[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2013 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Part 52 (Sec. Sec. 52.1019 to 52.2019)
Revised as of July 1, 2013
Containing a codification of documents of general
applicability and future effect
As of July 1, 2013
Published by the Office of the Federal Register
National Archives and Records Administration as a
Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 791
Alphabetical List of Agencies Appearing in the CFR...... 811
List of CFR Sections Affected........................... 821
[[Page iv]]
----------------------------
Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 52.1019
refers to title 40, part
52, section 1019.
----------------------------
[[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
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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
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LEGAL STATUS
The contents of the Federal Register are required to be judicially
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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[[Page vi]]
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``[RESERVED]'' TERMINOLOGY
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INCORPORATION BY REFERENCE
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(b) The matter incorporated is in fact available to the extent
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(c) The incorporating document is drafted and submitted for
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What if the material incorporated by reference cannot be found? If
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CFR INDEXES AND TABULAR GUIDES
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alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
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Charles A. Barth,
Director,
Office of the Federal Register.
July 1, 2013.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-two
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
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts
72-80, parts 81-84, part 85-Sec. 86.599-99, part 86 (86.600-1-end of
part 86), 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, parts 790-999, and part 1000 to end.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of July 1, 2013.
Chapter I--Environmental Protection Agency appears in all thirty-two
volumes. Regulations issued by the Council on Environmental Quality,
including an Index to Parts 1500 through 1508, appear in the volume
containing part 1000 to end. The OMB control numbers for title 40 appear
in Sec. 9.1 of this chapter.
For this volume, Michele Bugenhagen was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Michael L. White, assisted by Ann Worley.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains part 52, Sec. Sec. 52.1019 to 52.2019)
--------------------------------------------------------------------
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 (Continued)....................... 5
[[Page 5]]
SUBCHAPTER C_AIR PROGRAMS (CONTINUED)
PART 52_APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
(CONTINUED)--Table of Contents
Subpart U_Maine
Sec.
52.1019 Identification of plan--conditional approval.
52.1020 Identification of plan.
52.1021 Classification of regions.
52.1022 Approval status.
52.1023 Control strategy: Ozone.
52.1024 Attainment dates for national standards.
52.1025 Control strategy: Particulate matter.
52.1026 Review of new sources and modifications.
52.1027 Rules and regulations.
52.1028 [Reserved]
52.1029 Significant deterioration of air quality.
52.1030 Control strategy: Sulfur oxides.
52.1031 EPA-approved Maine regulations.
52.1033 Visibility protection.
52.1034 Stack height review.
52.1035 Requirements for state implementation plan revisions relating to
new motor vehicles.
52.1036 Emission inventories.
52.1037 Identification of plan section.
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 Base year emissions 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 Control strategy: Particulate matter.
52.1082 Determinations of attainment.
52.1083 [Reserved]
52.1084 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1085 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1086-52.1099 [Reserved]
52.1100 Original identification of plan section.
52.1101-52.1109 [Reserved]
52.1110 Small business stationary source technical and environmental
compliance assistance program.
52.1111-52.1115 [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.
[[Page 6]]
52.1169 Stack height review.
Subpart X_Michigan
52.1170 Identification of plan.
52.1171 Classification of regions.
52.1172 Approval status.
52.1173 Control strategy: Particulates.
52.1174 Control strategy: Ozone.
52.1175 Compliance schedules.
52.1176 Review of new sources and modifications. [Reserved]
52.1177-52.1178 [Reserved]
52.1179 Control Strategy: Carbon Monoxide.
52.1180 Significant deterioration of air quality.
52.1181 Interstate pollution.
52.1182 State boards.
52.1183 Visibility protection.
52.1184 Small business stationary source technical and environmental
compliance assistance program.
52.1185 Control strategy: Carbon monoxide.
52.1186 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1187 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1188 [Reserved]
52.1190 Original identification of plan section.
Subpart Y_Minnesota
52.1219 Identification of plan--conditional approval.
52.1220 Identification of plan.
52.1221 Classification of regions.
52.1222 Original identification of plan.
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 Regional haze.
52.1236 Visibility protection.
52.1237 Control strategy: Carbon monoxide.
52.1240 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1241 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
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 Visibility protection.
52.1280 Significant deterioration of air quality.
52.1281 Original identification of plan section.
52.1284 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
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 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1327 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1328-52.1334 [Reserved]
52.1335 Compliance schedules.
52.1336-52.1338 [Reserved]
52.1339 Visibility protection.
52.1340 Control strategy: Carbon monoxide.
52.1341 Control strategy: Particulate.
52.1342 Control strategy: Ozone.
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.
52.1392 Federal Implementation Plan for the Billings/Laurel Area.
52.1393 Interstate Transport Declaration for the 1997 8-hour ozone and
PM2.5 NAAQS.
[[Page 7]]
52.1394 Section 110(a)(2) infrastructure requirements.
52.1395 Smoke management plan.
52.1396 Federal implementation plan for regional haze.
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 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1429 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1430-52.1435 [Reserved]
52.1436 Significant deterioration of air quality.
52.1437 Visibility protection.
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.
52.1490 Original identification of plan.
52.1491 Interstate transport.
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.
52.1535 Original identification of plan section.
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 Determinations of attainment.
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 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1585 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1586 Section 110(a)(2) infrastructure requirements.
52.1587-52.1600 [Reserved]
52.1601 Control strategy and regulations: Sulfur oxides.
52.1602 Control strategy and regulations: PM2.5.
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.
[[Page 8]]
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 Interstate pollutant transport and regional haze provisions;
what are the FIP requirements for San Juan Generating Station
emissions affecting visibility?
52.1629 Visibility protection.
52.1630-52.1633 [Reserved]
52.1634 Significant deterioration of air quality.
52.1635 Rules and regulations.
52.1636 [Reserved]
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 plan.
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 Determinations of attainment.
52.1680 Control strategy: Monitoring and reporting.
52.1681 Control strategy: Lead.
52.1682 Control strategy: Carbon monoxide.
52.1683 Control strategy: Ozone.
52.1685 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
52.1686 Federal Implementation Plan for Regional Haze.
52.1687-52.1688 [Reserved]
52.1689 Identification of plans.
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 Conditional approval.
52.1774 [Reserved]
52.1775 Rules and regulations.
52.1776 Visibility protection.
52.1777 [Reserved]
52.1778 Significant deterioration of air quality.
52.1779 Control strategy: Ozone.
52.1780 VOC rule deficiency correction.
52.1781 Control strategy: Sulfur oxides and particulate matter.
52.1783 Original identification of plan section.
52.1784 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1785 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
Subpart JJ_North Dakota
52.1820 Identification of plan.
52.1821 Classification of regions.
52.1822 Approval status.
52.1823 [Reserved]
52.1824 Review of new sources and modifications.
52.1825 Federal implementation plan for regional haze.
52.1826-52.1828 [Reserved]
52.1829 Prevention of significant deterioration of air quality.
52.1831 Visibility protection.
52.1832 Stack height regulations.
52.1833 Section 110(a)(2) infrastructure requirements.
52.1834 Minor source permit to operate program.
52.1835 Change to approved plan.
52.1836 Change to approved plan.
52.1837 Original identification of plan section.
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 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
52.1883 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of sulfur dioxide?
[[Page 9]]
52.1884 Significant deterioration of air quality.
52.1885 Control strategy: Ozone.
52.1886 Visibility protection.
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.
52.1891 Section 110(a)(2) infrastructure requirements.
52.1892 Determination of attainment.
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 Best Available Retrofit Requirements (BART) for SO2
and Interstate pollutant transport provisions; What are the
FIP requirements for Units 4 and 5 of the Oklahoma Gas and
Electric Muskogee plant; Units 1 and 2 of the Oklahoma Gas and
Electric Sooner plant; and Units 3 and 4 of the American
Electric Power/Public Service Company of Oklahoma Northeastern
plant affecting visibility?
52.1924-52.1927 [Reserved]
52.1928 Visibility protection.
52.1929 Significant deterioration of air quality.
52.1930 Interstate pollutant transport provisions; What are the FIP
requirements for decreases in emissions of nitrogen oxides?
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.
52.1989 Interstate Transport for the 1997 8-hour ozone NAAQS and 1997
PM2.5 NAAQS.
52.1990 Interstate Transport for the 2006 24-hour PM2.5
NAAQS.
52.1991 Section 110(a)(2) infrastructure requirements.
52.1992-1219 [Reserved]
Subpart U_Maine
Sec. 52.1019 Identification of plan--conditional approval.
(a) 1997 PM2.5 NAAQS: The SIP submitted September 10,
2008, with a supplement submitted on June 1, 2011, is conditionally
approved for Clean Air Act (CAA) elements 110(a)(2)(A), (C) only as it
relates to the PSD program, (D)(i)(II) only as it relates to the PSD
program, (D)(ii), (E)(ii), and (J) only as it relates to the PSD
program. This conditional approval is contingent upon Maine taking
actions to meet requirements of these elements within one year of
conditional approval, as committed to in letters from the state to EPA
Region 1 dated June 13, 2012, and June 30, 2012.
(b) 2006 PM2.5 NAAQS: The SIP submitted July 27, 2009,
with a supplement submitted on June 1, 2011, is conditionally approved
for CAA elements 110(a)(2)(A), (C) only as it relates to the PSD
program, (D)(i)(II) only as it relates to the PSD program, (D)(ii),
(E)(ii), and (J) only as it relates to the PSD program. This conditional
approval is contingent upon Maine taking actions to meet requirements of
these elements within one year of conditional approval, as committed to
in letters from the state to EPA Region 1 dated June 13, 2012, and June
30, 2012.
[77 FR 63232, Oct. 16, 2012]
Sec. 52.1020 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for Maine under section 110 of the Clean Air Act, 42
U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality
standards or other requirements under the Clean Air Act.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to September
1, 2008, 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 submitted by the state to EPA, and
[[Page 10]]
notice of any change in the material will be published in the Federal
Register. Entries for paragraphs (c) and (d) of this section with EPA
approval dates after September 1, 2008, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 1 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated state
rules/regulations which have been approved as part of the State
Implementation Plan as of September 1, 2008.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, New England Regional
Office, 5 Post Office Square--Suite 100, Boston, MA 02109-3912; Air and
Radiation Docket and Information Center, EPA West Building, 1301
Constitution Ave., NW., Washington, DC 20460; and the National Archives
and Records Administration (NARA). If you wish to obtain materials from
a docket in the EPA Headquarters Library, please call the Office of Air
and Radiation (OAR) Docket/Telephone number (202) 566-1742. 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 Maine Regulations
----------------------------------------------------------------------------------------------------------------
State EPA Approval Date
State citation Title/Subject effective EPA approval date Explanations
date and citation \1\
----------------------------------------------------------------------------------------------------------------
Chapter 1....................... Regulations for the 05/20/1985 03/23/1993, 58 FR Portions of
Processing of 15422. Chapter 1. EPA
Applications. did not approve
the following
sections of
Chapter One:
Section 1(A)
through 1(Q), and
1(U) through
1(EE); Section 2;
Section 4 (C) and
(D); last
sentence of
Section 5(B);
last sentence of
Section 6(B);
Section 6(D);
Section 7(B)(1),
(B)(2), and
(B)(4) through
(B)(11); Section
8(A), and 8(E)
through 8(L);
Sections 9, 10
and 11; Section
13; and Sections
15 and 16.
Chapter 100..................... Definitions............. 12/01/2005 11/21/2007, 72 FR
65462.
Chapter 101..................... Visible Emissions....... 10/10/1979 02/17/1982, 47 FR
6829.
Chapter 102..................... Open Burning............ 03/17/2005 02/21/2008, 73 FR
9459.
Chapter 103..................... Fuel Burning Equipment 01/24/1983 02/26/1985, 50 FR
Particular Emission 7770.
Standard.
Chapter 104..................... Incinerator Particulate 01/31/1972 05/31/1972, 37 FR
Emission Standard. 10842.
Chapter 105..................... General Process Source 01/31/1972 05/31/1972, 37 FR
Particulate Emission 10842.
Standard.
Chapter 106..................... Low Sulfur Fuel 02/08/1978 01/08/1982, 47 FR
Regulations. 947.
Chapter 107..................... Sulfur Dioxide Emission 01/31/1972 05/31/1972, 37 FR
Standards for Sulfate 10842.
Pulp Mills.
Chapter 109..................... Emergency Episode 08/14/1991 01/12/1995, 60 FR
Regulation. 2885.
Chapter 110..................... Ambient Air Quality 07/24/1996 03/22/2004, 69 FR
Standards. 13227.
Chapter 111..................... Petroleum Liquid Storage 09/27/1989 02/03/1992, 57 FR
Vapor Control. 3946.
Chapter 112..................... Gasoline Bulk Terminals. 07/19/1995 10/15/1996, 61 FR
53636.
Chapter 113..................... Growth Offset Regulation 06/22/1994 02/14/1996, 61 FR
5690.
Chapter 114..................... Classification of Air 04/27/1994 08/30/1995, 60 FR Revision to Remove
Quality Control Regions. 45056. Presque Isle as
nonattainment for
PM10.
[[Page 11]]
Chapter 115..................... Emission License 06/22/1994 02/14/1996, 61 FR
Regulation. 5690.
Chapter 116..................... Prohibited Dispersion 10/25/1989 03/23/1993, 58 FR
Techniques. 15422.
Chapter 117..................... Source Surveillance..... 08/09/1988 03/21/1989, 54 FR
11524.
Chapter 118..................... Gasoline Dispensing 07/19/1995 10/15/1996, 61 FR
Facilities. 53636.
Chapter 119..................... Motor Vehicle Fuel 06/01/2000 03/06/2002, 67 FR Controls fuel
Volatility Limit. 10099. volatility in the
state. 7.8 psi
RVP fuel required
in 7 southern
counties.
Chapter 120..................... Gasoline Tank Trucks.... 06/22/1994 06/29/1995, 60 FR
33730.
Chapter 123..................... Control of Volatile 05/18/2010 05/22/2012, 77 FR
Organic Compounds from 30216..
Paper, Film, and Foil
Coating Operations.
Chapter 126..................... Capture Efficiency Test 05/22/1991 03/22/1993, 58 FR
Procedures. 15281.
Chapter 126 Appendix A.......... Capture Efficiency Test 05/22/1991 03/22/1993, 58 FR Appendix.
Procedures. 15281.
Chapter 127 and Appendix A...... New Motor Vehicle 12/31/2000 04/28/2005, 70 FR Including Appendix
Emission Standards. 21959. A. Low emission
vehicle program,
with no ZEV
requirements.
Program achieves
90% of full LEV
benefits. Chapter
127 Basis
Statement
included in the
nonregulatory
material.
Chapter 129..................... Surface Coating 04/16/2011 05/22/2012, 77 FR
Facilities. 30216..
Chapter 129 Appendix A.......... Surface Coating 01/06/1993 06/17/1994, 59 FR Appendix.
Facilities. 31154.
Chapter 130..................... Solvent Cleaners........ 06/17/2004 05/26/2005, 70 FR
30367.
Chapter 131..................... Cutback Asphalt and 09/15/2009 05/22/2012, 77 FR
Emulsified Asphalt. 30216..
Chapter 132..................... Graphic Arts: 01/06/1993 06/17/1994, 59 FR
Rotogravure and 31154.
Flexography.
Chapter 132 Appendix A.......... Graphic Arts: 01/06/1993 06/17/1994, 59 FR Appendix.
Rotogravure and 31154.
Flexography.
Chapter 133..................... Gasoline Bulk Plants.... 06/22/1994 06/29/1995, 60 FR
33730.
Chapter 134..................... Reasonably Available 02/08/1995 04/18/2000, 65 FR Regulations fully
Control Technology for 20749. approved for the
Facilities that Emit following
Volatile Organic counties: York,
Compounds. Sagadahoc,
Cumberland,
Androscoggin,
Kennebec, Knox,
Lincoln, Hancock,
Waldo, Aroostock,
Franklin, Oxford,
and Piscataquis.
Regulation
granted a limited
approval for
Washington,
Somerset, and
Penobscot
Counties.
Chapter 137..................... Emission Statements..... 07/06/2004 11/21/2007, 72 FR Revised to
65462. incorporate
changes required
by EPA's
consolidated
emissions
reporting rule.
The entire rule
is approved with
the exception of
HAP and
greenhouse gas
reporting
requirements
which were not
included in the
State's SIP
revision request.
[[Page 12]]
Chapter 138..................... Reasonably Available 08/03/1994 09/09/2002, 67 FR Affects sources in
Control Technology for 57148. York, Cumberland,
Facilities that Emit Sagadahoc,
Nitrogen Oxides. Androscoggin,
Kennebec,
Lincoln, and Knox
counties.
Chapter 139..................... Transportation 09/19/2007 02/08/2008, 73 FR
Conformity. 7465.
Chapter 141..................... Conformity of General 04/19/2007 02/20/2008, 73 FR
Federal Actions. 9203.
Chapter 145..................... NOX Control Program..... 06/21/2001 03/10/2005, 70 FR
11879.
Chapter 148..................... Emissions from Smaller- 07/15/2004 05/26/2005, 70 FR
Scale Electric 30373.
Generating Resources.
Chapter 150..................... Control of Emissions 4/11/2010 4/24/2012, 77 FR
from Outdoor Wood 24385.
Boilers.
Chapter 151..................... Architectural and 10/06/2005 03/17/2006, 71 FR
Industrial Maintenance 13767.
(AIM) Coatings.
Chapter 152..................... Control of Volatile 12/15/2007 05/22/2012, 77 FR
Organic Compounds from 30216..
Consumer Products.
Chapter 153..................... Mobile Equipment Repair 02/05/2004 05/26/2005, 70 FR
and Refinishing. 30367.
Chapter 155..................... Portable Fuel Container 07/14/2004 02/07/2005, 70 FR With the exception
Spillage Control. 6352. of the word
``or'' in
Subsection 7C
which Maine did
not submit as
part of the SIP
revision.
Chapter 161..................... Graphic Arts--Offset 04/06/2010 05/22/2012, 77 FR
Lithography and 30216..
Letterpress Printing.
Vehicle I/M..................... Vehicle Inspection and 07/09/1998 01/10/2001, 66 FR ``Maine Motor
Maintenance. 1871. Vehicle
Inspection
Manual,'' revised
in 1998, pages 1-
12 through 1-14,
and page 2-14,
D.1.g.
Vehicle I/M..................... Vehicle Inspection and 07/09/1998 01/10/2001, 66 FR Maine Motor
Maintenance. 1871. Vehicle
Inspection and
Maintenance
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.''
38 MRSA Sec. 603-A sub Sec. ``An Act To Improve 9/12/2009 4/24/2012, 77 FR Only approving
2(A). Maine's Air Quality and 24385. Sec. 1. 38 MRSA
Reduce Regional Haze at Sec. 603-A, sub-
Acadia National Park Sec. 2, (2)
and Other Federally Prohibitions.
Designated Class I
Areas''.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determing the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
(d) EPA-approved State Source specific requirements.
EPA-Approved Maine Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit number effective EPA approval Explanations
date date \2\
----------------------------------------------------------------------------------------------------------------
Central Maine Power, W.F. Wyman Department Finding of 01/01/1977 01/08/1982, 47
Station, Cousins Island, Yarmouth, Fact and Order Air FR 947
Maine. Emission License.
Lincoln Pulp and Paper Company, Air Emission License 03/09/1983 05/01/1985, 50
Kraft Pulp Mill, (Lincoln, Maine). Renewal; and New FR 18483
License for No. 6
Boiler.
[[Page 13]]
JJ Nissen Baking Company, Air Emission License A- 02/27/1997 04/18/2000, 65 VOC RACT Determination
Cumberland County, Portland Maine. 440-74-C-A. FR 20749 issued by Maine
Department of
Environmental
Protection (ME DEP)
on February 25, 1997.
Prime Tanning Company, York County, Air Emission License 03/23/1997 04/18/2000, 65 VOC RACT Determination
Berwick, Maine. Amendment 5 FR 20749 issued by ME DEP on
A-376-72-E-A. July 23, 1997.
Prime Tanning Company, York County, Air Emission License 10/28/1997 04/18/2000, 65 VOC RACT Determination
Berwick, Maine. Amendment 6 FR 20749 issued by ME DEP on
A-376-72-F-M. October 27, 1997.
Portsmouth Naval Shipyard, York Air Emission License 07/25/1997 04/18/2000, 65 VOC RACT Determination
County, Kittery, Maine. Amendment 4 FR 20749 issued by ME DEP on
A-452-71-F-M. July 25, 1997.
Dexter Shoe Company, Penobscot Air Emission License A- 12/05/1996 04/18/2000, 65 VOC RACT Determination
County, Dexter, Maine. 175-72-H-A/R. FR 20749 issued by ME DEP on
December 5, 1996.
Dexter Shoe Company, Penobscot Air Emission License 10/22/1997 04/18/2000, 65 VOC RACT Determination
County, Dexter, Maine. Amendment 1 FR 20749 issued by ME DEP on
A-175-71-I-M. October 20, 1997.
Pioneer Plastics Corporation, Air Emission License 06/16/1997 04/18/2000, 65 VOC RACT Determination
Androscoggin County, Auburn, Maine. Amendment 3 FR 20749 issued by ME DEP on
A-448-71-P-A. June 16, 1997.
Georgia Pacific Corporation, Air Emission License 01/05/1996 04/18/2000, 65 VOC RACT Determination
Washington County, Woodland, Maine. Minor Revision/ FR 20749 issued by ME DEP on
Amendment 10 January 4, 1996.
A-215-71-T-M.
Champion International Corporation, Air Emission License 01/19/1996 04/18/2000, 65 VOC RACT Determination
Hancock County, Bucksport, Maine. Amendment 5 FR 20749 issued by ME DEP on
A-22-71-K-A. January 18, 1996.
International Paper Company, Air Emission License 10/04/1995 04/18/2000, 65 VOC RACT Determination
Franklin County, Jay, Maine. Amendment 8 FR 20749 issued by ME DEP on
A-203-71-R-A. October 4, 1995.
International Paper Company, Air Emission License 12/13/1995 04/18/2000, 65 VOC RACT Determination
Franklin County, Jay, Maine. Amendment 9 FR 20749 issued by ME DEP on
A-203-71-S-M. December 13, 1995.
James River Corporation, Penobscot Air Emission License 12/11/1995 04/18/2000, 65 VOC RACT Determination
County, Old Town, Maine. Minor Revision/ FR 20749 issued by ME DEP on
Amendment 6 December 8, 1995.
A-180-71-R-M.
Lincoln Pulp and Paper Company, Air Emission License 12/19/1995 04/18/2000, 65 VOC RACT Determination
Penobscot County, Lincoln, Maine. Amendment 8 FR 20749 issued by ME DEP on
A-177-71-J-M. December 18, 1995.
S.D. Warren Paper Company, Air Emission License 12/19/1995 04/18/2000, 65 VOC RACT Determination
Cumberland County, Westbrook, Minor Revision/ FR 20749 issued by ME DEP on
Maine. Amendment 14 December 18, 1995.
A-29-71-Z-M.
S.D. Warren Paper Company, Somerset Air Emission License 10/04/1995 04/18/2000, 65 VOC RACT Determination
County, Skowhegan, Maine. Amendment 14 FR 20749 issued by ME DEP on
A-19-71-W-M. October 4, 1995.
S.D. Warren Paper Company, Somerset Air Emission License 01/10/1996 04/18/2000, 65 VOC RACT Determination
County, Skowhegan, Maine. Amendment 15 FR 20749 issued by ME DEP on
A-19-71-Y-M. January 9, 1996.
Boise Cascade Corporation, Oxford Air Emission License 12/21/1995 04/18/2000, 65 VOC RACT Determination
County, Rumford, Maine. Amendment 11 FR 20749 issued by ME DEP on
A-214-71-X-A. December 20, 1995.
Bath Iron Works Corporation, Departmental Finding 04/11/2001 05/20/2002, 67 VOC RACT determination
Sagadahoc County, Bath, Maine. of Fact and Order Air FR 35439 for Bath Iron Works.
Emission License
Amendment 10
A-333-71-M-M.
United Technologies Pratt & Departmental Finding 04/26/2001 05/20/2002, 67 VOC RACT determination
Whitney, York County, North of Fact and Order Air FR 35439 for Pratt & Whitney.
Berwick, Maine. Emission License
Amendment 6
A-453-71-N-M.
United Technologies Pratt & Departmental Finding 07/02/2001 05/20/2002, 67 VOC RACT determination
Whitney, York County, North of Fact and Order Air FR 35439 for Pratt & Whitney.
Berwick, Maine. Emission License
Amendment 7
A-453-71-O-M.
Moosehead Manufacturing Company, Departmental Finding 05/10/2001 05/20/2002, 67 VOC RACT determination
Piscataquis County, Dover- of Fact and Order Air FR 35439 for Moosehead
Foxcroft, Maine. Emission License Manufacturing's Dover-
Amendment 2 Foxcroft plant.
A-338-71-F-M.
[[Page 14]]
Moosehead Manufacturing Company, Departmental Finding 05/10/2001 05/20/2002, 67 VOC RACT determination
Piscataquis County, Monson, Maine. of Fact and Order Air FR 35439 for Moosehead
Emission License Manufacturing's
Amendment 2 Monson plant.
A-339-71-F-M.
Central Maine Power Company, W.F. Departmental Finding 05/18/1995 09/09/2002, 67 Case-specific NOX
Wyman Station, Cumberland County, of Fact and Order Air FR 57148 RACT. Air emission
Yarmouth, Maine. Emission License license A-388-71-C-A,
Amendment 1 Amendment 1,
A-388-71-C-A. condition (q) for FPL
Energy's (formerly
Central Maine Power)
W.F. Wyman Station.
Central Maine Power Company, W.F. Departmental Finding 02/16/1996 09/09/2002, 67 Case-specific NOX
Wyman Station, Cumberland County, of Fact and Order Air FR 57148 RACT. Air emission
Yarmouth, Maine. Emission License license A-388-71-D-M,
Amendment 1 amendment 1,
A-388-71-D-M. conditions 19 and 23
for FPL Energy's
(formerly Central
Maine Power) W.F.
Wyman Station.
Tree Free Fiber Company, LLC, Departmental Finding 06/12/1996 09/09/2002, 67 Case-specific NOX
Kennebec County, Augusta, Maine. of Fact and Order Air FR 57148 RACT. Air emission
Emission License license A-195-71-G-M,
Amendment 1 Amendment 1,
A-195-71-G-M. for Tree Free Fiber
Company, LLC,
(formerly Statler
Industries Inc.).
Tree Free Fiber Company, LLC, Departmental Finding 06/16/1995 09/09/2002, 67 Case-specific NOX
Kennebec County, Augusta, Maine. of Fact and Order Air FR 57148 RACT. Air emission
Emission License license A-195-71-D-A/
Amendment 1 R, section (II)(D),
A-195-71-D-A/R. 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.).
Pioneer Plastics Corporation, Departmental Finding 08/23/1995 09/09/2002, 67 Case-specific NOX
Androscoggin County, Auburn, Maine. of Fact and Order Air FR 57148 RACT. Air emission
Emission License A- license A-448-72-K-A/
448-72-K-A/R. R, paragraphs
(II)(D)(2),
(II)(D)(3) and
conditions (13)(f)
and 14(k) for Pioneer
Plastics Corporation.
Pioneer Plastics Corporation, Departmental Finding 03/10/1997 09/09/2002, 67 Case-specific NOX
Androscoggin County, Auburn, Maine. of Fact and Order Air FR 57148 RACT. Air emission
Emission License license A-448-71-O-M,
Amendment 2 Amendment 2,
A-448-71-O-M. condition (14)(k),
for Pioneer Plastics
Corporation.
Scott Paper Company, Kennebec Departmental Finding 11/15/1995 09/09/2002, 67 Case-specific NOX
County, Winslow, Maine. of Fact and Order Air FR 57148 RACT. Air emission
Emission License license A-188-72-E-A,
Amendment 2 Amendment 2,
A-188-72-E-A. conditions 8,
paragraph 1, and 9,
paragraphs 1, 2 and
4, for Scott Paper
Company.
The Chinet Company, Kennebec Departmental Finding 01/18/1996 09/09/2002, 67 Case-specific NOX
County, Waterville, Maine. of Fact and Order Air FR 57148 RACT. Air emission
Emission License A- license A-416-72-B-A,
416-72-B-A. conditions (l) 1, 2,
3a, 3b, 3c, 3e, and
(m) for The Chinet
Company.
FMC Corporation-Food Ingredients Departmental Finding 02/07/1996 09/09/2002, 67 Case-specific NOX
Division, Knox County, Rockland, of Fact and Order Air FR 57148 RACT. Air emission
Maine. Emission License license A-366-72-H-A,
Amendment 5 Amendment 5,
A-366-72-H-A. conditions 3, 4, 5,
7, 9, 11, 12, 15, 16,
and 18 for FMC
Corporation-Food
Ingredients Division.
Dragon Products Company, Inc., Knox Departmental Finding 06/05/1996 09/09/2002, 67 Case-specific NOX
County, Thomaston, Maine. of Fact and Order Air FR 57148 RACT.
Emission License
Amendment 5
A-326-72-N-A.
[[Page 15]]
Dragon Products Company, Inc., Knox Departmental Finding 03/05/1997 09/09/2002, 67 Case-specific NOX
County, Thomaston, Maine. of Fact and Order Air FR 57148 RACT.
Emission License
Amendment 7
A-326-71-P-M.
S.D. Warren Paper Company, Departmental Finding 06/12/1996 09/09/2002, 67 Case-specific NOX
Cumberland County, Westbrook, of Fact and Order Air FR 57148 RACT. Air emission
Maine. Emission License license A-29-71-Y-A,
Amendment 13 Amendment 13, conditions
(k)2, (k)3, (q)8 and
(p) for S.D. Warren
Company.
Mid-Maine Waste Action Corporation, Departmental Finding 10/16/1996 09/09/2002, 67 Case-specific NOX
Androscoggin County, Auburn, Maine. of Fact and Order Air FR 57148 RACT.
Emission License
Amendment 2
A-378-72-E-A.
Portsmouth Naval Shipyard, York Departmental Finding 10/21/1996 09/09/2002, 67 Case-specific NOX
County, Kittery, Maine. of Fact and Order Air FR 57148 RACT. Air emission
Emission License license A-452-71-D-A,
Amendment 2 Amendment 2,
A-452-71-D-A. conditions 3, 4, 5,
7, 9, 11, 16, 17, 18,
19, and 20 for
Portsmouth Naval
Shipyard.
Portsmouth Naval Shipyard, York Departmental Finding 07/25/1997 09/09/2002, 67 Case-specific NOX
County, Kittery, Maine. of Fact and Order Air FR 57148 RACT. Air emission
Emission License license A-452-71-F-M,
Amendment 4 Amendment 4,
A-452-71-F-M. condition 4 for
Portsmouth Naval
Shipyard.
Maine Energy Recovery Company, York Departmental Finding 11/12/1996 09/09/2002, 67 Case-specific NOX
County, Biddeford, Maine. of Fact and Order Air FR 57148 RACT.
Emission License
Amendment 4
A-46-71-L-A.
Katahdin Paper Company............. A-406-77-3-M.......... 7/8/2009 4/24/2012, 77 Approving license
FR 24385 conditions (16) A, B,
G, and H.
Rumford Paper Company.............. A-214-77-9-M.......... 1/8/2010 4/24/2012, 77
FR 24385
Verso Bucksport, LLC............... A-22-77-5-M........... 11/2/2010 4/24/2012, 77
FR 24385
Woodland Pulp, LLC................. A-214-77-2-M.......... 11/2/2010 4/24/2012, 77
FR 24385
FPL Energy Wyman, LLC & Wyman IV, A-388-77-2-M.......... 11/2/2010 4/24/2012, 77
LLC. FR 24385
S. D. Warren Company............... A-19-77-5-M........... 11/2/2010 4/24/2012, 77
FR 24385
Verso Androscoggin, LLC............ A-203-77-11-M......... 11/2/2010 4/24/2012, 77
FR 24385
Red Shield Environmental, LLC...... A-180-77-1-A.......... 11/29/2007 4/24/2012, 77
FR 24385
McCain Foods USA, Inc., Tatermeal Amendment 2 03/19/2003 05/22/2012, 77
Facility. of Air Emission FR 30216.
License A-459-72-B-R.
----------------------------------------------------------------------------------------------------------------
\2\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
(e) Nonregulatory.
Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal
Name of non regulatory SIP geographic or date/ EPA approved date Explanations
provision nonattainment area effective \3\
date
----------------------------------------------------------------------------------------------------------------
Impact of Projected Growth for Maine's Standard 06/26/1974 04/29/1975, 40 FR
Next 10 Years on Air Quality for Metropolitan 18726.
Maine Standard Metropolitan Statistical Areas.
Statistical Areas.
Incinerator Emission Standard-- Maine............... 05/21/1975 04/10/1978, 43 FR Revision to
Regulation Implementation Plan 14964. incinerator
Change, Findings of Fact and particulate
Order. emission standard
which would exempt
wood waste cone
burners from the
plan until 1980.
[[Page 16]]
Incinerator Emission Standard-- Maine............... 09/24/1975 04/10/1978, 43 FR Revision to
Regulation and Implementation 14964. incinerator
Plan Change, Findings of Fact particulate
and Order. emission standard
which would exempt
municipal waste
cone burners from
the plan until
1980.
Air Quality Surveillance......... Maine............... 03/10/1978 03/23/1979, 44 FR Revision to Chapter
17674. 5 of the SIP.
New Sources and Modifications.... Maine............... 03/10/1978 03/23/1979, 44 FR Revision to Chapter
17674. 6 of the SIP.
Review of New Sources and Maine............... 12/19/1979 01/30/1980, 45 FR Revision to Chapter
Modifications. 6784. 6 of the SIP.
Revisions to State Air Maine............... 03/28/1979 02/19/1980, 45 FR Includes Control
Implementation Plan as Required 10766. Strategies for
by the Federal Clean Air Act. Particulates,
Carbon Monoxide,
and ozone.
Plan for Public Involvement in Maine............... 05/28/1980 09/09/1980, 45 FR A plan to provide
Federally Funded Air Pollution 59314. for public
Control Activities. involvement in
federally funded
air pollution
control
activities.
Air Quality Surveillance......... Maine............... 07/01/1980 01/22/1981, 46 FR Revision to Chapter
6941. 5 of the SIP.
Attain and Maintain the NAAQS for Maine............... 11/05/1980 08/27/1981, 46 FR Control Strategy
Lead. 43151. for Lead. Revision
to Chapter 2.5.
Establishment of Air Quality Metropolitan 10/30/1975 01/08/1982, 47 FR Department Findings
Control Sub-Region. Portland Air 947. of Fact and Order--
Quality Control Sulfur Dioxide
Region. Control Strategy.
Sulfur Dioxide Control Strategy-- Portland-Peninsula 10/30/1975 01/08/1982, 47 FR Department Findings
Low Sulfur Fuel Regulation. Air Quality Control 947. of Fact and Order--
Region. Implementation
Plan Revision.
Letter from the Maine DEP Maine............... 06/03/1991 02/03/1992, 57 FR
documenting the December 1990 3046..
survey conducted to satisfy the
5 percent demonstration
requirement in order to justify
the 3500 gallon capacity cut-off
in Chapter 112.
Withdrawal of Air Emission Maine............... 10/03/1990 02/03/1992, 57 FR Department of
Licenses for: Pioneer Plastics; 3046. Environmental
Eastern Fine Paper; and S.D. Protection Letter
Warren, Westbrook. dated December 5,
1989, withdrawing
three source-
specific licenses
as of October 3,
1990.
Portions of Chapter 1 entitled Maine............... 02/08/1984 03/23/1993, 58 FR
``Regulations for the Processing 15422..
of Applications''.
Review of New Sources and Maine............... 11/06/1989 03/23/1993, 58 FR Revision to Chapter
Modifications. 15422. 6 of the SIP.
Letter from the Maine DEP Maine............... 05/01/1989 03/23/1993, 58 FR
regarding implementation of BACT. 15422..
Review of New Sources and Maine............... 11/02/1990 03/18/1994, 59 FR Revision to Chapter
Modifications. 12853. 6 of the SIP.
Joint Memorandum of Understanding City of Presque 03/11/1991 01/12/1995, 60 FR Part B of the MOU
(MOU) Among: City of Presque Isle, Maine. 2885. which the Maine
Isle; ME DOT and ME DEP. Department of
Environmental
Protection (ME
DEP) entered into
with the City of
Presque Isle, and
the Maine
Department of
Transportation (ME
DOT).
Maine State Implementation Plan City of Presque 08/14/1991 01/12/1995, 60 FR An attainment plan
to Attain the NAAQS for Isle, Maine. 2885. and demonstration
Particulate Matter (PM10) which outlines
Presque Isle Maine. Maine's control
strategy for
attainment of the
PM10 NAAQS and
implement RACM and
RACT requirements
for Presque Isle.
Memorandum of Understanding City of Presque 05/25/1994 08/30/1995, 60 FR Revisions to Part B
among: City of Presque Isle; ME Isle, Maine. 45056. of the MOU which
DOT and ME DEP. the ME DEP entered
into (and
effective) on May
25, 1994, with the
City of Presque
Isle, and the ME
DOT.
[[Page 17]]
Maintenance Demonstration and City of Presque 04/27/1994 08/30/1995, 60 FR A maintenance
Contingency Plan for Presque Isle, Maine. 45056. demonstration and
Isle. contingency plan
which outline
Main's control
strategy
maintenance of the
PM10 NAAQS and
contingency
measures and
provision for
Presque Isle.
Letter from the Maine DEP dated Maine............... 07/07/1994 09/12/1995, 60 FR Letter from the
July 7, 1994, submitting Small 47285. Maine Department
Business Technical Assistance of Environmental
Program. Protection
submitting a
revision to the
Maine SIP.
Revisions to the SIP for the Maine Statewide..... 05/12/1994 09/12/1995, 60 FR Revisions to the
Small Business Stationary Source 47285. SIP for the Small
Technical and Environmental Business
Compliance Assistance Program. Stationary Source
Technical and
Environmental
Compliance
Assistance Program
Dated July 12,
1994 and effective
on May 11, 1994.
Corrected page number 124 of the Maine............... 08/16/1994 09/12/1995, 60 FR Letter from ME DEP
Small Business Stationary Source 47285. dated August 16,
Technical and Environmental 1994 submitting a
Compliance Assistance Program corrected page to
SIP. the July 12, 1994
SIP revision.
Negative Declaration for Maine Statewide..... 11/15/1994 04/18/2000, 65 FR Letter from ME DEP
Synthetic Organic Chemical 20749. dated November 15,
Manufacturing Industry 1994 stating a
Distillation and Reactors negative
Control Technique Guideline declaration for
Categories. the Synthetic
Organic Chemical
Manufacturing
Industry
Distillation and
Reactors Control
Technique
Guideline
Categories.
Letter from the Maine Department Greater Portland 11/19/1998 01/10/2001, 66 FR Letter from the
of Environmental Protection Metropolitan 1875. Maine Department
regarding Control of Motor Statistical Area. of Environmental
Vehicle Pollution (Inspection Protection dated
and Maintenance Program). November 19, 1998
submitting a
revision to the
Maine SIP.
State of Maine Implementation Greater Portland 11/11/1998 01/10/2001, 66 FR Maine Motor Vehicle
Plan for Inspection/Maintenance Metropolitan 1875. Inspection and
dated November 11, 1998. Statistical Area. Maintenance
Program.
Letter from the Maine DEP Southern Maine...... 05/29/2001 03/06/2002, 67 FR Letter from the
submitting additional technical 10099. Maine Department
support and an enforcement plan of Environmental
for Chapter 119 as an amendment Protection dated
to the SIP. May 29, 2001
submitting
additional
technical support
and an enforcement
plan for Chapter
119 as an
amendment to the
State
Implementation
Plan.
Application for a Waiver of Southern Maine...... 05/25/2001 03/06/2002, 67 FR Additional
Federally-Preempted Gasoline 10099. technical support.
Standards.
Letter from the Maine DEP dated Maine............... 07/01/1997 09/09/2002, 67 FR Letter from the
July 1, 1997, submitting case- 57148. Maine Department
specific NOX RACT determinations. of Environmental
Protection
submitting a
revision to the
Maine SIP.
Letter from the Maine DEP dated Maine............... 10/09/1997 09/09/2002, 67 FR Letter from the
October 9, 1997, submitting case- 57148. Maine Department
specific NOX RACT determinations. of Environmental
Protection
submitting a
revision to the
Maine SIP.
Letter from the Maine DEP dated Maine............... 08/14/1998 09/09/2002, 67 FR Letter from the
August 14, 1998, submitting case- 57148. Maine Department
specific NOX RACT determinations. of Environmental
Protection
submitting a
revision to the
Maine SIP.
Chapter 127 Basis Statement...... Maine............... 12/31/2000 04/28/2005, 70 FR
21959.
[[Page 18]]
Correspondence from Maine DEP Maine............... 06/06/2006 11/21/2007, 72 FR Correspondence from
indicating which portions of 65462. David W. Wright of
Chapter 137 should not be the Maine DEP
incorporated into the State's indicating which
SIP. portions of
Chapter 137
Emission
Statements should
not be
incorporated into
the State's SIP.
State of Maine MAPA 1 form for Maine nonattainment 09/10/2007 02/08/2008, 73 FR Certification that
Chapter 139 Transportation areas, and 7465. the Attorney
Conformity. attainment areas General approved
with a maintenance the Rule as to
plan. form and legality.
Amendment to Chapter 141 Maine nonattainment 04/19/2007 02/20/2008, 73 FR Maine Department of
Conformity of General Federal areas, and 9203. Environmental
Actions. attainment areas Protection amended
with a maintenance its incorporation-
plan. by-reference
within Chapter
141.2 to reflect
EPA's revision to
the Federal
General Conformity
Rule for fine
particulate matter
promulgated on
July 17, 2006 (71
FR 40420-40427);
specifically 40
CFR 51.852
Definitions and 40
CFR 51.853
Applicability.
State of Maine MAPA 1 form for Maine............... 01/03/2003 02/21/2008, 73 FR Certification that
Chapter 102 Open Burning 9459. the Attorney
Regulation. General approved
the Rule as to
form and legality.
Submittal to meet Clean Air Act State of Maine...... January 3, July 8, 2011........ This action
Section 110(a)(2) Infrastructure 2008 76 FR 40258......... addresses the
Requirements for the 1997 8-Hour following Clean
Ozone National Ambient Air Air Act
Quality Standard. requirements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H),
(J), (K), (L), and
(M).
Maine Regional Haze SIP and its Statewide........... 12/9/2010 4/24/2012, 77 FR
supplements. supplements 24385.
submitted 9/
14/2011 11/9/
2011
Reasonably Available Control Statewide........... Submitted 08/ 05/22/2012, 77 FR
Technology Demonstration (RACT) 27/2009 30216..
for the 1997 8-hour Ozone
National Ambient Air Quality
Standard.
Submittal to meet Section Statewide........... 9/10/2008; 10/16/2012, 77 FR This submittal is
110(a)(2) Infrastructure supplement 63228. approved with
Requirements for the 1997 PM2.5 submitted 6/ respect to the
NAAQS. 1/2011 following CAA
elements or
portions thereof:
110(a)(2) (B), (C)
(enforcement
program only),
(D)(i)(I),
(D)(i)(II)
(visibility only),
(E)(i), (E)(iii),
(F), (G), (H), (J)
(consultation and
public
notification
only), (K), (L),
and (M).
Submittal to meet Section Statewide........... 7/27/2009; 10/16/2012, 77 FR This submittal is
110(a)(2) Infrastructure supplement 63228. approved with
Requirements for the 2006 PM2.5 submitted 6/ respect to the
NAAQS. 1/2011 following CAA
elements or
portions thereof:
110(a)(2) (B), (C)
(enforcement
program only),
(D)(i)(I),
(D)(i)(II)
(visibility only),
(E)(i), (E)(iii),
(F), (G), (H), (J)
(consultation and
public
notification
only), (K), (L),
and (M).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[73 FR 56973, Oct. 1, 2008, as amended at 76 FR 40257, July 8, 2011; 76
FR 49671, Aug. 11, 2011; 77 FR 24390, Apr. 24, 2012; 77 FR 30217, May
22, 2012; 77 FR 63232, Oct. 16, 2012]
Sec. 52.1021 Classification of regions.
The Maine plan was evaluated on the basis of the following
classifications:
[[Page 19]]
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Metropolitan Portland Intrastate.......................... I II III III III
Androscoggin Valley Interstate............................ IA IA III III III
Down East Intrastate...................................... IA IA III III III
Aroostook Intrastate...................................... III III III III III
Northwest Maine Intrastate................................ III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10870, May 31, 1972, as amended at 45 FR 10774, Feb. 19, 1980]
Sec. 52.1022 Approval status.
(a) 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.
(b)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in this subpart apply to stationary sources of
greenhouse gas (GHGs) emissions, the Administrator approves that
application only to the extent that GHGs are ``subject to regulation'',
as provided in this paragraph (b), and the Administrator takes no action
on that application to the extent that GHGs are not ``subject to
regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) the term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in 06-096 1. of
Chapter 100 of Maine's Bureau of Air Quality Control regulations) and a
significant net emissions increase (as defined in 06-096, paragraphs 89
and 144 A of Chapter 100 of Maine's Bureau of Air Quality Control
regulations) occur. For the pollutant GHGs, an emissions increase shall
be based on tpy CO2e, and shall be calculated assuming the
pollutant GHGs is a regulated NSR pollutant, and ``significant'' is
defined as 75,000 tpy CO2e instead of applying the value in
06-096, paragraphs 143 and 144 D of Chapter 100 of Maine's Bureau of Air
Quality Control regulations.
[75 FR 82555, Dec. 30, 2010]
[[Page 20]]
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.
(d) Approval. EPA is approving an exemption request from the
NOX requirements contained in Section 182(f) of the Clean Air
Act for northern Maine. The exemption request was submitted by the Maine
Department of Environmental Protection on March 24, 2005, and
supplemented on April 19 and June 28, 2005. This approval exempts major
sources of nitrogen oxides in Aroostook, Franklin, Oxford, Penobscot,
Piscataquis, Somerset, Washington, and portions of Hancock and Waldo
Counties from the requirements to implement controls meeting reasonably
available control technology under the Clean Air Act, and nonattainment
area new source review (NSR) for new sources and modifications. In Waldo
County, this area includes only the following towns: Belfast, Belmont,
Brooks, Burnham, Frankfort, Freedom, Jackson, Knox, Liberty,
Lincolnville, Monroe, Montville, Morrill, Northport, Palermo, Prospect,
Searsmont, Searsport, Stockton Springs, Swanville, Thorndike, Troy,
Unity, Waldo, and Winterport. In Hancock County, this area includes only
the following towns and townships: Amherst, Aurora, Bucksport, Castine,
Dedham, Eastbrook, Ellsworth, Franklin, Great Pond, Mariaville, Orland,
Osborn, Otis, Penobscot, Verona, Waltham, Oqiton Township (T4 ND), T3
ND, T39 MD, T40 MD, T41 MD, T32 MD, T34 MD, T35 MD, T28 MD, T22 MD, T16
MD, T8 SD, T9 SD, T10 SD, and T7 SD.
(e) Approval. EPA is approving a revision to the State
Implementation Plan submitted by the Maine Department of Environmental
Protection on June 9 and 13, 2005. The revision is for purposes of
satisfying the rate of progress requirements of section 182(b)(1) of the
Clean Air Act for the Portland Maine one-hour ozone nonattainment area.
(f) Approval. EPA is approving a revision to the State
Implementation Plan submitted by the Maine Department of Environmental
Protection on June 9, 13, and 14, 2005. The revision is for purposes of
satisfying the 5 percent increment of progress requirement of 40 CFR
51.905(a)(1)(ii)(B) for the Portland Maine eight-hour ozone
nonattainment area. The revision establishes motor vehicle emissions
budgets for 2007 of 20.115 tons per summer day (tpsd) of volatile
organic compound (VOC) and 39.893 tpsd of nitrogen oxide
(NOX) to be used in transportation conformity in the Portland
Maine 8-hour ozone nonattainment area.
(g) Approval. EPA is approving a redesignation request for the
Portland,
[[Page 21]]
Maine 8-hour ozone nonattainment area. Maine submitted this request on
August 3, 2006. The request contains the required Clean Air Act Section
175A maintenance plan. The plan establishes motor vehicle emissions
budgets for 2016 of 16.659 tons per summer day (tpsd) of volatile
organic compound and 32.837 tpsd of nitrogen oxide (NOX) to
be used in transportation conformity determinations in the Portland
area.
(h) Approval. EPA is approving a redesignation request for the
Hancock, Knox, Lincoln and Waldo Counties, Maine 8-hour ozone
nonattainment area. Maine submitted this request on August 3, 2006. The
request contains the required Clean Air Act Section 175A maintenance
plan. The plan establishes motor vehicle emissions budgets for 2016 of
3.763 tons per summer day (tpsd) of volatile organic compound and 6.245
tpsd of nitrogen oxide (NOX) to be used in transportation
conformity determinations in the Hancock, Knox, Lincoln and Waldo
Counties area.
(i) Approval: EPA is approving the 110(a)(1) 8-hour ozone
maintenance plans in the four areas of the state required to have a
110(a)(1) maintenance plan for the 8-hour ozone National Ambient Air
Quality Standard. These areas are as follows: portions of York and
Cumberland Counties; portions of Androscoggin County and all of Kennebec
County; portions of Knox and Lincoln Counties; and portions of Hancock
and Waldo Counties. These maintenance plans were submitted to EPA on
August 3, 2006.
[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995; 71
FR 5794, Feb. 3, 2006; 71 FR 14816, Mar. 24, 2006; 71 FR 71490, Dec. 11,
2006; 73 FR 5101, Jan. 29, 2008]
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:
York County......................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Cumberland County................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Sagadahoc County.................................... (\a\) (\b\) (\a\) (\a\) (\a\) (\g\)
Oxford Cnty. (Part) See 40 CFR 81.320............... (\a\) (\b\) (\a\) (\a\) (\a\) (\e\)
AQCR 111................................................ (\a\) (\b\) (\a\) (\a\) (\a\) (\a\)
----------------------------------------------------------------------------------------------------------------
\a\ Air quality levels presently below primary standards or area is unclassifiable.
\b\ Air quality levels presently below secondary standards or area is unclassifiable.
\c\ 12/31/94.
\d\ 11/15/94 (one-year extension granted).
\e\ 11/15/95.
\g\ 11/15/96.
[60 FR 33352, June 28, 1995]
[[Page 22]]
Sec. 52.1025 Control strategy: Particulate matter.
(a) The revisions to the control strategy resulting from the
modification to the emission limitations applicable to the sources
listed below or resulting from the change in the compliance date for
such sources with the applicable emission limitation is hereby approved.
All regulations cited are air pollution control regulations of the State
unless otherwise noted. (See Sec. 52.1023 for compliance schedule
approvals and disapprovals pertaining to one or more of the sources
below.)
------------------------------------------------------------------------
Regulation Date of
Source Location involved adoption
------------------------------------------------------------------------
All sources subject to Maine.......... 100.3.1(b)..... 3/29/73
Regulation 100.3.1(b) with
a maximum heat input from
three million up to but not
including ten million Btu
per hour.
------------------------------------------------------------------------
(b) The revision to the incinerator particulate emission standard
submitted on August 26, 1976 is disapproved because of provisions
therein which would interfere with the attainment and maintenance of
national ambient air quality standards.
(c) The revision to the incinerator particulate emission standard
submitted on November 18, 1976 is disapproved because of provisions
therein which would interfere with the attainment and maintenance of
national ambient air quality standards.
(d) The revision to the open burning regulation submitted on
December 7, 1976 is disapproved because of provisions therein which
would interfere with the attainment and maintenance of national ambient
air quality standards.
[38 FR 22474, Aug. 21, 1973, as amended at 43 FR 14964, Apr. 10, 1978;
43 FR 15424, Apr. 13, 1978; 47 FR 6830, Feb. 17, 1982]
Sec. 52.1026 Review of new sources and modifications.
The program to review operation and construction of new and modified
major stationary sources in non-attainment areas is approved as meeting
the requirements of part D as amended by the CAAA of 1990.
[45 FR 10775, Feb. 19, 1980, as amended at 61 FR 5694, Feb. 14, 1996]
Sec. 52.1027 Rules and regulations.
(a) Part D--Conditional Approval.
(b) Non-Part D--No Action. EPA is neither approving nor disapproving
the following elements of the revisions identified in Sec.
52.1020(C)(10):
(1) Intergovernmental consultation.
(2) Interstate pollution notification requirements.
(3) Public notification requirements.
(4) Conflict of Interest requirements.
(5) Permit fees.
[45 FR 10775, Feb. 19, 1980, as amended at 45 FR 59314, Sept. 9, 1980]
Sec. 52.1028 [Reserved]
Sec. 52.1029 Significant deterioration of air quality.
The program to review operation and construction of new and modified
major stationary sources in attainment areas is approved as meeting the
requirements of Part C.
[45 FR 6786, Jan. 30, 1980]
Sec. 52.1030 Control strategy: Sulfur oxides.
(a) The revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel
Regulation'' for the Metropolitan Portland Air Quality Control Region,
submitted by the Governor of Maine on August 25, 1977, is approved with
the exception of paragraph 100.6.5(b) which allows the Commissioner of
the Department of Environmental Protection to grant variances to
Regulation 100.6.
[47 FR 948, Jan. 8, 1982]
Sec. 52.1031 EPA-approved Maine regulations.
The following table identifies the State regulations which have been
submitted to and approved by EPA as revisions to the Maine State
Implementation Plan. This table is for informational purposes only and
does not have any independent regulatory effect. To determine regulatory
requirements for a specific situation consult the plan identified in
Sec. 52.1020. To the extent
[[Page 23]]
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
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.
100...... Definitions..... 12/1/2005 11/21/07 72 FR 65462...... (c)(62)... Revised to add definitions
associated with SIP
submittals made between 7/
19/95 and 12/1/05.
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)....... ..........................
102...... Open Burning.... 3/17/05 2/21/08 73 FR 9459....... (c)(61)...
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.
[[Page 24]]
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.
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.
[[Page 25]]
................ 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.
127...... New Motor 12/31/00 4/28/05 70 FR 21962...... (c)(58)... Low emission vehicle
Vehicle program, with no ZEV
Emission requirements. Program
Standards. achieves 90% of full LEV
benefits.
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.
130...... Solvent Cleaners 6/17/04 5/26/05 70 FR 30369...... (c)(54)...
131...... Cutback and 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Emulsified
Asphalt.
132...... Graphic Arts: 1/6/93 6/17/94 59 FR 31157...... (c)(33)...
Rotogravure and
Flexography.
133...... Gasoline Bulk 6/22/94 6/29/95 60 FR 33734...... 36........
Plants.
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.
[[Page 26]]
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.
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.
[[Page 27]]
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 Moosehead Manufacturing's
control Dover-Foxcroft plant.
technology for
facilities that
emit volatile
organic
compounds.
Reasonably 5/10/01 5/20/02 67 FR 35441...... (c)(51) VOC RACT determination for
available Moosehead Manufacturing's
control Monson plant.
technology for
facilities that
emit volatile
organic
compounds.
137...... Emission 12/17/04 11/21/07 72 FR 65462...... (c)(62)... Revised to incorporate
Statements. changes required by EPA's
consolidated emissions
reporting rule. The
entire rule is approved
with the exception of HAP
and greenhouse gas
reporting requirements
which were not included
in the state's SIP
revision request.
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.
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.
[[Page 28]]
139...... Transportation 9/19/07 2/08/08 73 FR 7465....... (c) 64....
Conformity.
141...... Conformity of 9/11/96 9/23/97 62 FR 49611...... (c)(44)... ``Chapter 141: Conformity
General Federal of General Federal
Actions. Actions''.
141........ Conformity of 4/19/07 2/20/08 73 FR 9203....... (c)(63)... Amendment to incorporate
General Federal new fine particulate
Actions. matter provisions.
145...... NOX Control 6/21/01 4/10/05 70 FR 11882...... (c)(56)...
Program.
148...... Emissions from 7/15/04 5/26/05 70 FR 30376...... (c)(55)...
Smaller-Scale
Electric
Generating
Resources.
151...... Architectural 10/06/05 3/17/06 71 FR 13767...... (c)(59)...
and Industrial
Maintenance
(AIM) Coatings.
152...... Control of 8/19/04 10/24/05 70 FR 61384...... (c)(57)...
Emissions of
Volatile
Organic
Compounds from
Consumer
Products.
153...... Mobile Equipment 2/5/04 5/26/05 70 FR
Repair and 30369(c)(54).
Refinishing.
155...... Portable Fuel 6/3/04 2/7/05 70 FR 6354....... (c)(53)... All of Chapter 155 is
Container approved with the
Spillage exception of the word
Control. ``or'' in Subsection 7C
which Maine did not
submit as part of the SIP
revision.
``Vehicle Vehicle 7/9/98 1/10/01 66 FR 1875....... (c)(48)... Maine Motor Vehicle
I/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]
Editorial Note: For Federal Register citations affecting Sec.
52.1031, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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
[[Page 29]]
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). An amendment to the 1990 base year emission
inventory for the Portland area was submitted on June 9, 2005. The 1990
base year emission inventory requirement of section 182(a)(1) of the
Clean Air Act, as amended in 1990, has been satisfied for these areas.
(b) The inventory is for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventory
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
(c) The Knox and Lincoln Counties nonattainment area is classified
as moderate. The Lewiston and Auburn nonattainment area is classified as
moderate and consists of Androscoggin and Kennebec Counties. The
Portland nonattainment area is classified as moderate and consists of
Cumberland, Sagadahoc and York Counties. The Hancock and Waldo Counties
nonattainment area is classified as attainment.
(d) The Governor's designee for the State of Maine submitted 1993
periodic year emission inventories for the Hancock and Waldo Counties
area on May 13, 1996 as a revision to the State Implementation Plan
(SIP). The 1993 periodic year emission inventory requirement of section
182(3)(A) of the Clean Air Act, as amended in 1990, has been satisfied
for the Hancock and Waldo counties area.
(e) On June 24, 1997, the Maine Department of Environmental
Protection submitted a revision to establish explicit year 2006 motor
vehicle emissions budgets [6.44 tons per summer day of VOC, and 8.85
tons per summer day of NOX] for the Hancock and Waldo
counties ozone maintenance area to be used in determining transportation
conformity.
(f) The Governor's designee for the State of Maine submitted a 2002
base year emission inventory for Cumberland, Sagadahoc, and York
counties, to represent emissions for the Portland 8-hour ozone
nonattainment area on June 9, 2005, as a revision to the State
Implementation Plan (SIP). The 2002 base year emission inventory
requirement of 40 CFR 51.915 has been satisfied for this area.
[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997; 71
FR 14816, Mar. 24, 2006]
Sec. 52.1037 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Maine'' and all revisions submitted by Maine that were
federally approved prior to September 1, 2008.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory changes to the plan submitted on
March 17, 1972, by the Environmental Improvement Commission for the
State of Maine.
(2) Regulation 10.8.4(g) establishing compliance schedules for
sources in Maine submitted on July 28, 1972, by the Environmental
Improvement Commission for the State of Maine.
(3) A revision removing fuel burning sources with a maximum heat
input from three million up to 10 million BTU/hr from the particulate
matter control strategy submitted on March 29, 1973, by the Governor.
(4) Changes in the Open Burning Regulation 100.2 submitted on
September 4, 1973, by the State of Maine Department of Environmental
Protection.
[[Page 30]]
(5) An AQMA proposal submitted on June 26, 1974, by the Governor.
(6) Revision to incinerator particulate emission standard, submitted
on August 26, 1976 by the Commissioner of the Maine Department of
Environmental Protection, which would exempt woodwaste cone burners from
the plan until 1980.
(7) Revision to incinerator particulate emission standard, submitted
on November 18, 1976 by the Commissioner of the Maine Department of
Environmental Protection, which would exempt municipal waste cone
burners from the plan.
(8) Revision to open burning regulation submitted on December 7,
1976 by the Commissioner of the Maine Department of Environmental
Protection.
(9) Revisions to Chapter 5--State Implementation Plan Air Quality
Surveillance, and Chapter 6--Revision of New Sources and Modifications,
submitted by the Governor on March 10, 1978.
(10) Plans to meet various requirements of the Clean Air Act,
including Part C, were submitted on May 1, 1979, October 26, 1979 and
December 20, 1979. Included in the revisions is a plan for review of
construction and operation of new and modified major stationary sources
of pollution in attainment areas.
(11) Attainment plans to meet the requirements of Part D and the
Clean Air Act, as amended in 1977, were submitted on May 1, 1979;
October 26, 1979; December 20, 1979; July 9, 1980; July 31, 1980;
December 18, 1980; March 17, 1981. Included are plans to attain: The
secondary TSP standard for Augusta, Thomaston, Bangor and Brewer; the
primary and secondary SO2 standard for Millinocket; the
carbon monoxide standard for Lewiston and Bangor and the ozone standard
for AQCRS 107 and 110. A program was also submitted for the review of
construction and operation of new and modified major stationary sources
of pollution in non-attainment areas. Certain miscellaneous provisions
are also included.
(12) A plan to provide for public involvement in federally funded
air pollution control activities was submitted on May 28, 1980.
(13) Revisions to Chapter 5--State Implementation Plan--Air Quality
Surveillance, intended to meet requirements of 40 CFR part 58, were
submitted by the Commissioner of the Maine Department of Environmental
Protection on July 1, 1980.
(14) Revisions to attain and maintain the NAAQS for lead were
submitted on August 7, and November 5, 1980.
(15) A revision to Regulation 100.6 (Chapter 106) ``Low Sulfur Fuel
Regulation'' for the Metropolitan Portland Air Quality Control Region,
submitted by the Governor of Maine on August 25, 1977.
(16) Department Regulation Chapter 112, Petroleum Liquid Transfer
Vapor Recovery, is amended to exempt the town of Searsport, Maine from
this regulation. This amendment was submitted by Henry E. Warren,
Commissioner of the Department of Environmental Protection on October
23, 1981, in order to meet Part D requirements for ozone.
(17) Regulatory revisions to the plan containing changes to Chapter
101 ``Visible Emissions Regulation'' submitted August 7, 1980.
(18) On May 12, 1982 and February 11, 1983 the Maine Department of
Environmental Protection submitted an emission limit contained in an air
emissions license which requires Pioneer Plastics, Auburn, Maine to
reduce its volatile organic compound emissions by at least 85%.
(19) On January 11, 1983 and March 29, 1984 and December 4, 1984 the
Maine Department of Environmental Protection submitted revisions to
Chapter 103 ``Fuel Burning Equipment Particulate Emission Standard.''
(20) A plan to attain the primary TSP standard in Lincoln,
consisting of particulate emission limitations contained in an air
emission license issued to the Lincoln Pulp and Paper Company, Inc.,
submitted by the Commissioner of the Maine Department of Environmental
Protection on December 18, 1984.
(21) A revision to approve the deletion of Thomaston from the list
of applicable municipalities in Maine regulation 29 M.R.S.A. Chapter
113, submitted by the Commissioner on February 20, 1986.
[[Page 31]]
(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.
(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
[[Page 32]]
Department of Environmental Protection on October 31, 1989.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 31, 1989 submitting revisions to the Maine State
Implementation Plan.
(B) The definition of volatile organic compounds in Chapter 100(76)
of the Maine Department of Environmental Protection's ``Definitions
Regulations'' effective in the State of Maine on October 3, 1989.
(C) Chapter 110(2) and Chapter 114 (II) and (III) of the Maine
Department of Environmental Protection's ``Ambient Air Quality
Standards'' and ``Classification of Air Quality Control Regions''
Regulations effective in the State of Maine on October 25, 1989. Note
that Millinocket remains designated as a nonattainment area for
SO2 until redesignated at 40 CFR 51.320.
(ii) Additional materials.
(A) A State Implementation Plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Nonregulatory portions of the state submittal.
(28) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 14 and October
22, 1991.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated August 14 and October 22, 1991 submitting revisions to the Maine
State Implementation Plan.
(B) Revisions to Chapter 109 of the Maine Department of
Environmental Protection Regulations, ``Emergency Episode Regulations,''
effective in the State of Maine on September 16, 1991.
(C) Part B of the Memorandum of Understanding which the Maine
Department of Environmental Protection (DEP) entered into (and
effective) on March 11, 1991, with the City of Presque Isle, and the
Maine Department of Transportation.
(ii) Additional materials.
(A) An attainment plan and demonstration which outlines Maine's
control strategy for attainment of the PM10 NAAQS and implements and
meets RACM and RACT requirements for Presque Isle.
(B) Nonregulatory portions of the submittal.
(29) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 16, 1990, September
5, 1990, and November 2, 1990.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated July 16, 1990, September 5, 1990, and November 2, 1990, submitting
revisions to the Maine State Implementation Plan.
(B) The definitions of actual emissions, baseline concentration, and
fuel burning equipment in Chapter 100(1), 100(9), and 100(29) of Maine's
``Definitions Regulation,'' Chapter 110(10) (except for Chapter
110(10)(C)(3)) of Maine's ``Ambient Air Quality Standards Regulation,''
Chapter 113(II)(A) of Maine's ``Growth Offset Regulation,'' and Chapter
115(I)(B), (VII)(A), (VII)(B)(3), and (VII)(D)(3) of Maine's ``Emission
License Regulations,'' effective in the State of Maine on July 10, 1990.
Note that the revised state statute which contains the underlying
authority to implement the NO2 increments became effective on
July 14, 1990.
(ii) Additional materials.
(A) A state implementation plan narrative contained in Chapter 6
entitled ``Review of New Sources and Modifications.''
(B) Nonregulatory portions of the state submittal.
(30) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on September 29, 1989,
December 5, 1989 and June 3, 1991.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated September 29, 1989, and June 3, 1991 submitting a revision to the
Maine State Implementation Plan.
(B) Chapter 111 ``Petroleum Liquid Storage Vapor Control'' and
Chapter 123 ``Paper Coater Regulation,'' effective in the state of Maine
on October 3, 1989.
[[Page 33]]
(C) Chapter 112 ``Petroleum Liquid Transfer Vapor Recovery,''
effective in the State of Maine on June 9, 1991.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated June 3, 1991 documenting the December 1990 survey conducted to
satisfy the 5 percent demonstration requirement in order to justify the
3500 gallon capacity cut-off in chapter 112.
(B) Letter from the Maine Department of Environmental Protection
dated December 5, 1989 requesting the withdrawal of operating permits
for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer
Plastics of Auburn incorporated by reference at 40 CFR 52.1020 (c)(11)
and (c)(18).
(C) Nonregulatory portions of the submittal.
(31) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on April 20, 1992.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated April 8, 1992 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 100(54)(b) ``particulate matter emissions,'' Chapter
100(57)(b) ``PM10 emissions,'' and revisions to Chapter
100(28) ``federally enforceable'' and to Chapter 100(76) ``volatile
organic compound (VOC)'' effective in the State of Maine on January 18,
1992.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(32) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 5, 1991.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated June 3, 1991 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 126 of the Maine Department of Environmental Protection
Regulations, ``Capture Efficiency Test Procedures'' effective in the
State of Maine on June 9, 1991.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(33) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 8, 1993.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 8, 1993, submitting a revision to the Maine State
Implementation Plan.
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on February 10, 1993.
(C) Chapter 129 of the Maine Department of Environmental Protection
Regulations, ``Surface Coating Facilities'' effective in the State of
Maine on February 10, 1993.
(D) Chapter 130 of the Maine Department of Environmental Protection
Regulations, ``Solvent Degreasers'' effective in the State of Maine on
February 10, 1993.
(E) Chapter 131 of the Maine Department of Environmental Protection
Regulations, ``Cutback and Emulsified Asphalt'' effective in the State
of Maine on February 10, 1993.
(F) Chapter 132 of the Maine Department of Environmental Protection
Regulations, ``Graphic Arts--Rotogravure and Flexography'' effective in
the State of Maine on February 10, 1993.
(G) Appendix A ``Volatile Organic Compounds Test Methods and
Compliance Procedures'' incorporated into Chapters 129 and 132 of the
Maine Department of Environmental Protection Regulations, effective in
the State of Maine on February 10, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(34) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on January 3, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated January 3, 1994 submitting a revision to the Maine State
Implementation Plan.
[[Page 34]]
(B) Revised Chapter 100 of the Maine Department of Environmental
Protection Regulations, ``Definitions'' effective in the State of Maine
on December 12, 1993.
(ii) Additional Information.
(A) Nonregulatory portions of the submittal.
(35) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 3, 1991, November
25, 1991, and July 6, 1994.
(i) Incorporation by reference.
(A) Letters from the Maine Department of Environmental Protection
dated June 3, 1991, November 25, 1991, and July 6, 1994 submitting a
revision to the Maine State Implementation Plan.
(B) Chapter 120 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Tank Truck Tightness Self-Certification,''
effective in the State of Maine on July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(36) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 6, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 6, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions,'' effective in the State of Maine on July
11, 1994, with the exception of the definitions of the following terms:
``curtailment,'' ``federally enforceable,'' ``major modification,'' ``
major source,'' ``nonattainment pollutant,'' ``shutdown,'' ``significant
emissions,'' and ``significant emissions increase.''
(C) Chapter 112 of the Maine Department of Environmental Protection
Regulations, ``Petroleum Liquids Transfer Vapor Recovery,'' effective in
the State of Maine on July 11, 1994.
(D) Chapter 118 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective
in the State of Maine on July 11, 1994.
(E) Chapter 133 of the Maine Department of Environmental Protection
Regulations, ``Petroleum Liquids Transfer Vapor Recovery at Bulk
Gasoline Plants,'' effective in the State of Maine on July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(37) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 12, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Maine's Chapter 100 entitled, ``Definition Regulations.'' This
regulation was effective in the State of Maine on July 11, 1994.
(C) Maine's Chapter 113 entitled, ``Growth Offset Regulation.'' This
regulation was effective in the State of Maine on July 11, 1994.
(D) Maine's Chapter 115 entitled, ``Emission License Regulation,''
except for Section 115(VII)(E) of this Chapter and all references to
this Section. This regulation was effective in the State of Maine on
July 11, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(38) Revisions to the State Implementation Plan establishing a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program were submitted by the Maine Department of
Environmental Protection on July 7, and August 16, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 7, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Revisions to the State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
(C) Letter from the Maine Department of Environmental Protection
[[Page 35]]
dated August 16, 1994 submitting a corrected page to the July 12, 1994
SIP revision.
(39) [Reserved]
(40) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on June 1, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated June 1, 1994 submitting revisions to the Maine State
Implementation Plan.
(B) Revisions to Chapter 114 of the Maine Department of
Environmental Protection Regulations, ``Classification of Air Quality
Control Regions,'' adopted by the Board of Environmental Protection on
April 27, 1994 and accepted by the Secretary of State with an effective
date of May 9, 1994.
(C) Revisions to Part B of the Memorandum of Understanding which the
Maine Department of Environmental Protection (DEP) entered into (and
effective) on May 25, 1994, with the City of Presque Isle, and the Maine
Department of Transportation.
(ii) Additional materials.
(A) A maintenance demonstration and contingency plan which outline
Maine's control strategy for maintenance of the PM10 NAAQS
and contingency measures and provision for Presque Isle.
(B) Nonregulatory portions of the submittal.
(41) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 5, 1994 related
to NOX controls in Oxford, Franklin, Somerset, Piscataquis,
Penobscot, Washington, Aroostook, Hancock and Waldo Counties.
(i) Incorporation by reference.
(A) A Letter from the Maine Department of Environmental Protection
dated August 5, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 138 of the Maine DEP's regulations, ``Reasonably
Available Control Technology for Facilities that Emit Nitrogen Oxides''
for sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot,
Washington, Aroostook, Hancock and Waldo Counties (excepted portions
include Sections 1.A.1. and 3.B.). This rule was effective August 3,
1994.
(42) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 24, 1995.
(i) Incorporation by reference.
(A) Two letters from the Maine Department of Environmental
Protection dated July 24, 1995 submitting revisions to the Maine State
Implementation Plan.
(B) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions Regulation,'' definition of ``volatile
organic compounds (VOC)'' effective in the State of Maine on July 25,
1995.
(C) Chapter 112 of the Maine Department of Environmental Protection
Regulations, ``Bulk Terminal Petroleum Liquid Transfer Requirements,''
effective in the State of Maine on July 25, 1995.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(43) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 24, 1995.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 24, 1995 submitting a revision to the Maine State
Implementation Plan.
(B) Chapter 118 of the Maine Department of Environmental Protection
Regulations, ``Gasoline Dispensing Facilities Vapor Control,'' effective
in the State of Maine on July 25, 1995.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated May 6, 1996.
(B) Nonregulatory portions of the submittal.
(44) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 11, 1996.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated October 11, 1996 submitting a revision to the Maine State
Implementation Plan.
[[Page 36]]
(B) Chapter 141 of the Maine Department of Environmental Protection
Air Regulation entitled, ``Conformity of General Federal Actions,''
effective in the State of Maine on September 28, 1996.
(45) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on April 28, 1995, January
10, 1996, July 1, 1997, October 9, 1997, November 14, 1997, and December
10, 1997.
(i) Incorporation by reference.
(A) Chapter 134 of the Maine Department of Environmental Protection
regulations entitled ``Reasonably Available Control Technology for
Facilities that Emit Volatile Organic Compounds,'' effective in the
State of Maine on February 15, 1995, is granted a full approval for the
following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec,
Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and
Piscataquis. This rule is granted a limited approval for Washington,
Somerset, and Penobscot Counties.
(B) License Amendment 5 issued by the Maine Department of
Environmental Protection to Prime Tanning Company on July 23, 1997.
(C) License Amendment 6 issued by the Maine Department of
Environmental Protection to Prime Tanning Company on October 27, 1997.
(D) License issued by the Maine Department of Environmental
Protection to JJ Nissen Baking Company on February 25, 1997.
(E) License Amendment 4 issued by the Maine Department of
Environmental Protection to Portsmouth Naval Shipyard on July 25, 1997.
(F) License issued by the Maine Department of Environmental
Protection to Dexter Shoe Company on December 5, 1996.
(G) License Amendment 1 issued by the Maine Department of
Environmental Protection to Dexter Shoe Company on October 20, 1997.
(H) License Amendment 3 issued by the Maine Department of
Environmental Protection to Pioneer Plastics Corporation on June 16,
1997.
(I) License Amendment 10 issued by the Maine Department of
Environmental Protection to Georgia Pacific Corporation on January 4,
1996.
(J) License Amendment 5 issued by the Maine Department of
Environmental Protection to Champion International Corporation on
January 18, 1996.
(K) License Amendment 8 issued by the Maine Department of
Environmental Protection to International Paper Company on October 4,
1995.
(L) License Amendment 9 issued by the Maine Department of
Environmental Protection to International Paper Company on December 13,
1995.
(M) License Amendment 6 issued by the Maine Department of
Environmental Protection to James River Corporation on December 8, 1995.
(N) License Amendment 8 issued by the Maine Department of
Environmental Protection to Lincoln Pulp and Paper Co. on December 18,
1995.
(O) License Amendment 14 issued by the Maine Department of
Environmental Protection to S.D. Warren Paper Company's Westbrook, Maine
facility on December 18, 1995.
(P) License Amendment 14 issued by the Maine Department of
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine
facility on October 4, 1995.
(Q) License Amendment 15 issued by the Maine Department of
Environmental Protection to S.D. Warren Paper Company's Skowhegan, Maine
facility on January 9, 1996.
(R) License Amendment 11 issued by the Maine Department of
Environmental Protection to Boise Cascade Corporation on December 20,
1995.
(ii) Additional materials.
(A) Letter from the Maine Department of Environmental Protection
dated November 15, 1994 stating a negative declaration for the Synthetic
Organic Chemical Manufacturing Industry Distillation and Reactors
Control Technique Guideline categories.
(B) Nonregulatory portions of the submittal.
(46) 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
[[Page 37]]
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 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.
[[Page 38]]
(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]
(53) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on December 29, 2003,
October 22, 2004, and December 9, 2004.
(i) Incorporation by reference.
(A) Chapter 155 of the Maine Department of Environmental Protection
Regulations, ``Portable Fuel Container Spillage Control,'' effective in
the State of Maine on July 14, 2004, with the exception of the word
``or'' in Subsection 7C which Maine did not submit as part of the SIP
revision.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(54) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on March 8, 2004, and June
28, 2004.
(i) Incorporation by reference.
(A) Chapter 153 of the Maine Department of Environmental Protection
Regulations, ``Mobile Equipment Repair and Refinishing,'' effective in
the State of Maine on February 25, 2004.
(B) Chapter 130 of the Maine Department of Environmental Protection
Regulations, ``Solvent Cleaners,'' effective in the State of Maine on
June 28, 2004.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(55) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 29, 2004.
(i) Incorporation by reference.
(A) Chapter 148 of the Maine Department of Environmental Protection
Regulations, ``Emissions from Smaller-Scale Electric Generating
Resources''
[[Page 39]]
effective in the State of Maine on August 9, 2004.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(56) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on February 12, 2004.
(i) Incorporation by reference.
(A) Chapter 145 of the Maine Department of Environmental Protection
Regulations, ``NOX Control Program,'' effective in the State
of Maine on July 22, 2001.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(57) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on August 27, 2004, and
September 8, 2004.
(i) Incorporation by reference.
(A) Chapter 152 of the Maine Department of Environmental Protection
Regulations, ``Control of Emissions of Volatile Organic Compounds from
Consumer Products,'' effective in the State of Maine on September 1,
2004.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(58) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on February 25, 2004 and
December 9, 2004 submitting Maine's Low Emission Vehicle Program.
(i) Incorporation by reference.
(A) Chapter 127 of the Maine Department of Environmental Protection
rules entitled ``New Motor Vehicle Emission Standards'' with an
effective date of December 31, 2000, including the Basis Statements and
Appendix A.
(59) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on December 3, 2004,
January 5, 2005, October 31, 2005, and November 9, 2005.
(i) Incorporation by reference.
(A) Chapter 151 of the Maine Department of Environmental Protection
Regulations, ``Architectural and Industrial Maintenance (AIM)
Coatings,'' effective in the State of Maine on November 1, 2005.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(60) [Reserved]
(61) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on April 27, 2005.
(i) Incorporation by reference.
(A) Chapter 102 of Maine Department of Environmental Protection
Rules, entitled ``Open Burning,'' effective in the State of Maine on
April 25, 2005.
(B) State of Maine MAPA 1 form which provides certification that the
Attorney General approved the rule as to form and legality, dated April
12, 2005.
(62) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on July 14, 2004, and
February 8, 2006.
(i) Incorporation by reference.
(A) Chapter 100 of the Maine Department of Environmental Protection
Regulations, ``Definitions,'' effective in the State of Maine December
24, 2005.
(B) Chapter 137 of the Maine Department of Environmental Protection
Regulations, ``Emission Statements,'' effective in the State of Maine on
July 6, 2004, with the exception of the following sections which the
state did not include in its SIP revision request: section 137.1.C;
section 137.1.E; section 137.1.F; section 137.2.A through F; section
137.2.H; section 137.3.B; section 137.3.C; section 137.4.D(4), from the
sentence beginning with ``Greenhouse gases'' to the end of this section;
the note within section 137.D(5); section 137(E), and; Appendix A.
(ii) Additional materials.
(A) Nonregulatory portions of these submittals.
(B) Correspondence from David W. Wright of the Maine DEP dated June
6, 2006, indicating which portions of Chapter 137 should not be
incorporated into the State's SIP.
(63) Revision to Chapter 141 ``Conformity of General Federal
Actions,'' submitted by the Maine Department of Environmental Protection
on June 29, 2007 and effective in the State of Maine on May 21, 2007.
(i) Incorporation by reference.
[[Page 40]]
(A) Chapter 141 ``Conformity of General Federal Actions'' 1.
Definition. Effective in the State of Maine on May 21, 2007.
(ii) Additional Materials.
(A) Chapter 141 ``Conformity of General Federal Actions,'' 2.
Conformity to State and Federal Implementation Plans. The Maine
Department of Environmental Protection amended its incorporation-by-
reference within Chapter 141.2 to reflect EPA's revision to the Federal
General Conformity Rule for fine particulate matter promulgated on July
17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and
40 CFR 51.853 Applicability.
(64) Revisions to the State Implementation Plan submitted by the
Maine Department of Environmental Protection on October 3, 2007.
(i) Incorporation by reference.
(A) Maine Administrative Procedure Act (MAPA) 1 Form which provides
certification that the Attorney General approved Chapter 139
``Transportation Conformity,'' as to form and legality, dated September
10, 2007.
(B) Chapter 139 of the Maine Department of Environmental Protection
Regulations, ``Transportation Conformity,'' effective in the State of
Maine on September 19, 2007.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
[37 FR 10870, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.1037, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Subpart V_Maryland
Sec. 52.1070 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Maryland under section 110 of the Clean Air Act,
42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality
standards.
(b) Incorporation by reference. (1) Material listed as incorporated
by reference in paragraphs (c) and (d) 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. The material incorporated is 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 on or
after August 1, 2011 will be incorporated by reference in the next
update to the SIP compilation.
(2)(i) EPA Region III certifies that the rules and regulations
provided by EPA at the addresses in paragraph (b)(3) of this section are
an exact duplicate of the officially promulgated State rules and
regulations which have been approved as part of the State implementation
plan as of August 1, 2011.
(ii) EPA Region III certifies that the source-specific requirements
provided by EPA at the addresses in paragraph (b)(3) of this section are
an exact duplicate of the officially promulgated source-specific
requirements which have been approved in the notebook ``40 CFR
52.1070(d)--Source-Specific Requirements'' as part of the State
implementation plan as of December 1, 2008. No additional revisions were
made since between December 1, 2008 and August 1, 2011.
(3) Copies of the materials incorporated by reference may be
inspected at the EPA Region III Office at 1650 Arch Street,
Philadelphia, PA 19103. For further information, call (215) 814-2108;
the EPA, Air and Radiation Docket and Information Center, Room Number
3334, EPA West Building, 1301 Constitution Avenue NW, Washington, DC
20460. For further information, call (202) 566-1742; 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.
[[Page 41]]
(c) EPA approved regulations.
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Code of Maryland
Administrative State effective Additional
Regulations (COMAR) Title/subject date EPA approval date explanation/citation
citation at 40 CFR 52.1100
----------------------------------------------------------------------------------------------------------------
26.11.01 General Administrative Provisions
----------------------------------------------------------------------------------------------------------------
26.11.01.01............ Definitions........... 9/20/10 2/22/11 76 FR 9650 1. Exceptions:
Paragraphs .01B(3),
(13), (21) through
(23), (25); all of
section .01C. 2.
Revision to
paragraph .01B(17).
The SIP effective
date is 4/25/11
26.11.01.01............ Definitions........... 3/5/12 2/28/13, 78 FR 13497 Revised .01B(6-1) and
.01B(37).
26.11.01.02............ Relationship of 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1).
Provisions in this
Subtitle.
26.11.01.03............ Delineation of Areas.. 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1).
26.11.01.04............ Testing and Monitoring 3/5/12 1/25/13, 78 FR 5290 Amended section 04C.
26.11.01.05............ Records and 6/30/97, 12/10/ 5/28/02, 67 FR 36810 (c)(172).
Information. 01
26.11.01.05-1.......... Emission Statements... 12/7/92 10/12/94, 59 FR 51517 (c)(109).
26.11.01.06............ Circumvention......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1).
26.11.01.07............ Malfunctions and Other 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(1).
Temporary Increases
in Emissions.
26.11.01.08............ Determination of 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5).
Ground Level
Concentrations--Accep
table Techniques.
26.11.01.09............ Vapor Pressure of 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5)
Gasoline.
26.11.01.10............ Continuous Emission 7/22/91 2/28/96, 61 FR 7418 (c)(106); TM90-01 was
Monitoring (CEM) approved as
Requirements. ``additional
material'', but not
IBR'd.
----------------------------------------------------------------------------------------------------------------
26.11.02 Permits, Approvals, and Registration
----------------------------------------------------------------------------------------------------------------
26.11.02.01............ Definitions........... 5/8/95 2/27/03, 68 FR 9012 (c)(182);
Exceptions:26.11.02.
01B(1), (1-1), (4)-
(6), (10), (15),
(16), (22), (29)-
(33), (37),(39),
(42), (46), (49),
(50), (54)
26.11.02.01............ Definitions........... 3/5/12 2/28/13, 78 FR 13497 Revised .01B(44) and
.01C(1).
26.11.02.02............ General Provisions.... 5/8/95 2/27/03, 68 FR 9012 (c)(182); Exception:
.02D.
26.11.02.03............ Federally Enforceable 5/8/95 2/27/03, 68 FR 9012 (c)(182).
Permits to Construct
and State Permits to
Operate.
26.11.02.04............ Duration of Permits... 5/8/95 2/27/03, 68 FR 9012 (c)(182); Exception:
.04C(2).
26.11.02.05............ Violation of Permits 5/8/95 2/27/03, 68 FR 9012 (c)(182).
and Approvals.
26.11.02.06............ Denial of Applications 5/8/95, 6/16/97 2/27/03, 68 FR 9012 (c)(182).
for State Permits and
Approvals.
26.11.02.07............ Procedures for 5/8/95 2/27/03, 68 FR 9012 (c)(182).
Denying, Revoking, or
Reopening and
Revising a Permit or
Approval.
26.11.02.08............ Late Applications and 5/8/95 2/27/03, 68 FR 9012 (c)(182).
Delays in Acting on
Applications.
26.11.02.09............ Sources Subject to 11/16/09 2/10/12, 77 FR 6963 Revised
Permits to Construct 26.11.02.09A(1),
and Approvals. (2); limited
approval.
26.11.02.10............ Sources Exempt from 8/11/11 6/12/12 Revised .10X
Permits to Construct 77 FR 34808
and Approvals.
26.11.02.11............ Procedures for 5/8/95, 6/16/97 2/27/03, 68 FR 9012 (c)(182); Exception:
Obtaining Permits to .11C.
Construct Certain
Significant Sources.
26.11.02.12............ Procedures for 5/16/11 8/2/12, 77 FR 45949 Added .12A(2)
Obtaining Approvals
of PSD Sources and
NSR Sources, Permits
to Construct, Permit
to Construct MACT
Determinations On a
Case-by-Case Basis in
Accordance with 40
CFR part 63, subpart
B, and Certain 100-
Ton Sources.
[[Page 42]]
26.11.02.13............ Sources Subject to 5/8/95 2/27/03, 68 FR 9012 (c)(182).
State Permits to
Operate.
26.11.02.14............ Procedures for 5/8/95, 6/16/97 2/27/03, 68 FR 9012 (c)(182).
Obtaining State
Permits to Operate
and Permits to
Construct Certain
Sources and Permits
to Construct Control
Equipment on Existing
Sources.
----------------------------------------------------------------------------------------------------------------
26.11.04 Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
26.11.04.02............ Ambient Air Quality 9/17/12 2/11/13, 78 FR 9593
Standards,
Definitions,
Reference Conditions,
and Methods of
Measurement.
26.11.05 Air Quality Episode System
----------------------------------------------------------------------------------------------------------------
26.11.05.01............ Definitions........... 6/18/90 4/14/94, 59 FR 17698 (c)(100).
26.11.05.02............ General Requirements.. 6/18/90 4/14/94, 59 FR 17698 (c)(100).
26.11.05.03............ Air Pollution Episode 6/18/90 4/14/94, 59 FR 17698 (c)(100).
Criteria.
26.11.05.04............ Standby Emissions 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(4).
Reduction Plan.
26.11.05.05............ Control Requirements 6/18/90 4/14/94, 59 FR 17698 (c)(100).
and Standby Orders.
26.11.05.06............ Tables................ 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(4).
----------------------------------------------------------------------------------------------------------------
26.11.06 General Emissions Standards, Prohibitions, and Restrictions
----------------------------------------------------------------------------------------------------------------
26.11.06.01............ Definitions........... 5/8/91 11/29/94, 59 FR 60908 (c)(102)(i)(B)(14).
26.11.06.02 [Except: Visible Emissions..... 11/24/03 8/1/07, 72 FR 41891 Revised paragraph
.02A(1)(e), (1)(g), 26.11.06.02A(2).
(1)(h), (1)(i)].
26.11.06.03............ Particulate Matter.... 11/11/02 8/6/03, 68 FR 46487 (c)(181).
26.11.06.04............ Carbon Monoxide in 1/5/88; 4/7/93, 58 FR 18010 (c)(92).
Areas III and IV. recodified,
8/1/88
26.11.06.05............ Sulfur Compounds from 11/11/02 8/6/03, 68 FR 46487 (c)(181).
Other than Fuel
Burning Equipment.
26.11.06.06............ Volatile Organic 9/22/97 5/7/01, 66 FR 22924 (c)(156) Note: On 2/
Compounds. 27/03 (68 FR 9012),
EPA approved a
revised rule
citation with a
State effective date
of 5/8/95
[(c)(182)(i)(C)].
26.11.06.10............ Refuse Burning 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5).
Prohibited in Certain
Installations.
26.11.06.14............ Control of PSD Sources 3/5/12 2/28/13, 78 FR 13497 Revised .14B(1).
26.11.06.15............ Nitrogen Oxides from 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5).
Nitric Acid Plants.
26.11.06.16............ Tables................ 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(5).
----------------------------------------------------------------------------------------------------------------
26.11.07 Open Fires
----------------------------------------------------------------------------------------------------------------
26.11.07.01............ Definitions........... 5/22/95 6/11/02, 67 FR 39856 (c)(173).
26.11.07.02............ General............... 5/22/95 2/25/97, 62 FR 8380 (c)(120).
26.11.07.03............ Control Officer May 8/11/97 6/11/02, 67 FR 39856 (c)(173).
Authorize Certain
Open Fires.
26.11.07.04............ Public Officers May 5/22/95 2/25/97, 62 FR 8380 (c)(120).
Authorize Certain
Fires.
26.11.07.05............ Open Fires Allowed 5/22/95 2/25/97, 62 FR 8380 (c)(120) .05A(3) &
Without Authorization (4), and .05B(3) are
of Control Officer or State-enforceable
Public Officer. only.
26.11.07.06............ Safety Determinations 8/11/97 6/11/02, 67 FR 39856 (c)(173).
at Federal Facilities.
----------------------------------------------------------------------------------------------------------------
[[Page 43]]
10.18.08/26.11.08 Control of Incinerators
----------------------------------------------------------------------------------------------------------------
10.18.08/26.11.08.01... Definitions........... 9/12/05 9/15/08, 73 FR 53130 Definition of
``crematory'' is
added.
10.18.08.02............ Applicability......... 7/18/80 8/5/81, 46 FR 39818 (c)(45).
10.18.08.03............ Prohibition of Certain 6/8/81 5/11/82, 47 FR 20126 (c)(58).
Incinerators in Areas
III and IV.
10.18.08/26.11.08.04... Visible Emissions..... 11/24/03 8/1/07, 72 FR 41891 Revised paragraph
26.11.08.04C.
10.18.08/26.11.08.05... Particulate Matter.... 9/12/05 9/15/08, 73 FR 53130 Sections .05A(3) and
.05B(2)(a) are
revised.
10.18.08.06............ Prohibition of 3/25/84 7/2/85, 50 FR 27245 (c)(82).
Unapproved Hazardous
Waste Incinerators.
----------------------------------------------------------------------------------------------------------------
26.11.09Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning
Installations
----------------------------------------------------------------------------------------------------------------
26.11.09.01............ Definitions........... 9/20/10 2/22/11 76 FR 9650 Revision removes
definition of ``fuel-
burning equipment.''
