[Code of Federal Regulations]
[Title 40, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR52]
[Page 5-632]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
Subpart A--General Provisions
Sec.
52.01 Definitions.
52.02 Introduction.
52.04 Classification of regions.
52.05 Public availability of emission data.
52.06 Legal authority.
52.07 Control strategies.
52.08 Rules and regulations.
52.09 Compliance schedules.
52.10 Review of new sources and modifications.
52.11 Prevention of air pollution emergency episodes.
52.12 Source surveillance.
52.13 Air quality surveillance; resources; intergovernmental
cooperation.
52.14 State ambient air quality standards.
52.15 Public availability of plans.
52.16 Submission to Administrator.
52.17 Severability of provisions.
52.18 Abbreviations.
52.20 Attainment dates for national standards.
52.21 Prevention of significant deterioration of air quality.
52.23 Violation and enforcement.
52.24 Statutory restriction on new sources.
52.26 Visibility monitoring strategy.
52.27 Protection of visibility from sources in attainment areas.
52.28 Protection of visibility from sources in nonattainment areas.
52.29 Visibility long-term strategies.
52.30 Criteria for limiting application of sanctions under section
110(m) of the Clean Air Act on a statewide basis.
52.31 Selection of sequence of mandatory sanctions for findings made
pursuant to section 179 of the Clean Air Act.
52.32 Sanctions following findings of SIP inadequacy.
52.33 Compliance certifications.
52.34 Action on petitions submitted under section 126 relating to
emissions of nitrogen oxides.
Subpart B--Alabama
52.50 Identification of plan.
52.51 Classification of regions.
52.53 Approval status.
52.56 Review of new sources and modifications.
52.57 Control strategy: Sulfur oxides.
52.58 Control strategy: Lead.
52.60 Significant deterioration of air quality.
52.61 Visibility protection.
52.62 Control strategy: Sulfur oxides and particulate matter.
52.63 PM10 State Implementation Plan development in group II
areas.
52.64 [Reserved]
52.65 Control strategy: Nitrogen oxides.
52.66 Control strategy: Ozone.
52.69 Original identification of plan section.
Subpart C--Alaska
52.70 Identification of plan.
52.71 Classification of regions.
52.72 Approval status.
52.73--52.74 [Reserved]
52.75 Contents of the approved state-submitted implementation plan.
52.76 1990 Base Year Emission Inventory.
52.77--52.81 [Reserved]
52.82 Extensions.
52.83--52.95 [Reserved]
52.96 Significant deterioration of air quality.
Subpart D--Arizona
52.111 Toll free number assignment.
52.120 Identification of plan.
52.121 Classification of regions.
52.122 [Reserved]
52.123 Approval status.
52.124 Part D disapproval.
52.125 Control strategy and regulations: Sulfur oxides.
52.126 Control strategy and regulations: Particulate matter.
52.127 Commitment to promulgate and implement reasonably available
control measures for the agricultural fields and aprons.
52.128 Rule for unpaved parking lots, unpaved roads and vacant lots.
52.129 Review of new sources and modifications.
52.130 Source surveillance.
52.131--52.132 [Reserved]
52.133 Rules and regulations.
52.134 Compliance schedules.
52.135 Resources.
52.136 Control strategy for ozone: Oxides of nitrogen.
52.137 [Reserved]
52.138 Conformity procedures.
52.139 [Reserved]
52.140 Monitoring transportation trends.
52.141 [Reserved]
52.142 Federal Implementation Plan for Tri-Cities landfill, Salt River
Pima-Maricopa Indian Community.
52.143 [Reserved]
52.144 Significant deterioration of air quality.
52.145 Visibility protection.
[[Page 6]]
52.146 Particulate matter (PM-10) Group II SIP commitments.
52.150 Yavapai-Apache Reservation.
Subpart E--Arkansas
52.170 Identification of plan.
52.171 Classification of regions.
52.172 Approval status.
52.173-52.180 [Reserved]
52.181 Significant deterioration of air quality.
52.183 Small business assistance program.
52.200 Original identification of plan section.
Subpart F--California
52.219 Identification of plan--conditional approval.
52.220 Identification of plan.
52.221 Classifications of regions.
52.222 Negative declarations.
52.223 Approval status.
52.224 General requirements.
52.225 Legal authority.
52.226 Control strategy and regulations: Particulate matter, San
Joaquin Valley and Mountain Counties Intrastate Regions.
52.227 Control strategy and regulations: Particulate matter,
Metropolitan Los Angeles Intrastate Region.
52.228 Regulations: Particulate matter, Southeast Desert Intrastate
Region.
52.229 Control strategy and regulations: Photochemical oxidants
(hydrocarbons), Metropolitan Los Angeles Intrastate Region.
52.230 Control strategy and regulations: Nitrogen dioxide.
52.231 Regulations: Sulfur oxides.
52.232 Part D conditional approval.
52.233 Review of new sources and modifications.
52.234 Source surveillance.
52.235 Control strategy for ozone: Oxides of nitrogen.
52.236 Rules and regulations.
52.237 Part D disapproval.
52.238 Commitment to undertake rulemaking.
52.239 Alternate compliance plans.
52.240 Compliance schedules.
52.241 Interim approval of enhanced inspection and maintenance program.
52.242 Disapproved rules and regulations.
52.243 Interim approval of the Carbon Monoxide plan for the South
Coast.
52.244-52.245 [Reserved]
52.246 Control of dry cleaning solvent vapor losses.
52.247-52.251 [Reserved]
52.252 Control of degreasing operations.
52.253 Metal surface coating thinner and reducer.
52.254 Organic solvent usage.
52.255 Gasoline transfer vapor control.
52.256 Control of evaporative losses from the filling of vehicular
tanks.
52.257-52.262 [Reserved]
52.263 Priority treatment for buses and carpools--Los Angeles Region.
52.264-52.268 [Reserved]
52.269 Control strategy and regulations: Photochemical oxidants
(hydrocarbons) and carbon monoxide.
52.270 Significant deterioration of air quality.
52.271 Malfunction, startup, and shutdown regulations.
52.272 Research operations exemptions.
52.273 Open burning.
52.274 California air pollution emergency plan.
52.275 Particulate matter control.
52.276 Sulfur content of fuels.
52.277 Oxides of nitrogen, combustion gas concentration limitations.
52.278 Oxides of nitrogen control.
52.279 Food processing facilities.
52.280 Fuel burning equipment.
52.281 Visibility protection.
Subpart G--Colorado
52.320 Identification of plan.
52.321 Classification of regions.
52.322 Extensions.
52.323 Approval status.
52.324 Legal authority.
52.325 [Reserved]
52.326 Area-wide nitrogen oxides (NOX) exemptions.
52.327-52.328 [Reserved]
52.329 Rules and regulations.
52.330 Control strategy: Total suspended particulates.
52.331 Committal SIP for the Colorado Group II PM10 areas.
52.332 Moderate PM-10 nonattainment area plans.
52.333-52.342 [Reserved]
52.343 Significant deterioration of air quality.
52.344 Visibility protection.
52.345 Stack height regulations.
52.346 Air quality monitoring requirements.
52.347 [Reserved]
52.348 Emission inventories.
52.349 Control strategy: Carbon monoxide.
Subpart H--Connecticut
52.369 [Reserved]
52.370 Identification of plan.
52.371 Classification of regions.
52.372 Extensions.
52.373 Approval status.
52.374 Attainment dates for national standards.
52.375 Certification of no sources.
52.376 Control strategy: Carbon monoxide.
52.377 Control strategy: Ozone.
[[Page 7]]
52.378-52.379 [Reserved]
52.380 Rules and regulations.
52.381 Requirements for State implementation plan revisions relating to
new motor vehicles.
52.382 Significant deterioration of air quality.
52.383 Stack height review.
52.384 Emission inventories.
52.385 EPA-approved Connecticut regulations.
Subpart I--Delaware
52.420 Identification of plan.
52.421 Classification of regions.
52.422 Approval status.
52.423 1990 Base Year Emission Inventory.
52.424 Conditional approval.
52.425 [Reserved]
52.426 Control Strategy: ozone.
52.427-52.429 [Reserved]
52.430 Photochemical assessment monitoring stations (PAMS) program.
52.431 [Reserved]
52.432 Significant deterioration of air quality.
52.433 Requirements for State implementation plan revisions relating to
new motor vehicles.
52.460 Small business stationary source technical and environmental
compliance assistance program.
52.465 Original identification of plan section.
Subpart J--District of Columbia
52.470 Identification of plan.
52.471 Classification of regions.
52.472 Approval status.
52.473 [Reserved]
52.474 1990 Base Year Emission Inventory.
52.475 Extensions.
52.476 Control strategy: ozone.
52.477 [Reserved]
52.478 Rules and Regulations.
52.479 Source surveillance.
52.480 Photochemical assessment monitoring stations (PAMS) program.
52.481-52.497 [Reserved]
52.498 Requirements for State implementation plan revisions relating to
new motor vehicles.
52.499 Significant deterioration of air quality.
52.510 Small business assistance program.
52.515 Original identification of plan section.
Subpart K--Florida
52.520 Identification of plan.
52.521 Classification of regions.
52.522 Approval status.
52.523 [Reserved]
52.524 Compliance schedules.
52.525 General requirements.
52.526 Legal authority.
52.527 Control strategy: General.
52.528 Control strategy: Sulfur oxides and particulate matter.
52.529 [Reserved]
52.530 Significant deterioration of air quality.
52.532 Extensions.
52.533 Source surveillance.
52.534 Visibility protection.
52.536 Original identification of plan section.
Subpart L--Georgia
52.569 Identification of plan--conditional approval.
52.570 Identification of plan.
52.571 Classification of regions.
52.572 Approval status.
52.573 Control strategy: General.
52.574-52.575 [Reserved]
52.576 Compliance schedules.
52.577 [Reserved]
52.578 Control strategy: Sulfur oxides and particulate matter.
52.579 Economic feasibility considerations.
52.580 [Reserved]
52.581 Significant deterioration of air quality.
52.582 Control strategy: Ozone.
52.583 Additional rules and regulations.
52.590 Original Identification of plan section.
Subpart M--Hawaii
52.620 Identification of plan.
52.621 Classification of regions.
52.622 [Reserved]
52.623 Approval status.
52.624 General requirements.
52.625 Legal authority.
52.626 Compliance schedules.
52.627-52.631 [Reserved]
52.632 Significant deterioration of air quality.
52.633 Visibility protection.
52.634 Particulate matter (PM-10) Group III SIP.
Subpart N--Idaho
52.670 Identification of plan.
52.671 Classification of regions.
52.672 [Reserved]
52.673 Approval status.
52.674 Legal authority.
52.675 Control strategy: Sulfur oxides--Eastern Idaho Intrastate Air
Quality Control Region.
52.676 Control strategy: Particulate matter.
52.677-52.678 [Reserved]
52.679 Contents of Idaho State implementation plan.
52.680 [Reserved]
52.681 Permits to construct and operating permits.
[[Page 8]]
52.682 [Reserved]
52.683 Significant deterioration of air quality.
52.684-52.689 [Reserved]
52.690 Visibility protection.
52.691 Extensions.
Subpart O--Illinois
52.719 [Reserved]
52.720 Identification of plan.
52.721 Classification of regions.
52.722 Approval status.
52.723 [Reserved]
52.724 Control strategy: Sulfur dioxide.
52.725 Control strategy: Particulates.
52.726 Control strategy: Ozone.
52.727 [Reserved]
52.728 Control strategy: Nitrogen dioxide. [Reserved]
52.729 Control strategy: Carbon monoxide.
52.730 Compliance schedules.
52.731-52.735 [Reserved]
52.736 Review of new sources and modifications.
52.737 Operating permits.
52.738 Significant deterioration of air quality.
52.739 Permit fees.
52.740 Interstate pollution.
52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane,
Lake, McHenry and Will Counties.
52.742 Incorporation by reference.
52.743 Continuous monitoring.
52.744 Small business stationary source technical and environmental
compliance assistance program.
Subpart P--Indiana
52.769 Identification of plan--conditional approval.
52.770 Identification of plan.
52.771 Classification of regions.
52.772 [Reserved]
52.773 Approval status.
52.774 [Reserved]
52.775 Legal authority.
52.776 Control strategy: Particulate matter.
52.777 Control strategy: Photochemical oxidants (hydrocarbons).
52.778 Compliance schedules.
52.779 [Reserved]
52.780 Review of new sources and modifications.
52.781 Rules and regulations.
52.782 Request for 18-month extension.
52.783 [Reserved]
52.784 Transportation and land use controls.
52.785 Control strategy: Carbon monoxide.
52.786 Inspection and maintenance program.
52.787 Gasoline transfer vapor control.
52.788 Operating permits.
52.789-52.792 [Reserved]
52.793 Significant deterioration of air quality.
52.794 Source surveillance.
52.795 Control strategy: Sulfur dioxide.
52.796 Industrial continuous emission monitoring.
52.797 Control strategy: Lead.
52.798 Small business stationary source technical and environmental
compliance assistance program.
Subpart Q--Iowa
52.820 Identification of plan.
52.821 Classification of regions.
52.822 Approval status.
52.823 PM10 State Implementation Plan Development in Group
II Areas.
52.824 Original identification of plan section.
52.825 Compliance schedules.
52.826--52.827 [Reserved]
52.828 Enforcement.
52.829-52.832 [Reserved]
52.833 Significant deterioration of air quality.
52.834 Control strategy: Sulfur dioxide.
Subpart R--Kansas
52.869 Identification of plan--conditional approval.
52.870 Identification of plan.
52.871 Classification of regions.
52.872 Operating permits.
52.873 Approval status.
52.874 Legal authority.
52.875 Original identification of plan section.
52.876 Compliance schedules.
52.877-52.880 [Reserved]
52.881 PM10 State implementation plan development in group
II areas.
52.882-52.883 [Reserved]
52.884 Significant deterioration of air quality.
Subpart S--Kentucky
52.920 Identification of plan.
52.921 Classification of regions.
52.922 [Reserved]
52.923 Approval status.
52.924 Legal authority.
52.925 General requirements.
52.926 Attainment dates for national standards.
52.927 Compliance schedules.
52.928 Control strategy: Sulphur oxides.
52.929 [Reserved]
52.930 Control strategy: Ozone.
52.931 Significant deterioration of air quality.
52.932 Rules and regulations.
52.933 Control strategy: Sulfur oxides and particulate matter.
52.934 VOC rule deficiency correction.
52.935 PM10 State implementation plan development in group
II areas.
52.936 Visibility protection.
[[Page 9]]
52.937 Review of new sources and modifications.
52.938 General conformity.
52.939 Original identification of plan section.
Subpart T--Louisiana
52.970 Identification of plan.
52.971 Classification of regions.
52.972-52.974 [Reserved]
52.975 Redesignations and maintenance plans; ozone.
52.976 Review of new sources and modification.
52.977-52.985 [Reserved]
52.986 Significant deterioration of air quality.
52.987 Control of hydrocarbon emissions.
52.988 [Reserved]
52.990 Stack height regulations
52.991 Small business assistance program.
52.992 Area-wide nitrogen oxides exemptions.
52.993 Emissions inventories.
52.994 [Reserved]
52.995 Enhanced ambient air quality monitoring.
52.996 Disapprovals.
52.999 Original Identification of plan section.
Authority: 42 U.S.C. 7401 et seq.
Subpart A--General Provisions
Source: 37 FR 10846, May 31, 1972, unless otherwise noted.
Sec. 52.01 Definitions.
All terms used in this part but not defined herein shall have the
meaning given them in the Clean Air Act and in parts 51 and 60 of this
chapter.
(a) The term stationary source means any building, structure,
facility, or installation which emits or may emit an air pollutant for
which a national standard is in effect.
(b) The term commenced means that an owner or operator has
undertaken a continuous program of construction or modification.
(c) The term construction means fabrication, erection, or
installation.
(d) The phrases modification or modified source mean any physical
change in, or change in the method of operation of, a stationary source
which increases the emission rate of any pollutant for which a national
standard has been promulgated under part 50 of this chapter or which
results in the emission of any such pollutant not previously emitted,
except that:
(1) Routine maintenance, repair, and replacement shall not be
considered a physical change, and
(2) The following shall not be considered a change in the method of
operation:
(i) An increase in the production rate, if such increase does not
exceed the operating design capacity of the source;
(ii) An increase in the hours of operation;
(iii) Use of an alternative fuel or raw material, if prior to the
effective date of a paragraph in this part which imposes conditions on
or limits modifications, the source is designed to accommodate such
alternative use.
(e) The term startup means the setting in operation of a source for
any purpose.
(f) [Reserved]
(g) The term heat input means the total gross calorific value (where
gross calorific value is measured by ASTM Method D2015-66, D240-64, or
D1826-64) of all fuels burned.
(h) The term total rated capacity means the sum of the rated
capacities of all fuel-burning equipment connected to a common stack.
The rated capacity shall be the maximum guaranteed by the equipment
manufacturer or the maximum normally achieved during use, whichever is
greater.
[37 FR 19807, Sept. 22, 1972, as amended at 38 FR 12698, May 14, 1973;
39 FR 42514, Dec. 5, 1974; 43 FR 26410, June 19, 1978]
Sec. 52.02 Introduction.
(a) This part sets forth the Administrator's approval and
disapproval of State plans and the Administrator's promulgation of such
plans or portions thereof. Approval of a plan or any portion thereof is
based upon a determination by the Administrator that such plan or
portion meets the requirements of section 110 of the Act and the
provisions of part 51 of this chapter.
(b) Any plan or portion thereof promulgated by the Administrator
substitutes for a State plan or portion thereof disapproved by the
Administrator or not submitted by a State, or supplements a State plan
or portion thereof. The promulgated provisions,
[[Page 10]]
together with any portions of a State plan approved by the
Administrator, constitute the applicable plan for purposes of the Act.
(c) Where nonregulatory provisions of a plan are disapproved, the
disapproval is noted in this part and a detailed evaluation is provided
to the State, but no substitute provisions are promulgated by the
Administrator.
(d) All approved plans and plan revisions listed in subparts B
through DDD of this part and on file at the Office of the Federal
Register are approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Notice of amendments to the plans will be published in the Federal
Register. The plans and plan revisions are available for inspection at
the Office of the Federal Register, 800 North Capitol Street, N.W.,
suite 700, Washington, D.C. In addition the plans and plan revisions are
available at the following locations:
(1) Office of Air and Radiation, Docket and Information Center (Air
Docket), EPA, 401 M St., SW., Room M1500, Washington, DC 20460.
(2) The appropriate EPA Regional Office as listed below:
(i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont. Environmental Protection Agency, Region 1, John F. Kennedy
Federal Building, One Congress Street, Boston, MA 02203.
(ii) New York, New Jersey, Puerto Rico, and Virgin Islands.
Environmental Protection Agency, Region 2, 290 Broadway, New York, NY
10007-1866.
(iii) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. Environmental Protection Agency, Region 3,
841 Chestnut Building, Philadelphia, PA 19107.
(iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee Environmental Protection Agency,
Region 4, 345 Courtland Street, N.E., Atlanta, GA 30365.
(v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, IL 60604-3507.
(vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.
Environmental Protection Agency, Region 6, Fountain Place, 1445 Ross
Avenue, Suite 1200, Dallas TX 75202-2733.
(vii) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection
Agency, Region 7, 726 Minnesota Avenue, Kansas City, KS 66101.
(viii) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. Environmental Protection Agency, Region 8, 999 18th Street,
Suite 500, Denver, CO 80202-2466.
(ix) Arizona, California, Hawaii, Nevada, American Samoa, and Guam.
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San
Francisco, CA 94105.
(x) Alaska, Idaho, Oregon, and Washington. Environmental Protection
Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.
(e) Each State's plan is dealt with in a separate subpart, which
includes an introductory section identifying the plan by name and the
date of its submittal, a section classifying regions, and a section
setting forth dates for attainment of the national standards. Additional
sections are included as necessary to specifically identify disapproved
provisions, to set forth reasons for disapproval, and to set forth
provisions of the plan promulgated by the Administrator. Except as
otherwise specified, all supplemental information submitted to the
Administrator with respect to any plan has been submitted by the
Governor of the State.
(f) Revisions to applicable plans will be included in this part when
approved or promulgated by the Administrator.
[37 FR 10846, May 31, 1972, as amended at 37 FR 15080, July 27, 1972; 47
FR 38886, Sept. 3, 1982; 61 FR 16060, Apr. 11, 1996]
Sec. 52.04 Classification of regions.
Each subpart sets forth the priority classification, by pollutant,
for each region in the State. Each plan for each region was evaluated
according to the requirements of part 51 of this chapter applicable to
regions of that priority.
Sec. 52.05 Public availability of emission data.
Each subpart sets forth the Administrator's disapproval of plan
procedures
[[Page 11]]
for making emission data available to the public after correlation with
applicable emission limitations, and includes the promulgation of
requirements that sources report emission data to the Administrator for
correlation and public disclosure.
Sec. 52.06 Legal authority.
(a) The Administrator's determination of the absence or inadequacy
of legal authority required to be included in the plan is set forth in
each subpart. This includes the legal authority of local agencies and
State governmental agencies other than an air pollution control agency
if such other agencies are assigned responsibility for carrying out a
plan or portion thereof.
(b) No legal authority as such is promulgated by the Administrator.
Where required regulatory provisions are not included in the plan by the
State because of inadequate legal authority, substitute provisions are
promulgated by the Administrator.
[37 FR 10846, May 31, 1972, as amended at 60 FR 33922, June 29, 1995]
Sec. 52.07 Control strategies.
(a) Each subpart specifies in what respects the control strategies
are approved or disapproved. Where emission limitations with a future
effective date are employed to carry out a control strategy, approval of
the control strategy and the implementing regulations does not supersede
the requirements of subpart N of this chapter relating to compliance
schedules for individual sources or categories of sources. Compliance
schedules for individual sources or categories of sources must require
such sources to comply with applicable requirements of the plan as
expeditiously as practicable, where the requirement is part of a control
strategy designed to attain a primary standard, or within a reasonable
time, where the requirement is part of a control strategy designed to
attain a secondary standard. All sources must be required to comply with
applicable requirements of the plan no later than the date specified in
this part for attainment of the national standard which the requirement
is intended to implement.
(b) A control strategy may be disapproved as inadequate because it
is not sufficiently comprehensive, although all regulations provided to
carry out the strategy may themselves be approved. In this case,
regulations for carrying out necessary additional measures are
promulgated in the subpart.
(c) Where a control strategy is adequate to attain and maintain a
national standard but one or more of the regulations to carry it out is
not adopted or not enforceable by the State, the control strategy is
approved and the necessary regulations are promulgated by the
Administrator.
(d) Where a control strategy is adequate to attain and maintain air
quality better than that provided for by a national standard but one or
more of the regulations to carry it out is not adopted or not
enforceable by the State, the control strategy is approved and
substitute regulations necessary to attain and maintain the national
standard are promulgated.
[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972;
51 FR 40676, Nov. 7, 1986]
Sec. 52.08 Rules and regulations.
Each subpart identifies the regulations, including emission
limitations, which are disapproved by the Administrator, and includes
the regulations which the Administrator promulgates.
Sec. 52.09 Compliance schedules.
(a) In each subpart, compliance schedules disapproved by the
Administrator are identified, and compliance schedules promulgated by
the Administrator are set forth.
(b) Individual source compliance schedules submitted with certain
plans have not yet been evaluated, and are not approved or disapproved.
(c) The Administrator's approval or promulgation of any compliance
schedule shall not affect the responsibility of the owner or operator to
comply with any applicable emission limitation on and after the date for
final compliance specified in the applicable schedule.
[37 FR 10846, May 31, 1972, as amended at 38 FR 30877, Nov. 8, 1973]
[[Page 12]]
Sec. 52.10 Review of new sources and modifications.
In any plan where the review procedure for new sources and source
modifications does not meet the requirements of subpart I of this
chapter, provisions are promulgated which enable the Administrator to
obtain the necessary information and to prevent construction or
modification.
[37 FR 10846, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.11 Prevention of air pollution emergency episodes.
(a) Each subpart identifies portions of the air pollution emergency
episode contingency plan which are disapproved, and sets forth the
Administrator's promulgation of substitute provisions.
(b) No provisions are promulgated to replace any disapproved air
quality monitoring or communications portions of a contingency plan, but
detailed critiques of such portions are provided to the State.
(c) Where a State plan does not provide for public announcement
regarding air pollution emergency episodes or where the State fails to
give any such public announcement, the Administrator will issue a public
announcement that an episode stage has been reached. When making such an
announcement, the Administrator will be guided by the suggested episode
criteria and emission control actions suggested in Appendix L of part 51
of this chapter or those in the approved plan.
[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972]
Sec. 52.12 Source surveillance.
(a) Each subpart identifies the plan provisions for source
surveillance which are disapproved, and sets forth the Administrator's
promulgation of necessary provisions for requiring sources to maintain
records, make reports, and submit information.
(b) No provisions are promulgated for any disapproved State or local
agency procedures for testing, inspection, investigation, or detection,
but detailed critiques of such portions are provided to the State.
(c) For purposes of Federal enforcement, the following test
procedures and methods shall be used, provided that for the purpose of
establishing whether or not a person has violated or is in violation of
any provision of the plan, nothing in this part shall preclude the use,
including the exclusive use, of any credible evidence or information,
relevant to whether a source would have been in compliance with
applicable requirements if the appropriate performance or compliance
test procedures or methods had been performed:
(1) Sources subject to plan provisions which do not specify a test
procedure and sources subject to provisions promulgated by the
Administrator will be tested by means of the appropriate procedures and
methods prescribed in part 60 of this chapter unless otherwise specified
in this part.
(2) Sources subject to approved provisions of a plan wherein a test
procedure is specified will be tested by the specified procedure.
[37 FR 10846, May 31, 1972, as amended at 40 FR 26032, June 20, 1975; 62
FR 8328, Feb. 24, 1997]
Sec. 52.13 Air quality surveillance; resources; intergovernmental
cooperation.
Disapproved portions of the plan related to the air quality
surveillance system, resources, and intergovernmental cooperation are
identified in each subpart, and detailed critiques of such portions are
provided to the State. No provisions are promulgated by the
Administrator.
Sec. 52.14 State ambient air quality standards.
Any ambient air quality standard submitted with a plan which is less
stringent than a national standard is not considered part of the plan.
Sec. 52.15 Public availability of plans.
Each State shall make available for public inspection at least one
copy of the plan in at least one city in each region to which such plan
is applicable. All such copies shall be kept current.
[[Page 13]]
Sec. 52.16 Submission to Administrator.
(a) All requests, reports, applications, submittals, and other
communications to the Administrator pursuant to this part shall be
submitted in duplicate and addressed to the appropriate Regional Office
of the Environmental Protection Agency.
(b) The Regional Offices are as follows:
(1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
and Vermont. EPA Region 1, John F. Kennedy Federal Building, One
Congress Street, Boston, MA 02203.
(2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA
Region 2, 290 Broadway, New York, NY 10007-1866.
(3) Delaware, District of Columbia, Pennsylvania, Maryland,
Virginia, and West Virginia. EPA Region 3, 841 Chestnut Building,
Philadelphia, PA 19107.
(4) Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, and Tennessee. EPA Region 4, 345 Courtland
Street, N.E., Atlanta, GA 30365.
(5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA
Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.
(6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. EPA Region
6, Fountain Place, 1445 Ross Avenue, Suite 1200, Dallas, TX 75202-2733.
(7) Iowa, Kansas, Missouri, and Nebraska. EPA Region 7, 726
Minnesota Avenue, Kansas City, KS 66101.
(8) Colorado, Montana, North Dakota, South Dakota, Utah, and
Wyoming. EPA Region 8, 999 18th Street, Suite 500, Denver, CO 80202-
2466.
(9) Arizona, California, Hawaii, Nevada, American Samoa, and Guam.
EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.
(10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th
Avenue, Seattle, WA 98101.
[61 FR 16061, Apr. 11, 1996]
Sec. 52.17 Severability of provisions.
The provisions promulgated in this part and the various applications
thereof are distinct and severable. If any provision of this part or the
application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or application of such
provision to other persons or circumstances which can be given effect
without the invalid provision or application.
[37 FR 19808, Sept. 22, 1972]
Sec. 52.18 Abbreviations.
Abbreviations used in this part shall be those set forth in part 60
of this chapter.
[38 FR 12698, May 14, 1973]
Sec. 52.20 Attainment dates for national standards.
Each subpart contains a section which specifies the latest dates by
which national standards are to be attained in each region in the State.
An attainment date which only refers to a month and a year (such as July
1975) shall be construed to mean the last day of the month in question.
However, the specification of attainment dates for national standards
does not relieve any State from the provisions of subpart N of this
chapter which require all sources and categories of sources to comply
with applicable requirements of the plan--
(a) As expeditiously as practicable where the requirement is part of
a control strategy designed to attain a primary standard, and
(b) Within a reasonable time where the requirement is part of a
control strategy designed to attain a secondary standard.
[37 FR 19808, Sept. 22, 1972, as amended at 39 FR 34535, Sept. 26, 1974;
51 FR 40676, Nov. 7, 1986]
Sec. 52.21 Prevention of significant deterioration of air quality.
(a) Plan disapproval. The provisions of this section are applicable
to any State implementation plan which has been disapproved with respect
to prevention of significant deterioration of air quality in any portion
of any State where the existing air quality is better than the national
ambient air quality standards. Specific disapprovals are listed where
applicable, in subparts B
[[Page 14]]
through DDD of this part. The provisions of this section have been
incorporated by reference into the applicable implementation plans for
various States, as provided in subparts B through DDD of this part.
Where this section is so incorporated, the provisions shall also be
applicable to all lands owned by the Federal Goverment and Indian
Reservations located in such State. No disapproval with respect to a
State's failure to prevent significant deterioration of air quality
shall invalidate or otherwise affect the obligations of States, emission
sources, or other persons with respect to all portions of plans approved
or promulgated under this part.
(b) Definitions. For the purposes of this section:
(1)(i) Major stationary source means:
(a) Any of the following stationary sources of air pollutants which
emits, or has the potential to emit, 100 tons per year or more of any
pollutant subject to regulation under the Act: Fossil fuel-fired steam
electric plants of more than 250 million British thermal units per hour
heat input, coal cleaning plants (with thermal dryers), kraft pulp
mills, portland cement plants, primary zinc smelters, iron and steel
mill plants, primary aluminum ore reduction plants, primary copper
smelters, municipal incinerators capable of charging more than 250 tons
of refuse per day, hydrofluoric, sulfuric, and nitric acid plants,
petroleum refineries, lime plants, phosphate rock processing plants,
coke oven batteries, sulfur recovery plants, carbon black plants
(furnace process), primary lead smelters, fuel conversion plants,
sintering plants, secondary metal production plants, chemical process
plants, fossil fuel boilers (or combinations thereof) totaling more than
250 million British thermal units per hour heat input, petroleum storage
and transfer units with a total storage capacity exceeding 300,000
barrels, taconite ore processing plants, glass fiber processing plants,
and charcoal production plants;
(b) Notwithstanding the stationary source size specified in
paragraph (b)(1)(i) of this section, any stationary source which emits,
or has the potential to emit, 250 tons per year or more of any air
pollutant subject to regulation under the Act; or
(c) Any physical change that would occur at a stationary source not
otherwise qualifying under paragraph (b)(1) of this section, as a major
stationary source, if the changes would constitute a major stationary
source by itself.
(ii) A major stationary source that is major for volatile organic
compounds shall be considered major for ozone.
(iii) The fugitive emissions of a stationary source shall not be
included in determining for any of the purposes of this section whether
it is a major stationary source, unless the source belongs to one of the
following categories of stationary sources:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more that 250 million
British thermal units per hour heat input, and
[[Page 15]]
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
(2)(i) Major modification means any physical change in or change in
the method of operation of a major stationary source that would result
in a significant net emissions increase of any pollutant subject to
regulation under the Act.
(ii) Any net emissions increase that is significant for volatile
organic compounds shall be considered significant for ozone.
(iii) A physical change or change in the method of operation shall
not include:
(a) Routine maintenance, repair and replacement;
(b) Use of an alternative fuel or raw material by reason of an order
under sections 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) or by reason
of a natural gas curtailment plant pursuant to the Federal Power Act;
(c) Use of an alternative fuel by reason of an order or rule under
section 125 of the Act;
(d) Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste;
(e) Use of an alternative fuel or raw material by a stationary
source which:
(1) The source was capable of accommodating before January 6, 1975,
unless such change would be prohibited under any federally enforceable
permit condition which was established after January 6, 1975 pursuant to
40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I
or 40 CFR 51.166; or
(2) The source is approved to use under any permit issued under 40
CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;
(f) An increase in the hours of operation or in the production rate,
unless such change would be prohibited under any federally enforceable
permit condition which was established after January 6, 1975, pursuant
to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart
I or 40 CFR 51.166.
(g) Any change in ownership at a stationary source.
(h) The addition, replacement or use of a pollution control project
at an existing electric utility steam generating unit, unless the
Administrator determines that such addition, replacement, or use renders
the unit less environmentally beneficial, or except:
(1) When the Administrator has reason to believe that the pollution
control project would result in a significant net increase in
representative actual annual emissions of any criteria pollutant over
levels used for that source in the most recent air quality impact
analysis in the area conducted for the purpose of title I, if any, and
(2) The Administrator determines that the increase will cause or
contribute to a violation of any national ambient air quality standard
or PSD increment, or visibility limitation.
(i) The installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the
project complies with:
(1) The State implementation plan for the State in which the project
is located, and
(2) Other requirements necessary to attain and maintain the national
ambient air quality standards during the project and after it is
terminated.
(j) The installation or operation of a permanent clean coal
technology demonstration project that constitutes repowering, provided
that the project does not result in an increase in the potential to emit
of any regulated pollutant emitted by the unit. This exemption shall
apply on a pollutant-by-pollutant basis.
(k) The reactivation of a very clean coal-fired electric utility
steam generating unit.
(3)(i) Net emissions increase means the amount by which the sum of
the following exceeds zero:
(a) Any increase in actual emissions from a particular physical
change or change in method of operation at a stationary source; and
(b) Any other increases and decreases in actual emissions at the
source that are contemporaneous with the particular change and are
otherwise creditable.
(ii) An increase or decrease in actual emissions is contemporaneous
with the
[[Page 16]]
increase from the particular change only if it occurs between:
(a) The date five years before construction on the particular change
commences; and
(b) The date that the increase from the particular change occurs.
(iii) An increase or decrease in actual emissions is creditable only
if the Administrator has not relied on it in issuing a permit for the
source under this section, which permit is in effect when the increase
in actual emissions from the particular change occurs.
(iv) An increase or decrease in actual emissions of sulfur dioxide,
particulate matter, or nitrogen oxide, which occurs before the
applicable minor source baseline date is creditable only if it is
required to be considered in calculating the amount of maximum allowable
increases remaining available. With respect to particulate matter, only
PM-10 emissions can be used to evaluate the net emissions increase for
PM-10.
(v) An increase in actual emissions is creditable only to the extent
that the new level of actual emissions exceeds the old level.
(vi) A decrease in actual emissions is creditable only to the extent
that:
(a) The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions;
(b) It is federally enforceable at and after the time that actual
construction on the particular change begins; and
(c) It has approximately the same qualitative significance for
public health and welfare as that attributed to the increase from the
particular change.
(vii) [Reserved]
(viii) An increase that results from a physical change at a source
occurs when the emissions unit on which construction occurred becomes
operational and begins to emit a particular pollutant. Any replacement
unit that requires shakedown becomes operational only after a reasonable
shakedown period, not to exceed 180 days.
(4) Potential to emit means the maximum capacity of a stationary
source to emit a pollutant under its physical and operational design.
Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design
if the limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions do not count in determining the
potential to emit of a stationary source.
(5) Stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant subject to
regulation under the Act.
(6) Building, structure, facility, or installation means all of the
pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties,
and are under the control of the same person (or persons under common
control) except the activities of any vessel. Pollutant-emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same ``Major Group'' (i.e., which have the same
first two digit code) as described in the Standard Industrial
Classification Manual, 1972, as amended by the 1977 Supplement (U. S.
Government Printing Office stock numbers 4101-0066 and 003-005-00176-0,
respectively).
(7) Emissions unit means any part of a stationary source which emits
or would have the potential to emit any pollutant subject to regulation
under the Act.
(8) Construction means any physical change or change in the method
of operation (including fabrication, erection, installation, demolition,
or modification of an emissions unit) which would result in a change in
actual emissions.
(9) Commence as applied to construction of a major stationary source
or major modification means that the owner or operator has all necessary
preconstruction approvals or permits and either has:
(i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable
time; or
[[Page 17]]
(ii) Entered into binding agreements or contractual obligations,
which cannot be cancelled or modified without substantial loss to the
owner or operator, to undertake a program of actual construction of the
source to be completed within a reasonable time.
(10) Necessary preconstruction approvals or permits means those
permits or approvals required under Federal air quality control laws and
regulations and those air quality control laws and regulations which are
part of the applicable State Implementation Plan.
(11) Begin actual construction means, in general, initiation of
physical on-site construction activities on an emissions unit which are
of a permanent nature. Such activities include, but are not limited to,
installation of building supports and foundations, laying underground
pipework and construction of permanent storage structures. With respect
to a change in method of operations, this term refers to those on-site
activites other than preparatory activities which mark the initiation of
the change.
(12) Best available control technology means an emissions limitation
(including a visible emission standard) based on the maximum degree of
reduction for each pollutant subject to regulation under Act which would
be emitted from any proposed major stationary source or major
modification which the Administrator, on a case-by-case basis, taking
into account energy, environmental, and economic impacts and other
costs, determines is achievable for such source or modification through
application of production processes or available methods, systems, and
techniques, including fuel cleaning or treatment or innovative fuel
combustion techniques for control of such pollutant. In no event shall
application of best available control technology result in emissions of
any pollutant which would exceed the emissions allowed by any applicable
standard under 40 CFR parts 60 and 61. If the Administrator determines
that technological or economic limitations on the application of
measurement methodology to a particular emissions unit would make the
imposition of an emissions standard infeasible, a design, equipment,
work practice, operational standard, or combination thereof, may be
prescribed instead to satisfy the requirement for the application of
best available control technology. Such standard shall, to the degree
possible, set forth the emissions reduction achievable by implementation
of such design, equipment, work practice or operation, and shall provide
for compliance by means which achieve equivalent results.
(13)(i) ``Baseline concentration'' means that ambient concentration
level which exists in the baseline area at the time of the applicable
minor source baseline date. A baseline concentration is determined for
each pollutant for which a baseline date is established and shall
include:
(a) The actual emissions representative of sources in existence on
the applicable minor source baseline date, except as provided in
paragraph (b)(13)(ii) of this section;
(b) The allowable emissions of major stationary sources which
commenced construction before the major source baseline date but were
not in operation by the applicable minor source baseline date.
(ii) The following will not be included in the baseline
concentration and will affect the applicable maximum allowable
increase(s):
(a) Actual emissions from any major stationary source on which
construction commenced after the major source baseline date; and
(b) Actual emissions increases and decreases at any stationary
source occurring after the minor source baseline date.
(14)(i) Major source baseline date means:
(a) In the case of particulate matter and sulfur dioxide, January 6,
1975, and
(b) In the case of nitrogen dioxide, February 8, 1988.
(ii) ``Minor source baseline date'' means the earliest date after
the trigger date on which a major stationary source or a major
modification subject to 40 CFR 52.21 or to regulations approved pursuant
to 40 CFR 51.166 submits a complete application under the relevant
regulations. The trigger date is:
(a) In the case of particulate matter and sulfur dioxide, August 7,
1977, and
[[Page 18]]
(b) In the case of nitrogen dioxide, February 8, 1988.
(iii) The baseline date is established for each pollutant for which
increments or other equivalent measures have been established if:
(a) The area in which the proposed source or modification would
construct is designated as attainment or unclassifiable under section
107(d)(i) (D) or (E) of the Act for the pollutant on the date of its
complete application under 40 CFR 52.21; and
(b) In the case of a major stationary source, the pollutant would be
emitted in significant amounts, or, in the case of a major modification,
there would be a significant net emissions increase of the pollutant.
(iv) Any minor source baseline date established originally for the
TSP increments shall remain in effect and shall apply for purposes of
determining the amount of available PM-10 increments, except that the
Administrator shall rescind a minor source baseline date where it can be
shown, to the satisfaction of the Administrator, that the emissions
increase from the major stationary source, or net emissions increase
from the major modification, responsible for triggering that date did
not result in a significant amount of PM-10 emissions.
(15)(i) Baseline area means any intrastate area (and every part
thereof) designated as attainment or unclassifiable under section
107(d)(1) (D) or (E) of the Act in which the major source or major
modification establishing the minor source baseline date would construct
or would have an air quality impact equal to or greater than 1
g/m\3\ (annual average) of the pollutant for which the minor
source baseline date is established.
(ii) Area redesignations under section 107(d)(1) (D) or (E) of the
Act cannot intersect or be smaller than the area of impact of any major
stationary source or major modification which:
(a) Establishes a minor source baseline date; or
(b) Is subject to 40 CFR 52.21 and would be constructed in the same
state as the state proposing the redesignation.
(iii) Any baseline area established originally for the TSP
increments shall remain in effect and shall apply for purposes of
determining the amount of available PM-10 increments, except that such
baseline area shall not remain in effect if the Administrator rescinds
the corresponding minor source baseline date in accordance with
paragraph (b)(14)(iv) of this section.
(16) Allowable emissions means the emissions rate of a stationary
source calculated using the maximum rated capacity of the source (unless
the source is subject to federally enforceable limits which restrict the
operating rate, or hours of operation, or both) and the most stringent
of the following:
(i) The applicable standards as set forth in 40 CFR parts 60 and 61;
(ii) The applicable State Implementation Plan emissions limitation,
including those with a future compliance date; or
(iii) The emissions rate specified as a federally enforceable permit
condition, including those with a future compliance date.
(17) Federally enforceable means all limitations and conditions
which are enforceable by the Administrator, including those requirements
developed pursuant to 40 CFR parts 60 and 61, requirements within any
applicable State implementation plan, any permit requirements
established pursuant to 40 CFR 52.21 or under regulations approved
pursuant to 40 CFR part 51, subpart I, including operating permits
issued under an EPA-approved program that is incorporated into the State
implementation plan and expressly requires adherence to any permit
issued under such program.
(18) Secondary emissions means emissions which would occur as a
result of the construction or operation of a major stationary source or
major modification, but do not come from the major stationary source or
major modification itself. Secondary emissions include emissions from
any offsite support facility which would not be constructed or increase
its emissions except as a result of the construction or operation of the
major stationary source or major modification. Secondary emissions do
not include any emissions which come directly
[[Page 19]]
from a mobile source, such as emissions from the tailpipe of a motor
vehicle, from a train, or from a vessel.
(i) Emissions from ships or trains coming to or from the new or
modified stationary source; and
(ii) Emissions from any offsite support facility which would not
otherwise be constructed or increase its emissions as a result of the
construction or operation of the major stationary source or major
modification.
(19) Innovative control technology means any system of air pollution
control that has not been adequately demonstrated in practice, but would
have a substantial likelihood of achieving greater continuous emissions
reduction than any control system in current practice or of achieving at
least comparable reductions at lower cost in terms of energy, economics,
or nonair quality environmental impacts.
(20) Fugitive emissions means those emissions which could not
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
(21)(i) Actual emissions means the actual rate of emissions of a
pollutant from an emissions unit, as determined in accordance with
paragraphs (b)(21) (ii) through (iv) of this section.
(ii) In general, actual emissions as of a particular date shall
equal the average rate, in tons per year, at which the unit actually
emitted the pollutant during a two-year period which precedes the
particular date and which is representative of normal source operation.
The Administrator shall allow the use of a different time period upon a
determination that it is more representative of normal source operation.
Actual emissions shall be calculated using the unit's actual operating
hours, production rates, and types of materials processed, stored, or
combusted during the selected time period.
(iii) The Administrator may presume that source-specific allowable
emissions for the unit are equivalent to the actual emissions of the
unit.
(iv) For any emissions unit (other than an electric utility steam
generating unit specified in paragraph (b)(21)(v) of this section) which
has not begun normal operations on the particular date, actual emissions
shall equal the potential to emit of the unit on that date.
(v) For an electric utility steam generating unit (other than a new
unit or the replacement of an existing unit) actual emissions of the
unit following the physical or operational change shall equal the
representative actual annual emissions of the unit, provided the source
owner or operator maintains and submits to the Administrator on an
annual basis for a period of 5 years from the date the unit resumes
regular operation, information demonstrating that the physical or
operational change did not result in an emissions increase. A longer
period, not to exceed 10 years, may be required by the Administrator if
he determines such a period to be more representative of normal source
post-change operations.
(22) Complete means, in reference to an application for a permit,
that the application contains all of the information necessary for
processing the application.
(23) (i) Significant means, in reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a
rate of emissions that would equal or exceed any of the following rates:
Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Particulate matter:
25 tpy of particulate matter emissions;
15 tpy of PM10 emissions
Ozone: 40 tpy of volatile organic compounds
Lead: 0.6 tpy
Asbestos: 0.007 tpy
Beryllium: 0.0004 tpy
Mercury: 0.1 tpy
Vinyl chloride: 1 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
Hydrogen sulfide (H2 S): 10 tpy
Total reduced sulfur (including H2 S): 10 tpy
Reduced sulfur compounds (including H2 S): 10 tpy
Municipal waste combustor organics (measured as total tetra- through
octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x
10-6 megagrams per year (3.5 x 10-6 tons per
year). Municipal waste combustor metals (measured as particulate
matter): 14 megagrams per year (15 tons per year)
Municipal waste combustor acid gases (measured as sulfur dioxide and
hydrogen
[[Page 20]]
chloride): 36 megagrams per year (40 tons per year)
Municipal solid waste landfills emissions (measured as nonmethane
organic compounds): 45 megagrams per year (50 tons per year)
(ii) Significant means, in reference to a net emissions increase or
the potential of a source to emit a pollutant subject to regulation
under the Act that paragraph (b)(23)(i) of this section, does not list,
any emissions rate.
(iii) Notwithstanding paragraph (b)(23)(i) of this section,
significant means any emissions rate or any net emissions increase
associated with a major stationary source or major modification, which
would construct within 10 kilometers of a Class I area, and have an
impact on such area equal to or greater than 1 g/m\3\, (24-hour
average).
(24) Federal Land Manager means, with respect to any lands in the
United States, the Secretary of the department with authority over such
lands.
(25) High terrain means any area having an elevation 900 feet or
more above the base of the stack of a source.
(26) Low terrain means any area other than high terrain.
(27) Indian Reservation means any federally recognized reservation
established by Treaty, Agreement, executive order, or act of Congress.
(28) Indian Governing Body means the governing body of any tribe,
band, or group of Indians subject to the jurisdiction of the United
States and recognized by the United States as possessing power of self
government.
(29) Adverse impact on visibility means visibility impairment which
interferes with the management, protection, preservation or enjoyment of
the visitor's visual experience of the Federal Class I area. This
determination must be made on a case-by-case basis taking into account
the geographic extent, intensity, duration, frequency and time of
visibility impairment, and how these factors correlate with (1) times of
visitor use of the Federal Class I area, and (2) the frequency and
timing of natural conditions that reduce visibility.
(30) Volatile organic compounds (VOC) is as defined in
Sec. 51.100(s) of this chapter.
(31) Electric utility steam generating unit means any steam electric
generating unit that is constructed for the purpose of supplying more
than one-third of its potential electric output capacity and more than
25 MW electrical output to any utility power distribution system for
sale. Any steam supplied to a steam distribution system for the purpose
of providing steam to a steam-electric generator that would produce
electrical energy for sale is also considered in determining the
electrical energy output capacity of the affected facility.
(32) Pollution control project means any activity or project
undertaken at an existing electric utility steam generating unit for
purposes of reducing emissions from such unit. Such activities or
projects are limited to:
(i) The installation of conventional or innovative pollution control
technology, including but not limited to advanced flue gas
desulfurization, sorbent injection for sulfur dioxide and nitrogen
oxides controls and electrostatic precipitators;
(ii) An activity or project to accommodate switching to a fuel which
is less polluting than the fuel in use prior to the activity or project,
including, but not limited to natural gas or coal re-burning, or the co-
firing of natural gas and other fuels for the purpose of controlling
emissions;
(iii) A permanent clean coal technology demonstration project
conducted under title II, section 101(d) of the Further Continuing
Appropriations Act of 1985 (sec. 5903(d) of title 42 of the United
States Code), or subsequent appropriations, up to a total amount of
$2,500,000,000 for commercial demonstration of clean coal technology, or
similar projects funded through appropriations for the Environmental
Protection Agency; or
(iv) A permanent clean coal technology demonstration project that
constitutes a repowering project.
(33) Representative actual annual emissions means the average rate,
in tons per year, at which the source is projected to emit a pollutant
for the two-year period after a physical change or change in the method
of operation of a unit, (or a different consecutive two-year period
within 10 years after that
[[Page 21]]
change, where the Administrator determines that such period is more
representative of normal source operations), considering the effect any
such change will have on increasing or decreasing the hourly emissions
rate and on projected capacity utilization. In projecting future
emissions the Administrator shall:
(i) Consider all relevant information, including but not limited to,
historical operational data, the company's own representations, filings
with the State or Federal regulatory authorities, and compliance plans
under title IV of the Clean Air Act; and
(ii) Exclude, in calculating any increase in emissions that results
from the particular physical change or change in the method of operation
at an electric utility steam generating unit, that portion of the unit's
emissions following the change that could have been accommodated during
the representative baseline period and is attributable to an increase in
projected capacity utilization at the unit that is unrelated to the
particular change, including any increased utilization due to the rate
of electricity demand growth for the utility system as a whole.
(34) Clean coal technology means any technology, including
technologies applied at the precombustion, combustion, or post
combustion stage, at a new or existing facility which will achieve
significant reductions in air emissions of sulfur dioxide or oxides of
nitrogen associated with the utilization of coal in the generation of
electricity, or process steam which was not in widespread use as of
November 15, 1990.
(35) Clean coal technology demonstration project means a project
using funds appropriated under the heading ``Department of Energy-Clean
Coal Technology'', up to a total amount of $2,500,000,000 for commercial
demonstration of clean coal technology, or similar projects funded
through appropriations for the Environmental Protection Agency. The
Federal contribution for a qualifying project shall be at least 20
percent of the total cost of the demonstration project.
(36) Temporary clean coal technology demonstration project means a
clean coal technology demonstration project that is operated for a
period of 5 years or less, and which complies with the State
implementation plans for the State in which the project is located and
other requirements necessary to attain and maintain the national ambient
air quality standards during the project and after it is terminated.
(37) (i) Repowering means replacement of an existing coal-fired
boiler with one of the following clean coal technologies: atmospheric or
pressurized fluidized bed combustion, integrated gasification combined
cycle, magnetohydrodynamics, direct and indirect coal-fired turbines,
integrated gasification fuel cells, or as determined by the
Administrator, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other
technology capable of controlling multiple combustion emissions
simultaneously with improved boiler or generation efficiency and with
significantly greater waste reduction relative to the performance of
technology in widespread commercial use as of November 15, 1990.
(ii) Repowering shall also include any oil and/or gas-fired unit
which has been awarded clean coal technology demonstration funding as of
January 1, 1991, by the Department of Energy.
(iii) The Administrator shall give expedited consideration to permit
applications for any source that satisfies the requirements of this
subsection and is granted an extension under section 409 of the Clean
Air Act.
(38) Reactivation of a very clean coal-fired electric utility steam
generating unit means any physical change or change in the method of
operation associated with the commencement of commercial operations by a
coal-fired utility unit after a period of discontinued operation where
the unit:
(i) Has not been in operation for the two-year period prior to the
enactment of the Clean Air Act Amendments of 1990, and the emissions
from such unit continue to be carried in the permitting authority's
emissions inventory at the time of enactment;
(ii) Was equipped prior to shut-down with a continuous system of
emissions control that achieves a removal efficiency for sulfur dioxide
of no less than
[[Page 22]]
85 percent and a removal efficiency for particulates of no less than 98
percent;
(iii) Is equipped with low-NOx burners prior to the time
of commencement of operations following reactivation; and
(iv) Is otherwise in compliance with the requirements of the Clean
Air Act.
(c) Ambient air increments. In areas designated as Class I, II or
III, increases in pollutant concentration over the baseline
concentration shall be limited to the following:
------------------------------------------------------------------------
Maximum
allowable
increase
Pollutant (micrograms
per cubic
meter)
------------------------------------------------------------------------
Class I
------------------------------------------------------------------------
Particulate matter:
PM-10, annual arithmetic mean.......................... 4
PM-10, 24-hr maximum................................... 8
Sulfur dioxide:
Annual arithmetic mean................................. 2
24-hr maximum.......................................... 5
3-hr maximum........................................... 25
Nitrogen dioxide:
Annual arithmetic mean................................. 2.5
Class II
------------------------------------------------------------------------
Particulate matter:
PM-10, annual arithmetic mean.......................... 17
PM-10, 24-hr maximum................................... 30
Sulfur dioxide:
Annual arithmetic mean................................. 20
24-hr maximum.......................................... 91
3-hr maximum........................................... 512
Nitrogen dioxide:
Annual arithmetic mean................................. 25
------------------------------------------------------------------------
Class III
------------------------------------------------------------------------
Particulate matter
PM-10, annual arithmetic mean.......................... 34
PM-10, 24-hr maximum................................... 60
Sulfur dioxide:
Annual arithmetic mean................................. 40
24-hr maximum.......................................... 182
3-hr maximum........................................... 700
Nitrogen dioxide:
Annual arithmetic mean................................. 50
------------------------------------------------------------------------
For any period other than an annual period, the applicable maximum
allowable increase may be exceeded during one such period per year at
any one location.
(d) Ambient air ceilings. No concentration of a pollutant shall
exceed:
(1) The concentration permitted under the national secondary ambient
air quality standard, or
(2) The concentration permitted under the national primary ambient
air quality standard, whichever concentration is lowest for the
pollutant for a period of exposure.
(e) Restrictions on area classifications. (1) All of the following
areas which were in existence on August 7, 1977, shall be Class I areas
and may not be redesignated:
(i) International parks,
(ii) National wilderness areas which exceed 5,000 acres in size,
(iii) National memorial parks which exceed 5,000 acres in size, and
(iv) National parks which exceed 6,000 acres in size.
(2) Areas which were redesignated as Class I under regulations
promulgated before August 7, 1977, shall remain Class I, but may be
redesignated as provided in this section.
(3) Any other area, unless otherwise specified in the legislation
creating such an area, is initially designated Class II, but may be
redesignated as provided in this section.
(4) The following areas may be redesignated only as Class I or II:
(i) An area which as of August 7, 1977, exceeded 10,000 acres in
size and was a national monument, a national primitive area, a national
preserve, a national recreational area, a national wild and scenic
river, a national wildlife refuge, a national lakeshore or seashore; and
(ii) A national park or national wilderness area established after
August 7, 1977, which exceeds 10,000 acres in size.
(f) [Reserved]
(g) Redesignation. (1) All areas (except as otherwise provided under
paragraph (e) of this section) are designated Class II as of December 5,
1974. Redesignation (except as otherwise precluded by paragraph (e) of
this section) may be proposed by the respective States or Indian
Governing Bodies, as provided below, subject to approval by the
Administrator as a revision to the applicable State implementation plan.
(2) The State may submit to the Administrator a proposal to
redesignate areas of the State Class I or Class II provided that:
(i) At least one public hearing has been held in accordance with
procedures established in Sec. 51.102 of this chapter;
(ii) Other States, Indian Governing Bodies, and Federal Land
Managers
[[Page 23]]
whose lands may be affected by the proposed redesignation were notified
at least 30 days prior to the public hearing;
(iii) A discussion of the reasons for the proposed redesignation,
including a satisfactory description and analysis of the health,
environmental, economic, social and energy effects of the proposed
redesignation, was prepared and made available for public inspection at
least 30 days prior to the hearing and the notice announcing the hearing
contained appropriate notification of the availability of such
discussion;
(iv) Prior to the issuance of notice respecting the redesignation of
an area that includes any Federal lands, the State has provided written
notice to the appropriate Federal Land Manager and afforded adequate
opportunity (not in excess of 60 days) to confer with the State
respecting the redesignation and to submit written comments and
recommendations. In redesignating any area with respect to which any
Federal Land Manager had submitted written comments and recommendations,
the State shall have published a list of any inconsistency between such
redesignation and such comments and recommendations (together with the
reasons for making such redesignation against the recommendation of the
Federal Land Manager); and
(v) The State has proposed the redesignation after consultation with
the elected leadership of local and other substate general purpose
governments in the area covered by the proposed redesignation.
(3) Any area other than an area to which paragraph (e) of this
section refers may be redesignated as Class III if--
(i) The redesignation would meet the requirements of paragraph
(g)(2) of this section;
(ii) The redesignation, except any established by an Indian
Governing Body, has been specifically approved by the Governor of the
State, after consultation with the appropriate committees of the
legislature, if it is in session, or with the leadership of the
legislature, if it is not in session (unless State law provides that the
redesignation must be specifically approved by State legislation) and if
general purpose units of local government representing a majority of the
residents of the area to be redesignated enact legislation or pass
resolutions concurring in the redesignation:
(iii) The redesignation would not cause, or contribute to, a
concentration of any air pollutant which would exceed any maximum
allowable increase permitted under the classification of any other area
or any national ambient air quality standard; and
(iv) Any permit application for any major stationary source or major
modification, subject to review under paragraph (l) of this section,
which could receive a permit under this section only if the area in
question were redesignated as Class III, and any material submitted as
part of that application, were available insofar as was practicable for
public inspection prior to any public hearing on redesignation of the
area as Class III.
(4) Lands within the exterior boundaries of Indian Reservations may
be redesignated only by the appropriate Indian Governing Body. The
appropriate Indian Governing Body may submit to the Administrator a
proposal to redesignate areas Class I, Class II, or Class III: Provided,
That:
(i) The Indian Governing Body has followed procedures equivalent to
those required of a State under paragraphs (g)(2), (g)(3)(iii), and
(g)(3)(iv) of this section; and
(ii) Such redesignation is proposed after consultation with the
State(s) in which the Indian Reservation is located and which border the
Indian Reservation.
(5) The Administrator shall disapprove, within 90 days of
submission, a proposed redesignation of any area only if he finds, after
notice and opportunity for public hearing, that such redesignation does
not meet the procedural requirements of this paragraph or is
inconsistent with paragraph (e) of this section. If any such disapproval
occurs, the classification of the area shall be that which was in effect
prior to the redesignation which was disapproved.
(6) If the Administrator disapproves any proposed redesignation, the
State or Indian Governing Body, as appropriate, may resubmit the
proposal after
[[Page 24]]
correcting the deficiencies noted by the Administrator.
(h) Stack heights. (1) The degree of emission limitation required
for control of any air pollutant under this section shall not be
affected in any manner by--
(i) So much of the stack height of any source as exceeds good
engineering practice, or
(ii) Any other dispersion technique.
(2) Paragraph (h)(1) of this section shall not apply with respect to
stack heights in existence before December 31, 1970, or to dispersion
techniques implemented before then.
(i) Review of major stationary sources and major modifications--
Source applicability and exemptions. (1) No stationary source or
modification to which the requirements of paragraphs (j) through (r) of
this section apply shall begin actual construction without a permit
which states that the stationary source or modification would meet those
requirements. The Administrator has authority to issue any such permit.
(2) The requirements of paragraphs (j) through (r) of this section
shall apply to any major stationary source and any major modification
with respect to each pollutant subject to regulation under the Act that
it would emit, except as this section otherwise provides.
(3) The requirements of paragraphs (j) through (r) of this section
apply only to any major stationary source or major modification that
would be constructed in an area designated as attainment or
unclassifiable under section 107(d)(1)(D) or (E) of the Act.
(4) The requirements of paragraphs (j) through (r) of this section
shall not apply to a particular major stationary source or major
modification, if;
(i) Construction commenced on the source or modification before
August 7, 1977. The regulations at 40 CFR 52.21 as in effect before
August 7, 1977, shall govern the review and permitting of any such
source or modification; or
(ii) The source or modification was subject to the review
requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978,
and the owner or operator:
(a) Obtained under 40 CFR 52.21 a final approval effective before
March 1, 1978;
(b) Commenced construction before March 19, 1979; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable time; or
(iii) The source or modification was subject to 40 CFR 52.21 as in
effect before March 1, 1978, and the review of an application for
approval for the stationary source or modification under 40 CFR 52.21
would have been completed by March 1, 1978, but for an extension of the
public comment period pursuant to a request for such an extension. In
such a case, the application shall continue to be processed, and granted
or denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or
(iv) The source or modification was not subject to 40 CFR 52.21 as
in effect before March 1, 1978, and the owner or operator:
(a) Obtained all final Federal, state and local preconstruction
approvals or permits necessary under the applicable State Implementation
Plan before March 1, 1978;
(b) Commenced construction before March 19, 1979; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable time; or
(v) The source or modification was not subject to 40 CFR 52.21 as in
effect on June 19, 1978 or under the partial stay of regulations
published on February 5, 1980 (45 FR 7800), and the owner or operator:
(a) Obtained all final Federal, state and local preconstruction
approvals or permits necessary under the applicable State Implementation
Plan before August 7, 1980;
(b) Commenced construction within 18 months from August 7, 1980, or
any earlier time required under the applicable State Implementation
Plan; and
(c) Did not discontinuue construction for a period of 18 months or
more and completed construction within a reasonable time; or
[[Page 25]]
(vi) The source or modification would be a nonprofit health or
nonprofit educational institution, or a major modification would occur
at such an institution, and the governor of the state in which the
source or modification would be located requests that it be exempt from
those requirements; or
(vii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input;
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
(viii) The source is a portable stationary source which has
previously received a permit under this section, and
(a) The owner or operator proposes to relocate the source and
emissions of the source at the new location would be temporary; and
(b) The emissions from the source would not exceed its allowable
emissions; and
(c) The emissions from the source would impact no Class I area and
no area where an applicable increment is known to be violated; and
(d) Reasonable notice is given to the Administrator prior to the
relocation identifying the proposed new location and the probable
duration of operation at the new location. Such notice shall be given to
the Administrator not less than 10 days in advance of the proposed
relocation unless a different time duration is previously approved by
the Administrator.
(ix) The source or modification was not subject to Sec. 52.21, with
respect to particulate matter, as in effect before July 31, 1987, and
the owner or operator:
(a) Obtained all final Federal, State, and local preconstruction
approvals or permits necessary under the applicable State implementation
plan before July 31, 1987;
(b) Commenced construction within 18 months after July 31, 1987, or
any earlier time required under the State implementation plan; and
(c) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable period of time.
(x) The source or modification was subject to 40 CFR 52.21, with
respect to particulate matter, as in effect before July 31, 1987 and the
owner or operator submitted an application for a permit under this
section before that date, and the Administrator subsequently determines
that the application as submitted was complete with respect to the
particular matter requirements then in effect in the section. Instread,
the requirments of paragraphs (j) through (r) of this section that were
in effect before July 31, 1987 shall apply to such source or
modifiction.
[[Page 26]]
(5) The requirements of paragraphs (j) through (r) of this section
shall not apply to a major stationary source or major modification with
respect to a particular pollutant if the owner or operator demonstrates
that, as to that pollutant, the source or modification is located in an
area designated as nonattainment under section 107 of the Act.
(6) The requirements of paragraphs (k), (m) and (o) of this section
shall not apply to a major stationary source or major modification with
respect to a particular pollutant, if the allowable emissions of that
pollutant from the source, or the net emissions increase of that
pollutant from the modification:
(i) Would impact no Class I area and no area where an applicable
increment is known to be violated, and
(ii) Would be temporary.
(7) The requirements of paragraphs (k), (m) and (o) of this section
as they relate to any maximum allowable increase for a Class II area
shall not apply to a major modification at a stationary source that was
in existence on March 1, 1978, if the net increase in allowable
emissions of each pollutant subject to regulation under the Act from the
modification after the application of best available control technology
would be less than 50 tons per year.
(8) The Administrator may exempt a stationary source or modification
from the requirements of paragraph (m) of this section, with respect to
monitoring for a particular pollutant if:
(i) The emissions increase of the pollutant from the new source or
the net emissions increase of the pollutant from the modification would
cause, in any area, air quality impacts less than the following amounts:
Carbon monoxide--575 g/m\3\, 8-hour average;
Nitrogen dioxide--14 g/m\3\, annual average;
Particulate matter--10 g/m3 of PM-10, 24-hour
average;
Sulfur dioxide--13 g/m\3\, 24-hour average;
Ozone; \1\
---------------------------------------------------------------------------
\1\ No de minimis air quality level is provided for ozone. However,
any net increase of 100 tons per year or more of volatile organic
compounds subject to PSD would be required to perform an ambient impact
analysis including the gathering of ambient air quality data.
---------------------------------------------------------------------------
Lead--0.1 g/m\3\, 3-month average;
Mercury--0.25 g/m\3\, 24-hour average;
Beryllium--0.001 g/m\3\, 24-hour average;
Fluorides--0.25 g/m\3\, 24-hour average;
Vinyl chloride--15 g/m\3\, 24-hour average;
Total reduced sulfur--10 g/m\3\, 1-hour average;
Hydrogen sulfide--0.2 g/m\3\, 1-hour average;
Reduced sulfur compounds--10 g/m\3\, 1-hour average; or
(ii) The concentrations of the pollutant in the area that the source
or modification would affect are less than the concentrations listed in
paragraph (i)(8)(i) of this section, or the pollutant is not listed in
paragraph (i)(8)(i) of this section.
(9) The requirements for best available control technology in
paragraph (j) of this section and the requirements for air quality
analyses in paragraph (m)(1) of this section, shall not apply to a
particular stationary source or modification that was subject to 40 CFR
52.21 as in effect on June 19, 1978, if the owner or operator of the
source or modification submitted an application for a permit under those
regulations before August 7, 1980, and the Administrator subsequently
determines that the application as submitted before that date was
complete. Instead, the requirements at 40 CFR 52.21(j) and (n) as in
effect on June 19, 1978 apply to any such source or modification.
(10)(i) The requirements for air quality monitoring in paragraphs
(m)(1) (ii) through (iv) of this section shall not apply to a particular
source or modification that was subject to 40 CFR 52.21 as in effect on
June 19, 1978, if the owner or operator of the source or modification
submits an application for a permit under this section on or before June
8, 1981, and the Administrator subsequently determines that the
application as submitted before that date was complete with respect to
the requirements of this section other than those in paragraphs (m)(1)
(ii) through (iv) of this section, and with respect to the requirements
for such analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978.
Instead, the latter requirements shall apply to any such source or
modification.
(ii) The requirements for air quality monitoring in paragraphs
(m)(1) (ii) through (iv) of this section shall not
[[Page 27]]
apply to a particular source or modification that was not subject to 40
CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the
source or modification submits an application for a permit under this
section on or before June 8, 1981, and the Administrator subsequently
determines that the application as submitted before that date was
complete, except with respect to the requirements in paragraphs (m)(1)
(ii) through (iv).
(11)(i) At the discretion of the Administrator, the requirements for
air quality monitoring of PM10 in paragraphs (m)(1) (i)--(iv)
of this section may not apply to a particular source or modification
when the owner or operator of the source or modification submits an
application for a permit under this section on or before June 1, 1988
and the Administrator subsequently determines that the application as
submitted before that date was complete, except with respect to the
requirements for monitoring particulate matter in paragraphs (m)(1)
(i)--(iv).
(ii) The requirements for air quiality monitoring pf PM10
in paragraphs (m)(1), (ii) and (iv) and (m)(3) of this section shall
apply to a particular source or modification if the owner or operator of
the source or modification submits an application for a permit under
this section after June 1, 1988 and no later than December 1, 1988. The
data shall have been gathered over at least the period from February 1,
1988 to the date the application becomes otherwise complete in
accordance with the provisions set forth under paragraph (m)(1)(viii) of
this section, except that if the Administrator determines that a
complete and adequate analysis can be accomplished with monitoring data
over a shorter period (not to be less than 4 months), the data that
paragraph (m)(1)(iii) requires shall have been gathered over a shorter
period.
(12) The requirements of paragraph (k)(2) of this section shall not
apply to a stationary source or modification with respect to any maximum
allowable increase for nitrogen oxides if the owner or operator of the
source or modification submitted an application for a permit under this
section before the provisions embodying the maximum allowable increase
took effect as part of the applicable implementation plan and the
Administrator subsequently determined that the application as submitted
before that date was complete.
(13) The requirements in paragraph (k)(2) of this section shall not
apply to a stationary source or modification with respect to any maximum
allowable increase for PM-10 if (i) the owner or operator of the source
or modification submitted an application for a permit under this section
before the provisions embodying the maximum allowable increases for PM-
10 took effect in an implementation plan to which this section applies,
and (ii) the Administrator subsequently determined that the application
as submitted before that date was otherwise complete. Instead, the
requirements in paragraph (k)(2) shall apply with respect to the maximum
allowable increases for TSP as in effect on the date the application was
submitted.
(j) Control technology review. (1) A major stationary source or
major modification shall meet each applicable emissions limitation under
the State Implementation Plan and each applicable emissions standard and
standard of performance under 40 CFR parts 60 and 61.
(2) A new major stationary source shall apply best available control
technology for each pollutant subject to regulation under the Act that
it would have the potential to emit in significant amounts.
(3) A major modification shall apply best available control
technology for each pollutant subject to regulation under the Act for
which it would result in a significant net emissions increase at the
source. This requirement applies to each proposed emissions unit at
which a net emissions increase in the pollutant would occur as a result
of a physical change or change in the method of operation in the unit.
(4) For phased construction projects, the determination of best
available control technology shall be reviewed and modified as
appropriate at the latest reasonable time which occurs no later than 18
months prior to commencement of construction of each independent phase
of the project. At such time, the owner or operator of the
[[Page 28]]
applicable stationary source may be required to demonstrate the adequacy
of any previous determination of best available control technology for
the source.
(k) Source impact analysis. The owner or operator of the proposed
source or modification shall demonstrate that allowable emission
increases from the proposed source or modification, in conjunction with
all other applicable emissions increases or reductions (including
secondary emissions), would not cause or contribute to air pollution in
violation of:
(1) Any national ambient air quality standard in any air quality
control region; or
(2) Any applicable maximum allowable increase over the baseline
concentration in any area.
(l) Air quality models. (1) All estimates of ambient concentrations
required under this paragraph shall be based on applicable air quality
models, data bases, and other requirements specified in appendix W of
part 51 of this chapter (Guideline on Air Quality Models).
(2) Where an air quality model specified in appendix W of part 51 of
this chapter (Guideline on Air Quality Models) is inappropriate, the
model may be modified or another model substituted. Such a modification
or substitution of a model may be made on a case-by-case basis or, where
appropriate, on a generic basis for a specific state program. Written
approval of the Administrator must be obtained for any modification or
substitution. In addition, use of a modified or substituted model must
be subject to notice and opportunity for public comment under procedures
developed in accordance with paragraph (q) of this section.
(m) Air quality analysis--(1) Preapplication analysis. (i) Any
application for a permit under this section shall contain an analysis of
ambient air quality in the area that the major stationary source or
major modification would affect for each of the following pollutants:
(a) For the source, each pollutant that it would have the potential
to omit in a significant amount;
(b) For the modification, each pollutant for which it would result
in a significant net emissions increase.
(ii) With respect to any such pollutant for which no National
Ambient Air Quality Standard exists, the analysis shall contain such air
quality monitoring data as the Administrator determines is necessary to
assess ambient air quality for that pollutant in any area that the
emissions of that pollutant would affect.
(iii) With respect to any such pollutant (other than nonmethane
hydrocarbons) for which such a standard does exist, the analysis shall
contain continuous air quality monitoring data gathered for purposes of
determining whether emissions of that pollutant would cause or
contribute to a violation of the standard or any maximum allowable
increase.
(iv) In general, the continuous air quality monitoring data that is
required shall have been gathered over a period of at least one year and
shall represent at least the year preceding receipt of the application,
except that, if the Administrator determines that a complete and
adequate analysis can be accomplished with monitoring data gathered over
a period shorter than one year (but not to be less than four months),
the data that is required shall have been gathered over at least that
shorter period.
(v) For any application which becomes complete, except as to the
requirements of paragraphs (m)(1) (iii) and (iv) of this section,
between June 8, 1981, and February 9, 1982, the data that paragraph
(m)(1)(iii) of this section, requires shall have been gathered over at
least the period from February 9, 1981, to the date the application
becomes otherwise complete, except that:
(a) If the source or modification would have been major for that
pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any
monitoring data shall have been gathered over at least the period
required by those regulations.
(b) If the Administrator determines that a complete and adequate
analysis can be accomplished with monitoring data over a shorter period
(not to be less than four months), the data that paragraph (m)(1)(iii)
of this section, requires shall have been gathered over at least that
shorter period.
[[Page 29]]
(c) If the monitoring data would relate exclusively to ozone and
would not have been required under 40 CFR 52.21 as in effect on June 19,
1978, the Administrator may waive the otherwise applicable requirements
of this paragraph (v) to the extent that the applicant shows that the
monitoring data would be unrepresentative of air quality over a full
year.
(vi) The owner or operator of a proposed stationary source or
modification of violatile organic compounds who satisfies all conditions
of 40 CFR part 51 Appendix S, section IV may provide post-approval
monitoring data for ozone in lieu of providing preconstruction data as
requried under paragraph (m)(1) of this section.
(vii) For any application that becomes complete, except as to the
requirements of paragraphs (m)(1) (iii) and (iv) pertaining to
PM10, after December 1, 1988 and no later than August 1, 1989
the data that paragraph (m)(1)(iii) requires shall have been gathered
over at least the period from August 1, 1988 to the date the application
becomes otherwise complete, except that if the Administrator determines
that a complete and adequate analysis can be accomplished with
monitoring data over a shorter period (not to be less than 4 months),
the data that paragraph (m)(1)(iii) requires shall have been gathered
over that shorter period.
(viii) With respect to any requirements for air quality monitoring
of PM10 under paragraphs (i)(11) (i) and (ii) of this section
the owner or operator of the source or modification shall use a
monitoring method approved by the Administratorand shall estimate the
ambient concentrations of PM10 using the data collected by
such approved monitoring method in accordance with estimating procedures
approved by the Administrator.
(2) Post-construction monitoring. The owner or operator of a major
stationary source or major modification shall, after construction of the
stationary source or modification, conduct such ambient monitoring as
the Administrator determines is necessary to determine the effect
emissions from the stationary source or modification may have, or are
having, on air quality in any area.
(3) Operations of monitoring stations. The owner or operator of a
major stationary source or major modification shall meet the
requirements of Appendix B to part 58 of this chapter during the
operation of monitoring stations for purposes of satisfying paragraph
(m) of this section.
(n) Source information. The owner or operator of a proposed source
or modification shall submit all information necessary to perform any
analysis or make any determination required under this section.
(1) With respect to a source or modification to which paragraphs
(j), (l), (n) and (p) of this section apply, such information shall
include:
(i) A description of the nature, location, design capacity, and
typical operating schedule of the source or modification, including
specifications and drawings showing its design and plant layout;
(ii) A detailed schedule for construction of the source or
modification;
(iii) A detailed description as to what system of continuous
emission reduction is planned for the source or modification, emission
estimates, and any other information necessary to determine that best
available control technology would be applied.
(2) Upon request of the Administrator, the owner or operator shall
also provide information on:
(i) The air quality impact of the source or modification, including
meteorological and topographical data necessary to estimate such impact;
and
(ii) The air quality impacts, and the nature and extent of any or
all general commercial, residential, industrial, and other growth which
has occurred since August 7, 1977, in the area the source or
modification would affect.
(o) Additional impact analyses. (1) The owner or operator shall
provide an analysis of the impairment to visibility, soils and
vegetation that would occur as a result of the source or modification
and general commercial, residential, industrial and other growth
associated with the source or modification. The owner or operator need
not provide an analysis of the impact on
[[Page 30]]
vegetation having no significant commercial or recreational value.
(2) The owner or operator shall provide an analysis of the air
quality impact projected for the area as a result of general commercial,
residential, industrial and other growth associated with the source or
modification.
(3) Visibility monitoring. The Administrator may require monitoring
of visibility in any Federal class I area near the proposed new
stationary source for major modification for such purposes and by such
means as the Administrator deems necessary and appropriate.
(p) Sources impacting Federal Class I areas--additional
requirements--(1) Notice to Federal land managers. The Administrator
shall provide written notice of any permit application for a proposed
major stationary source or major modification, the emissions from which
may affect a Class I area, to the Federal land manager and the Federal
official charged with direct responsibility for management of any lands
within any such area. Such notification shall include a copy of all
information relevant to the permit application and shall be given within
30 days of receipt and at least 60 days prior to any public hearing on
the application for a permit to construct. Such notification shall
include an analysis of the proposed source's anticipated impacts on
visibility in the Federal Class I area. The Administrator shall also
provide the Federal land manager and such Federal officials with a copy
of the preliminary determination required under paragraph (q) of this
section, and shall make available to them any materials used in making
that determination, promptly after the Administrator makes such
determination. Finally, the Administrator shall also notify all affected
Federal land managers within 30 days of receipt of any advance
notification of any such permit application.
(2) Federal Land Manager. The Federal Land Manager and the Federal
official charged with direct responsibility for management of such lands
have an affirmative responsibility to protect the air quality related
values (including visibility) of such lands and to consider, in
consultation with the Administrator, whether a proposed source or
modification will have an adverse impact on such values.
(3) Visibility analysis. The Administrator shall consider any
analysis performed by the Federal land manager, provided within 30 days
of the notification required by paragraph (p)(1) of this section, that
shows that a proposed new major stationary source or major modification
may have an adverse impact on visibility in any Federal Class I area.
Where the Administrator finds that such an analysis does not demonstrate
to the satisfaction of the Administrator that an adverse impact on
visibility will result in the Federal Class I area, the Administrator
must, in the notice of public hearing on the permit application, either
explain his decision or give notice as to where the explanation can be
obtained.
(4) Denial--impact on air quality related values. The Federal Land
Manager of any such lands may demonstrate to the Administrator that the
emissions from a proposed source or modification would have an adverse
impact on the air quality-related values (including visibility) of those
lands, notwithstanding that the change in air quality resulting from
emissions from such source or modification would not cause or contribute
to concentrations which would exceed the maximum allowable increases for
a Class I area. If the Administrator concurs with such demonstration,
then he shall not issue the permit.
(5) Class I variances. The owner or operator of a proposed source or
modification may demonstrate to the Federal Land Manager that the
emissions from such source or modification would have no adverse impact
on the air quality related values of any such lands (including
visibility), notwithstanding that the change in air quality resulting
from emissions from such source or modification would cause or
contribute to concentrations which would exceed the maximum allowable
increases for a Class I area. If the Federal land manager concurs with
such demonstration and he so certifies, the State may authorize the
Administrator: Provided, That the applicable requirements of this
section are otherwise met, to issue
[[Page 31]]
the permit with such emission limitations as may be necessary to assure
that emissions of sulfur dioxide, particulate matter, and nitrogen
oxides would not exceed the following maximum allowable increases over
minor source baseline concentration for such pollutants:
------------------------------------------------------------------------
Maximum
allowable
increase
Pollutant (micrograms
per cubic
meter)
------------------------------------------------------------------------
Particulate matter:
PM-10, annual arithmetic mean.......................... 17
PM-10, 24-hr maximum................................... 30
Sulfur dioxide:
Annual arithmetic mean................................. 20
24-hr maximum.......................................... 91
3-hr maximum........................................... 325
Nitrogen dioxide:
Annual arithmetic mean................................. 25
------------------------------------------------------------------------
(6) Sulfur dioxide variance by Governor with Federal Land Manager's
concurrence. The owner or operator of a proposed source or modification
which cannot be approved under paragraph (q)(4) of this section may
demonstrate to the Governor that the source cannot be constructed by
reason of any maximum allowable increase for sulfur dioxide for a period
of twenty-four hours or less applicable to any Class I area and, in the
case of Federal mandatory Class I areas, that a variance under this
clause would not adversely affect the air quality related values of the
area (including visibility). The Governor, after consideration of the
Federal Land Manager's recommendation (if any) and subject to his
concurrence, may, after notice and public hearing, grant a variance from
such maximum allowable increase. If such variance is granted, the
Administrator shall issue a permit to such source or modification
pursuant to the requirements of paragraph (q)(7) of this section:
Provided, That the applicable requirements of this section are otherwise
met.
(7) Variance by the Governor with the President's concurrence. In
any case where the Governor recommends a variance in which the Federal
Land Manager does not concur, the recommendations of the Governor and
the Federal Land Manager shall be transmitted to the President. The
President may approve the Governor's recommendation if he finds that the
variance is in the national interest. If the variance is approved, the
Administrator shall issue a permit pursuant to the requirements of
paragraph (q)(7) of this section: Provided, That the applicable
requirements of this section are otherwise met.
(8) Emission limitations for Presidential or gubernatorial variance.
In the case of a permit issued pursuant to paragraph (q) (5) or (6) of
this section the source or modification shall comply with such emission
limitations as may be necessary to assure that emissions of sulfur
dioxide from the source or modification would not (during any day on
which the otherwise applicable maximum allowable increases are exceeded)
cause or contribute to concentrations which would exceed the following
maximum allowable increases over the baseline concentration and to
assure that such emissions would not cause or contribute to
concentrations which exceed the otherwise applicable maximum allowable
increases for periods of exposure of 24 hours or less for more than 18
days, not necessarily consecutive, during any annual period:
Maximum Allowable Increase
[Micrograms per cubic meter]
------------------------------------------------------------------------
Terrain areas
Period of exposure -------------------
Low High
------------------------------------------------------------------------
24-hr maximum....................................... 36 62
3-hr maximum........................................ 130 221
------------------------------------------------------------------------
(q) Public participation. The Administrator shall follow the
applicable procedures of 40 CFR part 124 in processing applications
under this section. The Administrator shall follow the procedures at 40
CFR 52.21(r) as in effect on June 19, 1979, to the extent that the
procedures of 40 CFR part 124 do not apply.
(r) Source obligation. (1) Any owner or operator who constructs or
operates a source or modification not in accordance with the application
submitted pursuant to this section or with the terms of any approval to
construct, or any owner or operator of a source or modification subject
to this section who commences construction after the effective date of
these regulations
[[Page 32]]
without applying for and receiving approval hereunder, shall be subject
to appropriate enforcement action.
(2) Approval to construct shall become invalid if construction is
not commenced within 18 months after receipt of such approval, if
construction is discontinued for a period of 18 months or more, or if
construction is not completed within a reasonable time. The
Administrator may extend the 18-month period upon a satisfactory showing
that an extension is justified. This provision does not apply to the
time period between construction of the approved phases of a phased
construction project; each phase must commence construction within 18
months of the projected and approved commencement date.
(3) Approval to construct shall not relieve any owner or operator of
the responsibility to comply fully with applicable provisions of the
State implementation plan and any other requirements under local, State,
or Federal law.
(4) At such time that a particular source or modification becomes a
major stationary source or major modification solely by virtue of a
relaxation in any enforceable limitation which was established after
August 7, 1980, on the capacity of the source or modification otherwise
to emit a pollutant, such as a restriction on hours of operation, then
the requirements or paragraphs (j) through (s) of this section shall
apply to the source or modification as though construction had not yet
commenced on the source or modification.
(s) Environmental impact statements. Whenever any proposed source or
modification is subject to action by a Federal Agency which might
necessitate preparation of an environmental impact statement pursuant to
the National Environmental Policy Act (42 U.S.C. 4321), review by the
Administrator conducted pursuant to this section shall be coordinated
with the broad environmental reviews under that Act and under section
309 of the Clean Air Act to the maximum extent feasible and reasonable.
(t) Disputed permits or redesignations. If any State affected by the
redesignation of an area by an Indian Governing Body, or any Indian
Governing Body of a tribe affected by the redesignation of an area by a
State, disagrees with such redesignation, or if a permit is proposed to
be issued for any major stationary source or major modification proposed
for construction in any State which the Governor of an affected State or
Indian Governing Body of an affected tribe determines will cause or
contribute to a cumulative change in air quality in excess of that
allowed in this part within the affected State or Indian Reservation,
the Governor or Indian Governing Body may request the Administrator to
enter into negotiations with the parties involved to resolve such
dispute. If requested by any State or Indian Governing Body involved,
the Administrator shall make a recommendation to resolve the dispute and
protect the air quality related values of the lands involved. If the
parties involved do not reach agreement, the Administrator shall resolve
the dispute and his determination, or the results of agreements reached
through other means, shall become part of the applicable State
implementation plan and shall be enforceable as part of such plan. In
resolving such disputes relating to area redesignation, the
Administrator shall consider the extent to which the lands involved are
of sufficient size to allow effective air quality management or have air
quality related values of such an area.
(u) Delegation of authority. (1) The Administrator shall have the
authority to delegate his responsibility for conducting source review
pursuant to this section, in accordance with paragraphs (v) (2) and (3)
of this section.
(2) Where the Administrator delegates the responsibility for
conducting source review under this section to any agency other than a
Regional Office of the Environmental Protection Agency, the following
provisions shall apply:
(i) Where the delegate agency is not an air pollution control
agency, it shall consult with the appropriate State and local air
pollution control agency prior to making any determination under this
section. Similarly, where the delegate agency does not have continuing
responsibility for managing land use, it shall consult with the
appropriate
[[Page 33]]
State and local agency primarily responsible for managing land use prior
to making any determination under this section.
(ii) The delegate agency shall send a copy of any public comment
notice required under paragraph (r) of this section to the Administrator
through the appropriate Regional Office.
(3) The Administrator's authority for reviewing a source or
modification located on an Indian Reservation shall not be redelegated
other than to a Regional Office of the Environmental Protection Agency,
except where the State has assumed jurisdiction over such land under
other laws. Where the State has assumed such jurisdiction, the
Administrator may delegate his authority to the States in accordance
with paragraph (v)(2) of this section.
(4) In the case of a source or modification which proposes to
construct in a class III area, emissions from which would cause or
contribute to air quality exceeding the maximum allowable increase
applicable if the area were designated a class II area, and where no
standard under section 111 of the act has been promulgated for such
source category, the Administrator must approve the determination of
best available control technology as set forth in the permit.
(v) Innovative control technology. (1) An owner or operator of a
proposed major stationary source or major modification may request the
Administrator in writing no later than the close of the comment period
under 40 CFR 124.10 to approve a system of innovative control
technology.
(2) The Administrator shall, with the consent of the governor(s) of
the affected state(s), determine that the source or modification may
employ a system of innovative control technology, if: --
(i) The proposed control system would not cause or contribute to an
unreasonable risk to public health, welfare, or safety in its operation
or function;
(ii) The owner or operator agrees to achieve a level of continuous
emissions reduction equivalent to that which would have been required
under paragraph (j)(2) of this section, by a date specified by the
Administrator. Such date shall not be later than 4 years from the time
of startup or 7 years from permit issuance;
(iii) The source or modification would meet the requirements of
paragraphs (j) and (k) of this section, based on the emissions rate that
the stationary source employing the system of innovative control
technology would be required to meet on the date specified by the
Administrator;
(iv) The source or modification would not before the date specified
by the Administrator:
(a) Cause or contribute to a violation of an applicable national
ambient air quality standard; or
(b) Impact any area where an applicable increment is known to be
violated; and
(v) All other applicable requirements including those for public
participation have been met.
(vi) The provisions of paragraph (p) of this section (relating to
Class I areas) have been satisfied with respect to all periods during
the life of the source or modification.
(3) The Administrator shall withdraw any approval to employ a system
of innovative control technology made under this section, if:
(i) The proposed system fails by the specified date to achieve the
required continuous emissions reduction rate; or
(ii) The proposed system fails before the specified date so as to
contribute to an unreasonable risk to public health, welfare, or safety;
or
(iii) The Administrator decides at any time that the proposed system
is unlikely to achieve the required level of control or to protect the
public health, welfare, or safety.
(4) If a source or modification fails to meet the required level of
continuous emission reduction within the specified time period or the
approval is withdrawn in accordance with paragraph (v)(3) of this
section, the Administrator may allow the source or modification up to an
additional 3 years to meet the requirement for the application of best
available control technology through use of a demonstrated system of
control.
(w) Permit rescission. (1) Any permit issued under this section or a
prior
[[Page 34]]
version of this section shall remain in effect, unless and until it
expires under paragraph (s) of this section or is rescinded.
(2) Any owner or operator of a stationary source or modification who
holds a permit for the source or modification which was issued under 40
CFR 52.21 as in effect on July 30, 1987, or any earlier version of this
section, may request that the Administrator rescind the permit or a
particular portion of the permit.
(3) The Administrator shall grant an application for rescission if
the application shows that this section would not apply to the source or
modification.
(4) If the Administrator rescinds a permit under this paragraph, the
public shall be given adequate notice of the rescission. Publication of
an announcement of rescission in a newspaper of general circulation in
the affected region within 60 days of the rescission shall be considered
adequate notice.
[43 FR 26403, June 19, 1978]
Editorial Note: For Federal Register citations affecting Sec. 52.21,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
Sec. 52.23 Violation and enforcement.
Failure to comply with any provisions of this part, or with any
approved regulatory provision of a State implementation plan, or with
any permit condition or permit denial issued pursuant to approved or
promulgated regulations for the review of new or modified stationary or
indirect sources, or with any permit limitation or condition contained
within an operating permit issued under an EPA-approved program that is
incorporated into the State implementation plan, shall render the person
or governmental entity so failing to comply in violation of a
requirement of an applicable implementation plan and subject to
enforcement action under section 113 of the Clean Air Act. With regard
to compliance schedules, a person or Governmental entity will be
considered to have failed to comply with the requirements of this part
if it fails to timely submit any required compliance schedule, if the
compliance schedule when submitted does not contain each of the elements
it is required to contain, or if the person or Governmental entity fails
to comply with such schedule.
[39 FR 33512, Sept. 18, 1974, as amended at 54 FR 27285, June 28, 1989]
Sec. 52.24 Statutory restriction on new sources.
(a) After June 30, 1979, no major stationary source shall be
constructed or modified in any nonattainment area as designated in 40
CFR part 81, subpart C (``nonattainment area'') to which any State
implementation plan applies, if the emissions from suy will cause or
contribute to concentrations of any pollutant for which a national
ambient air quality standard is exceeded in such area, unless, as of the
time of application for a permit for such construction, such plan meets
the requirements of Part D, Title I, of the Clean Air Act, as amended
(42 U.S.C. 7501 et seq.) (``Part D''). This section shall not apply to
any nonattainment area once EPA has fully approved the State
implementation plan for the area as meeting the requirements of Part D.
(b) For any nonattainment area for which the SIP satisfies the
requirements of Part D, permits to construct and operate new or modified
major stationary sources may be issued only if the applicable SIP is
being carried out for the nonattainment area in which the proposed
source is to be constructed or modified in accordance with the
requirements of Part D.
(c) The Emission Offset Interpretative Ruling, 40 CFR part 51,
Appendix S (``Offset Ruling''), rather than paragraphs (a) and (b),
governs permits to construct and operate applied for before the deadline
for having a revised SIP in effect that satisfies Part D. This deadline
is July 1, 1979, for areas designated as nonattainment on March 3, 1978
(42 FR 8962). The revised SIP, rather than paragraph (a) of this
section, governs permits applied for during a period when the revised
SIP is in compliance with Part D.
(d) The restrictions in paragraphs (a) and (b) apply only to major
stationary sources of emissions that cause or contribute to
concentrations of the pollutant for which the nonattainment area was
designated as nonattainment, and
[[Page 35]]
for which the SIP does not meet the requirements of Part D or is not
being carried out in accordance with the requirements of Part D.
(e) For any area designated as nonattainment for any national
ambient air quality standard, the restrictions in paragraphs (a) and (b)
of this section, shall apply to any major stationary source or major
modification that would be major for the pollutant for which the area is
designated nonattainment, if the stationary source or major modification
would be constructed anywhere in the designated nonattainment areas. A
major stationary source or major modification that is major for volatile
organic compounds is also major for ozone.
(f) The following definitions shall apply under this section.
(1) Stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant subject to
regulation under the Act.
(2) Building, structure, facility or installation means all of the
pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties,
and are under the control of the same person (or persons under common
control) except the activities of any vessel. Pollutant-emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same ``Major Group'' (i.e., which have the same
two-digit code) as described in the following document, Standard
Industrial Classification Manual, 1972, as amended by the 1977
Supplement (U.S. Government Printing Office stock numbers 4101-0066 and
003-005-00176-0, respectively).
(3) Potential to emit means the maximum capacity of a stationary
source to emit a pollutant under its physical and operational design.
Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment and
restrictions on hours of operation or on amount of material combusted,
stored, or processed, shall be treated as part of its design only if the
limitation or the effect it would have on emissions is federally
enforceable. Secondary emissions do not count in determining the
potential to emit of a stationary source.
(4)(i) Major stationary source means:
(a) Any stationary source of air pollutants which emits, or has the
potential to emit, 100 tons per year or more of any pollutant subject to
regulation under the Act; or
(b) Any physical change that would occur at a stationary source not
qualifying under paragraph (f)(5)(i)(a) of this section, as a major
stationary source, if the change would constitute a major stationary
source by itself.
(ii) A major stationary source that is major for volatile organic
compounds shall be considered major for ozone.
(iii) The fugitive emissions of a stationary source shall not be
included in determining for any of the purposes of this section whether
it is a major stationary source, unless the source belongs to one of the
following categories of stationary sources:
(a) Coal cleaning plants (with thermal dryers);
(b) Kraft pulp mills;
(c) Portland cement plants;
(d) Primary zinc smelters;
(e) Iron and steel mills;
(f) Primary aluminum ore reduction plants;
(g) Primary copper smelters;
(h) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(i) Hydrofluoric, sulfuric, or nitric acid plants;
(j) Petroleum refineries;
(k) Lime plants;
(l) Phosphate rock processing plants;
(m) Coke oven batteries;
(n) Sulfur recovery plants;
(o) Carbon black plants (furnace process);
(p) Primary lead smelters;
(q) Fuel conversion plants;
(r) Sintering plants;
(s) Secondary metal production plants;
(t) Chemical process plants;
(u) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(v) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(w) Taconite ore processing plants;
[[Page 36]]
(x) Glass fiber processing plants;
(y) Charcoal production plants;
(z) Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input;
(aa) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
(5)(i) Major modification means any physical change in or change in
the method of operation of a major stationary source that would result
in a significant net emissions increase of any pollutant subject to
regulation under the Act.
(ii) Any net emissions increase that is considered significant for
volatile organic compounds shall be considered significant for ozone.
(iii) A physical change or change in the method of operation shall
not include:
(a) Routine maintenance, repair, and replacement;
(b) Use of an alternative fuel or raw material by reason of an order
under sections 2 (a) and (b) of the Energy Supply and Environmental
Coordination Act of 1974 (or any superseding legislation) or by reason
of a natural gas curtailment plan pursuant to the Federal Power Act;
(c) Use of an alternative fuel by reason of an order or rule under
section 125 of the Act;
(d) Use of an alternative fuel at a steam generating unit to the
extent that the fuel is generated from municipal solid waste;
(e) Use of an alternative fuel or raw material by a stationary
source which:
(1) The source was capable of accommodating before July 1, 1979,
unless such change would be prohibited under any federally enforceable
permit condition which was established after July 1, 1979 pursuant to 40
CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or
40 CFR 51.166; or
(2) The source is approved to use under any permit issued under
regulations approved pursuant to 40 CFR subpart I;
(f) An increase in the hours of operation or in the production rate,
unless such change is prohibited under any federally enforceable permit
condition which was established after July 1, 1979 pursuant to 40 CFR
52.21 or under regulations approved pursuant to 40 CFR subpart I or 40
CFR 51.166.
(g) Any change in ownership at a stationary source.
(h) The addition, replacement or use of a pollution control project
at an existing electric utility steam generating unit, unless the
Administrator determines that such addition, replacement, or use renders
the unit less environmentally beneficial, or except:
(1) When the Administrator has reason to believe that the pollution
control project would reslt in a significant net increase in
representative actual annual emissions of any criteria pollutant over
levels used for that source in the most recent air quality impact
analysis in the area conducted for the purpose of title I, if any, and
(2) The Administrator determines that the increase will cause or
contribute to a violation of any national ambient air quality standard
or PSD increment, or visibility limitation.
(i) The installation, operation, cessation, or removal of a
temporary clean coal technology demonstration project, provided that the
project complies with:
(1) The State implementation plan for the State in which the project
is located, and
(2) Other requirements necessary to attain and maintain the national
ambient air quality standards during the project and after it is
terminated.
(6)(i) Net emissions increase means the amount by which the sum of
the following exceeds zero:
(a) Any increase in actual emissions from a particular physical
change or change in the method of operation at a stationary source; and
(b) Any other increases and decreases in actual emissions at the
source that are contemporaneous with the particular change and are
otherwise creditable.
(ii) An increase or decrease in actual emissions is contemporaneous
with the increase from the particular change only if it occurs between:
(a) The date five years before construction on the particular change
commences and
(b) The date that the increase from the particular change occurs.
[[Page 37]]
(iii) An increase or decrease in actual emissions is creditable only
if the Administrator has not relied on it in issuing a permit for the
source under regulations approved pursuant to 40 CFR subpart I which
permit is in effect when the increase in actual emissions from the
particular change occurs.
(iv) An increase in actual emissions is creditabletime. only to the
extent that the new level of actual emissions exceeds the old level.
(v) A decrease in actual emissions is creditable only to the extent
that:
(a) The old level of actual emissions or the old level of allowable
emissions, whichever is lower, exceeds the new level of actual
emissions;
(b) It is federally enforceable at and after the time that
construction on the particular change begins; and
(c) The Administrator or reviewing authority has not relied on it in
issuing any permit under regulations approved pursuant to 40 CFR subpart
I or the State has not relied on it in demonstrating attainment or
reasonable further progress.
(d) It has approximately the same qualitative significance for
public health and welfare as that attributed to the increase from the
particular change.
(vi) An increase that results from a physical change at a source
occurs when the emissions unit on which construction occurred becomes
operational and begins to emit a particular pollutant. Any replacement
unit that requires shakedown becomes operational only after a reasonable
shakedown period, not to exceed 180 days.
(7) Emissions unit means any part of a stationary source which emits
or would have the potential to emit any pollutant subject to regulation
under the Act.
(8) Secondary emissions means emissions which would occur as a
result of the construction or operation of a major stationary source or
major modification, but do not come from the major stationary source or
major modification itself. For the purpose of this section, secondary
emissions must be specific, well defined, quantifiable, and impact the
same general area as the stationary source or modification which causes
the secondary emissions. Secondary emissions include emissions from any
offsite support facility which would otherwise not be constructed or
increase its emissions except as a result of the construction or
operation of the major stationary source or major modification.
Secondary emissions do not include any emissions which come directly
from a mobile source, such as emissions from the tailpipe of a motor
vehicle, from a train, or from a vessel.
(9) Fugitive emissions means those emissions which could not
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
(10) Significant means, in reference to a net emissions increase or
the potential of a source to emit any of the following pollutants, a
rate of emissions that would equal or exceed any of the following rates:
Pollutant and Emissions Rate
Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
Ozone: 40 tpy of volatile organic compounds
Lead: 0.6 tpy
(11) Allowable emissions means the emissions rate of a stationary
source calculated using the maximum rated capacity of the source (unless
the source is subject to federally enforceable limits which restrict the
operating rate, or hours of operation, or both) and the most stringent
of the following:
(i) The applicable standards set forth in 40 CFR parts 60 and 61;
(ii) Any applicable State Implementation Plan emissions limitation,
including those with a future compliance date; or
(iii) The emissions rate specified as a federally enforceable permit
condition, including those with a future compliance date.
(12) Federally enforceable means all limitations and conditions
which are enforceable by the Administrator, including those requirements
developed pursuant to 40 CFR parts 60 and 61, requirements within any
applicable State implementation plan, any permit requirements
established pursuant to 40 CFR 52.21 or under regulations approved
pursuant to 40 CFR part 51, subpart I, including operating permits
issued under an EPA-approved program
[[Page 38]]
that is incorporated into the State implementation plan and expressly
requires adherence to any permit issued under such program.
(13)(i) Actual emissions means the actual rate of emissions of a
pollutant from an emissions unit, as determined in accordance with
paragraphs (f) (ii) through (iv) of this section.
(ii) In general, actual emissions as of a particular date shall
equal the average rate, in tons per year, at which the unit actually
emitted the pollutant during a two-year period which precedes the
particular date and which is representative of normal source operation.
The Administrator shall allow the use of a different time period upon a
determination that it is more representative of normal source operation.
Actual emissions shall be calculated using the unit's actual operating
hours, production rates, and types of materials processed, stored, or
combusted during the selected time period.
(iii) The Administrator may presume that source-specific allowable
emissions for the unit are equivalent to the actual emissions of the
unit.
(iv) For any emissions unit (other than an electric utility steam
generating unit specified in paragraph (f)(13)(v) of this section) which
has not begun normal operations on the particular date, actual emissions
shall equal the potential to emit of the unit on that date.
(v) For an electric utility steam generating unit (other than a new
unit or the replacement of an existing unit) actual emissions of the
unit following the physical or operational change shall equal the
representative actual annual emissions of the unit, provided the source
owner or operator maintains and submits to the Administrator, on an
annual basis for a period of 5 years from the date the unit resumes
regular operation, information demonstrating that the physical or
operational change did not result in an emissions increase. A longer
period, not to exceed 10 years, may be required by the Administrator if
he determines such a period to be more representative of normal source
post-change operations.
(14) Construction means any physical change or change in the method
of operation (including fabrication, erection, installation, demolition,
or modification) of an emissions unit which would result in a change in
actual emissions.
(15) Commence as applied to construction of a major stationary
source or major modification means that the owner or operator has all
necessary preconstruction approvals or permits and either has:
(i) Begun, or caused to begin, a continuous program of actual on-
site construction of the source, to be completed within a reasonable
time; or
(ii) Entered into binding agreements or contractual obligations,
which cannot be cancelled or modified without substantial loss to the
owner or operator, to undertake a program of actual construction of the
source to be completed within a reasonable time.
(16) Necessary preconstruction approvals or permits means those
permits or approvals required under federal air quality control laws and
regulations and those air quality control laws and regulations which are
part of the applicable State Implementation Plan.
(17) Begin actual construction means, in general, initiation of
physical on-site construction activities on an emissions unit which are
of a permanent nature. Such activities include, but are not limited to,
installation of building supports and foundations, laying of underground
pipework, and construction of permanent storage structures. With respect
to a change in method of operations, this term refers to those on-site
activities other than preparatory activities which mark the initiation
of change.
(18) Volatile organic compounds (VOC) is as defined in
Sec. 51.100(s) of this chapter.
(19) Electric utility steam generating unit means any steam electric
generating unit that is constructed for the purpose of supplying more
than one-third of its potential electric output capacity and more than
25 MW electrical output to any utility power distribution system for
sale. Any steam supplied to a steam distribution system for the purpose
of providing steam to a steam-electric generator that would produce
electrical energy for sale is also considered in determining
[[Page 39]]
the electrical energy output capacity of the affected facility.
(20) Representative actual annual emissions means the average rate,
in tons per year, at which the source is projected to emit a pollutant
for the two-year period after a physical change or change in the method
of operation of a unit, (or a different consecutive two-year period
within 10 years after that change, where the Administrator determines
that such period is more representative of normal source operations),
considering the effect any such change will have on increasing or
decreasing the hourly emissions rate and on projected capacity
utilization. In projecting future emissions the Administrator shall:
(i) Consider-all relevant information, including but not limited to,
historical operational data, the company's own representations, filings
with the State or Federal regulatory authorities, and compliance plans
under title IV of the Clean Air Act; and
(ii) Exclude, in calculating any increase in emissions that results
from the particular physical change or change in the method of operation
at an electric utility steam generating unit, that portion of the unit's
emissions following the change that could have been accommodated during
the representative baseline period and is attributable to an increase in
projected capacity utilization at the unit that is unrelated to the
particular change, including any increased utilization due to the rate
of electricity demand growth for the utility system as a whole.
(21) Temporary clean coal technology demonstration project means a
clean coal technology demonstration project that is operated for a
period of 5 years or less, and which complies with the State
implementation plans for the State in which the project is located and
other requirements necessary to attain and maintain the national ambient
air quality standards during the project and after it is terminated.
(22) Clean coal technology means any technology, including
technologies applied at the precombustion, combustion, or post
combustion stage, at a new or existing facility which will achieve
significant reductions in air emissions of sulfur dioxide or oxides of
nitrogen associated with the utilization of coal in the generation of
electricity, or process steam which was not in widespread use as of
November 15, 1990.
(23) Clean coal technology demonstration project means a project
using funds appropriated under the heading `Department of Energy-Clean
Coal Technology', up to a total amount of $2,500,000,000 for commercial
demonstration of clean coal technology, or similar projects funded
through appropriations for the Environmental Protection Agency. The
Federal contribution for a qualifying project shall be at least 20
percent of the total cost of the demonstration project.
(24) Pollution control project means any activity or project
undertaken at an existing electric utility steam generating unit for
purposes of reducing emissions from such unit. Such activities or
projects are limited to:
(i) The installation of conventional or innovative pollution control
technology, including but not limited to advanced flue gas
desulfurization, sorbent injection for sulfur dioxide and nitrogen
oxides controls and electrostatic precipitators;
(ii) An activity or project to accommodate switching to a fuel which
is less polluting than the fuel in use prior to the activity or project
including, but not limited to natural gas or coal re-burning, co-firing
of natural gas and other fuels for the purpose of controlling emissions;
(iii) A permanent clean coal technology demonstration project
conducted under title II, section 101(d) of the Further Continuing
Appropriations Act of 1985 (section 5903(d) of title 42 of the United
States Code), or subsequent appropriations, up to a total amount of
$2,500,000,000 for commercial demonstration of clean coal technology, or
similar projects funded through appropriations for the Environmental
Protection Agency; or
(iv) A permanent clean coal technology demonstration project that
constitutes a repowering project.
(g) This section shall not apply to a major stationary source or
major modification if the source or modification was not subject to 40
CFR part 51
[[Page 40]]
Appendix S, as in effect on January 16, 1979, and the owner or operator:
(1) Obtained all final Federal, state, and local preconstruction
approvals or permits necessary under the applicable State Implementation
Plan before August 7, 1980;
(2) Commenced construction within 18 months from August 7, 1980, or
any earlier time required under the applicable State Implementation
Plan; and
(3) Did not discontinue construction for a period of 18 months or
more and completed construction within a reasonable time.
(h) This section shall not apply to a source or modification that
would be a major stationary source or major modification only if
fugitive emissions, to the extent quantifiable, are considered in
calculating the potential to emit of the stationary source or
modification and the source does not belong to any of the following
categories:
(1) Coal cleaning plants (with thermal dryers);
(2) Kraft pulp mills;
(3) Portland cement plants;
(4) Primary zinc smelters;
(5) Iron and steel mills;
(6) Primary aluminum ore reduction plants;
(7) Primary copper smelters;
(8) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(9) Hydrofluoric, sulfuric, or nitric acid plants;
(10) Petroleum refineries;
(11) Lime plants;
(12) Phosphate rock processing plants;
(13) Coke oven batteries;
(14) Sulfur recovery plants;
(15) Carbon black plants (furnace process);
(16) Primary lead smelters;
(17) Fuel conversion plants;
(18) Sintering plants;
(19) Secondary metal production plants;
(20) Chemical process plants;
(21) Fossil-fuel boilers (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(22) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(23) Taconite ore processing plants;
(24) Glass fiber processing plants;
(25) Charcoal production plants;
(26) Fossil fuel-fired steam electric plants of more than 250
million British thermal units per hour heat input;
(27) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act.
(i) At such time that a particular source or modification becomes a
major stationary source or major modification solely by virtue of a
relaxation in any enforceable limitation which was established after
August 7, 1980, on the capacity of the source or modification otherwise
to emit a pollutant, such as a restriction on hours of operation, then:
(1) If the construction moratorium imposed pursuant to this section
is still in effect for the nonattainment area in which the source or
modification is located, then the permit may not be so revised; or
(2) If the construction moratorium is no longer in effect in that
area, then the requirements of 40 CFR 51.165(a) shall apply to the
source or modification as though construction had not yet commenced on
the source or modification.
(j) This section does not apply to major stationary sources or major
modifications locating in a clearly defined part of a nonattainment area
(such as a political subdivision of a State), where EPA finds that a
plan which meets the requirements of Part D is in effect and is being
implemented in that part.
(k) For an area designated as nonattainment after July 1, 1979, the
restrictions in paragraphs (a) and (b) of this section shall not apply
prior to eighteen months after the date the area is designated as
nonattainment. The Offset Ruling shall govern permits to construct and
operate applied for during the period between the date of designation as
nonattainment and either the date the Part D plan is approved or the
date the restrictions in paragraphs (a) and (b) of this section apply,
whichever is earlier.
[44 FR 38473, July 2, 1979]
Editorial Note: For Federal Register citations affecting Sec. 52.24,
see the List of CFR
[[Page 41]]
Sections Affected, which appears in the Finding Aids section of the
printed volume and on GPO Access.
Sec. 52.26 Visibility monitoring strategy.
(a) Plan Disapprovals. The provisions of this section are applicable
to any State implementation plan which has been disapproved with respect
to visibility monitoring. Specific disapprovals are listed where
applicable in Subparts B through DD of this part. The provisions of this
section have been incorporated by reference into the applicable
implementation plan for various States, as provided in Subparts B
through DDD of this part.
(b) Definitions. For the purposes of this section:
(1) Visibility protection area means any area listed in 40 CFR
81.401-81.436 (1984).
(2) All other terms shall have the meaning ascribed to them in the
Clean Air Act, or in the protection of visibility program (40 CFR
51.301), all as in effect on July 12, 1985.
(c) Monitoring Requirements. (1) The Administrator, in cooperation
with the appropriate Federal land manager, shall monitor visibility
within each visibility protection area in any State whose State
implementation plan is subject to a disapproval for failure to satisfy
40 CFR 51.305 (1984).
(2) The Administrator, in monitoring visibility within each such
area, shall determine both background visibility conditions and
reasonably attributable visibility impairment caused by a source or
small group of sources for that area. The extent and the form of
monitoring shall be sufficient for use in determining the potential
effects of a new stationary source on visibility in the area, the
stationary source or sources that are causing any visibility impairment,
and progress toward remedying that impairment.
(3) The Administrator shall use the following as appropriate to
monitor visibility within each such area: (i) photographic cameras, (ii)
fine particulate matter samplers, (iii) teleradiometers, (iv)
nephelometers, (v) human observation, or (vi) other appropriate
technology.
(4) The Administrator, in cooperation with the Federal land
managers, shall prepare monitoring plans that describe, to the maximum
extent practicable, the methods and instruments of data collection, the
monitoring locations and frequencies, the implementation schedule, the
quality assurance procedures, and the methods of data reporting that the
Administrator will use for each area. The Administrator shall make these
plans available to the public.
(5) The Administrator shall establish a central repository of
monitoring data that includes any data on background visibility
conditions and reasonably attributable impairment that the Administrator
collects under this section and that the Federal land manager may
collect or may have collected independently. These data shall be
available to any person, subject to reasonable charges for copying.
(d) Monitoring Plan Revision. (1) The Administrator shall review the
monitoring plan annually for each visibility protection area, revise it
as necessary, and include an assessment of changes to visibility
conditions since the last review. The Administrator shall make all plan
revisions available to the public.
(2) Any person may make a request to the Administrator, at any time,
for a revision to a monitoring plan. The Administrator shall respond to
any such request within one year.
(e) Delegation. The Administrator may delegate, with respect to a
particular visibility protection area, any of his functions under this
section to any State or local air pollution control agency of any State
whose boundaries encompass that area or to any Federal land manager with
jurisdiction over the area.
[50 FR 28550, July 12, 1985]
Sec. 52.27 Protection of visibility from sources in attainment areas.
(a) Plan disapproval. The provisions of this section are applicable
to any State implementation plan which has been disapproved with respect
to protection of visibility, in mandatory Class I Federal areas, from
sources emitting pollutants in any portion of any State where the
existing air quality is better than the national ambient air quality
standards for such pollutants, and where a State PSD program has been
[[Page 42]]
approved as part of the applicable SIP pursuant to 40 CFR 51.24.
Specific disapprovals are listed where applicable in Subparts B through
DDD of this part. The provisions of this section have been incorporated
by reference into the applicable implementation plans for various
States, as provided in Subparts B through DDD of this part.
(b) Definitions. For purposes of this section, all terms shall have
the meaning ascribed to them in the Clean Air Act, in the prevention of
significant deterioration (PSD) program approved as part of the
applicable SIP pursuant to 40 CFR 51.24 for the State, or in the
protection of visibility program (40 CFR 51.301), all as in effect on
July 12, 1985.
(c) Federal visibility analysis. Any person shall have the right, in
connection with any application for a permit to construct a major
stationary source or major modification, to request that the
administrator take responsibility from the State for conducting the
required review of a proposed source's impact on visibility in any
Fedral Class I area. If requested, the Administrator shall take such
responsibility and conduct such review pursuant to paragraphs (e), (f)
and (g) of this section in any case where the State fails to provide all
of the procedural steps listed in paragraph (d) of this section. A
request pursuant to this paragraph must be made within 60 days of the
notice soliciting public comment on a permit, unless such notice is not
properly given. The Administrator will not entertain requests
challenging the substance of any State action concerning visibility
where the State has provided all of the procedural steps listed in
paragraph (d) of this section.
(d) Procedural steps in visibility review. (1) The reviewing
authority must provide written notification to all affected Federal land
managers of any permit application for any proposed new major stationary
source or major modification that may affect visibility in any Federal
Class I area. Such notification shall include a copy of all information
relevant to the permit application and shall be given within 30 days of
receipt and at least 60 days prior to any public hearing on the
application for a permit to construct. Such notification shall include
the proposed source's anticipated impacts on visibility in any Federal
Class I area as provided by the applicant. Notification must also be
given to all affected Federal land managers within 30 days of receipt of
any advance notification of any such permit application.
(2) The reviewing authority must consider any analysis performed by
the Federal land managers, provided within 30 days of the notification
required by paragraph (d)(1) of this section, that shows that such
proposed new major stationary source or major modification may have:
(i) An adverse impact on visibility in any Federal Class I area, or
(ii) An adverse impact on visibility in an integral vista codified
in part 81 of this title.
(3) Where the reviewing authority finds that such an analysis does
not demonstrate that the effect in paragraphs (d)(2) (i) or (ii) of this
section will occur, either an explanation of its decision or
notification as to where the explanation can be obtained must be
included in the notice of public hearing.
(4) Where the reviewing authority finds that such an analysis does
demonstrate that the effect in paragraph (d)(2)(i) of this section will
occur, the permit shall not be issued.
(5) Where the reviewing authority finds that such an analysis does
demonstrate that the effect in paragraph (d)(2)(ii) of this section will
occur, the reviewing authority may issue a permit if the emissions from
the source or modification will be consistent with reasonable progress
toward the national goal. In making this decision, the reviewing
authority may take into account the costs of compliance, the time
necessary for compliance, the energy and nonair quality environmental
impacts of compliance, and the useful life of the source.
(e) Federal land manager notification. The Administrator shall
provide all of the procedural steps listed in paragraph (d) of this
section in conducting reviews pursuant to this section.
(f) Monitoring. The Administrator may require monitoring of
visibility in any Federal Class I area near the proposed new stationary
source or major
[[Page 43]]
modification for such purposes and by such means as the Administrator
deems necessary and appropriate.
(g) Public participation. The Administrator shall follow the
applicable procedures at 40 CFR part 124 in conducting reviews under
this section. The Administrator shall follow the procedures at 40 CFR
52.21(q) as in effect on August 7, 1980, to the extent that the
procedures of 40 CFR part 124 do not apply.
(h) Federal permit. In any case where the Administrator has made a
finding that a State consistently fails or is unable to provide the
procedural steps listed in paragraph (d) of this section, the
Administrator shall require all prospective permit applicants in such
State to apply directly to the Administrator, and the Administrator
shall conduct a visibility review pursuant to this section for all
permit applications.
[50 FR 28551, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.28 Protection of visibility from sources in nonattainment
areas.
(a) Plan disapproval. The provisions of this section are applicable
to any State implementation plan which has been disapproved with respect
to protection of visibility, in mandatory Class I Federal areas where
visibility is considered an important value, from sources emitting
pollutants in any portion of any State where the existing air quality is
not in compliance with the national ambient air quality standards for
such pollutants. Specific disapprovals are listed where applicable in
Subparts B through DDD of this part. The provisions of this section have
been incorporated into the applicable implementation plans for various
States, as provided in Subparts B through DDD of this part.
(b) Definitions. For the purposes of this section:
(1) Visibility protection area means any area listed in 40 CFR
81.401-81.436 (1984).
(2) All other terms shall have the meaning ascribed to them in the
protection of visibility program (40 CFR 51.301) or the prevention of
significant deterioration (PSD) program either approved as part of the
applicable SIP pursuant to 40 CFR 51.24 or in effect for the applicable
SIP pursuant to 40 CFR 52.21, all as in effect on July 12, 1985.
(c) Review of major stationary sources and major modifications--
source applicability and exemptions. (1) No stationary source or
modification to which the requirements of this section apply shall begin
actual construction without a permit which states that the stationary
source or modification would meet those requirements. The Administrator
has sole authority to issue any such permit unless the authority has
been delegated pursuant to paragraph (i) of this section.
(2) The requirements of this section shall apply to construction of
any new major stationary source or major modification that would both be
constructed in an area classified as nonattainment under section
107(d)(1)(A), (B) or (C) of the Clean Air Act and potentially have an
impact on visibility in any visibility proctection area.
(3) The requirements of this section shall apply to any such major
stationary source and any such major modification with respect to each
pollutant subject to regulation under the Clean Air Act that it would
emit, except as this section otherwise provides.
(4) The requirements of this section shall not apply to a particular
major stationary source or major modification, if:
(i) The source or modification would be a nonprofit health or
nonprofit educational institution, or a major modification would occur
at such an institution, and the governor of the State in which the
source or modification would be located requests that it be exempt from
those requirements; or
(ii) The source or modification would be a major stationary source
or major modification only if fugitive emissions, to the extent
quantifiable, are considered in calculating the potential to emit of the
stationary source or modification and the source does not belong to any
of the following categories:
(A) Coal cleaning plants (with thermal dryers);
(B) Kraft pulp mills;
(C) Portland cement plants;
(D) Primary zinc smelters;
(E) Iron and steel mills;
(F) Primary aluminum ore reduction plants;
[[Page 44]]
(G) Primary copper smelters;
(H) Municipal incinerators capable of charging more than 250 tons of
refuse per day;
(I) Hydrofluoric, sulfuric, or nitric acid plants;
(J) Petroleum refineries;
(K) Lime plants;
(L) Phosphate rock processing plants;
(M) Coke oven batteries;
(N) Sulfur recovery plants;
(O) Carbon black plants (furnace process);
(P) Primary lead smelters;
(Q) Fuel conversion plants;
(R) Sintering plants;
(S) Secondary metal production plants;
(T) Chemical process plants;
(U) Fossil-fuel boiler (or combination thereof) totaling more than
250 million British thermal units per hour heat input;
(V) Petroleum storage and transfer units with a total storage
capacity exceeding 300,000 barrels;
(W) Taconite ore processing plants;
(X) Glass fiber processing plants;
(Y) Charcoal production plants;
(Z) Fossil fuel-fired steam electric plants of more than 250 million
British thermal units per hour heat input;
(AA) Any other stationary source category which, as of August 7,
1980, is being regulated under section 111 or 112 of the Act; or
(iii) The source is a portable stationary source which has
previously received a permit under this section, and
(A) The owner or operator proposes to relocate the source and
emissions of the source at the new location would be temporary; and
(B) The emissions from the source would not exceed its allowable
emissions; and
(C) The emissions from the source would impact no Class I area and
no area where an applicable increment is known to be violated; and
(D) Reasonable notice is given to the Administrator, prior to the
relocation, identifying the proposed new location and the probable
duration of operation at the new location. Such notice shall be given to
the Administrator not less than 10 days in advance of the proposed
relocation, unless a different time duration is previously approved by
the Administrator.
(5) The requirements of this section shall not apply to a major
stationary source or major modification with respect to a particular
pollutant if the owner or operator demonstrates that, as to that
pollutant, the source or modification is located in an area designated
as attainment under section 107 of the Clean Air Act.
(6) The requirements of this section shall not apply to a major
stationary source or major modification with respect to a particular
pollutant, if the allowable emissions of that pollutant from the source,
or the net emissions increase of that pollutant from the modification:
(i) Would impact no Class I area and no area where an applicable
increment is known to be violated, and
(ii) Would be temporary.
(d) Visibility Impact Analyses. The owner or operator of a source
shall provide an analysis of the impairment to visibility that would
occur as a result of the source or modification and general commercial,
residential, industrial and other growth associated with the source or
modification.
(e) Federal land manager notification. (1) The Federal land manager
and the Federal official charged with direct responsibility for
management of Federal Class I areas have an affirmative responsibility
to protect the air quality related values (including visibility) of such
lands and to consider, in consultation with the Administrator, whether a
proposed source or modification will have an adverse impact on such
values.
(2) The Administrator shall provide written notification to all
affected Federal land managers of any permit application for any
proposed new major stationary source or major modification that may
affect visibility in any visibility protection area.The Administrator
shall also provide for such notification to the Federal official charged
with direct responsibility for management of any lands within any such
area. Such notification shall include a copy of all information relevant
to the permit application and shall be given within 30 days of receipt
and at least 60 days prior to any public hearing on the application for
a permit to construct.
[[Page 45]]
Such notification shall include an analysis of the proposed source's
anticipated impacts on visibility in any visibility protection area. The
Administrator shall also notify all affected FLM's within 30 days of
receipt of any advance notification of any such permit application.
(3) The Administrator shall consider any analysis performed by the
Federal land manager, provided within 30 days of the notification
required by paragraph (e)(2) of this section, that such proposed new
major stationary source or major modification may have an adverse impact
on visibility in any visibility protection area. Where the Administrator
finds that such an analysis does not demonstrate to the satisfaction of
the Administrator that an adverse impact on visibility will result in
the visibility protection area, the Administrator must, in the notice of
public hearing, either explain his decision or give notice as to where
the explanation can be obtained.
(f) Public participation. The Administrator shall follow the
applicable procedures of 40 CFR part 124 in processing applications
under this section. The Administrator shall follow the procedures at 40
CFR 52.21(q) as in effect on August 7, 1980, to the extent that the
procedures of 40 CFR part 124 do not apply.
(g) National visibility goal. The Administrator shall only issue
permits to those sources whose emissions will be consistent with making
reasonable progress toward the national goal of preventing any future,
and remedying any existing, impairment of visibility in visibility
protection areas which impairment results from man-made air pollution.
In making the decision to issue a permit, the Administrator may take
into account the costs of compliance, the time necessary for compliance,
the energy and nonair quality environmental impacts of compliance, and
the useful life of the source.
(h) Monitoring. The Administrator may require monitoring of
visibility in any visibility protection area near the proposed new
stationary source or major modification for such purposes and by such
means as the Administrator deems necessary and appropriate.
(i) Delegation of authority. (1) The Administrator shall have the
authority to delegate the responsibility for conducting source review
pursuant to this section to any agency in accordance with paragraphs
(i)(2) and (3) of this section.
(2) Where the Administrator delegates the responsibility for
conducting source review under this section to any agency other than a
Regional Office of the Environmental Protection Agency, the following
provisions shall apply:
(i) Where the delegate agency is not an air pollution control agency
it shall consult with the appropriate State and local air pollution
control agency prior to making any determination under this section.
Similarly, where the delegate agency does not have continuing
responsibility for managing land use, it shall consult with the
appropriate State and local agency primarily responsible for managing
land use prior to making any determination under this section.
(ii) The delegate agency shall submit a copy of any public comment
notice required under paragraph (f) of this section to the Administrator
through the appropriate Regional Office.
(3) The Administrator's authority for reviewing a source or
modification located on an Indian Reservation shall not be redelegated
other than to a Regional Office of the Environmental Protection Agency,
except where the State has assumed jurisdiction over such land under
other laws. Where the State has assumed such jurisdiction, the
Administrator may delegate his authority to the States in accordance
with paragraph (i)(2) of this section.
[50 FR 28551, July 12, 1985]
Sec. 52.29 Visibility long-term strategies.
(a) Plan disapprovals. The provisions of this section are applicable
to any State implementation plan which has been disapproved for not
meeting the requirements of 40 CFR 51.306 regarding the development,
periodic review, and revision of visibility long-term strategies.
Specific disapprovals are listed where applicable in Subparts B through
DDD of this part. The provisions of this section have been incorporated
into the applicable implementation plan for
[[Page 46]]
various States, as provided in Subparts B through DDD of this part.
(b) Definitions. For the purposes of this section, all terms shall
have the meaning as ascribed to them in the Clean Air Act, or in the
protection of visibility program (40 CFR 51.301).
(c) Long-term strategy. (1) A long-term strategy is a 10- to 15-year
plan for making reasonable progress toward the national goal specified
in Sec. 51.300(a). This strategy will cover any existing impairment
certified by the Federal land manager and any integral vista which has
been identified according to Sec. 51.304.
(2) The Administrator shall review, and revise if appropriate, the
long-term strategies developed for each visibility protection area. The
review and revisions will be completed no less frequently than every 3
years from November 24, 1987.
(3) During the long-term strategy review process, the Administrator
shall consult with the Federal land managers responsible for the
appropriate mandatory Class I Federal areas, and will coordinate long-
term strategy development for an area with existing plans and goals,
including those provided by the Federal land managers.
(4) The Administrator shall prepare a report on any progress made
toward the national visibility goal since the last long-term strategy
revisions. A report will be made available to the public not less
frequently than 3 years from November 24, 1987. This report must include
an assessment of:
(i) The progress achieved in remedying existing impairment of
visibility in any mandatory Class I Federal area;
(ii) The ability of the long-term strategy to prevent future
impairment of visibility in any mandatory Class I Federal area;
(iii) Any change in visibility since the last such report, or in the
case of the first report, since plan approval;
(iv) Additional measures, including the need for SIP revisions, that
may be necessary to assure reasonable progress toward the national
visibility goal;
(v) The progress achieved in implementing best available retrofit
technology (BART) and meeting other schedules set forth in the long-term
strategy;
(vi) The impact of any exemption granted under Sec. 51.303;
(vii) The need for BART to remedy existing visibility impairment of
any integral vista identified pursuant to Sec. 51.304.
(d) Delegation of authority. The Administrator may delegate with
respect to a particular visibility protection area any of his functions
under this section, except the making of regulations, to any State or
local air pollution control agency of any State whose boundaries
encompass that area.
[52 FR 45137, Nov. 24, 1987]
Sec. 52.30 Criteria for limiting application of sanctions under section
110(m) of the Clean Air Act on a statewide basis.
(a) Definitions. For the purpose of this section:
(1) The term ``political subdivision'' refers to the representative
body that is responsible for adopting and/or implementing air pollution
controls for one, or any combination of one or more of the following:
city, town, borough, county, parish, district, or any other geographical
subdivision created by, or pursuant to, Federal or State law. This will
include any agency designated under section 174, 42 U.S.C. 7504, by the
State to carry out the air planning responsibilities under part D.
(2) The term ``required activity'' means the submission of a plan or
plan item, or the implementation of a plan or plan item.
(3) The term ``deficiency'' means the failure to perform a required
activity as defined in paragraph (a)(2) of this section.
(4) For purposes of Sec. 52.30, the terms ``plan'' or ``plan item''
mean an implementation plan or portion of an implementation plan or
action needed to prepare such plan required by the Clean Air Act, as
amended in 1990, or in response to a SIP call issued pursuant to section
110(k)(5) of the Act.
(b) Sanctions. During the 24 months after a finding, determination,
or disapproval under section 179(a) of the Clean Air Act is made, EPA
will not impose sanctions under section 110(m) of the Act on a statewide
basis if the
[[Page 47]]
Administrator finds that one or more political subdivisions of the State
are principally responsible for the deficiency on which the finding,
disapproval, or determination as provided under section 179(a)(1)
through (4) is based.
(c) Criteria. For the purposes of this provision, EPA will consider
a political subdivision to be principally responsible for the deficiency
on which a section 179(a) finding is based, if all five of the following
criteria are met.
(1) The State has provided adequate legal authority to a political
subdivision to perform the required activity.
(2) The required activity is one which has traditionally been
performed by the local political subdivision, or the responsibility for
performing the required activity has been delegated to the political
subdivision.
(3) The State has provided adequate funding or authority to obtain
funding (when funding is necessary to carry out the required activity)
to the political subdivision to perform the required activity.
(4) The political subdivision has agreed to perform (and has not
revoked that agreement), or is required by State law to accept
responsibility for performing, the required activity.
(5) The political subdivision has failed to perform the required
activity.
(d) Imposition of sanctions. (1) If all of the criteria in paragraph
(c) of this section have been met through the action or inaction of one
political subdivision, EPA will not impose sanctions on a statewide
basis.
(2) If not all of the criteria in paragraph (c) of this section have
been met through the action or inaction of one political subdivision,
EPA will determine the area for which it is reasonable and appropriate
to apply sanctions.
[59 FR 1484, Jan. 11, 1994]
Sec. 52.31 Selection of sequence of mandatory sanctions for findings
made pursuant to section 179 of the Clean Air Act.
(a) Purpose. The purpose of this section is to implement 42 U.S.C.
7509(a) of the Act, with respect to the sequence in which sanctions will
automatically apply under 42 U.S.C. 7509(b), following a finding made by
the Administrator pursuant to 42 U.S.C. 7509(a).
(b) Definitions. All terms used in this section, but not
specifically defined herein, shall have the meaning given them in
Sec. 52.01.
(1) 1990 Amendments means the 1990 Amendments to the Clean Air Act
(Pub. L. No. 101-549, 104 Stat. 2399).
(2) Act means Clean Air Act, as amended in 1990 (42 U.S.C. 7401 et
seq. (1991)).
(3) Affected area means the geographic area subject to or covered by
the Act requirement that is the subject of the finding and either, for
purposes of the offset sanction under paragraph (e)(1) of this section
and the highway sanction under paragraph (e)(2) of this section, is or
is within an area designated nonattainment under 42 U.S.C. 7407(d) or,
for purposes of the offset sanction under paragraph (e)(1) of this
section, is or is within an area otherwise subject to the emission
offset requirements of 42 U.S.C. 7503.
(4) Criteria pollutant means a pollutant for which the Administrator
has promulgated a national ambient air quality standard pursuant to 42
U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter,
carbon monoxide, nitrogen dioxide).
(5) Findings or Finding refer(s) to one or more of the findings,
disapprovals, and determinations described in subsection 52.31 (c).
(6) NAAQS means national ambient air quality standard the
Administrator has promulgated pursuant to 42 U.S.C. 7409.
(7) Ozone precursors mean nitrogen oxides (NOx) and
volatile organic compounds (VOC).
(8) Part D means part D of title I of the Act.
(9) Part D SIP or SIP revision or plan means a State implementation
plan or plan revision that States are required to submit or revise
pursuant to part D.
(10) Precursor means pollutant which is transformed in the
atmosphere (later in time and space from point of emission) to form (or
contribute to the formation of) a criteria pollutant.
(c) Applicability. This section shall apply to any State in which an
affected
[[Page 48]]
area is located and for which the Administrator has made one of the
following findings, with respect to any part D SIP or SIP revision
required under the Act:
(1) A finding that a State has failed, for an area designated
nonattainment under 42 U.S.C. 7407(d), to submit a plan, or to submit
one or more of the elements (as determined by the Administrator)
required by the provisions of the Act applicable to such an area, or has
failed to make a submission for such an area that satisfies the minimum
criteria established in relation to any such element under 42 U.S.C.
7410(k);
(2) A disapproval of a submission under 42 U.S.C. 7410(k), for an
area designated nonattainment under 42 U.S.C. 7407(d), based on the
submission's failure to meet one or more of the elements required by the
provisions of the Act applicable to such an area;
(3)(i) A determination that a State has failed to make any
submission required under the Act, other than one described under
paragraph (c)(1) or (c)(2) of this section, including an adequate
maintenance plan, or has failed to make any submission, required under
the Act, other than one described under paragraph (c)(1) or (c)(2) of
this section, that satisfies the minimum criteria established in
relation to such submission under 42 U.S.C. 7410(k)(1)(A); or
(ii) A disapproval in whole or in part of a submission described
under paragraph (c)(3)(i) of this section; or
(4) A finding that any requirement of an approved plan (or approved
part of a plan) is not being implemented.
(d) Sanction application sequencing. (1) To implement 42 U.S.C.
7509(a), the offset sanction under paragraph (e)(1) of this section
shall apply in an affected area 18 months from the date when the
Administrator makes a finding under paragraph (c) of this section unless
the Administrator affirmatively determines that the deficiency forming
the basis of the finding has been corrected. To further implement 42
U.S.C. 7509(a), the highway sanction under paragraph (e)(2) of this
section shall apply in an affected area 6 months from the date the
offset sanction under paragraph (e)(1) of this section applies, unless
the Administrator affirmatively determines that the deficiency forming
the basis of the finding has been corrected. For the findings under
paragraphs (c)(2), (c)(3)(ii), and (c)(4) of this section, the date of
the finding shall be the effective date as defined in the final action
triggering the sanctions clock.
(2)(i) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and the
Administrator, prior to 18 months from the finding, has proposed to
fully or conditionally approve the revised plan and has issued an
interim final determination that the revised plan corrects the
deficiency prompting the finding, application of the offset sanction
under paragraph (e)(1) of this section shall be deferred unless and
until the Administrator proposes to or takes final action to disapprove
the plan in whole or in part. If the Administrator issues such a
proposed or final disapproval of the plan, the offset sanction under
paragraph (e)(1) of this section shall apply in the affected area on the
later of the date the Administrator issues such a proposed or final
disapproval, or 18 months following the finding that started the
sanctions clock. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area 6 months after the date the
offset sanction under paragraph (e)(1) of this section applies, unless
the Administrator determines that the deficiency forming the basis of
the finding has been corrected.
(ii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and after
18 but before 24 months from the finding the Administrator has proposed
to fully or conditionally approve the revised plan and has issued an
interim final determination that the revised plan corrects the
deficiency prompting the finding, application of the offset sanction
under paragraph (e)(1) of this section shall be
[[Page 49]]
stayed and application of the highway sanction under paragraph (e)(2) of
this section shall be deferred unless and until the Administrator
proposes to or takes final action to disapprove the plan in whole or in
part. If the Administrator issues such a proposed or final disapproval
of the plan, the offset sanction under paragraph (e)(1) of this section
shall reapply in the affected area on the date the Administrator issues
such a proposed or final disapproval. The highway sanction under
paragraph (e)(2) of this section shall apply in the affected area on the
later of 6 months from the date the offset sanction under paragraph
(e)(1) of this section first applied in the affected area, unless the
Administrator determines that the deficiency forming the basis of the
finding has been corrected, or immediately if the proposed or final
disapproval occurs more than 6 months after initial application of the
offset sanction under paragraph (e)(1) of this section.
(iii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and more
than 24 months after the finding the Administrator has proposed to fully
or conditionally approve the revised plan and has issued an interim
final determination that the revised plan corrects the deficiency
prompting the finding, application of the offset sanction under
paragraph (e)(1) of this section and application of the highway sanction
under paragraph (e)(2) of this section shall be stayed unless and until
the Administrator proposes to or takes final action to disapprove the
plan in whole or in part. If the Administrator issues such a proposed or
final disapproval, the offset sanction under paragraph (e)(1) of this
section and the highway sanction under paragraph (e)(2) of this section
shall reapply in the affected area on the date the Administrator issues
such proposed or final disapproval.
(3)(i) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and the
Administrator, prior to 18 months from the finding, has conditionally-
approved the revised plan and has issued an interim final determination
that the revised plan corrects the deficiency prompting the finding,
application of the offset sanction under paragraph (e)(1) of this
section shall be deferred unless and until the conditional approval
converts to a disapproval or the Administrator proposes to or takes
final action to disapprove in whole or in part the revised SIP the State
submits to fulfill the commitment in the conditionally-approved plan. If
the conditional approval so becomes a disapproval or the Administrator
issues such a proposed or final disapproval, the offset sanction under
paragraph (e)(1) of this section shall apply in the affected area on the
later of the date the approval becomes a disapproval or the
Administrator issues such a proposed or final disapproval, whichever is
applicable, or 18 months following the finding that started the
sanctions clock. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area 6 months after the date the
offset sanction under paragraph (e)(1) of this section applies, unless
the Administrator determines that the deficiency forming the basis of
the finding has been corrected.
(ii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and after
18 but before 24 months from the finding the Administrator has
conditionally approved the revised plan and has issued an interim final
determination that the revised plan corrects the deficiency prompting
the finding, application of the offset sanction under paragraph (e)(1)
of this section shall be stayed and application of the highway sanction
under paragraph (e)(2) of this section shall be deferred unless and
until the conditional approval converts to a disapproval or the
Administrator proposes to or takes final action to disapprove in whole
or in part the revised SIP the
[[Page 50]]
State submits to fulfill the commitment in the conditionally-approved
plan. If the conditional approval so becomes a disapproval or the
Administrator issues such a proposed or final disapproval, the offset
sanction under paragraph (e)(1) of this section shall reapply in the
affected area on the date the approval becomes a disapproval or the
Administrator issues such a proposed or final disapproval, whichever is
applicable. The highway sanction under paragraph (e)(2) of this section
shall apply in the affected area on the later of 6 months from the date
the offset sanction under paragraph (e)(1) of this section first applied
in the affected area, unless the Administrator determines that the
deficiency forming the basis of the finding has been corrected, or
immediately if the conditional approval becomes a disapproval or the
Administrator issues such a proposed or final disapproval, whichever is
applicable, more than 6 months after initial application of the offset
sanction under paragraph (e)(1) of this section.
(iii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following the findings under paragraphs
(c)(2) and (c)(3)(ii) of this section, if the State has submitted a
revised plan to correct the deficiency prompting the finding and after
24 months from the finding the Administrator has conditionally approved
the revised plan and has issued an interim final determination that the
revised plan corrects the deficiency prompting the finding, application
of the offset sanction under paragraph (e)(1) of this section and
application of the highway sanction under paragraph (e)(2) of this
section shall be stayed unless and until the conditional approval
converts to a disapproval or the Administrator proposes to or takes
final action to disapprove in whole or in part the revised SIP the State
submits to fulfill its commitment in the conditionally-approved plan. If
the conditional approval so becomes a disapproval or the Administrator
issues such a proposed or final disapproval, the offset sanction under
paragraph (e)(1) of this section and the highway sanction under
paragraph (e)(2) of this section shall reapply in the affected area on
the date the conditional approval becomes a disapproval or the
Administrator issues such a proposed or final disapproval, whichever is
applicable.
(4)(i) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4)
of this section, if the Administrator, prior to 18 months from the
finding, has proposed to find that the State is implementing the
approved plan and has issued an interim final determination that the
deficiency prompting the finding has been corrected, application of the
offset sanction under paragraph (e)(1) of this section shall be deferred
unless and until the Administrator preliminarily or finally determines,
through a proposed or final finding, that the State is not implementing
the approved plan and that, therefore, the State has not corrected the
deficiency. If the Administrator so preliminarily or finally determines
that the State has not corrected the deficiency, the offset sanction
under paragraph (e)(1) of this section shall apply in the affected area
on the later of the date the Administrator proposes to take action or
takes final action to find that the finding of nonimplementation has not
been corrected, or 18 months following the finding that started the
sanctions clock. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area 6 months after the date the
offset sanction under paragraph (e)(1) of this section first applies,
unless the Administrator preliminarily or finally determines that the
deficiency forming the basis of the finding has been corrected.
(ii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4)
of this section, if after 18 months but before 24 months from the
finding the Administrator has proposed to find that the State is
implementing the approved plan and has issued an interim final
determination that the deficiency prompting the finding has been
corrected, application of the offset sanction under paragraph (e)(1) of
this section shall be stayed and application of the highway sanction
under paragraph (e)(2) of this section shall be deferred unless and
until the Administrator preliminarily or finally
[[Page 51]]
determines, through a proposed or final finding, that the State is not
implementing the approved plan and that, therefore, the State has not
corrected the deficiency. If the Administrator so preliminarily or
finally determines that the State has not corrected the deficiency, the
offset sanction under paragraph (e)(1) of this section shall reapply in
the affected area on the date the Administrator proposes to take action
or takes final action to find that the finding of nonimplementation has
not been corrected. The highway sanction under paragraph (e)(2) of this
section shall apply in the affected area on the later of 6 months from
the date the offset sanction under paragraph (e)(1) of this section
first applied in the affected area, unless the Administrator
preliminarily or finally determines that the deficiency forming the
basis of the finding has been corrected, or immediately if EPA's
proposed or final action finding the deficiency has not been corrected
occurs more than 6 months after initial application of the offset
sanction under paragraph (e)(1) of this section.
(iii) Notwithstanding paragraph (d)(1) of this section, to further
implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4)
of this section, if after 24 months from the finding the Administrator
has proposed to find that the State is implementing the approved plan
and has issued an interim final determination that the deficiency
prompting the finding has been corrected, application of the offset
sanction under paragraph (e)(1) of this section and the highway sanction
under paragraph (e)(2) of this section shall be stayed unless and until
the Administrator preliminarily or finally determines, through a
proposed or final finding, that the State is not implementing the
approved plan, and that, therefore, the State has not corrected the
deficiency. If the Administrator so preliminarily or finally determines
that the State has not corrected the deficiency, the offset sanction
under paragraph (e)(1) of this section and the highway sanction under
paragraph (e)(2) of this section shall reapply in the affected area on
the date the Administrator proposes to take action or takes final action
to find that the finding of nonimplementation has not been corrected.
(5) Any sanction clock started by a finding under paragraph (c) of
this section will be permanently stopped and sanctions applied, stayed
or deferred will be permanently lifted upon a final EPA finding that the
deficiency forming the basis of the finding has been corrected. For a
sanctions clock and applied sanctions based on a finding under
paragraphs (c)(1) and (c)(3)(i) of this section, a finding that the
deficiency has been corrected will occur by letter from the
Administrator to the State governor. For a sanctions clock or applied,
stayed or deferred sanctions based on a finding under paragraphs (c)(2)
and (c)(3)(ii) of this section, a finding that the deficiency has been
corrected will occur through a final notice in the Federal Register
fully approving the revised SIP. For a sanctions clock or applied,
stayed or deferred sanctions based on a finding under paragraph (c)(4)
of this section, a finding that the deficiency has been corrected will
occur through a final notice in the Federal Register finding that the
State is implementing the approved SIP.
(6) Notwithstanding paragraph (d)(1) of this section, nothing in
this section will prohibit the Administrator from determining through
notice-and-comment rulemaking that in specific circumstances the highway
sanction, rather than the offset sanction, shall apply 18 months after
the Administrator makes one of the findings under paragraph (c) of this
section, and that the offset sanction, rather than the highway sanction,
shall apply 6 months from the date the highway sanction applies.
(e) Available sanctions and method for implementation--(1) Offset
sanction. (i) As further set forth in paragraphs (e)(1)(ii)-(e)(1)(vi)
of this section, the State shall apply the emissions offset requirement
in the timeframe prescribed under paragraph (d) of this section on those
affected areas subject under paragraph (d) of this section to the offset
sanction. The State shall apply the emission offset requirements in
accordance with 42 U.S.C. 7503 and 7509(b)(2), at a ratio of at least
two units of emission reductions for each
[[Page 52]]
unit of increased emissions of the pollutant(s) and its (their)
precursors for which the finding(s) under paragraph (c) of this section
is (are) made. If the deficiency prompting the finding under paragraph
(c) of this section is not specific to one or more particular pollutants
and their precursors, the 2-to-1 ratio shall apply to all pollutants
(and their precursors) for which an affected area within the State
listed in paragraph (e)(1)(i) of this section is required to meet the
offset requirements of 42 U.S.C. 7503.
(ii) Notwithstanding paragraph (e)(1)(i) of this section, when a
finding is made with respect to a requirement for the criteria pollutant
ozone or when the finding is not pollutant-specific, the State shall not
apply the emissions offset requirements at a ratio of at least 2-to-1
for emission reductions to increased emissions for nitrogen oxides
where, under 42 U.S.C. 7511a(f), the Administrator has approved an
NOX exemption for the affected area from the Act's new source
review requirements under 42 U.S.C. 7501-7515 for NOX or
where the affected area is not otherwise subject to the Act's new source
review requirements for emission offsets under 42 U.S.C. 7501-7515 for
NOX.
(iii) Notwithstanding paragraph (e)(1)(i) of this section, when a
finding under paragraph (c) of this section is made with respect to PM-
10, or the finding is not pollutant-specific, the State shall not apply
the emissions offset requirements, at a ratio of at least 2-to-1 for
emission reductions to increased emissions to PM-10 precursors if the
Administrator has determined under 42 U.S.C. 7513a(e) that major
stationary sources of PM-10 precursors do not contribute significantly
to PM-10 levels which exceed the NAAQS in the affected area.
(iv) For purposes of applying the emissions offset requirement set
forth in 42 U.S.C. 7503, at the 2-to-1 ratio required under this
section, the State shall comply with the provisions of a State-adopted
new source review (NSR) program that EPA has approved under 42 U.S.C.
7410(k)(3) as meeting the nonattainment area NSR requirements of 42
U.S.C. 7501-7515, as amended by the 1990 Amendments, or, if no plan has
been so approved, the State shall comply directly with the nonattainment
area NSR requirements specified in 42 U.S.C. 7501-7515, as amended by
the 1990 Amendments, or cease issuing permits to construct and operate
major new or modified sources as defined in those requirements. For
purposes of applying the offset requirement under 42 U.S.C. 7503 where
EPA has not fully approved a State's NSR program as meeting the
requirements of part D, the specifications of those provisions shall
supersede any State requirement that is less stringent or inconsistent.
(v) For purposes of applying the emissions offset requirement set
forth in 42 U.S.C. 7503, any permit required pursuant to 42 U.S.C. 7503
and issued on or after the date the offset sanction applies under
paragraph (d) of this section shall be subject to the enhanced 2-to-1
ratio under paragraph (e)(1)(i) of this section.
(2) Highway funding sanction. The highway sanction shall apply, as
provided in 42 U.S.C. 7509(b)(1), in the timeframe prescribed under
paragraph (d) of this section on those affected areas subject under
paragraph (d) of this section to the highway sanction, but shall apply
only to those portions of affected areas that are designated
nonattainment under 40 CFR part 81.
[59 FR 39859, Aug. 4, 1994]
Sec. 52.32 Sanctions following findings of SIP inadequacy.
For purposes of the SIP revisions required by Sec. 51.120, EPA may
make a finding under section 179(a) (1)-(4) of the Clean Air Act, 42
U.S.C. 7509(a) (1)-(4), starting the sanctions process set forth in
section 179(a) of the Clean Air Act. Any such finding will be deemed a
finding under Sec. 52.31(c) and sanctions will be imposed in accordance
with the order of sanctions and the terms for such sanctions established
in Sec. 52.31.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.33 Compliance certifications.
(a) For the purpose of submitting compliance certifications, nothing
in this part or in a plan promulgated by the Administrator shall
preclude the use, including the exclusive use, of any
[[Page 53]]
credible evidence or information, relevant to whether a source would
have been in compliance with applicable requirements if the appropriate
performance or compliance test had been performed.
(b) For all federal implementation plans, paragraph (a) of this
section is incorporated into the plan.
[62 FR 8328, Feb. 24, 1997]
Sec. 52.34 Action on petitions submitted under section 126 relating to
emissions of nitrogen oxides.
(a) Definitions. For purposes of this section, the following
definitions apply:
(1) Administrator means the Administrator of the United States
Environmental Protection Agency or the Administrator's duly authorized
representative.
(2) Large Electric Generating Units (large EGUs) means:
(i) For units that commenced operation before January 1, 1997, a
unit serving during 1995 or 1996 a generator that had a nameplate
capacity greater than 25 MWe and produced electricity for sale under a
firm contract to the electric grid.
(ii) For units that commenced operation on or after January 1, 1997
and before January 1, 1999, a unit serving at any time during 1997 or
1998 a generator that had a nameplate capacity greater than 25 MWe and
produced electricity for sale under a firm contract to the electric
grid.
(iii) For units that commence operation on or after January 1, 1999,
a unit serving at any time a generator that has a nameplate capacity
greater than 25 MWe and produces electricity for sale.
(3) Large Non-Electric Generating Units (large non-EGUs) means:
(i) For units that commenced operation before January 1, 1997, a
unit that has a maximum design heat input greater than 250 mmBtu/hr and
that did not serve during 1995 or 1996 a generator producing electricity
for sale under a firm contract to the electric grid.
(ii) For units that commenced operation on or after January 1, 1997
and before January 1, 1999, a unit that has a maximum design heat input
greater than 250 mmBtu/hr and that did not serve at any time during 1997
or 1998 a generator producing electricity for sale under a firm contract
to the electric grid.
(iii) For units that commence operation on or after January 1, 1999,
a unit with a maximum design heat input greater than 250 mmBtu/hr that:
(A) At no time serves a generator producing electricity for sale; or
(B) At any time serves a generator producing electricity for sale,
if any such generator has a nameplate capacity of 25 MWe or less and has
the potential to use 50 percent or less of the potential electrical
output capacity of the unit.
(4) New sources means new and modified sources.
(5) NOX means oxides of nitrogen.
(6) OTAG means the Ozone Transport Assessment Group (active 1995-
1997), a national work group that addressed the problem of ground-level
ozone and the long-range transport of air pollution across the Eastern
United States. The OTAG was a partnership between EPA, the Environmental
Council of the States, and various industry and environmental groups.
(7) Ozone season means the period of time beginning May 1 of a year
and ending on September 30 of the same year, inclusive.
(8) Potential electrical output capacity means, with regard to a
unit, 33 percent of the maximum design heat input of the unit.
(9) Unit means a fossil-fuel fired stationary boiler, combustion
turbine, or combined cycle system.
(b) Purpose and applicability. Paragraphs (c), (e)(1) and (e)(2),
(g), and (h)(1) and (h)(2) of this section set forth the Administrator's
findings with respect to the 1-hour national ambient air quality
standard (NAAQS) for ozone that certain new and existing sources of
emissions of nitrogen oxides (``NOX'') in certain States emit
or would emit NOX in violation of the prohibition in section
110(a)(2)(D)(i) of the Clean Air Act (CAA) on emissions in amounts that
contribute significantly to nonattainment in certain States that
submitted petitions in 1997-1998 addressing such NOX
emissions under section 126 of the CAA. Paragraphs (d), (e)(3) and
[[Page 54]]
(e)(4), (f), and (h)(3) and (h)(4) of this section set forth the
Administrator's affirmative technical determinations with respect to the
8-hour NAAQS for ozone that certain new and existing sources of
emissions of NOX in certain States emit or would emit
NOX in violation of the prohibition in section
110(a)(2)(D)(i) of the CAA on emissions in amounts that contribute
significantly to nonattainment in, or interfere with maintenance by,
certain States that submitted petitions in 1997-1998 addressing such
NOX emissions under section 126 of the CAA. (As used in this
section, the term new source includes modified sources, as well.)
Paragraph (i) of this section explains the circumstances under which the
findings for sources in a specific State would be withdrawn. Paragraph
(j) of this section sets forth the control requirements that apply to
the sources of NOX emissions affected by the findings.
Paragraph (k) of this section indefinitely stays the effectiveness of
the affirmative technical determinations with respect to the 8-hour
ozone standard.
(1) The States that submitted such petitions are Connecticut, Maine,
Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and
Vermont (each of which, hereinafter in this section, may be referred to
also as a ``petitioning State'').
(2) The new and existing sources of NOX emissions covered
by the petitions that emit or would emit NOX emissions in
amounts that make such significant contributions are large electric
generating units (EGUs) and large non-EGUs.
(c) Section 126(b) findings relating to impacts on ozone levels in
Connecticut--(1) Section 126(b) findings with respect to the 1-hour
ozone standard in Connecticut. The Administrator finds that any existing
or new major source or group of stationary sources emits or would emit
NOX in violation of the Clean Air Act section 110(a)(2)(d)(i)
prohibition with respect to the 1-hour ozone standard in the State of
Connecticut if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (c)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Connecticut.
(2) States or portions of States that contain sources for which the
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in Connecticut. The States, or portions of States,
that contain sources of NOX emissions for which the
Administrator is making section 126(b) findings under paragraph (c)(1)
of this section are:
(i) Delaware.
(ii) District of Columbia.
(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as
shown in appendix F, Figure F-2, of this part.
(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in
appendix F, Figure F-2, of this part.
(v) Maryland.
(vi) Portion of Michigan located in OTAG Subregion 2, as shown in
appendix F, Figure F-2, of this part.
(vii) Portion of North Carolina located in OTAG Subregion 7, as
shown in appendix F, Figure F-2, of this part.
(viii) New Jersey.
(ix) Portion of New York extending west and south of Connecticut, as
shown in appendix F, Figure F-2, of this part.
(x) Ohio.
(xi) Pennsylvania.
(xii) Virginia.
(xiii) West Virginia.
(d) Affirmative technical determinations relating to impacts on
ozone levels in Maine--(1) Affirmative technical determinations with
respect to the 8-hour ozone standard in Maine. The Administrator of EPA
finds that any existing or new major source or group of stationary
sources emits or would emit NOX in amounts that contribute
significantly to nonattainment in the State of Maine, with respect to
the 8-hour NAAQS for ozone if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
[[Page 55]]
(ii) Located in one of the States (or portions thereof) listed in
paragraph (d)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 of appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Maine.
(2) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Maine. The States that contain sources for which
EPA is making an affirmative technical determination are:
(i) Connecticut.
(ii) Delaware.
(iii) District of Columbia.
(iv) Maryland.
(v) Massachusetts.
(vi) New Jersey.
(vii) New York.
(viii) Pennsylvania.
(ix) Rhode Island.
(x) Virginia.
(e) Section 126(b) findings and affirmative technical determinations
relating to impacts on ozone levels in Massachusetts--(1) Section 126(b)
findings with respect to the 1-hour ozone standard in Massachusetts. The
Administrator finds that any existing major source or group of
stationary sources emits NOX in violation of the Clean Air
Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone
standard in the State of Massachusetts if it is:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (e)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Massachusetts.
(2) States that contain sources for which the Administrator is
making section 126(b) findings with respect to the 1-hour ozone standard
in Massachusetts. The portions of States that contain sources of
NOX emissions for which the Administrator is making section
126(b) findings under paragraph (e)(1) of this section are:
(i) All counties in West Virginia located within a 3-county-wide
band of the Ohio River, as shown in appendix F, Figure F-4, of this
part.
(ii) [Reserved]
(3) Affirmative technical determinations with respect to the 8-hour
ozone standard in Massachusetts. The Administrator of EPA finds that any
existing major source or group of stationary sources emits
NOX in amounts that contribute significantly to nonattainment
in, or interfere with maintenance by, the State of Massachusetts, with
respect to the 8-hour NAAQS for ozone if it is:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (e)(4) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Massachusetts.
(4) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Massachusetts. The portions of States that
contain sources for which EPA is making an affirmative technical
determination are:
(i) All counties in Ohio located within a 3-county-wide band of the
Ohio River, as shown in appendix F, Figure F-4, of this part.
(ii) All counties in West Virginia located within a 3-county-wide
band of the Ohio River, as shown in appendix F, Figure F-4, of this
part.
(f) Affirmative technical determinations relating to impacts on
ozone levels in New Hampshire--(1) Affirmative technical determinations
with respect to the 8-hour ozone standard in New Hampshire. The
Administrator of EPA finds that any existing or new major source or
group of stationary sources emits or would emit NOX in
amounts that contribute significantly to nonattainment in, or interfere
with maintenance by, the State of New Hampshire, with respect to the 8-
hour NAAQS for ozone if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
[[Page 56]]
(ii) Located in one of the States (or portions thereof) listed in
paragraph (f)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 of appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of New
Hampshire.
(2) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in New Hampshire. The States that contain sources
for which EPA is making an affirmative technical determination are:
(i) Connecticut.
(ii) Delaware.
(iii) District of Columbia.
(iv) Maryland.
(v) Massachusetts.
(vi) New Jersey.
(vii) New York.
(viii) Pennsylvania.
(ix) Rhode Island.
(g) Section 126(b) findings relating to impacts on ozone levels in
the State of New York--(1) Section 126(b) findings with respect to the
1-hour ozone standard in the State of New York. The Administrator finds
that any existing or new major source or group of stationary sources
emits or would emit NOX in violation of the Clean Air Act
section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone
standard in the State of New York if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (g)(2) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of New
York.
(2) States or portions of States that contain sources for which the
Administrator is making section 126(b) findings with respect to the 1-
hour ozone standard in New York. The States, or portions of States, that
contain sources of NOX emissions for which the Administrator
is making section 126(b) findings under paragraph (g)(1) of this section
are:
(i) Delaware.
(ii) District of Columbia.
(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as
shown in appendix F, Figure F-6, of this part.
(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in
appendix F, Figure F-6, of this part.
(v) Maryland.
(vi) Portion of Michigan located in OTAG Subregion 2, as shown in
appendix F, Figure F-6, of this part.
(vii) Portion of North Carolina located in OTAG Subregions 6 and 7,
as shown in appendix F, Figure F-6, of this part.
(viii) New Jersey.
(ix) Ohio.
(x) Pennsylvania.
(xi) Virginia.
(xii) West Virginia.
(h) Section 126(b) findings and affirmative technical determinations
relating to impacts on ozone levels in the State of Pennsylvania--(1)
Section 126(b) findings with respect to the 1-hour ozone standard in the
State of Pennsylvania. The Administrator finds that any existing or new
major source or group of stationary sources emits or would emit
NOX in violation of the Clean Air Act section 110(a)(2)(d)(i)
prohibition with respect to the 1-hour ozone standard in the State of
Pennsylvania if it is or will be:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (h)(2) of this section; and (iii) Within one of the ``Named
Source Categories'' listed in the portion of Table F-1 in appendix F of
this part describing the sources of NOX emissions covered by
the petition of the State of Pennsylvania.
(2) States that contain sources for which the Administrator is
making section 126(b) findings with respect to the 1-hour ozone standard
in Pennsylvania. The States that contain sources of NOX
emissions for which the Administrator is making section 126(b) findings
under paragraph (h)(1) of this section are:
(i) North Carolina.
(ii) Ohio.
(iii) Virginia.
(iv) West Virginia.
(3) Affirmative technical determinations with respect to the 8-hour
ozone standard
[[Page 57]]
in Pennsylvania. The Administrator of EPA finds that any existing or new
major source or group of stationary sources emits or would emit
NOX in amounts that contribute significantly to nonattainment
in, or interfere with maintenance by, the State of Pennsylvania, with
respect to the 8-hour NAAQS for ozone:
(i) In a category of large EGUs or large non-EGUs;
(ii) Located in one of the States (or portions thereof) listed in
paragraph (h)(4) of this section; and
(iii) Within one of the ``Named Source Categories'' listed in the
portion of Table F-1 in appendix F of this part describing the sources
of NOX emissions covered by the petition of the State of
Pennsylvania.
(4) States or portions of States that contain sources for which EPA
is making an affirmative technical determination with respect to the 8-
hour ozone standard in Pennsylvania. The States that contain sources for
which EPA is making an affirmative technical determination are:
(i) Alabama.
(ii) Illinois.
(iii) Indiana.
(iv) Kentucky.
(v) Michigan.
(vi) Missouri.
(vii) North Carolina.
(viii) Ohio.
(ix) Tennessee.
(x) Virginia.
(xi) West Virginia.
(i) Withdrawal of section 126 findings. Notwithstanding any other
provision of this subpart, a finding under paragraphs (c), (e)(1) and
(e)(2), (g), and (h)(1) and (h)(2) of this section as to a particular
major source or group of stationary sources in a particular State will
be deemed to be withdrawn, and the corresponding part of the relevant
petition(s) denied, if the Administrator issues a final action putting
in place implementation plan provisions that comply with the
requirements of Secs. 51.121 and 51.122 of this chapter for such State.
(j) Section 126 control remedy. The Federal NOX Budget
Trading Program in part 97 of this chapter applies to the owner or
operator of any new or existing large EGU or large non-EGU as to which
the Administrator makes a finding under section 126(b) of the Clean Air
Act pursuant to the provisions of paragraphs (c), (e)(1) and (e)(2),
(g), and (h)(1) and (h)(2) of this section.
(k) Stay of findings with respect to the 8-hour ozone standard.
Notwithstanding any other provisions of this subpart, the effectiveness
of paragraphs (d), (e)(3) and (e)(4), (f), (h)(3) and (h)(4) of this
section is stayed.
(l) Temporary stay of rules. Notwithstanding any other provisions of
this subpart, the effectiveness of this section is stayed from July 26,
1999 until February 17, 2000.
[64 FR 28318, May 25, 1999, as amended at 64 FR 33961, June 24, 1999; 65
FR 2042, Jan. 13, 2000; 65 FR 2726, Jan. 18, 2000]
Subpart B--Alabama
Sec. 52.50 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Alabama under section 110 of the Clean Air Act,
42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality
standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to December
1, 1998, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c) and (d) of this section with
EPA approval dates after December 1, 1998, 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 December 1, 1998.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303; the Office of Federal Register, 800 North Capitol Street, NW.,
Suite 700,
[[Page 58]]
Washington, DC.; or at the EPA, Air and Radiation Docket and Information
Center, Air Docket (6102), 401 M St., SW., Washington, DC 20460.
(c) EPA approved regulations.
EPA Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
EPA
State citation Title subject Adoption approval Federal Register
date date notice
----------------------------------------------------------------------------------------------------------------
Chapter No. 335-3-1--General Provision
----------------------------------------------------------------------------------------------------------------
Section 335-3-1-.01.................. Purpose................. 06/22/89 03/19/90 55 FR 10062.
Section 335-3-1-1-.02................ Definitions............. 8/10/00 12/8/00 65 FR 76940
Section 335-3-1-.03.................. Ambient Air Quality 10/13/98 03/01/99 64 FR 9918.
Standards.
Section 335-3-1-.04.................. Monitoring, Records, 10/15/96 06/06/97 62 FR 30091.
Reporting.
Section 335-3-1-.05.................. Sampling and Test 06/22/89 03/19/90 55 FR 10062.
Methods.
Section 335-3-1-.06.................. Compliance Schedule..... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-1-.07.................. Maintenance and 10/15/89 03/19/90 55 FR 10062.
Malfunctioning of
Equipment; Reporting.
Section 335-3-1-.08.................. Prohibition of Air 8/10/00 12/8/00 65 FR 76940
Pollution.
Section 335-3-1-.09.................. Variances............... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-1-.10.................. Circumvention........... 06/22/89 03/19/90 55 FR 10062.
Section 335-3-1-.11.................. Severability............ 10/15/96 06/06/97 62 FR 30991.
Section 335-3-1-.12.................. Bubble Provision........ 06/22/89 03/19/90 55 FR 10062.
Section 335-3-1-.13.................. Credible Evidence....... 04/13/99 11/03/99 64 FR 59635
Chapter No. 335-3-2--Air Polution Emergency
----------------------------------------------------------------------------------------------------------------
Section 335-3-2-.01.................. Air Pollution Emergency. 06/22/89 03/19/90 55 FR 10062.
Section 335-3-2-.02.................. Episode Criteria........ 8/10/00 12/8/00 65 FR 76940
Section 335-3-2-.03.................. Special Episode Criteria 06/22/89 03/19/90 55 FR 10062.
Section 335-3-2-.04.................. Emission Reduction Plans 06/22/72 05/31/72 62 FR 30991.
Section 335-3-2-.05.................. Two Contaminant Episode. 06/22/89 03/19/90 55 FR 10062.
Section 335-3-2-.06.................. General Episodes........ 06/22/89 03/19/90 55 FR 10062.
Section 335-3-2-.07.................. Local Episodes.......... 06/22/89 03/19/90 55 FR 10062.
Section 335-3-2-.08.................. Other Sources........... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-2-.09.................. Other Authority Not 06/22/89 03/19/90 55 FR 10062.
Affected.
Chapter No. 335-3-3--Control of Open Burning and Incineration
----------------------------------------------------------------------------------------------------------------
Section 335-3-3-.01.................. Open Burning............ 8/10/00 12/8/00 65 FR 76940
Section 335-3-3-.02.................. Incinerators............ 06/22/89 05/19/90 55 FR 10062.
Section 335-3-3-.03.................. Incineration of Wood, 8/10/00 12/8/00 65 FR 76940
Peanut, and Cotton
Ginning Waste.
Chapter No. 335-3-4--Control of Particulate Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-4-.01.................. Visible Emissions....... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-4-.02.................. Fugitive Dust and 10/15/96 06/06/97 62 FR 30991.
Fugitive Emissions.
Section 335-3-4-.03.................. Fuel Burning Equipment.. 10/15/96 06/06/97 62 FR 30991.
[[Page 59]]
Section 335-3-4-.04.................. Process Industries-- 10/15/96 06/06/97 62 FR 30991.
General.
Section 335-3-4-.05.................. Small Foundry Cupola.... 06/22/89 03/19/90 55 FR 10062.
Section 335-3-4-.06.................. Cotton Gins............. 06/22/89 03/19/90 55 FR 10062.
Section 335-3-4-.07.................. Kraft Pulp Mills........ 10/15/96 06/06/97 62 FR 30991.
Section 335-3-4-.08.................. Wood Waste Boilers...... 8/10/00 12/8/00 65 FR 76940
Section 335-3-4-.09.................. Coke Ovens.............. 8/10/00 12/8/00 65 FR 76940
Section 335-3-4-.10.................. Primary Aluminum Plants. 06/22/89 03/19/90 55 FR 10062.
Section 335-3-4-.11.................. Cement Plants........... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-4-.12.................. Xylene Oxidation Process 06/22/89 03/19/90 55 FR 10062.
Section 335-3-4-.13.................. Sintering Plants........ 06/22/89 03/19/90 55 FR 10062.
Section 335-3-4-.14.................. Grain Elevators......... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-4-.15.................. Secondary Lead Smelters. 10/15/96 06/06/97 55 FR 30991.
Section 335-3-4-.17.................. Steel Mills located in 10/15/96 06/06/97 55 FR 30991.
Etowah County.
Chapter No. 335-3-5--Control of Sulfur Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-5-.01.................. Fuel Combustions........ 10/15/97 06/06/97 55 FR 30991.
Section 335-3-5-.02.................. Sulfuric Acid Plants.... 10/15/96 06/06/97 55 FR 30991.
Section 335-3-5-.03.................. Petroleum Production.... 8/10/00 12/8/00 65 FR 76940
Section 335-3-5-.04.................. Kraft Pulp Mills........ 8/10/00 12/8/00 65 FR 76940
Section 335-3-5-.05.................. Process Industries-- 06/22/89 03/19/90 55 FR 10062.
General.
Chapter No. 335-3-6--Control of Organic Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-6-.01.................. Applicability........... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.02.................. VOC Water Separation.... 06/22/90 03/19/90 55 FR 10062.
Section 335-3-6-.03.................. Loading and Storage of 06/22/89 03/19/90 55 FR 10062.
VOC.
Section 335-3-6-.04.................. Fixed-Roof Petroleum 10/15/96 06/06/97 62 FR 30991.
Liquid Storage Vessels.
Section 335-3-6-.05.................. Bulk Gasoline Plants.... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.06.................. Bulk Gasoline Terminals. 8/10/00 12/8/00 65 FR 76940
Section 335-3-6-.07.................. Gasoline Dispensing 10/15/96 06/06/97 62 FR 30991.
Facilities--Stage I.
Section 335-3-6-.08.................. Petroleum Refinery 06/22/89 03/19/90 55 FR 10062.
Sources.
Section 335-3-6-.09.................. Pumps and Compressors... 06/22/89 03/19/90 55 FR 10062.
Section 335-3-6-.10.................. Ethylene Producing 06/22/89 03/19/90 55 FR 10062.
Plants.
Section 335-3-6-.11.................. Surface Coating......... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.12.................. Solvent Metal Cleaning.. 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.13.................. Cutback Asphalt......... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.14.................. Petition for Alternative 06/22/89 03/19/90 55 FR 10062.
Controls.
Section 335-3-6-.15.................. Compliance Schedules.... 10/15/96 06/06/97 62 FR 30991.
[[Page 60]]
Section 335-3-6-.16.................. Test Methods and 8/10/00 12/8/00 65 FR 76940
Procedures.
Section 335-3-6-.17.................. Manufacture of Pneumatic 10/15/96 06/06/97 62 FR 30991.
Rubber Tires.
Section 335-3-6-.18.................. Manufacture of 10/15/96 06/06/97 62 FR 30991.
Synthesized
Pharmaceutical Products.
Section 335-3-6-.19.................. Reserved................ 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.20.................. Leaks from Gasoline Tank 10/15/96 06/06/97 62 FR 30991.
Trucks and Vapor
Collection.
Section 335-3-6-.21.................. Leaks from Petroleum 10/15/96 06/06/97 62 FR 30991.
Refinery Equipment.
Section 335-3-6-.22.................. Graphic Arts............ 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.23.................. Petroleum Liquid Storage 10/15/96 06/06/97 62 FR 30991.
in External Floating
Roof Tanks.
Section 335-3-6-.24.................. Applicability........... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.25.................. VOC Water Separation.... 06/22/89 03/19/90 55 FR 10062.
Section 335-3-6-.26.................. Loading and Storage of 06/22/89 03/19/90 55 FR 10062.
VOC.
Section 335-3-6-.27.................. Fixed-Roof Petroleum 10/15/96 06/06/97 62 FR 30991.
Liquid Storage Vessels.
Section 335-3-6-.28.................. Bulk Gasoline Plants.... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.29.................. Gasoline Terminals...... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.30.................. Gasoline Dispensing 10/15/96 06/06/97 62 FR 30991.
Facilities--Stage I.
Section 335-3-6-.31.................. Petroleum Refinery 06/22/89 03/19/90 55 FR 10062.
Sources.
Section 335-3-6-.32.................. Surface Coating......... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.33.................. Solvent Metal Cleaning.. 06/22/89 03/19/90 55 FR 10062.
Section 335-3-6-.34.................. Cutback Asphalt......... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.35.................. Petition for Alternative 06/22/89 03/19/90 55 FR 10062.
Controls.
Section 335-3-6-.36.................. Compliances Schedules... 10/15/96 06/06/97 62 FR 30991.
Section 335-3-6-.37.................. Test Methods and 10/15/96 06/06/97 62 FR 30991.
Procedures.
Section 335-3-6-.38.................. Manufacture of Pneumatic 06/22/89 03/19/90 55 FR 10062.
Tires.
Section 335-3-6-.39.................. Manufacture of 10/15/96 06/06/97 62 FR 30991.
Synthesized
Pharmaceutical Products.
Section 335-3-6-.40.................. Reserved................
Section 335-3-6-.41.................. Leaks from Gasoline Tank 10/15/96 06/06/97 62 FR 30991.
Trucks and Vapor
Collection Systems.
Section 335-3-6-.42.................. Leaks from Petroleum 10/15/96 06/06/97 62 FR 30991.
Refinery Equipment.
Section 335-3-6-.43.................. Graphic Arts............ 06/22/89 03/19/90 55 FR 10062.
Section 335-3-6-.44.................. Petroleum Liquid Storage 10/15/96 06/06/97 62 FR 30991.
in External Floating
Roof Tanks.
Section 335-3-6-.45.................. Large Petroleum Dry 10/15/96 06/06/97 62 FR 30991.
Cleaners.
Section 335-3-6-.46.................. Aerospace Assembly and 06/22/89 03/19/90 55 FR 10062.
Component and Component
Coatings Operations.
Section 335-3-6-.47.................. Leaks from Coke by- 10/15/96 06/06/97 62 FR 30991.
Product Recovery Plant
Equipment.
Section 335-3-6-.48.................. Emissions from Coke by- 10/15/96 06/06/97 62 FR 30991.
Product Recovery Plant
Coke Oven Gas Bleeder.
Section 335-3-6-.49.................. Manufacture of Laminated 06/22/89 03/19/90 55 FR 10062.
Countertops.
Section 335-3-6-.50.................. Paint Manufacture....... 10/15/96 06/06/97 62 FR 30991.
[[Page 61]]
Section 335-3-6-.51.................. Gasoline Dispensing
Facilities--Stage II
Control.
Section 335-3-6-.52.................. Seasonal Afterburner
Shutdown--VOC Control
Only.
Chapter No. 335-3-7--Carbon Monoxide Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-7-.01.................. Metals Productions...... 06/22/89 03/19/90 55 FR 10062.
Section 335-3-7-.02.................. Petroleum Processes..... 06/22/89 03/19/90 55 FR 10062.
Chapter No. 335-3-8--Nitrogen Oxides Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-8-.01.................. New Combustion Sources.. 06/22/89 03/19/90 55 FR 10062.
Section 335-3-8-.02.................. Nitric Acid 10/15/96 06/06/97 62 FR 30991.
Manufacturing.
Chapter No. 335-3-9--Control of Emissions from Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Section 335-3-9-.01.................. Visible Emission 10/15/96 06/06/97 62 FR 30991.
Restriction for Motor
Vehicles.
Section 335-3-9-.02.................. Ignition System and 8/10/00 12/8/00 65 FR 76940
Engine Speed.
Section 335-3-9-.03.................. Crankcase Ventilation 8/10/00 12/8/00 65 FR 76940
Systems.
Section 335-3-9-.04.................. Exhaust Emission Control 06/22/89 03/19/90 55 FR 10062.
Systems.
Section 335-3-9-.05.................. Evaporative Loss Control 06/22/89 03/19/90 55 FR 10062.
Systems.
Section 335-3-9-.06.................. Other Prohibited Acts... 8/10/00 12/8/00 65 FR 76940
Section 335-3-9-.07.................. Effective Date.......... 10/15/96 06/06/97 62 FR 30991
Chapter No. 335-3-12-.01--Continuous Monitoring Requirements for Existing Sources
----------------------------------------------------------------------------------------------------------------
Section 335-3-12-.01................. General................. 06/22/89 03/19/90 55 FR 10062.
Section 335-3-12-.02................. Emission Monitoring and 02/17/98 09/14/98 63 FR 49005.
Reporting Requirements.
Section 335-3-12-.03................. Monitoring System 06/22/89 03/19/90 55 FR 10062.
Malfunction.
Section 335-3-12-.04................. Alternate M Monitoring 06/22/89 03/19/90 55 FR 10062.
and Reporting
Requirements.
Section 335-3-12-.05................. Exemptions and 06/22/89 03/19/90 55 FR 10062.
Extensions.
Chapter No. 335-3-13--Control of Fluoride Emissions
----------------------------------------------------------------------------------------------------------------
Section 335-3-13-.01................. General................. 10/15/96 06/06/97 62 FR 30991.
Section 335-3-13-.02................. Superphosphoric Acid 10/15/96 06/06/97 62 FR 30991.
Plants.
Section 335-3-13-.03................. Diammonium Phosphate 10/15/96 06/06/97 62 FR 30991.
Plants.
Section 335-3-13-.04................. Triple Superphosphate 10/15/96 06/06/97 62 FR 30991.
Plants.
Section 335-3-13-.05................. Granular Triple 10/15/96 06/06/97 62 FR 30991.
Superphosphate Storage
Facilities.
Section 335-3-13-.06................. Wet Process Phosphoric 10/15/96 06/06/97 62 FR 30991.
Acid Plants.
Chapter No. 335-3-14--Air Permits
----------------------------------------------------------------------------------------------------------------
Section 335-3-14-.01................. General Provisions...... 02/17/98 09/14/98 63 FR 49005.
Section 335-3-14-.02................. Permit Procedure........ 10/15/96 06/06/97 62 FR 30991.
Section 335-3-14-.03................. Standards for Granting 8/10/00 12/8/00 65 FR 76940
Permits.
[[Page 62]]
Section 335-3-14-.04................. Air Permits Authorizing 8/10/00 12/8/00 65 FR 76940
Construction in Clean
Air Areas (Prevention
of Significant
Deterioration
Permitting (PSD)).
Section 335-3-14-.05................. Air Permits Authorizing 8/10/00 12/8/00 65 FR 76940
Construction in or Near
Nonattainment Areas.
Chapter No. 335-3-15--Synthetic Minor Operating Permits
----------------------------------------------------------------------------------------------------------------
Section 335-3-15-.01................. Definitions............. 10/15/96 06/06/97 62 FR 30991.
Section 335-3-15-.02................. General Provisions...... 8/10/00 12/8/00 65 FR 76940
Section 335-3-15-.03................. Applicability........... 11/23/93 10/20/94 59 FR 52916.
Section 335-3-15-.04................. Synthetic Minor 10/15/96 06/06/97 62 FR 30991.
Operating Permit
Requirements.
Section 335-3-15-.05................. Public Participation.... 10/15/96 06/06/97 62 FR 30991.
Appendices
----------------------------------------------------------------------------------------------------------------
Appendix 11.2........................ Emissions Statements.... 11/13/92 11/13/92 59 FR 39684.
Appendix 11.1........................ Small Business 11/13/92 11/13/92 59 FR 54388.
Stationary Source
Technical and
Environmental
Assistance Program.
Appendix F........................... Maintenance Plan for the 09/28/93 09/28/93 60 FR 2029.
Leeds Area.
Chapter No. 335-3-17, Section 335-3-1- Transportation 03/27/98 05/11/00 65 FR 30361
.01. Conformity.
Chapter No. 335-3-17, Section 335-3-1- General Conformity...... 03/27/98 05/11/00 65 FR 30362
.02.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source specific requirements.
EPA-Approved Alabama Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State EPA
Name of source Permit effective approval Comments
number date date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved Alabama non-regulatory provisions.
----------------------------------------------------------------------------------------------------------------
State effective Federal Register
Provision date EPA approval date notice Comments
----------------------------------------------------------------------------------------------------------------
Birmingham 1990 Baseline November 13, 1992. 06/04/99.............. 64 FR 29961
Emissions Inventory.
Alabama Interagency January 20, 2000.. 05/11/00.............. 65 FR 30362
Transportation Conformity
Memorandum of Agreement.
----------------------------------------------------------------------------------------------------------------
[63 FR 70672, Dec. 22, 1998, as amended at 64 FR 9918, Mar. 1, 1999; 64
FR 29961, June 4, 1999; 64 FR 59635, Nov. 3, 1999; 65 FR 30361, 30362,
May 11, 2000; 65 FR 76939, Dec. 8, 2000]
Sec. 52.51 Classification of regions.
The Alabama plan was evaluated on the basis of the following
classifications:
[[Page 63]]
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Alabama & Tombigbee Rivers Intrastate................ II III III III III
Columbus (Georgia)-Phenix City (Alabama) Interstate.. I III III III III
East Alabama Intrastate.............................. I III III III III
Metropolitan Birmingham Intrastate................... I II III I I
Mobile (Alabama)-Pensacola-Panama City (Florida)- I I III III I
Southern Mississippi Interstate.....................
Southeast Alabama Intrastate......................... II III III III III
Tennessee River Valley (Alabama)-Cumberland Mountains I I III III III
(Tennessee) Interstate..............................
----------------------------------------------------------------------------------------------------------------
[37 FR 10847, May 31, 1972]
Sec. 52.53 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Alabama's plans for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plans satisfy all requirements of Part D,
Title I, of the Clean Air Act as amended in 1977. In addition, continued
satisfaction of the requirements of Part D for the ozone portion of the
SIP depends on the adoption and submittal of RACT requirements by July
1, 1980 for the sources covered by CTGs issued between January 1978 and
January 1979 and adoption and submittal by each subsequent January of
additional RACT requirements for sources covered by CTGs issued by the
previous January.
[45 FR 37431, June 3, 1980]
Sec. 52.56 Review of new sources and modifications.
Part D conditional approval. The plan's provisions for review of new
sources and modifications in nonattainment areas are approved on
condition that the State submit any necessary corrections by March 9,
1984 and, during the interim, implement these regulations in a manner
consistent with EPA requirements.
[48 FR 9860, Mar. 9, 1983]
Sec. 52.57 Control strategy: Sulfur oxides.
(a) The requirements of Subpart G of this chapter are not met since
the Alabama plan does not provide for attainment and maintenance of the
national standards for sulfur oxides in the vicinity of the Widows Creek
Power Plant in Jackson County, Alabama. Therefore, Part 5.1, Fuel
Combustion, of Chapter 5, Control of Sulfur Compound Emissions, of the
rules and regulations of the State of Alabama, as adopted by the Alabama
Air Pollution Control Commission on May 29, 1973, and amended on March
25, 1975, which is part of the revised sulfur oxide control strategy, is
disapproved as it applies to the Widows Creek Plant. Part 5.1 of the
Alabama rules and regulations as adopted on January 18, 1972, remains
the implementation plan regulation applicable to that source.
(b) [Reserved]
[41 FR 42674, Sept. 28, 1976, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.58 Control strategy: Lead.
The lead plan submitted by the State on March 24, 1982, is
disapproved because it fails to provide for the attainment of the lead
standard throughout Alabama. The lead plan submitted by the State on
October 7, 1985, and November 13, 1986, for Jefferson County is
conditionally approved on the condition that the State by October 1,
1987, determine what additional control measures may be necessary, if
any, to assure attainment and maintenance as expeditiously as
practicable but no later than the applicable attainment deadline and
submit those measures to EPA for approval, together with an appropriate
demonstration of attainment. The provisions in the regulation submitted
on October 7, 1985, that give the Jefferson County Health Officer
[[Page 64]]
discretion to vary the requirements of the regulation are approved as
limits on that discretion, but any variances that may result from those
provisions are not approved in advance and hence change the applicable
implementation plan only when approved by EPA on a case-by-case basis.
[49 FR 18738, May 2, 1984, as amended at 52 FR 4291, Feb. 11, 1987]
Sec. 52.60 Significant deterioration of air quality.
(a) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of Alabama shall be
submitted to the Division of Air Pollution Control, Alabama Air
Pollution Control Commission, 645 South McDonough Street, Montgomery,
Alabama 36103, rather than to EPA's Region IV Office.
(b) On March 24, 1987, the Alabama Department of Environmental
Management submitted a letter committing the State of Alabama to require
that modeling for PSD permits be done only in accordance with the
``Guideline on Air Quality Models (Revised)'' or other models approved
by EPA.
[42 FR 22869, May 5, 1977, as amended at 46 FR 55518, Nov. 10, 1981; 52
FR 48812, Dec. 28, 1987]
Sec. 52.61 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated into the applicable plan for the State of Alabama.
[52 FR 45138, Nov. 24, 1987]
Sec. 52.62 Control strategy: Sulfur oxides and particulate matter.
In a letter dated May 29, 1987, the Alabama Department of Health and
Environmental Control certified that no emission limits in the State's
plan are based on dispersion techniques not permitted by EPA's stack
height rules. The certification does not apply to: Alabama Electric
Cooperative--Lowman Steam Plant; Alabama Power Company-Gorgas Steam
Plant, Gaston Steam Plant, Greene County Steam Plant, Gadsden Steam
Plant, Miller Steam Plant, and Barry Steam Plant; Alabama River Pulp;
Champion International Corporation; Container Corporation of America;
Exxon Company's Big Escambia Creek Treating Facility; General Electric's
Burkville Plant; International Paper; Scott Paper Company; Tennessee
Valley Authority's Colbert, and Widows Creek Steam Plant; Union Camp
Corporation; and U.S. Steel.
[55 FR 5846, Feb. 20, 1990]
Sec. 52.63 PM10 State Implementation Plan development in
group II areas.
On March 15, 1989, the State submitted a committal SIP for the
cities of Leeds and North Birmingham in Jefferson County. The committal
SIP contains all the requirements identified in the July 1, 1987,
promulgation of the SIP requirements for PM10 at 52 FR 24681.
The SIP commits the State to submit an emissions inventory, continue to
monitor for PM10, report data and to submit a full SIP if a
violation of the PM10 and National Ambient Air Quality
Standards is detected.
[56 FR 32514, July 17, 1991]
Sec. 52.64 [Reserved]
Sec. 52.65 Control Strategy: Nitrogen oxides.
On October 22, 1990, the Alabama Department of Environmental
Management submitted a revision to Chapter 2, Control Strategy, by
adding subsection 4.2.3. This revision addressed the strategy Alabama is
using to implement provisions of the Prevention of Significant
Deterioration regulations for nitrogen oxides.
[57 FR 24370, June 9, 1992]
Sec. 52.66 Control Strategy: Ozone.
(a) The redesignation request submitted by the State of Alabama, on
March 16, 1995 for the Birmingham marginal ozone nonattainment area from
nonattainment to attainment was disapproved on September 19, 1997.
(b) The State of Alabama is required to submit an attainment
demonstration SIP for the Birmingham 1-hour
[[Page 65]]
ozone nonattainment area by April 27, 2001. For purposes of the SIP
revision required by this section, EPA may make a finding as applicable
under section 179(a)(1)-(4) of the CAA, 42 U.S.C. 7509(a)(1)-(4),
starting the sanctions process set forth in section 179(a) of the CAA.
Any such finding will be deemed a finding under Sec. 52.31(c) and
sanctions will be imposed in accordance with the order of sanctions and
the terms for such sanctions established in Sec. 52.31.
[62 FR 49158, Sept. 19, 1997, as amended at 65 FR 64357, Oct. 27, 2000;
65 FR 67796, Nov. 13, 2000]
Sec. 52.69 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Alabama'' and all revisions submitted by Alabama that
were federally approved prior to December 1, 1998.
(b) The plan was officially submitted on January 25, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Letter informing Governor of Florida of submittal of Alabama
Implementation Plan submitted on March 21, 1972, by the Alabama Air
Pollution Control Commission.
(2) Compliance schedules submitted on April 18, 1972, by the Alabama
Air Pollution Control Commission.
(3) Clarifying comments on the plan submitted on April 28, 1972, by
the Alabama Air Pollution Control Commission.
(4) Semi-annual report, miscellaneous non-regulatory additions to
the plan, compliance schedules and miscellaneous regulatory additions to
Chapters 3, 4, 5 and 9 submitted on February 15, 1973, by the Alabama
Air Pollution Control Commission.
(5) Transportation control plans submitted on April 24, 1973, by the
Alabama Air Pollution Control Commission.
(6) Miscellaneous non-regulatory additions to the plan submitted on
June 29, 1973, by the Alabama Air Pollution Control Commission.
(7) Miscellaneous non-regulatory additions and complex source
regulation, Chapter 10, submitted on September 26, 1973, by the Alabama
Air Pollution Control Commission.
(8) Plan revisions to Chapter 5 concerning sulfur compound emissions
submitted on October 31, 1973, by the Alabama Air Pollution Control
Commission.
(9) Revision to Part 4.10, Primary Aluminum Plants, and redefinition
of ``Solid Particulate Matter'' in section 1.2.1 submitted on May 27,
1974, by the Alabama Air Pollution Control Commission.
(10) AQMA identifications submitted on June 17, 1974, by the Alabama
Air Pollution Control Commission.
(11) Coke oven regulations, Part 4.9 excluding section 4.9.4,
submitted on June 20, 1974, by the Alabama Air Pollution Control
Commission.
(12) Revised limits on particulate emissions from Portland cement
plants, submitted on June 4, 1975, by the Alabama Air Pollution Control
Commission.
(13) Revised limits on sulfur dioxide and sulfuric acid mist
emissions from sulfuric acid plants, submitted on July 25, 1975, by the
Alabama Air Pollution Control Commission.
(14) Revised area classification system for fuel combustion sources
of sulfur dioxide and initial classification of Counties, submitted on
May 1 and October 9, 1975, respectively, by the Alabama Air Pollution
Control Commission.
(15) Revised emergency level for photochemical oxidants (emergency
episode control plan) submitted by the Alabama Air Pollution Control
Commission on April 23, 1976.
(16) Revised SO2 emissions from gas processing plants
submitted by the Alabama Air Pollution Control Commission on July 21,
1976.
(17) Regulations equivalent to EPA's New Source Performance
Standards (40 CFR part 60) and continuous monitoring requirements for
existing stationary sources (40 CFR 51.19), submitted by the Alabama Air
Pollution Control Commission on October 28, 1976.
(18) Revised regulations for the charging and pushing of coke in
existing conventional batteries, submitted by the Alabama Air Pollution
Control Commission on July 14, 1978.
(19) Part 4.12, dealing with particulate emissions from xylene
oxidation,
[[Page 66]]
submitted by the Alabama Air Pollution Control Commission on September
13, 1978.
(20) 1979 implementation plan revisions for nonattainment areas (TSP
and ozone), submitted on April 19, 1979, (as clarified by a letter of
August 10, 1979), by the Alabama Air Pollution Control Commission.
(21) Revisions in permit regulations as follows: (i) Title of
16.3.2. is changed to ``Permits to Construct in or near Nonattainment
Areas;'' (ii) a subparagraph (9), ``Significant Impact,'' is added to
paragraph 16.3.2.(b); (iii) paragraph 16.3.2.(c) is revised; and (iv)
subparagraph 16.3.2.(d)(5) is deleted; these revisions were adopted on
February 13, 1980, and submitted on February 20, 1980, by the Alabama
Air Pollution Control Commission to correct deficiencies in the Part D
revisions given conditional approval by EPA on November 26, 1979.
(22) 1979 implementation plan revisions for sulfur dioxide
nonattainment areas in Colbert, Lauderdale, and Jackson Counties,
adopted on August 28, 1979, and submitted on September 6, 1979 by the
Alabama Air Pollution Control Commission.
(23) Request for an 18-month extension of the statutory deadline for
submitting a plan to attain and maintain the secondary standard for
sulfur dioxide in the Jackson County nonattainment area, submitted on
September 6, 1979, by the Alabama Air Pollution Control Commission.
(24) Revision to the State Implementation Plan to delete the
indirect source regulations submitted by the Alabama Air Pollution
Control Commission on December 12, 1978.
(25) Revised emergency episode control plan, updating procedures and
raising the alert level for ozone from 0.10 ppm to 0.15 ppm, submitted
by the Alabama Air Pollution Control Commission on January 11, 1980.
(26) Revision to the State Implementation Plan for an air quality
surveillance network was submitted by the Alabama Air Pollution Control
Commission on January 9, 1980.
(27) Alternative compliance schedules for nine sources of volatile
organic compounds, submitted by the Alabama Air Pollution Control
Commission on July 3, 1980.
(28) Revisions to Chapter 6 of the Alabama Rules and Regulations
were submitted by the Alabama Air Pollution Control Commission on April
1, 1981.
(29) Alternative TSP control strategy for 3M Company's Guin plant,
submitted on February 4, 1981, by the Alabama Air Pollution Control
Commission.
(30) Revisions in Chapters 12 and 13, adopting Federal NSPS and
NESHAPS regulations by reference, submitted by the Alabama Air Pollution
Control Commission on June 26, 1981.
(31) Alternative compliance schedules for VOC sources, submitted on
June 25, 1981, by the Alabama Air Pollution Control Commission.
(32) Regulations providing for prevention of significant
deterioration (additions to Chapter 16 of the Alabama regulations),
submitted on January 29, 1981, by the Alabama Air Pollution Control
Commission.
(33) Alternative particulate control requirements for Kimberly-Clark
Corporation's 3 bark boiler, Coosa Pines (revisions in Part 4.8 of the
Alabama regulations), submitted by the Alabama Air Pollution Control
Commission on February 4 and August 31, 1981.
(34) Request for 18-month extension of the deadline for submitting a
plan to attain and maintain the secondary ambient standard for
particulate matter in the Etowah County nonattainment area, submitted on
May 19, 1981, by the Alabama Air Pollution Control Commission.
(35) Revision for Jackson County secondary sulfur dioxide
nonattainment area, submitted on June 9, 1980, by the Alabama Air
Pollution Control Commission.
(36) Set II VOC regulations, submitted on February 12, 1982, by the
Alabama Air Pollution Control Commission and on May 5, 1983, by the
Alabama Department of Environmental Management.
(37) Provisions for new source review in nonattainment areas
(changes in Chapter 16 of the regulations), submitted on March 31, 1981,
by the Alabama Air Pollution Control Commission.
[[Page 67]]
(38) Bubble for Union Camp Corporation's Prattville, Alabama kraft
pulp mill, submitted on January 21, 1983, January 20, 1984, and March 9,
1984, by the Alabama Department of Environmental Management (ADEM).
(i) Incorporation by reference.
(A) Alabama Department of Environmental Management Resolution and
Regulation 4.8.4, dealing with control of particulate emissions from
wood waste boilers, was adopted on December 9, 1983.
(B) Alabama Environmental Management Commission Resolution and
Regulation 4.7.5, dealing with particulate emissions from kraft pulp
mills, was adopted on March 7, 1984.
(ii) Other material.
(A) None.
(39) Changes to air permit requirements, submitted on February 19,
1985, and on March 28, 1985, by the Alabama Department of Environmental
Management (ADEM).
(i) Incorporation by reference.
(A) Amendment to ADEM Air Rules & Regulations Chapter 16.1,
submitted on March 28, 1985, and State-adopted on March 13, 1985. Allows
delegation of permitting authority to locals.
(B) Amendment to ADEM Air Rules & Regulations Chapter 16.1, 16.2,
16.3, and 16.4, submitted on February 19, 1985, and State-adopted on
February 13, 1985. Consolidates Permit to Construct, Operate and
Temporary Permit, into one Air Permit.
(ii) Additional information.
(A) None.
(40) Visibility new source review regulations as visibility
monitoring strategy were submitted to EPA on November 20, 1985.
(i) Incorporated by reference.
(A) Letter of November 20, 1985, from the Alabama Department of
Environmental Management, and the following regulation Changes to
Paragraphs 16.3.2 and 16.4 to Address Visibility Requirements adopted by
the Alabama Environmental Management Commission on November 13, 1985:
16.3.2(b)--(Permits to Construct in or Near Nonattainment Areas--
Definitions)
16.3.2(f)--(Permits to Construct in or Near Nonattainment Areas--
visibility protection provisions)
16.4.2--(Permits to Construct in Clean Air Areas--Definitions)
16.4.12--(Visibility Monitoring)
16.4.15--(Sources Impacting Federal Class I Areas--Additional
Requirements)
(ii) Additional material.
(A) Narrative Visibility SIP which includes the State's visibility
monitoring strategy.
(41) State implementation plan revisions, submitted by the
Department of Environmental Management on May 17, 1985.
(i) Incorporation by reference.
(A) Amendments to Alabama Department of Environmental Management's
(ADEM) Air Rules and Regulations: addition of Paragraphs 4.3.5, 4.7.6,
4.7.7, 4.8.3(a), 4.8.3(b), 4.8.3(c), revision of Paragraph 4.8.3,
adopted on October 10, 1984.
(B) Resolution by the Alabama Environmental Management Commission
adopting the proposed regulations into the ADEM's Air Rules and
Regulations on October 10, 1984.
(ii) Other material.
(A) Dispersion modelling of area around Kimberly Clark Corporation's
Talledega County facility.
(42) State implementation plan for attainment and maintenance of the
lead standards in all areas except Jefferson County, submitted on March
28, 1985, by the Alabama Department of Environmental Management.
(i) Incorporation by reference.
(A) Regulation for existing secondary lead smelters located in Pike
County, Alabama (Regulation 4.15.6), which was adopted by the Alabama
Department of Environmental Management on March 13, 1985. Under
applicable law, EPA approval is required for discretionary actions of
the Director of the Alabama Department of Environmental Management that
may increase lead concentrations in the ambient air.
(B) Letter of May 6, 1985 from Ababama Department of Environmental
Management to EPA, and Regulation pertaining to secondary lead smelter
exhaust stack gases (Regulation 4.15.3), which was adopted by the
Alabama Air Pollution Control Commission on March 23, 1982.
(ii) Other material.
(A) Narrative SIP, titled, ``State of Alabama'a Plan for the
Attainment of the National Ambient Air Quality
[[Page 68]]
Standard for Lead,'' dated December 1984.
(43) [Reserved]
(44) Volatile Organic Compound regulation changes were submitted to
EPA on September 23, 1985.
(i) Incorporation by reference.
(A) Letter of September 23, 1985 to EPA from Alabama Department of
Environmental Management and changes to Chapter 6 of the Alabama Air
Pollution Control Rules and Regulations (Control of Volatile Organic
Compounds) which were adopted by the Alabama Environmental Management
Commission on September 18, 1985, specifically, the revisions to
6.1.1(a), 6.1.2, and 6.1.3 and the addition of 6.1.4 and 6.1.5.
(ii) Other material--none.
(45) State implementation plan for attainment and maintenance of
lead standards in Jefferson County, submitted on October 7, 1985, by the
Alabama Department of Environmental Management, and on November 13,
1986, by the Jefferson County Health Department.
(i) Incorporation by reference.
(A) Jefferson County Department of Health Regulation 611, Secondary
Lead Smelters (excluding paragraphs 6.11.2(a) and 6.11.2(b)) which was
adopted on September 11, 1985.
(B) November 13, 1986, letter to EPA from the Jefferson County
Department of Health, and Appendix C of the Alabama Lead SIP for
Jefferson County (Revised Schedule for the RACT-plus study) which was
adopted on November 12, 1986.
(ii) Other material.
(A) Narrative SIP, entitled ``State Implementation Plan for the
Attainment of the National Ambient Air Quality Standard for Lead in
Jefferson County'' dated September 1984.
(46) Stack height regulations were submitted to EPA on September 26,
1986, by the Alabama Department of Environmental Management.
(i) Incorporation by reference.
(A) Letter of September 26, 1986, from the Alabama Department of
Environmental Management, transmitting stack height regulations.
(B) Section 16.3.3, Stack Heights, of the Alabama air pollution
control rules and regulations, which was adopted on September 18, 1986,
by the Alabama Environmental Management Commission.
(ii) Other material--none.
(47) Revisions to Alabama's New Source Review regulations were
submitted to EPA on April 17, 1987.
(i) Incorporation by reference.
(A) Letter of April 17, 1987, from the Alabama Department of
Environmental Management.
(B) Revisions to Alabama regulation 16.3.2, adopted by the Alabama
Department of Environmental Management (ADEM) on April 15, 1987.
(ii) Other material--none.
(48) Revised State Implementation Plan for attainment and
maintenance of lead standards in Jefferson County, submitted on August
5, 1988, by the Alabama Department of Environmental Management.
(i) Incorporation by reference.
(A) Air permits incorporating revised regulations for existing
secondary lead smelters located in Jefferson County, Alabama (Regulation
6.11), adopted by the Jefferson County Board of Health on May 11, 1988.
(B) [Reserved]
(ii) Other material. (A) Narrative SIP, entitled ``State
Implementation Plan for the Attainment of the National Ambient Air
Quality Standard for Lead in Jefferson County,'' dated February 19,
1988.
(B) [Reserved]
(49) SO2 revisions for Secondary Lead Smelters, submitted
by the Alabama Department of Environmental Management on June 30, 1989.
(i) Incorporation by reference.
(A) The following revisions to Chapter 6 of Jefferson County Board
of Health Air Pollution Control Rules and Regulations, which became
effective June 14, 1989.
(1) 6.11.2(o)
(B) The following revisions to chapter 7 of Jefferson County Board
of Health Air Pollution Control Rules and Regulations which became
effective June 14, 1989 as follows:
(1) 7.5.3 (3) 7.5.5
(2) 7.5.4 (4) 7.5.6
(ii) Additional material. (A) Letter of June 30, 1989, submitted by
the Alabama Department of Environmental Management.
[[Page 69]]
(B) Modeling analysis for Interstate Lead Corporation which was
submitted by Jefferson County, Alabama on April 5, 1989.
(50) Changes in Alabama's Regulations which were submitted to EPA on
May 29, 1987, by the Alabama Department of Health and Environmental
Management.
(i) Incorporation by reference.
(A) Changes in Alabama's Regulation which were adopted on May 20,
1987:
(1) Chapter 5, Control of Sulfur Compound Emissions: Section
5.1.1(d) & (e) and Sections 5.3.4 (Applicability), 5.3.4 (a) & (b),
5.3.5 (a) & (b), 5.3.6, 5.3.7, 5.3.8, & 5.3.9.
(ii) Other Material.
(A) Modeling analysis for Exxon Company's Big Escambia Creek
Treating Facility and Tennessee Valley Authority's Colbert Steam Plant.
(51) The recodified Air Division Administrative Code Rules of the
Alabama Department of Environmental Management submitted on October 31,
1989 as revisions to Alabama's State Implementation Plan. These rules
became effective on June 22, 1989.
(i) Incorporation by reference.
(A) Alabama Department of Environmental Management Administrative
Code Rules 335-3 and appendices A-F, revision effective June 22, 1989,
except for the following rules:
335-3-1-.02(1)--Definitions: (b), (c), (j), (pp), (xx), (yy), (bbb),
(ccc), (nnn), (sss), and (yyy).
335-3-2-.02--Episode Criteria: (4)(b); (4)(c), (d) and (e); and (5)(b),
(c), (d), and (e); (6)(b), (c), (d), and (e).
335-3-4--Control of Particulate Emissions; .01(1)(a), (b), and (d)(1),
(2), (3), (4), and (5); .01(2); and .04(1)(a)
335-3-5-.03--Petroleum Production: (4)
335-3-14--Permits: .03(1)(g)(1)
(ii) Other material--None.
(52) Provisions for PM10 submitted on June 29, 1988, and
October 3, 1989, by the Alabama Department of Environmental Management.
(i) Incorporation by reference.
(A) The following revisions submitted on June 29, 1988, to Chapters
1, 2 and 16 were effective June 16, 1988. These Chapters were recodified
as Chapters 335-3-1, 335-3-2 and 335-3-14, respectively, effective June
22, 1989.
(1) Definitions--1.2.1 recodified 335-3-1-.02(1) bbb, eee, nnn, and
yyy.
(2) Air Pollution Emergency--Chapter 2 recodified as 335-3-2.
(3) Permits--Chapter 16 recodified as 335-3-14, except .03(1)(g)(1).
(B) The following revisions submitted on October 3, 1989, to
Chapters 35-3-1 and 335-3-14 were effective September 21, 1989.
(1) Definitions--335-1-.02 (1) (yy) and (ccc).
(2) Permits--335-3-14.
(i) 335-3-14-.03(1)(g)(1).
(53) October 8, 1988, and March 15, 1989, revisions to Jefferson
County's Implementation Plan for PM10 were submitted by the
Alabama Department of Environmental Management. The submittal included a
committal SIP.
(i) Incorporation by reference.
(A) The following revisions submitted on March 15, 1989, to chapters
1, 2, and 4 of Jefferson County Implementation Plan for PM10
were effective February 8, 1989.
Chapter I--Chapter I General Provisions:
1.3 (Definitions):
Soiling Index, PM10, Particulate Matter, PM10
emission, Total Suspended Particulate, Citation, Control Device,
Employee, Six Minute Average, Violator.
Chapter 2--Permits: 2.3.1(g)(1), (2), and (3); 2.3.2.(b)(11) and 20;
2.3.4 (a)(5); 2.3.2 (2); 2.4.2.(w) (1) and (2); 2.4.3; 2.4.8(h),
2.4.8(k) and (l); 2.4.12(a)(7) and 8; 2.4.15(e); and 2.4.19(a).
Chapter 4--Air Pollution Emergency: 4.3.4(b), (c), (d), and (e);
4.3.5(b), (c), (d), and (e); and 4.3.6(b), (c), (d), and (e).
(ii) Other material.
(A) March 15, 1989, letter from the Alabama Department of
Environmental Management.
(54)-(55) [Reserved]
(56) Revisions to the VOC portion of the Alabama SIP were submitted
on April 20, 1987, November 7, 1990, May 22, 1991, and October 4, 1991,
and July 5, 1991, by the State of Alabama. These revisions were adopted
on April 15, 1987; October 10, 1990; November 14, 1990, and May 8, 1991;
September 18, 1991, respectively by the Jefferson County Board of
Health.
(i) Incorporation by reference.
(A) Jefferson County Department of Health Air Pollution Control
Program Rules and Regulations, Chapter 8 (Control of VOC Emissions) and
Chapter 1 (Definitions) effective April 8, 1987.
[[Page 70]]
(1) Chapter 1--General Provisions: Section 1.3.
(2) Chapter 8--Control of Volatile Organic Compound (VOC) Emissions,
except for 8.16.13.
(ii) Other material--none.
(57) Revisions to Chapters 335-3-1 and 335-3-6 of the Alabama
Department of Environmental Management Administrative Code which were
submitted on October 19, 1989, and on July 5, 1991, and adopted into the
Alabama Department of Environmental Management Administrative Code on
August 16, 1989 and June 26, 1991.
(i) Incorporation by reference.
(A) Amendments to the Alabama regulations 335-3-1-.02, 335-3-
6-.02(1); 335-3-6-.03(1); 335-3-6-.24(1); 335-3-6-.26; 335-3-6-.27; 335-
3-6-.28; 335-3-6-.29; 335-3-6-.30; 335-3-6-.31; 335-3-6-.32; 335-3-
6-.33; 335-3-6-.34; 335-3-6-.35; 335-3-6-.36; 335-3-6-.37 with the
exception of Subsection 335-3-6-.37(10)(a); 335-3-6-.38; 335-3-6-.39;
335-3-6-40; 335-3-6-.41; 335-3-6-.42; 335-3-6-43; 335-3-6-44; 335-3-6-
45; 335-3-6-.46; 335-3-6-.47; 335-3-6-.49; 335-3-6-.51; 335-3-6-.53
effective July 31, 1991.
(ii) Other material--None.
(58) Revisions to include NO2 increment requirements in
Chapter 2 of the SIP and the PSD regulations, Chapter 335-3-14 of the
Alabama Department of Environmental Management Administrative Code which
was submitted on October 22, 1990.
(i) Incorporation by reference.
(A) Revisions to 335-3-14-.04, ``Air Permits Authorizing
Construction in Clean Air Areas,'' of the Alabama Department of
Enironmental Management Administrative Code, which became effective
November 1, 1990.
(ii) Other material. (A) Letter dated October 22, 1990, from the
Alabama Department of Environmental Management.
(B) Letter dated April 30, 1991, from the Alabama Department of
Environmental Management regarding minimum program elements.
(59) [Reserved]
(60) Provisions for visible emissions were submitted by the Alabama
Department of Environmental Management on June 11, 1979.
(i) Incorporation by reference.
(A) 335-3-4.01 Visible Emissions, adopted May 17, 1989.
(ii) Other material.
(A) None.
(61) Revisions to the Alabama SIP to correct errors and to add
offset ratios which were submitted on November 10, 1992.
(i) Incorporation by reference.
(A) Amendments to the following sections of the Alabama
regulations--335-3-6-.04(4), 335-3-14-.03(2)(b)15, 335-3-14-.03(2)(b)17,
335-3-14-.03(2)(b)18, 335-3-14-.03(2)(b)20, 335-3-14-.03(2)(c)2, 335-3-
14-.03(2)(e), 335-3-14-.03(2)(g)1(i), 335-3-14-.03(2)(g)1(ii), and
Appendix D--were adopted by the State on October 23, 1992.
(ii) Other material.
(A) Letter of November 10, 1992, from the Alabama Department of
Environmental Management.
(62) The Alabama Department of Environmental Management has
submitted revisions to chapter 11 of the Alabama Statute on November 13,
1992. These revision address the requirements of section 507 of Title V
of the CAA and establish the Small Business Stationary Source Technical
and Environmental Assistance Program (PROGRAM).
(i) Incorporation by reference.
(A) Alabama statute 11.1, effective November 13, 1993.
(ii) Additional information--None.
(63) Provisions for coke ovens were submitted by the Alabama
Department of Environmental Management on September 25, 1985.
(i) Incorporation by reference.
(A) Alabama Department of Environmental Management Administrative
Code, Chapter 335-3-4-.17, Steel Mills Located in Etowah County, adopted
September 18, 1985.
(ii) Other material.
(A) None.
(64) Revisions to provide synthetic minor operating permit rules
submitted by the Alabama Department of Environmental Management on
December 20, 1993.
(i) Incorporation by reference.
(A) Alabama Department of Environmental Management Air Division
Administrative Code, Chapter 335-3-4-.10, -11, -14, -15, and Appendix D,
adopted November 23, 1993.
(ii) Other material. None.
[[Page 71]]
(65) Revisions to the State of Alabama State Implementation Plan
(SIP) concerning emission statements were submitted on November 13,
1992, by the Alabama Department of Environmental Management.
(i) Incorporation by reference. The Addition of Section 11.2 of the
Alabama Regulations was effective on November 13, 1992.
(ii) Other material. Letter dated November 13, 1992, from the
Alabama Department of Environmental Management.
(66) The Alabama Department of Environmental Management has
submitted revisions to Alabama SIP on September 28, 1993. These
revisions address the requirements necessary to change the Leeds area of
Jefferson County, Alabama, from nonattainment to attainment for lead.
The submittal includes the maintenance plan for the Leeds Area.
(i) Incorporation by reference.
(A) Plan for Maintenance of the NAAQS for Lead in the Jefferson
County (Leeds) Area after Redesignation to Attainment Status effective
on September 28, 1993.
(ii) Additional information. None.
(67) [Reserved]
(68) The State of Alabama submitted a SIP submittal to revise the
ADEM Administrative Code for the Air Pollution Control Program on August
14, 1995. These revisions involve changes to Chapter 335-3-14--Air
Permits.
(i) Incorporation by reference.
(1) Amendments to the following sections of the Alabama
regulations--335-3-14-.04, and 335-3-14-.05 which were adopted on March
21, 1995.
(ii) Other material. None.
(69) The State of Alabama submitted revisions to the ADEM
Administrative Code for the Air Pollution Control Program on October 30,
1995, and December 14, 1995. These revisions involve changes to Chapter
335-3-1--General Provisions.
(i) Incorporation by reference. Section 335-3-1-.02 (gggg) of the
Alabama regulations adopted on November 28, 1995.
(ii) Other material. None.
(70) The State of Alabama submitted revisions to the ADEM
Administrative Code for the Air Pollution Control Program on October 30,
1996. These revisions involve changes to Chapters 335-3-1, -2, -3, -4, -
5, -6, -8, -9, -12, -13, -14, Appendices C, E, and F.
(i) Incorporation by reference. Chapters 335-3-1-.02(gggg)(23-25);
335-3-1-.04(1-2); 335-3-1-.06(3); 335-3-1-.08; 335-3-1-.09(11); 335-3-
1-.11; 335-3-2-.02(c); 335-3-2-.08(3); 335-3-3-.01(8); 335-3-4-.01(1)(a-
b), (3); 335-3-4-.04(5); 335-3-4-.07(6-7); 335-3-4-.08(2), (3), (3)(b),
(4)(b); 335-3-4-.09(1)(4a-b), (4)(c); 335-3-4-.11(2); 335-3-
4-.14(2)(a)2, (2)(b)3; 335-3-4-.15(5-6), (6)(e), (6)(g)1; 335-3-
4-.17(4), (7-9); 335-3-5-.01(2), (2)(b), (4); 335-3-5-.02(1-3); 335-3-
5-.03(4), (4)(b), (5)(b), (8); 335-3-5-.04(10)(d), (12)(b); 335-3-
6-.01(3-6); 335-3-6-.04(4); 335-3-6-.05(3), (4), (5)(a), (5)(f), (6),
(7); 335-3-6-.06(3)(a), (3)(a)3, (4-5); 335-3-6-.07(1), (2)(d), (3),
(4), (4)(c), (5)(a), (5)(c), (7); 335-3-6-.11(1)(a), (1)(b-c), (2)(a),
(2)(b-c), (3), (3)(b-c), (4)(a), (4)(b-d), (5)(a), (5)(b-c), (6)(a),
(6)(b-c), (7)(a), (7)(b-c), (8)(a-c), (9)(a)3, (9)(b), (10)(a), (10)(b),
(10)(c-d), (11)(a), (11)(b), (11)(c), (11)(d-e); 335-3-6-.12(4), (5),
(6), (6)(b)3; 335-3-6-.13(2)(a); 335-3-6-.15(1)(a), (1)(b), (2)(a),
(2)(c), (3)(a), (3)(b), (4)(a), (4)(c-d), (5); 335-3-6-.16(1)(e)1,
(1)(e)2I, (2)(g)1, 335-3-6-.49(1), (5)(a); 335-3-6-.50(1); 335-3-
6-.53(13); 335-3-8-.02(1); 335-3-9-.01(3); 335-3-12-.02(2); 335-3-
13-.02(3); 335-3-13.03(3); 335-3-13-.04(3); 335-3-13-.05(3); 335-3-
13-.06(3); 335-3-14-.01(1)(b-c), (1)(e), (1)(g), (1)(k), (1)(k)1-5,
(6)(a), (6)(b), (6)(b)1, (6)(b)3, (6)(c), (7)(a)2, (7)(c-d); 335-3-
14-.02(1)(a), (4)(b-c), (4)(e)1, (4)(e)4, (5)(a-c); 335-3-14-.03(1)(g)1-
3, (1)(h)2(V), (2)(a), (2)(a)4(V), (2)(a)6(i-ii), (2)(a)7, (2)(a)7(i-
ii), (2)(a)7(I), (2)(a)(7)(II)(iii), (2)(b-c), (2)(f-g); 335-3-
14-.04(2), (2)(a)1(i-iii), (2)(b)1, (2)(c)2(i), (2)(c)4, (2)(c)6(i-ii),
(2)(f), (2)(i), (2)(i)1, (2)(m)1, (2)(m)1(i), (2)(n)2, (2)(u)1, (2)(u)4,
(2)(w)3, (6)5(b), (8)(a-d), (8)(e-f), (8)(g-h), (8)(h)3, (8)(k), (8)(l),
(11)(a), (12)(a)(6-8), (12)(c), (13)(a), (15)(c), (15)(f-h), (17)(c),
(18)(a), (18)(b)2-3, (18)(c), (18)(d), (19)(a), (19)(c); 335-3-
14-.05(2)(c)1(ii), (2)(l), (3), (3)(c), (4)(c), (4)(c)2, (4)(d), (5-6),
(6)(c), (7)(a), (9)(c)2, (9)(d), (11), (12)(a), (13)(b)7; 335-3-
15-.01(b), (d-f), (h); 335-3-15-.02(3-4), (7)(c), (8)(f), (8)(h)2,
(8)(h)4(i), (8)(h)4(iv), (9)(a)4(iv)1-3, (9)(a)4(iv)(V), (9)(a)6(i-ii),
(9)(a)7, (9)(a)7(i-ii), (9)(a)7(ii)(I), (9)(a)7(iii), (9)(b-c), (9)(f-
g); 335-3-15-.04(1)(a-d), (1)(e), (1)(g-h), (2)(a)(3)(c),
[[Page 72]]
(4)(a-b); and 335-3-15-.05(a) were adopted on October 15, 1996.
(ii) Other material. None.
(71) The State of Alabama submitted revisions to the ADEM
Administrative Code for the Air Pollution Control Program on October 30,
1996. These revisions involve changes to Chapters 335-3-1, 335-3-3 and
335-3-6.
(i) Incorporation by reference. Chapters 335-3-1-.02(gggg)(24-27),
335-3-3-.01(9) and 335-3-6-.16 except for (5) were adopted on August 19,
1997.
(ii) Other material. None.
(72) The State of Alabama submitted revisions to the ADEM
Administrative Code for the Air Pollution Control Program on March 5,
1998. These revisions involve changes to Chapters 335-3-1, 335-3-12,
335-3-14 and Appendix F.
(i) Incorporation by reference. Rules 335-3-1-.02(gggg), 335-3-
12-.02(1)(b), 335-3-14-.01(7)(c), 335-3-14-.05(2)(c)2, 335-3-
14-.05(3)(c), and Appendix F were adopted on February 17, 1998.
(ii) Other material. None.
[37 FR 10846, May 31, 1972. Redesignated at 63 FR 70672, Dec. 22, 1998]
Editorial Note: For Federal Register citations affecting Sec. 52.69,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
Subpart C--Alaska
Sec. 52.70 Identification of plan.
(a) Title of plan: ``State of Alaska Air Quality Control Plan.''
(b) The plan was officially submitted on April 25, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Modifications to the implementation plan including a revision to
Title 18, Chapter 50, section 160 and other nonregulatory provisions
submitted on June 22, 1972, by the Governor.
(2) Compliance schedules submitted on August 2, 1973, by the State
of Alaska Department of Environmental Conservation.
(3) Compliance schedules submitted on August 23, 1973, by the State
of Alaska Department of Environmental Conservation.
(4) Compliance schedules submitted on September 30, 1975, by the
State of Alaska Department of Environmental Conservation.
(5) Compliance schedules submitted on January 6, 1976, by the State
of Alaska Department of Environmental Conservation.
(6) Compliance schedules submitted on September 30, 1975, by the
State of Alaska Department of Environmental Conservation.
(7) Part D attainment plans for the Anchorage and Fairbanks carbon
monoxide nonattainment areas submitted by the Governor of Alaska on
January 18, 1980 as follows:
Volume II. Analysis of Problems, Control Actions
Section III. Areawide Pollutant Control Efforts, Subsection A.
Carbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks
Emergency Avoidance Plan)
Volume III. Appendices
III-1 A Review of Carbon Monoxide Emissions from Motor Vehicles during
Cold Temperature Operation
III-2 Cold Weather Related Strategy Support Development
III-3 Preliminary Assessment of Meteorological Conditions during Days of
Ambient Air Quality Violations in Anchorage
III-4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions
Inspection Program
III-5 Approach of Evaluating an Alaska I/M Program
III-6 Appendices to the Anchorage Air Quality Plan
III-7 Appendices to the Fairbanks Air Quality Plan
(8) On January 18, 1980, the State of Alaska Department of
Environmental Conservation submitted a plan revision to meet the
requirements of Air Quality Monitoring, 40 CFR part 58, subpart C,
Sec. 58.20, as follows:
Volume II. Analysis of Problems, Control Actions
Section V. Ambient Air Monitoring
A. Purpose
C. Air Monitoring Network
E. Annual Review
(9) Provisions of a State Air Quality Control Plan submitted by the
Governor of Alaska on January 18, 1980, as follows:
[[Page 73]]
Volume II. Analysis of Problems, Control Actions
Section I. Introduction
A. Summary
B. Air Quality Control Regions
C. Attainment/Nonattainment Designations
Section II. Alaskan Air Quality Control Programs
A. State Program
B. Local Programs
C. Resource Needs
Section III. Areawide Pollutant Control Efforts
A. Carbon Monoxide, Subpart 1.c (Other areas)
B. Total Suspended Particulate Matter
C. Ice Fog
D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
A. Summary
B. Description of Source Categories and Pollutants
C. Summary of Major Emitting Sources
D. History of Alaskan Point Source Program
F. Local Program Enforcement
G. New Source Review and Approval
H. Compliance Assurance
I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
B. Description of Previous Air Monitoring Network
Volume III. Appendices
I-1 Summary of Public Hearings, Written Testimony, etc.
I-2 Recommendations for attainment/Nonattainment designations
II-1 Alaska Statutes, except section 46.03.170
II-2 Regulations of the Fairbanks North Star Borough, except section
8.04.070
II-3 Fairbanks North Star Borough/Alaska Department of Environmental
Conservation Agreement
II-4 Municipality of Anchorage/Alaska Department of Environmental
Conservation Agreement
II-5 Alaska State Department of Law Legal Opinion
IV-1 Summaries of Emission Inventories
IV-2 D. Permit to Operate for the Fairbanks Municipal Utilities System
IV-3 Testing Procedures
V-1 Air Quality Data
An amended Appendix II-5, ``Alaska State Department of Law Legal
Opinion'' submitted by the State of Alaska Department of Environmental
Conservation on February 29, 1980. Amendments to the January 18, 1980
submittal, submitted by the State of Alaska Department of Environmental
Conservation on September 29, 1982 as follows:
Volume II. Analysis of Problems, Control Actions
Section I. Introduction
C. Attainment/Nonattainment Designations
Section III. Areawide Pollutant Control Efforts
D. Open Burning--Forest Practices
Section IV. Point Source Control Efforts
C. Summary of Major Emitting Sources
D. History of Alaskan Point Source Program
F. Local Program Enforcement
G. New Source Review and Approval
H. Compliance Assurance
I. State Air Quality Control Regulations
Section V. Ambient Air Monitoring
C. Air Monitoring Network
E. Annual Review
Volume III. Appendices
IV-4 ADEC Ambient Analysis Procedures
(10) On November 15, 1983 the State of Alaska Department of
Environmental Conservation submitted a revision to add a lead strategy
to the Alaska Implementation Plan.
(11) Provisions of a State Air Quality Control Plan submitted by the
Alaska Department of Environmental Conservation on November 15, 1983, as
follows:
VOLUME II. ANALYSIS OF PROBLEMS, CONTROL ACTIONS
Section I. BACKGROUND
A. INTRODUCTION
B. AIR QUALITY CONTROL REGIONS
C. ATTAINMENT/NONATTAINMENT DESIGNATIONS
D. PREVENTION OF SIGNIFICANT DETERIORATION DESIGNATIONS
Section II. STATE AIR QUALITY CONTROL PROGRAM
Section III. AREAWIDE POLLUTANT CONTROL PROGRAM
D. TOTAL SUSPENDED PARTICULATE MATTER
E. ICE FOG
F. OPEN BURNING
G. WOOD SMOKE POLLUTION CONTROL
Section IV. POINT SOURCE CONTROL PROGRAM
A. SUMMARY
1. Annual Review Report
B. STATE AIR QUALITY REGULATIONS
C. LOCAL PROGRAMS
D. DESCRIPTION OF SOURCE CATEGORIES AND POLLUTANTS
1. Typical Point Sources
2. Summary of Major Emitting Facilities
E. POINT SOURCE CONTROL
1. Introduction
F. FACILITY REVIEW PROCEDURES
1. Who needs a permit?
[[Page 74]]
2. Standard Application Procedures
3. PSD Application Procedures, Preliminary report and meeting, Pre-
construction monitoring, PSD application format
4. Nonattainment Application Procedures
G. APPLICATION REVIEW AND PERMIT DEVELOPMENT
1. Application Review
2. Permit Development Requirement, Monitoring and Testing
Requirements, Ambient Monitoring, Continuous Emissions Monitoring,
Source Testing
3. Prevention of Significant Deterioration Review, Basis of Program,
PSD Regulations, PSD Analysis Procedure
4. Nonattainment Area Review
5. New Source Performance Standards Source Review
6. Visibility Review
7. Sources under EPA Review
H. PERMIT ISSUANCE REQUIREMENTS
Section V. AMBIENT AIR MONITORING
A. PURPOSE
B. COMPLETED AIR MONITORING PROJECTS
1. Carbon Monoxide
2. Nitrogen Oxides
3. Sulfur Dioxide
4. Ozone
5. Total Suspended Particulates (TSP)
6. Lead
C. AIR MONITORING NETWORK
1. Network Description
2. Station Designations
3. Air Quality Monitoring Procedures
4. Ambient Sampling for Specific Pollutants
E. ANNUAL REVIEW
VOLUME III. APPENDICES
Section II. STATE AIR QUALITY CONTROL PROGRAM
II.A. State Air Statutes, except section 46.03.170, State Attorney
General Opinions on Legal Authority
II.B. Municipality of Anchorage/Cook Inlet/ADEC Agreements
II.C. Fairbanks North Star Borough Ordinances/FNSB & ADEC Agreements
Section III. AREAWIDE POLLUTANT CONTROL PROGRAM
III.G. Ordinance of the City and Borough of Juneau
Section IV. POINT SOURCE CONTROL PROGRAM
IV.1. PSD Area Classification and Reclassifications
A. Class I Area Boundaries
B. Areas Protected from Visibility Degradation
C. Reclassification
1. Limitations on PSD Reclassification
2. PSD Reclassification Procedures
IV.2. Compliance Assurance
IV.3. Testing Procedures
Section V. AMBIENT AIR MONITORING
ADEC Ambient Analysis Procedures
TITLE 18. ENVIRONMENTAL CONSERVATION, CHAPTER 50. AIR QUALITY CONTROL,
Sections 021(d), 030(g), 040(a)(2), 040(c), 050(a)(2), 050(b)(4), 085,
300(a)(1), 300(a)(7), 400(d)(6), 500(d), 500(e), 510 (Editor's Note),
520(a), 520(b), 610(a), 620, 900(15), 900(39), 900(47), and 900(48).
(12) On September 29, 1982, the Commissioner of the Alaska
Department of Environmental Conservation submitted a carbon monoxide
attainment plan for the cities of Anchorage (section III.B) and
Fairbanks (section III.C) as a revision to the Alaska State
Implementation Plan. On November 15, 1983, a revision to this plan was
submitted for the city of Anchorage. Supplement to the Anchorage and
Fairbanks plans revisions to section III.A (Areawide Pollutant Control
Program, Statewide Transportation Control Program) and a new State
Regulation 18 AAC Chapter 52 (Emissions Inspection and Maintenance
Requirements for Motor Vehicles) were submitted on May 31, 1985.
(i) Incorporation by reference.
(A) May 31, 1985 letter from the State of Alaska to EPA, and State
Regulation 18 AAC 52 (Emissions Inspection and Maintenance Requirements
for Motor Vehicles) as filed by the Commissioner for the State of Alaska
on May 19, 1985.
(B) Page section III.B.8-3 of the Anchorage Transportation Control
Program, Alaska Air Quality Control Plan, revised June 1, 1985
(emissions and air quality projections for Anchorage with vehicle
inspection and maintenance program).
(C) Table C.6.a of the Fairbanks Transportation Control Program,
Alaska Air Quality Control Plan [reasonable further progress required
reductions for Fairbanks] (page section III.C.6-2) revised November 20,
1982.
(ii) Other material.
(A) Section III.A Statewide Transportation Control Program.
(B) Section III.B Anchorage Transportation Control Program.
(C) Section III.C Fairbanks Transportation Control Program.
[[Page 75]]
(D) The I/M Program Design for the Fairbanks North Star Borough
dated October 25, 1984.
(E) The I/M Program Design for the Municipality of Anchorage dated
1984.
(13) On June 26, 1987, the State of Alaska Department of
Environmental Conservation submitted Section III.B.10-1 through
III.B.10-6 (Anchorage Air Pollution Episode Curtailment Actions);
Section III.C.10-1 through III.C.10-9 (Fairbanks Emergency Episode
Prevention Plan); and minor modifications to Section III.C.5-7
(Fairbanks Inspection and Maintenance Program Design).
(i) Incorporation by reference.
(A) June 26, 1987 letter from the State of Alaska Department of
Environmental Conservation to EPA Region 10.
(B) Section III.B.10-1 through III.B.10-6 of Volume II (Anchorage
Air Pollution Episode Curtailment Actions) as adopted as an ordinance by
the Anchorage Assembly on September 9, 1986.
(C) Section III.C.10-1 through III.C.10-9 of Volume II (Fairbanks
Emergency Episode Prevention Plan) as adopted as an ordinance by the
Assembly of the Fairbanks North Star Borough on December 19, 1985.
(D) Page number Section III.C.5-7 of Volume II (Fairbanks Inspection
and Maintenance Design). This new page supercedes the current page
number Section III.C.5-7 of the Alaska Air Quality Control Plan as
adopted by the Alaska Department of Environmental Conservation on June
26, 1987.
(14) On June 26, 1987, the Commissioner of the Alaska Department of
Environmental Conservation submitted revised rules regulating the height
of stacks and the use of dispersion techniques, specifically revisions
to 18 AAC 50.400(a), 18 AAC 50.530(c), 18 AAC 50.900(16), 18 AAC
50.900(20), 18 AAC 50.900(23), and 18 AAC 50.900.(29), and the deletion
of 18 AAC 50.900(17).
(i) Incorporation by reference.
(A) June 26, 1987 letter from the State of Alaska Department of
Environmental Conservation to EPA, Region 10.
(B) August 11, 1987 letter from the State of Alaska Department of
Environmental Conservation to EPA, Region 10.
(C) 18 AAC 50.400(a) and 18 AAC 50.900 (16), (20), (23), and (29) as
adopted by the State of Alaska Department of Environmental Conservation
on December 31, 1986.
(15) On September 12, 1988, the State of Alaska Department of
Environmental Conservation submitted revisions to AAC 18 Chapter 52
(Emission Inspection and Maintenance Requirements for Motor Vehicles).
Those sections amended through June 2, 1988, are: 18 AAC 51.010 [Purpose
and General Requirements] (a)(3), (b), (d), (e), and (g); 18 AAC 52.020
[Vehicles Subject to this Chapter] (1); 18 AAC 52.070 [Waivers] (5)(A)
through (C); and 18 AAC 52.900 [Definitions] (14).
(i) Incorporation by reference.
(A) September 12, 1988 letter from the State of Alaska Department of
Environmental Conservation to EPA Region 10.
(B) Chapter 52 [Emissions Inspection and Maintenance Requirements
for Motor Vehicles] section 52.010 [Purpose and General Requirements
(a)(3), (b), (d), (e), and (g); section 52.020 [Vehicles Subject to This
Chapter] (1); section 52.070 [Waivers] (5)(A) through (C); and section
52.900 [Definitions] (14) as adopted by the State of Alaska Department
of Environmental Conservation on March 10, 1988.
(16) On September 12, 1988, the State of Alaska Department of
Environmental Conservation submitted revisions to the State of Alaska
state implementation plan. Specifically pages IV.F.1-1 through IV.F.1-8
of section IV.F ``Project Review Procedures'' and amendments to title
18, chapter 50, sections 050(a)(4), 050(b), 050(d)(1), 300(a)(5)(C),
300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500(d), 510(a), 520(a), 520(b),
and 620 of the Alaska Administrative Code.
(i) Incorporation by reference. (A) September 12, 1988, letter from
the State of Alaska Department of Environmental Conservation to EPA
Region 10 submitting a revision to the Alaska state implementation plan.
(B) Vol. II, Analysis of Problems, Control Actions, Pages IV.F.1-1
through IV.F.1-8 of section IV.F, ``Project Review Procedures,'' revised
June 2, 1988.
[[Page 76]]
(C) Title 18, chapter 50, (Air Quality Control) section 050
(Industrial Processes and Fuel Burning Equipment) (a)(4), 050(b),
050(d)(1), 300 (Permit to Operate) (a)(5)(C), 300(a)(6)(C), 300(a)(7),
300(c), 300(g), 500 (Source Testing) (d), 510 (Ambient Analysis Methods)
(a), 520 (Emission and Ambient Monitoring) 520(a), 520(b), and 620 (Air
Quality Control Plan) of the Alaska Administrative Code as adopted by
the State of Alaska Department of Environmental Conservation on March
10, 1988 and effective on June 2, 1988.
(17) On October 17, 1991, the State of Alaska Department of
Environmental Conservation submitted a PM10 nonattainment
area state implementation plan for Eagle River, Alaska.
(i) Incorporation by reference.
(A) October 15, 1991 letter from Alaska Department of Environmental
Conservation to EPA Region 10 submitting the PM10
nonattainment area state implementation plan for Eagle River, Alaska.
(B) The PM10 nonattainment area state implementation plan
for Eagle River, Alaska, as adopted by the Anchorage Assembly on
February 6, 1990 and effective on September 24, 1991.
(18) On June 22, 1993, the Governor of the State of Alaska submitted
revised rules to satisfy certain Federal Clean Air Act requirements for
an approvable moderate PM10 nonattainment area SIP for
Mendenhall Valley, Alaska. Also included in this SIP were
PM10 contingency measures for the Mendenhall Valley. On
January 21, 1992, a supplement to the existing Eagle River
PM10 control plan was submitted by ADEC to EPA and certified
on March 8, 1993, by the Lieutenant Governor of Alaska.
(i) Incorporation by reference.
(A) June 22, 1993, letter from the Governor of the State of Alaska
to EPA, Region 10, submitting the moderate PM10 nonattainment
area SIP for Mendenhall Valley, Alaska.
(B) The Control Plan for Mendenhall Valley of Juneau, effective July
8, 1993.
(C) August 25, 1993, letter from ADEC showing, through enclosures,
the permanent filing record for the supplement to the existing Eagle
River PM10 control plan. The Lieutenant Governor certified
the supplement on March 8, 1993.
(D) The January 21, 1992, supplement to the existing Eagle River
PM10 control plan, effective April 7, 1993. Also included is
an August 27, 1991 Municipality of Anchorage memorandum listing the 1991
capital improvement project priorities and an October 11, 1991,
Muncipality of Anchorage memorandum summarizing the supplement to the
existing PM10 control plan.
(19) The Environmental Protection Agency (EPA) takes action on and/
or approves regulations from three submittals received from the ADEC on
July 17, 1990, October 15, 1991 and on March 24, 1994, which pertain to
correcting SIP deficiencies in the CFR; amendments to regulations
dealing with Air Quality Control, 18 AAC 50, for inclusion into Alaska's
SIP; and additional amendments to 18 AAC 50, Air Quality Control, for
inclusion into Alaska's SIP to assure compliance with new source review
permitting requirements for sources located in nonattainment areas for
either carbon monoxide or particulate matter.
(i) Incorporation by reference.
(A) July 17, 1990 letter from ADEC to EPA requesting correction for
findings of SIP deficiency in 40 CFR Part 52, and including the version
of Alaska Statutes, ``Title 46. Water, Air, Energy, and Environmental
Conservation,'' in effect at the time of the July 17, 1990 letter, of
which Sections 46.03.020, 46.03.030, 46.03.032, and 46.03.715, amended
in 1987, were the most recently amended of the enclosed statutes.
(B) October 15, 1991 letter from ADEC to EPA, and including
amendments to regulations and the State Air Quality Control Plan to
assure compliance with national ambient air quality standards for
particulate matter; the Order Amending Regulations of the Department of
Environmental Conservation, effective July 21, 1991; and the following
Alaska Administrative Code, 18 AAC 50, Air Quality Control Regulations:
(50.020; 50.085; 50.100; 50.300; 50.400; 50.510, 50.520, 50.610, and
50.900), effective July 21, 1991, Register 119.
(C) March 24, 1994 letter from Walter J. Hickel, Governor of Alaska,
to Chuck Clarke, Regional Administrator of EPA, and including amendments
to
[[Page 77]]
18 AAC 50, State Air Quality Control Plan; the Order Adopting and
Amending Regulations of the Department of Environmental Conservation,
effective April 23, 1994, Register 130; and the amendments to 18 AAC 50
(50.021, 50.300(a)(7) and (a)(8), 50.300 (d), (e), and (g),
50.400(a)(1)(A), 50.400(c)(3)(B)(ii), 50.400(c)(4), 50.400(d)(4), and
50.620), State Air Quality Control Plan, found in Volume III:
Appendices, Modifications to Section III.A, effective April 23, 1994,
Register 130.
(20) On April 18, 1994, the Commissioner of the Alaska Department of
Environmental Conservation (ADEC) submitted ``The Alaska Air Quality
Small Business Assistance Program State Air Quality Control Plan
Amendment,'' adopted April 8, 1994, as a revision to the Alaska SIP.
(i) Incorporation by reference.
(A) Letter dated April 8, 1994, from the Commissioner of ADEC to the
Regional Administrator of EPA, submitting ``The Alaska Air Quality Small
Business Assistance Program State Air Quality Control Plan Amendment''
to EPA; the Alaska Air Quality Small Business Assistance Program State
Air Quality Control Plan Amendment (which includes Appendix A the Alaska
Statutes Title 46, Chapter 14, Article 3), dated April 1994, and adopted
April 8, 1994.
(ii) Additional information.
(A) Letter dated July 24, 1995, from Alaska Department of
Environmental Conservation, submitting information necessary for
approval of the SBAP revision to EPA; the July 1995 SBAP Update,
Responses to EPA Comments, and the Air Quality/Small Business Assistance
Compliance Advisory Panel Board Information.
(21) On July 11, 1994 ADEC submitted a SIP revision for a basic
motor vehicle inspection and maintenance (I/M) program in the
Municipality of Anchorage (MOA) and the Fairbanks North Star Borough
(FNSB).
(i) Incorporation by reference.
(A) July 11, 1994 letter from the Governor of Alaska to the Regional
Administrator of EPA submitting Alaska's amendments to the Air Quality
Control Plan and to 18 AAC 52, Emissions Inspection and Maintenance
Requirements for Motor Vehicles; the amendments to 18 AAC 52 (52.005,
.015, .020, .030, .035, .040, .045, .050, .055, .060, .065, .070, .075,
.080, .085, .090, .095, .100, .105, .400, .405, .410, .415, .420, .425,
.430, .440, .445, .500, .505, .510, .515, .520, .525, .527, .530, .535,
.540, .545, .550, and .990), effective February 1, 1994; and the State
Air Quality Control Plan, Vol. II: Analysis of Problems, Control
Actions, Modifications to Section I, June 9, 1994; Vol. II: Analysis of
Problems, Control Actions, Modifications to Section I, II, III and V,
adopted January 10, 1994; Vol. III: Appendices, Modifications to Section
III.A, June 9, 1994; Vol. III: Appendices, Modifications to Section
III.B, June 9, 1994; and Vol. III: Appendices, Modifications to Section
III.C, June 9, 1994.
(22) On March 24, 1994, ADEC submitted a revision to its SIP for the
State of Alaska addressing the attainment and maintenance of the
National Ambient Air Quality Standards for carbon monoxide in the
Anchorage carbon monoxide nonattainment area.
(i) Incorporation by reference.
(A) March 24, 1994 letter from Alaska Governor Walter Hickel to EPA
Regional Administrator Chuck Clarke including as a revision to the SIP
the State of Alaska, Department of Environmental Conservation, 18 AAC
53, ``Fuel Requirements for Motor Vehicles,'' (Article 1, 18 AAC
53.005--18 AAC 53.190 and Article 9, 18 AAC 53.990) with amendments
adopted through March 19, 1994.
(23) On March 24, 1994, ADEC submitted a SIP revision to EPA to
satisfy the requirements of sections 187(a)(2)(A) and 187(a)(3) of the
CAA, forecasting and tracking VMT in the Anchorage area.
(i) Incorporation by reference.
(A) March 24, 1994 letter from the Alaska Governor to the EPA
Regional Administrator including as a revision to the SIP the VMT
requirement in the Anchorage area, contained in ADEC's State Air Quality
Control Plan, Volume III: Appendices, Modifications to Section III.B.6,
III.B.8, III.B.10 and III.B.11, adopted January 10, 1994; and further
description on pages 10-14, 57-60 and 69-75 contained in ADEC's State
Air Quality Control Plan, Volume III: Appendices, Modifications to
Section
[[Page 78]]
III.B, III.B.1, and III.B.3, adopted January 10, 1994.
(24) On December 5, 1994 the Alaska Department of Environmental
Conservation sent EPA revisions for inclusion into Alaska's SIP that
address transportation and general conformity regulations as required by
EPA under the CAA.
(i) Incorporation by reference.
(A) December 5, 1994 letter from the Governor of Alaska to EPA,
Region 10, submitting amendments addressing transportation and general
conformity revisions to the SIP:
(1) Regulations to 18 AAC 50, Air Quality Control, including Article
5, Procedure and Administration, 18 AAC 620; Article 6, Reserved;
Article 7, Conformity, 18 AAC 50.700-18 AAC 50.735; Article 8, Reserved;
and Article 9, General Provisions, 18 AAC 50.900, all of which contain
final edits (23 pages total) by the Alaska Department of Law, were filed
by the Lieutenant Governor on December 5, 1994 and effective on January
4, 1995.
(2) Amendments to the Alaska State Air Quality Control Plan,
``Volume II: Analysis of Problems, Control Actions,'' as revised on
December 1, 1994, adopted by reference in 18 AAC 50.620, containing
final edits by the Alaska Department of Law, all of which were certified
by the Commissioner of Alaska to be the correct plan amendments, filed
by the Alaska Lieutenant Governor on December 5, 1994 and effective on
January 4, 1995.
(25) On March 24, 1994, ADEC submitted a revision to its SIP for the
State of Alaska addressing the attainment and maintenance of the NAAQS
for CO in the Anchorage CO nonattainment area.
(i) Incorporation by reference.
(A) March 24, 1994 letter from the Alaska Governor to the EPA
Regional Administrator including as a revision to the SIP the State of
Alaska, Department of Environmental Conservation, 18 AAC 53, ``Fuel
Requirements for Motor Vehicles,'' (Article 1, 18 AAC 53.005--18 AAC
53.190 and Article 9, 18 AAC 53.990, with the exception of 18 AAC
53.010(c)(2)), filed March 24, 1994 and effective on April 23, 1994.
(26) Submittal to EPA from the ADEC of CO contingency measure for
Fairbanks, AK.
(i) Incorporation by reference.
(A) Letter dated July 12, 1995 from the Commissioner of the ADEC to
the EPA Regional Administrator submitting its repair technician and
certification program element found in State regulation 18 AAC 52.400-
410, effective June 24, 1994.
(27) On October 31, 1997, ADEC submitted revisions to Fuel
Requirements for Motor Vehicles, title 18, chapter 53 of the Alaska
Administrative Code (18 AAC 53) regarding the use of oxygenated fuels.
(i) Incorporation by reference.
(A) Title 18, Chapter 53, Alaska Administrative Code (AAC), Fuel
Requirements for Motor Vehicles, adopted October 31, 1997 (Article 1, 18
AAC 53 .005, .007, .010, .015, .020, .030, .035, .040, .045, .060, .070,
.080, .090, .100, .105, .120, .130, .140, .150, .160, .170, .190;
Article 9, 18 AAC 53.990).
(28) On January 8, 1997, the Director of the Alaska Department of
Environmental Conservation submitted the Alaska air quality regulations,
18 Alaska Administrative Code (AAC) 50 (with the exception of 18 AAC
50.055(a)(9), 50.085, 50.090, 50.110, 50.300(g), and 50.310(l) which
were not submitted), as effective on January 18, 1997. On March 17,
1998, the Director of the Alaska Department of Environmental
Conservation resubmitted 18 AAC 50.055(a)(3) and (b)(6). EPA has
approved the following provisions of 18 AAC 50, as effective on January
18, 1997: Section 005; Section 010, except for subsections (7) and (8);
Section 025; Section 030; Section 035; Section 045; Section 050; Section
055, except for paragraph (d)(2)(B) and (a)(9); Section 060; Section
065; Section 070; Section 075; Section 200; Section 201; Section 205;
Section 220; Section 240; Section 245; Section 400, paragraphs (a),
(b)(1), and (c); Section 420; Section 430; Section 900; and Section 990,
subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15),
(16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33),
(34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51),
(53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70),
(71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86),
(89), (90), (91),
[[Page 79]]
(92), (93), (94), (95), (96), (97), (99), and (100). On January 8, 1997,
the Director of the Alaska Department of Environmental Conservation
submitted the current Alaska Statutes for air pollution control,
specifically the 1993 Alaska Act (Chapter 74 State Legislative Act
1993). EPA has approved as federally enforceable provisions of the SIP,
the following provisions of the Alaska Statutes, as effective June 25,
1993: AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1), (2),
(3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24), and
(25); and AS 45.45.400(a). On January 8, 1997, the Director of the
Alaska Department of Conservation submitted the ``In Situ Burning
Guidelines for Alaska (revised 5/94).''
