 General Emission Standards, Prohibitions and Restrictions.
    (B) The following amendments to COMAR 26.11.06--General Emission 
Standards, Prohibitions and Restrictions, effective November 11, 2002:
    (1) Addition of COMAR 26.11.06.02A(1)(k).
    (2) Revisions to COMAR 26.11.06.02A(1)(j), .02A(2), .02C(1), .03C

[[Page 66]]

(introductory paragraph), .03C(1), and .05A.
    (3) Removal of COMAR 26.11.06.02C(3).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(181)(i) of this 
section.
    (182) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) under COMAR 26.11.02, Permits, Approvals, and Registration that 
were adopted from 1995 thorough 1999 and related amendments under COMAR 
26.11.06, General Emission Standards, Prohibitions, and Restrictions, 
and COMAR 26.11.19, Volatile Organic Compounds from Specific Processes 
on November 1, 2001 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter of November 1, 2002 from the Maryland Department of the 
Environment (MDE) transmitting revisions to COMAR 26.11.02, 26.11.06 and 
26.11.19.
    (B) The following new provisions of COMAR 26.11.02 (Permits, 
Approvals and Registration), effective May 8, 1995, replacing COMAR 
26.11.02.01 through 26.11.02.16, as amended effective through April 26, 
1993:
    (1) COMAR 26.11.02.01A; 26.11.02.01B(2), (3), (7) through (9), (11) 
through (14), (17) through (21), (23) through (28), (34) through (36), 
(38), (40), (41), (43) through (45), (47), (48), (51) through (53), and 
(55); and 26.11.02.01C.
    (2) COMAR 26.11.02.02 (except .02D), .03, .04 (except .04C(2)), .05 
through .10, .11 (except .11C), and .12 through 14.
    (C) Revision to COMAR 26.11.06.06E(4)(g), effective May 8, 1995.
    (D) Revision to COMAR 26.11.19.02G(3)(b), effective May 8, 1995.
    (E) Revisions to COMAR 26.11.02.01B(13), .06B (introductory 
paragraph) and .06B(5), .10O(2), .10Q(7), .10U, .10V, .11A(1), .12A(1) 
and (2), .14A(1); addition of 26.11.02.10O(13) and (14), .10W, 
.11A(2)and .12A(3); removal of 26.11.02.14A(2)--existing .14A(3) is 
renumbered as .14A(2), effective June 16, 1997.
    (F) Revision to COMAR 26.11.02.10E, effective September 22, 1997.
    (G) Revision to COMAR 26.11.02.09C, effective May 4, 1998.
    (H) Revisions to COMAR 26.11.02.10C, .10V and .10W; addition of 
COMAR 26.11.02.10X, effective March 22, 1999.
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(182)(i) of this 
section.
    (183) Revisions to the Maryland Regulations pertaining to Control of 
Fuel Burning Equipment, Stationary Internal Combustion Engines, and 
Certain Fuel Burning Installations, submitted on November 6, 2002 by the 
Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) Letter dated November 6, 2002 from the Maryland Department of 
the Environment transmitting revisions to the Maryland State 
Implementation Plan pertaining to amendments to COMAR 26.11.09.
    (B) Revisions to COMAR 26.11.09, Control of Fuel-Burning Equipment, 
Stationary Internal Combustion Engines, and Certain Fuel-Burning 
Installations, effective November 11, 2002.
    (1) Addition of COMAR 26.11.09.01B(3-1)--definition of ``gas''. 
Existing paragraph .01B(3-1) is renumbered as .01B(3-2).
    (2) Revisions to COMAR 26.11.09.05A(3), .05B(2), and .05B(3).
    (3) Revisions to COMAR 26.11.09.06A(1), .06A(2), and .06B(4); 
addition of .06A(3)(c).
    (4) Revision to COMAR 26.11.09.08D (introductory paragraph) and 
.08D(1)(a).
    (5) Revision to COMAR 26.11.09.09 by removing existing Table 1 and 
adding both a new Table 1 and footnotes (a), (b), and (c).
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(183)(i) of this 
section.
    (184) [Reserved]
    (185) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) on the Control of VOC Emissions from Consumer Products submitted 
on November 19, 2003 by the Maryland Department of the Environment:
    (i) Incorporation by reference.
    (A) A letter dated November 19, 2003 from the Maryland Department of 
the Environment transmitting additions to Maryland's State 
Implementation Plan pertaining to the control of volatile organic 
compounds (VOC) emissions from consumer products.

[[Page 67]]

    (B) Addition of new COMAR 26.11.32--Control of Emissions of VOC from 
Consumer Products:
    (1) Addition of COMAR 26.11.32.01 through COMAR 26.11.32.23 adopted 
by the Secretary of the Environment on July 25, 2003 and effective on 
August 18, 2003.
    (2) Addition of new COMAR 26.11.32.01F--Retail Sales, adopted by the 
Secretary of the Environment on October 22, 2003 and effective on 
November 24, 2003.
    (ii) Additional Material. Remainder of the State submittals 
pertaining to the revisions listed in paragraph (c)(185)(i) of this 
section.
    (186) Revisions to the Maryland State Implementation Plan submitted 
on April 24, 2003, July 7, 2003, and December 1, 2003 by the Maryland 
Department of the Environment pertaining to the Policies and Procedures 
Relating to Maryland's NOX Reduction and Trading Program, and 
the Nitrogen Oxides Reduction and Trading Program.
    (i) Incorporation by reference.
    (A) Letter of April 24, 2003 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to COMAR 
26.11.30 Nitrogen Oxides Reduction and Trading Program, effective April 
28, 2003.
    (1) Revisions to COMAR 26.11.30.09A.
    (2) Deletion of existing COMAR 26.11.30.09B.
    (3) Addition of new COMAR 26.11.30.09B, allocations for control 
periods 2003 through 2007.
    (B) Letter of July 7, 2003 from the Maryland Department of the 
Environment transmitting an administrative correction to COMAR 
26.11.30.09 amending Mirant Dickerson's Unit 3 allocation from 
410 to 404 tons of NOX.
    (C) Letter of December 1, 2003 from the Maryland Department of the 
Environment transmitting additions, deletions, and revisions to COMAR 
26.11.29 NOX Reduction and Trading Program, effective 
November 24, 2003.
    (1) Revisions to COMAR 26.11.29.09 (title), .09A (introductory 
sentence), and .09A(1).
    (2) Addition of COMAR 26.11.29.09A(2) and .09A(3).
    (3) Revisions to COMAR 26.11.29.09B (introductory sentence), .09B(1) 
and .09B(2), establishing the set aside pool at 5 percent of the total 
trading budget.
    (4) Deletion of COMAR 26.11.29.09E and 09F.
    (5) COMAR 26.11.29.09G is renumbered as 26.11.29.09E.
    (ii) Additional Material.
    (A) Remainder of the State submittals pertaining to the revisions 
listed in paragraph (c)(186)(i) of this section.
    (B) [Reserved]

[37 FR 10870, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1070, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 69 FR 38850, June 29, 2004, Sec. 52.1070 
was amended by adding paragraph (c)(184), effective Aug. 30, 2004. For 
the convenience of the user, the added text is set forth as follows:

Sec. 52.1070  Identification of plan.

                                * * * * *

    (c) * * *
    (184) Revisions to the Code of Maryland Administrative Regulations 
(COMAR) for the Control of VOC Emissions from Portable Fuel Containers 
submitted on March 8, 2002 by the Maryland Department of the 
Environment:
    (i) Incorporation by reference.
    (A) Letter of March 8, 2002 from the Maryland Department of the 
Environment transmitting an addition to Maryland's State Implementation 
Plan pertaining to the control of volatile organic compounds (VOC) 
emissions from portable fuel containers.
    (B) Addition of new regulation .07 under COMAR 26.11.13--Control of 
VOC Emissions from Portable Fuel Containers, adopted by the Secretary of 
the Environment on December 21, 2001, and effective on January 21, 2002.
    (ii) Additional Material.--Remainder of the State submittal 
pertaining to the revisions listed in paragraph (c)(184)(i) of this 
section.



Sec. 52.1071  Classification of regions.

    The Maryland plans were evaluated on the basis of the following 
classifications:

[[Page 68]]



----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Cumberland-Keyser Interstate..............................           I          I       III       III        III
Central Maryland Intrastate...............................          II         II       III       III        III
Metropolitan Baltimore Intrastate.........................           I          I         I         I          I
National Capital Interstate...............................           I          I       III         I          I
Southern Maryland Intrastate..............................         III        III       III       III        III
Eastern Shore Intrastate..................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 53475, Aug. 12, 1980]



Sec. 52.1072  Conditional approval.

    (a)-(c) [Reserved]
    (d) Revisions to the Maryland State Implementation Plan pertaining 
to Maryland's major VOC source RACT and minor VOC source requirements, 
COMAR 26.11.19.02G and COMAR 26.11.06.06, submitted on April 5, 1991, 
June 8, 1993, and July 12, 1995 by the Maryland Department of the 
Environment are conditionally approved. Maryland must meet the following 
conditions by no later than 12 months after the publication of the final 
conditional rulemaking. These conditions are: Maryland certify that it 
has submitted case-by-case RACT proposals for all sources subject to the 
RACT requirements; or demonstrate that the emissions from any remaining 
subject sources represent a de minimis level of emissions, as defined in 
the final rulemaking notice.
    (i) Additional Material.
    (A) Letter of February 7, 1996 from the Maryland Department of the 
Environment agreeing to meet certain conditions by no later than 12 
months after the publication of the final conditional rulemaking. These 
conditions are: Maryland submit case-by-case RACT proposals for all 
sources subject to the RACT requirements; Maryland certify that, to the 
best of its knowledge, there are no other sources subject to the RACT 
requirements.
    (e) Maryland's severe ozone nonattainment area SIP for the 
Metropolitan Washington area, which includes the 1996-1999 portion of 
the rate-of-progress plan submitted on December 24, 1997 and May 20, 
1999 and the transportation control measures in Appendix H of the May 
25, 1999 submittal, and the severe ozone attainment demonstration 
submitted on April 29, 1998, August 17, 1998, February 14, 2000 and 
section 9.1.1.2 of the March 22, 2000 submittal and the transportation 
control measures in Appendix J of the February 9, 2000 submittal, is 
conditionally approved contingent on Maryland submitting a revised SIP 
by April 17, 2004 that satisfies certain conditions. This conditional 
approval also establishes motor vehicle emissions budgets for 2005 of 
101.8 tons per day of volatile organic compounds (VOC) and 161.8 tons 
per day of nitrogen oxides (NOX) to be used in transportation 
conformity in the Metropolitan Washington, DC serious ozone 
nonattainment area until revised budgets based upon the MOBILE6 model 
are submitted and found adequate. Maryland must submit a revised SIP by 
April 17, 2004 that satisfies the following conditions.
    (1) Revises the 1996-1999 portion of the severe area ROP plan to 
include a contingency plan containing those adopted measures that 
qualify as contingency measures to be implemented should EPA determine 
that the Washington area failed to achieve the required 9 percent rate-
of-progress reductions by November 15, 1999.
    (2) Revises the 1999-2005 portion of the severe area rate-of-
progress plan to provide MOBILE6-based mobile source emission budgets 
and adopted measures sufficient to achieve emission reductions of ozone 
precursors of at least 3 percent per year from November 15, 1999 to the 
November 15, 2005 severe ozone attainment date.
    (3) Revises the severe area ROP plan to include a contingency plan 
containing those adopted measures that qualify as contingency measures 
to be implemented should EPA determine that the Washington area failed 
to

[[Page 69]]

achieve the ROP reductions required for the post-1999 period.
    (4) Revises the Washington area severe attainment demonstration to 
include a contingency plan containing those adopted measures that 
qualify as contingency measures to be implemented for the failure of the 
Washington area to attain the one-hour ozone standard for serious areas 
by November 15, 1999.
    (5) Revises the Washington area severe attainment demonstration to 
reflect revised MOBILE6-based motor vehicle emissions budgets, including 
revisions to the attainment modeling/weight of evidence demonstration 
and adopted control measures, as necessary, to show that the SIP 
continues to demonstrate attainment by November 15, 2005.
    (6) Revises the Washington area severe attainment demonstration to 
include a contingency plan containing those measures to be implemented 
if the Washington area does not attain the one-hour ozone standard by 
November 15, 2005.
    (7) Revises the Washington area severe attainment demonstration to 
include a revised RACM analysis and any revisions to the attainment 
demonstration including adopted control measures, as necessitated by 
such analysis.
    (8) Revises the major stationary source threshold to 25 tons per 
year.
    (9) Revises Reasonably Available Control Technology (RACT) rules to 
include the lower major source applicability threshold.
    (10) Revises new source review offset requirement to require an 
offset ratio of at least 1.3 to 1.
    (11) Includes a fee requirement for major sources of volatile 
organic compounds (VOC) and nitrogen oxides (NOX) should the 
area fail to attain by November 15, 2005.
    (12) Includes a revision that identifies and adopts specific 
enforceable transportation control strategies and transportation control 
measures to offset any growth in emissions from growth in vehicle miles 
traveled or number of vehicle trips and to attain reductions in motor 
vehicle emissions as necessary, in combination with other emission 
reduction requirements in the Washington area, to comply with the rate-
of-progress requirements for severe areas. Measures specified in section 
108(f) of the Clean Air Act will be considered and implemented as 
necessary to demonstrate attainment.

[62 FR 40944, July 31, 1997, as amended at 62 FR 49616, Sept. 23, 1997; 
62 FR 52666, Oct. 9, 1997; 63 FR 47179, Sept. 4, 1998; 64 FR 33200, June 
22, 1999; 64 FR 58344, Oct. 29, 1999; 65 FR 5252, Feb. 3, 2000; 65 FR 
44689, July 19, 2000; 66 FR 9527, Feb. 8, 2001; 68 FR 19131, Apr. 17, 
2003]

    Effective Date Note: At 69 FR 19937, Apr. 15, 2004, in Sec. 
52.1072, paragraph (e) was stayed indefinitely.



Sec. 52.1073  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Maryland's plans for the attainment and maintenance of the 
national standards.
    (b) With the exceptions set forth in this subpart, the Administrator 
approves the amendment to Regulation 10.18.01 sections .01, .07, and 
.11, Regulation 10.18.04 and 10.18.05 section .03D, .03F, .03H, .06I of 
Maryland's plan for the attainment and maintenance of the national 
standards under section 110 of the Clean Air Act. Furthermore, the 
Administrator finds that portions of the plan, as submitted January 19, 
1979, satisfy the requirements of part D, title 1, of the Clean Air Act 
as amended in 1977.

In addition, continued satisfaction of the requirements of Part D for 
the ozone portion of the SIP depends on the adoption and submittal of 
RACT requirements by July 1, 1980, for the sources covered by CTGs 
issued between January 1978 and January 1979 and adoption and submittal 
by each subsequent January of additional RACT requirements for sources 
covered by CTGs issued by the previous January.
    (c) Code of Maryland Air Regulations (COMAR) 26.11.13.06 is approved 
with the following exception:
    (i) Distributors and retailers of gasoline-ethanol blends as defined 
by 40 CFR 80.27(d)(2) are subject to the provisions of 40 CFR 
80.27(d)(1) through 40 CFR 80.27(d)(3).
    (d) Letter of November 13, 1993, from the Maryland Department of the 
Environment transmitting a commitment

[[Page 70]]

to adopt either the Federal clean fuel fleet program or an alternative 
substitute program by May 15, 1994.
    (e) Conditional limited approval of revisions to the Maryland State 
Implementation Plan, pertaining to Maryland's major VOC source RACT and 
minor VOC source requirements, COMAR 26.11.19.02G and COMAR 26.11.06.06, 
submitted on April 5, 1991, June 8, 1993, and July 12, 1995 by the 
Maryland Department of the Environment.

[38 FR 33716, Dec. 6, 1973, as amended at 45 FR 53475, Aug. 12, 1980; 47 
FR 20128, May 11, 1982; 56 FR 23808, May 24, 1991; 58 FR 50848, Sept. 
29, 1993; 61 FR 16061, Apr. 11, 1996; 63 FR 47179, Sept. 4, 1998]



Sec. 52.1074  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 698(f) of the Maryland Air Quality Control Act could, in 
some circumstances, prohibit the disclosure of emission data to the 
public. Therefore, section 698(f) is disapproved.

[39 FR 34536, Sept. 26, 1974, and 47 FR 20128, May 11, 1982, as amended 
at 51 FR 40676, Nov. 7, 1986]



Sec. 52.1075  1990 base year emission inventory.

    (a) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventory for the Baltimore 
Metropolitan Statistical Area, submitted by the Secretary, Maryland 
Department of the Environment, on September 20, 1995. This submittal 
consists of the 1990 base year stationary, area, off-road mobile and on-
road mobile emission inventories in the Baltimore Metropolitan 
Statistical Area for the pollutant, carbon monoxide (CO).
    (b) EPA approves as a revision to the Maryland Implementation Plan 
the 1990 base year emission inventory for the Washington Metropolitan 
Statistical Area, submitted by Secretary, Maryland Department of the 
Environment, on March 21, 1994 and October 12, 1995. This submittal 
consist of the 1990 base year stationary, area and off-road mobile and 
on-road mobile emission inventories in the Washington Statistical Area 
for the pollutant, carbon monoxide (CO).
    (c) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventories for the Maryland ozone 
nonattainment areas submitted by the Secretary of Maryland Department of 
Environment on March 21, 1994. This submittal consists of the 1990 base 
year point, area, non-road mobile, biogenic and on-road mobile source 
emission inventories for the following pollutants: volatile organic 
compounds (VOC), carbon monoxide (CO), and oxides of nitrogen 
(NOX).
    (d) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventories for the Maryland ozone 
nonattainment areas: Baltimore nonattainment areas, Cecil County, and 
Kent and Queen Anne's Counties submitted by the Secretary of Maryland 
Department of Environment on March 21, 1994. This submittal consists of 
the 1990 base year point, area, non-road mobile, biogenic and on-road 
mobile source emission inventories for the following pollutants: 
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of 
nitrogen (NOX).
    (e) EPA approves as a revision to the Maryland State Implementation 
Plan the 1990 base year emission inventory for the Maryland portion of 
the Metropolitan Washington DC ozone nonattainment area submitted by the 
Secretary of MDE on March 21, 1994. This submittal consists of the 1990 
base year point, area, highway mobile, non-road mobile, and biogenic 
source emission inventories in the area for the following pollutants: 
Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of 
nitrogen (NOX).
    (f) EPA approves as a revision to the Maryland State Implementation 
Plan an amendment to the 1990 base year emission inventories for the 
Maryland portion of the Metropolitan Washington DC ozone nonattainment 
area submitted by the Secretary of Maryland of the Department 
Environment on December 24, 1997. This submittal consists of amendments 
to the 1990 base year point, area, highway mobile, and non-road mobile 
source emission inventories in the area for the following pollutants: 
Volatile organic

[[Page 71]]

compounds (VOC), and oxides of nitrogen (NOX).
    (g) EPA approves revisions to the Maryland State Implementation Plan 
amending the 1990 base year emission inventories for the Baltimore ozone 
nonattainment area, submitted by the Secretary of Maryland Department of 
the Environment on December 24, 1997. This submittal consists of 
amendments to the 1990 base year point, area, highway mobile and non-
road mobile source emission inventories for volatile organic compounds 
and nitrogen oxides in the Baltimore ozone nonattainment area.
    (h) EPA approves revisions to the Maryland State Implementation Plan 
amending the 1990 base year emission inventories for the Cecil County 
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area, 
submitted by the Secretary of the Maryland Department of the Environment 
on December 24, 1997. This submittal consists of amendments to the 1990 
base year point, area, highway mobile and non-road mobile source 
emission inventories for volatile organic compounds and nitrogen oxides 
in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone 
nonattainment area.

[60 FR 55326, Oct. 31, 1995, as amended at 61 FR 2937, Jan. 30, 1996; 61 
FR 50717, Sept. 27, 1996; 61 FR 64029, Dec. 3, 1996; 62 FR 19679, Apr. 
23, 1997; 62 FR 34405, 34406, June 26, 1997; 63 FR 36858, July 8, 1998; 
65 FR 5252, Feb. 3, 2000; 66 FR 48210, Sept. 19, 2001]



Sec. 52.1076  Control strategy plans for attainment and rate-of-progress: 
Ozone.

    (a) EPA is approving as a revision to the Maryland State 
Implementation Plan the 15 Percent Rate of Progress Plan and associated 
contingency measures for the Cecil County ozone nonattainment area, 
submitted by the Secretary of the Maryland Department of the Environment 
on July 21, 1995.
    (b) EPA approves as a revision to the Maryland State Implementation 
Plan, the Stage II vapor recovery comparability plan for the counties of 
Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, 
St. Mary's, Talbot, Washington, Wicomico, and Worcester Counties 
submitted by the Maryland Department of the Environment on November 5, 
1997.
    (c) EPA approves as a revision to the Maryland State Implementation 
Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone 
nonattainment area, submitted by the Secretary of Maryland Department of 
the Environment on October 7, 1998.
    (d) EPA approves the Maryland's 15 Percent Rate of Progress Plan for 
the Maryland portion of the Metropolitan Washington, D.C. ozone 
nonattainment area, submitted by the Secretary of the Maryland 
Department of the Environment on May 5, 1998.
    (e) EPA is approving the State of Maryland's post-1996 (ROP) plan 
SIP revision for the Washington area which was submitted on December 24, 
1997, and supplemented on May 20, 1999, and the transportation control 
measures in Appendix H of the May 20, 1999 submittal.
    (f)(1) EPA approves revisions to the Maryland State Implementation 
Plan for post 1996 rate of progress plans for milestone years 1999, 2002 
and 2005 for the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area. These revisions were submitted by the 
Secretary of the Maryland Department of the Environment on December 24, 
1997, as revised on April 24 and August 18, 1998, December 21, 1999 and 
December 28, 2000.
    (2) EPA approves the contingency plans for failure to meet rate of 
progress in the Cecil County portion of the Philadelphia-Wilmington-
Trenton ozone nonattainment area for milestone years 1999, 2002 and 
2005. These plans were submitted by the Secretary of the Maryland 
Department of the Environment on December 24, 1997, as revised on April 
24 and August 18, 1998, December 21, 1999 and December 28, 2000.
    (3) EPA approves revisions to the Maryland State Implementation 
Plan, submitted by the Secretary of the Maryland Department of the 
Environment on March 8, 2004, for the rate-of-progress (ROP) plan for 
year 2005 for the Cecil County portion of the Philadelphia-Wilmington-
Trenton 1-hour ozone nonattainment area. These revisions update Cecil 
County's 2005 ROP

[[Page 72]]

plan's 1990 and 2005 motor vehicle emissions inventories and motor 
vehicle emissions budgets to reflect the use of the MOBILE6 emissions 
model, establish motor vehicle emissions budgets of 3.0 tons per day 
(tpd) of volatile organic compounds and 11.3 tpd of nitrogen oxides, and 
amend the contingency measures associated with the 2005 ROP plan for 
Cecil County.
    (g) EPA approves the revisions to the State Implementation Plan 
submitted by the Maryland Department of the Environment on April 29, 
1998, August 17, 1998, and February 14, 2000, and only section 9.1.1.2 
of the March 31, 2000 SIP supplement dealing with a commitment to revise 
the 2005 attainment motor vehicle emissions budgets within one-year of 
the EPA's release of the MOBILE6 model. The revisions are for the 
purpose of satisfying the attainment demonstration requirements of 
section 182(c)(2)(A) of the Clean Air Act for the Metropolitan 
Washington, DC serious ozone nonattainment area. The revision 
establishes an attainment date of November 15, 2005 for the Metropolitan 
Washington, DC ozone nonattainment area. This revision establishes motor 
vehicle emissions budgets for 2005 of 101.4 tons per day of volatile 
organic compounds (VOC) and 166.7 tons per day of nitrogen oxides 
(NOX) to be used in transportation conformity in the 
Metropolitan Washington, DC. Serious ozone nonattainment area until 
revised budgets based upon the MOBILE6 model are submitted and found 
adequate. In the revision, Maryland commits to revise their VOC and 
NOX transportation conformity budgets within one year of the 
release of the MOBILE6 model. Maryland also commits to conduct a mid-
course review to assess modeling and monitoring progress achieved 
towards the goal of attainment by 2007, and submit the results to EPA by 
December 31, 2003.
    (h) EPA approves the attainment demonstration for the Philadelphia 
area submitted as a revision to the State Implementation Plan by the 
Maryland Department of the Environment on April 29, 1998, August 18, 
1998, December 21, 1999, December 28, 2000, August 31, 2001, and 
September 2, 2003 including its RACM analysis and determination. EPA is 
also approving the revised enforceable commitments made to the 
attainment plan for the Baltimore severe ozone nonattainment area which 
were submitted on December 28, 2000. The enforceable commitments are to 
submit measures by October 31, 2001 for additional emission reductions 
as required in the attainment demonstration test, and to revise the SIP 
and motor vehicle emissions budgets by October 31, 2001 if the 
additional measures affect the motor vehicle emissions inventory; and to 
perform a mid-course review by December 31, 2003.
    (i) EPA approves the following mobile budgets of Maryland's 
attainment plan for the Philadelphia area:

               Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
                 Type of control strategy SIP                        Year          VOC (TPD)        NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration.....................................            2005              3.0             11.3
----------------------------------------------------------------------------------------------------------------

    (1) [Reserved]
    (2) Similarly, EPA is approving the 2005 attainment demonstration 
and its current budgets because Maryland has provided an enforceable 
commitment to submit new budgets as a SIP revision to the attainment 
plan consistent with any new measures submitted to fill any shortfall, 
if the new additional control measures affect on-road motor vehicle 
emissions.
    (j)(1) EPA approves revisions to the Maryland State Implementation 
Plan for post 1996 rate of progress plans for milestone years 1999, 2002 
and 2005 for the Baltimore severe ozone nonattainment area. These 
revisions were submitted by the Secretary of the Maryland Department of 
the Environment on December 24, 1997, as revised on April 24 and August 
18, 1998, December 21, 1999 and December 28, 2000.
    (2) EPA approves the contingency plans for failure to meet rate of 
progress in the Baltimore severe ozone nonattainment area for milestone 
years 1999, 2002 and 2005. These plans were submitted by the Secretary 
of the

[[Page 73]]

Maryland Department of the Environment on December 24, 1997, as revised 
on April 24 and August 18, 1998, December 21, 1999 and December 28, 
2000.
    (k) EPA approves the attainment demonstration for the Baltimore area 
submitted as a revision to the State Implementation Plan by the Maryland 
Department of the Environment on April 29, 1998, August 18, 1998, 
December 21, 1999, December 28, 2000, August 20, 2001, and September 2, 
2003 including its RACM analysis and determination. EPA is also 
approving the revised enforceable commitments made to the attainment 
plan for the Baltimore severe ozone nonattainment area which were 
submitted on December 28, 2000. The enforceable commitments are to 
submit measures by October 31, 2001 for additional emission reductions 
as required in the attainment demonstration test, and to revise the SIP 
and motor vehicle emissions budgets by October 31, 2001 if the 
additional measures affect the motor vehicle emissions inventory; and to 
perform a mid-course review by December 31, 2003.
    (l) EPA approves the following mobile budgets of the Baltimore area 
attainment plan:

                            Transportation Conformity Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
                 Type of control strategy SIP                        Year          VOC (TPD)        NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration.....................................            2005             55.0            146.9
----------------------------------------------------------------------------------------------------------------

    (1) [Reserved]
    (2) Similarly, EPA is approving the 2005 attainment demonstration 
and its current budgets because Maryland has provided an enforceable 
commitment to submit new budgets as a SIP revision to the attainment 
plan consistent with any new measures submitted to fill any shortfall, 
if the new additional control measures affect on-road motor vehicle 
emissions.
    (m) EPA approves the State of Maryland's revised 1990 and the 2005 
VOC and NOX highway mobile emissions inventories and the 2005 
motor vehicle emissions budgets for the one-hour ozone attainment plans 
for the Baltimore severe ozone nonattainment area and the Cecil County 
portion of the Philadelphia-Wilmington-Trenton severe ozone 
nonattainment area. These revisions were submitted by the Maryland 
Department of the Environment on September 2, 2003. Submission of these 
revised MOBILE6-based motor vehicle emissions inventories was a 
requirement of EPA's approval of the attainment demonstration under 
paragraphs (h) and (k) of this section.
    (n) EPA approves revisions to the Maryland State Implementation Plan 
for Post-1996 Rate of Progress (ROP) Plans for the Baltimore severe 1-
hour ozone nonattainment area. These revisions were submitted by the 
Secretary of the Maryland Department of the Environment on December 23, 
2003 and consist of the following:
    (1) Revisions to the base year 1990 emissions inventory which 
reflect the use of the MOBILE6 motor vehicle emissions model. These 
revisions establish motor vehicle emissions inventories for 1990 of 
165.14 tons per day of volatile organic compounds (VOC) and 228.21 tons 
per day of oxides of nitrogen (NOX).
    (2) Revisions to the year 2005 motor vehicle emissions budgets 
(MVEBs) for transportation conformity purposes, reflecting the use of 
the MOBILE6 motor vehicle emissions model. These revisions establish a 
motor vehicle emissions budget of 55 tons per day of volatile organic 
compounds (VOC) and 144.5 tons per day of oxides of nitrogen 
(NOX). EPA approved new 2005 MOBILE6-based MVEBs for the 
Baltimore area's 1-hour ozone attainment demonstration on October 27, 
2003 (68 FR 61106). Those MVEBs became effective on November 26, 2003. 
The approved 2005 attainment plan MVEBs budgets are 55.3 tons per day of 
VOC and 146.9 tons per day of NOX. The MVEBs of the 2005 ROP 
plan are less than the MVEBs in the approved attainment demonstration. 
These more restrictive MVEBs, contained in the ROP plan, are the 
applicable MVEBs to be used in transportation conformity

[[Page 74]]

demonstrations for the year 2005 for the Baltimore area.
    (3) Revisions to the 2005 ROP plan to reallocate some of the 
contingency measures established in prior SIP revisions to the control 
measures portion of the plan. EPA guidance allows states an additional 
year to adopt new contingency measures to replace those reallocated to 
the control measures portion of the plan. The State of Maryland's 
December 23, 2003 SIP revision submittal includes an enforceable 
commitment to replace those contingency measures reallocated to the 
control measures portion of the 2005 ROP plan and to submit these 
additional contingency measures by October 31, 2004.

[62 FR 40458, July 29, 1997, as amended at 63 FR 67782, Dec. 9, 1998; 65 
FR 5252, Feb. 3, 2000; 65 FR 44689, July 19, 2000; 66 FR 632, Jan. 3, 
2001; 66 FR 9769, Feb. 12, 2001; 66 FR 48211, Sept. 19, 2001; 66 FR 
49109, Sept. 26, 2001; 66 FR 54596, Oct. 29, 2001; 66 FR 54687, Oct. 30, 
2001; 68 FR 61104, Oct. 27, 2003; 69 FR 7135, Feb. 13, 2004; 69 FR 
19942, Apr. 15, 2004]



Sec. 52.1077  Source surveillance.

    (a) The requirements of Sec. 51.212 of this chapter are not met 
since the plans do not provide specific procedures for stationary 
sources to be periodically tested.

[37 FR 10870, May 31, 1972, as amended at 47 FR 20128, May 11, 1982; 51 
FR 40677, Nov. 7, 1986]



Sec. 52.1078  Extensions.

    (a) The Administrator hearby approves a request to extend the 
attainment date for the national ambient air quality standards for ozone 
to November 15, 2005 for the Metropolitan Washington, DC ozone 
nonattainment area.
    (b) The Administrator hereby extends by six-months the deadline by 
which Maryland must incorporate mandatory testing of second generation 
On-board Diagnostics (OBD-II) equipped motor vehicles as part of its 
inspection and maintenance (I/M) program. As a result of this deadline 
extension, Maryland must now incorporate mandatory OBD-II checks (for 
1996-and-newer OBD-II equipped vehicles) as an element of the 
Commonwealth's I/M program in all enhanced I/M program areas by July 1, 
2002.

[66 FR 632, Jan. 3, 2001, as amended at 68 FR 2210, Jan. 16, 2003]



Sec. 52.1079  Requirements for state implementation plan revisions 
relating to new motor vehicles.

    Maryland must comply with the requirements of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1080  Photochemical Assessment Monitoring Stations (PAMS) Program.

    On March 24, 1994 Maryland's Department of the Environment submitted 
a plan for the establishment and implementation of a Photochemical 
Assessment Monitoring Stations (PAMS) Program as a state implementation 
plan (SIP) revision, as required by section 182(c)(1) of the Clean Air 
Act. EPA approved the Photochemical Assessment Monitoring Stations 
(PAMS) Program on September 11, 1995 and made it part of Maryland SIP. 
As with all components of the SIP, Maryland must implement the program 
as submitted and approved by EPA.

[60 FR 47084, Sept. 11, 1995]



Sec. Sec. 52.1081-52.1109  [Reserved]



Sec. 52.1110  Small business stationary source technical and environmental 
compliance assistance program.

    On November 13, 1992, the Acting Director of the Air and Radiation 
Management Administration, Maryland Department of the Environment 
submitted a plan for the establishment and implementation of a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program as a state implementation plan (SIP) revision, as 
required by title V of the Clean Air Act Amendments. EPA approved the 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program on May 16, 1994, and made it part of the Maryland 
SIP. As with all components of the SIP, Maryland must implement the 
program as submitted and approved by EPA.

[59 FR 25333, May 16, 1994]

[[Page 75]]



Sec. Sec. 52.1111-52.1112  [Reserved]



Sec. 52.1113  [Reserved]



Sec. Sec. 52.1114-52.1115  [Reserved]



Sec. 52.1116  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) The following provisions of 40 CFR 52.21 are hereby incorporated 
and made a part of the applicable State plan for the State of Maryland.
    (1) Definition of federally enforceable (40 CFR 52.21(b)(17)),
    (2) Exclusions from increment consumption (40 CFR 52.21(f)(1)(v), 
(3), (4)(i)),
    (3) Redesignation of areas (40 CFR 52.21(g) (1), (2), (3), (4), (5), 
and (6)),
    (4) Approval of alternate models (40 CFR 52.21(1)(2)),
    (5) Disputed permits or redesignation (40 CFR 52.21(t), and
    (6) Delegation of Authority (40 CFR 52.21(u)(1), (2)(ii), (3), and 
(4)).

[45 FR 52741, Aug. 7, 1980 and 47 FR 7835, Feb. 23, 1982]



Sec. 52.1117  Control strategy: Sulfur oxides.

    (a) [Reserved]
    (b) The requirements of Sec. 51.112(a) of this chapter are not met 
because the State did not submit an adequate control strategy 
demonstration to show that the Maryland Regulation 10.03.36.04B (1) and 
(2) would not interfere with the attainment and maintenance of the 
national sulfur dioxide standards.

[40 FR 56889, Dec. 5, 1975, as amended at 41 FR 8770, Mar. 1, 1976; 41 
FR 54747, Dec. 15, 1976; 51 FR 40676, Nov. 7, 1986]



Sec. 52.1118  Approval of bubbles in nonattainment areas lacking approved 
demonstrations: State assurances.

    In order to secure approval of a bubble control strategy for the 
American Cyanamid facility in Havre de Grace, Maryland (see paragraph 
52.1070(c)(87)), the Maryland Department of the Environment--Air 
Management Administration provided certain assurances in a letter dated 
September 13, 1988 from George P. Ferreri, Director, to Thomas J. 
Maslany, Director, Air Management Division, EPA Region III. The State of 
Maryland assured EPA it would:
    (a) Include the bubble emission limits for this plant in any new 
State Implementation Plan,
    (b) Consider this plant with its approved bubble limits in reviewing 
sources for needed additional emission reductions, and
    (c) Not be delayed in making reasonable efforts to provide the 
necessary schedules for completing the new ozone attainment plan.

[55 FR 20272, May 16, 1990]



                         Subpart W_Massachusetts



Sec. 52.1119  Identification of plan--conditional approval.

    (a) The following plan revisions were submitted on the dates 
specified.
    (1) On November 13, 1992, the Massachusetts Department of 
Environmental Protection submitted a small business stationary source 
technical and environmental compliance assistance program (PROGRAM). On 
July 22, 1993, Massachusetts submitted a letter clarifying portions of 
the November 13, 1992 submittal. In these submissions, the State commits 
to submit adequate legal authority to establish and implement a 
compliance advisory panel and to have a fully operational PROGRAM by 
November 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 13, 1992 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) State Implementation Plan Revision for a Small Business 
Technical and Environmental Compliance Assistance Program dated November 
13, 1992.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 22, 1993 clarifying portions of Massachusetts' 
November 13, 1992 SIP revision.

[[Page 76]]

    (2) [Reserved]

[59 FR 41708, Aug. 15, 1994, as amended at 61 FR 43976, Aug. 27, 1996; 
65 FR 19326, Apr. 11, 2000]



Sec. 52.1120  Identification of plan.

    (a) Title of plan: ``Plan for Implementation, Maintenance, and 
Enforcement of National Primary and Secondary Ambient Air Quality 
Standards.''
    (b) The plan was officially submitted on January 27, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Emergency episode regulations submitted on February 22, 1972, by 
the Bureau of Air Quality Control, Massachusetts Department of Public 
Health.
    (2) Miscellaneous non-regulatory changes to the plan, wording 
changes in regulations 2.5 and 2.1 and clarification of Regulations 
2.5.1 through 2.5.4 submitted on April 27, 1972, by the Division of 
Environmental Health, Massachusetts Department of Public Health.
    (3) Miscellaneous non-regulatory additions to the plan submitted on 
May 5, 1972, by the Bureau of Air Quality Control, Massachusetts 
Department of Public Health.
    (4) Miscellaneous changes affecting regulations 2.1, 2.5, 4.2, 
4.5.1, 5.6.1, 6.1.2, 6.3.1, 8.1.6, 9.1, 15.1, 51.2, 52.1 and 52.2 of the 
regulations for all six Air Pollution Control Districts submitted on 
August 28, 1972 by the Governor.
    (5) Letter of concurrence on AQMA identifications submitted on July 
23, 1974, by the Governor.
    (6) Revision to Regulation No. 5, increasing allowable sulfur 
content of fuels in the Boston Air Pollution Control District submitted 
on July 11, 1975, by the Secretary of Environmental Affairs, and on 
April 1, 1977 and April 20, 1978 by the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering.
    (7) Revision to Regulation 50--Variances, Regulations for Control of 
Air Pollution in the six Massachusetts Air Pollution Control Districts, 
submitted by letter dated November 14, 1974, by the Governor.
    (8) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for 
the Merrimack Valley Air Pollution Control District submitted on January 
28, 1976 by the Secretary of Environmental Affairs and on August 22, 
1977 by the Commissioner of the Department of Environmental Quality 
Engineering, and additional technical information pertinent to the 
Haverhill Paperboard Corp., Haverhill, Mass., submitted on December 30, 
1976 by the Secretary of Environmental Affairs.
    (9) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for 
the Pioneer Valley Air Pollution Control District submitted on July 22, 
1976 by the Secretary of Environmental Affairs and on August 22, 1977 by 
the Commissioner of the Department of Environmental Quality Engineering, 
and additional technical information pertinent to Deerfield Specialty 
Papers, Inc., Monroe, Mass., submitted on December 27, 1977 by the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering.
    (10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, 
for the Central Massachusetts Air Pollution Control District submitted 
on June 25, 1976 by the Secretary of Environmental Affairs and on August 
22, 1977 by the Commissioner of the Department of Environmental Quality 
Engineering.
    (11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, 
for the Central Massachusetts Air Pollution Control District (revised 
and adopted by the Massachusetts Department of Environmental Quality 
Engineering on March 29, 1976, with specificprovisions for the City of 
Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental 
Affairs.
    (12) A revision to Regulation 5.1, Sulfur Content of Fuels and 
Control Thereof, for the Southeastern Massachusetts Air Pollution 
Control District, submitted on December 30, 1976 by the Secretary of 
Environmental Affairs and on January 31, 1978 by the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering.
    (13) A revision to Regulation 5.1, Sulfur Content of Fuels and 
Control Thereof, for the Berkshire Air Pollution Control District, 
submitted by the Commissioner of the Massachusetts Department of 
Environmental Quality Engineering on April 14, 1977, and additional 
technical information submitted

[[Page 77]]

on August 11, 1978, pertaining to the Schweitzer Division, Kimberly-
Clark Corporation, Columbia Mill, Lee, and on August 31, 1978, 
pertaining to Crane and Company, Inc., Dalton.
    (14) Revisions to ``Regulations for the Prevention and/or Abatement 
of Air Pollution Episode and Air Pollution Incident Emergencies,'' 
submitted on September 15, 1976 by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (15) A revision to Regulation 2.5, Compliance with Emission 
Limitations, and to Regulation 16, Reduction of Single Passenger 
Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control 
District, submitted on May 20, 1977, by the Acting Commissioner of the 
Executive Office of Environmental Affairs, Department of Environmental 
Quality Engineering.
    (16) Revision to regulation 7 and regulation 9, submitted on 
December 9, 1977, by the Commissioner of the Massachusetts Department of 
Environmental Quality and Engineering.
    (17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310 
CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at 
New England Power Company, Salem Harbor Station, Massachusetts, 
submitted on July 5, 1978 by the Commissioner, Massachusetts Department 
of Environmental Quality Engineering and an extension to 310 CMR 7.06, 
Visible Emissions, submitted on December 28, 1979.
    (18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)--
Emission Limitation to Incinerators, submitted February 1, 1978 by the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering.
    (19) The addition of Regulation 7.17, for the Southeastern 
Massachusetts Air Pollution Control District, Coal Conversion--Brayton 
Point Station, New England Power Company, submitted by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering on 
September 7, 1978. Compliance with this revision shall be determined by 
methods consistent with New Source Performance Standards, proposed Test 
Method 19, as stated in a letter dated February 8, 1979 from Kenneth 
Hagg of the Massachusetts Department of Environmental Quality 
Engineering to Frank Ciavattieri of the Environmental Protection Agency.
    (20) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control 
Thereof'' and a revision for the Metropolitan Boston APCD, and Merrimack 
Valley APCD submitted on December 28, 1978, by the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering.
    (21) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control 
Thereof'' and a revision to Regulation 310 CMR 7.05(4) ``Ash Content of 
Fuels'' for the Pioneer Valley Air Pollution Control District, submitted 
on January 3, 1979 by the Acting Com0missioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (22) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control 
Thereof'' for the Southeastern Massachusetts APCD, submitted on January 
31, 1979 by the Commissioner of the Massachusetts Department of 
Environmental Quality Engineering.
    (23) A revision to Regulation 310 CMR 7.05(4) ``Ash Content of 
Fuels'' for the Metropolitan Boston Air Pollution Control District, 
submitted on July 20, 1978 by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (24) A revision permanently extending Regulation 310 CMR 7.05(1) 
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control 
Thereof'' for the Central Massachusetts APCD, submitted on March 2, 1979 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering, and a revision removing the seasonal restriction in 
Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James 
River-Massachusetts submitted on September 28, 1979 by the Commissioner.
    (25) On March 30, 1979 and on April 23, 1979 the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering submitted 
the

[[Page 78]]

non-attainment area plan for Total Suspended Particulates (TSP) in 
Worcester, miscellaneous statewide regulation changes, and an extension 
request for the attainment of TSP secondary standards for areas 
designated non-attainment as of March 3, 1978.
    (26) On May 3, 1979, August 7, 1979, and April 17, 1980, the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering submitted a revision entitled ``Massachusetts Implementation 
Plan, Amended Regulation--All Districts, New Source Review Element,'' 
relating to construction and operation of major new or modified sources 
in non-attainment areas.
    (27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted 
on September 28, 1979 by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering.
    (28) Revision to the state ozone standard and adoption of an ambient 
lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner 
of the Department of Environmental Quality Engineering on August 21, 
1979.
    (29) A revision varying the provisions of Regulation 310 CMR 
7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's 
Kendall Station, First Street, Cambridge, and Blackstone Station, 
Blackstone Street, Cambridge, submitted on December 28, 1978 by the 
Commissioner of the Massachusetts Department of Environmental Quality 
Engineering.
    (30) Attainment plans to meet the requirements of Part D for carbon 
monoxide and ozone and other miscellaneous provisions were submitted by 
the Governor of Massachusetts on December 31, 1978 and on May 16, 1979 
by the Acting Commissioner of the Department of Environmental Quality 
Engineering. Supplemental information was submitted on September 19, 
November 13 and December 7, 1979; and March 20 and April 7, 1980 by 
DEQE.
    (31) A temporary variance to the Provisions of Regulation 310 CMR 
7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper 
Company, Otter River. Submitted on March 20, 1980 by the Commissioner of 
the Massachusetts Department of Environmental Quality Engineering.
    (32) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and 
Control Thereof'' for the Metropolitan Boston APCD submitted on November 
27, 1979 by the Commissioner of the Department of Environmental Quality 
Engineering.
    (33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) ``Sulfur Content of Fuels and Control Thereof'' for the Pioneer 
Valley Air Pollution Control District submitted by the Commissioner of 
the Massachusetts Department of Environmental Quality Engineering on 
March 2, 1979 and May 5, 1981.
    (34) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and 
Control Thereof'' for the Metropolitan Boston APCD submitted on April 
25, 1980 by the Commissioner of the Department of Environmental Quality 
Engineering.
    (35) On January 5, 1981, the Acting Director of the Division of Air 
Quality Control, Massachusetts Department of Environmental Quality 
Engineering submitted a revision entitled ``Appendix J Transportation 
Project Level Guidelines'' relating to policy guidance on the 
preparation of air quality analysis for transportation projects.
    (36) A comprehensive air quality monitoring plan, intended to meet 
requirements of 40 CFR part 58, was submitted by the Commissioner of the 
Department of Environmental Quality Engineering on January 28, 1980.
    (37) A revision submitted by the Commissioner of the Massachusetts 
Department of Environmental Quality Engineering on September 12, 1980 
adding a new regulation 310 CMR 7.19 ``Interim Sulfur-in-Fuel 
Limitations for Fossil Fuel Utilization Facilities Pending Conversion to 
an Alternate Fuel or Implementation of Permanent Energy Conservation 
Measures.''
    (38) A variance of Regulation 310 CMR 7.05(1)(d)(2) ``Sulfur Control 
of Fuels and Control Thereof'' for the Metropolitan Boston Air Pollution 
Control District, submitted on November 25, 1980, by the Commissioner of 
the Massachusetts Department of Environmental Quality Engineering.

[[Page 79]]

    (39) Revisions to meet the requirements of Part D and certain other 
sections of the Clean Air Act, as amended, for making a commitment to 
public transportation in the Boston urban region which were submitted on 
July 9, 1981 and on July 30, 1981.
    (40) Regulations 310 CMR (14), (15), and (16), for paper, fabric, 
and vinyl surface coaters to meet the requirements of Part D for ozone 
were submitted by the Governor of Massachusetts on March 6, 1981.
    (41) A revision to Regulation 7.05(1)(c) ``Sulfur Content of Fuels 
Control Thereof for the Merrimack Valley Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at 
Haverhill Paperboard Corporation, Haverhill.
    (42) Regulation 310 CMR 7.18(2)(b), to allow existing surface 
coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10), 
(11), (12), (14), (15) and (16) to bubble emissions to meet the 
requirements of Part D for ozone was submitted by the Governor on March 
6, 1981, and a letter clarifying state procedures was submitted on 
November 12, 1981. The emission limitations required by the federally-
approved portion of 310 CMR 7.18 are the applicable requirements of the 
Massachusetts SIP for the purpose of section 113 of the Clean Air Act 
and shall be enforceable by EPA and by citizens in the same manner as 
other requirements of the SIP; except that emission limitations adopted 
by the state under and which comply with 310 CMR 7.18(2)(b) and the 
procedures set out in the letter of November 12, 1981 shall be the 
applicable requirements of the Massachusetts SIP in lieu of those 
contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and 
by citizens.
    (43) A revision to Regulation 7.05(1)(d) ``Sulfur Content of Fuels 
and Control Thereof for the Metropolitan Boston Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at 
Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering.
    (44) The Massachusetts Department of Environmental Quality 
Engineering submitted an updated VOC emissions inventory on September 3, 
1981, and the procedures to annually update this inventory on November 
4, 1981.
    (45) A revision to Regulation 7.05(1)(e) ``Sulfur Content of Fuels 
and Control Thereof for the Pioneer Valley Air Pollution Control 
District'' allowing the burning of higher sulfur content fuel oil at the 
Holyoke Gas and Electric Department, Holyoke.
    (46) A revision submitted on December 29, 1981 by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering 
allowing the burning of higher sulfur content fuel oil at the ATF 
Davidson Company, Northbridge, until December 1, 1983.
    (47) Regulation 310 CMR 7.18(10) for metal coil coating was 
submitted on June 24, 1980 by the Commissioner of the Department of 
Environmental Quality Engineering, in order to meet Part D requirements 
for ozone.
    (48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous 
Metal Parts and Products and (12), Graphic Arts--Rotogravure and 
Flexography with test methods; and (13) Perchloroethylene Dry Cleaning 
Systems without test methods, were submitted on July 21, 1981 and March 
10, 1982 by the Department of Environmental Quality Engineering to meet 
Part D requirements for ozone attainment.
    (49) A revision to Regulation 7.17 ``Conversions to Coal'' submitted 
by the Commissioner of the Massachusetts Department of Environmental 
Quality Engineering on January 22, 1982 specifying the conditions under 
which coal may be burned at the Holyoke Water Power Company, Mount Tom 
Plant, Holyoke, Massachusetts.
    (50) [Reserved]
    (51) A revision submitted on September 29, 1982 by the Commissioner 
of the Massachusetts Department of Environmental Quality Engineering 
allowing the burning of fuel oil having a sulfur content of 0.55 pounds 
per million Btu heat release potential at the Northeast Petroleum 
Corporation, Chelsea, Massachusetts.
    (52) A revision submitted on September 28, 1982 by the Commissioner 
of

[[Page 80]]

the Massachusetts Department of Environmental Quality Engineering 
allowing the burning of higher sulfur content fuel oil at the Polaroid 
Corporation for a period of up to 30 months commencing on December 1, 
1982.
    (53)(i) Attainment plans for carbon monoxide and ozone submitted by 
the Department of Environmental Quality Engineering on September 9, 
November 2 and November 17, 1982; February 2, March 21, April 7, April 
26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)-
(7), (9)-(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)-(14), and 
540 CMR 4.00.
    (ii) Regulation 310 CMR 7.18(3) for the surface coating of metal 
furniture submitted on September 9, 1982 as part of the attainment plan 
identified in Sec. 52.1120(c)(53)(i), is added to the VOC surface 
coating bubble Regulation 310 CMR 7.18(2)(b) identified in Sec. 
52.1120(c)(42).
    (iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning 
systems submitted on September 9, 1982 as part of the attainment plan 
identified in section 52.1120(53)(i), is amended by adding EPA test 
methods to the no action identified in 52.1120(48).
    (54) On February 8, 1983, the Massachusetts Department of 
Environmental Quality Engineering submitted a source specific emission 
limit in the letter of approval to the Esleeck Manufacturing Company, 
Inc., Montague, allowing the Company to burn fuel oil having a maximum 
sulfur content of 1.21 pounds per million Btu heat release potential 
provided the fuel firing rate does not exceed 137.5 gallons per hour.
    (55) A revision to exempt the Berkshire Air Pollution Control 
District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25, 
1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control 
of the Department of Environmental Quality Engineering.
    (56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum 
liquid storage in external floating roof tanks submitted on December 2, 
1983.
    (57) Revisions to the State's narrative, entitled New Source 
Regulations on page 117 and 118, the regulatory definitions of BACT, 
NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13), 
submitted by Anthony D. Cortese, Commissioner, in August, 1982 and 
received on September 9, 1982.
    (58) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 7, 1991, 
November 13, 1992 and February 17, 1993.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated June 7, 1991, November 13, 1992 and February 17, 1993 
submitting revisions to the Massachusetts State Implementation Plan.
    (B) Amendments and additions to 310 CMR 7.00 submitted on June 7, 
1991 and effective on April 12, 1991.
    (C) Amendments and additions to 310 CMR 7.00 submitted on June 7, 
1991 and effective on June 21, 1991.
    (D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992 
and February 17, 1993 and effective on February 12, 1993.
    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittal.
    (59) A revision submitted on May 3, 1983, allowing the burning of 
2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility 
in Uxbridge, Massachusetts for a period of up to 30 months, commencing 
on March 23, 1984.
    (60) On May 27, 1982 and September 9, 1982 the Commissioner of the 
Massachusetts Department of Environmental Quality Engineering submitted 
a revised plan for new source review in nonattainment areas. The 
submittal included 310 CMR Appendix A, ``Emission Offsets and 
Nonattainment Review,'' additions to 310 CMR 7.00, ``General 
Definitions,'' and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5), 
``Plan Approval and Emission Limitations.''
    (61) A revision submitted on October 31, 1983, allowing the burning 
of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths 
facility in Taunton, Massachusetts for a period of up to 30 months, 
commencing on March 23, 1984.
    (62) A revision submitted on November 16, 1983 allowing the burning 
of 2.2% sulfur content fuel oil at the ATF

[[Page 81]]

Davidson Company in Northbridge, Massachusetts.
    (63) A revision submitted on February 2, 1984, allowing the burning 
of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in 
Chelsea, Massachusetts for a period of up to 30 months, commencing on 
June 15, 1984.
    (64) A revision to the Ozone Attainment Plan was submitted by S. 
Russell Sylva, Commissioner of the Massachusetts Department of 
Environmental Quality Engineering on February 14, and May 22, 1985 to 
control emissions from gasoline tank trucks and bulk terminal vapor 
recovery systems.
    (i) Incorporation by reference.
    (A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d), 
``Motor Vehicle Fuel Tank Trucks'', adopted December 1984.
    (B) The May 22, 1985 letter from Massachusetts DEQE, and the 
enforcement manual submitted and adopted on May 22, 1985, including 
Method 27, record form, potential leak points, major tank truck leak 
sources, test procedure for gasoline vapor leak detection procedure by 
combustible gas detector, instruction manual for Sentox 2 and Notice of 
Violation.
    (65) A temporary variance to 310 CMR 7.05(1)(d)2 of ``Sulfur Content 
of Fuels and Control Thereof for Metropolitan Boston Air Pollution 
Control District'' submitted on January 6, 1984 to allow for the use of 
2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison 
Company Mystic Station facility in Everett for thirty months commencing 
on September 25, 1984.
    (66) Attainment and maintenance plans for lead, submitted on July 13 
and August 17, 1984 by the Department of Environmental Quality 
Engineering.
    (67) A revision submitted on July 11, 1984 allowing the burning of 
2.2% sulfur content fuel oil at the James River Corporation Hyde Park 
Mill facility in Boston, Massachusetts for a period of up to 30 months, 
commencing on September 25, 1984.
    (68) A revision submitted on February 8 and October 23, 1985 
allowing the burning of 2.2% sulfur content fuel oil at the Phillips 
Academy facility in Andover, Massachusetts for a period of up to 30 
months, commencing on April 1, 1986.
    (i) Incorporation by reference. (A) Letter from Richard J. Chalpin, 
Acting Regional Engineer, to Phillips Academy, dated December 27, 1984 
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 
30 months from the date of publication), the savings from which will be 
used to implement permanent energy conservation measures to reduce on-
site consumption of petroleum products by at least 50,000 gallons per 
year (estimated 82,000 gallons per year). At the end of the temporary 
use period, Phillips Academy will return to the use of 1.0% sulfur fuel 
oil. The particulate emission rate for the facility will not exceed 0.15 
lbs. per million Btu.
    (B) These specific requirements of Regulation 310 CMR 7.19 were 
agreed to in a Statement of Agreement, signed February 19, 1985.
    (C) Memorandum to Donald C. Squires from Bruce K. Maillet dated 
October 4, 1985; subject: Response to EPA questions regarding Phillips 
Academy, outlines the permanent energy conservation measures to be used.
    (69) Revisions to federally approved regulations 310 CMR 7.02(2)(b) 
and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986 
and February 11, 1986 by the Department of Environmental Quality 
Engineering.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 7.02(2)(b), Department of Environmental 
Quality Engineering, Air Pollution Control, is corrected to include the 
word ``major'' before the word ``modification''.
    (B) Regulation 310 CMR 7.05(4), Department of Environmental Quality 
Engineering, Air Pollution Control, Ash Content of Fuels.
    (ii) Additional materials.
    (A) The nonregulatory portions of the state submittals.
    (70) A revision submitted on February 19, 1986 allowing the burning 
of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary 
Ellen McCormick and Maverick Family Development facilities in Boston, 
Massachusetts for a period of up to 30 months, commencing on August 12, 
1986.
    (i) Incorporation by reference.

[[Page 82]]

    (A) Letters dated August 30, 1985 and July 11, 1985 for the Mary 
Ellen McCormick and Maverick Family Development Facilities, 
respectively, from Richard J. Chalpin, Acting Regional Engineer, 
allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30 
months from August 12, 1986, the savings from which will be used to 
implement permanent energy conservation measures to reduce the on-site 
consumption of the petroleum products. At the end of the temporary use 
period, the Boston Housing Authority, Mary Ellen McCormick and Maverick 
Family Development facilities will return to the use of 0.5% sulfur fuel 
oil. The particulate emission rate for these facilities will not exceed 
0.12 lbs per million BTU.
    (B) Statements of Agreement both signed October 28, 1985 by Doris 
Bunte, Administrator of Boston Housing Authority.
    (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated 
January 9, 1986, subject: Decision Memo.
    (71) A revision submitted on May 12, 1986 allowing the burning of 
2.2% sulfur content fuel oil at the Boston Housing Authority, Mission 
Hill Extension Family Development facility in Boston, Massachusetts for 
a period of up to 30 months, commencing on November 25, 1986.
    (i) Incorporation by reference.
    (A) Letter dated March 5, 1986 for the Mission Hill Extension Family 
Development facility, from Richard J. Chalpin, Acting Regional Engineer, 
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 
30 months from the date of publication), the savings from which will be 
used to implement permanent energy conservation measures to reduce the 
on-site consumption of petroleum products. At the end of the temporary 
use period, the Boston Housing Authority, Mission Hill Extension Family 
Development facility will return to the use of 0.5% sulfur fuel oil. The 
particulate emission rate for this facility will not exceed 0.12 lbs per 
million Btu.
    (B) Statements of Agreement signed April 4, 1986 by Doris Bunte, 
Administrator of Boston Housing Authority.
    (C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April 
18, 1986, subject: Decision Memo.
    (72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6; 
7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986 
and January 15, 1987, by the Department of Environmental Quality 
Engineering (DEQE).
    (i) Incorporation by reference. (A) Regulation 310 CMR 7.02(2)(b) 4, 
5, and 6 are amended and became effective on February 6, 1987.
    (B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective 
on February 6, 1987.
    (C) Regulation 310 CMR 7.02(12)(d) is amended and became effective 
on February 6, 1987.
    (D) Regulations 310 CMR 7.14 (2) and (3) are added and became 
effective on February 6, 1987.
    (E) The Commonwealth of Massachusetts Regulation Filing document 
dated January 15, 1987 is provided and states that these regulatory 
changes became effective on February 6, 1987.
    (ii) Additional materials. The nonregulatory portions of the state 
submittals.
    (73) Revisions to the State Implementation Plan submitted by the 
Commonwealth of Massachusetts on February 21, February 25, and June 23, 
1986.
    (i) Incorporation by reference.
    (A) A letter from the Commonwealth of Massachusetts Department of 
Environmental Quality Engineering dated February 21, 1986 and amendments 
to 310 CMR 7.00 and 310 CMR 7.18 of the Regulations for the control of 
Air Pollution in the Berkshire, Central Massachusetts, Merrimack Valley, 
Metropolitan Boston, Pioneer Valley and Southeastern Massachusetts Air 
Pollution Control Districts.
    (B) A letter from the Commonwealth of Massachusetts Department of 
Environmental Quality Engineering (DEQE), dated June 23, 1986 and the 
Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin 
Manufacturing, dated February 1986.
    (C) A Regulation Filing and Publication document from the 
Commonwealth of Massachusetts Department of Environmental Quality 
Engineering, dated February 25, 1986.

[[Page 83]]

    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittals.
    (74) Revisions to the State Implementation Plan were submitted by 
the Commissioner of the Department of Environmental Quality Engineering 
on November 5, 1986 and December 10, 1986.
    (i) Incorporation by reference.
    (A) Letter dated November 5, 1986 from the Massachusetts Department 
of Environmental Quality Engineering (DEQE) submitting revisions to the 
State Implementation Plan for EPA approval.
    (B) Letter from the Massachusetts DEQE dated December 10, 1986, 
which states that the effective date of Regulations 310 CMR 7.00, 
``Definitions'' and 310 CMR 7.18(19), ``Synthetic Organic Chemical 
Manufacture,'' is November 28, 1986.
    (C) Massachusetts' Regulation 310 CMR 7.18(19) entitled, ``Synthetic 
Organic Chemical Manufacture,'' and amendments to 310 CMR 7.00, 
``Definitions,'' effective in the Commonwealth of Massachusetts on 
November 28, 1986.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (75) [Reserved]
    (76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17) 
submitted by the Department of Environmental Quality Engineering on 
September 20, 1988.
    (i) Incorporation by reference.
    (A) Amendment to Regulation 310 CMR 7.18(2)(e)--effective July 22, 
1988.
    (B) Amendments to Regulation 310 CMR 7.18(17)(d)--effective July 22, 
1988.
    (C) A Regulation Filing and Publication document from the 
Commonwealth of Massachusetts Department of Environmental Quality 
Engineering dated July 5, 1988 which states that the effective date of 
the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d), 
incorporated above, is July 22, 1988.
    (ii) Additional materials.
    (A) Nonregulatory portions of the state submittal.
    (77) Revisions to federally approved regulation 310 CMR 7.05(1) 
submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November 
25, 1987 by the Department of Environmental Quality Engineering 
approving sulfur-in-fuel limitations for the following sources: American 
Fiber and finishing Company (formerly known as Kendall Company), 
Colrain; Erving Paper company, Erving; and Westfield River Paper 
Company, Russell.
    (i) Incorporation by reference. (A) Letters dated October 14, 1987 
for the American Fiber and Finishing Company, Erving Paper Company, and 
Westfield River Paper Company facilities from Stephen F. Joyce, Deputy 
Regional Environmental Engineer, Department of Environmental Quality 
Engineering.
    (B) Statements of agreement signed November 6, 1987 by Schuyler D. 
Bush, Vice President of Erving Paper Company; 1987 by Francis J. 
Fitzpatrick, President of Westfield River Paper Company; and November 
16, 1987 by Robert Young, Vice President of American Fiber and Finishing 
Company.
    (78) Revisions to federally approved regulation 310 CMR 7.02(12) 
submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by 
the Department of Environmental Quality Engineering, limiting the 
volatility of gasoline from May 1 through September 15, beginning 1989 
and continuing every year thereafter, including any waivers to such 
limitations that Massachusetts may grant. In 1989, the control period 
will begin on June 30.
    (i) Incorporation by reference.
    (A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled, 
``gasoline Reid Vapor Pressure (RVP),'' and amendments to 310 CMR 7.00, 
``Definitions,'' effective in the Commonwealth of Massachusetts on May 
11, 1988.
    (B) Massachusetts Emergency Regulation Amendment to 310 CMR 
7.02(12)(e) 2.b entitled ``gasoline Reid Vapor Pressure'' effective in 
the Commonwealth of Massachusetts on April 11, 1989, with excerpt from 
the Manual for Promulgating Regulations, Office of the Secretary of 
State.
    (79) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 4, 1988 
and July 16, 1989 which define and impose reasonably available control 
technology to control volatile organic compound emissions from Monsanto 
Chemical

[[Page 84]]

Company in Indian Orchard, Massachusetts.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated July 18, 1989 submitting a 
revision to the Massachusetts State Implementation Plan.
    (B) A final RACT Compliance Plan Conditional Approval issued to 
Monsanto Chemical Company by the Massachusetts Department of 
Environmental Protection, dated and effective June 20, 1989.
    (ii) Additional materials. (A) Nonregulatory portions of the state 
submittal.
    (80) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 18, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 18, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Amendments to the Conditional Plan Approval dated and effective 
July 12, 1989 and the Conditional Plan Approval dated and effective 
October 7, 1985 imposing reasonably available control technology on 
Spalding Sports Worldwide in Chicopee, Massachusetts.
    (81) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Quality Engineering on July 
18, 1989.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Quality Engineering dated July 18, 1989 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) RACT Approval Addendum for Cranston Print Works Company, Webster 
Division Facility in Webster, Massachusetts dated and effective June 20, 
1989.
    (ii) Additional materials. Nonregulatory portions of the State 
submittal.
    (82) Revision to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection August 8, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 8, 1989 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Amended Conditional Plan Approval (SM-85-168-IF) dated and 
effective August 1, 1989 and an Amendment to the Amended Conditional 
Plan Approval (SM-85-168-IF Revision) dated and effective August 8, 1989 
imposing reasonably available control technology on Duro Textile 
Printers, Incorporated in Fall River, Massachusetts.
    (83) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 24, 1989 
and October 16, 1989 regulating gasoline volatility.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated October 16, 1989 and a 
revision to the Massachusetts State Implementation Plan containing 
revised Massachusetts gasoline Reid Vapor Pressure regulation 310 CMR 
7.24(5)(b)2, effective September 15, 1989.
    (84) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 27, 1982, 
June 22, 1987, and December 27, 1989.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 27, 1982, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Amendments to 310 CMR 7.00, ``Definitions'' effective in the 
Commonwealth of Massachusetts on June 18, 1982 which add the definitions 
of the terms ``stationary source'' and ``building, structure, facility, 
or installation.''
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated June 22, 1987 certifying that it did not rely on a dual 
definition in its attainment demonstration.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated December 27, 1989 submitting additional assurances that 
it is making reasonable efforts to develop a complete and approve SIP.
    (C) Nonregulatory portions of the submittal.

[[Page 85]]

    (85) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 28, 
1989.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated November 28, 1989 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) A Plan Approval 4P89005 Correction dated and effective November 
17, 1989 and the Amended Plan Approval, 4P89005 dated and effective 
October 19, 1989 imposing reasonably available control technology on 
Boston Whaler Inc., in Norwell, Massachusetts.
    (ii) Additional materials. (A) Nonregulatory portions of the State 
submittal.
    (86) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 28, 
1989.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated November 28, 1989 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) A Plan Approval 4P89006 Correction dated and effective November 
17, 1989 and the Amended Plan Approval (4P89006) dated and effective 
October 19, 1989 imposing reasonably available control technology on 
Boston Whaler Inc. in Rockland, Massachusetts.
    (ii) Additional materials. (A) Nonregulatory portions of the State 
submittal.
    (87) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 20, 
1989.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated November 20, 1989 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) 2nd Amendment to the Final Approval/RACT Approval for the 
Philips Lighting Company dated November 2, 1989.
    (ii) Additional materials. (A) Nonregulatory portions of the State 
submittal.
    (88) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 13, 1990.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated June 13, 1990 submitting a 
revision to the Massachusetts State Implementation Plan.
    (B) An Amended Plan Approval dated and effective June 1, 1990 
imposing reasonably available control technology on Acushnet Company, 
Titleist Golf Division, Plant A in New Bedford, Massachusetts.
    (ii) Additional materials. (A) Nonregulatory portions of the State 
submittal.
    (89) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 9, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 9, 1990 submitting a revision to the Massachusetts 
State Implementation Plan.
    (B) An Amended Plan Approval dated and effective June 8, 1990 
imposing reasonably available control technology on General Motors 
Corporation in Framingham, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the State submittal.
    (90) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on October 25, 1990 
which define and impose RACT to control volatile organic compound 
emissions from Erving Paper Mills in Erving, Massachusetts.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated October 25, 1990 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) A conditional final plan approval issued by the Massachusetts 
Department of Environmental Protection to Erving Paper Mills dated and 
effective October 16, 1990.
    (91) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental

[[Page 86]]

Protection on April 22, 1991 which clarify the requirements of RACT to 
control volatile organic compound emissions from Erving Paper Mills in 
Erving, Massachusetts.
    (i) Incorporation by reference. (A) Letter from the Massachusetts 
Department of Environmental Protection dated April 22, 1991 submitting a 
revision to the Massachusetts State Implementation Plan.
    (B) A conditional final plan approval amendment issued by the 
Massachusetts Department of Environmental Protection to Erving Paper 
Mills dated and effective April 16, 1991. This amended conditional plan 
approval amends the October 16, 1990 conditional plan approval 
incorporated at paragraph (c)(90) of this section.
    (92) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 17, 1989, 
June 7, 1991 and December 17, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated August 17, 1989 and June 7, 1991 submitting a revision 
to the Massachusetts State Implementation Plan.
    (B) Portions of regulation 310 CMR 7.18(7) for automobile surface 
coating as submitted on August 17, 1989 effective in the Commonwealth of 
Massachusetts on September 15, 1989.
    (C) Portions of regulation 310 CMR 7.18(7) for automobile surface 
coating as submitted on June 7, 1991 effective in the Commonwealth of 
Massachusetts on June 21, 1991.
    (ii) Additional materials.
    (A) A letter dated December 17, 1991 from the Massachusetts 
Department of Environmental Protection withdrawing the emission limit 
for the Primer-surfacer application from the June 7, 1991 submittal.
    (B) Nonregulatory portions of state submittal.
    (93) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 27, 1982, 
June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7, 
1991 and December 17, 1991.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and 
June 7, 1991, submitting revisions to the Massachusetts State 
Implementation Plan.
    (B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and 
effective on September 16, 1982.
    (C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985 
and effective on September 30, 1984.
    (D) Amendments to portions of 310 CMR 7.00 submitted on August 17, 
1989 and effective September 15, 1989.
    (E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 
and effective on April 12, 1991.
    (F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 
and effective on June 21, 1991.
    (ii) Additional materials.
    (A) A letter from the Massachusetts Department of Environmental 
Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00: 
Appendix B.
    (B) A letter from the Massachusetts Department of Environmental 
Quality Engineering dated March 6, 1985 submitting additional 
information on 310 CMR 7.00: Appendix B and referencing 310 CMR 
7.18(2)(b).
    (C) A letter dated December 17, 1991 from the Massachusetts 
Department of Environmental Protection withdrawing the emission limit 
for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June 
7, 1991 submittal.
    (D) Nonregulatory portions of state submittal.
    (94) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 4, 1989, 
December 6, 1989 and March 23, 1990.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 4, 1989, December 6, 1989 and March 23, 1990 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) Massachusetts' Air Pollution Control Regulations 310 CMR 7.30 
(excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, ``MB 
Massport/Logan Airport Parking Freeze'' and ``MB City of Boston/East 
Boston Parking Freeze'' respectively, effective in the State of

[[Page 87]]

Massachusetts on 11/24/89, and technical amendments to that regulation 
submitted by the Massachusetts Department of Environmental Protection on 
March 23, 1990, effective 3/30/90.
    (ii) Additional materials.
    (A) Appendix 5D, Baseline and Future Case CO Compliance Modeling, 
dated June 1986.
    (B) Policy Statement Regarding the Proposed Amendment to the Logan 
Airport Parking Freeze, dated November 14, 1988.
    (95) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection of May 15, 1991.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated May 15, 1992 submitting a revision to the Massachusetts 
State Implementation Plan.
    (B) Final Plan Approval No. 4P89051, dated and effective May 13, 
1991 imposing reasonably available control technology on Dartmouth 
Finishing Corporation, New Bedford, Massachusetts.
    (96) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 30, 
1991.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated January 30, 1991 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification 
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution 
Control District,'' and amendment to 310 CMR 7.00, entitled 
``Definitions,'' effective in the Commonwealth of Massachusetts on 
January 18, 1991.
    (97) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on May 17, 1990, 
July 5, 1990, June 7, 1991, and April 21, 1992.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection, dated May 17, 1990 and June 7, 1991, submitting a revision 
to the Massachusetts State Implementation Plan.
    (B) Definition of ``motor vehicle fuel,'' ``motor vehicle fuel 
dispensing facility,'' ``substantial modification,'' and ``vapor 
collection and control system,'' added to 310 CMR 7.00 and effective in 
the Commonwealth of Massachusetts on October 27, 1989.
    (C) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective 
in the Commonwealth of Massachusetts on October 27, 1989.
    (D) Amendments to 310 CMR 7.24(6)(b) ``Dispensing of Motor Vehicle 
Fuel'' and to the definition of ``substantial modification'' in 310 CMR 
7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.
    (E) Amendment to the definition of ``motor vehicle fuel dispensing 
facility'' in 310 CMR 7.00, effective in the Commonwealth of 
Massachusetts on April 12, 1991.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated July 5, 1990, requesting the withdrawal of amendments 
to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in 
Berkshire County from the SIP revision package submitted on May 17, 
1990.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated April 21, 1992, submitting an implementation policy 
statement regarding its Stage II program. This policy statement 
addresses the installation of California Air Resources Board (CARB) 
certified systems, Stage II testing procedures, and defects in State II 
equipment.
    (C) Nonregulatory portions of the submittal.
    (98) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 13, 
1992, January 15, 1993, and February 17, 1993.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated November 13, 1992, January 15, 1993, and February 17, 
1993, submitting a revision to the Massachusetts State Implementation 
Plan.
    (B) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective 
in the State of Massachusetts on February 12, 1993.
    (ii) Additional materials.