The SIP effective
date is 4/25/11.
26.11.09.02............ Applicability......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(7).
26.11.09.03............ General Conditions for 6/21/04 7/6/05, 70 FR 38774 Revised paragraphs
Fuel Burning 26.11.09.03C(1) and
Equipment. .03C(2).
26.11.09.04............ Prohibition of Certain 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(7).
New Fuel Burning
Equipment.
26.11.09.05............ Visible Emissions..... 11/24/03 8/1/07, 72 FR 41891 Revised paragraph
26.11.09.05A(3).
26.11.09.06............ Control of Particulate 6/21/04 7/6/05, 70 FR 38774 Addition of paragraph
Matter. 26.11.09.06C.
26.11.09.07............ Control of Sulfur 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(7).
Oxides from Fuel
Burning Equipment.
26.11.09.08............ Control of NOX 11/24/03 9/20/04, 69 FR 56170 (c)(191).
Emissions for Major
Stationary Sources.
26.11.09.09............ Tables and Diagrams... 11/11/02 5/1/03, 68 FR 23206 (c)(183); Revised
Table 1.
----------------------------------------------------------------------------------------------------------------
26.11.10 Control of Iron and Steel Production Installations
----------------------------------------------------------------------------------------------------------------
26.11.10.01............ Definitions........... 12/25/00 11/7/01, 66 FR 56222 (c)(163).
26.11.10.02............ Applicability......... 11/2/98 9/7/01, 66 FR 46727 (c)(153).
26.11.10.03............ Visible Emissions..... 6/29/09 7/27/2012 77 FR 44146 Revised paragraphs A.
and D. of
26.11.10.03 for
Sintering Plants.
26.11.10.04............ Control of Particulate 11/2/98 9/7/01, 66 FR 46727 (c)(153).
Matter.
26.11.10.05............ Sulfur Content 11/2/98 9/7/01, 66 FR 46727 (c)(153).
Limitations for Coke
Oven Gas.
26.11.10.05-1.......... Control of Carbon 9/12/05 2/9/10, 75 FR 6307
Monoxide Emissions
from Basic Oxygen
Furnaces.
26.11.10.06............ Control of Volatile 12/25/00 11/7/01 66 FR 56222 (c)(163).
Organic Compounds
from Iron and Steel
Production
Installations.
----------------------------------------------------------------------------------------------------------------
26.11.10.07............ Testing and 12/25/00 11/7/01, 66 FR 56222 (c)(163).
Observation
Procedures.
----------------------------------------------------------------------------------------------------------------
26.11.11 Control of Petroleum Products Installations, Including Asphalt Paving, Asphalt Concrete Plants, and Use
of Waste Oils
----------------------------------------------------------------------------------------------------------------
26.11.11.01............ Applicability......... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(9).
26.11.11.02............ Asphalt Paving........ 4/26/93 1/6/95, 60 FR 2018 (c)(113)(i)(B)(1).
26.11.11.03............ Asphalt Concrete 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(9).
Plants in Areas I,
II, V, and VI.
26.11.11.06............ Use of Waste Oils as 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(9).
Fuel.
----------------------------------------------------------------------------------------------------------------
26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations
----------------------------------------------------------------------------------------------------------------
26.11.12.01............ Definitions........... 5/8/95 7/25/00, 64 FR 45743 (c)(149).
[[Page 44]]
26.11.12.02............ Applicability......... 5/8/95 7/25/00, 64 FR 45743 (c)(149).
26.11.12.03............ Prohibitions and 5/8/95 7/25/00, 64 FR 45743 (c)(149).
Exemptions.
26.11.12.04............ Visible Emissions..... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(10).
26.11.12.05............ Particulate Matter.... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(10).
26.11.12.06............ Reporting Requirements 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(10).
----------------------------------------------------------------------------------------------------------------
26.11.13 Control of Gasoline and Volatile Organic Compound Storage and Handling
----------------------------------------------------------------------------------------------------------------
26.11.13.01............ Definitions........... 10/18/07 7/18/08, 73 FR 41268
26.11.13.02............ Applicability and 4/26/93 1/6/95, 60 FR 2018 (c)(113)(i)(B)(3).
Exemption.
26.11.13.03............ Large Storage Tanks... 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(12).
26.11.13.04............ Loading Operations.... 8/11/97 12/22/98, 63 FR 70667 (c)(132).
26.11.13.05............ Gasoline Leaks from 2/15/93 1/6/95, 60 FR 2018 (c)(112).
Tank Trucks.
26.11.13.06............ Plans for Compliance.. 4/26/93 1/6/95, 60 FR 2018 (c)(113)(i)(B)(5).
26.11.13.07............ Control of Gasoline 6/18/07 7/17/08, 73 FR 40970
and VOC Emissions
from Portable Fuel
Containers.
26.11.13.08............ Control of VOC 10/18/07 7/18/08, 73 FR 41268 New Regulation.
Emissions from Marine
Vessel Loading.
----------------------------------------------------------------------------------------------------------------
26.11.14 Control of Emissions From Kraft Pulp Mills
----------------------------------------------------------------------------------------------------------------
26.11.14.01............ Definitions........... 1/8/01, 10/15/01 11/7/01, 66 FR 56220 (c)(170).
26.11.14.02............ Applicability......... 1/8/01 11/7/01, 66 FR 56220 (c)(170).
26.11.14.06............ Control of Volatile 1/8/01, 10/15/01 11/7/01, 66 FR 56220 (c)(170).
Organic Compounds.
----------------------------------------------------------------------------------------------------------------
26.11.17 Requirements for Major New Sources and Modifications
----------------------------------------------------------------------------------------------------------------
26.11.17.01............ Definitions........... 10/22/07 8/2/12, 77 FR 45949.
26.11.17.02............ Applicability......... 10/22/07 8/2/12, 77 FR 45949.
26.11.17.03............ General Conditions.... 10/22/07 8/2/12, 77 FR 45949.
26.11.17.04............ Creating Emission 10/22/07 8/2/12, 77 FR 45949 Revised; Former
Reduction Credits Regulation .04 is
(ERCs). repealed and
replaced in its
entirety.
26.11.17.05............ Information on 10/22/07 8/2/12, 77 FR 45949 Revised; Former
Emission Reductions Regulation .05 is
and Certification. repealed and
replaced in its
entirety.
26.11.17.06............ Transferring Emission 10/22/07 8/2/12, 77 FR 45949 Added.
Reduction Credits.
26.11.17.07............ Plantwide 10/22/07 8/2/12, 77 FR 45949 Added.
Applicability Limit
(PAL)--General.
26.11.17.08............ Plantwide 10/22/07 8/2/12, 77 FR 45949 Added.
Applicability Limit
(PAL)--Permits.
26.11.17.09............ Plantwide 10/22/07 8/2/12, 77 FR 45949 Added.
Applicability Limit
(PAL)--Monitoring,
Record Keeping, and
Reporting.
----------------------------------------------------------------------------------------------------------------
26.11.19 Volatile Organic Compounds From Specific Processes
----------------------------------------------------------------------------------------------------------------
26.11.19.01............ Definitions........... 6/5/95 9/2/97, 62 FR 46199 (c)(126) Note: On 5/
13/1998 (63 FR
26462), EPA approved
the revised
definition of
``major stationary
source of VOC ``
with a State
effective date of 5/
8/1995 [(c)(128)].
26.11.19.02............ Applicability, 3/5/12 1/25/13, 78 FR 5290 Amended sections
Determining .02D, .02E, .02G and
Compliance, .02I.
Reporting, and
General Requirements.
26.11.19.03............ Automotive and Light- 9/22/97 11/5/98, 63 FR 59720 (c)(140).
Duty Truck Coating.
26.11.19.04............ Can Coating........... 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12).
26.11.19.05............ Coil Coating.......... 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12).
26.11.19.06............ Large Appliance 10/1/10 5/12/11, 76 FR 27610.
Coating.
26.11.19.07............ Paper, Fabric, Film, 5/16/11 10/17/11, 76 FR 64022 Revisions to Section
and Foil Coating. title and Sections
.07A and .07C(3).
[[Page 45]]
26.11.19.07-1.......... Control of VOC 6/15/98 6/17/99 64 FR 32415 (c)(142).
Emissions from Solid
Resin Decorative
Surface Manufacturing.
26.11.19.07-2.......... Plastic Parts and 5/16/11 10/17/11, 76 FR 64022 New Regulation.
Business Machines
Coating.
26.11.19.08............ Metal Furniture 8/1/88 11/3/92, 57 FR 49651 (C)(90)(i)(B)(12).
Coating.
26.11.19.09............ Control of Volatile 6/5/95 8/4/97 62 FR 41853 (c)(123).
Organic Compounds
(VOC) Emissions from
Cold and Vapor
Degreasing.
26.11.19.10............ Flexographic and 4/19/10 9/27/10 75 FR 59086 Revision to section
Rotogravure Printing. .10B(2).
26.11.19.10-1.......... Flexible packaging 4/19/10 9/27/10, 75 FR 59086 New Regulation.
printing.
26.11.19.11............ Lithographic and 5/16/11 7/23/12 Sections .11A through
Letterpress Printing. 77 FR 43001 .11E are revised;
sections .11F
through .11H are
added.
26.11.19.12............ Dry Cleaning 9/22/97 9/2/98, 63 FR 46662 (c)(131).
Installations.
26.11.19.13............ Drum and Pail Coating. 5/16/11 10/17/11 76 FR 64017 Revisions to Section
title and Sections
.13A, .13B, and .13C
and addition of new
Section .13D.
26.11.19.13-1.......... Aerospace Coating 10/2/00, 10/15/ 11/7/01, 66 FR 56220 (c)(169).
Operations. 01
26.11.19.13-2.......... Brake Shoe Coating 8/24/98 6/17/99, 64 FR 32415 (c)(142).
Operations.
26.11.19.13-3.......... Control of VOC 6/29/98 6/17/99, 64 FR 32415 (c)(142).
Emissions from
Structural Steel
Coating Operations.
26.11.19.14............ Manufacture of 5/8/91 11/29/94, 59 FR 60908 (c)(102)(i)(B)(14).
Synthesized
Pharmaceutical
Products.
26.11.19.15............ Paint, Resin, and 4/19/10 10/18/11, 76 FR 64237 Amendments to
Adhesive Sections .15A and
Manufacturing and .15C.
Adhesive and Sealant
Applications.
26.11.19.16............ Control of VOC 8/19/91 9/7/94, 59 FR 46180 (c)(103)(i)(B)(9).
Equipment Leaks.
26.11.19.17............ Control of Volatile 9/12/05 3/31/06, 71 FR 16237
Organic Compounds
(VOC) Emissions from
Yeast Manufacturing.
26.11.19.18............ Control of Volatile 6/10/02 1/15/03, 68 FR 1972 (c)(177).
Organic Compounds
(VOC) Emissions from
Screen Printing and
Digital Imaging.
26.11.19.19............ Control of Volatile 10/2/00 5/7/01, 66 FR 22924 (c)(156).
Organic Compounds
(VOC) Emissions from
Expandable
Polystyrene
Operations.
26.11.19.21............ Control of Volatile 7/3/95 10/15/97, 62 FR 53544 (c)(125)(i)(B)(4).
Organic Compounds
(VOC) Emissions from
Commercial Bakery
Ovens.
26.11.19.22............ Control of Volatile 8/11/97 9/23/99, 64 FR 41445 (c)(137).
Organic Compounds
(VOC) Emissions from
Vinegar Generators.
26.11.19.23............ Control of VOC 4/16/12 9/26/12, 77 FR 59093 Entire regulation
Emissions from revised.
Vehicle Refinishing.
26.11.19.24............ Control of VOC 8/11/97 9/23/99 64 FR 41445 (c)(137).
Emissions from
Leather Coating.
----------------------------------------------------------------------------------------------------------------
26.11.19.25............ Control of Volatile 8/11/97 1/26/99, 64 FR 3852 (c)(141).
Organic Compounds
from Explosives and
Propellant
Manufacturing.
26.11.19.26............ Control of Volatile 8/11/97 8/19/99, 64 FR 45182 (c)(139).
Organic Compound
Emissions from
Reinforced Plastic
Manufacturing.
26.11.19.27............ Control of Volatile 10/20/97 9/5/01, 66 FR 46379 (c)(166).
Organic Compounds
from Marine Vessel
Coating Operations.
26.11.19.28............ Control of Volatile 10/2/00 5/7/01, 66 FR 22924 (c)(157).
Organic Compounds
from Bread and Snack
Food Drying
Operations.
[[Page 46]]
26.11.19.29............ Control of Volatile 10/2/00, 10/15/ 11/7/01, 66 FR 56220 (c)(160).
Organic Compounds 01
from Distilled
Spirits Facilities.
26.11.19.30............ Control of Volatile 4/21/08 10/18/11, 76 FR 64237 Amendments to
Organic Compounds Sections .30A, .30B,
from Chemical .30C and .30E.
Production and
Flouropolymer
Material
Installations.
26.11.19.31............ Control of Volatile 6/5/06 1/11/07, 72 FR 1289
Organic Compounds
from Medical Device
Manufacturing.
----------------------------------------------------------------------------------------------------------------
26.11.19.33............ Control of Volatile 4/19/10 1/26/11, 76 FR 4534 New Regulation.
Organic Compounds
(VOCs) from Flat wood
Paneling Coatings.
----------------------------------------------------------------------------------------------------------------
26.11.20 Mobile Sources
----------------------------------------------------------------------------------------------------------------
26.11.20.02............ Motor Vehicle Emission 8/1/88 11/3/92, 57 FR 49651 (c)(90)(i)(B)(13) [as
Control Devices. 26.11.20.06].
26.11.20.03............ Motor Vehicle Fuel 10/26/92 6/10/94, 59 FR 29957 (c)(101)(i)(B)(3).
Specifications.
26.11.20.04............ National Low Emission 3/22/99 12/28/99, 64 FR 72564 (c)(146).
Vehicle Program.
----------------------------------------------------------------------------------------------------------------
26.11.24 Stage II Vapor Recovery at Gasoline Dispensing Facilities
----------------------------------------------------------------------------------------------------------------
26.11.24.01............ Definitions........... 1/29/07 1/17/08, 73 FR 3187 Addition of
``Certified
Inspector'' and ``
`Vapor Recovery
System.''
26.11.24.01-1.......... Incorporation by 4/15/02 5/7/03, 68 FR 24363 (c)(178).
Reference.
26.11.24.02............ Applicability, 4/15/02 5/7/03, 68 FR 24363 (c)(178).
Exemptions, and
Effective Date.
26.11.24.03............ General Requirements.. 4/15/02 5/7/03, 68 FR 24363 (c)(178).
26.11.24.04............ Testing Requirements.. 2/28/05 5/8/06 71 FR 26688
----------------------------------------------------------------------------------------------------------------
26.11.24.05............ Inspection 2/15/93 6/9/94, 59 FR 29730 (c)(107).
Requirements.
26.11.24.05-1.......... Inspections by a 1/29/07 1/17/08, 73 FR 3187 Added Section.
Certified Inspector.
26.11.24.06............ Training Requirements 2/15/93 6/9/94, 59 FR 29730 (c)(107).
for Operation and
Maintenance of
Approved Systems.
26.11.24.07............ Record-Keeping and 2/28/05 5/8/06, 71 FR 26688
Reporting
Requirements.
26.11.24.08............ Instructional Signs... 2/15/93 6/9/94, 59 FR 29730 (c)(107).
26.11.24.09............ Sanctions............. 2/15/93 6/9/94, 59 FR 29730 (c)(107).
----------------------------------------------------------------------------------------------------------------
26.11.25 Control of Glass Melting Furnaces
----------------------------------------------------------------------------------------------------------------
26.11.25.01............ Definitions........... 10/5/98 10/19/05, 70 FR 60738
26.11.25.02............ Applicability and 10/5/98 10/19/05, 70 FR 60738
Exemptions.
26.11.25.03............ Visible Emissions from 10/5/98 10/19/05, 70 FR 60738
Glass Melting
Furnaces.
26.11.25.04............ Particulate Matter 10/5/98 10/19/05, 70 FR 60738
Emissions from Glass
Melting Furnaces.
----------------------------------------------------------------------------------------------------------------
26.11.26 Conformity
----------------------------------------------------------------------------------------------------------------
26.11.26.01............ Purpose............... 6/30/08 9/26/11, 76 FR 59254 New Regulation.
26.11.26.02............ Definitions........... 6/30/08 9/26/11, 76 FR 59254 Definitions added for
transportation
conformity;
definitions for
general conformity
were approved at
(c)(136).
26.11.26.03............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity.
26.11.26.04............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity--Consultat
ion in General.
26.11.26.05............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity--Interagen
cy Consultation
Requirements.
[[Page 47]]
26.11.26.06............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity--Dispute
Resolution.
26.11.26.07............ Transportation 6/30/08 9/26/11], 76 FR 59254 New Regulation.
Conformity--Public
Consultation
Procedures.
26.11.26.08............ Transportation 6/30/08 9/26/11, 76 FR 59254 New Regulation.
Conformity--Interagen
cy Consultation.
26.11.26.09............ General Conformity.... 6/30/08 9/26/11, 76 FR 59254 Formerly SIP
regulation
26.11.26.03.
26.11.27 Emission Limitations for Power Plants
----------------------------------------------------------------------------------------------------------------
26.11.27.01............ Definitions........... 7/16/07 9/4/08, 73 FR 51599
26.11.27.02............ Applicability and 7/16/07 9/4/08, 73 FR 51599
Exceptions.
26.11.27.03............ General Requirements.. 7/16/07 9/4/08, 73 FR 51599 Exceptions:
Paragraphs
.03B(7)(a)(iii) and
.03D; the word
``and'' at the end
of paragraph
.03B(7)(a)(ii).
26.11.27.05............ Monitoring and 7/16/07 9/4/08, 73 FR 51599
Reporting
Requirements.
26.11.27.06............ Judicial Review of 7/16/07 9/4/08, 73 FR 51599
Penalty Waivers.
----------------------------------------------------------------------------------------------------------------
26.11.28 Clean Air Interstate Rule
----------------------------------------------------------------------------------------------------------------
26.11.28.01............ Definitions........... 6/16/08 10/30/09, 74 FR 56117
26.11.28.02............ Incorporation by 6/16/08 10/30/09, 74 FR 56117
Reference.
26.11.28.03............ Affected Units and 6/16/08 10/30/09, 74 FR 56117
General Requirements.
26.11.28.04............ Requirements for New 6/16/08 10/30/09, 74 FR 56117
Affected Trading
Units and NOX Set
Aside Pool.
26.11.28.05............ NOX Allowances for 6/16/08 10/30/09, 74 FR 56117
Renewable Energy
Projects and
Consumers of Electric
Power.
26.11.28.06............ NOX Allowances To Be 6/16/08 10/30/09, 74 FR 56117
Distributed to
Consumers of Electric
Power.
26.11.28.07............ Distribution of Unused 6/16/08 10/30/09, 74 FR 56117
NOX Allowances in the
Set Aside Pool.
26.11.28.08............ Allocation of NOX 6/16/08 10/30/09, 74 FR 56117 Annual and Ozone
Allowances. Season Allocations
start in 2010
instead of 2009.
----------------------------------------------------------------------------------------------------------------
26.11.29 NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
26.11.29.01............ Definitions........... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.02............ Incorporation by 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Reference.
26.11.29.03............ Scope and 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Applicability.
26.11.29.04............ General Requirements 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
for Affected Trading
Sources.
26.11.29.05............ NOX Allowance 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Allocations.
26.11.29.06............ Compliance Supplement 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Pool.
26.11.29.07............ Allowance Banking..... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.08............ Emission Monitoring... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.09............ Requirements for New 11/24/03 3/22/04 69 FR 13236 (c)(186)(i)(C)(1)-(5)
Sources and Set-Aside .
Pool.
26.11.29.10............ Reporting............. 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.11............ Record Keeping........ 5/1/00 1/10/01 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.12............ End-of-Season 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Reconciliation.
26.11.29.13............ Compliance 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Certification.
26.11.29.14............ Penalties............. 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
26.11.29.15............ Requirements for 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(1).
Affected Nontrading
Sources.
----------------------------------------------------------------------------------------------------------------
26.11.30 Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program
----------------------------------------------------------------------------------------------------------------
26.11.30.01............ Scope and 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
Applicability.
26.11.30.02............ Definitions........... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
[[Page 48]]
26.11.30.03............ Procedures Relating to 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
Compliance Accounts
and Overdraft
Accounts.
26.11.30.04............ Procedures Relating to 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
General Accounts.
26.11.30.05............ Allowance Banking..... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
26.11.30.06............ Allowance Transfers... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
26.11.30.07............ Early Reductions...... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
26.11.30.08............ Opt-In Procedures..... 5/1/00 1/10/01, 66 FR 1866 (c)(154)(i)(B)(2).
26.11.30.09............ Allocation of 6/19/06 11/03/06, 71 FR 64647 New column for 2008
Allowances. allocations.
----------------------------------------------------------------------------------------------------------------
26.11.32 Control of Emissions of Volatile Organic Compounds From Consumer Products
----------------------------------------------------------------------------------------------------------------
26.11.32.01............ Applicability and 6/18/07 12/10/07 72 FR 69621
Exemptions.
26.11.32.02............ Incorporation by 6/18/07 12/10/07 72 FR 69621
Reference.
26.11.32.03............ Definitions........... 6/18/07 12/10/07 72 FR 69621
26.11.32.04............ Standards--General.... 6/18/07 12/10/07 72 FR 69621
26.11.32.05............ Standards--Requirement 8/18/03 12/09/03 68 FR 68523 (c)(185).
s for Charcoal
Lighter Materials.
26.11.32.06............ Standards--Requirement 6/18/07 12/10/07 72 FR 69621
s for Aerosol
Adhesives.
26.11.32.07............ Standards--Requirement 8/18/03 12/09/03 68 FR 68523 (c)(185).
s for Floor Wax
Strippers.
26.11.32.08............ Requirements for 6/18/07 12/10/07 72 FR 69621 New Regulation.
Contact Adhesives,
Electronic Cleaners,
Footwear, or Leather
Care Products, and
General Purpose
Cleaners.
26.11.32.09............ Requirements for 6/18/07 12/10/07 72 FR 69621 New Regulation.
Adhesive Removers,
Electrical Cleaners,
and Graffiti Removers.
26.11.32.10............ Requirements for Solid 6/18/07 12/10/07 72 FR 69621 New Regulation.
Air Fresheners and
Toilet and Urinal
Care Products.
26.11.32.11............ Innovative Products-- 6/18/07 12/10/07 72 FR 69621 Recodification of
CARB Exemption. existing Regulation
.08.
26.11.32.12............ Innovative Products-- 6/18/07 12/10/07 72 FR 69621
Department Exemption.
26.11.32.13............ Administrative 6/18/07 12/10/07 72 FR 69621 Recodification of
Requirements. existing Regulation
.10; Amended.
26.11.32.14............ Reporting Requirements 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.11; Amended.
26.11.32.15............ Variances............. 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.12; Amended.
26.11.32.16............ Test Methods.......... 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.13; Amended.
26.11.32.17............ Alternative Control 6/18/07 12/10/07 72 FR 69621 Recodification of
Plan (ACP). existing Regulation
.14; Amended.
26.11.32.18............ Approval of an ACP 6/18/07 12/10/07 72 FR 69621 Recodification of
Application. existing Regulation
.15; Amended.
26.11.32.19............ Record Keeping and 6/18/07 12/10/07 72 FR 69621 Recodification of
Availability of existing Regulation
Requested Information. .16.
26.11.32.20............ Violations............ 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.17.
26.11.32.21............ Surplus Reduction and 6/18/07 12/10/07 72 FR 69621 Recodification of
Surplus Trading. existing Regulation
.18; Amended.
26.11.32.22............ Limited-use surplus 6/18/07 12/10/07 72 FR 69621 Recodification of
reduction credits for existing Regulation
early formulations of .19; Amended.
ACP Products.
26.11.32.23............ Reconciliation of 6/18/07 12/10/07 72 FR 69621 Recodification of
Shortfalls. existing Regulation
.20; Amended.
26.11.32.24............ Modifications to an 6/18/07 12/10/07 72 FR 69621 Recodification of
ACP. existing Regulation
.21; Amended.
26.11.32.25............ Cancellation of an ACP 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.22; Amended.
26.11.32.26............ Transfer of an ACP.... 6/18/07 12/10/07 72 FR 69621 Recodification of
existing Regulation
.23
[[Page 49]]
26.11.33 Architectural Coatings
----------------------------------------------------------------------------------------------------------------
26.11.33.01............ Applicability and 3/29/04 5/12/05, 70 FR 24979
Exemptions.
26.11.33.02............ Test Methods-- 3/29/04 5/12/05, 70 FR 24979
Incorporation by
Reference.
26.11.33.03............ Definitions........... 3/29/04 5/12/05, 70 FR 24979
26.11.33.04............ General Standard--VOC 3/29/04 5/12/05, 70 FR 24979
Content Limits.
26.11.33.05............ VOC Content Limits.... 3/29/04 5/12/05, 70 FR 24979
26.11.33.06............ Most Restrictive VOC 2/28/05 10/19/05, 70 FR 60740 Addition of sections
Limit. B(15) through B(19).
26.11.33.07............ Painting Restrictions. 3/29/04 5/12/05, 70 FR 24979
26.11.33.08............ Thinning.............. 3/29/04 5/12/05, 70 FR 24979
26.11.33.09............ Rust Preventive 3/29/04 5/12/05, 70 FR 24979
Coatings.
26.11.33.10............ Coatings Not Listed in 2/28/05 10/19/05, 70 FR 60740
Regulation .05.
26.11.33.11............ Lacquers.............. 3/29/04 5/12/05, 70 FR 24979
26.11.33.12............ Container Labeling 2/28/05 10/19/05, 70 FR 60740 Deleted section K.
Requirements.
26.11.33.13............ Record Keeping 2/28/05 10/19/05, 70 FR 60740
Requirements.
26.11.33.14............ Compliance Provisions 3/29/04 5/12/05, 70 FR 24979
and Test Methods.
----------------------------------------------------------------------------------------------------------------
26.11.35 Volatile Organic Compounds from Adhesives and Sealants
----------------------------------------------------------------------------------------------------------------
26.11.35.01............ Applicability and 4/21/08 10/18/11, 76 FR 64237 New Section.
Exemptions. 6/1/09
26.11.35.02............ Incorporation by 4/21/08 10/18/11, 76 FR 64237 New Section.
Reference.
26.11.35.03............ Definitions........... 4/21/08 10/18/11, 76 FR 64237 New Section.
26.11.35.04............ Standards............. 4/21/08 10/18/11, 76 FR 64237 New Section.
26.11.35.05............ Administrative 4/21/08 10/18/11, 76 FR 64237 New Section.
Requirements.
26.11.35.06............ Compliance Procedures 4/21/08 10/18/11, 76 FR 64237 New Section.
and Test Methods.
26.11.35.07............ Container Labeling.... 4/21/08 10/18/11, 76 FR 64237 New Section.
11.14.08 Vehicle Emissions Inspection Program
----------------------------------------------------------------------------------------------------------------
11.14.08.01............ Title................. 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.02............ Definitions........... 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
98
11.14.08.03............ Applicability......... 6/10/02 1/16/03, 68 FR 2208 (c)(179).
11.14.08.04............ Exemptions............ 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.05............ Schedule of the 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
Program. 96
11.14.08.06............ Certificates.......... 6/10/02 1/16/03, 68 FR 2208 (c)(179).
11.14.08.07............ Extensions............ 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
98
11.14.08.08............ Enforcement........... 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.09............ Inspection Standards.. 6/10/02 1/16/03, 68 FR 2208 (c)(179).
11.14.08.10............ General Requirements 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
for Inspection and 96,
Preparation for 10/19/98
Inspection.
11.14.08.11............ Idle Exhaust Emissions 10/18/98 10/29/99, 64 FR 58340 (c)(144).
Test and Equipment
Checks.
11.14.08.11-1.......... Transient Exhaust 12/16/96, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
Emissions Test and 98
Evaporative Purge
Test Sequence.
11.14.08.12............ Evaporative Integrity 6/10/02 1/16/03, 68 FR 2208 (c)(179).
Test, Gas Cap Leak
Test, and On-Board
Diagnostics
Interrogation
Procedures.
11.14.08.13............ Failed Vehicle and 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Reinspection
Procedures.
11.14.08.14............ Dynamometer System 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Specifications.
[[Page 50]]
11.14.08.15............ Constant Volume 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
Sampler, Analysis 98
System, and Inspector
Control
Specifications.
11.14.08.16............ Evaporative Test 6/10/02 1/16/03, 68 FR 2208 (c)(179).
Equipment, Gas Cap
Leak Test Equipment,
and On-Board
Diagnostics
Interrogation
Equipment
Specifications.
11.14.08.17............ Quality Assurance and 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Maintenance--General
Requirements.
11.14.08.18............ Test Assurance 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Procedures.
11.14.08.19............ Dynamometer Periodic 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Quality Assurance
Checks.
11.14.08.20............ Constant Volume 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Sampler Periodic
Quality Assurance
Checks.
11.14.08.21............ Analysis System 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Periodic Quality
Assurance Checks.
11.14.08.22............ Evaporative Test 1/2/95 10/29/99 64 FR 58340 (c)(144).
Equipment, Gas Cap 10/19/98
Leak Test Equipment
and On-Board
Diagnostics
Interrogation
Equipment Periodic
Quality Assurance
Checks.
11.14.08.23............ Overall System 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Performance Quality
Assurance.
11.14.08.24............ Control Charts........ 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.25............ Gas Specifications.... 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.26............ Vehicle Emissions 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Inspection Station.
11.14.08.27............ Technician's Vehicle 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
Report. 98
11.14.08.28............ Feedback Reports...... 1/02/95, 10/19/ 10/29/99, 64 FR 58340 (c)(144).
98
11.14.08.29............ Certified Emissions 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
Technician. 96
11.14.08.30............ Certified Emissions 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
Repair Facility. 96
11.14.08.31............ On-Highway Emissions 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Test.
11.14.08.32............ Fleet Inspection 1/02/95, 12/16/ 10/29/99, 64 FR 58340 (c)(144).
Station. 96,
10/19/98
11.14.08.33............ Fleet Inspection 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Standards.
11.14.08.34............ Fleet Inspection and 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Reinspection Methods.
11.14.08.35............ Fleet Equipment and 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Quality Assurance
Requirements.
11.14.08.36............ Fleet Personnel 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Requirements.
11.14.08.37............ Fleet Calibration Gas 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Specifications and
Standard Reference
Materials.
11.14.08.38............ Fleet Recordkeeping 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Requirements.
11.14.08.39............ Fleet Fees............ 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.40............ Fleet License 1/02/95 10/29/99, 64 FR 58340 (c)(144).
Suspension and
Revocation.
11.14.08.41............ Audits................ 1/02/95 10/29/99, 64 FR 58340 (c)(144).
11.14.08.42............ Fleet Inspection After 1/02/95, 2/16/ 10/29/99, 64 FR 58340 (c)(144).
1998. 96,
10/19/98
----------------------------------------------------------------------------------------------------------------
[[Page 51]]
03.03.05 Motor Fuel Inspection [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.05.01............ Definitions........... 12/18/95 1/30/96, 61 FR 2982 (c)(101)(i)(B)(4);
Approved as a
contingency SIP
measure as part of
the CO Maintenance
Plans for Baltimore
and DC. [(c)(117)
and (c)(118)].
03.03.05.01-1.......... Standard 12/18/95 1/30/96, 61 FR 2982
Specifications for
Gasoline.
03.03.05.02-1.......... Other Motor Vehicle 10/26/92 6/10/94, 58 FR 29957
Fuels.
03.03.05.05............ Labeling of Pumps..... 12/18/95 1/30/96, 61 FR 2982
03.03.05.08............ Samples and Test 10/26/92 6/10/94, 58 FR 29957
Tolerance.
03.03.05.15............ Commingled Products... 10/26/92 6/10/94, 58 FR 29957
----------------------------------------------------------------------------------------------------------------
03.03.06 Emissions Control Compliance [Contingency SIP Measure]
----------------------------------------------------------------------------------------------------------------
03.03.06.01............ Definitions........... 12/18/95 1/30/96, 61 FR 2982 (c)(101)(i)(B)(5);
Approved as a
contingency SIP
measure as part of
the CO Maintenance
Plans for Baltimore
and DC. [(c)(117)
and (c)(118)].
03.03.06.02............ Vapor Pressure 10/26/92 6/10/94, 58 FR 29957
Determination.
03.03.06.03............ Oxygen Content 12/18/95 1/30/96, 61 FR 2982
Determination.
03.03.06.04............ Registration.......... 10/26/92 6/10/94, 58 FR 29957
03.03.06.05............ Record Keeping........ 10/26/92 6/10/94, 58 FR 29957
03.03.06.06............ Transfer Documentation 12/18/95 1/30/96, 61 FR 2982
----------------------------------------------------------------------------------------------------------------
20.79.01 Applications Concerning the Construction or Modification of Generating Stations and Overhead
Transmission Lines--General
----------------------------------------------------------------------------------------------------------------
20.79.01.01A, .01C, and Scope................. 12/28/09 2/10/12, 77 FR 6963 Added; limited
.01D. approval.
20.79.01.02A and Definitions........... 12/28/09 2/10/12, 77 FR 6963 Added; limited
.02B(1) through (13), approval.
(14)(a), (15), (16),
and (18) through (20).
20.79.01.06............ Modifications to 12/28/09 2/10/12, 77 FR 6963 Added; limited
Facilities at a Power approval.
Plant.
----------------------------------------------------------------------------------------------------------------
20.79.02 Applications Concerning the Construction or Modification of Generating Stations and Overhead
Transmission Lines--Administrative Provisions
----------------------------------------------------------------------------------------------------------------
20.79.02.01............ Form of Application... 2/10/97 2/10/12, 77 FR 6963 Added; limited
approval.
20.79.02.02............ Distribution of 2/10/97; 2/10/12, 77 FR 6963 Added; limited
Application. 11/8/04 approval.
20.79.02.03............ Proceedings on the 2/10/97; 2/10/12, 77 FR 6963 Added; Limited
Application. 11/8/04 approval.
----------------------------------------------------------------------------------------------------------------
20.79.03 Applications Concerning the Construction or Modification of Generating Stations and Overhead
Transmission Lines--Details of Filing Requirements--Generating Stations
----------------------------------------------------------------------------------------------------------------
20.79.03.01............ Description of 2/10/97; 2/10/12, 77 FR 6963 Added; limited
Generating Station. 11/8/04 approval.
20.79.03.02A and Environmental 2/10/97; 2/10/12, 77 FR 6963 Added; limited
.02B(1) and (2). Information. 11/8/04 approval.
TM Technical Memoranda
----------------------------------------------------------------------------------------------------------------
TM91-01 [Except Methods Test Methods and 11/2/98 9/7/01, 66 FR 46727 (c)(153)(i)(D)(5)
1004A through E]. Equipment (Supplement 3 is
Specifications for added).
Stationary Sources.
[[Page 52]]
Annotated Code of Title/subject State effective EPA approval date Additional
Maryland citation date explanation/
citation at 40 CFR
52.1100
----------------------------------------------------------------------------------------------------------------
Public Utility Companies Article of the Annotated Code of Maryland
----------------------------------------------------------------------------------------------------------------
Section 7-205.......... Electric Companies-- 7/01/06 2/10/12, 77 FR 6963 Added; limited
Modification of Power approval.
Plant.
Section 7-207(a), Generating Stations or 7/01/07 2/10/12, 77 FR 6963 Added; limited
(b)(1), (c), (d), and Transmission Lines-- approval.
(e). General Certification
Procedure.
Section 7-207.1(a) and Generating Stations or 7/01/07 2/10/12, 77 FR 6963 Added; limited
(e). Transmission Lines-- approval.
Onsite Generated
Electricity; Approval
Process.
Section 7-208 (a)(1), Generating Stations or 7/01/01 2/10/12, 77 FR 6963 Added; limited
(b) through (f), and Transmission Lines-- approval.
(h)(2). Joint Construction of
Station and
Associated Lines.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved state source-specific requirements.
----------------------------------------------------------------------------------------------------------------
State effective Additional
Name of source Permit number/type date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
GenOn Chalk Point Generating The 2011 Consent 3/10/11........... 5/4/12, 77 FR Docket No.
Station. Decree for Chalk 26438. 52.1070(d). The
Point. SIP approval
includes specific
provisions of the
2011 Consent
Decree for which
the State of
Maryland
requested
approval on
October 12, 2011.
Northeast Maryland Waste Secretarial Order. 11/20/81.......... 7/7/82, 47 FR 52.1100(c)(65)
Disposal Authority. 29531. (Wheelabrator-
Frye, Inc.).
Northeast Maryland Waste Secretarial Order. 2/25/83........... 8/24/83, 45 FR 52.1100(c)(70)
Disposal Authority and 55179. (Shutdown of
Wheelabrator-Frye, Inc. and the landfill for
Mayor and City Council of offsets).
Baltimore and BEDCO Development
Corp.
Westvaco Corp................... Consent Order..... 9/6/83; Rev. 1/26/ 12/20/84, 49 FR 52.1100(c)(74).
84. 49457.
Potomac Electric Power Company Administrative 9/13/99........... 12/15/00, 65 FR 52.1100(c)(151).
(PEPCO). Consent Order. 78416.
Thomas Manufacturing Corp....... Consent Decree.... 2/15/01........... 11/15/01, 66 FR 52.1100(c)(167).
57395.
Constellation Power Source Consent Order and 4/25/01........... 2/27/02, 67 FR 52.1100(c)(168).
Generation, Inc.--Brandon NOX RACT 8897.
Shores Units 1 & 2; Averaging Plan
Gould Street Unit 3; Proposal.
H.A. Wagner Units 1,
2, 3 & 4; C.P. Crane Units
1 & 3; and Riverside
Unit 4.
Kaydon Ring and Seal, Inc....... Consent Order..... 3/5/04............ 8/31/04, 69 FR (c)(190).
53002.
Perdue Farms, Inc............... Consent Order..... 2/1/05............ 1/11/07, 72 FR 52.1070(d)(1).
1291.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory and quasi-regulatory material.
----------------------------------------------------------------------------------------------------------------
Name of non-regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
Base Year Emissions Inventory... Metropolitan 9/20/95........... 10/30/95, 60 FR 52.1075(a) CO.
Baltimore Ozone 55321.
Nonattainment
Area 1990.
[[Page 53]]
1990 Base Year Emissions Metropolitan 3/21/94........... 1/30/96, 61 FR 52.1075(b) CO.
Inventory. Washington Ozone 10/12/95.......... 2931.
Nonattainment
Area.
1990 Base Year Emissions All ozone 3/21/94........... 9/27/96, 61 FR 52.1075(c) VOC,
Inventory. nonattainment 50715. NOX, CO.
areas.
1990 Base Year Emissions Kent & Queen 3/21/94........... 9/27/96, 61 FR 52.1075(d) VOC,
Inventory. Anne's Counties. 50715. NOX, CO.
1990 Base Year Emissions Metropolitan 3/21/94........... 4/23/97, 62 FR 52.1075(e) VOC,
Inventory. Washington Ozone 19676. NOX, CO.
Nonattainment
Area.
1990 Base Year Emissions Metropolitan 12/24/97.......... 7/8/98, 63 FR 52.1075(f) VOC,
Inventory. Washington Ozone 36854. NOX.
Nonattainment
Area.
1990 Base Year Emissions Metropolitan 12/24/97.......... 2/3/00, 65 FR 5245 52.1075(g) VOC,
Inventory. Baltimore Ozone NOX.
Nonattainment
Area.
1990 Base Year Emissions Philadelphia- 12/24/97, 4/29/98, 2/3/00, 65 FR 52.1075(h) VOC,
Inventory. Wilmington- 12/21/99, 12/28/ 5252, 9/19/01, 66 NOX.
Trenton Ozone 00. FR 48209.
Nonattainment
Area (Cecil
County).
15% Rate of Progress Plan....... Philadelphia- 7/12/95, 95-20. 40457.
Trenton Ozone
Nonattainment
Area (Cecil
County).
Stage II Vapor Recovery Western Maryland & 11/5/97........... 12/9/98, 63 FR 52.1076(b).
Comparability Plan. Eastern Shore 67780.
Counties.
15% Rate of Progress Plan....... Metropolitan 10/7/98........... 2/3/00, 65 FR 5245 52.1076(c).
Baltimore Ozone
Nonattainment
Area.
15% Rate of Progress Plan....... Metropolitan 5/5/98............ 7/19/00, 65 FR 52.1076(d).
Washington Ozone 44686.
Nonattainment
Area.
Post-1996 Rate of Progress Plan Philadelphia- 12/24/97, 4/24/98. 2/3/00, 65 FR 5252 52.1076(f).
& contingency measures. Wilmington-
Trenton Ozone
Nonattainment
Area (Cecil
County).
8/18/98, 12/21/99. 9/19/01, 66 FR
44809.
12/28/00, 3/8/04.. 4/15/04, 69 FR 52.1076(f)(3).
19939.
Ozone Attainment Plan........... Philadelphia- 4/29/98, 8/18/98, 10/29/01, 66 FR 52.1076(h).
Wilmington- 12/21/99, 12/28/ 54578.
Trenton Ozone 00, 8/31/01.
Nonattainment
Area (Cecil
County).
9/2/03............ 10/27/03, 68 FR
61103.
Transportation Conformity Philadelphia- 4/29/98, 8/18/98, 10/29/01, 66 FR 52.1076(i).
Budgets. Wilmington- 12/21/99, 12/28/ 54578.
Trenton Ozone 00.
Nonattainment
Area (Cecil
County).
Post-1996 Rate of Progress Plan Metropolitan 12/24/97, 4/24/98, 9/26/01, 66 FR 52.1076(j).
& contingency measures. Baltimore Ozone 8/18/98, 12/21/ 49108.
Nonattainment 99, 12/28/00.
Area.
Ozone Attainment Plan........... Metropolitan 4/29/98, 8/18/98, 10/30/01, 66 FR 52.1076(k).
Baltimore Ozone 12/21/99, 12/28/ 54666.
Nonattainment 00, 8/31/01.
Area.
9/2/03............ 10/27/03, 68 FR 52.1076(k).
61103.
Mobile budgets.................. Metropolitan 8/31/01........... 10/30/01, 66 FR 52.1076(l).
Baltimore Ozone 54666.
Nonattainment
Area.
9/2/03............ 10/27/03, 68 FR
61103.
Mobile budgets (2005)........... Metropolitan 9/2/03............ 10/27/03, 68 FR 52.1076(m).
Baltimore Ozone 61103.
Nonattainment
Area.
Philadelphia-
Wilmington-
Trenton Ozone
Nonattainment
Area (Cecil
County).
[[Page 54]]
Mobile budgets (2005 Rate of Metropolitan 11/3/03........... 2/13/04, 69 FR 52.1076(n).
Progress Plan). Baltimore Ozone 7133.
Nonattainment
Area.
Extension for incorporation of All ozone 7/9/02............ 1/16/03, 68 FR 52.1078(b).
the on-board diagnostics (OBD) nonattainment 2208.
testing program into the areas.
Maryland I/M SIP.
Photochemical Assessment Metropolitan 3/24/94........... 9/11/95, 60 FR 52.1080.
Monitoring Stations (PAMS) Baltimore and 47081.
Program. Metropolitan
Washington Ozone
Nonattainment
Areas.
Consultation with Local All nonattainment 10/8/81........... 4/8/82, 47 FR 52.1100(c)(63).
Officials (CAA Sections 121 & & PSD areas. 15140.
127).
Lead (Pb) SIP................... City of Baltimore. 10/23/80.......... 2/23/82, 47 FR 52.1100(c)(60),
7835. (61).
TM90-01--``Continuous Statewide......... 9/18/91........... 2/28/96, 61 FR 52.1100(c)(106);
Emission Monitoring Policies 7418. approved into SIP
and Procedures''--October 1990. as ``additional
material'', but
not IBR'd.
Carbon Monoxide Maintenance Plan City of Baltimore-- 9/20/95........... 10/31/95 60 FR 52.1100(c)(117).
Regional Planning 7/15/04........... 55321. Revised Carbon
District 118. 7/15/04........... 4/04/05 70 FR Monoxide
16958. Maintenance Plan
Base Year
Emissions
Inventory using
MOBILE6.
Carbon Monoxide Maintenance Plan Montgomery County 10/12/95.......... 1/30/96 61 FR 2931 52.1100(c)(118).
Election 3/3/04............ 4/04/05 70 FR Revised Carbon
Districts 4, 7, 16958. Monoxide
and 13; Prince Maintenance Plan
Georges County Base Year
Election Emissions
Districts 2, 6, Inventory using
12, 16, 17, and MOBILE6.
18.
----------------------------------------------------------------------------------------------------------------
Ozone Maintenance Plan.......... Kent and Queen 2/4/04............ 10/21/04, 69 FR 52.1100(c)(187);
Anne's Counties. 61766. SIP effective
date is 11/22/04.
1996-1999 Rate-of-Progress Plan Washington DC 1- 12/20/97, 5/20/99. 5/16/05, 70 FR Only the TCMs in
SIP and the Transportation hour ozone 25688. Appendix H of the
Control Measures (TCMs) in nonattainment 5/20/1999
Appendix H. area. revision.
1999 motor vehicle
emissions budgets
of 128.5 tons per
day (tpy) of VOC
and 196.4 tpy of
NOX.
1990 Base Year Inventory Washington DC 1- 9/2/03, 2/24/04... 5/16/05, 70 FR .
Revisions. hour ozone 25688.
nonattainment
area.
1999-2005 Rate-of-Progress Plan Washington DC 1- 9/2/03, 2/24/04... 5/16/05, 70 FR Only the TCMs in
SIP Revision and the hour ozone 25688. Appendix J of the
Transportation Control Measures nonattainment 2/24/2004
(TCMs) in Appendix J. area. revision 2002
motor vehicle
emissions budgets
(MVEBs) of 125.2
tons per day
(tpy) for VOC and
290.3 tpy of NOX,
and, 2005 MVEBs
of 97.4 tpy for
VOC and 234.7 tpy
of NOX.
VMT Offset SIP Revision......... Washington DC 1- 9/2/03, 2/24/04... 5/16/05, 70 FR
hour ozone 25688.
nonattainment
area.
Contingency Measure Plan........ Washington, DC 9/2/03, 2/24/04... 5/16/05, 70 FR
Area. 25688.
1-hour Ozone Modeled Washington DC 1- 9/2/03, 2/24/04... 5/16/05, 70 FR
Demonstration of Attainment. hour ozone 25688.
nonattainment
area.
[[Page 55]]
Attainment Demonstration and Washington County. 12/20/04, 2/28/05. 8/17/05, 70 FR
Early Action Plan for the 48283.
Washington County Ozone Early
Action Compact Area.
1-Hour Ozone Attainment Plan.... Washington DC 1- 9/2/03 2/24/04.... 11/16/05 70 FR
hour ozone 69440.
nonattainment
area.
8-Hour Ozone Maintenance Plan Kent and Queen 5/2/06 5/19/06.... 12/22/06 71 FR
for the Kent and Queen Anne's Anne's Counties. 76920.
Area.
Reasonable Further Progress Plan Baltimore 1997 8- 6/4/07............ 6/4/10, 75 FR
(RFP), Reasonably Available hour ozone 31709.
Control Measures, and moderate
Contingency Measures. nonattainment
area.
2002 Base Year Inventory for Baltimore 1997 8- 6/4/07............ 6/4/10, 75 FR
VOC, NOX, and CO. hour ozone 31709.
moderate
nonattainment
area.
2008 RFP Transportation Baltimore 1997 8- 6/4/07............ 6/4/10, 75 FR
Conformity Budgets. hour ozone 31709.
moderate
nonattainment
area.
Reasonable Further Progress Plan Maryland portion 6/4/07............ 6/11/10, 75 FR
(RFP), Reasonably Available of the 33172.
Control Measures, and Philadelphia 1997
Contingency Measures. 8-hour ozone
moderate
nonattainment
area.
2002 Base Year Inventory for Maryland portion 6/4/07............ 6/11/10, 75 FR
VOC, NOX, and CO. of the 33172.
Philadelphia 1997
8-hour ozone
moderate
nonattainment
area.
2008 RFP Transportation Maryland portion 6/4/07............ 6/11/10, 75 FR
Conformity Budgets. of the 33172.
Philadelphia 1997
8-hour ozone
moderate
nonattainment
area.
Reasonable Further Progress Plan Washington DC-MD- 6/12/07........... 9/20/11,76 FR
(RFP), Reasonably Available VA 1997 8-hour 58116..
Control Measures, and ozone moderate
Contingency Measures. nonattainment
area.
2002 Base Year Inventory for Washington DC-MD- 6/12/07........... 9/20/11,76 FR
VOC, NOX, and CO. VA 1997 8-hour 58116..
ozone moderate
nonattainment
area.
2008 RFP Transportation Washington DC-MD- 6/12/07........... 9/20/11,76 FR
Conformity Budgets. VA 1997 8-hour 58116.
ozone moderate
nonattainment
area.
Section 110(a)(2) Infrastructure Statewide......... 7/27/07, 11/30/07, 11/25/11, 76 FR This action
Requirements for the 1997 8- 72624. addresses the
Hour Ozone NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
7/31/09, 6/23/11.. 8/2/12, 77 FR This action
45949. addresses the
following CAA
elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J).
Section 110(a)(2) Infrastructure Statewide......... 4/3/08, 4/16/10... 11/25/11, 76 FR This action
Requirements for the 1997 PM2.5 72624. addresses the
NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
[[Page 56]]
7/31/09, 6/23/11.. 8/2/12, 77 FR This action
45949. addresses the
following CAA
elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J).
Section 110(a)(2) Infrastructure Statewide......... 4/16/10, 7/21/10.. 11/25/11, 76 FR This action
Requirements for the 2006 PM2.5 72624. addresses the
NAAQS. following CAA
elements or
portions thereof:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
7/31/09, 6/23/11.. 8/2/12, 77 FR This action
45949. addresses the
following CAA
elements or
portions thereof:
110(a)(2)(C),
(D)(i)(II), and
(J).
RACT under the 1997 8-hour ozone Statewide......... 10/17/11.......... 7/13/12, 77 FR ..................
NAAQS. 41278.
Maryland Regional Haze Plan..... Statewide......... 2/13/12........... 7/6/2012, 77 FR
33938.
2002 Base Year Emissions Maryland portion 4/3/08............ 10/10/12, 77 FR Sec. 52.1075(l)
Inventory for the 1997 fine of the Washington 61513.
particulate matter (PM2.5) DC-MD-VA 1997
standard. PM2.5
nonattainment
area.
Attainment Demonstration for the Maryland- 06/04/07.......... 10/29/12, 77 FR
1997 8-Hour Ozone National Philadelphia- 65488.
Ambient Air Quality Standard Wilmington-
and its Associated Motor Atlantic City
Vehicle Emissions Budgets. Moderate
Nonattainment
Area.
2002 Base Year Emissions Washington County, 6/6/08............ 12/7/12, 77 FR Sec. 52.1075(m)
Inventory for the 1997 fine Maryland 1997 72966.
particulate matter (PM2.5) PM2.5
standard. nonattainment
area.
2002 Base Year Emissions Baltimore, 6/8/08............ 12/10/12, 77 FR Sec. 52.1075(n)
Inventory for the 1997 fine Maryland 1997 73313.
particulate matter (PM2.5) PM2.5
standard. nonattainment
area.
----------------------------------------------------------------------------------------------------------------
[69 FR 69306, Nov. 29, 2004]
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 at www.fdsys.gov.
Effective Date Note: At 78 FR 34914, June 11, 2013, Sec. 52.1070
was amended in paragraph (c), in the table, by adding entries in
numerical order for COMAR 26.11.34, effective July 11, 2013. For the
convenience of the user, the added text is set forth as follows:
Sec. 52.1070 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
Code of Maryland State Additional explanation/
administrative regulations Title/subject effective EPA approval date citation at 40 CFR
(COMAR) citation date 52.1100
----------------------------------------------------------------------------------------------------------------
[[Page 57]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
26.11.34 Low Emissions Vehicle Program
----------------------------------------------------------------------------------------------------------------
26.11.34.01................ Purpose............... 12/17/07 6/11/13; 78 FR 34911..
26.11.34.02 (except Incorporation by 5/16/11 6/11/13; 78 FR 34911..
.02B(17)). Reference. 11/16/09
12/17/07
26.11.34.03................ Applicability and 12/17/07 6/11/13; 78 FR 34911..
Exemptions.
26.11.34.04................ Definitions........... 12/17/07 6/11/13; 78 FR 34911..
26.11.34.05................ Emissions Requirements 12/17/07 6/11/13; 78 FR 34911..
26.11.34.06................ Fleet Average NMOG 12/17/07 6/11/13; 78 FR 34911..
Requirements.
26.11.34.07................ Initial NMOG Credit 12/17/07 6/11/13; 78 FR 34911..
Account Balances.
26.11.34.08................ Fleet Average 12/17/07 6/11/13; 78 FR 34911..
Greenhouse Gas
Requirements.
26.11.34.09................ Zero Emission Vehicle 12/17/07 6/11/13; 78 FR 34911..
(ZEV) Requirements.
26.11.34.10................ Initial ZEV Credit 12/17/07 6/11/13; 78 FR 34911..
Account Balances.
26.11.34.11................ Vehicle Testing....... 12/17/07 6/11/13; 78 FR 34911..
26.11.34.12................ Warranty.............. 12/17/07 6/11/13; 78 FR 34911..
26.11.34.13................ Manufacturer 12/17/07 6/11/13; 78 FR 34911..
Compliance
Demonstration.
26.11.34.14................ Enforcement........... 12/17/07 6/11/13; 78 FR 34911..
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 52.1071 Classification of regions.
The Maryland plans were evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Cumberland-Keyser Interstate.............................. I I III III III
Central Maryland Intrastate............................... II II III III III
Metropolitan Baltimore Intrastate......................... I I I I I
National Capital Interstate............................... I I III I I
Southern Maryland Intrastate.............................. III III III III III
Eastern Shore Intrastate.................................. II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10870, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 53475, Aug. 12, 1980]
Sec. 52.1072 Conditional approval.
(a)-(d) [Reserved]
(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
[[Page 58]]
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 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; 74 FR 24705, May 26, 2009]
Effective Date Note: At 69 FR 19937, Apr. 15, 2004, in Sec.
52.1072, paragraph (e) was stayed indefinitely.
[[Page 59]]
Effective Date Note: At 78 FR 33984, June 6, 2013, Sec. 52.1072 was
removed and reserved, effective Aug. 5, 2013.
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 to adopt either the Federal clean
fuel fleet program or an alternative substitute program by May 15, 1994.
(e)-(g) [Reserved]
[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; 70 FR
25718, 25724, May 13, 2005; 70 FR 69443, Nov. 16, 2005; 74 FR 24705, May
26, 2009; 75 FR 82556, Dec. 30, 2010; 77 FR 52605, Aug. 30, 2012]
Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1073
was amended by removing and reserving paragraphs (b),(c), and (d),
effective Aug. 5, 2013.
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]
Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1074
was removed and reserved, effective Aug. 5, 2013.
Sec. 52.1075 Base year emissions 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
[[Page 60]]
the following pollutants: volatile organic compounds (VOC), carbon
monoxide (CO), and oxides of nitrogen (NOX).
(d) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventories for the Maryland ozone
nonattainment areas: Baltimore nonattainment areas, Cecil County, and
Kent and Queen Anne's Counties submitted by the Secretary of Maryland
Department of Environment on March 21, 1994. This submittal consists of
the 1990 base year point, area, non-road mobile, biogenic and on-road
mobile source emission inventories for the following pollutants:
volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOX).
(e) EPA approves as a revision to the Maryland State Implementation
Plan the 1990 base year emission inventory for the Maryland portion of
the Metropolitan Washington DC ozone nonattainment area submitted by the
Secretary of MDE on March 21, 1994. This submittal consists of the 1990
base year point, area, highway mobile, non-road mobile, and biogenic
source emission inventories in the area for the following pollutants:
Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of
nitrogen (NOX).
(f) EPA approves as a revision to the Maryland State Implementation
Plan an amendment to the 1990 base year emission inventories for the
Maryland portion of the Metropolitan Washington DC ozone nonattainment
area submitted by the Secretary of Maryland of the Department
Environment on December 24, 1997. This submittal consists of amendments
to the 1990 base year point, area, highway mobile, and non-road mobile
source emission inventories in the area for the following pollutants:
Volatile organic compounds (VOC), and oxides of nitrogen
(NOX).
(g) EPA approves revisions to the Maryland State Implementation Plan
amending the 1990 base year emission inventories for the Baltimore ozone
nonattainment area, submitted by the Secretary of Maryland Department of
the Environment on December 24, 1997. This submittal consists of
amendments to the 1990 base year point, area, highway mobile and non-
road mobile source emission inventories for volatile organic compounds
and nitrogen oxides in the Baltimore ozone nonattainment area.
(h) EPA approves revisions to the Maryland State Implementation Plan
amending the 1990 base year emission inventories for the Cecil County
portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area,
submitted by the Secretary of the Maryland Department of the Environment
on December 24, 1997. This submittal consists of amendments to the 1990
base year point, area, highway mobile and non-road mobile source
emission inventories for volatile organic compounds and nitrogen oxides
in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone
nonattainment area.
(i) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Baltimore 1997 8-
hour ozone moderate nonattainment area submitted by the Secretary of the
Maryland Department of the Environment on June 4, 2007. This submittal
consists of the 2002 base year point, area, non-road mobile, and on-road
mobile source inventories in area for the following pollutants: Volatile
organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides
(NOX).
(j) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Maryland portion
of the Philadelphia 1997 8-hour ozone moderate nonattainment area
submitted by the Secretary of the Maryland Department of the Environment
on June 4, 2007. This submittal consists of the 2002 base year point,
area, non-road mobile, and on-road mobile source inventories in area for
the following pollutants: volatile organic compounds (VOC), carbon
monoxide (CO) and nitrogen oxides (NOX).
(k) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventories for the Washington DC-MD-
VA 1997 8-hour ozone moderate nonattainment area submitted by the
Secretary
[[Page 61]]
of the Maryland Department of the Environment on June 4, 2007. This
submittal consists of the 2002 base year point, area, non-road mobile,
and on-road mobile source inventories in area for the following
pollutants: volatile organic compounds (VOC), carbon monoxide (CO) and
nitrogen oxides (NOX).
(l) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Maryland portion of
the Washington DC-MD-VA 1997 fine particulate matter (PM2.5)
nonattainment area submitted by the Maryland Department of Environment
on April 3, 2008. The 2002 base year emissions inventory includes
emissions estimates that cover the general source categories of point
sources, non-road mobile sources, area sources, on-road mobile sources,
and biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2).
(m) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Washington County,
Maryland 1997 fine particulate matter (PM2.5) nonattainment
area submitted by the Maryland Department of Environment on June 6,
2008. The 2002 base year emissions inventory includes emissions
estimates that cover the general source categories of point sources,
non-road mobile sources, area sources, on-road mobile sources, and
biogenic sources. The pollutants that comprise the inventory are
nitrogen oxides (NOX), volatile organic compounds (VOCs),
PM2.5, coarse particles (PM10), ammonia
(NH3), and sulfur dioxide (SO2).
(n) EPA approves as a revision to the Maryland State Implementation
Plan the 2002 base year emissions inventory for the Baltimore, Maryland
1997 fine particulate matter (PM2.5) nonattainment area
submitted by the Maryland Department of Environment on June 6, 2008. The
2002 base year emissions inventory includes emissions estimates that
cover the general source categories of point sources, non-road mobile
sources, area sources, on-road mobile sources, and biogenic sources. The
pollutants that comprise the inventory are nitrogen oxides
(NOX), volatile organic compounds (VOCs), PM2.5,
coarse particles (PM10), ammonia (NH3), and sulfur
dioxide (SO2).
[60 FR 55326, Oct. 31, 1995]
Editorial Note: For Federal Register citations affecting Sec.
52.1075, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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) [Reserved]
(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.
[[Page 62]]
(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 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) [Reserved]
(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 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
[[Page 63]]
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 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
[[Page 64]]
and to submit these additional contingency measures by October 31, 2004.
(o) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that the Washington, DC severe
1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the
applicable attainment date of November 15, 2005. EPA also has determined
that the Washington, DC severe 1-hour ozone nonattainment area is not
subject to the imposition of the section 185 penalty fees.
(p) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA has determined that that the Philadelphia-
Wilmington-Trenton severe 1-hour ozone nonattainment area attained the
1-hour ozone NAAQS by the applicable attainment date of November 15,
2005. EPA also has determined that the Philadelphia-Wilmington-Trenton
severe 1-hour ozone nonattainment area is not subject to the imposition
of the section 185 penalty fees.
(q) EPA approves revisions to the Maryland State Implementation Plan
consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Baltimore 1997 8-hour ozone moderate nonattainment area submitted by the
Secretary of the Maryland Department of the Environment on June 4, 2007.
(r) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Baltimore 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Maryland Department
of the Environment on June 4, 2007:
Transportation Conformity Emissions Budgets for the Baltimore Area
----------------------------------------------------------------------------------------------------------------
Effective date of adequacy
Type of control strategy SIP Year VOC (TPD) NOX (TPD) determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan................. 2008 41.2 106.8 April 13, 2009, (74 FR 13433),
published March 27, 2009.
----------------------------------------------------------------------------------------------------------------
(s) EPA approves revisions to the Maryland State Implementation Plan
consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Maryland portion of the Philadelphia 1997 8-hour ozone moderate
nonattainment area submitted by the Secretary of the Maryland Department
of the Environment on June 4, 2007.
(t) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Maryland portion of the Philadelphia 1997 8-hour
ozone moderate nonattainment area submitted by the Secretary of the
Maryland Department of the Environment on June 4, 2007:
Transportation Conformity Emissions Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Effective date of adequacy
Type of control strategy SIP Year VOC (TPD) NOX (TPD) determination or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan.................... 2008 2.3 7.9 April 13, 2009, (74 FR 13433),
published March 27, 2009.
----------------------------------------------------------------------------------------------------------------
(u) EPA approves revisions to the Maryland State Implementation Plan
consisting of the 2008 reasonable further progress (RFP) plan,
reasonably available control measures, and contingency measures for the
Washington DC-MD-VA 1997 8-hour ozone moderate nonattainment area
submitted by the Secretary of the Maryland Department of the Environment
on June 4, 2007.
(v) EPA approves the following 2008 RFP motor vehicle emissions
budgets (MVEBs) for the Washington, DC-MD-VA 1997 8-hour ozone moderate
nonattainment area submitted by the Director of the Virginia Department
of Environment Quality on June 12, 2007:
[[Page 65]]
Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area
----------------------------------------------------------------------------------------------------------------
Effective date of
Type of control strategy SIP Year VOC (TPD) NOX (TPD) adequacy determination
or SIP approval
----------------------------------------------------------------------------------------------------------------
Rate of Progress Plan............... 2008 70.8 159.8 September 21, 2009 (74
FR 45853), published
September 4, 2009.
----------------------------------------------------------------------------------------------------------------
(w) Determination of attainment. EPA has determined, as of February
28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air
quality data, the Washington, DC-MD-VA moderate nonattainment area has
attained the 1997 8-hour ozone National Ambient Air Quality Standard
(NAAQS). This determination, in accordance with 40 CFR 51.918, suspends
the requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 8-hour ozone NAAQS.
(x) Determination of attainment. EPA has determined, as of March 26,
2012, that based on 2008 to 2010 ambient air quality data, Philadelphia-
Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate
nonattainment area has attained the 1997 8-hour ozone NAAQS. This
determination, in accordance with 40 CFR 51.918, suspends the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 annual 8-hour ozone NAAQS.
(y) Determination--EPA has determined that, as of July 12, 2012, the
Baltimore 1-hour ozone nonattainment area has attained the 1-hour ozone
standard and that this determination obviates the requirement for
Maryland to submit for the Baltimore area the 1-hour ozone contingency
measure requirements of section 172(c)(9) of the Clean Air Act.
(z) EPA approves the attainment demonstration portion of the
attainment plan for the 1997 8-hour ozone NAAQS for the Philadelphia
Area submitted as a revision to the State Implementation Plan by the
Secretary of the Maryland Department of the Environment on June 4, 2007.
EPA also approves the 2009 motor vehicle emissions budgets associated
with the attainment demonstration for Cecil County, Maryland.
Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area
----------------------------------------------------------------------------------------------------------------
Type of control strategy SIP Year VOC (TPD) NOX (TPD)
----------------------------------------------------------------------------------------------------------------
Attainment Demonstration............................... 2009 7.3 2.2
----------------------------------------------------------------------------------------------------------------
[62 FR 40458, July 29, 1997]
Editorial Note: For Federal Register citations affecting Sec.
52.1076, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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]
Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1077
was removed and reserved, effective Aug. 5, 2013.
Sec. 52.1078 Extensions.
(a) [Reserved]
(b) The Administrator hereby extends by six-months the deadline by
which
[[Page 66]]
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; 69 FR
43522, July 21, 2004]
Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1078
was removed and reserved, effective Aug. 5, 2013
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]
Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1079
was removed and reserved, effective Aug. 5, 2013.
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. 52.1081 Control strategy: Particulate matter.
(a) Determination of Attainment. EPA has determined, as of January
12, 2009, the Maryland portion of the Metropolitan Washington, DC-MD-VA
nonattainment area for the 1997 PM2.5 NAAQS has attained the
1997 PM2.5 NAAQS. This determination, in accordance with 40
CFR 52.1004(c), suspends the requirements for this area to submit an
attainment demonstration and associated reasonably available control
measures, a reasonable further progress plan, contingency measures, and
other planning SIPs related to attainment of the standard for as long as
the area continues to attain the 1997 PM2.5 NAAQS.
(b) Determination of Attainment. EPA has determined, as of November
20, 2009, the Martinsburg-Hagerstown, WV-MD PM2.5
nonattainment area has attained the 1997 PM2.5 NAAQS. This
determination, in accordance with 40 CFR 52.1004(c), suspend the
requirements for this area to submit an attainment demonstration,
associated reasonably available control measures, a reasonable further
progress plan, contingency measures, and other planning SIPs related to
attainment of the standard for as long as this area continues to meet
the 1997 PM2.5 NAAQS.
(c) Determination of Attainment. EPA has determined, as of May 22,
2012, based on ambient air quality data of 2008 to 2010 and the
preliminary data of 2011, that the PM2.5 nonattainment area
of Baltimore, Maryland has attained the 1997 annual PM2.5
NAAQS. This determination, in accordance with 40 CFR 51.1004(c),
suspends the requirements for this area to submit an attainment
demonstration, associated reasonably available control measures, a
reasonable further progress plan, contingency measures, and other
planning SIPs related to attainment of the standard for as long as this
area continues to meet the 1997 annual PM2.5 NAAQS.
[74 FR 1148, Jan. 12, 2009, as amended at 74 FR 60203, Nov. 20, 2009; 77
FR 30212, May 22, 2012]
Sec. 52.1082 Determinations of attainment.
(a) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Metropolitan Washington,
District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle
(PM2.5) nonattainment area attained the 1997 annual
PM2.5 National Ambient Air Quality Standard (NAAQS) by the
applicable attainment date of April 5, 2010. Therefore, EPA has met the
requirement
[[Page 67]]
pursuant to CAA section 179(c) to determine, based on the area's air
quality as of the attainment date, whether the area attained the
standard. EPA also determined that the Metropolitan Washington, DC-MD-VA
nonattainment area is not subject to the consequences of failing to
attain pursuant to section 179(d).
(b) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the Martinsburg-Hagerstown,
West Virginia-Maryland (WV-MD) fine particle (PM2.5)
nonattainment area attained the 1997 annual PM2.5 National
Ambient Air Quality Standard (NAAQS) by the applicable attainment date
of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA
section 179(c) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard. EPA also
determined that the Martinsburg-Hagerstown, WV-MD nonattainment area is
not subject to the consequences of failing to attain pursuant to section
179(d).
(c) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area
has attained the 1997 8-hour ozone NAAQS by the applicable attainment
date of June 15, 2010. Therefore, EPA has met the requirement pursuant
to CAA section 181(b)(2)(A) to determine, based on the area's air
quality as of the attainment date, whether the area attained the
standard. EPA also determined that the Washington, DC-MD-VA moderate
nonattainment area will not be reclassified for failure to attain by its
applicable attainment date pursuant to section 181(b)(2)(A).
(d) Based upon EPA's review of the air quality data for the 3-year
period 2008 to 2010, EPA determined that Philadelphia-Wilmington-
Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the
Philadelphia Area) attained the 1997 8-hour ozone National Ambient Air
Quality Standard (NAAQS) by the applicable attainment date of June 15,
2011. Therefore, EPA has met the requirement pursuant to CAA section
181(b)(2)(A) to determine, based on the area's air quality as of the
attainment date, whether the area attained the standard. EPA also
determined that the Philadelphia Area nonattainment area will not be
reclassified for failure to attain by its applicable attainment date
under section 181(b)(2)(A).
(e) Based upon EPA's review of the air quality data for the 3-year
period 2007 to 2009, EPA determined that the PM2.5
nonattainment area of Baltimore, Maryland attained the 1997 annual
PM2.5 NAAQS by the applicable attainment date of April 5,
2010. Therefore, EPA has met the requirement pursuant to CAA section
179(c) to determine, based on the area's air quality as of the
attainment date, whether the area attained the NAAQS. EPA has also
determined that the PM2.5 nonattainment area of Baltimore,
Maryland is not subject to the consequences of failing to attain
pursuant to section 179(d).
(f) Based upon EPA's review of the air quality data for the 3-year
period 2003 to 2005, EPA determined, as of July 12, 2012, that the
Baltimore 1-hour ozone nonattainment area did not attain the 1-hour
ozone standard as of its applicable 1-hour ozone attainment date of
November 15, 2005.
(g) Based on 2009-2011 complete, quality-assured ozone monitoring
data at all monitoring sites in the Baltimore 1-hour ozone nonattainment
area, EPA determined, as of July 12, 2012, that the Baltimore 1-hour
ozone nonattainment area has attained the 1-hour ozone standard.
[77 FR 1413, Jan. 10, 2012, as amended at 77 FR 11741, Feb. 28, 2012; 77
FR 17344, Mar. 26, 2012; 77 FR 30212, May 22, 2012; 77 FR 34819, June
12, 2012]
Sec. 52.1083 [Reserved]
Sec. 52.1084 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source and each unit located
in the State of Maryland and for which requirements are set forth under
the TR NOX Annual Trading Program in subpart AAAAA of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the
[[Page 68]]
promulgation of an approval by the Administrator of a revision to
Maryland's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec. 52.38(a), except to the extent the Administrator's approval
is partial or conditional.
(2) Notwithstanding the provisions of paragraph (a)(1) of this
section, if, at the time of the approval of Maryland's SIP revision
described in paragraph (a)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
(b)(1) The owner and operator of each source and each unit located
in the State of Maryland and for which requirements are set forth under
the TR NOX Ozone Season Trading Program in subpart BBBBB of
part 97 of this chapter must comply with such requirements. The
obligation to comply with such requirements will be eliminated by the
promulgation of an approval by the Administrator of a revision to
Maryland's State Implementation Plan (SIP) as correcting the SIP's
deficiency that is the basis for the TR Federal Implementation Plan
under Sec. 52.38(b), except to the extent the Administrator's approval
is partial or conditional.
(2) Notwithstanding the provisions of paragraph (b)(1) of this
section, if, at the time of the approval of Maryland's SIP revision
described in paragraph (b)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.
[76 FR 48366, Aug. 8, 2011]
Sec. 52.1085 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each source and each unit located in
the State of Maryland and for which requirements are set forth under the
TR SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements will be eliminated by the promulgation of
an approval by the Administrator of a revision to Maryland's State
Implementation Plan (SIP) as correcting the SIP's deficiency that is the
basis for the TR Federal Implementation Plan under Sec. 52.39, except
to the extent the Administrator's approval is partial or conditional.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Maryland's SIP revision described in
paragraph (a) of this section, the Administrator has already started
recording any allocations of TR SO2 Group 1 allowances under
subpart CCCCC of part 97 of this chapter to units in the State for a
control period in any year, the provisions of subpart CCCCC of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR SO2 Group 1 allowances to units in the
State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.
[76 FR 48367, Aug. 8, 2011]
Sec. Sec. 52.1086-52.1099 [Reserved]
Sec. 52.1100 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Maryland'' and all revisions submitted by Maryland that
were federally approved prior to November 1, 2004.
(b) The plans were officially submitted on January 28, 1972.
[[Page 69]]
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory additions and errata to the plan
submitted on February 25, 1972, by the Maryland Bureau of Air Quality
Control.
(2) Clarification of emission data submitted on March 3, 1972, by
the Maryland Bureau of Air Quality Control.
(3) Final State emission limitations, Regulations 10.03.35-10.03.41
of the Maryland Air Pollution Control Regulations, submitted on April 4,
1972, by the Maryland Bureau of Air Quality Control.
(4) Miscellaneous non-regulatory corrections and additions to the
plan submitted on April 28, 1972, by the Maryland Bureau of Air Quality
Control.
(5) Miscellaneous non-regulatory corrections and additions to the
plan submitted on May 8, 1972, by the Maryland Bureau of Air Quality
Control.
(6) Revision establishing unsuitable sites for construction of power
plants submitted July 27, 1972, by the Maryland Department of Natural
Resources.
(7) Transportation control plan for Metropolitan Baltimore and
National Capital AQCR Submitted on April 16, 1973, by the Governor.
(8) Amendments to the Maryland Transportation Control Plans
submitted on May 5, 1973, by the Governor.
(9) Amendments to the Maryland Transportation Control Plans
submitted on June 15, 1973, by the Governor.
(10) Amendments to the Maryland Transportation Control Plans
submitted on June 22, 1973, by the Governor.
(11) Amendments to the Maryland Transportation Control Plans
submitted on June 28, 1973, by the Governor.
(12) Amendments to the Maryland plan for attainment and maintenance
of secondary SO2 standard for Metropolitan Baltimore AQCR
submitted on July 31, 1973, by the Governor.
(13) Amendment to Maryland regulations 10.03.38.04J and 10.03.39.04J
covering gasoline handling vapor control submitted on April 24, 1974, by
the Governor of Maryland.
(14) Request for regulations 10.03.38.06G(2) and 10.03.39.06G(2) to
be withdrawn from consideration submitted on November 29, 1974, by the
Governor of Maryland.
(15) Amendments to Maryland Regulations 10.03.36, 10.03.37,
10.03.39, 10.03.40 and 10.03.41; deleting subsection .04B(3), which
requires the lowering of the allowable sulfur-in-fuel limitation to 0.5
percent submitted on December 11, 1974 by the Governor.
(16) Amendment to Sections .04J(1) and .04J(2) of Maryland
Regulations 10.03.38 and 10.03.39 (vapor recovery, Stage I); submitted
on April 24, 1974, and amended on July 1, 1975 by the Governor.
(17) Amendment to Sections .04B(1) and .04B(2) of Maryland
Regulations 10.03.37, 10.03.40 and 10.03.41 (allowable sulfur content in
fuel); submitted on July 1, 1975 by the Governor.
(18) Amendment to Maryland Regulation 10.03.38, deleting subsection
.04B(3), which requires the lowering of the allowable sulfur-in-fuel
limitation to 0.5 percent, submitted on December 11, 1974 by the
Governor.
(19) Amendments to Sections .03 (Air Pollution Episode System), .06
(Test Methods) and .11 (Permits); and deletion of Section .04 (Prior
Registration of Proposed Installations) of Maryland Regulation 10.03.35
(Regulations Governing Air Pollution Control in the State of Maryland);
amendments to Sections .03 (Control of Particulate Emissions), .04
(Control and Prohibition of oxides of nitrogen emissions), and
associated tables of Maryland Regulations 10.03.36, 10.03.37, 10.03.40,
and 10.03.41 (Regulations Governing Air Pollution Control in the
Cumberland-Keyser, Central Maryland, Southern Maryland, and Eastern
Shore AQCRs); amendments to Sections .03 (Control and Prohibition of
Particulate Emissions), .04 (Control and Prohibition of Hydrocarbons
andOxides of Nitrogen Emissions) and .06 (Control and Prohibition of
Installations and Operations) and associated tables of Maryland
Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution
Control in the Metropolitan Baltimore and National Capital AQCRs);
submitted on April 24, 1974 by the Governor.
(20) Amendments to Sections .01 (Definitions), .04 (Ambient Air
Quality
[[Page 70]]
Standards (former Section .05 of Regulations)), 10.03.36 through
10.03.41 (Regulations Governing Control of Air Pollution in the State of
Maryland); amendments to Sections .01 (Control and Prohibition of Open
Burning), .02 (Control and Prohibition of Particulate Emissions), .03
(Control and Prohibition of Sulfur Oxides, Hydrocarbons and Oxides of
Nitrogen Emissions), and .06 (Control and Prohibition of Installations
and Operations) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40,
and 10.03.41 (Regulations Controlling Air Pollution in the Cumberland-
Keyser, Central Maryland, Southern Maryland and Eastern Shore AQCRs);
amendments to Section .02 (Control and Prohibition of Visible
Emissions), .03 (Control and Prohibition of sulfur oxides, hydrocarbons,
and oxides of nitrogen emissions), and .06 (Control and Prohibition of
Installations and Operations) of Maryland Regulations 10.03.38 and
10.03.39 (Regulations Controlling Air Pollution in the Metropolitan
Baltimore and National Capital AQCRs); submitted on December 11, 1974 by
the Governor.
(21) Amendments to Section .11 (Permits) of Maryland Regulation
10.03.35 (Regulations Governing Control of Air Pollution in the State of
Maryland); amendments to Section .04 (Control and prohibition of sulfur
oxides emissions) of Maryland Regulations 10.03.36, 10.03.37, 10.03.40
and 10.03.41 (Regulations Governing Air Pollution Control in the
Cumberland-Keyser, Central Maryland, Southern Maryland and Eastern Shore
AQCR's); deletion of Section .03D(1) (Control of particulate matter from
grain drying installations) from Maryland Regulations 10.03.36,
10.03.37, 10.03.40 and 10.03.41; deletion of Section .03D (Control of
particulate matter from grain drying installations) from Maryland
Regulations 10.03.38 and 10.03.39 (Regulations Governing Air Pollution
Control in the Metropolitan Baltimore and National Capital AQCR's)
submitted by the Governor on July 1, 1975.
(22) A Consent Order for the Chalk Point power plant issued by the
Circuit Court for Montgomery County on February 27, 1978.
(23) Amendments to Sections .01 (Definitions), .03 (Air Pollution
Episode System), .06 (Test Methods) and .12 (Emission Test Methods); and
deletion of Section .08 (Penalties and Plans for Compliance) of
Regulation 10.03.35 (Regulations Governing Air Pollution Control in the
State of Maryland); amendments to Table 1 (Emission Standards for New
Fuel Burning Equipment) of Maryland Regulations 10.03.36 through
10.03.41; amendments to Section .04 (Control and Prohibition of Gas and
Vapor Emissions) and .06 (Control and Prohibition of Installations and
Operations; and deletion of Section. .03E (Process Weight Requirements)
and .07 (Transition from Previous Regulations) of Maryland Regulation
10.03.38 (Regulation Governing Air Pollution Control in the Metropolitan
Baltimore AQCR); amendments to Section .01 (Control of Open Fires) and
.04 (Control of Gas and Vapor Emissions; and deletion of Sections .03E
(Process Weight Requirements) and .07 (Transition from Previous
Regulations) of Maryland Regulation 10.03.39 (Regulation Governing Air
Pollution Control in the Maryland Portion of the National Capital
Interstate AQCR) submitted on February 10, 1977 by the Governor.
(24) Amendments to Maryland Regulation 10.03.35 through 10.03.41
inclusive which supplement the English System measurement with
equivalent metric units submitted on February 10, 1977 by the Governor.
(25) Consent Order dated July 28, 1978 between the Potomac Electric
Power Company and the Department of Health and Mental Hygiene of the
State of Maryland in the Circuit Court for Montgomery County (No.
49352--Equity) submitted on August 8, 1978 by Acting Governor Blair Lee.
(26) Consent Orders for Beall Jr./Sr. High School and Mount St.
Mary's College issued by the Secretary of the Maryland Department of
Health and Mental Hygiene on January 30, 1979 and March 8, 1979
respectively.
(27) Amendments to Sections .01, .07, and .11 of Maryland Regulation
10.18.01 as submitted on January 19, 1979 by the Governor.
(28) Amendments to Sections .03D, .03F, .03H, .06I of Maryland
Regulation 10.18.04 and 10.18.05 as submitted on January 19, 1979 by the
Governor.
[[Page 71]]
(29) Variances from Maryland regulations 10.18.04.02(A),
10.18.04.03(B)(3), and 10.18.04.04(B)(1) relating to visible emissions,
particulate matter from solid fuel burning equipment and prohibition of
usage of fuel with sulfur content in excess of one percent by weight,
respectively. The variance request was submitted on October 24, 1979 by
the Governor of Maryland.
(30) Consent orders submitted by the Governor on July 16, 1975,
November 18, 1977, and by the Administrator, Air Quality Programs on
June 15, 1979 granting the Westvaco Corporation an exception to
Regulation COMAR 10.18.02.04B.
(31)-(32) [Reserved]
(33) A consent order amending regulation 10.18.07, 10.18.07.02B,
10.18.07.03B(2)a, for the Firestone Plastics Co., Inc., Perryville,
Maryland, submitted on December 1, 1978, by the Maryland Environmental
Health Administration.
(34) Amendment to Maryland regulations 10.18.05.03(B)(2),
10.18.05.02(A), and 10.18.05.03(B)(1)(a) relating to relaxation of
particulate emissions, visible emissions and waiving of particulate
control equipment requirement for the Chalk Point Generating Station
Unit 3. The amendment, a Secretarial Order, was submitted on
August 13, 1979 by the State of Maryland.
(35) Variance from Maryland regulation 10.18.04.02(A) relating to
visible emissions and allowing a maximum visible emission of 25%
opacity. This variance expires on September 11, 1982. The variance
request was submitted on September 27, 1979 by the State of Maryland.
(36) Amendments to Sections .01 (Definitions), .04 (Ambient Air
Quality Standards), and .11 (Permits) of Maryland Regulation 10.18.01
(Regulations Governing Control of Air Pollution in the State of
Maryland); and amendments to Section .02 (Control and Prohibition of
Visible Emissions) of Maryland Regulations 10.18.04 and 10.18.05
(Regulations Governing Air Pollution Control in the Metropolitan
Baltimore and National Capital AQCRS's) submitted by the Governor on
September 26, 1979.
(37) Amendments to Section .04J(3)a and .04J(3)b (Organic Compounds)
of Maryland Regulations 10.18.04 and 10.18.05; submitted on February 10,
1977 by the Governor.
(38) Deletion of Section .06G(2) (Control and Prohibition of
Photochemically Reactive Organic Compounds from sources existing on or
before February 12, 1974) of Maryland Regulations 10.18.04 and 10.18.05;
submitted on December 10, 1979 by the Governor.
(39) Deletion of Sections .06G(1) and .06G(3) (Control and
Prohibition of Photochemically Reactive Organic Materials From Sources
Built or Modified after February 12, 1974) of Maryland Regulations
10.18.04 and 10.18.05 from the Maryland State Implementation Plan (SIP).
(40) Letter of January 21, 1980 from Maryland to EPA explaining the
State's interpretation of the scope of coverage of Maryland Regulation
10.18.04.04J.
(41) Amendments to Sections .06 of Maryland Regulation 10.18.04 and
10.18.05 as submitted on January 19, 1979 by the Governor.
(42) Amendment to Section .01(y) of Maryland Regulation 10.18.01 as
submitted on December 10, 1979 by the Governor.
(43) Amendments to Regulations 10.18.04 and 10.18.05; Sections
.04J(1)c, .04J(1)d, .04J(1)e(i), .04J(1)f, .04J(1)g, .04J(1)h,
.04J(1)i(i), .04J(3)d, .04J(4)a, .04J(4)b, and .04J(5) a through j;
submitted on January 19, 1979, and amended on September 26, 1979 by the
State of Maryland.
(44) A revision submitted by the State of Maryland on December 20,
1979 which is intended to establish an Ambient Air Quality Monitoring
Network.
(45) Recodification of the Maryland Regulations submitted by the
State of Maryland on May 22, 1980.
(46) Amendments to section .04D(4) of COMAR 10.18.04 and COMAR
10.18.05 establishing a revised sulfur oxides emissions limitation for
all existing solid fuel-fired, cyclone type fuel burning 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,
[[Page 72]]
EPA, certifying that the Baltimore Gas & Electric Company's C. P. Crane
Generating Station is the sole facility to which COMAR 10.18.04.04D(4)
and 10.18.05.04D(4) would apply.
(48) A revision submitted by the State of Maryland on 9/10/80
consisting of a variance issued to the General Refractories Company of
Baltimore, Maryland exempting the Company from the ``No Visible
Emissions'' requirements of COMAR 10.18.04.02A for aperiod of three (3)
years commencing 9/2/80.
(49) A revision submitted by the State of Maryland on November 3,
1980 consisting of a Consent Agreement (Order) between the State of
Maryland and the Maryland Slag Company decreasing the particulate matter
emission limitation for the Company.
(50) A revision submitted by the State of Maryland on October 24,
1979 consisting of amendments to the following regulations:
COMAR 10.18.01 as recodified in 40 CFR 52.1070(c)(45), 10.18.02 as
recodified in 40 CFR 52.1070(c)(45), 10.18.03 as recodified in 40 CFR
52.1070(c)(45), 10.18.04 as recodified in 40 CFR 52.1070(c)(45),
10.18.05 as recodified in 40 CFR 52.1070(c)(45), 10.18.06 as recodified
in 40 CFR 52.1070(c)(45), 10.18.07 as recodified in 40 CFR
52.1070(c)(45).
(51) A revision submitted by the State of Maryland on May 22, 1980,
consisting of changes in definitions in sections 10.18.01.01 and
revoking of obsolete regulations, COMAR 10.03.38.04 B(4) and 10.03.39.04
B(4).
(52) A revision submitted by the State of Maryland on April 24,
1974, consisting of changes in COMAR 10.03.35.06 A(1) and 10.03.35.06
A(3).
(53) A revision submitted by the State of Maryland on December 10,
1979, consisting of changes in Sections .01 and .11 of COMAR 10.18.01,
and in Sections .05 and .07 of COMAR 10.18.02, 10.18.03, 10.18.04,
10.18.05, 10.18.06 and 10.18.07.
(54) A revision submitted by the State of Maryland on October 17,
1980, consisting of an exception to COMAR 10.18.06.02B for the Maryland
Cup Corporation.
(55) A revision submitted by the State of Maryland on August 7, 1981
consisting of an exception to COMAR 10.18.09.07A(2)(c) for the Reading-
Whitehall Paperboard Company.
(56) A Secretarial order submitted by the State of Maryland on June
23, 1981 consisting of a variance issued to the Potomac Electric Power
Company at Dickerson, Maryland exempting the company from the ``no
visible emissions'' requirements of COMAR 10.18.09.05A(2) until five
years from the date of approval by EPA.
(57) A Secretarial order submitted by the State of Maryland on July
17, 1981 consisting of a various issued to the American Cyanamid
Company, Havre de Grace, Maryland from the ``no visible emissions''
requirement of COMAR 10.18.06.02B until July 8, 1986.
(58) Amendments to COMAR 10.18.01, 10.18.06, 10.18.08, 10.18.09,
10.18.11, 10.18.12, 10.18.13, 10.18.14, 10.18.21, and Technical
Memorandum TM-116 (amended November 1980) as submitted by the Governor
on May 18, 1981.
(59) Addition of Maryland Regulation 10.18.06.14 (Control of PSD
sources) which incorporates by reference the Federal prevention of
significant deterioration (PSD) requirements set forth in 40 CFR 52.21;
submitted on June 24, 1981 by the Governor.
(60) A State Implementation Plan for the control of lead (Pb)
emissions submitted on October 23, 1980 by the Governor.
(61) A letter containing supplemental clarifying information with
respect to the State's control strategy demonstration; submitted on July
27, 1981 by the Maryland Air Management Administration.
(62) A revised Secretarial order controlling lead emissions from the
Mobay Chemical Corporation's frit manufacturing plant in Baltimore,
Maryland; submitted December 16, 1981 by the Maryland Air Management
Administration.
(63) A revision submitted by the State of Maryland on October 8,
1981 detailing a plan for satisfying requirements of sections 121 and
127 of the Clean Air Act Amendments of 1977.
(64) A revision submitted by the State of Maryland on November 18,
1981, consisting of a Modified Amended Consent Order for Potomac
Electric Power Company's Chalk Point generating station.
[[Page 73]]
(65) A Secretarial order stating the terms under which a
construction permit for a new source in a nonattainment area will be
issued by the Northeast Maryland Waste Disposal Authority to
Wheelabrator-Frye, Inc. to construct and operate a municipal
incinerator; submitted on December 22, 1981 by the Director, Maryland
Air Management Administration, Department of Health and Mental Hygiene.
(66) An amendment to Code of Maryland Air Regulation (COMAR)
10.18.08.05A(1) revising the method for calculating particulate
emissions from incinerators located in the Cumberland-Keyser, Central
Maryland, Southern Maryland and Eastern Shore Air Quality Control
Regions (AQCR's), submitted on January 11, 1982 by the Governor.
(67) Code of Maryland Air Regulations (COMAR) 10.18.10 (Control of
Iron and Steel Production Installations); Technical Memorandum AMA-TM
81-04: Amendment to AMA-TM 73-116; Amendments to COMAR 10.18.01.01
(General Administrative Regulations--Definitions) and COMAR 10.18.06.02
(General Emission Standards, Prohibitions and Restriction); and a New
Amended Plan for Compliance for the Bethlehem Steel Corporation's
Sparrows Point, Maryland Plant; submitted on August 11, 1981 by the
Governor.
(68) The revised Health-Environmental Article of the Annotated Code
of Maryland, submitted on July 2, 1982 by the Director, Maryland Air
Management Administration, Department of Health and Mental Hygiene.
(69) A revision submitted by the State of Maryland on November 15,
1982, consisting of an extension to the previous visible emission
exception to COMAR 10.18.01.08 (Exception to Visible Emission
Requirements) for the Maryland Cup Corporation. The exception is renewed
until September 11, 1987.
(70) A modified Secretarial order stating the terms under which a
construction permit for a new source in a nonattainment area will be
issued to Wheelabrator-Frye, Inc. who will construct, own, and operate a
municipal incinerator; submitted on March 17, 1983 by the Director,
Maryland Air Management Administration, Department of Health and Mental
Hygiene.
(71) Plan Revision, excluding the schedules for additional VOC
controls and the required Vehicle Emissions Inspection Program,
providing for attainment of the Ozone and Carbon Monoxide Standards,
submitted by the State on July 1, 1982 for the Metropolitan Baltimore
Intrastate Air Quality Control Region (AQCR) and November 5, 1982 for
the Maryland portion of the National Capital Interstate AQCR. On May 4,
1983, and June 13 and 16, 1983, the State submitted amended I/M
regulations. A revised schedule for the adoption of controls for VOC
sources was submitted on December 23, 1983.
(72) Amendments to Code of Maryland Regulations (COMAR) 10.18.01,
.02, .06, .11, .13, and .21 which apply to air quality control areas III
and IV, submitted on August 22, 1983.
(73) A revision submitted by the State of Maryland on July 12, 1983,
consisting of a plan for Compliance for the J.L. Clark Manufacturing
Company in Havre De Grace.