(i) Incorporation by reference.
(A) 18 AAC 50.005; 18 AAC 50.010, except for subsections (7) and
(8); 18 AAC 50.025; 18 AAC 50.030; 18 AAC 50.035; 18 AAC 50.045; 18 AAC
50.050; 18 AAC 50.055, except for paragraphs (d)(2)(B) and (a)(9); 18
AAC 50.060; 18 AAC 50.065; 18 AAC 50.070; 18 AAC 50.075; 18 AAC 50.200;
18 AAC 50.201; 18 AAC 50.205; 18 AAC 50.220; 18 AAC 50.240; 18 AAC
50.245; 18 AAC 50.400, paragraphs (a), (b)(1), and (c); 18 AAC 50.420;
18 AAC 50.430; 18 AAC 50.900; and 18 AAC 50.990, subsections (2), (3),
(4), (5), (6), (8), (9), (10), (11), (14), (15), (16), (17), (19), (20),
(23), (24), (25), (26), (29), (31), (32), (33), (34), (35), (37), (39),
(40), (42), (43), (45), (47), (48), (50), (51), (53), (58), (59), (60),
(61), (62), (63), (65), (66), (67), (69), (70), (71), (72), (74), (75),
(78), (79), (80), (81), (83), (84), (85), (86), (89), (90), (91), (92),
(93), (94), (95), (96), (97), (99), and (100); as effective on January
18, 1997.
(B) AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1),
(2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24),
and (25); and AS 45.45.400(a); as effective on June 25, 1993.
(C) Remove the following provisions of 18 AAC 50, as effective on
June 2, 1988, from the current incorporation by reference: 18 AAC
50.010; 18 AAC 50.070; 18 AAC 50.900, subsections (19), (27), (30),
(45), (46), and (48).
(29) The Environmental Protection Agency (EPA) approves various
amendments to the Alaska State Air Quality Control Plan which are
contained in three separate submittals to EPA, dated February 6, 1997,
June 1, 1998, and September 10, 1998, and which include the inspection
and maintenance program.
(i) Incorporation by reference.
(A) Air Quality Control Regulations, 18 AAC 50.
Effective September 4, 1998: Section 700; Section 705; Section 710
(except for the incorporation by reference of sections 93.102(c), 93.102
(d), 93.104(d), 93.104(e)(2), 93.109(c)-(f), 93.118(e), 93.119(f)(3),
93.120(a)(2), 93.121(a)(1) and (b), and 93.124(b) of 40 CFR); Section
715; and Section 720.
(B) Emissions Inspection and Maintenance Requirements for Motor
Vehicles 18 AAC 52.
(1) Effective January 1, 1998: Section 005; Section 010; 015; 020;
025; 035; 037; 050; 060, except for subsections (8)(c), (8)(d)(2) and
(8)(e); 065; 070; 080; 085; 095; 100; 105; 400; 405; 415, except
subsection (f)(1); 420, except subsection (a)(11); 425; 440; 500; 515;
520, except subsection (c)(9); 525; 527; 530, except subsections (b)(3),
(c)(4)(C) and (d)(9); 535; 540; 545; 546; 990.
(2) Effective January 1, 1997: Section 055; 090.
(3) Remove the following provisions of 18 AAC 52, effective January
1, 1997: Section 060, subsection 8 (c) and 8 (e); Section 520,
subsection (c)(9).
(4) Remove the following provisions of 18 AAC 52, effective January
1, 1998: Section 060, subsection 8 (d)(2); Section 415, subsection
(f)(1); Section 420, subsection (a) (11); Section 530, subsection (b)(3)
and (d)(9).
(5) Remove the following provisions of 18 AAC 52, effective January
4, 1995: Section 530, subsection (c) (4)(c).
(C) Fuel Requirements for Motor Vehicles 18 AAC 53.
(1) Effective October 31, 1997: Section 05; 07; 10; 20; 30; 35; 40;
45; 60; 70; 80; 90; 200; 105; 120; 130; 140; 150; 160; 170; 190 and
effective September 4, 1998, Section 990.
(2) Remove the following provision of 18 AAC 53.015, Expansion of
Control Area, effective October 31, 1997.
(ii) Additional Material.
(A) Revisions to Alaska's State Air Quality Control Plan, Volume II:
Section I, ``Background,'' I.A; I.B., I.C., I.D., and I.E., adopted 11/
26/96; Part B--Anchorage Contingency Measures, adopted 5/18/98; Section
II, ``State Air
[[Page 80]]
Quality Control Program,'' pages II-1 through II-4, adopted 5/18/98;
Section III.A. ``Statewide Carbon Monoxide Control Program,'' pages
III.A.1-1 through III.A.3-4, adopted 5/18/98; III.B. ``Anchorage
Transportation Control Program,'' pages III.B.1-1 through III.B.6-7,
adopted 5/18/98; III.B.8. ``Modeling and Projections,'' pages III.B.8-1
through III.B.9-2, adopted 5/18/98; III.B.10, ``Anchorage Air Pollution
Episode Curtailment Plan,'' pages III.B.10-1 and III.B.10-2, revised 12/
19/93; III.B.11. ``Assurance of Adequacy,'' pages III.B.11-1 through
III.B.11-3, revised 5/18/98; III.B.12. ``Emissions Budget,'' page
III.B.12-1, adopted 11/26/96; and various CO SIP streamlining edits
throughout Volume II and Volume III of the State Air Quality Control
Plan which make the document easier to read and better organized,
adopted 5/18/98.
[37 FR 10848, May 31, 1972]
Editorial Note: For Federal Register citations affecting Sec. 52.70,
see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO Access.
Effective Date Note: At 66 FR 33029, June 20, 2001, Sec. 52.70 was
amended by adding paragraph (c)(30), effective Aug. 20, 2001. For the
convenience of the user the added text follows:
Sec. 52.70 Identification of plan.
(c) * * *
(30) On November 1, 1999, the Alaska Department of Environmental
Conservation (ADEC) submitted a SIP revision to revise the visible
emission limit for coal burning boilers, during startup; shutdown; soot-
blowing; grate cleaning; or other routine maintenance activities, that
began operation before August 17, 1971, and submitted the required
demonstration. This SIP revision is approved for the following
facilities that submitted the required demonstration: Golden Valley
Electric Association (GVEA), Healy (Unit 1); Eielson Air Force Base,
Fairbanks (6 units); Aurora Energy, Fairbanks (4 units); and Clear Air
Force Base, Clear (3 units). Additionally, we are approving a revision
to the definitions section that will add definitions of grate cleaning
and soot-blowing.
(i) Incorporation by reference.
(A) 18 Alaska Administrative Code (AAC) 50.055(a)(9), Industrial
Processes and Fuel-Burning Equipment; as State effective on November 4,
1999. 18 AAC 50.990, subsections (106) and (107), Definitions; as State
effective on January 1, 2000.
Sec. 52.71 Classification of regions.
The Alaska plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control Region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Cook Inlet Intrastate..................................... I III III I III.
Northern Alaska Intrastate................................ I III III I III.
South Central Alaska Intrastate........................... III III III III III.
Southeastern Alaska Intrastate............................ III III III III III.
----------------------------------------------------------------------------------------------------------------
[37 FR 10848, May 31, 1972, as amended at 48 FR 30625, July 5, 1983]
Sec. 52.72 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Alaska's plan for the attainment and maintenance of the
national standards. The State included in the plan a regulation
prohibiting idling of unattended motor vehicles. However, the plan
stated that this regulation was included for informational purposes
only, and was not to be considered part of the control strategy to
implement the national standards for carbon monoxide. Accordingly, this
regulation is not considered a partof the applicable plan.
[37 FR 15080, July 27, 1972]
Secs. 52.73--52.74 [Reserved]
Sec. 52.75 Contents of the approved state-submitted implementation
plan.
The following sections of the State Air Quality Control Plan (as
amended on the dates indicated) have been approved and are part of the
current State Implementation Plan:
[[Page 81]]
Volume II: Analysis of Problems, Control Action
Section I Background
A. Introduction (7/1/82)
B. Air Quality Control Regions (7/1/82)
C. Attainment/ Nonattainment Designations (7/1/83)
Section II State Air Quality Control Program (11/1/83)
Section III Areawide Pollutant Control Program
A. Statewide Transportation Control Program (6/1/85)
B. Anchorage Transportation Control Program (6/1/85), except B.10.1
through 10.6 Anchorage Air Pollution Curtailment Actions (6/
26/87)
C. Fairbanks Transportation Control Program (6/1/85), except C.10.1
through 10.9 Fairbanks Emergency Episode Prevention Plan (6/
26/87)
D. Total Suspended Particulate Matter (7/1/82)
E. Ice Fog (7/1/82)
F. Open Burning (10/30/83)
G. Wood Smoke Pollution Control (7/1/83)
H. Lead Pollution Control (7/1/83)
Section IV Point Source Control Program
A. Summary (10/30/83)
1. Annual Review Report (10/30/83)
B. State Air Quality Regulations (10/30/83)
C. Local Programs (10/30/83)
D. Description of Source Categories And Pollutants
1. Typical Point Sources (10/30/83)
2. Summary of Major Emitting Facilities (10/30/83)
E. Point Source Control 1. Introduction (10/30/83)
F. Facility Review Procedures
1. Project Review Procedures (6/02/88) Who needs a permit? (10/30/
83, 6/02/88)
2. Standard Application Procedures (10/30/83)
3. PSD Application Procedures (10/30/83)
Preliminary report and meeting (10/30/83)
Pre-construction monitoring (10/30/83) PSD application format (10/
30/83)
4. Nonattainment Application Procedures (10/30/83)
G. Application Review and Permit Development (10/30/83)
1. Application Review (10/30/83)
2. Permit Development Requirements (10/30/83)
Monitoring and Testing Requirements (10/30/83)
Ambient Monitoring (10/30/83)
Continuous Emissions Monitoring (10/30/83)
Source Testing (10/30/83)
3. Prevention of Significant Deterioration Review (10/30/83)
Basis of Program (10/30/83)
PSD Regulations (10/30/83)
PSD Analysis (10/30/83)
4. Nonattainment Area Review (10/30/83)
5. New Source Performance Standards Source Review (10/30/83)
6. Visibility Review (10/30/83)
7. Sources under EPA Review (10/30/83)
H. Permit Issuance Requirements (10/30/83)
Section V Ambient Air Monitoring
A. Purpose (7/1/82)
B. Completed Air Monitoring Projects (7/1/82)
1. Carbon Monoxide (7/1/82)
2. Nitrogen Oxides (7/1/82)
3. Sulfur Dioxide (7/1/82)
4. Ozone (7/1/82)
5. Total Suspended Particulates (TSP) (7/1/82)
6. Lead (7/1/82)
C. Air Monitoring Network (7/1/82)
1. Network Description (7/1/82)
2. Station Designations (7/1/82)
3. Air Quality Monitoring Procedures (7/1/82)
4. Ambient Sampling for Specific Pollutants (7/1/82)
E. Annual Review (7/1/82)
Volume III. Appendices
Section II State Air Quality Control Program
II.A. State Air Statues, except Section 46.03.170 (11/15/83)
State Attorney General Opinions on Legal Authority--(2/29/72, 2/29/
80)
Title 18--Environmental Conservation, Chapter 50--Air Quality Control
(10/30/83), (6/7/87), (6/2/88)
Title 18--Environmental Conservation, Chapter 52--Emissions Inspections
and Maintenance Requirements for Motor Vehicles (5/19/85),
except
18 AAC 52.010 (3), (3b), (3d), (3e), and (3g) (5/19/85)
18 AAC 52.020 (1) (5/19/85)
18 AAC 52.070 (5) (A)-(C) (5/19/85)
18 AAC 52.900 (14) (5/19/85)
II.B. Municipality of Anchorage/Cook Inlet ADEC Agreements (11/15/83)
II.C. Fairbanks North Star Borough Ordinances, except Section 8.04.070/
FNSB & ADEC Agreements (11/15/83)
Section III Areawide Pollutant Control Program
III.B.3-a Anchorage Graphs of Highest and Second Highest CO readings for
Each Site (11/15/83)
III.B.5-a Anchorage Traffic Improvements (11/15/83)
III.B.5-b Anchorage Contingency Plan (11/15/83)
III.B.5-c Anchorage Transit Ridership (11/15/83)
III.B.8-a Anchorage Graphs of Projected CO Concentrations for Each Site
(11/15/83)
[[Page 82]]
III.G Ordinance of the City and Borough of Juneau (10/6/83)
III.H Support Documents for Lead Plan (11/15/83)
Section IV Point Source Control Program
IV.1 PSD Area Classification and Reclassifications (11/15/83)
A. Class I Area Boundaries (11/15/83)
B. Areas Protected from Visibility Degradation (11/15/83)
C. Reclassification (11/15/83)
1. Limitations on PSD Reclassification (11/15/83)
2. PSD Reclassification Procedures (11/15/83)
IV.2 Compliance Assurance (11/15/83)
IV.3 Testing Procedures (11/15/83)
Section V Ambient Air Monitoring
ADEC Ambient Analysis Procedures (11/15/83)
[56 FR 19287, Apr. 26, 1991]
Sec. 52.76 1990 Base Year Emission Inventory.
(a) EPA approves as a revision to the Alaska State Implementation
Plan the 1990 Base Year Carbon Monoxide Emission Inventory for the
Anchorage and Fairbanks areas designated as nonattainment for CO,
submitted by the Alaska Department of Environmental Conservation on
December 29, 1993. This submittal consists of the 1990 base year
stationary, area, non-road mobile, and on-road mobile sources for the
pollutant carbon monoxide.
(b) EPA approves a revision to the Alaska State Implementation Plan,
submitted on December 5, 1994, of the on-road mobile source portion of
the 1990 Base Year Emission Inventory for Carbon Monoxide in Anchorage
and Fairbanks.
[62 FR 6132, Feb. 11, 1997, as amended at 63 FR 50764, Sept. 23, 1998]
Secs. 52.77--52.81 [Reserved]
Sec. 52.82 Extensions.
The Administrator, by authority delegated under section 186(a)(4) of
the Clean Air Act, as amended in 1990, hereby extends for one year
(until December 31, 1996) the attainment date for the MOA, Alaska CO
nonattainment area.
[61 FR 33678, June 28, 1996]
Secs. 52.83--52.95 [Reserved]
Sec. 52.96 Significant deterioration of air quality.
(a) The State of Alaska Department of Environmental Conservation Air
Quality Control Regulations as in effect on June 2, 1988 (specifically
18 AAC 50.020, 50.021, 50.300, 50.400, 50.510, 50.520, 50.530, 50.600,
50.620, and 50.900) and the State air quality control plan as in effect
on June 2, 1988 (specifically, Section I.B. AIR QUALITY CONTROL REGIONS,
Section I.C. ATTAINMENT/NONATTAINMENT DESIGNATIONS, Section I.D.
PREVENTION OF SIGNIFICANT DETERIORATION DESIGNATIONS, Section IV.F.
FACILITY REVIEW PROCEDURES, Section IV.G APPLICATION REVIEW AND PERMIT
DEVELOPMENT, Section IV.H PERMIT ISSUANCE REQUIREMENTS, Appendix IV.1.
PSD area Classification and Reclassification, and Appendix V ADEC
Ambient Analysis Procedures), are approved as meeting the requirements
of part C for preventing significant deterioration of air quality.
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable procedures for preventing the significant deterioration of
air quality on Indian reservations and, therefore, the provisions of
Sec. 52.21 (b) through (w) are hereby incorporated and made part of the
applicable reservation in the State of Alaska.
[48 FR 30626, July 5, 1983, as amended at 56 FR 19288, Apr. 26, 1991]
Subpart D--Arizona
Sec. 52.111 Toll free number assignment.
Toll free numbers shall be made available on a first-come, first-
served basis unless otherwise directed by the Commission.
[63 FR 16441, Apr. 3, 1998]
Sec. 52.120 Identification of plan.
(a) Title of plan: ``The State of Arizona Air Pollution Control
Implementation Plan.''
(b) The plan was officially submitted on January 28, 1972.
[[Page 83]]
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Letter of intent to revise plan submitted on March 1, 1972, by
the Arizona State Board of Health.
(2) Letter of intent to revise plan submitted on March 2, 1972, by
the Governor.
(3) Revised implementation plan submitted on May 30, 1972, by the
Governor.
(i) Maricopa County Bureau of Air Pollution Control.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 60 to 67.
(4) Transportation control plan submitted on April 11, 1973, by the
Governor.
(5) Amendments (Non-regulatory) to the transportation control plan
submitted on May 10, 1973, by the Governor.
(6) Arizona Air Pollution Control Regulations (numbers in
parentheses indicate recodification of regulations as identified in the
Arizona State Implementation Plan Semi-Annual Report submitted to EPA on
September 4, 1975).
7-1-1.1 (R9-3-101) (Policy and Legal Authority)
7-1-1.3 (R9-3-103) (Air Pollution Prohibited)
7-1-1.5 (R9-3-105) (Enforcement)
7-1-4.3 (R9-3-403) (Sulfur Emissions: Sulfite Pulp Mills)
7-1-4.4 (R9-3-404) (Sulphur Emissions: Sulfuric Acid Plants)
7-1-4.5 (R9-3-405) (Sulphur Emissions: Other Industries)
7-1-5.1 (R9-3-501) (Storage of Volatile Organic Compounds)
7-1-5.2 (R9-3-502) (Loading of Volatile Organic Compounds)
7-1-5.3 (R9-3-503) (Organic Compound Emissions: Pumps and Compressors)
7-1-5.4 (R9-3-504) (Organic Solvents)
7-1-6.1 (R9-3-601) (Carbon Monoxide Emissions: Industrial)
7-1-7.1 (R9-3-701) (Nitrogen Oxide Emissions: Fuel Burning
Installations)
7-1-7.2 (R9-3-702) (Nitrogen Oxide Emissions: Nitric Acid Plants
7-1-8.3 (R9-3-803) (New Installations)
Submitted on August 20, 1973.
(7) Revised transportation control plan submitted on September 11,
1973, by the Governor.
(8) Letter supplementing the revised transportation control plan
encouraging mass transit, carpooling, etc., submitted on September 21,
1973, by the Governor.
(9) Letter supplementing the revised transportation control plan
encouraging mass transit, carpooling, etc., submitted on October 2,
1973, by the Governor.
(10) Maricopa County Air Pollution Control District Regulation III,
Rule 31 (Particulate Matter Emissions) submitted on January 28, 1974.
(11) Arizona Air Pollution Control Regulation 7-1-1.7 (R9-3-107)
(Unlawful open burning) submitted on February 19, 1974.
(12) Pima County Air Pollution Control District Regulation II, Rule
2 (Particulate matter emissions) submitted on March 19, 1974.
(13) Air quality maintenance area designation analysis submitted on
April 17, 1974, by the Arizona Department of Health Services.
(14) Arizona Air Pollution Control Regulations:
7-1-2.10 (R9-3-210) (Emergency Episode Criteria)
7-1-4.2 (R9-3-402) (Sulfur Emissions: Fuel Burning Installations)
Submitted on August 30, 1974.
(15) Arizona Air Pollution Control regulations 7-1-8.1 (R9-3-801)
(Original State jurisdiction); 7-1-8.2 (R9-3-802) (Assertions of
jurisdiction); 7-1-8.3 (R9-3-803) (Delegation of authority); 7-1-11.3
(R9-3-1203) (Suspension and revocation of permits); 7-1-11.4 (R9-3-1204)
(Permits non-transferable); 7-1-11.5 (R9-3-1205) (Posting of permits);
7-1-11.6 (R9-3-1206) (Notice by permit agencies); 7-1-11.7 (R9-3-1207)
(Equipment covered); 7-1-11.9 (R9-3-1209) (Permit Fees); and 7-1-1.4
(R9-3-104) (Recordkeeping and reporting) submitted September 27, 1974.
(16) Assertion of State Jurisdiction over Apache, Navajo, Santa Cruz
and Yavapai Counties; Assertion of State Jurisdiction over Cochise
County; and Assertion of State Jurisdiction over specific sources in
Mohave County.
Submitted on February 3, 1975.
(17) Amendments to the Rules and Regulations of the Pima County Air
Pollution Control District (Regulation I: Rules 2, 4D, 4E, 4J, 8G, 16C,
29, and 30) submitted on February 20, 1975, by the Director, Arizona
Department of
[[Page 84]]
Health Services (the Governor's official representative).
(18) Air pollution control regulations for various counties
submitted by the Governor on July 1, 1975, as follows:
(i) Coconino County Air Pollution Control Regulations.
12-1-1 (Legal Authority)
12-1-2 (Definitions)
12-1-3 (Air Pollution Prohibited)
12-2-2 (Operating Permits)
12-2-4 (Permit Fees)
12-2-5 (Permit Renewals)
12-2-7 (Testing of Installations)
12-2-8 (Compliance with Terms of Installation Permit)
12-2-9 (Notification of Denial of Permit)
12-2-10 (Appeals to the Hearing Board)
12-2-11 (Permits Not Transferable)
12-2-12 (Expiration of Installation Permit)
12-2-13 (Posting of Permits)
12-3-1 (Ambient Air Quality Standards)
12-3-2 (Emission Standards)
12-3-3 (Reporting of Emissions)
12-3-4 (Production of Records: Confidentiality)
12-3-5 (Monitoring Devices)
12-3-6 (Penalty for Violation)
12-4-1 (Shade, Density, or Opacity of Emissions)
12-4-2 (Dust Control)
12-4-3 (Processing of Animal or Vegetable Matter)
12-4-4 (Volatile and Odorous Materials)
12-4-5 (Storage and Handling of Petroleum Products)
12-5-1 (Permit Required)
12-5-2 (Performance Tests: Permit Tags)
12-5-3 (Emission Limitations)
12-5-4 (Authority of Other Public Agencies)
12-6-1 (Unlawful Open Burning)
12-6-2 (Exceptions Requiring no Permission)
12-6-3 (Exceptions Requiring Permission)
12-6-4 (Exceptions Under Special Circumstances)
12-7-1 (Misdemeanor: Penalty)
12-7-2 (Order of Abatement)
12-7-3 (Hearings on Orders of Abatement)
12-7-5 (Notice of Hearing; Publication; Service)
12-7-6 (Injunctive Relief)
(A) Previously approved on November 15, 1978 and now deleted without
replacement Rules 12-7-2, 12-7-3, 12-7-5, and 12-7-6.
(ii) Mohave County Air Pollution Control Regulations.
Sec. 1, Reg. 1 (Policy and Legal Authority)
Sec. 1, Reg. 2 (Definitions)
Sec. 1, Reg. 3 (Air Pollution Prohibited)
Sec. 1, Reg. 4 (Enforcement)
Sec. 2, Reg. 1 (Shade, Density or Opacity of Emissions)
Sec. 2, Reg. 2 (Particulate Matter)
Sec. 2, Reg. 3 (Reduction of Animal or Vegetable Matter)
Sec. 2, Reg. 4 (Evaporation and Leakage)
Sec. 2, Reg. 5 (Storage Tanks)
Sec. 3, Reg. 1 (Particulate Matter from Fuel Burning Installations)
Sec. 3, Reg. 2 (Particulate Matter from Other Sources)
Sec. 3, Reg. 3 (Sulfur from Primary Copper Smelters)
Sec. 3, Reg. 4 (Ground Level Concentrations)
Sec. 3, Reg. 5 (Exceptions)
Sec. 3, Reg. 6 (Incinerators)
Sec. 4, Reg. 1 and Reg. 2 (Responsibility and Requirements of Testing)
Sec. 5, Reg. 1 (Open Fires: Prohibition and Exceptions)
Sec. 6, Reg. 1 (Sulfur Dioxide)
Sec. 6, Reg. 2 (Non-Specific Particulate)
Sec. 6, Reg. 3 (Evaluation)
Sec. 6, Reg. 4 (Anti-Degradation)
Sec. 7 (Violations)
(iii) Yuma County Air Pollution Control Regulations.
8-1-1.1 (Policy and Legal Authority)
8-1-1.2 (Definitions)
8-1-1.3 (Air Pollution Prohibited)
8-1-1.4 (Recordkeeping and Reporting)
8-1-1.5 (Enforcement)
8-1-1.6 (Exceptions)
8-1-2.1 (Non-Specific Particulate)
8-1-2.2 (Sulfur Dioxide)
8-1-2.3 (Non-Methane Hydrocarbons)
8-1-2.4 (Photochemical Oxidants)
8-1-2.5 (Carbon Monoxide)
8-1-2.6 (Nitrogen Dioxide)
8-1-2.7 (Evaluation)
8-1-2.10 (Emergency Episode Criteria)
8-1-3.1 (Visible Emissions; General)
8-1-3.2 (Fugitive Dust)
8-1-3.3 (Particulates--Incineration)
8-1-3.4 (Particulates--Wood Waste Burners)
8-1-3.5 (Particulates--Fuel Burning Equipment)
8-1-3.6 (Particulates--Process Industries)
8-1-4.2 (Fuel Burning Installations)
8-1-4.3 (Sulfur Emissions--Sulfite Pulp Mills)
8-1-4.4 (Sulfur Emissions--Sulfuric Acid Plants)
8-1-4.5 (Sulfur Emissions--Other Industries)
8-1-5.1 (Storage of Volatile Organic Compounds)
8-1-5.2 (Loading of Volatile Organic Compounds)
8-1-5.3 (Pumps and Compressors)
8-1-5.4 (Organic Solvents; Other Volatile Compounds)
8-1-6.1 (CO2 Emissions--Industrial)
8-1-7.1 (NO2 Emissions--Fuel Burning Equipment)
8-1-7.2 (NO2 Emissions--Nitric Acid Plants)
8-1-8.1 (Open Burning--Prohibition)
[[Page 85]]
8-1-8.2 (Open Burning--Exceptions)
(iv) Pinal-Gila Counties Air Pollution Control Regulations.
7-1-1.1 (Policy and Legal Authority)
7-1-1.2 (Definitions)
7-1-1.3 (Air Pollution Prohibited)
7-1-2.2 (Permit Unit Description and Fees)
7-1-2.4 (Appeals to Hearing Board)
7-1-2.5 (Transfer: Posting: Expirations)
7-1-2.6 (Recordkeeping and Reporting)
7-1-2.7 (Enforcement)
7-1-2.8 (Exceptions)
7-1-4.1 and 7-1-4.2 (Orders of Abatement)
7-1-5.1 (Classification and Reporting: Production of Records:
Violation: and Penalty)
7-1-5.2 (Special Inspection Warrant)
7-1-5.3 (Decisions of Hearing Boards: Subpoenas)
7-1-5.4 (Judicial Review: Grounds: Procedures)
7-1-5.5 (Notice of Hearing: Publication: Service)
7-1-5.6 (Injunctive Relief)
7-2-1.1 (Non-Specific Particulate)
7-2-1.2 (Sulfur Dioxide)
7-2-1.3 (Non-Methane Hydrocarbons)
7-2-1.4 (Photochemical Oxidants)
7-2-1.5 (Carbon Monoxide)
7-2-1.6 (Nitrogen Dioxide)
7-2-1.7 (Evalution)
7-2-1.8 (Anti-Degradation)
7-3-1.1 (Visible Emissions: General)
7-3-1.2 (Particulate Emissions--Fugitive Dust)
7-3-1.3 (Open Burning)
7-3-1.4 (Particulate Emissions--Incineration)
7-3-1.5 (Particulate Emissions--Wood-Waste Burners)
7-3-1.6 (Reduction of Animal or Vegetable Matter)
7-3-1.7 (Particulate Emissions--Fuel Burning Equipment)
7-3-1.8 (Particulate Emissions--Process Industries)
7-3-2.1 (Copper Smelters)
7-3-2.2 (SO2 Emissions--Fuel Burning Installations)
7-3-2.3 (SO2 Emissions--Sulfite Pulp Mills)
7-3-2.4 (SO2 Emissions--Sulfuric Acid Plants)
7-3-2.5 (Other Industries)
7-3-3.1 (Storage of Volatile Organic Compounds)
7-3-3.2 (Loading of Volatile Organic Compounds)
7-3-3.3 (Pumps and Compressors)
7-3-3.4 (Organic Solvents: Other Volatile Compounds)
7-3-4.1 (CO2 Emissions--Industrial)
7-3-5.1 (NO2 Emissions--Fuel Burning Equipment)
7-3-5.2 (NO2 Emissions--Nitric Acid Plants)
7-3-6.1 (Policy and Legal Authority)
(A) Previously approved on November 15, 1978 and now deleted without
replacement Rules 7-1-4.1 to 7-1-4.2 and 7-1-5.1 to 7-1-5.6.
(B) Previously approved on November 15, 1978 and now deleted without
replacement Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-6.1.
(C) Previously approved on December 17, 1979 and now deleted without
replacement Rule 7-3-2.5.
(19) Arizona Air Pollution Control Regulations:
R9-3-102 (Definitions)
R9-3-108 (Test Methods and Procedures)
R9-3-301 (Visible Emissions--General)
R9-3-302 (Particulate Emissions: Fugutive Dust)
R9-3-303 (Particulate Emissions: Incineration)
R9-3-304 (Particulate Emissions: Wood Waste Burners)
R9-3-305 (Particulate Emissions: Fuel Burning Equipment)
R9-3-307 (Particulate Emissions: Portland Cement Plants)
R9-3-308 (Particulate Emissions: Heater-Planers)
Submitted on September 16, 1975.
(20) Arizona Air Pollution Control Regulations R9-3-505 (Gasoline
Volatility Testing); R9-3-506 (Gasoline Volatility Standards); R9-3-1001
(Policy and Legal Authority); R9-3-1020 (State Stations Acting as Fleet
Inspection Stations); any Fleet Inspection Stations for State Stations);
submitted on January 23, 1976.
(21) Amendments to the rules and Regulations of the Pima County Air
Pollution Control District (Regulation I:
Rule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning
Equipment): Rule 2G (paragraphs 1-4c, Particulate Emissions), Rule 7A
(paragraphs 1-6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1-4,
Nitrogen Oxide Emission); Regulation VI: Rule 1A-H, (Ambient Air Quality
Standards); Regulation VII (paragraph A-D, Standards of Performance for
New Stationary Sources); and Regulation VIII (paragraphs A-C, Emission
Standards for Hazardous Air Pollutants)) submitted on September 30, 1976
by the Director, Arizona Department of Health Services (the Governor's
official representative).
(22)-(23) [Reserved]
(24) Arizona Air Pollution Control Regulations R9-3-1002
(Definitions); R9-3-1003 (Vehicles To Be Inspected by
[[Page 86]]
the Mandatory Vehicular Emissions Inspection Program); R9-3-1004 (State
Inspection Requirements); R9-3-1005 (Time of Inspections); R9-3-1006
(Mandatory Vehicular Emissions Inspection); R9-3-1007 (Evidence of
Meeting State Inspection Requirements); R9-3-1008 (Procedure for Issuing
Certificates of Waiver); R9-3-1010 (Low Emissions Tune Up); R9-3-1011
(Inspection Report); R9-3-1012 (Inspection Procedure and Fee); R9-3-1013
(Reinspections); R9-3-1016 (Licensing of Inspectors); R9-3-1017
(Inspection of Governmental Vehicles); R9-3-1018 (Certificate of
Inspection); R9-3-1019 (Fleet Station Procedures and Permits); R9-3-1022
(Procedure for Waiving Inspections Due to Technical Difficulties); R9-3-
1023 (Certificate of Exemption); R9-3-1025 (Inspection of State
Stations); R9-3-1026 (Inspection of Fleet Stations); R9-3-1027
(Registration of Repair Industry Analyzers); R9-3-1029 (Vehicle Emission
Control Devices); and R9-3-1030 (Visible Emissions; Diesel-Powered
Locomotives); submitted on February 11, 1977.
(25) [Reserved]
(26) Maricopa County Air Pollution Control District Regulation IV,
rule 41, paragraph B (Continuously Monitoring and Recording Emissions)
submitted on July 29, 1977.
(27) The following amendments to the plan were submitted on January
4, 1979 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) R-9-3-101, A., Nos. 2, 3, 29, 41, 53, 55, 87, 88, 89, 91, 92,
95, 100 and 117; R9-3-301, paragraphs D, J, and N; R9-3-306, paragraphs
D and J; and R9-3-307, paragraphs C and E.
(B) New or amended Rules R9-3-101 (Nos. 1, 4, 6, (a, c, and d), 8,
9, 11, 13, 17 to 26, 28, 30 to 35, 37 to 40, 43 to 45, 48, 49, 54, 57 to
59, 61 to 73, 77 to 80, 82, 83, 86, 90, 94, 96, 98, 101, 102, 104, 105,
107 to 115, 118 to 120, 122, to 129, and 131), R9-3-217, R9-3-218, R9-3-
219, R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-312,
R9-3-313 (Paragraphs A.1, A.2.b, A.3, A.4, B to D.1, D.3, D.4.a to
F.1.2.iii, F.1.b., and F.2.b. to F.4), R9-3-314 to R9-3-319, R9-3-402 to
R9-3-404, R9-3-406, R9-3-407, R9-3-409, R9-3-410, R9-3-502 (Paragraphs
B, C, C.2, and D to G), R9-3-503 (Paragraph A), R9-3-504 (Paragraphs B
and C), R9-3-505 (Paragraphs A, B.1.b., B.2.b, and B.3 to D), R9-3-506
(Paragraphs A.2, B, C.1.a to C.4), R9-3-507 (Paragraphs D to F), R9-3-
508 (Paragraphs A and C), R9-3-510 (Paragraphs B to E), R9-3-511
(Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and C),
R9-3-514 (Paragraphs B and C), R9-3-516 (Paragraph B), R9-3-517
(Paragraphs B and C), R9-3-518 (Paragraphs B and C), R9-3-519
(Paragraphs A.2, A.3.a to A.3.c, A.3.e and B to C), R9-3-520 (Paragraphs
B and C), R9-3-521 (Paragraphs B to D), R9-3-522 (Paragraphs A.1 to A.5,
B and C), R9-3-523 (Paragraph B), R9-3-524 (Paragraphs C, D.1, D.2, D.4
to G.5), R9-3-525 (Paragraphs B to D), R9-3-526, R9-3-527, R9-3-528
(Paragraphs B to E and F.1 to F.4), R9-3-601 to R9-3-605, R9-3-1101, R9-
3-1102, Appendix 10 (Sections A10.1.3.3, A10.1.4. and A10.2.2 to
A10.3.4.) and Appendix 11.
(28) The following amendments to the plan were submitted on January
18, 1979 by the Governor's designee.
(i) Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
(A) Rule 33, Storage and Handling of Petroleum Products.
(B) New or amended Rules 21G and 41.
(29) The following amendments to the plan were submitted on January
23, 1979, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) Arizona Testing Manual for Air Pollutant Emissions (excluding
Sections 2.0 and 5.0).
(30) Redesignation of AQCR's in Arizona, submitted on January 26,
1979, by the Governor.
(31) Revisions to the Arizona Air Pollution Control Regulations
submitted on March 21, 1979:
R9-3-1002 (22,34); R9-3-1003 [A(A8-11),B,C]; R9-3-1005 [A, (A3)];
R9-3-1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table
II]; R9-3-1008 [B,(B1,2,6,7)]; R9-3-1010 [A,(A3),C,D,F]; R9-3-1011
[A,B,(B1,2,3)];R9-3-1012(b); R9-3-1014; R9-3-1017 [B,(B4), C, E]; R9-3-
1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c),
D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)];
R9-3-(C,E); R9-3-1022(B); R9-3c-091023(A,B); R9-3-1027(F).
(32) The following amendments to the plan were submitted on February
23, 1979 by the Governor's designee.
[[Page 87]]
(i) Nonatainment Area Plan for Carbon Monoxide and Photochemical
Oxidants, Maricopa County Urban Planning Area.
(33) The Metropolitan Pima County Nonattainment Area Plan for CO was
submitted by the Governor's designee on March 20, 1979.
(34) The Metropolitan Pima County Nonattainment Area Plan for TSP
was submitted by the Governor's designee on March 27, 1979.
(35) The following amendments to the plan were submitted on April
10, 1979, by the Governor's designee.
(i) Yuma County Air Pollution Control District.
(A) New or amended Rules 8-1-1.2 8-1-1.3 thru 8-1-1.6 and 8-1-1.8
thru 8-1-1.13; 8-1-2.1 thru 8-1-2.6 and 8-1-2.8; 8-1-3.1 thru 8-1-3.6,
8-1-3.7 (except paragraph ``F'') and 8-1-3.8 thru 8-1-3.20; and
Appendices I and II.
(36) The following amendments to the plan were submitted on July 3,
1979 by the Governor's designee.
(i) Revision to the Nonattainment Area Plan for Carbon Monoxide and
Photochemical Oxidants, Maricopa County Urban Planning Area.
(37) The following amendments to the plan were submitted on
September 20, 1979 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended rule R9-3-515 (Paragraphs C.1.a. to C.1.h.; C.2;
C.3, C.3.b., C.3.c., and C.3.h.; C.4.c. to C.4.g. and C.4.i.; C.5 and
C.5.b. to C.5.d.; C.6.b.i. to C.6.b.iii., C.6.b.vi., C.6.b.vii., and
C.6.c.; and C.8.).
(ii) ``ASARCO Incorporated, Hayden Copper Smelter, State
Implementation Plan Determination of Good Engineering Practice Stack
Height,'' September 17, 1979, issued by ADHS.
(38) The following amendment to the plan were submitted on October
9, 1979, by the Governor's designee.
(i) Pima County Health Department.
(A) New or amended Regulation 10:
Rules 101-103; Regulation 11: Rules 111-113; Regulation 12: Rules
121-123; Regulation 13: Rules 131-137; Regulation 14: Rules 141 and 143-
147; Regulation 15: Rule 151; Regulation 16: Rules 161-165; Regulation
17: Rules 172-174; Regulatiotion 24: Rules 241 and 243-248; Regulation
25: Rules 251 and 252; Regulation 30: Rules 301 and 302; Regulation 31:
Rules 312-316 and 318; Regulation 32: Rule 321; Regulation 33: Rules 331
and 332; Regulation 34: Rules 341-344; Regulation 40: Rules 402 and 403;
Regulation 41: Rules 411-413; Regulation 50: Rules 501-503 and 505-507;
Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation
61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules
621-624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation
70: Rules 701-705 and 706 (Paragraphs A to C, D.3, D.4, and E);
Regulation 71: Rules 711-714; Regulation 72: Rules 721 and 722;
Regulation 80: Rules 801-804; Regulation 81: Rule 811; Regulation 82:
Rules 821-823; Regulation 90: Rules 901-904; Regulation 91: Rules 911
(except Methods 13-A, 13-B, 14, and 15; and Rules 912, and 913;
Regulation 92: Rules 921-924; and Regulation 93: Rules 931 and 932.
(B) New or amended Regulation 17: Rule 171, paragraphs B.1, B.1.a,
B.7, B.8, C.1.a, C.1.b, C.2.a, C.2.c, C.2.d, C.3.a, and E.1.b;
Regulation 42: Rules 421, 422, 423, 424, 425, and 426; and Regulation
50: Rule 504.
(C) Previously approved on April 16, 1982 and now deleted without
replacement Rules 141, 143 to 147, 702, 711 to 714.
(39) The following amendments to the plan were submitted on November
8, 1979 by the Governor's designee.
(i) Nonattainment Area Plan for Total Suspended Particulates,
Maricopa County Urban Planning Area.
(40) [Reserved]
(41) The following amendments to the plan were submitted on February
15, 1980, by the Governor's designee.
(i) 1.0 Air Quality Surveillance Network.
(42) The Technical Basis of New Source Review Regulations, Pima
County, Arizona, February 6, 1980 (AQ-125-a) was submitted by the
Governor's designee on February 28, 1980.
(43) The following amendments to the plan were submitted on April 1,
1980 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) R9-3-101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85,
86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9-3-301, paragraphs
B-1, B-2, C, E, F, H, I, J, K, M,
[[Page 88]]
N, O, P, and Q; R9-3-302, (except paragraphs D, E, and I); R9-3-303; R9-
3-306, paragraphs B-2, C-1, C-3, and C-5 to C-7, E, F, G-1, G-3, G-4, H,
and I; and R9-3-307, paragraphs A, B, D, and F.
(B) New or amended Rules R9-3-101 (Nos. 5, 15, 16, 42, 49, 51, 55,
94, 101, 103, 106, 126, 127, and 133), R9-3-201 (paragraph D.2), R9-3-
202 (Paragraph D.2), R9-3-203 (Paragraph D.2), R9-3-204 (Paragraph C.2),
R9-3-205 (Paragraph C.2), R9-3-206 (Paragraph C.2), R9-3-207 (Paragraph
C.2), R9-3-313 (Paragraph F.1.a.i and ii), R9-3-401, R9-3-405, R9-3-408,
R9-3-501 (Paragraph A to C), R9-3-502 (Paragraph A to A.4), R9-3-503
(Paragraphs B, C.1,C.2.a. to C.2.f., C.4 and C.5), R9-3-504 (Paragraph
A.1 to A.4), R9-3-508 (Paragraph B.1 to B.6), R9-3-510 (Paragraph A.1
and A.2), R9-3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to
A.5), R9-3-513 (Paragraph A.1 to A.5), R9-3-514 (Paragraph A.2), R9-3-
516 (Paragraph A.1 to A.6), R9-3-517 (Paragraph A.1 to A.5), R9-3-518
(Paragraph A.1 to A.5), R9-3-520 (Paragraph A.1 to A.6), R9-3-521
(Paragraph A.1 to A.5), and Appendices 1 and 2.
(ii) Arizona Lead SIP Revision.
(44) The following amendments to the plan were submitted on June 23,
1980 by the Governor's designee.
(i) Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
(A) Rule 34, Organic Solvents.
(B) New or amended Rules 2 (except 49 and 57), 3, 24, 25, 25, 26,
27, 30, 31(A), (B), and (H), 32, (G), (H), (J), and (K), 40, 70-72, and
74 and deletion of ``ee''.
(45) The following amendments to the plan were submitted on July 17,
1980 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) R-9-3-101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98,
99, 100, 113, 119, 120, and 124; R9-3-301, paragraphs A, B-3, G, I, J,
K, L, M, N, O, P, Q, and R; R9-3-306, paragraphs A, B-1, B-3, B-4, C-2,
C-4, and G-2; and R9-3-320, paragraphs B and C.
(B) New or amended Rules R9-3-101 (Nos. 6(b), 10, 12, 14, 36, 50,
55, 77, 84, and 92), R9-3-311 (Paragraph B), R9-3-313 (Paragraphs
A.2.a., D.2, D.4, F.1.C, and F.2.a.), R9-3-320 (Paragraph A), R9-3-502
(Paragraph C.1), R9-3-503 (Paragraph C, C.2, C.2.g. and C.3), R9-3-504
(Paragraph A), R9-3-505 (Paragraph B.1.a, B.2.a), R9-3-506 (Paragraph A
to A.1), R9-3-507 (Paragraphs A to C), R9-3-508 (Paragraph B), R9-3-509,
R9-3-510 (Paragraph A), R9-3-511 (Paragraph A), R9-3-512 (Paragraph A),
R9-3-513 (Paragraph A), R9-3-514 (Paragraphs A to A.1), R9-3-516
(Paragraph A), R9-3-517 (Paragraph A), R9-3-518 (Paragraph A), R9-3-519
(Paragraph A to A.1, A.3, and A.3.d), R9-3-520 (Paragraph A), R9-3-521
(Paragraph A), R9-3-522 (Paragraph A), R9-3-523 (Paragraph A), R9-3-524
(Paragraphs A, B, D, and D.3), R9-3-525 (Paragraph A), R9-3-528
(Paragraphs A and F.5), Section 3, Method 11; Section 3.16, Method 16;
Section 3.19, Method 19; Section 3.20, Method 20; and Appendix 10
(Sections A10.2 and A10.2.1).
(C) New or amended Rule R9-3-515 (Paragraphs A; and C.6, C.6.b, and
C.6.b.v.).
(46) The following amendments to the plan were submitted on August
7, 1980, by the Governor's designee.
(i) Pinal-Gila Counties Air Quality Control District.
(A) New or amended Rules 7-1-1.2, 7-1-1.3(C), 7-3-1.1, 7-3-1.4(C),
7-3-1.7(F), and 7-3-3.4.
(47) The following amendments to the plan were submitted on
September 10, 1980, by the Governor's designee.
(i) Arizona State Rules and Regulations and Air Pollution Control.
(A) New or amended Rules R9-3-101 (Nos. 24, 55, 102, and 115 (25-54,
56-101, 103-114, and 116-140 are renumbered only), R9-3-201 (Paragraphs
A to D.1 and E), R9-3-202 (Paragraphs A to D.1 and E), R9-3-203
(Paragraphs A to D.1 and E), R9-3-204 (Paragraphs A to C.1 and D), R9-3-
205 (Paragraphs A to C.1 and D), R9-3-206 (Paragraphs A to C.1 and D),
R9-3-207 (Paragraphs A to C.1 and D), and R9-3-216.
(48) Arizona Lead SIP Revision submitted by the State on September
26, 1980.
(49) The following amendments to the plan were submitted on July 13,
1981 by the Governor's designee.
(i) Arizona Revised Statute Sec. 36-1718.
(50) The following amendments to the plan were submitted on July 13,
1981, by the Governor's designee.
[[Page 89]]
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended Rules R9-3-310 (Paragraphs A and B), R9-3-501
(Paragraph D), R9-3-503 (Paragraph C.6), R9-3-506 (Paragraph C to C.1),
and Appendix 10 (Sections A10.1-A10.1.3.2).
(B) New or amended Rule R9-3-515 (Paragraph C.4.a. and C.4.b.).
(ii) Arizona Revised Statutes.
(A) Arizona County: Chapter 6, Article 8. Air Pollution, Sections
36-770 to 36-778, 36-779 to 36-779.07, 36-780, 36-780.01, 36-781 to 36-
783, 36-784 to 36-784.04, 36-785, 36-785.01, 36-786 to 36-788, 36-789 to
36-789.02, 36-790, and 36-791.
(B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air
Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-
1707 to 36-1707.06, 36-1708, 36-1720.02, and 36-1751 to 36-1753.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Statutes 36-781, 36-782, 36-784, 36-784.01 to 36-784.04, 36-
785, 36-785.01, and 36-786 to 36-788.
(51) The following amendments to the plan were submitted on June 1,
1981, by the Governor's designee.
(i) Pima County Health Department.
(A) New or amended Regulation 14: Rule 142; Regulation 20: Rule 204;
Regulation 24: Rule 242; Regulation 26: Rule 261; Regulation 50: Rule
504; Regulation 61: Rule 611 (Paragraph A); Regulation 70: Rule 706
(Paragraphs D.1 and D.2); and Regulation 91: Rule 911 (Methods 19 and
20).
(B) Previously approved on April 16, 1982 and now deleted without
replacement Rule 142.
(52) The following amendments to the plan were submitted on August
5, 1981, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended Rules R9-3-1002, R9-3-1003, R9-3-1005, R9-3-1006,
R9-3-1008, R9-3-1010 to R9-3-1014, R9-3-1016, R9-3-1019, R9-3-1023, R9-
3-1025, R9-3-1027, and R9-3-1030.
(ii) Arizona Revised Statutes.
(A) Inspection and Maintenance--Chapter 14, Article 3. Annual
Emissions Inspection of Motor Vehicles, Sections 36-1771 to 36-1775, 36-
1708.01, 36-1709 to 36-1711, 36-1712 to 36-1712.04, 36-1713, 36-1713.01,
36-1714 to 36-1717, 36-1718, 36-1718.01, 36-1719, 36-1720, and 36-1776
to 36-1780.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Statutes 36-1709 to 36-1712, 36-1712.01 to 36-1712.04, 36-
1713, 36-1713.01, and 36-1714 to 36-1716.
(53) The following amendments to the plan were submitted on March 8,
1982, by the Governor's designee.
(i) Maricopa County Bureau of Air Pollution Control Rules and
Regulations.
(A) Rules 2 (Nos. 11 and 33, and deletion of Nos. 18, 49, 50, 52,
and 54), 28 and 33.
(ii) The Improvement Schedules for Transit System and Rideshare
Program in Metropolitan Pima County.
(54) The following amendments to the plan were submitted on June 3,
1982 by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended Rule R9-3-515 Paragraphs C to C.1. and C.1.i.;
C.3.a. and C.3.d. to C.3.g.; C.4. and C.4.h.; C.5.a.; C.6.a. and
C.6.b.iv.; and C.9.).
(B) New or amended rules R9-3-101 (Nos. 3, 7, 8, 17, 18, 19, 20, 21,
29, 34, 35, 37, 56, 61, 62, 63, 68, 69, 75, 77, 78, 79, 88, 89, 90, 91,
98, 99, 101, 117, 122, 129, 133, 136, 146, and 157; 53 and 123 are
deleted); R9-3-217; R9-3-301; R9-3-304; R9-3-305; R9-3-306 (paragraph A
only); R9-3-320 (Repealed and Reserved); R9-3-1101 (paragraphs A, C, and
D); Appendix 1; and Appendix 2.
(C) New or amended rules R9-3-101 (Nos. 4 to 6, 9 to 16, 22 to 28,
30 to 33, 36, 38 to 55, 57 to 60, 64 to 67, 70 to 74, 76, 80 to 87, 92
to 97, 100, 102 to 116, 118 to 121, 123 to 128, 130 to 132, 134, 135,
137 to 141, 142 to 145, 147 to 156, and 158 are renumbered only); R9-3-
219; R9-3-502 (paragraph A to A.1 and A.2); R9-3-505 (paragraph B to
B.1, B.2, B.3, and B.4); R9-3-508 (paragraph B to B.1, B.2, and B.5);
R9-3-511 (paragraph A to A.1 and A.2); R9-3-513 (paragraph A to A.1 and
A.2); R9-3-516 (paragraph A to A.1 and A.2); R9-3-517 (paragraph A to
A.1); R9-3-518 (paragraph A to A.1 and A.2); R9-3-520 (paragraph A to
A.1 and A.2); R9-3-521 (paragraph A to A.1 and A.2); R9-3-522 (paragraph
A to A.1 and A.2); and Appendix 8 (Sections A8.3.1 and A8.3.2).
[[Page 90]]
(D) New or amended rules R9-3-302 (paragraphs A-H); and R9-3-303
(paragraphs A to C and E to I), adopted on May 26, 1982.
(E) Previously approved and now removed (without replacement) rule
R9-3-101, No. 46.
(55) The following amendments to the plan were submitted by the
Governor's designee on March 4, 1983.
(i) Incorporation by reference.
(A) Maricopa County Health Department, Bureau of Air Quality
Control.
(1) New or amended rule 21.0:A-C, D.1.a-d, and E adopted on October
25, 1982.
(56) The following amendments to the plan were submitted on February
3, 1984, by the Governor's designee.
(i) Arizona State Rules and Regulations for Air Pollution Control.
(A) New or amended rules R9-3-101 (No.'s 98 and 158), R9-3-201 to
R9-3-207, R9-3-215, R9-3-218, R9-3-310, R9-3-322, R9-3-402, R9-3-404,
R9-3-502, R9-3-515 (paragraph (c)), R9-3-529, R9-3-1101, and Appendices
I and II.
(B) New or amended rules R9-3-101, Nos. 135 and 157, adopted on
September 19, 1983.
(57) The following amendments to the plan were submitted by the
Governor's designee on April 17, 1985.
(i) Incorporation by reference.
(A) Maricopa County Health Department, Bureau of Air Quality
Control.
(1) New or amended regulations: rule 21.0: D.1., D.1.e, f, and g
adopted on July 9, 1984.
(58) The following amendments to the plan were submitted by the
Governor's designee on October 18, 1985.
(i) Incorporation by reference.
(A) Pima County Health Department.
(1) New or amended regulations: Regulation 16: Rule 166; Regulation
17; Rules 171 and 175; Regulation 20: Rule 202; Regulation 37: Rules
371, 372, 373, Figure 371-A, Figure 371-C, and Figure 372; and
Regulation 38, Rule 381, A1, 2, 3, 4, 5, and B, adopted on December 6,
1983.
(59) The following amendments to the plan were submitted by the
Governor's designee on October 24, 1985.
(i) Incorporation by reference.
(A) Arizona Department of Health Services.
(1) New or amended rule R9-3-303, adopted on September 28, 1984.
(60) The following amendments to the plan were submitted by the
Governor's designee on October 5, 1987.
(i) Incorporation by reference.
(A) Arizona Department of Health Services.
(1) New or amended rules R9-3-1001 (Nos. 8, 25, 33, 34, 38, 39, 40,
and 43, No. 8), R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1009,
R9-3-1010, R9-3-1011, R9-3-1013, R9-3-1016, R9-3-1018, R9-3-1019, R9-3-
1025, R9-3-1026, R9-3-1027, R9-3-1028, R9-3-1030, and R9-3-1031, adopted
on December 23, 1986.
(2) Previously approved and now removed (without replacement), Rule
R9-3-1014.
(B) The Maricopa Association of Governments (MAG) 1987 Carbon
Monoxide (CO) Plan for the Maricopa County Area, MAC CO Plan Commitments
for Implementation, and Appendix A through E, Exhibit 4, Exhibit D,
adopted on July 10, 1987.
(61) The following amendments to the plan were submitted by the
Governor's designee on January 6, 1988.
(i) Incorporation by reference.
(A) The 1987 Carbon Monoxide State Implementation Plan Revision for
the Tucson Air Planning Area adopted on October 21, 1987.
(62) The following amendments to the plan were submitted by the
Governor's designee on March 23, 1988.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) Senate Bill 1360: Section 6: ARS 15-1444-C (added), Section 7:
QRS 15-1627-F (added), Section 21: ARS 49- 542-A (amended, Section 21:
ARS 49-542-E (added), Section 21: ARS 49-542-J.3.(b) (amended), and
Section 23: ARS 49-550-E (added), adopted on May 22, 1987.
(2) Senate Bill 1360: Section 2: ARS 9-500.03 (added), Section 14:
ARS 41-796.01 (added); Section 17: 49-454 (added), Section 18: 49-474.01
(added), and Section 25: ARS 49-571 (added), adopted on May 22, 1987.
(63) The following amendments to the plan were submitted by the
governor's designee on May 26, 1988:
(i) Incorporation by reference.
(A) Travel reduction ordinances for Pima County: Inter governmental
[[Page 91]]
Agreement (IGA) between Pima County, City of Tucson, City of South
Tucson, Town of Oro Valley and Town of Marana, April 18, 1988; Pima
County Ordinance No. 1988-72, City of Tucson ordinance No. 6914, City of
South Tucson Resolutions No. 88-01, 88-05, Town of Oro Valley
Resolutions No. 162, 326 and 327, Town of Marana Resolutions No. 88-06,
88-07 and Ordinance No. 88.06.
(64) The following amendments to the plan were submitted by the
Governor's designee on June 1, 1988.
(i) Incorporation by reference.
(A) Letter from the Arizona Department of Environmental Quality,
dated June 1, 1988, committing to administer the provisions of the
Federal New Source Review regulations consistent with EPA's
requirements. The commitments apply to the issuance of, or revision to,
permits for any source which is a major stationary source or major
modification as defined in 40 Code of Federal Regulations, part 51,
subpart I.
(65) The following amendments to the plan were submitted by the
Governor's designee on July 18, 1988.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) House Bill 2206, Section 2: ARS 15-1627 (amended); Section 6:
Title 28, ARS Chapter 22, Article 1, ARS 28-2701, ARS 28-2702, ARS 28-
2703, ARS 28-2704, and ARS 28-2705 (added); Section 7: ARS 41.101.03
(amended); Section 9: ARS 41-2605 (amended); Section 10: ARS 41-2066
(amended); Section 11: ARS 41-2083 (amended); Section 13: Title 41,
Chapter 15, Article 6, ARS 41-2121: Nos. 1, 3, 4, 5, 6, 7, 8, and 9, ARS
41-2122, ARS 41-2123, ARS 41-2124 (added); Section 15: Title 49, Chapter
3, Article 1, ARS 49-403 to 49-406 (added); Section 17: Title 49,
Chapter 3, Article 3, ARS 49-506 (added); Section 18; ARS 49-542
(amended); Section 19: ARS 49-550 (amended); Section 20: ARS 49-551
(amended); Section 21: Title 49, Chapter 3, Article 5, ARS 49-553
(added), Section 22: ARS 49-571 (amended); Section 23: Title 49, Chapter
3, Article 8, ARS 49-581, ARS 49-582, ARS 49-583, ARS 49-584, ARS 49-
585; ARS 49-586, ARS 49-588, ARS 49-590, and ARS 49-593 (added); Section
25: Definition of major employer, Section 27: Appropriations; Section
29: Delayed effective dates, adopted on June 28, 1988.
(2) House Bill 2206 section 6 which added, under Arizona Revised
Statutes, title 28, chapter 22, new sections 28-2701 through 28-2708,
and section 13 which added, under Arizona Revised Statutes, title 41,
chapter 15, Article 6 new sections 41-2125A and 41-2125B. (Oxygenated
fuels program for Pima County.)
(66) The following amendments to the plan were submitted by the
Governor's designee on July 22, 1988.
(i) Incorporation by reference.
(A) Letter from the Pima County Health Department, Office of
Environmental Quality, dated April 24, 1988 committing to administer the
New Source Review provisions of their regulations consistent with EPA's
requirements. The commitments apply to the issuance of, or revision to,
permits for any source which is a major stationary source of major
modification as defined in 40 Code of Federal Regulations, part 51,
subpart I.
(B) Letter from Maricopa County Department of Health Services,
Division of Public Health, dated April 28, 1988 and submitted to EPA by
the Arizona Department of Environmental Quality July 25, 1988,
committing to administer the New Source Review provisions of their
regulations, consistent with EPA's requirements. These commitments apply
to the issuance of, or revision to, permits for any source which is a
major stationary source or major modification as defined in the Code of
Federal Regulations, part 51, subpart I.
(C) Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa
County Nonattainment Area, July 21, 1988 (supplemental information
related to the SIP revision of July 18, 1988).
(D) Commitment in the July 22, 1988 submittal letter to apply the
oxygenated fuels program of the July 18, 1988 submittal to Pima County.
(67) Regulations for the Maricopa County Bureau of Air Pollution
Control were submitted on January 4, 1990 by the Governor's designee.
(i) Incorporation by reference.
(A) Amended regulations: Regulation II, rule 220 and Regulation III,
rule 335, both adopted July 13, 1988.
(B) Amended Maricopa County Division of Air Pollution Control Rule
314, adopted July 13, 1988.
[[Page 92]]
(C) Amended Regulation VI, Rule 600, revised on July 13, 1988.
(D) Rules 312 and 314, adopted on July 13, 1998.
(68) The following amendments to the plan were submitted by the
Governor's designee on June 11, 1991.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) House Bill 2181 (approved, May 21, 1991), section 1: Arizona
Revised Statute (A.R.S.) 41-2065 (amended); section 2: A.R.S. 41-2083
(amended); section 3: A.R.S. section 41-2122 (amended); section 4:
A.R.S. Section 41-2123 (amended); and section 5: A.R.S. section 41-2124
(repealed).
(69) The following amendment to the plan was submitted by the
Governor's designee on May 27, 1994.
(i) Incorporation by reference.
(A) Maricopa County Bureau of Air Pollution Control stage II vapor
recovery program, adopted on August 27, 1993.
(70) New and amended regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on June 29, 1992, by the Governor's designee.
(i) Incorporation by reference.
(A) New Rules 337, 350, and 351, adopted on April 6, 1992.
(71) New and amended regulations for the following agencies were
submitted on August 15, 1994 by the Governor's designee.
(i) Incorporation by reference.
(A) Pinal County Air Quality Control District.
(1) Chapter 1, Article 3, section 1-3-140, subsections 5, 15, 21,
32, 33, 35, 50, 51, 58, 59, 103, and 123, adopted on November 3, 1993;
Chapter 3, Article 1, section 3-1-081(A)(8)(a), adopted on November 3,
1993; Chapter 3, Article 1, section 3-1-084, adopted on August 11, 1994;
and Chapter 3, Article 1, section 3-1-107, adopted on November 3, 1993.
(72) New and amended plans and regulations for the following
agencies were submitted on November 13, 1992 by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on November 13, 1992.
(B) Maricopa County Environmental Quality and Community Services
Agency.
(1) Rule 340, adopted on September 21, 1992.
(73) [Reserved]
(74) Plan revisions were submitted by the Governor's designee on
March 3, 1994.
(i) Incorporation by reference.
(A) Maricopa County Environmental Services Department new Rule 316,
adopted July 6, 1993, and revised Rule 311, adopted August 2, 1993.
Note: These rules are restored as elements of the State of Arizona Air
Pollution Control Implementation Plan effective September 3, 1997.
(B) [Reserved]
(75) Program elements submitted on November 14, 1994, by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Department of Environmental Quality.
(1) Basic and Enhanced Inspection and Maintenance Vehicle Emissions
Program. Adopted on September 15, 1994.
(76) Program elements were submitted on February 1, 1995 by the
Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on February 1, 1995.
(77) Amended regulations for the following agency were submitted on
December 19, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Environmental Services Department.
(1) Rule 334, adopted on September 20, 1994.
(78) New and amended regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on February 4, 1993, by the Governor's designee.
(i) Incorporation by reference.
(A) New Rule 352, adopted on November 16, 1992.
(B) [Reserved]
(C) Rule 339, adopted on November 16, 1992.
[[Page 93]]
(79) New and amended regulations for the following agencies were
submitted on June 29, 1992 by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Environmental Quality and Community Services
Agency.
(1) Rule 353, adopted on April 6, 1992.
(80) New and amended regulations for the following agencies were
submitted on August 10, 1992 by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Environmental Quality and Community Services
Agency.
(1) Rules 331 and 333, adopted on June 22, 1992.
(81) Amended regulation for the following agency was submitted on
August 16, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) Maricopa County Environmental Services Department.
(1) Rule 341, adopted on August 5, 1994.
(82) New and amended rules and regulations for the Maricopa County
Environmental Services Department--Air Pollution Control were submitted
on August 31, 1995, by the Governor's designee.
(i) Incorporated by reference.
(A) Rule 343, adopted on February 15, 1995.
(B) [Reserved]
(C) Rule 351, revised on February 15, 1995.
(D) Rule 318 and Residential Woodburning Restriction Ordinance,
adopted on October 5, 1994.
(E) Maricopa County.
(1) Ordinance P-7, Maricopa County Trip Reduction Ordinance, adopted
May 26, 1994.
(83) New and revised rules and regulations for the Maricopa County
Environmental Services Department-Air Pollution Control were submitted
on February 26, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Rules 331, 333, and 334, revised on June 19, 1996, and Rule 338,
adopted on June 19, 1996.
(B) Rule 336, adopted on July 13, 1988 and revised on June 19, 1996.
(84) Amended regulations for the Pinal County Air Quality Control
District were submitted on November 27, 1995, by the Governor's
designee.
(i) Incorporation by reference.
(A) Rules 1-1-020, 1-1-030, 1-1-040, 1-1-060, 1-1-070, 1-1-080, 1-1-
100, 1-2-110, 2-1-010, 2-1-020, 2-1-030, 2-1-040, 2-1-050, 2-1-060, 2-1-
070, 2-2-080, 2-2-090, 2-3-100, 2-3-110, 2-4-120, 2-4-130, 2-4-140, 2-4-
150, 2-5-170, 2-5-210, 2-6-220, 2-7-230, 2-7-240, 2-7-250, 2-7-260, 2-7-
270, 3-1-020, 3-1-132, adopted on June 29, 1993.
(B) Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 3-1-065, 3-1-
070, 3-1-082, 3-1-085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 3-1-110, 3-1-
120, 3-1-140, 3-1-150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 3-1-177, 3-2-
180, 3-2-185, 3-2-190, 3-2-195, 3-3-200, 3-3-203, 3-3-205, 3-3-260, 3-3-
270, 3-3-275, 3-3-280, adopted on November 3, 1993.
(C) Rules 1-1-010, 1-1-106, 2-5-190, 2-5-200, 3-1-042, 3-1-060, 3-1-
081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 3-3-
250, adopted on February 22, 1995.
(D) Rules 1-3-130, 1-3-140, 2-5-160, 2-5-180, 3-1-040, 3-1-050,
adopted on October 12, 1995.
(E) Rules 5-22-950, 5-22-960, and 5-24-1045 codified on February 22,
1995.
(F) Amendments to Rules 5-18-740, 5-19-800, and 5-24-1055 adopted on
February 22, 1995.
(85) New and revised rules and regulations for the Maricopa County
Environmental Services Department-Air Pollution Countrol were submitted
on March 4, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Rule 337, revised on November 20, 1996, and Rules 342 and 346,
adopted on November 20, 1996.
(86) [Reserved]
(87) New and amended fuel regulations for the following Arizona
Department of Environmental Quality plan revisions were submitted on
April 29, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) Section 13 of H.B, 2001 (A.R.S. Sec. 41-2083(E)), adopted on
November 12, 1993.
(88) Plan revisions were submitted on May 7, 1997 by the Governor's
designee.
(i) Incorporation by reference.
(A) Maricopa County Environmental Services Department.
[[Page 94]]
(1) Rule 310, adopted September 20, 1994.
(2) Resolution To Improve the Administration of Maricopa County's
Fugitive Dust Program and to Foster Interagency Cooperation, adopted May
14, 1997.
(B) The City of Phoenix, Arizona.
(1) A Resolution of the Phoenix City Council Stating the City's
Intent to Work Cooperatively with Maricopa County to Control the
Generation of Fugitive Dust Pollution, adopted April 9, 1997.
(C) The City of Tempe, Arizona.
(1) A Resolution of the Council of the City of Tempe, Arizona,
Stating Its Intent to Work Cooperatively with Maricopa County to Control
the Generation of Fugitive Dust Pollution, adopted March 27, 1997.
(D) The Town of Gilbert, Arizona.
(1) A Resolution of the Mayor and the Common Council of the Town of
Gilbert, Maricopa County, Arizona, Providing for the Town's Intent to
Work Cooperatively with Maricopa County, Arizona, to Control the
Generation of Fugitive Dust Pollution, adopted April 15, 1997.
(E) The City of Chandler, Arizona.
(1) A Resolution of the City Council of the City of Chandler,
Arizona, Stating the City's Intent to Work Cooperatively with Maricopa
County to Control the Generation of Fugitive Dust Pollution, adopted
March 27, 1997.
(F) The City of Glendale, Arizona.
(1) A Resolution of the Council of the City of Chandler, Maricopa
County, Arizona, Stating Its Intent to Work Cooperatively with Maricopa
County to Control the Generation of Fugitive Dust Pollution, adopted
March 25, 1997.
(G) The City of Scottsdale, Arizona.
(1) A Resolution of the Scottsdale City Council Stating the City's
Intent to Work Cooperatively with Maricopa County to Control the
Generation of Fugitive Dust Pollution, adopted March 31, 1997.
(H) The City of Mesa, Arizona.
(1) A Resolution of the Mesa City Council Stating the City's Intent
to Work Cooperatively with Maricopa County to Control the Generation of
Particulate Air Pollution and Directing City Staff to Develop a
Particulate Pollution Control Ordinance Supported by Adequate Staffing
Levels to Address Air Quality, adopted April 23, 1997.
(89) Plan revisions were submitted on September 12, 1997 by the
Governer's designee.
(i) Incorporation by reference
(A) Arizona Cleaner Burning Gasoline Interim rule submitted as a
revision to the Maricopa Country Ozone Nonattainment Area Plan, adopted
on September 12, 1997.
(90) Plan revisions were submitted on January 21, 1998 by the
Governer's designee.
(i) Incorporation by reference.
(A) Arizona Cleaner Burning Gasoline Interim rule submitted as a
revision to the PM-10 Maricopa County State Implementation Plan, adopted
on September 12, 1997.
(91) The following amendments to the plan were submitted on October
6, 1997 by the Governor's designee.
(A) Arizona Revised Statutes.
(i) Incorporation by reference.
(1) Senate Bill 1002, Sections 26, 27 and 28: ARS 41-2083 (amended),
41-2122 (amended), 41-2125 (amended), adopted on July 18, 1996.
(92) Plan revisions were submitted on March 3, 1995, by the
Governor's designee.
(A) Arizona State Administrative Code Title 18, Chapter 2, Article
14, adopted on December 23, 1994.
(93) Plan revisions were submitted on September 4, 1998 by the
Governor's designee.
(i) Incorporation by reference.
(A) Arizona Revised Statute 49-457.
(94) New and amended rules and regulations for the Maricopa County
Environmental Services Department-Air Pollution Control were submitted
on August 4, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) Rule 336, adopted on July 13, 1988 and revised on April 7, 1999
and Rule 348, adopted on April 7, 1999.
(B) Rule 318 and Residential Woodburning Restriction Ordinance,
revised on April 21, 1999.
(C) Rule 347, adopted on March 4, 1998.
(D) Rule 316, adopted on April 21, 1999.
[[Page 95]]
(95) The following amendments to the plan were submitted on August
11, 1998 by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) Senate Bill 1427, Section 14: ARS 49-401.01 (amended) and
Section 15: 49-406 (amended), approved on May 29, 1998.
(96) The following amendments to the plan were submitted on
September 1, 1999 by the Governor's designee.
(i) Incorporation by reference.
(A) Arizona Revised Statutes.
(1) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section 2:
49-541.01 (amended); Section 3: 49-542 (amended); Section 4: 49-545
(amended); Section 5: 49-557 (amended); Section 6: 49-573 (amended);
Section 7: 41-803 (amended) and Section 8: 41-401.01 (amended), adopted
on May 18, 1999.
(2) House Bill 2189, Section 3: ARS 41-796.01 (amended); Section 9:
41-2121 (amended); Section 40: 49-401.01 (amended), Section 41: 49-402
(amended); Section 42: 49-404 (amended): Section 43:49-454 (amended);
Section 44: 49-541 (amended); and Section 46: 49-571 (amended), adopted
on May 18, 1999
[37 FR 10849, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.120, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Effective Date Note 1: At 66 FR 27874, May 21, 2001,Sec. 52.120 was
amended by adding paragraphs (c)(18)(i)(B), (c)(18)(ii)(A),
(c)(18)(iii)(A), and (c)(35)(i)(B), effective July 20, 2001. For the
convenience of the user, the added text follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(18) * * *
(i) * * *
(B) Previously approved on November 15, 1978 in paragraph (i) of
this section and now deleted without replacement Rules 12-1-1 through
12-1-3, 12-2-2, 12-2-4, 12-2-5, 12-2-7 through 12-2-13, 12-3-1, 12-3-3
through 12-3-6, 12-4-1 through 12-4-5, 12-5-1 through 12-5-4, 12-6-1
through 12-6-4, and 12-7-1.
(ii) * * *
(A) Previously approved on November 15, 1978 in paragraph (ii) of
this section and now deleted without replacement Rules 1-1 through 1-4,
2-1 through 2-5, 3-1, 3-2, 3-6, 4-1, 4-2, 5-1, 6-1 through 6-4, and 7.
(iii) * * *
(A) Previously approved on November 15, 1978 in paragraph (iii) of
this section and now deleted without replacement Rules 8-1-1.1, 8-1-2.7,
8-1-2.10, 8-1-4.2 through 8-1-4.5, 8-1-5.1 through 8-1-5.4, 8-1-6.1, 8-
1-7.1, 8-1-7.2, 8-1-8.1, and 8-1-8.2.
* * * * *
(35) * * *
(i) * * *
(B) Previously approved on April 12, 1982 in paragraph (i)(A) of
this section and now deleted without replacement Rules 8-1-1.2 through
8-1-1.6, 8-1-1.8 through 8-1-1.13, 8-1-2.1 through 8-1-2.6, 8-1-2.8, 8-
1-3.1 through 8-1-3.20, Appendix I, and Appendix II.
* * * * *
Effective Date Note 2: At 66 FR 28668, May 24, 2001, Sec. 52.120 was
amended by adding paragraph (c)(94)(i)(E), effective July 23, 2001. For
the convenience of the user the added text is set forth as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(94) * * *
(i) * * *
(E) Rule 344, adopted on April 7, 1999.
* * * * *
Effective Date Note 3: At 66 FR 30817, June 8, 2001, Sec. 52.120 was
amended by adding paragraph (c)(94)(i)(F), effective Aug. 7, 2001. For
the convenience of the user the added text is set forth as follows:
Sec. 52.120 Identification of plan.
* * * * *
(c) * * *
(94) * * *
(i) * * *
(F) Rule 349, adopted on April 7, 1999.
* * * * *
Sec. 52.121 Classification of regions.
The Arizona plan is evaluated on the basis of the following
classifications:
[[Page 96]]
----------------------------------------------------------------------------------------------------------------
Classifications
AQCR (constituent counties) -------------------------------------------------
PM SOX NO2 CO O3
----------------------------------------------------------------------------------------------------------------
Maricopa Intrastate (Maricopa)................................ I III III I I
Pima Intrastate (Pima)........................................ I II III III I
Northern Arizona Intrastate (Apache, Coconino, Navajo, I III III III III
Yavapai).....................................................
Mohave-Yuma Intrastate (Mohave, Yuma)......................... I III III III III
Central Arizona Intrastate (Gila, Pinal)...................... I IA III III III
Southeast Arizona Intrastate (Cochise, Graham, Greenlee, Santa I IA III III III
Cruz)........................................................
----------------------------------------------------------------------------------------------------------------
[45 FR 67345, Oct. 10, 1980]
Sec. 52.122 [Reserved]
Sec. 52.123 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approved Arizona's plan for the attainment of the national standards.
(b) With the exception set forth in Secs. 52.130 and 52.135, the
Administrator approves the inspection and maintenance (I/M) program for
motor vehicles; the carpool matching program; certain transit
improvements; and certain traffic flow improvement and site-specific
traffic control measures.
(c) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph.
(1) For TSP, the portion of the Tucson TSP Air Planning Area falling
both within the area described by connecting the geographic points in
the order listed below in this paragraph and within the townships and
sections described below in this paragraph:
Latitude 32 deg.38.5' N, Longitude 111 deg.24.0' W
Latitude 32 deg.26.5' N, Longitude 110 deg.47.5' W
Latitude 32 deg.12.5' N, Longitude 110 deg.32.5' W
Latitude 31 deg.49.5' N, Longitude 110 deg.25.5' W
Latitude 31 deg.42.0' N, Longitude 110 deg.50.5' W
Latitude 31 deg.52.5' N, Longitude 111 deg.12.5' W
Latitude 31 deg.24.5' N, Longitude 111 deg.29.0' W
(and return to initial point)
T9S, R9-11E
T10S, R9-13E
T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters
only) and 7 (NE and SE quarters only)
T13S, R14E: sections 19-21, 26-35
T14S, R13E: sections 1-3, 10-14, 23-25
T14S, R14E: sections 3-9, 17-19, 30
T17S, R19E
T18S, R19E
T20S, R14-15E
(d) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph. In addition, continued satisfaction of the requirements of
Part D for the ozone portion of the State Implementation Plan (SIP)
depends on the adoption and submittal by January 1, 1981, of reasonably
available control technology (RACT) requirements for sources covered by
Control Technique Guidelines (CTG's) published between January 1978 and
January 1979.
(1) Maricopa County Urban Planning Area for O3.
(e) The Administrator finds that the plan does not satisfy all the
requirements of Part D, Title I, of the Clean Air Act as amended in 1977
for the nonattainment and area pollutants listed in this paragraph.
(1) Maricopa County Urban Planning Area for CO and TSP.
(2) [Reserved]
(3) The following portion of the Tucson TSP Air Planning Area: The
area described by connecting the following geographic points in the
order listed below:
Latitude 32 deg.38.5' N, Longitude 111 deg.24.0' W
Latitude 32 deg.26.5' N, Longitude 110 deg.47.5' W
Latitude 32 deg.12.5' N, Longitude 110 deg.32.5' W
Latitude 31 deg.49.5' N, Longitude 110 deg.25.5' W
Latitude 31 deg.42.0' N, Longitude 110 deg.50.5' W
Latitude 31 deg.52.5' N, Longitude 111 deg.12.5' W
Latitude 31 deg.24.5' N, Longitude 111 deg.29.0' W
(and return to initial point)
Excluding the area within the following townships:
T9S, R9-11E
T10S, R9-13E
T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters
only) and 7 (NE and SE quarters only)
T13S, R14E: sections 19-21, 26-35
[[Page 97]]
T14S, R13E: sections 1-3, 10-14, 23-25
T14S, R14E: sections 3-9, 17-19, 30
T17S, R19E
T18S, R19E
T20S, R14-15E
(f) Maricopa County PM-10 Nonattainment Area (Phoenix Planning
Area). (1) Plan for Attainment of the 24-hour PM-10 Standard--Maricopa
County PM-10 Nonattainment Area (May, 1997) submitted by the Arizona
Department of Environmental Quality on May 7, 1997.
(i) The Administrator approves the provisions for implementing RACM
and BACM for the significant source categories of disturbed cleared
areas, earth moving, and industrial haul roads.
(ii) The Administrator approves the attainment and reasonable
further progress demonstrations for the Maryvale PM-10 monitoring site
and Salt River PM-10 monitoring site.
(iii) The approvals in paragraphs (f)(1) (i) and (ii) of this
section are applicable only to the plan identified in paragraph (f)(1)
of this section and do not constitute the Administrator's final decision
as to the State's full compliance with the requirements of Clean Air Act
sections 189(a)(1)(C) and 189(b)(1)(B) for RACM and BACM and sections
189(a)(1)(B), 189(b)(1)(A) and 189(c)(1) for attainment and reasonable
further progress.
(g) Pursuant to the Federal planning authority in section 110(c) of
the Clean Air Act, the Administrator finds that the applicable
implementation plan for the Maricopa County ozone nonattainment area
demonstrates the 15 percent VOC rate of progress required under section
182(b)(1)(A)(i).
(h) Pursuant to the federal planning authority in section 110(c) of
the Clean Air Act, the Administrator finds that the applicable
implementation plan for the Maricopa County PM-10 nonattainment area
provides for the implementation of reasonably available control measures
as required by section 189(a)(1)(C) and demonstrates attainment by the
applicable attainment date as required and allowed by sections 172(c)(2)
and 189(a)(1)(B).
(i) The Administrator approves the Maintenance Plan for the Tucson
Air Planning Area submitted by the Arizona Department of Environmental
Quality on October 6, 1997 as meeting requirements if section 175(A) of
the Clean Air Act and the requirements of EPA's Limited Maintenance Plan
option. The Administrator approves the Emmisions Inventory contained in
the Maintenance Plan as meeting the requirements of section 172(c)(3) of
the Clean Air Act.
[38 FR 33373, Dec. 3, 1973, as amended at 48 FR 254, Jan. 4, 1983; 51 FR
3336, Jan. 27, 1986; 51 FR 33750, Sept. 23, 1986; 62 FR 41864, Aug. 4,
1997; 63 FR 28904, May 27, 1998; 63 FR 41350, Aug. 3, 1998; 65 FR 36358,
June 8, 2000]
Sec. 52.124 Part D disapproval.
(a) The following portions of the Arizona SIP are disapproved
because they do not meet the requirements of Part D of the Clean Air
Act.
(1) The attainment demonstration, conformity and contingency
portions of the 1987 Maricopa Association of Governments Carbon Monoxide
Plan and 1988 Addendum.
(2) [Reserved]
(b) Maricopa County PM-10 Nonattainment Area (Phoenix Planning
Area). (1) Plan for Attainment of the 24-hour PM-10 Standard--Maricopa
County PM-10 Nonattainment Area (May, 1997) submitted by the Arizona
Department of Environmental Quality on May 7, 1997.
(i) The Administrator disapproves the provisions for implementing
RACM and BACM for the significant source categories of agricultural
fields, agricultural aprons, vacant lands, unpaved parking lots, and
unpaved roads.
(ii) The Administrator disapproves the attainment and reasonable
further progress demonstrations for the Gilbert PM-10 monitoring site
and West Chandler PM-10 monitoring site.
(iii) The disapprovals in paragraphs (f)(1) (i) and (ii) of this
section are applicable only to the plan identified in paragraph (f)(1)
of this section and do not constitute the Administrator's final decision
as to the State's full compliance with the requirements of Clean Air Act
sections 189(a)(1)(C) and 189(b)(1)(B) for RACM and BACM and sections
189(a)(1)(B), 189(b)(1)(A) and 189(c)(1) for attainment and reasonable
[[Page 98]]
further progress. Therefore such disapprovals do not constitute state
failures for the purpose of triggering sanctions under Sec. 179(a) of
the Clean Air Act.
(c) The Administrator disapproves the attainment demonstration for
the annual PM-10 national ambient air quality standard and the
provisions for implementation of reasonably available control measures
for the annual PM-10 national ambient air quality standard in the MAG
1991 Particulate Plan for PM-10 for the Maricopa County Area and 1993
Revisions (July 1993) submitted by the Arizona Department of
Environmental Quality on August 11, 1993 as revised by the submittal of
a Revised Chapter 9 on March 3, 1994 because they do not meet the
requirements of sections 189(a)(1)(B) and 189(a)(1)(C) of Part D of
title I of the Clean Air Act.
[56 FR 5478, Feb. 11, 1991, as amended at 62 FR 41864, Aug. 4, 1997; 63
FR 41350, Aug. 3, 1998; 65 FR 36358, June 8, 2000]
Sec. 52.125 Control strategy and regulations: Sulfur oxides.
(a)(1) The requirements of subpart G of this chapter are not met
since the control strategy does not analyze the impact of smelter
fugitive emissions on ambient air quality (except at Hayden, Arizona) in
the Central Arizona Intrastate, the Pima Intrastate, and the Southeast
Arizona Intrastate (Cochise and Greenlee counties) Regions. Arizona must
submit these smelter fugitive emissions control strategies to EPA by
August 1, 1984. In addition, the requirements of Sec. 51.281 of this
chapter are not met since the plan does not require permanent control of
fugitive smelter emissions necessary to attain and maintain the national
standards for sulfur oxides. The control strategy for Hayden shows that
these controls are required to attain and maintain the national
standards, and the fugitive control strategy analyses required above may
show that they are required for some or all of the other smelter towns
in Arizona. Arizona must submit all fugitive emissions control
regulations necessary to attain and maintain the national standards for
sulfur oxides to EPA by August 1, 1984. Therefore, the control
strategies and regulations for the six smelter areas in the Central
Arizona Intrastate, the Pima Intrastate and the Southeast Arizona
Intrastate (Cochise and Greenlee counties) Regions are incomplete due to
Arizona's failure to address the fugitive emissions problems at copper
smelters.
(2) Regulation 7-1-4.1 (copper smelters) of the Arizona Rules and
Regulations for Air Pollution Control, as it pertains to existing copper
smelters, is disapproved for the Central Arizona Intrastate, Pima
Intrastate and Southeast Arizona Intrastate (Cochise and Greenlee
counties) Regions.
(b) The requirements of subpart G and Sec. 51.281 of this chapter
are not met since the plan does not provide the degree of control
necessary to attain and maintain the national standards for sulfur
oxides in the Northern Arizona Intrastate Region. Th erefore, Regulation
7-1-4.2(C) (fuel burning installations) of the Arizona Rules and
Regulations for Air Pollution Control, as it pertains to existing
sources, is disapproved in the Northern Arizona Intrastate Region for
steam power generating instal lations having a total rated capacity
equal to or greater than 6,500 million B.t.u. per hour.
(c) Replacement regulation for Regulation 7-1-4.2(C) (Fossil fuel-
fired steam generators in the Northern Arizona Intrastate Region). (1)
This paragraph is applicable to the fossil fuel-fired steam generating
equipment designated as Units 1, 2, and 3 at the Navajo Power Plant in
the Northern Arizona Intrastate Region (Sec. 81.270 of this chapter).
(2) No owner or operator of the fossil fuel-fired steam generating
equipment to which this paragraph is applicable shall discharge or cause
the discharge of sulfur oxides into the atmosphere in excess of the
amount prescribed by the following equations:
E = 12,245 S or e = 1,540 S
where:
E = Allowable sulfur oxides emissions (lb./hr.) from all affected units.
e = Allowable sulfur oxides emissions (gm./sec.) from all affected
units.
S = Sulfur content, in percent by weight, prior to any pretreatment of
the fuel being burned.
(3) For the purposes of this paragraph:
[[Page 99]]
(i) E shall not exceed 21,270 lb./hr. (2,680 gm./sec.).
(ii) If the sum of sulfur oxides emissions from Units 1, 2, and 3
would be less than 3,780 lb./hr. (475 gm./sec.) without the use of
emission control equipment, the requirements of paragraphs (2), (4)(i)
and (5) of this paragraph (c), shall not apply for the period of time
that the emissions remain below this level.
(iii) The applicability of paragraph (c)(2)(ii) of this section may
be determined through a sulfur balance utilizing the analyzed sulfur
content of the fuel being burned and the total rate of fuel consumption
in all affected units.
(4)(i) No owner or operator of the fossil fuel-fired steam
generating equipment subject to this paragraph shall discharge or cause
the discharge of sulfur oxides into the atmosphere from any affected
unit in excess of the amount prescribed by the following equations,
except as provided in paragraph (3)(ii) of this paragraph (c).
E1 = 0.333 E or e1 = 0.333 e
where:
E = Allowable sulfur oxides emissions (lb./hr.) from all affected units
as determined pursuant to paragraph (2) of this paragraph.
e = Allowable sulfur oxides emissions (gm./sec.) from all affected units
as determined pursuant to paragraph (2) of this paragraph (c).
E1 = Allowable sulfur oxides emissions (lb./hr.) from each
affected unit.
e1 = Allowable sulfur oxides emissions (gm./sec.) from each
affected unit.
(ii) The owner or operator of the fossil fuel-fired steam generating
equipment to which this paragraph is applicable may submit a request to
redesignate the allowable emissions specified in paragraph (c)(4)(i) of
this section. Such a request shall be submitted no later than December
2, 1974, and shall demonstrate that sulfur oxides emissions on a total
plant basis will not exceed those specified in paragraphs (2) and (3)(i)
of this paragraph (c). Upon receipt and evaluation of such request, the
Administrator shall consider such and if appropriate, redesignate the
allowable emissions specified in paragraph (c)(4)(i) of this section.
(5) All sulfur oxides control equipment at the fossil fuel-fired
steam generating equipment to which this paragraph is applicable shall
be operated at the maximum practicable efficiency at all times, without
regard to the allowable sulfur oxides emissions, determined according to
paragraph (2) or (3) of this paragraph (c), except as provided in
paragraph (3)(ii) of this paragraph (c).
(6) Compliance with this paragraph shall be in accordance with the
provisions of Sec. 52.134(a).
(7) The test methods and procedures used to determine compliance
with this paragraph shall be those prescribed in Sec. 60.46(c)(2) and
(c)(4) of this chapter. The test methods for determining the sulfur
content of fuel shall be those specified in Sec. 60.45(c) and (d) of
this chapter.
(d)-(e) [Reserved]
(f)(1) Paragraphs B through E of regulation 7-1-4.2 (R9-3-402)
(Sulfur Emissions: Fuel Burning Installations) of the Arizona Air
Pollution Control Regulations are disapproved because they could allow
existing oil fired facilities to use dispersion dependent techniques
alone as a means of attaining and maintaining the national ambient air
quality standards. The regulation does not assure the attainment and
maintenance of the national standards in a manner which is consistent
with the intent of sections 110(a)(2)(B) and 123(a)(2) of the Clean Air
Act.
(2) The approval of paragraphs A and F of regulation 7-1-4.2 as to
coal fired facilities does not apply to the Salt River Project
Agricultural Improvement and Power District-Navajo Generating Station.
(3) Paragraphs B through E of regulation 8-1-4.2 (Sulfur Emissions--
Fuel Burning Installations) of the Yuma County Air Pollution Control
Regulations are disapproved because they could allow existing facilities
to use dispersion dependent techniques alone as a means of attaining and
maintaining the National Ambient Air Quality Standards. This regulation
does not assure the attainment and maintenance of the national standards
in a manner which is consistent with the intent of sections
110(a)(2)(B)and 123(a)(2) of the Clean Air Act.
[[Page 100]]
(g) Section 3, Regulation 3 (Sulfur from Primary Copper Smelters) of
the Mohave County Health Department Air Pollution Control Regulations
and Regulation 7-3-2.1 (Copper Smelters) of the Pinal-Gila Counties Air
Quality Control District are disapproved since Section 36-1706 of the
Arizona Revised Statutes grants exclusive jurisdiction to the Arizona
Department of Health Services and the State Hearing Board over all
existing copper smelters.
(1) The requirements of Sec. 51.13 of this chapter are not met since
the plan does not demonstrate that the emission limitations applicable
to existing fuel burning equipment producing electrical energy will
provide for the attainment and maintenance of the national standards in
the Pima Intrastate Region (Sec. 81.269 of this chapter).
(2) Regulation II: Rule 7A--paragraphs 2 through 5, Emission
Limitations Fuel Burning Equipment--Sulfur Dioxide, of the Rules and
Regulations of the Pima County Air Pollution Control District are
disapproved because they could allow existing facilities to use
dispersion dependent techniques along as a means of attaining and
maintaining the National Ambient Air Quality Standards. The regulation
does not assure the attainment and maintenance of the national standards
in a manner which is consistent with the intent of section 110(a)(2)(B)
of the Clean Air Act.
[37 FR 15081, July 27, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.125, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.126 Control strategy and regulations: Particulate matter.
(a) The requirements of subpart G and Sec. 51.281 of this chapter
are not met since the plan does not provide the degree of control
necessary to attain and maintain the national standards for particulate
matter in Gila, Maricopa, Pima, Pinal, and Santa Cruz Counties.
Therefore, Regulation 7-1-3.6 (process industries) of the Arizona Rules
and Regulations for Air Pollution Control is disapproved for Gila,
Maricopa, Pima, Pinal, and Santa Cruz Counties.
(b) Replacement regulation for Regulation 7-1-3.6 of the Arizona
Rules and Regulations for Air Pollution Control (Gila, Maricopa, Pima,
Pinal, and Santa Cruz Counties). (1) No owner or operator of any
stationary process source in Gila, Maricopa, Pima, Pinal, or Santa Cruz
County shall discharge or cause the discharge of particulate matter into
the atmosphere in excess of the hourly rate shown in the following table
for the process weight rate identified for such source:
[In pounds per hour]
------------------------------------------------------------------------
Process
Process weight rate Emission weight Emission
rate rate rate
------------------------------------------------------------------------
50..................................... 0.36 60,000 29.60
100.................................... 0.55 80,000 31.19
500.................................... 1.53 120,000 33.28
1,000.................................. 2.25 160,000 34.85
5,000.................................. 6.34 200,000 36.11
10,000................................. 9.73 400,000 40.35
20,000................................. 14.99 1,000,000 46.72
------------------------------------------------------------------------
(2) Paragraph (b)(1) of this section shall not apply to
incinerators, fuel burning installations, or Portland cement plants
having a process weight rate in excess of 250,000 lb/h.
(3) No owner or operator of a Portland cement plant in Gila,
Maricopa, Pima, Pinal, or Santa Cruz County with a process weight rate
in excess of 250,000 lb/hr shall discharge or cause the discharge of
particulate matter into the atmosphere in excess of the amount specified
in Sec. 60.62 of this chapter.
(4) Compliance with this paragraph shall be in accordance with the
provisions of Sec. 52.134(a).
(5) The test methods and procedures used to determine compliance
with this paragraph are set forth below. The methods referenced are
contained in the appendix to part 60 of this chapter. Equivalent methods
and procedures may be used if approved by the Administrator.
(i) For each sampling repetition, the average concentration of
particulate matter shall be determined by using method 5. Traversing
during sampling by method 5 shall be according to method 1. The minimum
sampling time shall be 2 hours and the minimum sampling volume shall be
60 ft 3(1.70 m 3), corrected to standard
conditions on a dry basis.
[[Page 101]]
(ii) The volumetric flow rate of the total effluent shall be
determined by using method 2 and traversing according to method 1. Gas
analysis shall be performed using the integrated sample technique of
method 3, and moisture content shall be determined by the condenser
technique of method 4.
(iii) All tests shall be conducted while the source is operating at
the maximum production or combustion rate at which such source will be
operated. During the tests, the source shall burn fuels or combinations
of fuels, use raw materials, and maintain process conditions
representative of normal operation, and shall operate under such other
relevant conditions as the Administrator shall specify.
(c) The requirements of Sec. 51.281 of this chapter are not met
since the plan does not contain regulations for Mohave and Yuma Counties
in the Mohave-Yuma Intrastate Region or Pinal-Gila Counties in the
Central Arizona Intrastate Region which provide enforceable and
reproducible test procedures for the determination of compliance with
the emission standards. Therefore paragraph C of section 3, regulation 2
(Particulates: Other Sources) of the Mohave County Air Pollution Control
Regulations, paragraph B of regulation 8-1-3.6 (Particulates--Process
Industries) of the Yuma County Air Pollution Control Regulations, and
paragraph C of regulation 7-3-1.4 (Particulate Emissions--Incineration)
and paragraph F of regulation 7-3-1.7 (Particulate Emissions--Fuel
Burning Equipment) of the Rules and Regulations for Pinal-Gila Counties
Air Quality Control District are disapproved.
[37 FR 15081, July 27, 1972, as amended at 38 FR 12704, May 14, 1973; 43
FR 53034, Nov. 15, 1978; 45 FR 67346, Oct. 10, 1980; 51 FR 40676, 40677,
Nov. 7, 1986]
Sec. 52.128 Rule for unpaved parking lots, unpaved roads and vacant
lots.
(a) General. (1) Purpose. The purpose of this section is to limit
the emissions of particulate matter into the ambient air from human
activity on unpaved parking lots, unpaved roads and vacant lots.
(2) Applicability. The provisions of this section shall apply to
owners/operators of unpaved roads, unpaved parking lots and vacant lots
and responsible parties for weed abatement on vacant lots in the Phoenix
PM-10 nonattainment area. This section does not apply to unpaved roads,
unpaved parking lots or vacant lots located on an industrial facility,
construction, or earth-moving site that has an approved permit issued by
Maricopa County Environmental Services Division under Rule 200, Section
305, Rule 210 or Rule 220 containing a Dust Control Plan approved under
Rule 310 covering all unpaved parking lots, unpaved roads and vacant
lots. This section does not apply to the two Indian Reservations (the
Salt River Pima-Maricopa Indian Community and the Fort McDowell Mojave-
Apache Indian Community) and a portion of a third reservation (the Gila
River Indian Community) in the Phoenix PM-10 nonattainment area. Nothing
in this definition shall preclude applicability of this section to
vacant lots with disturbed surface areas due to construction, earth-
moving, weed abatement or other dust generating operations which have
been terminated for over eight months.
(3) The test methods described in Appendix A of this section shall
be used when testing is necessary to determine whether a surface has
been stabilized as defined in paragraph (b)(16) of this section.
(b) Definitions. (1) Average daily trips (ADT)--The average number
of vehicles that cross a given surface during a specified 24-hour time
period as determined by the Institute of Transportation Engineers Trip
Generation Report (6th edition, 1997) or tube counts.
(2) Chemical/organic stabilizer--Any non-toxic chemical or organic
dust suppressant other than water which meets any specifications,
criteria, or tests required by any federal, state, or local water agency
and is not prohibited for use by any applicable law, rule or regulation.
(3) Disturbed surface area--Any portion of the earth's surface, or
materials placed thereon, which has been physically moved, uncovered,
destabilized, or otherwise modified from its undisturbed natural
condition, thereby increasing the potential for emission of fugitive
dust.
[[Page 102]]
(4) Dust suppressants--Water, hygroscopic materials, solution of
water and chemical surfactant, foam, or non-toxic chemical/organic
stabilizers not prohibited for use by any applicable law, rule or
regulation, as a treatment material to reduce fugitive dust emissions.
(5) EPA--United States Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, California 94105.
(6) Fugitive dust--The particulate matter entrained in the ambient
air which is caused from man-made and natural activities such as, but
not limited to, movement of soil, vehicles, equipment, blasting, and
wind. This excludes particulate matter emitted directly from the exhaust
of motor vehicles and other internal combustion engines, from portable
brazing, soldering, or welding equipment, and from piledrivers.
(7) Lot--A parcel of land identified on a final or parcel map
recorded in the office of the Maricopa County recorder with a separate
and distinct number or letter.
(8) Low use unpaved parking lot--A lot on which vehicles are parked
no more than thirty-five (35) days a year, excluding days where the
exemption in paragraph (c)(2) of this section applies.
(9) Motor vehicle--A self-propelled vehicle for use on the public
roads and highways of the State of Arizona and required to be registered
under the Arizona State Uniform Motor Vehicle Act, including any non-
motorized attachments, such as, but not limited to, trailers or other
conveyances which are connected to or propelled by the actual motorized
portion of the vehicle.
(10) Off-road motor vehicle--any wheeled vehicle which is used off
paved roadways and includes but is not limited to the following:
(i) Any motor cycle or motor-driven cycle;
(ii) Any motor vehicle commonly referred to as a sand buggy, dune
buggy, or all terrain vehicle.
(11) Owner/operator--any person who owns, leases, operates,
controls, maintains or supervises a fugitive dust source subject to the
requirements of this section.
(12) Paving--Applying asphalt, recycled asphalt, concrete, or
asphaltic concrete to a roadway surface.
(13) Phoenix PM-10 nonattainment area--such area as defined in 40
CFR 81.303, excluding Apache Junction.
(14) PM-10--Particulate matter with an aerodynamic diameter less
than or equal to a nominal 10 micrometers as measured by reference or
equivalent methods that meet the requirements specified for PM-10 in 40
CFR part 50, Appendix J.
(15) Reasonably available control measures (RACM)--Techniques used
to prevent the emission and/or airborne transport of fugitive dust and
dirt.
(16) Stabilized surface--(i) Any unpaved road or unpaved parking lot
surface where:
(A) Any fugitive dust plume emanating from vehicular movement does
not exceed 20 percent opacity as determined in section I.A of Appendix A
of this section; and
(B) Silt loading (weight of silt per unit area) is less than 0.33
ounces per square foot as determined by the test method in section I.B
of Appendix A of this section OR where silt loading is greater than or
equal to 0.33 ounces per square foot and silt content does not exceed
six (6) percent for unpaved road surfaces or eight (8) percent for
unpaved parking lot surfaces as determined by the test method in section
I.B of Appendix A of this section.
(ii) Any vacant lot surface with:
(A) A visible crust which is sufficient as determined in section
II.1 of Appendix A of this section;
(B) A threshold friction velocity (TFV), corrected for non-erodible
elements, of 100 cm/second or higher as determined in section II.2 of
Appendix A of this section;
(C) Flat vegetation cover equal to at least 50 percent as determined
in section II.3 of Appendix A of this section;
(D) Standing vegetation cover equal to or greater than 30 percent as
determined in section II.4 of Appendix A of this section; or
(E) Standing vegetation cover equal to or greater than 10 percent as
determined in section II.4 of Appendix A of this section where threshold
friction velocity, corrected for non-erodible elements, as determined in
section II.2 of
[[Page 103]]
Appendix A of this section is equal to or greater than 43 cm/second.
(17) Unpaved parking lot--A privately or publicly owned or operated
area utilized for parking vehicles that is not paved and is not a Low
use unpaved parking lot.
(18) Unpaved road--Any road, equipment path or driveway used by
motor vehicles or off-road motor vehicles that is not paved which is
open to public access and owned/operated by any federal, state, county,
municipal or other governmental or quasi-governmental agencies.
(19) Urban or suburban open area--An unsubdivided or undeveloped
tract of land adjoining a residential, industrial or commercial area,
located on public or private property.
(20) Vacant lot--A subdivided residential, industrial,
institutional, governmental or commercial lot which contains no approved
or permitted buildings or structures of a temporary or permanent nature.
(c) Exemptions. The following requirements in paragraph (d) of this
section do not apply:
(1) In paragraphs (d)(1), (d)(2) and (d)(4)(iii) of this section:
Any unpaved parking lot or vacant lot 5,000 square feet or less.
(2) In paragraphs (d)(1) and (d)(2) of this section: Any unpaved
parking lot on any day in which ten (10) or fewer vehicles enter.
(3) In paragraphs (d)(4)(i) and (d)(4)(ii) of this section: Any
vacant lot with less than 0.50 acre (21,780 square feet) of disturbed
surface area(s).
(4) In paragraph (d) of this section: Non-routine or emergency
maintenance of flood control channels and water retention basins.
(5) In paragraph (d) of this section: Vehicle test and development
facilities and operations when dust is required to test and validate
design integrity, product quality and/or commercial acceptance. Such
facilities and operations shall be exempted from the provisions of this
section only if such testing is not feasible within enclosed facilities.
(6) In paragraph (d)(4)(i) of this section: Weed abatement
operations performed on any vacant lot or property under the order of a
governing agency for the control of a potential fire hazard or otherwise
unhealthy condition provided that mowing, cutting, or another similar
process is used to maintain weed stubble at least three (3) inches above
the soil surface. This includes the application of herbicides provided
that the clean-up of any debris does not disturb the soil surface.
(7) In paragraph (d)(4)(i) of this section: Weed abatement
operations that receive an approved Earth Moving permit under Maricopa
County Rule 200, Section 305 (adopted 11/15/93).
(d) Requirements. (1) Unpaved parking lots. Any owners/operators of
an unpaved parking lot shall implement one of the following RACM on any
surface area(s) of the lot on which vehicles enter and park.
(i) Pave; or
(ii) Apply chemical/organic stabilizers in sufficient concentration
and frequency to maintain a stabilized surface; or
(iii) Apply and maintain surface gravel uniformly such that the
surface is stabilized; or
(iv) Apply and maintain an alternative control measure such that the
surface is stabilized, provided that the alternative measure is not
prohibited under paragraph (b)(2) or (b)(4) of this section.
(2) Any owners/operators of a low use unpaved parking lot as defined
in paragraph (b)(8) of this section shall implement one of the RACM
under paragraph (d)(1) of this section on any day(s) in which over 100
vehicles enter the lot, such that the surface area(s) on which vehicles
enter and park is/are stabilized throughout the duration of time that
vehicles are parked.
(3) Unpaved roads. Any owners/operators of existing unpaved roads
with ADT volumes of 250 vehicles or greater shall implement one of the
following RACM along the entire surface of the road or road segment that
is located within the Phoenix non-attainment area by June 10, 2000:
(i) Pave; or
(ii) Apply chemical/organic stabilizers in sufficient concentration
and frequency to maintain a stabilized surface; or
[[Page 104]]
(iii) Apply and maintain surface gravel uniformly such that the
surface is stabilized; or
(iv) Apply and maintain an alternative control measure such that the
surface is stabilized, provided that the alternative measure is not
prohibited under paragraph (b)(2) or (b)(4) of this section.
(4) Vacant lots. The following provisions shall be implemented as
applicable.
(i) Weed abatement. No person shall remove vegetation from any
vacant lot by blading, disking, plowing under or any other means without
implementing all of the following RACM to prevent or minimize fugitive
dust.
(A) Apply a dust suppressant(s) to the total surface area subject to
disturbance immediately prior to or during the weed abatement.
(B) Prevent or eliminate material track-out onto paved surfaces and
access points adjoining paved surfaces.
(C) Apply a dust suppressant(s), gravel, compaction or alternative
control measure immediately following weed abatement to the entire
disturbed surface area such that the surface is stabilized.
(ii) Disturbed surfaces. Any owners/operators of an urban or
suburban open area or vacant lot of which any portion has a disturbed
surface area(s) that remain(s) unoccupied, unused, vacant or undeveloped
for more than fifteen (15) calendar days shall implement one of the
following RACM within sixty (60) calendar days following the
disturbance.
(A) Establish ground cover vegetation on all disturbed surface areas
in sufficient quantity to maintain a stabilized surface; or
(B) Apply a dust suppressant(s) to all disturbed surface areas in
sufficient quantity and frequency to maintain a stabilized surface; or
(C) Restore to a natural state, i.e. as existing in or produced by
nature without cultivation or artificial influence, such that all
disturbed surface areas are stabilized; or
(D) Apply and maintain surface gravel uniformly such that all
disturbed surface areas are stabilized; or
(E) Apply and maintain an alternative control measure such that the
surface is stabilized, provided that the alternative measure is not
prohibited under paragraph (b)(2) or (b)(4) of this section.
(iii) Motor vehicle disturbances. Any owners/operators of an urban
or suburban open area or vacant lot of which any portion has a disturbed
surface area due to motor vehicle or off-road motor vehicle use or
parking, notwithstanding weed abatement operations or use or parking by
the owner(s), shall implement one of the following RACM within 60
calendar days following the initial determination of disturbance.
(A) Prevent motor vehicle and off-road motor vehicle trespass/
parking by applying fencing, shrubs, trees, barriers or other effective
measures; or
(B) Apply and maintain surface gravel or chemical/organic stabilizer
uniformly such that all disturbed surface areas are stabilized.
(5) Implementation date of RACM. All of the requirements in
paragraph (d) of this section shall be effective eight (8) months from
September 2, 1998. For requirements in paragraph (d)(4)(ii) and
(d)(4)(iii) of this section, RACM shall be implemented within eight (8)
months from September 2, 1998, or within 60 calendar days following the
disturbance, whichever is later.
(e) Monitoring and records. (1) Any owners/operators that are
subject to the provisions of this section shall compile and retain
records that provide evidence of control measure application, indicating
the type of treatment or measure, extent of coverage and date applied.
For control measures involving chemical/organic stabilization, records
shall also indicate the type of product applied, vendor name, label
instructions for approved usage, and the method, frequency,
concentration and quantity of application.
(2) Copies of control measure records and dust control plans along
with supporting documentation shall be retained for at least three
years.
(3) Agency surveys. (i) EPA or other appropriate entity shall
conduct a survey of the number and size (or length) of unpaved roads,
unpaved parking lots, and vacant lots subject to the provisions of this
section located within the Phoenix PM-10 nonattainment area
[[Page 105]]
beginning no later than 365 days from September 2, 1998.
(ii) EPA or other appropriate entity shall conduct a survey at least
every three years within the Phoenix PM-10 nonattainment area beginning
no later than 365 days from September 2, 1998, which includes:
(A) An estimate of the percentage of unpaved roads, unpaved parking
lots, and vacant lots subject to this section to which RACM as required
in this section have been applied; and
(B) A description of the most frequently applied RACM and estimates
of their control effectiveness.
Appendix A to Sec. 52.128--Test Methods To Determine Whether A Surface
Is Stabilized
I. Unpaved Roads and Unpaved Parking Lots
A. Opacity Observations
Conduct opacity observations in accordance with Reference Method 9
(40 CFR Part 60, appendix A) and Methods 203A and 203C of this appendix,
with opacity readings taken at five second observation intervals and two
consecutive readings per plume beginning with the first reading at zero
seconds, in accordance with Method 203C, sections 2.3.2. and 2.4.2 of
this appendix. Conduct visible opacity tests only on dry unpaved
surfaces (i.e. when the surface is not damp to the touch) and on days
when average wind speeds do not exceed 15 miles per hour (mph).
(i) Method 203A--Visual Determination of Opacity of Emissions From
Stationary Sources for Time-Arranged Regulations
Method 203A is virtually identical to EPA's Method 9 (40 CFR Part 60
Appendix A) except for the data-reduction procedures, which provide for
averaging times other than 6 minutes. That is, using Method 203A with a
6-minute averaging time would be the same as following EPA Method 9 (40
CFR Part 60, Appendix A). Additionally, Method 203A provides procedures
for fugitive dust applications. The certification procedures provided in
section 3 are virtually identical to Method 9 (40 CFR Part 60, Appendix
A) and are provided here, in full, for clarity and convenience.
1. Applicability and Principle
1.1 Applicability. This method is applicable for the determination
of the opacity of emissions from sources of visible emissions for time-
averaged regulations. A time-averaged regulation is any regulation that
requires averaging visible emission data to determine the opacity of
visible emissions over a specific time period.
1.2 Principle. The opacity of emissions from sources of visible
emissions is determined visually by an observer qualified according to
the procedures of section 3.
2. Procedures
An observer qualified in accordance with section 3 of this method
shall use the following procedures for visually determining the opacity
of emissions.
2.1 Procedures for Emissions from Stationary Sources. These
procedures are not applicable to this section.
2.2 Procedures for Fugitive Process Dust Emissions. These procedures
are applicable for the determination of the opacity of fugitive
emissions by a qualified observer. The qualified field observer should
do the following:
2.2.1 Position. Stand at a position at least 5 meters from the
fugitive dust source in order to provide a clear view of the emissions
with the sun oriented in the 140-degree sector to the back. Consistent
as much as possible with maintaining the above requirements, make
opacity observations from a position such that the line of vision is
approximately perpendicular to the plume and wind direction. As much as
possible, if multiple plumes are involved, do not include more than one
plume in the line of sight at one time.
2.2.2 Field Records. Record the name of the plant or site, fugitive
source location, source type [pile, stack industrial process unit,
incinerator, open burning operation activity, material handling
(transfer, loading, sorting, etc.)], method of control used, if any,
observer's name, certification data and affiliation, and a sketch of the
observer's position relative to the fugitive source. Also, record the
time, estimated distance to the fugitive source location, approximate
wind direction, estimated wind speed, description of the sky condition
(presence and color of clouds), observer's position relative to the
fugitive source, and color of the plume and type of background on the
visible emission observation form when opacity readings are initiated
and completed.
2.2.3 Observations. Make opacity observations, to the extent
possible, using a contrasting background that is perpendicular to the
line of vision. For roads, storage piles, and parking lots, make opacity
observations approximately 1 meter above the surface from which the
plume is generated. For other fugitive sources, make opacity
observations at the point of greatest opacity in that portion of the
plume where condensed water vapor is not present. For intermittent
sources, the initial observation should begin immediately after a plume
has been created above the surface involved. Do not look continuously at
the plume but, instead, observe
[[Page 106]]
the plume momentarily at 15-second intervals.
2.3 Recording Observations. Record the opacity observations to the
nearest 5 percent every 15 seconds on an observational record sheet.
Each momentary observation recorded represents the average opacity of
emissions for a 15-second period.
2.4 Data Reduction for Time-Averaged Regulations. A set of
observations is composed of an appropriate number of consecutive
observations determined by the averaging time specified. Divide the
recorded observations into sets of appropriate time lengths for the
specified averaging time. Sets must consist of consecutive observations;
however, observations immediately preceding and following interrupted
observations shall be deemed consecutive. Sets need not be consecutive
in time and in no case shall two sets overlap, resulting in multiple
violations. For each set of observations, calculate the appropriate
average opacity.
3. Qualification and Testing
3.1 Certification Requirements. To receive certification as a
qualified observer, a candidate must be tested and demonstrate the
ability to assign opacity readings in 5 percent increments to 25
different black plumes and 25 different white plumes, with an error not
to exceed 15 percent opacity on any one reading and an average error not
to exceed 7.5 percent opacity in each category. Candidates shall be
tested according to the procedures described in paragraph 3.2. Any smoke
generator used pursuant to paragraph 3.2 shall be equipped with a smoke
meter which meets the requirements of paragraph 3.3. Certification tests
that do not meet the requirements of paragraphs 3.2 and 3.3 are not
valid.
The certification shall be valid for a period of 6 months, and after
each 6-month period, the qualification procedures must be repeated by an
observer in order to retain certification.
3.2 Certification Procedure. The certification test consists of
showing the candidate a complete run of 50 plumes, 25 black plumes and
25 white plumes, generated by a smoke generator. Plumes shall be
presented in random order within each set of 25 black and 25 white
plumes. The candidate assigns an opacity value to each plume and records
the observation on a suitable form. At the completion of each run of 50
readings, the score of the candidate is determined. If a candidate fails
to qualify, the complete run of 50 readings must be repeated in any
retest. The smoke test may be administered as part of a smoke school or
training program, and may be preceded by training or familiarization
runs of the smoke generator during which candidates are shown black and
white plumes of known opacity.
3.3 Smoke Generator Specifications. Any smoke generator used for the
purpose of paragraph 3.2 shall be equipped with a smoke meter installed
to measure opacity across the diameter of the smoke generator stack. The
smoke meter output shall display in-stack opacity, based upon a path
length equal to the stack exit diameter on a full 0 to 100 percent chart
recorder scale. The smoke meter optical design and performance shall
meet the specifications shown in Table A. The smoke meter shall be
calibrated as prescribed in paragraph 3.3.1 prior to conducting each
smoke reading test. At the completion of each test, the zero and span
drift, shall be checked, and if the drift exceeds 1 percent
opacity, the condition shall be corrected prior to conducting any
subsequent test runs. The smoke meter shall be demonstrated at the time
of installation to meet the specifications listed in Table A. This
demonstration shall be repeated following any subsequent repair or
replacement of the photocell or associated electronic circuitry
including the chart recorder or output meter, or every 6 months,
whichever occurs first.
3.3.1 Calibration. The smoke meter is calibrated after allowing a
minimum of 30 minutes warm-up by alternately producing simulated opacity
of 0 percent and 100 percent. When stable response at 0 percent or 100
percent is noted, the smoke meter is adjusted to produce an output of 0
percent or 100 percent, as appropriate. This calibration shall be
repeated until stable 0 percent and 100 percent readings are produced
without adjustment. Simulated 0 percent and 100 percent opacity values
may be produced by alternately switching the power to the light source
on and off while the smoke generator is not producing smoke.
3.3.2 Smoke Meter Evaluation. The smoke meter design and performance
are to be evaluated as follows:
3.3.2.1 Light Source. Verify from manufacturer's data and from
voltage measurements made at the lamp, as installed, that the lamp is
operated within 5 percent of the nominal rated voltage.
3.3.2.2 Spectral Response of Photocell. Verify from manufacturer's
data that the photocell has a photopic response; i.e., the spectral
sensitivity of the cell shall closely approximate the standard spectral-
luminosity curve for photopic vision which is referenced in (b) of Table
A.
3.3.2.3 Angle of View. Check construction geometry to ensure that
the total angle of view of the smoke plume, as seen by the photocell,
does not exceed 15 degrees. Calculate the total angle of view as
follows:
v = 2 tan-1 d/2L
Where:
v = total angle of view;
[[Page 107]]
d = the photocell diameter + the diameter of the limiting aperture; and
L = distance from the photocell to the limiting aperture.
The limiting aperture is the point in the path between the photocell
and the smoke plume where the angle of view is most restricted. In smoke
generator smoke meters, this is normally an orifice plate.
3.3.2.4 Angle of Projection. Check construction geometry to ensure
that the total angle of projection of the lamp on the smoke plume does
not exceed 15 degrees. Calculate the total angle of projection as
follows:
p = 2 tan-1 d/2L
Where:
p = total angle of projection;
d = the sum of the length of the lamp filament + the diameter of the
limiting aperture; and
L = the distance from the lamp to the limiting aperture.
3.3.2.5 Calibration Error. Using neutral-density filters of known
opacity, check the error between the actual response and the theoretical
linear response of the smoke meter. This check is accomplished by first
calibrating the smoke meter according to 3.3.1 and then inserting a
series of three neutral-density filters of nominal opacity of 20, 50,
and 75 percent in the smoke meter path length. Use filters calibrated
within 2 percent. Care should be taken when inserting the
filters to prevent stray light from affecting the meter. Make a total of
five nonconsecutive readings for each filter. The maximum opacity error
on any one reading shall be 3 percent.
3.3.2.6 Zero and Span Drift. Determine the zero and span drift by
calibrating and operating the smoke generator in a normal manner over a
1-hour period. The drift is measured by checking the zero and span at
the end of this period.
3.3.2.7 Response Time. Determine the response time by producing the
series of five simulated 0 percent and 100 percent opacity values and
observing the time required to reach stable response. Opacity values of
0 percent and 100 percent may be simulated by alternately switching the
power to the light source off and on while the smoke generator is not
operating.
4. References
1. U.S. Environmental Protection Agency. Standards of Performance
for New Stationary Sources; appendix A; Method 9 for Visual
Determination of the Opacity of Emissions from Stationary Sources. Final
Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office.
November 12, 1974.
2. Office of Air and Radiation. ``Quality Assurance Guideline for
Visible Emission Training Programs.'' EPA-600/S4-83-011. Quality
Assurance Division. Research Triangle Park, N.C. May 1982.
3. ``Method 9--Visible Determination of the Opacity of Emissions
from Stationary Sources.'' February 1984. Quality Assurance Handbook for
Air Pollution Measurement Systems. Volume III, section 3.1.2. Stationary
Source Specific Methods. EPA-600-4-77-027b. August 1977. Office of
Research and Development Publications, 26 West Clair Street, Cincinnati,
OH.
4. Office of Air Quality Planning and Standards. ``Opacity Error for
Averaging and Nonaveraging Data Reduction and Reporting Techniques.''
Final Report-SR-1-6-85. Emission Measurement Branch, Research Triangle
Park, N.C. June 1985.
5. The U.S. Environmental Protection Agency. Preparation, Adoption,
and Submittal of State Implementation Plans. Methods for Measurement of
PM10 Emissions from Stationary Sources. Final Rule. Federal
Register. Washington, DC. U.S. Government Printing Office. Volumes 55.
No. 74. pps. 14246-14279. April 17, 1990.
(ii) Method 203C--Visual Determination of Opacity of Emissions From
Stationary Sources for Instantaneous Limitation Regulations
Method 203C is virtually identical to EPA's Method 9 (40 CFR Part
60, Appendix A), except for the data-reduction procedures which have
been modified for application to instantaneous limitation regulations.
Additionally, Method 203C provides procedures for fugitive dust
applications which were unavailable when Method 9 was promulgated. The
certification procedures in section 3 are identical to Method 9. These
certification procedures are provided in Method 203A as well, and,
therefore, have not been repeated in this method.
1. Applicability and Principle
1.1 Applicability. This method is applicable for the determination
of the opacity of emissions from sources of visible emissions for
instantaneous limitations. An instantaneous limitation regulation is an
opacity limit which is never to be exceeded.
1.2 Principle. The opacity of emissions from sources of visible
emissions is determined visually by a qualified observer.
2. Procedures
The observer qualified in accordance with section 3 of this method
shall use the following procedures for visually determining the opacity
of emissions.
2.1 Procedures for Emissions From Stationary Sources. Same as 2.1,
Method 203A.
2.1.1 Position. Same as 2.1.1, Method 203A.
2.1.2 Field Records. Same as 2.1.2, Method 203A.
[[Page 108]]
2.1.3 Observations. Make opacity observations at the point of
greatest opacity in that portion of the plume where condensed water
vapor is not present.
Do not look continuously at the plume. Instead, observe the plume
momentarily at the interval specified in the subject regulation. Unless
otherwise specified, a 15-second observation interval is assumed.
2.1.3.1 Attached Steam Plumes. Same as 2.1.3.1, Method 203A.
2.1.3.2 Detached Steam Plumes. Same as 2.1.3.2, Method 203A.
2.2 Procedures for Fugitive Process Dust Emissions.
2.2.1 Position. Same as section 2.2.1, Method 203A.
2.2.2 Field Records. Same as section 2.2.2, Method 203A.
2.2.3 Observations.
2.2.3.1 Observations for a 15-second Observation Interval
Regulations. Same as section 2.2.3, Method 203A.
2.2.3.2 Observations for a 5-second Observation Interval
Regulations. Same as section 2.2.3, Method 203A, except, observe the
plume momentarily at 5-second intervals.
2.3 Recording Observations. Record opacity observations to the
nearest 5 percent at the prescribed interval on an observational record
sheet. Each momentary observation recorded represents the average of
emissions for the prescribed period. If a 5-second observation period is
not specified in the applicable regulation, a 15-second interval is
assumed. The overall time for which recordings are made shall be of a
length appropriate to the regulation for which opacity is being
measured.
2.3.1 Recording Observations for 15-second Observation Interval
Regulations. Record opacity observations to the nearest 5 percent at 15-
second intervals on an observational record sheet. Each momentary
observation recorded represents the average of emissions for a 15-second
period.
2.3.2 Recording Observations for 5-second Observation Interval
Regulations. Record opacity observations to the nearest 5 percent at 5-
second intervals on an observational record sheet. Each momentary
observation recorded represents the average of emissions for 5-second
period.
2.4 Data Reduction for Instantaneous Limitation Regulations. For an
instantaneous limitation regulation, a 1-minute averaging time will be
used. Divide the observations recorded on the record sheet into sets of
consecutive observations. A set is composed of the consecutive
observations made in 1 minute. Sets need not be consecutive in time, and
in no case shall two sets overlap. Reduce opacity observations by
dividing the sum of all observations recorded in a set by the number of
observations recorded in each set.
2.4.1 Data Reduction for 15-second Observation Intervals. Reduce
opacity observations by averaging four consecutive observations recorded
at 15-second intervals. Divide the observations recorded on the record
sheet into sets of four consecutive observations. For each set of four
observations, calculate the average by summing the opacity of the four
observations and dividing this sum by four.
2.4.2 Data Reduction for 5-second Observation Intervals. Reduce
opacity observations by averaging 12 consecutive observations recorded
at 5-second intervals. Divide the observations recorded on the record
sheet into sets of 12 consecutive observations. For each set of 12
observations, calculate the average by summing the opacity of the 12
observations and dividing this sum by 12.
3. Qualification and Test
Same as section 3, Method 203A.
TABLE A.--Smoke Meter Design and Performance Specifications
------------------------------------------------------------------------
Parameter Specification
------------------------------------------------------------------------
a. Light Source........................ Incandescent lamp operated at
nominal rated voltage.
b. Spectral response of photocell...... Photopic (daylight spectral
response of the human eye--
Reference 4.1 of section 4.)
c. Angle of view....................... 15 degrees maximum total angle
d. Angle of projection................. 15 degrees maximum total angle.
e. Calibration error................... 3 percent opacity,
maximum.
f. Zero and span drift................. 1 percent opacity,
30 minutes.
g. Response time....................... 5 seconds.
------------------------------------------------------------------------
B. Silt Content
Conduct the following test method to determine the silt loading and
silt content of unpaved road and unpaved parking lot surfaces.
(i) Collect a sample of loose surface material from an area 30 cm by
30 cm (1 foot by 1 foot) in size to a depth of approximately 1 cm or
until a hard subsurface is reached, whichever occurs first. Use a brush
and dustpan or other similar device. Collect the sample from a
routinely-traveled portion of the surface which receives a preponderance
of vehicle traffic, i.e. as commonly evidenced by tire tracks. Conduct
sweeping slowly so
[[Page 109]]
that fine surface material is not released into the air. Only collect
samples from surfaces that are not wet or damp due to precipitation or
dew.
(ii) Obtain a shallow, lightweight container and a scale with
readings in half ounce increments or less. Place the scale on a level
surface and zero it with the weight of the empty container. Transfer the
entire sample collected to the container, minimizing escape of particles
into the air. Weigh the sample and record its weight.
(iii) Obtain and stack a set of sieves with the following openings:
4 mm, 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order
according to size openings beginning with the largest size opening at
the top. Place a collector pan underneath the bottom (0.25 mm) sieve.
Pour the entire sample into the top sieve, minimizing escape of
particles into the air by positioning the sieve/collector pan unit in an
enclosed or wind barricaded area. Cover the sieve/collector pan unit
with a lid. Shake the covered sieve/collector pan unit vigorously for a
period of at least one (1) minute in both the horizontal and vertical
planes. Remove the lid from the sieve/collector pan unit and disassemble
each sieve separately beginning with the largest sieve. As each sieve is
removed, examine it for a complete separation of material in order to
ensure that all material has been sifted to the finest sieve through
which it can pass. If not, reassemble and cover the sieve/collector pan
unit and shake it for period of at least one (1) minute. After
disassembling the sieve/collector pan unit, transfer the material which
is captured in the collector pan into the lightweight container
originally used to collect and weigh the sample. Minimize escape of
particles into the air when transferring the material into the
container. Weigh the container with the material from the collector pan
and record its weight. Multiply the resulting weight by 0.38 if the
source is an unpaved road or by 0.55 if the source is an unpaved parking
lot to estimate silt loading. Divide by the total sample weight and
multiply by 100 to arrive at the percent silt content.
(iv) As an alternative to conducting the procedure described above
in section I.B.(ii) and section I.B.(iii) of this appendix, the sample
(collected according to section I.B.(i) of this appendix) may be taken
to an independent testing laboratory or engineering facility for silt
loading (e.g. net weight 200 mesh) and silt content analysis according
to the following test method from ``Procedures For Laboratory Analysis
Of Surface/Bulk Dust Loading Samples'', (Fifth Edition, Volume I,
Appendix C.2.3 ``Silt Analysis'', 1995), AP-42, Office of Air Quality
Planning & Standards, U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina.
1. Objective--Several open dust emission factors have been found to
be correlated with the silt content( 200 mesh) of the material being
disturbed. The basic procedure for silt content determination is
mechanical, dry sieving. For sources other than paved roads, the same
sample which was oven-dried to determine moisture content is then
mechanically sieved.
2.1 Procedure--Select the appropriate 20-cm (8-in.) diameter, 5-cm
(2-in.) deep sieve sizes.
Recommended U. S. Standard Series sizes are 3/8 in., No. 4, No. 40,
No. 100, No. 140, No. 200, and a pan. Comparable Tyler Series sizes can
also be used. The No. 20 and the No. 200 are mandatory. The others can
be varied if the recommended sieves are not available, or if buildup on
1 particulate sieve during sieving indicates that an intermediate sieve
should be inserted.
2.2 Obtain a mechanical sieving device, such as a vibratory shaker
or a Roto-Tap 1 without the
tapping function.
---------------------------------------------------------------------------
\1\ CFR part 60, App. A, Meth. 5, 2.1.2, footnote 2.
---------------------------------------------------------------------------
2.3 Clean the sieves with compressed air and/or a soft brush. Any
material lodged in the sieve openings or adhering to the sides of the
sieve should be removed, without handling the screen roughly, if
possible.
2.4 Obtain a scale (capacity of at least 1600 grams [g] or 3.5 lb)
and record make, capacity, smallest division, date of last calibration,
and accuracy. (See Figure A)
2.5 Weigh the sieves and pan to determine tare weights. Check the
zero before every weighing. Record the weights.
2.6 After nesting the sieves in decreasing order of size, and with
pan at the bottom, dump dried laboratory sample (preferably immediately
after moisture analysis) into the top sieve. The sample should weigh
between cents 400 and 1600 g ( cents 0.9 and 3.5 lb). This amount will
vary for finely textured materials, and 100 to 300 g may be sufficient
when 90% of the sample passes a No. 8 (2.36 mm) sieve. Brush any fine
material adhering to the sides of the container into the top sieve and
cover the top sieve with a special lid normally purchased with the pan.
2.7 Place nested sieves into the mechanical sieving device and sieve
for 10 minutes (min). Remove pan containing minus No. 200 and weigh.
Repeat the sieving at 10-min intervals until the difference between 2
successive pan sample weighings (with the pan tare weight subtracted) is
less than 3.0%. Do not sieve longer than 40 min.
2.8 Weigh each sieve and its contents and record the weight. Check
the zero before every weighing.
2.9 Collect the laboratory sample. Place the sample in a separate
container if further analysis is expected.
[[Page 110]]
2.10 Calculate the percent of mass less than the 200 mesh screen (75
micrometers [m]). This is the silt content.
Figure A. Example silt analysis form.
Silt Analysis
Dated: __________
By: ________________________
Sample No: ________ Sample Weight (after drying)
Material: ________
Pan + Sample: ____________
Pan: ____________
Split Sample Balance: ____________
Dry Sample: ______________
Make ____________ Capacity: ____________
Smallest Division ________
Final Weight ____________
% Silt = [Net Weight 200 Mesh] [Total Net Weight x 100]
=____%
Sieving
------------------------------------------------------------------------
Time: Start: Weight (Pan Only)
------------------------------------------------------------------------
Initial (Tare):
10 min:
20 min:
30 min:
40 min:
------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Final weight (screen
Screen Tare weight (screen) + sample) Net weight (sample) %
----------------------------------------------------------------------------------------------------------------
\3/8\ in..........................
4 mesh............................
10 mesh...........................
20 mesh...........................
40 mesh...........................
100 mesh..........................
140 mesh..........................
200 mesh..........................
Pan...............................
----------------------------------------------------------------------------------------------------------------
(v) The silt loading and percent silt content for any given unpaved
road surface or unpaved parking lot surface shall be based on the
average of at least three (3) samples that are representative of
routinely-traveled portions of the road or parking lot surface. In order
to simplify the sieve test procedures in section I.B.(ii) and section
I.B.(iii) of this appendix, the three samples may be combined as long as
all material is sifted to the finest sieve through which it can pass,
each sample weighs within 1 ounce of the other two samples, and the
combined weight of the samples and unit area from which they were
collected is calculated and recorded accurately.
II. Vacant Lots
The following test methods shall be used for determining whether a
vacant lot, or portion thereof, has a stabilized surface.
Should a disturbed vacant lot contain more than one type of
disturbance, soil, vegetation or other characteristics which are visibly
distinguishable, test each representative surface for stability
separately in random areas according to the test methods in section II.
of this appendix and include or eliminate it from the total size
assessment of disturbed surface area(s) depending upon test method
results. A vacant lot surface shall be considered stabilized if any of
the test methods in section II. of this appendix indicate that the
surface is stabilized such that the conditions defined in paragraph
(b)(16)(ii) of this section are met:
1. Visible Crust Determination
(i) Where a visible crust exists, drop a steel ball with a diameter
of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17
grams from a distance of 30 centimeters (one foot) directly above (at a
90 degree angle perpendicular to) the soil surface. If blowsand is
present, clear the blowsand from the surfaces on which the visible crust
test method is conducted. Blowsand is defined as thin deposits of loose
uncombined grains covering less than 50 percent of a vacant lot which
have not originated from the representative vacant lot surface being
tested. If material covers a visible crust which is not blowsand, apply
the test method in section II.2 of this appendix to the loose material
to determine whether the surface is stabilized.
(ii) A sufficient crust is defined under the following conditions:
once a ball has been dropped according to section II.1.(i) of this
appendix, the ball does not sink into the surface so that it is
partially or fully surrounded by loose grains and, upon removing the
ball, the surface upon which it fell has not been pulverized so that
loose grains are visible.
(iii) Conduct three tests, dropping the ball once per test, within a
survey area the size of one foot by one foot. The survey area shall be
considered sufficiently crusted if at least two out of three tests meet
the definition in section II.1.(ii) of this appendix. Select at least
two other survey areas that represent the disturbed surface area and
repeat this procedure. Whether a sufficient crust covers the disturbed
surface area shall be based on
[[Page 111]]
a determination that all of the survey areas tested are sufficiently
crusted.
(iv) At any given site, the existence of a sufficient crust covering
one portion of a disturbed surface may not represent the existence or
protectiveness of a crust on another disturbed surface(s). Repeat the
visible crust test as often as necessary on each representative
disturbed surface area for an accurate assessment of all disturbed
surfaces at a given site.
2. Determination of Threshold Friction Velocity (TFV)
For disturbed surface areas that are not crusted or vegetated,
determine threshold friction velocity (TFV) according to the following
sieving field procedure (based on a 1952 laboratory procedure published
by W. S. Chepil).
(i) Obtain and stack a set of sieves with the following openings: 4
millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in
order according to size openings beginning with the largest size opening
at the top. Place a collector pan underneath the bottom (0.25 mm) sieve.
Collect a sample of loose surface material from an area at least 30 cm
by 30 cm in size to a depth of approximately 1 cm using a brush and
dustpan or other similar device. Only collect soil samples from dry
surfaces (i.e. when the surface is not damp to the touch). Remove any
rocks larger than 1 cm in diameter from the sample. Pour the sample into
the top sieve (4 mm opening) and cover the sieve/collector pan unit with
a lid. Minimize escape of particles into the air when transferring
surface soil into the sieve/collector pan unit. Move the covered sieve/
collector pan unit by hand using a broad, circular arm motion in the
horizontal plane. Complete twenty circular arm movements, ten clockwise
and ten counterclockwise, at a speed just necessary to achieve some
relative horizontal motion between the sieves and the particles. Remove
the lid from the sieve/collector pan unit and disassemble each sieve
separately beginning with the largest sieve. As each sieve is removed,
examine it for loose particles. If loose particles have not been sifted
to the finest sieve through which they can pass, reassemble and cover
the sieve/collector pan unit and gently rotate it an additional ten
times. After disassembling the sieve/collector pan unit, slightly tilt
and gently tap each sieve and the collector pan so that material aligns
along one side. In doing so, minimize escape of particles into the air.
Line up the sieves and collector pan in a row and visibly inspect the
relative quantities of catch in order to determine which sieve (or
whether the collector pan) contains the greatest volume of material. If
a visual determination of relative volumes of catch among sieves is
difficult, use a graduated cylinder to measure the volume. Estimate TFV
for the sieve catch with the greatest volume using Table 1, which
provides a correlation between sieve opening size and TFV.
Table 1 (Metric Units).--Determination of Threshold Friction Velocity
(TFV)
------------------------------------------------------------------------
Opening TFV (cm/
Tyler Sieve No. (mm) s)
------------------------------------------------------------------------
5.................................................. 4 >100
10................................................. 2 100
18................................................. 1 76
35................................................. 0.5 58
60................................................. 0.25 43
Collector Pan...................................... ......... 30
------------------------------------------------------------------------
Collect at least three (3) soil samples which are representative of
the disturbed surface area, repeat the above TFV test method for each
sample and average the resulting TFVs together to determine the TFV
uncorrected for non-erodible elements.
(ii) Non-erodible elements are distinct elements on the disturbed
surface area that are larger than one (1) cm in diameter, remain firmly
in place during a wind episode and inhibit soil loss by consuming part
of the shear stress of the wind. Non-erodible elements include stones
and bulk surface material but do not include flat or standing
vegetation. For surfaces with non-erodible elements, determine
corrections to the TFV by identifying the fraction of the survey area,
as viewed from directly overhead, that is occupied by non-erodible
elements using the following procedure. Select a survey area of one (1)
meter by 1 meter. Where many non-erodible elements lie on the disturbed
surface area, separate them into groups according to size. For each
group, calculate the overhead area for the non-erodible elements
according to the following equations:
(Average length) x (Average width) = Average Dimensions Eq. 1
(Average Dimensions) x (Number of Elements) = Overhead Area Eq. 2
Overhead Area of Group 1 + Overhead Area of Group 2 (etc.) = Total
Overhead Area Eq. 3
Total Overhead Area/2 = Total Frontal
Area Eq. 4
(Total Frontal Area/Survey Area) x 100 = Percent Cover of Non-erodible
Elements Eq. 5
(Ensure consistent units of measurement, e.g. square meters or square
inches when calculating percent cover.)
Repeat this procedure on an additional two (2) distinct survey areas
representing a disturbed surface and average the results. Use Table 2 to
identify the correction factor for the percent cover of non-erodible
elements. Multiply the TFV by the corresponding correction factor to
calculate the TFV corrected for non-erodible elements.
[[Page 112]]
Table 2.--Correction Factors for Threshold Friction Velocity
------------------------------------------------------------------------
Percent cover of non-erodible elements Correction factor
------------------------------------------------------------------------
10%............................. 5
5% and 10%..................... 3
5% and 1%..................... 2
1%........................................ None.
------------------------------------------------------------------------
3. Determination of Flat Vegetation Cover
Flat vegetation includes attached (rooted) vegetation or unattached
vegetative debris lying on the surface with a predominant horizontal
orientation that is not subject to movement by wind. Flat vegetation
which is dead but firmly attached shall be considered equally protective
as live vegetation. Stones or other aggregate larger than one centimeter
in diameter shall be considered protective cover in the course of
conducting the line transect method. Where flat vegetation exists,
conduct the following line transect method.
(i) Stretch a one-hundred (100) foot measuring tape across a
disturbed surface area. Firmly anchor both ends of the measuring tape
into the surface using a tool such as a screwdriver with the tape
stretched taut and close to the soil surface. If vegetation exists in
regular rows, place the tape diagonally (at approximately a 45 degree
angle) away from a parallel or perpendicular position to the vegetated
rows. Pinpoint an area the size of a \3/32\ inch diameter brazing rod or
wooden dowel centered above each one-foot interval mark along one edge
of the tape. Count the number of times that flat vegetation lies
directly underneath the pinpointed area at one-foot intervals.
Consistently observe the underlying surface from a 90 degree angle
directly above each pinpoint on one side of the tape. Do not count the
underlying surface as vegetated if any portion of the pinpoint extends
beyond the edge of the vegetation underneath in any direction. If clumps
of vegetation or vegetative debris lie underneath the pinpointed area,
count the surface as vegetated unless bare soil is visible directly
below the pinpointed area. When 100 observations have been made, add
together the number of times a surface was counted as vegetated. This
total represents the percent of flat vegetation cover (e.g. if 35
positive counts were made, then vegetation cover is 35 percent). If the
disturbed surface area is too small for 100 observations, make as many
observations as possible. Then multiply the count of vegetated surface
areas by the appropriate conversion factor to obtain percent cover. For
example, if vegetation was counted 20 times within a total of 50
observations, divide 20 by 50 and multiply by 100 to obtain a flat
vegetation cover of 40 percent.
(ii) Conduct the above line transect test method an additional two
(2) times on areas representative of the disturbed surface and average
results.
4. Determination of Standing Vegetation Cover
Standing vegetation includes vegetation that is attached (rooted)
with a predominant vertical orientation. Standing vegetation which is
dead but firmly rooted shall be considered equally protective as live
vegetation. Conduct the following standing vegetation test method to
determine if 30 percent cover or more exists. If the resulting percent
cover is less than 30 percent but equal to or greater than 10 percent,
then conduct the Threshold Friction Velocity test in section II.2 of
this appendix in order to determine whether the disturbed surface area
is stabilized according to paragraph (b)(16)(ii)(E) of this section.
(i) For standing vegetation that consists of large, separate
vegetative structures (for example, shrubs and sagebrush), select a
survey area representing the disturbed surface that is the shape of a
square with sides equal to at least ten (10) times the average height of
the vegetative structures. For smaller standing vegetation, select a
survey area of three (3) feet by 3 feet.
(ii) Count the number of standing vegetative structures within the
survey area. Count vegetation which grows in clumps as a single unit.
Where different types of vegetation exists and/or vegetation of
different height and width exists, separate the vegetative structures
with similar dimensions into groups. Count the number of vegetative
structures in each group within the survey area. Select an individual
structure within each group that represents the average height and width
of the vegetation in the group. If the structure is dense (i.e. when
looking at it vertically from base to top there is little or zero open
air space within its perimeter), calculate and record its frontal
silhouette area according to Equation 6 of this appendix. Also use
Equation 6 if the survey area is larger than nine square feet,
estimating the average height and width of the vegetation. Otherwise,
use the procedure in section II.4.(iii) of this appendix to calculate
the Frontal Silhouette Area. Then calculate the percent cover of
standing vegetation according to Equations 7, 8 and 9 of this appendix.
(Ensure consistent units of measurement, e.g. square feet or square
inches when calculating percent cover.)
(iii) Vegetative Density Factor. Cut a single, representative piece
of vegetation (or consolidated vegetative structure) to within 1 cm of
surface soil. Using a white paper grid or transparent grid over white
paper, lay the vegetation flat on top of the grid (but do not apply
pressure to flatten the structure). Grid boxes of one inch or one half
inch squares are sufficient for most vegetation when conducting this
procedure. Using a marker or pencil, outline the shape of the vegetation
[[Page 113]]
along its outer perimeter according to Figure B, C or D of this
appendix, as appropriate. (Note: Figure C differs from Figure D
primarily in that the width of vegetation in Figure C is narrow at its
base and gradually broadens to its tallest height. In Figure D, the
width of the vegetation generally becomes narrower from its midpoint to
its tallest height.) Remove the vegetation and count and record the
total number of gridline intersections within the outlined area, but do
not count gridline intersections that connect with the outlined shape.
There must be at least 10 gridline intersections within the outlined
area and preferably more than 20, otherwise, use smaller grid boxes.
Draw small circles (no greater than a \3/32\ inch diameter) at each
gridline intersection counted within the outlined area. Replace the
vegetation on the grid within its outlined shape. From a distance of
approximately two feet directly above the grid, observe each circled
gridline intersection. Count and record the number of circled gridline
intersections that are not covered by any piece of the vegetation. To
calculate percent vegetative density, use Equations 10 and 11 of this
appendix. If percent vegetative density is equal to or greater than 30,
use the equation (Eq. 14, 15 or 16) that matches the outline used to
trace the vegetation (Figure B, C or D) to calculate its Frontal
Silhouette Area. If percent vegetative density is less than 30, use
Equations 12 and 13 of this appendix to calculate the Frontal Silhouette
Area.
(iv) Within a disturbed surface area that contains multiple types of
vegetation with each vegetation type uniformly distributed, results of
the percent cover associated with the individual vegetation types may be
added together.
(v) Repeat this procedure on an additional two (2) distinct survey
areas representing the disturbed surface and average the results.
Height x Width = Frontal Silhouette Area Eq. 6
(Frontal Silhouette Area of Individual Vegetative Structure) x Number
of Vegetation Structures Per Group = Group Frontal Silhouette Area of
Group Eq. 7
Frontal Silhouette Area of Group 1 + Frontal Silhouette Area of Group 2
(etc.) = Total Frontal Silhouette Area Eq. 8
(Total Frontal Silhouette Area/Survey Area) x 100 = Percent Cover of
Standing Vegetation Eq. 9
[(Number of circled gridlines within the outlined area counted that are
not covered by vegetation / Total number of gridline intersections
within the outlined area) x 100] = Percent Open Space Eq. 10
100 = Percent Open Space = Percent Vegetative Density Eq. 11
Percent Vegetative Density/100 = Vegetative Density Eq. 12
[GRAPHIC] [TIFF OMITTED] TR21DE99.000
[[Page 114]]
[GRAPHIC] [TIFF OMITTED] TR21DE99.001
Alternative Test Methods
Alternative test methods may be used upon obtaining the written
approval of the EPA.
[64 FR 71308, Dec. 21, 1999]
Sec. 52.129 Review of new sources and modifications.
(a) [Reserved]
(b) National standards not met. The requirements of Sec. 51.160(a)
of this chapter are not met in the Pima Intrastate Region since the
Rules and Regulations of the Pima County Air Pollution Control
[[Page 115]]
District are not adequate to prevent construction or modification of a
source which would interfere with the attainment or maintenance of the
national standards.
(c) Regulation for review of new sources and modifications. (1) The
requirements of this paragraph are applicable to any stationary source
in the Pima Intrastate Region (Sec. 81.269 of this chapter), the
construction or modification of which iscommenced after the effective
date of this regulation.
(2) No owner or operator shall commence construction or modification
of any new source after the effective date of this regulation without
first obtaining approval from the Administrator of the location of such
source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
stack data, and the nature and amount of emissions. Such information
shall be sufficient to enable the Administrator to make any
determination pursuant to paragraph (c)(3) of this section.
(v) Any additional information, plans, specifications, evidence or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that the source
will not prevent or interfere with attainment or maintenance of any
national standard.
(4)(i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (c)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the closeof the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and
[[Page 116]]
shall set forth his reasons for conditional approval or denial. Such
notification shall be made available for public inspection in at least
one location in the region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (c)(4) (ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(6) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with any local, State or
Federal regulation which is part of the applicable plan.
(7) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Airconditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain
H2 S per 100 stdft 3 (45.8 g/100
stdm 3); has a heat input of not more than 1 MBtu/h (250 Mg-
cal/h) and burns only distillate oil; or has a heat input of not more
than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analysis.
(vi) Other sources of minor significance specified by the
Administrator.
(8) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(d) Regulation for review of new sources and modifications: Federal
Regulations. (1) This requirement is applicable to any stationary source
subject to the requirements of Sec. 52.126(b), the construction or
modification of which is commenced after the effective date of this
regulation.
(2) No owner or operator shall commence construction or modification
of any stationary source after the effective date of this regulation,
without first obtaining approval from the Administrator of the location
and design of such source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
plans, descriptions, specifications, and drawings showing the design of
the source, the nature and amount of emissions, and the manner in which
it will be operated and controlled.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that the source
will operate without causing a violation of Sec. 52.126(b).
(4)(i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (d)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
[[Page 117]]
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for conditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (d)(4)(ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may impose any reasonable conditions upon an
approval including conditions requiring the source to be provided with:
(i) Sampling ports of a size, number, and location as the
Administrator may require,
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data, and
(iv) Any other sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this
regulation shall furnish the Administrator written notification as
follows:
(i) A notification of the anticipated date of initial startup of
source not more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of initial startup of a
source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate at
which the source will be operated but not later than 180 days after
initial startup of such source, the owner or operator of such source
shall conduct a performance test(s) in accordance with the methods and
under operating conditions approved by the Administrator and furnish the
Administrator a written report of the results of such performance test.
(i) Such test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test and also may conduct
performance tests.
(iii) The owner or operator of a source shall provide the
Administrator 15 days prior notice of the performance test to afford the
Administrator the
[[Page 118]]
opportunity to have an observer present.
(iv) The Administrator may waive the requirement for performance
tests if the owner or operator of a source has demonstrated by other
means to the Administrator's satisfaction that the source is being
operated in compliance with the requirements of Sec. 52.126(b).
(9) Approval to construct or modify shall not relieve the owner or
operator of the responsibility to comply with all local, State, or
Federal regulations which are part of the applicable plan.
(10) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain
H2 S per 100 stdft 3 (45.8 g/100
stdm 3); has a heat input of not more than 1 MBtu/h (250 Mg-
cal/h) and burns only distillate oil; or has a heat input of not more
than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analyses.
(vi) Other sources of minor significance specified by the
Administrator.
(11) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(e) Delegation of authority. (1) The Administrator shall have the
authority to delegate responsibility for implementing the procedures for
conducting source review pursuant to this section in accordance with
paragraphs (g) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for
implementing the procedures for conducting source review pursuant to
this section to any Agency, other than a Regional Office of the
Environmental Protection Agency, a copy of the notice pursuant to
paragraphs (c)(4)(iii) and (d)(4)(iii) of this section shall be sent to
the Administrator through the appropriate Regional Office.
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source review
pursuant to this section shall not be delegated, other than to a
Regional Office of the Environmental Protection Agency, for new or
modified sources which are owned or operated by the Federal government
or for new or modified sources located on Federal lands; except that,
with respect to the latter category, where new or modified sources are
constructed or operated on Federal lands pursuant to leasing or other
Federal agreements, the Federal Land Manager may at his discretion, to
the extent permissible under applicable statutes and regulations,
require the lessee or permittee to be subject to new source review
requirements which have been delegated to a state or local agency
pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures
for conducting source review pursuant to this section shall not be
redelegated, other than to a Regional Office of the Environmental
Protection Agency, for new or modified sources which are located in
Indian reservations except where the State has assumed jurisdiction over
such land under other laws, in which case the Administrator may delegate
his authority to the States in accordance with paragraphs (g)(2), (3),
and (4) of this section.
[37 FR 15081, July 27, 1972, as amended at 38 FR 12705, May 14, 1973; 39
FR 7279, Feb. 25, 1974; 39 FR 28285, Aug. 8, 1974; 40 FR 50268, Oct. 29,
1975; 45 FR 67346, Oct. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR
33922, June 29, 1995]
[[Page 119]]
Sec. 52.130 Source surveillance.
(a) The requirements of Sec. 51.211 of this chapter are not met
since the plan does not contain legally enforceable procedures for
requiring sources in the Northern Arizona, Mohave-Yuma, Central Arizona,
and Southeast Arizona Intrastate Regions to maintain records of and
periodically report on the nature and amounts of emissions.
(b) The requirements of Sec. 51.213 of this chapter are not met
because the plan does not provide procedures for obtaining and
maintaining data on actual emission reductions achieved as a result of
implementing transportation control measures.
(c) Regulation for source recordkeeping and reporting. (1) The owner
or operator of any stationary source in the Northern Arizona, Mohave-
Yuma, Central Arizona, or Southeast Arizona Intrastate Region
(Secs. 81.270, 81.268, 81.271, and 81.272 of this chapter) shall, upon
notification from the Administrator, maintain records of the nature and
amounts of emissions from such source or any other information as may be
deemed necessary by the Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures.
(2) The information recorded shall be summarized and reported to the
Administrator, and shall be submitted within 45 days after the end of
the reporting period. Reporting periods are January 1 to June 30 and
July 1 to December 31, except that the initial reporting period shall
commence on the date the Administrator issues notification of the
recordkeeping requirements.
(3) Information recorded by the owner or operator and copies of the
summarizing reports submitted to the Administrator shall be retained by
the owner or operator for 2 years after the date on which the pertinent
report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures. All such emission data will be available during
normal business hours at the regional office (region IX). The
Administrator will designate one or more places in Arizona where such
emission data and correlations will be available for public inspection.
(d) The requirements of Sec. 51.214 of this chapter are not met
since the plan does not contain legally enforceable procedures for
requiring certain stationary sources subject to emission standards to
install, calibrate, operate, and maintain equipment for continuously
monitoring and recording emissions, and to provide other information as
specified in Appendix P of part 51 of this chapter.
(e) The requirements of Sec. 51.214 of this chapter are not met
since the plan does not provide sufficient regulations to meet the
minimum specifications of Appendix P in the Maricopa Intrastate Region.
Additionally, Maricopa County Air Pollution Control Regulation IV, rule
41, paragraph B, sections 6.0-6.4 (Special Consideration) is disapproved
since it does not contain the specific criteria for determining those
physical limitations or extreme economic situations where alternative
monitoring requirements would be applicable.
[37 FR 15081, July 27, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.130, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Secs. 52.131-52.132 [Reserved]
Sec. 52.133 Rules and regulations.
(a) Regulation 7-1-1.4(A) (Exceptions) of the Arizona Rules and
Regulations for Air Pollution Control, regulations 12-3-2 (Emission
Standards) of the Coconino County Rules and Regulations for Air
Pollution Control, section 3, regulation 5 (Exceptions) of the Mohave
County Air Pollution Control Regulations, regulation 8-1-1.6
(Exceptions) of the Yuma County Air Pollution Control Regulations, and
regulation 7-1-2.8 (Exceptions) of the Rules and Regulations for Pinal-
Gila Counties Air Quality Control District all provide for an exemption
from enforcement action if the violation is attributable to certain
events. These events are too broad in scope and the source can obtain
the exemption merely by reporting the occurrence. Therefore, the above
regulations are disapproved
[[Page 120]]
since these regulations make all approved emission limiting regulations
potentially unenforceable.
(b) Paragraph E of regulation 7-1-1.3 (R9-3-103) (Air Pollution
Prohibited) prohibits any person from causing ground level
concentrations to exceed ambient standards outside the boundaries of
this operation. This regulation could allow violations of ambient air
quality standards to occur in areas to which the public has access,
contrary to the requirements of section 110(a)(1) of the Clean Air Act.
Therefore, paragraph E of regulation 7-1-1.3 (R9-3-103) of the Arizona
Rules and Regulations for Air Pollution Control is disapproved.
(c) The requirements of subpart G and Sec. 51.281 of this chapter
are not met since the plan does not provide any enforceable regulations
and a demonstration that such regulations will cause the attainment and
maintenance of national ambient air quality standards in Graham and
Greenlee Counties.
(d) Section 3, regulation 4 (Ground Level Concentrations) of the
Mohave County Air Pollution Control Regulations, paragraph E of
regulation 8-1-1.3 (Air Pollution Prohibited) of the Yuma County Air
Pollution Control Regulations, and paragraph C of regulation 7-1-1.3
(Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila
Counties Air Quality Control District prohibits any person from causing
ground level concentrations to exceed ambient standards outside the
boundaries of hisoperation. These regulations could allow violations of
ambient air quality standards to occur in areas to which the general
public has access, contrary to the requirements of section 110(a)(1) of
the Clean Air Act. Therefore, these regulations are disapproved.
[37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978;
43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986]
Sec. 52.134 Compliance schedules.
(a) Federal compliance schedule. (1) Except as provided in paragraph
(a)(2) of this section, the owner or operator of any stationary source
subject to Sec. 52.126(b) shall comply with such regulation on or before
January 31, 1974. The owner or operator of the source subject to
Sec. 52.125(c) shall comply with such regulation at initial start-up of
such source unless a compliance schedule has been submitted pursuant to
paragraph (a)(2) of this section.
(i) Any owner or operator in compliance with Sec. 52.126(b) on the
effective date of this regulation shall certify such compliance to the
Administrator no later than 120 days following the effective date of
this paragraph.
(ii) Any owner or operator who achieves compliance with
Sec. 52.125(c) or Sec. 52.126(b) after the effective date of this
regulation shall certify such compliance to the Administrator within 5
days of the date compliance is achieved.
(2) Any owner or operator of the stationary source subject to
Sec. 52.125(c) and paragraph (a)(1) of this section may, no later than
July 23, 1973, submit to the Administrator for approval a proposed
compliance schedule that demonstrates compliance with Sec. 52.125(c) as
expeditiously as practicable but not later than July 31, 1977. Any owner
or operator of a stationary source subject to Sec. 52.126(b) and
paragraph (a)(1) of this section may, no later than 120 days following
the effective date of this paragraph, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compliance
with Sec. 52.126(b) as expeditiously as practicable but not later than
July 31, 1975.
(i) The compliance schedule shall provide for periodic increments of
progress toward compliance. The dates for achievement of such increments
shall be specified. Increments of progress shall include, but not be
limited to: Submittal of the final control plan to the Administrator;
letting of necessary contracts for construction or process change, or
issuance of orders for the purchase of component parts to accomplish
emission control equipment or process modification; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
(ii) Any compliance schedule for the stationary source subject to
Sec. 52.125(c) which extends beyond July 31, 1975, shall apply any
reasonable interim measures of control designed to reduce the impact of
such source on public health.
[[Page 121]]
(3) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
[38 FR 12705, May 14, 1973, as amended at 39 FR 10584, Mar. 21, 1974; 39
FR 43277, Dec. 12, 1974; 40 FR 3994, Jan. 27, 1975; 54 FR 25258, June
14, 1989]
Sec. 52.135 Resources.
(a) The requirements of Sec. 51.280 of this chapter are not met
because the transportation control plan does not contain a sufficient
description of resources available to the State and local agencies and
of additional resources needed to carry out the plan during the 5-year
period following submittal.
[38 FR 16564, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.136 Control strategy for ozone: Oxides of nitrogen.
EPA is approving an exemption request submitted by the State of
Arizona on April 13, 1994 for the Maricopa County ozone nonattainment
area from the NOX RACT requirements contained in section
182(f) of the Clean Air Act. This approval exempts the Phoenix area from
implementing the NOX requirements for RACT, new source review
(NSR), and the applicable general and transportation conformity and
inspection and maintenance (I/M) requirements of the CAA. The exemption
is based on Urban Airshed Modeling as lasts for only as long as the
area's modeling continues to demonstrate attainment without
NOX reductions from major stationary sources.
[60 FR 19515, Apr. 19, 1995]
Sec. 52.137 [Reserved]
Sec. 52.138 Conformity procedures.
(a) Purpose. The purpose of this regulation is to provide procedures
as part of the Arizona carbon monixide implementation plans for
metropolitan transportation planning organizations (MPOs) to use when
determining conformity of transportationplans, programs, and projects.
Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs
from approving any project, program, or plan which does not conform to
an implementation plan approved or promulgated under section 110.
(b) Definitions.
(1) Applicable implementation plan or applicable plan means the
portion (or portions) of the implementation plan, or most recent
revision thereof, which has been approved under section 110 of the Clean
Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA,
42 U.S.C. 7410(c).
(2) Carbon monoxide national ambient air quality standard (CO NAAQS)
means the standards for carbon monoxide promulgated by the Administrator
under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40
CFR 50.8
(3) Cause means resulting in a violation of the CO NAAQS in an area
which previously did not have ambient CO concentrations above the CO
NAAQS.
(4) Contribute means resulting in measurably higher average 8-hour
ambient CO concentrations over the NAAQS or an increased number of
violations of the NAAQS in an area which currently experiences CO levels
above the standard.
(5) Metropolitan planning organization (MPO) means the organization
designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific
purposes of this regulation, MPO means either the Maricopa Association
of Governments or the Pima Association of Governments.
(6) Nonattainment area means for the specific purpose of this
regulation either the Pima County carbon monoxide nonattainment area as
described in 40 CFR 81.303 or the Maricopa County carbon monoxide
nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban
planning area).
(7) Transportation control measure (TCM) means any measure in an
applicable implementation plan which is intended to reduce emissions
from transportation sources.
(8) Transportation improvement program (TIP) means the staged
multiyear program of transportation improvements including an annual (or
biennial) element which is required in 23 CFR part 450.
[[Page 122]]
(9) Unified planning work program or UPWP means the program required
by 23 CFR 450.108(c) and endorsed by the metropolitan planning
organization which describes urban transportation and transportation-
related planning activities anticipated in the area during the next 1-
to 2-year period including the planning work to be performed with
federal planning assistance and with funds available under the Urban
Mass Transportation Act (49 U.S.C.) section 9 or 9A. UPWPs are also
known as overallwork programs or OWPs.
(c) Applicability. These procedures shall apply only to the Maricopa
Association of Governments in its role as the designated metropolitan
planning organization for Maricopa County, Arizona, and the Pima
Association of Governments in its role as the designated metropolitan
planning organization for Pima County, Arizona.
(d) Procedures-- (1) Transportation Plans and Transportation
Improvement Programs-- (i) Documentation. The MPO shall prepare for each
transportation plan and program (except for the unified planning work
program), as part of the plan or program, a report documenting for each
plan and program the following information:
(A) the disaggregated population projections and employment which
were assumed in:
(1) the applicable plan, and
(2) the transportation plan/program;
(B) the levels of vehicle trips, vehicle miles traveled, and
congestion that were:
(1) assumed in the applicable plan, and
(2) expected to result from the implementation of the plan/program
over the period covered by the applicable plan considering any growth
likely to result from the implementation of the plan/program;
(C) for each major transportation control measure in the applicable
implementation plan;
(1) the TCM's implementation schedule and, if determined in the
applicable plan, expected effectiveness in reducing CO emissions,
(2) the TCM's current implementation status and, if feasible, its
current effectiveness in reducing CO emissions, and
(3) actions in the plan/program which may beneficially or adversely
affect the implementation and/or effectiveness of the TCM;
(D) the CO emission levels resulting from the implementation of the
plan/program over the period covered by the applicable plan considering
any growth likely to result from the implementation of the plan/program;
and
(E) the ambient CO concentration levels, micro-scale and regional,
resulting from the implementation of the plan/program over the period
covered by the applicable plan considering any growth likely to result
from the implementation of the plan or program.
(ii) Findings. Prior to approving a transportation plan/program, the
MPO shall determine if the plan/program conforms to the applicable
implementation plan. In making this determination, the MPO shall make
and support each of the following findings for each transportation plan
and program using the information documented in paragraph (d)(1)(i) of
this section:
(A) that implementation of the transportation plan/program will
provide for the implementation of TCMs in the applicable plan on the
schedule set forth in the applicable plan;
(B) that CO emission levels, microscale and regional, resulting from
the implementation of the plan/program will not delay attainment or
achievement of any interim emission reductions needed for attainment
and/or interfere with maintenance of the CONAAQS throughout the
nonattainment area during the period covered by the applicable plan; and
(C) that implementation of the plan/program would not cause or
contribute to a violation of the CO NAAQS anywhere within the
nonattainment area during the period covered by the applicable plan.
(2) Amendments to a Transportation Plan or Transportation
Implementation Program. Prior to approving any amendment to a
transportation plan or program, the MPO shall first determine that the
amendment does not substantially change the information provided under
paragraph (d)(1)(i) of this section and does not change the findings in
paragraph (d)(1)(ii) of this section with
[[Page 123]]
respect to the original plan or program.
(3) Transportation Projects. As part of any individual
transportation project approval made by the MPO, the MPO shall determine
whether the project conforms to the applicable implementation plan using
the following procedure:
(i) For projects from a plan and TIP that has been found to conform
under procedures in paragraph (d)(1) of this section within the last
three years or from a Plan or TIP amendment that has been found to
conform under procedures in paragraph (d)(2) of this section in the past
three years, the MPO shall document as part of the approval document:
(A) the TIP project number;
(B) whether the project is an exempt project as defined in paragraph
(e) of this section; and
(C) whether the design and scope of the project has changed
significantly from the design and scope of the project as described in
the conforming TIP:
(1) If the design and scope of the project has not changed
significantly, the MPO may find the project conforming; or
(2) If the design and scope of the project has changed significantly
or the design and scope of the project could not be determined from the
TIP, the MPO shall use the procedures in paragraph (d)(3)(ii) of this
section to determine if the project conforms to the applicable
implementation plan.
(ii) For projects not exempted under paragraph (e) of this section
and not in a plan or a TIP that has been found to conform under
procedures in paragraph (d)(1) of this section within the last three
years:
(A) Documentation. The MPO shall document as part of the approval
document for each such project:
(1) the disaggregated population and employment projections, to the
extent they are used in
(i) the applicable plan, and
(ii) designing and scoping the project;
(2) the levels of vehicle trips, vehicle miles traveled, and
congestion that are
(i) assumed in the applicable plan, and
(ii) expected to result over the period covered by the applicable
plan from the construction of the project considering any growth likely
to result from the project;
(3) for each transportation control measure in the applicable plan
likely to be affected by the project:
(i) its implementation schedule and expected emission reduction
effectiveness from the applicable plan,
(ii) its current implementation status and, if feasible, its current
effectiveness, and
(iii) any actions as part of the project which may beneficially or
adversely affect the implementation and/or effectiveness of the TCM;
(4) CO emission levels which will result from the project over the
period covered by the applicable plan considering any growth likely to
result from the project; and
(5) ambient CO concentration levels which will result from the
project over the period covered by the applicable plan considering any
growth likely to result from the project.
(B) Findings. Prior to approving any transportation project, the MPO
shall determine if the project conforms to the applicable implementation
plan. In making this determination, the MPO shall make and support the
following findings for each project using the information documented in
paragraph (d)(2)(ii)(A) of this section:
(1) that the project will provide for the implementation of TCMs
affected by the project on the schedule set forth in the applicable
plan;
(2) that CO emission levels, microscale and regional, resulting from
the implementation of the project during the period covered by the
applicable plan will not delay attainment or any required interim
emission reductions and/or interfere with maintenance of the CO NAAQS in
an area substantially affected by the project;
(3) that the project will not cause or contribute to a violation of
the CO NAAQS during the period covered by the applicable plan near the
project; and
(4) that the projected emissions from the project, when considered
together with emissions projected for the conforming plan and program
within the
[[Page 124]]
nonattainment area, do not cause the plan and program to exceed the
emission reduction projections and schedules assigned to such plans and
programs in the applicable implementation plan.
(e) Exempt Projects. An individual project is exempt from the
requirements of paragraph (d) of this section if it is:
(1) located completely outside the nonattainment area;
(2) a safety project which is included in the statewide safety
improvement program, will not alter the functional traffic capacity or
capability of the facility being improved, and does not adversely affect
the TCMs in the applicable plan;
(3) a transportation control measure from the approved applicable
plan; or
(4) a mass transit project funded under the Urban Mass
Transportation Act, 49 U.S.C.
[56 FR 5485, Feb. 11, 1991]
Sec. 52.139 [Reserved]
Sec. 52.140 Monitoring transportation trends.
(a) This section is applicable to the State of Arizona.
(b) In order to assure the effectiveness of the inspection and
maintenance program and the retrofit devices required under the Arizona
implementation plan, the State shall monitor the actual per-vehicle
emissions reductions occurring as a result of such measures. All data
obtained from such monitoring shall be included in the quarterly report
submitted to the Administrator by the State in accordance with
Sec. 58.35 of this chapter. The first quarterly report shall cover the
period January 1 to March 31, 1976.
(c) In order to assure the effective implementation of Secs. 52.137,
52.138, and 52.139, the State shall monitor vehicle miles traveled and
average vehicle speeds for each area in which such sections are in
effect and during such time periods as may be appropriate to evaluate
the effectiveness of such a program. All data obtained from such
monitoring shall be included in the quarterly report submitted to the
Administrator by the State of Arizona in accordance with Sec. 58.35 of
this chapter. The first quarterly report shall cover the period from
July 1 to September 30, 1974. The vehicle miles traveled and vehicle
speed data shall be collected on a monthly basis and submitted in a
format similar to Table 1.
Table 1
Time period_____________________________________________________________
Affected area___________________________________________________________
------------------------------------------------------------------------
VMT or average vehicle
speed
-----------------------
Roadway type Vehicle
Vehicle type
type (1) (2)\1\
------------------------------------------------------------------------
Freeway.........................................
Arterial........................................
Collector.......................................
Local...........................................
------------------------------------------------------------------------
\1\ Continue with other vehicle types as appropriate.
(d) No later than March 1, 1974, the State shall submit to the
Administrator a compliance schedule to implement this section. The
program description shall include the following:
(1) The agency or agencies responsible for conducting, overseeing,
and maintaining the monitoring program.
(2) The administrative procedures to be used.
(3) A description of the methods to be used to collect the emission
data, VMT data, and vehicle speed data; a description of the
geographical area to which the data apply; identification of the
location at which the data will be collected; and the time periods
during which the data will be collected.
(e) The quarterly reports specified in paragraphs (b) and (c) of
this section shall be submitted to the Administrator through the
Regional Office, and shall be due within 45 days after the end of each
reporting period.
[38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974; 44
FR 27571, May 10, 1979]
Sec. 52.141 [Reserved]
Sec. 52.142 Federal Implementation Plan for Tri-Cities landfill, Salt
River Pima-Maricopa Indian Community.
The Federal Implementation Plan regulating emissions from an Energy
Project at the Tri-Cities landfill located on the Salt River Pima-
Maricopa
[[Page 125]]
Indian Community near Phoenix, Arizona is codified at 40 CFR 49.22.
[64 FR 65664, Nov. 23, 1999]
Sec. 52.143 [Reserved]
Sec. 52.144 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Act
are not met, since the plan as it applies to stationary sources under
the jurisdiction of the Pima County Health Department and the Maricopa
County Department of Health Services and stationary sources locating on
Indian lands does not include approvable procedures for preventing the
significant deterioration of air quality.
(b) Regulation for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (w) are hereby
incorporated and made a part of the applicable State plan for the State
of Arizona for that portion applicable to the Pima County Health
Department and the Maricopa County Department of Health Services and
sources locating on Indian lands.
[48 FR 19879, May 3, 1983]
Sec. 52.145 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulations for visibility monitoring and new source review. The
provisions of Secs. 52.26, 52.27 and 52.28, are hereby incorporated and
made part of the applicable plan for the State of Arizona.
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Arizona.
(d) This paragraph is applicable to the fossil fuel-fired, steam-
generating equipment designated as Units 1, 2, and 3 at the Navajo
Generating Station in the Northern Arizona Intrastate Air Quality
Control Region (Sec. 81.270 of this chapter).
(1) Definitions.
Administrator means the Administrator of EPA or his/her designee.
Affected Unit(s) means the steam-generating unit(s) at the Navajo
Generating Station, all of which are subject to the emission limitation
in paragraph (d)(2) of this section, that has accumulated at least 365
boiler operating days since the passage of the date defined in paragraph
(d)(6) of this section applicable to it.
Boiler Operating Day for each of the boiler units at the Navajo
Generating Station is defined as a 24-hour calendar day (the period of
time between 12:01 a.m. and 12:00 midnight in Page, Arizona) during
which coal is combusted in that unit for the entire 24 hours.
Owner or Operator means the owner, participant in, or operator of
the Navajo Generating Station to which this paragraph is applicable.
Unit-Week of Maintenance means a period of 7 days during which a
fossil fuel-fired steam-generating unit is under repair, and no coal is
combusted in the unit.
(2) Emission limitation. No owner or operator shall discharge or
cause the discharge of sulfur oxides into the atmosphere in excess of 42
ng/J [0.10 pound per million British thermal units (lb/MMBtu)] heat
input.
(3) Compliance determination. Until at least one unit qualifies as
an affected unit, no compliance determination is appropriate. As each
unit qualifies for treatment as an affected unit, it shall be included
in the compliance determination. Compliance with this emission limit
shall be determined daily on a plant-wide rolling annual basis as
follows:
(i) For each boiler operating day at each steam generating unit
subject to the emission limitation in paragraph (d)(2) of this section,
the owner or operator shall record the unit's hourly SO2
emissions using the data from the continuous emission monitoring
systems, [required in paragraph (d)(4) of this section] and the daily
electric energy generated by the unit (in megawatt-hours) as measured by
the megawatt-hour meter for the unit.
(ii) Compute the average daily SO2 emission rate in ng/J
(lb/MMBtu) following the procedures set out in method 19, appendix A, 40
CFR part 60 in effect on October 3, 1991.
[[Page 126]]
(iii) For each boiler operating day for each affected unit,
calculate the product of the daily SO2 emission rate
(computed according to paragraph (d)(3)(ii) of this section) and the
daily electric energy generated (recorded according to paragraph
(d)(3)(i) of this section) for each unit.
(iv) For each affected unit, identify the previous 365 boiler
operating days to be used in the compliance determination. Except as
provided in paragraphs (d)(9) and (d)(10) of this section, all of the
immediately preceding 365 boiler operating days will be used for
compliance determinations.
(v) Sum, for all affected units, the products of the daily
SO2 emission rate-electric energy generated (as calculated
according to paragraph (d)(3)(iii) of this section) for the boiler
operating days identified in paragraph (d)(3)(iv) of this section.
(vi) Sum, for all affected units, the daily electric energy
generated (recorded according to paragraph (d)(3)(i) of this section)
for the boiler operating days identified in paragraph (d)(3)(iv) of this
section.
(vii) Calculate the weighted plant-wide annual average
SO2 emission rate by dividing the sum of the products
determined according to paragraph (d)(3)(v) of this section by the sum
of the electric energy generated determined according to paragraph
(d)(3)(vi) of this section.
(viii) The weighted plant-wide annual average SO2
emission rate shall be used to determine compliance with the emission
limitation in paragraph (d)(2) of this section.
(4) Continuous emission monitoring. The owner or operator shall
install, maintain, and operate continuous emission monitoring systems to
determine compliance with the emission limitation in paragraph (d)(2) of
this section as calculated in paragraph (d)(3) of this section. This
equipment shall meet the specifications in appendix B of 40 CFR part 60
in effect on October 3, 1991. The owner or operator shall comply with
the quality assurance procedures for continuous emission monitoring
systems found in appendix F of 40 CFR part 60 in effect on October 3,
1991.
(5) Reporting requirements. For each steam generating unit subject
to the emission limitation in paragraph (d)(2) of this section, the
owner or operator:
(i) Shall furnish the Administrator written notification of the
SO2, oxygen, and carbon dioxide emissions according to the
procedures found in 40 CFR Sec. 60.7 in effect on October 3, 1991.
(ii) Shall furnish the Administrator written notification of the
daily electric energy generated in megawatt-hours.
(iii) Shall maintain records according to the procedures in 40 CFR
60.7 in effect on October 3, 1991.
(iv) Shall notify the Administrator by telephone or in writing
within one business day of any outage of the control system needed for
compliance with the emission limitation in paragraph (d)(2) of this
section and shall submit a follow-up written report within 30 days of
the repairs stating how the repairs were accomplished and justifying the
amount of time taken for the repairs.
(6) Compliance dates. The requirements of this paragraph shall be
applicable to one unit at the Navajo Generating Station beginning
November 19, 1997, to two units beginning November 19, 1998, and to all
units beginning on August 19, 1999.
(7) Schedule of compliance. The owner or operator shall take the
following actions by the dates specified:
(i) By June 1, 1992, award binding contracts to an architectural and
engineering firm to design and procure the control system needed for
compliance with the emission limitation in paragraph (d)(2) of this
section.
(ii) By January 1, 1995, initiate on-site construction or
installation of a control system for the first unit.
(iii) By May 1, 1997, initiate start-up testing of the control
system for the first unit.
(iv) By May 1, 1998, initiate start-up testing of the control system
for the second unit.
(v) By February 1, 1999, initiate start-up testing of the control
system for the third unit.
The interim deadlines will be extended if the owner or operators can
demonstrate to the Administrator that
[[Page 127]]
compliance with the deadlines in paragraph (d)(6) of this section will
not be affected.
(8) Reporting on compliance schedule. Within 30 days after the
specified date for each deadline in the schedule of compliance
(paragraph (d)(7) of this section, the owner or operator shall notify
the Administrator in writing whether the deadline was met. If it was not
met the notice shall include an explanation why it was not met and the
steps which shall be taken to ensure future deadlines will be met.
(9) Exclusion for equipment failure during initial operation. For
each unit, in determining compliance for the first year that such unit
is required to meet the emission limitation in paragraph (d)(2) of this
section, periods during which one of the following conditions are met
shall be excluded:
(i) Equipment or systems do not meet designer's or manufacturer's
performance expectations.
(ii) Field installation including engineering or construction
precludes equipment or systems from performing as designed.
The periods to be excluded shall be determined by the Administrator
based on the periodic reports of compliance with the emission limitation
in paragraph (d)(2) of this section which shall identify the times
proposed for exclusion and provide the reasons for the exclusion,
including the reasons for the control system outage. The report also
shall describe the actions taken to avoid the outage, to minimize its
duration, and to reduce SO2 emissions at the plant to the
extent practicable while the control system was not fully operational.
Whenever the time to be excluded exceeds a cumulative total of 30 days
for any control system for any affected unit, the owner or operators
shall submit a report within 15 days addressing the history of and
prognosis for the performance of the control system.
(10) Exclusion for catastrophic failure. In addition to the
exclusion of periods allowed in paragraph (d)(9) of this section, any
periods of emissions from an affected unit for which the Administrator
finds that the control equipment or system for such unit is out of
service because of catastrophic failure of the control system which
occurred for reasons beyond the control of the owner or operators and
could not have been prevented by good engineering practices will be
excluded from the compliance determination. Events which are the
consequence of lack of appropriate maintenance or of intentional or
negligent conduct or omissions of the owner or operators or the control
system design, construction, or operating contractors do not constitute
catastrophic failure.
(11) Equipment operation. The owner or operator shall optimally
operate all equipment or systems needed to comply with the requirements
of this paragraph consistent with good engineering practices to keep
emissions at or below the emission limitation in paragraph (d)(2) of
this section, and following outages of any control equipment or systems
the control equipment or system will be returned to full operation as
expeditiously as practicable.
(12) Maintenance scheduling. On March 16 of each year starting in
1993, the owner or operator shall prepare and submit to the
Administrator a long-term maintenance plan for the Navajo Generating
Station which accommodates the maintenance requirements for the other
generating facilities on the Navajo Generating Station grid covering the
period from March 16 to March 15 of the next year and showing at least 6
unit-weeks of maintenance for the Navajo Generating Station during the
November 1 to March 15 period, except as provided in paragraph (d)(13)
of this section. This plan shall be developed consistent with the
criteria established by the Western States Coordinating Council of the
North American Electric Reliability Council to ensure an adequate
reserve margin of electric generating capacity. At the time that a plan
is transmitted to the Administrator, the owner or operator shall notify
the Administrator in writing if less than the full scheduled unit-weeks
of maintenance were conducted for the period covered by the previous
plan and shall furnish a written report stating how that year qualified
for one of the exceptions identified in paragraph (d)(13) of this
section.
[[Page 128]]
(13) Exceptions for maintenance scheduling. The owner or operator
shall conduct a full 6 unit-weeks of maintenance in accordance with the
plan required in paragraph (d)(12) of this section unless the owner or
operator can demonstrate to the satisfaction of the Administrator that a
full 6 unit-weeks of maintenance during the November 1 to March 15
period should not be required because of the following:
(i) There is no need for 6 unit-weeks of scheduled periodic
maintenance in the year covered by the plan;
(ii) The reserve margin on any electrical system served by the
Navajo Generating Station would fall to an inadequate level, as defined
by the criteria referred to in paragraph (d)(12) of this section.
(iii) The cost of compliance with this requirement would be
excessive. The cost of compliance would be excessive when the economic
savings to the owner or operator of moving maintenance out of the
November 1 to March 15 period exceeds $50,000 per unit-day of
maintenance moved.
(iv) A major forced outage at a unit occurs outside of the November
1 to March 15 period, and necessary periodic maintenance occurs during
the period of forced outage.
If the Administrator determines that a full 6 unit-weeks of maintenance
during the November 1 to March 15 period should not be required, the
owner or operator shall nevertheless conduct that amount of scheduled
maintenance that is not precluded by the Administrator. Generally, the
owner or operator shall make best efforts to conduct as much scheduled
maintenance as practicable during the November 1 to March 15 period.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
56 FR 50186, Oct. 3, 1991; 61 FR 14975, Apr. 4, 1996]
Sec. 52.146 Particulate matter (PM-10) Group II SIP commitments.
(a) On December 28, 1988, the Governor's designee for Arizona
submitted a revision to the State Implementation Plan (SIP) for Casa
Grande, Show Low, Safford, Flagstaff and Joseph City, that contains
commitments, from the Director of the Arizona Department of
Environmental Quality, for implementing all of the required activities
including monitoring, reporting, emission inventory, and other tasks
that may be necessary to satisfy the requirements of the PM-10 Group II
SIPs.
(b) The Arizona Department of Environmental Quality has committed to
comply with the PM-10 Group II State Implementation Plan (SIP)
requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph
City as provided in the PM-10 Group II SIPs for these areas.
(c) On December 28, 1988, the Governor's designee for Arizona
submitted a revision to the State Implementation Plan (SIP) for Ajo,
that contains commitments from the Director of the Arizona Department of
Environmental Quality, for implementing all of the required activities
including monitoring, reporting, emission inventory, and other tasks
that may be necessary to satisfy the requirements of the PM-10 Group II
SIPs.
(d) The Arizona Department of Environmental Quality has committed to
comply with the PM-10 Group II State Implementation Plan (SIP)
requirements.
[55 FR 17437, Apr. 25, 1990 and 55 FR 18108, May 1, 1990]
Sec. 52.150 Yavapai-Apache Reservation.
(a) The provisions for prevention of significant deterioration of
air quality at 40 CFR 52.21 are applicable to the Yavapai-Apache
Reservation, pursuant to Sec. 52.21(a).
(b) In accordance with section 164 of the Clean Air Act and the
provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is
designated as a Class I area for the purposes of preventing significant
deterioration of air quality.
[61 FR 56470, Nov. 1, 1996]
Subpart E--Arkansas
Sec. 52.170 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Arkansas under section 110 of the Clean
Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air
quality standards.
[[Page 129]]
(b) Incorporation by reference. (1) Material listed in paragraphs
(c), (d) and (e) of this section with an EPA approval date prior to July
1 1998, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c), (d) and (e) of this section
with EPA approval dates after July 1, 1998, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 6 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State Implementation Plan as of
July 1, 1998.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700,
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC
20460; or at the Office of Federal Register, 800 North Capitol Street,
NW, Suite 700, Washington, DC.
(c) EPA approved regulations.
EPA Approved Regulations in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
submittal/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Regulation 19: Regulations of the Arkansas Plan of Implementation for Air Pollution Control
----------------------------------------------------------------------------------------------------------------
Chapter 1: Title, Intent and Purpose
----------------------------------------------------------------------------------------------------------------
Section 19.101................... Title............... 01/22/99 10/16/00 (65 FR
61108).
Section 19.102................... Applicability....... 01/22/99 10/16/00 (65 FR
61108).
Section 19.103................... Intent and 01/22/99 10/16/00 (65 FR
Construction. 61108).
Section 19.104................... Severability........ 01/22/99 10/16/00 (65 FR
61108).
----------------------------------------------------------------------------------------------------------------
Chapter 2: Definitions
----------------------------------------------------------------------------------------------------------------
Chapter 2........................ Definitions......... 01/22/99 10/16/00 (65 FR
61108).
----------------------------------------------------------------------------------------------------------------
Chapter 3: Protection of the NAAQS
----------------------------------------------------------------------------------------------------------------
Section 19.301................... Purpose............. 01/22/99 10/16/00 (65 FR
61108).
Section 19.302................... Department 01/22/99 10/16/00 (65 FR
Responsibilities. 61108).
Section 19.303................... Regulated Sources 01/22/99 10/16/00 (65 FR
Responsibilities. 61108).
Section 19.304................... Delegated Federal 01/22/99 10/16/00 (65 FR
Programs. 61108).
----------------------------------------------------------------------------------------------------------------
Chapter 4: Minor Source Review
----------------------------------------------------------------------------------------------------------------
Section 19.401................... General 01/22/99 10/16/00 (65 FR
Applicability. 61108).
Section 19.402................... Approval Criteria... 01/22/99 10/16/00 (65 FR
61108).
Section 19.403................... Owner/Operator's 01/22/99 10/16/00 (65 FR
Responsibilities. 61108).
Section 19.404................... Required Information 01/22/99 10/16/00 (65 FR
61108).
Section 19.405................... Action on 01/22/99 10/16/00 (65 FR
Application. 61108).
Section 19.406................... Public Participation 01/22/99 10/16/00 (65 FR
61108).
Section 19.407................... Permit Amendments... 01/22/99 10/16/00 (65 FR
61108).
Section 19.408................... Exemption from 01/22/99 10/16/00 (65 FR
Permitting. 61108).
[[Page 130]]
Section 19.409................... Transition.......... 01/22/99 10/16/00 (65 FR
61108).
Section 19.410................... Permit Revocation 01/22/99 10/16/00 (65 FR
and Cancellation. 61108).
Section 19.411................... General Permits..... 01/22/99 10/16/00 (65 FR
61108).
Section 19.412................... Dispersion Modeling. 01/22/99 10/16/00 (65 FR
61108).
Section 19.413................... Confidentiality..... 01/22/99 10/16/00 (65 FR
61108).
----------------------------------------------------------------------------------------------------------------
Chapter 5: General Emission Limitations Applicable to Equipment
----------------------------------------------------------------------------------------------------------------
Section 19.501................... Purpose............. 01/22/99 10/16/00 (65 FR
61108).
Section 19.502................... General Regulations. 01/22/99 10/16/00 (65 FR
61108).
Section 19.503................... Visible Emission 01/22/99 10/16/00 (65 FR
Regulations. 61108).
Section 19.504................... Stack Height/ 01/22/99 10/16/00 (65 FR
Dispersion 61108).
Regulations.
Section 19.505................... Revised Emission 01/22/99 10/16/00 (65 FR
Limitation. 61108).
----------------------------------------------------------------------------------------------------------------
Chapter 6: Upset and Emergency Conditions
----------------------------------------------------------------------------------------------------------------
Section 19.601................... Upset Conditions.... 01/22/99 10/16/00 (65 FR
61108).
Section 19.602................... Emergency Conditions 01/22/99 10/16/00 (65 FR
61108).
----------------------------------------------------------------------------------------------------------------
Chapter 7: Sampling, Monitoring, and Reporting Requirements
----------------------------------------------------------------------------------------------------------------
Section 19.701................... Purpose............. 01/22/99 10/16/00 (65 FR
61108).
Section 19.702................... Air Emission 01/22/99 10/16/00 (65 FR
Sampling. 61108).
Section 19.703................... Continuous Emission 01/22/99 10/16/00 (65 FR
Monitoring. 61108).
Section 19.704................... Notice of Completion 01/22/99 10/16/00 (65 FR ....................
61108).
Section 19.705................... Recordkeeping and 01/22/99 10/16/00 (65 FR ....................
Reporting 61108).
Requirements.
Section 19.706................... Public Availability 01/22/99 10/16/00 (65 FR ....................
of Emissions Data. 61108).
----------------------------------------------------------------------------------------------------------------
Chapter 9: PSD
----------------------------------------------------------------------------------------------------------------
Section 19.901................... Title............... 01/22/99 10/16/00 (65 FR ....................
61108).
Section 19.902................... Purposes............ 01/22/99 10/16/00 (65 FR ....................
61108).
Section 19.903................... Definitions......... 01/22/99 10/16/00 (65 FR ....................
61108).
Section 19.904................... Adoption of 01/22/99 10/16/00 (65 FR ....................
Regulations. 61108).
----------------------------------------------------------------------------------------------------------------
Chapter 10: Regulations for the Control of Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 19.1001.................. Title............... 01/22/99 10/16/00 (65 FR ....................
61108).
Section 19.1002.................. Purpose............. 01/22/99 10/16/00 (65 FR ....................
61108).
Section 19.1003.................. Definitions......... 01/22/99 10/16/00 (65 FR ....................
61108).
Section 19.1004.................. General Provisions.. 01/22/99 10/16/00 (65 FR ....................
61108).
Section 19.1005.................. Provisions for 01/22/99 10/16/00 (65 FR ....................
Specific Processes. 61108).
[[Page 131]]
Section 19.1006.................. Severability........ 01/22/99 10/16/00 (65 FR ....................
61108).
----------------------------------------------------------------------------------------------------------------
Chapter 11: Major Source Permitting Procedures
----------------------------------------------------------------------------------------------------------------
Chapter 11....................... Major Source 01/22/99 10/16/00 (65 FR ....................
Permitting 61108).
Procedures.
----------------------------------------------------------------------------------------------------------------
Appendix A: Insignificant Activities List
----------------------------------------------------------------------------------------------------------------
Appendix A:...................... Insignificant 01/22/99 10/16/00 (65 FR ....................
Activities List. 61108).
----------------------------------------------------------------------------------------------------------------
Regulation 26: Regulations of the Arkansas Operating Permit Program
----------------------------------------------------------------------------------------------------------------
Section 3........................ Requirements for 07/23/93 10/16/00 (65 FR Subsections (a) and
Permit 61108). (b) only.
Applicability.
Section 4........................ Applications for 07/23/93 10/16/00 (65 FR Subsections (a)-(b),
Permits. 61108). (h), and (j)-(k)
only.
Section 5........................ Action on 07/23/93 10/16/00 (65 FR Subsections (a)(1),
Application. 61108). (a)(3)-(4), and (b)
only.
Section 6........................ Permit Review by the 07/23/93 10/16/00 (65 FR Subsections (a),
Public, Affected 61108). (b)(1)(i)-(ii),
States, and EPA. (b)(1)(v), (b)(4),
(c)(1)-(2), and
(d)(1)-(2) only.
----------------------------------------------------------------------------------------------------------------
Arkansas Regulation No. 9: Permit Fees
----------------------------------------------------------------------------------------------------------------
Section 1........................ Purpose............. 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 2........................ Short Title......... 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 3........................ Definitions......... 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 4........................ Applicability....... 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 5........................ Maximum Fees........ 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 6........................ Retroactivity....... 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 7........................ Permit Fee Payment.. 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 8........................ Refunds............. 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 9........................ Solid Waste Fee..... ........... .................... NOT IN SIP.
Section 10....................... Fee Schedule........ 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 11....................... Review of Fees...... 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 12....................... Severability........ 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 13....................... Appeals............. 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
Section 14....................... Effective Date...... 12/16/85 11/26/86, 51 FR Ref 52.200(c)(24).
40975.
----------------------------------------------------------------------------------------------------------------
Prevention of Significant Deterioration Supplement to the Arkansas Plan of Implementation for Air Pollution
Control
----------------------------------------------------------------------------------------------------------------
Section 1........................ Title............... 06/19/90 05/02/91, 56 FR Ref 52.200(c)(28).
20137. See 40 CFR 52.181
for status of
Arkansas PSD
regulations in
Arkansas SIP.
Section 2........................ Purpose............. 06/19/90 05/02/91, 56 FR Ref 52.200(c)(28).
20137.
Section 3........................ Definitions......... 06/19/90 05/02/91, 56 FR Ref 52.200(c)(28).
20137.
Section 4........................ Adoption of 06/19/90 05/02/91, 56 FR Ref 52.200(c)(28).
Regulations. 20137.
Section 5........................ Severability........ 06/19/90 05/02/91, 56 FR Ref 52.200(c)(28).
20137.
Section 6........................ Effective Date...... 06/19/90 05/02/91, 56 FR Ref 52.200(c)(28).
20137.
----------------------------------------------------------------------------------------------------------------
Regulations for the Control of Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 1........................ Title............... 04/04/79 01/29/80, 45 FR Ref 52.200(c)(7).
06569.
Section 2........................ Purpose............. 04/04/79 01/29/80, 45 FR Ref 52.200(c)(7).
06569.
Section 3........................ Definitions......... 04/23/81 10/13/81, 46 FR Ref 52.200(c)(13).
50370.
Section 4........................ General Provisions.. 04/23/81 10/13/81, 46 FR Ref 52.200(c)(13).
50370.
Section 5........................ Provisions for 12/19/79 02/08/83, 48 FR Ref 52.200(c)(21).
Specific Processes. 05722.
Section 6........................ Severability........ 04/04/79 01/29/80, 45 FR Ref 52.200(c)(7).
06569.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific requirements.
[[Page 132]]
EPA-Approved Arkansas Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
approval/ EPA
Name of source Permit No. effective approval Comments
date date
----------------------------------------------------------------------------------------------------------------
None.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory provisions and quasi-regulatory measures.
EPA Approved Statutes in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
submittal/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Arkansas Water and Air Pollution Control Act--Part I
----------------------------------------------------------------------------------------------------------------
82-1901.......................... Title of Act........ 01/28/72 05/31/72, 37 FR Ref 52.200(a)&(b).
10850.
82-1902.......................... Definitions......... 01/28/72 05/31/72, 37 FR Ref 52.200(a)&(b).
10850.
82-1903.......................... Pollution Control 01/28/72 05/31/72, 37 FR Ref 52.200(a)&(b).
Commission. 10850.
82-1904.......................... Powers and Duties of 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Commission. 10850.
82-1905.......................... Persons Operating 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Disposal System-- 10850.
Furnishing
Information and
Permitting
Examinations and
Surveys.
82-1906.......................... Hearing Before 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Commission or 10850.
Member--Appeal
Procedure.
82-1907.......................... Co-operation with 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Agency of Another 10850.
State or United
States.
82-1908.......................... Actions Declared 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Public Nuisance-- 10850.
Permit to
Construct, Make
Changes in or
Operate Disposal
System--Submission
of Plans.
82-1909.......................... Violation of Act a 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Misdemeanor--Pollut 10850.
ion a Nuisance--
Abatement.
----------------------------------------------------------------------------------------------------------------
Arkansas Environmental Permit Fees Act (Act 817 of 1983)
----------------------------------------------------------------------------------------------------------------
82-1916 thru 82-1921............. Permit Fees Act..... 12/16/85 11/12/86, 51 FR Ref 52.200(c)(24).
40975.
----------------------------------------------------------------------------------------------------------------
Arkansas Water and Air Pollution Control Act--Part II
----------------------------------------------------------------------------------------------------------------
82-1931.......................... Air Pollution--State 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Policy. 10850.
82-1932.......................... Purpose of Act...... 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
10850.
82-1933.......................... Definitions......... 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
10850.
82-1934.......................... Exemptions.......... 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
10850.
82-1935.......................... Powers of Commission 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
10850.
82-1936.......................... Factors in Exercise 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
of Commission 10850.
Powers.
82-1937.......................... Industrial Secrets 11/25/85 08/04/86, 51 FR Ref 52.200(c)(23).
Confidential--Revea 27804.
ling a Misdemeanor.
82-1938.......................... Unlawful Acts....... 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
10850.
82-1939.......................... Variance From 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Regulations. 10850.
82-1940.......................... Application of Water 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Pollution 10850.
Provisions.
82-1941.......................... Political 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Subdivision 10850.
Forbidden to
Legislate on Air
Pollution.
[[Page 133]]
82-1942.......................... Radiation Control 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Law not Amended or 10850.
Repealed--No
authority to
Commission Over
Employer-Employee
Relationships.
82-1943.......................... Private Rights 01/28/72 05/31/72, 37 FR Ref 52.200(a) & (b).
Unchanged. 10850.
----------------------------------------------------------------------------------------------------------------
Small Business Assistance Program Act (Act 251 of 1993)
----------------------------------------------------------------------------------------------------------------
Act 251.......................... SBAP Act............ 02/26/93 03/08/95 60 FR 12691 Ref 52.200(c)(31).
----------------------------------------------------------------------------------------------------------------
EPA Approved Control Measures in the Arkansas SIP
----------------------------------------------------------------------------------------------------------------
State
Applicable submittal/
Control measures geographic or effective EPA approval date Comments
nonattainment area date
----------------------------------------------------------------------------------------------------------------
Air Quality Surveillance Network. Statewide........... 02/15/77 04/11/79, 44 FR Ref 52.200(c)(6).
21645.
Lead SIP......................... Statewide........... 12/10/79 04/16/82, 47 FR Ref 52.200(c)(17).
16330.
Air Quality Surveillance Data Statewide........... 04/24/80 08/06/81, 46 FR Ref 52.200(c)(20).
Reporting. 40006.
Protection of Visibility in Statewide........... 06/12/85 02/10/86, 51 FR Ref 52.200(c)(22).
Mandatory Class I Federal Areas. 04912.
Part II of the Visibility Statewide........... 10/09/87 07/21/88, 53 FR Ref 52.200(c)(25)
Protection Plan. 27517.
Stack Height Negative Declaration Statewide........... 09/12/86 04/10/89, 54 FR Ref 52.200(c)(26).
14222.
Small Business Stationary Source Statewide........... 11/06/92 03/08/95, 60 FR Ref 52.200(c)(31).
Technical and Environmental 12691.
Compliance Assistance Program.
----------------------------------------------------------------------------------------------------------------
[63 FR 56927, Oct. 23, 1998, as amended at 65 FR 61107, Oct. 16, 2000]
Sec. 52.171 Classification of regions.
The Arkansas plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Central Arkansas Intrastate............................... II III III III III
Metropolitan Fort Smith Interstate........................ II III III III III
Metropolitan Memphis Interstate........................... I III III III I
Monroe (Louisiana)-El Dorado (Arkansas) Interstate........ II III III III III
Northeast Arkansas Intrastate............................. III III III III III
Northwest Arkansas Intrastate............................. III III III III III
Shreveport-Texarkana-Tyler Interstate..................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 6571, Jan. 29, 1980]
Sec. 52.172 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Arkansas' plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act.
[[Page 134]]
Further, the Administrator finds that the plan satisfies all
requirements of Part D of the Clean Air Act, as amended in 1977, except
as noted below.
[45 FR 6571, Jan. 29, 1980]
Secs. 52.173-52.180 [Reserved]
Sec. 52.181 Significant deterioration of air quality.
(a) The plan submitted by the Governor of Arkansas as follows:
(1) April 23, 1981--submittal of the PSD Supplement Arkansas Plan of
Implementation for Pollution Control (the ``PSD Supplement'') submitted
April 23, 1981 (as adopted by the Arkansas Commission on Pollution
Control and Ecology (ACPCE) on April 10, 1981);
(2) June 3, 1988--submittal of revisions to the PSD Supplement
(revised and adopted by the ACPCE on March 25, 1988);
(3) June 19, 1990--submittal of revisions to the PSD Supplement
(revised and adopted by the ACPCE on May 25, 1990), and;
(4) March 5, 1999--submittal of Regulation 19, Chapter 9, Prevention
of Significant Deterioration which recodified Arkansas' PSD regulations
(as adopted by the Arkansas Pollution Control and Ecology Commission on
January 22, 1999)
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Federally designed Indian lands. Therefore, the
provisions of Sec. 52.21 (b) through (w) are hereby incorporated by
reference and made a part of the applicable implementation plan and are
applicable to sources located on land under the control of Indian
governing bodies.
[56 FR 20139, May 2, 1991, as amended at 63 FR 17683, Apr. 10, 1998; 63
FR 32981, June 17, 1998; 65 FR 61108, Oct. 16, 2000]
Sec. 52.183 Small business assistance program.
The Governor of Arkansas submitted on November 6, 1992, a plan
revision to develop and implement a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program (PROGRAM) to
meet the requirements of section 507 of the Clean Air Act by November
15, 1994. The plan commits to provide technical and compliance
assistance to small businesses, hire an Ombudsman to serve as an
independent advocate for small businesses, and establish a Compliance
Advisory Panel to advise the program and report to the EPA on the
program's effectiveness. On April 23, 1993, the Governor submitted Act
251 of 1993 which establishes the Compliance Advisory Panel for the
PROGRAM.
[60 FR 12695, Mar. 8, 1995]
Sec. 52.200 Original identification of plan section.
(a) This section identifies the original ``Arkansas Plan for
Implementation for Air Pollution Control'' and all revisions submitted
by Arkansas that were federally approved prior to July 1, 1998.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) A certification that the public hearings on the plan were held
was submitted by the State Department of Pollution Control and Ecology
on January 25, 1972. (Non-regulatory)
(2) State Department of Pollution Control and Ecology letter
outlining projected emission reductions, ASA forecasts, source
surveillance, legal authority and interstate cooperation was submitted
on February 24, 1972. (Non-regulatory)
(3) Revision of section 16 of the State air code was submitted by
the Department of Pollution Control and Ecology on July 7, 1972.
(4) June 27, 1975, letter from the Governor submitting sections 1
through 10 of the Regulations and Strategy of the Arkansas Plan of
Implementation for Air Pollution Control except those portions relating
to delegation of authority to enforce Federal requirements.
(5) August 16, 1976, statement issued by Director of the Arkansas
Department of Pollution Control and Ecology specifying the test and
reference methods for determining compliance with emission limitations.
(6) Administrative changes to the Arkansas Air Quality Surveillance
Network were submitted by the Arkansas Department of Pollution Control
and Ecology on February 15, 1977, January
[[Page 135]]
10, 1978, and March 27, 1978. (Non-regulatory.)
(7) On April 4, 1979, the Governor submitted the nonattainment area
plan for the area designated nonattainment as of March 3, 1978.
(8) On August 14, 1979, the Governor submitted supplemental
information clarifying the plan.
(9) Revisions to Arkansas Regulation 4.5(a) for the ``Control of
Volatile Organic Compounds'' showing a final compliance date of June 1,
1981, was submitted by the Arkansas Governor on December 10, 1979.
(10) A modification to the definition for lowest achievable emission
rate (LAER), consistent with the definition contained in section 171(3)
of the Act, was submitted by the Arkansas Governor on December 10, 1979.
(11) On July 11, 1979, the Governor submitted revisions to section
6(a) malfunction or upset and section 7(e) continuous emission
monitoring of the Arkansas Regulations.
(12) Revisions to section 3 (i.e., 3.(a), (b), (k), (l), (n), (o),
(z), (bb), (dd), (ee), (ff), and (gg)), section 4 (i.e., 4.1(b), 4.2(a),
4.5(a)(1), 4.5(a)(2), 4.6(c), and 4.6(d)), and section 5 (i.e., 5.4 and
5.5) were adopted by the Arkansas Commission on Pollution Control and
Ecology on September 26, 1980 and submitted by the Governor on October
10, 1980.
(13) Revisions to section 3 (i.e., 3.(ii) through 3.(nn)), section 4
(i.e., 4.1, 4.5(a)(1), 4.5(a)(2), and 4.6(e)), and section 5 (i.e., 5.6)
of the Arkansas Regulations for the Control of Volatile Organic
Compounds were adopted by the Arkansas Commission on Pollution Control
and Ecology on April 10, 1981 and submitted by the Governor on April 23,
1981.
(14) A variance to Regulation 8 for Weyerhaeuser Gypsum Plant in
Nashville, Arkansas was submitted by the Governor on June 29, 1981.
(15) On April 23, 1981, the Governor submitted revisions to the plan
to incorporate Federal Prevention of Significant Deterioration (PSD)
Regulations 40 CFR 52.21 by reference.
(16) On September 11, 1981, the Governor submitted a revision to
section 8 of the Regulations of the Arkansas Plan of Implementation for
Air Pollution Control which implements an emission limit for Energy
Systems Company of El Dorado, Arkansas.
(17) The Arkansas State Implementation Plan for lead was submitted
to EPA on December 10, 1979, by the Governor of Arkansas as adopted by
the Arkansas Department of Pollution Control and Ecology on November 16,
1979. A letter of clarification dated January 5, 1982, also was
submitted.
(18) Revisions to the plan for intergovernmental consultation,
interstate pollution abatement, and composition of the Arkansas
Commission on Pollution Control and Ecology were submitted to EPA by the
Arkansas Department of Pollution Control and Ecology on January 9, 1980.
(19) Revision to the plan for maintenance of employee pay was
submitted to EPA by the Arkansas Department of Pollution Control and
Ecology on January 9, 1980.
(20) On April 24, 1980, the Governor submitted final revisions to
the ambient monitoring portion of the plan.
(21) On December 10, 1979, the Governor submitted a revision to
Section 5.1(a) of the Regulation of the Arkansas Plan of Implementation
for Air Pollution Control, which controls VOC emissions. This revision
was adopted by the Arkansas Commission on Pollution Control and Ecology
on November 16, 1979.
(22) On July 12, 1985, the Governor submitted a revision entitled,
``Protection of Visibility in Mandatory Class I Federal Areas, May 6,
1985.'' This submittal included new source review regulations and
visibility monitoring strategy as adopted by the Arkansas Commission on
Pollution Control and Ecology on May 24, 1985.
(i) Incorporation by reference.
(A) New source review regulations include amendments to rules and
regulations of the Arkansas Department of Pollution Control and Ecology
entitled, ``Prevention of Significant Deterioration Supplement to the
Arkansas Plan of Implementation for Air Pollution Control,'' Sections 1
through 6, adopted on May 24, 1985.
(B) Arkansas Department of Pollution Control and Ecology Minute
Order No. 85-12, adopted May 24, 1985.
(ii) Additional Material.
[[Page 136]]
(A) Narrative submittal, including introduction, and visibility
monitoring strategy.
(23) A revision to the Arkansas Plan of Implementation of Air
Pollution Control was submitted by the Governor on November 25, 1985.
(i) Incorporation by reference.
(A) Act 763 of 1985 (public availability of emission data) approved
April 3, 1985. Act 763 of 1985 amends section 82-1937 (Industrial
secrets confidential--Revealing a misdemeanor) of the Arkansas Water and
Air Pollution Control Act.
(24) A revision to the Arkansas Plan of Implementation for Air
Pollution Control was submitted by the Governor on December 16, 1985.
(i) Incorporation by reference.
(A) Act 817 of 1983 (permit fees) adopted March 25, 1983. Act 817 of
1983 added sections 82-1916 thru 82-1921 to the Arkansas Statutes. (B)
Arkansas Department of Pollution Control and Ecology Regulation No. 9
(Regulations for Development and Implementation of a Permit Fee System
for Environmental Permits) adopted by the Arkansas Commission on
Pollution Control and Ecology on November 16, 1984. Only those portions
of Regulation No. 9 related to air permits are incorporated.
(25) Part II of the Visibility Protection Plan was submitted by the
Governor on October 9, 1987.
(i) Incorporation by reference.
(A) Revision entitled ``Arkansas Plan of Implementation for Air
Pollution Control--Revision: Protection of Visibility in Mandatory Class
I Federal Areas: Part II--Long-Term Strategy, September 29, 1987''. This
submittal includes a visibility long-term strategy and general plan
provisions as adopted by the Arkansas Commission on Pollution Control
and Ecology on September 25, 1987.
(B) Arkansas Department of Pollution Control and Ecology, Minute
Order No. 87-24, adopted September 25, 1987.
(ii) Additional material.
(A) None.
(26) A revision to the Arkansas Plan of Implementation for Air
Pollution Control, as adopted by the Arkansas Commission on Pollution
Control and Ecology on May 22, 1987, was submitted by the Governor of
Arkansas on July 1, 1987. This revision adds the definitions and
dispersion technique regulations required to implement the Federal stack
height regulations.
(i) Incorporation by reference.
(A) Sections 3(r), 3(s), 3(t), 3(u), 3(v), 3(w), 3(x), 3(y), 5(f),
and 5(g) of the Arkansas Plan of Implementation for Air Pollution
Control as adopted by the Arkansas Commission on Pollution Control and
Ecology on May 22, 1987.
(ii) Additional material--None.
(27) Revisions to the Arkansas State Implementation Plan for (1) the
National Ambient Air Quality Standards and particulate matter
definitions (subsections (z) through (ff) of ``Section 3.
Definitions''). (2) Prevention of Significant Deterioration of Air
Quality and its Supplement, and (3) subsection f(ix) of ``Section 4.
Permits'', as adopted on March 25, 1988, by the Arkansas Commission on
Pollution Control and Ecology, were submitted by the Governor on June 3,
1988.
(i) Incorporation by reference.
(A) Regulations of the Arkansas Plan of Implementation for Air
Pollution Control ``Section 3. Definitions'', subsections (z) through
(ff), as promulgated on March 25, 1988.
(B) Prevention of Significant Deterioration Supplement Arkansas Plan
of Implementation For Air Pollution Control, as amended on March 25,
1988.
(C) Regulations of the Arkansas Plan for Implementation for Air
Pollution Control ``Section 4. Permits'', subsection f(ix), as
promulgated on March 25, 1988.
(ii) Other material--None.
(28) Revisions to the Arkansas State Implementation Plan for
Prevention of Significant Deterioration (PSD) of Air Quality Supplement
Arkansas Plan of Implementation for Air Pollution Control (PSD nitrogen
dioxide increments), as adopted on May 25, 1990, by the Arkansas
Commission on Pollution Control and Ecology, were submitted by the
Governor on June 19, 1990.
(i) Incorporation by reference.
(A) Prevention of Significant Deterioration Supplement Arkansas Plan
of Implementation For Air Pollution Control as amended on May 25, 1990.
(ii) Additional Material--None.
(29)-(30) [Reserved]
[[Page 137]]
(31) The State is required to implement a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program
(PROGRAM) as specified in the plan revision submitted by the Governor on
November 6, 1992. This plan submittal, as adopted by the Arkansas
Commission on Pollution Control and Ecology on November 5, 1992, was
developed in accordance with section 507 of the Clean Air Act. On April
23, 1993, the Governor submitted Act 251 of 1993 which establishes the
Compliance Advisory Panel (CAP) for the PROGRAM.
(i) Incorporation by reference.
(A) Act 251 of 1993 approved by the Governor on February 26, 1993.
Included in this Act are provisions creating a CAP, establishing
membership of the CAP, and addressing the responsibilities and duties of
the CAP.
(B) Arkansas Department of Pollution Control and Ecology, Minute
Order No. 92-81, adopted November 5, 1992.
(ii) Additional material.
(A) Revision entitled, ``Arkansas Small Business Stationary Source
Technical and Environmental Compliance Assistance Program SIP
Revision'', adopted November 5, 1992.
(B) Legal opinion letter dated November 5, 1992, from Steve Weaver,
Chief Counsel, Arkansas Department of Pollution Control and Ecology,
regarding legality of Commission teleconference meeting.
[37 FR 10850, May 31, 1972. Redesignated at 63 FR 56827, Oct. 23, 1998]
Editorial Note: For Federal Register citations affecting
Sec. 52.200, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Subpart F--California
Sec. 52.219 Identification of plan--conditional approval.
The plan revision commitments listed in paragraph (a) of this
section were submitted on the date specified.
(a) On November 13, 1992, California submitted a commitment to
prepare a revision to the California State Implementation Plan (SIP) for
the California ozone nonattainment areas to address the requirement in
section 182(c)(4)(B) of the 1990 Clean Air Act Amendments that requires
the States to develop a SIP revision for all ozone nonattainment areas
classified as serious and above to opt-out of the Clean-Fuel Fleet
Program by submitting for EPA approval a substitute program(s) resulting
in as much or greater long-term reductions in ozone-producing and toxic
air emissions. The State submittal contained an interim milestone to
supply more accurate emission reduction data demonstrating equivalence
no later than one year after the publication date of the Federal
Register notice approving the State's committal SIP revision. California
is required to submit the final SIP revision by May 15, 1994. The State
held a public meeting on this committal SIP on March 17, 1992. The
California SIP revisions are met automatically when the SIP revision
concerns a regulation previously adopted by the Board.
(b) [Reserved]
[58 FR 62533, Nov. 29, 1993]
Sec. 52.220 Identification of plan.
(a) Title of plan: ``The State of California Implementation Plan for
Achieving and Maintaining the National Ambient Air Quality Standards''.
(b) The plan was officially submitted on February 21, 1972.
(1) Mendocino County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement parts XI, XII, and part XIII.
(2) Placer County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement Rule 42 (Mountain Counties Air Basin), Rules 40 and 42 (Lake
Tahoe Air Basin).
(3) Tehama County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement Rule 5.1.
(ii) Previously approved on May 31, 1972 and now deleted without
replacement Rule 4.13.
(4) San Bernardino County APCD.
(i) Previously approved on May 31, 1972 and now deleted without
replacement Regulation VI, Rules 100 to 104, 109, 110, 120, and 130 to
137.
(5) Ventura County Air Pollution Control District.
[[Page 138]]
(i) Previously approved on September 22, 1972 and now deleted
without replacement Rule 18.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Air quality data submitted on April 10, 1972, by the Air
Resources Board.
(2) Report on status of regulations submitted on April 19, 1972, by
the Air Resources Board.
(3) Emission inventory submitted on April 21, 1972, by the Air
Resources Board.
(4) Air quality data submitted on April 26, 1972, by the Air
Resources Board.
(5) Air quality data submitted on May 5, 1972, by the Air Resources
Board.
(6) Revised regulations for all APCD's submitted on June 30, 1972,
by the Governor, except for:
(i) San Diego County Air Pollution Control District.
(A) Rule 65 is now removed without replacement as of March 14, 1989.
(B) Previously approved on Septemeber 22, 1972 and now deleted
without replacement Rules 44, 75, 77 to 80, 82 to 84, and 86 to 91.
(C) Previously approved on September 22, 1972 and now deleted
without replacement, Rules 12 and 13.
(ii) Calaveras County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 305.
(iii) Colusa County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 3.1 and 5.1 to 5.17.
(iv) Fresno County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 501, 502, 504, 506, 508 to 512, 514, 516, and
517.
(v) Glenn County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 111, 113 to 117, 119 to 125, and 150.
(vi) Kern County APCD (including Southeast Desert).
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502, 505 to 510, 512 to 515, and 517.
(vii) Kings County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502 to 509, 511 to 517.
(viii) Lassen County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 1.5, 3.1, and 5.1 to 5.17.
(ix) Madera County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 507 to 510 and 512 to 517.
(x) Merced County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502, 503, 506 to 510, and 512 to 517.
(xi) Modoc County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 1.5 and 4.1 to 4.17.
(xii) San Joaquin County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 502 and 506 to 509.
(xiii) Stanislaus County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 303, 304, 502, 505 to 510 and 512 to 517.
(xiv) Tulare County APCD.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 303, 304, 501, 502, 506 to 514, 516 to 518.
(xv) San Bernardino County Air Pollution Control District.
(A) Previously approved on December 21, 1975 and now deleted without
replacement Rule 68.
(xvi) Northern Sonoma County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 56, 64, 64.1 and 64.2.
(xvii) Los Angeles County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 51.
(xviii) Orange County Air Pollution Control District.
[[Page 139]]
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rules 51, 67.1 and 68.
(xix) Riverside County Air Pollution Control District.
(A) Previously approved on September 22, 1972 and now deleted
without replacement Rule 51.
(7) Information (Non-regulatory) regarding air quality surveillance
submitted on July 19, 1972, by the Air Resources Board.
(8) Compliance schedules submitted on December 27, 1973, by the Air
Resources Board.
(9) Compliance schedules submitted on February 19, 1974, by the Air
Resources Board.
(10) Compliance schedules submitted on April 22, 1974, by the Air
Resources Board.
(11) Compliance schedules submitted on June 7, 1974, by the Air
Resources Board.
(12) Compliance schedules submitted on June 19, 1974, by the Air
Resources Board.
(13) Compliance schedules submitted on September 4, 1974, by the Air
Resources Board.
(14) Compliance schedules submitted on September 19, 1974, by the
Air Resources Board.
(15) Compliance schedules submitted on October 18, 1974, by the Air
Resources Board.
(16) Compliance schedules submitted on December 4, 1974, by the Air
Resources Board.
(17) Compliance schedules submitted on January 13, 1975, by the Air
Resources Board.
(18) Air quality maintenance area designations submitted on July 12,
1974, by the Governor.
(19)-(20) [Reserved]
(21) Revised regulations for the following APCD's submitted on July
25, 1973, by the Governor.
(i) Lassen County APCD.
(A) Appendix A (Implementation Plan for Agricultural Burning) and
Appendix B (Enforcement).
(ii) Modoc County APCD.
(A) Rule 3:10A and Regulation V (Rules 5:1 to 5:7).
(iii) Siskiyou County APCD.
(A) Rules 2.13, 4.5, 4.12, 4.13, 4.14, and Implementation Plan for
Agricultural Burning.
(iv) Bay Area APCD.
(A) Regulation 1.
(1) Division 1, Sections 1000-1010.
(2) Division 2, Section 2000.
(3) Division 3, Sections 3000-3004, 3100-3111, 3115-3118, 3120, and
3200-3500.
(4) Division 4.
(B) Regulation 4.
(1) Sections 1-2.
(C) Regulation 2.
(1) Division 1, Sections 1214 to 1214.3.
(D) Regulation 3.
(1) Division 1, Sections 1205 to 1205.3.
(v) Butte County APCD.
(A) Sections 1-1 to 1-35, 2-8, 2-10 to 2-11, 2A-1 to 2A-18, 3-2 to
3-2.1, 3-6, 3-9, 3-10.1, 3-11.1, 3.14, and 3.16.
(vi) San Diego County APCD.
(A) Rules 41, 55, 58, and 101-113.
(B) Previously approved on May 11, 1977 and now deleted without
replacement Rule 41.
(C) Previously approved on May 11, 1977 and now deleted without
replacement, Rule 55.
(vii) Tehama County APCD.
(A) Rules 1:2, 3:1-3, 3:3a, 3:3b, 3:4-3:5, 3:5a, 3:6-3:14, 4:6, and
Implementation Plan for Agricultural Burning.
(B) Previously approved on May 11, 1977 and now deleted without
replacement Rule 41.
(viii) Yuba County APCD.
(A) Rules 1.1, 2.1-2.2, 2.10, 4.11, and Agricultural Burning
Regulations, Sections 1 to 6.
(B) Rule 4.5.
(ix) Kings County APCD.
(A) Rules 102, 105-108, 110, 404-406, 409, 417-I, II, IV, and 510.
(B) Rule 111.
(C) Previously approved on August 22, 1977 and now deleted without
replacement Rule 510.
(x) Colusa County APCD.
(A) Rule 6.5 and Amendment Number 3.
(B) Rule 4.4g.
(xi) Imperial County APCD.
(A) Agricultural Burning Implementation Plan (Rules 200-206).
(xii) Sacramento County APCD
(A) Rules 72, 90, 91, and 92.
(xiii) Ventura County APCD.
(A) Rules 2, 37, 56, 59, 60, and 101.
(xiv) Yolo-Solano APCD.
[[Page 140]]
(A) New or amended Rules 1.2 (a, b, d to g, i to x, and z to ae),
1.4, 2.4(e), 2.8, 2.9, 4.1 to 4.5, 5.1 to 5.18, 6.1 (i) and (j), 6.2 to
6.5, and 6.7 to 6.8.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 4.4, 4.5, 5.2, 5.3, 5.5, 5.7 to 5.9, and 5.13 to 5.17.
(xv) San Bernardino County APCD.
(A) New or amended Rules 5(a), 53A, 57, 57.1, 57.2.
(xvi) Santa Barbara County APCD.
(A) Rules 2(a, b, k, l, m, n, o, p, q, r, s, t, u, v, w), 40 [with
the exception of 40(4)(m)].
(xvii) Calaveras County APCD.
(A) Rules 110 and 402(f).
(xviii) Los Angeles County APCD (Metropolitan Los Angeles portion).
(A) Amended Rule 45.
(22) Revised regulations for the following APCD's submitted on
November 2, 1973 by the Governor's designee.
(i) Bay Area APCD.
(A) Regulation 2.
(1) Division 1, Section 1222.
(2) Division 3, Section 3211.
(3) Division 4, Section 4113.
(4) Division 8, Sections 8414-8416.
(5) Division 9, Sections 9613, 9615, 9711.3, and 9711.5.
(6) Division 11, Section 11101.
(23) Revised regulations for the following APCD's submitted on
January 22, 1974 by the Governor's designee.
(i) Sacramento County APCD.
(A) Rule 30.
(ii) Santa Barbara County APCD.
(A) Rules 22, 24.1, 24.2.
(24) Revised regulations for the following APVD's submitted on July
19, 1974, by the Governor's designee.
(i) Sutter County APCD.
(A) Rule 1.3
(ii) Bay Area APCD.
(A) Regulation 1: (1) Sections 3112-3114, 3119 and 3122.
(iii) San Diego County APCD.
(A) Regulation IX.
(B) Rule 61.
(iv) Stanislaus County APCD.
(A) Rules 103, 108, 108.1, 113, 401, 402, 403, 404, 405, 409.1,
409.2, 418, 421, 505, 518, and 401.1.
(B) Rule 110.
(v) Tehama County APCD.
(A) Rules 3:14 and 4:18.
(B) Rule 4:17.
(vi) Shasta County APCD.
(A) Rules 1:1 to 1:2, 2:6(1.)(a), 2:6(1.)(b) (i-ii and iv-vii)
2:6(1.)(c)(i-vi), 2:6(1.)(d-e), 2:6(2-4), 2:7, 2:8(a-c), 2:9, 2:11,
2:14, 2:25, 3:1 to 3:9, 3:11 to 3:12, and 4:1 to 4:23.
(B) Rule 3:10.
(C) Previously approved on August 22, 1977 and now deleted without
replacement Rules 4.2 to 4.4, 4.8 to 4.10, 4.15, and 4.23.
(vii) Kern County APCD.
(A) Rules 102, 103, 108, 108.1, 110, 113, 114, 301, 305, 401, 404,
405, 407.3, 409, 411, 413, 414, 417-I and II, 504, 516, and 518
(B) Rule 111.
(C) Rules 601-615, except those portions pertaining to sulfur
dioxide and the 12-hour carbon monoxide criteria levels.
(D) Previously approved on August 22, 1977 and now deleted without
replacement Rule 516 (including Southeast Desert).
(E) Previously approved on August 22, 1977 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
404.
(viii) Sacramento County APCD.
(A) Rules 11, 39, 44, 70, 73, and 111.
(B) Rules 123 and 124, except those portions that pertain to the 12-
hour CO criteria level.
(ix) Yolo-Solano APCD.
(A) Rule 2.22.
(B) New or amended Rules 1.2(c, h, and y), 1.3, 2.11 to 2.16, 2.19,
4.3, 5.4, 5.6, and 5.12.
(C) Previously approved on June 14, 1978 and now deleted without
replacement Rules 5.6 and 5.12.
(x) Ventura County APCD.
(A) Rules 2, 3, 31, 32, 200, 203, and 204.
(B) Rule 32.
(C) Rules 70, 73.
(D) Rule 96.
(E) Rule 111.
(xi) Santa Barbara County Air Pollution Control District.
(A) Rules 150 to 152, 154 to 159, 160A, and 161 to 164, except those
portions pertaining to nitrogen oxides, sulfur dioxide and the 12-hour
carbon monoxide criteria levels.
(25) Revised regulations for the following APCD's submitted on
October 23, 1974 by the Governor's designee.
(i) Fresno County APCD.
[[Page 141]]
(A) Rules 102, 103, 108, 108.1, 111-114, 401, 404-406, 408, 409.1,
409.2, 416, 416.1a, b, c(2), c(3), d, e(2), and f, 505 and 518.
(B) Rule 110.
(C) New or amended Rules 402 (a to g), 416.1(c)(1), 416.1(e)(1),
416.1(e)(3), and 416.1(e)(4).
(D) Rules 601-615, except those portions pertaining to sulfur
dioxide and the 12-hour carbon monoxide criteria levels.
(E) Previously approved on August 22, 1977 and now deleted without
replacement Rule 505.
(ii) San Joaquin County APCD.
(A) Rules 102, 103, 108, 108.1, 108.2, 113, 305, 404-406, 407.2,
407.3, 408, 408.1, 409.1, 409.2, 410, 413, 414, 416, 416.1A to C, and
D.3 to E., 417, 420, 420.1, 421, 504, 505, and 510-520.
(B) Rule 110.
(C) New or amended Rules 416.1 (D)(1) and (D)(2).
(D) Previously approved on August 22, 1977 and now deleted without
replacement Rules 504, 505, 510, 512 to 518, and 520.
(iii) Lake County APCD.
(A) Parts II--V, Sections 3-7 of Part VI, Parts XI-XIII, Appendix A
(Agricultural Burning Definitions A-M, Burning Regulations/Agricultural
Burning (Farm) 1-9, /Farm 1-3, /Range 1-2), Appendix B (Parts I-II, Part
IV-1, 2, 5, and 6, Part V-1, 4, 5 and 6, Parts VI-VII, Part VIII-1-7 and
9, Parts IX-X), Tables I-IV.
(iv) Tulare County APCD.
(A) Rules 102, 103, 108.1, 110, 112-114, 302, 401, 404-406, 407.3,
408, 410, 410.1, 410.2, 411, 420, 503-505, and 515.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 503 to 505, 515, and 519.
(v) Ventura County APCD.
(A) Rules 2 and 125.
(vi) Santa Barbara County Air Pollution Control District.
(A) Rule 160B, except those portions pertaining to nitrogen oxides,
sulfur dioxide and the 12-hour carbon monoxide criteria levels.
(vii) Monterey Bay Unified APCD.
(A) Rules 100 to 106, 300 to 303, 400 to 401, 403, 404(a)(b)(d), 405
to 408, 412 to 417, 419 to 420, 500 to 508, 600 to 616, and 800 to 816.
(26) Revised regulations for the following APCD's submitted on
January 10, 1975, by the Governor's designee.
(i) Sutter County APCD
(A) Rule 4.1
(ii) Bay Area APCD
(A) Regulation 2: (1) Sections 2018.1-2.
(B) Regulation 7.
(C) Regulation 8.
(iii) Butte County APCD.
(A) Sections 3-11, 3-12, and 3-12.1.
(iv) Glenn County APCD.
(A) Sections 2, 3.1, 10-14.3, 16, 17, 21, 21.1, 24, 57, 58, 81, 85,
86, 95.1, 118, 122.1-122.3, 154 and 155.
(B) Rules 95.2 and 95.3.
(C) Previously approved on May 11, 1977 and now deleted without
replacement Rules 118 and 122.1 to 122.3.
(v) Yuba County APCD.
(A) Agricultural Burning Regulations, sections 1 and 3.
(vi) Colusa County APCD.
(A) Rules 6.2 and 6.4.d. (1-2).
(vii) Fresno County APCD.
(A) Rules 409, 417, 503, 507, 513, and 515.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 503, 507, 513, and 515.
(viii) Mariposa County APCD.
(A) Rules 101, 102, 201, 202, 203 (a-f, h, i, and k), 204-216, 301-
303, 305-306, 308-313, 315-323, 401-403, 405-409, and 600-618.
(B) Rule 203(j).
(C) Previously approved on August 22, 1977 and now deleted without
replacement Rules 601, 602, 604 to 609, 611 to 616, and 618.
(ix) Sierra County APCD.
(A) Rules 101, 102, 201-216, 301-323, 405-409, 601-620, 6, 27, 29,
and 51-56.
(B) Previously approved and now deleted, Rule 102.
(x) Shasta County APCD.
(A) Rules 2:6(5)(b), 3:1, 3:2, 4:6, and 4:14.
(xi) Tulare County APCD.
(A) Rules 417 and 417.1a. thru d., e.2., and f.
(B) New or amended Rules 417.1 (e)(1), (e)(3) and (e)(4).
(xii) Kern County APCD.
(A) Rules 410 and 503.
(xiii) Madera County APCD.
(A) Rules 102, 103, 105, 108, 112-114, 301, 305, 401, 402, (a-e, and
g), 404-406, 407.2, 407.3, 408, 409, 409.1 409.2, 412, 416, 416.1a, b,
c(2), c(3), d, e(2), f, 504, 505, and 518.
[[Page 142]]
(B) Rule 402(f).
(C) Rule 110.
(D) New or amended Rules 416.1 (c)(1), (e)(1), (e)(3), and (e)(4).
(xiv) Yolo-Solano APCD.
(A) New or amended Rule 6.1 (a), (b), (c), (d), (e), and (g) (1, 2,
and 3).
(xv) Monterey Bay Unified APCD.
(A) Rules 49 to 411 and 421.
(xvi) Plumas County APCD.
(A) Rule 203(j).
(B) New or amended Rules 101, 102, 201, 202, 204, 206, 209, 210(a),
214, 216, 216-49, 216-50, 216-51, 216-54, 216-55, 216-56, 216-1, 216-2,
216-3, 305, 306, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401,
403, 405, 406, 408, 701, 702, 704, 705, 706, 707, 708, 709, 711, 712,
713, 714, 715, 716, 717.
(C) Previously approved and now deleted (without replacement) Rules
51.7, 57.5, 62, 70.
(D) Previously approved on June 14, 1978 and now deleted without
replacement Rules 705 to 709.
(E) Previously approved and now deleted, Rule 102.
(xvii) Placer County APCD.
(A) New or amended Rules 102, 105, 201, 202, 204, 209, 312, 403,
405, 406, 701, 705, 707, 711, 712, 713, 714, 716, 717.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 701, 707, 711 to 714, and 716 (Mountain Counties Air
Basin).
(C) Previously approved on June 14, 1978 and now deleted without
replacement Rules 701, 705, 707, 711 to 714, and 716 (Lake Tahoe Air
Basin).
(27) Revised regulations for the following APCD's submitted on April
10, 1975, by the Governor's designee.
(i) Stanislaus County APCD.
(A) Rule 409.
(ii) Tehama County APCD.
(A) Rule 4:6.
(iii) Sacramento County APCD.
(A) Rules 12, 22a, 22b, 25, 32-34, and 40.
(iv) Bay Area APCD.
(A) Regulation 2, section 1302.2 and section 1302.22.
(B) Rules 32, 33, 34, 38, 40.
(v) San Bernardino County APCD.
(A) New or amended Rule 73.
(vi) Riverside County APCD.
(A) New or amended Rule 57.
(vii) Nevada County APCD.
(A) New or amended Rules 101, 102, 105, 106, 107, 201, 202, 203
[with exception of (g)], 204, 206, 208, 209, 210(a), 212, 214, 215, 301,
302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316,
317, 318, 322, 401, 403, 405, 406, 408, 601, 602, 701, 702, 703, 705,
706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 701 to 703, 705 to 709, and 712 to 716.
(C) Previously approved and now deleted, Rule 102.
(viii) El Dorado County APCD.
(A) New or amended Rules 101, 102, 202, 204, 206, 209, 210(a), 212,
214, 301, 305, 306, 309, 310, 311, 312, 313, 315, 316, 317, 318, 323,
401, 403, 405, 406, 408, 601, 602, 701, 702, 704, 705, 706, 707, 708,
709, 711, 712, 713, 714, 715, 716, 717.
(B) Previously approved and now deleted (without replacement) Rules
5, 6, 7.
(ix) [Reserved]
(x) Santa Barbara County APCD.
(A) Rules 32, 36, 36.3, 36.4, 36.5, 37, 38.
(28) Revised regulations for the following APCD's submitted on July
22, 1975, by the Governor's designee.
(i) Sutter County APCD
(A) Rules 1.2, 2.82, and 4.11.
(ii) San Diego County APCD.
(A) Rule 66.
(iii) Yuba County APCD
(A) Rule 1.1.
(iv) Calaveras County APCD.
(A) Rules 102, 201-215, 301-323, 401-403, 405-408, 409 (Public
Records), 601-604, 700-717, 105, 106, 110, 407(b), 409 (Organic
Solvents), 409.1 (Architectural Coatings), 409.2 (Disposal and
Evaporation of Solvents), 412, and 413.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 701, 704 to 709, 711 to 714, and 716.
(v) Tuolumne County APCD.
(A) Rules 102, 201, 202, 203, (a-f, h, i, and k), 204-216, 301-303,
305-306, 308-313, 315-323, 400-403, 405-408, 409 (Public Records), 600-
618, 105-110, 301-304, 409 (Fuel Burning Equipment, Oxides of Nitrogen),
410, and 412-414.
(vi) Kings County APCD.
(A) Rule 410.
(vii) Shasta County APCD.
(A) Rule 2.8(e).
(viii) Kern County APCD.
(A) Rules 115, 407.1, 422, and 423.
(ix) Sacramento County APCD.
(A) Rule 93.
[[Page 143]]
(x) Riverside County APCD.
(A) New or amended Rule 53.
(xi) Orange County APCD (Metropolitan Los Angeles portion).
(A) Amended Rule 53.
(29) Revised regulations for the following APCD's submitted on
November 3, 1975 by the Governor's designee.
(i) Lake County APCD.
(A) Part III, Number 59a.
(ii) Sacramento County APCD.
(A) Rules 13 and 14.
(B) Rules 71, 112, and 113.
(iii) Monterey Bay Unified APCD.
(A) Rule 418.
(iv) Bay Area APCD.
(A) Regulation 2, section 1302.21 and section 1302.23.
(v) San Diego County.
(A) Rule 63.
(B) Rules 112, 113.
(vi) Ventura County APCD.
(A) Rules 65, 66, 72, and 73.
(B) Previously approved on August 15, 1977 and now deleted without
replacement Rules 65 and 66.
(30) Revised regulations for the following APCD's submitted on
February 10, 1976 by the Governor's designee.
(i) Bay Area APCD
(A) Regulation 1: (1) Section 3121.
(B) Regulation 6.
(ii) Butte County APCD
(A) Section 3-11.2
(iii) Yuba County APCD.
(A) Agricultural Burning Regulations, sections 1 and 3.
(iv) Colusa County APCD.
(A) Rule 6.6A.I and 6.6A.II-1. (a-f).
(v) Fresno County APCD.
(A) Rules 115, 422, 423, and 407.
(vi) San Joaquin County APCD.
(A) Rules 114, 401, 402, 407.1, 409, 411, 422 and 423.
(B) [Reserved]
(C) Rule 411.1 and 411.2.
(vii) Lake County APCD.
(A) Table V.
(viii) Sacramento County APCD.
(A) Rules 94-97.
(ix) Ventura County APCD.
(A) Rules 70 and 71.
(x) Southern California APCD.
(A) New or amended Rules 501, 502, 506, 507, 508, 509, 511, 512,
513, 514, 515, 516, 517, 518, 801, 803, 804, 807, 808, 809, 810, 811,
813, 814, 815, 817.
(B) Previously approved on June 14, 1978 and now deleted without
replacement Rules 501, 502, 506 to 509, 511 to 518, 801, 803 to 804, 807
to 811, 813 to 815, and 817.
(xi) Santa Barbara County APCD.
(A) Rule 32.1.
(31) Revised regulations for the following APCD's submitted on April
21, 1976, by the Governor's designee.
(i) Great Basin Unified APCD.
(A) [Reserved]
(B) Rules 100 to 107, 215, 300 to 303, 400 to 402, 404 to 413, 416
to 421, 500 to 501, 600 to 616, and 800 to 817.
(C) Alpine County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8,
4.10, 4.11, and 5.18.
(D) Inyo County APCD: Rules 1.3, 3.1, 4.1, 4.10, 4.11, 4.12, and
5.1.
(E) Mono County APCD: Rules 1.4, 3.1, 4.2-1, 4.7, 4.7-1, 4.8, 4.10,
4.11, 5.1, and 5.18.
(F) Previously approved on June 6, 1977 and now deleted without
replacement Rules 600 to 615 and 800 to 817.
(ii) Sutter County APCD
(A) Rule 4.1
(iii) San Diego County APCD.
(A) Rule 5.
(iv) Glenn County APCD
(A) Sections 14.3 and 15.
(v) Kings County APCD.
(A) Rule 411.
(B) Rules 412 and 412.1.
(vi) Southern California APCD.
(A) Rules 461 and 462.
(B) New or amended Rules 103, 104, 105, 106.
(C) Rules 201-207, 209-212, 214-217, and 219.
(D) Previously approved on November 9, 1978 and now deleted without
replacement Rule 211.
(vii) Santa Barbara County APCD.
(A) Rule 35.1 and 35.2.
(B) Rule 2(x).
(C) Rule 63, except those portions pertaining to sulfur dioxide and
the 12-hour carbon monoxide criteria levels.
(viii) Fresno County APCD.
(A) Rule 411 and 411.1.
(ix) Kern County APCD.
(A) Rule 412 and 412.1.
(x) Stanislaus County APCD.
(A) Rule 411 and 411.1.
(xi) Tulare County APCD.
(A) Rule 412 and 412.1.
(xii) Madera County APCD.
(A) Rule 411.1 and 411.2.
(xiii) Ventura County APCD.
[[Page 144]]
(A) Rules 2, 4, 36, 40, 41, 42, 43, 104, 201, and 202.
(B) Previously approved on August 15, 1977 and now deleted without
replacement Rule 43.
(xiv) Yolo-Solano APCD.
(A) New or amended Rules 6.1(f) (1 and 2), (g)(4), (h) (1 and 2) and
6.6.
(xv) Nevada County APCD.
(A) Amended Rule 211.
(xvi) Bay Area APCD.
(A) Regulation 2, section 3212.
(B) Regulation 3, section 3203.
(xvii) [Reserved]
(xviii) Amador County APCD.
(A) Rule 404.
(B) New or amended Rules 101, 102, 104, 105, 106, 107, 201, 202,
204, 206, 207.1, 209, 210(A), 211, 212, 213.2, 213.3, 214, 305, 307,
308, 312, 401, 402, 403, 405, 406, 408, 409, 601, 602, 603, 702, 704,
705, 706, 707, 708, 709, 711, 712, 713, 714, 715, 716, 717.
(C) Previously approved and now deleted (without replacement) Rules
18.1 (Regulation V), 22 (Regulation V).
(D) Previously approved on January 24, 1978 and now deleted without
replacement Rules 705 to 709 and 712 to 716.
(E) Previously approved on January 24, 1978 and now deleted without
replacement Rules 213.2 and 213.3.
(32) Revised regulations for the following APCD's submitted on
August 2, 1976 by the Governor's designee.
(i) Bay Area APCD.
(A) Regulation 2: (1) Sections 2022.1-2, 2035.1, 3211.1, and
Divisions 16-18.
(ii) Stanislaus County APCD.
(A) Rules 102, 104, 105, 111, 112, 114, 301, 305, 407.1, 416, 416.1,
422, 423, 501, 504, and 511.
(B) Previously approved on August 22, 1977 and now deleted without
replacement Rules 501, 404, and 511.
(iii) Merced County APCD.
(A) Rules 411 and 411.1.
(B) Rule 109.
(C) New or amended Rules 102, 103, 103.1, 104, 105, 108.1, 110 to
115, 302, 401, 404, 405, 407.1, 408.1, 408.2, 409, 409.1, 409.2, 410,
412, 416, 416.1[(I), (II) (A-L), (II) (N-O), (III), (IV), (V), and
(VI)], 421(a), 501, 504, 505, 511, and 518.
(D) Previously approved and now deleted (without replacement) Rules
102(hh) and 102(ii).
(E) Previously approved on June 14, 1978 and now deleted without
replacement Rules 105, 501, amd 504.
(iv) Southern California APCD.
(A) New or amended Rules 403, 404, 405, 407, 408, 409, 432, 441,
443, 464, 465, 467, 470, 471, 472, 473, 504, 505, 510, 802, 805, 806,
812, 816.
(B) Previously approved and deleted (without replacement).
(1) Los Angeles County APCD Rules 53.1, 55.
(2) San Bernardino County APCD Rules 50, 51.
(3) Riverside County APCD Rule 55.
(4) Orange County APCD Rule 55.
(C) Rules 202 and 219.
(D) Previously approved on June 14, 1978 and now deleted without
replacement Rules 504, 505, 510, 802, 805, 806, 812, and 816.
(E) Previously approved on June 14, 1978 and now deleted without
replacement.
(1) Los Angeles County APCD Rule 505.
(2) Riverside County APCD Rule 505.
(3) San Bernadino County APCD Rule 505.
(F) Previously approved on June 14, 1978 and now deleted without
replacement Rule 432.
(v) Plumas County APCD.
(A) Amended Rule 324.
(vi) El Dorado County APCD.
(A) Amended Rule 211.
(33)-(34) [Reserved]
(35) Revised regulations for the following APCDs submitted on
November 10, 1976 by the Governor's designee.
(i) Sacramento County APCD.
(A) Rules 1, 2, 11, 12, 21, 22a, 22b, 24, 25, 27, 28, 29, 33, 39,
44, 70, 71, 90, 92, 93, 94, 95, 96, 97, 98, and definitions list
addition to Regulation VII.
(B) Rule 14.
(ii) Southern California APCD.
(A) Rule 461.
(iii) Ventura County APCD.
(A) Rule 70.
(B) Rules 2, 57, 72, and 73 and Regulation VII (Rules 110-129).
(C) Previously approved on August 15, 1977 and now deleted without
replacement Rules 115 to 119, 112, and 128 to 129.
(iv) Santa Barbara County APCD.
(A) Rule 35.2.
(v) San Joaquin County APCD.
[[Page 145]]
(A) Rules 102, 103, 103.1, 104, 105, 111, 112, 301, 305, 402, 416.1,
501, 504, 511.
(B) Previously approved on October 4, 1977 and now deleted without
replacement Rule 501.
(vi) Tulare County APCD.
(A) Rules 102, 103, 103.1, 104, 105, 110, 112, 115, 305 (402
paragraphs a. through e. and g.), 405, 407.1, 407.3, 409, 417.1, and
421.
(B) Rules 111 and 402(f).
(C) Previously approved on September 21, 1976 and now deleted
without replacement Rules 105 and 305.
(vii) Fresno County APCD.
(A) Rules 407 and 408.
(viii) Imperial County APCD.
(A) Rules 100, 114.5, 131.5, and 148.D(3).
(ix) Del Norte County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300,
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482,
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following
portions of Regulation 2: General prohibitions (all of page 1), Articles
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, and
Articles IV to VII.
(x) San Diego County APCD.
(A) Rules 2(k), 3, 50, 52, 53, 60, 62.
(xi) Monterey Bay Unified APCD.
(A) Rules 101, 104, 106, 214, 301, 404(c), 406, 407, 415, 601 to
603, 609, 801, 805, and 811.
(xii) San Luis Obispo County APCD.
(A) New or amended Rules 101 Title, 102, 103, 105(A)(2) through
105(A)(46), 106, 108, 109, 110 Enforcement, 111, 401, 403, 405, 408,
409, 410, 801, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812,
813, 814, 815, 816, 817.
(B) Rule 107.
(C) Rules previously approved and now deleted (without replacement)
101(1)(b), 101(2), 101(3), and 101(4) Effective Date, 110 Prohibitions,
116(1), 116(3), 119(1) and 119(4).
(D) Amended Rules 501 and 502 (sections A-F, H-I, K-N, O(1), P-Q).
(E) New or amended Rules 202, 205, 206, 207, 208, 209, 210, and 211.
(F) Previously approved on August 4, 1978 and now deleted without
replacement Rules 801 to 817.
(G) Previously approved on August 4, 1978 and now deleted without
replacement Rules 102 and 408.
(xiii) Kern County APCD.
(A) New or amended Rules 102, 102(d), 102(oo), 103, 103.1, 104 to
105, 110, 112, 301(f), 305(a), 402 (c) and (e), 417(I)(A),
417(II)(B)(L), 501, and 511.
(B) Rule 504.
(C) Previously approved on March 22, 1978 and now deleted without
replacement Rules 105, 501, 504, and 511 (including Southeast Desert).
(xiv) Humboldt County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and non-criteria pollutants), 190, 240(d) (except paragraph (3)), 300,
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482,
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following
portions of Regulation 2: General prohibitions (all of page 1), Articles
I and II, paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III,
Articles IV to VII, and Appendix A.
(D) Previously approved and now deleted (without replacement) Rules
5, 6, 80, 87, and 95.
(E) Previously approved on August 2, 1978 and now deleted without
replacement Rules 340, 510, and 620 to 650.
(xv) Mendocino County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and noncriteria pollutants), 190, 300 (except paragraph (a)), 310, 340,
400(b), 410(b), 410(c), 430, 440, 460, 470, 480, 482, 500, 510, 520,
600, 610, 620, 630, 640, and 650; and the following portions of
regulation 2: General prohibitions (all of page 1), Articles I and II,
paragraphs A1, A2, A3, A4, 5, 7, and 8 of Article III, Articles IV and
V, Article VI(a) to (i), Article VII, and Appendices B and C.
(D) Previously approved and now deleted (without replacement) Parts
IV, V-5-B, VI-1, and VI-4.
(E) Previously approved on November 7, 1978 and now deleted without
replacement Rules 510, 620, 640, and 650.
(xvi) Northern Sonoma County APCD.
(A) Rule 540.
(B) New or amended Rules 100, 110, 120, 130, 150, 160, (except
160(a) and non-
[[Page 146]]
criteria pollutants), 190, 300, 310, 320, 340, 400(b), 410(a), 410(c),
420, 430, 440, 470, 480, 482, 500, 510, 520, 600, 610, 620, 630, 640,
and 650; and the following portions of Regulation 2: General
prohibitions (all of page 1), Articles I and II, paragraphs A1, A2, A3,
A4, 5, 7, and 8 of Article III, Articles IV and V, paragraphs (a) to (i)
of Article VI, and Article VII.
(C) Previously approved on August 16, 1978 and now deleted without
replacement Rules 340, 510, 600, 610, 620, 630, 640, and 650.
(xvii) Trinity County APCD.
(A) Rule 540.
(B) [Reserved]
(C) New or amended Rules 100, 110, 120, 130, 150, 160 (except 160(a)
and non-criteria pollutants), 190, 240(d) except paragraph (3)), 300,
310, 320, 340, 400(b), 410(a), 410(c), 420, 430, 440, 470, 480, 482,
500, 510, 520, 600, 610, 620, 630, 640, and 650; and the following
portions of regulation 2: General prohibitions (all of page 1), articles
I and II, paragraphs A1, A2, A3, A4, 5, 7 and 8 of article III, articles
IV and V, paragraphs (a) to (i) of article VI, and article VII.
(D) Previously approved on August 2, 1978 and now deleted without
replacement Rules 340, 510, and 620 to 650.
(36) Revised regulations for the following APCD were submitted on
November 19, 1976, by the Governor's designee.