[[Page 88]]

    (A) Nonregulatory portions of the submittal.
    (99) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 3, 1990 
and August 26, 1992 which define and impose reasonably available control 
technology to control volatile organic compound emissions from S. Bent & 
Brothers in Gardner, Massachusetts.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 26, 1992 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Air Quality Approval RACT issued to S. Bent by the 
Massachusetts Department of Environmental Protection dated and effective 
May 22, 1992.
    (ii) Additional materials
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 3, 1990 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Air Quality Approval RACT issued to S. Bent by the 
Massachusetts Department of Environmental Protection dated and effective 
October 17, 1990.
    (C) Nonregulatory portions of the November 3, 1990 and August 26, 
1992 state submittals.
    (100) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 19, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 19, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Plan approval no. C-P-93-011, effective June 30, 1993, which 
contains emissions standards, operating conditions, and recordkeeping 
requirements applicable to Nichols & Stone Company in Gardner, 
Massachusetts.
    (ii) Additional materials.
    (A) Letter dated October 27, 1993 from Massachusetts Department of 
Environmental Protection submitting certification of a public hearing.
    (101) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 9, 
1991.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 9, 1991 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Massachusetts Regulation 310 CMR 7.36, entitled ``Transit System 
Improvements'', Massachusetts Regulation 310 CMR 7.37, entitled ``High 
Occupancy Vehicle Facilities'', and amendments to 310 CMR 7.00, entitled 
``Definitions,'' effective in the Commonwealth of Massachusetts on 
December 6, 1991.
    (102) [Reserved]
    (103) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 15, 
1993 and May 11, 1994, substituting the California Low Emission Vehicle 
program for the Clean Fuel Fleet program.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated November 15, 1993 and May 11, 1994, submitting a 
revision to the Massachusetts State Implementation Plan which 
substitutes the California Low Emission Vehicle program for the Clean 
Fuel Fleet program.
    (B) A regulation dated and effective January 31, 1992, entitled ``U 
Low Emission Vehicle Program'', 310 CMR 7.40.
    (C) Additional definitions to 310 CMR 7.00 ``Definitions'' (dated 
and effective 1/31/92) to carry out the requirements set forth in 310 
CMR 7.40.
    (ii) Additional materials.
    (A) Additional nonregulatory portions of the submittal.
    (104) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 31, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 31, 1994 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Final Plan Approval No. 4P92012, dated and effective March 16, 
1994 imposing reasonably available control technology on Brittany Dyeing 
and

[[Page 89]]

Finishing of New Bedford, Massachusetts.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (105) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 6, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated June 6, 1994 submitting a revision to the Massachusetts 
State Implementation Plan.
    (B) 310 CMR 7.02(12) ``U Restricted Emission Status'' effective in 
the Commonwealth of Massachusetts on February 25, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (106) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on June 28, 1990, 
September 30, 1992, and July 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated June 28, 1990, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated September 30, 1992, submitting a revision to the 
Massachusetts State Implementation Plan.
    (C) Letter from the Massachusetts Department of Environmental 
Protection, dated July 15, 1994, submitting a revision to the 
Massachusetts State Implementation Plan.
    (D) Regulation 310 CMR 7.12 entitled ``Inspection Certification 
Record Keeping and Reporting'' which became effective on July 1, 1994.
    (ii) Additional materials.
    (A) Nonregulatory portions of submittal.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated December 30, 1994, assuring EPA that the data elements 
noted in EPA's December 13, 1994 letter were being incorporated into the 
source registration forms used by Massachusetts emission statement 
program.
    (ii) Additional materials.
    (A) Nonregulatory portions of submittal.
    (107) Massachusetts submitted the Oxygenated Gasoline Program on 
October 29, 1993. This submittal satisfies the requirements of section 
211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Letter dated October 29, 1993 which included the oxygenated 
gasoline program, amendments to the Massachusetts Air Pollution Control 
Regulations, 310 CMR 7.00, with an effective date of March 1, 1994, 
requesting that the submittal be approved and adopted as part of 
Massachusetts' SIP.
    (ii) Additional materials.
    (A) The Technical Support Document for the Redesignation of the 
Boston Area as Attainment for Carbon Monoxide submitted on December 12, 
1994.
    (108) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 9, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated January 9, 1995 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the Commonwealth of Massachusetts effective on November 
18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best 
Available Controls for Consumer and Commercial Products.
    (109) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 9, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated January 9, 1995, submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the Commonwealth of Massachusetts effective on December 
16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28) 
Automotive Refinishing.

[[Page 90]]

    (110) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on March 29, 1995.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 29, 1995 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) The following portions of the Rules Governing the Control of Air 
Pollution for the Commonwealth of Massachusetts effective on January 27, 
1995: 310 Code of Massachusetts Regulations Section 7.18(29), Bakeries.
    (111) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 30, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 30, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33, 
entitled ``City of Boston/South Boston Parking Freeze,'' and the 
following amendments to 310 CMR 7.00, entitled ``Definitions,'' which 
consist of adding or amending four definitions; motor vehicle parking 
space; off-peak parking spaces; remote parking spaces; and restricted 
use parking, effective in the Commonwealth of Massachusetts on April 9, 
1993.
    (112) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 9, 
1994, and April 14, 1995, concerning emissions banking, trading, and 
averaging.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated February 9, 1994, and March 29, 1995, submitting 
revisions to the Massachusetts State Implementation Plan.
    (B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix 
B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix 
B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1, 
1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00 
Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR 
7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995.
    (ii) Additional materials.
    (A) Letter and attachments from the Massachusetts Department of 
Environmental Protection dated February 8, 1996, submitting supplemental 
information concerning the demonstration of balance between credit 
creation and credit use.
    (113) A revision to the Massachusetts SIP regarding ozone 
monitoring. The Commonwealth of Massachusetts will modify its SLAMS and 
its NAMS monitoring systems to include a PAMS network design and 
establish monitoring sites. The Commonwealth's SIP revision satisfies 40 
CFR 58.20(f) PAMS requirements.
    (i) Incorporation by reference.
    (A) Massachusetts PAMS Network Plan, which incorporates PAMS into 
the ambient air quality monitoring network of State or Local Air 
Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).
    (ii) Additional material.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 30, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (114) The Commonwealth of Massachusetts' March 27, 1996 submittal 
for an enhanced motor vehicle inspection and maintenance (I/M) program, 
as amended on June 27, 1996 and July 29, 1996, and November 1, 1996, is 
conditionally approved based on certain contingencies, for an interim 
period to last eighteen months. If the Commonwealth fails to start its 
program according to schedule, or by November 15, 1997 at the latest, 
this conditional approval will convert to a disapproval after EPA sends 
a letter to the state. If the Commonwealth fails to satisfy the 
following conditions within 12 months of this rulemaking, this 
conditional approval will automatically convert to a disapproval as 
explained under section 110(k) of the Clean Air Act.
    (i) The conditions for approvability are as follows:
    (A) The time extension program as described and committed to in the

[[Page 91]]

March 3, 1997 letter from Massachusetts must be further defined and 
submitted to EPA as a SIP revision by no later than one year after the 
effective date of this interim approval. Another program which meets the 
requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic 
Inspection) and provides for no more than a 1% waiver rate would also be 
approvable.
    (B) Other major deficiencies as described in the proposal must also 
be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), Sec. 
51.354 (Adequate Tools and Resources), Sec. 51.357 (Test Procedures and 
Standards), Sec. 51.359 (Quality Control), and Sec. 51.363 (Quality 
Assurance). The Commonwealth, committed in a letter dated March 3, 1997 
to correct these deficiencies within one year of conditional interim 
approval by EPA.
    (ii) In addition to the above conditions for approval, the 
Commonwealth must correct several minor, or de minimus deficiencies 
related to CAA requirements for enhanced I/M. Although satisfaction of 
these deficiencies does not affect the conditional approval status of 
the Commonwealth's rulemaking granted under the authority of section 110 
of the Clean Air Act, these deficiencies must be corrected in the final 
I/M SIP revision prior to the end of the 18-month interim period granted 
under the National Highway Safety Designation Act of 1995:
    (A) The SIP lacks a detailed description of the program evaluation 
element as required under 40 CFR 51.353;
    (B) The SIP lacks a detailed description of the test frequency and 
convenience element required under 40 CFR 51.355;
    (C) The SIP lacks a detailed description of the number and types of 
vehicles included in the program as required under 40 CFR 51.356;
    (D) The SIP lacks a detailed information concerning the enforcement 
process, and a commitment to a compliance rate to be maintained in 
practice required under 40 CFR 51.361.
    (E) The SIP lacks the details of the enforcement oversight program 
including quality control and quality assurance procedures to be used to 
insure the effective overall performance of the enforcement system as 
required under 40 CFR 51.362;
    (F) The SIP lacks a detailed description of procedures for 
enforcement against contractors, stations and inspectors as required 
under 40 CFR 51.364;
    (G) The SIP lacks a detailed description of data analysis and 
reporting provisions as required under 40 CFR 51.366;
    (H) The SIP lacks a public awareness plan as required by 40 CFR 
51.368; and
    (I) The SIP lacks provisions for notifying motorists of required 
recalls prior to inspection of the vehicle as required by 40 CFR 51.370.
    (iii) EPA is also approving this SIP revision under section 110(k), 
for its strengthening effect on the plan.
    (115) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on October 17, 1997 
and July 30, 1996.
    (i) Incorporation by reference.
    (A) 310 CMR 7.24(8) ``Marine Volatile Organic Liquid Transfer'' 
effective in the Commonwealth of Massachusetts on October 5, 1997.
    (B) Definition of ``volatile organic compound'' in 310 CMR 7.00 
``Definitions'' effective in the Commonwealth of Massachusetts on June 
28, 1996.
    (C) Definition of ``waterproofing sealer'' in 310 CMR 7.25 ``Best 
Available Controls for Consumer and Commercial Products'' effective in 
the Commonwealth of Massachusetts on June 28, 1996.
    (ii) Additional materials
    (A) Nonregulatory portions of the submittal.
    (116) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on August 9, 2000, 
September 11, 2000 and July 25, 1995.
    (i) Incorporation by reference.
    (A) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective 
in the Commonwealth of Massachusetts on September 29, 2000.
    (B) 310 CMR 7.00 definitions of the following terms associated with 
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on 
September 29, 2000: ``commence operation''; ``emergency situation''; 
``executive order''; ``Stage II system''; ``substantial

[[Page 92]]

modification''; ``vacuum assist system''; and ``vapor balance system.''
    (C) 310 CMR 7.00 definitions of the following terms associated with 
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on 
June 30, 1995: ``emergency motor vehicle;'' and ``tank truck.''
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (117) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 17, 
1993.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated February 17, 1993 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint 
spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 310 
CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal 
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal 
parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), 
Reasonable available control technology (as it applies to the 
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission 
control plans for implementation of reasonably available control 
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR 
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products 
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating; 
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26), 
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR 
7.24(3), Distribution of motor vehicle fuel all effective on February 
12, 1993.
    (118) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 19, 
1997.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 19, 1997 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Regulation 310 CMR 7.27, NOX Allowance Program, 
effective on June 27,1997.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated March 9, 1998 clarifying the program implementation 
process.
    (119) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 15, 1994, 
October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999.
    (i) Incorporation by reference.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated July 15, 1994, October 4, 1996, December 2, 1996, 
January 11, 1999, and April 16, 1999 submitting revisions to the 
Massachusetts State Implementation Plan.
    (B) Regulation, 310 CMR 7.19, ``Reasonably Available Control 
Technology (RACT) for Sources of Oxides of Nitrogen (NOX)'' 
as adopted by the Commonwealth of Massachusetts on June 29, 1994 and 
effective on July 1, 1994.
    (C) Emission Control Plan for Specialty Minerals, Incorporated, in 
Adams, issued by Massachusetts and effective on June 16, 1995.
    (D) Emission Control Plan for Monsanto Company's Indian Orchard 
facility in Springfield, issued by Massachusetts and effective on 
October 28, 1996.
    (E) Emission Control Plan for Turners Falls Limited Partnership/
Indeck Energy Services Turners Falls, Inc., in Montague, issued by 
Massachusetts and effective on March 10, 1998.
    (F) Emission Control Plan for Medusa Minerals Company in Lee, issued 
by Massachusetts and effective on April 17, 1998.
    (G) Regulation 310 CMR 7.08(2), ``Municipal Waste Combustors, 
adopted on July 24, 1998 and effective on August 21, 1998, excluding the 
following sections which were not submitted as part of the SIP revision: 
(a); the definition of ``Material Separation Plan'' in (c); (d)1; (d)2; 
(d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2; 
(g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4; 
(h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c; 
(i)2.d; (i)2.e; and (k)3.

[[Page 93]]

    (H) Amendments to regulation 310 CMR 7.19, ``Reasonably Available 
Control Technology (RACT) for Sources of Oxides of Nitrogen 
(NOX)'' as adopted by the Commonwealth of Massachusetts on 
January 5, 1999 and effective on January 22, 1999.
    (120) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 25, 1990.
    (i) Incorporation by reference.
    (A) 310 CMR 6.04, 7.00, and 8.02 and 8.03 (August 17, 1990).
    (121) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on January 11, 1995 
and March 29, 1995.
    (i) Incorporation by reference.
    (A) Definitions of ``combustion device,'' ``leak,'' ``leaking 
component,'' ``lightering or lightering operation,'' ``loading event,'' 
``marine tank vessel,'' ``marine terminal,'' ``marine vessel,'' 
``organic liquid,'' and ``recovery device'' in 310 CMR 7.00 
``Definitions'' effective in the Commonwealth of Massachusetts on 
January 27, 1995.
    (ii) Additional materials.
    (A) Nonregulatory portions of the submittal.
    (122) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on May 14, 1999, 
February 1, 2000 and March 15, 2000.
    (i) Incorporation by reference.
    (A) Regulation 310 CMR 60.02 entitled ``Regulations for the Enhanced 
Motor Vehicle Inspection and Maintenance Program'' which became 
effective on October 1, 1999, and a September 17, 1999, Notice of 
Correction submitted by the Secretary of State indicating the effective 
date of the regulations.
    (B) Sections 4.01, 4.02, 4.03, 4.04(1), (2), (3), (5), (15) 4.05(1), 
(2), (12)(d), (12)(e), (12)(o) 4.07, 4.08, and 4.09 of Regulation 540 
CMR 4.00 entitled ``Periodic Annual Staggered Safety and Combined Safety 
and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers 
and Converter Dollies' which became effective on May 28, 1999.''
    (ii) Additional materials.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated May 14, 1999, February 1, 2000, and March 15, 2000, 
submitting a revision to the Massachusetts State Implementation Plan.
    (B) Test Procedures and Equipment Specifications submitted on 
February 1, 2000.
    (C) Acceptance Test Protocol submitted on March 15, 2000.
    (123) [Reserved]
    (124) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on November 19, 
1999.
    (i) Incorporation by reference.
    (A) Amendments revising regulatory language in 310 CMR 7.19(13)(b), 
Continuous Emission Monitoring Systems, which became effective on 
December 10, 1999.
    (B) Amendments to 310 CMR 7.27, NOX Allowance Program, 
adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 
7.27(15)(e), which became effective December 10, 1999.
    (C) Regulations 310 CMR 7.28, NOX Allowance Trading 
Program, which became effective on December 10, 1999.
    (ii) Additional materials.
    (A) Letter from the Commonwealth of Massachusetts, Executive Office 
of Environmental Affairs, Department of Environmental Protection dated 
November 19, 1999, submitting amendment to SIP.
    (B) Background Document and Technical Support for Public Hearings on 
the Proposed Revisions to the State Implementation Plan for Ozone, July, 
1999.
    (C) Supplemental Background Document and Technical Support for 
Public Hearings on Modifications to the July 1999 Proposal to Revise the 
State Implementation Plan for Ozone, September, 1999.
    (D) Table of Unit Allocations.
    (E) Letter from the Commonwealth of Massachusetts, Executive Office 
of Environmental Affairs, Department of Environmental Protection dated 
April 10, 2002.
    (F) The SIP narrative ``Technical Support Document for Public 
Hearings on Revisions to the State Implementation Plan for Ozone for 
Massachusetts, Amendments to Statewide Projected Inventory for Nitrogen 
Oxides,'' dated March 2002.

[[Page 94]]

    (125)-(126) [Reserved]
    (127) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on July 15, 1994 
and April 14, 1995.
    (i) Incorporation by reference.
    (A) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, 
``Emission Offsets and Nonattainment Review,'' effective July 1, 1994.
    (B) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, 
``Emission Offsets and Nonattainment Review'' paragraph (3)(g) effective 
July 1, 1994.
    (ii) Additional materials.
    (A) Letters from the Massachusetts Department of Environmental 
Protection dated July 15, 1994 and March 29, 1995 submitting revisions 
to the Massachusetts State Implementation Plan.
    (128) [Reserved]
    (129) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on February 17, 
1993, April 16, 1999, and October 7, 1999.
    (i) Incorporation by reference.
    (A) 310 CMR 7.18(17) ``Reasonable Available Control Technology,'' as 
it applies to the eastern Massachusetts ozone nonattainment area, 
effective in the Commonwealth of Massachusetts on February 12, 1993.
    (B) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to the Gillette Company Andover Manufacturing 
Plant on June 17, 1999.
    (C) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to Norton Company on August 5, 1999 and letter 
from the Massachusetts Department of Environmental Protection, dated 
October 7, 1999, identifying the effective date of this plan approval.
    (D) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to Rex Finishing Incorporated on May 10, 1991 
and letter from the Massachusetts Department of Environmental 
Protection, dated April 16, 1999, identifying the effective date of this 
plan approval.
    (E) Plan Approval issued by the Massachusetts Department of 
Environmental Protection to Barnet Corporation on May 14, 1991.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection, dated April 16, 1999, submitting negative declarations for 
certain VOC source categories.
    (B) Letter from the Massachusetts Department of Environmental 
Protection, dated July 24, 2002, discussing wood furniture manufacturing 
and aerospace coating requirements in Massachusetts.
    (C) 310 CMR 7.02 BACT plan approvals issued by the Massachusetts 
Department of Environmental Protection to Solutia, Saloom Furniture, 
Eureka Manufacturing, Moduform, Polaroid, and Globe.
    (130) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on December 8, 2000 
and December 26, 2000.
    (i) Incorporation by reference.
    (A) Massachusetts State Regulation 310 CMR 7.30 ``Massport/Logan 
Airport Parking Freeze,'' effective in the Commonwealth of Massachusetts 
on December 22, 2000.
    (B) Massachusetts State Regulation 310 CMR 7.31 ``City of Boston/
East Boston Parking Freeze,'' effective in the Commonwealth of 
Massachusetts on December 22, 2000.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated December 8, 2000 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated December 26, 2000 submitting the final state certified 
copies of State regulations 310 CMR 7.30 ``Massport/Logan Airport 
Parking Freeze'' and 310 CMR 7.31 ``City of Boston/East Boston Parking 
Freeze.''
    (131) [Reserved]
    (132) Revisions to the State Implementation Plan regarding the Low 
Emission Vehicle Program submitted by the Massachusetts Department of 
Environmental Protection on August 9 and August 26, 2002.
    (i) Incorporation by reference.

[[Page 95]]

    (A) Letter from the Massachusetts Department of Environmental 
Protection dated August 9, 2002, in which it submitted the Low Emission 
Vehicle Program adopted on December 24, 1999.
    (B) Letter from the Massachusetts Department of Environmental 
Protection dated August 26, 2002 which clarified the August 9, 2002 
submittal to exclude certain sections of the Low Emission Vehicle 
Program from consideration.
    (C) December 24, 1999 version of 310 CMR 7.40, the ``Low Emission 
Vehicle Program'' except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6, 
310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12).

[37 FR 10871, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1120, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1121  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Boston Intrastate............................           I          I       III         I          I
Merrimack Valley-Southern New Hampshire Interstate........           I          I       III       III        III
Metropolitan Providence Interstate........................           I          I       III       III        III
Central Massachusetts Intrastate..........................           I         II       III       III        III
Hartford-New Haven-Springfield Interstate.................           I          I       III         I          I
Berkshire Intrastate......................................          II        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 61303, Sept. 16, 1980]



Sec. 52.1122  [Reserved]



Sec. 52.1123  Approval status.

    (a) With the exceptions set forth in this subpart the Administrator 
approves the Massachusetts plan as identified in Sec. 52.1120 for 
attainment and maintenance of the national standards under section 110 
of the Clean Air Act. Furthermore, the Administrator finds that the plan 
identified in Sec. 52.1120 satisfies all requirements of Part D, Title 
I of the Clean Air Act as amended in 1977, except as noted below. In 
addition, continued satisfaction of the requirements of Part D of the 
ozone portion of the SIP depends on the adoption and submittal of RACT 
requirements by July 1, 1980 for the sources covered by CTGs issued 
between January 1978 and January 1979 and adoption and submittal by each 
subsequent January of additional RACT requirements for sourceovered by 
CTGs issued by the previous January.
    (b) The above requirements for continued satisfaction of Part D are 
fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative 
commitment to review CTG IIIs issued in the future. Both were submitted 
on September 9, 1982. Additionally, each individual RACT determination 
made under 310 CMR 7.18(17) will be submitted as a SIP revision to 
incorporate the limitation into the SIP, and DEQE will propose 
regulations for CTG III category controls if the controls are 
appropriate for the State.

[45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983]



Sec. 52.1124  Review of new sources and modifications.

    (a) Revisions to Regulation 310 CMR 7.02(2)(d) submitted on March 
30, 1979 are disapproved because they do not satisfy the requirements of 
Sec. 51.161.

[39 FR 7281, Feb. 25, 1974, as amended at 40 FR 47495, Oct. 9, 1975; 45 
FR 2043, Jan. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29, 
1995]



Sec. 52.1125  Emission inventories.

    (a) The Governor's designee for the Commonwealth of Massachusetts 
submitted the 1990 base year emission inventories for the Springfield 
nonattainment area and the Massachusetts portion of the Boston-Lawrence-
Worcester

[[Page 96]]

ozone nonattainment area on November 13, 1992 as a revision to the State 
Implementation Plan (SIP). Revisions to the inventories were submitted 
on November 15, 1993, and November 15, 1994, and March 31, 1997. The 
1990 base year emission inventory requirement of section 182(a)(1) of 
the Clean Air Act, as amended in 1990, has been satisfied for these 
areas.
    (b) The inventories are for the ozone precursors which are volatile 
organic compounds, nitrogen oxides, and carbon monoxide. The inventories 
covers point, area, non-road mobile, on-road mobile, and biogenic 
sources.
    (c) Taken together, the Springfield nonattainment area and the 
Massachusetts portion of the Boston-Lawrence-Worcester nonattainment 
area encompass the entire geographic area of the State. Both areas are 
classified as serious ozone nonattainment areas.

[62 FR 37514, July 14, 1997]



Sec. 52.1126  Control strategy: Sulfur oxides.

    (a) The revisions to the control strategy resulting from the 
modification to the emission limitations applicable to the sources 
listed below or resulting from the change in the compliance date for 
such sources with the applicable emission limitation is hereby approved. 
All regulations cited are air pollution control regulations of the 
State, unless otherwise noted. (See Sec. 52.1125 for compliance 
schedule approvals and disapprovals pertaining to one or more of the 
sources listed below.)

----------------------------------------------------------------------------------------------------------------
                                                                         Regulation
                  Source                             Location             involved         Date of adoption
----------------------------------------------------------------------------------------------------------------
Deerfield Specialty Papers, Inc..........  Monroe Bridge...............      5.1.2   Oct. 17, 1972.
Hollingsworth & Vose Co..................  East Walpole................      5.1.2   June 29, 1972.
Pepperell Paper Co.......................  Pepperell...................      5.1.2   Nov. 29, 1972.
Stevens Paper Mills, Inc.................  Westfield and South Hadley..      5.1.2   July 27, 1972.
Tileston and Hollingsworth Co............  Hyde Park...................      5.1.1   Nov. 21, 1972.
All sources in Berkshire APCD............  ............................      5.1.2    Do.
----------------------------------------------------------------------------------------------------------------

    (b)(1) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Pioneer Valley Air Pollution Control District, which allows 
a relaxation of sulfur in fuel limitations under certain conditions, is 
approved for the following sources. All other sources remain subject to 
the previously approved requirements of Regulation 7.05(1) which 
stipulate that sources are required to burn residual fuel oil having a 
sulfur content not in excess of 0.55 pounds per million Btu heat release 
potential (approximately equivalent to 1 percent sulfur content.)

Deerfield Specialty Paper Company, Monroe Bridge; Amherst College, 
Amherst; Brown Company, Holyoke; Monsanto Polymer and Petrochemical 
Company, Building 21, Springfield; Monsanto Polymer and Petrochemical 
Company, Building 49, Springfield; Mount Holyoke College, South Hadley; 
Uniroyal Tire Inc., Chicopee; Smith College, Northampton; West 
Springfield Generating Station, Western Massachusetts Electric, West 
Springfield.

                           Pioneer Valley APCD

Belchertown State School, Belchertown
James River Graphics (formerly Scott Graphics), south Hadley 
(conditioned upon operation of the boilers on only one of the two stacks 
at any given time, and operation being so restricted in the source's 
operating permit granted by the Massachusetts Department of 
Environmental Quality Engineering.)
Massachusetts Mutual Life Insurance Company, Springfield.
Northampton State Hospital, Northampton.
Springfield Technical Community College, Springfield.
Stanley Home Products, Easthampton.
Stevens Elastomeric Industries, Easthampton.
Ware Industries, Ware.
Westfield State College, Westfield.
Westover Air Force Base (Building 1411), Chicopee.
University of Massachusetts, Amherst.
Mount Tom Generating Station, Holyoke.

    (2) Massachusetts Regulation 310 CMR 7.05(1)(e)(3) for Pioneer 
Valley, as submitted on March 2, 1979, and May 5, 1981, which allows 
sources in Hampshire and Franklin Counties rated at less than 100 
million Btu per hour heat input capacity to burn fuel oil having a 
sulfur content of not more than 1.21 pounds per million Btu heat release 
potential (approximately equivalent to

[[Page 97]]

2.2% sulfur content) is approved for all such sources with the exception 
of:

Strathmore Paper Co., Montague.

    (c) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) which allows a relaxation of sulfur in fuel limitations for the 
Central Massachusetts Air Pollution Control District, except in the City 
of Worcester, is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that sources are required to burn residual fuel 
oil having a sulfur content not in excess of 0.55 pounds per million BTU 
heat release potential (approximately equivalent to 1 percent sulfur 
content fuel oil).

American Optical Company, Southbridge, Wyman Gordon Company, Grafton, 
James River--Massachusetts Inc., Fitchburg, Fitchburg Paper Company, 
Fitchburg (only boilers which emit through the 55 meter stack).

                       Central Massachusetts APCD

Borden, Inc., Chemical Division, Leominster (conditioned upon first 
completing construction of new stack and certification of completion to 
the EPA by the Massachusetts Department of Environmental Quality 
Engineering.).
Gardner State Hospital, Gardner.
Grafton State Hospital, Grafton.
Haywood-Shuster Woolen, E. Douglas.
Cranston Prints Works, Webster.
Baldwinville products, Templeton--(conditioned upon first completing 
construction of new stack, and certification of completion to the EPA by 
the Massachusetts Department of Environmental Quality Engineering.).

    (d) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Southeastern Massachusetts Air Pollution Control District, 
which allows a relaxation of sulfur in fuel limitations under certain 
conditions is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that sources are required to burn residual fuel 
oil having a sulfur content not in excess of 0.55 pounds per million Btu 
heat release potential (approximately equivalent to 1 percent sulfur 
content.)

New England Power Company, Brayton Point Station, Somerset; Montaup 
Electric Company, Somerset Station, Somerset (limited to 75% capacity 
while burning higher sulfur fuels.) Canal Electric Company, Sandwich; 
Taunton Municipal Lighting Plant, Somerset Avenue, Taunton.

                     Southeastern Massachusetts APCD

L&O Realty Trust, Taunton.
New Bedford Gas and Electric, New Bedford.
Texas Instruments, Attleboro.
Arkwright Finishing Incorporated, Fall River.
Foster Forbes Glass Company, Milford.
Owens Illinois Inc., Mansfield.
Harodite Finishing Corporation, Dighton--(conditioned upon prior removal 
of rain-caps from stack, and certification of completion to the EPA by 
the Massachusetts Department of Environmental Quality Engineering.)
Polaroid Corporation, New Bedford.

    (e) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Merrimack Valley Air Pollution Control District, excluding 
the City of Lawrence and the towns of Andover, Methuen, and North 
Andover, which allows a relaxation of sulfur in fuel limitations under 
certain conditions, is approved for the following sources. All other 
sources remain subject to the previously approved requirements of 
Regulation 7.05(1) which stipulates that sources are required to burn 
residual fuel oil having a sulfur content not in excess of 0.55 pounds 
per million Btu heat release potential (approximately equivalent to 1 
percent sulfur content).

Hollingsworth and Vose, West Groton; James River Paper, Pepperell; 
Haverhill Paperboard Corp., Haverhill. Residual oil burning facilities 
less than 100 million Btu's per hour heat input capacity, except in the 
City of Lawrence, and Towns of Andover, Methuen, and North Andover.

    (f) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 
5.1) for the Metropolitan Boston Air Pollution Control District, which 
allows a relaxation of sulfur in fuel limitations under certain 
conditions, is approved for the following sources. All other sources 
remain subject to the previously approved requirements of Regulation 
7.05(1) which stipulate that sources in Arlington, Belmont, Boston, 
Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Newton, 
Somerville, Waltham, and Watertown (the Boston Core Area) are limited to 
burn

[[Page 98]]

fuel with a sulfur content not in excess of 0.28 pounds per million Btu 
heat release potential (approximately 0.5% sulfur content residual oil; 
sources in the remaining APCD are limited to burn fuel with a sulfur 
content not in excess of 0.55 pounds per million Btu heat release 
potential (approximately 1% sulfur content residual oil).

                        Metropolitan Boston APCD

General Motors, Framingham.
Polaroid Corporation, Norwood.
Bird and Son, East Walpole.
Massachusetts Correctional Institute, South Walpole.
Bridgewater State College, Bridgewater.
Hanscom Field, Bedford.
Wellesley College, Wellesley.
National Tanning and Trading, Peabody.
General Tire, Reading.
General Food Corporation, Atlantic Gelatin, Woburn.
Massachusetts Correctional Institute, Bridge water.
W. R. Grace, Acton.
Massachusetts Correctional Institute, Concord.
Danvers State Hospital, Danvers.
New England Power Company, Salem Harbor Station, Salem; Boston Edison, L 
Street, New Boston Station, Boston; Boston Edison, Mystic Station, 
Everett; Ventron Corporation, Danvers; General Electric, Lynn River 
Works, Lynn; U.S.M. Corporation, Beverly; Medfield State Hospital, 
Medfield; General Dynamics, Quincy; Hollingsworth and Vose, East 
Walpole; Kendal Company, Walpole; Dennison Manufacturing Company, 
Framingham.
Procter and Gamble Company, Quincy.
Natick Paperboard Corporation, Natick.

[38 FR 9089, Apr. 10, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1126, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1127  Attainment dates for national standards.

    The following table presents the latest dates by which the national 
standards are to be attained. The table reflects the new information 
presented in the approved Massachusetts plan.

------------------------------------------------------------------------
                                               Pollutant
                              ------------------------------------------
  Air quality control region           SO 2
                              ----------------------  PM    NO   CO  O 3
                                Primary   Secondary   10    2
------------------------------------------------------------------------
AQCR 42: Hartford-New Haven-   (a)       (b)         (a)   (a)  (a)  (c)
 Springfield Interstate Area
 (See 40 CFR 81.26).
AQCR 117: Berkshire Intrastat  (a)       (b)         (a)   (a)  (a)  (c)
 Area (See 40 CFR 81.141).
AQCR 118: Central Mass         (a)       (b)         (a)   (a)  (a)  (d)
 Intrastate Area (See 4r0 CFR
 81.142).
AQCR 119: Metropolitan Boston  (a)       (b)         (a)   (a)  (a)  (d)
 Intrastate Area (See 40 CFR
 81.19).
AQCR 120: Metropolitan         (a)       (b)         (a)   (a)  (a)  (d)
 Providence Interstate Area
 (See 40 CFR 81.31).
AQCR 121: Merrimack Valley-    (a)       (b)         (a)   (a)  (a)  (d)
 Southern NH Interstate Area
 (See 40 CFR 81.81).
------------------------------------------------------------------------
a. Air quality presently below primary standards or area is
  unclassifiabale.
b. Air quality levels presently secondary standatrds or area is
  unclassifiable.
c. December 31, 2003.
d. November 15, 2007.


[45 FR 61303, Sept. 16, 1980 as amended at 46 FR 33524, June 30, 1981; 
66 FR 693, Jan. 3, 2001; 67 FR 7278, Feb. 19, 2002; 67 FR 72579, Dec. 6, 
2002]



Sec. 52.1128  Transportation and land use controls.

    (a) For purposes of this subpart, the definitions herein are 
applicable.
    (b) Definitions:
    (1) Register as applied to a motor vehicle, means the licensing of 
such motor vehicle for general operation on public roads or highways by 
the appropriate agency of the Federal Government or by the Commonwealth.
    (2) Boston Intrastate Region means the Metropolitan Boston 
Intrastate Air Quality Control Region, as defined in Sec. 81.19 of this 
part.
    (3) [Reserved]
    (4) Freeze area means that portion of the Boston Intrastate Region 
enclosed within the following boundaries:
    The City of Cambridge; that portion of the City of Boston from the 
Charles

[[Page 99]]

River and the Boston Inner Harbor on north and northeast of pier 4 on 
Northern Avenue; by the east side of pier 4 to B Street, B Street 
extension of B Street to B Street, B Street, Dorchester Avenue, and the 
Preble Street to Old Colony Avenue, then east to the water, then by the 
water's edge around Columbia Point on various courses generally 
easterly, southerly, and westerly to the center of the bridge on 
Morrissey Boulevard, on the east and southeast; then due west to 
Freeport Street, Freeport Street, Dorchester Avenue, Southeast 
Expressway, Southampton Street, Reading Street, Island Street, Chadwick 
Street, Carlow Street, Albany Street, Hunneman Street, Madison Street, 
Windsor Street, Cabot Street, Ruggles Street, Parker Street, Ward 
Street, Huntington Avenue, Brookline-Boston municipal boundary, 
Mountford Street to the Boston University Bridge on the southwest and 
west; and the Logan International Airport. Where a street or roadway 
forms a boundary the entire right-of-way of the street is within the 
freeze area as defined.
    (5) Boston proper means that portion of the City of Boston, 
Massachusetts, contained within the following boundaries: The Charles 
River and Boston Inner Harbor on the northwest, north, and northeast, 
the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the 
Massachusetts Avenue Expressway access branch on the east and southeast, 
and Massachusetts Avenue on the west. Where a street or roadway forms a 
boundary, the entire right-of-way of the street is within the Boston 
proper area as here defined.
    (6) Regional Administrator means the Administrator of Region I of 
the U.S. Environmental Protection Agency.
    (7) Governor means the Governor of the Commonwealth or the head of 
such executive office of the Commonwealth as the Governor shall 
designate as responsible for carrying out specific provisions of this 
subpart.
    (8) Commonwealth means the Commonwealth of Massachusetts.

[40 FR 25161, June 12, 1975]



Sec. 52.1129  Control strategy: Ozone.

    (a) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on April 1, 1999, 
and supplemented on June 25, 1999 and September 9, 1999. The revisions 
are for the purpose of satisfying the rate of progress requirements of 
sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the 
Springfield, Massachusetts serious ozone nonattainment area.
    (b) Approval--Revisions to the State Implementation Plan submitted 
by the Massachusetts Department of Environmental Protection on July 27, 
1998, October 1, 1998 and August 13, 1999. The revisions are for the 
purpose of satisfying the attainment demonstration requirements of 
section 182(c)(2)(A) of the Clean Air Act, for the Springfield (Western 
Massachusetts) serious ozone nonattainment area. The revision 
establishes an attainment date of December 31, 2003 for the Springfield, 
Massachusetts serious ozone nonattainment area. This revision 
establishes motor vehicle emissions budgets for 2003 of 23.77 tons per 
day of volatile organic compounds (VOC) and 49.11 tons per day of 
nitrogen oxides ( NOX) to be used in transportation 
conformity in the Springfield, Massachusetts serious ozone nonattainment 
area.
    (c) Revisions to the State Implementation Plan submitted by the 
Massachusetts Department of Environmental Protection on April 10, 2002 
and amended on July 26, 2002. The revisions are for the purpose of 
satisfying the rate of progress requirements of sections 182(b)(1) and 
182(c)(2)(B) of the Clean Air Act for the Massachusetts portion of the 
Boston-Lawrence-Worcester serious ozone nonattainment area.
    (d) Approval--Revisions to the State Implementation Plan submitted 
by the Massachusetts Department of Environmental protection on July 27, 
1998, and September 6, 2002. The revisions are for the purpose of 
satisfying the one-hour ozone attainment demonstration requirements of 
section 182(c)92)(A) pof the Clean Air Act, for the Boston-Lawrence-
Worcester, MA-NH serious ozone nonattiainment area. The revision 
establishes a one-hour attainment date of November 15, 2007l, for the 
Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This 
revision establishes motor vehicle emissions budgets for 2007 of 86.7 
tons per

[[Page 100]]

day of volatile organic compounds and 226.363 tons per day of nitrogen 
oxides to be used in transportation conformity in the Massachusets 
portion of the Boston-Lawrence-Worcester, MA-NH serious ozone 
nonattainment area.

[65 FR 68898, Nov. 15, 2000, as amended at 66 FR 693, Jan. 3, 2001; 67 
FR 55125, Aug. 28, 2002; 67 FR 72579, Dec. 6, 2002]



Sec. 52.1130  [Reserved]



Sec. 52.1131  Control strategy: Particulate matter.

    (a) Revisions to the following regulations submitted on March 30, 
1979 are disapproved:
    (1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than 
250 million Btu/hr input burning solid fuel.
    (2) Regulation 310 CMR 7.02(9), Table 5.

[45 FR 2044, Jan. 10, 1980]



Sec. 52.1132  Control strategy: Carbon Monoxide.

    (a) Approval--On November 13, 1992, the Massachusetts Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1990 base year emission inventory. The 
inventory was submitted by the State of Massachusetts to satisfy Federal 
requirements under section 182(a)(1) of the Clean Air Act as amended in 
1990, as a revision to the carbon monoxide State Implementation Plan.
    (b) Approval--On December 12, 1994, the Massachusetts Department of 
Environmental Protection submitted a request to redesignate the Boston 
Area carbon monoxide nonattainment area to attainment for carbon 
monoxide. As part of the redesignation request, the State submitted a 
maintenance plan as required by 175A of the Clean Air Act, as amended in 
1990. Elements of the section 175A maintenance plan include a base year 
(1993 attainment year) emission inventory for carbon monoxide, a 
demonstration of maintenance of the carbon monoxide NAAQS with projected 
emission inventories to the year 2010 for carbon monoxide, a plan to 
verify continued attainment, a contingency plan, and an obligation to 
submit a subsequent maintenance plan revision in 8 years as required by 
the Clean Air Act. If the area records a violation of the carbon 
monoxide NAAQS (which must be confirmed by the State), Massachusetts 
will implement one or more appropriate contingency measure(s) which are 
contained in the contingency plan. The menu of contingency measures 
includes an enhanced motor vehicle inspection and maintenance program 
and implementation of the oxygenated fuels program. The redesignation 
request and maintenance plan meet the redesignation requirements in 
sections 107(d)(3)(E) and 175A of the Act as amended in 1990, 
respectively. The redesignation meets the Federal requirements of 
section 182(a)(1) of the Clean Air Act as a revision to the 
Massachusetts Carbon Monoxide State Implementation Plan for the above 
mentioned area.
    (c) Approval--On May 25, 2001, the Massachusetts Department of 
Environmental Protection submitted a revision to the carbon monoxide 
State Implementation Plan for the 1996 base year emission inventory. The 
inventory was submitted by the State of Massachusetts to satisfy Federal 
requirements under section 172(c) of the Clean Air Act as amended in 
1990, as a revision to the carbon monoxide State Implementation Plan.
    (d) Approval--On May 25, 2001, the Massachusetts Department of 
Environmental Protection (MADEP) submitted a request to redesignate the 
cities of Lowell, Springfield, Waltham, and Worcester from nonattainment 
area to attainment for carbon monoxide. As part of the redesignation 
request, the State submitted a maintenance plan as required by 175A of 
the Clean Air Act, as amended in 1990. Elements of the section 175A 
maintenance plan include a 1996 emission inventory for carbon monoxide, 
a demonstration of maintenance of the carbon monoxide NAAQS with 
projected emission inventories to the year 2012 for carbon monoxide, a 
plan to verify continued attainment, a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If an area records an exceedance or 
violation of the carbon monoxide NAAQS (which must be confirmed by the 
MADEP), Massachusetts

[[Page 101]]

will implement one or more appropriate contingency measure(s) which are 
contained in the contingency plan. The redesignation request and 
maintenance plan meet the redesignation requirements in sections 
107(d)(3)(E) and 175A of the Act as amended in 1990, respectively.

[61 FR 2923, Jan. 30, 1996, as amended at 67 FR 7278, Feb. 19, 2002]



Sec. 52.1133  [Reserved]



Sec. 52.1134  Regulation limiting on-street parking by commuters.

    (a) On-street parking means parking a motor vehicle on any street, 
highway, or roadway, except for legal stops within designated loading 
zones or areas defined for loading purposes, at or before intersections, 
as caution, safety and emergencies require, whether or not a person 
remains in the vehicle.
    (b) Commencing on or before June 30, 1974, the Commonwealth, the 
City of Boston, the City of Cambridge, and administrative bodies of any 
of them having jurisdiction over any streets, highways, or roadways 
within the City of Cambridge or Boston proper, and the principal 
officials and administrative bodies thereof having responsibility over 
parking on such streets, highways, or roadways, shall adopt all 
necessary administrative and enforcement procedures and regulations to 
effect a prohibition of on-street parking within Boston proper between 
the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge 
between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and 
legal holidays. The regulations shall state that violation of the 
prohibition shall be punishable by a fine of not less than $15. The City 
of Boston shall at a minimum eliminate 50 percent of on-street parking 
during the hours specified by January 1, 1976; 66\2/3\ percent by 
September 1, 1976; and 100 percent by March 1, 1977. The City of 
Cambridge shall at a minimum eliminate 33\1/3\ percent of on-street 
parking during the hours specified by September 30, 1974; 66\2/3\ 
percent by July 1, 1975; and 100 percent by March 1, 1977. Any other 
affected entity shall at a minimum eliminate 33\1/3\ percent of such 
parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 66\2/
3\ percent by September 1, 1976, and 100 percent by March 1, 1977.
    (c) The following classes of vehicles shall be exempt from the 
requirements of this section, provided that on-street parking by such 
vehicles is in compliance with local and state regulations:
    (1) Vehicles owned by residents of that portion of Boston included 
within Boston proper that are registered in Boston and display a 
resident parking sticker for that area issued by the City of Boston;
    (2) Vehicles owned by residents of Cambridge that are registered in 
and parked within Cambridge and display an appropriate parking sticker 
issued by the City of Cambridge;
    (3) Vehicles owned and operated by handicapped persons with HP 
license plates; and
    (4) Vehicles registered as ``commercial vehicles'' by the 
Commonwealth and displaying appropriate license plates.
    (d) On or before June 30, 1974, no owner or operator of a motor 
vehicle shall park, or permit the on-street parking of, said vehicle 
within Cambridge or Boston proper except in conformity with the 
provisions of this section and the measures implementing it.
    (e) The Governor and the chief executive of any other governmental 
entity on which obligations are imposed by paragraph (b) of this section 
should, on or before April 15, 1974, submit to the Regional 
Administrator for his approval a detailed statement of the legal and 
administrative steps selected to effect the prohibition provided for in 
paragraphs (b) and (d) of this section, and a schedule of implementation 
consistent with the requirements of this section. Such schedule shall 
include as a minimum the following:
    (1) Designation of one or more agencies responsible for the 
administration and enforcement of the program;
    (2) The procedures by which the designated agency will enforce the 
prohibition provided for in paragraphs (b) and (d) of this section;
    (3) The procedures by which vehicles exempt from the requirements of 
this section will be marked; and
    (4) A map showing which streets will be subject to the ban according 
to the schedule of implementation.

[[Page 102]]

    (f) Upon a finding that substantial hardship would otherwise be 
experienced by employees of employment facilities located in Cambridge, 
the Director of Traffic and Parking of the City of Cambridge may issue 
special parking stickers to such employees which shall entitle vehicles 
to park during the hours of the ban. Such stickers shall be valid only 
for those streets and areas of streets clearly identified on the face of 
such stickers, shall be issued with preference being given to carpools 
and vanpools and shall be subject to immediate revocation if the vehicle 
is cited for a parking violation on a street or area other than those 
designated. A list of all persons receiving such stickers shall be sent 
to the Regional Administrator on or before July 1 of each year.
    (g) The ban shall not apply to any street space which is subject to 
metered parking with a maximum allowable time limit of one hour.

[40 FR 25162, June 12, 1975]



Sec. 52.1135  Regulation for parking freeze.

    (a) Definitions:
    (1) The phrase to commence construction means to engage in a 
continuous program of on-site construction including site clearance, 
grading, dredging, or land filling specifically designed for a parking 
facility in preparation for the fabrication, erection, or installation 
of the building components of the facility. For the purpose of this 
paragraph, interruptions resulting from acts of God, strikes, 
litigation, or other matters beyond the control of the owner shall be 
disregarded in determining whether a construction or modification 
program is continuous.
    (2) The phrase to commence modification means to engage in a 
continuous program of on-site modification including site clearance, 
grading, dredging, or land filling in preparation for a specific 
modification of the parking facility.
    (3) The phrase commercial parking space means a space used for 
parking a vehicle in a commercial parking facility.
    (4) [Reserved]
    (5) Commercial parking facility (also called facility) means any 
lot, garage, building or structure, or combination or portion thereof, 
on or in which motor vehicles are temporarily parked for a fee, 
excluding (i) a parking facility, the use of which is limited 
exclusively to residents (and guests of residents) of a residential 
building or group of buildings under common control, and (ii) parking on 
public streets.
    (6) Freeze means to maintain at all times after October 15, 1973, 
the total quantity of commercial parking spaces available for use at the 
same amounts as were available for use prior to said date; Provided, 
That such quantity may be increased by spaces the construction of which 
commenced prior to October 15, 1973, or as specifically permitted by 
paragraphs (n), (p) and (q) of this section; provided further that such 
additional spaces do not result in an increase of more than 10 percent 
in the total commercial parking spaces available for use on October 15, 
1973, in any municipality within the freeze area or at Logan 
International Airport (``Logan Airport''). For purposes of the last 
clause of the previous sentence, the 10 percent limit shall apply to 
each municipality and Logan Airport separately.
    (b) [Reserved]
    (c) There is hereby established a freeze, as defined by paragraph 
(a)(6) of this section, on the availability of commercial parking 
facilities in the freeze area effective October 15, 1973. In the event 
construction in any municipality, commenced prior to October 15, 1973, 
results in a number of spaces which exceeds the 10 percent limit 
prescribed by paragraph (a)(6) of this section, then the Governor shall 
immediately take all necessary steps to assure that the available 
commercial spaces within such municipality shall be reduced to comply 
with the freeze. In the event that such limit is exceeded at Logan 
Airport, then the provisions of paragraph (m) of this section shall 
apply.
    (d) [Reserved]
    (e) After August 15, 1973, no person shall commence construction of 
any commercial parking facility or modification of any such existing 
facility in the freeze area unless and until he has obtained from the 
Governor or from an agency approved by the Governor a

[[Page 103]]

permit stating that construction or modification of such facility will 
be in compliance with the parking freeze established by paragraph (c) of 
this section. This paragraph shall not apply to any proposed parking 
facility for which a general construction contract was finally executed 
by all appropriate parties on or before August 15, 1973.
    (f) The Governor shall notify the Regional Administrator in writing 
within 10 days of approval of any agency pursuant to paragraph (e) of 
this section. In order for any agency to be approved by the Governor for 
purposes of issuing permits pursuant to paragraph (e) of this section, 
such agency shall demonstrate to the satisfaction of the Governor that:
    (1) Requirements for permit application and issuance have been 
established. Such requirements shall include but not be limited to a 
condition that before a permit may be issued the following findings of 
fact or factually supported projections must be made:
    (i) The location of the facility; and
    (ii) The total motor vehicle capacity before and after the proposed 
cons[hairsp]t[hairsp]r[hairsp]u[hairsp]c[hairsp]t[hairsp]i[hairsp]o[hairs
p]n o[hairsp]r 
m[hairsp]o[hairsp]d[hairsp]i[hairsp]f[hairsp]i[hairsp]c[hairsp]a[hairsp]t
[hairsp]i[hairsp]o[hairsp]n o[hairsp]f t[hairsp]h[hairsp]e facility.
    (2) Criteria for issuance of permits have been established and 
published. Such criteria shall include, but not be limited to:
    (i) Full consideration of all facts contained in the application.
    (ii) Provisions that no permit will be issued if construction or 
modification of the facility will not comply with the requirements of 
paragraph (c) of this section.
    (3) Agency procedures provide that no permit for the construction or 
modification of a facility covered by this section shall be issued 
without notice and opportunity for public hearing. The public hearing 
may be of a legislative type; the notice shall conform to the 
requirements of 40 CFR 51.4(b); and the agency rules or procedures may 
provide that if no notice of intent to participate in the hearing is 
received from any member of the public (other than the applicant) prior 
to 7 days before the scheduled hearing date, no hearing need be held. If 
notice of intent to participate is required, the fact shall be noted 
prominently in the required hearing notice.
    (g)-(l) [Reserved]
    (m) On or before January 30, 1975, the Massachusetts Port Authority 
(``Massport'') shall prepare and submit to the Governor for his approval 
a plan showing the manner in which the number of commercial parking 
spaces at Logan Airport which exceeds the number of such spaces 
permitted under the freeze shall be removed from use. The Governor shall 
approve such plan if he determines that (1) implementation of such plan 
would result in reducing the aggregate number of commercial parking 
spaces to the level of such spaces permitted by this section, (2) 
Massport has adequate legal authority to implement such plan and (3) 
adequate commitments have been made by Massport to assure the Governor 
that such plan will be fully implemented and maintained on and after May 
1, 1976. In the event that the Governor does not approve such plan by 
April 1, 1976, then the owner or operator of each commercial parking 
facility located at Logan Airport shall, on or before July 1, 1976, 
reduce the number of commercial parking spaces available for use at each 
such facility by an amount which bears the same proportion to the number 
of spaces exceeding the limit imposed by this section as the number of 
spaces available at such facility bears the total number of such spaces 
which were available for use at Logan Airport on April 1, 1976.
    (n) Where an agency approved by the Governor under paragraph (e) of 
this section to issue permits for new construction in the City of 
Cambridge demonstrates to the satisfaction of the Governor that (1) 
specific on-street parking spaces in use as of October 15, 1973, were 
being legally and regularly used as of such date for parking by 
commuters (as that term is defined in Sec. 52.1161(a)(6)) who are not 
residents of Cambridge and that (2) effective measures have been 
implemented (including adequate enforcement) to prevent such spaces from 
being used by such commuters, then such approved agency may issue 
permits for construction of additional new commercial parking spaces 
equal to one-half of the number of spaces removed from regular use by

[[Page 104]]

such commuters and the total quantity of commercial parking spaces 
allowable in Cambridge under this section shall be raised accordingly.
    (o) On or before July 31, 1976, and on or before each succeeding 
July 31, the Governor and the chief executive officer of any agency 
approved by the Governor under paragraph (e) of this section shall 
submit a report to the Regional Administrator setting forth:
    (1) The names and addresses of all persons who received permits 
during the previous twelve-month period ending June 30 and number of 
spaces allocated to each such person;
    (2) The number of commercial parking spaces available for use as of 
the June 30 prior to the date of the report;
    (3) The number of commercial parking spaces which remain available 
for allocation by the Governor or such agency as of the June 30 prior to 
the date of the report, including those spaces made available because of 
retirement of existing commercial parking spaces as well as those spaces 
made available because of the effects of paragraphs (n), (p) and (q) of 
this section; and
    (4) The location and capacity of any park-and-ride facility 
designated under paragraph (p) of this section.
    (p) The Governor and any approved agency may issue a permit to 
construct a commercial parking facility which is designated by the 
Governor as a park-and-ride facility to be operated in conjunction with 
mass transit service without regard to the limitations on number of 
spaces imposed by this section.
    (q) Where an agency approved by the Governor can demonstrate to the 
satisfaction of the Governor that there have been physically eliminated 
through permanent modification or demolition any legal on-street parking 
spaces within a municipality then such agency may issue permits for 
construction within that municipality of additional new commercial 
parking spaces equal to the number of spaces thus eliminated and the 
total quantity of commercial parking spaces allowable for such 
municipality under this section shall be increased accordingly.
    (r) The provisions of this regulation shall cease to be effective as 
to that portion of the freeze area lying within the City of Boston and 
not included within Boston proper or Logan Airport at such time as the 
City of Boston implements a program, approved by the Governor, which 
shall include effective measures to control the construction of 
additional commercial parking spaces within that area, including 
procedures for issuance of conditional use permits under applicable 
zoning regulations and for assuring compliance with all air quality 
requirements under state and Federal law.

[40 FR 25162, June 12, 1975, as amended at 40 FR 39863, Aug. 29, 1975]



Sec. Sec. 52.1136-52.1144  [Reserved]



Sec. 52.1145  Regulation on organic solvent use.

    (a) Definitions:
    (1) Organic solvents include diluents and thinners and are defined 
as organic materials which are liquids at standard conditions and which 
are used as dissolvers, viscosity reducers, or cleaning agents, except 
that such materials which exhibit a boiling point higher than 220 
[deg]F. at 0.5 millimeters of mercury absolute pressure or having an 
equivalent vapor pressure shall not be considered to be solvents unless 
exposed to temperatures exceeding 220 [deg]F.
    (2) Solvent of high photochemical reactivity means any solvent with 
an aggregate of more than 20 percent of its total volume composed of the 
chemical compounds classified below or which exceeds any of the 
following individual percentage composition limitations in reference to 
the total volume of solvent:
    (i) A combination of hydrocarbons, alcohols, aldehydes, esters, 
ethers, or ketones having an olefinic or cy cloole finic type of 
unsaturation: 5 percent;
    (ii) A combination of aromatic compounds with eight or more carbon 
atoms to the molecule except ethyl ben zene: 8 percent;
    (iii) A combination of ethylbenzene, ketones having branched 
hydrocarbon structures, trichloroethylene or toluene: 20 percent. 
Whenever any organic solvent or any constituent of an organic solvent 
may be classified from its chemical structure into more than

[[Page 105]]

one of the above groups of organic compounds, it shall be considered as 
a member of the most reactive chemical group, that is, that group having 
the least allowable percentage of total volume of solvents.
    (3) Organic materials are chemical compounds of carbon excluding 
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, 
metallic carbonates, and ammonium carbonate.
    (b) This section is applicable throughout the Boston Intrastate 
Region. The requirements of this section shall be in effect in 
accordance with Sec. 52.1147.
    (c) No person shall cause, allow, suffer, or permit the discharge 
into the atmosphere of more than 15 pounds of organic materials in any 1 
day, nor more than 3 pounds of organic materials in any 1 hour, from any 
article, machine, equipment, or other contrivance, in which any organic 
solvent or any material containing organic solvent comes into contact 
with flame or is baked, heat-cured, or heat-polymerized, in the presence 
of oxygen, unless said discharge has been reduced as a result of the 
installation of abatement controls by at least 85 percent. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for proc essing a continuous web, strip, or wire 
that emit organic materials and use operations described in this section 
shall be collectively subject to compliance with this section.
    (d) No person shall cause, suffer, allow, or permit the discharge 
into the atmosphere of more than 40 pounds of organic materials in any 1 
day, nor more than 8 pounds in any 1 hour, from any article, machine, 
equipment, or other contrivance used under conditions other than 
described in paragraph (c) of this section for employing, or applying 
any solvent of high photochemical reactivity or material containing such 
photochemically reactive solvent, unless said discharge has been reduced 
as a result of the installation of abatement controls by at least 85 
percent. Emissions of organic materials into the atmosphere resulting 
from air or heated drying of products for the first 12 hours after their 
removal from any article, machine, equipment or other contrivance 
described in this section shall be included in determining compliance 
with this section. Emissions resulting from baking, heat-curing, or 
heat-polymerizing as described in paragraph (c) of this section shall be 
excluded from determination of compliance with this section. Those 
portions of any series of articles, machines, equipment, or other 
contrivances designed for proc essing a continuous web, strip, or wire 
that emit organic materials and use operations described in this section 
shall be collectively subject to compliance with this section.
    (e) Emissions of organic materials to the atmosphere from the clean-
up with a solvent of high photochemical reactivity, or any article, 
machine, equipment, or other contriv ance described in paragraph (c) or 
(d) of this section or in this paragraph, shall be included with the 
other emissions of organic materials from that article, machine, 
equipment or other contrivance for determining compliance with this 
section.
    (f) No person shall cause, suffer, allow, or permit during any one 
day disposal of a total of more than 1.5 gallons of any solvent of high 
photochemical reactivity, or of any material containing more than 1.5 
gallons of any such photochemically reactive solvent by any means that 
will permit the evaporation of such solvent into the atmosphere.
    (g) Emissions of organic materials into the atmosphere required to 
be controlled by paragraph (c) or (d) of this section shall be reduced 
by:
    (1) Incineration, provided that 90 percent or more of the carbon in 
the organic material being incinerated is converted to carbon dioxide, 
or
    (2) Adsorption, or
    (3) The use of other abatement control equipment determined by the 
Regional Administrator to be no less effective than either of the above 
methods.
    (h) A person incinerating, adsorbing, or otherwise processing 
organic materials pursuant to this section shall provide, properly 
install and maintain in calibration, in good working order, and in 
operation, devices as specified in the authority to construct, or as 
specified

[[Page 106]]

by the Regional Administrator, for indicating temperatures, pressures, 
rates of flow, or other operating conditions necessary to determine the 
degree and effectiveness of air pollution control.
    (i) Any person using organic solvents or any materials containing 
organic solvents shall supply the Regional Administrator upon request 
and in the manner and form prescribed by him, written evidence of the 
chemical composition, physical properties, and amount consumed for each 
organic solvent used.
    (j) The provisions of this rule shall not apply to:
    (1) The manufacture of organic solvents, or the transport or storage 
of organic solvents or materials containing organic solvents.
    (2) The spraying or other use of insecticides, pesticides, or 
herbicides.
    (3) The employment, application, evaporation, or drying of saturated 
hal ogenated hydrocarbons or perchlo roethylene.
    (4) The use of any material, in any article, machine, equipment or 
other contrivance described in paragraph (c), (d), or (e) of this 
section if:
    (i) The volatile content of such material consists only of water, 
and organic solvents;
    (ii) The organic solvents comprise not more than 30 percent by 
volume of said volatile content;
    (iii) The volatile content is not a solvent of high photochemical 
reactivity as defined in paragraph (a) of this section; and
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame. This last stipulation applies 
only for those articles, machines, equipment or other contrivances that 
are constructed or modified after November 8, 1973.
    (5) The use of any material, in any article, machine, equipment or 
other contrivance described in paragraph (c), (d), or (e) of this 
section if:
    (i) The organic solvent content of such material does not exceed 30 
percent by volume of said material;
    (ii) The volatile content is not a solvent of high photochemical 
reactivity; and
    (iii) [Reserved]
    (iv) The organic solvent or any material containing organic solvent 
does not come into contact with flame. This last stipulation applies 
only for those articles, machines, equipment or other contrivances that 
are constructed or modified after November 8, 1973.
    (6) [Reserved]
    (7) An article, machine, equipment or other contrivance described in 
paragraph (c), (d) or (e) of this section used exclusively for chemical 
or physical analyses or determination of product quality and commercial 
acceptance provided that--
    (i) The exemption is approved in writing by the Regional 
Administrator;
    (ii) The operator of said article, machine, equipment or contrivance 
is not an integral part of the production process; and
    (iii) The emissions from said article, machine, equipment or other 
contriv ance do not exceed 800 lbs. in any calendar month.
    (8) Sources subject to the provisions of Massachusetts Regulation 
310 CMR 7.18 which has been federally approved.
    (k) [Reserved]
    (l) All determinations of emission rates shall be conducted in a 
manner approved in writing by the Regional Administrator.

[40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982]



Sec. 52.1146  [Reserved]



Sec. 52.1147  Federal compliance schedules.

    (a) Except as provided in paragraph (c) of this section, the owner 
or operator of a source subject to regulation under paragraph (c)(1) of 
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of 
progress contained in the following schedule:
    (1) Final control plans for emission control systems or process 
modifications must be submitted on or before June 1, 1974, for sources 
subject to Sec. 52.1144(c)(1) and on or before May 1, 1974 for sources 
subject to Sec. 52.1145.
    (2) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modifications on or 
before March 1,

[[Page 107]]

1975, for sources subject to Sec. 52.1144(c)(1) and on or before July 
1, 1974, for sources subject to Sec. 52.1145.
    (3) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin on or before May 1, 
1975, for sources subject to Sec. 52.1144(c)(1) and on or before August 
15, 1974, for sources subject to Sec. 52.1145.
    (4) On-site construction or installation of emission control 
equipment or process modification must be completed prior to April 15, 
1975, except for purposes of paragraph (c)(1) of Sec. 52.1144, the 
applicable date shall be February 1, 1976.
    (5) Final compliance is to be achieved prior to May 31, 1975, except 
for sources subject to paragraph (c)(1) of Sec. 52.1144 of this 
subpart. Final compliance for sources subject to paragraph (c)(1) of 
Sec. 52.1144 is to be achieved by June 1, 1976.
    (i) Facilities subject to paragraph (c)(1)(iii) of Sec. 52.1144 of 
this subpart which have a daily throughput of 20,000 gallons of gasoline 
or less are required to have a vapor recovery system in operation no 
later than May 31, 1977. Delivery vessels and storage containers served 
exclusively by facilities required to have a vapor recovery system in 
operation no later than May 31, 1977, also are required to meet the 
provisions of this section no later than May 31, 1977.
    (6) Any owner or operator of stationary sources subject to 
compliance schedule in this paragraph shall certify to the Administrator 
within 5 days after the deadline for each increment of progress, whether 
or not the required increment of progress has been met.
    (7) Any gasoline dispensing facility subject to paragraph (c)(1) of 
Sec. 52.1144 which installs a storage tank after October 15, 1973, 
shall comply with such paragraph by March 1, 1976. Any facility subject 
to such paragraph which installs a storage tank after March 1, 1976 
shall comply with such paragraph at the time of installation.
    (b) Except as provided in paragraph (d) of this section, the owner 
or operator of a source subject to paragraph (d)(1) of Sec. 52.1144 
shall comply with the increments of progress contained in the following 
compliance schedule:
    (1) Final control plans for emission control systems or process 
modifications must be submitted prior to January 1, 1975.
    (2) Contracts for emission control systems or process modifications 
must be awarded or orders must be issued for the purchase of component 
parts to accomplish emission control or process modification prior to 
March 1, 1975.
    (3) Initiation of on-site construction or installation of emission 
control equipment or process modification must begin not later than May 
1, 1975.
    (4) On-site construction or installation of emission control 
equipment or process modification must be completed prior to May 1, 
1977.
    (5) Federal compliance is to be achieved prior to May 31, 1977.
    (6) Any owner or operator of stationary sources subject to the 
compliance schedule in this paragraph shall certify to the 
Administrator, within 5 days after the deadline for each increment of 
progress, whether or not the required increment of progress has been 
met.
    (7) Any gasoline dispensing facility subject to paragraph (d)(1) of 
Sec. 52.1144 which installs a gasoline dispensing system after the 
effective date of this regulation shall comply with the requirements of 
such paragraph by May 31, 1977. Any facility subject to such paragraph 
which installs a gasoline dispensing system after May 31, 1977, shall 
comply with such paragraph at the time of installation.
    (c) Paragraph (a) of this section shall not apply:
    (1) To a source which is presently in compliance with all 
requirements of paragraph (c)(1) of Sec. 52.1144 and Sec. 52.1145 and 
which has certified such compliance to the Administrator by June 1, 
1974. The Administrator may request whatever supporting information he 
considers necessary for proper certification.
    (2) To a source for which a compliance schedule is adopted by the 
Commonwealth and approved by the Administrator.
    (3) To a source subject to Sec. 52.1144(c)(1) whose owner or 
operator submits to the Administrator by June

[[Page 108]]

1, 1974, a proposed alternative compliance schedule. No such schedule 
may provide for compliance after March 1, 1976. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (4) To a source subject to Sec. 52.1145 whose owner or operator 
submits to the Administrator by May 1, 1974, a proposed alternative 
compliance schedule. No such schedule may provide for compliance after 
May 31, 1975. If promulgated by the Administrator, such schedule shall 
satisfy the requirements of this paragraph for the affected source.
    (d) Paragraph (b) of this section shall not apply:
    (1) To a source which is presently in compliance with paragraph 
(d)(1) of Sec. 52.1144 and which has certified such compliance to the 
Administrator by January 1, 1975. The Administrator may request whatever 
supporting information he considers necessary for proper certification.
    (2) To a source for which a compliance schedule is adopted by the 
State and approved by the Administrator.
    (3) To a source whose owner or operator submits to the Administrator 
by June 1, 1974, a proposed alternative schedule. No such schedule may 
provide for compliance after May 31, 1977. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (e) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (a) or (b) of this section fails 
to satisfy and requirements of 40 CFR 51.15 (b) and (c).

[38 FR 30970, Nov. 8, 1973]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1147, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. Sec. 52.1148-52.1158  [Reserved]



Sec. 52.1159  Enhanced Motor Vehicle Inspection and Maintenance.

    (a) Revisions submitted by the Massachusetts Department of 
Environmental Protection on October 20, 2000, to the motor vehicle 
inspection and maintenance program are approved:
    (1) Letter from the Massachusetts Department of Environmental 
Protection dated October 20, 2000 submitting a revision to the 
Massachusetts State Implementation Plan.
    (2) Document entitled ``Quality Assurance and Quality Control Plan 
For the Massachusetts Enhanced Emissions and Safety Inspection 
Program,'' dated October 16, 2000.
    (3) Document entitled ``Program Evaluation Plans For the Enhanced 
Inspection and Maintenance Program,'' dated October 2000, and supporting 
contracts.

[65 FR 69257, Nov. 16, 2000]



Sec. 52.1160  Requirements for state implementation plan revisions relating 
to new motor vehicles.

    Massachusetts' adopted LEV program must be revised to the extent 
necessary for the state to comply with all aspects of the requirements 
of Sec. 51.120.

[60 FR 4737, Jan. 24, 1995]



Sec. 52.1161  Incentives for reduction in single-passenger commuter 
vehicle use.

    (a) Definitions:
    (1) Employer means any person or entity which employs 50 or more 
employees at any time during a calendar year at an employment facility 
located in the Boston Intrastate Region.
    (2) Educational institution means any person or entity which has 250 
or more employees and students at any time during the academic year at 
an educational facility offering secondary level or higher training 
including vocational training located in the Boston Intrastate Region.
    (3) Employee means any person who performs work for an employer 
thirty-five or more hours per week and for more than twenty weeks per 
year for

[[Page 109]]

compensation and who travels to and from work by any mode of travel.
    (4) Student means any full-time day student who does not live at the 
educational institution and who travels to and from classes by any mode 
of travel.
    (5) Affected facility means any employment facility at which 50 or 
more persons are employees or any educational facility at which 250 or 
more persons are students and employees.
    (6) Commuter means both an employee and a student.
    (7) Single-passenger commuter vehicle means a motor-driven vehicle 
with four or more wheels with capacity for a driver plus one or more 
passengers which is used by a commuter traveling alone to work or 
classes and is not customarily required to be used in the course of his 
employment or studies.
    (8) Base date means the date set forth in paragraph (d) of this 
section as of which the base number of single-passenger commuter 
vehicles at a particular employment facility or educational institution 
must be determined.
    (9) The Secretary means the Secretary of Transportation and 
Construction of the Commonwealth of Massachusetts.
    (b) Commencing with the effective date of this section, each 
employer and educational institution (except as provided below) shall 
diligently and expeditiously implement and thereafter continuously 
maintain the following mandatory measures which are designed to achieve 
a goal of reducing the number of single-passenger commuter vehicles 
customarily commuting daily to each affected facility as of its base 
date by 25 percent (or as adjusted pursuant to paragraph (g) of this 
section):
    (1) Making available to commuters any pass program offered by the 
Massachusetts Bay Transportation Authority, if any commuter to the 
facility uses the mass transit facilities of such Authority as part of 
his daily commuting trip, including making all administrative 
arrangements for commuters to purchase the pass and thereby participate 
in the pass program and encouraging commuters to participate by such 
means as publicizing the availability of the pass program and the cost 
advantages thereof.
    (2)-(8) [Reserved]

[40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982; 
41 FR 10223, Mar. 10, 1976]



Sec. 52.1162  Regulation for bicycle use.