(74) A Consent Order granting the Westvaco Corporation a sulfur
dioxide (SO2) emissions limitation which is equivalent to
COMAR 10.18.09. 07(A)(1)(a); submitted on September 7, 1983, as amended
on February 7, 1984 by the Maryland Air Management Administration.
(75) Revision submitted by the State of Maryland on December 13,
1983 consisting of a Plan for Compliance for the General Motors
Corporation, GM Assembly Division, Baltimore City Plant.
(76) Revision submitted by the State of Maryland on December 13,
1983 consisting of a Plan for Compliance for the American Can Company,
Baltimore City.
(77) Revision submitted by the State of Maryland on December 13,
1983 consisting of a Plan for Compliance for the National Can
Corporation, Baltimore County.
(78) Revision submitted by the State of Maryland on April 6, 1984
consisting of a Plan for Compliance for the Crown Cork and Seal Company,
Inc., Baltimore City.
(79) Revision submitted by the State of Maryland on April 6, 1984
consisting
[[Page 74]]
of a Plan for Compliance for the Continental Can Company, Baltimore
City.
(80) A revision submitted by the State of Maryland on January 26,
1984, and May 25, 1984 consisting of amendments to change the State's
stationary source stack testing procedures document and to correct a
State procedural defect relating to procedures for observing visible
emissions from iron and steel facilities.
(81) [Reserved]
(82) Revisions to the Code of Maryland Regulations (COMAR) were
submitted by the Director of the Maryland Air Management Administration
of March 14, 1984.
(i) Incorporation by reference.
(A) Amendments to COMAR 10.18.02 (Permits, Approvals and
Registration) and COMAR 10.18.08 (Control of Incinerators), as published
in the Maryland Register on February 3, 1984 (proposed on November 11,
1983).
(ii) Additional material.
(A) Letter from the MAMA dated November 29, 1984 clarifying that
permit applications would only be accepted from incinerators subject to
the hazardous waste facility regulations and that hazardous waste
facility permits would be treated as air quality permits for all
purposes.
(83) Revisions to the Code of Maryland Regulations (COMAR) were
submitted by the Director of the Maryland Air Management Administration
on March 14, 1984.
(i) Incorporation by reference.
(A) Amendments to COMAR 10.18.09 (Control of Fuel Burning Equipment
and Stationary Internal Combustion Engines), as published in the
Maryland Register on March 2, 1984.
(ii) Additional information.
(A) Letter from MAMA dated November 29, 1984 clarifying that a
permit cannot be issued for the sources unless they undergo new source
review as under COMAR 10.18.02 (Permits, Approvals and Registration).
(84) [Reserved]
(85) Revisions to the Ozone Attainment Plan were submitted by the
Director, Maryland Air Management Administration, on August 1, 1984.
(i) Incorporation by reference.
(A) State Secretarial Order for the Monarch Manufacturing Company
located in Belcamp, Maryland, allowing interim VOC emission standards to
be used by the Company until source-specific regulations are developed
by MAMA. The Company shall come into compliance with the source-specific
regulations within six months after their adoption. The Secretarial
Order was approved on July 23, 1984.
(86) Revisions submitted on March, 1, 1989 by the Secretary,
Maryland Department of the Environment, amending the Code of Maryland
Air Regulations (COMAR) 10.18.21.10 (Graphic Arts) and COMAR 10.18.21.13
(Miscellaneous Metal Coating, Interior Sheet Drum Lining).
(i) Incorporation by reference.
(A) Revisions to COMAR 10.18.21.10, pertaining to graphic arts, and
COMAR 10.18.21.13, pertaining to miscellaneous metal coating, interior
sheet drum lining. These revisions were adopted by the Secretary of
Health and Mental Hygiene on June 10, 1987and became effective on August
10, 1987.
(ii) Additional information.
(A) Letter of June 30, 1987 from George P. Ferreri, Director,
Maryland Air Management Administration, to Thomas J. Maslany, EPA Region
III, forwarding revisions to COMAR 10.18.21.10 and COMAR 10.18.21.13.
(B) Letter of March 13, 1989 from George P. Ferreri, Director,
Maryland Air Management Administration to Stanley L. Laskowski, Acting
Regional Administrator, EPA Region III, clarifying information with
respect to the adopted and effective dates of the revisions to COMAR
10.18.21.10 and COMAR 10.18.21.13.
(87) A revision submitted by the Secretary, Maryland Department of
Health and Mental Hygiene on March 30, 1987, consisting of amendments to
the Good Engineering Practice (GEP) Stack Height Regulations, COMAR
10.18.01.08 (Determination of Ground Level Concentrations--Acceptable
Techniques).
(i) Incorporation by reference.
(A) Letter of March 30, 1987 from the Secretary, Maryland Department
of Health and Mental Hygiene.
(B) COMAR 10.18.01.08 (Determination of Ground Level
Concentrations--Acceptable Techniques), which was adopted by the
Maryland Department of
[[Page 75]]
Health and Mental Hygiene on January 23, 1987.
(ii) Additional information.
(A) None.
(88) [Reserved]
(89) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on June 30, 1987.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated June
30, 1987 submitting a revision to the Maryland State Implementation Plan
pertaining to the definitions of true vapor pressure and vapor pressure.
(B) Maryland Register Volume 13, page 2048; COMAR 10.18.01.01
Definitions V-1. and X-1 (Now recodified as COMAR 26.11.01.01 Z. and
CC.).
(90) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on March 21, 1991.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated March
21, 1991 submitting a revision to the Maryland State Implementation
Plan.
(B) Recodified Maryland Regulations, revised effective August 1,
1988.
(1) COMAR 26.11.01.01A. through J., L., O. through BB., DD. (except
for ``ammonium carbonates''); COMAR 26.11.01.02 through 26.11.01.09.
(2) COMAR 26.11.02.01 through 26.11.02.03A.(6)(o), 26.11.02.03A.(7)
through 26.11.02.09, 26.11.02.10A., 10E., 26.11.02.11A., .11B.(2)-(3),
11C., 26.11.02.12 through 26.11.02.16.
(3) COMAR 26.11.03.01 through 26.11.03.03, 26.11.03.05 through
26.11.03.08.
(4) COMAR 26.11.05--(Entire Chapter).
(5) COMAR 26.11.06.03A.-.03C.; 26.11.06.05, 26.11.06A., .06C., .06D;
26.11.06.10, 26.11.06.11, 26.11.06.15, 26.11.06.16.
(6) COMAR 26.11.07.01 through 26.11.07.04, 26.11.07.05A. (1), (2),
26.11.07.05A.(5) through .05A.(7), 26.11.07.05B (1), (2), (4), (5).
(7) COMAR 26.11.09.01 through 26.11.09.04, 26.11.09.05B.,
26.11.09.06 through 26.11.09.09.
(8) COMAR 26.11.10--Entire chapter except for COMAR
26.11.10.03B.(3).
(9) COMAR 26.11.11--Entire chapter except for COMAR 26.11.11.04A(1)-
(4).
(10) COMAR 26.11.12--Entire Chapter.
(11) COMAR 26.11.13.01 (definitions of ``external floating roof,''
``gasoline,'' ``internal floating roof,'' ``liquid-mounted seal,''
``metallic-type shoe seal,'' ``rim-mounted secondary seal,'' ``shoe
mounted secondary seal,'' ``tank truck,'' ``vapor control system,''
``vapor mounted seal''; 26.11.13.02 (except for .02C(3)), 26.11.13.03,
26.11.13.04B., 26.11.13.05.
(12) COMAR 26.11.19.01A., 01B(2), (4), (5), .02A, .02B(1) (except
for ``low VOC adhesives''), .02B(2), (3), .02C(1), (2), .02D., .02E
(except for all references to variables ``C'' and ``D''), .02F(1), (2),
(3) (except for ``and''); 26.11.19.04 through 26.11.19.10, 26.11.19.13,
26.11.19.14.
(13) COMAR 26.11.20--Entire Chapter except for COMAR 26.11.20.02.
(ii) Additional materials.
(A) Remainder of the March 21, 1991 State Submittal known as
Maryland 91-01B.
(91) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment--Air Management Administration on
August 20, 1984, regarding a bubble for American Cyanamid in Havre de
Grace, Maryland.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Health and Mental
Hygiene--Air Management Administration (now known as the Maryland
Department of the Environment--Air Management Administration) dated
August 20, 1984 submitting a revision to the Maryland State
Implementation Plan regarding a bubble for American Cyanamid.
(B) Secretarial Order (By Consent) between American Cyanamid and the
Maryland State Department of Health and Mental Hygiene--Air Management
Administration (now known as the Maryland Department of the
Environment--Air Management Administration) except for section 2,
approved on August 2, 1984.
(ii) Additional material.
(A) Letter dated September 17, 1984 from Ronald E. Lipinski, MAMA,
to James Topsale, EPA Region III, providing emissions information for
the sources involved in the American Cyanamid bubble.
(B) Public Hearing record for the May 23, 1984 public hearing.
[[Page 76]]
(C) Technical Support Document, prepared by Maryland, for American
Cyanamid, including formulas to calculate bubble emissions.
(92) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on December 15, 1987.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated
December 15, 1987 submitting a revision to the Maryland State
Implementation Plan.
(B) Amendments to the Code of Maryland Air Regulations (COMAR)
10.18.03, State Adopted National Ambient Air Quality Standards and
Guidelines limited to the amendment of 10.18.03.04, carbon monoxide and
COMAR 10.18.06, General Emission Standards, Prohibitions, and
Restrictions, limited to the amendment of 10.18.06.04, carbon monoxide
in areas III and IV. The amendments to COMAR 10.18.03.04 and 10.18.06.04
were adopted by the Maryland Department of the Environment on November
4, 1987, and made effective on January 5, 1988.
(93) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on December 30, 1987.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated
December 15, 1987, submitting revisions to the Maryland State
Implementation Plan.
(B) Amendments to regulations 10.18.01 O-1, 10.18.02.03 H(3)(i), and
10.18.06.14 under the Code of Maryland Administrative Regulations
(COMAR) revising Maryland's prevention of significant deterioration
program to incorporate changes to 40 CFR 52.21 made between 1980 and
1986. The amendments to COMAR 10.18.01 O-1, 10.18.02.03 H(3)(i), and
10.18.06.14 were effective on January 5, 1988 in the State of Maryland.
(ii) Additional materials.
(A) None.
(94) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on March 8, 1989.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated March
1, 1989, submitting revisions to the Maryland State Implementation Plan.
(B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9), and
26.11.06.14 (proposed as 10.18.01 O-1, 10.18.02.03 H(3)(i), and
10.18.06.14) under the Code of Maryland Administrative Regulations
(COMAR) revising Maryland's prevention of significant deterioration
program to incorporate changes to 40 CFR 52.21 made between 1986 and
1987, thereby establishing the increment for NO2 and
requiring sources to conduct an NO2 increment consumption
analysis. The amendments to COMAR 26.11.01.01, 26.11.02.10 (C)(9), and
26.11.06.14 were effective on March 21, 1989 in the State of Maryland.
(ii) Additional materials.
(A) None.
(95) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on March 28, 1991.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated March
21, 1991 submitting revisions to the Maryland State Implementation Plan.
(B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the
Code of Maryland Administrative Regulations (COMAR) revising Maryland's
prevention of significant deterioration program to incorporate changes
to 40 CFR 52.21 made between 1987 and 1989. The amendments to COMAR
26.11.01.01, and 26.11.06.14 were effective on March 31, 1991 in the
State of Maryland. The amendments to 26.11.02.10 (C)(9) were effective
on May 8, 1991 in the State of Maryland.
(ii) Additional materials.
(A) None.
(96) Revisions to the State Implementation Plan submitted by the
Maryland Department of the Environment on April 3, 1992.
(i) Incorporation by reference.
(A) Letter from the Maryland Department of Environment dated March
27, 1992 submitting revisions to the Maryland State Implementation Plan.
(B) Amendments to regulations 26.11.01.01 and 26.11.06.14 under the
Code
[[Page 77]]
of Maryland Administrative Regulations (COMAR) revising Maryland's
prevention of significant deterioration program to incorporate changes
to 40 CFR 52.21 made between 1989 and 1990. The amendments to COMAR
26.11.01.01 and 26.11.06.14 were effective on February 17, 1992 in the
State of Maryland.
(ii) Additional materials.
(A) Remainder of April 3, 1992, State submittal.
(97) Revisions to the State Implementation Plan submitted on June
14, 1989, by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of June 14, 1989, from the Maryland Department of the
Environment transmitting a revision to a Maryland State Implementation
Plan.
(B) Revision to COMAR 26.11.01.01E (Definition of ``Control
Officer''), effective June 20, 1989.
(ii) Additional material.
(A) Remainder of the June 14, 1989 State submittal.
(98) Revisions to the Maryland State Implementation Plan submitted
on April 5, 1991, and amended on January 18, 1993, by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letters of April 5, 1991, and January 18, 1993, from the
Maryland Department of the Environment transmitting additions and
revisions to Maryland's State Implementation Plan, pertaining to
volatile organic compound regulations in Maryland's air quality
regulations, Code of Maryland Administrative Regulations (COMAR) 26.11.
(B) The addition of COMAR 26.11.19.15C (proposed as COMAR
10.18.19.15C), Standards for Adhesive Application, adopted by the
Secretary of Health and Hygiene on June 10, 1987, effective August 10,
1987;
(C) Amendments to COMAR 26.11.19.15C adopted by the Secretary of the
Environment on March 9, 1991, effective May 8, 1991; and
(D) Amendments to COMAR 26.11.19.15C(4) adopted by the Secretary of
the Environment on January 18, 1992, effective February 15, 1993.
(ii) Additional material.
(A) Remainder of April 5, 1991, and January 18, 1993, State
submittals pertaining to COMAR 26.11.19.15C, Standards for Adhesive
Application.
(B) Letter of April 17, 1992, from the Maryland Department of the
Environment clarifying the intent of its April 5, 1991, letter
transmitting revisions and additions to Maryland's State Implementation
Plan.
(C) Letter of July 10, 1992, from the Maryland Department of the
Environment clarifying Maryland's intent regarding COMAR 26.11.19.15C(4)
and stating that Maryland was working to correct the administrative
error in COMAR 26.11.19.15C(4) contained in the April 5, 1991,
submittal.
(99) Revisions to the Maryland regulations for particulate matter
(PM-10) submitted on March 1, 1989, by the Maryland Department of the
Environment:
(i) Incorporation by reference.
(A) Letter of March 1, 1989, from the Department of the Environment
transmitting a revision to the Maryland State implementation plan for
particulate matter (PM-10) Group III areas.
(B) COMAR 10.18.01 (General Administrative Provisions), COMAR
10.18.02 (Permits, Approvals, and Registration), COMAR 10.18.03 (State-
Adopted National Ambient Air Quality Standards and Guidelines), COMAR
10.18.05 (Air Pollution Episode System), and COMAR 10.18.06 (General
Emission Standards, Prohibitions, and Restrictions) as published in the
Maryland Register on February 10, 1989. The regulations were adopted on
January 20, 1989, and became effective on March 21, 1989.
(ii) Additional materials.
(A) Remainder of the State implementation plan revision request
submitted by the Maryland Department of the Environment on March 1,
1989.
(100) Revisions to the Code of Maryland Administrative Regulations
(COMAR) submitted on June 7, 1990, by the Maryland Department of the
Environment:
(i) Incorporation by reference.
(A) Letter of June 7, 1990, from the Maryland Department of the
Environment transmitting revisions to the Maryland State Implementation
Plan.
(B) The following revised regulations to COMAR 26.11.05 (Air
Pollution Episode Plans), effective June 18, 1990:
[[Page 78]]
26.11.05.01A., .01B., .01H., and .01J.; 26.11.05.02B., .02C.;
26.11.05.03A., 03B., 03D.; 26.11.05.05A., 05B., 05C., and .05D. Deletion
of the definition ``coefficient of haze.''
(ii) Additional material.
(A) Remainder of the June 7, 1990, State submittal.
(101) Revisions to the State of Maryland Regulations Oxygenated
Gasoline Program regulations submitted on November 13, 1992, by the
Maryland Department of the Environment. Effective date October 26, 1992.
(i) Incorporation by reference.
(A) Letter of November 13, 1992, from the Maryland Department of the
Environment transmitting Oxygenated Gasoline Program regulations.
(B) The following State of Maryland regulations effective October
26, 1992:
(1) Amendments to COMAR 26.11.13.01 (Control of Gasoline and
Volatile Organic Compound Storage and Handling).
(2) Deletion of Regulation .06 under COMAR 26.11.13 (Control of
Gasoline and Volatile Organic Compound Storage and Handling).
(3) New Regulation COMAR 26.11.20.03 (Mobile Sources).
(4) COMAR 03.03.05.01, .01-1, .02-1, .05, .08, and .15 (Motor Fuel
Inspection).
(5) COMAR 03.03.06.01 through .06 (Emissions Control Compliance).
(ii) The remainder of the November 13, 1992, submittal.
(102) Revisions to the Maryland State Implementation Plan submitted
on April 5, 1991 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 5, 1991 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of Health and Hygiene on June 10, 1987,
effective August 10, 1987:
(1) Amendments to COMAR 26.11.06.06B (proposed as 10.18.06.06B),
pertaining to control of Volatile organic compounds from installations.
(2) Addition of new section COMAR 26.11.06.06E, (proposed as
10.18.06.06E), exemptions.
(3) Amendments to COMAR 26.11.19.01B, (proposed as COMAR
10.18.21.01B), including the addition of the definitions for the terms
adhesive and exempt solvent, the renumbering of all definitions.
(4) Amendments to COMAR 26.11.19.02B-F, (proposed as COMAR
10.18.21.02B-F), pertaining to compliance methods, methods of assessing
compliance, test methods, computations, and reporting.
(5) Amendments to COMAR 26.11.19.10B, (proposed as COMAR
10.18.21.10B), pertaining to applicability and exemptions for graphic
arts sources.
(6) Amendments to COMAR 26.11.19.13, (proposed as COMAR
10.18.21.13), pertaining to miscellaneous metal coating.
(7) Addition of new section COMAR 26.11.19.15A (proposed as
10.18.21.15A), definition of terms.
(8) Addition of new section COMAR 26.11.19.15B (proposed as
10.18.21.15B), standards for paint, resin and adhesive manufacturing.
(C) Amendments to COMAR 26.11.19.12 (proposed as COMAR 10.18.21.12),
pertaining to dry cleaning installations, including the addition of new
sections E and F, pertaining to equipment specifications, emission
standards, and compliance determinations for petroleum solvent dry
cleaning installations, adopted by the Secretary of the Environment on
April 21, 1989, effective June 20, 1989.
(D) Amendments to COMAR 26.11.19.12B-F, pertaining to applicability,
exemptions, equipment specifications, emission standards, and compliance
determinations for perchloroethylene and petroleum solvent dry cleaning
installations, adopted by the Secretary of the Environment on May 17,
1990, effective July 16, 1990.
(E) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on March 9, 1991, effective
May 8, 1991:
(1) Amendments to COMAR 26.11.01.01, including the addition of
[[Page 79]]
definitions for the terms actual emissions, allowable emissions,
potential to emit, premises, and reasonably available control technology
(RACT); deletion of the definition for the term Ringelmann Smoke Chart;
amendments to definitions for the terms New Source Impacting on a Non-
Attainment Area (NSINA) and volatile organic compound (VOC); and
renumbering of all definitions.
(2) Amendments to COMAR 26.11.02.03A(6)(k)(vii), pertaining to
permits to construct or modify for motor vehicle gasoline storage tanks.
(3) The addition of new section COMAR 26.11.06.01, definitions for
the terms installation and process line.
(4) Amendments to COMAR 26.11.06.06A, B and E, pertaining to
applicability, control, and exemptions for sources of volatile organic
compounds.
(5) The deletion of existing COMAR 26.11.13, pertaining to gasoline
and volatile organic compound storage and handling.
(6) The addition of new COMAR 26.11.13.01, .02, .03, .05, and .06,
pertaining to definitions, applicability, and exemptions for gasoline
and volatile organic compounds storage and handling, large storage
tanks, gasoline leaks from tank trucks, and Reid Vapor Pressure.
(7) Amendments to COMAR 26.11.19.01B, addition of the definition for
the term transfer efficiency, amendments to the definition for the term
coating.
(8) Amendments to COMAR 26.11.19.02A-F, pertaining to applicability,
compliance methods, methods of assessing compliance, test methods,
computations, and reporting for volatile organic compound regulations.
(9) Amendments to COMAR 26.11.19.07, the addition of new section B
and revisions to new section C (former section B), pertaining to paper,
fabric, and vinyl coating.
(10) Amendments to COMAR 26.11.19.10A, the deletion of definitions
for the terms high velocity hot-air dryer, letterpress methods,
lithographic methods, and roll printing; revisions to the definition for
the term web printing; and renumbering of all definitions.
(11) Amendments to COMAR 26.11.19.10B and C, pertaining to graphic
arts, including the deletion of existing section C and the addition of
new section C.
(12) The addition of new COMAR 26.11.19.11A, B, and C, pertaining to
sheet-fed paper and plastic parts coating, including definitions for the
terms fountain, letterpress printing, lithographic printing, plastic
parts coating, and sheet-fed coating.
(13) Amendments to COMAR 26.11.19.13B and C, pertaining to
miscellaneous metal coating.
(14) Amendments to COMAR 26.11.19.14B, pertaining to synthesized
pharmaceutical products.
(15) Amendments to COMAR 26.11.19.15A and B, pertaining to paint,
resin, and adhesive manufacturing, including revisions to definitions
for the terms adhesive application, resin thin down tank, specialty
footwear manufacturing, specialty spiral tube winding, spiral tube
winding, and spiral wound tube impregnating and curing, the deletion of
the definition for the term honeycomb core installation, and the
renumbering of all definitions.
(ii) Additional material.
(A) Remainder of April 5, 1991 State submittal pertaining to COMAR
26.11.01.01, 26.11.02.03, 26.11.06.01, 26.11.06.06A, B and E,
26.11.13.01, 26.11.13.02, 26.11.13.03, 26.11.13.05, 26.11.13.06,
26.11.19.01B, 26.11.19.02A-F, 26.11.19.07, 26.11.19.10, 26.11.19.11A-C,
26.11.19.12, 26.11.19.13, 26.11.19.14B, and 26.11.19.15A and B.
(B) Letter of April 17, 1992 from the Maryland Department of the
Environment clarifying the intent of its April 5, 1991 letter
transmitting additions, deletions, and revisions to Maryland's State
Implementation Plan.
(C) Letter of October 18, 1993 from the Maryland Department of the
Environment formally withdrawing revisions to COMAR 26.11.19.11D and E,
pertaining to lithographic printing, from consideration as revisions to
Maryland's State Implementation Plan.
(103) Revisions to the Maryland State Implementation Plan submitted
on September 20, 1991 by the Maryland Department of the Environment:
(i) Incorporation by reference.
[[Page 80]]
(A) Letter of September 20, 1991 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on July 24, 1991, effective
August 19, 1991:
(1) Amendments to COMAR 26.11.01.01DD, the definition for the term
volatile organic compound.
(2) Amendments to COMAR 26.11.01.04C, pertaining to emission test
methods, including the addition of a: reference to 40 CFR part 60; and
Methods 1000, 1002, and 1003 and Appendixes A and B, contained in
``Technical Memorandum 91-01, Test Methods and Equipment Specifications
for Stationary Sources'' (January 1991).
(3) Amendments to COMAR 26.11.13.02(C)(2), pertaining to exemptions
for large storage tanks.
(4) Amendments to COMAR 26.11.19.02D(2), pertaining to test methods.
(5) Amendments to COMAR 26.11.19.07A, including amendments to the
definition for the term paper coating, and the addition of definitions
for the terms sheet-fed paper coating and ultraviolet curable coating,
and the renumbering of definitions.
(6) Addition of new COMAR 26.11.19.07D, pertaining to sheet-fed
paper coating.
(7) Addition of new COMAR 26.11.19.11B(2), and amendments to COMAR
26.11.19.11C, pertaining to plastic coating.
(8) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to
compliance determinations for petroleum solvent dry cleaning
installations.
(9) Addition of new COMAR 26.11.19.16, pertaining to volatile
organic compound equipment leaks.
(ii) Additional material.
(A) Remainder of the September 20, 1991 State submittal pertaining
to COMAR 26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and
Methods 1000, 1002, and 1003 contained in ``Technical Memorandum 91-01,
Test Methods and Equipment Specifications for Stationary Sources''
(January 1991), COMAR 26.11.13.02(C)(2), COMAR 26.11.19.02D(2), COMAR
26.11.19.07A, COMAR 26.11.19.07D, COMAR 26.11.19.11B(2) and C, COMAR
26.11.19.12F(3) and (4), and COMAR 26.11.19.16.
(104) Revisions to the Maryland State Implementation Plan submitted
on April 2, 1992 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 2, 1992 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on January 20, 1992,
effective February 17, 1992:
(1) Amendments to COMAR 26.1.01.01DD, the definition for the term
volatile organic compound.
(2) Amendments to COMAR 26.11.01.04C, pertaining to emission test
methods, including the addition of Methods 1006, 1007, and 1008
contained in Supplement 1 (July 1, 1991) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources''
(January 1991), and revisions to Method 1000 and Appendixes A and B
contained in Supplement 1.
(3) Amendments to COMAR 26.11.19.02D, pertaining to test methods for
coatings and adhesives containing volatile organic compounds.
(4) Amendments to COMAR 26.11.19.09B, pertaining to emission
standards for volatile organic compound metal cleaning.
(5) Amendments to COMAR 26.11.19.12F(3) and (4), pertaining to
compliance determinations for petroleum solvent dry cleaning
installations.
(ii) Additional material.
(A) Remainder of the April 2, 1992 State submittal pertaining to
COMAR
[[Page 81]]
26.11.01.01DD, COMAR 26.11.01.04C, Appendixes A and B and Methods 1002,
1006, 1007, and 1008 contained in Supplement 1 (July 1, 1991) to
``Technical Memorandum 91-01, Test Methods and Equipment Specifications
for Stationary Sources'' (January 1991), COMAR 26.11.19.02D, COMAR
26.11.19.09B, and COMAR 26.11.19.12F(3) and (4).
(105) Revisions to the Maryland State Implementation Plan submitted
on January 18, 1993 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of January 18, 1993 from the Maryland Department of the
Environment transmitting addition, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on January 18, 1993,
effective February 15, 1993:
(1) Amendments to COMAR 26.11.01.04C, pertaining to emission test
methods, including the addition of Methods 1009, 1011, and 1012
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources''
(January 1991), and revisions to Method 1003 and Appendix B contained in
Supplement 2.
(2) Amendments to COMAR 26.11.13.05B(2) and C(2), pertaining to
compliance determinations for tank trucks.
(3) Amendments to COMAR 26.11.19.07A(4), the definition for the term
ultraviolet curable coating.
(ii) Additional material.
(A) Remainder of the January 18, 1993 State submittal pertaining to
COMAR 26.11.01.04C, Appendix B and Methods 1003, 1009, 1011, and 1012
contained in Supplement 2 (July 1, 1992) to ``Technical Memorandum 91-
01, Test Methods and Equipment Specifications for Stationary Sources
(January 1991), COMAR 26.11.13.05B(2) and C(2), and COMAR
26.11.19.07A(4).
(106) Revisions to the Maryland Regulations submitted on September
18, 1991 by the Maryland Department of the Environment.
(i) Incorporation by reference.
(A) Letter of September 18, 1991 from the Maryland Department of the
Environment transmitting the continuous emission monitoring revision.
(B) Definition amendments to Code of Maryland Administrative
Regulations (COMAR) 26.11.01.01, excluding paragraph E-1, and new
regulations COMAR 26.11.01.10 Continuous Emission Monitoring
Requirements, concerning continuous opacity monitoring, effective July
22, 1991.
(ii) Additional materials.
(A) Remainder of September 23, 1991 State submittal.
(107) Revisions to the Maryland State Implementation Plan submitted
on January 18, 1993, by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of January 18, 1993, from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
(B) The addition of COMAR 26.11.24, Stage II Vapor Recovery at
Gasoline Dispensing Facilities, adopted by the Secretary of the
Environment on January 18, 1993, effective February 15, 1993.
(ii) Additional material.
(A) Remainder of the January 18, 1993, State submittal pertaining to
COMAR 26.11.24, Stage II Vapor Recovery at Gasoline Dispensing
Facilities.
(108) Revisions to the Code of Maryland Administrative Regulations
(COMAR) submitted on March 30, 1987 by the Maryland Department of Health
and Mental Hygiene:
(i) Incorporation by reference.
(A) Letter of March 30, 1987 from the Maryland Department of Health
and Mental Hygiene transmitting revisions to the Maryland State
Implementation Plan (SIP).
(B) Revised COMAR 10.18.02.03H. (Action on an Application for a
Permit and for Approval of a PSD Source or NSINA) (currently COMAR
26.11.02.10C.), effective March 24, 1987.
(ii) Additional material.
[[Page 82]]
(A) Remainder of the March 30, 1987 State submittal pertaining to
COMAR 10.18.02.03H. (currently COMAR 26.11.02.10C.).
(109) Revisions to the State of Maryland Regulations State
Implementation Plan submitted on November 13, 1992 by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letter of November 13, 1992 from Maryland Department of the
Environment transmitting a revised regulation to require major sources
of volatile organic compounds and oxides of nitrogen, Statewide, to
certify their emissions annually.
(B) Revisions to Title 26, COMAR 26.11.01, specifically to amend
regulation .01, and to add regulation .05-1. Effective on December 7,
1992.
(ii) Additional material.
(A) Remainder of December 7, 1992 State submittal.
(110) Revisions to the Maryland State Implementation Plan submitted
on April 5, 1991 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 5, 1991 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The addition of COMAR 26.11.13.04, pertaining to loading
operations, adopted by the Secretary of the Environment on March 9,
1991, effective May 8, 1991.
(ii) Additional material.
(A) Remainder of April 5, 1991 State submittal pertaining to COMAR
26.11.13.04, loading operations.
(111) Revisions to the Maryland State Implementation Plan submitted
on April 2, 1992 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 2, 1992 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
(B) Revisions to COMAR 26.11.13.04A(3), pertaining to test
procedures for bulk gasoline terminals, adopted by the Secretary of the
Environment on January 20, 1992, effective February 17, 1992.
(ii) Additional material.
(A) Remainder of April 2, 1992 State submittal pertaining to COMAR
26.11.13.04A(3), test procedures for bulk gasoline terminals.
(112) Revisions to the Maryland State Implementation Plan submitted
on January 18, 1993 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of January 18, 1993 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
(B) Revisions to COMAR 26.11.13.04A(3), pertaining to test
procedures for bulk gasoline terminals, adopted by the Secretary of the
Environment on January 18, 1993, effective February 15, 1993.
(ii) Additional material.
(A) Remainder of January 18, 1993 State submittal pertaining to
COMAR 26.11.13.04A(3), test procedures for bulk gasoline terminals.
(113) Revisions to the Maryland State Implementation Plan submitted
on June 8, 1993 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of June 8, 1993 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
(B) The following revisions to the provisions of COMAR 26.11,
adopted by the Secretary of the Environment on March 26, 1993, effective
April 26, 1993:
(1) Amendments to COMAR 26.11.11.02B and C, pertaining to asphalt
paving.
[[Page 83]]
(2) Amendments to COMAR 26.11.13.01B(1), the definition for the term
bulk gasoline plant.
(3) Amendments to COMAR 26.11.13.02, pertaining to applicability and
exemptions.
(4) Amendments to COMAR 26.11.13.04, pertaining to loading
operations.
(5) The addition of new COMAR 26.11.13.07, pertaining to plans for
compliance.
(6) Amendments to COMAR 26.11.19.01B(4), the definition for the term
major stationary source of VOC.
(7) Amendments to COMAR 26.11.19.02A, F, and H, pertaining to
applicability, reporting and recordkeeping, and plans for compliance,
respectively.
(8) Amendments to COMAR 26.11.19.10, pertaining to graphic arts.
(ii) Additional material.
(A) Remainder of June 8, 1993 State submittal pertaining to COMAR
26.11.11.02B and C, COMAR 26.11.13.01B(1), COMAR 26.11.13.02, COMAR
26.11.13.04, COMAR 26.11.13.07, COMAR 26.11.19.01B(4), COMAR
26.11.19.02A, F, and H, and COMAR 26.11.19.10.
(114) Revisions to the Maryland State Implementation Plan submitted
on July 19, 1993 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 19, 1993 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, COMAR 26.11.
(B) Revisions to COMAR 26.11.13.04A, pertaining to bulk gasoline
terminals, adopted by the Secretary of the Environment on June 25, 1993,
effective July 19, 1993.
(ii) Additional material.
(A) Remainder of July 19, 1993 State submittal pertaining to COMAR
26.11.13.04A, bulk gasoline terminals.
(115)-(116) [Reserved]
(117) The carbon monoxide redesignation request and maintenance plan
for the Baltimore Carbon Monoxide nonattainment area, submitted by the
Maryland Department of the Environment on September 20, 1995, as part of
the Maryland SIP. The emission inventory projections are included in the
maintenance plan.
(i) Incorporation by reference.
(A) Letter of September 20, 1995 from the Maryland Department of the
Environment requesting the redesignation and submitting the maintenance
plan.
(B) The ten year carbon monoxide maintenance plan for the Baltimore
Carbon Monoxide nonattainment area adopted on August 31, 1995.
(ii) Additional material.
(A) Remainder of September 20, 1995 State submittal.
(118) The carbon monoxide redesignation and maintenance plan for the
Counties of Montgomery and Prince George, Maryland submitted by the
Maryland Department of the Environment on October 12, 1995, as part of
the Maryland SIP. The emission inventory projections are included in the
maintenance plan.
(i) Incorporation by reference.
(A) Letter of October 12, 1995 from the Maryland Department of the
Environment requesting the redesignation and submitting the maintenance
plan.
(B) Maintenance Plan for the Maryland portion of the Metropolitan
Washington Carbon Monoxide Nonattainment Area adopted on September 20,
1995.
(ii) Additional material.
(A) Remainder of October 12, 1995 State submittal.
(119) Revisions to the Code of Maryland Administrative Regulations
for prevention of significant deterioration submitted on July 17, 1995
by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 17, 1995 from the Maryland Department of the
Environment transmitting revisions to the Maryland State Implementation
Plan.
(B) Amendments to regulations 26.11.01.01, 26.11.02.10 (C)(9) and
26.11.06.14 under the Code of Maryland Administrative Regulations
(COMAR) revising Maryland's prevention of significant deterioration
program to incorporate changes to 40 CFR 52.21 made between 1992 and
1993. The amendments were effective on May 8, 1995 in the State of
Maryland.
(ii) Additional material.
[[Page 84]]
(A) Remainder of July 17, 1995 State of Maryland submittal.
(120) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) The following amendments to COMAR 26.11.07, pertaining to open
fires, adopted by the Secretary of the Environment on May 1, 1995,
effective May 22, 1995:
(1) the deletion of sections 26.11.07.01 A and B, definitions for
the terms ``hazardous material'' and ``I.I.A. standards.''
(2) addition of new section 26.11.07.01B, ``Terms Defined.''
(3) addition of new sections 26.11.07.01B(1) and (2), definitions of
the terms ``excessive lodging'' and ``forest resource management
practices.''
(4) renumbering of old sections 26.11.07.01C & D, now new sections
26.11.07.01B(3) & (4).
(5) amendments to section 26.11.07.02, pertaining to general
provisions.
(6) amendments to sections 26.11.07.03A, B, and B(1), pertaining to
open fires authorized by control officers.
(7) addition of new section 26.11.07.03C, ``Prohibition on Open
Burning.''
(8) amendments to section 26.11.07.04, pertaining to open fires
authorized by public officers, including the addition of new sections
(4)-(7).
(9) amendments to section 26.11.07.05, pertaining to open fires
allowed without authorization.
(ii) Additional material.
(A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.07.
(121) Revisions to the Maryland State Implementation Plan submitted
on July 17, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions, deletions, and revisions to
Maryland's State Implementation Plan, pertaining to volatile organic
compound regulations in Maryland's air quality regulations, Code of
Maryland Administrative Regulations (COMAR) 26.11.
(B) Amendments to COMAR 26.11.19.02A, pertaining to once-in, always-
in applicability provisions, consisting of revisions to COMAR
26.11.19.02A(3), and the addition of new COMAR 26.11.19.02A (4) and (5),
adopted by the Secretary of the Environment on April 7, 1995, and
effective on May 8, 1995.
(C) Amendments to COMAR 26.11.19.01B, consisting of the addition of
new COMAR 26.11.19.01B(1-1), the definition for the term ``annual,''
adopted by the Secretary of the Environment on April 7, 1995, effective
on May 8, 1995.
(ii) Additional material.
(A) Remainder of July 17, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.02A(3)-(5) and COMAR 26.11.19.01B(1-1).
(122) Revisions to the Maryland State Implementation Plan submitted
on July 17, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 17, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, COMAR 26.11.
(B) Addition of new COMAR 26.11.01.01B(20-I) and new COMAR
26.11.24.01B(9-I), definition of the term ``motor vehicle,'' adopted by
the Secretary of the Environment on April 7, 1995, and effective on May
8, 1995.
(ii) Additional material.
(A) Remainder of July 17, 1995 Maryland State submittal pertaining
to COMAR 26.11.01.01B(20-I) and COMAR 26.11.24.01B(9-I), definition of
the term ``motor vehicle.''
(123) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
[[Page 85]]
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
(B) Deletion of old COMAR 26.11.19.09 Volatile Organic Compound
Metal Cleaning (entire regulation).
(C) Addition of new COMAR 26.11.19.09 Control of VOC Emissions from
Cold and Vapor Degreasing, adopted by the Secretary of the Environment
on May 12, 1995, and effective on June 5, 1995, including the following:
(1) Addition of new COMAR 26.11.19.09.A Definitions.
(2) Addition of new COMAR 26.11.19.09.B Terms Defined, including
definitions for the terms ``cold degreasing,'' ``degreasing material,''
``grease,'' ``halogenated substance,'' ``vapor degreasing,'' and ``VOC
degreasing material.''
(3) Addition of new COMAR 26.11.19.09.C Applicability.
(4) Addition of new COMAR 26.11.19.09.D Requirements.
(5) Addition of new COMAR 26.11.19.09.E Specifications for Cold
Degreasing and Requirements for Vapor Degreasing.
(6) Addition of new COMAR 26.11.19.09.F. Records.
(ii) Additional material.
(A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.09 Control of VOC Emissions from Cold and Vapor
Degreasing.
(124) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
(B) Addition of new COMAR 26.11.19.23 Control of VOC Emissions from
Vehicle Refinishing, adopted by the Secretary of the Environment on May
1, 1995, and effective on May 22, 1995, including the following:
(1) Addition of new COMAR 26.11.19.23A Definitions, including
definitions for the terms ``base coat/clear coat system,'' ``controlled
air spray system,'' ``mobile equipment,'' ``multistage coating
equipment,'' ``precoat,'' ``pretreatment,'' ``primer sealer,'' ``primer
surfacer,'' ``specialty coating,'' ``topcoat,'' and ``vehicle
refinishing.''
(2) Addition of new COMAR 26.11.19.23B. Applicability and
Exemptions.
(3) Addition of new COMAR 26.11.19.23C. Coating Standards and
General Conditions.
(4) Addition of new COMAR 26.11.19.23D. Calculations.
(5) Addition of new COMAR 26.11.19.23E. Requirements for Specialty
Coatings.
(6) Addition of new COMAR 26.11.19.23F. Coating Application
Equipment Requirements.
(7) Addition of new COMAR 26.11.19.23G. Cleanup and Surface
Preparation Requirements
(8) Addition of new COMAR 26.11.19.23H. Monitoring and Records.
(ii) Additional material.
(A) Remainder of July 12, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.23 Vehicle Refinishing.
(125) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Four letters dated July 12, 1995 from the Maryland Department of
the Environment transmitting additions to Maryland's State
Implementation Plan, pertaining to volatile organic compound (VOC)
regulations in Maryland's air quality regulations, COMAR 26.11.
(B) Regulations:
(1) Addition of new COMAR 26.11.19.17 Control of VOC Emissions from
Yeast Manufacturing, adopted by the Secretary of the Environment on
October 14, 1994 and effective on November 7, 1994, revisions adopted by
the Secretary of the Environment on May 12, 1995, and effective on June
5, 1995, including the following:
[[Page 86]]
(i) Addition of new COMAR 26.11.19.17.A Definitions, including
definitions for the terms ``fermentation batch,'' ``first generation
fermenter,'' ``stock fermenter,'' ``trade fermenter,'' and ``yeast
manufacturing installation.''
(ii) Addition of new COMAR 26.11.19.17.B Applicability, Exemptions,
and Compliance Date.
(iii) Addition of new COMAR 26.11.19.17.C Requirements for Yeast
Manufacturing Installations.
(iv) Addition of new COMAR 26.11.19.17.D Determination of Compliance
and Testing.
(v) Addition of new COMAR 26.11.19.17.E Reporting Requirements.
(vi) Amendment to COMAR 26.11.19.17.C(3), pertaining to limits for
temperature and pH.
(vii) Amendment to COMAR 26.11.19.17.D(3), pertaining to stack test
dates.
(2) Addition of new COMAR 26.11.19.18 Control of VOC Emissions from
Screen Printing, adopted by the Secretary of the Environment on October
14, 1994 and effective on November 7, 1994, revisions adopted by the
Secretary of the Environment on May 16, 1995 and effective on June 5,
1995, including the following:
(i) Addition of new COMAR 26.11.19.18.A, including definitions for
the terms ``acid/etch resist ink,'' ``anoprint ink,'' ``back-up
coating,'' ``clear coating,'' ``conductive ink,'' ``electroluminescent
ink,'' ``exterior illuminated sign,'' ``haze removal,'' ``ink removal,''
``maximum VOC content,'' ``plastic card manufacturing installation,''
``plywood sign coating,'' ``screen printing,'' ``screen printing
installation,'' ``screen reclamation,'' ``specialty inks.''
(ii) Addition of new COMAR 26.11.19.18.B Applicability.
(iii) Addition of new COMAR 26.11.19.18.C General Requirements for
Screen Printing.
(iv) Addition of new COMAR 26.11.19.18.D General Requirements for
Plywood Sign Coating.
(v) Addition of new COMAR 26.11.19.18.E General Requirements for
Plastic Card Manufacturing Installations.
(vi) Addition of new COMAR 26.11.19.18.F Control of VOC Emissions
from the Use of Specialty Inks.
(vii) Addition of new COMAR 26.11.19.18.G Control of VOC Emissions
from Clear Coating Operations.
(viii) Addition of new COMAR 26.11.19.18.H Control of VOC Emissions
from Ink and Haze Removal and Screen Reclamation.
(ix) Addition of new COMAR 26.11.19.18.I.
(x) Addition of new COMAR 26.11.19.18.A(17), definition for the term
``untreated sign paper.''
(xi) Addition of new COMAR 26.11.19.18.C(2), replacing previous
Sec. C(2).
(xii) Addition of new COMAR 26.11.19.18.C(3) Use of Control Devices.
(xiii) Addition of new COMAR 26.11.19.18.E(2)(b), replacing previous
Sec. E(2)(b).
(xiv) Addition of new COMAR 26.11.19.18.I Record Keeping, replacing
the previous Sec. I.
(3) Addition of new COMAR 26.11.19.19 Control of VOC Emissions from
Expandable Polystyrene Operations, adopted by the Secretary of the
Environment on June 9, 1995, and effective on July 3, 1995, including
the following:
(i) Addition of new COMAR 26.11.19.19.A Definitions.
(ii) Addition of new COMAR 26.11.19.19.B Terms Defined, including
definitions for the terms ``expandable polystyrene operation (EPO),''
``blowing agent,'' ``preexpander,'' ``recycled expanded polystyrene,''
and ``reduced VOC content beads.''
(iii) Addition of new COMAR 26.11.19.19.C Applicability.
(iv) Addition of new COMAR 26.11.19.19.D General Requirements.
(v) Addition of new COMAR 26.11.19.19.E Testing Requirements.
(vi) Addition of new COMAR 26.11.19.19.F Record Keeping.
(4) Addition of new COMAR 26.11.19.21, Control of VOC Emissions from
Commercial Bakery Ovens, adopted by the Secretary of the Environment on
June 9, 1995, and effective on July 3, 1995.
(i) Addition of new COMAR 26.11.19.21.A Definitions.
(ii) Addition of new COMAR 26.11.19.21.B Terms Defined, including
[[Page 87]]
definitions for the terms ``commercial bakery oven,'' ``fermentation
time,'' ``yeast percentage,'' and ``Yt value.''
(iii) Addition of new COMAR 26.11.19.21.C Applicability and
Exemptions.
(iv) Addition of new COMAR 26.11.19.21.D General Requirements.
(v) Addition of new COMAR 26.11.19.21.E Use of Innovative Control
Methods.
(vi) Addition of new COMAR 26.11.19.21.F Reporting and Testing
Requirements.
(ii) Additional material.
(A) Remainder of July 12, 1995 Maryland State submittals pertaining
to COMAR 26.11.19.21, .17, .18, and .19.
(126) Revisions to the Maryland State Implementation Plan submitted
on July 11, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
(B) Revision to COMAR 26.11.19.11 Control of VOC Emissions from
Sheet-Fed and Web Lithographic Printing, adopted by the Secretary of the
Environment on May 5, 1995, and effective on June 5, 1995, including the
following:
(1) Deletion of COMAR 26.11.19.11 title, ``Other Miscellaneous
Printing and Coating Processes'' and addition of new title,
``Lithographic Printing.''
(2) Deletion of COMAR 26.11.19.11.A(4), definition for the term
``plastic parts coating.''
(3) Deletion of COMAR 26.11.19.11.B(1), referencing plastic parts
coating.
(4) Addition of new COMAR 26.11.19.11.B(1) & (3) through (6)
Applicability.
(5) Deletion of COMAR 26.11.19.11.C Emission Standards for Plastic
Coating.
(6) Addition of new COMAR 26.11.19.11.C Requirements for Sheet-Fed
Letter or Lithographic Printing.
(7) Addition of new COMAR 26.11.19.11.D Requirements for
Lithographic Web Printing.
(8) Addition of new COMAR 26.11.19.11.E Requirements for Cleaning
Printing Equipment.
(9) Deletion of COMAR 26.11.19.10 title, ``Graphic Arts'' and
addition of new title, ``Flexographic and Rotogravure Printing.''
(10) Deletion of COMAR 26.11.19.10.A(4), definition for the term
``web printing.''
(11) Addition of COMAR 26.11.19.01.B(8), definition for the term
``web printing.''
(ii) Additional Material.
(A) Remainder of July 11, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.11 Control of VOC Emissions from Sheet-Fed and Web
Lithographic Printing.
(127) Revisions to the Maryland State Implementation Plan submitted
on July 11, 1995 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
(B) Revision to COMAR 26.11.19.07 Control of VOC Emissions from
Paper Coating, adopted by the Secretary of the Environment on May 5,
1995, and effective on June 5, 1995, including the following:
(1) Addition of COMAR 26.11.19.07.A(2-1), definition for the term
``plastic parts coating.''
(2) Addition of COMAR 26.11.19.07.B(1), referencing paper, fabric
and vinyl coating.
(3) Addition of COMAR 26.11.19.07.E Emission Standards for Plastic
Coating.
(ii) Additional Material.
(A) Remainder of July 11, 1995 Maryland State submittal pertaining
to COMAR 26.11.19.07 Control of VOC Emissions from Paper Coating.
(128) Revisions to the Maryland State Implementation Plan submitted
on July 12, 1995 by the Maryland Department of the Environment:
[[Page 88]]
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
(B) Revisions to COMAR 26.11.19.01B(4), definition of the term
``Major stationary source of VOC,'' adopted by the Secretary of the
Environment on April 13, 1995, and effective on May 8, 1995.
(ii) Additional material.
(A) Remainder of the July 12, 1995 Maryland State submittal
pertaining to COMAR 26.11.19.01B(4), definition of the term ``Major
stationary source of VOC.''
(129) Revisions to the State of Maryland Regulations COMAR
26.11.06.05--Sulfur Compounds from Other than Fuel Burning Equipment
submitted on February 6, 1998 by the Maryland Department of the
Environment:
(i) Incorporation by reference.
(A) Letter of February 6, 1998 from the Maryland Department of the
Environment transmitting amendments to Code of Maryland Administrative
Regulations (COMAR) 26.11.06.05--Sulfur Compounds from Other than Fuel
Burning Equipment.
(B) Revision to COMAR 26.11.06.05--Sulfur Compounds from Other than
Fuel Burning Equipment, effective September 22, 1997 to replace the term
``installations'' with the term ``equipment'' throughout the regulation.
(ii) Additional materials--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.
[[Page 89]]
(B) Revision to COMAR 26.11.13.04: Control of Gasoline and Volatile
Organic Compound Storage and Handling from Loading Operations, adopted
by the Secretary of the Environment on July 18, 1997, and effective on
August 11, 1997, including the following:
(1) Deletion of COMAR 26.11.13.04.C(1)(b), pertaining to the
applicability of this regulation to gasoline storage tanks with a
capacity greater than 250 gallons and less than 2000 gallons.
(2) Deletion of COMAR 26.11.13.04.C(2), Exemptions.
(3) Deletion of COMAR 26.11.13.04.C(4), Effective Date of Stage I
Requirement for Certain Sources.
(ii) Additional material--Remainder of February 6, 1998 State
submittal pertaining to COMAR 26.11.13.04 Control of Gasoline and
Volatile Organic Compound Storage and Handling from Loading Operations.
(133) Limited approval of revisions to the Maryland State
Implementation Plan submitted on April 5, 1991 by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 5, 1991 from the Maryland Department of the
Environment transmitting additions to Maryland's State Implementation
Plan, pertaining to volatile organic compound regulations in Maryland's
air quality regulations, Code of Maryland Administrative Regulations
(COMAR) 26.11.
(B) Addition of COMAR 26.11.19.02G, Control of Major Sources of
Volatile Organic Compounds, pertaining to major VOC source RACT
requirements, adopted by the Secretary of the Environment on March 9,
1991 and effective on May 8, 1991.
(ii) Additional Material.
(A) Remainder of the April 5, 1991 Maryland State submittal
pertaining to COMAR 26.11.19.02G.
(134) Limited approval of revisions to the Maryland State
Implementation Plan submitted on June 8, 1993 by the Maryland Department
of the Environment:
(i) Incorporation by reference.
(A) Letter of June 8, 1993 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
(B) Revisions to COMAR 26.11.06.06, Volatile Organic Compounds,
pertaining to minor source VOC requirements, adopted by the Secretary of
the Environment on March 26, 1993, and effective on April 26, 1993.
(1) Amendments to COMAR 26.11.06.06A, Applicability.
(2) Amendments to COMAR 26.11.06.06B, Control of VOC from
Installations.
(C) Revisions to COMAR 26.11.19.02G, Control of Major Stationary
Sources of Volatile Organic Compounds, pertaining to major VOC source
RACT requirements, adopted by the Secretary of the Environment on March
26, 1993, and effective on April 26, 1993.
(ii) Additional Material.
(A) Remainder of the June 8, 1993 Maryland State submittal
pertaining to COMAR 26.11.06.06A, COMAR 26.11.06.06B, and COMAR
26.11.19.02G.
(135) Limited approval of revisions to the Maryland State
Implementation Plan submitted on July 12, 1995 by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 12, 1995 from the Maryland Department of the
Environment transmitting additions and deletions to Maryland's State
Implementation Plan, pertaining to volatile organic compound regulations
in Maryland's air quality regulations, Code of Maryland Administrative
Regulations (COMAR) 26.11.
(B) Revisions to COMAR 26.11.19.02G, Control of Major Stationary
Sources of Volatile Organic Compounds, pertaining to major VOC source
RACT requirements, adopted by the Secretary of the Environment on April
13, 1995, and effective on May 8, 1995.
(ii) Additional Material.
(A) Remainder of the July 12, 1995 Maryland State submittal
pertaining to COMAR 26.11.19.02G.
(136) Revisions to the Maryland State Implementation Plan submitted
on May 15, 1995 by the Maryland Department of the Environment.
(i) Incorporation by reference.
[[Page 90]]
(A) Letter of May 15, 1995 from the Maryland Department of the
Environment transmitting Maryland Regulation COMAR 26.11.26.03,
regarding General Conformity, for approval as a SIP revision.
(B) Maryland Regulation COMAR 26.11.26.03, effective June 5, 1995.
(ii) Additional material--Remainder of the May 15, 1995 state
submittal pertaining to General Conformity.
(137) Revision to the Maryland State Implementation Plan submitted
on April 7, 1998 by the Maryland Department of the Environment
establishing reasonably available control technology (RACT) for two
additional VOC source category under COMAR 26.11.19, ``Volatile Organic
Compounds from Specific Processes.''
(i) Incorporation by reference.
(A) Letter dated April 7, 1998 from the Maryland Department of the
Environment transmitting revisions to Maryland's air quality regulation
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15,
1997 and effective August 11, 1997.
(B) New regulations COMAR 26.11.19.22 ``Control of Volatile Organic
Compounds from Vinegar Generators''.
(ii) Additional Material--Remainder of Maryland Department of the
Environment's April 7, 1998 submittals pertaining to Vinegar Generators.
(138) Revision to the Maryland State Implementation Plan submitted
on April 7, 1998 by the Maryland Department of the Environment
establishing reasonably available control technology (RACT) for an
additional VOC source category under COMAR 26.11.19, ``Volatile Organic
Compounds from Specific Processes.''
(i) Incorporation by reference.
(A) Letter dated April 7, 1998 from the Maryland Department of the
Environment transmitting revisions to Maryland's air quality regulation
COMAR 26.11.19, adopted by the Secretary of the Environment on July 15,
1997 and effective August 11, 1997.
(B) New regulation COMAR 26.11.19.24 ``Control of Volatile Organic
Compounds from Leather Coating Operations''.
(ii) Additional Material--Remainder of Maryland Department of the
Environment's April 7, 1998 submittals pertaining to Leather Coating
Operations.
(139) Revisions to the Maryland State Implementation Plan, submitted
on August 28, 1998, by the Maryland Department of the Environment.
(i) Incorporation by reference.
(A) Letter of August 28, 1998, from the Maryland Department of the
Environment transmitting additions to Code of Maryland Administrative
Regulations (COMAR) 26.11.19 Volatile Orgranic Compounds from Specific
Processes.
(B) Addition of COMAR 26.11.19.26 Control of Volatile Organic
Compounds from Reinforced Plastic Manufacturing, effective August 11,
1997.
(ii) Additional Material: Remainder of August 28, 1998, State
submittal pertaining to the addition of COMAR 26.11.19.26 Control of
Volatile Organic Compounds from Reinforced Plastic Manufacturing to
COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.
(140) Revisions to the Maryland State Implementation Plan submitted
on February 6, 1998 by the Maryland department of the Environment:
(i) Incorporation by reference.
(A) Letter of February 6, 1998 from the Maryland Department of the
Environment transmitting revisions to COMAR 26.11.19, pertaining to the
control of VOC emissions from automotive and light-duty truck coating
operations.
(B) Revised COMAR 26.11.19.03, effective September 22, 1997.
(ii) Additional Material--Remainder of the February 6, 1998 State
submittal [Revision No. 98-01].
(141) Revisions to the Maryland State Implementation Plan submitted
on August 28, 1998 by the Maryland Department of the Environment.
(i) Incorporation by reference.
(A) Letter of August 28, 1998 from the Maryland Department of the
Environment transmitting revisions to COMAR 26.11.19 pertaining to the
control of VOCs from special processes. The revision adds a new
regulation at COMAR 26.11.19.25 for the control of VOC compounds from
explosives and propellant manufacturing adopted by the Secretary of the
Environment on July 15, 1997 and effective August 11, 1997.
[[Page 91]]
(B) Revisions to COMAR 26.11.19 entitled Volatile Organic Compounds
from Specific Processes: The addition of new regulation COMAR
26.11.19.25 Control of Volatile Organic Compounds from Explosives and
Propellant Manufacturing.
(ii) Additional Material: Remainder of August 28, 1998 Maryland
State submittal pertaining to COMAR 26.11.19.25 to control VOCs from
sources that manufacture explosives and propellants.
(142) Revisions to the Maryland State Implementation Plan submitted
on February 10, 1999 and February 12, 1999 by the Maryland Department of
the Environment:
(i) Incorporation by reference.
(A) Three letters dated February 10, 1998 and one letter dated
February 12, 1999 from the Maryland Department of the Environment
transmitting additions to Maryland's State Implementation Plan,
pertaining to volatile organic compound (VOC) regulations in Maryland's
air quality regulations, COMAR 26.11.
(B) Regulations:
(1) Addition of new COMAR 26.11.19.07-1: Control of VOC Emissions
from Solid Resin Decorative Surface Manufacturing, adopted by the
Secretary of the Environment on May 20, 1998 and effective on June 15,
1998, including the following:
(i) Addition of new COMAR 26.11.19.07-1.A Definitions, including
definitions for the terms ``particle plant operation,'' ``related
operations,'' ``shaped goods plant,'' and ``solid resin decorative
surface (SRDS) operation.''
(ii) Addition of new COMAR 26.11.19.07-1.B Applicability.
(iii) Addition of new COMAR 26.11.19.07-1.C General Requirements for
SRDS Operations.
(iv) Addition of new COMAR 26.11.19.07-1.D General Requirements for
Particle Plant Operations.
(v) Addition of new COMAR 26.11.19.07-1.E General Requirements for
Shaped Goods Plants.
(vi) Addition of new COMAR 26.11.19.07-1.F General Requirements for
Related Operations.
(vii) Addition of new COMAR 26.11.19.07-1.G Additional Requirements
for VOC Storage Tanks.
(viii) Addition of new COMAR 26.11.19.07-1.H Reporting and Record-
Keeping Requirements.
(2) Addition of new COMAR 26.11.19.13-2: Control of VOC Emissions
from Brake Shoe Coating Operations, adopted by the Secretary of the
Environment on August 4, 1998 and effective on August 24, 1998,
including the following:
(i) Addition of new COMAR 26.11.19.13-2.A Definitions.
(ii) Addition of new COMAR 26.11.19.13-2.B Terms Defined, including
definitions for the terms ``brake caliper rust preventive coating,'' and
``brake shoe coating operation.''
(iii) Addition of new COMAR 26.11.19.13-2.C Applicability.
(iv) Addition of new COMAR 26.11.19.13-2.D General Coating
Requirements.
(v) Addition of new COMAR 26.11.19.18.E Equipment Cleanup.
(vi) Addition of new COMAR 26.11.19.13.B(3)(e) and (f), exempting
brake shoe coating and structural steel coating operations from
Miscellaneous Metal Coatings.
(3) Addition of new COMAR 26.11.19.13-3: Control of Volatile Organic
Compounds from Structural Steel Coating Operations, adopted by the
Secretary of the Environment on June 5, 1998, and effective on June 29,
1998, including the following:
(i) Addition of new COMAR 26.11.19.13-3.A Definitions, including
definitions for the terms ``controlled air spray system,'' ``dip coating
operation,'' ``protective coating,'' and ``structural steel coating
operation.''
(ii) Addition of new COMAR 26.11.19.13-3.B Applicability.
(iii) Addition of new COMAR 26.11.19.13-3.C Coating Requirements.
(iv) Addition of new COMAR 26.11.19.13-3.D Cleanup Requirements.
(4) Revision to COMAR 26.11.19.18: Control of VOC Emissions from
Screen Printing and Digital Imaging, adopted by the Secretary of the
Environment on August 4, 1998, and effective on August 24, 1998,
including the following:
(i) Addition of new COMAR 26.11.19.18.A(5-1), definition for the
term ``digital imaging.''
(ii) Deletion of existing COMAR 26.11.19.18.B-I.
[[Page 92]]
(iii) Addition of new COMAR 26.11.18.21.B Applicability.
(iv) Addition of new COMAR 26.11.18.21.C General Requirements for
Screen Printing.
(v) Addition of new COMAR 26.11.18.21.D General Requirements for
Plywood Sign Coating.
(vi) Addition of new COMAR 26.11.18.21.E General Requirements for
Plastic Card Manufacturing.
(vii) Addition of new COMAR 26.11.19.18.F General Requirements for
Digital Imaging.
(viii) Addition of new COMAR 26.11.19.18.G Record Keeping.
(ii) Additional Material.
(A) Remainder of February 10, 1999 and February 12, 1999 Maryland
State submittals pertaining to COMAR 26.11.19.07-1, .13-2, .13-3, and
.18.
(143) Revisions to the Code of Maryland Air Regulations (COMAR)
26.11.01.01 and 26.11.09.01, and limited approval of revisions to COMAR
26.11.09.08, submitted on June 8, 1993 and July 11, 1995 by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letter of June 8, 1993 from the Maryland Department of the
Environment transmitting COMAR 26.11.09.08, Control of NOX
Emissions from Major Stationary Sources and amendments to COMAR
26.11.09.01, Definitions.
(B) COMAR 26.11.09.08, Control of NOX Emissions from
Major Stationary Sources, effective on May 10, 1993, replacing the
existing COMAR 26.11.09.08.
(C) Amendment to COMAR 26.11.09.01, Definitions, effective on May
10, 1993.
(D) Letter of July 11, 1995 from the Maryland Department of the
Environment transmitting amendments to COMAR 26.11.09.08, Control of
NOX Emissions from Major Stationary Sources, amendments to
COMAR 26.11.01.01, Definitions and COMAR 26.11.09.01, Definitions.
(E) Amendments to COMAR 26.11.09.08, Control of NOX
Emissions from Major Stationary Sources, effective on June 20, 1994 and
May 8, 1995.
(F) Amendment to COMAR 26.11.01.01, Definitions, effective on June
20, 1994.
(G) Amendments to COMAR 26.11.09.01, Definitions, effective on June
20, 1994 and on May 8, 1995.
(ii) Additional material.
(A) Remainder of June 8, 1993 and July 11, 1995 State submittals.
(B) Letter of October 29, 1998 from the Maryland Department of the
Environment agreeing to meet certain conditions by no later than 12
months after July 22, 1999.
(144) Revisions to the Maryland State Implementation Plan submitted
by the Maryland Department of the Environment on July 10, 1995, March
27, 1996, and September 25, 1998 as supplemented on May 25, 1999:
(i) Incorporation by reference.
(A) Letter of July 10, 1995, from the Maryland Department of the
Environment transmitting an Enhanced Vehicle Emissions Inspection
Program.
(B) Regulations for the Vehicle Emissions Inspection Program COMAR
11.14.08. adopted by the Secretary of the Environment on August 1, 1994,
effective January 2, 1995:
(1) COMAR 11.14.08.01 through COMAR 11.14.08.02, inclusive.
(2) COMAR 11.14.08.03A.
(3) COMAR 11.14.08.03A(1).
(4) COMAR 11.14.08.03A(2) except the word ``federal,'' in the first
line.
(5) COMAR 11.14.08.03B.
(6) COMAR 11.14.08.04.
(7) COMAR 11.14.08.05, section A.
(8) COMAR 11.14.08.05 sections B(1) through (7), inclusive.
(9) COMAR 11.14.08.05 sections C. through F., inclusive.
(10) COMAR 11.14.08.06 through COMAR 11.14.08.42, inclusive.
(C) Letter of March 27, 1996, from the Maryland Department of the
Environment transmitting amendments to the Enhanced Vehicle Emissions
Inspection Program.
(D) Letter of September 25, 1998, from the Maryland Department of
the Environment transmitting amendments to the Enhanced Vehicle
Emissions Inspection Program.
(E) The following revisions to the provisions of COMAR 11.14.08
adopted by the Secretary of the Environment on November 21, 1996,
effective December 16, 1996:
(1) Amendments to COMAR 11.14.08.03B.
(2) The addition of a new COMAR 11.14.08.03C.
(3) Amendments to COMAR 11.14.08.05B(4).
[[Page 93]]
(4) Amendments to COMAR 11.14.08.06D(7).
(5) Renumbering COMAR 11.14.08.09A to .09B, .09B to .09C, .09C to
.09D and .09D to. 09E, .09E to .09F, and .09F to .09G.
(6) The addition of a new COMAR 11.14.08.09A, A(1) and A(3).
(7) Amendments to COMAR 11.14.08.09B(1), B(1)(a), B(1)(b), B(2),
B(3), B(3)(a), B(3)(b) and B(4).
(8) Amendments to COMAR 11.14.08.09E.
(9) The addition of a new COMAR 11.14.08.09-1 except the phrase
``and, to the extent allowed by federal law, a vehicle owned by the
federal government'' in section COMAR 11.14.08.09-1A.
(10) Renumbering COMAR 11.14.08.06B(3) to B(4), B(4) to B(5), B(5)
to B(6), and B(6) to B(7).
(11) Creation of a new COMAR 11.14.08.06B(3) from the last two
sentences of COMAR 11.14.08.06B(2).
(12) Amendments to COMAR 11.14.08.10B(3).
(13) Amendments to COMAR 11.14.08.10C.
(14) Deletion of COMAR 11.14.08.10C(1), C(1)(a) through C(1)(c),
inclusive, and C(2).
(15) Renumbering COMAR 11.14.08.10C(2)(a) to C(1), C(2)(b) to C(2),
C(2)(c) to C(3), C(2)(d) to C(4), C(2)(e) to C(5), and C(2)(f) to C(6).
(16) The addition of a new COMAR 11.14.08.11-1 except the phrase
``and, to the extent allowed by federal law, a vehicle owned by the
federal government'' in section COMAR 11.14.08.11-1A.
(17) Amendments to COMAR 11.14.08.12A.
(18) Deletion of COMAR 11.14.08.12A(1) through .12A(6), inclusive.
(19) Amendments to COMAR 11.14.08.12B(1).
(20) Amendments to COMAR 11.14.08.29A(2).
(21) Amendments to COMAR 11.14.08.30D(2).
(22) Amendments to COMAR 11.14.08.32A.
(23) Amendments to COMAR 11.14.08.32B(5).
(24) Amendments to COMAR 11.14.08.42.
(F) The following revisions to the provisions of COMAR 11.14.08
adopted by the Secretary of the Environment on September 16, 1998,
effective October 19, 1998:
(1) Amendments to COMAR 11.14.08.02B(40), B(40(a), and B(40)(b).
(2) Deletion of COMAR 11.14.08.03C.
(3) Addition of a new COMAR 11.14.08.03C and .03D.
(4) Amendments to COMAR 11.14.08.06A(2).
(5) Amendments to COMAR 11.14.08.06A(3)(k), (p), (q) and (r).
(6) Renumbering COMAR 11.14.08.06A(3)(s) and (t) to COMAR
11.14.08.06A(3)(t) and (u), respectively.
(7) The addition of a new COMAR 11.14.08.06A(3)(s).
(8) Amendment of COMAR 11.14.08.06D(7).
(9) Addition of a new COMAR 11.14.08.07C.
(10) Amendments to COMAR 11.14.08.09A.
(11) Deletion of COMAR 11.14.08.09A(1) through .09A(3), inclusive.
(12) Addition of a new COMAR 11.14.08.09A(1).
(13) Addition of a new COMAR 11.14.08.09A(2), A(2)(a) and A(2)(b).
(14) Amendments to COMAR 11.14.08.09B, B(1), B(1)(a) and B(1)(a)(i).
(15) Amendments to COMAR 11.14.08.09B(1)(b).
(16) Amendments to COMAR 11.14.08.09B(2) and B(2)(a).
(17) Amendments to COMAR 11.14.08.09B(3).
(18) Amendments to COMAR 11.14.08.09B(3)(a) and (b).
(19) Amendments to COMAR 11.14.08.09A(4).
(20) Amendments to COMAR 11.14.08.09A(4)(a).
(21) Renumbering of COMAR 11.14.08.09E to .09F, .09F to .09G, and
.09G to .09H.
(22) Reservation with notes of COMAR 11.14.08.09C and .09D,
(23) Addition with a note of a new reserved COMAR 11.14.08.09E.
(24) Amendments to COMAR 11.14.08.09F and .09G.
(25) Amendments to COMAR 11.14.08.10B(1)(c) and B(1)(d).
(26) Amendments to COMAR 11.14.08.10C(6)(b).
(27) Renumbering of COMAR 11.14.08.11 to COMAR 11.14.08.11-1.
(28) Addition of a new COMAR 11.14.08.11.
[[Page 94]]
(29) Amendments to COMAR 11.14.08.11-1, .11-1A(3), .11-1A(4), 11-1B,
11-1B(4) and 11-1B(5).
(30) Reservation with a note of COMAR 11.14.08.11-1C.
(31) Amendments to COMAR 11.14.08.11-1D(1) and 11-1D(2).
(32) Amendment to COMAR 11.14.08.12.
(33) Renumbering of COMAR 11.14.08.12B to .12C.
(34) Reservation with a note of COMAR 11.14.08.12A.
(35) Addition a new COMAR 11.14.08.12B and .12B(1).
(36) Addition with a note of a new reserved COMAR 11.14.08.12B(2).
(37) Amendments to COMAR 11.14.08.12C(1) and C(3).
(38) Amendments to COMAR 11.14.08.15C(7)(c).
(39) Amendments to COMAR 11.14.08.16.
(40) Renumbering COMAR 11.14.08.16C to COMAR 11.14.08.16D.
(41) Reservation with a note of COMAR 11.14.08.16A and .16B.
(42) Addition with a note of a new reserved COMAR 11.14.08.16C.
(43) Amendments to COMAR 11.14.08.16D.
(44) Renumbering COMAR 11.14.08.22C to COMAR 11.14.08.22D.
(45) Reservation with a note of COMAR 11.14.08.22A and .22B.
(46) Addition with a note of a new reserved COMAR 11.14.08.22C.
(47) Amendments to COMAR 11.14.08.27C(2).
(48) The deletion of COMAR 11.14.08.27C(3).
(49) Renumbering COMAR 11.14.08.27C(4) to COMAR 11.14.08.27C(3).
(50) Amendments to COMAR 11.14.08.28A.
(51) Amendments to COMAR 11.14.08.32A.
(52) Amendments to COMAR 11.14.08.32B(5).
(53) Amendments to COMAR 11.14.08.42.
(G) Letter of May 25, 1999, from the Maryland Department of the
Environment transmitting amendments to the Enhanced Vehicle Emissions
Inspection Program.
(ii) Additional material.
(A) Remainder of the July 10, 1995, submittal;
(B) Remainder of March 27, 1996, submittal;
(C) Remainder of September 25, 1998, submittal; and
(D) Remainder of May 25, 1999, submittal.
(145) Revisions to the Maryland State Implementation Plan submitted
on April 12, 1999, by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 12, 1999, from the Maryland Department of the
Environment transmitting revisions to Maryland's State Implementation
Plan, pertaining to Regulation .15 under Code of Maryland Administrative
Regulations (COMAR) 26.11.19 Volatile Organic Compounds from Specific
Processes.
(B) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive
Manufacturing and Adhesive Application amending the definition found at
COMAR 26.11.19.15 A(2) of the term ``honeycomb core installation'' to
include other substrates. This revision was adopted on March 2, 1999 and
effective on March 22, 1999.
(C) Revision to COMAR 26.11.19.15: Paint, Resin, and Adhesive
Manufacturing and Adhesive Application clarifying the applicability of
COMAR 26.11.19.15.C(4) General Emission Standard. This revision was
adopted on April 9, 1998 and effective on May 4, 1998.
(ii) Additional Material--Remainder of April 12, 1999 submittal
pertaining to COMAR 26.11.19.15 Paint, Resin, and Adhesive Manufacturing
and Adhesive Application.
(146) Revisions to the Maryland Regulations, through the addition of
COMAR 26.11.20.04, adopting the National Low Emission Vehicle Program.
This revision was submitted on March 3, 1999 by the Maryland Department
of the Environment, and was amended on March 24, 1999:
(i) Incorporation by reference.
(A) Letter of March 3, 1999 from the Maryland Department of the
Environment transmitting a revision to the Maryland State Implementation
Plan for a National Low Emission Vehicle program.
[[Page 95]]
(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 materials--Remainder of March 3, 1999 and March 24,
1999 submittals pertaining to COMAR 26.11.20.04.
(147) Revisions to the Maryland State Implementation Plan submitted
on March 11, 1999, by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of March 11, 1999, from the Maryland Department of the
Environment transmitting revisions to Maryland's State Implementation
Plan, pertaining to Code of Maryland Administrative Regulations (COMAR)
26.11.19. Volatile Organic Compounds from Specific Processes at
26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic Parts Coating.
(B) Revision to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other
Plastic Parts Coating to add at COMAR 26.11.19.07 F. ``Emission
Standards for Printing on Plastic Other than Vinyl.'' This revision was
adopted on August 6, 1997, and effective on September 8, 1997.
(C) Revisions to COMAR 26.11.19.07: Paper, Fabric, Vinyl, and Other
Plastic Parts Coating, adopted August 4, 1998, and effective on August
24, 1998, including the following:
(1) Revision to COMAR 26.11.19.07 B. ``Applicability'' at B (1) to
delete previous text describing subject coating and printing operations
and to add new text stating that the regulation applies to any coating
or printing operation that it listed in and has VOC emissions equal to
or greater than the applicability levels in subsection C. (2) and (3) of
this regulation.
(2) Revision to COMAR 26.11.19.07 C. to change the title from
``Emission Standards for Web, Paper, Fabric, and Vinyl Coating'' to
``Emission Standards for Coating or Printing Installations.''
(3) Revision to COMAR 26.11.19.07 C. (1) to delete text which
specified installations by substrates and listed the associated emission
standards, and to add text to refer to the installations and emission
standards found in subsections C. (2) and (3) of this regulation.
(4) Revision to COMAR 26.11.19.07 to add subsection C. (2) and (3)
to list in tabular format subject installations, applicability
thresholds, and VOC emission standards.
(5) Revision to COMAR 26.11.19.07 to delete subsections E. D. and F.
as their requirements are found in the new simplified table at COMAR
26.11.19.07 C (2) and (3).
(ii) Additional Material--Remainder of March 11, 1999 submittal
pertaining to COMAR 26.11.19.07 Paper, Fabric, Vinyl, and Other Plastic
Parts Coating.
(148) Revisions to the Maryland State Implementation Plan submitted
on June 8, 1993 and September 25, 2000 by the Maryland Department of the
Environment.
(i) Incorporation by reference.
(A) Letter dated June 8, 1993 from the Maryland Department of the
Environment transmitting revisions to COMAR 26.11.01, 26.11.02, and
26.11.06, as well as a new COMAR 26.11.17.
(B) The following provisions of COMAR 26.11.01.01 (General
Administrative Provisions--Definitions), 26.11.02 (Permits, Approvals,
and Registration), 26.11.06 (General Emission Standards, Prohibitions,
and Restrictions), and 26.11.17 (Requirements for Major New Sources and
Modifications), effective April 26, 1993:
(1) Revised COMAR 26.11.01.01J (definition of ``Modification'')
[currently cited as COMAR 26.11.01.01B(20)].
(2) New COMAR 26.11.01.01M-1 definition of ``New Source Review
Source'' (NSR Source) [currently cited as COMAR 26.11.01.01B(24)],
replacing COMAR 26.11.01.01L (``New Source Impacting on a Non-Attainment
Area--NSINA'').
(3) Revised COMAR 26.11.02.03A(1), .03B, .09A (introductory
paragraph), 09A(5), .10C (introductory paragraph), .11A (introductory
paragraph), .11A(3).
(4) Revised COMAR 26.11.06.06E(1).
(5) New COMAR 26.11.17.01A; .01B(1)(a), (b); .01B(2) through
.01B(14); .01B(15)(a)[introductory paragraph only], (c), (d), (e)[except
iii], (f); .01B(16) through (18); .02B through .02F; .03A;
[[Page 96]]
.03B(1), .03B(2), .03B(3)(a) through .03B(3)(d)[except introductory
paragraph]; .03B(4); .03B(5); .03C; .03D; .05A; .05B(1); .05B(3). This
rule replaces COMAR 26.11.06.11.
(C) Letter dated September 25, 2000 from the Maryland Department of
the Environment transmitting revisions to COMAR 26.11.17.
(D) The following provisions of COMAR 26.11.17 (Requirements for
Major New Sources and Modifications), effective October 2, 2000:
.01B(1)(c); .01B(15)(a)(i), .01B(15)(a)(ii), .01B(15)(b),
.01B(15)(e)(iii); .02A(1), .02A(2); .03B(3), .03B(5), .03B(6)[formerly
.03B(5)], .04A(1), .04A(2), .04B, .04C(1), .04C(2); .05B(2).
(149) Revisions to the Maryland Regulations related to use of
pollution control devices in COMAR 26.11.12 Control of Batch Type Hot-
Dip Galvanizing Installations submitted on July 17, 1995 by the Maryland
Department of the Environment:
(i) Incorporation by reference.
(A) Letter of July 17, 1995 from the Maryland Department of the
Environment to Mr. Stanley Laskowski of EPA transmitting revisions to
COMAR 26.11.12 Control of Batch Type Hot-Dip Galvanizing Installations
related to use of control equipment to meet visible emission
limitations.
(B) Revision to COMAR 26.11.12 Control of Batch Type Hot-Dip
Galvanizing Installations related to use of control equipment to meet
visible emission limitations. Revisions were effective on May 8, 1995.
(ii) Additional materials--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.
[[Page 97]]
(F) Revisions to COMAR 26.11.27, Post RACT Requirements for
NOX Sources ( NOX Budget Program) and COMAR
26.11.28, Polices and Procedures Relating to Maryland's NOX
Budget Program, consisting of the consent agreement between the Maryland
Department of the Environment and the Potomac Electric Power Company,
effective September 13, 1999.
(G) Revisions to COMAR 26.11.27, Post RACT Requirements for
NOX Sources ( NOX Budget Program) and COMAR
26.11.28, Polices and Procedures Relating to Maryland's NOX
Budget Program, consisting of the consent agreement between the Maryland
Department of the Environment and the Baltimore Gas & Electric Company,
effective November 19, 1999.
(ii) Additional Material--Remainder of August 28, 1998, November 16,
1999 and March 20, 2000 submittals pertaining to the Nitrogen Oxides
Budget Program.
(152) Revisions to the Maryland Regulations governing visible
emissions submitted on March 21, 1991 and November 5, 1997 by the
Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letters from the Maryland Department of the Environment dated
March 21, 1991 and November 5, 1997 submitting revisions to the Maryland
State Implementation Plan.
(B) Document entitled ``Procedures To Be Used To Evaluate An
Application For An Alternative Visible Emissions Standard Under COMAR
26.11.06.02B''.
(C) Code of Maryland Administrative Regulations (COMAR) 10.18.06.02
(General Emission Standards, Prohibitions, and Restrictions--Visible
Emissions), Sections 10.18.06.02A(1), .02(A)(1)(a), .02(A)(2), and
.02C(1) and (2), effective December 3, 1984.
(D) Recodified COMAR 26.11.06.02 (General Emission Standards,
Prohibitions, and Restrictions--Visible Emissions), Sections
26.11.06.02A(1) [General paragraph], .02A(1)(a) through (d) and (f),
.02A(2), and .02C(1) through (3), effective August 1, 1988.
(E) COMAR 26.11.06.02B (Visible Emissions--Case-by-Case Exception to
the Visible Emissions Standards).
(1) COMAR 10.18.06.02B(1)(a) through (d), .02B(2)(a), .02B(4)(a) and
(b), and .02B(5)(a) and (b), effective December 3, 1984. This rule
replaces COMAR 10.18.01.08. [Recodified as COMAR 26.11.06.02B, effective
August 1, 1988.]
(2) COMAR 26.11.06.02B(2)(b) through (e) and .02 B(4)(c), effective
July 3, 1995.
(F) Recodified COMAR 26.11.06.03D (Particulate Matter from Materials
Handling and Construction), effective August 1, 1988.
(ii) Additional Material.
(A) Remainder of the March 21, 1991 submittal (MD91-01) as it
pertains to the recodification of COMAR 26.11.06.02 and 26.11.06.03D.
(B) Remainder of the November 5, 1997 submittal (MD97-02).
(153) Revisions to the Maryland State Implementation Plan submitted
on April 2, 1992 and October 10, 2000 by the Maryland Department of the
Environment:
(i) Incorporation by reference.
(A) Letter dated April 2, 1992 from the Maryland Department of the
Environment transmitting revisions to the testing and observation
procedures for iron and steel production operations
(B) The following revised Maryland provisions, effective February
17, 1992.
(1) Revised COMAR 26.11.10.07.
(2) Technical Memorandum 91-01, Supplement 1--Appendix A, Test
Method 5 and Method 8.
(C) Letter dated October 10, 2000 from the Maryland Department of
the Environment transmitting revisions to regulations and technical
memoranda governing control of iron and steel production operations.
(D) The following revised Maryland provisions, effective November 2,
1998.
(1) Revisions to COMAR 26.11.01.04C(2).
(2) Revisions to the following provisions of COMAR 26.11.10:
Paragraphs .02A., .02B(2), .02B(3), .03A(2)(a) through (c), .03A(2)(e),
.03B [introductory paragraph], .03B(5) [formerly cited as .03B(6)],
.04B(2) introductory paragraph [combined with provision formerly cited
as .04B(2)(a)], .04B(2)(c)(i) and .04B(2)(c)(ii) [formerly cited as
.04B(2)(e)(i) and .04B(2)(e)(ii) respectively], .04B(2)(f), .04B(3)
through(5), and.05.
[[Page 98]]
(3) Removal of the following provisions: COMAR 26.11.10.01B(1)
[existing provision .01B(2) is renumbered as .01B(1)], .03B(1) [existing
provisions .03B(2) through(5) are renumbered as .03B(1) through (4)],
.03B(7), .03B(8), .03C, .03D, .04A(2) and .04A(3) [existing provision
.04A(1) is renumbered as .04A], .04B(2)(b), and .04B(2)(h) [existing
provisions .04B(2)(c) through (g) and (i) are renumbered as .04B(2)(a)
through (f)].
(4) Addition of COMAR 26.11.10.01B(2) and new .03C.
(5) Technical Memorandum 91-01, Supplement 3--Test Methods 1004,
1004F, 1004G, 1004H, and 1004I.
(E) Revisions to COMAR 26.11.10.03C(1) [formerly cited as .03C], and
the addition of Paragraphs .03C(2) and .03C(3); effective October 2,
2000.
(ii) Additional materials--Remainder of the state submittals
pertaining to the revisions listed in paragraph (c)(153) (i) of this
section.
(154) Revisions to the Maryland Regulations pertaining to the
Nitrogen Oxides (NOX) Reduction and Trading Program submitted
on April 27, 2000 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of April 27, 2000 from the Maryland Department of the
Environment transmitting additions to the Maryland State Implementation
Plan pertaining to the NOX Reduction and Trading Program.
(B) Revisions to COMAR 26.11.29, NOX Reduction and
Trading Program and COMAR 26.11.30, Policies and Procedures Relating to
Maryland's NOX Reduction and Trading Program, effective May
1, 2000.
(1) Addition of COMAR 26.11.29.01 through COMAR 26.11.29.15.
(2) Addition of COMAR 26.11.30.01 through COMAR 26.11.30.09.
(ii) Additional material. Remainder of April 27, 2000 submittal
pertaining to the NOX Reduction and Trading Program.
(155) Revisions to the Maryland Regulations for NOX RACT
regulations submitted on September 8, 2000 by the Maryland Department of
the Environment:
(i) Incorporation by reference.
(A) Letter of September 8, 2000 from the Maryland Department of the
Environment transmitting the Maryland NOX RACT regulations.
(B) The Maryland NOX RACT regulations found at COMAR
26.11.09.08, effective October 18, 1999, as revised effective September
18, 2000. This rule replaces COMAR 26.11.09.08, effective May 10, 1993,
as revised effective June 20, 1994 and May 8, 1995.
(C) Addition of COMAR 26.11.09.01B(3-1) (definition of the term
``high heat release unit''), effective September 18, 2000.
(ii) Additional materials--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 materials--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 materials--Remainder of the October 31, 2000
submittal.
(158) Revision to the Maryland Regulations which adopt by reference
the
[[Page 99]]
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 materials--Remainder of the February 6, 1998
submittal.
(159) Revision to the Maryland Regulations updating the references
to the federal definition of VOC at 40 CFR 51.100(s) and the federal PSD
regulations at 40 CFR 52.21, submitted on November 16, 2000 by the
Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of November 16, 2000 from the Maryland Department of the
Environment transmitting the updates to the Maryland regulation
references to the federal definition of VOC at 40 CFR 51.100(s) and the
federal PSD regulations at 40 CFR 52.21.
(B) The amendments to COMAR 26.11.01.01B(37) and COMAR 26.11.06.14
which update the reference for incorporation of the federal PSD
regulations found at 40 CFR 52.21 from the 1996 to the 1999 edition of
the CFR and the amendment to COMAR 26.11.01.01B(53) which updates the
federal reference for incorporation of the EPA definition of VOC found
at 40 CFR 51.100(s) from the 1996 to the 1999 edition of the CFR,
effective October 16, 2000.
(ii) Additional materials--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
[[Page 100]]
the Maryland State Implementation Plan, consisting of the addition of
COMAR 26.11.19.30 Control of Volatile Organic Compounds from Organic
Chemical Production.
(B) Addition of new COMAR 26.11.19.30 Control of Volatile Organic
Compounds from Organic Chemical Production, adopted by the Secretary of
the Environment on December 6, 2000 and effective on January 8, 2001,
including the following:
(1) addition of new COMAR 26.11.19.30 A. Definitions.
(2) addition of new COMAR 26.11.19.30 B. Terms Defined.
(3) addition of new COMAR 26.11.19.30.C. Applicability.
(4) addition of new COMAR 26.11.19.30.D. General Requirements.
(5) addition of new COMAR 26.11.19.30.E. Demonstration of
Compliance.
(ii) Additional materials--Remainder of the February 5, 2001
submittal.
(163) Revisions to the Maryland Regulations submitted on January 8,
2001 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter dated January 8, 2001 from the Maryland Department of the
Environment transmitting regulations that establish reasonably available
control technology (RACT) requirements for those sources at integrated
steel mills that cause emissions of volatile organic compounds (VOCs).
(B) The following revisions to COMAR 26.11.10, effective December
25, 2000:
(1) Addition of COMAR 26.11.10.01B(1) through .0B(5) inclusive, and
.01B(8.) [existing provisions .01B(1) and .01B(2) are renumbered as
.01B(6) and .01B(7) respectively].
(2) New COMAR 26.11.10.06 (Control of Volatile Organic Compounds
from Iron and Steel Production Installations).
(3) Revisions to COMAR 26.11.10.07 (Testing and Observation
Procedures).
(C) Letter dated May 29, 2001 from the Maryland Department of the
Environment, noting the correction of a typographical error made in the
Maryland Register publication of the Iron and Steel VOC RACT rule.
(ii) Additional materials--Remainder of the state submittal
pertaining to the regulations listed in paragraph (c)(163)(i)(B) of this
section.
(164) Revisions to the Maryland State Implementation Plan submitted
on February 6, 1998 and May 14, 2001 by the Maryland Department of the
Environment:
(i) Incorporation by reference.
(A) Letter of May 14, 2001 from the Maryland Department of the
Environment transmitting revisions to COMAR 26.11.01.01 (General
Administrative Definitions).
(B) The following revised provisions of COMAR 26.11.01.01, effective
June 20, 1994:
(1) 26.11.01.01A.
(2) 26.11.01.01B(1) through .01B(20), except for .01B(3) and
.01B(13).
(3) 26.11.01.01B(24) through .01B(36), except for .01B(25).
(4) 26.11.01.01B(38) through .01B(53).
(C) Letter of February 6, 1998 from the Maryland Department of the
Environment transmitting revisions to COMAR 26.11.01.01 (General
Administrative Definitions).
(D) Revised COMAR 26.11.01.01B(43) [definition of ``source''],
effective June 30, 1997.
(ii) Additional Material.
(A) Remainder of May 14, 2001 submittal.
(B) Remainder of February 6, 1998 submittal related to the revised
definition of ``source.''
(165) Revisions to the Maryland State Implementation Plan submitted
on June 12, 2001 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of June 12, 2001 from the Maryland Department of the
Environment transmitting revisions to COMAR 26.11.04 (Ambient Air
Quality Standards).
(B) The following revised provisions of COMAR 26.11.04, effective
May 8, 1995:
(1) Revised chapter title of COMAR 26.11.04.
(2) New 26.11.04.03 through .09 (formerly COMAR 26.11.03.01 through
.07 [State-Adopted National Ambient Air Quality Standards and
Guidelines], effective prior to May 8, 1995).
(3) Addition of COMAR 26.11.04.02.
(ii) Additional Material.
[[Page 101]]
(A) Remainder of June 12, 2001 submittal.
(166) Revisions to the Maryland State Implementation Plan submitted
on August 20, 2001 by the Maryland Department of the Environment
consisting of Reasonably Available Control Technology (RACT)
requirements to reduce volatile organic compound (VOC) emissions from
marine vessel coating operations.
(i) Incorporation by reference.
(A) A letter dated August 20, 2001 from the Maryland Department of
the Environment transmitting an addition to Maryland's State
Implementation Plan, pertaining to volatile organic compound (VOC)
regulations in Maryland's air quality regulations, COMAR 26.11.19.27.
(B) Addition of new COMAR 26.11.19.27--Control of Volatile Organic
Compounds from Marine Vessel Coating Operations, effective on October
20, 1997.
(ii) Additional materials--Remainder of the August 20, 2001
submittal pertaining to COMAR 26.11.19.27--Control of VOC Emissions from
Marine Vessel Coating Operations.
(167)(i) Incorporation by reference.
(A) Letter dated February 21, 2001 submitted by the Maryland
Department of the Environment transmitting the source-specific VOC RACT
determination for the Thomas Manufacturing Corporation Inc., in the form
of a Consent Order.
(B) Consent Order for the Thomas Manufacturing Corporation Inc.,
dated February 6, 2001, with an effective date of February 15, 2001.
(ii) Additional materials--Other materials submitted by the State of
Maryland in support of and pertaining to the RACT determination for the
source listed in paragraph (c)(167)(i)(B) of this section.
(168) SIP revision submitted on April 25, 2001 by the State of
Maryland consisting of a Consent Order dated April 16, 2001 between the
Maryland Department of the Environment and Constellation Power Source
Generation Inc. The Consent Order establishes a system-wide inter-
facility emissions averaging plan to comply with NOX RACT
requirements at five facilities owned by Constellation Power Source
Generation Inc. and located in the State of Maryland.
(i) Incorporation by reference.
(A) Letter of April 25, 2001 from the Maryland Department of the
Environment (MDE) transmitting a Consent Order issued by MDE to
Constellation Power Source Generation, Inc. establishing an averaging
plan at five electric generating plants as a means of compliance with
the NOX RACT requirements.
(B) Consent Order between the Maryland Department of the Environment
and Constellation Power Source Generation, Inc. dated April 16, 2001.
(C) NOX RACT Averaging Plan Proposal submitted by
Constellation Power Source Generation, Inc. dated November 6, 2000.
(ii) Additional materials--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
[[Page 102]]
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.
(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.
[[Page 103]]
(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 materials--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 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 Materials--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 materials--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
[[Page 104]]
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 Materials--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 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 materials--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 Materials--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.
[[Page 105]]
(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
(introductory paragraph), .03C(1), and .05A.
(3) Removal of COMAR 26.11.06.02C(3).
(ii) Additional Materials--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 Materials--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).
[[Page 106]]
(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 Materials--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(183)(i) of this
section.
(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 Materials--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(184)(i) of this
section.
(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.
(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.