(i) Southern California APCD.
(A) Rules 213, 213.1, and 213.2.
(B) Previously approved on November 9, 1978 and now deleted without
replacement Rule 213, 213.1, and 213.2.
(37) Revised regulations for the following APCD's submitted on
February 10, 1977, by the Governor's designee.
(i) Southern California APCD.
(A) New or amended Rules 102, 468, 469, 474, 475, 476.
(B) Rule 430.
(C) Amended Rule 431.
(ii) San Diego County APCD.
(A) Rule 68.
(iii) San Luis Obispo County APCD.
(A) Rule 112, and Rules 404(A) through 404(B)(1)(a), 404(B)(1)(c),
404(B)(2), 404(B)(3), 404(B)(4), 404(c), 404(D), and 404(E).
(iv) Lake County APCD.
(A) Rules 500, 510, and 511.
(B) New or amended sections 100, 200 to 205.1, 207 to 234, 236, 238
to 260, 300, 301, 400, 401, 402 (A to E, and G), 410, 411, 412 (A and
C), 430 to 439, 520, 530 to 533, 800, 900 to 902, 1000 to 1003, 1100,
1200, 1300, 1400, 1500, 1600, 1601, 1610, 1611, 1612, 1620, 1700, 1701,
1710 to 1714, 1720 to 1725, 1730, 1731 to 1736, and tables I, II, III,
IV, and V.
(C) Previously approved and now deleted (without replacement) part
II; sections 9, 15, 18, 28, 42, 43, 49a, 49b, 50, 52, and 54 of part
III; sections 1 to 4 of part IV; section (1)(B) of part V; and parts IV
and VI of Appendix B.
(D) Previously approved on August 4, 1978 and now deleted without
replacement Rules 300, 800, 1600, 1601, 1610 to 1612, 1620, 1700 to
1701, 1710 to 1714, 1720 to 1725, 1730 to 1736, and Tables I to V.
(v) Tuolumne County APCD.
(A) Rule 404.
(B) New or amended Rules 102, 202, 203, 206, 207, 208, 209, 213,
215, 216, 217, 301, 302, 303, 304, 308, 319, 321, 322, 323, 324, 402,
407, 409, 601, 602, 603, 604, 605, 700, 701, 702, 703, 704, 705, 706,
707, 708, 709, 710, 711, 712, 713, 714, 715, 716, and 717 and rescinded
Rules 413 and 414.
(C) Previously approved on December 6, 1979 and now deleted without
replacement Rules 601 to 605, 700 to 704, and 705 to 716.
(38) Revisions to air pollution emergency episode plans submitted on
June 1, 1977 by the Governor's designee.
(i) South Coast Air Quality Management District's Regulation VII
Emergencies as revised on May 6, 1977. No action has been taken on those
portions of Rules 702, 703, 704, 706, 708, 708.2, 710, 711, 712 and 714
that pertain to sulfate, oxidant in combination with sulfate, or oxidant
in combination with sulfur dioxide. No action has been taken on Rules
708.2(b)(3)(B), 708.2(b)(4)(B), 708.2(b)(4)(C) and 708.2(b)(5)(C).
(39) Revised regulations for the following APCDs submitted on June
6, 1977, by the Governor's designee.
(i) Great Basin Unified APCD.
(A) Rule 403.
(ii) San Bernardino County APCD (Southeast Desert portion).
(A) Rule 430.
(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
[[Page 147]]
(C) New or amended Rules 104, 106, 208, 218, 401, 403, 53-A(a), 407
to 409, 431, 432, 441 to 443, 464 to 470, 472, 473, 475, 476, 503 to
508, 510 to 518, 801 to 817.
(D) [Reserved]
(E) Rules 703, 704 (except those portions that pertain to the
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707,
708, 709, 710, 711, 713, and 714.
(F) Previously approved on September 8, 1978 and now deleted without
replacement Rules 503 to 508, 510 to 516, 518, and 801 to 817.
(G) Previously approved on October 8, 1978 and now deleted without
replacement Rules 466 and 467.
(iii) Los Angeles County APCD (Southeast Desert portion).
(A) Rule 430.
(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217, and 219.
(C) New or amended Rules 101, 102, 2, 103 to 106, 208, 218, 301, 42,
401, 403 to 405, 407 to 409, 431, 432, 441 to 444, 461, 463 to 476, 502
to 518, 801 to 817.
(D) Deleted without replacement Rule 53.1, and Regulation VI--
Orchard or Citrus Grove Heaters.
(E) Rules 701, 702, 703, 704 (except those portions that pertain to
the criteria levels for carbon monoxide and sulfur dioxide), 705, 706,
707, 708, 709, 710, 711, 712, 713, 714, and 715.
(F) Previously approved on September 8, 1978 and now deleted without
replacement Rules 502 to 516, 518, and 801 to 817.
(iv) Riverside County APCD (Southeast Desert portion).
(A) Rule 430.
(B) Rules 201-207, 209-212, 213, 213.1, 213.2, 214-217 and 219.
(C) New or amended Rules 103, 104, 208, 218, 301, 42, 401, 403 to
405, 53, 56, 407 to 409, 431, 432, 441 to 444, 463 to 476, 73, 503 to
518, 801 to 817.
(D) Deleted without replacement Regulation V--Orchard, Field or
Citrus Grove Heaters.
(E) Rules 702, 703, 704 (except those portions that pertain to the
criteria levels for carbon monoxide and sulfur dioxide), 705, 706, 707,
708, 709, 710, 711, 712, 713, 714, and 715.
(F) Previously approved on September 8, 1978 and now deleted without
replacement Rules 503 to 516, 518, and 801 to 817.
(v) Yolo-Solano APCD.
(A) Amended Rule 2.21.
(vi) South Coast Air Quality Management District.
(A) Amended Rule 461.
(B) Amended Rule 431.
(vii) Mariposa County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
203 (with the exception of (D)), 206(B), 207, 208, 211, 215, 216, 301,
302, 303, 304, 308, 319, 320, 321, 322, 324, 402, 404, 407, 507, 514,
600, 603, and 610.
(B) Previously approved and now deleted (without replacement) Rule
203(k).
(C) Previously approved on June 6, 1977 and now deleted without
replacement Rules 600, 603, and 610.
(viii) Sierra County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215,
216, 301, 302, 303, 308, 319, 320, 321, 322, 324, 402, 404, 407, 409,
507, 514, 516, 600 to 617.
(B) Previously approved and now deleted (without replacement) Rules
203(j) and 620.
(C) Previously approved on September 14, 1978 and now deleted
without replacement Rules 601 to 602, 604 to 609, and 611.
(D) Previously approved and now deleted, Rule 102.
(ix) Plumas County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
203 (with the exception of (D) and (G)), 206(B), 207, 208, 211, 215,
216, 301, 302, 303, 304, 307, 308, 319, 320, 321, 322, 324, 402, 404,
407, 409, 507, 514, 602 to 605, 700, 703, and 710.
(B) Previously approved on September 14, 1978 and now deleted
without replacement Rules 602 to 605, 700, and 710.
(C) Previously approved and now deleted, Rule 102.
(x) Nevada County APCD.
(A) New or amended Rules 102(B), 102(E), 102(S), 102(II), 102(SS),
103, 104, 203(e and i), 206(B), 207, 216, 304, 319, 320, 321, 402, 407,
409, 507, 514, 700, 703(E and I), 704, 710 and 711(A).
(B) Previously approved on September 14, 1978 and now deleted
without replacement Rules 704, 710, and 711(A).
[[Page 148]]
(C) Previously approved and now deleted, Rule 102.
(40) [Reserved]
(41) Revised regulations for the following APCD's submitted on
October 13, 1977, by the Governor's designee.
(i) Kings County APCD.
(A) New or amended Rules 412 and 412.2.
(ii) San Diego County Air Pollution Control District.
(A) New or amended Rules 2(b), 2(t), 2(u), 2(v), 2(w), 3, 19.2, 40,
42, 50, 52, 53, 54, 61.5, 64, 65, 66, 68, 71, 76, 77, 85, 95, 96,
101(f), 102(d), 102(e), 103(d), 103(g), 104, 109, and 177.
(1) Rule 65 is now removed without replacement as of March 14, 1989.
(B) Previously approved and now deleted (without replacement) Rule
113.
(C) Regulation VIII, Rules 126-138 and Appendix A, except as these
rules apply to the 12-hour carbon monoxide episode criteria specified in
Rule 127.
(D) Previously approved on August 31, 1978 and now deleted without
replacement Rules 77, 85, and 96.
(E) Previously approved on August 31, 1978 and now deleted without
replacement Rule 3.
(iii) Bay Area APCD.
(A) New or amended rules: Regulation 1, section 3121 and Regulation
2, sections 3210.5 to 3210.11.
(iv) Ventura County APCD.
(A) New Rule 105.
(v) Kern County APCD.
(A) Rule 108.
(vi) San Luis Obispo County APCD.
(A) New Rule 113.
(vii) Monterey Bay Unified APCD.
(A) New Rules 215, 422.
(viii) Amador County APCD.
(A) New or amended Rules 102(C), 102(F), 102(AW), 103, 205(A)(1),
207, 212, 216, 302(A), 304, 305(C), 313(A), 507, 602.1, 604, 605, 701,
703(E) and 710.
(ix) Calaveras County APCD.
(A) New or amended Rules 102, 203 (with the exception of (D) and
(G)), 206(B), 207, 208, 209, 211, 215, 216, 217, 301, 302, 303, 304,
319, 320, 321, 322, 323, 324, 402, 404, 407, 507, 602 to 604, 700, 702,
703, 710, and 715.
(B) Previously approved and now deleted (without replacement) Rule
203(J).
(C) Previously approved on November 7, 1978 and now deleted without
replacement Rules 700, 702, 703, 710, 715.
(x) Placer County APCD.
(A) New or amended Rules 101, 102, 103, 104, 203 (with the exception
of (G)), 206, 207, 208, 210, 211, 213, 214, 301 to 311, 313 to 322, 401,
402, 404, 407, 408, 409, 507, 603 to 605, 702 to 704, 706, 708, 709,
710, 715, 801 to 804.
(B) Previously approved on November 15, 1978 and now deleted without
replacement Rules 703, 704, 708 to 710, and 715 (Mountain Counties Air
Basin).
(C) Previously approved on November 15, 1978 and now deleted without
replacement Rules 603 to 605, 702 to 704, 706, 708 to 710, and 715 (Lake
Tahoe Air Basin).
(xi) Tulare County APCD.
(A) New or amended Rules 108 and 412.1
(xii) Shasta County APCD.
(A) New or amended Rules 1:2 (with the exception of the definition
of ``person''); 2:6(1)(a), (1)(b), (i-ii), (1)(b)(iii), (a, b, and d),
(1)(b), (iv-vii), (1)(c), (i-vi and viii), (1) (d and e), (2) (a-d and
f), (3) (a-c and e-g), (4) (a-c and e-i), (5) (b-d); 2:7, 2:8; 3:2
(except part VI and VII of table II, and explanatory notes 6 and 7);
3:4, 4:1, 4:5, 4:6, 4:14, and 4:19.
(B) Previously approved on November 14, 1978 and now deleted without
replacement Rules 4.5 and 4.6.
(xiii) Madera County APCD.
(A) Amended Rule 412.1.
(xiv) South Coast Air Quality Management District.
(A) New or amended Rules 101 and 102 (except for the definition of
``agricultural burning'').
(xv) Northern Sonoma County APCD.
(A) New or amended Rules 420(e) and (f), and 455(a) and (d).
(42) Revised regulations for the following APCD's submitted on
November 4, 1977 by the Governor's designee.
(i) Imperial County APCD.
(A) New or amended Rules 100 to 110, 113 to 115, 301 to 303, 305,
401, 403 to 406, 408, 409, 411 to 416, 419 to 422, 501 to 516, and 701
to 706.
(B) Previously approved and now deleted (without replacement), Rules
106B, 113, 126, 131 and 147.
(C) Rules 601, 602 (except those portions that pertain to the
criteria levels
[[Page 149]]
for carbon monoxide and sulfur dioxide), 603, 604, 605, 606, 607, 608,
609, 610, 611, 612, 613, and 614.
(D) New Rule 417 (A-H, and J).
(E) Previously approved on August 11, 1978 and now deleted without
replacement Rules 501 to 512 and 514 to 516.
(ii) Sacramento County APCD.
(A) Rules 3, 7(a) to 7(b)(2), 7b(4) to 7(d), 9, 11, 12, 13, 14, 15,
21, 22a, 23, 24, 25, 26, 94, 95, 96, 97, and 98.
(B) Rules 120, 121, 122, 125, and 126, except those portions that
pertain to the 12-hour CO criteria level.
(iii) Kings County APCD.
(A) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110,
111, 112, 113, 401, 402(a) to 402(d), 402(f), 402(g), 404, 404.1, 405,
405.1, 405.2, 405.3, 406, 407.1, 409, 410, 416.1, 417, 417.1, 418, 421,
and 501.
(B) Previously approved and now deleted, Rule 405.1.
(C) Previously approved on August 4, 1978 and now deleted without
replacement Rules 105 and 501.
(iv) Stanislaus County APCD.
(A) New or amended Rules 103.1, 108, 411.1.
(v) Merced County APCD.
(A) Amended Rules 411(b) and 411.1.
(vi) Kern County APCD.
(A) Rule 412.1.
(vii) San Luis Obispo County APCD.
(A) New or amended Rules 105(A)(1), 407, 501(A)(7), 502(A)(3).
(viii) Glenn County APCD.
(A) New or amended Rules 82, 152, and 154.
(ix) Great Basin Unified APCD.
(A) New or amended Rules 300, 423, and 617.
(B) Previously approved and now deleted (without replacement) Rules
411 and 418.
(x) El Dorado County APCD.
(A) New or amended Rules 102, 201, 203 [with the exception of (G)],
206(B), 207, 208, 215, 216, 217, 217-49 to 217-50, 217-51(A to D), 217-
53 to 217-56, 217-1 to 217-3, 302, 303, 304, 307, 308, 319, 320, 321,
322, 324, 402, 407, 409, 507, 700, 703 and 710.
(xi) Fresno County APCD.
(A) New or amended Rules 411.1 and 416.1(g).
(xii) San Joaquin County APCD.
(A) New or amended Rules 108 and 411.2.
(xiii) San Bernardino County Desert APCD.
(A) New or amended Rules 101, 102, 103, 105, 404, 405, 406(a), 444,
461, 462, 463, 471, 474, 501, 502 and 509.
(B) Previously approved and now deleted without replacement Rules 44
and 53.1.
(C) Rules 701, 702, 712, and 715.
(D) Previously approved on December 21, 1978 and now deleted without
replacement Rules 501, 502, and 509.
(xiv) Riverside County APCD.
(A) New or amended Rules 101, 102, 105, 461, and 501.
(B) Rule 701.
(C) Previously approved on December 21, 1978 and now deleted without
replacement Rule 501.
(xv) Del Norte County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to regulation 1.
(xvi) South Coast Air Quality Management District.
(A) New or amended Rules 218, 463, and 466.
(B) Rules 702 (map only) and 708.2.
(C) Rules 714 and 715.1 (except those portions that pertain to
sulfate, oxidant in combination with sulfate, and oxidant in combination
with sulfur dioxide).
(xvii) Humboldt County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to Regulation 1.
(xviii) Santa Barbara County APCD.
(A) New Rule 39.3.
(xix) Mendocino County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to Regulation 1.
(xx) Trinity County APCD.
(A) New or amended Rules 240(e), 420 (e) and (f), and 455 (a) and
(d), and Appendix D to Regulation 1.
(xxi) Northern Sonoma County APCD.
(A) New or amended Rules 240(e), 310, and Appendix D to Regulation
1.
(xxii) Monterey Bay Unified APCD.
(A) Regulation VII, Rules 700-713.
(43) [Reserved]
(44) Revised regulations for the following APCD's submitted on June
22, 1978, by the Governor's designee.
(i) Great Basin Unified APCD.
(A) Amended Rule 419.
[[Page 150]]
(ii) Santa Barbara County APCD.
(A) New Rule 24.15.
(iii) Ventura County APCD.
(A) New or amended Rules 2, 7, and 56 (with the exception of
Sections B(2)(c) and C).
(iv) Yolo-Solano APCD.
(A) Amended Rules 1.2 (preamble), 1.4, 2.8(c)(2), 2.13(h)(4), 2.15,
2.17, 2.20, 4.4(b), 5.1, 5.4(e)(1), 5.10, 5.11, and 6.7(f).
(B) Previously approved and now deleted (without replacement) Rule
2.8(b)(4).
(C) Previously approved on January 29, 1979 and now deleted without
replacement Rules 5.1, 5.10 and 5.11.
(v) South Coast Air Quality Management District.
(A) Rules 102, 501.1, and 503.
(B) Previously approved on March 28, 1979, and now deleted without
replacement Rule 503.
(vi) San Diego County APCD.
(A) New or amended Rules 66, 67.0, and 67.1.
(45) Revised regulations for the following APCD's submitted on July
13, 1978 by the Governor's designee.
(i) Bay Area APCD.
(A) New or amended Regulation 2, Division 3, sections 3210.11(B),
3211.2; Regulation 3, Division 3, Sec. 3102.1; Regulation 9.
(ii) South Coast AQMD.
(A) Rules 302, 461, 465, 1102, and 1113.
(iii) San Diego County APCD.
(A) New or amended Rules 42, 76, and 97.
(B) Previously approved on July 30, 1979 and now deleted without
replacement Rules 76 and 97.
(46) The following Administrative Chapters of the California SIP,
submitted on December 29, 1978, by the Governor's designee.
(i) Chapter 2--Statewide Perspective.
(ii) Chapter 20--Compliance.
(iii) Chapter 23--Source Surveillance.
(iv) Chapter 24--Resources.
(v) Chapter 25--Intergovernmental Relations.
(47) Revised regulations for the following APCD's submitted on
January 2, 1979 by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rules 301, 303, 708.3, 1201-1206, 1209-1211,
1214, 1217, 1220-1221, 1223-1224 and 1231.
(B) New or amended Rules 462, 481, and 1104.
(C) Previously approved on May 9, 1980 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rules 1201-1205, 1209-1211, 1214, 1217, 1220-1221, and
1223-1224.
(D) Previously approved on May 9, 1980 and now deleted without
replacement for implementation in the South Coast Air Quality Management
District, Rule 1231. (JR)
(ii) Fresno County APCD.
(A) New or amended Rules 110, 416.1, and 519.
(B) New or amended Rule 409.1.
(iii) Kern County APCD.
(A) New or amended Rules 111, 301, and 519.
(B) Rule 412.
(iv) Lake County APCD.
(A) New or amended Rules 435, and 436, and Tables V and VI.
(v) Monterey Bay Unified APCD.
(A) Amended Rule 301.
(vi) Siskiyou County APCD.
(A) Amended Rule 4.3.
(vii) San Luis Obispo County APCD.
(A) Rule 407.
(B) New or amended Rule 201.
(48) Chapter 3--Legal Authority of the California SIP, submitted on
March 16, 1979, by the Governor's designee.
(49) Addendum to Chapter 23 of the California SIP submitted on March
29, 1979, by the Governor's designee.
(50) Revised regulations for the following APCD's submitted on May
7, 1979, by the Governor's designee.
(i) Del Norte County APCD.
(A) New or amended Rules 240, 410 (a) and (c), and 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(ii) Humboldt County APCD.
(A) New or amended Rules 240, 410 (a) and (c), 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(iii) Mendocino County APCD.
(A) New or amended Rules 240, 410, and 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(iv) Trinity County APCD.
[[Page 151]]
(A) New or amended Rules 240, 410 (a) and (c), and 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 615.
(v) Northern Sonoma County APCD.
(A) New or amended Rules 240, 300, 310, 320, 410 (a) and (c), 420,
540, 615.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rules 320 and 615.
(vi) Merced County APCD.
(A) New or amended Rule 409.1.
(B) New or amended Rule 519.
(vii) Modoc County APCD.
(A) New or amended Rules 1:2 w, 2:11, 2:15, 3:3 and 3:4.
(viii) Monterey Bay Unified APCD.
(A) Rules 403 and 602.
(ix) Ventura County APCD.
(A) New or amended Rules 71 and 71.3.
(B) New or amended Rule 11.
(x) San Diego County APCD.
(A) New or amended Rule 10(h) and deletion of Rule 43.
(51) Revised regulations for the following APCD's submitted May 23,
1979, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rules 305 and 503.
(B) Rules 410.1 and 424.
(C) Previously approved on August 11, 1980 and now deleted without
replacement Rule 503 (including Southeast Desert).
(ii) Monterey Bay Unified APCD.
(A) Rule 417.
(B) Rule 617.
(iii) Del Norte County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(iv) Humboldt County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(v) Mendocino County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(vi) Trinity County APCD.
(A) New or amended Rules 130, 300, 310, 320, 420, 540 and Regulation
1/Appendix D.
(B) Previously approved on October 31, 1980 and now deleted without
replacement Rule 320.
(vii) San Diego County APCD.
(A) Amended Rules 2(t), 61.5, and 61.7.
(B) New or amended Rules 19.2(d)(4), 50, 62(a), 66(P) and (W), 95,
and 98.
(C) New or amended Rule 11.
(D) Previously approved on September 28, 1981 and now deleted
without replacement Rules 95 and 98.
(viii) San Joaquin County APCD.
(A) New or amended Rule 409.1.
(B) New or amended Rules 110 (a), (b), and (d)-(i), 301, 303-311,
and 511.
(C) New or amended Rules 102, 108.2, 110(c), 302, 401, and 521.
(D) Previously approved on December 9, 1981 and now deleted without
replacement Rules 301, 303 to 311, and 511.
(E) Previously approved on June 18, 1982 and now deleted without
replacement Rule 302.
(ix) Stanislaus County APCD.
(A) New or amended Rule 409.1.
(B) New or amended Rule 110 (A), (B) and (D)-(I).
(C) New or amended Rules 110(c) and 519.
(D) Previously approved on June 18, 1982 and now deleted without
replacement Rule 519.
(x) Tulare County APCD.
(A) New or amended Rules 410.1 and 413.
(B) New or amended Rules 111 (a), (b), and (d)-(i), 402, and 417.
(C) New or amended Rules 108, 111(c), 201, 410 and 519.
(xi) Lake County APCD.
(A) New Rules 227.1, 254.1, and 660.
(xii) San Bernardino County Desert APCD.
(A) New Rules 480 and 501.1.
(B) New or amended Rules 442, 463, and 1113.
(C) Previously approved on January 27, 1981 and now deleted without
replacement Rule 501.1.
(xiii) Santa Barbara County APCD.
(A) New or amended Rules 101, 102, 103, 104, 201(A, B, D, E, F, and
G), 202, 203, 204, 205(A and B), 206, 207, 208, 209, 210, 211, 301, 302,
304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 317, 319, 322,
[[Page 152]]
324, 328, 401, 402, 403, 501, 502, 503, 504, 505, 505-A, 506, 507, 508,
509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 601, 602, 603,
604, 605, 606, 607, 608, 609, and 610.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rules 210 to 211, 501 to 504, 506 to 512, 514 to 516, and
518.
(xiv) El Dorado County APCD--Lake Tahoe Air Basin Portion.
(A) New or amended Rules 101, 102 (except LAER, stationary source,
modification definitions), 103, 104, 201-203, 206A-212, 217, 301-305,
307-310, 312-321, 404, 702-704, 706-710, and 801-804. Deleted Rules
59(g)(1), 102I, 102S, 102BB, 102FF, 102GG, 102LL, 102RR, 208, 214, 601,
602, and 700.
(B) Amended Rule 306.
Editorial Note: At 47 FR 27068, June 23, 1982, the following
paragraph (c)(51)(xiv)(B) was added to Sec. 52.220.
(B) New or amended Rules 102, LAER, stationary source, and
modifications; 213; and 214.
(xv) Placer County APCD--Mountain Counties Air Basin Portion.
(A) New or amended Rules 404, 602, and 603.
(B) Deletion of Rules 604 and 605.
(C) Previously approved on May 18, 1981 and now deleted without
replacement Rules 404, 602, and 603.
(xvi) Sacramento County APCD.
(A) Amended Rule 71.
(B) Previously approved on January 26, 1982 and now deleted without
replacement Rule 71.
(xvii) Shasta County APCD.
(A) Amended Rule 3.4.
(xviii) Sierra County APCD. (A) New or amended Rules 207, 210, 211,
218 and 618.
(xix) Tehama County APCD.
(A) Amended Rule 2.1 and previously approved and now deleted Rule
2.9 (Action on Applications).
(xx) Ventura County APCD.
(A) New or amended Rules 6, 8, 9, 13, 24, 40, 63, 75, 102, 103, 110,
111, 112, 113, 114, 120, 121, 123, 124, 125, 126, 127, and 130.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Rules 40, 110, 120 to 121, 123 to 126, and 130.
(52) Revised regulations for the following APCD's submitted October
15, 1979, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rule 302
(B) Rules 410.4, 410.5, and 414.2.
(C) Previously approved on August 21, 1981 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
414.2.
(ii) Imperial County APCD.
(A) Rules 415.1 and 424.
(B) New or amended Rules 101 L, 110, 201B, 301, 302, 304, 306, 401,
404, 406, 408, 410, 417 I, 418, 419, 422, Regulation VI, 701, 702, 703
(deletion), 705, and 706.
(iii) [Reserved]
(iv) Kings County APCD.
(A) New or amended Rules 210.1 (except paragraphs (3)(D) and
(5)(B)(8)), 210.2, 410.1, 410.2, 410.3, 410.5, 412.1, 413, 414.1, and
414.2.
(B) New or amended Rules 111 (A), (B), and (D)-(I), 301, 302, and
401.
(C) New or amended Rules 111(c), and 519.
(D) Previously approved on October 9, 1981 and now deleted without
replacement Rule 302.
(E) Previously approved on June 18, 1982 and now deleted without
replacement Rule 519.
(v) Madera County APCD.
(A) New or amended Rules 210.2, 410.1, 410.3, 410.5, 411, and 412.
(B) New or amended Rules 102, 103, 103.1, 104, 105, 108, 108.1, 110,
115, 210.3, 301, 305, 402(a)-(e), 409, 410, 416, 417, 418, 501, 504,
511, 601, 602, 603, 606-611, and 612.
(C) New or amended Rules 111(c) 402(f) and 519.
(vi) Merced County APCD.
(A) New or amended Rules 210.1 (except paragraphs (3)(D) and
(5)(B)(8)), 210.2, 409.5, and 411.
(B) New or amended Rules 109 (A), (B), and (D)-(I).
(C) New or amended Rule 109(c).
(vii) San Joaquin County APCD.
(A) New or amended Rules 209.1 (except paragraphs (B)(3) and
(D)(2)(b)), 209.2, 409.3, 410, 411.1, 413, 413.1, 413.2, and 413.3.
(B) New or amended Rule 209.3.
(C) New or amended Rule 209.4.
(viii) Stanislaus County APCD.
(A) New or amended Rules 209.2 and 411.
(ix) Tulare County APCD.
[[Page 153]]
(A) New or amended Rules 210.1 (except paragraphs (C)(4) and
(e)(2)(H)), 210.2 and 410.5.
(B) New or amended Rules 301 and 302.
(C) Previously approved on December 9, 1981 and now deleted without
replacement Rules 301 and 302.
(x) Lake County APCD.
(A) Amended Rule 433.
(xi) Amador County APCD.
(A) New or amended Rules 102, 103, 107, 203, 206B, 207, 209-211,
213, 215, 216, 301-313, 315-324, 401, 402, 404, 407, 409, Regulation VI,
700-704, 710, and 711.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rules 605, 700 to 704, and 710 to 711.
(xii) Nevada County APCD.
(A) New or amended Rules 207, 210, 211, 218, 306, 307, and 404.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rule 404.
(xiii) Placer County APCD--Mountain Counties Air Basin Portion.
(A) New or amended Rules 101, 102, 104, 201, 202, 207, 210, 211,
220-222, 301-310, and 312-323.
(B) New or amended Rules 215 and 219.
(C) Rule 508 (except paragraph (c)(3)(h)).
(D) New or amended Rules 501B, 502, 504, 506, 512, and 513.
(E) Previously approved and now deleted, Rule 104.
(xiv) Tuolumne County APCD.
(A) New or amended Rules 207, 210, 218, and 404.
(xv) Fresno County APCD.
(A) New or amended Rules 210.1 [except paragraphs (3)(D) and
(5)(B)(8)], 210.2, 409.5, 409, 409.3, 409.4, and 411.
(B) New or amended Rules 301, 302, and 305.
(C) Previously approved on December 9, 1981 and now deleted without
replacement Rule 305.
(xvi) Yuba County APCD.
(A) New or amended Rules 1, Section 1 (except Silviculture
Deletion), 1.1 (except PPM), 2.0-2.2, 2.4 except (a), 2.5-2.12, 2.15-
2.20, 2.22-2.24, 2.27, 2.30, Section 5 (Deletion), 5.0-5.3, 5.5-5.19,
6.1-6.7, 7, 7.1 and 8.1.
(B) New or amended Rules 2.3 and 2.4(a).
(xvii) San Diego County APCD.
(A) New or amended Rule 67.7 and 67.2.
(xviii) Shasta County APCD.
(A) New or amended Rules 1.1, 1.2, 2.11, 2.12, and 3.2 (except rows
(vi) and (vii)).
(B) Amended Rule 2:5.
(xix) Yolo--Solano APCD.
(A) New or amended Rules 4.1-4.3.
(B) New or amended Rules 301, 302, and 305.
(C) Previously approved on January 26, 1982 and now deleted without
replacement Rule 4.3.
(xx) Sacramento County APCD.
(A) New or amended Rule 1.
(xxi) Siskiyou County APCD.
(A) New or amended Rules 2.14-2.16.
(53) Revisions to air pollution emergency episode plans submitted on
February 14, 1980 by the Governor's designee.
(i) Bay Area Air Quality Management District Rules 100, 101, 300,
301, 302, 303, 304, 305, 400, 401, 402, 403, and 404.
(54) Revised regulations for the following APCD's submitted on
February 25, 1980, by the Governor's designee.
(i) Ventura County APCD.
(A) Rules 150, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, and
162.
(B) New or amended Rule 71.1.
(C) New or amended Rules 56, 80, 81, and deletion of Rules 17, 151,
163, and 164.
(ii) Monterey Bay Unified APCD.
(A) Rule 422 and deletion of Rule 508.
(B) Amended Rule 416.
(iii) San Luis Obispo County APCD.
(A) Rules 301, 302, 303, and 304.
(B) Previously approved on May 18, 1981 and now deleted without
replacement Rules 303 and 304.
(iv) Yolo--Solano APCD.
(A) Amended Rule 5.4.
(B) New or amended Rules 2.21, 2.21.1, 2.24 and 2.25.
(C) New or amended Rule 3.13.
(D) Previously approved on January 26, 1982 and now deleted without
replacement Rule 5.4.
(v) Sacramento County APCD.
(A) New or amended Rule 17.
(B) [Reserved]
(C) New or amended Rules 3.13, 3.4.1, and 3.4.2.
(vi) Sutter County APCD.
(A) New or amended Rules 1.4, 2.8.1 (Deletion), 2.17, and 2.82.
[[Page 154]]
(vii) Yuba County APCD.
(A) Amended Rule 2.26.
(viii) Butte County APCD.
(A) New Rule 2-12.e.
(B) Amended Rules 4.5A and 4.5B.
(ix) Tehama County APCD.
(A) Amended Rules 2.5A and 2.5B.
(x) Colusa County APCD.
(A) New or amended Rules 2.7 A and B.
(xi) Glenn County APCD.
(A) New or amended Rules 51.1 and 51.2.
(xii) Shasta County APCD.
(A) New or amended Rules 1:2 (Best Available Control Technology,
Stationary Source and Precursor) and 2:1 A.
(55) The following material for Imperial County was submitted on
October 11, 1979 by the Governor's designee.
(i) Summary of Plan Compliance with Clean Air Act Requirements.
(ii) Imperial County plan to attain National Ambient Air Quality
Standards for oxidants, October 31, 1978.
(iii) SIP Revision--Imperial County ARB Staff Report, No. 79-4-2.
(iv) ARB resolution 79-9, February 21, 1979.
(v) Copies of Board hearing testimony.
(56) Revised regulations for the following APCDs submitted on March
17, 1980, by the Governor's designee.
(i) Imperial County APCD.
(A) Rules 207 [except Subparagraph C.4.], 208, and 209.
(ii) Ventura County APCD.
(A) Amended Rule 26.3.
(B) New or amended Rules 10, 25, and 27.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 25.
(57) The North Central Coast Air Basin Strategy (Chapter 10 of the
comprehensive revisions to the State of California Implementation Plan
for the Attainment and Maintenance of Ambient Air Quality Standards)
submitted on September 12, 1979 by the Governor's designee.
(58) Revised regulations for the following APCDs submitted on
December 17, 1979 by the Governor's designee.
(i) Monterey Bay Unified APCD.
(A) Rules 418, 425 and 426.
(B) New or amended Rules 300, 405, and 601.
(ii) South Coast AQMD.
(A) New or amended Rules 1107, 1108, 1108.1 and 1128.
(B) New or amended Rules 404, 442, 501.1, 502, 504.1(b), (c), and
(d), and 1124.
(C) Previously approved on September 28, 1981 and now deleted
without replacement Rule 501.1.
(iii) Great Basin Unified APCD.
(A) New or amended Rules 205, 210, 300A, and G, 403, 408, 419, and
617.
(B) New or amended Rules 203, 209-A and B, 212, and 213.
(iv) Ventura County APCD.
(A) New or amended Rule 74.3.
(v) Butte County APCD.
(A) New or amended Rules 2.12a, 2.12b, 2.12c, and 2.12d.
(vi) Shasta County APCD.
(A) New or amended Rules 1.2, 3.14, and 3.15.
(vii) Yolo--Solano APCD.
(A) Amended Rules 2.8 and 6.6.
(viii) San Luis Obispo County APCD.
(A) New or amended Rule 407.
(ix) Modoc County APCD.
(A) New or amended Rule 2:8-e.
(59) Revised regulations for the following APCD submitted on March
4, 1980 by the Governor's designee.
(i) Monterey Bay Unified APCD.
(A) Rules 207 (except B.4.) and 208.
(B) New or amended Rules 205, 211, 212, 213, and 214.
(60) Chapter 4, California Air Quality Control Strategies, of the
California SIP, submitted on May 23, 1979, by the Governor's designee.
(61) Redesignation of AQCR's in California, submitted on September
11, 1978, by the Governor's designee.
(62) The San Diego Air Basin Control Strategy (Chapter 14 of the
Comprehensive Revisions to the State of California Implementation Plan
for the Attainment and Maintenance of Ambient Air Quality Standards)
submitted on July 5, 1979, by the Governor's designee, except the
inspection/maintenance portion. Additional documents were also submitted
as appendices. Those portions of the San Diego Air Basin Control
Strategy, including Appendices, identified by Table 14-1, ``Location of
Plan Elements Which Meet Clean Air Act Requirements'' (pages 6-
[[Page 155]]
7), comprise the submitted nonattainment area plan, except the
inspection/maintenance portion. The remaining portions are for
informational purposes only.
(63) The following portions of the California Environmental Quality
Act submitted on October 20, 1980, by the Governor's designee: Sections
21000; 21001; 21002; 21002.1; 21061; 21063; 21065; 21080.1; 21080.4;
21080.5 (a), (b), (c) and (d); 21081; 21082; 21100; 21104; 21151; 21153;
21160.
(64) Revised regulations for the following APCD submitted on
February 13, 1980, by the Governor's designee.
(i) San Diego County APCD.
(A) Rules 20.1, 20.2, 20.3, 20.4, 20.5 and 20.6.
(65) The following amendments to the South Coast Air Basin Control
Plan were submitted on July 25, 1979, by the Governor's designee.
(i) The South Coast Air Basin Control Strategy (Chapter 18 of the
Comprehensive Revision to the State of California Implementation Plan
for the Attainment and Maintenance of Ambient Air Quality Standards).
Those portions of the South Coast Air Basin Control Strategy identified
by Table 18-1, ``Location of Plan Elements Which Meet Clean Air Act
Requirements,'' together with Rules 1115 and 1126, comprise the
submitted nonattainment area plan control strategy. The remaining
portions are for informational purposes only.
(ii) New or amended Rules 218, 431, 431.1-431.3, 1120, 1206-1208,
1212, 1213, 1215, 1216, 1218, 1219, 1222, and 1225-1230.
(iii) Previously approved on September 28, 1981 and now deleted
without replacement for implementation in the Antelope Valley Air
Pollution Control District Rules 1206, 1208, 1212, 1213, 1215, 1216,
1218, 1219, 1222, and 1225-1230.
(66) Revised regulations for the following APCD's, submitted on
February 7, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 461.
(B) Amended Rule 466.
(ii) Bay Area AQMD.
(A) Regulation 8: Rule 1, 2 (except paragraph 301), 4, 7, 8, 9, 10,
11, 13, 14, 15, 16, 18 and 19.
(67) Revised regulations for the following APCD's, submitted on
April 2, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 1122.
(B) New or amended Rules 107, 709(c), 1111, 1121 and 1140.
(ii) Bay Area AQMD.
(A) New or amended Regulation 9, Rules 9-4-100, 9-4-101, 9-4-200 to
9-4-203, 9-4-300, 9-4-301, 9-4-303, and 9-4-400 to 9-4-404.
(iii) Kern County APCD.
(A) New or amended Rules 412.1(b)-(f).
(B) New Rule 411.1.
(C) Previously approved on July 8, 1982 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
411.1.
(iv) Sacramento County APCD.
(A) New or amended Rules 7, 24, 25, 28, 30, and 53.
(B) New or amended Rules 120, 121, and 122.
(68) Revised regulations for the South Coast AQMD, submitted on
April 3, 1980, by the Governor's designee.
(i) New or amended Rules 1301, 1303, 1304, 1305, 1306, 1307, 1310,
1311, and 1313.
(ii) Previously approved on January 21, 1981 and now deleted without
replacement Rule 1311.
(69) Revised regulations for the South Coast AQMD submitted on April
23, 1980, by the Governor's designee.
(i) New or amended Rules 464, 465, 1123, and 1125.
(ii) New or amended Rules 301, 405, 431.2(c)(5), 701, 702 (a), (d),
(e), (f), (h) and (i), 703-706, 708.3(a), (b)(8)-(b)(10), 708.4(g) and
(h), 709(a), 710(a) and (b)(4), 711(a)(1), (a)(4), (b)(1) and (b)(4),
and 713-715.
(iii) New Rule 1103.
(iv) California Health and Safety Code, Sections 41950 to 41962,
94000 to 94004; and Stationary Source Test Methods--Volume 2:
Certification and Test Procedures for Gasoline Vapor Recovery Systems
submitted on April 23, 1980.
(v) Previously approved on July 8, 1982 in paragraph (c)(69)(iii) of
this section and now deleted without replacement for implementation in
the Antelope Valley Air Pollution Control District Rule 1103.
(70) Revised regulations for the following APCD's submitted on
August 15, 1980, by the Governor's designee.
(i) South Coast AQMD.
[[Page 156]]
(A) New or amended Rules 1302 and 1308.
(B) New or amended Rule 1101.
(C) New or amended Rules 702(b), 707, 708, 708.3 (a)(2) and (c),
708.4 (a) and (b), 709(e), 710 (b)(1)(D), (b)(2)(D), (b)(3)(B), and
(c)(3)(B), 711 (a)(1)(E), (a)(2)(D), (a)(3)(B), (a)(4)(F), (b)(3)(B),
and (b)(4)(f), and 1102.
(D) Amended Rule 401 (except subparagraph 401(b)).
(ii) San Diego County APCD.
(A) New or amended Rules 2 (z) and (aa), 40, and 10 (f) and (i).
(iii) Shasta County APCD.
(A) Amended Rule 3.3.
(iv) El Dorado County APCD (Mountain Counties and Lake Tahoe Air
Basin).
(A) New or amended Rules 601-613.
(71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16
of the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards) submitted on October 11, 1979, by the Governor's designee.
Those portions of the San Joaquin Valley Air Basin Control Strategy
identified by Tables 16-1a, 1b and 1c (Summary of Plan Compliance with
Clean Air Act Requirements) except which pertain to Fresno County and
the sixtransportation control measures for Stanislaus County, comprise
the submitted plan. The remaining portions are for informational
purposes only. The following rules were also submitted on October 11,
1979 as part of the enforceable plan:
Editorial Note: At 47 FR 28620, July 1, 1982, the following
introductory text to paragraph (c)(71) was added to Sec. 52.220.
(71) The San Joaquin Valley Air Basin Control Strategy (Chapter 16
of the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards) submitted on October 11, 1979, by the Governor's designee.
Those portions of the San Joaquin Valley Air Basin Control Strategy
identified by Tables 16-1a, 1b and 1c (Summary of Plan Compliance with
the Clean Air Act Requirements) comprise the submitted plan. The
remaining portions are for informational purposes only.
(i) Kings County APCD.
(A) New or amended Rules 411 and 413.3.
(ii) Madera County APCD.
(A) New or amended Rule 210.1 (except paragraphs (3)(D) and
(5)(B)(8)).
(iii) Merced County APCD.
(A) New or amended Rules 409.3 and 410.
(iv) Tulare County APCD.
(A) New or amended Rule 410.3.
(72) The San Francisco Bay Area Basin Control Strategy (Chapter 15
of the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards) including appendices, submitted on July 25, 1979, by the
Governor's designee.
(73) Revised regulations for the following APCD's submitted on
January 14, 1980, by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 2: Rule 1: 2-1-200, 2-1-300, 2-1-307, and 2-1-400,
Rule 2: 2-2-100, 2-2-200, 2-2-209, 2-2-210, 2-2-300, and 2-2-400; Rule
3: 2-3-100, 2-3-101, 2-3-200, 2-3-201, 2-3-300, 2-3-301, 2-3-302, 2-3-
401, 2-3-401.1 to 2-3-401.3, 2-3-402, 2-3-403, 2-3-404, and 2-3-405.
(B) New or amended Regulation 2, Rule 1: 2-1-100 to 2-1-102, 2-1-
111, 2-1-112, and 2-1-408.
(74) Revised regulations for the following APCD's submitted on
December 24, 1979, by the Governor's designee.
(i) Imperial County APCD.
(A) New or amended Rules 111, 413, 414, 416, 416 (deletion), and
517.
(B) Previously approved on January 27, 1981 and now deleted without
replacement Rule 517.
(ii) Santa Barbara County.
(A) Rule 316.
(iii) Ventura County APCD.
(A) New Rule 70 (except paragraph E).
(75) Revised regulations for the Kern County APCD, submitted on
January 8, 1980, by the Governor's designee.
(i) Rules 210.2, 410.3, 411, 414, 414.1, and 414.3.
(ii) New or amended Rule 424(F).
(iii) Previously approved on August 21, 1981 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
414.3.
(76) Revised regulations for the following APCD's, submitted on
April 15, 1980, by the Governor's designee.
[[Page 157]]
(i) Kern County APCD.
(A) Amended Rule 210.1
(77) The following amendments to the plan were submitted on October
18, 1979, by the Governor.
(i) San Luis Obispo County APCD.
(A) New or amended Rules 415, 416, 420, and 422.
(ii) The South Central Coast Air Basin Control Strategy [Chapter 17
of the Comprehensive Revision to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards]. Those portions of the South Central Coast Air Basin Control
Strategy identified by Tables 17-1 and 17-2 ``Location of Plan Elements
Which Meet Clean Air Act Requirements'' together with the rules
identified below comprise the submitted nonattainment area plan. The
remaining portions are for informational purposes only.
(A) Santa Barbara County APCD Rules 320, 321, 323, 327, 329 to 332,
201.C and 205.C. (except subparagraph 5.b.8.).
(B) Ventura County APCD Rules 26 (except 26.2, 26.3 and 26.4), 74.4,
74.7, and 74.8.
(78) Revised regulations for the following APCD submitted on
November 19, 1979, by the Governor's designee.
(i) South Coast AQMD.
(A) Deletion of Rules 67 and 72.
(ii) California Lead SIP.
(79) Revised regulations for the following APCD's submitted on June
2, 1980, by the Governor's designee.
(i) Monterey Bay Unified APCD.
(A) Rule 427.
(ii) Bay Area AQMD.
(A) New or amended Regulation 1, Rules 1-100 to 1-111, 1-114, 1-200
to 1-205, 1-207 to 217, 1-219 to 1-232, 1-400 to 1-402, 1-410 to 1-412,
1-420, 1-430 to 1-434, 1-440, 1-441, 1-500 to 1-502, 1-510, 1-521, 1-
530, 1-540, 1-541, 1-543, 1-544; Regulation 5, Rules 5-100, 5-101, 5-
110, 5-111, 5-200 to 5-207, 5-300, 5-301, 5-400 to 5-404; Regulation 6,
Rules 6-100, 6-101, 6-200 to 6-204, 6-300 to 6-304, 6-310, 6-312,6-320,
6-330, 6-400, 6-401, 6-500 to 6-502; Regulation 11, Rules 11-1-100 to
11-1-102, 11-1-300 to 11-1-303; Regulation 12, Rules 12-2-100, 12-2-101,
12-2-200, 12-2-201, 12-2-300, 12-2-301, 12-2-500, 12-2-501, 12-3-100,
12-3-101, 12-3-300, 12-3-301, 12-3-500, 12-3-501-12-4-100 to 12-4-102,
12-4-200 to 12-4-212, and 12-4-300 to 12-4-307.
(B) New or amended Regulation 1: 1-206, 1-520, 1-542, and 1-600 to
1-604; Regulation 6: 6-305, 6-311, 6-600, and 6-601; and Regulation 11:
11-1-500, 11-1-501, and 11-1-600 to 11-1-603.
(iii) Ventura County APCD.
(A) New or amended Rule 2.
(B) New or amended Rule 59.
(iv) South Coast AQMD.
(A) Deletion of Rule 471.
(B) New Rule 466.1.
(v) San Diego County APCD.
(A) New or amended Rules 1, 2 (a), (b), (t), (v), (u), (x), and (y),
14, 17, 67.0, and 67.1.
(vi) Shasta County APCD.
(A) New Rule 3.17.
(80) The following amendments to the plan were submitted on August
21, 1979 by the Governor's designee.
(i) Revised regulations for Placer County APCD--Lake Tahoe Air Basin
Portion.
(A) New or amended Rules 101-104, 201-204, 206-211, 215, 217, 301-
308, and 310-319.
(B) New Rule 507.
Editorial Note: At 47 FR 27068, June 23, 1982, the following
paragraph (c)(80)(i)(B) was added to Sec. 52.220.
(B) New or amended Rules 212, 213, 508 (except Paragraph
(1)(C)(3)(h), and 514.
(C) New or amended Rules 502-506 and 511-513.
(D) Previously approved and now deleted, Rule 104.
(ii) Chapter 8, Lake Tahoe Basin Control Strategy, including Support
Documents and Appendices. The Transportation Improvement Program and
Regional Transportation Plan are for informational purposes only.
(81) Revised regulations for the following APCD, submitted on
February 11, 1980 by the Governor's designee.
(i) El Dorado County APCD--Lake Tahoe Air Basin Portion.
(A) New or amended Rules 507, 511-515, and 519-528.
(B) New or amended Rules 501 to 506, 508 to 510, and 516 to 518.
(82) [Reserved]
(i) Ventura County APCD.
(A) New or amended Rule 74.6.
(83)(i)(A) [Reserved]
(B) New Rules 22, 23, and 27.
(C) New or amended Regulation 8: Rule 21.
(ii) Kings County APCD.
[[Page 158]]
(A) New or amended Rule 414.
(iii) [Reserved]
(A) Rule 410.
(B) New or amended Rules 411.1 and 416.1.
(84) Revised regulations for the following APCDs submitted on
October 10, 1980, by the Governor's designee.
(i) Madera County APCD.
(A) New or amended Rule 410.4.
(ii) Merced County APCD.
(A) New or amended Rule 409.4.
(iii) Kings County APCD.
(A) New or amended Rule 410.4.
(iv) San Joaquin County APCD.
(A) New or amended Rule 409.4.
(v) Stanislaus County APCD.
(A) New or amended Rule 409.4.
(vi) Tulare County APCD.
(A) New or amended Rule 410.4.
(vii) Modoc County APCD.
(A) Amended Rule 3:12.
(85) Revised regulations for the following APCDs submitted on
December 15, 1980, by the Governor's designee.
(i) Tulare County APCD.
(A) New or amended Rule 412.
(B) New or amended Rule 412.1.
(C) New or amended Rules 201 and 417.1.
(ii) Madera County APCD.
(A) New or amended Rule 412.1
(B) New or amended Rules 201, 202, 301, and 417.1.
(iii) Sacramento County APCD.
(A) New or amended Rule 13.
(iv) San Diego County APCD.
(A) New or amended Rules 61.0, 61.0 (n) and (o), 61.1, 61.1(a)(1)
(i) and (h), 61.2, 61.2(a), 61.3 and 61.4
(v) San Bernardino County APCD, Southeast Desert Air Basin portion.
(A) New or amended Rules 461 and 462.
(vi) Tehama County APCD.
(A) New or amended Rules 1.2, 1.3, 2.7, 2.8, 2.9, 3.1, 3.2, 3.3-
3.14, 4.1, 4.2, 4.6, and 4.7.
(B) Previously approved and now deleted Rule 2.8 (Further
Information).
(vii) Santa Barbara County APCD.
(A) New or amended Rule 210.
(viii) South Coast AQMD.
(A) New Rule 1130.
(ix) Kings County APCD.
(A) New or amended Rule 417.1.
(x) Kern County APCD.
(A) New or Amended Rules 110 and 417.1.
(86) Revised regulations for the following APCD's submitted on July
10, 1980 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 8: Rule 2 (Paragraph 301).
(B) New Rules 17 (paragraphs 112, 302, 400, and 401) and 26.
(C) New or amended Regulations, Rules 1-206, 1-218, 6-311, 9-1-100,
9-1-101, 9-1-110 9-1-200 to 9-1-204, 9-1-300 to 9-1-308, 9-1-310, 9-1-
311, 9-1-400 to 9-1-404, 9-1-500 to 9-1-502, and 9-4-302.
(D) New or amended Rule 1-541 and Regulation 9, Rules 9-1-600 to 9-
1-605.
(ii) Butte County APCD.
(A) Amended Rule 4.9.
(87) Revised regulations for the following APCD's submitted on
September 5, 1980 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 8: Rule 5, Rule 6, and Rule 12.
(B) New Rules 25 and 28 (except section 401).
(ii) San Diego County APCD.
(A) New or amended Rule 19.
(iii) San Joaquin County APCD.
(A) New or amended Rule 411.2.
(B) New or amended Rules 202 and 416.1.
(iv) San Bernardino County APCD, Southeast Desert Air Basin portion.
(A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307,
1308, 1310, 1311, and 1313.
(v) Los Angeles County APCD, Southeast Desert Air Basin portion.
(A) New or amended Rules 1301, 1302, 1303, 1304, 1305, 1306, 1307,
1308, 1310, 1311, and 1313.
(vi) Sacramento County APCD.
(A) New or amended Rules 74, 90, 92, 93, 94, 95, 96, 98, and
Regulation VII.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Rule 74.
(vii) Ventura County APCD.
(A) New or amended Rules 2 and 55.
(viii) Shasta County APCD.
(A) New Rule 2:6.
(88) Revised regulations for the following APCDs submitted on July
25, 1980, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 209.1 (except paragraphs (3)(E) and
(5)(B)(8)).
(B) New or amended Rules 103 and 305.
[[Page 159]]
(C) New or amended Rules 202 and 416.1.
(D) Previously approved on December 9, 1981 and now deleted without
replacement Rule 305.
(ii) Bay Area AQMD.
(A) New or amended Regulation 3, Rules 3-100 to 3-103, 3-200 to 3-
206, 3-208 to 3-211, 3-300 to 3-311, and 3-400 to 3-408.
(iii) South Coast AQMD.
(A) New or amended Rule 1119.
(B) Amended Rule 462.
(iv) [Reserved]
(v) Merced County APCD.
(A) New or amended Rule 411.1.
(B) New or amended Rules 202 and 416.1.
(89) Revised regulations for the following APCDs submitted on March
30, 1981, by the Governor's designee.
(i) Kings County APCD.
(A) New or amended Rule 411.
(ii) Yolo-Solano County APCD.
(A) New or amended Rule 2.13(h)(6).
(iii) Yuba County APCD.
(A) Amended Rules 3.8, 3.12, and 3.15.
(iv) Imperial County APCD.
(A) New Rule 418.1.
(v) Monterey Bay Unified APCD.
(A) New Rule 425.
(vi) Lake County APCD.
(A) New or amended Sections 101, 227.4, 301, 1602, and Table VI.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rule 301 and Table VI.
(vii) South Coast AQMD.
(A) Amended Rule 1102.1.
(90) The following amendments to the plan were submitted on December
31, 1979, by the Governor's designee.
(i) Chapter 22--Air Quality Monitoring by State and Local Air
Monitoring Stations (SLAMS).
(91) The following amendments to the plan were submitted on November
13, 1979, by the Governor's designee.
(i) The Sacramento Valley Air Basin Control Strategy (Chapter 13 of
the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards): those portions pertaining to the Sacramento Metropolitan
Area including the following rules:
(A) Placer County APCD (Mountain Counties Air Basin portion) Rules
212, 217, and 218.
(B) Sacramento County APCD Rules 6, 11, 12, 16, 19, and 56 (except
paragraph (5)(a)(8)).
(C) Yolo-Solano County APCD Rules 2.14 and 3.4 [except paragraph
(5)(a)(8)].
(ii) The Sacramento Valley Air Basin Control Strategy [Chapter 13 of
the Comprehensive Revisions to the State of California Implementation
Plan for the Attainment and Maintenance of Ambient Air Quality
Standards]: those portions pertaining to Butte, Yuba, and Sutter
Counties, including the following rules:
(A) Butte County APCD Rules 2.12f and 4-5.
(92) Revised regulations for the following APCDs submitted on May
28, 1981, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 409.5.
(ii) Placer County (Mountain Counties Air Basin portion).
(A) New or amended Rules 213, 216, and 223.
(B) New or amended Rules 102, 203, 211, 301, 305, 306, 324, 325,
601, and 702.
(C) Rule 214.
(D) Previously approved and now deleted without replacement Rules
601 and 702.
(iii) Lake County APCD.
(A) New Rule 216.1.
(iv) Great Basin Unified APCD.
(A) New or amended Rules 101, 300, 404-A, 423, and 424.
(v) San Diego County APCD.
(A) New or amended Rules 127, 130, 131, 132, and 134.
(B) New or amended Rule 21.
(vi) South Coast AQMD.
(A) New or amended Rule 1113.
(93) Revised regulations for the following APCDs submitted on June
22, 1981, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 409.3.
(B) New or amended Rule 409.8.
(ii)(A) [Reserved]
(B) New Rule 28, Section 401.
(C) New or amended Regulation 5, Rule 5-401.3.
(iii) Plumas County APCD.
(A) New or amended Rules 203, 301-319, 512-516, 703, and 710.
(B) New or amended Rules 501-511 and 517-521.
(iv) Sierra County APCD.
(A) New or amended Rules 203, 301-319, 512-516, 522, 523, 703, and
710.
[[Page 160]]
(B) New or amended Rules 501-511 and 517-521.
(C) Previously approved on April 23, 1982 and now deleted without
replacement Rule 522.
(v) Kern County APCD.
(A) New or amended Rule 410.6.
(vi) El Dorado County APCD (Mountain Counties Air Basin Portion).
(A) Rules 318, 319, and 320.
(94) Revised regulations for the following APCD's submitted on
October 7, 1980, by the Governor's designee.
(i) Stanislaus County APCD.
(A) New or amended Rule 411.1.
(ii) [Reserved]
(iii) San Bernardino County APCD.
(A) New or amended Rules 701, 704, 705, 707-711, and 712. Previously
approved Rule 707, ``Plans'', submitted on June 6, 1977 is retained.
(95) Revised regulations for the following APCD's submitted on March
23, 1981, by the Governor's designee.
(i) Kern County APCD.
(A) New or amended Rule 412.1(a).
(B) Amended Rule 412.1.
(C) New or amended Rules 202, 202.1, and 426.
(ii) Ventura County APCD.
(A) Amended Rule 26.2.
(B) New or amended Rules 21, 29, 30, and 64.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 21.
(iii) Northern Sonoma County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
and 320.
(iv) South Coast AQMD.
(A) Amended Rule 461.
(v) Stanislaus County APCD.
(A) New Rule 409.7.
(B) New or amended Rule 301.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 301.
(vi) Humboldt County APCD.
(A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
(96) Revised regulations for the following APCDs submitted on
November 3, 1980, by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 1113.
(ii) Butte County APCD.
(A) New or amended Rules 1-8, 1-8.1, 1-10, 1-13, 1-14, 3-1, 3-2, 3-
6, 3-11, 3-11.2, 3-11.3, 3-12, 3-12.1, 3-12.2, 3-14, 3-15, 3-16, and 3-
16.1.
(iii) Glenn County APCD.
(A) New or amended Rules 2 (a,i,v, and aa), 3, 11, 11.1, 11.2, 13,
13.1, 14, 14.1, 14.2, 14.3, 15, 16, 19, 21, 21.1, 22, 75, 81, 83, 83.1,
83.2, 96, 110, and 112.
(B) Previously approved on January 26, 1982 and now deleted without
replacement Rules 110 and 112.
(iv) Yolo-Solano APCD.
(A) New or amended Rules 1.2 (a and g), 6.1 and 6.3.
(v) Bay Area AQMD.
(A) New Rule 20.
(97) Revised regulations for the following APCDs submitted on June
24, 1980, by the Governor's designee.
(i) Sacramento County APCD.
(A) New or amended Rule 18.
(98) Revised regulations for the following APCDs, submitted on
January 28, 1981, by the Governor's designee.
(i) Sutter County APCD.
(A) Amended Rules 3.8, 3.14, and 3.15.
(B) New or amended Rules 1.0-1.3, 2.1-2.12, 2.15, 2.16, 3.0-3.7,
3.9, 3.10, 3.12, 3.13, 4.0-4.5, 4.7-4.10, 4.12-4.15, 5.0-5.19, 6.0-6.7,
7.0, 7.1, 7.2, 8.0, 8.1, 8.2, 9.0-9.7, and 9.8.
(C) Previously approved and now deleted Rules 2.1 (Control of
Emissions), 2.7 (Wet Plumes), 2.15 (Fuel Burning Equipment), 2.20
(Payment of Order Charging Costs), 3.7 (Information), 4.5 (Standards for
Granting Applications), 4.6 (Permits, Daily Limits, and 4.8 (Permit
Forms).
(D) Previously approved on April 12, 1982 and now deleted without
replacement Rules 5.0 to 5.17, 5.19, 6.0 to 6.7, and 7.0 to 7.2.
(ii) Siskiyou County APCD.
(A) New or amended agricultural burning regulations consisting of
``General Provisions'' and Articles I-VII.
(iii) Mendocino County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(iv) Del Norte County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(v) Humboldt County APCD.
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(vi) Trinity County APCD.
[[Page 161]]
(A) Amended Regulation 2, Rules 100, 120, 140, 200, 220, 240, 300,
320, Appendices A, B, and C.
(vii) El Dorado County APCD.
(A) New Rule 313.
(B) Rules 313, 314, 315, 316, and 317.
(viii) Ventura County APCD.
(A) New Rule 71.2.
(ix) Bay Area AQMD.
(A) New or amended Rules 1-112, 1-113, 1-115 and Regulation 9, Rule
9-3-202.
(x) South Coast AQMD.
(A) New or amended Rule 1115.
(xi) San Diego County APCD.
(99) Commitments by the Bay Area AQMD, Fresno County APCD, Kern
County APCD, Monterey Bay Unified APCD, Sacramento County APCD, San
Diego County APCD, Santa Barbara County APCD, South Coast AQMD, and
Ventura County APCD to carry out public notification programs as
required by section 127 of the Clean Air Act and in accordance with EPA
guidance. These commitments were submitted by the Air Resources Board on
January 22, 1981.
(100) Revised regulations for the following APCDs submitted on
October 25, 1979, by the Governor's designee.
(i) San Diego County APCD.
(A) New or amended Rules 67.3 and 67.5.
(101) Revised regulations for the following APCD's submitted on July
30, 1981 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 8, Rule 1 (Paragraph 202) and Rule 16 (paragraph
110).
(B) New or amended Regulation 2, Rule 2-2-114; Regulation 5, Rule 5-
401.13; and Manual of Procedures--Volume I to Volume VI.
(C) New or amended Regulation 8, Rule 24.
(ii) Kern County APCD.
(A) New or amended Rules 603, 609, 610, 611, and 613.
(B) New or amended Rules 108, 201, 301, 302, and 305.
(C) New or amended Rules 414 and 410.3.
(D) New or amended Rules 410.7, 412, and 414.4.
(E) Previously approved on July 6, 1982 and now deleted without
replacement Rule 305 (including Southeast Desert).
(F) Previously approved on October 11, 1983 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
414.4.
(102) Revised rules for the following APCDs submitted on July 14,
1981 by the Governor's designee.
(i) San Joaquin County.
(A) New Rules 409.5 and 409.6.
(ii) Stanislaus County.
(A) New Rule 409.6.
(B) New or amended Rules 409.7 and 409.8.
(iii) Merced County APCD.
(A) New or amended Rules 409.6.
(iv) South Coast AQMD.
(A) New or amended Rule 301.
(103) Revised rules for the following APCDs, submitted on October
23, 1981 by the Governor's designee.
(i) Kings County.
(A) Amended Rule 412.2.
(ii) San Diego County APCD.
(A) New or amended Rule 67.4 and 67.6.
(B) New or amended Rules 42, 64, 101-103, and 109.
(C) New Rule 67.8.
(D) Previously approved on July 6, 1982 and now deleted without
replacement Rule 42.
(iii) Santa Barbara County APCD.
(A) Rule 325.
(B) New or amended Rules 601-608 and 609.
(C) Previously approved and now deleted Rules 609 (Scientific
Committee) and 610 (Emergency Action Committee).
(iv) Ventura County APCD.
(A) Amended Rule 70(E).
(B) New or amended Rules 2, 12, 16, 23, 41, 42, and 74.2.
(C) New Rule 74.5.
(D) Amended Rule 74.9.
(E) Previously approved on June 18, 1982 and now deleted without
replacement Rule 42.
(v) Sacramento County APCD.
(A) Amended Rule 20.
(B) New or amended Rules 50, 70, and 14.
(C) New Rules 4A, 4B, 10 and 51.
(vi) Del Norte County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(vii) Humboldt County APCD.
[[Page 162]]
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(viii) Mendocino County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(ix) Northern Sonoma County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(x) Trinity County APCD.
(A) Amended Rules 300 and 310.
(B) Previously approved on April 13, 1982 and now deleted without
replacement Rules 300 and 310.
(xi) Great Basin Unified APCD.
(A) Amended Rule 301.
(xii) San Luis Obispo County APCD.
(A) New or amended Rules 301, 302, and 411.
(B) Previously approved on June 18, 1982 and now deleted without
replacement Rule 301.
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 301.
(xiii) El Dorado County APCD (Mountain Counties Air Basin).
(A) New or amended Rules 301-319, 501, 703, and 710.
(B) Previously approved on May 27, 1982 and now deleted without
replacement rule 501.
(xiv) Imperial County APCD.
(A) New or amended Rules 101, 301, 302, 305-307.
(B) Previously approved on May 27, 1982 and now deleted without
replacement Rule 305.
(xv) Shasta County APCD.
(A) Amended Rule 2:11.
(xvi) Monterey Bay Unified APCD.
(A) Amended Rules 301, 601, and 602.
(xvii) Tuolumne County APCD.
(A) New or amended Rules 203, 301-319, 501-521, 703, and 710.
(B) Previously approved on May 27, 1982 and now deleted without
replacement Rule 516.
(xviii) South Coast AQMD.
(A) New or amended Rules 504.1, 218, 219, 220, 409, and 502.
(B) Previously approved on July 6, 1982 and now deleted without
replacement Rule 504.1.
(104) Revised regulations for the following APCD's submitted on
November 5, 1981 by the Governor's designee.
(i) Bay Area AQMD.
(A) Regulation 2, Rule 1: 2-1-101, 2-1-102, 2-1-111, 2-1-112, 2-1-
201 to 2-1-205, 2-1-301 to 2-1-306, 2-1-401 to 2-1-410, and 2-1-420 to
2-1-423; Rule 2: 2-2-101 to 2-2-114, 2-2-201 to 2-2-208, 2-2-301 to 2-2-
306, 2-2-310, and 2-2-401 to 2-2-410.
(ii) South Coast AQMD.
(A) New or amended Rule 444.
(iii) Fresno County APCD.
(A) New or amended Rule 409.6.
(105) Schedule to study Nontraditional Total Suspended Particulate
Sources and commitment to implement control measures necessary to
provide for attainment, submitted on November 18, 1981 by the Governor's
designee.
(106) The Southeast Desert Air Basin Control Strategy for ozone
(Chapter 19 of the Comprehensive Revisions to the State of California
Implementation Plan for the Attainment and Maintenance of the Ambient
Air Quality Standards) was submitted by the Governor's designee on
February 15, 1980. The portions of the Southeast Desert Air Basin
Control Strategy identified in Table 19-1 (Summary of Plan Compliance
with Clean Air Act Requirements), except those which pertain to Imperial
County, comprise the plan. The remaining portions are for informational
purposes only.
(107) On August 11, 1980, the Governor's designee submitted a
revision to the State Implementation Plan which adds the Southeast
Desert Air Basin portion of Riverside County into the South Coast Air
Quality Management District.
(108) On November 28, 1980, the Governor's designee submitted a
revision to the State Implementation Plan which deletes Rule 67, for the
San Bernardino County APCD as applied to new sources.
(109) Three items submitted for Fresno County and the Sacramento
Metropolitan Area by the Governor's designee on October 9, 1980:
(i) Air Quality Planning Addendum-Council of Fresno County
Governments 1979-84 Overall Work Program.
(ii) Emission Inventory, 1976 for the Sacramento Metropolitan Area.
[[Page 163]]
(iii) Air Quality Plan Technical Appendix, January 1979 for the
Sacramento Metropolitan Area.
(110) Five items submitted for Ventura County by the Governor's
designee on April 1, 1980:
(i) Appendix B-81, Empirical Kinetic Modeling Approach: Ozone
Formation, Transport, and Concentration Relationships in Ventura County;
Update of Emission Reduction Required for Attainment of Ozone NAAQS.
(ii) Letter: Jan Bush to Mike Redemer, January 23, 1981.
(iii) Letter and enclosures: Janet Lyders to Mike Scheible, February
6, 1981.
(iv) Letter and enclosures: Jan Bush to William Lockett, December
15, 1980.
(v) Letter and enclosures: Jan Bush to William Lockett, October 23,
1980.
(111) Four items submitted for Ventura County by the Governor's
designee on July 16, 1981:
(i) Attachment V--Transportation Control Measures.
(ii) Ventura Air Quality Management Plan, Appendix O, Plan for
Attainment of Standards for Total Suspended Particulates In Ventura
County: Interim Report, July, 1980.
(iii) Attachment IV--Population Forecasts.
(iv) Attachment VI--Implementation of Emission Reductions Required
for Attainment of TSP Standards.
(112) Plan for Attainment of the Federal Secondary Total Suspended
Particulate Standard in Santa Clara County, an addendum to the San
Francisco Bay Area Air Basin Control Strategy (Chapter 15) submitted on
March 16, 1981, by the Governor's designee.
(113) Supplemental material for the San Diego Nonattainment Area
Plan submitted on July 13, 1981, by the Governor's designee.
(114) Supplemental material for the San Diego Nonattainment Area
Plan submitted on August 31, 1981, by the Governor's designee.
(115) Supplemental material for the San Diego Nonattainment Area
Plan submitted on December 8, 1981, by the Governor's designee.
(116) Supplemental material for the South Coast Nonattainment Area
Plan submitted on July 24, 1981, by the Governor's designee.
(117) Supplemental material for the South Coast Nonattainment Area
Plan submitted on December 24, 1981, by the Governor's designee.
(118) Supplemental material for the South Coast Nonattainment Area
Plan submitted on February 18, 1982, by the Governor's designee.
(119) Revised regulations for the following APCDs submitted on April
17, 1980, by the Governor's designee.
(i) El Dorado County APCD (Mountain Counties Air Basin).
(A) New or amended Rules 502-520.
(B) Rule 102.
(C) Previously approved on May 27, 1982 and now deleted without
replacement Rules 502 to 508, 510 to 513, 515, 517 to 519, and 521.
(ii) Mendocino County APCD.
(A) New or amended Rules 130, 200, 210, 220, 230, 240, 250, and 260.
(120) The Mountain Counties Air Basin Control Strategy for ozone
(Chapter 9 of the ``Comprehensive Revisions to the State of California
Implementation Plan for the Attainment and Maintenance of the Ambient
Air Quality Standards'' was submitted by the Governor's designee on
April 3, 1981. The submittal also included revised regulations for the
following APCD's.
(i) El Dorado County APCD (Mountain Counties Air Basin portion).
(A) Rules 401, 402, 403, 404, 405, 406, 407, 410, 411, 415, 416,
418, 419, 420, 421, 422, 423, 424, and 425.
(B) Previously approved on July 7, 1982 and now deleted without
replacement Rules 401 to 407, 410 to 411, 415 to 416, and 418 to 424.
(121) Revised regulations for the following APCDs submitted on March
1, 1982 by the Governor's designee.
(i) South Coast AQMD.
(A) New or amended Rule 474.
(B) Amended Rules 107, 1107, 1108.1, 1125 and 1126.
(C) Amended Rule 1110.
(D) Previously approved on October 11, 1983 and now deleted without
replacement Rule 107.
(ii) San Diego County APCD.
(A) New or amended Rules 62 and 53.
(B) Amended Rule 67.6(e).
(C) Amended Rule 17, adopted on November 25, 1981.
(iii) Lake County APCD.
(A) New or amended Rule 655.
[[Page 164]]
(iv) Bay Area AQMD.
(A) Amended Regulation 8, Rules 2-112 and 5-313.4.
(v) Ventura County APCD.
(A) Amended Rule 74.6.
(122) [Reserved]
(123) Supplemental material for the Kern County Nonattainment Area
Plan submitted on March 4, 1982, by the Governor's designee.
(124) Revised regulations for the following APCDs submitted on
August 6, 1982, by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Regulation 1: Rules 1-100, 1-112, 1-205, 1-233,
1-234, 1-235, 1-520, 1-522, 1-530, 1-540, 1-543, 1-544, and 1-602;
Regulations 4: Rule 4-303; Regulation 5: Rules 5-208 and 5-402; and
deletion of Regulation 6: Rule 6-132.
(B) [Reserved]
(C) Amended Regulation 8, Rules 2, 4, 5, 8 and 10.
(D) New or amended Regulation 2: Rules 2-1-207, 2-1-208, 2-1-301, 2-
1-304, and 2-1-307.
(E) Amended Regulation 8, Rule 23.
(ii) Lake County APCD.
(A) New or amended Rules 630, 631, 660.1, 660.2, and 660.3.
(iii) San Joaquin County APCD.
(A) New or amended Rules 203, 415, 503, and 521.
(B) Previously approved on November 10, 1982 and now deleted without
replacement Rules 503 and 521.
(iv) South Coast AQMD.
(A) New or amended Rule 407.
(B) Amended Rule 1107.
(C) [Reserved]
(v) Stanislaus County APCD.
(A) New or amended Rules 203 and 503.
(B) New or amended Rules 409.4 and 409.8.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rule 503.
(vi) Del Norte County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rule 230, adopted December 14, 1981.
(C) Previously approved on Novmber 10, 1982 and now deleted without
replacement Rules 616 and 618.
(vii) Humboldt County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rule 230, adopted December 8, 1981.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(viii) Mendocino County APCD.
(A) New or amended Rules 610, 616, 618, and 620.
(B) New or amended Rules 130 (introductory text, b1, m1, p5, and
s2), and 230, adopted January 5, 1982.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(ix) Northern Sonoma County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rules 130 (introductory text, b1, n1, p5, and
s2), 220(c), 230, and 260, adopted February 23, 1982 and rule 200,
adopted June 15, 1982.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(x) Trinity County APCD.
(A) New or amended Rules 616, 618, and 620.
(B) New or amended Rule 230, adopted December 7, 1981.
(C) Previously approved on November 10, 1982 and now deleted without
replacement Rules 616 and 618.
(xi) Kern County APCD.
(A) New or amended Rule 411.
(xii) Butte County APCD.
(A) New or amended Rules 4-6 and 4-6A.
(125) Revised Regulations for the following APCDs submitted on May
20, 1982 by the Governor's designee.
(i) San Diego County APCD.
(A) New or amended Rule 40.
(ii) South Coast AQMD.
(A) New or amended Rule 431.1.
(B) New or amended Rules 303 and 304.
(C) [Reserved]
(D) Amended Rules 442, 467 and 1128.
(iii) Monterey Bay Unified APCD.
(A) New or amended Rule 422.
(B) New Rule 428.
(iv) Shasta County APCD.
(A) New or amended Rules 2:6, 2:7, 2:8, 2:9, 2:11 and 4:4.
(B) Previously approved on November 10, 1982 and now deleted without
replacement Rule 4.4.
(v) Tulare County APCD.
(A) New or amended Rules 104 and 405.
[[Page 165]]
(B) Amended Rule 410.1.
(vi) Yolo-Solano APCD.
(A) New or amended Rules 4.1 and 4.2.
(B) Previously approved on November 10, 1982 and now deleted without
replacement Rules 4.1 and 4.2.
(vii) Yuba County APCD.
(A) New or amended Rule 9.6.
(viii) Bay Area AQMD.
(A) Manual of Procedures: Volumes I, V and VI.
(B) Amended Regulation 8, Rules 7, 14, 18 and 19.
(ix) San Joaquin County APCD.
(A) Amended Rule 412.
(126) Revised regulations for the following APCDs submitted on
November 8, 1982 by the Governor's designee.
(i) Sacramento County APCD.
(A) New or amended Rules 59 and 70.
(B) Amended Rules 16 and 19.
(C) Previously approved on June 1, 1983 and now deleted without
replacement Rule 70.
(ii) Santa Barbara County APCD.
(A) New or amended Rule 210D.
(iii) Stanislaus County APCD.
(A) New or amended Rules 110, 202, and 302.
(B) Amended Rules 409.8, 411 and 411.1(G).
(C) Previously approved on June 18, 1982 and now deleted without
replacement Rule 302.
(iv) South Coast AQMD.
(A) New or amended Rules 708.3 and 1105.
(v) Tulare County APCD.
(A) New or amended Rule 519.
(B) Amended Rules 410.3 and 410.4.
(C) Previously approved on June 1, 1983 and now deleted without
replacement Rule 519.
(vi) Yolo-Solano County APCD.
(A) New or amended Rule 6.1.
(B) Amended Rule 2.22.
(127) Revised regulations for the following APCDs submitted on
February 3, 1983 by the Governor's designee.
(i)(A) [Reserved]
(B) Amended Regulation 3: Rules 3-102, 3-302, 3-302.1, 3-303, and
Schedule A.
(C) Amended Rules 13 and 29.
(D) New or amended Regulation 2: Rules 2-2-113.2, 2-2-115, 2-2-209,
2-2-210, 2-2-211, 2-2-303.2, 2-2-304.1, 2-2-304.2, and 2-2-404; and
Regulation 3: Rule 3-312.
(ii) Fresno County APCD.
(A) Amended Rules 406 and 408.
(B) Amended Rule 409.1.
(iii) North Coast Unified AQMD.
(A) New Rule 350.
(B) Previously approved on November 18, 1983 and now deleted without
replacement Rule 350.
(iv) Imperial County APCD.
(A) Amended Rule 409.
(B) Amended Rule 424.
(v) Monterey Bay Unified APCD.
(A) New or amended Rule 601.
(B) Amended Rule 301, submitted on February 3, 1983.
(vi) San Luis Obispo County APCD.
(A) Amended Rule 302.
(B) Previously approved on November 18, 1983 and now deleted without
replacement Rule 302.
(vii) South Coast AQMD.
(A) New or amended Rules 301.1, 302, 303, and Resolutions 82-23 and
82.35.
(B) New or amended Rules 461, 1102, and 1102.1.
(C) New or amended Rules 301, 304, 401(b) and 1148.
(D) Previously approved on November 18, 1983 and now deleted without
replacement Rule 303.
(E) Previously approved on October 19, 1984 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1148.
(viii) Ventura County APCD.
(A) New or amended Rule 41.
(B) Amended Rule 74.2.
(128) The 1982 Ozone Air Quality Plan for the Monterey Bay Region
was submitted on December 31, 1982 and January 14, 1983 by the
Governor's designee.
(129) The 1982 Ozone Air Quality Plan for Stanislaus County and the
1982 Ozone and CO plan for San Joaquin County were submitted on December
1, 1982 by the Governor's designee.
(130) The 1982 Ozone Air Quality Plan for Santa Barbara County was
submitted on December 31, 1982 by the Governor's designee.
(131) [Reserved]
(132) Revised regulations for the following APCDs submitted on June
28, 1982, by the Governor's designee.
(i) Kern County APCD.
(A) Amended Rule 425.
(B) Previously approved on May 3, 1984 and now deleted without
replacement, Rule 425.
[[Page 166]]
(133) The enabling legislation, Chapter 892, Statutes of 1982,
(Senate Bill No. 33) for a California motor vehicle inspection and
maintenance program and the California Air Resources Board's Executive
Order G-125-15 submitted on September 17, 1982 by the Governor's
designee.
(134) A schedule to implement the California motor vehicle
inspection and maintenance (I/M) program, the California Air Resources
Board's Executive Order G-125-33, and local resolutions and requests
from the Bay Area Air Quality Management District, Sacramento County
APCD, Placer County APCD, Yolo-Solano APCD, San Diego County APCD, South
Coast Air Quality Management District and Ventura County APCD to have
the State implement the I/M program, submitted on July 26, 1983 by the
Governor's designee.
(135) The 1982 Ozone and CO Air Quality Plan for the San Francisco
Bay Air Basin was submitted on February 4, 1983 by the Governor's
designee.
(136) The 1982 Ozone and CO Air Quality Plan for the San Diego Air
Basin was submitted on February 28 and August 12, 1983 by the Governor's
designee.
(137) Revised regulations for the following APCDs was submitted on
July 19, 1983 by the Governor's designee.
(i) Kern County APCD.
(A) New or amended Rules 301.1 and 302.
(B) Amended Rule 410.1
(ii) Merced County APCD.
(A) New or amended Rules 104, 108, 113, 202, 209.1, 301, 305, 407
and 519.
(B) Amended Rule 409.1.
(C) New or amended Rules 409.4, 409.5, 411 and 411.1.
(D) Previously approved on February 1, 1984 and now deleted without
replacement Rules 305 and 319.
(iii) Sacramento County APCD.
(A) New or amended Rule 7.
(B) Amended Rule 17.
(iv) San Diego County APCD.
(A) New or amended Rules 10 and 40.
(B) Amended Rules 67.3, 67.4 and 67.6.
(C) Previously approved on February 1, 1984 and now deleted without
replacement Rule 40.
(v) San Luis Obispo County APCD.
(A) New or amended Rule 212.
(vi) Shasta County APCD.
(A) New or amended Rules 2.18, 3.4, and 3.15.
(B) Amended Rules 3.3(b), 3.4(d) and 3.15(c).
(vii) South Coast AQMD.
(A) New or amended Rules 502, 1207 and deletion of 301.1.
(B) New or amended Rules 301, 301.1, 301.2 and 431.1.
(C) Previously approved on February 1, 1984 and now deleted without
replacement Rule 502.
(D) Previously approved on February 1, 1984 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1207.
(viii) Ventura County APCD.
(A) Amended Rule 41.
(B) Previously approved on February 1, 1984 and now deleted without
replacement Rule 41.
(ix) Monterey Bay Unified APCD.
(A) Amended Rule 426.
(x) Placer County APCD (Mountain Counties Air Basin portion).
(A) Amended Rule 218.
(xi) Fresno County APCD.
(A) Amended Rule 409.4.
(138) Revised regulations for the following APCDs was submitted on
April 11, 1983 by the Governor's designee.
(i) Butte County APCD.
(A) Amended Rules 1-36, 4-2, 4-3, 4-11, and 5-3.
(ii) El Dorado County APCD.
(A) New or amended Rules 203, 206, 207, 209-212, 221-226, 521, 609-
612 and 700-703.
(B) Amended Rules 214-220.
(C) New Rule 213.
(D) Previously approved on November 18, 1983 and now deleted without
replacement Rule 521.
(iii) Fresno County APCD.
(A) New or amended Rule 301.
(iv) Lake County APCD.
(A) New or amended Rules 900 and 902.
(v) Madera County APCD.
(A) New or amended Rules 103-117, 301-305, 401-405, 421-425, 501-
503, 519, 606, 610 and 611.
(B) Amended Rules 409, 410, and 417-419.
(C) New or amended Rules 406, 407, 408, 411 and 420.
[[Page 167]]
(D) Previously approved on November 18, 1983 and now deleted without
replacement Rules 305 and 502 to 503.
(vi) Monterey Bay Unified APCD.
(A) New or amended Rules 200, 201(p), 501, 503, 506, 507 and 508.
(B) Amended Rule 425.
(vii) Ventura County APCD.
(A) New or amended Rule 59c.
(viii) Kern County APCD.
(A) Amended Rule 414.1.
(ix) Kings County APCD.
(A) Amended Rule 410.1.
(139) Amendments to ``Chapter 27--California Lead Control Strategy''
was submitted on April 8, 1983 by the Governor's designee.
(140) Revised regulations for the following APCDs were submitted on
August 30, 1983 by the Governor's designee.
(i) Bay Area AQMD.
(A) Amended Regulation 3: Rules 3-100 through 3-103, 3-200 through
3-211, 3-300 through 3-313 and 3-400 through 3-409.
(B) New Regulation 8, Rule 30.
(C) Previously approved on May 3, 1984 and now deleted without
replacement Rule 3-301.
(ii) Kern County APCD.
(A) New or amended Rules 405, 408, 409, and 424.
(B) Previously approved on May 3, 1994 and now deleted without
replacement for implementation in the Southeast Desert Air Basin, Rule
408.
(C) Previously approved on May 3, 1984 and now deleted without
replacement for implementation in the Southeast Desert Air Basin Rule
424.
(iii) Stanislaus County APCD.
(A) New or amended Rules 109 and 213.
(B) Amended Rule 409.1.
(iv) Yolo-Solano APCD.
(A) Amended Rule 2.13(1).
(141) The 1982 CO Air Quality Plan for the Lake Tahoe Air Basin was
submitted on December 20, 1982 by the Governor's designee.
(142) The 1982 ozone and CO Air Quality Plan for the Sacramento
nonattainment area submitted on January 10, 1984 by the Governor's
designee, except for the attainment and RFP demonstration portions of
the ozone plan.
(143) Revisions to the 1982 ozone and CO Air Quality Plan for the
Sacramento nonattainment area submitted on February 10, 1984.
(144) The 1982 Ozone and CO Air Quality Management Plan for the
South Coast Air Basin submitted on December 31, 1982 and subsequently
amended on February 15, and June 28, 1984 by the Governor's designee,
except for:
(i) The attainment and RFP demonstration portions of the plan.
(ii) The emission reduction credit for the New Source Review control
measure.
(145) The 1982 Ozone Air Quality Management Plan for Ventura County
submitted on December 31, 1982 by the Governor's designee except for the
attainment and RFP demonstration portions of the plan.
(146) The 1982 Ozone and CO Clean Air Plan for the Fresno
nonattainment area submitted on December 1, 1982 by the Governor's
designee, except for the attainment and RFP demonstration portions of
the plans.
(147) [Reserved]
(148) Revised regulations for the following APCDs were submitted on
October 27, 1983 by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Regulations 6-303.4, 9-1-100, 9-1-101, 9-1-110,
9-1-200 through 9-1-205, 9-1-300 through 9-1-312, 9-1-400 through 9-1-
404, 9-1-500 through 9-1-503, 9-1-600 through 9-1-605 and 5-401.13.
(B) Amended Regulation 8, Rules 3, 9, 10, 20, 22, 25 and 28.
(ii) El Dorado County APCD.
(A) New or amended Rules 102, 226, 227, and 228.
(B) New Rules 224 and 225.
(iii) Monterey Bay Unified APCD.
(A) New or amended Rules 407, 410, and 411.
(iv) San Diego County APCD.
(A) New or amended Rule 68.
(B) New Rule 67.9.
(v) Shasta County APCD.
(A) New or amended Rule 2.6.
(vi) South Coast AQMD.
(A) New or amended Rules 1105 and 1111.
(B) New or amended Rules 1113, 1122, 1136, 1141 and 1145.
(vii) Ventura County APCD.
(A) New or amended Rule 30.
(viii) Madera County APCD.
(A) Amended Rule 416.
[[Page 168]]
(149) Revised regulations for the following APCD's submitted on
January 20, 1983 by the Governor's designee.
(i) California State.
(A) New or amended California statewide regulations: Test Procedures
for Determining the Efficiency of Gasoline Vapor Recovery Systems at
Service Stations; Certification and Test Procedures for Vapor Recovery
Systems of Gasoline Delivery Tanks; Test Procedure for Gasoline Vapor
Leak Detection Using Combustible Gas Detector.
(150) Revised regulations for the following APCD's submitted August
2, 1983, by the Governor's designee.
(i) Kings County APCD.
(A) New Rule 414.4.
(ii) Yuba County APCD.
(A) Amended Rule 3.9.
(151) [Reserved]
(152) Amendments to ``Chapter 27--California Lead Control Strategy''
were submitted on February 22, 1984 by the Governor's designee.
(153) Revised regulations for the following APCD's were submitted on
March 14, 1984 by the Governor's designee.
(i) Lake County APCD.
(A) New or amended Rule 602.
(ii) North Coast Unified AQMD.
(A) New or amended Rules 100, 120, 130 [Paragraphs (d1) and (s5)],
160 (except (a) and non-criteria pollutants), 240, 500, 520, 600, 610
and Appendix B (except (D)(1)(e)).
(B) New or amended Rules, 130, 130 (b1, m2, n1, p5, s2), 200 (a),
(b), (c)(1-2), and (d), 220(c), and 260.
(C) Previously approved on December 5, 1984 and now deleted without
replacement Rules 600 and 610.
(iii) San Diego APCD.
(A) New or amended Rules 2, 52 and 53.
(B) Amended Rules 67.0 and 67.1 (deletion).
(iv) San Joaquin APCD.
(A) New or amended Rules 110, 202 and 407.
(B) Amended Rules 409.1 and 409.4.
(v) Bay Area AQMD.
(A) New Regulation 8, Rules 31 and 32.
(vi) Kern County APCD.
(A) Amended Rule 410.1.
(vii) South Coast AQMD.
(A) New or amended Rules 1108.1 and 1141.1.
(B) New Rule 1158, adopted 12-2-83.
(viii) Ventura County APCD.
(A) Amended Rule 74.2
(154) Revised regulations for the following APCD's were submitted on
April 19, 1984 by the Governor's designee.
(i) Mendocino County APCD.
(A) New or amended Regulation 1: Rules 100, 120, 130 [Paragraphs
(d1) and (s5)], 160 (except (a) and non-criteria pollutants), 240, 500,
520, 600, 610 and Appendix B (except (D)(1)(e)) and Regulation 2: Rules
101, 102, 200, 301, 302, 303, 304, 305, 401, 501, and 502.
(B) New or amended Rules, 130, 200, 220(a)(1&3), (b)(1, 2, 5, and
7), (c), and 260.
(C) Previously approved on December 5, 1984 and now deleted without
replacement Rules 600 and 610.
(ii) Monterey Bay Unified APCD.
(A) New or amended Rules 101, 200, 203 and 422.
(B) Amended Rule 426.
(iii) Sacramento County APCD.
(A) New or amended Rules 101, 102, 103, 403-410, 420, 501, 601, 602
and 701.
(B) Amended Rules 441, 442, 444-446 and 448-455.
(C) Previously approved on December 5, 1984 and now deleted without
replacement Rules 601 and 602.
(iv) San Luis Obispo County APCD.
(A) New or amended Rule 105.
(v) Shasta County APCD.
(A) New or amended Rules 1:2, 2:2 (repealed), 2:3 (repealed), 2:6
2:26 (repealed), 2:27 (repealed), and 3:2.
(B) Amended Rule 3:4, adopted on January 3, 1984.
(vi) Bay Area AQMD.
(A) New or amended Regulation 8, Rules 6, 7, 29 and 33.
(B) Amended Regulation 9, Rule 4 adopted December 7, 1983.
(vii) South Coast AQMD.
(A) Amended Rule 1124.
(B) [Reserved]
(155) Revised regulations for the following APCD's submitted July
10, 1984, by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Regulation 8, Rules 11, 34 and 35.
(ii) El Dorado County APCD.
(A) New or amended Rules 215, 216 (deletion), 216 and 217
(deletion).
[[Page 169]]
(B) New or amended Rule 217.
(iii) Madera County APCD.
(A) New or amended Rules 409 and 410.
(B) New or amended Rules 203 and 404.
(iv) South Coast AQMD.
(A) Amended Rule 1113.
(B) New or amended Rules 401 and 1305.
(v) North Coast Unified AQMD.
(A) New or amended Regulation 2.
(B) New or amended Rules 130 (b2, m1, p3, and s7), Chapter II, 200
(c)(3-6) and 220 (a) and (b).
(vi) Shasta County APCD.
(A) Amended Rule 1:2.
(156) Revised regulations for the following APCD's were submitted on
October 19, 1984 by the Governor's designee.
(i) Bay Area AQMD.
(A) New or amended Rules 2-1 and 8-36.
(ii) Merced County APCD.
(A) New or amended Rules 112, 409.1, and 409.4.
(iii) North Coast Unified AQMD.
(A) New or amended Rules 160 and 460.
(B) Amended Rules 130(c, 1) and 240(e).
(iv) San Diego County APCD.
(A) New or amended Rules 61.0, 61.2, 61.8, and 67.3.
(v) Yolo-Solano APCD.
(A) New or amended Rule 2.21.
(vi) Northern Sonoma County APCD.
(A) New or amended Rules 130 (b2, m1, p3, p3a, and s7), Chapter II,
220(B).
(vii) South Coast AQMD.
(A) New or amended Rule 463, adopted 6-1-84 and 1141.2, adopted 7-6-
84.
(157) [Reserved]
(158) Revised regulations for the following Districts were submitted
on December 3, 1984 by the Governor's designee.
(i) Mendocino County APCD.
(A) New or amended Rules 1-160, 1-240, 1-460 and 2-502.2.
(B) New or amended Rules 130 (b2, m1, p3, s7), Chapter II, 220
(a)(2) and (b)(3, 4, 6, 8 and 9).
(159) Revised regulations for the following APCD's were submitted on
February 6, 1985 by the Governor's designee.
(i) Sacramento County APCD.
(A) Amended Rule 202 (except for a) sections 104 and 105 as they
apply to volatile organic compounds and nitrogen oxides, b) sections 109
and 229, and c) the portion of section 405 which concerns stack heights
[under NSR]).
(ii) Fresno County APCD.
(A) New or amended Rules 409.7 and 413.1, adopted on October 2,
1984.
(iii) Monterey Bay Unified APCD.
(A) New or amended Rules 100 to 106, 200 to 206, 208 to 214, 400,
401, 405, 406, 408 to 415, 417 to 422, 425 to 428, 500 to 506, 600 to
617, 700 to 713, 800 to 816, and 900 to 904, adopted on December 13,
1984.
(B) Previously approved on July 13, 1987 and now deleted without
replacement Rules 600 to 617 and 800 to 816.
(iv) Sacramento County APCD.
(A) New or amended Rules 201 (sections 100-400), 404 (sections 100-
300), and 443 (sections 100-400), adopted on November 20, 1984.
(B) Amended Rule 447 adopted November 20, 1984.
(v) South Coast AQMD.
(A) New or amended Rules 1104 and 1125, adopted on December 7, 1984.
(B) Amended Rule 1141, adopted on November 2, 1984.
(C) Amended Rule 1105 adopted September 21, 1984.
(D) New Rule 1117 adopted January 6, 1984.
(E) Previously approved on July 12, 1990 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rules 1105 and 1117.
(vi) Stanislaus County APCD.
(A) New or amended Rules 202(O), 411, and 416.1, adopted on
September 18, 1984.
(vii) Yolo-Solano County APCD.
(A) Amended Rule 2.21.a.7. (a) and (b) adopted November 21, 1984.
(160) Revised regulations for the following APCD's were submitted on
April 12, 1985, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area AQMD.
(1) Revisions to Regulation 8, Rule 33, adopted on January 9, 1985.
(B) San Luis Obispo County APCD.
(1) New or amended Rules 201, 205, 405, and 406, adopted on November
13, 1984.
[[Page 170]]
(C) Shasta County APCD.
(1) Amended Rule 2:1.514, adopted on May 29, 1984.
(D) San Diego County APCD.
(1) New Rule 67.10 adopted January 30, 1985.
(E) South Coast AQMD.
(1) Amended Rule 1108 adopted February 1, 1985.
(161) Revisions to the ozone and carbon monoxide nonattainment area
plans for the Fresno County portion of the San Joaquin Valley Air Basin
were submitted by the Governor on June 11, 1984.
(i) Incorporation by reference.
(A) State of California Air Resources Board Executive Order G-125-46
adopted May 11, 1984.
(B) Letters from the County of Fresno to the Bureau of Automotive
Repair dated March 14, 1984 and February 14, 1984 requesting
implementation of an I/M program in Fresno County.
(C) County of Fresno Resolution File Number 18-13 adopted February
14, 1984.
(D) Schedule to implement I/M in Fresno County, adopted on February
14, 1984.
(ii) Additional Information. The State submitted no additional
information.
(162) Revised regulations for the following APCD were submitted on
June 21, 1985 by the Governor's designee.
(i) Northern Sonoma County APCD.
(A) Amended Rule 220 (a).
(163) Rule 1304(e), Resource Conservation and Energy Projects,
adopted on March 7, 1980, submitted on April 3, 1980 (See
Sec. 52.220(c)(68)(i)), and conditionally approved on January 21, 1981
[See Sec. 52.232(a)(3)(i)(A)] is disapproved but only with respect to
projects whose application for a permit is complete after January 1,
1986.
(164) Revised regulations for the following APCD's were submitted on
October 16, 1985 by the Governor's designee.
(i) Incorporation by reference.
(A) Amador County APCD.
(1) New or amended Rules 301-319 and 501, adopted 6/16/81; and Rules
502-514 and 517-521, adopted 1/8/80.
(B) Northern Sonoma County APCD.
(1) Amended Rules 100, 120, 130 (d1 and s5), 500, 520, 600, and 610,
adopted 2/22/84, and amended Rule 200(a), adopted 7/19/83.
(2) Appendices A and B adopted on February 22, 1984.
(C) Ventura County APCD.
(1) Amended Rules 15, 54, 61, 64, 67, 69, 70, 74.3, 74.4, 74.5,
74.6, 74.8, 80, and 103, revised 7/5/83.
(2) Previously approved and now removed (without replacement), Rule
84.
(3) Previously approved on April 17, 1987 and now deleted without
replacement Rule 61.
(4) Rule 74.11 adopted on April 9, 1985.
(D) Yuba County APCD.
(1) Amended Rules 1.1, 2.0, 2.1, 2.3, 2.5, 2.6, 2.7, 2.9, 2.11, and
2.16, adopted 3/5/85.
(E) South Coast Air Quality Management District.
(1) Rule 1150.1, adopted on April 5, 1985.
(165) Revised regulations for the following APCD's were submitted by
the Governor's designee on November 12, 1985.
(i) Incorporation by reference.
(A) Northern Sonoma County APCD.
(1) Amended Rule 130 s4, adopted 7/9/85.
(B) South Coast Air Quality Management District.
(1) Amended Rule 221, adopted 1/4/85.
(166) A revised regulation for the following district was submitted
on December 2, 1983, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast AQMD.
(1) Amended Rule 466 adopted 10/7/83.
(167) A revised regulation for the following district was submitted
on August 1, 1984, by the Governor's designee.
(i) Incorporation by reference.
(A) Ventura County APCD.
(1) Amended Rule 74.7 adopted 7-3-84.
(168) Revised regulations for the following APCD's were submitted by
the Governor's designee on February 10, 1986.
(i) Incorporation by reference.
(A) Butte County APCD.
(1) New or amended Rules 101, 102, 250, 260, 261, 270, 301, 302,
303, 304, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317,
318, 320, 322, 323, 324, 325, 401, 402, 403, 405, 406, 407, 420, 421,
422, 423, 425, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611,
612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 701, 702, 703, 704,
801,
[[Page 171]]
802, 901, 902, and 3-3 (repealed), adopted August 6, 1985.
(2) New or amended Rules 202, 203, 204, 205, 210, 211, 212, 213,
214, 215, 220, 225, and 231 adopted August 6, 1985.
(3) Previously approved on February 3, 1987 and now deleted without
replacement Rules 601 to 618, 620 to 621, and 801 to 802.
(B) Lake County APCD.
(1) New Rules 650D, 651, and 1701Q, adopted December 10, 1985.
(C) Placer County APCD (Mountain Counties portion).
(1) Amended Rules 102, 312, 314, 315, 320, 505, 507, 803, 211A
(repealed), and 219M (repealed), adopted May 20, 1985.
(2) New or amended Rules 213, 307, and 324 adopted May 20, 1985.
(D) Sutter County APCD.
(1) Amended Rule 2.5, adopted October 15, 1985.
(E) Tehama County APCD.
(1) Amended Rules 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 5.2, 5.3, 5.6,
5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 5.13, 5.15, 5.16, 5.17, 5.18, 5.20,
5.21, 5.22, and 5.23, adopted September 19, 1985.
(2) New or amended Rules 4.3, 4.8, 4.9 (a) and (b), 4.10, and 4.14
adopted September 10, 1985.
(3) Previously approved on February 3, 1987 and now deleted without
replacement Rules 5.2 to 5.3, 5.6 to 5.9, 5.11 to 5.12, 5.13, 5.15 to
5.18, and 5.20 to 5.23.
(F) Monterey Bay Unified APCD.
(1) New or amended Rules 416 and 418 adopted September 18, 1985.
(2) Rule 204, amended on July 17, 1985.
(G) San Diego County APCD.
(1) New or amended Rules 66 (w) and 67.8 (d) adopted September 17,
1985.
(H) South Coast AQMD.
(1) Amended Rule 1159 adopted December 6, 1985.
(2) Rule 1150.2, adopted on October 18, 1985.
(3) Previously approved on July 12, 1990 in paragraph (i)(H)(1) of
this section and now deleted without replacement for implementation in
the Antelope Valley Air Pollution Control District Rule 1159.
(169) New and amended regulations submitted on June 4, 1986 by the
Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 404 and 405 adopted on May 7, 1976 and amended on February
7, 1986. Rule 1112.1 adopted on February 7, 1986.
(170) Revised regulations for the following APCD's were submitted on
August 12, 1986, by the Governor's designee.
(i) Incorporation by reference.
(A) Placer County Air Pollution Control District.
(1) Amended rules 101, 201, 305 (Mountain Counties portion), adopted
May 27, 1986.
(171) Revised regulations for the following APCD's were submitted on
November 21, 1986 by the Governor's designee.
(i) Incorporation by reference.
(A) Mendocino County APCD.
(1) Amended Rule 200(d), adopted on July 8, 1986.
(B) Placer County APCD.
(1) New Rule 225, adopted on June 17, 1986.
(C) San Joaquin County APCD.
(1) Amended Rules 411.2, 416, and 416.1, adopted on June 24, 1986.
(D) Shasta County APCD.
(1) New or amended Rules 1:1, 1:2 (except ``fugitive emissions''),
2:10, 2:23, 2:26, 2:27, 3:2, 3:3, 4:1, 4:2, and 4:7 adopted on July 22,
1986.
(2) Previously submitted to EPA on June 30, 1972 and approved in the
Federal Register on September 22, 1972 and now removed without
replacement, Rule 2:13.
(3) Previously submitted to EPA on July 19, 1974 and approved in the
Federal Register on August 22, 1977 and now removed without replacement,
Rules 3:8, 4:7, 4:9, 4:10, 4:11, 4:12, 4:13, 4:15, 4:16, 4:17, 4:18,
4:20, 4:21, and 4:22.
(4) Previously submitted to EPA on October 13, 1977 and approved in
the Federal Register on November 14, 1978 and now removed without
replacement, Rules 4:14 and 4:19.
(5) Previously approved on April 12, 1989 and now deleted without
replacement Rule 4.1.
(172) Revised regulations for the following APCD's were submitted on
March 11, 1987, by the Governor's designee.
(i) Incorporation by reference.
[[Page 172]]
(A) Siskiyou County APCD.
(1) New or amended Rules 1.1, 1.2 (A3, A4, A8, A9, B3, B4, C1, C5,
C6, C8, C10, D1, D2, E1, F1, H2, I2, I3, M3, M4, O1, P1, P3, P4, P8, R3,
R4, R6, S1, S2, S3, S5, S6, T2, V1), 1.3, 1.5, 2.3, 2.7, 2.8, 2.9, 2.10,
2.11, and 2.12 adopted on November 25, 1986.
(2) Previously submitted to EPA on February 21, 1972 and approved in
the Federal Register on May 31, 1972 and now removed without
replacement, Rule 1.2 (M).
(3) Previously submitted to EPA on July 25, 1973 and approved in the
Federal Register on August 22, 1977 and now removed without replacement,
Rule 2.13.
(B) Ventura County APCD.
(1) Amended Rule 23, adopted on October 21, 1986.
(173) Revised regulations for the following APCD's were submitted on
June 9, 1987 by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area AQMD.
(1) New Rules 2-1-401.6 and 2-1-401.7, adopted January 7, 1987.
(B) Imperial County APCD.
(1) New or amended Rules 102, 105, 108, 110, 113, 115, 203, 204,
205, 210, 401, 402, 403, 420, 421, 422, and 423, adopted November 19,
1985.
(C) Monterey Bay Unified APCD.
(1) Amended Rule 201 (introductory paragraph and subparagraphs (1)
through (8.6)), adopted December 17, 1986.
(2) Rule 200, amended on December 17, 1986.
(D) Tulare County APCD.
(1) Amended Rules 110 and 202 (introductory paragraph and
subparagraphs (a) through (d.7)), adopted May 13, 1986.
(E) San Diego County Air Pollution Control District.
(1) Amended Rules 61.7 and 61.8, adopted on January 13, 1987.
(174) Revised regulations for the following APCD's were submitted on
September 1, 1987 by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast AQMD.
(1) Amended Rule 212, adopted May 1, 1987.
(B) Ventura County APCD.
(1) Amended Rule 12, adopted June 16, 1987.
(175) Revised regulations for the following APCD's were submitted on
November 25, 1987, by the Governor's designee.
(i) Incorporation by Reference.
(A) Shasta County AQMD.
(1) Amended rules 1:2, 2:6.a.4.(c), 2:6.b, 2:7.a, 2:7.c,
2:8.c.2.(a), 2:8.c.3.(a), 2:8.c.4, and 2:19, adopted on July 28, 1987.
(B) Tehama County APCD.
(1) New or amended rules 1:2, 3:1, 3:6(1), 3:11(a), 3:12, 3:13.j,
3:14(10), 3:15, 4:3, and 4:24, adopted on August 4, 1987.
(C) Yolo-Solano APCD.
(1) Amended rule 3:7(d), adopted on August 12, 1987.
(176) Revised regulations for the following APCD's were submitted on
March 23, 1988 by the Governor's designee.
(i) Incorporation by reference.
(A) Siskiyou County Air Pollution Control District.
(1) New and amended rules 4.1, 4.1-1, 4.1-2, 4.2-1, 4.3, 4.4, 4.5,
4.6, 4.6-1, 4.7, 4.8, 4.9, 4.10, 4.11, 7.1, 7.2, 7.3, 7.4, 7.5-1, 7.5-2,
7.5-3, 7.6, and 7.7 adopted on October 27, 1987.
(B) Lake County Air Pollution Control District.
(1) Amended rules 431.5, 431.7, 432, 432.5, 433, 434, 436.5, 442,
1105, and 1107 adopted October 20, 1987.
(C) Lassen County Air Pollution Control District.
(1) Amended Articles I, II, III, IV, V, VI, and VII adopted August
11, 1987.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 429 adopted on September 16, 1987.
(E) South Coast Air Quality Management District.
(1) Rule 444, adopted on October 2, 1987.
(177) Revised regulations for the following APCD's were submitted by
the Governor's designee on February 7, 1989.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District.
(1) Amended Rules 2 and 55 adopted May 24, 1988.
(2) Amended Rule 56 adopted May 24, 1988.
(B) Bay Area Air Quality Management District.
[[Page 173]]
(1) Amended Regulation 4 adopted September 7, 1988.
(C) Mariposa County Air Pollution Control District.
(1) Amended Regulation III and Rules 300, 301, 302, 303, 304, 305,
306, 307, and 308 adopted July 19, 1988.
(D) Madera County Air Pollution Control District.
(1) Amended rules 106, 112, 114, 401, 403, 422, 424, 425, 501, 504,
505, 506, 518, 519, 601, 603, 605, 606, 609, 610, 611, 613, and 614
adoped on January 5, 1988.
(2) Previously approved on April 16, 1991 and now deleted without
replacement Rules 106, 501, 504 to 506, and 519.
(E) Bay Area Air Quality Management District.
(1) Rule 8-5 adopted on May 4, 1988.
(F) Lake County Air Quality Management District.
(1) Rules 248.5 and 270, adopted on December 6, 1988.
(2) Section (Rule) 1150, adopted on December 6, 1988.
(178) [Reserved]
(179) Revised regulations for the following APCD's were submitted on
March 26, 1990, by the Governor's designee.
(i) Incorporation by reference.
(A) Kings County Air Pollution Control District.
(1) Amended Rules 417 and 417.1 adopted on February 28, 1989.
(B) San Bernardino County Air Pollution District.
(1) Amended Rules 101, 102 (except fugitive liquid leak and fugitive
vapor leak), 103, 104, 105, and 106 adopted on December 19, 1988.
(C) Bay Area Air Quality Management District.
(1) Rule 8-44, adopted January 4, 1989.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.7, adopted on January 10, 1989.
(2) Rule 30 adopted on May 30, 1989.
(E) Siskiyou County Air Pollution Control District.
(1) Rules 1.2 (except section V1), 1.4, 2.1, 2.2, 2.10. 4.1, 4.6,
6.1, and Appendix A, adopted on January 24, 1989.
(2) Rule 4.10 adopted on January 24, 1989.
(3) Rule 4.3, adopted on January 24, 1989.
(F) Lake County Air Quality Management District.
(1) Rule 1010, adopted on June 13, 1989.
(2) Section (Rule) 431.5, adopted on June 13, 1989.
(G) Tuolumne County Air Pollution Control District.
(1) Rules 101, 102, and Rule 300, adopted November 22, 1988.
(2) Rules 302 to 310, adopted on November 22, 1988.
(180) [Reserved]
(181) New and amended regulations for the following APCD were
submitted on October 16, 1990, by the Governor's designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District.
(1) Rule 71.2, adopted on September 26, 1989.
(182) New and amended regulations for the following APCDs were
submitted on December 31, 1990, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 1175 and 1176, adopted on January 5, 1990.
(2) Rule 109, adopted on May 5, 1989.
(3) Rule 108, adopted on April 6, 1990.
(4) Rule 461, adopted on July 7, 1989.
(5) Rule 431.2, amended on May 4, 1990.
(B) Bay Area Air Quality Management District.
(1) Regulation 8, Rule 8, adopted on November 1, 1989.
(2) Amended Rule 8-28, adopted September 6, 1989.
(3) Rule 8-46, adopted July 12, 1989.
(4) Amended Regulation 8, Rule 16, adopted on August 2, 1989.
(5) Amended Regulation 8, Rule 11, adopted on September 20, 1989.
(6) Regulation 2, Rule 1 adopted on November 1, 1989.
(C) San Luis Obispo County Air Pollution Control District.
(1) Rule 424, adopted on July 18, 1989.
(D) Santa Barbara County Air Pollution Control District.
(1) Amended Rule 323, adopted on February 20, 1990.
(E) San Diego County Air Pollution Control District.
(1) Amended Rules 101, 102, 103, and 108, adopted March 27, 1990.
[[Page 174]]
(F) Modoc County Air Pollution Control District.
(1) Rules 4.1-2, 4.6, 4.6-1, and 4.9 adopted on January 3, 1989.
(2) Rule 4.11, adopted on January 3, 1989.
(3) Rule 1.2 and Rule 7.1, adopted May 1, 1989.
(G) Siskiyou County Air Pollution Control District.
(1) Rule 4.14, adopted on July 11, 1989.
(2) Rule 7.1, adopted July 11, 1989.
(183) New and amended regulations for the following APCD's were
submitted on April 5, 1991, by the Governor's designee.
(i) Incorporation by reference.
(A) San Diego County Air Pollution Control District.
(1) Rule 67.8, adopted on December 18, 1990.
(2) Rule 61.9, adopted on March 14, 1989, is now removed without
replacement as of April 19, 1994.
(3) Revised Rule 67.3, adopted on October 16, 1990.
(4) Amended Rule 61.4, adopted on October 16, 1990.
(5) Amended Rule 67.4, adopted July 3, 1990.
(6) Amended Rule 61.0, adopted on September 16, 1990.
(7) New Rule 67.12, adopted December 4, 1990.
(8) Previously approved on March 24, 1992 and now deleted without
replacement Rule 67.8.
(9) Amended Rule 67.18, adopted on July 3, 1990.
(10) Revised Rules 61.2, 61.3, and 67.5, adopted October 16, 1990.
(11) Amended Rule 61.1, adopted October 16, 1990.
(12) Rule 67.6, adopted on October 16, 1990.
(13) Rule 67.15, adopted on December 18, 1990.
(B) Ventura County Air Pollution Control District.
(1) Rules 74.5.1 and 74.5.2, adopted on December 4, 1990.
(2) Rule 71, adopted on September 11, 1990.
(3) Rule 74.13, adopted on January 22, 1991.
(4) Rule 74.16, adopted January 8, 1991.
(C) Placer County Air Pollution Control District.
(1) Amended Rule 217, adopted on September 25, 1990.
(2) Amended Rule 213, adopted on September 25, 1990.
(3) New Rule 410 and Amended Rule 223, adopted on September 25,
1990.
(4) Amended Rule 212, adopted September 25, 1990.
(5) Rule 216, adopted on September 25, 1990.
(D) Sacramento Metropolitan Air Quality Management District.
(1) Amended rules 443, adopted September 25, 1990, and 452, adopted
August 21, 1990.
(E)(1) [Reserved]
(2) Rule 316, adopted on July 10, 1990.
(F) Bay Area Air Quality Management District.
(1) Amended Regulation 8, Rule 43, adopted on June 20, 1990.
(2) Regulation 8, Rule 17, adopted on September 5, 1990.
(G) [Reserved]
(H) El Dorado County Air Pollution Control District.
(1) Regulation IX, Rules 900 through 914, adopted September 18,
1990.
(184) New and amended regulations for the following APCDs were
submitted on May 13, 1991, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Amended rule 445, adopted November 6, 1990.
(2) Amended Rules 442, adopted October 2, 1990, and 446, adopted
December 4, 1990.
(3) Previously approved on August 20, 1991 and now deleted without
replacement Rule 445.
(B) South Coast Air Quality Management District.
(1) Rules 1102 and 1102.1, adopted on December 7, 1990.
(2) Rule 465, adopted on December 7, 1990, and Rule 1123, adopted on
December 7, 1990.
Editorial Note: At 57 FR 48459, Oct. 26, 1992, the following
paragraph (c)(184)(i)(B)(2) was added to Sec. 52.220.
(2) Rules 1162 and 1173, adopted on December 7, 1990.
(3) Rules 1153 and 1164, adopted on January 4, 1991, and December 7,
1990, respectively.
[[Page 175]]
(4) New Rule 1174, adopted on October 5, 1990.
(5) Rule 1103, adopted on December 7, 1990.
(6) Rule 464, adopted on December 7, 1990.
(7) Rules 201, 203, 205, 209, 214 to 217 amended on January 5, 1990
and Rule 201.1 adopted on January 5, 1990.
(8) Rule 208, adopted on January 5, 1990.
(9) Previously approved on August 11, 1992 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1123.
(C) Bay Area Air Quality Management District.
(1) Rule 8-37, adopted on October 17, 1990.
(2) Regulation 6, adopted on December 19, 1990.
(D) San Diego County Air Pollution Control District.
(E) Yolo-Solano Air Quality Management District.
(1) Rule 2.24, adopted on November 14, 1990.
(F) Tehama County Air Pollution Control District.
(1) Rule 1.2, adopted April 25, 1989.
(2) Rule 3.12, adopted on April 25, 1989.
(185) New and amended regulations for the following APCD's were
submitted on May 30, 1991, by the Governor's designee.
(i) Incorporation by reference.
(A) Kern County Air Pollution Control District.
(1) Rules 410.6 and 410.6A, adopted on May 6, 1991.
(2) Rule 410.5, adopted on May 6, 1991.
(3) Rule 410.4A, adopted on May 6, 1991.
(4) Amended Rule 410.1, adopted on May 6, 1991.
(5) Amended Rules 414 and 414.1 and New Rule 414.5, adopted on May
6, 1991.
(6) Revised Rule 410.4, adopted on May 6, 1991.
(7) Rule 410.3 and Rule 412, adopted on May 6, 1991.
(8) [Reserved]
(9) Rule 410.7, adopted May 6, 1991.
(B) San Diego County Air Pollution Control District.
(1) Rule 67.2, adopted on May 21, 1991.
(2) Rule 67.7, adopted on May 21, 1991.
(3) [Reserved]
(4) Amended Rule 67.16, adopted on May 21, 1991.
(5) Rule 67.1, adopted on May 21, 1991.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 467.1 and 467.2, adopted on April 11, 1991.
(2) Rule 460.2, adopted on April 11, 1991.
(3) New Rule 460.1, adopted on April 11, 1991.
(4) New Rules 463.4, 464.1, and 464.2, adopted on April 11, 1991.
(5) New Rule 461.2, adopted on April 11, 1991.
(6) Amended Rules 465.3 and 466.1, adopted April 11, 1991.
(7) Previously approved on April 24, 1992 and now deleted without
replacement Rule 467.1.
(D) Placer County Air Pollution Control District.
(1) Amended Rule 215, adopted on September 25, 1990.
(186) New and amended regulations for the following APCDs were
submitted on October 25, 1991, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Amended Rules 447 adopted April 30, 1991.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 468.1, adopted on May 16, 1991.
(C) South Coast Air Quality Management District.
(1) Rule 1104, adopted March 1, 1991.
(D) Ventura County Air Pollution Control District.
(1) Rule 62.6, adopted on July 16, 1991.
(2) Rule 103, adopted on June 4, 1991.
(E) Santa Barbara County Air Pollution Control District.
(1) Rule 105 adopted on July 30, 1991.
(F) Northern Sierra Air Pollution Control District.
(1) Rules 302 to 312, adopted on November 10, 1988.
(187) New and amended regulations for the following APCDs were
submitted on January 28, 1992, by the Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
[[Page 176]]
(1) Rule 463.1, adopted on September 19, 1991.
(2) Rule 460.2 adopted on September 19, 1991.
(3) New Rule 463.2, adopted on September 19, 1991.
(4) New Rule 460.4, adopted on September 19, 1991.
(5) Rule 461.1 and Rule 465.2, adopted on September 19, 1991.
(6) Rule 465.1, adopted on September 19, 1991.
(B) Ventura County Air Pollution Control District.
(1) New Rule 74.17, adopted on September 17, 1991.
(2) Rule 74.1, adopted on November 12, 1991.
(3) New rules 150 to 159 amended on September 17, 1991.
(4) Rules 26.A (``General''), 26.8 and 26.9 adopted on October 22,
1991.
(C) South Coast Air Quality Management District.
(1) Rule 1142, adopted on June 19, 1991.
(2) Rule 1135, adopted on July 19, 1991.
(3) Previously approved on December 13, 1994 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1142.
(D) San Diego County Air Pollution Control District.
(1) New rules 127, 128, and 130 amended on September 17, 1991.
(188) New and amended regulations for the following APCDs were
submitted on June 19, 1992, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Rule 339, adopted on November 5, 1991.
(2) Rule 331, adopted on December 10, 1991.
(3) Rule 342, adopted on March 10, 1992.
(4) Rule 329, adopted on February 25, 1992.
(B) San Bernardino County Air Pollution Control District.
(1) Rule 1116, adopted on March 2, 1992.
(C) South Coast Air Quality Management District.
(1) Rule 1171, adopted on August 2, 1991.
(2) Rule 465, amended on November 1, 1991.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.18, adopted on January 28, 1992.
(2) Rule 74.6, adopted on December 10, 1991.
(3) Rule 74.3, adopted on December 10, 1991.
(4) Rule 29 adopted on October 22, 1991.
(E) [Reserved]
(F) Sacramento Metropolitan Air Quality Management District.
(1) Rules 448 and 449 adopted on December 17, 1991.
(189) New and amended regulations for the following APCDs were
submitted on September 14, 1992, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1115, adopted on March 6, 1992.
(2) Rule 1126, adopted on March 6, 1992.
(3) Rule 1128, adopted on February 7, 1992, and Rule 1141, adopted
on April 3, 1992.
(4) Rules 1125 and 1136, adopted on August 2, 1991.
(5) New Rule 1179, adopted March 6, 1992.
(6) Rule 109 adopted on March 6, 1992, and Rule 1106.1 adopted on
May 1, 1992.
(7) Rule 1141.1, adopted on November 4, 1983 and amended on March 6,
1992.
(B) Ventura County Air Pollution Control District.
(1) Rule 71.1 and Rule 71.3, adopted on June 16, 1992.
(2) Rule 74.10, adopted on June 16, 1992.
(3) Rule 74.14, adopted on May 26, 1992.
(C) Bay Area Air Quality Management District.
(1) Rule 8-49, adopted on August 21, 1992.
(2) Regulation 9 Rule 1, amended on May 20, 1992.
(190) New and amended regulations for the following APCDs were
submitted on November 12, 1992, by the Governor's designee.
(i) Incorporation by reference.
[[Page 177]]
(A) Ventura County Air Pollution Control District.
(1) Revised Rule 74.19, adopted August 11, 1992.
(2) Rule 74.2 revised on August 11, 1992.
(3) Rule 24 adopted on September 15, 1992.
(B) Bay Area Air Quality Management District.
(1) Rule 8-18, adopted on March 4, 1992.
(191) New and amended regulations for the following APCDs were
submitted on January 11, 1993, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1145, adopted on January 10, 1992.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 346, adopted on October 13, 1992.
(C) San Bernardino County Air Pollution Control District.
(1) Rule 463, adopted on November 2, 1992.
(D) Kern Couny Air Pollution Control District.
(1) Rule 412.1, adopted on November 9, 1992.
(192) New and amended regulations for the following APCDs were
submitted on April 6, 1993, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Air Quality Management District.
(1) Rule 456, adopted on February 23, 1993.
(2) Rule 454, adopted on February 23, 1993.
(3) Revised Rule 450, adopted February 23, 1993.
(193) New and amended regulations for the following APCDs were
submitted on May 13, 1993, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1106, adopted on August 2, 1991; Rule 1107, adopted on
August 2, 1991; and Rule 1151, adopted on September 6, 1991.
(2) Rule 1130 adopted on March 6, 1992.
(3) Rule 1122, adopted on April 5, 1991.
(B) San Luis Obispo County Air Pollution Control District.
(1) Rule 417, adopted February 9, 1993.
(C) Butte County Air Pollution Control District.
(1) Rule 241, adopted on January 12, 1993.
(D) Glenn County Air Pollution Control District.
(1) Section 51, adopted on March 16, 1993.
(E) Ventura County Air Pollution Control District
(1) Rule 26.7 adopted on December 22, 1992.
(194) New and amended regulations for the following APCDs were
submitted on November 18, 1993, by the Governor's designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District.
(1) Rule 70, adopted on May 4, 1993; Rule 71, adopted on June 8,
1993; and Rule 71.4, adopted on June 8, 1993.
(2) Rule 59, adopted on September 15, 1992.
(3) Rule 74.15.1, adopted on May 11, 1993.
(4) Rule 74.21, adopted on April 6, 1993.
(5) Rule 74.20, adopted on June 8, 1993.
(B) Kern County Air Pollution Control District.
(1) Rule 410.4, adopted on July 12, 1993.
(2) Rule 425, adopted on August 16, 1993.
(3) Previously submitted to EPA on June 28, 1982 and approved in the
Federal Register on May 3, 1984 and now removed without replacement,
Rule 425.
(4) Rule 424 adopted on April 19, 1993.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4603, adopted on May 20, 1993.
(2) Rule 4621, adopted on May 20, 1993.
(3) Rule 4802, adopted on May 21, 1992, and amended on December 17,
1992.
(4) Rules 2031, 2070, 2080, and 2092 adopted on May 21, 1992 and
amended on December 17, 1992.
(D) Santa Barbara County Air Pollution Control District.
(1) Rule 349, adopted on April 27, 1993.
(E) San Diego County Air Pollution Control District.
[[Page 178]]
(1) Rule 67.12, adopted on April 6, 1993.
(2) Amended Rule 19, adopted April 6, 1993.
(F) Monterey Bay Unified Air Pollution Control District
(1) Rule 417, Rule 418, and Rule 427, adopted on August 25, 1993.
(2) Rule 425, adopted on August 25, 1993.
(3) Rule 420 and Rule 426, adopted on August 25, 1993.
(4) Previously submitted to EPA on February 6, 1975 and approved in
the Federal Register on July 13, 1987 and now removed without
replacement, Rule 428.
(5) Rule 300--Regulation 3, Part 4, Paragraph 4.4 adopted on June 9,
1993.
(G) Mendocino County Air Quality Management District.
(1) Rule 130 (p6), (t2), and (t3) adopted April 6, 1993.
(H) South Coast Air Quality Management District.
(1) Rule 403.1, adopted on January 15, 1993.
(195) New and amended regulations for the following APCDs were
submitted on February 11, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) San Diego Air Pollution Control District.
(1) Rule 67.17, adopted on September 21, 1993.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.22, adopted on November 9, 1993.
(2) Rule 59, adopted on October 12, 1993.
(196) New and amended regulations for the following APCDs were
submitted on March 29, 1994 by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Sacramento Metropolitan AQMD rules 442, 443, 446, 447, and 452
adopted on November 16, 1993.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.9, adopted on December 21, 1993.
(2) Rule 15.1 adopted on October 12, 1993.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 316, adopted on December 14, 1993.
(2) Rules 325 & 326, adopted on January 25, 1994 and December 14,
1993, respectively.
(3) Rule 343, adopted on December 14, 1993.
(D) Yolo-Solano Air Quality Management District.
(1) Rule 3.2, adopted on August 25, 1993; and rules 3.14 and 3.15,
adopted on September 22, 1993.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 213, amended on February 16, 1994.
(197) New and amended regulations for the following APCDs were
submitted on May 24, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 1162, 1173, 1175 and 1176, adopted on May 13, 1994.
(2) Rule 463, adopted on March 11, 1994.
(B) Bay Area Air Quality Management District.
(1) Rule 8-6, adopted on February 2, 1994. Rule 8-5, adopted on
January 20, 1993.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4622, adopted on February 17, 1994.
(2) Rule 4681, adopted on December 16, 1993.
(3) Rules 4302 and 4303, adopted on May 21, 1992 and amended on
December 16, 1993.
(4) Rule 4103, adopted on December 16, 1993.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.24, adopted on March 8, 1994.
(2) Rule 56, adopted on October 22, 1968, as amended on March 29,
1994.
(E) El Dorado County Air Pollution Control District.
(1) Rules 501, 523, 524, and 525 adopted on April 26, 1994.
(198) New and amended regulations for the following APCDs were
submitted on July 13, 1994, by the Governor's designee.
[[Page 179]]
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Revised Rule 8-8, adopted on June 15, 1994.
(B) Placer County Air Pollution Control District.
(1) Rule 230, adopted on June 28, 1994.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4407, adopted on May 19, 1994.
(2) Rule 4682 adopted on June 16, 1994 and Rule 4684 adopted on May
19, 1994.
(3) Rule 4607, adopted on May 19, 1994.
(D) Sacramento Metropolitan Air Quality Management District.
(1) Rule 458, adopted on June 7, 1994.
(E) Mojave Desert Air Quality Management District.
(1) Rules 461 and 462, adopted on May 25, 1994.
(2) Rule 1117 adopted June 22, 1994.
(F) Monterey Bay Unified Air Pollution Control District.
(1) Rule 430, adopted on May 25, 1994.
(2) Rule 416, adopted April 20, 1994.
(G) [Reserved]
(H) South Coast Air Quality Management District.
(1) Rule 1146 and Rule 1146.1, adopted May 13, 1994.
(I) San Diego County Air Pollution Control District.
(1) Rule 67.10, adopted on June 15, 1994.
(2) Rule 60 adopted on May 17, 1994.
(J) Ventura County Air Pollution Control District.
(1) Rule 74.28, adopted on May 10, 1994.
(2) Rule 74.30 adopted May 17, 1994.
(3) Rule 64, amended June 14, 1994.
(4) Rule 54, amended on June 14, 1994.
(K) Santa Barbara County Air Pollution Control District.
(1) Rule 354, adopted June 28, 1994.
(2) Rule 359, adopted on June 28, 1994.
(199) New and amended regulations for the following APCDs were
submitted on September 28, 1994 by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Regulation 8, Rules 11 and 16 adopted on June 15, 1994, and
Regulation 8, Rule 28 adopted on June 1, 1994.
(2) Regulation 8, Rules 14 and 43 adopted on June 1, 1994, and
regulation 8, Rules 13, 23, 47 adopted on June 15, 1994.
(3) Rules 8-25 and 8-42, adopted on June 1, 1994 and Rule 8-50,
adopted on June 15, 1994.
(4) Rule 8-22, adopted on June 1, 1994.
(5) Rules 8-29, 8-33, and 8-39, adopted on June 1, 1994, and Rules
8-19 and 8-38, adopted on June 15, 1994.
(6) Rules 8-4, 8-7, 8-15, 8-31, and 8-41 adopted on June 1, 1994.
Rules 8-1, 8-2, 8-12, 8-20, 8-24, 8-30, 8-34, 8-35, and 8-40 adopted on
June 15, 1994. Rule 8-32 adopted on July 6, 1994.
(7) [Reserved]
(8) Regulation 2, Rule 2 and Rule 4 adopted on June 15, 1994.
(B) San Luis Obispo County Air Pollution Control District.
(1) Rule 419, adopted July 12, 1994.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rules 433 and 434, adopted June 15, 1994.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4352, adopted on September 14, 1994.
(2) Rule 4354, adopted on September 14, 1994.
(3) Rules 6010, 6020, 6040, 6050, 6060, 6070, 6080, 6081, 6090,
6100, 6110, 6120, 6130, 6140, and 6150 were adopted on May 21, 1992;
amended on December 17, 1992.
(4) Rule 4301, adopted on May 21, 1992, as amended on December 17,
1992.
(5) Rule 1010 adopted on June 18, 1992 and Rule 1130 adopted on June
18, 1992 and amended on December 17, 1992.
(6) Rules 1110, 1140, 1150, 2010, and 2040 amended on December 17,
1992.
(7) Rule 4202, adopted on December 17, 1992.
(E) Yolo-Solano Air Quality Management District.
(1) Rule 2.34, adopted on July 13, 1994.
(2) Rule 2.32 adopted on August 10, 1994.
(200) Program elements were submitted on November 13, 1992 by the
Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on October 15, 1992.
(201) A plan for the following agency was submitted on November 7,
1994 by the Governor's designee.
[[Page 180]]
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) California's Opt-out Program, Executive Order G-125-145, dated
November 7, 1994.
(202) New and amended regulations for the following APCDs were
submitted on October 19, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Rule 2-1, adopted on June 15, 1994.
(B) Kern County Air Pollution Control District.
(1) Rule 425.3, adopted on October 13, 1994.
(2) Rule 425.1 adopted on October 13, 1994.
(C) San Diego County Air Pollution Control District. (1) Rule 67.4,
adopted on September 27, 1994.
(2) Rule 67.16, adopted on September 20, 1994.
(3) Rule 69.2, adopted on September 27, 1994.
(4) Rule 68, adopted on September 20, 1994.
(5) Rule 69.4, adopted on September 27, 1994.
(6) Rule 69.3, adopted on September 27, 1994.
(D) Mojave Desert Air Quality Management District.
(1) Rule 464, adopted August 24, 1994.
(E) Placer County Air Pollution Control District.
(1) Rule 250, adopted on October 17, 1994.
(2) Rule 233, adopted on October 6, 1994.
(F) Yolo-Solano Air Quality Management District.
(1) Rule 3.1, adopted on February 23, 1994.
(203) New and amended regulations for the following APCDs were
submitted on October 20, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) El Dorado County Air Pollution Control District.
(1) Rule 233 adopted on October 18, 1994.
(2) Rule 229 adopted on September 27, 1994.
(204) New and amended plans and regulations for the following
agencies were submitted on November 15, 1994, by the Governor's
designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) Title 17, California Code of Regulations, Subchapter 8.5,
Consumer Products, Article 1, Antiperspirants and Deodorants, Sections
94500-94506.5 and Article 2, Consumer Products, Sections 94507-94517,
adopted on December 27, 1990, August 14, 1991, and September 21, 1992.
(2) Title 13, California Code of Regulations, Diesel Fuel
Regulations, Sections 2281-2282, adopted on August 22, 1989, June 21,
1990, April 15, 1991, October 15, 1993, and August 24, 1994.
(3) Title 13, California Code of Regulations, Reformulated Gasoline
Regulations, Sections 2250, 2252, 2253.4, 2254, 2257, 2260, 2261,
2262.1, 2262.2, 2262.3, 2262.4, 2262.5, 2262.6, 2262.7, 2263, 2264,
2266-2272, and 2296, 2297, adopted on April 1, 1991, May 23, 1991, and
September 18, 1992.
(4) Long Term Measures, Improved Control Technology for Light-Duty
Vehicles (Measure M2), Off-Road Industrial Equipment (Diesel), Consumer
Products Long-Term Program (Measure CP4), and Additional Measures
(Possible Market-Incentive Measures and Possible Operational Measures
Applicable to Heavy-Duty Vehicles), as contained in ``The California
State Implementation Plan for Ozone, Volume II: The Air Resources
Board's Mobile Source and Consumer Products Elements,'' adopted on
November 15, 1994.
(5) Mid-Term Measures, Accelerated Ultra-Low Emission Vehicle (ULEV)
requirement for Medium-Duty Vehicles (Measure M3), Heavy-Duty Vehicles
NOX regulations (Measure M5), Heavy-Duty Gasoline Vehicles
lower emission standards (Measure M8), Industrial Equipment, Gas & LPG--
3-way catalyst technology (Measure M11), Mid-Term Consumer Products
(Measure CP-2), as contained in The California State Implementation Plan
for Ozone, Volume II: The Air Resources Board's Mobile Source and
Consumer Products Elements, adopted on Nov. 15, 1994.
(6) State control measures: Accelerated Retirement of LDV's (Measure
M1), Early Introduction of 2g/bhp-hr Heavy Duty Diesel Vehicles (Measure
M4), Accelerated Retirement of Heavy-
[[Page 181]]
Duty Vehicles (Measure M7), Aerosol Paints (Measure CP3), and California
Department of Pesticide Regulation's Pesticide Plan, as contained in
``The California State Implementation Plan for Ozone, Volume II: The Air
Resources Board's Mobile Source and Consumer Products Elements,''
adopted on November 15, 1994, and tables of local agency control
measures and revisions to local Rate-of-Progress plan elements as
contained in ``The California State Implementation Plan for Ozone,
Volume IV: ``Local Plans,'' adopted on November 15, 1994.
(B) South Coast Air Quality Management District.
(1) Long Term Measures, Advance Technology for Coating Technologies
(Measure ADV-CTS-01), Advance Technology for Fugitives (Measure ADV-
FUG), Advance Technologies for Process Related Emissions (Measure ADV-
PRC), Advance Technologies for Unspecified Stationary Sources (Measure
ADV-UNSP), and Advance Technology for Coating Technologies (Measure ADV-
CTS-02), as contained in the ``1994 Air Quality Management Plan,''
adopted on September 9, 1994.
(2) Control measures, emissions inventory, modeling, and ozone
attainment demonstration, as contained in ``1994 Air Quality Management
Plan,'' adopted on September 9, 1994.
(C) San Diego Air Pollution Control District.
(1) Emissions inventory, 15% Rate-of-Progress plan, Post-1996 Rate-
of-Progress plan, modeling, and ozone attainment demonstration, as
contained in ``1994 Ozone Attainment and Rate-of-Progress Plans for San
Diego County,'' adopted on November 1, 1994.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Control measures, emissions inventory, 15% Rate-of-Progress
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment
demonstration, as contained in ``San Joaquin Valley Attainment and Rate-
of-Progress Plans,'' adopted on November 14, 1994.
(E) Ventura County Air Pollution Control District.
(1) Control measures, emissions inventory, 15% Rate-of-Progress
plan, Post-1996 Rate-of-Progress plan, modeling, and ozone attainment
demonstration, as contained in ``1994 Air Quality Management Plan for
Ventura County,'' adopted on November 8, 1994.
(F) Mojave Desert Air Quality Management District.
(1) Control measures, emissions inventory, modeling, and ozone
attainment demonstration, as contained in ``Rate-of-Progress and
Attainment Demonstration Plans for the Mojave Desert,'' adopted on
October 26, 1994.
(205) New and amended plans for the following APCDs were submitted
on December 28, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) Kern County Air Pollution Control District.
(1) Emissions inventory, modeling, and ozone attainment
demonstration, as contained in ``Rate-of-Progress and Attainment
Demonstration Plans for the Kern County Air Pollution Control
District,'' adopted on December 1, 1994.
(B) Bay Area Air Quality Management District.
(1) Amendments to the San Francisco Bay Area Redesignation Request
and Maintenance Plan for the National Ozone Standard and 1990 Emissions
Inventory adopted on September 7, 1994 by the Bay Area Air Quality
Management District, October 5, 1994 by the Metropolitan Transportation
Commission, and August 24, 1994 by the Association of Bay Area
Governments.
(2) Federal General Conformity Regulation, adopted on September 7,
1994.
(206) Amended rule for the following APCD was submitted on November
23, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) San Diego County Air Pollution Control District.
(1) Rule 67.3, adopted on November 1, 1994.
(207) New and amended regulations for the following APCDs were
submitted on November 30, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) Placer County Air Pollution Control District.
(1) Rule 223, adopted on October 6, 1994.
(2) Rules 101, 102, 103, 201, 202, 203, 204, 208, 209, 210, 211,
213, 214, 217, 219, 220, 221, 222, 225, 226, 228, 406, 407, and 408,
[[Page 182]]
adopted on October 19, 1993; deletion of 104 for Lake Tahoe Air Basin
and Mountain Counties Air Basin submitted on 08/21/ 79 and 10/15/79,
respectively.
(B) El Dorado County Air Pollution Control District.
(1) Rule 224, adopted on September 27, 1994.
(2) Rule 231, adopted September 27, 1994.
(3) Rule 215, adopted on September 27, 1994.
(4) Rules 225 and 230 adopted September 27, 1994.
(5) Rule 502, adopted on November 8, 1994.
(C) Yolo-Solano Air Quality Management District.
(1) Rule 2.21, adopted on March 23, 1994.
(2) Rule 2.28, adopted on May 25, 1994.
(3) Rules 2.25 and 2.33, adopted April 27, 1994 and September 14,
1994, respectively.
(4) Rule 2.13 adopted May 25, 1994.
(5) Rule 2.35, adopted on September 14, 1994.
(6) Rule 2.29, adopted on May 25, 1994.
(7) Rule 2.31, adopted on April 27, 1994.
(8) Rule 2.23 adopted on March 23, 1994.
(D) Mojave Desert Air Quality Management District.
(1) Rule 1102, adopted October 26, 1994.
(2) Rule 1104 adopted September 28, 1994.
(3) Rule 1157 and Rule 1160, adopted on October 26, 1994.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 419, adopted on November 23, 1994.
(2) Appendix G General Conformity, adopted on October 19, 1994.
(F) Great Basin Unified Air Pollution Control District.
(1) Regulation XIII, adopted on October 5, 1994.
(G) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 9110, adopted on October 20, 1994.
(H) Santa Barbara County Air Pollution Control District.
(1) Rule 702, adopted on October 20, 1994.
(I) South Coast Air Quality Management District.
(1) Rule 1901, adopted on September 9, 1994.
(208) New and amended regulations for the following APCDs were
submitted on December 19, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) Placer County Air Pollution Control District.
(1) Rule 410, adopted on November 3, 1994.
(2) Rule 212, adopted on November 3, 1994.
(209) Redesignation Request and Ozone Maintenance Plan for the
redesignation of the Monterey Bay Unified Air Pollution Control District
submitted on July 14, 1994 and November 14, 1994, respectively, by the
Governor's designee.
(i) Incorporation by reference.
(A) Maintenance Plan for the redesignation of the Monterey Bay Area
adopted on October 19, 1994 by the Monterey Bay Unified Air Pollution
Control District, October 12, 1994 by the Association of Monterey Bay
Area Governments, and October 6, 1994 by the Council of San Benito
County Governments.
(210) New and amended regulations for the following APCDs were
submitted on December 22, 1994 by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Rule 8-45, adopted on November 2, 1994.
(B) San Diego County Air Pollution Control District.
(1) Rule 67.18, adopted on December 13, 1994.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1103, adopted on December 21, 1994.
(2) Rule 471, adopted on December 21, 1994.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 1002, adopted on November 23, 1994.
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4651, adopted on December 17, 1992.
[[Page 183]]
(F) Feather River Air Quality Management District.
(1) Rule 10.4, adopted on November 7, 1994.
(G) Placer County Air Pollution Control District.
(1) Rule 508, adopted on November 3, 1994.
(H) Sacramento Metropolitan Air Quality Management District.
(1) Rule 104, adopted on November 3, 1994.
(211) Revised Clean Air Plans for ozone for the following APCDs
submitted on November 14, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara Air Pollution Control District
(1) TCM-5, Improve Commuter Public Transit Service, adopted on
November 2, 1994
(2) Emissions inventory, 15% Rate-of-Progress plan, and control
measures, as contrained in ``1994 Clean Air Plan for Santa Barbara
County,'' adopted on November 2, 1994.
(212) Ozone redesignation request for the Bay Area Air Quality
Management District submitted on November 5, 1993, by the Governor's
designee.
(i) Incorporation by reference.
(A) Redesignation request for the San Francisco Bay Area and the
Ozone Maintenance Plan for the National Ozone Standard adopted on
September 1, 1993 by the Bay Area Air Quality Management District,
September 22, 1993 by the Metropolitan Transportation Commission, and
September 16, 1993 by the Association of Bay Area Governments.
(213) California Statewide emission inventory submitted on March 30,
1995, by the Governor's designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) 1990 Base-Year Emission Inventory for Ozone Nonattainment Areas
in California.
(i) Sacramento, San Diego, San Joaquin Valley, South Coast,
Southeast desert, Ventura.
(ii) Santa Barbara.
(iii) Monterey Bay Area.
(214) New and amended regulations for the following APCDs were
submitted on January 24, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1151, adopted on December 9, 1994.
(B) San Diego County Air Pollution Control District.
(1) Rule 61.1 adopted on January 10, 1995.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 337, adopted October 20, 1994.
(2) Rule 344, adopted on November 10, 1994.
(D) Ventura County Air Pollution Control District.
(1) Rule 74.15, adopted on November 8, 1994.
(2) Rule 74.26 and Rule 74.27, adopted on November 8, 1994.
(E) Placer County Air Pollution Control District.
(1) Rule 215, adopted on November 3, 1994.
(215) New and amended regulations for the following APCDs were
submitted on February 24, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 1125 and 1126, adopted on January 13, 1995.
(2) Rule 1153 adopted on January 13, 1995.
(3) Rule 1106, adopted on January 13, 1995.
(4) Rule 1164, adopted on January 13, 1995.
(5) Rule 1124, adopted January 13, 1995.
(6) Previously approved on July 14, 1995 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1106.
(B) Ventura County Air Pollution Control District.
(1) Rule 74.12 adopted on January 10, 1995.
(2) Rule 71 and Rule 71.5, adopted on December 13, 1994.
(3) Rule 74.18 adopted December 13, 1994.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4403, adopted on February 16, 1995.
[[Page 184]]
(D) Yolo-Solano Air Pollution Control District.
(1) Rule 2.26 adopted November 9, 1994.
(2) Rule 2.37 adopted on November 9, 1994.
(E) Imperial County Air Pollution Control District.
(1) Rule 925, adopted on November 29, 1994.
(216) New and amended regulations for the following APCDs were
submitted on March 31, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Mojave Desert Air Quality Management District.
(1) Rule 1116, adopted on February 22, 1995.
(2) Rule 221, adopted December 21, 1994.
(3) Rule 1159, adopted on February 22, 1995.
(4) Rule 1114 adopted February 22, 1995.
(B) Bay Area Air Quality Management District.
(1) Amended Regulation 2, Rule 1, Section 129 adopted on February 1,
1995; Amended Regulation 2, Rule 6, Sections 232, 234, 310, 311, 403,
404, 420, 421, 422, 423 adopted on February 1, 1995.
(217) New and amended regulations for the following APCDs were
submitted on February 28, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Amended Regulation 2, Rule 1, Sections 102, 129, 204, 213, 214,
215, 216, 217, 218, 219, 302, 408, 411 adopted November 3, 1993; and New
Regulation 2, Rule 6, Sections 206, 207, 210, 212, 213, 214, 218, 222,
230, 231, 301, 311, 401, 402, 403, 404, 420, 421, 422, 602 adopted
November 3, 1993.
(B) Lake County Air Pollution Control District.
(1) New Regulation 12, section 12.200 (a4), (c2), (d1), (d2), (d3),
(e3), (f1), (f2), (m1), (o1), (p1), (p2), (s3), and sections 12.800-
12.850, adopted October 19, 1993.
(C) South Coast Air Quality Management District.
(1) Rules 204, 206, and 210 amended on October 8, 1993.
(218) New and amended regulations for the Bay Area Air Quality
Management District were submitted on April 29, 1994 by the Governor's
designee.
(i) Incorporation by reference.
(A) New Regulation 2, Rule 6, Sections 310 and 423 adopted November
3, 1993.
(219) New and amended regulations for the following APCDs were
submitted on April 13, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Rule 339, adopted December 15, 1994.
(220) New and amended regulations for the following APCDs were
submitted on May 24, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Rule 323, adopted March 16, 1995.
(B) Placer County Air Pollution Control District.
(1) Rule 218, adopted on February 9, 1995.
(2) Rule 236 adopted on February 9, 1995.
(3) Rule 244, adopted on February 9, 1995.
(C) South Coast Air Quality Management District.
(1) Rule 1121, adopted on March 10, 1995.
(D) San Diego County Air Pollution Control District.
(1) Rule 1501, adopted on March 7, 1995.
(221) New and amended regulations for the following APCDs were
submitted on May 25, 1995 by the Governor's designee.
(i) Incorporation by reference.
(A) Kern County Air Pollution Control District.
(1) Rule 411 and Rule 413, adopted on April 6, 1995.
(2) Rule 410.4, adopted on April 6, 1995.
(3) Rule 425.2, adopted on April 6, 1995.
(B) Butte County Air Quality Management District.
(1) Rule 1103, adopted on February 16, 1995.
[[Page 185]]
(222) New and amended regulations for the following APCDs were
submitted on June 16, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 1107, 1115, and 1171 adopted on May 12, 1995.
(2) Previously approved on July 14, 1995 and now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District Rule 1115.
(B) El Dorado County Air Pollution Control District.
(1) Rule 234, adopted on April 25, 1995.
(C) Sacramento Metropolitan Air Quality Management District.
(1) Rule 411, adopted on February 2, 1995.
(2) Rule 413, adopted on April 6, 1995.
(3) Rule 412, adopted on June 1, 1995.
(D) San Diego County Air Pollution Control District.
(1) Rule 67.24, adopted on March 7, 1995.
(223) Revised ozone transportation control measure (TCM) for the San
Joaquin Valley submitted on March 2, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Railroad Grade Separations TCM, adopted on September 14, 1994.
(224) New and amended regulations for the following APCDs were
submitted on August 10, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 448 and rule 449, adopted on February 2, 1995.
(B) Ventura County Air Pollution Control District.
(1) Rule 70, adopted on May 9, 1995.
(2) Rule 220, adopted on May 9, 1995.
(3) Rule 74.5.2, adopted on May 5, 1995.
(C) Mojave Desert Air Quality Management District.
(1) Rules 1400, 1401, 1402, 1404. Adopted on June 28, 1995.
(2) Rule 103 amended on June 28, 1995.
(D) Monterey Bay Unified Air Pollution Control District.
(1) Rule 436, adopted on May 17, 1995.
(E) Santa Barbara County Air Pollution Control District.
(1) Amended Rule 370 adopted on June 15, 1995.
(225) New and amended regulations for the following APCDs were
submitted on October 13, 1995 by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 1130 and 1136 adopted September 8, 1995.
(2) Rule 462, revised on June 9, 1995.
(3) Rule 1166, adopted on July 14, 1995.
(4) Rule 1149, adopted on December 4, 1987 and amended on July 14,
1995.
(B) Placer County Air Pollution Control District.
(1) Rule 238, adopted June 8, 1995.
(2) Rule 212, adopted on June 8, 1995.
(3) Rule 239, revised June 8, 1995.
(4) Rule 235, adopted on June 8, 1995.
(5) Rule 216 adopted on June 8, 1995.
(C) El Dorado County Air Pollution Control District.
(1) Rules 236 and 237, adopted on July 25, 1995 and June 27, 1995,
respectively.
(2) Rule 235 adopted on June 27, 1995.
(3) Rule 520 adopted on June 27, 1995.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4602, adopted June 15, 1995.
(E) Monterey Bay Unified Air Pollution Control District.
(1) Rule 431, adopted on August 16, 1995.
(F)(1) Rule 330, adopted on April 21, 1995.
(G) Ventura County Air Pollution Control District.
(1) Rule 74.15.1 revised on June 13, 1995.
(2) Rules 10, 11, 12, 13, 14, 15 and 16 adopted on June 13, 1995.
(226) Air Quality Management Plan for the following APCD was
submitted on September 11, 1991, by the Governor's designee.
(i) Incorporation by reference.
(A) Great Basin Unified Air Pollution Control District.
(1) Air Quality Management Plan for the Mammoth Lakes PM-10 Planning
Area adopted December 12, 1990.
(227) New regulation for the following APCD was submitted on October
18, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
[[Page 186]]
(1) Rule 2530, adopted on June 15, 1995.
(228) Air Quality Management Plans for the following APCD were
submitted on January 9, 1992, by the Governor's designee.
(i) Incorporation by reference.
(A) Great Basin Unified Air Pollution Control District.
(1) Revisions to the Air Quality Management Plan for Mammoth Lakes
PM-10 Planning Area adopted November 6, 1991.
(i) Rule 431 adopted November 6, 1991.
(ii) Town of Mammoth Lakes Municipal Code Chapter 8.30 dated October
2, 1991.
(229) New and amended regulations for the following APCDs were
submitted on January 31, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 461, adopted on September 8, 1995.
(2) Rule 701, adopted on September 9, 1995.
(230) New and amended regulations for the following APCDs were
submitted on March 26, 1996, by the Governors designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District.
(1) Rule 74.7, adopted on October 10, 1995.
(2) Rule 74.23, adopted on October 10, 1995.
(3) Rule 74.29, adopted on October 10, 1995.
(B) South Coast Air Quality Management District.
(1) Rule 1134, adopted on December 7, 1995.
(2) Rule 102 amended on November 17, 1995.
(C) Kern County Air Pollution Control District.
(1) Rule 427, adopted on January 25, 1996.
(2) Rule 427 adopted on July 2, 1998.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4352, amended on October 19, 1995.
(231) New and amended regulations for the following APCDs were
submitted on May 10, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Unified APCD.
(1) Rules 207 and 215, adopted on March 20, 1996.
(B) Kern County Air Pollution Control District.
(1) Rule 102 and Rule 410.3, adopted on March 7, 1996.
(2) Rule 410.1, Rule 410.5, Rule 411, and Rule 414.5 amended on
March 7, 1996.
(3) Rule 414, adopted on March 7, 1996.
(4) Rule 410.4A, adopted on May 6, 1991 and amended on March 7, 1996
and Rule 410.7, adopted on June 29, 1981 and amended on March 7, 1996.
(5) [Reserved]
(6) Rule 410.4, adopted on June 26, 1979 and amended on March 7,
1996.
(7) Rules 413 adopted on April 18, 1972 and Rule 414.1 adopted on
January 9, 1979, both amended on March 7, 1996.
(C) Mojave Desert Air Quality Management District.
(1) Rule 2002, adopted on October 26, 1994.
(232) New regulations for the following APCD were submitted on March
21, 1994, by the Governor's designee:
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Regulation XX, adopted October 15, 1993.
(2) Previously approved on November 8, 1996 now deleted without
replacement for implementation in the Antelope Valley Air Pollution
Control District, Regulation XX.
(233) New and amended plans for the following agencies were
submitted on December 29, 1994, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) 15% Rate-of-Progress plan and Post-1996 Rate-of-Progress plan
for the Los Angeles-South Coast Air Basin Area, as contained in the
``Rate-of-Progress Plan Revision: South Coast Air Basin & Antelope
Valley & Coachella/San Jacinto Planning Area,'' adopted on December 9,
1994.
(B) Sacramento Metropolitan Air Quality Management District.
[[Page 187]]
(1) Emissions inventory, Post-1996 Rate-of-Progress plan, modeling,
and ozone attainment demonstration, as contained in ``Sacramento Area
Attainment and Rate-of-Progress Plans,'' adopted by Sacramento
Metropolitan Air Quality Management District on December 1, 1994; by
Feather River Air Quality Management District on December 12, 1994; by
El Dorado County Air Pollution Control District on December 13, 1994; by
Yolo-Solano Air Pollution Control District on December 14, 1994; and by
Placer County Air Pollution Control District on December 20, 1994.
(234) The California Vehicle Inspection and Maintenance Program was
submitted on January 22, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) Motor Vehicle Inspection and Maintenance Program adopted on
January 22, 1996.
(i) Health and Safety Code: Division 26, Part 5 Sec. 39032.5;
Chapter 5. Motor Vehicle Inspection Program, Article 1, Article 2,
Article 3, Article 4, Article 5, Article 6, Article 7, Article 8,
Article 9.
(ii) Business and Professions Code, Chapter 20.3, Automotive Repair,
Article 4, Sec. 9886, Sec. 9886.1, Sec. 9886.2, Sec. 9886.4.
(iii) Vehicle Code Sec. 4000.1, Sec. 4000.2, Sec. 4000.3,
Sec. 4000.6.
(iv) Title 16, California Code or Regulations, Division 33, Bureau
of Automotive Repair, Article 5.5, Motor Vehicle Inspection Program,
Sec. 3340.1, Sec. 3340.5, Sec. 3340.6, Sec. 3340.10, Sec. 3340.15,
Sec. 3340.16, Sec. 3340.16.5, Sec. 3340.16.6, Sec. 3340.17,
Sec. 3340.18, Sec. 3340.22, Sec. 3340.22.1, Sec. 3340.22.2,
Sec. 3340.22.3, Sec. 3340.23, Sec. 3340.24, Sec. 3340.28, Sec. 3340.29,
Sec. 3340.30, Sec. 3340.31, Sec. 3340.32, Sec. 3340.32.1, Sec. 3340.33,
Sec. 3340.33.1, Sec. 3340.35, Sec. 3340.35, Sec. 3340.36, Sec. 3340.41,
Sec. 3340.41.3, Sec. 3340.41.5, Sec. 3340.42, Sec. 3340.42.1.,
Sec. 3340.50, Sec. 3340.50.1, Sec. 3340.50.3, Sec. 3340.50.4,
Sec. 3340.50.5.
(235) [Reserved]
(236) New and amended plans for the following agencies were
submitted on June 13, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) Letter dated June 13, 1996, from James D. Boyd to David
Howekamp, including ``Corrections to State and Local Measures''
(Attachment A) and ``Summary Emission Reduction Spreadsheets''
(Attachment C).
(237) New and amended plans for the following agencies were
submitted on July 10, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Revised rule adoption schedule, adopted on April 12, 1996.
(238) New and amended plans for the following agencies were
submitted on July 12, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District.
(1) ``Revised Rule Adoption and Implementation Schedule'' (Table 4-
2) and ``Architectural Coatings'' (Appendix E-95, Tables E-43 and E-45)
contained in ``Ventura County 1995 Air Quality Management Plan
Revision,'' adopted on December 19, 1995.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Post-1996 Rate-of-Progress plan, as contained in ``San Joaquin
Valley Revised Post-1996 Rate-of-Progress Plans,'' adopted on September
20, 1995.
(239) New and amended regulations for the following APCDs were
submitted on July 23, 1996, by the Governor's designee:
(i) Incorporation by reference.
(A) Mojave Desert Air Quality Management District.
(1) Rules 1300-1306, adopted on March 25, 1996.
(2) Rule 1115, adopted on March 2, 1992, and amended on April 22,
1996.
(B) South Coast Air Quality Management District.
(1) Rule 1128, adopted on May 4, 1979 and amended on March 8, 1996,
and Rule 1130, adopted on October 3, 1980 and amended on March 8, 1996.
(C) Kern County Air Pollution Control District.
(1) Rules 101, 112, 113, 114, and 115 amended on May 2, 1996.
(D) Ventura County Air Pollution Control District.
(1) Rule 2 amended on April 9, 1996.
(E) Bay Area Air Quality Management District.
(1) Rule 9-7 adopted on September 15, 1993, Rule 9-8 adopted on
January 20,
[[Page 188]]
1993, Rule 9-9 adopted on September 21, 1994, and Rule 9-12 adopted on
January 19, 1994.
(2) Rule 8-4, Rule 8-11, Rule 8-12, Rule 8-13, Rule 8-14, Rule 8-19,
Rule 8-20, Rule 8-23, Rule 8-29, Rule 8-31, Rule 8-32, Rule 8-38, Rule
8-43, Rule 8-45, Rule 8-50 amended on December 20, 1995.
(3) Rule 8-3, adopted on March 1, 1978, revised on December 20,
1995.
(4) Rule 9-11 amended November 15, 1995.
(5) Rule 8-26, adopted on May 7, 1980 and amended on December 20,
1995.
(6) Rule 9-10 adopted on January 5, 1994.
(F) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 8010, 8020, 8030, 8040, 8060, and 8070 adopted on April
25, 1996.
(240) New and amended regulations for the following APCD were
submitted on August 28, 1996 by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rules 212, 1301, 1302, 1309, 1309.1, 1310, and 1313, adopted on
December 7, 1995, Rule 1303, adopted on May 10, 1996, and Rules 1304 and
1306, adopted on June 14, 1996.
(2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2011--Appendix
A, 2012, 2012--Appendix A, and 2015 adopted on October 15, 1993 and
amended on December 7, 1995.
(3) Rule 2012(j)(3)--Testing Guidelines (Protocol) for Alternative
Nitrogen Oxides Emission Rate Determination at Process Units, dated
March 31, 1994, adopted on December 7, 1995.
(4) Rule 2005 adopted on October 15, 1993 and amended on May 10,
1996.
(5) Rule 1136 adopted on September 16, 1983 and amended on June 14,
1996.
(241) New and amended regulations for the following APCD were
submitted on October 18, 1996 by the Governor's designee.
(i) Incorporationed by reference.
(A) San Diego County Air Pollution Control District.
(1) Rules 2, Definitions; 67.0, Architectural Coatings; 67.1,
Alternative Emission Control Plans; 67.2, Dry Cleaning Equipment Using
Petroleum-Based Solvents; 67.3, Metal Parts and Products Coating
Operations; 67.5, Paper, Film, and Fabric Coating Operations; 67.7,
Cutback and Emulsified Asphalts; 67.12, Polyester Resin Operations;
67.15, Pharmaceutical and Cosmetic Manufacturing Operations; 67.16,
Graphic Arts Operations; 67.17, Storage of Materials Containing Volatile
Organic Compounds; 67.18, Marine Coating Operations; and 67.24, Bakery
Ovens, adopted on May 15, 1996.
(2) Rule 67.4, revised on May 15, 1996.
(3) Rule 66, adopted on July 1, 1972, revised on July 25, 1995.
(4) Rule 19.3 adopted on May 15, 1996.
(5) Rule 67.19, adopted May 15, 1996.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.27, revised on August 14, 1996.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.19.1, adopted on June 11, 1996.
(2) Rules 74.6.1, 74.6.2, and 74.6.3, adopted on July 9, 1996.
(3) Rule 23 adopted on July 9, 1996.
(D) Kern County Air Pollution Control District.
(1) Rules 416 and 417, adopted on April 18, 1972 and amended on July
11, 1996.
(242) New and amended regulations for the following APCDs were
submitted on November 26, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) Mojave Desert AQMD.
(1) Rule 1118, adopted on October 28, 1996.
(B) South Coast Air Quality Management District.
(1) Rule 1113, adopted on September 2, 1977 and amended on November
8, 1996.
(243) Transportation Air Quality Conformity Procedures and
Transportation Conformity Consultation Procedures for the following AQMD
were submitted on December 16, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) ``The San Francisco Bay Area Transportation Air Quality
Conformity Procedures,'' which includes sections 93.100-93.104 and
sections 93.106-93.136, adopted on November 6, 1996.
(2) ``The San Francisco Bay Area Transportation Air Quality
Conformity
[[Page 189]]
Interagency Consultation Procedures,'' adopted on November 6, 1996.
(244) New and amended regulations for the following APCDs were
submitted on March 3, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Unified Air Pollution Control District.
(1) Rule 101 revised on November 13, 1996.
(2) Rule 404, adopted on October 16, 1996.
(3) Rule 207, amended on December 18, 1996.
(4) Rule 434, adopted on December 18, 1996.
(5) Rule 426 revised December 18, 1996.
(B) San Diego County Air Pollution Control District.
(1) Amended Rule 10, adopted July 25, 1995.
(C) Mojave Desert Air Quality Management District.
(1) Rule 1114 adopted on March 2, 1992 and amended on November 25,
1996.
(D) South Coast Air Quality Management District.
(1) Rule 1130.1, adopted on August 2, 1991 and amended on December
13, 1996.
(E) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 6030 adopted on May 21, 1992; amended on November 13, 1996.
(F) Santa Barbara County Air Pollution Control District.
(1) Rule 323 revised July 18, 1996.
(G) Ventura County Air Pollution Control District.
(1) Rules 74.12, 74.13, 74.18, 74.19, 74.24, and 74.30, amended on
September 10, 1996.
(245) New and amended regulations for the following APCDs were
submitted on March 26, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Yolo-Solano Air Quality Management District.
(1) Rule 3.4, adopted on December 11, 1996.
(B) San Diego County Air Pollution Control District.
(1) Amended Rule 21, adopted November 29, 1994.
(C) Monterey Bay Unified Air Pollution Control District.
(1) Rule 430, amended on January 15, 1997.
(246) New and amended regulations for the following APCDs were
submitted on October 28, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) Northern Sierra Air Quality Management District.
(1) Rules 101, 202, 203, 204, 206, 207, 208, 209, 210, 221, 222,
223, 225, 300, 301, 314, 315, and 317, adopted on September 11, 1991,
Rule 102 adopted on May 11, 1994, Rule 313 adopted on June 10, 1992, and
Rule 316 adopted on August 14, 1996.
(2) Rule 211, adopted on September 11, 1991.
(247) New and amended plans for the following agency were submitted
on February 5, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Carbon monoxide emissions inventory, VMT forecasts and
commitments to monitor actual VMT levels and revise and replace the VMT
projections as needed in the future, as contained in the South Coast
1997 Air Quality Management Plan.
(2) Nitrogen dioxide attainment plan and maintenance plan, as
contained in the South Coast 1997 Air Quality Management Plan, adopted
on November 15, 1996.
(3) Baseline and projected emissions inventories and ozone
attainment demonstration, as contained in the South Coast 1997 Air
Quality Management Plan for ozone.
(248) New and amended regulations for the following APCDs were
submitted on August 1, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) San Diego County Air Pollution Control District
(1) Rule 67.10 adopted on June 25, 1997.
(2) Rule 67.9, adopted on April 30, 1997.
(3) Rules 52, 53, 54, amended on January 27, 1997.
(B) South Coast AQMD.
(1) Rule 1124, adopted on December 13, 1996.
(2) Rule 403, amended on February 14, 1997, and Rule 1186, adopted
on February 14, 1997.
[[Page 190]]
(3) Rule 1145, adopted on July 8, 1983 and amended on February 14,
1997.
(C) Placer County Air Pollution Control District.
(1) Rule 239, adpoted on November 3, 1994 and amended on February
13, 1997.
(D) Mojave Desert Air Quality Management District.
(1) Rule 1157, amended May 19, 1997.
(E) Ventura County Air Pollution Control District.
(1) Rule 70 revised on May 13, 1997.
(F)(1) Regulation 8, Rule 45, adopted on November 6, 1996.
(249) New and amended regulations for the following APCD's were
submitted on September 8, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1122, adopted on March 2, 1979 and amended on July 11,
1997.
(2) Rule 701, amended on June 13, 1997.
(B) Kern County Air Pollution Control District.
(1) Rule 425.2 adopted on October 13, 1994 and amended on July 10,
1997.
(250) New regulations for the following APCD were submitted on
October 31, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Rule 1301 adopted on September 18, 1997.
(251) New and amended plans for the following agency were submitted
on November 5, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District.
(1) Commitments to adopt and implement control measures contained in
the Ventura 1997 Air Quality Management Plan, adopted on October 21,
1997.
(252) Air Quality Management Plan for the following APCD was
submitted on December 28, 1992, by the Governor's designee.
(i) Incorporation by reference. (A) San Joaquin Valley Unified Air
Pollution Control District.
(1) Federal 1992 Air Quality Attainment Plan for Carbon Monoxide and
Appendices adopted on November 18, 1992.
(253) Carbon Monoxide Redesignation Request and Maintenance Plan for
ten federal planning areas submitted on July 3, 1996, by the Governor's
designee.
(i) Incorporation by reference.
(A) California Air Resources Board. (1) Carbon Monoxide
Redesignation Request and Maintenance Plan for the following areas:
Bakersfield Metropolitan Area, Chico Urbanized Area, Fresno Urbanized
Area, Lake Tahoe North Shore, Lake Tahoe South Shore, Modesto Urbanized
Area, Sacramento Area, San Diego Area, San Francisco-Oakland-San Jose
Area, and Stockton Urbanized Area adopted on April 26, 1996.
(254) New and amended regulations for the following APCDs were
submitted on March 10, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District
(1) Rule 4401 adopted on January 15, 1998.
(2) Rule 4605, adopted on December 19, 1991 and amended on December
19, 1996.
(3) Rules 4602 and 4607, adopted on April 11, 1991 and amended on
September 17, 1997.
(4) Rule 4661, adopted on December 17, 1992.
(B) Northern Sonoma County Air Pollution Control District.
(1) Rule 130 amended on July 25, 1995.
(C) Santa Barbara County Air Pollution Control District.
(1) Rule 102 amended on April 17, 1998.
(2) Rule 339, adopted on November 5, 1991 and revised on April 17,
1997.
(3) Rule 321, adopted on February 24, 1971 and revised on September
18, 1997.
(4) Rule 342 amended on April 17, 1997.
(5) Rule 316 revised on April 17, 1997.
(D) South Coast Air Quality Management District.
(1) Rule 102 amended on June 13, 1997.
(2) Rule 1151, adopted on July 8, 1988 and amended on June 13, 1997,
and Rule 1171, adopted on August 2, 1991 and amended on June 13, 1997.
(3) Rule 1302, amended December 7, 1995.
(4) Rule 1134 adopted on August 8, 1997.
[[Page 191]]
(E) Antelope Valley Air Pollution Control District.
(1) Resolution No. 97-01 dated July 1, 1997.
(2) Rules 101 and 102 amended on August 19, 1997 and Rule 103
amended on September 16, 1997.
(F) Bay Area Air Quality Management District.
(1) Regulation 5, adopted on November 2, 1994.
(G) Monterey Bay Unified Air Pollution Control District.
(1) Rule 431, adopted on December 17, 1997.
(H) Mojave Desert Air Quality Management District.
(1) Rules 474, 475, and 476 adopted on August 25, 1997.
(2) Rule 1158, adopted on February 22, 1995 and amended on August
25, 1997.
(I) Sacramento Metropolitan Air Quality Management District.
(1) Rule 414, adopted August 1, 1996.
(J) Lake County Air Quality Management District.
(1) Rule 640, as amended on July 15, 1997; and Rule 1350, adopted on
October 15, 1996.
(2) Sections (Rules) 433, adopted on July 15, 1997.
(K) Ventura County Air Pollution Control District.
(1) Rule 59, adopted on October 6, 1969 and amended on July 15,
1997.
(255) New and amended regulations for the following APCD's were
submitted on May 18, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 450, adopted on July 23, 1981 and amended on December 5,
1996, and Rule 459, adopted on December 7, 1995 and amended on October
2, 1997.
(2) Rules 101, 442, 443, 447, 452, 456, and 458, adopted on
September 5, 1996.
(3) Rule 454, adopted on June 5, 1979 and amended on April 3, 1997.
(4) Rule 413, amended May 1, 1997.
(B) North Coast Unified Air Quality Management District.
(1) Rule 130 amended September 26, 1997.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1020, amended December 18, 1997.
(D) Lake County Air Quality Management District.
(1) Rule 1002, as amended on March 19, 1996.
(E) Placer County Air Pollution Control District.
(1) Rule 102, adopted June 19, 1997.
(F) [Reserved]
(G) Ventura County Air Pollution Control District.
(1) Rules 26.1, 26.2, 26.3, 26.4, 26.5, 26.6 and 26.10 adopted on
January 13, 1998.
(256) New and amended regulations for the following APCDs were
submitted on June 23, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Regulation 1, revised on November 3, 1993.
(2) Rule 8-51, adopted on November 18, 1992 and amended on January
7, 1998.
(B) San Diego County Air Pollution Control District.
(1) Rule 50, adopted on August 13, 1997.
(C) Kern County Air Pollution Control District.
(1) Rule 410.3, adopted on June 26, 1979 and revised on May 7, 1998.
(2) Rule 409, adopted on April 18, 1972, as amended on May 7, 1998.
(D) Antelope Valley Air Pollution Control District.
(1) Rule 701 was amended on January 20, 1998.
(E) El Dorado County Pollution Control District .
(1) Rule 239 adopted on March 24, 1998.
(F) Ventura County Air Pollution Control District.
(1) Rule 74.10, adopted on September 29, 1981 and amended on March
10, 1998.
(G) Sacramento Metropolitan Air Quality Management District.
(1) Rule 447 amended on April 2, 1998.
(257) Plan revisions for the Coachella Valley Planning Area were
submitted on February 16, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Fugitive dust control ordinances for: City of Cathedral City
Ordinance No. 377, adopted on February 18, 1993; City of Coachella
Ordinance No. 715, adopted on October 6, 1993; City of Desert Hot
Springs Ordinance No. 93-2,
[[Page 192]]
adopted on May 18, 1993; City of Indian Wells Ordinance No. 313, adopted
on February 4, 1993; City of Indio Ordinance No. 1138, adopted on March
17, 1993; City of La Quinta Ordinance No. 219, adopted on December 15,
1992; City of Palm Desert Ordinance No. 701, adopted on January 14,
1993; City of Palm Springs Ordinance No. 1439, adopted on April 21,
1993; City of Rancho Mirage Ordinance No. 575, adopted on August 5,
1993; and County of Riverside Ordinance No. 742, adopted on January 4,
1994.
(258) New and amended regulations for the following APCD's were
submitted on June 3, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Unified Air Pollution Control District.
(1) Rule 433, adopted on June 15, 1994 and revised on March 26,
1997.
(2) Rule 215, amended on March 26, 1997.
(3) Rule 425, adopted on March 26, 1997.
(259) New and amended regulations for the following APCDs were
submitted on December 3, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) Yolo-Solano Air Quality Management District.
(1) Rule 10.3, adopted on February 8, 1995.
(260) New and amended regulations for the following APCDs were
submitted on October 27, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Rule 101, amended on September 3, 1998.
(261) New and amended regulations for the following APCDs were
submitted on January 12, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Unified Air Pollution Control District.
(1) Rule 101, adopted November 12, 1998.
(262) New and amended regulations for the following APCDs were
submitted on February 16, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) Bay Area Air Quality Management District.
(1) Regulation 1, adopted on October 7, 1998.
(B) Ventura County Air Pollution Control District.
(1) Rule 2, adopted November 10, 1998.
(2) Rule 74.24.1, adopted on November 10, 1998.
(3) Rule 74.6, revised on November 10, 1998.
(C) South Coast Air Quality Management District.
(1) Rule 1107, adopted on June 1, 1979 and amended on August 14,
1998.
(2) Rule 1151, adopted on December 11, 1998.
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4606 adopted on December 19, 1991 and amended on December
17, 1998.
(E) Antelope Valley Air Pollution Control District.
(1) Rule 225, adopted March 17, 1998.
(263) New and amended regulations for the following APCDs were
submitted on May 13, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1103, adopted on March 12, 1999.
(2) Rule 102 adopted on February 4, 1977 and amended on June 12,
1998.
(3) Rules 403 and 1186, amended on December 11, 1998.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 102 adopted on January 21, 1999.
(2) Rule 351 adopted on August 24, 1993 and amended on August 20,
1998.
(C) Sacramento Metropolitan Air Quality Management District.
(1) [Reserved]
(2) Rule 464, adopted on July 23, 1998.
(D) Tehama County Air Pollution Control District.
(1) Rule 4:31 adopted on March 14, 1995, Rule 4:34 adopted on June
3, 1997, and Rule 4:37 adopted on April 21, 1998. (EAD)
(2) Rule 4.14 adopted on November 3, 1998.
(264) New and amended regulations for the following APCDs were
submitted on June 3, 1999, by the Governor's designee.
(i) Incorporation by reference.
[[Page 193]]
(A) South Coast Air Quality Management District.
(1) Rule 462, adopted on May 14, 1999.
(2) Rule 1106.1, adopted on May 1, 1992, and amended on February 12,
1999.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.30, adopted on April 14, 1999.
(C) Ventura County Air Pollution Control District.
(1) Rule 64, adopted on April 13, 1999.
(265) New and amended plans for the following agencies were
submitted on May 20, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) California Air Resources Board.
(1) Executive Order G-99-037, dated May 20, 1999, State commitment
to continue working with U.S. EPA and the affected parties to achieve
the emission reductions identified in the SIP for federal measures, and
to adopt by December 31, 2000, and submit as a SIP revision, a revised
attainment demonstration for the federal one-hour ozone standard in the
South Coast Air Basin, and adopt by December 31, 2001, control measures
needed to achieve any additional emission reductions which are
determined to be appropriate for ARB; Attachment A, update to the 1994
ozone SIP for the South Coast.
(266) New and amended regulations for the following APCDs were
submitted on September 29, 1998 by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1168, adopted on April 7, 1989, and amended February 13,
1998.
(2) Rule 431.1, adopted on November 4, 1997 and amended on June 12,
1998.
(B) San Joaquin Valley Unified Air Pollution Control District.
(2) Rule 4354, adopted on April 16, 1998.
Editorial Note: At 65 FR 55196, Sept. 13, 2000, paragraph
(c)(266)(i)(B)(2) was added. However, paragraph (c)(266)(i)(B)(2)
already exists. The recently added paragraph follows.
(2) Rule 4653, adopted on March 19, 1998.
(267) New plan for Owens Valley PM-10 Planning Area for the
following agency was submitted on December 10, 1998 by the Governor's
designee.
(i) Incorporation by reference.
(A) Great Basin Unified APCD.
(1) Owens Valley PM-10 Planning Area Demonstration of Attainment
State Implementation Plan, Section 7-4, Commitment to adopt 2003 SIP
Revision and Section 8-2, the Board Order adopted on November 16, 1998
with Exhibit 1.
(268) New and amended regulations for the following agencies were
submitted on July 23, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 2005 adopted on April 9, 1999.
(B) Mojave Desert Air Quality Management District.
(1) Rule 1116 revised on April 26, 1999.
(C) Lake County Air Quality Management District.
(1) Section (Rule) 226.5, adopted on September 13, 1988.
(269) New and amended regulations for the following APCDs were
submitted on September 7, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) Kern County Air Pollution Control District.
(1) Rule 102, adopted on April 18, 1972 and amended on July 1, 1999.
(B) San Diego County Air Pollution Control District.
(1) Rule 2, adopted on June 30, 1999.
(C) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 1020, adopted on June 18, 1992 and amended on June 17,
1999.
(D) South Coast Air Quality Management District.
(1) Rule 102, adopted on February 4, 1997 and amended on April 9,
1999.
(270) New and amended regulations for the following APCDs were
submitted on October 29, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) Ventura County Air Pollution Control District.
(1) Rule 37 adopted September 14, 1999.
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 207, amended on September 15, 1999.
(C) South Coast Air Quality Management District.
[[Page 194]]
(1) Amended Rule 465, adopted on August 13, 1999.
(2) Rule 1104 adopted on April 7, 1978 and amended on August 13,
1999.
(D) Santa Barbara County Air Pollution Control District.
(1) Rule 353, adopted on August 19, 1999.
(E) Antelope Valley Air Pollution Control District.
(1) Rule 1151 adopted on July 20, 1999.
(271) New and amended regulations for the following agencies were
submitted on August 22, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 2002 adopted on February 14, 1997.
(272) New and amended plan for the following agency was submitted on
February 4, 2000, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) SCAQMD commitment to adopt and implement short- and
intermediate-term control measures; SCAQMD commitment to adopt and
implement long-term control measures; SCAQMD commitment to achieve
overall emissions reductions for the years 1999-2008; SCAQMD commitment
to implement those measures that had been adopted in regulatory form
between November 1994 and September 1999; rate-of-progress plan for the
1999, 2002, 2005, 2008, and 2010 milestone years; amendment to the
attainment demonstration in the 1997 Air Quality Management Plan for
ozone; and motor vehicle emissions budgets for purposes of
transportation conformity, as contained in the 1999 Amendment to the
South Coast 1997 Air Quality Management Plan.
(273) New and amended regulations for the following APCD's were
submitted on August 21, 1998, by the Governor's designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4621, amended on June 18, 1998.
(274) New and amended regulations for the following APCD were
submitted on June 29, 1995, by the Governor's designee.
(i) Incorporation by reference.
(A) Mojave Desert Air Quality Management District.
(1) Rule 1161, adopted on June 28, 1995.
(275) New and amended plan for the following agency was submitted on
March 19, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Control measures 333, 352, 353, T13, T18, T21, and T22; 1999
rate-of-progress plan; and motor vehicle emissions budgets (cited on
page 5-4), as contained in the Santa Barbara 1998 Clean Air Plan.
(ii) Additional materials.
(A) Santa Barbara County Air Pollution Control District.
(1) Baseline and projected emissions inventories, and ozone
attainment demonstration, as contained in the Santa Barbara 1998 Clean
Air Plan.
(276) New and amended regulations for the following APCDs were
submitted on February 23, 2000, by the Governor's designee.
(i) Incorporation by reference.
(A) Monterey Bay Unified Air Pollution Control District.
(1) Rules 101 and 102, adopted on December 15, 1999.
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4661, adopted on December 9, 1999.
(277) New and amended regulations for the following APCDs were
submitted on March 28, 2000, by the Governor's designee.
(i) Incorporation by reference.
(A) Santa Barbara County Air Pollution Control District.
(1) Rule 330, adopted on June 11, 1979 and amended on January 20,
2000.
(B) Sacramento Metropolitan Air Quality Management District.
(1) Rule 701, adopted on May 27, 1999.
(C) Bay Area Air Quality Management District.
(1) Rule 8-11 adopted on January 24, 1979 and amended on November
19, 1997.
(2) Rule 8.20, amended on March 3, 1999.
(3) [Reserved]
[[Page 195]]
(4) Rule 8-40 amended December 15, 1999.
(278) New and amended regulations for the following APCDs were
submitted on January 21, 2000, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1130 amended on October 8, 1999.
(B) Santa Barbara County Air Pollution Control District.
(1) Rule 352 adopted on September 16, 1999.
(C) Ventura County Air Pollution Control District.
(1) Rule 74.11.1 adopted on September 14, 1999.
(279) New and amended regulations for the following APCDs were
submitted on May 26, 2000, by the Governor's designee.
(i) Incorporation by reference.
(A) Imperial County Air Pollution Control District.
(1) Rule 426 amended September 14, 1999
[37 FR 10850, May 31, 1972]
Editorial Notes: 1. For Federal Register citations affecting
Sec. 52.220, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
2. At 65 FR 20913, Apr. 19, 2000, paragraph (c)(263)(i)(C)(2) was
added; however paragraph (c)(263)(i)(C) and (c)(263)(i)(C)(1) did not
exist in the 1999 edition of this volume.
3. At 65 FR 34104, May 26, 2000 paragraph (c)(248)(i)(F)(1) was
added; however paragraph (c)(248)(i)(F) did not exist in the 1999
edition of this volume.
4. The following amendment could not be incorporated into
Sec. 52.220 because of inaccurate amendatory instruction. For the
convenience of the user, the amendatory instruction and text is set
forth as follows:
At 65 FR 47863, August 4, 2000, Sec. 52.220 was amended in part by
adding and removing paragraph (c)(263)(i)(C)(1). The added text is as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(263) * * *
(i) * * *
(C) * * *
(1) Rule 464, adopted on July 23, 1998.
* * * * *
Effective Date Note 1: At 65 FR 79317, Dec. 19, 2000, Sec. 52.220
was amended by adding paragraph (c)(262)(i)(E), effective Jan. 18, 2001,
through Jan. 11, 2003.
Effective Date Note 2: At 66 FR 21877, May 2, 2001, Sec. 52.220 was
amended by adding paragraphs (c)(54)(viii)(C), (c)(86)(ii)(B),
(c)(124)(xii)(B), (c)(138)(i)(B), (c)(168)(i)(A)(4), (c)(222)(i)(E),
(c)(230)(i)(E), and (c)(231)(i)(D), effective July 2, 2001. For the
convenience of the user, the added text is set forth as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(54) * * *
(viii) * * *
(C) Previously approved on May 27, 1982 in paragraph (viii)(B) of
this section and now deleted Rules 4.5A and 4.5B.
* * * * *
(86) * * *
(ii) * * *
(B) Previously approved on May 27, 1982 in paragraph (ii)(A) of this
section and now deleted Rule 4.9.
* * * * *
(124) * * *
(xii) * * *
(B) Previously approved on June 1, 1983 in paragraph (xii)(A) of
this section and now deleted Rules 4-6 and 4-6A.
* * * * *
(138) * * *
(i) * * *
(B) Previously approved on November 18, 1983 in paragraph (i)(A) of
this section and now deleted without replacement Rules 4-3 and Rule 4-
11.
* * * * *
(168) * * *
(i) * * *
(A) * * *
(4) Rule 424, adopted on August 6, 1985.
* * * * *
(222) * * *
(i) * * *
(E) Butte County Air Quality Management District.
[[Page 196]]
(1) Rule 403, adopted on November 9, 1993.
* * * * *
(230) * * *
(i) * * *
(E) Butte County Air Quality Management District.
(1) Rule 422, adopted on September 18, 1990.
* * * * *
(231) * * *
(i) * * *
(D) Butte County Air Quality Management District.
(1) Rule 1105, adopted on February 15, 1996.
* * * * *
Effective Date Note 3: At 66 FR 28668, May 24, 2001, Sec. 52.220 was
amended by adding paragraphs (c)(262)(i)(E)(2), effective July 23, 2001.
For the convenience of the user, the added text follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(262) * * *
(i) * * *
(E) * * *
(2) Rule 1171, adopted on November 17, 1998.
* * * * *
Effective Date Note 4: At 66 FR 30817, June 8, 2001, Sec. 52.220 was
amended by adding paragraphs (c)(198)(i)(B)(2) and (c)(280), effective
Aug. 7, 2001. For the convenience of the user the added text is set
forth as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(198) * * *
(i) * * *
(B) * * *
(2) Rule 229, adopted on June 28, 1994.
* * * * *
(280) New and amended regulations for the following APCDs were
submitted on July 26, 2000, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1189, adopted on January 21, 2000.
* * * * *
Effective Date Note 5: At 66 FR 31556, June 12, 2001, Sec. 52.220
was amended by adding paragraph (c)(279)(i)(B), effective Aug. 13, 2001.
For the convenience of the user the added text follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(279) * * *
(i) * * *
(B) Monterey Bay Unified Air Pollution Control District.
(1) Rule 404, Monterey Bay Unified APCD, adopted on March 22, 2000.
* * * * *
Sec. 52.221 Classification of regions.
The California plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
North Coast Intrastate............................... II III III III III
San Francisco Bay Area Intrastate.................... II II III I I
North Central Coast Intrastate....................... II III III III I
South Central Coast Intrastate....................... III III III III III
Metropolitan Los Angeles Intrastate.................. I II I I I
Northeast Plateau Intrastate......................... III III III III III
Sacramento Valley Intrastate......................... II III III I I
San Joaquin Valley Intrastate........................ I III III I I
Great Basin Valley Intrastate........................ III III III III III
Southeast Desert Intrastate.......................... I III III III I
San Diego Intrastate................................. II III III I I
Lake County Intrastate............................... II III III III III
Lake Tahoe Intrastate................................ II III III I I
[[Page 197]]
Mountain Counties Intrastate......................... II III III I I
----------------------------------------------------------------------------------------------------------------
[37 FR 10850, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46
FR 3884, Jan. 16, 1981]
Sec. 52.222 Negative declarations.
(a) The following air pollution control districts submitted negative
declarations for volatile organic compound source categories to satisfy
the requirements of section 182 of the Clean Air Act, as amended. The
following negative declarations are approved as additional information
to the State Implementation Plan.
(1) Mojave Desert Air Quality Management District.
(i) Natural Gas and Gasoline Processing Equipment and Chemical
Processing and Manufacturing were submitted on July 13, 1994 and adopted
on May 25, 1994.
(ii) Asphalt Air Blowing was submitted on December 20, 1994 and
adopted on October 26, 1994.
(iii) Vacuum Producing Devices or Systems was submitted on December
29, 1994 and adopted on December 21, 1994.
(iv) Synthetic Organic Chemical Manufacturing Industry (SOCMI)
Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset
Lithography, Industrial Wastewater, Plastic Parts Coating (Business
Machines), Plastic Parts (Other), and Ship Building were submitted on
August 7, 1995 and adopted on June 28, 1995.
(2) Sacramento Metropolitan Air Quality Management District.
(i) Plastic Parts Coating: Business Machines and Plastic Parts
Coating: Other were submitted on June 6, 1996 and adopted on May 2,
1996.
(3) Santa Barbara County Air Pollution Control District.
(i) Industrial Wastewater, Plastic Parts Coating: Business Machines,
Plastic Parts Coating: Other, Industrial Cleaning Solvents, Offset
Lithography, and Shipbuilding Coatings were submitted on July 12, 1996
and adopted on May 16, 1996.
(4) Placer County Air Pollution Control District.
(i) Aerospace Coatings; Industrial Waste Water Treatment; Plastic
Parts Coating: Business Machines; Plastic Parts Coating: Other;
Shipbuilding and Repair; Synthetic Organic Chemical Manufacturing, Batch
Plants; and Synthetic Organic Chemical Manufacturing, Reactors were
submitted on February 25, 1998 and adopted on October 7, 1997.
(5) San Diego County Air Pollution Control District.
(i) Synthetic organic chemical manufacturing (distillation),
synthetic organic chemical manufacturing (reactors), wood furniture,
plastic parts coatings (business machines), plastic parts coatings
(other), offset lithography, industrial wastewater, autobody
refinishing, and volatile organic liquid storage were submitted on
February 25, 1998 and adopted on October 22, 1997.
(6) Antelope Valley Air Pollution Control District.
(i) Motor Vehicle Assembly Line Coating Operations submitted on
January 12, 1999 and adopted on November 18, 1997.
(ii) Refinery Process Turnarounds submitted on February 16, 1999 and
adopted on November 18, 1997.
(iii) Marine Vessel Coating Operations, Marine Tank Vessel
Operations, and Thermal Enhanced Oil Recovery Wells submitted on June
23, 1998 and adopted on January 20, 1998.
(iv) Pharmaceuticals and Cosmetic Manufacturing Operations submitted
on March 28, 2000 and adopted on January 18, 2000.
(b) The following air pollution control districts submitted negative
declarations for oxides of nitrogen source categories to satisfy the
requirements of section 182 of the Clean Air Act, as
[[Page 198]]
amended. The following negative declarations are approved as additional
information to the State Implementation Plan.
(1) Sacramento Metropolitan Air Quality Management District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and
Steel Manufacturing Plants were submitted on March 4, 1996, and adopted
on August 3, 1995.
(2) San Joaquin Valley Unified Air Pollution Control District.
(i) Nitric and Adipic Acid Manufacturing Plants, Cement
Manufacturing Plants, Asphalt Batch Plants, Iron and Steel Manufacturing
Plants, and Driers were submitted on October 17, 1994 and adopted on
September 14, 1994.
(3) Placer County Air Pollution Control District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and
Steel Manufacturing Plants were submitted on February 25, 1998 and
adopted on October 9, 1997.
(4) Antelope Valley Air Pollution Control District.
(i) Boilers and Process Heaters In Petroleum Refineries submitted on
May 13, 1999 and adopted on April 21, 1998.
(ii) Cement Kilns and Glass Melting Furnaces submitted on July 23,
1999 and adopted on March 16, 1999.
(iii) Nitric Acid Units submitted on March 28, 2000 and adopted on
January 18, 2000.
[60 FR 47076, Sept. 11, 1995 as amended at 61 FR 56474, 56476, Nov. 1,
1996; 62 FR 40937, July 31, 1997; 62 FR 43647, Aug. 15, 1997; 63 FR
50766, 50769, Sept. 23, 1998; 65 FR 31270, May 17, 2000; 65 FR 66177,
Nov. 3, 2000]
Sec. 52.223 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves California's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act.
(b) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph. In addition, continued satisfaction of the requirements of
Part D for the ozone portion of the State Implementation Plan (SIP)
depends on the adoption and submittal of reasonably available control
technology (RACT) requirements by July 1, 1980, for sources covered by
Control Technique Guidelines (CTGs) issued between January 1978 and
January 1979 and adoption and submittal by each subsequent January of
additional RACT requirements for sources covered by CTGs issued by the
previous January.
(1) Imperial County for O3.
(2) North Central Coast Air Basin for O3.
(3) South Coast Air Basin for O3, CO, NO2, and
PM.
(4) San Diego Air Basin for O3, CO, and TSP.
(5) San Joaquin Valley Air Basin.
(i) Kern County nonattainment area for ozone, CO, SO2,
and PM.
(ii) Kings County for O3 and TSP.
(iii) Madera County for O3 and TSP.
(iv) Merced County for O3 and TSP.
(v) San Joaquin County for CO, O3 and TSP.
(vi) Stanislaus County for CO, O3 and TSP.
(vii) Tulare County for O3 and TSP.
(viii) Fresno County for O3, CO, and TSP.
(6) South Central Coast Air Basin.
(i) Santa Barbara County nonattainment area for O3, CO
and TSP.
(ii) Ventura County for O3, CO and TSP.
(7) Sacramento Valley Air Basin.
(i) Butte County for O3 and CO.
(ii) Sutter County for O3.
(iii) Yuba County for O3.
(iv) Sacramento AQMA for O3.
(v) Sacramento County Metropolitan Area for CO.
(8) Southeast Desert Air Basin.
(i) Los Angeles County for Ozone.
(ii) San Bernardino County for Ozone.
(iii) Riverside County for Ozone.
(9) San Francisco Bay Area Air Basin for O3, CO and TSP.
(10) Mountain Counties Air Basin.
(i) El Dorado County (Mountain Counties Air Basin portion) for
O3.
(ii) Placer County (Mid-County portion) for O3.
(c) [Reserved]
[[Page 199]]
(d) With the exceptions set forth in this subpart, the Administrator
approves the plan with respect to Part D, Title I of the Clean Air Act,
as amended in 1977, for the nonattainment areas listed in this
paragraph.
(1) Lake Tahoe Basin for CO.
(2) EPA approves the CO plan for the Lake Tahoe Basin as meeting the
requirements of Part D. This approval includes the resolution of the
Lake Tahoe Regional Planning Agency banning new source construction
pending the adoption of a new regional plan and ordinances. However, EPA
disapproves the plan for any future time during which the Tahoe Regional
Planning Agency may remove its construction ban prior to EPA approval of
the new regional plan and ordinances.
[45 FR 74484, Nov. 11, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 52.223, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.224 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
except in certain Air Pollution Control Districts (APCD) as indicated in
this paragraph since the plan does not provide procedures by which
emission data, as correlated with applicable emission limitations, will
be made available to the public.
(1) The following APCD's meet the requirements of Sec. 51.116(c) of
this chapter:
(i) Siskiyou County APCD.
(ii) San Diego County APCD.
(iii) Great Basin Unified APCD.
(iv) Del Norte County APCD.
(v) Humboldt County APCD.
(vi) Mendocino County APCD.
(vii) Northern Sonoma County APCD.
(viii) Trinity County APCD.
(ix) Amador County APCD.
(2) The following APCD's do not provide for the correlation of
emission data with applicable emission limitations as required by
Sec. 51.116(c) of this chapter. In these APCD's, only the requirements
of Sec. 52.224(b)(4) are in effect:
(i) Merced County APCD.
(ii) Stanislaus County APCD.
(iii) Fresno County APCD.
(iv) Calaveras County APCD.
(v) Tuolumne County APCD.
(vi) San Joaquin County APCD.
(vii) Mariposa County APCD.
(viii) Tulare County APCD.
(ix) Kern County APCD.
(x) Madera County APCD.
(xi) Yolo-Solano APCD.
(xii) Sutter County APCD.
(xiii) Glenn County APCD.
(xiv) Tehama County APCD.
(xv) Sierra County APCD.
(xvi) Shasta County APCD.
(xvii) Sacramento County APCD.
(xviii)-(xix) [Reserved]
(xx) Lake County APCD.
(xxi) Imperial County APCD.
(xxii) [Reserved]
(xxiii) Ventura County APCD.
(xxiv) Monterey Bay Unified APCD.
(xxv) [Reserved]
(xxvi) San Luis Obispo County APCD.
(xxvii) Kings County APCD.
(xxviii) Plumas County APCD.
(xxix) Nevada County APCD.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, except for those APCD's specified in paragraph (a) of
this section, concerning emissions from any source subject to emission
limitations which are part of the approved plan may request that the
appropriate Regional Administrator obtain and make public such data.
Within 30 days after receipt of any such written request, the Regional
Administrator shall require the owner or operator of any such source to
submit information within 30 days on the nature and amounts of emissions
from such source and any other information as may be deemed necessary by
the Regional Administrator to determine whether such source is in
compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by
[[Page 200]]
the Regional Administrator to determine whether such source is in
compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
(c) The deletion of the following rules or portions of rules is
disapproved, since these regulations are necessary to fulfill the
requirements of 40 CFR 51.116(c).
(1) Northcoast intrastate region:
(i) Lake County APCD.
(A) Section 49a, Public Records, and Section 49b, Record, of Part
III, Definitions; and Part II, Authorization and Disclosure, submitted
on October 23, 1974 and previously approved under 40 CFR 52.223, are
retained.
[40 FR 55328, Nov. 28, 1975]
Editorial Note: For Federal Register citations affecting
Sec. 52.224, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.225 Legal authority.
(a) The requirements of Sec. 51.230(c) of this chapter are not met
since the State Emergency Services Act does not apply to air pollution
emergencies in a manner comparable to section 303 of the Clean Air Act,
as amended.
(b) The requirements of Sec. 51.230(f) of this chapter are not met
since authority to make emission data available to the public
inadequate. Such release is precluded under certain circumstances.
[37 FR 10852, May 31, 1972, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.226 Control strategy and regulations: Particulate matter, San
Joaquin Valley and Mountain Counties Intrastate Regions.
(a) [Reserved]
(b) The following regulatory changes represent a relaxation of
previously submitted regulations and an adequate control strategy has
not been submitted showing that the relaxation will not interfere with
attainment and maintenance of the National Ambient Air Quality Standards
for particulate matter:
(1) Kings County APCD.
(i) Rule 405, Process Weight, submitted on July 25, 1973 is
disapproved; and Rule 405, submitted on June 30, 1972, and previously
approved in 40 CFR 52.223 is retained.
(ii) Rule 407.1, Disposal of Solid and Liquid Wastes, submitted on
November 4, 1977, is disapproved; and Rule 407.1, Disposal of Solid and
Liquid Wastes, submitted on June 30, 1972, and previously approved under
40 CFR 52.223 is retained.
(2) Calaveras County APCD.
(i) The revocation of Rule 407(b), Combustion Contaminants, is
disapproved; and Rule 407(b), submitted on June 30, 1972, and previously
approved in 40 CFR 52.223 is retained.
(ii) The revocation of Rule 408, Fuel Burning Equipment, is
disapproved; and Rule 408, submitted on June 30, 1972, and previously
approved in 40 CFR 52.223 is retained.
(iii) The addition of Rule 209, Fossil Fuel-Steam Generator
Facility, is disapproved; and Rule 408, submitted on June 30, 1972 and
previously approved in 40 CFR 52.223 is retained.
(3) Tuolumne County APCD.
(i) Rule 207, Particulate Matter, submitted on July 22, 1975, is
disapproved; and Rules 404 and 407(b), submitted on June 30, 1972 and
previously approved in 40 CFR 52.223 are retained.
(ii) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
July 22, 1975, is disapproved; and Rule 408, submitted on June 30, 1972,
and previously approved in 40 CFR 52.223 is retained.
[[Page 201]]
(iii) Rule 207, Particulate Matter, submitted on February 10, 1977,
is disapproved and the previously approved Rules 404 and 407(b),
submitted on June 30, 1972, remain in effect.
(iv) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
February 10, 1977, is disapproved and the previously approved Rule 408,
submitted on June 30, 1972, remains in effect.
(4) Fresno County APCD.
(i) Rule 407, Disposal of Solid or Liquid Wastes, submitted on
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30,
1972, and previously approved in 40 CFR 52.223 is retained.
(ii) Rule 407, Disposal of Solid or Liquid Wastes, submitted on
November 10, 1976, is disapproved; and Rule 407.1, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(5) San Joaquin County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on
February 10, 1976, is disapproved; and Rule 407.1, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(6) Mariposa County APCD.
(i) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
January 10, 1975, is disapproved; and Rule 6.4, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(7) Kern County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on
July 22, 1975, is disapproved; and Rule 407.1, submitted on June 30,
1972 and previously approved in 40 CFR 52.223 is retained.
(8) Madera County APCD.
(i) Rule 405, Process Weight, submitted on January 10, 1975 is
disapproved; and Rule 405, submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(9) Tulare County APCD.
(i) Paragraph b. of Rule 407.1.
(10) Merced County APCD.
(i) Rule 407.1, Disposal of Solid or Liquid Wastes, submitted on
August 2, 1976 is disapproved; and Rule 407.1 submitted on June 30, 1972
and previously approved in 40 CFR 52.223 is retained.
[37 FR 10850, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.226, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.227 Control strategy and regulations: Particulate matter,
Metropolitan Los Angeles Intrastate Region.
(a) The requirements of Subpart G of this chapter are not met since
the plan does not provide for attainment and maintenance of the
secondary standards for particulate matter in the Metropolitan Los
Angeles Intrastate Region.
(b) The following regulations are disapproved since they are not
part of the approved control strategy and do not provide for the degree
of control needed for the attainment and maintenance of the primary
standards for particulate matter in the Metropolitan Los Angeles
Intrastate Region.
(1) Los Angeles County Air Pollution Control District:
(i) Regulation IV, Rule 68.1.
(2) Riverside County Air Pollution Control District:
(i) Regulation IV, Rule 54 for process sources with a process weight
rate in excess of 62,000 lbs. per hour. Rule 54 is approved for process
sources with a process weight of 62,000 lbs. per hour or less.
(3) Southern California APCD:
(i) Regulation IV, Rule 404 Particulate Matter--Concentration,
submitted on August 2, 1976.
(ii) Regulation IV, Rule 473 Disposal of Solid and Liquid Wastes,
submitted on August 2, 1976.
(4) South Coast AQMD.
(i) Rule 401(b) submitted on August 15, 1980.
(c) The rescission by the Southern California APCD of the following
rules, which were previously approved in the May 31, 1972 (37 FR 10850)
and September 22, 1972 (37 FR 19813) Federal Register issues, is
disapproved since adequate replacementrules have not been submitted and
no analysis has been presented to show that this rescission will not
interfere with the attainment and maintenance of the NAAQS for
particulate matter as required by section 110 of the Clean Air Act. In
addition, the following rules, as submitted in June 1972 and approved
for the SIP, remain federally enforceable:
(1) Los Angeles County APCD.
[[Page 202]]
(i) Regulation IV, Rule 52 Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
(2) San Bernardino County APCD.
(i) Regulation IV, Rule 52A Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58A Disposal of Solid and Liquid Wastes.
(3) Riverside County APCD.
(i) Regulation IV, Rule 52 Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
(4) Orange County APCD.
(i) Regulation IV, Rule 52 Particulate Matter--Concentration.
(ii) Regulation IV, Rule 58 Disposal of Solid and Liquid Wastes.
[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972;
43 FR 25687, June 14, 1978; 49 FR 18824, May 3, 1984; 51 FR 40676, Nov.
7, 1986]
Sec. 52.228 Regulations: Particulate matter, Southeast Desert
Intrastate Region.
(a) The following regulations are disapproved since they are not
part of the approved control strategy and do not provide for the degree
of control needed for the attainment and maintenance of the national
standards for particulate matter in the Southeast Desert Intrastate
Region.
(1) Imperial County Air Pollution Control District:
(i) Rule 114A.
(ii) Rule 116B.
(2) Los Angeles County Air Pollution Control District:
(i) Regulation IV, Rule 68.1.
(3) Riverside County Air Pollution Control District:
(i) Regulation IV, Rule 54 for process sources with a process weight
rate in excess of 160,000 lbs. per hour. Rule 54 is approved for process
sources with a process weight of 160,000 lbs. per hour or less.
(b) The following regulatory changes represent a relaxation of
previously submitted regulations, and an adequate control strategy has
not been submitted showing that the relaxation will not interfere with
the attainment and maintenance of the national ambient air quality
standards for particulate matter:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 406, Disposal of Solid and Liquid Wastes submitted on
November 4, 1977 is disapproved; and Rule 116 C, Specific Contaminants
submitted on June 30, 1972 and previously approved under 40 CFR 52.223
is retained.
(ii) Los Angeles County Air Pollution Control District.
(A) Regulation IV, Rule 404 Particulate Matter-Concentration, and
Rule 473, Disposal of Solid and Liquid Wastes, submitted on June 6, 1977
are disapproved. Rules 52 and 58, titled as above, respectively, and
submitted on June 30, 1972 and previouslyapproved under 40 CFR 52.223
are retained.
(iii) Riverside County Air Pollution Control District.
(A) Regulation IV, Rules 404 Particulate Matter-Concentration, 405
Particulate Matter-Weight, and Rule 473, Disposal of Solid and Liquid
Wastes, submitted on June 6, 1977 are disapproved. Rules 52, Particulate
Matter-Weight, 54, Dust and Fumes, and 58, Disposal of Solid and Liquid
Wastes, submitted in 1972 and approved under 40 CFR 52.223, are
retained.
[37 FR 10850, May 31, 1972, as amended at 37 FR 19813, Sept. 22, 1972;
43 FR 35695, Aug. 11, 1978; 43 FR 40014, Sept. 8, 1978; 64 FR 49400,
Sept. 13, 1999]
Sec. 52.229 Control strategy and regulations: Photochemical oxidants
(hydrocarbons), Metropolitan Los Angeles Intrastate Region.
(a) [Reserved]
(b) The following rules are disapproved because they would result in
a relaxation of control requirements contained in the presently approved
State Implementation Plan, and no analysis has been presented to show
that this relaxation will not interfere with the attainment and
maintenance of NAAQS for photochemical oxidants (hydrocarbons) as
required by section 110 of the Clean Air Act.
(1) Southern California APCD.
(i) Regulation IV, Rule 465 Vacuum Producing Devices or Systems,
submitted on August 2, 1976.
(2) South Coast Air Quality Management District.
[[Page 203]]
(i) Regulation IV, Rule 461 Gasoline Transfer and Dispensing,
submitted on June 6, 1977. The version of this rule by the same number
and title submitted on April 21, 1976 and approved under 40 CFR 52.223
is retained.
(ii) Rule 1115, Automotive Coatings, adopted on March 16, 1984 by
the District and submitted by the state to EPA on July 10, 1984.
(iii) Rule 1113, Architectural Coatings, adopted on August 2, 1985
and submitted to EPA on November 12, 1985. The version of this rule by
the same number and title submitted on July 10, 1984 and approved by EPA
on January 24, 1985 is retained.
(c) The rescission by the Southern California APCD of the following
rules, which were previously approved in the September 22, 1972 (37 FR
19813) Federal Register issue, is disapproved since adequate replacement
rules have not been submitted anderfere with the attainment and
maintenance of the NAAQS for photochemical oxidants (hydrocarbons) as
required by section 110 of the Clean Air Act. In addition, the following
rules, as submitted in June 1972 and approved for the SIP, remain
federally enforceable:
(1) Los Angeles County APCD, Regulation IV, Rule 69, Vacuum
Producing Devices or Systems.
(2) San Bernardino County APCD, Regulation IV, Rule 69, Vacuum
Producing Devices or Systems.
(3) Riverside County APCD, Regulation IV, Rule 74, Vacuum Producing
Devices or Systems.
(4) Orange County APCD, Regulation IV, Rule 69, Vacuum Producing
Devices or Systems.
[37 FR 10850, May 31, 1972, as amended at 43 FR 25687, June 14, 1978; 43
FR 40014, Sept. 8, 1978; 46 FR 5978, Jan. 21, 1981; 54 FR 5237, Feb. 2,
1989; 54 FR 34515, Aug. 21, 1989]
Sec. 52.230 Control strategy and regulations: Nitrogen dioxide.
(a) The requirements of Sec. 52.14(c)(3) of this chapter as of
September 22, 1972 (47 FR 1983), are not met since the plan does not
provide for the degree of nitrogen oxides emission reduction attainable
through application of reasonably available control technology in the
Metropolitan Los Angeles Intrastate Region. Therefore, Rule 68.b of the
Orange County Air Pollution Control District is disapproved.
(b) The following rules are disapproved since they are not part of
the approved control strategy and do not provide for the degree of
control necessary for the attainment and maintenance of NAAQS for
nitrogen dioxide in the Metropolitan Los Angeles Intrastate AQCR:
(1) Orange County APCD, Regulation IV, Rule 474, Fuel Burning
Equipment--Oxides of Nitrogen, submitted on February 10, 1977.
(c) The rescission by the Southern California APCD of the following
rules is disapproved since adequate replacement rules have not been
submitted and no analysis has been presented to show that this
rescission will not interfere with the attainment and maintenance of the
National Ambient Air Quality Standards as required by section 110 of the
Clean Air Act. In addition, the following rules, as submitted in June
1972 and approved for the SIP, remain federally enforceable:
(1) Orange County APCD, Regulation IV, Rule 68, Fuel Burning
Equipment--NOx.
(2) Orange County APCD, Regulation IV, Rule 67.1, Fuel Burning
Equipment.
[43 FR 25687, June 14, 1978, as amended at 46 FR 3884, Jan. 16, 1981; 51
FR 40677, Nov. 7, 1986]
Sec. 52.231 Regulations: Sulfur oxides.
(a) [Reserved]
(b) The deletion of the following rules or portions of rules is
disapproved, since an adequate control strategy demonstration has not
been submitted indicating that the deletions of the control requirements
contained in those rules would not interfere with the attainment or
maintenance of the National Ambient Air Quality Standard for Sulfur
Oxides.
(1) Lake County Intrastate Region.
(i) Lake County, APCD.
(A) Section 3(F), Sulfur of Part V, Prohibitions and Standards,
submitted on October 23, 1974 and previously approved under 40 CFR
52.223, is retained as applicable to sources other than sulfur recovery
units.
[43 FR 34464, 34466, Aug. 4, 1978, as amended at 46 FR 3884, Jan. 16,
1981; 46 FR 42461, Aug. 21, 1981]
[[Page 204]]
Sec. 52.232 Part D conditional approval.
(a) The following portions of the California SIP contain
deficiencies with respect to Part D of the Clean Air Act which must be
corrected by meeting the indicated conditions of Part D plan approval.
(1) Imperial County for ozone.
(i) By May 7, 1981, the NSR rules must be revised and submitted as
an SIP revision. The rules must satisfy section 173 and 40 CFR Subpart
I, ``Review of new sources and modifications.''
In revising the Imperial County APCD's NSR rules, the State/APCD must
address (A) any new requirements in EPA's amended regulations for NSR
under section 173 of the Clean Air Act (August 7, 1980, 45 FR 52676)
which the APCD rules do not now satisfy and (B) those deficiencies cited
in EPA's Evaluation Report Addendum (contained in Document File NAP-CA-
06 at the EPA Library in Washington, DC and the Region IX office).
(ii) By January 1, 1981, a cutback asphalt rule which reflects
reasonably available control technology (RACT) must be submitted as an
SIP revision.
(2) North Central Coast Air Basin for ozone.
(i) By May 7, 1981, the NSR rules must be revised and submitted as
an SIP revision. The rules must satisfy section 173 and 40 CFR 51.18,
``Review of new sources and modifications.'' In revising the Monterey
Bay Unified APCD's NSR rules, the State/APCD must address (a) any new
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (August 7, 1980, 45 FR 52676) which the APCD rules do
not now satisfy and (b) those deficiencies with respect to the September
5, 1979 notice cited in EPA's Evaluation Report Addendum (contained in
Document File NAP-CA-14 at the EPA Library in Washington, DC and the
Region IX office).
(ii) By March 4, 1981, one of the following must be submitted as an
SIP revision: (a) Adequate justification that the cutback asphalt rule
represents RACT, (b) amendment of the cutback asphalt rule to conform
with the controls recommended in the CTG document for cutback asphalt,
or (c) adequate documentation that the cutback asphalt rule will result
in emission reductions which are within 5 percent of the reductions
achievable with the controls recommended in the cutback asphalt CTG
document.
(3) South Coast Air Basin.
(i)(A) By May 7, 1981, the NSR rules must be revised and submitted
as an SIP revision. The rules must satisfy section 173 of the Clean Air
Act and 40 CFR 51.18, ``Review of new sources and modifications.'' In
revising the South Coast AQMD's NSR rules, the State/AQMD must address
(1) any new requirements in EPA's amended regulations for NSR (45 FR
31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the AQMD
rules do not currently satisfy and (2) those deficiencies cited in EPA's
Evaluation Report Addendum which still apply despite EPA's new NSR
requirements (contained in Document File NAP-CA-9 at the EPA Library in
Washington, DC and the Regional Office).
(4) San Diego Air Basin.
(i) For ozone, CO, TSP, and NO2:
(A) By May 7, 1981, the NSR rules submitted on March 17, 1980
must be revised and submitted as an SIP revision. In revising the NSR
rules, the State/APCD must address (1) any new requirements in EPA's
amended regulations for NSR under section 173 of the Clean Air Act (May
13, 1980, 45 FR 31307; and August 7, 1980, 45 FR 52676) which the APCD
rules do not currently satisfy and (2) the deficiencies cited in EPA's
Evaluation Report Addendum which still apply despite EPA's new NSR
requirements. The Evaluation Report Addendum is contained in document
file NAP-CA-19 and available at the EPA Region IX Office and the EPA
Library in Washington, DC
(5) The Kern County APCD.
(i) For ozone, CO, and PM:
(A) By November 19, 1981, the NSR rules must be revised and
submitted as an SIP revision. The rules must satisfy section 173 of the
Clean Air Act and 40 CFR Subpart I, ``Review of new sources and
modification.'' In revising Kern County's NSR rules, the State/APCD must
address all the requirements in EPA's amended regulations for NSR (45 FR
31307, May 13, 1980 and 45 FR 52676, August 7, 1980) which the APCD
rules do not currently satisfy including
[[Page 205]]
those deficiencies cited in EPA's Evaluation Report Addendum which still
apply despite EPA's new NSR requirements (contained in Document File
NAP-CA-07 at the EPA Library in Washington, DC and the Regional Office).
(ii) [Reserved]
(6) The San Joaquin Valley Air Basin Nonattainment Area.
(i) For O3, PM and CO in San Joaquin County.
(A) By October 30, 1985 the NSR rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (May 13, 1980 (45 FR 31307) and August 7, 1980 (45 FR
52676)) and submitted as a SIP revision.
(7) San Francisco Bay Area Air Basin.
(i) For ozone and CO:
(A) By June 17, 1982, submittal of implementation commitments and
schedules and additional commitments to provide annually the financial
and personnel resources necessary to carry out the plan for
transportation sources.
(8) [Reserved]
(9) The Santa Barbara County nonattainment areas.
(i) For O3, TSP, and CO by (90 days from the date of
publication of this notice).
(A) The new source review (NSR) rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (45 FR 31307, May 13, 1980 and 45 FR 52676, August 7,
1980) and submitted as an SIP revision.
(ii) For O3 by (90 days from the date of publication of
this notice), a revised cutback asphalt paving materials rule which does
not allow for indefinite compliance date extensions and submitted as an
SIP revision.
(10) Kings, Madera, Merced, Stanislaus and Tulare County APCDs.
(i) For O3 and PM [and CO in Stanislaus County].
(A) By September 7, 1982 the NSR rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (May 13, 1980, 45 FR 31307 and August 7, 1980, 45 FR
52676) as an SIP revision.
(11) Fresno County and Ventura County nonattainment areas.
(i) For ozone, CO (for Fresno County), and PM:
(A) By November 1, 1982, the NSR rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR
52676), and October 14, 1981 (46 FR 50766)).
(12) Butte, Sutter and Yuba County APCDs.
(i) For Ozone:
(A) By August 2, 1982, the NSR rules for the counties discussed in
this notice must be revised to meet the requirements in EPA's amended
regulations for NSR under section 173 of the Clean Air Act (May 13,
1980, 45 FR 31307 and August 7, 1980, 45 FR 52676).
(13) Los Angeles and Riverside portions of the Southeast Desert Air
Basin.
(i) For Ozone:
(A) By August 9, 1982, the new source review rules for the three
county areas must be revised to meet the requirements in EPA's amended
regulations under section 173 (May 13, 1980, (45 FR 31307), August 7,
1980, (45 FR 52676), and October 14, 1981, (46 FR 50766)).
(B) By August 9, 1982, the State must provide adopted regulations
for degreasing operations in the Los Angeles County portion of the SEDAB
which represent RACT.
(14)-(15) [Reserved]
(16) San Bernardino County portion of the Southeast Desert Air
Basin.
(i) For ozone:
(A) By October 30, 1985, the NSR rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR
52676), and October 14, 1981 (46 FR 50766)).
(17) Yolo and Solano Counties.
(i) For ozone and CO in those portions of Yolo and Solano Counties
that are part of the Sacramento Metropolitan Area:
(A) By October 30, 1985, the NSR rules must be revised to meet the
requirements in EPA's amended regulations for NSR under section 173 of
the Clean
[[Page 206]]
Air Act (May 13, 1980 (45 FR 31307), August 7, 1980 (45 FR 52676), and
October 14, 1981 (46 FR 50766)).
(ii) For ozone:
By November 1, 1982, the State must provide either (A) an adequate
demonstration that the following regulations represent RACT, (B) amend
the regulations so that they are consistent with the CTG, or (C)
demonstrate that the regulations will result in VOC emission reductions
which are within five percent of the reductions which would be achieved
through the implementation of the CTG recommendations:
Yolo-Solano County APCD
Rule 2.24, ``Solvent Cleaning Operations (Degreasing).''
[45 FR 74485, Nov. 10, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 52.232, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.233 Review of new sources and modifications.
(a) The following regulations are disapproved because they are not
consistent with Clean Air Act requirements.
(1) Imperial County APCD.
(i) Subparagraph C.5. of Rule 207, Standards for Permit to
Construct, submitted March 17, 1980.
(2) Monterey Bay Unified APCD.
(i) Subparagraph B.5. of Rule 207, Standards for Permit to
Construct, submitted March 17, 1980.
(3) South Coast AQMD.
(i) In Rule 1306(a)(i), submitted on April 3, 1980, sentence 3 is
disapproved.
(ii) In Rule 1306(d)(1)(B)(ii), submitted on April 3, 1980, the
following portion of the rule is disapproved: ``Which have occurred
during the highest three years of the last five year period, divided by
three, provided the applicant demonstrates that such permit units have
been operated at least 90 days during each of such three years.''
(iii) In Rule 1307(a) submitted on April 3, 1980, the following
portion of the rule is disapproved: ``Greater than 68 kilograms (150
pounds) per day except carbon monoxide, for which the value is an
increase greater than 340 kilograms (750 pounds) per day.''
(4) Kern County APCD.
(i) Those portions of paragraph (3)(E) of Rule 210.1, submitted on
April 15, 1980, which allow new sources and modifications to be exempt
from LAER.
(b) [Reserved]
(c) The requirements of Sec. 51.160(a) of this chapter are not met
in the following Air Pollution Control Districts since the regulations
of the APCD's do not provide the means to prevent construction of
sources which would violate applicable portions of the control strategy
or would interfere with the attainment or maintenance of a national
standard.
(1) Mariposa County APCD.
(2) Santa Barbara County APCD.
(d) The requirements of Sec. 51.160(a) of this chapter are not met
in the following Air Pollution Control Districts since the regulations
of the APCD's do not include a means to prevent construction or
modification if such construction or modification would interfere with
the attainment or maintenance of a national standard.
(1) Amador County APCD.
(2) Calaveras County APCD.
(3) El Dorado County APCD (Mountain Counties Intrastate portion).
(4) [Reserved]
(5) Glenn County APCD.
(6) Humboldt County APCD.
(7)-(8) [Reserved]
(9) Lake County APCD.
(10) Lassen County APCD.
(11) [Reserved]
(12) Mendocino County APCD.
(13) [Reserved]
(14) Modoc County APCD.
(15) Monterey Bay Unified APCD.
(16) Nevada County APCD.
(17) Northern Sonoma County APCD.
(18) [Reserved]
(19) Plumas County APCD.
(20) [Reserved]
(21) Shasta County APCD.
(22) Sierra County APCD.
(23) Siskiyou County APCD.
(24) [Reserved]
(25) Sutter County APCD.
(26) [Reserved]
(27) Tuolumne County APCD.
(e) [Reserved]
[[Page 207]]
(f) Regulation for review of new sources and modifications. (1) The
requirements of this paragraph are applicable to:
(i) Any stationary source in the APCD's listed below, the
construction or modification of which is commenced after the effective
date of this regulation.
(a) Mariposa County APCD.
(b) [Reserved]
(c) Santa Barbara County APCD.
(ii) Any stationary source subject to the requirements of
Secs. 52.226(c), 52.227(c), 52.228(b), or 52.230(b), the construction or
modification of which is commenced after the effective date of this
regulation.
(2) No owner or operator shall commence construction or modification
of a stationary source after the effective date of this regulation
without first obtaining approval from the Administrator of the location
and design of such source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
plans, descriptions, specifications, and drawings showing the design of
the source, the nature and amount of emissions, and the manner in which
it will be operated and controlled.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that:
(i) The source will be operated without causing a violation of any
local, State, or Federal regulations which are part of the applicable
plan.
(ii) The source will not prevent or interfere with attainment or
maintenance of any national standard.
(4) (i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (f)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than ten (10) days after the close of the public comment period,
the applicant may submit a written response to any comment submitted by
the public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on the application
within
[[Page 208]]
thirty (30) days after the close of the public comment period. The
Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for ocnditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (f)(4)(ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may impose any reasonable conditions upon an
approval, including conditions requiring the source to be provided with:
(i) Sampling ports of a size, number, and location as the
Administrator may require,
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data, and
(iv) Any other sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this
regulation shall furnish the Administrator written notification as
follows:
(i) A notification of the anticipated date or initial startup of the
source not more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of initial startup of the
source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate at
which the source will be operated but not later than 180 days after
initial startup of such source the owner or operator of such source
shall conduct a performance test(s) in accordance with methods and under
operating conditions approved by the Administrator and furnish the
Administrator a written report of the results of such performance test.
(i) Such test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test and may also conduct
performance tests.
(iii) The owner or operator of a source shall provide the
Administrator 15 days prior notice of the performance test to afford the
Administrator the opportunity to have an observer present.
(iv) The Administrator may waive the requirement for performance
tests if the owner or operator of a source has demonstrated by other
means to the Administrator's satisfaction that the source is being
operated in compliance with all local, State and Federal regulations
which are part of the applicable plan.
(9) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators which
has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and
burns only gaseous fuel containing not more than 0.5 grain H2
S per 100 stdft 3 (5.7 g/100 stdm 3); has a heat
input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate
oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h)
and burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analyses.
(vi) Other sources of minor significance specified by the
Administrator.
(10) Approval to construct or modify shall not relieve any person of
the responsibility to comply with any local, State, or Federal
regulation which is part of the applicable plan.
(11) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who
[[Page 209]]
commences construction or modification without applying for any
receiving approval hereunder, shall be subject to enforcement action
under section 113 of the Act.
(g) Regulation for review of new sources and modifications. (1) The
requirements of this paragraph are applicable to any stationary source
in the APCD's listed below, the construction or modification of which is
commenced after the effective date of this regulation.
(i) Amador County APCD.
(ii) Calaveras County APCD.
(iii) El Dorado County APCD (Mountain Counties Intrastate portion).
(iv) [Reserved]
(v) Glenn County APCD.
(vi) Humboldt County APCD.
(vii)-(viii) [Reserved]
(ix) Lassen County APCD.
(x) Madera County APCD.
(xi) Mendocino County APCD.
(xii) Merced County APCD.
(xiii) Modoc County APCD.
(xiv) Monterey Bay Unified APCD.
(xv) Nevada County APCD.
(xvi) [Reserved]
(xvii) Plumas County APCD.
(xviii) San Joaquin County APCD.
(xix) Shasta County APCD.
(xx) Sierra County APCD.
(xxi) Siskiyou County APCD.
(xxii) Stanislaus County APCD.
(xxiii) Sutter County APCD.
(xxiv) Tulare County APCD.
(xxv) Tuolumne County APCD.
(2) No owner or operator shall commence construction or modification
of any new source after the effective date of this regulation without
first obtaining approval from the Administrator of the location of such
source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator, or by other means prescribed by
the Administrator.
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
stack data, and the nature and amount of emissions. Such information
shall be sufficient to enable the Administrator to make any
determination pursuant to paragraph (g)(3) of this section.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that the source
will not prevent or interfere with attainment or maintenance of any
national standard.
(4) (i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (g)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this subparagraph
shall be sent to the applicant and to state and local air pollution
control agencies, having cognizance over the location where the source
will be situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the
[[Page 210]]
Administrator in making his final decision on the application. No later
than ten (10) days after the close of the public comment period, the
applicant may submit a written response to any comment submitted by the
public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for conditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (g)(4) (ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(6) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with any local, State, or
Federal regulation which is part of the applicable plan.
(7) Approval to construct or modify shall not be required for:
(i) The installation or alteration of an air pollutant detector, air
pollutants recorder, combustion controller, or combustion shutoff.
(ii) Air-conditioning or ventilating systems not designed to remove
air pollutants generated by or released from equipment.
(iii) Fuel burning equipment, other than smokehouse generators,
which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/
h) and burns only gaseous fuel containing not more than 20.0 grain
H2 S per 100 stdft 3 (54.8 g/100
stdm 3); has a heat input of not more than 1 MBtu/h (250 Mg-
cal/h) and burns only distillate oil; or has a heat input of not more
than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.
(iv) Mobile internal combustion engines.
(v) Laboratory equipment used exclusively for chemical or physical
analyses.
(vi) Other sources of minor significance specified by the
Administrator.
(8) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(h)-(i) [Reserved]
(j) Delegation of authority. (1) The Administrator shall have the
authority to delegate responsibility for implementing the procedures for
conducting source review pursuant to this section in accordance with
paragraphs (j) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for
implementing the procedures for conducting source review pursuant to
this section to any Agency, other than a Regional Office of the
Environmental Protection Agency, a copy of the notice pursuant to
paragraphs (f)(4)(iii) and (g)(4)(iii) of this section shall be sent to
the Administrator through the appropriate Regional Office.
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source review
pursuant to this section shall not be delegated, other than to a
Regional Office of the Environmental Protection Ands; except that, with
respect to the latter category, where new or modified sources are
constructed or operated on Federal lands pursuant to leasing or other
Federal agreements, the Federal Land Manager may at his discretion, to
the extent permissible under applicable statutes and regulations,
require the lessee or permittee to be subject to new source review
requirements which have
[[Page 211]]
been delegated to a state or local agency pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures
for conducting source review pursuant to this section shall not be
redelegated, other than to a Regional Office of the Environmental
Protection Agency, for new or modified sources which are located in
Indian reservations except where the State has assumed jurisdiction over
such land under other laws, in which case the Administrator may delegate
his authority to the States in accordance with paragraphs (j) (2), (3),
and (4) of this section.
(k) Conditions on steam production. (1) Notwithstanding any
provisions to the contrary in the California State Implementation Plan,
the Watson petroleum refinery owned by Atlantic Richfield Company,
located at 1801 East Sepulveda Boulevard, Carson, California, shall
operate under the following conditions listed in paragraphs (k)(2)
through (6) of this section.
(2) The total steam load comprised of the steam purchased from
Watson Energy Systems and the amount generated by boilers 31, 32, 33,
42, 51, and 52 at the ARCO Watson Refinery shall not exceed 1,355,000
pounds per hour at 680 deg.F, 600 psig.
(3) Continuous written records of steam purchased from Watson Energy
Systems and of the steam produced by boilers 31, 32, 42, 51, or 52
at the ARCO Watson Refinery, during receipt of steam from Watson Energy
Systems, shall be maintained and made available for inspection by the
EPA and the South Coast Air Quality Management District. These records
shall be kept in terms of pounds per hour of steam at 680 deg.F, 600
psig.
(4) The steam purchased from the Watson Energy Systems facility
shall be used as a ``first-on, last-off'' source of steam for the ARCO
Watson Refinery, except for steam produced by waste heat or as part of
the refining process, or as required to maintain fired boilers in
service for emergency use.
(5) Any proposed changes in equipment or fuel that would increase
the oil fired steam generating capacity or decrease oil fired steam
generating efficiency of boilers 31, 32, 33, 42, 51, and 52 at the
ARCO Watson Refinery must be reviewed and approved by the EPA prior to
implementation of the proposed changes.
(6) ARCO shall maintain written records of oil consumption at
boilers 31, 32, 33, 42, 51, and 52 during receipt of steam from
Watson Energy Systems. These records shall be available for inspection
by the South Coast Air Quality Management District and the EPA. The
total oil consumption of these boilers shall not exceed a monthly
average of 226,000 gallons per day when receiving steam from the Watson
Energy systems plant at a rate of 350,000 pounds per hour. When
receiving steam at a lower rate, ARCO shall be allowed to increase its
boiler fuel oil consumption to achieve a total steam load not to exceed
the limit of condition two (2).
(l) The following rules and regulations are disapproved because they
do not meet the requirements of sections 110, 172, and 173 of the Clean
Air Act, since they exempt certain source categories from the offset
requirements of the Act:
(1) South Coast Air Quality Management District.
(i) Rule 1304(e), Resource Conservation and Energy Projects,
submitted on April 3, 1980, but only with respect to projects whose
application for a permit is complete after January 1, 1986,
(ii) Rule 1304(b)(2), Resource and Energy Conservation Projects,
submitted on November 8, 1982, but only with respect to projects whose
application for a permit is complete after January 1, 1986,
(m) Revised South Coast Regulation XIII, submitted on November 8,
1982, is not approved inasmuch as action on it is temporarily deferred.
[37 FR 19813, Sept. 22, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.233, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.234 Source surveillance.
(a) Except in the Air Pollution Control Districts (APCDs) listed in
this paragraph, the requirements of Sec. 51.211 of this chapter are not
met since the plan does not provide for recordkeeping
[[Page 212]]
and periodic reporting of emission data by sources.
(1) Amador County APCD.
(2) Bay Area AQMD.
(3) Calaveras County APCD.
(4) Del Norte County APCD.
(5) El Dorado County APCD.
(6) Humboldt County APCD.
(7) Imperial County APCD.
(8) Lake County APCD.
(9) Mariposa County APCD.
(10) Mendocino County APCD.
(11) Nevada County APCD.
(12) Northern Sonoma County APCD.
(13) Placer County APCD.
(14) Plumas County APCD.
(15) Sierra County APCD.
(16) Trinity County APCD.
(17) Ventura County APCD.
(b) The requirements of Sec. 51.212 of this chapter are not met
since the plan does not adequately provide for periodic testing and
inspection of stationary sources within the Bay Area Air Pollution
Control District portion of the San Francisco Bay Area Intrastate
Region.
(c) The requirements of Sec. 51.212 of this chapter are not met
since the system for detecting violations through enforcement of visible
emission regulations and complaint handling is not adequately described.
(d) Regulation for source recordkeeping and reporting. (1) The owner
or operator of any stationary source in the State of California, except
for those APCD's specified in paragraph (a) of this section, shall, upon
notification from the Administrator, maintain records of the nature and
amounts of emissions from such source and/or any other information as
may be deemed necessary by the Administrator to determine whether such
source is in compliance with applicable emission limitations or other
control measures.
(2) The information recorded shall be summarized and reported to the
Administrator, on forms furnished by the Administrator, and shall be
submitted within 45 days after the end of the reporting period.
Reporting periods are January 1 to June 30 and July 1 to December 31,
except that the initial reporting period shall commence on the date the
Administrator issues notification of the recordkeeping requirements.
(3) Information recorded by the owner or operator and copies of the
summarizing reports submitted to the Administrator shall be retained by
the owner or operator for 2 years after the date on which the pertinent
report is submitted.
(e) The requirements of Sec. 51.214 of this chapter are not met in
the following air pollution control districts (APCD's) since all of the
applicable requirements of Appendix P of part 51 are not included in the
district regulations.
(1) Amador County APCD.
(2) Bay Area AQMD
(3) Calaveras County APCD.
(4) El Dorado County APCD.
(5) Imperial County APCD.
(6) Kern County APCD.
(7) Kings County APCD.
(8) Los Angeles County APCD.
(9) Mariposa County APCD.
(10) Monterey Bay Unified APCD.
(11) Nevada County APCD.
(12) Placer County APCD.
(13) Plumas County APCD.
(14) San Bernardino County Desert APCD.
(15) San Diego County APCD.
(16) San Joaquin County APCD.
(17) San Luis Obispo County APCD.
(18) Santa Barbara County APCD.
(19) Sierra County APCD.
(20) South Coast AQMD.
(21) Stanislaus County APCD.
(22) Tulare County APCD.
(23) Ventura County APCD.
[37 FR 10850, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.234, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.235 Control strategy for ozone: Oxides of nitrogen.
EPA is approving an exemption request submitted by the Monterey Bay
Unified Air Pollution Control District on April 26, 1994 for the
Monterey Bay ozone nonattainment area from the NOX RACT
requirements contained in section 182(f) of the Clean Air Act. This
approval exempts the area from implementing the oxides of nitrogen
(NOX) requirements for reasonably available control
technology (RACT), new source review (NSR), the related requirements
[[Page 213]]
of general and transportation conformity regulations, and applicable
inspection and maintenance (I/M). The exemption is based on ambient air
monitoring data and lasts for only as long as the area's monitoring
efforts continue to demonstrate attainment without NOX
reductions from major stationary sources.
[60 FR 20237, Apr. 25, 1995]
Sec. 52.236 Rules and regulations.
(a) Since the following Air Pollution Control District (APCD) rules
do not define the term ``agricultural operations,'' the rules are
disapproved because they could render certain emission limitations rules
unenforceable.
(1) Imperial County APCD.
(i) Rule 114.5, submitted on November 10, 1976.
(ii) Rule 148.D(3), submitted on November 10, 1976.
(b) The following Air Pollution Control District (APCD) rules are
disapproved because they contain the term ``agricultural operations''
and/or the term ``other equipment in agricultural operations,'' both of
which are either undefined or inadequately defined, thus rendering
certain emission control rules unenforceable:
(1) San Luis Obispo County APCD.
(i) Rules 401(B)(4) and 401(B)(6), submitted on November 10, 1976.
(2) Sacramento County APCD.
(i) Rule 7(b)(5), submitted on November 4, 1977.
(3) Glenn County APCD.
(i) Section 77(e), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(4) Mariposa County APCD.
(i) Rule 203(G), submitted on June 6, 1977.
(5) Kern County APCD.
(i) Rules 402(c) and 402(e), submitted on; November 10, 1976.
(6) Fresno County APCD.
(i) Rules 402(c) and 402(e), submitted on October 23, 1974.
(ii) Rules 402(c) and 402(e), submitted on June 30, 1972, and
previously approved under 40 CFR 52.223 (37 FR 19812).
(7) Tulare County APCD.
(i) Section 402(c), submitted on November 10, 1976, and previously
approved under 40 CFR 52.223 (42 FR 47556).
(8) Madera County APCD.
(i) Rules 402(c) and 402(e), submitted on January 10, 1975, and
previously approved under 40 CFR 52.223 (42 FR 42219).
(9) Amador County APCD.
(i) Rules 203(G), submitted on October 15, 1979, and 205(G),
submitted on June 30, 1972.
(c) Since the following Air Pollution Control Districts have deleted
definitions which could allow a relaxation of emission limitations, the
deletions are disapproved:
(1) Merced County APCD.
(i) Rule 102(hh), submitted on June 30, 1972, previously approved
under 40 CFR 52.223, and deleted by the August 2, 1976 submittal, is
retained.
(2) El Dorado County APCD.
(i) Rule 102(LL), submitted on November 4, 1977, previously approved
at 43 FR 51632, and deleted by the May 23, 1979 submittal, is retained.
(d) The following rules or portions of rules are disapproved since
they contain provisions which are inconsistent with 40 CFR part 58,
Ambient Air Quality Surveillance.
(1) Lake County APCD.
(i) Section 224, Equivalent Method, and Table V, Table of Standards,
Applicable Statewide, submitted on February 10, 1977.
(ii) Table V, Concentrations and Methods, submitted on January 2,
1979, and Table V, submitted on February 10, 1976 and previously
approved at 42 FR 42224.
(e) Since the following air pollution control districts have revised
definitions so as to render the associated emission control requirements
less stringent without a control strategy demonstration, the revisions
are disapproved.
(1) Mendocino County APCD.
(i) Rule 130(p4), submitted on November 10, 1976. (Part III-49,
previously submitted on February 21, 1972, and approved in 40 CFR
52.223, is retained).
(ii) Rule 130(s3), submitted on November 10, 1976. (Part III-55,
previously submitted on February 21, 1972, and approved in 40 CFR
52.233, is retained).
(2) Shasta County APCD.
[[Page 214]]
(i) The definition of ``modification'' in Rule 1:2, Definitions,
submitted on October 13, 1977, is disapproved.
(3) San Bernardino County Desert APCD.
(i) Rule 103, Definition of Terms, submitted on November 4, 1977, is
disapproved with respect to the deletion of the following terms:
``Distilling type heater'', ``Noncomplying orchard heater'', ``Pipe line
systems'', and ``Return stack heater''. (Rule 2, Definitions, submitted
on February 21, 1972 and approved in 40 CFR 52.223, is retained for the
above terms.)
(4) Southeast Desert Intrastate Region.
(i) San Bernardino County Desert APCD.
(A) Rule 102, Definition of Terms, submitted November 4, 1977 is
disapproved with respect to the deletion of the following terms:
Distilling type heater, Non-complying orchard heater, Pipe line systems,
and Return stack heater. Rule 2, Definitions, submitted February 21,
1972 and approved in 40 CFR 52.223, is retained for the above terms.
(f) The following APCD rules are disapproved because they exempt
some portions of the districts from the existing air pollution control
regulations without setting forth substitute rules for the exempted
areas.
(1) El Dorado County APCD.
(i) Rule 201, submitted on November 4, 1977, is disapproved. (The
previously approved Rule 49, submitted on June 30, 1972, is retained for
Federal enforcement purposes.)
(g) The following Air Pollution Control District (APCD) rules are
disapproved pursuant to section 110(a)(2)(K) of the Clean Air Act
because they could allow recovery of legal expenses associated with
permit enforcement actions.
(1) Monterey Bay Unified APCD.
(i) Rule 300 (i)(1), Permit Fee, submitted on December 17, 1979.
(2) El Dorado County APCD.
(i) Rule 104, submitted on May 23, 1979.
[42 FR 39664, Aug. 5, 1977]
Editorial Note: For Federal Register citations affecting
Sec. 52.236, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.237 Part D disapproval.
(a) The following portions of the California SIP are disapproved
because they do not meet the requirements of Part D of the Clean Air
Act.
(1) The ozone and CO attainment demonstrations for the South Coast
Air Basin. No major stationary source, or major modification of a
stationary source, of carbon monoxide or volatile organic compounds may
be constructed in the South Coast Air Basin unless the construction
permit application is complete on or before August 30, 1988.
(2) The ozone attainment demonstration for Ventura County. No major
stationary source, or major modification of a stationary source, of
volatile organic compounds may be constructed in the Ventura County
nonattainment area unless the construction permit application is
complete on or before November 4, 1988.
(3) The ozone attainment demonstration for the Sacramento AQMA. No
major stationary source, or major modification of a stationary source,
of volatile organic compounds may be constructed in the Sacramento
nonattainment area unless the construction permit application is
complete on or before January 3, 1989.
(4) The ozone attainment demonstration for the Fresno County APCD.
(5) The ozone attainment demonstration for the Kern County APCD.
[46 FR 5979, Jan. 21, 1981, as amended at 48 FR 53118, Nov. 25, 1983; 50
FR 35798; Sept. 4, 1985; 53 FR 1781, Jan. 22, 1988; 53 FR 39088, Oct. 5,
1988; 53 FR 48537, Dec. 1, 1988; 55 FR 9878, 9880, Mar. 16, 1990; 56 FR
2853, Jan. 25, 1991]
Sec. 52.238 Commitment to undertake rulemaking.
(a) The Administrator shall undertake rulemaking, after the South
Coast mobile source public consultative process, to promulgate any VOC
and NOX mobile source controls which are determined to be
appropriate for EPA and needed for ozone attainment in the Los Angeles-
South Coast Air Basin Area.
(b) [Reserved]
[62 FR 1187, Jan. 8, 1997]
[[Page 215]]
Sec. 52.239 Alternate compliance plans.
(a) Alternative compliance plans (bubble plans) developed under the
District rules listed below must be submitted to EPA by the State of
California as SIP revisions. The emission limits contained in the
District rule will continue to be enforceable by EPA and private
citizens under sections 113 and 304(a) of the Act until the alternative
compliance plans are approved by EPA for inclusion in the SIP.
(1) Bay Area AQMD.
(i) Rule 4 of Regulation 8, submitted on February 7, 1980.
(b) Alternative compliance plans (bubble plans) developed under the
District rules listed below are considered the applicable requirements
in the SIP which are enforceable by EPA and private citizens under
section 113 and 304(a) of the Act. Alternative compliance plans must be
submitted to EPA after their approval by the District. The District
rules do not apply to or supersede the conditions that a source must
meet under nonattainment or PSD permit programs, new source performance
standards, or national emission standards for hazardous air pollutants.
(1) Bay Area AQMD.
(i) Rules 11, 13 and 19 of Regulation 8, submitted on February 7,
1980.
[47 FR 11870, Mar. 19, 1982]
Sec. 52.240 Compliance schedules.
(a) The requirements of Sec. 51.262(a) of this chapter are not met
in the following Air Pollution Control Districts since the regulations
cited do not provide increments to progress toward compliance.
(1) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A,
58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
(2) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
(3) Rules 53, 66.c, and 68.a of the Orange County APCD.
(4) Rule 39.1 of the Santa Barbara County APCD.
(5) Rule 59 of the Ventura County APCD.
(6) Rule 66(c) of the Los Angeles County APCD.
(7) Rule 4.5 of the Siskiyou County APCD.
(8) Rule 64(c) of the Northern Sonoma County APCD.
(9) Rule 409 of the Tulare County APCD.
(b) The requirements of Sec. 51.261 are not met since Rule 68.a of
the Orange County Air Pollution Control District does not provide for
compliance within 3 years after the Administrator's approval of the
plan.
(c) Federal compliance schedule. (1) Except as provided in paragraph
(c)(2) of this section, the owner or operator of any stationary source
subject to Rule 68.a of the Orange County Air Pollution Control District
shall comply with such rule or regulation on or before January 31, 1974.
(i) Any owner or operator in compliance with this rule on the
effective date of this regulation shall certify such compliance to the
Administrator no later than 120 days following the effective date of
this paragraph.
(ii) Any owner or operator who achieves compliance with such rule or
regulation after the effective date of this regulation shall certify
such compliance to the Administrator within 5 days of the date
compliance is achieved.
(2) Any owner or operator of a stationary source subject to
paragraph (c)(1) of this section may, not later than 120 days following
the effective date of this paragraph, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compliance
with the rules and regulations specified in paragraph (c)(1) of this
section as expeditiously as practicable but no later than July 31, 1975.
The compliance schedule shall provide for increments of progress toward
compliance. The dates for achievement of such increments of progress
shall be specified. Increments of progress shall include, but not be
limited to: Submittal of final control plan to the Administrator;
letting of necessary contracts for construction or process changes or
issuance of orders for the purchase of component parts to accomplish
emission control or process modification; initiation of onsite
construction or installation of emission control equipment or process
modification;
[[Page 216]]
completion of onsite construction or installation of emissioncontrol
equipment or process modification; and final compliance.
(3) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
(d) Regulation for increments of progress. (1) The requirements of
this paragraph are applicable to any stationary source in the following
Air Pollution Control Districts subject to the indicated regulations.
(i) Rules 50-A, 52-A, 53-A(a), 53-A(b), 53-A(c), 53.2, 53.3, 54.A,
58.A, 62.1, 68, 69, 70, and 71 of the San Bernardino County APCD.
(ii) Rules 53, 72.1, and 72.2 of the Riverside County APCD.
(iii) Rules 53 and 66.c of the Orange County APCD.
(iv) Rule 39.1 of the Santa Barbara County APCD.
(v) Rule 59 of the Ventura County APCD.
(vi) Rules 66(c) and 68 of the Los Angeles County APCD.
(vii) Rule 4.5 of the Siskiyou County APCD.
(viii) Rule 64(c) of the Northern Sonoma County APCD.
(ix) Rule 409 of the Tulare County APCD.
(2) Except as provided in paragraph (3) of this section, the owner
or operator of any stationary source shall, no later than 120 days
following the effective date of this paragraph, submit to the
Administrator for approval, a proposed compliance schedule that
demonstrates compliance with the applicable regulations as expeditiously
as practicable but no later than the final compliance date specified by
such applicable regulation. The compliance schedule shall provide for
periodic increments of progress toward compliance. The dates for
achievement of such increments shall be specified. Increments of
progress shall include, but not be limited to: Submittal of final
control plan to the Administrator; letting of necessary contracts for
construction or process changes or issuance of orders for the purchase
of component parts to accomplish emission control or process
modification; initiation of onsite construction or installation of
emission control equipment or process modification; completion of onsite
construction or installation of emission control equipment or process
modification; and final compliance.
(3) Where any such owner or operator demonstrates to the
satisfaction of the Administrator that compliance with the applicable
regulations will be achieved on or before January 31, 1974, no
compliance schedule shall be required.
(4) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
(5) Any compliance schedule adopted by the State and approved by the
Administrator shall satisfy the requirements of this paragraph for the
affected source.
(e) [Reserved]
(f) State compliance schedules. (1) [Reserved]
(2) The compliance schedules for the sources identified below are
disapproved as not meeting the requirements of Subpart N of this
chapter. All regulations cited are air pollution control regulations of
the county in which the source is located, unless otherwise indicated.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rule or regulation
Source Location (county) involved Date of adoption Effective date Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Simpson Lee Paper Co. (Order No. 72- Shasta................ 3.2................... Oct. 31, 1973........ Immediately.......... Jan. 15, 1976.
V-7).
Monolith Portland Cement Co. (Order Kern.................. 401(b), 404.1, 406.... Dec. 31, 1973........ ......do............. July 1, 1976.
No. 73-6 as amended Mar. 11, 1974).
--------------------------------------------------------------------------------------------------------------------------------------------------------
[37 FR 19814, Sept. 22, 1972]
[[Page 217]]
Editorial Note: For Federal Register citations affecting
Sec. 52.240, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.241 Interim approval of enhanced inspection and maintenance
program.
(a) Under section 348(c) of the National Highway Systems Designation
Act (Pub. L. 104-59), the California SIP is approved as meeting the
provisions of section 182(c)(3) for applicable ozone areas and section
187(a)(6) for applicable carbon monoxide areas with respect to the
requirements for enhanced motor vehicle inspection and maintenance. This
approval expires on August 7, 1998, or earlier if by such earlier date
the State has submitted as a SIP revision the required demonstration
that the credits are appropriate and that the program is otherwise in
compliance with the Clean Air Act and EPA takes final action approving
that revision.
[62 FR 1187, Jan. 8, 1997]
Sec. 52.242 Disapproved rules and regulations.
(a) The following Air Pollution Control District rules are
disapproved because they do not meet the requirements of section 110 of
the Clean Air Act.
(1) South Coast Air Quality Management District.
(i) Rule 1623, Credits for Lawn and Garden Equipment, submitted on
August 28, 1996 and adopted on May 10, 1996.
[65 FR 10717, Feb. 29, 2000]
Sec. 52.243 Interim approval of the Carbon Monoxide plan for the South
Coast.