    (a) Definitions:
    (1) Bicycle means a two-wheel non mo tor-powered vehicle.
    (2) Bike path means a route for the exclusive use of bicycles 
separated by grade or other physical barrier from motor traffic.
    (3) Bike lane means a street lane restricted to bicycles and so 
designated by means of painted lanes, pavement coloring or other 
appropriate markings. A peak hour bike lane means a bike lane effective 
only during times of heaviest auto commuter traffic.
    (4) Bike route means a route in which bicycles share road space with 
motorized vehicles.
    (5) Bikeway means bike paths, bike lanes and bike routes.
    (6) Bicycle parking facility means any facility for the temporary 
storage of bicycles which allows the frame and both wheels of the 
bicycle to be locked so as to minimize the risk of theft and vandalism.
    (7) Parking facility means a lot, garage, building, or portion 
thereof in or of which motor vehicles are temporarily parked.
    (8) Parking space means the area allocated by a parking facility for 
the temporary storage of one automobile.
    (9) MBTA means the Massachusetts Bay Transportation Authority.
    (b) Application. This section shall be applicable in the Boston 
Intrastate Region.
    (c) Study. The Commonwealth, according to the schedule set forth in 
paragraph (d) of this section, shall conduct a comprehensive study of, 
and in that study recommend, the establishment of permanent bikeways and 
related facilities within the area described in paragraph (b) of this 
section. The study shall consider or include at least the following 
elements:
    (1) The physical design for bikeways, intersections involving 
bikeways, and means of bicycle link-ups with other modes of 
transportation;

[[Page 110]]

    (2) The location of bikeways, including ascertaining high accident 
or pollution areas and developing means of avoiding or ameliorating 
those situations as well as means of providing intersection safety 
generally;
    (3) The location of bicycle parking facilities, including bus stops;
    (4) The rules of the road for bicyclists, and to the extent that 
present rules must be modified because of bikeways, new rules of the 
road for motorists. Also the feasibility of mandatory adult bicycle 
registration to minimize theft and increase recovery of stolen bicycles;
    (5) Bicycle safety education for bicyclists, motorists, children, 
students, street maintenance personnel and policemen, including 
requiring bicycle safety principles and safe street riding skills to be 
taught in high school automobile driver(s) education programs;
    (6) Methods for publicizing bicycles or bicycles plus mass transit 
as alternatives to automobile transportation, including the preparation, 
perhaps in conjunction with bicentennial efforts, of a master Boston 
area transit map, indicating the kind, extent and location of bicycle 
facilities, public baths, showers, toilet facilities, water fountains, 
as well as routes and stops for MBTA, common carriers and private bus 
lines, such map to be distributed by the Registry of Motor Vehicles with 
each automobile new registration and automobile registration renewal;
    (7) Requiring or providing incentives for common carriers and mass 
transit carriers, especially the Blue Line of the MBTA, to provide 
bicycle parking facilities at their respective terminals and stations 
and bicycle carrying facilities on their respective vehicles;
    (8) The creation of roadway zones in which all vehicles, except mass 
transit, emergency and service vehicles, and bicycles, would be 
excluded;
    (9) Requiring or providing incentives for office buildings and 
employers to install and to provide free shower and locker facilities 
for cyclists;
    (10) A bicycle user and potential user survey, which shall at a 
minimum determine:
    (i) For present bicycle riders, the origin, destination, frequency, 
travel time, distance and purpose of bicycle trips;
    (ii) In high density employment areas, the present modes of 
transportation of employees and the potential modes of transportation, 
including the numbers of employees who would use a bicycle for a 
significant portion of their commuting transportation were suitable 
facilities available to them. This section of the study shall seek to 
ascertain the size of the working population that would move from 
automobiles to mass transit and bicycles or bicycles alone as a 
significant form of transportation. It shall also seek to ascertain what 
bicycle facilities or mix thereof would produce the greatest conversion 
from auto use;
    (11) The special problems related to the design and incorporation in 
the bikeway facilities described in paragraph (f) of this section of 
feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA 
and railroad stations, feeder bikeways to fringe parking areas, and 
bicycle passage through rotaries and squares;
    (12) The conversion of railroad beds, power lines, flood control 
channels or similar corridors to bikepaths;
    (13) Removing barriers to employees bringing their bicycles into 
their offices;
    (14) Removal or alteration of drain grates with bars so placed as to 
catch bicycle wheels;
    (15) Bicycle rentals at appropriate locations; and
    (16) The feasibility of constructing bikeways along at least each of 
the corridors set forth in paragraph (g) of this section.

In conducting the study, opportunity shall be given for public comments 
and suggestions. Input shall also be solicited from state, regional and 
local planning staffs, state, regional and local agencies, bicycle 
organizations and other interested groups and be related to 
comprehensive transportation planning for the area designated in 
paragraph (b) of this section. The study shall, using as a goal a 
minimum of 180 miles of bikeways, examine as large a network of 
facilities as is practicable within the area described in paragraph (b) 
of this section and shall recommend physical designs for said 
facilities. The

[[Page 111]]

study shall also propose a compliance schedule for establishing any 
recommended permanent bicycle facilities.
    (d) The Commonwealth of Massachusetts shall submit to the Regional 
Administrator no later than October 1, 1975, a detailed compliance 
schedule showing the steps that will be taken to carry out the study 
required by paragraph (c) of this section. The compliance schedule shall 
at a minimum include:
    (1) Designation of the agency responsible for conducting the study;
    (2) A date for initiation of the study, which date shall be no later 
than October 1, 1975; and
    (3) A date for completion of the study, and submittal thereof to the 
Administrator, which date shall be no later than June 30, 1976.
    (e) On or before September 1, 1976, the Administrator shall publish 
in the Federal Register his response to the study required by paragraph 
(c) of this section, and shall, in that response, either approve the 
facility location and designs and other requirements as well as the 
proposed compliance schedule for permanent facilities recommended in the 
study, or shall designate alternative and/or additional facility 
locations and designs and other requirements as well as modify the 
proposed compliance schedule for permanent facilities. The Administrator 
may provide, if he deems it necessary, for a public comment period prior 
to the effective date of his response.
    (f) Permanent bicycle facilities. At the conclusion of the study 
required by paragraph (c) of this section and the Administrator's 
response thereto, the Commonwealth shall, together with the 
municipalities and other authorities having jurisdiction over affected 
roadways and areas establish permanent bicycle facilities as required by 
the Administrator's response to the study.
    (g) The potential bikeway corridors to be studied pursuant to 
paragraph (c)(16) are as follows:
    (1) Central Square, Cambridge to Boston University;
    (2) Harvard Square, Cambridge to Union Square, Allston;
    (3) Union Square, Somerville to Central Square, Cambridge;
    (4) Union Square, Allston to Government Center;
    (5) Harvard Square, Cambridge to Government Center;
    (6) Brookline Village to Government Center;
    (7) Boston University to Longwood Avenue Hospital Zone;
    (8) Egleston Square to Government Center;
    (9) Columbus Park to Boston Common;
    (10) L Street Beach to Government Center;
    (11) Powder House Circle, Somerville to Harvard Square;
    (12) Everett to Government Center;
    (13) Porter Square, Cambridge to Columbus Park, Boston;
    (14) Cleveland Circle to Government Center;
    (15) Porter Square, Cambridge to Government Center;
    (16) Harvard Square, Cambridge to Boston City Hospital; and
    (17) Charlestown, Longfellow, Harvard, Boston University, River 
Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.
    (h) The MBTA shall provide bicycle parking facilities at each major 
MBTA station adequate to meet the needs of MBTA riders within the area 
designated in paragraph (b) of this section. Said parking facilities 
shall at a minimum be located at:
    (1) All stations of the Riverside portion of the Green Line;
    (2) Reasonably spaced stops on other portions of the Green Line;
    (3) All stations of the Red, Orange, and Blue Lines; and shall have 
spaces for at least six bicycles per station, except for facilities at 
terminal stations which shall have spaces for at least 24 bicycles.
    (i) The Commonwealth shall provide for advertisement of bikeways and 
bicycle parking facilities in use within the area designated in 
paragraph (b) of this section to potential users by means of media 
advertisement, the distribution and posting of bikeway maps and bike 
safety information, as well as

[[Page 112]]

for a program of bicycle safety education including the motor vehicle 
operators license examination and public service advertisement.

[40 FR 25168, June 12, 1975]



Sec. 52.1163  Additional control measures for East Boston.

    (a) On or before December 31, 1975, the Governor, the Mayor of the 
City of Boston, the Chairman of the Massachusetts Bay Transportation 
Authority, the Chairman of the Massachusetts Turnpike Authority and the 
Chairman of the Massachusetts Port Authority (``Massport'') shall each 
submit to the Regional Administrator a study or studies of various 
alternative strategies to minimize the number of vehicle trips to and 
from Logan International Airport (``Logan Airport'') and to reduce the 
amount of carbon monoxide in the vicinity of the Callahan and Sumner 
Tunnels to a level consistent with the national primary ambient air 
quality standards. These studies may be combined into one or more joint 
studies. These studies shall contain recommendations for control 
measures to be implemented prior to May 31, 1977. Measures to be studied 
shall include but need not be limited to, the following:
    (1) Incentives and programs for reductions in the use of single-
passenger vehicles through the Callahan and Sumner Tunnels;
    (2) Alterations in traffic patterns in the tunnel area;
    (3) Use of exclusive lanes for buses, carpools, taxis and limousines 
during peak travel hours;
    (4) Reduction of parking spaces at Logan Airport and increased 
parking charges at remaining spaces;
    (5) Construction of satellite terminal facilities for Logan Airport;
    (6) Use of alternate modes of transportation for trips to and from 
Logan Airport, and establishment of facilities at Logan Airport to 
accommodate such modes;
    (7) Improved transit service between the Blue Line subway stop and 
airline terminals at Logan Airport; and
    (8) Any other measures which would be likely to contribute to 
achieving the required reductions.
    (b) Massport shall monitor the number of vehicles entering and 
leaving Logan Airport so as to provide the Secretary of Transportation 
for the Commonwealth (the ``Secretary'') with reports on a semi-annual 
basis, beginning on January 30, 1976, showing total vehicle trips per 
day for the six-month period ending on the previous December 31 or June 
30, presented and tabulated in a manner prescribed by the Secretary.
    (c) Massport shall, on or before June 30, 1976, prepare and submit 
to the Secretary draft legislation which, if enacted into law, would 
alleviate local licensing problems of bus and limousine companies in 
order to facilitate increased and improved bus and limousine service for 
travelers using Logan Airport.
    (d) Massport shall negotiate with the Massachusetts Bay 
Transportation Authority to increase the convenience of the mass transit 
services currently available to travelers to Logan Airport.
    (e) Massport shall, on or before June 30, 1976, establish and 
maintain a program (which shall include the enclosure of this 
information in tickets or folders mailed by airlines using Logan 
Airport) to publicize the advantages in costs and convenience of the use 
of mass transit or other available transportation services by travelers 
using the airport, and making known to such persons the schedules, 
routes, connections, and other information necessary for them to 
conveniently use mass transit and such other services.
    (f) Massport shall, on or before October 15, 1975, establish a 
carpool program at Logan Airport, which shall include the elements 
specified in paragraphs (b)(7) (A) through (C) of Sec. 52.1161. For the 
purpose of applying the requirements of Sec. 52.1161 to the present 
paragraph:
    (1) The definitions in Sec. 52.1161 shall apply;
    (2) Each employer with any employment facility at Logan Airport 
shall cooperate with Massport in the development and implementation of 
the program;
    (3) Any such employer (including Massport) may fulfill its 
obligations under paragraph (b)(7) of Sec. 52.1161 by

[[Page 113]]

fully cooperating with and participating in the Logan Airport carpool 
program (including bearing its proportional share of the program's 
cost); and
    (g) Massport shall, on or before October 15, 1975, implement a 
program of systematic dissemination to employers and employees at Logan 
Airport of information regarding the Massachusetts Bay Transportation 
Authority pass program, bus and train schedules and rates, park-and-ride 
facilities, and other transportation programs and services available to 
employees at Logan Airport.
    (h) Massport shall, on or before January 1, 1976, implement and 
maintain a program to allow all employees at Logan Airport, regardless 
of the size of the particular employment facility at which they work, to 
participate in any available pass program made available by the 
Massachusetts Bay Transportation Authority, including the use of 
Massport as a central clearinghouse for the purpose of aggregating 
employees and for fiscal management of such pass program.

[40 FR 25169, June 12, 1975]



Sec. 52.1164  Localized high concentrations--carbon monoxide.

    (a) Not later than October 1, 1975, the Commonwealth shall have 
developed and have begun to implement a program to identify urban and 
suburban core areas and roadway/intersection complexes within the Boston 
Intrastate Region which violate the national ambient air quality 
standards for carbon monoxide. Once such localized areas have been 
identified, the Commonwealth, in cooperation with the affected local 
municipalities, shall develop and implement appropriate control 
strategies to insure that such air quality standards will be achieved at 
such areas. Plans shall be developed to include provisions for the 
entire municipality in order to insure that the implemented strategies 
will not create carbon monoxide violations elsewhere in the vicinity 
after the measures have been applied.
    (b) To accomplish the requirements of paragraph (a) of this section, 
the Commonwealth shall do the following:
    (1) Identify areas of potentially high carbon monoxide 
concentrations by reviewing all available traffic data, physical site 
data and air quality and meteorological data for all major intersections 
and roadway complexes within the Region. The Regional Administrator will 
provide general guidance on area designations to assist in the initial 
identification process.
    (2) Areas identified under paragraph (b)(1) of this section shall be 
studied in further detail, including meteorological modeling, traffic 
flow monitoring, air quality monitoring and other measures necessary to 
accurately quantify the extent and actual levels of carbon monoxide in 
the area. A report containing the results of these analyses and 
identifying such areas shall be submitted to the Regional Administrator 
no later than March 1, 1976.
    (3) If, after the completion of actions required by paragraph (b)(2) 
of this section, an area shows or is predicted to have violations of the 
carbon monoxide standard, the Commonwealth, in cooperation with the 
affected municipality, shall submit a plan to the Regional Administrator 
containing measures to regulate traffic and parking so as to reduce 
carbon monoxide emissions to achieve air quality standards in the area. 
Such plan shall include: the name of the agency responsible for 
implementing the plan, all technical data and analyses supporting the 
conclusions of the plan, all control strategies adopted as part of the 
plan, and other such information relating to the proposed program as may 
be required by the Regional Administrator. The Regional Administrator 
shall provide general guidance on applicable control strategies and 
reporting formats to assist in plan development and submittal. Such a 
plan shall be submitted for each municipality which contains one or more 
identified areas no later than October 1, 1975 for Waltham and October 
1, 1976, for other areas.
    (4) All measures called for in the plan submitted under paragraph 
(b)(3) of this section shall be subject to the approval of the Regional 
Administrator and shall be implemented by May 31, 1977.
    (c) The Commonwealth shall annually review the effectiveness of the 
control strategies developed pursuant

[[Page 114]]

to this section and modify them as necessary to insure that such carbon 
monoxide standards will be attained and maintained. The results of this 
review and any changes in the measures which the Commonwealth recommends 
as a result thereof shall be reported to the Regional Administrator 
annually as required under Sec. 52.1160.
    (d) Prior to submitting any plan to the Regional Administrator under 
paragraph (b)(3), the Commonwealth shall give prominent public notice of 
the general recommendations of such plan, shall make such plan available 
to the public for at least 30 days and permit any affected public agency 
or member of the public to comment in writing on such plan. The 
Commonwealth shall give the Regional Administrator timely notice of any 
public hearing to be held on such plan and shall make all comments 
received available to the Regional Administrator for inspection and 
copying.

[40 FR 25170, June 12, 1975]



Sec. 52.1165  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
State of Massachusetts.

[43 FR 26410, June 19, 1978, as amended at 68 FR 11323, Mar. 10, 2003; 
68 FR 74489, Dec. 24, 2003]



Sec. 52.1166  [Reserved]



Sec. 52.1167  EPA-approved Massachusetts State regulations.

    The following table identifies the State regulations which have been 
submitted to and approved by EPA as revisions to the Massachusetts State 
Implementation Plan. This table is for informational purposes only and 
does not have any independent regulatory effect. To determine regulatory 
requirements for a specific situation consult the plan identified in 
Sec. 52.1120. To the extent that this table conflicts with Sec. 
52.1120, Sec. 52.1120 governs.

                                Table 52.1167--EPA-Approved Rules and Regulations
                                           [See Notes at end of Table]
----------------------------------------------------------------------------------------------------------------
                                              Date        Date        Federal
   State citation        Title/subject     submitted  approved by    Register    52.1120(c)  Comments/unapproved
                                            by State      EPA        citation                      sections
----------------------------------------------------------------------------------------------------------------
310 CMR 6.04........  Standards..........    7/25/90     10/04/02  67 FR 62187         120   Adopt PM10 as the
                                                                                              criteria pollutant
                                                                                              for particulates.
310 CMR 7.00........  Definitions........    2/14/85      9/25/85  50 FR 38804          64   Motor vehicle fuel.
                                            2/21/86;      8/31/87  52 FR 32792          73   Two new definitions
                                            2/25/86;                                          and one amended
                                             6/23/86                                          definition.
                      Statutory             11/5/86;     11/19/87  52 FR 44395          74   Approving the
                       authority; legend;   12/10/86                                          addition of
                       preamble;                                                              definitions for
                       definitions.                                                           synthetic organic
                                                                                              chemical
                                                                                              manufacturing
                                                                                              facility,
                                                                                              component, in gas
                                                                                              service, light
                                                                                              liquid, in light
                                                                                              liquid service,
                                                                                              leak, leaking
                                                                                              component,
                                                                                              monitor, repair,
                                                                                              unit turnaround,
                                                                                              in VOC service,
                                                                                              quarterly, and
                                                                                              pressure relief
                                                                                              valve.
310 CMR 7.00........  Definitions........    7/18/88       5/4/89  54 FR 19184          78   Includes bulk plant
                                                                                              and terminal,
                                                                                              gasoline market.
310 CMR 7.00........  Definitions........    1/30/91      10/8/92  57 FR 46312          96   Definitions of no-
                                                                                              build alternative,
                                                                                              project area,
                                                                                              project roadway,
                                                                                              and tunnel
                                                                                              ventilation
                                                                                              system.

[[Page 115]]

 
310 CMR 7.00........  Definitions........  05/17/90,     12/14/92  57 FR 58996          97   Added ``motor
                                            06/07/91                                          vehicle fuel,''
                                                                                              ``motor vehicle
                                                                                              fuel dispensing
                                                                                              facility,''
                                                                                              ``substantial
                                                                                              modification,''
                                                                                              and ``vapor
                                                                                              collection and
                                                                                              control system.''
310 CMR 7.00........  Definitions........   8/17/89;      1/11/93  58 FR 3495           93   Approving the
                                              6/7/91                                          following amended
                                                                                              or additional
                                                                                              definitions:
                                                                                              Application area,
                                                                                              asphalt,
                                                                                              automobile, bottom
                                                                                              filling, bulk
                                                                                              terminal, coating
                                                                                              line(s),
                                                                                              commissioner,
                                                                                              condensate,
                                                                                              continuous
                                                                                              compliance, crude
                                                                                              oil, department,
                                                                                              end sealing
                                                                                              compound, exterior
                                                                                              base coat, extreme
                                                                                              environmental
                                                                                              conditions,
                                                                                              flashoff area,
                                                                                              freeboard height,
                                                                                              freeboard ratio,
                                                                                              halogenated
                                                                                              organic compound,
                                                                                              interior base
                                                                                              coat, interior
                                                                                              body spray, knife
                                                                                              coating, lease
                                                                                              custody transfer,
                                                                                              light duty truck,
                                                                                              manufacturing
                                                                                              plant,
                                                                                              miscellaneous
                                                                                              metal parts and
                                                                                              products,
                                                                                              overvarnish, paper
                                                                                              surface coating,
                                                                                              penetrating prime
                                                                                              coat, petroleum
                                                                                              liquids, prime
                                                                                              coat, publication
                                                                                              rotogravure
                                                                                              printing, quench
                                                                                              area, refrigerated
                                                                                              chiller, Reid
                                                                                              vapor pressure,
                                                                                              roll printing,
                                                                                              roll coating,
                                                                                              single coat,
                                                                                              solids, specialty
                                                                                              printing, splash
                                                                                              filling, standard
                                                                                              conditions,
                                                                                              submerged filling,
                                                                                              three piece can
                                                                                              side seam spray,
                                                                                              topcoat, transfer
                                                                                              efficiency, two
                                                                                              piece can exterior
                                                                                              end coating, vinyl
                                                                                              surface coating,
                                                                                              volatile organic
                                                                                              compound, waxy,
                                                                                              heavy pour crude
                                                                                              oil. The
                                                                                              definitions of
                                                                                              ``coating
                                                                                              application
                                                                                              system'' and
                                                                                              ``bulk plants and
                                                                                              terminals'' have
                                                                                              been deleted.
310 CMR 7.00........  Definitions........   8/27/82,      2/23/93  58 FR 10970          84   Approving the
                                            6/22/87,                                          definitions of
                                            12/27/89                                          ``stationary
                                                                                              source'' and
                                                                                              ``building,
                                                                                              structure,
                                                                                              facility, or
                                                                                              installation.''
310 CMR 7.00........  Definitions........     6/7/91      6/30/93  58 FR 34911          58   Definitions: Bulk
                                                                                              plants, vapor
                                                                                              balance systems.

[[Page 116]]

 
310 CMR 7.00........  Definitions........    12/9/91      10/4/94  59 FR 50498         101   Definitions of
                                                                                              baseline roadway
                                                                                              conditions, high
                                                                                              occupancy vehicle,
                                                                                              high occupancy
                                                                                              vehicle lane, peak
                                                                                              hour, performance
                                                                                              standard, and
                                                                                              roadway threshold
                                                                                              standard.
310 CMR 7.00........  Definitions........   11/15/93       2/1/95  60 FR 6030          103   Approving
                                            05/11/94                                          additional
                                                                                              definitions for.
310 CMR 7.00........  Definitions........    7/30/93     10/15/96  61 FR 53632         111   Adding or amending
                                                                                              the following
                                                                                              definitions: motor
                                                                                              vehicle parking
                                                                                              space; off-peak
                                                                                              parking spaces;
                                                                                              remote parking
                                                                                              spaces; and
                                                                                              restricted use
                                                                                              parking.
310 CMR 7.00........  Definitions........    2/17/93     9/3/1999  64 FR 48303      c(117)   ...................
310 CMR 7.00........  Definitions........    7/30/96      4/11/00  65 FR 19326         115   Definition of
                                                                                              ``volatile organic
                                                                                              compound''
                                                                                              revised.
310 CMR 7.00........  Definitions........    1/11/95      4/11/00  65 FR 19326         121   Definitions
                                             3/29/95                                          associated with
                                                                                              marine vessel
                                                                                              rule.
310 CMR 7.00........  Definitions........   07/25/95     12/18/00  65 FR 78976         116   Definitions
                                            08/09/00                                          associated with
                                             9/11/00                                          State II vapor
                                                                                              recovery rule.
310 CMR 7.00          Emission Offsets       7/15/94     10/27/00  65 FR 64363    (c)(127)   Approving 1990 CAAA
 Appendix A.           and Nonattainment   and 4/14/                                          revisions and
                       Review.                    95                                          general NSR permit
                                                                                              requirements
310 CMR 7.00          Emissions Banking,      2/9/94       8/8/96  61 FR 41338         112   Replaces earlier
 Appendix B (except    Trading, and          3/29/95                                          emissions
 310 CMR 7.00          Averaging.                                                             averaging rules
 Appendix                                                                                     with emissions
 B(3)(e)5.h).                                                                                 banking, trading,
                                                                                              and averaging.
310 CMR 7.00 and                            2/14 and      9/25/85  50 FR 38806          64   Motor vehicle fuel
 7.02(12)(c).                                5/22/85                                          tank trucks.
310 CMR 7.00........  Definitions........    7/25/90     10/04/02  67 FR 62187         120   Add a definition of
                                                                                              PM10.
310 CMR 7.02........  Plans and approval     4/27/72     10/28/72  37 FR 23085           2   ...................
                       and emission
                       limitations.
                                             8/28/72     10/28/72  37 FR 23085           4   ...................
                                             5/27/82      1/10/84  49 FR 1187           60   7.02(2)(b)(4) and
                                              9/9/82                                          7.02(2)(5) for new
                                                                                              source review.
                                             12/3/85     11/25/86  51 FR 42564          69   Adds the word
                                             1/31/86                                          ``major'' before
                                             2/11/86                                          the word
                                                                                              ``modification''
                                                                                              at 7.02(2)(b).
310 CMR 7.02........  Plans and approval   .........  ...........  ............  ..........  ...................
                       and emission
                       limitation.
                                            11/21/86      3/10/89  54 FR 10148          72   7.02(2)(b) 4, 5 and
                                             1/15/87                                          6-new source
                                                                                              review.
310 CMR 7.02(11)....  Emission                2/1/78      3/15/79  44 FR 15704          18   Adds an emission
                       limitations for                                                        limitation for
                       incinerators.                                                          sewage sludge
                                                                                              incinerators.
310 CMR 7.02(12)....  U Organic Material.    8/17/89      1/11/93  58 FR 3495           93   310 CMR 7.02(12)
                                                                                              has been
                                                                                              recodified and
                                                                                              relocated in 310
                                                                                              CMR 7.24, ``U
                                                                                              Organic Material
                                                                                              Storage and
                                                                                              Distribution.''
                                                                                              All subsections
                                                                                              and references in
                                                                                              310 CMR 7.02(12)
                                                                                              have been
                                                                                              recodified
                                                                                              accordingly.

[[Page 117]]

 
310CMR 7.02(12).....  U Restricted            6/6/94       4/5/95  60 FR 17229         105   This rule limits a
                       Emission Status.                                                       source's potential
                                                                                              to emit, therefore
                                                                                              avoiding RACT,
                                                                                              title V operating
                                                                                              permits
310 CMR               Organic material,     12/31/78      9/16/80  45 FR 61293          30   ...................
 7.02(12)(a)(b).       bulk plants and       5/16/79
                       terminals handling
                       organic material.
310 CMR               Gasoline liquid        12/2/83       3/8/84  49 FR 8611           56   Approved for
 7.02(12)(a)1e.        storage in                                                             secondary seals or
                       external floating                                                      equivalent weather
                       roof tanks.                                                            roofs.
310 CMR 7.02(12)(b)2  Stage I vapor          5/20/77      5/25/78  43 FR 22356          15   Provisions for
                       recovery.                                                              Pioneer APCD Stage
                                                                                              I vapor recovery.
                                            12/31/78      9/16/80  45 FR 61293          30   ...................
                                             5/16/79
                                             3/25/83       7/7/83  48 FR 31200          55   Exempt Berkshire
                                                                                              APCD.
310 CMR 7.02(12)(b)3  Stage I vapor         11/21/86      3/10/89  54 FR 10148          72   7.02(12)(b)3 is
                       recovery.             1/15/87                                          deleted.
310 CMR 7.02(12) (c)  Gasoline Tank          2/14/85      9/25/85  50 FR 38804          64   Tank trucks.
 and (d).              Trucks.               5/22/85
310 CMR 7.02(12)(d).  Test Methods          11/21/86      3/10/89  54 FR 10148          72   Requires EPA
                       applicable to 310     1/15/87                                          approved test
                       CMR 7.02(12).                                                          methods or EPA
                                                                                              approved
                                                                                              alternatives.
310 CMR 7.02(12)(e).  Gasoline Volatility    7/18/88       5/4/89  54 FR 19184          78   Approves a
                                             9/15/88                                          limitation on
                                             4/12/89                                          volatility of
                                                                                              gasoline from June
                                                                                              30 for Sept. 15,
                                                                                              1989, and May 1 to
                                                                                              Sept. 15 in
                                                                                              subsequent years.
310 CMR 7.03(13)....  Paint spray booths.    2/17/93     9/3/1999  64 FR 48303      c(117)   Adds the following
                                                                                              coating
                                                                                              operations:
                                                                                              plastic parts
                                                                                              surface coating,
                                                                                              leather surface
                                                                                              coating, wood
                                                                                              product surface
                                                                                              coating, and flat
                                                                                              wood paneling
                                                                                              surface coating.
310 CMR 7.04(5).....  Fuel oil viscosity.   12/28/78      6/17/80  45 FR 40987          29   For Cambridge
                                                                                              Electric Light
                                                                                              Company's Kendal
                                                                                              Station, and
                                                                                              Blackstone
                                                                                              Station.
                                            12/28/78     10/18/80  45 FR 48131          29   Correction notice.
310 CMR 7.05........  Sulfur-in-fuel.....    8/28/72     10/28/72  37 FR 23058           4   ...................
                                              7/5/78       2/7/79  44 FR 7712           17   Approves the
                                                                                              burning of coal/
                                                                                              oil slurry at New
                                                                                              England Power
                                                                                              Company, Salem
                                                                                              Harbor Station,
                                                                                              MA.
310 CMR 7.05(1)(a)..  Sulfur content of      4/14/77      3/24/78  43 FR 12324          13   Approves the
                       fuels and control                                                      burning of 1% for
                       thereof for                                                            all but: Crane and
                       Berkshire APCD.                                                        Company Inc., and
                                                                                              Schweitzer
                                                                                              Division, Kimberly
                                                                                              Clark Corporation,
                                                                                              Columbia Mill.
                                             4/14/77       3/7/79  44 FR 12422          13   Approves the
                                             8/11/78                                          burning of 2.2% at
                                             8/31/78                                          Crane & Co., Inc.,
                                                                                              and Schweitzer
                                                                                              Division, Kimberly-
                                                                                              Clark Corp.,
                                                                                              Columbia Mill.
                                             11/8/82      4/28/83  48 FR 19172          54   Approves burning of
                                                                                              2.2% at Esleek
                                                                                              Manufacturing
                                                                                              Company, Inc.,
                                                                                              provided the fuel
                                                                                              firing rate does
                                                                                              not exceed 137.5
                                                                                              gallons per hour.
310 CMR 7.05(1)(b)..  Sulfur content of      6/25/76      2/15/77  42 FR 9176           10   Approves the
                       fuels and control                                                      burning of 2.2%
                       thereof for                                                            until 7/1/78 for
                       Central APCD.                                                          100 mBtu sources
                                                                                              listed in 52.1126.

[[Page 118]]

 
                                             3/29/76      5/19/77  42 FR 25730          11   Approves burning of
                                             5/25/76                                          2.2% at James
                                                                                              River Associates,
                                                                                              Inc. and part of
                                                                                              Fitchburg Paper
                                                                                              Company, April
                                                                                              through October.
                                                                                              November through
                                                                                              March, they are
                                                                                              limited to burning
                                                                                              1% sulfur-in-fuel
                                                                                              oil.
                                             6/25/76      6/21/78  43 FR 26573          10   Extends expiration
                                             8/22/77                                          date to 6/21/78.
                                              3/2/79      7/16/79  44 FR 41180          24   Permanent extension
                                                                                              for certain
                                                                                              sources to burn
                                                                                              2.2% under
                                                                                              specified
                                                                                              conditions.
                      Sulfur content of      9/28/79      6/17/80  45 FR 40987          24   Approves the
                       fuels and control                                                      burning of 2.2% at
                       thereof for                                                            Fitchburg Paper
                       central APCD.                                                          (55 Meter stacks
                                                                                              only) for James
                                                                                              River,
                                                                                              Massachusetts,
                                                                                              Inc., year round.
                                             3/20/80      9/10/80  45 FR 59578          31   Approves the
                                                                                              temporary burning
                                                                                              of 2.2% at Seaman
                                                                                              Paper Co.,
                                                                                              Templeton.
                                              3/2/79      9/17/81  46 FR 46133          33   Approves the
                                              5/5/81                                          burning of 2.2% at
                                                                                              Millers Falls
                                                                                              Paper Co.
310 CMR 7.05(1)(c)..  Sulfur content of       6/4/76     12/30/76  41 FR 56804           8   Approves the
                       fuels and control                                                      burning of 2.2%
                       thereof for                                                            except at those
                       Merrimack Valley.                                                      sources listed in
                                                                                              52.1126.
                                             1/28/76      7/12/77  42 FR 35830           8   Approves burning of
                                            12/30/76                                          1.4% at Haverhill
                                                                                              Paperboard Corp.,
                                                                                              Haverhill, MA.
                                             1/28/76  ...........  ............  ..........  ...................
                                             8/22/77      6/21/78  43 FR 26573           8   Extends expiration
                                            12/30/76                                          date to 7/1/79.
                                            12/28/78      5/21/79  44 FR 29453          20   Permanent extension
                                                                                              to burn 2.2%.
310 CMR 7.05(1)(d)..  Sulfur content of      7/11/75      12/5/75  40 FR 56889           6   Approves burning of
                       fuels and control     9/16/75                                          1% for large
                       thereof for                                                            electric
                       Metropolitan                                                           generating
                       Boston APCD.                                                           facilities in
                                                                                              certain cities and
                                                                                              towns and 2.2% for
                                                                                              smaller
                                                                                              facilities.
                                                                                              Effective 7/1/75
                                                                                              to 7/1/77.
                                             7/11/75      8/22/77  42 FR 42218           6   Extends expiration
                                              4/1/77                                          date from 7/1/77
                                                                                              to 7/1/78 except
                                                                                              for Eastman
                                                                                              Gelatin Corp.,
                                                                                              which must burn
                                                                                              1%.
                                             4/20/78     11/30/78  43 FR 56040           6   Extends expiration
                                                                                              date from 7/1/78
                                                                                              to 7/1/79.
                      Sulfur content of     12/28/78      5/21/79  44 FR 29453          20   Permanent extension
                       fuels and control                                                      to burn 2.2%.
                       thereof for
                       Metropolitan
                       Boston APCD.
                                             4/25/80      1/27/81  46 FR 8476           34   Approves the
                                                                                              burning of 2.2% at
                                                                                              Natick Paperboard
                                                                                              Corp.
                                            11/25/80      8/11/81  46 FR 40688          38   Approves the
                                                                                              increase to 2.2%
                                                                                              at Boston Edison
                                                                                              Mystic Generating
                                                                                              Station for 30
                                                                                              months from 8/11/
                                                                                              81 (expires 2/11/
                                                                                              84).

[[Page 119]]

 
                                             7/14/81     12/16/81  46 FR 61123          41   Approves burning of
                                                                                              2.2% at Haverhill
                                                                                              Paper Corp.
                                            11/27/79     12/15/80  45 FR 82251          32   Allows the burning
                                                                                              of 2.2% at Proctor
                                                                                              and Gamble.
                                             9/24/81     12/15/81  46 FR 61118          43   Approves burning of
                                                                                              2.2% at Eastman
                                                                                              Gelatin Corp.
                                             12/7/83      9/25/84  49 FR 37592          65   Approves burning of
                                                                                              2.2% at Boston
                                                                                              Edison Mystic
                                                                                              Generating Station
                                                                                              until 3/25/87.
310 CMR 7.05(1)(e)..  Sulfur content of      7/22/77       2/1/77  42 FR 5957            9   Approves 2.2%
                       fuels and control                                                      except for sources
                       thereof for                                                            listed in 52.1125.
                       Pioneer Valley
                       APCDs.
                                             7/22/76  ...........  ............  ..........  ...................
                                             8/22/77      6/21/78  43 FR 26573           9   Extends expiration
                                            12/27/77                                          date to 7/1/79.
                                              1/3/79      5/21/79  44 FR 29453          21   Permanent extension
                                                                                              to burn 2.2%
                                              3/2/80      1/19/81  45 FR 4918           33   Approves the
                                                                                              burning of 2.2% at
                                                                                              all sources in
                                                                                              Franklin and
                                                                                              Hampshire Counties
                                                                                              rated at less than
                                                                                              100 mBtu except
                                                                                              Esleek
                                                                                              Manufacturing Co.,
                                                                                              and Millers Falls
                                                                                              Paper Co.
                                            10/13/81      2/10/82  47 FR 6011           45   Approves the
                                                                                              burning of 2.2% at
                                                                                              Holyoke Gas and
                                                                                              Electric
                                                                                              Department,
                                                                                              Holyoke, MA.
                                             7/18/84      2/15/90  55 FR 5449           77   Approves the
                                             4/17/85                                          burning of 2.2%
                                             3/16/87                                          and imposes fuel
                                            11/25/87                                          use limits at
                                                                                              American Fiber and
                                                                                              Finishing Co.,
                                                                                              Erving Paper Co.,
                                                                                              and Westfield
                                                                                              River Paper Co.
310 CMR 7.05(1)(f)..  Sulfur content of     12/30/76       9/2/77  42 FR 44235          12   Approves burning of
                       fuels and control                                                      2.2% for sources
                       thereof for                                                            listed in 52.1126,
                       Southeastern APCD.                                                     all others must
                                                                                              continue to burn
                                                                                              1%.
                                            12/30/76       9/8/78  43 FR 40010          12   Extends expiration
                                             1/31/78                                          date from 5/1/78
                                                                                              to 7/1/79.
                                             1/31/79      5/21/79  44 FR 29453          22   Permanent extension
                                                                                              to burn 2.2%.
310 CMR 7.05(4).....  Ash content of          1/3/79      5/21/79  44 FR 29453          21   ...................
                       fuels for Pioneer
                       Valley for APCD.
                      Ash content of         7/20/79      5/21/79  44 FR 29453          23   ...................
                       fuels for
                       Metropolitan
                       Boston APCD.
                      Ash content of         12/3/85     11/25/86  51 FR 42564          69   Includes Berkshire
                       fuels.                1/31/86                                          Air Pollution
                                             2/11/86                                          Control District
                                                                                              to 7.05(4)(b)(2)
                                                                                              so facilities in
                                                                                              that district can
                                                                                              apply to burn
                                                                                              fossil fuel with
                                                                                              an ash content in
                                                                                              excess of 9 pct
                                                                                              bydry weight.
310 CMR 7.06........  Visible emissions..    8/28/72     10/28/72  37 FR 23085           4   ...................
                                              7/5/78       2/7/79  44 FR 7712           17   Approves New
                                                                                              England Power
                                                                                              Company, Salem
                                                                                              Harbor Station to
                                                                                              burn a coal oil
                                                                                              slurry.

[[Page 120]]

 
                                            12/28/79      8/12/80  45 FR 53476          17   Extension of
                                                                                              temporary revision
                                                                                              to allow
                                                                                              exceedance of 20%
                                                                                              capacity limit at
                                                                                              New England Power
                                                                                              Company's Salem
                                                                                              Harbor Station,
                                                                                              Salem, MA Unit 1
                                                                                              so can burn 30%
                                                                                              coal/70% oil
                                                                                              mixture until 12/
                                                                                              31/80.
310 CMR 7.07........  Open burning.......    12/9/77      9/29/78  43 FR 44841          16   Two revisions with
                                                                                              conditions to
                                                                                              permit open
                                                                                              burning of brush
                                                                                              cane, driftwood
                                                                                              and forest debris
                                                                                              for 2 months of
                                                                                              the year.
                      Open burning.......    9/28/79      6/17/80  45 FR 40987          27   Approves open
                                                                                              burning (as in (c)
                                                                                              16) from 1/15 to 5/
                                                                                              1 in certain areas
                                                                                              of the State.
310 CMR 7.08........  Incinerators.......    8/28/72     10/28/72  37 FR 23085           4   ...................
310 CMR 7.08(2),      MWC NOX                1/11/99       9/2/99  64 FR 48098         119   Only approved NOX
 except sections:      requirements.                                                          related
 (a); the definition                                                                          requirements of
 of ``Material                                                                                state plan for
 Separation Plan''                                                                            MWCs. The
 in (c); (d)1; (d)2;                                                                          following sections
 (d)3; (d)4; (d)5;                                                                            were not submitted
 (d)6; (d)8; (f)1;                                                                            as part of the
 (f)2; (f)5; (f)6;                                                                            SIP: (a), the
 (f)7; (g)1; (g)2;                                                                            definition of
 (g)3; (g)4; (h)2.a;                                                                          ``Material
 (h)2.b; (h)2.d;                                                                              Separation Plan''
 (h)2.e; (h)2.g;                                                                              in (c), (d)1,
 (h)2.h; (h)4;                                                                                (d)2, (d)3, (d)4,
 (h)5.a; (h)5.c;                                                                              (d)5, (d)6, (d)8,
 (h)5.d; (h)9;                                                                                (f)1, (f)2, (f)5,
 (h)10; (h)13;                                                                                (f)6, (f)7, (g)1,
 (i)1.b; (i)1.g;                                                                              (g)2, (g)3, (g)4,
 (i)2.c; (i)2.d;                                                                              (h)2.a, (h)2.b,
 (i)2.e; and (k)3..                                                                           (h)2.d, (h)2.e,
                                                                                              (h)2.g, (h)2.h,
                                                                                              (h)4, (h)5.a,
                                                                                              (h)5.c, (h)5.d,
                                                                                              (h)9, (h)10,
                                                                                              (h)13, (i)1.b,
                                                                                              (i)1.g, (i)2.c,
                                                                                              (i)2.d, (i)2.e,
                                                                                              and (k)3.
310 CMR 7.09........  Dust and odor......    8/28/72     10/28/72  37 FR 23085           4   ...................
                                             12/9/77      9/29/78  43 FR 44841          16   Adds a requirement
                                                                                              that mechanized
                                                                                              street sweeping
                                                                                              equipment must be
                                                                                              equipped and
                                                                                              operated with a
                                                                                              suitable dust
                                                                                              collector or
                                                                                              suppression
                                                                                              system.
310 CMR 7.12........  Inspection            6/28/90;      3/21/96  61 FR 11560         106   The 6/28/90 and 9/
                       Certificate Record   9/30/92;                                          30/92 submittals
                       Keeping and           7/15/94                                          deal with the
                       Reporting.                                                             permitting
                                                                                              process. The 7/15/
                                                                                              94 submittal
                                                                                              develops 7.12 to
                                                                                              comply with
                                                                                              emission statement
                                                                                              requirements.
310 CMR 7.14(2).....  Continuous            11/21/86      3/10/89  54 FR 10148          72   References 40 CFR
                       Emissions             1/15/85                                          part 51, Appendix
                       Monitoring.                                                            P.
310 CMR 7.14(3).....  Continuous            11/21/86      3/10/89  54 FR 10148          72   Establishes
                       Emissions             1/15/87                                          compliance date
                       Monitoring.                                                            for meeting the
                                                                                              requirements of
                                                                                              7.14(2).
310 CMR 7.15........  Asbestos               8/28/72     10/28/72  37 FR 23085           4   ...................
                       application.
310 CMR 7.16........  Reduction to single    5/20/77      5/25/78  43 FR 22356          15   For Pioneer Valley
                       passenger commuter                                                     APCD.
                       vehicle use.
                                            12/31/78      9/16/80  45 FR 61293   ..........  Reduction of single
                                             5/16/79                                          occupant commuter
                                                                                              vehicles.

[[Page 121]]

 
310 CMR 7.17........  Coal conversion....     9/7/78      5/14/79  44 FR 27991          19   Brayton Point
                                                                                              Station, New
                                                                                              England Power
                                                                                              Company.
                                             1/22/82       6/9/82  47 FR 25007          49   Mount Tom Plant,
                                                                                              Holyoke, MA
                                                                                              Holyoke Water
                                                                                              Power Company.
310 CMR 7.18(1).....  U Applicability and    8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Handling                                                               CMR 7.18(1), (a),
                       Requirements.                                                          (c), (d) and (e).
310 CMR 7.18(2).....  U Compliance with     8/27/82;      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Emission             8/17/89;                                          7.18(2), (2)(a),
                       Limitations.           6/7/91                                          (2)(b), (2)(c) and
                                                                                              (2)(e).
310 CMR 7.18(2).....  Compliance with        2/17/93     9/3/1999  64 FR 48304      c(117)   Adds an exemption
                       emission                                                               for coatings used
                       limitations.                                                           in small amounts,
                                                                                              and a section on
                                                                                              daily weighted
                                                                                              averaging.
310 CMR 7.18(2)(b)..  Generic VOC bubble      3/6/81      3/29/82  47 FR 13143          42   Includes surface
                       for surface          11/12/81                                          coating of metal
                       coaters.                                                               cans, large
                                                                                              appliances, magnet
                                                                                              wire insulation,
                                                                                              automobiles, paper
                                                                                              fabric and vinyl.
                      Generic VOC bubble     6/24/80      7/12/82  47 FR 30060          47   Adds metal coils.
                       for surface
                       coaters.
                      Generic VOC bubble     3/29/95       8/8/96  61 FR 41338         112   Replaces earlier
                       for surface                                                            emissions
                       coaters.                                                               averaging rules
                                                                                              for surface
                                                                                              coaters.
                                             7/21/81       6/2/82  47 FR 23927          48   Adds miscellaneous
                                             3/10/81                                          metal parts and
                                                                                              products and
                                                                                              graphic arts-
                                                                                              rotogravure and
                                                                                              flexography.
                                              9/9/82       2/3/83  48 FR 5014           53   Adds metal
                                                                                              furniture.
310 CMR 7.18 (2)(e).  Compliance with      .........       3/6/89  54 FR 9213    ..........  Testing
                       emission                                                               requirements for
                       limitations.                                                           plan approvals
                                                                                              issued under 310
                                                                                              CMR 7.18(17).
310 CMR 7.18(3).....  Metal furniture       12/31/78      9/16/80  45 FR 61293          30   ...................
                       surface coating.      5/16/79
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(3).....  U Metal Furniture     8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Surface Coating.       6/7/91                                          CMR 7.18(3).
310 CMR 7.18(4).....  Metal can surface     12/31/78      9/16/80  45 FR 61293          30   ...................
                       coating.              5/16/79
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(4).....  U Metal Can Surface   8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(4).
310 CMR 7.18(5).....  Large appliances      12/31/78      9/16/80  45 FR 61293          30   ...................
                       surface coating.      5/16/79
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(5).....  U Large Appliance     8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Surface Coating.       6/7/91                                          CMR 7.18(5).
310 CMR 7.18(6).....  Magnet wire           12/31/78      9/16/80  45 FR 61293          30   ...................
                       insulation surface    5/16/79
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(6).....  U Magnet Wire         8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Insulation Surface     6/7/91                                          CMR 7.18(6).
                       Coating.
310 CMR 7.18(7).....  Automobile surface    12/31/78      9/16/80  45 FR 61293          30   ...................
                       coating.              5/16/79
                                              9/9/82      11/9/83  45 FR 51480          53   Adds test methods.
310 CMR 7.18(7).....  Automobile Surface    8/17/89,      10/8/92  57 FR 46316          92   ...................
                       Coating.               6/7/91
310 CMR 7.18(7).....  Automobile surface     2/17/93     9/3/1999  64 FR 48304      c(117)   Revises a limit for
                       coating.                                                               primer surface
                                                                                              coating.
310 CMR 7.18(8).....  Solvent metal         12/31/78      9/16/80  45 FR 61293          30   Conditional
                       degreasing.           5/16/79                                          approval requiring
                                                                                              controls for small
                                                                                              solvent metal
                                                                                              degreasers.

[[Page 122]]

 
                                             8/13/83      11/9/83  48 FR 51480          53   Approves public
                                                                                              education program
                                                                                              for small
                                                                                              degreasers and
                                                                                              removes
                                                                                              conditional
                                                                                              approval.
310 CMR 7.18(8).....  Solvent Metal          2/17/93     9/3/1999  64 FR 48304      c(117)   Adds a
                       Degreasing.                                                            typographical
                                                                                              correction.
310 CMR 7.18(8).....  U Solvent Metal        8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Degreasing.                                                            7.18(8), (8)(d),
                                                                                              (8)(d)1., (8)(e),
                                                                                              (8)(f) and (8)(g).
310 CMR 7.18(8).....  U Solvent Metal         6/7/91      6/30/93  58 FR 34911          58   Approval of 310 CMR
                       Degreasing.                                                            7.18 (8), (8)(a),
                                                                                              (8)(a)1.,
                                                                                              (8)(a)2.,
                                                                                              (8)(a)3.,
                                                                                              (8)(a)4.,
                                                                                              (8)(a)5.,
                                                                                              (8)(a)6., (8)(b),
                                                                                              (8)(b)1.,
                                                                                              (8)(b)2.,
                                                                                              (8)(b)3.,
                                                                                              (8)(b)4.,
                                                                                              (8)(b)5.,
                                                                                              (8)(b)6.,
                                                                                              (8)(b)7.,
                                                                                              (8)(b)8.,
                                                                                              (8)(b)9.,
                                                                                              (8)(b)10.,
                                                                                              (8)(b)11.,
                                                                                              (8)(b)12.,
                                                                                              (8)(b)13., (8)(c),
                                                                                              (8)(c)1.,
                                                                                              (8)(c)2.,
                                                                                              (8)(c)3.,
                                                                                              (8)(c)4.,
                                                                                              (8)(c)5.,
                                                                                              (8)(c)6.,
                                                                                              (8)(c)7.,
                                                                                              (8)(c)8.,
                                                                                              (8)(c)9.,
                                                                                              (8)(d)2., (8)(d)3.
310 CMR 7.18(9).....  Cutback asphalt....   12/31/78      9/16/80  45 FR 61293          30   ...................
                                             5/16/79
                                              9/9/82      11/9/83  48 FR 51480          53   Adds an exemption.
310 CMR 7.18(9).....  U Cutback Asphalt..    8/17/89      1/11/93  58 FR 3495           93   Replacement of 310
                                                                                              CMR 7.18(9).
310 CMR 7.18(10)....  Surface coating of     6/24/80      7/12/82  47 FR 30060          47   Approves and adds
                       metal coils.                                                           to 310 CMR
                                                                                              7.18(2)(b).
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods
                                                                                              and removes
                                                                                              extended
                                                                                              compliance
                                                                                              schedule.
310 CMR 7.18(10)....  U Metal Coil          8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(10).
310 CMR 7.18(11)....  Surface coating of     7/21/81       6/2/82  47 FR 23927          48   Adds to 310 CMR
                       miscellaneous         3/10/82                                          7.18(2)(b).
                       metal parts and
                       products.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(11)....  Surface coating of     2/17/93     9/3/1999  64 FR 48304      c(117)   Revises a
                       miscellaneous                                                          reference.
                       metal parts and
                       products.
310 CMR 7.18(11)....  U Surface Coating      8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       of Miscellaneous                                                       7.18(11), (11)(b),
                       Metal Parts and                                                        (11)(c), (11)(d)
                       Products.                                                              and (11)(e).
310 CMR 7.18(11)....  U Surface Coating       6/7/91      6/30/93  58 FR 34911          58   Approval of 310 CMR
                       of Miscellaneous                                                       7.18 (11),
                       Metal Parts and                                                        (11)(a),
                       Products.                                                              (11)(a)1.,
                                                                                              (11)(a)2.,
                                                                                              (11)(a)3.
310 CMR 7.18(12)....  Graphic arts.......    2/17/93     9/3/1999  64 FR 48304      c(117)   Amends
                                                                                              applicability to
                                                                                              50 tons per year
                                                                                              VOC.
310 CMR 7.18(12)....  Graphic arts-          7/21/81       6/2/82  47 FR 23927          48   Adds to 310 CMR
                       rotogravure and       3/10/82                                          7.18(2)(b).
                       flexography.
                                              9/9/82      11/9/83  48 FR 51480          53   ...................
310 CMR 7.18(12)....  U Graphic Arts.....   8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                                              6/7/91                                          CMR 7.18(12).
310 CMR 7.18(13)....  Perchloroethylene      7/21/81       6/2/82  47 FR 23927          48   ...................
                       dry cleaning          3/10/82
                       systems.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.

[[Page 123]]

 
310 CMR 7.18(13)....  U Dry Cleaning         8/17/89      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Systems-Percholor-                                                     7.18(13), (13)(c),
                       ethylene.                                                              (13)(d) and
                                                                                              (13)(e). 310 CMR
                                                                                              7.18(13)(a) 8. has
                                                                                              been deleted.
310 CMR 7.18(14)....  Paper surface           3/6/81       3/8/82  47 FR 9836           40   ...................
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(14)....  U Paper Surface       8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(14).
310 CMR 7.18(15)....  Fabric surface          3/6/81       3/8/82  47 FR 9836           40   ...................
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(15)....  U Fabric Surface      8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(15).
310 CMR 7.18(16)....  Vinyl surface           3/6/81       3/8/82  47 FR 9836           40   ...................
                       coating.
                                              9/9/82      11/9/83  48 FR 51480          53   Adds test methods.
310 CMR 7.18(16)....  U Vinyl Surface       8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Coating.               6/7/91                                          CMR 7.18(16).
310 CMR 7.18(17)....  RACT...............     9/9/82      11/9/83  48 FR 51480          53   All 100 ton per
                                                                                              year sources not
                                                                                              covered by a CTG.
                      RACT...............  .........       3/6/89  54 FR 9213    ..........  Enforceability of
                                                                                              plan approvals
                                                                                              issued under 310
                                                                                              CMR 7.18(17).
                                             6/20/89      11/3/89  54 FR 46388          81   RACT for Cranston
                                                                                              Print Works
                                                                                              Company dated June
                                                                                              20, 1989.
                                             7/12/89      11/8/89  54 FR 46895          80   RACT for Spalding
                                                                                              Corporation Plan
                                                                                              Approval dated
                                                                                              October 7, 1985
                                                                                              and amended Plan
                                                                                              Approval dated
                                                                                              July 12, 1989.
                                              8/8/89      11/8/89  54 FR 46897          82   RACT for Duro
                                                                                              Textile Printers
                                                                                              (SM-85-168-IF).
                                             6/20/89      2/21/90  55 FR 5990           79   RACT Compliance
                                                                                              Plan Conditional
                                                                                              Approval for
                                                                                              Monsanto Chemical
                                                                                              Company in Indian
                                                                                              Orchard dated 6/20/
                                                                                              89.
                                            11/17/89       8/3/90  55 FR 31590          85   RACT for Boston
                                                                                              Whaler in Norwell.
                                                                                              Amended Plan
                                                                                              Approval 4P89005
                                                                                              dated October 19,
                                                                                              1989 and Plan
                                                                                              Approval 4P89005
                                                                                              Correction dated
                                                                                              Nov. 17, 1989.
                                            11/17/89       8/3/90  55 FR 31593          86   RACT for Boston
                                                                                              Whaler in
                                                                                              Rockland. Amended
                                                                                              Plan Approval
                                                                                              (4P89006) dated
                                                                                              October 19, 1989
                                                                                              and Plan Approval
                                                                                              4P89006 Correction
                                                                                              dated November 17,
                                                                                              1989.
                      Non-CTG RACT           11/2/89     11/27/90  55 FR 34915          87   RACT for Philips
                       determination.                                                         Lighting Company
                                                                                              in Lynn, MA, dated
                                                                                              November 2, 1989.
                      RACT...............     7/9/90      2/19/91  56 FR 6569           89   RACT for General
                                                                                              Motors Corporation
                                                                                              in Framingham.
                                                                                              Amended Plan
                                                                                              Approval dated
                                                                                              June 8, 1990.

[[Page 124]]

 
                      RACT...............    6/13/90      2/27/91  56 FR 8132           88   RACT for Acushnet
                                                                                              Company, Titleist
                                                                                              Golf Division,
                                                                                              Plant A in New
                                                                                              Bedford. Amended
                                                                                              Plan Approval
                                                                                              dated June 1,
                                                                                              1990.
                      RACT...............   10/16/90      3/20/91  56 FR 11677          90   RACT for Erving
                                                                                              Paper Mills.
                      RACT...............    4/22/90      10/8/91  56 FR 50660          91   RACT amendment for
                                                                                              Erving.
310 CMR 7.18(17)....  RACT...............    5/13/91     12/14/92  57 FR 58993          95   RACT for Dartmouth
                                                                                              Finishing
                                                                                              Corporation.
310 CMR 7.18(17)....  U Reasonable          8/17/89;      1/11/93  58 FR 3495           93   Approval of 310 CMR
                       Available Control      6/7/91                                          7.18(17), (17)(a),
                       Technology.                                                            (17)(b), (17)(c),
                                                                                              (17)(d), (17)(e)
                                                                                              and (17)(f).
310 CMR 7.18(17)....  RACT...............    5/22/92      7/28/94  59 FR 38374        (99)   RACT Approval for
                                                                                              S. Bent & Bros.
310 CMR 7.18(17)....  RACT...............    7/19/93       1/6/95  60 FR 2017          100   RACT Approval for
                                                1993                                          Nichols & Stone
                                                                                              Co.
310 CMR 7.18(17)....  Reasonably             3/31/94       3/6/95  60 FR 12125         104   RACT for Brittany
                       Available Control                                                      Dyeing and
                       Technology.                                                            Finishing of New
                                                                                              Bedford, MA.
310 CMR 7.18(17)....  Reasonable             2/17/93     9/3/1999  64 FR 48304      c(117)   Adds new VOC RACT
                       available control                                                      requirements in
                       technology.                                                            the Springfield,
                                                                                              Mass. ozone
                                                                                              nonattainment area
                                                                                              only.
310 CMR 7.18(17)....  Reasonable             2/17/93      10/4/02  67 FR 62183         129   Approves VOC RACT
                       Available Control                                                      requirements for
                       Technology.                                                            the eastern
                                                                                              Massachusetts
                                                                                              ozone
                                                                                              nonattainment
                                                                                              area. (These
                                                                                              requirements were
                                                                                              previously
                                                                                              approved for the
                                                                                              western
                                                                                              Massachusetts
                                                                                              ozone
                                                                                              nonattainment
                                                                                              area.)
310 CMR 7.18(17)....  Reasonable             10/7/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for
                       Technology.                                                            Gilette.
310 CMR 7.18(17)....  Reasonable             10/7/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for
                       Technology.                                                            Norton.
310 CMR 7.18(17)....  Reasonable             4/16/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      approval for Rex.
                       Technology.
310 CMR 7.18(17)....  Reasonable             4/16/99      10/4/02  67 FR 62183         129   VOC RACT plan
                       Available Control                                                      Available for
                       Technology.                                                            Barnet.
310 CMR 7.18(18)....  Polystyrene Resin     2/21/86;      8/31/87  52 FR 32792          73   Regulation pursuant
                       Manufacture.         2/25/86;                                          to Group III CTG,
                                             6/23/86                                          ``Control of VOC
                                                                                              Emissions from the
                                                                                              Manufacture of
                                                                                              Polystyrene
                                                                                              Resins''.
310 CMR 7.18(18)....  U Polystyrene Resin   8/17/89;      1/11/93  58 FR 3495           93   Replacement of 310
                       Manufacturing          6/7/91                                          CMR 7.18(18).
                       Technology.
310 CMR 7.18(19)....  Synthetic organic     11/5/86;     11/19/87  52 FR 44395          74   ...................
                       chemical             12/10/86
                       manufacture.
310 CMR 7.18(20)....  Emission Control       2/17/93     9/3/1999  64 FR 48304      c(117)   Adds new VOC RACT
                       Plans for                                                              requirements.
                       implementa-tion of
                       reasonably
                       available control
                       technology.
310 CMR 7.18(21)....  Surface coating of     2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       plastic parts.                                                         plastic parts
                                                                                              surface coating.

[[Page 125]]

 
310 CMR 7.18(22)....  Leather surface        2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       coating.                                                               leather surface
                                                                                              coating.
310 CMR 7.18(23)....  Wood products          2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       surface coating.                                                       wood product
                                                                                              surface coating.
310 CMR 7.18(24)....  Flat wood paneling     2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       surface coating.                                                       flat wood paneling
                                                                                              surface coating.
310 CMR 7.18(25)....  Offset lithographic    2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       printing.                                                              offset
                                                                                              lithographic
                                                                                              printing.
310 CMR 7.18(26)....  Textile finishing      2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                                                                                              textile finishing.
310 CMR 7.18(27)....  Coating mixing         2/17/93     9/3/1999  64 FR 48304      c(117)   Adds VOC RACT for
                       tanks.                                                                 coating mixing
                                                                                              tanks.
310 CMR 7.18(28)....  Automotive            01/09/95      2/14/96  61 FR 5699          109   Reasonably
                       Refinishing.                                                           Available Control
                                                                                              Technology
                                                                                              Requirement (RACT)
                                                                                              for automotive
                                                                                              refinishing.
310 CMR 7.18(29)....  Bakeries...........   03/29/95       7/5/00  65 FR 41346         110   Reasonably
                                                                                              Available Control
                                                                                              Technology
                                                                                              Requirement (RACT)
                                                                                              for bakeries.
310 CMR 7.19........  Interim sulfur-in-     9/12/80      3/19/81  46 FR 17551          37   Energy/environment
                       fuel limitations                                                       initiative.
                       for fossil fuel
                       utilization
                       facilities pending
                       conversion to an
                       alternate fuel or
                       implementation of
                       permanent energy
                       conservation
                       measures.
                                            12/29/81      4/13/82  47 FR 15790          46   ATF Davidson
                                                                                              Company,
                                                                                              Northbridge, MA
                                                                                              temporary sulfur-
                                                                                              in-fuel revision
                                                                                              until 12/1/83.
                                             9/28/82      12/1/82  47 FR 54072          52   Polaroid Corp.,
                                                                                              Waltham, MA
                                                                                              temporary sulfur/
                                                                                              in/fuel relaxation
                                                                                              until 6/1/85.
                                           .........       6/2/83  48 FR 24689          52   Correction notice.
                                             9/29/82     11/23/82  47 FR 52704          51   Northeast Petroleum
                                                                                              Corp., Chelsea, MA
                                                                                              sulfur content
                                                                                              increase from 0.28
                                                                                              to 0.55 lbs/mBtu
                                                                                              heat release
                                                                                              potential
                                                                                              permanently.
                                              4/4/83      3/23/84  49 FR 11092          59   Stanley Woolen Co.,
                                                                                              Uxbridge, to burn
                                                                                              2.2% until 9/23/
                                                                                              86.
                                            10/31/83      3/23/84  49 FR 11091          61   Reed and Barton
                                                                                              Silversmiths,
                                                                                              Taunton, to burn
                                                                                              2.2% until 9/23/
                                                                                              86.
                                            11/16/83      7/30/84  49 FR 30306          62   ATF Davidson
                                                                                              Company,
                                                                                              Northbridge, to
                                                                                              burn 2.2%
                                                                                              permanently.
                                              2/2/84      6/15/84  49 FR 24723          63   American Biltrite
                                                                                              Corporation,
                                                                                              Chelsea, to burn
                                                                                              1.0% until 12/15/
                                                                                              86.
                                             7/11/84      9/25/84  49 FR 37591          67   James River
                                                                                              Corporation, Hyde
                                                                                              Park Mill, Boston
                                                                                              to burn 2.2% until
                                                                                              3/25/87.
                                             2/8/85,       4/1/86  51 FR 11021          68   Phillips Academy,
                                            10/23/85                                          Andover, MA to
                                                                                              burn 2.2% until
                                                                                              September 1, 1988.

[[Page 126]]

 
                      Interim sulfur-in-     2/19/86      8/12/86  51 FR 28814          70   Mary Ellen
                       fuel limitations                                                       McCormick and
                       for fossil fuel                                                        Malverick Family
                       utilities pending                                                      Development
                       conversion to an                                                       facilities in the
                       alternative fuel                                                       Boston Housing
                       or implementation                                                      Authority, Boston
                       of permanent                                                           to burn 2.2% until
                       energy                                                                 February 12, 1989.
                       conservation
                       measures.
                                             5/12/86     11/25/86  51 FR 42565          71   Mission Hill
                                                                                              Extension Family
                                                                                              Development
                                                                                              facility, in the
                                                                                              Boston Housing
                                                                                              Authority, Boston,
                                                                                              MA to burn 2.2%
                                                                                              until May 25,
                                                                                              1989.
310 CMR 7.19........  NOX RACT...........    7/15/94       9/2/99  64 FR 48098         119   NOX RACT
                                                                                              regulations.
310 CMR 7.19........  NOX RACT...........    10/4/96       9/2/99  64 FR 48098         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Specialty
                                                                                              Minerals,
                                                                                              Incorporated.
310 CMR 7.19........  NOX RACT...........    12/2/96       9/2/99  64 FR 48098         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Monsanto Company's
                                                                                              Indian Orchard
                                                                                              facility.
310 CMR 7.19........  NOX RACT...........    4/16/99       9/2/99  64 FR 48098         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Turners Falls
                                                                                              Limited
                                                                                              Partnership/Indeck
                                                                                              Energy Services
                                                                                              Turners Falls,
                                                                                              Inc., in Montague.
310 CMR 7.19........  NOX RACT...........    4/16/99       9/2/99  64 FR 48099         119   Facility specific
                                                                                              NOX RACT for
                                                                                              Medusa Minerals
                                                                                              Company in Lee.
310 CMR 7.19........  NOX RACT...........    4/16/99       9/2/99  64 FR 48099         119   Approval of the
                                                                                              replacement of
                                                                                              section 310 CMR
                                                                                              7.19(1)(c)1,
                                                                                              (1)(c)8, (2)(b),
                                                                                              (3)(a), (3)(c)2,
                                                                                              (4)(a)3.b,
                                                                                              (7)(a)4, (9),
                                                                                              (13)(a), (13)(a)3,
                                                                                              (13)(a)9, and
                                                                                              (13)(a)13.
310 CMR 7.19 (2)(d).  Generic NOX            3/29/95       8/8/96  61 FR 41338         112   Adds credit
                       bubbling and                                                           creation option
                       trading for RACT                                                       for NOX RACT
                       sources.                                                               sources.
310 CMR 7.19 (2)(g).  Generic NOX            3/29/95       8/8/96  61 FR 41338         112   Adds credit use
                       bubbling and                                                           option for NOX
                       trading for RACT                                                       RACT sources.
                       sources.
310 CMR 7.19(13)(b).  Continuous            11/19/99     12/27/00  65 FR 81747         124   revisions to
                       Emissions                                                              regulatory
                       Monitoring Systems.                                                    language.
310 CMR 7.19 (14)...  Generic NOX            3/29/95       8/8/96  61 FR 41338         112   Adds
                       bubbling for RACT                                                      quantification,
                       sources.                                                               testing,
                                                                                              monitoring, record
                                                                                              keeping,
                                                                                              reporting, and
                                                                                              emission control
                                                                                              plan requirements
                                                                                              for averaging NOX
                                                                                              RACT sources.
310 CMR 7.24(5)(b)2.  Revision to           10/16/89      4/19/90  55 FR 14832          83   ...................
                       gasoline
                       volatility testing
                       regulation.
310 CMR 7.24........  U Organic Material     6/7/91,      6/30/93  58 FR 34911          58   Replacement of 310
                       Storage and         11/13/92,                                          CMR 7.24, 7.24(1),
                       Distribution.         2/17/93                                          7.24(2), 7.24(3),
                                                                                              and 7.24(4).
310 CMR 7.24(3).....  Distribution of        2/17/93     9/3/1999  64 FR 48304      c(117)   Amends distribution
                       motor vehicle fuel.                                                    of motor fuel
                                                                                              requirements,
                                                                                              applicability,
                                                                                              recordkeeping and
                                                                                              testing
                                                                                              requirements.

[[Page 127]]

 
310 CMR 7.24(6).....  ``Dispensing of      05/17/90,     12/14/92  57 FR 58996          97   ...................
                       Motor Vehicle        06/07/91
                       Fuel'' (Stage II).
310 CMR 7.24(6).....  Dispensing of motor    2/17/93      9/15/93  58 FR 48318          98   Previous version of
                       vehicle fuel.                                                          rule approved as
                                                                                              strengthening the
                                                                                              Massachusetts SIP.
                                                                                             Revised rule being
                                                                                              approved as
                                                                                              meeting the Clean
                                                                                              Air Act
                                                                                              requirements.
310 CMR 7.24(6).....  Dispensing Motor      08/09/00     12/18/00  65 FR 78976         116   Rule revised to
                       Vehicle Fuel.        09/11/00                                          include annual
                                                                                              compliance testing
                                                                                              and certification.
310 CMR 7.24(8).....  Marine Volatile       10/17/97      4/11/00  65 FR 19326         115   ...................
                       Organic Liquid
                       Transfer.
310 CMR 7.25........  Best available        11/18/94     12/19/95  60 FR 65242         108   Includes
                       controls for                                                           architectural &
                       consumer and                                                           industrial
                       commercial                                                             maintenance
                       products.                                                              coatings.
310 CMR 7.25........  Best Available         7/30/96      4/11/00  65 FR 19327         115   Definition of
                       Controls for                                                           ``waterproofing
                       Consumer and                                                           sealer'' revised.
                       Commercial
                       Products.
310 CMR 7.27........  NOX Allowance         12/19/97       6/2/99  64 FR 29569    (c)(118)   Approval of NOx cap
                       Program.                                                               and allowance
                                                                                              trading
                                                                                              regulations
                                            11/19/99     12/27/00  65 FR 81747         124   adding paragraphs
                                                                                              7.27(6)(m),
                                                                                              7.27(9)(b),
                                                                                              7.27(11)(o),
                                                                                              7.27(11)(p) and
                                                                                              7.27(15)(e).
310 CMR 7.28........  NOX Allowance          January     12/27/00  65 FR 81747         124   ...................
                       Trading Program.      7, 2000
310 CMR 7.30........  Massport/Logan        12/26/00    March 12,  66 FR 14319         130   Applies to the
                       Airport Parking                       2001                             parking of motor
                       Freeze.                                                                vehicles on
                                                                                              Massport property.
310 CMR 7.31........  City of Boston/East   12/26/00    March 12,  66 FR 14319         130   Applies to the
                       Boston Parking                        2001                             parking of motor
                       Freeze.                                                                vehicles within
                                                                                              the area of East
                                                                                              Boston.
310 CMR 7.33........  City of Boston/        7/30/93     10/15/96  61 FR 53633         111   Applies to the
                       South Boston                                                           parking of motor
                       Parking Freeze.                                                        vehicles within
                                                                                              the area of South
                                                                                              Boston, including
                                                                                              Massport property
                                                                                              in South Boston.
310 CMR 7.36........  Transit system         12/9/91      10/4/94  59 FR 50498         101   Transit system
                       improvements                                                           improvement
                       regulations.                                                           regulation for
                                                                                              Boston
                                                                                              metropolitan area.
310 CMR 7.37........  High occupancy         12/9/91      10/4/94  59 FR 50498         101   High occupancy
                       vehicle lanes                                                          vehicle lanes
                       regulation.                                                            regulation for
                                                                                              Boston
                                                                                              metropolitan area.
310 CMR 7.38........  Tunnel vent            1/30/91      10/8/92  57 FR 46312          96   Tunnel ventilation
                       certification                                                          certification
                       regulation.                                                            regulation for
                                                                                              Boston
                                                                                              metropolitan area.
310 CMR 7.40........  Low emission          11/15/93       2/1/95  60 FR 6030          103   Substitute for
                       vehicle.             05/11/94                                          CFFP.
310 CMR 7.40........  Low Emission          12/24/99     12/23/02  67 FR 78181         132   ``Low Emission
                       Vehicle Program.                                                       Vehicle Program''
                                                                                              (LEV II) except
                                                                                              for 310 CMR
                                                                                              7.40(2)(a)5, 310
                                                                                              CMR 7.40(2)(a)6,
                                                                                              310 CMR
                                                                                              7.40(2)(c)3, 310
                                                                                              CMR 7.40(10), and
                                                                                              310 CMR 7.40(12)

[[Page 128]]

 
310 CMR 7.50........  Variances,             9/14/74      10/8/76  41 FR 44395           7   ...................
                       regulations for
                       control of air
                       pollution in the
                       six MA APCDs.
                                             9/14/74       2/4/77  42 FR 6812            7   Correction.
310 CMR 7.51........  Hearings relative      8/28/72     10/28/72  37 FR 23085           4   ...................
                       to orders and
                       approvals.
310 CMR 7.52........  Enforcement            8/28/72     10/28/72  37 FR 23085           4   ...................
                       provisions.
310 CMR 8...........  Regulations for the    2/22/72     10/28/72  37 FR 23085           1   ...................
                       prevention and/or
                       abatement of air
                       pollution episode
                       and air pollution
                       incident
                       emergencies.
                                            12/30/76       9/2/77  42 FR 44235          12   Changes significant
                                                                                              harm and alert
                                                                                              levels.
310 CMR 8.02........  Definitions........    7/25/90     10/04/02  67 FR 62187         120   Add a definition of
                                                                                              PM10.
310 CMR 8.03........  Criteria...........    7/25/90     10/04/02  67 FR 62187         120   Make PM10 the
                                                                                              particulate
                                                                                              criteria for
                                                                                              determining
                                                                                              emergeny episodes.
310 CMR 60.02.......  Regulations for the    5/14/99     11/15/00  65 FR 68900         122   Replaces
                       enhanced Motor                                                         requirements for I/
                       Vehicle Inspection                                                     M tests with
                       and Maintenance                                                        enhanced I/M test
                       Program.                                                               requirements.
540 CMR 4.00........  Periodic Annual        5/13/99     11/15/00  65 FR 68900         122   Revises
                       Staggered Safety                                                       Requirements for
                       and Emissions                                                          Inspections and
                       Inspection of                                                          Enforcement of I/M
                       Motor Vehicles.                                                        Program
----------------------------------------------------------------------------------------------------------------
Notes:
1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have
  been part of the Federal SIP before this date.
2. The regulations are effective statewide unless stated otherwise in comments or title section.