[[Page 107]]
(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]
(187) The Ozone Redesignation and Maintenance Plan for Kent and
Queen Anne's Counties nonattainment area submitted on February 4, 2004
by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) A letter dated February 9, 2004 from the Maryland Department of
the Environment transmitting Maryland's State Implementation Plan
pertaining to the redesignation request for the Kent and Queen Anne's
Counties Ozone Nonattainment Area.
(B) SIP Revision 03-15, Redesignation Request for Kent and Queen
Anne's Counties Ozone Nonattainment Area, February 4, 2004.
(ii) Additional Material--Remainder of the State submittals
pertaining to the revisions listed in paragraph (c)(187)(i) of this
section.
(188)-(189) [Reserved]
(190) Revisions to the Maryland State Implementation Plan submitted
on March 31, 2004 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of March 31, 2004 from the Maryland Department of the
Environment transmitting a Consent Order establishing VOC RACT for
Kaydon Ring and Seal, Inc.
(B) Consent Order establishing VOC RACT for Kaydon Ring and Seal,
Inc. with an effective date of March 5, 2004.
(ii) Additional Materials--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(190)(i) of this
section.
(191) Revision to the Maryland Regulations pertaining to changes to
control of fuel-burning equipment, stationary internal combustion
engines and certain fuel-burning installations and to changes to
requirements for major new sources and modifications submitted on
December 1, 2003 by the Maryland Department of the Environment:
(i) Incorporation by reference.
(A) Letter of December 1, 2003 from the Maryland Department of the
Environment transmitting changes to control of fuel-burning equipment,
stationary internal combustion engines and certain fuel-burning
installations and to changes to requirements for major new sources and
modifications in Maryland's air quality regulations, Code of Maryland
Administrative Regulations (COMAR).
(B) Revisions to COMAR 26.11.09.08A(1), pertaining to control of
NOX emissions for major stationary sources adopted by the
Secretary of the Environment on October 21, 2003, and effective on
November 24, 2003.
(1) Revision to COMAR 26.11.09.08A(1)(a).
(2) Deletion of COMAR 26.11.09.08A(1)(b).
(3) Renumbering of COMAR 26.11.09.08A(1)(c) to COMAR
26.11.09.08A(1)(b).
(C) Revisions to COMAR 26.11.17.01B(13) pertaining to requirements
for major new sources and modifications adopted by the Secretary of the
Environment on October 21, 2003, and effective on November 24, 2003.
(1) Revisions to COMAR 26.11.17.01B(13)(a)(i) and (13)(a)(ii).
(2) Deletion of COMAR 26.11.17.01B(13)(a)(iii).
(3) Renumbering of COMAR 26.11.17.01B(13)(a)(iv) to 01B(13)(a)(iii),
and 26.11.17.01B(13)(a)(v) to 01B(13)(a)(iv).
(D) Revisions to COMAR 26.11.17.03B pertaining to requirements for
major new sources and modifications adopted by the Secretary of the
Environment on October 21, 2003, and effective on November 24, 2003.
(1) Revision to COMAR 26.11.17.03B(3)(a).
(2) Deletion of COMAR 26.11.17.03B(3)(b).
(3) Renumbering of COMAR 26.11.17.03B(3)(c) to 03B(3)(b), and
03B(3)(d) to 03B(3)(c).
(ii) Additional Material--Remainder of the State submittal
pertaining to the revisions listed in paragraph (c)(191)(i) of this
section.
[37 FR 10870, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec.
52.1100, see the List of CFR
[[Page 108]]
Sections Affected, which appears in the Finding Aids section of the
printed volume and at www.fdsys.gov.
Effective Date Note: At 78 FR 33984, June 6, 2013, Sec. 52.1100 was
revised, effective Aug. 5, 2013. For the convenience of the user, the
revised text is set forth as follows:
Sec. 52.1100 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Maryland'' and all revisions submitted by Maryland that
were federally approved prior to November 1, 2004. The information in
this section is available in the 40 CFR, part 52, Volume 2 of 2
(Sec. Sec. 52.1019 to the end of part 52) editions revised as of July
1, 2005 through July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3
(Sec. Sec. 52.1019 to 52.2019) edition revised as of July 1, 2012.
(b) [Reserved]
Sec. Sec. 52.1101-52.1109 [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]
Sec. Sec. 52.1111-52.1115 [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
[[Page 109]]
schedules for completing the new ozone attainment plan.
[55 FR 20272, May 16, 1990]
Effective Date Note: At 78 FR 33984, June, 6, 2013, Sec. 52.1118
was removed and reserved, effective Aug. 5, 2013.
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.
(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
[[Page 110]]
and on August 22, 1977 by the Commissioner of the Department of
Environmental Quality Engineering, and additional technical information
pertinent to Deerfield Specialty Papers, Inc., Monroe, Mass., submitted
on December 27, 1977 by the Commissioner of the Massachusetts Department
of Environmental Quality Engineering.
(10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof,
for the Central Massachusetts Air Pollution Control District submitted
on June 25, 1976 by the Secretary of Environmental Affairs and on August
22, 1977 by the Commissioner of the Department of Environmental Quality
Engineering.
(11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof,
for the Central Massachusetts Air Pollution Control District (revised
and adopted by the Massachusetts Department of Environmental Quality
Engineering on March 29, 1976, with specificprovisions for the City of
Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental
Affairs.
(12) A revision to Regulation 5.1, Sulfur Content of Fuels and
Control Thereof, for the Southeastern Massachusetts Air Pollution
Control District, submitted on December 30, 1976 by the Secretary of
Environmental Affairs and on January 31, 1978 by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering.
(13) A revision to Regulation 5.1, Sulfur Content of Fuels and
Control Thereof, for the Berkshire Air Pollution Control District,
submitted by the Commissioner of the Massachusetts Department of
Environmental Quality Engineering on April 14, 1977, and additional
technical information submitted on August 11, 1978, pertaining to the
Schweitzer Division, Kimberly-Clark Corporation, Columbia Mill, Lee, and
on August 31, 1978, pertaining to Crane and Company, Inc., Dalton.
(14) Revisions to ``Regulations for the Prevention and/or Abatement
of Air Pollution Episode and Air Pollution Incident Emergencies,''
submitted on September 15, 1976 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(15) A revision to Regulation 2.5, Compliance with Emission
Limitations, and to Regulation 16, Reduction of Single Passenger
Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control
District, submitted on May 20, 1977, by the Acting Commissioner of the
Executive Office of Environmental Affairs, Department of Environmental
Quality Engineering.
(16) Revision to regulation 7 and regulation 9, submitted on
December 9, 1977, by the Commissioner of the Massachusetts Department of
Environmental Quality and Engineering.
(17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310
CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at
New England Power Company, Salem Harbor Station, Massachusetts,
submitted on July 5, 1978 by the Commissioner, Massachusetts Department
of Environmental Quality Engineering and an extension to 310 CMR 7.06,
Visible Emissions, submitted on December 28, 1979.
(18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)--
Emission Limitation to Incinerators, submitted February 1, 1978 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(19) The addition of Regulation 7.17, for the Southeastern
Massachusetts Air Pollution Control District, Coal Conversion--Brayton
Point Station, New England Power Company, submitted by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering on
September 7, 1978. Compliance with this revision shall be determined by
methods consistent with New Source Performance Standards, proposed Test
Method 19, as stated in a letter dated February 8, 1979 from Kenneth
Hagg of the Massachusetts Department of Environmental Quality
Engineering to Frank Ciavattieri of the Environmental Protection Agency.
(20) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control
Thereof'' and a revision for the Metropolitan Boston APCD, and Merrimack
Valley APCD submitted on December 28, 1978, by the Commissioner of the
Massachusetts
[[Page 111]]
Department of Environmental Quality Engineering.
(21) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control
Thereof'' and a revision to Regulation 310 CMR 7.05(4) ``Ash Content of
Fuels'' for the Pioneer Valley Air Pollution Control District, submitted
on January 3, 1979 by the Acting Com0missioner of the Massachusetts
Department of Environmental Quality Engineering.
(22) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1), ``Sulfur Content of Fuels and Control
Thereof'' for the Southeastern Massachusetts APCD, submitted on January
31, 1979 by the Commissioner of the Massachusetts Department of
Environmental Quality Engineering.
(23) A revision to Regulation 310 CMR 7.05(4) ``Ash Content of
Fuels'' for the Metropolitan Boston Air Pollution Control District,
submitted on July 20, 1978 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(24) A revision permanently extending Regulation 310 CMR 7.05(1)
(formerly Regulation 5.1) ``Sulfur Content of Fuels and Control
Thereof'' for the Central Massachusetts APCD, submitted on March 2, 1979
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering, and a revision removing the seasonal restriction in
Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James
River-Massachusetts submitted on September 28, 1979 by the Commissioner.
(25) On March 30, 1979 and on April 23, 1979 the Commissioner of the
Massachusetts Department of Environmental Quality Engineering submitted
the non-attainment area plan for Total Suspended Particulates (TSP) in
Worcester, miscellaneous statewide regulation changes, and an extension
request for the attainment of TSP secondary standards for areas
designated non-attainment as of March 3, 1978.
(26) On May 3, 1979, August 7, 1979, and April 17, 1980, the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering submitted a revision entitled ``Massachusetts Implementation
Plan, Amended Regulation--All Districts, New Source Review Element,''
relating to construction and operation of major new or modified sources
in non-attainment areas.
(27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted
on September 28, 1979 by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering.
(28) Revision to the state ozone standard and adoption of an ambient
lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner
of the Department of Environmental Quality Engineering on August 21,
1979.
(29) A revision varying the provisions of Regulation 310 CMR
7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's
Kendall Station, First Street, Cambridge, and Blackstone Station,
Blackstone Street, Cambridge, submitted on December 28, 1978 by the
Commissioner of the Massachusetts Department of Environmental Quality
Engineering.
(30) Attainment plans to meet the requirements of Part D for carbon
monoxide and ozone and other miscellaneous provisions were submitted by
the Governor of Massachusetts on December 31, 1978 and on May 16, 1979
by the Acting Commissioner of the Department of Environmental Quality
Engineering. Supplemental information was submitted on September 19,
November 13 and December 7, 1979; and March 20 and April 7, 1980 by
DEQE.
(31) A temporary variance to the Provisions of Regulation 310 CMR
7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper
Company, Otter River. Submitted on March 20, 1980 by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering.
(32) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and
Control Thereof'' for the Metropolitan Boston APCD submitted on November
27, 1979 by the Commissioner of the Department of Environmental Quality
Engineering.
(33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) ``Sulfur Content of Fuels and Control Thereof'' for the Pioneer
Valley Air
[[Page 112]]
Pollution Control District submitted by the Commissioner of the
Massachusetts Department of Environmental Quality Engineering on March
2, 1979 and May 5, 1981.
(34) A revision to Regulation 7.05(1) ``Sulfur Content of Fuels and
Control Thereof'' for the Metropolitan Boston APCD submitted on April
25, 1980 by the Commissioner of the Department of Environmental Quality
Engineering.
(35) On January 5, 1981, the Acting Director of the Division of Air
Quality Control, Massachusetts Department of Environmental Quality
Engineering submitted a revision entitled ``Appendix J Transportation
Project Level Guidelines'' relating to policy guidance on the
preparation of air quality analysis for transportation projects.
(36) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the Commissioner of the
Department of Environmental Quality Engineering on January 28, 1980.
(37) A revision submitted by the Commissioner of the Massachusetts
Department of Environmental Quality Engineering on September 12, 1980
adding a new regulation 310 CMR 7.19 ``Interim Sulfur-in-Fuel
Limitations for Fossil Fuel Utilization Facilities Pending Conversion to
an Alternate Fuel or Implementation of Permanent Energy Conservation
Measures.''
(38) A variance of Regulation 310 CMR 7.05(1)(d)(2) ``Sulfur Control
of Fuels and Control Thereof'' for the Metropolitan Boston Air Pollution
Control District, submitted on November 25, 1980, by the Commissioner of
the Massachusetts Department of Environmental Quality Engineering.
(39) Revisions to meet the requirements of Part D and certain other
sections of the Clean Air Act, as amended, for making a commitment to
public transportation in the Boston urban region which were submitted on
July 9, 1981 and on July 30, 1981.
(40) Regulations 310 CMR (14), (15), and (16), for paper, fabric,
and vinyl surface coaters to meet the requirements of Part D for ozone
were submitted by the Governor of Massachusetts on March 6, 1981.
(41) A revision to Regulation 7.05(1)(c) ``Sulfur Content of Fuels
Control Thereof for the Merrimack Valley Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at
Haverhill Paperboard Corporation, Haverhill.
(42) Regulation 310 CMR 7.18(2)(b), to allow existing surface
coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10),
(11), (12), (14), (15) and (16) to bubble emissions to meet the
requirements of Part D for ozone was submitted by the Governor on March
6, 1981, and a letter clarifying state procedures was submitted on
November 12, 1981. The emission limitations required by the federally-
approved portion of 310 CMR 7.18 are the applicable requirements of the
Massachusetts SIP for the purpose of section 113 of the Clean Air Act
and shall be enforceable by EPA and by citizens in the same manner as
other requirements of the SIP; except that emission limitations adopted
by the state under and which comply with 310 CMR 7.18(2)(b) and the
procedures set out in the letter of November 12, 1981 shall be the
applicable requirements of the Massachusetts SIP in lieu of those
contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and
by citizens.
(43) A revision to Regulation 7.05(1)(d) ``Sulfur Content of Fuels
and Control Thereof for the Metropolitan Boston Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at
Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering.
(44) The Massachusetts Department of Environmental Quality
Engineering submitted an updated VOC emissions inventory on September 3,
1981, and the procedures to annually update this inventory on November
4, 1981.
(45) A revision to Regulation 7.05(1)(e) ``Sulfur Content of Fuels
and Control Thereof for the Pioneer Valley Air Pollution Control
District'' allowing the burning of higher sulfur content fuel oil at the
Holyoke Gas and Electric Department, Holyoke.
(46) A revision submitted on December 29, 1981 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing
[[Page 113]]
the burning of higher sulfur content fuel oil at the ATF Davidson
Company, Northbridge, until December 1, 1983.
(47) Regulation 310 CMR 7.18(10) for metal coil coating was
submitted on June 24, 1980 by the Commissioner of the Department of
Environmental Quality Engineering, in order to meet Part D requirements
for ozone.
(48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous
Metal Parts and Products and (12), Graphic Arts--Rotogravure and
Flexography with test methods; and (13) Perchloroethylene Dry Cleaning
Systems without test methods, were submitted on July 21, 1981 and March
10, 1982 by the Department of Environmental Quality Engineering to meet
Part D requirements for ozone attainment.
(49) A revision to Regulation 7.17 ``Conversions to Coal'' submitted
by the Commissioner of the Massachusetts Department of Environmental
Quality Engineering on January 22, 1982 specifying the conditions under
which coal may be burned at the Holyoke Water Power Company, Mount Tom
Plant, Holyoke, Massachusetts.
(50) [Reserved]
(51) A revision submitted on September 29, 1982 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of fuel oil having a sulfur content of 0.55 pounds
per million Btu heat release potential at the Northeast Petroleum
Corporation, Chelsea, Massachusetts.
(52) A revision submitted on September 28, 1982 by the Commissioner
of the Massachusetts Department of Environmental Quality Engineering
allowing the burning of higher sulfur content fuel oil at the Polaroid
Corporation for a period of up to 30 months commencing on December 1,
1982.
(53)(i) Attainment plans for carbon monoxide and ozone submitted by
the Department of Environmental Quality Engineering on September 9,
November 2 and November 17, 1982; February 2, March 21, April 7, April
26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)-
(7), (9)-(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)-(14), and
540 CMR 4.00.
(ii) Regulation 310 CMR 7.18(3) for the surface coating of metal
furniture submitted on September 9, 1982 as part of the attainment plan
identified in Sec. 52.1120(c)(53)(i), is added to the VOC surface
coating bubble Regulation 310 CMR 7.18(2)(b) identified in Sec.
52.1120(c)(42).
(iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning
systems submitted on September 9, 1982 as part of the attainment plan
identified in section 52.1120(53)(i), is amended by adding EPA test
methods to the no action identified in 52.1120(48).
(54) On February 8, 1983, the Massachusetts Department of
Environmental Quality Engineering submitted a source specific emission
limit in the letter of approval to the Esleeck Manufacturing Company,
Inc., Montague, allowing the Company to burn fuel oil having a maximum
sulfur content of 1.21 pounds per million Btu heat release potential
provided the fuel firing rate does not exceed 137.5 gallons per hour.
(55) A revision to exempt the Berkshire Air Pollution Control
District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25,
1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control
of the Department of Environmental Quality Engineering.
(56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum
liquid storage in external floating roof tanks submitted on December 2,
1983.
(57) Revisions to the State's narrative, entitled New Source
Regulations on page 117 and 118, the regulatory definitions of BACT,
NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13),
submitted by Anthony D. Cortese, Commissioner, in August, 1982 and
received on September 9, 1982.
(58) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental 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.
[[Page 114]]
(B) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on April 12, 1991.
(C) Amendments and additions to 310 CMR 7.00 submitted on June 7,
1991 and effective on June 21, 1991.
(D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992
and February 17, 1993 and effective on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(59) A revision submitted on May 3, 1983, allowing the burning of
2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility
in Uxbridge, Massachusetts for a period of up to 30 months, commencing
on March 23, 1984.
(60) On May 27, 1982 and September 9, 1982 the Commissioner of the
Massachusetts Department of Environmental Quality Engineering submitted
a revised plan for new source review in nonattainment areas. The
submittal included 310 CMR Appendix A, ``Emission Offsets and
Nonattainment Review,'' additions to 310 CMR 7.00, ``General
Definitions,'' and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5),
``Plan Approval and Emission Limitations.''
(61) A revision submitted on October 31, 1983, allowing the burning
of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths
facility in Taunton, Massachusetts for a period of up to 30 months,
commencing on March 23, 1984.
(62) A revision submitted on November 16, 1983 allowing the burning
of 2.2% sulfur content fuel oil at the ATF Davidson Company in
Northbridge, Massachusetts.
(63) A revision submitted on February 2, 1984, allowing the burning
of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in
Chelsea, Massachusetts for a period of up to 30 months, commencing on
June 15, 1984.
(64) A revision to the Ozone Attainment Plan was submitted by S.
Russell Sylva, Commissioner of the Massachusetts Department of
Environmental Quality Engineering on February 14, and May 22, 1985 to
control emissions from gasoline tank trucks and bulk terminal vapor
recovery systems.
(i) Incorporation by reference.
(A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d),
``Motor Vehicle Fuel Tank Trucks'', adopted December 1984.
(B) The May 22, 1985 letter from Massachusetts DEQE, and the
enforcement manual submitted and adopted on May 22, 1985, including
Method 27, record form, potential leak points, major tank truck leak
sources, test procedure for gasoline vapor leak detection procedure by
combustible gas detector, instruction manual for Sentox 2 and Notice of
Violation.
(65) A temporary variance to 310 CMR 7.05(1)(d)2 of ``Sulfur Content
of Fuels and Control Thereof for Metropolitan Boston Air Pollution
Control District'' submitted on January 6, 1984 to allow for the use of
2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison
Company Mystic Station facility in Everett for thirty months commencing
on September 25, 1984.
(66) Attainment and maintenance plans for lead, submitted on July 13
and August 17, 1984 by the Department of Environmental Quality
Engineering.
(67) A revision submitted on July 11, 1984 allowing the burning of
2.2% sulfur content fuel oil at the James River Corporation Hyde Park
Mill facility in Boston, Massachusetts for a period of up to 30 months,
commencing on September 25, 1984.
(68) A revision submitted on February 8 and October 23, 1985
allowing the burning of 2.2% sulfur content fuel oil at the Phillips
Academy facility in Andover, Massachusetts for a period of up to 30
months, commencing on April 1, 1986.
(i) Incorporation by reference.
(A) Letter from Richard J. Chalpin, Acting Regional Engineer, to
Phillips Academy, dated December 27, 1984 allowing the temporary use of
less expensive 2.2% sulfur fuel oil (for 30 months from the date of
publication), the savings from which will be used to implement permanent
energy conservation measures to reduce on-site consumption of petroleum
products by at least 50,000 gallons per year (estimated 82,000 gallons
per year). At the end of the
[[Page 115]]
temporary use period, Phillips Academy will return to the use of 1.0%
sulfur fuel oil. The particulate emission rate for the facility will not
exceed 0.15 lbs. per million Btu.
(B) These specific requirements of Regulation 310 CMR 7.19 were
agreed to in a Statement of Agreement, signed February 19, 1985.
(C) Memorandum to Donald C. Squires from Bruce K. Maillet dated
October 4, 1985; subject: Response to EPA questions regarding Phillips
Academy, outlines the permanent energy conservation measures to be used.
(69) Revisions to federally approved regulations 310 CMR 7.02(2)(b)
and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986
and February 11, 1986 by the Department of Environmental Quality
Engineering.
(i) Incorporation by reference.
(A) Regulation 310 CMR 7.02(2)(b), Department of Environmental
Quality Engineering, Air Pollution Control, is corrected to include the
word ``major'' before the word ``modification''.
(B) Regulation 310 CMR 7.05(4), Department of Environmental Quality
Engineering, Air Pollution Control, Ash Content of Fuels.
(ii) Additional materials.
(A) The nonregulatory portions of the state submittals.
(70) A revision submitted on February 19, 1986 allowing the burning
of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary
Ellen McCormick and Maverick Family Development facilities in Boston,
Massachusetts for a period of up to 30 months, commencing on August 12,
1986.
(i) Incorporation by reference.
(A) Letters dated August 30, 1985 and July 11, 1985 for the Mary
Ellen McCormick and Maverick Family Development Facilities,
respectively, from Richard J. Chalpin, Acting Regional Engineer,
allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30
months from August 12, 1986, the savings from which will be used to
implement permanent energy conservation measures to reduce the on-site
consumption of the petroleum products. At the end of the temporary use
period, the Boston Housing Authority, Mary Ellen McCormick and Maverick
Family Development facilities will return to the use of 0.5% sulfur fuel
oil. The particulate emission rate for these facilities will not exceed
0.12 lbs per million BTU.
(B) Statements of Agreement both signed October 28, 1985 by Doris
Bunte, Administrator of Boston Housing Authority.
(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated
January 9, 1986, subject: Decision Memo.
(71) A revision submitted on May 12, 1986 allowing the burning of
2.2% sulfur content fuel oil at the Boston Housing Authority, Mission
Hill Extension Family Development facility in Boston, Massachusetts for
a period of up to 30 months, commencing on November 25, 1986.
(i) Incorporation by reference.
(A) Letter dated March 5, 1986 for the Mission Hill Extension Family
Development facility, from Richard J. Chalpin, Acting Regional Engineer,
allowing the temporary use of less expensive 2.2% sulfur fuel oil (for
30 months from the date of publication), the savings from which will be
used to implement permanent energy conservation measures to reduce the
on-site consumption of petroleum products. At the end of the temporary
use period, the Boston Housing Authority, Mission Hill Extension Family
Development facility will return to the use of 0.5% sulfur fuel oil. The
particulate emission rate for this facility will not exceed 0.12 lbs per
million Btu.
(B) Statements of Agreement signed April 4, 1986 by Doris Bunte,
Administrator of Boston Housing Authority.
(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April
18, 1986, subject: Decision Memo.
(72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6;
7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986
and January 15, 1987, by the Department of Environmental Quality
Engineering (DEQE).
(i) Incorporation by reference.
(A) Regulation 310 CMR 7.02(2)(b) 4, 5, and 6 are amended and became
effective on February 6, 1987.
(B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective
on February 6, 1987.
[[Page 116]]
(C) Regulation 310 CMR 7.02(12)(d) is amended and became effective
on February 6, 1987.
(D) Regulations 310 CMR 7.14 (2) and (3) are added and became
effective on February 6, 1987.
(E) The Commonwealth of Massachusetts Regulation Filing document
dated January 15, 1987 is provided and states that these regulatory
changes became effective on February 6, 1987.
(ii) Additional materials. The nonregulatory portions of the state
submittals.
(73) Revisions to the State Implementation Plan submitted by the
Commonwealth of Massachusetts on February 21, February 25, and June 23,
1986.
(i) Incorporation by reference.
(A) A letter from the Commonwealth of Massachusetts Department of
Environmental Quality Engineering dated February 21, 1986 and amendments
to 310 CMR 7.00 and 310 CMR 7.18 of the Regulations for the control of
Air Pollution in the Berkshire, Central Massachusetts, Merrimack Valley,
Metropolitan Boston, Pioneer Valley and Southeastern Massachusetts Air
Pollution Control Districts.
(B) A letter from the Commonwealth of Massachusetts Department of
Environmental Quality Engineering (DEQE), dated June 23, 1986 and the
Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin
Manufacturing, dated February 1986.
(C) A Regulation Filing and Publication document from the
Commonwealth of Massachusetts Department of Environmental Quality
Engineering, dated February 25, 1986.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittals.
(74) Revisions to the State Implementation Plan were submitted by
the Commissioner of the Department of Environmental Quality Engineering
on November 5, 1986 and December 10, 1986.
(i) Incorporation by reference.
(A) Letter dated November 5, 1986 from the Massachusetts Department
of Environmental Quality Engineering (DEQE) submitting revisions to the
State Implementation Plan for EPA approval.
(B) Letter from the Massachusetts DEQE dated December 10, 1986,
which states that the effective date of Regulations 310 CMR 7.00,
``Definitions'' and 310 CMR 7.18(19), ``Synthetic Organic Chemical
Manufacture,'' is November 28, 1986.
(C) Massachusetts' Regulation 310 CMR 7.18(19) entitled, ``Synthetic
Organic Chemical Manufacture,'' and amendments to 310 CMR 7.00,
``Definitions,'' effective in the Commonwealth of Massachusetts on
November 28, 1986.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(75) [Reserved]
(76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17)
submitted by the Department of Environmental Quality Engineering on
September 20, 1988.
(i) Incorporation by reference.
(A) Amendment to Regulation 310 CMR 7.18(2)(e)--effective July 22,
1988.
(B) Amendments to Regulation 310 CMR 7.18(17)(d)--effective July 22,
1988.
(C) A Regulation Filing and Publication document from the
Commonwealth of Massachusetts Department of Environmental Quality
Engineering dated July 5, 1988 which states that the effective date of
the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d),
incorporated above, is July 22, 1988.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(77) Revisions to federally approved regulation 310 CMR 7.05(1)
submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November
25, 1987 by the Department of Environmental Quality Engineering
approving sulfur-in-fuel limitations for the following sources: American
Fiber and finishing Company (formerly known as Kendall Company),
Colrain; Erving Paper company, Erving; and Westfield River Paper
Company, Russell.
(i) Incorporation by reference.
(A) Letters dated October 14, 1987 for the American Fiber and
Finishing Company, Erving Paper Company, and Westfield River Paper
Company facilities from Stephen F. Joyce, Deputy Regional Environmental
Engineer, Department of Environmental Quality Engineering.
[[Page 117]]
(B) Statements of agreement signed November 6, 1987 by Schuyler D.
Bush, Vice President of Erving Paper Company; 1987 by Francis J.
Fitzpatrick, President of Westfield River Paper Company; and November
16, 1987 by Robert Young, Vice President of American Fiber and Finishing
Company.
(78) Revisions to federally approved regulation 310 CMR 7.02(12)
submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by
the Department of Environmental Quality Engineering, limiting the
volatility of gasoline from May 1 through September 15, beginning 1989
and continuing every year thereafter, including any waivers to such
limitations that Massachusetts may grant. In 1989, the control period
will begin on June 30.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled,
``gasoline Reid Vapor Pressure (RVP),'' and amendments to 310 CMR 7.00,
``Definitions,'' effective in the Commonwealth of Massachusetts on May
11, 1988.
(B) Massachusetts Emergency Regulation Amendment to 310 CMR
7.02(12)(e) 2.b entitled ``gasoline Reid Vapor Pressure'' effective in
the Commonwealth of Massachusetts on April 11, 1989, with excerpt from
the Manual for Promulgating Regulations, Office of the Secretary of
State.
(79) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 4, 1988
and July 16, 1989 which define and impose reasonably available control
technology to control volatile organic compound emissions from Monsanto
Chemical Company in Indian Orchard, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A final RACT Compliance Plan Conditional Approval issued to
Monsanto Chemical Company by the Massachusetts Department of
Environmental Protection, dated and effective June 20, 1989.
(ii) Additional materials.
(A) Nonregulatory portions of the state submittal.
(80) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 18, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amendments to the Conditional Plan Approval dated and effective
July 12, 1989 and the Conditional Plan Approval dated and effective
October 7, 1985 imposing reasonably available control technology on
Spalding Sports Worldwide in Chicopee, Massachusetts.
(81) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Quality Engineering on July
18, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Quality Engineering dated July 18, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) RACT Approval Addendum for Cranston Print Works Company, Webster
Division Facility in Webster, Massachusetts dated and effective June 20,
1989.
(ii) Additional materials. Nonregulatory portions of the State
submittal.
(82) Revision to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection August 8, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 8, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amended Conditional Plan Approval (SM-85-168-IF) dated and
effective August 1, 1989 and an Amendment to the Amended Conditional
Plan Approval (SM-85-168-IF Revision) dated and effective August 8, 1989
imposing reasonably available control technology on Duro Textile
Printers, Incorporated in Fall River, Massachusetts.
(83) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental
[[Page 118]]
Protection on August 24, 1989 and October 16, 1989 regulating gasoline
volatility.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated October 16, 1989 and a revision to the Massachusetts
State Implementation Plan containing revised Massachusetts gasoline Reid
Vapor Pressure regulation 310 CMR 7.24(5)(b)2, effective September 15,
1989.
(84) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 27, 1982,
June 22, 1987, and December 27, 1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 27, 1982, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Amendments to 310 CMR 7.00, ``Definitions'' effective in the
Commonwealth of Massachusetts on June 18, 1982 which add the definitions
of the terms ``stationary source'' and ``building, structure, facility,
or installation.''
(ii)Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 22, 1987 certifying that it did not rely on a dual
definition in its attainment demonstration.
(B) Letter from the Massachusetts Department of Environmental
Protection dated December 27, 1989 submitting additional assurances that
it is making reasonable efforts to develop a complete and approve SIP.
(C) Nonregulatory portions of the submittal.
(85) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 28,
1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 28, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A Plan Approval 4P89005 Correction dated and effective November
17, 1989 and the Amended Plan Approval, 4P89005 dated and effective
October 19, 1989 imposing reasonably available control technology on
Boston Whaler Inc., in Norwell, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(86) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 28,
1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 28, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A Plan Approval 4P89006 Correction dated and effective November
17, 1989 and the Amended Plan Approval (4P89006) dated and effective
October 19, 1989 imposing reasonably available control technology on
Boston Whaler Inc. in Rockland, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(87) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 20,
1989.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 20, 1989 submitting a revision to the
Massachusetts State Implementation Plan.
(B) 2nd Amendment to the Final Approval/RACT Approval for the
Philips Lighting Company dated November 2, 1989.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(88) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 13, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 13, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) An Amended Plan Approval dated and effective June 1, 1990
imposing reasonably available control technology on Acushnet Company,
Titleist Golf Division, Plant A in New Bedford, Massachusetts.
(ii) Additional materials.
[[Page 119]]
(A) Nonregulatory portions of the State submittal.
(89) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 9, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 9, 1990 submitting a revision to the Massachusetts
State Implementation Plan.
(B) An Amended Plan Approval dated and effective June 8, 1990
imposing reasonably available control technology on General Motors
Corporation in Framingham, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the State submittal.
(90) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on October 25, 1990
which define and impose RACT to control volatile organic compound
emissions from Erving Paper Mills in Erving, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated October 25, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A conditional final plan approval issued by the Massachusetts
Department of Environmental Protection to Erving Paper Mills dated and
effective October 16, 1990.
(91) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on April 22, 1991
which clarify the requirements of RACT to control volatile organic
compound emissions from Erving Paper Mills in Erving, Massachusetts.
(i)Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated April 22, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) A conditional final plan approval amendment issued by the
Massachusetts Department of Environmental Protection to Erving Paper
Mills dated and effective April 16, 1991. This amended conditional plan
approval amends the October 16, 1990 conditional plan approval
incorporated at paragraph (c)(90) of this section.
(92) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 17, 1989,
June 7, 1991 and December 17, 1991.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated August 17, 1989 and June 7, 1991 submitting a revision
to the Massachusetts State Implementation Plan.
(B) Portions of regulation 310 CMR 7.18(7) for automobile surface
coating as submitted on August 17, 1989 effective in the Commonwealth of
Massachusetts on September 15, 1989.
(C) Portions of regulation 310 CMR 7.18(7) for automobile surface
coating as submitted on June 7, 1991 effective in the Commonwealth of
Massachusetts on June 21, 1991.
(ii) Additional materials.
(A) A letter dated December 17, 1991 from the Massachusetts
Department of Environmental Protection withdrawing the emission limit
for the Primer-surfacer application from the June 7, 1991 submittal.
(B) Nonregulatory portions of state submittal.
(93) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 27, 1982,
June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7,
1991 and December 17, 1991.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and
June 7, 1991, submitting revisions to the Massachusetts State
Implementation Plan.
(B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and
effective on September 16, 1982.
(C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985
and effective on September 30, 1984.
(D) Amendments to portions of 310 CMR 7.00 submitted on August 17,
1989 and effective September 15, 1989.
(E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991
and effective on April 12, 1991.
[[Page 120]]
(F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991
and effective on June 21, 1991.
(ii) Additional materials.
(A) A letter from the Massachusetts Department of Environmental
Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00:
Appendix B.
(B) A letter from the Massachusetts Department of Environmental
Quality Engineering dated March 6, 1985 submitting additional
information on 310 CMR 7.00: Appendix B and referencing 310 CMR
7.18(2)(b).
(C) A letter dated December 17, 1991 from the Massachusetts
Department of Environmental Protection withdrawing the emission limit
for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June
7, 1991 submittal.
(D) Nonregulatory portions of state submittal.
(94) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 4, 1989,
December 6, 1989 and March 23, 1990.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 4, 1989, December 6, 1989 and March 23, 1990
submitting a revision to the Massachusetts State Implementation Plan.
(B) Massachusetts' Air Pollution Control Regulations 310 CMR 7.30
(excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, ``MB
Massport/Logan Airport Parking Freeze'' and ``MB City of Boston/East
Boston Parking Freeze'' respectively, effective in the State of
Massachusetts on 11/24/89, and technical amendments to that regulation
submitted by the Massachusetts Department of Environmental Protection on
March 23, 1990, effective 3/30/90.
(ii) Additional materials.
(A) Appendix 5D, Baseline and Future Case CO Compliance Modeling,
dated June 1986.
(B) Policy Statement Regarding the Proposed Amendment to the Logan
Airport Parking Freeze, dated November 14, 1988.
(95) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection of May 15, 1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated May 15, 1992 submitting a revision to the Massachusetts
State Implementation Plan.
(B) Final Plan Approval No. 4P89051, dated and effective May 13,
1991 imposing reasonably available control technology on Dartmouth
Finishing Corporation, New Bedford, Massachusetts.
(96) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 30,
1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated January 30, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution
Control District,'' and amendment to 310 CMR 7.00, entitled
``Definitions,'' effective in the Commonwealth of Massachusetts on
January 18, 1991.
(97) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on May 17, 1990,
July 5, 1990, June 7, 1991, and April 21, 1992.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection, dated May 17, 1990 and June 7, 1991, submitting a revision
to the Massachusetts State Implementation Plan.
(B) Definition of ``motor vehicle fuel,'' ``motor vehicle fuel
dispensing facility,'' ``substantial modification,'' and ``vapor
collection and control system,'' added to 310 CMR 7.00 and effective in
the Commonwealth of Massachusetts on October 27, 1989.
(C) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the Commonwealth of Massachusetts on October 27, 1989.
(D) Amendments to 310 CMR 7.24(6)(b) ``Dispensing of Motor Vehicle
Fuel'' and to the definition of ``substantial modification'' in 310 CMR
7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.
[[Page 121]]
(E) Amendment to the definition of ``motor vehicle fuel dispensing
facility'' in 310 CMR 7.00, effective in the Commonwealth of
Massachusetts on April 12, 1991.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated July 5, 1990, requesting the withdrawal of amendments
to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in
Berkshire County from the SIP revision package submitted on May 17,
1990.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated April 21, 1992, submitting an implementation policy
statement regarding its Stage II program. This policy statement
addresses the installation of California Air Resources Board (CARB)
certified systems, Stage II testing procedures, and defects in State II
equipment.
(C) Nonregulatory portions of the submittal.
(98) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 13,
1992, January 15, 1993, and February 17, 1993.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated November 13, 1992, January 15, 1993, and February 17,
1993, submitting a revision to the Massachusetts State Implementation
Plan.
(B) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the State of Massachusetts on February 12, 1993.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(99) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 3, 1990
and August 26, 1992 which define and impose reasonably available control
technology to control volatile organic compound emissions from S. Bent &
Brothers in Gardner, Massachusetts.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated August 26, 1992 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Air Quality Approval RACT issued to S. Bent by the
Massachusetts Department of Environmental Protection dated and effective
May 22, 1992.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated November 3, 1990 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Air Quality Approval RACT issued to S. Bent by the
Massachusetts Department of Environmental Protection dated and effective
October 17, 1990.
(C) Nonregulatory portions of the November 3, 1990 and August 26,
1992 state submittals.
(100) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 19, 1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 19, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Plan approval no. C-P-93-011, effective June 30, 1993, which
contains emissions standards, operating conditions, and recordkeeping
requirements applicable to Nichols & Stone Company in Gardner,
Massachusetts.
(ii) Additional materials.
(A) Letter dated October 27, 1993 from Massachusetts Department of
Environmental Protection submitting certification of a public hearing.
(101) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 9,
1991.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 9, 1991 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Regulation 310 CMR 7.36, entitled ``Transit System
Improvements'', Massachusetts Regulation 310 CMR 7.37, entitled ``High
Occupancy Vehicle Facilities'', and amendments to 310 CMR 7.00, entitled
[[Page 122]]
``Definitions,'' effective in the Commonwealth of Massachusetts on
December 6, 1991.
(102) [Reserved]
(103) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on November 15,
1993 and May 11, 1994, substituting the California Low Emission Vehicle
program for the Clean Fuel Fleet program.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated November 15, 1993 and May 11, 1994, submitting a
revision to the Massachusetts State Implementation Plan which
substitutes the California Low Emission Vehicle program for the Clean
Fuel Fleet program.
(B) A regulation dated and effective January 31, 1992, entitled ``U
Low Emission Vehicle Program'', 310 CMR 7.40.
(C) Additional definitions to 310 CMR 7.00 ``Definitions'' (dated
and effective 1/31/92) to carry out the requirements set forth in 310
CMR 7.40.
(ii) Additional materials.
(A) Additional nonregulatory portions of the submittal.
(104) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 31, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 31, 1994 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Final Plan Approval No. 4P92012, dated and effective March 16,
1994 imposing reasonably available control technology on Brittany Dyeing
and Finishing of New Bedford, Massachusetts.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(105) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 6, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated June 6, 1994 submitting a revision to the Massachusetts
State Implementation Plan.
(B) 310 CMR 7.02(12) ``U Restricted Emission Status'' effective in
the Commonwealth of Massachusetts on February 25, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(106) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 28, 1990,
September 30, 1992, and July 15, 1994.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated June 28, 1990, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated September 30, 1992, submitting a revision to the
Massachusetts State Implementation Plan.
(C) Letter from the Massachusetts Department of Environmental
Protection, dated July 15, 1994, submitting a revision to the
Massachusetts State Implementation Plan.
(D) Regulation 310 CMR 7.12 entitled ``Inspection Certification
Record Keeping and Reporting'' which became effective on July 1, 1994.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated December 30, 1994, assuring EPA that the data elements
noted in EPA's December 13, 1994 letter were being incorporated into the
source registration forms used by Massachusetts emission statement
program.
(ii) Additional materials.
(A) Nonregulatory portions of submittal.
(107) Massachusetts submitted the Oxygenated Gasoline Program on
October 29, 1993. This submittal satisfies the requirements of section
211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Letter dated October 29, 1993 which included the oxygenated
gasoline program, amendments to the Massachusetts Air Pollution Control
Regulations, 310 CMR 7.00, with an effective
[[Page 123]]
date of March 1, 1994, requesting that the submittal be approved and
adopted as part of Massachusetts' SIP.
(ii) Additional materials.
(A) The Technical Support Document for the Redesignation of the
Boston Area as Attainment for Carbon Monoxide submitted on December 12,
1994.
(108) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 9, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated January 9, 1995 submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on November
18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best
Available Controls for Consumer and Commercial Products.
(109) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 9, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated January 9, 1995, submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on December
16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28)
Automotive Refinishing.
(110) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 29, 1995.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 29, 1995 submitting a revision to the
Massachusetts State Implementation Plan.
(B) The following portions of the Rules Governing the Control of Air
Pollution for the Commonwealth of Massachusetts effective on January 27,
1995: 310 Code of Massachusetts Regulations Section 7.18(29), Bakeries.
(111) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 30, 1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 30, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33,
entitled ``City of Boston/South Boston Parking Freeze,'' and the
following amendments to 310 CMR 7.00, entitled ``Definitions,'' which
consist of adding or amending four definitions; motor vehicle parking
space; off-peak parking spaces; remote parking spaces; and restricted
use parking, effective in the Commonwealth of Massachusetts on April 9,
1993.
(112) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 9,
1994, and April 14, 1995, concerning emissions banking, trading, and
averaging.
(i) Incorporation by reference.
(A) Letters from the Massachusetts Department of Environmental
Protection dated February 9, 1994, and March 29, 1995, submitting
revisions to the Massachusetts State Implementation Plan.
(B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix
B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix
B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1,
1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00
Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR
7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995.
(ii) Additional materials.
(A) Letter and attachments from the Massachusetts Department of
Environmental Protection dated February 8, 1996, submitting supplemental
information concerning the demonstration of balance between credit
creation and credit use.
(113) A revision to the Massachusetts SIP regarding ozone
monitoring. The Commonwealth of Massachusetts will
[[Page 124]]
modify its SLAMS and its NAMS monitoring systems to include a PAMS
network design and establish monitoring sites. The Commonwealth's SIP
revision satisfies 40 CFR 58.20(f) PAMS requirements.
(i) Incorporation by reference.
(A) Massachusetts PAMS Network Plan, which incorporates PAMS into
the ambient air quality monitoring network of State or Local Air
Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).
(ii) Additional material.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 30, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(114) The Commonwealth of Massachusetts' March 27, 1996 submittal
for an enhanced motor vehicle inspection and maintenance (I/M) program,
as amended on June 27, 1996 and July 29, 1996, and November 1, 1996, is
conditionally approved based on certain contingencies, for an interim
period to last eighteen months. If the Commonwealth fails to start its
program according to schedule, or by November 15, 1997 at the latest,
this conditional approval will convert to a disapproval after EPA sends
a letter to the state. If the Commonwealth fails to satisfy the
following conditions within 12 months of this rulemaking, this
conditional approval will automatically convert to a disapproval as
explained under section 110(k) of the Clean Air Act.
(i) The conditions for approvability are as follows:
(A) The time extension program as described and committed to in the
March 3, 1997 letter from Massachusetts must be further defined and
submitted to EPA as a SIP revision by no later than one year after the
effective date of this interim approval. Another program which meets the
requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic
Inspection) and provides for no more than a 1% waiver rate would also be
approvable.
(B) Other major deficiencies as described in the proposal must also
be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), 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.
[[Page 125]]
(iii) EPA is also approving this SIP revision under section 110(k),
for its strengthening effect on the plan.
(115) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on October 17, 1997
and July 30, 1996.
(i) Incorporation by reference.
(A) 310 CMR 7.24(8) ``Marine Volatile Organic Liquid Transfer''
effective in the Commonwealth of Massachusetts on October 5, 1997.
(B) Definition of ``volatile organic compound'' in 310 CMR 7.00
``Definitions'' effective in the Commonwealth of Massachusetts on June
28, 1996.
(C) Definition of ``waterproofing sealer'' in 310 CMR 7.25 ``Best
Available Controls for Consumer and Commercial Products'' effective in
the Commonwealth of Massachusetts on June 28, 1996.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(116) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on August 9, 2000,
September 11, 2000 and July 25, 1995.
(i) Incorporation by reference.
(A) 310 CMR 7.24(6) ``Dispensing of Motor Vehicle Fuel,'' effective
in the Commonwealth of Massachusetts on September 29, 2000.
(B) 310 CMR 7.00 definitions of the following terms associated with
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on
September 29, 2000: ``commence operation''; ``emergency situation'';
``executive order''; ``Stage II system''; ``substantial modification'';
``vacuum assist system''; and ``vapor balance system.''
(C) 310 CMR 7.00 definitions of the following terms associated with
310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on
June 30, 1995: ``emergency motor vehicle;'' and ``tank truck.''
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(117) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on February 17,
1993.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated February 17, 1993 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint
spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 310
CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal
Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal
parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17),
Reasonable available control technology (as it applies to the
Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission
control plans for implementation of reasonably available control
technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR
7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products
surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating;
310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26),
Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR
7.24(3), Distribution of motor vehicle fuel all effective on February
12, 1993.
(118) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 19,
1997.
(i) Incorporation by reference.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 19, 1997 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Regulation 310 CMR 7.27, NOX Allowance Program,
effective on June 27, 1997.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated March 9, 1998 clarifying the program implementation
process.
(119) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 15, 1994,
October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999.
(i) Incorporation by reference.
[[Page 126]]
(A) Letters from the Massachusetts Department of Environmental
Protection dated July 15, 1994, October 4, 1996, December 2, 1996,
January 11, 1999, and April 16, 1999 submitting revisions to the
Massachusetts State Implementation Plan.
(B) Regulation, 310 CMR 7.19, ``Reasonably Available Control
Technology (RACT) for Sources of Oxides of Nitrogen (NOX)''
as adopted by the Commonwealth of Massachusetts on June 29, 1994 and
effective on July 1, 1994.
(C) Emission Control Plan for Specialty Minerals, Incorporated, in
Adams, issued by Massachusetts and effective on June 16, 1995.
(D) Emission Control Plan for Monsanto Company's Indian Orchard
facility in Springfield, issued by Massachusetts and effective on
October 28, 1996.
(E) Emission Control Plan for Turners Falls Limited Partnership/
Indeck Energy Services Turners Falls, Inc., in Montague, issued by
Massachusetts and effective on March 10, 1998.
(F) Emission Control Plan for Medusa Minerals Company in Lee, issued
by Massachusetts and effective on April 17, 1998.
(G) Regulation 310 CMR 7.08(2), ``Municipal Waste Combustors,
adopted on July 24, 1998 and effective on August 21, 1998, excluding the
following sections which were not submitted as part of the SIP revision:
(a); the definition of ``Material Separation Plan'' in (c); (d)1; (d)2;
(d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2;
(g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4;
(h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c;
(i)2.d; (i)2.e; and (k)3.
(H) Amendments to regulation 310 CMR 7.19, ``Reasonably Available
Control Technology (RACT) for Sources of Oxides of Nitrogen
(NOX)'' as adopted by the Commonwealth of Massachusetts on
January 5, 1999 and effective on January 22, 1999.
(120) 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.
[[Page 127]]
(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.
(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.
[[Page 128]]
(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.
(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).
(133) [Reserved]
(134) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on July 12, 2006.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.38, entitled ``Certification
of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution
Control District,'' effective in the Commonwealth of Massachusetts on
December 30, 2005.
(B) Massachusetts Regulation Filing, dated December 13, 2005,
amending 310 CMR 7.38 entitled ``Certification of Tunnel Ventilation
Systems in the Metropolitan Boston Air Pollution Control District.''
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated July 12, 2006, submitting a revision to the
Massachusetts State Implementation Plan.
(135) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on March 30, 2007.
(i) Incorporation by reference.
(A) 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule
(Mass CAIR),'' effective in the Commonwealth of Massachusetts on May 4,
2007.
(B) Amendments to 310 CMR 7.28 entitled ``NOX Allowance
Trading Program,'' effective in the Commonwealth of Massachusetts on May
4, 2007.
(C) Massachusetts Regulation Filing, dated April 19, 2007, amending
310 CMR 7.28 entitled ``NOX Allowance Trading Program,'' and
adopting 310 CMR 7.32 entitled ``Massachusetts Clean Air Interstate Rule
(Mass CAIR).''
(136) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on December 13,
2006 and June 1, 2007.
(i) Incorporation by reference.
(A) Massachusetts Regulation 310 CMR 7.00 entitled ``Definitions,''
adding the definition for the term ``Boston Metropolitan Planning
Organization,'' effective in the Commonwealth of Massachusetts on
December 1, 2006.
[[Page 129]]
(B) Massachusetts Regulation 310 CMR 7.36 entitled ``Transit System
Improvements,'' effective in the Commonwealth of Massachusetts on
December 1, 2006.
(C) Massachusetts Regulation Filing, dated November 16, 2006,
substantiating December 1, 2006, State effective date for amended 310
CMR 7.00 entitled ``Definition,'' (addition of term ``Boston
Metropolitan Planning Organization,'' which appears on the replaced page
173 of the State's Code of Massachusetts Regulations,) and 310 CMR 7.36
entitled ``Transit System Improvements.''
(ii) Additional Materials.
(A) Letter from the Massachusetts Department of Environmental
Protection dated December 13, 2006 submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection dated June 1, 2007 submitting a revision to the Massachusetts
State Implementation Plan.
(C) Letter from the Massachusetts Executive Office of Transportation
dated September 4, 2007 identifying its commitment to the Green Line
extension and to make every effort to accelerate the planning, design
and environmental review and permitting of the project in order to work
towards the 2014 completion date.
(D) Letter from the Chair of the Boston Region Metropolitan Planning
Organization dated May 1, 2008 concurring in the finding that the
transit system improvements projects will achieve emission benefits
equivalent to or greater than the benefits from the original transit
system improvements projects being replaced.
(E) Letter from EPA New England Regional Administrator dated July 5,
2008 concurring in the finding that the transit system improvements
projects will achieve emission benefits equivalent to or greater than
the benefits from the original transit system improvements projects
being replaced.
(137) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on June 1, 2009 and
November 30, 2009.
(i) Incorporation by reference.
(A) Regulation 310 CMR 60.02 entitled ``Massachusetts Motor Vehicle
Emissions Inspection and Maintenance Program,'' effective in the
Commonwealth of Massachusetts on September 5, 2008, with the exception
of subsection 310 CMR 60.02(24)(f).
(B) Regulation 540 CMR 4.00 entitled ``Annual Safety and Combined
Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-
trailers and Converter Dollies,'' effective in the Commonwealth of
Massachusetts on September 5, 2008.
(ii) Additional materials.
(A) Letter from the Massachusetts Department of Environmental
Protection, dated June 1, 2009, submitting a revision to the
Massachusetts State Implementation Plan.
(B) Letter from the Massachusetts Department of Environmental
Protection, dated November 30, 2009, amending the June 1, 2009 State
Implementation Plan submittal.
(C) Massachusetts June 1, 2009 SIP Revision Table of Contents Item
7, ``Documentation of IM SIP Revision consistent with 42 USC Section
7511a and Section 182(c)(3)(A) of the Clean Air Act.''
[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 at www.fdsys.gov.
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
[[Page 130]]
Hartford-New Haven-Springfield Interstate................. I I III I I
Berkshire Intrastate...................................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10872, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 61303, Sept. 16, 1980]
Sec. 52.1122 [Reserved]
Sec. 52.1123 Approval status.
(a) With the exceptions set forth in this subpart the Administrator
approves the Massachusetts plan as identified in Sec. 52.1120 for
attainment and maintenance of the national standards under section 110
of the Clean Air Act. Furthermore, the Administrator finds that the plan
identified in Sec. 52.1120 satisfies all requirements of Part D, Title
I of the Clean Air Act as amended in 1977, except as noted below. In
addition, continued satisfaction of the requirements of Part D of the
ozone portion of the SIP depends on the adoption and submittal of RACT
requirements by July 1, 1980 for the sources covered by CTGs issued
between January 1978 and January 1979 and adoption and submittal by each
subsequent January of additional RACT requirements for sourceovered by
CTGs issued by the previous January.
(b) The above requirements for continued satisfaction of Part D are
fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative
commitment to review CTG IIIs issued in the future. Both were submitted
on September 9, 1982. Additionally, each individual RACT determination
made under 310 CMR 7.18(17) will be submitted as a SIP revision to
incorporate the limitation into the SIP, and DEQE will propose
regulations for CTG III category controls if the controls are
appropriate for the State.
[45 FR 61303, Sept. 16, 1980, as amended at 48 FR 51485, Nov. 9, 1983]
Sec. 52.1124 Review of new sources and modifications.
(a) Revisions to Regulation 310 CMR 7.02(2)(d) submitted on March
30, 1979 are disapproved because they do not satisfy the requirements of
Sec. 51.161.
[39 FR 7281, Feb. 25, 1974, as amended at 40 FR 47495, Oct. 9, 1975; 45
FR 2043, Jan. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33923, June 29,
1995]
Sec. 52.1125 Emission inventories.
(a) The Governor's designee for the Commonwealth of Massachusetts
submitted the 1990 base year emission inventories for the Springfield
nonattainment area and the Massachusetts portion of the Boston-Lawrence-
Worcester ozone nonattainment area on November 13, 1992 as a revision to
the State Implementation Plan (SIP). Revisions to the inventories were
submitted on November 15, 1993, and November 15, 1994, and March 31,
1997. The 1990 base year emission inventory requirement of section
182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied
for these areas.
(b) The inventories are for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventories
covers point, area, non-road mobile, on-road mobile, and biogenic
sources.
(c) Taken together, the Springfield nonattainment area and the
Massachusetts portion of the Boston-Lawrence-Worcester nonattainment
area encompass the entire geographic area of the State. Both areas are
classified as serious ozone nonattainment areas.
(d) The state of Massachusetts submitted base year emission
inventories representing emissions for calendar year 2002 from the
Boston-Lawrence-Worcester moderate 8-hour ozone nonattainment area and
the Springfield moderate 8-hour ozone nonattainment area on January 31,
2008 as revisions to the State's SIP. The 2002 base year emission
inventory requirement of section 182(a)(1) of the Clean Air Act, as
amended in 1990, has been satisfied for
[[Page 131]]
these areas. The inventories consist of emission estimates of volatile
organic compounds and nitrogen oxides, and cover point, area, non-road
mobile, on-road mobile and biogenic sources. The inventories were
submitted as revisions to the SIP in partial fulfillment of obligations
for nonattainment areas under EPA's 1997 8-hour ozone standard.
[62 FR 37514, July 14, 1997, as amended at 77 FR 50601, Aug. 22, 2012]
Sec. 52.1126 Control strategy: Sulfur oxides.
(a) The revisions to the control strategy resulting from the
modification to the emission limitations applicable to the sources
listed below or resulting from the change in the compliance date for
such sources with the applicable emission limitation is hereby approved.
All regulations cited are air pollution control regulations of the
State, unless otherwise noted. (See Sec. 52.1125 for compliance
schedule approvals and disapprovals pertaining to one or more of the
sources listed below.)
----------------------------------------------------------------------------------------------------------------
Regulation
Source Location involved Date of adoption
----------------------------------------------------------------------------------------------------------------
Deerfield Specialty Papers, Inc.......... Monroe Bridge............... 5.1.2 Oct. 17, 1972.
Hollingsworth & Vose Co.................. East Walpole................ 5.1.2 June 29, 1972.
Pepperell Paper Co....................... Pepperell................... 5.1.2 Nov. 29, 1972.
Stevens Paper Mills, Inc................. Westfield and South Hadley.. 5.1.2 July 27, 1972.
Tileston and Hollingsworth Co............ Hyde Park................... 5.1.1 Nov. 21, 1972.
All sources in Berkshire APCD............ ............................ 5.1.2 Do.
----------------------------------------------------------------------------------------------------------------
(b)(1) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Pioneer Valley Air Pollution Control District, which allows
a relaxation of sulfur in fuel limitations under certain conditions, is
approved for the following sources. All other sources remain subject to
the previously approved requirements of Regulation 7.05(1) which
stipulate that sources are required to burn residual fuel oil having a
sulfur content not in excess of 0.55 pounds per million Btu heat release
potential (approximately equivalent to 1 percent sulfur content.)
Deerfield Specialty Paper Company, Monroe Bridge; Amherst College,
Amherst; Brown Company, Holyoke; Monsanto Polymer and Petrochemical
Company, Building 21, Springfield; Monsanto Polymer and Petrochemical
Company, Building 49, Springfield; Mount Holyoke College, South Hadley;
Uniroyal Tire Inc., Chicopee; Smith College, Northampton; West
Springfield Generating Station, Western Massachusetts Electric, West
Springfield.
Pioneer Valley APCD
Belchertown State School, Belchertown
James River Graphics (formerly Scott Graphics), south Hadley
(conditioned upon operation of the boilers on only one of the two stacks
at any given time, and operation being so restricted in the source's
operating permit granted by the Massachusetts Department of
Environmental Quality Engineering.)
Massachusetts Mutual Life Insurance Company, Springfield.
Northampton State Hospital, Northampton.
Springfield Technical Community College, Springfield.
Stanley Home Products, Easthampton.
Stevens Elastomeric Industries, Easthampton.
Ware Industries, Ware.
Westfield State College, Westfield.
Westover Air Force Base (Building 1411), Chicopee.
University of Massachusetts, Amherst.
Mount Tom Generating Station, Holyoke.
(2) Massachusetts Regulation 310 CMR 7.05(1)(e)(3) for Pioneer
Valley, as submitted on March 2, 1979, and May 5, 1981, which allows
sources in Hampshire and Franklin Counties rated at less than 100
million Btu per hour heat input capacity to burn fuel oil having a
sulfur content of not more than 1.21 pounds per million Btu heat release
potential (approximately equivalent to 2.2% sulfur content) is approved
for all such sources with the exception of:
Strathmore Paper Co., Montague.
(c) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) which allows a relaxation of sulfur in fuel limitations for the
Central Massachusetts Air Pollution Control District, except in the City
of Worcester, is approved for the following sources. All other sources
remain subject to the previously approved requirements of Regulation
7.05(1) which stipulate that
[[Page 132]]
sources are required to burn residual fuel oil having a sulfur content
not in excess of 0.55 pounds per million BTU heat release potential
(approximately equivalent to 1 percent sulfur content fuel oil).
American Optical Company, Southbridge, Wyman Gordon Company, Grafton,
James River--Massachusetts Inc., Fitchburg, Fitchburg Paper Company,
Fitchburg (only boilers which emit through the 55 meter stack).
Central Massachusetts APCD
Borden, Inc., Chemical Division, Leominster (conditioned upon first
completing construction of new stack and certification of completion to
the EPA by the Massachusetts Department of Environmental Quality
Engineering.).
Gardner State Hospital, Gardner.
Grafton State Hospital, Grafton.
Haywood-Shuster Woolen, E. Douglas.
Cranston Prints Works, Webster.
Baldwinville products, Templeton--(conditioned upon first completing
construction of new stack, and certification of completion to the EPA by
the Massachusetts Department of Environmental Quality Engineering.).
(d) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Southeastern Massachusetts Air Pollution Control District,
which allows a relaxation of sulfur in fuel limitations under certain
conditions is approved for the following sources. All other sources
remain subject to the previously approved requirements of Regulation
7.05(1) which stipulate that sources are required to burn residual fuel
oil having a sulfur content not in excess of 0.55 pounds per million Btu
heat release potential (approximately equivalent to 1 percent sulfur
content.)
New England Power Company, Brayton Point Station, Somerset; Montaup
Electric Company, Somerset Station, Somerset (limited to 75% capacity
while burning higher sulfur fuels.) Canal Electric Company, Sandwich;
Taunton Municipal Lighting Plant, Somerset Avenue, Taunton.
Southeastern Massachusetts APCD
L&O Realty Trust, Taunton.
New Bedford Gas and Electric, New Bedford.
Texas Instruments, Attleboro.
Arkwright Finishing Incorporated, Fall River.
Foster Forbes Glass Company, Milford.
Owens Illinois Inc., Mansfield.
Harodite Finishing Corporation, Dighton--(conditioned upon prior removal
of rain-caps from stack, and certification of completion to the EPA by
the Massachusetts Department of Environmental Quality Engineering.)
Polaroid Corporation, New Bedford.
(e) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Merrimack Valley Air Pollution Control District, excluding
the City of Lawrence and the towns of Andover, Methuen, and North
Andover, which allows a relaxation of sulfur in fuel limitations under
certain conditions, is approved for the following sources. All other
sources remain subject to the previously approved requirements of
Regulation 7.05(1) which stipulates that sources are required to burn
residual fuel oil having a sulfur content not in excess of 0.55 pounds
per million Btu heat release potential (approximately equivalent to 1
percent sulfur content).
Hollingsworth and Vose, West Groton; James River Paper, Pepperell;
Haverhill Paperboard Corp., Haverhill. Residual oil burning facilities
less than 100 million Btu's per hour heat input capacity, except in the
City of Lawrence, and Towns of Andover, Methuen, and North Andover.
(f) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation
5.1) for the Metropolitan Boston Air Pollution Control District, which
allows a relaxation of sulfur in fuel limitations under certain
conditions, is approved for the following sources. All other sources
remain subject to the previously approved requirements of Regulation
7.05(1) which stipulate that sources in Arlington, Belmont, Boston,
Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Newton,
Somerville, Waltham, and Watertown (the Boston Core Area) are limited to
burn fuel with a sulfur content not in excess of 0.28 pounds per million
Btu heat release potential (approximately 0.5% sulfur content residual
oil; sources in the remaining APCD are limited to burn fuel with a
sulfur content not in excess of 0.55 pounds per million Btu heat release
potential (approximately 1% sulfur content residual oil).
Metropolitan Boston APCD
General Motors, Framingham.
[[Page 133]]
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, Bridgewater.
W. R. Grace, Acton.
Massachusetts Correctional Institute, Concord.
Danvers State Hospital, Danvers.
New England Power Company, Salem Harbor Station, Salem; Boston Edison, L
Street, New Boston Station, Boston; Boston Edison, Mystic Station,
Everett; Ventron Corporation, Danvers; General Electric, Lynn River
Works, Lynn; U.S.M. Corporation, Beverly; Medfield State Hospital,
Medfield; General Dynamics, Quincy; Hollingsworth and Vose, East
Walpole; Kendal Company, Walpole; Dennison Manufacturing Company,
Framingham.
Procter and Gamble Company, Quincy.
Natick Paperboard Corporation, Natick.
[38 FR 9089, Apr. 10, 1973]
Editorial Note: For Federal Register citations affecting Sec.
52.1126, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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
unclassifiable.
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 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
[[Page 134]]
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 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.
(e) Determination of Attainment for the One-Hour Ozone Standard.
Effective May 30, 2012, EPA is determining
[[Page 135]]
that the Springfield (Western Massachusetts) one-hour ozone
nonattainment area did not meet its applicable one-hour ozone attainment
date of December 31, 2003, based on 2001-2003 complete, quality-assured
ozone monitoring data. Separate from and independent of this
determination, EPA is determining that the Springfield (Western
Massachusetts) one-hour ozone nonattainment area met the one-hour ozone
standard, based on 2007-2009 complete, quality-assured ozone monitoring
data at all monitoring sites in the area. EPA's review of the ozone data
shows that the area began attaining the one-hour ozone standard during
the 2007-2009 monitoring period, and has continued attaining the one-
hour standard through the 2008-2010 and 2009-2011 monitoring periods.
(f) Determination of Attainment for the One-Hour Ozone Standard.
Effective June 28, 2012, EPA is determining that the Boston-Lawrence-
Worcester, MA-NH one-hour ozone nonattainment area met the one-hour
ozone standard, by the area's applicable attainment date of November 15,
2007, based on 2005-2007 complete, certified, quality-assured ozone
monitoring data at all monitoring sites in the area.
(g) Determination of Attainment. (1) Determination of Attainment by
Attainment Date; and
(2) Determination of Attainment. Effective June 28, 2012.
(i) Determination of Attainment by the Area's Attainment Date. EPA
is determining that the Boston-Lawrence-Worcester, MA eight-hour ozone
nonattainment area met the applicable June 15, 2010 attainment deadline
for the 1997 eight-hour ozone standard.
(ii) EPA is determining that the Boston-Lawrence-Worcester, MA
eight-hour ozone nonattainment area has attained the 1997 eight-hour
ozone standard. Under the provisions of EPA's ozone implementation rule
(see 40 CFR 51.918), this determination suspends 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 for
as long as the area continues to attain the 1997 eight-hour ozone
standard. If EPA determines, after notice-and comment rulemaking, that
the Boston-Lawrence-Worcester, MA area no longer meets the 1997 ozone
NAAQS, this determination shall be withdrawn.
(h) Determinations of Attainment: Effective July 19, 2012.
(1) Determination of Attainment. EPA is determining that the
Springfield (Western Massachusetts) 8-hour ozone nonattainment area has
attained the 1997 8-hour ozone standard. Under the provisions of EPA's
ozone implementation rule (see 40 CFR 51.918), this determination
suspends 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 for as long as the area continues to
attain the 1997 8-hour ozone standard. If EPA determines, after notice-
and comment rulemaking, that the Western Massachusetts area no longer
meets the 1997 ozone NAAQS, this determination shall be withdrawn.
(2) Determination of Attainment by the Area's Attainment Date. EPA
has determined that the Springfield (Western Massachusetts) 8-hour ozone
nonattainment area met the applicable June 15, 2010 attainment deadline
for the 1997 8-hour ozone standard.
(i) Revisions to the State Implementation Plan submitted by the
Massachusetts Department of Environmental Protection on January 31,
2008. These revisions are for the purpose of satisfying the rate of
progress requirement of section 182(b)(1) from 2002 through 2008, and
the contingency measure requirement of sections 172(c)(9) and of the
Clean Air Act, for the Boston-Lawrence-Worcester (E. MA) moderate 8-hour
ozone nonattainment area, and the Springfield (W. MA) moderate 8-hour
ozone nonattainment area. These revisions establish motor vehicle
emission budgets for 2008 of 68.30 tons per day of volatile organic
compounds (VOCs) and 191.30 tons per day of nitrogen oxides
(NOX) to be used in transportation conformity in the Boston-
Lawrence-Worcester (E. MA) moderate 8-hour ozone nonattainment area.
These revisions also establish motor vehicle emission budgets for 2008
for the Springfield (W. MA) moderate 8-hour ozone nonattainment area of
11.80
[[Page 136]]
tons per day for VOCs, and 31.30 tons per day for NOX.
[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; 77 FR 25363, Apr.
30, 2012; 77 FR 31498, May 29, 2012; 77 FR 36405, June 19, 2012; 77 FR
50601, Aug. 22, 2012]
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.
(b) Approval--Submittal from the Massachusetts Department of
Environmental Protection, dated April 4, 2008 to address the Clean Air
Act (CAA) infrastructure requirements for the 1997 PM2.5
NAAQS. This submittal satisfies requirements of CAA sections
110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F),
(G), (H), (J) (consultation and public notification only), (K), (L), and
(M).
(c) Conditional Approval--Submittal from the Massachusetts
Department of Environmental Protection, dated April 4, 2008, to address
the Clean Air Act (CAA) infrastructure requirements for the 1997
PM2.5 NAAQS is conditionally approved for CAA elements
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon
Massachusetts taking actions to meet requirements of these elements
within one year of conditional approval, as committed to in a letter
from the state to EPA Region 1 dated July 12, 2012.
(d) Disapproval--Submittal from the Massachusetts Department of
Environmental Protection, dated April 4, 2008, to address the Clean Air
Act (CAA) infrastructure requirements for the 1997 PM2.5
NAAQS. This submittal does not satisfy requirements of CAA sections
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii),
and (J) (PSD program only).
(e) Approval--Submittal from the Massachusetts Department of
Environmental Protection, dated September 21, 2009, with supplements
submitted on January 13, 2011, and August 19, 2011, to address the Clean
Air Act (CAA) infrastructure requirements for the 2006 PM2.5
NAAQS. This submittal satisfies requirements of CAA sections
110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F),
(G), (H), (J) (consultation and public notification only), (K), (L), and
(M).
(f) Conditional Approval--Submittal from the Massachusetts
Department of Environmental Protection, dated September 21, 2009, with
supplements submitted on January 13, 2011, and August 19, 2011, to
address the Clean Air Act (CAA) infrastructure requirements for the 2006
PM2.5 NAAQS is conditionally approved for CAA elements
110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon
Massachusetts taking actions to meet requirements of these elements
within one year of conditional approval, as committed to in a letter
from the state to EPA Region 1 dated July 12, 2012.
(g) Disapproval--Submittal from the Massachusetts Department of
Environmental Protection, dated September 21, 2009, with supplements
submitted on January 13, 2011, and August 19, 2011, to address the Clean
Air Act (CAA) infrastructure requirements for the 2006 PM2.5
NAAQS. This submittal does not satisfy requirements of CAA sections
110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii),
and (J) (PSD program only).
[45 FR 2044, Jan. 10, 1980, as amended at 77 FR 63233, Oct. 16, 2012]
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
[[Page 137]]
to attainment for carbon monoxide. As part of the redesignation request,
the State submitted a maintenance plan as required by 175A of the Clean
Air Act, as amended in 1990. Elements of the section 175A maintenance
plan include a base year (1993 attainment year) emission inventory for
carbon monoxide, a demonstration of maintenance of the carbon monoxide
NAAQS with projected emission inventories to the year 2010 for carbon
monoxide, a plan to verify continued attainment, a contingency plan, and
an obligation to submit a subsequent maintenance plan revision in 8
years as required by the Clean Air Act. If the area records a violation
of the carbon monoxide NAAQS (which must be confirmed by the State),
Massachusetts will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. The menu of
contingency measures includes an enhanced motor vehicle inspection and
maintenance program and implementation of the oxygenated fuels program.
The redesignation request and maintenance plan meet the redesignation
requirements in sections 107(d)(3)(E) and 175A of the Act as amended in
1990, respectively. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the
Massachusetts Carbon Monoxide State Implementation Plan for the above
mentioned area.
(c) Approval--On May 25, 2001, the Massachusetts Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan for the 1996 base year emission inventory. The
inventory was submitted by the State of Massachusetts to satisfy Federal
requirements under section 172(c) of the Clean Air Act as amended in
1990, as a revision to the carbon monoxide State Implementation Plan.
(d) Approval--On May 25, 2001, the Massachusetts Department of
Environmental Protection (MADEP) submitted a request to redesignate the
cities of Lowell, Springfield, Waltham, and Worcester from nonattainment
area to attainment for carbon monoxide. As part of the redesignation
request, the State submitted a maintenance plan as required by 175A of
the Clean Air Act, as amended in 1990. Elements of the section 175A
maintenance plan include a 1996 emission inventory for carbon monoxide,
a demonstration of maintenance of the carbon monoxide NAAQS with
projected emission inventories to the year 2012 for carbon monoxide, a
plan to verify continued attainment, a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If an area records an exceedance or
violation of the carbon monoxide NAAQS (which must be confirmed by the
MADEP), Massachusetts will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. The
redesignation request and maintenance plan meet the redesignation
requirements in sections 107(d)(3)(E) and 175A of the Act as amended in
1990, respectively.
(e) Approval--On April 14, 2010, the Massachusetts Department of
Environmental Protection submitted a modification to the Lowell
maintenance plan approved in paragraph (c) of this section.
Massachusetts will not conduct CO monitoring in Lowell, but instead
commits to continue to collect and review CO monitoring data from nearby
Worcester, MA on an on-going basis. In the event the second highest CO
concentration in any calendar year monitored in Worcester reaches 75
percent of the federal 1-hour or 8-hour national ambient air quality
standard for CO, Massachusetts will, within 9 months of recording such
concentrations, re-establish a CO monitoring site in Lowell consistent
with EPA citing criteria, and resume analyzing and reporting those data.
Massachusetts commits to implement its contingency program in Lowell in
the event that a CO violation is monitored at the re-established Lowell
monitoring site at any time during the maintenance period. If the
Worcester CO monitor measures a violation of either the federal 1-hour
or 8-hour NAAQS for CO, contingency measures will be implemented in
Lowell as well, until a re-established CO monitor in Lowell shows
[[Page 138]]
that the area is in attainment of the CO standard.
[61 FR 2923, Jan. 30, 1996, as amended at 67 FR 7278, Feb. 19, 2002; 76
FR 27910, May 13, 2011]
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.
(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
[[Page 139]]
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 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
[[Page 140]]
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
construction or modification of the 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
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
[[Page 141]]
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 cycloolefinic type of
unsaturation: 5 percent;
(ii) A combination of aromatic compounds with eight or more carbon
atoms to the molecule except ethylbenzene: 8 percent;
(iii) A combination of ethylbenzene, ketones having branched
hydrocarbon structures, trichloroethylene or toluene: 20 percent.
Whenever any organic solvent or any constituent of an organic solvent
may be classified from its chemical structure into more than one of the
above groups of organic compounds, it shall be considered as a member of
the most reactive chemical group, that is, that group having the least
allowable percentage of total volume of solvents.
[[Page 142]]
(3) Organic materials are chemical compounds of carbon excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides,
metallic carbonates, and ammonium carbonate.
(b) This section is applicable throughout the Boston Intrastate
Region. The requirements of this section shall be in effect in
accordance with Sec. 52.1147.
(c) No person shall cause, allow, suffer, or permit the discharge
into the atmosphere of more than 15 pounds of organic materials in any 1
day, nor more than 3 pounds of organic materials in any 1 hour, from any
article, machine, equipment, or other contrivance, in which any organic
solvent or any material containing organic solvent comes into contact
with flame or is baked, heat-cured, or heat-polymerized, in the presence
of oxygen, unless said discharge has been reduced as a result of the
installation of abatement controls by at least 85 percent. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials and use operations described in this section
shall be collectively subject to compliance with this section.
(d) No person shall cause, suffer, allow, or permit the discharge
into the atmosphere of more than 40 pounds of organic materials in any 1
day, nor more than 8 pounds in any 1 hour, from any article, machine,
equipment, or other contrivance used under conditions other than
described in paragraph (c) of this section for employing, or applying
any solvent of high photochemical reactivity or material containing such
photochemically reactive solvent, unless said discharge has been reduced
as a result of the installation of abatement controls by at least 85
percent. Emissions of organic materials into the atmosphere resulting
from air or heated drying of products for the first 12 hours after their
removal from any article, machine, equipment or other contrivance
described in this section shall be included in determining compliance
with this section. Emissions resulting from baking, heat-curing, or
heat-polymerizing as described in paragraph (c) of this section shall be
excluded from determination of compliance with this section. Those
portions of any series of articles, machines, equipment, or other
contrivances designed for processing a continuous web, strip, or wire
that emit organic materials and use operations described in this section
shall be collectively subject to compliance with this section.
(e) Emissions of organic materials to the atmosphere from the clean-
up with a solvent of high photochemical reactivity, or any article,
machine, equipment, or other contrivance described in paragraph (c) or
(d) of this section or in this paragraph, shall be included with the
other emissions of organic materials from that article, machine,
equipment or other contrivance for determining compliance with this
section.
(f) No person shall cause, suffer, allow, or permit during any one
day disposal of a total of more than 1.5 gallons of any solvent of high
photochemical reactivity, or of any material containing more than 1.5
gallons of any such photochemically reactive solvent by any means that
will permit the evaporation of such solvent into the atmosphere.
(g) Emissions of organic materials into the atmosphere required to
be controlled by paragraph (c) or (d) of this section shall be reduced
by:
(1) Incineration, provided that 90 percent or more of the carbon in
the organic material being incinerated is converted to carbon dioxide,
or
(2) Adsorption, or
(3) The use of other abatement control equipment determined by the
Regional Administrator to be no less effective than either of the above
methods.
(h) A person incinerating, adsorbing, or otherwise processing
organic materials pursuant to this section shall provide, properly
install and maintain in calibration, in good working order, and in
operation, devices as specified in the authority to construct, or as
specified by the Regional Administrator, for indicating temperatures,
pressures, rates of flow, or other operating conditions necessary to
determine the degree and effectiveness of air pollution control.
(i) Any person using organic solvents or any materials containing
organic
[[Page 143]]
solvents shall supply the Regional Administrator upon request and in the
manner and form prescribed by him, written evidence of the chemical
composition, physical properties, and amount consumed for each organic
solvent used.
(j) The provisions of this rule shall not apply to:
(1) The manufacture of organic solvents, or the transport or storage
of organic solvents or materials containing organic solvents.
(2) The spraying or other use of insecticides, pesticides, or
herbicides.
(3) The employment, application, evaporation, or drying of saturated
halogenated hydrocarbons or perchloroethylene.
(4) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of this
section if:
(i) The volatile content of such material consists only of water,
and organic solvents;
(ii) The organic solvents comprise not more than 30 percent by
volume of said volatile content;
(iii) The volatile content is not a solvent of high photochemical
reactivity as defined in paragraph (a) of this section; and
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment or other contrivances that
are constructed or modified after November 8, 1973.
(5) The use of any material, in any article, machine, equipment or
other contrivance described in paragraph (c), (d), or (e) of this
section if:
(i) The organic solvent content of such material does not exceed 30
percent by volume of said material;
(ii) The volatile content is not a solvent of high photochemical
reactivity; and
(iii) [Reserved]
(iv) The organic solvent or any material containing organic solvent
does not come into contact with flame. This last stipulation applies
only for those articles, machines, equipment or other contrivances that
are constructed or modified after November 8, 1973.
(6) [Reserved]
(7) An article, machine, equipment or other contrivance described in
paragraph (c), (d) or (e) of this section used exclusively for chemical
or physical analyses or determination of product quality and commercial
acceptance provided that--
(i) The exemption is approved in writing by the Regional
Administrator;
(ii) The operator of said article, machine, equipment or contrivance
is not an integral part of the production process; and
(iii) The emissions from said article, machine, equipment or other
contrivance do not exceed 800 lbs. in any calendar month.
(8) Sources subject to the provisions of Massachusetts Regulation
310 CMR 7.18 which has been federally approved.
(k) [Reserved]
(l) All determinations of emission rates shall be conducted in a
manner approved in writing by the Regional Administrator.
[40 FR 25165, June 12, 1975, as amended at 47 FR 28373, June 30, 1982]
Sec. 52.1146 [Reserved]
Sec. 52.1147 Federal compliance schedules.
(a) Except as provided in paragraph (c) of this section, the owner
or operator of a source subject to regulation under paragraph (c)(1) of
Sec. 52.1144 and Sec. 52.1145 shall comply with the increments of
progress contained in the following schedule:
(1) Final control plans for emission control systems or process
modifications must be submitted on or before June 1, 1974, for sources
subject to Sec. 52.1144(c)(1) and on or before May 1, 1974 for sources
subject to Sec. 52.1145.
(2) Contracts for emission control systems or process modifications
must be awarded or orders must be issued for the purchase of component
parts to accomplish emission control or process modifications on or
before March 1, 1975, for sources subject to Sec. 52.1144(c)(1) and on
or before July 1, 1974, for sources subject to Sec. 52.1145.
(3) Initiation of on-site construction or installation of emission
control equipment or process modification must begin on or before May 1,
1975, for sources subject to Sec. 52.1144(c)(1) and on
[[Page 144]]
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 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
[[Page 145]]
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 at www.fdsys.gov.
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 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
[[Page 146]]
driver plus one or more passengers which is used by a commuter traveling
alone to work or classes and is not customarily required to be used in
the course of his employment or studies.
(8) Base date means the date set forth in paragraph (d) of this
section as of which the base number of single-passenger commuter
vehicles at a particular employment facility or educational institution
must be determined.
(9) The Secretary means the Secretary of Transportation and
Construction of the Commonwealth of Massachusetts.
(b) Commencing with the effective date of this section, each
employer and educational institution (except as provided below) shall
diligently and expeditiously implement and thereafter continuously
maintain the following mandatory measures which are designed to achieve
a goal of reducing the number of single-passenger commuter vehicles
customarily commuting daily to each affected facility as of its base
date by 25 percent (or as adjusted pursuant to paragraph (g) of this
section):
(1) Making available to commuters any pass program offered by the
Massachusetts Bay Transportation Authority, if any commuter to the
facility uses the mass transit facilities of such Authority as part of
his daily commuting trip, including making all administrative
arrangements for commuters to purchase the pass and thereby participate
in the pass program and encouraging commuters to participate by such
means as publicizing the availability of the pass program and the cost
advantages thereof.
(2)-(8) [Reserved]
[40 FR 25166, June 12, 1975, as amended at 47 FR 28373, June 30, 1982;
41 FR 10223, Mar. 10, 1976]
Sec. 52.1162 Regulation for bicycle use.
(a) Definitions:
(1) Bicycle means a two-wheel nonmotor-powered vehicle.
(2) Bike path means a route for the exclusive use of bicycles
separated by grade or other physical barrier from motor traffic.
(3) Bike lane means a street lane restricted to bicycles and so
designated by means of painted lanes, pavement coloring or other
appropriate markings. A peak hour bike lane means a bike lane effective
only during times of heaviest auto commuter traffic.
(4) Bike route means a route in which bicycles share road space with
motorized vehicles.
(5) Bikeway means bike paths, bike lanes and bike routes.
(6) Bicycle parking facility means any facility for the temporary
storage of bicycles which allows the frame and both wheels of the
bicycle to be locked so as to minimize the risk of theft and vandalism.
(7) Parking facility means a lot, garage, building, or portion
thereof in or of which motor vehicles are temporarily parked.
(8) Parking space means the area allocated by a parking facility for
the temporary storage of one automobile.
(9) MBTA means the Massachusetts Bay Transportation Authority.
(b) Application. This section shall be applicable in the Boston
Intrastate Region.
(c) Study. The Commonwealth, according to the schedule set forth in
paragraph (d) of this section, shall conduct a comprehensive study of,
and in that study recommend, the establishment of permanent bikeways and
related facilities within the area described in paragraph (b) of this
section. The study shall consider or include at least the following
elements:
(1) The physical design for bikeways, intersections involving
bikeways, and means of bicycle link-ups with other modes of
transportation;
(2) The location of bikeways, including ascertaining high accident
or pollution areas and developing means of avoiding or ameliorating
those situations as well as means of providing intersection safety
generally;
(3) The location of bicycle parking facilities, including bus stops;
(4) The rules of the road for bicyclists, and to the extent that
present rules must be modified because of bikeways, new rules of the
road for motorists. Also the feasibility of mandatory adult bicycle
registration to minimize theft and increase recovery of stolen bicycles;
(5) Bicycle safety education for bicyclists, motorists, children,
students, street maintenance personnel
[[Page 147]]
and policemen, including requiring bicycle safety principles and safe
street riding skills to be taught in high school automobile driver(s)
education programs;
(6) Methods for publicizing bicycles or bicycles plus mass transit
as alternatives to automobile transportation, including the preparation,
perhaps in conjunction with bicentennial efforts, of a master Boston
area transit map, indicating the kind, extent and location of bicycle
facilities, public baths, showers, toilet facilities, water fountains,
as well as routes and stops for MBTA, common carriers and private bus
lines, such map to be distributed by the Registry of Motor Vehicles with
each automobile new registration and automobile registration renewal;
(7) Requiring or providing incentives for common carriers and mass
transit carriers, especially the Blue Line of the MBTA, to provide
bicycle parking facilities at their respective terminals and stations
and bicycle carrying facilities on their respective vehicles;
(8) The creation of roadway zones in which all vehicles, except mass
transit, emergency and service vehicles, and bicycles, would be
excluded;
(9) Requiring or providing incentives for office buildings and
employers to install and to provide free shower and locker facilities
for cyclists;
(10) A bicycle user and potential user survey, which shall at a
minimum determine:
(i) For present bicycle riders, the origin, destination, frequency,
travel time, distance and purpose of bicycle trips;
(ii) In high density employment areas, the present modes of
transportation of employees and the potential modes of transportation,
including the numbers of employees who would use a bicycle for a
significant portion of their commuting transportation were suitable
facilities available to them. This section of the study shall seek to
ascertain the size of the working population that would move from
automobiles to mass transit and bicycles or bicycles alone as a
significant form of transportation. It shall also seek to ascertain what
bicycle facilities or mix thereof would produce the greatest conversion
from auto use;
(11) The special problems related to the design and incorporation in
the bikeway facilities described in paragraph (f) of this section of
feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA
and railroad stations, feeder bikeways to fringe parking areas, and
bicycle passage through rotaries and squares;
(12) The conversion of railroad beds, power lines, flood control
channels or similar corridors to bikepaths;
(13) Removing barriers to employees bringing their bicycles into
their offices;
(14) Removal or alteration of drain grates with bars so placed as to
catch bicycle wheels;
(15) Bicycle rentals at appropriate locations; and
(16) The feasibility of constructing bikeways along at least each of
the corridors set forth in paragraph (g) of this section.
In conducting the study, opportunity shall be given for public comments
and suggestions. Input shall also be solicited from state, regional and
local planning staffs, state, regional and local agencies, bicycle
organizations and other interested groups and be related to
comprehensive transportation planning for the area designated in
paragraph (b) of this section. The study shall, using as a goal a
minimum of 180 miles of bikeways, examine as large a network of
facilities as is practicable within the area described in paragraph (b)
of this section and shall recommend physical designs for said
facilities. The study shall also propose a compliance schedule for
establishing any recommended permanent bicycle facilities.
(d) The Commonwealth of Massachusetts shall submit to the Regional
Administrator no later than October 1, 1975, a detailed compliance
schedule showing the steps that will be taken to carry out the study
required by paragraph (c) of this section. The compliance schedule shall
at a minimum include:
(1) Designation of the agency responsible for conducting the study;
(2) A date for initiation of the study, which date shall be no later
than October 1, 1975; and
[[Page 148]]
(3) A date for completion of the study, and submittal thereof to the
Administrator, which date shall be no later than June 30, 1976.
(e) On or before September 1, 1976, the Administrator shall publish
in the Federal Register his response to the study required by paragraph
(c) of this section, and shall, in that response, either approve the
facility location and designs and other requirements as well as the
proposed compliance schedule for permanent facilities recommended in the
study, or shall designate alternative and/or additional facility
locations and designs and other requirements as well as modify the
proposed compliance schedule for permanent facilities. The Administrator
may provide, if he deems it necessary, for a public comment period prior
to the effective date of his response.
(f) Permanent bicycle facilities. At the conclusion of the study
required by paragraph (c) of this section and the Administrator's
response thereto, the Commonwealth shall, together with the
municipalities and other authorities having jurisdiction over affected
roadways and areas establish permanent bicycle facilities as required by
the Administrator's response to the study.
(g) The potential bikeway corridors to be studied pursuant to
paragraph (c)(16) are as follows:
(1) Central Square, Cambridge to Boston University;
(2) Harvard Square, Cambridge to Union Square, Allston;
(3) Union Square, Somerville to Central Square, Cambridge;
(4) Union Square, Allston to Government Center;
(5) Harvard Square, Cambridge to Government Center;
(6) Brookline Village to Government Center;
(7) Boston University to Longwood Avenue Hospital Zone;
(8) Egleston Square to Government Center;
(9) Columbus Park to Boston Common;
(10) L Street Beach to Government Center;
(11) Powder House Circle, Somerville to Harvard Square;
(12) Everett to Government Center;
(13) Porter Square, Cambridge to Columbus Park, Boston;
(14) Cleveland Circle to Government Center;
(15) Porter Square, Cambridge to Government Center;
(16) Harvard Square, Cambridge to Boston City Hospital; and
(17) Charlestown, Longfellow, Harvard, Boston University, River
Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.
(h) The MBTA shall provide bicycle parking facilities at each major
MBTA station adequate to meet the needs of MBTA riders within the area
designated in paragraph (b) of this section. Said parking facilities
shall at a minimum be located at:
(1) All stations of the Riverside portion of the Green Line;
(2) Reasonably spaced stops on other portions of the Green Line;
(3) All stations of the Red, Orange, and Blue Lines; and shall have
spaces for at least six bicycles per station, except for facilities at
terminal stations which shall have spaces for at least 24 bicycles.
(i) The Commonwealth shall provide for advertisement of bikeways and
bicycle parking facilities in use within the area designated in
paragraph (b) of this section to potential users by means of media
advertisement, the distribution and posting of bikeway maps and bike
safety information, as well as for a program of bicycle safety education
including the motor vehicle operators license examination and public
service advertisement.
[40 FR 25168, June 12, 1975]
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
[[Page 149]]
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 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
[[Page 150]]
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 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
[[Page 151]]
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.
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.''
[[Page 152]]
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.
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.
[[Page 153]]
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 7.00........ Definitions........ 12/13/06 07/31/08 73 FR 44654 136 Addition of the
term, ``Boston
Metropolitan
Planning
Organization.''
12/13/06 07/31/08 73 FR 44654 136 Massachusetts
Regulation Filing,
dated November 16,
2006,
substantiating
December 1, 2006,
State effective
date for amended
310 CMR 7.00
entitled
``Definition,''
(addition of term
``Boston
Metropolitan
Planning
Organization,''
which appears on
the replaced page
173 of the State's
Code of
Massachusetts
Regulations.).
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.
[[Page 154]]
310 CMR 7.02(12).... U Organic Material. 8/17/89 1/11/93 58 FR 3495 93 310 CMR 7.02(12)
has been
recodified and
relocated in 310
CMR 7.24, ``U
Organic Material
Storage and
Distribution.''
All subsections
and references in
310 CMR 7.02(12)
have been
recodified
accordingly.
310CMR 7.02(12)..... U Restricted 6/6/94 4/5/95 60 FR 17229 105 This rule limits a
Emission Status. source's potential
to emit, therefore
avoiding RACT,
title V operating
permits
310 CMR Organic material, 12/31/78 9/16/80 45 FR 61293 30 ...................
7.02(12)(a)(b). bulk plants and 5/16/79
terminals handling
organic material.
310 CMR Gasoline liquid 12/2/83 3/8/84 49 FR 8611 56 Approved for
7.02(12)(a)1e. storage in secondary seals 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.
[[Page 155]]
11/8/82 4/28/83 48 FR 19172 54 Approves burning of
2.2% at Esleek
Manufacturing
Company, Inc.,
provided the fuel
firing rate does
not exceed 137.5
gallons per hour.
310 CMR 7.05(1)(b).. Sulfur content of 6/25/76 2/15/77 42 FR 9176 10 Approves the
fuels and control burning of 2.2%
thereof for until 7/1/78 for
Central APCD. 100 mBtu sources
listed in 52.1126.
3/29/76 5/19/77 42 FR 25730 11 Approves burning 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.
[[Page 156]]
4/25/80 1/27/81 46 FR 8476 34 Approves the
burning of 2.2% at
Natick Paperboard
Corp.
11/25/80 8/11/81 46 FR 40688 38 Approves the
increase to 2.2%
at Boston Edison
Mystic Generating
Station for 30
months from 8/11/
81 (expires 2/11/
84).
7/14/81 12/16/81 46 FR 61123 41 Approves burning of
2.2% at Haverhill
Paper Corp.
11/27/79 12/15/80 45 FR 82251 32 Allows the burning
of 2.2% at Proctor
and Gamble.
9/24/81 12/15/81 46 FR 61118 43 Approves burning of
2.2% at Eastman
Gelatin Corp.
12/7/83 9/25/84 49 FR 37592 65 Approves burning of
2.2% at Boston
Edison Mystic
Generating Station
until 3/25/87.
310 CMR 7.05(1)(e).. Sulfur content of 7/22/77 2/1/77 42 FR 5957 9 Approves 2.2%
fuels and control except for 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.