The Carbon Monoxide plan for the Los Angeles-South Coast Air Basin
is approved as meeting the provisions of sections 171(1), 172(c)(2), and
187(a)(7) for quantitative milestones and reasonable further progress,
and the provisions of section 187(a)(7) for attainment demonstration.
This approval expires on August 7, 1998, or earlier if by such earlier
date the State has submitted as a SIP revision a demonstration that the
carbon monoxide emission reduction credits for the enhanced motor
vehicle inspection and maintenance program are appropriate and that the
program is otherwise in compliance with the Clean Air Act and EPA takes
final action approving that revision, as provided by section 348(c) of
the National Highway System Designation Act (Public Law 104-59).
[63 FR 19662, Apr. 21, 1998]
Secs. 52.244-52.245 [Reserved]
Sec. 52.246 Control of dry cleaning solvent vapor losses.
(a) For the purpose of this section, ``dry cleaning operation''
means that process by which an organic solvent is used in the commercial
cleaning of garments and other fabric materials.
(b) This section is applicable in the Metropolitan Los Angeles,
Sacramento Valley, and San Joaquin Valley Intrastate Air Quality Control
Regions (the ``Regions''), as described in 40 CFR part 81, dated July 1,
1979, except as follows:
(1) In the following portions of the Sacramento Valley Region, this
section is rescinded:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) Yuba County APCD.
(iv) Sutter County APCD.
(2) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is rescinded:
(i) Ventura County APCD.
(3) In the following portions of the San Joaquin Valley Intrastate
Region, this section is rescinded:
(i) San Joaquin County APCD.
(ii) Stanislaus County APCD.
(iii) Tulare County APCD.
(iv) Fresno County APCD.
(c) Any dry cleaning establishment that uses solvents containing 4
percent or more by volume of any reactive organic material listed under
paragraphs (k) (1), (2), and (3) of Sec. 52.254 except perchloroethylene
or any saturated halogenated hydrocarbon shall reduce the emissions of
the discharged organics by 90 percent by use of activated carbon
adsorption, or other appropriate means, not later than January 1, 1975.
[[Page 218]]
(d) If incineration is used as a control technique, 90 percent or
more of the carbon in the organic compounds being incinerated must be
oxidized to carbon dioxide.
[38 FR 31246, Nov. 12, 1973, as amended at 42 FR 41122, Aug. 15, 1977;
42 FR 42226, Aug. 22, 1977; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May
3, 1982; 47 FR 26385, June 18, 1982; 47 FR 28622, July 1, 1982; 47 FR
29670, July 8, 1982; 47 FR 50865, Nov. 10, 1982]
Secs. 52.247-52.251 [Reserved]
Sec. 52.252 Control of degreasing operations.
(a) ``Degreasing'' means any operation using an organic solvent as a
surface cleaning agent prior to fabricating, surface coating,
electroplating, or any other process.
(b) This section is applicable in the Sacramento Valley, San Joaquin
Valley, and San Francisco Bay Area Intrastate Air Quality Control
Regions (the ``Regions''), as described in 40 CFR part 81, dated July 1,
1979, except as follows:
(1) In the following portions of the Sacramento Valley Region, this
section is rescinded:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) Yuba County APCD.
(iv) Sutter County APCD.
(c) Any organic emissions discharged from degreasing operations must
either be reduced by at least 85 percent, or the degreasing solvent must
be classified as non-photochemically reactive as defined by paragraph
(k) of Sec. 52.254 not later than January 1, 1975. This regulation shall
not be construed as lessening any emission control requirement specified
under EPA approved regulations or Sec. 52.254. Degreasing operations
using perchloroethylene or saturated halogenated hydrocarbons shall be
exempt from the requirements of this section.
[38 FR 31249, Nov. 12, 1973, as amended at 42 FR 42226, Aug. 22, 1977;
47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR 19332, May
5, 1982; 47 FR 28622, July 1, 1982]
Sec. 52.253 Metal surface coating thinner and reducer.
(a) All terms defined in Sec. 52.254 are used herein with the
meanings so defined.
(b) This section is applicable in the Metropolitan Los Angeles, San
Diego, Sacramento Valley, San Joaquin Valley, and San Francisco Bay Area
Intrastate Air Quality Control Regions (the ``Regions''), as described
in 40 CFR part 81, dated July 1, 1979, except as follows:
(1) In the following portions of the Sacramento Valley Intrastate
Region, this section is either fully rescinded or partially rescinded
subject to the conditions specified as follows:
(i) Sacramento County APCD.
(ii) Placer County APCD (Mountain Counties Air Basin portion).
(iii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Yolo-Solano County Rule
2.25 submitted on February 25, 1980.
(iv) Yuba County APCD.
(v) Sutter County APCD.
(2) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is either fully rescinded or partially
rescinded subject to the conditions specified as follows:
(i) This section is fully rescinded for the Ventura County APCD.
(ii) This section is rescinded for magnet wire insulators, can and
coil coaters, metal parts coaters, and auto assembly line coaters which
are subject to and in full compliance with Rules 1107, 1115, 1125, and
1126 in the South Coast AQMD.
(iii) This section is rescinded for metal parts coaters that are
subject to and in full compliance with Rule 330 submitted on October 18,
1979, in the Santa Barbara County APCD.
(3) In the following portions of the San Joaquin Valley Intrastate
Region, this section is rescinded for certain sources subject to the
conditions specified:
(i) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Kern County Rule 410.4,
submitted on October 15, 1979.
(ii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Madera County APCD's
Rule 410.4 submitted on October 10, 1980.
(iii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance
[[Page 219]]
with Merced County Rule 409.4 submitted on October 10, 1980.
(iv) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with San Joaquin County Rule
409.4 submitted on October 10, 1980.
(v) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Stanislaus County Rule
410.4 submitted on October 10, 1980.
(vi) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Tulare County Rule
410.4 submitted on October 10, 1980.
(vii) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with Kings County Rule 410.4
submitted on October 10, 1980.
(viii) This section is rescinded for metal parts and products
coaters which are subject to and in full compliance with Fresno County
Rule 409.4 submitted on October 15, 1979.
(4) In the San Francisco Bay Area Intrastate Region this section is
rescinded for certain operations, subject to the conditions specified
below:
(i) This section is rescinded for metal container, closure and coil
coating operations, light and medium-duty motor vehicle assembly plants,
large appliance and metal furniture coaters, and miscellaneous metal
parts and products coating operations, which are subject to and in full
compliance with Rules 11, 13, 14, and 19 of Regulation 8 in the Bay Area
AQMD.
(5) In the San Diego Intrastate Region, this section is rescinded:
(i) This section is rescinded for metal parts and products coaters
which are subject to and in full compliance with San Diego APCD Rule
67.3, submitted on October 25, 1979.
(c) The composition of the organics in all metal surface coating
thinners and reducers that are manufactured after January 1, 1975, and
are used in the Regions, shall conform to paragraph (k) of Sec. 52.254
so as to be defined as a nonphotochemically reactive solvent.
(d) After July 1975, the composition of the organics in all metal
surface coating thinners and reducers that are used in the Regions,
shall conform to paragraph (k) of Sec. 52.254 so as to be defined as a
non-photochemically reactive solvent.
(e) If there is an inadequate supply of necessary solvent
ingredients needed in the manufacture of metal surface coating thinners
and reducers for the purpose of meeting the composition requirements of
this section in the time constraint required by this section; then
evidence of such a supply inadequacy must be presented to the
Administrator by the manufacturers of the metal surface coating thinners
and reducers, so that the Administrator may grant to the industry an
appropriate implementation time extension for meeting the requirements
of this section, if and as warranted by the evidence presented.
[38 FR 31249, Nov. 12, 1973, as amended at 42 FR 28123, June 2, 1977; 46
FR 5979, Jan. 21, 1981; 46 FR 42461, Aug. 21, 1981; 47 FR 11870, Mar.
19, 1982; 47 FR 15586, Apr. 12, 1982; 47 FR 18856, May 3, 1982; 47 FR
19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 24308, June 4, 1982;
47 FR 28622, July 1, 1982]
Sec. 52.254 Organic solvent usage.
(a) This section is applicable in the Sacramento Valley, San
Francisco Bay Area, and San Joaquin Valley Intrastate Air Quality
Control Regions (the ``Regions''), as described in 40 CFR part 81, dated
July 1, 1979, except as follows:
(1) In the following portions of the San Joaquin Valley Region, only
the hourly emission limitations contained in paragraphs (b), (c), and
(d) of this section are in effect; the following paragraphs, needed for
interpretation are also in effect: Paragraphs (e) through (l) and (o)
through (q) of this section. In addition, this section is entirely
rescinded for specific operations for some of the counties noted below:
(i) This section is rescinded entirely for metal parts and products
coaters which are subject to and in full compliance with Rule 409.4 for
the Fresno County APCD, Rule 410.4 for the Kings County APCD, Rule 410.4
for the Madera County APCD, Rule 409.4 for the Merced County APCD, Rule
409.4 for the San Joaquin County APCD, Rule 409.4 for the Stanislaus
County APCD, and Rule 410.4 for the Tulare County APCD.
[[Page 220]]
(ii) Kern County APCD. This section is rescinded entirely for metal
parts and product coaters which are subject to and in full compliance
with Rule 410.4.
(iii) Fresno County APCD.
(iv) San Joaquin County APCD.
(v) Madera County APCD.
(vi) Merced County APCD.
(2) In the following portions of the San Joaquin Valley Region, only
the hourly emission limitations contained in paragraphs (b), (c), and
(d) of this section and the architectural coatings and solvent disposal
emission limitations contained in paragraphs (m) and (n) of this section
are in effect; the following paragraphs, needed for interpretation and
enforcement of these emission limitations, are also in effect:
Paragraphs (e) through (l) and (o) through (q) of this section.
(i) Kings County APCD.
(3) In the following portions of the Sacramento Valley Region, this
section is rescinded:
(i) Sacramento County APCD.
(ii) Yolo-Solano APCD.
(iii) Shasta County APCD.
(iv) Placer County APCD (Mountain Counties Air Basin portion).
(v) Yuba County APCD.
(vi) Sutter County APCD.
(vii) El Dorado County (Mountain Counties Air Basin portion).
(4) This section is rescinded for the San Francisco Bay Area
Intrastate Region except for paragraph (d), which is retained until
December 31, 1982 for sources constructed prior to October 2, 1974. The
following paragraphs, needed for interpretation and enforcement of
paragraph (d) are also in effect: Paragraphs (e) through (l) and (o)
through (q) of this section.
(5) In the following portions of the Sacramento Valley Intrastate
Region, paragraph (m) of this section is rescinded.
(i) Butte County APCD.
(ii) Sutter County APCD.
(b) No person shall discharge into the atmosphere more than 15
pounds of organic materials in any 1 day or more than 3 pounds 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 by at
least 85 percent. Those portions of any series of articles, machines,
equipment, or other contrivances designed for processing continuous web,
strip, or wire that emit organic materials in the course of using
operations described in this section shall be collectively subject to
compliance with this section.
(c) A person shall not discharge to the atmosphere more than 40
pounds of organic materials in any 1 day or more than 8 pounds in any 1
hour from any article, machine, equipment, or other contrivance used
under conditions other than those described in paragraph (b) of this
section for employing or applying any photochemically reactive solvent,
as defined in paragraph (k) of this section, or material containing such
photochemically reactive solvent, unless said discharge has been reduced
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, or other
contrivance described in this section shall be included in determining
compliance with this paragraph. Emissions resulting from baking, heat-
curing, or heat-polymerizing as described in paragraph (b) 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 in the course of using operations
described in this section shall be collectively subject to compliance
with this section.
(d) A person shall not, after August 31, 1976, discharge into the
atmosphere more than 3,000 pounds of organic materials in any 1 day or
more than 450 pounds in any 1 hour from any article, machine, equipment,
or other contrivance in which any non-photochemically reactive organic
solvent or any material containing such a solvent is employed or
applied, unless said discharge has been reduced by at least 85 percent.
Emissions of organic materials into the atmosphere resulting
[[Page 221]]
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 (b) 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 in the course of using operations described
in this section shall be collectively subject to compliance with this
section.
(e) Emissions of organic materials to the atmosphere from the
cleaning with photochemically reactive solvent, as defined in paragraph
(k) of this section, of any article, machine, equipment, or other
contrivance described in paragraph (b), (c), or (d) of this section,
shall be included with the other emissions of organic materials for
determining compliance with this rule.
(f) Emissions of organic materials into the atmosphere required to
be controlled by paragraph (b), (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 oxidized to carbon dioxide, or
(2) Adsorption, or
(3) Processing in a manner determined by the Administrator to be not
less effective than the methods outlined in paragraph (f) (1) or (2) of
this section.
(g) 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 permit
to operate, or as specified by the Administrator, for indicating
temperatures, pressures, rates of flow, or other operating conditions
necessary to determine the degree and effectiveness of air pollution
control.
(h) Any person using organic solvents or any materials containing
organic solvents shall supply the 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.
(i) The provisions of this section 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 use of equipment for which other requirements are specified
by rules or which are exempted from air pollution control requirements
by applicable rules affecting the storage of petroleum products,
effluent oil-water separators, and the transfer of gasoline.
(3) The spraying or other employment of insecticides, pesticides, or
herbicides.
(4) The employment, application, evaporation, or drying of saturated
halogenated hydrocarbons or perchloroethylene.
(5) The use of any material in any article, machine, equipment, or
other contrivance described in paragraph (b), (c), (d), or (e) of this
section, if:
(i) The volatile content of such materials consists only of water
and organic solvent, and
(ii) The organic solvents comprise not more than 20 percent by
volume of said volatile content, and
(iii) The volatile content is not photochemically reactive as
defined in paragraph (k) 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 contrivances that are constructed or modified after the
effective date of this section.
(6) The use of any material in any article, machine, equipment or
other contrivance described in paragraph (b), (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; this to be effective until January
1, 1977. After January 1, 1977, the organic solvent content of such
material must not exceed 20 percent by volume of said material.
[[Page 222]]
(ii) The volatile content is not photochemically reactive as defined
in paragraph (k) of this section, and
(iii) 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 contrivances that are
constructed or modified after the effective date of this section.
(j) For the purposes of this section, organic solvents include
diluents, thinners, and reducers and are defined as organic materials
that are liquids at standard conditions and are used as dissolvers,
viscosity reducers, or cleaning agents, except that such materials
exhibiting a boiling point higher than 220 deg.F at 0.5 millimeter
mercury absolute pressure or having an equivalent vapor pressure shall
not be considered to be solvents unless exposed to temperatures
exceeding 220 deg.F.
(k) For the purpose of this section, a photochemically reactive
solvent is 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, referred to the total volume of solvent:
(1) A combination of hydrocarbons, alcohols, aldehydes, esters,
ethers, or ketones having an olefinic or cycloolefinic type of
unsaturation; 5 percent;
(2) A combination of aromatic compounds with 8 or more carbon atoms
to the molecule except ethylbenzene, phenyl acetate, and methyl
benzoate; 8 percent;
(3) 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 percent of the total volume of solvents.
(l) For the purpose of this section, organic materials are defined
as chemical compounds of carbon excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbonates, and ammonium carbonate.
(m) Architectural coatings and their use shall conform to the
following requirements, on or before January 1, 1975:
(1) A person shall not sell or offer for sale or use in the areas in
which this section applies, in containers of 1-quart capacity or larger,
any architectural coating containing photochemically reactive solvent,
as defined in paragraph (k) of this section.
(2) A person shall not employ, apply, evaporate, or dry in the areas
in which this section applies, any architectural coating purchased in
containers of 1-quart capacity or larger containing photochemically
reactive solvent, as defined in paragraph (k) of this section.
(3) A person shall not thin or dilute any architectural coating with
a photochemically reactive solvent, as defined in paragraph (k) of this
section.
(4) For the purpose of this section, an architectural coating is
defined as a coating used for residential or commercial buildings and
their appurtenances, or for industrial buildings.
(n) A person shall not during any one day dispose of a total of more
than 1.5 gallons of any photochemically reactive solvent as defined in
paragraph (k) of this section, 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.
(o) Compliance schedule. (1) Except where other final compliance
dates are provided in this section, the owner or operator of any
stationary source subject to this section shall comply with this section
on or before March 31, 1974. In any event:
(i) Any owner or operator in compliance with this section on the
effective date of this section shall certify such compliance to the
Administrator no later than 120 days following the effective date of
this section.
(ii) Any owner or operator who achieves compliance with this section
after the effective date of this section shall certify such compliance
to the Administrator within 5 days of the date compliance is achieved.
[[Page 223]]
(p) Any owner or operator of a stationary source subject to
paragraph (o)(1) of this section may, not later than 120 days following
the effective date of this section, submit to the Administrator for
approval a proposed compliance schedule that demonstrates compliance
with the provisions in paragraph (o)(1) of this section as expeditiously
as practicable but no later than July 31, 1975. The compliance schedule
shall provide for increments of progress toward compliance. The dates
for achievement of such increments of progress shall be specified.
Increments of progress shall include, but not be limited to:
Submittal of a final control plan to the Administrator; letting of
necessary contracts for construction or process changes or issuance of
orders for the purchase of component parts to accomplish emission
control or process modification; initiation of onsite construction or
installation of emission control equipment or process modification;
completion of onsite construction or installation of emission control
equipment or process modification and final compliance.
(q) Any owner or operator who submits a compliance schedule pursuant
to this section shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
[38 FR 31249, Nov. 12, 1973]
Editorial Note: For Federal Register citations affecting
Sec. 52.254, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.255 Gasoline transfer vapor control.
(a) ``Gasoline'' means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles and
Sacramento Valley Intrastate Air Quality Control Regions, as described
in 40 CFR part 81, dated July 1, 1979, with the following exceptions:
(1) The control requirements of this section are limited to
facilities with a total throughput less than 20,000 gallons per day, the
refilling of delivery vessels at these facilities, and storage
containers serviced by these facilities for those air pollution control
districts identified below.
(i) Ventura County APCD.
(2) The control requirements of this section are rescinded in the
following air pollution control districts.
(i) South Coast AQMD.
(ii) Santa Barbara County APCD.
(iii) Placer County APCD (Mountain Counties Air Basin portion).
(iv) Sacramento County APCD.
(v) Yolo-Solano County APCD.
(vi) Butte County APCD.
(vii) Glenn County APCD.
(viii) El Dorado County APCD (Mountain Counties Air Basin portion).
(3) The control requirements of this section are rescinded in the
following air pollution control districts:
(i) South Coast AQMD.
(ii)-(viii) [Reserved]
(ix) Santa Barbara County APCD.
(x) Placer County APCD (Mountain Counties Air Basin portion).
(xi) Sacramento County APCD.
(xii) Yolo-Solano County APCD.
(xiii) Butte County APCD.
(xiv) Glenn County APCD.
(c) No person shall transfer gasoline from any delivery vessel into
any stationary storage container with a capacity greater than 250
gallons unless such container is equipped with a submerged fill pipe and
unless the displaced vapors from the storage container are processed by
a system that prevents release to the atmosphere of no less than 90
percent by weight of organic compounds in said vapors displaced from the
stationary container location.
(1) The vapor recovery portion of the system shall include one or
more of the following:
(i) A vapor-tight return line from the storage container to the
delivery vessel and a system that will ensure that the vapor return line
is connected before gasoline can be transferred into the container.
(ii) Refrigeration-condensation system or equivalent designed to
recover no less than 90 percent by weight of the organic compounds in
the displaced vapor.
[[Page 224]]
(2) If a ``vapor-tight vapor return'' system is used to meet the
requirements of this section, the system shall be so constructed as to
be readily adapted to retrofit with an adsorption system, refrigeration-
condensation system, or equivalent vapor removal system, and so
constructed as to anticipate compliance with Sec. 52.256.
(3) The vapor-laden delivery vessel shall be subject to the
following conditions:
(i) The delivery vessel must be so designed and maintained as to be
vapor-tight at all times.
(ii) The vapor-laden delivery vessel may be refilled only at
facilities equipped with a vapor recovery system or the equivalent,
which can recover at least 90 percent by weight of the organic compounds
in the vapors displaced from the delivery vessel during refilling.
(iii) Facilities that do not have more than a 20,000 gallon per day
throughput, and distribute less than 10% of daily volume to delivery
vehicles that in turn service storage tanks that are required to have a
vapor return or balance system, will not be required to comply with the
provisions of paragraph (c) of this section before May 31, 1977.
Facilities that service delivery vehicles that in turn deliver not more
than 500,000 gallons per year to storage tanks that are required to
comply with the provisions of paragraph (c) of this section will not be
required to comply with the provisions of paragraph (c) of this section
before January 1, 1977. Facilities that exclusively service storage
tanks that do not have a required vapor return or balance system, will
not be required to have a vapor recovery system.
(iv) Gasoline storage compartments of 1,000 gallons or less in
gasoline delivery vehicles presently in use on the promulgation date of
this regulation will not be required to be retrofitted with a vapor
return system until May 31, 1977.
(v) Storage containers served by delivery vessels filled at
distribution facilities with extended compliance dates will not be
required to comply with the provisions of paragraph (c) of this section
until May 31, 1977.
(d) The provisions of paragraph (c) of this section shall not apply
to the following:
(1) Storage containers used primarily for the fueling of implements
of husbandry, if such container is equipped by May 31, 1977 with a
permanent submerged fill pipe, or at the time of installation for
containers installed after this date.
(2) Any storage container having a capacity of 2,000 gallons or less
and installed prior to July 1, 1975, if such container is equipped with
a permanent submerged fill pipe by May 31, 1977.
(3) Transfer made to storage tanks equipped with floating roofs or
their equivalent.
(4) Storage containers installed after July 1, 1975 in Kings County.
(5) Storage containers installed after January 1, 1975 in Madera
County.
(e) Compliance schedule:
(1) June 1, 1974--Submit to the Administrator a final control plan,
which describes at a minimum the steps that will be taken by the source
to achieve compliance with the provisions of paragraph (c) of this
section.
(2) March 1, 1975--Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of component
parts to accomplish emission control.
(3) May 1, 1975--Initiate on-site construction or installation of
emission control equipment.
(4) February 1, 1976--Complete on-site construction or installation
of emission control equipment.
(5) July 1, 1976--Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of 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.
(f) Paragraph (e) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions
of paragraph (c) of this section and which has
[[Page 225]]
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
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 March 1, 1976. If promulgated
by the Administrator, such schedule shall satisfy the requirements of
this section for the affected source.
(g) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (e) of this section fails to
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
(h) Any gasoline-dispensing facility subject to this section that
installs a storage tank after the effective date of this section shall
comply with the requirements of paragraph (c) of this section by March
1, 1976 and prior to that date shall comply with paragraph (e) of this
section as far as possible. Any facility subject to this section that
installs a storage tank after March 1, 1976, shall comply with the
requirements of paragraph (c) of this section at the time of
installation.
[38 FR 31251, Nov. 12, 1973]
Editorial Note: For Federal Register citations affecting
Sec. 52.255, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.256 Control of evaporative losses from the filling of vehicular
tanks.
(a) ``Gasoline'' means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the Metropolitan Los Angeles and
Sacramento Valley Intrastate Air Quality Control Regions, except as
follows:
(1) In the following portions of the Metropolitan Los Angeles
Intrastate Region, this section is rescinded.
(i) South Coast AQMD.
(ii) Santa Barbara County APCD.
(2) In the following portions of the San Joaquin Valley Intrastate
Region, this section is rescinded.
(i) Kings County APCD.
(3) In the following portion of the Sacramento Valley Intrastate
Region, this section is rescinded.
(i) Sacramento County APCD.
(ii) El Dorado County APCD (Mountain Counties Air Basin portion).
(iii) Placer County APCD (Mountain Counties Air Basin portion).
(c) A person shall not transfer gasoline to an automotive fuel tank
from a gasoline dispensing system unless the transfer is made through a
fill nozzle designed to:
(1) Prevent discharge of hydrocarbon vapors to the atmosphere from
either the vehicle filler neck or dispensing nozzle;
(2) Direct vapor displaced from the automotive fuel tank to a system
wherein at least 90 percent by weight of the organic compounds in
displaced vapors are recovered; and
(3) Prevent automotive fuel tank overfills or spillage on fill
nozzle disconnect.
(d) The system referred to in paragraph (c) of this section can
consist of a vapor-tight vapor return line from the fill nozzle/filler
neck interface to the dispensing tank or to an adsorption, absorption,
incineration, refrigeration-condensation system or its equivalent.
(e) Components of the systems required by paragraph (c) of
Sec. 52.255 can be used for compliance with paragraph (c) of this
section.
(f) If it is demonstrated to the satisfaction of the Administrator
that it is impractical to comply with the provisions of paragraph (c) of
this section as a result of vehicle fill neck configuration, location,
or other design features for a class of vehicles, the provisions of this
paragraph shall not apply to such vehicles. However, in no case shall
such configuration exempt any gasoline dispensing facility from
installing and using in the most effective manner a system required by
paragraph (c) of this section.
(g) Compliance schedule:
(1) January 1, 1975--Submit to the Administrator a final control
plan, which describes at a minimum the
[[Page 226]]
steps that will be taken by the source to achieve compliance with the
provisions of paragraph (c) of this section.
(2) March 1, 1975--Negotiate and sign all necessary contracts for
emission control systems, or issue orders for the purchase of component
parts to accomplish emission control.
(3) May 1, 1975--Initiate on-site construction or installation of
emission control equipment. Compliance with the requirements of
paragraph (c) of this section shall be as soon as practicable, but no
later than specified in paragraphs (g) (4) and (5)of this section.
(4) May 1, 1977--Complete on-site construction or installation of
emission control equipment or process modification.
(5) May 31, 1977--Assure final compliance with the provisions of
paragraph (c) of this section.
(6) Any owner or operator of sources subject to the compliance
schedule in this paragraph (g) 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.
(h) Paragraph (g) of this section shall not apply:
(1) To a source which is presently in compliance with the provisions
of paragraph (c) of this section 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 section for the affected source.
(i) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (g) of this section fails to
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
(j) Any gasoline dispensing facility subject to this section that
installs a gasoline dispensing system after the effective date of this
section shall comply with the requirements of paragraph (c) of this
section by May 31, 1977, and prior to that date shall comply with
paragraph (g) of this section as far as possible. Any facility subject
to this section that installs a gasoline dispensing system after May 31,
1977, shall comply with the requirements of paragraph (c) of this
section at the time of installation.
[38 FR 31251, Nov. 12, 1973, as amended at 39 FR 4881, Feb. 8, 1974; 39
FR 21053, June 18, 1974; 46 FR 5979, Jan. 21, 1981; 46 FR 60203, Dec. 9,
1981; 47 FR 19332, May 5, 1982; 47 FR 19698, May 7, 1982; 47 FR 28622,
July 1, 1982; 47 FR 29538, July 7, 1982; 51 FR 40676, Nov. 7, 1986]
Secs. 52.257-52.262 [Reserved]
Sec. 52.263 Priority treatment for buses and carpools--Los Angeles
Region.
(a) Definitions:
(1) ``Carpool'' means a vehicle containing three or more persons.
(2) ``Bus/carpool lane'' means a lane on a street or highway open
only to buses (or to buses and carpools), whether constructed especially
for that purpose or converted from existing lanes.
(3) ``Preferential treatment'' for any class of vehicles, means
either the setting aside of one traffic lane for the exclusive use of
such vehicles or other measures (for example, access metering or setting
aside the entire street), which the Administrator finds would be at
least equal in VMT reduction effect to the establishment of such a lane.
(b) This regulation is applicable in the Metropolitan Los Angeles
Intrastate Air Quality Control Region (the ``Region'').
(c) On or before May 31, 1974, the State of California, through the
State Department of Transportation or through other agencies to which
legal authority has been delegated, shall establish the following system
of bus/carpool lanes.
(1) Ventura/Hollywood Corridor--a concurrent flow exclusive bus/
carpool lane from Topanga Canyon Boulevard, Woodland Hills (U.S. 101) to
junction of the Hollywood Freeway, and
[[Page 227]]
contraflow on the Hollywood Freeway (U.S. 101) from the junction with
Ventura Freeway in North Hollywood to Vermont Avenue, and bus
preferential treatment on arterial surface streets from Vermont Avenue
to the Los Angeles central business district (CBD).
(2) Harbor Freeway Corridor--contraflow on Harbor Freeway
(California 11) from vicinity of Pacific Coast Highway, in Wilmington,
to junction of Santa Monica Freeway (I-10), then by surface street
preferential treatment to LA/CBD.
(3) Wilshire Corridor--surface street preferential bus treatment
from vicinity of San Vincente Boulevard, to LA/CBD.
(4) San Bernardino Freeway Corridor-Bus/carpool lane, either
contraflow, or concurrent flow on San Bernardino Freeway from El Monte
terminus of existing San Bernardino Freeway bus lane (I-10), to vicinity
of Ontario Airport.
(5) Priority Treatment in CBD--provide preferential treatment in CBD
on surface streets to connect Wilshire and San Bernardino corridors.
(d) On or before May 31, 1976, the State of California, through the
State Department of Transportation or other agencies to which legal
authority has been delegated, shall establish the following system of
bus and bus/carpool lanes:
(1) Contraflow lane on the Golden State Freeway (I-5) from junction
of Ventura Freeway (California 134) in Los Angeles to San Bernardino
Freeway (I-10).
(2) Contraflow on Pasadena Freeway (California 11) from terminus in
City of Pasadena to Hollywood Freeway (U.S. 101).
(3) Contraflow on Pomona Freeway from San Gabriel Freeway (I-605) to
Santa Ana Freeway (I-5).
(4) Concurrent flow in San Diego Freeway (I-405) from Ventura
Freeway (U.S. 101) in Sherman Oaks to Newport Freeway (California 55),
Costa Mesa.
(5) Concurrent flow on Long Beach Freeway (California 7) from Santa
Ana Freeway (I-5), City of Commerce to San Diego Freeway (I-405), Long
Beach.
(6) Artesia Freeway (California 91) from Santa Ana Freeway (I-5) to
Long Beach Freeway (California 7), Long Beach.
(e) State III will include specific routes in other portions of the
Region.
(f) On or before December 31, 1973, the State of California shall
submit to the Administrator a compliance schedule showing the steps it
will take to establish the system of bus/carpool lanes required by
paragraphs (c) and (d) of this section, with each schedule to include
the following:
(1) A schedule for the establishment of the lanes. The schedule for
the lanes required by paragraph (d) of this section shall provide for
the first such lane to be set aside no later than June 1, 1974.
(2) Bus/carpool lanes must be prominently indicated by overhead
signs at appropriate intervals and at each intersection of entry ramps.
(3) Bus/carpool lanes must be prominently indicated by distinctive
painted, pylon, or physical barriers.
(4) Vehicles using a bus/carpool lane shall have the right of way
when crossing other portions of the road to enter or leave such lanes.
(5) At a minimum, the bus/carpool lanes so set aside shall operate
from 6:30 a.m. to 9:30 a.m. and from 3:30 to 6:30 a.m. each weekday.
(g) No deviation from the system of bus/carpool lanes required under
paragraphs (c) and (d) of this section shall be permitted except upon
application made by the State of California to the Administrator at the
time of submittal of compliance schedules and approved by him, which
application must contain a satisfactory designation of alternate routes
for the establishment of such lanes.
[38 FR 31254, Nov. 12, 1973]
Secs. 52.264-52.268 [Reserved]
Sec. 52.269 Control strategy and regulations: Photochemical oxidants
(hydrocarbons) and carbon monoxide.
(a) The requirements of subpart G of this chapter are not met
because the plan does not provide for attainment and maintenance of the
national standards for photochemical oxidants (hydrocarbons) and carbon
monoxide in the San Francisco Bay Area, San
[[Page 228]]
Diego, Sacramento Valley, San Joaquin Valley, and Southeast Desert
Intrastate Regions by May 31, 1975.
(b) The following regulatory changes represent a relaxation of
previously submitted regulations, and an adequate control strategy
demonstration has not been submitted showing that the relaxation would
not interfere with the attainment and maintenance of the national
standards for photochemical oxidants.
(1) Mountain Counties Intrastate Region.
(i) Calaveras County APCD.
(A) The revocation of Rule 412, Organic Liquid Loading, is
disapproved. Rule 412 submitted on June 30, 1972 and previously approved
in 40 CFR 52.223 is retained.
(B) The revocation of Rule 413, Effluent Oil Water Separators, is
disapproved; and Rule 413 submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(ii) Tuolumne County APCD.
(A) The revocation of Rule 413, Organic Liquid Loading, is
disapproved; and Rule 413 submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(B) The revocation of Rule 414, Effluent Oil Water Separators, is
disapproved; and Rule 414 submitted on June 30, 1972 and previously
approved in 40 CFR 52.223 is retained.
(C) The revocation of Rule 413, Organic Liquid Loadings, submitted
February 10, 1977, is disapproved; and the previously approved Rule 413
submitted on June 30, 1972 remains in effect.
(D) The revocation of Rule 414, Effluent Oil Water Separators,
submitted on February 10, 1977, is disapproved; and the previously
approved Rule 414 submitted on June 30, 1972, remains in effect.
(1-1) San Joaquin Valley Intrastate Region.
(i) Stanislaus County APCD.
(A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule
411.1 submitted on April 21, 1976 remains in effect.
(ii) Merced County APCD.
(A) Rule 411.1, submitted on November 4, 1977, is disapproved. Rule
411.1, submitted on August 2, 1976, remains in effect.
(iii) Fresno County APCD.
(A) Rules 411.1, Gasoline Transfer Into Vehicle Fuel Tanks,
submitted on November 4, 1977, is disapproved; and Rule 411.1 submitted
on April 21, 1976, and previously approved under 40 CFR 52.223, is
retained.
(iv) Tulare County APCD.
(A) Section 412.1, Transfer of Gasoline Into Vehicle Fuel Tanks,
submitted on October 13, 1977, is disapproved; and Section 412.1,
submitted on April 21, 1976, and previously approved under 40 CFR
52.223, is retained.
(v) Madera County APCD.
(A) Rule 412.1, Transfer of Gasoline Into Stationary Storage
Containers, submitted on October 13, 1977, is disapproved; and Rules
411, Gasoline Storage and 411.1, Transfer of Gasoline Into Stationary
Storage Containers, submitted on June 30, 1972, and April 10, 1976,
respectively, and previously approved under 40 CFR 52.223 are retained.
(vi) San Joaquin County APCD.
(A) Rule 411.2, Transfer of Gasoline Into Vehicle Fuel Tanks,
submitted on November 4, 1977, is disapproved; and rule 411.2, submitted
on February 10, 1976 and previously approved under 40 CFR 52.223, is
retained.
(2) Sacramento Valley intrastate region:
(i) Sacramento County APCD.
(A) Rule 13 submitted on November 4, 1977, is disapproved.
(ii) Placer County APCD.
(A) Rule 218, Architectural Coatings, adopted on May 20, 1985 and
submitted to EPA on February 10, 1986 is disapproved. The version of
this rule by the same number and title submitted on July 19, 1983 and
approved by EPA on May 3, 1984 is retained.
(iii) Sutter County APCD.
(A) Rule 3.15, Architectural Coatings, adopted on October 15, 1985
and submitted to EPA on February 10, 1986 is disapproved. The version of
this rule by the same number and title submitted on January 1, 1981 and
approved by EPA on May 3, 1982 is retained.
(3) Southeast Desert Intrastate AQCR.
(i) Los Angeles County APCD.
(A) Regulation IV, rule 465, Vacuum Producing Devices or Systems,
submitted on June 6, 1977, is disapproved.
[[Page 229]]
Rule 74 with the same title, submitted on June 6, 1977, is disapproved.
Rule 69 with the same title, submitted on June 30, 1972 and approved
under 40 CFR 52.223, is retained.
(ii) Riverside County APCD.
(A) Regulation IV, rule 465, Vacuum Producing Devices or Systems,
submitted on June 6, 1977, is disapproved. Rule 74 with the same title,
submitted on June 30, 1972 and approved under 40 CFR 52.223, is
retained.
(B) Rule 461, Gasoline Transfer and Dispensing, submitted November
4, 1977, is disapproved. The version of this rule submitted on April 21,
1977 (same number and title), which was previously approved in 40 CFR
52.223, is retained.
(4) Great Basin Valleys Intrastate Region.
(i) Great Basin Unified APCD.
(A) Rule 418 submitted on November 4, 1977, is disapproved. Rule 418
submitted on April 21, 1976 remains in effect.
(B) Rule 419, Gasoline Loading into Stationary Tanks, submitted on
June 22, 1978, is disapproved, and rule 419, submitted April 21, 1976,
and previously approved in 40 CFR 52.223, is retained.
(c) The following rules and regulations are disapproved because they
represent a relaxation of promulgated EPA regulations, and an adequate
control strategy demonstration has not been submitted showing that the
relaxation would not interfere with the attainment and maintenance of
the national standrds for photochemical oxidants:
(1) Sacramento Valley Intrastate AQCR.
(i) Yolo-Solano APCD.
(A) Rules 2.21(b)(1), 2.21(b)(2), 2.21(b)(4), 2.21(b)(5) and
2.21(b)(6), submitted on June 6, 1977.
(d) Imperial County APCD Rule 415, Gasoline Loading from Tank Trucks
and Trailers, submitted by the State on November 4, 1977 is approved as
applicable to facilities installed after July 1, 1977. District Rule
125, Gasoline Loading into Tank Trucks and Trailers and Rule 129,
Gasoline loading into Tanks, submitted on February 21, 1972 and
previously approved under 40 CFR 52.223 are retained as part of the
State implementation plan, as applicable to facilities installed prior
to July 1, 1977.
(e) The emission reduction credits for the following control
measures contained in Ventura County's 1982 Ozone nonattainment area
plan, submitted by the Governor's designee on December 31, 1982, are
disapproved since the control measures are of an intermittent and
voluntary nature and are therefore not approvable under Sections
110(a)(2)(F)(v) and 123 of the Clean Air Act: R-38/N-16, ``No Use Day'';
R-39/N-17, ``No Drive Day''; R-40, ``No Spray Day''; R-41/N-18
``Stationary Source Curtailments.''
[38 FR 16564, June 22, 1973. Redesignated at 40 FR 3767, Jan. 24, 1975]
Editorial Note: For Federal Register citations affecting
Sec. 52.269, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Effective Date Note: At 66 FR 33179, June 21, 2001, Sec. 52.269 was
amended by adding paragraph (b)(3)(iii), effective July 23, 2001. For
the convenience of the user, the added text follows:
Sec. 52.269 Control strategy and regulations: Photochemical oxidants
(hydrocarbons) and carbon monoxide.
* * * * *
(b) * * *
(3) * * *
(iii) Antelope Valley APCD.
(A) Rule 461, Gasoline Transfer and Dispensing, submitted on May 13,
1999, is disapproved. The version of this rule submitted on January 31,
1996 (same title and number), which was previously approved in 40 CFR
52.220, is retained.
* * * * *
Sec. 52.270 Significant deterioration of air quality.
(a) With the exception of the areas listed in paragraph (b) of this
section:
(1) The requirements of Sections 160 through 165 of the Clean Air
Act are not met in California.
(2) The plan does not include approvable procedures for preventing
the significant deterioration of air quality.
(3) The provisions of Sec. 52.21(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of California.
[[Page 230]]
(b) District PSD Plans. (1) The PSD rules for the Sacramento County
Air Pollution Control District are approved under Part C, Subpart 1, of
the Clean Air Act. However, EPA is retaining authority to apply
Sec. 52.21 in certain cases. The provisions of Sec. 52.21 (b) through
(w) are therefore incorporated and made a part of the state plan for
California for the Sacramento County Air Pollution Control District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources or major
modifications under Sec. 52.21 and which would either have stacks taller
than 65 meters or would use ``dispersion techniques'' as defined in
Sec. 51.1.
(iii) Sources for which EPA has issued permits under Sec. 52.21,
including the following permit and any others for which applications are
received by June 19, 1985.
Procter & Gamble, SAC 83-01, 5/6/83.
(2) The PSD rules for the North Coast Unified Air Quality Management
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21 (b) through (w) are therefore
incorporated and made a part of the state plan for California for the
North Coast Unified Air Quality Management District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources of major
modifications under Sec. 52.21 and which would either have stacks taller
than 65 meters or would use ``dispersion techniques'' as defined in
Sec. 51.1.
(iii) Sources for which EPA has issued permits under Sec. 52.21,
including the following permits and any others for which applications
are received by July 31, 1985;
(A) Arcata Lumber Co. (NC 78-01; November 8, 1979),
(B) Northcoast Paving (NC 79-03; July 5, 1979),
(C) PG&E Buhne Pt. (NC 77-05).
(3) The PSD rules for the Mendocino County Air Pollution Control
District are approved under Part C, Subpart 1, of the Clean Air Act.
However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21 (b) through (w) are therefore
incorporated and made a part of the state plan for California for the
Mendocino County Air Pollution Control District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources or major
modifications under Sec. 52.21 and which would either have stacks taller
than 65 meters or would use ``dispersion techniques'' as defined in
Sec. 51.1.
(iii) Any sources for which EPA has issued permits under Sec. 52.21,
including any permits for which applications are received by July 31,
1985.
(4) The PSD rules for the Northern Sonoma County Air Pollution
Control District are approved under Part C, Subpart 1, of the Clean Air
Act. However, EPA is retaining authority to apply Sec. 52.21 in certain
cases. The provisions of Sec. 52.21 (b) through (w) are therefore
incorporated and made a part of the state plan for California for the
Northern Sonoma County Air Pollution Control District for:
(i) Those cogeneration and resource recovery projects which are
major stationary sources or major modifications under Sec. 52.21 and
which would cause violations of PSD increments.
(ii) Those projects which are major stationary sources or major
modifications under Sec. 52.21 and which would either have stacks taller
than 65 meters or would use ``dispersion techniques'' as defined in
Sec. 51.1.
(iii) Any sources for which EPA has issued permits under Sec. 52.21,
including any permits for which applications are received by July 31,
1985.
[50 FR 25419, June 19, 1985, as amended at 50 FR 30943, July 31, 1985]
[[Page 231]]
Sec. 52.271 Malfunction, startup, and shutdown regulations.
(a) The following regulations are disapproved because they would
permit the exemption of sources from the applicable emission limitations
and therefore do not satisfy the enforcement imperatives of section 110
of the Clean Air Act.
(1) Amador County APCD.
(i) Rule 404, submitted on April 21, 1976.
(ii) Rule 4f, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(2) Bay Area APCD.
(i) Regulation 2, Section 3212, and Regulation 3, Section 3203,
submitted on April 21, 1976.
(ii) Regulation 2, Section 3212, submitted on February 21, 1972, and
previously approved under 40 CFR 52.223 (37 FR 10842).
(3) Calaveras County APCD.
(i) Rules 110 and 402(f), submitted on July 25, 1973.
(ii) Rule 404, submitted on October 13, 1977.
(4) Colusa County APCD.
(i) Rule 4.4g, submitted on July 25, 1973, and Rule 4.4g, submitted
on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR
19812).
(5) Del Norte County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Rule 45, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(6) Fresno County APCD.
(i) Rule 110, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223.
(ii) Rules 110 and 402(f), submitted on October 23, 1974.
(7) Glenn County APCD.
(i) Rules 95.2 and 95.3, submitted on January 10, 1975.
(8) Great Basin Unified APCD.
(i) Rule 403, submitted on June 6, 1977.
(ii) Rule 617, submitted on November 4, 1977.
(9) Humboldt County APCD.
(i) Rule 540, Submitted on November, 10, 1976.
(ii) Rule 59, Submitted on February 21, 1972 and previously approved
under 40 CFR 52.223 (37 FR 10842).
Editorial Note: At 46 FR 27118, May 18, 1981, the following
paragraph (a)(9) was added to Sec. 52.271.
(9) Monterey Bay Unified APCD.
(i) Rule 214, submitted on March 4, 1980.
(ii) Rule 617, submitted on May 23, 1979.
(10) Kern County APCD.
(i) Rule 111, submitted on July 19, 1974.
(11) Kings County APDC.
(i) Rule 111, submitted on July 25, 1973, and Rule 111, submitted on
July 30, 1972, and previously approved under 40 CFR 52.223.
(ii) Rule 111, submitted on November 4, 1977.
(12) Lake County APCD.
(i) Chapter III, Article I, Section 500, and Article II, Sections
510 and 511, submitted on February 10, 1977.
(ii) Part VI, Sections 1 and 2, submitted on June 30, 1972, and
previously approved under 40 CFR 52.223.
(13) Los Angeles County APCD.
(i) Rule 430, submitted on June 6, 1977.
(14) Madera County APCD.
(i) Rule 402(f), submitted on January 10, 1975, and Rule 110,
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(ii) Rule 110, submitted on January 10, 1975.
(15) Mariposa County APCD.
(i) Rule 203(j), submitted on January 10, 1975, and Rule 4.3(g),
submitted on February 21, 1972, and previously approved under 40 CFR
52.223.
(ii) Rule 404, submitted on June 6, 1977.
(16) Mendocino County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Sections 1 and 2 of Part VI, submitted on February 21, 1972,
and previously approved under 40 CFR 52.223 (37 FR 10842).
(17) Merced County APCD.
(i) Rule 109, submitted on August 2, 1976.
(ii) Rule 109, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(18) Nevada County APCD.
(i) Rule 55(f), submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
[[Page 232]]
(19) Northern Sonoma County APCD.
(i) Rule 540, submitted on November 10, 1976.
(20) Placer County APCD.
(i) Rule 55(f), submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(ii) Rule 404, submitted on October 13, 1977.
(21) Plumas County APCD.
(i) Rule 203(j), submitted on January 10, 1975.
(ii) Rule 404, submitted on June 6, 1977.
(22) Riverside County APCD.
(i) Rule 430, submitted on June 6, 1977.
(23) San Bernardino County APCD.
(i) Rule 430, submitted on June 6, 1977.
(ii) Rule 55, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(24) San Joaquin County APCD.
(i) Rule 110, submitted on October 23, 1974, and Rule 110, submitted
on June 30, 1972, and previously approved under 40 CFR 52.223 (37 FR
19812).
(25) San Luis Obispo County APCD.
(i) Rule 107, submitted on November 10, 1976.
(ii) Rule 102, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223 (37 FR 10842).
(26) Shasta County APCD.
(i) Rule 3:10, submitted on July 19, 1974.
(ii) Rule 3:10, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(27) Sierra County APCD.
(i) Rule 51, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812), and Rule 203(j), submitted on January
10, 1975, and previously approved under 40 CFR 52.223 (42 FR 23805).
(ii) Rule 404, submitted on June 6, 1977.
(28) Southern California APCD.
(i) Rule 430, submitted on February 10, 1977.
(29) Stanislaus County APCD.
(i) Rule 110, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812), and Rule 110, submitted on July 19,
1974.
(30) Tehama County APCD.
(i) Rule 417, submitted on July 19, 1974.
(ii) Rule 4:1g, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(31) Trinity County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Rule 44, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(32) Tulare County APCD.
(i) Rules 111 and 402(f), submitted on November 10, 1976.
(33) Tuolumne County APCD.
(i) Rule 404, submitted on February 10, 1977, and Rule 402(f),
submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(34) Ventura County APCD.
(i) Rule 32, submitted on July 19, 1974.
(ii) Rule 32, submitted on June 30, 1972, and previously approved
under 40 CFR 52.223 (37 FR 19812).
(35) Yuba County APCD.
(i) Rule 4.5, submitted on July 25, 1973.
(b) The following regulations are disapproved since they lack
explicit provisions to assure that that NAAQS will not be exceeded while
equipment breakdown periods are in effect.
(1) Fresno County APCD.
(i) Rules 110(B), Variance Required, and 519, Emergency Variance,
submitted on January 2, 1979.
(2) Kern County APCD.
(i) Rules 111 (b), (Equipment Breakdown), and 519, Emergency
Variance, submitted on January 2, 1979.
(3) Modoc County APCD.
(i) Rule 2:15, Breakdown Conditions; Emergency Variances, submitted
on May 7, 1979.
(4) Imperial County APCD.
(i) Rule 111 (B), Equipment Breakdown, submitted on December 24,
1979.
(ii) Rule 517, Emergency Variance, submitted on December 24, 1979.
(c) The following regulations are disapproved because they exempt
sources from applicable emissions limitations during malfunctions and/or
fail to sufficiently limit startup and shutdown exemptions to those
periods where it is technically infeasible to meet emissions
limitations.
(1) South Coast Air Quality Management District.
[[Page 233]]
(i) Rule 429, submitted on January 28, 1992.
[43 FR 3277, Jan. 24, 1978]
Editorial Note: For Federal Register citations affecting
Sec. 52.271, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.272 Research operations exemptions.
(a) The requirements of Sec. 51.281 of this chapter are not met
because the following regulations allow exemptions to be granted from
the applicable emission limitations, thereby potentially rendering the
applicable limitations unenforceable. Furthermore, the regulations are
inconsistent with the Clean Air Act, because the regulations could
permit violations of the National Ambient Air Quality Standards under
some circumstances. Therefore, the following regulations are
disapproved:
(1) Bay Area APCD.
(i) Regulation 2, Division 1, sections 1214 to 1214.3, submitted on
July 25, 1973.
(ii) Regulation 3, Division 1, sections 1205 to 1205.3, submitted on
July 25, 1973.
(2) El Dorado County APCD.
(i) Rule 203(D), submitted on November 4, 1977.
(3) Great Basin Unified APCD.
(i) Rule 423, submitted on November 4, 1977.
(4) Los Angeles County APCD.
(i) Rule 441, submitted on June 6, 1977.
(5) Placer County APCD.
(i) Rule 203(D), submitted on October 13, 1977.
(6) Riverside County APCD.
(i) Rule 441, submitted on June 6, 1977.
(7) Sacramento County APCD.
(i) Rule 30, submitted on January 22, 1974.
(8) San Bernardino County APCD.
(i) Rule 441, submitted on June 6, 1977.
(9) Southern California APCD.
(i) Rule 441, submitted on August 2, 1976.
[42 FR 42226, Aug. 22, 1977]
Editorial Note: For Federal Register citations affecting
Sec. 52.272, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.273 Open burning.
(a) The following rules or portions of rules are disapproved because
they contain exemptions to open burning (including open agricultural
burning) prohibitions, that do not satisfy the requirements of section
110 of the Clean Air Act:
(1) Amador County APCD.
(i) Rules 308 and 312, submitted on April 21, 1976.
(ii) Rule 304, submitted on October 13, 1977.
(iii) Rules 302(G) and 322, submitted on October 15, 1979.
(2) Calaveras County APCD.
(i) Rules 304 and 322, submitted on October 13, 1977.
(3) Del Norte County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(4) El Dorado County APCD.
(i) Rules 302(C), 304, 307, 319, and 322, submitted on November 4,
1977.
(ii) Rules 302 (C), 318, and 321, submitted on May 23, 1979.
(5) Fresno County APCD.
(i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on October 23,
1974.
(ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(6) Humboldt County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(ii) (A)-(C) [Reserved]
(D) Rules 312 (B) and (C), and 401 (D.1) and (D.2).
(7) Kern County APCD.
(i) Rule 417(I)(A), submitted on November 10, 1976.
(8) Madera County APCD.
(i) Rules 416.1(e)(1), (e)(3), and (e)(4), submitted on January 10,
1975.
(ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(9) Mariposa County APCD.
[[Page 234]]
(i) Rules 302(C), 304, 319, and 322, submitted on June 6, 1977.
(10) Mendocino County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(11) Merced County APCD.
(i) Rule 416(h), submitted on August 2, 1976.
(ii) Rules 416.1(III)(A), (V)(A), (V)(B), (V)(C), and (V)(D),
submitted on August 2, 1976. (Rule 416.1(c)(2), submitted on June 30,
1972, and previously approved, is retained. Rule 416.1(a)(1), submitted
on June 30, 1972, and previously approved, is retained for the purpose
of enforcing Rule 416.1(c)(2).)
(12) Monterey Bay Unified APCD.
(i) Rules 409(a), 409(a)(5), and 410(b)(1), submitted on January 10,
1975.
(13) Nevada County APCD.
(i) Rules 302(C), 307, 314, and 322, submitted on April 10, 1975.
(ii) Rules 304 and 319, submitted on June 6, 1977.
(iii) Rule 307, submitted on October 15, 1979.
(14) Northern Sonoma County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(15) Placer County APCD.
(i) Rules 302(C), 302(G), 304, 307, 314, 319, and 322, submitted on
October 13, 1977.
(ii) Rules 303, 306, and 322, submitted on October 15, 1979.
(16) Plumas County APCD.
(i) Rule 314, submitted on January 10, 1975.
(ii) Rules 302(C), 304, 307, 319, and 322, submitted on June 6,
1977.
(17) Sacramento County APCD.
(i) Rule 96(a), submitted on November 10, 1976.
(ii) Rule 96(a), submitted on November 4, 1977.
(18) San Joaquin County APCD.
(i) Rule 402(e), submitted on November 10, 1976.
(ii) Rule 416.1(c)(1), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(iii) Rules 416.1(D)(1) and (D)(2), submitted on October 23, 1974.
(19) Santa Barbara County APCD.
(i) Rules 40(4)(a) and 40(4)(1), submitted on July 25, 1973. (The
analogous Rules 40(4)(a) and 40(4)(g), previously approved in the
February 21, 1972 submittal, are retained.) Rule 40(4)(c), submitted on
July 25, 1973, is also disapproved.
(ii) Rule 22, submitted on January 22, 1974. (The analogous Rule 22,
previously approved in the February 21, 1972 submittal, is retained.)
Rules 24.1 and 24.2, submitted on January 22, 1974, are also
disapproved.
(20) Shasta County APCD.
(i) Rule 2:6, sections (1)(b)(iii) (a, b, and d), (1)(c)(viii),
2(c), 3(f), 4(e), 5(c), and 5(d). (Previously approved Rule 2:6,
sections (2)(c), (3)(f), and (4)(e), submitted on July 19, 1974, are
retained.)
(21) Sierra County APCD.
(i) Rules 302(C), 319, and 322, submitted on June 6, 1977.
(22) Trinity County APCD.
(i) Rule 410(c)(2) and the following portions of Regulation 2:
General prohibitions (all of page 1), paragraph (f) of Article I,
paragraphs (f) and (g) of Article V, and paragraph (f) of Article VI,
submitted on November 10, 1976.
(23) Tulare County APCD.
(i) Rule 402(e), submitted on November 10, 1976.
(ii) Section 417(III)(A), submitted on June 30, 1972, and previously
approved under 40 CFR 52.223 (37 FR 19812).
(iii) Section 417.1(e)(1), (e)(3), and (e)(4), submitted on January
10, 1975.
(24) Tuolumne County APCD.
(i) Rule 322, submitted on February 10, 1977.
(25) Yolo-Solano APCD.
(i) Rules 2.8(c) (4) and (5), 6.3, and 6.5(a), submitted on July 25,
1973.
(ii) Rules 6.1(a), (e)(6), and (g), submitted on January 10, 1975.
(Rules 4.1 (a) and (g), submitted on February 21, 1972, and previously
approved under 40 CFR 52.223, are retained.)
(b) The following rules or portions of rules are disapproved because
they relax the control on open burning (including agricultural burning)
without accompanying analyses demonstrating
[[Page 235]]
that these relaxations will not interfere with the attainment and
maintenance of the National Ambient Air Quality Standards:
(1) Del Norte County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(2) Fresno County APCD.
(i) Rule 416.1(c)(1), submitted on October 23, 1974.
(ii) Rule 416.1(g), submitted on November 4, 1977.
(3) Humboldt County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(4) Imperial County APCD.
(i) Rule 422, submitted on November 4, 1977. (The requirements of
Rule 115, submitted on February 21, 1972, and previously approved under
40 CFR 52.223, are retained as applicable to the burning of wood waste.)
(ii) Regulation VII (Rules 701 to 706), submitted on November 4,
1977. (Regulation VII (Rules 200 to 206), submitted on July 25, 1973 and
previously approved under 40 CFR 52.223, is retained.)
(5) Kings County APCD.
(i) Rules 416.1 and 417.1, submitted on November 4, 1977.
(6) Lake County APCD.
(i) Sections 435, 436, 1003, and 1200(A), submitted on February 10,
1977.
(ii) Section 435, submitted on January 2, 1979.
(7) Los Angeles County APCD.
(i) Rule 444, submitted on June 6, 1977. (Rules 57.1, 57.2, 57.3,
and 57.4, submitted on June 30, 1972, and previously approved under 40
CFR 52.223, are retained.)
(8) Madera County APCD.
(i) Rule 416.1(c)(1), submitted on January 10, 1975.
(9) Mendocino County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(10) Merced County APCD.
(i) Rule 416.1(I)(A)(2), submitted on August 2, 1976.
(11) Northern Sonoma County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(12) San Bernardino County Desert APCD.
(i) Rule 444 and the definition of ``Agricultural Burning'' in Rule
102, submitted on November 4, 1977. (Rule 57, submitted on February 21,
1972, and previously approved under 40 CFR 52.223, is retained.)
(13) San Diego County APCD.
(i) Rules 102(e) and 103(g), submitted on October 13, 1977.
(14) San Luis Obispo County APCD.
(i) Rule 501(B), submitted on November 10, 1976, and Rule 501(A)(7),
submitted on November 4, 1977. (Previously approved Rule 115(2),
submitted on February 21, 1972, is retained.)
(15) Santa Barbara County APCD.
(i) Rules 2(b), 40(3), and 40(4)(e), submitted on July 25, 1973.
(Analogous Rules 2(b), 40(3), and 40(4)(c), submitted on February 21,
1972, and previously approved, are retained.)
(16) Shasta County APCD.
(i) Rule 2:8, submitted on October 13, 1977. (Rule 2:8, submitted on
July 19, 1974, and July 22, 1975, and previously approved, is retained.)
(17) Siskiyou County APCD.
(i) Rule 4.3(2), submitted on January 2, 1979.
(18) Trinity County APCD.
(i) Regulation 2, Article I, paragraph (e), submitted on November
10, 1976.
(ii) Rule 410(c)(2), submitted on May 7, 1979.
(19) Placer County APCD.
(i) Rule 316, submitted on August 21, 1979.
(ii) Rules 318 and 323, submitted on October 15, 1979.
[42 FR 41122, Aug. 15, 1977]
Editorial Note: For Federal Register citations affecting
Sec. 52.273, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.274 California air pollution emergency plan.
(a) Since the California Air Pollution Emergency Plan does not
provide complete, implementable provisions for taking emission control
actions necessary to prevent ambient pollutant
[[Page 236]]
concentrations from reaching significant harm levels, the requirements
of subpart H of this chapter for Priority I and II areas are not met,
except in the following areas:
(1) South Coast Air Quality Management District (SCAQMD).
(2) Sacramento County Air Pollution Control District.
(3) Monterey Bay Unified APCD (MBUAPCD).
(4) Santa Barbara Air Quality Management Area portion of the Santa
Barbara County Air Pollution Control District.
(5) Bay Area Air Quality Management District.
(6) Ventura County Air Pollution Control District.
(7) San Diego County APCD.
(8) Los Angeles County Air Pollution Control District.
(9) Riverside County Air Pollution Control District.
(10) San Bernardino County Desert Air Pollution Control District.
(11) Imperial County Air Pollution Control District.
(12) Fresno County Air Pollution Control District.
(13) Kern County Air Pollution Control District.
(b) The requirements of subpart H of this chapter are met in the
SCAQMD with the following exceptions: SCAQMD Regulation VII has no
schedule to assure that the emission control actions are fully
implementable; does not provide specific emission control actions for
interdistrict coordination; has no provisions for nitrogen dioxide,
particulate matter, and sulfur dioxide and particulate matter combined
episodes; has no criteria or provisions to protect the eight-hour
averaged carbon monoxide significant harm level; and has no provisions
for implementation of abatement plans for stage 2 or 3 carbon monoxide
or oxidant episodes that are attained without being predicted.
(c) Regulation for prevention of air pollution emergency episodes--
plan scheduling, interdistrict coordination, episode criteria, and
declaration.
(1) The requirements of this paragraph are applicable in the SCAQMD.
(2) The owner or operator of any governmental, industrial, business,
or commercial activity listed in Rules 708.1 and 708.3 of Regulation VII
of the SCAQMD, as revised on May 6, 1977, shall submit a Stationary
Source Curtailment Plan and/or Traffic Abatement Plan to the
Administrator within sixty days after the effective date of this
paragraph.
(3) The plans submitted pursuant to the requirements of this
paragraph, shall be reviewed by the Administrator for approval or
disapproval according to the following schedule:
(i) For sources with emissions of hydrocarbons (HC) or nitrogen
oxides (NOx) greater than or equal to 454 metric tons (500
tons) per year, or for establishments employing 400 or more employees
per shift, within 45 days after receipt.
(ii) For sources with emissions of HC or NOx greater than
or equal to 91 metric tons (100 tons) per year and less than 454 metric
tons (500 tons) per year, or for establishments employing more than 200
and less than 400 employees per shift, within 90 days after receipt.
(iii) For sources or establishments other than those addressed in
paragraphs (c)(3) (i) through (ii) of this section, within 180 days
after receipt.
(4) The owner or operator of an industrial, business, governmental
or commercial establishment required to submit a plan by this paragraph
shall be notified by the Administrator within thirty days after the plan
has been evaluated if the plan is disapproved. Any plan disapproved by
the Administrator shall be modified to overcome the disapproval and
resubmitted to the Administrator within 30 days of the receipt of the
notice of disapproval.
(5) In the event specific sources or source areas within the SCAQMD
are determined to significantly contribute to a declared air pollution
episode in a nearby Air Pollution Control District, emission control
actions specified in Regulation VII of the SCAQMD, as revised on May 6,
1977, for that declared episode stage shall be taken in the SCAQMD to
abate that episode.
(6) For the purposes of this paragraph, the following episode
criteria shall apply to carbon monoxide concentrations averaged over
eight hours:
(i) For stage 1, 15 parts per million.
(ii) For stage 2, 30 parts per million.
(iii) For stage 3, 40 parts per million.
[[Page 237]]
(7) The provisions of SCAQMD Regulation VII, as revised on May 6,
1977, relating to carbon monoxide episodes averaged over 12 hours shall
apply to carbon monoxide episodes averaged over 8 hours except that the
Administrator shall provide for declaration, notification, source
inspections, and termination of the episodes.
(8) Whenever the Administrator has determined that the stage 2 or 3
episode level for oxidant or carbon monoxide as specified in Rule 703 of
Regulation VII of the SCAQMD, as amended May 6, 1977, is being attained
or has been attained, and is predicted to remain at such level for 12 or
more hours, or increase, or in the case of oxidant to reoccur within the
next 24 hours, unless control actions are taken, the existence of the
appropriate episode level and the location of the source-receptor areas
shall be declared, and the actions specified in Rules 710(b)(1),
710(b)(2), 711(b)(1), or 711(b)(2) shall be taken by the Administrator.
(d) Regulation for prevention of air pollution emergency episodes--
nitrogen dioxide, particulate matter, and sulfur dioxide and particulate
matter combined.
(1) The requirements of this paragraph are applicable in the SCAQMD.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Ppm'' means parts per million by volume.
(ii) ``COH'' means coefficient of haze.
(iii) ``Ugm\3\'' means micrograms per cubic meter.
(iv) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(v) ``Major National Holiday'' means a holiday such as Christmas,
New Year's Day, or Independence Day.
(vi) ``Source/Receptor Areas'' are defined for each episode
occurrence based on air monitoring, geographical, and meteorological
factors: Source area is that area in which contaminants are discharged
and a receptor area is that area in which the contaminants accumulate
and are measured.
(vii) ``Air Contaminants'' means nitrogen dioxide, particulate
matter, and/or sulfur dioxide and particulate matter combined.
(3) For the purposes of this regulation, the following episode
criteria shall apply:
----------------------------------------------------------------------------------------------------------------
Averaging
Contaminants time Stage 1 Stage 2 Stage 3
(hours)
----------------------------------------------------------------------------------------------------------------
Nitrogen dioxide.................. 1 0.6 ppm............. 1.2 ppm............. 1.6 ppm.
24 0.15 ppm............ 0.3 ppm............. 0.4 ppm.
Particulate matter................ 24 3.0 COH............. 5.0 COH............. 7.0 COH.
24 375 ugm-3........... 625 ugm-3........... 875 ugm-3.
Sulfur dioxide and particulate 24 0.2\1\.............. 0.8\1\.............. 1.2\1\.
matter combined.
24 65,000\2\........... 261,000\2\.......... 393,000\2\.
----------------------------------------------------------------------------------------------------------------
\1\ Product of sulfur dioxide (ppm) and particulate matter (COH).
\2\ Product of sulfur dioxide (ugm-3 ) and particulate matter (ugm-3 ).
(4) Whenever the Administrator has determined that any episode level
specified in paragraph (d)(3) of this section is being attained or has
been attained, and is predicted to remain at such level for 12 or more
hours, or increase, unless control actions are taken, the existence of
the appropriate episode level and the location of the source-receptor
areas shall be declared.
(5) Whenever the available scientific and meteorological data
indicate that any episode level declared by paragraph (d)(4) of this
section is no longer occurring and is not predicted to immediately
increase again to episode levels, such episode shall be declared
terminated.
(6) The following shall be notified by the Administrator whenever an
episode is predicted, attained or terminated: (i) Public officials; (ii)
persons operating any facility or activity named in paragraph (d)(8) of
this section; (iii) public health, safety, and emergency agencies; (iv)
news media.
(7) Upon request of the Administrator, persons operating any
facility or activity named in paragraph (d)(8) of this section shall
install, properly maintain, and operate radio-receiving
[[Page 238]]
equipment with decoding device capable of receiving broadcasts of the
declaration and termination of episodes required under this paragraph
and instructions as to the actions to be taken.
(8) Stationary source curtailment plans and traffic abatement plans
shall be prepared by industrial, business, commercial, and governmental
establishments as follows:
(i) The owner or operator of any industrial, business, commercial,
or governmental activity listed below shall submit to the Administrator
plans to curtail operations causing stationary source air contaminants
in such activity:
(A) Petroleum refinery emitting 23 metric tons (25 tons) or more per
year of air contaminants.
(B) Metal-melting plant requiring molten metal temperatures in
excess of 540 deg.C (1,000 deg.F) or metal-refining plant or metal-
smelting plant, in which a total of 1,135 kilograms (2,500 pounds) or
more of metal are in a molten state at any one time or are poured in any
1 hour.
(C) Fossil fuel-fired electric generating facility having a total
rated capacity of 50 megawatts or more.
(D) Any facility or plant emitting 91 metric tons (100 tons) or more
per year of air contaminants.
(ii) The plans required by paragraph (d)(8)(i) of this section shall
include the following:
(A) A list of equipment which emits nitrogen oxides, particulate
matter, and/or sulfur dioxide, including the SCAQMD permit number, the
daily amount of air contaminants emitted, and a statement of the minimum
time and recommended time to implement the abatement actions for each
episode stage for the equipment listed and the percent reduction in
emissions at each episode stage.
(B) The total number of employees at the facility during each shift
on a normal weekday and on a major national holiday.
(C) The normal amount of electricity used on a normal weekday and on
a major national holiday.
(D) The actions to inform employees of the procedures to be taken in
the event of an episode declaration.
(E) The name and telephone numbers of the facility's episode action
coordinator and alternate, who are responsible for implementation of the
plan.
(F) For stage 1 episodes:
(1) The measures to voluntarily curtail equipment emitting air
contaminants.
(2) The measures to curtail or postpone electrically intensive
industrial operations, where feasible.
(3) The measures for electric utilities to import power from outside
the basin to the extent feasible.
(G) For stage 2 episodes:
(1) The measures to curtail as much as possible, without upsetting
production, equipment operations which emit air contaminants.
(2) The measures to postpone operations which can be postponed until
after the episode.
(3) For fossil fuel-fired combustion sources, including electric
utilities, with a heat input greater than 50 million BTU per hour:
(i) The measures to burn natural gas.
(ii) To the extent that natural gas is not available, the measures
to burn fuel oil with a sulfur content of not more than 0.25 percent by
weight or the measures to reduce air contaminant emissions to equivalent
discharge. Any combustion source may be exempt from the provisions of
this paragraph upon demonstration that fuel oil with the specified
sulfur content is not available.
(4) For electric utilities the measures, in addition to those in
paragraph (d)(8)(ii)(F)(3) of this section, to:
(i) Shift oil burning power generation to non-source areas to the
maximum extent consistent with the public health, safety, and welfare.
(ii) Shift oil burning power generation to combined cycle gas
turbine generating equipment burning fuel oil containing less than 0.15
percent sulfur to the maximum extent consistent with the public health,
safety, and welfare.
(5) For refineries and chemical plants the measures to be taken to
reduce air contaminant emissions by 20 percent without jeopardizing the
public health or safety, without causing an increase in the emissions of
other air contaminants, withoutdamaging the equipment
[[Page 239]]
or without reducing production by more than 20 percent.
(6) The measures in paragraph (d)(8)(ii)(F) of this section.
(H) For stage 3 nitrogen dioxide episodes:
(1) The measures for petroleum refineries to reduce emissions of
nitrogen dioxide by 33 percent, without damaging the equipment or
increasing the emissions of other air contaminants.
(2) The measures in paragraph (d)(8)(ii)(G) of this section.
(3) A list of equipment and the permit numbers of such equipment not
operated on a major national holiday.
(4) A statement as to whether or not the facility operates on a
major national holiday.
(I) For stage 3 particulate matter episodes:
(1) The measures for petroleum refineries to reduce emissions of
particulate matter by 33 percent, without damaging the equipment or
increasing the emissions of other air contaminants.
(2) The measures described in paragraph (d)(8)(ii)(G) of this
section.
(3) The measures for any facility or plant, except electrical
generating facilities and petroleum refineries, normally emitting 91
metric tons (100 tons) or more per year of particulate matter to
eliminate such emissions by starting no new batches, by ceasing feed of
new materials, and by phasing down as rapidly as possible without damage
to the equipment.
(4) The measures for metal melting, refining, or smelting plants to
eliminate emissions of particulate matter by starting no new batches, by
ceasing feed of new materials, and by phasing down as rapidly as
possible without damage to the equipmen
(J) For stage 3 sulfur dioxide and particulate matter combined
episodes:
(1) The measures described in paragraphs (d)(8)(ii) (G) and (I) of
this section.
(2) The measures for petroleum refineries to reduce emissions of
sulfur dioxide by 33 percent, without damaging the equipment or
increasing the emissions of other air contaminants.
(3) The measures for any facility or plant, except electrical
generating facilities and petroleum refineries, normally emitting 91
metric tons (100 tons) or more per year of sulfur dioxide to eliminate
such emissions by starting no new batches, by ceasing feed of new
materials, and by phasing down as rapidly as possible without damage to
the equipment.
(K) An estimate of the resultant reduction in air contaminant
emissions.
(iii) The owner or operator of any industrial, business, commercial,
or governmental activity listed below shall submit to the Administrator
plans to curtail or cease operations causing air contaminants from
vehicle use:
(A) Operators of 50 or more fleet vehicles.
(B) Industrial, business, commercial, or governmental establishments
employing more than 100 persons per shift at one business address.
(iv) The plans required by paragraph (d)(8)(iii) of this paragraph
shall include the following:
(A) The total number of employees at the facility during each shift
on a normal weekday and on a major national holiday.
(B) The number of motor vehicles and vehicle miles traveled for
motor vehicles operated:
(1) By the company on company business on a normal weekday and on a
major national holiday.
(2) By employees commuting from home to the place of business on a
normal weekday and on a major national holiday.
(C) The number of parking spaces used on a normal weekday and on a
major national holiday.
(D) The minimum number of motor vehicles to be operated that are
necessary to protect public health or safety.
(E) The actions to inform employees of the procedures to be taken in
the event of an episode declaration.
(F) The name and telephone numbers of the facility's episode action
coordinator and alternate, who are responsible for implementation of the
plan.
(G) For stage 1 episodes, the methods by which employers will
encourage the utilization of car pools or otherwise reduce employee
motor vehicle travel.
(H) For stage 2 and 3 episodes, the measures within the reasonable
control of the employer to reduce the number
[[Page 240]]
of vehicle miles driven by employees in commuting to and from work.
(I) An estimate of the reduction in vehicle miles traveled as a
result of the measures in this paragraph.
(v) Each owner or operator required to submit a plan by this
paragraph shall submit to the Administrator such plan within 60 days of
the effective date of this paragraph.
(vi) The plans submitted in accordance with the provisions of this
paragraph shall be approved or disapproved by the Administrator
according to the following schedule:
(A) For sources with emissions of air contaminants greater than or
equal to 454 metric tons (500 tons) per year, or for establishments
employing 400 or more employees per shift, within 45 days after receipt.
(B) For sources with emissions of air contaminants greater than or
equal to 91 metric tons (100 tons) per year and less than 454 metric
tons (500 tons) per year, or for establishments employing more than 200
and less than 400 employees per shift, within 90 days after receipt.
(C) For sources with emissions of air contaminants less than 91
metric tons (100 tons) per year, or for establishments employing 100 to
200 employees per shift, within 180 days after receipt.
(vii) The owner or operator required to submit a plan by this
paragraph shall be notified by the Administrator within 30 days after
the plan has been evaluated if the plan is disapproved. Any plan
disapproved by the Administrator shall be modified to
(viii) A copy of the plan approved in accordance with the provisions
of this paragraph shall be on file and readily available on the premises
to any person authorized to enforce the provisions of this section.
(9) The following actions shall be taken in the source and receptor
areas upon declaration of a stage 1 episode:
(i) The notifications required by paragraph (d)(6) of this section.
(ii) The Administrator shall advise the public that those
individuals with special health problems should follow the precautions
recommended by their physicians and health officials.
(iii) The Administrator shall advise school officials to cancel,
postpone, or reschedule programs which require outdoor physical
activity.
(iv) The Administrator shall request the public to stop all
unnecessary driving.
(v) The Administrator shall request the public to operate all
privately owned vehicles on a pool basis.
(vi) Persons operating any facility or activity named in paragraph
(d)(8) of this section shall implement the appropriate plans specified
in paragraph (8) for the declared stage 1 episode and air
contaminant(s).
(10) The following actions shall be taken in the source and receptor
areas upon declaration of a stage 2 episode:
(i) The actions described in paragraphs (d)(9) (i) through (v) of
this section.
(ii) The Administrator shall request suspension of programs that
involve physical exertion by participants using public parks or public
recreational facilities located in receptor areas.
(iii) The burning of combustible refuse shall be postponed until the
episode has been terminated.
(iv) The Administrator shall request the public to reduce the use of
electricity by 10 percent.
(v) Persons operating any facility or activity named in paragraph
(d)(8) of this section shall implement the appropriate plans specified
in paragraph (d)(8) of this section for the declared stage 2 episode and
air contaminant(s).
(11) The following actions shall be taken in the source and receptor
areas upon declaration of a stage 3 episode:
(i) The actions described in paragraphs (d)(10) (i) through (iii) of
this section.
(ii) The Administrator shall request the public to reduce the use of
electricity by 40 percent.
(iii) Persons operating any facility or activity named in paragraph
(d)(8) of this section shall implement the appropriate plans specified
in paragraph (d)(8) of this section for the declared stage 3 episode and
air contaminant(s).
(iv) For nitrogen dioxide, the general public, schools, industrial,
business, commercial, and governmental activities throughout the
District shall operate as though the day were a major national holiday.
[[Page 241]]
(v) For particulate matter and/or sulfur dioxide and particulate
matter combined, the Administrator shall request the public to reduce as
much as possible activities causing dust emissions including
agricultural operations, off-road vehicle use, anddriving on unpaved
roads. Construction and demolition operation shall be postponed until
the episode has been terminated.
(12) In the event specific sources or source areas within the SCAQMD
are determined to significantly contribute to a declared air pollution
episode in a nearby Air Pollution Control District, emission control
actions specified in this paragraph for that declared episode stage
shall be taken in the SCAQMD to abate that episode.
(13) A source inspection plan shall be implemented by the
Administrator upon the declaration of any episode stage.
(14) The Administrator shall provide for daily acquisition of
forecasts of atmospheric stagnation conditions during any episode stage
and updating of such forecasts at least every 12 hours.
(15) Any source that violates any requirement of this section shall
be subject to enforcement action under section 113 of the Act.
(16) All submittals or notifications required to be submitted to the
Administrator by this section shall be sent to:
Environmental Protection Agency, Air and Hazardous Materials Division
(A-4), Attn: Air Programs Branch, 215 Fremont Street, San Francisco,
Calif. 94105.
(e) The requirements of subpart H of this chapter are met in the
Sacramento County Air Pollution Control District with the following
exceptions: There are no episode criteria levels, declaration
procedures, notification procedures, source inspections, emission
control actions or episode termination procedures for carbon monoxide
episodes based on 4- and 8-hour averaging times; communication
procedures for transmitting status reports and orders as to emission
control actions to be taken during an episode stage are not provided
for; there are no provisions for the inspection of those sources covered
under Rule 122; there is no time schedule for the Air Pollution Control
Officer to initiate the call for the submittal of individual abatement
plans; the requirements for the content of the abatement plans are not
sufficiently specific to ensure that adequate plans are submitted; no
provisions exist for the daily acquisition of atmospheric stagnation
conditions; a Priority II particulate matter episode contingency plan is
not provided for in the regulation.
(f) Regulation for prevention of air pollution emergency episodes--
4- and 8-hour carbon monoxide criteria levels, public announcement,
source inspections, preplanned abatement strategies, acquisition of
atmospheric stagnation forecasts.
(1) The requirements of this paragraph are applicable in the
Sacramento County Air Pollution Control District.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``ppm'' means parts per million by volume.
(iii) ``ug/m\3\'' means micrograms per cubic meter.
(3) For the purposes of this paragraph, the following episode
criteria shall apply:
------------------------------------------------------------------------
Averaging
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Carbon monoxide...................... 4 \1\ 25 \1\ 45 \1\ 60
8 \1\ 15 \1\ 30 \1\ 40
------------------------------------------------------------------------
\1\ Parts per million by volume.
(4) The provisions of the Sacramento County Air Pollution Control
District's Regulation IX, as submitted on November 4, 1977, relating to
carbon monoxide episodes averaged over 1 hour shall apply to carbon
monoxide episodes averaged over 4 and 8 hours except that the
Administrator shall insure that declaration, notification, source
inspections, and termination of such episodes will occur.
(5) Stationary source curtailment plans shall be prepared by
business, commercial, industrial, and governmental establishments as
follows:
(i) The owner or operator of any business, commercial, industrial,
or governmental facility or activity listed
[[Page 242]]
below shall submit to the Administrator plans to curtail or cease
operations causing stationary source air contaminants in such activity:
(A) Stationary sources which can be expected to emit 100 tons or
more per year of hydrocarbons or carbon monoxide.
(ii) The plans required by paragraph (f)(5)(i)(A) of this section
shall include the following information:
(A) The information requested by Regulation IX, Rule 125, section d,
as submitted to the EPA on November 4, 1977.
(B) The total number of employees at the facility during each shift
on a normal weekday.
(C) The amount of energy (gas, fuel oil, and electricity) used on a
normal weekday.
(D) For first-stage episodes, the measures to voluntarily curtail
equipment emitting air pollutants.
(E) For second-stage episodes:
(1) The measures to curtail, as much as possible, equipment
operations that emit air pollutants specific to the type of episode and,
in the case of oxidant episodes, the equipment operations that emit
hydrocarbons.
(2) The measures to postpone operations which can be postponed until
after the episode.
(F) For third-stage episodes:
(1) A list of equipment, with permit numbers if applicable, which
can be shut down without jeopardizing the public health or safety, and
an estimate of the resultant reductions in air contaminant emissions.
(2) A list of all equipment, with permit numbers if applicable,
which must be operated to protect the public health or safety, and an
estimate of the air contaminant emissions from such equipment.
(iii) Copies of the stationary source curtailment plans approved in
accordance with the provisions of this paragraph shall be on file and
readily available on the premises to any person authorized to enforce
the provisions of this paragraph.
(6) The owner or operator of any governmental, business, commercial,
or industrial activity or facility listed in paragraph (f)(5) of this
section shall submit a stationary source curtailment plan to the
Administrator within 60 days after promulgation of final rulemaking.
(7) The plans submitted pursuant to the requirements of this
paragraph shall be reviewed by the Administrator for approval or
disapproval according to the following schedule:
(i) For sources with emissions of hydrocarbons and carbon monoxide
greater than or equal to 454 metric tons (500 tons) per year, within 45
days after receipt.
(ii) For sources with emissions of hydrocarbons and carbon monoxide
greater than or equal to 91 metric tons (100 tons) per year and less
than 454 metric tons (500 tons) per year, within 90 days after receipt.
(iii) For sources with emissions of hydrocarbons and carbon monoxide
less than 91 metric tons (100 tons) per year, within 180 days after
receipt.
(8) The owner or operator of any industrial, business, governmental,
or commercial establishment required to submit a plan by this paragraph
shall be notified by the Administrator within 30 days after the plan has
been evaluated. Any plan disapproved by the Administrator shall be
modified to overcome the disapproval and resubmitted to the
Administrator within 30 days of receipt of the notice of disapproval.
(9) A source inspection plan shall be implemented by the
Administrator upon the declaration of any episode stage, and the
following facilities shall be inspected to ensure compliance:
(i) Those sources covered under Rule 122, as submitted to the EPA on
November 4, 1977, as appropriate.
(10) The Administrator shall insure that forecasts of atmospheric
stagnation conditions during any episode stage and updating of such
forecasts are acquired.
(11) Any source that violates any requirement of this regulation
shall be subject to enforcement action under section 113 of the Clean
Air Act.
(12) All submittals or notifications required to be submitted to the
Administrator by this regulation shall be sent to: Regional
Administrator, Attn: Air and Hazardous Materials Division, Air Technical
Branch, Technical Analysis
[[Page 243]]
Section (A-4-3) Environmental Protection Agency, 215 Fremont Street, San
Francisco, CA 94105.
(g) Regulation for the prevention of air pollution emergency
episodes--Priority II particulate matter emergency episode contingency
plan.
(1) The requirements of this paragraph are applicable in the
Sacramento County Air Pollution Control District.
(2) For the purposes of this paragraph the following episode
criteria shall apply:
------------------------------------------------------------------------
Averaging
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Particulate matter................... 24 \1\ 37 \1\ 62 \1\ 87
5 5 5
------------------------------------------------------------------------
\1\ Micrograms per cubic meter.
(3) Whenever it is determined that any episode level specified in
paragraph (g)(2) of this section is predicted to be attained, is being
attained, or has been attained and is expected to remain at such levels
for 12 or more hours, the appropriate episode level shall be declared.
(4) Whenever the available scientific and meteorological data
indicate that any episode level specified in paragraph (g)(2) of this
section is no longer being attained and is not predicted to increase
again to episode levels, such episode shall be declared terminated.
(5) The following shall be notified whenever an episode is
predicted, attained, or terminated:
(i) Public officials.
(ii) Public health, safety, and emergency agencies.
(iii) News media.
(h) The requirements of Subpart H of this chapter are met in the
MBUAPCD which the following exceptions: There is no time schedule to
assure that stationary source and traffic curtailment plans are
submitted and reviewed in a timely manner; curtailment plans are not
sufficiently specific; there are no provisions for the acquisition of
forecasts of atmospheric stagnation conditions; and adequate mandatory
emission control actions are not specified for Third-Stage oxidant
episodes.
(i) Regulation for prevention of oxidant air pollution emergency
episodes within the MBUAPCD.
(1) The requirements of this paragraph are applicable in the
MBUAPCD.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``Major national holiday'' means a holiday such as Christmas,
New Year's Day or Independence Day.
(iii) ``Regulation VII'' in this paragraph means Regulation VII,
``Emergencies'', of the MBUAPCD, adopted May 25, 1977, and submitted to
the Environmental Protection Agency as a revision to the California
State Implementation Plan by the California Air Resources Board on
November 4, 1977.
(3) The plans required by Rule 705(a) of Regulation VII shall
include the following information in addition to that required in Rule
705(b) of Regulation VII, and shall be submitted and processed as
follows:
(i) Stationary sources.
(A) The total number of employees at the facility during each shift:
(1) On a normal weekday.
(2) On a major national holiday.
(B) The amount and type of fuel used:
(1) On a normal weekday.
(2) On a major national holiday.
(C) For Third-Stage episodes:
(1) A list of equipment and the permit numbers of such equipment not
operated on a major national holiday.
(2) A statement as to whether or not the facility operates on a
major national holiday.
(ii) Indirect sources.
(A) The total number of employees at the facility during each shift:
(1) On a normal weekday.
(2) On a major national holiday.
(B) The number of motor vehicles and vehicle miles traveled for
motor vehicles operated:
(1) By the company, on company business, on a normal weekday and on
a major national holiday.
(2) By employees commuting between home and the place of business on
a normal weekday and on a major national holiday.
(C) The number of parking spaces:
(1) Available.
(2) Normally used on a weekday.
(3) Normally used on a major national holiday.
[[Page 244]]
(D) The minimum number of motor vehicles to be operated that are
necessary to protect the public health or safety.
(E) For Third-Stage episodes, a statement as to whether or not the
facility operates on a major national holiday.
(iii) Each owner or operator required to submit a plan as specified
under Rule 705(a) of Regulation VII shall submit such plans within 60
days after promulgation of the final rulemaking.
(iv) The plans submitted in accordance with the provisions of this
paragraph shall be approved or disapproved by the Administrator within
120 days after receipt.
(v) Each owner or operator required to submit a plan as specified
under Rule 705(a) of Regulation VII shall be notified within 90 days
after the Administrator's decision.
(vi) Any plan disapproved by the Administrator shall be modified to
overcome this disapproval and resubmitted to the Administrator within 30
days of the notice of disapproval.
(vii) A copy of the plan approved in accordance with the provisions
of this paragraph shall be on file and readily available on the premises
to any person authorized to enforce the provisions of this section.
(4) The following actions shall be implemented by the Administrator
upon declaration of a Third-Stage oxidant episode: the general public,
schools, industrial, business, commercial, and governmental activities
throughout the MBUAPCD shall operate as though the day were a major
national holiday.
(5) The Administrator shall ensure the acquisition of forecasts of
atmospheric stagnation conditions during any episode stage and updating
of such forecasts.
(j)-(o) [Reserved]
(p) Regulation for prevention of air pollution emergency episodes--
requirements for stationary source curtailment plans and particulate
matter episodes.
(1) The requirements of this paragraph are applicable in the Los
Angeles County, Riverside County, San Bernardino County Desert and
Imperial County Air Pollution Control Districts.
(2) For the purposes of this regulation, the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``ug/m\3\'' means micrograms per cubic meter.
(iii) ``Major national holiday'' means a holiday such as Christmas
or New Year's Day.
(3) Stationary source curtailment plans shall be prepared by major
stationary sources, as defined by section 169(1) of the Act:
(i) The plans required by this paragraph shall include the following
information:
(A) The information requested in the California Air Resources
Board's Criteria for Approval of Air Pollution Emergency Abatement Plans
(Executive Order G-63).
(B) The total number of employees at the facility during each work
shift on a normal weekday and on a major national holiday.
(C) The amount of energy (gas, fuel oil, and electricity) used on a
normal weekday and on a major national holiday.
(D) For first-stage episodes:
(1) The measures to voluntarily curtail equipment emitting air
pollutants.
(E) For second-stage episodes:
(1) The measures to curtail, as much as possible, equipment
operations that emit air pollutants specific to the type of episode and,
in the case of oxidant episodes, the equipment operations that emit
hydrocarbons and nitrogen oxides.
(2) The measures to postpone operations which can be postponed until
after the episode.
(F) For third-stage episodes:
(1) A list of equipment, with permit numbers if applicable, which
can be shut down without jeopardizing the public health or safety, and
an estimate of the resultant reductions in hydrocarbons, nitrogen
oxides, and particulate matter emissions.
(2) A list of all equipment, with permit numbers if applicable,
which must be operated to protect the public health or safety, and an
estimate of the hydrocarbons, nitrogen oxides and particulate matter
emissions from such equipment.
[[Page 245]]
(4) A copy of the stationary source curtailment plan approved in
accordance with the provisions of this paragraph shall be on file and
readily available on the premises to any person authorized to enforce
the provisions of this paragraph.
(5) The owner or operator of any governmental, business, commercial,
or industrial activity or facility listed in paragraph (p)(3) of this
section shall submit a stationary source curtailment plan to the
Administrator within 60 days after promulgation of final rulemaking.
(6) The plans submitted pursuant to the requirements of this
paragraph shall be reviewed by the Administrator within 90 days.
(7) The owner or operator of any major stationary source required to
submit a plan by this paragraph shall be notified by the Administrator
within 30 days after the plan has been evaluated as to whether the plan
has been approved or disapproved. Any plan disapproved by the
Administrator shall be modified to overcome the disapproval and
resubmitted to the Administrator within 30 days of receipt of the notice
of disapproval.
(8) All submittals or notifications required to be submitted to the
Administrator by this regulation shall be sent to:
Regional Administrator, Attn: Air and Hazardous Materials Division, Air
Technical Branch, Technical Analysis Section (A-4-3), Environmental
Protection Agency, 215 Fremont Street, San Francisco CA 94105.
(9) Any source that violates any requirement of this regulation
shall be subject to enforcement action under section 113 of the Act.
(10) For the purposes of this regulation the following episode
criteria shall apply to particulate matter episodes:
------------------------------------------------------------------------
g/m\3\
Averaging -----------------------
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Particulate matter................... 24 375 625 875
------------------------------------------------------------------------
(q) The requirements of Subpart H of this chapter are met in the
Fresno County Air Pollution Control District, with the following
exceptions: There are no episode criteria levels, declaration
procedures, notification procedures, source inspection procedures,
emission control actions, or episode termination procedures for carbon
monoxide episodes based on 4- and 8-hour averaging times, or for
particulate matter emergency episodes based on 24-hour averaging times;
there is no time schedule to initiate the call for the submittal of
individual abatement plans; the requirements for the content of the
abatement plans are not sufficiently specific to ensure the adequate
plans are submitted; there are no provisions for requiring abatement
plans from operations which attract large numbers of motor vehicles with
their related emissions; the Stage 3 photochemical oxidants (ozone)
criterion level equals the Federal significant harm level; there are no
provisions for adequate mandatory emission control actions.
(r) Regulation for prevention of air pollution emergency episodes--
4- and 8-hour carbon monoxide criteria levels, mandatory emission
control actions, preplanned abatement strategies, and a Priority I
particulate matter emergency episode contingency plan.
(1) The requirements of this paragraph are applicable in the Fresno
County Air Pollution Control District.
(2) For the purposes of this regulation the following definitions
apply:
(i) ``Administrator'' means the Administrator of the Environmental
Protection Agency or his authorized representative.
(ii) ``ppm'' means parts per million by volume.
(iii) ``g/m\3\'' means micrograms per cubic meter.
(iv) ``Major national holiday'' means a holiday such as Christmas or
New Year's Day.
(3) For the purposes of this regulation, the following episode
criteria shall apply to carbon monoxide episodes:
------------------------------------------------------------------------
Averaging Stage Stage Stage
Pollutant time 1 2 3
(hours) (ppm) (ppm) (ppm)
------------------------------------------------------------------------
Carbon monoxide...................... 4 25 45 60
8 15 30 40
------------------------------------------------------------------------
(4) The provisions of the Fresno County Air Pollution Control
District's
[[Page 246]]
Regulation VI, as submitted on October 23, 1974, relating to carbon
monoxide episodes averaged over 1 hour shall apply to carbon monoxide
episodes averaged over 4 and 8 hours except that the Administrator shall
insure that declaration procedures, notification procedures, source
inspections, and termination of such episodes occur.
(5) Stationary source curtailment plans and traffic abatement plans
shall be prepared by business, commercial, industrial, and governmental
establishments in Fresno County as follows:
(i) The owner or operator of any business, commercial, industrial,
or governmental stationary source which can be expected to emit 100 tons
or more per year of carbon monoxide, hydrocarbons, or particulate matter
shall submit to the Administrator plans to curtail or cease operations
causing stationary source air contaminants in such activity:
(ii) The plans required by paragraph (r)(5)(i) of this section shall
include the following information:
(A) The information requested in the California Air Resources
Board's ``Criteria for Approval of Air Pollution Emergency Abatement
Plans'' (Executive Order G-63).
(B) The total number of employees at the facility during each shift
on a normal weekday and on a major national holiday.
(C) The amount of energy (gas, fuel oil, and electricity) used on a
normal weekday and on a major national holiday.
(D) For first-stage episodes, the measures to voluntarily curtail
equipment emitting air pollutants.
(E) For second-stage episodes:
(1) The measures to curtail, as much as possible, equipment
operations that emit air pollutants specific to the type of episode and,
in the case of oxidant episodes, the equipment operations that emit
hydrocarbons or nitrogen oxides.
(2) The measures to postpone operations which can be postponed until
after the episode.
(F) For third-stage episodes:
(1) A list of equipment, with permit numbers if applicable, which
can be shut down without jeopardizing the public health or safety, and
an estimate of the resultant reductions in carbon monoxide,
hydrocarbons, nitrogen oxides, and particulate matter emissions.
(2) A list of all equipment, with permit numbers if applicable,
which must be operated to protect the public health or safety, and an
estimate of the carbon monoxide, hydrocarbons, nitrogen oxides, and
particulate matter emissions from such equipment.
(iii) The owner or operator of any industrial, business, commercial,
or governmental facility or activity employing more than 100 persons per
shift at any one business address shall submit to the Administrator
plans to curtail or cease operations causing air contaminants from
vehicle use.
(iv) The plans required by paragraph (r)(5)(iii) of this section
shall include the following information:
(A) The information requested in the California Air Resources
Board's ``Criteria for Approval of Air Pollution Emergency Abatement
Plans'' (Executive Order G-63).
(B) The total number of employees at the facility during each shift.
(C) The total number of motor vehicles and vehicle miles traveled
for motor vehicles operated:
(1) By the company on company business on a normal weekday and a
major national holdiay.
(2) By employees commuting between home and the place of business on
a normal weekday and a major national holiday.
(3) The minimum number of motor vehicles to be operated that are
necessary to protect public health or safety.
(6) A copy of the stationary source curtailment and/or traffic
abatement plans approved in accordance with the provisions of this
paragraph shall be on file and readily available on the premises to any
person authorized to enforce the provisions of this paragraph.
(7) The owner or operator of any governmental, business, commercial,
or industrial activity or facility listed in paragraph (r)(5) of this
section shall submit a stationary source curtailment plan and/or traffic
abatement plan to the Administrator within 60 days after promulgation of
final rulemaking.
[[Page 247]]
(8) The plans submitted pursuant to the requirements of this
paragraph shall be reviewed by the Administrator for approval or
disapproval according to the following schedule:
(i) For sources with emissions of hydrocarbons, carbon monoxide, or
particulate matter greater than or equal to 454 metric tons (500 tons)
per year, or for establishments employing 400 or more employees per
shift, within 45 days after receipt.
(ii) For sources with emissions of hydrocarbons, carbon monoxide, or
particulate matter greater than or equal to 91 metric tons (100 tons)
per year and less than 454 metric tons (500 tons) per year, or for
establishments employing more than 200 and less than 400 employees per
shift, within 90 days after receipt.
(iii) For establishments employing 100 to 200 employees per shift,
within 180 days after receipt.
(9) The owner or operator of any industrial, business, governmental
or commercial establishment required to submit a plan by this paragraph
shall be notified by the Administrator within 30 days after the plan has
been evaluated as to whether the plan has been approved or disapproved.
Any plan disapproved by the Administrator shall be modified to overcome
the disapproval and resubmitted to the Administrator within 30 days of
receipt of the notice of disapproval.
(10) Any source that violates any requirement of this regulation
shall be subject to enforcement action under section 113 of the Act.
(11) All submittals or notifications required to be submitted to the
Administrator by this regulation shall be sent to:
Regional Administrator, ATTN: Air and Hazardous Materials Division,
Air Technical Branch, Technical Analysis Section (A-4-3), Environmental
Protection Agency, 215 Fremont Street, San Franscisco, CA 94105.
(12) For the purposes of this regulation the following episode
criteria shall apply to particulate matter episodes and Stage 3
photochemical oxidants episodes:
------------------------------------------------------------------------
g/m\3\
Averaging -----------------------
Pollutant time Stage Stage Stage
(hours) 1 2 3
------------------------------------------------------------------------
Particulate matter................... 24 375 625 875
Photochemical oxidants............... 1 ...... ...... \1\ 0.
5
------------------------------------------------------------------------
\1\ Parts per million.
(13) The Fresno County Air Pollution Control District's Regulation
VI, as submitted on October 23, 1974, relating to episodes for carbon
monoxide and photochemical oxidants averaged over 1 hour, shall apply to
particular matter episodes averaged over 24 hours, except that the
Administrator shall insure that declaration procedures, notification
procedures, source inspections, and termination of such episodes occur.
(14) The Administrator shall insure that the following actions will
be taken in the source and receptor areas on the declaration of a Stage
1, Stage 2 or Stage 3 episode:
(i) For a Stage 1 or Stage 2 episode:
(A) Persons operating any facility or activity named in paragraph
(r)(5) of this section shall implement the appropriate plans submitted
in accordance with subparagraph (5) of the declared Stage 1 or Stage 2
episode for the appropriate air contaminant(s).
(ii) For a Stage 3 episode:
(A) The general public, schools, industrial, business, commercial,
and governmental activities throughout Fresno County shall operate as
though the day were a major national holiday.
[43 FR 22721, May 26, 1978]
Editorial Note: For Federal Register citations affecting
Sec. 52.274, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.275 Particulate matter control.
(a) The following rules or portions of rules are retained because
they control emissions of particulate matter, and because there is no
demonstration that their deletion would not interfere with the
attainment and maintenance of the national standards for particulate
matter:
(1) Lake County APCD.
(i) Part III-50 and Part V-1B, submitted on October 23, 1974, and
previously approved under 40 CFR 52.223.
(2) San Luis Obispo County APCD.
[[Page 248]]
(i) Rule 113, submitted on February 21, 1972, and previously
approved under 40 CFR 52.223.
(b) The following regulations are disapproved because they relax the
control on particulate matter emissions without any accompanying
analyses demonstrating that these relaxations will not interfere with
the attainment and maintenance of the National Ambient Air Quality
Standards.
(1) Amador County APCD.
(i) Rules 211 and 212, submitted on April 21, 1976. (Regulation V,
Rules 13 and 14, submitted on June 30, 1972, and previously approved,
are retained.)
(ii) Rules 207 and 212, submitted on October 13, 1977. (The
analogous Rules 10 and 14 of Regulation V, submitted on June 30, 1972,
and previously approved, are retained and shall remain in effect for
Federal enforcement purposes.)
(2) Calaveras County APCD.
(i) Rule 211, submitted on October 13, 1977. (Rule 211, submitted on
July 22, 1975, and previously approved, is retained and shall remain in
effect for Federal enforcement purposes.)
(3) Del Norte County APCD.
(i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(4) El Dorado County APCD.
(i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted
on August 2, 1976. (The analogous Rule 55, submitted on February 21,
1972, and previously approved, is retained and shall remain in effect
for Federal enforcement purposes.)
(5) Humbolt County APCD.
(i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(6) Mariposa County APCD.
(i) Rule 211, submitted on June 6, 1977. (Rule 211, submitted on
January 10, 1975, and previously approved, is retained and shall remain
in effect for Federal enforcement purposes.)
(7) Mendocino County APCD.
(i) Rule 410(c)(7), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(8) Nevada County APCD.
(i) Rule 212, submitted on April 10, 1975, and Rule 211, submitted
on April 21, 1976. (Rule 52.1, submitted on June 30, 1972, and
previously approved, is retained and shall remain in effect for Federal
enforcement purposes.)
(9) Northern Sonoma County APCD.
(i) Rule 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on October 13, 1977.
(10) Placer County APCD.
(i) Rule 211, submitted on October 13, 1977. (The analogous Rule 61,
submitted on June 30, 1972, and previously approved, is retained and
shall remain in effect for Federal enforcement purposes.)
(ii) Rules 202, 207, and 211, submitted on October 15, 1979; and
Section 61, and Rules 202 and 207, previously approved in the June 30,
1972, January 10, 1975, and October 13, 1977 submittals, are retained.
(11) Plumas County APCD.
(i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211,
submitted on January 10, 1975, and previously approved, is retained and
shall remain in effect for Federal enforcement purposes.)
(12) San Luis Obispo County APCD.
(i) Rule 403, submitted on November 10, 1976.
(13) Sierra County APCD.
(i) Rule 211, submitted on June 6, 1977. (The analogous Rule 211,
submitted on January 10, 1975, and previously approved, is retained and
shall remain in effect for Federal enforcement purposes.)
(14) Trinity County APCD.
(i) Rules 410(c)(7) and 420(e), submitted on November 10, 1976.
(ii) Rules 420(e) and (f), submitted on November 4, 1977.
(c) The following regulations are disapproved because they relax the
control on visible emissions without any accompanying analyses
demonstrating that these relaxations will not interfere with the
attainment and maintenance of the National Ambient Air Quality Standards
or any other applicable requirement of the Clean Air Act.
(1) South Coast Air Quality Management District.
[[Page 249]]
(i) Rule 401, submitted on January 12, 1999.
[43 FR 25675, June 14, 1978]
Editorial Note: For Federal Register citations affecting
Sec. 52.275, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.276 Sulfur content of fuels.
(a) The following rules or portions of rules are disapproved since
they represent a relaxation of previously submitted regulations and an
adequate control strategy demonstration has not been submitted showing
that the relaxation will not interfere with the attainment and
maintenance of the National Ambient Air Quality Standards:
(1) North Central Coast Intrastate Region:
(i) Monterey Bay Unified APCD.
(A) Rule 412(a)(8), Sulfur Content of Fuels, submitted on October
23, 1974.
(b) The deletion of the following rules from the State
implementation plan is disapproved since their deletion represents a
relaxation of the control strategy, and an adequate demonstration
showing that the relaxation will not interfere with the attainment and
maintenance of the national ambient air quality standards has not been
submitted:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 126, Sulfur Contents of Fuels, submitted on June 30, 1972
and previously approved under 40 CFR 52.223.
[42 FR 56606, Oct. 27, 1977, as amended at 43 FR 35695, Aug. 11, 1978]
Sec. 52.277 Oxides of nitrogen, combustion gas concentration
limitations.
(a) The following rules are being retained to the extent that the
new rules are less stringent than the previously approved rules:
(1) North Central Coast Intrastate Region:
(i) Monterey Bay Unified APCD.
(A) Rule 404(c) submitted on February 21, 1972 by the Monterey-Santa
Cruz Unified APCD and previously approved as part of the SIP, is being
retained for sources combusting gaseous fuels. Rule 404(c) will be in
effect for Monterey and Santa Cruz Counties only. Rule 404(c), submitted
on November 10, 1976 by the Monterey Bay Unified APCD, will only be in
effect for sources combusting liquid or solid fuels with heat input
rates greater than 1\1/2\ billion BTU per hour in the Monterey and Santa
Cruz portions of the Unified APCD.
(B) Rule 408(b), submitted on February 21, 1972 by the San Benito
County APCD and previously approved as part of the SIP, is being
retained for sources combusting liquid, solid, or gaseous fuels with
heat input rates less than 1\1/2\ billion BTU per hour. Rule 408(b) will
be in effect for San Benito County only. Rule 404(c), submitted on
November 10, 1976 by the Monterey Bay unified APCD, will only be in
effect for sources combusting liquid, solid, or gaseous fuels with heat
input rates greater than 1\1/2\ billion BTU per hour in the San Benito
County portion of the Unified APCD.
[42 FR 56606, Oct. 27, 1977]
Sec. 52.278 Oxides of nitrogen control.
(a) The following regulations are disapproved because they relax the
control of nitrogen oxides emissions without an accompanying analysis
demonstrating that this relaxation will not interfere with the
attainment and maintenance of the National Ambient Air Quality
Standards.
(1) South central coast intrastate AQCR.
(i) San Luis Obispo County APCD.
(A) Rule 405(A)(1), Nitrogen Oxides Emission Standards Limitations
and Prohibitions submitted on November 10, 1976, is disapproved; and
Rule 114(4), Gaseous Contaminants Oxides of Nitrogen submitted on
February 21, 1972 and previously approved in 40 CFR 52.223, is retained.
[43 FR 34467, Aug. 4, 1978]
Sec. 52.279 Food processing facilities.
(a) The following regulations are disapproved because they conflict
with the requirements of 40 CFR Subpart I [formerly Sec. 51.18],
``Review of new sources and modifications,'' and relax the control on
emissions from food
[[Page 250]]
processing facilities without any accompanying analyses demonstrating
that these relaxations will not interfere with the attainment and
maintenance of the National Ambient Air Quality Standards.
(1) Merced County APCD Rules 210.1-II-J, 210.1-VII-F, 408-C (new
sentences two and three), adopted on August 21, 1984, and submitted on
October 5, 1984.
(2) Bay Area Air Quality Management District sections 2-2-119, 2-2-
120. Adopted on September 19, 1984, and submitted on October 5, 1984.
[52 FR 3646, Feb. 5, 1987, as amended at 55 FR 31835, Aug. 6, 1990]
Sec. 52.280 Fuel burning equipment.
(a) The following rules and regulations are disapproved because they
relax the control on emissions from fuel burning equipment without any
accompanying analyses demonstrating that these relaxations will not
interfere with the attainment and maintenance of the National Ambient
Air Quality Standards.
(1) Mountain Counties Intrastate AQCR:
(i) Amador County APCD.
(A) Rules 209, submitted on April 21, 1976 and October 15, 1979, are
disapproved; and Regulation V, Rule 19, previously approved in the June
30, 1972 submittal, is retained.
(B) Rule 210(B)(1), submitted on October 15, 1979, is disapproved;
and Rules 11 and 210, previously approved in the June 30, 1972 and April
21, 1976 submittals, are retained.
(ii) Calaveras County APCD.
(A) Rule 209, Fossil Fuel-Steam Generator Facility, submitted on
October 13, 1977, is disapproved; and Rule 408, Fuel Burning Equipment,
previously approved in the June 30, 1972, submittal, is retained and
shall remain in effect for Federal enforcement purposes.
(iii) Tuolumne County APCD.
(A) Rule 210, submitted on October 15, 1979, is disapproved; and
Rule 407, previously approved in the June 30, 1972 submittal, is
retained.
(iv) Placer County APCD.
(A) Rule 210, submitted on October 15, 1979, is disapproved, and
Rule 210, previously approved in the October 13, 1977 submittal, is
retained.
(2) Sacramento Valley Intrastate AQCR:
(i) Yolo-Solano APCD.
(A) Rule 2.16, Fuel Burning Heat or Power Generators, submitted on
July 19, 1974 is disapproved; and Rule 2.16, Fuel Burning Equipment,
submitted on June 30, 1972 and previously approved as part of the SIP in
40 CFR 52.223, is retained.
(3) Southeast Desert Intrastate AQCR.
(i) San Bernardino County Desert APCD.
(A) Rule 474, Fuel Burning Equipment--Oxides of Nitrogen, submitted
November 4, 1977, is disapproved. Rule 68 (same title) submitted June
30, 1972 and approved in 40 CFR 52.223 is retained.
(b) The deletion of the following rules or portions of rules from
the State implementation plan is disapproved since their deletion
represents a relaxation of the control strategy and an adequate
demonstration showing that the relaxation will not interfere with the
attainment and maintenance of the national ambient air quality standards
has not been submitted:
(1) Southeast Desert Intrastate Region:
(i) Imperial County APCD.
(A) Rule 131, Fuel Burning Equipment, submitted on February 21, 1972
and previously approved under 40 CFR 52.223.
(ii) San Bernardino County.
(A) Rule 67, Fuel Burning Equipment as applied to new sources. The
emission limit of Rule 67 is retained and is applicable only to existing
sources already granted a permit.
(c) The emission limits of Rules 67 and 72 are partially retained,
applicable only to (existing) sources granted permits prior to June 17,
1981.
(1) South Coast Air Quality Management District.
(i) Rules 67, Fuel Burning Equipment, and 72, Fuel Burning
Equipment, submitted on November 19, 1979.
[43 FR 25677, 25684 June 14, 1978, as amended at 43 FR 35696, Aug. 11,
1978; 43 FR 51774, Nov. 7, 1978; 43 FR 59490, Dec. 21, 1978; 44 FR 5664,
Jan. 29, 1979; 46 FR 3889, Jan. 16, 1981; 46 FR 27116, 27118, May 18,
1981; 47 FR 25016, June 9, 1982]
[[Page 251]]
Sec. 52.281 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulations for visibility monitoring. The provisions of
Sec. 52.26 are hereby incorporated and made part of the applicable plan
for the State of California.
(c) Regulations for visibility new source review. The provisions of
Sec. 52.27 are hereby incorporated and made part of the applicable plan
for the State of California only with respect to:
(1) Mendocino County air pollution control district,
(2) Monterey County air pollution control district,
(3) North Coast Unified air quality management district,
(4) Northern Sonoma County air pollution control district, and
(5) Sacramento County air pollution control district.
(d) The provisions of Sec. 52.28 are hereby incorporated and made
part of the applicable plan for the State of California, except for:
(1) Monterey County air pollution control district, and
(2) Sacramento County air pollution control district.
(e) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
California.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45138, Nov. 24, 1987]
Subpart G--Colorado
Sec. 52.320 Identification of plan.
(a) Title of plan: ``Air Quality Implementation Plan for State of
Colorado''.
(b) The plan was officially submitted on January 26, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Request for legal authority submitted February 14, 1972, by the
Governor.
(2) Request for 110(e) extensions submitted March 20, 1972, by the
Governor.
(3) Statements by State Air Pollution Control Commission (APCC)
related to public inspection of emission data, emergency episodes, and
transportation control submitted May 1, 1972, by the APCC. (Non-
regulatory)
(4) List of sources under compliance schedules submitted May 1,
1972, by the State Department of Health.
(5) Transportation Control Plans submitted June 4, 1973, by the
Governor.
(6) Statements relating to transportation control plans submitted
July 16, 1973, by the Governor. (Non-regulatory)
(7) Plan revisions submitted November 21, 1973, by the Governor
which delete Section III of Regulation No. 1 only as it relates to
existing sources in Appendix P concerning SO2.
(8) On June 7, 1974, the Governor submitted five Air Quality
Maintenance Area designations.
(9) Supplemental information about the Air Quality Maintenance Areas
was submitted by the Governor on January 29, 1975.
(10) Procedural rules for all proceedings before the Air Pollution
Control Commission, submitted May 5, 1977, by the Governor.
(11) On January 2, 1979, the Governor submitted the nonattainment
area plan for all areas designated nonattainment as of March 3, 1978.
EPA is taking no action on areas for which the Governor has requested
redesignations (Larimer-Weld TSP and ozone; El Paso County ozone).
(12) Extension request for attainment of CO and O3 was
submitted by the Governor on January 5, 1979.
(13) On July 5, 1979, the governor submitted the Air Pollution
Control Commission's final comment on our May 11, 1979, proposal. This
included a clarification that the ``No-Drive Day'' was not part of the
State Implementation Plan and transportation control measures schedules
for Larimer-Weld.
(14) On July 18, 1979, the Commission committed to revising
Regulation 7.
(15) On July 23, 1979, the Governor submitted House Bill 1090 and
Senate Bill 1 as part of the plan.
(16) On July 27, 1979, the Governor submitted the Denver Regional
Council of Governments schedules for implementing the transportation
control strategies, and clarified that the Transportation Development
Plan was part of the plan.
[[Page 252]]
(17) On March 4, 1980, the Governor submitted a plan revision to
meet the requirements of Air Quality Monitoring 40 CFR part 58, subpart
C, Sec. 58.20.
(18) On May 29, 1980, the Governor submitted written evidence of the
State's legal authority to implement and enforce an automobile emissions
control program as well as schedules for implementing that program and a
demonstration that it will achieve a 25% reduction in exhaust emissions
by 1987.
(19) On January 22 and February 6, 1980 the Governor submitted
schedules for the implementation of transportation control measures for
Denver and Larimer-Weld elements of the State Implementation Plan,
respectively.
(20) On April 21, 1980, the Governor submitted a plan revision to
meet the data reporting requirements of section 127 of the Clean Air
Act.
(21) On June 22, 1980, the Governor submitted the following amended
rules:
REPEAL AND REPROMULGATION OF REGULATION NO. 3 ``A Regulation
Requiring Air Pollutant Emission Notice, Emission Permits and Fees.''
REVISIONS TO COMMON PROVISIONS REGULATION as they relate to changes
in Regulation No. 3.
(22) On June 5, 1980, the Governor submitted the following rules:
REPEAL AND REPROMULGATION OF REGULATION NO. 7 ``A Regulations to
Control Emissions of Volatile Organic Compounds'' and revisions to the
Common Provisions Regulations as they relate to changes in Regulation
No. 7.
(23) On August 25, 1980, the Governor of Colorado submitted a site
specific revision to the State Implementation Plan for Coors Container
Corporation, Paper Packaging Division, in regard to alternative volatile
organic compound emissions reduction for its printing presses.
(24) Provisions to meet the requirements of sections 110 and 172 of
the Clean Air Act, as amended in 1977, regarding control of Group II VOC
sources were submitted on January 6, 1981, and the supplemental
information received on August 20, 1981.
(25) On December 29, 1980, the Governor submitted the following
rule: Regulation No. 11, covering procedures for garage licensing
(including mechanic testing and licensing), equipment requirements
(including standards and specifications for exhaust gas analyzers),
requirements for inspections, and emission standards as part of the
Colorado motor vehicle inspection program.
(26) On March 23, 1981, the Governor submitted revised regulations
limiting sulfur dioxide emissions from certain oil shale production
facilities.
(27) On April 12, 1982, the Governor submitted the plan revisions to
show attainment of the lead National Ambient Air Quality Standard.
(28) Regulation Number 7 is part of the plan.
(29) Provisions to meet the requirements of Part D of the Clean Air
Act for carbon monoxide in Colorado Springs, Fort Collins, and Greeley
and ozone in Denver were submitted on June 24, 1982, and supplemented by
information submitted on May 4, 1983,by the Colorado Air Quality Control
Commission.
(30) Revisions to Air Pollution Control Commission Regulation No. 1
related to fugitive particulate emissions, were submitted by the
Governor on June 22, 1982; on December 6, 1982; and on March 23, 1983,
with a technical clarification dated August 5, 1982. Included is
approval of requirements for continuous emission monitoring (CEM) of
sulfur dioxide on fossil fuel fired steam generator with greater than
250 million BTU per hour heat input. Also addressed is the reinstatement
of the 40% opacity limitation for wigwam waste-wood burners into
Regulation No. 1. With this is the addition of operation and maintenance
(O&M) requirements to promote improved operation of the wigwam burners.
(i) Incorporation by reference
(A) Emission Control Regulations for Particulates, Smokes and Sulfur
Oxides for the State of Colorado, Regulation No. 1.II (Smoke and
Opacity); III (Particulates); IV (Continuous Emission Monitoring
Requirements for Existing Sources; VII (Statements of Basis and
Purpose); and Appendices A and B; which were effective on May 30, 1982.
[[Page 253]]
(B) Colorado Air Quality Control Commission Common Provisions
Regulation which was effective on May 30, 1982.
(C) Letter of August 5, 1982, from the State of Colorado to EPA.
Clarification of the SIP Re: Continuous Emission Requirements for Oxides
of Sulfur from Fossil Fueled Steam Generators.
(31) Revisions to Air Pollution Control Commission Regulation No. 11
related to the Colorado Inspection and Maintenance (I/M) program for
exhaust emission inspection of motor vehicles, submitted by the Governor
on December 10, 1984.
(32) Revisions to Air Pollution Control Commission Regulation No. 1,
section II.A.6 and III.C.2 (a) and (b), submitted by the Governor on
April 9, 1985.
(i) Incorporation by reference.
(A) Revisions to Air Pollution Control Commission Regulation No. 1,
``Emission Control Regulation for Particulates, Smokes, and Sulfur
Oxides for the State of Colorado,'' sections II.A.6 and III.C.2 (a) and
(b), effective March 2, 1985.
(33) A revision to Regulation No. 4, ``Regulation on the Sale of New
Woodstoves'', to control emissions from new woodstoves was submitted by
the Governor on October 24, 1986.
(i) Incorporation by reference
(A) Colorado Air Quality Control Commission Regulation No. 4,
``Regulation on the Sale of New Woodstoves'' (Section III.A., E., F., G.
and Section VI.B. and C.) adopted June 27, 1985.
(34) [Reserved]
(35) Colorado Air Pollution Control Commission Regulation No. 4,
``Regulation on the Sale of New Wood Stoves'', submitted by the Governor
on July 18, 1985.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Regulation No. 4.,
``Regulation on the Sale of New Wood Stoves'', adopted June 27, 1985.
(36) ``Revisions to Colorado Regulation No. 3 Requiring Air
Contaminant Emission Notices, Emission Permits and Fees as it Relates to
the Prevention of Significant Deterioration'' and ``Revisions to Common
Provision Regulation as Related to Regulation 3.'' Changes submitted
April 18, 1983, by the Governor.
(37) Supplemental information submitted on December 16, 1985, by the
Colorado Department of Health concerning compliance with EPA's stack
height regulations in issuing PSD permits.
(i) Incorporation by reference.
(A) Revisions to Regulation 3 and Common Provisions Regulation
adopted March 10, 1983, by the Colorado Air Quality Control Commission.
(B) Supplemental information submitted on December 16, 1985, by the
Colorado Department of Health concerning compliance with EPA's stack
height regulation in issuing PSD permits.
(38) Revisions to Regulation 1 to control emissions from alfalfa
dehydrators were submitted by the Governor on July 29, 1987.
(i) Incorporation by reference.
(A) Section II.A.6 and introductory text of Section III.C.2.a of
Regulation 1 adopted by the Colorado Air Quality Control Commission on
January 15, 1987, effective on March 2, 1987.
(39) Regulation 12, to control emissions from diesel fleets with
nine or more vehicles over 7,500 pounds empty weight, registered in the
AIR Program area (the Colorado I/M program), was submitted by the
Governor on December 21, 1987.
(i) Incorporation by reference
(A) Colorado Air Quality Control Commission, Regulation No. 12,
adopted December 18, 1986, and effective January 30, 1987.
(40) A revision to the Colorado SIP was submitted by the Governor on
May 8, 1986, for Visibility New Source Review.
(i) Incorporation by Reference.
(A) Revision to the Colorado State Implementation Plan regarding
Revision to Regulation No. 3, Section XIV was submitted by the Governor
on April 18, 1983, and was adopted on March 10, 1983.
(B) Revision to the Colorado State Implementation Plan regarding
Revision to Regulation No. 3, Section IV was submitted by the Governor
on May 8, 1986, and was adopted on March 20, 1986.
(41) A revision to the SIP was submitted by the Governor on December
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21, 1987, for visibility general plan requirements, monitoring, and
long-term strategies.
(i) Incorporation by reference:
(A) Letter dated December 21, 1987, from Governor Roy Romer
submitting the Colorado Visibility SIP revision.
(B) The visibility SIP revision, Regulation No. 3, ``Regulation
requiring an air contaminant emission notice, Emission Permit Fees'',
section XV, adopted by the Colorado Air Quality Control Commission on
November 19, 1987.
(42) Revisions to Air Pollution Control Regulation No. 1, requiring
reasonably available control technology RACT for carbon monoxide control
on petroleum refinery catalytic cracking units were submitted by the
Governor on May 8, 1986.
(i) Incorporation by reference.
(A) Revisions to Section IV., paragraphs IV.A., IV.D.2. and IV.E.,
and Section VII., Regulation No. 1, emission control regulations for
particulates, smokes, carbon monoxide, and sulfur oxides for the State
of Colorado requiring CEM and RACT on petroleum refinery catalytic
cracking units in the metro Denver area effective on April 30, 1986.
(43) On June 15, 1988, the Governor submitted revisions to the CO
SIP for Colorado Springs. The revisions contain a new measure, the Clean
Air Campaign. EPA considers all other aspects of the submittal to be
surplus.
(i) Incorporation by reference
(A) Clean Air Campaign portion of the Carbon Monoxide State
Implementation Plan for the Colorado Springs urbanized area, revised
August 12, 1987.
(44) A revision to Regulation No. 4 of the Colorado SIP which
exempts certain woodburning devices from the certification requirements
of Regulation No. 4 was submitted by the Governor of Colorado on
September 10, 1988.
(i) Incorporation by reference. (A) In a letter dated September 10,
1988, Roy Romer, Governor of Colorado, submitted a revision to
Regulation No. 4 of the Colorado SIP.
(B) Paragraph (I)(A)(10)-(13) and (II)(C), revisions to Regulation
No. 4, ``Regulation on the Sale of New Woodstoves,'' of the Colorado SIP
became effective on June 30, 1988.
(45) In a letter dated May 8, 1986, the Governor submitted revisions
to the Colorado Regulation No. 3 (Regulation Requiring an Air
Contaminant Emission Notice, Emission Permit Fees) of the Colorado SIP
modifying stack evaluations. The changes consisted of (1) new
definitions of dispersion techniques, good engineering practice, nearby,
and excessive concentrations (Section XII.D.) and (2) rules clarifying
technical modeling and monitoring requirements (Section XII.C.).
(i) Incorporation by reference. (A) Revisions to the Colorado
Regulation No. 3 (Regulation Requiring and Air Contaminant Emission
Notice, Emission Permit Fees), Section XII, adopted March 20, 1986, by
the Colorado Air Quality Control Commission.
(46) On July 29, 1987, the Governor submitted:
(1) Amendments to Colorado Regulation No. 11 (Inspection/Maintenance
(I/M) program) and
(2) Regulation No. 13 (oxygenated fuels program).
(i) Incorporation by reference:
(A) Regulation No. 11, revised January 15, 1987, effective March 2,
1987.
(B) Regulation No. 13, adopted June 29, 1987, effective July 30,
1987.
(47) In a letter dated October 23, 1985, the Director of the Air
Pollution Control Division submitted the stack height demonstration
analysis. Supplemental information was submitted on June 20, 1986,
December 4, 1986, February 3, 1987, March 3, 1988, March 15, 1988, July
6, 1988 and August 16, 1988.
(i) Incorporation by reference. Stack height demonstration analyses
submitted by the State on October 23, 1985, June 20, 1986, December 4,
1986, February 3, 1987, March 3, 1988, March 15, 1988, July 6, 1988 and
August 16, 1988.
(48) [Reserved]
(49) A revision to Regulation No. 4 of the Colorado SIP submitted on
June 29, 1990, prohibits persons from operating a wood-burning stove or
fireplace during a high pollution day in specified areas.
(i) Incorporation by reference.
(A) Revisions to Regulation No. 4, ``Regulation on the Sale of New
Woodstoves,'' effective on June 30, 1990.
(50) [Reserved]
(51) On June 29, 1990, the Governor of Colorado submitted revisions
to the
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plan. The revisions include amendments to the Common Provisions
Regulation and Regulation No. 3 for emission permit fees and prevention
of significant deterioration of air quality (PSD) regulations to
incorporate the nitrogen dioxide (NO2) increments.
(i) Incorporation by reference. (A) Revisions to the Colorado Air
Quality Control Regulations, Common Provisions Regulation and Regulation
No. 3, which were effective on June 30, 1990.
(ii) Additional material. (A) October 22, 1990 letter from Douglas
Skie, EPA, to Bradley Beckham, Director, Air Pollution Control Division.
(B) November 5, 1990 letter from Bradley Beckham, Director, Air
Pollution Control Division, to Douglas Skie, EPA.
(52) [Reserved]
(53) Revisions to the Colorado State Implementation Plan were
submitted by the Governor of Colorado on July 13, 1990. The revision
adds a voluntary educational Better Air Campaign to the Ft. Collins
Carbon Monoxide element of the Colorado SIP.
(i) Incorporation by reference.
(A) The Fort Collins Better Air Campaign as defined in Exhibit ``A''
and adopted on September 5, 1989, through Resolution 89-161.
(54) On November 17, 1988 the Governor submitted revisions to
Regulation No. 3 and the Common Provisions Regulation which included:
Provisions for the review of new sources to protect the PM-10
national ambient air quality standards (NAAQS) and for consistency with
EPA requirements;
Amendments to address deficiencies and previous EPA disapprovals as
identified in the May 26, 1988 SIP Call;
Provisions for the certification and trading of emission offset
credits; and
Amendments to increase permit processing and annual fees.
(i) Incorporation by reference
(A) Regulation No. 3: Sections I.B.2.c.(i)-(vi), I.B.3.a., II.B.1.d
& e, II.B.3.c., II.C.1.h., II.C.3., III.A.1., IV.C.4.e., IV.C.4.f.(i) &
(iv)-(v), IV.C.6-10, IV.D.1.e., IV.D.2.a.(iv), IV.D.2.b., IV.D.2.c.(i) &
(ii), IV.D.3.a.(vi), IV.D.3.b.(i)(D), IV.D.3.b.(iii)(A)(3), (5), (7), &
(11), IV.D.3.d.(ii), IV.D.3.e., IV.G.3., IV.H.7., V.C-I, VI.A.2.,
VI.C.1., VI.D., VII.A., VIII.D., IX.K., XIII.B., XIV.B.1, XIV.B.4.c.;
and the Common Provisions Regulation: Section I.G., definitions of
``Best Available Control Technology,'' ``Complete,'' ``Construction,''
``Enforceable,'' ``Fixed Capital Cost,'' ``Lowest Achievable Emission
Rate (LAER),'' ``Modification,'' Net Emissions Increase,'' ``Particulate
Matter,'' ``Particulate Matter Emissions,'' ``PM10,'' ``PM10
Emissions,'' ``Reconstruction,'' ``Significant,'' ``Total Suspended
Particulate;'' revised August 18, 1988, effective September 30, 1988.
(ii) Additional Material
(A) Letter dated April 29, 1991 from the Colorado Air Pollution
Control Division to EPA.
(55) [Reserved]
(56) Revisions to the Colorado State Implementation Plan were
submitted by the Governor in letters dated October 25, 1989, and October
30, 1991. The revisions consist of amendments to Regulation No. 12,
``Reduction of Diesel Vehicle Emissions.''
(i) Incorporation by reference.
(A) Regulation No. 12 revisions adopted on July 20, 1989, and
effective on August 30, 1989, as follows: Part A (Diesel Fleet Self-
Certification Program): I.B.2.; I.C.1.; I.D.; II.A.2.b., c.; all of IV.
except those sections noted below; and add new Parts B (Diesel Opacity
Inspection Program) and C (Standards for Visible Pollutants from Diesel
Engine Powered Vehicles--Operating on Roads, Streets and Highways),
except those sections noted below. Regulation No. 12 revisions adopted
on September 19, 1991, and effective on October 30, 1991, as follows:
Part A: I.A.; I.B.3-18.; I.C.2.; II.A.1.; II.A.2.d., f., g., III.A.;
IV.A.2.; IV.C.1.c., g.; IV.C.2.c., h.; IV.C.3.f., i.; IV.C.4.k.;
IV.C.5.a.iv.; IV.C.5.b.; V.; VI.; VII.; VIII.; Part B: I.B.2., 7., 19.,
30.-37., 40., 50., 51.; I.C.2.; I.D.; I.E.3.; II.C.1.b.iv.; II.E.2.c.,
e.; II.E.8.; III.A.; III.B.4.; III.C.4.b.viii.-ix.; III.D.3.b.vi., xi.;
III.D.3.c.viii., xiii.; V.; VI.; and Part C: A.-F.
(57) Revision to the State Implementation Plan for Carbon Monoxide:
Greeley Element.
(i) Incorporation by reference.
(A) Letter and submittal dated November 25, 1987, from the Governor
of
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Colorado to the EPA Region VIII Administrator, to revise the SIP to
include the Greeley Element. The revision was adopted by the State on
September 17, 1987.
(58) On November 17, 1988, the Governor submitted an amendment to
Colorado Regulation No. 1, Section II.A.9., to exempt the destruction of
Pershing missiles under the Intermediate-Range Nuclear Forces (INF)
Treaty from meeting the opacity limits.
(i) Incorporation by reference.
(A) Regulation No. 1, Section II.A.9., adopted September 15, 1988,
effective October 30, 1988.
(59) Revisions to the State's new source review and prevention of
significant deterioration permitting rules in the Common Provisions
Regulation and Regulation No. 3, which were submitted by the Governor on
April 9, 1992.
(i) Incorporation by reference.
(A) Regulation No. 3: Sections I.A., I.B.2.c. through e., I.B.3.e.
and f., II.B.1., II.B.2., II.C., III.A.1., III.B., III.D., IV.B.2.,
IV.C.4., IV.C.7., IV.C.9, IV.D.1., IV.D.2.a.(ii) and (iv), IV.D.2.b.(i),
IV.D.3.a.(iii) and (vi), IV.D.3.b.(iv), IV.H., IV.I., V.A., V.C.1.,
V.C.3., V.D.1., V.D.2., V.D.4., V.D.5., V.D.11., V.E.1., V.E.5.,
V.F.10., V.F.11., V.F.13., V.G.7., V.G.8., V.H.3., V.H.7. and 8.,
V.I.3., VI.A.1., VI.C.2., IX.D., XII.D., XIII.B.4., XIII.B.6., and
XV.D.2.; and the Common Provisions Regulation: Sections I.D.2., I.F.,
II.C.1., II.C.4., IV., and Section I.G.- definitions of ``best available
control technology,'' ``commenced construction,'' ``complete,''
``federally enforceable,'' ``modification,'' ``potential to emit,''
``reasonable further progress,'' and ``stationary source;'' revised
October 17, 1991, effective November 30, 1991.
(60) Revisions to the Long-Term Strategy of the Colorado State
Implementation Plan for Class I Visibility Protection were submitted by
the Governor in a letter dated November 18, 1992. The submittal
completely replaces the previous version of the Long-Term Strategy and
includes amendments to Air Quality Control Commission Regulation No. 3,
``Air Contaminant Emissions Notices.''
(i) Incorporation by reference.
(A) Revisions to the Visibility Chapter of Regulation No. 3 as
follows: XV.F.1.c. as adopted on August 20, 1992, and effective on
September 30, 1992.
(61) The Governor of Colorado submitted a portion of the
requirements for the moderate nonattainment area PM10 State
Implementation Plan (SIP) for Denver, Colorado with a letter dated June
7, 1993, and subsequent submittals dated September 3, 1993, and October
20, 1993, fulfilling most of the commitments made in the June 7, 1993,
letter. The submittals were made to satisfy those moderate
PM10 nonattainment area SIP requirements due for the Denver
PM10 nonattainment area on November 15, 1991. EPA is
approving, for the limited purpose of strengthening the SIP, the control
measures contained in the SIP revisions identified above. (EPA is not
approving, at this time, the control measures limiting the emissions
from Purina Mills and Electron Corporation.)
(i) Incorporation by reference.
(A) Revisions to Regulation No. 4, ``Regulation on the Sale of New
Woodstoves and the Use of Certain Woodburning Appliances During High
Pollution Days,'' as adopted by the Air Quality Control Commission on
June 24, 1993, effective August 30, 1993, as follows: insert new Section
VIII and recodification of References Section. This revision pertains to
local jurisdiction implementation and enforcement of ordinances and
resolutions restricting wood burning on high pollution days.
(B) Regulation No. 16, ``Concerning Material Specifications for, Use
of, and Clean-up of Street Sanding Material,'' as adopted by the Air
Quality Control Commission on June 24, 1993, effective August 30, 1993,
as follows: recodification of Regulation and addition of Sections II and
III, which regulate emissions from street sanding and sweeping in the
Denver PM10 nonattainment area.
(C) Revisions to Regulation No. 1, ``Emission Control Regulations
for Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the
State of Colorado,'' as adopted by the Air Quality Control Commission on
August 19, 1993, effective October 30, 1993, as follows: insert new
Sections VII and
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VIII and recodification of the two following Sections, ``Emission
Regulations Concerning Areas Which are Nonattainment for Carbon
Monoxide--Refinery Fluid Bed Catalytic Cracking Units'', and
``Statements of Basis and Purpose'' Sections. The revisions pertain to
restrictions on the use of oil as a back-up fuel for certain sources and
set new emission limits at the following Public Service Company Power
Plants: Cherokee, Arapahoe, and Valmont.
(D) Coors Glass Plant allowable emission limitations on three
furnaces.
1. Permit 92JE129-1, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace 1.
2. Permit 92JE129-2, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace 2.
3. Permit 92JE129-3, effective date January 19, 1993, regulating
emissions at the KTG glass melting furnace 3.
(E) Conoco Refinery allowable emission limitations from the
refinery.
1. Permit 90AD524, effective date March 20, 1991, regulating a Tulsa
natural gas fired 20MMbtu/hour heater equipped with low-Nox burners.
2. Permit 90AD053, effective date March 20, 1991, regulating process
heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8 all
burning fuel gas only.
3. Permit 91AD180-3, effective December 28, 1992, regulating the
three stage Claus sulfur recovery unit with tail gas recovery unit.
(ii) Additional material.
(A) Regional Air Quality Council, ``Guidelines for Reducing Air
Pollution from Street Sanding'' sets voluntary guidelines for public
works departments to follow to reduce the amount of street sand applied,
and includes recommendations for increasing the effectiveness of street
cleaning operations.
(B) Adolph Coors Company Brewery permit emission limitations on five
boilers. Permits: C-12386-1&2, C-12386-3, C-10660, C-11199, and C-11305.
(62) On February 24, 1993, and December 9, 1993, the Governor of
Colorado submitted revisions to the Colorado State implementation plan
(SIP) to satisfy those moderate PM-10 nonattainment area SIP
requirements for Pagosa Springs, Colorado due to be submitted by
November 15, 1991. Included in the December 9, 1993 submittal were PM-10
contingency measures for Pagosa Springs to satisfy the requirements of
section 172(c)(9) of the Act due to be submitted by November 15, 1993.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Nonattainment Areas
regulation, section I. ``Pagosa Springs Nonattainment Area,'' adopted on
November 19, 1992, effective on December 30, 1992, with revisions
adopted on November 12, 1993, effective on December 30, 1993.
(63) On November 18, 1992, the Governor of Colorado submitted a plan
for the establishment and implementation of a Small Business Assistance
Program to be incorporated into the Colorado State Implementation Plan
as required by section 507 of the Clean Air Act.
(i) Incorporation by reference.
(A) Colorado Revised Statutes, Sections 25-7-109.2 and 25-7-114.7,
to establish and fund a small business stationary source technical and
environmental compliance assistance program, effective July 1, 1992.
(ii) Additional materials.
(A) November 18, 1992 letter from the Governor of Colorado
submitting a Small Business Assistance Program plan to EPA.
(B) The State of Colorado plan for the establishment and
implementation of a Small Business Assistance Program, adopted by the
Colorado Air Quality Control Commission on October 15, 1992, effective
October 15, 1992.
(64) On December 9, 1993, the Governor of Colorado submitted
PM10 contingency measures for the moderate nonattainment
PM10 areas of Canon City and Lamar, Colorado. The submittal
was made to satisfy the moderate PM10 nonattainment area
requirements for contingency measures due for Canon City and Lamar on
November 15, 1993.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Nonattainment Area
Regulation, Section IV. ``Lamar Nonattainment Area,'' and Section V.
``Canon City Nonattainment Area--
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PM-10,'' adopted on November 12, 1993, and effective December 30, 1993.
(65) On January 15, 1992, March 17, 1993, and December 9, 1993, the
Governor of Colorado submitted revisions to the Colorado State
implementation plan (SIP) to satisfy those moderate PM-10 nonattainment
area SIP requirements for Aspen, Colorado due to be submitted by
November 15, 1991. Included in the December 9, 1993 submittal were PM-10
contingency measures for Aspen to satisfy the requirements of section
172(c)(9) of the Act due to be submitted by November 15, 1993.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Nonattainment Areas
regulation, all of Section III. ``Aspen/Pitkin County PM-10
Nonattainment Area'' except Section III.C.6., adopted on January 21,
1993 effective on March 2, 1993, with revisions adopted on November 12,
1993, effective on December 30, 1993.
(66) On January 14, 1993, the Governor of Colorado submitted
revisions to the new source review and prevention of significant
deterioration requirements in the Common Provisions Regulation and
Regulation No. 3, as well as a revision to Regulation No. 7 pertaining
to volatile organic compounds of negligible photochemical reactivity.
(i) Incorporation by reference.
(A) Air Quality Control Commission Common Provisions Regulation,
Section I.C. and Section I.G., definitions of ``adverse environmental
effect,'' ``air pollutant,'' ``best available control technology,''
``federal act,'' ``federally enforceable,'' ``hazardous air pollutant,''
paragraph h. in ``net emissions increase,'' ``ozone depleting
compound,'' and ``significant;'' revised 11/19/92, effective 12/30/92.
(B) Air Quality Control Commission Regulation No. 3 Air Contaminant
Emission Notices, Sections I.B.1., I.B.2.c-e., I.B.3.e-f., IV.B.3-5,
IV.D.2.a.(iii), IV.D.2.c., IV.D.3., IV.D.4., IV.E., IV.F., IV.H.,
V.E.9., VI.B.1., VI.B.4., VI.B.5., VI.C., VII.C., VIII.A., VIII.C.1.,
XI.A., and XIII.A. and B.; revised 11/19/92, effective 12/30/92.
(C) Air Quality Control Commission Regulation No. 7 Emissions of
Volatile Organic Compounds, Section II.B.; revised 11/19/92, effective
12/30/92.
(67) On November 27, 1992, the Governor of Colorado, submitted a
revision to the Colorado SIP. This revision replaces previous versions
of Regulation No. 13 with the amended Regulation No. 13 (oxygenated
gasoline program) adopted September 17, 1992. Regulation No. 13 requires
the oxygenated gasoline programs to be implemented in the Fort Collins-
Loveland, Colorado Springs, and Boulder-Denver Metropolitan Statistical
Areas (MSA) as required by Section 211(m) of the Clean Air Act
Amendments of 1990.
(i) Incorporation by reference.
(A) Revision to Regulation No. 13, ``Oxygenated Gasoline Program,''
as adopted by the Colorado Air Quality Control Commission on September
17, 1992, effective October 10, 1992, as follows: entire Regulation
revision. This regulation supersedes and replaces all previous revisions
to Regulation No. 13, (40 CFR, 52.320(46)(2)).
(68) The Governor of Colorado submitted a portion of the
requirements for the moderate nonattainment area PM10 State
Implementation Plan (SIP) for Telluride, Colorado with a letter dated
March 17, 1993. The submittal was made to satisfy those moderate
PM10 nonattainment area SIP requirements due for Telluride on
November 15, 1991; however, the submittal did not contain quantitative
milestones to provide for maintenance of the PM10 National
Ambient Air Quality Standards through December 1997. The Governor of
Colorado submitted moderate PM10 nonattainment area
contingency measures for Telluride with a letter dated December 9, 1993.
This submittal was intended to satisfy the requirements of section
172(c)(9) of the Clean Air Act due on November 15, 1993.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Nonattainment Areas
regulation, Section II., Telluride Nonattainment Area, adopted January
21, 1993 and effective on March 2, 1993, with revisions adopted November
12, 1993 and effective December 30, 1993.
(ii) Additional material.
(A) The commitment and schedule for the adoption and implementation
of PM10 control measures that are necessary to demonstrate
maintenance of the 24-hour PM10 standard in Telluride,
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which were submitted in an April 21, 1994 letter from Thomas Getz, Air
Pollution Control Division, to Douglas M. Skie, EPA.
(69) On January 14, 1994 and on June 24, 1994, Roy Romer, the
Governor of Colorado, submitted SIP revisions to the Implementation Plan
for the Control of Air Pollution. This revision establishes and requires
the implementation of an enhanced motor vehicle inspection and
maintenance program in the Denver and Boulder urbanized areas as
required by section 187(a)(6) of the Clean Air Act Amendments of 1990.
This material is being incorporated by reference for the enforcement of
Colorado's enhanced I/M program only.
(i) Incorporation by reference.
(A) Colo. Rev. Stat. Sections 42-4-306.5--42-4-316 adopted June 8,
1993 as House Bill 93-1340, effective July 1, 1993.
(B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994.
(ii) Additional materials.
(A) SIP narrative and technical appendices 1-20 as corrected and
approved by the AQCC on June 21, 1994. The narrative is entitled ``State
of Colorado Motor Vehicle Inspection and Maintenance State
Implementation Plan'', dated December 16, 1993 with technical
corrections.
(70) Revisions to the Colorado State Implementation Plan were
submitted by the Governor on September 27, 1989, and August 30, 1990.
The revisions consist of amendments to the Ozone provisions in
Regulation No. 7, ``Regulation To Control Emissions of Volatile Organic
Compounds.''
(i) Incorporation by reference.
(A) Revisions to Regulation No. 7, Sections 7.I (Applicability),
7.II (General Provisions), 7.III (General Requirements for Storage and
Transfer of Volatile Organic Compounds), 7.IV (Storage of Highly
Volatile Organic Compounds), 7.V (Disposal of Volatile Organic
Compounds), 7.VI (Storage and Transfer of Petroleum Liquid), 7.VIII
(Petroleum Processing and Refining), 7.IX (Surface Coating Operations),
7.X (Use of Solvents for Degreasing and Cleaning), 7.XI (Use of Cutback
Asphalt), 7.XII (Control of VOC Emissions from Dry Cleaning Facilities
Using Perchloroethylene as a Solvent), 7.XIII (Graphic Arts), 7.XIV
(Pharmaceutical Synthesis), 7.XV (Control of Volatile Organic Compound
Leaks from Vapor Collection Systems Located at Gasoline Terminals, Bulk
Plants, and Gasoline Dispensing Facilities), and Appendices A (Criteria
for Control of Vapors from Gasoline Transfer to Storage Tanks), B
(Criteria for Control of Vapors from Gasoline Transfer at Bulk Plants-
Vapor Balance System), and D (Test Procedures for Annual Pressure/Vacuum
Testing of Gasoline Transport Trucks). The following new emission
sources and appendices were added to Regulation No. 7: 7.IX.A.7
(Fugitive Emission Control), 7.IX.N. (Flat Wood Paneling Coating),
7.IX.O. (Manufacture of Pneumatic Rubber Tires), and Appendix E
(Emission Limit Conversion Procedure). These revisions became effective
on October 30, 1989, and August 30, 1990.
(ii) Additional material.
(A) February 5, 1992, letter from John Leary, Acting Director,
Colorado Air Pollution Control Division, to Douglas Skie, EPA. This
letter contained the State's commitment to conduct capture efficiency
testing using the most recent EPA capture efficiency protocols, and the
commitment to adopt federal capture efficiency test methods after they
are officially promulgated by EPA.
(71) The Governor of Colorado submitted carbon monoxide contingency
measures for Colorado Springs and Fort Collins with a letter dated
February 18, 1994. This submittal was intended to satisfy the
requirements of section 172(c)(9) of the Clean Air Act for contingency
measures which were due on November 15, 1993.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Nonattainment Areas
regulation, 5 CCR 1001-20, Section VI, City of Fort Collins
Nonattainment Area, and Section VII, Colorado Springs Nonattainment
Area, adopted on November 12, 1993, effective on December 30, 1993.
(72) On November 12, 1993, August 25, 1994, September 29, 1994,
November 17, 1994, and January 29, 1996, the Governor of Colorado
submitted revisions to the
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State's construction permitting requirements in Regulation No. 3 and the
Common Provisions Regulation. These revisions included nonattainment new
source review permitting requirements for new and modified major sources
of PM-10 precursors locating in the Denver moderate PM-10 nonattainment
area, changing from the dual source definition to the plantwide
definition of source in nonattainment new source review permitting,
other changes to Regulation No. 3 to make the construction permitting
program more compatible with the State's title V operating permit
program, and correction of deficiencies. In addition, the Governor
submitted revisions to the Common Provisions Regulation on April 9, 1992
and January 14, 1993.
(i) Incorporation by reference.
(A) Common Provisions Regulation, 5 CCR 1001-2, Section I.G.,
definitions of ``baseline area'' and ``reconstruction;'' adopted 10/17/
91, effective 11/30/91.
(B) Common Provisions Regulation, 5 CCR 1001-2, Section I.G.,
definitions of ``net emissions increase'' and ``stationary source;''
adopted 8/20/92, effective 9/30/92.
(C) Common Provisions Regulation, 5 CCR 1001-2, Section I.A. and
Section I.G., definitions of ``emission control regulation'' and
``volatile organic compound;'' adopted 11/19/92, effective 12/30/92.
(D) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-
5, revisions adopted 8/18/94, effective 9/30/94, as follows: Part A
(with the exception of the last sentence in the definition of
``Federally enforceable'' in Section I.B.22 and with the exception of
Section IV.C.) and Part B (with the exception of Sections V.B. and
VII.A.5.). This version of Regulation No. 3, as incorporated by
reference here, supersedes and replaces all versions of Regulation No. 3
approved by EPA in previous actions.
(E) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-
5, revisions adopted on 3/16/95, effective 5/30/95, as follows: Part A:
Sections I.B.12., I.B.31., I.B.32., I.B.35.B., I.B.36., I.B.37.,
I.B.41., I.B.50., I.B.57., I.B.66., II.D.5.c., II.D.5.d., V.B., V.C.6.,
V.C.10., V.E.1.c., V.E.1.d., V.H.4. through V.H.8., V.I.1., VI.C.1.f.,
and VII.A.; Part B: Sections III.D.2., III.D.3., IV.B.4., IV.C.1.,
IV.D.1.a., IV.D.2.c.(i)(E), IV.D.4.a., and IV.J.
(ii) Additional material.
(A) July 3, 1995 letter from Martha E. Rudolph, First Assistant
Attorney General, Colorado Office of the Attorney General, to Jonah
Staller, EPA.
(73) On January 14, 1994 and on June 24, 1994, Roy Romer, the
Governor of Colorado, submitted SIP revisions to the State
Implementation Plan for the Control of Air Pollution. This revisions
requires the implementation of a basic motor vehicle inspection and
maintenance program in the urbanized areas of El Paso (Colorado
Springs), Larimer (Fort Collins), and Weld (Greeley) Counties meeting
the requirements of the Clean Air Act Amendments of 1990. This material
is being incorporated by reference for the enforcement of Colorado's
basic I/M program only.
(i) Incorporation by reference.
(A) Colo. Rev. Stat. Secs. 42-4-306.5--42-4-316 adopted June 8, 1993
as House Bill 93-1340, effective July 1, 1993.
(B) Regulation No. 11 (Inspection/Maintenance Program) as adopted by
the Colorado Air Quality Control Commission (AQCC) on March 17, 1994,
effective April 30, 1994.
(74) The Governor of Colorado submitted PM10 contingency
measures for Denver, Colorado in a letter dated November 17, 1995.
(i) Incorporation by reference.
(A) Section IV. of Regulation No. 16, Street Sanding Emissions,
adopted March 16, 1995, effective May 30, 1995.
(75) The Governor of Colorado submitted revisions to the
PM10 moderate nonattainment area State Implementation Plan
(SIP) for Telluride, Colorado with a letter dated April 22, 1996. The
submittal was made to satisfy the State's commitment to adopt additional
control measures necessary to demonstrate continued maintenance of the
PM10 National Ambient Air Quality Standards through 1997. Due
to the satisfaction of this commitment, the SIP now adequately meets the
quantitative milestone requirement.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission State Implementation
[[Page 261]]
Plan-Specific Regulation for Nonattainment Areas, 5 CCR 1001-20, Section
II.C., Telluride Nonattainment Area Street Sanding Requirements, adopted
August 17, 1995 and effective October 30, 1995.
(76) The Governor of Colorado submitted the moderate nonattainment
area PM10 State Implementation Plan (SIP) for Steamboat
Springs, Colorado with a letter dated September 16, 1997. The submittal
was made to satisfy those moderate PM10 nonattainment area
SIP requirements due for Steamboat Springs on July 20, 1995, including
among other things, control measures, technical analyses, quantitative
milestones, and contingency measures. The September 16, 1997 submittal
also included the Steamboat Springs emergency episode plan.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Nonattainment Areas, 5
CCR 1001-20, Section VIII., Steamboat Springs PM10
Nonattainment Area, adopted October 17, 1996 and effective on December
30, 1996.
(ii) Additional material.
(A) An October 29, 1997 letter from Margie M. Perkins, APCD, to
Richard R. Long, EPA, clarifying that the regulation entitled ``Ambient
Air Quality Standards for the State of Colorado'' was included in the
September 16, 1997 Steamboat Springs SIP submittal for informational
purposes only.
(77) On September 29, 1995, Roy Romer, the Governor of Colorado,
submitted a SIP revision to the State Implementation Plan for the
Control of Air Pollution. This revision provides a replacement
Regulation No. 11, Inspection/Maintenance Program which limits dealer
self-testing. This material is being incorporated by reference for the
enforcement of Colorado's I/M program.
(i) Incorporation by reference.
(A) Department of Health, Air Quality Control Commission, Regulation
No. 11 (Motor Vehicle Emissions Inspection Program) as adopted by the
Colorado Air Quality Control Commission (AQCC) on September 22, 1994,
effective November 30, 1994.
(78) Revisions to the Colorado State Implementation Plan were
submitted by the Governor of the State of Colorado on August 25, 1995,
and October 16, 1995. The revisions consist or amendments to Regulation
No. 3, ``Air Contaminant Emissions Notices'' and to Regulation No. 7,
``Regulation To Control Emissions of Volatile Organic Compounds.'' These
revisions involve source-specific State Implementation Plan requirements
for emission trading for Pioneer Metal Finishing Inc. and crossline
averaging for Lexmark International Inc.
(i) Incorporation by reference.
(A) Revisions to Regulation No. 3, 5 CCR 1001-5, sections V.A.
(Purpose), V.C.1 , V.C.3, V.C.5 (Definitions), V.D.6, V.D.7, V.D.9
(Procedure for Certification of Emissions Reductions and Approval of
Transactions), V.E. (Criteria for Certification of Emissions
Reductions), V.F., V.F.5, V.F.7, V.F.8.l, V.F.14, and V.F.15 (Criteria
for Approval of all Transactions) and Revisions to Regulation No. 7, 5
CCR 1001-9, section II.D.1.a (Alternative Control Plans and Test
Methods) became effective on December 30, 1994. The new section IX.L.2.c
through IX.L.2.c.xv (Manufactured Metal Parts and Metal Products) to
Regulation No. 7, 5 CCR 1001-9, applicable to Pioneer Metal Finishing
Inc., became effective on April 30, 1995. The new section IX.A.12
through IX.A.12.a.(xi) (General Provisions) to Regulation No. 7, 5 CCR
1001-9, applicable to Lexmark International Inc., became effective July
30, 1995.
(79) On August 23, 1996, the Governor of Colorado submitted a
revision to the long-term strategy portion of Colorado's State
Implementation Plan (SIP) for Class I Visibility Protection. The
revision was made to incorporate into the SIP, among other things,
emissions reduction requirements for the Hayden Station (a coal-fired
steam generating plant located near the town of Hayden, Colorado) that
are based on a consent decree addressing numerous air pollution
violations at the plant. This SIP revision replaces the previous
existing impairment portion of the long-term strategy as it relates to
the Mt. Zirkel Wilderness Area.
(i) Incorporation by reference.
(A) Long-Term Strategy Review and Revision of Colorado's State
Implementation Plan for Class I Visibility
[[Page 262]]
Protection Part I: Hayden Station Requirements, as follows: Section VI.,
effective on August 15, 1996.
(80) On July 11, 1994, July 13, 1994, September 29, 1995, and
December 22, 1995, the Governor of Colorado submitted revisions to the
Colorado State Implementation Plan (SIP) to satisfy those CO
nonattainment area SIP requirements for Denver and Longmont, Colorado
due to be submitted by November 15, 1992, and further revisions to the
SIP to shorten the effective period of the oxygenated fuels program. EPA
is not taking action on the SIP provision submitted on July 11, 1994
that calls for a prohibition of the re-registration of abandoned and
impounded vehicles.
(i) Incorporation by reference.
(A) Regulation No. 11, Motor Vehicle Emissions Inspection Program, 5
CCR 1001-13, as adopted on September 22, 1994, effective November 30,
1994. Regulation No. 13, Oxygenated Fuels Program, 5 CCR 1001-16, as
adopted on October 19, 1995, effective December 20, 1995.
(81) On August 1, 1996, the Governor of Colorado submitted revisions
to the prevention of significant deterioration regulations in Regulation
No. 3 to incorporate changes in the Federal PSD permitting regulations
for PM-10 increments and to make other minor administrative revisions.
(i) Incorporation by reference.
(A) Regulation No. 3, Air Contaminant Emissions Notices, 5 CCR 1001-
5, revisions adopted 8/17/95, effective 10/30/95, as follows: Part A,
Section I.B., as follows: the definition of ``baseline area'' in
subsection 10, the definition of ``minor source baseline date'' in
subsection 35, and the definition of ``net emissions increase'' in
subsection 37; Part A: Sections IV.B., V.C.1., and V.D.11.c.; Part B:
Sections IV.D.3.b.(v), VII.A.1., and X.D.
(82) The Governor of Colorado submitted the Denver moderate
nonattainment area PM10 State Implementation Plan (SIP) with
a letter dated March 30, 1995. The Governor submitted revisions to
Regulation No. 13, one of the control measures relied on in the
PM10 SIP, on December 22, 1995. These submittals as well as
support documentation submittals made on June 8, 1993, June 10, 1993,
June 25, 1993, July 19, 1993, August 5, 1993, September 3, 1993,
September 21, 1993, October 20, 1993, December 12, 1993, January 19,
1994, December 23, 1994, March 3, 1995, and November 8, 1995 satisfy
those moderate PM10 nonattainment area SIP requirements due
for the Denver PM10 nonattainment area on November 15, 1991.
EPA is approving the SIP. This approval replaces the previous limited
approval at 40 CFR 52.320(c)(61).
(i) Incorporation by reference.
(A) Regulation No. 4, ``Regulation on the Sale of New Woodstoves and
the Use of Certain Woodburning Appliances During High Pollution Days,''
5 CCR 1001-6, as adopted by the Air Quality Control Commission on June
24, 1993, effective August 30, 1993.
(B) Local woodburning ordinances and resolutions.
(1) Arvada, Colorado. Ordinance number 2451, effective November 2,
1987, regarding woodburning restrictions.
(2) Aurora, Colorado. Ordinance numbers 87-118 and 92-14, effective
May 22, 1987 and May 22, 1992, respectively, regarding woodburning
restrictions.
(3) Boulder, Colorado. Ordinance numbers 5007 and 5445, adopted
November 25, 1986 and April 21, 1992, respectively, regarding
woodburning restrictions.
(4) Broomfield, Colorado. Ordinance number 794, effective November
24, 1988, regarding woodburning restrictions.
(5) Denver, Colorado. Ordinance numbers 293 and 1018, approved May
30, 1990 and December 16, 1993, respectively, regarding woodburning
restrictions.
(6) Douglas County, Colorado. Resolution number 991-128, adopted
November 14, 1991, regarding woodburning restrictions.
(7) Englewood, Colorado. Ordinance numbers 31 and 39, passed on July
20, 1992, regarding woodburning restrictions.
(8) Federal Heights, Colorado. Ordinance number 565, adopted January
5, 1988, regarding woodburning restrictions.
(9) Glendale, Colorado. Ordinance numbers 2 and 14, adopted January
5, 1988 and effective on October 20, 1992, respectively, regarding
woodburning restrictions.
[[Page 263]]
(10) Greenwood Village, Colorado. Ordinance numbers 17 and 9,
effective July 9, 1988 and March 25, 1992, respectively, regarding
woodburning restrictions.
(11) Jefferson County, Colorado. Resolution numbers CC89-873 and
CC90-617, dated December 29, 1989 and August 7, 1990, respectively,
regarding woodburning restrictions.
(12) Lafayette, Colorado. Ordinance number 24; series 1988,
effective November 15, 1988, regarding woodburning prohibitions.
(13) Lakewood, Colorado. Ordinance numbers 0-86-113 and 0-92-61,
effective December 1, 1986 and November 28, 1992, respectively,
regarding woodburning restrictions.
(14) Littleton, Colorado. Ordinance numbers 51 and 26, passed on
December 6, 1988 and August 18, 1992, respectively, regarding
woodburning restrictions.
(15) Longmont, Colorado. Ordinance number 0-89-1, adopted December
27, 1988, regarding woodburning restrictions.
(16) Mountain View, Colorado. Ordinance number 90-5, approved on
January 7, 1991, regarding woodburning restrictions.
(17) Sheridan, Colorado. Ordinance numbers 22 and 1, approved
October 25, 1988 and February 9, 1993, respectively, regarding
woodburning restrictions.
(18) Thornton, Colorado. Ordinance numbers 2120 and 2194, adopted
October 28, 1991 and September 28, 1992, respectively, regarding
woodburning restrictions.
(19) Westminster, Colorado. Ordinance numbers 1742 and 2092, enacted
on November 9, 1987 and December 28, 1992, respectively, regarding
woodburning restrictions.
(C) Regulation No. 16, ``Concerning Material Specifications for, Use
of, and Clean-up of Street Sanding Material,'' 5 CCR 1001-18, as adopted
by the Air Quality Control Commission on September 22, 1994, effective
November 30, 1994.
(D) Regulation No. 1, ``Emission Control Regulations for
Particulates, Smokes, Carbon Monoxide, and Sulfur Oxides for the State
of Colorado,'' 5 CCR 1001-3, Sections I-IV and VI-IX, and Appendices A
and B, as adopted by the Air Quality Control Commission on August 19,
1993, effective October 20, 1993; with revisions to Sections VII and
VIII, adopted by the Air Quality Control Commission on September 22,
1994, effective November 30, 1994.
(E) Public Service Company Cherokee facility SO2 emission
limitations for the power facility.
(1) Permit 86AD352(1), effective date November 13, 1986, regulates
SO2 emissions at Unit 1.
(2) Permit 86AD352-2, effective date April 30, 1992, regulates
SO2 emissions at Unit 4.
(F) Purina Mills Inc. total PM10 emissions limitations at
the animal feed manufacturing facility.
(1) Permit 93AD1008-1, effective date October 19, 1993, regulating
emissions at the finished product loadout facility.
(2) Permit 93AD1008-2, effective date October 19, 1993, regulating
emissions at the grain receiving facility.
(G) Electron Corporation total PM10 emission limitations
at the gray iron foundry.
(1) Permit 93AR1363-1, effective date January 12, 1994, regulating
emissions at the Table shot blaster and associated baghouse.
(2) Permit 93AR1363-2, effective date January 12, 1994, regulating
emissions at the five grinding booths-stand and associated baghouse.
(3) Permit 93AR1363-3, effective date January 12, 1994, regulating
emissions at the five grinding booths-hand and associated baghouse.
(4) Permit 93AR1363-4, effective date January 12, 1994, regulating
emissions at the Muller-25 sand system and associated baghouse.
(5) Permit 93AR1363-5, effective date January 12, 1994, regulating
emissions at the Coleman core oven-sand.
(6) Permit 93AR1363-6, effective date January 12, 1994, regulating
emissions at the Spinner wheelabrator and associated baghouse.
(7) Permit 93AR1363-7, effective date January 12, 1994, regulating
emissions at the Sand sile-core room and associated baghouse.
(8) Permit 93AR1363-8, effective date January 12, 1994, regulating
emissions from pouring of molten iron (casting) and castings cooling.
[[Page 264]]
(9) Permit 93AR1363-9 effective date January 12, 1994, regulating
emissions at three tumble blast machines and associated baghouse.
(10) Permit 93AR1363-10, effective date January 12, 1994, regulating
emissions at two mullers-80A and associated baghouse.
(11) Permit 93AR1363-11, effective date January 12, 1994, regulating
emissions at the Casting shakeout hood and associated baghouse.
(12) Permit 93AR1363-12, effective date January 12, 1994, regulating
emissions at the Casting-disamatic mold and associated baghouse.
(13) Permit 93AR1363-13, effective date January 12, 1994, regulating
emissions at the Sand silo-disamatic and associated baghouse.
(14) Permit 93AR1363-14, effective date January 12, 1994, regulating
emissions at the Sand silo-air set room and associated baghouse.
(15) Permit 93AR1363-15, effective date January 12, 1994, regulating
emissions at two electric induction furnaces and associated baghouse.
(16) Permit 93AR1363-16, effective date January 12, 1994, regulating
emissions at two Inducto-Therm electric induction furnaces model 2000/
4, serial nos. 40102 and 40103, and associated baghouse.
(17) Permit 93AR1363-17, effective date January 12, 1994, regulating
emissions from chemicals used in core making process.
(18) Permit 93AR1363-18, effective date January 12, 1994, regulating
emissions at the Loop shakeout and associated baghouse.
(19) Permit 93AR1363-19, effective date January 12, 1994, regulating
emissions at the Floor shakeout and associated baghouse.
(20) Permit 93AR1363-20, effective date January 12, 1994, regulating
emissions at the Reclaim sand and associated baghouse.
(21) Permit 93AR1363-21 effective date January 12, 1994, regulating
emissions at the Sand heater/cooler and associated baghouse.
(22) Permit 93AR1363-22, effective date January 12, 1994, regulating
emissions at the Paint spray booth.
(H) TRIGEN-Colorado Energy Corporation permit emissions limitations
at two boilers.
(1) Permit 10JE660, effective date February 25, 1997, regulating
emissions at the 4 boiler: tangential fired cogeneration steam boiler.
(2) Permit 11JE305-1, effective date February 19, 1997, regulating
emissions at the 5 boiler: tangential fired cogeneration steam boiler.
(I) Rocky Mountain Bottle Company emission limitations on three
furnaces.
(1) Permit 92JE129-1, effective date June 29, 1995, regulating
emissions at the KTG glass melting furnaces 1, 2 and 3.
(J) Conoco Refinery allowable emission limitations from the
refinery.
(1) Permit 90AD524, effective date March 20, 1991, regulating a
Tulsa natural gas fired 20MMbtu/hour heater equipped with low-
NOX burners.
(2) Permit 90AD053, effective date March 20, 1991, regulating
process heaters H-10, H-11 and H-27 and process boilers B4, B6, and B8
all burning fuel gas only.
(3) Permit 91AD180-3, effective December 28, 1992, regulating the
three stage Claus sulfur recovery unit with tail gas recovery unit.
(ii) Additional material.
(A) Regional Air Quality Council, ``Guidelines for Reducing Air
Pollution from Street Sanding'' sets voluntary guidelines for public
works departments to follow to reduce the amount of street sand applied,
and includes recommendations for increasing the effectiveness of street
cleaning operations.
(83) A revision to the Colorado State Implementation Plan was
submitted by the Governor of the State of Colorado on April 22, 1996.
The revision consists of an amendment to Colorado Air Quality Control
Commission Regulation No. 7, ``Regulation To Control Emissions of
Volatile Organic Compounds,'' to provide an exemption for beer
production and associated beer container storage and transfer operations
involving volatile organic compounds under 1.5 psia from certain bottom
or submerged filling requirements that Regulation No. 7 otherwise
imposes. The revision consists of the addition of paragraph C to section
III, ``General Requirements for
[[Page 265]]
Storage and Transfer of Volatile Organic Compounds,'' of Regulation No.
7.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission Regulation No. 7, 5 CCR
1001-9, section III, paragraph C, adopted by the Colorado Air Quality
Control Commission on March 16, 1995, State effective May 30, 1995.
(84) The Governor of Colorado submitted the Denver PM10 mobile
source emissions budget State Implementation Plan (SIP) with a letter
dated July 18, 1995. The Governor submitted the Denver NOX
mobile source emissions budget State Implementation Plan (SIP) with a
letter dated April 22, 1996. The PM10 and NOX mobile source
emissions budgets and other provisions in these SIP submittals are used
to assess conformity of transportation plans, transportation improvement
programs, and transportation projects.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission, ``Ambient Air Quality
Standards'' regulation 5CCR 1001-14, Section A.1. Budgets for the Denver
Nonattainment Area (Modeling Domain) PM10, Sections A.2. and A.3., and
Sections B and C, adopted on February 16, 1995, effective April 30,
1995, as amended by the Colorado General Assembly through enactment of
Colorado Senate Bill 95-110, which Bill was enacted on May 5, 1995 and
signed by the Governor of Colorado on May 31, 1995. (See paragraph
(c)(84)(i)(B) of this section).
(B) Colo. Rev. Stat. section 25-7-105(1)(a)(III), enacted by the
Colorado General Assembly on May 5, 1995 as part of Colorado Senate Bill
95-110 and signed by the Governor of Colorado on May 31, 1995.
(C) Colorado Air Quality Control Commission ``Ambient Air Quality
Standards'' regulation 5CCR 1001-14, Section A.1. Budgets for the Denver
Nonattainment Area (Modeling Domain) Nitrogen Oxides, as adopted June
15, 1995, effective August 30, 1995.
(85) On September 16, 1997, the Governor of Colorado submitted
revisions to Regulation No. 10 ``Criteria for Analysis of Conformity''
that incorporate the General Conformity requirements of 40 CFR part 51,
Subpart W into State regulation.
(i) Incorporation by reference.
(A) Regulation No. 10 ``Criteria for Analysis of Conformity'', 5 CCR
1001-12, as adopted on October 17, 1996, effective December 30, 1996.
(86) On October 1, 1998, the Governor of Colorado submitted
revisions to Regulation No. 13 ``Oxygenated Fuels Program'' that
shortened the effective time period of the oxygenated fuels program for
Denver/Boulder, Colorado Springs, Fort Collins, and Longmont carbon
monoxide nonattainment areas and also reduced the required oxygen
content during certain periods.
(i) Incorporation by reference.
(A) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16,
as adopted on January 16, 1998, effective March 30, 1998.
(87) On September 16, 1997, the Governor of Colorado submitted
revisions to Regulations No. 3 and 7 and the Common Provisions
Regulation to update the State's list of negligibly reactive volatile
organic compounds (VOCs) and to consolidate the list of negligibly
reactive VOCs from Regulations No. 3 and 7 into the Common Provisions
Regulation. The Governor also submitted revisions to Parts A and B of
Regulation No. 3 on September 16, 1997 to amend the definition of
``applicable requirement'' and to correct typographical errors. On
August 19, 1998, the Governor submitted revisions to the Common
Provisions Regulation to update its list of negligibly reactive VOCs.
The Governor also submitted revisions to Regulation No. 7 to repeal the
requirements for control of VOC emissions from dry cleaning facilities
using perchloroethylene as a solvent.
(i) Incorporation by reference.
(A) Common Provisions Regulation, 5 CCR 1001-2, Section I.G.,
definition of ``negligibly reactive VOCs (NRVOCs)'' and subsection h. of
the definition of ``net emissions increase,'' adopted 12/21/95,
effective 3/1/96.
(B) Regulation No. 3, ``Air Contaminant Emission Notices,'' 5 CCR
1001-5, adopted 12/21/95, effective 3/1/96, as follows: Part A,
subsection h. of the definition of ``net emissions increase'' in Section
I.B.37.; and Part B, Section IV.D.4.
[[Page 266]]
(C) Regulation No. 7, ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, Section II.B., adopted 12/21/95, effective 3/1/96.
(D) Regulation No. 3, ``Air Contaminant Emission Notices,'' 5 CCR
1001-5, adopted 6/20/96, effective 8/30/96, as follows: Part A,
definition of ``applicable requirement'' in Section I.B.9., definition
of ``major source (for the purposes of Part C--operating permits)'' in
Section I.B.59., and Section V.C.12; and Part B, Section III.D.2.
(E) Common Provisions Regulation, 5 CCR 1001-2, Section I.G.,
definition of ``negligibly reactive VOCs (NRVOCs)'' adopted 11/21/96,
effective 1/30/97.
(F) Regulation No. 7, ``Emissions of Volatile Organic Compounds,'' 5
CCR 1001-9, Section XII., adopted 11/21/96, effective 1/30/97.
(88) On April 26, 1996, the Governor of Colorado submitted revisions
to Regulation No. 3 to allow a source to voluntarily request a permit to
limit potential to emit and to require that such permits be subject to
public participation.
(i) Incorporation by reference.
(A) Regulation No. 3, ``Air Contaminant Emissions Notices,'' 5 CCR
1001-5, revisions adopted 5/18/95, effective 7/30/95, as follows: part
B, sections III.A.4, III.A.7, and IV.C.4.
(89) On May 10, 2000, the Governor of Colorado submitted revisions
to Regulation No. 13 ``Oxygenated Fuels Program'' that eliminated the
Oxygenated Fuels Program for El Paso County and the Colorado Springs CO
attainment/maintenance area.
(i) Incorporation by reference.
(A) Regulation No. 13 ``Oxygenated Fuels Program'', 5 CCR 1001-16,
as adopted on February 17, 2000, effective April 30, 2000, as follows:
Sections I.D.19, II.A, II.A.1, II.A.2, II.C.1.a, II.C.1.b., and
II.C.1.c.
[37 FR 10855, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.320, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Effective Date Note: At 66 FR 32562, June 15, 2001, Sec. 52.320 was
amended by adding paragraph (c)(90), effective Aug. 14, 2001. For the
convenience of the user the added text follows:
Sec. 52.320 Identification of plan.
* * * * *
(c) * * *
(90) On May 10, 2000, the State of Colorado submitted maintenance
plans for the Telluride and Pagosa Springs PM10 nonattainment
areas and requested that these areas be redesignated to attainment for
the PM10 National Ambient Air Quality Standards. The
redesignation requests and maintenance plans satisfy all applicable
requirements of the Clean Air Act.
(i) Incorporation by reference.
(A) Colorado Air Quality Control Commission, ``State Implementation
Plan Specific Regulations for Nonattainment--Attainment/Maintenance
Areas (Local Elements),'' 5 CCR 1001-20, revisions adopted 3/16/00,
effective 5/30/00, as follows: Section I., Pagosa Springs Attainment/
Maintenance Area and Section II., Telluride Attainment/Maintenance Area.
(ii) Additional Material.
(A) January 24, 2001 letter from Margie Perkins, Director, Colorado
Air Pollution Control Division, to Richard Long, Director, EPA Region
VIII Air and Radiation Program, clarifying the commitments of the
Verification of Continued Attainment section of the Telluride and Pagosa
Springs maintenance plans.
Sec. 52.321 Classification of regions.
The Colorado plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Pawnee Intrastate......................................... I III III III III
Metropolitan Denver Intrastate............................ I III III I I
Comanche Intrastate....................................... III III III III III
San Isabel Intrastate..................................... I III III III III
San Luis Intrastate....................................... III III III III III
Four Corners Interstate................................... IA IA III III III
Grand Mesa Intrastate..................................... III III III III III
[[Page 267]]
Yampa Intrastate.......................................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 44
FR 57409, Oct. 5, 1979]
Sec. 52.322 Extensions.
The Administrator, by authority delegated under section 188(d) of
the Clean Air Act, as amended in 1990, extends for one year (until
December 31, 1995) the attainment date for the Denver, Colorado, PM-10
nonattainment area.
[60 FR 52315, Oct. 6, 1995]
Sec. 52.323 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Colorado's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisifies all requirements of
Part D, Title 1, of the Clean Air Act as amended in 1977, except as
noted below.
[44 FR 57410, Oct. 5, 1979]
Sec. 52.324 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met
since the State lacks the authority to require owners or operators of
stationary sources to install, maintain, and use emission monitoring
devices and to make periodic reports to the State on the nature and
amounts of emissions from such stationary sources.
(b) Delegation of authority: Pursuant to section 114 of the Act,
Colorado requested a delegation of authority to enable it to require
sources to install and maintain monitoring equipment and to report
periodically on the nature and amount of their emissions. The
Administrator has determined that Colorado is qualified to receive a
delegation of the authority it requested. Accordingly, the Administrator
delegates to Colorado his authority under section 114(a)(1)(B) and (C)
of the Act, i.e., authorityto require sources within the State of
Colorado to install and maintain monitoring equipment and to report
periodically on the nature and amount of their emissions.
[37 FR 10855, May 31, 1972, as amended at 46 FR 24182, Apr. 30, 1981; 51
FR 40676, Nov. 7, 1986; 62 FR 2914, Jan. 21, 1997]
Sec. 52.325 [Reserved]
Sec. 52.326 Area-wide nitrogen oxides (NOX) exemptions.
The Denver Regional Council of Governments (DRCOG) submitted a
NOX exemption petition to the EPA on May 25, 1994 and
submitted supporting documentation via a letter dated August 1, 1994.
This petition requested that the Denver metropolitan area, a
transitional ozone nonattainment area, be exempted from the requirement
to meet the NOX provisions of the Federal transportation and
general conformity rule with respect to ozone. The exemption request was
based on monitoring data which demonstrated that the National Ambient
Air Quality Standard for ozone had been attained in this area for the 3
years prior to the petition. The EPA approved this exemption request on
July 28, 1995.
[60 FR 40291, Aug. 8, 1995]
Secs. 52.327-52.328 [Reserved]
Sec. 52.329 Rules and regulations.
(a) On January 14, 1993, the Governor of Colorado submitted
revisions to the State's nonattainment new source review permitting
regulations to bring the State's regulations up to date with the 1990
Amendments to the Clean Air Act. With these revisions, the State's
regulations satisfy the part D new source review permitting requirements
for the following nonattainment areas: the Canon City, Lamar, Pagosa
Springs, Aspen, Telluride, and Steamboat Springs moderate
PM10 nonattainment areas, the Denver/Metro Boulder, Longmont,
Colorado Springs, and Fort Collins moderate carbon monoxide
[[Page 268]]
nonattainment areas, the Greeley not classified carbon monoxide
nonattainment area, and the Denver transitional ozone nonattainment
area.
(b) On January 14, 1993 and on August 25, 1994, the Governor of
Colorado submitted revisions to the State's nonattainment new source
review permitting regulations to bring the State's regulations up to
date with the 1990 Amendments to the Clean Air Act. With these
revisions, the State's regulations satisfy the part D new source review
permitting requirements for the Denver metropolitan moderate PM-10
nonattainment area.
[59 FR 64336, Dec. 14, 1994, as amended at 62 FR 2914, Jan. 21, 1997; 62
FR 68195, Dec. 31, 1997]
Sec. 52.330 Control strategy: Total suspended particulates.
(a) Part D--Conditional Approval: The Pueblo plan is approved
assuming the State demonstrates by December 31, 1981, through air
quality modeling, attainment of the 24-hour and annual standards, while
considering emissions from all sources in the nonattainment area. In
addition, the State must repromulgate Regulation No. 1 to satisfy
reasonably available control technology requirements in accordance with
the following schedule:
(1) The Commission will consider and adopt for public hearing any
changes or additions to Regulation No. 1 by February 15, 1981.
(2) The proposed regulations will be published in the Colorado
Register by March 10, 1981.
(3) Public hearing will be held by May 14, 1981.
(4) Regulations will be approved with an effective date no later
than July 1, 1981, and submitted to EPA by the same date.
[46 FR 26302, May 12, 1981]
Sec. 52.331 Committal SIP for the Colorado Group II PM10
areas.
On April 14, 1989, the Governor submitted a Committal SIP for the
Colorado Group II PM10 areas. The SIP commits the State to
continue to monitor for PM10, report data and to submit a
full SIP if a violation of the PM10 National Ambient Air
Quality Standards is detected.
[54 FR 43178, Oct. 23, 1989]
Sec. 52.332 Moderate PM-10 nonattainment area plans.
(a) On April 9, 1992, the Governor of Colorado submitted the
moderate PM-10 nonattainment area plan for the Canon City area. The
submittal was made to satisfy those moderate PM-10 nonattainment area
SIP requirements which were due for Canon City on November 15, 1991.
(b)(1) On February 24, 1992, and December 9, 1993, the Governor of
Colorado submitted the moderate PM-10 nonattainment area plan for the
Pagosa Springs area. The submittal was made to satisfy those moderate
PM-10 nonattainment area SIP requirements which were due for Pagosa
Springs on November 15, 1991.
(2) On August 2, 1996, the Governor of Colorado submitted minor
revisions to the Pagosa Springs Element of the Colorado PM-10 SIP.
(c) On May 27, 1993, the Governor of Colorado submitted the moderate
PM-10 nonattainment area plan for the Lamar area. The submittal was made
to satisfy those moderate PM-10 nonattainment area SIP requirements
which were due for Lamar on November 15, 1991.
(d) On December 9, 1993, the Governor of Colorado submitted
PM10 contingency measures for the moderate PM10
nonattainment areas of Canon City, Lamar, and Pagosa Springs. The
submittal was made to satisfy the moderate PM10 nonattainment
area requirements for contingency measures due for Canon City, Lamar,
and Pagosa Springs on November 15, 1993.
(e)(1) On January 15, 1992, March 17, 1993, and December 9, 1993,
the Governor of Colorado submitted the moderate PM-10 nonattainment area
plan for the Aspen area. The submittals were made to satisfy those
moderate PM-10 nonattainment area SIP requirements which were due for
Aspen on November 15, 1991. The December 9, 1993 submittal was also made
to satisfy the PM-10 contingency measure requirements which were due for
Aspen on November 15, 1993.
[[Page 269]]
(2) On March 13, 1995, the Governor of Colorado submitted minor
revisions to the Aspen Element of the Colorado PM-10 SIP.
(f) On March 30, 1995, and November 17, 1995, the Governor of
Colorado submitted the moderate PM10 nonattainment area plan
for the Denver area. The March 30, 1995 submittal was made to satisfy
those moderate PM10 nonattainment area SIP requirements due
for the Denver PM10 nonattainment area on November 15, 1991.
The November 17, 1995 submittal was also made to satisfy the
PM10 contingency measure requirements which were due for
Denver on November 15, 1993.
(g) On March 17, 1993, December 9, 1993, and April 22, 1996, the
Governor of Colorado submitted the moderate PM10
nonattainment area plan for Telluride. The submittals were made to
satisfy those moderate PM10 nonattainment area SIP
requirements which were due for Telluride on November 15, 1991. The
December 9, 1993 submittal was also made to satisfy the PM10
contingency measure requirements which were due for Telluride on
November 15, 1993.
(h) On September 16, 1997 the Governor of Colorado submitted the
moderate PM10 nonattainment area plan for Steamboat Springs.
The submittal was made to satisfy those moderate PM10
nonattainment area SIP requirements which were due for Steamboat Springs
on July 20, 1995.
(i) On September 22, 1997, the State of Colorado submitted a
maintenance plan for the Canon City PM10 nonattainment area and
requested that the area be redesignated to attainment for the PM10
National Ambient Air Quality Standards. An April 24, 2000 letter from
Margie Perkins, Director, Colorado Air Pollution Control Division, to
Richard Long, Director, EPA Region VIII Air and Radiation Program, was
sent to clarify the requirements of the contingency plan section of the
Canon City maintenance plan. The redesignation request and maintenance
plan satisfy all applicable requirements of the Clean Air Act.
[58 FR 68038, Dec. 23, 1993, as amended at 59 FR 26128, May 19, 1994; 59
FR 29734, June 9, 1994; 59 FR 47095, Sept. 14, 1994; 59 FR 64336, Dec.
14, 1994; 62 FR 18723, Apr. 17, 1997; 62 FR 66008, Dec. 17, 1997; 62 FR
68195, Dec. 31, 1997; 65 FR 34404, May 30, 2000]
Effective Date Note: At 66 FR 32562, June 15, 2001, Sec. 52.332 was
amended by adding paragraph (j), effective Aug. 14, 2001. For the
convenience of the user the added text follows:
Sec. 52.332 Moderate PM-10 nonattainment area plans.
* * * * *
(j) On May 10, 2000, the State of Colorado submitted maintenance
plans for the Telluride and Pagosa Springs PM10 nonattainment
areas and requested that these areas be redesignated to attainment for
the PM10 National Ambient Air Quality Standards. The
redesignation requests and maintenance plans satisfy all applicable
requirements of the Clean Air Act.
Secs. 52.333-52.342 [Reserved]
Sec. 52.343 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are not met for the following categories of sources for preventing
the significant deterioration of air quality:
(1) Sources locating on Indian lands.
(2) Sources locating on Indian Reservations.
(3) Sources which constructed prior to September 2, 1986 and which
have not otherwise subjected themselves to Colorado's PSD permitting
regulations after September 2, 1986, either through application to
Colorado for a PSD permit (in the case of those sources which improperly
constructed without obtaining a PSD permit) or through application to
Colorado for a major modification to the source.
(b) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (w) are hereby
incorporated and made a part of the applicable state plan for the
[[Page 270]]
State of Colorado for the sources identified in paragraph (a) as not
meeting the requirements of sections 160-165 of the Clean Air Act.
(c) The State of Colorado has clarified the generalized language
contained in the Colorado Air Quality Control Regulations on the use of
``applicable air quality models.'' In a letter to Douglas M. Skie, EPA,
dated May 19, 1989, Bradley J. Beckham, Director of the Air Pollution
Control Division stated:
* * * All PSD permits reviewed by the Division will use the revised
modeling guideline mentioned above [Guideline on Air Quality Models
(Revised), EPA 450/2-78-027R including Supplement A (July 1987)] for
determining if the air quality models, data bases, and other
requirements are generally approved by EPA. Any future revisions
(including appendices or supplement) will be incorporated into the
Division's protocol for reviewing modeling for PSD permits.
[51 FR 31126, Sept. 2, 1986, and 52 FR 4622, Feb. 13, 1987, as amended
at 52 FR 22638, June 15, 1987; 54 FR 27881, July 3, 1989; 57 FR 27000,
June 17, 1992; 59 FR 42506, Aug. 18, 1994; 62 FR 2914, Jan. 21, 1997; 62
FR 13336, Mar. 20, 1997]
Sec. 52.344 Visibility protection.
(a) A revision to the SIP was submitted by the Governor on December
21, 1987, for visibility general plan requirements, monitoring, and
long-term strategies.
(b) The Visibility NSR regulations are approved for industrial
source categories regulated by the NSR and PSD regulations which have
previously been approved by EPA. However, Colorado's NSR and PSD
regulations have been disapproved for certain sources as listed in 40
CFR 52.343(a)(1). The provisions of 40 CFR 52.26 and 52.28 are hereby
incorporated and made a part of the applicable plan for the State of
Colorado for these sources.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987;
53 FR 30431, Aug. 12, 1988; 53 FR 48539, Dec. 1, 1988; 59 FR 51379, Oct.
11, 1994]
Sec. 52.345 Stack height regulations.
The State of Colorado has committed to revise its stack height
regulations should EPA complete rulemaking to respond to the decision in
NRDC v. Thomas, 838 F. 2d 1224 (DC Cir. 1988). In a letter to Mr.
Douglas M. Skie, EPA, dated May 9, 1988, Bradley J. Beckham, Director of
the Colorado Air Pollution Control Division stated:
* * * We are submitting this letter to allow EPA to continue to
process our current SIP submittal with the understanding that if EPA's
response to the NRDC remand modified the July 8, 1985, regulations, EPA
will notify the state of the rules that must be changed to comply with
the EPA's modified requirements. The State of Colorado agrees to make
appropriate changes.
[54 FR 24340, June 7, 1989]
Sec. 52.346 Air quality monitoring requirements.
In a letter and submittal dated July 7, 1993, from the Governor of
Colorado to the EPA Region VIII Administrator, the State submitted a
revised Air Quality Monitoring State Implementation Plan. The plan was
adopted by the State on March 18, 1993, and completely replaces the
previous version of the Air Quality Monitoring plan as identified at 40
CFR 52.320 (c)(17). The revisions updated the plan to bring it into
conformance with the Federal requirements for air quality monitoring as
found in 40 CFR part 58. The State commits to meet these Federal
requirements.
[58 FR 49435, Sept. 23, 1993]
Sec. 52.347 [Reserved]
Sec. 52.348 Emission inventories.
(a) The Governor of the State of Colorado submitted the 1990 carbon
monoxide base year emission inventories for the Colorado Springs,
Denver/Longmont, and Fort Collins nonattainment areas on December 31,
1992, as a revision to the State Implementation Plan (SIP). The Governor
submitted revisions to the Colorado Springs and Fort Collins inventories
by a letter dated March 23, 1995. The Governor submitted revisions to
the Denver/Longmont inventory by letters dated July 11, 1994, and
October 21, 1994. The inventories address emissions from point, area,
on-road mobile, and non-road sources. These 1990 base year carbon
monoxide inventories satisfy the requirements of section 187(a)(1) of
the Clean Air Act for each of these nonattainment areas.
[[Page 271]]
(b) On September 16, 1997, the Governor of Colorado submitted the
1993 Carbon Monoxide Periodic Emission Inventories for Colorado Springs,
Denver, Fort Collins, and Longmont as revisions to the Colorado State
Implementation Plan. These inventories address carbon monoxide emissions
from stationary point, area, non-road mobile, and on-road mobile
sources.
(c) On September 16, 1997, the Governor of Colorado submitted the
1990 Carbon Monoxide Base Year Emission Inventory for Greeley as a
revision to the Colorado State Implementation Plan. This inventory
addresses carbon monoxide emissions from stationary point, area, non-
road, and on-road mobile sources.
(d) On May 10, 2000, the Governor of Colorado submitted the 1996
Carbon Monoxide Periodic Emission Inventories for Denver and Fort
Collins, as a revision to the Colorado State Implementation Plan. The
inventories address carbon monoxide emissions from stationary point,
area, non-road mobile, and on-road mobile sources.
[61 FR 67469, Dec. 23, 1996, as amended at 63 FR 38089, July 15, 1998;
64 FR 11782, Mar. 10, 1999; 65 FR 63548, Oct. 24, 2000]
Sec. 52.349 Control strategy: Carbon monoxide.
(a) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Greeley, as
adopted by the Colorado Air Quality Control Commission on September 19,
1996, State effective November 30, 1996, and submitted by the Governor
on September 16, 1997.
(b) On June 25, 1996, the Governor of Colorado submitted a revision
to the Colorado Springs element of the carbon monoxide (CO) portion of
the Colorado State Implementation Plan (SIP). The revision to the
Colorado Springs element was submitted to satisfy certain requirements
of part D and section 110 of the Clean Air Act (CAA) as amended 1990.
The revision substitutes Colorado's oxygenated gasoline program for the
Colorado Springs bus purchase program as a source of emissions
reductions credits in the Colorado Springs CO element of the SIP. This
revision removes the bus purchase program from the EPA-approved SIP. EPA
originally approved the bus purchase program as part of the Colorado
Springs CO element of the SIP on December 12, 1983 (48 FR 55284).
(c) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Colorado
Springs, as adopted by the Colorado Air Quality Control Commission on
January 15, 1998, State effective March 30, 1998, and submitted by the
Governor on August 19, 1998.
(d) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Redesignation Request and Maintenance Plan for Longmont, as
adopted by the Colorado Air Quality Control Commission on December 18,
1997, State effective March 2, 1998, and submitted by the Governor on
August 19, 1998.
(e) Revisions to the Colorado State Implementation Plan, Carbon
Monoxide Revised Maintenance Plan for Colorado Springs, as adopted by
the Colorado Air Quality Control Commission on February 17, 2000, State
effective April 30, 2000, and submitted by the Governor on May 10, 2000.
[64 FR 11782, Mar. 10, 1999, as amended at 64 FR 17105, Apr. 8, 1999; 64
FR 46288, Aug. 25, 1999; 64 FR 51701, Sept. 24, 1999; 65 FR 80783, Dec.
22, 2000]
Effective Date Note: At 66 FR 34116, June 27, 2001, Sec. 52.349, was
amended by adding paragraph (f), effective Aug. 27, 2001. For the
convenience of the user, the revised text is set forth as follows:
Sec. 52.349 Control strategy: Carbon monoxide.
* * * * *
(f) Determination. EPA has determined that the Denver carbon
monoxide ``serious'' nonattainment area attained the carbon monoxide
national ambient air quality standard by December 31, 2000. This
determination is based on air quality monitoring data from 1998, 1999,
and 2000.
Subpart H--Connecticut
Sec. 52.369 [Reserved]
Sec. 52.370 Identification of plan.
(a) Title of plan: ``State of Connecticut Air Implementation Plan.''
[[Page 272]]
(b) The plan was officially submitted on March 3, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous non-regulatory addition to the plan and addition
of amendment to Chapter 360 of General Statutes which provides authority
for delegation of enforcement authority submitted on March 21, 1972, by
the Connecticut Department of Environmental Protection.
(2) Miscellaneous non-regulatory additions to the plan submitted on
April 6, 1972, by the Connecticut Department of Environmental
Protection.
(3) Attainment dates submitted on August 10, 1972, by the
Connecticut Department of Environmental Protection.
(4) Regulation 19-508-100 requiring a review of indirect sources
submitted on January 9, 1974, by the Connecticut Department of
Environmental Protection.
(5) AQMA identification material submitted on April 15, 1974, by the
Connecticut Department of Environmental Protection.
(6) Indirect Source Review Regulation 19-508-100 resubmitted on
August 26, 1974, by the Connecticut Department of Environmental
Protection.
(7) [Reserved]
(8) Revision to Chapter 8, Air Quality Surveillance, submitted on
June 30, 1977, by the Governor.
(9) Revision to Indirect Source Review Regulation 19-508-100
submitted on June 13, 1977, by the Connecticut Department of
Environmental Protection.
(10) A revision to Regulation 19-508-19(a)(2)(i) submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on April 16, 1979, granting a variance until April 1, 1981, to Northeast
Utilities.
(11) State Implementation Plan revisions to meet the requirements of
part D of the Clean Air Act, as amended in 1977, were submitted on June
22, 1979, and received on June 27, 1979; submitted on December 18, 1979
and received on December 28, 1979; submitted on January 28, 1980, and
received on February 1, 1980; submitted and received on May 1, 1980;
submitted and received on June 5, 1980; submitted on September 2, 1980,
and received on September 8, 1980; and submitted and received on
November 12, 1980. Included are plans to attain: The primary TSP
standard in Greenwich and Waterbury and the carbon monoxide and ozone
standards statewide. 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 revision to Regulation 19-508-19(a)(2)(i), submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on September 8, 1980, granting a variance until March 27, 1983, to the
Federal Paperboard Company, Inc.
(13) A comprehensive air quality monitoring plan, intended to meet
requirements of 40 CFR part 58, was submitted by the Connecticut
Department of Environmental Protection Commission on June 9, 1980, and
November 17, 1980.
(14) Non-regulatory additions to the plan which were submitted on
December 19, 1980, and amended on March 11, 1981, by the Connecticut
Department of Environmental Protection amending the sulfur control
strategy to include an ``Air Pollution Control/Energy Trade Option''
except for submittal attachments 1 and 2, ``Sulfur Dioxide'' and
``Transport of Sulfur Dioxide'' and the section of attachment 3
``Control of Sulfur Oxides'' entitled ``Sample Analysis of a Btu Bubble
Application''.
(15) Non-regulatory addition to the plan of the state New Source
Ambient Impact Analysis Guideline, for use in State program actions,
submitted on December 19, 1980, and amended on March 11, 1981, and July
15, 1981.
(16) Revisions to regulation 19-508-4 (source monitoring
requirements) and regulation 19-508-5 (stack emissions testing)
submitted on November 7, 1977, by the Commissioner of the Connecticut
Department of Environmental Protection.
(17) A revision to Regulation 19-508-19(a)(2)(i), submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on June 23, 1981, granting a temporary variance to Uniroyal Chemical,
Division of Uniroyal, Inc.
[[Page 273]]
(18) Revisions to Regulation 19-508-19 (Control of Sulfur Compound
Emissions), Regulation 19-508-24 (Connecticut Primary and Secondary
Standards), and accompanying narrative submitted by the Commissioner of
the Connecticut Department of Environmental Protection on October 23,
1981, and November 4, 1981.
(19) Revisions submitted by the Commissioner of the Connecticut
Department of Environmental Protection on November 16, 1981. These
provisions supersede portions of the revisions identified under
paragraph (c)(18).
(20) Revisions to meet the requirements of part D and certain other
sections of the Clean Air Act, as amended, were submitted on December
15, 1980, May 29, 1981, and May 5, 1982. Included are changes to the
State Ozone Control Plan involving adoption of Regulation 19-508-20(k)
controlling the use of cutback asphalt, the approval of the RFP
demonstration for ozone attainment, a refined inventory of miscellaneous
stationary sources of Volatile Organic Compounds, changes to Regulation
19-508-3(1) dealing with review of new and modified stationary sources,
and an amendment to the State's Smoke and Opacity monitoring
requirements.
(21) [Reserved]
(22) Revisions to the narrative and State Regulation 19-508-18,
subparts (d), f(1), f(2), and part of f(3), governing total suspended
particulate emissions, submitted by the Commissioner of the Connecticut
Department of Environmental Protection on April 8, 1982.
(23) Regulation 19-508-20(cc), Alternative Emission Reductions as it
applies to Regulation 19-508-20: (m), can coating; (n), coil coating;
(o), fabric and vinyl coating; (p), metal furniture coating; (q), paper
coating; (r), wire coating; (s), miscellaneous metal parts; (t),
manufacture of synthesized pharmaceutical products and (v), graphic
arts--rotogravure and flexography, was submitted on December 15, 1980,
and January 11, 1982, by the Commissioner of the Department of
Environmental Protection.
(24) Revision for Sikorsky Aircraft Division of United Technologies
received from the Commissioner of the Connecticut Department of
Environmental Protection on June 2 and July 16, 1982. This provision
supersedes a portion of the revisions identified under (c)(18).
(25) Revisions to meet ozone attainment requirements of Part D
(Group II CTG regulations), the adoption of a lead standard and the
revision of the ozone standard, submitted on December 15, 1980, are
approved as follows: Regulations 19-508-20 (s), (t), (v), (w), (aa),
(bb), and (dd), Regulation 19-508-8 and Regulation 19-508-24(i)(l).
(26) Revision for Dow Chemical U.S.A. in Gale's Ferry submitted by
the Commissioner of the Connecticut Department of Environmental
Protection on December 20, 1982, including state order 7002B signed on
May 27, 1982. This provision supersedes a portion of the revisions
identified under paragraph (c)(18).
(27) Revision for Lydall and Foulds Division of Lydall, Inc.,
submitted by the Commissioner of the Connecticut Department of
Environmental Protection on December 17, 1982, and January 5, 1983,
allowing the facility to burn higher sulfur oil under the State Energy
Trade Program.
(28) Revision for Simkins Industries, Inc., in New Haven submitted
by the Commissioner of the Connecticut Department of Environmental
Protection on January 19, 1983, allowing the facility to burn higher
sulfur oil under the Sulfur Energy Trade Program.
(29) Attainment plan revisions to meet the requirements of Part D
for ozone were submitted by the Department of Environmental Protection
on December 10, 1982, and May 19, 1983. These revisions control volatile
organic compound (VOC) emissions from solvent metal cleaners through
emission limitations contained in Regulation 19-508-20(1) and supporting
narrative committing the DEP to implement an educational program for
automobile repair facilities. Approval of these revisions allowed EPA to
rescind the moratorium on construction and modification of major sources
of VOCs which had been in effect since October 1982.
(30) Revision for Loomis Institute in Windsor, submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on March
[[Page 274]]
30 and July 13, 1983, allowing the facility to burn 2.0 percent sulfur
oil under the Sulfur Energy Trade Program.
(31) Revisions demonstrating the attainment and maintenance of the
lead standard were submitted on October 18, 1983.
(32) Attainment plan revisions to meet the requirements of part D
for ozone and carbon monoxide were submitted by the Department of
Environmental Protection on December 10, 1982, January 7, 1983, January
21, 1983, May 19, 1983, June 15, 1983, September 19, 1983, and December
15, 1983. The revisions control volatile organic compound (VOC) and
carbon monoxide emissions through a mix of stationary and mobile source
controls. EPA approval includes the following regulatory provisions:
(i) Regulation 22a-174-20(ee) limiting emissions from major nonCTG
source categories, and
(ii) Regulations 22a-174-27 and 14-164c describing the requirements
for Connecticut's motor vehicle Inspection and Maintenance Program.
(33) Revision to Regulation 19-508-20(cc), ``Alternative Emission
Reductions'' [made part of the SIP under paragraph (c)(23) of this
section] to add Regulation 19-508-20(ee) to the list of VOC regulations
that may be met by bubbling under Connecticut's generic rule after
source-specific RACT determinations have been made part of the SIP.
Revisions requiring sources subject to Regulation 19-508-20(ee) to
comply with 19-508-20 (aa), (bb), and (dd). These revisions were
submitted by the Connecticut Department of Environmental Protection on
September 20, 1983.
(34) Revisions to the Ozone Attainment Plan were submitted by the
Commissioner of the Connecticut Department of Environmental Protection
on April 22, 1985.
(i) Incorporation by reference.
(A) Amendments to Regulation 22a-174-1, Definitions; Regulation 22a-
174-20(a), Storage of Volatile Organic Compounds; Regulation 22a-174-
20(b), Loading of Gasoline and Other Volatile Organic Compounds; and
Regulation 22a-174-20(k), Restrictions on Cutback Asphalt, effective
December 17, 1984.
(ii) Additional material.
(A) Source Test Guidelines and Procedures.
(B) Workshop Manual for Gasoline Tank Truck Certification.
(C) Appendix B of Control of Volatile Organic Compound Leaks from
Gasoline Tank Trucks and Vapor Collection Systems (EPA-450/2-78-051).
(35) Revisions to the State Implementation Plan were submitted
December 15, 1980, and May 16, 1985, by the Commissioner of the
Department of Environmental Protection.
(i) Incorporation by reference.
(A) Amendments to Department of Environmental Protection Regulation
19-508-24(a)(4), ``Acceptable Method'' adopted by the State on October
8, 1980.
(ii) Additional material.
(A) A letter dated May 16, 1985, certifying that an ``Acceptable
Method'' shall be interpreted to mean that any monitoring method used to
collect ambient air pollution data used for attainment status evaluation
or designation must be approved by EPA.
(36) Revision to the State Implementation Plan submitted on April
18, 1986, by the Commissioner of the Department of Environmental
Protection.
(i) Incorporated by reference:
(A) State Order No. 943 for Connecticut Charcoal Co., effective
April 18, 1986, establishing and requiring reasonably available control
technology for the control of volatile organic compounds from this
facility.
(37) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on April 18, 1986,
and February 3, 1987.
(i) Incorporation by reference.
(A) State Order No. 944 for King Industries, Inc. dated April 18,
1986, which establishes and requires reasonably available control
technology for the control of volatile organic compounds from this
facility.
(B) A letter from the Connecticut Department of Environmental
Protection dated February 3, 1987, which states that the effective date
of State Order No. 944 is May 28, 1986.
(38) Revisions to the State Implementation Plan were submitted by
the Connecticut Department of Environmental Protection (DEP) on April
14, 1987.
(i) Incorporation by reference.
[[Page 275]]
(A) Letter dated April 14, 1987, from the Connecticut Department of
Environmental Protection submitting revisions to the State
Implementation Plan for EPA approval.
(B) Letter dated April 1, 1987, from the Secretary of State of
Connecticut to EPA.
(C) Section 22a-174-20(x) of Connecticut's Regulations for the
Abatement of Air Pollution titled, ``Control of Volatile Organic
Compound Leaks from Synthetic Organic Chemical & Polymer Manufacturing
Equipment,'' effective April 1, 1987.
(D) Section 22a-174-20(y) of Connecticut's Regulations for the
Abatement of Air Pollution titled, ``Manufacture of Polystyrene
Resins,'' effective April 1, 1987.
(E) Amendments to subsection 22a-174-20(bb) of Connecticut's
Regulations for the Abatement of Air Pollution titled, ``Compliance
Methods,'' effective April 1, 1987.
(ii) Additional material.
(A) Letter from the Connecticut DEP dated July 3, 1986, committing
the Connecticut DEP to use only EPA approved test methods when requiring
the testing of sources emitting volatile organic compound emissions.
(B) Letter from the Connecticut DEP dated May 29, 1987, certifying
that there are no polypropylene or high-density polyethylene
manufacturers in the State of Connecticut.
(39) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on August 24, 1987.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated August 24, 1987, submitting a revision to the
Connecticut State Implementation Plan.
(B) State Order No. 8007 for Belding Corticelli Thread Company dated
July 13, 1987.
(40) [Reserved]
(41) Revision to the Connecticut State Implementation Plan submitted
by the Commissioner of the Department of Environmental Protection on
February 3, 1987.
(i) Incorporation by reference.
(A) A letter from the Connecticut Department of Environmental
Protection dated February 3, 1987, which states that the effective date
of State Order No. 943, approved previously, for Connecticut Charcoal
Co. is May 28, 1986.
(42) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on October 27, 1987.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated October 27, 1987, submitting a revision to the
Connecticut State Implementation Plan.
(B) State Order No. 8013 and attached Compliance Timetable for
Raymark Industries, Incorporated in Stratford, Connecticut effective on
September 24, 1987.
(ii) Additional material.
(A) Technical Support Document prepared by the Connecticut
Department of Environmental Protection providing a complete description
of the reasonably available control technology determination imposed on
the facility.
(43) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 5, 1988.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated February 5, 1988,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8012 and attached Compliance Timetable, Appendix
A (allowable limits on small, uncontrolled vents), and Appendix B
(fugitive leak detection program) for American Cyanamid Company in
Wallingford, Connecticut. State Order No. 8012 was effective on January
6, 1988.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonably available control technology
determination imposed on the facility.
(44) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on August 31, 1987.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection
[[Page 276]]
dated August 31, 1987, submitting a revision to the Connecticut State
Implementation Plan.
(B) State Order No. 8008 and attached Compliance Timetable and
Appendix A (allowable limits by product classification) for Spongex
International, Ltd. in Shelton, Connecticut. State Order No. 8008 was
effective on August 21, 1987.
(ii) Additional materials.
(A) Technical Support Document prepared by the Connecticut
Department of Environmental Protection providing a complete description
of the reasonably available control technology determination imposed on
the facility.
(45) [Reserved]
(46) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on July 26, 1988.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated July 26, 1988, submitting a revision to the Connecticut
State Implementation Plan.
(B) State Order No. 8023 and attached Compliance Timetable for New
Departure Hyatt, Division of General Motors Corporation in Bristol,
Connecticut. State Order No. 8023 was effective on July 8, 1988.
(ii) Additional material.
(A) Technical Support Document prepared by the Connecticut
Department of Environmental Protection providing a complete description
of the reasonably available control technology determination imposed on
the facility.
(47) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 5, 1987.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated November 5, 1987,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8001 and attached Compliance Timetable for
Frismar, Incorporated in Clinton, Connecticut. State Order No. 8001 was
effective on October 20, 1987.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the alternative reasonably available control
technology determination imposed on the facility.
(48) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 5, 1988.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated December 5, 1988,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8011 and attached Compliance Timetable and
Appendix A (allowable limits by product classification) for Dow
Chemical, U.S.A. in Gales Ferry, Connecticut. State Order No. 8011 was
effective on October 27, 1988.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonable available control technology
determination imposed on the facility.
(49) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 11, 1989.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated January 11, 1989, submitting a revision to the
Connecticut State Implementation Plan.
(B) State Order No. 8010 and attached Compliance Timetable for
Stanadyne, Incorporated in Windsor, Connecticut. State Order No. 8018
was effective on January 3, 1989.
(ii) Additional material.
(A) Technical Support Document prepared by the Connecticut
Department of Environmental Protection providing a complete description
of the reasonably available control technology determination imposed on
the facility.
(50) Revisions to federally approved section 22a-174-20(a) of the
Regulations of Connecticut State Agencies, submitted on January 27,
1989, by the Department of Environmental Protection, 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 Connecticut may
[[Page 277]]
grant. In 1989, the control period will begin on June 30.
(51) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection (DEP) on April 7,
1989.
(i) Incorporation by reference.
(A) Letter from the Connecticut DEP dated April 7, 1989, submitting
a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8014 and attached Compliance Timetable for Pratt
& Whitney Division of United Technologies Corporation in East Hartford,
Connecticut. State Order No. 8014 was effective on March 22, 1989.
(C) State Order No. 8027 and attached Compliance Timetable for Pratt
& Whitney Division of United Technologies Corporation in North Haven,
Connecticut. State Order No. 8027 was effective on March 31, 1989.
(ii) Additional material.
(A) Technical Support Document prepared by the Connecticut DEP
providing a complete description of the reasonably available control
technology determination imposed on Pratt and Whitney's East Hartford
facility.
(B) Technical Support Document prepared by the Connecticut DEP
providing a complete description of the reasonably available control
technology determination imposed on Pratt and Whitney's North Haven
facility.
(52) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 7 and
August 30, 1989.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated February 7, 1989, submitting a revision to the
Connecticut State Implementation Plan.
(B) State Order No. 8021 and attached Compliance Timetable, and
Appendix A (allowable limits on small, uncontrolled vents and allowable
outlet gas temperatures for surface condensers) for Pfizer, Incorporated
in Groton, Connecticut. State Order No. 8021, Compliance Timetable and
Appendix A were effective on December 2, 1988.
(C) Letter from the Connecticut Department of Environmental
Protection dated August 30, 1989, and reorganized Appendix C (fugitive
leak detection program) and Appendix D (operation and maintenance
program for pollution abatement equipment) to State Order No. 8021.
Appendices C and D were effective on December 2, 1988.
(ii) Additional material.
(A) Technical Support Document prepared by the Connecticut
Department of Environmental Protection providing a complete description
of the reasonably available control technology determination imposed on
the facility.
(53) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on September 8, 1989.
(i) Incorporation by reference. (A) Letter from the Connecticut
Department of Environmental Protection dated September 8, 1989,
submitting a revision to the Connecticut State Implementation Plan.
(B) State Order No. 8009 and attached Compliance Timetable, Appendix
A, Appendix B, and Appendix C for Uniroyal Chemical Company, Inc. in
Naugatuck, Connecticut. State Order No. 8009 was effective on September
5, 1989.
(ii) Additional material. (A) Technical Support Document prepared by
the Connecticut Department of Environmental Protection providing a
complete description of the reasonably available control technology
determination imposed on the facility.
(54) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 22, 1989.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated December 22, 1989, submitting a revision to the
Connecticut State Implementation Plan.
(B) State Order No. 8029, attached Compliance Timetable, and Tables
A through I for Hamilton Standard Division of United Technologies
Corporation in Windsor Locks, Connecticut. State Order No. 8029 was
effective on November 29, 1989.
(ii) Additional material.
(A) Technical Support Document prepared by the Connecticut DEP
providing a complete description of the
[[Page 278]]
reasonably available control technology determination imposed on
Hamilton Standard.
(55) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 10, 1990.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated January 10, 1990, submitting a revision to the
Connecticut State Implementation Plan.
(B) State Order No. 8032 and attached Compliance Timetable for the
Heminway & Bartlett Manufacturing Company in Watertown, Connecticut.
State Order No. 8032 was effective on November 29, 1989.
(ii) Additional material.
(A) Technical Support Document prepared by the Connecticut DEP
providing a complete description of the reasonably available control
technology determination imposed on The Heminway & Bartlett
Manufacturing Company.
(56) Revisions of the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 19, 1989,
July 28, 1989, and January 26, 1990 (with attached letter of November
28, 1989).
(i) Incorporation by reference.
(A) Letters from the Connecticut Department of Environmental
Protection dated January 19, 1989, July 28, 1989, and January 26, 1990,
(with attached letter of November 28, 1989) submitting revisions to the
Connecticut State Implementation Plan.
(B) Section 22a-174-1 of the Regulations of the Connecticut State
Agencies Concerning Abatement of Air Pollution entitled ``Definitions,''
effective in the State of Connecticut on October 3, 1989.
(C) Subsection 22a-174-3(k) of the Regulations of the Connecticut
State Agencies Concerning Abatement of Air Pollution entitled
``Requirements for the Prevention of Significant Deterioration (PSD)
Program,'' effective in the State of Connecticut on October 3, 1989.
(D) Section 22a-174-2, subsections 22a-174-3(a) through (j) and (l),
subsection 22a-174-8(c), subsection 22a-174-20(ee), and subsection 22a-
174-4(d) of the Regulations of the Connecticut State Agencies Concerning
Abatement of Air Pollution entitled ``Permits to Construct and Permits
to Operate Stationary Sources or Modifications,'' effective in the State
of Connecticut on February 1, 1989.
(E) Connecticut's Ambient Impact Analysis Guideline dated July 1989
as revised by letter on January 26, 1990.
(ii) Additional materials.
(A) State Implementation Plan narrative entitled ``New Source
Review.''
(B) Letter from the Connecticut Department of Environmental
Protection regarding implementation of BACT.
(C) Nonregulatory portions of the State Submittal.
(57) [Reserved]
(58) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 9, 1989,
and September 12, 1991.
(i) Incorporation by reference. (A) Letters from the Connecticut
Department of Environmental Protection dated November 9, 1989, and
September 12, 1991, submitting revisions to the Connecticut State
Implementation Plan.
(B) Section 22a-174-20 of the Regulations of the Connecticut
Department of Environmental Protection Concerning Abatement of Air
Pollution, effective October 31, 1989, except for the last sentence of
22a-174-20(aa)(7).
(59) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on March 24 and April
23, 1992.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated April 14, 1992, submitting a revision to the
Connecticut State Implementation Plan.
(B) State Order No. 1073B and attached compliance timetable for the
Stone Connecticut Paperboard Corporation of Uncasville, CT. State Order
No. 1073B was effective on February 14, 1992.
(C) Letter from the Connecticut Department of Environmental
Protection dated March 24, 1992, submitting a revision to the
Connecticut State Implementation Plan.
[[Page 279]]
(D) State Order No. 7016A and attached compliance timetable for the
Hartford Hospital of Hartford, CT. State Order No. 7016A was effective
on February 5, 1992.
(ii) Additional materials.
(A) Memorandum dated August 17, 1989, approving the modeling
analysis for the Stone Container Co.
(B) Modeling Study dated August 9, 1989, for the Stone Container Co.
(C) State Order No 1073A, dated June 12, 1990, and effective July 9,
1990.
(D) Memorandum dated January 3, 1990, approving the modeling
analysis for the Hartford Hospital.
(E) Modeling study dated December 28, 1989, for the Hartford
Hospital.
(60) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 16, 1996.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated February 16, 1996, submitting a revision to the
Connecticut State Implementation Plan.
(B) State Order No. 8010 dated October 25, 1989 for Sikorsky
Aircraft Corporation, effective on January 29, 1990, as well as Addendum
A and Addendum B to Order No. 8010, effective on February 7, 1996 and
September 29, 1995, respectively. The State order and two addenda define
and impose RACT on certain VOC emissions at Sikorsky Aircraft
Corporation in Stratford, Connecticut
(61) Revisions to the State Implemetation Plan submitted by the
Connecticut Department of Environmental Protection on February 28, 1991.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated February 28, 1991, submitting a revision to the
Connecticut State Implementation Plan.
(B) State Order No. 7017 and attached compliance timetable for the
Connecticut Light and Power Company of Montville, Connecticut. State
Order No. 7017 was effective on February 25, 1991.
(ii) Additional materials.
(A) Memorandum dated September 14, 1990, approving the modeling
analysis for Connecticut Light and Power.
(B) Letter dated April 23, 1991, confirming that the revised
configuration approved by State Order No. 7017 will not lead to
violations.
(C) Modeling Study dated January 26, 1990, for Connecticut Light and
Power.
(62) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 12, 1993.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection, dated January 12, 1993, submitting a revision to the
Connecticut State Implementation Plan.
(B) Section 22a-174-30 of the Connecticut Regulations for the
Abatement of Air Pollution, entitled ``Dispensing of Gasoline/Stage II
Vapor Recovery,'' dated November 1992.
(C) Letter from the Connecticut Secretary of State's office
indicating that the regulation entitled ``Dispensing of Gasoline/Stage
II Vapor Recovery'' became effective on November 24, 1992.
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(B) Connecticut Department of Environmental Protection document
entitled ``Narrative of SIP Revision: Stage II Vapor Recovery,'' dated
January 1993.
(63) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on March 11, 1993.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated March 11, 1993, submitting a revision to the
Connecticut State Implementation Plan.
(B) Connecticut State Order No 7019 dated March 11, 1993, and
effective in the State of Connecticut on February 19, 1993.
(ii) Additional materials.
(A) Air Quality Modeling Analysis to Demonstrate SO2
CAAQS/NAAQS Compliance at the Hamilton Standard Division of United
Technologies Corporation Windsor Locks CT; June 1991.
(64) [Reserved]
(65) Revisions to the State Implementation Plan establishing a Small
Business Stationary Source Technical and Environmental Compliance
Assistance
[[Page 280]]
Program were submitted by the Connecticut Department of Environmental
Protection on January 12 and August 9, 1993.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated January 12, 1993, submitting a revision to the
Connecticut State Implementation Plan.
(B) Revisions to the State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program dated January 1993 and effective on January 12, 1993.
(C) Letter from the Connecticut Department of Environmental
Protection dated August 9, 1993, clarifying and updating the January 12,
1993, submittal.
(ii) Additional materials.
(A) Letter from the Connecticut Department of Environmental
Protection dated April 6, 1994, clarifying the January 12, 1993,
submittal.
(B) Other non-regulatory portions of the State's submittal.
(66) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 12, 1993.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated January 12, 1993 submitting a revision to the
Connecticut State Implementation Plan.
(B) Section 22a-174-4(c)(1) of Connecticut Regulations for the
Abatement of Air Pollution, under the section entitled ``Recordkeeping
and Reporting.'' Section 22a-174-4(c)(1) was previously numbered as 19-
508-4(c)(1) in Connecticut's SIP. 19-508-4(c)(1) in Connecticut's SIP.
19-508-4 became effective in the State of Connecticut on October 31,
1977. Connecticut developed an emission statement program using the
existing regulatory authority given by section 22a-174-4(c)(1) under the
section entitled ``Reporting and Recordkeeping''.
(ii) Additional information.
(A) State implementation Plan narrative entitled ``Revision to State
Implementation Plan for Air Quality Emission Statements'' which
addresses emission statement requirements not discussed specifically in
Section 22a-174-4(c)(1).
(B) Nonregulatory portions of the submittal.
(67) [Reserved]
(68) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on March 24, 1994,
May 20, 1994, and March 4, 1994.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated March 24, 1994 submitting a revision to the Connecticut
State Implementation Plan.
(B) Letter from the Connecticut Department of Environmental
Protection dated May 20, 1994 submitting a supplemental revision to the
Connecticut State Implementation Plan.
(C) State Order No. 8073: State of Connecticut vs. City of New Haven
(effective September 24, 1993) and attached plan titled ``Remedial
Action Plan for Prevention of Airborne Particulate Matter and Fugitive
Discharge of Visible Emissions in the Alabama Street/East Shore Parkway
Area of New Haven.''
(D) State Order No. 8074: State of Connecticut vs. Waterfront
Enterprises, Inc. (effective November 5, 1993) and attached plan titled
``Proposed Operation Plan in Response to Unilateral Order (September 20,
1993).''
(E) State Order No. 8075: State of Connecticut vs. Laydon
Construction, (effective September 21, 1993) and attached plan titled
``Plan for Control of Fugitive Emissions of PM10 (September 21, 1993).''
(F) State Order No. 8076: State of Connecticut vs. United
Illuminating Company (effective December 2, 1993) and attached plan
titled ``Remediation Plan for Fugitive Emissions: Alabama Street and
Connecticut Avenue, New Haven, Connecticut (November 19, 1993).''
(G) State Order No. 8076c: State of Connecticut vs. M. J. Metals,
Inc. (effective June 18, 1993).
(H) State Order No. 8078: State of Connecticut vs. New Haven
Terminal, Inc. (effective November 15, 1993) and attached plan titled
``Fugitive Dust Control Plan (Revised January 19, 1994).''
[[Page 281]]
(I) State Order No. 8079: State of Connecticut vs. Yankee Gas
Services Company (effective September 24, 1993) and attached plan titled
``Revised Compliance Plan for Consent Order No. 8079 (August 31,
1993).''
(J) Letter from the Connecticut Department of Environmental
Protection dated March 4, 1994 (received March 16, 1995) submitting two
amendments to the Regulations of Connecticut State Agencies concerning
abatement of air pollution: amended Sections 22a-174-24(f) and -24(g)
``Connecticut primary and secondary ambient air quality standards for
particulate matter'' and amended Sections 22a-174-6(a) and -6(b) `` `Air
Pollution' emergency episode procedures'' (both effective July 7, 1993).
(K) Amended Regulations of Connecticut State Agencies: amended
Sections 22a-174-24(f) and -24(g) ``Connecticut primary and secondary
ambient air quality standards for particulate matter'' and amended
Sections 22a-174-6(a) and -6(b) `` `Air Pollution' emergency episode
procedures'' (both effective July 7, 1993).
(ii) Additional materials.
(A) An attainment plan and demonstration which outlines
Connecticut's control strategy and for attainment and maintenance of the
PM10 NAAQS, implements and meets RACM and RACT requirements, and
provides contingency measures for New Haven.
(B) Nonregulatory portions of the submittal.
(69) Connecticut submitted the Oxygenated Gasoline Program and
revisions on January 11, 1993, January 12, 1993, January 14, 1993, and
August 1, 1995. This submittal satisfied the requirements of section
211(m) of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Letters dated January 11, 1993 and January 12, 1993 which
included the oxygenated gasoline program, Regulations of Connecticut
State Agencies (RCSA) Section 22a-174-28, with an effective date of
November 2, 1992.
(B) A letter dated January 14, 1993 requesting that the RCSA Section
22a-174-28, as submitted on January 11, 1993 and January 12, 1993, be
adopted as part of Connecticut's SIP.
(C) A letter dated August 1, 1995, requesting that a revision to
RCSA Section 22a-174-28(a), with an effective date of July 26, 1995, be
approved and adopted as part of Connecticut's SIP.
(ii) Additional materials.
(A) The Technical Support Document for the Redesignation of the
Hartford Area as Attainment for Carbon Monoxide submitted on September
30, 1994.
(B) Nonregulatory portions of submittals.
(70) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 13, 1995.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated January 13, 1995 submitting a revision to the
Connecticut State Implementation Plan.
(B) Amended Regulation of Connecticut State Agencies: amended
Subsection 22a-174-3(k) ``Abatement of air pollution--New Source
Review'' (effective December 2, 1994).
(ii) Additional materials.
(A) Nonregulatory portions of the submittal.
(71) Revisions to the Connecticut State Implementation Plan (SIP)
for carbon monoxide concerning the control of carbon monoxide from
mobile sources, dated January 12, 1993, January 14, 1993, April 7, 1994,
and August 1, 1995 submitted by the Connecticut Department of
Environmental Protection (CT DEP).
(i) Incorporation by reference.
(A) Letter dated August 1, 1995 which included the amendments and
revisions to the Regulation of Connecticut State Agencies (RCSA),
Section 22a-174-28(a) regarding the definition for the Southwestern
Control Area and that portion of the definition of ``control period''
that applies to the Southwestern Control Area with an effective date of
July 26, 1995.
(ii) Additional materials.
(A) January 12, 1993 and April 7, 1994, VMT forecasts beginning with
the year 1993 and including all subsequent years up to the year of
attainment (1995).
(B) January 12, 1993 and April 7, 1994, Carbon Monoxide Attainment
Demonstration and Contingency Measures.
[[Page 282]]
(72) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on: May 18, 1995;
August 21, 1995; January 17, 1996; January 30, 1996; January 30, 1996;
January 30, 1996; January 30, 1996; June 17, 1996; June 20, 1996; June
24, 1996; July 9, 1996; July 11, 1996; February 18, 1997; March 20,
1997; March 24, 1997; March 24, 1997; March 24, 1997; March 24, 1997;
March 24, 1997; April 22, 1997; April 22, 1997; May 19, 1997; May 19,
1997; and May 20, 1997.
(i) Incorporation by reference.
(A) Twenty-four letters from the Connecticut Department of
Environmental Protection dated: May 18, 1995; August 21, 1995; January
17, 1996; June 24, 1996; January 30, 1996; January 30, 1996; January 30,
1996; January 30, 1996; June 20, 1996; June 17, 1996; July 11, 1996;
July 9, 1996; March 24, 1997; May 19, 1997; March 24, 1997; March 20,
1997; March 24, 1997; February 18, 1997; May 19, 1997; March 24, 1997;
March 24, 1997; May 20, 1997; April 22, 1997; and April 22, 1997;
submitting revisions to the Connecticut State Implementation Plan.
(B) Connecticut Trading Agreement and Order no. 8092 issued to
United Illuminating Company's Station 3 in Bridgeport, effective on May
18, 1995.
(C) Connecticut Trading Agreement and No. 8095 issued to American
Ref-Fuel Company of Southeastern Connecticut in Preston, effective on
June 2, 1995.
(D) Connecticut Trading Agreement and Order no. 8093 issued to
Pfizer, Inc., in Groton, effective on July 19, 1995.
(E) Connecticut Trading Agreement and Order no. 8096 issued to Food
Ingredients Company in New Milford, effective on August 25, 1995.
(F) Connecticut Trading Agreement and Order no. 8106 issued to
Connecticut Light and Power Company in Middletown, effective on October
10, 1995.
(G) Connecticut Trading Agreement and Order no. 8107 issued to
Northeast Nuclear Energy Company in Waterford, effective on October 13,
1995.
(H) Connecticut Trading Agreement and Order no. 8105 issued to
Electric Boat Division of General Dynamics in Groton, effective on
October 31, 1995.
(I) Connecticut Trading Agreement and Order no. 8100 issued to
Bridgeport RESCO Company in Bridgeport, effective on November 2, 1995.
(J) Connecticut Trading Agreement and Order no. 8102 issued to
United Illuminating's auxiliary boiler in New Haven, effective on
December 15, 1995.
(K) Connecticut Trading Agreement and Order no. 8103 issued to
United Illuminating Company's Station 4 in New Haven, effective on
February 14, 1996.
(L) Connecticut Trading Agreement and Order no. 8119 issued to the
City of Norwich, Department of Public Utilities, effective on March 4,
1996.
(M) Connecticut Trading Agreement and Order no. 8118 issued to South
Norwalk Electric Works, South Norwalk, effective on March 19, 1996.
(N) Connecticut Trading Agreement and Order no. 8101 issued to the
State of Connecticut Department of Mental Health and Addiction Services,
effective on July 16, 1996.
(O) Connecticut Trading Agreement and Order no. 8110 issued to Yale
University, effective on July 29, 1996.
(P) Connecticut Trading Agreement and Order no. 8132 issued to
Bridgeport Hospital, effective on September 10, 1996.
(Q) Connecticut Trading Agreement and Order no. 1494 issued to
Connecticut Light and Power, involving Branford, Cos Cob, Devon,
Franklin Drive, Montville, Middletown, South Meadow, Torrington, Tunnel
Road, and Norwalk Harbor Stations, effective on October 15, 1996.
(R) Connecticut Trading Agreement and Order no. 8130 issued to the
State of Connecticut Department of Public Works, effective on October
18, 1996.
(S) Connecticut Trading Agreement and Order no. 8115 issued to the
University of Connecticut in Storrs, effective on November 19, 1996.
(T) Connecticut Trading Agreement and Order no. 8113 issued to
Simkins Industries, effective on November 19, 1996.
(U) Connecticut Trading Agreement and Order no. 8135 issued to
Bridgeport Hydraulic Company, effective on December 24, 1996.
(V) Connecticut Trading Agreement and Order no. 8141 issued to the
Town of Wallingford Department of Public
[[Page 283]]
Utilities, effective on December 27, 1996.
(W) Regulations 22a-174-22 ``Control of Nitrogen Oxides Emissions,''
adopted on January 23, 1997, which establishes reasonably available
control technology requirements for major stationary sources of nitrogen
oxides.
(X) Connecticut Trading Agreement and Order no. 8123 issued to the
Algonquin Gas Transmission Company, effective on April 18, 1997.
(Y) Connecticut Trading Agreement and Order no. 8116 issued to the
Connecticut Resource Recovery Authority, effective on April 22, 1997.
(ii) Additional materials.
(A) Letter, dated June 18, 1996, from Carmine DiBattista, Chief of
the Bureau of Air Management for the Connecticut DEP, to Susan Studlien,
Deputy Director of the Office of Ecosystem Protection at U.S. EPA,
Region I.
(B) SIP narrative materials, dated May 1995, submitted with
Connecticut Trading Agreement and Order no. 8092 for United Illuminating
Company's Station 3 in New Haven.
(C) SIP narrative materials, dated August 3, 1995, submitted with
Connecticut Trading Agreement and Order no. 8095 for American Ref-Fuel
Company of Southeastern Connecticut in Preston.
(D) SIP narrative materials, dated December 1995, submitted with
Connecticut Trading Agreement and Order no. 8093 issued to Pfizer, Inc.,
in Groton.
(E) SIP narrative materials, dated November 1995, submitted with
Connecticut Trading Agreement and Order no. 8096 issued to Food
Ingredients Company in New Milford.
(F) SIP narrative materials, dated November 1995, submitted with
Connecticut Trading Agreement and Order no. 8106 issued to Connecticut
Light and Power Company in Middletown.
(G) SIP narrative materials, dated November 1995, submitted with
Connecticut Trading Agreement and Order no. 8107 issued to Northeast
Nuclear Energy Company in Waterford.
(H) SIP narrative materials, dated October 6, 1995, submitted with
Connecticut Trading Agreement and Order no. 8105 issued to Electric Boat
Division of General Dynamics in Groton.
(I) SIP narrative materials, dated September 29, 1995, submitted
with Connecticut Trading Agreement and Order no. 8100 issued to
Bridgeport RESCO Company in Bridgeport.
(J) SIP narrative materials, dated December 1995, submitted with
Connecticut Trading Agreement and Order no. 8102 issued to United
Illuminating's auxiliary boiler in New Haven.
(K) SIP narrative materials, dated March 1996, submitted with
Connecticut Trading Agreement and Order no. 8103 issued to United
Illuminating Company's Station 4 in Bridgeport.
(L) SIP narrative materials, dated May 31, 1995, submitted with
Connecticut Trading Agreement and Order no. 8119 issued to the City of
Norwich, Department of Public Utilities.
(M) SIP narrative materials, dated May 31, 1995, submitted with
Connecticut Trading Agreement and Order no. 8118 issued to South Norwalk
Electric Works, South Norwalk.
(N) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8101 issued to the State of
Connecticut Department of Mental Health and Addiction Services.
(O) SIP narrative materials, dated May 1997, submitted with
Connecticut Trading Agreement and Order no. 8110 issued to Yale
University.
(P) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8132 issued to Bridgeport
Hospital.
(Q) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 1494 issued to Connecticut
Light and Power, involving Branford, Cos Cob, Devon, Franklin Drive,
Montville, Middletown, South Meadow, Torrington, Tunnel Road, and
Norwalk Harbor Stations.
(R) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8130 issued to the State of
Connecticut Department of Public Works.
(S) SIP narrative materials, dated February 1996, submitted with
Connecticut Trading Agreement and Order no. 8115 issued to the
University of Connecticut in Storrs.
[[Page 284]]
(T) SIP narrative materials, dated May 1997, submitted with
Connecticut Trading Agreement and Order no. 8113 issued to Simkins
Industries.
(U) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8135 issued to Bridgeport
Hydraulic Company.
(V) SIP narrative materials, dated March 1997, submitted with
Connecticut Trading Agreement and Order no. 8141 issued to the Town of
Wallingford Department of Public Utilities.
(W) SIP narrative materials, dated April 1997, submitted with
Connecticut Trading Agreement and Order no. 8123 issued to the Algonquin
Gas Transmission Company.
(X) SIP narrative materials, dated April 1997, submitted with
Connecticut Trading Agreement and Order no. 8116 issued to the
Connecticut Resource Recovery Authority.
(73) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on June 3, 1996.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated June 3, 1996, submitting a revision to the Connecticut
State Implementation Plan.
(B) State Order No. 8036, dated May 6, 1996, for Risdon Corporation,
effective on that date. The State order define and impose alternative
RACT on certain VOC emissions at Risdon Corporation in Danbury,
Connecticut.
(74) A revision to the Connecticut SIP regarding ozone monitoring.
Connecticut will modify its SLAMS and its NAMS monitoring systems to
include a PAMS network design and establish monitoring sites.
Connecticut's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.
(i) Incorporation by reference.
(A) PAMS SIP Commitment Narrative, 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 Connecticut Department of Environmental
Protection dated March 2, 1995 submitting a revision to the Connecticut
State Implementation Plan.
(75) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 5, 1994.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated January 5, 1994 submitting a revision to the
Connecticut State Implementation Plan.
(B) Regulations sections 22a-174-20(s), ``Miscellaneous Metal Parts
and Products,'' sections 22a-174-20(v), ``Graphic Arts Rotogravures and
Flexography,'' sections 22a-174-20(ee), ``Reasonably Available Control
Technology for Large Sources,'' adopted and effective on November 18,
1993, which establish reasonably available control technology
requirements for major stationary sources of volatile organic compounds.
(76) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on January 5, 1994.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated January 5, 1994 submitting a revision to the
Connecticut State Implementation Plan.
(B) Regulation section 22a-174-32, ``Reasonably Available Control
Technology for Volatile Organic Compounds,'' adopted and effective on
November 18, 1993, which establishes reasonably available control
technology requirements for major stationary sources of volatile organic
compounds.
(ii) Additional materials.
(A) Letter from Connecticut dated June 27, 1994 clarifying language
in section 22a-174-32(A).
(77) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 30, 1994,
and May 8, 1998. This revision is for the purpose of satisfying the
rate-of-progress requirement of section 182(b) and the contingency
measure requirements of sections 172(c)(9) and 182(c)(9) of the Clean
Air Act, for the Greater Hartford serious ozone nonattainment area, and
the Connecticut portion of the NY-NJ-CT severe ozone nonattainment area.
[[Page 285]]
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated December 30, 1994, submitting a revision to the
Connecticut State Implementation Plan.
(B) Letter from the Connecticut Department of Environmental
Protection dated May 8, 1998, submitting a revision to the Connecticut
State Implementation Plan.
(78) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on June 24, 1998.
(i) Incorporation by reference.
(A) State of Connecticut Regulation of Department of Environmental
Protection Section 22a-174-27, Emission Standards for Periodic Motor
Vehicle Inspection and Maintenance as revised on March 26, 1998.
(B) State of Connecticut Regulation of Department of Motor Vehicles
Concerning Periodic Motor Vehicle Emissions Inspection and Maintenance
Section 14-164c as revised on April 7, 1998.
(ii) Additional Materials.
(A) Letter from the Connecticut Department of Environmental
Protection dated June 24, 1998 submitting a revision to the Connecticut
State Implementation Plan.
(B) Letter from Connecticut Department of Environmental Protection
dated November 13, 1998, submitting a revision to the Connecticut State
Implementation Plan.
(79) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on February 7, 1996
and February 18, 1999.
(i) Incorporation by reference.
(A) Connecticut regulation section 22a-174-36, entitled ``Low
Emission Vehicles'' as dated and effective by determination of the
Secretary of State on December 23, 1994.
(B) Connecticut regulation section 22a-174-36(g), entitled
``Alternative Means of Compliance via the National Low Emission Vehicle
(LEV) Program'' as dated and effective by determination of the Secretary
of State on January 29, 1999.
(ii) Additional material.
(A) Letter from the Connecticut Department of Environmental
Protection dated February 7, 1996 submitting a revision to the
Connecticut State Implementation Plan for the Low Emission Vehicle
program.
(B) Letter from the Connecticut Department of Environmental
Protection dated February 18, 1999 submitting a revision to the
Connecticut State Implementation Plan for the National Low Emission
Vehicle program to be a compliance option under the State's Low Emission
Vehicle Program.
(80) Revision to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on March 26, 1999.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated March 26, 1999, submitting a revision to the
Connecticut State Implementation Plan.
(B) Regulation section 22a-174-22a, ``The Nitrogen Oxides
(NOX) Budget Program'' adopted on December 15, 1998, and
effective on March 3, 1999.
(ii) Additional materials.
(A) Nonregulatory portions of the submittals.
(81) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on May 12, 1994.
(i) Incorporation by reference.
(A) ``Clean Fuel Fleet Substitute Plan,'' prepared by the
Connecticut Department of Environmental Protection, dated May 12, 1994.
(ii) Additional materials.
(A) Letter from the Connecticut Department of Environmental
Protection dated May 12, 1994 submitting a revision to the Connecticut
State Implementation Plan.
(82) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on July 11, 1997,
September 12, 1997, and December 8, 1997.
(i) Incorporation by reference.
(A) Letters from the Connecticut Department of Environmental
Protection dated July 11, 1997, September 12, 1997, and December 8,
1997, submitting revisions to the Connecticut State Implementation Plan.
(B) Trading Agreement and Order Number 8137 issued to AlliedSignal,
Inc., and U.S. Army Tank-Automotive
[[Page 286]]
and Armaments Command in Stratford, effective on November 19, 1996.
(C) Trading Agreement and Order Number 8138 issued to Connecticut
Natural Gas Corporation in Rocky Hill, effective on November 19, 1996.
(D) Trading Agreement and Order Number 8114 issued to Cytec
Industries, Inc., in Wallingford, effective on December 20, 1996.
(E) Modification to Trading Agreement and Order Number 8138 issued
to Connecticut Natural Gas Corporation effective June 25, 1997.
(F) Modification to Trading Agreement and Order Number 8137 issued
to AlliedSignal, Inc., and U.S. Army Tank-Automotive and Armaments
Command in Stratford, effective July 8, 1997.
(G) Trading Agreement and Order Number 8094 issued to Ogden Martin
Systems of Bristol, Inc., in Bristol, effective on July 23, 1997.
(ii) Additional Materials.
(A) Nonregulatory portions of the submittals.
(B) Policy materials concerning the use of emission credits from New
Jersey at Connecticut sources.
(83) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on October 7, 1999 to
discontinue the oxygenated gasoline program in the Connecticut portion
of the New York--N. New Jersey--Long Island Area.
(i) Incorporation by reference.
(A) CTDEP; ``Abatement of Air Pollution: Oxygenated Gasoline,''
State Regulation 22a-174-28.
(ii) Additional materials.
(A) Letter from the Connecticut Department of Environmental
Protection dated October 7, 1999 submitting a revision to the
Connecticut State Implementation Plan.
(84) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on April 15, 1997,
April 20, 1998, and September 2, 1999.
(i) Incorporation by reference.
(A) Section 22a-174-1(97) of the Regulation of the Connecticut State
Agencies, definition of the term ``Volatile organic compound'' or
``VOC,'' effective in the State of Connecticut on December 22, 1997.
(B) Section 22a-174-20(b) of the Regulation of the Connecticut State
Agencies, entitled ``Loading of gasoline and other volatile organic
compounds,'' effective in the State of Connecticut on April 1, 1998.
(C) Section 22a-174-20(l) of the Regulation of the Connecticut State
Agencies, entitled ``Metal cleaning,'' effective in the State of
Connecticut on August 23, 1996.
(D) Section 22a-174-20(s) of the Regulation of the Connecticut State
Agencies, ``Miscellaneous metal parts and products,'' effective in the
State of Connecticut on March 1, 1995.
(E) Section 22a-174-32 of the Regulation of the Connecticut State
Agencies, entitled ``Reasonably Available Control Technology (RACT) for
volatile organic compounds,'' effective in the State of Connecticut on
August 27, 1999.
(ii) Additional materials.
(A) Letters from the Connecticut Department of Environmental
Protection dated April 15, 1997, April 20, 1998, and September 2, 1999
submitting revisions to the Connecticut State Implementation Plan.
(85) [Reserved]
(86) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on September 30,
1999.
(i) Incorporation by reference.
(A) Regulations of Connecticut State Agencies, Section 22a-174-22b,
State of Connecticut Regulation of Department of Environmental
Protection Concerning The Post-2002 Nitrogen Oxides (NOX)
Budget Program, which became effective on September 29, 1999.
(ii) Additional materials.
(A) Letter from Connecticut Department of Environmental Protection
dated September 30, 1999 submitting Regulations of Connecticut State
Agencies, Section 22a-174-22b and associated administrative materials as
a revision to the Connecticut State Implementation Plan.
(B) The SIP narrative ``Connecticut State Implementation Plan
Revision to Implement the NOX SIP Call,'' dated September 30,
1999.
(87) [Reserved]
[[Page 287]]
(88) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on May 19, 2000.
(i) Incorporation by reference.
(A) Connecticut Trading Agreement and Order No. 8177 issued to
Wisvest Bridgeport Harbor's Unit No. 3 in Bridgeport on May 31, 2000.
(B) Connecticut Trading Agreement and Order No. 8187 issued to
Wisvest Bridgeport Harbor's Unit No. 2 on January 12, 2000.
(C) Connecticut Trading Agreement and Order No. 8094, Modification
No. 2, issued to Ogden Martin Systems of Bristol, Inc. on May 22, 2000.
(D) Connecticut Trading Agreement and Order No. 8095, Modification
No. 2, issued to American Ref-Fuel Company of Southeastern Connecticut
in Preston on May 22, 2000.
(E) Connecticut Trading Agreement and Order No. 8100, Modification
No. 2, issued to Bridgeport Resco Company, Limited Partnership in
Bridgeport on May 22, 2000.
(F) Connecticut Trading Agreement and Order No. 8116, Modification
No. 2, issued to the Connecticut Resources Recovery Authority in
Hartford on May 22, 2000.
(G) Connecticut Trading Agreement and Order No. 8178 issued to
Wisvest's New Haven Harbor's auxiliary boiler in New Haven on May 22,
2000.
(H) Connecticut Trading Agreement and Order No. 8179 issued to
Wisvest's Bridgeport Harbor's Unit No. 4 on May 22, 2000.
(I) Connecticut Trading Agreement and Order No. 8176, issued to
Wisvest's New Haven Harbor Station's Unit No. 1 in New Haven on May 31,
2000.
(ii) Additional materials.
(A) Letter from the Connecticut Department of Environmental
Protection dated May 19, 2000, submitting a revision to the Connecticut
State Implementation Plan.
(B) SIP narrative materials, dated December 1999, submitted with
Connecticut Trading Agreement and Order Nos. 8176, 8177, 8178, 8179, and
8187.
(89) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on November 16, 1999.
(i) Incorporation by reference.
(A) Subsection (b) of Section 14-164c-11a of the Regulations of
Connecticut State Agencies Concerning Emissions Repairs Expenditure
Requirement to Receive Waiver, adopted and effective June 24, 1999.
(ii) Additional materials.
(A) Letter from Connecticut Department of Environmental Protection
dated November 19, 1999 submitting a revision to the Connecticut State
Implementation Plan.
(B) Narrative portion of the Revision to State Implementation Plan
for Enhanced Motor Vehicle Inspection and Maintenance Program, dated
October 7, 1999.
[37 FR 10855, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.370, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.371 Classification of regions.
The Connecticut plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
New Jersey-New York-Connecticut Interstate................ I I I I I
Hartford-New Haven-Springfield Interstate................. I I III I I
Northwestern Intrastate................................... III III III III III
Eastern Intrastate........................................ II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10855, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 84787, Dec. 23, 1980]
Sec. 52.372 Extensions.
(a) [Reserved]
(b) The Administrator hereby extends until December 31, 1996, the
attainment date for particulate matter for the New
[[Page 288]]
Haven PM10 nonattainment area, as requested by the State of Connecticut
on March 22, 1996 and based on monitored air quality data for the
national ambient air quality standard for PM10 during the years 1993-95.
[61 FR 56900, Nov. 5, 1996, as amended at 62 FR 14331, Mar. 26, 1997; 64
FR 67192, Dec. 1, 1999]
Sec. 52.373 Approval status.
(a) The Administrator approves the general procedures of the state's
sulfur control regulations (19-508-19) and accompanying narrative
submitted on October 23, 1981, and November 4, 1981 and identified under
Sec. 52.370(c)(18), provided that any individual source approvals
granted by the state under the Air Pollution Control/Energy Trade Option
and solid fuel burning permitting system are submitted to EPA as SIP
revisions.
(b) The Administrator approves the total suspended particulate
regulation for foundry sand processes as submitted and identified under
paragraph (c)(22) of this section. This includes only the requirement to
remove ninety percent of the particulate matter and not the requirement
to emit not more than 0.75 pounds of particulate per ton of material
cast, a provision which may be found in state regulation 19-508-
18(f)(3).
[61 FR 38576, July 25, 1996]
Sec. 52.374 Attainment dates for national standards.
The following table presents the latest dates by which the national
standards are to be attained. The dates reflect the information
presented in Connecticut's plan.
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------------------------------------
Air quality control region SO2
---------------------------- PM10 NO2 CO O3
Primary Secondary
----------------------------------------------------------------------------------------------------------------
AQCR 41: Eastern Connecticut (\a\) (\b\) (\a\) (\a\) (\a\) (\d\)
Intrastate (See 40 CFR
81.183)....................
AQCR 42: Hartford-New Haven-
Springfield Interstate Area
(See 40 CFR 81.26).........
All portions except City (\a\) (\b\) (\a\) (\a\) (\a\) (\d\)
of New Haven...........
City of New Haven....... (\a\) (\b\) (\c\) (\a\) (\a\) (\d\)
AQCR 43: New Jersey-New York- (\a\) (\a\) (\a\) (\a\) (\a\) (\d\)
Connecticut Interstate Area
(See 40 CFR 81.13).........
AQCR 44: Northwestern (\a\) (\b\) (\a\) (\a\) (\a\) (\d\)
Connecticut Intrastate (See
40 CFR 81.184).............
----------------------------------------------------------------------------------------------------------------
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. December 31, 1996 (two 1-year extensions granted).
d. November 15, 2007.
[45 FR 84787, Dec. 23, 1980, as amended at 61 FR 38576, July 25, 1996;
62 FR 14331, Mar. 26, 1997; 64 FR 12013, Mar. 10, 1999; 66 FR 663, Jan.
3, 2001]
Sec. 52.375 Certification of no sources.
The State of Connecticut has certified to the satisfaction of EPA
that no sources are located in the state which are covered by the
following Control Technique Guidelines:
(a) Large Petroleum Dry Cleaners.
(b) Natural Gas/Gasoline Processing Plants.
(c) Air Oxidation Processes/SOCMI.
(d) Manufacturers of High-density Polyethylene and Polypropylene
Resins.
(e) Synthetic organic chemical manufacturing industry (SOCMI)
distillation.
(f) Synthetic organic chemical manufacturing industry (SOCMI)
reactor vessels.
[50 FR 37178, Sept. 12, 1985, as amended at 53 FR 17936, May 19, 1988;
65 FR 62623, Oct. 19, 2000]
[[Page 289]]
Sec. 52.376 Control strategy: Carbon monoxide.