[49 FR 49454, Dec. 20, 1984]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1167, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1168  Certification of no sources.

    The Commonwealth of Massachusetts has certified to the satisfaction 
of EPA that no sources are located in the Commonwealth which are covered 
by the following Control Techniques Guidelines:
    (a) Large Petroleum Dry Cleaners.
    (b) Natural Gas/Gasoline Processing Plants.
    (c) Air Oxidation Processes/SOCMI.
    (d) Polypropylene/Polyethylene Manufacturing.

[52 FR 32792, Aug. 31, 1987]



Sec. 52.1168a  Part D--Disapproval of Rules and Regulations.

    On December 30, 1985, the Massachusetts Department of Environmental 
Quality Engineering (DEQE) submitted a revision to the Massachusetts 
State Implementation Plan (SIP) for the automobile surface coating 
regulation. This revision requested an extension of the final compliance 
dates to implement reasonably available control technology (RACT) on 
topcoat and final repair applications. As a result of EPA's disapproval 
of this revision, the existing compliance date of December 31, 1985 
specified in the automobile surface coating regulation contained in

[[Page 129]]

the Massachusetts SIP will remain in effect (Massachusetts Regulation 
310 CMR 7.18(7) as approved by EPA and codified at 40 CFR 52.1120(c)(30) 
and (53)).

[53 FR 36014, Sept. 16, 1988]



Sec. 52.1169  Stack height review.

    The Commonwealth of Massachusetts has declared to the satisfaction 
of EPA that no existing emission limitations have been affected by stack 
height credits greater than good engineering practice or any other 
prohibited dispersion technique as defined in EPA's stack height 
regulations, as revised on July 8, 1985. This declaration was submitted 
to EPA on April 8, 1986. The commonwealth has further declared in a 
letter from Bruce K. Maillet, dated June 24, 1986, that, ``[A]s part of 
our new source review activities under the Massachusetts SIP and our 
delegated PSD authority, the Department of Environmental Quality 
Engineering will follow EPA's stack height regulations, as revised in 
the Federal Register on July 8, 1985 (50 FR 27892).'' Thus, the 
Commonwealth has satisfactorily demonstrated that its regulations meet 
40 CFR 51.118 and 51.164.

[52 FR 49407, Dec. 31, 1987]



                           Subpart X_Michigan



Sec. 52.1170  Identification of plan.

    (a) Title of plan: ``Implementation Plan for the Control of 
Suspended Particulates Sulfur Oxides, Carbon Monoxide, Hydrocarbons, 
Nitrogen Oxides, and Photochemical Oxidants in the State of Michigan.''
    (b) The plan was officially submitted on February 3, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Re-evaluation of control strategies for Berrien and Ingham 
Counties were submitted on March 3, 1972, by the State Air Pollution 
Office.
    (2) Amendments to the Michigan air pollution rules for the control 
of SO2 emissions (Part 3) and the prevention of air pollution 
episodes (Part 6) submitted by the Governor on March 30, 1972.
    (3) An amendment to the Grand Rapids air pollution ordinance 
(section 9.35 and section 9.36) was submitted on May 4, 1972, by the 
Grand Rapids Department of Environmental Protection.
    (4) Reasons and justifications concerning general requirements of 
control strategy for nitrogen dioxide, compliance schedules, and review 
of new sources and modifications submitted on July 12, 1972, by the 
Governor.
    (5) A letter from the State Department of Public Health submitted on 
July 24, 1972, described how emissions data would be made available to 
the public.
    (6) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on February 16, 1973.
    (7) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on May 4, 1973.
    (8) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on September 19, 1973.
    (9) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on October 23, 1973.
    (10) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources on December 13, 1973.
    (11) Air Quality Maintenance Area identifications were submitted on 
June 27, 1974, by the State of Michigan Department of Natural Resources.
    (12) Air Quality Maintenance Area identifications were submitted on 
October 18, 1974, by the State of Michigan Department of Natural 
Resources.
    (13) Provisions to disapprove an installation permit if the 
applicant source would interfere with the attainment or maintenance of 
national air quality standards were submitted by the Governor on January 
25, 1974.
    (14) Order extending the final compliance dates for meeting the 
sulfur dioxide emission limitation was submitted by the Michigan 
Department of Natural Resources for the Karn, Weadock and Cobb Plant 
Units of the Consumers Power Co.
    (15) Order extending compliance date for meeting the sulfur dioxide 
emission limitation was submitted by the State

[[Page 130]]

of Michigan Department of Natural Resources for the Detroit Edison 
Company, Monroe County Plant on December 12, 1977.
    (16) On April 25, 1979, the State submitted its nonattainment area 
plan for areas designated nonattainment as of March 3, 1978 and as 
revised on October 5, 1978. This submittal contained Michigan's Part D 
attainment plans for particulate matter, carbon monoxide, sulfur 
dioxide, transportation and new source review, plus a copy of Michigan's 
existing and proposed regulations. USEPA is not taking action at this 
time to include in the federally approved SIP certain portions of the 
submittal: Provisions in R 336.1310 concerning open burning; 336.1331, 
insofar as it may pertain to process sources in the iron and steel 
category and site specific revisions; 1349, 1350, 1351, 1352, 1353, 
1354, 1355, 1356 and 1357 as they pertain to specific iron and steel 
source operations; Part 5, Extension of Sulfur Dioxide Compliance Date 
for Power Plants Past January 1, 1980; Part 7, Emission Limitations and 
Prohibitions--New Sources of Volatile Organic Compound Emissions; 
R336.1701-1710 controlling minor sources of volatile organic compounds; 
Part 11, Continuous Emission Monitoring; Part 13, Air Pollution 
Episodes; Part 16, Organization and Procedures; and Part 17, Hearings.
    (17) On October 12, 1979, the State submitted comments and 
commitments in response to USEPA's notice of proposed rulemaking.
    (18) On January 9, 1980, the State submitted a copy of the finally 
adopted rules of the Commission. These rules became fully effective on 
January 18, 1980. These finally adopted rules are identical to the rules 
submitted on April 25, 1979, as part of Michigan's Part D nonattainment 
area plan except for a modification in the numbering system. Paragraph 
(c)(16) of this subpart identifies those rules on which USEPA has not 
taken action.
    (19) On February 6, 1980, the State submitted the visible emission 
test method for stationary sources referenced in Rule 336.1303 as being 
on file with the Michigan Air Pollution Control Commission. On March 7, 
1980, the State submitted clarifications to the visible emissions test 
method.
    (20) On March 31, 1980, the State submitted revisions to the 
conditional approval schedules for total suspended particulates.
    (21) On July 25, 1979, the State submitted the official ozone 
attainment plan as part of the State Implementation Plan.
    (22) On October 26, 1979, the State submitted comments and revisions 
to the transportation plans and vehicle inspection/maintenance portions 
of the State Implementation Plan for ozone in response to USEPA's notice 
of proposed rulemaking (45 FR 47350).
    (23) On November 8, 1979, the State submitted revisions to the ozone 
attainment plan.
    (24) On December 26, 1979, the State submitted comments and 
additional information from the lead local agencies on the 
transportation control plans for the Flint, Lansing, Grand Rapids and 
Detroit urban areas.
    (25) On May 12, 1980, the State submitted corrections and comments 
in response to USEPA's notice of proposed rulemaking (45 FR 25087).
    (26) On March 20, 1980, the State submitted commitments and 
additional revisions to the Inspection/Maintenance program for the 
Detroit urban area.
    (27) On February 23, 1979, compliance schedules were submitted by 
the State of Michigan, Department of Natural Resources to USEPA for the 
Detroit Edison, St. Clair Power Plant. Additional material concerning 
the Final Order issued to the Detroit Edison, St. Clair Power Plant was 
submitted on June 17, 1979 and August 14, 1979.
    (28) On August 22, 1979, the State of Michigan submitted to USEPA an 
Administrative Order, for the Lansing Board of Water and Light (Order 
No. 4-1979, adopted May 23, 1979). In letters dated February 13, 1980 
and April 1, 1980, the State of Michigan withdrew certain paragraphs 
(sections A, B, C1, D, E, F, and G) of the Order from consideration by 
USEPA.
    (29) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources to USEPA on October 26, 1979, for the 
Dundee Cement Company, Monroe

[[Page 131]]

County (Michigan Final Order, APC No. 08-1979, adopted October 17, 
1979).
    (30) On July 26, 1979, the State of Michigan submitted to USEPA a 
revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell 
Plant. The revision is a Final Order (No. 05-1979) extending the 
compliance date until January 1, 1985 for the Campbell Plant to meet the 
sulfur dioxide emission limitations in Rule 336.49. On February 14, 
1980, the State of Michigan submitted to USEPA an amendment to Order No. 
05-1979.
    (31) Compliance schedules were submitted by the State of Michigan, 
Department of Natural Resources to USEPA on November 13, 1979, for the 
S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09-
1979, adopted October 31, 1979).
    (32) On December 19, 1979, the State of Michigan submitted a 
revision to provide for modification of the existing air quality 
surveillance network.
    (33) On December 10, 1979, the State of Michigan submitted to USEPA 
a Final Order (APC No. 6-1979) issued by the Michigan Air Pollution 
Control Commission to the Consumers Power Company B.C. Cobb Plant. The 
Order requires the source to utilize 2.5% sulfur on an annual basis 
until January 1, 1985 when the company must meet the sulfur dioxide 
(SO2) emission limitation in Michigan Rule 336.1401.
    (34) On January 8, 1980, the State of Michigan submitted to USEPA a 
Final Order (APC No. 14-1979) requested of the Michigan Air Pollution 
Control Commission (MAPCC) by the Union Camp Corporation in Monroe 
County, Michigan. The Order permitted the Union Camp Corporation to burn 
2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily 
average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980 
until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on 
an annual average and 4.0% sulfur fuel daily average. Beginning July 1, 
1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur 
fuel annual average and 3.5% sulfur fuel daily average. After January 1, 
1985; the Company has agreed to comply with the SO2 emission 
limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.
    (35) On August 4, 1980 and August 8, 1980, the State of Michigan 
submitted to EPA additional information on the transportation control 
plan for the Niles, Michigan urbanized area.
    (36) On January 10, 1980, the State of Michigan submitted to USEPA a 
Final Order (APC No. 16-1979) issued by the Michigan Air Pollution 
Control Commission to the Northern Michigan Electric Cooperative Advance 
Steam Plant. The Order allows the source to continue burning 2.0% sulfur 
coal (maximum daily average) until January 1, 1985 when the Company must 
meet the sulfur dioxide (S02) emission limitations in Michigan Rule 
336.1401.
    (37) On November 26, 1980, the State submitted a schedule to correct 
plan deficiencies cited by USEPA in its September 9, 1980 notice of 
proposed rulemaking on a portion of Michigan's Part D TSP control 
strategy pertaining to iron and steel sources. On April 1, 1981, the 
State submitted a revised schedule. USEPA has not taken action on the 
schedule submitted by the State.
    (38) On April 10, 1981 the Governor of Michigan committed to 
annually administer and submit the questionnaire developed for the 
purposes of section 128.
    (39) On July 28, 1980, the State of Michigan submitted to EPA, as 
revisions to the Michigan SIP, amendments to Rules 283 and 610 of the 
Michigan Air Pollution Control Commission.
    (40) Revised compliance schedules were submitted by the State of 
Michigan, Department of Natural Resources (MDNR) to EPA on January 14, 
1981, for the Dundee Cement Company, Monroe County (Michigan Final 
Order, APC No. 16--1980, adopted November 19, 1980). The revised Order 
provides an earlier final compliance date of December 31, 1980 for 
reducing the particulate matter emissions to 0.20 pounds per 1,000 
pounds of exhaust gases and December 31, 1981 for visible emission 
reductions from the Company's cement kilns.
    (41) On April 25, 1979, the State submitted materials which satisfy 
the intergovernmental consultation process.
    (42) On July 28, 1980, the State submitted an amendment to Michigan 
Air

[[Page 132]]

Pollution Control Commission Rule 221 which exempts minor sources of 
particulate matter and sulfur dioxide from the offset requirements.
    (43) On August 25, 1981, the State of Michigan, Department of 
Natural Resources (MDNR), submitted to EPA Consent Order No. 16-1981 for 
the Marathon Oil Company in Muskegon County. Consent Order No. 16-1981 
satisfies USEPA's conditional approval of R336.1603 by providing 
detailed compliance schedules containing the increments of progress 
required by 40 CFR 51.15.
    (44) On September 1, 1981, the State of Michigan, Department of 
Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220 
requiring offsets in ozone nonattainment areas to exempt the same 
compounds listed in EPA's Federal Register of July 22, 1980 (45 FR 
48941). The revised R336.1220 also allows offsets of emissions for new 
sources in any of the seven counties in the southeastern Michigan ozone 
nonattainment area to be obtained from any of those counties, not just 
the county in which the new source is locating (Wayne, Oakland, Macomb, 
St. Clair, Washtenaw, Livingston, and Monroe).
    (45) On May 24, 1980, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 10-1979 for the Buick 
Motor Division Complex (BMDC) of the Buick Motors Division, General 
Motors Corporation. The BMDC is located in the City of Flint, Genesee 
County, a primary nonattainment area. On December 2, 1980, supplementary 
information was submitted by MDNR. The Consent Order contains 
enforceable emission limitations and control measures for the attainment 
of the primary TSP standards in Genesee County by December 31, 1982.
    (46) On July 17, 1980, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 01-1980 for the Grey 
Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet 
Motor Division, General Motors Corporation. The two plants are located 
in Saginaw County, a primary nonattainment area. On September 5, 1980 
and February 6, 1981, supplementary information was submitted by MDNR. 
The Consent Order contains enforceable emission limitations and control 
measures for the attainment of the primary TSP standards in Saginaw 
County by December 31, 1982.
    (47) On March 4, 1981, the State of Michigan, Department of Natural 
Resources (MDNR) submitted Consent Order APC No. 12-1980 for the New 
Haven Foundry located in Macomb County, a secondary nonattainment area. 
The Consent Order contains enforceable emission reductions to achieve 
the secondary TSP standards by June 30, 1985.
    (48) On May 1, 1981, the State of Michigan, through the Department 
of Natural Resources, submitted Consent Order 07-1981 for the Detroit 
Edison Company, Boulevard Heating Plant located in the City of Detroit, 
Wayne County. Under Michigan Rule 336.1331(1)(a), the plant was 
restricted to a particulate emission limit of 0.45 pounds of particulate 
per 1000 pounds flue gas or an equivalent of 410 tons per year. The 
Consent Order, pursuant to Michigan Rule 333.1331(1)(d), establishes a 
new limitation for the Boulevard Plant of 0.65 pounds per 1000 pounds of 
flue gas with a daily limit of 0.9 tons per day and 10 tons per year.

Pursuant to the provisions of 5 U.S.C. 605(b), the Administrator 
certified on January 27, 1981 (46 FR 8709) that the attached rule will 
not have a significant economic impact on a substantial number of small 
entities.
    (49) On March 7, 1980 and April 21, 1981 the State of Michigan 
submitted particulate studies for the Detroit area. These studies 
satisfy EPA's conditional approval and the State's commitment.
    (50) On October 22, 1981, the State of Michigan submitted as a SIP 
revision Consent Order No. 17-1981, between Conoco, Inc., and the 
Michigan Air Pollution Control Commission. The Consent Order establishes 
a compliance schedule for Conoco, Inc. to achieve the Volatile Organic 
Compounds (VOC) limitations in R336.1609 by December 31, 1982.
    (51) On December 27, 1979, the State of Michigan, Department of 
Natural Resources (MDNR), submitted to EPA a revision to the State 
Implementation

[[Page 133]]

Plan (SIP) for Lead. On February 9, 1981, the State of Michigan 
submitted a letter clarifying provisions of its Lead SIP. The SIP 
provides for the implementation of measures for controlling lead 
emissions for the attainment and maintenance of the national ambient air 
quality standards for lead in Michigan by October 31, 1982.
    (52) On June 26, 1981, the State of Michigan, Department of Natural 
Resources, submitted to EPA Consent Order No. 12-1981 for controlling 
particulate emissions from the liquid waste incinerator in Building 830 
at the Dow Chemical Company's Midland plant. The Consent Order provides 
a schedule which establishes a final particulate emissions compliance 
date of October 1, 1982.
    (53) On August 24, 1981, the State of Michigan, Department of 
Natural Resources, submitted to EPA Consent Order APC No. 19-1981 for 
controlling particulate emissions from Dow's West Side and South Side 
powerplants. On October 16, 1981, the State of Michigan submitted a 
letter to EPA clarifying specific sections intended for EPA's rulemaking 
action. All particulate emission sources at Dow must comply with various 
parts of Michigan's SIP by December 31, 1985. The Consent Order does not 
interfere with the attainment of the primary particulate NAAQS standard 
by December 31, 1982 or the secondary particulate NAAQS by October 1, 
1984.
    (54) On December 16, 1981, the State of Michigan submitted to EPA 
Consent Order APC No. 21-1981 for the Monitor Sugar Company. Consent 
Order APC No. 21-1981 provides for additional controls on its coal-fired 
boilers, 1, 2, 3, and 4 and establishes a final compliance date of 
October 15, 1982 for attaining the primary National Ambient Air Quality 
Standards.
    (55) On January 7, 1982, the State of Michigan submitted to EPA 
Consent Order APC No. 23-1981 for the Traverse City Board of Light and 
Power. Consent Order APC No. 23-1981 limits the company's operation of 
its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides 
for additional controls on its No. 4 coal-fired boiler; and establishes 
a final compliance date of December 31, 1982.
    (56) On September 2, 1981, the State of Michigan submitted a 
revision to the ozone plan consisting of RACT requirements for the 
control of volatile organic compound emissions from stationary 
industrial sources (Group II) referenced in Rules R336.1101-3, 5-9, 14-
16, 18-21, 23; R336.1601, 3-4, 10, 19-27; and R336.2005.
    (57) On March 3, 1982, the State of Michigan submitted a 
modification to its schedule for submitting by December 31, 1982 
regulations developed to correct the State's deficiencies in its Part D 
State Implementation Plan for the attainment of the total suspended 
particulate air quality standards in its nonattainment areas containing 
iron and steel sources.
    (58) On December 16, 1981, the State of Michigan submitted as a SIP 
revision consent order APC No. 18-1981 between General Motors 
Warehousing and Distribution Division and the Michigan Air Pollution 
Control Commission. On March 16, 1982, Michigan submitted an amendment 
to consent order APC No. 18-1981. The Consent Order provides a one year 
extension from October 15, 1982 until October 15, 1983 for the Company's 
No. 1 and No. 2 boilers and establishes a compliance date of October 15, 
1981, for boilers 3 and 4. The Consent Order contains a schedule for 
compliance which specifies emission limits of 0.45 pounds of particulate 
per 1,000 pounds of gas as required in Michigan's rule 336.1331(c) Table 
31.
    (59) [Reserved]
    (60) On April 5, 1982, the State of Michigan submitted Consent Order 
APC No. 02-1980 along with alterations to Section 5(D) of the Consent 
Order for the Hayes-Albion foundry in Calhoun County. The Consent Order 
contains control measures beyond the present requirements of Michigan's 
R336.1301 and R336.1331 for Total Suspended Particulate (TSP) emissions 
and evaluation methods for determining significant particulate emission 
sources from the foundry. On June 18, 1982, the State of Michigan also 
submitted a Fugitive Dust Control Plan and a Malfunction Abatement Plan 
for the Hayes-Albion foundry. On September 21, 1982, the State of 
Michigan

[[Page 134]]

formally submitted Permits 314-79 and 375-79 for the American Colloid 
Plant.
    (61) On March 6, 1981, the State of Michigan submitted as a SIP 
revision general rules for fugitive dust control. These rules were 
approved by the Michigan Air Pollution Control Commission on January 20, 
1981, and became effective at the State level on February 17, 1981. On 
January 25, 1982, May 3, 1982, and August 24, 1982, Michigan submitted 
additional information and commitments. The submittal of March 6, 1981, 
along with the additional information and commitments satisfies the 
State's commitment to submit industrial fugitive dust regulations that 
represent reasonably available control techniques for industrial 
fugitive dust sources.
    (62) On July 28, 1982, the State of Michigan submitted Consent Order 
No. 06-1981 for the Clark Oil and Refining Corporation for volatile 
organic com pound (VOC) emissions. This revision is a detailed 
compliance schedule containing increments of progress with a final 
compliance date of December 31, 1982 and an emission limitation of 0.7 
pound of organic vapor per 1000 gallons of organic compound load.
    (63) On September 8, 1982, the State of Michigan submitted as a SIP 
revision Consent Order No. 03-1982, between the Hydra-Matic Division, 
General Motors Corporation and the Michigan Air Pollution Control 
Commission. The Consent Order establishes a compliance schedule 
containing increments of progress dates and a final date of November 1, 
1982 for Boiler No. 5 to comply with Michigan's R336.331.
    (64) On September 21, 1982, the State of Michigan submitted as a SIP 
revision Consent Order No. 13-1982, between the Diamond Crystal Salt and 
the Michigan Air Pollution Control Commission, the Consent Order 
establishes a compliance schedule containing increments of progress 
dates and a final date of December 18, 1982 for Boiler No. 5 to comply 
with Michigan's R336.331.
    (65) [Reserved]
    (66) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision consent order No. 08-1982, 
between the General Motors, Buick Motor Division and the Michigan Air 
Pollution Control Commission. The Consent Order establishes a Volatile 
Organic Com pound (VOC) emissions compliance schedule as required under 
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance 
date for surface coating operations until December 31, 1987. On November 
29, 1982, and March 10, 1983, the State submitted additional 
information.
    (67) On September 8, 1982, the State of Michigan submitted Consent 
Order No. 09-1982, between the General Motors, Fisher Body Division and 
the Michigan Air Pollution Control Commission as a State Implementation 
Plan (SIP) revision. The Consent Order establishes a Volatile Organic 
Com pound (VOC) emission compliance schedule as required under 
Michigan's Rule 336.1603 and 336.1610, and extends the compliance date 
for surface coating operations until December 31, 1987. On November 29, 
1982, and March 10, 1983, the State submitted additional information.
    (68) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 10-1982, 
between Chevrolet Truck Assembly and the Michigan Air Pollution Control 
Commission. The Consent Order establishes a Volatile Organic Compound 
(VOC) emission compliance schedule as required under Michigan's Rule 
336.1603 and 336.1610, and extends the compliance date for surface 
coating operations until December 31, 1987. On November 29, 1982, and 
March 10, 1983, the State submitted additional information.
    (69) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 11-1982, 
between the General Motors Fisher Body Division, Fleetwood Plant and the 
Michigan Air Pollution Control Commission. On March 10, 1983, the State 
submitted additional information for this SIP revision. The Consent 
Order establishes a Volatile Organic Compound (VOC) emissions compliance 
schedule as required under Michigan's Rules 336.1603 and 336.1610, and 
extends the final compliance date for surface coating operations until 
December 31, 1987.

[[Page 135]]

    (70) On September 8, 1982, the State of Michigan submitted as a 
State Implementation Plan (SIP) revision Consent Order No. 12-1982, 
between the General Motors, Cadillac Motors Car Division and the 
Michigan Air Pollution Control Commission. On March 10, 1983, the State 
submitted additional information for this SIP revision. The Consent 
Order establishes a Volatile Organic Compound (VOC) emission compliance 
schedule as required under Michigan's Rule 336.1603 and R336.1610, and 
extends the compliance date for surface coating operations until 
December 31, 1987.
    (71) On September 1, 1982, the State of Michigan submitted a request 
to reduce the size of the ozone demonstration area for Southeast 
Michigan from the seven-county area of Wayne, Oakland, Macomb, 
Livingston, Monroe, St. Clair and Washtenaw to a three-county area 
consisting of Wayne, Oakland, and Macomb Counties.
    (72) On November 18, 1982, the State of Michigan submitted Consent 
Order APC No. 06-1980, along with alterations for the General Motors 
Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant 
in the City of Saginaw, County of Saginaw as a revision to the Michigan 
SIP. Consent Order No. 06-1980, as amended, reflects an interim and 
final particulate emission limit more stringent than Michigan's rule 
336.1331; extends the final date of compliance with Michigan's Rule 
336.1301 for opacity on the oil quench facilities from December 31, 
1982, to December 15, 1983, which is as expeditiously as practicable and 
before the July 31, 1985, attainment date for the secondary TSP NAAQS in 
Michigan.
    (73) On June 30, 1983, the State of Michigan submitted as a State 
Implementation Plan (SIP) revision. Consent Order No. 4-1983 between the 
General Motors Corporation's Oldsmobile Division and the Michigan Air 
Pollution Control Commission. The Consent Order establishes a Volatile 
Organic Compound (VOC) emissions compliance schedule as required under 
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance 
dates for prime, primer-surfacer, topcoat, and final repair operations 
until December 31, 1987.
    (74) On June 30, 1983, the State of Michigan submitted as a State 
Implementation Plan (SIP) revision. Consent Order No. 5-1983, between 
the General Motors Corporation's Assembly Division and the Michigan Air 
Pollution Control Commission. The Consent Order established a Volatile 
Organic Compound (VOC) emission compliance schedule as required under 
Michigan's Rule 336.1603 and R336.1610, and provides interim compliance 
limits to be achieved by December 31, 1984, and extends the final 
compliance dates for topcoating and final repair coating operations 
until December 31, 1987.
    (75) On October 4, 1983, the State of Michigan submitted: (1) A 
revised Consent Order APC No. 12-1979 between CWC Castings Division of 
Textron and the Michigan Air Pollution Control Commission and (2) 
Article 14, Section J of the Muskegon County APC Rules. Consent Order 
APC No. 12-1979 requires reductions of point source emissions and 
fugitive emissions and extends the installation schedule of specified 
control devices to December 31, 1984. Article 14, Section J, provides a 
ban on open residential and leaf burning in Muskegon County. EPA 
approves the additional control measures contained in Consent Order APC 
No. 12-1979 and the open burning ban. EPA takes no action on the overall 
approval of Michigan's Part D secondary nonattainment area for Muskegon 
County.
    (76) On August 24, 1983, the State of Michigan submitted a State 
Implementation Plan (SIP) revision request for an extension of the 
compliance date for Boiler No. 2 for the General Motors Corporation 
Warehousing and Distribution Division, in Swartz Creek County. Consent 
Order No. 18-1981 extends the compliance date until October 15, 1985 for 
GMC to install mechanical collectors on Boiler No. 2.
    (77) On March 8, 1984, the State of Michigan submitted a report 
which demonstrated that Rule 336.1606 contains emission limits 
equivalent to Reasonable Available Control Technology (RACT) for Wayne, 
Oakland and Macomb Counties. Therefore, USEPA remove its conditional 
approval of Rule 336.1606 and fully approves the State's rule.

[[Page 136]]

    (78) On September 6, 1984, the State of Michigan submitted a 
revision to the Michigan State Implementation Plan for the General 
Motors Corporation Buick Motor Division in the form of an Alteration of 
Stipulation for Entry of Consent Order and Final Order, No. 8-1982. The 
original Consent Order No. 8-1982 was federally approved on July 6, 
1983. This alteration revises Consent Order No. 8-1982, in that it 
accelerates the final compliance dates for prime and prime-surfacer 
operations and extends an interim compliance date for topcoat 
operations.
    (i) Incorporation by reference.
    (A) State of Michigan, Air Pollution Control Commission, Alteration 
of Stipulation for Entry Consent Order and Final Order SIP No. 8-1983, 
which was approved by the Air Pollution Control Commission on April 2, 
1984.
    (B) Letter of September 6, 1984, from the State of Michigan, 
Department of Natural Resources, to EPA.
    (79) On December 2, 1983, USEPA proposed to withdraw its approval of 
Michigan's fugitive dust regulations. On April 25, 1985, the State of 
Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and 
new Rule 336.1373. However, they did not meet the requirements of Part D 
of section 172(b); and USEPA, therefore, withdrew its approval of these 
submittals, disapproved these submittals, and instituted new source 
restrictions for major sources in the Michigan primary Total Suspended 
Particulate (TSP) nonattainment areas on August 20, 1985. USEPA 
incorporates revised Rule 336.1371 and newly submitted Rule 336.1373 
into the Michigan State Implementation Plan because they provide a 
framework for the development of fugitive dust control programs at the 
State level in Michigan. USEPA retains Rule 336.1372, which is already 
incorporated into the Michigan SIP, insofar as it applies to sources in 
TSP attainment areas. This paragraph supercedes paragraph (C)(61) of 
this section.
    (i) Incorporation by reference.
    (A) Michigan Department of Natural Resources Rules 336.1371 and 
336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.
    (80) On July 27, 1983, the State of Michigan submitted Consent Order 
No. 08-1983 for the General Motors Corporation Central Foundry 
Division's Saginaw Malleable Iron Plant, as a revision to the Michigan 
State Implementation Plan for Total Suspended Particulates. Consent 
Order No. 08-1983 amends control strategy provisions of federally 
approved (November 18, 1982 and August 15, 1983) Consent Order No. 06-
1980 and its alteration.
    (i) Incorporation by reference.
    (A) Stipulation for Entry of Consent Order and Final Order No. 08-
1983 for the General Motors Corporation Central Foundry Division's 
Saginaw Malleable Iron Plant amending Control Strategy Provisions issued 
June 9, 1983.
    (81) On October 1, 1984, the State of Michigan submitted the 
Stipulation for Entry of Consent Order and Final Order, SIP No. 12-1984, 
between the Consumer Power Company's J.H. Campbell and the Michigan Air 
Pollution Control Commission as a revision to the Michigan 
SO2 SIP. Consent Order No. 12-1984 provides a 3-year 
compliance date extension (January 1, 1985, to December 31, 1987) for 
the J.H. Campbell Units 1 and 2 to emit SO2 at an allowable 
rate on a daily basis of 4.88 lbs/MMBTU in 1985, 4.78 lbs/MMBTU in 1986, 
and 4.68 lbs/MMBTU in 1987.
    (i) Incorporation by reference.
    (A) October 1, 1984, Stipulation for Entry of Consent Order and 
Final Order, SIP No. 12-1984, establishing interim daily average 
SO2 emission limitations and quarterly average limits on 
percent sulfur is fuel fired.
    (82) The State of Michigan submitted negative declarations for 
several volatile organic compound source categories, as follows:

October 10, 1983--Large petroleum dry cleaners;
May 17, 1985--High-density polyethylene, polypropylene, and polystyrene 
resin manufacturers;
June 12, 1985--Synthetic organic chemical manufacturing industry sources 
(SOCMI) oxidation.

    (i) Incorporation by reference.
    (A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985, 
from Robert P. Miller, Chief, Air Quality Division, Michigan Department 
of Natural Resources. The letter dated June 12, 1985, includes pages 2-
119 and 2-120

[[Page 137]]

from the revised 1982 Air Quality Implementation Plan for Ozone and 
Carbon Monoxide in Southeast Michigan.
    (83) On September 16, 1985, the State of Michigan submitted a SIP 
revision requesting alternate opacity limits for the Packaging 
Corporation of America (PCA) bark boiler. The request is in the form of 
a Stipulation for Entry of Consent Order and Final Order (No. 23-1984). 
The Consent Order contains an extended schedule for the PCA's bark 
boiler to comply with Michigan's Rule 336.1301.
    (i) Incorporation by reference. (A) Stipulation for Entry of Consent 
Order and Final Order No. 23-1984 for the Packaging Corporation of 
America, approved on July 8, 1985.
    (84) On April 29, 1986, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan (SIP) for total suspended 
particulates (TSP). The revision, in the form of Air Pollution Control 
Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in 
the TSP portion of the Michigan SIP with respect to: car ferries having 
the capacity to carry more than 110 motor vehicles; and coal-fired 
trains used in connection with tourism.
    (i) Incorporation by reference. (A) Act No. 65 of the Public Acts of 
1986, as approved by the Governor of Michigan on March 30, 1986.
    (85) On April 25, 1979, the State of Michigan submitted as revisions 
to the Air Quality Implementation Plan, Michigan Department of Natural 
Resources Air Pollution Control Commission General Rules for Open 
Burning; Continuous Emission Monitoring; Air Pollution Episodes; 
Organization, Operation and Procedures; and Hearings.
    (i) Incorporation by reference.
    (A) R 336.1310, Open Burning, effective January 18, 1980.
    (B) R 336.2101-3, R 336.2150-5, R 336.336-2159, R 336.2170, 
R336.2175-6, R 336.2189-90, and R 336.2199; Continuous Emission 
Monitoring, effective January 18, 1980.
    (C) R 336.2301-8, Air Pollution Episodes, effective January 18, 
1980.
    (D) R 336.2601-8, Organization, Operating, and Procedures, effective 
January 18, 1980.
    (E) R 336.2701-6, Hearings, effective January 18, 1980.
    (86) On May 25, 1988, the State of Michigan submitted an SIP 
revision in the form of an addendum to the State's Rule 336.1122, 
effective at the State level on May 20, 1988. The amendment will allow 
coating companies to exclude methyl chloroform from the VOC emission 
calculation when it is not technically or economically reasonable. This 
exemption applies only to the surface coating operations that are 
subject to Part 6 (Emission Limitations and Prohibitions--Existing 
Sources of VOC Emissions) or Part 7 (Emission Limitations and 
Prohibitions--New Sources of VOC Emissions) of the State's regulations.
    (i) Incorporation by reference.
    (A) R336.1122, Methyl Chloroform; effective at the State level on 
May 20, 1988.
    (87)-(89) [Reserved]
    (90) On December 17, 1987, the State of Michigan submitted to USEPA 
a revision to the Michigan State Implementation Plan for the Continental 
Fiber Drum, Inc., which limits volatile organic compound emissions from 
the surface coating operations at the facility.
    (i) Incorporation by reference.
    (A) State of Michigan, Air Pollution Control Commission, Stipulation 
for Entry of Consent Order and Final Order No. 14-1987, which was 
adopted by the State on December 9, 1987.
    (B) Letter of December 17, 1987, from the State of Michigan, 
Department of Natural Resources to USEPA.
    (91) On May 17, 1985, the State submitted revised rules for the 
control of particulate matter from iron and steel sources and from other 
sources in Michigan. These rules were submitted to fulfill conditions of 
USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total 
suspended particulates (TSP) State Implementation Plan (SIP). USEPA is 
approving these revised rules in the Michigan submittal except for the 
following provisions: The quench tower limit in rule 336.1331, Table 31, 
Section C.8, because allowing water quality limits to apply only to 
makeup water is a relaxation; the deletion of the limit in rule 336.1331 
for coke oven coal preheater equipment, because it is a relaxation, and 
rule

[[Page 138]]

336.1355, because it provides an unlimited exemption for emissions from 
emergency relief valves in coke oven gas collector mains.
    (i) Incorporation by reference.
    (A) Revision to parts 1, 3, and 10 of Michigan's administrative 
rules for air pollution control (Act 348 of 1967, as amended) as adopted 
by the Michigan Air Pollution Control Commission on December 18, 1984. 
These rules became effective in Michigan on February 22, 1985.
    (92) On October 10, 1986, the State of Michigan supported portions 
of the revised Wayne County Air Pollution Control Division Air Pollution 
Control Ordinance as approved by Wayne County on September 19, 1985, as 
a revision to the Michigan State Implementation Plan.
    (i) Incorporation by reference.
    (A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5, 
section 501, of the Wayne County Ordinance which incorporate by 
reference the following parts of the State rules: The quench tower limit 
in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in 
Rule 336.1331 for coke oven coal preheater equipment; and Rule 
336.1355), 8 (except section 802), 9, 11, 12, 13 and appendices A and D 
of the Wayne County Air Pollution Control Division (WCAPCD) Air 
Pollution Control Ordinance as approved by WCAPCD on September 19, 1985.
    (93) On November 16, 1992, the Michigan Department of Natural 
Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), 
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 
Michigan Air Pollution Reporting Forms, Reference Tables, and General 
Instructions as the States emission statement program. Natural Resources 
Commission Rule 336.202 (Rule 2) became effective November 11, 1986. 
Section 5 and 14a of the 1965 Air Pollution Act 348 became effective 
July 23, 1965.
    (i) Incorporation by reference.
    (A) Natural Resources Commission Rule 336.202 (Rule 2) became 
effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution 
Act 348 became effective July 23, 1965.
    (94) On November 13, 1992, January 8, 1993, and November 12, 1993, 
the State of Michigan submitted a Small Business Stationary Source 
Technical and Environmental Assistance Program for incorporation in the 
Michigan State Implementation Plan as required by section 507 of the 
Clean Air Act.
    (i) Incorporation by reference.
    (A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts 
of 1993, approved by the Governor on April 1, 1993, and effective upon 
approval.
    (95) On November 15, 1993, the State of Michigan requested revision 
to the Michigan State Implementation Plan (SIP) to incorporate 
miscellaneous technical rule changes that the State had made effective 
April 20, 1989.
    (i) Incorporation by reference.
    (A) Michigan Air Pollution Control Rules: R 336.1107 (except 
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R 
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705, 
effective April 20, 1989.
    (96) Revisions to the Michigan Regulations submitted on June 12, 
1993 and November 12, 1993 by the Michigan Department of Natural 
Resources:
    (i) Incorporation by reference.
    (A) Revisions to the following provisions of the Michigan Air 
Pollution Control Commission General Rules filed with the Secretary of 
State on April 12, 1993 and effective on April 27, 1993:
    (1) R 336.1101 Definitions; A--Revised definitions of the following 
terms: actual emissions, air-dried coating, air quality standard, 
allowable emissions and alternate opacity.
    (2) R 336.1103 Definitions; C--Added definition of coating category. 
Revised definitions of the following terms: calendar day, class II 
hardboard paneling finish, coating line, coating of automobiles and 
light-duty trucks coating of fabric, coating of large appliances, 
coating of paper, coating of vinyl, component, component in field gas 
service, component in gaseous volatile organic compound service, 
component in heavy liquid service, component in light liquid service, 
component in liquid volatile organic compound service, condenser, 
conveyorized vapor degreaser, and creditable.

[[Page 139]]

    (3) R 336.1105 Definitions; E--Added definition of the term extreme 
environmental conditions. Revised definitions of the following terms: 
electrostatic prep coat, equivalent method and extreme performance 
coating.
    (4) R 336.1116 Definitions; P--Revised definitions of the following 
terms: packaging rotogravure printing, printed interior panel, process 
unit turnaround, publication rotogravure printing and pushside. Deleted 
definition of the term pneumatic rubber tire manufacturing.
    (5) R 336.1122 Definitions; V--Added definition of the term vapor 
collection system. Revised definitions of the following terms: very 
large precipitator and volatile organic compound.
    (6) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions (entire rule).
    (7) R 336.1610 Existing coating lines; emission of volatile organic 
compounds from exiting automobile, light-duty truck, and other product 
and material coating lines (entire rule).
    (8) R 336.1611 Existing cold cleaners (entire rule).
    (9) R 336.1619 Perchloroethylene; emission from existing dry 
cleaning equipment (entire rule).
    (10) R 336.1620 Emission of volatile organic compounds from existing 
flat wood paneling coating lines (entire rule).
    (11) R 336.1621 Emission of volatile organic compounds from existing 
metallic surface coating lines (entire rule).
    (12) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program (entire 
rule).
    (13) R 336.1623 Storage of petroleum liquids having a true vapor 
pressure of more than 1.0 psia, but less than 11.0 psia, in existing 
external floating roof stationary vessels of more than 40,000-gallon 
capacity (entire rule).
    (14) R 336.1625 Emission of volatile organic compounds from existing 
equipment utilized in manufacturing synthesized pharmaceutical products 
(entire rule).
    (15) R 336.1627 Delivery vessels; vapor collection systems (entire 
rule).
    (16) R 336.1630 Emission of volatile organic compounds from existing 
paint manufacturing processes (entire rule).
    (17) R 336.1631 Emission of volatile organic compounds from existing 
process equipment utilized in manufacture of polystyrene or other 
organic resins (entire rule).
    (18) R 336.1632 Emission of volatile organic compounds from existing 
automobile, truck, and business machine plastic part coating lines 
(entire rule).
    (19) R 336.1702 General provisions of new sources of volatile 
organic compound emissions (entire rule).
    (20) R 336.2004 Appendix A; reference test methods; adoption of 
federal reference test methods (entire rule).
    (21) R 336.2006 Reference test method serving as alternate version 
of federal reference test method 25 by incorporating Byron analysis 
(entire rule).
    (22) R 336.2007 Alternate version of procedure L, referenced in R 
336.2040(10) (entire rule).
    (23) R 336.2040 Method for determination of volatile organic 
compound emissions from coating lines and graphic arts lines (except R 
336.2040(9) and R 336.2040(10)).
    (24) R 336.2041 Recordkeeping requirements for coating lines and 
graphic arts lines (entire rule).
    (B) Revisions to the following provisions of the Michigan Air 
Pollution Control Commission General Rules filed with the Secretary of 
State on November 3, 1993 and effective on November 18, 1993:
    (1) R 336.1601 Definitions--Added definition of the term person 
responsible.
    (2) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions--Addition of provisions requiring submittal 
of site-specific SIP revisions to EPA for the use of equivalent control 
methods allowed under rules 336.1628(1) and 336.1629(1).
    (3) R 336.1624 Emission of volatile organic compounds from existing 
graphic arts lines (entire rule).
    (4) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing synthetic 
organic chemicals and polymers; monitoring program (entire rule).
    (5) R 336.1629 Emission of volatile organic compounds from 
components of existing process equipment used in processing natural gas; 
monitoring program (entire rule).

[[Page 140]]

    (C) Senate Bill No. 726 of the State of Michigan 87th Legislature 
for Stage I controls signed and effective on November 13, 1993.
    (D) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 39-1993 which was adopted 
by the State on November 12, 1993.
    (E) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 40-1993 which was adopted 
by the State on November 12, 1993.
    (F) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Consent Order and Final Order No. 3-1993 which was adopted 
by the State on June 21, 1993.
    (97) On November 12, 1993, the State of Michigan submitted a 
revision to the State Implementation Plan (SIP) for the implementation 
of a motor vehicle inspection and maintenance (I/M) program in the Grand 
Rapids and Muskegon ozone nonattainment areas. This revision included 
House Bill No. 4165 which establishes an I/M program in Western 
Michigan, SIP narrative, and the State's Request for Proposal (RFP) for 
implementation of the program. House Bill No. 4165 was signed and 
effective on November 13, 1993.
    (i) Incorporation by reference.
    (A) House Bill No. 4165; signed and effective November 13, 1993.
    (ii) Additional materials.
    (A) SIP narrative plan titled ``Motor Vehicle Emissions Inspection 
and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and 
Muskegon MSA Moderate Nonattainment Areas,'' submitted to the EPA on 
November 12, 1993.
    (B) RFP, submitted along with the SIP narrative on November 12, 
1993.
    (C) Supplemental materials, submitted on July 19, 1994, in a letter 
to EPA.
    (98) [Reserved]
    (99) On July 13, 1994, the State of Michigan requested a revision to 
the Michigan State Implementation Plan (SIP). The State requested that a 
consent order for the Eagle-Ottawa Leather Company of Grand Haven be 
included in the SIP.
    (i) Incorporation by reference. State of Michigan, Department of 
Natural Resources, Stipulation for Entry of Consent Order and Final 
Order No. 7-1994 which was adopted on July 13, 1994.
    (100) On June 11, 1993 the Michigan Department of Natural Resources 
(MDNR) submitted a plan, with revisions submitted on April 7, 1994 and 
October 14, 1994 for the purpose of bringing about the attainment of the 
National Ambient Air Quality Standards for particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers (PM) 
in the Wayne County moderate PM nonattainment area.
    (i) Incorporation by reference.
    (A) Consent Order 4-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Allied Signal, Inc., 
Detroit Tar Plant.
    (B) Consent Order 5-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Asphalt Products 
Company, Plant 5A.
    (C) Consent Order 6-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Clawson Concrete 
Company, Plant 1.
    (D) Consent Order 7-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Cummings-Moore Graphite 
Company.
    (E) Consent Order 8-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Delray Connecting 
Railroad Company.
    (F) Consent Order 9-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison Company, 
River Rouge Plant.
    (G) Consent Order 10-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Detroit Edison Company, 
Sibley Quarry.
    (H) Consent Order 11-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the city of Detroit, 
Detroit Water and Sewage Department, Wastewater Treatment Plant.
    (I) Consent Order 12-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ferrous Processing and 
Trading Company.
    (J) Consent Order 13-1993 effective October 12, 1994 issued by the 
MDNR.

[[Page 141]]

This Order limits the PM emissions for the Ford Motor Company, Rouge 
Industrial Complex.
    (K) Consent Order 14-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Ford Motor Company, 
Vulcan Forge.
    (L) Consent Order 15-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Detroit Lime Company.
    (M) Consent Order 16-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 1.
    (N) Consent Order 17-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 3.
    (O) Consent Order 18-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 6.
    (P) Consent Order 19-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant 4 and 5.
    (Q) Consent Order 20-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Edward C. Levy Company, 
Plant Scrap Up-Grade Facility.
    (R) Consent Order 21-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, 
Brennan Avenue Plant.
    (S) Consent Order 22-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Marblehead Lime, River 
Rouge Plant.
    (T) Consent Order 23-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the McLouth Steel Company, 
Trenton Plant.
    (U) Consent Order 24-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Cement Plant.
    (V) Consent Order 25-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Michigan Foundation 
Company, Sibley Quarry.
    (W) Consent Order 26-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Morton International, 
Inc., Morton Salt Division.
    (X) Consent Order 27-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the National Steel 
Corporation, Great Lakes Division.
    (Y) Consent Order 28-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the National Steel 
Corporation, Transportation and Materials Handling Division.
    (Z) Consent Order 29-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Peerless Metals 
Powders, Incorporated.
    (AA) Consent Order 30-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Rouge Steel Company.
    (BB) Consent Order 31-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Keywell Corporation.
    (CC) Consent Order 32-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the St. Marys Cement 
Company.
    (DD) Consent Order 33-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the United States Gypsum 
Company.
    (EE) Consent Order 34-1993 effective October 12, 1994 issued by the 
MDNR. This Order limits the PM emissions for the Wyandotte Municipal 
Power Plant.
    (101) On November 15, 1993, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a motor vehicle inspection and maintenance 
program for the Detroit-Ann Arbor area. Michigan submitted House Bill 
No. 5016, signed by Governor John Engler on November 13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 5016 signed by the Governor and 
effective on November 13, 1993.

[[Page 142]]

    (102) On November 12, 1993, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a section 175A maintenance plan for the Detroit-
Ann Arbor area as part of Michigan's request to redesignate the area 
from moderate nonattainment to attainment for ozone. Elements of the 
section 175A maintenance plan include a base year (1993 attainment year) 
emission inventory for NOX and VOC, a demonstration of 
maintenance of the ozone NAAQS with projected emission inventories 
(including interim years) to the year 2005 for NOX and VOC, a 
plan to verify continued attainment, a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If the area records a violation of the 
ozone NAAQS (which must be confirmed by the State), Michigan will 
implement one or more appropriate contingency measure(s) which are 
contained in the contingency plan. Appropriateness of a contingency 
measure will be determined by an urban airshed modeling analysis. The 
Governor or his designee will select the contingency measure(s) to be 
implemented based on the analysis and the MDNR's recommendation. The 
menu of contingency measures includes basic motor vehicle inspection and 
maintenance program upgrades, Stage I vapor recovery expansion, Stage II 
vapor recovery, intensified RACT for degreasing operations, 
NOX RACT, and RVP reduction to 7.8 psi. Michigan submitted 
legislation or rules for basic I/M in House Bill No 5016, signed by 
Governor John Engler on November 13, 1993; Stage I and Stage II in 
Senate Bill 726 signed by Governor John Engler on November 13, 1993; and 
RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John 
Engler on November 13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 5016 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan Senate Bill 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.
    (103) On August 26, 1994 Michigan submitted a site-specific SIP 
revision in the form of a consent order for incorporation into the 
federally enforceable ozone SIP. This consent order determines 
Reasonably Available Control Technology (RACT) specifically for the 
Enamalum Corporation Novi, Michigan facility for the emission of 
volatile organic compounds (VOCs).
    (i) Incorporation by reference. The following Michigan Stipulation 
for Entry of Final Order By Consent.
    (A) State of Michigan, Department of Natural Resources, Stipulation 
for Entry of Final Order By Consent No. 6-1994 which was adopted by the 
State on June 27, 1994.
    (104) On July 13, 1995, the Michigan Department of Natural Resources 
(MDNR) submitted a contingency measures plan for the Wayne County 
particulate matter nonattainment area.
    (i) Incorporation by reference.
    (A) State of Michigan Administrative Rule 374 (R 336.1374), 
effective July 26, 1995.
    (105) [Reserved]
    (106) On March 9, 1995, the State of Michigan submitted as a 
revision to the Michigan State Implementation Plan for ozone a State 
Implementation Plan for a section 175A maintenance plan for the Grand 
Rapids area as part of Michigan's request to redesignate the area from 
moderate nonattainment to attainment for ozone. Elements of the section 
175A maintenance plan include an attainment emission inventory for 
NOX and VOC, a demonstration of maintenance of the ozone 
NAAQS with projected emission inventories to the year 2007 for 
NOX and VOC, a plan to verify continued attainment, a 
contingency plan, and a commitment to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. If a 
violation of the ozone NAAQS, determined not to be attributable to 
transport from upwind areas, is monitored, Michigan will implement one 
or more appropriate contingency measure(s) contained in the contingency 
plan. Once a violation of the ozone NAAQS is recorded, the State will 
notify EPA, review the data for quality assurance, and conduct a

[[Page 143]]

technical analysis, including an analysis of meteorological conditions 
leading up to and during the exceedances contributing to the violation, 
to determine local culpability. This preliminary analysis will be 
submitted to EPA and subjected to public review and comment. The State 
will solicit and consider EPA's technical advice and analysis before 
making a final determination on the cause of the violation. The Governor 
or his designee will select the contingency measure(s) to be implemented 
within six months of a monitored violation attributable to ozone and 
ozone precursors from the Grand Rapids area. The menu of contingency 
measures includes a motor vehicle inspection and maintenance program, 
Stage II vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on 
major non-CTG VOC sources in the categories of coating of plastics, 
coating of wood furniture, and industrial cleaning solvents. Michigan 
submitted legislation or rules for I/M in House Bill No 4165, signed by 
Governor John Engler on November 13, 1993; Stage II in Senate Bill 726 
signed by Governor John Engler on November 13, 1993; and RVP reduction 
to 7.8 psi in House Bill 4898 signed by Governor John Engler on November 
13, 1993.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 4165 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan Senate Bill 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.
    (107) [Reserved]
    (108) On May 16, 1996, the State of Michigan submitted a revision to 
the Michigan State Implementation Plan (SIP). This revision is for the 
purpose of establishing a gasoline Reid vapor pressure (RVP) limit of 
7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland, 
Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in 
Michigan.
    (i) Incorporation by reference.
    (A) House Bill No. 4898; signed and effective November 13, 1993.
    (B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290, 
Sections 642, 643, 645, 646, 647, and 649; all effective November 13, 
1993.
    (C) Michigan Complied Laws, Weights and Measures Act of 1964, 
Chapter 290, Sections 613, 615; all effective August 28, 1964.
    (ii) Additional materials.
    (A) Letter from Michigan Governor John Engler to Regional 
Administrator Valdas Adamkus, dated January 5, 1996.
    (B) Letter from Michigan Director of Environmental Quality Russell 
Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.
    (C) State report titled ``Evaluation of Air Quality Contingency 
Measures for Implementation in Southeast Michigan,'' submitted to the 
EPA on May 14, 1996.
    (109) On December 13, 1994 and January 19, 1996, Michigan submitted 
correspondence and Executive Orders 1991-31 and 1995-18 which indicated 
that the executive branch of government had been reorganized. As a 
result of the reorganization, delegation of the Governor's authority 
under the Clean Air Act was revised. The Environmental Protection 
Agency's approval of these Executive Orders is limited to those 
provisions affecting air pollution control. The Air Pollution Control 
Commission was abolished and its authority was initially transferred to 
the Director of the Michigan Department of Natural Resources (DNR). 
Subsequently, the Michigan Department of Natural Resources of 
Environmental Quality (DEQ) was created by elevating eight program 
divisions and two program offices previously located within the DNR. The 
authority then earlier vested to the Director of the Michigan DNR was 
then transferred to the Director of the Michigan DEQ with the exception 
of some administrative appeals decisions.
    (i) Incorporation by reference.
    (A) State of Michigan Executive Order 1991-31 Commission of Natural 
Resources, Department of Natural Resources, Michigan Department of 
Natural Resources Executive Reorganization. Introductory and concluding 
words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5, 
Part B. Title III: Environmental Protection; Part A: Sections 1 and 2, 
Part B. Title IV: Miscellaneous; Parts A and B, Part

[[Page 144]]

C: Sections 1, 2, 4, Part D. Signed by John Engler, Governor, November 
8, 1991. Filed with the Secretary of State November 8, 1991. Effective 
January 7, 1992.
    (B) State of Michigan Executive Order No. 1995-18 Michigan 
Department of Environmental Quality, Michigan Department of Natural 
Resources Executive Reorganization. Introductory and concluding words of 
issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15, 
16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with 
the Secretary of State on August 1, 1995. Effective September 30, 1995.
    (110) A revision to Michigan's State Implementation Plan (SIP), 
containing part of Michigan's Natural Resources and Environmental 
Protection Act, was submitted by the Michigan Department of 
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on 
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the 
original submittal. The revision incorporated below contains control 
requirements and applicable definitions for fugitive dust sources.
    (i) Incorporation by reference. The following sections of Part 55 of 
Act 451 of 1994, the Natural Resources and Environmental Protection Act 
are incorporated by reference.
    (A) 324.5524 Fugitive dust sources or emissions, effective March 30, 
1995.
    (B) 324.5525 Definitions, effective March 30, 1995.
    (111) On March 18, 1999, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan for carbon monoxide containing 
a section 175A maintenance plan for the Detroit area as part of 
Michigan's request to redesignate the area from nonattainment to 
attainment for carbon monoxide. Elements of the section 175A maintenance 
plan include a base year (1996 attainment year) emission inventory for 
CO, a demonstration of maintenance of the ozone NAAQS with projected 
emission inventories to the year 2010, a plan to verify continued 
attainment, a contingency plan, and an obligation to submit a subsequent 
maintenance plan revision in 8 years as required by the Clean Air Act. 
If the area records a violation of the CO NAAQS (which must be confirmed 
by the State), Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes enforceable emission limitations for 
stationary sources, transportation control measures, or a vehicle 
inspection and maintenance program.
    (112) The Michigan Department of Environmental Quality (MDEQ) 
submitted a revision to Michigan's State Implementation Plan (SIP) on 
August 20, 1998, and supplemented it on November 3, 1998. The revision 
removed from the SIP the following rules, which the State rescinded 
effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of 
enforcement; requests by local agencies; R 336.93 Local agency 
requirements prior to suspension of enforcement; R 336.94 Commission 
public hearings on applications; R 336.95 Suspension of enforcement; 
procedures and public notice; R 336.96 Suspension of enforcement; 
conditions; R 336.97 Commission review of local agency programs; renewal 
of suspended enforcement; R 336.601 Affected counties and areas; R 
336.602 Attainment of national ambient air quality standards; exemption 
from inspection and maintenance program requirements; R 336.603 Ozone 
and carbon monoxide attainment status determination; R 336.1373 Fugitive 
dust control requirements; areas listed in table 36; R 336.1501 Emission 
limits; extension of compliance date past January 1, 1980, generally; R 
336.1502 Application; copies; R 336.1503 Application; contents; R 
336.1504 Denial of request for extension past January 1, 1980; R 
336.1505 Grant of extension past January 1, 1980; R 336.1506 Receipt of 
full and complete application; public notice; inspection; public 
hearing; R 336.1507 Modification or revocation of order granting 
extension; immediate effect; R 336.1603 Compliance program; R 336.2010 
Reference test method 5A; R 336.2199(c); R 336.2601 Organization; R 
336.2602 Offices and meetings; R 336.2603 Documents available for 
inspection and copying; R 336.2604 Document inspection and copying 
procedures; tape recording transcriptions; R 336.2605 Functions; R 
336.2608 Hearings and informal conferences; R 336.2301 Definition of air

[[Page 145]]

pollution episode; R 336.2302 Definition of air pollution forecast; R 
336.2303 Definition of air pollution alert; R 336.2304 Definition of air 
pollution warning; R 336.2305 Definition of air pollution emergency; R 
336.2306 Declaration of air pollution episodes; R 336.2307 Episode 
emission abatement programs; and R 336.2308 Episode orders. The rules 
incorporated below contain revisions to degreasing, perchloroethylene 
dry cleaning, petroleum refinery, synthetic organic chemical 
manufacturing, and delivery vessel loading rules.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1611 Existing cold cleaners, effective June 13, 1997.
    (B) R336.1612 Existing open top vapor degreasers, effective June 13, 
1997.
    (C) R 336.1613 Existing conveyorized cold cleaners, effective June 
13, 1997.
    (D) R 336.1614 Existing conveyorized vapor degreasers, effective 
June 13, 1997.
    (E) R 336.1619 Standards for perchloroethylene dry cleaning 
equipment, effective June 13, 1997.
    (F) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program, 
effective June 13, 1997.
    (G) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing synthetic 
organic chemicals and polymers; monitoring program, effective June 13, 
1997.
    (H) R 336.1651 Standards for Degreasers, effective June 13, 1997.
    (I) R 336.1706 Loading delivery vessels with organic compounds 
having a true vapor pressure of more than 1.5 psia at new loading 
facilities handling 5,000,000 or more gallons of such compounds per 
year, effective June 13, 1997.
    (J) R 336.1707 New cold cleaners, effective June 13, 1997.
    (K) R 336.1708 New open top vapor degreasers, effective June 13, 
1997.
    (L) R 336.1709 New conveyorized cold cleaners, effective June 13, 
1997.
    (M) R 336.1710 New conveyorized vapor degreasers, effective June 13, 
1997.
    (113) On March 9, 1995, the State of Michigan submitted a revision 
to the Michigan State Implementation Plan for ozone containing a section 
175A maintenance plan for the Muskegon County area as part of Michigan's 
request to redesignate the area from nonattainment to attainment for 
ozone. Elements of the section 175A maintenance plan include a 
contingency plan, and an obligation to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. If the area 
records a violation of the 1-hour ozone NAAQS, determined not to be 
attributable to transport from upwind areas, Michigan will implement one 
or more appropriate contingency measure(s) which are in the contingency 
plan. The menu of contingency measures includes a motor vehicle 
inspection and maintenance program, stage II vapor recovery, a low Reid 
vapor pressure gasoline program, and rules for industrial cleanup 
solvents, plastic parts coating, and wood furniture coating.
    (i) Incorporation by reference.
    (A) State of Michigan House Bill No. 4165 signed by the Governor and 
effective on November 13, 1993.
    (B) State of Michigan House Bill No. 726 signed by the Governor and 
effective on November 13, 1993.
    (C) State of Michigan House Bill No. 4898 signed by the Governor and 
effective on November 13, 1993.
    (114)-(115) [Reserved]
    (116) The Michigan Department of Environmental Quality submitted 
revisions to Michigan's State Implementation Plan (SIP) on July 7, 2000 
and supplemented them with letters dated January 29, 2001, and February 
6, 2002. They include revisions to definitions, open burning rules, 
general volatile organic compound provisions, and administrative 
procedures. The revision removed from the SIP rules R 336.1320 and R 
336.2703, which the State rescinded effective April 10, 2000.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1104 Definitions; D, effective April 10, 2000.
    (B) R 336.1310, Open burning, effective February 3, 1999.

[[Page 146]]

    (C) R 336.1602 General provisions for existing sources of volatile 
organic compound emissions, effective April 10, 2000.
    (D) R 336.2701 Petitions for review and for contested case hearings; 
hearing procedure; ``duly authorized agent'' defined, effective April 
10, 2000.
    (E) R 336.2702 Appearances, effective April 10, 2000.
    (117) [Reserved]
    (118) The Michigan Department of Environmental Quality submitted 
revisions to Michigan's State Implementation Plan (SIP) on September 23, 
2002. They include rules to address excess emissions occurring during 
startup, shutdown or malfunction as well as revisions to definitions.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1102 Definitions; B, effective May 27, 2002.
    (B) R 336.1104 Definitions; D, effective May 27, 2002.
    (C) R 336.1105 Definitions; E, effective May 27, 2002.
    (D) R 336.1107 Definitions; G, effective May 27, 2002.
    (E) R 336.1108 Definitions; H, effective May 27, 2002.
    (F) R 336.1113 Definitions; M, effective May 27, 2002.
    (G) R 336.1118 Definitions; R, effective May 27, 2002.
    (H) R 336.1120 Definitions; T, effective May 27, 2002.
    (I) R 336.1915 Enforcement discretion in instances of excess 
emissions resulting from malfunction, start-up, or shutdown, effective 
May 27, 2002.
    (J) R 336.1916 Affirmative defense for excess emissions during 
start-up or shutdown, effective May 27, 2002.
    (119) The Michigan Department of Environmental Quality submitted a 
revision to Michigan's State Implementation Plan for ozone on April 25, 
2003. This submittal contained a revised definition of volatile organic 
compound.
    (i) Incorporation by reference.
    (A) R 336.1122 Definitions; V, effective March 13, 2003.

[37 FR 10873, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1170, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1171  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                                  Pollutant
                                                           -----------------------------------------------------
                Air quality control region                  Particulate   Sulfur   Nitrogen   Carbon
                                                               matter     oxides    dioxide  monoxide    Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Detroit-Port Huron Intrastate................           I          I       III       III        III
Metropolitan Toledo Interstate............................           I          I       III       III          I
South Central Michigan Intrastate.........................          II         II       III       III        III
South Bend-Elkhart (Indiana)-Benton Harbor (Michigan)                I         IA       III       III        III
 Interstate...............................................
Central Michigan Intrastate...............................          II        III       III       III        III
Upper Michigan Intrastate.................................         III        III       III       III        III
----------------------------------------------------------------------------------------------------------------


[37 FR 10873, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45 
FR 29801, May 6, 1980]



Sec. 52.1172  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Michigan's plan for the attainment and maintenance of the 
National Ambient Air Quality Standards under section 110 of the Clean 
Air Act. Furthermore, the Administrator finds the plan satisfies all 
requirements of Part D, Title I of the Clean Air Act as amended in 1977, 
except as noted below. In addition, continued satisfaction of the 
requirements of Part D for the ozone portion of the SIP depends on the 
adoption and submittalof RACT requirements by July 1, 1980 for the 
sources covered by CTGs between January 1978 and January 1979 and 
adoption and submittal by each subsequent January of additional RACT 
requirements for sources covered

[[Page 147]]

by CTGs issued by the previous January.

[45 FR 29801, May 6, 1980]



Sec. 52.1173  Control strategy: Particulates.

    (a) Part D--Disapproval. The following specific revisions to the 
Michigan Plan are disapproved:
    (1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth 
Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering 
Plants, Blast Furnaces, Heating and Reheating Furnaces.
    (2) Rules 336.1371 (Fugitive dust control programs other than areas 
listed in table 36.), 336.1372 (Fugitive dust control programs; required 
activities; typical control methods.) and 336.1373 (Fugitive dust 
control programs; areas listed in table 36.) for control of industrial 
fugitive particulate emissions sources.
    (b) Part D--Conditional Approval--The Michigan overall Plan for 
primary and secondary nonattainment areas is approved provided that the 
following conditions are satisfied:
    (1) The State officially adopts final industrial fugitive 
regulations that represent RACT for traditional sources and submits 
these finally effective regulations to USEPA by January 31, 1981.
    (2) The State adopts and submits regulations reflecting RACT for 
Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast 
Furnaces and Heating and Reheating Furnaces.
    (3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment 
Effective After July 1, 1979--The State clarifies the compliance test 
method to include measurement of the whole train.
    (4) Rule 336.1349--The State submits consent orders containing 
enforceable increments insuring reasonable further progress for each 
source subject to Rules 336.1350 through 336.1357.
    (5) Rule 336.1350--The State adopts and submits an acceptable 
inspection method for determining compliance with the rule.
    (6) Rule 336.1352--The State adopts and submits the following 
clarifications to the rule: (a) The rule regulates emissions from the 
receiving car itself during the pushing operation; (b) in the phrase 
``eight consecutive trips,'' ``consecutive'' is defined as 
``consecutively observed trips''; (c) the word ``trips'' is defined as 
``trips per battery'' or ``trips per system''; (d) the 40% opacity 
fugitive emissions limitation refers to an instantaneous reading and not 
an average; (e) the method of reading opacity is defined.
    (7) Rule 336.1353--The State adopts and submits: (a) An acceptable 
test methodology for determining compliance with the rule; and (b) a 
clarification that the exception to the visible emission prohibition of 
4% of standpipe emission points refers to ``operating'' ovens.
    (8) Rule 336.1356--The State adopts and submits a clarification of 
the test methodology to determine compliance with the rule.
    (9) Rule 336.1357--The State adopts and submits a clarification of 
the test methodology to determine compliance with the rule.
    (10) The State adopts and submits a regulation reflecting RACT for 
coke battery combustion stacks.
    (11) The State adopts and submits an acceptable test method for 
application of Rule 336.1331, Table 32 to quench towers, or, in the 
alternative, adopts and submits a limitation reflecting RACT for quench 
tower emissions based on the quantity of total dissolved solids in the 
quench water.
    (12) The State adopts and submits rules requiring RACT for scarfing 
emissions.
    (13) Part 10 Testing--The State adopts and submits the following 
clarifications to the test methods: (a) Testing of fugitive emissions 
from blast furnaces are conducted during the cast; (b) the starting and 
ending period is specified for basic oxygenfurnaces (for both primary 
and secondary emissions generating operations), electric arc furnaces 
and for each of the three emission points at sinter plants.
    (14) The State conducts additional particulate studies in the 
Detroit area by September, 1980.
    (c) Disapprovals. EPA disapproves the following specific revisions 
to the Michigan Plan:
    (1) The State submitted Consent Order No. 16-1982 on June 24, 1982, 
Great Lakes Steel, a Division of the

[[Page 148]]

National Steel Corporation as a revision to the Michigan State 
Implementation Plan. EPA disapproves this revision, because it does not 
satisfy all the requirements of EPA's proposed Emission Trading Policy 
Statement of April 7, 1982 (47 FR 15076).
    (d) Approval--On April 29, 1988, the State of Michigan submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for Michigan's Group II 
areas. The Group II areas of concern are in the City of Monroe and an 
area surrounding the City of Carrollton. The committal SIP contains all 
the requirements identified in the July 1, 1987, promulgation of the SIP 
requirements for PM10 at 52 FR 24681.
    (e) [Reserved]
    (f) On July 24, 1995, the Michigan Department of Natural Resources 
requested the redesignation of Wayne County to attainment of the 
National Ambient Air Quality Standard for particulate matter. The 
State's maintenance plan is complete and the redesignation satisfies all 
of the requirements of the Act.
    (g) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the particulate State 
Implementation Plan for general conformity rules. The general conformity 
SIP revisions enable the State of Michigan to implement and enforce the 
Federal general conformity requirements in the nonattainment or 
maintenance areas at the State or local level in accordance with 40 CFR 
part 93, subpart B--Determining Conformity of General Federal Actions to 
State or Federal Implementation Plans.

[46 FR 27931, May 22, 1981, as amended at 49 FR 11834, Mar. 28, 1984; 50 
FR 33540, Aug. 20, 1985; 55 FR 17752, Apr. 27, 1990; 61 FR 40519, Aug. 
5, 1996; 61 FR 66609, Dec. 18, 1996]



Sec. 52.1174  Control strategy: Ozone.

    (a) Part D--Conditional Approval--Michigan Rules 336.1603 and 
336.1606 are approved provided that the following conditions are 
satisfied:
    (1) Rule 336.1606--The State either promulgates a rule with a 
120,000 gallon per year throughput exemption for gasoline dispensing 
facilities for sources located in Wayne, Macomb and Oakland Counties. 
The State must either submit the rule to USEPA or demonstrate that the 
allowable emissions resulting from the application of its existing rule 
with 250,000 gallon per year throughput exemption for gasoline 
dispensing facilities are less than five percent greater than the 
allowable emissions resulting from the application of the CTG 
presumptive norm. The State must comply with this condition by May 6, 
1981, and any necessary regulations must be finally promulgated by the 
State and submitted to USEPA by September 30, 1981.
    (b) Approval--On November 16, 1992, the Michigan Department of 
Natural Resources submitted Natural Resources Commission Rule 336.202 
(Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 
1991 Michigan Air Pollution Reporting Forms, Reference Tables, and 
General Instructions as the States emission statement program. Natural 
Resources Commission Rule 336.202 (Rule 2) became effective November 11, 
1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became 
effective July 23, 1965. These rules have been incorporated by reference 
at 40 CFR 52.1170(c)(93). On October 25, 1993, the State submitted the 
1993 Michigan Air Pollution Reporting Forms, Reference Tables, and 
General Instructions, along with an implementation strategy for the 
State's emission statement program.
    (c) Approval--On January 5, 1993, the Michigan Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan 
(SIP) for the 1990 base year inventory. The inventory was submitted by 
the State of Michigan to satisfy Federal requirements under section 
182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a 
revision to the ozone SIP for the Grand Rapids and Muskegon areas in 
Michigan designated nonattainment, classified as moderate. These areas 
include counties of Muskegon, and the two county Grand Rapids area 
(which are the counties of Kent and Ottawa).

    Editorial Note: At 59 FR 40828, Aug. 10, 1994 the following 
paragraph (c) was added to Sec. 52.1174.

    (c) Approval--On November 12, 1993, the Michigan Department of 
Natural Resources

[[Page 149]]

submitted a petition for exemption from the oxides of nitrogen 
requirements of the Clean Air Act for the Detroit-Ann Arbor ozone 
nonattainment area. The submittal pertained to the exemption from the 
oxides of nitrogen requirements for conformity, inspection and 
maintenance, reasonably available control technology, and new source 
review. These are required by sections 176(c), 182(b)(4), and 182(f) of 
the 1990 amended Clean Air Act, respectively.