[[Page 157]]
Ash content of 12/3/85 11/25/86 51 FR 42564 69 Includes Berkshire
fuels. 1/31/86 Air Pollution
2/11/86 Control District
to 7.05(4)(b)(2)
so facilities in
that district can
apply to burn
fossil fuel with
an ash content in
excess of 9 pct
bydry weight.
310 CMR 7.06........ Visible emissions.. 8/28/72 10/28/72 37 FR 23085 4 ...................
7/5/78 2/7/79 44 FR 7712 17 Approves New
England Power
Company, Salem
Harbor Station to
burn a coal oil
slurry.
12/28/79 8/12/80 45 FR 53476 17 Extension of
temporary revision
to allow
exceedance of 20%
capacity limit at
New England Power
Company's Salem
Harbor Station,
Salem, MA Unit 1
so can burn 30%
coal/70% oil
mixture until 12/
31/80.
310 CMR 7.07........ Open burning....... 12/9/77 9/29/78 43 FR 44841 16 Two revisions with
conditions to
permit open
burning of brush
cane, driftwood
and forest debris
for 2 months of
the year.
Open burning....... 9/28/79 6/17/80 45 FR 40987 27 Approves open
burning (as in (c)
16) from 1/15 to 5/
1 in certain areas
of the State.
310 CMR 7.08........ Incinerators....... 8/28/72 10/28/72 37 FR 23085 4 ...................
310 CMR 7.08(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.
[[Page 158]]
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.
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).
[[Page 159]]
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.
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).
[[Page 160]]
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.
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.
[[Page 161]]
11/17/89 8/3/90 55 FR 31593 86 RACT for Boston
Whaler in
Rockland. Amended
Plan Approval
(4P89006) dated
October 19, 1989
and Plan Approval
4P89006 Correction
dated November 17,
1989.
Non-CTG RACT 11/2/89 11/27/90 55 FR 34915 87 RACT for Philips
determination. Lighting Company
in Lynn, MA, dated
November 2, 1989.
RACT............... 7/9/90 2/19/91 56 FR 6569 89 RACT for General
Motors Corporation
in Framingham.
Amended Plan
Approval dated
June 8, 1990.
RACT............... 6/13/90 2/27/91 56 FR 8132 88 RACT for Acushnet
Company, Titleist
Golf Division,
Plant A in New
Bedford. Amended
Plan Approval
dated June 1,
1990.
RACT............... 10/16/90 3/20/91 56 FR 11677 90 RACT for Erving
Paper Mills.
RACT............... 4/22/90 10/8/91 56 FR 50660 91 RACT amendment for
Erving.
310 CMR 7.18(17).... RACT............... 5/13/91 12/14/92 57 FR 58993 95 RACT for Dartmouth
Finishing
Corporation.
310 CMR 7.18(17).... U Reasonable 8/17/89; 1/11/93 58 FR 3495 93 Approval of 310 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.
[[Page 162]]
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.
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.
[[Page 163]]
10/31/83 3/23/84 49 FR 11091 61 Reed and Barton
Silversmiths,
Taunton, to burn
2.2% until 9/23/
86.
11/16/83 7/30/84 49 FR 30306 62 ATF Davidson
Company,
Northbridge, to
burn 2.2%
permanently.
2/2/84 6/15/84 49 FR 24723 63 American Biltrite
Corporation,
Chelsea, to burn
1.0% until 12/15/
86.
7/11/84 9/25/84 49 FR 37591 67 James River
Corporation, Hyde
Park Mill, Boston
to burn 2.2% until
3/25/87.
2/8/85, 4/1/86 51 FR 11021 68 Phillips Academy,
10/23/85 Andover, MA to
burn 2.2% until
September 1, 1988.
Interim sulfur-in- 2/19/86 8/12/86 51 FR 28814 70 Mary Ellen
fuel limitations McCormick and
for fossil fuel Malverick Family
utilities pending Development
conversion to an facilities in the
alternative fuel Boston Housing
or implementation Authority, Boston
of permanent to burn 2.2% 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.
[[Page 164]]
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.
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 7.28........ NOX Allowance 03/30/07 12/3/07 72 FR 67854 135
Trading Program.
................... 03/30/07 12/3/07 72 FR 67854 135 Massachusetts
Regulation Filing,
dated April 19,
2007, sub-
stantiating May 4,
2007, State
effective date for
amended 310 CMR
7.28 ``NOX
Allowance Trading
Program.''
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.
[[Page 165]]
310 CMR 7.32........ Massachusetts Clean 03/30/07 12/3/07 72 FR 67854 135
Air Interstate
Rule (Mass CAIR).
................... 03/30/07 12/3/07 72 FR 67854 135 Mass-achusetts
Regulation Filing,
dated April 19,
2007, sub-
stantiating May 4,
2007, State
effective date for
adopted 310 CMR
7.32 `` Mass-
achusetts Clean
Air Interstate
Rule (Mass
CAIR).''
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 7.36........ Transit system 12/13/06 07/31/08 73 FR 44654 136 Amendments to
improvements Transit System
regulation. Improvements
Regulation.
................... 12/13/06 07/31/08 73 FR 44654 136 Massachusetts
Regulation Filing,
dated November 16,
2006,
substantiating
December 1, 2006,
State effective
date for amended
310 CMR 7.36
entitled ``Transit
System
Improvements.''
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 7.38........ Tunnel vent 7/12/06 2/15/08 73 FR 8818 134 Amendments to
certification Certification of
regulation. Tunnel Ventilation
Systems in the
Metropolitan
Boston Air
Pollution Control
District.
7/12/06 2/15/08 73 FR 8818 134 Massachusetts
Regulation Filing,
dated December 13,
2005,
substantiating
December 30, 2005,
State effective
date for amended
310 CMR 7.38
``Certification of
Tunnel Ventilation
Systems in the
Metropolitan
Boston Air
Pollution Control
District.''
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 166]]
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....... Massachusetts Motor 6/1/09 1/25/13 78 FR 5300 137 Revises enhanced I/
Vehicle Emissions M test
Inspection and requirements to
Maintenance consist of ``OBD2-
Program. only'' testing
program. Approving
submitted
regulation with
the exception of
subsection 310 CMR
60.02(24)(f).
540 CMR 4.00........ Annual Safety and 6/1/09 1/25/13 78 FR 5300 137 Revises
Combined Safety requirements for
and Emissions inspections and
Inspection of All enforcement of I/M
Motor Vehicles, program.
Trailers, Semi-
trailers and
Converter Dollies.
----------------------------------------------------------------------------------------------------------------
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 at www.fdsys.gov.
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.
[[Page 167]]
This revision requested an extension of the final compliance dates to
implement reasonably available control technology (RACT) on topcoat and
final repair applications. As a result of EPA's disapproval of this
revision, the existing compliance date of December 31, 1985 specified in
the automobile surface coating regulation contained in the Massachusetts
SIP will remain in effect (Massachusetts Regulation 310 CMR 7.18(7) as
approved by EPA and codified at 40 CFR 52.1120(c)(30) and (53)).
[53 FR 36014, Sept. 16, 1988]
Sec. 52.1169 Stack height review.
The Commonwealth of Massachusetts has declared to the satisfaction
of EPA that no existing emission limitations have been affected by stack
height credits greater than good engineering practice or any other
prohibited dispersion technique as defined in EPA's stack height
regulations, as revised on July 8, 1985. This declaration was submitted
to EPA on April 8, 1986. The commonwealth has further declared in a
letter from Bruce K. Maillet, dated June 24, 1986, that, ``[A]s part of
our new source review activities under the Massachusetts SIP and our
delegated PSD authority, the Department of Environmental Quality
Engineering will follow EPA's stack height regulations, as revised in
the Federal Register on July 8, 1985 (50 FR 27892).'' Thus, the
Commonwealth has satisfactorily demonstrated that its regulations meet
40 CFR 51.118 and 51.164.
[52 FR 49407, Dec. 31, 1987]
Subpart X_Michigan
Sec. 52.1170 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Michigan under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air
Quality Standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c), (d), and (e) of this section with an EPA approval date prior to
August 1, 2006, 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 the EPA approval dates after August 1, 2006, will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 5 certifies that the rules/regulations provided by
the 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
August 1, 2006.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 5, Air Programs
Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and
Radiation Docket and Information Center, EPA Headquarters Library,
Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution
Ave., NW., Washington, DC 20460, and the National Archives and Records
Administration. If you wish to obtain materials from a docket in the EPA
Headquarters Library, please call the Office of Air and Radiation (OAR)
Docket/Telephone number: (202) 566-1742. 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 168]]
EPA-Approved Michigan Regulations
----------------------------------------------------------------------------------------------------------------
State
Michigan citation Title effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Annual Reporting
----------------------------------------------------------------------------------------------------------------
R 336.202........................ Annual reports...... 11/11/86 3/8/94, 59 FR 10752.
----------------------------------------------------------------------------------------------------------------
Part 1. General Provisions
----------------------------------------------------------------------------------------------------------------
R 336.1101....................... Definitions; A...... 4/27/93 9/7/94, 59 FR 46182. Only: actual
emissions, air-
dried coating, air
quality standard,
allowable
emissions, and
alternate opacity.
2/22/85 6/11/92, 57 FR 24752
R 336.1102....................... Definitions; B...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1103....................... Definitions; C...... 4/27/93 9/7/94, 59 FR 46182. Only: coating
category, 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.
2/22/85 6/11/92, 57 FR 24752
R 336.1104....................... Definitions; D...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1105....................... Definitions; E...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1106....................... Definitions; F...... 2/22/85 6/11/92, 57 FR 24752
R 336.1107....................... Definitions; G...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1108....................... Definitions; H...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1109....................... Definitions; I...... 8/21/81 7/26/82, 47 FR 32116
R 336.1112....................... Definitions; L...... 1/18/80 5/6/80, 45 FR 29790.
R 336.1113....................... Definitions; M...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1114....................... Definitions; N...... 8/21/81 7/26/82, 47 FR 32116
R 336.1115....................... Definitions; O...... 8/21/81 7/26/82, 47 FR 32116
R 336.1116....................... Definitions; P...... 4/27/93 9/7/94, 59 FR 46182. Only: packaging
rotogravure
printing, printed
interior panel,
process unit
turnaround,
publication
rotogravure
printing, and
pushside Removed:
pneumatic rubber
tire manufacturing.
2/22/85 6/11/92, 57 FR 24752 All except pneumatic
rubber tire
manufacturing,
which was removed 9/
7/94.
R 336.1118....................... Definitions; R...... 5/27/02 2/24/03, 68 FR 8550.
[[Page 169]]
R 336.1119....................... Definitions; S...... 2/22/85 6/11/92, 57 FR 24752
R 336.1120....................... Definitions; T...... 5/27/02 2/24/03, 68 FR 8550.
R 336.1121....................... Definitions; U...... 4/20/89 9/15/94, 59 FR 47254
R 336.1122....................... Definitions; V...... 3/13/03 2/9/04, 69 FR 5932..
R 336.1123....................... Definitions; W...... 8/21/81 7/26/82, 47 FR 32116
R 336.1127....................... Terms defined in the 1/18/80 5/6/80, 45 FR 29790.
act.
----------------------------------------------------------------------------------------------------------------
Part 2. Air Use Approval
----------------------------------------------------------------------------------------------------------------
R 336.1201....................... Permits to install.. 1/18/80 5/6/80, 45 FR 29790.
R 336.1202....................... Waivers of approval. 1/18/80 5/6/80, 45 FR 29790.
R 336.1203....................... Information required 1/18/80 5/6/80, 45 FR 29790.
R 336.1204....................... Authority of agents. 1/18/80 5/6/80, 45 FR 29790.
R 336.1206....................... Processing of 1/18/80 5/6/80, 45 FR 29790.
applications for
other facilities.
R 336.1207....................... Denial of permits to 1/18/80 5/6/80, 45 FR 29790.
install.
R 336.1208....................... Permits to operate.. 1/18/80 5/6/80, 45 FR 29790.
R 336.1220....................... Construction of 8/21/81 1/27/82, 47 FR 3764.
sources of volatile
organic compounds
in ozone
nonattainment
areas; conditions
for approval.
R 336.1221....................... Construction of 7/17/80 1/12/82, 47 FR 1292.
sources of
particulate matter,
sulfur dioxide, or
carbon monoxide in
or near
nonattainment
areas; conditions
for approval.
R 336.1240....................... Required air quality 1/18/80 5/6/80, 45 FR 29790.
models.
R 336.1241....................... Air quality modeling 1/18/80 5/6/80, 45 FR 29790.
demonstration
requirements.
R 336.1280....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions; cooling
and ventilation
equipment.
R 336.1281....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions;
cleaning, washing
and drying
equipment.
R 336.1282....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions; cooling
and ventilation
equipment.
R 336.1283....................... Permit system 7/17/80 8/28/81, 46 FR 43422
exemptions; testing
and inspection
equipment.
R 336.1284....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions;
containers.
R 336.1285....................... Permit system 1/18/80 5/6/80, 45 FR 29790.
exemptions;
miscellaneous.
----------------------------------------------------------------------------------------------------------------
Part 3. Emission Limitations and Prohibitions--Particulate Matter
----------------------------------------------------------------------------------------------------------------
R 336.1301....................... Standards for 3/19/02 6/1/06, 71 FR 31093.
density of
emissions.
R 336.1303....................... Grading visible 3/19/02 6/1/06, 71 FR 31093.
emissions.
R 336.1310....................... Open burning........ 2/3/99 6/28/02, 67 FR 43548
R 336.1330....................... Electrostatic 3/19/02 6/1/06, 71 FR 31093.
precipitation
control systems.
[[Page 170]]
R 336.1331....................... Emissions of 3/19/02 6/1/06, 71 FR 31093. All except Table 31,
particulate matter. section C.8.
1/18/80 5/22/81, 46 FR 27923 Only Table 31
Section C.7,
preheater
equipment.
R 336.1349....................... Coke oven compliance 2/22/85 6/11/92, 57 FR 24752
date.
R 336.1350....................... Emissions from larry- 2/22/85 6/11/92, 57 FR 24752
car charging of
coke ovens.
R 336.1351....................... Charging hole 2/22/85 6/11/92, 57 FR 24752
emissions from coke
ovens.
R 336.1352....................... Pushing operation 2/22/85 6/11/92, 57 FR 24752
fugitive emissions
from coke ovens.
R 336.1353....................... Standpipe assembly 2/22/85 6/11/92, 57 FR 24752
emissions during
coke cycle from
coke ovens.
R 336.1354....................... Standpipe assembly 2/22/85 6/11/92, 57 FR 24752
emissions during
decarbonization
from coke ovens.
R 336.1355....................... Coke oven gas 1/18/80 5/55/81, 46 FR 27923
collector main
emissions from slot-
type coke ovens.
R 336.1356....................... Coke oven door 2/22/85 6/11/92, 57 FR 24752
emissions from coke
ovens; doors that
are 5 meters or
shorter.
R 336.1357....................... Coke oven door 2/22/85 6/11/92, 57 FR 24752
emissions from coke
oven doors; doors
that are taller
than 5 meters.
R 336.1358....................... Roof monitor visible 4/30/98 6/1/06, 71 FR 31093.
emissions at steel
manufacturing
facilities from
electric arc
furnaces and blast
furnaces.
R 336.1359....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from scarfer
operation stacks at
steel manufacturing
facilities.
R 336.1360....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from coke oven push
stacks.
R 336.1361....................... Visible emissions 4/30/98 6/1/06, 71 FR 31093.
from blast furnace
casthouse
operations at steel
manufacturing
facilities.
R 336.1362....................... Visible emissions 4/30/98 6/1/06, 71 FR 31093.
from electric arc
furnace operations
at steel
manufacturing
facilities.
R 336.1363....................... Visible emissions 4/30/98 6/1/06, 71 FR 31093.
from argon-oxygen
decarburization
operations at steel
manufacturing
facilities.
R 336.1364....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from basic oxygen
furnace operations.
R 336.1365....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from hot metal
transfer operations
at steel
manufacturing
facilities.
R 336.1366....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from hot metal
desulphurization
operations at steel
manufacturing
facilities.
R 336.1367....................... Visible emissions 2/22/85 6/11/92, 57 FR 24752
from sintering
operations.
R 336.1370....................... Collected air 2/17/81 11/15/82, 47 FR
contaminants. 51398.
R 336.1371....................... Fugitive dust 3/19/02 6/1/06, 71 FR 31093.
control programs
other than areas
listed in Table 36.
R 336.1372....................... Fugitive dust 3/19/02 6/1/06, 71 FR 31093.
control program;
required
activities; typical
control methods.
[[Page 171]]
R 336.1374....................... Particulate matter 3/19/02 6/1/06, 71 FR 31093.
contingency
measures: Areas
listed in Table 37.
----------------------------------------------------------------------------------------------------------------
Part 4. Emission Limitations and Prohibitions--Sulfur-Bearing Compounds
----------------------------------------------------------------------------------------------------------------
R 336.1401....................... Emissions of sulfur 3/19/02 6/1/06, 71 FR 31093.
dioxide from power
plants.
R 336.1402....................... Emission of sulfur 1/18/80 5/6/80, 45 FR 29790.
dioxide from fuel-
burning sources
other than power
plants.
R 336.1403....................... Oil- and natural gas- 3/19/02 6/1/06, 71 FR 31093.
producing or
transporting
facilities and
natural gas-
processing
facilities;
emissions;
operation.
R 336.1404....................... Emissions of 1/18/80 5/6/80, 45 FR 29790.
sulfuric acid mist
from sulfuric acid
plants.
----------------------------------------------------------------------------------------------------------------
Part 6. Emission Limitations and Prohibitions--Existing Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1601....................... Definitions......... 3/19/02 6/1/06, 71 FR 31093.
R 336.1602....................... General provisions 4/10/00 6/28/02, 67 FR 43548
for existing
sources of volatile
organic compound
emissions.
R 336.1604....................... Storage of organic 3/19/02 6/1/06, 71 FR 31093.
compounds having a
true vapor pressure
of more than 1.5
psia, but less than
11 psia, in
existing fixed roof
stationary vessels
of more than 40,000
gallon capacity.
R 336.1605....................... Storage of organic 3/19/02 6/1/06, 71 FR 31093.
compounds having a
true vapor pressure
of 11 or more psia
in existing
stationary vessels
of more than 40,000
gallon capacity.
R 336.1606....................... Loading gasoline 3/19/02 6/1/06, 71 FR 31093.
into existing
stationary vessels
of more than 2,000
gallon capacity at
dispensing
facilities handling
250,000 gallons per
year.
R 336.1607....................... Loading gasoline 3/19/02 6/1/06, 71 FR 31093.
into existing
stationary vessels
of more than 2,000
capacity at loading
facilities.
R 336.1608....................... Loading gasoline 3/19/02 6/1/06, 71 FR 31093.
into existing
delivery vessels at
loading facilities
handling less than
5,000,000 gallons
per year.
R 336.1609....................... Loading existing 4/20/89 9/15/94, 59 FR 47254
delivery vessels
with organic
compounds having a
true vapor pressure
of more than 1.5
psia at existing
loading facilities
handling 5,000,000
or more gallons of
such compounds per
year.
R 336.1610....................... Existing coating 4/27/93 9/7/94, 59 FR 46182.
lines; emission of
volatile organic
compounds from
existing
automobile, light-
duty truck, and
other product and
material coating
lines.
R 336.1611....................... Existing cold 6/13/97 7/21/99, 64 FR 39034
cleaners.
R 336.1612....................... Existing open top 6/13/97 7/21/99, 64 FR 39034
vapor degreasers.
[[Page 172]]
R 336.1613....................... Existing 6/13/97 7/21/99, 64 FR 39034
conveyorized cold
cleaners.
R 336.1614....................... Existing 6/13/97 7/21/99, 64 FR 39034
conveyorized vapor
degreasers.
R 336.1615....................... Existing vacuum- 3/19/02 6/1/06, 71 FR 31093.
producing system at
petroleum
refineries.
R 336.1616....................... Process unit 3/19/02 6/1/06, 71 FR 31093.
turnarounds at
petroleum
refineries.
R 336.1617....................... Existing organic 3/19/02 6/1/06, 71 FR 31093.
compound-water
separators at
petroleum
refineries.
R 336.1618....................... Use of cutback 3/19/02 6/1/06, 71 FR 31093.
paving asphalt.
R 336.1619....................... Perchloroethylene; 3/19/02 6/1/06, 71 FR 31093.
emission from
existing dry
cleaning equipment;
disposal.
R 336.1620....................... Emission of volatile 4/27/93 9/7/94, 59 FR 46182.
organic compounds
from the coating of
flat wood paneling
from existing
coating lines.
R 336.1621....................... Emission of volatile 4/27/93 9/7/94, 59 FR 46182.
organic compounds
from the coating of
metallic surfaces
from existing
coating lines.
R 336.1622....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compound
from existing
component of a
petroleum refinery;
refinery monitoring
program.
R 336.1623....................... Storage of petroleum 3/19/02 6/1/06, 71 FR 31093.
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.
R 336.1624....................... Emission of volatile 11/18/93 9/7/94, 59 FR 46182.
organic compound
from an existing
graphic arts line.
R 336.1625....................... Emission of volatile 11/30/00 6/1/06, 71 FR 31093.
organic compound
from existing
equipment utilized
in the
manufacturing of
synthesized
pharmaceutical
products.
R 336.1627....................... Delivery Vessels; 2/22/06 8/3/07, 72 FR 43169.
Vapor Collection
Systems.
R 336.1628....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compounds
from components of
existing process
equipment used in
manufacturing
synthetic organic
chemicals and
polymers.
R 336.1629....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compounds
from components of
existing process
equipment used in
processing natural
gas; monitoring
program.
R 336.1630....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compounds
from existing paint
manufacturing
processes.
R 336.1631....................... Emission of volatile 3/19/02 6/1/06, 71 FR 31093.
organic compounds
from existing
process equipment
utilized in
manufacture of
polystyrene of
other organic
resins.
[[Page 173]]
R 336.1632....................... Emission of volatile 4/27/93 9/7/94, 59 FR 46182.
organic compounds
form existing
automobile, truck,
and business
machine plastic
part coating lines.
R 336.1651....................... Standards for 6/13/97 7/21/99, 64 FR 39034
degreasers.
----------------------------------------------------------------------------------------------------------------
R 336.1660....................... Standards for 10/3/07 5/22/09, 74 FR 23952
Volatile Organic
Compounds Emissions
from Consumer
Products.
R 336.1661....................... Definitions for 11/3/07 5/22/09, 74 FR 23952
Consumer Products.
----------------------------------------------------------------------------------------------------------------
Part 7. Emission Limitations and Prohibitions--New Sources of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
R 336.1702....................... General provisions 3/19/02 6/1/06, 71 FR 31093.
for new sources of
volatile organic
compound emissions.
R 336.1705....................... Loading gasoline 3/19/02 6/1/06, 71 FR 31093.
into delivery
vessels at new
loading facilities
handling less than
5,000,000 gallons
per year.
R 336.1706....................... Loading delivery 6/13/97 7/21/99, 64 FR 39034
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.
R 336.1707....................... New cold cleaners... 6/13/97 7/21/99, 64 FR 39034
R 336.1708....................... New open top vapor 6/13/97 7/21/99, 64 FR 39034
degreasers.
R 336.1709....................... New conveyorized 6/13/97 7/21/99, 64 FR 39034
cold cleaners.
R 336.1710....................... New conveyorized 6/13/97 7/21/99, 64 FR 39034
vapor degreasers.
----------------------------------------------------------------------------------------------------------------
Part 8. Emission Limitations and Prohibitions--Oxides of Nitrogen
----------------------------------------------------------------------------------------------------------------
R 336.1801....................... Emission of oxides 5/28/09 8/18/09. 74 FR 41637
of nitrogen from
non-sip call
stationary sources.
R 336.1802....................... Applicability under 5/20/04 12/23/04, 69 FR
oxides of nitrogen 76848.
budget trading
program.
R 336.1802a...................... Adoption by 5/28/09 8/18/09, 74 FR
reference. 41637..
R 336.1803....................... Definitions......... 5/28/09 8/18/09, 74 FR
41637..
R 336.1804....................... Retired unit 5/20/04 12/23/04, 69 FR
exemption from 76848.
oxides of nitrogen
budget trading
program.
R 336.1805....................... Standard 12/4/02 12/23/04, 69 FR
requirements of 76848.
oxides of nitrogen
budget trading
program.
R 336.1806....................... Computation of time 12/4/02 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1807....................... Authorized account 12/4/02 12/23/04, 69 FR
representative 76848.
under oxides of
nitrogen budget
trading program.
R 336.1808....................... Permit requirements 12/4/02 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1809....................... Compliance 12/4/02 12/23/04, 69 FR
certification under 76848.
oxides of nitrogen
budget trading
program.
[[Page 174]]
R 336.1810....................... Allowance 12/4/02 12/23/04, 69 FR
allocations under 76848.
oxides of nitrogen
budget trading
program.
R 336.1811....................... New source set-aside 5/20/04 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1812....................... Allowance tracking 12/4/02 12/23/04, 69 FR
system and 76848.
transfers under
oxides of nitrogen
budget trading
program.
R 336.1813....................... Monitoring and 12/4/02 12/23/04, 69 FR
reporting 76848.
requirements under
oxides of nitrogen
budget trading
program.
R 336.1814....................... Individual opt-ins 12/4/02 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1815....................... Allowance banking 12/4/02 12/23/04, 69 FR
under oxides of 76848.
nitrogen budget
trading program.
R 336.1816....................... Compliance 12/4/02 12/23/04, 69 FR
supplement pool 76848.
under oxides of
nitrogen budget
trading program.
R 336.1817....................... Emission limitations 12/4/02 12/23/04, 69 FR
and restrictions 76848.
for Portland cement
kilns.
R 336.1818....................... Emission limitations 11/20/06 1/29/08, 73 FR 5101.
for stationary
internal combustion
engines.
R 336.1821....................... CAIR NOX ozone and 5/28/09 8/18/09, 74 FR
annual trading 41637..
programs;
applicability
determinations.
R 336.1822....................... CAIR NOX ozone 5/28/09 8/18/09, 74 FR
season trading 41637..
program; allowance
allocations.
R 336.1823....................... New EGUs, new non- 5/28/09 8/18/09, 74 FR
EGUs, and newly 41637..
affected EGUs under
CAIR NOX ozone
season trading
program; allowance
allocations.
R 336.1824....................... CAIR NOX ozone 6/25/07 8/18/09, 74 FR
season trading 41637..
program; hardship
set-aside.
R 336.1825....................... CAIR NOX ozone 6/25/07 8/18/09, 74 FR
season trading 41637..
program; renewable
set-aside.
R 336.1826....................... CAIR NOX ozone 6/25/07 8/18/09, 74 FR
season trading 41637..
program; opt-in
provisions.
R 336.1830....................... CAIR NOX annual 5/28/09 8/18/09, 74 FR
trading program; 41637..
allowance
allocations.
R 336.1831....................... New EGUs under CAIR 5/28/09 8/18/09, 74 FR
NOX annual trading 41637..
program; allowance
allocations.
R 336.1832....................... CAIR NOX annual 5/28/09 8/18/09, 74 FR
trading program; 41637..
hardship set-aside.
R 336.1833....................... CAIR NOX annual 5/28/09 8/18/09, 74 FR
trading program; 41637..
compliance
supplement pool.
R 336.1834....................... Opt-in provisions 6/25/07 8/18/09, 74 FR
under the CAIR NOX 41637..
annual trading
program.
----------------------------------------------------------------------------------------------------------------
Part 9. Emission Limitations and Prohibitions--Miscellaneous
----------------------------------------------------------------------------------------------------------------
R 339.1901....................... Air contaminant or 1/18/80 5/6/80, 45 FR 29790.
water vapor, when
prohibited.
R 339.1906....................... Diluting and 3/19/02 6/1/06, 71 FR 31093.
concealing
emissions.
[[Page 175]]
R 339.1910....................... Air-cleaning devices 1/18/80 5/6/80, 45 FR 29790.
R 339.1911....................... Malfunction 3/19/02 6/1/06, 71 FR 31093.
abatement plans.
R 336.1912....................... Abnormal conditions, 7/26/95, as 10/26/07, 72 FR
start-up, shutdown, corrected 6/ 60783.
and malfunction of 1/07
a source, process,
or process
equipment,
operating,
notification, and
reporting
requirements.
R 339.1915....................... Enforcement 5/27/02 2/24/03, 68 FR 8550.
discretion in
instances of excess
emission resulting
from malfunction,
start-up, or
shutdown.
R 339.1916....................... Affirmative defense 5/27/02 2/24/03, 68 FR 8550.
for excess
emissions during
start-up or
shutdown.
R 339.1930....................... Emission of carbon 3/19/02 6/1/06, 71 FR 31093.
monoxide from
ferrous cupola
operations.
----------------------------------------------------------------------------------------------------------------
Part 10. Intermittent Testing and Sampling
----------------------------------------------------------------------------------------------------------------
R 336.2001....................... Performance tests by 3/19/02 6/1/06, 71 FR 31093,
owner. 6/1/06 71 FR 31093.
R 336.2002....................... Performance tests by 3/19/02 6/1/06, 71 FR 31093.
commission.
R 336.2003....................... Performance test 3/19/02 6/1/06, 71 FR 31093.
criteria.
R 336.2004....................... Appendix A; 2/22/06 8/3/07, 72 FR 43169.
reference test
methods; adoption
of federal
reference test
methods.
R 336.2005....................... Reference test 2/22/06 8/3/07, 72 FR 43169.
methods for state-
requested tests of
delivery vessels.
R 336.2006....................... Reference test 4/27/93 9/7/94, 59 FR 46182.
method serving as
alternate version
of federal
reference test
method 25 by
incorporating Byron
analysis.
R 336.2007....................... Alternate version of 3/19/02 6/1/06, 71 FR 31093.
procedure L,
referenced in R
336.2040(10).
R 336.2011....................... Reference test 4/29/05 6/1/06, 71 FR 31093.
method 5B.
R 336.2012....................... Reference test 10/15/04 6/1/06, 71 FR 31093.
method 5C.
R 336.2013....................... Reference test 3/19/02 6/1/06, 71 FR 31093.
method 5D.
R 336.2014....................... Reference test 10/15/04 6/1/06, 71 FR 31093.
method 5E.
R 336.2021....................... Figures............. 3/19/02 6/1/06, 71 FR 31093.
R 336.2030....................... Reference test 2/22/85 6/11/92, 57 FR 24752
method 9A.
R 336.2031....................... Reference test 2/22/85 6/11/92, 57 FR 24752
method 9B.
R 336.2032....................... Reference test 2/22/85 6/11/92, 57 FR 24752
method 9C.
R 336.2033....................... Test methods for 2/22/85 6/11/92, 57 FR 24752
coke oven quench
towers.
R 336.2040....................... Method for 3/19/02 6/1/06, 71 FR 31093. All except sections
determination of (9) and (10).
volatile organic
compound emissions
from coating lines
and graphic arts
lines.
R 336.2041....................... Recording 4/27/93 9/7/94, 59 FR 46182.
requirements for
coating lines and
graphic arts lines.
----------------------------------------------------------------------------------------------------------------
[[Page 176]]
Part 11. Continuous Emission Monitoring
----------------------------------------------------------------------------------------------------------------
R 336.2101....................... Continuous emission 3/19/02 6/1/06, 71 FR 31093.
monitoring, fossil
fuel-fired steam
generators.
R 336.2102....................... Continuous emission 1/18/80 11/2/88, 53 FR 44189
monitoring,
sulfuric acid-
producing
facilities.
R 336.2103....................... Continuous emission 1/18/80 11/2/88, 53 FR 44189
monitoring, fluid
bed catalytic
cracking unit
catalyst
regenerators at
petroleum
refineries.
R 336.2150....................... Performance 3/19/02 6/1/06, 71 FR 31093.
specifications for
continuous emission
monitoring systems.
R 336.2151....................... Calibration gases 1/18/80 11/2/88, 53 FR 44189
for continuous
emission monitoring
systems.
R 336.2152....................... Cycling time for 1/18/80 11/2/88, 53 FR 44189
continuous emission
monitoring systems.
R 336.2153....................... Zero and drift for 1/18/80 11/2/88, 53 FR 44189
continuous emission
monitoring systems.
R 336.2154....................... Instrument span for 1/18/80 11/2/88, 53 FR 44189
continuous emission
monitoring systems.
R 336.2155....................... Monitor location for 3/19/02 6/1/06, 71 FR 31093.
continuous emission
monitoring systems.
R 336.2159....................... Alternative 3/19/02 6/1/06, 71 FR 31093.
continuous emission
monitoring systems.
R 336.2170....................... Monitoring data 3/19/02 6/1/06, 71 FR 31093.
reporting and
recordkeeping.
R 336.2175....................... Data reduction 11/15/04 6/1/06, 71 FR 31093.
procedures for
fossil fuel-fired
steam generators.
R 336.2176....................... Data reduction 1/18/80 11/2/88, 53 FR 44189
procedures for
sulfuric acid
plants.
R 336.2189....................... Alternative data 3/19/02 6/1/06, 71 FR 31093.
reporting or
reduction
procedures.
R 336.2190....................... Monitoring System 3/19/02 6/1/06, 71 FR 31093.
Malfunctions.
R 336.2199....................... Exemptions from 1/18/80 11/2/88, 53 FR 44189 All except section
continuous emission (c).
monitoring
requirements.
----------------------------------------------------------------------------------------------------------------
Part 16. Organization, Operation and Procedures
----------------------------------------------------------------------------------------------------------------
R 336.2606....................... Declaratory rulings 1/18/80 11/2/88, 53 FR 44189
requests.
R 336.2607....................... Consideration and 1/18/80 11/2/88, 53 FR 44189
disposition of
declaratory rulings
requests.
----------------------------------------------------------------------------------------------------------------
Part 17. Hearings
----------------------------------------------------------------------------------------------------------------
R 336.2701....................... Procedures from 4/10/00 6/28/02, 67 FR 43548
Administrative
Procedures Act.
R 336.2702....................... Service of notices 4/10/00 6/28/02, 67 FR 43548
and orders;
appearances.
R 336.2704....................... Hearing 1/18/80 11/2/88, 53 FR 44189
commissioner's
hearings.
R 336.2705....................... Agency files and 1/18/80 11/2/88, 53 FR 44189
records, use in
connection with
hearings.
R 336.2706....................... Commission hearings 1/18/80 11/2/88, 53 FR 44189
after hearing
commissioner
hearings.
----------------------------------------------------------------------------------------------------------------
[[Page 177]]
Executive Orders
----------------------------------------------------------------------------------------------------------------
1991-31.......................... Commission of 1/7/92 11/6/97, 62 FR 59995 Introductory and
Natural Resources, concluding words of
Department of issuance; Title I:
Natural Resources, General, Part A
Michigan Department Sections 1, 2, 4 &
of Natural 5 and Part B; Title
Resources, III: Environmental
Executive Protection, Part A
Reorganization. Sections 1 & 2 and
Part D; Title IV:
Miscellaneous,
Parts A & B, Part C
Sections 1, 2 & 4
and Part D.
1995-18.......................... Michigan Department 9/30/95 11/6/97, 62 FR 59995 Introductory and
of Environmental concluding words of
Quality, Michigan issuance;
Department of Paragraphs 1, 2,
Natural Resources, 3(a) & (g), 4, 7,
Executive 8, 9, 10, 11, 12,
Reorganization. 13, 15, 16, 17, and
18.
----------------------------------------------------------------------------------------------------------------
State Statutes
----------------------------------------------------------------------------------------------------------------
Act 250 of 1965, as amended...... Tax Exemption Act... 1972 5/31/72, 37 FR 10841
Act 348 of 1965, as amended...... Air Pollution Act... 1972 5/31/72, 37 FR 10841
Act 348 of 1965, as amended...... Air Pollution Act... 1986 2/17/88, 53 FR 4622. Only section 7a.
Act 348 of 1965, as amended...... Air Pollution Act... 1990 3/8/94, 59 FR 10752. Only sections 5 and
14a.
Act 127 of 1970.................. Michigan 7/27/70 5/31/72, 37 FR 10841
Environmental
Protection Act.
Act 283 of 1964, as amended...... Weights and Measures 8/28/64 5/5/97, 62 FR 24341. Only chapter 290,
Act. sections 613 and
615.
Act 44 of 1984, as amended....... Michigan Motor Fuels 11/13/93 5/5/97, 62 FR 24341. Only chapter 290,
Quality Act. sections 642, 643,
645, 646, 647, and
649.
Act 12 of 1993................... Small Business Clean 4/1/93 6/3/94, 59 FR 28785.
Air Assistance Act.
Act 451 of 1994, as amended...... Natural Resources 3/30/95 2/10/98, 63 FR 6650. Only sections
and Environmental 324.5524 and
Protection Act. 324.5525.
House Bill 4165.................. Motor Vehicle 11/13/93 2/21/96, 61 FR 31831
Emissions
Inspection and
Maintenance Program
Act.
House Bill 4898.................. An Act to amend 11/13/93 10/11/94, 59 FR
section 3 of Act 44 51379.
of 1984.
House Bill 5016.................. Motor Vehicle 11/13/93 3/7/95, 60 FR 12459.
Emissions Testing
Program Act.
House Bill 5508.................. Amendment to Motor 4/06/06 3/2/07, 72 FR 4432..
Fuels Quality Act,
Act 44 of 1984.
Senate Bill 726.................. An Act to amend 11/13/93 9/7/94, 59 FR 46182.
sections 2, 5, 6,
7, and 8 of Act 44
of 1984.
----------------------------------------------------------------------------------------------------------------
Local Regulations
----------------------------------------------------------------------------------------------------------------
City of Grand Rapids Ordinance 72- City of Grand Rapids 1972 5/31/72, 57 FR 10841 Ordinance amends
34. Air Pollution sections 9.35 and
Control Regulations. 9.36 of article 4,
Chapter 151 Title
IX of the Code of
the City of Grand
Rapids.
Muskegon County Air Pollution Muskegon County Air 3/27/73 5/16/84, 49 FR 20650 Only article 14,
Control Rules. Pollution Control section J.
Rules and
Regulations, as
amended.
Wayne County Air Pollution Wayne County Air 3/20/69 5/16/80, 45 FR 29790
Control Regulations. Pollution Control
Regulations.
Wayne County variance............ Minutes from 1981 9/18/81 5/16/80, 45 FR 29790
board meeting.
[[Page 178]]
Wayne County Air Pollution Wayne County Air 11/18/85 5/13/93, 58 FR 28359 Only: chapters 1, 2,
Control Ordinance. Pollution Control 3, 5 (except for
Ordinance. the portions of
section 501 which
incorporate by
reference the
following parts of
the state rules:
the quench tower
limit in R
336.1331, Table 31,
section C.8; the
deletion of the
limit in R 336.1331
for coke oven coal
preheater
equipment; and R
336.1355), 8
(except section
802), 9, 11, 12,
13, and appendices
A and D.
----------------------------------------------------------------------------------------------------------------
Part 18. Prevention of Significant Deterioration of Air Quality
----------------------------------------------------------------------------------------------------------------
R 336.2801....................... Definitions......... December 4, March 25, 2010, 75 All sections except
2006 FR 14352. for (j) and (ff),
[reserved in
original rule].
R 336.2801....................... Definitions......... September March 25, 2010, 75 Sections (hh) and
11, 2008 FR 14352. (r)(ii).
R 336.2801....................... Definitions......... September September 27, 2010, Section (ee).
11, 2008 75 FR 59081.
R 336.2802....................... Applicability....... December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2803....................... Ambient Air December 4, March 25, 2010, 75
Increments. 2006 FR 14352.
R 336.2804....................... Ambient Air Ceilings December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2805....................... Restrictions on Area December 4, March 25, 2010, 75
Classifications. 2006 FR 14352.
R 336.2806....................... Exclusions from December 4, March 25, 2010, 75
Increment 2006 FR 14352.
Consumption.
R 336.2807....................... Redesignation....... December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2808....................... Stack Heights....... December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2809....................... Exemptions.......... December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2810....................... Control Technology December 4, March 25, 2010, 75
Review. 2006 FR 14352.
R 336.2811....................... Source Impact December 4, March 25, 2010, 75
Analysis. 2006 FR 14352.
R 336.2812....................... Air Quality Models.. December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2813....................... Air Quality Analysis December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2814....................... Source Information.. December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2815....................... Additional Impact December 4, March 25, 2010, 75
Analyses. 2006 FR 14352.
R 336.2816....................... Sources impacting June 30, September 12, 2012,
federal class I 2011 77 FR 56124.
areas; additional
requirements.
[[Page 179]]
R 336.2817....................... Public Participation December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2818....................... Source Obligation... December 4, March 25, 2010, 75
2006 FR 14352.
R 336.2818....................... Source Obligation... September September 27, 2010, Section (3).
11, 2008 75 FR 59081.
R 336.2819....................... Innovative Control December 4, March 25, 2010, 75
Technology. 2006 FR 14352.
R 336.2823....................... Actuals Plantwide December 4, March 25, 2010, 75 Only sections (1)
Applicability 2006 FR 14352. through (14).
Limits (PALs).
----------------------------------------------------------------------------------------------------------------
(d) EPA approved state source-specific requirements.
EPA-Approved Michigan Source-Specific Provisions
----------------------------------------------------------------------------------------------------------------
State
Name of source Order No. effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Allied Signal, Inc., Detroit Tar 4-1993.............. 10/12/94 1/17/95, 60 FR 3346.
Plant, Wayne County.
American Colloid Plant........... Permit 341-79....... 12/18/79 9/15/83, 48 FR 41403
American Colloid Plant........... Permit 375-79....... 11/23/79 9/15/83, 48 FR 41403
Asphalt Products Company, Plant 5-1993.............. 10/12/94 1/17/95, 60 FR 3346.
5A, Wayne County.
Clark Oil and Refining 6-1981.............. 6/24/82 12/13/82, 47 FR
Corporation, Calhoun County. 55678.
Clawson Concrete Company, Plant 6-1993.............. 10/12/94 1/17/95, 60 FR 3346.
1, Wayne County.
Conoco, Inc., Berrien County..... 17-1981............. 9/28/81 2/17/82, 47 FR 6828.
Consumers Power Company, B. C. 6-1979.............. 12/10/79 5/1/81, 46 FR 24560.
Cobb Plant, Muskegon County.
Consumers Power Company, J.H. 12-1984............. 10/1/84 1/12/87, 52 FR 1183.
Campbell Plant, Units 1 and 2,
Ottawa County.
Continental Fibre Drum, Inc., 14-1987............. 12/9/87 6/11/92, 57 FR 24752
Midland County.
Cummings-Moore Graphite Company, 7-1993.............. 10/12/94 1/17/95, 60 FR 3346.
Wayne County.
CWC Castings Division of Textron, 12-1979............. 2/15/80 5/16/84, 49 FR 20650
Muskegon County.
Delray Connecting Railroad 8-1993.............. 10/12/94 1/17/95, 60 FR 3346.
Company, Wayne County.
Detroit Edison Company, Boulevard 7-1981.............. 4/28/81 5/4/82, 47 FR 19133.
Heating Plant, Wayne County.
Detroit Edison Company, City of 4-1978.............. 11/14/78 8/25/80, 45 FR 56344
St. Clair, St. Clair County.
Detroit Edison Company, Monroe 9-1977.............. 7/7/77 12/21/79, 44 FR
County. 75635 (correction:
3/20/80, 45 FR
17997).
Detroit Edison Company, River 9-1993.............. 10/12/94 1/17/95, 60 FR 3346.
Rouge Power Plant, Wayne County.
Detroit Edison Company, Sibley 10-1993............. 10/12/94 1/17/95, 60 FR 3346.
Quarry, Wayne County.
Detroit Water and Sewerage 11-1993............. 10/12/94 1/17/95, 60 FR 3346.
Department, Wastewater Treatment
Plant, Wayne County.
[[Page 180]]
Diamond Crystal Salt Company, St. 13-1982............. 9/8/82 3/14/83, 48 FR 9256.
Clair County.
Dow Chemical Company, Midland 12-1981............. 6/15/81 3/24/82, 47 FR 12625
County.
Dow Chemical Company, West Side 19-1981............. 7/21/81 3/24/82, 47 FR 12625 Only sections A(3),
and South Side Power Plants, B, C, D, and E.
Midland County.
Dundee Cement Company, Monroe 8-1979.............. 10/17/79 8/11/80, 45 FR 53137
County.
Dundee Cement Company, Monroe 16-1980............. 11/19/80 12/3/81, 46 FR 58673
County.
Eagle Ottawa Leather Company, 7-1994.............. 7/13/94 10/23/95, 60 FR
Ottawa County. 54308.
Edward C. Levy Company, Detroit 15-1993............. 10/12/94 1/17/95, 60 FR 3346.
Lime Company, Wayne County.
Edward C. Levy Company, Plant 16-1993............. 10/12/94 1/17/95, 60 FR 3346.
1, Wayne County.
Edward C. Levy Company, Plant 17-1993............. 10/12/94 1/17/95, 60 FR 3346.
3, Wayne County.
Edward C. Levy Company, Plant 19-1993............. 10/12/94 1/17/95, 60 FR 3346.
4 and 5, Wayne County.
Edward C. Levy Company, Plant 18-1993............. 10/12/94 1/17/95, 60 FR 3346.
6, Wayne County.
Edward C. Levy Company, Scrap Up- 20-1993............. 10/12/94 1/17/95, 60 FR 3346.
Grade Facility, Wayne County.
Enamalum Corporation, Oakland 6-1994.............. 6/27/94 2/21/96, 61 FR 6545.
County.
Ferrous Processing and Trading 12-1993............. 10/12/94 1/17/95, 60 FR 3346.
Company, Wayne County.
Ford Motor Company, Rouge 13-1993............. 10/12/94 1/17/95, 60 FR 3346.
Industrial Complex, Wayne County.
Ford Motor Company, Utica Trim 39-1993............. 11/12/93 9/7/94, 59 FR 46182.
Plant, Macomb County.
Ford Motor Company, Vulcan Forge, 14-1993............. 10/12/94 1/17/95, 60 FR 3346.
Wayne County.
General Motors Corporation, 18-1981............. 7/28/83 5/16/84, 49 FR 20649 Original order
Warehousing and Distribution effective 12/1/81,
Division, Genesee County. as altered
effective 7/28/83.
General Motors Corporation, Buick 10-1979............. 5/5/80 2/10/82, 47 FR 6013.
Motor Division Complex, Flint,
Genesee County.
General Motors Corporation, Buick 8-1982.............. 4/2/84 8/22/88, 53 FR 31861 Original order
Motor Division, Genesee County. effective 7/12/82,
as altered
effective 4/2/82.
General Motors Corporation, 12-1982............. 7/22/82 7/5/83, 48 FR 31022.
Cadillac Motor Car Division,
Wayne County.
General Motors Corporation, 8-1983.............. 6/9/83 12/13/85, 50 FR Supersedes paragraph
Central Foundry Division, 50907. 7.F of order 6-
Saginaw Malleable Iron Plant, 1980.
Saginaw County.
General Motors Corporation, 6-1980.............. 7/30/82 8/15/83, 48 FR 36818 Paragraph 7.F
Central Foundry Division, superseded by order
Saginaw Malleable Iron Plant, 8-1983. Original
Saginaw County. order effective 6/3/
80, as altered
effective 7/30/82.
General Motors Corporation, 10-1982............. 7/12/82 7/5/83, 48 FR 31022.
Chevrolet Flint Truck Assembly,
Genesee County.
General Motors Corporation, 1-1980.............. 4/16/80 2/10/82, 47 FR 6013.
Chevrolet Motor Division,
Saginaw Grey Iron Casting Plant
and Nodular Iron Casting Plant,
Saginaw County.
[[Page 181]]
General Motors Corporation, 11-1982............. 7/22/82 7/5/83, 48 FR 31022.
Fisher Body Division, Fleetwood,
Wayne County.
General Motors Corporation, 9-1982.............. 7/12/82 7/5/83, 48 FR 31022.
Fisher Body Division, Flint No.
1, Genesee County.
General Motors Corporation, GM 5-1983.............. 5/5/83 12/13/84, 49 FR 5345
Assembly Division, Washtenaw
County.
General Motors Corporation, Hydra- 3-1982.............. 6/24/82 3/4/83, 48 FR 9256..
Matic Division, Washtenaw County.
General Motors Corporation, 4-1983.............. 5/5/83 12/13/84, 49 FR 5345
Oldsmobile Division, Ingham
County.
Hayes-Albion Corporation Foundry, 2-1980.............. 2/2/82 48 FR 41403......... Original order
Calhoun County. effective 2/15/80,
as altered
effective 2/2/82.
J. H. Campbell Plant, Ottawa 5-1979.............. 2/6/80 12/24/80, 45 FR Original order
County. 85004 (correction: effective 6/25/79,
3/16/81 46 FR as altered
16895). effective 2/6/80.
Keywell Corporation, Wayne County 31-1993............. 10/12/94 1/17/95, 60 FR 3346.
Lansing Board of Water and Light. 4-1979.............. 5/23/79 12/17/80, 45 FR All except sections
82926. 7 A, B, C1, D, E,
F, and section 8.
Marathon Oil Company, Muskegon 16-1981............. 7/31/81 2/22/82, 47 FR 7661.
County.
Marblehead Lime Company, Brennan 21-1993............. 10/12/94 1/17/95, 60 FR 3346.
Avenue Plant, Wayne County.
Marblehead Lime Company, River 22-1993............. 10/12/94 1/17/95, 60 FR 3346.
Rouge Plant, Wayne County.
McLouth Steel Company, Trenton 23-1993............. 10/12/94 1/17/95, 60 FR 3346.
Plant, Wayne County.
Michigan Foundation Company, 24-1993............. 10/12/94 1/17/95, 60 FR 3346.
Cement Plant, Wayne County.
Michigan Foundation Company, 25-1993............. 10/12/94 1/17/95.60 FR 3346..
Sibley Quarry, Wayne County.
Monitor Sugar Company, Bay County 21-1981............. 10/29/81 5/19/82, 47 FR 21534
Morton International, Inc., 26-1993............. 10/12/94 1/17/95, 60 FR 3346.
Morton Salt Division, Wayne
County.
National Steel Corporation, Great 27-1993............. 10/12/94 1/17/95, 60 FR 3346.
Lakes Division, Wayne County.
National Steel Corporation, 28-1993............. 10/12/94 1/17/95, 60 FR 3346.
Transportation and Materials
Handling Division, Wayne County.
New Haven Foundry, Inc., Macomb 12-1980............. 8/14/80 2/10/82, 47 FR 6013.
County.
Northern Michigan Electric 16-1979............. 1/10/80 46 FR 34584.........
Cooperative Advance Steam Plant,
Charlevoix County.
Packaging Corporation of America, 23-1984............. 7/8/85 5/4/87, 52 FR 16246.
Manistee County.
Peerless Metal Powders, 29-1993............. 10/12/94 1/17/95, 60 FR 3346.
Incorporated, Wayne County.
Rouge Steel Company, Wayne County 30-1993............. 10/12/94 1/17/95, 60 FR 3346.
S. D. Warren Company, Muskegon... 9-1979.............. 10/31/99 1/27/81, 46 FR 8476.
St. Marys Cement Company, Wayne 32-1993............. 10/12/94 1/17/95, 60 FR 3346.
County.
[[Page 182]]
Traverse City Board of Light and 23-1981............. 1/4/82 5/19/82, 47 FR 21534
Power, Grand Traverse County.
Union Camp Corporation, Monroe 14-1979............. 1/3/80 5/14/81, 46 FR 26641
County.
United States Gypsum Company, 33-1993............. 10/12/94 1/17/95, 60 FR 3346.
Wayne County.
VCF Films, Inc., Livingston 3-1993.............. 6/21/93 9/7/94, 59 FR 46182.
County.
Woodbridge Corporation, Washtenaw 40-1993............. 11/12/93 9/7/94, 59 FR 46182.
County.
Wyandotte Municipal Power Plant, 34-1993............. 10/12/94 1/17/95, 60 FR 3346.
Wayne County.
----------------------------------------------------------------------------------------------------------------
(e) EPA approved nonregulatory and quasi-regulatory provisions.
EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or EPA approval
provision nonattainment State submittal date date Comments
area
----------------------------------------------------------------------------------------------------------------
Implementation plan for the Statewide....... 2/3/72 5/31/72, 37 FR Sections
control of suspended 10841. include: Air
particulates, sulfur oxides, quality control
carbon monoxide, regions, legal
hydrocarbons, nitrogen authority, air
oxides, and photochemical quality data,
oxidants in the state of emission data,
Michigan. control
strategy,
control
regulations,
compliance
plans and
schedules,
prevention of
air pollution
emergency
episodes, air
quality
surveillance
program,
control of
emission
sources,
organization
and resources,
and
intergovernment
al cooperation.
Reevaluation of control Berrien and 3/3/72 10/28/72, 37 FR
strategies. Ingham Counties. 23085.
Reasons and justifications... Statewide....... 7/12/72 10/28/72, 37 FR Concerning
23085. general
requirements of
control
strategy for
nitrogen
dioxide,
compliance
schedules, and
review of new
sources and
modifications.
Public availability of Statewide....... 7/24/72 10/28/72, 37 FR
emissions data. 23085.
Compliance schedules......... Alpena, Baraga, 5/4/73, 9/19/73, 10/23/73, 8/5/74, 39 FR
Charlevoix, and 12/13/73 28155.
Huron, Ionia,
Marquette,
Midland,
Muskegon,
Oakland,
Otsego, and St.
Clair Counties.
Compliance schedules......... Allegan, Eaton, 2/16/73 and 5/4/73 9/10/74, 39 FR
Emmet, Genesee, 32606.
Huron, Ingham,
Macomb, Monroe,
Ottawa,
Saginaw, and
St. Clair
Counties.
Air quality maintenance area Macomb, Oakland, 6/27/74 and 10/18/74 6/2/75, 40 FR
identifications for Wayne and 23746.
particulate matter. Monroe Counties.
[[Page 183]]
Carbon monoxide control Saginaw area.... 4/25/79 5/6/80, 45 FR
strategy. 29790.
Ozone attainment Flint, Lansing 4/25/79, 7/25/79, 10/12/79, 6/2/80, 45 FR
demonstrations and and Grand 10/26/79, 11/8/79, 12/26/ 37188.
transportation control plans. Rapids urban 79
areas.
Transportation control plans. Detroit urban 4/25/79, 7/25/79, 10/12/79, 6/2/80, 45 FR
area. 10/26/79, 11/8/79, 12/26/ 37188.
79
Ozone control strategy for Marquette, 4/25/79, 7/25/79, 10/12/79, 6/2/80, 45 FR
rural ozone nonattainment Muskegon, 10/26/79, 11/8/79, 12/26/ 37188.
areas. Gratiot, 79
Midland,
Saginaw, Bay,
Tuscola, Huron,
Sanilac,
Ottawa, Ionia,
Shiawassee,
Lapeer,
Allegan, Barry,
Van Buren,
Kalamazoo,
Calhoun,
Jackson,
Berrien, Cass,
Branch,
Hillsdale, and
Lenawee
Counties.
Carbon monoxide and ozone Detroit urban 4/25/79, 7/25/79, 10/12/79, 6/2/80, 45 FR
demonstrations of attainment area. 10/26/79, 11/8/79, 12/26/ 37192.
and I/M program. 79, 3/20/80, 5/12/80, and
5/21/80
Ambient air quality Statewide....... 12/19/79 3/4/81, 46 FR
monitoring, data reporting, 15138.
and surveillance provisions.
Transportation control plan.. Niles........... 4/25/79, 10/26/79, 11/8/79, 4/17/81, 46 FR
12/26/79, 8/4/80, and 8/8/ 22373.
80
Provisions addressing Statewide....... 4/25/79 and 10/12/79 6/5/81, 46 FR Concerns permit
sections 110(a)(2)(K), 30082. fees,
126(a)(2), 127, and 128 of interstate
the Clean Air Act as amended pollution,
in 1977. public
notification,
and state
boards.
Section 121, Statewide....... 5/25/79 11/27/81, 46 FR
intergovernmental 57893.
consultation.
Total suspended particulate Detroit area.... 3/7/80 and 4/21/81 2/18/82, 47 FR
studies. 7227.
Lead plan.................... Statewide....... 12/27/79 and 2/9/81 4/13/82, 47 FR
15792.
Reduction in size of Detroit Wayne, Oakland, 9/1/82 7/7/83, 48 FR
ozone area. Macomb, 31199.
Livingston,
Monroe, St.
Clair, and
Washtenaw
Counties.
Negative declarations........ Wayne, Oakland 10/10/83, 5/17/85, and 6/12/ 11/24/86, 51 FR Includes large
and Macomb 85 42221. petroleum dry
Counties. cleaners, high-
density
polyethylene,
polypropylene,
and polystyrene
resin
manufacturers,
and synthetic
organic
chemical
manufacturing
industry--oxida
tion.
Information relating to order Genesee County.. 9/6/84 8/22/88, 53 FR
8-1982: letter dated 9/6/84 31861.
from Michigan Department of
Natural Resources to EPA.
[[Page 184]]
Information relating to order Midland County.. 12/17/87 10/3/89, 54 FR
14-1987: letter dated 12/17/ 40657.
87 from Michigan Department
of Natural Resources to EPA.
Appendices A and D of Wayne Wayne County.... 10/10/86 5/13/93, 58 FR Effective 11/18/
County Air Pollution Control 28359. 85.
Ordinance.
Information supporting Statewide....... 11/16/92, 10/25/93, and 2/7/ 3/8/94, 59 FR
emissions statement program. 94 10752.
1990 base year emissions Grand Rapids and 1/5/93 7/26/94, 59 FR
inventory. Muskegon areas. 37944.
Section 182(f) NOX exemption. Detroit-Ann 11/12/93 8/10/94, 59 FR
Arbor area. 40826.
Negative declarations........ Livingston, 3/30/94 9/7/94, 59 FR Includes: Large
Macomb, Monroe, 46182. petroleum dry
Oakland, St. cleaners, SOCMI
Clair, air oxidation
Washtenaw, processes, high-
Wayne, Kent, density
Ottawa, and polyethylene
Muskegon and
Counties. polypropylene
resin
manufacturing
and pneumatic
rubber tire
manufacturing.
I/M program.................. Grand Rapids and 11/12/93 and 7/19/94 10/11/94, 59 FR Includes:
Muskegon areas. 51379. document
entitled
``Motor Vehicle
Emissions
Inspection and
Maintenance
Program for
Southeast
Michigan, Grand
Rapids MSA, and
Muskegon MSA
Moderate
Nonattainment
Areas,'' RFP,
and
supplemental
materials.
1990 base year emissions Detroit-Ann 11/12/93 3/7/95, 60 FR
inventory and 1-hour ozone Arbor area 12459.
maintenance plan. (Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
Section 182(f) NOX exemptions Clinton, Ingham, 7/1/94 and 7/8/94 4/27/95, 60 FR
Eaton, and 20644.
Genesee
Counties.
Section 182(f) NOX exemptions Kent, Ottawa, 7/13/94 1/26/96, 61 FR
Muskegon, 2428.
Allegan, Barry,
Bay, Berrien,
Branch,
Calhoun, Cass,
Clinton, Eaton,
Gratiot,
Genesee,
Hillsdale,
Ingham, Ionia,
Jackson,
Kalamazoo,
Lenawee,
Midland,
Montcalm, St.
Joseph,
Saginaw,
Shiawassee, and
Van Buren
Counties.
1-hour ozone maintenance plan Grand Rapids 3/9/95 6/21/96, 61 FR
area. 31831.
PM-10 maintenance plan....... Wayne County.... 7/24/95 8/5/96, 61 FR
40516.
General conformity........... Statewide....... 11/29/94 12/18/96, 61 FR
66607.
[[Page 185]]
Transportation conformity.... Statewide....... 11/24/94 12/18/96, 61 FR
66609.
7.8 psi Reid vapor pressure Wayne, Oakland, 5/16/96, 1/5/96, and 5/14/ 5/5/97, 62 FR Includes: letter
gasoline-supplemental Macomb, 96 24341. from Michigan
materials. Washtenaw, Governor John
Livingston, St. Engler to
Clair, and Regional
Monroe Counties. Administrator
Valdas Adamkus,
dated 1/5/96,
letter from
Michigan
Director of
Environmental
Quality Russell
Harding to
Regional
Administrator
Valdas Adamkus,
dated 5/14/96,
and state
report entitled
``Evaluation of
Air Quality
Contingency
Measures for
Implementation
in Southeast
Michigan''.
Section 182(f) NOX exemption. Muskegon County. 11/22/95 9/26/97, 62 FR
50512.
Carbon monoxide maintenance Detroit area 3/18/99 6/30/99, 64 FR
plan. (portions of 35017.
Wayne, Oakland,
and Macomb
Counties).
1-hour ozone maintenance plan Muskegon County. 3/9/95 8/30/00, 65 FR
52651.
1-hour ozone maintenance plan Allegan County.. 9/1/00 and 10/13/00 11/24/00, 65 FR
70490.
1-hour ozone maintenance plan Genesee, Bay 5/9/00 11/13/00, 65 FR
Midland, and 67629.
Saginaw
Counties.
1-hour ozone maintenance plan Muskegon County. 3/22/01 8/6/01, 66 FR Revision to
revision. 40895. motor vehicle
emission
budgets.
8-hour ozone maintenance plan Grand Rapids 5/9/06, 5/26/06, and 8/25/ 5/16/2007.......
(Kent and 06
Ottawa
Counties),
Kalamazoo-
Battle Creek
(Calhoun,
Kalamazoo, and
Van Buren
Counties),
Lansing-East
Lansing
(Clinton,
Eaton, and
Ingham
Counties),
Benzie County,
Huron County,
and Mason
County.
8-hour ozone maintenance plan Flint (Genesee 6/13/06, 8/25/06, and 11/30/ 5/16/2007....... ................
and Lapeer 06
Counties),
Muskegon
(Muskegon
County), Benton
Harbor (Berrien
County), and
Cass County.
8-hour ozone maintenance plan Detroit-Ann 3/6/2009 6/29/2009.......
Arbor (Lenawee,
Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
Section 110(a)(2) Statewide....... 12/6/07, 7/19/08, and 4/6/ 7/13/11, 76 FR This action
Infrastructure Requirements 11 41075. addresses the
for the 1997 8-Hour Ozone following CAA
NAAQS. elements:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
[[Page 186]]
Section 110(a)(2) Statewide....... 12/6/07, 7/19/08, and 4/6/ 7/13/11, 76 FR This action
Infrastructure Requirements 11 41075. addresses the
for the 1997 PM2.5 NAAQS. following CAA
elements:
110(a)(2)(A),
(B), (C),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M).
Section 110(a)(2) Statewide....... 8/15/2011, 7/9/2012 10/29/2012, 77 This action
Infrastructure Requirements FR 65478. addresses the
for the 2006 24-Hour PM2.5 following CAA
NAAQS. elements:
110(a)(2)(A),
(B), (C),
(D)(i)(II),
(D)(ii), (E),
(F), (G), (H),
(J), (K), (L),
and (M). We are
not taking
action on the
visibility
protection
requirements of
(D)(i)(II) and
the state board
requirements of
(E)(ii). We
will address
these
requirements in
a separate
action. We are
taking no
action on
portions of
Michigan's
infrastructure
SIP submission
addressing the
relevant
prevention of
significant
deterioration
requirements of
the 2008 NSR
Rule
(identifying
PM2.5
precursors, and
the regulation
of PM2.5 and
PM10
condensables in
permits) and
the Phase 2
Rule
(identification
of NOX as a
precursor to
ozone) with
respect to
section
110(a)(2)(C),
(D)(i)(II), and
(J).
1997 Annual Fine Particulate Detroit-Ann 6/13/08 11/6/12, 77 FR ................
Matter 2005 Base Year Arbor area 66547.
Emissions Inventory. (Livingston,
Macomb, Monroe,
Oakland, St.
Clair,
Washtenaw, and
Wayne Counties).
Regional Haze Plan........... Statewide....... 11/5/2010 12/3/2012, 77 FR Addresses all
71533. regional haze
plan elements
except BART
emission
limitations for
EGUs, St. Marys
Cement,
Escanaba Paper,
and Tilden
Mining
----------------------------------------------------------------------------------------------------------------
[[Page 187]]
[71 FR 52469, Sept. 6, 2006, as amended at 72 FR 4435, Jan. 31, 2007; 72
FR 43172, Aug. 3, 2007; 72 FR 72262, Dec. 20, 2007; 72 FR 60783, 60786,
Dec. 26, 2007; 73 FR 5104, Jan. 29, 2008; 74 FR 30952, June 29, 2009; 74
FR 23954, May 22, 2009; 74 FR 41640, Aug. 18, 2009; 75 FR 14354, Mar.
25, 2010; 75 FR 59083, Sept. 27, 2010; 76 FR 41085, July 13, 2011; 77 FR
56125, Sept. 12, 2012; 77 FR 65487, Oct. 29, 2012; 77 FR 66548, Nov. 6,
2012; 77 FR 71549, Dec. 3, 2012]
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 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
[[Page 188]]
method for determining compliance with the rule.
(6) Rule 336.1352--The State adopts and submits the following
clarifications to the rule: (a) The rule regulates emissions from the
receiving car itself during the pushing operation; (b) in the phrase
``eight consecutive trips,'' ``consecutive'' is defined as
``consecutively observed trips''; (c) the word ``trips'' is defined as
``trips per battery'' or ``trips per system''; (d) the 40% opacity
fugitive emissions limitation refers to an instantaneous reading and not
an average; (e) the method of reading opacity is defined.
(7) Rule 336.1353--The State adopts and submits: (a) An acceptable
test methodology for determining compliance with the rule; and (b) a
clarification that the exception to the visible emission prohibition of
4% of standpipe emission points refers to ``operating'' ovens.
(8) Rule 336.1356--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
(9) Rule 336.1357--The State adopts and submits a clarification of
the test methodology to determine compliance with the rule.
(10) The State adopts and submits a regulation reflecting RACT for
coke battery combustion stacks.
(11) The State adopts and submits an acceptable test method for
application of Rule 336.1331, Table 32 to quench towers, or, in the
alternative, adopts and submits a limitation reflecting RACT for quench
tower emissions based on the quantity of total dissolved solids in the
quench water.
(12) The State adopts and submits rules requiring RACT for scarfing
emissions.
(13) Part 10 Testing--The State adopts and submits the following
clarifications to the test methods: (a) Testing of fugitive emissions
from blast furnaces are conducted during the cast; (b) the starting and
ending period is specified for basic oxygenfurnaces (for both primary
and secondary emissions generating operations), electric arc furnaces
and for each of the three emission points at sinter plants.
(14) The State conducts additional particulate studies in the
Detroit area by September, 1980.
(c) Disapprovals. EPA disapproves the following specific revisions
to the Michigan Plan:
(1) The State submitted Consent Order No. 16-1982 on June 24, 1982,
Great Lakes Steel, a Division of the National Steel Corporation as a
revision to the Michigan State Implementation Plan. EPA disapproves this
revision, because it does not satisfy all the requirements of EPA's
proposed Emission Trading Policy Statement of April 7, 1982 (47 FR
15076).
(d) Approval--On April 29, 1988, the State of Michigan submitted a
committal SIP for particulate matter with an aerodynamic diameter equal
to or less than 10 micrometers (PM10) for Michigan's Group II
areas. The Group II areas of concern are in the City of Monroe and an
area surrounding the City of Carrollton. The committal SIP contains all
the requirements identified in the July 1, 1987, promulgation of the SIP
requirements for PM10 at 52 FR 24681.
(e) [Reserved]
(f) On July 24, 1995, the Michigan Department of Natural Resources
requested the redesignation of Wayne County to attainment of the
National Ambient Air Quality Standard for particulate matter. The
State's maintenance plan is complete and the redesignation satisfies all
of the requirements of the Act.
(g) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the particulate State
Implementation Plan for general conformity rules. The general conformity
SIP revisions enable the State of Michigan to implement and enforce the
Federal general conformity requirements in the nonattainment or
maintenance areas at the State or local level in accordance with 40 CFR
part 93, subpart B--Determining Conformity of General Federal Actions to
State or Federal Implementation Plans.
(h) Determination of Attainment. EPA has determined, as of November
6, 2012, that based on 2009-2011 ambient air quality data, the Detroit-
Ann Arbor nonattainment area has attained the
[[Page 189]]
1997 annual PM2.5 NAAQS. This determination, in accordance
with 40 CFR 51.1004(c), suspends the requirements for this area to
submit an attainment demonstration, associated reasonably available
control measures, a reasonable further progress plan, contingency
measures, and other planning SIPs related to attainment of the standard
for as long as this area continues to meet the 1997 annual
PM2.5 NAAQS.
(i) Pursuant to Clean Air Act section 179(c), EPA has determined
that the Detroit-Ann Arbor area attained the annual 1997
PM2.5 NAAQS by the applicable attainment date, April 5, 2010.
[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; 77 FR 66547, Nov. 6, 2012]
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)(1) 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).
(2) Approval--On November 12, 1993, the Michigan Department of
Natural Resources submitted a petition for exemption from the oxides of
nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor
ozone nonattainment area. The submittal pertained to the exemption from
the oxides of nitrogen requirements for conformity, inspection and
maintenance, reasonably available control technology, and new source
review. These are required by sections 176(c), 182(b)(4), and 182(f) of
the 1990 amended Clean Air Act, respectively.
(d) In a letter addressed to David Kee, EPA, dated March 30, 1994,
Dennis M. Drake, State of Michigan, stated:
(1) Michigan has not developed RACT regulations for the following
industrial source categories, which have been addressed in Control
Techniques Guidance (CTG) documents published prior to the Clean Air Act
Amendments of 1990, because no affected sources are located in the
moderate nonattainment counties:
(i) Large petroleum dry cleaners;
(ii) SOCMI air oxidation processes;
(iii) High-density polyethylene and polypropylene resin
manufacturing; and
[[Page 190]]
(iv) Pneumatic rubber tire manufacturing.
(2) (Reserved)
(e) Approval--On July 1, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the East Lansing ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
Theses are required by sections 176(c) and 182(f) of the 1990 amended
Clean Air Act, respectively. If a violation of the ozone standard occurs
in the East Lansing ozone nonattainment area, the exemption shall no
longer apply.
(f) Approval--On July 8, 1994, the Michigan Department of Natural
Resources submitted a petition for exemption from the oxides of nitrogen
requirements of the Clean Air Act for the Genesee County ozone
nonattainment area. The submittal pertained to the exemption from the
oxides of nitrogen requirements for conformity and new source review.
These are required by sections 176(c) and 182(f) of the 1990 amended
Clean Air Act, respectively. If a violation of the ozone standard occurs
in the Genesee County ozone nonattainment area, the exemption shall no
longer apply.
(g) [Reserved]
(h) Approval--On January 5, 1993, the Michigan Department of Natural
Resources submitted a revision to the ozone State Implementation Plan
for the 1990 base year emission inventory. The inventory was submitted
by the State of Michigan to satisfy Federal requirements under section
182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the
ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone
nonattainment area. This area includes Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne counties.
(i) Approval--On November 12, 1993, the Michigan Department of
Natural Resources submitted a request to redesignate the Detroit-Ann
Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair,
Washtenaw, and Wayne counties) ozone nonattainment area to attainment
for ozone. As part of the redesignation request, the State submitted a
maintenance plan as required by 175A of the Clean Air Act, as amended in
1990. Elements of the section 175A maintenance plan include a base year
(1993 attainment year) emission inventory for NOX and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories (including interim years) to the year 2005 for
NOX and VOC, a plan to verify continued attainment, a
contingency plan, and an obligation to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If the area
records a violation of the ozone NAAQS (which must be confirmed by the
State), Michigan will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. Appropriateness
of a contingency measure will be determined by an urban airshed modeling
analysis. The Governor or his designee will select the contingency
measure(s) to be implemented based on the analysis and the MDNR's
recommendation. The menu of contingency measures includes basic motor
vehicle inspection and maintenance program upgrades, Stage I vapor
recovery expansion, Stage II vapor recovery, intensified RACT for
degreasing operations, NOX RACT, and RVP reduction to 7.8
psi. The redesignation request and maintenance plan meet the
redesignation requirements in sections 107(d)(3)(E) and 175A of the Act
as amended in 1990, respectively. The redesignation meets the Federal
requirements of section 182(a)(1) of the Clean Air Act as a revision to
the Michigan Ozone State Implementation Plan for the above mentioned
counties.
(j) [Reserved]
(k) Determination--USEPA is determining that, as of July 20, 1995,
the Grand Rapids and Muskegon ozone nonattainment areas have attained
the ozone standard and that the reasonable further progress and
attainment demonstration requirements of section 182(b)(1) and related
requirements of section 172(c)(9) of the Clean Air Act do not apply to
the areas for so long as the areas do not monitor any violations of the
ozone standard. If a violation of the ozone NAAQS is monitored
[[Page 191]]
in either the Grand Rapids or Muskegon ozone nonattainment area, the
determination shall no longer apply for the area that experiences the
violation.
(l) Approval--EPA is approving the section 182(f) oxides of nitrogen
(NOX) reasonably available control technology (RACT), new
source review (NSR), vehicle inspection/maintenance (I/M), and general
conformity exemptions for the Grand Rapids (Kent and Ottawa Counties)
and Muskegon (Muskegon County) moderate nonattainment areas as requested
by the States of Illinois, Indiana, Michigan, and Wisconsin in a July
13, 1994 submittal. This approval also covers the exemption of
NOX transportation and general conformity requirements of
section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch,
Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham,
Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph,
Saginaw, Shiawasse, and Van Buren.
(m) Approval--On November 24, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan. The submittal pertained to a plan for the implementation and
enforcement of the Federal transportation conformity requirements at the
State or local level in accordance with 40 CFR part 51, subpart T--
Conformity to State or Federal Implementation Plans of Transportation
Plans, Programs, and Projects Developed, Funded or Approved Under Title
23 U.S.C. or the Federal Transit Act.
(n) Approval--On November 29, 1994, the Michigan Department of
Natural Resources submitted a revision to the ozone State Implementation
Plan for general conformity rules. The general conformity SIP revisions
enable the State of Michigan to implement and enforce the Federal
general conformity requirements in the nonattainment or maintenance
areas at the State or local level in accordance with 40 CFR part 93,
subpart B--Determining Conformity of General Federal Actions to State or
Federal Implementation Plans.
(o) Approval--On March 9, 1996, the Michigan Department of
Environmental Quality submitted a request to redesignate the Grand
Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties)
to attainment for ozone. As part of the redesignation request, the State
submitted a maintenance plan as required by 175A of the Clean Air Act,
as amended in 1990. Elements of the section 175A maintenance plan
include an attainment emission inventory for NOX and VOC, a
demonstration of maintenance of the ozone NAAQS with projected emission
inventories to the year 2007 for NOX and VOC, a plan to
verify continued attainment, a contingency plan, and a commitment to
submit a subsequent maintenance plan revision in 8 years as required by
the Clean Air Act. If a violation of the ozone NAAQS, determined not to
be attributable to transport from upwind areas, is monitored, Michigan
will implement one or more appropriate contingency measure(s) contained
in the contingency plan. Once a violation of the ozone NAAQS is
recorded, the State will notify EPA, review the data for quality
assurance, and conduct a technical analysis, including an analysis of
meteorological conditions leading up to and during the exceedances
contributing to the violation, to determine local culpability. This
preliminary analysis will be submitted to EPA and subjected to public
review and comment. The State will solicit and consider EPA's technical
advice and analysis before making a final determination on the cause of
the violation. The Governor or his designee will select the contingency
measure(s) to be implemented within 6 months of a monitored violation
attributable to ozone and ozone precursors from the Grand Rapids area.
The menu of contingency measures includes a motor vehicle inspection and
maintenance program, Stage II vapor recovery, RVP reduction to 7.8 psi,
RACT on major non-CTG VOC sources in the categories of coating of
plastics, coating of wood furniture, and industrial cleaning solvents.
The redesignation request and maintenance plan meet the redesignation
requirements in section 107(d)(3)(E) and 175A of the Act as amended in
1990, respectively. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the Michigan
[[Page 192]]
Ozone State Implementation Plan for the above mentioned counties.
(p) Approval--On November 22, 1995 the Michigan Department of
Natural Resources submitted a petition for exemption from transportation
conformity requirements for the Muskegon ozone nonattainment area. This
approval exempts the Muskegon ozone nonattainment area from
transportation conformity requirements under section 182(b)(1) of the
Clean Air Act. If a violation of the ozone standard occurs in the
Muskegon County ozone nonattainment area, the exemption shall no longer
apply.
(q) Correction of approved plan--Michigan air quality Administrative
Rule, R336.1901 (Rule 901)--Air Contaminant or Water Vapor, has been
removed from the approved plan pursuant to section 110(k)(6) of the
Clean Air Act (as amended in 1990).
(r) Approval--On March 9, 1995, the Michigan Department of
Environmental Quality submitted a request to redesignate the Muskegon
County ozone nonattainment area to attainment. As part of the
redesignation request, the State submitted a maintenance plan as
required by 175A of the Clean Air Act, as amended in 1990. Elements of
the section 175A maintenance plan include a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If the area records a violation of the
1-hour ozone NAAQS, determined not to be attributable to transport from
upwind areas, Michigan will implement one or more appropriate
contingency measure(s) which are in the contingency plan. The menu of
contingency measures includes a motor vehicle inspection and maintenance
program, stage II vapor recovery, a low Reid vapor pressure gasoline
program, and rules for industrial cleanup solvents, plastic parts
coating, and wood furniture coating.
(s) Approval--On May 9, 2000, the State of Michigan submitted a
revision to the Michigan State Implementation Plan for ozone containing
a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay
City areas as part of Michigan's request to redesignate the areas from
nonattainment to attainment for ozone. Elements of the section 175A
maintenance plan include a contingency plan, and an obligation to submit
a subsequent maintenance plan revision in 8 years as required by the
Clean Air Act. If monitors in any of these areas record a violation of
the ozone NAAQS (which must be confirmed by the State), Michigan will
adopt, submit to EPA, and implement one or more appropriate contingency
measure(s) which are in the contingency plan and will submit a full
maintenance plan under section 175A of the Clean Air Act. The menu of
contingency measures includes a low Reid vapor pressure gasoline
program, stage I gasoline vapor recovery, and rules for industrial
cleanup solvents, plastic parts coating, and wood furniture coating.
(t) Approval--On March 9, 1995, the Michigan Department of
Environmental Quality submitted a request to redesignate the Allegan
County ozone nonattainment area to attainment. As part of the
redesignation request, the State submitted a maintenance plan as
required by 175A of the Clean Air Act, as amended in 1990. Elements of
the section 175A maintenance plan include a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If the area records a violation of the
1-hour ozone NAAQS, determined not to be attributable to transport from
upwind areas, Michigan will implement one or more appropriate
contingency measure(s) which are in the contingency plan. The menu of
contingency measures includes rules for plastic parts coating, wood
furniture coating, and gasoline loading (Stage I vapor recovery).
(u) Approval--On March 22, 2001, Michigan submitted a revision to
the ozone maintenance plan for the Muskegon County area. The revision
consists of allocating a portion of the Muskegon County area's Volatile
Organic Compounds (VOC) and Oxides of Nitrogen (NOX) safety
margin to the transportation conformity Motor Vehicle Emission Budget
(MVEB). The MVEB for transportation conformity purposes for the Muskegon
County area are now: 8.5 tons per day of VOC emissions and 10.2 tons per
day of NOX emissions for
[[Page 193]]
the year 2010. This approval only changes the VOC and NOX
transportation conformity MVEB for Muskegon County.
(v) Approval--On December 19, 2003, Michigan submitted an update to
the Section 175(A) maintenance plan for the Southeast Michigan 1-hour
ozone maintenance area, which consists of Livingston, Macomb, Monroe,
Oakland, St. Clair, Washtenaw, and Wayne counties. This update addresses
the second 10-year period of maintenance of the ozone standard in
Southeast Michigan, which spans the years 2005 through 2015. The
maintenance plan also revises the Motor Vehicle Emissions Budget (MVEB).
For the year 2005, the MVEB for VOC is 218.1 tons per day (tpd), and the
MVEB for NOX is 412.9 tpd. For the year 2015, the MVEB for
VOC is 172.8 tpd, and the MVEB for NOX is 412.9 tpd.
(w) Approval--On June 17, 2005, the Michigan Department of
Environmental Quality submitted a petition requesting the exemption from
Clean Air Act oxides of nitrogen control requirements in six 8-hour
ozone nonattainment areas. The Grand Rapids, Kalamazoo/Battle Creek,
Lansing/East Lansing, Benzie County, Huron County, and Mason County
nonattainment areas each receive an exemption. Section 182(f) of the
1990 amended Clean Air Act authorizes the exceptions. The exemption will
no longer apply in an area if it experiences a violation of the 8-hour
ozone standard.
(x) Approval--On May 9, 2006, Michigan submitted requests to
redesignate the Grand Rapids (Kent and Ottawa Counties), Kalamazoo-
Battle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East
Lansing (Clinton, Eaton, and Ingham Counties), Benzie County, Huron
County, and Mason County areas to attainment of the 8-hour ozone
National Ambient Air Quality Standard (NAAQS). The State supplemented
its redesignation requests on May 26, 2006, and August 25, 2006. As part
of its redesignation requests, the State submitted maintenance plans as
required by section 175A of the Clean Air Act. Elements of the section
175 maintenance plan include a contingency plan and an obligation to
submit subsequent maintenance plan revisions in 8 years as required by
the Clean Air Act. If monitors in any of these areas record a violation
of the 8-hour ozone NAAQS, Michigan will adopt and implement one or more
contingency measures. The list of possible contingency measures
includes: Lower Reid vapor pressure gasoline requirements; reduced
volatile organic compound (VOC) content in architectural, industrial,
and maintenance coatings rule; auto body refinisher self-certification
audit program; reduced VOC degreasing rule; transit improvements; diesel
retrofit program; reduced VOC content in commercial and consumer
products rule; and a program to reduce idling. Also included in the
Michigan's submittal were motor vehicle emission budgets (MVEBs) for use
to determine transportation conformity in the areas. For the Grand
Rapids area, the 2018 MVEBs are 40.70 tpd for VOC and 97.87 tpd for
oxides of nitrogen (NOX). For the Kalamazoo-Battle Creek
area, the 2018 MVEBs are 29.67 tpd for VOC and 54.36 tpd for
NOX. For the Lansing-East Lansing area, the 2018 MVEBs are
28.32 tpd for VOC and 53.07 tpd for NOX. For the Benzie
County area, the 2018 MVEBs are 2.24 tpd for VOC and 1.99 tpd for
NOX. For the Huron County area, the 2018 MVEBs are 2.34 tpd
for VOC and 7.53 tpd for NOX. For the Mason County area, the
2018 MVEBs are 1.81 tpd for VOC and 2.99 tpd for NOX.
(y) Approval--On June 13, 2006, Michigan submitted requests to
redesignate the Flint (Genesee and Lapeer Counties), Muskegon (Muskegon
County), Benton Harbor (Berrien County), and Cass County areas to
attainment of the 8-hour ozone National Ambient Air Quality Standard
(NAAQS). The State supplemented its redesignation requests on August 25,
2006, and November 30, 2006. As part of its redesignation requests, the
State submitted maintenance plans as required by section 175A of the
Clean Air Act. Elements of the section 175 maintenance plan include a
contingency plan and an obligation to submit subsequent maintenance plan
revisions in 8 years as required by the Clean Air Act. If monitors in
any of these areas record a violation of the 8-hour ozone NAAQS,
Michigan will adopt and implement one or more contingency measures.
[[Page 194]]
The list of possible contingency measures includes: Lower Reid vapor
pressure gasoline requirements; reduced volatile organic compound (VOC)
content in architectural, industrial, and maintenance coatings rule;
auto body refinisher self-certification audit program; reduced VOC
degreasing rule; transit improvements; diesel retrofit program; reduced
VOC content in commercial and consumer products rule; and a program to
reduce idling. Also included in the Michigan's submittal were motor
vehicle emission budgets (MVEBs) for use to determine transportation
conformity in the areas. For the Flint area, the 2018 MVEBs are 25.68
tpd for VOC and 37.99 tpd for oxides of nitrogen (NOX). For
the Muskegon area, the 2018 MVEBs are 6.67 tpd for VOC and 11.00 tpd for
NOX. For the Benton Harbor area, the 2018 MVEBs are 9.16 tpd
for VOC and 15.19 tpd for NOX. For the Cass County area, the
2018 MVEBs are 2.76 tpd for VOC and 3.40 tpd for NOX.
(z) Approval--On March 6, 2009, Michigan submitted a request to
redesignate the Detroit-Ann Arbor area (Lenawee, Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) to attainment
of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS).
As part of its redesignation requests, the State submitted a maintenance
plan as required by section 175A of the Clean Air Act. Elements of the
section 175 maintenance plan include a contingency plan and an
obligation to submit subsequent maintenance plan revisions in 8 years as
required by the Clean Air Act. If monitors in any of these areas record
a violation of the 8-hour ozone NAAQS, Michigan will adopt and implement
one or more contingency measures. The list of possible contingency
measures includes: Reduced VOC content in architectural, industrial, and
maintenance (AIM) coatings rule; auto body refinisher self-certification
audit program; reduced VOC degreasing/solvent cleaning rule; diesel
retrofit program; reduced idling program; portable fuel container
replacement rule; and, food preparation flame broiler control rule. Also
included in the Michigan's submittal were a 2005 base year emissions
inventory and motor vehicle emission budgets (MVEBs) for use to
determine transportation conformity in the area. For the Detroit-Ann
Arbor area, Michigan has established separate MVEBS for the Southeast
Michigan Council of Governments (SEMCOG) region (Livingston, Macomb,
Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) and for
Lenawee County. MDEQ has determined the 2020 MVEBs for the SEMCOG region
to be 106 tons per day for VOC and 274 tpd for NOX. MDEQ has
determined the 2020 MVEBs for Lenawee County to be 2.1 tpd for VOC and
4.4 tpd for NOX.
[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 at www.fdsys.gov.
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
[[Page 195]]
defined in part 81 of this title) shall notify the Administrator, no
later than October 1, 1973, of his intent to utilize either low-sulfur
fuel or stack gas desulfurization to comply with the limitations
effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.
(ii) Any owner or operator of a stationary source subject to
paragraph (d)(2)(i) of this section who elects to utilize low-sulfur
fuel shall take the following actions with respect to the source no
later than the dates specified.
(a) November 1, 1973--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for
at least one year thereafter.
(b) December 31, 1973--Sign contracts with fuel suppliers for
projected fuel requirements.
(c) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(d) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
(e) June 15, 1974--Initiate onsite modifications, if applicable.
(f) March 31, 1975--Complete onsite modifications, if applicable.
(g) July 1, 1975--Achieve final compliance with the applicable July
1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
(iii) Any owner or operator of a stationary source subject to
paragraph (d)(2)(i) of this section who elects to utilize stack gas
desulfurization shall take the following actions with respect to the
source no later than the dates specified.
(a) November 1, 1973--Let necessary contracts for construction.
(b) March 1, 1974--Initiate onsite construction.
(c) March 31, 1975--Complete onsite construction.
(d) July 1, 1975--Achieve final compliance with the applicable July
1, 1975, emission limitation listed in Table 4 of Rule 336.49.
(e) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
July 1, 1975. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
(iv) The owner or operator of any boiler or furnace of more than 250
million Btu per hour heat input subject to Rule 336.49 and located in
the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor
Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the
Administrator, no later than January 31, 1974, of his intent to utilize
either low-sulfur fuel or stack gas desulfurization to comply with the
limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49.
(v) Any owner or operator of a stationary source subject to
paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur
fuel shall take the following actions with respect to the source no
later than the dates specified.
(a) October 15, 1976--Submit to the Administrator a projection of
the amount of fuel, by types, that will be substantially adequate to
enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for
at least one year thereafter.
(b) December 31, 1976--Sign contracts with fuel suppliers for
projected fuel requirements.
(c) January 31, 1977--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(d) March 15, 1977--Let contracts for necessary boiler
modifications, if applicable.
(e) June 15, 1977--Initiate onsite modifications, if applicable.
(f) March 31, 1978--Complete onsite modifications, if applicable.
(g) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.
(vi) Any owner or operator of a stationary source subject to
paragraph (d)(2)(iv) of this section who elects to utilize stack gas
desulfurization shall take the following actions with regard
[[Page 196]]
to the source no later than the dates specified.
(a) November 1, 1976--Let necessary contracts for construction.
(b) March 1, 1977--Initiate onsite construction.
(c) March 31, 1978--Complete onsite construction.
(d) July 1, 1978--Achieve final compliance with the applicable July
1, 1978, mission limitation listed in Table 4 of Rule 336.49.
(e) If a performance test is necessary for a determination as to
whether compliance has been achieved, such a test must be completed by
July 1, 1978. Ten days prior to such a test, notice must be given to the
Administrator to afford him the opportunity to have an observer present.
(vii) Any owner or operator subject to a compliance schedule above
shall certify to the Administrator, within five days after the deadline
for each increment of progress in that schedule, whether or not the
increment has been met.
(3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to
a source which is presently in compliance with Table 3 or Table 4 of
Rule 336.49 and which has certified such compliance to the Administrator
by October 1, 1973. The Administrator may request whatever supporting
information he considers necessary for proper certification.
(ii) Any compliance schedule adopted by the State and approved by
the Administrator shall satisfy the requirements of this paragraph for
the affected source.
(iii) Any owner or operator subject to a compliance schedule in this
paragraph may submit to the Administrator no later than October 1, 1973,
a proposed alternative compliance schedule. No such compliance schedule
may provide for final compliance after the final compliance date in the
applicable compliance schedule of this paragraph. If promulgated by the
Administrator, such schedule shall satisfy the requirements of this
paragraph for the affected source.
(4) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (d)(2) of this section fails to
satisfy the requirements of 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.
----------------------------------------------------------------------------------------------------------------
[[Page 197]]
macomb county
----------------------------------------------------------------------------------------------------------------
New Haven Foundry............... Macomb County..... R336.1301, Aug. 14, 1980..... June 30, 1985.
R336.1331,
R336.1901.
----------------------------------------------------------------------------------------------------------------
midland county
----------------------------------------------------------------------------------------------------------------
Dow Chemical.................... Midland........... R336.1301 and July 21, 1982..... Dec. 31, 1985.
R336.1331.
----------------------------------------------------------------------------------------------------------------
monroe county
----------------------------------------------------------------------------------------------------------------
Detroit Edison (Monroe plant)... Monroe............ 336.49............ July 7, 1977...... Jan. 1, 1985.
Dundee Cement Company........... Dundee............ 336.41, 44........ Oct. 17, 1979..... Dec. 31, 1983.
(336.1301,
336.1331).
Union Camp...................... Monroe............ 336.1401.......... Jan. 3, 1980...... Jan. 1, 1985.
(336.49)..........
----------------------------------------------------------------------------------------------------------------
muskegon county
----------------------------------------------------------------------------------------------------------------
Consumers Power Company (B. C. Muskegon.......... 336.1401.......... Dec. 10, 1979..... Jan. 1, 1985.
Cobb). (336.49)..........
S. D. Warren Co................. Muskegon.......... 336.49 (336.1401). Oct. 31, 1979..... Nov. 1, 1984.
Marathon Oil.................... ......do.......... 336.1603.......... July 31, 1981..... Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
saginaw county
----------------------------------------------------------------------------------------------------------------
Grey Iron Casting and Nodular Saginaw........... R336.1301......... Apr. 16, 1980..... Dec. 31, 1982.
Iron Casting Plants.