(a) Approval--On January 12, 1993, the Connecticut 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 Connecticut to satisfy Federal
requirements under sections 172(c)(3) and 187(a)(1) of the Clean Air Act
as amended in 1990, as a revision to the carbon monoxide State
Implementation Plan for the Hartford/New Britain/Middletown carbon
monoxide nonattainment area, the New Haven/Meriden/Waterbury carbon
monoxide nonattainment area, and the Connecticut Portion of the New
York-N. New Jersey-Long Island carbon monoxide nonattainment area.
(b) Approval--On September 30, 1994, the Connecticut Department of
Environmental Protection submitted a request to redesignate the
Hartford/New Britain/Middletown Area carbon monoxide nonattainment area
to attainment for carbon monoxide. As part of the redesignation request,
the State submitted a maintenance plan as required by 175A of the Clean
Air Act, as amended in 1990. Elements of the section 175A maintenance
plan include a base year (1993 attainment year) emission inventory for
carbon monoxide, a demonstration of maintenance of the carbon monoxide
NAAQS with projected emission inventories to the year 2005 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),
Connecticut will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. The menu of
contingency measure includes 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.
(c) Approval--On January 12, 1993 and April 7, 1994, the Connecticut
Department of Environmental Protection submitted revisions to the carbon
monoxide State Implementation Plan for VMT forecasts, contingency
measures, and attainment demonstration for CO. These VMT forecasts,
contingency measures, and attainment demonstration were submitted by
Connecticut to satisfy Federal requirements under sections 187(a)(2)(A),
187(a)(3) and 187(a)(7) of the Clean Air Act, as amended in 1990, as
revisions to the carbon monoxide State Implementation Plan.
(d) Approval--On January 17, 1997, the Connecticut Department of
Environmental Protection submitted a request to redesignate the New
Haven/Meriden/Waterbury carbon monoxide nonattainment area to attainment
for carbon monoxide. As part of the redesignation request, the State
submitted a maintenance plan as required by 175A of the Clean Air Act,
as amended in 1990. Elements of the section 175A maintenance plan
include a base year emission inventory for carbon monoxide, a
demonstration of maintenance of the carbon monoxide NAAQS with projected
emission inventories to the year 2008 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), Connecticut will
implement one or more appropriate contingency measure(s) which are
contained in the contingency plan. The menu of contingency measure
includes reformulated gasoline and the enhanced motor vehicle inspection
and maintenance program. The redesignation request establishes a motor
vehicle emissions budget of 229 tons per day for carbon monoxide to be
used in determining transportation conformity for the New Haven/Meriden/
Waterbury area. 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.
[[Page 290]]
(e) Approval--In December, 1996, the Connecticut Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan for the 1993 periodic emission inventory. The
inventory was submitted by the State of Connecticut to satisfy Federal
requirements under section 187(a)(5) of the Clean Air Act as amended in
1990, as a revision to the carbon monoxide State Implementation Plan.
(f) Approval--On May 29, 1998, the Connecticut Department of
Environmental Protection submitted a request to redesignate the
Connecticut portion of the New York-N. New Jersey-Long Island carbon
monoxide nonattainment area to attainment for carbon monoxide. As part
of the redesignation request, the State submitted a maintenance plan as
required by 175A of the Clean Air Act, as amended in 1990. Elements of
the section 175A maintenance plan include a periodic 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 an
exceedance of the carbon monoxide NAAQS (which must be confirmed by the
State), Connecticut will implement one or more appropriate contingency
measure(s) which are contained in the contingency plan. The menu of
contingency measure includes investigating local traffic conditions, the
enhanced motor vehicle inspection and maintenance program, and the low
emissions vehicles program (LEV). The redesignation request establishes
a motor vehicle emissions budget of 205 tons per day for carbon monoxide
to be used in determining transportation conformity in the Connecticut
Portion of the New York-N. New Jersey-Long Island Area. 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.
(g) Approval--On October 7, 1999, the Connecticut Department of
Environmental Protection submitted a revision to the carbon monoxide
State Implementation Plan that removes the oxygenated fuel requirement
for the Connecticut portion of the New York--N. New Jersey--Long Island
area and converts the program to a contingency measure. If a violation
of the carbon monoxide ambient air quality standard were to occur, the
State would be required to reimplement the program.
[60 FR 55320, Oct. 31, 1995, as amended at 61 FR 38577, July 25, 1996;
63 FR 53286, Oct. 5, 1998; 64 FR 12014, Mar. 10, 1999; 64 FR 67192, Dec.
1, 1999]
Sec. 52.377 Control strategy: Ozone.
(a) Revisions to the State Implementation Plan submitted by the
Connecticut Department of Environmental Protection on December 30, 1997
and January 7, 1998. These revisions are for the purpose of satisfying
the rate of progress requirement of section 182(c)(2) through 1999, and
the contingency measure requirements of sections 172(c)(9) and 182(c)(9)
of the Clean Air Act, for the Greater Hartford serious ozone
nonattainment area, and the Connecticut portion of the NY-NJ-CT severe
ozone nonattainment area.
(b) Approval--Revisions to the State Implementation Plan submitted
by the Connecticut Department of Environmental Protection on September
16, 1998 and February 8, 2000. 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 Greater Connecticut serious
ozone nonattainment area. The revision establishes an attainment date of
November 15, 2007 for the Greater Connecticut serious ozone
nonattainment area. This revision establishes motor vehicle emissions
budgets for 2007 of 30.0 tons per day of volatile organic compounds
(VOC) and 79.6 tons per day of nitrogen oxides (NOX) to be
used in transportation conformity in the Greater Connecticut serious
ozone nonattainment area, until revised budgets pursuant to MOBILE6 are
submitted and found adequate. In the revision, Connecticut commits to
revise their VOC and NOX transportation conformity budgets
within one year of the release of MOBILE6. Connecticut also
[[Page 291]]
commits to conduct a mid-course review to assess modeling and monitoring
progress achieved towards the goal of attainment by 2007, and submit the
results to EPA by December 31, 2003.
[65 FR 62626, Oct. 19, 2000, as amended at 66 FR 663, Jan. 3, 2001]
Secs. 52.378-52.379 [Reserved]
Sec. 52.380 Rules and regulations.
(a) All facilities owned, operated or under contract with the
Connecticut Transportation Authority shall comply in all respects with
Connecticut Regulations for the Abatement of Air Pollution sections 19-
508-1 through 19-508-25 inclusive, as approved by the Administrator.
(b) For the purposes of paragraph (a) of this section the word
``Administrator'' shall be substituted for the word ``Commissioner''
wherever that word appears in Connecticut Regulations for the Abatement
of Air Pollution sections 19-508-1 through 19-508-25 inclusive, as
approved by the Administrator.
(c) The June 27 and December 28, 1979, February 1, May 1, September
8 and November 12, 1980, revisions are approved as satisfying Part D
requirements under the following conditions:
(1) [Reserved]
(2) [Reserved]
(d) Non-Part D-No Action: EPA is neither approving nor disapproving
the following elements of the revisions:
(1)-(2) [Reserved]
(3) The program to review new and modified major stationary sources
in attainment areas (prevention of significant deterioration).
(4) Permit fees
(5) Stack height regulations
(6) Interstate pollution requirements
(7) Monitoring requirements
(8) Conflict of interest provisions.
(9) Use of 1 percent sulfur content fuel by the following residual
oil burning sources, identified under Sec. 52.370, paragraph (c)(18).
(i) Northeast Utilities, HELCO Power Station in Middletown,
(10) Emergency Fuel Variance provisions of Regulation 19-508-19
(a)(2)(ii) identified under Sec. 52.370 paragraph (c)(18).
(e) Disapprovals. (1) Regulation 19-508-19(a)(9) concerning coal use
at educational and historical exhibits and demonstrations, identified
under Sec. 52.370, (c)(18).
(2) Regulation 19-508-19, subsection (a)(4)(iii)(C) and
(a)(4)(iii)(E) concerning fuel merchants, identified under Sec. 52.370,
paragraph (c)(18).
[40 FR 23280, May 29, 1975, as amended at 45 FR 84787, Dec, 23, 1980; 46
FR 34801, July 6, 1981; 46 FR 56615, Nov. 18, 1981; 46 FR 62062, Dec.
22, 1981; 47 FR 763, Jan. 7, 1982; 47 FR 36823, Aug. 24, 1982; 47 FR
41959, Sept. 23, 1982; 47 FR 49646, Nov. 2, 1982; 47 FR 51129, Nov. 12,
1982; 48 FR 5724, Feb. 8, 1983; 50 FR 50907, Dec. 13, 1985; 65 FR 62623,
Oct. 19, 2000]
Sec. 52.381 Requirements for state implementation plan revisions
relating to new motor vehicles.
Connecticut must comply with the requirements of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.382 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 provisions
for the NO2 increments under the prevention of significant
deterioration program.
(b) The increments for nitrogen dioxide and related requirements
promulgated on October 17, 1988 (53 FR 40671) to 40 CFR 52.21(b) through
(w) are hereby incorporated and made part of the applicable State
Implementation Plan for the State of Connecticut.
[58 FR 10964, Feb. 23, 1993]
Sec. 52.383 Stack height review.
The State of Connecticut has declared to the satisfaction of EPA
that no existing emission limitations have been affected by stack height
credits greater than good engineering practice or any other prohibited
dispersion techniques as defined on EPA's stack height regulations as
revised on July 8, 1985. Such declarations were submitted to EPA on
February 21, 1986, and May 27, 1986.
[52 FR 49407, Dec. 31, 1987]
[[Page 292]]
Sec. 52.384 Emission inventories.
(a) The Governor's designee for the State of Connecticut submitted
the 1990 base year emission inventories for the Connecticut portion of
the New York-New Jersey-Connecticut severe ozone nonattainment area and
the Greater Hartford serious ozone nonattainment area on January 13,
1994 as revisions to the State's SIP. Revisions to the inventories were
submitted on February 3, 1994, February 16, 1995, and December 30, 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 Connecticut portion of the New York-New
Jersey-Connecticut severe nonattainment area and the Hartford serious
nonattainment area encompass the entire geographic area of the State.
[62 FR 55340, Oct. 24, 1997, as amended at 65 FR 62626, Oct. 19, 2000]
Sec. 52.385 EPA-approved Connecticut regulations.
The following table identifies the State regulations which have been
submitted to and approved by EPA as revisions to the Connecticut 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. 52.370. To the extent that this table conflicts with Sec. 52.370,
Sec. 52.370 governs.
[[Page 293]]
Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates
-----------------------------------------
Connecticut State Title/subject Date Federal Register Section 52.370 Comments/
citation Date adopted by State approved by citation description
EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
19-508................. Connecticut Air 3/3/72.................... 5/31/72 37 FR 10842............ (c) 1&2................ State of CT Air
Implementation Implementation
Plan. Plan.
8/10/72................... 5/14/73 38 FR 12696............ (c) 3.................. Correction to
submission dates
for supplemental
information.
4/9/74.................... 6/2/75 40 FR 23746............ (c) 5.................. Identification of
Air Quality
Maintenance
Areas.
8/10/76................... 11/29/77 42 FR 60753............ (c) 7.................. Adds carbon
monoxide/oxidant
control strategy
and regulations.
6/30/77................... 9/29/78 43 FR 44840............ (c) 8.................. Describes air
quality
surveillance
program.
22a-171................ Small Business 1/12/93................... 5/19/94 59 FR 26123............ (c) 65................. Established small
Assistance. business
compliance and
technical
assistance
program.
22a-174-1.............. Definitions...... 4/01/72................... 5/31/72 37 FR 23085............ (b). .................
5/31/72................... 12/23/80 45 FR 84769............ Adds definitions
for PSD and NSR
program. EPA
took no action
because CT did
not submit
regulations.
12/13/84.................. 7/18/85 50 FR 29229............ (c) 34................. Revision to the
definition of
VOC adding 7
nonreactive
compounds to
exempt list.
12/27/88.................. 2/23/93 58 FR 10957............ (c) 56................. Changes
definitions of
``actual
emissions'' and
``potential
emissions''
throughout
regulations.
12/22/97.................. 10/19/00 65 FR 62624............ (c)(84)................ Changes to the
definition of
VOC to exempt
certain
negligibly
photoreactive
compounds.
22a-174-2.............. Registration 4/04/72................... 5/31/72 37 FR 23085............ (b). .................
requirements for
existing
stationary
sources of air
pollutants.
8/31/79................... 12/23/80 45 FR 84769............ (c) 11................ In tandem with
changes to
Regulation 3,
sources existing
prior to 1972
must register.
22a-174-3.............. Permits for 4/04/72................... 5/31/72 37 FR 23085............ (b).................... Conditional
construction and approval of NSR
operation of program.
stationary
sources.
8/30/79................... 12/23/80 45 FR 84769............ (c)11.................. EPA conditionally
approved changes
to meet federal
New Source
Review (NSR)
requirements. CT
did not submit
Prevention of
Significant
Determination
program.
[[Page 294]]
8/31/79................... 1/07/82 47 FR 762.............. (c) 20................. Final approval of
NSR Rules
removing
conditions of 12/
23/80.
10/10/80.................. 1/07/82 47 FR 762.............. (c) 20................. Allows
conditional
exemption of
resource
recovery
facilities from
offset
transactions.
10/10/80.................. 1/07/82 47 FR 762.............. (c) 20................. Replaces the word
``actual'' with
word
``allowable''.
12/27/88.................. 2/23/93 58 FR 10957............ (c) 56................. Changes to NSR
and PSD
requirements.
22a-174-4.............. Source 4/04/72................... 5/31/72 37 FR 23085............ (b). .................
monitoring,
record keeping,
reporting and
authorization of
inspection of
air pollution
sources.
10/31/77.................. 12/23/80 45 FR 84769............ (c) 11................. Clarifies record
keeping and
reporting
requirements and
rescinds smoke
monitoring
requirements for
small sources.
12/15/80.................. 8/24/82 47 FR 36822............ (c) 20................. Rescinded
requirements for
smoke monitors
on sources less
than 250 mmBtu.
12/27/88.................. 2/23/93 58 FR 10957............ (c) 56................. Changes to
opacity
continuous
emission
monitoring (CEM)
requirements.
22a-174-5.............. Methods for 4/04/72................... 5/31/72 37 FR 23085............ (b). .................
sampling,
emission
testing, and
reporting.
10/05/77.................. 12/23/80 45 FR 84769............ (c) 11................. Tied State
testing method
requirement to
federal
requirements,
clarified
requirements for
stack testing,
and eliminated
record keeping
and reporting
requirements.
12/19/80.................. 8/28/81 46 FR 43418............ (c) 16................. Revisions to
source
monitoring and
stack testing
requirements for
SO2.
22a-174-6.............. Air Pollution 4/04/72................... 5/31/72 37 FR 23085............ (b). .................
Emergency
Episode
Procedures.
8/31/79................... 12/23/80 45 FR 84769............ (c) 11................. Allows DEP to
separately limit
mobile and
stationary
sources
depending upon
the cause of the
episode.
[[Page 295]]
22a-174-7.............. Malfunction of 4/04/72................... 5/31/72 37 FR 23085............ (b). .................
Control
Equipment;
Reporting.
22a-174-8.............. Compliance Plans 4/04/72................... 5/31/72 37 FR 23085............ (b). .................
and Schedules.
22a-174-9.............. Prohibition of 4/04/72................... 5/31/72 37 FR 23085............ (b). .................
air pollution.
8/31/79................... 12/23/80 45 FR 84769............ (c) 11................. Non-substantive
numbering
change.
8/31/79................... 8/12/83 48 FR 36579............ (c) 11................. Full authority
delegated for
NSPS and
NESHAPS.
12/6/91 56 FR 63875............ Delegation of new
subparts.
22a-174-10............. Public 4/04/72................... 5/31/72 37 FR 23085............ (b). .................
Availability of
Information.
22a-174-11............. Prohibition 4/04/72................... 5/31/72 37 FR 23085............ (b). .................
against
concealment of
circumvention.
22a-174-12............. Violations and 4/4/72.................... 5/31/72 37 FR 23085............ (b).
enforcement.
22a-174-13............. Variances........ 4/4/72.................... 5/31/72 37 FR 23085............ (b).
8/31/79................... 12/23/80 45 FR 84769............ (c) 11................. Non-substantive
numbering
change.
22a-174-14............. Compliance with 4/04/72................... 5/31/72 37 FR 10842............ (b).
regulation no
defense to
nuisance claim.
22a-174-15............. Severability..... 4/4/72.................... 5/31/72 37 FR 10842............ (b).
22a-174-16............. Responsibility to 4/4/72.................... 5/31/72 37 FR 10842............ (b).
comply with
applicable
regulations.
22a-174-17............. Control of open 4/04/72................... 5/31/72 37 FR 10842............ (b).
burning.
22a-174-18............. Control of 4/4/72.................... 5/31/72 37 FR 10842............ (b).
particulate
emissions.
11/30/73.................. 4/16/74 39 FR 13651............ 52.375................. Allowed Hartford
Electric Light &
Connecticut
Light & Power
Supplies to use
nonconforming
fuel from 12/3/
73 to 1/1/74.
7/11/81................... 9/23/82 47 FR 41958............ (c) 22................. Defines TSP RACT
for fuel burning
equipment and
process sources
including
cupolas,
foundries, and
hot mix asphalt
plants.
22a-174-19............. Control of sulfur 4/4/72.................... 5/31/72 37 FR 23085............ (b).
compound
emissions.
11/30/73.................. 4/16/74 39 FR 13651............ 52.375................. Allowed Hartford
Electric Light
and Connecticut
Power and Light
to use
nonconforming
fuel.
4/3/79.................... 7/30/79 44 FR 44498............ (c) 10................. Allowed Northeast
Utilities to
purchase, store,
and burn
nonconforming
fuel.
9/8/80.................... 4/27/81 46 FR 23412............ (c) 12................. Variance for
Federal
Paperboard, Inc.
12/19/80 & 3/11/81........ 8/28/81 46 FR 43418............ (c) 14................. Amends sulfur
control
strategy.
3/11/81 & 7/15/81......... 8/28/81 46 FR 43418............ (c) 15................. Amends New Source
Ambient Impact
Analysis
Guideline.
3/17/81................... 10/23/81 46 FR 51914............ (c) 17................. Variance for
Uniroyal, Inc.
[[Page 296]]
11/2/81................... 11/18/81 46 FR 56612............ (c) 18................. Approval State
Energy Trade
program.
11/14/75.................. 11/18/81 46 FR 56612............ 52.380 (e)(1).......... EPA disapproval
revision which
allows exemption
for home heating
with coal,
historic
demonstrations,
and other small
sources.
11/12/81.................. 12/22/81 46 FR 62062............ (c) 19................. Variances for
United
Technologies
Corp., Pratt &
Whitney Aircraft
Division
facilities in
New Haven and
Middletown.
7/7/81.................... 11/12/82 47 FR 51129............ (c) 24................. Variance for
Sikorsky
Aircraft--approv
ed under the
State Energy
Trade Program.
5/27/82................... 2/8/83 48 FR 5723............. (c) 26................. Variance for Dow
Chemical--approv
ed under the
State Energy
Trade Program.
12/15/82.................. 5/4/83 48 FR 20051............ (c) 27................. Variance for
Lydall, Inc.--
approved under
the State Energy
trade (SET)
Program.
11/1/82................... 6/28/83 48 FR 29689............ (c) 28................. Simkins
Industries--appr
oved under the
State Energy
Trade Program.
3/28/83................... 12/20/83 48 FR 56218............ (c) 30................. Variance for
Loomis
Institute--appro
ved under the
State Energy
Trade Program.
2/19/93................... 1/18/94 59 FR 2531............. (c) 63................. Changes
requirements at
Himilton
Standard
Division of UTC.
22a-174-20............. Control of 4/4/72.................... 5/31/72 37 FR 23085............ (b).
organic compound
emissions.
8/31/79................... 12/23/80 45 FR 84769............ (c) 11................. Requirements for
certain Group I
CTG source
categories.
Conditionally
approved cutback
asphalt and
solvent metal
cleaning
categories.
10/10/80.................. 1/17/82 47 FR 762.............. (c) 20................. Requirements for
cutback asphalt
(Group I--CTG).
10/10/80.................. 2/17/82 47 FR 6827............. (c) 25................. Requirements for
Group II CTGs
exclusive of
controlling
gasoline tank
truck leaks,
petroleum liquid
storage external
floating roof
tanks,
manufacture of
vegetable oil,
pneumatic rubber
tire categories.
Other VOC rules.
[[Page 297]]
10/10/80.................. 6/7/82 47 FR 24452............ (c) 23................. Alternative
emission
reduction
provisions.
12/10/82.................. 2/1/84 49 FR 3989............. (c) 29................. Requirements for
small open top
degreasers
(Group I--CTG).
9/24/83................... 2/1/84 49 FR 3989............. (c) 29................. Exempts colds
cleaners at auto
repair
facilities.
9/24/83................... 3/21/84 49 FR 10542............ (c) 32................. Adds degreasing
requirements for
conveyorized and
cold cleaning
operations.
8/31/79................... 3/21/84 49 FR 10542............ (c) 32................. Requirements for
solvent metal
cleaning (Group
I CTG).
9/24/83................... 3/21/84 49 FR 10542............ (c) 32................. Exempts storage
vessels from
submerged fill.
Delays effective
date of Stage I
vapor recovery
by 1 year.
Requires RACT
for all major
sources of VOC
not covered
under a CTG
document.
9/24/83................... 10/19/84 49 FR 41026............ (c) 33................. Adds major non-
ctg sources
covered by
20(ee) to
applicability,
compliance,
alternative
emission
reduction and
seasonal
operation after
burner
provisions.
12/13/84.................. 7/18/85 50 FR 29229............ (c) 34................. Revision to
cutback asphalt
regulation.
Requires
facilities with
external
floating roofs
to install
secondary seats.
Changes to
gasoline tank
truck
regulation.
4/23/86................... 11/20/86 51 FR 41963............ (c) 36................. VOC RACT for
Connecticut
Charcoal
Company.
4/28/86................... 2/19/87 52 FR 5104............. (c) 37................. VOC RACT for King
Industries.
8/8/87.................... 12/17/87 52 FR 47925............ (c) 39................. VOC RACT for
Belding
Corticelli
Thread Company.
5/28/86................... 2/17/88 51 FR 4621............. (c) 41................. Effective date
clarification
for Connecticut
Charcoal.
9/24/87................... 4/11/88 53 FR 11847............ (c) 42................. VOC RACT for
Raymark
Industries, Inc.
2/2/87.................... 5/19/88 53 FR 17934............ (c) 38................. Clarifies
applicability of
VOC compliance
methods for
surface coating
sources.
3/17/87................... 5/19/88 53 FR 17934............ (c) 38................. Adds regulations
for SOCMI
fugitive leaks
and polystyrene
resins.
8/21/87................... 7/12/88 53 FR 26256............ (c) 44................. VOC RACT for
Spongex
International
Ltd.
12/26/86.................. 8/1/88 53 FR 28884............ (c) 43................. VOC RACT for
American
Cyanamid
Company.
10/27/88.................. 3/8/89 54 FR 9781............. (c) 48................. VOC RACT for Dow
Chemical, U.S.A.
6/7/88.................... 3/24/89 54 FR 12193............ (c) 46................. VOC RACT for New
Departure Hyatt.
12/14/88.................. 4/10/89 54 FR 14226............ (c) 49................. VOC RACT for
Stanadyne.
[[Page 298]]
3/22/89................... 5/30/89 54 FR 22891............ (c) 51................. VOC RACT for
Pratt & Whitney
Division of UTC.
12/30/88.................. 6/2/89 54 FR 23650............ (c) 50................. Changes limit on
volatility of
gasoline.
10/19/87.................. 11/28/89 54 FR 48885............ (c) 47................. VOC RACT for
Frismar, Inc.
10/18/88.................. 11/39/89 54 FR 49284............ (c) 52................. VOC RACT for
Pfizer, Inc.
9/5/89.................... 12/22/89 54 FR 52798............ (c) 53................. VOC RACT for
Uniroyal
Chemical Co.
11/29/89.................. 3/12/90 55 FR 9121............. (c) 54................. VOC RACT for
Hamilton
Standard
Division of
United
Technologies
Corp.
11/2/88................... 3/14/90 55 FR 9442............. (c) 55................. VOC RACT for
Heminway &
Bartlett
Manufacturing
Company.
10/31/89.................. 10/18/91 56 FR 52205............ (c) 58................. Changes
applicability to
facilities with
>=15 pounds VOC
per day.
10/31/89.................. 10/18/91 56 FR 52205............ (c) 58................. Various changes
to Section 20
approved.
9/1/93.................... 11/19/93 58 FR 61041............ ....................... Withdrawal of NPR
for Sikorsky
Aircraft
Division of UTC,
Bridgeport.
1/29/90, 9/29/95, & 2/7/96 2/9/98 63 FR 6484............. (c) (60)............... VOC RACT for
Sikorsky
Aircraft
Corporation in
Stratford.
6/3/96.................... 4/24/98 63 FR 20318............ (c) (73)............... Alternative VOC
RACT for Risdon
Corporation in
Danbury.
11/18/93.................. 3/10/99 64 FR 12024............ (c)(75)................ Changes to
subsection 22a-
174-20(s),
20(v), and
20(ee).
Loading gasoline 4/1/98.................... 10/19/00 65 FR 62624............ (c)(84)................ Changes to
and other gasoline and
volatile organic volatile organic
compounds. loading
regulations.
Metal cleaning... 8/23/96................... 10/19/00 65 FR 62624............ (c)(84)................ Changes to metal
cleaning
regulations.
Miscellaneous 8/1/95.................... 10/19/00 65 FR 62624............ (c)(84)................ Changes to
metal parts and regulations to
products. add emission
limit for
architectural
aluminum panels.
22a-174-21............. Control of carbon 4/4/72.................... 5/31/72 37 FR 23085............ (b).
monoxide
emissions.
9/21/82................... 3/21/84 49 FR 10542............ (c) 32................. CO attainment
plan.
22a-174-22............. Control of 11/19/96.................. 9/28/99 64 FR 52238............ (c)(82)................ Case-specific
Nitrogen Oxides trading order
Emissions. for
AlliedSignal,
Inc., and U.S.
Army Tank-
Automotive and
Armaments
Command in
Stratford.
[[Page 299]]
22a-174-22............. Control of 11/19/96.................. 9/28/99 64 FR 52238............ (c)(82)................ Case-specific
Nitrogen Oxides trading order
Emissions. for Connecticut
Natural Gas
Corporation in
Rocky Hill.
22a-174-22............. Control of 12/20/96.................. 9/28/99 64 FR 52238............ (c)(82)................ Case-specific
Nitrogen Oxides trading order
Emissions. for Cytec
Industries,
Inc., in
Wallingford.
22a-174-22............. Control of 6/25/97................... 9/28/99 64 FR 52238............ (c)(82)................ Amendments to
Nitrogen Oxides case-specific
Emissions. trading order
for Connecticut
Natural Gas
Corporation.
22a-174-22............. Control of 7/8/97.................... 9/28/99 64 FR 52238............ (c)(82)................ Amendments to
Nitrogen Oxides case-specific
Emissions. trading order
for
AlliedSignal,
Inc., and U.S.
Army Tank-
Automotive and
Armaments
Command in
Stratford.
22a-174-22............. Control of 7/23/97................... 9/28/99 64 FR 52238............ (c)(82)................ Case-specific
Nitrogen Oxides trading order
Emissions. for Ogden Martin
Systems of
Bristol, Inc.,
in Bristol.
22a-174-22............. Control of NOX 1/12/00................... 3/23/01 66 FR 16137............ (c)(88)................ Case-specific
nitrogen oxide trading order
emissions. for Wisvest
Bridgeport
Harbor Station's
Unit No. 2 in
Bridgeport.
5/22/00................... 3/23/01 66 FR 16137............ (c)(88)................ Amendment to case-
specific trading
order for Ogden
Martin System's
facility in
Bristol.
5/22/00................... 3/23/01 66 FR 16137............ (c)(88)................ Amendment to case-
specific trading
order for
Connecticut
Resources
Recovery
Authority.
5/22/00................... 3/23/01 66 FR 16137............ (c)(88)................ Amendment to case-
specific order
for American Ref-
Fuel Company.
5/22/00................... 3/23/01 66 FR 16137............ (c)(88)................ Amendment to case-
specific trading
order for
Bridgeport Resco
Company.
5/22/00................... 3/23/01 66 FR 16137............ (c)(88)................ Case-specific
trading order
for Wisvest
Bridgeport
Harbor Station's
Unit No. 4 in
Bridgeport.
5/22/00................... 3/23/01 66 FR 16137............ (c)(88)................ Case-specific
trading order
for Wisvest New
Haven Harbor
Station's
auxiliary Boiler
in New Haven.
5/31/00................... 3/23/01 66 FR 16137............ (c)(88)................ Case-specific
trading order
for Wisvest
Bridgeport
Harbor Station's
Unit No. 3 in
Bridgeport.
5/31/00................... 3/23/01 66 FR 16137............ (c)(88)................ Case-specific
trading order
for Wisvest New
Haven Harbor
Station's Unit
No. 1 in New
Haven.
22a-174-22a............ Nitrogen Oxides 12/15/98.................. 9/28/99 64 FR 52238............ (c)(80)................ Approval of NOX
(NOX)Budget cap and
Program. allowance
trading
regulations.
22a-174-22b............ Post-2002 9/29/99................... 12/27/00 65 FR 81746............ (c)86..................
Nitrogen Oxides
(NOX) Budget
Program.
22a-174-23............. Control of Odors. 4/4/72.................... 5/31/72 37 FR 23085............ (b).
Rescinded from 8/31/79................... 12/23/80 45 FR 84769............ (c) 11................. EPA has no
Federal SIP. authority to
control odors.
[[Page 300]]
22a-174-24............. Connecticut 4/4/72.................... 5/31/72 37 FR 23085............ (b).
primary and
secondary
standards.
7/11/81................... 11/18/81 46 FR 56612............ (c) 18................. Eliminated State
24-hour and
annual standard
for SO2.
10/8/80................... 2/17/82 47 FR 6827............. (c) 25................. Adopted ambient
air quality
standards for
lead and revised
the ozone
standard.
10/8/80................... 8/24/82 47 FR 36822............ (c) 20................. EPA took ``no
action'' on
definition of
the term
``acceptable
method'' because
did not ensure
consistency with
EPA monitoring
regulations.
10/8/80................... 11/2/82 47 FR 49646............ (c) 20................. Correction to
subparagraph
designation.
10/8/80................... 12/13/85 50 FR 50906............ (c) 35................. Approved
definition of
acceptable
method.
2/25/91................... 3/24/92 57 FR 10139............ (c) 61................. Requires use of
low sulfur fuels
at Connecticut
Light & Power in
Montville.
2/14/92................... 11/20/92 57 FR 54703............ (c) 59................. Requires use of
low sulfur fuels
at Stones CT
Paperboard Corp.
2/5/92.................... 11/20/92 57 FR 54703............ (c) 59................. Requires use of
low sulfur fuel
at Hartford
Hospital.
22a-174-25............. Effective date... 4/4/72.................... 5/31/72 37 FR 23085............ (b).
22a-174-27............. Emissions 3/26/98................... 3/10/99 64 FR 12005............ (c)78.................. Revised
standards for Department of
periodic motor Environmental
vehicle Protection
inspection and regulation
maintenance. contain I/M
emission
standards.
22a-174-28............. SIP revision 09/28/99.................. 01/31/00 64 FR 67188............ (c)(83)................ This SIP revision
concerning removes the
Oxygenated oxygenated
Gasoline. gasoline
requirement for
the Connecticut
portion of the
New York--N. New
Jersey--Long
Island area and
changes it to a
continency
measure for
maintaining the
carbon monoxide
National Ambient
Air Quality
Standard in the
southwest
Connecticut
area.
14-164c................ Periodic Motor 4/7/98.................... 3/10/99 64 FR 12005............ (c)78.................. Revised
Vehicle Department of
Inspection and Motor Vehicles
Maintenance. regulation for
the Connecticut
I/M Program.
[[Page 301]]
6/24/99................... 10/27/00 10/27/00, 65 FR 64360.. (c)89.................. Revised
subsection (b)
of Section 14-
164c-11a of the
Department of
Motor Vehicles
regulation
concerning
emissions
repairs
expenditure
requirement to
receive waver.
22a-174-30............. Gasoline Vapor 1/12/93................... 12/17/93 58 FR 65930............ (c) 62................. Requires Stage II
Recovery. vapor recovery
from gasoline
dispensers.
1/18/94 59 FR 2649............. (c) 62................. Correction to 12/
17/93 notice.
22a-174-32............. Reasonably 11/18/93.................. 3/10/99 64 FR 12024............ (c)(76)................ Conditional
available approval of the
control addition of non-
technology for CTG VOC RACT
volatile organic requirements.
compounds.
8/27/99................... 10/19/00 65 FR 62624............ (c)(84)................ Changes to the
non-CTG
regulation.
22a-174-36............. Low Emission 12/23/94.................. 3/9/00 65 FR 12479............ (c)(79)................ Approval of Low
Vehicles. Emission Vehicle
Program.
22a-174-36(g).......... Alternative Means 1/29/99................... 3/9/00 65 FR 12479............ (c)(79)................ Approval of
of Compliance Alternative
via the National Means of
Low Emission Compliance via
Vehicle (LEV) the National Low
Program. Emission Vehicle
(LEV) Program
for the
``California''
low emission
vehicle program
adopted above.
22a-174-100............ Permits for 1/9/74.................... 2/25/74 39 FR 7280............. (c) 4.................. Requires review
construction of of air impacts
indirect sources of indirect
Rescinded from sources.
federal SIP.
8/20/74................... 2/13/76 41 FR 6765............. (c) 6.................. Added indirect
source review
(ISR)
regulations.
6/30/77................... 1/26/79 44 FR 5427............. (c) 9
NA........................ 12/23/79 45 FR 84769............ (c) 11................. SIP shown to
attain standards
as expeditiously
as practicable
without ISR
regulation.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[62 FR 52022, Oct. 6, 1997; 62 FR 65224, Dec. 11, 1997, as amended at 63
FR 6487, Feb. 9, 1998; 63 FR 20318, Apr. 24, 1998; 64 FR 12024, Mar. 10,
1999; 64 FR 52238, Sept. 28, 1999; 64 FR 67192, Dec. 1, 1999; 65 FR
12479, Mar. 9, 2000; 65 FR 62624, Oct. 19, 2000; 65 FR 64360, Oct. 27,
2000; 65 FR 81746, Dec. 27, 2000; 66 FR 16137, Mar. 23, 2001]
[[Page 302]]
Subpart I--Delaware
Sec. 52.420 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Delaware under section 110 of the Clean Air Act,
42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality
standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to July 1,
1998 was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after July 1, 1998, will be incorporated by reference in
the next update to the SIP compilation.
(2) EPA Region 3 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of July 1, 1998.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 3 EPA Office at 1650 Arch Street, Philadelphia,
PA 19103; the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC.; or at EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC
20460.
(c) EPA approved regulations.
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Regulation 1--Definitions and Administrative Principles
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 5/28/74 03/23/76, 41 FR
12010
Section 2....................... Definitions.............. 2/8/95 9/9/99 New Definitions:
(Effective date: 1/
7/77)
--Capacity factor
--Continuous
monitoring system
--Emission standard
--Equipment
shutdown
--Excess Emissions
(Effective Date: 9/
26/78)
--Sulfuric Acid
Plant
Revised
Definitions:
(Effective date: 1/
7/77)
--Existing
Installation,
Equipment, Source,
or Operation
--New Installation,
Equipment, Source,
or Operation
Section 3....................... Administrative Principles 1/7/72 05/31/72, 37 FR
10842
Section 4....................... Abbreviations............ 2/1/81 3/15/82, 48 FR Abbreviation of
11013 ``CAA'' only
----------------------------------------------------------------------------------------------------------------
Regulation 2--Permits
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 6/1/97 1/13/00, 65 FR 2051
Section 2....................... Applicability............ 6/1/97 1/13/00, 65 FR 2051
Section 3....................... Applications Prepared by 6/1/97 1/13/00, 65 FR 2051
Interested Parties.
Section 4....................... Cancellation of Permits.. 6/1/97 1/13/00, 65 FR 2051
Section 5....................... Action on Applications... 6/1/97 1/13/00, 65 FR 2051
Section 6....................... Denial, Suspension or 6/1/97 1/13/00, 65 FR 2051
Revocation of Operating
Permits.
Section 7....................... Transfer of Permit/ 6/1/97 1/13/00, 65 FR 2051
Registration Prohibited.
Section 8....................... Availability of Permit/ 6/1/97 1/13/00, 65 FR 2051
Registration.
Section 9....................... Registration Submittal... 6/1/97 1/13/00, 65 FR 2051
Section 10...................... Source Category Permit 6/1/97 1/13/00, 65 FR 2051
Applications.
Section 11...................... Permit Applications...... 6/1/97 1/13/00, 65 FR 2051
[[Page 303]]
Section 12...................... Public Participation..... 6/1/97 1/13/00, 65 FR 2051 Limited approval.
Section 13...................... Department Records....... 6/1/97 1/13/00, 65 FR 2051
----------------------------------------------------------------------------------------------------------------
Regulation 3--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 03/29/88 4/6/94, 48 FR 46986
Section 2....................... General Restrictions..... 3/11/80 10/30/81, 46 FR
53663
Section 3....................... Suspended Particulates... 3/11/80 10/30/81, 46 FR
53663
Section 4....................... Sulfur Dioxide........... 3/11/80 10/30/81, 46 FR
53663
Section 5....................... Carbon Monoxide.......... 3/11/80 10/30/81, 46 FR
53663
Section 6....................... Ozone.................... 3/11/80 10/30/81, 46 FR
53663
Section 8....................... Nitrogen Dioxide......... 3/11/80 10/30/81, 46 FR
53663
Section 10...................... Lead..................... 3/11/80 3/11/82, 48 FR
10535
Section 11...................... PM10 Particulates........ 12/7/88 4/6/94, 48 FR 46986
----------------------------------------------------------------------------------------------------------------
Regulation 4--Particulate Emissions From Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 5/28/74 41 FR 12010
Section 2....................... Emission Limits.......... 5/28/74 41 FR 12010
----------------------------------------------------------------------------------------------------------------
Regulation 5--Particulate Emissions From Industrial Process Operations
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 5/28/74 3/23/76, 41 FR
12010
Section 2....................... General Restrictions..... 5/28/74 3/23/76, 41 FR
12010
Section 3....................... Restrictions on Hot Mix 5/28/74 3/23/76, 41 FR
Asphalt Batching 12010
Operations.
Section 4....................... Restrictions on Secondary 12/2/77 07/30/79, 44 FR
Metal Operations. 44497
Section 5....................... Restrictions on Petroleum 9/26/78 9/9/99 Process weight rate
Refining Operations. unit (Table 4) is
revised to read
``Barrels Per Day
of Fresh Feed
Section 6....................... Restrictions on Prill 9/26/78 08/01/80, 45 FR
Tower Operations. 51198
Section 7....................... Control of Potentially 1/7/72 5/31/72, 37 FR
Hazardous Particulate 10842
Matter.
----------------------------------------------------------------------------------------------------------------
Regulation 6--Particulate Emissions From Construction and Materials Handling
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 1/7/72 05/31/72, 37 FR
10842
Section 2....................... Demolition............... 5/28/74 03/23/76, 41 FR
12010
Section 3....................... Grading, Land Clearing, 5/28/74 03/23/76, 41 FR
Excavation and Use of 12010
Non-Paved Roads.
Section 4....................... Material Movement........ 5/28/74 03/23/76, 41 FR
12010
Section 5....................... Sandblasting............. 5/28/74 03/23/76, 41 FR
12010
Section 6....................... Material Storage......... 5/28/74 03/23/76, 41 FR
12010
----------------------------------------------------------------------------------------------------------------
Regulation 7--Emissions From Incineration of Noninfectious Waste
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 05/28/74 03/23/76, 41 FR Provisions were
12010 revised 10/13/89
by State, but not
submitted to EPA
as SIP revisions
Section 2....................... Restrictions............. 05/28/74 03/23/76, 41 FR
12010
----------------------------------------------------------------------------------------------------------------
Regulation 8--Sulfur Dioxide Emissions From Fuel Burning Equipment
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 12/8/83 10/3/84, 49 FR
39061
Section 2....................... Limit on Sulfur Content 5/9/85 12/08/86, 51 FR
of Fuel. 44068
Section 3....................... Emissions Control in Lieu 5/9/85 12/08/86, 51 FR
of Sulfur Content Limits 44068
of Section 2.
----------------------------------------------------------------------------------------------------------------
Regulation 9--Emissions of Sulfur Compounds From Industrial Operations
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 5/9/85 12/08/86, 51 FR
44068
[[Page 304]]
Section 2....................... Restrictions on Sulfuric 9/26/78 9/9/99 Revised Sections
Acid Manufacturing 2.3 and 2.4
Operations. Section 2.2 (State
effective date: 9/
26/80) is
federally
enforceable as a
Section 111(d)
plan and codified
at 40 CFR 62.1875
Section 3....................... Restriction on Sulfur 5/28/74 03/23/76, 41 FR
Recovery Operations. 12010
Section 4....................... Stack Height Requirements 4/18/83 09/21/83, 48 FR
42979
----------------------------------------------------------------------------------------------------------------
Regulation 10--Control of Sulfur Dioxide Emissions--Kent and Sussex Counties
----------------------------------------------------------------------------------------------------------------
Section 1....................... Requirements for Existing 1/7/72 05/31/72, 37 FR
Sources of Sulfur 10842
Dioxide.
Section 2....................... Requirements for New 5/28/74 03/23/76, 41 FR
Sources of Sulfur 12010
Dioxide.
----------------------------------------------------------------------------------------------------------------
Regulation 11--Carbon Monoxide Emissions From Industrial Process Operations--New Castle County
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 5/28/74 03/23/76, 41 FR Citation revised, 3/
12010 23/76, 41 FR 12010
Section 2....................... Restrictions on Petroleum 1/7/72 05/31/72, 37 FR
Refining Operations. 10842
----------------------------------------------------------------------------------------------------------------
Regulation 12--Control of Nitrogen Oxide Emissions
----------------------------------------------------------------------------------------------------------------
Section 1....................... Applicability............ 11/24/93 06/16/99, 64 FR Limited approval
32189
Section 2....................... Definitions.............. 11/24/93 06/16/99, 64 FR Limited approval
32189
Section 3....................... Standards................ 11/24/93 06/16/99, 64 FR Limited approval
32189
Section 4....................... Exemptions............... 11/24/93 06/16/99, 64 FR Limited approval
32189
Section 5....................... Alternative and 11/24/93 06/16/99 , 64 FR Limited approval
Equivalent RACT 32189
Determinations.
Section 6....................... RACT Proposals........... 11/24/93 06/16/99, 64 FR Limited approval
32189
Section 7....................... Compliance Certification, 11/24/93 06/16/99, 64 FR Limited approval
Record Keeping, and 32189
Reporting Requirements.
----------------------------------------------------------------------------------------------------------------
Regulation 13--Open Burning
----------------------------------------------------------------------------------------------------------------
Section 1....................... Prohibitions-All Counties 2/8/95 03/12/97, 62 FR EPA effective date
11329 is 5/1/98
Section 2....................... Prohibitions-Specific 2/8/95 03/12/97, 62 FR EPA effective date
Counties. 11329 is 5/1/98
Section 3....................... General Restrictions-All 2/8/95 03/12/97, 62 FR EPA effective date
Counties. 11329 is 5/1/98
Section 4....................... Exemptions-All Counties.. 2/8/95 03/12/97, 62 FR EPA effective date
11329 is 5/1/98
----------------------------------------------------------------------------------------------------------------
Regulation 14--Visible Emissions
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 7/17/84 07/02/85, 50 FR
27244
Section 2....................... Requirements............. 7/17/84 07/02/85, 50 FR
27244
Section 3....................... Alternate Opacity 7/17/84 07/02/85, 50 FR
Requirements. 27244
Section 4....................... Compliance with Opacity 7/17/84 07/02/85, 50 FR
Standards. 27244
----------------------------------------------------------------------------------------------------------------
Regulation 15--Air Pollution Alert and Emergency Plan
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 1/7/72 05/31/72, 37 FR
10842
Section 2....................... Stages and Criteria...... 3/29/88 04/06/94, 59 FR
16140
Section 3....................... Required Actions......... 1/7/72 05/31/72, 37 FR Delaware removed
10842 the word
``standby'' from
Table III, Section
3B effective 5/28/
74, but did not
submit as a SIP
revision.
Section 4....................... Standby Plans............ 1/7/72 05/31/72, 37 FR
10842
----------------------------------------------------------------------------------------------------------------
Regulation 16--Sources Having an Interstate Air Pollution Potential
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 1/7/72 05/31/72, 37 FR Delaware revised
10842 provision
effective 5/28/74,
but did not submit
as a SIP revision
[[Page 305]]
Section 2....................... Limitations.............. 1/7/72 05/31/72, 37 FR
10842
Section 3....................... Requirements............. 1/7/72 05/31/72, 37 FR
10842
----------------------------------------------------------------------------------------------------------------
Regulation 17--Source Monitoring, Record-Keeping and Reporting
----------------------------------------------------------------------------------------------------------------
Section 1....................... Definitions and 1/11/93 02/28/96, 61 FR
Administrative 7453
Principles.
Section 2....................... Sampling and Monitoring.. 7/17/84 07/02/85, 50 FR Former SIP Sections
27244 1 through 5
respectively;
citation revised 2/
28/96, 62 FR
7453., Note:
Delaware revised
Sections 4 and 6
effective 1/11/93,
but did not submit
as a SIP revision
Section 3....................... Minimum Emission 1/10/77 8/25/81, 46 FR
Monitoring Requirements 43150
for Existing Sources.
Section 4....................... Performance 1/11/93 9/9/99 Former SIP Sections
Specifications. 1 through 5
respectively;
citation revised 2/
28/96, 62 FR 7453.
Section 5....................... Minimum Data Requirements 1/10/77 8/25/81, 46 FR
43150
Section 6....................... Data Reduction........... 1/11/93 9/9/99
Section 7....................... Emission Statement....... 1/11/93 02/28/96, 61 FR
7453
----------------------------------------------------------------------------------------------------------------
Regulation 23--Standards of Performance for Steel Plants: Electric Arc Furnaces
----------------------------------------------------------------------------------------------------------------
Section 1....................... Applicability............ 12/2/77 07/30/79, 44 FR Correction
44497 published 8/20/80,
45 FR 55422
Section 2....................... Definitions.............. 04/18/83 09/21/83, 49 FR
39061
Section 3....................... Standard for Particulate 04/18/83 09/21/83, 49 FR
Matter. 39061
Section 4....................... Monitoring of Operations. 12/2/77 07/30/79, 44 FR Correction
44497 published 8/20/80,
45 FR 55422.
Section 5....................... Test Methods and 12/2/77 07/30/79, 44 FR Correction
Procedures. 44497 published 8/20/80,
45 FR 55422
----------------------------------------------------------------------------------------------------------------
Regulation 24--Control of Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 1/11/93 5/3/95, 60 FR 21707
Section 2....................... Definitions.............. 10/11/98 3/11/99, 64 FR The revised
12087 definition of
``Exempt
compounds''
Section 3....................... Applicability............ 1/11/93 5/3/95, 60 FR 21707
Section 4....................... Compliance Certification, 11/29/94 01/26/96, 61 FR
Recordkeeping, and 2419
Reporting Requirements
for Coating Sources.
Section 5....................... Compliance Certification, 1/11/93 5/3/95, 60 FR 21707
Recordkeeping, and
Reporting Requirements
for Non-Coating Sources.
Section 6....................... General Recordkeeping.... 1/11/93 5/3/95, 60 FR 21707
Section 7....................... Circumvention............ 1/11/93 5/3/95, 60 FR 21707
Section 8....................... Handling, Storage, and 11/29/94 01/26/96, 61 FR
Disposal of Volatile 2419
Organic Compounds (VOCs).
Section 9....................... Compliance, Permits, 1/11/93 5/3/95, 60 FR 21707
Enforceability.
Section 10...................... Aerospace Coatings....... 11/29/94 01/26/96, 61 FR
2419
Section 11...................... Motor Vehicle Refinishing 11/29/94 01/26/96, 61 FR
2419
Section 12...................... Surface Coating of 11/29/94 01/26/96, 61 FR
Plastic Parts. 2419
Section 13...................... Automobile and Light-Duty 1/11/93 5/3/95, 60 FR 21707
Truck Coating Operations.
Section 14...................... Can Coating.............. 1/11/93 5/3/95, 60 FR 21707
Section 15...................... Coil Coating............. 1/11/93 5/3/95, 60 FR 21707
Section 16...................... Paper Coating............ 1/11/93 5/3/95, 60 FR 21707
Section 17...................... Fabric Coating........... 1/11/93 5/3/95, 60 FR 21707
Section 18...................... Vinyl Coating............ 1/11/93 5/3/95, 60 FR 21707
Section 19...................... Coating of Metal 1/11/93 5/3/95, 60 FR 21707
Furniture.
Section 20...................... Coating of Large 1/11/93 5/3/95, 60 FR 21707
Appliances.
Section 21...................... Coating of Magnet Wire... 11/29/94 01/26/96, 61 FR
2419
Section 22...................... Coating of Miscellaneous 1/11/93 5/3/95, 60 FR 21707
Metal Parts.
Section 23...................... Coating of Flat Wood 1/11/93 5/3/95, 60 FR 21707
Panelling.
Section 24...................... Bulk Gasoline Plants..... 1/11/93 5/3/95, 60 FR 21707
Section 25...................... Bulk Gasoline Terminals.. 11/29/94 01/26/96, 61 FR
2419
[[Page 306]]
Section 26...................... Gasoline Dispensing 1/11/93 5/3/95, 60 FR 21707
Facility--Stage I Vapor
Recovery.
Section 27...................... Gasoline Tank Trucks..... 1/11/93 5/3/95, 60 FR 21707
Section 28...................... Petroleum Refinery 1/11/93 5/3/95, 60 FR 21707
Sources.
Section 29...................... Leaks from Petroleum 11/29/94 01/26/96, 61 FR
Refinery Equipment. 2419
Section 30...................... Petroleum Liquid Storage 11/29/94 01/26/96, 61 FR
in External Floating 2419
Roof Tanks.
Section 31...................... Petroleum Liquid Storage 11/29/94 01/26/96, 61 FR
in Fixed Roof Tanks. 2419
Section 32...................... Leaks from Natural Gas/ 11/29/94 01/26/96, 61 FR
Gasoline Processing 2419
Equipment.
Section 33...................... Solvent Metal Cleaning... 11/29/94 01/26/96, 61 FR
2419
Section 34...................... Cutback and Emulsified 1/11/93 5/3/95, 60 FR 21707
Asphalt.
Section 35...................... Manufacture of 11/29/94 01/26/96, 61 FR
Synthesized 2419
Pharmaceutical Products.
Section 36...................... Stage II Vapor Recovery.. 1/11/93 6/10/94, 59 FR
29956
Section 37...................... Graphic Arts Systems..... 11/29/94 01/26/96, 61 FR
2419
Section 38...................... Petroleum Solvent Dry 1/11/93 5/3/95, 60 FR 21707
Cleaners.
Section 39...................... Perchloroethylene Dry 1/11/93 5/3/95, 60 FR 21707
Cleaning.
Section 40...................... Leaks from Synthetic 1/11/93 5/3/95, 60 FR 21707
Organic Chemical,
Polymer, and Resin
Manufacturing Equipment.
Section 41...................... Manufacture of High- 1/11/93 5/3/95, 60 FR 21707
Density Polyethylene,
Polypropylene and
Polystyrene Resins.
Section 42...................... Air Oxidation Processes 1/11/93 5/3/95, 60 FR 21707
in the Synthetic Organic
Chemical Manufacturing
Industry.
Section 43...................... Bulk Gasoline Marine Tank 11/29/94 01/26/96, 61 FR
Vessel Loading 2419
Facilities.
Section 44...................... Batch Processing 11/29/94 01/26/96, 61 FR
Operations. 2419
Section 45...................... Industrial Cleaning 11/29/940 1/26/96, 61 FR 2419
Solvents.
Section 47...................... Offset Lithographic 11/29/94 05/14/97, 62 FR
Printing. 26399
Section 48...................... Reactor Processes and 11/29/94 01/26/96, 61 FR
Distillation Operations 2419
in the Synthetic Organic
Chemical Manufacturing
Industry.
Section 49...................... Control of Volatile 11/29/94 01/26/96, 61 FR
Organic Compound 2419
Emissions from Volatile
Organic Liquid Storage
Vessels.
Section 50...................... Other Facilities that 11/29/94 03/12/97, 62 FR EPA effective date
Emit Volatile Organic 11329 for Sections
Compounds (VOCs). 50(a)(5) and
50(b)(3) is 5/1/98
Appendix ``A''.................. Test Methods and 11/29/94 01/26/96, 61 FR
Compliance Procedures: 2419
General Provisions.
Appendix ``B''.................. Test Methods and 1/11/93 5/3/95, 60 FR 21707
Compliance Procedures:
Determining the Volatile
Organic Compound (VOC)
Content of Coatings and
Inks.
Appendix ``C''.................. Test Methods and 1/11/93 5/3/95, 60 FR 21707
Compliance Procedures:
Alternative Compliance
Methods for Surface
Coating.
Appendix ``D''.................. Test Methods and 11/29/94 01/26/96, 61 FR
Compliance Procedures: 2419
Emission Capture and
Destruction or Removal
Efficiency and
Monitoring Requirements.
Appendix ``E''.................. Test Methods and 1/11/93 5/3/95, 60 FR 21707
Compliance Procedures:
Determining the
Destruction or Removal
Efficiency of a Control
Device.
Appendix ``F''.................. Test Methods and 1/11/93 5/3/95, 60 FR 21707 ...................
Compliance Procedures:
Leak Detection Methods
for Volatile Organic
Compounds (VOCs).
Appendix ``G''.................. Performance 1/11/93 5/3/95, 60 FR 21707 ...................
Specifications for
Continuous Emissions
Monitoring of Total
Hydrocarbons.
Appendix ``H''.................. Quality Control 1/11/93 5/3/95, 60 FR 21707 ...................
Procedures for
Continuous Emission
Monitoring Systems
(CEMS).
Appendix ``I''.................. Method to Determine 11/29/94 01/26/96, 61 FR ...................
Length of Rolling Period 2419
for Liquid-Liquid
Material Balance Method.
Appendix ``J''.................. Procedures for 1/11/93 6/10/94, 59 FR ...................
Implementation of 29956
Regulations Covering
Stage II Vapor Recovery
Systems for Gasoline
Dispensing Facilities.
Appendix ``J1''................. Certified Stage II Vapor 1/11/93 6/10/94, 59 FR ...................
Recovery Systems. 29956
Appendix ``J2''................. Pressure Decay/Leak Test 1/11/93 6/10/94, 59 FR ...................
Procedure for 29956
Verification of Proper
Functioning of Stage I &
Stage II Vapor Recovery
Equipment.
[[Page 307]]
Appendix ``J3''................. Dynamic Backpressure 1/11/93 6/10/94, 59 FR ...................
(Dry) Test and Liquid 29956
Blockage (Wet) Test
Procedure for
Verification of Proper
Functioning of Stage II
Vapor Balance Recovery
Systems.
Appendix ``K''.................. Emission Estimation 11/29/94 01/26/96, 61 FR ...................
Methodologies. 2419
Appendix ``L''.................. Method to Determine Total 11/29/94 01/26/96, 61 FR
Organic Carbon for 2419
Offset Lithographic
Solutions.
Appendix ``M''.................. Test Method for 11/29/94 01/26/96, 61 FR
Determining the 2419
Performance of
Alternative Cleaning
Fluids.
----------------------------------------------------------------------------------------------------------------
Regulation 25--Requirements for Preconstruction Review
----------------------------------------------------------------------------------------------------------------
Section 1....................... General provisions....... 1/1/93 2/7/01, 66 FR 9211 Excluding Sec.
(as 1.2, 1.6, 1.9(L),
revised 5/ 1.9(M), 1.9(N),
11/99) 1.9(O) which
relate to
Prevention of
Significant
Deterioration.
Section 2....................... Emission offset 1/1/93 2/7/01, 66 FR 9211
provisions. (as
revised 5/
11/99)
Section 3....................... Prevention of Significant 5/15/90 01/27/93, 58 FR
Deterioration of Air 26689
Quality.
----------------------------------------------------------------------------------------------------------------
Regulation 26--MOTOR VEHICLE EMISSIONS INSPECTION PROGRAM
----------------------------------------------------------------------------------------------------------------
Section 1....................... Applicability and 4/1/90 1/06/92, 57 FR 351 Regulation 26
Definitions. provisions apply
to Sussex County
only, effective 11/
1/99.
Section 2....................... General Provisions....... 4/1/90 1/06/92, 57 FR 351
Section 3....................... Registration Requirement. 5/9/85 12/08/86, 51 FR
44068
Section 4....................... Exemptions............... 4/1/90 01/06/92, 57 FR 351
Section 5....................... Enforcement.............. 7/6/82 10/17/83, 48 FR
46986
Section 6....................... Compliance, Waivers, 4/1/90 01/06/92, 57 FR 351
Extensions of Time, and
Repairs.
Section 7....................... Inspection Facility 7/6/82 10/17/83, 48 FR
Requirements. 46986
Section 8....................... Certification of Motor 7/6/82 10/17/83, 48 FR
Vehicle Officers. 46986
Section 9....................... Calibration and Test 7/6/82 10/17/83, 48 FR
Procedures and Approved 46986
Equipment.
Technical Memorandum 1.......... Motor Vehicle Inspection 4/1/90 01/06/92, 57 FR 351
and Maintenance Program
Vehicle Test Procedure
and Machine Calibration.
----------------------------------------------------------------------------------------------------------------
Regulation 27--Stack Heights
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 4/18/83 09/21/83, 48 FR
42979
Section 2....................... Definitions Specific to 12/7/88 06/29/90, 55 FR
this Regulation. 26689
Section 3....................... Requirements for Existing 2/18/87 06/29/90, 55 FR
and New Sources. 26689
Section 4....................... Public Notification...... 2/18/87 06/29/90, 55 FR
26689
----------------------------------------------------------------------------------------------------------------
Regulation 31--Low Enhanced Inspection and Maintenance Program
----------------------------------------------------------------------------------------------------------------
Section 1....................... Applicability............ 08/13/98 09/30/99 Provisions apply to
New Castle and
Kent Counties
Section 2....................... Low Enhanced I/M 08/13/98 09/30/99
performance standard.
Section 3....................... Network type and program 06/11/99 09/30/99
evaluation.
Section 4....................... Test Frequency and 06/11/99 09/30/99
Convenience.
Section 5....................... Vehicle Coverage-except 06/11/99 09/30/99 ...................
paragraph (4) which
applies to federal
facilities.
Section 6....................... Test Procedures and 06/11/99 09/30/99
Standards.
Section 7....................... Waivers and Compliance 08/13/98 09/30/99
Via Diagnostic
Inspection.
Section 8....................... Motorist Compliance 08/13/98 09/30/99
Enforcement.
Section 9....................... Enforcement Against 08/13/98 09/30/99
Operators and Motor
Vehicle Technicians.
Section 10...................... Improving Repair 08/13/98 09/30/99
Effectiveness.
Section 11...................... Compliance with Recall 08/13/98 09/30/99
Notices.
Section 12...................... On-Road Testing.......... 08/13/98 09/30/99
Section 13...................... Implementation Deadlines. 06/11/99 09/30/99
[[Page 308]]
Appendix 1(d)................... Commitment to Extend the 08/13/98 09/30/99
I/M Program to the
Attainment Date Letter
from Secretary Tulou to
EPA Administrator, W.
Michael McCabe.
Appendix 3 (a)(7)............... Exhaust Emission Limits 08/13/98 09/30/99
According to Model Year.
Appendix 3(c)(2)................ VMASTM Test Procedure.... 06/11/99 09/30/99
Appendix 4(a)................... Sections from Delaware 08/13/98 09/30/99
Criminal and Traffic Law
Manual.
Appendix 5(a)................... Division of Motor 08/13/98 09/30/99
Vehicles Policy on Out-
of-State Renewals.
Appendix 5(f)................... Clean Screening Vehicle 06/11/99 09/30/99
Exemption.
Appendix 6(a)................... Idle Emissions Test 06/11/99 09/30/99
Procedures.
Appendix 6(a)(5)................ Vehicle Emission Repair 08/13/98 09/30/99
Report Form.
Appendix 6(a)(8)................ Evaporative System 08/13/98 09/30/99
Integrity (Pressure)
Test.
Appendix 7(a)................... Emission Repair 08/13/98 09/30/99
Technician Certification
Process.
Appendix 8(a)................... Registration Denial 08/13/98 09/30/99
System Requirements
Definition.
Appendix 9(a)................... Enforcement Against 08/13/98 09/30/99
Operators and Inspectors.
----------------------------------------------------------------------------------------------------------------
Regulation 35--General Conformity
----------------------------------------------------------------------------------------------------------------
Section 1....................... Purpose.................. 8/14/96 07/15/97, 62 FR
37722
Section 2....................... Definitions.............. 8/14/96 07/15/97, 62 FR
37722
Section 3....................... Applicability............ 8/14/96 07/15/97, 62 FR
37722
Section 4....................... Conformity Analysis...... 8/14/96 07/15/97, 62 FR
37722
Section 5....................... Reporting Requirements... 8/14/96 07/15/97, 62 FR
37722
Section 6....................... Public Participation and 8/14/96 07/15/97, 62 FR
Consultation. 37722
Section 7....................... Frequency of Conformity 8/14/96 07/15/97, 62 FR
Determinations. 37722
Section 8....................... Criteria for Determining 8/14/96 07/15/97, 62 FR
Conformity of General 37722
Federal Actions.
Section 9....................... Procedures for Conformity 8/14/96 07/15/97, 62 FR
Determinations of 37722
General Federal Actions.
Section 10...................... Mitigation of Air Quality 8/14/96 07/15/97, 62 FR
Impacts. 37722
Section 11...................... Savings Provision........ 8/14/96 07/15/97, 62 FR
37722
----------------------------------------------------------------------------------------------------------------
Regulation 37--NOX Budget Program
----------------------------------------------------------------------------------------------------------------
Section 1....................... General Provisions....... 12/11/99 03/9/00, 65 FR
12483
Section 2....................... Applicability............ 12/11/99 03/9/00, 65 FR
12483
Section 3....................... Definitions.............. 12/11/99 03/9/00, 65 FR
12483
Section 4....................... Allowance Allocation..... 12/11/99 03/9/00, 65 FR
12483
Section 5....................... Permits.................. 12/11/99 03/9/00, 65 FR
12483
Section 6....................... Establishment of 12/11/99 03/9/00, 65 FR
Compliance Accounts. 12483
Section 7....................... Establishment of General 12/11/99 03/9/00, 65 FR
Accounts. 12483
Section 8....................... Opt In Provisions........ 12/11/99 03/9/00, 65 FR
12483
Section 9....................... New Budget Source 12/11/99 03/9/00, 65 FR
Provisions. 12483
Section 10...................... NOXAllowance Tracking 12/11/99 03/9/00, 65 FR
System (NATS). 12483
Section 11...................... Allowance Transfer....... 12/11/99 03/9/00, 65 FR
12483
Section 12...................... Allowance Banking........ 12/11/99 03/9/00, 65 FR
12483
Section 13...................... Emission Monitoring...... 12/11/99 03/9/00, 65 FR
12483
Section 14...................... Recordkeeping............ 12/11/99 03/9/00, 65 FR
12483
Section 15...................... Emissions Reporting...... 12/11/99 03/9/00, 65 FR
12483
Section 16...................... End-of-Season 12/11/99 03/9/00, 65 FR
Reconciliation. 12483
Section 17...................... Compliance Certification. 12/11/99 03/9/00, 65 FR
12483
Section 18...................... Failure to Meet 12/11/99 03/9/00, 65 FR
Compliance Requirements. 12483
Section 19...................... Program Audit............ 12/11/99 03/9/00, 65 FR
12483
Section 20...................... Program Fees............. 12/11/99 03/9/00, 65 FR
12483
Appendix A...................... NOX Budget Program-- 12/11/99 03/9/00, 65 FR
Budget Sources & 12483
Allowances.
Appendix B...................... NOX Budget Program--Final 12/11/99 03/9/00, 65 FR
OTC NOX Base-line 12483
Inventory.
----------------------------------------------------------------------------------------------------------------
(d) EPA approved State source specific requirements.
[[Page 309]]
EPA-Approved Delaware Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit number effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Getty Oil Co...................... 75-A-4............... 8/5/75 3/7/79, 44 FR 12423 Sec. 52.420(c)(11
)
Phoenix Steel Co.-Electric Arc 77-A-8............... 12/2/77 7/30/79, 44 FR 25223 Sec. 52.420(c)(12
Furnaces Charging & Tapping #2. )
Delmarva Power & Light--Indian 89-A-7/APC 89/197.... 2/15/89 1/22/90, 55 FR 2067 Sec. 52.420(c)(38
River. )
----------------------------------------------------------------------------------------------------------------
(e) [Reserved]
[63 FR 67410, Dec. 7, 1998, as amended at 64 FR 12087, Mar. 11, 1999; 64
FR 32189, June 16, 1999; 64 FR 48963, Sept. 9, 1999; 64 FR 52659, Sept.
30, 1999; 65 FR 2051, Jan. 13, 2000; 65 FR 12483, Mar. 9, 2000; 66 FR
9211, Feb. 7, 2001]
Effective Date Note 1: At 66 FR 27462, May 17, 2001, Sec. 52.420 was
amended by adding an entry in numerical order for Delaware Regulation
No. 39--Nitrogen Oxides Budget Trading Program in the ``EPA-Approved
Regulations in the Delaware SIP'' table in paragraph (c), effective July
16, 2001. For the convenience of the user the added text follows:
Sec. 52.420 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Regulation 39--Nitrogen Oxides (NOX) Budget Trading Program
----------------------------------------------------------------------------------------------------------------
Section 1........................ Purpose............. 12/11/00 5/17/01, 66 FR 27463 [Use this section as
necessary to
explain exceptions
or limitations]
Section 2........................ Emission Limitation. 12/11/00
Section 3........................ Applicability....... 12/11/00
Section 4........................ Definitions......... 12/11/00
Section 5........................ General Provisions.. 12/11/00
Section 6........................ NOX Authorized 12/11/00
Account
Representative for
NOX Budget Sources.
Section 7........................ Permits............. 12/11/00
Section 8........................ Monitoring and 12/11/00
Reporting.
Section 9........................ NATS................ 12/11/00
Section 10....................... NOX Allowance 12/11/00
Transfers.
Section 11....................... Compliance 12/11/00
Certification.
Section 12....................... End-of-Season 12/11/00
Reconciliation.
Section 13....................... Failure to Meet 12/11/00
Compliance
Requirements.
Section 14....................... Individual Unit Opt- 12/11/00
Ins.
Section 15....................... General Accounts.... 12/11/00
Appendix ``A''................... Allowance 12/11/00
Allocations to NOX
Budget Units.
Appendix ``B''................... Regulation No. 37-- 12/11/00
Regulation No. 39
Program Transition.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Effective Date Note 2: At 66 FR 32234, June 14, 2001, Sec. 52.420
was amended, effective Aug. 13, 2001.
a. In the table in paragraph (c) by revising the existing entries
for Regulation 12, Sections 1 to 7.
b. In the table in paragraph (d) by revising the title of the table
and by adding the entries for ``SPI Polyols, Inc.'', ``Citisteel'', and
``General Chemical Corp.'' at the end of the table.
The revisions and additions read as follows:
Sec. 52.420 Identification of plan.
* * * * *
[[Page 310]]
(c) * * *
EPA-Approved Regulations in the Delaware SIP
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Regulation 12--Control of Nitrogen Oxide Emissions
----------------------------------------------------------------------------------------------------------------
Section 1............... Applicability......... 11/24/93 6/14/01, 66 FR 32234
Section 2............... Definitions........... 11/24/93 6/14/01, 66 FR 32234
Section 3............... Standards............. 11/24/93 6/14/01, 66 FR 32234
Section 4............... Exemptions............ 11/24/93 6/14/01, 66 FR 32234
Section 5............... Alternative and 11/24/93 6/14/01, 66 FR 32234
Equivalent RACT
Determinations.
Section 6............... RACT Proposals........ 11/24/93 6/14/01, 66 FR 32234
Section 7............... Compliance 11/24/93 6/14/01, 66 FR 32234
Certification, Record
Keeping, and
Reporting
Requirements.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
(d) * * *
EPA-Approved Delaware Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit number effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
SPI Polyols, Inc........ Secretary's Order No. 07/11/00 6/14/01, 66 FR 32235.. Polyhydrate Alcohol's
2000-A-0033. Catalyst Regenarative
Process--Approved NOX
RACT Determination
Citisteel............... Secretary's Order No. 07/11/00 6/14/01, 66 FR 32235.. Electric Arc Furnace--
2000-A-0033. Approved NOX RACT
Determination
General Chemical Corp... Secretary's Order No. 07/11/00 6/14/01, 66 FR 32235.. (1) Sulfuric Acid
2000-A-0033. Process & Interstage
Absorption System (2)
Metallic Nitrite
Process--Approved NOX
RACT Determinations
----------------------------------------------------------------------------------------------------------------
Sec. 52.421 Classification of regions.
The Delaware plan was evaluated on the basis of the following
classifications:
[[Page 311]]
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Philadelphia Interstate................. I I III I I
Southern Delaware Intrastate......................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10856, May 31, 1972, as amended at 39 FR 16345, May 8, 1974]
Sec. 52.422 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Delaware's plan for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds that the plan satisfies all requirements of part
D, title 1, 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 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.
(b) Letter of February 26, 1993, from the Delaware Department of
Natural Resources and Environmental Control transmitting a commitment to
adopt either the Federal clean fuel fleet program or an alternative
substitute program by May 15, 1994.
[45 FR 14558, Mar. 6, 1980, as amended at 58 FR 50848, Sept. 29, 1993]
Sec. 52.423 1990 Base Year Emission Inventory.
EPA approves as a revision to the Delaware State Implementation Plan
the 1990 base year emission inventories for the Delaware ozone
nonattainment areas submitted by the Secretary of the Department of
Natural Resources and Environmental Control on May 27, 1994. This
submittal consists of the 1990 base year point, area, non-road mobile,
biogenic and on-road mobile source emission inventories in area for the
following pollutants: volatile organic compounds (VOC), carbon monoxide
(CO), and oxides of nitrogen (NOX).
[61 FR 1841, Jan. 24, 1996]
Sec. 52.424 Conditional approval.
(a)-(c) [Reserved]
(d) Revisions to the Delaware State Implementation Plan, Regulation
No. 12, pertaining to NOX RACT requirements on major sources
submitted on January 11, 1993 and amended on January 20, 1994 by the
Delaware Department of Natural Resources and Environmental Control, is
conditionally approved. Delaware must meet the following condition by no
later than July 17, 2000, in accordance with criteria defined in the EPA
Memorandum dated November 7, 1996 from the Director of the Air Quality
Strategies and Standards Division of the Office of Air Planning and
Standards, entitled ``Approval Options for Generic RACT Rules Submitted
to Meet the Non-CTG VOC RACT Requirement and Certain NOX RACT
Requirements.'' This memorandum is available, upon request, at the
office of the U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, PA 19103. This condition is:
(1) The DNREC must certify, in writing, that it has submitted, as
SIP revisions, RACT determinations for all sources subject to source-
specific NOX RACT requirements.
[62 FR 27197-27199, May 19, 1997, as amended at 63 FR 1368, Jan. 9,
1998; 63 FR 16435, Apr. 3, 1998; 64 FR 32189, June 16, 1999; 64 FR
52660, Sept. 30, 1999; 64 FR 55141, Oct. 12, 1999; 66 FR 9211, Feb. 7,
2001]
Effective Date Note: At 66 FR 32234, June 14, 2001, Sec. 52.424 was
amended by removing and reserving paragraph (d), effective Aug. 13,
2001.
[[Page 312]]
Sec. 52.425 [Reserved]
Sec. 52.426 Control strategy: ozone.
EPA fully approves, as a revision to the Delaware State
Implementation Plan, the 15 Percent Rate of Progress Plan for the
Delaware portion of the Philadelphia-Wilmington-Trenton severe ozone
nonattainment, namely Kent and New Castle Counties, submitted by the
Secretary of Delaware Department of Natural Resources and Environmental
Control on February 17, 1995.
[64 FR 55141, Oct. 12, 1999]
Secs. 52.427-52.429 [Reserved]
Sec. 52.430 Photochemical Assessment Monitoring Stations (PAMS)
Program.
On March 24, 1994 the Delaware Department of Natural Resources &
Environmental Control 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 the Delaware SIP. As with all components of the SIP,
Delaware must implement the program as submitted and approved by EPA.
[60 FR 47084, Sept. 11, 1995]
Sec. 52.431 [Reserved]
Sec. 52.432 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(l)(2) and (p) are hereby
incorporated and made a part of the applicable State plan for the State
of Delaware.
(c) Pursuant to 40 CFR 52.21(u) full delegation of authority for all
portions of the Federal PSD program, as described in 40 CFR 52.21, was
relinquished to the State of Delaware as of June 15, 1981. All
applications submitted as of that date and supporting information
required pursuant to Sec. 52.21 from sources located in the State of
Delaware shall be submitted to: Delaware Department of Natural Resources
and Environmental Control, Air Resources Section, Division of
Environmental Control, Edward Tatnall Building, P.O. Box 1401, Dover,
Delaware 19901.
[45 FR 52741, Aug. 7, 1980, and 46 FR 31262, June 15, 1981, as amended
at 47 FR 11014, Mar. 15, 1982]
Sec. 52.433 Requirements for state implementation plan revisions
relating to new motor vehicles.
Delaware must comply with the requirements of Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.460 Small business stationary source technical and
environmental compliance assistance program.
(a) On January 11, 1993, the Director of the Delaware Department of
Natural Resources and Environmental Control 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 revision, as required by title V of the Clean Air
Act. EPA approved the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program on May 17, 1994, and made it
a part of the Delaware SIP. As with all components of the SIP, Delaware
must implement the program as submitted and approved by EPA.
[59 FR 25572, May 17, 1994]
Sec. 52.465 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Delaware'' and all revisions submitted by Delaware that
were federally approved prior to July 1, 1998.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
[[Page 313]]
(1) Certification that public hearing was held on plan submitted on
February 11, 1972, by the Department of Natural Resources and
Environmental Control.
(2) Information on the geometric standard deviations of air quality
data submitted on March 7, 1972, by the Department of Natural Resources
and Environmental Control.
(3) Miscellaneous non-regulatory clarifications and amendments to
the plan submitted on May 5, 1972, by the Department of Natural
Resources and Environmental Control.
(4) Specification of attainment dates submitted on June 2, 1972, by
the Department of Natural Resources and Environmental Control.
(5) Periodic stack sampling requirements submitted on June 5, 1972,
by the Department of Natural Resources and Environmental Control.
(6) Miscellaneous non-regulatory additions to the plan submitted on
July 20, 1972, by the Delaware Water and Air Resource Commission.
(7) Backup information for the attainment of the Secondary SO2
standards in New Castle County submitted on November 14, 1972, by the
Department of Natural Resources and Environmental Control.
(8) Backup information for the attainment of the Secondary SO2
standards in New Castle County submitted on December 19, 1972, by the
Department of Natural Resources and Environmental Control.
(9) Amendments to Regulations I through XIV inclusive of the
Delaware Regulations Governing Air Pollution, and Amendments to the
Delaware Environmental Protection Act; submitted on January 16, 1975 by
the Delaware Department of Natural Resources and Environmental Control.
(10) Amendments to Section V (Surveillance) of the Delaware State
Implementation Plan and amendments to Section V (Surveillance) of the
New Castle County Portion of the Delaware State Implementation Plan,
covering changes to the air pollution monitoring system; submitted on
September 3, 1975 by the Delaware Department of Natural Resources and
Environmental Control.
(11) A Consent Order for the Getty Oil Company and the Delmarva
Power and Light Company submitted on August 5, 1975 by the Delaware
Department of Natural Resources and Environmental Control.
(12) Amendments to Regulations No. V, XIV, XVII, and a newly adopted
Regulation No. XXIII (Standards of Performance for Steel Plants:
Electric Arc Furnaces); and a Court of Chancery injunction to control
charging and tapping emissions for the Phoenix Steel Corporation's plant
in Claymont, Delaware submitted on December 2, 1977 and October 5, 1978,
respectively, by the Department of Natural Resources and Environmental
Control.
(13) On May 3, 1979, the Governor submitted the nonattainment area
plan for New Castle County with respect to ozone.
(14) A revision submitted by the State of Delaware on October 5,
1978 to eliminate certain outdated requirements relating to Regulations
V and XVIII and correction of typographical errors relating to
Regulations III, VIII, and XV.
(15) A revision submitted by the State of Delaware on March 19, 1980
which is intended to establish an Ambient Air Quality Monitoring
Network.
(16) Revisions to Delaware's Regulations I, II, III, IV, VIII, XII,
XIV, XV, and XVII submitted by the Delaware Department of Natural
Resources and Environmental Control on March 19, 1980.
(17) A revision submitted by the State of Delaware on September 7,
1977, consisting of an amendment to Delaware Regulations Governing Air
Pollution, Regulation XVII, establishing continuous emission monitoring
regulations.
(18) A revision submitted by the District of Columbia on May 16,
1979 which is intended to establish an Ambient Air Quality Monitoring
Network.
(19) A commitment to use available grants and funds to establish,
expand, and improve public transportation to meet basic transportation
needs, submitted on August 15, 1979 by the Delaware Transportation
Authority.
(20) A revised schedule for implementation of Delaware's inspection
and maintenance program submitted by
[[Page 314]]
September 10, 1980 by the Secretary, Delaware Department of Natural
Resources and Environmental Control.
(21) [Reserved]
(22) A revision submitted by the State of Delaware on August 7, 1978
consisting of two Executive Orders for financial disclosure of certain
State officials.
(23) Amendments to Regulations I (Definitions) and XXIV (Control of
Organic Compounds Emissions) submitted on December 23, 1980 by the
Secretary, Delaware Department of Natural Resources and Environmental
Control.
(24) A State Implementation Plan for the Control of lead emissions
submitted on December 23, 1980 by the Secretary, Delaware Department of
Natural Resources and Environmental Control.
(25) A revised schedule for implementation of Delaware's inspection
and maintenance program submitted on December 29, 1980 by the Secretary,
Delaware Department of Natural Resources and Environmental Control.
(26) Amendments to Regulation II (Registration and Permits) and XIII
(Open Burning) [non-regulatory] of the Delaware Regulations governing
the Control of Air Pollution submitted on September 22, 1981 by the
Secretary, Department of Natural Resources and Environmental Control.
(27) Amendments to Section 9.4 (Surface Coating operations) and 13.2
(Dry Cleaning) of Regulation XXIV (Control of Volatile Organic Compound
Emissions) of the Delaware Regulations governing the Control of Air
Pollution submitted on September 22, 1981 by the Secretary, Department
of Natural Resources and Environmental Control.
(28) Amendments to Regulations I (Definitions) and XXV Section
(Requirements for Preconstruction Review) pertaining to prevention of
significant deterioration submitted on December 29, 1980 by the
Secretary, Delaware Department of Natural Resources and Environmental
Control.
(29) A February 27, 1981 letter from the Delaware Department of
Natural Resources and Environmental Control to EPA pertaining to
procedures of notifying EPA of any PSD application for sources locating
within 100 kilometers of a Class I PSD area, as well as ensuring EPA in
any monitoring procedure, that the requirements of 40 CFR part 58 will
be specified.
(30) A revision submitted by the State of Delaware on October 14,
1982, consisting of amendments to Regulation No. II--Permits.
(31) Plan Revision providing for attainment of the Ozone standard
submitted by John E. Wilson, III to EPA on July 6, 1982.
(32) Stack height regulation, public notification plan, and other
miscellaneous revisions submitted to EPA on April 20, 1983.
(33) A revision submitted by the State of Delaware on September 26,
1983 consisting of amendments to Section 2.3 of Regulation Number XIV,
Section 2.3 of Regulation Number VII, and Section 9.7 and Table I(a) to
Regulation Number XXIV of the DelawareRegulations Governing the Control
of Air Pollution.
(34) Revisions to the Delaware Regulations Governing the Control of
Air Pollution were submitted by the Secretary on August 8, 1984.
(i) Incorporation by reference. (A) Amendments to Regulations II
(Permits); XIII (Open Burning); XIV (Visible Emissions); and XVII
(Source Monitoring, Record Keeping and Reporting).
(35) Revisions submitted by the State of Delaware on June 5, 1985
amending the State of Delaware Regulations Governing the Control of Air
Pollution, Regulation Nos. VIII, XIII, and XXVI.
(i) Incorporation by reference. (A) Revisions via Order No. 85-A-3
Exhibit A Amendment Nos. 2, 3, and 5, to the State of Delaware
Regulations Governing the Control of Air Pollution, Regulations VIII
sections 2.1-2.4, XIII section 1.2, and XXVI Table 2, pertaining to
sulfur in fuel oil, open burning, and motor vehicle emission testing,
respectively. These revisions were adopted by the Department of Natural
Resources and Environmental Control on May 9, 1985.
(ii) Additional information. (A) A letter dated July 9, 1985 from
Secretary John E. Wilson, III to Mr. James M. Seif, withdrawing certain
portions of the original SIP revision request pertaining to asbestos,
New Source Performance Standards (Regulation No.
[[Page 315]]
XX), and Emission Standards for Hazardous Air Pollutants (Regulation No.
XXI).
(B) A letter dated July 9, 1986 from Mr. Robert R. French to Mr.
James Sydnor withdrawing the request to delete the definitions of
``Reconstruction'' and ``Capital Expenditure'' from their new source
review regulations (Regulations I and XXV).
(36) [Reserved]
(37) Revision submitted by the State of Delaware on March 6, 1987,
consisting of amendment to Regulation II-Permits.
(i) Incorporation by reference. State of Delaware Order No. 87-A-2
(Introduction, Findings of Fad and (1) of the order which amends section
2.7 of Regulation II) which was issued on February 18, 1987.
(38) Revision to the Delaware State Implementation Plan
incorporation of a Conciliatory Order, was submitted on May 31, 1989.
The order is designed to reduce ambient sulfur dioxide levels around the
Delmarva Power and Light Company's Indian River power plant.
(i) Incorporation by reference.
(A) Letter dated May 31, 1989 from the State of Delaware containing
the Conciliatory Order for incorporation into the Delaware State
Implementation Plan.
(B) Conciliatory Order issued on May 31, 1989, for Delmarva Power
and Light Company's Indian River power plant.
(39) Revisions to the State Implementation Plan were submitted by
the Delaware Department of Natural Resources and Environmental Control
on March 6, 1987 (Secretary's Order No. 87-A-2). Revisions to the State
Implementation Plan submitted by the Delaware Department of Natural
Resources and Environmental Control on March 21, 1988 (Secretary's Order
No. 89-A-5).
(i) Incorporation by reference.
(A) Letter received on March 6, 1987, from the Delaware Department
of Natural Resources and Environmental Control submitting revisions to
the State Implementation Plan for EPA approval (portions of Secretary
Order No. 87-A-2).
(B) Letter dated December 21, 1988, from the Delaware Department of
Natural Resources and Environmental Control submitting revisions to the
State Implementation Plan for EPA approval (portions of Secretary Order
No. 89-A-5).
(C) Only those portions of Secretary's Order No. 87-A-2 issued on
February 18, 1987, which amend Regulation No. II, Stack Heights at
sections 2.2, 2.3, 2.4, and 2.5, pertaining to the definitions of the
terms excessive concentrations, nearby stack, and stack in existence;
and at sections 3.1, 3.2, and 3.3, pertaining to the requirements for
new and existing sources.
(D) Only those portions of Secretary's Order No. 89-A-5, issued on
December 7, 1988, which amend Regulation No. XXV, Requirements for
Preconstruction Review, at section 3.9(A) and Regulation No. XXVII,
Stack Heights at section 2 to include definitions of the terms emission
limitation and emission standard.
(40) [Reserved]
(41) Revision submitted by the State of Delaware on April 28, 1988
amending the hydrocarbon motor vehicle emission testing standards in
Regulation XXVI of the Delaware Regulations Governing the Control of Air
Pollution.
(i) Incorporation by reference. (A) Revisions via Order 88-A-2,
exhibit A, parts A and B, which is an amendment to Table 2 of Technical
Memorandum Number 2 entitled ``Motor Vehicle Inspection and Maintenance
Program Emission Limit Determination''. This revision was issued by the
State on December 29, 1987.
(42) Revisions to the State Implementation Plan submitted by the
Delaware Department of Natural Resources and Environmental Control on
December 12, 1985, pertaining to Delaware Regulation No. XXIV which
includes an alternative RACT standard for the zinc-rich weld-through
primer coating.
(i) Incorporation by reference.
(A) Letter from the Delaware Department of Natural Resources and
Environmental Control dated December 12, 1985 submitting a revision to
the Delaware State Implementation Plan, regarding changes to Regulation
No. XXIV to remove the word ``yearly'' from Tables I and I(a) and to
propose an alternative RACT standard for the zinc-rich primer coating.
(B) Those portions of Exhibit 13 of Order No. 85-A-5 amending
Regulation
[[Page 316]]
No. XXIV by 1) deleting the word ``yearly'' in Tables I and I(a) and (2)
adopting 4.0 as the Reasonably Available Control Technology (RACT)
emission limit for Zinc-rich Primer used in automobile surface coating.
(ii) Additional materials.
(A) Remainder of the State submittal.
(43) Revision to the State Implementation Plan submitted by the
Delaware Department of Natural Resources and Environmental Control on
March 6, 1990, amending portions of Regulation XXVI (26) of the Delaware
Regulations Governing the Control of Air Pollution by expanding the I/M
program statewide, adopting CO cutpoints statewide, modifying the test
procedures, and increasing the waiver cost repair limit.
(i) Incorporation by reference.
(A) Letter from the Delaware Department of Natural Resources and
Environmental Control dated March 6, 1990 submitting a revision to the
Delaware State Implementation Plan.
(B) Sections 1, 2, 4 and 6 of Regulation XXVI (26), Motor Vehicle
Emissions Inspection Program, of the Delaware Regulations Governing the
Control of Air Pollution and the two (2) Technical Memoranda, Numbers 1
and 2, which are appendices to Regulation XXVI (26), of the Delaware
Regulations Governing the Control of Air Pollution.
(ii) Additional materials--remainder of State submittal.
(44) Revisions to the State Implementation Plan submitted by the
Delaware Department of Natural Resources and Environmental Control on
July 6, 1990.
(i) Incorporation by reference.
(A) A letter from the Delaware Department of Natural Resources and
Environmental Control dated July 6, 1990 submitting a revision to the
Delaware State Implementation Plan, effective July 3, 1990.
(B) Regulation 1--Definitions and Administrative Principles.
(C) Regulation 24--Section 1, General Provisions; section 6, Bulk
Gasoline Plants; section 8, Petroleum Liquid Storage; section 9, Surface
Coating Operations; section 14, Petroleum Refinery Component Leaks; and
section 15, Rotogravure and Flexographic Printing.
(45) Revisions to the State Implementation Plan submitted by the
Delaware Department of Natural Resources and Environmental Control on
March 9, 1990.
(i) Incorporation by reference.
(A) Letter from the Delaware Department of Natural Resources and
Environmental Control dated March 6, 1990, submitting a revision to the
Delaware State Implementation Plan.
(B) The portion of Secretary Order 90-A-1 that amends Regulation
II--Permits--Section 3.1.b.1; and Regulation XXV--Requirements for
Preconstruction Review--Sections 1.9 (N) 1-4, 3.1, and 3.9. The
amendments to Regulation II and Regulation XXV were adopted on January
31, 1990, and were effective on May 15, 1990, in the state of Delaware.
(46) Revisions to the Delaware State Implementation Plan submitted
on January 11, 1993 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference. (A) Letter of January 11, 1993 from
the Delaware Department of Natural Resources & Environmental Control
transmitting Regulation 24--``Control of Volatile Organic Compound
Emissions'', effective January 11, 1993.
(B) Regulation 24--``Control of Volatile Organic Compound
Emissions'', Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37,
38, 39, 40, 41, 42, and Appendices A, B, C, D, E, F, G, & H.
(47) Revisions to the Delaware regulations for particulate matter
(PM-10) submitted on April 26, 1988 by the Delaware Department of
Natural Resources and Environmental Control:
(i) Incorporation by reference. (A) Letter of April 26, 1988 from
the Department of Natural Resources and Environmental Control
transmitting a revision to the Delaware State implementation plan for
particulate matter (PM-10) Group III areas.
(B) Revisions via Order No. 88-A-5, exhibit A, and Table 1. The
Order amends the following Delaware Regulations Governing the Control of
Air Pollution: Regulation 1--``Definitions and
[[Page 317]]
Administrative Principles''; Regulation 3--``Ambient Air Quality
Standards''; Regulation 15--``Air Pollution Alert and Emergency Plan'';
and Regulation 25--``Requirements for Preconstruction Review''. The
revisions were adopted on March 29, 1988 and became effective
immediately.
(ii) Additional materials.
(A) Remainder of the State implementation plan revision submitted by
the Delaware Department of Natural Resources and Environmental Control
on April 26, 1988.
(48) Revisions to the Delaware State Implementation Plan submitted
on January 20, 1994 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference.
(A) Letter of January 20, 1994 from the Delaware Department of
Natural Resources & Environmental Control transmitting Regulation 24--
Control of Volatile Organic Compound Emissions--Sections 50(a)(5) and
50(b)(3), effective November 24, 1993.
(B) Regulation 24--Control of Volatile Organic Compound Emissions,
Section 50--Other Facilities that Emit Volatile Organic Compounds--
Sections 50(a)(5) and 50(b)(3)--Non-CTG RACT, effective November 24,
1993.
(ii) Additional material.
(A) Remainder of January 20, 1994 State submittal pertaining to
Regulation 24, sections 50(a)(5) and 50(b)(30) referenced in paragraph
(c)(48)(i) of this section.
(49) Revisions to the Delaware State Implementation Plan submitted
on February 17, 1995 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference.
(A) Letter of February 17, 1995 from the Delaware Department of
Natural Resources & Environmental Control transmitting Regulation 13--
Open Burning, effective February 8, 1995.
(B) Regulation 13--Open Burning, effective February 8, 1995.
(C) Administrative changes to Regulation 1, Definitions and
Administrative Principles: addition of the following definitions:
``ceremonial fires'', ``conservation practices'', ``prescribed
burning'', and ``silviculture''; and revision to the following
definitions: ``open burning'', ``rubbish'', and ``trade waste'' adopted
February 8, 1995.
(ii) Additional material.
(A) Remainder of the February 17, 1995 State submittal pertaining to
Regulation 13--Opening Burning referenced in paragraph (c)(49)(i) of
this section.
(50) Revisions to the Delaware State Implementation Plan submitted
on January 11, 1993, by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference.
(A) Letter of January 11, 1993, from the Delaware Department of
Natural Resources & Environmental Control submitting and requesting
approval of Stage II Vapor Recovery Regulations for Gasoline Dispensing
Facilities.
(B) Addition of Section 36-Stage II Vapor Recovery and Appendix J-
Procedures for Implementation of Regulations Covering Stage II Vapor
Recovery Systems for Gasoline Dispensing Facilities to Regulation No.
24, ``Control of Volatile Organic Compound Emissions.'' Section 36 and
Appendix J have an effective date of January 11, 1993.
(ii) Additional materials.
(A) Delaware Secretary's Order No. 93-00078, issued January 11,
1993, adopting Stage II Vapor Recovery Regulations in the State.
(B) Remainder of the January 11, 1993, State submittal pertaining to
Section 36 and Appendix J of Regulation No. 24, Stage II Vapor Recovery
at Gasoline Dispensing Facilities.
(51) Revisions to the Delaware State Implementation Plan submitted
on January 20, 1994 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference. (A) Letter dated January 20, 1994,
from the Delaware DNREC transmitting an amendment to Regulation 24,
``Control of Volatile Organic Compound Emissions'', Section 43--``Other
Facilities that Emit VOCs'', effective November 24, 1993.
(B) Amendment to Regulation 24, ``Control of VOC Emissions'',
Section 43--``Other Facilities that Emit VOCs'', Sections 43(a)(1),
43(a)(2), 43(a)(3), 43(a)(4), 43(b)(1), 43(b)(2), 43(c), 43(d), 43(e),
and 43(f).
[[Page 318]]
(ii) Additional Material. (A) Remainder of January 11, 1993 and
January 20, 1994 State submittal pertaining to Regulation 24 referenced
in paragraphs (c)(46)(i) and (c)(51)(i) of this section.
(iii) Additional Information. (A) These rules supersede paragraph
(c)(44)(i)(C) of this section.
(52) Revisions to the Delaware State Implementation Plan submitted
by the Secretary, Delaware Department of Natural Resources and
Environmental Control, on January 11, 1993.
(i) Incorporation by reference.
(A) Letter dated January 11, 1993 from the Secretary, Delaware
Department of Natural Resources and Environmental Control, submitting a
revision to the Delaware State Implementation Plan.
(B) Amended section 2, Regulation 1 (Definitions and Administrative
Principles). Amended section 1, and added new section 7 of Regulation 17
(Source Monitoring, Recordkeeping and Reporting). The amendments to
Regulations 1 and 17, and the addition of section 7 of Regulation 17,
were effective on January 11, 1993. This revision consists of an
emission statement program for stationary sources which emit volatile
organic compounds (VOC) and/or nitrogen oxides (NOX) at or
above specified actual emission threshold levels. This program is
applicable state-wide.
(ii) Additional material.
(A) Remainder of January 11, 1993 state submittal pertaining to
Delaware Emission Statement Program.
(53) Revisions to the Delaware Regulations on the control of
volatile organic compound emissions from marine vessel transfer
operations submitted on August 26, 1994 by the Delaware Department of
Natural Resources & Environmental Control:
(i) Incorporation by reference.
(A) Letter of August 26, 1994 from the Delaware Department of
Natural Resources & Environmental Control transmitting Regulation 24,
``Control of Volatile Organic Compound Emissions'', by renumbering
existing Section 43, ``Other Facilities that Emit Volatile Organic
Compounds,'' to Section 50 and adding a new Section 43, ``Bulk Gasoline
Marine Tank Vessel Loading Facilities''.
(B) Administrative changes to Section 50: renumbering existing
Section 43 to Section 50, and Section 50(a)(1): renumbering 42 to 43;
and the new Section 43, effective August 26, 1994.
(ii) Additional material.
(A) Remainder of August 26, 1994 State submittal pertaining to
Regulation 24 referenced in paragraph (c)(53)(i) of this section.
(54) Revisions to the Delaware State Implementation Plan submitted
on December 19, 1994 by the Delaware Department of Natural Resources &
Environmental Control:
(i) Incorporation by reference.
(A) Letter of December 19, 1994 from the Delaware Department of
Natural Resources & Environmental Control transmitting Regulation 24--
``Control of Volatile Organic Compound Emissions'', effective November
29, 1994.
(B) Regulation 24--``Control of Volatile Organic Compound
Emissions'', Sections 10, 11, 12, 44, 45, 48, and 49 and appendices I,
K, L, and M, effective November 29, 1994.
(C) Administrative changes to Regulation 24, Section 2--Definitions:
Addition of sections 2(c) Basecoat; 2(j) Clearcoat; 2(x) Gloss
flattener; 2(bb) Internal Floating Roof; 2(gg) Liquid-mounted seal;
2(ss) Petroleum; 2(tt) Petroleum Liquid; 2(xx) Primer; 2(jjj) Storage
Vessel; 2(mmm) Transfer efficiency; 2(ppp) Vapor-mounted seal; and
2(ttt) Volatile Organic Liquid (VOL); and section 2(zz) by changing ASTM
D323-89 to ASTM D323-82, effective November 29, 1994.
(D) An Errata sheet of Regulation 24 with administrative changes to
Section 4--4(b) by renumbering section 13 to 10 and section 22 to 23,
4(b)(1)(iii) by renumbering section 13 to 10 and section 22 to 23, 4(c)
by renumbering section 22 to 23, 4(d) by renumbering section 22 to 23,
4(e) by renumbering section 13 to 10 and section 22 to 23, 4(e)(2)(iv)
by adding the following lines: section 10(e)(1)(iii), section 11(d),
section 12(e)(1)(iii), and section 23(e)(1)(iii), 4(e)(x) correcting 50
degrees F to 82 degrees F; Section 8--8(a)(2) by renumbering section 13
to 10; Section 21--21(a)(5) correcting the number 4 to 5; Section 25--
25(c)(4)(vi) by changing calibrated to calculated; Section 29--
29(i)(3)(i)(A) by correcting 0.09 to 0.044
[[Page 319]]
in Hg, 29(i)(3)(i)(B) by correcting 0.09 to 0.044 in Hg; Section 30--
30(b) by deleting definitions of liquid mounted seal and vapor mounted
seal that were added in Section 2--Definitions; Section 31--31(b) by
deleting definition of internal floating roof that was added to Section
2--Definitions, 31(e)(ii) by correcting letter i to ii; Section 33--
33(f)(3) by correcting (c)(3)(i)(B) to (c)(3)(ii)(B), Section 35--
35(c)(2)(i) by adding weight, 35(c)(3)(i) by adding by weight; Section
37--37(a)(1) by deleting of press ready ink; Section 43--43(a)(1) by
renumbering section 13 to 10 and section 42 to 49; Appendix A--(a) by
renumbering section 13(c)(1) or section 14 through 43 to section 19
through 50; Appendix D--(a)(2)(iii)(4) by deleting to be published,
effective November 29, 1994.
(ii) Additional Material.
(A) Remainder of December 19, 1994 State submittal pertaining to
Regulation 24 referenced in paragraphs (c)(54)(i).
(55) Revisions to the Delaware Regulations, Regulation 24, Section
47--Offset Lithographic Printing submitted on December 19, 1994 by the
Delaware Department of Natural Resources & Environmental Control
(DNREC):
(i) Incorporation by reference.
(A) Letter of December 19, 1994 from the Delaware DNREC transmitting
Regulation 24, Section 47--Offset Lithographic Printing, effective
November 29, 1994.
(B) Regulation 24, Section 47--Offset Lithographic Printing,
effective November 29, 1994.
(ii) Additional material from Delaware's December 19, 1994 submittal
pertaining to Section 47 of Regulation 24.
(58) Revisions to the Delaware State Implementation Plan on October
2, 1996 by the Delaware Department of Natural Resources & Environmental
Control:
(i) Incorporation by reference.
(A) A letter of October 2, 1996 from the Delaware Department of
Natural Resources & Environmental Control transmitting the General
Conformity Rule.
(B) Delaware Regulation 35--Conformity of General Federal Actions to
the State Implementation Plans (General Conformity), effective August
14, 1996.
(ii) Additional material from the Delaware's October 2, 1996
submittal pertaining to Regulation 35.
[37 FR 10856, May 31, 1972. Redesignated at 63 FR 67410, Dec. 7, 1998]
Editorial Note: For Federal Register citations affecting
Sec. 52.465, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Subpart J--District of Columbia
Sec. 52.470 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for the District of Columbia 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) and (d) of this section with an EPA approval date prior to July 1,
1998 was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after July 1, 1998, will be incorporated by reference in
the next update to the SIP compilation.
(2) EPA Region 3 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
implementation plan as of July 1, 1998.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 3 EPA Office at 1650 Arch Street, Philadelphia,
PA 19103; the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC; or at EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC
20460.
(c) EPA approved regulations.
[[Page 320]]
EPA-Approved District of Columbia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Chapter 1--General
----------------------------------------------------------------------------------------------------------------
Section 100..................... Purpose, Scope and 3/15/85 8/28/95, 60 FR
Construction. 44431
Section 101..................... Inspection............... 3/15/85 8/28/95, 60 FR
44431
Section 102..................... Orders for Compliance.... 3/15/85 8/28/95, 60 FR
44431
Section 104..................... Hearings................. 3/15/85 8/28/95, 60 FR
44431
Section 105..................... Penalty.................. 3/15/85 8/28/95, 60 FR
44431
Section 106..................... Confidentiality of 3/15/85 8/28/95, 60 FR
Reports. 44431
Section 107..................... Control Devices or 3/15/85 8/28/95, 60 FR
Practices. 44431
Section 199..................... Definitions and 4/29/97 12/7/99 Definitions of the
Abbreviations. 64 FR 68295 terms actual
emissions,
allowable
emissions, begin
actual
construction,
commence,
complete, major
modification,
major stationary
source, necessary
preconstruction
approvals, net
emissions
increase, new
source, potential
to emit,
shutdown, and
significant.
Section 8-2: 702................ Definitions; definition 7/7/72 9/22/72, 37 FR
of ``stack''. 19806
Section 8-2: 724................ Variances................ 7/7/72 9/22/72, 37 FR
19806
----------------------------------------------------------------------------------------------------------------
Chapter 2--General and Non-Attainment Area Permits
----------------------------------------------------------------------------------------------------------------
Section 200..................... General Permit 4/29/97 7/31/97, 62 FR
Requirements. 40937
Section 201..................... General Requirements for 4/29/97 7/31/97, 62 FR
Permit Issuance. 40937
Section 202..................... Modification, Revocation 4/29/97 7/31/97, 62 FR
and Termination of 40937
Permits.
Section 204..................... Requirements for Sources 4/29/97 7/31/97, 62 FR
Affecting Nonattainment 40937
Areas.
Section 206..................... Notice and Comment Prior 4/29/97 7/31/97, 62 FR
To Permit Issuance. 40937
Section 299..................... Definitions and 4/29/97 7/31/97, 62 FR Paragraphs (c)
Abbreviations. 40937 through (i), as
they apply to
operating permits
for sources not
subject to the
provisions of
Section 204
Section 8-2: 720................ Permits to Construct or 7/7/72 9/22/72, 37 FR
Modify; Permits to 19806
Operate.
----------------------------------------------------------------------------------------------------------------
Chapter 4--Ambient Monitoring and Emergency Procedures
----------------------------------------------------------------------------------------------------------------
Section 400..................... Air Pollution Monitoring. 3/15/85 8/28/95, 60 FR
44431
Section 401..................... Emergency Procedures..... 3/15/85 8/28/95, 60 FR
44431
Section 499..................... Definitions and 3/15/85 8/28/95, 60 FR
Abbreviations. 44431
----------------------------------------------------------------------------------------------------------------
Chapter 5--Source Monitoring and Testing
----------------------------------------------------------------------------------------------------------------
Sections 500.1 through 500.3.... Records, Reports and 3/15/85 8/28/95, 60 FR
Monitoring Devices. 44431
Sections 500.4, 500.5........... Records, Reports, and 9/30/93 1/26/95, 60 FR 5134
Monitoring Devices.
Section 500.6................... Records and Reports...... 09/30/93 10/27/99
64 FR 57780
Section 500.7................... Emission Statements...... 9/30/93 5/26/95, 60 FR
27944
Section 501..................... Monitoring Devices....... 3/15/85 8/28/95, 60 FR
44431
[[Page 321]]
Sections 502.1 through 502.15... Sampling, Tests and 3/15/85 8/28/95, 60 FR Exceptions:
Measurements. 44431 Paragraphs 5.11,
5.12 and 5.14 are
not part of the
SIP
Section 502.17.................. Sampling Tests, and 09/30/93 10/27/99
Measurements. 64 FR 57780
Section 502.18.................. Sampling, Tests and 9/30/93 1/26/95, 60 FR 5134
Measurements.
Section 599..................... Definitions and 09/30/93 10/27/99
Abbreviations. 64 FR 57780
----------------------------------------------------------------------------------------------------------------
Chapter 6--Particulates
----------------------------------------------------------------------------------------------------------------
Section 600..................... Fuel-Burning Particulate 3/15/85 8/28/95, 60 FR
Emissions. 44431
Section 601..................... Rotary Cup Burners....... 3/15/85 8/28/95, 60 FR
44431
Section 602..................... Incinerators............. 3/15/85 8/28/95, 60 FR
44431
Section 603..................... Particulate Process 3/15/85 8/28/95, 60 FR
Emissions. 44431
Section 604..................... Open Burning............. 3/15/85 8/28/95, 60 FR
44431
Section 605..................... Control of Fugitive Dust. 3/15/85 8/28/95, 60 FR
44431
Section 606..................... Visible Emissions........ 3/15/85 8/28/95, 60 FR
44431
Section 699..................... Definitions and 3/15/85 8/28/95, 60 FR
Abbreviations. 44431
----------------------------------------------------------------------------------------------------------------
Chapter 7--Volatile Organic Compounds
----------------------------------------------------------------------------------------------------------------
Section 700..................... Organic Solvents......... 03/15/85 10/27/99
64 FR 57780
Section 701.1 through 701.3..... Storage of Petroleum 03/15/85 10/27/99
Products. 64 FR 57780
Section 702..................... Control of VOC leaks from 03/15/85 10/27/99
Petroleum Refinery 64 FR 57780
Equipment.
Section 703.2, 703.3............ Terminal Vapor Recovery-- 03/15/85 10/27/99
Gasoline or VOCs. 64 FR 57780
Section 703.1, 703.4 through Terminal Vapor Recovery-- 09/30/93 10/27/99
703.7. Gasoline or VOCs. 64 FR 57780
Section 704..................... Stage I--Vapor Recovery.. 03/15/85 10/27/99
64 FR 57780
Section 705.4 through 705.14.... Stage II--Gasoline Vapor 03/15/85 10/27/99
Recovery. 64 FR 57780
Section 705.1 through 705.3..... Stage II--Gasoline Vapor 09/30/93 10/27/99
Recovery. 64 FR 57780
Section 706..................... Petroleum Dry Cleaners... 03/15/85 10/27/99
64 FR 57780
Section 707..................... Perchloroethylene Dry 03/15/85 10/27/99
Cleaning. 64 FR 57780
Section 708.1 through 708.8..... Solvent Cleaning......... 03/15/85 10/27/99
64 FR 57780
Section 708.9 through 708.12.... Solvent Cleaning......... 10/02/98 10/27/99
64 FR 57780
Section 709..................... Asphalt Operations....... 03/15/85 10/27/99
64 FR 57780
Section 710..................... Engraving and Plate 03/15/85 8/4/92 57 FR 34249
Printing.
Section 711..................... Pumps and Compressors.... 03/15/85 10/27/99
64 FR 57780
Section 712..................... Waste Gas Disposal from 03/15/85 10/27/99
Ethylene Producing Plant. 64 FR 57780
Section 713..................... Waste Gas Disposal from 03/15/85 10/27/99
Blow-down Systems. 64 FR 57780
Section 715..................... Reasonably Available 09/30/93 10/27/99
Control Technology. 64 FR 57780
Section 716..................... Offset Lithography....... 10/02/98 10/27/99
64 FR 57780
[[Page 322]]
Section 799..................... Definitions and 10/02/98 10/27/99
Abbreviations. 64 FR 57780
----------------------------------------------------------------------------------------------------------------
Chapter 8--Asbestos, Sulfur and Nitrogen Oxides
----------------------------------------------------------------------------------------------------------------
Section 801..................... Sulfur Content of Fuel 3/15/85 8/28/95, 60 FR
Oils. 44431
Section 802..................... Sulfur Content of Coal... 3/15/85 8/28/95, 60 FR
44431
Section 803..................... Sulfur Process Emissions. 3/15/85 8/28/95, 60 FR
44431
Section 804..................... Nitrogen Oxide Emissions. 3/15/85 8/28/95, 60 FR
44431
Section 805..................... Reasonably Available 11/19/93 Type: 12/26/00
Control Technology For and 12/8/
Major Stationary Sources 00
of Oxides of Nitrogen.
Section 899..................... Definitions and 3/15/85 8/28/95, 60 FR
Abbreviations. 44431
----------------------------------------------------------------------------------------------------------------
Chapter 9--Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants
----------------------------------------------------------------------------------------------------------------
Section 904..................... Oxygenated Fuels......... 09/30/93 1/26/95
60 FR 5134
----------------------------------------------------------------------------------------------------------------
Section 915..................... National Low Emission 02/11/00 07/20/00
Vehicle Program. 65 FR 44984
----------------------------------------------------------------------------------------------------------------
Chapter 10--Nitrogen Oxides Emissions Budget Program
----------------------------------------------------------------------------------------------------------------
Section 1000.................... Applicability............ 12/08/00 12/22/00,
65 FR 80784
Section 1001.................... General Provisions....... 12/08/00
Section 1002.................... Allowance Allocation..... 12/08/00
Section 1003.................... Permits.................. 12/08/00
Section 1004.................... Allowance Transfer and 12/08/00
Use.
Section 1005.................... Allowance Banking........ 12/08/00
Section 1006.................... NOX Allowance Tracking 12/08/00
System.
Section 1007.................... Emission Monitoring...... 12/08/00
Section 1008.................... Record Keeping........... 12/08/00
Section 1009.................... Reporting................ 12/08/00
Section 1010.................... End-Of-Season 12/08/00
Reconciliation.
Section 1011.................... Compliance Certification. 12/08/00
Section 1012.................... Penalties................ 12/08/00
Section 1013.................... Program Audit............ 12/08/00
Section 1099.................... Definitions and 12/08/00
Abbreviations.
----------------------------------------------------------------------------------------------------------------
Appendices
----------------------------------------------------------------------------------------------------------------
Appendix 1...................... Emission Limits for 03/15/85 8/28/95
Nitrogen Oxide. 60 FR 44431
Appendix 2...................... Table of Allowable 03/15/85 8/28/95
Particulate Emissions 60 FR 44431
from Process Sources.
Appendix 3...................... Allowable VOC Emissions 03/15/85 8/28/95
Under Section 710. 60 FR 44431
Appendix 5...................... Test Methods for Sources 10/02/98 10/27/99
of Volatile Organic 64 FR 57780
Compounds.
----------------------------------------------------------------------------------------------------------------
Title 18--Vehicles and Traffic
Chapter 4 Motor Vehicle Title and Registration
----------------------------------------------------------------------------------------------------------------
Section 411..................... Registration of Motor 10/10/86 June 11, 1999
Vehicles: General
Provisions.
Section 412..................... Refusal of Registration.. 10/17/97 June 11, 1999
Section 413..................... Application for 9/16/83 June 11, 1999
Registration.
Section 429..................... Enforcement of 3/4/83 June 11, 1999
Registration and
Reciprocity Requirements.
----------------------------------------------------------------------------------------------------------------
Chapter 6 Inspection of Motor Vehicles
----------------------------------------------------------------------------------------------------------------
Section 600..................... General Provisions....... 4/23/82 June 11, 1999
Section 602..................... Inspection Stickers...... 3/15/85 June 11, 1999
Section 603..................... Vehicle Inspection: 6/29/74; June 11, 1999
Approved Vehicles. Recodified
4/1/81
Section 604..................... Vehicle Inspection: 11/23/84 4/10/86, 51 FR
Rejected Vehicles. 12322
[[Page 323]]
Section 606..................... Vehicle Inspection: 6/29/74; June 11, 1999
Condemned Vehicles. Recodified
4/1/81
Section 607..................... Placement of Inspection 4/7/77; June 11, 1999
Stickers on Vehicles. Recodified
4/1/81
Section 608..................... Lost, Mutilated or 6/30/72; June 11, 1999
Detached Inspection Recodified
Stickers. 4/1/81
Section 609..................... Inspection of Non- 6/30/72; June 11, 1999
Registered Motor Recodified
Vehicles. 4/1/81
Section 617..................... Inspection Certification. 7/22/94 June 11, 1999
Section 618..................... Automotive Emissions 7/22/94 June 11, 1999
Repair Technician.
Section 619..................... Vehicle Emission Recall 10/17/97 June 11, 1999
Compliance.
----------------------------------------------------------------------------------------------------------------
Chapter 7 Motor Vehicle Equipment
----------------------------------------------------------------------------------------------------------------
Section 701..................... Historic Motor Vehicles.. 2/25/78; June 11, 1999
Recodified
4/1/81
Section 750..................... Exhaust Emission Systems. 4/26/77; June 11, 1999
Recodified
4/1/81
Section 751..................... Compliance with Exhaust 7/22/94 June 11, 1999
Emission Standards.
Section 752..................... Maximum Allowable Levels 10/17/97 June 11, 1999
of Exhaust Components.
Section 753..................... Inspection of Exhaust 5/23/83 4/10/86, 51 FR
Emission Systems. 12322
Section 754..................... Federal Transient 7/22/94 June 11, 1999
Emissions Test: Testing
Procedures.
Section 755..................... Federal Transient 7/22/94 June 11, 1999
Emissions Test:
Equipment.
Section 756..................... Federal Transient 7/22/94 June 11, 1999
Emissions Test: Quality
Assurance Procedures.
----------------------------------------------------------------------------------------------------------------
Chapter 11 Motor Vehicle Offenses and Penalties
----------------------------------------------------------------------------------------------------------------
Section 1101.................... Offenses Related to 6/30/72; June 11, 1999
Title, Registration, and Recodified
Identification Tags. 4/1/81
Section 1103.................... Offenses Related to 6/30/72; June 11, 1999
Inspection Stickers. Recodified
4/1/81
Section 1104.................... False Statements, 11/29/91 June 11, 1999
Alterations, Forgery,
and Dishonest Checks.
Section 1110.................... Penalties for Violations. 11/29/91 June 11, 1999.
----------------------------------------------------------------------------------------------------------------
Chapter 26 Civil Fines for Moving and Non-Moving Violations
----------------------------------------------------------------------------------------------------------------
Section 2600.1.................. Infraction: Inspection, 8/31/90 June 11, 1999
Registration
Certificate, Tags.
----------------------------------------------------------------------------------------------------------------
Chapter 99 Definitions
----------------------------------------------------------------------------------------------------------------
Section9901..................... Definitions.............. 10/17/97 June 11, 1999
----------------------------------------------------------------------------------------------------------------
(d) EPA approved State source specific requirements.
EPA-Approved District of Columbia Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
Name of Source Permit number State effective date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
General Services N/A--it is the Oct 17, 1997. Sept 30, 1999, 64 FR The following
Administration Central operating permit 52657.. portions of
Heating and Refrigeration issued to GSA by GSA's operating
Plant and West Heating Plant. the District of permit are not
Columbia on included in the
October 17, 1997. SIP: The
portion of
Condition 3
referring to
Table 1, Table
1, Condition 4,
Table 3, and
Condition 17.
----------------------------------------------------------------------------------------------------------------
[[Page 324]]
(e) [Reserved]
[63 FR 67417, Dec. 7, 1998, as amended at 64 FR 31500, June 11, 1999; 64
FR 52657, Sept. 30, 1999; 64 FR 57780, Oct. 27, 1999; 64 FR 68294, Dec
7, 1999; 65 FR 44984, July 20, 2000; 65 FR 80784, Dec. 22, 2000; 65 FR
81370, Dec. 26, 2000]
Effective Date Note: At 66 FR 23614, May 9, 2001, Sec. 52.470 was
amended in paragraph (c) in the table under Chapter 1 by adding a new
Section 199 after the existing entry for Section 199; under Chapter 5 by
revising the entry for Section 502.18; and under Chapter 9 by revising
the entry for Section 904, effective July 9, 2001. For the convenience
of the user, the revised text is set forth as follows:
Sec. 52.470 Identification of plan.
* * * * *
(c) EPA approved regulations.
EPA-Approved District of Columbia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/Subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
* * * * * *
Chapter 1--General
* * * * * *
Section 199...................... Definitions and 12/8/00 May 9, 2001......... Addition of the
Abbreviations. 66 FR 23614......... definition of the
word ``carrier'' to
subsection 199.1.
* * * * * *
Chapter 5--Source Monitoring and Testing
* * * * * *
Section 502.18................... Sampling Tests and 12/8/00 May 9, 2001......... Provision is amended
Measurements. 66 FR 23614......... by adding an
oxygenated gasoline
sampling procedure
and oxygen content
calculation.
* * * * * *
Chapter 9--Motor Vehicle Pollutants, Lead, Odors, and Nuisance Pollutants
Section 904...................... Oxygenated Fuels.... 7/25/97 May 9, 2001......... Addition of
66 FR 23614......... subsection 904.3 to
make the oxygenated
gasoline program a
CO contingency
measure.
* * * * * *
----------------------------------------------------------------------------------------------------------------
Sec. 52.471 Classification of regions.
The District of Columbia plan was evaluated on the basis of the
following classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
National Capital Interstate............................... I I III I I
----------------------------------------------------------------------------------------------------------------
[37 FR 10857, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46
FR 61263, Dec. 16, 1981]
Sec. 52.472 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves the District of Columbia's plan for the attainment and
maintenance of the national standards.
(b) With respect to the transportation control strategies submitted
on April 19, July 9, and July 16, 1973, the Administrator approves the
measures for parking surcharge, car pool locator, vehicle inspection,
express bus lanes, increased bus fleet and service, elimination of free
parking by private employers, with exceptions set forth in Secs. 52.476,
52.483, 52.486, and 52.479.
[[Page 325]]
(c) With the exceptions set forth in this subpart, the Administrator
approves the District of Columbia's plan for the attainment and
maintenance of the national standards under section 110 of the Clean Air
Act. Furthermore, the Administrator finds that the plan satisfies all
requirements of Part D, Title 1, of the Clean Air Act as amended in
1977.
(d) Section 710 of title 20 of the District of Columbia Regulations
is approved with the following condition: Any alternative controls or
exemptions under section 710.8 approved or granted by the District of
Columbia are subject to a public notice and public hearing requirements
and must be submitted to EPA as SIP revisions. Such alternatives or
exemptions are not effective until approved as SIP revisions by EPA.
(e) [Reserved]
(f) Disapproval of revisions to the District of Columbia State
Implementation Plan, District of Columbia Municipal Regulations (DCMR)
Title 20, Sections 200, 201, 202, 204 and 299, pertaining to permitting
of sources, and associated definitions in Section 199 submitted on June
21, 1985 and October 22, 1993 by the Mayor of the District of Columbia
(1985 submittal) and by the Administrator of the District of Columbia
Environmental Regulation Administration (1993 submittal). The
disapproved regulations include those applicable to major new and major
modified sources wishing to locate in the District. A new source review
program for such major sources is required under sections 182 and 184 of
the Clean Air Act. There are many deficiencies in the DCMR permitting
regulations. Some of these deficiencies are the lack of public notice
and comment procedures for new and modified sources applying for
construction permits, the existence of a provision that allows the Mayor
to grant indefinite 1-month temporary permits to those sources whose
permits he/she determines have been delayed because of his/her office,
the inclusion of a major source operating permit program, the inclusion
of a minor source operating permit program that does not meet Part D
requirements of the Act, the exemption of certain fuel burning (nitrogen
oxide emitting) sources, incorrect citations of the Clean Air Act, a
provision that allows circumvention of the offset requirement, and the
lack of the de minimis special modification provisions required in
serious and severe ozone nonattainment areas (section 182(c)(6) of the
Clean Air Act).
[38 FR 33709, Dec. 6, 1973, as amended at 46 FR 61263, Dec. 16, 1981; 57
FR 34251, Aug. 4, 1992; 60 FR 5136, Jan. 26 1995; 60 FR 15486, Mar. 24,
1995; 61 FR 2936, Jan. 30, 1996]
Sec. 52.473 [Reserved]
Sec. 52.474 1990 Base Year Emission Inventory.
(a) EPA approves as a revision to the District of Columbia
Implementation Plan the 1990 base year emission inventory for the
Washington Metropolitan Statistical Area, submitted by Director,
District of Columbia Consumer and Regulatory Affairs, on January 13,
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).
(b) EPA approves as a revision to the District of Columbia State
Implementation Plan the 1990 base year emission inventory for the
District's portion of the Metropolitan Washington DC ozone nonattainment
area submitted by the Director, DCRA, on January 13, 1994. This
submittal consists of the 1990 base year point, area, highway mobile,
non-road and biogenic source emission inventories in the area for the
following pollutants: Volatile organic compounds (VOC), carbon monoxide
(CO), and oxides of nitrogen (NOX).
(c) EPA approves as a revision to the District of Columbia State
Implementation Plan an amendment to the 1990 base year emission
inventories for the District's portion of the Metropolitan Washington,
D.C. ozone nonattainment area submitted by the Director, Department of
Consumer and Regulatory Affairs, on November 3, 1997. This submittal
consists of amendments to the 1990 base year point, area, highway
mobile, and non-road source emission inventories in the area for the
following
[[Page 326]]
pollutants: volatile organic compounds (VOC), and oxides of nitrogen
(NOX).
[61 FR 2936, Jan. 30, 1996, as amended at 62 FR 19679, Apr. 23, 1997; 63
FR 36858, July 8, 1998]
Sec. 52.475 Extensions.
The Administrator hereby approves a request to extend the attainment
date for the national ambient air quality standards for ozone to
November 15, 2005 for the Metropolitan Washington, DC ozone
nonattainment area.
[66 FR 631, Jan. 3, 2001]
Sec. 52.476 Control strategy: ozone.
(a) EPA approves as a revision to the District of Columbia State
Implementation Plan the 15 Percent Rate of Progress Plan for the
District of Columbia's portion of the Metropolitan Washington, D.C.
ozone nonattainment area, submitted by the Director of the District of
Columbia Department of Health on April 16, 1998.
(b) EPA is approving the District of Columbia's post-1996 (ROP) plan
SIP revision for the Washington area which was submitted on November 3,
1997, and supplemented on May 25, 1999.
(c) EPA approves the revisions to the State Implementation Plan
submitted by the District of Columbia Department of Health on April 24,
1998, October 27, 1998, and February 16, 2000, and only section 9.1.1.2
of the March 22, 2000 SIP supplement dealing with a commitment to revise
the 2005 attainment motor vehicle emissions budgets within one-year of
the EPA's release of the MOBILE6 model. The revisions are for the
purpose of satisfying the attainment demonstration requirements of
section 182(c)(2)(A) of the Clean Air Act for the Metropolitan
Washington, DC serious ozone nonattainment area. The revision
establishes an attainment date of November 15, 2005 for the Metropolitan
Washington, DC ozone nonattainment area. This revision establishes motor
vehicle emissions budgets for 2005 of 101.4 tons per day of volatile
organic compounds (VOC) and 166.7 tons per day of nitrogen oxides
(NOX) to be used in transportation conformity in the
Metropolitan Washington, DC. Serious ozone nonattainment area until
revised budgets based upon the MOBILE6 model are submitted and found
adequate. In the revision, the District of Columbia commits to revise
their VOC and NOX transportation conformity budgets within
one year of the release of the MOBILE6 model. The District of Columbia
also commits to conduct a mid-course review to assess modeling and
monitoring progress achieved towards the goal of attainment by 2007, and
submit the results to EPA by December 31, 2003.
[64 FR 42602, Aug. 5, 1999, as amended at 66 FR 631, Jan. 3, 2001]
Sec. 52.477 [Reserved]
Sec. 52.478 Rules and Regulations.
(a) On April 8, 1993, the District of Columbia submitted a letter to
EPA declaring that there are no sources located in the District
belonging to the following VOC categories:
(1) Automobile and light-duty truck manufacturing;
(2) Coating of cans, coils, paper, fabric and vinyl, metal
furniture, large appliances, magnet wire, miscellaneous metal parts and
products, and flatwood paneling;
(3) Storage of petroleum liquids in fixed-roof tanks and external
floating-roof tanks;
(4) Bulk gasoline plants and terminals;
(5) Petroleum refinery sources;
(6) Petroleum refinery equipment leaks;
(7) Manufacture of synthesized pharmaceutical products, pneumatic
rubber tires, vegetable oil, synthetic organic chemicals (fugitive VOCs
and air oxidation), and high density polyethylene, polypropylene and
polystyrene resins;
(8) Graphic arts systems;
(9) Storage, transportation and marketing of VOCs (fugitive VOCs
from oil and gas production and natural gas and gasoline processing).
(b) On September 4, 1997, the District of Columbia submitted a
letter to EPA declaring that there are no sources located in the
District which belong to the following VOC categories:
(1) Coating of plastic parts (business machines and other);
(2) Aerospace;
(3) Shipbuilding and repair;
(4) Automobile refinishing;
[[Page 327]]
(5) Industrial wastewater;
(6) Distillation or reactor or batch processes in the synthetic
organic chemical manufacturing industry;
(7) Volatile organic storage;
(8) Wood furniture coatings;
(9) Offset lithography;
(10) Clean-up solvents.
[64 FR 57781, Oct. 27, 1999]
Sec. 52.479 Source surveillance.
(a) [Reserved]
(b) The requirements of Sec. 51.213 are not met with respect to the
strategies for carpool locator service. The remaining transportation
measures in the previously federally-promulgated implementation plan
have been mooted by court decision (District of Columbia v. Costle, 567
F. 2d 1091 (D.C. Cir 1977)) or rescinded by EPA.
[46 FR 61263, Dec. 16, 1981, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.480 Photochemical Assessment Monitoring Stations (PAMS)
Program.
On January 14, 1994 the District of Columbia's Department of
Consumer and Regulatory Affairs 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 the District of Columbia SIP. As with all
components of the SIP, the District of Columbia must implement the
program as submitted and approved by EPA.
[60 FR 47084, Sept. 11, 1995]
Secs. 52.481-52.497 [Reserved]
Sec. 52.498 Requirements for state implementation plan revisions
relating to new motor vehicles.
The District of Columbia must comply with the requirements of
Sec. 51.120.
[60 FR 4737, Jan. 24, 1995]
Sec. 52.499 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 (b) through (w) are hereby
incorporated and made a part of the applicable state plan for the
District of Columbia.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]
Sec. 52.510 Small business assistance program.
On October 22, 1993, the Administrator of the District of Columbia
Environmental Regulation Administration submitted a plan for the
establishment and implementation of a Small Business Technical and
Environmental Compliance Assistance Program as a state implementation
plan revision (SIP), as required by title V of the Clean Air Act. EPA
approved the Small Business Technical and Environmental Compliance
Assistance Program on August 17, 1994 and made it part of the District
of Columbia SIP. As with all components of the SIP, the District of
Columbia must implement the program as submitted and approved by EPA.
[59 FR 42168, Aug. 17, 1994]
Sec. 52.515 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the District of Columbia'' and all revisions submitted by the
District of Columbia that were federally approved prior to July 1, 1998.
(b) The above plan was officially submitted on January 31, 1972, by
the Mayor/Commissioner.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Control strategies for sulfur oxides and particulate matter were
defined by the District's ``Implementation Plan for Controlling Sulfur
Oxide and Particulate Air Pollutants'' submitted on August 14, 1970, by
the District of Columbia.
[[Page 328]]
(2) Addition to Permit to Construct regulation, Section 8-2:720 of
the District of Columbia Control Regulations, plus miscellaneous non-
regulatory revisions to the plan submitted April 28, 1972, by the
District of Columbia.
(3) Particulate matter emission rate graph submitted on January 29,
1973, by the Department of Environmental Services.
(4) Plan revisions were submitted on January 29, 1973, by the
Department of Environmental Services.
(5) Transportation Control Plans for the District of Columbia's
portion of National Capital AQCR submitted on April 20, 1973, by the
Mayor/Commissioner.
(6) Amendments to the Transportation Control Plan for the District
of Columbia submitted on July 9, 1973, by the Mayor/Commissioner.
(7) Amendments to the Transportation Control Plan for the District
of Columbia submitted on July 16, 1973, by the Mayor/Commissioner.
(8) Amendments to Sections 8-2:702 (Definitions) and 8-2:707,
(Control of Organic Compounds), subsections (a), (b), (c), (d), (e), and
(f) of the District of Columbia Air Quality Control Regulations
submitted on March 22, 1974 by the Mayor/Commissioner.
(9) Amendments to Sections 8-2:704 and 8-2:705 of the District of
Columbia Air Quality Control Regulations submitted on February 25, 1976
by the Mayor.
(10) Section 8-2:709 and Section 8-2:724 are amended to limit
particulate emissions to .08 grains per day standard cubic foot at Solid
Waste Reduction Center 1 (S.W.R.C. 1) and allow continued operation of
S.W.R.C. 1 respectively; submitted July 17, 1975 by the District of
Columbia.
(11) Amendments to Sections 8-2:704 (Use of Certain Fuel Oils
Forbidden), 8-2:705 (Use of Certain Coal Forbidden), and 8-2:713
(Visible Emissions) of the District of Columbia Air Quality Control
Regulations submitted on March 3, 1977 by the Mayor.
(12) Amendments to Sections 8-2:702 (Definitions), 8-2:708 (Fuel
Burning Particulate Emission) and 8-2:720 (Permits to Construct or
Modify, Permits to Operate); an amendment deleting Appendix 1 from the
District of Columbia Air Quality Control Regulations submitted by the
Mayor on May 25, 1978.
(13) Amendments to Sections 8-2:704 (Allowable Sulfur Content in
Fuel Oil) and 8-2:705 (Allowable Sulfur Content in Coal) of the
District's Air Quality Control Regulations submitted on December 27,
1978, by Mayor Walter E. Washington is hereby approved until December
31, 1980.
(14)-(15) [Reserved]
(16) Amendments to Sections 8-2:702 (Definition Changes), 8-2:708
(Performance Testing), 8-2:713 (Visible Emissions), 8-2:718 (Emission
Testing), 8-2:726 (Penalties) of the District's Air Quality Control
Regulations, and Section 6-812(a)(5) (Penalties) of the District of
Columbia's Air Quality Control Act submitted on December 27, 1978 by
Mayor Walter E. Washington.
(17) Amendments to Sections 8-2:704 (Allowable Sulfur Content in
Fuel Oil) and 8-2:705 (Allowable Sulfur Content in Coal) of the
District's Air Quality Control Regulations submitted on December 27,
1978, by Mayor Walter E. Washington are approved indefinitely.
(18) Amendments to Regulations I (Definitions), XXIV (Control of
Volatile Organic Compounds Emissions) and XXV (Requirements for
Preconstruction Review) submitted on March 19, 1980 by the Secretary,
Delaware Department of Natural Resources and Environmental Control.
(19) The Plan revision entitled ``Revisions to the Implementation
Plan for the District of Columbia for Attainment of the National Ambient
Air Quality Standards for Particulates, Oxidants and Carbon Monoxide''
for all areas designated nonattainment as of March 3, 1978 and September
12, 1978 submitted on December 26, 1979 by the Mayor. Included was a
request for revocation and/or revision of sections of subpart J which
have been mooted by court decision (District of Columbia v. Costle, 567
F. 2d 1091 (D.C. Cir. 1977)), Congressional action, or rescission by
EPA.
(20) Inspection and Maintenance Program Amendments to the
transportation control portion of the nonattainment plan were submitted
by the Mayor on September 7, 1979 and May 6, 1981.
[[Page 329]]
(21) Amendments to the District's Air Quality Control Regulations
for control of particulate matter, carbon monoxide and ozone were
submitted by the Mayor on June 23, 1981.
(22) The Washington, DC Implementation Plan for maintaining the
National Ambient Air Quality Standard for lead submitted on October 7,
1982 by the Mayor.
(23) Revision for Public Notification of Air Quality, submitted on
December 5, 1983.
(24) Revision for Conflict of Interest procedures, submitted on
December 6, 1983.
(25) Plan revision, excluding the required vehicle emission
inspection program, providing for attainment of the Ozone and Carbon
Monoxide Standards, submitted by the District of Columbia on December
28, 1982 and April 15, 1983.
(26) Revision to the 1982 District of Columbia Ozone and Carbon
Monoxide Attainment Plan consisting of an approvable vehicle emission
inspection and maintenance program, therefore, completing all necessary
requirements for attainment of the Ozone and Carbon Monoxide standards;
submitted by the Mayor on May 3, 1985. See paragraph (c)(25) of this
section for date of original submittal.
(i) Incorporation by reference.
(A) Amendment to section 604 (Vehicle Inspection: Rejected Vehicles)
of Title 18 of the District of Columbia Municipal Regulations as
published in the District of Columbia Register on November 23, 1984.
(27) Revisions to the State Implementation Plan submitted by the
Mayor of the District of Columbia on June 21, 1985, which define and
impose RACT to control volatile organic compound emissions from
engraving and plate printing sources.
(i) Incorporation by reference.
(A) A letter from the Mayor of the District of Columbia dated June
21, 1985, submitting revision to the District of Columbia State
Implementation Plan, and a letter from the District of Columbia
Department of Consumer and Regulatory Affairs dated April 1, 1992,
formally submitting additional information supplementing the June 21,
1985 submittal.
(B) Section 710 of title 20, submitted June 21, 1985 and effective
March 15, 1985.
(28) Revisions to 20 District of Columbia Municipal Regulations
(DCMR) pertaining to oxygenated gasoline submitted on October 22, 1993
by the District of Columbia's Department of Consumer and Regulatory
Affairs.
(i) Incorporation by reference.
(A) Letter of October 22, 1993 from the District of Columbia's
Department of Consumer and Regulatory Affairs transmitting the
oxygenated gasoline regulations.
(B) District of Columbia Register dated July 30, 1993 containing 20
DCMR chapter 1, Section 199 definitions for the terms blending plant,
distributor, non-oxygenated gasoline, oxygenate, oxygenated gasoline,
oxygenated gasoline control period, oxygenated gasoline control area,
refiner, refinery, retailer, retail outlet, terminal, wholesale
purchaser-consumer; Chapter 5, Section 500, subsections 500.4 and 500.5;
chapter 5, section 502, subsection 502.18; Chapter 9, section 904,
subsections 904.1 and 904.2, effective September 30, 1993.
(ii) Additional material.
(A) Remainder of October 22, 1993 District of Columbia submittal.
(29)-(31) [Reserved]
(32) Revisions to the District of Columbia Regulations State
Implementation Plan submitted on October 22, 1993 by the Government of
the District of Columbia Department of Consumer and Regulatory Affairs.
(i) Incorporation by reference.
(A) Letter of October 22, 1993 from the Government of the District
of Columbia Department of Consumer and Regulatory Affairs transmitting a
revised regulation which require owners of stationary sources to submit
emission statements annually.
(B) D.C. ACT 10-56 amendments to District of Columbia Air Pollution
Control Act of 1984, Section 20 DCMR 199, specifically the addition of
new definitions, and the addition of Section 20 DCMR 500.7. Effective on
September 30, 1993.
(33) [Reserved]
(34) Revisions to Title 20 the District of Columbia Municipal
Regulations (DCMR) on June 21, 1985 by the District of Columbia:
[[Page 330]]
(i) Incorporation by reference.
(A) Letter of June 21, 1985 from the Mayor of the District of
Columbia transmitting Act 5-165, representing the air pollution cotrol
regulations codified in 20 DCMR.
(B) The revised provisions of 20 DCMR, effective March 15, 1985, as
described below:
(1) Chapter 1--General.
Section 100 (Purpose, Scope, and Construction), subsections 100.1
through 100.5
Section 101 (Inspection), subsection 101.1
Section 102 (Orders for Compliance), subsections 102.1 through 102.3
Section 104 (Hearings), subsections 104.1 through 104.5
Section 105 (Penalty), subsections 105.1 through 105.4
Section 106 (Confidentiality of Reports), subsections 106.1 and 106.2
Section 107 (Control Devices or Practices), subsections 107.1 through
107.4
Section 199 The following definitions and abbreviations:
Definitions (Section 199.1)--Added: Affected facility, Building,
structure, facility, or installation, Cartridge filter, Component,
Containers and conveyers of solvent, Crude oil, Cylinder wipe, Emission
unit, Federally enforceable, Flexography, Fugitive emission, Gas
services, Gas services for pipeline/valves and pressure relief valves,
Gravure, Heatset, Hydrocarbon, Ink, Inking cylinder, Innovative control
technology, Intaglio, Leaking component, Lease custody transfer,
Letterpress, Letterset, Liquid service, Necessary preconstruction, Net
emission increase, Offset printing process, Offset lithography, Paper
wipe, Perceptible, leak, Petroleum solvent, Plate, Printing, Printing
operation, Printing Unit, Refinery operator, Refinery unit, Routing,
Secondary emissions, Substrate, Vacuum still, Valves not externally
regulated, Water-based solvent, Wiping solution. Revised: Air pollution,
Distillate oil, Dry cleaning, Existing source, Fugitive dust,
Incinerator, Loading facilities, Person, Start-up, Stationary source,
Vapor tight, Wipe cleaning.
Unchanged from Section 8-2:702: Air Pollutant, Control Device,
Conveyorized Degreaser, Cutback Asphalt, Cold Cleaner, District,
Emission, Episode Stage, Fossil Fuel, Fossil-Fuel-Fired Steam-Generating
Unit, Freeboard, Fuel Burning Equipment, Gasoline, Malfunction, Multiple
Chamber Incinerator, Opacity, Open-top Vapor Degreaser, Organic
Solvents, Particulate Matter, Photochemically Reactive Solvent, Process,
Process Weight, Process Rate Per Hour, Ringelmann Smoke Chart, Smoke,
Solid Waste, Standard Conditions, Submerged Fill Pipe, Volatile Organic
Compounds.
Abbreviations (Section 199.2)--Added: CFR, EPA, ppmv Unchanged from
Section 8-2:702: B.T.U., cal., CO, COHs, cfm, g., Hi-Vol., hr., lb.,
max., NO2, No., ppm, psia, SO2, g/
m3, U.L.
Note: Section 199 of Chapter 1 lists all of the applicable
definitions and abbreviations, while Sections X99.1 and X99.2 of each
chapter contain a cross-reference to definitions listed in Section 199.1
and abbreviations listed in Section 199.2.
(2) Chapter 4--Ambient Monitoring and Emergency Procedures.
Section 400 (Air Pollution Reporting Index), subsection 400.1
Section 401 (Emergency Procedures), subsections 401.1 through 401.4,
401.2 through 401.8, 401.7 (duplicate) and 401.8 (duplicate)
Section 499 (Definitions and Abbreviations), subsections 499.1 and
499.2
(3) Chapter 5--Source Monitoring and Testing.
Section 500 (Source Monitoring and Testing), subsections 500.1 through
500.3
Section 501 (Monitoring Devices), subsections 501.1 through 501.3
Section 502 (Sampling, Tests, and Measurements), subsections 502.1
through 502.15 (except for subsections 502.11, 502.12, and 502.14)
Section 599 (Definitions and Abbreviations), subsections 599.1 and
599.2
(4) Chapter 6--Particulates.
Section 600 (Fuel-Burning Particulate Emission), subsections 600.1
through 600.7
Section 601 (Rotary Cup Burners), subsections 601.1 and 601.2
Section 602 (Incinerators), subsections 602.1 through 602.6
Section 603 (Particulate Process Emissions), subsections 603.1 through
603.3
Section 604 (Open Burning), subsections 604.1 and 604.2
Section 605 (Control of Fugitive Dust), subsections 605.1 through 605.4
Section 606 (Visible Emissions), subsections 606.1 through 606.9
Section 699 (Definitions and Abbreviations), subsections 699.1 and
699.2
(5) Chapter 8--Asbestos, Sulfur and Nitrogen Oxides.
Section 801 (Sulfur Content of Fuel Oils), subsection 801.1
Section 802 (Sulfur Content of Coal), subsections 802.1 and 802.2
Section 803 (Sulfur Process Emissions), subsections 803.1 through 803.4
Section 804 (Nitrogen Oxide Emissions), subsection 804.1
Section 899 (Definitions and Abbreviations), subsections 899.1 and
899.2
[[Page 331]]
(6) Appendices.
Appendix No. 1 (Emission Limits for Nitrogen Oxide)
Appendix No. 2 [Table of Allowable Particulate Emissions from Process
Sources]
Appendix No. 3 [Allowable VOC Emissions under Section 710]
(7) Deletion of the following SIP provisions:
Section 8-2:721 (Complaints and Investigations)
Section 8-2:730 (Independence of Sections)
Section 8-2:731 (Effective Date)
The following definitions and abbreviations:
Definitions: Act, Air quality standard of the District of Columbia,
Dry cleaning operation, Freeboard ratio, Mayor, Vehicular fuel tank.
Abbreviations: (Degree), VOC, ``%''.
(ii) Additional material.
(A) Remainder of June 21, 1985 District of Columbia submittal
pertaining to the provisions listed above.
(35) [Reserved]
(36) The carbon monoxide redesignation and maintenance plan for the
District of Columbia submitted by the District of Columbia Department of
Consumer and Regulatory Affairs on October 12, 1995, as part of the
District of Columbia SIP. The emission inventory projections are
included in the maintenance plan.
(i) Incorporation by reference.
(A) Letter of October 12, 1995 from the District of Columbia
Department of Consumer and Regulatory Affairs requesting the
redesignation and submitting the maintenance plan.
(B) Maintenance Plan for the Metropolitan Washington Carbon Monoxide
Nonattainment Area adopted on September 20, 1995.
(ii) Additional material.
(A) Remainder of October 12, 1995 State submittal.
(37) Revisions to the District of Columbia Municipal Regulations
submitted on May 2, 1997 and May 9, 1997 by the District of Columbia
Department of Consumer and Regulatory Affairs:
(i) Incorporation by reference.
(A) Letter of April 29, 1997 from the Department of Consumer and
Regulatory Affairs transmitting new source review (NSR) program.
(B) Regulations adopted on April 29, 1997; Title 20 of the District
of Columbia Municipal Regulations (DCMR) Chapter 2, sections 200 (as
amended), 201, 202, 204 (as amended), 206, 299 and the amended
definition of ``modification'' in Chapter 1, section 199.
(ii) Additional material.
(A) Remainder of May 2, 1997 State submittal.
(B) District Register for May 9, 1997.
[37 FR 19814, Sept. 22, 1972. Redesignated at 63 FR 67417, Dec. 7, 1998]
Editorial Note: For Federal Register citations affecting
Sec. 52.515, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Subpart K--Florida
Sec. 52.520 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Florida 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) and (d) of this section with an EPA approval date prior to July 1,
1998, was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after July 1, 1998, will be incorporated by reference in
the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State implementation plan as of
July 1, 1998.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303; the Office of Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC; or at the EPA, Air
[[Page 332]]
and Radiation Docket and Information Center, Air Docket (6102), 401 M
St., SW., Washington, DC 20460.
(c) EPA approved regulations.
EPA Approved Florida Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Explanation
date
----------------------------------------------------------------------------------------------------------------
62-204 Air Pollution Control--General Provisions
----------------------------------------------------------------------------------------------------------------
62-204.100...................... Purpose and Scope........... 03/13/96 06/16/99 ...............
62-204.200...................... Definitions................. 03/13/96 06/16/99 ...............
62-204.220...................... Ambient Air Quality 03/13/96 06/16/99 ...............
Protection.
62-204.240...................... Ambient Air Quality 03/13/96 06/16/99 ...............
Standards.
62-204.260...................... Prevention of Significant 03/13/96 06/16/99 ...............
Deterioration Increments.
62-204.320...................... Procedures for Designation 03/13/96 06/16/99 ...............
and Redesignation of Areas.
62-204.340...................... Designation of Attainment, 03/13/96 06/16/99 ...............
Nonattainment, and
Maintenance Areas.
62-204.360...................... Designation of Prevention of 03/13/96 06/16/99 ...............
Significant Deterioration
Areas.
62-204.400...................... Public Notice and Hearing 11/30/94 06/16/99 ...............
Requirements for State
Implementation Plan
Revisions.
----------------------------------------------------------------------------------------------------------------
62-210 Stationary Sources--General Requirements
----------------------------------------------------------------------------------------------------------------
62-210.100...................... Purpose and Scope........... 11/23/94 06/16/99 ...............
62-210.200...................... Definitions................. 10/15/96 05/27/98, 63 FR ...............
28905
62-210.220...................... Small Business Assistance 10/15/96 05/27/98, 63 FR ...............
Program. 28905
62-210.300...................... Permits Required............ 08/15/96 01/17/97, 62 FR 2587 ...............
62-210.350...................... Public Notice and Comment... 11/23/94 06/16/99 ...............
62-210.360...................... Administrative Permit 11/23/94 06/16/99 ...............
Corrections.
62-210.370...................... Reports..................... 11/23/94 06/16/99 ...............
62-210.550...................... Stack Height Policy......... 11/23/94 06/16/99 ...............
62-210.650...................... Circumvention............... 10/15/92 10/20/94, 59 FR ...............
52916
62-210.700...................... Excess Emissions............ 11/23/94 06/16/99 ...............
----------------------------------------------------------------------------------------------------------------
62-212 Stationary Sources--Preconstruction Review
----------------------------------------------------------------------------------------------------------------
62-212.100...................... Purpose and Scope........... 03/13/96 06/16/99 ...............
62-212.300...................... Sources Not Subject to 11/23/94 06/16/99 ...............
Prevention of Significant
Deterioration or
Nonattainment Requirements.
62-212.400...................... Prevention of Significant 03/13/96 06/16/99 ...............
Deterioration.
62-212.500...................... New Source Review for 03/13/96 06/16/99 ...............
Nonattainment Areas.
62-212.600...................... Source Specific New Source 03/13/96 06/16/99 ...............
Review Requirements.
----------------------------------------------------------------------------------------------------------------
62-242 Motor Vehicle Emissions Standards and Test Procedures
----------------------------------------------------------------------------------------------------------------
62-242.100...................... Purpose and Scope........... 03/21/91 03/22/93, 58 FR ...............
15277
62-242.200...................... Definitions................. 03/13/96 06/16/99, ...............
62-242.400...................... Standards and Procedures For 02/02/93 10/11/94, 59 FR ...............
Inspection of Gasoline- 51382
Fueled Vehicles; Pass/Fail
Criteria.
62-242.500...................... Standards and Procedures For 02/02/93 10/11/94, 59 FR ...............
Inspection of Diesel Fueled 51382
Vehicles; Pass/Fail
Criteria.
62-242.600...................... Equipment Performance 02/02/93 10/11/94, 59 FR ...............
Specifications. 51382
62-242.700...................... Tampering Inspection........ 02/02/93 10/11/94, 59 FR ...............
51382
62-242.800...................... Low Emissions Adjustment.... 02/02/93 10/11/94, 59 FR ...............
51382
62-242.900...................... Training Criteria For Motor 02/02/93 10/11/94, 59 FR ...............
Vehicle Emissions 51382
Inspection Personnel.
----------------------------------------------------------------------------------------------------------------
62-243 Tampering With Motor Vehicle Air Pollution Control Equipment
----------------------------------------------------------------------------------------------------------------
62-243.100...................... Purpose and Scope........... 05/29/90 06/09/92, 57 FR ...............
24370
62-243.200...................... Definitions................. 01/02/91 06/09/92, 57 FR ...............
24378
62-243.300...................... Exemptions.................. 01/02/91 06/09/92, 57 FR ...............
24378
62-243.400...................... Prohibitions................ 01/02/91 06/09/92, 57 FR ...............
24378
62-243.500...................... Certification............... 01/02/91 06/09/92, 57 FR ...............
24378
62-243.600...................... Enforcement................. 01/02/91 06/09/92, 57 FR ...............
24378
62-243.700...................... Penalties................... 05/29/90 06/09/92, 57 FR
24370
----------------------------------------------------------------------------------------------------------------
62-244 Visible Emissions From Motor Vehicles
----------------------------------------------------------------------------------------------------------------
62-244.100...................... Purpose and Scope........... 02/21/90 06/09/92, 57 FR ...............
24370
62-244.200...................... Definitions................. 02/21/90 06/09/92, 57 FR ...............
24370
62-244.300...................... Exemptions.................. 02/21/90 06/09/92, 57 FR ...............
24370
[[Page 333]]
62-244.400...................... Prohibitions................ 02/21/90 06/09/92, 57 FR ...............
24370
62-244.500...................... Enforcement................. 02/21/90 06/09/92, 57 FR ...............
24370
62-244.600...................... Penalties................... 02/21/90 06/09/92, 57 FR ...............
24370
----------------------------------------------------------------------------------------------------------------
62-252 Gasoline Vapor Control
----------------------------------------------------------------------------------------------------------------
62-252.100...................... Purpose and Scope........... 02/02/93 03/24/94, 59 FR ...............
13883
62-252.200...................... Definitions................. 02/02/93 03/24/94, 59 FR ...............
13883
62-252.300...................... Gasoline Dispensing 02/02/93 03/21/94, 59 FR ...............
Facilities--Stage I Vapor 13883
Recovery.
62-252.400...................... Gasoline Dispensing 11/23/94 06/16/99 ...............
Facilities--Stage II Vapor
Recovery.
62-252.500...................... Gasoline Tanker Trucks...... 09/10/96 07/21/97 62 FR 38918 ...............
62-252.800...................... Penalties................... 02/02/93 03/24/94, 59 FR ...............
13883
62-252.900...................... Forms....................... 09/10/96 07/21/97, 62 FR
38918
----------------------------------------------------------------------------------------------------------------
62-256 Open Burning and Frost Protection Fires
----------------------------------------------------------------------------------------------------------------
62-256.100...................... Declaration and Intent...... 12/09/75 11/01/77, 42 FR
57124
62-256.200...................... Definitions................. 11/30/94 06/16/99
62-256.300...................... Prohibitions................ 11/30/94 06/16/99
62-256.400...................... Agricultural and 07/01/71 05/31/72, 37 FR
Silvicultural Fires. 10842
62-256.450...................... Burning for Cold or Frost 06/27/91 09/09/94, 59 FR
Protection. 46552
62-256.500...................... Land Clearing............... 11/30/94 06/16/99
62-256.600...................... Industrial, Commercial, 07/01/71 05/31/72, 37 FR
Municipal, and Research 10842
Open Burning.
62-256.700...................... Open Burning Allowed........ 11/30/94 06/16/99
62-256.800...................... Effective Date.............. 07/01/71 05/31/72, 37 FR
10842
----------------------------------------------------------------------------------------------------------------
62-296 Stationary Sources--Emission Standards
----------------------------------------------------------------------------------------------------------------
62-296.100...................... Purpose and Scope........... 03/13/96 06/16/99
62-296.320...................... General Pollutant Emission 03/13/96 06/16/99
Limiting Standards.
62-296.401...................... Incinerators................ 03/13/96 06/16/99
62-296.402...................... Sulfuric Acid Plants........ 03/13/96 06/16/99
62-296.403...................... Phosphate Processing........ 03/13/96 06/16/99
62-296.404...................... Kraft (Sulfate) Pulp Mills 03/13/96 06/16/99
and Tall Oil Plants.
62-296.405...................... Fossil Fuel Steam Generators 03/13/96 06/16/99
with more than 250 million
Btu per Hour Heat Input.
62-296.406...................... Fossil Fuel Steam Generators 03/13/96 06/16/99
with less than 250 million
Btu per Hour Heat Input,
New and Existing Emissions
Units.
62-296.407...................... Portland Cement Plants...... 11/23/94 06/16/99
62-296.408...................... Nitric Acid Plants.......... 11/23/94 06/16/99
62-296.409...................... Sulfur Recovery Plants...... 11/23/94 06/16/99
62-296.410...................... Carbonaceous Fuel Burning 11/23/94 06/16/99
Equipment.
62-296.411...................... Sulfur Storage and Handling 11/23/94 06/16/99
Facilities.
62-296.412...................... Dry Cleaning Facilities..... 03/13/96 06/16/99
62-296.413...................... Synthetic Organic Fiber 03/13/96 06/16/99
Production.
62-296.414...................... Concrete Batching Plants.... 03/13/96 06/16/99
62-296.415...................... Soil Thermal Treatment 03/13/96 06/16/99
Facilities.
62-296.500...................... Reasonably Available Control 11/23/94 06/16/99
Technology (RACT)--Volatile
Organic Compounds.
62-296.501...................... Can Coating................. 11/23/94 06/16/99
62-296.502...................... Coil Coating................ 11/23/94 06/16/99
62-296.503...................... Paper Coating............... 11/23/94 06/16/99
62-296.504...................... Fabric and Vinyl Coating.... 11/23/94 06/16/99
62-296.505...................... Metal Furniture Coating..... 11/23/94 06/16/99
62-296.506...................... Surface Coating of Large 11/23/94 06/16/99
Appliances.
62-296.507...................... Magnet Wire Coating......... 11/23/94 06/16/99
62-296.508...................... Petroleum Liquid Storage.... 11/23/94 06/16/99
62-296.509...................... Bulk Gasoline Plants........ 10/15/92 10/20/94, 59 FR
52916
62-296.510...................... Bulk Gasoline Terminals..... 11/23/94 06/16/99
62-296.511...................... Solvent Metal Cleaning...... 11/23/94 06/16/99
62-296.512...................... Cutback Asphalt............. 11/23/94 06/16/99
62-296.513...................... Surface Coating of 11/23/94 06/16/99
Miscellaneous Metal Parts
and Products.
62-296.514...................... Surface Coating of Flat Wood 11/23/94 06/16/99
Paneling.
62-296.515...................... Graphic Arts Systems........ 11/23/94 06/16/99
62-296.516...................... Petroleum Liquid Storage 11/23/94 06/16/99
Tanks With External
Floating Roofs.
62-296.570]..................... Reasonably Available Control 11/23/94 06/16/99
Technology (RACT)--
Requirements for Major VOC-
and NOX-Emitting Facilities.
[[Page 334]]
62-296.600...................... Reasonably Available Control 03/13/96 06/16/99
Technology (RACT)--Lead.
62-296.601...................... Lead Processing Operations 08/08/94 09/18/96, 61 FR
in General. 49064
62-296.602...................... Primary Lead-Acid Battery 03/13/96 06/16/99
Manufacturing Operations.
62-296.603...................... Secondary Lead Smelting 08/08/94 09/18/96, 61 FR
Operations. 49064
62-296.604...................... Electric Arc Furnace 08/08/94 09/18/96, 61 FR
Equipped Secondary Steel 49064
Manufacturing Operations.
62-296.605...................... Lead Oxide Handling 08/08/94 09/18/96, 61 FR
Operations. 49064
62-296.700...................... Reasonably Available Control 11/23/94 06/16/99
Technology (RACT)--
Particulate Matter.
62-296.701...................... Portland Cement Plants...... 11/23/94 06/16/99
62-296.702...................... Fossil Fuel Steam Generators 11/23/94 06/16/99
62-296.703...................... Carbonaceous Fuel Burners... 11/23/94 06/16/99
62-296.704...................... Asphalt Concrete Plants..... 11/23/94 06/16/99
62-296.705...................... Phosphate Processing 11/23/94 06/16/99
operations.
62-296.706...................... Glass Manufacturing Process. 11/23/94 06/16/99
62-296.707...................... Electric Arc Furnaces....... 11/23/94 06/16/99
62-296.708...................... Sweat or Pot Furnaces....... 11/23/94 06/16/99
62-296.709...................... Lime Kilns.................. 11/23/94 06/16/99
62-296.710...................... Smelt Dissolving Tanks...... 11/23/94 06/16/99
62-296.711...................... Materials Handling, Sizing, 11/23/94 06/16/99
Screening, Crushing and
Grinding operations.
62-296.712...................... Miscellaneous Manufacturing 11/23/94 06/16/99
Process Operations.
----------------------------------------------------------------------------------------------------------------
62-297 Stationary Sources--Emissions Monitoring
----------------------------------------------------------------------------------------------------------------
62-297.100...................... Purpose and Scope........... 03/13/96 06/16/99
62-297.310...................... General Test Requirements... 03/13/96 06/16/99
62-297.400...................... EPA Methods Adopted by 11/23/94 06/16/99
Reference.
62-297.401...................... Compliance Test Methods..... 03/13/96 06/16/99
62-297.411...................... DEP Method 1................ 11/23/94 06/16/99
62-297.412...................... DEP Method 2................ 10/15/92 10/20/94, 59 FR
52916
62-297.413...................... DEP Method 3................ 10/15/92 10/20/94, 59 FR
52916
62-297.415...................... DEP Method 5................ 11/23/94 06/16/99
62-297.416...................... DEP Method 5A............... 10/15/92 10/20/94, 59 FR
52916
62-297.417...................... DEP Method 6................ 11/23/94 06/16/99
62-297.423...................... EPA Method 12--Determination 11/23/94 06/16/99
of Inorganic Lead Emissions
from Stationary Sources.
62-297.440...................... Supplementary Test 11/23/94 06/16/99
Procedures.
62-297.450...................... EPA VOC Capture Efficiency 11/23/94 06/16/99
Test Procedures.
62-297.620...................... Exceptions and Approval of 11/23/94 06/16/99
Alternate Procedures and
Requirements.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific requirements.
EPA-Approved Florida Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
EPA approval
Name of source Permit No. State effective date date Explanation
----------------------------------------------------------------------------------------------------------------
Harry S. Truman, animal NA............. November 26, 1996 January 19, 2000 ................
import center.
----------------------------------------------------------------------------------------------------------------
(e) [Reserved]
[64 FR 32348, June 16, 1999, as amended at 65 FR 2882, Jan. 19, 2000]
Sec. 52.521 Classification of regions.
The Florida plan was evaluated on the basis of the following
classifications:
[[Page 335]]
----------------------------------------------------------------------------------------------------------------
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
Southern Mississippi Interstate.....................
Jacksonville (Florida)-Brunswick (Georgia) Interstate I II III III I
West Central Florida Intrastate...................... I I III III III
Central Florida Intrastate........................... II III III III III
Southwest Florida Intrastate......................... III III III III III
Southeast Florida Intrastate......................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10858, May 31, 1972, as amended 39 FR 16346, May 8, 1974]
Sec. 52.522 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Florida's plans for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plans satisfy all requirements of Part D,
Title I, of the Clean Air Act as amended in 1977, except as noted below.
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 those sources covered by CTGs
issued between January 1978 and January 1979 and adoption and submittal
by each subsequent January of additional RACT requirements for sources
covered by CTGs issued by the previous January.
[45 FR 17143, Mar. 18, 1980]
Sec. 52.523 [Reserved]
Sec. 52.524 Compliance schedules.
(a) 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.
(b) Federal compliance schedules. (1) Except as provided in
paragraph (b)(6) of this section, the owner or operator of any
stationary source subject to the following emission limiting regulations
in the Florida implementation plan shall comply with the compliance
schedule in paragraph (b)(2) of this section, Rules of the State of
Florida, Department of Pollution Control, Air Pollution, subsections 17-
2.04(2); 17-2.04(3); 17-2.04(6)(a); 17-2.04(6)(b); 17-2.04(6)(d); 17-
2.04(6) (e)2.a; 17-2.04(6)(e)3.b; 17-2.04(6)(f); and 17-2.04(6)(h).
(2) Compliance schedule. (i) November 1, 1973--Submit to the
Administrator a final control plan, which describes at a minimum the
steps which will be taken by the source to achieve compliance with the
applicable regulations.
(ii) January 1, 1974--Negotiate and sign all necessary contracts for
emission control systems or process modifications, or issue orders for
the purchase of component parts to accomplish emission control or
process modification.
(iii) February 1, 1974--Initiate onsite construction or installation
of emission control equipment or process modification.
(iv) May 1, 1975--Complete onsite construction or installation of
emission control equipment or process modification.
(v) July 1, 1975--Achieve compliance with the applicable
regulations, and certify such compliance to the Administrator.
(vi) 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.
(vii) Five days after the deadline for completing paragraphs (b)(2)
(ii) through (iv) in this section, certify to the Administrator whether
the increment has been met.
[[Page 336]]
(3) Except as provided in paragraph (b)(6) of this section, the
owner or operator of any boiler or furnace of more than 250 million Btu
per hour heat input subject to the requirements of Rules of the State of
Florida, Department of Pollution Control, Air Pollution, subsections 17-
2.04(6)(e)2. c. and d. contained as part of the Florida Implementation
Plan shall notify the Administrator, no later than October 1, 1973, of
his intent to utilize either low-sulfur fuel or stack gas
desulfurization to meet these requirements.
(4) Any owner or operator of a stationary source subject to
paragraph (b)(3) of this section who elects to utilize low-sulfur fuel
shall be subject to the following compliance schedule:
(i) 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 the applicable regulation on July 1, 1975, and
for at least one year thereafter.
(ii) December 31, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
(iii) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(iv) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
(v) June 15, 1974--Initiate onsite modifications, if applicable.
(vi) March 31, 1975--Complete onsite modifications, if applicable.
(vii) July 1, 1975--Achieve compliance with the requirements of
Florida Air Pollution Rules subsections 17-2.04(6)(e)2. c. and d. and
certify such compliance to the Administrator.
(viii) 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.
(ix) Five days after the deadline for completing paragraphs (b)(4)
(ii) through (vi) of this section, certify to the Administrator whether
the increment has been met.
(5) Any owner or operator subject to paragraph (b)(3) of this
section, who elects to utilze stack gas desulfurization shall be subject
to the compliance schedule in paragraph (b)(2) of this section.
(6) (i) None of the above paragraphs shall apply to a source which
is presently in compliance with applicable regulations 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 on 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.
(7) 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 (b) (2) or (4) of this section
fails to satisfy the requirements of Secs. 51.261 and 51.262(a) of this
chapter.
[38 FR 16145, June 20, 1973, as amended at 38 FR 22740, Aug. 23, 1973;
38 FR 24333, 24342, Sept. 7, 1973; 38 FR 26325, Sept. 19, 1973; 40 FR
11724, 11725, Mar. 13, 1975; 51 FR 40676, 40677, Nov. 7, 1986; 54 FR
25258, June 14, 1989]
Sec. 52.525 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
since the legal authority to provide for public availability of emission
data is inadequate.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as
[[Page 337]]
specified in the applicable plan, concerning emissions from any source
subject to emission limitations which are part of the approved plan may
request that the appropriate Regional Administrator obtain and make
public such data. Within 30 days after receipt of any such written
request, the Regional Administrator shall require the owner or operator
of any such source to submit information within 30 days on the nature
and amounts of emissions from such source and any other information as
may be deemed necessary by the Regional Administrator to determine
whether such source is in compliance with applicable emission
limitations or other control measures that are part of the applicable
plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55328, Nov. 28, 1975;
51 FR 40676, Nov. 7, 1986]
Sec. 52.526 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met,
since section 403.111 of the Florida Statutes could, in some
circumstances, prohibit the disclosure of emission data to the public.
Therefore, section 403.111 is disapproved.
[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.527 Control strategy: General.
(a) Since the testing and research rule (FAC 17-1.585) submitted by
the Florida Department of Environmental Regulation on April 7, 1980, as
a revision of the plan does not meet the requirements of Section 110 of
the Clean Air Act and the requirements of section 51.8 of this chapter,
it is disapproved, and is not part of the plan.
(b) [Reserved]
[48 FR 52303, Nov. 17, 1983]
Sec. 52.528 Control strategy: Sulfur oxides and particulate matter.
(a) In a letter dated October 10, 1986, the Florida Department of
Environmental Regulation certified that no emission limits in the
State's plan are based on dispersion techniques not permitted by EPA's
stack height rules.
(b) The variance granted to the Turkey Point and Port Everglades
plants of Florida Power and Light Company from the particulate emission
limits of the plan is disapproved because the relaxed limits would cause
violation of the Class I increment for sulfur dioxide in the Everglades
National Park. These plants must meet the 0.1/MMBTU particulate limit
of the plan.
[48 FR 33868, July 26, 1983, as amended at 54 FR 25455, June 15, 1989]
Sec. 52.529 [Reserved]
Sec. 52.530 Significant deterioration of air quality.
(a) EPA approves the Florida Prevention of Significant Deterioration
(PSD) rule on condition that the State submit to EPA by December 14,
1983, a demonstration that its method of calculating increment
consumption is consistent with Federal law and regulations. After
receipt of the submittal
[[Page 338]]
and consideration of additional comments, EPA will, if it finds the
State's method to be consistent, fully approve the Florida plan. If not,
the State will change its regulation to implement EPA's approach.
(b) Pending final full approval of the State's PSD plan by EPA, if a
source's application can be approved under Florida's rules, but not
under EPA's rules, solely because of the different methods of
calculating increment consumption, the source must obtain a PSD permit
from EPA before beginning construction.
(c) All applications and other information required pursuant to
Sec. 52.21 of this part from sources located in the State of Florida
shall be submitted to the Florida Department of Environmental
Regulation, Bureau of Air Quality Management, Twin Towers Office
Building, 2600 Blair Stone Road, Tallahassee, Florida 32301.
(d) The requirements of sections 160 through 165 of the CAA are not
met since the Florida plan, as submitted, does not apply to certain
sources. Therefore, the provisions of Sec. 52.21(b) through (w) are
hereby incorporated by reference and made a part of the Florida plan
for:
(1) Sources proposing to locate on Indian reservations in Florida;
and
(2) Permits issued by EPA prior to approval of the Florida PSD rule.
[45 FR 52741, Aug. 7, 1980, as amended at 46 FR 17020, Mar. 17, 1981; 48
FR 52716, Nov. 22, 1983]
Sec. 52.532 Extensions.
(a) The Administrator hereby extends for 18 months (until July 1,
1980) the statutory timetable for submittal of Florida's plans to attain
and maintain the secondary ambient standard for particulate matter in
the Jacksonville and Tampa nonattainment areas (40 CFR 81.310).
[45 FR 2033, Jan. 10, 1980; 45 FR 28112, Apr. 28, 1980]
Sec. 52.533 Source surveillance.
The plan lacks test methods for several source categories. As
required by Sec. 52.12(c)(1) of this part, EPA test methods (found at 40
CFR part 60) will be used by EPA to determine compliance with the
following emission limiting standards:
(a) Particulate emissions from citrus plants controlled by a
scrubber and subject to the process weight table (submitted as 17-
2.05(2) and reformatted as 17-2.610(1)1.a).
(b) TRS emissions from recovery furnaces at kraft pulp mills
(submitted as 17-2.05(6)D and reformatted as 17-2.600(4)1).
(c) Sulfur dioxide emissions from fossil fuel steam sources
(submitted as 17-2.05(6)E and reformatted as 17-2.600 (5) and (6)).
(d) Emissions from portland cement plants (submitted as 17-2.05(6)F
and reformatted as 17-2.600(7)).
(e) Particulate and visible emissions from carbonaceous fuel burning
equipment (submitted as 17-2.05(6)I and reformatted as 17-2.600(10)).
[47 FR 32116, July 26, 1982]
Sec. 52.534 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures meeting the
requirements of 40 CFR 51.305 and 51.307 for protection of visibility in
mandatory Class I Federal areas.
(b) Regulations for visibility new source review. The provisions of
Sec. 52.28 are hereby incorporated and made part of the applicable plan
for the State of Florida.
[51 FR 5505, Feb. 13, 1986]
Sec. 52.536 Original identification of plan section.
(a) This section identifies the original ``State of Florida Air
Implementation Plan'' and all revisions submitted by Florida that were
federally approved prior to July 1, 1998.
(b) The plan was officially submitted on January 27, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Notification of adoption of standard procedures to test and
evaluate air pollution sources submitted on April 10, 1972, by the
Florida Department of Pollution Control.
(2) Miscellaneous non-regulatory additions to the plan submitted on
May 5,
[[Page 339]]
1972, by the Florida Department of Pollution Control.
(3) Compliance schedules submitted on June 1, 1973, by the Florida
Department of Pollution Control.
(4) Compliance schedules submitted on August 6, 1973, by the Florida
Department of Pollution Control.
(5) Revision of the State permit system to include indirect sources,
Section III, Chapter 17-2, submitted on September 25, 1973, by the
Florida Department of Pollution Control.
(6) Compliance schedules submitted on February 26, 1974, by the
Florida Department of Pollution Control.
(7) Identification of ten AQMA's submitted on May 30, 1974, by the
Florida Department of Pollution Control.
(8) Request that EPA defer identification of seven AQCR's submitted
on September 25, 1974, by the Florida Department of Pollution Control.
(9) Additional information relating to the September 25, 1974,
deferral request submitted on November 21, 1974, by the Florida
Department of Pollution Control.
(10) Additional information relating to the September 25, 1974,
deferral request submitted on January 9, 1975, by the Florida Department
of Pollution Control.
(11) Revision to SO2 emission limits for sulfur recovery
plants and sulfuric acid plants submitted on February 12, 1975, by the
Florida Department of Pollution Control.
(12) Request for deletion of four AQMA's from the AQMA
identification list submitted on March 31, 1975, by the Florida
Department of Pollution Control.
(13) Additional information supporting the March 31, 1975, deletion
request submitted on April 9, 1975, by the Florida Department of
Pollution Control.
(14) Additional information supporting the March 31, 1975, deletion
request submitted on April 15, 1975, by the Florida Department of
Pollution Control.
(15) Revised limits on sulfur dioxide emissions from fossil-fuel-
fired steam generators were submitted on July 26, 1975, by the
Department of Environmental Regulation. (No action is taken on these new
limits as they apply to Duval County.)
(16) Revised ambient sulfur dioxide standards for Broward, Dade, and
Palm Beach Counties, submitted on December 15, 1975, by the Florida
Department of Environmental Regulation.
(17) Revised burning rule for cold or frost protection, submitted on
January 14, 1976, by the Florida Department of Environmental Regulation.
(18) 1979 implementation plan revisions for nonattainment areas,
(sulfur dioxide and ozone), submitted on April 30, 1979, as supplemented
with August 27, 1979 and January 23, 1980 submittals by the Florida
Department of Environmental Regulation.
(19) Variance from particulate, sulfur dioxide, and visible emission
limits of the plan for units of Florida Power and Light Company's Cape
Canaveral, Ft. Myers, Manatee, Riviera, and Sanford plants, submitted on
August 31, 1979, and June 23, 1980, by the Florida Department of
Environmental Regulation. (The particulate variance for the Port
Everglades and Turkey Point plants is disapproved.)
(20) Limited variance from particulate, visible, and excess
emissions limits granted to Florida Power and Light for Unit 4 of its
Sanford station, submitted on February 4, 1980, by the Department of
Environmental Regulation.
(21) The implementation plan revision developed by the Florida DER
for the Jacksonville and Tampa TSP secondary nonattainment areas under
Part D of Title I of the CAA was submitted for EPA's approval on
February 27, 1981. The control strategies, as approved and adopted for
the local program agencies (the Duval County Bio-Environmental Services
Division and the Hillsborough County Environmental Protection
Commission) were submitted to EPA on March 16 and April 20, 1982,
respectively.
(22) Pursuant to section 127 of the Clean Air Act, the Florida
Department of Environmental Regulation submitted on April 15, 1980 a
revision to the SIP concerning provisions for public notification and
awareness.
(23) The air quality surveillance plan revision was submitted by the
Florida
[[Page 340]]
Department of Environmental Regulation on December 11, 1979 and updates
Florida's SIP to meet EPA requirements as set forth in 40 CFR part 58
(44 FR 27558, May 10, 1979).
(24) Reformatting of the Rules and Regulations portion of the
Florida State Implementation Plan, submitted on May 8, 1978, by the
Florida Department of Environmental Regulation.
(25) Revisions to the Sulfur Dioxide Emission Limiting Regulations
applicable to specific Fossil Fuel Steam Generators, submitted on
November 6, 1978, and February 3, 1979, by the Florida Department of
Environmental Regulation.
(26) Request for delegation of authority for PSD submitted on
September 22, 1980, by the Department of Environmental Regulation.
(27) Corrections in 1979 revisions for ozone nonattainment areas
(Broward, Dade, Duval, Hillsborough, Orange, Palm Beach, and Pinellas
Counties) submitted on May 28, 1980, by the Florida Department of
Environmental Regulation to meet conditions of the conditional approval
of March 18, 1980 (45 FR 17140).
(28) Revised limits on visible emissions from new sulfuric and
nitric acid plants and mass particulate emission limits new Portland
cement plants, submitted on July 16, 1976, by the Department of
Environmental Regulation.
(29) Revised Opacity Limits for Monsanto Textile Co., Pensacola,
Florida, submitted on December 19, 1979, by the Florida Department of
Environmental Regulation.
(30) Operating permit for Stauffer Chemical Company, submitted on
August 4, 1980, by the Florida Department of Environmental Regulation,
to satisfy a condition of the approval of the 1979 revisions for the
Pinellas County SO2 nonattainment area.
(31) Revised ambient CO and TSP standards applicable in Broward,
Dade, and Palm Beach Counties, submitted on August 6, 1976, by the
Florida Department of Environmental Regulation.
(32) Set II VOC regulations, submitted on August 28, 1980, by the
Florida Department of Environmental Regulation.
(33) Amendments to Florida's continuous monitoring rule, submitted
on January 27, 1978, by the Department of Environmental Regulation.
(34) Revisions in Sections 17-2.21 and 17-2.32 of the Florida
Administrative Code, adopting, in part, Federal NSPS and NESHAPS
regulations, submitted by the Florida Department of Environmental
Regulation on August 28, 1980.
(35) Revision of gasoline bulk plant rule, submitted on October 15,
1980, by the Florida Department of Environmental Regulation.
(36) Variance granted to Florida Power and Light Company for Unit 4
of its Sanford station, submitted on August 11, 1981, by the Department
of Environmental Regulation. This variance is applicable until July 1,
1984, or until thirty months after EPAapproval, whichever, is later, for
particulate, visible, and sulfur dioxide emissions.
(37) RACT emission limits and bubble provision for General Portland
Inc., Tampa (FAC 17-2.650(2)(c)1.c.), submitted by the Florida
Department of Environmental Regulation on August 11, 1981.
(38) Revocation of complex source rules, submitted on August 11,
1981, by the Florida Department of Environmental Regulation.
(39) Emission limits for sources burning carbonaceous fuel,
submitted on May 22, 1974, and January 21, 1981, and reformatted on
August 11, 1981, by the Florida Department of Environmental Regulation.
(40) Amendments to upset, startup and malfunction rule, submitted on
August 12, 1976; revisions to section 17-2.05(14) FAC (excess emissions)
and 17-2.05(6) Table II, E., FAC, fossil fuel steam generators-visible
emissions, submitted on October 19, 1979; revision describing compliance
testing for amendments in section 17-2.05 (14) and (6), submitted on
September 24, 1980, by the Department of Environmental Regulation.
(41) Reformatting of the rules and regulations portion of the
Florida State Implementation Plan, submitted on August 11, 1981, by the
Florida Department of Environmental Regulation.
(42) Revised open burning and frost protection rule and ambient lead
[[Page 341]]
standard, submitted on December 23, 1981, by the Florida Department of
Environmental Regulation.
(43) On July 14, 1980, the Florida Department of Environmental
Regulation (FDER) submitted a revision pertaining to deletion of the
regulation on existing petroleum refineries in nonattainment areas and
adding test methods for gasoline truck tanks, vapor collection systems,
volatile organic compound (VOC) content of coating materials and
gasoline bulk terminals for sources located in ozone nonattainment
areas. On May 30, 1980, FDER submitted a revision establishing
incremental compliance dates for existing VOC sources and extending
final compliance dates for certain gasoline service stations. On
December 23, 1981, FDER submitted a revision establishing test methods
for certain VOC sources, adopting three definitions used in the test
methods, and exempting six VOCs.
(44) Revised SO2 limits for the Gannon Station of Tampa
Electric Company, submitted on December 3, 1980, and associated methods
of coal sampling and analysis, submitted on February 16, 1982, by the
Florida Department of Environmental Regulation.
(45) Revision of the commencement date of the COM test burn period
for Florida Power and Light Co.'s Sanford Plant, Unit 4, submitted on
March 30, 1982, by the Florida Department of Environmental Regulation.
(46) Miscellaneous regulation changes, submitted on August 11, 1981,
by the Florida Department of Environmental Regulation.
(47) Point source emission testing methods submitted on December 30,
1980, and May 29, 1981, by the Florida Department of Environmental
Regulation.
(48) Revised ambient standards and episode alert level for ozone,
submitted on April 26, 1982, by the Florida Department of Environmental
Regulation.
(49) Changes in Open Burning and Frost Protection Fire Rule,
submitted on November 15, 1982, by the Florida Department of
Environmental Regulation.
(50) Miscellaneous amendents to Chapter 17-2, submitted on December
23, 1982, by the Florida Department of Environmental Regulation.
(51) Regulations for Prevention of Significant Deterioration,
submitted on December 23, 1981, and December 23, 1982, by the Florida
Department of Environmental Regulation. (No action is taken on the
provisions for review involving vessel emissions or nonattainment
areas.)
(52) Amendments to Chapter 17-2.650(1)(a) and 17-2.650(2)(a)
submitted on February 18, 1983, by the Florida Department of
Environmental Regulation. The amendments require all new and modified
sources of particulate and volatile organic compounds located in
nonattainment areas or in areas of influence for particulate matter to
utilize Reasonably Available Control Technology (RACT) if they are not
subject to Lowest Achievable Emissions Rate (LAER) provisions.
(53) Changes to Florida Administrative Code (FAC), Chapter 17-2,
submitted on August 12, 1983, and June 13, 1984, by the Florida
Department of Environmental Regulation (FDER).
(i) Incorporation by reference--
(A) August 12, 1983, letter and April 17, 1984, certification of
Administrative Rules filed with the Department of State, from the
Florida Department of Environmental Regulation.
(B) Amendments to Florida Administrative Code Rules 17-2.100(132),
17-2.300 (1) and (2), 17-2.400 (1) through (5), 17-2.500(2)(e)3, 17-
2.500(2)(e)4.c.(i), 17-2.500(4)(b), 17-2.650(1)(a). These revisions were
adopted on July 1, 1983, by the State of Florida Department of
Environmental Regulation.
(C) Amendments to Florida Administrative Code Rules 17-2.410 (1) and
(3), and 17-2.460, approved on April 17, 1984, by the State of Florida
Department of Environmental Regulation.
(ii) Additional material--none.
(54) TSP variance for Jacksonville Kraft Paper Company, submitted on
September 2, 1983, by the Florida Department of Environmental
Regulation.
(55) State implementation plan for lead, submitted by the Department
of Environmental Regulation on September 17, 1984.
(i) Incorporation by reference--
[[Page 342]]
(A) Amendments to Florida Administrative Code, Chapter 17.2-100,
Definitions, and 17.2-500 and 510, Applicability (for New Source
Review), adopted by the State on January 25, 1984, and September 17,
1984 letter from the Florida Department of Environmental Regulation to
EPA.
(ii) Additional material--
(A) Narrative submittal, including an attainment demonstration.
(B) Emissions inventories for lead sources.
(56) Amendments to the Florida Administrative Code (FAC) submitted
by the Secretary of the Florida Department of Environmental Regulation
(FDER) on May 30, 1985, which deals with source sampling.
(i) Incorporation by reference.
(A) Amendments to 17-2.700 FAC, which deals with source sampling
procedures and conditions, adopted on April 3, 1985, by the FDER.
(ii) Additional material.
(A) None.
(57) Changes to Florida Administrative Code (FAC) Chapter 17-2,
submitted on May 31, 1985, by the Florida Department of Environmental
Regulation (FDER).
(i) Incorporation by reference.
(A) May 31, 1985 letter from the Florida DER, and Amendments to FAC
Chapters 17-2.100, 17-2.215, 17-2.540, 17-2.600, 17-2.700 and 17-2.753
which were adopted by the FDER on April 11, 1985. Allow sulfur in the
pelletized form to be shipped and handled in the State. Also establish
new source review requirements, emission estimating procedures, emission
limiting standards, and test procedures for elemental sulfur storage and
handling facilities.
(ii) Additional information.
(A) None.
(58) Visibility new source review regulations were submitted to EPA
on September 23, 1985.
(i) Incorporation by reference.
(A) Letter of September 23, 1985, from the State of Florida
Department of Environmental Regulation, and amendments to Rule 17-2.100
FAC (Definitions), Rule 17-2.220 FAC (Public Notice and Comment), and
Rule 17-2.500 FAC (Prevention of Significant Deterioration), adopted by
the Florida Department of Environmental Regulation on July 25, 1985.
(59) Post-1982 CO SIP revision for Dade County, submitted on
September 19, 1986, by the Florida Department of Environmental
Regulation.
(i) Incorporation by reference--none.
(ii) Other material.
(A) Narrative description of analysis performed for CO.
(B) Analysis of East Flagler Street Carbon Monoxide Exceedances--
Downtown Miami.
(C) Description of Methodologies to Assess Eight-Hour Nighttime
Carbon Monoxide Exceedances.
(D) Identification and Analysis of Potential Carbon Monoxide
Hotspots in Dade County, Florida.
(E) Analysis of Transportation Control Measures (TCMs), Dade County/
Miami.
(60) Stack height regulations were submitted on July 1 and November
19, 1986, by the Florida Department of Environmental Regulation.
(i) Incorporation by reference.
(A) Revised FAC 17-2.100(177), added FAC 17-2.100(178), added FAC
17-2.500(5)(h)6., and added FAC 17-2.510(4)(f), adopted on May 8, 1986.
(B) Revised FAC 17-2.100(61) and revised FAC 17-2.270, adopted on
September 30, 1986.
(ii) Other material--none.
(61) [Reserved]
(62) Consent Order was submitted by EPA on August 14, 1986, by the
Florida Department of Environmental Regulation.
(i) Incorporation by reference.
(A) A Consent Order for Smart-Pak Industries was adopted by the
Florida Department of Environmental Regulation on June 17, 1986.
(ii) Additional material--none.
(63) Florida plan for the protection of visibility in Federal Class
I areas submitted to EPA on August 27, 1987, by the Florida Department
of Environmental Regulation (FDER) to satisfy the Part 2 visibility
requirements.
(i) Incorporation by reference.
(A) May 26, 1988, letter from the Florida Department of
Environmental Regulation, and pages 20 and 21 of the Florida plan for
the protection of visibility in Federal Class I areas containing the
[[Page 343]]
periodic review requirements satisfying 40 CFR 51.306(c), adopted by the
Florida Department of Environmental Regulation on August 27, 1987.
(ii) Additional material.
(A) Narrative SIP titled ``The Florida Plan for the Protection of
Visibility in Federal Class I Areas.''
(64) [Reserved]
(65) Changes to the Florida Administrative Code (FAC), Chapter 17-2,
submitted to EPA on November 19, 1986, and June 12, 1987, by the Florida
Department of Environmental Regulations.
(i) Incorporation by reference.
(A) November 19, 1986, and June 12, 1987, letters from the Florida
Department of Environmental Regulation.
(B) Amendments to Florida Administrative Code Rules 17-2.100(6),
(21) and (118); 17-2.210 introductory text, (1) and (3)(r); 17-2.220(1),
(2)(a)-(h); 17-2.300(3)(c)1. and (3)(c)2.; 17-2.310 introductory text;
17-2.450(1)(a) and (2)(a);17-2.500(2)(e)4.a. (i) and (ii), (4)(a)1.a.
and (4)(b)1.; 17-2.600(1)(d); and 17-2.700(2)(a)3.; Tables 500-1, 500-2,
500-3, Table 700-1 and Table 700-2. These revisions were adopted on July
1, 1983, and September 30, 1986, by the FloridaDepartment of
Environmental Regulation.
(ii) Additional material--none.
(66) PM10 revisions for the Florida State Implementation
FPlan were submitted on May 19, 1988 and July 18, 1989, by the Florida
Department of Environmental Regulation. Miscellaneous corrective
revisions were also submitted by the Florida Department of Environmental
Regulation on July 18, 1989.
(i) Incorporation by reference.
(A) Revised regulations which became state-effective on May 30,
1988:
17-2.100--Definitions: (16)(a), (17), (61), (143), (173)(b), (202)
17-2.300--Ambient Air Quality Standards: (3)(b)
17-2.310--Maximum Allowable Increases (Prevention of Significant
Deterioration Increments): (1)(a) and (2)(a)
17-2.330--Air Alert: (1)(b) thru (f)
17-2.340--Air Warning: (1)(b)
17-2.350--Air Emergency: (1) Introductory paragraph, (1)(b) thru (e)
17-2.400--Procedures for Designation and Redesignation of Areas: (1)(b)
17-2.410--Designation of Areas Not Meeting Ambient Air Quality Standards
(Nonattainment Areas): (2)(b), (3) thru (7)
17-2.420--Designation of Areas Meeting Ambient Air Quality Standards
(Attainment Areas): (2)
17-2.430--Designation of Areas Which Cannot Be Classified As Attainment
or Nonattainment (Unclassifiable Areas): (1)
17-2.450--Designation of Prevention of Significant Deterioration (PSD)
Areas: (1) Introductory paragraph and subparagraph (a)
17-2.460--Designation of Air Quality Maintenance Areas: (4)
17-2.500--Prevention of Significant Deterioration: (2)(e)4.b., (4)(e)3.,
(5)(f)3, Table 500-2 and Table 500-3
17-2.600--Specific Source Emission Limiting Standards: (11)(a)3., 7.,
9., (11)(b)3.a., (11)(b)5.
(B) Revised regulations which became state-effective on July 9,
1989:
17-2.100--Definitions: (37) and (145)
17-2.210--Permits Required: (1) and (3)
17-2.260--Air Quality Models
17-2.300--Ambient Air Quality Standards: (2)
17-2.340--Air Warning: (1)(c)
17-2.410--Designation of Areas Not Meeting Ambient Air Quality Standards
(Nonattainment Areas): (1) and (2)(a)
17-2.420--Designation of Areas Meeting Ambient Air Quality Standards
(Attainment Areas): (3) thru (5)
17-2.430--Designation of Areas Which Cannot Be Classified As Attainment
or Nonattainment (Unclassifiable Areas): (2) Introductory Paragraph
17-2.460--Designation of Air Quality Maintenance Areas: (1) and (2)
17-2.500--Prevention of Significant Deterioration: (1)(a)--(c)
17-2.520--Sources Not Subject to Prevention of Significant Deterioration
or Nonattainment Requirements.: Title
17-2.540--Source Specific New Source Review Requirements: (2)(a)
17-2.600--Specific Emission Limiting and Performance Standards: Title,
Introductory paragraph, (1)(a)1., (2)(a)2.a.; (2)(b)1.; (4)(b)2.;
(5)(a)1., 2., 3a.(i), and 4. Introductory paragraph; (5)(b); (6);
(12)(a)1.; (12)(a)7.; (12)(b); (12)(c) Introductory paragraph;
(12)(c)4., (13); and (14)
17-2.610--General Particulate Emission Limiting Standards: Table 610-1
and (3)(c)7.
17-2.650--Reasonably Available Control Technology (RACT): (1)(c)3.a.(ii)
and (iii); (1)(f) introductory paragraph; (1)(f)10.c.(i) and (iv);
(2)(a)1., (b), (c) Introductory paragraph, (c)1.b. and c., (c)2.b.(ii),
(c)3.b.(ii), (c)4.b, (c)5.a. Introductory paragraph, (c)5.a.iv. and v.,
(c)5.b.(i)-(iv), (c)6.b.(i) and (iii), (c)7.b.(i) and (ii), (c)8. thru
10., (c)11.a. Introductory paragraph, (c)11.a.(vi), (c)11.b., and
(c)12.; (2)(d)2.a., b. and c.
[[Page 344]]
17-2.660--Standard of Performances for New Stationary Sources (NSPS):
(2)(b)
17-2.700--Stationary Point Source Emissions Test Procedures: (1)(b)
Introductory paragraph; (1)(d)1.b.(i), (2)(a)2., (2)(a)4. thru 9.; Table
700-1; (4)(c)1.c.(i) and (ii); (6)(a)1.a., (b)1., (b)2.a. and b.,
(b)3.a. and b., (b)5., (b)6.a. thru c.,(b)7.b. thru e., (b)10., (b)(12),
(b)16.b. and c., (b)18 thru 22, (b)24. thru 31., and (c)6.d.
17-2.710--Continuous Monitoring Requirements: (1)(a)2.
17-2.960--Compliance Schedules for Specific Source Emission Limiting
Standards: (1)(c) and (d) Introductory paragraph; (1)(e).
(ii) Additional material.
(A) Letter of May 19, 1988, from the Florida Department of
Environmental Regulation (FDER) submitting the SIP revisions.
(B) Letter of July 18, 1989, from the FDER submitting additional SIP
revisions.
(67) [Reserved]
(68) Revisions which were submitted on August 16 and November 8,
1989, concerning Biological Waste Incinerators
(i) Incorporation by reference. (A) Revisions to Florida
Administrative Code, Chapter 17-2 which became state effective on August
30, 1989.
17-2.100 Definitions; 27, 28, 181, and 182
17.2.600 Specific Source Emission Limiting Standards: (1)(a)1., (1)(b)
Introductory paragraph, (1)(c) Introductory paragraph, (1)(d)
17.2.700 Stationary Point Source Emissions Test Procedures:
Table 700-1: 17-2.600(1)(a)-(e)
17.2.710 Continuous Monitoring Requirements: paragraph (5)
(B) Revisions to Florida Administrative Code, chapter 17-2 which
became state effective on November 9, 1989.
17-2.100 Definitions: 26 and 175
(ii) Additional material. (A) Letter of August 16, 1989, from the
Florida Department of Environmental Regulation submitting the SIP
revision.
(B) Letter of November 8, 1989, from the Florida Department of
Environmental Regulation submitting the amendments to the August 16,
1989, submittal.
(69) Vehicle Anti-tampering and visible emissions regulations
(Chapter 17-243 and Chapter 17-244 of the Florida Administrative Code
respectively) which were submitted to EPA on March 20, 1990, and
revisions to Chapter 17-243 submitted on June 18, 1990.
(i) Incorporation by reference.
(A) New Florida Administrative Code (FAC) regulations 17-243
(Tampering with Motor Vehicle Pollution Control Equipment) and 17-244
(Visible Emissions from Motor Vehicles) which became state effective on
February 21, 1990.
(B) Revisions to FAC Chapter 17-243 (Tampering with Motor Vehicle
Air Pollution Control Equipment) which became state effective May 29,
1990.
(ii) Other material.
(A) March 20, 1990, and June 18, 1990, letters from the Florida
Department of Environmental Regulation.
(70) Revisions to chaper 17-2 of the Florida Administrative Code
which were submitted on July 12, 1990.
(i) Incorporation by reference.
(A) Amendments to the following rules of F.A.C. which become
effective on July 13, 1990:
17-2.100 (21), (22), (119) and (126);
17-2.310 (preamble), (1)(c), (2)(c), and (3)(c);
17-2.450 (1)(a), (2)(a), and (3); and
17-2.500 (2)(e)4.b., (3)(f)3., 4(a)3., 4(b)1. thru 3.a.
introductory paragraph, 4(b)3.b. thru d., 4(b)3.e. introductory
paragraph and 4(b)3.e.(ii).
(ii) Other material.
(A) Letter of July 12, 1990, from the Florida Department of
Environmental Regulation.
(B) Minimum program elements.
(71) The Florida Department of Environmental Regulation submitted an
Order authorizing research and testing by the Florida Power & Light
Company and the operating permit for the Orimulsion Fuel Test Burn at
the Sanford Power Plant Unit No. 4 to EPA on October 11, 1990.
(i) Incorporation by reference. (A) Florida Department of
Environmental Regulation Order authorizing research and testing by the
Florida Power & Light Company adopted on October 4, 1990.
(B) Florida Power & Light operating permit number AC 64-180842, PSD-
FL-150 which becomes State-effective on January 7, 1991.
(ii) Other materials. (A) Letter of October 11, 1990, from the
Florida Department of Environmental Regulation.
[[Page 345]]
(72) Revisions to Chapter 17-2 of the Florida Administrative Code
which were submitted on August 16, 1989, and August 27, 1990.
(i) Incorporation by reference.
(A) Amendments to FAC 17-2.100(41), (153) and (217); 17-2.510(2)(a)
introductory paragraph, 17-2.650(1)(a), (1)(b) title, (1)(b)2., (1)(c)1,
(1)(d), (1)(e), (1)(f) introductory paragraph, (1)(f)2.a., (1)(f)3.a.,
(1)(f)5.b., (1)(f)6.a.(i), and (1)(f)14.a.(iii); which became State
effective on August 30, 1989.
(B) Amendments to FAC 17-2.100(220); 17-2.650(1)(b)2, (1)(d),
(1)(e), (1)(f)4.a., and (1)(f)16.a.; 17-2.700 TABLE 700-1; and 17-2.965,
which became State effective on September 13, 1990.
(ii) Other material--None.
(73) Regulations for a centralized vehicle Inspection/Maintenance
(I/M) program. These revisions were submitted by the State of Florida,
through the Florida Department of Environmental Regulation (FDER) on
March 20, 1989.
(i) Incorporated by reference.
(A) Florida Administrative Code, Chapter 17-242, Mobile Source--
Vehicle Emission Standards and Test Procedures Rule which were adopted
on January 31, 1989.
(ii) Other material.
(A) Letter of March 20, 1989, from the Florida Department of
Regulation (FDER).
(74) Vehicle Anti-tampering revisions (Chapter 17-243 of the Florida
Administrative Code) which were submitted to EPA on January 24, 1991.
(i) Incorporation by reference.
(A) Revisions to FAC Chapter 17-243 (Tampering with Motor Vehicle
Air Pollution Control Equipment) which became state effective January 2,
1991, as follows:
17-243.200--Definitions: (1); (2) Introductory Paragraph and (a); and
(3) Introductory paragraph
17-243.300--Exemptions: (2); (3) Introductory paragraph and (b); (4)
Introductory paragraph, (b), (c) and (d)
17-243.400--Prohibitions
17-243.500--Certification: (1)(a) thru (d)
17-243.600--Enforcement: (2); (3) Introductory paragraph and (b), (4);
(6); and (7)
(ii) Other material.
(A) Letter dated January 24, 1991, from the Florida Department of
Environmental Regulation.
(75) Revisions to F.A.C. Chapter 17-242 (Motor Vehicle Emission
Standards and Testing Procedures) which were submitted to EPA on March
25, 1991.
(i) Incorporation by reference.
(A) Revision to F.A.C. 17-242 (Motor Vehicle Emission Standards and
Testing Procedures) which were adopted March 1, 1991.
Revision to F.A.C. Chapter 17-242 as follows:
17-242.100; and
17-242.200 (1), (6), (9), (11), (12), (15), (18), (26), (29) and (30);
and
17-242.300; and
17-242.400; and
17-242.500; and
17-242.600 (1-3(a)(3)), 3(a)(6-10), 5(a-f), 5(h), 6 and
17-242.700; and
17-242.800; and
17-242.900 (1), (2)(a), (2)(b), (2)(d) through (2)(g), (3), (4) and (5)
(ii) Other material.
(A) Letter of March 25, 1991, from the Florida Department of
Environmental Regulation.
(76) The Florida Department of Environmental Regulation submitted
revisions to chapter 17-2 of the Florida Administrative Code which were
submitted on January 14, 1992. These revisions incorporate Capture
Efficiency Test Procedures for Volatile Organic Compound sources into
the Florida Administrative Code.
(i) Incorporation by reference.
(A) Florida Administrative Code (FAC) 17-2.100 (32), (37), (38),
(39), (40), (60), (61), (68), (95), (101), (117), (155), (163), (180),
(218), (237), effective December 31, 1991.
(B) FAC 17-2.650(1)(f) Introductory paragraph, 1., 2., 3., 4., 5.,
6., 7., 12., 14., 15., and 16., effective December 31, 1991.
(C) FAC 17-2.700(6)(c)7, effective December 31, 1991.
(D) FAC 17-2.700(7), effective December 31, 1991.
(ii) Other material--None.
(77) [Reserved]
(78) State Implementation Plan for chapters 17-296, and 17-297, Soil
Thermal Treatment and Recodification of the Florida Administrative Code,
chapter 17-2, Air Pollution, submitted by the Department of
Environmental Regulation on November 23, 1992, and January 11, 1993,
respectively.
(i) Incorporation by reference.
[[Page 346]]
(A) The following chapters of the Florida Administrative Code,
effective October 15, 1992:
(1) 17-209, Local Air Pollution Programs,
(2) 17-210, Stationary Sources General Requirements,
(3) 17-212, Preconstruction Review,
(4) 17-252, Gasoline Vapor Control,
(5) 17-272, Ambient Air Quality Standards,
(6) 17-273, Air Pollution Episodes,
(7) 17-275, Air Quality Areas,
(8) 17-296, Stationary Sources--Emission Standards,
(9) 17-297, Stationary Sources--Emission Monitoring.
(B) Revisions to the following Florida Administrative Code: Chapters
17-296.200(162), 17-296.415, table 297.330-1: entry 17-296.415, 17-
297.500(6), Soil Thermal Treatment, effective November 17, 1992.
(ii) Other material. None.
(79) Revisions to the F.A.C. Chapter 17-252 which were submitted by
the Florida Department of Environmental Protection on January 8, 1993.
The submittal revised the regulations for vapor recovery.
(i) Incorporation by reference.
(A) Revision to F.A.C. 17-252 which was effective on February 2,
1993: 17-252.100; 17-252.200(2-12); 17-252.300; 17-252.400; 17-252.500;
17-252.800; 17-252.900
(ii) Other material.
(A) Letter of January 8, 1993, from the Florida Department of
Environmental Regulation.
(80) The Florida Department of Environmental Regulation has
submitted revisions to chapter 403.0852 of the Florida Statutes on
February 24, 1993. These revisions address the requirements of section
507 of title V of the CAA and establish the Small Business Stationary
Source Technical and Environmental Assistance Program (PROGRAM).
(i) Incorporation by reference. Florida Statutes 403.031(20),
403.0852 (1), (2), (3), (4), 403.0872(10)(b), 403.0873, 403.8051,
effective on April 28, 1992.
(ii) Other material. None.
(81) The maintenance plan for Duval County submitted by the Florida
Department of Environmental Protection on June 23, 1993, as part of the
Florida SIP.
(i) Incorporation by reference.
(A) Duval County Ozone Ten Year Maintenance Plan including Emissions
Inventory Summary and Projections effective on August 23, 1994.
(ii) Other material. None.
(82) Revisions to chapter 17-296 and 17-297 of the Florida
Administrative Code (FAC) regarding animal crematories and human
crematories submitted on October 8, 1992, and December 9, 1993,
respectively.
(i) Incorporation by reference.
(A) Amendments to FAC 17-2.600(d) and 17-2.700 and Table 700-1,
adopted September 24, 1992.
(B) Amendments to FAC 17-296.200(84), 17-296.401(5), 17-297.330,
Table 17-297.330-1 and 17-297.500(7), adopted November 12, 1992.
(ii) Additional information. None.
(83) Revisions to Chapter 17-296 of the Florida Administrative Code
(FAC) regarding Stationary Sources submitted on July 2, 1993.
(i) Incorporation by reference.
(A) Amendments to FAC 17-296.405 and 17-296.406, adopted June 9,
1993.
(84) Revisions to Florida Administrative Code Chapters 1709242 and
1709275 which were effective February 2, 1993.
(i) Incorporation by reference.
(A) Revisions to Florida Administrative Code 1709242 and 1709275
which were effective February 2, 1993.17.242.200(2), (16), (22),
(250926), (29), (31); 17.242.400(2093), (4)(a), (4)(b), (5) introductory
text and (5)(a);1709242.500(1)(a-b), (3)(b)1.; 1709242.600(2), (3)
introductory text, (3)(a)1., (3)(a)7., (3)(c), (5)(d); 1709242.700 (4)
introductory text, (4)(a), (4)(c-d), (5); 1709242.800(1),
1709242.900(1)(b), (2), (3)(c), (4); 1709275.100; 1709275.200
introductory text, (15), (170918); 275.300(1)(c), (3) introductory
text,(3)(a), (3)(b)introductory text, (3) introductory text, (3)(b)
introductory text, (3)(b)2. introductory text, (3)(b)2.b.-c., (3)(b)3.
introductory text, (3)(b)3.a.; 17.275.400(2095); 1709275.410(1093),(6);
1709275.420(1);1709275.600(1),(2) introductory text, (2)(b-c)
(ii) Other material. None.
[[Page 347]]
(85) Revisions to the State of Florida State Implementation Plan
(SIP) concerning emission statements were submitted on January 12, 1993
by the Florida Department of Environmental Protection.
(i) Incorporation by reference.
(A) Revisions to the following Florida Regulations were effective
February 9, 1993. F.A.C. 17-210.100; 17-210.200(47), (49), (52) and
(64); 17-210.370; and 17-210.900.
(ii) Other material. None.
(86) The maintenance plan for Southeast Florida submitted by the
Florida Department of Environmental Protection on November 8, 1993, as
part of the Florida SIP.
(i) Incorporation by reference.
(A) Southeast Florida Ozone Ten Year Maintenance Plan including
Emissions Inventory Summary and Projections effective on November 8,
1993.
(ii) Other material. None.
(87) Revisions to the Florida State Implementation Plan submitted by
the Department of Environmental Protection on December 10, 1996.
(i) Incorporation by reference. Section 62-210.200(1), (29)(g),
(77)(a), (b), (137), (145)(a)29., (167), (259)(a)3-5 and (b), (309(y),
and 62-210.220 of the Florida SIP effective October 15, 1996.
(ii) Other material. None.
(88) Revisions to the F.A.C. Chapters 17-212 and 17-296 which were
effective February 2, 1993
(i) Incorporation by reference.
(A) Revision to F.A.C. 17-212, and 17-296 which were effective on :
February 2, 1993. 17-212.100; 17-212.200 introductory paragraph,
(5),(12),(57),(63)(e),(64),(75); 17-212.400 introductory paragraph,(2)
introductory paragraph, (2)(f)3; 17-212.500(2)(a), (2)(a) introductory
paragrpah, 2(a)2. introductory paragraph, 2(a)2.a., (2)(a)2.e.4.,(4)(b),
(4)(c),(4)(d)1., (4)(d)2.a.-c., (4)(g), (5)(a), (5)(b)2.,4.-7.. 9.;17-
296.200(13), (50), (198); 17.500 introductory paragraph,(1); 17-
296.570(3).
(B) Revision to F.A.C. 17-296 which became effective on April 17,
1994. 17-296.500(1)(b), (2)(a)(1), (2)(b)(1), (2)(c), (6); 17-296.570(1-
2), (4).
(ii) Other material.
(A) Letters of January 8, 1993 and April 25, 1994, from the Florida
Department of Environmental Protection.
(89) The maintenance plan for Tampa, Florida, submitted by the
Florida Department of Environmental Protection on February 7, 1995.
(i) Incorporation by reference. Tampa Redesignation Request and
Attainment/Maintenance Plan for the Tampa Bay Florida Ozone
Nonattainment Area including Emissions Inventory Summary and Projections
adopted on November 16, 1994.
(ii) Other material. None.
(90) Revisions to Chapter 62-210, Stationary Sources--General
Requirements, submitted by the Florida Department of Environmental
Protection on December 21, 1994 and April 24, 1995.
(i) Incorporation by reference.
(A) Revised Sections 62-210.300, ``Permits Required'', except 62-
210.300(2)(b)1., and 62-210.350, ``Public Notice and Comment'',
effective November 23, 1994. Revised Section 62-210.300(2)(b)1.,
effective April 18, 1995.
(91) The State of Florida submitted revisions to the FDEP
Administrative Code for the Air Pollution Control Program on August 18,
1994. These revisions provide for the control of lead emissions from
facilities in the State of Florida, and will replace the Federal
Implementation Plan requirements codified in 40 CFR 52.535.
(i) Incorporation by reference. Chapters 17-296.200 (97) and (163)
introductory paragraph and (e), 17-296.600-605 effective on August 8,
1994.
(ii) Other material. None.
(92) The Florida Department of Environmental Protection has
submitted revisions to the Florida State Implementation Plan on August
12, 1994. These revisions address including the Small Business
Stationary Source Technical and Environmental Program in the Florida
Administrative Code, Chapter 17-202.
(i) Incorporation by reference.
(A) Chapter 17-202, Small Business Stationary Source Technical and
Environmental Compliance Assistance Program adopted on June 30, 1994.
(ii) Additional material. None.
(94) Revisions to the Florida SIP regarding perchloroethylene dry
cleaning facilities submitted on April 24, 1995.
[[Page 348]]
(i) Incorporation by reference.
Sections 62-210.200(17) and (48)(c); 62-210.300(2)(b) and (4); 62-
296.200(58); and 62-296.412 of the F.A.C., effective April 18, 1995.
(ii) Other material. None.
(95) The maintenance plan for Southeast Florida submitted by the
Florida Department of Environmental Protection on November 15, 1995, as
part of the Florida SIP.
(i) Incorporation by reference. Revision of the Attainment/
Maintenance Plan for the Southeast Florida Ozone Nonattainment Area
(Dade, Broward, and Palm Beach Counties) effective on November 15, 1995.
(ii) Other material. None.
(96) Nine variances to F.A.C. Chapter 62-252 were submitted by the
Florida Department of Environmental Protection on April 8, 1996. The
submittal granted variances from the regulations for vapor recovery for
nine facilities.
(i) Incorporation by reference.
(A) Florida Department of Environmental Protection Order Granting
Variance effective February 28, 1996 for: FAC 508514770; FAC
508944721; FAC 508630588; FAC 50863023; FAC 508514723; FAC
508514722; FAC 508514484; FAC 508513991; FAC 508841861.
(ii) Other material. None.
(97) General permit rules and exclusionary rules for the State of
Florida Department of Environmental Protection submitted by the Florida
Department of Environmental Protection as part of the Florida SIP.
(i) Incorporation by reference.
(A) Florida Administrative Code Regulation 62-210.300(3)(c) and 62-
210.300(4) of the Florida SIP as adopted by the Secretary of the Florida
Department of Environmental Protection on July 26, 1996 and which became
effective on August 15, 1996.
(ii) Other material. None.
(98) Revisions to the Florida SIP to amend the gasoline tanker truck
leak testing procedures, change the requirements to submit test results
and update the gasoline tanker truck leak test form which were submitted
on September 25, 1996.
(i) Incorporation by reference.
62-252.500(3) and 62-252.900, effective September 10, 1996.
(ii) Other material. None.
(99) [Reserved]
(100) Revisions to Chapter 62-204, Stationary Sources--General
Requirements, of the Florida SIP submitted by the Department of
Environmental Protection on November 22, 1994.
(i) Incorporation by reference. Sections 62-204.100, 62-204.200, and
62-204.400 of the Florida SIP, effective November 30, 1994.
(ii) Other material. None.
(101) Revisions to the Florida SIP adding SO2 permits to
specify SO2 emission limits for three sources in Duvall
County, Florida submitted on January 28, 1997.
(i) Incorporation by reference. The following source specific
SO2 permits of the Florida Department of Environmental
Protection.
SO2 Permits:
(A) Permit AO16-169138 SCM Glidco Organics conditions 1 through 18.
(B) Permit AO16-222421 Anheuser-Busch, Inc., conditions 1 through
18.
(C) Permit AO16-185805 The Celotex Corporation conditions 11 through
16.
(ii) Other material. None.
[37 FR 10858, May 31, 1972. Redesignated at 64 FR 32348, June 16, 1999]
Editorial Note: For Federal Register citations affecting
Sec. 52.536, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Subpart L--Georgia
Sec. 52.569 Identification of plan--conditional approval.
EPA is conditionally approving Rule 391-3-1-.02(2)(bbb) Gasoline
Marketing-Reid Vapor Pressure (RVP) of the Georgia SIP contingent upon
the State submitting documentation supporting the need for a 7.0 psi RVP
program within one year of the subject conditional interim approval.
[64 FR 20188, Apr. 26, 1999]
Sec. 52.570 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
implementation plan for Georgia 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.
[[Page 349]]
(b) Incorporation by reference. (1) Material listed in paragraph (c)
of this section with an EPA approval date prior to July 1, 2000, 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
approval date for paragraph (d) remains December 1, 1998. Material is
incorporated as it exists on the date of the approval, and notice of any
change in the material will be published in the Federal Register.
Entries in paragraphs (c) and (d) of this section with EPA approval
dates after July 1, 2000, 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 July 1, 2000.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303; the Office of the Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC.; or at the EPA, Air and Radiation Docket
and Information Center, Air Docket (6102), Ariel Rios Building, 1200
Pennsylvania Avenue, N.W., Washington, DC. 20460.
(c) EPA approved regulations.
EPA Approved Georgia Regulations
----------------------------------------------------------------------------------------------------------------
State
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
391-3-1-.01.................... Definitions................ 06/15/98 12/02/99, 64 FR
67494
391-3-1-.02.................... Provisions.................
391-3-1-.02(1)................. General Requirements....... 03/20/79 09/18/79, 44 FR
54047
391-3-1-.02(2)................. Emission Standards......... 06/23/96 06/27/96, 61 FR
33372
391-3-1-.02(2)(a).............. General Provisions......... 01/09/91 01/26/93, 58 FR 6093
391-3-1-.02(2)(b).............. Visible Emissions.......... 01/17/79 09/18/79, 44 FR
54047
391-3-1-.02(2)(c).............. Incinerators............... 06/15/98 12/02/99, 64 FR
67494
391-3-1-.02(2)(d).............. Fuel-burning Equipment..... 01/17/79 09/18/79, 44 FR
54047
391-3-1-.02(2)(e).............. Particulate Emission from 01/17/79 09/18/79, 44 FR
Manufacturing Processes. 54047
391-3-1-.02(2)(f).............. Normal Superphosphate 01/17/79 09/18/79, 44 FR
Manufacturing Facilities. 54047
391-3-1-.02(2)(g).............. Sulfur Dioxide............. 12/03/86 58 FR 6093
391-3-1-.02(2)(h).............. Portland Cement Plants..... 01/17/79 09/18/79, 44 FR
54047
391-3-1-.02(2)(i).............. Nitric Acid Plants......... 01/17/79 09/18/79, 44 FR
54047
391-3-1-.02(2)(j).............. Sulfuric Acid Plants....... 01/17/79 09/18/79, 44 FR
54047
391-3-1-.02(2)(k).............. Particulate Emission from 01/17/79 09/18/79, 44 FR
Asphaltic Concrete Hot Mix 54047
Plants.
391-3-1-.02(2)(l).............. Conical Burners............ 01/17/79 09/18/79, 44 FR
54047
391-3-1-.02(2)(m).............. repealed................... 06/30/75 10/03/75, 40 FR
45818
391-3-1-.02(2)(n).............. Fugitive Dust.............. 01/17/79 09/18/79, 44 FR
54047
391-3-1-.02(2)(o).............. Cupola Furnaces for 01/27/72 37 FR 10842
Metallurgical Melting.
391-3-1-.02(2)(p).............. Particulate Emissions from 12/16/75 08/20/76, 41 FR
Kaolin and Fuller's Earth 35184
Processes.
391-3-1-.02(2)(q).............. Particulate Emissions from 01/27/72 05/31/72, 37 FR
Cotton Gins. 10842
391-3-1-.02(2)(r).............. Particulate Emissions from 01/27/72 05/31/72, 37 FR
Granular and Mixed 10842
Fertilizer Manufacturing
Units.
391-3-1-.02(2)(t).............. VOC Emissions from 12/20/94 02/02/96, 61 FR 3817
Automobile and Light Duty
Truck Manufacturing.
391-3-1-.02(2)(u).............. VOC Emissions from Can 01/09/91 10/13/92, 57 FR
Coating. 46780
391-3-1-.02(2)(v).............. VOC Emissions from Coil 01/09/91 10/13/92, 57 FR
Coating. 46780
391-3-1-.02(2)(w).............. VOC Emissions from Paper 01/09/91 10/13/92, 57 FR
Coating. 46780
391-3-1-.02(2)(x).............. VOC Emissions from Fabric 01/09/91 10/13/92, 57 FR
and Vinyl Coating. 46780
391-3-1-.02(2)(y).............. VOC Emissions from Metal 01/09/91 10/13/92, 57 FR
Furniture Coating. 46780
391-3-1-.02(2)(z).............. VOC Emissions from Large 01/09/91 10/13/92, 57 FR
Appliance Surface Coating. 46780
391-3-1-.02(2)(aa)............. VOC Emissions from Wire 01/09/91 10/13/92, 57 FR
Coating. 46780
391-3-1-.02(2)(bb)............. Petroleum Liquid Storage... 01/09/91 10/13/92, 57 FR
46780
391-3-1-.02(2)(cc)............. Bulk Gasoline Terminals.... 01/09/91 10/13/92, 57 FR
46780
391-3-1-.02(2)(dd)............. Cutback Asphalt............ 01/17/79 09/18/79, 44 FR
54047
391-3-1-.02(2)(ee)............. Petroleum Refinery......... 01/09/91 10/13/92, 57 FR
46780
391-3-1-.02(2)(ff)............. Solvent Metal Cleaning..... 01/09/91 10/13/92, 57 FR
46780
391-3-1-.02(2)(gg)............. Kraft Pulp Mills........... 06/03/88 09/30/88, 53 FR
38290
391-3-1-.02(2)(hh)............. Petroleum Refinery 06/24/94 02/02/96, 61 FR 3817
Equipment Leaks.
391-3-1-.02(2)(ii)............. VOC Emissions from Surface 04/03/91 10/13/92, 57 FR
Coating of Miscellaneous 46780
Metal Parts and Products.
[[Page 350]]
391-3-1-.02(2)(jj)............. VOC Emissions from Surface 04/03/91 10/13/92, 57 FR
Coating of Flat Wood 46780
Paneling.
391-3-1-.02(2)(kk)............. VOC Emissions from 12/18/80 11/24/81, 46 FR
Synthesized Pharmaceutical 57486
Manufacturing.
391-3-1-.02(2)(ll)............. VOC Emissions from the 12/18/80 11/24/81, 46 FR
Manufacture of Pneumatic 57486
Rubber Tires.
391-3-1-.02(2)(mm)............. VOC Emissions from Graphic 04/03/91 10/13/92, 57 FR
Arts Systems. 46780
391-3-1-.02(2)(nn)............. VOC Emissions from External 12/18/80 11/24/81, 46 FR
Floating Roof Tanks. 57486
391-3-1-.02(2)(oo)............. Fiberglass Insulation 12/18/80 11/24/81, 46 FR
Manufacturing Plants. 57486
391-3-1-.02(2)(pp)............. Bulk Gasoline Plants....... 04/03/91 10/13/92, 57 FR
46780
391-3-1-.02(2)(qq)............. VOC Emissions from Large 04/03/91 10/13/92, 57 FR
Petroleum Dry Cleaners. 46780
391-3-1-.02(2)(rr)............. Gasoline Dispensing 04/03/91 10/13/92, 57 FR
Facility--Stage I. 46780
391-3-1-.02(2)(ss)............. Gasoline Transport Vehicles 04/03/91 10/13/92, 57 FR
and Vapor Collection 46780
Systems.
391-3-1-.02(2)(uu)............. Visibility Protection...... 10/31/85 01/28/86, 51 FR 3466
391-3-1-.02(2)(ww)............. Perchloroethylene Dry 11/15/94 06/27/96, 61 FR Repealed
Cleaners. 33372
391-3-1-.02(2)(zz)............. Gasoline Dispensing 11/12/92 02/02/96, 61 FR 3819
Facilities--Stage II.
391-3-1-.02(2)(ccc)............ VOC Emissions from Bulk 11/15/94 02/02/96, 61 FR 3817
Mixing Tanks.
391-3-1-.02(2)(eee)............ VOC Emissions from Expanded 11/15/94 02/02/96, 61 FR 3817
Polystyrene Products
Manufacturing.
391-3-1-.02(2)(fff)............ Particulate Matter 06/15/98 12/02/99, 64 FR
Emissions from Yarn 67494
Spinning Operations.
391-3-1-.02(2)(hhh)............ Wood Furniture Finishing 06/15/98 12/02/99, 64 FR
and Cleaning Operations. 67494
391-3-1-.02(2)(jjj)............ NOX Emissions from Electric 06/15/98 12/02/99, 64 FR
Utility Steam Generating 67494
Units.
391-3-1-.02(3)................. Sampling................... 12/25/97 03/13/00, 65 FR
13241
391-3-1-.02(4)................. Ambient Air Standards...... 01/09/91 12/14/92, 57 FR
58989
391-3-1-.02(5)................. Open Burning............... 05/27/85 08/09/88, 53 FR
29890
391-3-1-.02(6)................. Source Monitoring.......... 12/25/97 03/13/00, 65 FR
13241
391-3-1-.02(7)................. Prevention of Significant 06/15/98 12/02/99, 64 FR
Deterioration of Air 67494
Quality.
391-3-1-.02(8)................. New Source Performance 03/20/79 09/18/79, 44 FR
Standards. 54047
391-3-1-.02(9)................. Emission Standards for 03/20/79 09/18/79, 44 FR
Hazardous Air Pollutants. 54047
391-3-1-.02(11)................ Compliance Assurance 06/15/98 12/02/99, 64 FR
Monitoring. 67494
391-3-1-.03.................... Permits.................... 06/15/98 12/02/99, 64 FR
67494
391-3-1-.03(11)................ Permit by Rule............. 12/25/97 03/13/00, 65 FR
13241
391-3-1-.04.................... Air Pollution Episodes..... 11/20/75 08/20/76, 41 FR
35184
391-3-1-.05.................... Regulatory Exceptions...... 11/22/92 02/02/96, 61 FR 3819
391-3-1-.07.................... Inspections and 11/20/75 08/20/76, 41 FR
Investigations. 35184
391-3-1-.08.................... Confidentiality of 11/20/75 08/20/76, 41 FR
information. 35184
391-3-1-.09.................... Enforcement................ 11/22/92 02/02/96, 61 FR 3819
391-3-1-.10.................... Continuance of Prior Rules. 11/22/92 02/02/96, 61 FR 3819
391-3-10-.01................... Definitions................ 11/22/92 02/02/96, 61 FR 3819
391-3-10-.04................... Emission Control Inspection 11/22/92 02/02/96, 61 FR 3819
Procedures.
391-3-10-.07................... Qualifications for Mechanic 11/22/92 02/02/96, 61 FR 3819
Inspectors.
391-3-10-.10................... Records.................... 11/22/92 02/02/96, 61 FR 3819
391-3-10-.12................... Fees....................... 11/22/92 02/02/96, 61 FR 3819
391-3-10-.24................... Repairs: Reports, Failures, 11/22/92 02/02/96, 61 FR 3819
Reinspections, Owner's
Consent.
391-3-10-.30................... Completion of Emission 11/22/92 02/02/96, 61 FR 3819
Inspection Sticker, Loss,
Theft, Transferability of
Same.
391-3-20....................... Enhanced Inspection and 11/12/98 03/27/00
Maintenance.
391-3-22....................... Clean Fueled Fleets........ 06/15/98 12/02/99, 64 FR
67494
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source specific requirements.
EPA-Approved Georgia Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Georgia Power Plant Bowen........ EPD-AQC-180................ 11/17/80 08/17/81, 46 FR 41498
Georgia Power Plant Harllee 4911-117-6716-0............ 04/23/80 05/05/81, 46 FR 25092
Branch.
ITT Rayonier, Inc................ 2631-151-7686-C............ 11/04/80 08/14/81, 46 FR 41050
Georgia Power Plant Bowen........ EPD-AQC-163................ 05/16/79 01/03/80, 45 FR 781
Union Camp....................... 2631-025-7379.............. 12/18/81 04/13/82, 47 FR 15794
Blue Bird Body Company........... 3713-111-8601.............. 01/27/84 01/07/85, 50 FR 765
Plant McDonough.................. 4911-033-5037-0 conditions 12/27/95 03/18/99, 64 FR 13348
10 through 22.
Plant Yates...................... 4911-038-4838-0 conditions 12/27/95 03/18/99, 64 FR 13348
19 through 32.
[[Page 351]]
Plant Yates...................... 4911-038-4839-0 conditions 12/27/95 03/18/99, 64 FR 13348
16 through 29.
Plant Yates...................... 4911-038-4840-0 conditions 12/27/95 03/18/99, 64 FR 13348
16 through 29.
Plant Yates...................... 4911-038-4841-0 conditions 12/27/95 03/18/99, 64 FR 13348
16 through 29.
Plant Atkinson................... 4911-033-1321-0 conditions 11/15/94 03/18/99, 64 FR 13348
8 through 13.
Plant Atkinson................... 4911-033-1322-0 conditions 11/15/94 03/18/99, 64 FR 13348
8 through 13.
Plant Atkinson................... 4911-033-6949 conditions 5 11/15/94 03/18/99, 64 FR 13348
through 10.
Plant Atkinson................... 4911-033-1320-0 conditions 11/15/94 03/18/99, 64 FR 13348
8 through 13.
Plant Atkinson................... 4911-033-1319-0 conditions 11/15/94 03/18/99, 64 FR 13348
8 through 13.
Plant McDonough.................. 4911-033-6951 conditions 5 11/15/94 03/18/99, 64 FR 13348
through 10.
Atlanta Gas Light Company........ 4922-028-10902 conditions 11/15/94 03/18/99, 64 FR 13348
20 and 21.
Atlanta Gas Light Company........ 4922-031-10912 conditions 11/15/94 03/18/99, 64 FR 13348
27 and 28.
Austell Box Board Corporation.... 2631-033-11436. conditions 11/15/94 03/18/99, 64 FR 13348
1 through 5.
Emory University................. 8922-044-10094 conditions 11/15/94 03/18/99, 64 FR 13348
19 through 26.
General Motors Corporation....... 3711-044-11453 conditions 1 11/15/94 03/18/99, 64 FR 13348
thorough 6 and Attachment
A.
Georgia Proteins Company......... 2077-058-11226 conditions 11/15/94 03/18/99, 64 FR 13348
16 through 23 and
Attachment A.
Owens-Brockway Glass Container, 3221-060-10576 conditions 11/15/94 03/18/99, 64 FR 13348
Inc. 26 through 28 and
Attachment A.
Owens-Corning Fiberglas 3296-060-10079 conditions 11/15/94 03/18/99, 64 FR 13348
Corporation. 25 through 29.
William L. Bonnell Co............ 3354-038-6686-0 conditions 11/15/94 03/18/99, 64 FR 13348
17 through 30.
Transcontinental Gas Pipe Line 4922-075-10217 conditions 11/15/94 03/18/99, 64 FR 13348
Corporation. 21 through 24.
Lockheed-Georgia Company......... 9711-033-11456 conditions 1 11/15/94 03/18/99, 64 FR 13348
through 11.
Blue Circle Incorporated Permit.. 3241-060-8670 conditions 48 11/15/94 03/18/99, 64 FR 13348
through 54.
----------------------------------------------------------------------------------------------------------------
(e) EPA Approved Georgia Nonregulatory Provisions.
----------------------------------------------------------------------------------------------------------------
Applicable geographic State submittal date/
Name of nonregulatory SIP Provision or nonattainment area effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
1. High Occupancy Vehicle (HOV) lane Atlanta Metropolitan 11/15/93 and amended on 03/18/99 and 04/26/99.
on I-85 from Chamblee-Tucker Road to Area. 06/17/96.
State Road 316.
2. Clean Fuel Vehicles Revolving Loan
Program.
3. Regional Commute Options Program
and HOV Marketing Program.
4. HOV lanes on I-75 and I-85........
5. Two Park and Ride Lots: Rockdale
County-Sigman at I-20 and Douglas
County-Chapel Hill at I-20.
6. MARTA Express Bus routes (15
buses).
7. Signal preemption for MARTA routes
15 and 23.
8. Improve and expand service on
MARTA's existing routes in southeast
DeKalb County.
9. Acquisition of clean fuel buses
for MARTA and Cobb County Transit.
10. ATMS/ Incident Management Program
on I-75/I-85 inside I-285 and
northern ARC of I-285 between I-75
and I-85.
11. Upgrading, coordination and
computerizing intersections.
12. Georgia Interagency Atlanta Metropolitan 02/16/99............... 04/07/00
Transportation Conformity Memorandum Area.
of Agreement.
13. Atlantic Steel Transportation Atlanta Metropolitan 03/29/00............... 8/28/00
Control Measure. Area.
----------------------------------------------------------------------------------------------------------------
[64 FR 27701, May 21, 1999, as amended at 64 FR 35004, June 30, 1999; 64
FR 67494, Dec. 2, 1999; 64 FR 72940, Dec. 29, 1999; 65 FR 4136, Jan. 26,
2000; 65 FR 13241, Mar. 13, 2000; 65 FR 18249, Apr. 7, 2000; 65 FR
39822, June 28, 2000; 65 FR 52040, Aug. 28, 2000]
Sec. 52.571 Classification of regions.
The Georgia plan was evaluated on the basis of the following
classifications:
[[Page 352]]
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Augusta (Georgia)-Aiken (South Carolina) Interstate.. I II III III III
Metropolitan Atlanta Intrastate...................... I I III III III
Chattanooga Interstate............................... I II III III III
Columbus (Georgia)-Phenix City (Alabama) Interstate.. I III III III III
Central Georgia Intrastate........................... I I III III III
Jacksonville (Florida)-Brunswick (Georgia) Interstate I II III III I
Northeast Georgia Intrastate......................... II III III III III
Savannah (Georgia)-Beaufort (South Carolina) I I III III III
Interstate..........................................
Southwest Georgia Intrastate......................... II II III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10859, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
Sec. 52.572 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Georgia's plans for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plans satisfy all requirements of Part D,
Title I, of the Clean Air Act as amended in 1977, except as noted below.
[44 FR 54050, Sept. 18, 1979]
Sec. 52.573 Control strategy: General.
The generic rules and procedures for emission trades (bubbles),
submitted on October 27, 1982, by the Georgia Department of Natural
Resources, are disapproved because they do not meet the requirements of
the Clean Air Act.
[49 FR 44464, Nov. 7, 1984]
Sec. 52.574-52.575 [Reserved]
Sec. 52.576 Compliance schedules.
(a) [Reserved]
(b) The extended compliance schedule for the General Motors Lakewood
Assembly Plant submitted on July 30, 1982, is disapproved because the
State has failed to show that the schedule would not interfere with the
attainment of the ozone standard in the Atlanta nonattainment area.
[40 FR 3413, Jan. 22, 1975, as amended at 40 FR 18432, Apr. 28, 1975; 40
FR 42352, Sept. 12, 1975; 51 FR 3778, Jan. 30, 1986; 51 FR 40675, 40676,
Nov. 7, 1986; 54 FR 25258, June 14, 1989]
Sec. 52.577 [Reserved]
Sec. 52.578 Control Strategy: Sulfur oxides and particulate matter.
In a letter dated March 26, 1987, the Georgia 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 Georgia Power plants;
Hammond (Coosa), McDonough (Smyrna), Arkwright (Macon), Branch
(Milledgeville), Wansley (Roopville), Scherer (Juliette), and Yates
(Newnan), Savannah Electric Plants McIntosh (Rincon) and Port Wentworth
(Port Wentworth); Inland (Rome); Buckeye Cellulose (Oglethorpe); Georgia
Kraft (Macon), Union Camp (Savannah); and Stone Container (Savannah).
[54 FR 40002, Sept. 29, 1989]
Sec. 52.579 Economic feasibility considerations.
Section 88-906(h), (i), (k), (o) and (q) of the Georgia Code is
disapproved, since consideration of economic feasibility could, in some
cases, conflict, with the requirements of the Act that primary standards
be attained as expeditiously as practicable, but in no case later than
July 1975.
[39 FR 34536, Sept. 26, 1974]
Sec. 52.580 [Reserved]
Sec. 52.581 Significant deterioration of air quality.
(a) All applications and other information required pursuant to
Sec. 52.21 of this part from sources located in the
[[Page 353]]
State of Georgia shall be submitted to the Environmental Protection
Division, Georgia Department of Natural Resources, 270 Washington
Street, S.W., Atlanta, Georgia 30334, instead of the EPA Region IV
office.
(b) A letter of commitment concerning the incorporation of EPA's
revised modeling guidelines for PSD into the Georgia regulations was
submitted to EPA on May 11, 1987, by the Georgia Department of Natural
Resources.
[41 FR 24885, June 21, 1976, as amended at 47 FR 6018, Feb. 10, l982; 52
FR 32918, Sept. 1, 1987]
Sec. 52.582 Control strategy: Ozone.
(a) Approval--The Administrator approves the incorporation of the
photochemical assessment ambient monitoring system submitted by Georgia
on November 8, 1993, into the Georgia State Implementation Plan. This
submittal satisfies 40 CFR 58.20(f) which requires the State to provide
for the establishment and maintenance of photochemical assessment
monitoring stations (PAMS).
(b) On August 29, 1997, Harold F. Reheis, Director, Georgia
Department of Natural Resources submitted to John Hankinson, Regional
Administrator, United States Environmental Protection Agency Region IV,
a State Implementation Plan revision including the following
transportation control measures.
(1) HOV Lane--This project referred to as AR 073B is the addition of
HOV lanes on I-85 from Chamblee-Tucker Road to State Route 316.
(2) Ridershare Program--This project is referred to as AR-220 and is
a lump sum eligible to all colleges and universities with the 10 county
ARC region.
(3) Transportation Management Associations--Referred to as project
AR 221 is to set up a ``pot'' of funds set aside specially to assist in
the development of transportation management associations and start-up
ridershare services in the areas that are considered to be highly
congested throughout the Region.
(4) MARTA Transit Incentives Program--This project is referred to as
AR-231.
(5) Alternative Fuel Refueling Station/Park and Ride Transportation
Center--This project is referred to as DO-AR-211.
(c) EPA is giving final interim approval to the Georgia Inspection
and Maintenance (I/M) Program submitted on March 27, 1996, with
supplemental information submitted on January 31, 1997, until November
11, 1999.
[59 FR 46178, Sept. 7, 1994, as amended at 63 FR 23390, Apr. 29, 1998;
63 FR 34302, June 24, 1998; 64 FR 4570, Jan. 29, 1999]
Sec. 52.583 Additional rules and regulations.
Section 391-3-1-.02(2)(e), Particulate Emissions from Manufacturing
Processes, is hereby approved only to the extent that it provides for
the establishment, as permit conditions, of emission limits more
stringent than those otherwise applicable under the currently approved
Georgia regulations. Any application of this regulation which would
result in permit provisions less stringent than those otherwise required
by the State's regulations must be formally submitted to EPA for prior
approval as a plan revision pursuant to section 110(a) of the Clean Air
Act.
[41 FR 35185, Aug. 20, 1976]
Sec. 52.590 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Georgia'' and all revisions submitted by Georgia that
were federally approved prior to December 1, 1998.
(b) The plan was officially submitted on January 27, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Revisions to paragraph (a)(2) of Code Chapter 88-9 submitted on
March 28, 1972, by the Assistant Attorney General.
(2) Certification of public hearing submitted on February 14, 1972,
by the Georgia Department of Health.
(3) Miscellaneous non-regulatory additions to the plan submitted on
March 9, 1972, by the Georgia Department of Health.
(4) Clarifying comments on the plan submitted on May 5, 1972, by the
Georgia Department of Health.
(5) Certification of public hearing and miscellaneous additions to
Chapter 391-
[[Page 354]]
3-1, Sections .02(2)(d), .02(2)(q), .02(2)(r) and .02(6) submitted on
July 31, 1972, by the Governor.
(6) Amendments concerning operating permits, Section 391-3-1-.03,
submitted on March 20, 1974, by the Georgia Department of Natural
Resources.
(7) AQMA identification material submitted on May 17, 1974, by the
Georgia Department of Natural Resources.
(8) Revisions to Sections 391-3-1-02(2)(a) and 391-3-1-.02(2)(g) and
revocation of Section 391-3-1-02(2)(i) submitted on July 23, 1974, by
the Georgia Department of Natural Resources.
(9) Compliance schedules submitted on August 2, 1974, by the Georgia
Department of Natural Resources.
(10) Temporary operating permits submitted as compliance schedules
on October 8, 1974, by the Georgia Department of Natural Resources.
(11) Temporary operating permits submitted as compliance schedules
on November 7, 1974, by the Georgia Department of Natural Resources.
(12) Compliance schedules submitted on January 23, 1975, by the
Georgia Department of Natural Resources.
(13) AQMA identification material submitted on March 10, 1975, by
the Georgia Department of Natural Resources.
(14) Permit to operate for Georgia Power Company's Plant Atkinson
submitted on May 22, 1975, by the Georgia Department of Natural
Resources.
(15) Deletion of Section 391-3-1-.02(2)(m), the last sentence in
Section 391-3-1-.03(2)(c) and the last sentence in Section 391-3-
1-.03(3) submitted on June 30, 1975, by the Georgia Department of
Natural Resources.
(16) Miscellaneous plan revisions, submitted on December 16, 1975,
by the Georgia Department of Natural Resources.
(17) 1979 Implementation plan revisions for nonattainment areas for
ozone, total suspended particulates, and carbon monoxide, submitted on
January 17, March 9, 16, 20, June 29, December 27, 1979 and April 8,
1980, by the Georgia Department of Natural Resources.
(18) Order for Georgia Power Company's Plant Bowen, Units 1 and 2,
Taylorsville, submitted on May 16, 1979, by the Georgia Department of
Natural Resources.
(19) Miscellaneous implementation plan revisions, submitted on March
9, 1979, by the Georgia Department of Natural Resources.
(20) Alternate VOC compliance schedules for Ford and General Motors
plants in the Atlanta area, submitted on April 14, 1980 by the Georgia
Department of Natural Resources.
(21) Order for Georgia Power Company's Plant Harllee Branch, Unit 3
and 4 submitted on May 13, 1980, by the Georgia Department of Natural
Resources.
(22) Air quality surveillance plan submitted on January 29, 1980, by
the Georgia Department of Natural Resources.
(23) Permit revision affecting the allowable particulate emission
rates from the No. 6 Recovery Boiler, No. 3 Power Boiler and No. 5 Smelt
Dissolving Tank at the ITT Rayonier, Inc. in Jesup, Georgia submitted on
December 18, 1980, by the Georgia Department of Natural Resources.
(24) Order on Units 1 and 2 of Georgia Power Company's Plant Bowen
submitted on December 20, 1980, by the Georgia Department of Natural
Resources.
(25) Georgia lead SIP submitted on December 18, 1980, by the Georgia
Department of Natural Resources.
(26) Prevention of significant deterioration SIP, submitted on
December 18, 1980, by the Georgia Department of Natural Resources.
(27) A modified permit submitted on December 22, 1981, by the
Georgia Department of Natural Resources which imposes special reporting
and opacity limitations on Union Camp Corporation's Power Boilers 11 and
12 in Savannah, Georgia.
(28) Set II VOC regulations, submitted on December 18, 1980, by the
Georgia Department of Natural Resources.
(29) Alternative VOC compliance schedules for three sources in the
Atlanta area (St. Regis Paper Co., Printpack, Inc., and American Can
Co.), submitted on December 18, 1980, and May 7, 1981, by the Georgia
Department of Natural Resources.
[[Page 355]]
(30) Revisions to the Part D plan for the Atlanta CO nonattainment
area, submitted on July 30, 1982, by the Georgia Department of Natural
Resources.
(31) Bubble permit for Blue Bird Body Company in Fort Valley,
submitted on January 27, 1984, by the Georgia Department of Natural
Resources.
(32) Visibility new source review regulations and visibility
monitoring strategy were submitted to EPA on May 22, 1985, and October
31, 1985.
(i) Incorporation by reference.
(A) Letter of May 22, 1985, from the Georgia Department of Natural
Resources and new paragraph (2)(uu) of Rule No. 391-3-1-.02, titled
``Visibility Protection'', adopted by the Georgia Board of Natural
Resources on May 1, 1985.
(ii) Additional material.
(A) Narrative SIP, titled ``Georgia's Plan for Visibility Protection
in Class I Areas'' which includes the State's Visibility Monitoring
Strategy.
(B) Letter dated October 31, 1985, from the Georgia Department of
Natural Resources, providing a schedule for the completion of Georgia's
Visibility Monitoring Strategy.
(33) [Revised]
(34) Revision to Georgia's plan for visibility protection in Class I
areas entitled ``Visibility SIP'' submitted to EPA on August 31, 1987,
by the Georgia Environmental Protection Division (GEPD) to satisfy the
Part 2 visibility requirements.
(i) Incorporation by reference.
(A) June 10, 1988, letter from the Georgia Department of Natural
Resources, and page 5 of the section entitled ``Visibility SIP'' which
is part of the Georgia plan for visibility protection in Class I areas.
This page contains the periodic review requirements satisfying 40 CFR
51.306(c), and was adopted by the Georgia Department of Natural
Resources on August 31, 1987.
(ii) Additional material.
(A) Narrative entitled ``Visibility SIP'', a revision to Georgia's
plan for visibility protection in Class I areas.
(35) A revised subsection (2)(c), ``Incinerators,'' of rule 391-3-1-
02 was submitted by the Georgia Department of Natural Resources on May
22, 1985.
(i) Incorporation by reference.
(A) Letter of May 22, 1985, from the Georgia Department of Natural
Resources and revised subsection (2)(c) of rule 391-3-1-.02, titled
``Incinerators,'' adopted by the Georgia Board of Natural Resources on
May 1, 1985.
(ii) Additional material--none.
(36) Revised subsections (b) and (d) of rule 391-3-1-.02 (5), ``Open
Burning,'' were submitted by the Georgia Department of Natural Resources
on May 22, 1985.
(i) Incorporation by reference.
(A) Letter of May 22, 1985, from the Georgia Department of Natural
Resources and revised subsections (b) and (d) of rule 391-3-1-.02(5),
entitled ``Open Burning,'' adopted by the Georgia Board of Natural
Resources on May 1, 1985, to be effective May 27, 1985.
(ii) Additional material.
(A) Modeling demonstration, submitted on February 19, 1988, by the
Georgia Department of Natural Resources.
(37) Revisions to the VOC regulations, to correct RACT deficiencies;
Chapter 391-3-1-.01, and .02 of the Georgia Department of Natural
Resources Rules for Air Quality Control, which was submitted on January
3, 1991, and April 3, 1991. Change to Chapter 391-3-1-.02(3) to
reference a new version of the test manual which includes capture
efficiency protocols, which was submitted on September 30, 1991, and
November 15, 1991.
(i) Incorporation by reference.
(A) The following Rules of the Georgia Department of Natural
Resources, Chapter 391-3-1, Air Quality Control, became State effective
on January 9, 1991.
391-3-1-.01(jjj);
391-3-1-.02(2)(a)4.;
391-3-1-.02(2)(t);
391-3-1-.02(2)(u)2.(i) and (iii);
391-3-1-.02(2)(v)2.(i) and (iii);
391-3-1-.02(2)(w)2.(i) and (iii);
391-3-1-.02(2)(x)2.(i), (iii), and (x)3.(v);
391-3-1-.02(2)(y)2.(i) and (iii);
391-3-1-.02(2)(z)2.(i) and (iii);
391-3-1-.02(2)(aa)2.(i) and (iii);
391-3-1-.02(2)(bb)1.(ii);
391-3-1-.02(2)(cc);
391-3-1-.02(2)(ee)1.(iii);
391-3-1-.02(2)(ff)2.(ii)(V) and 3.(iii)(III);
391-3-1-.02(2)(ii)4.(i) and (iii);
391-3-1-.02(2)(jj)2.(i) and (iii);
391-3-1-.02(2)(mm)1.(i), (ii), and (iii);
391-3-1-.02(2)(pp);
[[Page 356]]
391-3-1-.02(2)(qq);
391-3-1-.0292)(rr);
391-3-1-.02(2)(ss);
391-3-1-.02(3)(a);
391-3-1-.02(6)(a)3.
(B) A revised Rule 391-3-1-.02(3)(a) ``Sampling'' which became State
effective October 17, 1991.
(ii) Other material--None.
(38) State implementation plan for PM10 which was submitted on April
15, 1988, January 3, 1991, and April 3, 1991, by the Georgia Department
of Natural Resources.
(i) Incorporation by reference.
(A) Revisions to Chapter 391-3-1, ``Air Quality Control'' which
became State effective April 14, 1988. Rule 391-3-1-.01,
``Definitions'', mm, yyy, zzz, aaaa; Rule 391-3-1-.02(4)(c), ``Ambient
Air Standards''; Rule 391-3-1.-02(7), ``Prevention of Significant
Deterioration of Air Quality''.
(B) Revisions to Rule 391-3-1-.02(4)(c), ``PM10'', which became
State effective January 9, 1991.
(ii) Other material.
(A) April 15, 1988, January 3, 1991, and April 3, 1991, letters from
the Georgia Department of Natural Resources.
(39) On December 15, 1986, and November 13, 1992, the Georgia
Department of Natural Resources, Environmental Protection Division
submitted regulations for Part D New Source Review.
(i) Incorporation by reference. Revisions to the following Rules of
Georgia Department of Natural Resources, Environmental Protection
Division, effective November 22, 1992:
(A) 391-3-1-.01 introductory paragraph
(B) 391-3-1-.03(8)(c)
(ii) Other material. Letter dated February 28, 1989, from the
Georgia Department of Natural Resources, page 3 regarding change in
operation of a source.
(40) Revisions to include NO2 increment requirements in
the PSD regulations, Chapter 391-3-.02(7) of the Georgia Department of
Natural Resources Administrative Code which was submitted on January 3,
1991.
(i) Incorporation by reference.
(A) Rule 391-3-1-.02(7) entitled ``Prevention of Significant
Deterioration of Air Quality'' which became state effective on January
9, 1991.
(ii) Other material.
(A) Letters dated January 3, 1991, and April 3, 1991, from the
Georgia Department of Natural Resources.
(B) Letter dated August 6, 1991, from the Georgia Department of
Natural Resources regarding minimum program elements.
(41) Revisions to Chapters 391-3-1-.01, 391-3-1-.02, and 391-3-1-.03
of the Georgia Department of Natural Resources Rules for Air Quality
Control, adopted on May 29, 1996, October 27, 1993, and August 23, 1995.
(i) Incorporation by reference.
(A) Rules of the Georgia Department of Natural Resources,
Environmental Protection Division, Chapter 391-3-1, Air Quality Control,
adopted on May 29, 1996:
(1) 391-3-1-.01(llll).
(2) 391-3-1-.01(mmmm).
(3) 391-3-1-.02(2)(ff)4.
(4) 391-3-1-.02(2)(ff)5.
(5) 391-3-1-.02(7).
(6) 391-3-1-.03(6).
(7) 391-3-1-.03(6)(b)11.
(8) 391-3-1-.03(6)(b)13.
(9) 391-3-1-.03(6)(c).
(10) 391-3-1-.03(6)(g).
(11) 391-3-1-.03(6)(h).
(B) Rules of the Georgia Department of Natural Resources,
Environmental Protection Division, Chapter 391-3-1, Air Quality Control,
adopted October 27, 1993:
(1) 391-3-1-.02(2)(aaa).
(2) 391-3-1-.02(5)(a)3.
(3) 391-3-1-.02(5)(a)13.
(4) 391-3-1-.02(5)(b).
(C) Rules of the Georgia Department of Natural Resources,
Environmental Protection Division, Chapter 391-3-1, Air Quality Control,
adopted August 23, 1995:
(1) 391-3-1-.02(2)(ii)6.
(2) 391-3-1-.02(2)(rr)1.
(3) 391-3-1-.02(2)(rr)3(vii).
(4) 391-3-1-.02(2)(rr)6.
(5) 391-3-1-.02(2)(zz)3.
(6) 391-3-1-.02(2)(zz)7.
(7) 391-3-1-.02(2)(zz)8.
(8) 391-3-1-.02(2)(zz)9.
(9) 391-3-1-.02(2)(zz)10.