    (d) In a letter addressed to David Kee, EPA, dated March 30, 1994, 
Dennis M. Drake, State of Michigan, stated:
    (1) Michigan has not developed RACT regulations for the following 
industrial source categories, which have been addressed in Control 
Techniques Guidance (CTG) documents published prior to the Clean Air Act 
Amendments of 1990, because no affected sources are located in the 
moderate nonattainment counties:
    (i) Large petroleum dry cleaners;
    (ii) SOCMI air oxidation processes;
    (iii) High-density polyethylene and polypropylene resin 
manufacturing; and
    (iv) Pneumatic rubber tire manufacturing.
    (2) (Reserved)
    (e) Approval--On July 1, 1994, the Michigan Department of Natural 
Resources submitted a petition for exemption from the oxides of nitrogen 
requirements of the Clean Air Act for the East Lansing ozone 
nonattainment area. The submittal pertained to the exemption from the 
oxides of nitrogen requirements for conformity and new source review. 
Theses are required by sections 176(c) and 182(f) of the 1990 amended 
Clean Air Act, respectively. If a violation of the ozone standard occurs 
in the East Lansing ozone nonattainment area, the exemption shall no 
longer apply.
    (f) Approval--On July 8, 1994, the Michigan Department of Natural 
Resources submitted a petition for exemption from the oxides of nitrogen 
requirements of the Clean Air Act for the Genesee County ozone 
nonattainment area. The submittal pertained to the exemption from the 
oxides of nitrogen requirements for conformity and new source review. 
These are required by sections 176(c) and 182(f) of the 1990 amended 
Clean Air Act, respectively. If a violation of the ozone standard occurs 
in the Genesee County ozone nonattainment area, the exemption shall no 
longer apply.
    (g) [Reserved]
    (h) Approval--On January 5, 1993, the Michigan Department of Natural 
Resources submitted a revision to the ozone State Implementation Plan 
for the 1990 base year emission inventory. The inventory was submitted 
by the State of Michigan to satisfy Federal requirements under section 
182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the 
ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone 
nonattainment area. This area includes Livingston, Macomb, Monroe, 
Oakland, St. Clair, Washtenaw, and Wayne counties.
    (i) Approval--On November 12, 1993, the Michigan Department of 
Natural Resources submitted a request to redesignate the Detroit-Ann 
Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair, 
Washtenaw, and Wayne counties) ozone nonattainment area to attainment 
for ozone. As part of the redesignation request, the State submitted a 
maintenance plan as required by 175A of the Clean Air Act, as amended in 
1990. Elements of the section 175A maintenance plan include a base year 
(1993 attainment year) emission inventory for NOX and VOC, a 
demonstration of maintenance of the ozone NAAQS with projected emission 
inventories (including interim years) to the year 2005 for 
NOX and VOC, a plan to verify continued attainment, a 
contingency plan, and an obligation to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. If the area 
records a violation of the ozone NAAQS (which must be confirmed by the 
State), Michigan will implement one or more appropriate contingency 
measure(s) which are contained in the contingency plan. Appropriateness 
of a contingency measure will be determined by an urban airshed modeling 
analysis. The Governor or his designee will select the contingency 
measure(s) to be implemented based on the analysis and the MDNR's 
recommendation. The menu of contingency measures includes basic motor 
vehicle inspection and maintenance program upgrades, Stage I vapor

[[Page 150]]

recovery expansion, Stage II vapor recovery, intensified RACT for 
degreasing operations, NOX RACT, and RVP reduction to 7.8 
psi. The redesignation request and maintenance plan meet the 
redesignation requirements in sections 107(d)(3)(E) and 175A of the Act 
as amended in 1990, respectively. The redesignation meets the Federal 
requirements of section 182(a)(1) of the Clean Air Act as a revision to 
the Michigan Ozone State Implementation Plan for the above mentioned 
counties.
    (j) [Reserved]
    (k) Determination--USEPA is determining that, as of July 20, 1995, 
the Grand Rapids and Muskegon ozone nonattainment areas have attained 
the ozone standard and that the reasonable further progress and 
attainment demonstration requirements of section 182(b)(1) and related 
requirements of section 172(c)(9) of the Clean Air Act do not apply to 
the areas for so long as the areas do not monitor any violations of the 
ozone standard. If a violation of the ozone NAAQS is monitored in either 
the Grand Rapids or Muskegon ozone nonattainment area, the determination 
shall no longer apply for the area that experiences the violation.
    (l) Approval--EPA is approving the section 182(f) oxides of nitrogen 
(NOX) reasonably available control technology (RACT), new 
source review (NSR), vehicle inspection/maintenance (I/M), and general 
conformity exemptions for the Grand Rapids (Kent and Ottawa Counties) 
and Muskegon (Muskegon County) moderate nonattainment areas as requested 
by the States of Illinois, Indiana, Michigan, and Wisconsin in a July 
13, 1994 submittal. This approval also covers the exemption of 
NOX transportation and general conformity requirements of 
section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch, 
Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham, 
Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph, 
Saginaw, Shiawasse, and Van Buren.
    (m) Approval--On November 24, 1994, the Michigan Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan. The submittal pertained to a plan for the implementation and 
enforcement of the Federal transportation conformity requirements at the 
State or local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation 
Plans, Programs, and Projects Developed, Funded or Approved Under Title 
23 U.S.C. or the Federal Transit Act.
    (n) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the ozone State Implementation 
Plan for general conformity rules. The general conformity SIP revisions 
enable the State of Michigan to implement and enforce the Federal 
general conformity requirements in the nonattainment or maintenance 
areas at the State or local level in accordance with 40 CFR part 93, 
subpart B--Determining Conformity of General Federal Actions to State or 
Federal Implementation Plans.
    (o) Approval--On March 9, 1996, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Grand 
Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties) 
to attainment for ozone. As part of the redesignation request, the State 
submitted a maintenance plan as required by 175A of the Clean Air Act, 
as amended in 1990. Elements of the section 175A maintenance plan 
include an attainment emission inventory for NOX and VOC, a 
demonstration of maintenance of the ozone NAAQS with projected emission 
inventories to the year 2007 for NOX and VOC, a plan to 
verify continued attainment, a contingency plan, and a commitment to 
submit a subsequent maintenance plan revision in 8 years as required by 
the Clean Air Act. If a violation of the ozone NAAQS, determined not to 
be attributable to transport from upwind areas, is monitored, Michigan 
will implement one or more appropriate contingency measure(s) contained 
in the contingency plan. Once a violation of the ozone NAAQS is 
recorded, the State will notify EPA, review the data for quality 
assurance, and conduct a technical analysis, including an analysis of 
meteorological conditions leading up to and during the exceedances 
contributing to the violation, to determine local culpability.

[[Page 151]]

This preliminary analysis will be submitted to EPA and subjected to 
public review and comment. The State will solicit and consider EPA's 
technical advice and analysis before making a final determination on the 
cause of the violation. The Governor or his designee will select the 
contingency measure(s) to be implemented within 6 months of a monitored 
violation attributable to ozone and ozone precursors from the Grand 
Rapids area. The menu of contingency measures includes a motor vehicle 
inspection and maintenance program, Stage II vapor recovery, RVP 
reduction to 7.8 psi, RACT on major non-CTG VOC sources in the 
categories of coating of plastics, coating of wood furniture, and 
industrial cleaning solvents. The redesignation request and maintenance 
plan meet the redesignation requirements in section 107(d)(3)(E) and 
175A of the Act as amended in 1990, respectively. The redesignation 
meets the Federal requirements of section 182(a)(1) of the Clean Air Act 
as a revision to the Michigan Ozone State Implementation Plan for the 
above mentioned counties.
    (p) Approval--On November 22, 1995 the Michigan Department of 
Natural Resources submitted a petition for exemption from transportation 
conformity requirements for the Muskegon ozone nonattainment area. This 
approval exempts the Muskegon ozone nonattainment area from 
transportation conformity requirements under section 182(b)(1) of the 
Clean Air Act. If a violation of the ozone standard occurs in the 
Muskegon County ozone nonattainment area, the exemption shall no longer 
apply.
    (q) Correction of approved plan--Michigan air quality Administrative 
Rule, R336.1901 (Rule 901)--Air Contaminant or Water Vapor, has been 
removed from the approved plan pursuant to section 110(k)(6) of the 
Clean Air Act (as amended in 1990).
    (r) Approval--On March 9, 1995, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Muskegon 
County ozone nonattainment area to attainment. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by 175A of the Clean Air Act, as amended in 1990. Elements of 
the section 175A maintenance plan include a contingency plan, and an 
obligation to submit a subsequent maintenance plan revision in 8 years 
as required by the Clean Air Act. If the area records a violation of the 
1-hour ozone NAAQS, determined not to be attributable to transport from 
upwind areas, Michigan will implement one or more appropriate 
contingency measure(s) which are in the contingency plan. The menu of 
contingency measures includes a motor vehicle inspection and maintenance 
program, stage II vapor recovery, a low Reid vapor pressure gasoline 
program, and rules for industrial cleanup solvents, plastic parts 
coating, and wood furniture coating.
    (s) Approval--On May 9, 2000, the State of Michigan submitted a 
revision to the Michigan State Implementation Plan for ozone containing 
a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay 
City areas as part of Michigan's request to redesignate the areas from 
nonattainment to attainment for ozone. Elements of the section 175A 
maintenance plan include a contingency plan, and an obligation to submit 
a subsequent maintenance plan revision in 8 years as required by the 
Clean Air Act. If monitors in any of these areas record a violation of 
the ozone NAAQS (which must be confirmed by the State), Michigan will 
adopt, submit to EPA, and implement one or more appropriate contingency 
measure(s) which are in the contingency plan and will submit a full 
maintenance plan under section 175A of the Clean Air Act. The menu of 
contingency measures includes a low Reid vapor pressure gasoline 
program, stage I gasoline vapor recovery, and rules for industrial 
cleanup solvents, plastic parts coating, and wood furniture coating.
    (t) Approval--On March 9, 1995, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Allegan 
County ozone nonattainment area to attainment. As part of the 
redesignation request, the State submitted a maintenance plan as 
required by 175A of the Clean Air Act, as amended in 1990. Elements of 
the section 175A maintenance plan include a contingency plan, and an 
obligation

[[Page 152]]

to submit a subsequent maintenance plan revision in 8 years as required 
by the Clean Air Act. If the area records a violation of the 1-hour 
ozone NAAQS, determined not to be attributable to transport from upwind 
areas, Michigan will implement one or more appropriate contingency 
measure(s) which are in the contingency plan. The menu of contingency 
measures includes rules for plastic parts coating, wood furniture 
coating, and gasoline loading (Stage I vapor recovery).
    (u) Approval--On March 22, 2001, Michigan submitted a revision to 
the ozone maintenance plan for the Muskegon County area. The revision 
consists of allocating a portion of the Muskegon County area's Volatile 
Organic Compounds (VOC) and Oxides of Nitrogen (NOX) safety 
margin to the transportation conformity Motor Vehicle Emission Budget 
(MVEB). The MVEB for transportation conformity purposes for the Muskegon 
County area are now: 8.5 tons per day of VOC emissions and 10.2 tons per 
day of NOX emissions for the year 2010. This approval only 
changes the VOC and NOX transportation conformity MVEB for 
Muskegon County.

[45 FR 58528, Sept. 4, 1980]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1174, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1175  Compliance schedules.

    (a) The requirements of Sec. 51.15(a)(2) of this chapter as of May 
31, 1972, (36 FR 22398) are not met since Rule 336.49 of the Michigan 
Air Pollution Control Commission provides for individual compliance 
schedules to be submitted to the State Agency by January 1, 1974. This 
would not be in time for submittal to the Environmental Protection 
Agency with the first semiannual report.
    (b) [Reserved]
    (c) The requirements of Sec. 51.262(a) of this chapter are not met 
since compliance schedules with adequate increments of progress have not 
been submitted for every source for which they are required.
    (d) Federal compliance schedules. (1) Except as provided in 
paragraph (d)(3) of this section, the owner or operator of any 
stationary source subject to the following emission-limiting regulations 
in the Michigan implementation plan shall comply with the applicable 
compliance schedule in paragraph (d)(2) of this section: Air Pollution 
Control Commission, Department of Public Health, Michigan Rule 336.49.
    (2) Compliance schedules. (i) The owner or operator of any boiler or 
furnace of more than 250 million Btu per hour heat input subject to Rule 
336.49 and located in the Central Michigan Intrastate AQCR, South Bend-
Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR 
(as defined in part 81 of this title) shall notify the Administrator, no 
later than October 1, 1973, of his intent to utilize either low-sulfur 
fuel or stack gas desulfurization to comply with the limitations 
effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.
    (ii) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(i) of this section who elects to utilize low-sulfur 
fuel shall take the following actions with respect to the source no 
later than the dates specified.
    (a) November 1, 1973--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for 
at least one year thereafter.
    (b) December 31, 1973--Sign contracts with fuel suppliers for 
projected fuel requirements.
    (c) January 31, 1974--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (d) March 15, 1974--Let contracts for necessary boiler 
modifications, if applicable.
    (e) June 15, 1974--Initiate onsite modifications, if applicable.
    (f) March 31, 1975--Complete onsite modifications, if applicable.
    (g) July 1, 1975--Achieve final compliance with the applicable July 
1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
    (iii) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(i) of this section who elects to

[[Page 153]]

utilize stack gas desulfurization shall take the following actions with 
respect to the source no later than the dates specified.
    (a) November 1, 1973--Let necessary contracts for construction.
    (b) March 1, 1974--Initiate onsite construction.
    (c) March 31, 1975--Complete onsite construction.
    (d) July 1, 1975--Achieve final compliance with the applicable July 
1, 1975, emission limitation listed in Table 4 of Rule 336.49.
    (e) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1975. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (iv) The owner or operator of any boiler or furnace of more than 250 
million Btu per hour heat input subject to Rule 336.49 and located in 
the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor 
Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the 
Administrator, no later than January 31, 1974, of his intent to utilize 
either low-sulfur fuel or stack gas desulfurization to comply with the 
limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49.
    (v) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur 
fuel shall take the following actions with respect to the source no 
later than the dates specified.
    (a) October 15, 1976--Submit to the Administrator a projection of 
the amount of fuel, by types, that will be substantially adequate to 
enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for 
at least one year thereafter.
    (b) December 31, 1976--Sign contracts with fuel suppliers for 
projected fuel requirements.
    (c) January 31, 1977--Submit a statement as to whether boiler 
modifications will be required. If modifications will be required, 
submit plans for such modifications.
    (d) March 15, 1977--Let contracts for necessary boiler 
modifications, if applicable.
    (e) June 15, 1977--Initiate onsite modifications, if applicable.
    (f) March 31, 1978--Complete onsite modifications, if applicable.
    (g) July 1, 1978--Achieve final compliance with the applicable July 
1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
    (vi) Any owner or operator of a stationary source subject to 
paragraph (d)(2)(iv) of this section who elects to utilize stack gas 
desulfurization shall take the following actions with regard to the 
source no later than the dates specified.
    (a) November 1, 1976--Let necessary contracts for construction.
    (b) March 1, 1977--Initiate onsite construction.
    (c) March 31, 1978--Complete onsite construction.
    (d) July 1, 1978--Achieve final compliance with the applicable July 
1, 1978, mission limitation listed in Table 4 of Rule 336.49.
    (e) If a performance test is necessary for a determination as to 
whether compliance has been achieved, such a test must be completed by 
July 1, 1978. Ten days prior to such a test, notice must be given to the 
Administrator to afford him the opportunity to have an observer present.
    (vii) Any owner or operator subject to a compliance schedule above 
shall certify to the Administrator, within five days after the deadline 
for each increment of progress in that schedule, whether or not the 
increment has been met.
    (3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to 
a source which is presently in compliance with Table 3 or Table 4 of 
Rule 336.49 and which has certified such compliance to the Administrator 
by October 1, 1973. The Administrator may request whatever supporting 
information he considers necessary for proper certification.
    (ii) Any compliance schedule adopted by the State and approved by 
the Administrator shall satisfy the requirements of this paragraph for 
the affected source.

[[Page 154]]

    (iii) Any owner or operator subject to a compliance schedule in this 
paragraph may submit to the Administrator no later than October 1, 1973, 
a proposed alternative compliance schedule. No such compliance schedule 
may provide for final compliance after the final compliance date in the 
applicable compliance schedule of this paragraph. If promulgated by the 
Administrator, such schedule shall satisfy the requirements of this 
paragraph for the affected source.
    (4) Nothing in this paragraph shall preclude the Administrator from 
promulgating a separate schedule for any source to which the application 
of the compliance schedule in paragraph (d)(2) of this section fails to 
satisfy the requirements of Sec. Sec. 51.261 and 51.262(a) of this 
chapter.
    (e) The compliance schedules for the sources identified below are 
approved as meeting the requirements of Sec. 51.104 and subpart N of 
this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

                                                    Michigan
                                         [See footnotes at end of table]
----------------------------------------------------------------------------------------------------------------
                                                          Regulations        Date schedule     Final compliance
             Source                    Location            involved             adopted              date
----------------------------------------------------------------------------------------------------------------
                                                 berrien county
----------------------------------------------------------------------------------------------------------------
Conoco, Inc.....................  Berrien...........  R336.1603,          Sept. 26, 1981....  Dec. 31, 1982.
                                                       R336.1609.
---------------------------------
                                                 calhoun county
----------------------------------------------------------------------------------------------------------------
Clark Oil and Refining Corp.....  Calhoun...........  R336.1603           May 14, 1982......  Dec. 31, 1982.
                                                       R336.1609.
---------------------------------
                                                charlevoix county
----------------------------------------------------------------------------------------------------------------
Northern Michigan Electric        Boyne City........  336.1401 (336.49).  Jan. 10, 1980.....  Jan. 1, 1985.
 Cooperative Advance Steam Plant.
---------------------------------
                                                 genesee county
----------------------------------------------------------------------------------------------------------------
Buick Motor Division............  City of Flint.....  R336.1301.........  May 5, 1980.......  Dec. 31, 1982.
GM Warehousing Dist. Div.         Genesee...........  R336.1331.........  Dec. 31, 1981.....  Oct. 15, 1983.
 Boilers 1 and 2.
GM Warehousing Dist. Div.         ......do..........  R336.1331.........  Dec. 1, 1981......  Oct. 15, 1981.
 Boilers 3 and 4.
---------------------------------
                                                  macomb county
----------------------------------------------------------------------------------------------------------------
New Haven Foundry...............  Macomb County.....  R336.1301,          Aug. 14, 1980.....  June 30, 1985.
                                                       R336.1331,
                                                       R336.1901.
---------------------------------
                                                 midland county
----------------------------------------------------------------------------------------------------------------
Dow Chemical....................  Midland...........  R336.1301 and       July 21, 1982.....  Dec. 31, 1985.
                                                       R336.1331.
---------------------------------
                                                  monroe county
----------------------------------------------------------------------------------------------------------------
Detroit Edison (Monroe plant)...  Monroe............  336.49............  July 7, 1977......  Jan. 1, 1985.
Dundee Cement Company...........  Dundee............  336.41, 44........  Oct. 17, 1979.....  Dec. 31, 1983.
                                                      (336.1301,
                                                       336.1331).
Union Camp......................  Monroe............  336.1401..........  Jan. 3, 1980......  Jan. 1, 1985.
                                                      (336.49)..........
---------------------------------
                                                 muskegon county
----------------------------------------------------------------------------------------------------------------
Consumers Power Company (B. C.    Muskegon..........  336.1401..........  Dec. 10, 1979.....  Jan. 1, 1985.
 Cobb).                                               (336.49)..........
S. D. Warren Co.................  Muskegon..........  336.49 (336.1401).  Oct. 31, 1979.....  Nov. 1, 1984.
Marathon Oil....................  ......do..........  336.1603..........  July 31, 1981.....  Dec. 31, 1982.
---------------------------------

[[Page 155]]

 
                                                 saginaw county
----------------------------------------------------------------------------------------------------------------
Grey Iron Casting and Nodular     Saginaw...........  R336.1301.........  Apr. 16, 1980.....  Dec. 31, 1982.
 Iron Casting Plants.
---------------------------------
                                                  wayne county
----------------------------------------------------------------------------------------------------------------
Boulevard Heating Plant.........  Wayne.............  R336.1331.........  Apr. 28, 1981.....  Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
Footnotes:
\1\ For the attainment of the primary standard.
\2\ For the attainment of the secondary standard.
\3\ For the maintenance of the secondary standard.

    (f) The compliance schedules for the sources identified below are 
disapproved as not meeting the requirements of Sec. 51.15 of this 
chapter. All regulations cited are air pollution control regulations of 
the State, unless otherwise noted.

                                                    Michigan
----------------------------------------------------------------------------------------------------------------
                Source                         Location           Regulation involved     Date schedule adopted
----------------------------------------------------------------------------------------------------------------
                                                   bay county
----------------------------------------------------------------------------------------------------------------
Consumer Power (Karn Plant)..........  Essexville.............  336.44.................  Sept. 18, 1973.
--------------------------------------
                                                  ottawa county
----------------------------------------------------------------------------------------------------------------
Consumer Power Co. (Campbell Plant     West Olive.............  336.44.................  Sept. 18, 1973.
 Units 1, 2).
----------------------------------------------------------------------------------------------------------------


[37 FR 10873, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1175, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1176  Review of new sources and modifications. [Reserved]



Sec. Sec. 52.1177-52.1178  [Reserved]



Sec. 52.1179  Control strategy: Carbon monoxide.

    Approval--On March 18, 1999, the Michigan Department of 
Environmental Quality submitted a request to redesignate the Detroit CO 
nonattainment area (consisting of portions of Wayne, Oakland, and Macomb 
Counties) to attainment for CO. As part of the redesignation request, 
the State submitted a maintenance plan as required by 175A of the Clean 
Air Act, as amended in 1990. Elements of the section 175A maintenance 
plan include a base year (1996 attainment year) emission inventory for 
CO, a demonstration of maintenance of the ozone NAAQS with projected 
emission inventories to the year 2010, a plan to verify continued 
attainment, a contingency plan, and an obligation to submit a subsequent 
maintenance plan revision in 8 years as required by the Clean Air Act. 
If the area records a violation of the CO NAAQS (which must be confirmed 
by the State), Michigan will implement one or more appropriate 
contingency measure(s) which are contained in the contingency plan. The 
menu of contingency measures includes enforceable emission limitations 
for stationary sources, transportation control measures, or a vehicle 
inspection and maintenance program. The redesignation request and 
maintenance plan meet the redesignation requirements in section 
107(d)(3)(E) and 175A of the Act as amended in 1990, respectively.

[64 FR 35023, June 30, 1999]

[[Page 156]]



Sec. 52.1180  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
State of Michigan.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of Michigan shall be 
submitted to the Michigan Department of Natural Resources, Air Quality 
Division, P.O. Box 30028, Lansing, Michigan 48909.

[45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980, as amended at 68 
FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]



Sec. 52.1181  Interstate pollution.

    (a) The requirements of Section 126(a)(1) of the Clean Air Act as 
amended in 1977 are not met since the state has not submitted to EPA, as 
a part of its State Implementation Plan, the procedures on which the 
state is relying to notify nearby states of any proposed major 
stationary source which may contribute significantly to levels of air 
pollution in excess of the National Ambient Air Quality Standards in 
that state.

[46 FR 30084, June 5, 1981]



Sec. 52.1182  State boards.

    (a) The requirements of Section 128 of the Clean Air Act as amended 
in 1977 are not met since the state has not submitted to EPA, as a part 
of its State Implementation Plan, the measures on which the state is 
relying to insure that the Air Pollution Control Commission contains a 
majority of members who represent the public interest and do not derive 
a significant portion of their income from persons subject to permits or 
enforcement orders under the Act and that the board members adequately 
disclose any potential conflicts of interest.

[46 FR 30084, June 5, 1981]



Sec. 52.1183  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26 and 52.28 are hereby incorporated and 
made a part of the applicable plan for the State of Michigan.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Michigan.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1184  Small business stationary source technical and environmental 
compliance assistance program.

    The Michigan program submitted on November 13, 1992, January 8, 
1993, and November 12, 1993, as a requested revision to the Michigan 
State Implementation Plan satisfies the requirements of section 507 of 
the Clean Air Act Amendments of 1990.

[59 FR 28788, June 3, 1994]



Sec. 52.1185  Control strategy: Carbon monoxide.

    (a) Approval--On November 24, 1994, the Michigan Department of 
Natural Resources submitted a revision to the carbon monoxide State 
Implementation Plan. The submittal pertained to a plan for the 
implementation and enforcement of the Federal transportation conformity 
requirements at the State or local level in accordance with 40 CFR part 
51, subpart T--Conformity to State or Federal Implementation Plans of 
Transportation Plans, Programs, and Projects Developed, Funded or 
Approved Under Title 23 U.S.C. or the Federal Transit Act.
    (b) Approval--On November 29, 1994, the Michigan Department of 
Natural Resources submitted a revision to the carbon monoxide State 
Implementation Plan for general conformity rules. The general conformity 
SIP revisions enable the State of Michigan to implement and enforce the 
Federal general conformity requirements in the nonattainment or 
maintenance areas at

[[Page 157]]

the State or local level in accordance with 40 CFR part 93, subpart B--
Determining Conformity of General Federal Actions to State or Federal 
Implementation Plans.

[61 FR 66609, 66611, Dec. 18, 1996]



Sec. 52.1218  Identification of plan--conditional approval.

    The plan revision commitment listed in paragraph (a) was submitted 
on the date specified.
    (a) On April 3, 2003, the Michigan Department of Environmental 
Quality submitted a revision to the Michigan State Implementation Plan. 
The revision adds rules which require the reduction of oxides of 
nitrogen from electric generating units, large industrial commercial and 
institutional boilers and cement kilns.
    (1) Incorporation by reference. The following rules are incorporated 
by reference: R 336.1802 Applicability under oxides of nitrogen budget 
trading program, Rule 802; R 336.1803 Definitions for oxides of nitrogen 
budget trading program, Rule 803; R 336.1804 Retired unit exemption from 
oxides of nitrogen budget trading program, Rule 804; R 336.1805 Standard 
requirements of oxides of nitrogen budget trading program, Rule 805; R 
336.1806 Computation of time under oxides of nitrogen budget trading 
program, Rule 806; R 336.1807 Authorized account representative under 
oxides of nitrogen budget trading program, Rule 807; R 336.1808 Permit 
requirements under oxides of nitrogen budget trading program, Rule 808; 
R 336.1809 Compliance certification under oxides of nitrogen budget 
trading program, Rule 809; R 336.1810 Allowance allocations under oxides 
of nitrogen budget trading program, Rule 810; R 336.1811 New source set-
aside under oxides of nitrogen budget trading program, Rule 811; R 
336.1812 Allowance tracking system and transfers under oxides of 
nitrogen budget trading program, Rule 812; R 336.1813 Monitoring and 
reporting requirements under oxides of nitrogen budget trading program, 
Rule 813; R 336.1814 Individual opt-ins under oxides of nitrogen budget 
trading program, Rule 814; R 336.1815 Allowance banking under oxides of 
nitrogen budget trading program, Rule 815; R 336.1816 Compliance 
supplement pool under oxides of nitrogen budget trading program, Rule 
816; R 336.1817 Emission limitations and restrictions for Portland 
cement kilns, Rule 817. These rules became effective in the State on 
December 4, 2002.
    (2) [Reserved]
    (b) [Reserved]

[69 FR 20549, Apr. 16, 2004]



                           Subpart Y_Minnesota



Sec. 52.1219  Identification of plan--conditional approval.

    (a) On November 12, 1993, the Minnesota Pollution Control Agency 
submitted a revision request to Minnesota's carbon monoxide SIP for 
approval of the State's basic inspection and maintenance (I/M) program. 
The basic I/M program requirements apply to sources in the State's 
moderate nonattainment areas for carbon monoxide and includes the 
following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and 
Washington Counties. The USEPA is conditionally approving Minnesota's 
basic I/M program provided that the State adopt specific enforceable 
measures as outlined in its July 5, 1994 letter from Charles W. 
Williams, Commissioner, Minnesota Air Pollution Control Agency.
    (i) Incorporation by reference.
    (A) Minnesota Rules relating to Motor Vehicle Emissions parts 
7023.1010 to 7023.1105, effective January 8, 1994.
    (ii) Additional material.
    (A) Letter from the State of Minnesota to USEPA dated July 5, 1994.
    (b) On February 9, 1996, the State of Minnesota submitted a request 
to revise its particulate matter (PM) State Implementation Plan (SIP) 
for the Saint Paul area. This SIP submittal contains administrative 
orders which include control measures for three companies located in the 
Red Rock Road area--St. Paul Terminals, Inc., Lafarge Corporation and 
AMG Resources Corporation. Recent exceedances were attributed to changes 
of emissions/operations that had occurred at particular sources in the 
area. The results from the modeling analysis submitted with the Red Rock 
Road SIP revision, preliminarily demonstrate protection of the PM 
National Ambient Air Quality Standards

[[Page 158]]

(NAAQS). However, due to the lack of emission limits and specific 
information regarding emission distribution at Lafarge Corporation 
following the installation of the pneumatic unloader, EPA is 
conditionally approving the SIP revision at this time. Final approval 
will be conditioned upon EPA receiving a subsequent modeled attainment 
demonstration with specific emission limits for Lafarge Corporation, 
corrected inputs for Peavey/Con-Agra, and consideration of the sources 
in the 2-4 km range which have experienced emission changes that may 
impact the Red Rock Road attainment demonstration.

[59 FR 51863, Oct. 13, 1994, as amended at 62 FR 39123, July 22, 1997]



Sec. 52.1220  Identification of plan.

    (a) Title of plan: ``Implementation Plan to Achieve National Ambient 
Air Quality Standards.''
    (b) The plan was officially submitted on January 28, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) A revised copy of the State emergency episode criteria was 
forwarded on February 7, 1972. (Non-regulatory)
    (2) Information concerning intergovernmental cooperation was 
submitted by the Minnesota Pollution Control Agency on March 27, 1972.
    (3) Certification that the State had adopted amendments to APC-1, 3, 
4, 11, and 15, adopted a new air pollution control regulation (APC-16) 
and projected manpower resources was submitted by the State on April 28, 
1972.
    (4) An opinion on the availability of emission data to the public 
and evaluation of regulation concerning new construction was submitted 
by the State Attorney General's office on June 15, 1972. (Non-
regulatory)
    (5) A revised version of the State's regulation APC-3 was submitted 
by the Governor on July 25, 1972.
    (6) On June 8, 1973, the Governor of Minnesota submitted a 
transportation control plan for the Minneapolis-St. Paul Intrastate Air 
Quality Control Region.
    (7) Information concerning the transportation control plan was 
submitted on June 18, 1973, by the Minnesota Pollution Control Agency.
    (8) Compliance schedules were submitted on June 28, 1973, by the 
Minnesota Pollution Control Agency.
    (9) Information concerning the transportation control plan was 
submitted on July 30, 1973, by the Metropolitan Transit Commission.
    (10) Information concerning the transportation control plan was 
submitted on August 1, 1973, by the Minnesota Department of Highways.
    (11) Compliance schedules were submitted on August 9, 1973, by the 
Minnesota Pollution Control Agency.
    (12) On November 15, 1974, the Governor of Minnesota submitted 
recommended Air Quality Maintenance Area identifications.
    (13) A request for an extension of the statutory timetable for the 
submittal of the portion of the Minnesota State Implementation Plan 
implementing the National Secondary Ambient Air Quality Standards for 
total suspended particulates was submitted by the Executive Director of 
the Minnesota Pollution Control Agency on January 8, 1979, and was 
supplemented with additional information on March 9, 1979.
    (14) A transportation control plan for the St. Cloud Metropolitan 
Area was submitted on May 17, 1979, by the Minnesota Pollution Control 
Agency.
    (15) Transportation control plans for the Metropolitan Areas of 
Duluth, Rochester and Minneapolis-St. Paul were submitted on July 3, 
1979, and July 23, 1979, by the Minnesota Pollution Control Agency.
    (16) On March 5, 1980, the State of Minnesota submitted a revision 
to provide for modification of the existing air quality surveillance 
network. An amendment to the revision was submitted by the State of 
Minnesota on June 2, 1980.
    (17) The sulfur dioxide control plan and revised operating permits 
for the Rochester and Twin Cities nonattainment areas were submitted by 
the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments 
to the control plans were submitted on September 4, 1980. EPA's approval 
of the control plan includes approval of the emission limitations 
contained in the revised operating permits.
    (18) Stipulation Agreement between the State Pollution Control 
Agency

[[Page 159]]

and Erie Mining Company submitted by the State on February 20, 1981.
    (19) On July 29, 1981, the Minnesota Pollution Control Agency 
submitted an amendment to the transportation control plan for the 
Minneapolis-St. Paul Metropolitan Area.
    (20) On August 4, 1980, and October 17, 1980, the State submitted 
its total suspended particulate Part D control plans for the Twin Cities 
Seven County Metropolitan Area and the City of Duluth. As part of the 
control strategies the State on January 5, 1981 submitted rule APC-33 
and on January 23, 1981 further submitted amended and new rules. The 
amended and new rules that control total suspended particulate (TSP) 
emissions are: Amended APC-2, APC-4, APC-5, APC-7, APC-11; and new APC-
18, APC-21, APC-22, APC-23, APC-24, APC-25, APC-26, APC-28, APC-29, and 
APC-32. Regulations APC-4, APC-24, and APC-32 are only approved as they 
apply to TSP emissions.
    (21) On January 23, 1981, the State submitted new rules and 
amendments to some of their previously approved rules. On November 17, 
1981, the State submitted amendments to APC-33. On May 6, 1982 (47 FR 
19520), EPA approved some of the rules insofar as they applied to the 
total suspended particulate strategy for the Twin Cities Seven County 
Metropolitan Area and the City of Duluth. The remainder of the rules 
are:
    (i) Those portions of APC-4, APC-24, and APC-32 which control 
emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii) 
the amendments to APC-33; and (iii) APC-8, APC-12, APC-13, APC-15, APC-
16, APC-19 and APC-39.
    (22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional 
information was submitted on February 15, 1984, and February 21, 1984.
    (23) On May 20, 1985, and on April 17, 1986, the State submitted a 
carbon monoxide plan for the intersection of Snelling and University 
Avenues in the City of St. Paul. The plan committed to improved signal 
progression through the intersection by December 31, 1987, and a parking 
ban on University Avenue within 1 block in either direction of the 
intersection with Snelling Avenue by December 31, 1989.
    (i) Incorporation by reference.
    (A) Amendment to Air Quality Control Plan for Transportation for the 
Metropolitan Council of the Twin Cities Area dated January 28, 1985.
    (B) Letter from Minnesota Pollution Control Agency, dated April 17, 
1986, and letter from the City of St. Paul, dated April 1, 1986, 
committing to implementing of transportation control measures.
    (24) On January 7, 1985, the State of Minnesota submitted a 
consolidated permit rule (CPR) to satisfy the requirements of 40 CFR 
51.160 through 51.164 for a general new source review (NSR) program, 
including lead. On October 25, 1985, the State submitted a Memorandum of 
Agreement (MOA) which remedied certain deficiencies (40 CFR 52.1225(d)). 
On October 1, 1986, and January 14, 1987, the State committed to 
implement its NSR program using USEPA's July 8, 1985 (50 FR 27892), 
regulations for implementing the stack height requirements of Section 
123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving the 
above for general NSR purposes for all sources, except it is 
disapproving them for those few sources subject to an NSPS requirement 
(40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303 
B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will 
continue to apply. Additionally, USEPA is taking no action on the CPR in 
relationship to the requirements of Section 111, Part C, and Part D of 
the Clean Air Act.
    (i) Incorporation by reference.
    (A) Within Title 6 Environment, Minnesota Code of Administrative 
Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section 
4.0002, Parts A, B, C, and E--Definitions, Abbreviations, Applicability 
of Standards, and Circumvention (formerly APC 2) Proposed and Published 
in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October 
17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8 
S.R. 2275.
    (B) Rules 6 MCAR section 4.4001 through section 4.4021--Permits 
(formerly APC 3)--Proposed and Published on December 19, 1983, at 8 S.R. 
1419 (text of rule starting at 8 S.R. 1420) and

[[Page 160]]

adopted as modified on April 16, 1984, at 8 S.R. 2278.
    (C) Rules 6 MCAR section 4.4301 through section 4.4305--Air Emission 
Facility Permits--Proposed and Published on December 19, 1983, at 8 S.R. 
1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on 
April 16, 1984, at 8 S.R. 2276.
    (D) Rules 6 MCAR section 4.4311 through section 4.4321--Indirect 
Source Permits (formerly APC 19)--Proposed and Published on December 19, 
1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted 
as modified on April 16, 1984, at 8 S.R. 2277.
    (25) On July 9, 1986, the State of Minnesota submitted Rules 
7005.2520 through 7005.2523, submitted to replace the rule APC-29 in the 
existing SIP (see paragraph (20)). This submittal also included State 
permits for three sources, but these permits were withdrawn from USEPA 
consideration on February 24, 1992. This submittal provides for 
regulation of particulate matter from grain handling facilities, and was 
submitted to satisfy a condition on the approval of Minnesota's Part D 
plan for particulate matter.
    (i) Incorporation by reference.
    (A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards 
of Performance for Dry Bulk Agricultural Commodity Facilities; Rule 
7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule, 
promulgated by Minnesota on January 16, 1984, and effective at the State 
level on January 23, 1984.
    (ii) Additional Material.
    (A) Appendix E to Minnesota's July 9, 1986, submittal, which is a 
statement signed on April 18, 1986, by Thomas J. Kalitowski, Executive 
Director, Minnesota Pollution Control Agency, interpreting Rules 
7005.2520 through 7005.2523 in the context of actual barge loading 
practices in Minnesota.
    (26) On March 13, 1989, the State of Minnesota requested that EPA 
revise the referencing of regulations in the SIP to conform to the 
State's recodification of its regulations. On November 26, 1991, and 
September 18, 1992, the State submitted an official version of the 
recodified regulations to be incorporated into the SIP. The recodified 
regulations are in Chapter 7001 and Chapter 7005 of Minnesota's 
regulations. Not approved as part of the SIP are recodified versions of 
regulations which EPA previously did not approve. Therefore, the SIP 
does not include Rules 7005.1550 through 7005.1610 (National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for asbestos), Rules 
7005.2300 through 7005.2330 (limits for iron and steel plants), Rules 
7005.2550 through 7005.2590 (NESHAP for beryllium), Rules 7005.2650 
through 7005.2690 (NESHAP for mercury), Rule 7005.0116 (Opacity Standard 
Adjustment) and Rule 7005.2910 (Performance Test Methods for coal 
handling facilities). Similarly, the SIP continues to exclude the 
exemption now in Rule 7001.1210 as applied to small sources subject to 
new source performance standards, and the SIP is approved only for 
``existing sources'' in the case of Rules 7005.1250 through 7005.1280 
(Standards of Performance for Liquid Petroleum Storage Vessels), Rules 
7005.1350 through 7005.1410 (Standards of Performance for Sulfuric Acid 
Plants), Rules 7005.1450 through 7005.1500 (Standards of Performance for 
Nitric Acid Plants), and Rules 7005.2100 through 7005.2160 (Standards of 
Performance for Petroleum Refineries). The SIP also does not include 
changes in the State's Rule 7005.0100 (relating to offsets) that were 
withdrawn by the State on February 24, 1992, and does not include the 
new rules 7005.0030 and 7005.0040.
    (i) Incorporation by reference.
    (A) Minnesota regulations in Chapter 7005 as submitted November 26, 
1991, and in Chapter 7001 as submitted September 18, 1992, except for 
those regulations that EPA has not approved as identified above.
    (27) On August 16, 1982, the MPCA submitted an amendment to the St. 
Cloud Area Air Quality Control Plan for Transportation as a State 
Implementation Plan revision. This revision to the SIP was adopted by 
the Board of the Minnesota Pollution Control Agency on July 27, 1982. On 
August 31, 1989, the Minnesota Pollution Control Agency submitted a 
revision to the Minnesota State Implementation Plan (SIP) for carbon 
monoxide deleting the Lake George Interchange roadway improvement 
project (10th Avenue at

[[Page 161]]

First Street South) from its St. Cloud transportation control measures. 
This revision to the SIP was approved by the Board on June 27, 1989.
    (i) Incorporation by reference.
    (A) Letter dated August 16, 1982, from Louis J. Breimburst, 
Executive Director, Minnesota Pollution Control Agency to Valdas V. 
Adamkus, Regional Administrator, United States Environmental Protection 
Agency--Region 5 and its enclosed amendment to the Air Quality Plan for 
Transportation for the St. Cloud Metropolitan Area entitled, ``Staff 
Resolution,'' measures 1, 4 and 5 adopted by the Minnesota Pollution 
Control Agency on July 27, 1982.
    (B) Letter dated August 31, 1989, from Gerald L. Willet, 
Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus, 
Regional Administrator, United States Environmental Protection Agency--
Region 5.
    (28) On November 9, 1992, the State of Minnesota submitted the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance plan. This submittal satisfies the requirements of section 
507 of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the 
Legislature, and signed into Law on April 29, 1992.
    (29) On November 26, 1991, August 31, 1992, November 13, 1992, 
February 3, 1993, April 30, 1993, and October 15, 1993, the State of 
Minnesota submitted revisions to its State Implementation Plans (SIPs) 
for particulate matter for the Saint Paul and Rochester areas.
    (i) Incorporation by reference.
    (A) An administrative order for Ashbach Construction Company, dated 
August 25, 1992, submitted August 31, 1992, for the facility at 
University Avenue and Omstead Street.
    (B) An administrative order for Commercial Asphalt, Inc., dated 
August 25, 1992, submitted August 31, 1992, for the facility at Red Rock 
Road.
    (C) An administrative order for Great Lakes Coal & Dock Company 
dated August 25, 1992, submitted August 31, 1992, for the facility at 
1031 Childs Road.
    (D) An administrative order for Harvest States Cooperatives dated 
January 26, 1993, submitted February 3, 1993, for the facility at 935 
Childs Road.
    (E) An administrative order for LaFarge Corporation dated November 
30, 1992, submitted in a letter dated November 13, 1992, for the 
facility at 2145 Childs Road.
    (F) An administrative order for the Metropolitan Waste Control 
Commission and the Metropolitan Council dated November 30, 1992, 
submitted in a letter dated November 13, 1992, for the facility at 2400 
Childs Road.
    (G) An administrative order for North Star Steel Company dated April 
22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock 
Road.
    (H) An administrative order for PM Ag Products, Inc., dated August 
25, 1992, submitted August 31, 1992, for the facility at 2225 Childs 
Road.
    (I) An administrative order for Rochester Public Utilities dated 
November 30, 1992, submitted in a letter dated November 13, 1992, for 
the facility at 425 Silver Lake Drive.
    (J) An amendment to the administrative order for Rochester Public 
Utilities, dated October 14, 1993, submitted October 15, 1993, for the 
facility at 425 Silver Lake Drive.
    (K) An administrative order for J.L. Shiely Company dated August 25, 
1992, submitted August 31, 1992, for the facility at 1177 Childs Road.
    (ii) Additional materials.
    (A) A letter from Charles Williams to Valdas Adamkus dated November 
26, 1991, with attachments.
    (B) A letter from Charles Williams to Valdas Adamkus dated August 
31, 1992, with attachments.
    (C) A letter from Charles Williams to Valdas Adamkus dated November 
13, 1992, with attachments.
    (D) A letter from Charles Williams to Valdas Adamkus dated February 
3, 1993, with attachments.
    (E) A letter from Charles Williams to Valdas Adamkus dated April 30, 
1993, with attachments.
    (F) A letter from Charles Williams to Valdas Adamkus dated October 
15, 1993, with attachments.
    (30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State 
of Minnesota submitted revisions to its State Implementation Plans 
(SIPs) for sulfur dioxide for Air Quality Control Region

[[Page 162]]

(AQCR) 131 (excluding the Dakota County Pine Bend area and an area 
around Ashland Refinery in St. Paul Park).
    (i) Incorporation by reference.
    (A) An administrative order, received on June 4, 1992, for FMC 
Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota. 
The administrative order became effective on May 27, 1992. Amendment 
One, which was received on March 30, 1993, became effective on March 5, 
1993. Amendment Two, which was received on July 15, 1993, became 
effective on June 30, 1993.
    (B) An administrative order, received on June 4, 1992, for Federal 
Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The 
administrative order became effective on May 27, 1992. Amendment one, 
received on July 15, 1993, became effective on June 30, 1993.
    (C) An administrative order, received on June 4, 1992, for GAF 
Building Materials Corporation (Asphalt Roofing Products Manufacturing 
Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County, 
Minnesota. The administrative order became effective on May 27, 1992. 
Amendment One, received on July 15, 1993, became effective on June 30, 
1993.
    (D) An administrative order, received on June 4, 1992, for Northern 
States Power Company-Riverside Generating Plant, located in Minneapolis, 
Hennepin County, Minnesota. The administrative order became effective on 
May 27, 1992. Amendment One, received on July 15, 1993, became effective 
on June 30, 1993.
    (E) An administrative order for Minneapolis Energy Center, received 
on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo 
Line Boiler Plant all located in Minneapolis, Hennepin County, 
Minnesota. The administrative order became effective on June 30, 1993.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated May 29, 
1992, with enclosures providing technical support (e.g., computer 
modeling) for the revisions to the administrative orders for five 
facilities.
    (B) A letter from Charles Williams to Valdas Adamkus dated March 26, 
1993, with enclosures providing technical support for an amendment to 
the administrative order for FMC Corporation and U.S. Navy.
    (C) A letter from Charles Williams to Valdas Adamkus dated July 12, 
1993, with enclosures providing technical support for amendments to 
administrative orders for four facilities and a reissuance of the 
administrative order to Minneapolis Energy Center, Inc.
    (31) In a letter dated October 30, 1992, the MPCA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Duluth, 
Minnesota. This revision contains a maintenance plan that the area will 
use to maintain the CO NAAQS. The maintenance plan contains park and 
ride lots and an oxygenated fuels program as the contingency measure.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosures entitled Appendix E.
    (ii) Additional information.
    (A) Letter dated November 10, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (B) Letter dated December 22, 1993, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (32) In a letter dated October 30, 1992, the MPCA submitted a 
revision to the Carbon Monoxide State Implementation Plan for Duluth, 
Minnesota. This revision removes a transportation control measure (TCM) 
from the State Implementation Plan. The TCM is an increased turning 
radius at 14th Avenue and 3rd Street East.
    (i) Incorporation by reference.
    (A) Letter dated October 30, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5 
and its enclosure entitled Appendix D.
    (ii) Additional information.

[[Page 163]]

    (A) Letter dated November 10, 1992, from Charles Williams, 
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus, 
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
    (33) On August 5, 1992, and August 26, 1993, the State of Minnesota 
submitted its ``Offset Rules'' as revisions to its State Implementation 
Plan (SIP) for new source review in nonattainment areas.
    (i) Incorporation by reference.
    (A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments 
effective August 24, 1992.
    (B) Amendments to Rule 7005.3040, effective June 28, 1993.
    (ii) Additional materials.
    (A) A letter from Charles Williams to Valdas Adamkus dated August 5, 
1992, with attachments.
    (B) A letter from Charles Williams to Valdas Adamkus dated August 
26, 1993, with attachments.
    (34) On November 9, 1992, the State of Minnesota submitted the 
Oxygenated Gasoline Program. This submittal satisfies the requirements 
of section 211(m) of the Clean Air Act, as amended.
    (i) Incorporation by reference.
    (A) Minnesota Laws Chapter 2509, sections 1 through 31, except for 
sections 29 (b) and (c), enacted by the Legislature and signed into Law 
on April 29, 1992.
    (ii) Additional material.
    (A) Letter dated August 12, 1994, from the Minnesota Pollution 
Control Agency (MPCA), to the United States Environmental Protection 
Agency that withdraws the MPCA Board resolution dated October 27, 1992, 
and any reference to it, from the oxygenated gasoline State 
Implementation Plan revision request of 1992.
    (35) On July 29, 1992, February 11, 1993, and February 25, 1994, the 
State of Minnesota submitted revisions to its State Implementation Plans 
(SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air 
Quality Control Region (AQCR) 131.
    (i) Incorporation by reference.
    (A) For Continental Nitrogen and Resources Corporation, located in 
Rosemount, Dakota County, Minnesota:
    (1) An administrative order, dated and effective July 28, 1992, 
submitted July 29, 1992.
    (2) Amendment One to the administrative order, dated and effective 
February 25, 1994, submitted February 25, 1994.
    (B) For Northern States Power Company, Inver Hills Generating 
Facility, located in Dakota County, Minnesota:
    (1) An administrative order, dated and effective July 28, 1992, 
submitted July 29, 1992.
    (2) Amendment one to the administrative order, dated and effective 
February 25, 1994, submitted February 25, 1994.
    (C) For Koch Refining Company and Koch Sulfuric Acid Unit, located 
in the Pine Bend area of Rosemount, Dakota County, Minnesota:
    (1) An administrative order, identified as Amendment One to Findings 
and Order by Stipulation, dated and effective March 24, 1992, submitted 
July 29, 1992.
    (2) Amendment two to the administrative order, dated and effective 
January 22, 1993, submitted February 11, 1993.
    (3) Amendment three to the administrative order, dated and effective 
February 25, 1994, submitted February 25, 1994.
    (ii) Additional material.
    (A) A letter from Charles Williams to Valdas Adamkus dated July 29, 
1992, with enclosures providing technical support (e.g., computer 
modeling) for the revisions to the administrative orders for three 
facilities.
    (B) A letter from Charles Williams to Valdas Adamkus dated February 
11, 1993, submitting Amendment Two to the administrative order for Koch 
Refining Company.
    (C) A letter from Charles Williams to Valdas Adamkus dated February 
25, 1994, with enclosures providing technical support for amendments to 
administrative orders for three facilities.
    (36) On June 22, 1993, and September 13, 1994, the State of 
Minnesota submitted revisions to its State Implementation Plan for lead 
for a portion of Dakota County.
    (i) Incorporation by reference.

[[Page 164]]

    (A) For Gopher Smelting and Refining Company, located in the city of 
Eagan, Dakota County, Minnesota:
    (1) An administrative order, dated, submitted, and effective June 
22, 1993.
    (2) Amendment One to the administrative order, dated, submitted, and 
effective, September 13, 1994.
    (ii) Additional material.
    (A) A letter from Charles W. Williams to Valdas V. Adamkus, dated 
June 22, 1993, with enclosures providing technical support (e.g., 
computer modeling) for the revisions to the State Implementation Plan 
for lead.
    (B) A letter from Charles W. Williams to Valdas V. Adamkus, dated 
September 13, 1994, with enclosures providing technical support for the 
revised administrative order for Gopher Smelting and Refining Company.
    (37) On March 9, 1994, the State of Minnesota submitted a revision 
to its particulate matter plan for the Saint Paul area, providing 
substitute limits for an aggregate heater at the J.L. Shiely facility.
    (i) Incorporation by reference.
    (A) An amendment dated January 12, 1994, amending the administrative 
order of August 25, 1992, for the J.L. Shiely facility at 1177 Childs 
Road, Saint Paul.

    Editorial Note: At 60 FR 21451, May 2, 1995 the following paragraph 
(c)(37) was added to Sec. 52.1220.
    (37) On November 23, 1993, the State of Minnesota submitted updated 
air permitting rules.
    (i) Incorporation by reference.
    (A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.
    (B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550, 
7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10, 
1993.
    (38)-(39) [Reserved]
    (40) On November 23, 1993, the State of Minnesota requested 
recodification of the regulations in its State Implementation Plan, 
requested removal of various regulations, and submitted recodified 
regulations containing minor revisions.
    (i) Incorporation by reference.
    (A) Minnesota regulations in Chapters 7005, 7007, 7009, 7011, 7017, 
7019, and 7023, effective October 18, 1993.
    (B) Submitted portions of Minnesota Statutes Sections 17.135, 88.01, 
88.02, 88.03, 88.16, 88.17, and 88.171, effective 1993.
    (41) On December 22, 1994, Minnesota submitted miscellaneous 
amendments to 11 previously approved administrative orders. In addition, 
the previously approved administrative order for PM Ag Products (dated 
August 25, 1992) is revoked.
    (i) Incorporation by reference.
    (A) Amendments, all effective December 21, 1994, to administrative 
orders approved in paragraph (c)(29) of this section for: Ashbach 
Construction Company; Commercial Asphalt, Inc.; Great Lakes Coal & Dock 
Company; Harvest States Cooperatives; LaFarge Corporation; Metropolitan 
Council; North Star Steel Company; Rochester Public Utilities; and J.L. 
Shiely Company.
    (B) Amendments, effective December 21, 1994, to the administrative 
order approved in paragraph (c)(30) of this section for United Defense, 
LP (formerly FMC/U.S. Navy).
    (C) Amendments, effective December 21, 1994, to the administrative 
order approved in paragraph (c)(35) of this section for Northern States 
Power-Inver Hills Station.
    (42) On September 7, 1994, the State of Minnesota submitted a 
revision to its State Implementation Plan (SIP) for particulate matter 
for the Rochester area of Olmsted County, Minnesota.
    (i) Incorporation by reference.
    (A) Amendment Two to the administrative order for the Silver Lake 
Plant of Rochester Public Utilities, located in Rochester, Minnesota, 
dated and effective August 31, 1994, submitted September 7, 1994.
    (43) On November 12, 1993, the State of Minnesota submitted a 
contingency plan to control the emissions of carbon monoxide from mobile 
sources by use of oxygenated gasoline on a year-round basis. The 
submittal of this program satisfies the provisions under section 
172(c)(9) and 172(b) of the Clean Air Act as amended.
    (i) Incorporation by reference.
    (A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted 
by the

[[Page 165]]

legislature and signed into law on April 29, 1992.
    (44) This revision provides for data which have been collected under 
the enhanced monitoring and operating permit programs to be used for 
compliance certifications and enforcement actions.
    (i) Incorporation by reference.
    (A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100 
Subparts 1 and 2, both effective February 28, 1995.
    (45) On December 15, 1995, the Minnesota Pollution Control Agency 
submitted a revision to the State Implementation Plan for the general 
conformity rules. The general conformity SIP revisions enable the State 
of Minnesota to implement and enforce the Federal general conformity 
requirements in the nonattainment or maintenance areas at the State or 
local level in accordance with 40 CFR part 93, subpart B--Determining 
Conformity of General Federal Actions to State or Federal Implementation 
Plans.
    (i) Incorporation by reference.
    (A) Minnesota rules Part 7009.9000, as created and published in the 
(Minnesota) Register, November 13, 1995, number 477, effective November 
20, 1995.
    (46) On April 24, 1997, the State of Minnesota submitted 
Administrative Order amendments for sulfur dioxide for two Northern 
States Power facilities: Inver Hills and Riverside.
    (i) Incorporation by reference.
    (A) Amendment Two, dated and effective November 26, 1996, to 
administrative order approved in paragraph (c)(30) of this section for 
Northern States Power-Riverside Station.
    (B) Amendment Three, dated and effective November 26, 1996, to 
administrative order and amendments approved in paragraphs (c)(35) and 
(c)(41), respectively, of this section for Northern States Power-Inver 
Hills Station.
    (47) On October 17, 1997, the State of Minnesota submitted 
amendments to three previously approved Administrative Orders for North 
Star Steel Company, LaFarge Corporation, and GAF Building Materials, all 
located in the Minneapolis-St. Paul area.
    (i) Incorporation by reference.
    (A) Amendments, both dated and effective September 23, 1997, to 
administrative orders and amendments approved in paragraphs (c)(29) and 
(c)(41) of this section, respectively, of this section for: LaFarge 
Corporation (Childs Road facility) and North Star Steel Company.
    (B) Amendment Two, dated and effective September 18, 1997, to 
administrative order and amendment approved in paragraph (c)(30) of this 
section for GAF Building Materials.
    (48) On January 12, 1995, Minnesota submitted revisions to its air 
permitting rules. The submitted revisions provide generally applicable 
limitations on potential to emit for certain categories of sources.
    (i) Incorporation by reference. Submitted portions of Minnesota 
regulations in Chapter 7007, and 7011.0060 through 7011.0080 effective 
December 27, 1994.
    (49) [Reserved]
    (50) On July 22, 1998 the State of Minnesota submitted a 
supplemental SIP revision for the control of particulate matter 
emissions from certain sources located along Red Rock Road, within the 
boundaries of Ramsey County. This supplemental SIP revision is in 
response to EPA's July 22, 1997 conditional approval (62 FR 39120), of a 
February 9, 1996 SIP revision for Red Rock Road. In addition, the 
previously approved administrative order for Lafarge Corporation (dated 
February 2, 1996) is revoked.
    (i) Incorporation by reference.
    (A) Air Emission Permit No. 12300353-001, issued by the MPCA to 
Lafarge Corporation--Red Rock Terminal on April 14, 1998, Title I 
conditions only.
    (B) Revocation of Findings and Order, dated and effective July 21, 
1998, to Findings and Order issued to Lafarge Corporation on February 2, 
1996.
    (ii) Additional material.
    (A) Letter submitting vendor certifications of performance for the 
pollution control equipment at Lafarge Corporation's facility on Red 
Rock Road in St. Paul, Minnesota, dated May 4, 1998, from Arthur C. 
Granfield, Regional Environmental Manager for Lafarge Corporation, to 
Michael J.

[[Page 166]]

Sandusky, MPCA Air Quality Division Manager.
    (B) Letter submitting operating ranges for the pollution control 
equipment at Lafarge Corporation's facility on Red Rock Road in St. 
Paul, Minnesota, dated July 13, 1998, from Arthur C. Granfield, Regional 
Environmental Manager for Lafarge Corporation, to Michael J. Sandusky, 
MPCA Air Quality Division Manager.
    (51) On November 14, 1995, July 8, 1996, September 24, 1996, June 
30, 1999, and September 1, 1999, the State of Minnesota submitted 
revisions to its State Implementation Plan for carbon monoxide regarding 
the implementation of the motor vehicle inspection and maintenance 
program in the Minneapolis/St. Paul carbon monoxide nonattainment area. 
This plan approves Minnesota Statutes Sections 116.60 to 116.65 and 
Minnesota Rules 7023.1010-7023.1105. This plan also removes Minnesota 
Rules Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and 
Part 7023.1055, Subp. 1 (E)(2) from the SIP.
    (i) Incorporation by reference.
    (A) Minnesota Statutes Sections 116.60 to 116.65;
    (B) Minnesota Rules 7023.1010-7023.1105 (except Part 7023.1010, 
Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1 
(E)(2)).
    (52) [Reserved]
    (53) On September 29, 1998, the State of Minnesota submitted a site-
specific revision to the particulate matter (PM) SIP for LTV Steel 
Mining Company (LTV), formerly known as Erie Mining Company, located in 
St. Louis County, Minnesota. This SIP revision was submitted in response 
to a request from LTV that EPA remove the Stipulation Agreement for Erie 
Mining Company from the State SIP, as was approved by EPA in paragraph 
(c)(18) of this section. Accordingly the Stipulation Agreement for Erie 
Mining Company referenced in paragraph (c)(18) of this section is 
removed from the SIP without replacement.
    (54) On December 7, 1999, the State of Minnesota submitted to remove 
an Administrative Order and replace it with a federally enforceable 
State operating permit for Commercial Asphalt's facility located on Red 
Rock Road in the city of St. Paul. EPA approved a federally enforceable 
State operating permit (FESOP)(60 FR 21447) for the State of Minnesota 
on May 2, 1995.
    (i) Incorporation by reference
    (A) Air Emission Permit No. 12300347-002, issued by the MPCA to 
Commercial Asphalt CO-Plant 905, on September 10, 1999. Title I 
conditions only.
    (55) On February 6, 2000, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP 
for Marathon Ashland Petroleum, LLC (Marathon Ashland), located in the 
cities of St. Paul Park and Newport, Washington County, Minnesota. 
Specifically, EPA is only approving into the SIP only those portions of 
the Marathon Ashland Title V Operating permit cited as ``Title I 
condition: SIP for SO2 NAAQS 40 CFR pt.50 and Minnesota State 
Implementation Plan (SIP).'' In this same action, EPA is removing from 
the state SO2 SIP the Marathon Ashland Administrative Order 
previously approved in paragraph (c)(38) and revised in paragraph 
(c)(49) of this section.
    (i) Incorporation by reference
    (A) AIR EMISSION PERMIT NO. 16300003-003, issued by the Minnesota 
Pollution Control Agency to Marathon Ashland Petroleum, LLC on October 
26, 1999, Title I conditions only.
    (56) On November 4, 1998, the State of Minnesota submitted a SIP 
revision for Olmsted County, Minnesota, for the control of emissions of 
sulfur dioxide (SO2) in the city of Rochester. The state also 
submitted on that date a request to redesignate the Rochester 
nonattainment area to attainment of the SO2 National Ambient 
Air Quality Standards. The state's maintenance plan is complete and the 
submittals meet the SO2 nonattainment area SIP and 
redesignation requirements of the Clean Air Act.
    (i) Incorporation by reference
    (A) Air Emission Permit No. 10900011-001, issued by the Minnesota 
Pollution Control Agency (MPCA) to City of Rochester--Rochester Public 
Utilities--Silver Lake Plant on July 22, 1997, Title I conditions only.
    (B) Air Emission Permit No. 00000610-001, issued by the MPCA to City 
of Rochester--Rochester Public Utilities--Cascade Creek Combustion on

[[Page 167]]

January 10, 1997, Title I conditions only.
    (C) Air Emission Permit No. 10900010-001, issued by the MPCA to 
Associated Milk Producers, Inc. on May 5, 1997, Title I conditions only.
    (D) Air Emission Permit No. 10900008-007 (989-91-OT-2, AMENDMENT No. 
4), issued by the MPCA to St. Mary's Hospital on February 28, 1997, 
Title I conditions only.
    (E) Air Emission Permit No. 10900005-001, issued by the MPCA to 
Olmsted County--Olmsted Waste-to-Energy Facility on June 5, 1997, Title 
I conditions only.
    (F) Amendment No. 2 to Air Emission Permit No. 1148-83-OT-1 
[10900019], issued by the MPCA to Franklin Heating Station on June 19, 
1998, Title I conditions only.
    (G) Air Emission Permit No. 10900006-001, issued by the MPCA to 
International Business Machine Corporation--IBM--Rochester on June 3, 
1998, Title I conditions only.
    (57) [Reserved]
    (58) On December 16, 1998, the State submitted an update to the 
Minnesota performance test rule, which sets out the procedures for 
facilities that are required to conduct performance tests to demonstrate 
compliance with their emission limits and/or operating requirements. In 
addition, EPA is removing from the state SIP Minnesota Rule 7017.2000 
previously approved as APC 21 in paragraph (c)(20) and amended in 
paragraph (c)(40) of this section.
    (i) Incorporation by reference.
    (A) Amendments to Minnesota Rules 7011.0010, 7011.0105, 7011.0510, 
7011.0515, 7011.0610, 7011.0710, 7011.0805, 7011.1305, 7011.1405, 
7011.1410, 7017.2001, 7017.2005, 7017.2015, 7017.2018, 7017.2020, 
7017.2025, 7017.2030, 7017.2035, 7017.2045, 7017.2050 and 2060, 
published in the Minnesota State Register April 20, 1998, and adopted by 
the state on July 13, 1998.
    (59) On September 1, 1999, the State of Minnesota submitted a site-
specific revision to the Minnesota Sulfur Dioxide (SO2) SIP 
for the Northern States Power Company (NSP) Riverside Plant, located in 
Minneapolis, Hennepin County, Minnesota. Specifically, EPA is approving 
into the SO2 SIP only those portions of the NSP Riverside 
Plant Title V Operating Permit cited as ``Title I condition: State 
Implementation Plan for SO2.'' In this same action, EPA is 
removing from the state SO2 SIP the NSP Riverside Plant 
Administrative Order previously approved and amended in paragraphs 
(c)(30) and (c)(46) of this section respectively.
    (i) Incorporation by reference.
    (A) Air Emission Permit No. 05300015-001, issued by the Minnesota 
Pollution Control Agency (MPCA) to Northern States Power Company--
Riverside Plant on May 11, 1999, Title I conditions only.
    (60) [Reserved]
    (61) On June 1, 2001, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) State 
Implementation Plan (SIP) for Metropolitan Council Environmental 
Service's (MCES) Metropolitan Wastewater Treatment Plant located on 
Childs Road in St. Paul, Ramsey County, Minnesota. Specifically, EPA is 
only approving into the SIP those portions of the MCES federally 
enforceable state operating permit cited as ``Title I Condition: State 
Implementation Plan for PM10.'' In this same action, EPA is removing 
from the state PM SIP the MCES Administrative Order previously approved 
in paragraph (c)(29) of this section.
    (i) Incorporation by reference.
    (A) Air Emission Permit No. 12300053-001, issued by the Minnesota 
Pollution Control Agency to MCES's Metropolitan Wastewater Treatment 
Plant at 2400 Childs Road on March 13, 2001, Title I conditions only.
    (62) On March 13, 2003, the State of Minnesota submitted a site-
specific State Implementation Plan (SIP) revision for the control of 
emissions of sulfur dioxide (SO2) for Flint Hills Resources, 
L.P., located in the Pine Bend Area of Rosemount, Dakota County, 
Minnesota. Specifically, EPA is approving into the SO2 SIP 
Amendment No. 6 to the Administrative Order previously approved in 
paragraph (c)(35) and revised in paragraphs (c)(57) and (c)(60) of this 
section.
    (i) Incorporation by reference.
    (A) An administrative order identified as Amendment Six to Findings 
and Order by Stipulation, for Flint Hills Resources, L.P., dated and 
effective

[[Page 168]]

March 11, 2003, submitted March 13, 2003.

[37 FR 10874, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1220, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Note: At 69 FR 31893, June 8, 2004, Sec. 52.1220 was 
amended by adding paragraph (c)(63), effective July 8, 2004. For the 
convenience of the user, the added text is set forth as follows:

Sec. 52.1220  Identification of plan.

                                * * * * *

    (c) * * *
    (63) On August 9, 2002, the State of Minnesota submitted a revision 
to the Minnesota sulfur dioxide (SO2) State Implementation 
Plan (SIP) for Xcel Energy's Inver Hills Generating Plant (Xcel) located 
in the city of Inver Grove Heights, Dakota County, Minnesota. 
Specifically, EPA is only approving into the SO2 SIP those 
portions of the Xcel Title V operating permit cited as ``Title I 
Condition: State Implementation Plan for SO2'' and is 
removing from the state SO2 SIP the Xcel Administrative Order 
previously approved in paragraph (c)(46) and modified in paragraphs 
(c)(35) and (c)(41) of this section. In this same action, EPA is 
removing from the state particulate matter SIP the Administrative Order 
for Ashbach Construction Company previously approved in paragraph 
(c)(29) and modified in paragraph (c)(41) of this section.
    (i) Incorporation by reference.
    (A) AIR EMISSION PERMIT NO. 03700015-001, issued by the Minnesota 
Pollution Control Agency to Northern States Power Company Inver Hills 
Generating Plant on July 25, 2000, Title I conditions only.



Sec. 52.1221  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Central Minnesota Intrastate.........................          II        III       III       III           III
Southeast Minnesota-La Crosse (Wisconsin) Interstate.          II         Ia       III       III           III
Duluth (Minnesota)-Superior (Wisconsin) Interstate...           I         II       III       III           III
Metropolitan Fargo-Moorhead Interstate...............          II        III       III       III           III
Minneapolis-St. Paul Intrastate......................           I          I       III         I           III
Northwest Minnesota Intrastate.......................          II        III       III       III           III
Southwest Minnesota Intrastate.......................         III        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10874, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]



Sec. 52.1222  EPA-approved Minnesota State regulations.

    The following table identifies the State regulations submitted to 
and approved by EPA as revisions to the Minnesota State Implementation 
Plan (SIP). This table is for informational purposes only and does not 
have any independent regulatory effect. This table also does not include 
administrative orders that have been approved into the SIP. To determine 
regulatory requirements for a specific situation consult the plan 
identified in Sec. 52.1220. To the extent that this table conflicts 
with Sec. 52.1220, Sec. 52.1220 governs.

                                     Table 52.1222--EPA Approved Regulations
----------------------------------------------------------------------------------------------------------------
                                  Minnesota rule                       Effective   Relevant ]s in Sec. 52.1220
       Rule description              numbers        Contents of SIP       date                  \1\
----------------------------------------------------------------------------------------------------------------
Definitions and Abbreviations.  7005.0100-.0110..  Full rules except     10/18/93  b,c20,c40.
                                                    def'n of NESHAP.
Air Emission Permits..........  7007.0050-.1850..  Full rules.......      8/10/93  b,c3,c5, c24,c26,c39.
Offsets.......................  7007.4000-.4030..  Full rules.......     10/18/93  c33.
Ambient Air Quality Standards.  7009.0010-.0080..  All except            10/18/93  b,c3,c26.
                                                    7009.0030 and
                                                    7009.0040.
Air Pollution Episodes........  7009.1000-.1110..  Full rules.......     10/18/93  c1,c21.
Applicability.................  7011.0010, .0020.  Full rules.......     10/18/93  b,c20

[[Page 169]]

 
Opacity.......................  7011.0100-.0120..  All except            10/18/93  b,c3,c20.
                                                    7011.0120.
Fugitive Particulate..........  7011.0150........  Full rules.......     10/18/93  b.
Indirect Heating Equipment....  7011.0500-.0550..  Full rules.......     10/18/93  b,c3,c20,c21
Direct Heating Equipment......  7011.0600-.0620..  Full rules.......     10/18/93  c20,c21.
Industrial Process Equipment..  7011.0700-.0735..  Full rules.......     10/18/93  b,c20
Portland Cement Plants........  7011.0800-.0825..  All except            10/18/93  c20,c40.
                                                    7011.0810.
Asphalt Concrete Plants.......  7011.0900-.0920..  All except            10/18/93  c20,c40.
                                                    7011.0910.
Grain Elevators...............  7011.1000-.1015..  All except            10/18/93  c20,c25,c40.
                                                    7011.1005(2).
Coal Handling Facilities......  7011.1100-.1140..  All except            10/18/93  c21.
                                                    7011.1130.
Incinerators..................  7011.1201-.1207..  All rules for         10/18/93  b,c20,c40.
                                                    ``existing
                                                    sources'' \2\.
Sewage Sludge Incinerators....  7011.1300-.1325..  All rules for         10/18/93  c20,c40
                                                    ``existing
                                                    sources''.
Petroleum Refineries..........  7011.1400-.1430..  All rules for         10/18/93  c20,c21.
                                                    ``existing
                                                    sources''.
Liquid Petroleum and VOC        7011.1500-.1515..  All rules for         10/18/93  b,c21.
 Storage Vessels.                                   ``existing
                                                    sources''.
Sulfuric Acid Plants..........  7011.1600-.1630..  All except            10/18/93  b,c3,c21,c40
                                                    7011.1610.
Nitric Acid Plants............  7011.1700-.1725..  All except            10/18/93  b,c3,c21,c40.
                                                    7011.1710.
Inorganic Fibrous Materials...  7011.2100-.2105..  All rules........     10/18/93  c20.
Stationary Internal Combustion  7011.2300........  Entire rule......     10/18/93  b,c21.
 Engine.
CEMS..........................  7017.1000........  Entire Rule......     10/18/93  c20.
Performance Tests.............  7017.2000........  Entire Rule......     10/18/93  c20.
Notifications.................  7019.1000........  Entire Rule......     10/18/93  c20.
Reports.......................  7019.2000........  Entire Rule......     10/18/93  c20.
Emission Inventory............  7019.3000, .3010.  All rules........     10/18/93  c20,c40.
Motor Vehicles................  7023.1010-7023.11  All rules except      November  c51
                                 05.                Part 7023.1010,      29, 1999
                                                    Subp. 35(B),
                                                    Part 7023.1030,
                                                    Subp. 11(B,C),
                                                    and Part
                                                    7023.1055, Subp.
                                                    1 (E)(2).
Open Burning..................  Portions of        All submitted             1993  b,c21,c26, c40.
                                 Chapter 17 and     portions of
                                 88 of MN           Sections 17.135,
                                 Statutes.          88.01, 88.02,
                                                    88.03, 88.16,
                                                    88.17, and
                                                    88.171.
----------------------------------------------------------------------------------------------------------------
\1\ Recodifications affect essentially all rules but are shown only for substantively revised rules.
\2\ ``Existing'' sources are sources other than those subject to a new source performance standard.


[60 FR 27413, May 24, 1995, as amended at 64 FR 58347, Oct. 29, 1999]



Sec. 52.1223  Approval status.

    With the exceptions set forth in this subpart, the Administrator 
approves Minnesota's plans for the attainment and maintenance of the 
national standards under section 110 of the Clean Air Act. Furthermore, 
the Administrator finds the plan satisfies all requirements of Part D, 
Title 1, of the Clean Air Act as amended in 1977, except as noted below.