----------------------------------------------------------------------------------------------------------------
wayne county
----------------------------------------------------------------------------------------------------------------
Boulevard Heating Plant......... Wayne............. R336.1331......... Apr. 28, 1981..... Dec. 31, 1982.
----------------------------------------------------------------------------------------------------------------
Footnotes:
\1\ For the attainment of the primary standard.
\2\ For the attainment of the secondary standard.
\3\ For the maintenance of the secondary standard.
(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 at www.fdsys.gov.
[[Page 198]]
Sec. 52.1176 Review of new sources and modifications. [Reserved]
Sec. Sec. 52.1177-52.1178 [Reserved]
Sec. 52.1179 Control strategy: Carbon monoxide.
(a) 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 sections
107(d)(3)(E) and 175A of the Act as amended in 1990.
(b) Approval--On December 19, 2003, Michigan submitted a request to
revise its plan for the Southeast Michigan CO maintenance area
(consisting of portions of Wayne, Oakland and Macomb Counties). The
submittal contains updated emission inventories for 1996 and 2010, and
an update to the 2010 motor vehicle emissions budget (MVEB). The 2010
MVEB is 3,842.9 tons of CO per day.
[70 FR 4023, Jan. 28, 2005]
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 of this part from sources located in the State of Michigan
shall be submitted to the state agency, Michigan Department of Natural
Resources and Environment, Air Quality Division, P.O. Box 30028,
Lansing, Michigan 48909, rather than to EPA's Region 5 office.
[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; 75 FR 55275, Sept.
10, 2010]
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]
[[Page 199]]
Sec. 52.1183 Visibility protection.
(a) Reasonably Attributable Visibility Impairment. The requirements
of section 169A of the Clean Air Act are not met because the plan does
not include approvable measures for meeting the requirements of 40 CFR
51.302, 51.305, and 51.307 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.
(d) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Michigan on
November 5, 2010, does not include fully approvable measures for meeting
the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to
emissions of NOX and SO2 from electric generating
units. EPA has given limited approval and limited disapproval to the
plan provisions addressing these requirements.
(e) Measures Addressing Limited Disapproval Associated With NOX. The
deficiencies associated with NOX identified in EPA's limited
disapproval of the regional haze plan submitted by Michigan on November
5, 2010, are satisfied by Sec. 52.1186.
(f) Measures Addressing Limited Disapproval Associated With SO2. The
deficiencies associated with SO2 identified in EPA's limited
disapproval of the regional haze plan submitted by Michigan on November
5, 2010, are satisfied by Sec. 52.1187.
(g) The requirements of section 169A of the Clean Air Act are not
met because the regional haze plan submitted on November 5, 2010, does
not meet the best available retrofit technology requirements of 40 CFR
51.308(e) with respect to emissions of NOX and SO2
from Saint Marys Cement in Charlevoix and NOX from Escanaba
Paper Company in Escanaba. These requirements for these two facilities
are satisfied by 40 CFR 52.1183(h) and 40 CFR 52.1183(i), respectively.
(h)(1) For the 30-day period beginning January 1, 2017, and
thereafter, Saint Marys Cement, or any subsequent owner or operator of
the Saint Marys Cement facility located in Charlevoix, Michigan, shall
not cause or permit the emission of oxides of nitrogen (expressed as
NO2) to exceed 2.80 lb per ton of clinker as a 30-day rolling
average.
(2) For the 12-month period beginning January 1, 2017, and
thereafter, Saint Marys Cement, or any subsequent owner or operator of
the Saint Marys Cement facility located in Charlevoix, Michigan, shall
not cause or permit the emission of NOX (expressed as
NO2) to exceed 2.40 lb per ton of clinker as a 12-month
average.
(3) Saint Marys Cement, or any subsequent owner or operator of the
Saint Marys Cement facility located in Charlevoix, Michigan, shall not
cause or permit the emission of SO2 to exceed 7.50 lb per ton
of clinker as a 12-month average.
(4) Saint Marys Cement, or any subsequent owner or operator of the
Saint Marys Cement facility located in Charlevoix, Michigan, shall
operate continuous emission monitoring systems to measure NOX
and SO2 emissions from its kiln system in conformance with 40
CFR part 60 appendix F procedure 1.
(5) The reference test method for assessing compliance with the
limit in paragraph (h)(1) of this section shall be use of a continuous
emission monitoring system operated in conformance with 40 CFR part 60,
appendix F, procedure 1. A new 30-day average shall be computed at the
end of each calendar day in which the kiln operates, based on the
following procedure: First, sum the total pounds of NOX
(expressed as NO2) emitted during the operating day and the
previous twenty-nine operating days, second, sum the total tons of
clinker produced during the same period, and third, divide the total
number of pounds by the total clinker produced during the thirty
operating days.
(6) The reference test method for assessing compliance with the
limit in paragraphs (h)(2) and (h)(3) of this section shall be use of a
continuous emission monitoring system operated in conformance with 40
CFR part 60, appendix F, procedure 1. A new 12-month average shall be
computed at the end of
[[Page 200]]
each calendar month, based on the following procedure: First, sum the
total pounds of NOX or SO2, as applicable, emitted
from the unit during the month and the previous eleven calendar months,
second, sum the total tons of clinker production during the same period,
and third, divide the total number of pounds of emissions of
NOX or SO2, as applicable, by the total clinker
production during the twelve calendar months.
(7) Recordkeeping. The owner/operator shall maintain the following
records for at least five years:
(i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(ii) All records of clinker production, which shall be monitored in
accordance with 40 CFR 60.63.
(iii) Records of quality assurance and quality control activities
for emissions measuring systems including, but not limited to, any
records required by 40 CFR part 60, appendix F, Procedure 1.
(iv) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, CEMS and clinker
production measurement devices.
(v) Any other records required by 40 CFR part 60, subpart F, or 40
CFR part 60, appendix F, procedure 1.
(8) Reporting. All reports under this section shall be submitted to
Chief, Air Enforcement and Compliance Assurance Branch, U.S.
Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W.
Jackson Blvd., Chicago, IL 60604-3590.
(i) The owner/operator shall submit quarterly excess emissions
reports for SO2 and NOX BART limits no later than
the 30th day following the end of each calendar quarter. Excess
emissions means emissions that exceed the emissions limits specified in
paragraph (h)(1), (h)(2), and (h)(3) of this section. The reports shall
include the magnitude, date(s), and duration of each period of excess
emissions, specific identification of each period of excess emissions
that occurs during startups, shutdowns, and malfunctions of the unit,
the nature and cause of any malfunction (if known), and the corrective
action taken or preventative measures adopted.
(ii) Owner/operator of each unit shall submit quarterly CEMS
performance reports, to include dates and duration of each period during
which the CEMS was inoperative (except for zero and span adjustments and
calibration checks), reason(s) why the CEMS was inoperative and steps
taken to prevent recurrence, and any CEMS repairs or adjustments.
(iii) The owner/operator shall also submit results of any CEMS
performance tests required by 40 CFR part 60, appendix F, Procedure 1
(Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(iv) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, such
information shall be stated in the quarterly reports required by
paragraphs (h)(7)(i) and (ii) of this section.
(i) Escanaba Paper Company, or any subsequent owner or operator of
the Escanaba Paper Company facility in Escanaba, Michigan, shall meet
the following requirements and shall not cause or permit the emission of
NOX (expressed as NOX) to exceed the following
limits:
(1) For Boiler 8, designated as EU8B13, a rolling 30-day average
limit of 0.35 lb per MMBTU.
(2) A continuous emission monitoring system shall be operated to
measure NOX emissions from Boiler 8 in conformance with 40
CFR part 60, appendix F.
(3) The reference test method for assessing compliance with the
limit in paragraph (i)(1) of this section shall be a continuous emission
monitoring system operated in conformance with 40 CFR part 60, appendix
F. A new 30-day average shall be computed at the end of each calendar
day in which the boiler operated, based on the following procedure:
first, sum the total pounds of NOX emitted from the unit
during the operating day and the previous twenty-nine operating days,
second sum the total heat input to the unit in MMBTU during the same
period, and third, divide the total number of pounds of NOX
emitted by the total heat input during the thirty operating days.
[[Page 201]]
(4) For Boiler 9, also identified as EU9B03, a limit of 0.27 lb per
MMBTU.
(5) The reference test method for assessing compliance with the
limit in paragraph (i)(4) of this section shall be a test conducted in
accordance with 40 CFR part 60, appendix A, Method 7.
(6) Recordkeeping. The owner/operator shall maintain the following
records regarding Boiler 8 and Boiler 9 for at least five years:
(i) All CEMS data, including the date, place, and time of sampling
or measurement; parameters sampled or measured; and results.
(ii) All stack test results.
(iii) Daily records of fuel usage, heat input, and data used to
determine heat content.
(iv) Records of quality assurance and quality control activities for
emissions measuring systems including, but not limited to, any records
required by 40 CFR part 60, appendix F, Procedure 1.
(v) Records of all major maintenance activities conducted on
emission units, air pollution control equipment, and CEMS.
(vi) Any other records identified in 40 CFR 60.49b(g) or 40 CFR part
60, appendix F, Procedure 1.
(7) Reporting. All reports under this section shall be submitted to
the Chief, Air Enforcement and Compliance Assurance Branch, U.S.
Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W.
Jackson Blvd., Chicago, IL 60604-3590.
(i) Owner/operator of Boiler 8 shall submit quarterly excess
emissions reports for the limit in paragraph (i)(1) no later than the
30th day following the end of each calendar quarter. Excess emissions
means emissions that exceed the emissions limit specified in paragraph
(i)(1) of this section. The reports shall include the magnitude,
date(s), and duration of each period of excess emissions, specific
identification of each period of excess emissions that occurs during
startups, shutdowns, and malfunctions of the unit, the nature and cause
of any malfunction (if known), and the corrective action taken or
preventative measures adopted.
(ii) Owner/operator of Boiler 8 shall submit quarterly CEMS
performance reports, to include dates and duration of each period during
which the CEMS was inoperative (except for zero and span adjustments and
calibration checks or when Boiler 8 is not operating), reason(s) why the
CEMS was inoperative and steps taken to prevent recurrence, and any CEMS
repairs or adjustments.
(iii) Owner/operator of Boiler 8 shall also submit results of any
CEMS performance tests required by 40 CFR part 60, appendix F, procedure
1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder
Gas Audits).
(iv) When no excess emissions have occurred or the CEMS has not been
inoperative, repaired, or adjusted during the reporting period, such
information shall be stated in the quarterly reports required by
paragraph (i)(7) of this section.
(v) Owner/operator of Boiler 9 shall submit reports of any
compliance test measuring NOX emissions from Boiler 9 within
60 days of the last day of the test. If owner/operator commences
operation of a continuous NOX emission monitoring system for
Boiler 9, owner/operator shall submit reports for Boiler 9 as specified
for Boiler 8 in paragraphs (i)(7)(i) to (i)(7)(iv) of this section.
(j) [Reserved]
(k) Tilden Mining Company, or any subsequent owner/operator of the
Tilden Mining Company facility in Ishpeming, Michigan, shall meet the
following requirements:
(1) NOX Emission Limits. An emission limit of 1.5 lbs
NOX/MMBtu, based on a 30-day rolling average, shall apply to
the indurating furnace, Grate Kiln Line 1 (EUKILN1), beginning 26 months
from March 8, 2013. However, for any 30, or more, consecutive days when
only natural gas is used a limit of 1.2 lbs NOX/MMBtu, based
on a 30-day rolling average, shall apply.
(2) SO2 Emission Limits. A fuel sulfur content limit of no greater
than 1.20 percent sulfur content by weight shall apply to fuel combusted
in Process Boiler 1 (EUBOILER1) and Process Boiler 2
(EUBOILER2) beginning 3 months from March 8, 2013. A fuel sulfur content
limit of no greater than 1.50 percent sulfur content by weight shall
apply to fuel combusted in the Line 1 Dryer (EUDRYER1) beginning 3
[[Page 202]]
months from March 8, 2013. The sampling and calculation methodology for
determining the sulfur content of fuel must be described in the
monitoring plan required at paragraph (n)(8)(x) of this section.
(3) The owner or operator of the facility must switch Grate Kiln
Line 1 (EUKILN1) to 100 percent natural gas beginning 1 year from March
8, 2013. For the purposes of CEMS requirements, the compliance date by
which the CEMS must be installed and operated for Tilden is one year
from March 8, 2013. Within 26 months of March 8, 2013, the owner or
operator must calculate and comply with an SO2 limit based on
one year of hourly CEMS emissions data reported in lbs SO2/hr
and submit such limit, calculations and CEMS data to EPA. This limit
shall be calculated in terms of lbs SO2/hr, based on the
following equations, with compliance to be determined on a 30-day
rolling average.
m - (n + 1) * [alpha]
m = the rank of the ordered data point, when data is sorted smallest to
largest
n = number of data points
[alpha] = 0.95, to reflect the 95th percentile
If m is a whole number, then the limit, UPL, shall be computed as:
UPL = Xm,
Where:
xm - value of the mth data point in terms of lbs SO2/hr, when
the data is sorted smallest to largest
If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.003
Where:
mt = the integer portion of m, i.e., m truncated at zero decimal places,
and
md = the decimal portion of m
(4) Starting 26 months from March 8, 2013, records shall be kept for
any day during which fuel oil is burned as fuel (either alone or blended
with other fuels) in Grate Kiln Line 1. These records must include, at a
minimum, the gallons of fuel oil burned per hour, the sulfur content of
the fuel oil, and the SO2 emissions in pounds per hour.
(5) Starting 26 months from March 8, 2013 for Grate Kiln Line 1, the
SO2 limit does not apply for any hour in which it is
documented that there is a natural gas curtailment, beyond Cliffs'
control, necessitating that the supply of natural gas to Tilden's Line 1
indurating furnace is restricted or eliminated. Records must be kept of
the cause of the curtailment and duration of such curtailment. During
such curtailment, the use of backup coal is restricted to coal with no
greater than 0.60 percent sulfur by weight.
(l) Testing and monitoring. (1) The owner or operator shall install,
certify, calibrate, maintain and operate a Continuous Emissions
Monitoring System (CEMS) for NOX on Tilden Mining Company
unit EUKILN1. Compliance with the emission limits for NOX
shall be determined using data from the CEMS.
(2) The owner or operator shall install, certify, calibrate,
maintain and operate a CEMS for SO2 on Tilden Mining Company
unit EUKILN1. Compliance with the emission standard selected for
SO2 shall be determined using data from the CEMS.
(3) The owner or operator shall install, certify, calibrate,
maintain and operate one or more continuous diluent monitor(s)
(O2 or CO2) and continuous flow rate monitor(s) on
Tilden Mining Company unit EUKILN1 to allow conversion of the
NOX and SO2 concentrations to units of the
standard (lbs/MMBtu and lbs/hr, respectively) unless a demonstration is
made that a diluent monitor and continuous flow rate monitor are not
needed for the owner or operator to demonstrate compliance with
applicable emission limits in units of the standards.
(4) For purposes of this section, all CEMS required by this section
must meet the requirements of paragraphs (l)(4)(i)-(xiv) of this
section.
[[Page 203]]
(i) All CEMS must be installed, certified, calibrated, maintained,
and operated in accordance with 40 CFR Part 60, Appendix B, Performance
Specification 2 (PS-2) and Appendix F, Procedure 1.
(ii) All CEMS associated with monitoring NOX (including
the NOX monitor and necessary diluent and flow rate monitors)
must be installed and operational no later than the compliance date for
the emission limit identified at (k)(1). All CEMS associated with
monitoring SO2 must be installed and operational no later
than twelve months after March 8, 2013. Verification of the CEMS
operational status shall, as a minimum, include completion of the
manufacturer's written requirements or recommendations for installation,
operation, and calibration of the devices.
(iii) The owner or operator must conduct a performance evaluation of
each CEMS in accordance with 40 CFR Part 60, Appendix B, PS-2. The
performance evaluations must be completed no later than 60 days after
the respective CEMS installation.
(iv) The owner or operator of each CEMS must conduct periodic
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in
accordance with 40 CFR Part 60, Appendix F, Procedure 1. The first CEMS
accuracy test will be a relative accuracy test audit (RATA) and must be
completed no later than 60 days after the respective CEMS installation.
(v) The owner or operator of each CEMS must furnish the Regional
Administrator two, or upon request, more copies of a written report of
the results of each performance evaluation and QA/QC check within 60
days of completion.
(vi) The owner or operator of each CEMS must check, record, and
quantify the zero and span calibration drifts at least once daily (every
24 hours) in accordance with 40 CFR Part 60, Appendix F, Procedure 1,
Section 4.
(vii) Except for CEMS breakdowns, repairs, calibration checks, and
zero and span adjustments, all CEMS required by this section shall be in
continuous operation during all periods of process operation of the
indurating furnaces, including periods of process unit startup,
shutdown, and malfunction.
(viii) All CEMS required by this section must meet the minimum data
requirements at paragraphs (l)(4)(viii)(A)-(C) of this section.
(A) Complete a minimum of one cycle of operation (sampling,
analyzing, and data recording) for each successive 15-minute quadrant of
an hour.
(B) Sample, analyze and record emissions data for all periods of
process operation except as described in paragraph (l)(4)(viii)(C) of
this section.
(C) When emission data from CEMS are not available due to continuous
monitoring system breakdowns, repairs, calibration checks, or zero and
span adjustments, emission data must be obtained using other monitoring
systems or emission estimation methods approved by the EPA. The other
monitoring systems or emission estimation methods to be used must be
incorporated into the monitoring plan required by this section and
provide information such that emissions data are available for a minimum
of 18 hours in each 24 hour period and at least 22 out of 30 successive
unit operating days.
(ix) Owners or operators of each CEMS required by this section must
reduce all data to 1-hour averages. Hourly averages shall be computed
using all valid data obtained within the hour but no less than one data
point in each fifteen-minute quadrant of an hour. Notwithstanding this
requirement, an hourly average may be computed from at least two data
points separated by a minimum of 15 minutes (where the unit operates for
more than one quadrant in an hour) if data are unavailable as a result
of performance of calibration, quality assurance, preventive maintenance
activities, or backups of data from data acquisition and handling
systems, and recertification events.
(x) The 30-day rolling average emission rate determined from data
derived from the CEMS required by this section (in lbs/MMBtu or lbs/hr
depending on the emission standard selected) must be calculated in
accordance with paragraphs (l)(4)(x)(A)-(F) of this section.
(A) Sum the total pounds of the pollutant in question emitted from
the
[[Page 204]]
Unit during an operating day and the previous twenty-nine operating
days.
(B) Sum the total heat input to the unit (in MMBtu) or the total
actual hours of operation (in hours) during an operating day and the
previous twenty-nine operating days.
(C) Divide the total number of pounds of the pollutant in question
emitted during the thirty operating days by the total heat input (or
actual hours of operation depending on the emission limit selected)
during the thirty operating days.
(D) For purposes of this calculation, an operating day is any day
during which fuel is combusted in the BART affected Unit regardless of
whether pellets are produced. Actual hours of operation are the total
hours a unit is firing fuel regardless of whether a complete 24-hour
operational cycle occurs (i.e. if the furnace is firing fuel for only 5
hours during a 24-hour period, then the actual operating hours for that
day are 5. Similarly, total number of pounds of the pollutant in
question for that day is determined only from the CEMS data for the five
hours during which fuel is combusted.)
(E) If the owner or operator of the CEMS required by this section
uses an alternative method to determine 30-day rolling averages, that
method must be described in detail in the monitoring plan required by
this section. The alternative method will only be applicable if the
final monitoring plan and the alternative method are approved by EPA.
(F) A new 30-day rolling average emission rate must be calculated
for the period ending each new operating day.
(xi) The 30-day rolling average removal efficiency determined from
data derived from the CEMS required by this section must be calculated
in accordance with paragraphs (l)(4)(xi)(A)-(G) of this section.
(A) Calculate the 30-day rolling average emission rate described in
paragraphs (l)(4)(x)(A)-(F) of this section at the inlet of the control
device.
(B) Calculate the 30-day rolling average emission rate described in
paragraphs (l)(4)(x)(A)-(F) of this section at the outlet of the control
device.
(C) Subtract the 30-day rolling average emission rate determined at
the outlet of the control device from the 30-day rolling average
emission rate determined at the inlet of the control device.
(D) Divide the result of paragraph (l)(4)(xi)(C) of this section by
the 30-day rolling average emission rate determined at the inlet.
(E) Multiply the result of paragraph (l)(4)(xi)(D) of this section
by 100 to determine the 3-day rolling average percent removal
efficiency.
(F) If the owner or operator of the CEMS required by this section
uses an alternative method to determine the 30-day rolling average
removal efficiency, that method must be described in detail in the
monitoring plan required by this section. The alternative method will
only be applicable if the final monitoring plan and the alternative
method are approved by EPA.
(G) A new 30-day rolling average removal efficiency must be
calculated for each new operating day.
(xii) Data substitution must not be used for purposes of determining
compliance under this section.
(xiii) All CEMS data shall be reduced and reported in units of the
applicable standard.
(xiv) A Quality Control Program must be developed and implemented
for all CEMS required by this section in accordance with 40 CFR Part 60,
Appendix F, Procedure 1, Section 3. The program will include, at a
minimum, written procedures and operations for calibration checks,
calibration drift adjustments, preventative maintenance, data
collection, recording and reporting, accuracy audits/procedures,
periodic performance evaluations, and a corrective action program for
malfunctioning CEMS.
(m) Recordkeeping requirements. (1)(i) Records required by this
section must be kept in a form suitable and readily available for
expeditious review.
(ii) Records required by this section must be kept for a minimum of
5 years following the date of creation.
(iii) Records must be kept on site for at least 2 years following
the date of creation and may be kept offsite, but readily accessible,
for the remaining 3 years.
[[Page 205]]
(2) The owner or operator of the BART affected unit must maintain
the records identified in paragraphs (m)(2)(i)-(xi) of this section.
(i) A copy of each notification and report developed for and
submitted to comply with this section including all documentation
supporting any initial notification or notification of compliance status
submitted, according to the requirements of this section.
(ii) Records of the occurrence and duration of each startup,
shutdown, and malfunction of the BART affected unit, air pollution
control equipment, and CEMS required by this section.
(iii) Records of activities taken during each startup, shutdown, and
malfunction of the BART affected unit, air pollution control equipment,
and CEMS required by this section.
(iv) Records of the occurrence and duration of all major maintenance
conducted on the BART affected unit, air pollution control equipment,
and CEMS required by this section.
(v) Records of each excess emission report, including all
documentation supporting the reports, dates and times when excess
emissions occurred, investigations into the causes of excess emissions,
actions taken to minimize or eliminate the excess emissions, and
preventative measures to avoid the cause of excess emissions from
occurring again.
(vi) Records of all CEMS data including, as a minimum, the date,
location, and time of sampling or measurement, parameters sampled or
measured, and results.
(vii) All records associated with quality assurance and quality
control activities on each CEMS as well as other records required by 40
CFR Part 60, Appendix F, Procedure 1 including, but not limited to, the
quality control program, audit results, and reports submitted as
required by this section.
(viii) Records of the NOX emissions during all periods of
BART affected unit operation, including startup, shutdown and
malfunction, in the units of the standard. The owner or operator shall
convert the monitored data into the appropriate unit of the emission
limitation using appropriate conversion factors and F-factors. F-factors
used for purposes of this section shall be documented in the monitoring
plan and developed in accordance with 40 CFR Part 60, Appendix A, Method
19. The owner or operator may use an alternate method to calculate the
NOX emissions upon written approval from EPA.
(ix) Records of the SO2 emissions or records of the
removal efficiency (based on CEMS data), depending on the emission
standard selected, during all periods of operation, including periods of
startup, shutdown and malfunction, in the units of the standard.
(x) Records associated with the CEMS unit including type of CEMS,
CEMS model number, CEMS serial number, and initial certification of each
CEMS conducted in accordance with 40 CFR Part 60, Appendix B,
Performance Specification 2 must be kept for the life of the CEMS unit.
(xi) Records of all periods of fuel oil usage as required at
paragraph (k)(4) of this section.
(n) Reporting requirements. (1) All requests, reports, submittals,
notifications, and other communications to the Regional Administrator
required by this section shall be submitted, unless instructed
otherwise, to the Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5 (A-18J) at 77 West Jackson Boulevard,
Chicago, Illinois 60604. References in this section to the Regional
Administrator shall mean the EPA Regional Administrator for Region 5.
(2) The owner or operator of each BART affected unit identified in
this section and CEMS required by this section must provide to the
Regional Administrator the written notifications, reports and plans
identified at paragraphs (n)(2)(i)-(viii) of this section. If acceptable
to both the Regional Administrator and the owner or operator of each
BART affected unit identified in this section and CEMS required by this
section the owner or operator may provide electronic notifications,
reports and plans.
(i) A notification of the date construction of control devices and
installation of burners required by this section commences postmarked no
later than 30 days after the commencement date.
[[Page 206]]
(ii) A notification of the date the installation of each CEMS
required by this section commences postmarked no later than 30 days
after the commencement date.
(iii) A notification of the date the construction of control devices
and installation of burners required by this section is complete
postmarked no later than 30 days after the completion date.
(iv) A notification of the date the installation of each CEMS
required by this section is complete postmarked no later than 30 days
after the completion date.
(v) A notification of the date control devices and burners installed
by this section startup postmarked no later than 30 days after the
startup date.
(vi) A notification of the date CEMS required by this section
startup postmarked no later than 30 days after the startup date.
(vii) A notification of the date upon which the initial CEMS
performance evaluations are planned. This notification must be submitted
at least 60 days before the performance evaluation is scheduled to
begin.
(viii) A notification of initial compliance, signed by the
responsible official who shall certify its accuracy, attesting to
whether the source has complied with the requirements of this section,
including, but not limited to, applicable emission standards, control
device and burner installations, CEMS installation and certification.
This notification must be submitted before the close of business on the
60th calendar day following the completion of the compliance
demonstration and must include, at a minimum, the information at
paragraphs (n)(2)(viii)(A)-(F) of this section.
(A) The methods used to determine compliance.
(B) The results of any CEMS performance evaluations, and other
monitoring procedures or methods that were conducted.
(C) The methods that will be used for determining continuing
compliance, including a description of monitoring and reporting
requirements and test methods.
(D) The type and quantity of air pollutants emitted by the source,
reported in units of the standard.
(E) A description of the air pollution control equipment and burners
installed as required by this section, for each emission point.
(F) A statement by the owner or operator as to whether the source
has complied with the relevant standards and other requirements.
(3) The owner or operator must develop and implement a written
startup, shutdown, and malfunction plan for NOX and
SO2. The plan must include, at a minimum, procedures for
operating and maintaining the source during periods of startup,
shutdown, and malfunction; and a program of corrective action for a
malfunctioning process and air pollution control and monitoring
equipment used to comply with the relevant standard. The plan must
ensure that, at all times, the owner or operator operates and maintains
each affected source, including associated air pollution control and
monitoring equipment, in a manner which satisfies the general duty to
minimize or eliminate emissions using good air pollution control
practices. The plan must ensure that owners or operators are prepared to
correct malfunctions as soon as practicable after their occurrence.
(4) The written reports of the results of each performance
evaluation and QA/QC check in accordance with and as required by
paragraph (l)(4)(v) of this section.
(5) Compliance Reports. The owner or operator of each BART affected
unit must submit semiannual compliance reports. The semiannual
compliance reports must be submitted in accordance with paragraphs
(n)(5)(i) through (iv) of this section, unless the Regional
Administrator has approved a different schedule.
(i) The first compliance report must cover the period beginning on
the compliance date that is specified for the affected source through
June 30 or December 31, whichever date comes first after the compliance
date that is specified for the affected source.
(ii) The first compliance report must be postmarked no later than 30
calendar days after the reporting period
[[Page 207]]
covered by that report (July 30 or January 30), whichever comes first.
(iii) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(iv) Each subsequent compliance report must be postmarked no later
than 30 calendar days after the reporting period covered by that report
(July 30 or January 30).
(6) Compliance report contents. Each compliance report must include
the information in paragraphs (n)(6)(i) through (vi) of this section.
(i) Company name and address.
(ii) Statement by a responsible official, with the official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(iii) Date of report and beginning and ending dates of the reporting
period.
(iv) Identification of the process unit, control devices, and CEMS
covered by the compliance report.
(v) A record of each period of a startup, shutdown, or malfunction
during the reporting period and a description of the actions the owner
or operator took to minimize or eliminate emissions arising as a result
of the startup, shutdown or malfunction and whether those actions were
or were not consistent with the source's startup, shutdown, and
malfunction plan.
(vi) A statement identifying whether there were or were not any
deviations from the requirements of this section during the reporting
period. If there were deviations from the requirements of this section
during the reporting period, then the compliance report must describe in
detail the deviations which occurred, the causes of the deviations,
actions taken to address the deviations, and procedures put in place to
avoid such deviations in the future. If there were no deviations from
the requirements of this section during the reporting period, then the
compliance report must include a statement that there were no
deviations. For purposes of this section, deviations include, but are
not limited to, emissions in excess of applicable emission standards
established by this section, failure to continuously operate an air
pollution control device in accordance with operating requirements
designed to assure compliance with emission standards, failure to
continuously operate CEMS required by this section, and failure to
maintain records or submit reports required by this section.
(7) Each owner or operator of a CEMS required by this section must
submit quarterly excess emissions and monitoring system performance
reports to the Regional Administrator for each pollutant monitored for
each BART affected unit monitored. All reports must be postmarked by the
30th day following the end of each three-month period of a calendar year
(January-March, April-June, July-September, October-December) and must
include, at a minimum, the requirements at paragraphs (n)(7)(i)-(xv).
(i) Company name and address.
(ii) Identification and description of the process unit being
monitored.
(iii) The dates covered by the reporting period.
(iv) Total source operating hours for the reporting period.
(v) Monitor manufacturer, monitor model number and monitor serial
number.
(vi) Pollutant monitored.
(vii) Emission limitation for the monitored pollutant.
(viii) Date of latest CEMS certification or audit.
(ix) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(x) A table summarizing the total duration of excess emissions, as
defined at paragraphs (n)(7)(x)(A)-(B) of this section, for the
reporting period broken down by the cause of those excess emissions
(startup/shutdown, control equipment problems, process problems, other
known causes, unknown causes), and the total percent of excess emissions
(for all causes) for the reporting period calculated as described at
paragraph (n)(7)(x)(C) of this section.
(A) For purposes of this section, an excess emission is defined as
any 30-day rolling average period, including periods of startup,
shutdown and malfunction, during which the 30-day rolling average
emissions of either regulated
[[Page 208]]
pollutant (SO2 and NOX), as measured by a CEMS,
exceeds the applicable emission standards in this section.
(B) For purposes of this section, if a facility calculates a 30-day
rolling average emission rate in accordance with this section which
exceeds the applicable emission standards of this section, then it will
be considered 30 days of excess emissions. If the following 30-day
rolling average emission rate is calculated and found to exceed the
applicable emission standards of this section as well, then it will add
one more day to the total days of excess emissions (i.e. 31 days).
Similarly, if an excess emission is calculated for a 30-day rolling
average period and no additional excess emissions are calculated until
15 days after the first, then that new excess emission will add 15 days
to the total days of excess emissions (i.e. 30 + 15 = 45). For purposes
of this section, if an excess emission is calculated for any period of
time within a reporting period, there will be no fewer than 30 days of
excess emissions but there should be no more than 121 days of excess
emissions for a reporting period.
(C) For purposes of this section, the total percent of excess
emissions will be determined by summing all periods of excess emissions
(in days) for the reporting period, dividing that number by the total
BART affected unit operating days for the reporting period, and then
multiplying by 100 to get the total percent of excess emissions for the
reporting period. An operating day, as defined previously, is any day
during which fuel is fired in the BART affected unit for any period of
time. Because of the possible overlap of 30-day rolling average excess
emissions across quarters, there are some situations where the total
percent of excess emissions could exceed 100 percent. This extreme
situation would only result from serious excess emissions problems where
excess emissions occur for nearly every day during a reporting period.
(xi) A table summarizing the total duration of monitor downtime, as
defined at paragraph (n)(7)(xi)(A) of this section, for the reporting
period broken down by the cause of the monitor downtime (monitor
equipment malfunctions, non-monitor equipment malfunctions, quality
assurance calibration, other known causes, unknown causes), and the
total percent of monitor downtime (for all causes) for the reporting
period calculated as described at paragraph (n)(7)(xi)(B) of this
section.
(A) For purposes of this section, monitor downtime is defined as any
period of time (in hours) during which the required monitoring system
was not measuring emissions from the BART affected unit. This includes
any period of CEMS QA/QC, daily zero and span checks, and similar
activities.
(B) For purposes of this section, the total percent of monitor
downtime will be determined by summing all periods of monitor downtime
(in hours) for the reporting period, dividing that number by the total
number of BART affected unit operating hours for the reporting period,
and then multiplying by 100 to get the total percent of excess emissions
for the reporting period.
(xii) A table which identifies each period of excess emissions for
the reporting period and includes, at a minimum, the information in
paragraphs (n)(7)(xii)(A)-(F) of this section.
(A) The date of each excess emission.
(B) The beginning and end time of each excess emission.
(C) The pollutant for which an excess emission occurred.
(D) The magnitude of the excess emission.
(E) The cause of the excess emission.
(F) The corrective action taken or preventative measures adopted to
minimize or eliminate the excess emissions and prevent such excess
emission from occurring again.
(xiii) A table which identifies each period of monitor downtime for
the reporting period and includes, at a minimum, the information in
paragraphs (n)(7)(xiii)(A)-(D) of this section.
(A) The date of each period of monitor downtime.
(B) The beginning and end time of each period of monitor downtime.
(C) The cause of the period of monitor downtime.
(D) The corrective action taken or preventative measures adopted for
system repairs or adjustments to minimize or eliminate monitor downtime
and prevent such downtime from occurring again.
[[Page 209]]
(xiv) If there were no periods of excess emissions during the
reporting period, then the excess emission report must include a
statement which says there were no periods of excess emissions during
this reporting period.
(xv) If there were no periods of monitor downtime, except for daily
zero and span checks, during the reporting period, then the excess
emission report must include a statement which says there were no
periods of monitor downtime during this reporting period except for the
daily zero and span checks.
(8) The owner or operator of each CEMS required by this section must
develop and submit for review and approval by the Regional Administrator
a site specific monitoring plan. The purpose of this monitoring plan is
to establish procedures and practices which will be implemented by the
owner or operator in its effort to comply with the monitoring,
recordkeeping and reporting requirements of this section. The monitoring
plan must include, at a minimum, the information at paragraphs
(n)(8)(i)-(x) of this section.
(i) Site specific information including the company name, address,
and contact information.
(ii) The objectives of the monitoring program implemented and
information describing how those objectives will be met.
(iii) Information on any emission factors used in conjunction with
the CEMS required by this section to calculate emission rates and a
description of how those emission factors were determined.
(iv) A description of methods to be used to calculate emission rates
when CEMS data is not available due to downtime associated with QA/QC
events.
(v) A description of the QA/QC program to be implemented by the
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR Part 60, Appendix F,
Procedure 1, Section 3.
(vi) A list of spare parts for CEMS maintained on site for system
maintenance and repairs.
(vii) A description of the procedures to be used to calculate 30-day
rolling averages and an example calculation which shows the algorithms
used by the CEMS to calculate 30-day rolling averages.
(viii) A sample of the document to be used for the quarterly excess
emission reports required by this section.
(ix) A description of the procedures to be implemented to
investigate root causes of excess emissions and monitor downtime and the
proposed corrective actions to address potential root causes of excess
emissions and monitor downtime.
(x) A description of the sampling and calculation methodology for
determining the percent sulfur by weight as a monthly block average for
coal used during that month.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
77 FR 33657, June 7, 2012; 77 FR 71550, Dec. 3, 2012; 78 FR 8733, Feb.
6, 2013]
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
[[Page 210]]
enable the State of Michigan to implement and enforce the Federal
general conformity requirements in the nonattainment or maintenance
areas at the State or local level in accordance with 40 CFR part 93,
subpart B--Determining Conformity of General Federal Actions to State or
Federal Implementation Plans.
[61 FR 66609, 66611, Dec. 18, 1996]
Sec. 52.1186 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source located within the
State of Michigan and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the Michigan State Implementation
Plan (SIP) as meeting the requirements of CAIR for PM2.5
relating to NOX under Sec. 51.123 of this chapter, except to
the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec. 51.123(p) of this chapter.
(2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of CAIR
NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
(b)(1) The owner and operator of each NOX source located
within the State of Michigan and for which requirements are set forth
under the Federal CAIR NOX Ozone Season Trading Program in
subparts AAAA through IIII of part 97 of this chapter must comply with
such applicable requirements. The obligation to comply with these
requirements in part 97 of this chapter will be eliminated by the
promulgation of an approval by the Administrator of a revision to the
Michigan State Implementation Plan (SIP) as meeting the requirements of
CAIR for ozone relating to NOX under Sec. 51.123 of this
chapter, except to the extent the Administrator's approval is partial or
conditional or unless such approval is under Sec. 51.123(ee) of this
chapter.
(2) Notwithstanding any provisions of paragraph (b)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX Ozone Season
allowances to sources in the State for any years, the provisions of part
97 of this chapter authorizing the Administrator to complete the
allocation of CAIR NOX Ozone Season allowances for those
years shall continue to apply, unless the Administrator approves a SIP
provision that provides for the allocation of the remaining CAIR
NOX Ozone Season allowances for those years.
(c) Notwithstanding any provisions of paragraphs (a) and (b) of this
section and subparts AA through II and AAAA through IIII of part 97 of
this chapter to the contrary:
(1) With regard to any control period that begins after December 31,
2011,
(i) The provisions in paragraphs (a) and (b) of this section
relating to NOX annual or ozone season emissions shall not be
applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AA through II and AAAA through
IIII of part 97 of this chapter;
(2) The Administrator will not deduct for excess emissions any CAIR
NOX allowances or CAIR NOX Ozone Season allowances
allocated for 2012 or any year thereafter;
(3) By November 7, 2011, the Administrator will remove from the CAIR
NOX Allowance Tracking System accounts all CAIR
NOX allowances allocated for a control period in 2012 and any
subsequent year, and, thereafter, no holding or surrender of CAIR
NOX allowances will be required with regard to emissions or
excess emissions for such control periods; and
(4) By November 7, 2011, the Administrator will remove from the CAIR
NOX
[[Page 211]]
Ozone Season Allowance Tracking System accounts all CAIR NOX
Ozone Season allowances allocated for a control period in 2012 and any
subsequent year, and, thereafter, no holding or surrender of CAIR
NOX Ozone Season allowances will be required with regard to
emissions or excess emissions for such control periods.
(d)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.38(a), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Michigan's SIP.
(2) Notwithstanding the provisions of paragraph (d)(1) of this
section, if, at the time of the approval of Michigan's SIP revision
described in paragraph (d)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
(e)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting the SIP's deficiency that is the basis for the TR
Federal Implementation Plan under Sec. 52.38(b), except to the extent
the Administrator's approval is partial or conditional. The obligation
to comply with such requirements with regard to sources and units
located in Indian country within the borders of the State will not be
eliminated by the promulgation of an approval by the Administrator of a
revision to Michigan's SIP.
(2) Notwithstanding the provisions of paragraph (e)(1) of this
section, if, at the time of the approval of Michigan's SIP revision
described in paragraph (e)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Ozone
Season allowances under subpart BBBBB of part 97 of this chapter to
units in the State for a control period in any year, the provisions of
subpart BBBBB of part 97 of this chapter authorizing the Administrator
to complete the allocation and recordation of TR NOX Ozone
Season allowances to units in the State for each such control period
shall continue to apply, unless provided otherwise by such approval of
the State's SIP revision.
[72 FR 62350, Nov. 2, 2007, as amended at 76 FR 48367, Aug. 8, 2011; 76
FR 80774, Dec. 27, 2011]
Sec. 52.1187 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?
(a)The owner and operator of each SO2 source located
within the State of Michigan and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the
[[Page 212]]
promulgation of an approval by the Administrator of a revision to the
Michigan State Implementation Plan as meeting the requirements of CAIR
for PM2.5 relating to SO2 under Sec. 51.124 of
this chapter, except to the extent the Administrator's approval is
partial or conditional or unless such approval is under Sec. 51.124(r)
of this chapter.
(b) Notwithstanding any provisions of paragraph (a) of this section
and subparts AAA through III of part 97 of this chapter and any State's
SIP to the contrary:
(1) With regard to any control period that begins after December 31,
2011,
(i) The provisions of paragraph (a) of this section relating to
SO2 emissions shall not be applicable; and
(ii) The Administrator will not carry out any of the functions set
forth for the Administrator in subparts AAA through III of part 97 of
this chapter; and
(2) The Administrator will not deduct for excess emissions any CAIR
SO2 allowances allocated for 2012 or any year thereafter.
(c)(1) The owner and operator of each source and each unit located
in the State of Michigan and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 1 Trading Program in subpart CCCCC of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Michigan's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Michigan's SIP.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Maryland's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 1
allowances under subpart CCCCC of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
CCCCC of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 1
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
[72 FR 62350, Nov. 2, 2007, as amended at 76 FR 48368, Aug. 8, 2011]
Sec. 52.1188 [Reserved]
Sec. 52.1190 Original Identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Michigan'' and all revisions submitted by Michigan that
were federally approved prior to August 1, 2006.
(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.
[[Page 213]]
(7) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on May 4, 1973.
(8) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on September 19, 1973.
(9) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on October 23, 1973.
(10) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources on December 13, 1973.
(11) Air Quality Maintenance Area identifications were submitted on
June 27, 1974, by the State of Michigan Department of Natural Resources.
(12) Air Quality Maintenance Area identifications were submitted on
October 18, 1974, by the State of Michigan Department of Natural
Resources.
(13) Provisions to disapprove an installation permit if the
applicant source would interfere with the attainment or maintenance of
national air quality standards were submitted by the Governor on January
25, 1974.
(14) Order extending the final compliance dates for meeting the
sulfur dioxide emission limitation was submitted by the Michigan
Department of Natural Resources for the Karn, Weadock and Cobb Plant
Units of the Consumers Power Co.
(15) Order extending compliance date for meeting the sulfur dioxide
emission limitation was submitted by the State of Michigan Department of
Natural Resources for the Detroit Edison Company, Monroe County Plant on
December 12, 1977.
(16) On April 25, 1979, the State submitted its nonattainment area
plan for areas designated nonattainment as of March 3, 1978 and as
revised on October 5, 1978. This submittal contained Michigan's Part D
attainment plans for particulate matter, carbon monoxide, sulfur
dioxide, transportation and new source review, plus a copy of Michigan's
existing and proposed regulations. USEPA is not taking action at this
time to include in the federally approved SIP certain portions of the
submittal: Provisions in R 336.1310 concerning open burning; 336.1331,
insofar as it may pertain to process sources in the iron and steel
category and site specific revisions; 1349, 1350, 1351, 1352, 1353,
1354, 1355, 1356 and 1357 as they pertain to specific iron and steel
source operations; Part 5, Extension of Sulfur Dioxide Compliance Date
for Power Plants Past January 1, 1980; Part 7, Emission Limitations and
Prohibitions--New Sources of Volatile Organic Compound Emissions;
R336.1701-1710 controlling minor sources of volatile organic compounds;
Part 11, Continuous Emission Monitoring; Part 13, Air Pollution
Episodes; Part 16, Organization and Procedures; and Part 17, Hearings.
(17) On October 12, 1979, the State submitted comments and
commitments in response to USEPA's notice of proposed rulemaking.
(18) On January 9, 1980, the State submitted a copy of the finally
adopted rules of the Commission. These rules became fully effective on
January 18, 1980. These finally adopted rules are identical to the rules
submitted on April 25, 1979, as part of Michigan's Part D nonattainment
area plan except for a modification in the numbering system. Paragraph
(c)(16) of this subpart identifies those rules on which USEPA has not
taken action.
(19) On February 6, 1980, the State submitted the visible emission
test method for stationary sources referenced in Rule 336.1303 as being
on file with the Michigan Air Pollution Control Commission. On March 7,
1980, the State submitted clarifications to the visible emissions test
method.
(20) On March 31, 1980, the State submitted revisions to the
conditional approval schedules for total suspended particulates.
(21) On July 25, 1979, the State submitted the official ozone
attainment plan as part of the State Implementation Plan.
(22) On October 26, 1979, the State submitted comments and revisions
to the transportation plans and vehicle inspection/maintenance portions
of the State Implementation Plan for ozone in response to USEPA's notice
of proposed rulemaking (45 FR 47350).
(23) On November 8, 1979, the State submitted revisions to the ozone
attainment plan.
[[Page 214]]
(24) On December 26, 1979, the State submitted comments and
additional information from the lead local agencies on the
transportation control plans for the Flint, Lansing, Grand Rapids and
Detroit urban areas.
(25) On May 12, 1980, the State submitted corrections and comments
in response to USEPA's notice of proposed rulemaking (45 FR 25087).
(26) On March 20, 1980, the State submitted commitments and
additional revisions to the Inspection/Maintenance program for the
Detroit urban area.
(27) On February 23, 1979, compliance schedules were submitted by
the State of Michigan, Department of Natural Resources to USEPA for the
Detroit Edison, St. Clair Power Plant. Additional material concerning
the Final Order issued to the Detroit Edison, St. Clair Power Plant was
submitted on June 17, 1979 and August 14, 1979.
(28) On August 22, 1979, the State of Michigan submitted to USEPA an
Administrative Order, for the Lansing Board of Water and Light (Order
No. 4-1979, adopted May 23, 1979). In letters dated February 13, 1980
and April 1, 1980, the State of Michigan withdrew certain paragraphs
(sections A, B, C1, D, E, F, and G) of the Order from consideration by
USEPA.
(29) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources to USEPA on October 26, 1979, for the
Dundee Cement Company, Monroe County (Michigan Final Order, APC No. 08-
1979, adopted October 17, 1979).
(30) On July 26, 1979, the State of Michigan submitted to USEPA a
revision to Rule 336.49 for the Consumers Power Company's J. H. Campbell
Plant. The revision is a Final Order (No. 05-1979) extending the
compliance date until January 1, 1985 for the Campbell Plant to meet the
sulfur dioxide emission limitations in Rule 336.49. On February 14,
1980, the State of Michigan submitted to USEPA an amendment to Order No.
05-1979.
(31) Compliance schedules were submitted by the State of Michigan,
Department of Natural Resources to USEPA on November 13, 1979, for the
S. D. Warren Company, Muskegon County (Michigan Final Order, No. 09-
1979, adopted October 31, 1979).
(32) On December 19, 1979, the State of Michigan submitted a
revision to provide for modification of the existing air quality
surveillance network.
(33) On December 10, 1979, the State of Michigan submitted to USEPA
a Final Order (APC No. 6-1979) issued by the Michigan Air Pollution
Control Commission to the Consumers Power Company B.C. Cobb Plant. The
Order requires the source to utilize 2.5% sulfur on an annual basis
until January 1, 1985 when the company must meet the sulfur dioxide
(SO2) emission limitation in Michigan Rule 336.1401.
(34) On January 8, 1980, the State of Michigan submitted to USEPA a
Final Order (APC No. 14-1979) requested of the Michigan Air Pollution
Control Commission (MAPCC) by the Union Camp Corporation in Monroe
County, Michigan. The Order permitted the Union Camp Corporation to burn
2.7% sulfur fuel on an annual average and 4.0% sulfur fuel on a daily
average between January 1, 1980 and July 1, 1980. Beginning July 1, 1980
until July 1, 1982 the Company is permitted to burn 2.5% sulfur fuel on
an annual average and 4.0% sulfur fuel daily average. Beginning July 1,
1982 until January 1, 1985, the Company is allowed to burn 2.2% sulfur
fuel annual average and 3.5% sulfur fuel daily average. After January 1,
1985; the Company has agreed to comply with the SO2 emission
limitations of 1.5% sulfur fuel required in Michigan Rule 336.1401.
(35) On August 4, 1980 and August 8, 1980, the State of Michigan
submitted to EPA additional information on the transportation control
plan for the Niles, Michigan urbanized area.
(36) On January 10, 1980, the State of Michigan submitted to USEPA a
Final Order (APC No. 16-1979) issued by the Michigan Air Pollution
Control Commission to the Northern Michigan Electric Cooperative Advance
Steam Plant. The Order allows the source to continue burning 2.0% sulfur
coal (maximum daily average) until January 1, 1985 when the Company must
meet the sulfur dioxide (S02) emission limitations in Michigan Rule
336.1401.
(37) On November 26, 1980, the State submitted a schedule to correct
plan
[[Page 215]]
deficiencies cited by USEPA in its September 9, 1980 notice of proposed
rulemaking on a portion of Michigan's Part D TSP control strategy
pertaining to iron and steel sources. On April 1, 1981, the State
submitted a revised schedule. USEPA has not taken action on the schedule
submitted by the State.
(38) On April 10, 1981 the Governor of Michigan committed to
annually administer and submit the questionnaire developed for the
purposes of section 128.
(39) On July 28, 1980, the State of Michigan submitted to EPA, as
revisions to the Michigan SIP, amendments to Rules 283 and 610 of the
Michigan Air Pollution Control Commission.
(40) Revised compliance schedules were submitted by the State of
Michigan, Department of Natural Resources (MDNR) to EPA on January 14,
1981, for the Dundee Cement Company, Monroe County (Michigan Final
Order, APC No. 16--1980, adopted November 19, 1980). The revised Order
provides an earlier final compliance date of December 31, 1980 for
reducing the particulate matter emissions to 0.20 pounds per 1,000
pounds of exhaust gases and December 31, 1981 for visible emission
reductions from the Company's cement kilns.
(41) On April 25, 1979, the State submitted materials which satisfy
the intergovernmental consultation process.
(42) On July 28, 1980, the State submitted an amendment to Michigan
Air Pollution Control Commission Rule 221 which exempts minor sources of
particulate matter and sulfur dioxide from the offset requirements.
(43) On August 25, 1981, the State of Michigan, Department of
Natural Resources (MDNR), submitted to EPA Consent Order No. 16-1981 for
the Marathon Oil Company in Muskegon County. Consent Order No. 16-1981
satisfies USEPA's conditional approval of R336.1603 by providing
detailed compliance schedules containing the increments of progress
required by 40 CFR 51.15.
(44) On September 1, 1981, the State of Michigan, Department of
Natural Resources (MDNR) submitted to USEPA a revision to its R336.1220
requiring offsets in ozone nonattainment areas to exempt the same
compounds listed in EPA's Federal Register of July 22, 1980 (45 FR
48941). The revised R336.1220 also allows offsets of emissions for new
sources in any of the seven counties in the southeastern Michigan ozone
nonattainment area to be obtained from any of those counties, not just
the county in which the new source is locating (Wayne, Oakland, Macomb,
St. Clair, Washtenaw, Livingston, and Monroe).
(45) On May 24, 1980, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 10-1979 for the Buick
Motor Division Complex (BMDC) of the Buick Motors Division, General
Motors Corporation. The BMDC is located in the City of Flint, Genesee
County, a primary nonattainment area. On December 2, 1980, supplementary
information was submitted by MDNR. The Consent Order contains
enforceable emission limitations and control measures for the attainment
of the primary TSP standards in Genesee County by December 31, 1982.
(46) On July 17, 1980, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 01-1980 for the Grey
Iron Casting Plant and the Nodular Iron Casting Plant, of the Chevrolet
Motor Division, General Motors Corporation. The two plants are located
in Saginaw County, a primary nonattainment area. On September 5, 1980
and February 6, 1981, supplementary information was submitted by MDNR.
The Consent Order contains enforceable emission limitations and control
measures for the attainment of the primary TSP standards in Saginaw
County by December 31, 1982.
(47) On March 4, 1981, the State of Michigan, Department of Natural
Resources (MDNR) submitted Consent Order APC No. 12-1980 for the New
Haven Foundry located in Macomb County, a secondary nonattainment area.
The Consent Order contains enforceable emission reductions to achieve
the secondary TSP standards by June 30, 1985.
(48) On May 1, 1981, the State of Michigan, through the Department
of Natural Resources, submitted Consent
[[Page 216]]
Order 07-1981 for the Detroit Edison Company, Boulevard Heating Plant
located in the City of Detroit, Wayne County. Under Michigan Rule
336.1331(1)(a), the plant was restricted to a particulate emission limit
of 0.45 pounds of particulate per 1000 pounds flue gas or an equivalent
of 410 tons per year. The Consent Order, pursuant to Michigan Rule
333.1331(1)(d), establishes a new limitation for the Boulevard Plant of
0.65 pounds per 1000 pounds of flue gas with a daily limit of 0.9 tons
per day and 10 tons per year.
Pursuant to the provisions of 5 U.S.C. 605(b), the Administrator
certified on January 27, 1981 (46 FR 8709) that the attached rule will
not have a significant economic impact on a substantial number of small
entities.
(49) On March 7, 1980 and April 21, 1981 the State of Michigan
submitted particulate studies for the Detroit area. These studies
satisfy EPA's conditional approval and the State's commitment.
(50) On October 22, 1981, the State of Michigan submitted as a SIP
revision Consent Order No. 17-1981, between Conoco, Inc., and the
Michigan Air Pollution Control Commission. The Consent Order establishes
a compliance schedule for Conoco, Inc. to achieve the Volatile Organic
Compounds (VOC) limitations in R336.1609 by December 31, 1982.
(51) On December 27, 1979, the State of Michigan, Department of
Natural Resources (MDNR), submitted to EPA a revision to the State
Implementation Plan (SIP) for Lead. On February 9, 1981, the State of
Michigan submitted a letter clarifying provisions of its Lead SIP. The
SIP provides for the implementation of measures for controlling lead
emissions for the attainment and maintenance of the national ambient air
quality standards for lead in Michigan by October 31, 1982.
(52) On June 26, 1981, the State of Michigan, Department of Natural
Resources, submitted to EPA Consent Order No. 12-1981 for controlling
particulate emissions from the liquid waste incinerator in Building 830
at the Dow Chemical Company's Midland plant. The Consent Order provides
a schedule which establishes a final particulate emissions compliance
date of October 1, 1982.
(53) On August 24, 1981, the State of Michigan, Department of
Natural Resources, submitted to EPA Consent Order APC No. 19-1981 for
controlling particulate emissions from Dow's West Side and South Side
powerplants. On October 16, 1981, the State of Michigan submitted a
letter to EPA clarifying specific sections intended for EPA's rulemaking
action. All particulate emission sources at Dow must comply with various
parts of Michigan's SIP by December 31, 1985. The Consent Order does not
interfere with the attainment of the primary particulate NAAQS standard
by December 31, 1982 or the secondary particulate NAAQS by October 1,
1984.
(54) On December 16, 1981, the State of Michigan submitted to EPA
Consent Order APC No. 21-1981 for the Monitor Sugar Company. Consent
Order APC No. 21-1981 provides for additional controls on its coal-fired
boilers, 1, 2, 3, and 4 and establishes a final compliance date of
October 15, 1982 for attaining the primary National Ambient Air Quality
Standards.
(55) On January 7, 1982, the State of Michigan submitted to EPA
Consent Order APC No. 23-1981 for the Traverse City Board of Light and
Power. Consent Order APC No. 23-1981 limits the company's operation of
its No. 1 and No. 2 coal-fired boilers after December 31, 1982; provides
for additional controls on its No. 4 coal-fired boiler; and establishes
a final compliance date of December 31, 1982.
(56) On September 2, 1981, the State of Michigan submitted a
revision to the ozone plan consisting of RACT requirements for the
control of volatile organic compound emissions from stationary
industrial sources (Group II) referenced in Rules R336.1101-3, 5-9, 14-
16, 18-21, 23; R336.1601, 3-4, 10, 19-27; and R336.2005.
(57) On March 3, 1982, the State of Michigan submitted a
modification to its schedule for submitting by December 31, 1982
regulations developed to correct the State's deficiencies in its Part D
State Implementation Plan for the attainment of the total suspended
particulate air quality standards in its
[[Page 217]]
nonattainment areas containing iron and steel sources.
(58) On December 16, 1981, the State of Michigan submitted as a SIP
revision consent order APC No. 18-1981 between General Motors
Warehousing and Distribution Division and the Michigan Air Pollution
Control Commission. On March 16, 1982, Michigan submitted an amendment
to consent order APC No. 18-1981. The Consent Order provides a one year
extension from October 15, 1982 until October 15, 1983 for the Company's
No. 1 and No. 2 boilers and establishes a compliance date of October 15,
1981, for boilers 3 and 4. The Consent Order contains a schedule for
compliance which specifies emission limits of 0.45 pounds of particulate
per 1,000 pounds of gas as required in Michigan's rule 336.1331(c) Table
31.
(59) [Reserved]
(60) On April 5, 1982, the State of Michigan submitted Consent Order
APC No. 02-1980 along with alterations to Section 5(D) of the Consent
Order for the Hayes-Albion foundry in Calhoun County. The Consent Order
contains control measures beyond the present requirements of Michigan's
R336.1301 and R336.1331 for Total Suspended Particulate (TSP) emissions
and evaluation methods for determining significant particulate emission
sources from the foundry. On June 18, 1982, the State of Michigan also
submitted a Fugitive Dust Control Plan and a Malfunction Abatement Plan
for the Hayes-Albion foundry. On September 21, 1982, the State of
Michigan formally submitted Permits 314-79 and 375-79 for the American
Colloid Plant.
(61) On March 6, 1981, the State of Michigan submitted as a SIP
revision general rules for fugitive dust control. These rules were
approved by the Michigan Air Pollution Control Commission on January 20,
1981, and became effective at the State level on February 17, 1981. On
January 25, 1982, May 3, 1982, and August 24, 1982, Michigan submitted
additional information and commitments. The submittal of March 6, 1981,
along with the additional information and commitments satisfies the
State's commitment to submit industrial fugitive dust regulations that
represent reasonably available control techniques for industrial
fugitive dust sources.
(62) On July 28, 1982, the State of Michigan submitted Consent Order
No. 06-1981 for the Clark Oil and Refining Corporation for volatile
organic compound (VOC) emissions. This revision is a detailed compliance
schedule containing increments of progress with a final compliance date
of December 31, 1982 and an emission limitation of 0.7 pound of organic
vapor per 1000 gallons of organic compound load.
(63) On September 8, 1982, the State of Michigan submitted as a SIP
revision Consent Order No. 03-1982, between the Hydra-Matic Division,
General Motors Corporation and the Michigan Air Pollution Control
Commission. The Consent Order establishes a compliance schedule
containing increments of progress dates and a final date of November 1,
1982 for Boiler No. 5 to comply with Michigan's R336.331.
(64) On September 21, 1982, the State of Michigan submitted as a SIP
revision Consent Order No. 13-1982, between the Diamond Crystal Salt and
the Michigan Air Pollution Control Commission, the Consent Order
establishes a compliance schedule containing increments of progress
dates and a final date of December 18, 1982 for Boiler No. 5 to comply
with Michigan's R336.331.
(65) [Reserved]
(66) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision consent order No. 08-1982,
between the General Motors, Buick Motor Division and the Michigan Air
Pollution Control Commission. The Consent Order establishes a Volatile
Organic Compound (VOC) emissions compliance schedule as required under
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance
date for surface coating operations until December 31, 1987. On November
29, 1982, and March 10, 1983, the State submitted additional
information.
(67) On September 8, 1982, the State of Michigan submitted Consent
Order No. 09-1982, between the General Motors, Fisher Body Division and
the Michigan Air Pollution Control Commission as a State Implementation
Plan (SIP) revision. The Consent Order
[[Page 218]]
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.
(68) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 10-1982,
between Chevrolet Truck Assembly and the Michigan Air Pollution Control
Commission. The Consent Order establishes a Volatile Organic Compound
(VOC) emission compliance schedule as required under Michigan's Rule
336.1603 and 336.1610, and extends the compliance date for surface
coating operations until December 31, 1987. On November 29, 1982, and
March 10, 1983, the State submitted additional information.
(69) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 11-1982,
between the General Motors Fisher Body Division, Fleetwood Plant and the
Michigan Air Pollution Control Commission. On March 10, 1983, the State
submitted additional information for this SIP revision. The Consent
Order establishes a Volatile Organic Compound (VOC) emissions compliance
schedule as required under Michigan's Rules 336.1603 and 336.1610, and
extends the final compliance date for surface coating operations until
December 31, 1987.
(70) On September 8, 1982, the State of Michigan submitted as a
State Implementation Plan (SIP) revision Consent Order No. 12-1982,
between the General Motors, Cadillac Motors Car Division and the
Michigan Air Pollution Control Commission. On March 10, 1983, the State
submitted additional information for this SIP revision. The Consent
Order establishes a Volatile Organic Compound (VOC) emission compliance
schedule as required under Michigan's Rule 336.1603 and R336.1610, and
extends the compliance date for surface coating operations until
December 31, 1987.
(71) On September 1, 1982, the State of Michigan submitted a request
to reduce the size of the ozone demonstration area for Southeast
Michigan from the seven-county area of Wayne, Oakland, Macomb,
Livingston, Monroe, St. Clair and Washtenaw to a three-county area
consisting of Wayne, Oakland, and Macomb Counties.
(72) On November 18, 1982, the State of Michigan submitted Consent
Order APC No. 06-1980, along with alterations for the General Motors
Corporation (GMC) Central Foundry Division, Saginaw Malleable Iron Plant
in the City of Saginaw, County of Saginaw as a revision to the Michigan
SIP. Consent Order No. 06-1980, as amended, reflects an interim and
final particulate emission limit more stringent than Michigan's rule
336.1331; extends the final date of compliance with Michigan's Rule
336.1301 for opacity on the oil quench facilities from December 31,
1982, to December 15, 1983, which is as expeditiously as practicable and
before the July 31, 1985, attainment date for the secondary TSP NAAQS in
Michigan.
(73) On June 30, 1983, the State of Michigan submitted as a State
Implementation Plan (SIP) revision. Consent Order No. 4-1983 between the
General Motors Corporation's Oldsmobile Division and the Michigan Air
Pollution Control Commission. The Consent Order establishes a Volatile
Organic Compound (VOC) emissions compliance schedule as required under
Michigan's Rule 336.1603 and 336.1610, and extends the final compliance
dates for prime, primer-surfacer, topcoat, and final repair operations
until December 31, 1987.
(74) On June 30, 1983, the State of Michigan submitted as a State
Implementation Plan (SIP) revision. Consent Order No. 5-1983, between
the General Motors Corporation's Assembly Division and the Michigan Air
Pollution Control Commission. The Consent Order established a Volatile
Organic Compound (VOC) emission compliance schedule as required under
Michigan's Rule 336.1603 and R336.1610, and provides interim compliance
limits to be achieved by December 31, 1984, and extends the final
compliance dates for topcoating and final repair coating operations
until December 31, 1987.
(75) On October 4, 1983, the State of Michigan submitted: (1) A
revised Consent Order APC No. 12-1979 between
[[Page 219]]
CWC Castings Division of Textron and the Michigan Air Pollution Control
Commission and (2) Article 14, Section J of the Muskegon County APC
Rules. Consent Order APC No. 12-1979 requires reductions of point source
emissions and fugitive emissions and extends the installation schedule
of specified control devices to December 31, 1984. Article 14, Section
J, provides a ban on open residential and leaf burning in Muskegon
County. EPA approves the additional control measures contained in
Consent Order APC No. 12-1979 and the open burning ban. EPA takes no
action on the overall approval of Michigan's Part D secondary
nonattainment area for Muskegon County.
(76) On August 24, 1983, the State of Michigan submitted a State
Implementation Plan (SIP) revision request for an extension of the
compliance date for Boiler No. 2 for the General Motors Corporation
Warehousing and Distribution Division, in Swartz Creek County. Consent
Order No. 18-1981 extends the compliance date until October 15, 1985 for
GMC to install mechanical collectors on Boiler No. 2.
(77) On March 8, 1984, the State of Michigan submitted a report
which demonstrated that Rule 336.1606 contains emission limits
equivalent to Reasonable Available Control Technology (RACT) for Wayne,
Oakland and Macomb Counties. Therefore, USEPA remove its conditional
approval of Rule 336.1606 and fully approves the State's rule.
(78) On September 6, 1984, the State of Michigan submitted a
revision to the Michigan State Implementation Plan for the General
Motors Corporation Buick Motor Division in the form of an Alteration of
Stipulation for Entry of Consent Order and Final Order, No. 8-1982. The
original Consent Order No. 8-1982 was federally approved on July 6,
1983. This alteration revises Consent Order No. 8-1982, in that it
accelerates the final compliance dates for prime and prime-surfacer
operations and extends an interim compliance date for topcoat
operations.
(i) Incorporation by reference.
(A) State of Michigan, Air Pollution Control Commission, Alteration
of Stipulation for Entry Consent Order and Final Order SIP No. 8-1983,
which was approved by the Air Pollution Control Commission on April 2,
1984.
(B) Letter of September 6, 1984, from the State of Michigan,
Department of Natural Resources, to EPA.
(79) On December 2, 1983, USEPA proposed to withdraw its approval of
Michigan's fugitive dust regulations. On April 25, 1985, the State of
Michigan submitted revised Rule 336.1371, existing Rule 336.1372, and
new Rule 336.1373. However, they did not meet the requirements of Part D
of section 172(b); and USEPA, therefore, withdrew its approval of these
submittals, disapproved these submittals, and instituted new source
restrictions for major sources in the Michigan primary Total Suspended
Particulate (TSP) nonattainment areas on August 20, 1985. USEPA
incorporates revised Rule 336.1371 and newly submitted Rule 336.1373
into the Michigan State Implementation Plan because they provide a
framework for the development of fugitive dust control programs at the
State level in Michigan. USEPA retains Rule 336.1372, which is already
incorporated into the Michigan SIP, insofar as it applies to sources in
TSP attainment areas. This paragraph supercedes paragraph (C)(61) of
this section.
(i) Incorporation by reference.
(A) Michigan Department of Natural Resources Rules 336.1371 and
336.1373 (Fugitive Dust Regulations), as adopted on April 23, 1985.
(80) On July 27, 1983, the State of Michigan submitted Consent Order
No. 08-1983 for the General Motors Corporation Central Foundry
Division's Saginaw Malleable Iron Plant, as a revision to the Michigan
State Implementation Plan for Total Suspended Particulates. Consent
Order No. 08-1983 amends control strategy provisions of federally
approved (November 18, 1982 and August 15, 1983) Consent Order No. 06-
1980 and its alteration.
(i) Incorporation by reference.
(A) Stipulation for Entry of Consent Order and Final Order No. 08-
1983 for the General Motors Corporation Central Foundry Division's
Saginaw Malleable Iron Plant amending Control Strategy Provisions issued
June 9, 1983.
(81) On October 1, 1984, the State of Michigan submitted the
Stipulation for Entry of Consent Order and Final
[[Page 220]]
Order, SIP No. 12-1984, between the Consumer Power Company's J.H.
Campbell and the Michigan Air Pollution Control Commission as a revision
to the Michigan SO2 SIP. Consent Order No. 12-1984 provides a
3-year compliance date extension (January 1, 1985, to December 31, 1987)
for the J.H. Campbell Units 1 and 2 to emit SO2 at an
allowable rate on a daily basis of 4.88 lbs/MMBTU in 1985, 4.78 lbs/
MMBTU in 1986, and 4.68 lbs/MMBTU in 1987.
(i) Incorporation by reference.
(A) October 1, 1984, Stipulation for Entry of Consent Order and
Final Order, SIP No. 12-1984, establishing interim daily average
SO2 emission limitations and quarterly average limits on
percent sulfur is fuel fired.
(82) The State of Michigan submitted negative declarations for
several volatile organic compound source categories, as follows:
October 10, 1983--Large petroleum dry cleaners;
May 17, 1985--High-density polyethylene, polypropylene, and polystyrene
resin manufacturers;
June 12, 1985--Synthetic organic chemical manufacturing industry sources
(SOCMI) oxidation.
(i) Incorporation by reference.
(A) Letters dated October 10, 1983, May 17, 1985, and June 12, 1985,
from Robert P. Miller, Chief, Air Quality Division, Michigan Department
of Natural Resources. The letter dated June 12, 1985, includes pages 2-
119 and 2-120 from the revised 1982 Air Quality Implementation Plan for
Ozone and Carbon Monoxide in Southeast Michigan.
(83) On September 16, 1985, the State of Michigan submitted a SIP
revision requesting alternate opacity limits for the Packaging
Corporation of America (PCA) bark boiler. The request is in the form of
a Stipulation for Entry of Consent Order and Final Order (No. 23-1984).
The Consent Order contains an extended schedule for the PCA's bark
boiler to comply with Michigan's Rule 336.1301.
(i) Incorporation by reference.
(A) Stipulation for Entry of Consent Order and Final Order No. 23-
1984 for the Packaging Corporation of America, approved on July 8, 1985.
(84) On April 29, 1986, the State of Michigan submitted a revision
to the Michigan State Implementation Plan (SIP) for total suspended
particulates (TSP). The revision, in the form of Air Pollution Control
Act (APCA) No. 65, revises the State's 1965 APCA No. 348 contained in
the TSP portion of the Michigan SIP with respect to: car ferries having
the capacity to carry more than 110 motor vehicles; and coal-fired
trains used in connection with tourism.
(i) Incorporation by reference.
(A) Act No. 65 of the Public Acts of 1986, as approved by the
Governor of Michigan on March 30, 1986.
(85) On April 25, 1979, the State of Michigan submitted as revisions
to the Air Quality Implementation Plan, Michigan Department of Natural
Resources Air Pollution Control Commission General Rules for Open
Burning; Continuous Emission Monitoring; Air Pollution Episodes;
Organization, Operation and Procedures; and Hearings.
(i) Incorporation by reference.
(A) R 336.1310, Open Burning, effective January 18, 1980.
(B) R 336.2101-3, R 336.2150-5, R 336.336-2159, R 336.2170,
R336.2175-6, R 336.2189-90, and R 336.2199; Continuous Emission
Monitoring, effective January 18, 1980.
(C) R 336.2301-8, Air Pollution Episodes, effective January 18,
1980.
(D) R 336.2601-8, Organization, Operating, and Procedures, effective
January 18, 1980.
(E) R 336.2701-6, Hearings, effective January 18, 1980.
(86) On May 25, 1988, the State of Michigan submitted an SIP
revision in the form of an addendum to the State's Rule 336.1122,
effective at the State level on May 20, 1988. The amendment will allow
coating companies to exclude methyl chloroform from the VOC emission
calculation when it is not technically or economically reasonable. This
exemption applies only to the surface coating operations that are
subject to Part 6 (Emission Limitations and Prohibitions--Existing
Sources of VOC Emissions) or Part 7 (Emission Limitations and
Prohibitions--New Sources of VOC Emissions) of the State's regulations.
(i) Incorporation by reference.
[[Page 221]]
(A) R336.1122, Methyl Chloroform; effective at the State level on
May 20, 1988.
(87)-(89) [Reserved]
(90) On December 17, 1987, the State of Michigan submitted to USEPA
a revision to the Michigan State Implementation Plan for the Continental
Fiber Drum, Inc., which limits volatile organic compound emissions from
the surface coating operations at the facility.
(i) Incorporation by reference.
(A) State of Michigan, Air Pollution Control Commission, Stipulation
for Entry of Consent Order and Final Order No. 14-1987, which was
adopted by the State on December 9, 1987.
(B) Letter of December 17, 1987, from the State of Michigan,
Department of Natural Resources to USEPA.
(91) On May 17, 1985, the State submitted revised rules for the
control of particulate matter from iron and steel sources and from other
sources in Michigan. These rules were submitted to fulfill conditions of
USEPA's May 22, 1981, approval (46 FR 27923 of the State's part D total
suspended particulates (TSP) State Implementation Plan (SIP). USEPA is
approving these revised rules in the Michigan submittal except for the
following provisions: The quench tower limit in rule 336.1331, Table 31,
Section C.8, because allowing water quality limits to apply only to
makeup water is a relaxation; the deletion of the limit in rule 336.1331
for coke oven coal preheater equipment, because it is a relaxation, and
rule 336.1355, because it provides an unlimited exemption for emissions
from emergency relief valves in coke oven gas collector mains.
(i) Incorporation by reference.
(A) Revision to parts 1, 3, and 10 of Michigan's administrative
rules for air pollution control (Act 348 of 1967, as amended) as adopted
by the Michigan Air Pollution Control Commission on December 18, 1984.
These rules became effective in Michigan on February 22, 1985.
(92) On October 10, 1986, the State of Michigan supported portions
of the revised Wayne County Air Pollution Control Division Air Pollution
Control Ordinance as approved by Wayne County on September 19, 1985, as
a revision to the Michigan State Implementation Plan.
(i) Incorporation by reference.
(A) Chapters 1, 2, 3, 5 (except for the portions of Chapter 5,
section 501, of the Wayne County Ordinance which incorporate by
reference the following parts of the State rules: The quench tower limit
in Rule 336.1331, Table 31, Section C.8; the deletion of the limit in
Rule 336.1331 for coke oven coal preheater equipment; and Rule
336.1355), 8 (except section 802), 9, 11, 12, 13 and appendices A and D
of the Wayne County Air Pollution Control Division (WCAPCD) Air
Pollution Control Ordinance as approved by WCAPCD on September 19, 1985.
(93) On November 16, 1992, the Michigan Department of Natural
Resources submitted Natural Resources Commission Rule 336.202 (Rule 2),
Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991
Michigan Air Pollution Reporting Forms, Reference Tables, and General
Instructions as the States emission statement program. Natural Resources
Commission Rule 336.202 (Rule 2) became effective November 11, 1986.
Section 5 and 14a of the 1965 Air Pollution Act 348 became effective
July 23, 1965.
(i) Incorporation by reference.
(A) Natural Resources Commission Rule 336.202 (Rule 2) became
effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution
Act 348 became effective July 23, 1965.
(94) On November 13, 1992, January 8, 1993, and November 12, 1993,
the State of Michigan submitted a Small Business Stationary Source
Technical and Environmental Assistance Program for incorporation in the
Michigan State Implementation Plan as required by section 507 of the
Clean Air Act.
(i) Incorporation by reference.
(A) Small Business Clean Air Assistance Act, Act No. 12, Public Acts
of 1993, approved by the Governor on April 1, 1993, and effective upon
approval.
(95) On November 15, 1993, the State of Michigan requested revision
to the Michigan State Implementation Plan (SIP) to incorporate
miscellaneous technical rule changes that the State had made effective
April 20, 1989.
(i) Incorporation by reference.
[[Page 222]]
(A) Michigan Air Pollution Control Rules: R 336.1107 (except
paragraph (c)); R 336.1121, R 336.1403. R 336.1606, R 336.1607, R
336.1608, R 336.1609, R 336.1616, R 336.1626 (deleted), and R 336.1705,
effective April 20, 1989.
(96) Revisions to the Michigan Regulations submitted on June 12,
1993 and November 12, 1993 by the Michigan Department of Natural
Resources:
(i) Incorporation by reference.
(A) Revisions to the following provisions of the Michigan Air
Pollution Control Commission General Rules filed with the Secretary of
State on April 12, 1993 and effective on April 27, 1993:
(1) R 336.1101 Definitions; A--Revised definitions of the following
terms: actual emissions, air-dried coating, air quality standard,
allowable emissions and alternate opacity.
(2) R 336.1103 Definitions; C--Added definition of coating category.
Revised definitions of the following terms: calendar day, class II
hardboard paneling finish, coating line, coating of automobiles and
light-duty trucks coating of fabric, coating of large appliances,
coating of paper, coating of vinyl, component, component in field gas
service, component in gaseous volatile organic compound service,
component in heavy liquid service, component in light liquid service,
component in liquid volatile organic compound service, condenser,
conveyorized vapor degreaser, and creditable.
(3) R 336.1105 Definitions; E--Added definition of the term extreme
environmental conditions. Revised definitions of the following terms:
electrostatic prep coat, equivalent method and extreme performance
coating.
(4) R 336.1116 Definitions; P--Revised definitions of the following
terms: packaging rotogravure printing, printed interior panel, process
unit turnaround, publication rotogravure printing and pushside. Deleted
definition of the term pneumatic rubber tire manufacturing.
(5) R 336.1122 Definitions; V--Added definition of the term vapor
collection system. Revised definitions of the following terms: very
large precipitator and volatile organic compound.
(6) R 336.1602 General provisions for existing sources of volatile
organic compound emissions (entire rule).
(7) R 336.1610 Existing coating lines; emission of volatile organic
compounds from exiting automobile, light-duty truck, and other product
and material coating lines (entire rule).
(8) R 336.1611 Existing cold cleaners (entire rule).
(9) R 336.1619 Perchloroethylene; emission from existing dry
cleaning equipment (entire rule).
(10) R 336.1620 Emission of volatile organic compounds from existing
flat wood paneling coating lines (entire rule).
(11) R 336.1621 Emission of volatile organic compounds from existing
metallic surface coating lines (entire rule).
(12) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program (entire
rule).
(13) R 336.1623 Storage of petroleum liquids having a true vapor
pressure of more than 1.0 psia, but less than 11.0 psia, in existing
external floating roof stationary vessels of more than 40,000-gallon
capacity (entire rule).
(14) R 336.1625 Emission of volatile organic compounds from existing
equipment utilized in manufacturing synthesized pharmaceutical products
(entire rule).
(15) R 336.1627 Delivery vessels; vapor collection systems (entire
rule).
(16) R 336.1630 Emission of volatile organic compounds from existing
paint manufacturing processes (entire rule).
(17) R 336.1631 Emission of volatile organic compounds from existing
process equipment utilized in manufacture of polystyrene or other
organic resins (entire rule).
(18) R 336.1632 Emission of volatile organic compounds from existing
automobile, truck, and business machine plastic part coating lines
(entire rule).
(19) R 336.1702 General provisions of new sources of volatile
organic compound emissions (entire rule).
(20) R 336.2004 Appendix A; reference test methods; adoption of
federal reference test methods (entire rule).
(21) R 336.2006 Reference test method serving as alternate version
of federal reference test method 25 by incorporating Byron analysis
(entire rule).
[[Page 223]]
(22) R 336.2007 Alternate version of procedure L, referenced in R
336.2040(10) (entire rule).
(23) R 336.2040 Method for determination of volatile organic
compound emissions from coating lines and graphic arts lines (except R
336.2040(9) and R 336.2040(10)).
(24) R 336.2041 Recordkeeping requirements for coating lines and
graphic arts lines (entire rule).
(B) Revisions to the following provisions of the Michigan Air
Pollution Control Commission General Rules filed with the Secretary of
State on November 3, 1993 and effective on November 18, 1993:
(1) R 336.1601 Definitions--Added definition of the term person
responsible.
(2) R 336.1602 General provisions for existing sources of volatile
organic compound emissions--Addition of provisions requiring submittal
of site-specific SIP revisions to EPA for the use of equivalent control
methods allowed under rules 336.1628(1) and 336.1629(1).
(3) R 336.1624 Emission of volatile organic compounds from existing
graphic arts lines (entire rule).
(4) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program (entire rule).
(5) R 336.1629 Emission of volatile organic compounds from
components of existing process equipment used in processing natural gas;
monitoring program (entire rule).
(C) Senate Bill No. 726 of the State of Michigan 87th Legislature
for Stage I controls signed and effective on November 13, 1993.
(D) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 39-1993 which was adopted
by the State on November 12, 1993.
(E) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 40-1993 which was adopted
by the State on November 12, 1993.
(F) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Consent Order and Final Order No. 3-1993 which was adopted
by the State on June 21, 1993.
(97) On November 12, 1993, the State of Michigan submitted a
revision to the State Implementation Plan (SIP) for the implementation
of a motor vehicle inspection and maintenance (I/M) program in the Grand
Rapids and Muskegon ozone nonattainment areas. This revision included
House Bill No. 4165 which establishes an I/M program in Western
Michigan, SIP narrative, and the State's Request for Proposal (RFP) for
implementation of the program. House Bill No. 4165 was signed and
effective on November 13, 1993.
(i) Incorporation by reference.
(A) House Bill No. 4165; signed and effective November 13, 1993.
(ii) Additional materials.
(A) SIP narrative plan titled ``Motor Vehicle Emissions Inspection
and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and
Muskegon MSA Moderate Nonattainment Areas,'' submitted to the EPA on
November 12, 1993.
(B) RFP, submitted along with the SIP narrative on November 12,
1993.
(C) Supplemental materials, submitted on July 19, 1994, in a letter
to EPA.
(98) [Reserved]
(99) On July 13, 1994, the State of Michigan requested a revision to
the Michigan State Implementation Plan (SIP). The State requested that a
consent order for the Eagle-Ottawa Leather Company of Grand Haven be
included in the SIP.
(i) Incorporation by reference. State of Michigan, Department of
Natural Resources, Stipulation for Entry of Consent Order and Final
Order No. 7-1994 which was adopted on July 13, 1994.
(100) On June 11, 1993 the Michigan Department of Natural Resources
(MDNR) submitted a plan, with revisions submitted on April 7, 1994 and
October 14, 1994 for the purpose of bringing about the attainment of the
National Ambient Air Quality Standards for particulate matter with an
aerodynamic diameter less than or equal to a nominal 10 micrometers (PM)
in the Wayne County moderate PM nonattainment area.
(i) Incorporation by reference.
(A) Consent Order 4-1993 effective October 12, 1994 issued by the
MDNR. This
[[Page 224]]
Order limits the PM emissions for the Allied Signal, Inc., Detroit Tar
Plant.
(B) Consent Order 5-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Asphalt Products
Company, Plant 5A.
(C) Consent Order 6-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Clawson Concrete
Company, Plant 1.
(D) Consent Order 7-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Cummings-Moore Graphite
Company.
(E) Consent Order 8-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Delray Connecting
Railroad Company.
(F) Consent Order 9-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Detroit Edison Company,
River Rouge Plant.
(G) Consent Order 10-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Detroit Edison Company,
Sibley Quarry.
(H) Consent Order 11-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the city of Detroit,
Detroit Water and Sewage Department, Wastewater Treatment Plant.
(I) Consent Order 12-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ferrous Processing and
Trading Company.
(J) Consent Order 13-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ford Motor Company,
Rouge Industrial Complex.
(K) Consent Order 14-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Ford Motor Company,
Vulcan Forge.
(L) Consent Order 15-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Detroit Lime Company.
(M) Consent Order 16-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 1.
(N) Consent Order 17-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 3.
(O) Consent Order 18-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 6.
(P) Consent Order 19-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant 4 and 5.
(Q) Consent Order 20-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Edward C. Levy Company,
Plant Scrap Up-Grade Facility.
(R) Consent Order 21-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Marblehead Lime,
Brennan Avenue Plant.
(S) Consent Order 22-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Marblehead Lime, River
Rouge Plant.
(T) Consent Order 23-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the McLouth Steel Company,
Trenton Plant.
(U) Consent Order 24-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Michigan Foundation
Company, Cement Plant.
(V) Consent Order 25-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Michigan Foundation
Company, Sibley Quarry.
(W) Consent Order 26-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Morton International,
Inc., Morton Salt Division.
(X) Consent Order 27-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the National Steel
Corporation, Great Lakes Division.
(Y) Consent Order 28-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for
[[Page 225]]
the National Steel Corporation, Transportation and Materials Handling
Division.
(Z) Consent Order 29-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Peerless Metals
Powders, Incorporated.
(AA) Consent Order 30-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Rouge Steel Company.
(BB) Consent Order 31-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Keywell Corporation.
(CC) Consent Order 32-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the St. Marys Cement
Company.
(DD) Consent Order 33-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the United States Gypsum
Company.
(EE) Consent Order 34-1993 effective October 12, 1994 issued by the
MDNR. This Order limits the PM emissions for the Wyandotte Municipal
Power Plant.
(101) On November 15, 1993, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a motor vehicle inspection and maintenance
program for the Detroit-Ann Arbor area. Michigan submitted House Bill
No. 5016, signed by Governor John Engler on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 5016 signed by the Governor and
effective on November 13, 1993.
(102) On November 12, 1993, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a section 175A maintenance plan for the Detroit-
Ann Arbor area as part of Michigan's request to redesignate the area
from moderate nonattainment to attainment for ozone. Elements of the
section 175A maintenance plan include a base year (1993 attainment year)
emission inventory for NOX and VOC, a demonstration of
maintenance of the ozone NAAQS with projected emission inventories
(including interim years) to the year 2005 for NOX and VOC, a
plan to verify continued attainment, a contingency plan, and an
obligation to submit a subsequent maintenance plan revision in 8 years
as required by the Clean Air Act. If the area records a violation of the
ozone NAAQS (which must be confirmed by the State), Michigan will
implement one or more appropriate contingency measure(s) which are
contained in the contingency plan. Appropriateness of a contingency
measure will be determined by an urban airshed modeling analysis. The
Governor or his designee will select the contingency measure(s) to be
implemented based on the analysis and the MDNR's recommendation. The
menu of contingency measures includes basic motor vehicle inspection and
maintenance program upgrades, Stage I vapor recovery expansion, Stage II
vapor recovery, intensified RACT for degreasing operations,
NOX RACT, and RVP reduction to 7.8 psi. Michigan submitted
legislation or rules for basic I/M in House Bill No 5016, signed by
Governor John Engler on November 13, 1993; Stage I and Stage II in
Senate Bill 726 signed by Governor John Engler on November 13, 1993; and
RVP reduction to 7.8 psi in House Bill 4898 signed by Governor John
Engler on November 13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 5016 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan Senate Bill 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(103) On August 26, 1994 Michigan submitted a site-specific SIP
revision in the form of a consent order for incorporation into the
federally enforceable ozone SIP. This consent order determines
Reasonably Available Control Technology (RACT) specifically for the
Enamalum Corporation Novi, Michigan facility for the emission of
volatile organic compounds (VOCs).
(i) Incorporation by reference. The following Michigan Stipulation
for Entry of Final Order By Consent.
(A) State of Michigan, Department of Natural Resources, Stipulation
for Entry of Final Order By Consent No. 6-1994 which was adopted by the
State on June 27, 1994.
[[Page 226]]
(104) On July 13, 1995, the Michigan Department of Natural Resources
(MDNR) submitted a contingency measures plan for the Wayne County
particulate matter nonattainment area.
(i) Incorporation by reference.
(A) State of Michigan Administrative Rule 374 (R 336.1374),
effective July 26, 1995.
(105) [Reserved]
(106) On March 9, 1995, the State of Michigan submitted as a
revision to the Michigan State Implementation Plan for ozone a State
Implementation Plan for a section 175A maintenance plan for the Grand
Rapids area as part of Michigan's request to redesignate the area from
moderate nonattainment to attainment for ozone. Elements of the section
175A maintenance plan include an attainment emission inventory for
NOX and VOC, a demonstration of maintenance of the ozone
NAAQS with projected emission inventories to the year 2007 for
NOX and VOC, a plan to verify continued attainment, a
contingency plan, and a commitment to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If a
violation of the ozone NAAQS, determined not to be attributable to
transport from upwind areas, is monitored, Michigan will implement one
or more appropriate contingency measure(s) contained in the contingency
plan. Once a violation of the ozone NAAQS is recorded, the State will
notify EPA, review the data for quality assurance, and conduct a
technical analysis, including an analysis of meteorological conditions
leading up to and during the exceedances contributing to the violation,
to determine local culpability. This preliminary analysis will be
submitted to EPA and subjected to public review and comment. The State
will solicit and consider EPA's technical advice and analysis before
making a final determination on the cause of the violation. The Governor
or his designee will select the contingency measure(s) to be implemented
within six months of a monitored violation attributable to ozone and
ozone precursors from the Grand Rapids area. The menu of contingency
measures includes a motor vehicle inspection and maintenance program,
Stage II vapor recovery, gasoline RVP reduction to 7.8 psi, RACT on
major non-CTG VOC sources in the categories of coating of plastics,
coating of wood furniture, and industrial cleaning solvents. Michigan
submitted legislation or rules for I/M in House Bill No 4165, signed by
Governor John Engler on November 13, 1993; Stage II in Senate Bill 726
signed by Governor John Engler on November 13, 1993; and RVP reduction
to 7.8 psi in House Bill 4898 signed by Governor John Engler on November
13, 1993.
(i) Incorporation by reference.
(A) State of Michigan House Bill No. 4165 signed by the Governor and
effective on November 13, 1993.
(B) State of Michigan Senate Bill 726 signed by the Governor and
effective on November 13, 1993.
(C) State of Michigan House Bill No. 4898 signed by the Governor and
effective on November 13, 1993.
(107) [Reserved]
(108) On May 16, 1996, the State of Michigan submitted a revision to
the Michigan State Implementation Plan (SIP). This revision is for the
purpose of establishing a gasoline Reid vapor pressure (RVP) limit of
7.8 pounds per square inch (psi) for gasoline sold in Wayne, Oakland,
Macomb, Washtenaw, Livingston, St. Clair, and Monroe counties in
Michigan.
(i) Incorporation by reference.
(A) House Bill No. 4898; signed and effective November 13, 1993.
(B) Michigan Complied Laws, Motor Fuels Quality Act, Chapter 290,
Sections 642, 643, 645, 646, 647, and 649; all effective November 13,
1993.
(C) Michigan Complied Laws, Weights and Measures Act of 1964,
Chapter 290, Sections 613, 615; all effective August 28, 1964.
(ii) Additional materials.
(A) Letter from Michigan Governor John Engler to Regional
Administrator Valdas Adamkus, dated January 5, 1996.
(B) Letter from Michigan Director of Environmental Quality Russell
Harding to Regional Administrator Valdas Adamkus, dated May 14, 1996.
(C) State report titled ``Evaluation of Air Quality Contingency
Measures for Implementation in Southeast Michigan,'' submitted to the
EPA on May 14, 1996.
[[Page 227]]
(109) On December 13, 1994 and January 19, 1996, Michigan submitted
correspondence and Executive Orders 1991-31 and 1995-18 which indicated
that the executive branch of government had been reorganized. As a
result of the reorganization, delegation of the Governor's authority
under the Clean Air Act was revised. The Environmental Protection
Agency's approval of these Executive Orders is limited to those
provisions affecting air pollution control. The Air Pollution Control
Commission was abolished and its authority was initially transferred to
the Director of the Michigan Department of Natural Resources (DNR).
Subsequently, the Michigan Department of Natural Resources of
Environmental Quality (DEQ) was created by elevating eight program
divisions and two program offices previously located within the DNR. The
authority then earlier vested to the Director of the Michigan DNR was
then transferred to the Director of the Michigan DEQ with the exception
of some administrative appeals decisions.
(i) Incorporation by reference.
(A) State of Michigan Executive Order 1991-31 Commission of Natural
Resources, Department of Natural Resources, Michigan Department of
Natural Resources Executive Reorganization. Introductory and concluding
words of issuance and Title I: General; Part A: Sections 1, 2, 4 and 5,
Part B. Title III: Environmental Protection; Part A: Sections 1 and 2,
Part B. Title IV: Miscellaneous; Parts A and B, Part C: Sections 1, 2,
4, Part D. Signed by John Engler, Governor, November 8, 1991. Filed with
the Secretary of State November 8, 1991. Effective January 7, 1992.
(B) State of Michigan Executive Order No. 1995-18 Michigan
Department of Environmental Quality, Michigan Department of Natural
Resources Executive Reorganization. Introductory and concluding words of
issuance. Paragraphs 1, 2, 3(a) and (g), 4, 7, 8, 9, 10, 11, 12, 13, 15,
16, 17, 18. Signed by John Engler, Governor, July 31, 1995. Filed with
the Secretary of State on August 1, 1995. Effective September 30, 1995.
(110) A revision to Michigan's State Implementation Plan (SIP),
containing part of Michigan's Natural Resources and Environmental
Protection Act, was submitted by the Michigan Department of
Environmental Quality (MDEQ) on May 16, 1996, and supplemented on
September 23, 1997. On December 30, 1997, MDEQ withdrew much of the
original submittal. The revision incorporated below contains control
requirements and applicable definitions for fugitive dust sources.