(10) 391-3-1-.02(2)(zz)11.
(11) 391-3-1-.02(2)(zz)13.
(12) 391-3-1-.02(2)(zz)20.
[[Page 357]]
(13) 391-3-1-.02(2)(aaa)4.
(ii) Other material. None.
(42) Revisions to the Georgia stack height regulations; Chapter 391-
3-1 of the Georgia Department of Natural Resources Administrative Code
which were submitted on December 15, 1986, and January 3, 1991.
(i) Incorporation by reference.
(A) Rule 391-3-1-.02 (2)(g), which was adopted by the Georgia Dept.
of Natural Resources on December 3, 1986.
(B) Rule 391-3-1-.01 (Definitions) to include definitions (bbbb) and
(cccc) for ``stack'' and ``stack in existence''; and Rule 391-3-1-.02
(2)(a)4., which were adopted on December 5, 1990 by the Georgia
Department of Natural Resources, and became State law effective January
9, 1991.
(43) The Georgia Environmental Protection Division has submitted
revisions to the Georgia State Implementation Plan on September 27,
1995. These revisions address the requirements of section 507 of Title V
of the Clean Air Act and establish the Small Business Stationary Source
Technical and Environmental Program.
(i) Incorporation by reference.
(A) The submittal of the state of Georgia's Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program which was adopted on July 20, 1995.
(ii) Additional Material. None.
(44) Revisions to the Georgia State Implementation Plan; Chapter
391-3-1 and Chapter 391-3-10 of the Georgia Department of Natural
Resources Administrative Code which were submitted to EPA on November
13, 1992.
(i) Incorporation by reference.
(A) Georgia Department of Natural Resources Air Quality Rules
submitted by the Georgia Department of Natural Resources, Environmental
Protection Division for inclusion in the Georgia state implementation
plan which were adopted on October 28, 1992, are as follows:
391-3-1-.05, 391-3-1-.09, 391-3-1-.10, 391-3-1-.02(2)(zz), 391-3-
1-.02(6)(a)4., 391-3-1-.03(5), 391-3-1-.03(6)(h), 391-3-10.01(d)(e),
391-3-10-.04(d), 391-3-10-.07(2), 391-3-10-.10(b), 391-3-10-.12, 391-3-
10-.24(11), 391-3-10-.30(1), 391-3-10-.30(2).
(ii) Other material. None.
(45) The State of Georgia submitted a lead SIP for the Muscogee
County lead nonattainment area dated September 28, 1998.
(i) Incorporation by reference.
State Implementation Plan for Lead Columbus, Georgia Muscogee
County, Requirements for the GNB facility that were adopted on September
28, 1998.
(ii) Other material. None.
(46) Revisions to minor source permit rules submitted by the Georgia
Environmental Protection Division on March 15, 1995.
(i) Incorporation by reference. Revised Rule 391-3-1-.03,
``Permits'', sections (1), (2), and (12), effective August 17, 1994.
(ii) Other material. None.
(47) Chapter 391-3-1-.01, .02(2), and .02(7), of the Georgia
Department of Natural Resources Rules for Air Quality Control, submitted
on June 24, 1994, and November 15, 1994. Change to Chapters 391-3-
1-.02(3) and 391-3-1-.02(6) to reference a new version of the Georgia
Department of Natural Resources Manual of Procedures for Testing and
Monitoring Sources of Air Pollutants, submitted on November 15, 1994.
(i) Incorporation by reference.
(A) The following revised Rules of the Georgia Department of Natural
Resources, Chapter 391-3-1, Air Quality Control, became State effective
on June 13, 1994:
391-3-1-.02(2)(hh)(iii);
391-3-1-.02(7);
(B) The following revised Rules of the Georgia Department of Natural
Resources, Chapter 391-3-1, Air Quality Control, became State effective
on November 20, 1994:
391-3-1-.01;
391-3-1-.02(2)(t);
391-3-1-.02(2)(ccc);
391-3-1-.02(2)(eee);
391-3-1-.02(3)(a);
391-3-1-.02(6)(a)2.(v)(I);
391-3-1-.02(6)(a)2.(vii)(I);
391-3-1-.02(6)(a)2.(vii)(II)I.;
391-3-1-.02(6)(b)1.(vi)
(ii) Other material. None.
(48) Clean Fuel Fleet program submitted to EPA by the Georgia
Department of Natural Resources on May 5, 1994.
(i) Incorporation by reference.
[[Page 358]]
(A) Addition of Regulations 391-3-21-.01, ``Definitions,'' 391-3-
21-.02, ``Covered Area,'' 391-3-21-.03, ``Covered Fleet Operators,''
391-3-21-.04, ``Covered Fleet Vehicles,'' 391-3-21-.05, ``Determination
of Capable of Being Centrally Fueled,'' 391-3-21.06, ``Purchase
Requirements,'' 391-3-21.07, ``Emission Standards,'' 391-3-21.08,
``Credit Program,'' 391-3-21.09, ``Transportation Control Exemptions,''
391-3-21.10, ``Requirements for Fuel Providers,'' 391-3-21-.11, ``
Enforcement'' which became effective on May 22, 1994.
(ii) Other material. None.
(49) Addition of NOX RACT permits to specify RACT for
specific sources, submitted on November 15, 1994, and March 19, 1998.
(i) Incorporation by reference.
(A) The following source specific NOX RACT permits of the
Georgia Department of Natural Resources, Chapter 391-3-1, Air Quality
Control, effective on December 27, 1995.
NOX RACT Permits:
(1) Permit 4911-033-5037-0 Plant McDonough conditions 10 through 22;
(2) Permit 4911-038-4838-0 Plant Yates conditions 19 through 32;
(3) Permit 4911-038-4839-0 Plant Yates conditions 16 through 29;
(4) Permit 4911-038-4840-0 Plant Yates conditions 16 through 29; and
(5) Permit 4911-038-4841-0 Plant Yates conditions 16 through 29.
(B) The following source specific NOX RACT permits of the
Georgia Department of Natural Resources, Chapter 391-3-1, Air Quality
Control, effective on November 15, 1994.
NOX RACT Permits:
(1) Permit 4911-033-1321-0 Plant Atkinson conditions 8 through 13.
(2) Permit 4911-033-1322-0 Plant Atkinson conditions 8 through 13.
(3) Permit 4911-033-6949 Plant Atkinson conditions 5 through 10.
(4) Permit 4911-033-1320-0 Plant Atkinson conditions 8 through 13.
(5) Permit 4911-033-1319-0 Plant Atkinson conditions 8 through 13.
(6) Permit 4911-033-6951 Plant McDonough conditions 5 through 10.
(7) Permit 4922-028-10902 Atlanta Gas Light Company conditions 20
and 21.
(8) Permit 4922-031-10912 Atlanta Gas Light Company conditions 27
and 28.
(9) Permit 2631-033-11436 Austell Box Board Corp. conditions 1
through 5.
(10) Permit 8922-044-10094 Emory University conditions 19 through
26.
(11) Permit 3711-044-11453 General Motors Corporation conditions 1
thorough 6 and Attachment A.
(12) Permit 2077-058-11226 Georgia Proteins Company conditions 16
through 23 and Attachment A.
(13) Permit 3221-060-10576 Owens-Brockway Glass Container, Inc.
conditions 26 through 28 and Attachment A.
(14) Permit 3296-060-10079 Owens-Corning Fiberglass Corporation
conditions 25 through 29.
(15) Permit 3354-038-6686-0 William L. Bonnell Co. conditions 17
through 30.
(16) Permit 4922-075-10217 Transcontinental Gas Pipe Line
Corporation conditions 21 through 24.
(17) Permit 9711-033-11456 Lockheed-Georgia Company conditions 1
through 11.
(18) Permit 3241-060-8670 Blue Circle Incorporated conditions 48
through 54.
(ii) Other material. None.
(50) Georgia Enhanced Inspection and Maintenance submitted to EPA by
the Georgia Department of Natural Resources on March 27, 1996.
(i) Incorporation by reference.
(A) Chapter 391-3-20 Enhanced Inspection and Maintenance program
effective on September 24, 1996.
(ii) Other material. None.
[37 FR 10859, May 31, 1972. Redesignated at 64 FR 27701, May 21, 1999]
Editorial Note: For Federal Register citations affecting
Sec. 52.590, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Subpart M--Hawaii
Sec. 52.620 Identification of plan.
(a) Title of plan: ``State of Hawaii Air Pollution Control
Implementation Plan''.
(b) The plan was officially submitted on January 28, 1972.
(1) Previously approved on May 31, 1972 and now deleted without
replacement chapter 43, section 7.
(c) The plan revisions listed below were submitted on the dates
specified.
[[Page 359]]
(1) Certification that the plan was adopted submitted on April 4,
1972, by the Department of Health.
(2) Telegram and letters (Non-regulatory) clarifying the plan
submitted on May 8, 1972, by the Governor.
(3) Telegram (Non-regulatory) clarifying the particulate matter
control strategy submitted on May 22, 1972, by the Governor.
(4) Letter (Non-regulatory) clarifying disapproval of the plan
submitted on June 15, 1972, by the Governor.
(5) Revised regulations (in their entirety) for the State of Hawaii
submitted on November 21, 1972, by the Governor.
(6) Regulations establishing a permit system for agricultural
burning submitted on May 15, 1973, by the Governor.
(7) Compliance schedule submitted on July 27, 1973, by the Governor.
(8) 18-month extension plan for particulate matter submitted on
August 15, 1973, by the Governor.
(9) Date for attainment of the national ambient air quality
standards for particulate matter submitted on April 25, 1974, by the
Governor.
(10) Previously approved on April 23, 1979 and now deleted without
replacement: A variance to the Hawaii Public Health Regulations, chapter
43, section 7(b)(5) submitted on September 12, 1978, by the Governor.
(11) A variance to the Hawaii Public Health Regulations, Chapter 43,
Section 7(b)(5) submitted on February 22, 1979 by the Governor.
(12) The following amendments to the plan were submitted on August
21, 1980, by the Governor.
(i) XII. Air Quality Surveillance Network.
(13) A variance to the Hawaii Public Health Regulations, Chapter 43,
section 8 (b)(1) submitted on November 25, 1980 by the Governor.
(14) Previously approved on September 30, 1982 and now deleted
without replacement: A variance of the Hawaii Public Health Regulations,
chapter 43, section 8(b)(1) submitted on April 6, 1982, by the Governor.
(15) Hawaii State Lead SIP Revision submitted on October 29, 1982,
by the State.
(16) The following amendments to the plan were submitted on December
20, 1982 by the State.
(i) Title 11--Department of Health, Chapter 60, Air Pollution
Control.
(A) Amended sections 11-60-01 thru 11-60-29, 11-60-35 thru 11-60-38.
(B) Previously approved on August 18, 1983 and now deleted without
replacement section 11-60-36.
[37 FR 10861, May 31, 1972, as amended at 41 FR 8959, Mar. 2, 1976; 44
FR 23828, Apr. 23, 1979; 44 FR 46274, Aug. 7, 1979; 46 FR 40513, Aug.
10, 1981; 47 FR 3111, Jan. 22, 1982; 48 FR 37403, Aug. 18, 1983; 62 FR
34648, June 27, 1997]
Sec. 52.621 Classification of regions.
The Hawaii 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)
----------------------------------------------------------------------------------------------------------------
State of Hawaii................................. II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10860, May 31, 1972]
Sec. 52.622 [Reserved]
Sec. 52.623 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Hawaii's plan for attainment and maintenance of the national
standards. The State included various provisions in its plan to provide
for the attainment of State ambient air quality standards. As described
in the Governor's letters of January 28, May 8, and May 22, 1972, these
provisions were included for information purposes only and were not to
be considered a part of the plan to
[[Page 360]]
implement national standards. Accordingly, these additional provisions
are not considered a part of the applicable plan.
[37 FR 10861, May 31, 1972, as amended at 38 FR 12712, May 14, 1973; 39
FR 7280, Feb. 25, 1974]
Sec. 52.624 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
since the legal authority to provide for public availability of emission
data is inadequate.
(b) Regulation for public availability of emission data. (1) Any
person who cannot obtain emission data from the Agency responsible for
making emission data available to the public, as specified in the
applicable plan, concerning emissions from any source subject to
emission limitations which are part of the approved plan may request
that the appropriate Regional Administrator obtain and make public such
data. Within 30 days after receipt of any such written request, the
Regional Administrator shall require the owner or operator of any such
source to submit information within 30 days on the nature and amounts of
emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the applicable plan.
(2) Commencing after the initial notification by the Regional
Administrator pursuant to paragraph (b)(1) of this section, the owner or
operator of the source shall maintain records of the nature and amounts
of emissions from such source and any other information as may be deemed
necessary by the Regional Administrator to determine whether such source
is in compliance with applicable emission limitations or other control
measures that are part of the plan. The information recorded shall be
summarized and reported to the Regional Administrator, on forms
furnished by the Regional Administrator, and shall be submitted within
45 days after the end of the reporting period. Reporting periods are
January 1 to June 30 and July 1 to December 31.
(3) Information recorded by the owner or operator and copies of this
summarizing report submitted to the Regional Administrator shall be
retained by the owner or operator for 2 years after the date on which
the pertinent report is submitted.
(4) Emission data obtained from owners or operators of stationary
sources will be correlated with applicable emission limitations and
other control measures that are part of the applicable plan and will be
available at the appropriate regional office and at other locations in
the state designated by the Regional Administrator.
[39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55329, Nov. 28, 1975;
51 FR 40676, Nov. 7, 1986]
Sec. 52.625 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met,
since sections 322-64(5) and 322-66 of the Hawaii Revised Statutes
could, in some circumstances, prohibit the disclosure of emission data
to the public. Therefore, sections 322-64(5) and 322-66 are disapproved.
[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.626 Compliance schedules.
(a) [Reserved]
(b) The compliance schedules for the sources identified below are
disapproved as not meeting the requirements of Subpart N of this
chapter. The regulations cited are air pollution control regulations of
the State.
----------------------------------------------------------------------------------------------------------------
Regulation sections
Source Location involved Date of adoption
----------------------------------------------------------------------------------------------------------------
Nanakuli Paving & Rock Co., Ltd...... Molokai................ 8, 13.................. 7/27/73.
Kohala Corp.......................... Halaula................ 8, 12.................. Do.
----------------------------------------------------------------------------------------------------------------
[39 FR 16348, May 8, 1974, as amended at 51 FR 40676, Nov. 7, 1986; 54
FR 25258, June 14, 1989]
Sec. 52.627-52.631 [Reserved]
Sec. 52.632 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are
[[Page 361]]
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(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Hawaii.
[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980]
Sec. 52.633 Visibility protection.
(a) The requirements of section 169A of the Clean Air Act are not
met, because the plan does not include approvable procedures for
protection of visibility in mandatory Class I Federal areas.
(b) Regulations for visibility monitoring and new source review. The
provisions of Secs. 52.26, 52.27 and 52.28, are hereby incorporated and
made part of the applicable plan for the State of Hawaii.
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Hawaii.
[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]
Sec. 52.634 Particulate matter (PM-10) Group III SIP.
(a) On September 14, 1988, the Governor of Hawaii submitted a
revision to the State Implementation Plan (SIP) for implementing the
required monitoring activities and other tasks necessary to satisfy the
requirements of the PM-10 Group III SIP.
(b) The Hawaii Department of Health has committed to meet the
ongoing requirements for PM-10 Group III areas.
[55 FR 18110, May 1, 1990]
Subpart N--Idaho
Sec. 52.670 Identification of plan.
(a) Title of plan: ``Idaho Air Quality Implementation Plan.''
(b) The plan was officially submitted on January 31, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Miscellaneous additions (compliance schedules and non-regulatory
provisions) to the plan submitted on February 23, 1972, by the Idaho Air
Pollution Control Commission.
(2) Request for delegation of legal authority submitted on March 2,
1972, by the Governor.
(3) Compliance schedules submitted on April 12, 1972, by the
Governor.
(4) Request for an 18-month extension for particulate matter in all
AQCR's submitted on May 5, 1972, by the Governor.
(5) Miscellaneous additions (Non-regulatory) to the plan submitted
on May 26, 1972, by the Idaho Air Pollution Control Commission.
(6) Appendices D and E of the plan submitted on June 9, 1972, by the
Governor.
(7) Revisions to the Rules and Regulations for the Control of Air
Pollution in Idaho submitted on February 15, 1973, by the Governor.
(8) Compliance schedules submitted on July 23, 1973, by the
Governor.
(9) Amendment to Chapter IX of the plan to provide for review of
indirect sources and a new Chapter XIV which sets forth the control
strategy for attaining secondary particulate matter standards on October
16, 1973, by the Governor.
(10) Revisions to 1972 Session Laws, Chapter 347; 1973 Session Laws,
Chapter 87, 136, 137, 138, 139, and 143; Chapters 18 and 52, Idaho Code;
and the accompanying Attorney General's opinion submitted August 15,
1973, by the Governor.
(11) A new section 4 of Regulation A (General Provisions) and
revised Regulation T (Air Pollution Sources Permits) of the Rules and
Regulations for the Control of Air Pollution in Idaho (Chapter VII of
the plan), an addition to Chapter XI of the plan to include
administrative procedures for indirect source review, and compliance
schedules submitted on July 1, 1974, by the Governor.
(12) Air quality maintenance area designation submitted on June 11,
1974, by the Idaho Department of Environmental and Community Services.
(13) An amendment to Regulation C (Ambient Air Quality Standards)
and Regulation S (Control of Sulfur Oxide Emissions from Combined Lead/
Zinc Smelters) of the Rules and Regulations
[[Page 362]]
for the Control of Air Pollution in Idaho and revisions to Chapter IV
and Appendix F of the Implementation Plan submitted on January 10, 1975,
by the Governor.
(14) Revised sections 2 and 6 of Regulation A (General Provisions)
of the Rules and Regulations for the Control of Air Pollution in Idaho
submitted on January 24, 1975, by the Governor.
(15) Consent Order for Beker Industries submitted on July 28, 1975
by the Governor.
(16) On January 15, 1980 the Governor submitted the transportation
portion of the Boise-Ada County carbon monoxide plan.
(17) On July 1, 1980 the Governor submitted a SIP revision
containing a variance from the indirect source regulation for an urban
renewal project located in downtown Boise, as well as an adjustment to
the TCP which had been submitted to EPA in January 1980.
(18) On February 14, 1980 the State of Idaho Department of Health
and Welfare submitted a plan revision to meet the requirements of Air
Quality Monitoring 40 CFR part 58, subpart C, Sec. 58.20.
(19) Revisions to the ``Implementation Plan for the Control of Air
Pollution in the State of Idaho'' submitted by the Governor of Idaho on
January 15, 1980: Chapter I ``Introduction;'' Chapter II ``General
Administration;'' Chapter III ``Emissions Inventory;'' Chapter IV ``Air
Quality Monitoring;'' Chapter V ``Source Surveillance;'' Chapter VI
``Emergency Episode Plan;'' Chapter VII ``Approval Procedures for New
and Modified Sources;'' Chapter VIII ``Non-Attainment Area Plans;''
Chapter VIII-a ``Silver Valley Non-Attainment Plan;'' Chapter VIII-e
``Soda Springs Non-Attainment Plan;'' Appendix A.2 Legal Authority
(Section 39-100, Idaho Code); Appendix A.3, Title I, Chapter I, Rules
and Regulations for the Control of Air Pollution in Idaho, except
indirect source review provisions (1-1002.37, 1-1002.76 and 1-1004),
variance provisions (1-1007 and 1-1904) and ``Sulfur Dioxide Emission
Limitations for Combined Zinc and Lead Smelters'' (1-1851 through 1-
1868); Appendix B ``Emission Inventory, Ada County Carbon Monoxide Non-
Attainment Area;'' Appendix G ``Permits--Silver Valley'' (six permits);
and Appendix K ``Permits--Soda Springs'' (four permits).
(20) Chapter VIII-b ``Lewiston Non-Attainment Plan'' submitted by
the Governor of Idaho on January 15, 1980. On December 4, 1980, the
Governor submitted revised pages 31-39, an operating permit for a kraft
pulp and paper mill (Appendix H.1), operating permits for two grain
loading terminals (Appendices H.3 and H.4), and an operating permit for
an asphalt plant (Appendix H.5). On February 5, 1981 the Governor
further revised the nonattainment area plan by submitting a permit for a
wood products operation (Appendix H.2).
(21) Chapter VIII-d ``Pocatello TSP Non-Attainment Plan'' submitted
by the Governor of Idaho on March 7, 1980. This submittal included
operating permits for an elemental phosphorus plant (Appendix J.1), a
phosphate fertilizer manufacturing plant (Appendix J.2), and a Portland
cement plant (Appendix J.3). On February 5, 1981, the Governor submitted
a revised Chapter VIII-d.
(22) On February 3, 1984 the State of Idaho Department of Health and
Welfare submitted a revision to add a lead maintenance strategy to the
Idaho Implementation Plan.
(23) On May 29, 1984, the State of Idaho Department of Health and
Welfare submitted the Boise-Ada County carbon monoxide attainment plan
as an official State Implementation Plan revision. The submittal was
then supplemented on January 3, 1985.
(24) A revised Chapter VII Approval Procedures for New and Modified
Facilities; revised sections 1-1002, 1-1012, 1-1013, 1-1014, and 1-1101
of Appendix A. 3 ``Title 1, Chapter 1, Rules and Regulations for the
Control of Air Pollution in Idaho Manual;'' and the repeal of sections
1-1003, 1-1102 through 1-1112, and 1-1900 through 1-1906 of Appendix A.
3 ``Title 1, Chapter 1, Rules and Regulations for the Control of Air
Pollution in Idaho Manual;'' of the Implementation Plan for the Control
of Air Pollution in the State of Idaho, submitted by the Director of the
State of Idaho Department of Health and Welfare on April 19, 1985.
(Sections 1-1003, 1-1102 through 1-1112, and 1-1900 through 1-1906 of
Appendix A. 3 ``Title 1, Chapter 1, Rules and Regulations for the
Control of Air
[[Page 363]]
Pollution in Idaho Manual'' were previously approved by EPA at 40 CFR
52.670(c)(19).) An April 3, 1986, commitment letter from the Director of
the State of Idaho Department of Health and Welfare regarding stack
height provisions.
(i) Incorporation by reference. (A) Revised sections 1-1002, 1-1012,
1-1013, 1-1014, and 1-1101 of Appendix A. 3, ``Title 1, Chapter 1, Rules
and Regulations for the Control of Air Pollution in Idaho Manual'' of
the Implementation Plan for the Control of Air Pollution in the State of
Idaho, as adopted by the Idaho Board of Health and Welfare on November
1, 1984. An April 3, 1986, commitment letter from the Director of the
State of Idaho Department of Health and Welfare regarding stack height
provisions.
(ii) Other materials. (A) Revised Chapter VII Approval Procedures
for New and Modified Facilities of the Implementation Plan for the
Control of Air Pollution in the State of Idaho, submitted by the
Director of the Idaho Department of Health and Welfare on April 19,
1985. (This revised chapter replaces an earlier version which was
approved by EPA and incorporated by reference at 40 CFR 52.670(c)(19).)
(B) Sections 1-1003, 1-1102 through 1-1112, and 1-1900 through 1-
1906 of Appendix A. 3 ``Title 1, Chapter 1, Rules and Regulations for
the Control of Air Pollution in Idaho,'' of the Implementation Plan for
the Control of Air Pollution in the State of Idaho, repealed by the
Idaho Board of Health and Welfare on November 1, 1984. (These sections,
noted as repealed, replace the earlier versions which were approved by
EPA and incorporated by reference at 40 CFR 52.670(c)(19).)
(25) On March 27, 1987, the State of Idaho Department of Health and
Welfare submitted revised rules regulating the use of stack heights and
dispersion techniques (section 16.01.1002.94 and section 16.01.1014) as
revisions to the Idaho state implementation plan. Additional revisions
included clarifications to section 16.01.1009 (Total Compliance), and
section 16.01.1201.03 (Visible Emissions-Exception).
(i) Incorporation by reference.
(A) March 27, 1987 letter from the State of Idaho Department of
Health and Welfare to EPA, Region 10.
(B) Section 16.01.1002.94 (Stack), section 16.01.1014 (Stack Heights
and Dispersion Techniques), section 16.01.1009 (Total Compliance) and
section 16.01.1201.03 (Visible Emissions-Exception) adopted by the State
of Idaho Department of Health and Welfare on February 11, 1987.
(26) On June 15, 1990, the Administrator of the Idaho Department of
Health and Welfare submitted amendments to State of Idaho's Rules and
Regulations for the Control of Air Pollution in Idaho Manual as
revisions to the Idaho state implementation plan as follows: Idaho
Administrative Procedures Act, Section 16.01.01002 Definitions, Section
16.01.01012 Procedures and Requirements for Permits to Construct and
Operating Permits, and Section 16.01.01101 Air Quality Standards and
Area Classification.
(27) On September 4, 1992, the Administrator of the Idaho Department
of Health and Welfare submitted a revised and recodified Rules and
Regulations for the Control of Air Pollution in Idaho Manual (Idaho
Administrative Procedures Act Sections 16.01.01000 through 16.01.01999)
as a revision to the Idaho state implementation plan.
(i) Incorporation by reference.
(A) June 15, 1990, letter from the Administrator of the Idaho
Department of Health and Welfare to EPA Region 10 submitting amendments
to the Idaho state implementation plan.
(B) September 4, 1992, letter from the Administrator of the Idaho
Department of Health and Welfare to EPA Region 10 submitting amendments
to the Idaho state implementation plan.
(C) Idaho's Rules and Regulations for the Control of Air Pollution
in Idaho Manual (except for sections IDAPA 16.01.01007 Variances, IDAPA
16.01.01853 through 16.01.01856 Combined Zinc and Lead Smelters, IDAPA
16.01.0951 through 16.01.01968 Regulation of Standards of Performance
for New Stationary Sources, and IDAPA 16.01.01997 Confidentiality of
Records) as adopted by the Board of the Idaho Department of Health and
Welfare on July 30, 1992, and effective on August 21, 1992.
[[Page 364]]
(28) On April 14, 1992, the State of Idaho submitted a revision to
the SIP for Pinehurst, ID, 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. This submittal includes an additional area in Shoshone
County adjacent to the City of Pinehurst which EPA designated
nonattainment and moderate for PM-10 on January 20, 1994.
(i) Incorporation by reference.
(A) April 7, 1992 letter from Idaho Department of Health and Welfare
to EPA Region 10 submitting the Pinehurst Particulate Air Quality
Improvement Plan as a revision to the Implementation Plan for the
Control of Air Pollution in the State of Idaho. The plan has been
adopted in accordance with the authorities and requirements of the
Federal Clean Air Act and the Idaho Environmental Protection and Health
Act (Idaho Code section 39-10/et seq).
(B) SIP revision for Pinehurst Particulate Air Quality Improvement
Plan, February 5, 1992 (adopted on April 7, 1992).
(29) On June 29, 1994, the Idaho Department of Health and Welfare
submitted a CO State Implementation Plan for Northern Ada County, Idaho.
(i) Incorporation by reference.
(A) June 29, 1994 letter from Idaho Department of Health and Welfare
to EPA Region 10 submitting the CO SIP for Northern Ada County, Idaho.
(B) Minor Revision of the Northern Ada County, Idaho 1984 State
Implementation Plan for CO, June 1994 (including Ada County Ordinance
228, City of Boise Ordinance 5273, City of Meridian Ordinance 547, City
of Garden City Ordinance 558, and City of Eagle Ordinance 177), as
adopted by the Idaho Department of Health and Welfare on June 28, 1994.
(30) On January 7, 1994, the Administrator for the Idaho Department
of Health and Welfare, Division of Environmental Quality, submitted the
State PROGRAM as a revision to the Idaho SIP.
(i) Incorporation by reference.
(A) The January 3, 1994 letter from the Administrator of the Idaho
Department of Health and Welfare, Division of Environmental Quality,
submitting the PROGRAM to EPA.
(B) The State Implementation Plan Revision to Establish a State
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program (which includes the text of Idaho Code 39-118E, Small
Business Assistance, signed into law Senate bill 1236 by Idaho Governor,
Cecil D. Andrus, on March 29, 1993), dated December 29, 1993, and
adopted on January 3, 1994.
(31) On November 14, 1991, and on December 30, 1994, the Idaho
Department of Health and Welfare (IDHW) submitted revisions to the Idaho
State Implementation Plan (SIP) for the Northern Ada County/Boise
Particulate (PM10) Air Quality Improvement Plan.
(i) Incorporation by reference.
(A) November 14, 1991, letter from the IDHW Administrator to the EPA
Region 10 Regional Administrator submitting a revision to the Idaho SIP
for the Northern Ada County/Boise Particulate Air Quality Improvement
Plan; The Northern Ada County Boise Particulate (PM10) Air
Quality Improvement Plan adopted on November 14, 1991.
(B) December 30, 1994, letter from the IDHW Administrator to the EPA
Region 10 Regional Administrator including a revision to the Idaho SIP
for the Northern Ada County/Boise PM10 Air Quality
Improvement Plan; Appendix C-1, Supplemental Control Strategy
Documentation, Northern Ada County/Boise PM10 Air Quality
Improvement Plan, adopted December 30, 1994, with the following
attachments: Garden City Ordinances 514 (May 14, 1987), 533 (January
10, 1989) and 624 (September 13, 1994); Meridian Ordinance 667 (August
16, 1994); Eagle Ordinance 245 (April 26, 1994); Ada County Ordinance
254 (November 3, 1992); and Table Ordinance-1 (December 30, 1994).
(32) On December 6, 2000, the Idaho Department of Environmental
Quality submitted amendments to State of Idaho's Rules and Regulations
for the Control of Air Pollution in Idaho as revisions to the Idaho
state implementation plan as follows: sections 58.01.01.563 through
58.01.01.574.
(i) Incorporation by reference.
[[Page 365]]
(A) Section 58.01.01.563 Transportation Conformity, Section
58.01.01.564 Incorporation by Reference, Section 58.01.01.565
Abbreviations, Section 58.01.01.566 Definitions for the Purpose of
Sections 563 Through 574 and 582, Section 58.01.01.567 Agencies Affected
by Consultation, Section 58.01.01.568 ICC Member Roles in Consultation,
Section 58.01.01.569 ICC Member Responsibilities in Consultation,
Section 58.01.01.570 General Consultation Process, Section 58.01.01.571
Consultation Procedures, Section 58.01.01.572 Final Conformity
Determinations by USDOT, Section 58.01.01.573 Resolving Conflicts,
Section 58.01.01.574 Public Consultation Procedures.
(33) On February 9, 2001, the Idaho Department of Environmental
Quality submitted amendments to State of Idaho's Rules and Regulations
for the Control of Air Pollution in Idaho as revisions to the Idaho
state implementation plan as follows:
Section 58.01.01.582
(i) Incorporation by reference.
(A) Section 58.01.01.582 Interim Conformity Provisions for Northern
Ada County Former Nonattainment Area for PM-10.
(34) On February 9, 2001, the Idaho Department of Environmental
Quality submitted amendments to State of Idaho's Rules and Regulations
for the Control of Air Pollution in Idaho as revisions to the Idaho
state implementation plan as follows: Section 58.01.01.204.
(i) Incorporation by Reference.
(A) IDAPA 58.01.01.204 Permit Requirements for New Major Facilities
or Major Modifications in Nonattainment Areas and in the Former PM-10
Northern Ada County Nonattainment Area (as Defined in Section 582),
state adopted January 26, 2001.
[37 FR 10861, May 31, 1972, as amended at 41 FR 8959, Mar. 2, 1976; 41
FR 23202, June 9, 1976; 45 FR 70261, Oct. 23, 1980; 46 FR 15136, Mar. 4,
1981; 47 FR 32533, July 28, 1982; 49 FR 18833, May 3, 1984; 50 FR 23811,
June 6, 1985; 51 FR 22810, June 23, 1986; 53 FR 48540, Dec. 1, 1988; 58
FR 39447, July 23, 1993; 59 FR 43751, Aug. 25, 1994; 59 FR 47804, Sept.
19, 1994; 59 FR 61549, Dec. 1, 1994; 60 FR 27893, May 26, 1995; 61 FR
27023, May 30, 1996; 66 FR 18876, Apr. 12, 2001; 66 FR 19724, Apr. 17,
2001]
Sec. 52.671 Classification of regions.
The Idaho plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutants
-------------------------------------------------------------------------------
Air quality control region Particulate Sulfur
matter oxides Nitrogen dioxide Carbon monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Eastern Idaho Intrastate........ I............... II.......... III............. III............ III.
Eastern Washington Northern I............... II.......... III............. III............ III.
Idaho Interstate (Idaho).
Idaho Intrastate................ I............... III......... III............. III............ III.
Metropolitan Boise Intrastate... II.............. III......... III............. I.............. III.
----------------------------------------------------------------------------------------------------------------
[37 FR 10861, May 31, 1972, as amended at 45 FR 70261, Oct. 23, 1980; 47
FR 32534, July 28, 1982]
Sec. 52.672 [Reserved]
Sec. 52.673 Approval status.
With the exceptions set forth in this subpart, the Administrator
approves Idaho's plan for the attainment and maintenance of the national
standards.
Sec. 52.674 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met
since the authority to release emission data to the public could be
precluded in certain circumstances by section 39-111 of the Idaho Code
annotated.
(b) Delegation of Authority: Pursuant to section 114 of the Act,
Idaho requested a delegation of authority to enable it to collect,
correlate, and release emission data to the public. The Administrator
has determined that Idaho is qualified to receive a delegation of the
authority it requested. Accordingly, the Administrator delegates to
Idaho his authority under section 114(a) (1) and (2) and section 114(c)
of
[[Page 366]]
the Act, i.e., authority to collect, correlate, and release emission
data to the public.
[37 FR 10861, May 31, 1972, as amended at 39 FR 41253, Nov. 11, 1974; 51
FR 40676, Nov. 7, 1986]
Sec. 52.675 Control strategy: Sulfur oxides--Eastern Idaho Intrastate
Air Quality Control Region.
(a)(1) Regulation R of the Rules and Regulations for the Control of
Air Pollution in Idaho, which is part of the sulfur dioxide
(SO2) control strategy, is disapproved since it is
inconsistent with the purposes and provisions of subpart G of this
chapter. These requirements are not met by Regulation R in that the
SO2 control strategy contained therein is not adequate for
the attainment and maintenance of SO2 national ambient air
quality standards (NAAQS).
(2) Rules 1-1801 through 1-1804 (Rules for Control of Sulfur Oxide
Emissions from Sulfuric Acid Plants) of the ``Rules and Regulations for
the Control of Air Pollution in Idaho'' are inadequate to ensure
attainment and maintenance of Sulfur Dioxide National Ambient Air
Quality Standards in the Eastern Idaho Intrastate Air Quality Control
Region. Special limits have previously been established for certain
existing acid plants in this Air Quality Control Region
(Secs. 52.670(c)(15) and 52.675(b)). Therefore, Rules 1-1801 through 1-
1804 are approved except as they apply to existing acid plants with
approved or promulgated emission limits that are more stringent than the
limit found in 1-1802.
(b) Regulation for control of sulfur dioxide (SO2)
emissions: Sulfuric Acid Plants. (1) The provisions of this paragraph
shall apply to the owner(s) and operator(s) of The J. R. Simplot
Company's Minerals and Chemical Division, located in Power County,
Idaho, in the Eastern Idaho Intrastate Air Quality Control Region.
(2) The owner(s) and operator(s) of The J. R. Simplot Company
facility shall utilize best engineering techniques in the operation of
their plant to prevent fugitive SO losses. Such techniques shall include
but are not limited to:
(i) Operating and maintaining all conducts, flues, and stacks in a
leakfree condition.
(ii) Operating and maintaining all process equipment and gas
collection systems in such a fashion that leakage of SO2
gases will be prevented to the maximum extent possible.
(3) The owner(s) and operator(s) of The J. R. Simplot Company
facility shall limit SO2 emissions from their sulfuric acid
plants per the following:
(i) The combined SO2 emissions from the designated 100
and 200 sulfric acid plants shall not exceed 2 kilograms (kg) per metric
ton (4 pounds per ton) of 100 percent sulfuric acid produced.
(ii) The SO2 emissions from the designated 300 sulfuric
acid plant and stack shall not exceed 994 kg per hour (2190 pounds per
hour).
(4) (i) The owner(s) and operator(s) of The J. R. Simplot Company
shall achieve compliance with the requirements specified in paragraphs
(b)(2) and (b)(3) of this section in accordance with the following
schedule:
(A) Advise EPA as to status of contract(s) and construction
schedules for pollution abatement projects within 30 days of the
effective date of this regulation.
(B) Attain final compliance by July 31, 1976.
(ii) A performance test of the 300 acid plant shall be necessary to
determine whether compliance has been achieved with the requirements of
paragraph (b)(3) of this section. Such test must be completed within 15
days of the final compliance date specified in paragraph (b)(4)(i) of
this section. Notice must be given to the Administrator at least 10 days
prior to such a test to afford him an opportunity to have an observer
present.
(iii) Within 60 days after achieving the maximum production rate at
which the 100 and 200 acid plant will be operated, but not later than
180 days after initial start-up of these plants and at such other times
as may be required by the Administrator under section 114 of the Clean
Air Act, the owner(s) and operator(s) of the facility shall conduct
performance test(s) in accordance with the requirements of 40 CFR 60.8.
(iv) If the owner(s) and operator(s) of the J. R. Simplot Company
facility are
[[Page 367]]
presently in compliance with the requirements of paragraphs (b)(2) and
(b)(3) of this section or in compliance with a portion of these
requirements, such compliance shall be certified to the Administrator
within 15 days following the date of the publication of these
requirements as a final regulation in the Federal Register. If the
owner(s) or operator(s) of The J. R. Simplot Company achieve compliance
prior to July 31, 1976, such compliance shall be certified to the
Administrator within 15 days of the date of achieving compliance. The
Administrator may request whatever supporting information he considers
necessary to determine the validity of the certification.
(5) (i) By no later than September 30, 1976, the owner(s) and
operator(s) of The J. R. Simplot Company facility shall install,
calibrate, maintain and operate measurement system(s) for:
(A) Continuously monitoring and recording SO2
concentration rates in each sulfuric acid plant discharge stack per the
requirements of 40 CFR 60.13 and 60.84.
(B) Continuously monitoring and recording gas volumetric flow rates
in the exhaust stack of the designated 300 sulfuric acid plant.
(ii) By no later than October 30, 1976, and at such other times
following that date as the Administrator may specify, the SO2
concentration measurement system(s) and stack gas volumetric flow rate
system(s) installed and used pursuant to this paragraph shall be
demonstrated to meet the measurement system performance specifications
prescribed in 40 CFR 60.13 and Appendix E to this part, respectively.
The Administrator shall be notified at least 10 days prior to the start
of this field test period to afford the Administrator the opportunity to
have an observer present.
(iii) The sampling point for monitoring the concentration of
SO2 emissions shall be in the duct at the centroid of the
cross section of the discharge stack if the cross sectional area is less
than 4.65 m 2 (50 ft 2) or at a point no closer to
the wall than 0.91 m (3 ft) if the cross sectional area is 4.65
m 2 (50 ft 2) or more. The monitor sample point
shall be representative of the average concentration in the duct.
(iv) The measurement system(s) shall be maintained, operated and
calibrated in accordance with the methods prescribed by the
manufacturers. Records of maintenance and/or calibration shall be kept
and submitted to the Administrator upon request. These records shall
clearly show instrument readings before and after such calibration and/
or maintenance.
(v) The owner(s) and operator(s) of The J. R. Simplot Company
facility shall maintain a daily record of three hour average emission
rate measurements for each sulfuric acid plant. Three hour average
emission rates shall be calculated for each day beginning at midnight.
For the 100 and 200 acid plants, the calculations shall be in
conformance with 40 CFR 60.84. For the 300 acid plant, average SO2
emission rates expressed in kg SO2 per hour shall be
calculated. The results of these calculations for each month shall be
submitted to the Administrator within 15 days following the end of each
month. Such submission shall identify each period of excess emissions
that occurred and the nature and cause of any malfunction (if known),
the corrective action taken or preventative measures adopted. The
records of such measurements including strip charts and other
appropriate raw data shall be retained for a minimum of two years
following the date of such measurements.
(vi) The continuous monitoring and recordkeeping requirements of
paragraph (b)(5) of this section shall become applicable September 30,
1976.
(6)(i) Compliance with the requirements set forth in paragraph
(b)(3) of this section shall be determined using the emission rates
measured by the continuous measurement system(s) installed, calibrated,
maintained and operated in accordance with the requirements of paragraph
(b)(5) of this section.
(ii) At the Administrator's discretion, compliance may also be
determined using the manual source test methods per 40 CFR 60.85 and
Appendix A to part 60 of this title. Emission rates for each stack shall
be expressed in units consistent with those in paragraph (b)(3) of this
section.
(iii) A violation of the requirements of paragraph (b)(3) of this
section shall
[[Page 368]]
occur whenever the SO2 emission rates determined according to
paragraph (b)(6)(i) or (b)(6)(ii) of this section exceed the
corresponding SO2 emission rates specified in paragraph
(b)(3) of this section.
(7) The owner(s) and operator(s) of The J. R. Simplot Company
facility shall by September 30, 1976, install, calibrate, maintain and
operate a network for continuously monitoring ground level ambient
SO2 concentrations and wind speed and direction.
(i) The monitoring network shall consist of at least four ambient
SO2 monitoring stations and one meteorological station placed
at locations approved by the Administrator.
(ii) The SO2 monitoring network shall be consistent with
automated equivalent methods for measurement of ambient concentrations
of SO2 as defined in part 53 of this chapter.
(iii) The monitoring network installed and used pursuant to this
subparagraph shall be maintained, operated and calibrated in accordance
with the methods prescribed by the manufacturers. Records of maintenance
and/or calibration shall be kept and submitted to the Administrator upon
request. These records shall clearly show instrument readings before and
after such calibration and/or maintenance.
(iv) The owner(s) and operator(s) of The J. R. Simplot Company
facility shall maintain a daily record of all measurements required by
this subparagraph. Strip charts and other raw data from the monitoring
network shall be retained for a minimum of two years following the date
of such measurement.
(v) The owner(s) and operator(s) of The J. R. Simplot Company shall
calculate hourly average ambient SO2 concentrations, wind
speed, and wind direction from each monitoring station and submit such
values to the Administrator within 15 days following the end of each
month.
(vi) The continuous monitoring and recordkeeping requirements of
paragraph (b)(7) of this section shall become applicable September 30,
1976 and shall remain applicable until such time as the Administrator
declares that an adequate ambient air data base has been established,
which shall be no earlier than at least one calendar year.
(vii) Within 90 days of the Administrator's declaration of an
adequate data base, Simplot shall submit to the Administrator a
technical analysis of the degree of permanent control required on the
300 acid plant to ensure attainment and maintenance of NAAQS.
(8) Nothing in paragraph (b) of this section shall be construed to
relieve the owner(s) and operator(s) of The J. R. Simplot Company to
comply with any applicable requirements of part 60 of this title. In the
event of conflicting requirements or interpretations between part 60 of
this title and this paragraph, the more restrictive interpretation or
requirement shall apply.
(9) In the event that measurement systems cannot be installed and
operational by the date specified in this section, The J. R. Simplot
Company shall propose the earliest possible date by which such
requirements can be met. Such proposal shall include adequate
justification and supporting documentation.
[41 FR 23202, June 9, 1976, as amended at 47 FR 32534, July 28, 1982; 51
FR 40676, Nov. 7, 1986]
Sec. 52.676 Control strategy: Particulate matter.
Revocation of PM-10 NAAQS--On July 24, 1998, the State of Idaho
submitted a request that EPA determine that the PM-10 NAAQS in effect as
of September 16, 1997, no longer apply to the Northern Ada County/Boise
area and to revoke the nonattainment designation associated with that
NAAQS. The State has satisfied the requirements of the Clean Air Act as
well as 40 CFR 50.6(d) and Guideline for Implementing the 1-Hour Ozone
and Pre-Existing PM-10 NAAQS dated December 29, 1997. (A copy of the
guidance document may be found on the World Wide Web site at the
following URL: http://www.epa.gov/ttncaaa1/1pgm.html). Therefore, EPA
revokes the pre-existing NAAQS for particulate matter as delineated in
40 CFR 50.6. The revised NAAQS for particulate matter in 40 CFR 50.7
remain in effect.
[64 FR 12263, Mar. 12, 1999]
[[Page 369]]
Secs. 52.677-52.678 [Reserved]
Sec. 52.679 Contents of Idaho State Implementation Plan.
Implementation Plan for the Control of Air Pollution in the State of
Idaho
Chapter I--Introduction (submitted 1-15-80)
Chapter II--Administration (submitted 1-15-80)
Chapter III--Emissions Inventory (submitted 1-15-80)
Chapter IV--Air Quality Monitoring (submitted 1-15-80, 2-14-80)
Chapter V--Source Surveillance (submitted 1-15-80)
Chapter VI--Emergency Episode Plan (submitted 1-15-80)
Chapter VII--Approval Procedures for New and Modified Facilities
(submitted 4-19-85)
Chapter VIII--Non-Attainment Area Plan
VIII-a--Silver Valley Nonattainment Plan (submitted 1-15-80)
VIII-b--Lewiston Nonattainment Plan (submitted 1-15-80, 12-4-80)
VIII-c--Transportation Control Plan for the carbon monoxide of Ada
County (submitted 5-24-84, 1-3-85, 3-25-85)
VIII-d--Pocatello TSP Nonattainment Plan (submitted 3-7-80, 2-5-81)
VIII-e--Soda Springs Nonattainment Plan (submitted 1-15-80)
Chapter IX--Reserved
Chapter X--Plan for Maintenance of National Ambient Air Quality
Standards for Lead (submitted 2-3-84)
Appendix A--Legal Authority and Other General Administrative Matters
(submitted 1-15-80)
Appendix A.2--Section 39-100, Idaho Code (submitted 1-15-80)
Appendix A.3--Title 1, Chapter 1, Rules and Regulations for Control of
Air Pollution in Idaho Manual (submitted 1-15-80, 4-19-85, 6-
15-90, 8-21-92)
01.01000. Legal Authority (6-28-78)
01.01001. Policy (6-28-78)
01.01002. Title (12-31-91)
01.01003. Definitions
01.01003,01. Act (4-1-72)
01.01003,02. Actual Emissions (11-1-84)
01.01003,03. Adverse Effect on Visibility (11-1-84)
01.01003,04. Agricultural Field (3-12-85)
01.01003,05. Air Contaminant (11-1-84)
01.01003,06. Air Pollution (1-24-69)
01.01003,07. Air Quality (4-1-72)
01.01003,08. Air Quality Criterion (4-1-72)
01.01003,09. Allowable Emissions (11-1-84)
01.01003,10. Ambient Air (11-1-84)
01.01003,11. Ambient Air Quality Violation (8-11-75)
01.01003,12. ASTM (4-1-72)
01.01003,13. Attainment Area (11-1-84)
01.01003,14. Background Level (6-20-74)
01.01003,15. Baseline (Area, Concentration, Date) (12-31-91)
01.01003,16. Best Available Control Technology (BACT) (11-1-84)
01.01003,17. Board (6-20-74)
01.01003,18. BTU (11-1-84)
01.01003,19. Collection Efficiency (4-1-72)
01.01003,20. Commence Construction or Modification (11-1-84)
01.01003,21. Complete (11-1-84)
01.01003,22. Construction (11-1-84)
01.01003,23. Control Equipment (4-1-72)
01.01003,24. Controlled Emission (4-1-72)
01.01003,25. Criteria Pollutant (11-1-84)
01.01003,26. Department (6-20-74)
01.01003,27. Designated Facility (11-1-84)
01.01003,28. Director (12-31-91)
01.01003,29. Emission (8-21-92)
01.01003,30. Emission Standard (11-1-84)
01.01003,31. Emission Standard Violation (11-1-84)
01.01003,32. Emissions Unit (11-1-84)
01.01003,33. Equivalent Air-Dried Kraft Pulp (5-16-71)
01.01003,34. Existing Stationary Source or Facility (11-1-84)
01.01003,35. Facility (11-1-84)
01.01003,36. Federal Class I Area (12-31-91)
01.01003,37. Federal Land Manager (11-1-84)
01.01003,38. Fire Hazard (3-12-85)
01.01003,39. Fuel-Burning Equipment (4-1-72)
01.01003,40. Fugitive Dust (11-1-84)
01.01003,41. Fugitive Emissions (11-1-84)
01.01003,42. Garbage (3-12-85)
01.01003,43. Hazardous Air Pollutant (11-1-84)
01.01003,44. Hazardous Waste (3-12-85)
01.01003,45. Hot-Mix Asphalt Plant (1-24-69)
01.01003,46. Incinerator (4-1-72)
01.01003,47. Indian Governing Body (11-1-84)
01.01003,48. Indian Reservation (11-1-84)
01.01003,49. Industrial Process (11-1-84)
01.01003,50. Innovative Control Technology (11-1-84)
01.01003,51. Integral Vista (11-1-84)
01.01003,52. Kraft Pulping (5-16-71)
01.01003,53. Lowest Achievable Emission Rate (LAER) (11-1-84)
01.01003,54. Major Facility (11-1-84)
01.01003,55. Major Modification (11-1-84)
01.01003,56. Malfunction (12-5-74)
01.01003,57. Mandatory Federal Class I Area (11-1-84)
01.01003,58. Modification (11-1-84)
01.01003,59. Monitoring (4-1-72)
01.01003,60. Multiple Chamber Incinerator (4-1-72)
01.01003,61. Net Emissions Increase (12-31-91)
01.01003,62. New Stationary Source or Facility (12-31-91)
01.01003,63. Nonattainment Area (11-1-84)
01.01003,64. Noncondensables (4-1-72)
01.01003,65. Odor (4-1-72)
01.01003,66. Opacity (11-1-84)
[[Page 370]]
01.01003,67. Open Burning (4-1-72)
01.01003,68. Operating Permit (12-31-91)
01.01003,69. Particulate Matter (4-1-72)
01.01003,70. Particulate Matter Emissions (5-16-90)
01.01003,71. Permit to Construct (12-31-91)
01.01003,72. Person (11-1-84)
01.01003,73. PM-10 (5-16-90)
01.01003,74. PM-10 Emissions (5-16-90)
01.01003,75. Portable Equipment (11-1-84)
01.01003,76. PPM (parts per million) (4-1-72)
01.01003,77. Prescribed Fire Management Burning (3-12-85)
01.01003,78. Primary Ambient Air Quality Standard (4-1-72)
01.01003,79. Process or Process Equipment (11-1-84)
01.01003,80. Process Weight (11-1-84)
01.01003,81. Process Weight Rate (11-1-84)
01.01003,82. Reasonable Further Progress (RFP) (11-1-84)
01.01003,83. Salvage Operations (4-1-72)
01.01003,84. Secondary Ambient Air Quality Standard (4-1-72)
01.01003,85. Secondary Emissions (11-1-84)
01.01003,86. Significant (5-16-90)
01.01003,87. Significant Contribution (5-16-90)
01.01003,88. Small Fire (3-12-85)
01.01003,89. Smoke (4-1-72)
01.01003,90. Smoke Management Plan (12-31-91)
01.01003,91. Smoke Management Program (3-12-85)
01.01003,92. Source (11-1-84)
01.01003,93. Source Operation (4-1-72)
01.01003,94. Stack (3-3-87)
01.01003,95. Standard Conditions (12-31-91)
01.01003,96. Stationary Source (11-1-84)
01.01003,97. Time Intervals (11-1-84)
01.01003,98. Total Suspended Particulates (5-16-90)
01.01003,99. Trade Wastes (3-12-85)
01.01003,100. TRS (total reduced sulfur) (5-16-71)
01.01003,101. Unclassifiable Area (11-1-84)
01.01003,102. Uncontrolled Emission (11-1-84)
01.01003,103. Visibility Impairment (11-1-84)
01.01003,104. Wigwam Burner (4-1-72)
01.01004, Incorporations by Reference (12-31-91)
01.01004,01. Locations Within the Department (12-31-91)
01.01004,02. Federal Publications (5-16-90)
01.01005. Reporting
01.01005,01. Requirements by Department (6-26-75)
01.01005,02. Requirements by Administrator (10-25-72)
01.01005,03. Format of Reports (4-1-72)
01.01005,04. Conformance to Rules (12-31-91)
01.01006. Upset Conditions, Breakdown (12-31-91)
01.01006,01. Upset Reports (5-7-76)
01.01006,02. Scheduled Maintenance (5-7-76)
01.01006,03. Correction of Condition (5-7-76)
01.01006,04. Auxiliary Equipment (5-7-76)
01.01008. Circumvention (12-31-91)
01.01009. Total Compliance (1-24-69)
01.01010. Sampling and Analytical Procedures (1-24-69)
01.01011. Provisions Governing Specific Activities
01.01011,01. Toxic Substances (12-31-91)
01.01011,02. Modifying Physical Conditions (1-24-69)
01.01011,03. Source Density (12-31-91)
01.01011,04. Polychlorinated Biphenyls (PCBs) (12-31-91))
01.01012. Procedures and Requirements for Permits to Construct and
Operating Permits
01.01012,01. Purpose (12-31-91)
01.01012,02. Permit to Construct (12-31-91)
01.01012,03. Operating Permit (12-31-91)
01.01012,04. Application Procedures (12-31-91)
01.01012,05. Permit Requirements for New and Modified Stationary
Sources (11-1-84)
01.01012,06. Permit Requirements for New Major Facilities or Major
Modifications in Nonattainment Areas (12-31-91)
01.01012,07. Permit Requirements for New Major Facilities or Major
Modifications in Attainment or Unclassifiable Areas (12-31-91)
01.01012,08. Optional Offsets for Permits to Construct (12-31-91)
01.01012,09. Requirements for Alternative Emission Limits (Bubbles)
(12-31-91)
01.01012,10. Requirements for Banking Emission Reduction Credits
(ERC's) (12-31-91)
01.01012,11. Requirements for Emission Reduction Credit (11-1-84)
01.01012,12. Demonstration of Net Air Quality Benefit and Ambient
Equivalence (5-16-90)
01.01012,13. Procedure for Issuing Permits (12-31-91)
01.01012,14. Conditions for Permits to Construct and Operating
Permits (12-31-91)
01.01012,15. Obligation to Comply (11-1-84)
01.01013. Registration Procedures and Requirements for Portable
Equipment
01.01013,01. Registration Requirements (12-31-91)
01.01013,02. Compliance with Regulations (11-1-84)
01.01014. Stack Heights and Dispersion Techniques
01.01014,01. Applicability (3-3-87)
01.01014,02. Definitions (12-31-91)
01.01014,03. Requirements (3-3-87)
01.01014,04. Opportunity for Public Hearing (12-31-91)
01.01014,05. Approval of Field Studies and Fluid Models (12-31-91)
01.01014,06. No Restriction on Actual Stack Height (3-3-87)
01.01015--01.01050 (Reserved)
[[Page 371]]
01.01051. Air Pollution Emergency Regulation (12-31-91)
01.01052. Episode Criteria
01.01052,01. Stages (6-28-78)
01.01052,02. Effect of Stages (6-28-78)
01.01052,03. Criteria for Defining Episode Stages (6-28-78)
01.01052,04. Episode Stages: Emergency Episode Air Pollution
Criteria--Table (4-1-72)
01.01052,05. Criteria for Defining Levels Within Stages (6-28-78)
01.01053. Public Notification
01.01053,01. Information to be Given (12-31-91)
01.01053,02. Manner and Frequency of Notification (4-1-72)
01.01053,03. Notification to Sources (6-28-78)
01.01054. General Rules (6-28-78)
01.01054.01 Stage 1--Air Pollution Forecast (6-28-78)
01.01054,02. Stage 2--Alert (6-28-78)
01.01054,03. Stage 3--Warning (6-28-78)
01.01054,04. Stage 4--Emergency (12-31-91)
01.01055. Specific Emergency Episode Abatement Plans for Point
Sources (12-31-91)
01.01056--01.01100 (Reserved)
01.01101. Air Quality Standards and Area Classification
01.01101,01. Ambient Air Quality Standards (12-31-91)
01.01101,02. Designation of Attainment, Unclassifiable, and
Nonattainment Areas (11-1-84)
01.01101,03. Baselines for Prevention of Significant Deterioration
(5-16-90)
01.01101,04. Classification of Prevention of Significant
Deterioration Areas (11-1-84) except for 01.01101,04.b.ii(a) (12-31-91)
01.01101,05. Prevention of Significant Deterioration (PSD)
Increments (12-31-91)
01.01102--01.01150 (Reserved)
01.01151. Rules for Control of Open Burning
01.01151,01. Purpose and Effective Date (12-31-91)
01.01151,02. Fire Permits, Hazardous Materials and Liability (12-31-
91)
01.01151,03. Nonpreemption of Other Jurisdictions (12-31-91)
01.01151,04. General Restrictions (12-31-91)
01.01151,05. Alternatives to Open Burning (12-31-91)
01.01152 (Reserved)
01.01153. Categories of Allowable Burning (12-31-91)
01.01153,01. Recreational and Warming Fires (3-12-85)
01.01153,02. Weed Control Fires (3-12-85)
01.01153,03. Training Fires (12-31-91)
01.01153,04. Industrial Flares (3-12-85)
01.01153,05. Residential Solid Waste Disposal Fires (3-12-85)
01.01153,06. Landfill Disposal Site fires (12-31-91)
01.01153,07. Orchard Fires (12-31-91)
01.01153,08. Prescribed Burning (12-31-91) 2401.01153,09. Dangerous
Material Fires (3-12-85)
01.01153,10. Infectious Waste Burning (12-31-91)
01.01154--01.01200 (Reserved)
01.01201. Visible Emissions (12-21-79)
01.01201,01. Exemptions (12-21-79)
01.01201,02. Standards for Exempted Sources (12-31-91)
01.01201,03. Exception (12-31-91)
01.01202 (Reserved)
01.01203. General Restrictions of Visible Emissions From Wigwam
Burners (12-21-79)
01.01204--01.01250 (Reserved)
01.01251. Rules for Control of Fugitive Dust (12-31-91)
01.01252. General Rules
01.01252,01. Use of Water or Chemicals (1-25-79)
01.01252,02. Application of Dust Suppressants (1-25-79)
01.01252,03. Use of Control Equipment (1-25-79)
01.01252,04. Covering of Trucks (1-25-79)
01.01252,05. Paving (1-25-79)
01.01252,06. Removal of Materials (1-25-79)
01.01253--01.01300 (Reserved)
01.01301. Fuel Burning Equipment--Particulate Matter
01.01301,01. Standards for New Sources (12-21-79)
01.01301,02. Standards for Minor and Existing Sources (12-21-79)
01.01301,03. Combinations of Fuels (12-21-79)
01.01301,04. Averaging Period (12-31-91)
01.01301,05. Altitude Correction (12-31-91)
01.10302--01.01326 (Reserved)
01.01327. Emission Limitations (1-24-69)
01.01328. Allowable Rate of Emission Based on Process Weight Rate--
Table (1-24-69)
01.01329. Particulate Matter--New Equipment Process Weight
Limitations
01.01329,01. General Restrictions (12-21-79)
01.01329,02. Minimum Allowable Emission (12-31-91)
01.10329,03. Averaging Period (12-31-91)
01.01329,04. Exemption (12-31-91)
01.01329,05. Emission Standards--Table (12-31-91)
01.01330. Particulate Matter--Existing Equipment Process Weight
Limitations (12-31-91)
01.01330,01. General Restrictions (12-21-79)
01.01330,02. Minimum Allowable Emission (12-31-91)
01.01330,03. Averaging Period (12-31-91)
01.01330,04. Exemptions (12-31-91)
01.01330,05. Emission Standards--Table (12-31-91)
01.01331--01.01350 (Reserved)
01.01351. Rules for Sulfur Content of Fuels (12-31-91)
01.01352. Definitions as Used in This Regulation
01.01352,01. ASTM (4-1-72)
[[Page 372]]
01.01352,02. Distillate Fuel Oil (4-1-72)
01.01352,03. Residual Fuel Oil (4-1-72)
01.01353. Residual Fuel Oils
01.01353,01. Standards for 1973 (6-28-78)
01.10353,02. Standards Beginning 1974 (6-28-78)
01.01354. Distillate Fuel Oil
01.01354,01. ASTM Grade 1 (4-1-72)
01.01354.02. ASTM Grade 2 (4-1-72)
01.01355. Coal (4-1-72)
01.01356--01.01400 (Reserved)
01.01401. Rules for Control of Fluoride Emissions (12-31-91)
01.01402. General Rules (12-31-91)
01.01402,01. Emission Limitations--Phosphate Fertilizer Plants (12-
31-91)
01.01402,02. Monitoring, Testing, and Reporting Requirements (12-31-
91)
01.01402,03. Source Specific Permits (12-31-91)
01.01402,04. Exemptions (12-31-91)
01.01403--01.01450 (Reserved)
01.01451. Rules for Control of Odors (12-31-91)
01.01452. General Rules
01.01452,01. General Restrictions (4-1-72)
01.01452,02. Restrictions on Rendering Plants (4-1-72)
01.01453--01.01500 (Reserved)
01.01501. Rules for Control of Incinerators (12-31-91)
01.01502. Emission Limits (4-1-72)
01.01503. Design Standards (4-1-72)
01.01504. Exceptions (12-31-91)
01.01505--01.01550 (Reserved)
01.01551. Rules for Control of Motor Vehicle Emissions (12-31-91)
01.01552. Pollution Control Devices (4-1-72)
01.01553. Visible Emission Standards (4-1-72)
01.01554--01.01600 (Reserved)
01.01601. Rules for Control of Hot-Mix Asphalt Plants (12-31-91)
01.01602. Emission Limits (12-31-91)
01.01603 (Reserved)
01.01604. Multiple Stacks (1-24-69)
01.01605. Fugitive Dust Control
01.01605,01. Fugitive Emission Controls (1-24-69)
01.01605,02. Plant Property Dust Controls (1-24-69)
01.01606--01.01650 (Reserved)
01.01651. Rules for Control of Kraft Pulping Mills (12-31-91)
01.01652. Statement of Policy
01.01652,01. Best Treatment and Control (5-16-71)
01.01652,02. Monitoring (5-16-71)
01.01652,03. Research (5-16-71)
01.01652,04. Available Technology Required (5-16-71)
01.01652,05. New Source Standards (5-16-71)
01.10653. General Rules (12-31-91)
01.01654. Recovery Furnace Standards (5-16-71)
01.01655. Recovery Furnace TRS Standards (5-16-71)
01.01656. Digester and Evaporator Standards (5-16-71)
01.01657. Recovery Furnace Particulate Standards (5-16-71)
01.01658. Lime Kiln Standards (5-16-71)
01.01659. Smelt Tank Standards (5-16-71)
01.01660. Monitoring and Reporting
01.01660,01. Continuous TRS Monitoring (5-16-71)
01.01660,02. Particulate Monitoring (5-16-71)
01.01660,03. Monitoring Program (12-31-91)
01.01660,04. Reporting (5-16-71)
01.01660,05. Miscellaneous Reports (5-16-71)
01.01661. Special Studies
01.01661,01. Areas to be Included (5-16-71)
01.01661,02. Additional Studies (5-16-71)
01.01662. Exceptions (12-31-91)
01.01663--01.01750 (Reserved)
01.01751. Rules for Control of Rendering Plants (12-31-91)
01.01752. Control of Cookers (4-1-72)
01.01753. Control of Expellers (4-1-72)
01.10754. Control of Plant Air (4-1-72)
01.01755. Exceptions (12-31-91)
01.01756--01.01800 (Reserved)
01.01801. Rules for Control of Sulfur Oxide Emissions From Sulfanic
Acid Plants (12-31-91)
01.01802. General Restrictions (10-25-72)
01.01803. Monitoring and Testing (12-31-91)
01.01804. Compliance Schedule (12-31-91)
01.01805--01.01852 (Reserved)
01.01855 (Reserved)
01.01857--01.01950 (Reserved)
01.01969--01.01995 (Reserved)
01.01996. Administrative Provisions (12-31-91)
01.01998. Inclusive Gender and Number (12-31-91)
01.01999. Severability (12-31-91)
Appendix B Emission Inventory--Ada Country Carbon Monoxide NonAttainment
Area (submitted 1/15/80)
Appendix G Permits--Silver Valley (submitted 1/15/80)
Appendix H Permits--Lewiston (submitted 12/4/80, 2/5/81)
Appendix J Permits--Pocatello (submitted 3/7/80)
Appendix K Permits--Soda Springs (submitted 1/15/80)
Beker Industries, 1973 Consent Order (40 CFR 52.670(c)(15)--SO2 Emission
Limitation (submitted 7/28/75)
40 CFR part 52, subparts A and N
[58 FR 39448, July 23, 1993]
Sec. 52.680 [Reserved]
Sec. 52.681 Permits to construct and operating permits.
(a) Emission limitations and other provisions contained in Permits
to Construct or Operating permits, issued by the State of Idaho
Department of
[[Page 373]]
Health and Welfare in accordance with the federally-approved Rules and
Regulations for the Control of Air Pollution in Idaho Manual sections
16.01.01002 Definitions, 16.01.01012 Procedures and Requirements for
Permits to Construct and Operating Permits, 16.01.01014 Stack Heights
and Dispersion Techniques, and 16.01.01101 Ambient Air Quality Standards
and Area Classifications, except for Operating Permits authorizing the
use of alternative emission limits (bubbles) under sections
16.01.01012,03.a(1) and 16.01.01012,09 or compliance schedule extensions
under section 16.01.01012,03.d, shall be the applicable requirements of
the federally-approved Idaho SIP (in lieu of any other provisions) for
the purposes of section 113 of the Clean Air Act and shall be
enforceable by EPA and by any person in the same manner as other
requirements of the SIP.
(b) Operating Permits authorizing the use of alternative emission
limits (bubbles) under sections 16.01.01012,03.a(1) and 16.01.01012,09,
including the use of banked emission reduction credits pursuant to
section 16.01.01012,10 in a bubble, and operating permits authorizing
compliance schedule extensions under section 16.01.01012,03.d, must be
submitted to EPA for approval as revisions to the Idaho SIP before they
shall become the applicable requirements of the SIP.
[58 FR 39450, July 23, 1993]
Sec. 52.682 [Reserved]
Sec. 52.683 Significant deterioration of air quality.
(a) The Rules and Regulations for the Control of Air Pollution in
Idaho Manual, specifically, sections 16.01.01002 Definitions,
16.01.01012 Procedures and Requirements for Permits to Construct and
Operating Permits, 16.01.01014 Stack Heights and Dispersion Techniques,
and 16.01.01101 Ambient Air Quality Standards and Area Classifications,
are approved as meeting the requirements of part C of the Clean Air Act
for preventing significant deterioration of air quality.
(b) The requirements of sections 160 through 165 of the Clean Air
Act are not met for Indian reservations since the plan does not include
approvable procedures for preventing significant deterioration of air
quality on Indian reservations. Therefore, the provisions of Sec. 52.21
(b) through (w) are hereby incorporated and made part of the applicable
plan for Indian reservations in the State of Idaho.
(c) The requirements of section 165 of the Clean Air Act are not met
for sources subject to prevention of significant deterioration
requirements prior to August 22, 1986, the effective date of EPA's
approval of the rules cited in paragraph (a) of this section. Therefore,
the provisions of Sec. 52.21(b), (c), (d), and (h) through (w) are
hereby incorporated and made part of the applicable plan for sources
subject to Sec. 52.21 prior to August 22, 1986.
[58 FR 39450, July 23, 1993]
Sec. 52.684-52.689 [Reserved]
Sec. 52.690 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. The provisions of
Sec. 52.26 are hereby incorporated and made a part of the applicable
plan for the State of Idaho.
(c) Long-term strategy. The provisions of Sec. 52.29 are hereby
incorporated and made part of the applicable plan for the State of
Idaho.
[50 FR 28553, July 12, 1985; 51 FR 23759, July 1, 1986, as amended at 52
FR 45137, Nov. 24, 1987]
Sec. 52.691 Extensions.
(a) The Administrator, by authority delegated under section 188(d)
of the Clean Air Act, as amended in 1990, hereby extends for one year
(until December 31, 1995) the attainment date for the Power-Bannock
Counties PM-10 nonattainment area and the Sandpoint PM-10 nonattainment
area.
(b) The Administrator, by authority delegated under section 188(d)
of the Clean Air Act, as amended in 1990,
[[Page 374]]
hereby grants a second one-year extension (until December 31, 1996) to
the attainment date for the Power-Bannock Counties PM-10 nonattainment
area.
[61 FR 20732, May 8, 1996, as amended at 61 FR 66606, Dec. 18, 1996]
Subpart O--Illinois
Sec. 52.719 [Reserved]
Sec. 52.720 Identification of plan.
(a) Title of plan: ``State of Illinois Air Pollution Implementation
Plan.''
(b) The plan was officially submitted on January 31, 1972.
(c) The plan revision listed below were submitted on the dates
specified.
(1) The role of the City of Chicago as a local agent was defined in
a letter from the State Environmental Protection Agency on March 13,
1972.
(2) Copies of the Illinois Pollution Control Board Regulations,
Chapter 2, Parts I, II and III were submitted May 4, 1972, by the
Governor.
(3) A document describing the role of the Chicago Department of
Environmental Control was submitted July 28, 1972, by the State
Environmental Protection Agency.
(4) Copies of the revisions to the State air episode regulations
were submitted on August 29, 1972, by the Governor.
(5) Compliance schedules submitted on March 13, 1973, by the
Pollution Control Board.
(6) Compliance schedules submitted on April 3, 1973, by the
Pollution Control Board.
(7) Transportation control plan submitted on April 17, 1973, by the
Pollution Control Board.
(8) Compliance schedules submitted on May 3, 1973, by the Pollution
Control Board.
(9) Compliance schedules submitted on June 15, 1973, by the
Pollution Control Board.
(10) Compliance schedules submitted on August 7, 1973, by the
Pollution Control Board.
(11) Information concerning the coal ban in the Chicago area was
submitted on October 22, 1973, by Governor Walker.
(12) On July 22, 1976, the Director of the Illinois Environmental
Protection Agency submitted revised emergency episode regulations.
(13) On November 29, 1977, the Director of the Illinois
Environmental Protection Agency submitted grain handling and drying
emission limitations as revisions to Rule 203.
(14) Revision consisting of an Illinois Pollution Control Board
Order issued on July 20, 1978 to Commonwealth Edison Company, Christian
County, Illinois and submitted on August 14, 1978 by the Illinois
Environmental Protection Agency.
(15) Revision consisting of an Illinois Pollution Control Board
Order issued to Shell Oil Company's Wood River refinery on December 14,
1978 by the Illinois Environmental Protection Agency.
(16) On April 4, 1979, the State submitted its draft nonattainment
area plan for all areas designated nonattainment as of March 3, 1978 and
as revised on October 5, 1978. This submittal contained a request for
extensions of the statutory attainment deadline for CO and 03. The
submittal also included a vehicle emission inspection and maintenance
program and a new source review plan. Although the State submittal also
included the following provisions, U.S. EPA is taking no action to
include them in the federally approved SIP at this time: the portions of
Rules 101, 103 and 105 relating to the provisions addressing
malfunctions, general requirements of the Clean Air Act which are not
Part D requirements, and the provisions covering open burning, mobile
source emission standards, diesel locomotive emission standards, sulfur
dioxide emissions for certain fuel combustion sources located outside
major metropolitan areas, compliance dates for organic emission
limitations, particulate emissions from low carbon waste incinerators,
and adoption of Federal New Source Performance Standards. In addition,
U.S. EPA is not rulemaking at this time on those portions of the
following rules which contain specified changes made between the
publication of the notice of proposed rulemaking and the final
rulemaking action:
(i)--(iii) [Reserved]
[[Page 375]]
(iv) The new materials in Section 4.11 of the Rules for Issuance of
Permits to New or Modified Air Pollution Sources;
(v) The addition of a definition of ``reconstruction'' in Section
4.7 of the Rules for Issuance of Permits;
(vi) The procedure allowing external offsets contained in Section 10
of the Rules for Issuance of Permits.
(17) On August 29, 1979, the State submitted additional information
and clarification for the nonattainment area plan in response to USEPA's
July 2, 1979 notice of proposed rulemaking.
(18) On September 20, 1979, the State submitted a summary of public
hearing comments on the plan.
(19) On October 30, 1979, the State submitted copies of Illinois
Pollution Control Board final orders for control of VOC emissions from
stationary sources (Rule 205), sources of fugitive particulate (Rule
203(f)), and particulate emissions from iron and steel sources (Rule
203(d)).
(20) On December 20, 1979, the State submitted a letter containing
the dates that most of the regulatory and nonregulatory portions of the
nonattainment area plans were finally adopted by the Illinois Pollution
Control Board. Rule 205 containing RACT controls for stationary sources
of VOC was effective in the State on July 18, 1979. Rule 203(f)
governing fugitive dust emissions was effective in the State on
September 18, 1979.
(21) On January 25, 1980, the State submitted a copy of finally
enacted ``Rules for the Issuance of Permits to New or Modified Air
Pollution Sources Affecting Nonattainment Areas.'' Sections
5.1(a)(2)(ii) and 5.1(a)(2)(iii) of these rules were reserved by the
State. The effective date of these Rules was January 16, 1980.
(22) On March 21, 1979, the State of Illinois submitted to the USEPA
revised regulations for control of sulfur dioxide emissions. On
September 19, 1979, the State submitted additional information on these
revised regulations to the USEPA.
(23) On January 17, 1980 and on February 7, 1980 the State submitted
further information and clarifications to Rule 204.
(24) On September 19, 1979, the State of Illinois submitted a
revision to Rule 204(e)(1) for the Commonwealth Edison Company. The
revision approves an emission limitation of 105,162 lbs SO2/
hour for the Kincaid Generating Station in Christian County, Illinois.
(25) On April 30, 1980, the State submitted revisions to the
transportation control plan for northeast Illinois (Chicago).
(26) On December 20, 1979, the State of Illinois submitted a
revision to provide for modification of the existing air quality
surveillance network.
(27) On January 8, 1980, the State submitted an Opinion and Final
Order of the Pollution Control Board (dated November 19, 1979) which
deletes Rule 206(d) of Chapter 2 from the Illinois Air Pollution Control
Regulations.
(28) On September 18, 1979, the State submitted a Final Order of the
Pollution Control Board (dated April 12, 1979) which amended Rule
205(g)(1) of Chapter 2 of the Illinois Air Pollution Control
Regulations.
(29) On July 21, 1981, the State submitted Volume 9 Lead, of the
Illinois State Implementation Plan for Air Pollution Control for
incorporation in the Illinois State Implementation Plan. This plan
covers all areas in Illinois except for Granite City in the St. Louis
Interstate AQCR.
(30) On July 29, 1980, the State submitted a May 29, 1980, Opinion
and Order of the Illinois Pollution Control Board granting a variance
from the requirements Rule 203(d)(8)(B) of Chapter 2 of the Air
Pollution Control Regulations to Continental Grain Company's grain
elevator located in Crossville, White County, Illinois. This variance
expired July 1, 1980.
(31) On April 4, 1980, the State submitted a November 29, 1979,
Opinion and Order of the Illinois Pollution Control Board (IPCB) and
Supplementary IPCB Orders dated January 24, 1980, and February 7, 1980.
These Orders grant 13 Caterpillar Tractor Company boilers a variance
from the requirements of IPCB (A), Rule 203(g)(1)(C)(i) and/or Rule
203(g)(1)(D) which regulate particulate emissions from new and existing
sources. No action is taken at this time on variance provisions for
Mapleton facility boilers 2, 3, 4, and 5. This variance expired on
October 8, 1981.
[[Page 376]]
(32) On August 31, 1981, the State of Illinois submitted a revision
to the Illinois State Implementation Plan in the form of a July 9, 1981,
Order of the Illinois Pollution Control Board (R-77-15). This Order
creates Rule 204(c)(1)(E) which establishes sulfur dioxide (SO2
) emission limitations of 5.5 lbs/SO/MMBTU for solid fuel combustion
sources having actual heat input not greater than 250 million BTU's per
hour owned or operated by Bemis Company, Inc., Celotex Corporation or
Sherex Corporation. On November 17, 1981, the State submitted additional
information in support of this revision.
(33) On August 20, 1980, and March 20, 1981, the State submitted
additional information on the transportation control plans for the
Northeast Illinois (Chicago) Area.
(34) On October 15, 1980, the State submitted additional information
on the transportation control plans for the Peoria Metropolitan Area.
(35) On April 1, 1981, the State submitted additional information on
the transportation control plans for the St. Louis Metropolitan
(Illinois) Area.
(36) On December 10, 1980, the State submitted a July 24, 1980,
Opinion and Order of the Illinois Pollution Control Board and a
September 18, 1980, Order of the Board granting Bunge Corporation's
Cairo, Illinois soybean processing plant and grain elevator variance
from Illinois Pollution Control Board's particulate emission standards
under Rules 203(g)(1)(D) and 103(b)(1) of Chapter 2 of the Air Pollution
Control Regulations through October 15, 1981.
(37) On July 17, 1980, the State submitted an April 3, 1980, Opinion
and Order of the Illinois Pollution Control Board adopting a December
13, 1979, Proposed Opinion and Order of the Board which exempted certain
small explosive waste incinerators from the requirements of Rule 203(e)
Particulate Emission Standards and Limitations for incinerators and Rule
206(b) Carbon Monoxide Emissions Standards and Limitations for
incinerators.
(38) On May 10, 1982, the State submitted a February 4, 1982,
Illinois Pollution Control Board Opinion and Order (PCB 81-184) granting
a variance from the requirements of Rules 205(m)(1)(B) and 204(n)(1)(G)
of Chapter 2 of the Air Pollution Control Regulations to the Lyon Metal
Products, Incorporated, Montgomery, Illinois facility. This variance
expires on May 31, 1985.
(39) On October 1, 1981, the State submitted a report in
satisfaction of the Total Suspended Particulate Control Strategy
approval condition in which the State agreed to conduct an analysis of
the potential air quality impact from storage piles with uncontrolled
emissions of less than 50 tons per year, to submit the results of any
analysis to EPA, to submit any necessary regulations to the Illinois
Pollution Control Board, and promulgate and submit any necessary
regulations to EPA. This report concluded that no further regulations
were needed.
(40) EPA Study Volatile Organic Compound Emissions from Solvent
Cleaning Operations in the State of Illinois (EPA 905/4-80-008) was
prepared to satisfy the Ozone Control Strategy approval condition in
which the State agreed to conduct a study to demonstrate that the three
pound per hour, 15 pound per day exemption for solvent metal cleaners
contained in Rule 205(k) represents RACT, to submit the results of the
study to EPA, to submit the necessary regulations to the Illinois
Pollution Control Board and promulgate and submit any necessary
regulations to EPA. The State reviewed this report and in a February 11,
1981, letter to EPA noted their agreement with the findings of the
report and indicated that because there was no need for further
regulations, this condition is satisfied.
(41) On December 7, 1981, the State submitted a October 8, 1981,
Illinois Pollution Control Board Final Order (R79-11). This Final Order
amends Rule 203(g)(1) by adding subsection (E).
(42) On January 4, 1983, the State submitted a revision to the
Illinois State Implementation Plan in the form of an October 27, 1982,
Illinois Pollution Control Board (IPCB) Opinion and Order (PCB 82-88).
This Opinion and Order grants a variance from the requirements of Rule
203(a) of Chapter 2 of the Air Pollution Control Regulations to a
proposed fluidized bed combustion boiler at B.F. Goodrich's Henry
County, Illinois facility. This variance continues
[[Page 377]]
until October 1, 1987, or until the facility is no longer subject to
Rule 206(a), whichever comes first.
(43) On July 29, 1982, the State submitted a revision to the
Illinois State Implementation Plan in the form of a May 28, 1981,
Illinois Pollution Control Board (IPCB) Final Opinion of the Board (R78-
17). This Final Opinion deletes Rule 204(c)(1)(D) and the reference to
it in Rule 204(h) from the IPCB Air Pollution Control Regulations.
(44) On March 17, 1983, the Illinois Environmental Protection Agency
(IEPA) submitted a revision to its ozone SIP for Chrysler's Belvidere
facility. The revision request contains an alternative compliance time
schedule with interim emission limitations which is in the form of a
variance for prime coating and prime surface coating operations. Final
compliance is changed from December 31, 1982 to December 31, 1987.
(45) On August 19, 1983, the State of Illinois submitted a revision
to the Illinois State Implementation Plan in the form of a July 26,
1983, Order of the Illinois Pollution Control Board (R82-12). This Order
creates Rule 313 which establishes 1.5 micrograms per cubic meter,
maximum arithmetic mean, averaged over a calendar quarter as the State's
ambient air quality standard for lead. The Board also adopted, as part
of Rule 313, a measurement method for determining compliance with the
standard.
(46) On August 15, 1983, the Illinois Environmental Protection
Agency submitted a May 19, 1983, Opinion and Order (PCB-82-147) of the
Illinois Pollution Control Board (IPCB) granting Del Monte Corporation's
Can Manufacturing Plant No. 115 located in Rochelle, Ogle County,
Illinois, a variance from the IPCB volatile organic compound emission
standards under Rule 205(n)(1)(B)(i) and Rule 205(n)(1)(B)(vi) of
Chapter 2: Air Pollution Regulations. The variance expires on December
31, 1984.
(47) On March 24, 1983, and May 3, 1983, the State submitted
information that indicated that a February 21, 1980 (45 FR 11472),
conditional approval of the incorporation of a revised Part D sulfur
dioxide control strategy into the Illinois State Implementation Plan has
been satisfied for Cincinnati, Pekin and Elm Grove Townships in Tazewell
County and for Logan and Limestone Townships in Peoria County. This
approval condition required that the SIP include a reanalysis of the
Pekin, Illinois area; a submittal of the analysis results to USEPA; the
proposal of any necessary regulations to the Illinois Pollution Control
Board necessary to insure attainment and maintenance of the sulfur
dioxide standard; and the promulgation of any necessary regulations. Any
promulgated regulations must be submitted to USEPA.
(48)-(49) [Reserved]
(50) On May 3, 1983, the State requested that USEPA incorporate IPCB
Rule 204 (f)(2) into the Illinois SIP. Rule 204(f)(2) was adopted by
Illinois as part of a February 24, 1983, Order of the Board (R80-22).
USEPA approves the incorporation of Rule 204(f)(2) as it pertains to
Pekin Energy, a source in the Peoria major metropolitan area.
(51) On January 30, 1984, the State submitted Rule 204(f) as
contained in a February 24, 1983, Order of the IPCB (R80-22) as it
applies to sources in the Peoria Major Metropolitan area for
incorporation in the SIP. USEPA approves the incorporation of Rule
204(f) into the SIP as it applies to all sources in Peoria and Tazewell
Counties except Caterpillar Tractor Mapleton and East Peoria Plants. No
action is taken on Rule 204(f) as it applies to the Chicago or St. Louis
(Illinois--portion) Major Metropolitan Areas or on Rule 204(f) (1) and
(2).
(52) [Reserved]
(53) On September 30, 1983, the State submitted a revision to the
Illinois State Implementation Plan in the form of a lead plan to assure
attainment and maintenance of the NAAQS in the Granite City area. The
Illinois plan includes a discussion of air quality data measured since
1978, an emission inventory of three source categories capable of
emitting lead, atmospheric modeling analyses and proposed necessary
control strategies. On March 19, 1984, the State submitted five consent
decrees entered by the State of Illinois with the Circuit Court for the
Third Judicial Circuit of Madison County and filed March 16, 1984, for
incorporation in the lead plan. These include People of the
[[Page 378]]
State of Illinois vs. Taracorp, Inc.; People of the State of Illinois
vs. St. Louis Lead Recyclers; People of the State of Illinois vs. First
Granite City National Bank; People of the State of Illinois, vs.
Stackorp Inc.; and People of the State of Illinois vs. B.V. and G.V.
Transport Company.
(54) [Reserved]
(55) On November 14, 1985, the State of Illinois submitted a
negative declaration for natural gas/gasoline processing plants.
(i) Incorporation by reference.
(A) Letter dated November 14, 1985, from Michael J. Hayes, Manager,
Division of Air Pollution Control, Illinois Environmental Protection
Agency.
(56) On June 19, 1984, the State submitted Illinois Environmental
Protection Agency Rule 252 entitled, ``Rules for Governing Public
Participation in the Air Pollution Permit Program for Major Source in
Nonattainment Areas.''
(i) Incorporation by reference.
(A) Illinois Environmental Protection Agency Rule 252 entitled,
``Rule for Governing Public Participation in the Air Pollution Permit
Program for Major Sources in Nonattainment Areas,'' published on June 8,
1984.
(57)-(60) [Reserved]
(61) On March 15, 1984 and June 14, 1984 the Illinois Environmental
Protection Agency submitted commitments for satisfying several
outstanding conditions to the sulfur dioxide [52.724(a)(1)] State
Implementation Plan.
(62) On January 16, 1985, the Illinois Environmental Protection
Agency submitted a variance from Illinois Rule 206(a).
(i) Incorporation by reference.
(A) June 14, 1984, Opinion and Order of the Illinois Pollution
Control Board (IPCB), PCB 84-19. This is a variance from Illinois Rule
206(a) until June 14, 1987, for CO emissions from a fluidized bed
combustion boiler at Midwest Solvents Company's facility in Tazewell
County, Illinois.
(63) On February 6, 1985, the Illinois Environmental Protection
Agency (IEPA) submitted a site-specific revision to its total suspended
particulates State Implementation Plan for Villa Grove's ``Dump and Boot
Pit'' emissions in Champaign County, Illinois.
(i) Incorporation by reference.
(A) Illinois Pollution Control Board, Opinion and Order of the
Board, PCB 84-53, Villa Grove's ``Dump and Boot Pit'' site-specific TSP
revision. This revision extends the compliance date for control
requirements on these emissions until September 1, 1987, and was adopted
on July 14, 1984.
(64) On May 13, 1985, the Illinois Environmental Protection Agency
(IEPA) submitted a variance from Illinois Rule 202(b) for a Brule
pathological waste incinerator (BPWI) at NPWC's facility located at the
Great Lakes Naval Base, Great Lakes, Shields Township, Illinois, as a
revision to its TSP SIP. Shields Township is an attainment area for both
the primary and secondary national ambient air quality standards (NAAQS)
for TSP.
(i) Incorporation by reference.
(A) Opinion and Order of the Illinois Pollution Control Board 84-156
adopted on March 22, 1985.
(65) Submitted from the Illinois Environmental Protection Agency
(IEPA) dated July 22, 1985, requesting an extended compliance schedule
for Precision Coatings Incorporated (PCI) coating Machine Number 2.
(i) Incorporation by reference.
(A) Illinois Pollution Control Board Opinion and Order of the Board,
PCB 84-117, which was adopted on February 20, 1985, and a modification
to PCB 84-117 which was adopted on April 14, 1985.
(66) On March 27, 1985, the Illinois Environmental Protection Agency
(IEPA) submitted a site-specific revision to its Carbon Monoxide State
Implementation Plan for Anderson Clayton Foods, Inc. (ACF), a variance
from 35 Illinois Administrative Code (IAC) 216.121 which governs Carbon
Monoxide emissions from the Fluidized Bed Combuster retrofitted boiler
at ACF's Jacksonville, Illinois facility. IAC 216.121 was incorporated
in the Illinois SIP on May 31, 1972 (37 FR 10862), as Illinois Pollution
Control Board Rule 206(a).
(i) Incorporation by reference.
(A) Illinois Pollution Control Board Opinion and Order of the Board,
PCB 84-147, which was adopted on January 24, 1985.
[[Page 379]]
(67) On April 18, 1983, the State of Illinois submitted a 0.60 lb
TSP/MMBTU emission limit for the City of Rochelle Municipal Steam Power
Plant. On May 24, 1985, it submitted a revised modeling analysis.
(i) Incorporation by reference.
Illinois Pollution Control Board Order (R78-15), Rule
203(g)(1)(C)(iii) which is dated February 24, 1983.
(68) On May 8, 1985, the Illinois Environmental Protection Agency
submitted a variance until December 31, 1987, from Illinois Rule
205(n)(1)(b)(v) and Rule 205(n)(1)(b)(vi), for American Can
Corporation's Hoopeston, Illinois facility in the form of a January 24,
1985, Opinion and Order of the Illinois Pollution Control Board (PCB 84-
106).
(i) Incorporation by reference. (A) A January 24, 1985, Opinion and
Order of the Illinois Pollution Control Board (ICPB), PCB 84-106. This
is a variance until December 31, 1987, for the coating reformulation
programs at American Can Corporation's Hoopeston facility located in
Hoopeston, Illinois.
(69) On January 28, 1983, the Illinois Environmental Protection
Agency submitted a December 30, 1982, Illinois Pollution Control Board
Order (R80-5). Illinois Pollution Control Board Rules 205(l) (4) through
(10), 205(t) and 205(u) are approved.
(i) Incorporation by reference. (A) Ilinois Pollution Control Board
Rules 205(l)(4) through (10), 205(t) and 205(u) as contained in December
30, 1982, Illinois Pollution Control Board Order R80-5.
(ii) Additional material--none.
(70) On February 13, 1986, the Illinois Environmental Protection
Agency (IEPA) submitted a revision to its ozone SIP for the Fedders-
USA's facility located in Effingham, Effingham County, Illinois. It
grants Fedders-USA a compliance date extension for control requirements
from October 1, 1982, to April 1, 1986, and provides for a legally
enforceable compliance program.
(i) Incorporation by reference.
(A) A January 9, 1986, Opinion and Order of the Illinois Pollution
Control Board (IPCB), PCB 83-47.
(71) On October 20, 1983, the Illinois Environmental Protection
Agency submitted a site-specific revision to Illinois' sulfur dioxide
plan for Illinois Power Company's Baldwin Power Station. The revised
SO2 emission limitations are 101,966 lbs/hour, in the
aggregate, and 6 lbs/MMBTU.
(i) Incorporation by reference. (A) Emission limits within Paragraph
1 of Illinois Pollution Control Board Final Order PCB 79-7, which was
adopted September 8, 1983.
(72) [Reserved]
(73) On May 6, 1985, the Illinois Environmental Protection Agency,
requested an extended compliance schedule for National Can Corporation's
Rockford facility.
(i) Incorporation by reference.
(A) Illinois Pollution Control Board, April 1, 1982, Opinion and
Order of the Board, PCB 81-189 and a January 24, 1985, Opinion and Order
PCB 84-108. These orders grant National Can Corporation (Rockford Plant)
a variance from the existing VOC SIP requirements from December 31,
1982, until December 31, 1983, and from December 31, 1983, until
December 31, 1985, respectively.
(74) On October 30, 1986, the Illinois Environmental Protection
Agency submitted a September 25, 1986, Final Order of the Illinois
Pollution Control Board R85-33 revises the State's coke oven pushing and
charging rules and recodifies some related rules.
(i) Incorporation by reference. (A) Order of the Illinois Pollution
Control Board R85-33, which was adopted September 25, 1986.
(75)-(77) [Reserved]
(78) On January 28, 1983, June 25, 1987, August 21, 1987, September
28, 1987, October 2, 1987, December 22, 1987, January 8, 1988, March 29,
1988, and May 2, 1988 the State submitted stationary source control
measures for incorporation in the ozone plan.
(i) Incorporation by reference. (A) The following sections of title
35, Environmental Protection; subtitle B: Air Pollution; Chapter 1:
Pollution Control Board of the Illinois Administrative Code, (June
1989): section 211.122 (definitions of bead-dipping; component; dry
cleaning facility; external floating roof; gas service; green tire
spraying; green tires; heavy liquid; liquid mounted seal; liquid
service; pneumatic rubber tire manufacture; refinery unit,
[[Page 380]]
process unit, or unit; tread end cementing; undertread cementing; valves
not externally regulated; vapor collection system; vapor mounted primary
seal; volatile organic liquid; and volatile organic material) of subpart
B (part 211); section 215.104 (definitions of continuous process; in
vacuum service; material recovery section; open-ended valve; polystyrene
plant; polystyrene resin; repaired; styrene devolatilizer unit; and
styrene recovery unit) of subpart A (part 215); sections 215.124,
215.125, and 215.126 of subpart B (part 215); section 215.205 of subpart
F (part 215); sections 215.240, 215.241, and 215.249 of subpart H (part
215); section 215.408 of subpart P (part 215); sections 215.420 through
215.431, 215.433, 215.434, 215.435, 215.437, and 215.438, all of subpart
Q (part 215); section 215.453 of subpart R (part 215); sections 215.465
and 215.466 of subpart S (part 215); sections 215.520, 215.521, 215.525,
215.526, and 215.527 all of subpart V (part 215); sections 215.582,
215,583, and 215.584 of subpart Y (part 215); sections 215.607 through
215.613 of subpart Z (part 215); and sectons 215.875, 215.877, 215.879,
215.881, 215.883, and 215.886 all of subpart BB (part 215) are approved.
(ii) Additional material.
(79) On March 20, 1986, November 17, 1986, and July 1, 1987,
Illinois submitted its vehicle inspection and maintenance plan for the
Chicago and East St. Louis areas.
(i) Incorporation by reference. (A) Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter II: Environmental
Protection Agency, Part 276, Procedures To Be Followed in the
Performance of Annual Inspections of Motor Vehicle Exhaust Emissions,
Adopted at 10 Illinois Register 13954, effective August 13, 1986.
(ii) Additional material. (A) ``Technical Procedures Memorandum--
Enforcement'' between the Illinois Secretary of State and the Illinois
Environmental Protection Agency, as submitted by Michael J. Hayes,
Manager, Division of Air Pollution Control on July 1, 1987.
(80) [Reserved]
(81) On April 6, 1990, and May 4, 1990, Illinois submitted a
regulation which reduced the maximum allowable volatility for gasoline
sold in Illinois during July and August 1990 to 9.5 pounds per square
inch.
(i) Incorporation by reference
(A) Title 35: Environmental protection, Subtitle B: Air pollution,
Chapter I: Pollution control board, Part 215, Organic material emission
standards and limitations, Sec. 215.585, Gasoline volatility standards,
Adopted at 14 Illinois register 6434, effective April 11, 1990.
(82)-(83) [Reserved]
(84) On September 18, 1991, and November 18, 1991, the State
submitted documents intended to satisfy federal requirements for an
operating permit program which can issue federally enforceable operating
permits.
(i) Incorporation in Reference.
(A) Public Act 87-555, an Act to amend the Environmental Protection
Act by changing section 9.1, effective September 17, 1991. (Ch. 111 1/2,
par. 1009.1) par. 1009.1(a), (b), (c), (d) and (f).
(85) On March 24, 1988, the State submitted rules for issuance of
construction permits to new and modified air pollution sources located
in or affecting nonattainment areas (New Source Review rules).
(i) Incorporation by reference.
(A) Illinois Administrative Code, Title 35 Environmental Protection,
Subtitle B: Air Pollution, Chapter 1: Pollution Control Board, Part 203:
Major Stationary Sources.
(86) On February 8, 1991, the State submitted revisions to its
sulfur dioxide measurement methodology.
(i) Incorporation by reference. (A) Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control
Board, Part 214 Sulfur Limitations, Subpart A: General Provisions,
section 214.101 Measurement Methods. Adopted December 20, 1990,
effective January 15, 1991.
(87) On March 13, 1985, the State submitted revisions to its sulfur
dioxide limitations.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter 1: Pollution Control Board, Part 214 Sulfur Limitations, Subpart
C: Existing Solid Fuel Combustion Emission Sources, Section 214.141
Sources Located in Metropolitan Areas, through paragraph (a) only,
effective March 28, 1983; Subpart F: Alternative Standards
[[Page 381]]
for Sources Inside Metropolitan Areas, Section 214.201 Alternative
Standards for Sources in Metropolitan Areas and Section 214.202
Dispersion Enhancement Techniques, effective March 28, 1983.
(88) On June 9, 1986, the State submitted revisions to its sulfur
dioxide limitations in the form of a April 24, 1986, opinion and order
of the Illinois Pollution Board in proceeding R84-28.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subtitle B: Air Pollution
Chapter 1: Pollution Control Board Part 214 Sulfur Limitations, Subpart
C: Existing Solid Fuel Combustion Emission Sources, Sec. 214.141 Sources
Located in Metropolitan Areas, paragraphs b), c) and d), and Subpart X:
Utilities, Sec. 214.560 Scope and Sec. 214.561 E.D. Edwards Electric
Generating Station effective May 20, 1986.
(89) On March 17, 1989, and August 28, 1990, the State of Illinois
submitted a revision to the Illinois State Implementation Plan. The
revision is contained in subpart J, Sec. 201.281 and subpart L,
Secs. 201.401-.408 of part 210 of title 35 of the Illinois
Administrative Code. This revision provides a legally enforceable
procedure for continuously monitoring and recording emissions to
determine the status of compliance of certain stationary source
categories and complies with 40 CFR 51.214 and part 51, appendix P. The
rules were adopted by the Illinois Pollution Control Board on December
15, 1988, published (13 Ill. Reg. 2066) and became effective February 3,
1989. The rules were corrected for an omission, published on November
15, 1989, (13 Ill Reg. 19444), and became effective December 5, 1989. In
a November 18, 1991, letter from Bharat Mathur, then Manager, Division
of Air Pollution Control, Illinois Environmental Protection Agency
(IEPA) to Stephen Rothblatt, Chief, Regulation Development Branch,
Region 5, USEPA, Illinois committed to notify USEPA of any pending
construction or operating permit application during the 30 day public
comment period which is part of Illinois' permit issuance process
(Section 203.150). This commitment is part of the administrative record
of USEPA's approval of the Illinois' operating permit program for the
purpose of issuing federally enforceable operating permits at 40 CFR
52.720 (c) (84) and 52.737 on December 17, 1992 (57 FR 59928). USEPA may
deem a permit not federally enforceable if monitoring provisions do not
comply with the requirements of 40 CFR 51.214, part 51, appendix P or
Sec. 51.165.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection; Subtitle B: Air Pollution;
Chapter I: Pollution Control Board; Subchapter a: Permits and General
Provisions; Part 201: Permits and General Provisions, Subpart J:
Monitoring and Testing, Section 201.281; and Subpart L: Continuous
Monitoring, Sections 201.401 through 201.408, adopted at Ill. Reg. 2066,
effective February 3, 1989.
(90) On June 11, 1991, Illinois submitted regulations concerning the
emission of volatile organic compounds from pharmaceutical
manufacturing.
(i) Incorporation by reference.
(A) Title 35 of the Illinois Administrative Code: Environmental
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control
Board, Subchapter C: Emissions Standards and Limitations for Stationary
Sources, Part 215: Organic Material Emission Standards and Limitations,
Subpart T: Pharmaceutical Manufacturing, Subpart A: General Provisions:
Amendments to sections 215.102 and 215.105 and Creation of section
215.108. Adopted at 15 Illinois Register 80 18, effective May 14, 1991.
(B) Title 35 of the Illinois Administrative Code: Environmental
Protection, Subtitle B: Air Pollution, Chapter 1: Pollution Control
Board, Subchapter C: Emissions Standards and Limitations for Stationary
Sources, Part 211: Definitions and General Provisions, Subpart B:
Definitions. Adopted at 15 Illinois Register 79 01, effective May 14,
1991.
(91) [Reserved]
(92) On June 4, 1992, the State submitted particulate matter
regulations adopted as part of Pollution Control Board Proceeding R91-
35. These regulations concern particulate matter ambient limits and
episode regulations.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B:
[[Page 382]]
Air Pollution, Chapter I: Pollution Control Board
(A) Part 212 Visible and Particulate Matter Emissions: Section
212.113 Incorporations by Reference; section 212.424 Fugitive
Particulate Matter Control for the Portland Cement Manufacturing Plant
and Associated Quarry Operations located in LaSalle County, South of the
Illinois River; section 212.443 Coke Plants; section 212.445 Blast
Furnace Cast Houses; adopted at 16 Illinois Register 8204, effective May
15, 1992.
(B) Part 243 Air Quality Standards: Section 243.108 Incorporations
by Reference; section 243.120 PM-10; section 243.121
Repealed; adopted at 16 Illinois Register 8185, effective May 15, 1992.
(C) Part 244 Episodes: Section 244.101 Definitions; section 244.106
Monitoring; section 244.107 Determination of Areas Affected; section
244.121 Local Agency Responsibilities; section 244.161 Advisory Alert
and Emergency Levels; section 244.162 Criteria for Declaring and
Advisory; section 244.163 Criteria for Declaring a Yellow Alert; section
244.166 Criteria for Terminating Advisory, Alert and Emergency; section
244.167 Episode Stage Notification; section 244.168 Contents of Episode
Stage Notification; section 244.169 Actions During Episode Stages
Adopted; section 244 appendix D; adopted at 16 Illinois Register 8191,
effective May 15, 1992.
(93) On September 30, 1992, the State submitted rules regulating
volatile organic compound emissions from gasoline dispensing facilities'
motor vehicle fuel operations.
(i) Incorporation by reference.
(A) Illinois Administrative Code, title 35 Environmental Protection,
subtitle B: Air Pollution, chapter I: Pollution Control Board part 218:
Organic Material Emission Standards and Limitations for the Chicago
Area; subpart Y: Gasoline Distribution; Sec. 218.583 Gasoline Dispensing
Facilities--Storage Tank Filling Operations, amended at 16 Illinois
Register 13864 effective August 24, 1992, and; Sec. 218.586 Gasoline
Dispensing Facilities--Motor Vehicle Fueling Operations, added at 16
Illinois Register 13864, effective August 24, 1992.
(B) [Reserved]
(ii) Additional materials.
(A) Stage II Vapor Recovery SIP Program Description dated September
29, 1992.
(94) On July 30, 1986, the State submitted particulate boiler rules
intended to replace rule 203(g)(1) which was vacated by the Courts. No
action is taken on Sec. 212.209 because the variance which it authorized
has expired. On July 22, 1988, the State submitted opacity rules
intended to replace rule 202(b) which had been vacated by the Courts.
Also on July 22, 1988, the State submitted Illinois Pollution Control
Board procedural rules for considering Air Adjusted Standard Procedures.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Illinois Administrative
Code, Subtitle B: Air Pollution; Chapter 1: Pollution Control Board;
part 212 Visible and Particulate Matter Emissions; subpart E:
Particulate Matter Emission from Fuel Combustion Emission Sources;
Secs. 212.201, 212.202, 212.203 and 212.204. Amended or added at 10 Ill
Reg. 12637, effective July 9, 1986.
(B) Title 35: Environmental Protection, Illinois Administrative
Code, Subtitle B: Air Pollution; Chapter 1: Pollution Control Board;
part 212 Visible and Particulate Matter Emissions; subpart B: Visible
Emissions. Amended or added at 12 Ill. Reg 12492, effective July 13,
1988.
(C) Title 35: Environmental Protection, Illinois Administrative
Code; Subtitle A: General Provisions; Chapter 1: Pollution Control
Board; part 106: Hearings Pursuant to Specific Rules; subpart E: Air
Adjusted Standards Procedures. Added at 12 Ill. Reg 12484, effective
July 13, 1988.
(95) On October 16, 1991, and November 13, 1991, the State submitted
particulate matter regulations adopted as part of Pollution Control
Board Proceeding R91-6. These regulations concern particulate matter
controls for LaSalle County, Illinois.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board.
(A) The addition of definitions for ``Condensible PM-10'', ``PM-
10'', ``Portland Cement Manufacturing Process
[[Page 383]]
Emission Source'', and the modification of the definition of ``Portland
Cement Process'' to Part 211 Definitions and General Provisions: Section
211.122 Definitions; adopted at 15 Illinois Register 15673, effective
October 14, 1991.
(B) Part 212 Visible and Particulate Matter Emissions: Section
212.110 Measurement Methods; the addition of an abbreviation for pounds
per hour to Section 212.111 Abbreviations and Units; additions and
deletions to Section 212.113 Incorporations by Reference including the
addition and/or renumbering of paragraphs (a), (b), (c), (d), (e), and
(h) and the deletion of paragraphs earlier numbered as (a) and (f);
Section 212.423 Emission Limits for Portland Cement the Manufacturing
Plant Located in LaSalle County, South of the Illinois River; adopted at
15 Illinois Register 15708, effective October 4, 1991.
(96) On November 12, 1992, the State of Illinois submitted a Small
Business Stationary Source Technical and Environmental Assistance
Program for incorporation in the Illinois State Implementation Plan as
required by section 507 of the Clean Air Act Amendments of 1990.
Included in the State's submittal were a program description, newly
adopted enabling legislation including new subsection 20 of section 39.5
of the Environmental Protection Act, Public Act 87-1213, and new
subsection 46.13(a) of the Civil Administrative Code, Public Act 87-
1177, and a May 4, 1992, State of Illinois, Illinois Department of
Commerce and Community Affairs (DCCA), Illinois Environmental Protection
Agency (IEPA) Interagency Agreement defining the responsibilities of
DCCA and IEPA in developing and implementing the Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program (Program).
(i) Incorporation by reference. (A) Subsection 20 of section 39.5 of
the Environmental Protection Act adopted as Public Act 87-1213 signed
into law on September 26, 1992, and effective upon signature.
(B) Subsection 46.13(a) of the Civil Administrative Code adopted as
Public Act 87-1177 signed into law on September 21, 1992, and effective
upon signature.
(ii) Other material. (A) Program description.
(B) May 4, 1992, Interagency Agreement between DCCA and IEPA
defining the responsibilities of each agency in developing and
implementing the program.
(97) On October 12, 1992, and June 2, 1993, the State of Illinois
submitted a requested revision to the Illinois State Implementation Plan
(SIP) intended to satisfy the requirements of section 182(a)(3)(B) of
the Clean Air Act as amended in 1990. Included were State rules
establishing procedures for the annual reporting of emissions of
volatile organic material (VOM) and oxides of nitrogen (NOx)
as well as other regulated air pollutants by stationary sources in ozone
nonattainment areas. Also included was a June 2, 1993, commitment letter
from the Illinois Environmental Protection Agency (IEPA) to fulfill the
reporting requirements of the United States Environmental Protection
Agency by performing the following tasks:
(i) Update the AIRS Facility Subsystem using the annual emissions
report data. The 1992 data will be updated by December 31, 1993, and
subsequent updates will be made by July 1st of each year.
(ii) Retain annual emissions reports for at least three (3) years.
(iii) Develop and submit Emissions Statement Status Reports (ESSR)
on a quarterly basis each year until all applicable sources have
submitted the required annual emissions reports. The report will show
the total number of facilities from which emission statement data was
requested, the number of facilities that met the provisions, and the
number of facilities that failed to meet the provisions. Sources that
are delinquent in submitting their emissions statements will be
individually listed if they emit 500 tons per year or more of VOM or
2500 tons per year or more of NOx. The report will also
contain the emission data requested in Appendix F of the July 6, 1992,
Draft Guidance on the Implementation of an Emission Statement Program.
(iv) All sources subject to the emission statement requirements must
report, at a minimum, the information
[[Page 384]]
specified under subpart C of part 254 of chapter II of subtitle B of
title 35 of the Illinois Administrative Code.
(A) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter II:
Environmental Protection Agency, Part 254: Annual Emissions Report,
adopted at 17 Illinois Register 7782, effective May 14, 1993.
(B) Other material. June 2, 1993, commitment letter.
(98) On July 21, 1986, the State a submitted revision to its
particulate matter regulations to incorporate an emission limit for
continuous automatic stoking animal pathological waste incinerators.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter 1: Pollution Control Board, Part 212 Visible and Particulate
Matter Emissions, subpart D: Particulate Matter Emissions from
Incinerators, section 212.185 Continuous Automatic Stoking Animal
Pathological Waste Incinerators. Adopted December 18, 1986, added at 11
Ill. Reg. 1410, effective December 30, 1986.
(99) On January 4, 1989, the State submitted revisions to its sulfur
dioxide rules.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart
A: General Provisions, section 214.102 Abbreviations and Units. Amended
at 12 Ill. Reg. 20778, effective December 5, 1988.
(B) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart
A: General Provisions, section 214.104 Incorporations by Reference.
Amended at 15 Ill. Reg. 1017, effective January 15, 1991.
(C) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter 1: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 214 Sulfur Limitations, Subpart
O: Petroleum Refining, Petrochemical and Chemical Manufacturing, section
214.382 Petroleum and Petrochemical Processes. Amended at 12 Ill. Reg.
20778, effective December 5, 1988.
(100) On October 21, 1993, the State submitted definitions codified
as part of the Illinois Administrative Code for incorporation in the
Illinois State Implementation Plan.
(i) Incorporation by reference.
Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emission Standards and Limitations for Stationary Sources,
Part 211 Definitions and General Provisions, Subpart A: General
Provisions: Sections 211.101 and 211.102, Subpart B: Definitions,
Sections 211.121, 211.130, 211.150, 211.170, 211.210, 211.230, 211.250,
211.290, 211.310, 211.330, 211.350, 211.370, 211.390, 211.410, 211.430,
211.450, 211.470, 211.490, 211.510, 211.530, 211.550, 211.570, 211.590,
211.610, 211.630, 211.650, 211.670, 211.690, 211.710, 211.730, 211.750,
211.770, 211.790, 211.810, 211.830, 211.850, 211.870, 211.890, 211.910,
211.930, 211.950, 211.970, 211.990, 211.1010, 211.1050, 211.1090,
211.1110, 211.1130, 211.1150, 211.1170, 211.1190, 211.1210, 211.1230,
211.1250, 211.1270, 211.1290, 211.1310, 211.1330, 211.1350, 211.1370,
211.1390, 211.1410, 211.1430, 211.1470, 211.1490, 211.1510, 211.1530,
211.1550, 211.1570, 211.1590, 211.1610, 211.1630, 211.1650, 211.1670,
211.1690, 211.1710, 211.1730, 211.1750, 211.1770, 211.1790, 211.1810,
211.1830, 211.1850, 211.1870, 211.1890, 211.1910, 211.1930, 211.1950,
211.1970, 211.1990, 211.2010, 211.2050, 211.2070, 211.2090, 211.2110,
211.2130, 211.2150, 211.2170, 211.2190, 211.2210, 211.2230, 211.2250,
211.2270, 211.2310, 211.2330, 211.2350, 211.2370, 211.2390, 211.2410,
211.2430, 211.2450, 211.2470, 211.2490, 211.2510, 211.2530, 211.2550,
211.2570, 211.2590, 211.2650, 211.2670, 211.2690, 211.2710, 211.2730,
211.2750, 211.2770, 211.2790, 211.2810, 211.2830, 211.2850, 211.2870,
211.2890, 211.2910, 211.2930, 211.2950, 211.2970, 211.2990, 211.3010,
211.3030, 211.3050, 211.3070, 211.3090, 211.3110, 211.3130, 211.3150,
211.3170, 211.3190, 211.3210, 211.3230, 211.3250, 211.3270, 211.3290,
211.3310, 211.3330, 211.3350, 211.3370, 211.3390, 211.3410, 211.3430,
211.3450, 211.3470, 211.3490, 211.3510, 211.3530, 211.3550,
[[Page 385]]
211.3570, 211.3590, 211.3610, 211.3630, 211.3650, 211.3670, 211.3690,
211.3710, 211.3730, 211.3750, 211.3770, 211.3790, 211.3810, 211.3830,
211.3850, 211.3870, 211.3890, 211.3910, 211.3930, 211.3970, 211.3990,
211.4010, 211.4030, 211.4050, 211.4070, 211.4090, 211.4110, 211.4130,
211.4150, 211.4170, 211.4190, 211.4210, 211.4230, 211.4250, 211.4270,
211.4290, 211.4310, 211.4330, 211.4350, 211.4370, 211.4390, 211.4410,
211.4430, 211.4450, 211.4470, 211.4490, 211.4510, 211.4530, 211.4550,
211.4590, 211.4610, 211.4630, 211.4650, 211.4670, 211.4690, 211.4710,
211.4730, 211.4750, 211.4770, 211.4790, 211.4810, 211.4870, 211.4890,
211.4910, 211.4930, 211.4950, 211.4990, 211.5030, 211.5050, 211.5070,
211.5090, 211.5110, 211.5130, 211.5150, 211.5170, 211.5185, 211.5190,
211.5210, 211.5230, 211.5250, 211.5270, 211.5310, 211.5330, 211.5350,
211.5370, 211.5410, 211.5430, 211.5450, 211.5470, 211.5490, 211.5510,
211.5550, 211.5570, 211.5590, 211.5610, 211.5630, 211.5650, 211.5670,
211.5690, 211.5710, 211.5730, 211.5750, 211.5770, 211.5790, 211.5810,
211.5830, 211.5850, 211.5870, 211.5890, 211.5910, 211.5930, 211.5950,
211.5970, 211.5990, 211.6010, 211.6030, 211.6050, 211.6070, 211.6090,
211.6130, 211.6150, 211.6190, 211.6210, 211.6230, 211.6270, 211.6290,
211.6310, 211.6330, 211.6350, 211.6370, 211.6390, 211.6410, 211.6430,
211.6450, 211.6470, 211.6490, 211.6510, 211.6530, 211.6550, 211.6570,
211.6590, 211.6610, 211.6670, 211.6690, 211.6730, 211.6750, 211.6770,
211.6790, 211.6810, 211.6850, 211.6870, 211.6890, 211.6910, 211.6930,
211.6950, 211.6970, 211.6990, 211.7010, 211.7030, 211.7070, 211.7090,
211.7110, 211.7130, 211.7150, 211.7170, 211.7190, 211.7210, 211.7230,
211.7250, 211.7270, 211.7290, 211.7310, 211.7330, 211.7350.
These section were added at 17 Ill. Reg. 16504, effective September
27, 1993.
(101) On October 21, 1993, the state submitted volatile organic
compound (VOC) control regulations for incorporation in the Illinois
State Implementation for ozone.
(i) Incorporation by reference.
(A) Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources, Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area Subparts A, B, C, E, F, G, H, Q, R, S, T, V, W, X,
Y, Z, AA, BB, and Section 218.
Appendix A, B, C, and D. These regulations were adopted at R91-7 at
15 Ill. Reg. 12231, effective August 16, 1991; amended in R91-23 at Ill.
Reg. 13564, effective August 24, 1992; amended in R91-28 and R91-30 at
16 Ill. Reg. 13864, effective August 24, 1992; amended in R93-9 at 17
Ill. Reg. 16636, effective September 27, 1993. The specific adoption and
effective dates of the rules incorporated by reference follow.
(1) Adopted at R91-7 at 15 Ill. Reg. 12231, effective August 16,
1991. Subpart A 218.108; Subpart C: 218.142; Subpart R: 218.442,
218.444, 218.448, 218.451; Subpart T: 218.484, 218.488; Subpart V:
218.526; Subpart X: 218.561, 218.563; Subpart Z: 218.607; Subpart AA:
218.625, 218.626 and 218.630.
(2) Amended in R93-9 at 17 Ill. Reg. 16636, effective September 27,
1993. Subpart A: 218.100, 218.101, 218.102, 218.103, 218.104, 218.105,
218.106, 218.107, 218.109, 218.110, 218.111, 218.112; Subpart B:
218.121, 218.122, 218.123, 218.124; Subpart C: 218.141, 218.143,
218.144; Subpart E: 218.181, 218.182, 218.183, 218.184, 218.186; Subpart
F: 218.204, 218.205, 218.206, 218.207, 218.208, 218.209, 218.210,
218.211; Subpart G: 218.301, 218.302, 218.303, 218.304; Subpart H:
218.401, 218.402, 218.403, 218.404, 218.405; Subpart Q: 218.421,
218.422, 218.423, 218.424, 218.425, 218.426, 218.427, 218.428, 218.429;
Subpart R: 218.441, 218.443, 218.445, 218.446, 218.447, 218.449,
218.450, 218.452; Subpart S: 218.461, 218.462, 218.463, 218.464; Subpart
T: 218.480, 218.481, 218.482, 218.483, 218.485, 218.486, 218.487,
218.489; Subpart V: 218.525; Subpart W: 218.541; Subpart X: 218.562;
Subpart Y: 218.581, 218.582, 218.583, 218.584, 218.585, 218.586; Subpart
Z: 218.601, 218.602, 218.603, 218.608, 218.609, 218.610, 218.611;
Subpart AA: 218.620, 218.621, 218.623, 218.624, 218.628, 218.636,
218.637; Subpart BB: 218.640, 218.642, 218.644, Section 218: Appendix A,
Appendix B, Appendix C, Appendix D.
(B) Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources, Part 219: Organic Material Emission Standards and Limitations
for Metro East Area Subparts
[[Page 386]]
A, B, C, E, F, G, H, Q, R, S, T, V, W, X, Y, Z, AA, BB and Section 219
Appendix A, B, C, and D. These regulations were adopted at R91-8 at Ill.
Reg. 12491, effective August 16, 1991; amended in R91-24 at 16 Ill. Reg.
13597, effective August 24, 1992; amended in R91-30 at 16 Ill. Reg.
13833, effective August 24, 1992, emergency amendment in R93-12 at Ill.
Reg. 8295, effective May 24, 1993, for a maximum of 150 days, amended in
R93-9 at 17 Ill. Reg. 16918, effective September 27, 1993 and October
21, 1993. The specific adoption and effective dates of the rules
incorporated by reference follow.
(1) Adopted at R91-8 at 15 Ill. Reg. 12491, effective August 16,
1991: Subpart A: 219.103, 219.108; Subpart C: 219.142; Subpart R:
219.442, 219.444, 219.448, 219.451; Subpart T: 219.484, 219.488; Subpart
V: 219.526; Subpart X: 219.561, 219.563; Subpart Z: 219.607; Subpart AA:
219.625, 219.626, 219.630.
(2) Amended in R93-9 at 17 Ill. Reg. 16918, effective September 27,
1993:
Subpart A: 219.100, 219.101, 219.102, 219.104, 219.105, 219.106,
219.107, 219.109, 219.110, 219.111, 219.112;
Subpart B: 219.121, 219.122, 219.123, 219.124;
Subpart C: 219.141, 219.143, 219.144;
Subpart E: 219.181, 219.182, 219.183, 219.184, 219.186;
Subpart F: 219.204, 219.205, 219.206, 219.207, 219.208, 219.209,
219.210, 219.211;
Subpart G: 219.301, 219.302, 219.303, 219.304;
Subpart H: 219.401, 219.402, 219.403, 219.404, 219.405;
Subpart Q: 219.421, 219.422, 219.423, 219.424, 219.425, 219.426,
219.427, 219.428, 219.429;
Subpart R: 219.441, 219.443, 219.445, 219.446, 219.447, 219.449,
219.450, 219.452;
Subpart S: 219.461, 219.462, 219.463, 219.464;
Subpart T: 219.480, 219.481, 219.482, 219.483, 219.485, 219.486,
219.487, 219.489;
Subpart V: 219.525;
Subpart W: 219.541;
Subpart X: 219.562;
Subpart Y: 219.581, 219.582, 219.583, 219.584, 219.585, 219.586;
Subpart Z: 219.601, 219.602, 219.603, 219.608, 219.609, 219.610,
219.611;
Subpart AA: 219.620, 219.621, 219.623, 219.624, 219.628, 219.636,
219.637;
Subpart BB: 219.640, 219.642, 219.644;
Section 219: Appendix A, Appendix B, Appendix C, Appendix D.
(102) On October 21, 1993 and March 4, 1994, the State submitted
volatile organic compound control regulations for incorporation in the
Illinois State Implementation Plan for ozone.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 211: Definitions and General
Provisions, Subpart B: Definitions, Sections 211.270, 211.1070,
211.2030, 211.2610, 211.3950, 211.4050, 211.4830, 211.4850, 211.4970,
211.5390, 211.5530, 211.6110, 211.6170, 211.6250, 211.6630, 211.6650,
211.6710, 211.6830, 211.7050. These sections were adopted on January 6,
1994, Amended at 18 Ill. Reg. 1253, and effective January 18, 1994.
(B) Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources, Part 218: Organic Material Emissions Standards and Limitations
for the Chicago Area, Subpart PP: 218.927, 218.928; Subpart QQ: 218.947,
218.948; Subpart RR: 218.967, 218.968; Subpart TT: 218.987, 218.988;
Subpart UU: 218.990. These sections were adopted on September 9, 1993,
Amended at 17 Ill. Reg. 16636, effective September 27, 1993.
(C) Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources, Part 218: Organic Material Emissions Standards and Limitations
for the Chicago Area, Subpart A: 218.106, 218.108, 218.112, 218.114;
Subpart H: 218.402; Subpart Z: 218.602, 218.611; Subpart AA: 218.620,
218.623 (repealed); Subpart CC; Subpart DD; Subpart PP: 218.920,
218.926; Subpart QQ: 218.940, 218.946; Subpart RR: 218.960, 218.966;
Subpart TT: 218.980, 218.986; Subpart UU: 218.991. These sections were
adopted on January 6, 1994, Amended at 18 Ill. Reg. 1945, effective
January 24, 1994.
(103) On February 11, 1993, Illinois submitted a site specific
revision to its carbon monoxide State Implementation Plan for a General
Motors Corporation iron foundry located adjacent to Interstate 74 at G
Street in Vermilion County, Illinois.
(i) Incorporation by reference.
[[Page 387]]
(A) Illinois Administrative Code; Title 35 Environmental Protection;
Subtitle B: Air Pollution; Chapter I: Pollution Control Board;
Subchapter C: Emission Standards and Limitations for Stationary Sources;
P 216: Carbon Monoxide Emissions; Subpart O: Primary and Fabricated
Metal Products; Section 216.382 Exception, General Motors Ferris Foundry
in Vermilion County. Added at 16 Illinois Register 18075, effective
November 13, 1992.
(104) [Reserved]
(105) On February 7, 1994, the State submitted revisions intended to
create a permit program for small sources. The purpose of these
revisions is to lessen the permitting burden on small sources and the
permitting authority by reducing the frequency and/or the requirement of
operating permit renewal for sources emitting a total of less than 25
tons per year of regulated air pollutants. A permit obtained through
these procedures is intended to continue as a legally binding State
document until the source modifies its operations, withdraws its permit
or becomes subject to a new applicable requirement. At that time, the
State will determine whether the small source procedures continue to be
appropriate and issue a revised small source permit or direct the source
in following the correct permit procedures. Since small source permits
are not subject to a public comment period or review by USEPA, they are
not federally enforceable and cannot be used to limit sources' potential
to emit and thereby exempt them from the requirements of the title v
operating permit program.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board.
(A) Subchapter a: Permits and General Provisions, Part 201: Permits
and General Provisions.
(1) Subpart D: Permit Applications and Review Process, Section
201.162 Duration and Section 201.163 Joint Construction and Operating
Permits. Amended at 17 Ill. Reg., effective December 7, 1993.
(2) Subpart E: Special Provisions for Operating Permits for Certain
Smaller Sources, Section 201.180 Applicability, Section 201.181
Expiration and Renewal and Section 201.187 Requirement for a Revised
Permit Added at 17 Ill. Reg., effective December 7, 1993.
(B) Subchapter C: Emission Standards and Limitations for Stationary
Sources, Part 211: Definitions and General Provisions, Subpart B:
Definitions, Section 211.5500 Regulated Air Pollutant. Adopted at 17
Ill. Reg., effective December 7, 1993.
(106) On November 23, 1994, the State submitted amended marine
vessel loading rules which consisted of revised definitions, and
revisions to the Ozone Control Plan for the Chicago and Metro-East St.
Louis areas.
(i) Incorporation by reference.
Illinois Administrative Code, Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources.
(A) Part 211: Definitions and General Provisions, Subpart B:
Definitions, Sections 211.3480 Loading Event and 211.3660 Marine Vessel
added at 18 Ill. Reg. 166769, effective October 25, 1994; Sections
211.3650 Marine Terminal, and 211.6970 Vapor Collection System, and
Section 211.6990 Vapor Control System amended at 18 Ill. Reg. 16769,
effective October 25, 1994.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart A; General Provisions, Sections 218.101
Savings Clause and 218.106 Compliance Dates amended at 18 Ill. Reg.
16392, effective October 25, 1994; Subpart GG: Marine Terminals,
Sections 218.760 Applicability, 218.762 Control Requirements, 218.764
Compliance Certification, 218.766 Leaks, 218.768 Testing and Monitoring,
and 218.770 Recordkeeping and Reporting added at 18 Ill. Reg. 16392,
effective October 25, 1994; Appendix E: List of Affected Marine
Terminals amended at 18 Ill. Reg. 16392, effective October 25, 1994.
(C) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart A; General Provisions, Sections 219.101
Savings Clause and 219.106 Compliance Dates amended at 18 Ill. Reg.
16415, effective October 25, 1994; Subpart GG:
[[Page 388]]
Marine Terminals, Sections 219.760 Applicability, 219.762 Control
Requirements, 219.764 Compliance Certification, 219.766 Leaks, 219.768
Testing and Monitoring, and 219.770 Recordkeeping and Reporting added at
18 Ill. Reg. 16415, effective October 25, 1994.
(D) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Appendix E: List of affected Marine Terminals
amended at 20 Ill. Reg. 3848. Effective February 15, 1996.
(107) On October 25, 1994, Illinois submitted a regulation which
requires gasoline dispensing operations in the Chicago and Metro-East
St. Louis ozone nonattainment areas that have storage tanks of at least
575 gallons to install pressure/vacuum relief valves on storage tank
vent pipes. Tanks installed before January 1, 1979, are exempt from the
rule if they have a capacity of less than 2000 gallons, as are tanks
that are equipped with floating roofs or equivalent control devices that
have been approved by the State and USEPA.
(i) Incorporation by reference. Illinois Administrative Code Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 201 Permits and General Provisions, Section 201.302
Reports. Amended at 18 Ill. Reg. 15002. Effective September 21, 1994.
(B) Part 211 Definitions and General Provisions, Section 211.5060
Pressure/Vacuum Relief Valve. Added at 18 Ill. Reg. 14962. Effective
September 21, 1994.
(C) Part 218 Organic Material Emission Standards and Limitations for
Chicago Area, Section 218.583 Gasoline Dispensing Operations-Storage
Tank Filling Operations. Amended at 18 Ill. Reg. 14973. Effective
September 21, 1994.
(D) Part 219 Organic Material Emission Standards and Limitations for
Metro East Area, Section 219.583 Gasoline Dispensing Operations-Storage
Tank Filling Operations. Amended at 18 Ill. Reg. 14987. Effective
September 21, 1994.
(108) On January 25, 1994, the State submitted a revision to its
ozone State Implementation Plan (SIP) for Quantum Chemical Corporation's
facility located in Morris, Aux Sable Township, Grundy County, Illinois.
It grants an adjusted standard from Parts 35 Illinois Administration
Code (IAC) 218.966 and 218.986 as they apply to specific units or plants
within this facility.
(i) Incorporation by reference.
(A) Illinois Pollution Control Board Final Opinion and Order, AS 92-
14, adopted on October 7, 1993, and effective on October 7, 1993.
(109) On October 25, 1994, Illinois submitted a regulation that
reduces the maximum allowable volatility for gasoline sold in the Metro-
East St. Louis ozone nonattainment area, which includes Madison, Monroe,
and St. Clair Counties, to 7.2 pounds per square inch Reid Vapor
Pressure (RVP) during the summer control period. On May 14, 1996,
Illinois submitted an amendment to its RVP rule which changes the summer
regulatory control period of the program. The summer control period for
the Illinois RVP program is June 1 to September 15.
(i) Incorporation by reference. Illinois Administrative Code Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources, Part 219 Organic Material Emission
Standards and Limitations for Metro East Area.
(A) Section 219.112 Incorporation by Reference. Amended at 18 Ill.
Reg. 14987. Effective September 21, 1994.
(B) [Reserved]
(C) Section 219.585 Gasoline Volatility Standards. Amended at 20
Ill. Reg. 3848: Effective February 15, 1996.
(110) On September 26, 1994, the State of Illinois submitted a
revision to its ozone State Implementation Plan for the J. M. Sweeney
Company located in Cicero, Cook County, Illinois. It grants a compliance
date extension from Stage II vapor control requirements (35 Ill. Adm.
Code 218.586) from November 1, 1993, to March 31, 1995.
(i) Incorporation by reference.
(A) Illinois Pollution Control Board Final Opinion and Order, PCB
93-257, adopted on September 1, 1994, and effective on September 1,
1994. Certification dated 9/23/94 of Acceptance by J. M. Sweeney.
[[Page 389]]
(111) On July 29, 1994, Illinois submitted regulations which require
adoption and implementation of particulate matter contingency measures
for Illinois' four moderate particulate matter nonattainment areas.
Sources in the nonattainment areas which emit at least 15 tons of
particulate matter must submit two levels of contingency measures, which
will then become Federally enforceable. Sources will be required to
implement the contingency measures if an exceedance of the National
Ambient Air Quality Standard for Particulate Matter is measured, or if
the United States Environmental Protection Agency finds that an area has
failed to attain the National Ambient Air Quality Standards.
(i) Incorporation by reference.
Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board;
(A) Part 106 Hearings Pursuant to Specific Rules, Section 106.930--
Applicability, Section 106.931--Petition for Review, Section 106.932--
Response and Reply, Section 106.933--Notice and Hearing, Section
106.934--Opinion and Order. Amended at 18 Ill. Reg. 11579-11586.
Effective July 11, 1994.
(B) Part 212 Visible and Particulate Matter Emissions, Section
212.700--Applicability, Section 212.701--Contingency Measure Plans,
Submittal and Compliance Date, Section 212.702--Determination of
Contributing Sources, Section 212.703--Contingency Measure Plan
Elements, Section 212.704--Implementation, Section 212.705--Alternative
Implementation. Added at 18 Ill. Reg. 11587-11606. Effective July 11,
1994.
(112) On March 28, 1995, the State of Illinois submitted a revision
to its ozone State Implementation Plan for P & S, Incorporated's
facility located in Wood Dale, Du Page County, Illinois. It grants a
compliance date extension from Stage II vapor control requirements (35
Ill. Adm. Code 218.586) from November 1, 1994 until April 1, 1996, or 60
days after notification to P & S, Incorporated that the roadway
construction complicating the installation of Stage II equipment will be
abandoned for any reason, whichever is sooner.
(i) Incorporation by reference.
(A) Illinois Pollution Control Board Final Opinion and Order, PCB
94-299, adopted on February 16, 1995, and effective on February 16,
1995. Certification dated March 1, 1995 of Acceptance by P & S,
Incorporated.
(113) On April 27, 1995, the Illinois Environmental Protection
Agency requested a revision to the Illinois State Implementation Plan in
the form of revisions to the State's New Source Review rules for sources
in the Chicago and metropolitan East St. Louis ozone nonattainment areas
and are intended to satisfy Federal requirements of the Clean Air Act as
amended in 1990. The State's New Source Review provisions are codified
at Title 35: Environmental Protection Subtitle B: Air Pollution, Chapter
I: Pollution Control Board, Subchapter a: Permits and General
Provisions. Part 203 Major Stationary Sources Construction and
Modification is amended as follows:
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subpart A: General
Provisions, Section 203.101 Definitions, Section 203.107 Allowable
Emissions, Section 203.110 Available Growth Margin, Section 203.112
Building, Structure and Facility, Section 203.121 Emission Offset,
Section 203.122 Emissions Unit, Section 203.123 federally Enforceable,
Section 203.126 Lowest Achievable Emission Rate, Section 203.128
Potential to Emit, Section 203.145 Volatile Organic Material, Section
203.150 Public Participation. Effective April 30, 1993.
(B) Title 35: Environmental Protection, Subpart B: Major Stationary
Sources in Nonattainment Areas, Section 203.201 Prohibition, Section
203.203 Construction Permit Requirement and Application, Section 203.206
Major Stationary Source, Section 203.207 Major Modification of a Source,
Section 203.208 Net Emission Determination, Section 203.209 Significant
Emissions Determination. Effective April 30, 1993.
(C) Title 35: Environmental Protection, Subpart C: Requirements for
Major Stationary Sources in Nonattainment Areas, Section 203.301 Lowest
Achievable Emission Rate, Section 203.302 Maintenance of Reasonable
Further Progress and Emission Offsets, Section 203.303 Baseline and
Emission Offsets Determination, Section 203.306
[[Page 390]]
Analysis of Alternatives. Effective April 30, 1993.
(D) Title 35: Environmental Protection, Subpart H: Offsets for
Emission Increases From Rocket Engines and Motor Firing, Section 203.801
Offsetting by Alternative or Innovative Means. Effective April 30, 1993.
Published in the Illinois Register, Volume 17, Issue 20, May 14, 1993.
(114) On November 30, 1994, the State submitted an amended Synthetic
Organic Chemical Manufacturing Industry Air Oxidation Process rule which
consisted of extended applicability and tightened control measures to
the Ozone Control Plan for the Chicago and Metro-East St. Louis areas.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart V; Air Oxidation Processes, Sections
218.520 Emission Limitations for Air Oxidation Processes, 218.522
Savings Clause, 218.523 Compliance, 218.524 Determination of
Applicability, and 218.525 Emission Limitations for Air Oxidation
Processes (Renumbered) at 18 Ill. Reg. 16972, effective November 15,
1994.
(B) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart V; Air Oxidation Processes, Sections
219.520 Emission Limitations for Air Oxidation Processes, 219.522
Savings Clause, 219.523 Compliance, 219.524 Determination of
Applicability, and 219.525 Emission Limitations for Air Oxidation
Processes (Renumbered) at 18 Ill. Reg. 17001, effective November 15,
1994.
(115) On May 5, 1995, and May 26, 1995, the State submitted an
amended coating rule which consisted of a tightened applicability cut-
off level for wood furniture coating operations to the Ozone Control
Plan for the Chicago and Metro-East St. Louis areas.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart F; Coating Operations, Sections 218.208
Exemptions from Emission Limitations, Subsection (b), amended at 19 Ill.
Reg. 6848, effective May 9, 1995.
(B) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart F; Coating Operations, Section 219.208
Exemptions from Emission Limitations, Subsection (b), amended at 19 Ill.
Reg. 6958, effective May 9, 1995.
(116) On May 5, 1995, and May 26, 1995, the State submitted a rule
for automotive/transportation and business machine plastic parts coating
operations, which consisted of new volatile organic compound emission
limitations to the Ozone Control Plan for the Chicago and Metro-East St.
Louis areas.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 211: Definitions and General Provisions, Subpart B;
Definitions, Sections 211.660 Automotive/Transportation Plastic Parts,
211.670 Baked Coatings, 211.820 Business Machine Plastic Parts, 211.1880
Electromagnetic Interference/Radio Frequency Interference Shielding
Coatings, 211.1900 Electrostatic Prep Coat, 211.2360 Flexible Coatings,
211.2630 Gloss Reducers, 211.4055 Non-Flexible Coating, 211.4740 Plastic
Part, 211.5480 Reflective Argent Coating, 211.5600 Resist Coat, 211.6060
Soft Coat, 211.6140 Specialty Coatings, 211.6400 Stencil Coat, 211.6580
Texture Coat, and 211.6880 Vacuum Metallizing, amended at 19 Ill. 6823,
effective May 9, 1995.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart F; Coating Operations, Sections 218.204
Emission Limitations, Subsection (n) Plastic Parts Coating: Automotive/
Transportation and (o) Plastic Parts Coating: Business Machine, 218.205
Daily-Weighted Average Limitations, Subsection (g), and 218.207
Alternative
[[Page 391]]
Emission Limitations, Subsection (i), amended at 19 Ill. 6848, effective
May 9, 1995.
(C) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart F; Coating Operations, Section 219.204
Emission Limitations, Subsection (m) Plastic Parts Coating: Automotive/
Transportation and (n) Plastic Parts Coating: Business Machine, 219.205
Daily-Weighted Average Limitations, Subsection (f), and 219.207
Alternative Emission Limitations, Subsection (h), amended at 19 Ill.
Reg. 6958, effective May 9, 1995.
(117) On May 31, 1995, the State submitted amended lithographic
printing rules which consisted of revised definitions, and revisions to
the Ozone Control Plan for the Chicago and Metro-East St. Louis areas.
(i) Incorporation by reference.
Illinois Administrative Code, Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources.
(A) Part 211: Definitions and General Provisions, Subpart B:
Definitions, Sections 211.474 Alcohol, 211.560 As-Applied Fountain
Solution, 211.2850 Heatset Web Offset Lithographic Printing Line,
211.4065 Non-Heatset, 211.5980 Sheet-Fed added at 19 Ill. Reg. 6823,
effective May 9, 1995.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart H; Printing and Publishing, Sections
218.405 Lithographic Printing: Applicability, 218.406 Provisions
Applying to Heatset Web Offset Lithographic Printing Prior to March 15,
1996, 218.407 Emissions Limitations and Control Requirements for
Lithographic Printing Lines On and After March 15, 1996, 218.408
Compliance Schedule for Lithographic Printing on and After March 15,
1996, 218.409 Testing for Lithographic Printing On and After March 15,
1996, 218.410 Monitoring Requirements for Lithographic Printing, 218.411
Recordkeeping and Reporting for Lithographic Printing added at 19 Ill.
Reg. 6848, effective May 9, 1995.
(C) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart H; Printing and Publishing, Sections
219.405 Lithographic Printing: Applicability, 219.406 Provisions
Applying to Heatset Web Offset Lithographic Printing Prior to March 15,
1996, 219.407 Emissions Limitations and Control Requirements for
Lithographic Printing Lines On and After March 15, 1996, 219.408
Compliance Schedule for Lithographic Printing on and After March 15,
1996, 219.409 Testing for Lithographic Printing On and After March 15,
1996, 219.410 Monitoring Requirements for Lithographic Printing, 219.411
Recordkeeping and Reporting for Lithographic Printing added at 19 Ill.
Reg. 6848, effective May 9, 1995.
(118) On October 24, 1994, the State submitted a site-specific
revision to the State Implementation Plan establishing lubricant
selection and temperature control requirements for Alumax Incorporated,
Morris, Illinois facility's hot and cold aluminum rolling mills, as part
of the Ozone Control Plan for the Chicago area.
(i) Incorporation by reference. September 1, 1994, Opinion and Order
of the Illinois Pollution Control Board AS 92-13, effective September 1,
1994.
(119) On May 5, 1995, and May 26, 1995, the State submitted a
revised rule tightening volatile organic compound emission limitations
for certain surface coating operations in the Chicago and Metro-East St.
Louis areas.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart F; Coating Operations, Sections 218.204
Emission Limitations, 218.205 Daily-Weighted Average Limitations,
218.207 Alternative Emission Limitations, 218.208 Exemptions From
Emission Limitations, 218.210 Compliance Schedule, 218.212 Cross-line
Averaging to Establish Compliance for Coating Lines, 218.213
Recordkeeping and Reporting for Cross-line Averaging Participating
[[Page 392]]
Coating Lines, 218.214 Changing Compliance Methods, 218 Appendix H
Baseline VOM Content Limitations for Subpart F, Section 218.212 Cross-
Line Averaging, amended at 19 Ill. 6848, effective May 9, 1995.
(B) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart F; Coating Operations, Sections 219.204
Emission Limitations, 219.205 Daily-Weighted Average Limitations,
219.207 Alternative Emission Limitations, 219.208 Exemptions From
Emission Limitations, 219.210 Compliance Schedule, 219.212 Cross-line
Averaging to Establish Compliance for Coating Lines, 219.213
Recordkeeping and Reporting for Cross-line Averaging Participating
Coating Lines, 219.214 Changing Compliance Methods, 219 Appendix H
Baseline VOM Content Limitations for Subpart F, Section 219.212 Cross-
line Averaging, amended at 19 Ill. Reg. 6958, effective May 9, 1995.
(120) On May 5, 1995, and May 31, 1995, the State of Illinois
submitted a rule for motor vehicle refinishing operations, which
consisted of new volatile organic material (VOM) emission limitations to
the Ozone Control Plan for the Chicago and Metro East St. Louis areas.
This State Implementation Plan revision contains rules which establish
VOM content limits for certain coatings and surface preparation products
used in automobile and mobile equipment refinishing operations in the
Chicago and Metro-East area, as well as requires these operations to
meet certain equipment and work practice standards to further reduce
VOM.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 211: Definitions and General Provisions, Subpart B;
Definitions, Sections 211.240 Adhesion Promoter, 211.495 Anti-Glare/
Safety Coating, 211.685 Basecoat/Clearcoat System, 211.1875 Elastomeric
Materials, 211.3915 Mobile Equipment, 211.3960 Motor Vehicles, 211.3965
Motor Vehicle Refinishing, 211.5010 Precoat, 211.5061 Pretreatment Wash
Primer, 211.5080 Primer Sealer, 211.5090 Primer Surfacer Coat, 211.6145
Specialty Coatings for Motor Vehicles, 211.6540 Surface Preparation
Materials, 211.6620 Three or Four Stage Coating System, 211.6695 Topcoat
System, 211.6720 Touch-Up Coating, 211.6860 Uniform Finish Blender,
amended at 19 Ill. 6823, effective May 9, 1995.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart HH; Motor Vehicle Refinishing, Sections
218.780 Emission Limitations, 218.782 Alternative Control Requirements,
218.784 Equipment Specifications, 218.786 Surface Preparation Materials,
218.787 Work Practices, 218.788 Testing, 218.789 Monitoring and Record
keeping for Control Devices, 218.790 General Record keeping and
Reporting, 218.791 Compliance Date, 218.792 Registration, amended at 19
Ill. 6848, effective May 9, 1995.
(C) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart HH; Motor Vehicle Refinishing, Sections
219.780 Emission Limitations, 219.782 Alternative Control Requirements,
219.784 Equipment Specifications, 219.786 Surface Preparation Materials,
219.787 Work Practices, 219.788 Testing, 219.789 Monitoring and Record
keeping for Control Devices, 219.790 General Record keeping and
Reporting, 219.791 Compliance Date 219.792 Registration, amended at 19
Ill. Reg. 6958, effective May 9, 1995.
(121) On May 23, 1995, and June 7, 1995, the State submitted
volatile organic compound control regulations for incorporation in the
Illinois State Implementation Plan for ozone.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 211: Definitions and General
Provisions, Subpart B: Definitions, Sections 211.695, 211.696, 211.5245,
211.6025. These sections were adopted on May 4, 1995, Amended at 19 Ill.
Reg. 7344, and effective May 22, 1995.
(B) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and
Limitations
[[Page 393]]
for Stationary Sources, Part 218: Organic Material Emission Standards
and Limitations for the Chicago Area, Subpart V: 218.500, 218.501,
218.502, 218.503, 218.504, 218.505, 218.506. These sections were adopted
on May 4, 1995, Amended at 19 Ill. Reg. 7359, and effective May 22,
1995.
(C) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 219: Organic Material Emission
Standards and Limitations for the Metro East Area, Subpart V: 219.500,
219.501, 219.502, 219.503, 219.504, 219.505, 219.506. These sections
were adopted on May 4, 1995, Amended at 19 Ill. Reg. 7385, and effective
May 22, 1995.
(122) On June 26, 1995, the Illinois Environmental Protection Agency
(IEPA) submitted a State Implementation Plan (SIP) revision containing
the 1992 enhancements to the Illinois vehicle inspection and maintenance
(I/M) program. Such enhancements were originally developed to meet the
I/M performance standard as called for in the United States
Environmental Protection Agency's (USEPA's) proposed `post-1987' I/M SIP
policy and specified in the settlement agreement entered into by the
parties in Wisconsin v. Reilly, Case No. 87-C-0395, E.D. Wis. The
submittal includes authorizing legislation P.A. 86-1433, signed into law
on September 12, 1990 and procedural rules published in the Illinois
Register on June 26, 1992 at Volume 16, Issue 16.
(i) Incorporation by reference.
(A) 35 Illinois Administrative Code 276; Sections 276.101, 276.102,
276.204, 276.206, 276.301, 276.303, 276.304, 276.307, 276.308, 276.309,
276.310, 276.311, 276.401, 276.402, 276.701, 276.702, and 276.703
amended or added at 16 Ill. Reg. 10230, effective June 15, 1992.
(ii) Other material.
(A) Public Act 86-1433 adopted by the Illinois General Assembly on
June 29, 1990, signed into law by Governor Edgar on September 12, 1990
effective September 12, 1990 (Sections 2,3, and 4) and January 1, 1991
(Section 1). (B) June 26, 1995 letter and attachments from the IEPA's
Bureau of Air Chief to the USEPA's Regional Air and Radiation Division
Director submitting Illinois' revision to the ozone SIP.
(123) On May 5, 1995, May 26, 1995, and May 31, 1995, the State of
Illinois submitted miscellaneous revisions to its Volatile Organic
Material (VOM) Reasonably Available Control Technology (RACT) rules
contained in 35 Illinois Administrative Code Part 218: Organic Material
Emission Standards and Limitations for the Chicago Area, and Part 219:
Organic Material Emission Standards and Limitations for the Metro East
Area. These amendments clarify certain applicability provisions, control
requirements, and compliance dates contained within these regulations.
Also included in these amendments is an exemption for certain
polyethylene foam packaging operations from VOM RACT requirements.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources.
(A) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart A: General Provisions, Section 218.106;
Subpart T: Pharmaceutical Manufacturing, Section 218.480; Subpart DD:
Aerosol Can Filling, Section 218.686; Subpart RR: Miscellaneous Organic
Chemical Process, Section 218.966; Subpart TT: Other Emission Units,
Section 218.980. Amended at 19 Ill. Reg. 6848; effective May 9, 1995.
(B) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart T: Pharmaceutical Manufacturing,
Section 219.480; Subpart TT: Other Emission Units, Section 219.980.
Amended at 19 Ill. Reg. 6958, effective May 9, 1995.
(124) The state of Illinois requested a revision to the Illinois
State Implementation Plan (SIP). This revision is for the purpose of
establishing and implementing a Clean-Fuel Fleet Program in the Chicago
ozone nonattainment area, which includes Cook, DuPage, Grundy (Aux Sable
and Goose Lake townships only), Kane, Kendall (Oswego township only),
Lake, McHenry, and Will counties, to satisfy the federal requirements
for a Clean
[[Page 394]]
Fuel Fleet Program to be part of the SIP for Illinois.
(i) Incorporation by reference.
(A) 35 Illinois Administrative Code 241; Sections 241.101, 241.102,
241.103, 241.104, 241.110, 241.111, 241.112, 241.113, 241.114, 241.115,
241.130, 241.131, 241.140, 241.141, 241.142, 241. Appendix A, 241.
Appendix B adopted in R95-12 at 19 Ill. Reg. 13265, effective September
11, 1995.
(ii) Other material.
(A) September 29, 1995 letter and attachments from the Illinois
Environmental Protection Agency's Bureau of Air Chief to the USEPA's
Regional Air and Radiation Division Director submitting Illinois'
revision to the ozone SIP.
(125) On November 14, 1995 the State submitted requested revisions
to the Illinois State Implementation Plan in the form of revisions to
the definitions of Organic Material and Organic Materials, Organic
Solvent, Petroleum Liquid and Volatile Organic Material (VOM) or
Volatile Organic Compound (VOC) intended to exempt acetone from
regulation as a VOC.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 211: Definitions and General
Provisions, Subpart B: Definitions, Section 211.4250 Organic Material
and Organic Materials, Section 211.4260 Organic Solvent, Section
211.4610 Petroleum Liquid, Section 211.7150 Volatile Organic Material
(VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill. Reg.
15176, effective October 19, 1995.
(126) On November 15, 1995 the State submitted a requested revision
to the Illinois State Implementation Plan in the form of a revision to
the definition Volatile Organic Material (VOM) or Volatile Organic
Compound (VOC) intended to exempt parachlorobenzotrifluoride and cyclic,
branched or linear completely methylated siloxanes from the definition
of VOM or VOC and thereby, from regulation as a VOC.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 211: Definitions and General
Provisions, Subpart B: Definitions, Section 211.7150 Volatile Organic
Material (VOM) or Volatile Organic Compounds (VOC). Amended at 19 Ill.
Reg. 11066, effective July 12, 1995.
(127) On October 21, 1993, and May 26, 1995, Illinois submitted
volatile organic compound control regulations for incorporation in the
Illinois State Implementation Plan for ozone.
(i) Incorporation by reference.
(A) Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources, Part 219: Organic Material Emissions Standards and Limitations
for Metro East Area, Subpart PP: 219.920, 219.923, 219.927, 219.928;
Subpart QQ: 219.940, 219.943, 219.947, 219.948; Subpart RR: 219.960,
219.963, 219.967, 219.968; Subpart TT: 219.980, 219.983, 219.987,
219.988; and Subpart UU. These Subparts were adopted on September 9,
1993, Amended at 17 Ill. Reg. 16918, effective September 27, 1993.
(B) Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources, Part 219: Organic Material Emissions Standards and Limitations
for Metro East Area, Subpart PP: 219.926; Subpart QQ: 219.946; Subpart
RR: 219.966; and Subpart TT: 219.986. These Subparts were adopted on
April 20, 1995, Amended at 19 Ill. Reg. 6958, effective May 9, 1995.
(128) On November 30, 1994, the State submitted volatile organic
compound control regulations for incorporation in the Illinois State
Implementation Plan for ozone.
(i) Incorporation by reference.
(A) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 211: Definitions and General
Provisions, Subpart B: Definitions, Sections 211.2300, 211.3695. These
sections were adopted on October 20, 1994, Amended at 18 Ill.
[[Page 395]]
Reg. 16929, and effective November 15, 1994.
(B) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 218: Organic Material Emission
Standards and Limitations for the Chicago Area, Subpart B: 218.119,
218.120, 218.125, 218.127, 218.128, 218.129. These sections were adopted
on October 20, 1994, Amended at 18 Ill. Reg. 16950, and effective
November 15, 1994.
(C) Title 35: Environmental Protection, Subtitle B: Air Pollution,
Chapter I: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 219: Organic Material Emission
Standards and Limitations for the Metro East Area, Subpart B: 219.119,
219.120, 219.125, 219.127, 219.128, 219.129. These sections were adopted
on October 20, 1994, Amended at 18 Ill. Reg. 16980, and effective
November 15, 1994.
(129) [Reserved]
(130) On June 29, 1995, the State of Illinois submitted a revision
to the State Implementation Plan (SIP) for the implementation of an
enhanced motor vehicle inspection and maintenance (I/M) program in the
Chicago and East St. Louis ozone nonattainment areas. This revision
included the Vehicle Emissions Inspection Law of 1995 (625 ILCS 5/13B),
P.A. 88-533, effective January 18, 1995; I/M regulations (R94-19 and
R94-20) adopted on December 1, 1994, by the Illinois Pollution Control
Board; February 29, 1996, Request-For-Proposals; April 22, 1996, letter
of commitment; plus additional support documentation including modeling
demonstration.
(i) Incorporation by reference.
(A) Vehicle Emissions Inspection Law of 1995 (625 ILCS 5/13B),
Public Act 88-533, signed into law by Governor Edgar on January 18, 1995
effective January 18, 1995.
(B) 35 Illinois Administrative Code 240; Sections 240.101, 240.102,
240.104, 240.105, 240.106, 240.107, 240.124, 240.125, 240.151, 240.152,
240.153, 240.161, 240.162, 240.163, 240.164, 240.171, 240.Table A,
240.Table B amended or added in R94-19 at 18 Ill. Reg. 18228, effective
December 14, 1994.
(C) 35 Illinois Administrative Code 240; Sections 240.172, 240.173
amended in R94-20 at 18 Ill. Reg. 18013, effective December 12, 1994.
(ii) Additional materials.
(A) February 29, 1996, Request-For-Proposals submitted on April 22,
1996.
(B) April 22, 1996, letter of commitment and attachments from IEPA's
Bureau of Air Chief to the USEPA's Regional Air and Radiation Division
Director.
(131) On January 10, 1996, the State of Illinois submitted a site-
specific State Implementation Plan (SIP) revision request for ozone,
which extends the required deadline for the Rexam Medical Packaging Inc.
facility in Mundelein, Lake County, Illinois (Rexam), to comply with 35
Illinois Administrative Code, part 218, subpart H, as it applies to its
Inline Press Number No.105, Inline Press No. 111, Offline 32-inch Press,
Offline 36-inch Press, and Offline 42-inch press. The compliance date is
extended from March 15, 1995, until June 15, 1996, or upon submittal of
the ``certificate of compliance'' required under section 218.404 of
subpart H, whichever occurs first. The variance includes a compliance
plan requiring the installation and use of a catalytic oxidizer to
control emissions from Inline Press No. 105, Inline Press No. 111,
Offline 32-inch Press, and Offline 42-inch Press. The Offline 36-inch
Press is required to convert to water-based ink, or be controlled by the
oxidizer if the press is not converted by March 1, 1996. The variance is
contingent upon certain compliance milestone conditions.
(i) Incorporation by reference.
(A) Illinois Pollution Control Board Final Opinion and Order, PCB
95-99, adopted on October 19, 1995, and effective March 15, 1995.
Certification of Acceptance dated November 29, 1996, by Rexam.
(132) On January 8, 1996, Illinois submitted a site-specific
revision to the State Implementation Plan establishing lubricant
selection and temperature control requirements for the hot and cold
aluminum operations at Reynolds Metals Company's McCook Sheet and Plate
Plant in McCook, Illinois (in Cook County), as part of the
[[Page 396]]
Ozone Control Plan for the Chicago area.
(i) Incorporation by reference. September 21, 1995, Opinion and
Order of the Illinois Pollution Control Board AS 91-8, effective
September 21, 1995.
(133) On July 23, 1996, the Illinois Environmental Protection Agency
submitted a site-specific State Implementation Plan revision request for
the Chase Products Company's Broadview (Cook County), Illinois facility
located at 19th Street and Gardner Road, as part of the Ozone Control
Plan for the Chicago area. The resulting revision revises the control
requirements codified at 35 Illinois Administrative Code Part 218
Subpart DD Section 218.686 as they apply to the Chase Products Company's
Broadview facility.
(i) Incorporation by reference. May 16, 1996, Opinion and Order of
the Illinois Pollution Control Board AS 94-4, effective May 16, 1996.
(134) On May 5, 1995, and May 26, 1995, the State of Illinois
submitted a State Implementation Plan revision request to the United
States Environmental Protection Agency for reactor processes and
distillation operation processes in the Synthetic Organic Chemical
Manufacturing Industry as part of the State's control measures for
Volatile Organic Material (VOM) emissions for the Chicago and Metro-East
(East St. Louis) areas. VOM, as defined by the State of Illinois, is
identical to ``volatile organic compounds'' (VOC), as defined by EPA.
This plan was submitted to meet the Clean Air Act requirement for States
to adopt Reasonably Available Control Technology rules for sources that
are covered by Control Techniques Guideline documents. The EPA approves
the State Implementation Plan revision request as it applies to Stepan
Company's Millsdale Facility.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 211: Definitions and General Provisions, Subpart B;
Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780
Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary
Product.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart Q: Synthetic Organic Chemical and Polymer
Manufacturing Plant, Sections 218.431 Applicability, 218.432 Control
Requirements, 218.433 Performance and Testing Requirements, 218.434
Monitoring Requirements, 218.435 Recordkeeping and Reporting
Requirements, 218.436 Compliance Date, 218 Appendix G, TRE Index
Measurement for SOCMI Reactors and Distillation Units, amended at 19
Ill. Reg. 6848, effective May 9, 1995.
(135) On January 23, 1996, Illinois submitted a site-specific
revision to the State Implementation Plan which relaxes the volatile
organic material (VOM) content limit for fabricated product adhesive
operations at Solar Corporation's Libertyville, Illinois facility from
3.5 pounds VOM per gallon to 5.75 pounds VOM per gallon.
(i) Incorporation by reference. July 20, 1995, Opinion and Order of
the Illinois Pollution Control Board, AS 94-2, effective July 20, 1995.
(136) On January 9, 1997, Illinois submitted a site-specific
revision to the State Implementation Plan which grants a temporary
variance from certain automotive plastic parts coating volatile organic
material requirements at Solar Corporation's Libertyville, Illinois
facility.
(i) Incorporation by reference. September 5, 1996, Opinion and Order
of the Illinois Pollution Control Board, PCB 96-239, effective September
13, 1996. Certificate of Acceptance signed September 13, 1996.
(137) Approval--On April 25, 1997, the Illinois Environmental
Protection Agency submitted a revision to the State Implementation Plan
for general conformity rules. The general conformity rules enable the
State of Illinois to implement the 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.
[[Page 397]]
(A) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter 2: Environmental
Protection Agency, Part 255 General Conformity: Criteria and Procedures.
Adopted at 21 Ill. Reg. effective March 6, 1997.
(138) On May 5, 1995, and May 26, 1995, the State of Illinois
submitted State Implementation Plan (SIP) revision requests for reactor
processes and distillation operation processes in the Synthetic Organic
Chemical Manufacturing Industry as part of the State's control measures
for Volatile Organic Material emissions for the Metro-East (East St.
Louis) area. This State Implementation Plan revision request is approved
as it applies to Monsanto Chemical Group's Sauget Facility.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 211: Definitions and General Provisions, Subpart B;
Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780
Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary
Product, amended at 19 Ill. Reg. 6823, effective May 9, 1995.
(B) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart Q: Synthetic Organic Chemical and
Polymer Manufacturing Plant, Sections 219.431 Applicability, 219.432
Control Requirements, 219.433 Performance and Testing Requirements,
219.434 Monitoring Requirements, 219.435 Recordkeeping and Reporting
Requirements, 219.436 Compliance Date, 219.Appendix G, TRE Index
Measurement for SOCMI Reactors and Distillation Units, amended at 19
Ill. Reg. 6958, effective May 9, 1995.
(139) On September 8, 1997, the State of Illinois submitted
tightened volatile organic material rules for cold cleaning degreasing
operations in the Chicago and the Metro-East ozone nonattainment areas.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 211: Definitions and General Provisions, Subpart B:
Definitions, Section 211.1885, amended at 21 Ill. 7695, effective June
9, 1997.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart E: Solvent Cleaning, Section 218.182,
amended at 21 Ill. 7708, effective June 9, 1997.
(C) Part 219: Organic Material Emissions Standards and Limitations
for the Metro-East Area, Subpart E: Solvent Cleaning, Section 219.182,
amended at 21 Ill. 7721, effective June 9, 1997.
(140) On March 5, 1998, the State of Illinois submitted amended
rules for the control of volatile organic material emissions from wood
furniture coating operations in the Chicago and Metro-East (East St.
Louis) ozone nonattainment areas, as a requested revision to the ozone
State Implementation Plan. This plan was submitted to meet the Clean Air
Act requirement for States to adopt Reasonably Available Control
Technology rules for sources that are covered by Control Techniques
Guideline documents.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 211: Definitions and General Provisions, Subpart B;
Definitions, 211.1467 Continuous Coater, 211.1520 Conventional Air
Spray, 211.6420 Strippable Spray Booth Coating, 211.7200 Washoff
Operations, amended at 22 Ill. Reg. 3497, effective February 2, 1998.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart F: Coating Operations 218.204 Emission
Limitations, 218.205 Daily-weighted Average Limitations, 218.210
Compliance Schedule, 218.211 Recordkeeping and Reporting, 218.215 Wood
Furniture Coating Averaging Approach, 218.216 Wood Furniture Coating
Add-On Control Use, 218.217 Wood Furniture Coating Work Practice
Standards, amended at 22 Ill. Reg. 3556, effective February 2, 1998.
[[Page 398]]
(C) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart F: Coating Operations 219.204 Emission
Limitations, 219.205 Daily-weighted Average Limitations, 219.210
Compliance Schedule, 219.211 Recordkeeping and Reporting, 219.215 Wood
Furniture Coating Averaging Approach, 219.216 Wood Furniture Coating
Add-On Control Use, 219.217 Wood Furniture Coating Work Practice
Standards, amended at 22 Ill. Reg. 3517, effective February 2, 1998.
(141) On November 14, 1995, May 9, 1996, June 14, 1996, and February
3, 1997, October 16, 1997, and October 21, 1997, the State of Illinois
submitted State Implementation Plan (SIP) revision requests to meet
commitments related to the conditional approval of Illinois' May 15,
1992, SIP submittal for the Lake Calumet (SE Chicago), McCook, and
Granite City, Illinois, Particulate Matter (PM) nonattainment areas. The
EPA is approving the portion of the SIP revision request that applies to
the Granite City area. The SIP revision request corrects, for the
Granite City PM nonattainment area, all of the deficiencies of the May
15, 1992, submittal.
(i) Incorporation by reference. (A) Illinois Administrative Code
Title 35: Environmental Protection, Subtitle B: Air Pollution, Chapter
1: Pollution Control Board, Subchapter c: Emission Standards and
Limitations for Stationary Sources, Part 212: Visible and Particulate
Matter Emissions, Subpart A: General, Sections 212.107, 212.108,
212.109, 212.110; Subpart L: Particulate Matter from Process Emission
Sources, Section 212.324; Subpart N: Food Manufacturing, Section
212.362; Subpart Q: Stone, Clay, Glass and Concrete Manufacturing,
Section 212.425; Subpart R: Primary and Fabricated Metal Products and
Machinery Manufacture, Sections 212.446, 212.458; Subpart S:
Agriculture, Section 212.464. Adopted at 20 Illinois Register 7605,
effective May 22, 1996.
(B) Joint Construction and Operating Permit: Application Number
95010005, Issued on October 21, 1997, to Granite City Division of
National Steel Corporation.
(142) On May 5, 1995, and May 26, 1995, the State of Illinois
submitted State Implementation Plan revision requests for reactor
processes and distillation operations in the Synthetic Organic Chemical
Manufacturing Industry as part of the State's control measures for
Volatile Organic Material emissions for the Chicago and Metro-East (East
St. Louis) areas. This plan was submitted to meet the Clean Air Act
requirement for States to adopt Reasonably Available Control Technology
rules for sources that are covered by Control Techniques Guideline
documents.
(i) Incorporation by reference. Illinois Administrative Code, Title
35: Environmental Protection, Subtitle B: Air Pollution, Chapter I:
Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources.
(A) Part 211: Definitions and General Provisions, Subpart B;
Definitions, 211.980 Chemical Manufacturing Process Unit, 211.1780
Distillation Unit, 211.2365 Flexible Operation Unit, 211.5065 Primary
Product, amended at 19 Ill. Reg. 6823, effective May 9, 1995.
(B) Part 218: Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart Q: Synthetic Organic Chemical and Polymer
Manufacturing Plant, Sections 218.431 Applicability, 218.432 Control
Requirements, 218.433 Performance and Testing Requirements, 218.434
Monitoring Requirements, 218.435 Recordkeeping and Reporting
Requirements, 218.436 Compliance Date, 218.Appendix G, TRE Index
Measurement for SOCMI Reactors and Distillation Units, amended at 19
Ill. Reg. 6848, effective May 9, 1995.
(C) Part 219: Organic Material Emission Standards and Limitations
for the Metro East Area, Subpart Q: Synthetic Organic Chemical and
Polymer Manufacturing Plant, Sections 219.431 Applicability, 219.432
Control Requirements, 219.433 Performance and Testing Requirements,
219.434 Monitoring Requirements, 219.435 Recordkeeping and Reporting
Requirements, 219.436 Compliance Date, 219.Appendix G, TRE Index
Measurement for SOCMI Reactors and Distillation Units, amended at 19
Ill. Reg. 6958, effective May 9, 1995.
(143) [Reserved]
(144) On September 3, 1997, the Illinois Environmental Protection
Agency submitted a temporary, site specific
[[Page 399]]
State Implementation Plan revision request for the D.B. Hess Company,
Incorporated's (DB Hess) lithographic printing operations located in
Woodstock (McHenry County), Illinois. This variance took the form of a
March 20, 1997, Opinion and Order of the Illinois Pollution Control
Board issued in PCB 96-194 (Variance--Air). The variance which will
expire on March 30, 1999, grants DB Hess a variance from 35 Illinois
Administrative Code Sections 218.407(a)(1)(C),(D),(E) and 218.411(b)(1),
(2)and (3) for heatset web offset presses 3, 4, and 5 which are located
at the Woodstock (McHenry County), Illinois facility.
(i) Incorporation by reference.
(A) March 20, 1997, Opinion and Order of the Illinois Pollution
Control Board in PCB 96-194 (Variance--Air) which was effective on March
20, 1997 and expires on March 30, 1999.
(ii) The variance is subject to the following conditions (the dates
specified indicate the latest start dates of compliance periods
terminating on March 30, 1999, when presses 3, 4, and 5 must be replaced
by complying presses or must be brought into compliance with the rules
from which DB Hess seeks the variance):
(A) On or before March 20, 1997, the combined actual volatile
organic material (VOM) emissions from all of the presses in the
Woodstock plant shall not exceed 18 tons per year or 1.5 tons per month.
(B) On or before March 20, 1997, DB Hess shall use only cleaning
solutions with VOM concentrations less than or equal to 30 percent by
weight.
(C) On or before March 20, 1997, DB Hess shall use cleaning
solutions on presses 3, 4, and 5 that have a VOM composite partial vapor
pressure of less than 10 millimeters (mm) of Mercury (Hg) at 20 degrees
Celsius. These cleaning solutions must comply with the requirements of
35 IAC 218.407(a)(4).
(D) On or before March 20, 1997, DB Hess shall store and dispose of
all cleaning towels in closed containers.
(E) On or before May 5, 1997, DB Hess shall monitor presses 3, 4,
and 5 pursuant to 35 IAC 218.410 (b), (c), and (e).
(F) On or before May 5, 1997, DB Hess shall use fountain solutions
on presses 3, 4, and 5 that are less than 5 percent VOM by volume, as
applied, and which contain no alcohol.
(G) On or before May 5, 1997, DB Hess shall prepare and maintain
records pursuant to 35 IAC 218.411 (b), (c), and (d) for presses 3, 4,
and 5 and must show compliance with the requirements of 35 IAC
218.407(a)(1) (C), (D), and (E) and with the requirements of 35 IAC
218.411(b) (1), (2), and (3) for these presses.
(H) On or before May 5, 1997, DB Hess shall submit quarterly reports
to the Illinois Environmental Protection Agency's (IEPA's) Compliance
and Systems Management Section demonstrating compliance with the terms
of the Illinois Pollution Control Board Order.
(I) On or before March 30, 1998, DB Hess shall cease operation of
press 3.
(J) On or before March 30, 1999, DB Hess shall either:
(1) Cease operation of presses 4 and 5, and notify the IEPA of such
cessation; or
(2) Retrofit presses 4 and 5 or replace presses 4 and 5 in
compliance with 35 IAC 218.407 (a)(1) (C), (D), and (E) and with 35 IAC
218.411(b) (1), (2), and(3). In this case:
(i) DB Hess must apply for and obtain necessary construction permits
by March 30, 1998, or six months before retrofitting or replacing
presses 4 and 5, whichever is earlier.
(ii) DB Hess must send monthly status reports, due the 15th day of
each month, to the IEPA, covering the progress of the installation of
the presses and control equipment and testing of the control equipment.
(K) On or before March 30, 1999, DB Hess shall cease operations at
presses 3, 4, and 5 except for those presses for which it has obtained
permits and installed controls, which have been tested and demonstrated
to be in compliance with applicable rules.
(145) On September 16, 1998, the State of Illinois submitted
amendments to Volatile Organic Material (VOM) rules affecting Illinois'
ozone attainment area (the area of the State not including the Chicago
and Metro-East ozone nonattainment areas). The amendments contain
various deletions of obsolete provisions, changes of some word usage to
comport Part 215 with other
[[Page 400]]
Illinois VOM regulations, and the addition of certain exemptions from
VOM coating requirements.
(i) Incorporation by reference.
Illinois Administrative Code, Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources.
(A) Part 215: Organic Material Emission Standards and Limitations;
Subpart A: General Provisions, 215.104 Definitions, 215.109 Monitoring
for Negligibly-Reactive Compounds; Subpart F: Coating Operations,
215.204 Emission Limitations for Manufacturing Plants, 215.205
Alternative Emission Limitations, 215.206 Exemptions from Emission
Limitations, 215.207 Compliance by Aggregation of Emissions Units,
215.211 Compliance Dates and Geographical Areas, 215.212 Compliance
Plan, and 215.214 Roadmaster Emissions Limitations (Repealed); Subpart
Z: Dry Cleaners, 215.601 Perchloroethylene Dry Cleaners(Repealed),
215.602 Exemptions (Repealed), 215.603 Leaks (Repealed), 215.604
Compliance Dates and Geographical areas (Repealed), 215.605 Compliance
Plan (Repealed), and 215.606 Exception to Compliance Plan (Repealed),
amended at 22 Ill. Reg. 11427, effective June 19, 1998.
(146) On February 13, 1998, the Illinois Environmental Protection
Agency (IEPA) submitted a revision to the Illinois State Implementation
Plan (SIP). This revision amends certain sections of the Clean-Fuel
Fleet Program (CFFP) in the Chicago ozone nonattainment area to reflect
that fleet owners and operators will have an additional year to meet the
purchase requirements of the CFFP. The amendment changes the first date
by which owners or operators of fleets must submit annual reports to
IEPA from November 1, 1998 to November 1, 1999. In addition, this
revision corrects two credit values in the CFFP credit program.
(i) Incorporation by reference.
(A) 35 Illinois Administrative Code 241; Sections 241.113, 241.130,
241.140, 241.Appendix B.Table A, 241.Appendix B.Table D adopted in R95-
12 at 19 Ill. Reg. 13265, effective September 11, 1995; amended in R98-
8, at 21 Ill. Reg. 15767, effective November 25, 1997.
(ii) Other material.
(A) February 13, 1998, letter and attachments from the Illinois
Environmental Protection Agency's Bureau of Air Chief to the United
States Environmental Protection Agency's Regional Air and Radiation
Division Director submitting Illinois' amendments to the Clean Fuel
Fleet regulations as a revision to the ozone State Implementation Plan.
(147) On June 21, 1997, and December 9, 1998, the State of Illinois
submitted regulations adopted by the Illinois Pollution Control Board
and the Illinois Environmental Protection Agency and legislation adopted
by the General Assembly and signed by the Governor related to Illinois'
vehicle inspection and maintenance (I/M) program. The purpose of these
submittals was to change the existing program from a basic I/M program
to a fully enhanced I/M program. These changes modify the program in
both the Chicago and Saint Louis (Illinois Portion) Ozone nonattainment
areas.
(i) Incorporation by reference.
(A) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter k: Emission Standards and Limitations for Mobile
sources, Part 240 Mobile Sources, Except for Section 240. Table C.
Adopted at 22 Ill. Reg. 13723, effective July 13, 1998.
(B) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter I: Pollution Control
Board, Subchapter k: Emission Standards and Limitations for Mobile
sources, Part 240 Mobile Sources, Section 240. Table C. Corrected at 22
Ill. Reg. 21120, effective July 13, 1998.
(C) Illinois Administrative Code, Title 35: Environmental
Protection, Subtitle B: Air Pollution, Chapter II: Environmental
Protection Agency, Part 276 Procedures to be Followed in the Performance
of Inspections of Motor Vehicle Emissions. Amended at 22 Ill. Reg.
18867, effective September 28, 1998.
(ii) Other materials.
[[Page 401]]
(A) Transmittal letters dated June 21, 1997, and December 9, 1998.
(B) Public Act 90-475, effective August 17, 1997. This Act amends
the Illinois Environmental Protection Act by changing Sections 3.32,
3.78, 21, and 22.15 and adding Sections 3.78a and 22.38.
(148) On October 13, 1998, the State of Illinois submitted a site-
specific State Implementation Plan (SIP) revision affecting Volatile
Organic Material controls at Central Can Company (CCC), located in
Chicago, Illinois. The SIP revision allows CCC to apply can coating
control rules to pail coating operations limited to certain conditions.
(i) Incorporation by reference. August 6, 1998, Opinion and Order of
the Illinois Pollution Control Board, AS 94-18, effective July 1, 1991.
(149) On September 17, 1998, the Illinois Environmental Protection
Agency submitted a site specific State Implementation Plan revision
request for W.R. Grace and Company's facility, which manufactures
container sealants, lubricant fluids, and concrete additives, and is
located at 6050 West 51st Street in Chicago, Illinois (Cook County).
This rule revision is contained in R98-16, the July 8, 1998, Opinion and
Order of the Illinois Pollution Control Board, and consists of new
Section 218.940(h), which exempts W.R. Grace's facility from the control
requirements in 35 Illinois Administrative Code Part 218 Subpart QQ.
(i) Incorporation by reference.
Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emissions Standards and Limitations for Stationary
Sources, Part 218 Organic Material Emission Standards and Limitations
for the Chicago Area, Subpart QQ: Miscellaneous Formulation
Manufacturing Processes, Section 218.940 Applicability, paragraph (h)
which was amended in R98-16 at 22 Ill. Reg. 14282, effective July 16,
1998.
(150) On November 14, 1995, May 9, 1996, June 14, 1996, February 1,
1999, and May 19, 1999, the State of Illinois submitted State
Implementation Plan (SIP) revision requests to meet commitments related
to the conditional approval of Illinois' May 15, 1992, SIP submittal for
the Lake Calumet (Southeast Chicago), McCook, and Granite City,
Illinois, Particulate Matter (PM) nonattainment areas. The EPA is
approving the SIP revision request as it applies to the Lake Calumet
area. The SIP revision request corrects, for the Lake Calumet PM
nonattainment area, all of the deficiencies of the May 15, 1992,
submittal.
(i) Incorporation by reference.
(A) Illinois Administrative Code Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter c: Emission Standards and Limitations for Stationary Sources,
Part 212: Visible and Particulate Matter Emissions, Subpart A: General,
Section 212.113; Subpart E: Particulate Matter from Fuel Combustion
Sources, Section 212.210; Subpart K: Fugitive Particulate Matter,
Sections 212.302, 212.309, and 212.316. Adopted at 20 Illinois Register
7605, effective May 22, 1996.
(B) Federally Enforceable State Operating Permit--Special:
Application Number 98120091, Issued on May 14, 1999, to LTV Steel
Company, Inc.
(151) On July 23, 1998, the State of Illinois submitted a State
Implementation Plan (SIP) revision that included certain ``clean-up''
amendments to the State's permitting rules.
(i) Incorporation by reference.
Illinois Administrative Code, Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board.
(A) Subchapter A: Permits and General Provisions, Part 201: Permits
and General Provisions.
(1) Subpart D: Permit Applications and Review Process, Section
201.152 Contents of Application for Construction Permit, 201.153
Incomplete Applications (Repealed), Section 201.154 Signatures
(Repealed), Section 201.155 Standards for Issuance (Repealed), Section
201.157 Contents of Application for Operating Permit, Section 201.158
Incomplete Applications, Section 201.159 Signatures, 201.160 Standards
for Issuance, Section 201.162 Duration, Section 201.163 Joint
Construction and Operating Permits, and Section 201.164 Design Criteria.
Amended at 22 Ill. Reg. 11451, effective June 23, 1998.
[[Page 402]]
(2) Subpart E: Special Provisions for Operating Permits for Certain
Smaller Sources, Section 201.180 Applicability (Repealed), Section
201.181 Expiration and Renewal (Repealed), Section 201.187 Requirement
for a Revised Permit (Repealed), Repealed at 22 Ill. Reg. 11451,
effective June 23, 1998.
(3) Subpart F: CAAPP Permits, Section 201.207 Applicability, Amended
at 22 Ill. Reg. 11451, effective June 23, 1998.
(152) On February 5, 1998, the Illinois Environmental Protection
Agency submitted a requested revision to the Illinois State
Implementation Plan. This revision provided additional exemptions from
State of Illinois permit requirements codified by the State at Part 201
of Title 35 of the Illinois Administrative Code (35 IAC Part 201). The
revision also added a definition of ``Feed Mill'' to Part 211 of 35 IAC
(35 IAC Part 211).
(i) Incorporation by reference.
Illinois Administrative Code, Title 35: Environmental Protection,
Subtitle B: Air Pollution, Chapter I: Pollution Control Board,
Subchapter C: Emission Standards and Limitations for Stationary Sources.
(A) Part 211 Definitions and General Provisions, Subpart B:
Definitions, Section 211.2285 Feed Mill. Added at 21 Ill. Reg. 7856,
effective June 17, 1997.
(B) Part 201 Permits and General Conditions, Subpart C:
Prohibitions, Section 201.146 Exemptions from State Permit Requirements.
Amended at 21 Ill. Reg. 7878, effective June 17, 1997.
(153) On July 9, 1999, the State of Illinois submitted a site-
specific State Implementation Plan (SIP) revision affecting Volatile
Organic Material control requirements at Sun Chemical Corporation (Sun)
in Northlake, Illinois. The SIP revision changes requirements for 17
resin storage tanks operated by Sun. Specifically, the SIP revision
exempts the 17 tanks from the bottom or submerged fill pipe
requirements, provided that no odor nuisance exists at the Sun Northlake
facility, and that the vapor pressures of materials stored in the tanks
remain less the 0.5 pounds per square inch absolute at 70 degrees
Fahrenheit.
(i) Incorporation by reference.
May 20, 1999, Opinion and Order of the Illinois Pollution Control
Board, AS 99-4, effective May 20, 1999.
(155) On May 21, 1999, the Illinois Environmental Protection Agency
submitted a temporary, site-specific revision to the State
Implementation Plan (SIP) for sulfur dioxide (SO2) for the
Central Illinois Light Company's E.D. Edwards Generating Station in
Peoria County, Illinois (CILCO Edwards). The SIP revision took the form
of an April 15, 1999, Opinion and Order of the Illinois Pollution
Control Board (PCB 99-80, Variance-Air). In this Opinion and Order, the
IPCB granted CILCO Edwards a variance from 35 Illinois Administrative
Code 214.141, and provided for a relaxation in the fuel quality limit
for one of the facility's three boilers, but added an overall fuel
quality limit and retained an overall SO2 emissions cap for
the three CILCO Edwards boilers. The variance will expire on February
28, 2002, unless CILCO applies to Illinois for a permanent SIP revision.
(i) Incorporation by Reference
An April 15, 1999, Opinion and Order of the Illinois Pollution
Control Board in PCB 99-80 (Variance-Air), granting a variance from 35
IAC 214.141 for Boiler No. 2 at the Central Illinois Light Company's
E.D. Edwards Generating Station near Peoria, Illinois. The variance
expires on February 28, 2002, unless CILCO applies to Illinois for a
permanent SIP revision. If CILCO applies for a permanent SIP revision,
and the IPCB allows CILCO Edwards' variance to continue unamended
through July 31, 2003, as stated in the Opinion and Order, then federal
approval of the variance will continue until EPA approves alternate
SO2 limits for CILCO Edwards, or until July 31, 2003,
whichever is earlier.
[37 FR 10862, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.720, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Effective Date Note: At 66 FR 32774, June 18, 2001, Sec. 52.720 was
amended by adding paragraph (c)(156), effective July 18, 2001. For the
convenience of the user, the added text follows:
[[Page 403]]
Sec. 52.720 Identification of plan.
* * * * *
(c) * * *
(156) On May 8, 2001, the State submitted rules to control Oxides of
Nitrogen emissions from electric generating units.
(i) Incorporation by reference. Title 35: Environmental Protection;
Subtitle B: Air Pollution; Chapter I: Pollution Control Board;
Subchapter C: Emission Standards and Limitations for Stationary Sources;
Part 217 Nitrogen Oxides Emissions; Subpart V: Electric Power
Generation. Adopted at 25 Ill. Reg. 5914, effective April 17, 2001.
Sec. 52.721 Classification of regions.
The Illinois plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Burlington-Keokuk Interstate.............................. I I III III III
East Central Illinois Intrastate.......................... III II III III III
Metropolitan Chicago Interstate (Indiana-Illinois)........ I I I I I
Metropolitan Dubuque Interstate........................... I III III III III
Metropolitan Quad Cities Interstate....................... I III III III III
Metropolitan St. Louis Interstate (Missouri-Illinois)..... I I III I I
North Central Illinois Intrastate......................... II IA III III III
Paducah (Kentucky)-Cairo (Illinois) Interstate............ I II III III III
Rockford (Illinois)-Janesville-Beloit (Wisconsin) II III III III III
Interstate...............................................
Southeast Illinois Intrastate............................. III II III III III
West Central Illinois Intrastate.......................... I IA III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10862, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 45
FR 11493, Feb. 21, 1980]
Sec. 52.722 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approved Illinois' 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 submittal of 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.
(b) The Administrator finds that the transportation control plans
for the East St. Louis and Chicago areas submitted on December 3, 1982,
satisfy the related requirements of part D, title I of the Clean Air
Act, as amended in 1977.
(c) The Administrator finds that the carbon monoxide control
strategy submitted on May 4, 1983, satisfies all requirements of part D,
title I of the Clean Air Act, as amended in 1977, except for section
172(b)(6).
[55 FR 40661, Oct. 4, 1990]
Sec. 52.723 [Reserved]
Sec. 52.724 Control strategy: Sulfur dioxide.
(a) Part D--Conditional Approval--The Illinois plan is approved
provided that the following condition is satisfied:
(1) The plan includes a reanalysis of the Pekin, Illinois area, a
submittal of the analysis results to USEPA, the proposal of any
additional regulations to the Illinois Pollution Control Board necessary
to insure attainment and maintenance of the sulfur dioxide standard, and
the promulgation of any necessary regulations. The State must complete
the reanalysis, submit the results to USEPA and submit any necessary,
additional regulations to the Illinois Pollution Control Board by
September 30, 1980. Any necessary regulation must be finally promulgated
by the State and submitted to USEPA by September 30, 1981.
[[Page 404]]
(2) Extension of Condition--USEPA approves the date of July 1, 1984
for submitting the draft sulfur dioxide rule revisions and supporting
documentation as required in (a)(1) for Peoria, Hollis and Groveland
Townships in Illinois. The State must complete final rule adoption as
expeditiously as possible but no later than December 31, 1985.
(b) Part D--Disapproval--USEPA disapproves Rules 204(c)(1)(B), Rule
204(c)(1)(C), Rule 204(e)(1) and Rule 204(e)(2) for those sources for
which these rules represent a relaxation of the federally enforceable
State Implementation Plan. Rule 204(c)(1)(B), Rule 204(c)(1)(C), Rule
204(e)(1) and Rule 204(e)(2) are approved as not representing
relaxations of the State Implementation Plan for the following sources:
Sources of 10 Million Btu per Hour or More Not Increasing Allowable Sulfur Dioxide Emissions as a Result of
Record Rules 204(c) and 204(e) Because New Allowable Emissions Rate is Same as or Less Than Old Allowable Rate
Pounds per Hour (Pounds per Million Btu)
----------------------------------------------------------------------------------------------------------------
Emissions now
Emissions allowable
County Name formerly without new
allowable \1\ permit
application \2\
----------------------------------------------------------------------------------------------------------------
Boone...................................... Chrysler........................... 1,760 (4.4) 1,760 (4.4)
Champaign.................................. Chanute Air Base................... 1,317 (3.0) 1,317 (3.0)
Crawford................................... CIPS............................... 8,242 (5.1) 8,242 (5.1)
Douglas.................................... USI Chemicals...................... 8,022 (5.3) 8,022 (5.3)
Fulton..................................... Freeman Coal....................... 22.2 (1.2) 22.2 (1.2)
La Salle................................... Del Monte.......................... 296 (3.9) 296 (3.9)
Massac..................................... EEI Joppa.......................... 36,865 (3.6) 36,865 (3.6)
Montgomery................................. CIPS............................... 55,555 (5.8) 55,555 (5.8)
Morgan..................................... ......do........................... 24,000 (6.0) 20,800 (5.2)
Putnam..................................... Illinois Power..................... 17,051 (5.8) 17,051 (5.8)
Randolph................................... ......do \3\....................... 81,339 (4.6) 81,339 (4.6)
Rock Island................................ International Harvester............ 1,643 (4.35) 1,643 (4.35)
Williamson................................. Marion Correctional................ 396 (5.7) 396 (5.7)
----------------------------------------------------------------------------------------------------------------
\1\ 6.0 lbs/MMBTU of existing coal fired capacity or total 204(e)(2) emissions less actual oil fired and NSPS
emissions, whichever is lower.
\2\ Maximum allowable emissions for existing coal fired capacity according to revised rules 204(c) and 204(e)
consolidated, usually equally equalling total emissions as given by 204(e)(2) less actual oil fired NSPS
emissions. (In the one case wherein the new allowable limit is less than that given by 204(e)(2) the allowable
emissions were determined by 204(e)(1) with which the source is required to comply.)
\3\ Source is in compliance per 204(e)(3).
CIPS=Central Illinois Public Service.
EEI=Electric Energy Incorporated.
This disapproval does not in and of itself result in the growth
restrictions of section 110(a)(2)(1).
(c) Disapproval--USEPA disapproves Rule 204(e)(4) as not being
adequate to protect the NAAQS. This disapproval does not in and of
itself result in the growth restrictions of section 110(a)(2)(I).
(d) Disapproval--USEPA disapproves Rule 204(f)(1)(D) as completely
deregulating SO2 emissions from existing processes without
providing an assessment of the ambient air quality impact or a showing
that increasing the allowable emissions from these sources will not
cause or contribute to violations of the NAAQS or PSD increments. This
disapproval does not in and of itself result in the growth restrictions
of section 110(a)(2)(I).
(e) Disapproval--USEPA disapproves Rule 204(h) for those sources for
which USEPA has disapproved rules 204(c) and 204(e). This disapproval
does not in and of itself result in the growth restrictions of section
110(a)(2)(I).
(f) Approval--USEPA approves rule 204(e)(3) for those sources able
to show that the proposed emission rate will not cause or contribute to
a violation of the NAAQS. The State must submit these emission
limitations, along with the technical support to USEPA for approval.
[[Page 405]]
(g) Part D--Approval--The State plan for Alton Township, Madison
County, which consists of a federally Enforceable State Operating Permit
controlling sulfur dioxide emissions from the boilers and reheat
furnaces at Laclede Steel, which was submitted on November 18, 1993, is
approved.
(h) Approval--On November 10, 1994, the Illinois Environmental
Protection Agency submitted a sulfur dioxide redesignation request and
maintenance plan for Peoria and Hollis Townships in Peoria County and
Groveland Township in Tazewell County to redesignate the townships to
attainment for sulfur dioxide. The redesignation request and maintenance
plan meet the redesignation requirements in section 107(d)(3)(d) of the
Clean Air Act (Act) as amended in 1990.
[45 FR 62806, 62809, Sept. 22, 1980, as amended at 50 FR 5250, Feb. 7,
1985; 59 FR 18753, Apr. 20, 1994; 60 FR 17001, Apr. 4, 1995]
Sec. 52.725 Control strategy: Particulates.
(a) [Reserved]
(b) Part D--Disapproval. (1) U.S. EPA disapproves the provisions of
Rule 203(f) which allow the use of an equivalent method without review
and approval of that method. Any source subject to Rule 203(f) which
chooses to use an equivalent method must have that equivalent method
submitted to U.S. EPA and approved as a SIP revision.
(2) U.S. EPA disapproves the following portions of Rule 203(d)(5)
which regulate the control of particulate matter from specific sources
within the iron and steel industry: Rule 205(d)(5)(B)(ii), Rule
205(d)(5)(B)(iii), Rule 205(d)(5)(D), and Rule 205(d)(5)(K).
(3) USEPA disapproves a proposed SIP revision submitted by the State
on May 12, 1982, in the form of a May 18, 1981 Consent Decree (Civil
Action 81-3009) to which USEPA, Illinois Environmental Protection Agency
and National Steel Corporation are parties and a draft Alternative
Control Strategy Permit. This submission was modified by the State,
September 30, 1982, with the submission of a separate document embodying
the elements of the Alternative Control Strategy. This separate document
was intended to become an enforceable part of the SIP.
(c) Approval--On September 28, 1988, the State of Illinois submitted
a committal SIP for particulate matter with an aerodynamic diameter
equal to or less than 10 micrometers (PM10) for the Illinois
Group II areas of concern in DuPage, Will, Rock Island, Macon, Randolph,
and St. Clair Counties. The committal SIP contains all the requirements
identified in the July 1, 1987, promulgation of the SIP requirements for
PM10 at 52 FR 24681.
(d) Approval--On June 2, 1995, and January 9, 1996, the State of
Illinois submitted a maintenance plan for the particulate matter
nonattainment portion of LaSalle County, and requested that it be
redesignated to attainment of the National Ambient Air Quality Standard
for particulate matter. The redesignation request and maintenance plan
satisfy all applicable requirements of the Clean Air Act.
(e) Approval--On March 19, 1996, and October 15, 1996, Illinois
submitted requests to redesignate the Granite City Particulate Matter
(PM) nonattainment area to attainment status for the PM National Ambient
Air Quality Standards (NAAQS), as well as a maintenance plan for the
Granite City area to ensure continued attainment of the NAAQS. The
redesignation request and maintenance plan satisfy all applicable
requirements of the Clean Air Act.
(f) On November 14, 1995, May 9, 1996, and June 14, 1996, the State
of Illinois submitted State Implementation Plan (SIP) revision requests
to meet commitments related to the conditional approval of Illinois' May
15, 1992, SIP submittal for the Lake Calumet (SE Chicago), McCook, and
Granite City, Illinois, Particulate Matter (PM) nonattainment areas. The
EPA is approving the SIP revision request as it applies to the McCook PM
nonattainment area. For the McCook PM nonattainment area, all of the
deficiencies of the May 15, 1992, submittal have been corrected.
(g) Approval--On May 5, 1992, November 14, 1995, May 9, 1996, June
14, 1996, February 3, 1997, October 16, 1997, October 21, 1997, February
1, 1999, and May 19, 1999, Illinois submitted SIP revision requests to
meet the Part D particulate matter (PM) nonattainment plan requirements
for the Lake Calumet,
[[Page 406]]
Granite City and McCook moderate PM nonattainment areas. The submittals
include federally enforceable construction permit, application number
93040047, issued on January 11, 1999, to Acme Steel Company. The part D
plans for these areas are approved.
[45 FR 11493, Feb. 21, 1980, as amended at 46 FR 44185, Sept. 3, 1981;
47 FR 26620, June 21, 1982; 48 FR 45246, Oct. 4, 1983; 49 FR 1905, Jan.
16, 1984; 55 FR 20266, May 16, 1990; 61 FR 41345, Aug. 8, 1996; 63 FR
11846, Mar. 11, 1998; 63 FR 47434, Sept. 8, 1998; 64 FR 37851, July 14,
1999]
Sec. 52.726 Control strategy: Ozone.
(a) Part D--Conditional Approval--The Illinois plan is approved
provided that the following conditions are satisfied:
(1) [Reserved]
(2) The State conducts a study to demonstrate that the 75 percent
overall control efficiency requirement in Rule 205(n) represents RACT,
submits the results of the study to USEPA, and submits any necessary
regulations representing RACT to the Illinois Pollution Control Board.
The State must comply with these conditions by February 28, 1981. Any
necessary regulations must be finally promulgated by the State and
submitted to USEPA by February 28, 1982.
(3) Extension of Condition--USEPA approves the date of July 31, 1984
for the State of Illinois to satisfy the condition of approval to the
ozone State Implementation Plan listed in paragraph (a)(2) of this
section.
(b) Disapproval--USEPA disapproves the compliance schedule in Rule
205(j) as it applies to loading rack controls for all emission sources
subject to Rule 205(b)(1), as approved by USEPA on May 31, 1972 which
were required to be in compliance by December 31, 1973. This disapproval
does not in and of itself result in the growth restrictions of section
110(a)(2)(I).
(c) Negative Declarations--Stationary Source Categories. The State
of Illinois has certified to the satisfaction of USEPA that no sources
are located in the nonattainment areas of the State which are covered by
the following Control Technique Guidelines:
(1) High density polyethylene and polypropylene manufacturers.
(2) Vegetable oil processing sources with volatile organic compound
emissions equal to or greater than 100 tons per year.
(d) Part D Disapproval--The Administrator finds that Illinois' ozone
plan for Cook, Lake, DuPage and Kane Counties, which was required to be
submitted by July 1, 1982, does not satisfy all the requirements of Part
D, Title I of the Clean Air Act and, thus, is disapproved. No major new
stationary source, of major modification of a stationary source, or
volatile organic compounds may be constructed in Cook, Lake, DuPage or
Kane Counties, unless the construction permit application is complete on
or before November 16, 1988. This disapproval does not affect USEPA's
approval (or conditional approval) of individual parts of Illinois'
ozone plan, and they remain approved.
(e) Disapproval--The Administrator finds that the following State
rules have not been demonstrated to be consistent with the reasonably
available control technology requirements of section 172 of the Clean
Air Act, as amended in 1977, and thus, are disapproved: subpart F,
section 215.204(c); subpart F, section 215.206(b); subpart F, section
215.204(j)(4); subpart I; subpart AA; subpart PP; subpart QQ; subpart
RR; subpart A, section 215.102; subpart T; subpart H, section 215.245;
subpart F, section 215.207; and subpart A, section 215.107, all of title
35; Environmental Protection; subtitle B: Air Pollution; Chapter 1:
Pollution Control Board of the Illinois Administrative Code (June 1989).
(f) On September 30, 1992, the State submitted rules regulating
volatile organic compound emissions from gasoline dispensing facilities'
motor vehicle fuel operations (Stage II vapor recovery rules) in the
Chicago ozone nonattainment area. The Illinois Environmental Protection
Agency Bureau of Air must as part of the program conduct inspections of
facilities subject to this rule to ensure compliance with the applicable
rules. These inspections will be conducted on an annual basis or an
alternative schedule as approved in the USEPA Fiscal Year Inspection
Program Plan.
[[Page 407]]
(g) Approval--The Administrator approves the incorporation of the
photochemical assessment ambient monitoring system submitted by Illinois
on November 4, 1993, into the Illinois State Implementation Plan. This
submittal satisfies 40 CFR 58.20(f) which requires the State to provide
for the establishment and maintenance of photochemical assessment
monitoring stations (PAMS) by November 12, 1993.
(h) Approval--On November 12, 1993, the Illinois Environmental
Protection Agency submitted an ozone redesignation request and
maintenance plan for Jersey County ozone nonattainment area and
requested that Jersey County be redesignated to attainment for ozone.
The redesignation request and maintenance plan meet the redesignation
requirements in section 107(d)(3)(d) of the Act. The redesignation meets
the Federal requirements of section 182(a)(1) of the Clean Air Act as a
revision to the Illinois ozone State Implementation Plan for Jersey
County.
(i) The base year (1990) ozone emission inventory requirement of
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been
satisfied for the following Illinois ozone nonattainment areas: the
Chicago nonattainment area--Cook, DuPage, Kane, Lake, Will and McHenry
Counties, Aux Sable and Gooselake Townships in Grundy County, and Oswego
Township in Kendall County; the Metro-East St. Louis nonattainment
area--Madison, Monroe, and St. Clair Counties; and Jersey County.
(j) Approval--On July 14, 1994, Illinois submitted two of three
elements required by section 182(d)(1)(A) of the Clean Air Amendments of
1990 to be incorporated as part of the vehicle miles traveled (VMT)
State Implementation Plan intended to offset any growth in emissions
from a growth in vehicle miles traveled. These elements are the
offsetting of growth in emissions attributable to growth in VMT which
was due November 15, 1992, and, transportation control measures (TCMs)
required as part of Illinois' 15 percent reasonable further progress
(RFP) plan which was due November 15, 1993. Illinois satisfied the first
requirement by projecting emissions from mobile sources and
demonstrating that no increase in emissions would take place. Illinois
satisfied the second requirement by submitting the TCMs listed in Table
1 which are now approved into the Illinois SIP.
Table 1
----------------------------------------------------------------------------------------------------------------
SIP
Project type Location description Completion status credit
VOC tpd
----------------------------------------------------------------------------------------------------------------
RS/SIG MOD........................... Madison Street (Western Ave. to Done.................. 0.015400
Halsted Street).
SIG COORD............................ Willow Road (Landwer Road to Shermer). Awarded............... 0.052000
SIG COORD............................ Rand Road (Baldwin Road to Kennicott). Awarded............... 0.052000
SIG COORD............................ Northwest Hwy (Potter Road to Awarded............... 0.030000
Cumberland Avenue).
SIGS/SIG COORD....................... 159th Street (US 45 to 76th Ave & at Awarded............... 0.030000
91st Avenue).
SIG COORD............................ Harlem Ave. (71st St. to 92nd)........ Awarded............... 0.052000
SIG COORD............................ Harlem Ave. (99th Street to 135th St.) Awarded............... 0.052000
RECONST/SIGS/LTS..................... Archer Ave. (88th Ave to 65th St.).... Awarded............... 0.030000
SIG COORD............................ Ogden Ave. (N. Aurora Road to Naper Awarded............... 0.030000
Boulevard).
SIG COORD............................ North Ave. (Tyler to Kautz)........... Awarded............... 0.030000
SIG COORD............................ Higgens Road (Il 72 at Il 31)......... Awarded............... 0.030000
SIG COORD............................ Sheridan Road (Il 173 to Wadsworth)... Awarded............... 0.030000
SIG COORD............................ Lagrange Road (Belmont to Lake St.)... Awarded............... 0.030000
SIG COORD............................ Dundee Road (Sanders Road to Skokie Awarded............... 0.052000
Valley Road).
SIG COORD............................ Dundee Road (Buffalo Grove Road to Il Awarded............... 0.030000
21).
INT IMP/SIG COORD.................... Golf Road (E. River Road to Washington Awarded............... 0.052000
Ave.).
SIG COORD............................ Golf Road (Barrington to Roselle Road) Awarded............... 0.030000
SIG COORD............................ Higgins Road (Barrington to Roselle Awarded............... 0.030000
Road).
SIG COORD............................ Joe Orr Road (Vincennes Ave. to Il 1). Awarded............... 0.030000
----------------------------------------------------------------------------------------------------------------
Table 1
----------------------------------------------------------------------------------------------------------------
Project type Location description Completion status SIP credit
----------------------------------------------------------------------------------------------------------------
SIG COORD/RS.......................... Crawford Ave. (93rd Street to 127th Awarded 0.052000
Street).
SIG COORD............................. IL 53 (Briarcliff to South of I-55).... Done 0.030000
[[Page 408]]
SIG COORD............................. Ogden Ave. (Oakwood Avenue to Fairview Awarded 0.019000
Avenue).
SIG COORD............................. US 14 (Rohlwing Road to Wilke Road).... Awarded 0.030000
SIG COORD............................. US 30 (At Cottage Grove, Ellis St)..... Awarded 0.030000
SIG COORD............................. IL 53 (Modonough to Mills)............. Done 0.030000
SIG CONN.............................. Ogden Ave. (IL 43 to 31st Street)...... Awarded 0.013000
SIG CONN.............................. US 12 (Long Grove--Hicks Road)......... Awarded 0.055200
SIG CONN.............................. North Ave. (Oak Park to Ridgeland)..... Awarded 0.007000
SIG CONN.............................. Roosevelt Road (Westchester Bl--IL 43). Awarded 0.137000
SIG CONN.............................. Depster St (Keeler to Crawford Ave.)... Awarded 0.010000
SIG CONN.............................. Arlington Hgts Rd. (Thomas to Central). Awarded 0.044000
SIG CONN.............................. Palatine Rd. (Shoenbeck to Wolf Roads). Awarded 0.042500
SIG CONN.............................. Western Ave. (US 30--Lakewood)......... Awarded 0.018900
RS/INT IMP............................ North Ave. (I-290 to IL 43)............ Awarded 0.056100
INT IMP............................... Plum Grove Rd. (At Higgins Road)....... Awarded 0.010700
INT IMP............................... St Street (At Illinois)................ Awarded 0.002700
RS/SIG MOD/INT IMP.................... Illinois/Grand (Kingsbury to Lake Shore Done 0.004200
Drive).
ADD TURN LANES........................ York Rd. (Industrial to Grand Ave.).... Done 0.003800
SERVICE IMP........................... SW Route Lane Service.................. Scheduled 0.005516
SIG INTCONN........................... Washington Street...................... Scheduled 0.030370
SIG INTCONN........................... IL 59.................................. Scheduled 0.068650
ENGR.................................. Citywide--Naperville................... ................... 0.086230
SIG INTCONN........................... Washington Street...................... Scheduled 0.008230
SIG INTCONN........................... Lewis Ave. (Yorkhousse to ILL 173)..... Scheduled 0.034600
SIG INTCONN........................... Schaumberg Rd. (Barrington to Scheduled 0.078080
Martingale).
Vanpool Program (94 vehicles)......... Region-Wide Suburban................... Done 0.134000
Transp. Center........................ North West Cook County................. Done 0.032835
Transp. Center........................ Sears T.F.............................. Done 0.005805
Station............................... Clark/Lake............................. Done 0.010000
Station Recon......................... 18 Th Douglas Line..................... Done 0.001500
Station Recon......................... Linden................................. Done 0.001500
Station Recon......................... Cottage Grove.......................... Done 0.001300
Com. Pkg.............................. Lisle.................................. Done 0.010177
Com. Pkg.............................. Jefferson Park......................... Done 0.000110
Com. Pkg.............................. Edison Park............................ Done 0.003614
Com. Pkg.............................. Palatine............................... Done 0.004336
Com. Pkg.............................. Central Street......................... Done 0.000519
Com. Pkg.............................. Palatine............................... Done 0.004890
Com. Pkg.............................. Crystal Lake........................... Done 0.034948
Com. Pkg.............................. 137Th/Riverdale........................ Done 0.004565
Com. Pkg.............................. River Forest........................... Done 0.000289
Com. Pkg.............................. 115Th/Kensington....................... Done 0.002795
Com. Pkg.............................. 119Th St............................... Done 0.004483
Com. Pkg.............................. Wilmette............................... Done 0.001587
Com. Pkg.............................. 111Th St............................... Done 0.000507
Com. Pkg.............................. Edison Park............................ Done 0.002371
Com. Pkg.............................. Joliet................................. Done 0.003967
Com. Pkg.............................. Hanover Park........................... Done 0.021799
Com. Pkg.............................. Bartlett............................... Done 0.008911
Com. Pkg.............................. Chicago Ridge.......................... Done 0.002159
Com. Pkg.............................. 103 Rd St.............................. Done 0.000675
Com. Pkg.............................. Elmhurst............................... Done 0.003857
Com. Pkg.............................. Bartlett............................... Done 0.009326
Com. Pkg.............................. Morton Grove........................... Done 0.001444
Com. Pkg.............................. Palatine............................... Done 0.003598
Com. Pkg.............................. Harvard................................ Done 0.006299
Com. Pkg.............................. Willow Springs......................... Done 0.001200
Com. Pkg.............................. Edgebrook.............................. Done 0.002240
Com. Pkg.............................. Bensenville............................ Done 0.002010
Com. Pkg.............................. Hanover Park........................... Done 0.015020
Com. Pkg.............................. Midlothian............................. Done 0.002570
Com. Pkg.............................. Route 59............................... Done 0.025020
Com. Pkg.............................. Lake Forest (West)..................... Done 0.013780
Com. Pkg.............................. Lombard................................ Done ..........
Com. Pkg.............................. Elmhurst............................... Done 0.001010
Com. Pkg.............................. Woodstock.............................. Done 0.019000
Com. Pkg.............................. University Park........................ Done 0.019950
Com. Pkg.............................. Grayslake.............................. Done 0.006210
Com. Pkg.............................. Oak Forest............................. Done 0.004260
Com. Pkg.............................. 91 St St............................... Done 0.003380
Com. Pkg.............................. Lockport............................... Done 0.007360
Com. Pkg.............................. Ravenswood............................. Done 0.000130
[[Page 409]]
Com. Pkg.............................. Hickory Creek.......................... Done 0.060140
Com. Pkg.............................. Cary................................... Done 0.005980
Com. Pkg.............................. Blue Island............................ Done 0.019430
Com. Pkg.............................. Lemont................................. Done 0.016200
Com. Pkg.............................. Itasca................................. Done 0.003860
Com. Pkg.............................. Maywood................................ Done 0.000600
Com. Pkg.............................. Ivanhoe................................ Done 0.001960
Com. Pkg.............................. Ravinia................................ Done 0.003210
Com. Pkg.............................. Fox River Grove........................ Done 0.025170
Com. Pkg.............................. Medinah................................ Done 0.012250
Com. Pkg.............................. Hanover Park........................... Done 0.011840
Com. Pkg.............................. Worth.................................. Done 0.003530
Com. Pkg.............................. Roselle................................ Done 0.007710
Com. Pkg.............................. Crystal Lake........................... Done 0.015050
Com. Pkg.............................. Gresham................................ Done 0.000300
Com. Pkg.............................. Barrington............................. Done 0.002420
Rideshare Prog........................ Regionwide............................. Scheduled 0.040000
Rapid Transit Service................. Midway Airport......................... Done 0.220000
Transp. Center........................ Deerfield Lake-Cook.................... Done 0.004160
Station Recon......................... Davis St............................... Done 0.004000
Station Recon......................... Addison................................ Done 0.004000
Station Recon......................... King Drive............................. Done 0.003000
Station Recon......................... Washington/Wells....................... Done 0.003000
Com. Pkg.............................. Cary................................... Done 0.027910
Com. Pkg.............................. Morton Grove........................... Done 0.002460
Com. Pkg.............................. 80th Ave............................... Scheduled 0.043200
Com. Pkg.............................. Round Lake............................. Done 0.015150
Com. Pkg.............................. Grayslake.............................. Done 0.009170
Com. Pkg.............................. Ingleside.............................. Scheduled 0.005430
Com. Pkg.............................. Schamburg.............................. Scheduled 0.042090
Com. Pkg.............................. Oak Forest............................. Scheduled 0.004680
Com. Pkg.............................. Lake Cook.............................. Scheduled 0.026390
Com. Pkg.............................. Grayslake.............................. Scheduled 0.035290
----------------------------------------------------------------------------------------------------------------
(k) 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 Illinois portion of the Chicago-Gary-Lake
County severe ozone nonattainment area as requested by the States of
Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal.
This approval does not cover the exemption of NOX
transportation conformity requirements of section 176(c) for this area.
Approval of these exemptions is contingent on the results of the final
ozone attainment demonstration expected to be submitted in mid-1997. The
approval will be modified if the final attainment demonstration
demonstrates that NOX emission controls are needed in the
nonattainment area to attain the ozone standard in the Lake Michigan
Ozone Study modeling domain.
(l) Approval--The United States Environmental Protection Agency is
approving under section 182(b)(1) of the Clean Air Act the exemption of
the Chicago severe, ozone nonattainment area from the build/no-build and
less than-1990 interim transportation conformity oxides of nitrogen
requirements as requested by the State of Illinois in a June 20, 1995
submittal. In light of the modeling completed thus far and considering
the importance of the OTAG process and attainment plan modeling efforts,
USEPA grants this NOX waiver on a contingent basis. As the
OTAG modeling results and control recommendations are completed in 1996,
this information will be incorporated into attainment plans being
developed by the LADCO States. When these attainment plans are submitted
to USEPA in mid-1997, these new modeling analyses will be reviewed to
determine if the NOX waiver should be continued, altered, or
removed. USEPA's rulemaking action to reconsider the initial
NOX waiver may occur simultaneously with rulemaking action on
the attainment plans. The
[[Page 410]]
USEPA also reserves the right to require NOX emission
controls for transportation sources under section 110(a)(2)(D) of the
Act if future ozone modeling demonstrates that such controls are needed
to achieve the ozone standard in downwind areas. The Chicago severe
ozone nonattainment area includes the Counties of Cook, DuPage, Grundy
(Aux Sable and Gooselake Townships), Kane, Kendall (Oswego Township),
Lake, McHenry, and Will.
(m) [Reserved]
(n) Negative declaration-- Shipbuilding and ship repair industry. On
October 11, 1996, the State of Illinois certified to the satisfaction of
the United States Environmental Protection Agency that no major sources
categorized as part of the shipbuilding and ship repair industry are
located in the Chicago, Illinois ozone nonattainment area which is
comprised of Cook, DuPage, Kane, Lake, McHenry, Will Counties and Aux
Sable and Goose Lake Townships in Grundy County and Oswego Township in
Kendall County or the Metro-East, Illinois ozone nonattainment area
which is comprised of Madison, Monroe, and St. Clair Counties.
(o) Negative declaration-- Aerospace manufacturing and rework
industry. On October 11, 1996, the State of Illinois certified to the
satisfaction of the United States Environmental Protection Agency that
no major sources categorized as part of the Aerospace Manufacturing and
Rework Industry are located in the Chicago, Illinois ozone nonattainment
area which is comprised of Cook, DuPage, Kane, Lake, McHenry, Will
Counties and Aux Sable and Goose Lake Townships in Grundy County and
Oswego Township in Kendall County or the Metro-East, Illinois ozone
nonattainment area which is comprised of Madison, Monroe, and St. Clair
Counties.
(p) Approval--On November 15, 1993, Illinois submitted 15 percent
rate-of-progress and 3 percent contingency plans for the Chicago ozone
nonattainment area as a requested revision to the Illinois State
Implementation Plan. These plans satisfy sections 182(b)(1), 172(c)(9),
and 182(c)(9) of the Clean Air Act, as amended in 1990.
(q) Approval--On November 15, 1993, Illinois submitted 15 percent
rate-of-progress and 3 percent contingency plans for the Metro-East St.
Louis ozone nonattainment area as a requested revision to the Illinois
State Implementation Plan. These plans satisfy sections 182(b)(1) and
172(c)(9) of the Clean Air Act, as amended in 1990.
(r) Approval--On November 15, 1993, Illinois submitted the following
transportation control measures as part of the 15 percent rate-of-
progress and 3 percent contingency plans for the Metro-East ozone
nonattainment area: Work trip reductions; transit improvements; and
traffic flow improvements.
(s) On October 10, 1997, Illinois submitted a site-specific revision
to the State Implementation Plan, in the form of a letter from Bharat
Mathur, Chief, Bureau of Air, Illinois Environmental Protection Agency.
This October 10, 1997, letter requests a change in regulatory status for
Riverside Laboratories, Inc.'s Kane County facility, to reflect that the
Federal site-specific rule for Riverside (40 CFR 52.741(e)(10)) has been
superseded by the State of Illinois regulations, including the emission
limits in 35 Illinois Administrative Code 218.204(c) and the associated
control requirements, test methods and recordkeeping requirements in
Part 218 and the associated definitions in part 211. These State
regulations shall become the federally approved regulations applicable
to Riverside on August 31, 1998. The site-specific rule, applicable to
Riverside, promulgated by the Environmental Protection Agency on August
21, 1995 (40 CFR 52.741(e)(10)), remains in effect and is enforceable
after August 31, 1998 for the period before August 31, 1998.
(t) The Illinois volatile organic compound (VOC) rules that apply to
the Stepan Company Millsdale Plant for volatile organic liquid storage
(35 Ill. Admin. Code Part 218, Subpart B), batch processing (35 Ill.
Admin. Code Parts 218 and 219, Subpart V) and continuous reactor and
distillation processes (35 Ill. Admin. Code Part 218, Subpart Q) were
approved by the United States Environmental Protection Agency (USEPA) on
August 8, 1996, April 2, 1996, and June 17, 1997, respectively. Because
these rules have been
[[Page 411]]
approved into the State Implementation Plan and represent reasonably
available control technology for VOC, USEPA revokes the June 29, 1990
Federal Implementation Plan as it applies to Stepan and replaces it with
Illinois' volatile organic liquid storage, batch process, and continuous
reactor and distillation process rules.
(u) Negative declaration--Industrial wastewater category. On October
2, 1998, the State of Illinois certified to the satisfaction of the
United States Environmental Protection Agency that no major sources
categorized as part of the Industrial wastewater category are located in
the Metro-East ozone nonattainment area (Metro-East). The Metro-East
area is comprised of Madison, Monroe and St. Clair Counties which are
located in southwest Illinois, adjacent to St. Louis, Missouri.
(v) Negative declaration--Industrial cleaning solvents category. On
October 2, 1998, the State of Illinois certified to the satisfaction of
the United States Environmental Protection Agency that no major sources
categorized as part of the Industrial cleaning solvents category are
located in the Metro-East ozone nonattainment area (Metro-East). The
Metro-East area is comprised of Madison, Monroe and St. Clair Counties
which are located in southwest Illinois, adjacent to St. Louis,
Missouri.
(w) Approval--On December 18, 1997, December 17, 1999, January 14,
2000, and January 21, 2000, Illinois submitted a post-1996 Rate Of
Progress Plan for the Chicago ozone nonattainment area as a requested
revision to the Illinois State Implementation Plan. This plan reduces
ozone precursor emissions by 9 percent from 1990 baseline emissions by
November 15, 1999. This plan also supports a mobile source emissions
budget of 279.3 tons/day of volatile organic compounds for
transportation conformity purposes.
(x) Approval--On December 18, 1997, Illinois submitted a contingency
measure plan as part of the Chicago Area post-1996 Rate of Progress
Plan. This plan reduces volatile organic compound emissions in the
Chicago ozone nonattainment area by 3 percent from 1990 baseline
emissions by November 15, 1999.
(y) Approval--On December 18, 1997, Illinois submitted
Transportation Control Measures (TCMs) as part of the post-1996 Rate Of
Progress Plan for the Chicago ozone nonattainment area. The TCMs being
approved are listed in the following documents published by the Chicago
Area Transportation Study: ``Transportation Control Measures
Contribution to the Post-1996 Rate-Of-Progress State Implementation
Plan,'' March 22, 1996; ``Transportation Control Measures Contribution
to the 9 percent Control Strategy State Implementation Plan,'' June 11,
1998; and ``1999 Transportation Control Measures Contribution to the 9
percent Rate of Progress Control Strategy State Implementation Plan,''
December 9, 1999.
(z) Negative declaration--Industrial cleaning solvents category. On
December 23, 1999, the State of Illinois certified to the satisfaction
of the United States Environmental Protection Agency that no major
sources categorized as part of the industrial cleaning solvents category
are located in the Chicago ozone nonattainment area. The Chicago ozone
nonattainment area includes Cook County, DuPage County, Aux Sable and
Goose Lake Townships in Grundy County, Kane County, Oswego Township in
Kendall County, Lake County, McHenry County and Will County.
(aa) Negative declaration--Industrial wastewater category. On
December 23, 1999, the State of Illinois certified to the satisfaction
of the United States Environmental Protection Agency that no major
sources categorized as part of the Industrial Wastewater Category are
located in the Chicago ozone nonattainment area. The Chicago ozone
nonattainment area includes Cook County, DuPage County, Aux Sable and
Goose Lake Townships in Grundy County, Kane County, Oswego Township in
Kendall County, Lake County, McHenry County and Will County.
(bb) Approval--Revisions to the SIP submitted by Illinois on
November 15, 1999; February 10, 2000; April 13, 2001; and April 30,
2001. The revisions are for the purpose of satisfying the attainment
demonstration requirements of section 182(c)(2)(A) of the Act for the
[[Page 412]]
Metro-East St. Louis area. The revision establishes an attainment date
of November 15, 2004, for the St. Louis moderate ozone nonattainment
area. This revision establishes MVEBs for 2004 of 26.62 TPD of VOC and
35.52 TPD of NOX to be used in transportation conformity in
the Metro-East St. Louis area until revised budgets pursuant to MOBILE6
are submitted and found adequate. In the revision, Illinois commits to
revise its VOC and NOX transportation conformity budgets
within two years of the release of MOBILE6. No conformity determinations
will be made during the second year following the release of MOBILE6
unless and until the MVEBs have been recalculated using MOBILE6 and
found adequate by EPA. EPA is granting a waiver for the Metro East St.
Louis area to the state of Illinois from the NOX RACT
requirements of the Act and disapproving the request for a waiver from
the NOX NSR and NOX general conformity
requirements. EPA is finding that the Contingency Measures identified by
Illinois are adequate to meet the requirements of the Act. EPA finds
that the Illinois SIP meets the requirements pertaining to RACM under
the Act for the Metro-East St. Louis area.
[45 FR 55197, Aug. 19, 1980]
Editorial Note: For Federal Register citations affecting
Sec. 52.726, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.727 [Reserved]
Sec. 52.728 Control strategy: Nitrogen dioxide. [Reserved]
Sec. 52.729 Control strategy: Carbon monoxide.
The following source specific emission controls are approved:
(a) Approval--On August 15, 1996, the Illinois Environmental
Protection Agency requested that the Marathon Oil Company in Robinson,
Illinois be granted a carbon monoxide (CO) state implementation plan
(SIP) revision with specified conditions. This SIP revision limits the
Marathon Oil Company's CO emissions from its fluid bed catalytic
cracking unit CO boiler to be no more than 300 parts per million of CO
corrected for 50 percent excess air beginning January 19, 1996, and
ending August 4, 1997. The variance became effective January 19, 1996.
The SIP revision request satisfies all applicable requirements of the
Clean Air Act.
(b) [Reserved]
[62 FR 16705, Apr. 8, 1997]
Sec. 52.730 Compliance schedules.
(a) 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.
(b) Federal compliance schedules. (1) Except as provided in
paragraph (b)(3) of this section, the owner or operator of any
stationary source subject to the following emission limiting regulations
in the Illinois implementation plan shall comply with the applicable
compliance schedule in paragraph (b)(2) of this section: Illinois Air
Pollution Control Regulations Rule 203(d)(4), 203(d)(6)(B)(ii)(bb),
203(g)(1)(B), 203(g)(2), 203(g)(3), 203(g)(4), 204(c)(1)(A), 204(c)(2),
204(d), and 204(e).
(2) Compliance schedules. (i) The owner or operator of any
stationary source subject to Illinois Air Pollution Control Regulation
Rule 203(d)(4) shall take the following actions with respect to the
source no later than the date specified.
(a) September 30, 1973--Advertise for bids for purchase and
construction or installation of equipment, or for materials requisite
for process modification sufficient to control particulate emissions
from the source.
(b) November 15, 1973--Award contracts for emission control systems
or process modification, or issue orders for the purchase of component
parts to accomplish emission control or process modification.
(c) May 31, 1974--Initiate onsite construction or installation of
emission control system or process modification.
(d) March 31, 1975--Complete onsite construction or installation of
emission system or process modification.
(e) May 31, 1975--Complete shakedown operation and performance test
on source, submit performance test results to the Administrator; achieve
full
[[Page 413]]
compliance with State agency regulation.
(ii) The owner or operator of any stationary source subject to
Illinois Air Pollution Control Regulation Rule 203(d)(6)(B)(ii)(bb)
shall take the following actions with respect to the source no later
than the date specified.
(a) September 30, 1973--Advertise for bids for purchase and
construction or for modification of equipment sufficient to control
particulate emissions from the source.
(b) November 15, 1973--Award contracts for emissions control systems
or process modification, or issue orders for the purchase of component
parts to accomplish emission control or process modification.
(c) March 31, 1974--Initiate onsite construction or installation of
emission control system.
(d) October 31, 1974--Complete onsite construction or installation
of emission control system.
(e) December 31, 1974--Achieve final compliance with Illinois Air
Pollution Control Regulations Rule 203(d)(6)(B)(ii)(bb).
(iii) (a) The owner or operator of any boiler or furnace of more
than 250 million BTU per hour heat input subject to Illinois Air
Pollution Control Regulation Rule 204(c)(1)(A), 204(c)(2), 204(d), and
204(e) shall notify the Administrator, no later than October 1, 1973, of
his intent to utilize either low-sulfur fuel or stack gas
desulfurization to the requirements of said regulation.
(b) Any owner or operator of a stationary source subject to
paragraph (b)(2)(iii)(a) of this section who elects to utilize low
sulfur fuel shall take the following actions with respect to the source
no later than the date specified.
(1) 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 Illinois Air Pollution Control Regulations Rule
204(c)(1)(A), 204(c)(2), 204(d), and 204(e) on May 31, 1975, and for at
least one year thereafter.
(2) December 31, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
(3) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(4) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
(5) June 15, 1974--Initiate onsite modifications, if applicable.
(6) March 31, 1975--Complete onsite modifications, if applicable.
(7) May 31, 1975--Final compliance with the emission limitation of
Rules 204(c)(1)(A), 204(c)(2), 204(d), and 204(e).
(c) Any owner or operator of a fuel combustion source subject to
paragraph (b)(2)(iii)(a) of this section who elects to utilize stack gas
desulfurization shall take the following actions with respect to the
source no later than the date specified.
(1) November 1, 1973--Let necessary contracts for construction.
(2) March 31, 1974--Initiate onsite construction.
(3) March 31, 1975--Complete onsite construction.
(4) May 31, 1975--Complete shakedown operations and performance test
on source, submit performance test results to the Administrator; achieve
full compliance with Rule 204(c)(1)(A), 204(c)(2), 204(d), and 204(e).
(iv) (a) The owner or operator of any stationary source subject to
Illinois Air Pollution Control Regulations Rule 203(g)(1)(B), 203(g)(2),
203(g)(3), and 203(g)(4) shall notify the Administrator, no later than
October 1, 1973, of his intent to utilize either low ash fuel or a stack
gas cleaning system to meet the requirements of said regulation.
(b) Any owner or operator of a stationary source subject to
paragraph (b)(2)(iv)(a) of this section who elects to utilize low ash
fuel shall take the following actions with respect to the source no
later than the date specified.
(1) 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 Illinois Air Pollution Control Regulations Rule
203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4) on May 31, 1975, and
for at least one year thereafter.
(2) December 31, 1973--Sign contracts with fuel suppliers for fuel
requirements as projected above.
[[Page 414]]
(3) January 31, 1974--Submit a statement as to whether boiler
modifications will be required. If modifications will be required,
submit plans for such modifications.
(4) March 15, 1974--Let contracts for necessary boiler
modifications, if applicable.
(5) June 15, 1974--Initiate onsite modifications, if applicable.
(6) March 31, 1975--Complete onsite modifications, if applicable.
(7) May 31, 1975--Final compliance with the emission limitation of
Rule 203(g)(1)(B), 203(g)(2), 203(g)(3), and 203(g)(4).
(c) Any owner or operator of a stationary source subject to
paragraph (b)(2)(iv)(a) of this section who elects to utilize a stack
gas cleaning system shall take the following actions with respect to the
source no later than the date specified.
(1) January 15, 1974--Let necessary contracts for construction.
(2) April 1, 1974--Initiate onsite construction.
(3) April 1, 1975--Complete onsite construction.
(4) May 31, 1975--Complete shakedown operations and performance
tests on source, submit performance test results to the Administrator;
achieve full compliance with Rule 203(g)(1)(B), 203(g)(2), 203(g)(3),
and 203(g)(4).
(v) Ten days prior to the conduct of any performance test required
by this paragraph, the owner or operator of the affected source shall
give notice of such test to the Administrator to afford him the
opportunity to have an observer present.
(vi) 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) None of the above paragraphs shall apply to a source which is
presently in compliance with applicable regulations 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 schedules in paragraph (b)(2) of this section fail to
satisfy the requirements of Secs. 51.261 and 51.262(a) of this chapter.
(c) [Reserved]
(d) The compliance schedules for the sources identified below are
disapproved as not meeting the requirements of subpart N of this
chapter. All regulations cited are air pollution control regulations of
the State, unless otherwise noted.
----------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date schedule adopted
----------------------------------------------------------------------------------------------------------------
christian county
----------------------------------------------------------------------------------------------------------------
Allied Mills, Inc.................... Taylorville............ 204(c)................. Feb. 28, 1973.
----------------------------------------------------------------------------------------------------------------
cook county
----------------------------------------------------------------------------------------------------------------
Harco Aluminum Inc................... Chicago................ 204(c)................. Dec. 9, 1973.
J. L. Clark Manufacturing Co......... Downers Grove.......... 205(f)................. May 4, 1973.
Johnson & Johnson.................... Bedford Park........... 205(f)................. Jun. 20, 1973.
Lloyd J. Harris Pie, Co. Inc......... Chicago................ 204(c)................. Feb. 27, 1973.
Union Oil Co. of California.......... ......do............... 204(c)................. Jun. 19, 1973,
(a) No. 10 boiler.................. Dec. 13, 1973.
[[Page 415]]
(b) 11BIA crude heater.............
W. H. Hutchingson & Son, Inc......... ......do............... 205(f)................. Aug. 12, 1973.
Western Rust Proof Co................ ......do............... 204(c)................. Oct. 10, 1973.
Wheeler Uniform Service Inc.......... ......do............... 204(c)................. May 22, 1973.
Wm. Yuenger Manufacturing Co......... ......do............... 204(c)................. Aug. 16, 1973.
World's Finest Chocolate Inc......... ......do............... 204(c)................. May 30, 1973.
----------------------------------------------------------------------------------------------------------------
jackson county
----------------------------------------------------------------------------------------------------------------
Tuck Industries, Inc................. Carbondale............. 204(c)................. Jun. 20, 1973.
----------------------------------------------------------------------------------------------------------------
kane county
----------------------------------------------------------------------------------------------------------------
All Steel Equipment Corp............. Montgomery............. 204(f)................. July 24, 1973.
Consolidated Food Inc................ Aurora................. 205(f)................. May 9, 1973.
----------------------------------------------------------------------------------------------------------------
lake county
----------------------------------------------------------------------------------------------------------------
Morton Manufacturing Co.............. Libertyville........... 205(f)................. Aug. 27, 1973.
----------------------------------------------------------------------------------------------------------------
la salle county
----------------------------------------------------------------------------------------------------------------
Allied Mills Inc..................... Mendota................ 204(c)................. May 28, 1973.
----------------------------------------------------------------------------------------------------------------
madison county
----------------------------------------------------------------------------------------------------------------
Clark Oil & Refining Corp............ Hartford............... 204(f)................. Feb. 22, 1973.
Granite City Steel Co................ Granite City........... 203(d)(6).............. Apr. 25, 1972.
(a) Coke oven pushing operations... ....................... ....................... as amended.
(b) Charging operations............ ....................... ....................... May 21, 1973.
Illinois Power Company (Wood River E. Alton............... 204(c)................. May 1, 1973.
Boiler No. 5).
Owens-Illinois Inc................... Madison................ 204(c)................. May 2, 1973.
Owen-Illinois Inc. (No. 2 Powerhouse) Alton.................. 204(c)................. Mar. 30, 1973.
Shell Oil Co. (Cat. Cracker Units Roxana................. 203(b)................. Nov. 27, 1972.
Nos. 1, 2).
----------------------------------------------------------------------------------------------------------------
randolf county
----------------------------------------------------------------------------------------------------------------
Chester Dairy Co..................... Chester................ 204(c)................. Aug. 6, 1973.
----------------------------------------------------------------------------------------------------------------
st. clair county
----------------------------------------------------------------------------------------------------------------
Lock Stove Co........................ East St. Louis......... 205(b)................. June 11, 1973.
----------------------------------------------------------------------------------------------------------------
tazewell county
----------------------------------------------------------------------------------------------------------------
Quaker Oats Co....................... Pekin.................. 204(c)................. May 24, 1973.
----------------------------------------------------------------------------------------------------------------
vermillion county
----------------------------------------------------------------------------------------------------------------
Lauhoff Grain Co..................... Danville............... 204(c)................. Mar. 31, 1973.
----------------------------------------------------------------------------------------------------------------
[38 FR 16145, June 20, 1973, as amended at 38 FR 22742, Aug. 23, 1973;
38 FR 24342, Sept. 7, 1973; 39 FR 28155, Aug. 5, 1974; 51 FR 40675,
40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]
Secs. 52.731-52.735 [Reserved]
Sec. 52.736 Review of new sources and modifications.
(a) [Reserved]
(b) The rules submitted by the State on March 24, 1988, to satisfy
the requirements of the Clean Air Act are approved. These rules are part
203: Major Stationary Sources Construction and Modification as effective
March 22, 1991. The moratorium on construction and modification of new
sources in nonattainment areas as provided in section 110(a)(2)(I) of
the Clean Air Act is revoked.
[57 FR 59935, Dec. 17, 1992]
[[Page 416]]
Sec. 52.737 Operating permits.
Emission limitation and other provisions contained in operating
permits issued by the State in accordance with the provisions of the
federally approved permit program shall be the applicable requirements
of the federally approved Illinois SIP for the purpose of section 113 of
the Clean Air Act and shall be enforceable by USEPA and by any person in
the same manner as other requirements of the SIP. USEPA reserves the
right to deem an operating permit 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 USEPA's underlying regulations.
[57 FR 59936, Dec. 17, 1992]
Sec. 52.738 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(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Illinois.
(c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of Illinois shall be
submitted to the Director of the Illinois Environmental Protection
Agency, 2200 Churchill Road, Springfield, Illinois 62706 instead of the
EPA Region V office.
[45 FR 52741, Aug. 7, 1980, as amended at 46 FR 9584, Jan. 29, 1981]
Sec. 52.739 Permit fees.
(a) The requirements of section 110(a)(2)(K) 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, provisions for a permit fee
system.
[46 FR 23237, Apr. 24, 1981]
Sec. 52.740 Interstate pollution.
(a) The requirements of section 126(a)(2) 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 significantly contribute to levels of air
pollution in excess of the National Ambient Air Quality Standards in
that state.
[46 FR 23237, Apr. 24, 1981]
Sec. 52.741 Control strategy: Ozone control measures for Cook, DuPage,
Kane, Lake, McHenry and Will Counties.
(a) General Provisions--(1) Abbreviations and conversion factors.
(i) The following abbreviations are used in Sec. 52.741:
ASTM American Society for Testing and Materials
bbl barrels (42 gallons)
deg.C degrees Celsius or centigrade
cm centimeters
cu in. cubic inches
deg.F degrees Fahrenheit
FIP Federal implementation plan
ft feet
ft\2\ square feet
g grams
gpm gallons per minute
g/mole grams per mole
gal gallons
hr hours
in inches
K degrees Kelvin
kcal kilocalories
kg kilograms
kg/hr kilograms per hour
kPa kilopascals; one thousand newtons per square meter
l liters
l/sec liters per second
lbs pounds
lbs/hr pounds per hour
lbs/gal pounds per gallon
LEL lower explosive limit
m meters
m\2\ square meters
m\3\ cubmic meters
mg milligrams
Mg Megagrams, metric tons or tonnes
ml milliliters
min minutes
MJ megajoules
mm Hg millimeters of mercury
ppm parts per million
ppmv parts per million by volume
psi pounds per square inch
[[Page 417]]
psia pounds per square inch absolute
psig pounds per square inch gauge
scf standard cubic feet
scm standard cubic meters
sec seconds
SIP State implementation plan
sq cm square centimeters
sq in square inches
USEPA United States Environmental Protection Agency
VOC volatile organic compounds
VOL volatile organic liquids
VOM volatile organic materials
(ii) The following conversion factors are used in Sec. 52.741.
English Metric
1 gal 3.785 l.
1,000 gal 3,785 l or 3.785 m\3\.
1 psia 6.897 kPa (51.71 mm Hg).
2.205 lbs 1 kg.
1 bbl 159.0 l.
1 cu in 16.39 ml.
1 lb/gal 119,800 mg/l.
1 ton 0.907 Mg.
(2) Applicability. (i) Any source that received a stay, as indicated
in Sec. 218.103(a)(2), remains subject to the stay if still in effect,
or (if the stay is no longer in effect) the federally-promulgated or
federally-approved rule applicable to such source.
(ii)(A) Effective November 20, 1996 Illinois Administrative Code
Title 35: Environmental Protection, Subtitle B: Air pollution, Chapter
I: Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources, Part 211: Definitions and General
Provisions, and Part 218: Organic Material Emission Standards and
Limitations for the Chicago Area replace the requirements of 40 CFR
52.741 Control strategy: Ozone control measures for Cook, DuPage, Kane,
Lake, McHenry and Will County as the federally enforceable control
measures in these counties for the major non-Control Technique Guideline
(CTG) sources in the Chicago area, previously subject to paragraph u, v,
w, or x because of the applicability criteria in these paragraphs.
(B) In accordance with Sec. 218.101(b), for the major non-CTG
sources subject to paragraphs u, v, w, or x because of the applicability
criteria of those paragraphs, the requirements of paragraphs u, v, w,
and x, and the recordkeeping requirements in paragraph y and any related
parts of Sec. 52.741 necessary to implement these paragraphs (including,
but not limited to, those paragraphs containing test methods and
definitions), shall remain in effect and are enforceable after November
20, 1996 for the period from July 30, 1990 until November 20, 1996.
(iii)(A) Except as provided in paragraphs (a)(2) (i) and (ii) of
this section, effective October 11, 1994, Illinois Administrative Code
Title 35: Environmental Protection, Subtitle B: Air pollution, Chapter
I: Pollution Control Board, Subchapter c: Emissions Standards and
Limitations for Stationary Sources, Part 211: Definitions and General
Provisions, and Part 218: Organic Material Emission Standards and
Limitations for the Chicago Area replace the requirements of this
Sec. 52.741 Control strategy: Ozone control measures for Cook, DuPage,
Kane, Lake, McHenry and Will County as the federally enforceable control
measures in these counties.
(B) In accordance with Sec. 218.101(b), the requirements of
Sec. 52.741 shall remain in effect and are enforceable after October 11,
1994, for the period from July 30, 1990, to October 11, 1994.
(3) Definitions. The following terms are defined for the purpose of
Sec. 52.741.
Note: The Federal definitions supersede the State definitions for
these terms, which were previously approved by USEPA as part of the SIP.
The federally approved definitions for all other terms remain in effect
and applicable to these Federal rules.
Accelacota means a pharmaceutical coating operation which consists
of a horizontally rotating perforated drum in which tablets are placed,
a coating is applied by spraying, and the coating is dried by the flow
of air across the drum through the perforations.
Accumulator means the reservoir of a condensing unit receiving the
condensate from a surface condenser.
Actual emissions means the actual quantity of VOM emissions from an
emission source during a particular time period.
Adhesive means any substance or mixture of substances intended to
serve as a joining compound.
Administrator means the Administrator of the USEPA or that person's
designee.
[[Page 418]]
Afterburner means a control device in which materials in gaseous
effluent are combusted.
Air contaminant means any solid, liquid, or gaseous matter, any
odor, or any form of energy, that is capable of being released into the
atmosphere from an emission source.
Air dried coatings means any coatings that dry by use of air or
forced air at temperatures up to 363.15 K (194 deg.F).
Air pollution means the presence in the atmosphere of one or more
air contaminants in sufficient quantities and of such characteristics
and duration as to be injurious to human, plant, or animal life, to
health, or to property, or to unreasonably interfere with the enjoyment
of life or property.
Air pollution control equipment means any equipment or facility of a
type intended to eliminate, prevent, reduce or control the emission of
specified air contaminants to the atmosphere.
Air suspension coater/dryer means a pharmaceutical coating operation
which consists of vertical chambers in which tablets or particles are
placed, and a coating is applied and then dried while the tablets or
particles are kept in a fluidized state by the passage of air upward
through the chambers.
Air-assisted airless spray means a spray coating method which
combines compressed air with hydraulic pressure to atomize the coating
material into finer droplets than is achieved with pure airless spray.
Lower hydraulic pressure is used than with airless spray.
Airless spray means a spray coating method in which the coating is
atomized by forcing it through a small opening at high pressure. The
coating liquid is not mixed with air before exiting from the nozzle.
Allowable emissions means the quantity of VOM emissions during a
particular time period from a stationary source calculated using the
maximum rated capacity of the source (unless restricted by federally
enforceable limitations on operating rate, hours of operation, or both)
and the most stringent of:
(A) The applicable standards in 40 CFR parts 60 and 61:
(B) The applicable implementation plan; or
(C) A federally enforceable permit.
Ambient air quality standards means those standards designed to
protect the public health and welfare codified in 40 CFR part 50 and
promulgated from time to time by the USEPA pursuant to authority
contained in Section 108 of the Clean Air Act, 42 U.S.C. 7401 et seq.,
as amended from time to time.
Applicator means a device used in a coating line to apply coating.
As applied means the exact formulation of a coating during
application on or impregnation into a substrate.
Asphalt means the dark-brown to black cementitious material (solid,
semisolid, or liquid in consistency) of which the main constituents are
bitumens which occur naturally or as a residue of petroleum refining.
Automobile means a motor vehicle capable of carrying no more than 12
passengers.
Automobile or light-duty truck assembly plant means a facility where
parts are assembled or finished for eventual inclusion into a finished
automobile or light-duty truck ready for sale to vehicle dealers, but
not including customizers, body shops, and other repainters.
Automobile or light-duty truck refinishing means the repainting of
used automobiles and light-duty trucks.
Baked coatings means any coating which is cured or dried in an oven
where the oven air temperature exceeds 90 deg.C (194 deg.F).
Binders means organic materials and resins which do not contain
VOM's.
Bituminous coatings means black or brownish coating materials which
are soluble in carbon disulfide, which consist mainly of hydrocarbons,
and which are obtained from natural deposits or as residues from the
distillation of crude oils or of low grades of coal.
Brush or wipe coating means a manual method of applying a coating
using a brush, cloth, or similar object.
Bulk gasoline plant means a gasoline storage and distribution
facility with an average throughput of 76,000 l (20,000 gal) or less on
a 30-day rolling average that distributes gasoline to gasoline
dispensing facilities.
Can means any metal container, with or without a top, cover, spout
or handles, into which solid or liquid materials are packaged.
[[Page 419]]
Can coating means any coating applied on a single walled container
that is manufactured from metal sheets thinner than 29 gauge (0.0141
in.).
Can coating facility means a facility that includes one or more can
coating line(s).
Can coating line means a coating line in which any protective,
decorative, or functional coating is applied onto the surface of cans or
can components.
Capture means the containment or recovery of emissions from a
process for direction into a duct which may be exhausted through a stack
or sent to a control device. The overall abatement of emissions from a
process with an add-on control device is a function both of the capture
efficiency and of the control device.
Capture device means a hood, enclosed room floor sweep or other
means of collecting solvent or other pollutants into a duct. The
pollutant can then be directed to a pollution control device such as an
afterburner or carbon adsorber. Sometimes the term is used loosely to
include the control device.
Capture efficiency means the fraction of all VOM generated by a
process that are directed to an abatement or recovery device.
Capture system means all equipment (including, but not limited to,
hoods, ducts, fans, ovens, dryers, etc.) used to contain, collect and
transport an air pollutant to a control device.
Clean Air Act means the Clean Air Act of 1963, as amended, including
the Clean Air Act Amendments of 1977, (42 U.S.C. 7401 et seq.).
Clear coating means coatings that lack color and opacity or are
transparent using the undercoat as a reflectant base or undertone color.
Clear topcoat means the final coating which contains binders, but
not opaque pigments, and is specifically formulated to form a
transparent or translucent solid protective film.
Closed vent system means a system that is not open to the atmosphere
and is composed of piping, connections, and, if necessary, flow inducing
devices that transport gas or vapor from an emission source to a control
device.
Coating means a material applied onto or impregnated into a
substrate for protective, decorative, or functional purposes. Such
materials include, but are not limited to, paints, varnishes, sealers,
adhesives, thinners, diluents, and inks.
Coating applicator means equipment used to apply a coating.
Coating line means an operation consisting of a series of one or
more coating applicators and any associated flash-off areas, drying
areas, and ovens wherein a surface coating is applied, dried, or cured.
(It is not necessary for an operation to have an oven, or flash-off
area, or drying area to be included in this definition.)
Coating plant means any plant that contains one or more coating
line(s).
Coil means any flat metal sheet or strip that is rolled or wound in
concentric rings.
Coil coating means any coating applied on any flat metal sheet or
strip that comes in rolls or coils.
Coil coating facility means a facility that includes one or more
coil coating line(s).
Coil coating line means a coating line in which any protective,
decorative or functional coating is applied onto the surface of flat
metal sheets, strips, rolls, or coils for industrial or commercial use.
Cold cleaning means the process of cleaning and removing soils from
surfaces by spraying, brushing, flushing, or immersion while maintaining
the organic solvent below its boiling point. Wipe cleaning is not
included in this definition.
Component means, with respect to synthetic organic chemical and
polymer manufacturing equipment, and petroleum refining and related
industries, any piece of equipment which has the potential to leak VOM
including, but not limited to, pump seals, compressor seals, seal oil
degassing vents, pipeline valves, pressure relief devices, process
drains, and open ended pipes. This definition excludes valves which are
not externally regulated, flanges, and equipment in heavy liquid
service. For purposes of paragraph (i) of this section, this definition
also excludes bleed ports of gear pumps in polymer service.
[[Page 420]]
Concrete curing compounds means any coating applied to freshly
poured concrete to retard the evaporation of water.
Condensate means volatile organic liquid separated from its
associated gases, which condenses due to changes in the temperature or
pressure and remains liquid at standard conditions.
Continuous process means, with respect to polystyrene resin, a
method of manufacture in which the styrene raw material is delivered on
a continuous basis to the reactor in which the styrene is polymerized to
polystyrene.
Control device means equipment (such as an afterburner or adsorber)
used to remove or prevent the emission of air pollutants from a
contaminated exhaust stream.
Control device efficiency means the ratio of pollution prevented by
a control device and the pollution introduced to the control device,
expressed as a percentage.
Conveyorized degreasing means the continuous process of cleaning and
removing soils from surfaces utilizing either cold or vaporized
solvents.
Crude oil means a naturally occurring mixture which consists of
hydrocarbons and sulfur, nitrogen, or oxygen derivatives of hydrocarbons
and which is a liquid at standard conditions.
Crude oil gathering means the transportation of crude oil or
condensate after custody transfer between a production facility and a
reception point.
Custody transfer means the transfer of produced petroleum and/or
condensate after processing and/or treating in the producing operations,
from storage tanks or automatic transfer facilities to pipelines or any
other forms of transportation.
Daily-weighted average VOM content means the average VOM content of
two or more coatings as applied on a coating line during any day, taking
into account the fraction of total coating volume that each coating
represents, as calculated with the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.000
where:
VOMw=The average VOM content of two or more coatings as
applied each day on a coating line in units of kg VOM/l (lbs VOM/gal) of
coating (minus water and any compounds which are specifically exempted
from the definition of VOM),
n=The number of different coatings as applied each day on a coating
line,
Vi=The volume of each coating (minus water and any compounds
which are specifically exempted from the definition of VOM) as applied
each day on a coating line in units of l (gal).
Ci=The VOM content of each coating as applied each day on a
coating line in units of kg VOM/l (lbs VOM/gal) of coating (minus water
and any compounds which are specifically exempted from the definition of
VOM), and
VT=The total volume of all coatings (minus water and any
compounds which are specifically exempted from the definition of VOM) as
applied each day on a coating line in units of l (gal).
Day means the consecutive 24 hours beginning at 12 a.m. (midnight)
local time.
Degreaser means any equipment or system used in solvent cleaning.
Delivery vessel means any tank truck or trailer equipped with a
storage tank that is used for the transport of gasoline to a stationary
storage tank at a gasoline dispensing facility, bulk gasoline plant, or
bulk gasoline terminal.
Dip coating means a method of applying coatings in which the part is
submerged in a tank filled with the coating.
Drum means any cylindrical metal shipping container of 13- to 110-
gallon capacity.
Electrostatic bell or disc spray means an electrostatic spray
coating method in which a rapidly-spinning bell- or disc-shaped
applicator is used to create a fine mist and apply the coating with high
transfer efficiency.