[45 FR 40581, June 16, 1980]



Sec. 52.1224  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the plan does not provide for public availability of emission 
data.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner

[[Page 170]]

or operator of any such source to submit information within 30 days on 
the nature and amounts of emissions from such source and any other 
information as may be deemed necessary by the Regional Administrator to 
determine whether such source is in compliance with applicable emission 
limitations or other control measures that are part of the applicable 
plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to July 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.
    (5) Authority of the Regional Administrator to make available 
information and data was delegated to the Minnesota Pollution Control 
Agency effective October 6, 1977.

[37 FR 10874, May 31, 1972, as amended at 40 FR 55330, Nov. 28, 1975; 43 
FR 10, Jan. 3, 1978; 51 FR 40676, Nov. 7, 1986]



Sec. 52.1225  Review of new sources and modifications.

    (a) Part D--Approval. The State of Minnesota has satisfied the 
requirements of sections 173 and 189(a)(1)(A) for permitting of major 
new sources and modifications in nonattainment areas.
    (b)-(d) [Reserved]
    (e) The State of Minnesota has committed to conform to the Stack 
Height Regulations, as set forth in 40 CFR part 51. In a January 14, 
1987, letter to David Kee, USEPA, Thomas J. Kalitowski, Executive 
Director, Minnesota Pollution Control Agency, stated:

    Minnesota does not currently have a stack height rule, nor do we 
intend to adopt such a rule. Instead, we will conform with the Stack 
Height Regulations as set forth in the July 8, 1985, Federal Register in 
issuing permits for new or modified sources. In cases where that rule is 
not clear, we will contact USEPA Region V and conform to the current 
federal interpretation of the item in question.

[53 FR 17037, May 13, 1988, as amended at 59 FR 21941, Apr. 28, 1994; 60 
FR 21451, May 2, 1995]



Sec. Sec. 52.1226-52.1229  [Reserved]



Sec. 52.1230  Control strategy and rules: Particulates.

    (a) Part D. (1) Approval. The State of Minnesota has satisfied the 
requirements of sections 189(a)(1)(B) and 189(a)(1)(C) and paragraphs 1, 
2, 3, 4, 6, 7, 8, and 9 of section 172(c) for the Saint Paul and 
Rochester areas. The Administrator has determined pursuant to section 
189(e) that secondary particulate matter formed from particulate matter 
precursors does not contribute significantly to exceedances of the 
NAAQS.
    (2) No action. USEPA takes no action on the alternative test method 
provision of Rule 7005.2910.
    (b) Approval--On May 31, 1988, the State of Minnesota submitted a 
committal SIP for particulate matter with an aerodynamic diameter equal 
to or less than 10 micrometers (PM10) for Minnesota's Group 
II areas. The Group II areas of concern are in Minneapolis, Hennepin 
County; Duluth and Iron Range, St. Louis County; Iron Range, Itasca 
County; Two Harbors, Lake County; and St. Cloud, Stearns County.

[[Page 171]]

The committal SIP contains all the requirements identified in the July 
1, 1987, promulgation of the SIP requirements for PM10 at 52 
FR 24681.
    (c) Approval--On June 20, 2002, the State of Minnesota submitted a 
request to redesignate the Saint Paul, Ramsey County particulate matter 
nonattainment area to attainment of the NAAQS for particulate matter 
with an aerodynamic diameter less than or equal to a nominal 10 
micrometers (PM). In its submittal, the State also requested that EPA 
approve the maintenance plan for the area into the Minnesota PM SIP. The 
redesignation request and maintenance plan meet the redesignation 
requirements of the Clean Air Act.

[47 FR 19522, May 6, 1982, as amended at 47 FR 32118, July 26, 1982; 55 
FR 21022, May 22, 1990; 57 FR 46308, Oct. 8, 1992; 59 FR 7222, Feb. 15, 
1994; 67 FR 48790, July 26, 2002]



Sec. Sec. 52.1231-52.1232  [Reserved]



Sec. 52.1233  Operating permits.

    Emission limitations and related provisions which are established in 
Minnesota permits as federally enforceable conditions in accordance with 
Chapter 7007 rules shall be enforceable by USEPA. USEPA reserves the 
right to deem permit conditions not federally enforceable. Such a 
determination will be made according to appropriate procedures, and be 
based upon the permit, permit approval procedures or permit requirements 
which do not conform with the permit program requirements or the 
requirements of USEPA's underlying regulations.

[60 FR 21451, May 2, 1995]



Sec. 52.1234  Significant deterioration of air quality.

    (a) The requirements of sections 160 through 165 of the Clean Air 
Act are not met, since the plan does not include approvable procedures 
for preventing the significant deterioration of air quality.
    (b) Regulations for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the applicable State plan for the 
State of Minnesota.
    (c) All applications and other information required pursuant to 
Sec. 52.21 from sources located in the State of Minnesota shall be 
submitted to the Minnesota Pollution Control Agency, Division of Air 
Quality, 520 Lafayette Road, St. Paul, Minnesota 55155.

[45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988; 68 
FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]



Sec. 52.1235  [Reserved]



Sec. 52.1236  Visibility protection.

    (a) The requirements of section 169A of the Clean Air Act are not 
met, because the plan does not include approvable procedures for 
protection of visibility in mandatory Class I Federal areas.
    (b) Regulation for visibility monitoring and new source review. The 
provisions of Sec. Sec. 52.26 and 52.28 are hereby incorporated and 
made a part of the applicable plan for the State of Minnesota.
    (c) Long-term strategy. The provisions of Sec. 52.29 are hereby 
incorporated and made part of the applicable plan for the State of 
Minnesota.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]



Sec. 52.1237  Control strategy: Carbon monoxide.

    (a) The base year carbon monoxide emission inventory requirement of 
section 187(a)(1) of the Clean Air Act, as amended in 1990, has been 
satisfied for the following areas: Duluth Metropolitan Area and 
Minneapolis-St. Paul Metropolitan Area.
    (b) Approval--The 1993 carbon monoxide periodic emission inventory 
requirement of section 187(a)(5) of the Clean Air Act, as amended in 
1990, has been satisfied for the following areas: the counties of the 
Twin cities seven county Metropolitan area (Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington), and Wright.
    (c) Approval--On March 23, 1998, the Minnesota Pollution Control 
Agency submitted a request to redesignate the Minneapolis/St. Paul CO 
nonattainment area (consisting of portions of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, Washington, and Wright) to attainment for CO. 
As part of the redesignation request, the State

[[Page 172]]

submitted a maintenance plan as required by 175A of the Clean Air Act, 
as amended in 1990. Elements of the section 175A maintenance plan 
include a base year (1996 attainment year) emission inventory for CO, a 
demonstration of maintenance of the ozone NAAQS with projected emission 
inventories to the year 2009, a plan to verify continued attainment, a 
contingency plan, and an obligation to submit a subsequent maintenance 
plan revision in 8 years as required by the Clean Air Act. If the area 
records a violation of the CO NAAQS (which must be confirmed by the 
State), Minnesota will implement one or more appropriate contingency 
measure(s) which are contained in the contingency plan. The menu of 
contingency measures includes oxygenated fuel, transportation control 
measures, or a vehicle inspection and maintenance program. The 
redesignation request and maintenance plan meet the redesignation 
requirements in section 107(d)(3)(E) and 175A of the Act as amended in 
1990, respectively.

[59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997; 
64 FR 58354, Oct. 29, 1999]



                          Subpart Z_Mississippi



Sec. 52.1270  Identification of plan.

    (a) Purpose and scope. This section sets forth the applicable State 
implementation plan for Mississippi under section 110 of the Clean Air 
Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient 
air quality standards.
    (b) Incorporation by reference.
    (1) Material listed in paragraph (c) 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 SIP 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 EPA, Office of Air and Radiation Docket and Information 
Center, Room B-108, 1301 Constitution Avenue, (Mail Code 6102T) NW., 
Washington, DC 20460 or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (c) EPA approved Mississippi regulations.

                                      EPA Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
                                                             State
          State citation                Title/subject      effective    EPA approval date        Explanation
                                                              date
----------------------------------------------------------------------------------------------------------------
APC-S-1                              Air Emission Regulations for the Prevention, Abatement, and Control of Air
                                                                     Contaminants
-----------------------------------
Section 1.........................  General..............   01/09/94  02/12/96, 61 FR 5295  ....................
Section 2.........................  Definitions..........   01/09/94  02/12/96, 61 FR 5295  ....................
Section 3.........................  Specific Criteria for   05/28/99  12/20/02, 67 FR       ....................
                                     Sources of                        77927.
                                     Particulate Matter.
Section 4.........................  Specific Criteria for   01/09/94  02/12/96, 61 FR 5295  ....................
                                     Sources of Sulfur
                                     Compounds.
Section 5.........................  Specific Criteria for   01/09/94  02/12/96, 61 FR 5295  ....................
                                     Sources of Chemical
                                     Emissions.

[[Page 173]]

 
Section 6.........................  New Sources..........   05/28/99  12/20/02, 67 FR       Subsection 2,
                                                                       77927.                ``Other
                                                                                             Limitations'', and
                                                                                             Subsection 3, ``New
                                                                                             Source Performance
                                                                                             Standards'', are
                                                                                             not Federally
                                                                                             approved.
Section 7.........................  Exceptions...........   02/04/72  05/31/72, 37 FR       ....................
                                                                       10875.
Section 9.........................  Stack Height            05/01/86  09/23/87, 52 FR       ....................
                                     Considerations.                   35704.
Section 10........................  Provisions for          01/09/94  02/12/96, 61 FR 5295  ....................
                                     Upsets, Startups,
                                     and Shutdowns.
Section 11........................  Severability.........   01/09/94  02/12/96, 61 FR 5295  ....................
-----------------------------------
APC-S-2                               Mississippi Commission on Environmental Quality Permit Regulations for the
                                               Construction and/or Operation of Air Emissions Equipment
-----------------------------------
Section I.........................  General Requirements.   01/09/94  05/02/95, 60 FR       ....................
                                                                       21442.
Section II........................  General Standards       01/09/94  05/02/95, 60 FR       ....................
                                     Applicable to All                 21442.
                                     Permits.
Section III.......................  Standards for           01/09/94  05/02/95, 60 FR       ....................
                                     Granting a State                  21442.
                                     Permit to Operate An
                                     Existing Facility.
Section IV........................  Application for         01/09/94  05/02/95, 60 FR       ....................
                                     Permit to Construct               21442.
                                     and State Permit to
                                     Operate New Facility.
Section V.........................  Public Participation    01/09/94  05/02/95, 60 FR       ....................
                                     and Public                        21442.
                                     Availability of
                                     Information.
Section VI........................  Application Review...   01/09/94  05/02/95, 60 FR       ....................
                                                                       21442.
Section VII.......................  Compliance Testing...   01/09/94  05/02/95, 60 FR       ....................
                                                                       21442.
Section VIII......................  Emissions Evaluation    01/09/94  05/02/95, 60 FR       ....................
                                     Report.                           21442.
Section IX........................  Procedures for          01/09/94  05/02/95, 60 FR       ....................
                                     Renewal of State                  21442.
                                     Permit to Operate.
Section X.........................  Standards for Renewal   01/09/94  05/02/95, 60 FR       ....................
                                     of State Permit to                21442.
                                     Operate.
Section XI........................  Reporting and Record    01/09/94  05/02/95, 60 FR       ....................
                                     Keeping.                          21442.
Section XII.......................  Emission Reduction      01/09/94  05/02/95, 60 FR       ....................
                                     Schedule.                         21442.
Section XIII......................  Exclusions,             01/09/94  05/02/95, 60 FR
                                     Variances, and                    21442.
                                     General Permits.
Section XIV.......................  Permit Transfer......   01/09/94  05/02/95, 60 FR       ....................
                                                                       21442.
Section XV........................  Severablity..........   01/09/94  05/02/95, 60 FR       ....................
                                                                       21442.
-----------------------------------
APC-S-3                                    Regulations for Prevention of Air Pollution Emergency Episodes
-----------------------------------
Section 1.........................  General..............   02/04/72  05/31/72, 37 FR       ....................
                                                                       10875.
Section 2.........................  Definitions..........   02/04/72  05/31/72, 37 FR       ....................
                                                                       10875.
Section 3.........................  Episode Criteria.....   06/03/88  11/13/89, 54 FR       ....................
                                                                       47211.
Section 4.........................  Emission Control        02/04/72  05/31/72, 37 FR       ....................
                                     Action Programs.                  10875.
Section 5.........................  Emergency Orders.....   06/03/88  11/13/89, 54 FR       ....................
                                                                       47211.
-----------------------------------
APC-S-5                              Regulations for the Prevention of Significant Deterioration of Air Quality
-----------------------------------
All...............................  .....................   09/21/96  07/15/97, 62 FR       ....................
                                                                       37724.
----------------------------------------------------------------------------------------------------------------

    (d) EPA approved Mississippi source-specific requirements.

[[Page 174]]



                              EPA Approved Mississippi Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                        State effective
         Name of source              Permit number           date          EPA approval date      Explanation
----------------------------------------------------------------------------------------------------------------
None............................  ..................  ..................  ..................  ..................
----------------------------------------------------------------------------------------------------------------

---------------------------------------------------------------------------
    (e) [Reserved]

[62 FR 35442, July 1, 1997, as amended at 62 FR 37726, July 15, 1997; 62 
FR 40139, July 25, 1997; 64 FR 35009, June 30, 1999; 67 FR 77927, Dec. 
20, 2002; 68 FR 13631, Mar. 20, 2003]



Sec. 52.1271  Classification of regions.

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

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Mobile (Alabama)-Pensacola-Panama City (Florida)-               I          I       III       III             I
 Gulfport (Mississippi) Interstate...................
Metropolitan Memphis Interstate......................           I        III       III       III             I
Mississippi Delta Intrastate.........................         III        III       III       III           III
Northeast Mississippi Intrastate.....................          II        III       III       III           III
----------------------------------------------------------------------------------------------------------------


[37 FR 10875, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]



Sec. 52.1272  Approval status.

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

[45 FR 2032, Jan. 10, 1980]



Sec. 52.1273  [Reserved]



Sec. 52.1275  Legal authority.

    (a) The requirements of Sec. 51.230(d) of this chapter are not met 
since statutory authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.
    (b) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 7106-117 of the Mississippi Code could, in some 
circumstances, prohibit the disclosure of emission data to the public. 
Therefore, section 7106-117 is disapproved.

[39 FR 7282, Feb. 25, 1974, as amended at 39 FR 34536, Sept. 26, 1974; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.1276  [Reserved]



Sec. 52.1277  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met, 
since the legal authority to provide public availability of emission 
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine

[[Page 175]]

whether such source is in compliance with applicable emission 
limitations or other control measures that are part of the applicable 
plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55330, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.1278  Control strategy: Sulfur oxides and particulate matter.

    In a letter dated January 30, 1987, the Mississippi Department of 
Natural Resources certified that no emission limits in the State's plan 
are based on dispersion techniques not permitted by EPA's stack height 
rules. This certification does not apply to: Mississippi Power-Daniel; 
South Mississippi Electric Power, Hattiesburg-Morrow; E.I. Dupont, 
Delisle Boilers 1 & 2; and International Paper, Vicksburg.

[54 FR 25456, June 15, 1989]



Sec. 52.1279  [Reserved]



Sec. 52.1280  Significant deterioration of air quality.

    (a) All applications and other information required pursuant to 
Sec. 52.21 of this part from sources located or to be located in the 
State of Mississippi shall be submitted to the Bureau of Pollution 
Control, Department of Natural Resources, P.O. Box 10385, Jackson, 
Mississippi 39209.

[43 FR 26410, June 19, 1978, as amended at 45 FR 34272, May 22, 1980; 45 
FR 52741, Aug. 7, 1980; 55 FR 41692, Oct. 15, 1990]



Sec. 52.1281  Original identification of plan section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Mississippi'' and all revisions submitted by 
Mississippi that were federally approved prior to July 1, 1997.
    (b) The plan was officially submitted on February 4, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) A change in the Opacity Regulation, section 2, Appendix C; 
addition of testing methods, section 8, Appendix C; addition of Permit 
System, Appendix G and deletion of SO2 regulation, section 4, 
Appendix C submitted on May 4, 1972, by the Mississippi Air and Water 
Pollution Control Commission.
    (2) Telegram concerning adoption of plan changes submitted on May 
15, 1972, by the Mississippi Air and Water Pollution Control Commission.
    (3) House Bill number 680 submitted on May 17, 1972, by the 
Governor.
    (4) Compliance schedule revisions submitted on March 6, 1973, by the 
Mississippi Air and Water Pollution Control Commission.
    (5) Compliance schedule revisions submitted on August 9, 1973, by 
the Mississippi Air and Water Pollution Control Commission.
    (6) AQMA identification material submitted on March 14, 1974, by the 
Mississippi Air and Water Pollution Control Commission.
    (7) Compliance schedules submitted on January 20, 1975, by the 
Mississippi Air and Water Pollution Control Commission.

[[Page 176]]

    (8) Revised regulations for the incineration of cotton ginning 
waste, submitted on August 30 and November 14, 1977, by the Mississippi 
Air and Water Pollution Control Commission.
    (9) Revised regulations for open burning, submitted on October 31, 
1977, by the Mississippi Air and Water Pollution Control Commission.
    (10) Revised permit regulations, submitted on March 16, 1978, by the 
Mississippi Air and Water Pollution Control Commission.
    (11) Implementation plan revisions for the Jones County, Mississippi 
total suspended particulate nonattainment area, submitted on March 13, 
1979, by the Mississippi Air and Water Pollution Control Commission.
    (12) Revised regulation APC S-1, section 4.2(b), for emissions of 
sulfur oxides from the incineration of gas streams containing hydrogen 
sulfide, submitted on July 3, 1978; and permits containing limits on 
sulfur oxide emissions from individual flares, submitted on September 
13, 1979, by the Mississippi Bureau of Pollution Control (see Federal 
Register of July 10, 1980).
    (13) Air Quality Surveillance Plan, submitted on June 1, 1982, by 
the Mississippi Department of Natural Resources.
    (14) Incorporation by reference of NSPS and NESHAPS (revised 
definition of ``person'', addition of paragraph 3 to section 6 of APC-S-
1, addition of section 8 to APC-S-1, and addition of subparagraph 2.6.3 
to APC-S-2), submitted on September 8, 1981, by the Mississippi Bureau 
of Pollution Control.
    (15) Revised SO2 limit for United Cement Company's 
Artesia kiln, and NSPS enabling regulation submitted on December 10, 
1982, and adoption of six categories of NSPS submitted on December 23, 
1982, by the Mississippi Bureau of Pollution Control.
    (16) Revision to ``Air Quality Regulations'' and amendment to 
``Permit Regulations for the Construction and/or Operation of Air 
Emission Equipment'' were submitted by the Mississippi Department of 
Natural Resources on May 11, 1984.
    (i) Incorporation by reference. (A) May 11, 1984 letter from the 
Mississippi Department of Natural Resources to EPA amending Regulations 
APC-S-1 and APC-S-2.
    (B) A revision adopted on May 9, 1984, adds Paragraph 3 to 
Mississippi's ``Air Quality Regulations,'' APC-S-1, Section 1 
``General.''
    (C) A revision adopted on May 9, 1984, amends Mississippi's ``Permit 
Regulations for the Construction and/or Operation of Air Emission 
Equipment,'' APC-S-2, Paragraph 2.6.2.1.
    (ii) Other materials--none.
    (17) Implementation plan for lead, submitted on May 9, 1984, by the 
Mississippi Department of Natural Resources.
    (18) Part D and other new source review provisions were submitted by 
the Mississippi Department of Natural Resources on November 25, 1981.
    (i) Incorporation by reference.
    (A) Letter dated November 25, 1981 from Mississippi Department of 
Natural Resources, and Mississippi Regulation APC-S-2, section 2.4.8, 
``Additional Requirements for a Construction Permit for a New Facility 
Significantly Impacting an area in which a National Ambient Air Quality 
Standard is being Exceeded or will be Exceeded'', was adopted by the 
Mississippi Commission on Natural Resources on November 12, 1981. 
Subsection 2.4.8.1, 2.4.8.3, and 2.4.8.4 are incorporated by reference.
    (ii) Additional material.
    (A) Letter to Jack Ravan from Charlie E. Blalock, dated November 25, 
1985, interpreting Mississippi regulations with respect to source 
coverage and stack heights.
    (19) Stack height regulations were submitted to EPA on April 1, 1986 
by the Mississippi Department of Natural Resources.
    (i) Incorporation by reference.
    (A) Mississippi Department of Natural Resources, Bureau of Pollution 
Control, Appendix C-5, Air Emission Regulations, Regulation APC-S-1, 
Section 9, which was adopted on March 26, 1986.
    (B) Letter of April 1, 1986 from Mississippi Department of National 
Resources.
    (ii) Additional material--none.
    (20) PM10 revisions for the State of Mississippi which 
were submitted by

[[Page 177]]

the Mississippi Department of Natural Resources on July 26, 1988.
    (i) Incorporation by reference.
    (A) Revised regulations which became State-effective on June 3, 
1988:
    1. Air Emission Regulations, APC-S-1, Section 2, (16)-(27).
    2. Permit Regulations . . ., APC-S-2, 2.4.8.1(a), (b), (e), (f) and 
2.4.8.3.
    3. Regulations for the Prevention of Air Pollution Emergency 
Episodes, APC-S-3, Section 3 and Section 5.
    (ii) Additional material.
    (A) Letter of July 26, 1988, from the Mississippi Department of 
Natural Resources, submitting the Mississippi SIP revisions.
    Revised SIP narrative:
    (B) Section 1.15 Notification of Public Hearing for Plan Revision 
for PM10 Requirements
    (C) Section 3.6 Legal Authority for the PM10 Plan 
Revision
    (D) Section 5.5 Control Strategy for the Development of Emission 
Regulations for PM10
    (E) Section 6.9 Control Regulations for PM10 Revisions
    (F) Chapter 9.0 Air Monitoring
    (G) Section 14.1.4 Health Effects of the PM10 Plan 
Revisions
    (H) Section 14.3.4 Economic Effects of the PM10 Plan 
Revisions
    (I) Section 14.5.4 Social Effects of the PM10 Plan 
Revisions
    (J) Section 14.6.4 Air Quality Effects of the PM10 
Revisions
    (21) Revisions to APC-S-5 of the Mississippi Air Pollution Control 
Act which were submitted on July 16, 1990.
    (i) Incorporation by reference. (A) Regulation APC-S-5, Regulations 
for the Prevention of Significant Deterioration of Air Quality, 
effective on July 29, 1990.
    (ii) Other material. (A) Letter of July 16, 1990, from the 
Mississippi Department of Environmental Quality.
    (22) Prevention of Significant Deterioration regulation revision to 
include Nitrogen Dioxide increments for the State of Mississippi which 
was submitted by the Mississippi Department of Environmental Quality on 
June 14, 1991.
    (i) Incorporation by reference.
    (A) Revision to Regulation APC-S-5, Paragraph 1, Regulations for the 
Prevention of Significant Deterioration of Air Quality, which became 
State effective on May 28, 1991.
    (ii) Other material.
    (A) Letter of June 14, 1991 from the Mississippi Department of 
Environmental Quality.
    (B) Letter of March 8, 1991, from the Mississippi Department of 
Environmental Quality regarding minimum program elements.
    (23) The Mississippi Department of Environmental Quality has 
submitted revisions to chapter 15 of the Mississippi Statute on November 
19, 1992. These revision address the requirements of section 507 of 
title V of the CAA and establish the Small Business Stationary Source 
Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Mississippi SIP chapter 15 effective December 19, 1992.
    (ii) Additional information.
    (A) January 20, 1994, letter of clarification regarding the 
appointment of the CAP.
    (24) The Mississippi Department of Environmental Quality submitted 
revisions on June 14, 1991, to ``Permit Regulations for the construction 
and/or Operation of Air Emissions Equipment'' of Regulation APC-S092. 
These revisions incorporate ``moderate stationary sources'' into the 
existing regulations which are required in 40 CFR part 51, subpart I.
    (i) Incorporation by reference.
    (A) Mississippi Commission on Environmental Quality Permit 
Regulations for the Construction and/or Operation of Air Emissions 
Equipment, Regulation APC-S092, effective on May 28, 1991.
    (B) Letter of June 21, 1994, from the Mississippi Office of the 
Attorney General to the Environmental Protection Agency.
    (ii) Additional material. None.
    (25) Revisions to minor source operating permit rules submitted by 
the Mississippi Department of Environmental Quality on January 26, 1994.
    (i) Incorporation by reference.
    (A) Regulation APC-S-2, effective January 9, 1994.
    (ii) Other material. None.
    (26) The Mississippi Department of Environmental Quality has 
submitted

[[Page 178]]

revision to Regulation APC-S-5. The purpose of this regulation is to 
adopt by reference Federal regulations for the prevention of significant 
deterioration of air quality as required by 40 CFR 51.166 and 52.21.
    (i) Incorporation by reference.
    (A) Regulations of the prevention of significant deterioration of 
air quality--Regulation APC-S-5 effective January 9, 1994.
    (ii) Additional information--None.
    (27) Amendments to Regulation APC-S-1 ``Air Emission Regulations for 
the Prevention, Abatement, and Control of Air Contaminants'' to be 
consistent with federal regulations as specified in 40 CFR Part 257.
    (i) Incorporation by reference. Regulation APC-S-1 ``Air Emission 
Regulations for the Prevention, Abatement, and Control of Air 
Contaminants'' effective January 9, 1994, except SECTION 8. PROVISIONS 
FOR HAZARDOUS AIR POLLUTANTS.
    (ii) Additional material. None.

[37 FR 10875, May 31, 1972. Redesignated and amended at 62 FR 35442, 
July 1, 1997]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1281, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



                           Subpart AA_Missouri



Sec. 52.1319  [Reserved]



Sec. 52.1320  Identification of Plan.

    (a) Purpose and scope. This section sets forth the applicable SIP 
for Missouri under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR 
part 51 to meet national ambient air quality standards (NAAQS).
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c) and (d) of this section with an EPA approval date prior to April 1, 
2004, 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 April 1, 2004, will be incorporated by reference in 
the next update to the SIP compilation.
    (2) EPA Region VII certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this 
section are an exact duplicate of the officially promulgated state 
rules/regulations which have been approved as part of the SIP as of 
April 1, 2004.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region VII, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101; or the EPA, Office of Air and Radiation Docket and 
Information Center, Room B-108, 1301 Constitution Avenue, NW., (Mail 
Code 6102T), Washington, DC 20460; or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (c) EPA-approved regulations.

                                        EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
                                                      State
   Missouri  citation              Title            effective       EPA approval date           Explanation
                                                       date
----------------------------------------------------------------------------------------------------------------
                                    Missouri Department of Natural Resources
 
  Chapter 2--Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-2.040................  Maximum Allowable             9/4/84  1/24/85, 50 FR 3337.....
                           Emission of
                           Particulate Matter
                           from Fuel Burning
                           Equipment Used for
                           Indirect Heating.
10-2.090................  Incinerators...........      2/25/70  3/18/80, 45 FR 17145....  The state has
                                                                                           rescinded this rule.
10-2.100................  Open Burning                  4/2/84  8/31/84, 49 FR 34484....
                           Restrictions.

[[Page 179]]

 
10-2.150................  Time Schedule for            2/25/70  3/18/80, 45 FR 17145....
                           Compliance.
10-2.205................  Control of Emissions         3/30/01  4/24/02, 67 FR 20038....
                           from Aerospace
                           Manufacture and Rework
                           Facilities.
10-2.210................  Control of Emissions        10/30/01  4/24/02, 67 FR 20038....
                           from Solvent Metal
                           Cleaning.
10-2.215................  Control of Emissions         5/30/01  4/24/02, 67 FR 20038....
                           from Solvent Cleanup
                           Operations.
10-2.220................  Liquefied Cutback             6/3/91  6/23/92, 57 FR 27939....
                           Asphalt Paving
                           Restricted.
10-2.230................  Control of Emissions        11/29/91  8/24/94, 59 FR 43480....  4/3/95, 60 FR 16806
                           from Industrial                                                 (correction).
                           Surface Coating
                           Operations.
10-2.260................  Control of Petroleum        11/30/02  3/18/03, 68 FR 12827....
                           Liquid Storage,
                           Loading, and Transfer.
10-2.290................  Control of Emissions         3/30/92  8/30/93, 58 FR 45451....  The state rule has
                           From Rotogravure and                                            Sections (6)(A) and
                           Flexographic Printing                                           (6)(B), which EPA has
                           Facilities.                                                     not approved. 9/6/94,
                                                                                           59 FR 43376
                                                                                           (correction).
10-2.300................  Control of Emissions        11/29/91  3/26/03, 68 FR 14539....  4/3/95, 60 FR 16806
                           from Manufacturing of                                           (correction).
                           Paints, Varnishes,
                           Lacquers, Enamels and
                           Other Allied Surface
                           Coating Products.
10-2.310................  Control of Emissions        11/29/91  8/24/94, 59 FR 43480....  4/3/95, 60 FR 16806
                           from the Application                                            (correction).
                           of Automotive
                           Underbody Deadeners.
10-2.320................  Control of Emissions        11/29/91  8/24/94, 59 FR 43480....  4/3/95, 60 FR 16806
                           from Production of                                              (correction).
                           Pesticides and
                           Herbicides.
10-2.330................  Control of Gasoline          5/30/01  2/13/02, 67 FR 6660.....
                           Reid Vapor Pressure.
10-2.340................  Control of Emissions        09/30/03  10/30/03, 68 FR 61758...
                           from Lithographic
                           Printing Facilities.
10-2.360................  Control of Emissions        11/30/95  7/20/98, 63 FR 38755....
                           from Bakery Ovens.
10-2.390................  Conformity to State or    09/30/2003  11/26/2003, 68 FR 66350.
                           Federal Implementation
                           Plans of
                           Transportation Plans,
                           Programs, and Projects
                           Developed, Funded, or
                           Approved Under Title
                           23 U.S.C. or the
                           Federal Transit Laws.
-------------------------
                   Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
----------------------------------------------------------------------------------------------------------------
10-3.010................  Auto Exhaust Emission         2/1/78  3/18/80, 45 FR 17145....
                           Controls.
10-3.030................  Open Burning                 7/31/98  4/1/99, 64 FR 15688.....
                           Restrictions.
10-3.040................  Incinerators...........       2/1/78  3/18/80, 45 FR 17145....  The state has
                                                                                           rescinded this rule.
10-3.060................  Maximum Allowable           11/30/02  3/18/03, 68 FR 12833....
                           Emissions of
                           Particulate Matter
                           From Fuel Burning
                           Equipment Used for
                           Indirect Heating.
-------------------------
    Chapter 4--Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area
----------------------------------------------------------------------------------------------------------------
10-4.040................  Maximum Allowable           11/30/02  3/18/03, 68 FR 12833....
                           Emission of
                           Particulate Matter
                           From Fuel Burning
                           Equipment Used for
                           Indirect Heating.
10-4.080................  Incinerators...........     12/16/69  3/18/80, 45 FR 17145....  The state has
                                                                                           rescinded this rule.
10-4.090................  Open Burning                  4/2/84  8/31/84, 49 FR 34484....
                           Restrictions.
10-4.140................  Time Schedule for           12/15/69  3/18/80, 45 FR 17145....
                           Compliance.
-------------------------

[[Page 180]]

 
  Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 10
----------------------------------------------------------------------------------------------------------------
10-5.030................  Maximum Allowable             9/4/84  1/24/85, 50 FR 3337.....
                           Emission of
                           Particulate Matter
                           from Fuel Burning
                           Equipment Used for
                           Indirect Heating.
10-5.040................  Use of Fuel in Hand-         9/18/70  3/18/80, 45 FR 17145....
                           Fired Equipment
                           Prohibited.
10-5.060................  Refuse Not To Be Burned      9/18/70  3/18/80, 45 FR 17145....  The state has
                           in Fuel Burning                                                 rescinded this rule.
                           Installations.
10-5.070................  Open Burning                 1/29/95  2/17/00, 65 FR 8063.....
                           Restrictions.
10-5.080................  Incinerators...........      9/18/70  3/18/80, 45 FR 17145....  The state has
                                                                                           rescinded this rule.
10-5.120................  Information on Sales of      9/18/70  3/18/80, 45 FR 17145....
                           Fuels to be Provided
                           and Maintained.
10-5.130................  Certain Coals to be          9/18/70  3/18/80, 45 FR 17145....
                           Washed.
10-5.220................  Control of Petroleum         8/30/99  5/18/00, 65 FR 31491....
                           Liquid Storage,
                           Loading and Transfer.
10-5.240................  Additional Air Quality       9/18/70  3/18/80, 45 FR 17145....
                           Control Measures May
                           Be Required When
                           Sources Are Clustered
                           in a Small Land Area.
10-5.250................  Time Schedule for            1/18/72  3/18/80, 45 FR 17145....
                           Compliance.
10-5.290................  More Restrictive              5/3/82  8/30/82, 47 FR 38123....  The state has deleted
                           Emission Limitations                                            all provisions to
                           for Sulfur Dioxide and                                          N.L. Industries,
                           Particulate Matter in                                           which is no longer in
                           the South St. Louis                                             operation, and has
                           Area.                                                           made significant
                                                                                           changes to the
                                                                                           provisions affecting
                                                                                           Carondelet Coke.
10-5.295................  Control of Emissions         2/29/00  5/18/00, 65 FR 31491....
                           From Aerospace
                           Manufacturing and
                           Rework Facilities.
10-5.300................  Control of Emissions         5/30/02  11/22/02, 67 FR 70319
                           from Solvent Metal
                           Cleaning.
10-5.310................  Liquefied Cutback             3/1/89  3/5/90, 55 FR 7712.       ......................
                           Asphalt Restricted.
10-5.330................  Control of Emissions        12/30/00  7/20/01, 66 FR 37906.     ......................
                           from Industrial
                           Surface Coating
                           Operations.
10-5.340................  Control of Emissions         3/30/92  8/30/93, 58 FR 45451....  The state rule has
                           From Rotogravure and                                            Section (6)(A)(B),
                           Flexographic Printing                                           which EPA has not
                           Facilities.                                                     approved.
                                                                                          9/6/94, 59 FR 43376
                                                                                           (correction).
10-5.350................  Control of Emissions        11/29/91  8/24/94, 59 FR 43480....  4/3/95, 60 FR 16806
                           From Manufacture of                                             (Correction Notice).
                           Synthesized
                           Pharmaceutical
                           Products.
10-5.360................  Control of Emissions        11/29/91  8/24/94, 59 FR 43480....  4/3/95, 60 FR 16806
                           from Polyethylene Bag                                           (Correction Notice).
                           Sealing Operations.
10-5.370................  Control of Emissions        11/29/91  8/24/94, 59 FR 43480....  4/3/95, 60 FR 16806
                           from the Application                                            (Correction Notice).
                           of Deadeners and
                           Adhesives.
10-5.380................  Motor Vehicle Emissions     12/30/02  5/12/03, 68 FR 25418      ......................
                           Inspection.
10-5.390................  Control of Emissions        08/30/00  8/14/01, 66 FR 42607      ......................
                           from Manufacture of
                           Paints, Varnishes,
                           Lacquers, Enamels and
                           Other Allied Surface
                           Coating Products.
10-5.410................  Control of Emissions        11/29/91  8/24/94, 59 FR 43480....  4/3/95, 60 FR 16806
                           From Manufacture of                                             (Correction Notice).
                           Polystyrene Resin.
10-5.420................  Control of Equipment          3/1/89  3/5/90, 55 FR 7712        ......................
                           Leaks from Synthetic
                           Organic Chemical and
                           Polymer Manufacturing
                           Plants.
10-5.440................  Control of Emissions        12/30/96  2/17/00, 65 FR 8063       ......................
                           from Bakery Ovens.
10-5.442................  Control of Emissions        05/28/95  2/17/00, 65 FR 8063       ......................
                           from Offset
                           Lithographic Printing
                           Operations.

[[Page 181]]

 
10-5.450................  Control of VOC              05/28/95  2/17/00, 65 FR 8063       ......................
                           Emissions from Traffic
                           Coatings.
10-5.451................  Control of Emissions         9/30/00  7/20/01, 66 FR 37908      ......................
                           from Aluminum Foil
                           Rolling.
10-5.455................  Control of Emissions        02/28/97  2/17/00, 65 FR 8063       ......................
                           from Solvent Cleaning
                           Operations.
10-5.480................  Conformity to State or      09/30/03  11/26/2003, 68 FR 66350   ......................
                           Federal Implementation
                           Plans of
                           Transportation Plans,
                           Programs, and Projects
                           Developed, Funded, or
                           Approved Under Title
                           23 U.S.C. or the
                           Federal Transit Laws.
10-5.490................  Municipal Solid Waste       12/30/96  2/17/00, 65 FR 8063       ......................
                           Landfills.
10-5.500................  Control of Emissions         2/29/00  5/18/00, 65 FR 31491
                           From Volatile Organic
                           Liquid Storage.
10-5.510................  Control of Emissions of      2/29/00  5/18/00, 65 FR 31484....
                           Nitrogen Oxides.
10-5.520................  Control of Volatile          2/29/00  5/18/00, 65 FR 31491
                           Organic Compound
                           Emissions From
                           Existing Major Sources.
10-5.530................  Control of Volatile          2/29/00  5/18/00, 65 FR 31491
                           Organic Compound
                           Emissions From Wood
                           Furniture
                           Manufacturing
                           Operations.
10-5.540................  Control of Emissions         2/29/00  5/18/00, 65 FR 31491
                           From Batch Process
                           Operations.
10-5.550................  Control of Volatile          2/29/00  5/18/00, 65 FR 31491
                           Organic Compound
                           Emissions From Reactor
                           Processes and
                           Distillation
                           Operations Processes
                           in the Synthetic
                           Organic Chemical
                           Manufacturing Industry.
-------------------------
    Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
                                      Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
10-6.010................  Ambient Air Quality          4/18/88  7/31/89, 54 FR 31524....  The state adopted and
                           Standards.                                                      submitted a revised
                                                                                           ozone standard and a
                                                                                           lead standard which
                                                                                           EPA never acted on.
10-6.020................  Definitions and Common       5/30/00  3/23/01, 66 FR 16139
                           Reference Tables.
10-6.030................  Sampling Methods for        10/31/98  4/1/99, 64 FR 15688
                           Air Pollution Sources.
10-6.040................  Reference Methods......     07/30/01  10/15/01, 66 FR 52361
10-6.050................  Start-up, Shutdown, and      2/28/02  8/27/02, 67 FR 54967
                           Malfunction Conditions.
10-6.060................  Construction Permits         4/30/03  8/11/03, 68 FR 47468....  Section 9, pertaining
                           Required.                                                       to hazardous air
                                                                                           pollutants, is not
                                                                                           SIP approved.
10-6.065................  Operating Permits......      4/30/03  9/17/03, 68 FR 54369....  The state rule has
                                                                                           sections (4)(A),
                                                                                           (4)(B), and (4)(H)--
                                                                                           Basic State Operating
                                                                                           Permits. EPA has not
                                                                                           approved those
                                                                                           sections. Section
                                                                                           (6), Part 70
                                                                                           Operating Permits,
                                                                                           has been approved as
                                                                                           an integral part of
                                                                                           the operating permit
                                                                                           program and has not
                                                                                           been approved as part
                                                                                           of the SIP. The
                                                                                           ``intermediate
                                                                                           source'' program in
                                                                                           Section (5) is
                                                                                           approved, along with
                                                                                           other provisions of
                                                                                           10-6.065 on which it
                                                                                           relies.
10-6.110................  Submission of Emission       8/30/02  11/22/02, 67 FR 70321...  Section (5), Emission
                           Data, Emission Fees                                             Fees, has not been
                           and Process                                                     approved as part of
                           Information.                                                    the SIP.

[[Page 182]]

 
10-6.120................  Restriction of              03/30/01  4/16/02, 67 FR 18501      ......................
                           Emissions of Lead from
                           Primary Lead Smelter-
                           Refinery Installations.
10-6.130................  Controlling Emissions       11/30/02  3/18/03, 68 FR 12831      ......................
                           During Episodes of
                           High Air Pollution
                           Potential.
10-6.140................  Restriction of                5/1/86  3/31/89, 54 FR 13184      ......................
                           Emissions Credit for
                           Reduced Pollutant
                           Concentrations from
                           the Use of Dispersion
                           Techniques.
10-6.150................  Circumvention..........      8/15/90  4/17/91, 56 FR 15500      ......................
10-6.170................  Restriction of               8/30/98  3/31/00, 65 FR 17166      ......................
                           Particulate Matter to
                           the Ambient Air Beyond
                           the Premises of Origin.
10-6.180................  Measurement of              11/19/90  7/23/91, 56 FR 33714      ......................
                           Emissions of Air
                           Contaminants.
10-6.210................  Confidential                 1/27/95  2/29/96, 61 FR 7714       ......................
                           Information.
10-6.220................  Restriction of Emission     11/30/02  3/18/03, 68 FR 12829      ......................
                           of Visible Air
                           Contaminants.
10-6.260................  Restriction of Emission      7/31/96  8/27/98, 63 FR 45727....  EPA did not approve
                           of Sulfur Compounds.                                            section (4) of the
                                                                                           state rule.
10-6.280................  Compliance Monitoring        3/30/02  8/27/02, 67 FR 54963      ......................
                           Usage.
10-6.300................  Conformity of General        8/31/96  5/14/97, 62 FR 26395      ......................
                           Federal Actions to
                           State Implementation
                           Plans.
10-6.330................  Restriction of               6/30/98  12/8/98, 63 FR 67591      ......................
                           Emissions from Batch-
                           type Charcoal Kilns.
10-6.350................  Emissions Limitations        8/30/00  12/28/00, 65 FR 82288...
                           and Emissions Trading
                           of Oxides of Nitrogen.
10-6.400................  Restriction of Emission     09/30/01  11/30/01, 66 FR 59708...
                           of Particulate Matter
                           From Industrial
                           Processes.
10-6.410................  Emissions Banking and       04/30/03  8/11/03, 68 FR 47468....  ......................
                           Trading.
-------------------------
   Missouri Department of Public Safety Division 50--State Highway Patrol Chapter 2--Motor Vehicle Inspection
----------------------------------------------------------------------------------------------------------------
50-2.010................  Definitions............      4/11/82  8/12/85, 50 FR 32411....
50-2.020................  Minimum Inspection          10/11/82  8/12/85, 50 FR 32411....
                           Station Requirements.
50-2.030................  Inspection Station          12/11/77  8/12/85, 50 FR 32411....
                           Classification.
50-2.040................  Private Inspection           5/31/74  8/12/85, 50 FR 32411....
                           Stations.
50-2.050................  Inspection Station          11/11/79  8/12/85, 50 FR 32411....
                           Permits.
50-2.060................  Display of Permits,         11/31/74  8/12/85, 50 FR 32411....
                           Signs and Poster.
50-2.070................  Hours of Operation.....     11/11/83  8/12/85, 50 FR 32411....
50-2.080................  Licensing of Inspector/      4/13/78  8/12/85, 50 FR 32411....
                           Mechanics.
50-2.090................  Inspection Station           8/11/78  8/12/85, 50 FR 32411....
                           Operational
                           Requirements.
50-2.100................  Requisition of               6/12/80  8/12/85, 50 FR 32411....
                           Inspection Stickers
                           and Decals.
50-2.110................  Issuance of Inspection      12/11/77  8/12/85, 50 FR 32411....
                           Stickers and Decals.
50-2.120................  MVI-2 Form.............     11/11/83  8/12/85, 50 FR 32411....
50-2.130................  Violations of Laws or        5/31/74  8/12/85, 50 FR 32411....
                           Rules Penalty.
50-2.260................  Exhaust System.........      5/31/74  8/12/85, 50 FR 32411....

[[Page 183]]

 
50-2.280................  Air Pollution Control       12/11/80  8/12/85, 50 FR 32411....
                           Devices.
50-2.290................  Fuel Tank..............       5/3/74  8/12/85, 50 FR 32411....
50-2.350................  Applicability of Motor        5/1/84  8/12/85, 50 FR 32411....
                           Vehicle Emission
                           Inspection.
50-2.360................  Emission Fee...........      11/1/83  8/12/85, 50 FR 32411....
50-2.370................  Inspection Station          12/21/90  10/13/92, 57 FR 46778
                           Licensing.
50-2.380................  Inspector/Mechanic           11/1/83  8/12/85, 50 FR 32411....
                           Licensing.
50-2.390................  Safety/Emission              11/1/83  8/12/85, 50 FR 32411....
                           Stickers.
50-2.401................  General Specifications.     12/21/90  10/13/92, 57 FR 46778.
50-2.402................  MAS Software Functions.     12/21/90  10/13/92, 57 FR 46778...  The SIP does not
                                                                                           include Section (6),
                                                                                           Safety Inspection.
50-2.403................  Missouri Analyzer           12/21/90  10/13/92, 57 FR 46778...  The SIP does not
                           System (MAS) Display                                            include Section
                           and Program                                                     (3)(B)4, Safety
                           Requirements.                                                   Inspection Sequences
                                                                                           or (3)(M)5(II),
                                                                                           Safety Inspection
                                                                                           Summary.
50-2.404................  Test Record                 12/21/90  10/13/92, 57 FR 46778...  The SIP does not
                           Specifications.                                                 include Section (5),
                                                                                           Safety Inspection
                                                                                           Results.
50-2.405................  Vehicle Inspection          12/21/90  10/13/92, 57 FR 46778
                           Certificate, Vehicle
                           Inspection Report, and
                           Printer Function
                           Specifications.
50-2.406................  Technical                   12/21/90  10/13/92, 57 FR 46778
                           Specifications for the
                           MAS.
50-2.407................  Documentation,              12/21/90  10/13/92, 57 FR 46778
                           Logistics and Warranty
                           Requirements.
50-2.410................  Vehicles Failing            12/21/90  10/13/92, 57 FR 46778
                           Reinspection.
50-2.420................  Procedures for              12/21/90  10/13/92, 57 FR 46778
                           Conducting Only
                           Emission Tests.
-------------------------
                                       Kansas City Chapter 8--Air Quality
----------------------------------------------------------------------------------------------------------------
8-2.....................  Definitions............     12/10/98  12/22/99, 64 FR 71666...
8-4.....................  Open burning...........     10/31/96  4/22/98, 65 FR 19823....
8-5.....................  Emission of particulate     12/10/98  12/22/99, 64 FR 71666...  Only subsections 8-
                           matter.                                                         5(c)(1)b, 8-5(c)(1)c,
                                                                                           8-5(c)(2)a, 8-
                                                                                           5(c)(3)a, 8-5(c)(3)b,
                                                                                           8-5(c)(3)c, 8-
                                                                                           5(c)(3)d are approved
                                                                                           in the SIP.
-------------------------
                            Springfield--Chapter 2A--Air Pollution Control Standards
----------------------------------------------------------------------------------------------------------------
Article I...............  Definitions............     10/31/96  4/22/98, 63 FR 19823....  Only Section 2A-2 is
                                                                                           approved by EPA.
Article VII.............  Stack Emission Test         10/31/96  4/22/98, 63 FR 19823....  Only Section 2A-25 is
                           Method.                                                         approved by EPA.
Article IX..............  Incinerator............     10/31/96  4/22/98, 63 FR 19823....  Only Sections 2A-34
                                                                                           through 38 are
                                                                                           approved by EPA.
Article XX..............  Test Methods and Tables     10/31/96  4/22/98, 63 FR 19823....  Only Sections 2A-51,
                                                                                           55, and 56 are
                                                                                           approved by EPA.
-------------------------
                                         St. Louis City Ordinance 65645
----------------------------------------------------------------------------------------------------------------
Section 6...............  Definition.............      8/28/03  12/9/03, 68 FR 68523....  The phrase ``other
                                                                                           than liquids or
                                                                                           gases'' in the Refuse
                                                                                           definition has not
                                                                                           been approved.
Section 15..............  Open Burning                 8/28/03  12/9/03, 68 FR 68523....
                           Restrictions.
----------------------------------------------------------------------------------------------------------------


[[Page 184]]

    (d) EPA-approved state source-specific permits and orders.

                            EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                            State
          Name of source           Order/permit  number   effective     EPA approval date        Explanation
                                                             date
----------------------------------------------------------------------------------------------------------------
(1) ASARCO Inc. Lead Smelter,      Order...............      8/13/80  4/27/81, 46 FR 23412.
 Glover, MO.
(2) St. Joe Lead (Doe Run)         Order...............      3/21/84  6/11/84, 49 FR 24022.
 Company Lead Smelter,
 Herculaneum, MO.
(3) AMAX Lead (Doe Run) Company    Order...............      9/27/84  1/7/85, 50 FR 788....
 Lead Smelter, Boss, MO.
(4) Gusdorf Operating Permit       Permit Nos: 04682-      * 4/29/80  10/15/84, 49 FR 40164
 11440 Lackland Road, St. Louis     04693.
 County, MO.
(5) Doe Run Lead Smelter,          Consent Order.......       3/9/90  3/6/92, 57 FR 8077...
 Herculaneum, MO.
(6) Doe Run Lead Smelter,          Consent Order.......      8/17/90  3/6/92, 57 FR 8077...
 Herculaneum, MO.
(7) Doe Run Lead Smelter,          Consent Order.......       7/2/93  5/5/95, 60 FR 22274..
 Herculaneum, MO.
(8) Doe Run Lead Smelter,          Consent Order             4/28/94  5/5/95, 60 FR 22274..  In a notice
 Herculaneum, MO.                   (Modification).                                           published on 8/15/
                                                                                              97 at 62 FR 43647,
                                                                                              EPA required
                                                                                              implementation of
                                                                                              the contingency
                                                                                              measures.
(9) Doe Run Lead Smelter,          Consent Order            11/23/94  5/5/95, 60 FR 22274..
 Herculaneum, MO.                   (Modification).
(10) Doe Run Buick Lead Smelter,   Consent Order.......       7/2/93  8/4/95, 60 FR 39851..
 Boss, MO.
(11) Doe Run Buick Lead Smelter,   Consent Order             9/29/94  8/4/95, 60 FR 39851..
 Iron County, MO.                   (Modification).
(12) ASARCO Glover Lead Smelter,   Consent Decree CV596-     7/30/96  3/5/97, 62 FR 9970...
 Glover, MO.                        98CC with exhibits
                                    A-G.
(13) Eagle-Picher Technologies,    Consent Agreement...     08/26/99  4/24/00, 65 FR 21651.
 Joplin, MO.
(14) Doe Run Resource Recycling    Consent Order.......      5/11/00  10/18/00, 65 FR 62298
 Facility near Buick, MO.
(15) St. Louis University........  Medical Waste             9/22/92  4/22/98, 63 FR 19823.
                                    Incinerator.
(16) St. Louis University........  Permit Matter No. 00-     1/31/00  10/26/00, 65 FR 64158
                                    01-004.
(17) St. Joseph Light & Power SO2  Consent Decree......     05/21/01  11/15/01, 66 FR 57391
(18) Asarco, Glover, MO..........  Modification of          07/31/00  4/16/02, 67 FR 18501.
                                    Consent Decree,
                                    CV596-98CC.
(19) Doe Run, Herculaneum, MO....  Consent Judgement,       01/05/01  4/16/02, 67 FR 18501.
                                    CV301-0052C-J1,
                                    with Work Practice
                                    Manual and S.O.P.
                                    for Control of Lead
                                    Emissions (Rev
                                    2000).
(20) Springfield City Utilities    Consent Agreement...     12/06/01  3/25/02, 67 FR 13572.
 James River Power Station SO2.
(21) St. Louis University........  Permit Matter No. 00-     8/28/03  12/9/03, 68 FR 68523.  Updates a reference
                                    01-004.                                                   in section II.B.
                                                                                              to Ordinance No.
                                                                                              65645.
----------------------------------------------------------------------------------------------------------------
* St. Louis County.

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

[[Page 185]]



                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory  SIP      geographic or     State submittal
           provision               nonattainment           date           EPA approval date       Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
(1) Kansas City and Outstate     Kansas City and              1/24/72  5/31/72, 37 FR 10875..
 Air Quality Control Regions      Outstate.
 Plan.
(2) Implementation Plan for the  St. Louis........            1/24/72  5/31/72 37, FR 10875..
 Missouri portion of the St.
 Louis Interstate Air Quality
 Control Region.
(3) Effects of adopting          St. Louis........            3/27/72  5/31/72, 37 FR 10875..
 Appendix B to NO2 emissions.
(4) CO air quality data base...  St. Louis........             5/2/72  5/31/72, 37 FR 10875..
(5) Budget and manpower          Statewide........            2/28/72  10/28/72, 37 FR 23089.
 projections.
(6) Emergency episode manual...  Kansas City......            5/11/72  10/28/72, 37 FR 23089.
(7) Amendments to Air            Statewide........            7/12/72  10/28/72, 37 FR 23089.
 Conservation Law.
(8) Air monitoring plan........  Outstate.........            7/12/72  10/28/72, 37 FR 23089.
(9) Amendments to Air            Statewide........             8/8/72  10/28/72, 37 FR 23089.
 Conservation Law.
(10) Transportation control      Kansas City......            5/11/73  6/22/73, 38 FR 16566..
 strategy.                                                    5/21/73
(11) Analysis of ambient air     Kansas City......            4/11/74  3/2/76, 41 FR 8962....
 quality data and
 recommendation to not
 designate the area as an air
 quality maintenance area.
(12) Recommendation to           St. Louis,                    5/6/74  9/9/75, 40 FR 41950...
 designate air quality            Columbia,
 maintenance areas.               Springfield.
(13) Plan to attain the NAAQS..  Kansas City, St.              7/2/79  4/9/80, 45 FR 24140...  Correction notice
                                  Louis.                                                        published 7/11/
                                                                                                80.
(14) Schedule for I/M program    St. Louis........             9/9/80  3/16/81, 46 FR 16895..
 and commitment regarding
 difficult transportation
 control measures (TCMs).
(15) Lead SIP..................  Statewide........             9/2/80  4/27/81, 46 FR 23412;   Correction notice
                                                              2/11/81   7/19/84, 49 FR 29218.   published 5/15/
                                                              2/13/81                           81.
(16) Report on recommended I/M   St. Louis........           12/16/80  8/27/81, 46 FR 43139..  No action was
 program.                                                                                       taken on the
                                                                                                specific
                                                                                                recommendations
                                                                                                in the report.
(17) Report outlining            St. Louis........            2/12/81  11/10/81, 46 FR 55518.
 commitments to TCMs, analysis                                4/28/81
 of TCMs, and results of CO
 dispersion modeling.
(18) 1982 CO and ozone SIP.....  St. Louis........           12/23/82  10/15/84, 49 FR 40164.
                                                              8/24/83
(19) Air quality monitoring      Statewide........             6/6/84  9/27/84, 49 FR 38103..
 plan.
(20) Vehicle I/M program.......  St. Louis........            8/27/84  8/12/85, 50 FR 32411..
(21) Visibility protection plan  Hercules Glades               5/3/85  2/10/86, 51 FR 4916...
                                  and Mingo
                                  Wildlife Area.
(22) Plan for attaining the      St. Louis........             8/1/85  9/3/86, 51 FR 31328...
 ozone standard by December 31,
 1987.
(23) PM10 plan.................  Statewide........   3/29/88, 6/15/88  7/31/89, 54 FR 31524..
(24) Construction permit fees    Statewide........   1/24/89, 9/27/89  1/9/90, 55 FR 735.....
 including Chapter 643 RSMo.
(25) PSD NOX requirements        Statewide........             7/9/90  3/5/91, 56 FR 9172....
 including a letter from the
 state pertaining to the rules
 and analysis.
(26) Lead plan.................  Herculaneum......             9/6/90  3/6/92, 57 FR 8076....
                                                               5/8/91
(27) Ozone maintenance plan....  Kansas City......            10/9/91  6/23/92, 57 FR 27939..
(28) Small business assistance   Statewide........            3/10/93  10/26/93, 58 FR 57563.
 plan.
(29) Part D Lead plan..........  Herculaneum......    7/2/93, 6/30/94  5/5/95, 60 FR 22274...
                                                             11/23/94

[[Page 186]]

 
(30) Intermediate permitting     Statewide........   3/31/94, 11/7/94  9/25/95, 60 FR 49340..
 program including three                             10/3/94, 2/10/95
 letters pertaining to
 authority to limit potential
 to emit hazardous air
 pollutants.
(31) Part D lead plan..........  Bixby............             7/2/93  8/4/95, 60 FR 39851...
                                                              6/30/94
(32) Transportation conformity   St. Louis, Kansas            2/14/95  2/29/96, 61 FR 7711...
 plans including a policy         City.
 agreement and a letter
 committing to implement the
 state rule consistent with the
 Federal transportation
 conformity rule.
(33) Emissions inventory update  Kansas City......            4/12/95  4/25/96, 61 FR 18251..
 including a motor vehicle
 emissions budget.
(34) Part D Lead Plan..........  Glover...........            8/14/96  3/5/97, 62 FR 9970
(35) CO Maintenance Plan.......  St. Louis........            6/13/97  1/26/99, 64 FR 3855...
                                                              6/15/98
(36) 1990 Base Year Inventory..  St. Louis........            1/20/95  2/17/00, 65 FR 8063
(37) 15% Rate-of-Progress Plan.  St. Louis........           11/12/99  5/18/00, 65 FR 31489..
(38) Implementation plan for     St. Louis........           11/12/99  5/18/00, 65 FR 31482..
 the Missouri inspection
 maintenance program.
(39) Doe Run Resource Recycling  Dent Township in             5/17/00  10/18/00, 65 FR 62298.
 Facility near Buick, MO.         Iron County.
(40) Commitments with respect    Statewide........             8/8/00  12/28/00, 65 FR 82288.
 to implementation of rule 10
 CSR 10-6.350, Emissions
 Limitations and Emissions
 Trading of Oxides of Nitrogen.
(41) Contingency Plan including  St. Louis........    10/6/97, 4/5/01  6/26/01, 66 FR 34011..
 letter of April 5, 2001.
(42) Ozone 1-Hour Standard       St. Louis........    11/10/99, 11/2/  6/26/01, 66 FR 34011..
 Attainment Demonstration Plan                                    00,
 for November 2004 including                          2/28/01, 3/7/01
 2004 On-Road Motor Vehicle
 Emissions Budgets.
(43) Doe Run Resources           Herculaneum, MO..            1/09/01  4/16/02, 67 FR 18502..  The SIP was
 Corporation Primary Lead                                                                       reviewed and
 Smelter, 2000 Revision of Lead                                                                 approved by EPA
 SIP.                                                                                           on 1/11/01.
(44) Doe Run Resources           Glover, MO.......            6/15/01  4/16/02, 67 FR 18502..  The SIP was
 Corporation Primary Lead                                                                       reviewed and
 Smelter, 2000 Revision of Lead                                                                 approved by EPA
 SIP.                                                                                           on 6/26/01.
(45) Maintenance Plan for the    St. Louis........           12/06/02  5/12/03, 68 FR 25442..
 Missouri Portion of the St.
 Louis Ozone Nonattainment Area
 including 2014 On-Road Motor
 Vehicle Emission Budgets.
(46) Maintenance Plan for the 1- Kansas City......           12/17/02  1/13/04, 69 FR 1923...
 hour ozone standard in the
 Missouri portion of the Kansas
 City maintenance area for the
 second ten-year period.
----------------------------------------------------------------------------------------------------------------


[64 FR 34719, June 29, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1320, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.

    Effective Date Notes: 1. At 69 FR 26506, May 13, 2004, in Sec. 
52.1320, the table in paragraph (e) was amended by adding an entry at 
the end of the table, effective July 12, 2004. For the convenience of 
the user, the added text is set forth as follows:

[[Page 187]]

Sec. 52.1320  Identification of Plan.

                                * * * * *

    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
           provision               nonattainment           date           EPA approval date       Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Vehicle I/M Program............  St. Louis........            10/1/03  05/13/04, 69 FR 26506.  .................
----------------------------------------------------------------------------------------------------------------

    2. At 69 FR 39340, June 30, 2004, Sec. 52.1320 was amended by 
adding in paragraphs (d) and (e), an entry at the end of each table, 
effective Aug. 30, 2004. For the convenience of the user, the added text 
is set forth as follows:

Sec. 52.1320  Identification of Plan.

                                * * * * *

    (d) * * *

                              EPA-Approved State Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
                                                     State effective
         Name of source           Order/permit No.         date           EPA approval date       Explanation
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Doe Run Lead Smelter, Glover,    Settlement                  10/31/03  6/30/04, 69 FR 39340..  .................
 MO.                              Agreement.
----------------------------------------------------------------------------------------------------------------

    (e) * * *

                               EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
                                     Applicable
   Name of nonregulatory SIP       geographic or     State submittal
           provision               nonattainment           date           EPA approval date       Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Lead Maintenance Plan..........  Iron County                  1/26/04  6/30/04, 69 FR 39340..  .................
                                  (part) within
                                  boundaries of
                                  Liberty and
                                  Arcadia
                                  Townships.
----------------------------------------------------------------------------------------------------------------



Sec. 52.1321  Classification of regions.

    The Missouri plans were evaluated on the basis of the following 
classifications:

----------------------------------------------------------------------------------------------------------------
                                                                               Pollutant
                                                      ----------------------------------------------------------
              Air quality control region                                                           Photochemical
                                                       Particulate   Sulfur   Nitrogen   Carbon      oxidants
                                                          matter     oxides    dioxide  monoxide  (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Kansas City Interstate..................           I        III       III         I             I
Southwest Missouri Intrastate........................           I        III       III       III           III
Southeast Missouri Intrastate........................         III        III       III       III           III
Northern Missouri Intrastate.........................          II        III       III       III           III
Metropolitan St. Louis Interstate....................           I          I       III         I             I
----------------------------------------------------------------------------------------------------------------


[[Page 188]]


[37 FR 10875, May 31, 1972, as amended at 39 FR 16347, May 8, 1974]



Sec. 52.1322  Original Identification of Plan Section.

    (a) This section identifies the original ``Air Implementation Plan 
for the State of Missouri'' and all revisions submitted by Missouri that 
were Federally approved prior to July 1, 1999.
    (b) The plans were officially submitted on January 24, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Budget and manpower projections were submitted by the State Air 
Conservation Commission (ACC) on February 28, 1972. (Non-regulatory)
    (2) A memorandum from the State Air Conservation Commission 
concerning the effects of adopting Appendix B to NO2 
emissions in the St. Louis area was submitted on March 27, 1972. (Non-
regulatory)
    (3) The determination of the CO air quality data base on the St. 
Louis area was submitted on May 2, 1972, by the Air Conservation 
Commission. (Non- regulatory)
    (4) The emergency episode operations/communications manual for the 
Kansas City area was submitted on May 11, 1972, by the State Air 
Conservation Commission. (Non-regulatory)
    (5) Amendments to the Air Conservation Law, Chapter 203, and plans 
for air monitoring for outstate Missouri were submitted July 12, 1972, 
by the Air Conservation Commission.
    (6) The following amendments to the St. Louis and Kansas City 
outstate plans were submitted August 8, 1972, by the State ACC: Air 
Conservation Law, Chapter 203; Kansas City Ordinance, Chapter 18; 
Regulations XVIII, XX, XXVI (St. Louis); Regulations X, XII, XVII 
(Kansas City) and Regulations S-11, S-X111 and S-X11 (outstate).
    (7) Letters discussing transportation control strategy for Kansas 
City Interstate AQCR submitted by the State ACC on May 11 and 21, 1973. 
(Non-regulatory)
    (8) Alert plan for St. Louis County and outstate Missouri was 
submitted on May 24, 1973, by the ACC. (Regulatory)
    (9) Copy of the State's analysis of ambient air quality in the 
Missouri portion of the Metropolitan Kansas City Interstate Air Quality 
Control Region and recommendation that the area not be designated as an 
Air Quality Maintenance Area submitted by the Missouri Air Conservation 
Commission on April 11, 1974. (Non-regulatory)
    (10) Copy of the State's analysis of the Missouri portion of the 
Metropolitan St. Louis Interstate Standard Metropolitan Statistical Area 
(SMSA), the Columbia SMSA and the Springfield SMSA and recommendations 
for the designation of Air Quality Maintenance Areas submitted by the 
Missouri Air Conservation Commission on May 6, 1974. (Non-regulatory)
    (11) Compliance Schedules were submitted by the Missouri Air 
Conservation Commission on June 3 and October 1, 1976.
    (12) Compliance Schedules were submitted by the Missouri Air 
Conservation Commission on November 23, 1976.
    (13) On August 28, 1978, the following revisions were submitted by 
the Missouri Department of Natural Resources:
    (i) The recodification of Missouri regulations of July 1, 1976, now 
contained in Title 10, Division 10 of the Code of State Regulations.
    (ii) Title 10, Division 10, Chapter 6 of the Code of State 
Regulations which contains air quality standards, definitions, and 
reference methods.
    (iii) Missouri Rule 10 CSR 10-2.200; Rule 10 CSR 10-3.150; and Rule 
10 CSR 10-4.190 pertaining to control of SO2 from indirect 
heating sources.
    (iv) Missouri Rule 10 CSR 10-2.030; Rule 10 CSR 10-3.050; Rule 10 
CSR 10-4.030; and 10 CSR 10-5.050 exempting certain process sources from 
the process weight regulations for particulate matter.
    (v) Missouri Rule 10 CSR 10-2.190; Rule 10 CSR 10-3.140; Rule 10 CSR 
10-4.180; and Rule 10 CSR 10-5.280 which contain the ``Standards of 
Performance for New Stationary Sources,'' found at 40 CFR part 60 as in 
effect on January 18, 1975.

[[Page 189]]

    (vi) Missouri Rule 10 CSR 10-2.060; Rule 10 CSR 10-3.080; Rule 10 
CSR 10-4.060; and Rule 10 CSR 10-5.090 which require continuous opacity 
monitors for certain sources.
    (vii) Missouri Rule 10 CSR 10-5.140 for determining settlable acid 
and alkaline mists is rescinded.
    (viii) The EPA is taking no action on Rule 10 CSR 10-5.100; 10 CSR 
10-2.050, and 10 CSR 10-3.070 which limit fugitive particulate emissions 
from the handling, transporting and storage of materials in the State of 
Missouri.
    (14) On March 12, 1979, the Missouri Department of Natural Resources 
submitted Rule 10 CSR 10-3.100 and Rule 10 CSR 10-5.150 establishing 
revised SO2 emission limits for primary lead smelters.
    (15) On March 1, 1979, the Missouri Department of Natural Resources 
submitted a revision of regulation 10 CSR 10-5.110 revising the 
allowable emission rates of sulfur dioxide from Union Electric's Sioux 
and Labadie power plants.
    (16) On July 2, 1979, the State of Missouri submitted a plan to 
attain the National Ambient Air Quality Standards for the Kansas City 
and St. Louis areas of the state designated nonattainment under section 
107 of the Clean Air Act, as amended in 1977. Included in the plan are 
the following approved regulations as amended, in part, in subsequent 
submittals:
    (i) Rule 10 CSR 10-2.210 and 10 CSR 10-5.300 Control of Emissions 
from Solvent Metal Cleaning are approved as RACT;
    (ii) Rule 10 CSR 10-2.220 and 10 CSR 10-5.310 Liquified Cutback 
Asphalt Paving Restriated are approved as RACT;
    (iii) Rule 10 CSR 10-5.220 Control of Petroleum Liquid Storage, 
Loading and Transfer (St. Louis) is approved as RACT.
    (iv) Rule 10 CSR 10-2.260 Control of Petroleum Liquid Storage, 
Loading and Transfer (Kansas City) is approved as RACT;
    (v) Rule 10 CSR 10-5.030 Maximum Allowable Emission of Particulate 
Matter from Fuel Burning Equipment Used for Indirect Heating is approved 
as RACT;
    (vi) Rule 10 CSR 10-5.090 Restriction of Emission of Visible Air 
Contaminants is approved as RACT;
    (vii) Rule 10 CSR 10-5.290 More Restrictive Emission Limitations for 
Sulfur Dioxide and Particulate Matter in South St. Louis is approved as 
RACT;
    (viii) Rule 10 CSR 10-2.040 Maximum Allowable Emission of 
Particulate Matter from Fuel Burning Equipment Used for Indirect Heating 
is approved as RACT;
    (ix) Rule 10 CSR 10-2.240 Restriction of Emissions of Volatile 
Organic Compounds from Petroleum Refinery Sources is approved as RACT;
    (x) Rule 10 CSR 10-2.250 Control of Volatile Leaks from Petroleum 
Refinery Equipment is approved as RACT; and
    (xi) Rule 10 CSR 10-2.230 and 10 CSR 10-5.330 Control of Emissions 
from Industrial Surface Coating Operations is approved as RACT.
    (17) On July 2, 1979, the Missouri Department of Natural Resources 
submitted variances (compliance schedules) for Union Electric Company's 
Labadie power plant, River Cement Company, and Monsanto Company's Queeny 
plant. The compliance schedules require these sources to comply with 
revised Rule 10 CSR 10-5.090. In addition, the Labadie power plant is 
required to come into compliance with Rule 10 CSR 10-5.030.
    (18) On April 7, 1980 the State of Missouri submitted plan revisions 
for the review and permitting of sources of air pollutant emissions in 
nonattainment areas. Included in the plan are Missouri regulations 10 
CSR 10-6.020, Definitions, and 10 CFR 10-6.060, Permits Required, as 
amended, in part, in subsequent submittals, which are approved as 
meeting the requirements of sections 172(b)(6), 172(b)(11)(A) and 173.
    (19) On July 2, 1979, the Missouri Department of Natural Resources 
submitted the variance for the University of Missouri power plant.
    (20) On March 11, 1977 the Missouri Department of Natural Resources 
submitted a variance for Noranda Aluminum.
    (21) On June 25, 1979 the Missouri Department of Natural Resources 
submitted a variance for Associated Electric Cooperative in New Madrid.