(i) Incorporation by reference. The following sections of Part 55 of
Act 451 of 1994, the Natural Resources and Environmental Protection Act
are incorporated by reference.
(A) 324.5524 Fugitive dust sources or emissions, effective March 30,
1995.
(B) 324.5525 Definitions, effective March 30, 1995.
(111) On March 18, 1999, the State of Michigan submitted a revision
to the Michigan State Implementation Plan for carbon monoxide containing
a section 175A maintenance plan for the Detroit area as part of
Michigan's request to redesignate the area from nonattainment to
attainment for carbon monoxide. Elements of the section 175A maintenance
plan include a base year (1996 attainment year) emission inventory for
CO, a demonstration of maintenance of the ozone NAAQS with projected
emission inventories to the year 2010, a plan to verify continued
attainment, a contingency plan, and an obligation to submit a subsequent
maintenance plan revision in 8 years as required by the Clean Air Act.
If the area records a violation of the CO NAAQS (which must be confirmed
by the State), Michigan will implement one or more appropriate
contingency measure(s) which are in the contingency plan. The menu of
contingency measures includes enforceable emission limitations for
stationary sources, transportation control measures, or a vehicle
inspection and maintenance program.
(112) The Michigan Department of Environmental Quality (MDEQ)
submitted a revision to Michigan's State Implementation Plan (SIP) on
August 20, 1998, and supplemented it on November 3, 1998. The revision
removed from the SIP the following rules, which the State rescinded
effective May 28,
[[Page 228]]
1997: R 336.91 Purpose; R 336.92 Suspension of enforcement; requests by
local agencies; R 336.93 Local agency requirements prior to suspension
of enforcement; R 336.94 Commission public hearings on applications; R
336.95 Suspension of enforcement; procedures and public notice; R 336.96
Suspension of enforcement; conditions; R 336.97 Commission review of
local agency programs; renewal of suspended enforcement; R 336.601
Affected counties and areas; R 336.602 Attainment of national ambient
air quality standards; exemption from inspection and maintenance program
requirements; R 336.603 Ozone and carbon monoxide attainment status
determination; R 336.1373 Fugitive dust control requirements; areas
listed in table 36; R 336.1501 Emission limits; extension of compliance
date past January 1, 1980, generally; R 336.1502 Application; copies; R
336.1503 Application; contents; R 336.1504 Denial of request for
extension past January 1, 1980; R 336.1505 Grant of extension past
January 1, 1980; R 336.1506 Receipt of full and complete application;
public notice; inspection; public hearing; R 336.1507 Modification or
revocation of order granting extension; immediate effect; R 336.1603
Compliance program; R 336.2010 Reference test method 5A; R 336.2199(c);
R 336.2601 Organization; R 336.2602 Offices and meetings; R 336.2603
Documents available for inspection and copying; R 336.2604 Document
inspection and copying procedures; tape recording transcriptions; R
336.2605 Functions; R 336.2608 Hearings and informal conferences; R
336.2301 Definition of air pollution episode; R 336.2302 Definition of
air pollution forecast; R 336.2303 Definition of air pollution alert; R
336.2304 Definition of air pollution warning; R 336.2305 Definition of
air pollution emergency; R 336.2306 Declaration of air pollution
episodes; R 336.2307 Episode emission abatement programs; and R 336.2308
Episode orders. The rules incorporated below contain revisions to
degreasing, perchloroethylene dry cleaning, petroleum refinery,
synthetic organic chemical manufacturing, and delivery vessel loading
rules.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) R 336.1611 Existing cold cleaners, effective June 13, 1997.
(B) R336.1612 Existing open top vapor degreasers, effective June 13,
1997.
(C) R 336.1613 Existing conveyorized cold cleaners, effective June
13, 1997.
(D) R 336.1614 Existing conveyorized vapor degreasers, effective
June 13, 1997.
(E) R 336.1619 Standards for perchloroethylene dry cleaning
equipment, effective June 13, 1997.
(F) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program,
effective June 13, 1997.
(G) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program, effective June 13,
1997.
(H) R 336.1651 Standards for Degreasers, effective June 13, 1997.
(I) R 336.1706 Loading delivery vessels with organic compounds
having a true vapor pressure of more than 1.5 psia at new loading
facilities handling 5,000,000 or more gallons of such compounds per
year, effective June 13, 1997.
(J) R 336.1707 New cold cleaners, effective June 13, 1997.
(K) R 336.1708 New open top vapor degreasers, effective June 13,
1997.
(L) R 336.1709 New conveyorized cold cleaners, effective June 13,
1997.
(M) R 336.1710 New conveyorized vapor degreasers, effective June 13,
1997.
(113) On March 9, 1995, the State of Michigan submitted a revision
to the Michigan State Implementation Plan for ozone containing a section
175A maintenance plan for the Muskegon County area as part of Michigan's
request to redesignate the area from nonattainment to attainment for
ozone. Elements of the section 175A maintenance plan include a
contingency plan, and an obligation to submit a subsequent maintenance
plan revision in 8 years as required by the Clean Air Act. If the area
records a violation of the 1-hour ozone NAAQS, determined not to be
attributable to transport from upwind areas, Michigan will implement one
or more appropriate contingency
[[Page 229]]
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.
(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.
(120) [Reserved]
(121) On April 3, 2003, the Michigan Department of Environmental
Quality (MDEQ) submitted regulations restricting emissions of oxides of
nitrogen (NOX) to address the Phase I NOX SIP Call
requirements. EPA conditionally approved Michigan's April 3, 2003, SIP
revision on April 16, 2004. On May 27, 2004 and August 5, 2004, Michigan
subsequently submitted for EPA approval SIP revisions to address the
requirements found in EPA's conditional approval. These additional
submittals, in combination with the original SIP revision, fulfill the
Phase I NOX SIP Call requirements.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
[[Page 230]]
(A) R336.1802 Applicability under oxides of nitrogen budget trading
program, effective May 20, 2004.
(B) R336.1803 Definitions for oxides of nitrogen budget trading
program, effective December 4, 2002.
(C) R336.1804 Retired unit exemption from oxides of nitrogen budget
trading program, effective May 20, 2004.
(D) R336.1805 Standard requirements of oxides of nitrogen budget
trading program, effective December 4, 2002.
(E) R336.1806 Computation of time under oxides of nitrogen budget
trading program, effective December 4, 2002.
(F) R336.1807 Authorized account representative under oxides of
nitrogen budget trading program, effective December 4, 2002.
(G) R336.1808 Permit requirements under oxides of nitrogen budget
trading program, effective December 4, 2002.
(H) R336.1809 Compliance certification under oxides of nitrogen
budget trading program, effective December 4, 2002.
(I) R336.1810 Allowance allocations under oxides of nitrogen budget
trading program, effective December 4, 2002.
(J) R336.1811 New source set-aside under oxides of nitrogen budget
trading program, effective May 20, 2004.
(K) R336.1812 Allowance tracking system and transfers under oxides
of nitrogen budget trading program, effective December 4, 2002.
(L) R336.1813 Monitoring and reporting requirements under oxides of
nitrogen budget trading, effective December 4, 2002.
(M) R336.1814 Individual opt-ins under oxides of nitrogen budget
trading program, effective December 4, 2002.
(N) R336.1815 Allowance banking under oxides of nitrogen budget
trading program, effective December 4, 2002.
(O) R336.1816 Compliance supplement pool under oxides of nitrogen
budget trading program, effective December 4, 2002.
(P) R336.1817 Emission limitations and restrictions for Portland
cement kilns, effective December 4, 2002.
(122) On April 3, 2003, May 28, 2003, September 17, 2004, October
25, 2004 and June 8, 2005, Michigan submitted revisions to the State
Implementation
Plan which affect the following sections of the Michigan
Administrative Code: Part 3: Emission Limitations and Prohibitions--
Particulate Matter; Part 4: Emission Limitations and Prohibitions--
Sulfur-bearing Compounds; Part 6: Emission Limitations and
Prohibitions--Existing Sources of Volatile Organic Compound Emissions;
Part 7: Emission Limitations and Prohibitions--New Sources of Volatile
Organic Compound Emissions; Part 9: Emission Limitations and
Prohibitions--Miscellaneous; Part 10: Intermittent Testing and Sampling;
and Part 11: Continuous Emission Monitoring.
(i) Incorporation by reference. The following sections of the
Michigan Administrative Code are incorporated by reference.
(A) Revisions to the following provisions of the Michigan
Administrative Code, effective April 30, 1998:
(1) R 336.1358 Roof monitor visible emissions at steel manufacturing
facilities from electric arc furnaces and blast furnaces.
(2) R 336.1361 Visible emissions from blast furnace casthouse
operations at steel manufacturing facilities.
(3) R 336.1362 Visible emissions from electric arc furnace
operations at steel manufacturing facilities.
(4) R 336.1363 Visible emissions from argon-oxygen decarburization
operations at steel manufacturing facilities.
(B) R 336.1625 Emission of volatile organic compound from existing
equipment utilized in manufacturing synthesized pharmaceutical products,
filed with the Secretary of State on November 14, 2000 and effective
November 30, 2000.
(C) Revisions to the following provisions of the Michigan
Administrative Code, filed with the Secretary of State March 11, 2002
and effective March 19, 2002:
(1) R 336.1301 Standards for density of emissions.
(2) R 336.1303 Grading visible emissions.
(3) R 336.1330 Electrostatic precipitator control systems.
(4) R 336.1331 Emission of particulate matter, except C8 of Table
31.
(5) R 336.1371 Fugitive dust control programs other than areas
listed in table 36.
[[Page 231]]
(6) R 336.1372 Fugitive dust control program; required activities;
typical control methods.
(7) R 336.1374 Particulate matter contingency measures; area listed
in table 37.
(8) R 336.1401 Emission of sulfur dioxide from power plants.
(9) R 336.1403 Oil- and natural gas-producing or transporting
facilities and natural gas-processing facilities; emissions; operation.
(10) R 336.1601 Definitions.
(11) R 336.1604 Storage of organic compounds having true vapor
pressure of more than 1.5 psia, but less than 11 psia, in existing fixed
roof stationary vessels of more than 40,000-gallon capacity.
(12) R 336.1605 Storage of organic compounds having true vapor
pressure of 11 or more psia in existing stationary vessels of more than
40,000-gallon capacity.
(13) R 336.1606 Loading gasoline into existing stationary vessels of
more than 2,000-gallon capacity at dispensing facilities handling
250,000 or more gallons per year.
(14) R 336.1607 Loading gasoline into existing stationary vessels of
more than 2,000-gallon capacity at loading facilities.
(15) R 336.1608 Loading gasoline into delivery vessels at existing
loading facilities handling less than 5,000,000 gallons per year.
(16) R 336.1615 Existing vacuum-producing systems at petroleum
refineries.
(17) R 336.1616 Process unit turnarounds at petroleum refineries.
(18) R 336.1617 Existing organic compound-water separators at
petroleum refineries.
(19) R 336.1618 Use of cutback paving asphalt.
(20) R 336.1619 Standards for perchloroethylene dry cleaning
equipment; adoption of standards by reference.
(21) R 336.1622 Emission of volatile organic compounds from existing
components of petroleum refineries; refinery monitoring program.
(22) 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.
(23) R 336.1627 Delivery vessels; vapor collection systems.
(24) R 336.1628 Emission of volatile organic compounds from
components of existing process equipment used in manufacturing synthetic
organic chemicals and polymers; monitoring program.
(25) R 336.1629 Emission of volatile organic compounds from
components of existing process equipment used in processing natural gas;
monitoring program.
(26) R 336.1630 Emission of volatile organic compounds from existing
paint manufacturing processes.
(27) R 336.1631 Emission of volatile organic compounds from existing
process equipment utilized in manufacture of polystyrene or other
organic resins.
(28) R 336.1702 New sources of volatile organic compound emissions
generally.
(29) R 336.1705 Loading gasoline into delivery vessels at new
loading facilities handling less than 5,000,000 gallons per year.
(30) R 336.1906 Diluting and concealing emissions.
(31) R 336.1911 Malfunction abatement plans.
(32) R 336.1930 Emission of carbon monoxide from ferrous cupola
operations.
(33) R 336.2001 Performance tests by owner.
(34) R 336.2002 Performance tests by department.
(35) R 336.2003 Performance test criteria.
(36) R 336.2004 Appendix A; reference test methods; adoption of
Federal reference test methods.
(37) R 336.2005 Reference test methods for delivery vessels.
(38) R 336.2007 Alternate version of procedure L, referenced in R
336.2040(10).
(39) R 336.2013 Reference test method 5D.
(40) R 336.2021 Figures.
(41) R 336.2040 Method for determination of volatile organic
compound emissions from coating lines and graphic arts lines, except
subrules (9) and (10).
[[Page 232]]
(42) R 336.2101 Continuous emission monitoring, fossil fuel-fired
steam generators.
(43) R 336.2150 Performance specifications for continuous emission
monitoring systems.
(44) R 336.2155 Monitor location for continuous emission monitoring
systems.
(45) R 336.2159 Alternative continuous emission monitoring systems.
(46) R 336.2170 Monitoring data reporting and recordkeeping.
(47) R 336.2189 Alternative data reporting or reduction procedures.
(48) R 336.2190 Monitoring system malfunctions.
(D) Revisions to the following provisions of the Michigan
Administrative Code, effective October 15, 2004:
(1) R 336.2012 Reference test method 5C.
(2) R 336.2014 Reference test method 5E.
(3) R 336.2175 Data reduction procedures for fossil fuel-fired steam
generators.
(E) R 336.2011 Reference test method 5B, filed with the Secretary of
State on April 21, 2005 and effective April 29, 2005.
[37 FR 10873, May 31, 1972. Redesignated and amended at 71 FR 52469,
Sept. 6, 2006]
Editorial Note: For Federal Register citations affecting Sec.
52.1190 (formerly Sec. 52.1170), see the List of CFR Sections Affected,
which appears in the Finding Aids section of the printed volume and at
www.fdsys.gov.
Subpart Y_Minnesota
Sec. 52.1219 Identification of plan--conditional approval.
(a) On November 12, 1993, the Minnesota Pollution Control Agency
submitted a revision request to Minnesota's carbon monoxide SIP for
approval of the State's basic inspection and maintenance (I/M) program.
The basic I/M program requirements apply to sources in the State's
moderate nonattainment areas for carbon monoxide and includes the
following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and
Washington Counties. The USEPA is conditionally approving Minnesota's
basic I/M program provided that the State adopt specific enforceable
measures as outlined in its July 5, 1994 letter from Charles W.
Williams, Commissioner, Minnesota Air Pollution Control Agency.
(i) Incorporation by reference.
(A) Minnesota Rules relating to Motor Vehicle Emissions parts
7023.1010 to 7023.1105, effective January 8, 1994.
(ii) Additional material.
(A) Letter from the State of Minnesota to USEPA dated July 5, 1994.
(b) On February 9, 1996, the State of Minnesota submitted a request
to revise its particulate matter (PM) State Implementation Plan (SIP)
for the Saint Paul area. This SIP submittal contains administrative
orders which include control measures for three companies located in the
Red Rock Road area--St. Paul Terminals, Inc., Lafarge Corporation and
AMG Resources Corporation. Recent exceedances were attributed to changes
of emissions/operations that had occurred at particular sources in the
area. The results from the modeling analysis submitted with the Red Rock
Road SIP revision, preliminarily demonstrate protection of the PM
National Ambient Air Quality Standards (NAAQS). However, due to the lack
of emission limits and specific information regarding emission
distribution at Lafarge Corporation following the installation of the
pneumatic unloader, EPA is conditionally approving the SIP revision at
this time. Final approval will be conditioned upon EPA receiving a
subsequent modeled attainment demonstration with specific emission
limits for Lafarge Corporation, corrected inputs for Peavey/Con-Agra,
and consideration of the sources in the 2-4 km range which have
experienced emission changes that may impact the Red Rock Road
attainment demonstration.
[59 FR 51863, Oct. 13, 1994, as amended at 62 FR 39123, July 22, 1997]
Sec. 52.1220 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Minnesota under section 110 of the Clean
Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air
Quality Standards.
(b) Incorporation by reference.
[[Page 233]]
(1) Material listed in paragraphs (c) and (d) of this section with
an EPA approval date prior to December 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 the EPA approval
dates after December 1, 2004, will be incorporated by reference in the
next update to the SIP compilation.
(2) EPA Region 5 certifies that the rules/regulations provided by
the 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
December 1, 2004.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 5, Air Programs
Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and
Radiation Docket and Information Center, 1301 Constitution Avenue NW.,
Room B108, Washington, DC 20460; or 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 Minnesota Regulations
----------------------------------------------------------------------------------------------------------------
State
Minnesota citation Title / subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
CHAPTER 7001 PERMITS AND CERTIFICATIONS
----------------------------------------------------------------------------------------------------------------
7001.0020.............. Scope................. 08/10/93 05/02/95, 60 FR 21447.. Only items I and J.
7001.0050.............. Written application... 08/10/93 05/02/95, 60 FR 21447.. Only item I.
7001.0140.............. Final determination... 08/10/93 05/02/95, 60 FR 21447.. Only Subp. 2F.
7001.0180.............. Justification to 08/10/93 05/02/95, 60 FR 21447.. Only item D.
commence revocation
without reissuance of
permit.
7001.0550.............. Contents of part a of 08/10/93 05/02/95, 60 FR 21447.. Only items E and J(3).
application.
7001.3050.............. Permit requirements... 08/10/93 05/02/95, 60 FR 21447.. Only Subp. 3E.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7002 PERMIT FEES
----------------------------------------------------------------------------------------------------------------
7002.0005.............. Scope................. 08/10/93 05/02/95, 60 FR 21447..
7002.0015.............. Definitions........... 08/10/93 05/02/95, 60 FR 21447.. Only Subp. 1 and 2.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7005 DEFINITIONS AND ABBREVIATIONS
----------------------------------------------------------------------------------------------------------------
7005.0100.............. Definitions........... 11/19/07 08/10/11, 76 FR 49303..
7005.0110.............. Abbreviations......... 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
CHAPTER 7007 AIR EMISSION PERMITS
----------------------------------------------------------------------------------------------------------------
7007.0050.............. Scope................. 08/10/93 05/02/95, 60 FR 21447..
7007.0100.............. Definitions........... 08/10/93 05/02/95, 60 FR 21447..
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 9a, 12a,
12b, 17, 18a, and 28.
7007.0150.............. Permit required....... 08/10/93 05/02/95, 60 FR 21447..
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 2 and 4.
7007.0200.............. Sources required or 08/10/93 05/02/95, 60 FR 21447..
allowed to obtain a
part 70 permit.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1.
[[Page 234]]
7007.0250.............. Sources required to 08/10/93 05/02/95, 60 FR 21447..
obtain a state permit.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1 and 7.
7007.0300.............. Sources not required 08/10/93 05/02/95, 60 FR 21447..
to obtain a permit.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1.
7007.0350.............. Existing source 08/10/93 05/02/95, 60 FR 21447..
application deadlines
and source operation
during transition.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1A.
7007.0400.............. Permit reissuance 08/10/93 05/02/95, 60 FR 21447..
applications after 12/27/94 05/18/99, 64 FR 26880..
transition; new Revised Subp. 1 and 4..
source and permit
amendment
applications;
applications for
sources newly subject
to a Part 70 or State
permit requirement.
7007.0450.............. Permit reissuance 08/10/93 05/02/95, 60 FR 21447..
applications and 12/27/94 05/18/99, 64 FR 26880..
continuation of Revised Subp. 2C.......
expiring permits.
7007.0500.............. Content of permit 08/10/93 05/02/95, 60 FR 21447..
application.
7007.0550.............. Confidential 08/10/93 05/02/95, 60 FR 21447..
information.
7007.0600.............. Complete application 08/10/93 05/02/95, 60 FR 21447..
and supplemental
information
requirements.
7007.0650.............. Who receives an 08/10/93 05/02/95, 60 FR 21447..
application.
7007.0700.............. Completeness review... 08/10/93 05/02/95, 60 FR 21447..
7007.0750.............. Application priority 08/10/93 05/02/95, 60 FR 21447..
and issuance
timelines.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 5.
7007.0800.............. Permit content........ 08/10/93 05/02/95, 60 FR 21447..
02/28/95 10/14/97, 62 FR 53239.. Revised Subp. 6.C(5).
7007.0850.............. Permit application 08/10/93 05/02/95, 60 FR 21447..
notice and comment.
7007.0900.............. Review of part 70 08/10/93 05/02/95, 60 FR 21447..
permits by affected
states.
7007.0950.............. EPA review and 08/10/93 05/02/95, 60 FR 21447..
objection.
7007.1000.............. Permit issuance and 08/10/93 05/02/95, 60 FR 21447..
denial.
7007.1050.............. Duration of permits... 08/10/93 05/02/95, 60 FR 21447..
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 3a.
7007.1100.............. General permits....... 08/10/93 05/02/95, 60 FR 21447..
7007.1110.............. Registration permit 12/27/94 05/18/99, 64 FR 26880..
general requirements.
7007.1115.............. Registration permit 12/27/94 05/18/99, 64 FR 26880..
option a.
7007.1120.............. Registration permit 12/27/94 05/18/99, 64 FR 26880..
option b.
7007.1130.............. Registration permit 12/27/94 05/18/99, 64 FR 26880..
option d.
7007.1150.............. When a permit 08/10/93 05/02/95, 60 FR 21447..
amendment is required.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. (C).
[[Page 235]]
7007.1200.............. Calculating emission 12/27/94 05/18/99, 64 FR 26880..
changes for permit
amendments.
7007.1250.............. Insignificant 08/10/93 05/02/95, 60 FR 21447..
modifications.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 1.
7007.1251.............. Hazardous air 12/27/94 05/18/99, 64 FR 26880..
pollutant thresholds.
7007.1300.............. Insignificant 08/10/93 05/02/95, 60 FR 21447..
activities list.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 2, 3,
and 4.
7007.1350.............. Changes which 08/10/93 05/02/95, 60 FR 21447..
contravene certain
permit terms.
7007.1400.............. Administrative permit 08/10/93 05/02/95, 60 FR 21447..
amendments.
7007.1450.............. Minor and moderate 08/10/93 05/02/95, 60 FR 21447..
permit amendments.
12/27/94 05/18/99, 64 FR 26880.. Revised Subp. 2.
7007.1500.............. Major permit 08/10/93 05/02/95, 60 FR 21447..
amendments.
7007.1600.............. Permit reopening and 08/10/93 05/02/95, 60 FR 21447..
amendment by agency.
7007.1650.............. Reopenings for cause 08/10/93 05/02/95, 60 FR 21447..
by EPA.
7007.1700.............. Permit revocation by 08/10/93 05/02/95, 60 FR 21447..
agency.
7007.1750.............. Federal enforceability 08/10/93 05/02/95, 60 FR 21447..
7007.1800.............. Permit shield......... 08/10/93 05/02/95, 60 FR 21447..
7007.1850.............. Emergency provision... 08/10/93 05/02/95, 60 FR 21447..
----------------------------------------------------------------------------------------------------------------
Offsets
----------------------------------------------------------------------------------------------------------------
7007.4000.............. Scope................. 10/18/93 05/24/95, 60 FR 27411..
7007.4010.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411..
7007.4020.............. Conditions for permit. 10/18/93 05/24/95, 60 FR 27411..
7007.4030.............. Limitation on use of 10/18/93 05/24/95, 60 FR 27411..
offsets.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7009 AMBIENT AIR QUALITY STANDARDS
----------------------------------------------------------------------------------------------------------------
7009.0010.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411..
7009.0020.............. Prohibited emissions.. 10/18/93 5/24/95, 60 FR 27411...
7009.0050.............. Interpretation and 6/1/99 8/10/11, 76 FR 49303...
measurement
methodology, except
for hydrogen sulfide.
7009.0060.............. Measurement 07/94-06/95 08/10/11, 76 FR 49303.. 19 SR 550.
methodology for
hydrogen sulfide.
7009.0070.............. Time of compliance.... 10/18/93 05/24/95, 60 FR 27411. 7.
7009.0080.............. State ambient air 06/01/99 08/10/11, 76 FR 49303..
quality standards.
----------------------------------------------------------------------------------------------------------------
Air Pollution Episodes
----------------------------------------------------------------------------------------------------------------
7009.1000.............. Air pollution episodes 03/18/96 08/10/11, 76 FR 49303..
7009.1010.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411. ......................
7009.1020.............. Episode levels........ 10/18/93 05/24/95, 60 FR 27411. ......................
7009.1030.............. Episode declaration... 10/18/93 05/24/95, 60 FR 27411. ......................
[[Page 236]]
7009.1040.............. Control actions....... 01/12/98 08/10/11, 76 FR 49303..
7009.1050.............. Emergency powers...... 10/18/93 05/24/95, 60 FR 27411. ......................
7009.1060.............. Table 1............... 10/18/93 05/24/95, 60 FR 27411
7009.1070.............. Table 2: emission 10/18/93 05/24/95, 60 FR 27411. ......................
reduction objectives
for particulate
matter.
7009.1080.............. Table 3: emission 10/18/93 05/24/95, 60 FR 27411. ......................
objectives for sulfur
oxides.
7009.1090.............. Table 4: emission 10/18/93 05/24/95, 60 FR 27411. ......................
reduction objectives
for nitrogen oxides.
7009.1100.............. Table 5: emission 10/18/93 05/24/95, 60 FR 27411. ......................
reduction objectives
for hydrocarbons.
7009.1110.............. Table 6: emission 10/18/93 05/24/95, 60 FR 27411. ......................
reduction objectives
for carbon monoxide.
----------------------------------------------------------------------------------------------------------------
Adoption of Federal Regulations
----------------------------------------------------------------------------------------------------------------
7009.9000.............. Determining conformity 11/20/95 04/23/97, 62 FR 19674.
of general Federal
actions to state or
Federal
implementation plans.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7011 STANDARDS FOR STATIONARY SOURCES
----------------------------------------------------------------------------------------------------------------
7011.0010.............. Applicability of 06/01/99 08/10/11, 76 FR 49303..
standards of
performance.
7011.0020.............. Circumvention......... 10/18/93 05/24/95, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------
Control Equipment
----------------------------------------------------------------------------------------------------------------
7011.0060.............. Definitions........... 11/19/07 08/10/11, 76 FR 49303..
7011.0061.............. Incorporation by 11/19/07 08/10/11, 76 FR 49303..
reference.
7011.0065.............. Applicability......... 11/19/07 08/10/11, 76 FR 49303..
7011.0070.............. Listed control 11/19/07 08/10/11, 76 FR 49303..
equipment and control
equipment
efficiencies.
7011.0072.............. Requirements for 11/19/07 08/10/11, 76 FR 49303..
certified hoods.
7011.0075.............. Listed control 11/19/07 08/10/11, 76 FR 49303..
equipment general
requirements.
7011.0080.............. Monitoring and record 11/19/07 08/10/11, 76 FR 49303..
keeping for listed
control equipment.
----------------------------------------------------------------------------------------------------------------
Emission Standards for Visible Air Contaminants
----------------------------------------------------------------------------------------------------------------
7011.0100.............. Scope................. 10/18/93 05/24/95, 60 FR 27411.
7011.0105.............. Visible emission 07/13/98 08/10/11, 76 FR 49303..
restrictions for
existing facilities.
7011.0110.............. Visible emission 01/12/98 08/10/11, 76 FR 49303..
restrictions for new
facilities.
7011.0115.............. Performance tests..... 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
----------------------------------------------------------------------------------------------------------------
Control of Fugitive Pariculate Matter
----------------------------------------------------------------------------------------------------------------
7011.0150.............. Preventing particulate 03/18/96 08/10/11, 76 FR 49303..
matter from becoming
airborne.
----------------------------------------------------------------------------------------------------------------
Indirect Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0500.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.0505.............. Determination of 10/18/93 05/24/95, 60 FR 27411.
applicable standards
of performance.
7011.0510.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for
existing indirect
heating equipment.
[[Page 237]]
7011.0515.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for new
indirect heating
equipment.
7011.0520.............. Allowance for stack 10/18/93 05/24/95, 60 FR 27411.
height for indirect
heating equipment.
7011.0525.............. High heating value.... 10/18/93 05/24/95, 60 FR 27411.
7011.0530.............. Performance test 10/18/93 05/24/95, 60 FR 27411..
methods.
7011.0535.............. Performance test 01/12/98 08/10/11, 76 FR 49303..
procedures.
7011.0540.............. Derate................ 10/18/93 05/24/95, 60 FR 27411.
7011.0545.............. Table I: existing 10/18/93 05/24/95, 60 FR 27411.
indirect heating
equipment.
7011.0550.............. Table II: new indirect 10/18/93 05/24/95, 60 FR 27411.
heating equipment.
7011.0551.............. Record keeping and 05/11/98 08/10/11, 76 FR 49303..
reporting for
indirect heating
units combusting
solid waste.
7011.0553.............. Nitrogen oxides 07/94-06/95 08/10/11, 76 FR 49303.. 19 SR 1666.
emission reduction
requirements for
affected sources.
----------------------------------------------------------------------------------------------------------------
Direct Heating Fossil-Fuel-Burning Equipment
----------------------------------------------------------------------------------------------------------------
7011.0600.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.0605.............. Determination of 10/18/93 05/24/95, 60 FR 27411.
applicable standards
of performance.
7011.0610.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for
fossil-fuel-burning
direct heating
equipment.
7011.0615.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.0620.............. Performance test 01/12/98 08/10/11, 76 FR 49303..
procedures.
7011.0625.............. Record keeping and 05/11/98 08/10/11, 76 FR 49303..
reporting for direct
heating units
combusting solid
waste.
----------------------------------------------------------------------------------------------------------------
Industrial Process Equipment
----------------------------------------------------------------------------------------------------------------
7011.0700.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411..
7011.0705.............. Scope................. 10/18/93 05/24/95, 60 FR 27411.
7011.0710.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for pre-
1969 industrial
process equipment.
7011.0715.............. Standards of 10/18/93 05/24/95, 60 FR 27411.
performance for post-
1969 industrial
process equipment.
7011.0720.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.0725.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
7011.0730.............. Table 1............... 11/19/07 08/10/11, 76 FR 49303..
7011.0735.............. Table 2............... 10/18/93 05/24/95, 60 FR 27411..
----------------------------------------------------------------------------------------------------------------
Concrete Manufacturing Plant Standards Of Performance
----------------------------------------------------------------------------------------------------------------
7011.0850.............. Definitions........... 04/21/03 08/10/11, 76 FR 49303..
7011.0852.............. Standards of 11/23/98 08/10/11, 76 FR 49303..
performance for
concrete
manufacturing plants.
7011.0854.............. Concrete manufacturing 11/23/98 08/10/11, 76 FR 49303..
plant control
equipment
requirements.
7011.0857.............. Preventing particulate 11/23/98 08/10/11, 76 FR 49303..
matter from becoming
airborne.
7011.0858.............. Noise................. 11/23/98 08/10/11, 76 FR 49303..
7011.0859.............. Shutdown and breakdown 11/23/98 08/10/11, 76 FR 49303..
procedures.
7011.0865.............. Incorporations by 04/21/03 08/10/11, 76 FR 49303..
reference.
[[Page 238]]
7011.0870.............. Stage-one vapor 04/21/03 08/10/11, 76 FR 49303..
recovery.
----------------------------------------------------------------------------------------------------------------
Hot Mix Asphalt Plants
----------------------------------------------------------------------------------------------------------------
7011.0900.............. Definitions........... 06/01/99 08/10/11, 76 FR 49303..
7011.0903.............. Compliance with 04/15/96 08/10/11, 76 FR 49303..
ambient air quality
standards.
7011.0905.............. Standards of 04/15/96 08/10/11, 76 FR 49303..
performance for
existing asphalt
concrete plants.
7011.0911.............. Maintenance of dryer 04/15/96 08/10/11, 76 FR 49303..
burner.
7011.0913.............. Hot mix asphalt plant 05/24/04 08/10/11, 76 FR 49303..
materials, fuels, and
additives operating
requirements.
7011.0917.............. Asphalt plant control 11/29/04 08/10/11, 76 FR 49303..
equipment
requirements.
7011.0920.............. Performance tests..... 04/15/96 08/10/11, 76 FR 49303..
7011.0922.............. Operational 04/15/96 08/10/11, 76 FR 49303..
requirements and
limitations from
performance tests.
----------------------------------------------------------------------------------------------------------------
Bulk Agricultural Commodity Facilities
----------------------------------------------------------------------------------------------------------------
7011.1000.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1005.............. Standards of 11/19/07 08/10/11, 76 FR 49303..
performance for dry
bulk agricultural
commodity facilities.
7011.1010.............. Nuisance.............. 10/18/93 05/24/95, 60 FR 27411.
7011.1015.............. Control requirements 10/18/93 05/24/95, 60 FR 27411.
schedule.
----------------------------------------------------------------------------------------------------------------
Coal Handling Facilities
----------------------------------------------------------------------------------------------------------------
7011.1100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1105.............. Standards of 01/12/98 08/10/11, 76 FR 49303..
performance for
certain coal handling
facilities.
7011.1110.............. Standards of 01/12/98 08/10/11, 76 FR 49303..
performance for
existing outstate
coal handling
facilities.
7011.1115.............. Standards of 10/18/93 05/24/95, 60 FR 27411.
performance for
pneumatic coal-
cleaning equipment
and thermal dryers at
any coal handling
facility.
7011.1120.............. Exemption............. 10/18/93 05/24/95, 60 FR 27411.
7011.1125.............. Cessation of 10/18/93 05/24/95, 60 FR 27411.
operations.
7011.1135.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
7011.1140.............. Dust suppressant 10/18/93 05/24/95, 60 FR 27411.
agents.
----------------------------------------------------------------------------------------------------------------
Waste Combustors
----------------------------------------------------------------------------------------------------------------
7011.1201.............. Definitions........... 05/11/98 08/10/11, 76 FR 49303..
7011.1205.............. Incorporations by 05/11/98 08/10/11, 76 FR 49303..
reference.
----------------------------------------------------------------------------------------------------------------
Incinerators
----------------------------------------------------------------------------------------------------------------
7011.1300.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1305.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for
existing sewage
sludge incinerators.
7011.1310.............. Standards of 01/12/98 08/10/11, 76 FR 49303..
performance for new
sewage sludge
incinerators.
7011.1315.............. Monitoring of 10/18/93 05/24/95, 60 FR 27411.
operations.
[[Page 239]]
7011.1320.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.1325.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
----------------------------------------------------------------------------------------------------------------
Petroleum Refineries
----------------------------------------------------------------------------------------------------------------
7011.1400.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1405.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for
existing affected
facilities at
petroleum refineries.
7011.1410.............. Standards of 07/13/98 08/10/11, 76 FR 49303..
performance for new
affected facilities
at petroleum
refineries.
7011.1415.............. Exemptions............ 01/12/98 08/10/11, 76 FR 49303..
7011.1420.............. Emission monitoring... 03/01/99 08/10/11, 76 FR 49303..
7011.1425.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.1430.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
----------------------------------------------------------------------------------------------------------------
Liquid Petroleum And Volatile Organic Liquid Storage Vessels
----------------------------------------------------------------------------------------------------------------
7011.1500.............. Definitions........... 06/01/99
7011.1505.............. Standards of 10/18/93 05/24/95, 60 FR 27411.
performance for
storage vessels.
7011.1510.............. Monitoring of 10/18/93 05/24/95, 60 FR 27411.
operations.
7011.1515.............. Exception............. 10/18/93 05/24/95, 60 FR 27411.
----------------------------------------------------------------------------------------------------------------
Sulfuric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1600.............. Definitions........... 01/12/98
7011.1605.............. Standards of 10/18/93 05/24/95, 60 FR 27411.
performance of
existing sulfuric
acid production units.
7011.1615.............. Continuous emission 03/01/99 08/10/11, 76 FR 49303..
monitoring.
7011.1620.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.1625.............. Performance test *1 08/10/11, 76 FR 49303..
procedures.
7011.1630.............. Exceptions............ 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
----------------------------------------------------------------------------------------------------------------
Nitric Acid Plants
----------------------------------------------------------------------------------------------------------------
7011.1700.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.1705.............. Standards of 01/12/98 08/10/11, 76 FR 49303..
performance for
existing nitric acid
production units.
7011.1715.............. Emission monitoring... 03/01/99 08/10/11, 76 FR 49303..
7011.1720.............. Performance test 10/18/93 05/24/95, 60 FR 27411.
methods.
7011.1725.............. Performance test 07/93-06/94 08/10/11, 76 FR 49303.. 18 SR 1412.
procedures.
----------------------------------------------------------------------------------------------------------------
Emission Standards For Inorganic Fibrous Materials
----------------------------------------------------------------------------------------------------------------
7011.2100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411.
7011.2105.............. Spraying of inorganic 10/18/93 05/24/95, 60 FR 27411.
fibrous materials.
----------------------------------------------------------------------------------------------------------------
[[Page 240]]
Stationary Internal Combustion Engines
----------------------------------------------------------------------------------------------------------------
7011.2300.............. Standards of 02/21/95 08/10/11, 76 FR 49303..
performance for
stationary internal
combustion engines.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7017 MONITORING AND TESTING REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7017.0100.............. Establishing 02/28/95 10/14/97, 62 FR 53239.
violations.
----------------------------------------------------------------------------------------------------------------
Compliance Assurance Monitoring
----------------------------------------------------------------------------------------------------------------
7017.0200.............. Incorporation by 05/24/04 08/10/11, 76 FR 49303..
reference.
----------------------------------------------------------------------------------------------------------------
Continuous Monitoring Systems
----------------------------------------------------------------------------------------------------------------
7017.1002.............. Definitions........... 03/01/99 08/10/11, 76 FR 49303..
7017.1004.............. Applicability......... 03/01/99 08/10/11, 76 FR 49303..
7017.1006.............. Requirement to install 03/01/99 08/10/11, 76 FR 49303..
monitor.
7017.1010.............. Incorporation of 03/01/99 08/10/11, 76 FR 49303..
Federal monitoring
requirements by
reference.
7017.1020.............. Continuous emission 07/94-06/95 08/10/11, 76 FR 49303.. 19 SR 1666.
monitoring by
affected sources.
7017.1030.............. Agency access to 03/01/99 08/10/11, 76 FR 49303..
witness or conduct
tests.
7017.1035.............. Testing required...... 03/01/99 08/10/11, 76 FR 49303..
7017.1040.............. Installation 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1050.............. Monitor certification 03/01/99 08/10/11, 76 FR 49303..
and recertification
test.
7017.1060.............. Precertification test 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1070.............. Certification test 03/01/99 08/10/11, 76 FR 49303..
procedures.
7017.1080.............. Certification test 03/01/99 08/10/11, 76 FR 49303..
report requirements.
7017.1090.............. Monitor operational 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1100.............. Evidence of 03/01/99 08/10/11, 76 FR 49303..
noncompliance.
7017.1110.............. Excess emissions 03/01/99 08/10/11, 76 FR 49303..
reports.
7017.1120.............. Submittals............ 03/01/99 08/10/11, 76 FR 49303..
7017.1130.............. Record keeping........ 03/01/99 08/10/11, 76 FR 49303..
7017.1135.............. Applicability......... 03/01/99 08/10/11, 76 FR 49303..
7017.1140.............. CEMS design 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1150.............. CEMS testing company 03/01/99 08/10/11, 76 FR 49303..
requirement.
7017.1160.............. CEMS monitoring data.. 03/01/99 08/10/11, 76 FR 49303..
7017.1170.............. Quality assurance and 03/01/99 08/10/11, 76 FR 49303..
control requirements
for CEMS.
7017.1180.............. Quality control 03/01/99 08/10/11, 76 FR 49303..
reporting and
notification
requirements for CEMS.
7017.1185.............. Applicability......... 03/01/99 08/10/11, 76 FR 49303..
7017.1190.............. COMS design 03/01/99 08/10/11, 76 FR 49303..
requirements.
7017.1200.............. COMS monitoring data.. 03/01/99 08/10/11, 76 FR 49303..
7017.1210.............. Quality assurance and 03/01/99 08/10/11, 76 FR 49303..
control requirements
for COMS.
[[Page 241]]
7017.1220.............. Quality assurance and 03/01/99 08/10/11, 76 FR 49303..
control reporting
requirements for COMS.
----------------------------------------------------------------------------------------------------------------
Performance Tests
----------------------------------------------------------------------------------------------------------------
7017.2001.............. Applicability......... 07/13/98 08/10/11, 76 FR 49303..
7017.2005.............. Definitions........... 11/19/07 08/10/11, 76 FR 49303..
7017.2010.............. Incorporation of test 07/13/98 08/10/11, 76 FR 49303..
methods by reference.
7017.2015.............. Incorporation of 07/13/98 08/10/11, 76 FR 49303..
Federal testing
requirements by
reference.
7017.2018.............. Submittals............ 05/24/04 08/10/11, 76 FR 49303..
7017.2020.............. Performance tests 11/19/07 08/10/11, 76 FR 49303..
general requirements.
7017.2025.............. Operational 03/01/99 08/10/11, 76 FR 49303..
requirements and
limitations.
7017.2030.............. Performance test 03/01/99 08/10/11, 76 FR 49303..
pretest requirements.
7017.2035.............. Performance test 07/13/98 08/10/11, 76 FR 49303..
reporting
requirements.
7017.2040.............. Certification of 07/13/98 05/13/02, 67 FR 31963..
performance test
results.
7017.2045.............. Quality assurance 07/13/98 08/10/11, 76 FR 49303..
requirements.
7017.2050.............. Performance test 07/13/98 08/10/11, 76 FR 49303..
methods.
7017.2060.............. Performance test 07/13/98 08/10/11, 76 FR 49303..
procedures.
----------------------------------------------------------------------------------------------------------------
CHAPTER 7019 EMISSION INVENTORY REQUIREMENTS
----------------------------------------------------------------------------------------------------------------
7019.1000.............. Shutdowns and 06/01/99 08/10/11, 76 FR 49303..
breakdowns.
7019.3000.............. Emission inventory.... 11/19/07 08/10/11, 76 FR 49303..
7019.3020.............. Calculation of actual 11/19/07 08/10/11, 76 FR 49303..
emissions for
emission inventory.
7019.3030.............. Method of calculation. 11/19/07 08/10/11, 76 FR 49303..
7019.3040.............. Continuous emission 03/01/99 08/10/11, 76 FR 49303..
monitor (CEM) data.
7019.3050.............. Performance test data. 11/19/07 08/10/11, 76 FR 49303..
7019.3060.............. Volatile organic 1997 08/10/11, 76 FR 49303.. 21 SR 165.
compound (VOC)
material balance.
7019.3070.............. So material balance... 1997 08/10/11, 76 FR 49303.. 21 SR 165.
7019.3080.............. Emission factors...... 11/19/07 08/10/11, 76 FR 49303..
7019.3090.............. Enforceable 1997 08/10/11, 76 FR 49303.. 21 SR 165.
limitations.
7019.3100.............. Facility proposal..... 1997 08/10/11, 76 FR 49303.. 21 SR 165.
CHAPTER 7023 MOBILE AND INDIRECT SOURCES
----------------------------------------------------------------------------------------------------------------
7023.0100.............. Definitions........... 10/18/93 05/24/95, 60 FR 27411..
7023.0105.............. Standards of 10/18/93 05/24/95, 60 FR 27411..
performance for motor
vehicles.
7023.0110.............. Standards of 10/18/93 05/24/95, 60 FR 27411..
performance for
trains, boats, and
construction
equipment.
7023.0115.............. Exemption............. 10/18/93 05/24/95, 60 FR 27411..
7023.0120.............. Air pollution control 10/18/93 05/24/95, 60 FR 27411..
systems restrictions.
7023.1010.............. Definitions........... 01/08/94 10/29/99, 64 FR 58344.. Entire rule except for
Subp. 35(B)
7023.1015.............. Inspection Requirement 01/08/94 10/29/99, 64 FR 58344..
[[Page 242]]
7023.1020.............. Description of 01/08/94 10/29/99, 64 FR 58344..
Inspection and
Documents Required.
7023.1025.............. Tampering Inspection.. 01/08/94 10/29/99, 64 FR 58344..
7023.1030.............. Exhaust Emission Test. 01/08/94 10/29/99, 64 FR 58344.. Entire rule except for
Subp. 11(B, C)
7023.1035.............. Reinspections......... 01/08/94 10/29/99, 64 FR 58344..
7023.1040.............. Vehicle Inspection 01/08/94 10/29/99, 64 FR 58344..
Report.
7023.1045.............. Certificate of 01/08/94 10/29/99, 64 FR 58344..
Compliance.
7023.1050.............. Vehicle Noncompliance 01/08/94 10/29/99, 64 FR 58344..
and Repair.
7023.1055.............. Certificate of Waiver. 01/08/94 10/29/99, 64 FR 58344.. Entire rule except for
Subp. 1 (E)(2).
7023.1060.............. Emission Control 01/08/94 10/29/99, 64 FR 58344..
Equipment Inspection
as a Condition of
Waiver.
7023.1065.............. Repair Cost Limit and 01/08/94 10/29/99, 64 FR 58344..
Low Emission
Adjustment.
7023.1070.............. Certificate of 01/08/94 10/29/99, 64 FR 58344..
Temporary Extension,
Certificate of Annual
Exemption, and
Certificate of
Exemption.
7023.1075.............. Evidence of Meeting 01/08/94 10/29/99, 64 FR 58344..
State Inspection
Requirements.
7023.1080.............. Fleet Inspection 01/08/94 10/29/99, 64 FR 58344..
Station Permits,
Procedures, and
Inspection.
7023.1085.............. Inspection Stations 01/08/94 10/29/99, 64 FR 58344..
Testing Fleet
Vehicles.
7023.1090.............. Exhaust Gas Analyzer 01/08/94 10/29/99, 64 FR 58344..
Specifications;
Calibration and
Qality Control.
7023.1095.............. [repealed, 18 sr 1593] 01/08/94 10/29/99, 64 FR 58344..
7023.1100.............. Public Notification... 01/08/94 10/29/99, 64 FR 58344..
7023.1105.............. Inspection Fees....... 01/08/94 10/29/99, 64 FR 58344.. ......................
----------------------------------------------------------------------------------------------------------------
Minnesota Statutes
----------------------------------------------------------------------------------------------------------------
17.135................. Farm Disposal of Solid 1993 05/24/95, 60 FR 27411.. Only item (a).
Waste.
88.01.................. Definitions........... 1993 05/24/95, 60 FR 27411.. Only Subd. 1, 2, 3, 4,
6, 14, 20, 23, 24,
25, and 26.
88.02.................. Citation, Wildfire Act 1993 05/24/95, 60 FR 27411..
88.03.................. Codification.......... 1993 05/24/95, 60 FR 27411..
88.16.................. Starting Fires; 1993 05/24/95, 60 FR 27411.. Only Subd. 1 and 2
Burners; Failure to
Report a Fire.
88.17.................. Permission to Start 1993 05/24/95, 60 FR 27411..
Fires; Prosecution
for Unlawfully
Starting Fires.
88.171................. Open Burning 1993 05/24/95, 60 FR 27411.. Only Subd. 1, 2, 5, 6,
Prohibitions. 7, 8, 9, and 10
----------------------------------------------------------------------------------------------------------------
Twin Cities Nonattainment Area for Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
116.60................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 12.
116.61................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 1 and 3.
116.62................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 2, 3, 5,
and 10.
116.63................. ...................... 1999 10/29/99, 64 FR 58344.. Only Subd. 4.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved state source-specific requirements.
[[Page 243]]
EPA--Approved Minnesota Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
Aggregate Industries......... 12300007-002 04/03/09 3/11/10, 75 FR 11461........... Only conditions
cited as
``Title I
condition: SIP
for PM10
NAAQS.''
Associated Milk Producers, 10900010-001 5/5/97 3/9/01, 66 FR 14087............ Title I
Inc. conditions
only.
Commercial Asphalt CO, Plant 12300347-002 9/10/99 7/12/00, 65 FR 42861........... Title I
905. conditions
only.
2/25/94 9/09/94, 59 FR 46553........... Amendment One
to Findings
and Order.
ELT Minneapolis, LLC......... 003000245-001 09/10/08 August 3, 2010, 75 FR 45480.... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Federal Cartridge Company.... 00300156-003 12/28/07 4/24/09, 74 FR 18634........... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Flint Hills Resources Pine ............... 08/29/11 05/15/13, 78 FR 28501.......... Amendment Nine
Bend, LLC. to Findings
and Order.
Franklin Heating Station..... 1148-83-OT-1 6/19/98 3/09/01, 66 FR 14087........... Title I
[10900019] conditions
only.
GAF Building Materials....... ............... 5/27/92 4/14/94, 59 FR 17703........... Findings and
Order.
9/18/97 2/08/99, 64 FR 5936............ Amendment Two
to Findings
and Order.
Gerdau Ameristeel US, Inc.... 12300055-004 9/10/08 5/20/09, 74 FR 23632........... Only conditions
cited as
``Title I
condition: SIP
for PM10
NAAQS.''
Gopher Resource, LLC......... 03700016-003 6/29/10 1/13/11, 76 FR 2263............ Only conditions
cited as
``Title I
condition: SIP
for Lead
NAAQS.''
Great Lakes Coal & Dock Co... 8/25/92 02/15/94, 59 FR 7218........... Amended
Findings and
Order.
12/21/94 6/13/95, 60 FR 31088........... Amendment One
to Amended
Findings and
Order.
Harvest States Cooperatives.. 1/26/93 2/15/94, 59 FR 7218............ Findings and
Order.
12/21/94 6/13/95, 60 FR 31088........... Amendment One
to Findings
and Order.
Hoffman Enclosures........... 00300155-001 01/31/08 4/24/09, 74 FR 18634........... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
International Business 10900006-001 06/03/98 03/09/01, 66 FR 14087.......... Title I
Machine Corp., IBM-- conditions
Rochester. only.
Lafarge North America 12300391-002 11/17/07 9/11/07, 72 FR 51713........... Only conditions
Corporation, Childs Road cited as
Terminal. ``Title I
condition: SIP
for PM-10
NAAQS.''
Lafarge Corp., Red Rock 12300353-002 05/07/02 08/19/04, 68 FR 51371.......... Title I
Terminal. conditions
only.
Marathon Petroleum, LLC...... 16300003-016 09/11/09 12/28/10, 75 FR 81471.......... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Metropolitan Council 12300053-006 02/25/10 12/16/10, 75 FR 78602.......... Only conditions
Environmental Services cited as
Metropolitan Wastewater ``Title I
Treatment Plant. condition: SIP
for PM10
NAAQS.''
Minneapolis Energy Center Inc 05/27/92 04/14/94, 59 FR 17706.......... Findings and
Order for Main
Plant, Baker
Boiler Plant,
and the Soo
Line Boiler
Plant.
12/21/94 06/13/95, 60 FR 31088.......... Amendment One
to Third
Amended
Findings and
Order.
09/23/97 02/08/99, 64 FR 5936........... Amendment Two
to Third
Amended
Findings and
Order.
Northern States Power Co., 05300015-001 05/11/99 02/26/02, 67 FR 8727........... Title I
Riverside Plant. conditions
only.
Olmsted County, Olmsted Waste- 10900005-002 08/23/07 04/21/09, 74 FR 18138.......... Only conditions
to-Energy Facility. cited as
``Title I
condition: SIP
for SO2.''
[[Page 244]]
Rochester Public Utilities, 100900020-003 12/28/07 4/24/09, 74 FR 18638........... Only conditions
Cascade Creek Combustion. cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Rochester Public Utilities, 10900011-004 9/7/07 December 2, 2009, 74 FR 63066.. Only conditions
Silver Lake Plant. cited as
``Title I
Condition: SIP
for SO2'' and
``Title I
Condition: SIP
for PM10.''
St. Mary's Hospital.......... 10900008-003 3/1/10 8/12/10, 75 FR 48864........... Only conditions
cited as
``Title I
condition: SIP
for SO2
NAAQS.''.
St. Paul Terminals........... 02/02/96 07/22/97, 62 FR 39120.......... Findings and
Order.
Xcel Energy--Inver Hills 03700015-003 10/27/06 12/5/07, 72 FR 68508........... Only conditions
Generating Plant. cited as
``Title I
condition: SIP
for SO2
NAAQS.''
Xcel Energy--Northern States Administrative 05/02/12 6/12/2012, 77 FR 34801......... See Final Rule
Power Company, Sherburne Order for details.
County Generating Station.
----------------------------------------------------------------------------------------------------------------
(e) EPA approved nonregulatory provisions.
EPA--Approved Minnesota Nonregulatory Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic State submittal date/ effective
Name of nonregulatory SIP provision or nonattainment area date EPA approved date Comments
--------------------------------------------------------------------------------------------------------------------------------------------------------
Air Quality Surveillance Plan....... Statewide............. 05/08/80, 06/02/80.............. 03/04/81, 46 FR 15138...........
CAA 110(a)(2)(D)(i) SIP-Interstate Statewide............. 10/23/07........................ 06/02/08, 73 FR 31366...........
Transport.
Carbon Monoxide 1993 periodic Anoka, Carver, Dakota, 09/28/95........................ 10/23/97, 62 FR 55170...........
Emission Inventory. Hennepin, Ramsey,
Scott, Washington,
and Wright Counties.
Deletion of TSP Designations........ Statewide............. 07/10/02, 67 FR 45637...........
Duluth Carbon Monoxide Redesignation St. Louis County 10/30/92........................ 04/14/94, 59 FR 17708...........
and Maintenance Plan. (part).
Duluth Carbon Monoxide St. Louis County...... 07/3/79 and 07/27/79............ 06/16/80, 45 FR 40579...........
Transportation Control Plan.
10/30/92........................ 04/14/94, 59 FR 17706........... Removal of
transportation
control measure.
Lead Maintenance Plan............... Dakota County......... 06/22/93........................ 10/18/94, 59 FR 52431........... Corrected codification
information on 05/31/
95 at 60 FR 28339.
Lead Monitoring Plan................ Statewide............. 04/26/83, 02/15/84, and 02/21/84 07/05/84, 49 FR 27502........... Entire Lead Plan
except for the New
Source Review
portion.
Oxygenated Fuels Program--Carbon Anoka, Carver, Dakota, 04/29/92........................ 02/21/96, 61 FR6547............. Laws of Minnesota for
Monoxide Contingency Measure. Hennepin, Ramsey, 1992 Chapter 575,
Scott, Washington, section 29(b).
and Wright Counties.
Regional Haze Plan.................. statewide............. 12/30/2009 and 5/8/2012......... 6/12/2012, 77 FR 34801.......... Includes all regional
haze plan elements
except BART emission
limitations for the
taconite facilities.
[[Page 245]]
Rochester Carbon Monoxide Olmstead County....... 07/3/79 and 07/27/79............ 06/16/80, 45 FR 40579...........
Transportation Control Plan.
Rochester PM-10 Redesignation and Olmstead County....... 09/07/94........................ 05/31/95, 60 FR 28339...........
Maintenance Plan.
Rochester Sulfur Dioxide Olmstead County....... 110/4/98........................ 03/09/01, 66 FR 14087...........
Redesignation and Maintenance Plan.
Small Business Stationary Source Statewide............. 04/29/92........................ 03/16/94, 59 FR 12165........... MN Laws Ch 546
Technical and Environmental sections 5 through 9.
Compliance Assistance Plan.
St. Cloud Carbon Monoxide Benton, Sherbourne, 08/31/89........................ 06/28/93, 58 FR 34532...........
Redesignation. and Stearns Counties.
St. Cloud Carbon Monoxide Benton, Sherbourne, 05/17/79........................ 12/13/79, 44 FR 72116...........
Transportation Control Plan. and Stearns Counties.
08/31/89........................ 06/28/93, 58 FR 34529...........
St. Paul PM-10 Redesignation and Ramsey County......... 06/20/02........................ 07/26/02, 67 FR 48787...........
Maintenance Plan.
Twin Cities Carbon Monoxide Anoka, Carver, Dakota, 03/23/98........................ 10/29/99, 64 FR 58347...........
Redesignation and Maintenance Plan. Hennepin, Ramsey,
Scott, Washington,
and Wright Counties.
Twin Cities Carbon Monoxide Anoka, Carver, Dakota, 07/3/79 and 07/27/79............ 06/16/80, 45 FR 40579...........
Transportation Control Plan. Hennepin, Ramsey, 07/21/81........................ 12/08/81, 46 FR 59972...........
Scott, and Washington 05/20/85 and 04/17/86........... 12/31/86, 51 FR 47237...........
Counties.
Twin Cities / Pine Bend Sulfur Anoka, Carver, Dakota, 09/07/94........................ 05/31/95, 60 FR 28339........... Except for St. Paul
Dioxide Redesignation and Hennepin, Ramsey, and ................................ ................................ Park area.
Maintenance Plan. Washington Counties. 10/03/95........................ 05/13/97, 62 FR 26230........... St. Paul Park area.
Alternative Public Participation Statewide............. 12/07/05........................ 07/05/06, 71 FR 32274...........
Process.
Lead Maintenance Plan............... Dakota County......... 11/18/2002 and 11/19/2007....... 8/4/2008, 73 FR 31614........... Maintenance plan
update.
Section 110(a)(2) Infrastructure Statewide............. 11/29/07........................ 7/13/11, 76 FR 41075............ This action addresses
Requirements for the 1997 8-Hour the following CAA
Ozone NAAQS. elements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
Minnesota continues
to implement the
Federally promulgated
rules for the
prevention of
significant
deterioration as they
pertain to section
110(a)(2)(C) and (J).
[[Page 246]]
Section 110(a)(2) Infrastructure Statewide............. 11/29/07........................ 7/13/11, 76 FR 41075............ This action addresses
Requirements for the 1997 PM2.5 the following CAA
NAAQS. elements:
110(a)(2)(A), (B),
(C), (D)(ii), (E),
(F), (G), (H), (J),
(K), (L), and (M).
Minnesota continues
to implement the
Federally promulgated
rules for the
prevention of
significant
deterioration as they
pertain to section
110(a)(2)(C) and (J).
Section 110(a)(2) Infrastructure Statewide............. 5/23/2011, 6/27/2012 (submittal 10/29/2012, 77 FR 65478......... This action addresses
Requirements for the 2006 24-Hour dates). the following CAA
Ozone NAAQS. elements:
110(a)(2)(A), (B),
(C), (D)(i)(II),
(D)(ii), (E), (F),
(G), (H), (J), (K),
(L), and (M). We are
not finalizing action
on the visibility
protection
requirements of
(D)(i)(II) or the
state board
requirements of
(E)(ii). We will
address these
requirements in a
separate action.
Although EPA is
disapproving portions
of Minnesota's
submission addressing
the prevention of
significant
deterioration,
Minnesota continues
to implement the
Federally promulgated
rules for this
purpose as they
pertain to section
110(a)(2)(C),
(D)(i)(II), (D)(ii),
and (J).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[70 FR 8932, Feb. 24, 2005]
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 at www.fdsys.gov.
Sec. 52.1221 Classification of regions.
The Minnesota plan was evaluated on the basis of the following
classifications:
[[Page 247]]
----------------------------------------------------------------------------------------------------------------
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 Original Identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Minnesota'' and all revisions submitted by Minnesota
that were federally approved prior to December 1, 2004.
(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
[[Page 248]]
amendment to the revision was submitted by the State of Minnesota on
June 2, 1980.
(17) The sulfur dioxide control plan and revised operating permits
for the Rochester and Twin Cities nonattainment areas were submitted by
the State of Minnesota on July 17, 1980, and August 4, 1980. Amendments
to the control plans were submitted on September 4, 1980. EPA's approval
of the control plan includes approval of the emission limitations
contained in the revised operating permits.
(18) Stipulation Agreement between the State Pollution Control
Agency and Erie Mining Company submitted by the State on February 20,
1981.
(19) On July 29, 1981, the Minnesota Pollution Control Agency
submitted an amendment to the transportation control plan for the
Minneapolis-St. Paul Metropolitan Area.
(20) On August 4, 1980, and October 17, 1980, the State submitted
its total suspended particulate Part D control plans for the Twin Cities
Seven County Metropolitan Area and the City of Duluth. As part of the
control strategies the State on January 5, 1981 submitted rule APC-33
and on January 23, 1981 further submitted amended and new rules. The
amended and new rules that control total suspended particulate (TSP)
emissions are: Amended APC-2, APC-4, APC-5, APC-7, APC-11; and new APC-
18, APC-21, APC-22, APC-23, APC-24, APC-25, APC-26, APC-28, APC-29, and
APC-32. Regulations APC-4, APC-24, and APC-32 are only approved as they
apply to TSP emissions.
(21) On January 23, 1981, the State submitted new rules and
amendments to some of their previously approved rules. On November 17,
1981, the State submitted amendments to APC-33. On May 6, 1982 (47 FR
19520), EPA approved some of the rules insofar as they applied to the
total suspended particulate strategy for the Twin Cities Seven County
Metropolitan Area and the City of Duluth. The remainder of the rules
are:
(i) Those portions of APC-4, APC-24, and APC-32 which control
emissions of sulfur dioxide, nitrogen dioxide, and carbon monoxide; (ii)
the amendments to APC-33; and (iii) APC-8, APC-12, APC-13, APC-15, APC-
16, APC-19 and APC-39.
(22) On April 28, 1983, Minnesota submitted its Lead SIP. Additional
information was submitted on February 15, 1984, and February 21, 1984.
(23) On May 20, 1985, and on April 17, 1986, the State submitted a
carbon monoxide plan for the intersection of Snelling and University
Avenues in the City of St. Paul. The plan committed to improved signal
progression through the intersection by December 31, 1987, and a parking
ban on University Avenue within 1 block in either direction of the
intersection with Snelling Avenue by December 31, 1989.
(i) Incorporation by reference.
(A) Amendment to Air Quality Control Plan for Transportation for the
Metropolitan Council of the Twin Cities Area dated January 28, 1985.
(B) Letter from Minnesota Pollution Control Agency, dated April 17,
1986, and letter from the City of St. Paul, dated April 1, 1986,
committing to implementing of transportation control measures.
(24) On January 7, 1985, the State of Minnesota submitted a
consolidated permit rule (CPR) to satisfy the requirements of 40 CFR
51.160 through 51.164 for a general new source review (NSR) program,
including lead. On October 25, 1985, the State submitted a Memorandum of
Agreement (MOA) which remedied certain deficiencies (40 CFR 52.1225(d)).
On October 1, 1986, and January 14, 1987, the State committed to
implement its NSR program using USEPA's July 8, 1985 (50 FR 27892),
regulations for implementing the stack height requirements of Section
123 of the Clean Air Act (40 CFR 52.1225(e)). USEPA is approving the
above for general NSR purposes for all sources, except it is
disapproving them for those few sources subject to an NSPS requirement
(40 CFR Part 60) and exempted from review under 6 MCAR section 4.4303
B.3. For these sources, NSR Rule APC 3 (40 CFR 52.1220(c)(5)), will
continue to apply. Additionally, USEPA is taking no action on the CPR in
relationship to the requirements of Section 111, Part C, and Part D of
the Clean Air Act.
(i) Incorporation by reference.
[[Page 249]]
(A) Within Title 6 Environment, Minnesota Code of Administrative
Rules, Part 4 Pollution Control Agency (6 MCAR 4), Rule 6 MCAR 4 section
4.0002, Parts A, B, C, and E--Definitions, Abbreviations, Applicability
of Standards, and Circumvention (formerly APC 2) Proposed and Published
in Volume 8 of the State of Minnesota STATE REGISTER (8 S.R.) on October
17, 1983, at 8 S.R. 682 and adopted as modified on April 16, 1984, at 8
S.R. 2275.
(B) Rules 6 MCAR section 4.4001 through section 4.4021--Permits
(formerly APC 3)--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1420) and adopted as modified on
April 16, 1984, at 8 S.R. 2278.
(C) Rules 6 MCAR section 4.4301 through section 4.4305--Air Emission
Facility Permits--Proposed and Published on December 19, 1983, at 8 S.R.
1419 (text of rule starting at 8 S.R. 1470) and adopted as proposed on
April 16, 1984, at 8 S.R. 2276.
(D) Rules 6 MCAR section 4.4311 through section 4.4321--Indirect
Source Permits (formerly APC 19)--Proposed and Published on December 19,
1983, at 8 S.R. 1419 (text of rule starting at 8 S.R. 1472) and adopted
as modified on April 16, 1984, at 8 S.R. 2277.
(25) On July 9, 1986, the State of Minnesota submitted Rules
7005.2520 through 7005.2523, submitted to replace the rule APC-29 in the
existing SIP (see paragraph (20)). This submittal also included State
permits for three sources, but these permits were withdrawn from USEPA
consideration on February 24, 1992. This submittal provides for
regulation of particulate matter from grain handling facilities, and was
submitted to satisfy a condition on the approval of Minnesota's Part D
plan for particulate matter.
(i) Incorporation by reference.
(A) Minnesota Rule 7005.2520, Definitions; Rule 7005.2521, Standards
of Performance for Dry Bulk Agricultural Commodity Facilities; Rule
7005.2522, Nuisance; and Rule 7005.2523, Control Requirements Schedule,
promulgated by Minnesota on January 16, 1984, and effective at the State
level on January 23, 1984.
(ii) Additional Material.
(A) Appendix E to Minnesota's July 9, 1986, submittal, which is a
statement signed on April 18, 1986, by Thomas J. Kalitowski, Executive
Director, Minnesota Pollution Control Agency, interpreting Rules
7005.2520 through 7005.2523 in the context of actual barge loading
practices in Minnesota.
(26) On March 13, 1989, the State of Minnesota requested that EPA
revise the referencing of regulations in the SIP to conform to the
State's recodification of its regulations. On November 26, 1991, and
September 18, 1992, the State submitted an official version of the
recodified regulations to be incorporated into the SIP. The recodified
regulations are in Chapter 7001 and Chapter 7005 of Minnesota's
regulations. Not approved as part of the SIP are recodified versions of
regulations which EPA previously did not approve. Therefore, the SIP
does not include Rules 7005.1550 through 7005.1610 (National Emission
Standards for Hazardous Air Pollutants (NESHAP) for asbestos), Rules
7005.2300 through 7005.2330 (limits for iron and steel plants), Rules
7005.2550 through 7005.2590 (NESHAP for beryllium), Rules 7005.2650
through 7005.2690 (NESHAP for mercury), Rule 7005.0116 (Opacity Standard
Adjustment) and Rule 7005.2910 (Performance Test Methods for coal
handling facilities). Similarly, the SIP continues to exclude the
exemption now in Rule 7001.1210 as applied to small sources subject to
new source performance standards, and the SIP is approved only for
``existing sources'' in the case of Rules 7005.1250 through 7005.1280
(Standards of Performance for Liquid Petroleum Storage Vessels), Rules
7005.1350 through 7005.1410 (Standards of Performance for Sulfuric Acid
Plants), Rules 7005.1450 through 7005.1500 (Standards of Performance for
Nitric Acid Plants), and Rules 7005.2100 through 7005.2160 (Standards of
Performance for Petroleum Refineries). The SIP also does not include
changes in the State's Rule 7005.0100 (relating to offsets) that were
withdrawn by the State on February 24, 1992, and does not include the
new rules 7005.0030 and 7005.0040.
(i) Incorporation by reference.
(A) Minnesota regulations in Chapter 7005 as submitted November 26,
1991,
[[Page 250]]
and in Chapter 7001 as submitted September 18, 1992, except for those
regulations that EPA has not approved as identified above.
(27) On August 16, 1982, the MPCA submitted an amendment to the St.
Cloud Area Air Quality Control Plan for Transportation as a State
Implementation Plan revision. This revision to the SIP was adopted by
the Board of the Minnesota Pollution Control Agency on July 27, 1982. On
August 31, 1989, the Minnesota Pollution Control Agency submitted a
revision to the Minnesota State Implementation Plan (SIP) for carbon
monoxide deleting the Lake George Interchange roadway improvement
project (10th Avenue at First Street South) from its St. Cloud
transportation control measures. This revision to the SIP was approved
by the Board on June 27, 1989.
(i) Incorporation by reference.
(A) Letter dated August 16, 1982, from Louis J. Breimburst,
Executive Director, Minnesota Pollution Control Agency to Valdas V.
Adamkus, Regional Administrator, United States Environmental Protection
Agency--Region 5 and its enclosed amendment to the Air Quality Plan for
Transportation for the St. Cloud Metropolitan Area entitled, ``Staff
Resolution,'' measures 1, 4 and 5 adopted by the Minnesota Pollution
Control Agency on July 27, 1982.
(B) Letter dated August 31, 1989, from Gerald L. Willet,
Commissioner, Minnesota Pollution Control Agency to Valdas V. Adamkus,
Regional Administrator, United States Environmental Protection Agency--
Region 5.
(28) On November 9, 1992, the State of Minnesota submitted the Small
Business Stationary Source Technical and Environmental Compliance
Assistance plan. This submittal satisfies the requirements of section
507 of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the
Legislature, and signed into Law on April 29, 1992.
(29) On November 26, 1991, August 31, 1992, November 13, 1992,
February 3, 1993, April 30, 1993, and October 15, 1993, the State of
Minnesota submitted revisions to its State Implementation Plans (SIPs)
for particulate matter for the Saint Paul and Rochester areas.
(i) Incorporation by reference.
(A) An administrative order for Ashbach Construction Company, dated
August 25, 1992, submitted August 31, 1992, for the facility at
University Avenue and Omstead Street.
(B) An administrative order for Commercial Asphalt, Inc., dated
August 25, 1992, submitted August 31, 1992, for the facility at Red Rock
Road.
(C) An administrative order for Great Lakes Coal & Dock Company
dated August 25, 1992, submitted August 31, 1992, for the facility at
1031 Childs Road.
(D) An administrative order for Harvest States Cooperatives dated
January 26, 1993, submitted February 3, 1993, for the facility at 935
Childs Road.
(E) An administrative order for LaFarge Corporation dated November
30, 1992, submitted in a letter dated November 13, 1992, for the
facility at 2145 Childs Road.
(F) An administrative order for the Metropolitan Waste Control
Commission and the Metropolitan Council dated November 30, 1992,
submitted in a letter dated November 13, 1992, for the facility at 2400
Childs Road.
(G) An administrative order for North Star Steel Company dated April
22, 1993, submitted April 30, 1993, for the facility at 1678 Red Rock
Road.
(H) An administrative order for PM Ag Products, Inc., dated August
25, 1992, submitted August 31, 1992, for the facility at 2225 Childs
Road.
(I) An administrative order for Rochester Public Utilities dated
November 30, 1992, submitted in a letter dated November 13, 1992, for
the facility at 425 Silver Lake Drive.
(J) An amendment to the administrative order for Rochester Public
Utilities, dated October 14, 1993, submitted October 15, 1993, for the
facility at 425 Silver Lake Drive.
(K) An administrative order for J.L. Shiely Company dated August 25,
1992, submitted August 31, 1992, for the facility at 1177 Childs Road.
(ii) Additional materials.
(A) A letter from Charles Williams to Valdas Adamkus dated November
26, 1991, with attachments.
[[Page 251]]
(B) A letter from Charles Williams to Valdas Adamkus dated August
31, 1992, with attachments.
(C) A letter from Charles Williams to Valdas Adamkus dated November
13, 1992, with attachments.
(D) A letter from Charles Williams to Valdas Adamkus dated February
3, 1993, with attachments.
(E) A letter from Charles Williams to Valdas Adamkus dated April 30,
1993, with attachments.
(F) A letter from Charles Williams to Valdas Adamkus dated October
15, 1993, with attachments.
(30) On June 4, 1992, March 30, 1993, and July 15, 1993, the State
of Minnesota submitted revisions to its State Implementation Plans
(SIPs) for sulfur dioxide for Air Quality Control Region (AQCR) 131
(excluding the Dakota County Pine Bend area and an area around Ashland
Refinery in St. Paul Park).
(i) Incorporation by reference.
(A) An administrative order, received on June 4, 1992, for FMC
Corporation and U.S. Navy, located in Fridley, Anoka County, Minnesota.
The administrative order became effective on May 27, 1992. Amendment
One, which was received on March 30, 1993, became effective on March 5,
1993. Amendment Two, which was received on July 15, 1993, became
effective on June 30, 1993.
(B) An administrative order, received on June 4, 1992, for Federal
Hoffman, Incorporated, located in Anoka, Anoka County, Minnesota. The
administrative order became effective on May 27, 1992. Amendment one,
received on July 15, 1993, became effective on June 30, 1993.
(C) An administrative order, received on June 4, 1992, for GAF
Building Materials Corporation (Asphalt Roofing Products Manufacturing
Facility) located at 50 Lowry Avenue, Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on May 27, 1992.
Amendment One, received on July 15, 1993, became effective on June 30,
1993.
(D) An administrative order, received on June 4, 1992, for Northern
States Power Company-Riverside Generating Plant, located in Minneapolis,
Hennepin County, Minnesota. The administrative order became effective on
May 27, 1992. Amendment One, received on July 15, 1993, became effective
on June 30, 1993.
(E) An administrative order for Minneapolis Energy Center, received
on July 15, 1993, Inc.'s Main Plant, Baker Boiler Plant, and the Soo
Line Boiler Plant all located in Minneapolis, Hennepin County,
Minnesota. The administrative order became effective on June 30, 1993.
(ii) Additional material.
(A) A letter from Charles Williams to Valdas Adamkus dated May 29,
1992, with enclosures providing technical support (e.g., computer
modeling) for the revisions to the administrative orders for five
facilities.
(B) A letter from Charles Williams to Valdas Adamkus dated March 26,
1993, with enclosures providing technical support for an amendment to
the administrative order for FMC Corporation and U.S. Navy.
(C) A letter from Charles Williams to Valdas Adamkus dated July 12,
1993, with enclosures providing technical support for amendments to
administrative orders for four facilities and a reissuance of the
administrative order to Minneapolis Energy Center, Inc.
(31) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision contains a maintenance plan that the area will
use to maintain the CO NAAQS. The maintenance plan contains park and
ride lots and an oxygenated fuels program as the contingency measure.
(i) Incorporation by reference.
(A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosures entitled Appendix E.
(ii) Additional information.
(A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(B) Letter dated December 22, 1993, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to
[[Page 252]]
Valdas Adamkus, Regional Administrator, U.S. Environmental Protection
Agency, Region 5.
(32) In a letter dated October 30, 1992, the MPCA submitted a
revision to the Carbon Monoxide State Implementation Plan for Duluth,
Minnesota. This revision removes a transportation control measure (TCM)
from the State Implementation Plan. The TCM is an increased turning
radius at 14th Avenue and 3rd Street East.
(i) Incorporation by reference.
(A) Letter dated October 30, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5
and its enclosure entitled Appendix D.
(ii) Additional information.
(A) Letter dated November 10, 1992, from Charles Williams,
Commissioner, Minnesota Pollution Control Agency to Valdas Adamkus,
Regional Administrator, U.S. Environmental Protection Agency, Region 5.
(33) On August 5, 1992, and August 26, 1993, the State of Minnesota
submitted its ``Offset Rules'' as revisions to its State Implementation
Plan (SIP) for new source review in nonattainment areas.
(i) Incorporation by reference.
(A) Rules 7005.3020, 7005.3030, and 7005.3040, with amendments
effective August 24, 1992.
(B) Amendments to Rule 7005.3040, effective June 28, 1993.
(ii) Additional materials.
(A) A letter from Charles Williams to Valdas Adamkus dated August 5,
1992, with attachments.
(B) A letter from Charles Williams to Valdas Adamkus dated August
26, 1993, with attachments.
(34) On November 9, 1992, the State of Minnesota submitted the
Oxygenated Gasoline Program. This submittal satisfies the requirements
of section 211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 2509, sections 1 through 31, except for
sections 29 (b) and (c), enacted by the Legislature and signed into Law
on April 29, 1992.
(ii) Additional material.
(A) Letter dated August 12, 1994, from the Minnesota Pollution
Control Agency (MPCA), to the United States Environmental Protection
Agency that withdraws the MPCA Board resolution dated October 27, 1992,
and any reference to it, from the oxygenated gasoline State
Implementation Plan revision request of 1992.
(35) On July 29, 1992, February 11, 1993, and February 25, 1994, the
State of Minnesota submitted revisions to its State Implementation Plans
(SIPs) for sulfur dioxide for Dakota County Pine Bend area of Air
Quality Control Region (AQCR) 131.
(i) Incorporation by reference.
(A) For Continental Nitrogen and Resources Corporation, located in
Rosemount, Dakota County, Minnesota:
(1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
(2) Amendment One to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(B) For Northern States Power Company, Inver Hills Generating
Facility, located in Dakota County, Minnesota:
(1) An administrative order, dated and effective July 28, 1992,
submitted July 29, 1992.
(2) Amendment one to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(C) For Koch Refining Company and Koch Sulfuric Acid Unit, located
in the Pine Bend area of Rosemount, Dakota County, Minnesota:
(1) An administrative order, identified as Amendment One to Findings
and Order by Stipulation, dated and effective March 24, 1992, submitted
July 29, 1992.
(2) Amendment two to the administrative order, dated and effective
January 22, 1993, submitted February 11, 1993.
(3) Amendment three to the administrative order, dated and effective
February 25, 1994, submitted February 25, 1994.
(ii) Additional material.
(A) A letter from Charles Williams to Valdas Adamkus dated July 29,
1992, with enclosures providing technical
[[Page 253]]
support (e.g., computer modeling) for the revisions to the
administrative orders for three facilities.
(B) A letter from Charles Williams to Valdas Adamkus dated February
11, 1993, submitting Amendment Two to the administrative order for Koch
Refining Company.
(C) A letter from Charles Williams to Valdas Adamkus dated February
25, 1994, with enclosures providing technical support for amendments to
administrative orders for three facilities.
(36) On June 22, 1993, and September 13, 1994, the State of
Minnesota submitted revisions to its State Implementation Plan for lead
for a portion of Dakota County.
(i) Incorporation by reference.
(A) For Gopher Smelting and Refining Company, located in the city of
Eagan, Dakota County, Minnesota:
(1) An administrative order, dated, submitted, and effective June
22, 1993.
(2) Amendment One to the administrative order, dated, submitted, and
effective, September 13, 1994.
(ii) Additional material.
(A) A letter from Charles W. Williams to Valdas V. Adamkus, dated
June 22, 1993, with enclosures providing technical support (e.g.,
computer modeling) for the revisions to the State Implementation Plan
for lead.
(B) A letter from Charles W. Williams to Valdas V. Adamkus, dated
September 13, 1994, with enclosures providing technical support for the
revised administrative order for Gopher Smelting and Refining Company.
(37) On March 9, 1994, the State of Minnesota submitted a revision
to its particulate matter plan for the Saint Paul area, providing
substitute limits for an aggregate heater at the J.L. Shiely facility.
(i) Incorporation by reference.
(A) An amendment dated January 12, 1994, amending the administrative
order of August 25, 1992, for the J.L. Shiely facility at 1177 Childs
Road, Saint Paul.
Editorial Note: At 60 FR 21451, May 2, 1995 the following paragraph
(c)(37) was added to Sec. 52.1220.
(37) On November 23, 1993, the State of Minnesota submitted updated
air permitting rules.
(i) Incorporation by reference.
(A) Rules 7007.0050 through 7007.1850, effective August 10, 1993.
(B) Rules 7001.0020, 7001.0050, 7001.0140, 7001.0180, 7001.0550,
7001.3050, 7002.0005, 7002.0015, and 7005.0100, effective August 10,
1993.
(38)-(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.
[[Page 254]]
(A) Amendment Two to the administrative order for the Silver Lake
Plant of Rochester Public Utilities, located in Rochester, Minnesota,
dated and effective August 31, 1994, submitted September 7, 1994.
(43) On November 12, 1993, the State of Minnesota submitted a
contingency plan to control the emissions of carbon monoxide from mobile
sources by use of oxygenated gasoline on a year-round basis. The
submittal of this program satisfies the provisions under section
172(c)(9) and 172(b) of the Clean Air Act as amended.
(i) Incorporation by reference.
(A) Laws of Minnesota for 1992, Chapter 575, section 29(b), enacted
by the legislature and signed into law on April 29, 1992.
(44) This revision provides for data which have been collected under
the enhanced monitoring and operating permit programs to be used for
compliance certifications and enforcement actions.
(i) Incorporation by reference.
(A) Minnesota Rules, sections 7007.0800 Subpart 6.C(5), 7017.0100
Subparts 1 and 2, both effective February 28, 1995.
(45) On December 15, 1995, the Minnesota Pollution Control Agency
submitted a revision to the State Implementation Plan for the general
conformity rules. The general conformity SIP revisions enable the State
of Minnesota to implement and enforce the Federal general conformity
requirements in the nonattainment or maintenance areas at the State or
local level in accordance with 40 CFR part 93, subpart B--Determining
Conformity of General Federal Actions to State or Federal Implementation
Plans.
(i) Incorporation by reference.
(A) Minnesota rules Part 7009.9000, as created and published in the
(Minnesota) Register, November 13, 1995, number 477, effective November
20, 1995.
(46) On April 24, 1997, the State of Minnesota submitted
Administrative Order amendments for sulfur dioxide for two Northern
States Power facilities: Inver Hills and Riverside.
(i) Incorporation by reference.
(A) Amendment Two, dated and effective November 26, 1996, to
administrative order approved in paragraph (c)(30) of this section for
Northern States Power-Riverside Station.
(B) Amendment Three, dated and effective November 26, 1996, to
administrative order and amendments approved in paragraphs (c)(35) and
(c)(41), respectively, of this section for Northern States Power-Inver
Hills Station.
(47) On October 17, 1997, the State of Minnesota submitted
amendments to three previously approved Administrative Orders for North
Star Steel Company, LaFarge Corporation, and GAF Building Materials, all
located in the Minneapolis-St. Paul area.
(i) Incorporation by reference.
(A) Amendments, both dated and effective September 23, 1997, to
administrative orders and amendments approved in paragraphs (c)(29) and
(c)(41) of this section, respectively, of this section for: LaFarge
Corporation (Childs Road facility) and North Star Steel Company.
(B) Amendment Two, dated and effective September 18, 1997, to
administrative order and amendment approved in paragraph (c)(30) of this
section for GAF Building Materials.
(48) On January 12, 1995, Minnesota submitted revisions to its air
permitting rules. The submitted revisions provide generally applicable
limitations on potential to emit for certain categories of sources.
(i) Incorporation by reference. Submitted portions of Minnesota
regulations in Chapter 7007, and 7011.0060 through 7011.0080 effective
December 27, 1994.
(49) [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
[[Page 255]]
Corporation--Red Rock Terminal on April 14, 1998, Title I conditions
only.
(B) Revocation of Findings and Order, dated and effective July 21,
1998, to Findings and Order issued to Lafarge Corporation on February 2,
1996.
(ii) Additional material.
(A) Letter submitting vendor certifications of performance for the
pollution control equipment at Lafarge Corporation's facility on Red
Rock Road in St. Paul, Minnesota, dated May 4, 1998, from Arthur C.
Granfield, Regional Environmental Manager for Lafarge Corporation, to
Michael J. Sandusky, MPCA Air Quality Division Manager.
(B) Letter submitting operating ranges for the pollution control
equipment at Lafarge Corporation's facility on Red Rock Road in St.
Paul, Minnesota, dated July 13, 1998, from Arthur C. Granfield, Regional
Environmental Manager for Lafarge Corporation, to Michael J. Sandusky,
MPCA Air Quality Division Manager.
(51) On November 14, 1995, July 8, 1996, September 24, 1996, June
30, 1999, and September 1, 1999, the State of Minnesota submitted
revisions to its State Implementation Plan for carbon monoxide regarding
the implementation of the motor vehicle inspection and maintenance
program in the Minneapolis/St. Paul carbon monoxide nonattainment area.
This plan approves Minnesota Statutes Sections 116.60 to 116.65 and
Minnesota Rules 7023.1010-7023.1105. This plan also removes Minnesota
Rules Part 7023.1010, Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and
Part 7023.1055, Subp. 1 (E)(2) from the SIP.
(i) Incorporation by reference.
(A) Minnesota Statutes Sections 116.60 to 116.65;
(B) Minnesota Rules 7023.1010-7023.1105 (except Part 7023.1010,
Subp. 35(B), Part 7023.1030, Subp. 11(B,C), and Part 7023.1055, Subp. 1
(E)(2)).
(52) [Reserved]
(53) On September 29, 1998, the State of Minnesota submitted a site-
specific revision to the particulate matter (PM) SIP for LTV Steel
Mining Company (LTV), formerly known as Erie Mining Company, located in
St. Louis County, Minnesota. This SIP revision was submitted in response
to a request from LTV that EPA remove the Stipulation Agreement for Erie
Mining Company from the State SIP, as was approved by EPA in paragraph
(c)(18) of this section. Accordingly the Stipulation Agreement for Erie
Mining Company referenced in paragraph (c)(18) of this section is
removed from the SIP without replacement.
(54) On December 7, 1999, the State of Minnesota submitted to remove
an Administrative Order and replace it with a federally enforceable
State operating permit for Commercial Asphalt's facility located on Red
Rock Road in the city of St. Paul. EPA approved a federally enforceable
State operating permit (FESOP)(60 FR 21447) for the State of Minnesota
on May 2, 1995.
(i) Incorporation by reference
(A) Air Emission Permit No. 12300347-002, issued by the MPCA to
Commercial Asphalt CO-Plant 905, on September 10, 1999. Title I
conditions only.
(55) 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
[[Page 256]]
plan is complete and the submittals meet the SO2
nonattainment area SIP and redesignation requirements of the Clean Air
Act.
(i) Incorporation by reference
(A) Air Emission Permit No. 10900011-001, issued by the Minnesota
Pollution Control Agency (MPCA) to City of Rochester--Rochester Public
Utilities--Silver Lake Plant on July 22, 1997, Title I conditions only.
(B) Air Emission Permit No. 00000610-001, issued by the MPCA to City
of Rochester--Rochester Public Utilities--Cascade Creek Combustion on
January 10, 1997, Title I conditions only.
(C) Air Emission Permit No. 10900010-001, issued by the MPCA to
Associated Milk Producers, Inc. on May 5, 1997, Title I conditions only.
(D) Air Emission Permit No. 10900008-007 (989-91-OT-2, AMENDMENT No.
4), issued by the MPCA to St. Mary's Hospital on February 28, 1997,
Title I conditions only.
(E) Air Emission Permit No. 10900005-001, issued by the MPCA to
Olmsted County--Olmsted Waste-to-Energy Facility on June 5, 1997, Title
I conditions only.
(F) Amendment No. 2 to Air Emission Permit No. 1148-83-OT-1
[10900019], issued by the MPCA to Franklin Heating Station on June 19,
1998, Title I conditions only.
(G) Air Emission Permit No. 10900006-001, issued by the MPCA to
International Business Machine Corporation--IBM--Rochester on June 3,
1998, Title I conditions only.
(57) [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
[[Page 257]]
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 March 11, 2003, submitted March 13, 2003.
(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.
(64) On July 18, 2002, the State of Minnesota submitted a site-
specific revision to the Minnesota particulate matter (PM) SIP for the
Lafarge Corporation (Lafarge) Red Rock Road facility, located in Saint
Paul, Ramsey County, Minnesota. Specifically, EPA is approving into the
PM SIP only those portions of the Lafarge Red Rock Road facility state
operating permit cited as ``Title I condition: SIP for PM10 NAAQS.''
(i) Incorporation by reference. AIR EMISSION PERMIT NO. 12300353-
002, issued by the Minnesota Pollution Control Agency (MPCA) to Lafarge
Corporation--Red Rock Terminal on May 7, 2002, Title I conditions only.
(65) The Minnesota Pollution Control Agency submitted a revision to
Minnesota's State Implementation Plan for sulfur dioxide on December 19,
2002. This revision consists of a Title V permit for the United Defense,
LP facility located in Anoka County at 4800 East River Road, Fridley,
Minnesota. The Permit contains non-expiring Title I SIP conditions.
(i) Incorporation by reference.
(A) Title I conditions contained in the November 25, 2002, Title V
permit (permit number 00300020-001) issued to the United Defense, LP
facility located in Anoka County at 4800 East River Road, Fridley,
Minnesota.
[37 FR 10874, May 31, 1972. Redesignated at 70 FR 8932, Feb. 24, 2005]
Editorial Note: For Federal Register citations affecting Sec.
52.1222, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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
[[Page 258]]
specified in the applicable plan, concerning emissions from any source
subject to emission limitations which are part of the approved plan may
request that the appropriate Regional Administrator obtain and make
public such data. Within 30 days after receipt of any such written
request, the Regional Administrator shall require the owner or operator
of any such source to submit information within 30 days on the nature
and amounts of emissions from such source and any other information as
may be deemed necessary by the Regional Administrator to determine
whether such source is in compliance with applicable emission
limitations or other control measures that are part of the applicable
plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to July 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
(5) Authority of the Regional Administrator to make available
information and data was delegated to the Minnesota Pollution Control
Agency effective October 6, 1977.
[37 FR 10874, May 31, 1972, as amended at 40 FR 55330, Nov. 28, 1975; 43
FR 10, Jan. 3, 1978; 51 FR 40676, Nov. 7, 1986]
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
[[Page 259]]
Minnesota's Group II areas. The Group II areas of concern are in
Minneapolis, Hennepin County; Duluth and Iron Range, St. Louis County;
Iron Range, Itasca County; Two Harbors, Lake County; and St. Cloud,
Stearns County. The committal SIP contains all the requirements
identified in the July 1, 1987, promulgation of the SIP requirements for
PM10 at 52 FR 24681.
(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.
(a) 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.
(b) For any permitting program located in the State, insofar as the
permitting threshold provisions in Chapter 7007 rules concern the
treatment of sources of greenhouse gas emissions as major sources for
purposes of title V operating permits, EPA approves such provisions only
to the extent they require permits for such sources where the source
emits or has the potential to emit at least 100,000 tpy CO2
equivalent emissions, as well as 100 tpy on a mass basis, as of July 1,
2011.
[60 FR 21451, May 2, 1995, as amended at 75 FR 82266, Dec. 30, 2010]
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 of this part from sources located in the State of Minnesota
shall be submitted to the state agency, Minnesota Pollution Control
Agency, Division of Air Quality, 520 Lafayette Road North, St. Paul,
Minnesota 55155, rather than to EPA's Region 5 office.
[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; 75 FR 55276, Sept.
10, 2010]
Sec. 52.1235 Regional haze.
(a) [Reserved]
(b)(1) NOX emission limits. (i) United States Steel Corporation,
Keetac: An emission limit of 1.5 lbs NOX/MMBtu, based on a
30-day rolling average, shall apply to the Grate Kiln pelletizing
furnace (EU030), beginning 3 years from March 8, 2013. However, for any
30, or more, consecutive days when only natural gas is used a limit of
1.2 lbs NOX/MMBtu, based on a 30-day rolling average, shall
apply.
(ii) Hibbing Taconite Company: An emission limit of 1.5 lbs
NOX/MMBtu, based on a 30-day rolling average, shall apply to
the Line 1 pelletizing furnace (EU020) beginning 26 months from March 8,
2013. An emission limit of 1.5 lbs NOX/MMBtu, based on a 30-
day rolling average, shall apply to the Line 2 pelletizing furnace
(EU021) beginning 38 months from March 8, 2013. An emission limit of 1.5
lbs NOX/MMBtu, based on a 30-day rolling average, shall apply
to the Line 3 pelletizing furnace
[[Page 260]]
(EU022) beginning 50 months from March 8, 2013. However, for any 30, or
more, consecutive days when only natural gas is used at any Hibbing
Taconite pelletizing furnace, a limit of 1.2 lbs NOX/MMBtu,
based on a 30-day rolling average, shall apply to that furnace.