[[Page 421]]
Electrostatic spray means a spray coating method in which opposite
electrical charges are applied to the substrate and the coating. The
coating is attracted to the object due to the electrostatic potential
between them.
Emission source and source mean any facility from which VOM is
emitted or capable of being emitted into the atmosphere.
Enamel means a coating that cures by chemical cross-linking of its
base resin. Enamels can be distinguished from lacquers because enamels
are not readily resoluble in their original solvent.
Enclose means to cover any VOL surface that is exposed to the
atmosphere.
End sealing compound coat means a compound applied to can ends which
functions as a gasket when the end is assembled onto the can.
Excessive release means a discharge of more than 295 g (0.65 lbs) of
mercaptans and/or hydrogen sulfide into the atmosphere in any 5-minute
period.
Exterior base coat means a coating applied to the exterior of a can
body, or flat sheet to provide protection to the metal or to provide
background for any lithographic or printing operation.
Exterior end coat means a coating applied to the exterior end of a
can to provide protection to the metal.
External-floating roof means a cover over an open top storage tank
consisting of a double deck or pontoon single deck which rests upon and
is supported by the volatile organic liquid being contained and is
equipped with a closure seal or seals to close the space between the
roof edge and tank shell.
Extreme environmental conditions means exposure to any or all of the
following: ambient weather conditions; temperatures consistently above
95 deg.C (203 deg.F); detergents; abrasive and scouring agents;
solvents; or corrosive atmospheres.
Extreme performance coating means any coating which during intended
use is exposed to extreme environmental conditions.
Fabric coating means any coating applied on textile fabric. Fabric
coating includes the application of coatings by impregnation.
Fabric coating facility means a facility that includes one or more
fabric coating lines.
Fabric coating line means a coating line in which any protective,
decorative, or functional coating or reinforcing material is applied on
or impregnated into a textile fabric.
Federally enforceable means all limitations and conditions which are
enforceable by the Administrator including those requirements developed
pursuant to 40 CFR parts 60 and 61; requirements within any applicable
implementation plan; and any permit requirements established pursuant to
40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51
subpart I and 40 CFR 51.166.
Final repair coat means the repainting of any topcoat which is
damaged during vehicle assembly.
Firebox means the chamber or compartment of a boiler or furnace in
which materials are burned, but not the combustion chamber or
afterburner of an incinerator.
Fixed-roof tank means a cylindrical shell with a permanently affixed
roof.
Flexographic printing means the application of words, designs, and
pictures to a substrate by means of a roll printing technique in which
the pattern to be applied is raised above the printing roll and the
image carrier is made of elastomeric materials.
Flexographic printing line means a printing line in which each roll
printer uses a roll with raised areas for applying an image such as
words, designs, or pictures to a substrate. The image carrier on the
roll is made of rubber or other elastome
Floating roof means a roof on a stationary tank, reservoir, or other
container which moves vertically upon change in volume of the stored
material.
Fountain solution means the solution which is applied to the image
plate to maintain hydrophilic properties of the non-image areas.
Fuel combustion emission source means any furnace, boiler, or
similar equipment used for the primary purpose of producing heat or
power by indirect heat transfer.
[[Page 422]]
Fuel gas system means a system for collection of refinery fuel gas
including, but not limited to, piping for collecting tail gas from
various process units, mixing drums and controls, and distribution
piping.
Gas/gas method means either of two methods for determining capture
which rely only on gas phase measurements. The first method requires
construction of a temporary total enclosure (TTE) to ensure that all
would-be fugitive emissions are measured. The second method uses the
building or room which houses the facility as an enclosure. The second
method requires that all other VOM sources within the room be shut down
while the test is performed, but all fans and blowers within the room
must be operated according to normal procedures.
Gas service means that the component contains process fluid that is
in the gaseous state at operating conditions.
Gasoline means any petroleum distillate or petroleum distillate/
alcohol blend having a Reid vapor pressure of 27.6 kPa or greater which
is used as a fuel for internal combustion engines.
Gasoline dispensing facility means any site where gasoline is
transferred from a stationary storage tank to a motor vehicle gasoline
tank used to provide fuel to the engine of that motor vehicle.
Gross vehicle weight means the manufacturer's gross weight rating
for the individual vehicle.
Gross vehicle weight rating means the value specified by the
manufacturer as the maximum design loaded weight of a single vehicle.
Heated airless spray means an airless spray coating method in which
the coating is heated just prior to application.
Heatset means a class of web-offset lithography which requires a
heated dryer to solidify the printing inks.
Heatset-web-offset lithographic printing line means a lithographic
printing line in which a blanket cylinder is used to transfer ink from a
plate cylinder to a substrate continuously fed from a roll or an
extension process and an oven is used to solidify the printing inks.
Heavy liquid means liquid with a true vapor pressure of less than
0.3 kPa (0.04 psi) at 294.3 K (70 deg.F) established in a standard
reference text or as determined by ASTM method D2879-86 (incorporated by
reference as specified in 40 CFR 52.742); or which has 0.1 Reid Vapor
Pressure as determined by ASTM method D323-82 (incorporated by reference
as specified in 40 CFR 52.742); or which when distilled requires a
temperature of 421.95 K (300 deg.F) or greater to recover 10 percent of
the liquid as determined by ASTM method D86-82 (incorporated by
reference as specified in 40 CFR 52.742).
Heavy off-highway vehicle products means, for the purpose of
paragraph (e) of this section, heavy construction, mining, farming, or
material handling equipment; heavy industrial engines; diesel-electric
locomotives and associated power generation equipment; and the
components of such equipment or engines.
Heavy off-highway vehicle products coating facility means a facility
that includes one or more heavy off-highway vehicle products coating
line(s).
Heavy off-highway vehicle products coating line means a coating line
in which any protective, decorative, or functional coating is applied
onto the surface of heavy off-highway vehicle products.
High temperature aluminum coating means a coating that is certified
to withstand a temperature of 537.8 deg.C (1000 deg.F) for 24 hours.
Hood means a partial enclosure or canopy for capturing and
exhausting, by means of a draft, the organic vapors or other fumes
rising from a coating process or other source.
Hood capture efficiency means the emissions from a process which are
captured by the hood and directed into a control device, expressed as a
percentage of all emissions.
Hot well means the reservoir of a condensing unit receiving the
condensate from a barometric condenser.
Hour means a block period of 60 minutes (e.g., 1 a.m. to 2 a.m.).
In vacuum service means, for the purpose of paragraph (i) of this
section, equipment which is operating at an internal pressure that is at
least 5 kPa (0.73 psia) below ambient pressure.
[[Page 423]]
In-process tank means a container used for mixing, blending,
heating, reacting, holding, crystallizing, evaporating or cleaning
operations in the manufacture of pharmaceuticals.
Incinerator means a combustion apparatus in which refuse is burned.
Indirect heat transfer means transfer of heat in such a way that the
source of heat does not come into direct contact with process materials.
Ink means a coating used in printing, impressing, or transferring an
image onto a substrate.
Interior body spray coat means a coating applied by spray to the
interior of a can body.
Internal-floating roof means a cover or roof in a fixed-roof tank
which rests upon and is supported by the volatile organic liquid being
contained and is equipped with a closure seal or seals to close the
space between the roof edge and tank shell.
Lacquers means any clear wood finishes formulated with
nitrocellulose or synthetic resins to dry by evaporation without
chemical reaction, including clear lacquer sanding sealers.
Large appliance means any residential and commercial washers,
dryers, ranges, refrigerators, freezers, water heaters, dish washers,
trash compactors, air conditioners, and other similar products.
Large appliance coating means any coating applied to the component
metal parts (including, but not limited to, doors, cases, lids, panels,
and interior support parts) of residential and commercial washers,
dryers, ranges, refrigerators, freezers, water heaters, dish washers,
trash compactors, air conditioners, and other similar products.
Large appliance coating facility means a facility that includes one
or more large appliance coating line(s).
Large appliance coating line means a coating line in which any
protective, decorative, or functional coating is applied onto the
surface of large appliances.
Light liquid means VOM in the liquid state which is not defined as
heavy liquid.
Light-duty truck means any motor vehicle rated at 3,850 kg gross
vehicle weight or less, designed mainly to transport property.
Liquid/gas method means either of two methods for determining
capture which require both gas phase and liquid phase measurements and
analysis. The first method requires construction of a TTE. The second
method uses the building or room which houses the facility as an
enclosure. The second method requires that all other VOM sources within
the room be shut down while the test is performed, but all fans and
blowers within the room must be operated according to normal procedures.
Liquid service means that the equipment or component contains
process fluid that is in a liquid state at operating conditions.
Lithographic printing line means a printing line, except that the
substrate is not necessarily fed from an unwinding roll, in which each
roll printer uses a roll where both the image and non-image areas are
essentially in the same plane (planographic).
Magnet wire means aluminum or copper wire formed into an
electromagnetic coil.
Magnet wire coating means any coating or electrically insulating
varnish or enamel applied to magnet wire.
Magnet wire coating facility means a facility that includes one or
more magnet wire coating line(s).
Magnet wire coating line means a coating line in which any
protective, decorative, or functional coating is applied onto the
surface of a magnet wire.
Malfunction means any sudden and unavoidable failure of air
pollution control equipment, process equipment, or a process to operate
in a normal or usual manner. Failures that are caused entirely or in
part by poor maintenance, careless operation, or any other preventable
upset condition or preventable equipment breakdown shall not be
considered malfunctions.
Manufacturing process means a method whereby a process emission
source or series of process emission sources is used to convert raw
materials, feed stocks, subassemblies, or other components into a
product, either for sale or for use as a component in a subsequent
manufacturing process.
[[Page 424]]
Maximum theoretical emissions means the quantity of volatile organic
material emissions that theoretically could be emitted by a stationary
source before add-on controls based on the design capacity or maximum
production capacity of the source and 8760 hours per year. The design
capacity or maximum production capacity includes use of coating(s) or
ink(s) with the highest volatile organic material content actually used
in practice by the source.
Metal furniture means a furniture piece including, but not limited
to, tables, chairs, waste baskets, beds, desks, lockers, benches,
shelving, file cabinets, lamps, and room dividers.
Metal furniture coating means any non-adhesive coating applied to
any furniture piece made of metal or any metal part which is or will be
assembled with other metal, wood, fabric, plastic or glass parts to form
a furniture piece including, but not limited to, tables, chairs, waste
baskets, beds, desks, lockers, benches, shelving, file cabinets, lamps,
and room dividers. This definition shall not apply to any coating line
coating miscellaneous metal parts or products.
Metal furniture coating facility means a facility that includes one
or more metal furniture coating line(s).
Metal furniture coating line means a coating line in which any
protective, decorative, or functional coating is applied onto the
surface of metal furniture.
Metallic shoe-type seal means a primary or secondary seal
constructed of metal sheets (shoes) which are joined together to form a
ring, springs, or levers which attach the shoes to the floating roof and
hold the shoes against the tank wall, and a coated fabric which is
suspended from the shoes to the floating roof.
Miscellaneous fabricated product manufacturing process means:
(A) A manufacturing process involving one or more of the following
applications, including any drying and curing of formulations, and
capable of emitting VOM:
(1) Adhesives to fabricate or assemble components or products.
(2) Asphalt solutions to paper or fiberboard.
(3) Asphalt to paper or felt.
(4) Coatings or dye to leather.
(5) Coatings to plastic.
(6) Coatings to rubber or glass.
(7) Disinfectant material to manufactured items.
(8) Plastic foam scrap or ``fluff'' from the manufacture of foam
containers and packaging material to form resin pallets.
(9) Resin solutions to fiber substances.
(10) Viscose solutions for food casings.
(B) The storage and handling of formulations associated with the
process described above, and the use and handling of organic liquids and
other substances for clean-up operations associated with the process
described in this definition.
Miscellaneous formulation manufacturing process means:
(A) A manufacturing process which compounds one or more of the
following and is capable of emitting VOM:
(1) Adhesives.
(2) Asphalt solutions.
(3) Caulks, sealants, or waterproofing agents.
(4) Coatings, other than paint and ink.
(5) Concrete curing compounds.
(6) Dyes.
(7) Friction materials and compounds.
(8) Resin solutions.
(9) Rubber solutions.
(10) Viscose solutions.
(B) The storage and handling of formulations associated with the
process described above, and the use and handling of organic liquids and
other substances for clean-up operations associated with the process
described in this definition.
Miscellaneous metal parts or products means any metal part or metal
product, even if attached to or combined with a nonmental part or
product, except cans, coils, metal furniture, large appliances, magnet
wire, automobiles, ships, and airplane bodies.
Miscellaneous metal parts and products coating means any coating
applied to any metal part or metal product, even if attached to or
combined with a nonmetal part or product, except cans, coils, metal
furniture, large appliances, and magnet wire. Prime coat, prime
[[Page 425]]
surfacer coat, topcoat, and final repair coat for automobiles and light-
duty trucks are not miscellaneous metal parts and products coatings.
However, underbody anti-chip (e.g., underbody plastisol) automobile, and
light-duty truck coatings are miscellaneous metal parts and products
coatings. Also, automobile or light-duty truck refinishing coatings,
coatings applied to the exterior of marine vessels, coatings applied to
the exterior of airplanes, and the customized topcoating of automobiles
and trucks if production is less than 35 vehicles per day are not
miscellaneous metal parts and products coatings.
Miscellaneous metal parts or products coating facility means a
facility that includes one or more miscellaneous metal parts or products
coating lines.
Miscellaneous metal parts or products coating line means a coating
line in which any protective, decorative, or functional coating is
applied onto the surface of miscellaneous metal parts or products.
Miscellaneous organic chemical manufacturing process means:
(A) A manufacturing process which produces by chemical reaction, one
or more of the following organic compounds or mixtures of organic
compounds and which is capable of emitting VOM:
(1) Chemicals listed in appendix A of this section.
(2) Chlorinated and sulfonated compounds.
(3) Cosmetic, detergent, soap, or surfactant intermediaries or
specialties and products.
(4) Disinfectants.
(5) Food additives.
(6) Oil and petroleum product additives.
(7) Plasticizers.
(8) Resins or polymers.
(9) Rubber additives.
(10) Sweeteners.
(11) Varnishes.
(B) The storage and handling of formulations associated with the
process described above and the use and handling of organic liquids and
other substances for clean-up operations associated with the process
described in this definition.
Monitor means to measure and record.
Multiple package coating means a coating made from more than one
different ingredient which must be mixed prior to using and has a
limited pot life due to the chemical reaction which occurs upon mixing.
Offset means, with respect to printing and publishing operations,
use of a blanket cylinder to transfer ink from the plate cylinder to the
surface to be printed.
Opaque stains means all stains that are not semi-transparent stains.
Open top vapor depressing means the batch process of cleaning and
removing soils from surfaces by condensing hot solvent vapor on the
colder metal parts.
Open-ended valve means any valve, except pressure relief devices,
having one side of the valve in contact with process fluid and one side
open to the atmosphere, either directly or through open piping.
Organic compound means any compound of carbon, excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides or
carbonates, and ammonium carbonate.
Organic material means any chemical compound of carbon including
diluents and thinners which are liquids at standard conditions and which
are used as dissolvers, viscosity reducers, or cleaning agents, but
excluding methane, carbon monoxide, carbon dioxide, carbonic acid,
metallic carbonic acid, metallic carbide, metallic carbonates, and
ammonium carbonate.
Organic vapor means the gaseous phase of an organic material or a
mixture of organic materials present in the atmosphere.
Oven means a chamber within which heat is used for one or more of
the following purposes: Dry, bake, cure, or polymerize a coating or ink.
Overall control means the product of the capture efficiency and the
control device efficiency.
Overvarnish means a transparent coating applied directly over ink or
coating.
Owner or operator means any person who owns, operates, leases,
controls, or supervises an emission source or air pollution control
equipment.
[[Page 426]]
Packaging rotogravure printing means rotogravure printing upon
paper, paper board, metal foil, plastic film, and other substrates,
which are, in subsequent operations, formed into packaging products or
labels for articles to be sold.
Packaging rotogravure printing line means a rotogravure printing
line in which surface coatings are applied to paper, paperboard, foil,
film, or other substrates which are to be used to produce containers,
packaging products, or labels for articles.
Pail means any cylindrical metal shipping container of 1- to 12-
gallon capacity and constructed of 29-gauge and heavier metal.
Paint manufacturing plant means a plant that mixes, blends, or
compounds enamels, lacquers, sealers, shellacs, stains, varnishes, or
pigmented surface coatings.
Paper coating means any coating applied on paper, plastic film, or
metallic foil to make certain products, including (but not limited to)
adhesive tapes and labels, book covers, post cards, office copier paper,
drafting paper, or pressure sensitive tapes. Paper coating includes the
application of coatings by impregnation and/or saturation.
Paper coating facility means a facility that includes one or more
paper coating lines.
Paper coating line means a coating line in which any protective,
decorative, or functional coating is applied on, saturated into, or
impregnated into paper, plastic film, or metallic foil to make certain
products, including (but not limited to) adhesive tapes and labels, book
covers, post cards, office copier paper, drafting paper, and pressure
sensitive tapes.
Parts per million (volume) means a volume/volume ratio which
expresses the volumetric concentration of gaseous air contaminant in a
million unit volume of gas.
Person means any individual, corporation, partnership, association,
State, municipality, political subdivision of a State; any agency,
department, or instrumentality of the United States; and any officer,
agent, or employee thereof.
Petroleum means the crude oil removed from the earth and the oils
derived from tar sands, shale, and coal.
Petroleum refinery means any facility engaged in producing gasoline,
kerosene, distillate fuel oils, residual fuel oils, lubricants, or other
products through distillation of petroleum, or through redistillation,
cracking, or reforming of unfinished petroleum derivatives.
Pharmaceutical means any compound or mixture, other than food, used
in the prevention, diagnosis, alleviation, treatment, or cure of disease
in man and animal.
Pharmaceutical coating operation means a device in which a coating
is applied to a pharmaceutical, including air drying or curing of the
coating.
Pigmented coatings means opaque coatings containing binders and
colored pigments which are formulated to conceal the wood surface either
as an undercoat or topcoat.
Plant means all of the pollutant-emitting activities which belong to
the same industrial grouping, are located on one or more contiguous or
adjacent properties, and are under the control of the same person (or
persons under common control), except the activities of any marine
vessel. Pollutant-emitting activities shall be considered as part of the
same industrial grouping if they belong to the same ``Major Group''
(i.e., which have the same two-digit code) as described in the
``Standard Industrial Classification Manual, 1987'' (incorporated by
reference as specified in 40 CFR 52.742).
Plasticizers means a substance added to a polymer composition to
soften and add flexibility to the product.
Prime coat means the first of two or more coatings applied to a
surface.
Prime surfacer coat means a coating used to touch up areas on the
surface of automobile or light-duty truck bodies not adequately covered
by the prime coat before application of the top coat. The prime surfacer
coat is applied between the prime coat and topcoat. An anti-chip coating
applied to main body parts (e.g., rocker panels, bottom of doors and
fenders, and leading edge of roof) is a prime surfacer coat.
[[Page 427]]
Primers means any coatings formulated and applied to substrates to
provide a firm bond between the substrate and subsequent coats.
Printing means the application of words, designs, and pictures to a
substrate using ink.
Printing line means an operation consisting of a series of one or
more roll printers and any associated roll coaters, drying areas, and
ovens wherein one or more coatings are applied, dried, and/or cured.
Process means any stationary emission source other than a fuel
combustion emission source or an incinerator.
Production equipment exhaust system means a system for collecting
and directing into the atmosphere emissions of volatile organic material
from reactors, centrifuges, and other process emission sources.
Publication rotogravure printing line means a rotogravure printing
line in which coatings are applied to paper which is subsequently formed
into books, magazines, catalogues, brochures, directories, newspaper
supplements, or other types of printed material.
Reactor means a vat, vessel, or other device in which chemical
reactions take place.
Refiner means any person who owns, leases operates, controls, or
supervises a refinery.
Refinery unit, process unit or unit means a set of components which
are a part of a basic process operation such as distillation,
hydrotreating, cracking, or reforming of hydrocarbons.
Refrigerated condenser means a surface condenser in which the
coolant supplied to the condenser has been cooled by a mechanical
device, other than by a cooling tower or evaporative spray cooling, such
as refrigeration unit or steam chiller unit.
Repair coatings means coatings used to correct imperfections or
damage to furniture surface.
Repaired means, for the purpose of paragraph (i) of this section,
that equipment component has been adjusted, or otherwise altered, to
eliminate a leak.
Roll coater means an apparatus in which a uniform layer of coating
is applied by means of one or more rolls across the entire width of a
moving substrate.
Roll printer means an apparatus used in the application of words,
designs, or pictures to a substrate, usually by means of one or more
rolls each with only partial coverage.
Roll printing means the application of words, designs, and pictures
to a substrate usually by means of a series of hard rubber or metal
rolls each with only partial coverage.
Roller coating means a method of applying a coating to a sheet or
strip in which the coating is transferred by a roller or series of
rollers.
Rotogravure printing means the application of words, designs, and
pictures to a substrate by means of a roll printing technique in which
the pattern to be applied is recessed relative to the non-image area.
Rotogravure printing line means a printing line in which each roll
printer uses a roll with recessed areas for applying an image to a
substrate.
Safety relief valve means a valve which is normally closed and which
is designed to open in order to relieve excessive pressures within a
vessel or pipe.
Sanding sealers means any coatings formulated for and applied to
bare wood for sanding and to seal the wood for subsequent application of
varnish. To be considered a sanding sealer a coating must be clearly
labelled as such.
Sealer means a coating containing binders which seals wood prior to
the application of the subsequent coatings.
Semi-transparent stains means stains containing dyes or semi-
transparent pigments which are formulated to enhance wood grain and
change the color of the surface but not to conceal the surface,
including, but not limited to, sap stain, toner, non-grain raising
stains, pad stain, or spatter stain.
Set of safety relief valves means one or more safety relief valves
designed to open in order to relieve excessive pressures in the same
vessel or pipe.
Sheet basecoat means a coating applied to metal when the metal is in
sheet form to serve as either the exterior or interior of a can for
either two-piece or three-piece cans.
[[Page 428]]
Side-seam spray coat means a coating applied to the seam of a three-
piece can.
Single coat means one coating application applied to a metal
surface.
Solvent means a liquid substance that is used to dissolve or dilute
another substance.
Solvent cleaning means the process of cleaning soils from surfaces
by cold cleaning, open top vapor degreasing, or conveyorized degreasing.
Specified air contaminant means any air contaminant as to which this
Section contains emission standards or other specific limitations.
Splash loading means a method of loading a tank, railroad tank car,
tank truck, or trailer by use of other than a submerged loading pipe.
Standard conditions means a temperature of 70 deg.F and a pressure
of 14.7 psia.
Standard cubic foot (scf) means the volume of one cubic foot of gas
at standard conditions.
Standard Industrial Classification Manual means the Standard
Industrial Classification Manual (1987), Superintendent of Documents,
U.S. Government Printing Office, Washington, DC 20402 (incorporated by
reference as specified in 40 CFR 52.742).
Start-up means the setting in operation of an emission source for
any purpose.
Stationary emission source and Stationary source mean an emission
source which is not self-propelled.
Storage tank or storage vessel means any stationary tank, reservoir
or container used for the storage of VOL's.
Submerged loading pipe means any discharge pipe or nozzle which
meets either of the following conditions:
(A) Where the tank is filled from the top, the end of the discharge
pipe or nozzle must be totally submerged when the liquid level is 15 cm
(6 in.) above the bottom of the tank.
(B) Where the tank is filled from the side, the discharge pipe or
nozzle must be totally submerged when the liquid level is 46 cm (18 in.)
above the bottom of the tank.
Substrate means the surface onto which a coating is applied or into
which a coating is impregnated.
Surface condenser means a device which removes a substance from a
gas stream by reducing the temperature of the stream, without direct
contact between the coolant and the stream.
Tablet coating operation means a pharmaceutical coating operation in
which tablets are coated.
Thirty-day rolling average means any value arithmetically averaged
over any consecutive thirty-days.
Three-piece can means a can which is made from a rectangular sheet
and two circular ends.
Topcoat means a coating applied in a multiple coat operation other
than prime coat, final repair coat, or prime surfacer coat.
Topcoat operation means all topcoat spray booths, flash-off areas,
and bake ovens at a facility which are used to apply, dry, or cure the
final coatings (except final off-line repair) on components of
automobile or light-duty truck bodies.
Transfer efficiency means the ratio of the amount of coating solids
deposited onto a part or product to the total amount of coating solids
used.
True vapor pressure means the equilibrium partial pressure exerted
by a volatile organic liquid as determined in accordance with methods
described in American Petroleum Institute Bulletin 2517, ``Evaporation
Loss From Floating Roof Tanks,'' second edition, February 1980
(incorporated by reference as specified in 40 CFR 52.742).
Two-piece can means a can which is drawn from a shallow cup and
requires only one end to be attached.
Undercoaters means any coatings formulated for and applied to
substrates to provide a smooth surface for subsequent coats.
Unregulated safety relief valve means a safety relief valve which
cannot be actuated by a means other than high pressure in the pipe or
vessel which it protects.
Vacuum producing system means any reciprocating, rotary, or
centrifugal blower or compressor or any jet ejector or device that
creates suction from a pressure below atmospheric and discharges against
a greater pressure.
Valves not externally regulated means valves that have no external
controls, such as in-line check valves.
[[Page 429]]
Vapor balance system means any combination of pipes or hoses which
creates a closed system between the vapor spaces of an unloading tank
and a receiving tank such that vapors displaced from the receiving tank
are transferred to the tank being unloaded.
Vapor collection system means all piping, seals, hoses, connections,
pressure-vacuum vents, and other possible sources between the gasoline
delivery vessel and the vapor processing unit and/or the storage tanks
and vapor holder.
Vapor control system means any system that limits or prevents
release to the atmosphere of organic meterial in the vapors displaced
from a tank during the transfer of gasoline.
Vapor recovery system means a vapor gathering system capable of
collecting all VOM vapors and gases discharged from the storage tank and
a vapor disposal system capable of processing such VOM vapors and gases
so as to prevent their emission to the atmosphere.
Vehicle means a device by which any person or property may be
propelled, moved, or drawn upon a highway, excepting a device moved
exclusively by human power or used exclusively upon stationary rails or
tracks.
Vinyl coating means any topcoat or printing ink applied to vinyl
coated fabric or vinyl sheets. Vinyl coating does not include
plastisols.
Vinyl coating facility means a facility that includes one or more
vinyl coating line(s).
Vinyl coating line means a coating line in which any protective,
decorative or functional coating is applied onto vinyl coated fabric or
vinyl sheets.
Volatile organic liquid means any substance which is liquid at
storage conditions and which contains volatile organic compounds.
Volatile organic material (VOM) or volatile organic compounds (VOC)
is as defined in Sec. 51.100(s) of this chapter.
Wash coat means a coating containing binders which seals wood
surfaces, prevents undesired staining, and controls penetration.
Web means a substrate which is printed in continuous roll-fed
presses.
Wood furniture means room furnishings including cabinets (kitchen,
bath, and vanity), tables, chairs, beds, sofas, shutters, art objects,
wood paneling, wood flooring, and any other coated furnishings made of
wood, wood composition, or fabricated wood materials.
Wood furniture coating facility means a facility that includes one
or more wood furniture coating line(s).
Wood furniture coating line means a coating line in which any
protective, decorative, or functional coating is applied onto wood
furniture.
Woodworking means the shaping, sawing, grinding, smoothing,
polishing, and making into products of any form or shape of wood.
(4) Testing methods and procedures--(i) Coatings, inks and fountain
solutions. The following test methods and procedures shall be used to
determine compliance of as applied coatings, inks, and fountain
solutions with the limitations set forth in Sec. 52.741.
(A) Sampling. Samples collected for analyses shall be one-liter
taken into a one-liter container at a location and time such that the
sample will be representative of the coating as applied (i.e., the
sample shall include any dilution solvent or other VOM added during the
manufacturing process). The container must be tightly sealed immediately
after the sample is taken. Any solvent or other VOM added after the
sample is taken must be measured and accounted for in the calculations
in paragraph(a)(4)(i)(C) of this section. For multiple package coatings,
separate samples of each component shall be obtained. A mixed sample
shall not be obtained as it will cure in the container. Sampling
procedures shall follow the guidelines presented in:
(1) ASTM D3925-81 (Reapproved 1985) Standard Practice for Sampling
Liquid Paints and Related Pigment Coating. This practice is incorporated
by reference as specified in 40 CFR 52.742.
(2) ASTM E300-86 Standard Practice for Sampling Industrial
Chemicals. This practice is incorporated by reference as specified in 40
CFR 52.742.
(B) Analyses. The applicable analytical methods specified below
shall be used to determine the composition of
[[Page 430]]
coatings, inks, or fountain solutions as applied.
(1) Method 24 of 40 CFR part 60, appendix A, shall be used to
determine the VOM content and density of coatings. If it is demonstrated
to the satisfaction of the Administrator that plant coating formulation
data are equivalent to Method 24 results, formulation data may be used.
In the event of any inconsistency between a Method 24 test and a
facility's formulation data, the Method 24 test will govern.
(2) Method 24A of 40 CFR part 60, appendix A, shall be used to
determine the VOM content and density of rotogravure printing inks and
related coatings. If it is demonstrated to the satisfaction of the
Administrator that the plant coating formulation data are equivalent to
Method 24A results, formulation data may be used. In the event of any
inconsistency between a Method 24A test and a facility's formulation
data, the Method 24A test will govern.
(3) The following ASTM methods are the analytical procedures for
determining VOM:
(i) ASTM D1475-85: Standard Test Method for Density of Paint,
Varnish, Lacquer and Related Products. This test method is incorporated
by reference as specified in 40 CFR 52.742.
(ii) ASTM D2369-87: Standard Test Method for Volatile Content of
Coatings. This test method is incorporated by reference as specified in
40 CFR 52.742.
(iii) ASTM D3792-86: Standard Test Method for Water Content of
Water-reducible Paints by Direct Injection into a Gas Chromatograph.
This test method is incorporated by reference as specified in 40 CFR
52.742.
(iv) ASTM D4017-81 (Reapproved 1987): Standard Test Method for Water
in Paints and Paint Materials by the Karl Fischer Method. This test
method is incorporated by reference as specified in 40 CFR 52.742.
(v) ASTM D4457-85: Standard Test Method for Determination of
Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by
Direct Injection into a Gas Chromatograph. (The procedure delineated
above can be used to develop protocols for any compounds specifically
exempted from the definition of VOM.) This test method is incorporated
by reference as specified in 40 CFR 52.742.
(vi) ASTM D2697-86: Standard Test Method for Volume Non-Volatile
Matter in Clear or Pigmented Coatings. This test method is incorporated
by reference as specified in 40 CFR 52.742.
(vii) ASTM D3980-87: Standard Practice for Interlaboratory Testing
of Paint and Related Materials. This practice is incorporated by
reference as specified in 40 CFR 52.742.
(viii) ASTM E180-85: Standard Practice for Determining the Precision
of ASTM Methods for Analysis of and Testing of Industrial Chemicals.
This practice is incorporated by reference as specified in 40 CFR
52.742.
(ix) ASTM D2372-85: Standard Method of Separation of Vehicle from
Solvent-reducible Paints. This method is incorporated by reference as
specified in 40 CFR 52.742.
(4) Use of an adaptation to any of the analytical methods specified
in paragraphs (a)(4)(i)(B)(1), (2) and (3) may be approved by the
Administrator on a case-by-case basis. An owner or operator must submit
sufficient documentation for the Administrator to find that the
analytical methods specified in paragraphs (a)(4)(i)(B)(1), (2) and (3)
will yield inaccurate results and that the proposed adaptation is
appropriate.
(C) Calculations. Calculations for determining the VOM content,
water content and the content of any compounds which are specifically
exempted from the definition of VOM of coatings, inks and fountain
solutions as applied shall follow the guidance provided in the following
documents.
(1) ``A Guide for Surface Coating Calculation'' EPA-340/1-86-016
(which is available from the National Technical Information Services,
5285 Port Royal Road, Springfield, VA 22161)
(2) ``Procedures for Certifying Quantity of Volatile Organic
Compounds Emitted by Paint, Ink and Other Coatings'' (revised June 1986)
EPA-450/3-84-019 (which is available from the National Technical
Information Services, 5285 Port Royal Road, Springfield, VA 22161)
(3) ``A Guide for Graphic Arts Calculations'' August 1988 EPA-340/1-
88-
[[Page 431]]
003 (which is available from the National Technical Information
Services, 5285 Port Royal Road, Springfield, VA 22161)
(ii) Automobile or light-duty truck test protocol. The protocol for
testing, including determining the transfer efficiency, of coating
applicators at topcoat coating operations at an automobile assembly
facility shall follow the procedure in: ``Protocol for Determining the
Daily Volatile Organic Compound Emission Rate of Automobile and Light-
Duty Truck Topcoat Operations'' December 1988 EPA-450/3-88-018 (which is
available for purchase from the National Technical Information Services,
5285 Port Royal Road, Springfield, VA 22161)
(iii) Capture system efficiency test protocols--(A) Applicability.
The requirements of paragraphs (a)(4)(iii)(B) of this section shall
apply to all VOM emitting processes employing capture equipment (e.g.,
hoods, ducts), except those cases noted below.
(1) If a source installs a permanent total enclosure (PTE) that
meets USEPA specifications, and which directs all VOM to a control
device, then the source is exempted from the requirements described in
paragraph (B). The USEPA specifications to determine whether a strucutre
is considered a PTE are given in Procedure T of appendix B of this
section. In this instance, the capture efficiency is assumed to be 100
percent and the source is still required to measure control efficiency
using appropriate test methods as specified in (a)(4)(iv) of this
section.
(2) If a source uses a control device designed to collect and
recover VOM (e.g., carbon adsorber), an explicit measurement of capture
efficiency is not necessary provided that the conditions given below are
met. The overall control of the system can be determined by directly
comparing the input liquid VOM to the recovered liquid VOM. The general
procedure for use in this situation is given in 40 CFR 60.433, with the
following additional restrictions:
(i) The source must be able to equate solvent usage with solvent
recovery on a 24-hour (daily) basis, rather than a 30-day weighted
average, within 72 hours following the 24-hour period. In addition, one
of the following two criteria must be met:
(ii) The solvent recovery system (i.e., capture and control system)
must be dedicated to a single process line (e.g., one process line
venting to a carbon adsorber system), or
(iii) If the solvent recovery system controls multiple process
lines, then the source must be able to demonstrate that the overall
control (i.e., the total recovered solvent VOM divided by the sum of
liquid VOM input to all process lines venting to the control system)
meets or exceeds the most stringent standard applicable for any process
line venting to the control system.
(B) Specific requirements. The capture efficiency of a process line
shall be measured using one of the four protocols given below. Any error
margin associated with a test protocol may not be incorporated into the
results of a capture efficiency test. If these techniques are not
suitable for a particular process, then the source must present an
alternative capture efficiency protocol and obtain approval for it by
the Administrator as a SIP or FIP revisions.
(1) Gas/gas method using temporary total enclosure (TTE). The USEPA
specifications to determine whether a temporary enclosure is considered
a TTE are given in Procedure T of appendix B of this section. The
capture efficiency equation to be used for this protocol is:
CE = Gw / (GW + Fw)
Where:
CE=capture efficiency, decimal fraction.
Gw=mass of VOM captured and delivered to control device using a TTE.
Fw=mass of fugitive VOM that escapes from a TTE.
Procedure G.2 contained in appendix B of this section is used to obtain
Gw. Procedure F.1 in appendix B of this section is used to obtain Fw.
(2) Liquid/gas method using TTE. The USEPA specifications to
determine whether a temporary enclosure is considered a TTE are given in
Procedure T of appendix B of this section. The capture efficiency
equation to be used for this protocol is:
CE = (L - F) / L
[[Page 432]]
where:
CE=capture efficiency, decimal fraction.
L=mass of liquid VOM input to process.
Fw=mass of fugitive VOM that escapes from a TTE.
Procedure L contained in appendix B of this section is used to obtain L.
Procedure F.1 in appendix B of this section is used to obtain Fw.
(3) Gas/gas method using the building or room (building or room
enclosure) in which the affected source is located as the enclosure and
in which ``F'' and ``G'' are measured while operating only the affected
facility. All fans and blowers in the building or room must be operated
as they would under normal production. The capture efficiency equation
to be used for this protocol is:
CE = G / (G + FB)
Where:
CE=capture efficiency, decimal fraction.
G=mass of VOM captured and delivered to control device.
FB=mass of fugitive VOM that escapes from building enclosure.
Procedure G.2 contained in appendix B of this section is used to obtain
G. Procedure F.2 in appendix B of this section is used to obtain
FB.
(4) Liquid/gas method using the building or room (building or room
enclosure) in which the affected source is located as the enclosure and
in which ``F'' and ``L'' are measured while operating only the affected
facility. All fans and blowers in the building or room must be operated
as they would under normal production. The capture efficiency equation
to be used for this protocol is:
CE = (L - FB) / L
Where:
CE=capture efficiency, decimal fraction.
L=mass of liquid VOM input to process.
FB=mass of fugitive VOM that escapes from building enclosure.
Procedure L contained in appendix B of this section is used to obtain L.
Procedure F.2 in appendix B of this section is used to obtain
FB.
(C) Recordkeeping and reporting. (1) All affected facilities must
maintain a copy of the capture efficiency protocol submitted to USEPA on
file. All results of the appropriate test methods and capture efficiency
protocols must be reported to USEPA within sixty (60) days of the test
date. A copy of the results must be kept on file with the source for a
period of three (3) years.
(2) If any changes are made to capture or control equipment, then
the source is required to notify USEPA of these changes and a new test
may be required by USEPA.
(3) The source must notify the Administrator 30 days prior to
performing any capture efficiency or control test. At that time, the
source must notify the Administrator which capture efficiency protocol
and control device test methods will be used.
(4) Sources utilizing a PTE must demonstrate that this enclosure
meets the requirement given in Procedure T (in appendix B of this
section) for a PTE during any testing of their control device.
(5) Sources utilizing a TTE must demonstrate that their TTE meets
the requirements given in Procedure T (in appendix B of this section)
for a TTE during testing of their control device. The source must also
provide documentation that the quality assurance criteria for a TTE have
been achieved.
(iv) Control device efficiency testing and monitoring. (A) The
control device efficiency shall be determined by simultaneously
measuring the inlet and outlet gas phase VOM concentrations and gas
volumetric flow rates in accordance with the gas phase test methods
specified in paragraph (a)(4)(vi) of this section.
(B) Any owner or operator that uses an afterburner or carbon
adsorber to comply with any paragraph of Sec. 52.741 shall use USEPA
approved continuous monitoring equipment which is installed, calibrated,
maintained, and operated according to vendor specifications at all times
the afterburner or carbon adsorber is in use. The continuous monitoring
equipment must monitor the following parameters:
(1) Combustion chamber temperature of each afterburner.
(2) Temperature rise across each catalytic afterburner bed or VOM
concentration of exhaust.
(3) The VOM concentration of each carbon adsorption bed exhaust.
[[Page 433]]
(v) Overall efficiency. (A) The overall efficiency of the emission
control system shall be determined as the product of the capture system
efficiency and the control device efficiency or by the liquid/liquid
test protocol as specified in 40 CFR 60.433 (and revised by paragraph
(a)(4)(iii)(A)(2) of this section for each solvent recovery system. In
those cases in which the overall efficiency is being determined for an
entire line, the capture efficiency used to calculate the product of the
capture and control efficiency is the total capture efficiency over the
entire line.
(B) For coating lines which are both chosen by the owner or operator
to comply with paragraphs (e)(2)(ii), (e)(2)(iii), (e)(2)(iv),
(e)(2)(v), or (e)(2)(vi) of this section by the alternative in paragraph
(e)(2)(i)(B) of this section and meet the criteria allowing them to
comply with paragraph (e)(2) of this section instead of paragraph (e)(1)
of this section, the overall efficiency of the capture system and
control device, as determined by the test methods and procedures
specified in paragraphs (a)(4) (iii), (iv) and (v)(A) of this section,
shall be no less than the equivalent overall efficiency which shall be
calculated by the following equation:
E = ([VOMa - VOM1]/VOMa) x 100
Where:
E = Equivalent overall efficiency of the capture system and control
device as a percentage,
VOMa = Actual VOM content of a coating, or the daily-weighted
average VOM content of two or more coatings (if more than one coating is
used), as applied to the subject coating line as determined by the
applicable test methods and procedures specified in paragraph (a)(4)(i)
of this section in units of kg VOM/l (lb VOM/gal) of coating solids as
applied,
VOM1 = The VOM emission limit specified in paragraph (e)(2)
(i) or (ii) of this section in units of kg VOM/l (lb VOM/gal) of coating
solids as applied.
(vi) Volatile organic material gas phase source test methods. The
methods in 40 CFR part 60, appendix A, delineated below shall be used to
determine control device efficiencies.
(A) 40 CFR part 60, appendix A, Method 18, 25 or 25A, as appropriate
to the conditions at the site, shall be used to determine VOM
concentration. Method selection shall be based on consideration of the
diversity of organic species present and their total concentration and
on consideration of the potential presence of interfering gases. Except
as indicated in paragraphs (a)(4)(vi)(A)(1) and (2) of this section, the
test shall consist of three separate runs, each lasting a minimum of 60
min, unless the Administrator determines that process variables dictate
shorter sampling times.
(1) When the method is to be used to determine the efficiency of a
carbon adsoption system with a common exhaust stack for all the
individual adsorber vessels, the test shall consist of three separate
runs, each coinciding with one or more complete sequences through the
adsorption cycles of all the individual adsorber vessels.
(2) When the method is to be used to determine the efficiency of a
carbon adsorption system with individual exhaust stacks for each
adsorber vessel, each adsorber vessel shall be tested individually. The
test for each adsorber vessel shall consist of three separate runs. Each
run shall coincide with one or more complete adsorption cycles.
(B) 40 CFR part 60, appendix A, Method 1 or 1A shall be used for
sample and velocity traverses.
(C) 40 CFR part 60, appendix A, Method 2, 2A, 2C or 2D shall be used
for velocity and volumetric flow rates.
(D) 40 CFR part 60, appendix A, Method 3 shall be used for gas
analysis.
(E) 40 CFR part 60, appendix A, Method 4 shall be used for stack gas
moisture.
(F) 40 CFR part 60, appendix A, Methods 2, 2A, 2C, 2D, 3 and 4 shall
be performed, as applicable, at least twice during each test run.
(G) Use of an adaptation to any of the test methods specified in
paragraphs (a)(4)(vi) (A), (B), (C), (D), (E), and (F) of this section
may be approved by the Administrator on a case-by-case basis. An owner
or operator must submit sufficient documentation for the Administrator
to find that the test methods specified in paragraphs (a)(4)(vi) (A),
(B), (C), (D), (E), and (F) of this section will yield inaccurate
results and that the proposed adaptation is appropriate.
[[Page 434]]
(vii) Leak detection methods for volatile organic material. Owners
or operators required by the various subparts of this regulation to
carry out a leak detection monitoring program shall comply with the
following requirements:
(A) Leak detection monitoring. (1) Monitoring shall comply with 40
CFR part 60, appendix A. Method 21.
(2) The detection instrument shall meet the performance criteria of
Method 21.
(3) The instrument shall be calibrated before use on each day of its
use by the methods specified in Method 21.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon in air); and
(ii) A mixture of methane or n-hexane and air at a concentration of
approximately, but no less than, 10,000 ppm methane or n-hexane.
(5) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21.
(B) When equipment is tested for compliance with no detectable
emissions as required, the test shall comply with the following
requirements:
(1) The requirements of paragraphs (a)(4) (vii)(A)(1) through
(vii)(A)(5) of this section shall apply.
(2) The background level shall be determined as set forth in Method
21.
(C) Leak detection tests shall be performed consistent with:
(1) ``APTI Course SI 417 controlling Volatile Organic Compound
Emissions from Leaking Process Equipment'' EPA-450/2-82-015 (which is
available for purchase from the National Technical Information Services,
5285 Port Royal Road, Springfield, VA 22161)
(2) ``Portable Instrument User's Manual for Monitoring VOC Sources''
EPA-340/1-86-015 (which is available for purchase from the National
Technical Information Services, 5285 Port Royal Road, Springfield, VA
22161)
(3) ``Protocols for Generating Unit-Specific Emission Estimates for
Equipment Leaks of VOC and VHAP'' EPA-450/3-88-010 (which is available
for purchase from the National Technical Information Services, 5285 Port
Royal Road, Springfield, VA 22161)
(4) ``Petroleum Refinery Enforcement Manual'' EPA-340/1-80-008
(which is available for purchase from the National Technical Information
Services, 5285 Port Royal Road, Springfield, VA 22161)
(viii) Bulk gasoline delivery system test protocol. (A) The method
for determining the emissions of gasoline from a vapor recovery system
are delineated in 40 CFR part 60, subpart XX, Sec. 60.503.
(B) Other tests shall be performed consistent with:
(1) ``Inspection Manual for Control of Volatile Organic Emissions
from Gasoline Marketing Operations: Appendix D'' EPA-340/1-80-012 (which
is available for purchase from the National Technical Information
Services, 5285 Port Royal Road, Springfield, VA 22161)
(2) ``Control of Hydrocarbons from Tank Truck Gasoline Loading
Terminals: Appendix A'' EPA-450/2-77-026 (which is available for
purchase from the National Technical Information Services, 5285 Port
Royal Road, Springfield, VA 22161)
(5) Compliance dates. Compliance with the requirements of all rules
is required by July 1, 1991, unless otherwise indicated by compliance
dates contained in specific rules. This paragraph shall not operate to
provide additional time for compliance under section 113(d) of the Act,
42 U.S.C. 7413(d), for sources subject to compliance upon promulgation.
(6) Afterburners. The operation of any natural gas fired afterburner
and capture system used to comply with Sec. 52.741 is not required
during the period of November 1 of any year to April 1 of the following
year provided that the operation of such devices is not required for
purposes of occupational safety or health, or for the control of toxic
substances, odor nuisances, or other regulated pollutants.
(7) Exemptions, variances, and alternative means of control or
compliance determinations. Notwithstanding the provisions of any other
paragraphs of this section, any exemptions, variances or alternatives to
the control requirements, emission limitations, or test methods in the
Illinois SIP or FIP can only be allowed if approved by the Administrator
as a SIP or FIP revision.
(8) Vapor pressure of volatile organic liquids. (i) If the VOL
consists of only a single compound, the vapor pressure
[[Page 435]]
shall be determined by ASTM Method D2879-86 (incorporated by reference
as specified in 40 CFR 52.742) or the vapor pressure may be obtained
from a published source such as: Boublik, T., V. Fried and E. Hala,
``The Vapor Pressure of Pure Substances,'' Elsevier Scientific
Publishing Co., New York (1973); Perry's Chemical Engineer's Handbook,
McGraw-Hill Book Company (1984); CRC Handbook of Chemistry and Physics,
Chemical Rubber Publishing Company (1986-87); and Lange's Handbook of
Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985).
(ii) If the VOL is a mixture, the vapor pressure shall be determined
by ASTM Method D2879-86 (incorporated by reference as specified in 40
CFR 52.742) or by the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.001
Where:
Pvol=Total vapor pressure of the mixture,
n=Number of components in the mixture,
i=Subscript denoting an individual component,
Pi=Vapor pressure of a component determined in accordance
with paragraph (a) of this section
Xi=Mole fraction of the component in the total mixture.
(9) Vapor pressure of organic material or solvent. (i) If the
organic material or solvent consists of only a single compound, the
vapor pressure shall be determined by ASTM Method D2879-86 (incorporated
by reference as specified in 40 CFR 52.742) or the vapor pressure may be
obtained from a published source such as: Boublik, T., V. Fried and E.
Hala, ``The Vapor Pressure of Pure Substances,'' Elsevier Scientific
Publishing Co., New York (1973); Perry's Chemical Engineer's Handbook,
McGraw-Hill Book Company (1984); CRC Handbook of Chemistry and Physics,
Chemical Rubber Publishing Company (1986-87); and Lange's Handbook of
Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985).
(ii) If the organic material or solvent is in a mixture made up of
both organic material compounds and compounds which are not organic
material, the vapor pressure shall be determined by the following
equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.002
Where:
Pom=Total vapor pressure of the portion of the mixture which
is composed of organic material,
n=Number of organic material components in the mixture,
i=Subscript denoting an individual component,
Pi=Vapor pressure of an organic material component determined
in accordance with paragraph (a) of this section,
Xi=Mole fraction of the organic material component of the
total mixture.
(iii) If the organic material or solvent is in a mixture made up of
only organic material compounds, the vapor pressure shall be determined
by ASTM Method D2879-86 (incorporated by reference as specified in 40
CFR 52.742) or by the above equation.
(10) Vapor pressure of volatile organic material. (i) If the VOM
consists of only a single compound, the vapor pressure shall be
determined by ASTM Method D2879-86 (incorporated by reference as
specified in 40 CFR 52.742) or the vapor pressure may be obtained from a
published source such as: Boublik, T., V. Fried and E. Hala, ``The Vapor
Pressure of Pure Substances,'' Elsevier Scientific Publishing Co., New
York (1973); Perry's Chemical Engineer's Handbook, McGraw-Hill Book
Company (1984); CRC Handbook of Chemistry and Physics, Chemical Rubber
Publishing Company (1986-87); and Lange's Handbook of Chemistry, John A.
Dean, editor, McGraw-Hill Book Company (1985).
(ii) If the VOM is in a mixture made up of both VOM compounds and
compounds which are not VOM, the vapor pressure shall be determined by
the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.003
2Where:
[[Page 436]]
Pvom=Total vapor pressure of the portion of the mixture which
is composed of VOM,
n=Number of VOM components in the mixture,
i=Subscript denoting an individual component,
Pi=Vapor pressure of a VOM component determined in accordance
with paragraph (a) of this section,
Xi=Mole fraction of the VOM component of the total mixture.
(iii) If the VOM is in a mixture made up of only VOM compounds, the
vapor pressure shall be determined by ASTM Method D2879-86 (incorporated
by reference as specified in 40 CFR 52.742) or by the above equation.
(b)-(c) [Reserved]
(d) Solvent cleaning--(1) Solvent cleaning in general. The
requirements of subpart E (sections 215.182-215.184) of 35 Ill. Adm.
Code 215 (incorporated by reference as specified in 40 CFR 52.742) shall
apply to all cold cleaning, open top vapor degreasing, and conveyorized
degreasing operations.
Note: For Federal purposes, paragraph (d)(1) supersedes subpart E
(section 215.181) of 35 Ill. Adm. Code 215.)
(2) Compliance schedule. Every owner or operator of an emission
source which was previously exempt from the requirements of subpart E
(sections 215.182-215.184) of 35 Ill. Adm. Code 215 (incorporated by
reference as specified in 40 CFR 52.742) because it satisfied the
criteria in either (d)(a)(i) or (d)(2)(ii) of this section, shall comply
with the requirements of subpart E (sections 215.182-215.184) of 35 Ill.
Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742)
on and after July 1, 1991. A source which did not satisfy the criteria
in either (d)(a)(i) or (d)(2)(ii) of this section, shall comply with the
requirements of subpart E (sections 215.182-215.184) of 35 Ill. Adm.
Code 215 (incorporated by reference as specified in 40 CFR 52.742) upon
promulgation.
(i) If emissions of VOM exceed neither 6.8 kg (15 lbs) in any one
day, nor 1.4 kg (3 lbs) in any one hour, or
(ii) If the source is used exclusively for chemical or physical
analysis or for determination of product quality and commercial
acceptance, provided that the operation of the source is not an integral
part of the production process, the emissions of VOM from the source do
not exceed 363 kg (800 lbs) in any calendar month, and the exemption had
been approved in writing by the Illinois Environmental Protection
Agency.
(3) Test methods. The following test methods shall be used to
demonstrate compliance with subpart E (sections 215.182-215.184) of 35
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR
52.742):
(i) Vapor pressures shall be determined by using the procedure
specified in paragraph (a)(9) of this section.
(ii) Exhaust ventilation rates shall be determined by using the
procedures specified in paragraph (a)(4)(vi)(C) of this section.
(iii) The performance of control devices shall be determined by
using the procedures specified in paragraph (a)(4)(vi) of this section.
(e) Coating operations--(1) Emission limitations for manufacturing
plants. (i) Except as provided in paragraph (e)(3) of this section, no
owner or operator of a coating line shall apply at any time any coating
in which the VOM content exceeds the following emission limitations for
the specified coating. The following emission limitations are expressed
in units of VOM per volume of coating (minus water and any compounds
which are specifically exempted from the definition of VOM) as applied
at each coating applicator, except where noted. Compounds which are
specifically exempted from the definition of VOM should be treated as
water for the purpose of calculating the ``less water'' part of the
coating composition. Compliance with this paragraph must be demonstrated
through the applicable coating analysis test methods and procedures
specified in paragraph (a)(4)(i) of this section and the recordkeeping
and reporting requirements specified in paragraph (e)(6)(ii) of this
section. As an alternative to compliance with this paragraph, the owner
or operator of a coating line may meet the requirements of paragraph
(e)(1)(ii) or paragraph (e)(2) of this section. The equation presented
in paragraph (e)(1)(iii) of this section shall be used to calculate
emission limitations for determining compliance by add-on controls,
credits for transfer efficiency,
[[Page 437]]
emissions trades and cross-line averaging.
------------------------------------------------------------------------
kg/l lb/gal
------------------------------------------------------------------------
(A) Automobile or Light-Duty Truck Coating
(1) Prime coat...................................... 0.14 (1.2)
(2) Prime surfacer coat............................. 0.34 (2.8)
Note: The prime surfacer coat limitation is based upon a transfer
efficiency of 30 percent. Transfer efficiency credits can only be
allowed if approved by the Administrator as a SIP or FIP revision.
(3) Topcoat......................................... 1.81 (15.1)
Note: The topcoat limitation is in units of kg (lbs) of VOM per l (gal)
of coating solids deposited. Compliance with the limitation shall be
based on the daily-weighted average VOM content from the entire topcoat
operation (all topcoat spray booths, flash-off areas and bake ovens).
Compliance shall be demonstrated in accordance with the topcoat protocol
for automobiles and light-duty trucks referenced in paragraph (a)(4)(ii)
of this section. Paragraph (e)(1)(ii) of this section does not apply to
the topcoat limitation.) At least 180 days prior to the initial
compliance date, the owner or operator of a coating line subject to the
topcoat limitation shall submit to the Administrator a detailed proposal
specifying the method of demonstrating compliance with the protocol. The
proposal shall include, at a minimum, a comprehensive plan (including a
rationale) for determining the transfer efficiency at each booth through
the use of in-plant, or pilot testing; the selection of coatings to be
tested (for the purpose of determining transfer efficiency) including
the rationale for coating groupings; and the method for determining the
analytic VOM content of as applied coatings and the formulation solvent
content of as applied coatings. Upon approval of the protocol by the
Administrator, the source may proceed with the compliance demonstration.
(4) Final repair coat............................... 0.58 (4.8)
(B) Can Coating
(1) Sheet basecoat and overvarnish.................. 0.34 (2.8)
(2) Exterior basecoat and overvarnish............... 0.34 (2.8)
(3) Interior body spray coat........................ 0.51 (4.2)
(4) Exterior end coat............................... 0.51 (4.2)
(5) Side seam spray coat............................ 0.66 (5.5)
(6) End sealing compound coat....................... 0.44 (3.7)
(C) Paper Coating..................................... 0.35 (2.9)
Note: The paper coating limitation shall not apply to any owner or
operator of any paper coating line on which printing is performed if the
paper coating line complies with the emissions limitations in paragraph
(h)(1) of this section: Printing and Publishing.
(D) Coil Coating...................................... 0.31 (2.6)
(E) Fabric Coating.................................... 0.35 (2.9)
(F) Vinyl Coating..................................... 0.45 (3.8)
(G) Metal Furniture Coating........................... 0.36 (3.0)
(H) Large Appliance Coating........................... 0.34 (2.8)
Note: The limitation shall not apply to the use of quick-drying lacquers
for repair of scratches and nicks that occur during assembly, provided
that the volume of coating does not exceed 0.95 l (1 quart) in any one
rolling eight-hour period.
(I) Magnet Wire Coating............................... 0.20 (1.7)
(J) Miscellaneous Metal Parts and Products Coating
(1) Clear coating................................... 0.52 (4.3)
(2) Air-dried coating............................... 0.42 (3.5)
(3) Extreme performance coating..................... 0.42 (3.5)
(4) Steel pail and drum interior coating............ 0.52 (4.3)
(5) All other coatings.............................. 0.36 (3.0)
------------------------------------------------------------------------
------------------------------------------------------------------------
kg/l lb/gal
------------------------------------------------------------------------
(K) Heavy Off-Highway Vehicle Products Coating
(1) Extreme performance prime coat.................. 0.42 (3.5)
(2) Extreme performance top-coat (air dried)........ 0.42 (3.5)
(3) Final repair coat (air dried)................... 0.42 (3.5)
(4) All other coatings are subject to the emission limitations for
miscellaneous metal parts and products coatings in paragraph
(e)(1)(i)(J) of this section.........................................
(L) Wood Furniture Coating
(1) Clear topcoat................................... 0.67 (5.6)
(2) Opaque stain.................................... 0.56 (4.7)
(3) Pigmented coat.................................. 0.60 (5.0)
(4) Repair coat..................................... 0.67 (5.6)
(5) Sealer.......................................... 0.67 (5.6)
(6) Semi-transparent stain.......................... 0.79 (6.6)
(7) Wash coat....................................... 0.73 (6.1)
[[Page 438]]
Note: An owner or operator of a wood furniture coating operation subject
to this paragraph shall apply all coatings, with the exception of no
more than 37.8 l (10 gal) of coating per day used for touch-up and
repair operations, using one or more of the following application
systems: airless spray application system, air-assisted airless spray
application system, electrostatic spray application system,
electrostatic bell or disc spray application system, heated airless
spray application system, roller coating, brush or wipe coating
application system, or dip coating application system.
(M) Existing Diesel-Electric Locomotive Coating Lines
in Cook County
(1) Extreme performance prime coat.................. 0.42 (3.5)
(2) Extreme performance top-coat (air dried)........ 0.42 (3.5)
(3) Final repair coat (air dried)................... 0.42 (3.5)
(4) High-temperature aluminum coating............... 0.72 (6.0)
(5) All other coatings.............................. 0.36 (3.0)
------------------------------------------------------------------------
(ii) Daily-weighted average limitations. No owner or operator of a
coating line subject to the limitations of paragraph (e)(1)(i) of this
section and complying by means of paragraph (e)(1)(ii) of this section
shall operate the subject coating line unless the owner or operator has
demonstrated compliance with paragraph (e)(1) (ii)(A), (ii)(B), (ii)(C),
(ii)(D), (ii)(E) or (ii)(F) of this section (depending upon the source
category) through the applicable coating analysis test methods and
procedures specified in paragraph (a)(4)(i) of this section and the
recordkeeping and reporting requirements specified in paragraph
(e)(6)(iii) of this section.
(A) No owner or operator of a coating line subject to only one of
the limitations from among paragraph (e)(1) (i)(A)(1), (i)(A)(2),
(i)(A)(4), (i)(C), (i)(D), (i)(E), (i)(F), (i)(G), (i)(H), or (i)(I) of
this section shall apply coating on any such coating line, during any
day, whose daily-weighted average VOM content exceeds the emission
limitation to which the coatings are subject.
(B) No owner or operator of a miscellaneous metal parts and products
coating line subject to the limitations of paragraph (e)(1)(i)(J) of
this section shall apply coatings to miscellaneous metal parts or
products on the subject coating line unless the requirements in
paragraph (e)(1)(ii)(B) (1) or (2) of this section are met.
(1) For each coating line which applies multiple coatings, all of
which are subject to the same numerical emission limitation within
paragraph (e)(1)(i)(J) of this section, during the same day (e.g., all
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), the
daily-weighted average VOM content shall not exceed the coating VOM
content limit corresponding to the category of coating used, or
(2) For each coating line which applies coatings from more than one
of the four coating categories in paragraph (e)(1)(i)(J) of this
section, during the same day, the owner or operator shall submit to and
receive approval from the Administrator for a site-specific FIP
revision. To receive approval, the requirements of USEPA's Emissions
Trading Policy Statement (and related policy) must be satisfied.
(C) No owner or operator of a can coating facility subject to the
limitations of pargraph (e)(1)(i)(B) of this section shall operate the
subject coating facility using a coating with a VOM content in excess of
the limitations specified in paragrpah (e)(1)(i)(B) of this section
unless all of the following requirements are met:
(1) An alternative daily emission limitation shall be determined
according to paragraph (e)(1)(ii)(C)(2) of this section. Actual daily
emissions shall never exceed the alternative daily emission limitation
and shall be calculated by use of the following equation.
[GRAPHIC] [TIFF OMITTED] TC07NO91.004
Where:
Ed=Actual VOM emissions for the day in units of kg/day (lbs/
day),
i=Subscript denoting a specific coating applied,
n=Total number of coatings applied in the can coating operation,
Vi=Volume of each coating applied for the day in units of l/
day (gal/day) of coating (minus water and any compounds which are
specifically exempted from the definition of VOM), and
[[Page 439]]
Ci=The VOM content of each coating as applied in units of kg
VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are
specifically exempted from the definition of VOM).
(2) The alternative daily emission limitation (Ad) shall
be determined on a daily basis as follows:
[GRAPHIC] [TIFF OMITTED] TC07NO91.005
Where:
Ad=The VOM emissions allowed for the day in units of kg/day
(lbs/day),
i=Subscript denoting a specific coating applied,
n=Total number of surface coatings applied in the can coating operation,
Ci=The VOM content of each surface coating as applied in
units of kg VOM/l (lbs VOM/gal) of coating (minus water and any
compounds which are specifically exempted from the definition of VOM),
Di=The density of VOM in each coating applied. For the
purposes of calculating Ad, the density is 0.882 kg VOM/l VOM
(7.36 lbs VOM/gal VOM),
Vi=Volume of each surface coating applied for the day in
units of l (gal) of coating (minus water and any compounds which are
specifically exempted from the definition of VOM),
Li=The VOM emission limitation for each surface coating
applied as specified in paragraph (e)(1)(i)(B) of this section in units
of kg VOM/l (lbs VOM/gal) of coating (minus water and any compounds
which are specifically exempted from the definition of VOM).
(D) No owner or operator of a heavy off-highway vehicle products
coating line subject to the limitations of paragraph (e)(1)(i)(K) of
this section shall apply coatings to heavy off-highway vehicle products
on the subject coating line unless the requirements of paragraph
(e)(1)(ii)(D) (1) or (2) of this section are met.
(1) For each coating line which applies multiple coatings, all of
which are subject to the same numerical emission limitation within
paragraph (e)(1)(i)(K) of this section, during the same day (e.g., all
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gal]), the
daily-weighted average VOM content shall not exceed the coating VOM
content limit corresponding to the category of coating used, or
(2) For each coating line which applies coatings subject to more
than one numerical emission limitation in paragraph (e)(1)(i)(K) of this
section, during the same day, the owner or operator shall submit to and
receive approval from the Administrator for a site-specific FIP
revision. To receive approval, the requirements of USEPA's Emissions
Trading Policy Statement (and related policy) must be satisfied.
(E) No owner or operator of a wood furniture coating line subject to
the limitations of paragraph (e)(1)(i)(L) of this section shall apply
coatings to wood furniture on the subject coating line unless the
requirements of paragraph (e)(1)(ii)(E) (1) or (2) of this section, in
addition to the requirements specified in the note to paragraph
(e)(1)(i)(L) of this section, are met.
(1) For each coating line which applies multiple coatings, all of
which are subject to the same numerical emission limitation within
paragraph (e)(1)(i)(L) of this section, during the same day (e.g., all
coatings used on the line are subject to 0.67 kg/l [5.6 lbs/gal]), the
daily-weighted average VOM content shall not exceed the coating VOM
content limit corresponding to the category of coating used, or
(2) For each coating line which applies coatings subject to more
than one numerical emission limitation in paragraph (e)(1)(i)(L) of this
section, during the same day, the owner or operator shall submit to and
receive approval from the Administrator for a site-specific FIP
revision. To receive approval, the requirements of USEPA's Emissions
Trading Policy Statement (and related policy) must be satisfied.
(F) No owner or operator of an existing diesel-electric locomotive
coating line in Cook County, subject to the limitations of paragraph
(e)(1)(i)(M) of this section shall apply coatings to diesel-electric
locomotives on the subject coating line unless the requirements of
paragraph (e)(1)(ii)(F) (1) or (2) of this section are met.
(1) For each coating line which applies multiple coatings, all of
which are subject to the same numerical emission limitation within
paragraph (e)(1)(i)(M) of this section, during the same day (e.g., all
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/
[[Page 440]]
gal]), the daily-weighted average VOM content shall not exceed the
coating VOM content limit corresponding to the category of coating used,
or
(2) For each coating line which applies coatings subject to more
than one numerical emission limitation in paragraph (e)(1)(i)(M) of this
section, during the same day, the owner or operator shall submit to and
receive approval from the Administrator for a site-specific FIP
revision. To receive approval, the requirements of USEPA's Emissions
Trading Policy Statement (and related policy) must be satisfied.
(iii) Limitations in terms of kg (lbs) of VOM emissions per l (gal)
of solids as applied at each coating applicator shall be determined by
the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.006
Where:
S=The limitation on VOM emissions in terms of kg VOM/l (lbs VOM/gal) of
solids,
C=The limitation on VOM emissions in terms of kg/l (lbs/gal) of coating
(minus water and any compounds which are specifically excluded from the
definition of VOM) specified in paragraph (e)(1)(i) of this section,
D=The density of VOM in the coating. For the purposes of calculating S,
the density is 0.882 kg VOM/l VOM (7.36 lbs VOM/gal VOM).
(2) Alternative emission limitations. Any owner or operator of a
coating line subject to paragraph (e)(1) of this section may comply with
this paragraph, rather than with paragraph (e)(1) of this section, if a
capture system and control device are operated at all times and the
owner or operator demonstrates compliance with paragraphs (e)(2) (ii),
(iii), (iv), (v), (vi) or (vii) of this section (depending upon the
source category) through the applicable coating analysis and capture
system and control device efficiency test methods and procedures
specified in paragraph (a)(4) of this section and the recordkeeping and
reporting requirements specified in paragraph (e)(6)(iv) of this
section; and the control device is equipped with the applicable
monitoring equipment specified in paragraph (a)(4)(iv) of this section
and the monitoring equipment is installed, calibrated, operated and
maintained according to vendor specifications at all times the control
device is in use. The use of a capture system and control device, which
does not demonstrate compliance with paragraph (e)(2) (ii), (iii), (iv),
(v), (vi), or (vii), may only be used as an alternative to compliance
with paragraph (e)(1) of this section if approved as a FIP revision.
(i) Alternative add-on control methodologies. (A) The coating line
is equipped with a capture system and control device that provides 81
percent reduction in the overall emissions of VOM from the coating line
and the control device has a 90 percent efficiency, or
(B) The system used to control VOM from the coating line is
demonstrated to have an overall efficiency sufficient to limit VOM
emissions to no more than what is allowed under paragraph (e)(1) of this
section. Use of any control system other than an afterburner, carbon
absorption, condensation, or absorption scrubber system can only be
allowed if approved by the Administrator as a SIP or FIP revision.
Transfer efficiency credits can only be allowed if approved by the
Administrator as a SIP or FIP revision. Baseline transfer efficiencies
and transfer efficiency test methods must be approved by the
Administrator.
Such overall efficiency is to be determined as follows:
(1) Obtain the emission limitation from the appropriate paragraph in
(e)(1) of this section,
(2) Calculate ``S'' according to the equation in paragraph
(e)(1)(iii) of this section,
(3) Calculate the overall efficiency required according to paragraph
(a)(4)(v) of this section. For the purposes of calculating this value,
according to the equation in (a)(4)(v)(B) of this section
VOM1 is equal to the value of ``S'' as determined above in
(i)(B)(2).
(ii) No owner or operator of a coating line subject to only one of
the emission limitations from among paragraph (e)(1)(i)(A)(1),
(e)(1)(i)(A)(2), (e)(1)(i)(A)(4), (e)(1)(i)(C), (e)(1)(i)(D),
(e)(1)(i)(E), (e)(1)(i)(F), (e)(1)(i)(G),
[[Page 441]]
(e)(1)(i)(H), or (e)(1)(i)(I) of this section and equipped with a
capture system and control device shall operate the subject coating line
unless the requirements in paragraph (e)(2)(i) (A) or (B) of this
section are met. No owner or operator of a coating line subject to
paragraph (e)(1)(i)(A)(3) of this section and equipped with a capture
system and control device shall operate the coating line unless the
owner or operator demonstrates compliance with the topcoat limitation in
accordance with the topcoat protocol for automobile or light-duty trucks
referenced in paragraph (a)(4)(ii) of this section.
(iii) No owner or operator of a miscellaneous metal parts and
products coating line which applies one or more coatings during the same
day, all of which are subject to the same numerical emission limitation
within paragraph (e)(1)(i)(J) of this section (e.g., all coatings used
on the line are subject to 0.42 kg/l [3.5 lbs/gal]), and which is
equipped with a capture system and control device shall operate the
subject coating line unless the requirements in paragraph (e)(2)(i) (A)
or (B) of this section are met.
(iv) No owner or operator of a heavy off-highway vehicle products
coating line which applies one or more coatings during the same day, all
of which are subject to the same numerical emission limitation within
paragraph (e)(1)(i)(K) of this section (e.g., all coatings used on the
line are subject to 0.42 kg/l [3.5 lbs/gal]), and which is equipped with
a capture system and control device shall operate the subject coating
line unless the requirements in paragraph (e)(2)(i) (A) or (B) of this
section are met.
(v) No owner or operator of an existing diesel-electric locomotive
coating line in Cook County which applies one or more coatings during
the same day, all of which are subject to the same numerical emission
limitation within paragraph (e)(1)(i)(M) of this section (e.g., all
coatings used on the line are subject to 0.42 kg/l [3.5 lbs/gals]), and
which is equipped with a capture system and control device shall operate
the subject coating line unless the requirements in paragraph (e)(2)(i)
(A) or (B) of this section are met.
(vi) No owner or operator of a wood furniture coating line which
applies one or more coatings during the same day, all of which are
subject to the same numerical emission limitation within paragraph
(e)(1)(i)(L) (e.g., all coatings used on the line are subject to 0.67
kg/l [5.6 lbs/gal]), and which is equipped with a capture system and
control device shall operate the subject coating line unless the
requirements in paragraph (e)(2)(i) (A) or (B) of this section are met.
If compliance is achieved by meeting the requirements in paragraph
(e)(2)(i)(B) of this section, then the provisions in the note to
paragraph (e)(1)(i)(L) of this section must also be met.
(vii) No owner or operator of a can coating facility and equipped
with a capture system and control device shall operate the subject
coating facility unless the requirements in paragraph (e)(2)(vii) (A) or
(B) of this section are met.
(A) An alternative daily emission limitation shall be determined
according to paragraph (e)(1)(ii)(C)(2) of this section. Actual daily
emissions shall never exceed the alternative daily emission limitation
and shall be calculated by use of the following equation:
[GRAPHIC] [TIFF OMITTED] TC07NO91.007
Where:
Ed=Actual VOM emissions for the day in units of kg/day (lbs/
day),
i=Subscript denoting the specific coating applied,
n=Total number of surface coatings as applied in the can coating
operation,
Vi=Volume of each coating as applied for the day in units of
1/day (gal/day) of coating (minus water and any compounds which are
specifically exempted from the definition of VOM),
Ci=The VOM content of each coating as applied in units of kg
VOM/l (lbs VOM/gal) of coating (minus water and any compounds which are
specifically exempted from the definition of VOM), and
Fi=Fraction, by weight, of VOM emissions from the surface
coating, reduced or prevented from being emitted to the ambient air.
This is the overall efficiency of the capture system and control device.
(B) The coating line is equipped with a capture system and control
device
[[Page 442]]
that provide 75 percent reduction in the overall emissions of VOM from
the coating line and the control device has a 90 percent efficiency.
(3) Exemptions from emission limitations--(i) Exemptions for all
source categories except wood furniture coating. The limitations of
paragraph (e) of this section shall not apply to coating lines within a
facility, that otherwise would be subject to the same subparagraph of
paragraph (e)(1)(i) of this section (because they belong to the same
source category, e.g. can coating), provided that combined actual
emissions of VOM from all lines at the facility subject to that
subparagraph never exceed 6.8 kg/day (15 lbs/day) before the application
of capture systems and control devices. (For example, can coating lines
within a plant would not be subject to the limitations of subparagraph
(e)(1)(i)(B) of this section if the combined actual emissions of VOM
from the can coating lines never exceed 6.8 kg/day (15 lbs/day) before
the application of capture systems and control devices.) Volatile
organic material emissions from heavy off-highway vehicle products
coating lines must be combined with VOM emissions from miscellaneous
metal parts and products coating lines to determine applicability. Any
owner or operator of a coating facility shall comply with the applicable
coating analysis test methods and procedures specified in paragraph
(a)(4)(i) of this section and the recordkeeping and reporting
requirements specified in paragraph (e)(6)(i) of this section if total
VOM emissions from the subject coating lines are always less than or
equal to 6.8 kg/day (15 lbs/day) before the application of capture
systems and control devices and, therefore, are not subject to the
limitations of paragraph (e)(1) of this section. Once a category of
coating lines at a facility is subject to the limitations in paragraph
(e)(1) of this section, the coating lines are always subject to the
limitations in paragraph (e)(1) of this section.
(ii) Applicability for wood furniture coating. (A) The limitations
of paragraph (e) of this section shall apply to a plant's wood furniture
coating lines if the plant contains process emission sources, not
regulated by paragraphs (d), (e) (excluding paragraph (e)(1)(i)(L)), (h)
(excluding paragraph (h)(5)), (i), (j), or (q)(1), or subparts B, Q
(excluding sections 215.432 and 215.436), R (excluding sections 215.447,
215.450, and 215.452), S, V, X, Y (sections 215.582-215.584), or Z of 35
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR
52.742), which as a group both:
(1) Have maximum theoretical emissions of 91 Mg (100 tons) or more
per calendar year of VOM if no air pollution control equipment were
used, and
(2) Are not limited to less than 91 Mg (100 tons) of VOM per
calendar year if no air pollution control equipment were used, through
production or capacity limitations contained in a federally enforceable
construction permit or SIP or FIP version.
(B) If a plant ceases to fulfill the criteria of paragraph
(e)(3)(ii)(A) of this section, the limitations of paragraph (e)(1)(i)(L)
of this section shall continue to apply to any wood furniture coating
line which was ever subject to the limitations of paragraph (e)(1)(i)(L)
of this section.
(C) For the purposes of paragraph (e)(3)(ii) of this section, an
emission source shall be considered regulated by a subpart (of the
Illinois rules), section, or paragraph if it is subject to the
limitations of that subpart (of the Illinois rules), section, or
paragraph. An emission source is not considered regulated by a subpart
(of the Illinois rules), section, or paragraph if its emissions are
below the applicability cutoff level or if the source is covered by an
exemption.
(D) Any owner or operator of a wood furniture coating line to which
the limitations of paragraph (e) of this section are not applicable due
to the criteria in paragraph (e)(3)(ii) of this section shall, upon
request by the Administrator, submit records to the Administrator within
30 calendar days from the date of the request that document that the
coating line is exempt from the limitations of paragraph (e) of this
section.
(4) Exemption from general rule on use of organic material. No owner
or operator of a coating line subject to the limitations of paragraph
(e)(1) of this section is required to meet the limitations of subpart K
(section 215.301 or
[[Page 443]]
215.302) of 35 Ill. Adm. Code 215 (incorporated by reference as
specified in 40 CFR 52.742), after the date by which the coating line is
required to meet paragraph (e)(1) of this section.
(5) Compliance schedule. Except as specified in paragraph (e)(7) of
this section, every owner or operator of a coating line (of a type
included within paragraph (e)(1)(i) of this section) shall comply with
the requirements of paragraph (e)(1),(e)(2) or (e)(3) of this section
and paragraph (e)(6) of this section in accordance with the appropriate
compliance schedule as specified in paragraph (e)(5)(i),(ii),(iii) or
(iv) of this section.
(i) No owner or operator of a coating line which is exempt from the
limitations of paragraph (e)(1) of this section because of the criteria
in paragraph (e)(3)(i) of this section shall operate said coating line
on or after July 1, 1991, unless the owner or operator has complied
with, and continues to comply with, paragraph (e)(6)(i) of this section.
Wood furniture coating lines are not subject to paragraph (e)(6)(i) of
this section.
(ii) No owner or operator of a coating line complying by means of
paragraph (e)(1)(i) of this section shall operate said coating line on
or after July 1, 1991, unless the owner or operator has complied with,
and continues to comply with, paragraphs (e)(1)(i) and (e)(6)(ii) of
this section.
(iii) No owner or operator of a coating line complying by means of
paragraph (e)(1)(ii) of this section shall operate said coating line on
or after July 1, 1991, unless the owner or operator has complied with,
and continues to comply with, paragraphs (e)(1)(ii) and (e)(6)(iii) of
this section.
(iv) No owner or operator of a coating line complying by means of
paragraph (e)(2) of this section shall operate said coating line on or
after July 1, 1991, unless the owner or operator has complied with, and
continues to comply with, paragraphs (e)(2) and (e)(6)(iv) of this
section.
(6) Recordkeeping and reporting. The VOM content of each coating and
the efficiency of each capture system and control device shall be
determined by the applicable test methods and procedures specified in
paragraph (a)(4) of this section to establish the records required under
paragraph (e)(6) of this section.
(i) Any owner or operator of a coating line which is exempted from
the limitations of paragraph (e)(1) of this section because of paragraph
(e)(3)(i) of this section shall comply with the following:
(A) By July 1, 1991, the owner or operator of a facility referenced
in paragraph (e)(6)(i) of this section shall certify to the
Administrator that the facility is exempt under the provisions of
paragraph (e)(3)(i) of this section. Such certification shall include:
(1) A declaration that the facility is exempt from the limitations
of paragraph (e)(1) of this section because of paragraph (e)(3)(i) of
this section; and
(2) Calculations which demonstrate that the combined VOM emissions
from all coating lines at the facility never exceed 6.8 kg (15 lbs) per
day before the application of capture systems and control devices. The
following equation shall be used to calculate total VOM emissions:
[GRAPHIC] [TIFF OMITTED] TC07NO91.008
Where:
Te=Total VOM emissions from coating lines at a facility each
day before the application of capture systems and control devices in
units of kg/day (lbs/day),
m=Number of coating lines at the facility,
j=Subscript denoting an individual coating line,
n=Number of different coatings as applied each day on each coating line
at the facility,
i=Subscript denoting an individual coating,
Ai=Weight of VOM per volume of each coating (minus water and
any compounds which are specifically exempted from the definition of
VOM) as applied each day on each coating line at the facility in units
of kg VOM/l (lbs VOM/gal), and
Bi=Volume of each coating (minus water and any compounds
which are specifically exempted from the definition of VOM) as applied
each day on each coating line at the facility in units of l/day (gal/
day). The instrument or method by which the owner or operator accurately
measured or calculated the volume of each coating as applied on each
coating line each day shall be described in the certification to the
Administrator.
[[Page 444]]
(B) On and after July 1, 1991, the owner or operator of a facility
referenced in paragraph (e)(6)(i) of this section shall collect and
record all of the following information each day for each coating line
and maintain the information at the facility for a period of three
years:
(1) The name and identification number of each coating as applied on
each coating line.
(2) The weight of VOM per volume and the volume of each coating
(minus water and any compounds which are specifically exempted from the
definition of VOM) as applied each day on each coating line.
(C) On and after July 1, 1991, the owner or operator of a facility
exempted from the limitations of paragraph (e)(1) of this section
because of paragraph (e)(3)(i) of this section shall notify the
Administrator of any record showing that total VOM emissions from the
coating facility exceed 6.8 kg (15 lbs) in any day before the
application of capture systems and control devices shall be reported by
sending a copy of such record to the Administrator within 30 days after
the exceedance occurs.
(ii) Any owner or operator of a coating line subject to the
limitations of paragraph (e)(1) of this section and complying by means
of paragraph (e)(1)(i) of this section shall comply with the following:
(A) By July 1, 1991, or upon initial start-up of a new coating line,
or upon changing the method of compliance from an existing subject
coating line from paragraph (e)(1)(ii) or paragraph (e)(2) to paragraph
(e)(1)(i) of this section; the owner or operator of a subject coating
line shall certify to the Administrator that the coating line will be in
compliance with paragraph (e)(1)(i) of this section on and after July 1,
1991, or on and after the initial start-up date. Such certification
shall include:
(1) The name and identification number of each coating as applied on
each coating line.
(2) The weight of VOM per volume of each coating (minus water and
any compounds which are specifically exempted from the definition of
VOM) as applied each day on each coating line.
(3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this
section, certification shall include:
(i) The name and identification number of each coating line which
will comply by means of paragraph (e)(1)(i)(A)(3) of this section,
(ii) The name and identification number of each coating as applied
on each coating line,
(iii) The weight of VOM per volume of each coating as applied on
each coating line,
(iv) The instrument or method by which the owner or operator will
accurately measure or calculate the volume of each coating as applied
each day on each coating line,
(v) The method by which the owner or operator will create and
maintain records each day as required in paragraph (e)(6)(ii)(B) of this
section for coating lines subject to paragraph (e)(1)(i)(A)(3) of this
section,
(vi) An example format in which the records required in paragraph
(e)(6)(ii)(B) of this section for coating lines subject to paragraph
(e)(1)(i)(A)(3) of this section.
(B) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a coating line subject to the limitations
of paragraph (e)(1) of this section and complying by means of paragraph
(e)(1)(i) of this section shall collect and record all of the following
information each day for each coating line and maintain the information
at the facility for a period of three years:
(1) The name and identification number of each coating as applied on
each coating line.
(2) The weight of VOM per volume of each coating (minus water and
any compounds which are specifically exempted from the definition of
VOM) as applied each day on each coating line.
(3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this
section, the owner or operator shall maintain all records necessary to
calculate the daily-weighted average VOM content from the coating line
in accordance with the proposal submitted, and approved by the
Administrator, pursuant to paragraph (e)(1)(A)(3) of this section.
(C) On and after July 1, 1991, the owner or operator of a subject
coating
[[Page 445]]
line shall notify the Administrator in the following instances:
(1) Any record showing violation of paragraph (e)(1)(i) of this
section shall be reported by sending a copy of such record to the
Administrator within 30 days following the occurrence of the violation,
except that any record showing a violation of paragraph (e)(1)(i)(A)(3)
of this section shall be reported by sending a copy of such record to
the Administrator within 15 days from the end of the month in which the
violation occurred.
(2) At least 30 calendar days before changing the method of
compliance with paragraph (e)(1) of this section from paragraph
(e)(1)(i) to paragraph (e)(1)(ii) or paragraph (e)(2) of this section,
the owner or operator shall comply with all requirements of paragraph
(e)(6) (iii)(A) or (iv)(A) of this section, respectively. Upon changing
the method of compliance with paragraph (e)(1) of this section from
paragraph (e)(1)(i) to paragraph (e)(1)(ii) or paragraph (e)(2) of this
section, the owner or operator shall comply with all requirements of
paragraph (e)(6) (iii) or (iv) of this section, respectively.
(3) For coating lines subject to paragraph (e)(1)(i)(A)(3) of this
section, the owner or operator shall notify the Administrator of any
change to the topcoating operation at least 30 days before the change is
effected. The Administrator shall determine whether or not
recertification testing is required. If the Administrator determines
that recertification testing is required, then the owner or operator
shall submit a proposal to the Administrator to test within 30 days and
retest within 30 days of the Administrator's approval of the proposal.
(iii) Any owner or operator of a coating line subject to the
limitations of paragraph (e)(1) of this section and complying by means
of paragraph (e)(1)(ii) of this section shall comply with the following:
(A) By July 1, 1991, or upon initial start-up of a new coating line,
or upon changing the method of compliance for an existing subject
coating line from paragraph (e)(1)(i) or paragraph (e)(2) to paragraph
(e)(1)(ii) of this section; the owner or operator of the subject coating
line shall certify to the Administrator that the coating line will be in
compliance with paragraph (e)(1)(ii) of this section on and after July
1, 1991, or on and after the initial start-up date. Such certification
shall include:
(1) The name and identification number of each coating line which
will comply by means of paragraph (e)(1)(ii) of this section.
(2) The name and identification number of each coating as applied on
each coating line.
(3) The weight of VOM per volume and the volume of each coating
(minus water and any compounds which are specifically exempted from the
definition of VOM) as applied each day on each coating line.
(4) The instrument or method by which the owner or operator will
accurately measure or calculate the volume of each coating as applied
each day on each coating line.
(5) The method by which the owner or operator will create and
maintain records each day as required in paragraph (e)(6)(iii)(B) of
this section.
(6) An example of the format in which the records required in
paragraph (e)(6)(iii)(B) of this section will be kept.
(B) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a coating line subject to the limitations
of paragraph (e)(1) of this section and complying by means of paragraph
(e)(1)(ii) of this section, shall collect and record all of the
following information each day for each coating line and maintain the
information at the facility for a period of three years:
(1) The name and identification number of each coating as applied on
each coating line.
(2) The weight of VOM per volume and the volume of each coating
(minus water and any compounds which are specifically exempted from the
definition of VOM) as applied each day on each coating line.
(3) The daily-weighted average VOM content of all coatings as
applied on each coating line as defined in paragraph (a)(3) of this
section.
(C) On and after July 1, 1991, the owner or operator of a subject
coating line shall notify the Administrator in the following instances:
[[Page 446]]
(1) Any record showing violation of paragraph (e)(1)(ii) of this
section shall be reported by sending a copy of such record to the
Administrator within 30 days following the occurrence of the violation.
(2) At least 30 calendar days before changing the method of
compliance with paragraph (e) from paragraph (e)(1)(ii) to paragraph
(e)(1)(i) or paragraph (e)(2) of this section, the owner or operator
shall comply with all requirements of paragraph (e)(6)(ii)(A) or
(iv)(A), respectively. Upon changing the method of compliance with
paragraph (e) from paragraph (e)(1)(ii) to paragraph (e)(1)(i) or
paragraph (e)(2) of this section, the owner or operator shall comply
with all requirements of paragraph (e)(6)(ii) or (iv), respectively.
(iv) Any operator or owner of a coating line subject to the
limitations of paragraph (e)(2) of this section and complying by means
of paragraph (e)(2)(ii), (iii), (iv), (v), (vi) or (vii) of this section
shall comply with the following:
(A) By July 1, 1991, or upon initial start-up of a new coating line,
or upon changing the method of compliance for an existing coating line
from paragraph (e)(1) (i) or (ii) to paragraph (e)(2) of this section;
the owner or operator of the subject coating line shall perform all
tests and submit to the Administrator the results of all tests and
calculations necessary to demonstrate that the subject coating line will
be in compliance with paragraph (e)(2) of this section on and after July
1, 1991, or on and after the initial start-up date.
(B) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a coating line subject to the limitations
of paragraph (e)(2) of this section and complying by means of paragraph
(e)(2) (ii), (iii), (iv), (v), (vi) or (vii) of this section shall
collect and record all of the following information each day for each
coating line and maintain the information at the facility for a period
of three years:
(1) The weight of VOM per volume of coating solids as applied each
day on each coating line, if complying pursuant to paragraph
(e)(2)(i)(B) of this section.
(2) Control device monitoring data.
(3) A log operating time for the capture system, control device,
monitoring equipment and the associated coating line.
(4) A maintenance log for the capture system, control device and
monitoring equipment detailing all routine and non-routine maintenance
performed including dates and duration of any outages.
(C) On and after July 1, 1991, the owner or operator of a subject
coating line shall notify the Administrator in the following instances:
(1) Any record showing violation of paragraph (e)(2) of this section
shall be reported by sending a copy of such record to the Administrator
within 30 days following the occurrence of the violation.
(2) At least 30 calendar days before changing the method of
compliance with paragraph (e) from paragraph (e)(2) to paragraph
(e)(1)(i) or paragraph (e)(1)(ii) of this section, the owner or operator
shall comply with all requirements of paragraph (e)(6)(ii)(A) or
(iii)(A) of this section, respectively. Upon changing the method of
compliance with paragraph (e) from paragraph (e)(2) to paragraph
(e)(1)(i) or paragraph (e)(1)(ii) of this section, the owner or operator
shall comply with all requirements of paragraph (e)(6)(ii) or (iii) of
this section, respectively.
(7) Compliance schedule for diesel electric locomotive coatings.
Notwithstanding any other provision of this subpart, the compliance date
for the emission limitations and standards for ``topcoat'' and ``final
repair coat'' operations only as applied to General Motors Corporation
at their diesel electric locomotive coating lines in Cook County,
Illinois, codified at 40 CFR 52.741(e)(1)(i)(M) (2) and (3) is specified
in this paragraph (e)(7). Compliance with the requirements of paragraph
(e)(1), (e)(2) or (e)(3) of this section and paragraph (e)(6) of this
section must be in accordance with the appropriate compliance schedule
as specified in paragraph (e)(7)(i),(ii),(iii), or (iv) of this section.
(i) No owner or operator of a coating line which is exempt from the
limitations of paragraph (e)(1) of this section because of the criteria
in paragraph
[[Page 447]]
(e)(3)(i) of this section shall operate said coating line on or after
March 25, 1995, unless the owner or operator has complied with, and
continues to comply with, paragraph (e)(6)(i) of this section.
(ii) No owner or operator of a coating line complying by means of
paragraph (e)(1)(i) of this section shall operate said coating line on
or after March 25, 1995, unless the owner or operator has complied with,
and continues to comply with, paragraph (e)(1)(i) and (e)(6)(ii) of this
section.
(iii) No owner or operator of a coating line complying by means of
paragraph (e)(1)(ii) of this section shall operate said coating line on
or after March 25, 1995, unless the owner or operator has complied with,
and continues to comply with, paragraphs (e)(1)(ii) and (e)(6)(iii) of
this section.
(iv) No owner or operator of a coating line complying by means of
paragraph (e)(2) of this section shall operate said coating line on or
after March 25, 1995, unless the owner or operator has complied with,
and continues to comply with, paragraphs (e)(2) and (e)(6)(iv) of this
section.
(8) The control requirements in this paragraph apply to the wood
coating line, which coats wooden globe stand components, at Replogle
Globes, Inc. (Replogle) Broadview facility in Cook County, Illinois,
instead of the control requirements in paragraphs (e)(1) and (e)(2) of
this section. Compliance with this paragraph must be demonstrated
through the applicable coating analysis test methods and procedures
specified in paragraph (a)(4)(i) of this section.
(i) After October 6, 1991, no coatings shall at any time be applied
which exceed the following emission limitations for the specified
coating.
(A) 6.59 pounds (lbs) Volatile Organic Material (VOM) per gallon of
stain (minus water and any compounds which are specifically exempted
from the definition of VOM) as applied to coat wooden globe stand
components. Such stain consists of 9250 Walnut NGR Stain (RGI
W06000100), 9974 Cherry NGR Stain (RGI W06003500) and 9943 Ash NGR
Stain (RGI W06003600). The Administrator must be notified at least ten
(10) days prior to the use of any replacement stains.
(B) 5.53 lbs VOM per gallon of Sanding Sealer (minus water and any
compounds which are specifically exempted from the definition of VOM) as
applied to coat wooden globe stand components. Such sealer consists of
15304 High Build Sanding Sealer (RGI W06003700). The Administrator
must be notified at least ten (10) days prior to the use of any
replacement sanding sealer.
(C) 5.20 lbs VOM per gallon of lacquer (minus water and any
compounds which are specifically exempted from the definition of VOM) as
applied to coat wooden globe stand components. Such lacquer consists of
15352 High Build Lacquer (RGI W06003300). The Administrator shall be
notified at least ten (10) days prior to the use of any replacement
lacquer.
(ii) After October 6, 1991, the volume of coatings used shall not
exceed the following:
(A) 5,000 gallons per year total for all coatings specified in
paragraph (e)(8)(i)(A) of this section. The yearly volume of coatings
used are to be calculated as follows:
(1) Compute the volume of specified coating used each month by the
15th of the following month.
(2) By the 15th of each month, add the monthly coating use for the
12 previous months (to obtain the yearly volume of coatings used).
(B) 4,000 gallons per year total for all coatings specified in
paragraph (e)(8)(i)(B) of this section. The yearly volume of the
coatings used are to be calculated as specified in paragraphs
(e)(8)(ii)(A)(1) and (e)(8)(ii)(A)(2) of this section.
(C) 5,000 gallons per year total for all coatings specified in
paragraph (e)(8)(i)(C) of this section. The yearly volume of coatings
used are to be calculated as specified in paragraphs (e)(8)(ii)(A)(1)
and (e)(8)(ii)(A)(2) of this section.
(iii) Beginning on October 6, 1991, the owner and operator of the
Replogle Globes, Inc. plant in Broadview, Illinois shall keep the
following records for each month. All records shall be retained at
Replogle Globes, Inc. for three (3) years and shall be made available to
the Administrator on request.
[[Page 448]]
(A) the name and identification number of each coating as applied on
any wood coating line.
(B) The weight of VOM per volume (determined in accordance with the
procedures in paragraph (a)(4)(i) of this section) and the volume of
each coating (minus water and any compounds which are specifically
exempted from the definition of VOM) as applied each month on any wood
coating line.
(9) [Reserved]
(10) Until December 31, 1996, the control and recordkeeping
requirements in this paragraph apply to the three solvent-based
polyester paper coating lines (Lines C, D and E) at Riverside
Laboratories' Kane County, Illinois facility, instead of the control
requirements in paragraphs (e)(1) and (e)(2) of this section and the
recordkeeping requirements in paragraph (e)(6) of this section.
Compliance with this paragraph must be demonstrated through the
applicable coating analysis test methods and procedures specified in
paragraph (a)(4)(i) of this section. The requirements in paragraphs
(e)(1), (e)(2), and (e)(6) of this section shall apply to Riverside on
and after December 31, 1996.
(i) After December 21, 1995, no coatings shall at any time be
applied on Lines C, D or E which exceed 3.5 pounds (lbs.) volatile
organic material (VOM) per gallon of coating (minus water and any
compounds which are specifically exempted from the definition of VOM),
except as provided in paragraph (e)(10)(ii) of this section.
(ii) After December 21, 1995, the following specifically identified
coatings may exceed 3.5 lbs. VOM per gallon of coating (minus water and
any compounds which are specifically exempted from the definition of
VOM) only if they are applied on Line E and they do not exceed the
limits indicated below (minus water and any compounds which are
specifically exempted from the definition of VOM):
EXP-5027--4.34 lbs./gallon
PD 75 CLR--4.19 lbs./gallon
PD 75 BRN--4.18 lbs./gallon
SQZ-54--3.88 lbs./gallon
SPX-34GL--3.51 lbs./gallon
(iii) That portion of Riverside's polyester production which is
manufactured with the use of any VOC, from Lines C, D, and E, may not
exceed the following levels: 35 million square feet per year during and
after 1992, 29 million square feet per year during and after 1994, and
25 million square feet during 1996. Compliance with this requirement
shall be determined by adding the polyester production from any 12
consecutive months during and after the years indicated, through 1996.
That is, the polyester production for any 12 consecutive months starting
with January 1992 cannot exceed 35 million square feet; the polyester
production from any 12 consecutive months starting with January 1994
cannot exceed 29 million square feet; and the polyester production for
the twelve months from January through December 1996 cannot exceed 25
million square feet. Only those square feet of polyester whose
production involves the use of VOC need to be restricted by the
production levels in this paragraph (e)(10)(iii) of this section.
(iv) By December 21, 1995, Riverside shall certify to the
Administrator that its polyester coating operations will be in
compliance with paragraphs (e)(10)(i), (e)(10)(ii), and (e)(10)(iii) of
this section. Such certification shall include the following:
(A) The name and identification number of each coating as applied on
coating lines C, D and E.
(B) The weight of VOM per volume of each coating (minus water and
any compounds which are specifically exempted from the definition of
VOM) as applied on each coating line.
(v) The Administrator must be notified at least 10 days prior to the
use of any polyester coating not previously identified pursuant to
paragraph (e)(10)(iv) of this section. This notification must include
the information specified in paragraphs (e)(10)(iv)(A) and
(e)(10)(iv)(B) of this section.
(vi) On and after December 21, 1995, Riverside shall collect and
record all of the following information each day for each coating and
maintain the information at the facility for a period of 3 years:
(A) The name and identification number of each coating as applied.
(B) The weight of VOM per volume of each coating (minus water and
any
[[Page 449]]
compounds which are specifically exempted from the definition of VOM) as
applied each day.
(C) Any record showing a VOM content in excess of the emission
limits in paragraph (e)(10)(i) or (e)(10)(ii) of this section shall be
reported by sending a copy of such record to the Administrator within 30
days following its collection.
(D) Any VOM besides acetone used in any coating must be identified.
(vii) Starting with the first full month after December 21, 1995,
Riverside shall collect and record the figures on polyester production
(in square feet), for each month and maintain the information at the
facility for a period of at least 3 years.
(viii) Regardless of any other provision of paragraph (e)(10) of
this section, after August 21, 1995 no coating which contains any VOM
other than acetone shall at any time be applied on Line C, D, or E which
exceeds 2.9 lbs. VOM per gallon of coating (minus water and any
compounds which are specifically exempted from the definition of VOM).
(f)-(g) [Reserved]
(h) Printing and publishing--(1) Flexographic and rotogravure
printing. (i) No owner or operator of a subject flexographic, packaging
rotogravure or publication rotogravure printing line shall apply at any
time any coating or ink unless the VOM content does not exceed the
limitation specified in either paragraph (h)(1)(i)(A) or (B) of this
section. Compliance with this paragraph must be demonstrated through the
applicable coating or ink analysis test methods and procedures specified
in paragraph (a)(4)(i) of this section and the recordkeeping and
reporting requirements specified in paragraph (h)(4)(ii) of this
section. As an alternative to compliance with paragraph (h)(1)(i) of
this section, a subject printing line may meet the requirements of
paragraph (h)(1)(ii) or (iii) of this section.
(A) Forty percent VOM by volume of the coating and ink (minus water
and any compounds which are specifically exempted from the definition of
VOM), or
(B) Twenty-five percent VOM by volume of the volatile content in the
coating and ink.
(ii) No owner or operator of a subject flexographic, packaging
rotogravure or publication rotogravure printing line shall apply
coatings or inks on the subject printing line unless the weighted
average, by volume, VOM content of all coatings and inks as applied each
day on the subject printing line does not exceed the limitation
specified in either paragraph (h)(1)(i)(A) (as determined by paragraph
(h)(1)(ii)(A) or (h)(1)(i)(B) (as determined by paragraph (h)(1)(ii)(B)
of this section. Compliance with this paragraph must be demonstrated
through the applicable coating or ink analysis test methods and
procedures specified in paragraph (a)(4)(i) of this section and the
recordkeeping and reporting requirements specified in paragraph
(h)(4)(iii) of this section.
(A) The following equation shall be used to determine if the
weighted average VOM content of all coatings and inks as applied each
day on the subject printing line exceeds the limitation specified in
paragraph (h)(1)(i)(A) of this section.
[GRAPHIC] [TIFF OMITTED] TC07NO91.009
Where:
VOM(i)(A)=The weighted average VOM content in units of
percent VOM by volume of all coatings and inks (minus water and any
compounds which are specifically exempted from the definition of VOM)
used each day,
i=Subscript denoting a specific coating or ink as applied,
n=The number of different coatings and/or inks as applied each day on a
printing line,
Ci=The VOM content in units of percent VOM by volume of each
coating or ink as applied (minus water and any compounds which are
specifically exempted from the defintion of VOM),
Li=The liquid volume of each coating or ink as applied in
units of l (gal),
Vsi=The volume fraction of solids in each coating or ink as
applied, and
VVOMi=The volume fraction of VOM in each coating or ink as
applied.
(B) The following equation shall be used to determine if the
weighted average VOM content of all coatings and
[[Page 450]]
inks as applied each day on the subject printing line exceeds the
limitation specified in paragraph (h)(1)(i)(B) of this section.
[GRAPHIC] [TIFF OMITTED] TC07NO91.010
Where:
VOM(i)(B)=The weighted average VOM content in units of
percent VOM by volume of the volatile content of all coatings and inks
used each day,
i=Subscript denoting a specific coating or ink as applied,
n=The number of different coatings and/or inks as applied each day on
each printing line,
Ci=The VOM content in units of percent VOM by volume of the
volatile matter in each coating or ink as applied,
Li=The liquid volume of each coating or ink as applied in
units of l (gal), and
VVMi=The volume fraction of volatile matter in each coating
or ink as applied.
(iii) No owner or operator of a subject flexographic, packaging
rotogravure or publication rotogravure printing line equipped with a
capture system and control device shall operate the subject printing
line unless the owner or operator meets the requirements in paragraph
(h)(1)(iii) (A), (B) or (C) and paragraphs (h)(1)(iii) (D), (E) and (F)
of this section.
(A) A carbon adsorption system is used which reduces the captured
VOM emissions by at least 90 percent by weight, or
(B) An incineration system is used which reduces the captured VOM
emissions by at least 90 percent by weight, or
(C) An alternative VOM emission reduction system is demonstrated to
have at least a 90 percent control device efficiency and the alternative
emission reduction system is approved by the Administrator as a SIP or
FIP revisions, and
(D) The printing line is equipped with a capture system and control
device that provides an overall reduction in VOM emissions of at least:
(1) 75 percent where a publication rotogravure printing line is
employed, or
(2) 65 percent where a packaging rotogravure printing line is
employed, or
(3) 60 percent where a flexographic printing line is employed, and
(E) The control device is equipped with the applicable monitoring
equipment specified in paragraph (a)(4)(iv)(B) of this section and the
monitoring equipment is installed, calibrated, operated and maintained
according to vendor specifications at all times the control device is in
use, and
(F) The capture system and control device are operated at all times
when the subject printing line is in operation. The owner or operator
shall demonstrate compliance with this paragraph by using the applicable
capture system and control device test methods and procedures specified
in paragraphs (a)(4) (iii) through (vi) of this section and by complying
with the recordkeeping and reporting requirements specified in paragraph
(h)(4)(iv) of this section.
(2) Applicability. (i) The limitations of paragraph (h)(1) of this
section apply to all flexographic and rotogravure printing lines at a
subject facility. All facilities with flexographic and/or rotogravure
printing lines are subject facilities unless:
(A) Total maximum theoretical emissions of VOM from all flexographic
and rotogravure printing line(s) at the facility never exceed 90.7 Mg
(100 tons) per calendar year before the application of capture systems
and control devices, or
(B) A federally enforceable construction permit or SIP or FIP
revision for all flexographic and rotogravure printing line(s) at a
facility requires the owner or operator to limit production or capacity
of these printing line(s) to reduce total VOM emissions from all
flexographic and rotogravure printing line(s) to 90.7 Mg (100 tons) or
less per calendar year before the application of capture systems and
control devices.
(ii) Upon achieving compliance with paragraph (h) of this section,
the emission source is not required to meet subpart K (sections 215.301
or 215.302) of 35 Ill. Adm. Code 215 (incorporated by reference as
specified in 40 CFR 52.742). Emission sources exempt from paragraph (h)
of this section are subject to
[[Page 451]]
subpart K (sections 215.301 or 215.302). Rotogravure or flexographic
equipment used for both roll printing and paper coating are subject to
paragraph (h) of this section.
(iii) Once subject to the limitations of paragraph (h)(1) of this
section, a flexographic or rotogravure printing line is always subject
to the limitations of paragraph (h)(1) of this section.
(iv) Any owner or operator of any flexographic or rotogravure
printing line that is exempt from the limitations of paragraph (h)(1) of
this section because of the criteria in paragraph (h)(2) of this section
is subject to the recordkeeping and reporting requirements specified in
paragraph (h)(4)(i) of this section.
(3) Compliance schedule. Every owner or operator of a flexographic
and/or rotogravure printing line shall comply with the applicable
requirements of paragraph (h)(1) of this section and paragraph (h)(4) of
this section in accordance with the applicable compliance schedule
specified in paragraph (h)(3) (i), (ii), (iii) or (iv) of this section.
(i) No owner or operator of a flexographic or rotogravure printing
line which is exempt from the limitations of paragraph (h)(1) of this
section because the criteria in paragraph (h)(2) of this section shall
operate said printing line on or after July 1, 1991, unless the owner or
operator has complied with, and continues to comply with, paragraph
(h)(4)(i) of this section.
(ii) No owner or operator of a flexographic or rotogravure printing
line complying by means of paragraph (h)(1)(i) of this section shall
operate said printing line on or after July 1, 1991, unless the owner or
operator has complied with, and continues to comply with, paragraphs
(h)(1)(i) and (h)(4)(ii) of this section.
(iii) No owner or operator of a flexographic or rotogravure printing
line complying by means of paragraph (h)(1)(ii) of this section shall
operate said printing line on or after July 1, 1991, unless the owner or
operator has complied with, and continues to comply with, paragraphs
(h)(1)(ii) and (h)(4)(iii) of this section.
(iv) No owner or operator of a flexographic or rotogravure printing
line complying by means of paragraph (h)(1)(iii) of this section shall
operate said printing line on or after July 1, 1991, unless the owner or
operator has complied with, and continues to comply with, paragraphs
(h)(1)(iii) and (h)(4)(iv) of this section.
(4) Recordkeeping and reporting. The VOM content of each coating and
ink and the efficiency of each capture system and control device shall
be determined by the applicable test methods and procedures specified in
paragraph (a)(4) of this section to establish the records required under
paragraph (h)(4) of this section.
(i) Any owner or operator of a printing line which is exempted from
the limitations of paragraph (h)(1) of this section because of the
criteria in paragraph (h)(2) of this section shall comply with the
following:
(A) By July 1, 1991, the owner or operator of a facility to which
paragraph (h)(4)(i) of this section is applicable shall certify to the
Administrator that the facility is exempt under the provisions of
paragraph (h)(2) of this section. Such certification shall include:
(1) A declaration that the facility is exempt from the limitations
of the criteria in paragraph (h)(1) of this section because of paragraph
(h)(2) of this section, and
(2) Calculations which demonstrate that total maximum theoretical
emissions of VOM from all flexographic and rotogravure printing lines at
the facility never exceed 90.7 Mg (100 tons) per calendar year before
the application of capture systems and control devices. Total maximum
theoretical emissions of VOM for a flexograhpic or rotogravure printing
facility is the sum of maximum theoretical emissions of VOM from each
flexographic and rotogravure printing line at the facility. The
following equation shall be used to calculate total maximum theoretical
emissions of VOM per calendar year before the application of capture
systems and control devices for each flexographic and rotogravure
printing line at the facility:
Ep = A x B
Where:
Ep=Total maximum theoretical emissions of VOM from one
flexographic or rotogravure printing line in units of kg/year (lbs/
year),
[[Page 452]]
A=Weight of VOM per volume of solids of the coating or ink with the
highest VOM content as applied each year on the printing line in units
of kg VOM/l (lbs VOM/gal) of coating or ink solids, and
B=Total volume of solids for all coatings and inks that can potentially
be applied each year on the printing line in units of l/year (gal/year).
The instrument and/or method by which the owner or operator accurately
measured or calculated the volume of each coating and ink as applied and
the amount that can potentially be applied each year on the printing
line shall be described in the certification to the Administrator.
(B) On and after July 1, 1991, the owner or operator of a facility
referenced in paragraph (h)(4)(i) of this section shall collect and
record all of the following information each year for each printing line
and maintain the information at the facility for a period of three
years:
(1) The name and identification number of each coating and ink as
applied on each printing line.
(2) The VOM content and the volume of each coating and ink as
applied each year on each printing line.
(C) On and after July 1, 1991, the owner or operator of a facility
exempted from the limitations of paragraph (h)(1) of this section
because of the criteria in paragraph (h)(2) of this section shall notify
the Administrator of any record showing that total maximum theoretical
emissions of VOM from all printing lines exceed 90.7 Mg (100 tons) in
any calendar year before the application of capture systems and control
devices, shall be reported by sending a copy of such record to the
Administrator within 30 days after the exceedance occurs.
(ii) Any owner or operator of a printing line subject to the
limitations of paragraph (h)(1) of this section and complying by means
of paragraph (h)(1)(i) of this section shall comply with the following:
(A) By July 1, 1991, or upon initial start-up of a new printing
line, or upon changing the method of compliance from an existing subject
printing line from paragraph (h)(1) (ii) or (iii) of this section to
paragraph (h)(1)(i) of this section, the owner or operator of a subject
printing line shall certify to the Administrator that the printing line
will be in compliance with paragraph (h)(1)(i) of this section on and
after July 1, 1991, or on and after the initial start-up date. Such
certification shall include:
(1) The name and identification number of each coating and ink as
applied on each printing line.
(2) The VOM content of each coating and ink as applied each day on
each printing line.
(B) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a printing line subject to the
limitations of paragraph (h)(1) of this section and complying by means
of paragraph (h)(1)(i) of this section shall collect and record all of
the following information each day for each coating line and maintain
the information at the facility for a period of three years:
(1) The name and identification number of each coating and ink as
applied on each printing line.
(2) The VOM content of each coating and ink as applied each day on
each printing line.
(C) On and after July 1, 1991, the owner or operator of a subject
printing line shall notify the Administrator in the following instances:
(1) Any record showing violation of paragraph (h)(1)(i) of this
section shall be reported by sending a copy of such record to the
Administrator within 30 days following the occurrence of the violation.
(2) At least 30 calendar days before changing the method of
compliance with paragraph (h)(1) of this section from paragraph
(h)(1)(i) of this section to paragraph (h)(1) (ii) or (iii) of this
section, the owner or operator shall comply with all requirements of
paragraph (h)(4) (iii)(A) or (iv)(A) of this section respectively. Upon
changing the method of compliance with paragraph (h)(1) from paragraph
(h)(1)(i) to paragraph (h)(1) (ii) or (iii) of this section, the owner
or operator shall comply with all requirements of paragraph (h)(4) (iii)
or (iv) of this section, respectively.
(iii) Any owner or operator of a printing line subject to the
limitations of paragraph (h)(1) of this section and complying by means
of paragraph (h)(1)(ii) of this section shall comply with the following:
[[Page 453]]
(A) By July 1, 1991, or upon initial start-up of a new printing
line, or upon changing the method of compliance for an existing subject
printing line from paragraph (h)(1) (i) or (iii) of this section to
paragraph (h)(1)(ii) of this section, the owner or operator of the
subject printing line shall certify to the Administrator that the
printing line will be in compliance with paragraph (h)(1)(ii) of this
section on and after July 1, 1991, or on and after the initial start-up
date. Such certification shall include:
(1) The name and identification number of each printing line which
will comply by means of paragraph (h)(1)(ii) of this section.
(2) The name and identification number of each coating and ink
available for use on each printing line.
(3) The VOM content of each coating and ink as applied each day on
each printing line.
(4) The instrument or method by which the owner or operator will
accurately measure or calculate the volume of each coating and ink as
applied each day on each printing line.
(5) The method by which the owner or operator will create and
maintain records each day as required in paragraph (h)(4)(iii)(B) of
this section.
(6) An example of the format in which the records required in
paragraph (h)(4)(iii)(B) of this section will be kept.
(B) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a printing line subject to the
limitations of paragraph (h)(1) of this section and complying by means
of paragraph (h)(1)(ii) of this section shall collecting line and
maintain the information at the facility for a period of three years:
(1) The name and identification number of each coating and ink as
applied on each printing line.
(2) The VOM content and the volume of each coating and ink as
applied each day on each printing line.
(3) The daily-weighted average VOM content of all coatings and inks
as applied on each printing line.
(C) On and after July 1, 1991, the owner or operator of a subject
printing line shall notify the Administrator in the following instances:
(1) Any record showing violation of paragraph (h)(1)(ii) of this
section shall be reported by sending a copy of such record to the
Administrator within 30 days following the occurrence of the violation.
(2) At least 30 calendar days before changing the method of
compliance with paragraph (h)(1) of this section from paragraph
(h)(1)(ii) to paragraph (h)(1)(i) or (iii) of this section, the owner or
operator shall comply with all requirements of paragraph (h)(4)(ii)(A)
or (iv)(A), respectively. Upon changing the method of compliance with
paragraph (h)(1) from paragraph (h)(1)(ii) to paragraph (h)(1)(i) or
(iii), the owner or operator shall comply with all requirements of
paragraph (h)(4)(ii) or (iv) of this section, respectively.
(iv) Any owner or operator of a printing line subject to the
limitations of paragraph (h)(1) of this section and complying by means
of paragraph (h)(1)(iii) of this section shall comply with the
following:
(A) By July 1, 1991, or upon initial start-up of a new printing
line, or upon changing the method of compliance for an existing printing
line from paragraph (h)(1)(i) or (ii) of this section to paragraph
(h)(1)(iii) of this section, the owner or operator of the subject
printing line shall perform all tests and submit to the Administrator
the results of all tests and calculations necessary to demonstrate that
the subject printing line will be in compliance with paragraph
(h)(1)(iii) of this section on and after July 1, 1991, or on and after
the initial start-up date.
(B) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a printing line subject to the
limitations of paragraph (h)(1) of this section and complying by means
of paragraph (h)(1)(iii) of this section shall collect and record all of
the following information each day for each printing line and maintain
the information at the facility for a period of three years:
(1) Control device monitoring data.
(2) A log of operating time for the capture system, control device,
monitoring equipment and the associated printing line.
[[Page 454]]
(3) A maintenance log for the capture system, control device and
monitoring equipment detailing all routine and non-routine maintenance
performed including dates and duration of any outages.
(C) On and after July 1, 1991, the owner or operator of a subject
printing line shall notify the Administration in the following
instances:
(1) Any record showing violation of paragraph (h)(1)(iii) of this
section shall be reported by sending a copy of such record to the
Administrator within 30 days following the occurrence of the violation.
(2) At least 30 calendar days before changing the method of
compliance with paragraph (h)(1) from paragraph (h)(1)(iii) to paragraph
(h)(1) (i) or (ii), the owner or operator shall comply with all
requirements of paragraph (h)(4) (ii)(A) or (iii)(A) of this section,
respectively. Upon changing the method of compliance with paragraph
(h)(1) from paragraph (h)(1)(iii) to paragraph (h)(1) (i) or (ii) of
this section, the owner or operator shall comply with all requirements
of paragraph (h)(4) (ii) or (iii) of this section, respectively.
(5) Heatset-web-offset lithographic printing--(i) Applicability. (A)
The limitations of paragraph (h)(5)(ii) of this section apply to all
heatset-web-offset lithographic printing lines at a subject facility.
All facilities with heatset-web-offset lithographic printing lines are
subject facilities unless:
(1) Total maximum theoretical emissions of VOM from all heatset-web-
offset lithographic printing lines at the facility never exceed 90.7 Mg
(100 tons) per calendar year in the absence of air pollution control
equipment, or
(2) A federally enforceable construction permit or SIP or FIP
revision for all heatset-web-offset lithographic printing line(s) at a
facility requires the owner or operator to limit production or capacity
of these printing line(s) to reduce total VOM emissions from all
heatset-web-offset lithographic printing line(s) to 90.7 Mg (100 tons)
per calendar year or less in the absence of air pollution control
equipment, and
(B) Any owner or operator of any heatset-web-offset lithographic
printing line that is exempt from the limitations in paragraph
(h)(5)(ii) of this section because of the criteria in paragraph
(h)(5)(i)(A) of this section shall be subject to the recordkeeping and
reporting requirements in paragraph (h)(5)(iii)(A) of this section.
(ii) Specific provisions. No owner or operator of a subject heatset-
web-offset printing line may cause or allow the operation of the subject
heatset-web-offset printing line unless the owner or operator meets the
requirements in paragraph (h)(5)(ii) (A) or (B) of this section and the
requirements in paragraphs (h)(5)(ii) (C) and (D) of this section.
(A) An afterburner system is installed and operated that reduces 90
percent of the VOM emissions from the dryer exhaust, or
(B) The fountain solution contains no more than 8 percent, by
weight, of VOM and a condensation recovery system is installed and
operated that removes at least 75 percent of the non-isopropyl alcohol
organic materials from the dryer exhaust, and
(C) The control device is equipped with the applicable monitoring
equipment specified in paragraph (a)(4)(iv)(B) of this section and the
monitoring equipment is installed, calibrated, operated and maintained
according to vendor specifications at all times the control device is in
use, and
(D) The control device is operated at all times when the subject
printing line is in operation. The owner or operator shall demonstrate
compliance with paragraph (h)(5) of this section by using the applicable
test methods and procedures specified in paragraphs (a)(4) (i), (iv),
and (vi) of this section and by complying with the recordkeeping and
reporting requirements specified in paragraph (h)(5)(iii) of this
section.
(iii) Recordkeeping and reporting. The VOM content of each fountain
solution and ink and the efficiency of each control device shall be
determined by the applicable test methods and procedures specified in
paragraph (a)(4) of this section to establish the records required under
paragraph (h)(5)(iii) of this section.
(A) Any owner or operator of a printing line which is exempted from
the
[[Page 455]]
limitations of paragraph (h)(5)(ii) of this section because of the
criteria in paragraph (h)(5)(i) of this section shall comply with the
following:
(1) By July 1, 1991, the owner or operator of a facility to which
paragraph (h)(5)(iii)(A) of this section is applicable shall certify to
the Administrator that the facility is exempt under the provisions of
paragraph (h)(5)(i) of this section. Such certification shall include:
(i) A declaration that the facility is exempt from the limitations
of paragraph (h)(5)(ii) of this section because of the criteria in
paragraph (h)(5)(i) of this section, and
(ii) Calculations which demonstrate that total maximum theoretical
emissions of VOM from all heatset-web-offset lithographic printing lines
at the facility never exceed 90.7 Mg (100 tons) per calendar year before
the application of air pollution control equipment. Total maximum
theoretical emissions of VOM for a heatset-web-offset lithographic
printing facility is the sum of maximum theoretical emissions of VOM
from each heatset-web-offset lithographic printing line at the facility.
The following equation shall be used to calculate total maximum
theoretical emissions of VOM per calendar year in the absence of air
pollution control equipment for each heatset-web-offset lithographic
printing line at the facility.
[GRAPHIC] [TIFF OMITTED] TC07NO91.011
where
Ep=Total maximum theoretical emissions of VOM from one
heatset-web-offset printing line in units of kg/year (lbs/year),
A=Weight of VOM per volume of solids of ink with the highest VOM content
as applied each year on the printing line in units of kg VOM/l (lbs VOM/
gal) of solids, and
B=Total volume of solids for all inks that can potentially be applied
each year on the printing line in units of l/year (gal/year). The
instrument or method by which the owner or operator accurately measured
or calculated the volume of each ink as applied and the amount that can
potentially be applied each year on the printing line shall be described
in the certification to the Administrator.
C=The weight percent VOM of the fountain solution with the highest VOM
content.
D=The total volume of fountain solution that can potentially be used
each year on the printing line in units of l/year (gal/year). The
instrument and/or method by which the owner or operator accurately
measured or calculated the volume of each fountain solution used and the
amount that can potentially be used each year on the printing line shall
be described in the certification to the Administrator.
(2) On and after July 1, 1991, the owner or operator of a facility
to which paragraph (h)(5)(iii)(A) of this section is applicable shall
collect and record all of the following information each year for each
printing line and maintain the information at the facility for a period
of three years:
(i) The name and identification of each fountain solution and ink as
applied on each printing line.
(ii) The VOM content and the volume of each fountain solution and
ink as applied each year on each printing line.
(3) On and after July 1, 1991, the owner or operator of a facility
exempted from the limitations of paragraph (h)(5)(ii) of this section
because of the criteria in paragraph (h)(5)(i) of this section shall
notify the Administrator of any record showing that total maximum
theoretical emissions of VOM from all printing lines exceed 90.7 Mg (100
tons) in any calendar year in the absence of air pollution control
equipment shall be reported by sending a copy of such record to the
Administrator within 30 days after the exceedance occurs.
(B) Any owner or operator of a printing line subject to the
limitations of paragraph (h)(5)(ii) of this section and complying by
means of paragraph (h)(5)(ii)(A) of this section shall comply with the
following:
(1) By July 1, 1991, or upon initial start-up of a new printing
line, or upon changing the method of compliance for an existing printing
line from paragraph (h)(5) (ii)(B) to (ii)(A) of this section, the owner
or operator of the subject printing line shall perform all tests and
submit to the Administrator the results of all tests and calculations
necessary to demonstrate that the subject printing line will be in
compliance with paragraph (h)(5)(ii)(A) of this section on and after
July 1, 1991, or on and after the initial start-up date.
[[Page 456]]
(2) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a printing line subject to the
limitations of paragraph (h)(5)(ii) of this section and complying by
means of paragraph (h)(5)(ii)(A) of this section shall collect and
record the following information each day for each printing line and
maintain the information at the facility for a period of three years:
(i) Control device monitoring data.
(ii) A log of operating time for the control device, monitoring
equipment and the associated printing line.
(iii) A maintenance log for the control device and monitoring
equipment detailing all routine and nonroutine maintenance performed
including dates and duration of any outages.
(3) On and after July 1, 1991, the owner or operator of a subject
printing line shall notify the Administrator in the following instances:
(i) Any record showing violation of paragraph (h)(5)(ii)(A) of this
section shall be reported by sending a copy of such record to the
Administrator within 30 days following the occurrence of the violation.
(ii) At least 30 calendar days before changing the method of
compliance with paragraph (h)(5)(ii) of this section from paragraph
(h)(5) (ii)(A) to (ii)(B), the owner or operator shall comply with all
requirements of paragraph (h)(5)(iii)(C)(1) of this section. Upon
changing the method of compliance with paragraph (h)(5)(ii) from
paragraph (h)(5) (ii)(A) to (ii)(B) of this section the owner or
operator shall comply with all requirements of paragraph (h)(5)(iii)(C)
of this section.
(C) Any owner or operator of a printing line subject to the
limitations of paragraph (h)(5)(ii) of this section and complying by
means of paragraph (h)(5)(ii)(B) of this section shall comply with the
following:
(1) By July 1, 1991, or upon initial start-up of a new printing
line, or upon changing the method of compliance for an existing printing
line from paragraph (h)(5) (ii)(A) to (ii)(B) of this section, the owner
or operator of the subject printing line shall perform all tests and
submit to the Administrator the results of all tests and calculations
necessary to demonstrate that the subject printing line will be in
compliance with paragraph (h)(5)(ii)(B) of this section on and after
July 1, 1991, or on and after the initial start-up date.
(2) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a printing line subject to the
limitations of paragraph (h)(5)(ii) of this section and complying by
means of paragraph (h)(5)(ii)(B) of this section shall collect and
record the following information each day for each printing line and
maintain the information at the facility for a period of three years:
(i) The VOM content of the fountain solution used each day on each
printing line.
(ii) A log of operating time for the control device and the
associated printing line.
(iii) A maintenance log for the control device detailing all routine
and non-routine maintenance performed including dates and duration of
any outages.
(3) On and after July 1, 1991, the owner or operator of a subject
printing line shall notify the Administrator in the following instances:
(i) Any record showing violation of paragraph (h)(5)(ii)(B) of this
section shall be reported by sending a copy of such record to the
Administrator within 30 days following the occurrence of the violation.
(ii) At least 30 calendar days before changing the method of
compliance with paragraph (h)(5)(ii) of this section from paragraph
(h)(5)(ii)(B) to (h)(5)(ii)(A) of this section, the owner or operator
shall comply with all requirements of paragraph (h)(5)(iii)(B)(1) of
this section. Upon changing the method of compliance with paragraph
(h)(5)(ii) of this section from paragraph (h)(5)(ii)(B) to (h)(5)(ii)(A)
of this section, the owner or operator shall comply with all
requirements of paragraph (h)(5)(iii)(B) of this section.
(iv) Compliance schedule. Every owner or operator of a heatset-web-
offset lithographic printing line shall comply with the applicable
requirements of paragraphs (h)(5) (ii) and (iii) of this section in
accordance with the applicable compliance schedule specified in
paragraph (h)(5)(iv) (A), (B) or (C) of this section.
[[Page 457]]
(A) No owner or operator of a heatset-web-offset lithographic
printing line which is exempt from the limitations of paragraph
(h)(5)(ii) of this section because of the criteria in paragraph
(h)(5)(i) of this section shall operate said printing line on or after
July 1, 1991, unless the owner or operator has complied with, and
continues to comply with, paragraphs (h)(5)(iii)(A) and (h)(5)(ii)(A) of
this section.
(B) No owner or operator of a heatset-web-offset lithographic
printing line complying by means of paragraph (h)(5)(ii)(A) of this
section shall operate said printing line on or after July 1, 1991,
unless the owner or operator has complied with, and continues to comply
with, paragraphs (h)(5)(iii)(B) and (h)(5)(ii)(B) of this section.
(C) No owner or operator of a heatset-web-offset lithographic
printing line complying by means of paragraph (h)(5)(ii)(B) of this
section shall operate said printing line on or after July 1, 1991,
unless the owner or operator has complied with, and continues to comply
with, paragraph (h)(5)(iii)(C) of this section.
(6) The control and recordkeeping and reporting requirements, as
well as the test methods in this paragraph, apply to the rotogravure and
flexographic presses at General Packaging Products, Inc.'s (GPP) plant
in Chicago, Illinois, instead of the requirements in 40 CFR 52.741(h)(1)
through 40 CFR 52.741(h)(5).
(i) After July 1, 1992, no inks or other volatile organic material
(VOM) containing materials shall at any time be applied or used which
have a higher percent VOM by weight than the following:
(A) 8 percent VOM by weight for waterbased inks as applied on GPP's
presses.
(B) 82 percent VOM by weight for solvent based inks as applied on
GPP's presses.
(C) 100 percent VOM by weight for all other VOM containing materials
(besides inks) as used on GPP's presses.
(ii) After July 1, 1992, the weight of ink and other VOM containing
materials used shall not exceed the following:
(A) 200,000 pounds per year total for all waterbased inks, as
applied (including dilution material). The yearly weight of waterbased
inks used is to be calculated according to the procedure in paragraph
(h)(6)(iii) of this section.
(B) 100,008 pounds per year total for all solvent based inks, as
applied (including dilution material). The yearly weight of solvent
based inks used is to be calculated according to the procedure in
paragraph (h)(6)(iii) of this section.
(C) 100,000 pounds per year total (based upon the formulation of the
material as it is used on the presses) for all other VOM containing
materials (besides inks). The yearly weight of other VOM containing
materials is to be calculated according to the procedure in paragraph
(h)(6)(iii) of this section.
(iii) The yearly weight of ink/material used is to be calculated as
follows:
(A) Compute the weight of ink/material used each month by the 15th
of the following month.
(B) By the 15th of each month, add the monthly ink/material usage
for the 12 previous months (to obtain the yearly weight of ink/material
used).
(iv) Beginning on July 1, 1992, the owner and operator of GPP's
plant in Chicago, Illinois, shall keep the following records for each
month. All records shall be retained at GPP for 3 years and shall be
made available to the Administrator on request:
(A) The name and identification number of each waterbased ink, each
solvent based ink, and each other VOM containing material as applied or
used on any press.
(B) The pounds of waterbased ink as applied on all presses for each
month and the percent VOM by weight for each waterbased ink as applied
on any press for each month.
(C) The pounds of solvent based ink as applied on all presses for
each month and the percent VOM by weight for each solvent based ink as
applied on any press for each month.
(D) The pounds of other (non-ink) VOM containing material used on
all presses for each month and the percent VOM by weight for each (non-
ink) VOM containing material as used on any press for each month.
[[Page 458]]
(v) Any record showing a violation of paragraph (h)(6)(i) or
(h)(6)(ii) of this section shall be reported by sending a copy of such
record to the Administrator within 30 days of the violation.
(vi) To determine compliance with paragraphs (h)(6)(i) and
(h)(6)(ii) of this section and to establish the records required under
paragraph (h)(6)(iv) of this section the percent VOM by weight of each
ink and other VOM containing material shall be determined by the
applicable test methods and procedures specified in paragraph (a)(4) of
this section.
(i) Leaks from synthetic organic chemical and polymer manufacturing
equipment--(1) Inspection program for leaks. The owner or operator of a
synthetic organic chemical or polymer manufacturing plant subject to
paragraph (i) and subpart Q (sections 215.430, 215.431, 215.433,
215.434, 215.435, and 215.437) of Ill. Adm. Code 215 (incorporated by
reference as specified in 40 CFR 52.742) shall, for the purposes of
detecting leaks, conduct a component inspection program using the test
methods specified in Method 21, 40 CFR part 60, appendix A, consistent
with the following provisions:
(i) Test annually those components operated near extreme temperature
or pressure such that they would be unsafe to routinely monitor and
those components which would require the elevation of monitoring
personnel higher than two meters above permanent worker access
structures or surfaces.
(ii) Test quarterly all other pressure relief valves in gas service,
pumps in light liquid service, valves in light liquid service and in gas
service, and compressors.
(iii) If less than or equal to 2 percent of the valves in light
liquid service and in gas service tested pursuant to paragraph
(i)(1)(ii) of this section are found not to leak for five consecutive
quarters, no leak tests shall be required for three consecutive
quarters. Thereafter, leak tests shall resume for the next quarter. If
that test shows less than or equal to 2 percent of the valves in light
liquid service and in gas service are leaking, then no tests are
required for the next three quarters. If more than 2 percent are
leaking, then tests are required for the next five quarters.
(iv) Observe visually all pump seals weekly.
(v) Test immediately any pump seal from which liquids are observed
dripping.
(vi) Test any relief valve within 24 hours after it has vented to
the atmosphere.
(vii) Routine instrument monitoring of valves which are not
externally regulated, flanges, and equipment in heavy liquid service, is
not required. However, any valve which is not externally regulated,
flange or piece of equipment in heavy liquid service that is found to be
leaking on the basis of sight, smell or sound shall be repaired as soon
as practicable but no later than 30 days after the leak is found.
(viii) Test immediately after repair any component that was found
leaking.
(ix) Within one hour of its detection, a weatherproof, readily
visible tag, in bright colors such as red or yellow, bearing an
identification number and the date on which the leak was detected must
be affixed on the leaking component and remain in place until the
leaking component is repaired.
(x) The following components are exempt from the monitoring
requirements in paragraph (i)(1) of this section:
(A) Any component that is in vacuum service, and
(B) Any pressure relief valve that is connected to an operating
flare header or vapor recovery device.
(2) Alternative program for leaks. The Administrator shall approve
an alternative program of monitoring, recordkeeping, or reporting to
that prescribed in paragraph (i) and subpart Q (sections 215.430,
215.431, 215.433, 215.434, 215.435, and 215.437) of Ill. Adm. Code 215
(incorporated by reference as specified in 40 CFR 52.742), upon a
demonstration by the owner or operator of such plant that the
alternative program will provide plant personnel and USEPA personnel
with an equivalent ability to identify and repair leaking components.
Any alternative program can only be allowed if approved by the
Administrator as a SIP or FIP revision.
[[Page 459]]
(j) Petroleum refining and related industries: asphalt materials--
(1) Monitoring program for leaks. (i) The owner or operator of a
petroleum refinery subject to subpart R (section 215.445) of Ill. Adm.
Code 215 (incorporated by reference as specified in 40 CFR 52.742)
shall, for the purpose of detecting leaks, conduct a component
monitoring program consistent with the following provisions:
(A) Test once between March 1 and June 1 of each year, by methods
referenced in paragraph (a)(4)(vii) of this section, all pump seals,
pipeline valves in liquid service and process drains.
(B) Test once each quarter of each calendar year, by methods
referenced in paragraph (a)(4)(vii) of this section, all pressure relief
valves in gaseous service, pipeline valves in gaseous service and
compressor seals.
(C) Inaccessible valves may be tested once each calendar year
instead of once each quarter of each calendar year.
(D) Observe visually all pump seals weekly.
(E) Test immediately any pump seal from which liquids are observed
dripping,
(F) Test any relief valve within 24 hours after it has vented to the
atmosphere, and
(G) Test immediately after repair any component that was found
leaking.
(ii) Storage tank valves and pressure relief devices connected to an
operating flare header or vapor recovery device are exempt from the
monitoring requirements in paragraph (j)(1)(i) of this section.
(iii) The Administrator may require more frequent monitoring than
would otherwise be required by paragraph (j)(1)(i) of this section for
components which are demonstrated to have a history of leaking.
(2) Alternative program for leaks. The Administrator may approve an
alternative program of monitoring, recordkeeping or reporting to that
prescribed in paragraph (j)(1) of this section and subpart R (sections
215.446, 215.448, and 215.449) of Ill. Adm. Code 215 (incorporated by
reference as specified in 40 CFR 52.742), upon a demonstration by the
owner or operator of a petroleum refinery that the alternative program
will provide refinery and USEPA personnel with an equivalent ability to
identify and repair leaking components. Any alternative program can only
be allowed if approved by the Administrator as a SIP or FIP revision.
(3) Compliance schedule for leaks. The owner or operator of a
petroleum refinery shall adhere to the increments of progress contained
in the following schedule:
(i) Submit to the Administrator a monitoring program consistent with
subpart R (section 215.446) of Ill. Adm. Code 215 (incorporated by
reference as specified in 40 CFR 52.742) prior to September 1, 1990.
(ii) Submit to the Administrator the first monitoring report
pursuant to subpart R (section 215.449) of Ill. Adm. Code 215
(incorporated by reference as specified in 40 CFR 52.742) prior to
October 1, 1990.
(k)-(l) [Reserved]
(m) Pharmaceutical manufacturing--(1) Applicability. (i) The rules
of paragraph (m) of this section, except for paragraphs (m)(4) through
(m)(6) of this section, apply to all emission sources of VOM, including
but not limited to reactors, distillation units, dryers, storage tanks
for VOL, equipment for the transfer of VOL, filters, crystallizers,
washers, laboratory hoods, pharmaceutical coating operations, mixing
operations and centrifuges used in manufacturing, including packaging,
of pharmaceuticals, and emitting more than 6.8 kg/day (15 lbs/day) and
more than 2,268 kg/year (2.5 tons/year) of VOM. If an emission source
emits less than 2,268 kg/year (2.5 tons/year) of VOM, the requirements
of this paragraph still apply to the emission source if VOM emissions
from the emission source exceed 45.4 kg/day (100 lbs/day).
(ii) Notwithstanding paragraph (m)(1)(i) of this section, the air
suspension coater/dryer, fluid bed dryers, tunnel dryers, and
Accelacotas located in Libertyville Township, Lake County, Illinois
shall be exempt from the rules of paragraph (m) of this section, except
for paragraphs (m)(4) through (m)(6) of this section, if emissions of
VOM not vented to air pollution control equipment do not exceed the
following levels:
(A) For the air suspension coater/dryer: 2,268 kg/year (2.5 tons/
year);
[[Page 460]]
(B) For each fluid bed dryer: 4,535 kg/year (5.0 tons/year);
(C) For each tunnel dryer: 6,803 kg/year (7.5 tons/year); and
(D) For each Accelacota: 6,803 kg/year (7.5 tons/year).
(iii) Paragraphs (m)(4) through (m)(6) of this section apply to a
plant having one or more emission sources that:
(A) Are used to manufacture pharmaceuticals, and
(B) Emit more than 6.8 kg/day (15 lbs/day) of VOM and more than
2,268 kg/year (2.5 tons/year) of VOM, or, if less than 2,268 kg/year
(2.5 tons/year), these paragraphs still apply if emissions from one or
more sources exceed 45.4 kg/day (100 lbs/day).
(iv) No owner or operator shall violate any condition in a permit
when the condition results in exclusion of an emission source from
paragraph (m) of this section.
(v) Any pharmaceutical manufacturing source that becomes subject to
the provisions of paragraph (m) of this section at any time shall remain
subject to the provisions of paragraph (m) of this section at all times.
(vi) Emissions subject to paragraph (m) of this section shall be
controlled at all times consistent with the requirements set forth in
paragraph (m) of this section.
(vii) Control devices required pursuant to paragraph (m) of this
section shall be operated at all times when the source it is controlling
is operated.
(viii) Determinations of daily and annual emissions for purposes of
paragraph (m)(1) of this section shall be made using both data on the
hourly emission rate (or the emissions per unit of throughput) and
appropriate daily and annual data from records of emission source
operation (or material throughput or material consumption data). In the
absence of representative test data pursuant to paragraph (m)(8) of this
section for the hourly emission rate (or the emissions per unit of
throughput), such items shall be calculated using engineering
calculations, including the methods described in appendix B of ``Control
of Volatile Organic Emissions from Manufacturing of Synthesized
Pharmaceutical Products'' (EPA-450/2-78-029). (This subparagraph shall
not affect the Administrator's authority to require emission tests to be
performed pursuant to paragraph (m)(8) of this section.)
(2) Control of reactors, distillation units, crystallizers,
centrifuges and vacuum dryers. (i) The owner or operator shall equip all
reactors, distillation units, crystallizers, centrifuges and vacuum
dryers that are used to manufacture pharmaceuticals with surface
condensers or other air pollution control equipment listed in paragraph
(m)(2)(i)(B) of this section.
(A) If a surface condenser is used, it shall be operated such that
the condenser outlet gas temperature does not exceed:
(1) 248.2 K (-13 deg. F) when condensing VOM of vapor pressure
greater than 40.0kPa (5.8 psi) at 294.3K (70 deg. F), or
(2) 258.2 K (5 deg. F) when condensing VOM of vapor pressure
greater than 20.0 kPa (2.9 psi) at 294.3 K (70 deg. F), or
(3) 273.2 K (32 deg. F) when condensing VOM of vapor pressure
greater than 10.0 kPa (1.5 psi) at 294.3 K (70 deg. F), or
(4) 283.2 K (50 deg. F) when condensing VOM of vapor pressure
greater than 7.0 kPa (1.0 psi) at 294.3 K (70 deg. F), or
(5) 298.2 K (77 deg. F) when condensing VOM of vapor pressure
greater than 3.45 kPa (0.5 psi) at 294.3 K (70 deg. F).
(B) If a scrubber, carbon adsorption, thermal afterburner, catalytic
afterburner, or other air pollution control equipment other than a
surface condenser is used, such equipment shall provide a reduction in
the emissions of VOM of 90 percent or more.
(ii) The owner or operator shall enclose all centrifuges used to
manufacture pharmaceuticals and that have an exposed VOL surface, where
the VOM in the VOL has a vapor pressure of 3.45 kPa (0.5 psi) or more at
294.3 K (70 deg. F), except as production, sampling, maintenance, or
inspection procedures require operator access.
(3) Control of air dryers, production equipment exhaust systems and
filters. (i) The owner or operator of an air dryer or production
equipment exhaust system used to manufacture pharmaceuticals shall
control the emissions of VOM from such emission sources by air pollution
control equipment which reduces by 90 percent or more the VOM that would
otherwise be emitted into the atmosphere.
[[Page 461]]
(ii) The owner or operator shall enclose all rotary vacuum filters
and other filters used to manufacture pharmaceuticals and that have an
exposed VOL surface, where the VOM in the VOL has a vapor pressure of
3.45 kPa (0.5 psi) or more at 294 K (70 deg. F), except as production,
sampling, maintenance, or inspection procedures require operator access.
(4) Material storage and transfer. The owner or operator of a
pharmaceutical manufacturing plant shall:
(i) Provide a vapor balance system that is at least 90 percent
effective in reducing VOM emissions from truck or railcar deliveries to
storage tanks with capacities equal to or greater than 7.57
m3 (2,000 gal) that store VOL with vapor pressures greater
than 28.0 kPa (4.1 psi) at 294.3 K (70 deg. F), and
(ii) Install, operate, and maintain pressure/vacuum conservation
vents set at 0.2 kPa (0.03 psi) or greater on all storage tanks that
store VOL with vapor pressures greater than 10 kPa (1.5 psi) at 294.3 K
(70 deg. F).
(5) In-process tanks. The owner or operator shall install covers on
all in-process tanks used to manufacture pharmaceuticals and containing
a VOL at any time. These covers must remain closed, except as
production, sampling, maintenance or inspection procedures require
operator access.
(6) Leaks. The owner or operator of a pharmaceutical manufacturing
plant shall repair any component from which a leak of VOL can be
observed. The repair shall be completed as soon as practicable but no
later than 15 days after the leak is found. If the leaking component
cannot be repaired until the process unit is shut down, the leaking
component must then be repaired before the unit is restarted.
(7) Other emission sources. The owner or operator of a washer,
laboratory hood, tablet coating operation, mixing operation or any other
process emission source not subject to paragraphs (m)(2) through (m)(6)
of this section, and used to manufacture pharmaceuticals shall control
the emissions of VOM from such emission sources by:
(i) Air pollution control equipment which reduces by 81 percent or
more the VOM that would otherwise be emitted to the atmosphere, or
(ii) A surface condenser which captures all the VOM which would
otherwise be emitted to the atmosphere and which meets the requirements
of paragraph (m)(2)(i) of this section.
(8) Testing. (i) Upon request by the Administrator, the owner or
operator of any VOM emission source subject to paragraph (m) or exempt
from paragraph (m) of this section by virtue of the provisions of
paragraph (m)(1) of this section shall, at his own expense, demonstrate
compliance to the Administrator by the methods or procedures listed in
paragraph (a)(vi)(A) of this section.
(ii) A person planning to conduct a VOM emissions test to
demonstrate compliance with paragraph (m) of this section shall notify
the Administrator of that intent not less than 30 calendar days before
the planned initiation of the test.
(9) Monitoring and recordkeeping for air pollution control
equipment--(i) Monitoring. (A) At a minimum, continuous monitors for the
following parameters shall be installed on air pollution control
equipment used to control sources subject to paragraph (m) of this
section:
(1) Destruction device combustion temperature.
(2) Temperature rise across a catalytic afterburner bed.
(3) VOM concentration on a carbon absorption unit to determine
breakthrough.
(4) Outlet gas temperature of a refrigerated condenser.
(5) Temperature of a non-refrigerated condenser coolant supply
system.
(B) Each monitor shall be equipped with a recording device.
(C) Each monitor shall be calibrated quarterly.
(D) Each monitor shall operate at all times while the associated
control equipment is operating.
(ii) Recordkeeping. (A) The owner or operator of a pharmaceutical
manufacturing facility shall maintain the following records:
(1) Parameters listed in paragraph (m)(9)(i)(A) of this section
shall be recorded.
[[Page 462]]
(2) For sources subject to paragraph (m)(2) of this section, the
vapor pressure of VOM being controlled shall be recorded for every
process.
(B) For any leak subject to paragraph (m)(6) of this section which
cannot be readily repaired within one hour after detection, the
following records shall be kept:
(1) The name of the leaking equipment,
(2) The date and time the leak is detected,
(3) The action taken to repair the leak, and
(4) The data and time the leak is repaired.
(C) The following records shall be kept for emission sources subject
to paragraph (m)(5) of this section which contain VOL:
(1) For maintenance and inspection:
(i) The date and time each cover is opened,
(ii) The length of time the cover remains open, and
(iii) The reason why the cover is opened.
(2) For production and sampling, detailed written procedures or
manufacturing directions specifying the circumstances under which covers
may be opened and the procedures for opening covers.
(D) For each emission source used in the manufacture of
pharmaceuticals for which the owner or operator of a pharmaceutical
manufacturing plant claims emission standards are not applicable,
because the emissions are below the applicability cutoffs in paragraph
(m)(1)(i) of this section or paragraph (m)(1)(ii) of this section the
owner or operator shall:
(1) Maintain a demonstration including detailed engineering
calculations of the maximum daily and annual emissions for each such
emission source showing that the emissions are below the applicability
cutoffs in paragraph (m)(1)(i) or paragraph (m)(1)(ii) of this section,
as appropriate, for the current and prior calendar years;
(2) Maintain appropriate operating records for each such emission
source to identify whether the applicability cutoffs in paragraph
(m)(1)(i) or paragraph (m)(1)(ii) of this section, as appropriate, are
ever exceeded; and
(3) Provide written notification to the Administrator within 30 days
of a determination that such an emission source has exceeded the
applicability cutoffs in paragraph (m)(1)(i) or paragraph (m)(1)(ii) of
this section, as appropriate.
(E) Records required under paragraph (m)(9)(ii)(A) of this section
shall be maintained by the owner or operator for a minimum of two years
after the date on which they are made.
(F) Copies of the records shall be made available to the
Administrator upon verbal or written request.
(n)-(p) [Reserved]
(q) Gasoline distribution--(1) Bulk gasoline plants. (i) Subject to
paragraph (q)(1)(v) of this section, no person may cause or allow the
transfer of gasoline from a delivery vessel into a stationary storage
tank located at a bulk gasoline unless:
(A) The delivery vessel and the stationary storage tank are each
equipped with a vapor collection system that meets the requirements of
paragraph (q)(1)(iv)(D) of this section,
(B) Each vapor collection system is operating,
(C) The delivery vessel displays the appropriate sticker pursuant to
the requirements of sections 215.584 (b) or (d) of 35 I11. Adm. Code 215
(incorporated by reference as specified in 40 CFR 52.742),
(D) The pressure relief valve(s) on the stationary storage tank and
the delivery vessel are set to release at no less than 0.7 psi or the
highest pressure allowed by state or local fire codes or the guidelines
of the National Fire Prevention Association, and
(E) The stationary storage tank is equipped with a submerged loading
pipe.
(ii) Subject to paragraph (q)(1)(vi) of this section, no person may
cause or allow the transfer of gasoline from a stationary storage tank
located at a bulk gasoline plant into a delivery vessel unless:
(A) The requirements set forth in paragraphs (q) (1)(i)(A) through
(1)(i)(D) of this section are met, and
(B) Equipment is available at the bulk gasoline plant to provide for
the submerged filling of the delivery vessel
[[Page 463]]
or the delivery vessel is equipped for bottom loading.
(iii) Subject to paragraph (q)(1)(v) of this section, each owner of
a stationary storage tank located at a bulk gasoline plant shall:
(A) Equip each stationary storage tank with a vapor control system
that meets the requirements of paragraph (q) (1)(i) or (1)(ii) of this
section, whichever is applicable,
(B) Provide instructions to the operator of the bulk gasoline plant
describing necessary maintenance operations and procedures for prompt
notification of the owner in case of any malfunction of a vapor control
system, or
(C) Repair, replace or modify any worn out or malfunctioning
component or element of design.
(iv) Subject to paragraph (q)(1)(v) of this section, each operator
of a bulk gasoline plant shall:
(A) Maintain and operate each vapor control system in accordance
with the owner's instructions,
(B) Promptly notify the owner of any scheduled maintenance or
malfunction requiring replacement or repair of a major component of a
vapor control system,
(C) Maintain gauges, meters or other specified testing devices in
proper working order, and
(D) Operate the bulk plant vapor collection system and gasoline
loading equipment in a manner that prevents:
(1) Gauge pressure from exceeding 45.7 cm (18 in.) of water and
vacuum from exceeding 15.2 cm (6 in.) of water, as measured as close as
possible to the vapor hose connection,
(2) A reading equal to or greater than 100 percent of the lower
explosive limit (LEL measured as propane) when tested in accordance with
the procedure described in ``Control of Volatile Organic Compound Leaks
from Gasoline Tank Trucks and Vapor Collection Systems'', Appendix B,
EPA 450/2-78-051 (which is available for purchase from the National
Technical Information Services, 5285 Port Royal Road, Springfield, VA
22161), and
(3) Avoidable leaks of liquid during loading or unloading
operations.
(E) Provide a pressure tap or equivalent on the bulk plant vapor
collection system in order to allow the determination of compliance with
paragraph (q)(1)(iv)(D)(1) of this section, and
(F) Within 15 business days after discovery of any leak by the
owner, operator, or the Administrator, repair and retest a vapor
collection system which exceeds the limits of paragraph (q)(1)(iv)(D)
(1) or (2) of this section.
(v) The requirements of paragraphs (q) (1)(i), (1)(iii) and (1)(iv)
of this section, shall not apply to:
(A) Any stationary storage tank with a capacity of less than 2,177 l
(575 gal), or
(B) Any bulk gasoline plant whose daily gasoline throughtput is less
than 15,140 l (4,000 gal/day) on a thirty-day rolling average.
(vi) The requirements of paragraph (q)(1)(ii) of this section shall
only apply to bulk gasoline plants:
(A) Whose daily gasoline throughput is greater than or equal to
15,140 l (4,000 gal/day) on a thirty-day rolling average, and
(B) That either distribute gasoline to gasoline dispensing
facilities subject to the requirements of section 215.583(a)(2) of 35
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR
52.742) or that are in Cook, DuPage, Kane, Lake, McHenry or Will County.
(vii) Any bulk gasoline plant which is ever subject to paragraph
(q)(1) (i), (ii), (iii) or (iv) of this section shall always be subject
to these paragraphs.
(2) [Reserved]
(r) [Reserved]
(s) Paint and ink manufacturing--(1) Applicability. (i) Paragraph
(s) shall apply to all paint and ink manufacturing plants which:
(A) Include process emission sources not subject to subparts (B),
(Q) (excluding sections 215.432 and 215.436), (R) (excluding sections
215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582,
215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by
reference as specified in 40 CFR 52.742), or to paragraphs (d), (e)
(excluding paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)),
(i), (j), or (q)(1) of this section; and which as a group both:
(1) Have maximum theoretical emissions of 91 Mg (100 tons) or more
per calendar year of VOM if no air pollution control equipment were
used, and
[[Page 464]]
(2) Are not limited to less than 91 Mg (100 tons) of VOM emissions
per calendar year in the absence of air pollution control equipment,
through production or capacity limitations contained in a federally
enforceable construction permit or a SIP or FIP revision, or
(B) Produce more than 7,570,820 l (2,000,000 gal) per calendar year
of paint or ink formulations, which contain less than 10 percent (by
weight) water, and ink formulations not containing as the primary
solvents water, Magie oil or glycol.
(ii) For the purposes of paragraph (s) of this section, uncontrolled
VOM emissions are the emissions of VOM which would result if no air
pollution control equipment were used.
(2) Exemption for waterbase material and heatset-offset ink. The
requirements of paragraphs (s)(4) and (s)(5) of this section and
paragraph (s)(7)(i) of this section shall not apply to equipment while
it is being used to produce either:
(i) Paint or ink formulations which contain 10 percent or more (by
weight) water, or
(ii) Inks containing Magie oil and glycol as the primary solvent.
(3) Permit conditions. No person shall violate any condition in a
federally enforceable permit when the condition results in exclusion of
the plant or an emission source from paragraph (s).
(4) Open-top mills, tanks, vats or vessels. No person shall operate
an open-top mill, tank, vat or vessel with a volume of more than 45 l
(12 gal) for the production of paint or ink unless:
(i) The mill, tank, vat or vessel is equipped with a cover which
completely covers the mill, tank, vat or vessel opening except for an
opening no larger than necessary to allow for safe clearance for a mixer
shaft. Such cover shall extend at least 1.27 cm (0.5 in.) beyond the
outer rim of the opening or be attached to the rim.
(ii) The cover remains closed except when production, sampling,
maintenance or inspection procedures require access.
(iii) The cover is maintained in good condition such that, when in
place, it maintains contact with the rim of the opening for at least 90
percent of the circumference of the rim.
(5) Grinding mills. (i) No person shall operate a grinding mill for
the production of paint or ink which is not maintained in accordance
with the manufacturer's specifications.
(ii) No person shall operate a grinding mill fabricated or modified
after the effective date of paragraph (s) which is not equipped with
fully enclosed screens.
(iii) The manufacturer's specifications shall be kept on file at the
plant by the owner or operator of the grinding mill and be made
available to any person upon verbal or written request during business
hours.
(6) Storage tanks. (i) The owner or operator shall equip tanks
storing VOL with a vapor pressure greater than 10 kPa (1.5 psi) at 20
deg.C (68 deg.F) with pressure/vacuum conservation vents set as a
minimum at +/-0.2 kPa (0.029 psi). These controls shall be operated at
all times. An alternative air pollution control system may be used if it
results in a greater emission reduction than these controls. Any
alternative control system can only be allowed if approved by the
Administrator as a SIP or FIP revision.
(ii) Stationary VOL storage containers with a capacity greater than
946 l (250 gal) shall be equipped with a submerged-fill pipe or bottom
fill. These controls shall be operated at all times. An alternative
control system can only be allowed if approved by the Administrator as a
SIP or FIP revision.
(7) Leaks. The owner or operator of a paint or ink manufacturing
plant shall, for the purpose of detecting leaks, conduct an equipment
monitoring program as set forth below:
(i) Each pump shall be checked by visual inspection each calendar
week for indications of leaks, that is, liquids dripping from the pump
seal. If there are indications of liquids dripping from the pump seal,
the pump shall be repaired as soon as practicable, but no later than 15
calendar days after the leak is detected.
(ii) Any pump, valve, pressure relief valve, sampling connection,
open-ended valve and flange or connector containing a fluid which is at
least 10 percent VOM by weight which appears to be leaking on the basis
of sight, smell
[[Page 465]]
or sound shall be repaired as soon as practicable, but no later than 15
calendar days after the leak is detected.
(iii) A weather proof, readily visible tag, in bright colors such as
red or yellow, bearing an identification number and the date on which
the leak was detected shall be attached to leaking equipment. The tag
may be removed upon repair, that is, when the equipment is adjusted or
otherwise altered to allow operation without leaking.
(iv) When a leak is detected, the owner or operator shall record the
date of detection and repair and the record shall be retained at the
plant for at least two years from the date of each detection or each
repair attempt. The record shall be made available to any person upon
verbal or written request during business hours.
(8) Clean up. (i) No person shall clean paint or ink manufacturing
equipment with organic solvent unless the equipment being cleaned is
completely covered or enclosed except for an opening no larger than
necessary to allow safe clearance for proper operation of the cleaning
equipment, considering the method and materials being used.
(ii) No person shall store organic wash solvent in other than closed
containers, unless closed containers are demonstrated to be a safety
hazard, or dispose of organic wash solvent in a manner such that more
than 20 percent by weight is allowed to evaporate into the atmosphere.
(9) Compliance schedule. Every owner or operator of an emission
source subject to the control requirements of paragraph (s) of this
section shall comply with the requirements of paragraph (s) of this
section on and after July 1, 1991.
(10) Recordkeeping and reporting. (i) Upon request by the
Administrator, the owner or operator of an emission source which claims
to be exempt from the requirements of paragraph (s) of this section
shall submit records to the Administrator within 30 calendar days from
the date of the request which document that the emission source is in
fact exempt from paragraph (s) of this section. These records shall
include (but are not limited to) the percent water (by weight) in the
paint or ink being produced and the quantity of Magie oil, glycol and
other solvents in the ink being produced.
(ii) Every owner or operator of an emission source which is subject
to the requirements of paragraph (s) of this section shall maintain all
records necessary to demonstrate compliance with those requirements at
the facility for three years.
(t) [Reserved]
(u) Miscellaneous fabricated product manufacturing processes--(1)
Applicability. (i) The requirements of paragraph (u) of this section
shall apply to a plant's miscellaneous fabricated product manufacturing
process emission sources which are not included within any of the source
categories specified in subparts (B), (Q) (excluding sections 215.432
and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452),
(S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of
35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR
52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of
this section; if the plant is subject to paragraph (u) of this section.
A plant is subject to paragraph (u) of this section if it contains
process emission sources, not regulated by subparts (B), (Q) (excluding
sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450,
and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, 215.584),
or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as specified
in 40 CFR 52.742), or by paragraph (d), (e) (excluding paragraph
(e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or (q)(1) of
this section; which as a group both:
(A) Have maximum theoretical emissions of 91 Mg (100 tons) or more
per calendar year of VOM if no air pollution control equipment were
used, and
(B) Are not limited to less than 91 Mg (100 tons) of VOM emissions
per calendar year in the absence of air pollution control equipment,
through production or capacity limitations contained in a federally
enforceable construction permit or a SIP or FIP revision.
(ii) If a plant ceases to fulfill the criteria of paragraph
(u)(1)(i) of this section, the requirements of paragraph (u) of this
section shall continue to apply to a miscellaneous fabricated products
[[Page 466]]
manufacturing process emission source which was ever subject to the
control requirements of paragraph (u)(3) of this section.
(iii) No limits under paragraph (u) of this section shall apply to
emission sources with emissions of VOM to the atmosphere less than or
equal to 0.91 Mg (1.0 ton) per calendar year if the total emissions from
such sources not complying with paragraph (u)(3) of this section does
not exceed 4.5 Mg (5.0 tons) per calendar year.
(iv) For the purposes of paragraph (u) of this section, an emission
source shall be considered regulated by a subpart (of the Illinois
rules) or paragraph if it is subject to the limits of that subpart (of
the Illinois rules) or paragraph. An emission source is not considered
regulated by a subpart (of the Illinois rules) or paragraph if its
emissions are below the applicability cutoff level or if the source is
covered by an exemption.
(v) For the purposes of paragraph (u) of this section, uncontrolled
VOM emissions are the emissions of VOM which would result if no air
pollution control equipment were used.
(2) Permit conditions. No person shall violate any condition in a
permit when the condition results in exclusion of the plant or an
emission source from paragraph (u) of this section.
(3) Control requirements. Every owner or operator of an emission
source subject to paragraph (u) of this section shall comply with the
requirements of paragraph (u)(3) (i), (ii) or (iii) of this section:
(i) Emission capture and control techniques which achieve an overall
reduction in uncontrolled VOM emissions of at least 81 percent, or
(ii) For coating lines, the daily-weighted average VOM content shall
not exceed 0.42 kg VOM/l (3.5 lbs VOM/gal) of coating as applied (minus
water and any compounds which are specifically exempted from the
definition of VOM) during any day. Owners and Code 215 (incorporated by
reference as specified in 40 CFR 52.742), or
(iii) An alternative control plan which has been approved by the
Administrator as a SIP or FIP revision.
(4) Compliance schedule. Every owner or operator of an emission
source subject to the control requirements of paragraph (u) of this
section shall comply with the requirements of paragraph (u) of this
section on and after July 1, 1991.
(5) Testing. Any owner or operator of a VOM emission source which is
subject to paragraph (u) of this section shall demonstrate compliance
with paragraph (u)(3) of this section by using the applicable test
methods and procedures specified in paragraph (a)(4) of this section.
(6) The control requirements in this paragraph apply to the adhesive
globe coating operations at Replogle's Broadview facility in Cook
County, Illinois, instead of the control requirements in paragraph
(u)(3) of this section.
(i) After October 6, 1991, no coatings shall at any time be applied
which exceed the following emission limitations for the specified
coating.
(A) 7.0 lbs VOM per gallon of adhesive coating (minus water and any
compounds which are specifically exempted from the definition of VOM) as
applied to coat globes. Such coating consists of 7879446 Methylene
Chloride (RGI 01004100). The Administrator shall be notified at least
ten (10) days prior to the use of any replacement adhesive for coating
globes.
(B) [Reserved]
(ii) After October 6, 1991, the volume of coatings used shall not
exceed the following:
(A) 572 gallons per year total for all coatings specified in
paragraph (u)(6)(i)(A) of this section. The yearly volume of coatings
used are to be calculated as follows:
(1) Compute the volume of specified coating used each month by the
15th of the following month.
(2) By the 15th of each month, add the monthly coating use for the
12 previous months (to obtain the yearly volume of coatings used).
(B) [Reserved]
(iii) Beginning on October 6, 1991, the owner and operator of the
Replogle Globes, Inc. plant in Broadview, Illinois shall keep the
following records for each month. All records shall be retained at
Replogle Globes, Inc. for three (3) years and shall be made available to
the Administrator on request:
[[Page 467]]
(A) The name and identification number of each coating as applied on
any adhesive globe coating line.
(B) The weight of VOM per volume and the volume of each coating
(minus water and any compounds which are specifically exempted from the
definition of VOM) as applied each month on any adhesive globe coating
line.
(7) The control requirements in this paragraph apply to the glass
candle container coating line(s) and silk screening machines at the
Candle Corporation of America (CCA), Chicago, Illinois facility, instead
of the control requirements in paragraph (u)(3) of this section.
(i) After June 1, 1992, no coatings or inks shall at any time be
applied, at any coating or ink applicator, which exceed the following
emission limitations for the specified coating or ink.
(A) 6.04 pounds (lbs) volatile organic material (VOM) per gallon of
clear lacquer/varnish (minus water and any compounds which are
specifically exempted from the definition of VOM) as applied to coat
glass candle containers. Such clear lacquer/varnish (multi-color) is
identified as LP3500. The Administrator must be notified at least 10
days prior to the use of any replacement clear lacquers/varnishes.
(B) 5.23 lbs VOM per gallon of translucent coating (minus water and
any compounds which are specifically exempted from the definition of
VOM) as applied to coat glass candle containers. Such translucent
coating (multi-color) is identified as LP3603. The Administrator must be
notified at least 10 days prior to the use of any replacement
translucent coatings.
(C) 5.84 lbs VOM per gallon of white lacquer (minus water and any
compounds which are specifically exempted from the definition of VOM) as
applied to coat glass candle containers. Such white lacquer is
identified as LP3507. The Administrator must be notified at least 10
days prior to the use of any replacement white lacquers.
(D) 3.40 lbs VOM per gallon of fast dry enamel silk screen printing
ink (minus water and any compounds which are specifically exempted from
the definition of VOM) as applied to print onto glass candle containers.
(ii) After June 1, 1992, the volume of coating and ink used shall
not exceed the following:
(A) 2,164 gallons per month total for all coatings specified in
paragraph (u)(7)(i)(A) of this section.
(B) 369 gallons per month total for all coatings specified in
paragraph (u)(7)(i)(B) of this section.
(C) 49 gallons per month total for all coatings specified in
paragraph (u)(7)(i)(C) of this section.
(D) 50 gallons per month total for all inks specified in paragraph
(u)(7)(i)(D) of this Section.
(iii) Beginning on June 1, 1992, the owner and operator of CCA's
plant in Chicago, Illinois, shall keep the following records for each
month. All records shall be retained at CCA for 3 years and shall be
made available to the Administrator on request.
(A) The name and identification number of each coating and ink as
applied on any glass candle container coating line or silk screening
machine.
(B) The weight of VOM per volume and the volume of each coating and
ink (minus water and any compounds which are specifically exempted from
the definition of VOM) as applied each month on any glass candle
container coating line or silk screening machine.
(iv) After June 1, 1992, no more than 100 gallons per month of
cleaning solvent is allowed to be used on the glass candle container
coating line(s) at CCA. The only cleaning solvents allowed for use are
acetone (identified as LP3525) and methyl ethyl ketone (identified as
LP3520). Beginning on June 1, 1992, CCA shall keep monthly records of
the type and volume of all cleaning solvents used. All such records
shall be retained at CCA for 3 years and shall be made available to the
Administrator on request.
(v) After June 1, 1992, no more than 50 gallons per month of
cleaning solvent is allowed to be used on the glass candle container
silk screening machines at CCA. The only cleaning solvent allowed for
use is petroleum naphtha (identified as light aromatic naphtha with 7.28
lbs VOM per gallon, minus water and any compounds which are specifically
exempted from the definition of VOM). Beginning on June 1, 1992, CCA
shall keep monthly records
[[Page 468]]
of the type and volume and the weight of VOM per volume (minus water and
any compounds which are specifically exempted from the definition of
VOM) of all cleaning solvents used on the glass candle container silk
screening machines. All such records shall be retained at CCA for 3
years and shall be made available to the Administrator on request.
(8) The control, recordkeeping and reporting requirements in this
paragraph apply to the cellulose food casing manufacturing operations at
the Viskase Corporation plant in Bedford Park, Illinois (Cook County)
instead of the requirements in paragraph (v) of this section, the other
parts of paragraph (u) of this section, and the recordkeeping
requirements in paragraph (y) of this section. Unless otherwise stated,
the following requirements must be met by Viskase on and after November
21, 1995.
(i) VOM emissions shall never exceed 3.30 tons per day.
(ii) VOM emissions shall not exceed 2.22 tons per day, on a monthly
average, during June, July, and August.
(iii) VOM emissions shall not exceed 2.44 tons per day during June,
July, and August.
(iv) Compliance with the emission limits in paragraphs (u)(8) (i)
through (iii) of this section, and the records in paragraph (u)(8)(v) of
this section, shall be determined using an emission factor of ``0.72
pounds of VOM emissions per pound of carbon disulfide consumed.''
(v) Viskase must keep the following daily records:
(A) The pounds of carbon disulfide per charge for its Fibrous
process. If charges with different levels of carbon disulfide per charge
are used the same day, a separate record must be kept for each level of
carbon disulfide per charge.
(B) The pounds of carbon disulfide per charge for its NOJAX process.
If charges with different levels of carbon disulfide per charge are used
the same day, a separate record must be kept for each level of carbon
disulfide per charge.
(C) The number of charges per day, for each level of carbon
disulfide per charge, used in Viskase's Fibrous process.
(D) The number of charges per day, for each level of carbon
disulfide per charge, used in Viskase's NOJAX process.
(E) The total quantity of carbon disulfide used per day in Viskase's
Fibrous process, the total quantity of carbon disulfide used per day in
Viskase's NOJAX process, and the daily VOM emissions resulting from use
of the carbon disulfide.
(F) The monthly use of carbon disulfide, and the monthly VOM
emissions resulting from use of the carbon disulfide, during June, July,
and August.
(vi) Any violation of the emission limits in paragraphs (u)(8) (i)
through (iii) of this section must be reported to USEPA within 30 days
of its occurrence.
(vii) In order to determine daily and monthly VOM emissions, the
test methods in paragraph (a)(4) of this section may be used in addition
to, and take precedence over, the emission factor cited in paragraph
(u)(8)(iv) of this section. Method 15 is to be used instead of Methods
18, 25, and 25A when the test methods in paragraph (a)(4) of this
section are used to determine VOM emissions from Viskase's cellulose
food casing facility.
(v) Miscellaneous formulation manufacturing processes--(1)
Applicability. (i) The requirements of paragraph (v) of this section
shall apply to a plant's miscellaneous formulation manufacturing process
emission sources, which are not included within any of the source
categories specified in subpart (B), (Q) (excluding sections 215.432 and
215.436), (R) (excluding sections 215.447, 215.450, and 215.452),(S),
(V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35
Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR
52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of
this section; if the plant is subject to paragraph (v) of this section.
A plant is subject to paragraph (v) of this section if it contains
process emission sources, not regulated by subpart (B), (Q) (excluding
sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450,
and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and
215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as
specified in 40 CFR 52.742), or
[[Page 469]]
by paragraph (d), (e) (excluding paragraph (e)(1)(i)(L)), (h) (excluding
paragraph (h)(5)), (i), (j), or (q)(1) of this section; which as a group
both:
(A) Have maximum theoretical emissions of 91 Mg (100 tons) or more
per calendar year of VOM if no air pollution control equipment were
used, and
(B) Are not limited to less than 91 Mg (100 tons) of VOM emissions
per calendar year in the absence of air pollution control equipment,
through production or capacity limitations contained in a federally
enforceable construction permit or a SIP or FIP revision.
(ii) If a plant ceases to fulfill the criteria of paragraph
(v)(1)(i) of this section, the requirements of paragraph (v) of this
section shall continue to apply to a miscellaneous formulation
manufacturing process emission source which was ever subject to the
control requirements of paragraph (v)(3) of this section.
(iii) No limits under paragraph (v) of this section shall apply to
emission sources with emissions of VOM to the atmosphere less than or
equal to 2.3 Mg (2.5 tons) per calendar year if the total emissions from
such sources not complying with paragraph (v)(3) of this section does
not exceed 4.5 Mg (5.0 tons) per calendar year.
(iv) For the purposes of paragraph (v) of this section, an emission
source shall be considered regulated by a subpart (of the Illinois
rules) or paragraph if it is subject to the limits of that subpart (of
the Illinois rules) or paragraph. An emission source is not considered
regulated by a subpart (of the Illinois rules) or paragraph if its
emissions are below the applicability cutoff level or if the source is
covered by an exemption.
(v) For the purposes of paragraph (v) of this section uncontrolled
VOM emissions are the emissions of VOM which would result if no air
pollution control equipment were used.
(2) Permit conditions. No person shall violate any condition in a
permit when the condition results in exclusion of the plant or an
emission source from paragraph (v) of this section.
(3) Control requirements. Every owner or operator of an emission
source subject to paragraph (v) of this section shall comply with the
requirements of paragraph (v)(3) (i) or (ii) of this section.
(i) Emission capture and control techniques which achieve an overall
reduction in uncontrolled VOM emissions of at least 81 percent, or
(ii) An alternative control plan which has been approved by the
Administrator as a SIP or FIP revision.
(4) Compliance schedule. Every owner or operator of an emission
source subject to the control requirements of paragraph (v) of this
section shall comply with the requirements of paragraph (v) of this
section on and after July 1, 1991.
(5) Testing. Any owner or operator of a VOM emission source which is
subject to paragraph (v) of this section shall demonstrate compliance
with paragraph (v)(3) of this section by using the applicable test
methods and procedures specified in paragraph (a)(4) of this section.
(6) The control requirements in this paragraph apply to the 7
blenders and 3 moguls of the adhesive coating solution formulation
(compounding) operations at the Minnesota Mining and Manufacturing
Corporation's (3M) Bedford Park facility in Cook County, Illinois,
instead of the control requirements in paragraph (v)(3) of this section.
(i) After September 1, 1991, the following operating restrictions
shall apply to 3M's Bedford Park, Illinois, compounding operations.
(A) The combined operating hours for all blenders shall not exceed
8,400 hours per quarter (rolled on a monthly basis). The combined
quarterly operating hours of all blenders are to be calculated as
follows:
(1) By the 15th of each month, compute the combined monthly
operating hours of all blenders during the previous month.
(2) By the 15th of each month, add the monthly operating hours of
all blenders for the 3 previous months (to obtain the combined quarterly
operating hours of all blenders).
(B) The combined operating hours for all moguls shall not exceed
4,200 hours per quarter (rolled on a monthly basis). The quarterly
operating hours of all moguls are to be calculated as follows:
[[Page 470]]
(1) By the 15th of each month, compute the combined monthly
operating hours of all moguls during the previous month.
(2) By the 15th of each month, add the monthly operating hours of
all moguls for the 3 previous months (to obtain the combined quarterly
operating hours of all moguls).
(ii) Beginning on September 1, 1991, the owner and operator of the
3M Bedford Park Plant in Bedford Park, Illinois, shall keep the
following records. These records shall be compiled on a monthly basis,
be retained at the 3M facility for a period of 3 years, and be made
available to the Administrator upon request.
(A) Separate monthly records for each of the 7 blenders identifying
each batch and the length of each batch as well as the total monthly
hours of operation for all blenders.
(B) Separate monthly records for each of the 3 moguls identifying
each batch and the length of each batch as well as the total monthly
hours of operation for all moguls.
(w) Miscellaneous organic chemical manufacturing processes--(1)
Applicability. (i) The requirements of paragraph (w) of this section
shall apply to a plant's miscellaneous organic chemical manufacturing
process emission sources which are not included within any of the source
categories specified in subparts (B), (Q) (excluding sections 215.432
and 215.436), (R) (excluding sections 215.447, 215.450, and 215.452),
(S), (V), (X), (Y) (sections 215.582, 215.583, and 215.584), or (Z) of
35 Ill. Adm. Code 215 (incorporated by reference as specified in 40 CFR
52.742), or specified in paragraph (d), (e), (h), (i), (j), or (q)(1) of
this section; if the plant is subject to paragraph (w) of this section.
A plant is subject to paragraph (w) of this section if it contains
process emission sources, not regulated by subparts (B), (Q) (excluding
sections 215.432 and 215.436), (R) (excluding sections 215.447, 215.450,
and 215.452), (S), (V), (X), (Y) (sections 215.582, 215.583, and
215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by reference as
specified in 40 CFR 52.742), or by paragraph (d), (e) (excluding
paragraph (e)(1)(i)(L)), (h) (excluding paragraph (h)(5)), (i), (j), or
(q)(1) of this section; which as a group both:
(A) Have maximum theoretical emissions of 91 Mg (100 tons) or more
per calendar year of VOM if no air pollution control equipment were
used, and
(B) Are not limited to less than 91 Mg (100 tons) of VOM emissions
per calendar year in the absence of air pollution control equipment,
through production or capacity limitations contained in a federally
enforceable construction permit or a SIP or FIP revision.
(ii) If a plant ceases to fulfill the criteria of paragraph
(w)(1)(i) of this section, the requirements of paragraph (w) of this
section shall continue to apply to a miscellaneous organic chemical
manufacturing process emission source which was ever subject to the
control requirements of paragraph (w)(3) of this section.
(iii) No limits under paragraph (w) of this section shall apply to
emission sources with emissions of VOM to the atmosphere less than or
equal to 0.91 Mg (1.0 ton) per calendar year if the total emissions from
such sources not complying with paragraph (w)(3) of this section does
not exceed 4.5 Mg (5.0 tons) per calendar year.
(iv) For the purposes of paragraph (w) of this section, an emission
source shall be considered regulated by a subpart (of the Illinois
rules) or paragraph if it is subject to the limits of that subpart (of
the Illinois rules) or paragraph. An emission source is not considered
regulated by a subpart (of the Illinois rules) or paragraph if its
emissions are below the applicability cutoff level or if the source is
covered by an exemption.
(v) For the purposes of paragraph (w) of this section, uncontrolled
VOM emissions are the emissions of VOM which would result if no air
pollution control equipment were used.
(2) Permit conditions. No person shall violate any condition in a
permit when the condition results in exclusions of the plant or an
emission source from paragraph (w) of this section.
(3) Control requirements. Every owner or operator of an emission
source subject to paragraph (w) of this section shall comply with the
requirements of
[[Page 471]]
paragraph (w)(3)(i) or (ii) of this section.
(i) Emission capture and control techniques which achieve an overall
reduction in uncontrolled VOM emissions of at least 81 percent, or
(ii) An alternative control plan which has been approved by the
Administrator as a SIP or FIP revision.
(4) Compliance schedule. Every owner or operator of an emission
source subject to the control requirements of paragraph (w) of this
section shall comply with the requirements of paragraph (w) of this
section on and after July 1, 1991.
(5) Testing. Any owner or operator of a VOM emission source which is
subject to paragraph (w) shall demonstrate compliance with paragraph
(w)(3) of this section by using the applicable test methods and
procedures specified in paragraph (a)(4) of this section.
(x) Other emission sources--(1) Applicability. (i) The requirements
of paragraph (x) of this section shall apply to a plant's VOM emission
sources, which are not included within any of the source categories
specified in subpart (B), (Q) (excluding sections 215.432 and 215.436),
(R) (excluding sections 215.447, 215.450, and 215.452), (S), (V), (X),
(Y) (sections 215.582, 215.583, and 215.584), or (Z) of 35 Ill. Adm.
Code 215 (incorporated by reference as specified in 40 CFR 52.742), or
specified in paragraph (d), (e), (h), (i), (j), (q)(1), (s), (u), (v) or
(w) of this section; if the plant is subject to paragraph (x) of this
section. A plant is subject to paragraph (x) of this section if it
contains process emission sources, not regulated by subpart (B), (Q)
(excluding sections 215.432 and 215.436), (R) (excluding sections
215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections 215.582,
215.583, and 215.584), or (Z) of 35 Ill. Adm. Code 215 (incorporated by
reference as specified in 40 CFR 52.742), or by paragraph (d), (e) of
this section (excluding paragraph (e)(1)(i)(L)), (h) (excluding
paragraph (h)(5)), (i), (j), or (q)(1) of this section; which as a group
both:
(A) Have maximum theoretical emissions of 91 Mg (100 tons) or more
per calendar year of VOM if no air pollution control equipment were
used, and
(B) Are not limited to less than 91 Mg (100 tons) of VOM emissions
per calendar year in the absence of air pollution control equipment,
through production or capacity limitations contained in a federally
enforceable construction permit or a SIP of FIP revision.
(ii) If a plant ceases to fulfill the criteria of paragraph
(x)(1)(i) of this section, the requirements of paragraph (x) of this
section shall continue to apply to an emission source which was ever
subject to the control requirements of paragraph (x)(3) of this section.
(iii) No limits under paragraph (x) of this section shall apply to
emission sources with emissions of VOM to the atmosphere less than or
equal to 2.3 Mg (2.5 tons) per calendar year if the total emissions from
such sources not complying with paragraph (x)(3) of this section does
not exceed 4.5 Mg (5.0 tons) per calendar year.
(iv) For the purposes of paragraph (x) of this section, an emission
source shall be considered regulated by a subpart (of the Illinois
rules) or paragraph if it is subject to the limits of that subpart (of
the Illinois rules) or paragraph. An emission source is not considered
regulated by a subpart (of the Illinois rules) or paragraph of its
emissions are below the applicability cutoff level or if the source is
covered by an exemption.
(v) The control requirements in paragraphs (u), (v), (w), and (x) of
this section shall not apply to sewage treatment plants, vegetable oil
processing plants, coke ovens (including by-product recovery plants),
fuel combustion sources, bakeries, barge loading facilities, jet engine
test cells, pharmaceutical manufacturing, production of polystyrene foam
insulation board (including storage and extrusion of scrap where blowing
agent is added to the polystyrene resin at the plant), production of
polystyrene foam packaging (not including storage and extrusion of scrap
where blowing agent is added to the polystyrene resin at the plant), and
iron and steel production.
(2) Permit conditions. No person shall violate any condition in a
permit when the condition results in exclusion of the plant or an
emission source from paragraph (x) of this section.
[[Page 472]]
(3) Control requirements. Every owner or operator of an emission
source subject to paragraph (x) of this section shall comply with the
requirements of paragraph (x)(3) (i), (ii) or (iii) of this section.
(i) Emission capture and control equipment which achieve an overall
reduction in uncontrolled VOM emissions of at least 81 percent, or
(ii) For coating lines, the daily-weighted average VOM content shall
not exceed 0.42 kg VOM/l (3.5 lbs VOM/gal) of coating (minus water and
any compounds which are specifically exempted from the definition of
VOM) as applied during any day. Owners and operators complying with this
paragraph are not required to comply with section 215.301 of 35 Ill.
Adm. Code 215 (incorporated by reference as specified in 40 CFR 52.742),
or
(iii) An alternative control plan which has been approved by the
Administrator as a SIP or FIP revision.
(4) Compliance schedule. Every owner or operator of an emissions
source which is subject to paragraph (x) of this section shall comply
with the requirements of paragraph (x) of this section on and after July
1, 1991.
(5) Testing. Any owner or operator of a VOM emission source which is
subject to paragraph (x) of this section shall demonstrate compliance
with paragraph (x)(3) of this section by using the applicable test
methods and procedures specified in paragraph (a)(4) of this section.
(6) The control requirements in this paragraph apply to the varnish
operations at the General Motors Corporation, Electro-Motive Division
Plant (GMC Electro-Motive), LaGrange, Illinois, instead of the control
requirements in paragraph (x)(3) of this section.
(i) After July 1, 1991, no coatings shall at any time be applied
which exceed the following emission limitations for the specified
coating.
(A) 8.0 lbs VOM per gallon of coating (minus water and any compounds
which are specifically exempted from the definition of VOM) as applied
at each coating applicator to coat Nomex rings. Such coating consists of
Monsanto Skybond 705 Polyamide Resin (EMD P/N 9088817) and diluents. The
Administrator must be notified at least 10 days prior to the use of any
replacement coating(s) and/or diluents for coating Nomex rings.
(B) 6.8 lbs VOM per gallon of coating (minus water and any compounds
which are specifically exempted from the definition of VOM) as applied
at each coating applicator for any coatings not specified in paragraph
(x)(6)(i)(A) of this section.
(ii) After July 1, 1991, the volume of coatings used shall not
exceed the following:
(A) 600 gallons per year total for all coatings specified in
paragraph (x)(6)(i)(A) of this section. The yearly volume of coatings
used are to be calculated as follows:
(1) Compute the volume of specified coating used each month by the
15th of the following month.
(2) By the 15th of each month, add the monthly coating use for the
12 previous months (to obtain the yearly volume of coatings used).
(B) 28,500 gallons per year total for all coatings other than those
specified in paragraph (x)(6)(i)(A) of this section. The yearly volume
of coatings used are to be calculated as specified in paragraphs
(x)(6)(ii)(A)(1) and (x)(6)(ii)(A)(2) of this section.
(iii) Beginning on July 1, 1991, the owner and operator of the
General Motors Corporation Electro-Motive Division Plant in LaGrange,
Illinois shall keep the following records for each month. All records
shall be retained at General Motors for 3 years and shall be made
available to the Administrator on request.
(A) The name and identification number of each coating as applied on
any coating line within the varnish operation.
(B) The weight of VOM per volume and the volume of each coating
(minus water and any compounds which are specifically exempted from the
definition of VOM) as applied each month on any coating line within the
varnish operation.
(7) The control, recordkeeping, and monitoring requirements in this
paragraph apply to the aluminum rolling mills at the Reynolds Metals
Company's McCook Sheet & Plate Plant in McCook, Illinois (Cook County)
instead
[[Page 473]]
of the control requirements and test methods in the other parts of
paragraph (x), and the recordkeeping requirements in paragraph (y) of
this section. All of the following requirements must be met by Reynolds
on and after July 7, 1995.
(i) Only organic lubricants with initial and final boiling points
between 460 degrees F and 635 degrees F, as determined by a distillation
range test using ASTM method D86-90, are allowed to be used at Reynolds'
aluminum sheet cold rolling mills numbers 1 and 7. All incoming
shipments of organic lubricant for the number 1 and 7 mills must be
sampled and each sample must undergo a distillation range test to
determine the initial and final boiling points using ASTM method D86-90.
A grab rolling lubricant sample shall be taken from each operating mill
on a monthly basis and each sample must undergo a distillation range
test, to determine the initial and final boiling points, using ASTM
method D86-90.
(ii) An oil/water emulsion, with no more than 15 percent by weight
of petroleum-based oil and additives, shall be the only lubricant used
at Reynolds' aluminum sheet and plate hot rolling mills, 120 inch, 96
inch, 80 inch, and 145 inch mills. A grab rolling lubricant sample shall
be taken from each operating mill on a monthly basis and each sample
shall be tested for the percent by weight of petroleum-based oil and
additives by ASTM Method D95-83.
(iii) The temperature of the inlet supply of rolling lubricant for
aluminum sheet cold rolling mills numbers 1 and 7 shall not exceed 150
deg.F, as measured at or after (but prior to the lubricant nozzles) the
inlet sump. The temperature of the inlet supply of rolling lubricant for
the aluminum sheet and plate hot rolling mills, 120 inch, 96 inch, 80
inch, and 145 inch mills shall not exceed 200 deg.F, as measured at or
after (but prior to the lubricant nozzles) the inlet sump. Coolant
temperatures shall be monitored at all the rolling mills by use of
thermocouple probes and chart recorders or electronic data recorders.
(iv) All distillation test results for cold mill lubricants, all
percent oil test results for hot mill lubricants, all coolant
temperature recording charts and/or temperature data obtained from
electronic data recorders, and all oil/water emulsion formulation
records, shall be kept on file, and be available for inspection by
USEPA, for three years.
(8) The control and recordkeeping requirements in this paragraph
apply to the silk screen presses and associated ovens, cleaning
operations and laminators at Parisian's Novelty Company (Parisian),
Chicago, Illinois, facility, instead of the control requirements in
paragraphs (x)(8) (u)(3) and (x)(3) of this section and the
recordkeeping requirements in paragraph (x)(8)(y) of this section.
(i) After March 1, 1993, no coatings or inks shall at any time be
applied, at any coating or ink applicator, which exceed the following
emission limitations for the specified coating or ink.
(A) 6.65 pounds (lbs) volatile organic material (VOM) per gallon of
ink (minus water and any compounds which are specifically exempted from
the definition of VOM) as applied on Parisian's silk screen presses.
(B) 6.4 lbs VOM per gallon of adhesive coating (minus water and any
compounds which are specifically exempted from the definition of VOM) as
applied on Parisian's laminators. Such adhesive is identified as MIX
963.
(ii) After March 1, 1993, the volume of coating and ink used shall
not exceed the following:
(A) 2,556 gallons per year total for all inks. The yearly volume of
inks used is to be calculated as follows:
(1) Compute the volume of ink used each month by the 15th of the
following month.
(2) By the 15th of each month, add the monthly ink usage for the 12
previous months (to obtain the yearly volume of ink used).
(B) 780 gallons per year total for all coatings specified in
paragraph (x)(8)(i)(B) of this section. The yearly volume of coatings
used are to be calculated as specified in paragraphs (x)(8)(ii)(A)(1)
and (x)(8)(ii)(A)(2) of this section.
(iii) Beginning on March 1, 1993, the owner and operator of
Parisian's plant in Chicago, Illinois, shall keep the following records
for each month. All
[[Page 474]]
records shall be retained at Parisian for 3 years and shall be made
available to the Administrator on request.
(A) The name and identification number of each coating as applied on
any laminator.
(B) The weight of VOM per volume and the volume of each coating
(minus water and any compounds which are specifically exempted from the
definition of VOM) as applied each month on any laminator.
(C) The weight of VOM per volume and the volume of each type of ink
(minus water and any compounds which are specifically exempted from the
definition of VOM) as applied each month on any screen press.
(iv) After March 1, 1993, no more than 84 gallons per year of
denatured alcohol may be used for cleaning labels at Parisian. The
yearly volume of denatured alcohol used is to be calculated as specified
in paragraphs (x)(8)(ii)(A)(1) and (x)(8)(ii)(A)(2) of this section.
Beginning on March 1, 1993, Parisian shall keep monthly records of the
type, volume, and VOM content of all solvents used for label cleaning.
These records shall be retained at Parisian for 3 years and shall be
made available to the Administrator on request.
(v) After March 1, 1993, no more than 7,932 gallons per year of
screen wash 956 may be used on Parisian's screen cleaner. The yearly
volume of screen wash 956 used is to be calculated as specified in
paragraphs (x)(8)(ii)(A)(1) and (x)(8)(ii)(A)(2) of this section.
Beginning on March 1, 1993, Parisian shall keep monthly records of the
type, volume, and VOM content of all cleaning compounds used on
Parisian's screen cleaner. These records shall be retained at Parisian
for 3 years and shall be made available to the Administrator on request.
(vi) After March 1, 1993, only those cleaners specifically
identified in paragraphs (x)(8)(iv) and (x)(8)(v) of this section may be
used at Parisian.
(9) The control requirements in this paragraph apply to the process
sources listed in paragraph (x)(9)(i)(A) of this section at the Nalco
Chemical Company facility in Bedford Park, Illinois, instead of the
control requirements in paragraph (x)(3) of this section.
(i) Production and Operation Restrictions.
(A) On and after October 1, 1992, the maximum volatile organic
compound (VOC) emissions per batch, the 12-month rolling average number
of batches per year, and the peak limit of batches per month shall not
exceed the following limits:
----------------------------------------------------------------------------------------------------------------
Maximum VOC emissions, lb/ 12-mo. rolling average Peak batch limit,
Source batch limit batch/yr batch/month
----------------------------------------------------------------------------------------------------------------
(1) System 1 charge................. 0.16...................... 280................... 33
System 1 purge.................. 1.35...................... ...................... ......................
(2) 24-T-156, 157................... 2.60...................... 300................... 33
(3) 28-T-217, 234................... 0.23...................... 402................... 45
(4) 28-T-214-216.................... 5.70...................... 603................... 65
(5) 20-R-182, 185................... 0.02...................... 72.................... 8
(6) 20-R-130........................ 0.07...................... 340................... 38
(7) 20-R-155........................ 0.21...................... 254................... 29
(8) 20-WT-174....................... 0.21...................... 254................... 29
(9) 12-T-97-99...................... 4.6E-4 lb/hr.............. 8,760 hr/yr........... 744 hr/mo
(10) 12-T-95........................ 4.0E-6 lb/hr.............. 8,760 hr/yr........... 744 hr/mo
(11) 12-T-96........................ 7.7E-5 lb/hr.............. 8,760 hr/yr........... 744 hr/mo
(12) 12-T-67, 73.................... 0.003 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(13) 20-T-121-122................... 0.85...................... 312................... 34
(14) 20-T-123-125................... 5.4....................... 616................... 68
(15) 20-T-140, 142.................. 8.0....................... 600................... 65
(16) 20-T-159....................... 0.31...................... 416................... 46
(17) 20-R-193, 200.................. 9.8....................... 540................... 59
(18) 32-R-300....................... 0.18...................... 365................... 41
(19) 32-T-302....................... 0.21...................... 365................... 41
(20) 32-T-304....................... 0.21...................... 730................... 81
(21) 32-T-314....................... 0.23...................... 365................... 41
(22) 32-T-322....................... 0.21...................... 365................... 41
(23) 32-T-328....................... 0.23...................... 365................... 41
(24) 10-T-61........................ 0.001..................... 365--containing 31--containing organic
organic.
(25) 24-T-441, 166.................. 0.12...................... 730................... 81
(26) 25-T-284, 440, 443-444......... 0.28...................... 730................... 81
(27) 25-T-170....................... 4E-6...................... 104................... 12
[[Page 475]]
(28) Tank truck loading............. 0.12 lb/truck............. 1,600 trucks/yr....... 134 trucks/mo
(29) System 2....................... 0.36...................... 280................... 33
(30) System 4....................... 2.88...................... 280................... 33
(31) 25-R-164....................... 0.10...................... 365................... 41
(32) 25-R-205....................... 0.14...................... 365................... 41
(33) Drum station................... 3.51...................... 1,005................. 110
(34) V-4SAC......................... 1.56...................... 254................... 29
(35) 20-CT-155...................... 13.90..................... 254................... 29
(36) 12-SE-100...................... 1.10 lb/hr................ 8,760 hr/yr........... 744 hr/mo
(37) Drum exhaust hood A............ 1.00...................... 365--involving use of 31--involving use of
organic material. organic material
(38) 24-T-230....................... 0.98...................... 730................... 81
(39) 8-CT-1......................... 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(40) 9-CT-1......................... 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(41) 10-CT-1........................ 0.005 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(42) 22-CT-1........................ 0.003 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(43) 25-CT-1........................ 0.005 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(44) 25-CT-2........................ 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(45) 29-CT-1........................ 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(46) 32-CT-1........................ 0.005 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(47) 36-CT-1........................ 0.002 lb/hr............... 8,760 hr/yr........... 744 hr/mo
(48) 32-T-325....................... 0 a....................... 365................... 41
(49) 26-R-195....................... 0.1 a..................... 365................... 41
(50) Continuous polymer-blending.... 0.1 lb/hr a............... 2,000 hr/yr........... ......................
(51) Portafeed washer booth 1....... 0.84 lb/hr b.............. 4,160 hr/yr........... 744 hr/mo
(52) Portafeed washer booth 2....... 0.84 lb/hr b.............. 8,736 hr/yr........... 744 hr/mo
(53) 32-T-392....................... 4.4E-7.................... 104................... 12
----------------------------------------------------------------------------------------------------------------
a Assumed value.
b Based on monitoring data.
(B) The following equation shall be used to calculate maximum VOC
emissions per batch for the process sources listed in paragraphs
(x)(9)(i)(A)(1) (charge only and (2) through (28) and (53) of this
section:
Where:
ER = VOC emission rate;
Qo = Quantity of organic per batch or charge rate;
[GRAPHIC] [TIFF OMITTED] TR21MR95.000
Mv = Molecular weight of the volatile component;
P = Partial pressure of the volatile component for mixtures of liquid
made up with more than one chemical; or vapor pressure for pure liquids
made up of only one organic chemical; and
Constant 1 = (7.45 gal/ft3)x(385 ft3/
mole)x(760 mmHg).
(C) The following equation shall be used to calculate the VOC
emissions per batch from the process sources listed in paragraph
(x)(9)(i)(A)(1) of this section (purge only) and (29) through (32) of
this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.001
[[Page 476]]
Where:
PR=Nitrogen purge rate; and
Constant 2 = (385 ft3/mole)x(760 mmHg).
(D) The following equation shall be used to calculate the VOC
emissions per batch from the drum station listed at paragraph
(x)(9)(i)(A)(33) of this section:
ER(1b/batch) = (0.40 x [ER28-T-217-218])+(0.60 x
[ER28-T-214-216])
(E) The following equation shall be used to calculate the VOC
emissions per batch from the V-4SAC listed at paragraph (x)(9)(i)(A)(34)
of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.002
Where:
FR1mmHg = Maximum air flow rate to maintain 1 mmHg;
Ma = Molecular weight of air; and
Pv2 = Vapor pressure of organic at 65 deg.F and 760 mmHg.
(F) The following equation shall be used to calculate the VOC
emissions per batch from 20-CT-155 listed at paragraph (x)(9)(i)(A)(35)
of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.003
Where:
ERtot = Total system emission rate calculated using the
following equation:
[GRAPHIC] [TIFF OMITTED] TR21MR95.004
Where:
Pv1 = Vapor pressure of organic at 200 deg.F and 350 mmHg.
(G) The following equation shall be used to calculate the VOC
emissions per hour from 12-SE-100 listed at paragraph (x)(9)(i)(A)(36)
of this section:
ER(lb/hr) = Evap (gm/cm2 sec) x area (cm2) x
3600 sec/hr
Where:
Evap = Evaporation rate from a surface 8.93 cm x 8.9 cm (lb/
[cm2] [sec]) calculated using the following equation:
Evap = 10-7 Mv0.71 x [0.034 (Pe -
Pd) 1.25 + 156 (Pe - Pd)]
Where:
Pe = Partial pressure of the component from the spilled
liquid;
Pd = Partial pressure of the component in the incident air
stream, assumed to be 0 mmhg; and
Area = Surface area of the liquid.
(H) The following equation shall be used to calculate the VOC
emissions per batch from the drum exhaust hood A listed at paragraph
(x)(9)(i)(A)(37) of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.005
[[Page 477]]
Where:
FR = Air flow rate.
(I) The following equation shall be used to calculate the VOC emissions
per batch from 24-T-230 listed at paragraph (x)(9)(i)(A)(38) of this
section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.006
Where:
VH = Head space volume at heated temperature 135 deg.F;
VA = Head space volume at ambient temperature 68 deg.F;
PP135 deg.F = Partial pressure of volatile component at 135
deg.F.
Constant 3 = (434 ft3/mole)(7.45 gal/
ft3)x(760 mmHg)
(J) The following equations shall be used to calculate the VOC
emissions per batch from the process sources listed in paragraph
(x)(9)(i) (39) through (47) of this section:
[GRAPHIC] [TIFF OMITTED] TR21MR95.007
Where:
VR = Refill volume;
t = Time between refills;
org = Fraction of organic component in product;
CB = Concentration of chemical B fed 3 times/week;
VT = Tower volume;
dB = Density of chemical B;
CC = Concentration of chemical C fed continuously;
Evap = Evaporation rate; and
dc = Density of chemical C.
(K) The number of batches for each process source shall be
calculated as follows:
(1) Compute the monthly number of batches for each process source by
the 15th day of the following month.
(2) By the 15th day of each month, add the monthly number of batches
for each process source for the 12 previous months to obtain the total
number of batches per year.
(ii) Recordingkeeping. (A) On and after October 1, 1992, the owner
and operator of the Nalco Chemical Company facility in Bedford Park,
Illinois, shall keep the following records for all process sources
listed in paragraphs (x)(9)(i)(A) (1) through (53) of this section.
These records shall be maintained for the units specified in paragraphs
(x)(9)(i) (A) through (K) of this section, be compiled on a monthly
basis, be retained at the facility for a period of 3 years, and be made
available to the Administrator upon request.
(B) [Reserved]
(1) Calculations of the pounds per batch or pounds per hour (as
appropriate) for each batch for each process source. This includes the
information necessary for each calculation.
(2) The monthly number of batches for each process source.
(3) The total number of batches per year for the 12 previous months
for each process source.
(10) The control requirements in this paragraph apply to the storage
tanks listed in paragraph (x)(10)(i)(A) of this section at the Nalco
Chemical Company facility in Bedford Park, Illinois,
[[Page 478]]
instead of the control requirements in paragraph (x)(3) of this section.
(i) Production and Operation Restrictions. (A) On and after October
1, 1992, the product of the molecular weight of vapor in each storage
tank (Mv), the true vapor pressure at bulk liquid conditions
for each tank (P), and the paint factor (Fp); the storage
tank maximum yearly throughput for each tank; and the maximum monthly
throughput for each tank shall not exceed the following limits:
------------------------------------------------------------------------
MV x P x
Fp, (lb) Yearly Monthly
Tank No. (mmhg)/lb- throughput, throughput,
mole gal/yr gal/month
------------------------------------------------------------------------
(1) 24-T-147................. 45.4 56,250 4,688
(2) 24-T-150................. 227 266,450 22,204
(3) 24-T-151................. 227 266,450 22,204
(4) 24-T-158N................ 18.9 173,830 14,486
(5) 24-T-158C................ 18.0 110,190 9,183
(6) 24-T-158S................ 1.17 52,010 4,334
(7) 24-T-160................. 226.8 266,450 22,204
(8) 24-T-161................. 227 182,450 15,204
(9) 24-T-162................. 473 93,900 7,825
(10) 20-T-101................ 3.72 90,290 7,525
(11) 20-T-102................ 1.80 122,900 10,242
(12) 20-T-103................ 420 23,960 1,997
(13) 20-T-104................ 180 475,900 39,659
(14) 20-T-105................ 370 52,360 4,363
(15) 20-T-106................ 1,210 623,100 51,926
(16) 20-T-107................ 294 90,040 7,503
(17) 20-T-108................ 1,360 81,470 6,789
(18) 20-T-109................ 1,390 167,060 13,922
(19) 20-T-153................ 180 35,000 2,917
(20) 20-T-131 a.............. ............ .............. ...........
(21) 20-T-132 a.............. ............ .............. ...........
(22) 20-T-133 a.............. ............ .............. ...........
(23) 20-T-134 a.............. ............ .............. ...........
(24) 20-T-135 a.............. ............ .............. ...........
(25) 20-T-136................ 29.5 307,710 26,580
(26) 20-T-137 a.............. ............ .............. ...........
(27) 20-T-138................ 29.5 307,710 26,580
(28) 32-T-305................ 288 785,550 65,462
(29) 32-T-306................ 66.5 165,350 13,779
(30) 32-T-307................ 66.5 294,750 24,563
(31) 32-T-308................ 66.5 128,470 10,706
(32) 32-T-310................ 66.5 77,290 6,441
(33) 32-T-311................ 66.5 182,130 15,177
(34) 32-T-319................ 50.0 688,950 57,413
(35) 32-T-320................ 50.0 688,950 57,413
(36) 32-T-326................ 70.0 248,440 20,703
(37) 32-T-331................ 70.0 489,540 40,795
(38) 32-T-332................ 70.0 70,380 5,865
(39) 32-T-333................ 70.0 270,850 22,571
(40) 32-T-334................ 70.0 210,610 18,267
(41) 32-T-335................ 70.0 418,200 34,850
(42) 32-T-336................ 70.0 632,460 52,706
(43) 32-T-337................ 798 53,850 4,488
(44) 17-T-206................ 27,000 300,760 25,063
(45) 17-T-208................ 27,000 300,760 25,063
(46) 17-T-207................ 2.48 180,180 15,016
(47) 17-T-209................ 2.48 180,180 15,016
(48) 24-T-515................ 331 216,860 18,072
(49) 25-T-282................ 1.42 1,920,410 160,034
(50) 25-T-283................ 1.42 1,920,410 160,034
(51) 24-T-442................ 18.0 90,990 7,583
(52) 17-T-210................ 47.9 582,990 48,583
(53) 17-T-211................ 47.9 582,990 48,583
(54) 17-T-212................ 508 728,420 60,702
(55) 17-T-213................ 508 728,420 60,702
(56) 17-T-401................ 50.0 131,970 10,998
(57) 17-T-402................ 15.0 120,160 10,014
(58) 17-T-403................ 6.20 127,770 10,648
(59) 17-T-404................ 26.5 1,601,510 133,460
(60) 17-T-405................ 50.0 113,830 9,486
(61) 17-T-406................ 40.0 231,030 19,253
(62) 17-T-407................ 206 135,180 11,265
(63) 17-T-409................ 395 327,410 27,285
[[Page 479]]
(64) 17-T-410................ 395 129,290 10,774
(65) 17-T-411................ 50.0 213,870 17,843
(66) 17-T-412................ 50.0 277,840 23,153
(67) 17-T-414................ 50.0 72,920 6,077
(68) 17-T-415................ 50.0 56,140 4,678
(69) 17-T-416................ 395 393,550 32,796
(70) 17-T-417................ 23.4 233,780 19,482
(71) 17-T-418................ 115 873,270 72,773
(72) 17-T-419................ 119 278,460 23,205
(73) 17-T-420................ 112 730,780 60,898
(74) 17-T-421................ 25.2 300,010 25,001
(75) 17-T-422................ 115 873,270 72,773
(76) 17-T-423................ 23.4 215,060 17,922
(77) 17-T-424................ 23.4 209,610 17,468
(78) 26-T-218................ 50.0 64,890 5,408
(79) 26-T-219................ 1.50 197,900 16,492
(80) 26-T-220................ 2,460 160,020 13,336
(81) 26-T-221................ 50.0 74,820 6,235
(82) 26-T-222................ 80.0 66,590 5,550
(83) 26-T-224................ 4.80 225,290 18,774
(84) 26-T-225................ 50.0 36,610 3,051
(85) 26-T-226................ 294 47,390 3,949
(86) 26-T-227................ 50.0 63,040 5,253
(87) 26-T-228................ 500 136,150 11,346
(88) 26-T-229................ 50.0 112,970 9,414
(89) 26-T-231................ 23.4 319,610 26,634
(90) 26-T-232................ 117 564,280 47,024
(91) 26-T-233................ 23.4 539,700 44,975
(92) 27-T-245................ 21.6 361,970 30,165
(93) 27-T-246................ 348 141,820 11,818
(94) 27-T-247................ 23.4 71,670 5,972
(95) 27-T-248................ 198 96,010 8,001
(96) 27-T-249................ 927 51,240 4,270
(97) 27-T-250................ 110 433,030 36,086
(98) 27-T-251................ 396 45,440 3,787
(99) 27-T-252................ 21.6 171,370 14,281
(100) 27-T-253............... 348 237,900 19,825
(101) 26-T-192............... 10.0 117,950 9,829
(102) 27-T-278............... 0.62 74,910 6,243
(103) 27-T-279............... 0.18 583,760 48,647
(104) 27-T-285............... 21.6 459,530 38,294
(105) 27-T-286............... 21.6 459,530 38,294
(106) 25-T-201............... 19.8 143,550 11,963
(107) 32-T-388............... 0.07 499,340 41,612
(108) 32-T-389............... 0.07 499,340 41,612
(109) 32-T-390............... 288 808,310 583,340
(110) 32-T-391............... 1.42 800,00 583,340
------------------------------------------------------------------------
a Tank not in use.
(B) The throughput shall be calculated as follows:
(1) Compute the monthly throughput for each tank by the 15th day of
the following month.
(2) By the 15th day of each month, add the monthly throughputs for
the 12 previous months to obtain the yearly throughput.
(ii) Recordkeeping. (A) On and after October 1, 1992, the owner and
operator of the Nalco Chemical Company facility in Bedford Park,
Illinois, shall keep the following records for all storage tanks. These
records shall be compiled on a monthly basis, be retained at the
facility for a period of 3 years, and be made available to the
Administrator upon request.
(1) The molecular weight of vapor in each storage tank
(Mv), the true vapor pressure at bulk liquid conditions for
each tank (P), the paint factor (Fp), and their product.
Fp shall be determined from Table 4.3-1 of ``Compilation of
Air Pollutant Emission Factors, Volume I: Stationary Point and Area
Sources,'' AP-42, September 1985.
(2) The monthly throughput.
(3) The total throughput per year for the 12 previous months.
(B) [Reserved]
[[Page 480]]
(iii) Test Methods. (A) The true vapor pressure at bulk liquid
temperature shall be determined by using the procedures specified in
paragraph (a)(8) of this section.
(B) The molecular weight of vapor in the storage tank shall be
determined by using Table 4.3-2 ``Compilation of Air Pollutant Emission
Factors, Volume I: Stationary Point and Area Sources,'' AP-42, September
1985, or by analysis of vapor samples. Where mixtures of organic liquids
are stored in a tank, Mv shall be estimated from the liquid
composition using the following equation:
[GRAPHIC] [TIFF OMITTED] TR21MR95.008
Where:
Ma=Molecular weight of pure component a;
Pa=Vapor pressure of pure component a;
Xa=Mole fraction of pure component a in the liquid;
Mb=Molecular weight of pure component b;
Pb=Vapor pressure of pure component b;
Xb=Mole fraction of pure component b in the liquid; and
Pt=Pa X2= Pb Xb.
(11) The control requirements in this paragraph apply to the
fugitive emission sources listed in paragraph (x)(11)(i)(A) of this
section at the Nalco Chemical Company facility in Bedfore Park,
Illinois, instead of the control requirements in paragraph (x)(3) of
this section.
(i) Production and Operation Restrictions.
(A) On and after October 1, 1992, all components (e.g., pumps,
valves, flanges, pressure relief valves (PRV's), and open end lines) at
the specified locations (e.g., Building 32--Tube Reactor System, etc.),
and in the specified type of service (e.g., heavy liquid stratified,
light liquid stratified, etc.) shall be limited by the maximum monthly
hours in the following table:
(ii) Recordkeeping.
(A) On and after October 1, 1992, the owner and operator of the
Nalco Chemical Company facility in Bedford Park, Illinois, shall keep
the following records for all fugitive emission sources. These records
shall be compiled on a monthly basis, be retained at the facility for a
period of 3 years, and be made available to the Administrator upon
request.
(1) The total number of hours of organic service for each component
at each location specified in paragraphs (x)(11)(i)(A) (1) through (10)
of this section.
(2) The vapor pressure of each organic compound in each component at
each location specified in paragraphs (x)(11)(i)(A) (1) through (10) of
this section.
(B) [Reserved]
(12) The control and recordkeeping and reporting requirements, as
well as the test methods in this paragraph, apply to the gravure and
screen press operations at the Meyercord Corporation (Meyercord) in
Carol Stream, Illinois, instead of the requirements in paragraphs (x)(1)
through (x)(5) of this section.
(i) After July 1, 1991, no materials which contain volatile organic
material (VOM), including coatings, inks, and cleaning material, may be
used at any gravure or screen press unless the total VOM emissions
remain below 100 tons of VOM for every consecutive 365-day period, or
fraction thereof, starting on July 1, 1991. A new 365-day period starts
on each day. The VOM emissions, which are to be calculated on a daily
basis, are to be added to the VOM emissions for the prior 364 days (but
not including any day prior to July 1, 1991). VOM emissions are based
upon the VOM content of the material and the volume of material used.
The effect of add-on control equipment is not considered in calculating
VOM emissions; that is, the VOM emissions are to be determined as if the
press(es) do(es) not have add-on control equipment. The applicable test
methods and procedures specified in paragraph (a)(4) of this section are
to be used in determining daily VOM emissions.
(ii) The VOM content of each coating, ink, and cleaning solution
shall be determined by the applicable test methods and procedures
specified in paragraph (a)(4) of this section to establish the records
required under paragraph (x)(12)(ii) of this section. Beginning on July
1, 1991, the owner or operator of the subject presses shall collect and
record all of the following information
[[Page 481]]
each day and maintain the information at the facility for 3 years:
(A) The name and identification number of each coating, ink, and
cleaning solution as applied on any press.
(B) The pounds (lbs) of VOM per gallon of each coating, ink, and
cleaning solution (minus water and any compounds which are specifically
exempted from the definition of VOM) as applied on any press.
(C) The total gallons of each coating, ink, and cleaning solution
(minus water and any compounds which are specifically exempted from the
definition of VOM) used per day.
(D) The total lbs of VOM contained in the volume of each coating,
ink, and cleaning solution used per day on any press. The lbs of VOM per
day is to be calculated by multiplying the lbs of VOM per gallon (minus
water and any compounds which are specifically exempted from the
definition of VOM) times the gallons (minus water and any compounds
which are specifically exempted from the definition of VOM) used per
day.
(E) The total lbs of VOM per day from all coatings, inks, and
cleaning solutions used on all presses. The total lbs of VOM per day is
to be obtained by adding the lbs of VOM per day contained in all
coatings, inks, and cleaning solutions.
(F) Within 7 days after each 365-day period, the VOM emissions (as
calculated in paragraph (x)(12)(ii)(E)) of this section before add-on
control, from the 365-day period, are to be determined.
Starting on July 7, 1992, VOM emissions are to be determined for the
365 days ending 7 days earlier. Each day concludes a new 365-day period.
However, no VOM emissions are to be included for any days prior to July
1, 1991. For example, on July 17, 1991, the emissions from July 1,
through July 10, 1991, are to be included, whereas on January 7, 1994,
the emissions from January 1, 1993, through December 31, 1993, are to be
included.
(13) The control and recordkeeping and reporting requirements, as
well as the test methods in this paragraph, apply to the sheet fed cold
set presses and web heatset presses at the Wallace Computer Services,
Inc. (Wallace) printing and binding plant in Hillside, Illinois, instead
of the requirements in 40 CFR 52.741(h) and 40 CFR 52.741(x)(1) through
40 CFR 52.741(x)(5).
(i) After July 1, 1991, no inks shall at any time be applied, at the
presses indicated below, which exceed the pounds (lbs) volatile organic
material (VOM) per gallon of ink (minus water and any compounds which
are specifically exempted from the definition of VOM) limit established
for each press. After July 1, 1991, the yearly volume of ink used at
each press, in gallons of ink (minus water and any compounds which are
specifically exempted from the definition of VOM) per year, shall not
exceed the gallons per year limit established below for each press. The
yearly volume of ink used per press is to be calculated according to the
procedure in paragraph (x)(13)(iii) of this section.
------------------------------------------------------------------------
Lbs VOM/
Press gallon Gallons/
ink year ink
------------------------------------------------------------------------
14.................................................. 1.68 276
16.................................................. 1.68 1896
22.................................................. 3.01 2712
23.................................................. 3.01 13140
25.................................................. 3.01 12720
26.................................................. 3.01 4764
------------------------------------------------------------------------
(ii) After July 1, 1991, no materials (other than those inks subject
to the limits in paragraph (x)(13)(i)) of this section, shall at any
time be applied or used, at the presses indicated below, which exceed
the lbs VOM per gallon of material (minus water and any compounds which
are specifically exempted from the definition of VOM) limit established
for each press. After July 1, 1991, the yearly volume of material
(excluding ink and water) used at each press, in gallons of material
(minus water and any compounds which are specifically exempted from the
definition of VOM) per year, shall not exceed the gallons per year limit
established for each press. The yearly volume of material (excluding ink
and water) used per press is to be calculated according to the procedure
in paragraph (x)(13)(iii) of this section.
[[Page 482]]
------------------------------------------------------------------------
Lbs VOM/ Gallons/
Press gallon year
material material
------------------------------------------------------------------------
14................................................. 6.9 612
16................................................. 6.9 8,340
22................................................. 7.1 360
23................................................. 7.1 480
25................................................. 7.1 516
26................................................. 7.1 1,848
------------------------------------------------------------------------
(iii) The yearly volume of ink/material used is to be calculated as
follows:
(A) Compute the volume of ink/material used each month per press by
the 15th of the following month.
(B) By the 15th of each month, add the monthly ink/material usage
per press for the 12 previous months (to obtain the yearly volume of ink
used).
(iv) Beginning on July 1, 1991, the owner and operator of Wallace's
plant in Hillside, Illinois, shall keep the following records for each
press for each month. All records shall be retained by Wallace for 3
years and shall be made available to the Administrator on request:
(A) The name and identification number of each ink, fountain
solution, fountain solution additive, cleaning solvent, and other VOM
containing material as applied or used.
(B) The weight of VOM per volume of each ink, fountain solution,
fountain solution additive, cleaning solvent, and each other VOM
containing material (minus water and any compounds which are
specifically exempted from the definition of VOM) as applied or used
each month.
(C) The volume of ink (minus water and any compounds which are
specifically exempted from the definition of VOM) as applied each month.
(D) The total volume of miscellaneous VOM containing materials
(minus water and any compounds which are specifically exempted from the
definition of VOM), other than inks, that are used each month.
(v) Any record showing a violation of paragraph (x)(13)(i) or
(x)(13)(ii) of this section shall be reported by sending a copy of such
record to the Administrator within 30 days of the violation.
(vi) To determine compliance with paragraphs (x)(13)(i) and
(x)(13)(ii) of this section and to establish the records required under
paragraph (x)(13)(iv) of this section the VOM content of each ink and
miscellaneous VOM containing material shall be determined by the
applicable test methods and procedures specified in paragraph (a)(4) of
this section.
(14) The control and recordkeeping and reporting requirements, as
well as the test methods in this paragraph, apply to the power-operated
silk screen presses, the hand screen presses, the screen adhesive
printing lines, the Andreotti rotogravure press, the Halley Rotogravure
press, and the Viking press at the American Decal and Manufacturing
Company's plant in Chicago, Illinois, instead of the requirements in
paragraphs (h) and (x)(1) through (x)(5) of this section. The emissions
from the sources listed above (in paragraph (x)(14) of this section) are
to be included in the calculation of ``maximum theoretical emissions''
for determining applicability for any other sources (for which
applicability is based on the quantity of maximum theoretical emissions)
at American Decal and Manufacturing Company's Chicago plant not included
in paragraph (x)(14) of this section.
(i) After July 24, 1992, no inks, coatings, thinner, clean-up
material or other VOC-containing material shall at any time be applied,
at the presses/printing lines listed above (in paragraph (x)(14) of this
section), which exceed the VOC content (in percent by weight VOC) limit
established below. After July 24, 1992, the yearly usage (in weight of
material applied) of ink, coating, thinner, clean-up material, and other
VOC-containing material, shall not exceed the applicable pounds per year
limit established below. The yearly weight of ink, coating, thinner,
clean-up material, and other VOC-containing material is to be calculated
according to the procedure in paragraph (x)(14)(ii) of this section.
------------------------------------------------------------------------
Weight
Material Usage Percent
(lbs/yr) VOC
------------------------------------------------------------------------
6 ink.............................................. 9,076 56.8
7 ink.............................................. 1,278 54.2
2 ink.............................................. 2,911 72.7
Blue N.C. lacq...................................... 394 64.3
Black M lacq........................................ 753 61.6
4B9L Clear.......................................... 2,451 77.1
4B9L H Clear........................................ 3,360 75.0
Flow-Out Agent...................................... 1,795 97.1
D.S. Stamp lacq..................................... 1,047 62.0
[[Page 483]]
Dull write-on....................................... 86 71.6
AH-16............................................... 621 84.5
Thinner (7,6)...................................... 2,350 100.0
Exon 470............................................ 1,668 65.4
9L Clear............................................ 2,451 77.1
White M lacq........................................ 3,467 47.0
Tedlar Gr. Vehicle.................................. 1,050 66.7
TH-98............................................... 22,047 73.2
TH-57............................................... 59 69.5
TH-14M.............................................. 16,520 0.7
PS 160.............................................. 10,644 3.0
1 tint............................................. 4,872 69.3
2 tint............................................. 4,256 83.7
Roto Color.......................................... 13,884 62.0
1st SS White........................................ 25,740 51.5
2nd SS White........................................ 25,740 51.5
Clean Up............................................ 108,742 100.0
Other Materials..................................... 400 100.0
------------------------------------------------------------------------
(ii) The yearly weight of material used is to be calculated as
follows:
(A) Compute the weight of each ink, coating, thinner, clean-up
material, and other VOC-containing material used each month by the 15th
of the following month.
(B) By the 15th of each month, add the monthly usage (in pounds) for
each ink, coating, thinner, clean-up material, and other VOC-containing
material for the twelve previous months (to obtain the yearly weight of
each ink, coating, thinner, clean-up material used). A comparison of
these yearly usage levels (in pounds) with purchase records must be made
to ensure the accuracy of the monthly usage levels (in pounds) obtained
to satisfy paragraph (x)(14)(ii)(A) of this section.
(iii) Beginning on August 1, 1992, the owner and operator of the
American Decal and Manufacturing Company plant in Chicago, Illinois,
shall keep the following records for each ink, coating, thinner, clean-
up material, and other VOC-containing material for each month. All
records shall be kept by the American Decal and Manufacturing Company
for 3 years and shall be made available to the Administrator on request:
(A) The name and identification number of each ink, coating,
thinner, clean-up material, and other VOC-containing material as applied
or used.
(B) The weight percent VOC of each ink, coating, thinner, clean-up
material, and each other VOC-containing material as applied or used each
month.
(C) The as applied weight of each ink, coating, thinner, clean-up
material, and other VOC-containing material used each month.
(iv) Any record showing a violation of paragraph (x)(14)(i) of this
section after October 20, 1995 shall be reported by sending a copy of
such record to the Administrator within 30 days of the violation.
(v) To determine compliance with paragraph (x)(14)(i) of this
section and to establish the records required under paragraph
(x)(14)(iii) of this section, the weight percent VOC of each ink,
coating, thinner, clean-up material, and other VOC-containing material
shall be determined by the applicable test methods and procedures
specified in paragraph (a)(4) of this section. Any material reported to
be 100 percent VOC does not have to be tested for weight percent VOC.
(y) Recordkeeping and reporting for non-CTG sources--(1) Exempt
emission sources. Upon request by the Administrator, the owner or
operator of an emission source which is exempt from the requirements of
paragraphs (u), (v), (w), (x), or (e)(3)(ii) of this section shall
submit records to the Administrator within 30 calendar days from the
date of the request that document that the emission source is exempt
from those requirements.
(2) Subject emission sources. (i) Any owner or operator of a VOM
emission source which is subject to the requirements of paragraph (u),
(v), (w) or (x) of this section and complying by the use of emission
capture and control equipment shall comply with the following:
(A) By July 1, 1991, or upon initial start-up of a new emission
source, the owner or operator of the subject VOM emission source shall
perform all tests and submit to the Administrator the results of all
tests and calculations necessary to demonstrate that the subject
emission source will be in compliance on and after July 1, 1991, or on
and after the initial start-up date.
(B) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a subject VOM emission source shall
collect and record all of the following information each day and
maintain the information
[[Page 484]]
at the facility for a period of three years:
(1) Control device monitoring data.
(2) A log of operating time for the capture system, control device,
monitoring equipment and the associated emission source.
(3) A maintenance log for the capture system, control device and
monitoring equipment detailing all routine and non-routine maintenance
performed including dates and duration of any outages.
(C) On and after July 1, 1991, the owner or operator of a subject
VOM emission source shall notify the Administrator in the following
instances:
(1) Any record showing a violation of the requirements of paragraphs
(u), (v), (w), or (x) of this section shall be reported by sending a
copy of such record to the Administrator within 30 days following the
occurrence of the violation.
(2) At least 30 calendar days before changing the method of
compliance with paragraphs (u) or (x) of this section from the use of
capture systems and control devices to the use of complying coatings,
the owner or operator shall comply with all requirements of paragraph
(y)(2)(ii)(A) of this section. Upon changing the method of compliance
with paragraphs (u) or (x) of this section from the use of capture
systems and control devices to the use of complying coatings, the owner
or operator shall comply with all requirements of paragraph (y)(2)(ii)
of this section.
(ii) Any owner or operator of a coating line which is subject to the
requirements of paragraphs (u) or (x) of this section and complying by
means of the daily-weighted average VOM content limitation shall comply
with the following:
(A) By July 1, 1991, or upon initial start-up of a coating line
subject to paragraph (u) or (x) of this section; the owner or operator
of the subject coating line shall certify to the Administrator that the
coating line will be in compliance on and after July 1, 1991, or on and
after the initial start-up date. Such certification shall include:
(1) The name and identification number of each coating line which
will comply by means of the daily-weighted average VOM content
limitation.
(2) The name and identification number of each coating as applied on
each coating line.
(3) The weight of VOM per volume and the volume of each coating
(minus water and any compounds which are specifically exempted from the
definition of VOM) as applied each day on each coating line.
(4) The instrument or method by which the owner or operator will
accurately measure or calculate the volume of each coating as applied
each day on each coating line.
(5) The method by which the owner or operator will create and
maintain records each day as required in paragraph (y)(2)(ii)(B) of this
section.
(6) An example of the format in which the records required in
paragraph (y)(2)(ii)(B) of this section will be kept.
(B) On and after July 1, 1991, or on and after the initial start-up
date, the owner or operator of a subject coating line shall collect and
record all of the following information each day for each coating line
and maintain the information at the facility for a period of three
years:
(1) The name and identification number of each coating as applied on
each coating line.
(2) The weight of VOM per volume and the volume of each coating
(minus water and any compounds which are specifically exempted from the
definition of VOM) as applied each day on each coating line.
(3) The daily-weighted average VOM content of all coatings as
applied on each coating line as defined in paragraph (a)(3) of this
section.
(C) On and after July 1, 1991, the owner or operator of a subject
coating line shall notify the Administrator in the following instances:
(1) Any record showing violation of the requirements of paragraph
(u) or (x) of this section shall be reported by sending a copy of such
record to the Administrator within 30 days following the occurrence of
the violation.
(2) At least 30 calendar days before changing the method of
compliance with paragraph (u) or (x) of this section from the use of
complying coatings to
[[Page 485]]
the use capture systems and control devices, the owner or operator shall
comply with all requirements of paragraph (y)(2)(i)(A) of this section.
Upon changing the method of compliance with paragraphs (u) or (x) of
this section from the use of complying coatings to the use capture
systems and control devices, the owner or operator shall comply with all
requirements of paragraph (y)(2)(i) of this section.
(iii) Any owner or operator of a VOM emission source which is
subject to the requirements of paragraphs (u), (v), (w) or (x) of this
section and complying by means of an alternative control plan which has
been approved by the Administrator as a SIP or FIP revision shall comply
with the recordkeeping and reporting requirements specified in the
altenative control plan.
(z) Rules stayed. Not withstanding any other provision of this
subpart, the effectiveness of the following rules is stayed as indicated
below.
(1) [Reserved]
(2) Compliance with all of 40 CFR 52.741 is stayed for 60 days (July
1, 1991, until August 30, 1991) as it pertains to the following parties:
The Illinois Environmental Regulatory Group including its approximately
40 member firms; Allsteel, Incorporated; Riverside Laboratories,
Incorporated; the Printing Industry of Illinois/Indiana Association
including its member firms, and R.R. Donnelley & Sons Company; the rules
applicable to General Motors Corporation; Reynolds Metals Company;
Stepan Company; and Duo-Fast Corporation. Final compliance for these
parties is extended 60 days from July 1, 1991 until August 30, 1991.
(3) The following rules are stayed from July 23, 1991, until USEPA
completes its reconsideration as indicated:
(i) 40 CFR 52.741(e) only as it applies to Duo-Fast Corporation's
Franklin Park, Illinois ``power-driven metal fastener'' manufacturing
facility, and
(ii) 40 CFR 52.741 (w) and (y) only as it applies to Stepan
Company's miscellaneous organic chemical manufacturing processes at its
manufacturing facility located near Millsdale, Illinois.
When USEPA concludes its reconsideration, it will publish its
decision and any actions required to effectuate that decision in the
Federal Register.
(4)-(5) [Reserved]
Appendix A--List of Chemicals Defining Synthetic Organic Chemical and
Polymer Manufacturing
------------------------------------------------------------------------
OCPDB No.\1\ Chemical
------------------------------------------------------------------------
20..................................... Acetal.
30..................................... Acetaldehyde.
40..................................... Acetaldol.
50..................................... Acetamide.
65..................................... Acetanilide.
70..................................... Acetic acid.
80..................................... Acetic anhydride.
90..................................... Acetone.
100.................................... Acetone cyanohydrin.
110.................................... Acetonitrile.
120.................................... Acetophenone.
125.................................... Acetyl chloride.
130.................................... Acetylene.
140.................................... Acrolein.
150.................................... Acrylamide.
160.................................... Acrylic acid & esters.
170.................................... Acrylonitrile.
180.................................... Adipic acid.
185.................................... Adiponitrile.
190.................................... Alkyl naphthalenes.
200.................................... Allyl alcohol.
210.................................... Allyl chloride.
220.................................... Aminobenzoic acid.
230.................................... Aminoethylethanolamine.
235.................................... p-aminophenol.
240.................................... Amyl acetates.
250.................................... Amyl alcohols.
260.................................... Amyl amine.
270.................................... Amyl chloride.
280.................................... Amyl mercaptans.
290.................................... Amyl phenol.
300.................................... Aniline.
310.................................... Aniline hydrochloride.
320.................................... Anisidine.
330.................................... Anisole.
340.................................... Anthranilic acid.
350.................................... Anthraquinone.
360.................................... Benzaldehyde.
370.................................... Benzamide.
380.................................... Benzene.
390.................................... Benzenedisulfonic acid.
400.................................... Benzene-sulfonic acid.
410.................................... Benzil.
420.................................... Benzilic acid.
430.................................... Benzoic acid.
440.................................... Benzoin.
450.................................... Bennzonitrile.
460.................................... Benzophenone.
480.................................... Benzotrichloride.
490.................................... Benzoyl chloride.
500.................................... Benzyl chalcohol.
510.................................... Benzyl amine.
520.................................... Benzyl benzoate.
530.................................... Benzyl chloride.
540.................................... Benzyl dichloride.
550.................................... Biphenyl.
560.................................... Bisphenol A.
570.................................... Bromobenzene.
580.................................... Bromonaphthalene.
590.................................... Butadiene.
592.................................... 1-butene.
600.................................... n-butyl acetate.
630.................................... n-butyl acrylate.
640.................................... n-butyl alcohol.
650.................................... s-butyl alcohol.
660.................................... t-butyl alcohol.
[[Page 486]]
670.................................... n-butylamine.
680.................................... s-butylamine.
690.................................... t-butylamine.
700.................................... p-pert-butyl benzoic acid.
750.................................... n-butyraldehyde.
760.................................... Butyric acid.
770.................................... Butyric anhydride.
780.................................... Butyronitrile.
785.................................... Caprolactam.
790.................................... Carbon disulfide.
800.................................... Carbon tetrabromide.
810.................................... Carbon tetrachloride.
820.................................... Cellulose acetate.
840.................................... Chloroacetic acid.
850.................................... m-chloroaniline.
860.................................... o-chloroaniline.
870.................................... p-chloroaniline.
880.................................... Chlorobenzaldehyde.
890.................................... Chlorobenzene.
900.................................... Chlorobenzoic acid.
905.................................... Chlorobenzotrichloride.
910.................................... Chlorobenzoyl chloride.
920.................................... Chlorodifluoroethane.
921.................................... Chlorodifluoromethane.
930.................................... Chloroform
940.................................... Chloronaphthalene.
950.................................... o-chloronitrobenzene.
951.................................... p-chloronitrobenzene.
960.................................... Chlorophenols.
964.................................... Chloroprene.
965.................................... Chlorosulfonic acid.
970.................................... m-chlorotoluene.
980.................................... o-chlorotoluene.
990.................................... p-chlorotoluene.
992.................................... Chlorotrifluoromethane.
1000................................... m-cresol.
1010................................... o-cresol.
1020................................... p-cresol.
1021................................... Mixed cresols.
1030................................... Cresylic acid.
1040................................... Crontonaldehyde.
1050................................... Crontonic acid.
1060................................... Cumene.
1070................................... Cumene hydroperoxide.
1080................................... Cyanoacetic acid.
1090................................... Cyanogen chloride.
1100................................... Cyanuric acid.
1110................................... Cyanuric chloride.
1120................................... Cychohexane.
1130................................... Cyclohexanol.
1140................................... Cyclohexanone.
1150................................... Cyclohexene.
1160................................... Cyclohexylamine.
1170................................... Cyclooctadiene.
1180................................... Decanol.
1190................................... Diacetone alcohol.
1200................................... Diaminobenzoic acid.
1210................................... Dichloroaniline.
1215................................... m-dichlorobenzene.
1216................................... o-dichlorobenzene.
1220................................... p-dichlorobenzene.
1221................................... Dichlorodifluoromethane.
1240................................... Dichloroethyl ether 1,2-
dichloroethane.
1250................................... Dichlorohydrin
1270................................... Dichloropropene.
1280................................... Dicyclohexylamine.
1290................................... Diethylamine.
1300................................... Diethylene glycol.
1304................................... Diethylene glycol diethyl
ether.
1305................................... Diethylene glycol dimethyl
ether.
1310................................... Diethylene glycolmonobutyl
ether.
1320................................... Diethylene glycolmonobutyl
ether acetate.
1330................................... Diethylene glycolmonoethyl
ether.
1340................................... Diethylene glycolmonoethyl
ether acetate.
1360................................... Diethylene glycolmonomethyl
ether.
1420................................... Diethyl sulfate.
1430................................... Difluoroethane.
1440................................... Diisobutylene.
1442................................... Diisodecyl phthalate.
1444................................... Diisooctyl phthalate.
1450................................... Diketene.
1460................................... Dimethylamine.
1470................................... N,N-dimethylaniline.
1480................................... N,N-dimethylether.
1490................................... N,N-dimethylformamide.
1495................................... Dimethylhydrazine.
1500................................... Dimethyl sulfate.
1510................................... Dimethyl sulfide.
1520................................... Dimethylsulfoxide.
1530................................... Dimethylterephthalate.
1540................................... 3,5-dinitrobenzoic acid.
1545................................... Dinitrophenol.
1560................................... Dioxane.
1570................................... Dioxolane.
1580................................... Diphenylamine.
1590................................... Diphenyl oxide.
1600................................... Diphenyl thiourea.
1610................................... Dipropylene glycol.
1620................................... Dodecene.
1630................................... Dodecylaniline.
1640................................... Dodecylphenol.
1650................................... Epichlorohydrin.
1660................................... Ethanol.
1661................................... Ethanolamines.
1670................................... Ethyl acetate.
1680................................... Ethyl acetoacetate.
1690................................... Ethyl acrylate.
1700................................... Ethylamine.
1710................................... Ethylbenzene.
1720................................... Ethyl bromide.
1730................................... Ethylcellulose.
1740................................... Ethyl chloride.
1750................................... Ethyl chloroacetate.
1760................................... Ethylcyanoacetate.
1770................................... Ethylene.
1780................................... Ethylene carbonate.
1790................................... Ethylene chlorodhydrin.
1800................................... Ethylenediamine.
1810................................... Ethylene dibromide.
1830................................... Ethylene glycol.
1840................................... Ethylene glycol diacetate.
1870................................... Ethylene glycol dimethyl ether.
1890................................... Ethylene glycol monobutyl
ether.
1900................................... Ethylene glycol monobutyl ether
acetate.
1910................................... Ethylene glycol monoethyl
ether.
1920................................... Ethylene glycol monoethyl ether
acetate.
1930................................... Ethylene glycol monoethyl
ether.
1940................................... Ethylene glycol monomethyl
ether acetate.
1960................................... Ethylene glycol monophenyl
ether.
1970................................... Ethylene glycol monopropyl
ether.
1980................................... Ethylene oxide.
1990................................... Ethyl ether.
2000................................... 2-ethylhexanol.
2010................................... Ethyl orthoformate.
2020................................... Ethyl oxalate.
2030................................... Ethyl sodium oxalacetate.
2040................................... Formaldehyde.
2050................................... Formamide.
2060................................... Formic acid.
2070................................... Fumaric acid.
2073................................... Furfural.
2090................................... Glycerol (Synthetic).
2091................................... Glycerol dichlorohydrin.
2100................................... Glycerol triether.
2110................................... Glycine.
2120................................... Glyoxal.
[[Page 487]]
2145................................... Hexachlorobenzene.
2150................................... Hexachloroethane.
2160................................... Hexadecyl alcohol.
2165................................... Hexamethylenediamine.
2170................................... Hexamethylene glycol.
2180................................... Hexamethylentetramine.
2190................................... Hydrogen cyanide.
2200................................... Hydroquinone.
2210................................... p-hydroxy-benzoic acid.
2240................................... Isoamylene.
2250................................... Isobutanol.
2260................................... Isobutyl acetate.
2261................................... Isobutylene.
2270................................... Isobutyraldehyde.
2280................................... Isobutyric acid.
2300................................... Isodecanol.
2320................................... Isooctyl alcohol.
2321................................... Isopentane.
2330................................... Isophorone.
2340................................... Isophthalic acid.
2350................................... Isoprene.
2360................................... Isopropanol.
2370................................... Isopropyl acetate.
2380................................... Isopropylamine.
2390................................... Isopropyl chloride.
2400................................... Isopropylphenol.
2410................................... Ketene.
2414................................... Linear alkylsulfonate.
2417................................... Linear alkylbenzene.
2420................................... Maleic acid.
2430................................... Maleic anhydride.
2440................................... Malic acid.
2450................................... Mesityl oxide.
2455................................... Metanilic acid.
2460................................... Methacrylic acid.
2490................................... Methallyl chloride.
2500................................... Methanol.
2510................................... Methyl acetate.
2520................................... Methyl acetoacetate.
2530................................... Methylamine.
2540................................... n-methylaniline.
2545................................... Methyl bromide.
2550................................... Methyl butynol.
2560................................... Methyl chloride.
2570................................... Methyl cyclohexane.
2590................................... Methyl cyclohexanone.
2620................................... Methylene chloride.
2630................................... Methylene dianiline.
2635................................... Methylene diphenyl
diisocyanate.
2640................................... Methyl ethyl ketone.
2644................................... Methyl formate.
2650................................... Methyl isobutyl carbinol.
2660................................... Methyl isobutyl ketone.
2665................................... Methyl methacrylate.
2670................................... Methyl pentynol.
2690................................... a-methyl styrene.
2700................................... Morpholine.
2710................................... a-napthalene sulfonic acid.
2720................................... B-napthalene sulfonic acid.
2730................................... a-naphthol.
2740................................... B-naphthol.
2750................................... Neopentanoic acid.
2756................................... o-nitroaniline.
2757................................... p-nitroaniline.
2760................................... o-nitroanisole.
2762................................... p-nitroanisole.
2770................................... Nitrobenzene.
2780................................... Nitrobenzoic acid (o, m & p).
2790................................... Nitroethane.
2791................................... Nitromethane.
2792................................... Nitrophenol.
2795................................... Nitropropane.
2800................................... Nitrotoluene.
2810................................... Nonene.
2820................................... Nonyl phenol.
2830................................... Octyl phenol.
2840................................... Paraldehyde.
2850................................... Pentaerythritol.
2851................................... n-pentane.
2855................................... l-pentene.
2860................................... Perchloroethylene.
2882................................... Perchloromethylmercaptan.
2890................................... o-phenetidine.
2900................................... p-phenetidine.
2910................................... Phenol.
2920................................... Phenolsulfonic acids.
2930................................... Phenyl anthranilic acid.
2940................................... Phenylenediamine.
2960................................... Phthalic anhydride.
2970................................... Phthalimide.
2973................................... b-picoline.
2976................................... Piperazine.
3000................................... Polybutenes.
3010................................... Polyethylene glycol.
3025................................... Polypropylene glycol.
3063................................... Propionaldehyde.
3066................................... Propionic acid.
3070................................... n-propyl alcohol.
3075................................... Propylamine.
3080................................... Propyl chloride.
3090................................... Propylene.
3100................................... Propylene chlorohydrin.
3110................................... Propylene dichloride.
3111................................... Propylene glycol.
3120................................... Propylene oxide.
3130................................... Pyridine.
3140................................... Quinone.
3150................................... Resorcinol.
3160................................... Resorcylic acid.
3170................................... Salicylic acid.
3180................................... Sodium acetate.
3181................................... Sodium benzoate.
3190................................... Sodium carboxymethylcellulose.
3191................................... Sodium chloroacetate.
3200................................... Sodium formate.
3210................................... Sodium phenate.
3220................................... Sorbic acid.
3230................................... Styrene.
3240................................... Succinic acid.
3250................................... Succinitrile.
3251................................... Sulfanilic acid.
3260................................... Sulfolane.
3270................................... Tannic acid.
3280................................... Terephthalic acid.
3290 & 3291............................ Tetrachloroethanes.
3300................................... Tetrachlorophthalic anhydride.
3310................................... Tetraethyllead.
3320................................... Tetrahydronaphthalene.
3330................................... Tetrahydrophthalic anhydride.
3335................................... Tetramethyllead.
3340................................... Tetramethylenediamine.
3341................................... Tetramethylethylenediamine.
3349................................... Toluene.
3350................................... Toluene-2,4-diamine.
3354................................... Toluene-2,4-diisocyanate.
3355................................... Toluene diisocyanates
(mixture).
3360................................... Toluene sulfonamide.
3370................................... Toluene sulfonic acids.
3380................................... Toluene sulfonylchloride.
3381................................... Toluidines.
3393................................... Trichlorobenzenes.
3395................................... 1,1,1-trichloroethane.
3400................................... 1,1,2-trichloroethane.
3410................................... Trichloroethylene.
3411................................... Trichlorofluoromethane.
[[Page 488]]
3420................................... 1,2,3-trichloropropane.
3430................................... 1,1,2-trichloro-1,2,2-
trifluoroethane.
3450................................... Triethylamine.
3460................................... Triethylene glycol.
3470................................... Triethylene glycoldimethyl
ether.
3480................................... Triisobutylene.
3490................................... Trimethylamine.
3510................................... Vinyl acetate.
3520................................... Vinyl chloride.
3530................................... Vinylidene chloride.
3540................................... Vinyl toluene.
3541................................... Xylene (mixed).
3560................................... o-xylene.
3570................................... p-xylene.
3580................................... Xylenol.
3590................................... Xylidine, 1,3-butylene glycol,
Dinitrotoluene,
Methyltertbutyl ether,
Phosgene, Polyethylene,
Polypropylene, Polystyrene,
Urea.
------------------------------------------------------------------------
\1\ The OCPDB Numbers are reference indices assigned to the various
chemicals in the Organic Chemical Producers Data Base developed by the
USEPA.
Appendix B--VOM Measurement Techniques for Capture Efficiency
Procedure G.1--Captured VOC Emissions
1. Introduction
1.1 Applicability. This procedure is applicable for determining the
volatile organic compounds (VOC) content of captured gas streams. It is
intended to be used as a segment in the development of liquid/gas or
gas/gas protocols for determining VOC capture efficiency (CE) for
surface coating and printing operations. The procedure may not be
acceptable in certain site-specific situations, e.g., when: (1) Direct
fired heaters or other circumstances affect the quantity of VOC at the
control device inlet; and (2) particulate organic aerosols are formed in
the process and are present in the captured emissions.
1.2 Principle. The amount of VOC captured (G) is calculated as the
sum of the products of the VOC content (CGj), the flow rate
(QGj), and the sample time (TC) from each captured
emissions point.
1.3 Estimated measurement uncertainty. The measurement
uncertainties are estimated for each captured or fugitive emissions
point as follows: QGj=5.5 percent and
CGj=5.0 percent. Based on these numbers, the
probable uncertainty for G is estimated at about 7.4
percent.
1.4 Sampling requirements. A capture efficiency test shall consist
of at least three sampling runs. The sampling time for each run should
be at least 8 hours, unless otherwise approved.
1.5 Notes. Because this procedure is often applied in highly
explosive areas, caution and care should be exercised in choosing
appropriate equipment and installing and using the equipment. Mention of
trade names or company products does not constitute endorsement. All gas
concentrations (percent, ppm) are by volume, unless otherwise noted.
2. Apparatus and Reagents
2.1 Gas VOC concentration. A schematic of the measurement system is
shown in Figure 1. The main components are described below:
2.1.1 Sample probe. Stainless steel, or equivalent. The probe shall
be heated to prevent VOC condensation.
2.1.2 Calibration valve assembly. Three-way valve assembly at the
outlet of sample probe to direct the zero and calibration gases to the
analyzer. Other methods, such as quick-connect lines, to route
calibration gases to the outlet of the sample probe are acceptable.
2.1.3 Sample line. Stainless steel or Teflon tubing to transport
the sample gas to the analyzer. The sample line must be heated to
prevent condensation.
2.1.4 Sample pump. A lead-free pump, to pull the sample gas through
the system at a flow rate sufficient to minimize the response time of
the measurement system. The components of the pump that contact the gas
stream shall be constructed of stainless steel or Teflon. The sample
pump must be heated to prevent condensation.
2.1.5 Sample flow rate control. A sample flow rate control valve
and rotameter, or equivalent, to maintain a constant sampling rate
within 10 percent. The flow rate control valve and rotameter must be
heated to prevent condensation. A control valve may also be located on
the sample pump bypass loop to assist in controlling the sample pressure
and flow rate.
2.1.6 Sample gas manifold. Capable of diverting a portion of the
sample gas stream to the flame ionization analyzer (FIA), and the
remainder to the bypass discharge vent. The manifold components shall be
constructed of stainless steel or Teflon. If captured or fugitive
emissions are to be measured at multiple locations, the measurement
system shall be designed to use separate sampling probes, lines, and
pumps for each measurement location and a common sample gas manifold and
FIA. The sample gas manifold and connecting lines to the FIA must be
heated to prevent condensation.
2.1.7 Organic concentration analyzer. An FIA with a span value of
1.5 times the expected concentration as propane; however, other span
values may be used if it can be demonstrated that they would provide
more accurate measurements.
The system shall be capable of meeting or exceeding the following
specifications:
2.1.7.1 Zero drift. Less than 3.0 percent of the span
value.
2.1.7.2 Calibration drift. Less than 3.0 percent of the
span value.
2.1.7.3 Calibration error. Less than 5.0 percent of the
calibration gas value.
2.1.7.4 Response time. Less than 30 seconds.
[[Page 489]]
2.1.8 Integrator/data acquisition system. An analog or digital
device or computerized data acquisition system used to integrate the FIA
response or compute the average response and record measurement data.
The minimum data sampling frequency for computing average or integrated
values is one measurement value every 5 seconds. The device shall be
capable of recording average values at least once per minute.
2.1.9 Calibration and other gases. Gases used for calibration,
fuel, and combustion air (if required) are contained in compressed gas
cylinders. All calibration gases shall be traceable to NIST standards
and shall be certified by the manufacturer to 1 percent of
the tag value. Additionally, the manufacturer of the cylinder should
provide a recommended shelf life for each calibration gas cylinder over
which the concentration does not change more than 2 percent
from the certified value. For calibration gas values not generally
available, alternative methods for preparing calibration gas mixtures,
such as dilution systems, may be used with prior approval.
2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40
percent H2/60 percent N2 gas mixture is
recommended to avoid an oxygen synergism effect that reportedly occurs
when oxygen concentration varies significantly from a mean value.
2.1.9.2 Carrier gas. High purity air with less than 1 ppm of
organic material (as propane or carbon equivalent) or less than 0.1
percent of the span value, whichever is greater.