[[Page 190]]

    (22) On April 25, 1979, the Missouri Department of Natural Resources 
submitted the variance for the Union Electric Company's Meramec power 
plant.
    (23) Revisions to Rule 10 CSR 10-2.260 Control of Petroleum Liquid 
Storage, Loading and Transfer (Kansas City), submitted on September 5, 
1980, amending the vapor pressure limit in Section 2(A) and amending the 
limit on gasoline loading in Section 3(B)(1), are approved as RACT.
    (24) A schedule for an inspection and maintenance program in St. 
Louis and a commitment by the East-West Gateway Coordinating Council 
regarding difficult transportation control measures, submitted on 
September 9, 1980.
    (25) On September 5, 1980, the State of Missouri submitted new 
regulations and amendments to existing regulations to control emissions 
of volatile organic compounds in the St. Louis and Kansas City ozone 
nonattainment areas. Included in the plan revision are the following 
approved regulations as amended, in part, in subsequent submittals:
    (i) Amendments to Rule 10 CSR 10-2.230 and to Rule 10 CSR 10-5.330, 
Control of Emissions from Industrial Surface Coating Operations, are 
approved as RACT;
    (ii) Amendments to Rule 10 CSR 10-2.260 and to Rule 10 CSR 10-5.220, 
Control of Petroleum Liquid Storage, Loading and Transfer, are approved 
as RACT;
    (iii) Amendments to Rule 10 CSR 10-6.020, Definitions, and to Rule 
10 CSR 10-6.030, Sampling Methods for Air Pollution Sources, and to Rule 
10 CSR 10-6.040, Reference Methods, are approved as RACT;
    (iv) Rule 10 CSR 10-2.280 and Rule 10 CSR 10-5.320, Control of 
Emissions from Perchloroethylene Dry Cleaning Installations, are 
approved as RACT;
    (v) Rule 10 CSR 10-2.290, Control of Emissions from Rotogravure and 
Flexographic Printing Facilities, is approved as RACT;
    (vi) Rule 10 CSR 10-5.350, Control of Emissions from the Manufacture 
of Synthesized Pharmaceutical Products, is approved as RACT;
    (vii) Rule 10 CSR 10-5.340, Control of Emissions from Rotogravure 
and Flexographic Printing Facilities is approved as RACT.
    (26) On September 2, 1980, the Missouri Department of Natural 
Resources submitted the State Implementation Plan for Lead. On February 
11 and 13, 1981, the Missouri Department of Natural Resources submitted 
two letters containing additional information concerning the State 
Implementation Plan for Lead.
    (27) On September 5, 1980, the state of Missouri submitted a plan 
revision which involved provisions for start-up, shutdown, and 
malfunction conditions. Included in the plan are new Missouri Rule 10 
CSR 10-6.050, Start-up Shutdown, and MalfunctionConditions; and 
revisions to Rule 10 CSR 10-6.020, Defintions and Amended Start-up, 
Shutdown and Malfunction Provisions in Rules 10 CSR 10-2.030, 10-3.050, 
10-3.060, 10-3.080, 10-4.030, 10-4.040, and 10-5.050.
    (28) Revisions to Rule 10 CSR 10-6.060 Permits Required, submitted 
on April 7, 1981.
    (29) A revision to Rule 10 CSR 10-5.220 Control of Petroleum Liquid 
Storage, Loading and Transfer (St. Louis), submitted on April 14, 1981, 
amending the emission limit in Section 3, is approved as RACT.
    (30) A report on the recommended type of I/M program, stringency 
factor, vehicle test mix, and program resources and justification, 
submitted on December 16, 1980, is approved as meeting the applicable 
condition on the SIP. No action is being taken with respect to the 
approvability of the specific recommendation sin the report.
    (31) A report from the East-West Gateway Coordinating Council 
outlining commitments to transportation control measures, an analysis of 
those measures, and the results of the carbon monoxide dispersion 
modeling, submitted on February 12 and April 28,1981, is approved as 
meeting the applicable condition on the SIP.
    (32) A variance from Missouri Rule 10 CSR 10-3.050 Restriction of 
Emission of Particulate Matter From Industrial Processes, for St. Joe 
Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by the 
Missouri Department of Natural Resources on May 6,

[[Page 191]]

1981 with supplementary information submitted on June 22 and July 28, 
1981.
    (33) On September 5, 1980, the Missouri Department of Natural 
Resources submitted a revision of Missouri Rule 10 CSR 10-3.050, 
Restriction of Emission of Particulate Matter from Industrial Processes, 
which exempts existing Missouri type charcoal kilns from the rule.
    (34) A variance from Missouri Rules 10 CSR 10-3.060, Maximum 
Allowable Emissions of Particulate Matter from Fuel Burning Equipment 
Used for Indirect Heating, and 10 CSR 10-3.080, Restriction of Emission 
of Visible Air Contaminants, was submitted by the Missouri Department of 
Natural Resources on August 12, 1981.
    (35) A variance from Missouri Rule 10 CSR 10-2.260, Control of 
Petroleum Liquid Storage, Loading and Transfer for the Kansas City 
Metropolitan Area, was submitted by the Missouri Department of Natural 
Resources on June 11, 1981.
    (36) Revisions to Rule 10 CSR 10-5.340, Control of Emissions from 
Rotogravure and Flexographic Printing Facilities, submitted on April 15, 
1982, are approved as RACT.
    (37) On April 15, 1982, the State of Missouri submitted a new Rule 
10 CSR 10-6.060, Permits Required, and Amendments to Rule 10 CSR 
10.6020, Definitions, involving the review and permitting of new sources 
of air pollution. Included in the plan are provisions relating to the 
attainment area (PSD) new source review. The plan also includes new 
source review provisions of nonattainment areas in the State.
    (38) Revisions to Rules 10 CSR 10-2.280 (Kansas City) and 10 CSR 10-
5.320 (St. Louis), both entitled Control of Emissions from 
Perchloroethylene Dry Cleaning Installations, and 10 CSR 10-5.290, More 
Restrictive Emission Limitations for Sulfur Dioxide and Particulate 
Matter in the South St. Louis Area, submitted on July 13, 1982, are 
approved.
    (39) [Reserved]
    (40) The 1982 carbon monoxide and ozone state implementation plan 
revisions were submitted by the Department of Natural Resources on 
December 23, 1982. A revised version of the 1982 carbon monoxide and 
ozone plan was submitted by the Department of Natural Resources on 
August 24, 1983. This version contained updated inventories, attainment 
demonstrations and schedules to adopt rules. The submission included new 
rule 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag Sealing 
Operations. (No action was taken with respect to provisions dealing with 
control strategy demonstration, reasonable further progress and 
inspection and maintenance of motor vehicles.)
    (41) Revised rule 10 CSR 10-1.010, General Organization, was 
submitted by the Missouri Department of Natural Resources on December 
30, 1982.
    (42) [Reserved]
    (43) On March 26, 1984, the Missouri Department of Natural Resources 
submitted a revision to the September 2, 1980, lead State Implementation 
Plan pertaining to item 4 of the consent order for the St. Joe Lead 
Company. The revision consists of a substitution of equivalent control 
measures for item 4.
    (44) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of 
Emission of Particulate Matter from Industrial Processes, for the St. 
Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by 
the Missouri Department of Natural Resources on July 1, 1983.
    (45) The Missouri Department of Natural Resources submitted 
revisions to regulations 10 CSR 10-2.100, 3.030, 4.090, and 5.070 
requiring operating permits for open burning of untreated wood waste at 
solid waste disposal and processing installations effective April 12, 
1984.
    (46) On June 6, 1984, the Missouri Department of Natural Resources 
submitted the Air Quality Monitoring State Implementation Plan.
    (47) In a letter dated August 14, 1984, the Missouri Department of 
Natural Resources submitted the rules, 10 CSR 10-6.030, Sampling Methods 
for Air Pollution Sources, and 10 CSR 10-6.040, Reference Methods.
    (48) Revised rules 10 CSR 10-2.040, 3.060, 4.040 and 5.030 all 
entitled ``Maximum Allowable Emission of Particulate Matter from Fuel 
Burning Equipment Used for Indirect Heating'' were

[[Page 192]]

submitted September 24, 1984, by the Department of Natural Resources.
    (49) On October 5, 1984, the Missouri Department of Natural 
Resources submitted a revision to the September 2, 1980, lead State 
Implementation Plan pertaining to item 6 of the Consent Order for the 
AMAX Lead Company. The revision consists of a substitution of equivalent 
control measures for item 6.
    (50) The Missouri Department of Natural Resources submitted an 
amendment to Rule 10 CSR 10-5.330 ``Control of Emissions from Industrial 
Surface Coating Operations,'' limiting emissions from surface coating of 
plastic parts and new Rule 10 CSR 10-5.370 ``Control of Emissions from 
the Application of Deadeners and Adhesives'' on January 24, 1984; and 
new Rule 10 CSR 10-5.390, ``Control of Emissions from Manufacture of 
Paints, Varnishes, Lacquers, Enamels and Other Allied Surface Coating 
Products'' and an amendment to 10 CSR 10-6.020, ``Definitions'' on April 
10, 1984. (Approval action was deferred on 10 CSR 10-5.370.)
    (51) The motor vehicle inspection and maintenance program for the 
St. Louis area was submitted August 27, 1984, by the Department of 
Natural Resources.
    (i) Incorporation by reference. (A) Amendment to Regulations 10 CSR 
10-5.380, ``Motor Vehicle Emissions Inspections'', published in the 
Missouri Register January 3, 1982;
    (B) Missouri Revised Statutes, Sections 307.350 through 307.395, 
``Motor Vehicle Safety Inspection'', as revised September 1983;
    (C) Regulations 11 CSR 50-2.010 through 11 CSR 50-2.410, ``Missouri 
Motor Vehicle Inspection Regulations'', as revised July 1, 1982.
    (ii) Additional material. (A) I/M Implementation Schedule.
    (B) Highway Patrol Forms.
    (C) Missouri Certified Emission Analyzers.
    (D) Missouri Department of Revenue Policy.
    (E) Highway Patrol QC Manual.
    (F) EPA Approval of RACT Compliance.
    (G) Public Awareness Materials.
    (52) [Reserved]
    (53) A rule requiring sources to keep records and report data and 
requiring emission data to be made public was submitted January 22, 
1985, by the Department of Natural Resources. This rule replaces 
previous rules 10 CSR 10-2.130, 3.130, 4.120, and 5.210, all entitled 
``Submission of Emission Information'' which were approved as parts of 
the State Implementation Plan; and previous rules 10 CSR 10-2.180, 
3.120, 4.170, and 5.270, all entitled ``Public Availability of Emission 
Data'' which were not approved prior to the submission of this 
replacement rule.
    (i) Incorporation by reference. A new regulation 10 CSR 10-6.110 
published in the Missouri Register November 1, 1984.
    (54) A new rule, Controlling Emissions During Episodes of High Air 
Pollution Potential, was submitted by the Department of Natural 
Resources on January 22, 1985.
    (i) Incorporation by reference. 10 CSR 10-6.130, Controlling 
Emissions During Episodes of High Air Pollution Potential, adopted by 
the Missouri Air Conservation Commission and effective on October 11, 
1984.
    (ii) Additional material. The State has rescinded rules 10 CSR 10-
2.170, 3.110, 4.160, and 5.260, all entitled ``Rules for Controlling 
Emission During Periods of High Air Pollution Potential.''
    (55) [Reserved]
    (56) The Missouri Department of Natural Resources submitted the 
Protection of Visibility Plan, 1985, on May 3, 1985.
    (i) Incorporation by reference.
    (A) Amendments to Missouri Rule 10 CSR 10-6.020, Definitions, and 
Rule 10 CSR 10-6.060, Permits Required. These Amendments were adopted by 
the Missouri Air Conservation Commission and became effective on May 11, 
1985.
    (ii) Additional material.
    (A) Narrative description of visibility new source review program 
for Class I areas in Missouri.
    (B) Visibility monitoring plan for Class I areas in Missouri.
    (57) On July 1, 1985, the Missouri Department of Natural Resources 
submitted amendments to Rules 10 CSR 10-5.220 for the St. Louis 
Metropolitan Area, and 10 CSR 10-2.260 for the Kansas City Metropolitan 
Area. The amendments require bulk gasoline plants to be equipped with a 
vapor recovery system if their monthly

[[Page 193]]

throughput is greater than the exemption level.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.220, and 10 CSR 10-2.260, Control of Emissions from 
Petroleum Liquid Storage, Loading, and Transfer, as published in the 
Missouri Register on May 1, 1985.
    (58) A plan revision demonstrating that the ozone standard will be 
attained in the St. Louis ozone nonattainment area by December 31, 1987, 
was submitted by the Department of Natural Resources on August 1, 1985.
    (i) Incorporation by reference.
    (A) An agreement and variance modification order dated July 18, 
1985, signed by the Missouri Air Conservation Commission and the General 
Motors (GM) Corporation requiring that the GM St. Louis assembly plant 
meet interim emission limitations and comply with the SIP by shutdown by 
December 31, 1987.
    (ii) Additional material.
    (A) A revised and corrected emission inventory for base year 1980.
    (B) A revised projected year 1987 inventory demonstrating that the 
additional emission reductions from two new regulations and one plant 
shutdown, in addition to reductions already required, will be adequate 
to reduce ambient ozone concentrations to the National Ambient Air 
Quality Standard for ozone.
    (59) A new rule, Control of Emissions from the Production of Maleic 
Anhydride, was submitted by the Department of Natural Resources on 
January 21, 1986.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.400, Control of Emissions from the Production of 
Maleic Anhydride, adopted by the Missouri Air Conservation Commission 
and effective on October 26, 1985.
    (60) A plan revision to correct motor vehicle inspection and 
maintenance testing deficiencies was submitted by the Department of 
Natural Resources on December 29, 1987.
    (i) Incorporation by reference. (A) Regulations 11 CSR 50-2.370 and 
11 CSR 50-2.400, effective June 25, 1987.
    (61) On June 9, 1986, the state of Missouri submitted an amendment 
to Rule 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, 
and Transfer. This amendment requires the control of volatile organic 
compound emissions from the refueling of motor vehicles in the St. Louis 
Metropolitan Area.
    (i) Incorporation by reference.
    (A) 10 CSR 10-5.220, Control of Petroleum Liquid Storage, Loading, 
and Transfer, revised paragraphs 4, 5, 6, 7, 8, and 9, published in the 
Missouri Register on May 1, 1985.
    (62) A new rule, Control of Equipment Leaks from Synthetic Organic 
Chemical and Polymer Manufacturing Plants, was submitted by the 
Department of Natural Resources on November 19, 1986.
    (i) Incorporation by reference, 10 CSR 10-5.420, Control of 
Equipment Leaks from Synthetic Organic Chemical and Polymer 
Manufacturing Plants, effective on September 26, 1986.
    (63) An amendment to the rule, Restriction of Emissions of Sulfur 
Compounds, was submitted by the Department of Natural Resources on 
November 19, 1986.
    (i) Incorporation by reference.
    (A) Amended Regulation 10 CSR 10-3.100, Restriction of Emission of 
Sulfur Compounds adopted October 16, 1986, and effective on November 28, 
1986.
    (64) A variance from Missouri Rule 10 CSR 10-3.050, Restriction of 
Emission of Particulate Matter from Industrial Processes, for the St. 
Joe Minerals Corporation, Pea Ridge Iron Ore facility, was submitted by 
the Missouri Department of Natural Resources on October 22, 1987.
    (i) Incorporation by reference.
    (A) Variance order modification dated May 21, 1987, issued to St. 
Joe Minerals Corporation allowing certain equipment at its Pea Ridge 
Iron Ore facility to operate beyond the limitations specified in Rule 10 
CSR 10-3.050, Restriction of emissions of Particulate Matter from 
Industrial Processes, for outstate Missouri area, effective May 21, 
1987.
    (65) Revised regulations for the control of volatile organic 
compound emissions in the Kansas City area were submitted by the 
Missouri Department of Natural Resources on May 21, 1986, and December 
18, 1987. The May 21, 1986, submittal also included anozone attainment 
demonstration for Kansas

[[Page 194]]

City, which will be addressed in a future action.
    (i) Incorporation by reference. (A) Revision to Rule 10 CSR 10-
2.260, Control of Emissions from Petroleum Liquid Storage, Loading, and 
Transfer, effective May 29, 1986, with amendments effective December 24, 
1987.
    (B) New Rule 10 CSR 10-2.300, Control of Emissions from the 
Manufacturing of Paints, Varnishes, Lacquers, Enamels, and Other Allied 
Surface Coating Products, effective December 12, 1987.
    (C) New Rules 10 CSR 10-2.310, Control of Emissions from the 
Application of Automotive Underbody Deadeners, and 10 CSR 10-2.320, 
Control of Emissions from Production of Pesticides and Herbicides, 
effective November 23, 1987.
    (D) Rescinded Rules 10 CSR 10-2.240, Control of Emissions of 
Volatile Organic Compounds from Petroleum Refinery Equipment, and 10 CSR 
10-2.250, Control of Volatile Leaks from Petroleum Refinery Equipment, 
effective November 23, 1987.
    (E) Revision to Rule 10 CSR 10-6.030, Sampling Methods for Air 
Pollution Sources, effective November 23, 1987, with amendments 
effective December 24, 1987.
    (F) Revision to Rule 10 CSR 10-2.210, Control of Emissions from 
Solvent Metal Cleaning, effective December 12, 1987.
    (G) Revisions to Rules 10 CSR 10-2.290, Control of Emissions from 
Rotogravure and Flexographic Printing Facilities, and 10 CSR 10-6.020, 
Definitions, effective December 24, 1987.
    (66) The Missouri Department of Natural Resources submitted 
revisions to its state implementation plan to incorporate 
PM10 on March 29, 1988, May 12, 1988, and June 15, 1988.
    (i) Incorporation by reference.
    (A) Revisions to the following Missouri air pollution rules:
10 CSR 10-6.010 Ambient Air Quality Standards
10 CSR 10-6.020 Definitions
10 CSR 10-6.040 Reference Methods
10 CSR 10-6.060 Permits Required
10 CSR 10-6.130 Controlling Emissions During Episodes of High Air 
    Pollution Potential
    These rules were published in the Missouri Register on April 18, 
1988, and became effective April 28, 1988.
    (ii) Additional material.
    (A) A revision to the Missouri Monitoring Plan was submitted March 
29, 1988.
    (B) A narrative description of the PM10 SIP for the state 
of Missouri was submitted June 15, 1988.
    (67) Plan revisions were submitted by the Missouri Department of 
Natural Resources on August 18, 1986, and October 18, 1988, which 
implement EPA's July 8, 1985, revised stack height requirements.
    (i) Incorporation by reference.
    (A) Revisions to rules 10 C.S.R. 10-6.020, Definitions, and 10 CSR 
10-6.060, Permits Required, effective May 11, 1986.
    (B) New rule 10 C.S.R. 10-6.140, Restriction of Emissions Credit for 
Reduced Pollutant Concentrations from the Use of Dispersion Techniques, 
effective May 11, 1986.
    (C) Revisions to rule 10 CSR 10-6.020, Definitions, effective August 
25, 1988.
    (68) Revised regulations applicable to air quality models were 
submitted by the Missouri Department of Natural Resources on October 18, 
1988.
    (i) Incorporation by reference.
    (A) Revision of rule 10 CSR 10-6.060 ``Permits Required,'' effective 
on September 29, 1988.
    (69) A plan revision to change the construction permit fees was 
submitted by the Department of Natural Resources on January 24, 1989, 
and September 27, 1989.
    (i) Incorporation by reference.
    (A) Revision to 10 CSR 10-6.060, Permits Required, amended December 
19, 1988, effective January 1, 1989.
    (ii) Additional material.
    (A) Chapter 643 RSMo (House Bill Number 1187) passed by the General 
Assembly of the state of Missouri in 1988.
    (70) The Missouri Department of Natural Resources submitted 
amendments to Rule 10 CSR 10-2.230 on December 18, 1987, and December 
19, 1988. The rule controls volatile organic compound emissions from 
industrial surface coating facilities in the Kansas City area.

[[Page 195]]

    (i) Incorporation by reference. (A) Revision to Rule 10 CSR 10-
2.230, Control of Emissions from Industrial Surface Coating Operations, 
effective December 24, 1987, with amendments effective November 24, 
1988.
    (71) Revisions to regulations for controlling volatile organic 
compound emissions in the St. Louis area were submitted by the Missouri 
Department of Natural Resources on June 14, 1985; November 19, 1986; and 
March 30, 1989.
    (i) Incorporation by reference. (A) New Rule 10 CSR 10-5.410, 
Control of Emissions from the Manufacture of Polystyrene Resin, 
effective May 11, 1985, with amendments effective September 26, 1986, 
and March 11, 1989.
    (B) Revisions to Rules 10 CSR 10-5.220, Control of Petroleum Liquid 
Storage, Loading and Transfer; 10 CSR 10-5.300, Control of Emissions 
from Solvent Metal Cleaning; 10 CSR 10-5.310, Liquefied Cutback Asphalt 
Paving Restricted; 10 CSR 10-5.320, Control of Emissions from 
Perchloroethylene Dry Cleaning Installations; 10 CSR 10-5.340, Control 
of Emissions from Rotogravure and Flexographic Printing Facilities; 10 
CSR 10-5.350, Control of Emissions of Synthesized Pharmaceutical 
Products; 10 CSR 10-5.360, Control of Emissions from Polyethylene Bag 
Sealing Operations; 10 CSR 10-5.370, Control of Emissions from the 
Application of Deadeners and Adhesives; 10 CSR 10-5.390, Control of 
Emissions from the Manufacturing of Paints, Varnishes, Lacquers, 
Enamels, and Other Allied Surface Coating Products; 10 CSR 10-5.420, 
Control of Equipment Leaks from Synthetic Organic Chemical and Polymer 
Manufacturing Plants; and 10 CSR 6.020, Definitions; effective March 11, 
1989.
    (C) Rescinded Rule 10 CSR 10-5.400, Control of Emissions from 
Production of Maleic Anhydride, effective March 11, 1989.
    (72) The Missouri Department of Natural Resources submitted new rule 
10 CSR 10-5.330, Control of Emissions from Industrial Surface Coating 
Operations, and amendments to rule 10 CSR 10-6.020, Definitions, on 
January 11, 1990.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-5.330, Control of Emissions from Industrial 
Surface Coating Operations, effective November 26, 1989.
    (B) Rescinded rule 10 CSR 10-5.330, Control of Emissions from 
Industrial Surface Coating Operations, effective November 26, 1989.
    (C) Revisions to rule 10 CSR 10-6.020, Definitions, effective 
November 26, 1989.
    (73) A rule revision to establish gasoline tank truck certification 
requirements in ozone nonattainment areas was submitted by the 
Department of Natural Resources on July 17, 1990.
    (i) Incorporation by reference.
    (A) Revision to rule 10 CSR 10-2.260 and 10 CSR 10-5.220 both titled 
``Control of Petroleum Liquid Storage, Loading, and Transfer'' effective 
May 24, 1990.
    (74) Revisions to the circumvention plan submitted by the Missouri 
Department of Natural Resources on September 6, 1990.
    (i) Incorporation by reference.
    (A) Rule at 10 CSR 10-6.150, Circumvention, effective November 30, 
1990.
    (B) Rescission of rules 10 CSR 10-2.140, Circumvention; CSR 10-
4.130, Circumvention; and 10 CSR 10-5.230, Circumvention, effective 
September 28, 1990.
    (75) Plan revisions were submitted by the Missouri Department of 
Natural Resources on September 25, 1990, which implement EPA's October 
17, 1988, PSD NOX requirements.
    (i) Incorporation by reference
    (A) Revisions to rules 10 CSR 10-6.020 ``Definitions'' and 10 CSR 
10-6.060 ``Permits Required'' were adopted by the Missouri Air 
Conservation Commission on May 14, 1990, and became effective May 24, 
1990.
    (ii) Additional Information
    (A) Letter from the state dated November 30, 1990, pertaining to 
NOX rules and analysis which certifies that the material was 
adopted by the state on May 24, 1990.
    (76) In submittals dated September 6, 1990, and May 8, 1991, the 
Missouri Department of Natural Resources submitted a lead NAAQS 
attainment plan for the Doe Run Herculaneum primary lead smelter. 
Although Missouri rule 10 CSR 10-6.120 contains requirments which apply 
statewide to primary lead smelting operations, EPA takes action

[[Page 196]]

on this rule only insofar as it pertains to the Doe Run Herculaneum 
facility. Plan revisions to address the other lead smelters in the state 
are under development.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.120, Restriction of Emissions of Lead from 
Primary Lead Smelter-Refinery Installations, effective December 29, 
1988, with amendments effective March 14, 1991.
    (B) Consent order, entered into between the Doe Run Company and the 
Missouri Department of Natural Resources, dated March 9, 1990.
    (C) Supplemental consent order, signed by the Doe Run Company on 
July 26, 1990, and by the Missouri Department of Natural Resources on 
August 17, 1990.
    (ii) Additional material.
    (A) Narrative SIP material, submitted on September 9, 1990. This 
submittal includes the emissions inventory and attainment demonstration.
    (B) The Doe Run Herculaneum Work Practice Manual was submitted on 
May 8, 1991. In the May 8, 1991, submittal letter, the state agreed that 
any subsequent changes to the work practice manual would be submitted to 
EPA as SIP revisions.
    (77) Revisions to the state implementation plan for the Kansas City 
metropolitan area were submitted by the Director of the Missouri 
Department of Natural Resources on October 9, 1991. Revisions include a 
maintenance plan which demonstrates continued attainment of the NAAQS 
for ozone through the year 2002. Rule revisions were also submitted on 
October 9, 1991.
    (i) Incorporation by reference.
    (A) Revised regulations 10 CSR 10-6.020, Definitions, and 10 CSR 10-
2.220, Liquefied Cutback Asphalt Paving Restricted, effective August 30, 
1991; and new regulation 10 CSR 10-2.340, Control of Emissions from 
Lithographic Printing Facilities, effective December 9, 1991.
    (ii) Additional material.
    (A) State of Missouri Implementation Plan, Kansas City Metropolitan 
Area Maintenance Provisions, October 1991.
    (78) The Missouri Department of Natural Resources submitted new rule 
10 CSR 10-6.180, Measurement of Emissions of Air Contaminants, on March 
4, 1991.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.180 entitled ``Measurement of Emissions of 
Air Contaminants'' published November 19, 1990, effective December 31, 
1990.
    (79) The Missouri Department of Natural Resources submitted an 
amendment on March 19, 1992, to add sampling methods to rule 10 CSR 10-
6.030 ``Sampling Methods for Air Pollution Sources.'' On November 20, 
1991, Missouri submitted administrative amendments to rule 10 CSR 10-
6.030 which renumber and reorganize sections within that rule. Rules 
which reference the renumbered sections of 10 CSR 10-6.030 were also 
administratively amended and submitted.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 ``Sampling Methods for Air 
Pollution Sources'' effective September 30, 1991.
    (B) Administrative amendments to the sampling citations in the 
following rules which are affected by the administrative amendments to 
10 CSR 10-6.030: 10 CSR 10-2.210, effective December 12, 1987; 10 CSR 
10-2.230, effective November 24, 1988; 10 CSR 10-2.260, effective May 
24, 1990; 10 CSR 10-2.280, effective May 13, 1982; 10 CSR 10-2.290, 
effective December 24, 1987; 10 CSR 10-2.300, effective December 12, 
1987; 10 CSR 10-2.310, effective November 23, 1987; 10 CSR 10-2.320, 
effective November 23, 1987; 10 CSR 10-3.160, effective December 11, 
1987; 10 CSR 10-5.220, effective May 24, 1990; 10 CSR 10-5.300, 
effective March 11, 1989; 10 CSR 10-5.320, effective March 11, 1989; 10 
CSR 10-5.330, effective November 26, 1989; 10 CSR 10-5.350, effective 
March 11, 1989; 10 CSR 10-5.360, effective March 11, 1989; 10 CSR 10-
5.370, effective March 11, 1989; 10 CSR 10-5.390, effective March 11, 
1989; 10 CSR 10-5.410, effective March 11, 1989; 10 CSR 10-6.090, 
effective August 13, 1981; and 10 CSR 10-6.120, effective March 14, 
1991.
    (80) On June 28, 1991, the Missouri Department of Natural Resources 
(MDNR) submitted revisions to the Missouri State Implementation Plan 
which pertain to the St. Louis vehicle inspection and maintenance 
program.

[[Page 197]]

The Missouri rules contain requirements which apply to both safety and 
emission testing; EPA takes action on these rules only insofar as they 
pertain to emissions testing.
    (i) Incorporation by reference.
    (A) New rules 11 CSR 50-2.401, General Specifications; 11 CSR 50-
2.402, Missouri Analyzer System (MAS) Software Functions; 11 CSR 50-
2.403, MAS Display and Program Requirements; 11 CSR 50-2.405, Vehicle 
Inspection Certificate, Vehicle Inspection Report and Printer Function 
Specifications; 11 CSR 50-2.406, Technical Specifications for the MAS; 
and 11 CSR 50-2.407 Documentation, Logistics and Warranty Requirements; 
(appendix A, B, C), effective June 28, 1990.
    (B) New rule 11 CSR 50-2.404, Test Record Specifications, effective 
September 28, 1990.
    (C) Amended rules 11 CSR 50-2.370 Inspection Station Licensing; 11 
CSR 50-2.410, Vehicles Failing Reinspection; and 11 CSR 50-2.420 
Procedures for Conducting Only Emission Tests; effective December 31, 
1990.
    (D) Rescinded rule 11 CSR 50-2,400, Emission Test Procedures; 
effective December 31, 1990.
    (81) The Missouri Department of Natural Resources submitted a rule 
action rescinding rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10-5.200, 
Measurement of Emissions of Air Contaminants for the Kansas City 
Metropolitan Area, Springfield-Greene County Area, and the St. Louis 
Metropolitan Area, respectively, on July 9, 1992.
    (i) Incorporation by reference.
    (A) Rescission of rules 10 CSR 10-2.120, 10 CSR 10-4.110, and 10 CSR 
10-5.200 entitled ``Measurement of Emissions of Air Contaminants'' 
rescinded April 9, 1992.
    (82) Revisions to the Missouri State Implementation Plan 
establishing a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program were submitted by the 
Director of the Missouri Department of Natural Resources on March 10, 
1993.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Program dated November 1992 and adopted February 18, 1993.
    (83) A revision to the Missouri State Implementation Plan (SIP) to 
incorporate the lead nonattainment areas into the existing new source 
review (NSR) program was submitted by the state on March 15, 1993. This 
revision changes the applicability requirements by changing the 
definition of nonattainment area in the state regulations to include 
lead nonattainment areas, and to delete the Kansas City area as a 
nonattainment area in light of its attainment of the ozone standard.
    (i) Incorporation by reference.
    (A) Revision to rule 10 C.S.R. 10-6.020, definitions, effective 
February 26, 1993.
    (84) The Missouri Department of Natural Resources submitted rule 
revisions pertaining to rotogravure and flexographic printing facilities 
in Kansas City, Missouri, and St. Louis, Missouri; and an amendment to 
the sampling methods rule which adds a compliance test method for the 
capture efficiency of air pollution control devices. These amendments 
were submitted September 16 and September 23, 1992.
    (i) Incorporation by reference.
    (A) Revised regulations 10 CSR 10-2.290 (except section (6), 
Compliance Dates) and 10 CSR 10-5.340 (except section (6), Compliance 
Dates), both entitled Control of Emissions from Rotogravure and 
Flexographic Printing Facilities, effective February 6, 1992.
    (B) Revised regulation 10 CSR 10-6.030 (section (20)), effective 
April 9, 1992.
    (85) [Reserved]
    (86) A revision to the Missouri SIP to revise the Missouri Part D 
new source review rules, update and add numerous definitions, revise the 
maximum allowable increase for particulate matter under the requirements 
for prevention of significant deterioration, address emission statements 
under Title I of the CAA, and generally enhance the SIP.
    (i) Incorporation by reference.
    (A) Revision to rules 10 CSR 10-6.020, Definitions and Common 
Reference Tables, effective August 30, 1995; 10 CSR 10-6.060, 
Construction Permits Required, effective August 30, 1995; 10 CSR 10-
6.110, Submission of Emission Data, Emission Fees, and Process 
Information, except section 5, effective May 9,

[[Page 198]]

1994; and 10 CSR 10-6.210, Confidential Information, effective May 9, 
1994.
    (87) In submittals dated July 2, 1993; June 30, 1994; and November 
23, 1994, MDNR submitted an SIP to satisfy Federal requirements for an 
approvable nonattainment area lead SIP for the Doe Run primary smelter 
in Herculaneum, Missouri. Although Missouri rule 10 CSR 10-6.120 
contains requirements which apply statewide to primary lead smelting 
operations, EPA takes action on this rule only insofar as it pertains to 
the Doe Run Herculaneum facility. Plan revisions to address the other 
lead smelters in the state are under development.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.120 (section (1), section (2)(B), 
section (3)) entitled Restriction of Emissions of Lead From Primary Lead 
Smelter-Refinery Installations, effective August 28, 1994.
    (B) Consent Order, entered into between the Doe Run Company and 
MDNR, dated July 2, 1993.
    (C) Consent Order amendment, signed by the Doe Run Company on March 
31, 1994, and by MDNR on April 28, 1994.
    (D) Consent Order amendment, signed by the Doe Run Company on 
September 6, 1994, and by MDNR on November 23, 1994.
    (ii) Additional material.
    (A) Revisions to the Doe Run Herculaneum Work Practice Manual 
submitted on July 2, 1993.
    (B) Revisions to the Doe Run Herculaneum Work Practice Manual 
submitted on June 30, 1994.
    (88) This revision submitted by the Missouri Department of Natural 
Resources on March 31, 1994, relates to intermediate sources, and the 
EPA is not approving the basic operating permit program. This revision 
establishes a mechanism for creating federally enforceable limitations. 
Emission limitations and related provisions which are established in 
Missouri operating permits as federally enforceable conditions shall be 
enforceable by EPA. EPA reserves the right to deem permit conditions not 
federally enforceable. Such a determination will be made according to 
appropriate procedures and be based upon the permit, permit approval 
procedures, or permit requirements which do not conform with the 
operating permit program requirements or the requirements of EPA's 
underlying regulations.
    (i) Incorporation by reference.
    (A) 10 C.S.R. 10-6.065 (sections 1, 2, 3, 4(C)-(P), 5, and 7) 
Operating Permits, effective May 9, 1994.
    (ii) Additional material.
    (A) Letter from Missouri to EPA Region VII dated November 7, 1994, 
regarding how Missouri intends to satisfy the requirements set forth in 
the Clean Air Act Amendments at sections 112(l)(5)(A), (B), and (C).
    (B) Two letters from Missouri to EPA Region VII dated October 3, 
1994, and February 10, 1995, supplementing the November 7, 1994, letter 
and clarifying that Missouri does have adequate authority to limit 
potential-to-emit of hazardous air pollutants through the state 
operating permit program.
    (89) In submittals dated July 2, 1993; June 30, 1994; and November 
23, 1994, the Missouri Department of Natural Resources (MDNR) submitted 
a State Implementation Plan (SIP) to satisfy Federal requirements for an 
approvable nonattainment area lead SIP for the Doe Run primary and 
secondary smelter near Bixby, Missouri (Doe Run-Buick). Although 
Missouri rule 10 CSR 10-6.120 contains requirements which apply 
statewide to primary lead smelting operations, EPA takes action on this 
rule insofar as it pertains to the Doe Run-Buick facility. Plan 
revisions to address the other lead smelters in the state are under 
development.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.120 (section (2)(C), section (4)) 
entitled Restriction of Emissions of Lead from Primary Smelter-Refinery 
Installations, effective August 28, 1994.
    (B) Consent Order, entered into between the Doe Run Company and 
MDNR, dated July 2, 1993.
    (C) Consent Order amendment, signed by the Doe Run Company on August 
30, 1994, and by MDNR on November 23, 1994.
    (ii) Additional material.
    (A) The Doe Run-Buick Work Practice Manual submitted on July 2, 
1993. EPA approves the Work Practice manual with the understanding that 
any

[[Page 199]]

subsequent changes to the Work Practice Manual will be submitted as SIP 
revisions.
    (B) Revisions to the Doe Run-Buick Work Practice Manual submitted on 
June 30, 1994.
    (90)-(91) [Reserved]
    (92) On February 14, 1995, the Missouri Department of Natural 
Resources submitted two new rules which pertain to transportation 
conformity in Kansas City and St. Louis.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-2.390 (except section (20) Criteria and 
Procedures: Interim Period Reductions in Ozone Areas (TIP)) and 10 CSR 
10-5.480 (except section (22) Criteria and Procedures: Interim Period 
Reductions in Ozone Areas (TIP)), both entitled Conformity to State 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded, or Approved Under Title 23 U.S.C. or the Federal 
Transit Act, effective May 28, 1995.
    (ii) Additional material.
    (A) Missouri's Air Pollution Control Plan, St. Louis Metropolitan 
Area Ozone and Carbon Monoxide Transportation Conformity, January 12, 
1995.
    (B) Missouri's Air Pollution Control Plan, Kansas City Metropolitan 
Area Ozone Transportation Conformity, January 12, 1995.
    (C) Policy agreement, entered into between the Missouri Department 
of Natural Resources, the Mid-America Regional Council, and the Highway 
and Transportation Commission of the state of Missouri, dated August 31, 
1993.
    (D) Letter from the state of Missouri to EPA, dated December 7, 
1995, in which the state commits to implementing its state rule 
consistent with the Federal Transportation Conformity rule, as amended 
on August 29, 1995, with regards to the granting of an NOX 
waiver and the NOX conformity requirements.
    (93) On February 14, 1995, the Missouri Department of Natural 
Resources (MDNR) submitted a new rule which pertains to general 
conformity.
    (i) Incorporation by reference.
    (A) New rule 10 CSR 10-6.300, entitled Conformity of General Federal 
Actions to State Implementation Plans, effective May 28, 1995.
    (94) On April 12, 1995, the Missouri Department of Natural Resources 
submitted an emissions inventory update to the Kansas City maintenance 
plan approved by EPA on June 23, 1992. The submittal also establishes a 
motor vehicle emissions budget for the purpose of fulfilling the 
requirements of the Federal Transportation Conformity rule.
    (i) Incorporation by reference.
    (A) Kansas City Ozone Maintenance SIP Revisions: Emission 
Inventories and Motor Vehicle Emissions Budgets, adopted by the Missouri 
Air Conservation Commission on March 30, 1995.
    (95) Plan revisions were submitted by the Missouri Department of 
Natural Resources on August 14, 1996, which reduce lead emissions from 
the Asarco primary lead smelter located within the lead nonattainment 
area defined by the boundaries of the Liberty and Arcadia Townships 
located in Iron County, Missouri.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-6.120, Restriction of Emissions of Lead From 
Primary Lead Smelter--Refinery Installations, except subsection 2(B) and 
2(C), and section 4, effective June 30, 1996.
    (B) Consent Decree Case Number CV596-98CC, STATE OF MISSOURI ex. 
rel. Jeremiah W. (Jay) Nixon and the Missouri Department of Natural 
Resources v. ASARCO, INC., Missouri Lead Division, effective July 30, 
1996, with Exhibits A, C, D, E, F, and G.
    (ii) Additional material.
    (A) Narrative SIP material submitted on August 14, 1996. This 
submittal includes the emissions inventory and the attainment 
demonstration.
    (96) Revisions to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on March 13, 1996, and August 6, 1996, 
pertaining to its intermediate operating permit program. The EPA is not 
approving provisions of the rules which pertain to the basic operating 
permit program.
    (i) Incorporation by reference.
    (A) Regulations 10 C.S.R. 10-6.020, Definitions and Common Reference 
Tables, effective June 30, 1996; and 10 C.S.R. 10-6.065, Operating 
Permits, effective June 30, 1996, except sections (4)(A), (4)(B), and 
(4)(H).

[[Page 200]]

    (97) On November 20, 1996, the Missouri Department of Natural 
Resources (MDNR) submitted a revised rule which pertains to general 
conformity.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-6.300, entitled Conformity of General Federal 
Actions to State Implementation Plans, effective September 30, 1996.
    (98) Revision to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on July 14, 1997.
    (i) Incorporation by reference.
    (A) Missouri Emergency Rule, 10 CSR 10-2.330, Control of Gasoline 
Reid Vapor Pressure, effective May 1, 1997, and expires October 27, 
1997.
    (99) Revisions to the ozone attainment plan were submitted by the 
Governor on February 1, 1996.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-2.260, ``Control of Petroleum Liquid 
Storage, Loading, and Transfer,'' effective December 30, 1995.
    (B) Missouri Rule 10 CSR 10-5.220, ``Control of Petroleum Liquid 
Storage, Loading, and Transfer,'' effective December 30, 1995.
    (100) A revision to the Missouri SIP was submitted by the Missouri 
Department of Natural Resources on February 1, 1996, pertaining to 
Emission Data, Emission Fees, and Process Information.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-6.110, ``Emission Data, Emission Fees, 
and Process Information,'' effective December 30, 1995.
    (101) On January 10, 1997, and February 2, 1997, the Missouri 
Department of Natural Resources submitted revised rules pertaining to 
transportation conformity.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-2.390, entitled Conformity to State 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal 
Transit Act, effective December 30, 1996.
    (B) Regulation 10 CSR 10-5.480, entitled Conformity to State 
Implementation Plans of Transportation Plans, Programs, and Projects 
Developed, Funded or Approved Under Title 23 U.S.C. or the Federal 
Transit Act, effective December 30, 1996.
    (102) Revised regulations for the control of fugitive particulate 
matter emissions were submitted by the Missouri Department of Natural 
Resources (MDNR) on September 25, 1990, and on November 20, 1996.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-6.170, entitled Restriction of Particulate 
Matter Beyond the Premises of Origin, effective November 30, 1990, as 
amended October 30, 1996.
    (B) Rescission of regulation 10 CSR 10-2.050, entitled Preventing 
Particulate Matter From Becoming Airborne, effective September 28, 1990.
    (C) Rescission of regulation 10 CSR 10-3.070, entitled Restriction 
of Particulate Matter From Becoming Airborne, effective September 28, 
1990.
    (D) Rescission of regulation 10 CSR 10-4.050, entitled Preventing 
Particulate Matter From Becoming Airborne, effective September 28, 1990.
    (E) Rescission of regulation 10 CSR 10-5.100, entitled Preventing 
Particulate Matter From Becoming Airborne, effective on September 28, 
1990.
    (ii) Additional material.
    (A) Letter from Missouri submitted on February 24, 1997, pertaining 
to the submission of supplemental documentation.
    (103) Revisions to the Missouri plan were submitted by the Governor 
on March 20, 1997.
    (i) Incorporation by reference.
    (A) St. Louis City Ordinance 59270, Section 4--Definitions, numbers 
80. ``Open Burning,'' 100. ``Refuse,'' 108. ``Salvage Operation,'' and 
126. ``Trade Waste'' only; and Section 12, effective October 23, 1984.
    (B) St. Louis City Permit No. 96-10-084, issued to Washington 
University School of Medicine Medical Waste Incinerator, 500 S. Euclid 
Avenue, effective February 20, 1997.
    (C) St. Louis City Permit No. 96-10-083, issued to Washington 
University School of Medicine Pathological Incinerator, 4566 Scott 
Avenue, effective February 20, 1997.
    (D) St. Louis City Operating Permit, issued to St. Louis University 
Medical Center Medical Waste Incinerator, 3628

[[Page 201]]

Rutger Avenue, effective August 3, 1992.
    (E) Kansas City Air Quality Control Code C.S. No. 56726, Chapter 8, 
Sections: 8-2, definitions for ``Open burning,'' ``Refuse,'' ``Salvage 
operation,'' and ``Trade waste''; and 8-4, only, effective August 2, 
1984.
    (F) Remove St. Louis City Ordinance 50163, effective June 11, 1968.
    (G) Remove St. Louis City Ordinance 54699, effective March 27, 1967.
    (H) Remove St. Louis County Air Pollution Control Code SLCRO, Title 
VI, Chapter 612, effective February 22, 1967.
    (I) Remove Kansas City Air Pollution Control Code C.S. No. 36539, 
Chapter 18, except sections: 18.83--Definitions, subsections (13) 
``Incinerators'' and (15) ``Multiple Chamber Incinerators''; and 18.91--
Incinerators, effective August 31, 1972.
    (J) Remove City of Springfield Air Pollution Control Standard G.O. 
No. 1890, Chapter 2A, except sections: 2A-2--Definitions, the 
definitions for ``Director of Health,'' ``Existing Equipment,'' 
``Incinerator,'' ``Multiple-chamber incinerator,'' ``New equipment,'' 
``Open burning,'' ``Particulate matter,'' ``Refuse,'' and ``Trade 
waste''; 2A-25; 2A-34; 2A-35; 2A-36; 2A-37; 2A-38; 2A-51; 2A-55; and 2A-
56, effective October 12, 1969.
    (104) [Reserved]
    (105) Revision to the Missouri SIP submitted by the Missouri 
Department of Natural Resources on November 13, 1997.
    (i) Incorporation by reference.
    (A) Missouri Rule, 10 CSR 10-2.330, Control of Gasoline Reid Vapor 
Pressure, effective October 30, 1997.
    (106) On December 17, 1996, the Missouri Department of Natural 
Resources submitted a revised rule pertaining to capture efficiency.
    (i) Incorporation by reference.
    (A) Revised regulation 10 CSR 10-6.030 entitled, ``Sampling Methods 
for Air Pollution Sources,'' effective November 30, 1996.
    (107) New regulation for control of volatile organic emissions from 
Kansas City commercial bakeries submitted by the Missouri Department of 
Natural Resources March 13, 1996.
    (i) Incorporation by reference.
    (A) Rule 10 CSR 10-2.360 entitled ``Control of Emissions from Bakery 
Ovens,'' effective December 30, 1995.
    (108) On August 12, 1997, the Missouri Department of Natural 
Resources (MDNR) submitted a new rule which consolidated the 
SO2 rules into one and rescinded eight existing rules dealing 
with sulfur compounds.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-6.260, Restriction of Emission of Sulfur 
Compounds, except Section (4), Restriction of Concentration of Sulfur 
Compounds in the Ambient Air, and Section (3), Restriction of 
Concentration of Sulfur Compounds in Emissions, effective on August 30, 
1996.
    (B) Rescission of rules 10 CSR 10-2.160, Restriction of Emission of 
Sulfur Compounds; 10 CSR 10-2.200, Restriction of Emission of Sulfur 
Compounds From Indirect Heating Sources; 10 CSR 10-3.100, Restriction of 
Emission of Sulfur Compounds; 10 CSR 10-3.150, Restriction of Emission 
of Sulfur Compounds From Indirect Heating Sources; 10 CSR 10-4.150, 
Restriction of Emissions of Sulfur Compounds; 10 CSR 10-4.190, 
Restriction of Emission of Sulfur Compounds From Indirect Heating 
Sources; 10 CSR 10-5.110, Restrictions of Emission of Sulfur Dioxide for 
Use of Fuel; and 10 CSR 10-5.150, Emission of Certain Sulfur Compounds 
Restricted; effective July 30, 1997.
    (109) This State Implementation Plan (SIP) revision submitted by the 
state of Missouri on July 10, 1996, broadens the current rule exceptions 
to include smoke-generating devices. This revision would allow smoke 
generators to be used for military and other types of training when 
operated under applicable requirements.
    (i) Incorporation by reference.
    (A) Regulation 10 CSR 10-3.080, ``Restriction of Emission of Visible 
Air Contaminants,'' effective on May 30, 1996.
    (110) On May 28, 1998, the Missouri Department of Natural Resources 
submitted revisions to the construction permits rule.
    (i) Incorporation by reference.
    (A) Missouri Rule 10 CSR 10-6.060, ``Construction Permits 
Required,'' except Section (9), effective April 30, 1998.

[[Page 202]]

    (111) A revision submitted by the Governor's designee on July 30, 
1998, that reduces air emissions from batch-type charcoal kilns 
throughout the state of Missouri.
    (i) Incorporation by reference:
    (A) New Missouri rule 10 CSR 10-6.330, Restriction of Emissions from 
Batch-Type Charcoal Kilns, effective July 30, 1998.
    (112) Revisions submitted on November 13, 1998, and December 7, 
1998, by the MDNR that modify Missouri's Out-state Open Burning Rule and 
add sampling methods to Missouri's Sampling Method Rule, respectively.
    (i) Incorporation by reference:
    (A) Revisions to Missouri rule 10 CSR 10-3.030 entitled ``Open 
Burning Restrictions,'' effective August 30, 1998.
    (B) Revisions to Missouri rule 10 CSR 10-6.030 entitled ``Sampling 
Methods for Air Pollution Sources,'' effective November 30, 1998.

[37 FR 10875, May 31, 1972. Redesignated and amended at 64 FR 34719, 
June 29, 1999]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1322, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1323  Approval status.

    (a) With the exceptions set forth in this subpart, the Administrator 
approves Missouri's plans for the attainment and maintenance of the 
national standards. Continued satisfaction of the requirements of Part D 
for the ozone portion of the SIP depends on the adoption and submittal 
of RACT requirements by July 1, 1980, for the sources covered by CTGs 
issued between January 1978 and January 1979 and adoption and submittal 
by each successive January of Additional RACT requirements for sources 
covered by CTGs issued the previous January. New source review permits 
issued pursuant to section 173 of the Clean Air Act will not be deemed 
valid by EPA unless the provisions of Section V of the emission offset 
interpretive rule published on January 16, 1979 (44 FR 3274) are met.
    (b) The Administrator approves Rule 10 CSR 10-2.290 as identified 
under Sec. 52.1320, paragraph (c)(65), with the understanding that any 
alternative compliance plans issued under this rule must be approved by 
EPA as individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP would be the reduction requirements 
stated in the rule.
    (c) The Administrator approves Rule 10 CSR 10-2.230 as identified 
under Sec. 52.1320, paragraph (c)(70), with the understanding that any 
alternative compliance plans issued under this rule must be approved by 
EPA as individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP would be the emission limits stated 
in the rule.
    (d) The Administrator approves Rule 10 CSR 10-5.340 as identified 
under Sec. 52.1320, paragraph (c)(71), with the understanding that any 
alternative compliance plans issued under this rule must be approved as 
individual SIP revisions. In the absence of such approval, the 
enforceable requirements of the SIP would be the reduction requirements 
stated in the rule.
    (e) The Administrator approves Rule 10 CSR 10-5.330 as identified 
under Sec. 52.1320, paragraph (c)(72), under the following terms, to 
which the state of Missouri has agreed: Subsections (5)(B)3 and (7)(B) 
of the rule contain provisions whereby the director of the Missouri Air 
Pollution Control Program has discretion to establish compliance 
determination procedures and equivalent alternative emission limits for 
individual sources. Any such director discretion determinations under 
this rule must be submitted to EPA for approval as individual SIP 
revisions. In the absence of EPA approval, the enforceable requirements 
of the SIP are the applicable emission limit(s) in subsection (4)(B) and 
the compliance determination provisions stated in subsection(5)(B)1 or 
(5)(B)2.
    (f) The Administrator approves Rule 10 CSR 10-6.120 as identified 
under Sec. 52.1320(c)(76), under the following terms, to which the 
state of Missouri has agreed. Subparagraph (2)(B)2.B.(IV) contains a 
provision whereby the Director of the Missouri Department of Natural 
Resources has discretion to approve revisions to the Doe Run Herculaneum 
work practice manual. Any revisions to the work practice manual, 
pursuant to this rule, must be submitted to EPA for approval as an

[[Page 203]]

individual SIP revision. Thus, any existing federally approved work 
practices remain in effect, until such time that subsequent revisions 
are submitted to EPA and approved as SIP revisions.
    (g) The Missouri portion of the Kansas City metropolitan area was 
designated as nonattainment for ozone in 40 CFR part 81. Therefore, the 
Administrator approves continuation of the 7.8 RVP limit as federally 
enforceable in the Kansas City metropolitan area, even after the area is 
redesignated to attainment, because of its nonattainment designation 
effective January 6, 1992. Also, the requirement for 7.8 psi RVP 
volatility is deemed necessary to ensure attainment and maintenance of 
the ozone standard as demonstrated by the emissions inventory 
projections (based on use of 7.8 psi RVP) in Missouri's ozone 
maintenance plan for the Kansas City metropolitan area.
    (h) The state of Missouri commits to revise 10 CSR 6.300 to remove 
language in paragraphs (3)(C)4. and (9)(B) which is more stringent than 
the language in the Federal General Conformity rule. In a letter to Mr. 
Dennis Grams, Regional Administrator, EPA, dated December 7, 1995, Mr. 
David Shorr, Director, MDNR, stated:

    We commit to initiating a change in the wording in the above 
paragraphs [paragraphs (3)(C)4. and (9)(B)] of Missouri rule 10 CSR 10-
6.300, and to submit the change to EPA within one year from the date of 
this letter [December 7, 1995]. We intend that the change will give our 
rule the same stringency as the General Conformity Rule.

    (i) Emission limitations and related provisions which are 
established in Missouri's operation permits as federally enforceable 
conditions shall be enforceable by EPA. EPA reserves the right to deem 
permit conditions not federally enforceable. Such a determination will 
be made according to appropriate procedures, and be based upon the 
permit, permit approval procedures, or permit requirements which do not 
conform with the operating permit program requirements or the 
requirements of EPA's underlying regulations.
    (j) The state of Missouri revised 10 CSR 10-6.300 to remove language 
in paragraphs (3)(C)4 and (9)(B) which made the language more stringent 
than that contained in the Federal general conformity rule. This 
fulfills the requirements of the conditional approval granted effective 
May 10, 1996, as published on March 11, 1996.
    (k) The state of Missouri revised 10 CSR 10-2.390 for Kansas City 
and 10 CSR 10-5.480 for St. Louis to update the transportation 
conformity requirements contained in 40 CFR Part 51, Subpart T, 
effective November 14, 1995.
    (l) The Administrator conditionally approves Missouri emergency rule 
10 CSR 10-2.330 under Sec. 52.1320(c)(98). Full approval is contingent 
on the state submitting the permanent rule, to the EPA, by November 30, 
1997.
    (m) The Administrator approves Missouri rule 10 CSR 10-2.330 under 
Sec. 52.1320(c)(105). This fulfills the requirements of the conditional 
approval granted effective November 10, 1997, as published on October 9, 
1997.

[37 FR 10876, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1323, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1324  [Reserved]



Sec. 52.1325  Legal authority.

    (a) [Reserved]
    (b) The requirements of Sec. 51.232(b) of this chapter are not met 
since the following deficiencies exist in local legal authority.
    (1) St. Louis County Division of Air Pollution Control:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (ii) Authority to make emission data available to the public is 
inadequate because section 612.350, St. Louis County Air Pollution 
Control Code, requires confidential treatment in certain circumstances 
if the data concern secret processes (Sec. 51.230(f) of this chapter).
    (2) St. Louis City Division of Air Pollution Control:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (ii) Authority to require reports on the nature and amounts of 
emissions

[[Page 204]]

from stationary sources is lacking (Sec. 51.230(e) of this chapter).
    (iii) Authority to require installation, maintenance, and use of 
emission monitoring devices is lacking. Authority to make emission data 
available to the public is inadequate because Section 39 of Ordinance 
54699 requires confidential treatment in certain circumstances if the 
data relate to production or sales figures or to processes or production 
unique to the owner or operator or would tend to affect adversely the 
competitive position of the owner or operator (Sec. 51.230(f) of this 
chapter).
    (3) Kansas City Health Department:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (4) Independence Health Department:
    (i) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (ii) Authority to make emission data available to the public is 
lacking since section 11.161 of the code of the city of Independence 
requires confidential treatment in certain circumstances if the data 
relate to secret processes or trade secrets affecting methods or results 
of manufacture (Sec. 51.230(f) of this chapter).
    (5) Springfield Department of Health:
    (i) Authority to abate emissions on an emergency basis is lacking 
(Sec. 51.230(c) of this chapter).
    (ii) Authority to require recordkeeping is lacking (Sec. 51.230(e) 
of this chapter).
    (iii) Authority to make emission data available to the public is 
inadequate because section 2A-42 of the Springfield City Code requires 
confidential treatment of such data in certain circumstances (Sec. 
51.230(f) of this chapter).
    (c) The provisions of Sec. 51.230(d) of this chapter are not met 
since statutory, authority to prevent construction, modification, or 
operation of a facility, building, structure, or installation, or 
combination thereof, which indirectly results or may result in emissions 
of any air pollutant at any location which will prevent the maintenance 
of a national air quality standard is not adequate.

[37 FR 23090, Oct. 28, 1972, as amended at 39 FR 7282, Feb. 25, 1974; 51 
FR 13001, Apr. 17, 1986; 51 FR 40676, Nov. 7, 1986; 52 FR 24367, June 
30, 1987]



Sec. Sec. 52.1326-52.1334  [Reserved]



Sec. 52.1335  Compliance schedules.

    (a) The compliance schedule for the source identified below is 
approved as a revision to the plan pursuant to Sec. 51.104 and subpart 
N of this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

                                                                        Missouri
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Source                       Location           Regulation involved        Adopted date          Effective date     Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot Knob Pelleting Co............  Pilot Knob, MO........  V(10 CSR 10-3.050)....  Oct. 19, 1977........  Immediately..........  Dec. 31, 1982.
Union Electric Labadie power plant.  Labadie, MO...........  10 CSR 10-5.090 and 10  June 20, 1979........  July 20, 1979........  Mar. 1, 1984.
                                                              CSR 10-5.030.
St. Joe Minerals Corp., Pea Ridge    Washington County, MO.  10 CSR 10-3,050.......  Mar. 23, 1983........  Mar. 23, 1983........  Dec. 31, 1988.
 Iron Ore Facility.
St. Joe Minerals Corp., Pea Ridge    ......do..............  ......do..............  Apr. 22, 1981........  Dec. 28, 1981........  July 1, 1985.
 Iron Ore Facility.
Associated Electric Cooperative,     Randolph County, MO...  10 CSR 10-3.060 and 10  June 17, 1981........  Jan. 12, 1982........  June 1, 1984.
 Inc., Thomas Hill Power Plant--                              CSR 10-3.080.
 Unit 1.
American Oil Co. (AMOCO)...........  Sugar Creek, MO.......  10 CSR 10-2.260.......  Feb. 18, 1981........  Oct. 1, 1981.........  June 1, 1982.
St. Joe Lead Co....................  Herculaneum, MO.......  Sec. 203.050.1(5)     Aug. 15, 1980........  Immediately..........  Oct. 27, 1984.
                                                              RSM01978.
AMAX Lead Co.......................  Boss, MO..............  ......do..............  ......do.............  ......do.............  Apr. 27, 1985.
 
 
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 205]]

    (b) The compliance schedule submitted for the source identified 
below is disapproved as not meeting the requirements of subpart N of 
this chapter. All regulations cited are air pollution control 
regulations of the State, unless otherwise noted.

----------------------------------------------------------------------------------------------------------------
                Source                          Location           Regulation involved         Date adopted
----------------------------------------------------------------------------------------------------------------
Columbia Water & Light Department.....  Columbia...............  S-VI...................  Apr. 25, 1973.
Union Electric: Electric generating     Labadie................  X......................  Mar. 28, 1974.
 facility.
 Do...................................  Portage des Sioux......  X......................  July 25, 1974.
International Multifoods Corp.:         North Kansas City......  (\1\)..................  Aug. 31, 1976.
 Mechanical sifters.
Meremac Mining Co., furnace and cooler  Pea Ridge..............  II (10 CSR 10-3.050)...  Feb. 23, 1977.
 Nos. 1 through 5.
Empire District Electric Co., Power     Asbury Joplin..........  III (10 CSR 10-3.060) V  Apr. 27, 1977.
 Plant.                                                           (10 CSR 10-3.080).
Missouri Portland Cement Co., clinker   Sugar Creek............  II (10 CSR 10-2.030) V   June 22, 1977.
 cooler No. 1.                                                    (10 CSR 10-2.060).
Missouri Public Service Co., Sibley     Sibley.................  III (10 CSR 10-2.040)..  June 26, 1977.
 powerplant, unit Nos. 1, 2, and 3.
Tamko Asphalt Products, Inc., asphalt   Joplin.................  V (10 CSR 10-3.080)....  July 26, 1977.
 saturating line.
University of Missouri power plant....  Columbia...............  10 CSR 10-3.060........  Feb. 21, 1979.
Noranda Aluminum, Inc.................  New Madrid.............  10 CSR 10-3.050........  Feb. 23, 1977.
Associated Electric Cooperative, Inc.,  ......do...............  110 CSR 10-3.060.......  Apr. 18, 1979.
 Units 1 and 2.
----------------------------------------------------------------------------------------------------------------
\1\ Regulation IV, air pollution control regulations for Kansas City metropolitan area.
 
Note: X=Air Pollution Control Regulations for the St. Louis Metropolitan Area.


[39 FR 30835, Aug. 26, 1974]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1335, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. Sec. 52.1336-52.1338  [Reserved]



Sec. 52.1339  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 Missouri.

[52 FR 45138, Nov. 24, 1987]



Sec. 52.1340  Control strategy: Carbon monoxide.

    Approval--A maintenance plan and redesignation request for the St. 
Louis, Missouri, area was submitted by the Director of the Missouri 
Department of Natural Resources on June 13, 1997. Additional information 
was received on June 15, 1998. The maintenance plan and redesignation 
request satisfy all applicable requirements of the Clean Air Act.

[64 FR 3859, Jan. 26, 1999]



                           Subpart BB_Montana



Sec. 52.1370  Identification of plan.

    (a) Title of plan: ``Implementation Plan for Control of Air 
Pollution in Montana.''
    (b) The plan was officially submitted on March 22, 1972.
    (c) The plan revisions listed below were submitted on the dates 
specified.
    (1) Non-regulatory changes to the plan involving compliance 
schedules, emergency episodes, and air quality surveillance submitted 
May 10, 1972, by the State Department of Health.
    (2) Plan revisions (Regulation 90-001, Part VI, Part VIII, Part XII) 
submitted June 26, 1972, by the Governor.

[[Page 206]]

    (3) The Governor submitted the Air Quality Maintenance Area 
identification to the Administrator on June 24, 1974.
    (4) The Governor submitted revision to the Air Quality Maintenance 
Areas on January 25, 1975.
    (5) Sulfur oxides control strategy and compliance schedule for the 
American Smelting and Refining Company submitted May 21, 1975, by the 
Governor.
    (6) Sulfur oxides control strategy for the Billings and Laurel areas 
and schedule of Compliance for the Farmers Union Central Exchange 
(CENEX) refinery in Laurel submitted by the Governor on January 26, 
1978.
    (7) On May 5, September 4, and October 1, 1975, the Governor 
submitted revisions which amended regulations applicable to 
incinerators, industrial processes, storage of petroleum products, 
aluminum refineries, and malfunctions.
    (8) On April 24, and October 4, 1979, the Governor submitted 
revisions for Anaconda, East Helena, and Laurel--SO2; 
Billings, Butte, Columbia Falls, Colstrip, East Helena, Great Falls, and 
Missoula--TSP; Billings and Missoula--CO; and Yellowstone County--ozone. 
No action is taken with regard to the revised new source review 
regulation, the revised stack height regulation, or the control 
strategies for East Helena SO2 and Yellowstone County ozone.
    (9) On February 21, 1980 the Governor submitted a plan revision to 
meet the requirements of Air Quality Monitoring, 40 CFR part 58, subpart 
C, Sec. 58.20.
    (10) On April 24, October 4, 1979, and January 7, 1980, the Governor 
submitted revisions to meet Part D and other sections of the Clean Air 
Act, as amended in l977. No action is taken with regard to the revised 
stack height regulation.
    (11) On April 21, 1982, and April 22, 1982, Montana submitted 
revisions to the open burning regulation and redesignated the Anaconda 
area from nonattainment to attainment for sulfur dioxide 
(SO2).
    (12) On January 19, 1983, Montana submitted revisions to the State 
Implementation Plan to meet the requirements of Part C, Subpart 1, and 
section 110 of the Clean Air Act.
    (13) On July 20, 1982 Montana submitted revisions which amended the 
State's rules relating to malfunctions.
    (14) Revisions to the SIP for Missoula and Billings Carbon Monoxide 
(CO) and Missoula Total Suspended Particulate (TSP) Attainment Plans 
were submitted by the Governor on August 14, 1981. A revision specifying 
a list of statewide source test procedures was submitted by the Governor 
on September 21, 1981.
    (i) Incorporation by reference.
    (A) Letter from Governor Ted Schwinden to EPA Region VIII Regional 
Administrator dated September 21, 1981, and document entitled ``Montana 
SDHED-AQB Sampling and Analytical Procedures'' as part of the SIP, 
adopted December 31, 1972.
    (B) Missoula City Council Resolution Number 4146 approving 
amendments to Missoula Total Suspended Particulate and Carbon Monoxide 
Air Quality Attainment Plans, adopted on May 4, 1981.
    (C) Missoula Board of County Commissioners Resolution number 81-73 
approving changes in the Missoula TSP and CO State Implementation Plan, 
adopted on May 13, 1981.
    (ii) Additional material.
    (A) ``Missoula SIP Revisions; Revision to Total Suspended 
Particulates Stategies and Strategy Development and Implementation for 
Carbon Monoxide,'' 1981.
    (B) Certification of approval by Montana Board of Health and 
Environmental Sciences on May 28, 1981 of the ``Transportation Control 
Plan'' (July, 1980) prepared by Billings-Yellowstone City-County 
Planning Board.
    (C) Billings-Yellowstone City-County Planning Board ``Transportation 
Control Plan'', July, 1980, approved on May 28, 1981.
    (15) On September 29, 1983, the Governor submitted the Montana State 
Implementation Plan revision for lead.
    (16) A revision to the East Helena nonattainment plan for sulfur 
dioxide (SO2) was submitted on June 7, 1982, and supplemental 
information was submitted October 4, 1983.
    (17) On September 21, 1981 the Governor submitted a permit which had

[[Page 207]]

been issued to the Western Energy Company as required in the conditional 
approval of the Colstrip TSP plan.
    (18) In a letter dated March 28, 1986, the Governor submitted 
modifications to the Montana SIP which revised rules governing stack 
height and dispersion techniques. In a letter dated November 25, 1985, 
the Chief of the Air Quality Bureau, Montana, submitted the stack height 
demonstration analysis with supplemental information submitted on 
January 28, 1986. EPA is approving the demonstration analysis for all of 
the stacks except the ASARCO stacks.
    (i) Incorporation by reference. (A) Revisions to the Administrative 
Rules of Montana effective on June 13, 1986. The modifications repeal 
Administrative Rules of Montana (ARM 116.8.1201, 116.8.1202 and 
16.8.1203 in Subchapter 12 and adds ARM 16.8.1204 (Definitions), 
16.8.1205 (Requirements), and 16.8.1206 (Exemptions).
    (B) Stack height demonstration analysis submitted by the State on 
November 25, 1985 (except for materials pertaining to ASARCO), and 
January 28, 1986 (except for meterials pertaining to ASARCO and Appendix 
A).
    (19) On August 21, 1985 and September 5, 1989, the Governor of 
Montana submitted revisions to the plan. The submittal revised existing 
Prevention of Significant Deterioration (PSD) regulations.
    (i) Incorporation by reference. (A) Amendments to the Administrative 
Rules of Montana (ARM) 16.8.921 (27), (Definitions), effective April 1, 
1983.
    (B) Amendments to the Administrative Rules of Montana (ARM) 
16.8.921(2), (Definitions), effective September 13, 1985.
    (C) Amendments to the ARM 16.8.921(21) and (27) (Definitions), ARM 
16.8.936 (Exemptions from Review], ARM 1 6.8.937 (Air Quality Models), 
and ARM 16.8.941 (Class I Variances--General), effective June 16, 1989.
    (ii) Additional material. (A) February 29, 1988 letter from Douglas 
Skie, EPA, to Jeffrey Chaffee, Chief of the Montana Air Quality Bureau.
    (B) September 9, 1988 letter from Jeffrey Chaffee, Chief of the 
Montana Air Quality Bureau, to Douglas Skie, EPA.
    (C) December 14, 1988 letter from Douglas Skie, EPA, to Jeffrey 
Chaffee, Chief of the Montana Air Quality Bureau.
    (D) April 28, 1989 letter from Jeffrey Chaffee, Chief of the Montana 
Air Quality Bureau, to Douglas Skie, EPA.
    (20) A revision to the SIP was submitted by the Governor on August 
21, 1985, for visibility monitoring and new source review.
    (i) Incorporation by reference.
    (A) Revision to the Montana SIP was made on July 19, 1985, for 
visibility new source review and monitoring.
    (B) Revision to the Administrative Rules of Montana (ARM) was made 
on July 19, 1985, for visibility which includes new regulations ARM 
16.8.1001-.1008 and revising ARM 16.8.1107(3).
    (21) Revisions to Montana TSP SIP for Butte were submitted by 
Governor Ted Schwinden on February 10, 1983.
    (i) Incorporation by reference.
    (A) State of Montana Air Quality Control, Implementation Plan, 
Chapter 5C, Butte, adopted January 14, 1983.
    (B) Air quality Permit 1749 for Anaconda Minerals Company 
filed March 28, 1983.
    (22) Revisions to the Montana CO SIP for Great Falls were submitted 
by the Governor on March 28, 1986.
    (i) Incorporation by reference.
    (A) Montana Refining Company permit dated October 20, 1985.
    (B) Stipulation in the matter of the Montana Refining Company dated 
December 2, 1985.
    (ii) Additional material. (A) Montana SIP, chapter 5(3)D. Great 
Falls (Date: March 14, 1986).
    (B) Pre-filed testimony by the Department of Health and 
Environmental Services dated February 28, 1986.
    (23) On March 9, 1988, the Governor submitted a plan revising the 
State's Air Quality Modeling Rule (16.8.937) and its Particulate Matter, 
Fuel Burning Equipment Rule (16.8.1402).
    (i) Incorporation by reference. (A) Modification to the State of 
Montana Air Quality Rules, that is the Air Quality Modeling rule 
(16.8.937) and the Particulate Matter, Fuel Burning Equipment rule 
(16.8.1402) adopted on January 15, 1988.
    (24) On July 13, 1990, the Governor of Montana submitted revisions 
to the

[[Page 208]]

Montana Air Quality Rules, Sub-chapter 9, Prevention of Significant 
Deterioration of Air Quality (PSD) Regulations, to incorporate the 
nitrogen dioxide (NO2) increments.
    (i) Incorporation by reference. (A) Revisions to the Montana Air 
Quality Rules, Subchapter 9, Prevention of Significant Deterioration of 
Air Quality (PSD) effective on July 12, 1990.
    (ii) Additional material. (A) October 22, 1990 letter from Douglas 
Skie, EPA, to Jeffrey Chaffee, Chief, Montana Air Quality Bureau.
    (B) December 4, 1990 letter from Jeffrey Chaffee, Chief, Montana Air 
Quality Bureau, to Douglas Skie, EPA.
    (C) January 4, 1991 letter from Jeffrey Chaffee, Chief, Montana Air 
Quality Bureau, to Douglas Skie, EPA.
    (D) April 30, 1991 letter from Douglas Skie, EPA, to Jeffrey 
Chaffee, Chief, Montana Air Quality Bureau.
    (25) On August 20, 1991, the Governor of Montana submitted revisions 
to the plan for new source performance standards and national emission 
standards for hazardous air pollutants.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana 16.8.1423, 
Standards of Performance of New Stationary Sources, and 16.8.1424, 
Emission Standards for Hazardous Air Pollutants, adopted July 1, 1991, 
effective July 12, 1991.
    (ii) Additional material.
    (A) Letter dated April 20, 1992 from Jeffrey T. Chaffee, Chief of 
the Montana Air Quality Bureau, to Doug Skie, Chief of Air Programs 
Branch, EPA Region VIII.
    (26) On April 2, 1992, the Governor of Montana submitted revisions 
to the plan. The revisions included amendments to the Montana Air 
Quality Rules incorporating the July 1, 1991, version of the Montana 
Quality Assurance Manual and streamlining of the procedure for updating 
the Quality Assurance Manual.
    (i) Incorporation by reference.
    (A) Revisions, as adopted March 31, 1992, to the Montana Air Quality 
Rules: 16.8.807 Ambient Air Monitoring, 16.8.809 Methods and Data, and 
the repeal of 16.8.810 Procedures for Reviewing and Revising the Montana 
Quality Assurance Manual.
    (27) On April 25, 1988, the Governor submitted a plan to help assure 
attainment and maintenance of the PM-10 NAAQS throughout the State of 
Montana.
    (i) Incorporation by reference.
    (A) Amendments to the Administrative Rules of Montana (ARM) 16.8.821 
(Ambient Air Quality Standards), and ARM 16.8.701, ARM 16.8.806, and ARM 
16.8.921 (Definitions), effective April 29, 1988.
    (B) Amendments to the ARM, subchapter 9 (Prevention of Significant 
Deterioration): sections 16.8.924, 16.8.925, and 16.8.936, effective 
April 29, 1988; section 16.8.937, effective March 11, 1988; section 
16.8.930, effective April 1, 1988; and sections 16.8.922, 16.8.923, 
16.8.926, 16.8.927, 16.8.928, 16.8.929, 16.8.931, 16.8.932, 16.8.933, 
16.8.934, 16.8.935, 16.8.938, 16.8.939, 16.8.940, 16.8.941, 16.8.942, 
16.8.943, effective January 1, 1983.
    (C) Amendments to the ARM, subchapter 10 (Visibility Impact 
Assessment): section 16.8.1007, effective April 29, 1988; and sections 
16.8.1001, 16.8.1002, 16.8.1003, 16.8.1004, 16.8.1005, 16.8.1006, and 
16.8.1008, effective March 11, 1988; section 16.8.930, effective 
September 13, 1985.
    (D) Amendments to the ARM, subchapter 12 (Stack Heights and 
Dispersion Techniques), sections 16.8.1204, 16.8.1205, and 16.8.1206, 
effective June 13, 1986.
    (E) Amendments to the ARM, subchapter 13 (Open Burning), sections 
16.8.1301, 16.8.1302, 16.8.1303, 16.8.1304, 16.8.1305, 16.8.1306, 
16.8.1307, and 16.8.1308, effective April 16, 1982.
    (F) Amendments to the ARM, subchapter 14 (Emission Standards): 
section 16.8.1401, effective February 16, 1979; section 16.8.1402, 
effective March 11, 1988; section 16.8.1403, effective September 5, 
1975; section 16.8.1404, effective June 13, 1986; section 16.8.1406, 
effective December 29, 1978; section 16.8.1419, effective December 31, 
1972; section 16.8.1423, effective March 11, 1988; and section 
16.8.1428, effective June 13, 1986.
    (G) Amendments to the ARM, Sub-Chapter 16 (Combustion Device Tax 
Credit), sections 16.8.1601 and 16.8.1602, effective December 27, 1985.