(iii) United States Steel Corporation, Minntac: An emission limit of
1.5 lbs NOX/MMBtu, based on a 30-day rolling average, shall
apply to each of the five indurating furnaces (EU225, EU261, EU282,
EU315, and EU334). The owner or operator shall comply with this
NOX emission limit beginning 12 months from March 8, 2013 for
the Line 6 indurating furnace (EU315); 24 months from March 8, 2013 for
the Line 7 indurating furnace (EU334); 36 months from March 8, 2013 for
the Line 4 or Line 5 indurating furnace (EU261) or (EU282); 48 months
from March 8, 2013 for the Line 5 or Line 4 indurating furnace (EU282)
or (EU261); and 59 months from March 8, 2013 for the Line 3 indurating
furnace (EU225). However, for any 30 or more consecutive days when only
natural gas is used at any of Minntac's indurating furnaces, a limit of
1.2 lbs NOX/MMBtu, based on a 30-day rolling average, shall
apply to that furnace.
(iv) United Taconite: An emission limit of 1.5 lbs NOX/
MMBtu, based on a 30-day rolling average, shall apply to the Line 1
pellet furnace (EU040) beginning 38 months from March 8, 2013. An
emission limit of 1.5 lbs NOX/MMBtu, based on a 30-day
rolling average, shall apply to the Line 2 pellet furnace (EU042)
beginning 26 months from March 8, 2013. However, for any 30, or more,
consecutive days when only natural gas is used at either of United
Taconites' Line 1 or Line 2 pellet furnaces, a limit of 1.2 lbs
NOX/MMBtu, based on a 30-day rolling average, shall apply to
that furnace.
(v) ArcelorMittal Minorca Mine: An emission limit of 1.5 lbs
NOX/MMBtu, based on a 30-day rolling average, shall apply to
the indurating furnace (EU026) beginning 26 months from March 8, 2013.
However, for any 30, or more, consecutive days when only natural gas is
used, a limit of 1.2 lbs NOX/MMBtu, based on a 30-day rolling
average, shall apply.
(vi) Northshore Mining Company- Silver Bay: An emission limit of 1.5
lbs NOX/MMBtu, based on a 30-day rolling average, shall apply
to Furnace 11 (EU100/EU104) beginning 26 months from March 8, 2013. An
emission limit of 1.5 lbs NOX/MMBtu, based on a 30-day
rolling average, shall apply to Furnace 12 (EU110/114) beginning 38
months from March 8, 2013. However, for any 30, or more, consecutive
days when only natural gas is used at either Northshore Mining Furnace
11 or Furnace 12, a limit of 1.2 lbs NOX/MMBtu, based on a
30-day rolling average, shall apply. An emission limit of 0.085 lbs/
MMBtu, based on a 30-day rolling average, shall apply to Process Boiler
1 (EU003) and Process Boiler 2 (EU004) beginning 5
years from March 8, 2013. The 0.085 lbs/MMBtu emission limit for each
process boiler applies at all times a unit is operating, including
periods of start-up, shut-down and malfunction.
(2) SO2 emission limits. (i) United States Steel
Corporation, Keetac: An emission limit of 225 lbs SO2/hr,
based on a 30-day rolling average, shall apply to the Grate Kiln
pelletizing furnace (EU030). Any coal burned at Keetac shall have a
sulfur content of 0.60 percent sulfur by weight or less based on a
monthly block average. The sampling and calculation methodology for
determining the sulfur content of fuel must be described in the
monitoring plan required at paragraph (e)(8)(x) of this section.
Compliance with these requirements for EU030 is required beginning 3
months from March 8, 2013.
(ii) Hibbing Taconite Company: An aggregate emission limit of 247.8
lbs SO2/hr shall apply to the three affected lines, EU020,
EU021, and EU022. The SO2 emission limits for these three
pelletizing furnaces are based on a 30-day rolling average. Emissions
resulting from the combustion of fuel oil are not included in the
calculation of the 30-day rolling average. However, if any fuel oil is
burned after the first day that SO2 CEMS are required to be
operational, then the information specified in (b)(2)(vii) must be
submitted, for each calendar year, to the Regional Administrator no
later than 30 days after the end of each calendar year so that a limit
can be set. Compliance with the emission limits is required beginning 6
[[Page 261]]
months from March 8, 2013. Within 20 months of March 8, 2013, the owner
or operator may calculate a revised SO2 limit based on one
year of hourly CEMS emissions data reported in lbs SO2/hr and
submit such limit, calculations and CEMS data to EPA. This limit shall
be set in terms of lbs SO2/hr, based on the following
equations, with compliance to be determined on a 30-day rolling average.
m=(n+1)*[alpha]
m = the rank of the ordered data point, when data is sorted smallest to
largest
n=[alpha] number of data points
[alpha] = 0.95, to reflect the 95\th\ percentile
If m is a whole number, then the limit, UPL, shall be computed as:
UPL = Xm,
Where:
X=m value of the m\th\ data point in terms of lbs
SO2/hr, when the data is sorted smallest to
largest.
If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.004
Where:
m=[Igr] the integer portion of m, i.e., m truncated at zero
decimal places, and
m=d the decimal portion of m
(iii) United States Steel Corporation, Minntac: An aggregate
emission limit for indurating furnace Lines 3-7 (EU225, EU261, EU282,
EU315, and EU334) of 498 lbs SO2/hr shall apply when all
lines are producing flux pellets. An aggregate emission limit of 630 lbs
SO2/hr shall apply to Lines 3-7 when Line 3-5 are producing
acid pellets and Lines 6 and 7 are producing flux pellets. An aggregate
emission limit of 800 lbs SO2/hr shall apply to Lines 3-7
when all lines are producing acid pellets. The SO2 emission
limits are based on a 30-day rolling average and apply beginning 3
months from March 8, 2013. The emission limit for a given 30-day rolling
average period is calculated using a weighted average as follows:
[GRAPHIC] [TIFF OMITTED] TR06FE13.005
Where:
L30 = the limit for a given 30 day averaging period
nf = the number of days in the 30 day period that the facility is
producing flux pellets on lines 3-7
naf = the number of days in the 30 day period that the facility is
producing acid pellets on lines 3-5 and flux pellets on lines 6 and 7
na = the number of days in the 30 day period that the facility is
producing acid pellets on lines 3-7
Also, beginning 3 months from March 8, 2013, any coal burned at
Minntac's Lines 3-7 shall have a sulfur content of 0.60 percent sulfur
by weight or less based on a monthly block average. The sampling and
calculation methodology for determining the sulfur content of fuel must
be described in the monitoring plan required at paragraph (e)(8)(x) of
this section.
(iv) United Taconite: An aggregate emission limit of 529.0 lbs
SO2/hr, based on a 30-day rolling average, shall apply to the
Line 1 pellet furnace (EU040) and Line 2 pellet furnace (EU042)
beginning 54 months from March 8, 2013. Also, beginning 54 months from
March 8, 2013, any coal burned in the Line 1 or Line 2 pellet furnace
shall have a sulfur content of 0.60 percent sulfur by weight or less
based on a monthly block average. The sampling and calculation
methodology for determining the sulfur content of fuel must be described
in the monitoring plan required at paragraph (e)(8)(x) of this section.
[[Page 262]]
(v) ArcelorMittal Minorca Mine: An emission limit of 38.16 lbs
SO2/hr, based on a 30-day rolling average, shall apply to the
indurating furnace (EU026) beginning 6 months from March 8, 2013. This
limit shall not apply when the unit is combusting fuel oil. However, if
any fuel oil is burned after the first day that SO2 CEMS are
required to be operational, then the information specified in paragraph
(b)(2)(vii) of this section must be submitted, for each calendar year,
to the Regional Administrator no later than 30 days after the end of
each calendar year so that a limit can be set. Within 20 months of March
8, 2013, the owner or operator may calculate a revised SO2
limit based on one year of hourly CEMS emissions data reported in lbs
SO2/hr and submit such limit, calculations, and CEMS data to
EPA. This limit shall be set in terms of lbs SO2/hr, based on
the following equations, with compliance to be determined on a 30-day
rolling average.
m = (n + 1) * [alpha]
m = the rank of the ordered data point, when data is sorted smallest to
largest
n = number of data points
[alpha] = 0.95, to reflect the 95\th\ percentile
If m is a whole number, then the limit, UPL, shall be computed as:
UPL = Xm,
Where:
xm = value of the mth data point in terms of lbs
SO2/hr, when the data is sorted smallest to largest
If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.006
Where:
mi = the integer portion of m, i.e., m truncated at zero decimal places,
and
m[alpha] = the decimal portion of m
(vi) Northshore Mining Company--Silver Bay: An aggregate emission
limit of 39.0 lbs SO2/hr, based on a 30-day rolling average,
shall apply to Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
Compliance with this limit is required within 6 months. Emissions
resulting from the combustion of fuel oil are not included in the
calculation of the 30-day rolling average. However, if any fuel oil is
burned after the first day that SO2 CEMS are required to be
operational, then the information specified in paragraph (b)(2)(vii) of
this section must be submitted, for each calendar year, to the Regional
Administrator no later than 30 days after the end of each calendar year
so that a limit can be set. Within 20 months of March 8, 2013, the owner
or operator must calculate a revised SO2 limit based on one
year of hourly CEMS emissions data reported in lbs SO2/hr and
submit such limit, calculations and CEMS data to EPA. This limit shall
be set in terms of lbs SO2/hr, based on the following
equations, with compliance to be determined on a 30-day rolling average.
m = (n + 1) * [alpha]
m = the rank of the ordered data point, when data is sorted smallest to
largest
n = number of data points
[alpha] = 0.95, to reflect the 95th percentile
If m is a whole number, then the limit, UPL, shall be computed as:
UPL = Xm,
Where:
xm = value of the mth data point in terms of lbs
SO2/hr, when the data is sorted smallest to largest
If m is not a whole number, the limit shall be computed by linear
interpolation according to the following equation.
[GRAPHIC] [TIFF OMITTED] TR06FE13.007
[[Page 263]]
Where:
mi = the integer portion of m, i.e., m truncated at zero decimal places,
and
m[alpha] = the decimal portion of m
(vii) Starting with the first day that SO2 CEMS are
required to be operational, for the facilities listed in paragraphs
(b)(2)(i)-(b)(2)(vi) of this section, records shall be kept for any day
during which fuel oil is burned (either alone or blended with other
fuels) in one or more of a facility's indurating furnaces. These records
must include, at a minimum, the gallons of fuel oil burned per hour, the
sulfur content of the fuel oil, and the SO2 emissions in
pounds per hour. If any fuel oil is burned after the first day that
SO2 CEMS are required to be operational, then the records
must be submitted, for each calendar year, to the Regional Administrator
no later than 30 days after the end of each calendar year.
(c) Testing and monitoring. (1) The owner or operator of the
respective facility shall install, certify, calibrate, maintain and
operate Continuous Emissions Monitoring Systems (CEMS) for
NOX on United States Steel Corporation, Keetac unit EU030;
Hibbing Taconite Company units EU020, EU021, and EU022; United States
Steel Corporation, Minntac units EU225, EU261, EU282, EU315, and EU334;
United Taconite units EU040 and EU042; ArcelorMittal Minorca Mine unit
EU026; and Northshore Mining Company--Silver Bay units Furnace 11
(EU100/EU104) and Furnace 12 (EU110/EU114). Compliance with the emission
limits for NOX shall be determined using data from the CEMS.
(2) The owner or operator shall install, certify, calibrate,
maintain and operate CEMS for SO2 on United States Steel
Corporation, Keetac unit EU030; Hibbing Taconite Company units EU020,
EU021, and EU022; United States Steel Corporation, Minntac units EU225,
EU261, EU282, EU315, and EU334; United Taconite units EU040 and EU042;
ArcelorMittal Minorca Mine unit EU026; and Northshore Mining Company--
Silver Bay units Furnace 11 (EU100/EU104) and Furnace 12 (EU110/EU114).
(3) The owner or operator shall install, certify, calibrate,
maintain and operate one or more continuous diluent monitor(s)
(O2 or CO2) and continuous flow rate monitor(s) on
the BART affected units to allow conversion of the NOX and
SO2 concentrations to units of the standard (lbs/MMBtu and
lbs/hr, respectively) unless a demonstration is made that a diluent
monitor and continuous flow rate monitor are not needed for the owner or
operator to demonstrate compliance with applicable emission limits in
units of the standards.
(4) For purposes of this section, all CEMS required by this section
must meet the requirements of paragraphs (c)(4)(i)-(xiv) of this
section.
(i) All CEMS must be installed, certified, calibrated, maintained,
and operated in accordance with 40 CFR Part 60, Appendix B, Performance
Specification 2 (PS-2) and Appendix F, Procedure 1.
(ii) All CEMS associated with monitoring NOX (including
the NOX monitor and necessary diluent and flow rate monitors)
must be installed and operational no later than the unit specific
compliance dates for the emission limits identified at paragraphs
(b)(1)(i)-(vi) of this section. All CEMS associated with monitoring
SO2 (except the CEMS associated with monitoring
SO2 at United Taconite Line 1 and Line 2 pellet furnaces)
must be installed and operational no later than six months after March
8, 2013. All CEMs associated with monitoring SO2 at United
Taconite Line 1 and Line 2 pellet furnaces must be installed and
operational no later than 54 months from March 8, 2013. Verification of
the CEMS operational status shall, as a minimum, include completion of
the manufacturer's written requirements or recommendations for
installation, operation, and calibration of the devices.
(iii) The owner or operator must conduct a performance evaluation of
each CEMS in accordance with 40 CFR Part 60, Appendix B, PS-2. The
performance evaluations must be completed no later than 60 days after
the respective CEMS installation.
(iv) The owner or operator of each CEMS must conduct periodic
Quality Assurance, Quality Control (QA/QC) checks of each CEMS in
accordance with 40 CFR Part 60, Appendix F, Procedure 1. The first CEMS
accuracy test
[[Page 264]]
will be a relative accuracy test audit (RATA) and must be completed no
later than 60 days after the respective CEMS installation.
(v) The owner or operator of each CEMS must furnish the Regional
Administrator two, or upon request, more copies of a written report of
the results of each performance evaluation and QA/QC check within 60
days of completion.
(vi) The owner or operator of each CEMS must check, record, and
quantify the zero and span calibration drifts at least once daily (every
24 hours) in accordance with 40 CFR Part 60, Appendix F, Procedure 1,
Section 4.
(vii) Except for CEMS breakdowns, repairs, calibration checks, and
zero and span adjustments, all CEMS required by this section shall be in
continuous operation during all periods of BART affected process unit
operation, including periods of process unit startup, shutdown, and
malfunction.
(viii) All CEMS required by this section must meet the minimum data
requirements at paragraphs (c)(4)(viii)(A)-(C) of this section.
(A) Complete a minimum of one cycle of operation (sampling,
analyzing, and data recording) for each successive 15-minute quadrant of
an hour.
(B) Sample, analyze and record emissions data for all periods of
process operation except as described in paragraph (c)(4)(viii)(C) of
this section.
(C) When emission data from CEMS are not available due to continuous
monitoring system breakdowns, repairs, calibration checks, or zero and
span adjustments, emission data must be obtained using other monitoring
systems or emission estimation methods approved by the EPA. The other
monitoring systems or emission estimation methods to be used must be
incorporated into the monitoring plan required by this section and
provide information such that emissions data are available for a minimum
of 18 hours in each 24 hour period and at least 22 out of 30 successive
unit operating days.
(ix) Owners or operators of each CEMS required by this section must
reduce all data to 1-hour averages. Hourly averages shall be computed
using all valid data obtained within the hour but no less than one data
point in each fifteen-minute quadrant of an hour. Notwithstanding this
requirement, an hourly average may be computed from at least two data
points separated by a minimum of 15 minutes (where the unit operates for
more than one quadrant in an hour) if data are unavailable as a result
of performance of calibration, quality assurance, preventive maintenance
activities, or backups of data from data acquisition and handling
systems, and recertification events.
(x) The 30-day rolling average emission rate determined from data
derived from the CEMS required by this section (in lbs/MMBtu or lbs/hr
depending on the emission standard selected) must be calculated in
accordance with paragraphs (c)(4)(x)(A)-(F) of this section.
(A) Sum the total pounds of the pollutant in question emitted from
the Unit during an operating day and the previous twenty-nine operating
days.
(B) Sum the total heat input to the unit (in MMBtu) or the total
actual hours of operation (in hours) during an operating day and the
previous twenty-nine operating days.
(C) Divide the total number of pounds of the pollutant in question
emitted during the thirty operating days by the total heat input (or
actual hours of operation depending on the emission limit selected)
during the thirty operating days.
(D) For purposes of this calculation, an operating day is any day
during which fuel is combusted in the BART affected Unit regardless of
whether pellets are produced. Actual hours of operation are the total
hours a unit is firing fuel regardless of whether a complete 24-hour
operational cycle occurs (i.e. if the furnace is firing fuel for only 5
hours during a 24-hour period, then the actual operating hours for that
day are 5. Similarly, total number of pounds of the pollutant in
question for that day is determined only from the CEMS data for the five
hours during which fuel is combusted.)
(E) If the owner or operator of the CEMS required by this section
uses an alternative method to determine 30-day rolling averages, that
method must be described in detail in the monitoring
[[Page 265]]
plan required by this section. The alternative method will only be
applicable if the final monitoring plan and the alternative method are
approved by EPA.
(F) A new 30-day rolling average emission rate must be calculated
for each new operating day.
(xi) The 30-day rolling average removal efficiency determined from
data derived from the CEMS required by this section must be calculated
in accordance with paragraphs (c)(4)(xi)(A)-(G) of this section.
(A) Calculate the 30-day rolling average emission rate described in
paragraphs (c)(4)(x)(A)-(F) of this section at the inlet of the control
device.
(B) Calculate the 30-day rolling average emission rate described in
paragraphs (c)(4)(x)(A)-(F) of this section at the outlet of the control
device.
(C) Subtract the 30-day rolling average emission rate determined at
the outlet of the control device from the 30-day rolling average
emission rate determined at the inlet of the control device.
(D) Divide the result of paragraph (c)(4)(xi)(C) of this section by
the 30-day rolling average emission rate determined at the inlet.
(E) Multiply the result of paragraph (c)(4)(xi)(D) of this section
by 100 to determine the 30-day rolling average removal efficiency.
(F) If the owner or operator of the CEMS required by this section
uses an alternative method to determine the 30-day rolling average
removal efficiency, that method must be described in detail in the
monitoring plan required by this section. The alternative method will
only be applicable if the final monitoring plan and the alternative
method are approved by EPA.
(G) A new 30-day rolling average removal efficiency must be
calculated for each new operating day.
(xii) Data substitution must not be used for purposes of determining
compliance under this section.
(xiii) All CEMS data shall be reduced and reported in units of the
applicable standard.
(xiv) A Quality Control Program must be developed and implemented
for all CEMS required by this section in accordance with 40 CFR Part 60,
Appendix F, Procedure 1, Section 3. The program will include, at a
minimum, written procedures and operations for calibration checks,
calibration drift adjustments, preventative maintenance, data
collection, recording and reporting, accuracy audits/procedures,
periodic performance evaluations, and a corrective action program for
malfunctioning CEMS.
(5) No later than the compliance date of this section, owners or
operators utilizing a wet scrubber to control SO2 shall
include in the performance testing an evaluation of compliance with the
pH limits established by this section. The pH evaluation shall be
performed in accordance with the requirements of 40 CFR 136.3 using EPA
Method 150.2.
(d) Recordkeeping requirements. (1)(i) Records required by this
section must be kept in a form suitable and readily available for
expeditious review.
(ii) Records required by this section must be kept for a minimum of
5 years following the date of creation.
(iii) Records must be kept on site for at least 2 years following
the date of creation and may be kept offsite, but readily accessible,
for the remaining 3 years.
(2) The owner or operator of the BART affected units must maintain
the records at paragraphs (d)(2)(i)-(xi) of this section.
(i) A copy of each notification and report developed for and
submitted to comply with this section including all documentation
supporting any initial notification or notification of compliance status
submitted according to the requirements of this section.
(ii) Records of the occurrence and duration of startup, shutdown,
and malfunction of the BART affected units, air pollution control
equipment, and CEMS required by this section.
(iii) Records of activities taken during each startup, shutdown, and
malfunction of the BART affected unit, air pollution control equipment,
and CEMS required by this section.
(iv) Records of the occurrence and duration of all major maintenance
conducted on the BART affected units, air pollution control equipment,
and CEMS required by this section.
[[Page 266]]
(v) Records of each excess emission report, including all
documentation supporting the reports, dates and times when excess
emissions occurred, investigations into the causes of excess emissions,
actions taken to minimize or eliminate the excess emissions, and
preventative measures to avoid the cause of excess emissions from
occurring again.
(vi) Records of all CEMS data including, as a minimum, the date,
location, and time of sampling or measurement, parameters sampled or
measured, and results.
(vii) All records associated with quality assurance and quality
control activities on each CEMS as well as other records required by 40
CFR Part 60, Appendix F, Procedure 1 including, but not limited to, the
quality control program, audit results, and reports submitted as
required by this section.
(viii) Records of the NOX emissions during all periods of
BART affected unit operation, including startup, shutdown and
malfunction in the units of the standard. The owner or operator shall
convert the monitored data into the appropriate unit of the emission
limitation using appropriate conversion factors and F-factors. F-factors
used for purposes of this section shall be documented in the monitoring
plan and developed in accordance with 40 CFR Part 60, Appendix A, Method
19. The owner or operator may use an alternate method to calculate the
NOX emissions upon written approval from EPA.
(ix) Records of the SO2 emissions or records of the
removal efficiency (based on CEMS data), depending on the emission
standard selected, during all periods of operation, including periods of
startup, shutdown and malfunction, in the units of the standard.
(x) Records associated with the CEMS unit including type of CEMS,
CEMS model number, CEMS serial number, and initial certification of each
CEMS conducted in accordance with 40 CFR Part 60, Appendix B,
Performance Specification 2 must be kept for the life of the CEMS unit.
(xi) Records of all periods of fuel oil usage as required at
paragraph (b)(2)(vi) of this section.
(e) Reporting requirements. (1) All requests, reports, submittals,
notifications, and other communications to the Regional Administrator
required by this section shall be submitted, unless instructed
otherwise, to the Air and Radiation Division, U.S. Environmental
Protection Agency, Region 5 (A-18J), at 77 West Jackson Boulevard,
Chicago, Illinois 60604.
(2) The owner or operator of each BART affected unit identified in
this section and CEMS required by this section must provide to the
Regional Administrator the written notifications, reports and plans
identified at paragraphs (e)(2)(i)-(viii) of this section. If acceptable
to both the Regional Administrator and the owner or operator of each
BART affected unit identified in this section and CEMS required by this
section the owner or operator may provide electronic notifications,
reports and plans.
(i) A notification of the date construction of control devices and
installation of burners required by this section commences postmarked no
later than 30 days after the commencement date.
(ii) A notification of the date the installation of each CEMS
required by this section commences postmarked no later than 30 days
after the commencement date.
(iii) A notification of the date the construction of control devices
and installation of burners required by this section is complete
postmarked no later than 30 days after the completion date.
(iv) A notification of the date the installation of each CEMS
required by this section is complete postmarked no later than 30 days
after the completion date.
(v) A notification of the date control devices and burners installed
by this section startup postmarked no later than 30 days after the
startup date.
(vi) A notification of the date CEMS required by this section
startup postmarked no later than 30 days after the startup date.
(vii) A notification of the date upon which the initial CEMS
performance evaluations are planned. This notification must be submitted
at least 60 days
[[Page 267]]
before the performance evaluation is scheduled to begin.
(viii) A notification of initial compliance, signed by the
responsible official who shall certify its accuracy, attesting to
whether the source has complied with the requirements of this section,
including, but not limited to, applicable emission standards, control
device and burner installations, CEMS installation and certification.
This notification must be submitted before the close of business on the
60th calendar day following the completion of the compliance
demonstration and must include, at a minimum, the information at
paragraphs (e)(2)(viii)(A)-(F) of this section.
(A) The methods used to determine compliance.
(B) The results of any CEMS performance evaluations, and other
monitoring procedures or methods that were conducted.
(C) The methods that will be used for determining continuing
compliance, including a description of monitoring and reporting
requirements and test methods.
(D) The type and quantity of air pollutants emitted by the source,
reported in units of the standard.
(E) A description of the air pollution control equipment and burners
installed as required by this section, for each emission point.
(F) A statement by the owner or operator as to whether the source
has complied with the relevant standards and other requirements.
(3) The owner or operator must develop and implement a written
startup, shutdown, and malfunction plan for NOX and
SO2. The plan must include, at a minimum, procedures for
operating and maintaining the source during periods of startup,
shutdown, and malfunction; and a program of corrective action for a
malfunctioning process and air pollution control and monitoring
equipment used to comply with the relevant standard. The plan must
ensure that, at all times, the owner or operator operates and maintains
each affected source, including associated air pollution control and
monitoring equipment, in a manner which satisfies the general duty to
minimize or eliminate emissions using good air pollution control
practices. The plan must ensure that owners or operators are prepared to
correct malfunctions as soon as practicable after their occurrence.
(4) The written reports of the results of each performance
evaluation and QA/QC check in accordance with and as required by
paragraph (c)(4)(v) of this section.
(5) Compliance reports. The owner or operator of each BART affected
unit must submit semiannual compliance reports. The semiannual
compliance reports must be submitted in accordance with paragraphs
(e)(5)(i) through (iv) of this section, unless the Administrator has
approved a different schedule.
(i) The first compliance report must cover the period beginning on
the compliance date that is specified for the affected source through
June 30 or December 31, whichever date comes first after the compliance
date that is specified for the affected source.
(ii) The first compliance report must be postmarked no later than 30
calendar days after the reporting period covered by that report (July 30
or January 30), whichever comes first.
(iii) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(iv) Each subsequent compliance report must be postmarked no later
than 30 calendar days after the reporting period covered by that report
(July 30 or January 30).
(6) Compliance report contents. Each compliance report must include
the information in paragraphs (e)(6)(i) through (vi) of this section.
(i) Company name and address.
(ii) Statement by a responsible official, with the official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(iii) Date of report and beginning and ending dates of the reporting
period.
(iv) Identification of the process unit, control devices, and CEMS
covered by the compliance report.
(v) A record of each period of startup, shutdown, or malfunction
during the reporting period and a description of
[[Page 268]]
the actions the owner or operator took to minimize or eliminate
emissions arising as a result of the startup, shutdown, or malfunction
and whether those actions were or were not consistent with the source's
startup, shutdown, and malfunction plan.
(vi) A statement identifying whether there were or were not any
deviations from the requirements of this section during the reporting
period. If there were deviations from the requirements of this section
during the reporting period, then the compliance report must describe in
detail the deviations which occurred, the causes of the deviations,
actions taken to address the deviations, and procedures put in place to
avoid such deviations in the future. If there were no deviations from
the requirements of this section during the reporting period, then the
compliance report must include a statement that there were no
deviations. For purposes of this section, deviations include, but are
not limited to, emissions in excess of applicable emission standards
established by this section, failure to continuously operate an air
pollution control device in accordance with operating requirements
designed to assure compliance with emission standards, failure to
continuously operate CEMS required by this section, and failure to
maintain records or submit reports required by this section.
(7) Each owner or operator of a CEMS required by this section must
submit quarterly excess emissions and monitoring system performance
reports for each pollutant monitored for each BART affected unit
monitored. All reports must be postmarked by the 30\th\ day following
the end of each three-month period of a calendar year (January-March,
April-June, July-September, October-December) and must include, at a
minimum, the requirements at paragraphs (e)(7)(i)-(xv) of this section.
(i) Company name and address.
(ii) Identification and description of the process unit being
monitored.
(iii) The dates covered by the reporting period.
(iv) Total source operating hours for the reporting period.
(v) Monitor manufacturer, monitor model number and monitor serial
number.
(vi) Pollutant monitored.
(vii) Emission limitation for the monitored pollutant.
(viii) Date of latest CEMS certification or audit.
(ix) A description of any changes in continuous monitoring systems,
processes, or controls since the last reporting period.
(x) A table summarizing the total duration of excess emissions, as
defined at paragraphs (e)(7)(x)(A)-(B) of this section, for the
reporting period broken down by the cause of those excess emissions
(startup/shutdown, control equipment problems, process problems, other
known causes, unknown causes), and the total percent of excess emissions
(for all causes) for the reporting period calculated as described at
paragraph (e)(7)(x)(C) of this section.
(A) For purposes of this section, an excess emission is defined as
any 30-day rolling average period, including periods of startup,
shutdown and malfunction, during which the 30-day rolling average
emissions of either regulated pollutant (SO2 and
NOX), as measured by a CEMS, exceeds the applicable emission
standards in this section.
(B) For purposes of this section, if a facility calculates a 30-day
rolling average emission rate in accordance with this section which
exceeds the applicable emission standards of this section, then it will
be considered 30 days of excess emissions. If the following 30-day
rolling average emission rate is calculated and found to exceed the
applicable emission standards of this section as well, then it will add
one more day to the total days of excess emissions (i.e. 31 days).
Similarly, if an excess emission is calculated for a 30-day rolling
average period and no additional excess emissions are calculated until
15 days after the first, then that new excess emission will add 15 days
to the total days of excess emissions (i.e. 30 + 15 = 45). For purposes
of this section, if an excess emission is calculated for any period of
time within a reporting period, there will be no fewer than 30 days of
excess emissions but there should be no more than 121 days of excess
emissions for a reporting period.
[[Page 269]]
(C) For purposes of this section, the total percent of excess
emissions will be determined by summing all periods of excess emissions
(in days) for the reporting period, dividing that number by the total
BART affected unit operating days for the reporting period, and then
multiplying by 100 to get the total percent of excess emissions for the
reporting period. An operating day, as defined previously, is any day
during which fuel is fired in the BART affected unit for any period of
time. Because of the possible overlap of 30-day rolling average excess
emissions across quarters, there are some situations where the total
percent of excess emissions could exceed 100 percent. This extreme
situation would only result from serious excess emissions problems where
excess emissions occur for nearly every day during a reporting period.
(xi) A table summarizing the total duration of monitor downtime, as
defined at paragraph (e)(7)(xi)(A) of this section, for the reporting
period broken down by the cause of the monitor downtime (monitor
equipment malfunctions, non-monitor equipment malfunctions, quality
assurance calibration, other known causes, unknown causes), and the
total percent of monitor downtime (for all causes) for the reporting
period calculated as described at paragraph (e)(7)(xi)(B) of this
section.
(A) For purposes of this section, monitor downtime is defined as any
period of time (in hours) during which the required monitoring system
was not measuring emissions from the BART affected unit. This includes
any period of CEMS QA/QC, daily zero and span checks, and similar
activities.
(B) For purposes of this section, the total percent of monitor
downtime will be determined by summing all periods of monitor downtime
(in hours) for the reporting period, dividing that number by the total
number of BART affected unit operating hours for the reporting period,
and then multiplying by 100 to get the total percent of excess emissions
for the reporting period.
(xii) A table which identifies each period of excess emissions for
the reporting period and includes, at a minimum, the information in
paragraphs (e)(7)(xii)(A)-(F) of this section.
(A) The date of each excess emission.
(B) The beginning and end time of each excess emission.
(C) The pollutant for which an excess emission occurred.
(D) The magnitude of the excess emission.
(E) The cause of the excess emission.
(F) The corrective action taken or preventative measures adopted to
minimize or eliminate the excess emissions and prevent such excess
emission from occurring again.
(xiii) A table which identifies each period of monitor downtime for
the reporting period and includes, at a minimum, the information in
paragraphs (e)(7)(xiii)(A)-(D) of this section.
(A) The date of each period of monitor downtime.
(B) The beginning and end time of each period of monitor downtime.
(C) The cause of the period of monitor downtime.
(D) The corrective action taken or preventative measures adopted for
system repairs or adjustments to minimize or eliminate monitor downtime
and prevent such downtime from occurring again.
(xiv) If there were no periods of excess emissions during the
reporting period, then the excess emission report must include a
statement which says there were no periods of excess emissions during
this reporting period.
(xv) If there were no periods of monitor downtime, except for daily
zero and span checks, during the reporting period, then the excess
emission report must include a statement which says there were no
periods of monitor downtime during this reporting period except for the
daily zero and span checks.
(8) The owner or operator of each CEMS required by this section must
develop and submit for review and approval by the Regional Administrator
a site specific monitoring plan. The purpose of this monitoring plan is
to establish procedures and practices which will be implemented by the
owner or operator in its effort to comply with the monitoring,
recordkeeping and reporting requirements of this section. The monitoring
plan must include, at a minimum, the information at paragraphs
(e)(8)(i)-(x) of this section.
[[Page 270]]
(i) Site specific information including the company name, address,
and contact information.
(ii) The objectives of the monitoring program implemented and
information describing how those objectives will be met.
(iii) Information on any emission factors used in conjunction with
the CEMS required by this section to calculate emission rates and a
description of how those emission factors were determined.
(iv) A description of methods to be used to calculate emission rates
when CEMS data is not available due to downtime associated with QA/QC
events.
(v) A description of the QA/QC program to be implemented by the
owner or operator of CEMS required by this section. This can be the QA/
QC program developed in accordance with 40 CFR Part 60, Appendix F,
Procedure 1, Section 3.
(vi) A list of spare parts for CEMS maintained on site for system
maintenance and repairs.
(vii) A description of the procedures to be used to calculate 30-day
rolling averages and an example calculation which shows the algorithms
used by the CEMS to calculate 30-day rolling averages.
(viii) A sample of the document to be used for the quarterly excess
emission reports required by this section.
(ix) A description of the procedures to be implemented to
investigate root causes of excess emissions and monitor downtime and the
proposed corrective actions to address potential root causes of excess
emissions and monitor downtime.
(x) A description of the sampling and calculation methodology for
determining the percent sulfur by weight as a monthly block average for
coal used during that month.
[78 FR 8738, Feb. 6, 2013]
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 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
[[Page 271]]
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.
(d) Approval--On November 10, 2004, Minnesota submitted a revision
to the Carbon Monoxide (CO) maintenance plan for the Minneapolis-St.
Paul area. These plans revised 1996 and 2009 motor vehicle emission
inventories and 2009 Motor Vehicle Emissions Budgets (MVEB) recalculated
using the emissions factor model MOBILE6. The MVEB for transportation
conformity purposes for the Minneapolis-St. Paul maintenance area is
1961 tons per winter day of CO.
(e) Approval--On June 16, 2010, Minnesota submitted a carbon
monoxide (CO) limited maintenance plan for the Minneapolis-St. Paul area
under section 175A of the CAA for the continued attainment of the one
hour and eight hour CO NAAQS.
[59 FR 47807, Sept. 19, 1994, as amended at 62 FR 55172, Oct. 23, 1997;
64 FR 58354, Oct. 29, 1999; 69 FR 71380, Dec. 9, 2004; 75 FR 54778,
Sept. 9, 2010]
Sec. 52.1240 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?
(a)(1) The owner and operator of each source located within the
State of Minnesota and for which requirements are set forth under the
Federal CAIR NOX Annual Trading Program in subparts AA
through II of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the Minnesota State Implementation
Plan (SIP) as meeting the requirements of CAIR for PM2.5
relating to NOX under Sec. 51.123 of this chapter, except to
the extent the Administrator's approval is partial or conditional or
unless such approval is under Sec. 51.123(p) of this chapter.
(2) Notwithstanding any provisions of paragraph (a)(1) of this
section, if, at the time of such approval of the State's SIP, the
Administrator has already allocated CAIR NOX allowances to
sources in the State for any years, the provisions of part 97 of this
chapter authorizing the Administrator to complete the allocation of CAIR
NOX allowances for those years shall continue to apply,
unless the Administrator approves a SIP provision that provides for the
allocation of the remaining CAIR NOX allowances for those
years.
(b) Notwithstanding paragraph (a) of this section, such paragraph is
not applicable as it relates to sources in the State of Minnesota as of
December 3, 2009, except that:
(1) The owner and operator of each source referenced in such
paragraph in whose compliance account any allocation of CAIR
NOX allowances was recorded under the Federal CAIR
NOX Annual Trading Program in part 97 of this chapter shall
hold in that compliance account, as of midnight of December 3, 2009 and
with regard to each such recorded allocation, CAIR NOX
allowances that are usable in such trading program, issued for the same
year as the recorded allocation, and in the same amount as the recorded
allocation. The owner and operator shall hold such allowances for the
purpose of deduction by the Administrator under paragraph (b)(2) of this
section.
(2) After December 3, 2009, the Administrator will deduct from the
compliance account of each source in the State of Minnesota any CAIR
NOX allowances required to be held in that compliance account
under paragraph (b)(1) of this section. The Administrator will not
deduct, for purposes of implementing the stay, any other CAIR
NOX allowances held in that compliance account and, starting
no later than December 3, 2009, will not record any allocation of CAIR
NOX allowances included in the State trading budget for
Minnesota for any year.
(c)(1) The owner and operator of each source and each unit located
in the State of Minnesota and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Annual Trading Program in subpart AAAAA of part 97 of
this chapter must comply with such requirements. The obligation to
comply
[[Page 272]]
with such requirements with regard to sources and units in the State
will be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.38(a), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Minnesota's SIP.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Minnesota's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR NOX Annual
allowances under subpart AAAAA of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
AAAAA of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR NOX Annual
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
[72 FR 62350, Nov. 2, 2007, as amended at 74 FR 56726, Oct. 3, 2009; 76
FR 48368, Aug. 8, 2011]
Sec. 52.1241 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of sulfur dioxide?
(a) The owner and operator of each SO2 source located
within the State of Minnesota and for which requirements are set forth
under the Federal CAIR SO2 Trading Program in subparts AAA
through III of part 97 of this chapter must comply with such applicable
requirements. The obligation to comply with these requirements in part
97 of this chapter will be eliminated by the promulgation of an approval
by the Administrator of a revision to the Minnesota State Implementation
Plan as meeting the requirements of CAIR for PM2.5 relating
to SO2 under Sec. 51.124 of this chapter, except to the
extent the Administrator's approval is partial or conditional or unless
such approval is under Sec. 51.124(r) of this chapter.
(b) Notwithstanding paragraph (a) of this section, such paragraph is
not applicable as it relates to sources in the State of Minnesota as of
December 3, 2009.
(c)(1) The owner and operator of each source and each unit located
in the State of Minnesota and Indian country within the borders of the
State and for which requirements are set forth under the TR
SO2 Group 2 Trading Program in subpart DDDDD of part 97 of
this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Minnesota's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.39, except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Minnesota's SIP.
(2) Notwithstanding the provisions of paragraph (c)(1) of this
section, if, at the time of the approval of Minnesota's SIP revision
described in paragraph (c)(1) of this section, the Administrator has
already started recording any allocations of TR SO2 Group 2
allowances under subpart DDDDD of part 97 of this chapter to units in
the State for a control period in any year, the provisions of subpart
DDDDD of part 97 of this chapter authorizing the Administrator to
complete the allocation and recordation of TR SO2 Group 2
allowances to units in the State for each such control period shall
continue to apply, unless provided otherwise by such approval of the
State's SIP revision.
[72 FR 62350, Nov. 2, 2007, as amended at 74 FR 56726, Oct. 3, 2009; 76
FR 48368, Aug. 8, 2011]
[[Page 273]]
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 October 3, 2007, for
Mississippi 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 October 3, 2007, for Mississippi will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of the dates referenced in paragraph (b)(1).
(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 Air and Radiation Docket and Information Center, EPA
Headquarters Library, Infoterra Room (Room Number 3334), EPA West
Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the
National Archives and Records Administration. If you wish to obtain
materials from a docket in the EPA Headquarters Library, please call the
Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566-
1742. For information on the availability of this material at NARA, call
202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/
ibr-locations.html.
(c) EPA Approved Mississippi Regulations.
EPA-Approved Mississippi Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
APC-S-1 Air Emission Regulations for the Prevention, Abatement, and Control of Air Contaminants
----------------------------------------------------------------------------------------------------------------
Section 1........................ General............ 1/9/94 2/12/96, 61 FR 5295
Section 2........................ Definitions........ 1/9/94 2/12/96, 61 FR 5295
Section 3........................ Specific Criteria 5/28/99 12/20/02, 67 FR
for Sources of 77926.
Particulate Matter.
Section 4........................ Specific Criteria 1/9/94 2/12/96, 61 FR 5295
for Sources of
Sulfur Compounds.
Section 5........................ Specific Criteria 1/9/94 2/12/96, 61 FR 5295
for Sources of
Chemical Emissions.
Section 6........................ New Sources........ 5/28/99 12/20/02, 67 FR Subsection 2,
77926. ``Other
Limitations,'' and
Subsection 3,
``New Source
Performance
Standards,'' are
not federally
approved.
Section 7........................ Exceptions......... 2/4/72 5/31/72, 37 FR
10875.
Section 9........................ Stack Height 5/1/86 9/23/87, 52 FR
Considerations.. 35704.
Section 10....................... Provisions for 1/9/94 2/12/96, 61 FR 5295
Upsets, Startups,
and Shutdowns.
Section 11....................... Severability....... 1/9/94 2/12/96, 61 FR 5295
Section 14....................... Provision for the 12/17/06 10/3/07, 72 FR
Clean Air 56268.
Interstate Rule.
----------------------------------------------------------------------------------------------------------------
[[Page 274]]
APC-S-2 Permit Regulations for the Construction and/or Operation of Air Emissions Equipment
----------------------------------------------------------------------------------------------------------------
Section I........................ General 8/27/05 7/10/06, 71 FR
Requirements. 38773.
Section II....................... General Standards 8/27/05 7/10/06, 71 FR
Applicable to All 38773.
Permits.
Section III...................... Application For 8/27/05 7/10/06, 71 FR
Permit To 38773.
Construct and
State Permit To
Operate New
Stationary Source.
Section IV....................... Public 8/27/05 7/10/06, 71 FR
Participation and 38773.
Public
Availability of
Information.
Section V........................ Application Review. 8/27/05 7/10/06, 71 FR
38773.
Section VI....................... Compliance Testing. 8/27/05 7/10/06, 71 FR
38773.
Section VII...................... Emission Evaluation 8/27/05 7/10/06, 71 FR
Report. 38773.
Section VIII..................... Procedures for 8/27/05 7/10/06, 71 FR
Renewal of State 38773.
Permit To Operate.
Section IX....................... Reporting and 8/27/05 7/10/06, 71 FR
Record Keeping. 38773.
Section X........................ Emission Reduction 8/27/05 7/10/06, 71 FR
Schedule. 38773.
Section XI....................... General Permits.... 8/27/05 7/10/06, 71 FR
38773.
Section XII...................... Multi-Media Permits 8/27/05 7/10/06, 71 FR
38773.
Section XIII..................... Exclusions......... 8/27/05 7/10/06, 71 FR
38773.
Section XIV...................... CAFO............... 8/27/05 7/10/06, 71 FR
38773.
Section XV....................... Options............ 8/27/05 7/10/06, 71 FR
38773.
Section XVI...................... Permit Transfer.... 8/27/05 7/10/06, 71 FR
38773.
Section XVII..................... Severability....... 8/27/05 7/10/06, 71 FR
38773.
----------------------------------------------------------------------------------------------------------------
APC-S-3 Regulations for the Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Section 1........................ General............ 2/4/72 5/31/72, 37 FR
10875.
Section 2........................ Definitions........ 2/4/72 5/31/72, 37 FR
10875.
Section 3........................ Episode Criteria... 6/3/88 11/13/89, 54 FR
47211.
Section 4........................ Emission Control 2/4/72 5/31/72, 37 FR
Action Programs. 10875.
Section 5........................ Emergency Orders... 6/3/88 11/13/89, 54 FR
47211.
----------------------------------------------------------------------------------------------------------------
[[Page 275]]
APC-S-5-Regulations for Prevention of Significant Deterioration for Air Quality
----------------------------------------------------------------------------------------------------------------
All.............................. ................... 06/2/2011 9-26-12, 77 FR As of 9-26-2012 EPA
59095. is approving a
revision to APC-S-
5 incorporating by
reference the
regulations found
at 40 CFR 52.21 as
of March 22, 2011.
See [Insert
citation of
publication]. This
approval does not
include
Mississippi's
revision to IBR
(at Rule APC-S-5)
the term
``particulate
matter emissions''
(as promulgated in
the May 16, 2008
NSR PM2.5 Rule (at
40 CFR
51.166(b)(49)(vi))
and the PM2.5 SILs
threshold and
provisions (as
promulgated in the
October 20, 2010
PM2.5 PSD
Increment-SILs-SMC
Rule at 40 CFR
52.21(k)(2)).
----------------------------------------------------------------------------------------------------------------
On December 29,
2010, EPA approved
a revision to APC-
S-5 which
incorporated by
reference the
regulations found
at 40 CFR 52.21 as
of September 13,
2010. See 75 FR
81858. That action
approved the
incorporation by
reference with the
exception of the
phrase ``except
ethanol production
facilities
producing ethanol
by natural
fermentation under
the North American
Industry
Classification
System (NAICS)
codes 325193 or
312140,'' APC-S-5
incorporated by
reference from 40
CFR
52.21(b)(1)(i)(a)
and (b)(1(iii)(t).
Additionally, that
final EPA action
did not
incorporate by
reference, into
the Mississippi
SIP, the
administrative
regulations that
were amended in
the Fugitive
Emissions Rule (73
FR 77882) and are
stayed through
October 3, 2011.
----------------------------------------------------------------------------------------------------------------
Mississippi State Constitution
----------------------------------------------------------------------------------------------------------------
Article 4 Section 109............ Interest of Public 9/27/2012 4/8/2013
Officers in 78 FR 20795........
Contracts.
----------------------------------------------------------------------------------------------------------------
Mississippi Code
----------------------------------------------------------------------------------------------------------------
Section 25-4-25.................. Persons required to 9/27/2012 4/8/2013
file statement of 78 FR 20795........
economic interest.
Section 25-4-27.................. Contents of 9/27/2012 4/8/2013
statement of 78 FR 20795........
economic interest.
Section 25-4-29.................. Filing dates for 9/27/2012 4/8/2013
statement. 78 FR 20795........
Section 25-4-101................. Declaration of 9/27/2012 4/8/2013
public policy. 78 FR 20795........
[[Page 276]]
Section 25-4-103................. Definitions........ 9/27/2012 4/8/2013
78 FR 20795........
Section 25-4-105................. Certain actions, 9/27/2012 4/8/2013
activities and 78 FR 20795........
business
relationships
prohibited or
authorized;
contacts in
violation of
section voidable;
penalties.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved Mississippi source-specific requirements.
EPA Approved Mississippi Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State effective
Name of source Permit number date EPA approval date Explanation
----------------------------------------------------------------------------------------------------------------
None............................ .................. .................. .................. ..................
----------------------------------------------------------------------------------------------------------------
(e) EPA approved Mississippi non-regulatory provisions.
EPA Approved Mississippi Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State submittal
Name of non-regulatory SIP geographic or date/effective EPA approval date Explanation
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 7/13/2011, 76 FR For the 1997 8-
Requirements for the 1997 8- 41123. hour ozone NAAQS.
Hour Ozone National Ambient Air
Quality Standards.
Regional Haze Plan.............. Statewide......... 9/22/2008......... 6/27/2012, 77 FR
38191.
Regional Haze Plan Update--E. I. Statewide......... 5/9/2011.......... 6/27/2012, 77 FR
Dupont Reasonable Progress and 38191.
Mississippi Phosphates BART
Determinations.
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 10/9/2012, 77 FR With the exception
Requirements for 1997 Fine 61276. of sections
Particulate Matter National 110(a)(2)(D)(i),
Ambient Air Quality Standards. 110(a)(2)(E)(ii)
and 110(a)(2)(G).
110(a)(1) and (2) Infrastructure Mississippi....... 10/6/2009......... 10/9/2012, 77 FR With the exception
Requirements for 2006 Fine 61276. of sections
Particulate Matter National 110(a)(2)(D)(i),
Ambient Air Quality Standards. 110(a)(2)(E)(ii)
and 110(a)(2)(G).
110(a)(2)(G) Infrastructure Mississippi....... 7/26/2012......... 10/9/2012, 77 FR ..................
Requirement for the 1997 and 61279.
2006 Fine Particulate Matter
National Ambient Air Quality
Standards.
[[Page 277]]
110(a)(2)(D)(i)(I) Mississippi....... 10/6/2009......... 10/11/2012, 77 FR EPA partially
Infrastructure Requirements for 61727. disapproved this
the 2006 24-hour PM2.5 NAAQS. SIP submission to
the extent that
it relied on the
Clean Air
Interstate Rule
to meet the
110(a)(2)(D)(i)(I
) requirements
for the 2006 24-
hour PM2.5
NAAQS.ROW>
110(a)(2)(E)(ii) Infrastructure Mississippi....... 10/11/2012........ 4/8/2013.......... EPA disapproved
Requirement for the 1997 and 78 FR 20795....... the State's
2006 Fine Particulate Matter 110(a)(2)(E)(ii)
National Ambient Air Quality as it relates to
Standards. section
128(a)(2), the
significant
portion of income
requirement.
110(a)(1) and (2) Infrastructure Mississippi....... 12/7/2007......... 4/12/2013, 78 FR Addressing element
Requirements for 1997 Fine 21845. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
110(a)(1) and (2) Infrastructure Mississippi....... 10/6/2009......... 4/12/2013, 78 FR Addressing element
Requirements for 2006 Fine 21845. 110(a)(2)(D)(i)(I
Particulate Matter National I) prong 3 only
Ambient Air Quality Standards.
----------------------------------------------------------------------------------------------------------------
[62 FR 35442, July 1, 1997]
Editorial Note: For Federal Register citations affecting Sec.
52.1270, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
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.
(a) 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 of Part D,
Title I, of the Clean Air Act as amended in 1977.
(b)(1) Insofar as the Prevention of Significant Deterioration (PSD)
provisions found in this subpart apply to stationary sources of
greenhouse gas (GHGs) emissions, the Administrator approves that
application only to the extent that GHGs are ``subject to regulation,''
as provided in this paragraph
[[Page 278]]
(b), and the Administrator takes no action on that application to the
extent that GHGs are not ``subject to regulation.''
(2) Beginning January 2, 2011, the pollutant GHGs is subject to
regulation if:
(i) The stationary source is a new major stationary source for a
regulated NSR pollutant that is not GHGs, and also will emit or will
have the potential to emit 75,000 tpy CO2e or more; or
(ii) The stationary source is an existing major stationary source
for a regulated NSR pollutant that is not GHGs, and also will have an
emissions increase of a regulated NSR pollutant, and an emissions
increase of 75,000 tpy CO2e or more; and,
(3) Beginning July 1, 2011, in addition to the provisions in
paragraph (b)(2) of this section, the pollutant GHGs shall also be
subject to regulation:
(i) At a new stationary source that will emit or have the potential
to emit 100,000 tpy CO2e; or
(ii) At an existing stationary source that emits or has the
potential to emit 100,000 tpy CO2e, when such stationary
source undertakes a physical change or change in the method of operation
that will result in an emissions increase of 75,000 tpy CO2e
or more.
(4) For purposes of this paragraph (b)--
(i) The term greenhouse gas shall mean the air pollutant defined in
40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases:
Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride.
(ii) The term tpy CO2 equivalent emissions
(CO2e) shall represent an amount of GHGs emitted, and shall
be computed as follows:
(A) Multiplying the mass amount of emissions (tpy), for each of the
six greenhouse gases in the pollutant GHGs, by the gas's associated
global warming potential published at Table A-1 to subpart A of 40 CFR
part 98--Global Warming Potentials.
(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this
section for each gas to compute a tpy CO2e.
(iii) The term emissions increase shall mean that both a significant
emissions increase (as calculated using the procedures in 40 CFR
52.21(a)(2)(iv) (2007)) and a significant net emissions increase (as
defined in paragraphs 40 CFR 52.21(b)(3) and (b)(23)(i) (2007)) occur.
40 CFR 52.21 (2007) is presently incorporated by reference into
Mississippi's plan at EPA-approved Mississippi Commission on
Environmental Quality Rule APC-S-5. For the pollutant GHGs, an emissions
increase shall be based on tpy CO2e, and shall be calculated
assuming the pollutant GHGs is a regulated NSR pollutant, and
``significant'' is defined as 75,000 tpy CO2e instead of
applying the value in 40 CFR 52.21(b)(23)(ii)(2007).
[75 FR 82556, Dec. 30, 2010]
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
[[Page 279]]
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55330, Nov. 28, 1975;
51 FR 40676, Nov. 7, 1986]
Sec. 52.1278 Control strategy: Sulfur oxides and particulate matter.
(a) 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.
(b) Disapproval. EPA is disapproving portions of Mississippi's
Infrastructure SIP for the 1997 annual and 2006 24-hour PM2.5
NAAQS addressing section 110(a)(2)(E)(ii) that requires the State to
comply with section 128 of the CAA.
[54 FR 25456, June 15, 1989, as amended at 78 FR 20796, Apr. 8, 2013]
Sec. 52.1279 Visibility protection.
(a) Regional Haze. The requirements of section 169A of the Clean Air
Act are not met because the regional haze plan submitted by Mississippi
on September 22, 2008, and supplemented on May 9, 2011, does not include
fully approvable measures for meeting the requirements of 40 CFR
51.308(d)(3) and 51.308(e) with respect to emissions of NOX
and SO2 from electric generating units. EPA has given limited
disapproval to the plan provisions addressing these requirements.
(b) [Reserved]
[77 FR 33657, June 7, 2012]
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 State agency, Hand
Deliver or Courier: Mississippi Department of Environmental Quality,
Office of Pollution Control, Air Division, 515 East Amite Street,
Jackson, Mississippi 39201; Mailing Address: Mississippi Department of
Environmental Quality, Office of Pollution Control, Air Division, P.O.
Box 2261, Jackson, Mississippi 39225, rather than to EPA's Region 4
office.
(b) [Reserved]
[77 FR 23398, Apr. 19, 2012]
[[Page 280]]
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.
(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.
[[Page 281]]
(18) Part D and other new source review provisions were submitted by
the Mississippi Department of Natural Resources on November 25, 1981.
(i) Incorporation by reference.
(A) Letter dated November 25, 1981 from Mississippi Department of
Natural Resources, and Mississippi Regulation APC-S-2, section 2.4.8,
``Additional Requirements for a Construction Permit for a New Facility
Significantly Impacting an area in which a National Ambient Air Quality
Standard is being Exceeded or will be Exceeded'', was adopted by the
Mississippi Commission on Natural Resources on November 12, 1981.
Subsection 2.4.8.1, 2.4.8.3, and 2.4.8.4 are incorporated by reference.
(ii) Additional material.
(A) Letter to Jack Ravan from Charlie E. Blalock, dated November 25,
1985, interpreting Mississippi regulations with respect to source
coverage and stack heights.
(19) Stack height regulations were submitted to EPA on April 1, 1986
by the Mississippi Department of Natural Resources.
(i) Incorporation by reference.
(A) Mississippi Department of Natural Resources, Bureau of Pollution
Control, Appendix C-5, Air Emission Regulations, Regulation APC-S-1,
Section 9, which was adopted on March 26, 1986.
(B) Letter of April 1, 1986 from Mississippi Department of National
Resources.
(ii) Additional material--none.
(20) PM10 revisions for the State of Mississippi which
were submitted by the Mississippi Department of Natural Resources on
July 26, 1988.
(i) Incorporation by reference.
(A) Revised regulations which became State-effective on June 3,
1988:
1. Air Emission Regulations, APC-S-1, Section 2, (16)-(27).
2. Permit Regulations . . ., APC-S-2, 2.4.8.1(a), (b), (e), (f) and
2.4.8.3.
3. Regulations for the Prevention of Air Pollution Emergency
Episodes, APC-S-3, Section 3 and Section 5.
(ii) Additional material.
(A) Letter of July 26, 1988, from the Mississippi Department of
Natural Resources, submitting the Mississippi SIP revisions.
Revised SIP narrative:
(B) Section 1.15 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
[[Page 282]]
CAA and establish the Small Business Stationary Source Technical and
Environmental Assistance Program (PROGRAM).
(i) Incorporation by reference.
(A) Mississippi SIP chapter 15 effective December 19, 1992.
(ii) Additional information.
(A) January 20, 1994, letter of clarification regarding the
appointment of the CAP.
(24) The Mississippi Department of Environmental Quality submitted
revisions on June 14, 1991, to ``Permit Regulations for the construction
and/or Operation of Air Emissions Equipment'' of Regulation APC-S092.
These revisions incorporate ``moderate stationary sources'' into the
existing regulations which are required in 40 CFR part 51, subpart I.
(i) Incorporation by reference.
(A) Mississippi Commission on Environmental Quality Permit
Regulations for the Construction and/or Operation of Air Emissions
Equipment, Regulation APC-S092, effective on May 28, 1991.
(B) Letter of June 21, 1994, from the Mississippi Office of the
Attorney General to the Environmental Protection Agency.
(ii) Additional material. None.
(25) Revisions to minor source operating permit rules submitted by
the Mississippi Department of Environmental Quality on January 26, 1994.
(i) Incorporation by reference.
(A) Regulation APC-S-2, effective January 9, 1994.
(ii) Other material. None.
(26) The Mississippi Department of Environmental Quality has
submitted revision to Regulation APC-S-5. The purpose of this regulation
is to adopt by reference Federal regulations for the prevention of
significant deterioration of air quality as required by 40 CFR 51.166
and 52.21.
(i) Incorporation by reference.
(A) Regulations of the prevention of significant deterioration of
air quality--Regulation APC-S-5 effective January 9, 1994.
(ii) Additional information--None.
(27) Amendments to Regulation APC-S-1 ``Air Emission Regulations for
the Prevention, Abatement, and Control of Air Contaminants'' to be
consistent with federal regulations as specified in 40 CFR Part 257.
(i) Incorporation by reference. Regulation APC-S-1 ``Air Emission
Regulations for the Prevention, Abatement, and Control of Air
Contaminants'' effective January 9, 1994, except SECTION 8. PROVISIONS
FOR HAZARDOUS AIR POLLUTANTS.
(ii) Additional material. None.
[37 FR 10875, May 31, 1972. Redesignated and amended at 62 FR 35442,
July 1, 1997]
Editorial Note: For Federal Register citations affecting Sec.
52.1281, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.fdsys.gov.
Sec. 52.1284 Interstate pollutant transport provisions; What are the
FIP requirements for decreases in emissions of nitrogen oxides?
(a) The owner and operator of each source and each unit located in
the State of Mississippi and Indian country within the borders of the
State and for which requirements are set forth under the TR
NOX Ozone Season Trading Program in subpart BBBBB of part 97
of this chapter must comply with such requirements. The obligation to
comply with such requirements with regard to sources and units in the
State will be eliminated by the promulgation of an approval by the
Administrator of a revision to Mississippi's State Implementation Plan
(SIP) as correcting in part the SIP's deficiency that is the basis for
the TR Federal Implementation Plan under Sec. 52.38(b), except to the
extent the Administrator's approval is partial or conditional. The
obligation to comply with such requirements with regard to sources and
units located in Indian country within the borders of the State will not
be eliminated by the promulgation of an approval by the Administrator of
a revision to Mississippi's SIP.
(b) Notwithstanding the provisions of paragraph (a) of this section,
if, at the time of the approval of Mississippi's SIP revision described
in paragraph (a) of this section, the Administrator has already started
recording any allocations of TR NOX Ozone Season allowances
under subpart BBBBB of part 97 of this chapter to units in the State for
[[Page 283]]
a control period in any year, the provisions of subpart BBBBB of part 97
of this chapter authorizing the Administrator to complete the allocation
and recordation of TR NOX Ozone Season allowances to units in
the State for each such control period shall continue to apply, unless
provided otherwise by such approval of the State's SIP revision.
[76 FR 48368, Aug. 8, 2011]
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 August 1,
2009, 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 August 1, 2009, will be incorporated by reference
in the next update to the SIP compilation.
(2) EPA Region 7 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
August 1, 2009.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region 7, Air Planning
and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219; at
EPA Air and Radiation Docket and Information Center, EPA West Building,
1301 Constitution Avenue NW., Washington, DC 20460; or at the National
Archives and Records Administration (NARA). If you wish to obtain
material from the EPA Regional Office, please call (800) 223-0425 or
(913) 551-7122; for material from a docket in EPA Headquarters Library,
please call the Office of Air and Radiation Docket at (202) 566-1742.
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 Rescinded.
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.
10-2.150............... Time Schedule for 12/30/2008 1/24/11, 76 FR 4076 The State has
Compliance. rescinded this
rule.
10-2.205............... Control of 3/30/01 4/24/02, 67 FR 20036.
Emissions from
Aerospace
Manufacture and
Rework Facilities.
10-2.210............... Control of 2/29/08 6/20/08, 73 FR 35074.
Emissions from
Solvent Metal
Cleaning.
[[Page 284]]
10-2.215............... Control of 5/30/01 4/24/02, 67 FR 20036.
Emissions 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 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Industrial (correction).
Surface Coating
Operations.
10-2.260............... Control of 4/30/04 2/2/05, 70 FR 5379.
Petroleum Liquid
Storage, Loading,
and Transfer.
10-2.290............... Control of 3/30/92 8/30/93, 58 FR 45451. The State rule
Emissions from has Sections
Rotogravure and (6)(A) and
Flexographic (6)(B), which
Printing EPA has not
Facilities. approved. 9/6/
94, 59 FR 43376
(correction).
10-2.300............... Control of 11/20/91 3/26/03, 68 FR 14539. 4/3/95, 60 FR
Emissions from 16806
the Manufacturing (correction).
of Paints,
Varnishes,
Lacquers, Enamels
and Other Allied
Surface Coating
Products.
10-2.310............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
the Application (correction).
of Automotive
Underbody
Deadeners.
10-2.320............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Production of (correction).
Pesticides and
Herbicides.
10-2.330............... Control of 5/30/01 2/13/02, 67 FR 6660.
Gasoline Reid
Vapor Pressure.
10-2.340............... Control of 9/30/03 10/30/03, 68 FR 61758.
Emissions from
Lithographic
Printing
Facilities.
10-2.360............... Control of 11/30/95 7/20/98, 63 FR 38755.
Emissions from
Bakery Ovens.
10-2.385............... Control of Heavy 2/28/09 3/1/11, 76 FR 11083 Subsection (3)(A)
Duty Diesel is not SIP
Vehicle Idling approved.
Emissions.
10-2.390............... Kansas City Area 7/27/07 10/18/07, 72 FR 59014.
Transportation
Conformity
Requirements.
----------------------------------------------------------------------------------------------------------------
Chapter 3--Air Pollution Control Regulations for the Outstate Missouri Area
----------------------------------------------------------------------------------------------------------------
10-3.010............... Auto Exhaust 2/1/78 3/18/80, 45 FR 17145.
Emission 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 12831 Rescinded.
Emission of
Particulate
Matter from Fuel
Burning Equipment
Used for Indirect
Heating.
----------------------------------------------------------------------------------------------------------------
[[Page 285]]
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 12831 Rescinded.
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 12/30/2008 1/24/11, 76 FR 4076 The State has
Compliance. rescinded this
rule.
----------------------------------------------------------------------------------------------------------------
Chapter 5--Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area
----------------------------------------------------------------------------------------------------------------
10-5.030............... Maximum Allowable 9/4/84 1/24/85, 50 FR 3337 Rescinded.
Emission of
Particulate
Matter from Fuel
Burning Equipment
Used for Indirect
Heating.
10-5.040............... Use of Fuel in 9/18/70 3/18/80, 45 FR 17145.
Hand-Fired
Equipment
Prohibited.
10-5.060............... Refuse Not To Be 9/18/70 3/18/80, 45 FR 17145. The State has
Burned in Fuel rescinded this
Burning rule.
Installations.
10-5.070............... Open Burning 1/29/95 2/17/00, 65 FR 8060.
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 9/18/70 3/18/80, 45 FR 17145.
Sales of Fuels To
Be Provided and
Maintained.
10-5.130............... Certain Coals To 9/18/70 3/18/80, 45 FR 17145.
Be Washed.
10-5.220............... Control of 9/30/07 4/2/08, 73 FR 17893.
Petroleum Liquid
Storage, Loading
and Transfer.
10-5.240............... Additional Air 9/18/70 3/18/80, 45 FR 17145.
Quality Control
Measures May Be
Required When
Sources Are
Clustered in a
Small Land Area.
10-5.250............... Time Schedule for 12/30/2008 1/24/11, 76 FR 4076 The State has
Compliance. rescinded this
rule.
10-5.295............... Control of 2/29/00 5/18/00, 65 FR 31489.
Emissions from
Aerospace
Manufacturing and
Rework Facilities.
10-5.300............... Control of 11/30/06 3/9/07, 72 FR 10610.
Emissions from
Solvent Metal
Cleaning.
10-5.385............... Control of Heavy 2/28/09 3/1/11, 76 FR 11083 Subsection (3)(A)
Duty Diesel is not SIP
Vehicle Idling approved.
Emissions.
10-5.310............... Liquefied Cutback 3/1/89 3/5/90, 55 FR 7712.
Asphalt
Restricted.
10-5.330............... Control of 8/30/2011 1/23/2012, 67 FR 3146.
Emissions from
Industrial
Surface Coating
Operations.
10-5.340............... Control of 8/30/2011 1/23/2012, 67 FR 3146.
Emissions from
Rotogravure and
Flexographic
Printing
Facilities.
[[Page 286]]
10-5.350............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Manufacture of (Correction
Synthesized Notice).
Pharmaceutical
Products.
10-5.360............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Polyethylene Bag (Correction
Sealing Notice).
Operations.
10-5.370............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
the Application (Correction
of Deadeners and Notice).
Adhesives.
10-5.380............... Motor Vehicle 12/30/02 5/12/03, 68 FR 25414.
Emissions
Inspection.
10-5.390............... Control of 8/30/00 8/14/01, 66 FR 42605.
Emissions from
Manufacture of
Paints,
Varnishes,
Lacquers, Enamels
and Other Allied
Surface Coating
Products.
10-5.410............... Control of 11/20/91 8/24/94, 59 FR 43480. 4/3/95, 60 FR
Emissions from 16806
Manufacture of (Correction
Polystyrene Resin. Notice).
10-5.420............... Control of 3/11/89 3/5/90, 55 FR 7712.
Equipment Leaks
from Synthetic
Organic Chemical
and Polymer
Manufacturing
Plants.
10-5.440............... Control of 12/30/96 2/17/00, 65 FR 8060.
Emissions from
Bakery Ovens.
10-5.442............... Control of 8/30/2011 1/23/2012, 67 FR 3146.
Emissions from
Offset
Lithographic
Printing
Operations.
10-5.450............... Control of VOC 5/28/95 2/17/00, 65 FR 8060.
Emissions from
Traffic Coatings.
10-5.451............... Control of 9/30/00 7/20/01, 66 FR 37906.
Emissions from
Aluminum Foil
Rolling.
10-5.455............... Control of 2/28/97 2/17/00, 65 FR 8060.
Emissions from
Solvent Cleaning
Operations.
10-5.480............... St. Louis Area 7/27/07 10/18/07, 72 FR 59014.
Transportation
Conformity
Requirements.
10-5.490............... Municipal Solid 12/30/96 2/17/00, 65 FR 8060.
Waste Landfills.
10-5.500............... Control of 2/29/00 5/18/00, 65 FR 31489.
Emissions from
Volatile Organic
Liquid Storage.
10-5.510............... Control of 5/30/06 11/6/06, 71 FR 64888.
Emissions of
Nitrogen Oxides.
10-5.520............... Control of 2/29/00 5/18/00, 65 FR 31489.
Volatile Organic
Compound
Emissions from
Existing Major
Sources.
10-5.530............... Control of 2/29/00 5/18/00, 65 FR 31489.
Volatile Organic
Compound
Emissions from
Wood Furniture
Manufacturing
Operations.
10-5.540............... Control of 2/29/00 5/18/00, 65 FR 31489.
Emissions from
Batch Process
Operations.
[[Page 287]]
10-5.550............... Control of 2/29/00 5/18/00, 65 FR 31489.
Volatile Organic
Compound
Emissions from
Reactor Processes
and Distillation
Operations
Processes in the
Synthetic Organic
Chemical
Manufacturing
Industry.
----------------------------------------------------------------------------------------------------------------
10-5.570............... Control of Sulfur 09/30/09 01/25/13, 78 FR 5303
Emissions from
Stationary
Boilers.
----------------------------------------------------------------------------------------------------------------
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 05/30/10 9/20/12, 77 FR 58309
Quality Standards.
10-6.020............... Definitions and 12/30/10 4/2/13, 78 FR 19602
Common Reference
Tables.
10-6.030............... Sampling Methods 2/28/06 12/5/06, 71 FR 70468.
for Air Pollution
Sources.
10-6.040............... Reference Methods. 05/30/10 9/20/12, 77 FR 58309
10-6.050............... Start-up, 2/28/02 8/27/02, 67 FR 54965.
Shutdown, and
Malfunction
Conditions.
[[Page 288]]
10-6.060............... Construction 8/30/11 4/16/12, 77 FR 22500 This revision
Permits Required. incorporates by
reference
elements of
EPA's NSR reform
rule published
December 31,
2002. Provisions
of the
incorporated
reform rule
relating to the
Clean Unit
Exemption,
Pollution
Control
Projects, and
exemption from
recordkeeping
provisions for
certain sources
using the actual-
to-projected-
actual emissions
projections test
are not SIP
approved. In
addition, we are
not approving
Missouri's rule
incorporating
EPA's 2007
revision of the
definition of
``chemical
processing
plants'' (the
``Ethanol
Rule,'' 72 FR
24060 (May 1,
2007) or EPA's
2008 ``fugitive
emissions
rule,'' 73 FR
77882 (December
19, 2008).
Otherwise, this
revision also
incorporates by
reference the
other provisions
of 40 CFR 52.21
as in effect on
August 2, 2010,
which supersedes
any conflicting
provisions in
the Missouri
rule. Section 9,
pertaining to
hazardous air
pollutants, is
not SIP
approved.
10-6.061............... Construction 7/30/06 12/4/06, 70315. Section
Permits (3)(A)2.D. is
Exemptions. not included in
the SIP.
10-6.062............... Construction 5/30/07 9/26/07, 72 FR 54562. Section (3)(B)4.
Permits by Rule. is not included
in the SIP.
10-6.065............... Operating Permits. 9/30/05 2/21/07, 72 FR 7829. Section (4) Basic
State Operating
Permits, has not
been approved as
part of the SIP.
10-6.110............... Submission of 09/30/2010 12/14/2011, 76 FR 77701 Section (3)(A),
Emission Data, Emissions Fees,
Emission Fees, has not been
and Process approved as part
Information. of the SIP
10-6.120............... Restriction of 3/30/05 6/12/06, 71 FR 33622.
Emissions of Lead
from Specific
Lead Smelter-
Refinery
Installations.
10-6.130............... Controlling 05/30/10 9/20/12, 77 FR 58309
Emissions During
Episodes of High
Air Pollution
Potential.
[[Page 289]]
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 17164.
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 9/30/08 12/29/09, 74 FR 68689 Subsection (1)(I)
Emission of referring to the
Visible Air open burning
Contaminants. rule, 10 CSR 10-
6.045, is not
SIP approved.
10-6.260............... Restriction of 2/29/08 6/20/08, 73 FR 35071. Section (3)(B) is
Emission of not SIP
Sulfur Compounds. approved.
10-6.280............... Compliance 3/30/02 8/27/02, 67 FR 54961.
Monitoring Usage.
10-6.300............... Conformity of 9/17/07 12/4/07, 72 FR 68072.
General 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 5/30/07 4/2/08, 73 FR 17890.
Limitations and
Emissions Trading
of Oxides of
Nitrogen.
10-6.360............... Control of NOX 5/30/07 4/2/08, 73 FR 17890.
Emissions from
Electric
Generating Units
and Non-Electric
Generating
Boilers.
10-6.362............... Clean Air 5/18/07 12/14/07, 72 FR 71073.
Interstate Rule
Annual NOX
Trading Program.
10-6.364............... Clean Air 5/18/07 12/14/07, 72 FR 71073.
Interstate Rule
Seasonal NOX
Trading Program.
10-6.366............... Clean Air 5/18/07 12/14/07, 72 FR 71073.
Interstate Rule
SO2 Trading
Program.
10-6.380............... Control of NOX 10/30/05 8/15/06, 71 FR 46860.
Emissions from
Portland Cement
Kilns.
10-6.390............... Control of NOX 10/30/05 8/15/06, 71 FR 46860.
Emissions from
Large Stationary
Internal
Combustion
Engines.
10-6.400............... Restriction of 02/28/11 02/20/13, 78 FR 11758
Emission of
Particulate
Matter from
Industrial
Processes.
10-6.405............... Restriction of 10/30/11 9/13/12, 77 FR 56555 Replaces 10-
Particulate 2.040, 10-3.060,
Matter Emissions 10-4.040, and 10-
From Fuel Burning 5.030
Equipment Used
for Indirect
Heating.
10-6.410............... Emissions Banking 7/30/09 4/16/12, 77 FR 22500
and Trading.
[[Page 290]]
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 11/31/74 8/12/85, 50 FR 32411.
Permits, Signs
and Poster.
50-2.070............... Hours of Operation 11/11/83 8/12/85, 50 FR 32411.
50-2.080............... Licensing of 4/13/78 8/12/85, 50 FR 32411.
Inspector/
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 12/11/77 8/12/85, 50 FR 32411.
Inspection
Stickers and
Decals.
50-2.120............... MVI-2 Form........ 11/11/83 8/12/85, 50 FR 32411.
50-2.130............... Violations of Laws 5/31/74 8/12/85, 50 FR 32411.
or Rules Penalty.
50-2.260............... Exhaust System.... 5/31/74 8/12/85, 50 FR 32411.
50-2.280............... Air Pollution 12/11/80 8/12/85, 50 FR 32411.
Control Devices.
50-2.290............... Fuel Tank......... 5/3/74 8/12/85, 50 FR 32411.
50-2.350............... Applicability of 5/1/84 8/12/85, 50 FR 32411.
Motor 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 12/21/90 10/13/92, 57 FR 46778.
Specifications.
50-2.402............... MAS Software 12/21/90 10/13/92, 57 FR 46778. The SIP does not
Functions. 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) include Section
Display and (3)(B)4, Safety
Program Inspection
Requirements. 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.
[[Page 291]]
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 71663.
8-4.................... Open burning...... 10/31/96 4/22/98, 63 FR 19823.
8-5.................... Emission of 12/10/98 12/22/99, 64 FR 71663. Only subsections
particulate 8-5(c)(1)b, 8-
matter. 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....... 12/04/08 10/21/10 75 FR 64953 Only Section 6-2
is approved by
EPA.
Article II............. Administrative and 12/04/08 ................................... Only Sections 6-
Enforcement. 151, 155, 156,
and 171 are
approved by EPA.
Incinerators......
Article V.............. .................. 12/04/08 ................................... Only Sections 6-
311 through 314
are approved by
EPA.
Article VII............ Stack Emission 10/31/96 4/22/98, 63 FR 19823. Only Section 2A-
Test Method. 25 is 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 10/31/96 4/22/98, 63 FR 19823. Only Sections 2A-
Tables. 51, 55, and 56
are approved by
EPA.
----------------------------------------------------------------------------------------------------------------
St. Louis City Ordinance 68657
----------------------------------------------------------------------------------------------------------------
Section 6.............. Definitions....... 8/28/03 12/9/03, 68 FR 68521. 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 68521. .................
Restrictions.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific permits and orders.
EPA-Approved Missouri Source-Specific Permits and Orders
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/permit effective EPA approval date Explanation
number 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) Order........... 9/27/84 1/7/85, 50 FR 768................
Company Lead Smelter, Boss,
MO.
(4) Gusdorf Operating Permit, Permit Nos: * 4/29/80 10/15/84, 49 FR 40164............
11440 Lackland Road, St. 04682-04693.
Louis County, MO.
[[Page 292]]
(5) Doe Run Lead Smelter, Consent Order... 3/9/90 3/6/92, 57 FR 8076...............
Herculaneum, MO.
(6) Doe Run Lead Smelter, Consent Order... 8/17/90 3/6/92, 57 FR 8076...............
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 Consent Order... 7/2/93 8/4/95, 60 FR 39851..............
Smelter, Boss, MO.
(11) Doe Run Buick Lead Consent Order 9/29/94 8/4/95, 60 FR 39851..............
Smelter, Iron County, MO. (Modification).
(12) ASARCO Glover Lead Consent Decree 7/30/96 3/5/97, 62 FR 9970...............
Smelter, Glover, MO. CV596-98CC with
exhibits A-G.
(13) Eagle-Picher Consent 08/26/99 4/24/00, 65 FR 21649.............
Technologies, Joplin, MO. Agreement.
(14) Doe Run Resource Consent Order... 5/11/00 10/18/00, 65 FR 62295............
Recycling 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 1/31/00 10/26/00, 65 FR 64156............
No. 00-01-004.
(17) St. Joseph Light & Power Consent Decree.. 5/21/01 11/15/01, 66 FR 57389............
SO2.
(18) Asarco, Glover, MO...... Modification of 7/31/00 4/16/02, 67 FR 18497.............
Consent Decree,
CV596-98CC.
(19) Doe Run, Herculaneum, MO Consent 1/5/01 4/16/02, 67 FR 18497.............
Judgement,
CV301-0052C-J1,
with Work
Practice Manual
and S.O.P. for
Control of Lead
Emissions (Rev
2000).
(20) Springfield City Consent 12/6/01 3/25/02, 67 FR 13570.............
Utilities James River Power Agreement.
Station SO2.
(21) St. Louis University.... Permit Matter 8/28/03 12/9/03, 68 FR 68521............. Updates a
No. 00-01-004. reference in
section II.B.
to Ordinance
No. 65645.
(22) Doe Run Lead Smelter, Settlement 10/31/03 10/29/04, 69 FR 63072............
Glover, MO. Agreement.
(23) Grossman Iron and Steel Permit No. 7/19/06 12/4/06, 71 FR 70312.............
Company. SR00.045A.
(24) Doe Run Herculaneum, MO. Consent Judgment 12/20/05 5/4/07, 72 FR 25203..............
Modification,
CV301-0052CCJ1.
(25) Doe Run Herculaneum, MO. Consent Judgment 5/21/07 2/17/12, 77 FR 9529.............. This approval
Modification 7/29/09 does not
07JE-CC00552. modificatio include any
n subsequent
modifications
after 2009.
(26) Holcim.................. ................ April 19, 6/26/12, 77 FR 38011............. Sec.
2009 52.1339(c);
Limited
Approval.
----------------------------------------------------------------------------------------------------------------
* St Louis County.
[[Page 293]]
(e) EPA approved nonregulatory provisions and quasi-regulatory
measures.
EPA-Approved Missouri Nonregulatory SIP Provisions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Applicable geographic or State
Name of nonregulatory SIP provision nonattainment area submittal date EPA approval date Explanation
--------------------------------------------------------------------------------------------------------------------------------------------------------
(1) Kansas City and Outstate Air Kansas City and Outstate. 1/24/72 5/31/72, 37 FR 10875.......................
Quality Control Regions 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 Appendix B to St. Louis................ 3/27/72 5/31/72, 37 FR 10875.......................
NO2 emissions.
(4) CO air quality data base.......... St. Louis................ 5/2/72 5/31/72, 37 FR 10875.......................
(5) Budget and manpower projections... Statewide................ 2/28/72 10/28/72, 37 FR 23089......................
(6) Emergency episode manual.......... Kansas City.............. 5/11/72 10/28/72, 37 FR 23089......................
(7) Amendments to Air Conservation Law Statewide................ 7/12/72 10/28/72, 37 FR 23089......................
(8) Air monitoring plan............... Outstate................. 7/12/72 10/28/72, 37 FR 23089......................
(9) Amendments to Air Conservation Law Statewide................ 8/8/72 10/28/72, 37 FR 23089......................
(10) Transportation control strategy.. Kansas City.............. 5/11/73, 5/21/ 6/22/73, 38 FR 16566.......................
73
(11) Analysis of ambient air quality Kansas City.............. 4/11/74 3/2/76, 41 FR 8962.........................
data and recommendation to not
designate the area as an air quality
maintenance area.
(12) Recommendation to designate air St. Louis, Columbia, 5/6/74 9/9/75, 40 FR 41950........................
quality maintenance areas. Springfield.
(13) Plan to attain the NAAQS......... Kansas City, St. Louis... 7/2/79 4/9/80, 45 FR 24140........................ Correction notice
published 7/11/80.
(14) Schedule for I/M program and St. Louis................ 9/9/80 3/16/81, 46 FR 16895.......................
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 5/15/81.
2/13/81
(16) Report on recommended I/M program St. Louis................ 12/16/80 8/27/81, 46 FR 43139....................... No action was taken on
the specific
recommendations in the
report.
(17) Report outlining commitments to St. Louis................ 2/12/81, 11/10/81, 46 FR 55518......................
TCMs, analysis of TCMs, and results 4/28/81
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 plan...... Statewide................ 6/6/84 9/27/84, 49 FR 38103.......................
(20) Vehicle I/M program.............. St. Louis................ 8/27/84 8/12/85, 50 FR 32411.......................
(21) Visibility protection plan....... Hercules Glades and Mingo 5/3/85 2/10/86, 51 FR 4916........................
Wildlife Area.
(22) Plan for attaining the ozone St. Louis................ 8/1/85 9/3/86, 51 FR 31328........................
standard by December 31, 1987.
(23) PM10 plan........................ Statewide................ 3/29/88, 7/31/89, 54 FR 31524.......................
6/15/88
[[Page 294]]
(24) Construction permit fees Statewide................ 1/24/89, 1/9/90, 55 FR 735..........................
including Chapter 643 RSMo. 9/27/89
(25) PSD NOx requirements including a Statewide................ 7/9/90 3/5/91, 56 FR 9172.........................
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 plan... Statewide................ 3/10/93 10/26/93, 58 FR 57563......................
(29) Part D Lead plan................. Herculaneum.............. 7/2/93, 5/5/95, 60 FR 22274........................
6/30/94,
11/23/94
(30) Intermediate permitting program Statewide................ 3/31/94, 9/25/95, 60 FR 49340.......................
including three letters pertaining to 11/7/94,
authority to limit potential to emit 10/3/94,
hazardous air pollutants. 2/10/95
(31) Part D lead plan................. Bixby.................... 7/2/93, 8/4/95, 60 FR 39851........................
6/30/94
(32) Transportation conformity plans St. Louis, Kansas City... 2/14/95 2/29/96, 61 FR 7711........................
including a policy 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 the St. Louis................ 11/12/99 5/18/00, 65 FR 31482.......................
Missouri inspection maintenance
program.
(39) Doe Run Resource Recycling Dent Township in Iron 5/17/00 10/18/00, 65 FR 62298......................
Facility near Buick, MO. County.
(40) Commitments with respect to Statewide................ 8/8/00 12/28/00, 65 FR 82288......................
implementation of rule 10 CSR 10-
6.350, Emissions Limitations and
Emissions Trading of Oxides of
Nitrogen.
(41) Contingency Plan including letter St. Louis................ 10/6/97, 6/26/01, 66 FR 34011.......................
of April 5, 2001. 4/5/01
(42) Ozone 1-Hour Standard Attainment St. Louis................ 11/10/99, 11/2/ 6/26/01, 66 FR 34011.......................
Demonstration Plan for November 2004 00,
including 2004 On-Road Motor Vehicle 2/28/01,
Emissions Budgets. 3/7/01
[[Page 295]]
(43) Doe Run Resources Corporation Herculaneum, MO.......... 1/9/01 4/16/02, 67 FR 18502....................... The SIP was reviewed and
Primary lead Smelter, 2000 Revision approved by EPA on 1/11/
of Lead SIP. 01.
(44) Doe Run Resources Corporation Glover, MO............... 6/15/01 4/16/02, 67 FR 18502....................... The SIP was reviewed and
Primary Lead Smelter, 2000 Revision approved by EPA on 6/26/
of Lead SIP. 01.
(45) Maintenance Plan for the Missouri St. Louis................ 12/6/02 5/12/03, 68 FR 25442.......................
Portion of the St. Louis Ozone
Nonattainment Area including 2014 On-
Road Motor Vehicle Emission Budgets.
(46) Maintenance Plan for the 1-hour Kansas City.............. 12/17/02 1/13/04, 69 FR 1923........................
ozone standard in the Missouri
portion of the Kansas City
maintenance area for the second ten-
year period.
(47) Vehicle I/M Program.............. St. Louis................ 10/1/03 5/13/04, 69 FR 26506.......................
(48) Revised Maintenance Plan of Doe Dent Township in Iron 4/29/03 8/24/04, 69 FR 51953....................... Furnace daily throughput
Run Resource Recycling Facility near County. limits required to be
Buick, MO. consistent with rule 10
CSR 10-6.120. Annual
production cap in Doe
Run construction permit
not affected by this
rulemaking.
(49) Lead Maintenance Plan............ Iron County (part) within 1/26/04 10/29/04, 69 FR 63072......................
boundaries of Liberty
and Arcadia Townships.
(50) Revision to Maintenance Plan for Kansas City.............. 10/28/05 6/26/06, 71 FR 36210.......................
the 1-hour ozone standard in the
Missouri portion of the Kansas City
maintenance area for the second ten-
year period.
(51) CAA 110(a)(2)(D)(i) SIP-- Statewide................ 2/27/07 5/8/07, 72 FR 25085........................
Interstate Transport.
(52) Submittal of the 2002 Base Year St. Louis................ 6/15/06 5/31/07, 72 FR 30272.......................
Inventory for the Missouri Portion of
the St. Louis 8-hour ozone
nonattainment area and Emissions
Statement SIP.
(53) Maintenance Plan for the 8-hour Kansas City.............. 5/23/07 8/9/07, 72 FR 44778........................ This plan replaces
ozone standard in the Missouri numbers (46) and (50).
portion of the Kansas City area.
(54) Section 110(a)(2) Infrastructure Statewide................ 02/27/2007 07/11/2011, 76 FR 40621.................... This action addresses
Requirements for the 1997 8-Hour the following CAA
Ozone NAAQS. elements, as
applicable:
110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G),
(H), (J), (K), (L), and
(M).
[[Page 296]]
(55) VOC RACT Requirements for the 8- St. Louis................ 1/17/2007, 1/23/2012, 67 FR 3146...................... We are conditionally
hour ozone NAAQS. 6/01/2011 approving this SIP
revision based on
Missouri's commitment
to submit a SIP to
address the solvent
cleaning CTG no later
than December 31, 2012.
(56) CAA Section 110(a)(2) SIP--1978 City of Herculaneum, MO.. 7/29/09 2/17/12, 77 FR 9529........................ ........................
Pb NAAQS.
(57) Regional Haze Plan for the first Statewide................ 8/5/09, 6/26/12, 77 FR 38011....................... Sec. 52.1339(c);
implementation period. supplemented 1/ Limited Approval.
30/12
--------------------------------------------------------------------------------------------------------------------------------------------------------
[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 at www.fdsys.gov.
Effective Date Note: At 78 FR 37461, June 21, 2013, Sec. 52.1320
was amended in paragraph (c), in the table, by adding a new Chapter 1
heading in numerical order, adding a new entry 10-1.020 (1) and (2), and
revising the entry for 10-6.060, and paragraph (e) is amended by adding
new entries (58), (59) and (60) in numerical order at the end of the
table, effective July 22, 2013, For the convenience of the user, the
added and revised text is set forth as follows:
Sec. 52.1320 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Missouri Regulations
----------------------------------------------------------------------------------------------------------------
State
Missouri citation Title effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
Missouri Department of Natural Resources
Chapter 1--Organization
----------------------------------------------------------------------------------------------------------------
10-1.020 (1) and (2)........... Commission Voting 7/30/1998 6/21/2013, 78 FR
and Meeting 37457.
Procedures.
* * * * * * *
Chapter 6--Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control
Regulations for the State of Missouri
----------------------------------------------------------------------------------------------------------------
* * * * * * *
10-6.060....................... Construction 9/30/2012 6/21/2013, 78 FR Provisions of the 2010
Permits Required. 37457. PM2.5 PSD--Increments,
SILs and SMCs rule (75 FR
64865, October 20, 2010)
relating to SILs and SMCs
that were affected by the
January 22, 2013 U.S.
Court of Appeals decision
are not SIP approved.
Provisions of the 2002 NSR
reform rule relating to
the Clean Unit Exemption,
Pollution Control
Projects, and exemption
from recordkeeping
provisions for certain
sources using the actual-
to-projected-actual
emissions projections
test are not SIP
approved.
[[Page 297]]
In addition, we have not
approved Missouri's rule
incorporating EPA's 2007
revision of the
definition of ``chemical
processing plants'' (the
``Ethanol Rule,'' 72 FR
24060 (May 1, 2007) or
EPA's 2008 ``fugitive
emissions rule,'' 73 FR
77882 (December 19,
2008).
Although exemptions
previously listed in 10
CSR 10-6.060 have been
transferred to 10 CSR 10-
6.061, the Federally-
approved SIP continues to
include the following
exemption, ``Livestock
and livestock handling
systems from which the
only potential
contaminant is odorous
gas.''
Section 9, pertaining to
hazardous air pollutants,
is not SIP approved.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Sec. 52.1320 Identification of plan.
* * * * *
(e)* * *
EPA-Approved Missouri Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal EPA approval date Explanation
revision nonattainment area date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(58) Section 110(a)(2) Statewide......... 2/27/2007 6/21/2013, 78 FR This action addresses the
Infrastructure Requirements 37457. following CAA elements:
for the 1997 PM2.5 NAAQS. 110(a)(2)(A), (B), (C),
(D)(i)(II) prongs 3 and
4, (D)(ii), (E), (F),
(G), (H), (J), (K), (L),
and (M).
(59) Section 110(a)(2) Statewide......... 12/28/2009 6/21/2013, 78 FR This action addresses the
Infrastructure Requirements 37457. following CAA elements:
for the 2006 PM2.5 NAAQS. 110(a)(2)(A), (B), (C),
(D)(i)(II) prongs 3 and
4, (D)(ii), (E), (F),
(G), (H), (J), (K), (L),
and (M).
(60) Section 128 Declaration: Statewide......... 8/08/2012 6/21/2013, 78 FR
Missouri Air Conservation 37457.
Commission Representation and
Conflicts of Interest
Provisions; Missouri Revised
Statutes (RSMo) RSMo 105.450,
RSMo 105.452, RSMo 105.454,
RSMo 105.462, RSMo 105.463,
RSMo 105.466, RSMo 105.472,
and RSMo 643.040.2.
----------------------------------------------------------------------------------------------------------------
[[Page 298]]
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
----------------------------------------------------------------------------------------------------------------
[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.
[[Page 299]]
(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.
(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
[[Page 300]]
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.
(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
[[Page 301]]
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, 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
[[Page 302]]
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 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
[[Page 303]]
``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 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
[[Page 304]]
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 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.
[[Page 305]]
(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.
(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
[[Page 306]]
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 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
[[Page 307]]
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. 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.
[[Page 308]]
(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, 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
[[Page 309]]
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 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.
[[Page 310]]
(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).
(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
[[Page 311]]
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 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
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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.
(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 at www.fdsys.gov.
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
[[Page 313]]
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
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.
(n) [Reserved]
(o) The Administrator conditionally approves the Missouri SIP
revisions that address the requirements of RACT under the 8-hour ozone
NAAQS under Sec. 52.1320(c). Full approval is contingent on Missouri
submitting RACT rules for
[[Page 314]]
inclusion into the Missouri SIP to address the Solvent Cleanup
Operations CTG, to the EPA, no later than December 31, 2012.
[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 at www.fdsys.gov.