[[Page 209]]

    (H) Appendix G-2, Montana Smoke Management Plan, effective April 15, 
1988.
    (28) On August 20, 1991, the Governor of Montana submitted revisions 
to the plan for visibility models, new source performance standards, and 
national emission standards for hazardous air pollutants.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana 16.8.1004, 
Visibility Models, 16.8.1423, Standards of Performance for New 
Stationary Sources, and 16.8.1424, Emission Standards for Hazardous Air 
Pollutants, effective December 25, 1992.
    (29) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation Plan (SIP) 
for Butte, Montana with a letter dated July 9, 1992, with technical 
corrections dated May 17, 1993. The submittals were made to satisfy 
those moderate PM10 nonattainment area SIP requirements due for Butte on 
November 15, 1991. The Butte PM10 SIP replaces the prior approved Butte 
total suspended particulate (TSP) SIP approved in paragraph (c)(21).
    (i) Incorporation by reference.
    (A) Stipulation signed October 8, 1991 between the Montana 
Department of Health and Environmental Sciences and the Butte-Silver Bow 
Council of Commissioners, which delineates responsibilities and 
authorities between the two entities.
    (B) Board order issued on November 15, 1991 by the Montana Board of 
Health and Environmental Sciences approving the Butte-Silver Bow Air 
Pollution Control Program.
    (C) Stipulation between the Montana Department of Health and 
Environmental Sciences (signed September 27, 1991), the Montana 
Department of Transportation (signed October 4, 1991), and the Butte-
Silver Bow Council of Commissioners (signed October 7, 1991) to ensure 
that Butte-Silver Bow and the Montana Department of Transportation 
comply with Butte-Silver Bow Council Resolution No. 1307.
    (D) Butte/Silver Bow Resolution No. 1307, effective March 6, 1991, 
which addresses sanding and chip sealing standards and street sweeping 
and flushing requirements.
    (E) Butte/Silver Bow Ordinance No. 330, effective August 3, 1988, 
which addresses residential wood burning and idling diesel vehicle and 
locomotive requirements.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit 1636A, with a final modification date of October 
26, 1991, for Rhone-Poulenc's elemental phosphorus plant.
    (B) Montana Department of Health and Environmental Sciences Air 
Quality Permit 1749-04, with a final modification date of March 
20, 1992, for Montana Resources, Inc.'s open pit copper and molybdenum 
mine, crushing and milling operation and concentrator.
    (C) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (D) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (30) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation 
Plan (SIP) for Missoula, Montana, and the Missoula City-County Air 
Pollution Control Program regulations with letters dated August 20, 1991 
and June 4, 1992. The submittals were made to satisfy those moderate 
PM10 nonattainment area SIP requirements due for Missoula on 
November 15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed April 29, 1991, between the Montana 
Department of Health and Environmental Sciences and the Missoula City-
County Air Pollution Control Board, which delineates responsibilities 
and authorities between the two entities.
    (B) Board order issued on June 28, 1991, by the Montana Board of 
Health and Environmental Sciences approving the comprehensive revised 
version of the Missoula City-County Air Pollution Control Program.
    (C) Board order issued on March 20, 1992, by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program

[[Page 210]]

Rule 1401, concerning the use of approved liquid de-icer, and Rule 1428, 
concerning pellet stoves.
    (D) Missoula County Rule 1401 (7), effective June 28, 1991, which 
addresses sanding and chip sealing standards and street sweeping and 
flushing requirements.
    (E) Missoula County Rule 1401 (9), effective March 20, 1992, which 
addresses liquid de-icer requirements.
    (F) Missoula County Rule 1428, effective June 28, 1991, with 
revisions to sections (2)(l)-(p), (4)(a)(i), and (4)(c)(vi) of Rule 
1428, effective March 20, 1992, which addresses requirements for solid 
fuel burning devices.
    (G) Missoula County Rule 1310 (3), effective June 28, 1991, which 
addresses prescribed wildland open burning.
    (H) Other Missoula City-County Air Pollution Control Program 
regulations effective June 28, 1991, as follows: Chapter I. Short Title; 
Chapter II. Declaration of Policy and Purpose; Chapter III. Authorities 
for Program; Chapter IV. Administration; Chapter V. Control Board, 
Meetings-Duties-Powers; Chapter VI. Air Quality Staff; Chapter VII. Air 
Pollution Control Advisory Council; Chapter VIII. Inspections; Chapter 
IX., Subchapter 7 General Provisions; Chapter IX., Subchapter 14, 
Emission Standards, Rules 1401, 1402, 1403, 1404, 1406 (with amendments 
effective March 20, 1992), 1411, 1419, 1425, and 1426; Chapter XI. 
Enforcement, Judicial Review and Hearings; Chapter XII. Criminal 
Penalties; Chapter XIII. Civil Penalties; Chapter XIV. Non-Compliance 
Penalties; Chapter XV. Separability Clause; Chapter XVI. Amendments and 
Revisions; Chapter XVII. Limitations, and Appendix A, Maps.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit 2303-M, with a final modification date of March 
20, 1992, for Louisiana-Pacific Corporation's particle board 
manufacturing facility.
    (B) Montana Department of Health and Environmental Sciences Air 
Quality Permit 2589-M, with a final modification date of 
January 23, 1992, for Stone Container Corporation's pulp and paper mill 
facility.
    (C) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (31) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation 
Plan (SIP) for Columbia Falls, Montana with letters dated November 25, 
1991, and May 6, 1992, with technical corrections dated June 15, 1993. 
The submittals were made to satisfy those moderate PM10 
nonattainment area SIP requirements due for Columbia Falls on November 
15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed November 15, 1991, between the Montana 
Department of Health and Environmental Sciences, the Flathead County 
Commission, and the Kalispell City Council and the Columbia Falls City 
Council, which delineates responsibilities and authorities between the 
MDHES and Flathead County.
    (B) Board order issued on November 15, 1991, by the Montana Board of 
Health and Environmental Sciences approving the Flathead County Air 
Pollution Control Program.
    (C) Flathead County Board of Commissioners Resolution No. 867, 
adopting the Flathead County Air Pollution Control Program and Flathead 
County Air Pollution Control Regulations, with the exception of rules 
501 through 506, signed October 3, 1991.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit  2667-M, with a final modification date of 
January 24, 1992, for Plum Creek Manufacturing, Inc. Columbia Falls 
Operations.
    (B) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (C) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (32) On November 6, 1992, Stan Stephens, the Governor of Montana, 
submitted a SIP revision to the Implementation Plan for the Control of 
Air Pollution. This revision establishes and requires the implementation 
of an oxygenated fuels program in Missoula

[[Page 211]]

County as required by section 211(m) of the Clean Air Act Amendments of 
1990.
    (i) Incorporation by reference.
    (A) Missoula City-County Rule 1429, which establishes and requires 
the implementation of an oxygenated fuel program, as adopted June 9, 
1992.
    (ii) Additional materials.
    (A) Letter dated November 6, 1992, from Governor Stan Stephens 
submitting the oxygenated gasoline program SIP revision.
    (B) Stipulation signed June 12, 1991 between the Montana Department 
of Health and Environmental Sciences and the Missoula City-County Air 
Pollution Control Board, which delineates the responsibilities and 
authorities between the two entities.
    (C) Board order issued September 25, 1992 by the Montana Board of 
Health and Environmental Sciences approving amendments to Missoula City-
County Air Pollution Control Program, adopting Rule 1429 establishing 
and implementing an oxygenated fuels program.
    (33) The Governor of Montana submitted a portion of the requirements 
for the moderate nonattainment area PM10 State Implementation 
Plan (SIP) for Libby, Montana with letters dated November 25, 1991 and 
May 24, 1993, with technical corrections dated June 3, 1994. The 
submittals were to satisfy those moderate PM10 nonattainment 
area SIP requirements due for Libby on November 15, 1991.
    (i) Incorporation by reference.
    (A) Stipulation signed October 7, 1991 between the Montana 
Department of Health and Environmental Sciences (MDHES), the County of 
Lincoln and the City of Libby, which delineates responsibilities and 
authorities between the MDHES, Lincoln County and Libby.
    (B) Board order issued on November 15, 1991 by the Montana Board of 
Health and Environmental Sciences approving the Lincoln County Air 
Pollution Control Program.
    (C) Stipulation signed March 18, 1993 between the Montana Department 
of Health and Environmental Sciences, the County of Lincoln and the City 
of Libby, seeking approval of amendments to the local air pollution 
control program.
    (D) Board order issued on March 19, 1993 by the Montana Board of 
Health and Environmental Sciences approving amendments to the Lincoln 
County Air Pollution Control Program.
    (E) Letter dated February 4, 1993, from Kendra J. Lind, Lincoln 
County Department of Environmental Health, to Gretchen Bennitt, Air 
Quality Bureau, Montana Department of Health and Environmental Sciences, 
which explains the local adoption process and effective date of 
amendments to the Lincoln County Air Quality Control Program 
regulations.
    (F) Lincoln County Board of Commissioners Resolution No. 276, signed 
December, 23, 1992, and Libby City Council Ordinance No. 1470, signed 
February 1, 1993, adopting amendments to the Lincoln County Air Quality 
Control Program regulations 1 through 7.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit 2627-M, with a final modification date of July 
25, 1991, for Stimson Lumber Company (formerly Champion International 
Corporation), Libby Facility.
    (B) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (C) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (34) On October 19, 1992, the Governor of Montana submitted a plan 
for the establishment and implementation of a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program to be 
incorporated into the Montana State Implementation Plan as required by 
section 507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Montana Code Annotated, Sections 75-2-106, 75-2-107, 75-2-108, 
75-2-109 and 75-2-220, to establish and fund a small business stationary 
source technical and environmental compliance assistance program, 
effective April 24, 1993.
    (ii) Additional materials.
    (A) October 19, 1992 letter from the Governor of Montana submitting 
a Small Business Stationary Source

[[Page 212]]

Technical and Environmental Compliance Assistance Program plan to EPA.
    (B) The State of Montana plan for the establishment and 
implementation of a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program, adopted by the Board of 
Health and Environmental Sciences on September 25, 1992, effective 
September 25, 1992.
    (35) The Governor of Montana submitted PM10 and CO 
contingency measures for Missoula, Montana in a letter dated March 2, 
1994. The Governor of Montana also submitted the Missoula City-County 
Air Pollution Control Program in a letter dated August 20, 1991, with 
amendments submitted in letters dated June 4, 1992 and March 2, 1994. 
The March 2, 1994 submittal satisfies several commitments made by the 
State in its original PM10 moderate nonattainment area SIP.
    (i) Incorporation by reference.
    (A) Board order issued on November 19, 1993 by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program Chapter VII, VIII, and IX, 
regarding, among other things, the PM10 and CO contingency 
measures, inspections, emergency procedures, permitting, and wood-waste 
burners.
    (B) Missoula City-County Chapter IX, Subchapter 3, effective 
November 19, 1993, which addresses the PM10 and CO 
contingency measure selection process.
    (C) Missoula City-County Rule 1401(7), effective November 19, 1993, 
which addresses PM10 contingency measure requirements for an 
expanded area of regulated road sanding materials.
    (D) Missoula City-County Rule 1428(5) and 1428(7), effective 
November 19, 1993, which addresses PM10 and CO contingency 
measure requirements for solid fuel burning devices.
    (E) Missoula City-County Air Pollution Control Program Chapter IX, 
Subchapter 13, Open Burning, effective June 28, 1991.
    (F) Other Missoula City-County Air Pollution Control Program 
regulations effective June 28, 1991, with amendments effective on March 
20, 1992 and November 19, 1993, as follows: all portions of Chapter IX, 
Subchapter 11, Permit, Construction and Operation of Air Contaminant 
Sources, except, Rules 1102(3), 1105(2), and 1111(2).
    (G) Other Missoula City-County Air Pollution Control Program 
regulations effective June 28, 1991, with amendments effective on 
November 19, 1993, as follows: Chapter IX, Subchapter 4, Emergency 
Procedures and Chapter IX, Subchapter 14, Rule 1407, Prevention, 
Abatement and Control of Air Pollution from Wood-Waste Burners.
    (H) Minor revisions to Missoula City-County Air Pollution Control 
Program Chapter VII, Air Quality Advisory Council, and Chapter VIII, 
Inspections, effective on November 19, 1993, as follows: Chapter VII(1) 
and Chapter VIII(4).
    (36) The Governor of Montana submitted PM10 contingency 
measures for Butte, Montana in a letter dated August 26, 1994. This 
submittal also contained revisions to the attainment and maintenance 
demonstrations for the moderate PM10 nonattainment area SIP, 
due to modifications made to the Air Quality Permit for Montana 
Resources, Inc.
    (i) Incorporation by reference.
    (A) Board order issued on May 20, 1994 by the Montana Board of 
Health and Environmental Sciences approving the amendments to the Butte/
Silver Bow Air Pollution Control Program regarding the PM10 
contingency measure.
    (B) Butte/Silver Bow Ordinance No. 468, effective May 20, 1994, 
which addresses PM10 contingency measure requirements for 
liquid de-icer application.
    (ii) Additional material.
    (A) Montana Department of Health and Environmental Sciences Air 
Quality Permit 1749-05, as revised with a final modification 
date of January 5, 1994, for Montana Resources, Inc.'s open pit copper 
and molybdenum mine, crushing and milling operation, and concentrator.
    (37) The Governor of Montana submitted a State Implementation Plan 
(SIP) revision meeting the requirements for the primary SO2 
NAAQS SIP for the East Helena, Montana nonattainment area with a letter 
dated March 30, 1994. The submittal was to satisfy those SO2 
nonattainment area SIP requirements due for East Helena

[[Page 213]]

on May 15, 1992. The East Helena SO2 SIP revision submitted 
on March 30, 1994, supercedes the East Helena SO2 SIP 
approved in paragraph (c)(5) of this section and, effective after 
November 15, 1995, terminates the East Helena SO2 SIP 
approved in paragraph (c)(16) of this section.
    (i) Incorporation by reference.
    (A) Stipulation signed March 15, 1994, between the Montana 
Department of Health and Environmental Sciences (MDHES) and Asarco, 
Incorporated, which specifies SO2 emission limitations and 
requirements for the company's primary lead smelter located in East 
Helena, MT.
    (B) Board order issued on March 18, 1994, by the Montana Board of 
Health and Environmental Sciences approving and adopting the control 
strategy for achieving and maintaining the primary SO2 NAAQS 
in the East Helena area.
    (38) [Reserved]
    (39) On May 17, 1994, the Governor of Montana submitted revisions to 
the Administrative Rules of Montana (ARM) regarding nonattainment new 
source review, prevention of significant deterioration, general 
construction permitting, wood waste burners, source test methods, new 
source performance standards, and national emission standards for 
hazardous air pollutants. Also, the Governor requested that all existing 
State regulations approved in the SIP be replaced with the October 1, 
1979 codification of the ARM as in effect on March 30, 1994. EPA is 
replacing all of the previously approved State regulations, except ARM 
16.8.1302 and 16.8.1307, with those regulations listed in paragraph 
(c)(39)(i)(A) of this section. ARM 16.8.1302 and 16.8.1307, as in effect 
on April 16, 1982 and as approved by EPA at 40 CFR 52.1370(c)(11), will 
remain part of the SIP.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) Sections 16.8.201-202, 
16.8.301-304, and 16.8.401-404, effective 12/31/72; Section 16.8.701, 
effective 12/10/93; Section 16.8.704, effective 2/14/87; Section 
16.8.705, effective 6/18/82; Section 16.8.707, effective 9/13/85; 
Sections 16.8.708-709, effective 12/10/93; Sections 16.8.945-963, 
effective 12/10/93; Sections 16.8.1001-1003, effective 9/13/85; Section 
16.8.1004, effective 12/25/92; Sections 16.8.1005-1006, effective 9/13/
85; Section 16.8.1007, effective 4/29/88; Section 16.8.1008, effective 
9/13/85; Section 16.8.1101, effective 6/16/89; Section 16.8.1102, 
effective 2/14/87; Section 16.8.1103, effective 6/16/89; Section 
16.8.1104, effective 3/16/79; Section 16.8.1105, effective 12/27/91; 
Sections 16.8.1107 and 16.8.1109, effective 12/10/93; Sections 
16.8.1110-1112. effective 3/16/79; Section 16.8.1113, effective 2/14/87; 
Section 16.8.1114, effective 12/10/93; Sections 16.8.1115, 16.8.1117, 
and 16.8.1118, effective 3/16/79; Sections 16.8.1119-1120, effective 12/
10/93; Sections 16.8.1204-1206, effective 6/13/86; Sections 16.8.1301 
and 16.8.1303, effective 4/16/82; Section 16.8.1304, effective 9/11/92; 
Section 16.8.1305, effective 4/16/82; Section 16.8.1306, effective 4/1/
82; Section 16.8.1308, effective 10/16/92; Section 16.8.1401, effective 
10/29/93; Section 16.8.1402, effective 3/11/88; Section 16.8.1403, 
effective 9/5/75; Section 16.8.1404, effective 6/13/86; Section 
16.8.1406, effective 12/29/78; Section 16.8.1407, effective 10/29/93; 
Section 16.8.1411, effective 12/31/72; Section 16.8.1412, effective 3/
13/81; Section 16.8.1413, effective 12/31/72; Section 16.8.1419, 
effective 12/31/72; Sections 16.8.1423, 16.8.1424, and 16.8.1425 (except 
16.8.1425(1)(c) and (2)(d)), effective 10/29/93; Section 16.8.1426, 
effective 12/31/72; Sections 16.8.1428-1430, effective 10/29/93; Section 
16.8.1501, effective 2/10/89; Section 16.8.1502, effective 2/26/82; 
Section 16.8.1503, effective 2/10/89; Sections 16.8.1504-1505, effective 
2/26/82; Sections 16.8.1701-1705, effective 12/10/93; and Sections 
16.8.1801-1806, effective 12/10/93.
    (40) The Governor of Montana submitted a PM10 plan for 
Kalispell, Montana in a letter dated November 25, 1991. The Governor of 
Montana later submitted additional materials in letters dated January 
11, 1994, August 26, 1994, and July 18, 1995. The August 26, 1994, and 
July 18, 1995 submittals also contain the Kalispell Contingency Measure 
Plan. The August 26, 1994, submittal also contains the Columbia Falls 
PM10 contingency measures and minor revisions to the 
attainment and maintenance demonstrations for the moderate 
PM10 nonattainment area SIP for Columbia Falls. Finally, the 
August 26, 1994, submittal contains revisions to the Flathead County Air

[[Page 214]]

Pollution Control Program regulations.
    (i) Incorporation by reference.
    (A) Stipulations signed September 15, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: A-1 Paving; Equity Supply Company; Flathead Road Dept. (two 
stipulations issued); Klingler Lumber Co.; McElroy and Wilkins; and 
Montana Mokko.
    (B) Stipulations signed September 17, 1993 between the Montana 
Department of Health and Environmental Sciences and the following 
industries: Pack and Company, Inc.; Pack Concrete; and Plum Creek Inc. 
(Evergreen).
    (C) Board Order issued on September 17, 1993, by the Montana Board 
of Health and Environmental Sciences enforcing emissions limitations 
specified by stipulations signed by both the Montana Department of 
Health and Environmental Services and participating facilities. The 
participating facilities included: A-1 Paving; Equity Supply Company; 
Flathead Road Dept. (two stipulations issued); Klingler Lumber Co.; 
McElroy and Wilkins; Montana Mokko; Pack and Company, Inc.; Pack 
Concrete; and Plum Creek Inc. (Evergreen).
    (D) Flathead County Board of Commissioners Resolution No. 867B, 
dated April 4, 1994, adopting the Flathead County Air Pollution Control 
Program.
    (E) Board Order issued May 20, 1994, by the Montana Board of Health 
and Environmental Sciences approving the Flathead County Air Pollution 
Control Program.
    (F) Flathead County Air Pollution Control Program, including all 
regulations found in Chapter VIII, Sub-Chapters 1-6, effective May 20, 
1994.
    (ii) Additional material.
    (A) Montana Smoke Management Plan, effective April 28, 1988, which 
addresses prescribed burning requirements.
    (B) Federal tailpipe standards, which provide an ongoing benefit due 
to fleet turnover.
    (41) The Governor of Montana submitted revisions to the Missoula 
City-County Air Pollution Control Program in a letter dated March 3, 
1995. In addition, the March 3, 1995 submittal satisfies the one 
remaining commitment made by the State in its original PM10 
moderate nonattainment area SIP.
    (i) Incorporation by reference.
    (A) Board order issued on September 16, 1994 by the Montana Board of 
Health and Environmental Sciences approving the amendments to Missoula 
City-County Air Pollution Control Program Chapters IX and XVI regarding, 
among other things, emergency procedures, paving of private roads, 
driveways, and parking lots, National standards of performance for new 
stationary sources, National Emission Standards for Hazardous Air 
Pollutants, and solid fuel burning devices.
    (B) Missoula City-County Rule 401, Missoula County Air Stagnation 
Plan, effective September 16, 1994.
    (C) Missoula City-County Rule 1401, Prevent Particulate Matter from 
Being Airborne, effective September 16, 1994.
    (D) Missoula City-County Rule 1423, Standard of Performance for New 
Stationary Sources, effective September 16, 1994.
    (E) Missoula City-County Rule 1424, Emission Standards for Hazardous 
Air Pollutants, effective September 16, 1994.
    (F) Missoula City-County Rule 1428, Solid Fuel Burning Devices, 
effective September 16, 1994.
    (G) Missoula City-County Air Pollution Control Program Chapter XVI, 
Amendments and Revisions, effective September 16, 1994.
    (42) On May 22, 1995, the Governor of Montana submitted revisions to 
the prevention of significant deterioration regulations in the 
Administrative Rules of Montana to incorporate changes in the Federal 
PSD permitting regulations for PM-10 increments.
    (i) Incorporation by reference
    (A) Revisions to the Administrative Rules of Montana (ARM), rules 
16.8.945(3)(c), 16.8.945(21)(d), 16.8.945(24)(d), 16.8.947(1), 
16.8.953(7)(a), and 16.8.960(4), effective 10/28/94.
    (43) On May 22, 1995, the Governor of Montana submitted revisions to 
the plan, which included revisions to the State's open burning 
regulation and other minor administrative revisions.
    (i) Incorporation by reference.
    (A) Revisions to the Administrative Rules of Montana (ARM), 
16.8.1301-1310, effective September 9, 1994; and

[[Page 215]]

    (B) Revisions to the ARM, 16.8.708, 16.8.946, 16.8.1120, 16.8.1429, 
16.8.1702, 16.8.1802, and 16.8.2003, effective October 28, 1994.
    (44) The Governor of Montana submitted PM10 contingency 
measures and a recodification of the local regulations for Libby, 
Montana in a letter dated March 15, 1995. In addition, the Governor of 
Montana submitted revisions to the local open burning regulations and 
other minor administrative amendments on May 13, 1996.
    (i) Incorporation by reference.
    (A) Board order issued on December 16, 1994 by the Montana Board of 
Health and Environmental Sciences adopting stipulation of the Montana 
Department of Health and Environmental Sciences and Stimson Lumber 
Company.
    (B) Board order issued December 16, 1994 by the Montana Board of 
Health and Environmental Sciences adopting the PM10 
contingency measures as part of the Libby air pollution control program.
    (C) Board order issued on February 1, 1996 by the Montana Board of 
Environmental Review approving amendments to the Libby Air Pollution 
Control Program.
    (D) Lincoln Board of Commissioners Resolution No. 377, signed 
September 27, 1995, and Libby City Council Ordinance No. 1507, signed 
November 20, 1995, adopting revisions to the Lincoln County Air 
Pollution Control Program, Sections 75.1.103 through 75.1.719.
    (E) Lincoln County Air Pollution Control Program, Sections 75.1.101 
through 75.1.719, effective December 21, 1995.
    (45) [Reserved]
    (46) The Governor of Montana submitted sulfur dioxide SIP revisions 
for Billings/Laurel on September 6, 1995, August 27, 1996, April 2, 1997 
and July 29, 1998. On March 24, 1999, the Governor submitted a 
commitment to revise the SIP.
    (i) Incorporation by Reference.
    (A) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Cenex Harvest 
Cooperatives, including the stipulation and exhibit A and attachments to 
exhibit A, except for the following:
    (1) Paragraph 20 of the stipulation;
    (2) Section 3(A)(1)(d) of exhibit A;
    (3) The following phrase from section 3(B)(2) of exhibit A: ``except 
that those sour water stripper overheads may be burned in the main crude 
heater (and exhausted through the main crude heater stack) or in the 
flare during periods when the FCC CO boiler is unable to burn the sour 
water stripper overheads from the ``old'' SWS, provided that such 
periods do not exceed 55 days per calendar year and 65 days for any two 
consecutive calendar years.'';
    (4) Section 4(B) of exhibit A;
    (5) Section 4(D) of exhibit A; and
    (6) Method 6A of attachment 2 of exhibit A.
    (B) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Conoco, Inc., including 
the stipulation and exhibit A and attachments to exhibit A, except for 
paragraph 20 of the stipulation.
    (C) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Exxon Company, USA, 
including the stipulation and exhibit A and attachments to exhibit A, 
except for the following:
    (1) Paragraphs 1 and 22 of the stipulation;
    (2) Section 2(A)(11)(d) of exhibit A;
    (3) Sections 3(A)(1) and (2) of exhibit A;
    (4) Sections 3(B)(1), (2) and (3) of exhibit A;
    (5) The following phrase from section 3(E)(4) of exhibit A: ``except 
that the sour water stripper overheads may be burned in the F-1 Crude 
Furnace (and exhausted through the F-2 Crude/Vacuum Heater stack) or in 
the flare during periods when the FCC CO Boiler is unable to burn the 
sour water stripper overheads, provided that: (a) such periods do not 
exceed 55 days per calendar year and 65 days for any two consecutive 
calendar years, and (b) during such periods the sour water stripper 
system

[[Page 216]]

is operating in a two tower configuration.'';
    (6) Sections 4(B), (C), and (E) of exhibit A;
    (7) Section 6(B)(3) of exhibit A; and
    (8) method 6A of attachment 2 of exhibit A.
    (D) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Montana Power Company, 
including the stipulation and exhibit A and attachments to exhibit A, 
except for paragraph 20 of the stipulation.
    (E) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Montana Sulphur & 
Chemical Company, including the stipulation and exhibit A and 
attachments to the exhibit A, except for paragraphs 1, 2 and 22 of the 
stipulation, and sections 3(A)(1)(a) and (b), 3(A)(3), 3(A)(4) and 
6(B)(3) of exhibit A. (EPA is approving section 3(A)(2) of exhibit A for 
the limited purpose of strengthening the SIP. In 40 CFR 52.1384(d)(2), 
we are also disapproving section 3(A)(2) of exhibit A because section 
3(A)(2) does not fully meet requirements of the Clean Air Act.)
    (F) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Western Sugar Company, 
including the stipulation and exhibit A and attachments to exhibit A, 
except for paragraph 20 of the stipulation.
    (G) Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the stipulation of the 
Montana Department of Environmental Quality and Yellowstone Energy 
Limited Partnership, including the stipulation and exhibit A and 
attachments to exhibit A, except for paragraph 20 of the stipulation and 
section 3(A)(1) through (3) of exhibit A.
    (ii) Additional material.
    (A) All portions of the September 6, 1995 Billings/Laurel SO2 SIP 
submittal other than the board orders, stipulations, exhibit A's and 
attachments to exhibit A's.
    (B) All portions of the August 27, 1996 Billings/Laurel SO2 SIP 
submittal other than the board orders, stipulations, exhibit A's and 
attachments to exhibit A's.
    (C) All portions of the April 2, 1997 Billings/Laurel SO2 SIP 
submittal other than the board orders, stipulations, exhibit A's and 
attachments to exhibit A's.
    (D) All portions of the July 29, 1998 Billings/Laurel SO2 SIP 
submittal, other than the following: The board orders, stipulations, 
exhibit A's and attachments to exhibit A's, and any other documents or 
provisions mentioned in paragraph (c)(46)(i) of this section.
    (E) April 28, 1997 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
Program, EPA Region VIII.
    (F) January 30, 1998 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
Program, EPA Region VIII.
    (G) August 11, 1998 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Kerrigan G. Clough, Assistant 
Regional Administrator, EPA Region VIII.
    (H) September 3, 1998 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
Program, EPA Region VIII.
    (I) March 24, 1999 commitment letter from Marc Racicot, Governor of 
Montana, to William Yellowtail, EPA Regional Administrator.
    (J) May 20, 1999 letter from Mark Simonich, Director, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
and Radiation Program, EPA Region VIII.
    (47) On August 26, 1999, the Governor of Montana submitted 
Administrative Rules of Montana Sub-Chapter 13, ``Conformity'' that 
incorporates conformity consultation requirements implementing 40 CFR 
Part 93, Subpart A into State regulation.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana 17.8.1301, 17.8.1305, 17.8.1306, 
17.8.1310

[[Page 217]]

through 17.8.1313, effective June 4, 1999; and 17.8.1304 effective 
August 23, 1996.
    (48) The Governor of Montana submitted revisions to the Missoula 
County Air Quality Control Program with a letter dated November 14, 
1997. The revisions address general definitions, open burning, and 
criminal penalties.
    (i) Incorporation by reference.
    (A) Board order issued on October 31, 1997 by the Montana Board of 
Environmental Review approving the amendments to Missoula County Air 
Quality Control Program Chapters IX and XII regarding general 
definitions, open burning, and criminal penalties.
    (B) Missoula County Air Quality Control Program, Chapter IX, Rule 
701, General Definitions, effective October 31, 1997.
    (C) Missoula County Air Quality Control Program, Chapter IX, Rules 
1301-1311, regarding open burning, effective October 31, 1997.
    (D) Missoula County Air Quality Control Program, Chapter XII, 
Criminal Penalties, effective October 31, 1997.
    (49) On September 19, 1997, December 10, 1997, April 14, 1999, 
December 6, 1999 and March 3, 2000, the Governor submitted a 
recodification and revisions to the Administrative Rules of Montana. EPA 
is replacing in the SIP all of the previously approved Montana air 
quality regulations except that the Kraft Pulp Mill Rule, ARM 16.8.1413, 
effective December 31, 1972, and Stack Heights and Dispersion Techniques 
Rule, ARM 16.8.1204-1206, effective June 13, 1986, with those 
regulations listed in paragraph (c)(49)(i)(A) of this section. The Kraft 
Pulp Mill Rule, ARM 16.8.1413, effective December 31, 1972, and Stack 
Heights and Dispersion Techniques Rule, ARM 16.8.1204-1206, effective 
June 13, 1986 remain a part of the SIP. In addition, the Governor 
submitted Yellowstone County's Local Regulation No. 002--Open Burning.
    (i) Incorporation by reference.
    (A) Administrative Rule of Montana (ARM) Table of Contents; section 
17.8.101, effective 6/26/98; sections 17.8.102-103, effective 10/8/99; 
section 17.8.105, effective 8/23/96; section 17.8.106, effective 10/8/
99, sections 17.8.110-111, effective 8/23/96; sections 17.8.130-131, 
effective 8/23/96; sections 17.8.140-142, effective 8/23/96; section 
17.8.301, effective 8/23/96; section 17.8.302, effective 10/8/99; 
section 17.8.304 (excluding 17.8.304(4)(f)), effective 8/23/96; section 
17.8.308, effective 8/23/96; section 17.8.309 (excluding 
17.8.309(5)(b)), effective 8/23/96; section 17.8.310 (excluding 
17.8.310(3)(e)), effective 8/23/96; section 17.8.316, effective 8/23/96; 
section 17.8.320, effective 8/23/96; sections 17.8.322-323, effective 8/
23/96; section 17.8.324 (excluding 17.8.324(1)(c) and (2)(d)), effective 
8/23/96; sections 17.8.325-326, effective 8/23/96; sections 17.8.330-
334, effective 8/23/96; section 17.8.601, effective 7/23/99; section 
17.8.602, effective 9/9/97; sections 17.8.604-605, effective 8/23/96; 
section 17.8.606, effective 7/23/99; sections 17.8.610-613, effective 7/
23/99; section 17.8.614-615, effective 8/23/96; section 17.8.701 
(excluding 17.8.701(10)), effective 8/23/96; section 17.8.702 (excluding 
17.8.702(1)(f)), effective 9/9/97; section 17.8.704, effective 8/23/96; 
section 17.8.705 (excluding 17.8.705(1)(q)) effective 8/23/96; sections 
17.8.706-707, effective 8/23/96; section 17.8.710, effective 8/23/96; 
sections 17.8.715-717, effective 8/23/96; section 17.8.720, effective 8/
23/96; sections 17.8.730-732, effective 8/23/96; section 17.8.733 
(excluding 17.8.733(1)(c)), effective 8/23/96; section 17.8.734, 
effective 8/23/96; section 17.8.801, effective 6/26/98; section 
17.8.802, effective 9/9/97; sections 17.8.804-809, effective 8/23/96; 
sections 17.8.818-828, effective 8/23/96; section 17.8.901, effective 6/
26/98; section 17.8.902, effective 9/9/97; sections 17.8.904-906, 
effective 8/23/96; section 17.8.1001, effective 8/23/96; section 
17.8.1002, effective 9/9/97; sections 17.8.1004-1007, effective 8/23/96; 
section 17.8.1101, effective 8/23/96; section 17.8.1102, effective 9/9/
97; section 17.8.1103, effective 8/23/96; and sections 17.8.1106-1111, 
effective 8/23/96.
    (B) April 27, 2000 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection 
Agency, Region 8.
    (C) Board Order issued on September 24, 1999, by the Montana Board 
of Environmental Review approving the Yellowstone County Air Pollution 
Control Program.
    (D) Yellowstone County Air Pollution Control Program, Regulation No.

[[Page 218]]

002 Open Burning, effective September 24, 1999.
    (E) March 6, 2001 letter from Robert Habeck, Montana Department of 
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the 
effective date of the Yellowstone County Air Pollution Control Program 
Regulation No. 002 Open Burning.
    (ii) Additional Material.
    (A) April 5, 2000 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Dawn Tesorero, U.S. Environmental Protection 
Agency, Region 8.
    (B) February 14, 2001 letter from Don Vidrine, Montana Department of 
Environmental Quality, to Dick Long, U.S. Environmental Protection 
Agency, Region 8.
    (50) On February 9, 2001, the Governor of Montana submitted 
revisions to Montana's Emergency Episode Avoidance Plan and Cascade 
County Air Pollution Control Program Regulation Chapter 7, Open Burning.
    (i) Incorporation by reference.
    (A) Board Order issued on October 16, 2000, by the Montana Board of 
Environmental Review approving the Cascade County Air Pollution Control 
Program.
    (B) Cascade County Air Pollution Control Program, Regulation Chapter 
7, Open Burning, effective October 16, 2000.
    (C) March 16, 2001 letter from Debra Wolfe, Montana Department of 
Environmental Quality, to Laurie Ostrand, EPA Region 8, explaining the 
effective date of the Cascade County Air Pollution Control Program 
Regulation Chapter 7, Open Burning.
    (51) The Governor of Montana submitted the East Helena Lead SIP 
revisions with letters dated August 16, 1995, July 2, 1996, and October 
20, 1998. The revisions address regulating lead emission from Asarco, 
American Chemet and re-entrained road dust from the streets of East 
Helena. The revisions supersede the Lead Plan submitted to EPA on 
September 29, 1983 (see paragraph (c)(15) of this section).
    (i) Incorporation by Reference.
    (A) Board order issued on August 28, 1998, by the Montana Board of 
Environmental Review adopting and incorporating the August 13, 1998 
stipulation of the Montana Department of Environmental Quality and 
Asarco.
    (B) Board order issued on June 26, 1996, by the Montana Board of 
Environmental Review adopting and incorporating the June 11, 1996 
stipulation of the Montana Department of Environmental Quality and 
Asarco including exhibit A and attachments to the stipulation, excluding 
paragraphs 15 and 16 of the stipulation, and excluding the following:
    (1) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(22) of exhibit A;
    (2) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(28) of exhibit A;
    (3) The words, ``or an equivalent procedure'' in the second sentence 
in section 5(G) of exhibit A;
    (4) The sentence, ``Any revised documents are subject to review and 
approval by the Department as described in section 12,'' from section 
6(E) of exhibit A;
    (5) The words, ``or a method approved by the Department in 
accordance with the Montana Source Testing Protocol and Procedures 
Manual shall be used to measure the volumetric flow rate at each 
location identified,'' in section 7(A)(2) of exhibit A;
    (6) The sentence, ``Such a revised document shall be subject to 
review and approval by the Department as described in section 12,'' in 
section 11(C) of exhibit A;
    (7) The sentences, ``This revised Attachment shall be subject to the 
review and approval procedures outlined in section 12(B). The Baghouse 
Maintenance Plan shall be effective only upon full approval of the plan, 
as revised. This approval shall be obtained from the Department by 
January 6, 1997. This deadline shall be extended to the extent that the 
Department has exceeded the time allowed in section 12(B) for its review 
and approval of the revised document,'' in section 12(A)(7) of exhibit 
A;
    (8) Section 12(B) of exhibit A.
    (C) Board order issued on August 4, 1995, by the Montana Board of 
Environmental Review adopting and incorporating the June 30, 1995 
stipulation of the Montana Department of Environmental Quality and 
American

[[Page 219]]

Chemet including exhibit A to the stipulation, excluding paragraph 20 of 
the stipulation.
    (ii) Additional material.
    (A) All portions of the August 16, 1995 East Helena Pb SIP submitted 
other than the orders, stipulations and exhibit A's and attachments to 
the stipulations.
    (B) All portions of the July 2, 1996 East Helena Pb SIP submitted 
other than the orders, stipulations and exhibit A's and attachments to 
the stipulations.
    (C) All portions of the October 20, 1998 East Helena Pb SIP 
submitted other than the orders, stipulations and exhibit A's and 
attachments to the stipulations.
    (D) November 16, 1999 letter from Art Compton, Division 
Administrator, Planning, Prevention and Assistance Division, Montana 
Department of Environmental Quality, to Richard R. Long, Director, Air 
and Radiation Program, EPA Region VIII.
    (E) September 9, 1998 letter from Richard A. Southwick, Point Source 
SIP Coordinator, Montana Department of Environmental Quality, to Richard 
R. Long, Director, Air and Radiation Program, EPA Region VIII.
    (52) The Governor of Montana submitted sulfur dioxide 
(SO2) SIP revisions for Billings/Laurel on July 29, 1998 and 
May 4, 2000. EPA is approving some of the provisions of the July 29, 
1998 submittal that it did not approve before. The May 4, 2000 submittal 
revises some previously approved provisions of the Billings/Laurel 
SO2 SIP and adds new provisions.
    (i) Incorporation by reference.
    (A) Sections 3(B)(2) and 4(D) (excluding ``or the flare'' and ``or 
in the flare'' in both sections), 3(A)(1)(d) and 4(B) of Cenex Harvest 
States Cooperatives' exhibit A to the stipulation between the Montana 
Department of Environmental Quality and Cenex Harvest States 
Cooperatives, adopted June 12, 1998 by Board Order issued by the Montana 
Board of Environmental Review.
    (B) Board Order issued March 17, 2000 by the Montana Board of 
Environmental Review adopting and incorporating the February 14, 2000 
stipulation between the Montana Department of Environmental Quality and 
Cenex Harvest States Cooperatives. This stipulation revises attachment 
2 to Cenex Harvest States Cooperatives' exhibit A to require 
the use of method 6A-1.
    (C) Sections 3(E)(4) and 4(E) (excluding ``or in the flare'' and 
``or the flare'' in both sections), 3(A)(2), 3(B)(2), 3(B)(3), 4(B) and 
6(B)(3) of Exxon's exhibit A to the stipulation between the Montana 
Department of Environmental Quality and Exxon, adopted June 12, 1998 by 
Board Order issued by the Montana Board of Environmental Review.
    (D) Board Order issued March 17, 2000, by the Montana Board of 
Environmental Review adopting and incorporating the February 14, 2000 
stipulation between the Montana Department of Environmental Quality and 
Exxon Mobil Corporation. The stipulation adds the following to Exxon 
Mobil Corporation's exhibit A: method 6A-1 of attachment 
2 and sections 2(A)(11)(d), 4(C), 7(B)(1)(j) and 7(C)(1)(l). 
The stipulation revises the following sections of Exxon Mobil 
Corporation's exhibit A: 3 (introductory text only), 3(A) (introductory 
text only), 3(A)(1), 3(B) (introductory text only), 3(B)(1), 3(E)(3), 
6(B)(7), 7(B)(1)(d), 7(C)(1)(b), 7(C)(1)(d), and 7(C)(1)(f).
    (E) Board Order issued on March 17, 2000, by the Montana Board of 
Environmental Review adopting and incorporating the February 14, 2000 
stipulation between the Montana Department of Environmental Quality and 
Yellowstone Energy Limited Partnership (YELP). The stipulation revises 
the following sections of YELP's exhibit A: sections 3(A)(1) through (3) 
and 7(C)(1)(b).
    (53) The Governor of Montana submitted minor revisions to Asarco's 
control strategy in the East Helena Lead SIP on November 27, 2000.
    (i) Incorporation by reference.
    (A) Board order issued on September 15, 2000, by the Montana Board 
of Environmental Review adopting and incorporating the stipulation of 
the Montana Department of Environmental Quality and Asarco dated July 
18, 2000. The July 18, 2000 stipulation revises the following sections 
in the previously adopted exhibit A to the stipulation: 1(B(4), 1(B)(5), 
3(A)(3), 3(A)(4), 3(A)(12)(a), 3(A)(12)(i), 3(A)(12)(m), 3(A)(12)(o), 
3(A)(12)(p), 3(A)(12)(q),

[[Page 220]]

3(A)(12)(r), 3(A)(16)(a), 5(D)(1), 5(D)(2), 5(G)(4), 8(A),(2), 8(A)(3), 
9(B)(2), and 9(B)(3). These revisions, which became effective on 
September 15, 2000, replace the same-numbered sections in previously 
approved SIP revisions.
    (54) The Governor of Montana submitted revisions to the Missoula 
City-County Air Pollution Control Program with a letter dated April 30, 
2001. The revisions completely replace the previous version of the 
program regulations in the SIP.
    (i) Incorporation by reference.
    (A) November 17, 2000 Montana Board of Environmental Review order 
approving revisions to the Missoula City-County Air Pollution Control 
Program regulations.
    (B) Missoula City-County Air Pollution Control Program regulations 
as follows: Chapter 1, Program Authority and Administration; Chapter 2, 
Definitions; Chapter 3, Failure To Attain Standards; Chapter 4, Missoula 
County Air Stagnation and Emergency Episode Avoidance Plan; Chapter 5, 
General Provisions, Rules 5.101-5.103, 5.105-5.106, and 5.112; Chapter 
6, Standards for Stationary Sources, Subchapter 1, Air Quality Permits 
for Air Pollutant Sources, Rules 6.101-6.103 and 6.105-6.109, Subchapter 
5, Emission Standards, Rules 6.501-6.504, Subchapter 6, Incinerators, 
Rules 6.601-6.604, and Subchapter 7, Wood Waste Burners, Rules 6.701-
6.703; Chapter 7, Outdoor Burning; Chapter 8, Fugitive Particulate; 
Chapter 9, Solid Fuel Burning Devices; Chapter 10, Fuels; Chapter 11, 
Motor Vehicles; Chapter 14, Enforcement and Administrative Procedures; 
Chapter 15, Penalties; Appendix A, Maps; Appendix B, Missoula's 
Emergency Episode Avoidance Plan Operations and Procedures; and Appendix 
D, Oxygenated Fuels Program Sampling Requirements for Blending 
Facilities, effective November 17, 2000.
    (55) On April 30, 2001, May 21, 2001 and December 20, 2001, the 
Governor of Montana submitted revisions to the Administrative Rules of 
Montana. The State revised its Incorporation by Reference Rules and 
repealed a Sulfur Oxide Emissions--Primary Copper Smelter rule (ARM 
17.8.323). ARM 17.8.323, last incorporated by reference at 40 CFR 
52.1370(c)(49)(i)(A), is removed from the SIP.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.102(1)(a), 
(b), (c) and (d), effective 8/10/01; 17.8.103(1)(m), (n), (o), and (p), 
effective 8/10/01; 17.8.302(1)(d), (e) and (f), effective 8/10/01; 
17.8.602(1) and (2), effective 8/10/01; 17.8.702(1)(g), effective 8/10/
01; 17.8.902(1)(e), effective 8/10/01; and 17.8.1002(1)(e), effective 8/
10/01.
    (56) On August 26, 1999, the Governor of Montana submitted 
Administrative Rules of Montana Sub-Chapter 14, ``Conformity of General 
Federal Actions'' that incorporates conformity of general federal 
actions to state or federal implementation plans, implementing 40 CFR 
part 93, subpart B into State regulation.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana 17.8.1401, and 17.8.1402 
effective June 4, 1999.
    (57) [Reserved]
    (58) On April 30, 2001, the Governor of Montana submitted a request 
to add a credible evidence rule to the Administrative Rules of Montana 
(ARM). ARM 17.8.132--``Credible Evidence'' has been approved into the 
SIP.
    (i) Incorporation by reference.
    (A) ARM 17.8.132 effective December 8, 2000.
    (59) On October 28, 2002, the Governor of Montana submitted 
revisions to the Administrative Rules of Montana (ARM). The State 
revised its Incorporation by Reference rules (ARM 17.8.102, 17.8.302) 
and revised the definition of volatile organic compounds to incorporate 
by reference the federal regulation (ARM 17.8.101, 17.8.801, 17.8.901). 
Additional minor changes were made to ARM 17.8.401, 17.8.1005 and the 
Yellowstone County Air Pollution Control Program Regulation No. 002.
    (i) Incorporation by reference.
    (A) Administrative Rules of Montana (ARM) sections 17.8.101(41), 
17.8.102(a) and (d), 17.8.302(1)(f), 17.8.401(1)(b)(v), 17.8.801(29), 
17.8.901(20) and 17.8.1005(6), effective 6/28/02.
    (B) Yellowstone County Air Pollution Control Program, Regulation No. 
002, (H)(4)(b)(i), effective June 7, 2002.

[[Page 221]]

    (60) On June 26, 1997, the Governor of Montana submitted the 
Thompson Falls Air Pollution Control Plan and on June 13, 2000, the 
Governor submitted revisions to the June 26, 1997, submittal. On 
February 28, 1999, the Governor of Montana withdrew all chapters of the 
Thompson Falls Air Pollution Control Plan submitted on June 26, 1997, 
except chapters 45.2, 45.10.10, and 45.10.12. EPA is approving sections 
45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air Pollution Control 
Plan.
    (i) Incorporation by reference.
    (A) Board Order issued June 20, 1997, by the Montana Board of 
Environmental Review, as reprinted in section 45.2.2 of the Thompson 
Falls Air Pollution Control Plan. The Board Order adopts and 
incorporates the May 1997 Maintenance Agreement Between the City of 
Thompson Falls, Montana Department of Transportation, and Montana 
Department of Environmental Quality which contains the control plan for 
the attainment and maintenance of the PM-10 National Ambient Air Quality 
Standards in the Thompson Falls area.
    (B) May 1997 Maintenance Agreement between the City of Thompson 
Falls, Montana Department of Transportation, and Montana Department of 
Environmental Quality, as reprinted in section 45.2.1 of the Thompson 
Falls Air Pollution Control Plan.
    (ii) Additional Material.
    (A) Sections 45.2, 45.10.10 and 45.10.12 of the Thompson Falls Air 
Pollution Control Plan.

[37 FR 10877, May 31, 1972]

    Editorial Note: For Federal Register citations affecting Sec. 
52.1370, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



Sec. 52.1371  Classification of regions.

    The Montana Emergency Episode Avoidance Plan was revised with a 
February 9, 2001 submittal by the Governor. The February 9, 2001 
Emergency Episode Avoidance Plan classified the Air Quality Control 
Regions (AQCR) as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Pollutant
                                                                    ------------------------------------------------------------------------------------
                 Air quality control regions (AQCR)                    Particulate                         Nitrogen          Carbon
                                                                          matter        Sulfur oxide       dioxide          monoxide          Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Billings Intrastate AQCR 140.......................................             III              III              III              III              III
Great Falls Intrastate AQCR 141....................................             III              III              III              III              III
Helena Intrastate AQCR 142.........................................              II              III              III              III              III
Miles City Intrastate AQCR 143.....................................             III              III              III              III              III
Missoula Intrastate AQCR 144.......................................              II              III              III              III              III
--------------------------------------------------------------------------------------------------------------------------------------------------------


[64 FR 68038, Dec. 6, 1999, as amended at 66 FR 31550, June 12, 2001]



Sec. 52.1372  Approval status.

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

[45 FR 2036, Jan. 10, 1980]



Sec. 52.1373  Control strategy: Carbon monoxide.

    (a) On July 8, 1997, the Governor of Montana submitted revisions to 
the SIP narrative for the Missoula carbon monoxide control plan.
    (b) Revisions to the Montana State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Billings, as 
adopted by the Montana Department of Environmental Quality on December 
19, 2000, State effective December 19, 2000, and submitted by the 
Governor on February 9, 2001.
    (c) Revisions to the Montana State Implementation Plan, Carbon 
Monoxide Redesignation Request and Maintenance Plan for Great Falls, as 
adopted by the Montana Department of Environmental Quality on December 
19, 2000, State effective December 19, 2000,

[[Page 222]]

and submitted by the Governor on February 9, 2001.

[64 FR 68038, Dec. 6, 1999, as amended at 67 FR 7973, Feb. 21, 2002; 67 
FR 31150, May 9, 2002]



Sec. 52.1374  Control strategy: Particulate matter.

    (a) On July 8, 1997, the Governor of Montana submitted minor 
revisions to the Columbia Falls, Butte and Missoula PM-10 SIPS.
    (b) Determination--EPA has determined that the Whitefish 
PM10 ``moderate'' nonattainment area attained the 
PM10 national ambient air quality standard by December 31, 
1999. This determination is based on air quality monitoring data from 
1997, 1998, and 1999. EPA has determined that the Thompson Falls 
PM10 ``moderate'' nonattainment area attained the 
PM10 national ambient air quality standard by December 31, 
2000. This determination is based on air quality monitoring data from 
1998, 1999, and 2000.

[64 FR 68038, Dec. 6, 1999, as amended at 66 FR 55105, Nov. 1, 2001]



Sec. 52.1375  Control strategy: Lead.

    Determination--EPA has determined that the East Helena Lead 
nonattainment area has attained the lead national ambient air quality 
standards through calendar year 1999. This determination is based on air 
quality data currently in the AIRS database (as of the date of our 
determination, June 18, 2001).

[66 FR 55098, Nov. 1, 2001]



Sec. 52.1376  Extensions.

    On October 7, 1993, EPA granted the request by the State for the 
full three years allowed by section 172(b) of the CAA, as amended in 
1990, for submittal of the SIP for the East Helena area to attain and 
maintain the sulfur dioxide secondary NAAQS. Therefore, the SIP for the 
area was due November 15, 1993. The SIP was not submitted by that date.

[61 FR 16062, Apr. 11, 1996]



Sec. 52.1377  [Reserved]



Sec. 52.1378  General requirements.

    (a) The requirements of Sec. 51.116(c) of this chapter are not met 
since the legal authority to provide for public availability of emission 
data is inadequate.
    (b) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the Agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial nonecessary by the Regional 
Administrator pursuant to paragraph (b)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1 to June 30 and July 1 to December 31.
    (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.

[[Page 223]]

    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the state designated by the Regional Administrator.

[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55331, Nov. 28, 1975; 
51 FR 40676, Nov. 7, 1986]



Sec. 52.1379  Legal authority.

    (a) The requirements of Sec. 51.230(f) of this chapter are not met, 
since section 69-3918 of the Montana Clean Air Act could, in some 
circumstances prohibit the disclosure of emission data to the public. 
Therefore, section 69-3918 is disapproved.

[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]



Sec. Sec. 52.1380-52.1381  [Reserved]



Sec. 52.1382  Prevention of significant deterioration of air quality.

    (a) The Montana plan, as submitted, is approved as meeting the 
requirements of Part C, Subpart 1 of the Clean Air Act, except that it 
does not apply to sources proposing to construct on Indian Reservations.
    (b) Regulation for preventing significant deterioration of air 
quality. The provisions of Sec. 52.21 except paragraph (a)(1) are 
hereby incorporated and made a part of the Montana State implementation 
plan and are applicable to proposed major stationary sources or major 
modifications to be located on Indian Reservations.
    (c)(1) Except as set forth in this paragraph, all areas of Montana 
are designated Class II.
    (2) The Northern Cheyene Indian Reservation is designated Class I.
    (3) The Flathead Indian Reservation is designated Class I.
    (4) The Fort Peck Indian Reservation is designated Class I.

[42 FR 40697, Aug. 11, 1977, as amended at 47 FR 23928, June 2, 1982; 48 
FR 20233, May 5, 1983; 49 FR 4735, Feb. 8, 1984; 53 FR 48645, Dec. 2, 
1988; 55 FR 19262, May 9, 1990; 55 FR 22333, June 1, 1990; 68 FR 11323, 
Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003]



Sec. 52.1384  Emission control regulations.

    (a) Administrative Rules of Montana 17.8.309(5)(b) and 
17.8.310(3)(e) of the State's rule regulating fuel burning, which were 
submitted by the Governor on April 14, 1999 and which allow terms of a 
construction permit to override a requirement that has been approved as 
part of the SIP, are disapproved. We cannot approve these provisions 
into the SIP, as it would allow the State to change a SIP requirement 
through the issuance of a permit. Pursuant to section 110 of the Act, to 
change a requirement of the SIP, the State must adopt a SIP revision and 
obtain our approval of the revision.
    (b)(1) In 40 CFR 52.1370(c)(51), we incorporated by reference 
several documents that comprise the East Helena Lead SIP. Sections 
52.1370(c)(51)(i)(B) and (C) indicate that certain provisions of the 
documents that were incorporated by reference were excluded. The 
excluded provisions of Sec. 52.1370(c)(51)(i)(B) and (C) are 
disapproved. These provisions are disapproved because they do not 
entirely conform to the requirement of section 110(a)(2) of the Act that 
SIP limits must be enforceable, nor to the requirement of section 110(i) 
that the SIP can be modified only through the SIP revision process. The 
following phrases, words, or section in exhibit A of the stipulation 
between the Montana Department of Environmental Quality (MDEQ) and 
Asarco, adopted by order issued on June 26, 1996 by the Montana Board of 
Environmental Review (MBER), are disapproved:
    (i) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(22) of exhibit A;
    (ii) The words, ``or an equivalent procedure'' in the second and 
third sentences in section 2(A)(28) of exhibit A;
    (iii) The words, ``or an equivalent procedure'' in the second 
sentence in section 5(G) of exhibit A;
    (iv) The sentence, ``Any revised documents are subject to review and 
approval by the Department as described in section 12,'' from section 
6(E) of exhibit A;
    (v) The words, ``or a method approved by the Department in 
accordance with the Montana Source Testing Protocol and Procedures 
Manual shall be used to

[[Page 224]]

measure the volumetric flow rate at each location identified,'' in 
section 7(A)(2) of exhibit A;
    (vi) The sentence, ``Such a revised document shall be subject to 
review and approval by the Department as described in section 12,'' in 
section 11(C) of exhibit A;
    (vii) The sentences, ``This revised Attachment shall be subject to 
the review and approval procedures outlined in Section 12(B). The 
Baghouse Maintenance Plan shall be effective only upon full approval of 
the plan, as revised. This approval shall be obtained from the 
Department by January 6, 1997. This deadline shall be extended to the 
extent that the Department has exceeded the time allowed in section 
12(B) for its review and approval of the revised document,'' in section 
12(A)(7) of exhibit A; and
    (viii) Section 12(B) of exhibit A.
    (2) Paragraphs 15 and 16 of the stipulation by the MDEQ and Asarco 
adopted by order issued on June 26, 1996 by the MBER are disapproved. 
Paragraph 20 of the stipulation by the MDEQ and American Chemet adopted 
by order issued on August 4, 1995 by the MBER is disapproved.
    (c) Administrative Rules of Montana 17.8.324(1)(c) and 2(d) 
(formerly ARM 16.8.1425(1)(c) and (2)(d)) of the State's rule regulating 
hydrocarbon emissions from petroleum products, which were submitted by 
the Governor on May 17, 1994 and later recodified with a submittal by 
the Governor on September 19, 1997, and which allow the discretion by 
the State to allow different equipment than that required by this rule, 
are disapproved. Such discretion cannot be allowed without requiring EPA 
review and approval of the alternative equipment to ensure that it is 
equivalent in efficiency to that equipment required in the approved SIP.
    (d) In Sec. 52.1370(c)(46), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP and incorporated by reference several 
documents. This paragraph identifies those portions of the Billings/
Laurel SO2 SIP that have been disapproved.
    (1) In Sec. 52.1370(c)(46)(i)(A) through (G), certain provisions of 
the documents incorporated by reference were excluded. The following 
provisions that were excluded by Sec. 52.1370(c)(46)(i)(A) through (G) 
are disapproved. We cannot approve these provisions because they do not 
conform to the requirements of the Clean Air Act:
    (i) The following paragraph and portions of sections of the 
stipulation and exhibit A between the Montana Department of 
Environmental Quality and Cenex Harvest Cooperatives adopted by Board 
Order issued on June 12, 1998, by the Montana Board of Environmental 
Review:
    (A) Paragraph 20 of the stipulation;
    (B) The following phrase from section 3(B)(2) of exhibit A: ``or in 
the flare''; and
    (C) The following phrases in section 4(D) of exhibit A: ``or in the 
flare'' and ``or the flare.''
    (ii) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Conoco, Inc., adopted by Board Order issued 
on June 12, 1998, by the Montana Board of Environmental Review.
    (iii) The following paragraphs and portions of sections of the 
stipulation and exhibit A between the Montana Department of 
Environmental Quality and Exxon Company, USA, adopted by Board Order 
issued on June 12, 1998, by the Montana Board of Environmental Review:
    (A) Paragraphs 1 and 22 of the stipulation;
    (B) The following phrase of section 3(E)(4) of exhibit A: ``or in 
the flare''; and
    (C) The following phrases of section 4(E) of exhibit A: ``or in the 
flare'' and ``or the flare.''
    (iv) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Montana Power Company, adopted by Board 
Order issued on June 12, 1998, by Montana Board of Environmental Review.
    (v) The following paragraphs and sections of the stipulation and 
exhibit A between the Montana Department of Environmental Quality and 
Montana Sulphur & Chemical Company, adopted by Board Order issued on 
June 12, 1998, by the Montana Board of Environmental Review: paragraphs 
1, 2 and 22 of the stipulation; sections 3(A)(1)(a) and (b), 3(A)(3), 
and 3(A)(4) of exhibit A.

[[Page 225]]

    (vi) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Western Sugar Company, adopted by Board 
Order issued on June 12, 1998, by the Montana Board of Environmental 
Review.
    (vii) Paragraph 20 of the stipulation between the Montana Department 
of Environmental Quality and Yellowstone Energy Limited Partnership, 
adopted by Board Order issued on June 12, 1998, by the Montana Board of 
Environmental Review.
    (2) Section (3)(A)(2) of exhibit A of the stipulation between the 
Montana Department of Environmental Quality and Montana Sulphur & 
Chemical Company, adopted by Board Order issued on June 12, 1998, by the 
Montana Board of Environmental Review, which section 3(A)(2) we approved 
for the limited purpose of strengthening the SIP, is hereby disapproved. 
This limited disapproval does not prevent EPA, citizens, or the State 
from enforcing section 3(A)(2).
    (e) In 40 CFR 52.1370(c)(52), we approved portions of the Billings/
Laurel Sulfur Dioxide SIP for the limited purpose of strengthening the 
SIP. Those provisions that we limitedly approved are hereby limitedly 
disapproved. This limited disapproval does not prevent EPA, citizens, or 
the State from enforcing the provisions. This paragraph identifies those 
provisions of the Billings/Laurel SO2 SIP identified in 40 
CFR 52.1370(c)(52) that have been limitedly disapproved.
    (1) Sections 3(B)(2) and 4(D) (excluding ``or in the flare'' and 
``or the flare'' in both sections, which was previously disapproved in 
paragraphs (d)(1)(i)(B) and (C) above), 3(A)(1)(d) and 4(B) of Cenex 
Harvest State Cooperatives' exhibit A to the stipulation between the 
Montana Department of Environmental Quality and Cenex Harvest State 
Cooperatives, adopted June 12, 1998 by Board Order issued by the Montana 
Board of Environmental Review.
    (2) Method 6A-1 of attachment 2 of Cenex Harvest 
State Cooperatives' exhibit A, as revised pursuant to the stipulation 
between the Montana Department of Environmental Quality and Cenex 
Harvest State Cooperatives, adopted by Board Order issued on March 17, 
2000, by the Montana Board of Environmental Review.
    (3) Sections 3(B)(2), 4(B), and 6(B)(3) of Exxon's exhibit A to the 
stipulation between the Montana Department of Environmental Quality and 
Exxon, adopted on June 12, 1998 by Board Order issued by the Montana 
Board of Environmental Review.
    (4) Sections 2(A)(11)(d), 3(A)(1), 3(B)(1) and 4(C) of Exxon Mobil 
Corporation's exhibit A, as revised pursuant to the stipulation between 
the Montana Department of Environmental Quality and Exxon Mobil 
Corporation, adopted by Board Order issued on March 17, 2000, by the 
Montana Board of Environmental Review.

[57 FR 57347, Dec. 4, 1992, as amended at 57 FR 60486, Dec. 21, 1993; 60 
FR 36722, July 18, 1995; 64 FR 68038, Dec. 6, 1999; 66 FR 42437, Aug. 
13, 2001; 66 FR 55099, Nov. 1, 2001; 67 FR 22241, May 2, 2002; 68 FR 
27911, May 22, 2003]



Sec. Sec. 52.1385-52.1386  [Reserved]



Sec. 52.1387  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 Montana.

[52 FR 45138, Nov. 24, 1987]



Sec. 52.1388  Stack height regulations.

    The State of Montana has committed to revise its stack height 
regulations should EPA complete rulemaking to respond to the decision in 
NRDC v. Thomas, 838 F. 2d 1224 (D.C. Cir. 1988). In a letter to Douglas 
M. Skie, EPA, dated May 6, 1988, Jeffrey T. Chaffee, Chief, Air Quality 
Bureau, stated:

    * * * We are submitting this letter to allow EPA to continue to 
process our current SIP submittal with the understanding that if EPA's 
response to the NRDC remand modifies the July 8, 1985 regulations, EPA 
will notify the State of the rules that must be changed to comply with 
the EPA's modified requirements. The State of Montana agrees to make the 
appropriate changes.

[54 FR 24341, June 7, 1989. Redesignated at 55 FR 19262, May 9, 1990]

[[Page 226]]



Sec. 52.1389  [Reserved]



Sec. 52.1390  Missoula variance provision.

    The Missoula City-County Air Pollution Control Program's Chapter X, 
Variances, which was adopted by the Montana Board of Health and 
Environmental Sciences on June 28, 1991 and submitted by the Governor of 
Montana to EPA in a letter dated August 20, 1991, is disapproved. This 
rule is inconsistent with section 110(i) of the Clean Air Act, which 
prohibits any State or EPA from granting a variance from any requirement 
of an applicable implementation plan with respect to a stationary 
source.

[59 FR 64139, Dec. 13, 1994]



Sec. 52.1391  Emission inventories.

    (a) The Governor of the State of Montana submitted the 1990 carbon 
monoxide base year emission inventories for Missoula and Billings on 
July 18, 1995, as a revision to the State Implementation Plan (SIP). The 
Governor submitted the 1990 carbon monoxide base year emission inventory 
for Great Falls on April 23, 1997, as a revision to the SIP. The 
inventories address emissions from point, area, on-road mobile, and non-
road sources. These 1990 base year carbon monoxide inventories satisfy 
the nonattainment area requirements of the Clean Air Act of section 
187(a)(1) for Missoula and section 172(c)(3) for Billings and Great 
Falls.
    (b) As part of the Thompson Falls Air Pollution Control Plan 
(approved at Sec. 52.1370(c)(60)), the Governor of Montana submitted a 
PM-10 emission inventory for the Thompson Falls area as a SIP revision. 
The PM-10 emission inventory covers the time period of July 1, 1990 
through June 30, 1991.

[62 FR 65616, Dec. 15, 1997, as amended at 69 FR 3012, Jan. 22, 2004]



                           Subpart CC_Nebraska



Sec. 52.1420  Identification of Plan.

    (a) Purpose and scope. This section sets forth the applicable SIP 
for Nebraska under section 110 of the CAA, 42 U.S.C. 7401 et seq., and 
40 CFR Part 51 to meet NAAQS.
    (b) Incorporation by reference. (1) Material listed in paragraphs 
(c), (d) and (e) of this section with an EPA approval date prior to 
November 5, 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), (d) and (e) of this 
section with EPA approval dates after November 5, 2003, will be 
incorporated by reference in the next update to the SIP compilation.
    (2) EPA Region VII certifies that the rules/regulations provided by 
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an 
exact duplicate of the officially promulgated state rules/regulations 
which have been approved as part of the SIP as of November 5, 2003.
    (3) Copies of the materials incorporated by reference may be 
inspected at the Environmental Protection Agency, Region VII, Air 
Planning and Development Branch, 901 North 5th Street, Kansas City, 
Kansas 66101; the EPA, Air and Radiation Docket and Information Center, 
Room B-108, 1301 Constitution Avenue, NW. (Mail Code 6102T), Washington, 
DC 20460 or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (c) EPA-approved regulations.

[[Page 227]]



                                                            EPA-Approved Nebraska Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     State
           Nebraska citation                      Title            effective               EPA approval date                        Explanation
                                                                      date
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    STATE OF NEBRASKA
                                                           Department of Environmental Quality
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Title 129--Nebraska Air Quality Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
129-1..................................              Definitions     11/20/02  09/05/03, 68 FR 52694....................
129-2..................................      Definition of Major     07/10/02  07/08/03, 68 FR 40530....................
                                                          Source
129-3..................................    Region and Subregions      6/26/94  1/04/95, 60 FR 372.......................
129-4..................................      Ambient Air Quality     04/01/02  07/08/03, 68 FR 40530....................
                                                       Standards     07/10/02
129-5..................................         Operating Permit     11/20/02  09/05/03, 68 FR 52694....................  Section 001.02 is not SIP
                                                                                                                           approved.
129-6..................................      Emissions Reporting     11/20/02  09/05/03, 68 FR 52694....................
129-7..................................      Operating Permits--    8/22/2000  5/29/02, 67 FR 37327.....................
                                                     Application
129-8..................................         Operating Permit    8/22/2000  5/29/02, 67 FR 37327.....................
                                                         Content
129-9..................................        General Operating      5/29/95  10/18/95, 60 FR 53872....................
                                         Permits for Class I and
                                                      II Sources
129-10.................................    Operating Permits for       9/7/97  1/20/00, 65 FR 3134......................
                                               Temporary Sources
129-11.................................      Operating Permits--      5/29/95  10/18/95, 60 FR 53872....................
                                              Emergency; Defense
129-12.................................         Operating Permit      5/29/95  2/09/96, 61 FR 4899......................
                                          Renewal and Expiration
129-13.................................        Class I Operating      5/29/95  10/18/95, 60 FR 53872....................
                                             Permit--EPA Review;
                                         Affected States Review;
                                                 Class II Permit
129-14.................................          Permits--Public      5/29/95  10/18/95, 60 FR 53872....................
                                                   Participation
129-15.................................         Operating Permit      5/29/95  10/18/95, 60 FR 53872....................
                                         Modification; Reopening
                                                       for Cause
129-16.................................      Stack Heights; Good   12/15/1998  5/29/02, 67 FR 37327.....................
                                            Engineering Practice
                                                           (GEP)
129-17.................................   Construction Permits--     07/10/02  07/08/03, 68 FR 40530....................  Refer to January 23, 2002,
                                                   When Required                                                           NDEQ letter to EPA regarding
                                                                                                                           change to 129-17-014.
                                                                                                                           Approved by EPA on May 29,
                                                                                                                           2002.
129-19.................................            Prevention of   12/15/1998  5/29/02, 67 FR 37327.....................  ..............................
                                                     Significant
                                            Deterioration of Air
                                                         Quality
129-20.................................   Particulate Emissions;     04/01/02  07/08/03, 68 FR 40530....................
                                                 Limitations and     07/10/02
                                           Standards (Exceptions
                                            Due to Breakdowns or
                                          Scheduled Maintenance:
                                                 See Chapter 35)
129-21.................................             Controls for     07/10/02  07/08/03, 68 FR 40530....................  ..............................
                                                   Transferring,
                                          Conveying, Railcar and
                                           Truck Loading at Rock
                                           Processing Operations
                                                  in Cass County
129-22.................................   Incinerators; Emission       9/7/97  1/20/00, 65 FR 3134......................  ..............................
                                                       Standards
129-24.................................          Sulfur Compound      6/26/94  1/04/95, 60 FR 372.......................  ..............................
                                             Emissions, Existing
                                                Sources Emission
                                                       Standards

[[Page 228]]

 
129-25.................................          Nitrogen Oxides       9/7/97  1/20/00, 65 FR 3134......................  ..............................
                                         (Calculated as Nitrogen
                                             Dioxide); Emissions
                                          Standards for Existing
                                              Stationary Sources
129-30.................................  Open Fires, Prohibited;     11/20/02  09/05/03, 68 FR 52694....................  ..............................
                                                      Exceptions
129-32.................................    Dust; Duty to Prevent      6/26/94  1/04/95, 60 FR 372.......................  ..............................
                                                       Escape of
129-33.................................         Compliance; Time      6/26/94  1/04/95, 60 FR 372.......................  ..............................
                                                    Schedule for
129-34.................................        Emission Sources;    8/22/2000  5/29/02, 67 FR 37327.....................  ..............................
                                             Testing; Monitoring
129-35.................................   Compliance; Exceptions       9/7/97  1/20/00, 65 FR 3134......................  ..............................
                                                 Due to Startup,
                                                    Shutdown, or
                                                     Malfunction
129-36.................................     Control Regulations;      6/26/94  1/04/95, 60 FR 372.......................  ..............................
                                             Circumvention, When
                                                        Excepted
129-37.................................              Compliance;      6/26/94  1/04/95, 60 FR 372.......................  ..............................
                                                  Responsibility
129-38.................................      Emergency Episodes;      6/26/94  1/04/95, 60 FR 372.......................  ..............................
                                         Occurrence and Control,
                                               Contingency Plans
129-39.................................   Visible Emissions from      6/26/94  1/04/95, 60 FR 372.......................  ..............................
                                            Diesel-powered Motor
                                                        Vehicles
129-40.................................       General Conformity      5/29/95  2/12/96, 61 FR 5297......................  ..............................
129-41.................................        General Provision   12/15/1998  5/29/02, 67 FR 37327.....................
129-42.................................        Consolidated with      5/29/95  2/09/96, 61 FR 4899......................
                                                      Chapter 41
129-43...................