2.1.9.3 FIA Linearity calibration gases. Low-, mid-, and high-range
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other
calibration values and other span values may be used if it can be shown
that more accurate measurements would be achieved.
2.1.10 Particulate filter. An in-stack or an out-of-stack glass
fiber filter is recommended if exhaust gas particulate loading is
significant. An out-of-stack filter must be heated to prevent any
condensation unless it can be demonstrated that no condensation occurs.
2.2 Captured emissions volumetric flow rate.
2.2.1 Method 2 or 2A apparatus. For determining volumetric flow
rate.
2.2.2 Method 3 apparatus and reagents. For determining molecular
weight of the gas stream. An estimate of the molecular weight of the gas
stream may be used if it can be justified.
2.2.3 Method 4 apparatus and reagents. For determining moisture
content, if necessary.
3. Determinations of Volumetric Flow Rate of Captured Emissions
3.1 Locate all points where emissions are captured from the
affected facility. Using Method 1, determine the sampling points. Be
sure to check each site for cyclonic or swirling flow.
3.2 Measure the velocity at each sampling site at least once every
hour during each sampling run using Method 2 or 2A.
4. Determinations of VOC Content of Captured Emissions
4.1 Analysis duration. Measure the VOC responses at each captured
emissions point during the entire test run or, if applicable, while the
process is operating. If there are multiple captured emission locations,
design a sampling system to allow a single FIA to be used to determine
the VOC responses at all sampling locations.
4.2 Gas VOC concentration.
4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the
FIA according to the procedure in section 5.1.
4.2.2 Conduct a system check according to the procedure in section
5.3.
4.2.3 Install the sample probe so that the probe is centrally
located in the stack, pipe, or duct, and is sealed tightly at the stack
port connection.
4.2.4 Inject zero gas at the calibration valve assembly. Allow the
measurement system response to reach zero. Measure the system response
time as the time required for the system to reach the effluent
concentration after the calibration valve has been returned to the
effluent sampling position.
4.2.5 Conduct a system check before and a system check after each
sampling run according to the procedures in sections 5.2 and 5.3. If the
drift check following a run indicates unacceptable performance, the run
is not valid. The tester may elect to perform system drift checks during
the run not to exceed one drift check per hour.
4.2.6 Verify that the sample lines, filter, and pump temperatures
are 1205 deg.C.
4.2.7 Begin sampling at the start of the test period and continue
to sample during the entire run. Record the starting and ending times
and any required process information as appropriate. If multiple
captured emission locations are sampled using a single FIA, sample at
each location for the same amount of time (e.g., 2 minutes) and continue
to switch from one location to another for the entire test run. Be sure
that total sampling time at each location is the same at the end of the
test run. Collect at least 4 separate measurements from each sample
point during each hour of testing. Disregard the measurements at each
sampling location until two times the response time of the measurement
system has elapsed. Continue sampling for at least 1 minute and record
the concentration measurements.
4.3 Background concentration.
4.3.1 Locate all NDO's of the TTE. A sampling point shall be
centrally located outside
[[Page 490]]
of the TTE at 4 equivalent diameters from each NDO, if possible. If
there are more than 6 NDO's, choose 6 sampling points evenly spaced
among the NDO's.
4.3.2 Assemble the sample train as shown in Figure 2. Calibrate the
FIA and conduct a system check according to the procedures in sections
5.1 and 5.3.
Note: This sample train shall be a separate sampling train from the
one to measure the captured emissions.
4.3.3 Position the probe at the sampling location.
4.3.4 Determine the response time, conduct the system check and
sample according to the procedures described in sections 4.2.4 to 4.2.7.
4.4 Alternative procedure. The direct interface sampling and
analysis procedure described in section 7.2 of Method 18 may be used to
determine the gas VOC concentration. The system must be designed to
collect and analyze at least one sample every 10 minutes.
5. Calibration and Quality Assurance
5.1 FIA calibration and linearity check. Make necessary adjustments
to the air and fuel supplies for the FIA and ignite the burner. Allow
the FIA to warm up for the period recommended by the manufacturer.
Inject a calibration gas into the measurement system and adjust the
back-pressure regulator to the value required to achieve the flow rates
specified by the manufacturer. Inject the zero- and the high-range
calibration gases and adjust the analyzer calibration to provide the
proper responses. Inject the low- and mid-range gases and record the
responses of the measurement system. The calibration and linearity of
the system are acceptable if the responses for all four gases are within
5 percent of the respective gas values. If the performance of the system
is not acceptable, repair or adjust the system and repeat the linearity
check. Conduct a calibration and linearity check after assembling the
analysis system and after a major change is made to the system.
5.2 Systems drift checks. Select the calibration gas that most
closely approximates the concentration of the captured emissions for
conducting the drift checks. Introduce the zero and calibration gas at
the calibration valve assembly and verify that the appropriate gas flow
rate and pressure are present at the FIA. Record the measurement system
responses to the zero and calibration gases. The performance of the
system is acceptable if the difference between the drift check
measurement and the value obtained in section 5.1 is less than 3 percent
of the span value. Conduct the system drift checks at the end of each
run.
5.3 System check. Inject the high range calibration gas at the
inlet to the sampling probe while the dilution air is turned off. Record
the response. The performance of the system is acceptable if the
measurement system response is within 5 percent of the value obtained in
section 5.1 for the high range calibration gas. Conduct a system check
before and after each test run.
5.4 Analysis audit. Immediately before each test analyze an audit
cylinder as described in section 5.2. The analysis audit must agree with
the audit cylinder concentration within 10 percent.
6. Nomenclature
Ai=area of NDO i, ft2.
AN=total area of all NDO's in the enclosure, ft2.
CBi=corrected average VOC concentration of background
emissions at point i, ppm propane.
CB=average background concentration, ppm propane.
CGj=corrected average VOC concentration of captured emissions
at point j, ppm propane.
CDH=average measured concentration for the drift check
calibration gas, ppm propane.
CDO=average system drift check concentration for zero
concentration gas, ppm propane.
CH=actual concentration of the drift check calibration gas,
ppm propane.
Ci=uncorrected average background VOC concentration measured
at point i, ppm propane.
Cj=uncorrected average VOC concentration measured at point j,
ppm propane.
G=total VOC content of captured emissions, kg.
K1=1.830 x 10-6 kg/ (m3-ppm).
n=number of measurement points.
QGj=average effluent volumetric flow rate corrected to
standard conditions at captured emissions point j, m3/min.
TC=total duration of captured emissions sampling run, min.
7. Calculations
7.1 Total VOC captured emissions.
[GRAPHIC] [TIFF OMITTED] TC07NO91.012
7.2 VOC concentration of the captured emissions at point j.
[GRAPHIC] [TIFF OMITTED] TC07NO91.013
7.3. Background VOC concentration at point i.
[[Page 491]]
[GRAPHIC] [TIFF OMITTED] TC07NO91.014
7.4 Average background concentration.
[GRAPHIC] [TIFF OMITTED] TC07NO91.015
Note: If the concentration at each point is with in 20 percent of
the average concentration of all points, the terms ``Ai'' and
``AN'' may be deleted from Equation 4.
Procedure G.2--Captured VOC Emissions (Dilution Technique)
1. Introduction
1.1 Applicability. This procedure is applicable for determining the
volatile organic compounds (VOC) content of captured gas streams. It is
intended to be used as a segment in the development of a gas/gas
protocol in which fugitive emissions are measured for determining VOC
capture efficiency (CE) for surface coating and printing operations. A
dilution system is used to reduce the VOC concentration of the captured
emission to about the same concentration as the fugitive emission. The
procedure may not be acceptable in certain site-specific situations,
e.g., when: (1) Direct fired heaters or other circumstances affect the
quantity of VOC at the control device inlet; and (2) particulate organic
aerosols are formed in the process and are present in the captured
emissions.
1.2 Principle. The amount of VOC captured (G) is calculated as the
sum of the products of the VOC content (CGj), the flow rate
(QGj), and the sampling time (TC) from each
captured emissions point.
1.3 Estimated measurement uncertainty. The measurement
uncertainties are estimated for each captured or fugitive emissions
point as follows: OGj=5.5 percent and
CGj=5 percent. Based on these numbers, the
probable uncertainty for G is estimated at about 7.4
percent.
1.4 Sampling requirements. A capture efficiency test shall consist
of at least three sampling runs. The sampling time for each run should
be at least 8 hours, unless otherwise approved.
1.5 Notes. Because this procedure is often applied in highly
explosive areas, caution and care should be exercised in choosing
appropriate equipment and installing and using the equipment. Mention of
trade names or company products does not constitute endorsement. All gas
concentrations (percent, ppm) are by volume, unless otherwise noted.
2. Apparatus and Reagents
2.1 Gas VOC concentration. A schematic of the measurement system is
shown in Figure 1. The main components are described below:
2.1.1 Dilution system. A Kipp in-stack dilution probe and
controller or similar device may be used. The dilution rate may be
changed by substituting different critical orifices or adjustments of
the aspirator supply pressure. The dilution system shall be heated to
prevent VOC condensation.
Note: An out-of-stack dilution device may be used.
2.1.2 Calibration valve assembly. Three-way valve assembly at the
outlet of sample probe to direct the zero and calibration gases to the
analyzer. Other methods, such as quick-connect lines, to route
calibration gases to the outlet of the sample probe are acceptable.
2.1.3 Sample line. Stainless steel or Teflon tubing to transport
the sample gas to the analyzer. The sample line must be heated to
prevent condensation.
2.1.4 Sample pump. A leak-free pump, to pull the sample gas through
the system at a flow rate sufficient to minimize the response time of
the measurement system. The components of the pump that contract the gas
stream shall be constructed of stainless steel or Teflon. The sample
pump must be heated to prevent condensation.
2.1.5 Sample flow rate control. A sample flow rate control valve
and rotameter, or equivalent, to maintain a constant sampling rate
within 10 percent. The flow control valve and rotameter must be heated
to prevent condensation. A control valve may also be located on the
sample pump bypass loop to assist in controlling the sample pressure and
flow rate.
2.1.6 Sample gas manifold. Capable of diverting a portion of the
sample gas stream to the flame ionization analyzer (FIA), and the
remainder to the bypass discharge vent. The manifold components shall be
constructed of stainless steel or Teflon. If captured or fugitive
emissions are to be measured at multiple locations, the measurement
system shall be designed to use separate sampling probes, lines, and
pumps for each measurement location and a common sample gas manifold and
FIA. The sample gas manifold and connecting lines to the FIA must be
heated to prevent condensation.
2.1.7 Organic concentration analyzer. An FIA with a span value of
1.5 times the expected concentration as propane; however, other span
values may be used if it can be demonstrated that they would provide
more accurate measurements.
The system shall be capable of meeting or exceeding the following
specifications:
2.1.7.1 Zero drift. Less than 3.0 percent of the span
value.
[[Page 492]]
2.1.7.2 Calibration drift. Less than 3.0 percent of the
span value.
2.1.7.3 Calibration error. Less than 5.0 percent of the
calibration gas value.
2.1.7.4 Response time. Less than 30 seconds.
2.1.7.8 Integrator/data acquisition system. An analog or digital
device or computerized data acquisition system used to integrate the FIA
response or compute the average response and record measurement data.
The minimum data sampling frequency for computing average or integrated
values is one measurement value every 5 seconds. The device shall be
capable of recording average values at least once per minute.
2.1.9 Calibration and other gases. Gases used for calibration,
fuel, and combustion air (if required) are contained in compressed gas
cylinders. All calibration gases shall be traceable to NIST standards
and shall be certified by the manufacturer to 1 percent of
the tag value. Additionally, the manufacturer of the cylinder should
provide a recommended shelf life for each calibration gas cylinder over
which the concentration does not change more than 2 percent
from the certified value. For calibration gas values not generally
available, alternative methods for preparing calibration gas mixtures,
such as dilution system, may be used with prior approval.
2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40
percent H2/60 percent N2 gas mixture is
recommended to avoid an oxygen synergism effect that reportedly occurs
when oxygen concentration varies signficantly from a mean value.
2.1.9.2. Carrier gas and dilution air supply. High purity air with
less than 1 ppm of organic material (as propane or carbon equivalent) or
less than 0.1 percent of the span value, whichever is greater.
2.1.9.3 FIA linearity calibration gases. Low-, mid-, and high-range
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other
calibration values and other span values may be used if it can be shown
that more accurate measurements would be achieved.
2.1.9.4 Dilution check gas. Gas mixture standard containing propane
in air, approximately half the span value after dilution.
2.1.10 Particulate filter. An in-stack or an out-of-stack glass
fiber filter is recommended if exhaust gas particulate loading is
significant. An out-of-stack filter must be heated to prevent any
condensation unless it can be demonstrated that no condensation occurs.
2.2 Captured emissions volumetric flow rate.
2.2.1 Method 2 or 2A apparatus. For determining volumetric flow
rate.
2.2.2 Method 3 apparatus and reagents. For determining molecular
weight of the gas stream. An estimate of the molecular weight of the gas
stream may be used if it can be justified.
2.2.3 Method 4 apparatus and reagents. For determining moisture
content, if necessary.
3. Determination of Volumetric Flow Rate of Captured Emissions
3.1 Locate all points where emissions are captured from the
affected facility. Using Method 1, determine the sampling points. Be
sure to check each site for cyclonic or swirling flow.
3.2 Measure the velocity at each sampling site at least once every
hour during each sampling run using Method 2 or 2A.
4. Determination of VOC Content of Captured Emissions
4.1 Analysis duration. Measure the VOC responses at each captured
emissions point during the entire test run or, if applicable, while the
process is operating. If there are multiple captured emissions
locations, design a sampling system to allow a single FIA to be used to
determine the VOC responses at all sampling locations.
4.2 Gas VOC concentration.
4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the
FIA according to the procedure in section 5.1.
4.2.2 Set the dilution ratio and determine the dilution factor
according to the procedure in section 5.3.
4.2.3 Conduct a system check according to the procedure in section
5.4.
4.2.4 Install the sample probe so that the probe is centrally
located in the stack, pipe, or duct, and is sealed tightly at the stack
port connection.
4.2.5 Inject zero gas at the calibration valve assembly. Measure
the system response time as the time required for the system to reach
the effluent concentration after the calibration valve has been returned
to the effluent sampling position.
4.2.6 Conduct a system check before and a system drift check after
each sampling run according to the procedures in sections 5.2 and 5.4.
If the drift check following a run indicates unacceptable performance,
the run is not valid. The tester may elect to perform system drift
checks during the run not to exceed one drift check per hour.
4.2.7 Verify that the sample lines, filter, and pump temperatures
are 1205 deg.C.
4.2.8 Begin sampling at the start of the test period and continue
to sample during the entire run. Record the starting and ending times
and any required process information as appropriate. If multiple
captured emission locations are sampled using a single FIA, sample at
each location for the same amount of time (e.g., 2 minutes) and continue
to switch from one location to another for the entire test run. Be sure
that total sampling time at each location is the
[[Page 493]]
same at the end of the test run. Collect at least 4 separate
measurements from each sample point during each hour of testing.
Disregard the measurements at each sampling location until two times the
response time of the measurement system has elapsed. Continue sampling
for at least 1 minute and record the concentration measurements.
4.3 Background concentration.
4.3.1 Locate all NDO's of the TTE. A sampling point shall be
centrally located outside of the TTE at 4 equivalent diameters from each
NDO, if possible. If there are more than 6 NDO's, choose 6 sampling
points evenly spaced among the NDO's.
4.3.2 Assemble the sample train as shown in Figure 2. Calibrate the
FIA and conduct a system check according to the procedures in sections
5.1 and 5.4.
4.3.3 Position the probe at the sampling location.
4.3.4 Determine the response time, conduct the system check and
sample according to the procedures described in sections 4.2.4 to 4.2.8.
4.4 Alternative procedure. The direct interface sampling and
analysis procedure described in section 7.2 of Method 18 may be used to
determine the gas VOC concentration. The system must be designed to
collect and analyze at least one sample every 10 minutes.
5. Calibration and Quality Assurance
5.1 FIA Calibration and linearity check. Make necessary adjustments
to the air and fuel supplies for the FIA and ignite the burner. Allow
the FIA to warm up for the period recommended by the manufacturer.
Inject a calibration gas into the measurement system after the dilution
system and adjust the back-pressure regulator to the value required to
achieve the flow rates specified by the manufacturer. Inject the zero-
and the high-range calibration gases and adjust the analyzer calibration
to provide the proper responses. Inject the low- and mid-range gases and
record the responses of the measurement system. The calibration and
linearity of the system are acceptable if the responses for all four
gases are within 5 percent of the respective gas values. If the
performance of the system is not acceptable, repair or adjust the system
and repeat the linearity check. Conduct a calibration and linearity
check after assembling the analysis system and after a major change is
made to the system.
5.2 Systems drift checks. Select the calibration gas that most
closely approximates the concentration of the diluted captured emissions
for conducting the drift checks. Introduce the zero and calibration gas
at the calibration valve assembly and verify that the appropriate gas
flow rate and pressure are present at the FIA. Record the measurement
system responses to the zero and calibration gases. The performance of
the system is acceptable if the difference between the drift check
measurement and the value obtained in section 5.1 is less than 3 percent
of the span value. Conduct the system drift check at the end of each
run.
5.3 Determination of dilution factor. Inject the dilution check gas
into the measurement system before the dilution system and record the
response. Calculate the dilution factor using Equation 3.
5.4 System check. Inject the high range calibration gas at the
inlet to the sampling probe while the dilution air is turned off. Record
the response. The performance of the system is acceptable if the
measurement system response is within 5 percent of the value obtained in
section 5.1 for the high range calibration gas. Conduct a system check
before and after each test run.
5.5 Analysis audit. Immediately before each test analyze an audit
cylinder as described in section 5.2. The analysis audit must agree with
the audit cylinder concentration within 10 percent.
6. Nomenclature
Ai=area of NDO i, ft2.
AN=total area of all NDO's in the enclosure, ft2.
CA=actual concentration of the dilution check gas, ppm
propane.
CBi=corrected average VOC concentration of background
emissions at point i, ppm propane.
CB=average background concentration, ppm propane.
CDH=average measured concentration for the drift check
calibration gas, ppm propane.
CDO=average system drift check concentration for zero
concentration gas, ppm propane.
CH=actual concentration of the drift check calibration, gas,
ppm propane.
Ci=uncorrected average background VOC concentration measured
at point i, ppm propane.
Cj=uncorrected average VOC concentration measured at point j,
ppm propane.
CM=measured concentration of the dilution check gas, ppm
propane.
DF=dilution factor.
G=total VOC content of captured emissions, kg.
K1=1.830 x 10-6 kg/(m3-ppm).
n=number of measurement points.
QGj=average effluent volumetric flow rate corrected to
standard conditions at captured emissions point j, m3/min.
TC=total duration of capture efficiency sampling run, min.
7. Calculations
7.1 Total VOC captured emissions.
[[Page 494]]
[GRAPHIC] [TIFF OMITTED] TC07NO91.016
7.2 VOC concentration of the captured emissions to point j.
[GRAPHIC] [TIFF OMITTED] TC07NO91.017
7.3 Dilution factor.
[GRAPHIC] [TIFF OMITTED] TC07NO91.018
7.4 Background VOC concentration at point i.
[GRAPHIC] [TIFF OMITTED] TC07NO91.019
7.5 Average background concentration.
[GRAPHIC] [TIFF OMITTED] TC07NO91.020
Note: If the concentration at each point is within 20 percent of the
average concentration of all points, the terms ``Ai'' and
``AN'' may be deleted from Equation 4.
[[Page 495]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.097
[[Page 496]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.098
Procedure F.2--Fugitive VOC Emissions from Building Enclosures
1. Introduction
1.1 Applicability. This procedure is applicable for determining the
fugitive volatile organic compounds (VOC) emissions from a building
enclosure (BE). It is intended to be used as a segment in the
development of liquid/gas or gas/gas protocols for determining VOC
capture efficiency (CE) for surface coating and printing operations.
1.2 Principle. The total amount of fugitive VOC emissions
(FB) from the BE is calculated as the sum of the products of
the
[[Page 497]]
VOC content (CFj) of each fugitive emissions point, its flow
rate (QFj), and time (TF).
1.3 Measurement uncertainty. The measurement uncertainties are
estimated for each fugitive emissions point as follows:
QFj=5.0 percent and
CFj=5.0 percent. Based on these numbers, the
probable uncertainty for FB is estimated at about
11.2 percent.
1.4 Sampling requirements. A capture efficiency test shall consist
of at least three sampling runs. The sampling time for each run should
be at least 8 hours, unless otherwise approved.
1.5 Notes. Because this procedure is often applied in highly
explosive areas, caution and care should be exercised in choosing
appropriate equipment and installing and using the equipment. Mention of
trade names or company products does not constitute endorsement. All gas
concentrations (percent, ppm) are by volume, unless otherwise noted.
2. Apparatus and Reagents
2.1 Gas VOC concentration. A schematic of the measurement system is
shown in Figure 1. The main components are described below:
2.1.1 Sample probe. Stainless steel, or equivalent. The probe shall
be heated to prevent VOC condensation.
2.1.2 Calibration valve assembly. Three-way valve assembly at the
outlet of sample probe to direct the zero and calibration gases to the
analyzer. Other methods, such as quick-connect lines, to route
calibration gases to the outlet of the sample probe are acceptable.
2.1.3 Sample line. Stainless steel or Teflon tubing to transport
the sample gas to the analyzer. The sample line must be heated to
prevent condensation.
2.1.4 Sample pump. A leak-free pump, to pull the sample gas through
the system at a flow rate sufficient to minimize the response time of
the measurement system. The components of the pump that contact the gas
stream shall be constructed of staimust be heated to prevent
condensation.
2.1.5 Sample flow rate control. A sample flow rate control valve
and rotameter, or equivalent, to maintain a constant sampling rate
within 10 percent. The flow rate control valve and rotameter must be
heated to prevent condensation. A control valve may also be located on
the sample pump bypass loop to assist in controlling the sample pressure
and flow rate.
2.1.6 Sample gas manifold. Capable of diverting a portion of the
sample gas stream to the flame ionization analyzer (FIA), and the
remainder to the bypass discharge vent. The manifold components shall be
constructed of stainless steel or Teflon. If emissions are to be
measured at multiple locations, the measurement system shall be designed
to use separate sampling probes, lines, and pumps for each measurement
location and a common sample gas manifold and FIA. The sample gas
manifold must be heated to prevent condensation.
2.1.7 Organic Concentration Analyzer. An FIA with a span value of
1.5 times the expected concentration as propane; however, other span
values may be used if it can be demonstrated that they would provide
more accurate measurements. The system shall be capable or exceeding the
following specifications:
2.1.7.1 Zero drift. Less than 3.0 percent of the span
value.
2.1.7.2 Calibration drift. Less than 3.0 percent of the
span value.
2.1.7.3 Calibration error. Less than 5.0 percent of the
calibration gas value.
2.1.7.4 Response time. Less than 30 seconds.
2.1.8 Integrator/data acquisition system. An analog or digital
device or computerized data acquisition system used to integrate the FIA
response or compute the average response and record measurement data.
The minimum data sampling frequency for computing average or integrated
values is one measurement value every 5 seconds. The device shall be
capable of recording average values at least once per minute.
2.1.9 Calibration and other gases. Gases used for calibration,
fuel, and combustion air (if required) are contained in compressed gas
cylinders. All calibration gases shall be traceable to NIST standards
and shall be certified by the manufacturer to 1 percent of
the tag value. Additionally, the manufacturer of the cylinder should
provide a recommended shelf life for each calibration gas cylinder over
which the concentration does not change more than 2 percent
from the certified value. For calibration gas values not generally
available, alternative methods for preparing calibration gas mixtures,
such as dilution systems, may be used with prior approval.
2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40
percent H2/60 percent N2 gas mixture is
recommended to avoid an oxygen synergism effect that reportedly occurs
when oxygen concentration varies significantly from a mean value.
2.1.9.2 Carrier gas. High purity air with less than 1 ppm of
organic material (propane or carbon equivalent) or less than 0.1 percent
of the span value, whichever is greater.
2.1.9.3 FIA linearity calibration gases. Low-, mid-, and high-range
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other
calibration values and other span values may be used if it can be shown
that more accurate measurements would be achieved.
2.1.10 Particulate filter. An in-stack or an out-of-stack glass
fiber filter is recommended if exhaust gas particulate loading is
significant. An out-of-stack filter must be heated to prevent any
condensation unless it
[[Page 498]]
can be demonstrated that no condensation occurs.
2.2 Fugitive emissions volumetric flow rate.
2.2.1 Flow direction indicators. Any means of indicating inward or
outward flow, such as light plastic film or paper streamers, smoke
tubes, filaments, and sensory perception.
2.2.2 Method 2 or 2A apparatus. For determining volumetric flow
rate. Anemometers or similar devices calibrated according to the
manufacturer's instructions may be used when low velocities are present.
Vane anemometers (Young-maximum response propeller), specialized pitots
with electronic manometers (e.g., Shortridge Instruments Inc., Airdata
Multimeter 860) are commercially available with measurement thresholds
of 15 and 8 mpm (50 and 25 fpm), respectively.
2.2.3 Method 3 apparatus and reagents. For determining molecular
weight of the gas stream. An estimate of the molecular weight of the gas
stream may be used if it can be justified.
2.2.4 Method 4 apparatus and reagents. For determining moisture
content, if necessary.
3. Determination of Volumetric Flow Rate of Fugitive Emissions
3.1 Preliminary determinations. The purpose of this exercise is to
determine which exhaust points should be measured for volumetric flow
rates and VOC concentrations.
3.1.1 Forced draft openings. Identify all forced draft openings.
Determine the volumetric flow rate according to Method 2.
3.1.2 NDO's exhaust points. The NDO's in the roof of a facility are
considered to be exhaust points. Determine volumetric flow rate from
these NDO's. Divide the cross-sectional area according to Method 1 using
12 equal areas. Use the appropriate velocity measurement devices, e.g.,
propeller anemometers.
3.1.3 Other NDO's.
3.1.3.1 This step is optional. Determine the exhaust flow rate,
including that of the control device, from the enclosure and the intake
air flow rate. If the exhaust flow rate divided by the intake air flow
rate is greater than 1.1, then all other NDO's are not considered to be
significant exhaust points.
3.1.3.2 If the option above is not taken, identify all other NDO's
and other potential points through which fugitive emissions may escape
the enclosure. Then use the following criteria to determine whether flow
rates and VOC concentrations need to be measured:
3.1.3.2.1 Using the appropriate flow direction indicator, determine
the flow direction. An NDO with zero or inward flow is not an exhaust
point.
3.1.3.2.2 Measure the outward volumetric flow rate from the
remainder of the NDO's. If the collective flow rate is 2 percent, or
less, of the flow rate from sections 3.1.1 and 3.1.2, then these NDO's,
except those within two equivalent diameters (based on NDO opening) from
VOC sources, may be considered to be non-exhaust points.
3.1.3.2.3 If the percentage calculated in section 3.1.3.2.2 is
greater than 2 percent, those NDO's (except those within two equivalent
diameters from VOC sources) whose volumetric flow rate totals 2 percent
of the flow rate from sections 3.1.1 and 3.1.2 may be considered as non-
exhaust points. All remaining NDO's shall be measured for volumetric
flow rate and VOC concentrations during the CE test.
3.1.3.2.4 The tester may choose to measure VOC concentrations at
the forced exhaust points and the NDO's. If the total VOC emissions from
the NDO's are less than 2 percent of the emissions from the forced draft
and roof NDO's, then these NDO's may be eliminated from further
consideration.
3.2 Determination of flow rates.
3.2.1 Measure the volumetric flow rate at all locations identified
as exhaust points in section 3.1. Divide each exhaust opening into 9
equal areas for rectangular openings and 8 for circular openings.
3.2.2 Measure the velocity at each site at least once every hour
during each sampling run using Method 2 or 2A, if applicable, or using
the low velocity instruments in section 2.2.2.
4. Determination of VOC Content of Fugitive Emissions
4.1 Analysis duration. Measure the VOC responses at each fugitive
emission point during the entire test run or, if applicable, while the
process is operating. If there are multiple emissions locations, design
a sampling system to allow a single FIA to be used to determine the VOC
responses at all sampling locations.
4.2 Gas VOC concentration.
4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the
FIA and conduct a system check according to the procedures in sections
5.1 and 5.3, respectively.
4.2.2 Install the sample probe so that the probe is centrally
located in the stack, pipe, or duct, and is sealed tightly at the stack
port connection.
4.2.3 Inject zero gas at the calibration valve assembly. Allow the
measurement system response to reach zero. Measure the system response
time as the time required for the system to reach the effluent
concentration after the calibration valve has been returned to the
effluent sampling position.
4.2.4 Conduct a system check before and a system drift check after
each sampling run according to the procedures in sections 5.2 and 5.3.
If the drift check following a run indicates unacceptable performance,
the run is not valid. The tester may elect to perform drift checks
during the run not to exceed one drift check per hour.
[[Page 499]]
4.2.5 Verify that the sample lines, filter, and pump temperatures
are 1205 deg.C.
4.2.6 Begin sampling at the start of the test period and continue
to sample during the entire run. Record the starting and ending times
and any required process information as appropriate. If multiple
emission locations are sampled using a single FIA, sample at each
location for the same amount of time (e.g., 2 minutes) and continue to
switch from one location to another for the entire test run. Be sure
that total sampling time at each location is the same at the end of the
test run. Collect at least 4 separate measurements from each sample
point during each hour of testing. Disregard the response measurements
at each sampling location until two times the response time of the
measurement system has elapsed. Continue sampling for at least 1 minute
and record the concentration measurements.
4.3 Alternative procedure. The direct interface sampling and
analysis procedure described in section 7.2 of Method 18 may be used to
determine the gas VOC concentration. The system must be designed to
collect and analyze at least one sample every 10 minutes.
5. Calibration and Quality Assurance
5.1 FIA calibration and linearity check. Make necessary adjustments
to the air and fuel supplies for the FIA and ignite the burner. Allow
the FIA to warm up for the period recommended by the manufacturer.
Inject a calibration gas into the measurement system and adjust the
back-pressure regulator to the value required to achieve the flow rates
specified by the manufacturer. Inject the zero- and the high-range
calibration gases and adjust the analyzer calibration to provide the
proper responses. Inject the low- and mid-range gases and record the
responses of the measurement system. The calibration and linearity of
the system are acceptable if the responses for all four gases are within
5 percent of the respective gas values. If the performance of the system
is not acceptable, repair or adjust the system and repeat the linearity
check. Conduct a calibration and linearity check after assembling the
analysis system and after a major change is made to the system.
5.2 Systems drift checks. Select the calibration gas that most
closely approximates the concentration of the captured emissions for
conducting the drift checks. Introduce the zero and calibration gas at
the calibration valve assembly and verify that the appropriate gas flow
rate and pressure are present at the FIA. Record the measurement system
responses to the zero and calibration gases. The performance of the
system is acceptable if the difference between the drift check
measurement and the value obtained in section 5.1 is less than 3 percent
of the span value. Conduct a system drift check at the end of each run.
5.3 System check. Inject the high range calibration gas at the
inlet of the sampling probe and record the response. The performance of
the system is acceptable if the measurement system response is within 5
percent of the value obtained in section 5.1 for the high range
calibration gas. Conduct a system check before each test run.
5.4 Analysis audit. Immediately before each test analyze an audit
cylinder as described in section 5.2. The analysis audit must agree with
the audit cylinder concentration within 10 percent.
6. Nomenclature
CDH=average measured concentration for the drift check
calibration gas, ppm propane.
CDO=average system drift check concentration for zero
concentration gas, ppm propane.
CFj=corrected average VOC concentration of fugitive emissions
at point j, ppm propane.
CH=actual concentration of the drift check calibration gas,
ppm propane.
Cj=uncorrected average VOC concentration measured at point j,
ppm propane.
FB=total VOC content of fugitive emissions from the building,
kg.
K1=1.830 x 10-6 kg/(m3-ppm).
n=number of measurement points.
QFj=average effluent volumetric flow rate corrected to
standard conditions at fugitive emissions point j, m\3\/min.
TF=total duration of capture efficiency sampling run, min.
7. Calculations
7.1 Total VOC fugitive emissions from the building.
[GRAPHIC] [TIFF OMITTED] TC07NO91.021
7.2 VOC concentration of the fugitive emissions at point j.
[GRAPHIC] [TIFF OMITTED] TC07NO91.022
[[Page 500]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.099
Procedure F.1--Fugitive VOC Emissions From Temporary Enclosures
1. Introduction
1.1 Applicability. This procedure is applicable for determining the
fugitive volatile organic compounds (VOC) emissions from a temporary
total enclosure (TTE). It is intended to be used as a segment in the
development of liquid/gas or gas/gas protocols for determining VOC
capture efficiency (CE) for surface coating and printing operations.
1.2 Principle. The amount of fugitive VOC emissions (F) from the
TTE is calculated as the sum of the products of the VOC content
[[Page 501]]
(CFj), the flow rate (QFj), and the sampling time
(TF) from each fugitive emissions point.
1.3 Estimated measurement uncertainty. The measurement
uncertainties are estimated for each fugitive emission point as follows:
Q=5.5 percent and CFj=5.0 percent.
Based on these numbers, the probable uncertainty for F is estimated at
about 7.4 percent.
1.4 Sampling requirements. A capture efficiency test shall consist
of at least three sampling runs. The sampling time for each run should
be at least 8 hours, unless otherwise approved.
1.5 Notes. Because this procedure is often applied in highly
explosive areas, caution and care should be exercised in choosing
appropriate equipment and installing and using the equipment. Mention of
trade names or company products does not constitute endorsement. All gas
concentrations (percent, ppm) are by volume, unless otherwise noted.
2. Apparatus and Reagents
2.1 Gas VOC concentration. A schematic of the measurement system is
shown in Figure 1. The main components are described below:
2.1.1 Sample probe. Stainless steel, or equivalent. The probe shall
be heated to prevent VOC condensation.
2.1.2 Calibration valve assembly. Three-way valve assembly at the
outlet of sample probe to direct the zero and calibration gases to the
analyzer. Other methods, such as quick-connect lines, to route
calibration gases to the outlet of the sample probe are acceptable.
2.1.3 Sample line. Stainless steel or Teflon tubing to transport
the sample gas to the analyzer. The sample line must be heated to
prevent condensation.
2.1.4 Sample pump. A leak-free pump, to pull the sample gas through
the system at a flow rate sufficient to minimize the response time of
the measurement system. The components of the pump that contact the gas
stream shall be constructed of stainless steel or Teflon. The sample
pump must be heated to prevent condensation.
2.1.5 Sample flow rate control. A sample flow rate control valve
and rotameter, or equivalent, to maintain a constant sampling rate
within 10 percent. The flow control valve and rotameter must be heated
to prevent condensation. A control valve may also be located on the
sample pump bypass loop to assist in controlling the sample pressure and
flow rate.
2.1.6 Sample gas manifold. Capable of diverting a portion of the
sample gas stream to the flame ionization analyzer (FIA), and the
remainder to the bypass discharge vent. The manifold components shall be
constructed of stainless steel or Teflon. If emissions are to be
measured at multiple locations, the measurement system shall be designed
to use separate sampling probes, lines, and pumps for each measurement
location and a common sample gas manifold and FIA. The sample gas
manifold and connecting lines to the FIA must be heated to prevent
condensation.
2.1.7 Organic concentration analzyer. An FIA with a span value of
1.5 times the expected concentration as propane; however, other span
values may be used if it can be demonstrated that they would provide
more accurate measurements. The system shall be capable of meeting or
exceeding the following specifications:
2.1.7.1 Zero drift. Less than 3.0 percent of the span
value.
2.1.7.2 Calibration drift. Less than 3.0 percent of the
span value.
2.1.7.3 Calibration error. Less than 5.0 percent of the
calibration gas value.
2.1.7.4 Response time. Less than 30 seconds.
2.1.8 Integrator/data acquisition system. An analog or digital
device or computerized data acquisition system used to integrate the FIA
response or compute the average response and record measurement data.
The minimum data sampling frequency for computing average or integrated
values is one measurement value every 5 seconds. The device shall be
capable of recording average values at least once per minute.
2.1.9 Calibration and other gases. Gases used for calibration,
fuel, and combustion air (if required) are contained in compressed gas
cylinders. All calibration gases shall be traceable to NIST standards
and shall be certified by the manufacturer to 1 percent of
the tag value. Additionally, the manufacturer of the cylinder should
provide a recommended shelf life for each calibration gas cylinder over
which the concentration does not change more than 2 percent
from the certified value. For calibration gas values not generally
available, alternative methods for preparing calibration gas mixtures,
such as dilution systems, may be used with prior approval.
2.1.9.1 Fuel. A 40 percent H2/60 percent He or 40
percent H2/60 percent N2 gas mixture is
recommended to avoid an oxygen synergism effect that reportedly occurs
when oxygen concentration varies significantly from a mean value.
2.1.9.2 Carrier gas. High purity air with less than 1 ppm of
organic material (as propane or carbon equivalent) or less than 0.1
percent of the span value, whichever is greater.
2.1.9.3 FIA linearity calibration gases. Low-, mid-, and high-range
gas mixture standards with nominal propane concentrations of 20-30, 45-
55, and 70-80 percent of the span value in air, respectively. Other
calibration values and other span values may be used if it can be shown
that more accurate measurements would be achieved.
2.1.10 Particulate filter. An in-stack or an out-of-stack glass
fiber filter is recommended if exhaust gas particulate loading
[[Page 502]]
is significant. An out-of-stack filter must be heated to prevent any
condensation unless it can be demonstrated that no condensation occurs.
2.2 Fugitive emissions volumetric flow rate.
2.2.1 Method 2 or 2A apparatus. For determining volumetric flow
rate.
2.2.2 Method 3 apparatus and reagents. For determining molecular
weight of the gas stream. An estimate of the molecular weight of the gas
stream may be used if it can be justified.
2.2.3 Method 4 apparatus and reagents. For determining moisture
content, if necessary.
2.3 Temporary total enclosure. The criteria for designing a TTE are
discussed in Procedure T.
3. Determination of Volumetric Flow Rate of Fugitive Emissions
3.1 Locate all points where emissions are exhausted from the TTE.
Using Method 1, determine the sampling points. Be sure to check each
site for cyclonic or swirling flow.
3.2 Measure the velocity at each sampling site at least once every
hour during each sampling run using Method 2 or 2A.
4. Determination of VOC Content of Fugitive Emissions
4.1 Analysis duration. Measure the VOC responses at each fugitive
emission point during the entire test run or, if applicable, while the
process is operating. If there are multiple emission locations, design a
sampling system to allow a single FIA to be used to determine the VOC
responses at all sampling locations.
4.2 Gas VOC concentration.
4.2.1 Assemble the sample train as shown in Figure 1. Calibrate the
FIA and conduct a system check according to the procedures in sections
5.1 and 5.3, respectively.
4.2.2 Install the sample probe so that the probe is centrally
located in the stack, pipe, or duct, and is sealed tightly at the stack
port connection.
4.2.3 Inject zero gas at the calibration valve assembly. Allow the
measurement system response to reach zero. Measure the system response
time as the time required for the system to reach the effluent
concentration after the calibration valve has been returned to the
effluent sampling position.
4.2.4 Conduct a system check before and a system drift check after
each sampling run according to the procedures in sections 5.2 and 5.3.
If the drift check following a run indicates unacceptable performance,
the run is not valid. The tester may elect to perform system drift
checks during the run not to exceed one drift check per hour.
4.2.5 Verify that the sample lines, filter, and pump temperatures
are 120 5 deg.C.
4.2.6 Begin sampling at the start of the test period and continue
to sample during the entire run. Record the starting and ending times
and any required process information as appropriate. If multiple
emission locations are sampled using a single FIA, sample at each
location for the same amount of time (e.g., 2 minutes) and continue to
switch from one location to another for the entire test run. Be sure
that total sampling time at each location is the same at the end of the
test run. Collect at least 4 separate measurements from each sample
point during each hour of testing. Disregard the response measurements
at each sampling location until two times the response time of the
measurement system has elapsed. Continue sampling for at least 1 minute
and record the concentration measurements.
4.3 Background concentration.
4.3.1 Determination of VOC background concentration.
4.3.1.1 Locate all NDO's of the TTE. A sampling point shall be
centrally located outside of the TTE at 4 equivalent diameters from each
NDO, if possible. If there are more than 6 NDO's, choose 6 sampling
points evenly spaced among the NDO's.
4.3.1.2 Assemble the sample train as shown in Figure 2. Calibrate
the FIA and conduct a system check according to the procedures in
sections 5.1 and 5.3.
4.3.1.3 Position the probe at the sampling location.
4.3.1.4 Determine the response time, conduct the system check and
sample according to the procedures described in sections 4.2.3 to 4.2.6.
4.4 Alternative procedure. The direct interface sampling and
analysis procedure described in section 7.2 of Method 18 may be used to
determine the gas VOC concentration. The system must be designed to
collect and analyze at least one sample every 10 minutes.
5. Calibration and Quality Assurance
5.1 FIA calibration and linearity check. Make necessary adjustments
to the air and fuel supplies for the FIA and ignite the burner. Allow
the FIA to warm up for the period recommended by the manufacturer.
Inject a calibration gas into the measurement system and adjust the
back-pressure regulator to the value required to achieve the flow rates
specified by the manufacturer. Inject the zero- and the high-range
calibration gases and adjust the analyzer calibration to provide the
proper responses. Inject the low- and mid-range gases and record the
responses of the measurement system. The calibration and linearity of
the system are acceptable if the responses for all four gases are within
5 percent of the respective gas values. If the performance of the system
is not acceptable, repair or adjust the system and repeat the linearity
check. Conduct a
[[Page 503]]
calibration and linearity check after assembling the analysis system and
after a major change is made to the system.
5.2 Systems drift checks. Select the calibration gas concentration
that most closely approximates that of the fugitive gas emissions to
conduct the drift checks. Introduce the zero and calibration gas at the
calibration valve assembly and verify that the appropriate gas flow rate
and pressure are present at the FIA. Record the measurement system
responses to the zero and calibration gases. The performance of the
system is acceptable if the difference between the drift check
measurement and the value obtained in section 5.1 is less than 3 percent
of the span value. Conduct a system drift check at the end of each run.
5.3 System check. Inject the high range calibration gas at the
inlet of the sampling probe and record the response. The performance of
the system is acceptable if the measurement system response is within 5
percent of the value obtained in section 5.1 for the high range
calibration gas. Conduct a system check before each test run.
5.4 Analysis audit. Immediately before each test analyze an audit
cylinder as described in section 5.2. The analysis audit must agree with
the audit cylinder concentration within 10 percent.
6. Nomenclature
Ai=area of NDO i, ft\2\.
AN=total area of all NDO's in the enclosure, ft\2\.
CBi=corrected average VOC concentration of background
emissions at point i, ppm propane.
CB=average background concentration, ppm propane.
CDH=average measured concentration for the drift check
calibration gas, ppm propane.
CDO=average system drift check concentration for zero
concentration gas, ppm propane.
CFj=corrected average VOC concentration of fugitive emissions
at point j, ppm propane.
CH=actual concentration of the drift check calibration gas,
ppm propane.
Ci=uncorrected average background VOC concentration at point
i, ppm propane.
Cj=uncorrected average VOC concentration measured at point j,
ppm propane.
F=total VOC content of fugitive emissions, kg.
K1=1.830 x 10-6 kg/(m3-ppm).
n=number of measurement points.
QFj=average effluent volumetric flow rate corrected to
standard conditions at fugitive emissions point j, m\3\/min.
TF=total duration of fugitive emissions sampling run, min.
7. Calculations
7.1 Total VOC fugitive emissions.
[GRAPHIC] [TIFF OMITTED] TC07NO91.023
7.2 VOC concentration of the fugitive emissions at point j.
[GRAPHIC] [TIFF OMITTED] TC07NO91.024
7.3 Background VOC concentration at point i.
[GRAPHIC] [TIFF OMITTED] TC07NO91.025
7.4 Average background concentration.
[GRAPHIC] [TIFF OMITTED] TC07NO91.026
Note: If the concentration at each point is within 20 percent of the
average concentration of all points, the terms ``Ai'' and
``AN'' may be deleted from Equation 4.
[[Page 504]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.100
[[Page 505]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.101
Procedure L--VOC Input
1. Introduction
1.1 Applicability. This procedure is applicable for determining the
input of volatile organic compounds (VOC). It is intended to be used as
a segment in the development of liquid/gas protocols for determining VOC
capture efficiency (CE) for surface coating and printing operations.
1.2 Principle. The amount of VOC introduced to the process (L) is
the sum of the products of the weight (W) of each VOC containing liquid
(ink, paint, solvent, etc.) used and its VOC content (V). A sample of
each
[[Page 506]]
VOC containing liquid is analyzed with a flame ionization analyzer (FIA)
to determine V.
1.3 Estimated measurement uncertainty. The measurement
uncertainties are estimated for each VOC containing liquid as follows:
W=2.0 percent and V=12.0 percent. Based on these
numbers, the probable uncertainty for L is estimated at about
12.2 percent for each VOC containing liquid.
1.4 Sampling requirements. A capture efficiency test shall consist
of at least three sampling runs. The sampling time for each run should
be at least 8 hours, unless otherwise approved.
1.5 Notes. Because this procedure is often applied in highly
explosive areas, caution and care should be exercised in choosing
appropriate equipment and installing and using the equipment. Mention of
trade names or company products does not constitute endorsement. All gas
concentrations (percent, ppm) are by volume, unless otherwise noted.
2. Apparatus and Reagents
2.1 Liquid weight.
2.1.1 Balances/digital scales. To weigh drums of VOC containing
liquids to within 0.2 lb.
2.1.2 Volume measurement apparatus (alternative). Volume meters,
flow meters, density measurement equipment, etc., as needed to achieve
same accuracy as direct weight measurements.
2.2 VOC content (flame ionization analyzer technique). The liquid
sample analysis system is shown in Figures 1 and 2. The following
equipment is required:
2.2.1 Sample collection can. An appropriately sized metal can to be
used to collect VOC containing materials. The can must be constructed in
such a way that it can be grounded to the coating container.
2.2.2 Needle valves. To control gas flow.
2.2.3 Regulators. For carrier gas and calibration gas cylinders.
2.2.4 Tubing. Teflon or stainless steel tubing with diameters and
lengths determined by connection requirements of equipment. The tubing
between the sample oven outlet and the FIA shall be heated to maintain a
temperature of 1205 deg.C.
2.2.5 Atmospheric vent. A tee and 0- to 0.5-liter/min rotameter
placed in the sampling line between the carrier gas cylinder and the VOC
sample vessel to release the excess carrier gas. A toggle valve placed
between the tee and the rotameter facilitates leak tests of the analysis
system.
2.2.6 Thermometer. Capable of measuring the temperature of the hot
water bath to within 1 deg.C.
2.2.7 Sample oven. Heated enclosure, containing calibration gas
coil heaters, critical orifice, aspirator, and other liquid sample
analysis components, capable of maintaining a temperature of
1205 deg.C.
2.2.8 Gas coil heaters. Sufficient lengths of stainless steel or
Teflon tubing to allow zero and calibration gases to be heated to the
sample oven temperature before entering the critical orifice or
aspirator.
2.2.9 Water bath. Capable of heating and maintaining a sample
vessel temperature of 1005 deg.C.
2.2.10 Analytical balance. To measure 0.001 g.
2.2.11 Disposable syringes. 2-cc or 5-cc.
2.2.12 Sample vessel. Glass, 40-ml septum vial. A separate vessel
is needed for each sample.
2.2.13 Rubber stopper. Two-hole stopper to accommodate 3.2-mm (\1/
8\-in.) Teflon tubing, appropriately sized to fit the opening of the
sample vessel. The rubber stopper should be wrapped in Teflon tape to
provide a tighter seal and to prevent any reaction of the sample with
the rubber stopper. Alternatively, any leak-free closure fabricated of
non-reactive materials and accommodating the necessary tubing fittings
may be used.
2.2.14 Critical orifices. Calibrated critical orifices capable of
providing constant flow rates from 50 to 250 ml/min at known pressure
drops. Sapphire orifice assemblies (available from O'Keefe Controls
Company) and glass capillary tubing have been found to be adequate for
this application.
2.2.15 Vacuum gauge. 0 -to 760-mm (0- to 30-in.) Hg U-Tube
manometer or vacuum gauge.
2.2.16 Pressure gauge. Bourdon gauge capable of measuring the
maximum air pressure at the aspirator inlet (e.g., 100 psig).
2.2.17 Aspirator. A device capable of generating sufficient vacuum
at the sample vessel to create critical flow through the calibrated
orifice when sufficient air pressure is present at the aspirator inlet.
The aspirator must also provide sufficient sample pressure to operate
the FIA. The sample is also mixed with the dilution gas within the
aspirator.
2.2.18 Soap bubble meter. Of an appropriate size to calibrate the
critical orifices in the system.
2.2.19 Organic concentration analyzer. An FIA with a span value of
1.5 times the expected concentration as propane; however other span
values may be used if it can be demonstrated that they would provide
more accurate measurements. The system shall be capable of meeting or
exceeding the following specifications:
2.2.19.1 Zero drift. Less than 3.0 percent of the span
value.
2.2.19.2 Calibration drift. Less than 3.0 percent of
span value.
2.2.19.3 Calibration error. Less than 5.0 percent of
the calibration gas value.
2.2.20 Integrator/data acquisition system. An analog or digital
device or computerized data acquisition system used to integrate the FIA
response or compute the average response and record measurement data.
The
[[Page 507]]
minimum data sampling frequency for computing average or integrated
values is one measurement value every 5 seconds. The device shall be
capable of recording average values at least once per minute.
2.2.21 Chart recorder (optional). A chart recorder or similar
device is recommended to provide a continuous analog display of the
measurement results during the liquid sample analysis.
2.2.22 Calibration and other gases. For calibration, fuel, and
combustion air (if required) contained in compressed gas cylinders. All
calibration gases shall be traceable to NIST standards and shall be
certified by the manufacturer to 1 percent of the tag value.
Additionally, the manufacturer of the cylinder should provide a
recommended shelf life for each calibration gas cylinder over which the
concentration does not change more than 2 percent from the
certified value. For calibration gas values not generally available,
alternative methods for preparing calibration gas mixtures, such as
dilution systems, may be used with prior approval.
2.2.22.1 Fuel. A 40 percent H2/60 percent He or 40
percent H2/60 percent N2 gas mixture is
recommended to avoid an oxygen synergism effect that reportedly occurs
when oxygen concentration varies significantly from a mean value.
2.2.22.2 Carrier gas. High purity air with less than 1 ppm of
organic material (as propane) or less than 0.1 percent of the span
value, whichever is greater.
2.2.22.3 FIA linearity calibration gases. Low-, mid-, and high-
range gas mixture standards with nominal propane concentrations of 20-
30, 45-55, and 70-80 percent of the span value in air, respectively.
Other calibration values and other span values may be used if it can be
shown that more accurate measurements would be achieved.
2.2.22.4 System calibration gas. Gas mixture standard containing
propane in air, approximately the undiluted VOC concentration expected
for the liquid samples.
3. Determination of Liquid Input Weight
3.1 Weight difference. Determine the amount of material introduced
to the process as the weight difference of the feed material before and
after each sampling run. In determining the total VOC containing liquid
usage, account for: (a) The initial (beginning) VOC containing liquid
mixture; (b) any solvent added during the test run; (c) any coating
added during the test run; and (d) any residual VOC containing liquid
mixture remaining at the end of the sample run.
3.1.1 Identify all points where VOC containing liquids are
introduced to the process. To obtain an accurate measurement of VOC
containing liquids, start with an empty fountain (if applicable). After
completing the run, drain the liquid in the fountain back into the
liquid drum (if possible), and weigh the drum again. Weigh the VOC
containing liquids to 0.5 percent of the total weight (full)
or 0.1 percent of the total weight of VOC containing liquid
used during the sample run, whichever is less. If the residual liquid
cannot be returned to the drum, drain the fountain into a preweighted
empty drum to determine the final weight of the liquid.
3.1.2 If it is not possible to measure a single representative
mixture, than weigh the various components separately (e.g., if solvent
is added during the sampling run, weigh the solvent before it is added
to the mixture). If a fress drum of VOC containing liquid is needed
during the run, then weigh both the empty drum and fresh drum.
3.2 Volume measurement (alternative). If direct weight measurements
are not feasible, the tester may use volume meters and flow rate meters
(and density measurements) to determine the weight of liquids used if it
can be demonstrated that the technique produces results equivalent to
the direct weight measurements. If a single representative mixture
cannot be measured, measure the components separately.
4. Determination of VOC Content in Input Liquids
4.1 Collection of liquid samples.
4.1.1 Collect a 100-ml or larger sample of the VOC containing
liquid mixture at each application location at the beginning and end of
each test run. A separate sample should be taken of each VOC containing
liquid added to the application mixture during the test run. If a fresh
drum is needed during the sampling run, then obtain a sample from the
fresh drum.
4.1.2 When collecting the sample, ground the sample container to
the coating drum. Fill the sample container as close to the rim as
possible to minimize the amount of headspace.
4.1.3 After the sample is collected, seal the container so the
sample cannot leak out or evaporate.
4.1.4 Label the container to identify clearly the contents.
4.2 Liquid sample VOC content.
4.2.1 Assemble the liquid VOC content analysis system as shown in
Figure 1.
4.2.2 Permanently identify all of the critical orifices that may be
used. Calibrate each critical orifice under the expected operating
conditions (i.e., sample vacuum and temperature) against a volume meter
as described in section 5.3.
4.2.3 Label and tare the sample vessels (including the stoppers and
caps) and the syringes.
4.2.4 Install an empty sample vessel and perform a leak test of the
system. Close the carrier gas valve and atmospheric vent and evacuate
the sample vessel to 250 mm (10 in.) Hg absolute or less using the
aspirator. Close
[[Page 508]]
the toggle valve at the inlet to the aspirator and observe the vacuum
for at least one minute. If there is any change in the sample pressure,
release the vacuum, adjust or repair the apparatus as necessary and
repeat the leak test.
4.2.5 Perform the analyzer calibration and linearity checks
according to the procedure in section 5.1. Record the responses to each
of the calibration gases and the back-pressure setting of the FIA.
4.2.6 Establish the appropriate dilution ratio by adjusting the
aspirator air supply or substituting critical orifices. Operate the
aspirator at a vacuum of at least 25 mm (1 in.) Hg greater than the
vacuum necessary to achieve critical flow. Select the dilution ratio so
that the maximum response of the FIA to the sample does not exceed the
high-range calibration gas.
4.2.7 Perform system calibration checks at two levels by
introducing compressed gases at the inlet to the sample vessel while the
aspirator and dilution devices are operating. Perform these checks using
the carrier gas (zero concentration) and the system calibration gas. If
the response to the carrier gas exceeds 0.5 percent of span,
clean or repair the apparatus and repeat the check. Adjust the dilution
ratio as necessary to achieve the correct response to the upscale check,
but do not adjust the analyzer calibration. Record the identification of
the orifice, aspirator air supply pressure, FIA back-pressure, and the
responses of the FIA to the carrier and system calibration gases.
4.2.8 After completing the above checks, inject the system
calibration gas for approximately 10 minutes. Time the exact duration of
the gas injection using a stopwatch. Determine the area under the FIA
response curve and calculate the system response factor based on the
sample gas flow rate, gas concentration, and the duration of the
injection as compared to the integrated response using Equations 2 and
3.
4.2.9 Verify that the sample oven and sample line temperatures are
1205 deg.C and that the water bath temperature is
1005 deg.C.
4.2.10 Fill a tared syringe with approximately 1 g of the VOC
containing liquid and weigh it. Transfer the liquid to a tared sample
vessel. Plug the sample vessel to minimize sample loss. Weigh the sample
vessel containing the liquid to determine the amount of sample actually
received. Also, as a quality control check, weigh the empty syringe to
determine the amount of material delivered. The two coating sample
weights should agree within 0.02 g. If not, repeat the
procedure until an acceptable sample is obtained.
4.2.11 Connect the vessel to the analysis system. Adjust the
aspirator supply pressure to the correct value. Open the valve on the
carrier gas supply to the sample vessel and adjust it to provide a
slight excess flow to the atmospheric vent. As soon as the initial
response of the FIA begins to decrease, immerse the sample vessel in the
water bath. (Applying heat to the sample vessel too soon may cause the
FID response to exceed the calibrated range of the instrument, and thus
invalidate the analysis.)
4.2.12 Continuously measure and record the response of the FIA
until all of the volatile material has been evaporated from the sample
and the instrument response has returned to the baseline (i.e., response
less than 0.5 percent of the span value). Observe the aspirator supply
pressure, FIA back-pressure, atmospheric vent, and other system
operating parameters during the run; repeat the analysis procedure if
any of these parameters deviate from the values established during the
system calibration checks in Section 4.2.7. After each sample perform
the drift check described in Section 5.2. If the drift check results are
acceptable, calculate the VOC content of the sample using the equations
in Section 7. Integrate the area under the FIA response curve, or
determine the average concentration response and the duration of sample
analysis.
5. Calibration and Quality Assurance
5.1 FIA calibration and linearity check. Make necessary adjustments
to the air and fuel supplies for the FIA and ignite the burner. Allow
the FIA to warm up for the period recommended by the manufacturer.
Inject a calibration gas into the measurement system and adjust the
back-pressure regulator to the value required to achieve the flow rates
specified by the manufacturer. Inject the zero- and the high-range
calibration gases and adjust the analyzer calibration to provide the
proper responses. Inject the low- and mid-range gases and record the
responses of the measurement system. The calibration and linearity of
the system are acceptable if the responses for all four gases are within
5 percent of the respective gas values. If the performance of the system
is not acceptable, repair or adjust the system and repeat the linearity
check. Conduct a calibration and linearity check after assembling the
analysis system and after a major change is made to the system.
5.2 Systems drift checks. After each sample, repeat the system
calibration checks in Section 4.2.7 before any adjustments to the FIA or
measurement system are made. If the zero or calibration drift exceeds
3 percent of the span value, discard the result and repeat
the analysis.
5.3 Critical orifice calibration.
5.3.1 Each critical orifice must be calibrated at the specific
operating conditions that it will be used. Therefore, assemble all
components of the liquid sample analysis system as shown in Figure 3. A
stopwatch is also required.
[[Page 509]]
5.3.2 Turn on the sample oven, sample line, and water bath heaters
and allow the system to reach the proper operating temperature. Adjust
the aspirator to a vacuum of 380 mm (15 in.) Hg vacuum. Measure the time
required for one soap bubble to move a known distance and record
barometric pressure.
5.3.3 Repeat the calibration procedure at a vacuum of 406 mm (16
in.) Hg and at 25-mm (1-in.) Hg intervals until three consecutive
determinations provide the same flow rate. Calculate the critical flow
rate for the orifice in ml/min at standard conditions. Record the vacuum
necessary to achieve critical flow.
6. Nomenclature
AL=area under the response curve of the liquid sample, area
count.
AS=area under the response curve of the calibration gas, area
count.
CS=actual concentration of system calibration gas, ppm
propane.
K=1.830 x 10-9 g/(ml-ppm).
L=total VOC content of liquid input, kg.
ML=mass of liquid sample delivered to the sample vessel, g.
q=flow rate through critical orifice, ml/min.
RF=liquid analysis system response factor, g/area count.
TS=total gas injection time for system calibration gas during
integrator calibration, min.
VFj=final VOC fraction of VOC containing liquid j.
VIj=initial VOC fraction of VOC containing liquid j.
VAj=VOC fraction of VOC containing liquid j added during the
run.
V=VOC fraction of liquid sample.
WFj=weight of VOC containing liquid j remaining at end of the
run, kg.
WIj=weight of VOC containing liquid j at beginning of the
run, kg.
WAj=weight of VOC containing liquid j added during the run,
kg.
7. Calculations
7.1 Total VOC content of the input VOC containing liquid.
[GRAPHIC] [TIFF OMITTED] TC07NO91.027
7.2 Liquid sample analysis system response factor for systems using
intergrators, grams/area counts.
[GRAPHIC] [TIFF OMITTED] TC07NO91.028
7.3 VOC content of the liquid sample.
[GRAPHIC] [TIFF OMITTED] TC07NO91.029
[[Page 510]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.102
[[Page 511]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.103
[[Page 512]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.104
[[Page 513]]
Procedure T--Criteria for and Verification of a Permanent or Temporary
Total Enclosure
1. Introduction
1.1 Applicability. This procedure is used to determine whether a
permanent or temporary enclosure meets the criteria of a total
enclosure.
1.2 Principle. An enclosure is evaluated against a set of criteria.
If the criteria are met and if all the exhaust gases are ducted to a
control device, then the volatile organic compounds (VOC) capture
efficiency (CE) is assumed to be 100 percent and CE need not be
measured. However, if part of the exhaust gas stream is not ducted to a
control device, CE must be determined.
2. Definitions
2.1 Natural Draft Opening (NDO)--Any permanent opening in the
enclosure that remains open during operation of the facility and is not
connected to a duct in which a fan is installed.
2.2 Permanent Total Enclosure (PTE)--A permanently installed
enclosure that completely surrounds a source of emissions such that all
VOC emissions are captured and contained for discharge through a control
device.
2.3 Temporary Total Enclosure (TTE)--A temporarily installed
enclosure that completely surrounds a source of emissions such that all
VOC emissions are captured and contained for discharge through ducts
that allow for the accurate measurement of VOC rates.
3. Criteria of a Temporary Total Enclosure
3.1 Any NDO shall be at least 4 equivalent opening diameters from
each VOC emitting point.
3.2 Any exhaust point from the enclosure shall be at least 4
equivalent duct or hood diameters from each NDO.
3.3 The total area of all NDO's shall not exceed 5 percent of the
surface area of the enclosure's four walls, floor, and ceiling.
3.4 The average facial velocity (FV) of air through all NDO's shall
be at least 3,600 m/hr (200 fpm). The direction of air through all NDO's
shall be into the enclosure.
3.5 All access doors and windows whose areas are not included in
section 3.3 and are not included in the calculation in section 3.4 shall
be closed during routine operation of the process.
4. Criteria of a Permanent Total Enclosure
4.1 Same as sections 3.1 and 3.3-3.5.
4.2 All VOC emissions must be captured and contained for discharge
through a control device.
5. Procedure
5.1 Determine the equivalent diameters of the NDO's and determine
the distances from each VOC emitting point to all NDO's. Determine the
equivalent diameter of each exhaust duct or hood and its distance to all
NDO's. Calculate the distances in terms of equivalent diameters. The
number of equivalent diameters shall be at least 4.
5.2 Measure the total area (At) of the enclosure and the
total area (AN) of all NDO's of the enclosure. Calculate the
NDO to enclosure area ratio (NEAR) as follows:
NEAR=AN/At
The NEAR must be 0.05.
5.3 Measure the volumetric flow rate, corrected to standard
conditions, of each gas stream exiting the enclosure through an exhaust
duct or hood using EPA Method 2. In some cases (e.g., when the building
is the enclosure), it may be necessary to measure the volumetric flow
rate, corrected to standard conditions, of each gas stream entering the
enclosure through a forced makeup air duct using Method 2. Calculate FV
using the following equation:
FV=[QO - QI]/AN
Where:
QO=the sum of the volumetric flow from all gas streams
exiting the enclosure through an exhaust duct or hood.
QI=the sum of the volumetric flow from all gas streams into
the enclosure through a forced makeup air duct; zero, if there is no
forced makeup air into the enclosure.
AN=total area of all NDO's in enclosure.
The FV shall be at least 3,600 m/hr (200 fpm).
5.4 Verify that the direction of air flow through all NDO's is
inward. Use streamers, smoke tubes, tracer gases, etc. Strips of plastic
wrapping film have been found to be effective. Monitor the direction of
air flow at intervals of at least 10 minutes for at least 1 hour.
6. Quality Assurance
6.1 The success of this protocol lies in designing the TTE to
simulate the conditions that exist without the TTE, i.e., the effect of
the TTE on the normal flow patterns around the affected facility or the
amount of fugitive VOC emissions should be minimal. The TTE must enclose
the application stations, coating reservoirs, and all areas from the
application station to the oven. The oven does not have to be enclosed
if it is under negative pressure. The NDO's of the temporary enclosure
and a fugitive exhaust fan must be properly sized and placed.
6.2 Estimate the ventilation rate of the TTE that best simulates
the conditions that exist without the TTE, i.e., the effect of the TTE
on the normal flow patterns around the affected facility or the amount
of fugitive
[[Page 514]]
VOC emissions should be minimal. Figure 1 may be used as an aid. Measure
the concentration (CG) and flow rate (QG) of the
captured gas stream, specify a safe concentration (CF) for
the fugitive gas stream, estimate the CE, and then use the plot in
Figure 1 to determine the volumetric flowrate of the fugitive gas stream
(QF). A fugitive VOC emission exhaust fan that has a variable
flow control is desirable.
6.2.1 Monitor the concentration of VOC into the capture device
without the TTE. To minimize the effect of temporal variation on the
captured emissions, the baseline measurement should be made over as long
a time period as practical. However, the process conditions must be the
same for the measurement in section 6.2.3 as they are for this baseline
measurement. This may require short measuring times for this quality
control check before and after the construction of the TTE.
6.2.2 After the TTE is constructed, monitor the VOC concentration
inside the TTE. This concentration shall continue to increase and must
not exceed the safe level according to OSHA requirements for permissible
exposure limits. An increase in VOC concentration indicates poor TTE
design or poor capture efficiency.
6.2.3 Monitor the concentration of VOC into the capture device with
the TTE. To limit the effect of the TTE on the process, the VOC
concentration with and without the TTE must be within 10
percent. If the measurements do not agree, adjust the ventilation rate
from the TTE until they agree within 10 percent.
[[Page 515]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.105
[55 FR 26856, June 29, 1990; 55 FR 31981, Aug. 6, 1990; 55 FR 39774,
39775, Sept. 28, 1990, as amended at 56 FR 24723, May 31, 1991; 56 FR
33712, July 23, 1991; 57 FR 3946, Feb. 3, 1992; 57 FR 7550, Mar. 3,
1992; 57 FR 27936, June 23, 1992; 58 FR 31653, June 4, 1993; 58 FR
34908, June 30, 1993; 59 FR 14112, Mar. 25, 1994; 59 FR 46569, Sept. 9,
1994; 60 FR 41, Jan. 3, 1995; 60 FR 13045, Mar. 10, 1995; 60 FR 14900,
Mar. 21, 1995; 60 FR 43387, 43393, 43395, Aug. 21, 1995; 61 FR 54559,
Oct. 21, 1996]
[[Page 516]]
Sec. 52.742 Incorporation by reference.
The materials listed below are incorporated by reference in the
corresponding sections noted. The incorporation by reference was
approved by the Director of the Office of Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated
as they exist on the date of approval, and a notice of any change in
these materials will be published in the Federal Register. The materials
are available from the sources listed below.
(a) The following material is available for purchase from the
American Society for Testing and Materials (ASTM), 1916 Race Street,
Philadelphia, PA 19103.
(1) ASTM D1475-85, Standard Test Method for Density of Paint,
Varnish, Lacquer, and Related Products, for
Sec. 52.741(a)(4)(i)(B)(3)(i).
(2) ASTM D2369-87, Standard Test Method for Volatile Content of
Coatings, for Sec. 52.741(a)(4)(i)(B)(3)(ii).
(3) ASTM D3792-86, Standard Test Method for Water Content of Water-
Reducible Paints by Direct Injection into a Gas Chromatograph, for
Sec. 52.741(a)(4)(i)(B)(3)(iii).
(4) ASTM D4017-81(Reapproved 1987), Standard Test Method for Water
in Paints and Paint Materials by Karl Fischer Method, for
Sec. 52.741(a)(4)(i)(B)(3)(iv).
(5) ASTM D4457-85, Standard Test Method for Determination of
Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by
Direct Injection into a Gas Chromatograph, for
Sec. 52.741(a)(4)(i)(B)(3)(v).
(6) ASTM D2697-86, Standard Test Method for Volume Nonvolatile
Matter in Clear or Pigmented Coatings, for
Sec. 52.741(a)(4)(i)(B)(3)(vi).
(7) ASTM D3980-87, Standard Practice for Interlaboratory Testing of
Paint and Related Materials, for Sec. 52.741(a)(4)(i)(B)(3)(vi).
(8) ASTM E180-85, Standard Practice for Determining the Precision of
ASTM Methods for Analysis and Testing of Industrial Chemicals, for
Sec. 52.741(a)(4)(i)(B)(3)(viii).
(9) ASTM D2372-85, Standard Method of Separation of Vehicle from
Solvent-Reducible Paints, for Sec. 52.741(a)(4)(i)(B)(3)(ix).
(10) ASTM D2879-86, Standard Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope, for Sec. 52.741(a)(3), (a)(8)(ii), (a)(9)(iii),
and (a)(10)(iii).
(11) ASTM D323-82, Standard Test Method for Vapor Pressure of
Petroleum Products (Reid Method), for Sec. 52.741(a)(3).
(12) ASTM D86-82, Standard Method for Distillation of Petroleum
Products, for Sec. 52.741(a)(3).
(13) ASTM D3925-81(Reapproved 1985), Standard Practice for Sampling
Liquid Paints and Related Pigment Coatings, for
Sec. 52.741(a)(4)(i)(A)(1).
(14) ASTM E300-86, Standard Practice for Sampling Industrial
Chemicals, for Sec. 52.741(a)(4)(i)(A)(2).
(b) The Evaporation Loss From External Floating-Roof Tanks,
Publication 2517, second edition, February 1980, for Sec. 52.741(a)(3)
is available for purchase from the American Petroleum Institute, 2101 L
Street, NW., Washington, DC 20037.
(c) The Standard Industrial Classification Manual, 1987, for
Sec. 52.741(a)(3) is available for purchase from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402.
(d) 35 Illinois Administrative Code 215, June 1989, subparts (B),
(E) (sections 215.182, 215.183, and 215.184), (K) (sections 215.301 and
215.302), (Q) (excluding sections 215.432 and 215.436), (R) (excluding
sections 215.447, 215.450, and 215.452), (S), (V), (X), (Y) (sections
215.582, 215.583, and 215.584), and (Z) of 35 Ill. Adm. Code 215 for
Sec. 52.741 (d)(l)-(d)(3); (e)(3), (e)(4); (h)(2); (i)(1), (i)(2);
(j)(1)-(j)(3); (q)(1); (s)(1); (u)(1), (3); (v)(1); (w)(1); and (x)(1),
(x)(3) is available from the United States Environmental Protection
Agency, Air and Radiation Division, Region V, 230 S. Dearborn, Chicago,
IL, 60604.
[55 FR 26909, June 29, 1990]
Sec. 52.743 Continuous monitoring.
(a) Alternative monitoring requirements established under Section
201.402 of Title 35, IAC must be either: Incorporated into a federally
enforceable operating permit or construction permit or submitted to
USEPA for approval as
[[Page 517]]
a revision to the Illinois State Implementation Plan (SIP). Illinois
shall set forth alternative emissions monitoring and reporting
requirements to satisfy the intent of 40 CFR part 51, appendix P
whenever Illinois exempts any source subject to Section 201.401 from
installing continuous emission monitoring systems. Illinois may exempt a
source if the source cannot install a continuous emission monitoring
system because of physical plant limitations or extreme economic
reasons, according to the criteria of Section 201.402.
(b) As codified at 40 CFR 52.737 (USEPA's approval of the Illinois
operating permit program for the purpose of issuing federally
enforceable construction and operating permits), USEPA reserves the
right to deem an operating permit not federally enforceable. Such a
determination will be made according to appropriate procedures including
operating permit requirements promulgated at 54 FR 27274 (June 28, 1989)
and will be based upon either; the permit, permit approval procedures or
state or local permit requirements which do not conform with the
operating permit program requirements or the requirements of USEPA's
underlying regulations. Among other things, underlying requirements
include 40 CFR 51.214 and part 51, appendix P and Illinois' approved
SIP, 40 CFR part 52. Should USEPA deem an operating or construction
permit containing alternative monitoring requirements not federally
enforceable, the underlying continuous monitoring requirements at
Section 201.401 of the State rule would be the Federal requirements
contained in the SIP to which the source would be subject. This
interpretation of the impact of an operating permit deemed not federally
enforceable by USEPA on a source to which it was issued was acknowledged
by the State in a March 3, 1993, letter from Bharat Mathur, Chief,
Bureau of Air, Illinois Environmental Protection Agency, to Stephen
Rothblatt, Chief, Regulation Development Branch, Region 5, USEPA.
[58 FR 17783, Apr. 6, 1993]
Sec. 52.744 Small business stationary source technical and
environmental compliance assistance program.
The Illinois program submitted on November 12, 1992, as a requested
revision to the Illinois State Implementation Plan satisfies the
requirements of section 507 of the Clean Air Act Amendments of 1990.
[58 FR 45451, Aug. 30, 1993]
Subpart P--Indiana
Sec. 52.769 Identification of plan--conditional approval.
The plan revision commitment listed in paragraphs (a) and (b) of
this section were submitted on the dates specified.
(a)-(b) [Reserved]
[60 FR 22241, 22242, May 4, 1995, as amended at 62 FR 19056, Apr. 18,
1997; 63 FR 35144, June 29, 1998]
Sec. 52.770 Identification of plan.
(a) Title of plan: ``State of Indiana Air Pollution Control
Implementation Plan.''
(b) The plan was officially submitted on January 31, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) The State Air Pollution Control Board submitted a SO2
control strategy for the City of Indianapolis on March 16, 1972.
(2) The Governor submitted Pub. L. 100, Regulation APC 12-R and 13
through 17 on April 11, 1972.
(3) On May 1, 1972, the Governor's office submitted an errata sheet
and revised pages for the State plan.
(4) A request for a nine month extension to achieve secondary
SO2 standards in the Indianapolis Region was made by the
Governor on May 16, 1972.
(5) The State Air Pollution Control Board submitted additional
information on surveillance methodology (non-regulatory) on May 17,
1972.
(6) Regulation APC 4-R was transmitted by the Governor on June 30,
1972.
(7) Assurance that emission data for sources was available for
public inspection was given on July 24, 1972, by the Technical Secretary
to the Indiana Board.
[[Page 518]]
(8) Clarification of a policy on availability of emission data to
the public sent August 17, 1972, by the Technical Secretary to the
Indiana Board.
(9) On September 15, 1972, amendments to State control regulations
13, 15 and 16 were submitted to the Governor.
(10) On May 8, 1973, the Governor submitted a new regulation (APC-
19) which replaced APC-1.
(11) The Governor submitted a transportation control plan for Marion
County on October 19, 1973.
(12) On March 7, 1974, the Technical Secretary of the Air Pollution
Control Board, acting for the Governor of Indiana, submitted new
regulation APC-20.
(13) On October 3, 1974, the Technical Secretary submitted revised
regulations APC-16 covering CO, APC-17 covering NO2 and a new
regulation APC-22 covering classification of counties for
SO2, oxidants, particulates, NO2 and CO.
(14) On November 8, 1974, the Technical Secretary submitted revised
regulation APC-3 covering visible emissions and revised regulation APC-
15 covering hydrocarbons.
(15) On December 5, 1974, the Technical Secretary submitted revised
regulation APC-13 covering SO2. On July 18, 1975, an updated
Technical Support Document on APC-13 was submitted by the Technical
Secretary.
(16) On June 14, 1976, the Technical Secretary submitted enforcement
orders varying the final sulfur dioxide emission limitations for the
Warrick and Culley electrical generating stations in Warrick County.
(17) On March 16, 1977, the Technical Secretary submitted new
regulation APC-8, Continuous Emission Monitoring; and revised
regulations APC-7, Incinerators; and APC-14, Indiana Ambient Air Quality
Standards.
(18) On May 18, 1977, the Technical Secretary submitted revised
regulation APC-2, Open Burning.
(19) On June 26, 1979, the Governor submitted a revised sulfur
dioxide strategy, including regulation APC 13 with appendix, which was
promulgated by the State on June 19, 1979 for all areas of the State.
This included the Part D sulfur dioxide regulations for Lake, LaPorte,
and Marion Counties. On August 27, 1980 and July 16, 1981 the State
committed itself to correct conditionally approved items within their
strategy. On October 6, 1980, the State submitted a recodified version
of APC 13 which was promulgated by the State on August 27, 1980. This
included 325 IAC 7, 325 IAC 1.1-6, 325 IAC 1.1-7-2 and 4, 325 IAC 12-5-1
and 2(a), 325 IAC 12-9-1 and 4, and 325 IAC 12-18-1 and 2. EPA is not
taking action on: (i) 325 IAC 7 as it applies to Floyd and Vigo
Counties, (ii) the 30-day averaging compliance method contained in 325
IAC 7-1-3, and (iii) the stack height provision for NIPSCO's Mitchell
Station in the Lake County SO2 strategy and (4) the stack
height provisions for IPALCO's Stout Generating Chemicals Company, and
Detroit Diesel Allison's Plant 8 in the Marion County SO2
strategy.
(20) On June 26, 1979, the State of Indiana submitted to EPA
revisions to the ozone and carbon monoxide portions (section 3.3.24) of
its Marion County State Implementation Plan. On March 11, 1980, the
state submitted revisions to the Marion County technical appendix to
section 3.3.24. On May 19, 1980, the state submitted ozone and carbon
monoxide attainment demonstrations for Marion County (section 1.5). On
September 8, 1980 the state submitted its memoranda of understanding. On
October 9 and October 15, 1980, the state submitted documentation
concerning interagency coordination and the analysis of transportation
control measures. On January 7, 1981, the state submitted corrections
and clarifications in response to EPA's notice of proposed rulemaking
(45 FR 81070).
(21) On June 26, 1979 Indiana submitted a motor vehicle inspection
and maintenance program for Clark, Floyd, Lake, and Porter Counties.
Additional commitments were submitted on April 7, 1980; June 12, 1980;
August 27, 1980; November 13, 1980 and November 24, 1980.
(22) On June 26, 1979, Indiana made submittals pertaining to section
121 Consultation, section 110(a)(2)(K)--Permit Fees, section 126--
Interstate Pollution, section 127--Public Notification, section 128--
State Boards and section 110(a)(2)(F) (ii) and (iii)--Continuous
[[Page 519]]
Emission Monitoring Additional commitments were secured on April 17,
1980, June 25, 1980, August 1, 1980, November 10, 1980, December 9,
1980, and December 31, 1980. A revised version of Indiana's continuous
emission monitoring regulation (325 IAC 3) was submitted on October 6,
1980.
(23) On June 26, 1979, the State of Indiana submitted a revision to
provide for modification of the existing air quality surveillance
network.
(24) On June 26, 1979, the Governor submitted a revised new source
review regulation, APC-19. Additional information and commitments were
submitted on June 25, 1980 and May 19, 1981. EPA is not taking action on
section 7 of APC-19, Prevention of Significant deterioration.
(25) On June 26, 1979 the Governor submitted revised emission limits
for Knauf Fiberglass, Shelby County. Additional information was
submitted by November 21, 1979. The emission limitations were recodified
as 325 IAC 11-4 and 11-4 Appendix A and were resubmitted on October 6,
1980.
(26) On June 26, 1979 the Governor submitted Indiana's definition
regulation, APC-1. The definitions were recodified as 325 IAC 1.1-1 and
resubmitted on October 6, 1980. On January 21, 1981 Indiana submitted a
revised definition for ``positive net air quality benefit.'' EPA is
taking no action on 325 IAC 1.1-1-82, definition of ``State
Implementation Plan (SIP).''
(27) On October 6, 1980, Indiana submitted Regulation 325 IAC 1.1-2
(formerly APC 14) which includes the primary and secondary ambient air
quality standards for ozone and lead.
(28) On February 26, 1981, Indiana submitted a revision to its plan
waiving the State's sulfur dioxide air monitoring requirement of section
4(a) of Regulation 325 IAC 7-1 for the area around Public Service of
Indiana's Noblesville Generating Station.
(29) On June 26, 1979, May 19, 1980, September 24, 1980, October 9,
1980 and October 15, 1980, Indiana submitted transportation control
plans and ozone demonstrations of attainment for Lake, Porter, Clark,
Floyd, St. Joseph, Elkhart and Allen Counties. It also submitted a
carbon monoxide demonstration of attainment for Lake County. EPA is
taking no action on the ozone demonstration of attainment for St.
Joseph, Elkhart and Allen Counties.
(30) On April 10, 1981, Indiana submitted revised emission limits
for Indiana Farm Bureau Cooperative Association's Beech Grove plant.
(31) On February 11, 1980, Indiana submitted a revised sulfur
dioxide strategy for Vigo County. Technical information was submitted on
December 10, 1979 and on May 30, 1980. On October 6, 1980, the State
submitted a recodified version of the Vigo County Regulations, 325 IAC
Article 7, which was promulgated by the State on August 27, 1980. EPA is
not taking action on the 30-day averaging compliance method contained in
325 IAC 7-1-3 as it applies to Vigo County.
(32) On November 24, 1981, Indiana submitted site specific emission
limitations for Tecumseh Pipe Line Company, Schererville; and Wayne
Transportation Division, Richmond.
(33) On February 11, 1980, Indiana submitted APC 15. EPA is taking
no action the ``bubble'' provisions contained in Section 8(a)(2) of
revised APC 15.
(34) On June 26, 1979, the Governor of Indiana submitted general TSP
RACT emisson limits for nonattainment areas. These regulations were
amended and recodified as 325 IAC 6-1 and resubmitted on October 6,
1980. On October 6, 1980, the State submitted a revised TSP regulation
for process sources, 325 IAC 6-3; a source specific Dearborn County
strategy (amendments were submitted on August 10, 1981), 325 IAC 6-1-8;
a source specific Dubois County strategy, 325 IAC 6-1-9; and a source
specific Wayne County strategy (amendments were submitted on January 29,
1981), 325 IAC 6-1-14. On February 11, 1980, Indiana submitted a source
specific Marion County strategy (amendments were submitted on October
28, 1981), 325 IAC 6-1-12. EPA is deferring rulemaking at this time on
the coke battery emission limitations in the Marion County strategy. On
January 29, 1981, the State submitted a source specific Vigo County
strategy (amendments were submitted on October 28, 1981 and May 7,
1982), 325 IAC 6-1-13; a source specific Howard County strategy, 325 IAC
6-1-15; and a source specific Vanderburgh
[[Page 520]]
County strategy (amendments were submitted on October 28, 1981), 325 IAC
6-1-16. EPA is deferring rulemaking at this time on the coke battery
emission limitations in the Vigo County strategy and on whether the
Howard County strategy currently contains all the elements required by
the Clean Air Act. On July 8, 1981, the State submitted a source
specific Clark County strategy, 325 IAC 6-1-17, and a source specific
St. Joseph County strategy, 325 IAC 6-1-18. On January 29, 1981 and May
7, 1982, the State submitted additional information and commitments.
(35) On October 6, 1980, Indiana submitted its regulations as
recodified. Amendments were submitted on January 29, 1981 and March 18,
1981. EPA's approval is directed specifically to the codification
numbering system change, not to the substance within each of the
codified rules.
(36) [Reserved]
(37) On May 10, 1982, Indiana submitted source specific emission
limits contained in operating permits for the Bunge Corporation, Globe
Industries, Skyline Corporation, and Dubois County Farm Bureau Co-op
Assn., Inc. as revisions to the Indiana SIP.
(38) On April 27, 1982, Indiana submitted source specific TSP
emission limits for Huntingburg Wood Products, Jasper Desk Company,
Jasper Office Furniture Company, Arist-O-Kraft Company, Mohr
Construction Company, Dana Corporation, and Allis Chalmers Corporation.
On April 29, 1982, Indiana submitted source specific VOC emission limits
for McGee Refining Corporation, Hesco Industries, and Clark Oil and
Refining Corporation.
(39) On November 25, 1980, Indiana submitted 325 IAC Article 8,
Volatile Organic Compound Regulations. This regulation adds Group II CTG
requirements to Indiana's VOC plan and was State promulgated on October
15, 1980. EPA is not taking action on 325 IAC 8-1.1 Section 2(b), Bubble
Approach.
(40) On November 24, 1981, Indiana submitted site specific emission
limitations for Jeffboat, Inc., Jeffersonville.
(41) On November 23, 1982, Indiana submitted source-specific
emission limits for Paul H. Rohe Company, Inc.
(42) On June 26, 1979, Indiana submitted its coke oven battery
regulation, APC 9. On October 6, 1980 Indiana resubmitted this
regulation recodified as 325 IAC 11-3. On August 27, 1981, Indiana
submitted amendments to 325 IAC 11-3. EPA is taking no action on 325 IAC
11-3-2(a), Pre-Carbonization Emissions. It is taking no action on 325
IAC 11-3-2(i), Underfire Particulate and Sulfur Dioxide Emissions, as it
applies to Lake County.
(43) On February 26, 1981 and June 22, 1982, Indiana submitted a
9.57 lbs/MMBTU sulfur dioxide emission limit for IMEC's Breed Generating
Station in Sullivan County. This limit supersedes that approved at
paragraph (c)(19).
(44) On June 28, 1982, Indiana submitted new open burning
regulations for Marion County. An amendment was submitted on August 25,
1982.
(45) On March 15, 1983, Indiana submitted a revision to the TSP and
SO2 portions of its SIP in the form of operating permits for
the Sisters of Providence Convent in St. Mary-of-the-Woods, Indiana.
(46) On November 29, 1982, and December 9, 1982, Indiana submitted
amendments to 325 IAC 11-4, Fiber Glass Insulation Manufacturing
(Superfine Process) Limitations.
(47) On August 17, 1983, Indiana submitted emission limits of 1.8
lbs/hr and 2.4 tons/yr for the boilers at Jasper Cabinet Co., Dubois
County. The 1.8 lbs/hr limit replaces the 7.6 lbs/hr limit approved for
this source in subparagraph 34.
(48) [Reserved]
(49) On March 28, 1983, Indiana submitted a 20% 2-hour opacity limit
as an ``equivalent visible emission limit'' (EVEL) for the underfire
stack at Bethlehem Steel Corporation's Coke Battery No. 2 in Porter
County. This EVEL is approved for as long as the SIP mass emission limit
determined from 325 IAC 6-2 (October 6, 1980, submittal) for this source
remains in the SIP See (c)(6), (35), and (42).
(50) On December 21, 1983, the Indiana Air Pollution Control Board
submitted Indiana Rule 325 IAC 6-2.1, Particulate Emission Limitations
for Sources of Indirect Heating. This rule repeals and replaces Indiana
Rule 325 IAC 6-2. See Secs. 52.770(c)(4) and (c)(35) and Sec. 52.776(i).
(i) Incorporation by reference.
[[Page 521]]
(A) 325 IAC 6-2.1, revised regulation establishing Particulate
Emission Limitations for Sources of Indirect Heating.
(ii) Additional material.
(A) December 21, 1983, submittal of Finding of Facts and
Recommendations of Hearing Officer R. W. James on 325 IAC 6-2.1.
(B) March 27, 1985, commitment letter from the State concerning the
procedures the State will use in processing ``bubbles'' under 325 IAC 6-
2.1-2(B) and 3(b). See Sec. 52.776(i).
(51) On February 7, 1983, Indiana submitted revised opacity limits
for existing boilers at Olin Corporation, located in Covington, Indiana.
These ``equivalent visible emission limits'' (EVEL) are approved for as
long as the SIP mass emission limit determined from 325 IAC 6-2 (October
6, 1980 submittal) for this source remains in the SIP. See
Sec. 52.770(c) (6) and (35) and Sec. 52.776(h)(2).
(i) Incorporation by reference.
(A) EVELs for Olin Corporation contained in Operating Permits issued
by IAPCB, dated October 6, 1981.
(ii) Additional material.
(A) September 1, 1983, transmittal by IAPCD's A. Sunderland of
Olin's Mass Emission Tests, dated August 26, 1983.
(B) April 5, 1984, letter from IAPCD's E. Stresino transmitting
original petition, including Method 9 opacity data.
(52) On February 23, 1984, the Indiana Air Pollution Control Board
submitted a revision to Indiana's SO2 SIP waiving the self-
monitoring requirement for Public Service Indiana's Edwardsport
Generating Station, as set forth in section 4(a) of Rule 325 IAC 7-1.
See (c)(19). This revision becomes effective once the Edwardsport
Station achieves an annual operating capacity of no greater than 10%.
(53) On October 6, 1980, Indiana submitted revised opacity
regulation 325 IAC 5-1. It replaces 1972 APC 3 for process sources,
approved at paragraph (b), and SIP 1974 APC 3 for combustion sources,
approved in part at subparagraph (c)(14). Indiana does not intend 325
IAC 5-1 to regulate the emission points in Lake County listed in Table 2
of 325 IAC 6-1-110.2 (subparagraph (c)(57)). USEPA is disapproving 325
IAC 5-1 for these sources. Indiana does not intend 325 IAC 5-1 to
regulate certain coke battery emission sources listed in 325 IAC 11-3
(subparagraph (c)(42)). USEPA is disapproving 325 IAC 5-1 as it applies
to the provisions of 325 IAC 11-3 which USEPA disapproved at (c)(42),
i.e., pushing and quenching sources throughout the State and coke oven
doors in Lake and Marion Counties. Additionally, Indiana has modified
325 IAC 5-1 as it applies to the stack emission points in Porter County
listed at 325 IAC 6-6-4. USEPA disapproved 325 IAC 5-1 as it applies to
these Porter County sources on February 5, 1987 (52 FR 3640). For those
source categories where USEPA is disapproving 325 IAC 5-1, they remain
regulated by the previously approved opacity SIP which consists of SIP
1974 APC 3 for combustion sources and 1972 APC 3 for process sources.
Additionally, as long as the Bethlehem Steel Corporation No. 2 Coke Oven
Battery Underfire Stack EVEL (subparagraph (c)(49)) remains approved, it
replaces 325 IAC 5-1.
(i) Incorporation by reference.
(A) A letter dated October 6, 1980 from the State of Indiana Air
Pollution Control Board and 325 IAC 5-1, Visible Emission Limitations,
State promulgated on August 26, 1980.
(ii) Additional material.
(A) February 12, 1985, letter from the Technical Secretary of the
Air Pollution Control Board committing the State to make certain
technical changes to 325 IAC 5-1.
(54) On March 28, 1984, Indiana submitted a revised TSP emission
limitation for Richmond State Hospital, Wayne County, Indiana. This
limitation replaces the one in 325 IAC 6-1-14 which was previously
approved at (c)(34).
(i) Incorporation by reference.
(A) On January 13, 1984, Indiana issued to Richmond State Hospital
an amendment to operating permit, 89-04-85-0153, which revised its TSP
emission limitations for the four boilers to 0.60 lbs/MMBTU with an
annual total limit of 452 tons/yr.
(55) On January 30, 1985, Indiana submitted revised VOC regulations
325 IAC 8-1.1, 8-2, 8-3, 8-4 and 8-5 to satisfy certain conditions of
USEPA's approval.
[[Page 522]]
Those regulations amended those approved at (c)(33) and (c)(34). In
addition, the applicability of the regulations was extended to cover St.
Joseph and Elkhart Counties. USEPA is taking no action on changes to 325
IAC 8-1.1-2(f), Methods of Compliance, and the repeal of 325 IAC 8-5-6,
Perchloroethylene Dry Cleaning, because these exempt the compound
perchloroethylene from control without the State justifying that such
exemption is consistent with the Part D reasonably available control
technology (RACT) requirements.
Note: If Indiana allows use of a non-USEPA test method in the
future, its use must be submitted to USEPA as a SIP revision.
(i) Incorporation by reference.
(A) Indiana's Volatile Organic Compounds (VOC) RACT I and II
regulations, Title 325 Air Pollution Control Board:
(1) 325 IAC 8-1.1, Establishes Volatile Organic Compound Emission
Limitations. State promulgated on June 21, 1984, and amended November 7,
1984.
Note: 325 IAC 8-1.1-4 Test methods andprocedures. If Indiana allows
use of a non-USEPA test method in the future, its use must be submitted
to USEPA as a SIP revision.
(2) 325 IAC 8-2 Surface Coating Emission Limitations. State
promulgated on June 21, 1984, and amended November 7, 1984.
(3) 325 IAC 8-3 Solvent Metal Cleaning Operating Requirements. State
promulgated on October 15, 1984, and amended November 7, 1984.
(4) 325 IAC 8-4 Petroleum Sources. State promulgated on June 21,
1984, and amended November 7, 1984.
(5) 325 IAC 8-5 Miscellaneous Operations. State promulgated on June
21, 1984, and amended November 7, 1984.
(56) On September 2, 1983, the Indiana Air Pollution Control Board
(Board) submitted revised emission limitations for Occidental Chemical
Corporation (OCC), located in Clark County, Indiana. Amendments to these
operating permits were submitted by the State on December 21, 1983.
These emission limits replace those approved for OCC (under its former
name, Hooker Chemical) at (c)(34).
(i) Incorporation by reference.
(A) Indiana Air Pollution Control Board Operation Permits:
(1) Control Number 16113, date issued December 27, 1982.
(2) Control Number 16114, date issued December 27, 1982.
(3) Control Number 16115, date issued December 27, 1982.
(ii) Additional material.
(A) OCC corrected emissions dated September 13, 1984.
(B) OCC's new modeled data, dated November 6, 1984.
(C) State's modeling for OCC and surrounding area, dated July 2,
1984 and August 7, 1984.
(57) On October 11, 1983, October 24, 1983, and April 16, 1984,
Indiana submitted a revised Lake County Total Suspended Particulates
(TSP) Plan, including regulations 325 IAC 6-1-10.2 and 6-1-11.1. This
plan is disapproved. See Sec. 52.776(j).
(58) On November 13, 1984, Indiana submitted 325 IAC 13-2, Motor
Vehicle Tampering and Fuel Switching.
(i) Incorporation by reference.
(A) Indiana Rule 325 IAC 13-2, promulgated by the State on September
24, 1984.
(59) On March 24, 1986, the State of Indiana submitted a negative
declaration for synthetic organic chemical manufacturing industry
(SOCMI) source leaks and oxidation, and for natural gas/gasoline
processing plants. On April 14, 1986, the State of Indiana submitted a
negative declaration for manufacturers of high-density polyethylene,
polypropylene, and polystyrene resins, and for large petroleum dry
cleaners.
(i) Incorporation by reference.
(A) Letter dated March 24, 1986, from Harry D. Williams, Director,
Air Pollution Control Division, Indiana State Board of Health. Letter
dated April 14, 1986, from Walter J. Kulakowski, Assistant Commissioner
for Air Management, Department of Environmental Management.
(60) On January 18, 1984, Indiana submitted as a revision to the TSP
SIP certain operating conditions and limits for three coke oven
batteries at Citizens Gas and Coke Utility in Marion
[[Page 523]]
County. The operating permits included conditions and limits for
Batteries E, H and Number One with respect to visible emissions from
coke oven doors and pushing operations and allowable content of total
dissolved solids in quench makeup water. EPA disapproves the limit on
coke oven door visible emissions and total dissolved solids content for
quench makeup water on Battery Number One, because the limits are
inconsistent with that battery's Part C Prevention of Significant
Deterioration requirements and Part D Lowest Achievable Emission Rate
requirements. See subparagraphs (c)(34) and (c)(42) for further
background on actions concerning coke oven batteries.
(i) Incorporation by reference.
(A) Certificates of Operation Numbers 06895, 06896, and 06897 for
Citizens Gas and Coke Utility issued by the City of Indianapolis, dated
June 30, 1980, with addition of operating conditions and emission
limits, dated September 12, 1983, as adopted by the State on January 4,
1984, and transmitted on January 18, 1984.
(ii) Additional information.
(A) September 7, 1983, letter from the City of Indianapolis to the
State concerning quarterly analysis of coke quenching makeup water.
(61) On October 15, 1984, Indiana submitted a revision to the Porter
County total suspended particulate (TSP) plan, including regulation 325
IAC 6-6, which was promulgated by Indiana on November 7, 1984. This plan
is disapproved. See Sec. 52.776(l).
(62) On March 4, 1985, Indiana submitted a revision to the Marion
County carbon monoxide (CO) plan. USEPA approved this plan based on
monitoring and modeling data and a commitment to implement a one-way
street pair in the Indianapolis central business district. These
elements demonstrate attainment of the CO National Ambient Air Quality
Standards by December 31, 1987.
(i) Incorporation by reference.
(A) Marion County CO plan for attainment and maintenance of the CO
NAAQS from Indianapolis Air Pollution Control Division, Sections 1.0,
3.4, 4.1, 4.2, 4.3.1, 4.3.2, 4.4, 5.1, 5.5.4, 6.1, 6.2.1, 6.2.2, 6.3,
and 6.4, dated November 12, 1984.
(B) Letter from Indiana forwarding Marion County CO plan to USEPA,
dated March 4, 1985.
(ii) Additional material.
(A) Portion of additional technical information from Indianapolis
Air Pollution Control Division, including Section 1.0, dated August 28,
1985.
(B) Letter from Indiana forwarding additional technical information,
dated October 7, 1985.
(63) On January 23, 1986, the State submitted revisions to its Stage
I Gasoline Dispensing regulations, which replace those conditionally
approved at (c)(33), (c)(35)--Codification only, and (c)(55).
(i) Incorporation by reference.
(A) Letter of January 23, 1986 to EPA from the State of Indiana, and
Title 325 Air Pollution Control Board Rule 325 IAC 8-4-6, Gasoline
Dispensing Facilities, which was promulgated on January 14, 1986.
(B) Title 325 Air Pollution Control Board Rule 8-1.1-3, Compliance
Schedules, subsections (f), (g), and (h), which was promulgated on
January 14, 1986.
(64) On January 23, 1986, the State of Indiana submitted to USEPA a
revision to the Indiana Lead State Implementation Plan in order to
satisfy the requirements of 40 CFR 51.160 through 51.163 and 51.165(b)
(formerly 40 CFR 51.18 (a) through (i) and 51.18(k)) for a new source
review program, USEPA approved this revision for lead new source review
only.
(i) Incorporation by reference.
(A) Construction and Operating Permit Requirements, 325 IAC 2-1.1
promulgated on January 8, 1986.
(B) Letter of November 17, 1987, to EPA from the Indiana Department
of Environmental Management.
(65) On November 30, 1981, Indiana established its air quality
surveillance network for lead. On November 21, 1983, Indiana notified
USEPA that Corning Glass was shut down. On February 18, 1987, Indiana
submitted its regulation to control lead emissions, 325 IAC 15-1.
(i) Incorporation by reference.
(A) 325 IAC 15-1, Lead Emission Limitations, effective February 27,
1987.
(B) Letter of February 18, from the State of Indiana to EPA.
[[Page 524]]
(ii) Additional material.
(A) A November 30, 1981, letter from Harry Williams, Technical
Secretary, Indiana Air Pollution Control Board establishing Indiana's
air quality surveillance network for lead.
(B) A November 21, 1983, letter from Harry Williams, Technical
Secretary, confirming that the Corning Glass facility in Wells County
was permanently shut down and had been taken out of the State's emission
inventory.
(C) A June 9, 1987, letter from Timothy Method, Acting Assistant
Commissioner, submitting a general strategy and additional increments of
progress required of Hammond Lead.
(66) On October 21, 1987, the State of Indiana submitted 325 IAC 7-
1-3.1, Reporting Requirements and Methods to Determine Compliance, as a
revision to its SO2 plan. At paragraph (c)(19) of this
section, USEPA approved/conditionally approved Indiana's SO2
plan, 325 IAC 7-1, for most areas of the State. However, the emission
limits in this plan were set aside by the Court of Appeals for the
Seventh Circuit because USEPA took no action on the State's 30-day
averaging compliance method in 325 IAC 7-1-3. New compliance method 325
IAC 7-1-3.1 replaces former 325 IAC 7-1-3. Therefore, with EPA's
approval of 325 IAC 7-1-3.1, USEPA is reinstating its March 12, 1982,
approval of Indiana's October 6, 1980, SO2 rule, 325 IAC 7-1-
1,7-1-2 (except for any emission limits in the below named counties), 7-
1-4, 7-1-5, 7-1-6, and 7-1-7. Other than these general provisions and
325 IAC 7-1-3.1, USEPA is not acting on or approving today Indiana's
SO2 plan for Dearborn, Floyd, Gibson, Jefferson, Lake,
LaPorte, Marion, Morgan, Porter, Sullivan, Vermillion, Vigo, Warrick,
and Wayne Counties. Indiana recodified 325 IAC 7-1-1 through 7-1-7 to
326 IAC 7-1-1 through 7-1-7 and submitted the recodified rules on
November 16, 1988.
(i) Incorporation by reference.
(A) 326 IAC 7-1-1 through 326 7-1-7, Sulfur Dioxide Emission
Limitations, as published in the April 1, 1988, Indiana Register (IR) at
11 IR 2511.
(67) On February 3, 1988, Indiana submitted its SO2 plan
for Jefferson, LaPorte, Marion, Sullivan, and Wayne Counties; on March
23, 1988, it submitted its SO2 plan for Vermillion County;
and on August 1, 1988, it submitted its SO submitted the same rules in
its plans for Jefferson, LaPorte, Marion, Sullivan, and Wayne Counties,
as recodified into Title 326 of the Indiana Administrative Code. These
plans consist of the provisions and requirements in 326nIAC 7-1 approved
or reinstated for these counties at paragraph (c)(66), any
SO2 emission limits in 326 IAC 7-1-2 applicable in these
counties (as incorporated by reference at (c)(66)(i)(C)), and the site-
specific SO2 emission limits and other requirements in 326
IAC 7-1-13 (Jefferson County), 326 IAC 7-1-12 (LaPorte County), 326 IAC
7-1-9 (Marion County), 326 IAC 7-1-14 (Sullivan County), 326 IAC 7-1-15
(Vermillion County), 326 IAC 7-1-10.1 (Vigo County), and 326 IAC 7-1-11
(Wayne County).
(i) Incorporation by reference.
(A) 326 IAC 7-1-13, Jefferson County Sulfur Dioxide Emission
Limitations, as published in the April 1, 1988, Indiana Register (IR) at
11 IR 2526.
(B) 326 IAC 7-1-12, LaPorte County Sulfur Dioxide Emission
Limitations, as published on April 1, 1988, at 11 IR 2526.
(C) 326 IAC 7-1-9, Marion County Sulfur Dioxide Emission
Limitations, as published on April 1, 1988, at 11 IR 2518.
(D) 326 IAC 7-1-14, Sullivan County Sulfur Dioxide Emission
Limitations, as published on April 1, 1988, at 11 IR 2526.
(E) 326 IAC 7-1-15, Vermillion County Sulfur Dioxide Emission
Limitations, as published on March 1, 1988, at 11 IR 1735.
(F) 326 IAC 7-1-10.1, Vigo County Sulfur Dioxide Emission
Limitations, as published on August 1, 1988, at 11 IR 3785.
(G) 325 IAC 7-1-11, Wayne County Sulfur Dioxide Emission
Limitations, as published on April 1, 1988, at 11 IR 2525.
(68) On December 2, 1983, Indiana submitted its transportation
control plans as an element in its ozone strategy for Lake and Porter
Counties. Further information was submitted on June 10, 1986.
(i) Incorporation by reference. (A) Chapter 7, Mobile Source
Strategies and Reductions, Sections A.1.a, 2, and 3 and Exhibits 7-1 and
7-3 of Indiana's 1982 ozone and carbon monoxide plan,
[[Page 525]]
as adopted by the Indiana Air Pollution Control Board at its November 2,
1983, metting.
(B) [Reserved]
(ii) Additional material. (A) On June 10, 1986, Indiana submitted a
May 23, 1986, letter from the Northwestern Indiana Regional Planning
Commission discussing the Lake and Porter Counties' transportation
control plans and their implementation.
(B) [Reserved]
(69) On December 2, 1983, Indiana submitted its ozone plan for Lake
and Porter Counties, as adopted by the Indiana Air Pollution Control
Board on November 2, 1983. On March 2, 1984, Indiana submitted as its
attainment demonstration for Lake and Porter Counties, Illinois'
attainment demonstration for the greater Chicago area. The greater
Chicago attainment demonstration, as submitted by Indiana, and Indiana's
overall ozone plan for Lake and Porter Counties is disapproved. See
Secs. 52.773(i) and 52.777(d). The disapproval does not affect USEPA's
approval (or conditional approval) of individual parts of Indiana'a
ozone plan, and they remain approved. See Sec. 52.770(c) (20), (21),
(29), (33), (38), (39), (55), (58), and (59).
(70) On February 3, 1988, and August 23, 1988, Indiana submitted its
lead plans for Quemetco, Inc., in Indianapolis; Exide Corporation in
Logansport; C and D Power System in Attica; and General Battery
Corporation in Frankfort. This included a recodification of its former
lead rule, 325 IAC 15-1 (40 CFR 52.770(c)(65)), to 326 IAC 15-1 and
revisions to this rule.
(i) Incorporation by reference.
(A) Title 326--Air Pollution Control Board--Indiana Administrative
Code (326 IAC) 15-1, Lead Emission Limitations, as published in the
Indiana Register (IR) on April 1, 1988, at 11 IR 2564.
(B) Corrections of typographical, clerical, or spelling errors to
the document printed at 11 IR 2368 (Indiana's recodified air rules,
including 326 IAC 15-1), as published on August 1, 1988, at 11 IR 3921.
(71) On March 23, 1988, Indiana submitted its SO2 plan
for Morgan County; on July 12, 1988, it submitted its SO2
plan for Floyd County, and on November 16, 1988, it submitted its
SO2 plan for Warrick County. On December 6, 1988, it
submitted its Warrick County rule as published in the Indiana Register.
These plans consist of the provisions and requirements in 326 IAC 7-1
approved or reinstated for these counties at paragraph (c)(66), and
SO2 emission limits in 326 IAC 7-1-2 applicable in these
counties (as incorporated by reference at paragraph (c)(66)(i)(C) of
this section), and the site-specific SO2 emission limits and
other requirements in 326 IAC 7-1-16 (Floyd County), 326 IAC 7-1-18
(Morgan County), and 326 IAC 7-1-17 (Warrick County).
(i) Incorporation by reference.
(A) 326 IAC 7-1-16, Floyd County Sulfur Dioxide Emission
Limitations, as published in the March 1, 1988, Indiana Register (IR) at
11 IR 1737.
(B) 326 IAC 7-1-18, Morgan County Sulfur Dioxide Emission
Limitations, as published on June 1, 1988, at 11 IR 3018.
(C) 326 IAC 7-1-17, Warrick County Sulfur Dioxide Emission
Limitations, as published on December 1, 1988, at 12 IR 553.
(72) On November 16, 1988, Indiana submitted its SO2 plan
for Dearborn County; on July 12, 1988, it submitted its SO2
plan for Gibson County; on November 16, 1988, and December 6, 1988, it
submitted its SO2 plan for Lake County, and on November 16,
1988, and December 6, 1988, it submitted its SO2 plan for
Porter County. These plans consist of the provisions and requirements in
326 IAC 7-1 approved or reinstated for these counties at paragraph
(c)(66), any SO2 emission limits in 326 IAC 7-1-2 applicable
in these counties (as incorporated by reference at paragraph
(c)(66)(i)(C) of this section, and the site-specific SO2
emission limits and other requirements in 326 IAC 7-1-20 (Dearborn
County), 326 IAC 7-1-8.1 (Lake County), 326 IAC 7-1-19 (Gibson County),
and 326 IAC 7-1-21 (Porter County).
(i) Incorporation by reference.
(A) 326 IAC 7-1-20, Dearborn County Sulfur Dioxide Emission
Limitations, as published in the August 1, 1988, Indiana Register (IR)
at 11 IR 3784.
(B) 326 IAC 7-1-19, Gibson County Sulfur Dioxide Emission
Limitations, as published on June 1, 1988, at 11 IR 3019.
[[Page 526]]
(C) 326 IAC 7-1-8.1, Lake County Sulfur Dioxide Emission
Limitations, as published on November 1, 1988, at 12 IR 262, and
corrected on December 1, 1988, at 12 IR 597.
(D) 326 IAC 7-1-21, Porter County Sulfur Dioxide Emission
Limitations, as published on November 1, 1988, at 12 IR 259, and
corrected on December 1, 1988, at 12 IR 597.
(E) 326 IAC 7-1-1, Applicability, as published on December 1, 1988,
at 12 IR 552.
(73) [Reserved]
(74) On July 23, 1987, the Indiana Department of Environmental
Management submitted to USEPA a request for a site-specific revision to
Indiana's ozone SIP. This revision consists of compliance date
extensions until November 7, 1987, for Uniroyal's two fabric coaters and
four vinyl printers at its Mishawaka plant, located in St. Joseph
County, Indiana.
(i) Incorporation by reference.
(A) Air pollution Operation Permits Numbers: U 2 33-15A, U 2 34-23,
U 2 33-14C, U 2 34-3C, U 2 33-16, U 2 33-18, Date issued December 1,
1988, and Date Expires December 1, 1990.
(75) [Reserved]
(76) On October 21, 1987, the State submitted 325 IAC 8-1.1-5,
Petition for alternative controls, which gives the provisions and
requirements for petitioning for reasonably available control technology
volatile organic compound plans. On November 16, 1988, the State
submitted this rule recodified as 326 IAC 8-1-5, Petition for site-
specific reasonably available control technology (RACT) plan.
(i) Incorporation by reference.
(A) Title 326 Air Pollution Control Board, Indiana Administration
Code (IAC) 8-1-5, Petition for site-specific reasonably available
control technology (RACT) plan, as published in the April 1, 1988,
Indiana Register, at Volume 11 IR 2530. Filed with the Secretary of
State on March 10, 1988.
(77) [Reserved]
(78) On January 18, 1989, and June 23, 1989, Indiana submitted its
revised lead plan for the HLP-Lead Plant of Hammond Lead Products, Inc.
in Hammond Indiana. Additionally, minor changes were made to Indiana's
overall lead rule, 326 IAC 15-1, Lead Emission Limitations.
(i) Incorporation by reference.
(A) Title 326--Air Pollution Control Board--Indiana Administrative
Code (326 IAC) 15-1, as published in the Indiana Register (IR) on July
1, 1989, at 1850. This rule was effective for State purposes on July 14,
1989.
(79) [Reserved]
(80) On October 15, 1987, the State submitted 325 IAC 8-2-13, Wood
Furniture and Cabinet Coating, as a portion of its 1982 ozone plan,
which gives provisions and requirements for controlling volatile organic
compound (VOC) emissions from sources located in Clark, Floyd, Lake and
Porter Counties. On November 16, 1988, the State submitted this rule
recodified as 326 IAC 8-2-12, Wood Furniture and Cabinet Coating.
(i) Incorporation by reference.
(A) Title 326 Air Pollution Control Board, Indiana Administrative
Code (IAC) 8-2-1, Applicability of rule; and 326 IAC 8-2-12, Wood
furniture and cabinet coating, as published in the April 1, 1988,
``Indiana Register'' (IR), at 11 IR 2536 and corrected on March 1, 1989,
at 12 IR 1394. Filed with the Secretary of State on March 10, 1988.
(81) On April 11, 1988, the State submitted, as a portion of its
1982 ozone plan, rules to control volatile organic compound (VOC)
emissions in Lake and Porter Counties. These rules consist of the
provisions and requirements in 326 IAC 14-1, General Provisions; 326 IAC
14-8, Emission Standards for Equipment Leaks; and 326 IAC 14-9, Emission
Limitations for Benzene from Furnace Coke Oven By-product Recovery
Plants.
(i) Incorporation by reference.
(A) Amendments to title 326, Air Pollution Control Board, Indiana
Administrative Code (IAC) 14-1 General Provisions; 326 IAC 14-8 Emission
Standards for Equipment Leaks; (Fugitive Emission Sources); and 326 IAC
14-9 Emission Limitations for Benzene from Furnace Coke Oven By-Product
Recovery Plants, as published in the June 1, 1988, Indiana Register (IR)
at 11 IR 3011. Filed with the Secretary of State on April 13, 1988.
(82) [Reserved]
[[Page 527]]
(83) On January 21, 1981, the State submitted its revised
Malfunctions Rule 325 IAC 1.1-5. On November 16, 1988, Indiana submitted
its recodified regulations. This rule was renumbered 326 IAC 1-6,
Malfunctions.
(i) Incorporation by reference. (A) Title 326 of the Indiana
Administrative Code (IAC), Rule 326 IAC 1-6: Malfunctions as published
in the April 1, 1988, Indiana Register (IR) at 11 IR 2380. Filed with
the Secretary of State on March 10, 1988.
(ii) Additional materials. (A) On July 2, 1982, the State submitted
clarifications of its intent for 325 IAC 1.1-5.
(84) On October 27, 1989, and January 19, 1990, Indiana submitted
its vehicle inspection and maintenance plan for Clark, Floyd, Lake, and
Porter Counties.
(i) Incorporation by reference. (A) Title 326, Air Pollution Control
Board, of the Indiana Administrative Code (IAC), Rule 13-1, Motor
Vehicle Inspection and Maintenance Requirements, Adopted at 13 Indiana
Register 500, effective January l, 1990.
(85) On December 2, 1983, Indiana submitted its transportation
control plan for Clark and Floyd Counties as one element in its ozone
plan for the area. Additional material was submitted on May 14, 1986.
(i) Incorporation by reference. (A) Chapter 7, Mobile Source
Strategies and Reductions, sections A.1.b and exhibits 7-2 and 7-4, as
adopted by the Indiana Air Pollution Control Board at its November 2,
1983, meeting.
(ii) Additional material. (A) On May 14, 1986, Indiana submitted an
April 23, 1986, Letter from Jim Thorne, Transportation Director,
Kentuckiana Regional Planning and Development Agency, discussing the
Clark and Floyd Counties portion of the Louisville, Kentucky
transportation control plan.
(86) On February 15, 1990, Indiana submitted an amended rule which
updates the applicable edition of the Code of Federal Regulations from
the 1987 edition to the 1988 edition.
(i) Incorporation by reference. (A) Title 326, Air Pollution Control
Board, Indiana Administrative Code (IAC) 1-1-3, References to the Code
of Federal Regulations, as published in the February 1, 1990, Indiana
Register (IR), Volume 13 at IR 867. Filed with the Secretary of State on
December 14, 1989.
(87) On October 23, 1990, and August 19, 1991, the Indiana
Department of Environmental Management submitted regulations adopted by
the Indiana Air Pollution Control Board as part of title 326 of the
Indiana Administrative Code and intended incorporation to the Indiana
ozone plan as part of the stationary source control strategy.
(i) Incorporation by reference.
(A) The following volatile organic compound rules adopted by the
Indiana Air Pollution Control Board as part of title 326 of the Indiana
Administrative Code (326 IAC) and intended to partially satisfy the
requirements of the Clean Air Act.
(1) Effective October 23, 1988: 326 IAC 8-1-.05 Coating Definition,
326 IAC 8-2-11 Fabric and Vinyl Coating.
(2) Effective February 15, 1990: 326 IAC 1-2-48 Non-Photochemically
Reactive Hydrocarbon Defined; 326 IAC 8-2-5 Paper Coating Operations.
(3) Effective May 18, 1990: 326 IAC 1-2-18.5 Cold Cleaner Degreaser
Defined; 326 IAC 1-2-21.5 Conveyorized Degreaser Defined; 326 IAC 1-2-
29.5 Freeboard Height Defined; 326 IAC 1-2-29.6 Freeboard Ratio Defined;
326 IAC 1-2-49.5 Open Top Vapor Degreaser Defined; 326 IAC 8-2-9
Miscellaneous Metal Coating Operations; 326 IAC 8-3-1 Organic Solvent
Degreasing Operations; 326 IAC 8-5-3 Synthesized Pharmaceutical
Manufacturing Operations; 326 IAC 8-5-5 Graphic Arts Operations.
(4) Effective June 8, 1990: 326 IAC 8-1-2 Compliance Methods; 326
IAC 1-2-90 Volatile Organic Compound (VOC) Definition; 326 IAC 8-1-4
Testing Procedures.
(5) Effective June 5, 1991: 326 IAC 1-2-14 Coating Line Definition;
326 IAC 8-1-1 Applicability of Rule; 326 IAC 8-1-2 Compliance Methods;
326 IAC 8-1-4 Testing Procedures; 326 IAC 8-2-1 Applicability; 326 IAC
8-3-5 Cold Cleaner Degreaser Operation and Control; 326 IAC 8-3-6 Open
Top Vapor Degreaser Operation and Control Requirements; 326 IAC 8-3-7
Conveyorized Degreaser Operation and Control; 326 IAC 8-4-8 Leaks from
Petroleum Refineries, Monitoring, Reports; 326 IAC 8-5-5 Graphic Arts
Operations.
[[Page 528]]
(88) On February 15, 1990, the Indiana Department of Environmental
Management submitted a request to revise the Indiana State
Implementation Plan by adding a site specific particulate matter
revision for Navistar International Transportation Corporation
(Navistar) gray iron foundry and engine plant in Indianapolis, Indiana.
(i) Incorporation by reference.
(A) Title 326 Air Pollution Control Board, Indiana Administrative
Code (IAC) 6-1-12 as amended, effective January 13, 1990.
(89) On July 22, 1991, as supplemented on April 18, 1994, the State
submitted regulations adopted by the Indiana Air Pollution Control Board
as part of Title 326 of the Indiana Administrative Code for
incorporation into the Indiana sulfur dioxide State Implementation Plan.
(i) Incorporation by reference.
(A) 326 Indiana Administrative Code 7-4-12.1: Gibson County sulfur
dioxide emission limitations; effective December 5, 1990. Published in
the Indiana Register, Volume 14, Number 3, December 1, 1990.
(90) On March 3, 1989, the Indiana Department of Environmental
Management submitted a request to revise the Indiana State
Implementation Plan (SIP) by adding an emission trade or bubble for
Joseph E. Seagram and Sons which is located in Lawrenceburg, Indiana.
This requested SIP revision repeals rule 326 Indiana Administrative Code
(IAC) 6-1-8, adds a new Section, 326 IAC 6-1-8.1, and amends 326 IAC 6-
1-7 to include a reference for the new Section and a recodification of
the applicable rule.
(i) Incorporation by reference. (A) Title 326 IAC 6-1-7 as published
in the Indiana Register Volume 12, Number 6, March 1, 1989, effective
April 9, 1989.
(B) Title 326, IAC 6-1-8.1, repeal of 326 IAC 6-1-8 as published in
the Indiana Register, Volume 12, Number 6, March 1, 1989, effective
March 1, 1989.
(91) On January 6, 1994, the State of Indiana submitted a requested
revision to the Indiana State Implementation Plan (SIP) intended to
satisfy the requirements of section 182(a)(3)(B) of the Clean Air Act as
amended in 1990. Included were State rules establishing procedures for
the annual reporting of emissions of volatile organic material (VOM) and
oxides of nitrogen (NOx) as well as other regulated air pollutants by
stationary sources in ozone nonattainment areas.
(i) Incorporation by reference.
(A) Title 326 of the Indiana Administrative Code (326 IAC) 2-6 which
was adopted by the Indiana Air Pollution Control Board, effective
December 13, 1993.
(92) On February 25, 1994, Indiana submitted an employee commute
option rule intended to satisfy the requirements of section 182(d)(1)(B)
of the Clean Air Act Amendments of 1990.
(i) Incorporation by reference. (A) Title 326 of the Indiana
Administrative Code, Article 19 MOBILE SOURCE RULES, Rule 1, Employee
Commute Options. Filed with the Secretary of State, October 28, 1993,
effective November 29, 1993. Published at Indiana Register, Volume 17,
Number 3, December 1, 1993.
(93) On February 25, 1994, the Indiana Department of Environmental
Management requested a revision to the Indiana State Implementation Plan
in the form of Stage II Vapor Recovery Rules as amendments to Title 326
of the Indiana Administrative Code (326 IAC) 8-1-0.5 and 8-4-6.
(i) Incorporation by reference.
(A) 326 IAC 8-1-0.5 Definitions and 8-4-6 Gasoline dispensing
facilities. Filed with the Secretary of State October 28, 1993,
effective November 29, 1993. Published at Indiana Register, Volume 17,
Number 3, December 1, 1993.
(94) On February 25, 1994, Indiana requested a revision to the State
Implementation Plan (SIP) in the form of amendments to Title 326: Air
Pollution Control Board of the Indiana Administrative Code (326 IAC) 2-
1-1 and 2-1-3 which were intended to satisfy the additional new source
review requirements of the Clean Air Act Amendments of 1990. The USEPA,
at this time, is also approving the incorporation of permitting rules
Recodified as Article 2. Permit Review Rules of 326 IAC into the SIP to
replace APC 19 which was incorporated into the Indiana SIP at 40 CFR
52.770 (c)(24).
(i) Incorporation by reference.
(A) Amendments to Title 326 IAC 2-1-1, 2-1-2, 2-1-3, 2-3-1, 2-3-2,
2-3-3, and 2-3-5. Filed with the Secretary of State
[[Page 529]]
November 12, 1993, effective December 13, 1993.
(B) Amendments to Title 326 IAC 2-1-4, 2-1-5, 2-1-6, 2-1-7, 2-1-9,
2-1-10, 2-1-11, 2-1-12, 2-1-13, 2-3-4. Filed with the Secretary of State
March 10, 1988, effective April 9, 1988.
(95) On May 22, 1994, the Indiana Department of Environmental
Management submitted a request to revise the Indiana State
Implementation Plan by adding a lead plan for Marion County which
consists of a source specific revision to Title 326 of the Indiana
Administrative Code (326 IAC) for Refined Metals.
(i) Incorporation by reference.
(A) Amendments to 326 IAC 15-1-2 Source-specific provisions. Filed
with the Secretary of State March 25, 1994. Effective April 24, 1994.
Published at Indiana Register, Volume 17, Number 8, May 1, 1994.
(96) On August 3, 1994 and February 6, 1995, the Indiana Department
of Environmental Management submitted a requested SIP revision to the
ozone plan for ozone nonattainment areas.
(i) Incorporation by reference.
(A) Indiana Administrative Code, Title 326: Air Pollution Control
Board, Article 1: General Provisions, Rule 2: Definitions, Section 22.5
``Department'' definition, Section 28.5 ``Federally enforceable''
definition, and Section 64.1 ``Reasonably available control technology''
or ``RACT'' definition. Added at 18 Indiana Register 1223-4, effective
January 21, 1995.
(B) Indiana Administrative Code, Title 326: Air Pollution Control
Board, Article 8: Volatile Organic Compound Rules, Rule 7: Specific VOC
Reduction Requirements for Lake, Porter, Clark, and Floyd Counties.
Added at 18 Indiana Register 1224-9, effective January 21, 1995.
(97) On October 25, 1994, the Indiana Department of Environmental
Management requested a revision to the Indiana State Implementation Plan
in the form of revisions to State Operating Permit Rules intended to
satisfy Federal requirements for issuing federally enforceable State
operating permits (FESOP) and thereby exempt certain small emission
sources from review under the State's title V operating permit program.
This FESOP rule is also approved for the purpose of providing federally
enforceable emissions limits on hazardous air pollutants listed under
section 112(b) of the Clean Air Act. This revision took the form of an
amendment to Title 326: Air Pollution Control Board of the Indiana
Administrative Code (326 IAC) 2-8 Federally Enforceable State Operating
Permit Program.
(i) Incorporation by reference. 326 IAC 2-8 Federally Enforceable
State Operating Permit Program. Sections 1 through 17. Filed with the
Secretary of State May 25, 1994. Effective June 24, 1994. Published at
Indiana Register, Volume 17, Number 10, July 1, 1994.
(98) On October 25, 1994, the Indiana Department of Environmental
Management requested a revision to the Indiana State Implementation Plan
in the form of revisions to State Operating Permit Rules intended to
allow State permitting authorities the option of integrating
requirements determined during preconstruction permit review with those
required under title V. The State's Enhanced New Source Review
provisions are codified at Title 326: Air Pollution Control Board (326
IAC) 2-1-3.2 Enhanced New Source Review.
(i) Incorporation by reference. 326 IAC 2-1-3.2 Enhanced new source
review. Filed with the Secretary of State May 25, 1994. Effective June
24, 1994. Published at Indiana Register, Volume 17, Number 10, July 1,
1994.
(99) On June 16, 1993, December 9, 1993, September 8, 1994, and
November 17, 1994, Indiana submitted a part D particulate matter (PM)
nonattainment area plan for the Lake County moderate nonattainment area.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 1: General Provisions, Rule 2: Definitions, Section 32.1:
``Gooseneck cap'' definition, Section 34.1: ``Jumper pipe'' definition,
Section 62.1: ``Quench car'' definition, Section 63.1: ``Quench
reservoir'' definition, and Section 63.2: ``Quench tower'' definition.
Added at 16 Indiana Register 2363, effective June 11, 1993.
(B) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 5: Opacity Regulations, Rule 1:
[[Page 530]]
Opacity Limitations, Section 1: Applicability of rule, Section 2:
Visible emissions limitations, Section 3: Temporary exemptions, Section
4: Compliance determination, Section 5: Violations, and Section 7: State
implementation plan revisions. Amended at 16 Indiana Register 2363,
effective June 11, 1993.
(C) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 6: Particulate Rules, Rule 1: Nonattainment Area
Limitations, Opacity Limitations, Section 10.1: Lake County PM10
emissions requirements (subsections a through k), Section 10.2: Lake
County PM10 coke battery emissions requirements, and Section 11.1: Lake
County fugitive particulate matter control requirements. Added at 16
Indiana Register 2363, effective June 11, 1993.
(D) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 11: Emissions Limitations for Specific Types of
Operations, Rule 3: Coke Oven Batteries, Section 2: Emissions
limitations (subsections a through f, and i), and Section 4: Compliance
determination. Amended at 16 Indiana Register 2363, effective June 11,
1993.
(100) On August 25, 1995, Indiana submitted a regulation which bans
residential open burning in Clark, Floyd, Lake, and Porter Counties in
Indiana. The regulation allows residential open burning, with certain
restrictions, in other parts of the State, and describes other types of
open burning which are allowed in Indiana.
(i) Incorporation by reference.
(A) Indiana Administrative Code Title 326: Air Pollution Control
Board, Article 4: Burning Regulations, Rule 1: Open Burning, Section 3:
Exemptions. Added at 18 In. Reg. 2408 Effective June 23, 1995.
(101) On August 25, 1995, Indiana submitted a regulation which
reduced the maximum allowable volatility for gasoline sold in Clark and
Floyd Counties to 7.8 psi during the summer control period. The summer
control period is June 1, to September 15, for retail outlets and
wholesale customers, and May 1, to September 15, for all others.
(i) Incorporation by reference. 326 Indiana Administrative Code 13-3
Control of Gasoline Reid Vapor Pressure. Sections 1 through 7. Finally
adopted by the Indiana Air Pollution Control Board January 11, 1995.
Signed by the Secretary of State July 6, 1995. Effective August 5, 1995.
Published at Indiana Register, Volume 18, Number 11, August 1, 1995.
(102) On June 6, 1995, and on September 28, 1995 the Indiana
Department of Environmental Management submitted State Implementation
Plan (SIP) revisions establishing an enhanced inspection and maintenance
(I/M) program in accordance with the requirements of the Clean Air Act
as amended in 1990. The new enhanced I/M program replaces the basic I/M
programs in operation in Lake, Porter, Clark, and Floyd Counties. The
Air Pollution Control Board adopted new rule 326 IAC 13-1.1 and repealed
existing 326 IAC 13-1, thereby putting in place a revised I/M program.
(i) Incorporation by reference.
(A) 326 Indiana Administrative Code 13-1.1 adopted April 5, 1995,
effective October 1, 1995.
(ii) Other material.
(A) June 6, 1995 letter and enclosures from the Indiana Department
of Environmental Management (IDEM) Commissioner to the Regional
Administrator of the United States Environmental Protection Agency
(USEPA) submitting Indiana's revision to the ozone State Implementation
Plan (SIP).
(B) September 28, 1995 letter and enclosures from the IDEM Assistant
Commissioner to the Regional Administrator of USEPA submitting
supplemental vehicle inspection and maintenance SIP revision information
and documentation.
(103) On August 25, 1995, the State submitted regulations adopted by
the Indiana Air Pollution Control Board as part of title 326 of the
Indiana Administrative Code for incorporation into the Indiana sulfur
dioxide State Implementation Plan.
(i) Incorporation by reference.
(A) 326 Indiana Administrative Code 7-4-13(3); Dearborn County
sulfur dioxide emission limitations; effective May 18, 1995. Published
in the Indiana Register, Volume 18, Number 9, June 1, 1995.
[[Page 531]]
(104) On December 20, 1995, and February 14, 1996, Indiana submitted
a Clean-Fuel Fleet Program for Lake and Porter Counties as a revision to
the State Implementation Plan.
(i) Incorporation by reference. 326 Indiana Administrative Code 19-3
Clean Fuel Fleet Vehicles, Sections 1 through 7. Adopted by the Indiana
Air Pollution Control Board October 4, 1995. Signed by the Secretary of
State December 19, 1995. Effective January 18, 1996. Published at
Indiana Register, Volume 19, Number 5, February 1, 1996.
(105) On October 25, 1994, the Indiana Department of Environmental
Management submitted a requested revision to the Indiana State
Implementation Plan in the form of Source Specific Operating Agreement
(SSOA) regulations. The SSOA regulations are intended to limit the
potential to emit for a source to below the threshold level of Title V
of the Clean Air Act. This revision took the form of an amendment to
title 326: Air Pollution Control Board of the Indiana Administrative
Code (326 IAC) 2-9-1, 2-9-2(a), 2-9-2(b), and 2-9-2(e) Source Specific
Operating Agreement Program.
(i) Incorporation by reference. 326 Indiana Administrative Code 2-9.
Sections 1, 2(a), 2(b), and 2(e). Adopted by the Indiana Air Pollution
Control Board March 10, 1994. Signed by the Secretary of State May 25,
1994. Effective June 24, 1994. Published at Indiana Register, Volume 17,
Number 10, July 1, 1994.
(106) On September 19, 1995, and November 8, 1995, Indiana submitted
automobile and mobile equipment refinishing rules for Clark, Floyd,
Lake, and Porter Counties as a revision to the State Implementation
Plan. This rule requires suppliers and refinishers to meet volatile
organic compound content limits or equivalent control measures for
coatings used in automobile and mobile equipment refinishing operations
in the four counties, as well as establishing certain coating applicator
and equipment cleaning requirements.
(i) Incorporation by reference. 326 Indiana Administrative Code 8-
10: Automobile refinishing, Section 1: Applicability, Section 2:
Definitions, Section 3: Requirements, Section 4: Means to limit volatile
organic compound emissions, Section 5: Work practice standards, Section
6: Compliance procedures, Section 7: Test procedures, Section 8: Control
system operation, maintenance, and monitoring, and Section 9: Record
keeping and reporting. Adopted by the Indiana Air Pollution Control
Board June 7, 1995. Filed with the Secretary of State October 3, 1995.
Published at Indiana Register, Volume 19, Number 2, November 1, 1995.
Effective November 2, 1995.
(107) On August 8, 1995, Indiana submitted a site specific SIP
revision request for Richmond Power and Light in Wayne County Indiana.
The submitted revisions provide for revised particulate matter and
opacity limitations on the number 1 and number 2 coal fired boilers at
Richmond Power and Light's Whitewater Generating Station. The revisions
also allow for time weighted averaging of stack test results at Richmond
Power and Light to account for soot blowing. Indiana is making revisions
to 326 IAC 3-2-1, which currently allows Indiana to authorize
alternative emission test methods for Richmond Power and Light. Until
the rule is revised to remove this authority, and approved by the United
States Environmental Protection Agency, no alternate emission test
method, changes in test procedures or alternate operating load levels
during testing is to be granted to Richmond Power and Light.
(i) Incorporation by reference. Indiana Administrative Code Title
326: Air Pollution Control Board, Article 3: Monitoring Requirements,
Rule 2.1: Source Sampling Procedures, Section 5: Specific Testing
Procedures; Particulate Matter; Sulfur Dioxide; Nitrogen Oxides;
Volatile Organic Compounds; Article 5: Opacity Regulations, Rule 1:
Opacity Limitations, Section 2: Visible Emission Limitations; and
Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations,
Section 14: Wayne County. Added at 18 In. Reg. 2725. Effective July 15,
1995.
(ii) Additional Information. (A) August 8, 1995 letter from the
Indiana Department of Environmental Management to USEPA Region 5
regarding submittal of a state implementation plan revision for Richmond
Power and Light.
[[Page 532]]
(108) On August 29, 1995, Indiana submitted a site specific SIP
revision request for Allison Engine Company in Marion County, Indiana.
The revision provides limits of 0 tons per year for boilers 2 and 11,
which have shut down. The hourly mass limits remain unchanged at 0.337
pounds per million British Thermal Units (lbs/MMBTU) for boilers 1-4 of
plant 5, 0.15 lbs/MMBTU for boilers 3-6 of plant 8, and 0.15 lbs/MMBTU
for boilers 7-10 of plant 8. The rule provides for a combined limit of
130.0 tons per year for the boilers mentioned above, as well as new
limits on the types and amounts of fuel which may be burned at the
boilers, and a recordkeeping requirement to document compliance.
(i) Incorporation by reference. Indiana Administrative Code Title
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1:
Nonattainment Area Limitations, Section 12: Marion County. Added at 19
In. Reg. 186. Effective November 3, 1995.
(109) On October 25, 1994, and April 29, 1997, the Indiana
Department of Environmental Management requested a revision to the
Indiana State Implementation Plan in the form of revisions to the
General Provisions and Permit Review Rules intended to update and add
regulations which have been effected by recent SIP revisions, and to
change regulations for streamlining purposes. This revision took the
form of an amendment to Title 326: Air Pollution Control Board of the
Indiana Administrative Code (326 IAC) 1-1 Provisions Applicable
Throughout Title 326, 1-2 Definitions, 1-6 Malfunctions, 2-1
Construction and Operating Permit Requirements.
(i) Incorporation by reference. 326 IAC 1-1-2 and 1-1-3. 326 IAC 1-
2-2, 1-2-4, 1-2-12, 1-2-33.1, and 1-2-33.2. 326 IAC 1-6-1. 326 IAC 2-1-
1, 2-1-3, and 2-1-10. Adopted by the Indiana Air Pollution Control Board
March 10, 1994. Filed with the Secretary of State May 25, 1994.
Effective June 24, 1994. Published at Indiana Register, Volume 17,
Number 10, July 1, 1994.
(110) On November 21, 1995, and February 14, 1996, Indiana submitted
Municipal Solid Waste (MSW) Landfill rules for Clark, Floyd, Lake, and
Porter Counties as a revision to the State Implementation Plan. This
rule requires MSW landfills that emit greater than fifty-five tons per
day of non-methane organic compound, or that have a minimum design
capacity of one hundred eleven thousand tons (one hundred thousand
megagrams) of solid waste, to install a landfill gas collection and
control system that either incinerates the gas or recovers the gas for
energy use.
(i) Incorporation by reference. 326 Indiana Administrative Code 8-8
Municipal Solid Waste Landfills, Section 1 Applicability, Section 2
Definitions, Section 3 Requirements; incorporation by reference of
federal standards, Section 4 Compliance deadlines. Adopted by the
Indiana Air Pollution Control Board July 12, 1995. Filed with the
Secretary of State December 19, 1995. Published at Indiana Register,
Volume 19, Number 5, February 1, 1996. Effective January 18, 1996.
(111) On November 21, 1995, and February 14, 1996, Indiana submitted
a rule for the control of volatile organic compound emissions from
volatile organic liquid storage operations in Clark, Floyd, Lake, and
Porter Counties.
(i) Incorporation by reference. 326 Indiana Administrative Code 8-9:
Volatile Organic Liquid Storage Vessels, Section 1: Applicability,
Section 2: Exemptions, Section 3: Definitions, Section 4: Standards,
Section 5: Testing and procedures, Section 6: Record keeping and
reporting requirements. Adopted by the Indiana Air Pollution Control
Board May 3, 1995. Filed with the Secretary of State December 19, 1995.
Published at Indiana Register, Volume 19, Number 5, February 1, 1996.
Effective January 18, 1996.
(112) [Reserved]
(113) On February 13, 1996, and June 27, 1996, Indiana submitted
rules for the control of volatile organic compound emissions from
shipbuilding and ship repair operations in Clark, Floyd, Lake, and
Porter Counties as a revision to the State Implementation Plan.
(i) Incorporation by reference. 326 Indiana Administrative Code 8-
12: Shipbuilding or Ship Repair operations in Clark, Floyd, Lake, and
Porter Counties, Section 1: Applicability, Section 2: Exemptions,
Section 3: Definitions, Section 4: Volatile organic compound
[[Page 533]]
emissions limiting requirements, Section 5: Compliance requirements,
Section 6: Test methods and procedures, and Section 7: Record keeping,
notification, and reporting requirements. Adopted by the Indiana Air
Pollution Control Board September 6, 1995. Filed with the Secretary of
State April 1, 1996. Published at Indiana Register, Volume 19, Number 8,
May 1, 1996. Effective May 1, 1996.
(114) On November 21, 1995, and February 14, 1996, Indiana submitted
regulations for wood furniture coating operations in Clark, Floyd, Lake,
and Porter Counties as a revision to the State Implementation Plan for
ozone.
(i) Incorporation by reference. 326 Indiana Administrative Code 8-11
Wood Furniture Coatings, Section 1 Applicability, Section 2 Definitions,
Section 3 Emission limits, Section 4 Work practice standards, Section 5
Continuous compliance plan, Section 6 Compliance procedures and
monitoring requirements, Section 7 Test procedures, Section 8
Recordkeeping requirements, Section 9 Reporting requirements, Section 10
Provisions for sources electing to use emission averaging. Adopted by
the Indiana Air Pollution Control Board May 3, 1995. Filed with the
Secretary of State December 5, 1996. Published at Indiana Register,
Volume 19, Number 5, February 1, 1996. Effective January 4, 1996.
(115) [Reserved]
(116) On September 20, 1996 the Indiana Department of Environmental
Management submitted a request to revise the Indiana State
Implementation Plan by adding parachlorobenzotrifluoride (PCBTF),
cyclic, branched or linear completely methylated siloxanes and acetone
to the definition of ``nonphotochemically reactive hydrocarbon,'' and by
deleting ``vegetable oil'' from a list of compounds not considered to be
volatile organic compounds (VOC) from the definition of VOC (thus
including ``vegetable oil'' as a ``VOC'').
(i) Incorporation by reference.
(A) 326 IAC 1-2-48 ``nonphotochemically reactive hydrocarbon''.
Sections 48(a)(22) ``parachlorobenzotrifluoride'' and (23) ``cyclic,
branched, or linear completely methylated siloxanes.'' 326 IAC 1-2-90
``volatile organic compound (VOC)'' definition. Section 90. Published in
Indiana Register, Volume 19, Number 1, October 1, 1995, page 29. Filed
with the Secretary of State September 5, 1995, effective October 5,
1995.
(B) 326 IAC 1-2-48 ``nonphotochemically reactive hydrocarbon.''
Section 48(a)(24) ``acetone'' (CAS Number 67-64-1). Published in Indiana
Register, Volume 19, Number 10, July 1, 1996, page 2856. Filed with the
Secretary of State, May 13, 1996, effective June 12, 1996.
(117) [Reserved]
(118) On July 12, 1995, Indiana submitted as a revision to the State
Implementation Plan construction permits CP 019-2110, CP 019-2696, and
CP 019-4362, issued under Indiana rule 326 IAC 2-1. The permits
establish volatile organic compound control requirements for Rhodes
Incorporated's heatset web offset printing presses.
(i) Incorporation by reference. Construction Permit CP 019-2110,
issued and effective October 15, 1991; Construction Permit CP 019-2696,
issued and effective December 18, 1992; Construction permit CP 019-4362,
issued and effective April 21, 1995.1
(119) Approval--On October 2, 1996, the State of Indiana submitted a
State Implementation Plan revision request to eliminate references to
total suspended particulates (TSP) while maintaining the existing
opacity requirements. The SIP revision became effective July 19, 1996.
The SIP revision request satisfies all applicable requirements of the
Clean Air Act.
(i) Incorporation by reference. 326 Indiana Administrative Code 5-1:
Opacity Limitations, Section 1: Applicability of Rule, Section 2:
Visible emission limitations. Adopted by the Indiana Air Pollution
Control Board April 3, 1996. Filed with the Secretary of State June 19,
1996. Published at the Indiana Register, Volume 19, Number 11, August 1,
1996 (19 IR 3049). Effective July 19, 1996.
(120) On August 26, 1996, Indiana submitted a rule requiring an
oxides of nitrogen (NOX) reasonably available control
technology (RACT) rule for the Clark and Floyd Counties moderate ozone
nonattainment area as a revision to the State Implementation Plan.
[[Page 534]]
(i) Incorporation by reference. 326 Indiana Administrative Code 10:
Nitrogen Oxides Rules. Rule 1: Nitrogen Oxides Control in Clark and
Floyd Counties. Section 1: Applicability, Section 2: Definitions,
Section 3: Requirements, Section 4: Emission limits, Section 5:
Compliance procedures, Section 6: Emissions monitoring, and Section 7:
Certification, record keeping, and reports. Adopted by the Indiana Air
Pollution Control Board February 7, 1996. Filed with the Secretary of
State May 13, 1996. Published at Indiana Register, Volume 19, Number 10,
July 1, 1996. Effective June 12, 1996.
(121) On January 23, 1997, the Indiana Department of Environmental
Management submitted a revision to the State Implementation Plan (SIP)
for the general conformity rules. The general conformity SIP revision
enables the State of Indiana to implement and enforce the Federal
general conformity requirements in the nonattainment and maintenance
areas at the State and local level in accordance with 40 CFR part 51,
subpart W--Determining Conformity of General Federal Actions to State or
Federal Implementation Plans.
(i) Incorporation by reference. 326 Indiana Administrative Code 16-
3: General Conformity, Section 1: Applicability; incorporation by
reference of Federal standards. Adopted by the Indiana Air Pollution
Control Board April 3, 1996. Filed with the Secretary of State June 6,
1996. Published at the Indiana Register, Volume 19, Number 11, August 1,
1996 (19 IR 3050). Effective July 6, 1996.
(122) On July 24, 1997, Indiana submitted rules requiring record
keeping and reporting requirements for graphic arts sources of volatile
organic compounds and amended source applicability requirements for
graphic arts sources located in Lake and Porter Counties as a revision
to the State Implementation Plan.
(i) Incorporation by reference.
(A) 326 IAC 8-1-9 General record keeping and reporting requirements.
326 IAC 8-1-10 Compliance certification, record keeping, and reporting
requirements for certain coating facilities using compliant coatings.
326 IAC 8-1-11 Compliance certification, record keeping, and reporting
requirements for certain coating facilities using daily weighted
averaging. 326 IAC 8-1-12 Compliance certification, record keeping, and
reporting requirements for certain coating facilities using control
devices. Adopted by the Indiana Air Pollution Control Board November 6,
1996. Filed with the Secretary of State April 22, 1997. Published at
Indiana Register, Volume 20, Number 9, June 1, 1997. Effective May 22,
1997.
(B) 326 IAC 8-5-5 Graphic arts operations. Adopted by the Indiana
Air Pollution Control Board November 6, 1996. Filed with the Secretary
of State April 22, 1997. Published at Indiana Register, Volume 20,
Number 9, June 1, 1997. Effective May 22, 1997.
(123) On July 9, 1997, Indiana submitted a site specific SIP
revision request for the University of Notre Dame in Saint Joseph
County, Indiana. The submitted revision amends 326 IAC 6-1-18, and
provides for revised particulate matter and heat input limitations on
the five boilers at Notre Dame's power plant.
(i) Incorporation by reference. Indiana Administrative Code Title
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1:
Nonattainment Area Limitations, Section 18: St. Joseph County. Added at
20 In. Reg. 2299. Effective May 22, 1997.
(124) On February 3, 1999, and May 17, 2000, Indiana submitted
revised particulate matter emissions regulations for Allison
Transmission in Marion County, Indiana. The submittal amends 326 IAC 6-
1-12, and includes the combination of annual emissions limits for 5
boilers into one overall limit as well as new recordkeeping
requirements.
(i) Incorporation by reference.
Emissions limits and recordkeeping requirements for Allison
Transmission in Marion County contained in Indiana Administrative Code
Title 326: Air Pollution Control Board, Article 6: Particulate Rules,
Rule 1: Nonattainment Area Limitations, Section 12: Marion County. Added
at 22 In. Reg. 416. Effective October 16, 1998.
(125) On April 6, 1999, Indiana submitted amended rules for the
control of volatile organic compound emissions from vehicle refueling in
Clark, Floyd, Lake, and Porter Counties as a revision to the State
Implementation Plan.
[[Page 535]]
(i) Incorporation by reference.
326 Indiana Administrative Code 8-1: General Provisions, Section
0.5: Definitions and 326 Indiana Administrative Code 8-4: Petroleum
Sources, Section 6: Gasoline Dispensing Facilities. Adopted by the
Indiana Air Pollution Control Board May 3, 1995. Filed with the
Secretary of State September 18, 1995. Published at Indiana Register,
Volume 19, Number 2, November 1, 1995. Effective October 18, 1995.
(126) On August 18, 1999, Indiana submitted amendments to the
State's automobile refinishing rule for Lake, Porter, Clark, and Floyd
Counties.
(i) Incorporation by reference.
326 Indiana Administrative Code 8-10: Automobile Refinishing,
Section 1: Applicability, Section 5: Work practice standards, Section 6:
Compliance procedures, Section 9: Recordkeeping and reporting. Adopted
by the Indiana Air Pollution Control Board February 4, 1998. Filed with
the Secretary of State July 14, 1998. Published at Indiana Register,
Volume 21, Number 12, page 4518, September 1, 1998. Effective August 13,
1998.
(127) On August 18, 1999, Indiana submitted rules for controlling
Volatile Organic Compound (VOC) emissions in Vanderburgh County. The
rules contain control requirements for Stage I gasoline vapor recovery
equipment, and a requirement for automobile refinishers to use special
coating application equipment (automobile refinishing spray guns) to
reduce VOC.
(i) Incorporation by reference.
(A) 326 Indiana Administrative Code 8-4: Petroleum Sources, Section
1: Applicability, Subsection (c). Adopted by the Indiana Air Pollution
Control Board November 4, 1998. Filed with the Secretary of State April
23, 1999. Published at Indiana Register, Volume 22, Number 9, June 1,
1999. Effective May 23, 1999.
(B) 326 Indiana Administrative Code 8-10: Automobile Refinishing,
Section 1: Applicability, Section 3: Requirements. Adopted by the
Indiana Air Pollution Control Board November 4, 1998. Filed with the
Secretary of State April 23, 1999. Published at Indiana Register, Volume
22, Number 9, June 1, 1999. Effective May 23, 1999.
(128) [Reserved]
(129) On May 18, 1999, the Indiana Department of Environmental
Management submitted revised site-specific lead emission limits for
Hammond Group--Halstab Division located in Hammond (Lake County),
Indiana. The revised emission limits are expressed as pounds-per-hour
limits ranging from 0.04 to 0.07 applicable to sixteen separate
emissions points. The revised emission limits will result in the
reduction of total allowable lead emissions from 31,546 pounds per year
as provided for in the current federally-approved State Implementation
Plan to 6,832.8 pounds per year.
(i) Incorporation by reference.
(A) Indiana Administrative Code 326: Air Pollution Control Board,
Article 15 Lead, Rule 1 Lead Emissions Limitations, Section 2--Source
Specific Provisions, subsection (a), subdivision 7, clauses (A) through
(G). Amended at 22 Indiana Register 1427, effective February 5, 1999.
(130) On February 3, 1999, Indiana submitted a site specific SIP
revision request for the Central Soya Company, Incorporated, Marion
County, Indiana. The submitted revision amends 326 IAC 6-1-12(a), and
provides for revised particulate matter emission totals for a number of
source operations at the plant. The revision reflects the closure of
nine operations and the addition of five new ones, resulting in a net
reduction in particulate matter emissions.
(i) Incorporation by reference. The entry for Central Soya Company,
Incorporated contained in Indiana Administrative Code Title 326: Air
Pollution Control Board, Article 6: Particulate Rules, Rule 1:
Nonattainment Area Limitations, Section 12: Marion County. Subsection
(a) amended at 22, Indiana Register 416, effective October 16, 1998.
(131) On April 6, 1999, Indiana submitted rules for the control of
volatile organic compound emissions from steel mill sinter plant
operations in Lake and Porter Counties as a revision to the State
Implementation Plan.
(i) Incorporation by reference.
326 Indiana Administrative Code 8-13: Sinter Plants. Adopted by the
Indiana Air Pollution Control Board March 4, 1998. Filed with the
Secretary of State
[[Page 536]]
June 24, 1998. Published at Indiana Register, Volume 21, Number 11,
August 1, 1998. Effective July 24, 1998.
(132) On February 3, 1999, Indiana submitted revised particulate
matter emissions regulations for Dubois County, Indiana. The submitted
revision amends 326 IAC 6-1-9, and includes relaxation of some PM
limits, the elimination of limits for boilers which are no longer
operating, updated facility names, and changes to boiler fuel types.
(i) Incorporation by reference. Indiana Administrative Code Title
326: Air Pollution Control Board, Article 6: Particulate Rules, Rule 1:
Nonattainment Area Limitations, Section 9: Dubois County. Added at 22
In. Reg. 423. Effective October 18, 1998.
(133) On November 22, 1999, Indiana submitted revised particulate
matter emissions regulations for Indianapolis Power and Light Company in
Marion County, Indiana. The submittal amends 326 IAC 6-1-12, and
includes relaxation of some PM limits, tightening of other limits, and
the elimination of limits for several boilers which are no longer
operating. The revisions also include the combination of annual
emissions limits for several boilers, and correction of a typographical
error in one limit.
(i) Incorporation by reference. Emissions limits for Indianapolis
Power and Light in Marion County contained in Indiana Administrative
Code Title 326: Air Pollution Control Board, Article 6: Particulate
Rules, Rule 1: Nonattainment Area Limitations, Section 12: Marion
County, subsection (a). Added at 22 In. Reg. 2857. Effective May 27,
1999.
(134) On February 3, 1999, the State of Indiana submitted a revision
to particulate matter limitations for the Lever Brothers facility in
Lake County. On December 28, 1999, Indiana submitted revisions to
particulate matter and sulfur dioxide limitations for NIPSCo's Dean
Mitchell Station.
(i) Incorporation by reference.
(A) Title 326 of the Indiana Administrative Code (326 IAC) 6-1-10.1
(d)(28) and (d)(33), filed with the Secretary of State on May 13, 1999,
effective June 12, 1999. Published at Indiana Register Volume 22, Number
10, July 1, 1999 (22 IR 3047).
(B) Title 326 of the Indiana Administrative Code (326 IAC) 7-4-1.1
(c)(17), filed with the Secretary of State on May 13, 1999, effective
June 12, 1999. Published at Indiana Register Volume 22, Number 10, July
1, 1999 (22 IR 3070).
(135) On January 1, 2000, Indiana submitted revised opacity limits
for three processes at ALCOA Warrick Operations. The revised limits
allow higher opacity emissions during fluxing operations at three
casting complexes. This action does not change mass emissions limits for
these sources.
(i) Incorporation by reference.
(A) Modifications to Operating Permits OP 87-07-91-0112 thru 0116:
Permit I.D. 173-10913, Issued on October 1, 1999, to ALCOA, Inc.--
Warrick Operations. Effective October 1, 1999.
(B) Modifications to Operating Permit OP 87-07-91-0113: Permit I.D.
173-11414, Issued on December 15, 1999, to ALCOA, Inc.--Warrick
Operations. Effective December 15, 1999.
(136) On August 30, 1999, and May 17, 2000, Indiana submitted
revised particulate matter and sulfur dioxide emissions regulations for
National Starch in Marion County, Indiana. The submittal amends 326 IAC
6-1-12, and includes elimination of shut down sources from the rules,
increases in some limits, and a decrease in one limit.
(i) Incorporation by reference.
(a) Emissions limits for National Starch in Marion County contained
in Indiana Administrative Code Title 326: Air Pollution Control Board,
Article 6: Particulate Rules, Rule 1: Nonattainment Area Limitations,
Section 12: Marion County. Added at 22 In. Reg. 1953. Effective March
11, 1999.
(b) Emissions limits for National Starch in Marion County contained
in Indiana Administrative Code Title 326: Air Pollution Control Board,
Article 7: Sulfur Dioxide Rules, Rule 4: Emission Limitations and
Requirements by County, Section 2: Marion County Sulfur Dioxide Emission
Limitations. Added at 22 In. Reg. 1953. Effective March 11, 1999.
[37 FR 10863, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.770, see the List of CFR
[[Page 537]]
Sections Affected, which appears in the Finding Aids section of the
printed volume and on GPO Access.
Effective Date Note 1: At 66 FR 29491 and 29495, May 31, 2001,
Sec. 52.770 was amended by adding paragraphs (c)(138) and (c)(139),
effective July 30, 2001. For the convenience of the user, the added text
follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(138) On August 2, 2000, Indiana submitted revised total suspended
particulate emissions regulations for Illinois Cereal Mills,
Incorporated in Marion County, Indiana. The submittal amends 326 IAC 6-
1-12(a). It includes an increase in the annual particulate matter limit
from 0.7 tons per year (TPY) to 1.0 TPY for a boiler and a decrease in
the annual limit from 6.3 TPY to 6.0 TPY for a grain elevator.
(i) Incorporation by reference.
Emissions limits for Illinois Cereal Mills, Incorporated in Marion
County contained in Indiana Administrative Code Title 326: Air Pollution
Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area
Limitations, Section 12: Marion County, subsection (a). Filed with the
Secretary of State on May 26, 2000 and effective on June 25, 2000.
Published in 23 Indiana Register 2414 on July 1, 2000.
* * * * *
(139) On December 30, 1999, Indiana submitted revised total
suspended particulate emissions regulations for Johns Manville
Corporation in Wayne County. The submittal appends 326 IAC 6-1-14. It
includes raising seven long-term emissions limits, lowering one short-
term limit, removing one emissions source, and a name change for the
company. The long-term limits are being raised to allow to facility to
operate 8760 hours annually. Switching fuel for a boiler allows its
short-term limit to be decreased. One emissions source was removed from
this facility. The Johns Manville, Wayne County, facility was formerly
known as Schuller International, Incorporated.
(i) Incorporation by reference.
Emissions limits for Johns Manville Corporation in Wayne County
contained in Indiana Administrative Code Title 326: Air Pollution
Control Board, Article 6: Particulate Rules, Rule 1: Non-attainment Area
Limitations, Section 14: Wayne County. Filed with the Secretary of State
on September 24, 1999, and effective on October 24, 1999. Published in
23 Indiana Register 301 on November 1, 1999.
Effective Date Note 2: At 66 FR 31552, June 12, 2001, Sec. 52.770
was amended by adding paragraph (c)(140), effective Aug. 13, 2001. For
the convenience of the user, the added text follows:
Sec. 52.770 Identification of plan.
* * * * *
(c) * * *
(140) On August 31, 2000, Indiana submitted revised particulate
matter emissions regulations for Rolls-Royce Allison in Marion County,
Indiana. The submittal amends 326 IAC 6-1-12(a). It includes a name
change for the company from the Allison Engine Company to Rolls-Royce
Allison and the addition of an alternate fuel, landfill gas. Landfill
gas can be used in boilers 1 through 4 of plant 5 and boilers 3, 4, and
7 through 10 of plant 8. These state implementation plan revisions do
not change the particulate matter emissions limits.
(i) Incorporated by reference. Amendments to Indiana Administrative
Code Title 326: Air Pollution Control Board, Article 6: Particulate
Rules, Rule 1: Non-attainment Area Limitations, Section 12: Marion
County, subsection (a). Filed with the Secretary of State on May 26,
2000 and effective on June 25, 2000. Published in 23 Indiana Register
2419 on July 1, 2000.
Sec. 52.771 Classification of regions.
(a) The Indiana 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)
----------------------------------------------------------------------------------------------------------------
East Central Indiana Intrastate...................... II II III III III
Evansville (Indiana)-Owensboro-Henderson (Kentucky) I II III III III
Interstate..........................................
Louisville Interstate................................ I I III III I
Metropolitan Chicago Interstate (Indiana-Illinois)... I I I I I
Metropolitan Cincinnati Interstate................... I II III III I
Metropolitan Indianapolis Intrastate................. I I I I I
Northeast Indiana Intrastate......................... II III III III III
South Bend-Elkhart (Indiana)-Benton Harbor (Michigan) I IA III III III
Interstate..........................................
[[Page 538]]
Southern Indiana Intrastate.......................... IA IA III III III
Wabash Valley Intrastate............................. I I III III III
----------------------------------------------------------------------------------------------------------------
(b) The requirements of Sec. 51.150 of this chapter are not met by
the classification of counties in APC-22 for the purposes of attainment
and maintenance of the total suspended particulate ambient air quality
standards.
(c) The requirements of Sec. 51.150 of this chapter are not met by
the classification of counties in APC-22 for the purposes of attainment
and maintenance of the photochemical oxidant (hydrocarbon) ambient air
quality standards.
(d) The requirements of Sec. 51.150 of this chapter are not met by
the classification of Jefferson, LaPorte, Porter, Vigo and Warrick
Counties in Indiana in Regulation APC-22 for the purposes of attainment
and maintenance of the sulfur dioxide ambient air quality standards.
[37 FR 10863, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 40
FR 50033, Oct. 28, 1975; 41 FR 35677, Aug. 24, 1976; 42 FR 34519, July
6, 1977; 51 FR 40675, Nov. 7, 1986]
Sec. 52.772 [Reserved]
Sec. 52.773 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Indiana's plan for attainment and maintenance of the National
Ambient Air Quality Standards under section 110 of the Clean Air Act.
(b) [Reserved]
(c) The Administrator finds that Indiana's new source review
strategy satisfies all requirements of Part D, Title 1 of the Clean Air
Act as amended in 1977.
(d)-(e) [Reserved]
(f) The Administrator finds ozone strategies for Clark, Elkhart,
Floyd, Lake, Marion, Porter, and St. Joseph Counties satisfy all
requirements of Part D, Title I of the Clean Air Act that are required
to be submitted by January 1, 1981, except as noted below.
(g) The administrator finds that the total suspended particulate
strategies for Clark, Dearborn, Dubois, St. Joseph, Vanderburgh, and
Vigo Counties satisfy all the requirements of Part D, Title I of the
Clean Air Act except as noted below.
(h) The Administrator finds that the SO2 strategies for
Lake, LaPorte, Marion, Vigo, and Wayne Counties satisfy all requirements
of Part D, Title 1 of the Clean Air Act, as amended in 1977. See
Sec. 52.770 (c)(67) and (c)(72).
(i) The Administrator finds that Indiana's ozone plan for Lake and
Porter Counties, which was required to be submitted by July 1, 1992,
does not satisfy all the requirements of part D, title 1 of the Clean
Air Act and, thus, is disapproved. See Secs. 52.770(c)(69)and 52.770(d).
The disapproval does not affect USEPA's approval (or conditional
approval) of individual parts of Indiana's ozone plan and they remain
approved.
(j) The Administrator finds that the following portions of Indiana's
ozone and CO plans satisfy the related requirements of part D, title 1
of the Clean Air Act, as amended in 1977:
(1) The transportation control plans for Lake, Porter, Clark and
Floyd Counties, submitted on May 14, 1986, June 10, 1986, and April 6,
1987.
(2) The vehicle inspection and maintenance plan for Clark, Floyd,
Lake, and Porter Counties, submitted October 27, 1989, and January l9,
1990.
(3) The demonstration of attainment, submitted December 2, 1983, and
the carbon monoxide plan as a whole for
[[Page 539]]
the designated nonattainment area in Lake County.
[37 FR 10864, May 31, 1972, as amended at 46 FR 38, Jan. 2, 1981; 47 FR
6275, Feb. 11, 1982; 47 FR 6623, Feb. 16, 1982; 47 FR 10825, Mar. 12,
1982; 47 FR 20586, May 13, 1982; 47 FR 30980, July 16, 1982; 51 FR 4915,
Feb. 10, 1986; 53 FR 33811, Sept. 1, 1988; 53 FR 46613, Nov. 18, 1988;
54 FR 2118, Jan. 19, 1989; 55 FR 31052, July 31, 1990; 59 FR 51114, Oct.
7, 1994]
Sec. 52.774 [Reserved]
Sec. 52.775 Legal authority.
(a) The requirements of Sec. 51.232(b) of this chapter are not met
since the following deficiencies exist in the local agency legal
authority:
(1) East Chicago: (i) Authority to require recordkeeping is
inadequate (Sec. 51.230(e) of this chapter).
(ii) Authority to require installation of monitoring devices is
inadequate (Sec. 51.230(f) of this chapter).
(2) Evansville: (i) Authority to prevent construction, modification,
or operation of any stationary source at any location where emissions
from such source will prevent the attainment or maintenance of a
national standard is inadequate (Sec. 51.230(d) of this chapter).
(ii) Authority to require recordkeeping is inadequate
(Sec. 51.230(e) of this chapter).
(iii) Authority to require installation of monitoring devices is
inadequate (Sec. 51.230(f) of this chapter).
(3) Gary: (i) Authority to require recordkeeping is inadequate
(Sec. 51.230(e) of this chapter).
(ii) Authority to require installation of monitoring devices is
inadequate (Sec. 51.230(f) of this chapter).
(4) Hammond: (i) Authority to require recordkeeping is inadequate
(Sec. 51.230(e) of this chapter).
(ii) Authority to require installation of monitoring devices is
inadequate (Sec. 51.230(f) of this chapter).
(5) Indianapolis: (i) Authority to require recordkeeping is
inadequate (Sec. 51.230(e) of this chapter).
(ii) Authority to require installation of monitoring devices is
inadequate (Sec. 51.230(f) of this chapter).
(6) Michigan City: (i) Authority to require recordkeeping is
inadequate (Sec. 51.230(e) of this chapter).
(ii) Authority to require installation of monitoring devices is
inadequate (Sec. 51.230(f) of this chapter).
(7) Wayne County: (i) Authority to require recordkeeping and to make
inspections and conduct tests of air pollution sources is inadequate
(Sec. 51.230(e) of this chapter).
(ii) Authority to require installation of monitoring devices is
inadequate (Sec. 51.230(f) of this chapter).
(iii) Authority to prevent construction, modification, or operation
of any stationary source at any location where emissions from such
source will prevent the attainment or maintenance of a national standard
is inadequate (Sec. 51.230(d) of this chapter).
(8) Lake County: (i) Authority to require installation of monitoring
devices is inadequate (Sec. 51.230(f) of this chapter).
(ii) Authority to prevent construction, modification, or operation
of any stationary source at any location where emissions from such
source will prevent the attainment or maintenance of a national standard
is inadequate (Sec. 51.230(d) of this chapter).
(9) St. Joseph County: (i) Authority to prevent construction,
modification, or operation of any stationary source at any location
where emissions from such source will prevent the attainment or
maintenance of a national standard is inadequate (Sec. 51.230(d) of this
chapter).
(ii) Authority to require recordkeeping is inadequate
(Sec. 51.230(e) of this chapter).
(iii) Authority to require installation of monitoring devices is
inadequate (Sec. 51.230(f) of this chapter).
(10) Vigo County: (i) Authority to require recordkeeping is
inadequate (Sec. 51.230(e) of this chapter).
(ii) Authority to require installation of monitoring devices is
inadequate (Sec. 51.230(f) of this chapter).
(iii) Authority to prevent construction, modification, or operation
of any stationary source at any location where emissions from such
source will prevent the attainment or maintenance of a national standard
is inadequate (Sec. 51.230(d) of this chapter).
(11) Anderson County: (i) Authority to require installation of
monitoring
[[Page 540]]
devices is inadequate (Sec. 51.230(f) of this chapter).
[37 FR 10863, May 31, 1972, as amended at 40 FR 55329, Nov. 28, 1975; 51
FR 40676, Nov. 7, 1986; 52 FR 24367, June 30, 1987]
Sec. 52.776 Control strategy: Particulate matter.
(a) The requirements of subpart G of this chapter are not met since
the plan does not provide for attainment and maintenance of the
secondary standards for particulate matter in the Metropolitan
Indianapolis Intrastate Region.
(b) APC 4-R of Indiana's ``Air Pollution Control Regulations''
(emission limitation for particulate matter from fuel combustion
sources), which is part of the control strategy for the secondary
standards for particulate matter, is disapproved for the Metropolitan
Indianapolis Intrastate Region since it does not provide the degree of
control needed to attain and maintain the secondary standards for
particulate matter. APC 4-R is approved for attainment and maintenance
of the primary standards for particulate matter in the Metropolitan
Indianapolis Intrastate Region.
(c) APC-3 of Indiana's Air Pollution Control Regulations (visible
emission limitation) is disapproved insofar as the phrase ``for more
than a cumulative total of 15 minutes in a 24-hour period'' will
interfere with attainment and maintenance of particulate standards.
(d) [Reserved]
(e) Part D--Conditional Approval--The complete Indiana plan for
Clark, Dearborn, Dubois, Marion (except for coke batteries), St. Joseph,
Vanderburgh, and Vigo Counties is approved provided that the following
condition is satisfied:
(1) The Part D Plan must contain Industrial Fugitive Dust
Regulations. The State must submit these by July 31, 1982.
(f) 325 IAC 11-3-2(f), (as amended on August 27, 1981) is not
approved as it applies to Lake and Marion Counties, insofar as it does
not meet the requirements of section 172(b)(3) of the Clean Air Act.
(g) 325 IAC 11-3-2(g) and 11-3-2(h) (as amended on August 27, 1981)
are disapproved insofar as they do not meet the requirements of section
110(a)(2)(D) of the Clean Air Act.
(h) Equivalent Visible Emission Limits (EVEL). (1) A 20% 2-hour
opacity limit for the underfire stack at Bethlehem Steel Corporation's
Coke Battery No. 2 in Porter County is approved as an EVEL to determine
compliance with the 325 IAC 6-2 SIP limit of 0.33 lbs/MMBTU. This EVEL
is approved for as long as the SIP mass emission limit for this source
remains the same as determined by 325 IAC 6-2 (October 6, 1980,
submittal). See Sec. 52.770(c)(6), (35), and (42).
(2) Revised opacity limits for the boilers at Olin Corporation in
Warren County are approved at Sec. 52.770(c)(51) as an EVEL to determine
compliance with the 325 IAC 6-2 SIP limit of 0.80 lbs/MMBTU. This EVEL
is approved for as long as the SIP mass emission limit for this source
remains the same as determined by 325 IAC 6-2 (October 6, 1980
submittal). See Sec. 52.770(c)(6) and (35).
(i) 325 IAC 6-2.1 is approved with the State's March 27, 1985,
commitment that any ``bubble'' approved by the State under 325 IAC 6-
2.1-2(b) and 3(b) will also be subject to the State's general ``bubble''
regulation, 325 IAC 2-4. The State additionally committed that until
such time as 325 IAC 2-4 is approved as a part of the SIP, all such
limits approved under the bubbling provisions of 325 IAC 6-2.1-2(b) and
3(b) will be submitted as site specific revisions to the SIP. Unless and
until these emission point specific limits are approved as a portion of
the SIP, the SIP limit for each individual emission point will remain
the general limit calculated by means of the formulae in 325 IAC 6-2.1-
2(a) and 3(a), even though a revised emission point specific limit has
been adopted by Indiana under 325 IAC 6-2.1-2(b) and 3(b). See
52.770(c)(50).
(j) The revised Lake County Total Suspended Particulates (TSP) Plan,
comprised of submittals dated October 11, 1983, October 24, 1983, and
April 16, 1984, is disapproved because the State did not demonstrate
that it assures attainment and maintenance of the primary TSP National
Ambient Air Quality Standards in Lake County, Indiana. See 40 CFR
51.10(b).
[[Page 541]]
(k) On January 18, 1984, Indiana submitted a visible emission limit
on coke oven battery doors and a limit on total dissolved solids content
of coke quench makeup water for Battery Number One at Citizens Gas and
Coke Utility in Marion County. These limits are disapproved because they
are impermissible relaxations of requirements for each new major
stationary sources, as provided at Sec. 52.21(j)(2) and section 173 of
the Clean Air Act. See Sec. 52.770(c)(60).
(l) The revised Porter County TSP plan, as submitted by Indiana on
October 15, 1984, is disapproved, because the State did not demonstrate
that it assures the attainment and maintenance of the primary TSP NAAQS
in Porter County, Indiana. See Sec. 52.770(c)(61).
(m) The Indiana Part D TSP plan is disapproved insofar as it does
not contain RACT level opacity limits for certain process fugitive
sources in TSP nonattainment areas and, therefore, does not meet the
requirements of section 172 of the Clean Air Act.
(n) Approval--On June 23, 1988, and July 17, 1989, the State of
Indiana submitted committal SIPs for particulate matter with an
aerodynamic diameter equal to or less than 10 micrometers
(PM10) for the Group II areas within Marion and Vigo Counties
and all of Porter County, respectively. The committal SIPs meet all the
requirements identified in the July 1, 1987, promulgation of the SIP
requirements for PM10 at 52 FR 24681.
(o) Approval--On November 16, 1988 and September 10, 1992, Indiana
submitted the following list of control measures for particulate matter
(PM) already in its State Implementation Plan as a Group III Plan: 326
IAC 1-3-2, its air monitoring network, its list of possible additional
sites for PM, its Prevention of Significant Deterioration rules and the
following control measures which are part of 325 IAC: 2, Permit Review
Rules; 5-1, Opacity Limitations; 6-1-1 to 6-1-6, Nonattainment Area
Limitations; 6-1-8, Dearborn County; 6-1-9, Dubois County; 6-1-12,
Marion County; 6-1-13, Vigo County; 6-1-14, Wayne County; 6-1-15, Howard
County; 6-1-16, Vandenburgh County; 6-1-17, Clark County; 6-1-18, St.
Joseph County; 6-2, Particulate Emissions Limitations for Sources of
Indirect Heating; 6-3, Process Operations; 6-4, Fugitive Dust Emissions;
11-1, Existing Foundries; 11-4, Fiberglass Insulation Manufacturing; 11-
5, Fluoride Emission Limitations for Existing Primary Aluminum Plants.
(p) Approval-On January 13, 1993, the State of Indiana submitted a
particulate matter State Implementation Plan revision for the Vermillion
County nonattainment area. Additional information was submitted on
February 22, 1993, and April 8, 1993. These materials demonstrate that
the plan will provide for attainment of the National ambient air quality
standards for particulate matter by December 31, 1994, in accordance
with section 189(a)(1)(B) of the Clean Air Act.
(q) Approval--On April 8, 1993, and supplemented on June 17, 1997,
the State of Indiana submitted a maintenance plan and a request that
sections 15, 16, 21, 22, 27, 28, 33 and 34 of Clinton Township in
Vermillion County be redesignated to attainment of the National Ambient
Air Quality Standard for particulate matter. The redesignation request
and maintenance plan satisfy all applicable requirements of the Clean
Air Act.
[37 FR 15084, July 27, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.776, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.777 Control strategy: photochemical oxidants (hydrocarbons).
(a) The requirements of subpart G of this chapter are not met
because the plan does not provide for attainment and maintenance of the
national standards for photochemical oxidants (hydrocarbons) in the
Metropolitan Indianapolis Intrastate Region by May 31, 1975.
(b) The requirements of subpart G are not met by Revised APC-15
(November 8, 1974 submission) because it does not provide for attainment
and maintenance of the photochemical oxidant (hydrocarbon) standards
throughout Indiana.
(c) Part D--Conditional approval--The 1979 Indiana plan for Clark,
Floyd, Elkhart, Lake, Marion, Porter, and St.
[[Page 542]]
Joseph Counties is approved provided the following conditions are
satisfied:
(1) The plan for stationary source volatile organic compound control
must contain the following:
(i)-(iv) [Reserved]
(v) For regulation 325 IAC 8-5, Section 6, Perchloroethylene Dry
Cleaning, the State must conduct a study to demonstrate that the 1,500
gallons exemption meets RACT requirements and submit the results to EPA
within 6 months of the effective date of final rulemaking on 325 IAC 8
for VOC from Group II CTG source categories. If the demonstrated
emissions resulting from the State's exemption are not essentially
equivalent to those resulting from the RACT requirements, then the State
must submit to EPA by July 1, 1983, a rule which requires control of
emissions from dry cleaning sources using less than 1,500 gallons of
perchloroethylene per year.
(2) The stationary source volatile organic control measures
submitted by the State on October 23, 1990, and August 19, 1991, are
approved as described in 40 CFR 52.770(c)(87) with the exception of 326
IAC 8-5-4 Pneumatic Rubber Tire Manufacturing, on which USEPA has taken
no action. It should be noted that although the State's control measures
provide that equivalent test methods, alternative emission controls, and
revisions in rule applicability must be submitted to the USEPA as
proposed revisions to the State Implementation Plan (SIP), such proposed
SIP revisions are not part of the SIP unless and until they are approved
as such by the USEPA.
(d) Part D--Disapproval. The 1982 Indiana plan for Lake and Porter
County is disapproved because it does not assure the attainment and
maintenance of the NAAQS there. See Secs. 52.770(c)(69) and 52.773(i).
The disapproval does not affect USEPA's approval (or conditional
approval) of individual parts of Indiana's ozone plan and they remain
approved.
(e) Approval--The Administrator approves the incorporation of the
photochemical assessment ambient monitoring system submitted by Indiana
on November 15, 1993, into the Indiana State Implementation Plan. This
submittal satisfies 40 CFR 58.20(f), which requires the State to provide
for the establishment and maintenance of photochemical assessment
monitoring stations (PAMS) by November 12, 1993.
(f) Approval. The Indiana Department of Environmental Management
submitted two ozone redesignation requests and maintenance plans
requesting the ozone nonattainment areas to be redesignated to
attainment for ozone: South Bend/Elkhart (St. Joseph and Elkhart
Counties), submitted on September 22, 1993; Indianapolis (Marion
County), submitted on November 12, 1993. The redesignation requests and
maintenance plans meet the redesignation requirements in section
107(d)(3)(d) of the Act as amended in 1990. The redesignations meet the
Federal requirements of section 182(a)(1) of the Clean Air Act as a
revision to the Indiana Ozone State Implementation Plan for the above
mentioned counties.
(g) The base year ozone precursor emission inventory requirement of
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been
satisfied for the following areas: Vanderburgh County in the Evansville
Metropolitan Area; Marion County in the Indianapolis Metropolitan Area;
and St. Joseph and Elkhart Counties in the South Bend Metropolitan Area.
(h) On November 17, 1993, Indiana submitted two of three elements
required by section 182(d)(1)(A) of the Clean Air Amendments of 1990 to
be incorporated as part of the vehicle miles traveled (VMT) State
Implementation Plan intended to offset any growth in emissions from a
growth in vehicle miles traveled. These elements are the offsetting of
growth in emissions attributable to growth in VMT which was due November
15, 1992, and, any transportation control measures (TCMs) required as
part of Indiana's 15 percent reasonable further progress (RFP) plan
which was due November 15, 1993. Indiana satisfied the first requirement
by projecting emissions from mobile sources and demonstrating that no
increase in emissions would take place. Indiana satisfied the second
requirement by determining that no TCMs were required as part of
Indiana's 15 percent RFP plan.
(i) Approval--EPA is approving the section 182(f) oxides of nitrogen
(NOX)
[[Page 543]]
reasonably available control technology (RACT), new source review (NSR),
vehicle inspection/maintenance (I/M), and general conformity exemptions
for the Indiana portion of the Chicago-Gary-Lake County severe ozone
nonattainment area as requested by the States of Illinois, Indiana,
Michigan, and Wisconsin in a July 13, 1994 submittal. This approval does
not cover the exemption of NOX transportation conformity
requirements of section 176(c) for this area. Approval of these
exemptions is contingent on the results of the final ozone attainment
demonstration expected to be submitted in mid-1997. The approval will be
modified if the final attainment demonstration demonstrates that
NOX emission controls are needed in the nonattainment area to
attain the ozone standard in the Lake Michigan Ozone Study modeling
domain.
(j) The base year ozone precursor emission inventory requirement of
section 182(a)(1) of the Clean Air Act, as amended in 1990, has been
satisfied for Lake and Porter Counties, Indiana.
(k) On June 26, 1995, and June 13, 1997, Indiana submitted a 15
percent rate-of-progress plan for the Lake and Porter Counties portion
of the Chicago-Gary-Lake County ozone nonattainment area. This plan
satisfies the counties' requirements under section 182(b)(1) of the
Clean Air Act, as amended in 1990.
(l) [Reserved]
(m) On July 12, 1995, Indiana submitted a 15 percent rate-of-
progress plan for the Clark and Floyd Counties portion of the Louisville
ozone nonattainment area. This plan satisfies Clark and Floyd Counties'
requirements under section 182(b) of the Clean Air Act, as amended in
1990.
(n) On July 12, 1995, Indiana submitted corrections to the 1990 base
year emissions inventory for Clark and Floyd Counties. The July 12,
1995, corrections are recognized revisions to Indiana's emissions
inventory.
(o) On July 12, 1995, Indiana submitted as a revision to the Indiana
State Implementation Plan a ridesharing transportation control measure
which affects commuters in Clark and Floyd Counties.
(p) On August 26, 1996, Indiana submitted a rule for the purpose of
meeting oxides of nitrogen (NOX) reasonably available control
technology (RACT) requirements under section 182(f) of the Clean Air Act
(Act) for the Clark and Floyd Counties moderate ozone nonattainment
area. The rule's NOX control requirements meets RACT for
major sources of portland cement kilns, electric utility boilers, and
industrial, commercial, or institutional boilers. In addition, on April
30, 1997, Indiana certified to the satisfaction of the United States
Environmental Protection Agency that, to the best of the State's
knowledge, there are no remaining major sources of NOX in
Clark and Floyd Counties which need RACT rules. Indiana, therefore, has
satisfied the NOX RACT requirements under section 182(f) of
the Act for the Clark and Floyd Counties ozone nonattainment area.
(q) Approval--On February 5, 1997, Indiana submitted a
transportation control measure under section 108(f)(1)(A) of the Clean
Air Amendments of 1990 for Vanderburgh County, Indiana to aid in
reducing emissions of precursors of ozone. The transportation control
measure being approved as a revision to the ozone state implementation
plan is the conversion of at least 40 vehicles from gasoline as a fuel
to compressed natural gas.
(r) Indiana's November 15, 1996, request for a 1-year attainment
date extension for the Indiana portion of the Louisville moderate ozone
nonattainment area which consists of Clark and Floyd Counties is
approved. The date for attaining the ozone standard in these counties is
November 15, 1997.
(s) Approval--On November 4, 1993, the State of Indiana submitted a
maintenance plan and a request that Vanderburgh County be redesignated
to attainment of the 1-hour National Ambient Air Quality Standard for
ozone. The redesignation request and maintenance plan meet the
redesignation requirements in section 107(d)(3)(E) of the Clean Air Act
as amended in 1990. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the Indiana
ozone State Implementation Plan.
(t) Approval--On May 24, 1996, the Indiana Department of
Environmental
[[Page 544]]
Management submitted a revision to the ozone State Implementation Plan
for Lake and Porter Counties. The submittal pertained to a plan for the
implementation of the Federal transportation conformity requirements 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.
(u) On December 17, 1997, and January 22, 1998, Indiana submitted
the Post-1996 rate-of-progress plan for the Lake and Porter Counties
portion of the Chicago-Gary-Lake County ozone nonattainment area. This
plan satisfies the counties' requirements under section 182(c)(2)(B) of
the Clean Air Act, as amended in 1990. The plan contains a 1999 mobile
source vehicle emission budget for volatile organic compounds of 40,897
pounds per average summer day.
(v) Negative declarations--Aerospace coating operations, industrial
clean up solvents, industrial wastewater processes, offset lithography
operations, business plastics, automotive plastics, and synthetic
organic chemical manufacturing industries (SOCMI) batch processes,
reactors and distillation units categories. On November 8, 1999, the
State of Indiana certified to the satisfaction of the Environmental
Protection Agency that no major sources categorized as part of the nine
categories listed above and have a potential to emit 100 tons or more of
volatile organic compounds annually are located in Clark or Floyd
Counties in southeast Indiana, adjacent to Louisville, Kentucky.
(w) Negative declarations--Aerospace coating operations, industrial
clean up solvents, industrial wastewater processes, offset lithography
operations, business plastics, automotive plastics, and synthetic
organic chemical manufacturing industries (SOCMI) batch processes,
reactors and distillation units categories. On November 8, 1999, and
January 10, 2000, the State of Indiana certified to the satisfaction of
the Environmental Protection Agency that no major sources categorized as
part of the nine categories listed above and have a potential to emit 25
tons or more of volatile organic compounds annually are located in Lake
or Porter Counties in northwest Indiana.
[38 FR 16565, June 22, 1973]
Editorial Note: For Federal Register citations affective
Sec. 52.777, see the List of Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.778 Compliance schedules.
(a) The requirements of Sec. 51.262(a) of this chapter are not met
since the compliance schedules for sources of nitrogen oxides extend
over a period of more than 18 months and periodic increments of progress
are not included.
(b)-(c) [Reserved]
(d) The compliance schedule for the source identified below is
disapproved as not meeting the requirements of subpart N of this
chapter. All regulations cited are air pollution control regulations of
the State, unless otherwise noted.
----------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date schedule adopted
----------------------------------------------------------------------------------------------------------------
lake county
----------------------------------------------------------------------------------------------------------------
Commonwealth Edison Co. of Indiana, Hammond................ APC 13................. Jan. 18, 1973.
Inc. (State Line Station).
----------------------------------------------------------------------------------------------------------------
[38 FR 12698 May 14, 1973, as amended at 39 FR 28158, Aug. 5, 1974; 51
FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14, 1989]
[[Page 545]]
Sec. 52.779 [Reserved]
Sec. 52.780 Review of new sources and modifications.
(a) The requirements of Sec. 51.160(a) of this chapter are not met
in that the plan does not contain procedures to enable the State to
determine whether construction or modification of coal burning equipment
having a heat input of between 350,000 Btu per hour and 1,500,000 Btu
per hour will result in violations of applicable portions of the control
strategy and section 4(a)(2)(iii) of APC-19 is disapproved to the extent
that it exempts coal burning equipment having a heat input of between
350,000 Btu per hour and 1,500,000 Btu per hour from pre-construction/
modification review.
(b)-(c) [Reserved]
(d) Limited regulation for the review of new sources and
modifications. (1) This requirement is applicable to any coal burning
equipment other than smokehouse generators, having a heat input of
between 350,000 Btu per hour (88.2 Mg-cal/h) and 1,500,000 Btu per hour
(378.0 MG cal/h), the construction of which was commenced after May 14,
1973.
(2) No owner or operator shall commence construction or modification
of any coal burning equipment subject to this regulation without first
obtaining approval from the Administrator of the location and design of
such source.
(i) Application for approval to construct or modify shall be made on
forms furnished by the Administrator,
(ii) A separate application is required for each source.
(iii) Each application shall be signed by the applicant.
(iv) Each application shall be accompanied by site information,
plans, descriptions, specifications, and drawings showing the design of
the source, the nature and amount of emissions, and the manner in which
it will be operated and controlled.
(v) Any additional information, plans, specifications, evidence, or
documentation that the Administrator may require shall be furnished upon
request.
(3) No approval to construct or modify will be granted unless the
applicant shows to the satisfaction of the Administrator that:
(i) The source will operate without causing a violation of any
local, State, or Federal regulation which is part of the applicable
plan; and
(ii) The source will not prevent or interfere with attainment or
maintenance of any national standard.
(4) (i) Within twenty (20) days after receipt of an application to
construct, or any addition to such application, the Administrator shall
advise the owner or operator of any deficiency in the information
submitted in support of the application. In the event of such a
deficiency, the date of receipt of the application for the purpose of
paragraph (d)(4)(ii) of this section, shall be the date on which all
required information is received by the Administrator.
(ii) Within thirty (30) days after receipt of a complete
application, the Administrator shall:
(a) Make a preliminary determination whether the source should be
approved, approved with conditions, or disapproved.
(b) Make available in at least one location in each region in which
the proposed source would be constructed, a copy of all materials
submitted by the owner or operator, a copy of the Administrator's
preliminary determination and a copy or summary of other materials, if
any, considered by the Administrator in making his preliminary
determination; and
(c) Notify the public, by prominent advertisement in a newspaper of
general circulation in each region in which the proposed source would be
constructed, of the opportunity for written public comment on the
information submitted by the owner or operator and the Administrator's
preliminary determination on the approvability of the source.
(iii) A copy of the notice required pursuant to this paragraph shall
be sent to the applicant and to state and local air pollution control
agencies, having cognizance over the location where the source will be
situated.
(iv) Public comments submitted in writing within thirty (30) days
after the date such information is made available shall be considered by
the Administrator in making his final decision on the application. No
later than
[[Page 546]]
ten (10) days after the close of the public comment period, the
applicant may submit a written response to any comment submitted by the
public. The Administrator shall consider the applicant's response in
making his final decision. All comments shall be made available for
public inspection in at least one location in the region in which the
source would be located.
(v) The Administrator shall take final action on an application
within thirty (30) days after the close of the public comment period.
The Administrator shall notify the applicant in writing of his approval,
conditional approval, or denial of the application, and shall set forth
his reasons for conditional approval or denial. Such notification shall
be made available for public inspection in at least one location in the
region in which the source would be located.
(vi) The Administrator may extend each of the time periods specified
in paragraph (d)(4) (ii), (iv) or (v) of this section by no more than 30
days, or such other period as agreed to by the applicant and the
Administrator.
(5) The Administrator may impose any reasonable conditions upon an
approval, including conditions requiring the source to be provided with:
(i) Sampling ports of a size, number, and location as the
Administrator may require,
(ii) Safe access to each port,
(iii) Instrumentation to monitor and record emission data, and
(iv) Any other sampling and testing facilities.
(6) The Administrator may cancel an approval if the construction is
not begun within 2 years from the date of issuance, or if during the
construction, work is suspended for 1 year.
(7) Any owner or operator subject to the provisions of this
regulation shall furnish the Administrator written notification as
follows:
(i) A notification of the anticipated date of initial startup of a
source not more than 60 days or less than 30 days prior to such date.
(ii) A notification of the actual date of initial startup of a
source within 15 days after such date.
(8) Within 60 days after achieving the maximum production rate at
which the source will be operated but not later than 180 days after
initial startup of such source, the owner or operator of such source
shall conduct a performance test(s) in accordance with methods and under
operating conditions approved by the Administrator and furnish the
Administrator a written report of the results of such performance test.
(i) Such test shall be at the expense of the owner or operator.
(ii) The Administrator may monitor such test and may also conduct
performance tests.
(iii) The owner or operator of a source shall provide the
Administrator 15 days prior notice of the performance test to afford the
Administrator the opportunity to have an observer present.
(iv) The Administrator may waive the requirement of performance
tests if the owner or operator of a source has demonstrated by other
means to the Administrator's satisfaction that the source is being
operated in compliance with all local, State, and Federal regulations
which are part of the applicable plan.
(9) [Reserved]
(10) Approval to construct or modify shall not relieve any owner or
operator of the responsibility to comply with all local, State, and
Federal regulations which are part of the applicable plan.
(11) Any owner or operator who constructs, modifies, or operates a
stationary source not in accordance with the application, as approved
and conditioned by the Administrator, or any owner or operator of a
stationary source subject to this paragraph who commences construction
or modification without applying for and receiving approval hereunder,
shall be subject to enforcement action under section 113 of the Act.
(e) The requirements of subpart I of this chapter are not met
because the State failed to submit a plan for review of new or modified
indirect sources.
(f) Regulation for review of new or modified indirect sources. The
provisions of Sec. 52.22(b) are hereby incorporated by reference and
made a part of the applicable implementation of the plan for the State
of Indiana.
[[Page 547]]
(g) Delegation of authority. (1) The Administrator shall have the
authority to delegate responsibility for implementing the procedures for
conducting source review pursuant to this section in accordance with
paragraphs (f) (2), (3), and (4) of this section.
(2) Where the Administrator delegates the responsibility for
implementing the procedures for conducting source review pursuant to
this section to any Agency, other than a Regional Office of the
Environmental Protection Agency, a copy of the notice pursuant to
paragraph (d)(4)(iii) of this section shall be sent to the Administrator
through the appropriate Regional Office.
(3) In accordance with Executive Order 11752, the Administrator's
authority for implementing the procedures for conducting source review
pursuant to this section shall not be delegated, other than to a
Regional Office of the Environmental Protection Agency, for new or
modified sources which are owned or operated by the Federal Government
or for new or modified sources located on Federal lands; except that,
with respect to the latter category, where new or modified sources are
constructed or operated on Federal lands pursuant to leasing or other
Federal agreements, the Federal Land Manager may at his discretion, to
the extent permissible under applicable statutes and regulations,
require the lessee or permittee to be subject to new source review
requirements which have been delegated to a State or local agency
pursuant to this paragraph.
(4) The Administrator's authority for implementing the procedures
for conducting source review pursuant to this section shall not be
redelegated, other than to a Regional Office of the Environmental
Protection Agency, for new or modified sources which are located in
Indian reservations except where the State has assumed jurisdiction over
such land under other laws, in which case the Administrator may delegate
his authority to the States in accordance with paragraphs (g) (2), (3),
and (4) of this section.
(h) On March 7, 1994, Indiana requested a revision to the State
Implementation Plan (SIP) for New Source Review (NSR) to satisfy the
requirements of the Clean Air Act Amendments of 1990. The Indiana 326
IAC regulations do not include a definition of ``federally
enforceable''. On July 13, 1994, Pamela Carter, Attorney General of the
State of Indiana, sent a letter to USEPA clarifying Indiana's
interpretation of the definition of federally enforceable. The letter
states that federally enforceable, e.g. as used in 326 IAC 2-3-1, should
be interpreted in accordance with the federal definition at 40 CFR
51.165(a)(1)(xiv). The USEPA took the opportunity of rulemaking on the
State's submittal to recodify the permitting SIP to conform to Title 326
the Indiana Administrative Code.
[37 FR 10863, May 31, 1972, as amended at 38 FR 12698, May 14, 1973; 39
FR 4663, Feb. 6, 1974; 39 FR 7281, Feb. 25, 1974; 40 FR 50270, Oct. 29,
1975; 51 FR 40677, Nov. 7, 1986; 59 FR 51114, Oct. 7, 1994]
Sec. 52.781 Rules and regulations.
(a) [Reserved]
(b) A part of the second sentence in section 3, APC-17, which states
``Where there is a violation or potential violation of ambient air
quality standards, existing emission sources or any existing air
pollution control equipment shall comply with th
(c)-(d) [Reserved]
(e) Section 2(d) of APC-20, Fugitive Dust Emissions, is disapproved
because it is unenforceable within the terms of the regulation.
(f) Subsections 3(b)(3) and 3(b)(5) of APC-2 (May 18, 1977) are
disapproved because they are unenforceable within the terms of the
regulation.
[37 FR 10863, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 38
FR 12698, May 14, 1973; 40 FR 50033, Oct. 28, 1975; 43 FR 26722, June
22, 1978]
Sec. 52.782 Request for 18-month extension.
(a) The requirements of Sec. 51.341 of this chapter are not met
since the request for an 18-month extension for submitting that portion
of the plan that implements the secondary standards for particulate
matter in the Metropolitan Indianapolis Intrastate Region does not show
that attainment of the secondary standards will require emission
reductions exceeding those which can be achieved through the application
of
[[Page 548]]
reasonably available control technology.
[37 FR 10863, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.783 [Reserved]
Sec. 52.784 Transportation and land use controls.
(a) To complete the requirements of subpart L and subpart G of this
chapter, the Governor of Indiana must submit to the Administrator:
(1) No later than April 15, 1973, transportation and/or land use
control strategies and a demonstration that said strategies, along with
Indiana's presently adopted stationary source emission limitations for
carbon monoxide and hydrocarbons and the Federal Motor Vehicle Control
Program, will attain and maintain the national standards for carbon
monoxide and photochemical oxidants (hydrocarbons) in the Metropolitan
Indianapolis Intrastate Region by May 31, 1975. By such date (April 15,
1973), the State also must submit a detailed timetable for implementing
the legislative authority, regulations, and administrative policies
required for carrying out the transportation and/or land use control
strategies by May 31, 1975.
(2) No later than July 30, 1973, the legislative authority that is
needed for carrying out such strategies.
(3) No later than December 30, 1973, the necessary adopted
regulations and administrative policies needed to implement such
strategies.
[38 FR 7326, Mar. 20, 1973, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.785 Control strategy: Carbon monoxide.
(a) The requirements of subpart G of this chapter are not met
because the plan does not provide for attainment and maintenance of the
national standards for carbon monoxide in the Metropolitan Indianapolis
Intrastate Region by May 31, 1975.
(b) On December 21, 1999, the Indiana Department of Environmental
Management submitted carbon monoxide maintenance plans for those
portions of Lake and Marion Counties which they requested the
Environmental Protection Agency redesignate to attainment of the carbon
monoxide national ambient air quality standard.
[38 FR 16565, June 22, 1973, as amended at 51 FR 40676, Nov. 7, 1986; 65
FR 2888, Jan. 19, 2000]
Sec. 52.786 Inspection and maintenance program.
(a) Definitions:
(1) Inspection and maintenance program means a program to reduce
emissions from in-use vehicles through identifying vehicles that need
emission control related maintenance and requiring that such maintenance
be performed.
(2) Light-duty vehicle means a motor vehicle rated at 6,000 lb. GVW
(gross vehicle weight) or less.
(3) All other terms used in this section that are defined in part
51, subpart G of this chapter, are used herein with the meanings so
defined.
(b) This regulation is applicable in the County of Marion, Indiana
(including all cities, towns and municipal corporations therein).
(c) The State of Indiana shall establish and cause the
implementation of an inspection and maintenance program applicable to
all gasoline-powered light duty vehicles which are registered in Marion
County. Such program shall conform with this Sec. 52.786. The
Consolidated City of Indianapolis, the County of Marion, and other
municipalities within the County of Marion, shall take all legislative,
executive, or other action necessary to establish and implement the
program required by this regulation.
(d) Not later than April 1, 1975, the State of Indiana, the County
of Marion and the Consolidated City of Indianapolis shall jointly submit
to the Administrator, for his approval, legally adopted legislation and/
or regulations establishing the regulatory scheme for the inspection/
maintenance program required by paragraph (c) of this section. The
legislation and/or regulations shall include:
(1) Provisions requiring inspection of all light-duty motor vehicles
subject to the inspection program required by paragraph (c) of this
section at periodic intervals no more than 1 year apart by means of an
idle test. Any class or category of vehicles that are found to be
[[Page 549]]
rarely used on public streets and highways (such as classic or antique
vehicles) may be exempted.
(2) Provisions for regulatory criteria that are consistent with
achieving an 11 percent reduction of hydrocarbon emissions from light-
duty vehicles.
(3) Provisions ensuring that failed vehicles receive, within 30
days, the maintenance necessary to achieve compliance with the
inspection standards. These provisions shall impose sanctions against
owners of non-complying vehicles, require retest of failed vehicles
following maintenance, require a suitable distinctive tag or sticker for
display on complying vehicles, and include such other measures as are
necessary or appropriate.
(4) Provisions establishing a certification program to ensure that
testing stations performing the required tests have the necessary
equipment and knowledgeable operators to perform the tests
satisfactorily, imposing sanctions against non-complying testing
stations, and containing such other measures as necessary or appropriate
to a testing program.
(5) Provisions prohibiting vehicles from being intentionally
readjusted or modified subsequent to the inspection and/or maintenance
in such a way as would cause them no longer to comply with the
inspection standards. These may include authorization of spot checks of
idle adjustments or of a suitable type of physical seal or tag on
vehicles. These provisions shall include appropriate penalties for
violation by any person.
(6) Designation of agency or agencies responsible for conducting,
overseeing, and enforcing the inspection/maintenance program. Private
parties may be designated to conduct parts of the program to certify
compliance.
(e) After July 1, 1976, the State of Indiana, County of Marion, the
Consolidated City of Indianapolis, and other municipalities in Marion
County shall not allow the operation on streets, roads, or highways
under their ownership or control of any light duty motor vehicle subject
to the inspection program established pursuant to paragraph (c) of this
section that does not comply with the applicable standards and
procedures adopted in accordance with paragraph (d) of this section.
(f) After July 1, 1976, no person shall operate or allow the
operation of any motor vehicle subject to the inspection program
established pursuant to paragraph (c) of this section that does not
comply with the applicable standards and procedures adopted in
accordance with paragraph (d) of this section.
(g) No later than October 1, 1974, the State of Indiana, County of
Marion, and the Consolidated City of Indianapolis shall jointly submit
to the Administrator, for his approval, a detailed compliance schedule
showing the steps they will take to establish, operate and enforce the
inspection program required by paragraph (c) of this section including:
(1) A detailed description of the inspection program required by
paragraph (c) of this section (including a description of the way in
which the program will be established, operated, and enforced and the
respective responsibilities of the State, county, and municipalities for
such tasks).
(2) A description of the legal authority for establishing and
enforcing the inspection/maintenance program, including the text of
proposed or adopted legislation and regulations.
(3) Specific dates (day, month, and year) by which various steps to
implement the inspection/maintenance system will be completed, such
steps to include, at a minimum, the following: submitting final plans
and specifications for the system to the Administrator for this approval
(this date to be no later than February 1, 1975), ordering necessary
equipment (this date to be no later than April 15, 1975), commencement
of onsite construction and/or installation, and system operational (this
date to be no later than April 15, 1975, commencement of onsite
construction and/ior installation, and system operational (this date to
be no later than July 1, 1975).
(4) An identification of the sources and amounts of funds necessary
to implement the system together with written assurances from the chief
executive officers of the State, city, and county that they will seek
such necessary funding from the appropriate legislative bodies.
[[Page 550]]
(5) Other provisions necessary or appropriate to carry out the
program.
(h) The State's December 2, 1992, commitment to timely adopt and
implement enhanced inspection and maintenance (I/M) rules for Lake and
Porter Counties is disapproved based on the failure of the State of
Indiana to meet important milestones pertaining to the development and
adoption of necessary authority for the I/M program. This disapproval
initiates the sanction process of section 179(a) of the Act.
[39 FR 12348, Apr. 5, 1974, as amended at 46 FR 38, Jan. 2, 1981; 51 FR
40677, Nov. 7, 1986; 55 FR 31052, July 31, 1990; 58 FR 62535, Nov. 29,
1993]
Sec. 52.787 Gasoline transfer vapor control.
(a) Gasoline means any petroleum distillate having a Reid vapor
pressure of 4 pounds or greater.
(b) This section is applicable in the County of Marion, Indiana
(including all cities, towns and municipal corporations therein).
(c) No person shall transfer or permit the transfer of gasoline from
any delivery vessel into any stationary source container with a capacity
greater than 250 gallons unless such container is equipped with a
submerged fill pipe and unless the displaced vapors from the storage
container are processed by a control system that prevents release to the
atmosphere of no less than 90 percent by weight of organic compounds in
said vapors displaced from the stationary storage container location.
The control system shall include one or more of the following:
(1) A vapor-tight return line from the storage container to the
delivery vessel and a system that will ensure that the vapor return line
is connected before gasoline can be transferred into the container. If a
``vapor-balance return'' system is used to meet the requirements of this
section, the system shall be so constructed as to be readily adapted to
retrofit with an adsorption system, refrigeration-condensation system or
equivalent system connected to the stationary storage container.
(2) Refrigeration-condensation sys- tem or adsorption system
connected to the stationary storage container.
(3) An equivalent system, approved by the Administrator or his
designee, designed to recover or eliminate no less than 90 percent by
weight of the organic compounds in the displaced vapor.
(d) No person shall own or operate a delivery vessel containing
gasoline unless the delivery vessel is so designed and maintained as to
be vapor-tight at all times. This paragraph (d) shall not apply to
delivery vessels in transit through Marion County which neither are
filled nor deliver gasoline therein, nor shall this paragraph (d) be
construed to prohibit safety-valves on other devices required by
governmental safety regulations. Delivery vessels which are filled in
Marion County but do not deliver in Marion County may be controlled only
for filling.
(e) No person shall own or operate a facility for the filling of
delivery vessels with gasoline unless the facility is equipped with a
control system, which can recover or eliminate at least 90 percent by
weight of the organic compounds in the vapors displaced from the
delivery vessel during refilling. Facilities which have a daily
throughput of 20,000 gallons 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 will be required to meet the provisions of this section no later
than May 31, 1977.
(f) After March 1, 1976, no person shall intentionally release
gasoline vapors from a delivery vessel, except to a control system that
can recover or eliminate at least 90 percent by weight of organic
compounds in the vapors released.
(g) The provisions of paragraph (c) of this section shall not apply
to the following:
(1) Stationary containers having a capacity less than 550 gallons
used exclusively for the fueling of farming equipment.
(2) Any stationary container having a capacity less than 2,000
gallons installed prior to promulgation of this paragraph.
[[Page 551]]
(3) Transfer made to storage tanks equipped with floating roofs or
their equivalent.
(4) Gasoline storage compartments of 1,000 gallons or less in
gasoline delivery vessels in use on the promulgated date of this
regulation will not be required to be retrofitted with a vapor return
system until January 1, 1977.
(h) The operation of a source, otherwise, subject to paragraph (c),
(d), or (e) of this section, shall not be a violation of paragraph (c),
(d), or (e), respectively, if the following acts shall be completed with
respect to such source before the following dates:
(1) October 1, 1974. The owner of the source or his designee shall
submit to the Administrator, a final control plan, which describes at a
minimum the steps that will be taken by the source to achieve compliance
with the applicable provisions of paragraphs (c), (d), and (e) of this
section.
(2) March 1, 1975. Negotiate and sign all necessary contracts for
control systems, or issue orders for the purchase of component parts to
accomplish emission control.
(3) May 1, 1975. Initiate on-site construction or installation of
control system equipment.
(4) February 1, 1976. Complete on-site construction or installation
of control system equipment.
(5) March 1, 1976. Achieve final compliance with the applicable
provisions of paragraphs (c), (d), and (e) of this section.
(6) Any owner of a source 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.
(i) As an alternative to compliance with the schedule under
paragraph (h) of this section:
(1) The owner of a source which is in compliance with the provisions
of paragraph (c), (d), or (e) of this section, shall certify such
compliance to the Administrator by October 1, 1974. The Administrator
may request whatever supporting information he considers necessary for
proper certification.
(2) A source for which a compliance schedule is adopted by the State
and approved by the Administrator may operate in conformity with such
compliance schedule.
(3) The owner of a source may submit to the Administrator, by
October 1, 1974, a proposed alternative compliance schedule. No such
schedule may provide for compliance after March 1, 1976. Until
promulgated by the Administrator, such source shall conform with
applicable portions of paragraph (c), (d), (e), or (h) of this section.
Upon promulgation of the compliance schedule by the Administrator, no
person shall own or operate the source except in conformity with the
promulgated schedule.
(j) Nothing in this section shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of the compliance schedule in paragraph (h) of this section fails to
satisfy the requirements of Sec. 51.15 (b) and (c) of this chapter.
(k) Any new container, facility, or vessel subject to this
regulation that is placed in operation after October 1, 1974, shall
within 30 days of commencing operation submit a compliance schedule in
conformity with paragraph (i) of this section and shall otherwise comply
with this section. Any facility subject to this regulation that is
placed in operation after March 1, 1976, shall comply with the
applicable requirements of this section immediately upon commencing
operation.
[39 FR 12349, Apr. 5, 1974, as amended at 39 FR 41253, Nov. 26, 1974; 41
FR 56643, Dec. 29, 1976; 42 FR 29004, June 7, 1977]
Sec. 52.788 Operating permits.
Emission limitations and other provisions contained in operating
permits issued by the State in accordance with the provisions of the
federally approved permit program shall be the applicable requirements
of the federally approved State Implementation Plan (SIP) for Indiana
for the purpose of sections 112(b) and 113 of the Clean Air Act and
shall be enforceable by the United States Environmental Protection
Agency (USEPA) and any person in the same manner as other requirements
of the SIP. USEPA reserves the right to deem an operating permit not
federally enforceable. Such a determination will
[[Page 552]]
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 USEPA's underlying regulations.
[60 FR 43012, Aug. 18, 1995]
Secs. 52.789--52.792 [Reserved]
Sec. 52.793 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(b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Indiana.
(c) All applications and other information required pursuant to
Sec. 52.21 from sources located in the State of Indiana shall be
submitted to the Commissioner, Indiana Department of Environmental
Management, 105 South Meridian Street, P.O. Box 6015, Indianapolis, IN
46206.
[45 FR 52741, Aug. 7, 1980, as amended at 53 FR 18985, May 26, 1988]
Sec. 52.794 Source surveillance.
(a) The requirements of 51.212 of this chapter are not met by the
phrase ``for more than a cumulative total of 15 minutes in a 24-hour
period'' contained in section 1 of APC-3 of the Indiana Air Pollution
Control Regulations.
(b) [Reserved]
(c) 325 IAC 5-1 (October 6, 1980, submittal--Sec. 52.770(c)(53)) is
disapproved for the Lake County sources specifically listed in Table 2
of 325 IAC 6-1-10.2 (Sec. 52.770(c)(57)); for pushing and quenching
sources throughout the State (August 27, 1981, 325 IAC 11-3-2 (g) and
(h)--Sec. 52.770(c)(42)); and for coke oven doors in Lake and Marion
Counties (325 IAC 11-3-2(f)--Sec. 52.770(c)(42)). Applicability of this
regulation to these sources is being disapproved because 325 IAC 5-1
does not meet the enforceability requirements of Sec. 51.22 as it
applies to these sources. Opacity limits in 325 IAC 6-1-10.2 and certain
opacity limits in 325 IAC 11-3 supersede those in 325 IAC 5-1, and USEPA
has previously disapproved these superseding regulations (Sec. 52.776
(j), (g), and (f), respectively).
[40 FR 50033, Oct. 28, 1975; 41 FR 3475, Jan. 23, 1976, as amended at 48
FR 55860, Dec. 16, 1983; 51 FR 40676, 40677, Nov. 7, 1986; 52 FR 3644,
Feb. 5, 1987; 52 FR 23038, June 17, 1987]
Sec. 52.795 Control strategy: Sulfur dioxide.
(a) Revised APC-13 (December 5, 1974 submission) of Indiana's Air
Pollution Control regulations (sulfur dioxide emission limitation) is
disapproved insofar as the provisions identified below will interfere
with the attainment and maintenance of the suffix dioxide ambient air
quality standards:
(1) The phrase ``equivalent full load'' in section 1(b)(2).
(2) The formula ``Ep=17.0 Qm 0.67
where Ep=Em x Qm'' in section 2(a).
(3) The phrase ``Direct fired process operations'' in sections 2(a),
3(c), 4(b), and 4(c).
(4) The modification of Qm for non-Indiana coal as
expressed in Section 2(a).
(b) The requirements of Sec. 51.281 are not met by Warrick and
Culley electrical generating stations enforcement orders which would
revise the sulfur dioxide emission limitations for these two stations.
(c) The requirements of Sec. 51.110(e) are not met by Wayne,
Dearborn, Jefferson, Porter, and Warrick Counties.
(d)--(e) [Reserved]
(f) Approval--On March 14, 1996, the State of Indiana submitted a
maintenance plan for Lawrence, Washington, and Warren Townships in
Marion County and the remainder of the county, and requested that it be
redesignated to attainment of the National Ambient Air Quality Standard
for sulfur dioxide. The redesignation request and maintenance plan
satisfy all applicable requirements of the Clean Air Act.
(g) Approval--On June 17, 1996, the State of Indiana submitted a
maintenance plan for LaPorte, Vigo, and Wayne Counties and requested
redesignation to attainment for the National
[[Page 553]]
Ambient Air Quality Standard for sulphur dioxide for each county in its
entirety. The redesignation requests and maintenance plans satisfy all
applicable requirements of the Clean Air Act.
[41 FR 35677, Aug. 24, 1976, as amended at 42 FR 34519, July 6, 1977; 47
FR 10825, Mar. 12, 1982; 47 FR 39168, Sept, 7 1982; 49 FR 585, Jan. 5,
1984; 51 FR 40676, 40677, Nov. 7, 1986; 53 FR 1358, Jan. 19, 1988; 54 FR
2118, Jan. 19, 1989; 61 FR 58486, Nov. 15, 1996]
Sec. 52.796 Industrial continuous emission monitoring.
(a) APC-8, Appendix I 1.2.3, 3.3, and 6.0 are disapproved because
they do not meet the requirements of 40 CFR 51.214.
(b)(1) The requirements of 40 CFR 51, Appendix P 3.3 are hereby
incorporated and made a part of the applicable implementation plan for
the State of Indiana.
(2) APC-8 does not apply to any source scheduled for retirement by
October 6, 1980, or within five years after the promulgation of
continuous emission monitoring requirements for that source category in
40 CFR part 51, Appendix P 1.1, provided that adequate evidence and
guarantees are provided that clearly show that the source will cease
operations on or before such date.
[43 FR 26722, June 22, 1978, as amended at 51 FR 40677, Nov. 7, 1986]
Sec. 52.797 Control strategy: Lead.
(a)-(b) [Reserved]
(c) On January 12, 1988, Indiana'a Office of Air Management (OAM),
Indiana Department of Environmental Management, agreed to review all
relevant hood designs and performance guidance to determine which
criteria to use in determining ongoing compliance with the capture
efficiency provisions in 326 IAC 15-1 for Quemetco, Inc., and Refined
Metals. Because these efficiencies are closely related to equipment
design, OAM believes that a review of the process and control equipment
designs and operating paramenters should provide the necessary
determination of compliance. OAM will work with the Indianapolis local
agency, the Indianapolis Air Pollution Control Division, on viable
alternatives and will keep USEPA up to date on its progress. OAM
anticipates that specific criteria for determining compliance will be
incorporated into the sources' operation permits (and forwarded to USEPA
for informational purposes), and, should the opportunity arise, 326 IAC
15-1 will be revised to similarly incorporate capture efficiency
criteria.
(d) On March 2, 2000, Indiana submitted a maintenance plan for
Marion County as part of its request to redesignate the County to
attainment of the lead standard.
[53 FR 12905, Apr. 19, 1988, as amended at 53 FR 38722, Oct. 3, 1988; 54
FR 33896, Aug. 17, 1989; 65 FR 29963, May 10, 2000]
Sec. 52.798 Small business stationary source technical and
environmental compliance assistance program.
The Indiana program submitted on January 14, 1993, as a requested
revision to the Indiana State Implementation Plan satisfies the
requirements of section 507 of the Clean Air Act Amendments of 1990.
[58 FR 46544, Sept. 2, 1993]
Subpart Q--Iowa
Sec. 52.820 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable SIP
for Iowa under section 110 of the CAA, 42 U.S.C. 7401, and 40 CFR part
51 to meet NAAQS.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c), (d), and (e) of this section with an EPA approval date prior to
July 1, 1998, was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraphs (c), (d), and (e) of this
section with the EPA approval dates after July 1, 1998, will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region VII certifies that the rules/regulations provided by
the EPA in the SIP compilation at the addresses in paragraph (b)(3) are
an exact duplicate of the officially promulgated state
[[Page 554]]
rules/regulations which have been approved as part of the SIP as of July
1, 1998.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region VII, Air
Planning and Development Branch, 726 Minnesota Avenue, Kansas City,
Kansas 66101; the Office of Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC; or at the EPA Air and Radiation Docket
and Information Center, Air Docket (6102), 401 M St., SW., Washington,
DC. 20460.
(c) EPA-approved regulations.
EPA-Approved Iowa Regulations
----------------------------------------------------------------------------------------------------------------
State
Iowa citation Title effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Iowa Department of Natural Resources, Environmental Protection Commission [567]
Chapter 20--Scope of Title-Definitions-Forms-Rule of Practice
567-20.1........................ Scope of Title......... 5/13/98 5/22/00, 65 FR 32031
567-20.2........................ Definitions............ 10/14/98 5/22/00, 65 FR 32031 The definitions for
anaerobic lagoon,
odor, odorous
substance, and
odorous substance
source, are not SIP
approved.
567-20.3........................ Air Quality Forms 5/13/98 5/22/00, 65 FR 32031
Generally.
Chapter 21--Compliance
----------------------------------------------------------------------------------------------------------------
567-21.1........................ Compliance Schedule.... 3/14/90 6/29/90, 55 FR 26690
567-21.2........................ Variances.............. 3/14/90 6/29/90, 55 FR 26690
567-21.3........................ Emission Reduction 3/14/90 6/29/90, 55 FR 26690
Program.
567-21.4........................ Circumvention of Rules. 3/14/90 6/29/90, 55 FR 26690
567-21.5........................ Evidence Used in 11/16/94 10/30/95, 60 FR
Establishing That a 55198
Violation Has or Is
Occurring.
----------------------------------------------------------------------------------------------------------------
Chapter 22--Controlling Pollution
----------------------------------------------------------------------------------------------------------------
567-22.1........................ Permits Required for 12/23/98 5/22/00, 65 FR 32031 Subrule 22.1(3)
New or Existing ``b'' (9) is not
Stationary Sources. SIP approved.
567-22.2........................ Processing Permit 4/9/97 6/25/98, 63 FR 34600
Applications.
567-22.3........................ Issuing Permits........ 2/24/93 5/12/93, 58 FR 27939 Subrule 22.3 (6) has
not been approved
as part of the SIP.
567-22.4........................ Special Requirements 5/13/98 5/22/00, 65 FR 32031
for Major Stationary
Sources Located in
Areas Designated
Attainment or
Unclassified (PSD).
567-22.5........................ Special Requirements 5/13/98 5/22/00, 65 FR 32031
for Nonattainment
Areas.
567-22.8........................ Permit by Rule......... 5/13/98 5/22/00, 65 FR 32031
567-22.105...................... Title V Permit 11/16/94 10/30/95, 60 FR Only subparagraph
Applications. 55198 (2)i(5) is included
in the SIP.
567-22.200...................... Definitions for 10/18/95 4/30/96, 61 FR 18958
Voluntary Operating
Permits.
567-22.201...................... Eligibility for 4/9/97 6/25/98, 63 FR 34601
Voluntary Operating
Permits.
567-22.202...................... Requirement to Have a 4/9/97 6/25/98, 63 FR 34601
Title V Permit.
567-22.203...................... Voluntary Operating 10/14/98 5/22/00, 65 FR 32031
Permit Applications.
567-22.204...................... Voluntary Operating 12/14/94 4/30/96, 61 FR 18958
Permit Fees.
567-22.205...................... Voluntary Operating 12/14/94 4/30/96, 61 FR 18958
Permit Processing
Procedures.
567-22.206...................... Permit Content......... 10/18/95 4/30/96, 61 FR 18958
567-22.207...................... Relation to 12/14/94 4/30/96, 61 FR 18958
Construction Permits.
567-22.208...................... Suspension, 12/14/94 4/30/96, 61 FR 18958
Termination, and
Revocation of
Voluntary Operating
Permits.
567-22.300...................... Operating Permit by 10/14/98 5/22/00, 65 FR 32031
Rule for Small Sources.
----------------------------------------------------------------------------------------------------------------
Chapter 23--Emission Standards for Contaminants
----------------------------------------------------------------------------------------------------------------
567-23.1........................ Emission Standards..... 10/14/98 5/22/00, 65 FR 32031 Subrules 23.1(2)-(5)
are not SIP
approved.
567-23.2........................ Open Burning........... 5/13/98 5/22/00, 65 FR 32031
567-23.3........................ Specific Contaminants.. 5/13/98 5/22/00, 65 FR Subrule 23.3(3)(d)
32031 is not SIP
approved.
[[Page 555]]
567-23.4........................ Specific Processes..... 4/20/94 12/21/94, 59 FR Section 23.4(10) is
65717 not part of the
approved SIP.
----------------------------------------------------------------------------------------------------------------
Chapter 24--Excess Emissions
----------------------------------------------------------------------------------------------------------------
567-24.1........................ Excess Emission 5/13/98 5/22/00, 65 FR 32031
Reporting.
567-24.2........................ Maintenance and Repair 3/14/90 6/29/90, 55 FR 26690
Requirements.
----------------------------------------------------------------------------------------------------------------
Chapter 25--Measurement of Emissions
----------------------------------------------------------------------------------------------------------------
567-25.1........................ Testing and Sampling of 12/23/98 5/22/00, 65 FR 32031
New and Existing
Equipment.
----------------------------------------------------------------------------------------------------------------
Chapter 26--Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
567-26.1........................ General................ 3/14/90 6/29/90, 55 FR 26690
567-26.2........................ Episode Criteria....... 3/14/90 6/29/90, 55 FR 26690
567-26.3........................ Preplanned Abatement 3/14/90 6/29/90, 55 FR 26690
Strategies.
567-26.4........................ Actions During Episodes 3/14/90 6/29/90, 55 FR 26690
----------------------------------------------------------------------------------------------------------------
Chapter 27--Certificate of Acceptance
----------------------------------------------------------------------------------------------------------------
567-27.1........................ General................ 3/14/90 6/29/90, 55 FR 26690
567-27.2........................ Certificate of 3/14/90 6/29/90, 55 FR 26690
Acceptance.
567-27.3........................ Ordinance or 3/14/90 6/29/90, 55 FR 26690
Regulations.
567-27.4........................ Administrative 3/14/90 6/29/90, 55 FR 26690
Organization.
----------------------------------------------------------------------------------------------------------------
567-27.5........................ Program Activities..... 3/14/90 6/29/90, 55 FR 26690
----------------------------------------------------------------------------------------------------------------
Chapter 28--Ambient Air Quality Standards
----------------------------------------------------------------------------------------------------------------
567-28.1........................ Statewide Standards.... 3/14/90 6/29/90, 55 FR 26690
----------------------------------------------------------------------------------------------------------------
Chapter 29--Qualification in Visual Determination of the Opacity of Emissions
----------------------------------------------------------------------------------------------------------------
567-29.1........................ Methodology and 5/13/98 5/22/00, 65 FR 32031
Qualified Observer.
----------------------------------------------------------------------------------------------------------------
Chapter 31--Nonattainment Areas
----------------------------------------------------------------------------------------------------------------
567-31.1........................ Permit Requirements 2/22/95 10/23/97, 62 FR
Relating to 55172
Nonattainment Areas.
567-31.2........................ Conformity of General 5/13/98 5/22/00, 65 FR 32031
Federal Actions to the
Iowa SIP or Federal
Implementation Plan.
----------------------------------------------------------------------------------------------------------------
Linn County
----------------------------------------------------------------------------------------------------------------
CHAPTER 10...................... Linn County Code of 3/7/97 2/2/98, 63 FR 5268
Ordinance Providing
for Air Quality
Chapter 10.
----------------------------------------------------------------------------------------------------------------
Polk County
----------------------------------------------------------------------------------------------------------------
CHAPTER V....................... Polk County Board of 12/18/96 2/2/98, 63 FR 5268 Sections 5-27(3) and
Health Rules and (4) are not a part
Regulations Air of the SIP.
Pollution Chapter V.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific permits.
EPA-Approved Iowa Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Order/permit No. effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Archer-Daniels Midland Company.... 90-AQ-10 3/25/91 11/1/91, 56 FR 56158
Interstate Power Company.......... 89-AQ-04 2/21/90 11/1/91, 56 FR 56158
Grain Processing Corporation...... 74-A-015-S 9/18/95 12/1/97, 62 FR 63454
Grain Processing Corporation...... 79-A-194-S 9/18/95 12/1/97, 62 FR 63454
Grain Processing Corporation...... 79-A-195-S 9/18/95 12/1/97, 62 FR 63454
Grain Processing Corporation...... 95-A-374 9/18/95 12/1/97, 62 FR 63454
Muscatine Power and Water......... 74-A-175-S 9/14/95 12/1/97, 62 FR 63454
[[Page 556]]
Muscatine Power and Water......... 95-A-373 9/14/95 12/1/97, 62 FR 63454
Monsanto Corporation.............. 76-A-161S3 7/18/96 12/1/97, 62 FR 63454
Monsanto Corporation.............. 76-A-265S3 7/18/96 12/1/97, 62 FR 63454
IES Utilities, Inc................ 98-AQ-20 11/20/98 3/11/99 64 FR 12090 SO2 Control Plan for
Cedar Rapids, Iowa.
Archer-Daniels-Midland Corporation SO2 Emission 9/14/98 3/11/99 64 FR 12090 ADM Corn Processing
Control Plan SO2 Control Plan for
Cedar Rapids.
Linwood Mining and Minerals 98-AQ-07 3/13/98 3/18/99, 64 FR 13346 PM10 control plan for
Corporation. Buffalo.
Lafarge Corporation............... 98-AQ-08 3/19/98 3/18/99, 64 FR 13346 PM10 control plan for
Buffalo.
----------------------------------------------------------------------------------------------------------------
(e) The EPA approved nonregulatory provisions and quasi-regulatory
measures.
EPA-Approved Iowa Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Comments
provision nonattainment area date
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Statewide........... 1/27/72 5/31/72, 37 FR 10842
Implementation Plan.
Request for a Two Year Extension Council Bluffs...... 1/27/72 5/31/72, 37 FR 10842 Correction notice
to Meet the NAAQS. published 3/2/76.
Revisions to Appendices D and G.. Statewide........... 2/2/72 5/31/72, 37 FR 10842 Correction notice
published 3/2/76.
Source Surveillance and Record Statewide........... 4/14/72 3/2/76, 41 FR 8960
Maintenance Statements.
Statement Regarding Public Statewide........... 5/2/72 3/2/76, 41 FR 8960
Availability of Emissions Data.
Letter Describing the Linn County, Polk 12/14/72 10/1/76, 41 FR 43407
Certificates of Acceptance for County.
Local Air Pollution Control
Programs.
High Air Pollution Episode Statewide........... 6/20/73 10/1/76, 41 FR 43407
Contingency Plan.
Summary of Public Hearing on Statewide........... 9/3/75 10/1/76, 41 FR 43407
Revised Rules Which Were
Submitted on July 17, 1975.
Air Quality Modeling to Support Statewide........... 3/4/77 6/1/77, 42 FR 27892
Sulfur Dioxide Emission
Standards.
Nonattainment Plans.............. Mason City, 6/22/79 3/6/80, 45 FR 14561
Davenport, Cedar
Rapids, Des Moines.
Information on VOC Sources to Linn County......... 10/8/79 3/6/80, 45 FR 14561
Support the Nonattainment Plan.
Information and Commitments Linn County......... 11/16/79 3/6/80, 45 FR 14561
Pertaining to Legally
Enforceable RACT Rules to
Support the Nonattainment Plan.
Lead Plan........................ Statewide........... 8/19/80 3/20/81, 46 FR 17778
Letter to Support the Lead Plan.. Statewide........... 1/19/81 3/20/81, 46 FR 17778
Nonattainment Plans to Attain Mason City, Cedar 4/18/80 4/17/81, 46 FR 22372
Secondary Standards. Rapids, Des Moines,
Davenport, Keokuk,
Council Bluffs,
Fort Dodge, Sioux
City, Clinton,
Marshalltown,
Muscatine, Waterloo.
[[Page 557]]
Information to Support the Mason City, Cedar 9/16/80 4/17/81, 46 FR 22372
Particulate Matter Nonattainment Rapids, Des Moines,
Plan. Davenport, Keokuk,
Council Bluffs,
Fort Dodge, Sioux
City, Clinton,
Marshalltown,
Muscatine, Waterloo.
Information to Support the Mason City, Cedar 11/17/80 4/17/81, 46 FR 22372
Particulate Matter Nonattainment Rapids, Des Moines,
Plan. Davenport, Keokuk,
Council Bluffs,
Fort Dodge, Sioux
City, Clinton,
Marshalltown,
Muscatine, Waterloo.
Schedule for Studying Mason City, Cedar 6/26/81 3/5/82, 47 FR 9462
Nontraditional Sources of Rapids, Des Moines,
Particulate Matter and for Davenport, Keokuk,
Implementing the Results. Council Bluffs,
Fort Dodge, Sioux
City, Clinton,
Marshalltown,
Muscatine, Waterloo.
Air Monitoring Strategy.......... Statewide........... 7/15/81 4/12/82, 47 FR 15583
Letter of Commitment to Revise Statewide........... 5/14/85 9/12/85, 50 FR 37176
Unapprovable Portions of Chapter
22.
Letter of Commitment to Submit Statewide........... 4/22/86 7/11/86, 51 FR 25199
Stack Height Regulations and to
Implement the EPA's Regulations
until the State's Rules Are
Approved.
Letter of Commitment to Implement Statewide........... 4/22/87 6/26/87, 52 FR 23981
the Stack Height Regulations in
a Manner Consistent with the
EPA's Stack Height Regulations
with Respect to NSR/PSD
Regulations.
PM10 SIP......................... Statewide........... 10/28/88 8/15/89, 54 FR 33536
Letter Pertaining to NOX Rules Statewide........... 11/8/90 2/13/91, 56 FR 5757
and Analysis Which Certifies the
Material Was Adopted by the
State on October 17, 1990.
SO2 Plan......................... Clinton............. 3/13/91 11/1/91, 56 FR 56158
Letter Withdrawing Variance Polk County......... 10/23/91 11/29/91, 56 FR 60924 Correction notice
Provisions. published 1/26/93.
Letter Concerning Open Burning Statewide........... 10/3/91 1/22/92, 57 FR 2472
Exemptions.
Compliance Sampling Manual....... Statewide........... 1/5/93 5/12/93, 58 FR 27939
Small Business Assistance Plan... Statewide........... 12/22/92 9/27/93, 58 FR 50266
Voluntary Operating Permit Statewide........... 12/8/94, 4/30/96, 61 FR 18958
Program. 2/16/96,
2/27/96
SO2 Plan......................... Muscatine........... 6/19/96, 12/1/97, 62 FR 63454
5/21/97
SO2 Maintenance Plan............. Muscatine........... 4/25/97 3/19/98, 63 FR 13343
SO2 Control Plan................. Cedar Rapids........ 9/11/98 3/11/99, 64 FR 12090
PM10 control plan................ Buffalo, Iowa....... 10/1/98 03/18/99, 64 FR 13346
----------------------------------------------------------------------------------------------------------------
[64 FR 7094, Feb. 12, 1999, as amended at 64 FR 12090, Mar. 11, 1999; 64
FR 13345, Mar. 18, 1999; 64 FR 17550, Apr. 12, 1999; 64 FR 68292, Dec.
7, 1999; 65 FR 9222, Feb. 24, 2000; 65 FR 32031, May 22, 2000]
[[Page 558]]
Sec. 52.821 Classification of regions.
The Iowa plan was evaluated on the basis of the following
classification:
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------
Air quality control region Photochemical
Particulate Sulfur Nitrogen Carbon oxidants
matter oxides dioxide monoxide (hydrocarbons)
----------------------------------------------------------------------------------------------------------------
Metropolitan Omaha-Council Bluffs Interstate......... I II III III III
Metropolitan Sioux Falls Interstate.................. II III III III III
Metropolitan Sioux City Interstate................... III III III III III
Metropolitan Dubuque Interstate...................... I III III III III
Metropolitan Quad Cities Interstate.................. I III III III III
Burlington-Keokuk Interstate......................... I I III III III
Northwest Iowa Intrastate............................ III III III III III
North Central Iowa Intrastate........................ IA III III III III
Northeast Iowa Intrastate............................ I III III III III
Southwest Iowa Intrastate............................ III III III III III
South Central Iowa Intrastate........................ I III III III I
Southeast Iowa Intrastate............................ III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10865, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
Sec. 52.822 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Iowa's plan for the attainment and maintenance of the national
standards. Further, 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.
[45 FR 14567, Mar. 6, 1980, as amended at 46 FR 47546, Sept. 29, 1981]
Sec. 52.823 PM10 State Implementation Plan Development in
Group II Areas.
The Iowa Department of Natural Resources committed to comply with
the PM10 regulations as set forth in 40 CFR part 51. In a
letter to Morris Kay, EPA, dated October 28, 1988, Mr. Larry J. Wilson,
Director, Iowa Department of Natural Resources, stated:
Three groups within the State of Iowa have been classified as Group
II areas for fine particulate (PM-10) State Implementation Plan (SIP)
development purposes. This includes portions of the cities of Des
Moines, Mason City, and Cedar Rapids. The specific boundaries of these
areas were identified in a letter of October 13, 1987, from Peter R.
Hamlin to Carl Walter. The remainder of the State was classified as
Group III.
In accordance with the SIP development procedures identified in the
preamble of the PM-10 regulations for Implementing Revised Particulate
Matter Standards, promulgated July 1, 1987, the State of Iowa commits to
perform the following activities in these three Group II areas of the
state:
(a) Gather ambient PM-10 data, to an extent consistent with minimum
EPA requirements (note the network description contained in a letter of
January 26, 1988, from Peter R. Hamlin to John Helvig).
(b) Analyze and verify the ambient PM-10 data and report exceedances
of the 24-hour PM-10 National Ambient Air Quality Standards (NAAQS) to
the Regional Office within 60 days of each exceedance.
(c) Immediately notify the Regional Office:
(1) Upon the availability of an appropriate number of verifiable 24-
hour NAAQS exceedances to indicate a violation (see Section 2.0 of the
PM-10 SIP development guideline) or
(2) when an annual arithmetic mean (AAM) above the annual PM-10
NAAQS becomes available.
(d) Within thirty (30) days of any notification of the Regional
Office pursuant to (c) above (or upon collection of thirty-six (36)
months of PM-10 ambient air quality data acceptable to EPA, whichever
comes first) determine whether the measures in the existing SIP will
assure timely attainment and maintenance of the primary PM-10 NAAQS and
immediately notify the Regional Office of the results of this
determination.
(e) Within six (6) months of any notification pursuant to (d) above,
adopt and submit to EPA a PM-10 control strategy that assures attainment
as expeditiously as practicable but not later than three (3) years from
approval of the Committal SIP.
Because of the uncertainty about when the determination can be made
pursuant to (d)
[[Page 559]]
above, it is difficult to determine if that control strategy could
provide for the attainment of the PM-10 NAAQS within three years from
the date EPA approves thisCommittal SIP. Therefore, I reserve the right
to request a two-year extension of the attainment date as provided in
Section 110(e) of the Clean Air Act, if and when the State of Iowa
submits a SIP revision for any of these areas of the state.
The State of Iowa also commits to develop a PM-10 emission inventory
for the areas submitted as part of any PM-10 SIP pursuant to items (c),
(d), and (e) above. If the PM-10 NAAQS are not violated, the State of
Iowa will proceed with this inventory for the three Group II areas in
accordance with the following schedule:
October 1, 1988--Request special assistance funds from EPA to perform
the inventory.
October 1, 1989--Initiate inventory.
August 1, 1990--Complete inventory.
October 31, 1990*--Submit inventory as part of a determination of
adequacy that the current SIP will attain and maintain the PM-10 NAAQS.
---------------------------------------------------------------------------
*Presuming that sufficient ambient data acceptable to EPA are
collected by July 31, 1990, and available by September 30, 1990.
[54 FR 33539, Aug. 15, 1989]
Sec. 52.824 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the State of Iowa'' and all revisions submitted by Iowa that were
Federally approved prior to July 1, 1998.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c) and (d) of this section with an EPA approval date prior to August 1,
1999, was approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
Material is incorporated as it exists on the date of the approval, and
notice of any change in the material will be published in the Federal
Register. Entries in paragraphs (c) and (d) of this section with EPA
approval dates after August 1, 1999, will be incorporated by reference
in the next update to the SIP compilation.
(2) EPA Region VII certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated state rules/regulations
which have been approved as part of the SIP as of August 1, 1999.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region VII, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101; the Office of Federal Register, 800 North Capitol Street,
NW, Suite 700, Washington, DC; or at EPA Air and Radiation Docket and
Information Center, Air Docket (6102), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
(c) The plan revisions listed below were submitted on the dates
specified:
(1) Request for a two-year extension to meet the National Primary
and Secondary Ambient Air Quality Standards for nitrogen dioxide in the
Metropolitan Omaha-Council Bluffs Interstate Air Quality Control Region
was submitted by the Governor on January 27, 1972. (Non-regulatory)
(2) Revisions of Appendices D and G of the plan were submitted on
February 2, 1972, by the State Department of Health. (Non-regulatory)
(3) Source surveillance and record maintenance statements were
submitted on April 14, 1972, by the State Department of Health. (Non-
regulatory)
(4) Revised statement regarding public availability of emission data
was submitted on May 2, 1972, by the State Department of Health. (Non-
regulatory)
(5) State submitted Senate File 85 which created the Department of
Environmental Quality and replaced the Iowa air pollution control
statute which appeared as Chapter 136B of the Code of Iowa, on May 4,
1972. (Regulatory)
(6) A letter describing the issuance of a Certificate of Acceptance
for the local air pollution control programs conducted by the Linn
County Board of Health for the jurisdictions of the City of Cedar Rapids
and Linn County, and the Des Moines-Polk County Health Department for
the jurisdictions of the City of Des Moines and Polk County was
submitted by the State Department of Health on December 14, 1972. (Non-
regulatory)
[[Page 560]]
(7) Compliance schedules were submitted by the State in February
1973. (Regulatory)
(8) Compliance schedules were submitted by the State in May 1973.
(Regulatory)
(9) The State of Iowa High Air Pollution Episode Contingency Plan
was submitted on June 20, 1973, by the Governor.
(10) The letter which requested the inclusion of the Linn County
Health Department Rules and Regulations, the City of Cedar Rapids Air
Pollution Control Ordinance, the Polk County Rules and Regulations--Air
Pollution Control, and the City of Des Moines Air Pollution Control
Regulations in the State of Iowa implementation plan was submitted by
the State Department of Environmental Quality on June 25, 1974. (No
approval action was taken on the request because it did not meet the
procedural requirements specified in 40 CFR part 51.)
(11) Revisions of Rules 2.1, 3.1, 3.4, 4.1, 4.3(3) and 4.3(4) of the
Iowa Rules and Regulations Relating to Air Pollution Control were
submitted on April 24, 1974 (by the Governor's office). (No approval or
disapproval action was taken on amended Subrule 4.3(3)a., which
restricts emissions of sulfur oxides from fuel-burning sources.)
(Regulatory)
(12) Compliance schedules were submitted by the State in May 1974.
(13) Compliance schedules were submitted by the State in May 1974.
(14) Compliance schedules were submitted by the State in July 1974.
(15) Compliance schedules were submitted by the State in August
1974.
(16) A letter from the Director of the Department of Environmental
Quality, dated August 29, 1974, which requested that no further action
be taken on Subrule 4.3(3) a. as submitted on April 24, 1974.
(Regulatory)
(17) Compliance schedules were submitted by the State in September
1974.
(18) Compliance schedules were submitted by the State in November
1974.
(19) Compliance schedules were submitted by the State in February
1975.
(20) Compliance schedules were submitted by the State in April 1975.
(21) Compliance schedules were submitted by the State in June 1975.
(22) Revisions of Rules 1.2, 2.1, 3.1, 3.4, 4.1, 4.2, 4.3, 5.1, 7.1,
8.3 and 8.4 of the Iowa Rules and Regulations Relating to Air Pollution
Control were submitted on July 17, 1975, by the Governor's office.
(Regulatory) (No approval or disapproval action was taken on Subrules
4.3(2)c. or 4.3(3)b.)
(23) Summary of the public hearing which was held on the revised
rules which were submitted on July 17, 1975, by the Governor's office
was submitted by the Iowa Department of Environmental Quality on
September 3, 1975. (non-regulatory)
(24) Letter which withdrew amended Subrule 4.3(2)c. from the
proposed Iowa plan revision submitted on July 17, 1975, was submitted by
the Governor's office on January 20, 1976.
(25) Revisions to Rules 1.2, 2.1, 3.1, 3.2, 4.1, 4.3, 4.4, and new
Chapters 14 and 52 of the Iowa Administrative Code Relating to Air
Pollution Control were submitted June 9, 1976, by the Department of
Environmental Quality (Subrules 4.3(3)a(1) and 4. 3(3)a(5) were
disapproved).
(26) Additional air quality modeling to support the sulfur dioxide
emission standards of Subrules 4.3(3)a(1) and 4.3(3)a(2) was submitted
March 4, 1977, by the Department of Environmental Quality (Non-
regulatory).
(26a) Revisions of Rules 1.2, 4.3(2)b, 4.4(6), 4.4(12) and of
Chapter 7 of the Iowa Administrative Code relating to Air Pollution
Control were submitted June 20, 1977, by the Department of Environmental
Quality.
(27) Nonattainment plan provisions as required by the Clean Air Act
Amendments of 1977 were submitted on June 22, 1979, by the Department of
Environmental Quality. The submission included amended rule 4.3(2)
relating to fugitive dust and new rule 4.5 relating to offsets for
particulate matter. The revisions included attainment plans for
particulate in Mason City and Davenport, particulate and ozone in Cedar
Rapids and particulate and carbon monoxide in Des Moines. The submission
was disapproved in part for failure to meet the requirements of Section
173 and was conditionally approved with respect to several requirements.
(28) On October 8, 1979, the Iowa Department of Environmental
Quality
[[Page 561]]
submitted additional information to support the June 22, 1979,
submission.
(29) On November 16, 1979, the Iowa Air Quality Commission submitted
additional information and commitments to allow approval or conditional
approval of portions of the June 22, 1979, submission.
(30) Nonattainment plan provisions as required by the Clean Air Act
Amendments of 1977 were submitted on April 18, 1980, by the Department
of Environmental Quality. The submission included amended rule 4.3(2)
relating to fugitive dust and amended rule 3.5 relating to particulate
matter offsets. The revisions included plans to attain the secondary
particulate standards for all areas designated nonattainment as of March
6, 1980. The submission was conditionally approved with respect to
several requirements.
(31) The State of Iowa Lead State Implementation Plan was submitted
on August 19, 1980 by the Director of the Department of Environmental
Quality.
(32) Additional information to support the April 18, 1980 submission
was submitted on September 16, 1980, by the Department of Environmental
Quality.
(33) Additional information to support the April 18, 1980 submission
was submitted on November 17, 1980, by the Department of Environmental
Quality.
(34) A revised Chapter 5, dealing with excess emissions and
malfunctions was submitted on December 23, 1980, by the Department of
Environmental Quality.
(35) [Reserved]
(36) A letter was submitted dated January 19, 1981 by the Director
of the Department of Environmental Quality which provided additional
information concerning the Iowa Lead State Implementation Plan.
(37) A variance from 400--4.2(1) of the Iowa Administrative Code for
the Iowa Army Ammunition Plant at Middletown, Iowa, was submitted on
October 19, 1979 by the Executive Director.
(38) Revisions to Subrule 400--4.3(2)``c'' relating to fugitive
emissions control and a document describing how this subrule is to be
enforced were submitted on June 1, 1981, by the Department of
Environmental Quality.
(39) A schedule for studying nontraditional sources of particulate
matter and for implementing the results of the studies in the form of
control strategies was submitted on June 26, 1981 by the Department of
Environmental Quality. (Non-Regulatory).
(40) Revisions to Subrule 400--4.3(2)``b'' relating to particulate
emissions from fuel burning sources were submitted on July 31, 1981, by
the Department of Environmental Quality.
(41) The Iowa Ambient Air Monitoring Strategy was submitted July 15,
1981, by the Department of Environmental Quality (non-regulatory).
(42) A conditional permit containing an alternative emission
reduction program for the Progressive Foundry, Inc., of Perry, Iowa,
under 400-3.7 and 400-4.6 of the Iowa Administrative Code; and an
administrative order setting forth a compliance schedule, were submitted
on December 18, 1981, by the Executive Director. The conditional permit
specifies particulate emissions not to exceed 16.3 pounds per hour from
the gray iron cupola with a process weight rate not to exceed 8534
pounds per hour and specifies the casting shakeout exhaust system shall
not exceed 0.05 grains per standard cubic foot nor 12.8 pounds per hour
of particulate matter. The compliance schedule specifies a final
compliance date of September 1, 1983.
(43) On July 1, 1983, the State's air pollution control regulations
were recodified at Department 900, Title II, Chapters 20 through 29.
(44) Revised Chapter 22 regulations, dealing with new source review
in nonattainment areas, were submitted on July 18, 1984, by the Iowa
Department of Water, Air and Waste Management. Subrules 22.5(4) g, i,
and j remain unapproved. EPA will temporarily defer action on these
subrules pending a May 14, 1985, commitment from the State to submit
appropriate revisions.
(i) Incorporation by reference. Revised Chapter 22 regulations,
dealing with new source review in nonattainment areas, adopted by the
State on July 17, 1984.
(ii) Additional material. May 14, 1985, letter of commitment from
the State to revise unapprovable portions of their Chapter 22 air
pollution regulations.
(45) Revised Chapter 22 subrules 22.5(2) a and b; and revised
subrules 22.5(4) g, i, and j, all relating to new
[[Page 562]]
source review in nonattainment areas, were submitted on December 31,
1985, by the Iowa Department of Water, Air and Waste Management.
(a) Incorporation by reference.
(i) Revised Chapter 22 subrules 22.5(2) a and b; and subrules
22.5(4) g, i, and j, adopted by the State on December 17, 1985.
(ii) April 22, 1986, letter of commitment from the Iowa Department
of Water, Air and Waste Management to submit stack height regulations by
May 30, 1986, and to implement EPA's stack height requirements until
such time that the regulations are fully approved.
(46) Revised Chapter 22 regulations pertaining to new source review
in attainment and unclassified areas of the state (PSD) were submitted
on March 9, 1987, by the Iowa Department of Natural Resources.
(i) Incorporation by reference.
(A) Iowa Administrative Bulletin (ARC 7446), amendments to Chapter
22, ``Controlling Pollution,'' adopted by the Iowa Environmental
Protection Commission on February 17, 1987.
(B) Letter from Iowa dated April 22, 1987, committing to
implementation of its stack height regulations in a manner consistent
with EPA's stack height regulations with respect to new source review/
PSD regulations.
(47) Revised Chapters 22 and 23 regulations pertaining to stack
height credits for modeling purposes were submitted on May 20, 1986, by
the Iowa Department of Natural Resources. Revised definition of
``emission limitation'' and ``emission standard'' at Iowa regulation
567.20.2(455B), Definitions.
(i) Incorporation by reference.
(A) Iowa Administrative Bulletin (ARC 6566), amendments to Chapter
22, ``Controlling Pollution'' and Chapter 23, ``Emission Standards for
Contaminants'' adopted by the Iowa Environmental Protection Commission
on April 22, 1986, effective June 25, 1986.
(B) Iowa Administrative Bulletin (ARC 8023) amendment to 567-
20.2(455B). Effective September 22, 1987.
(48) Revised Chapter 22, subrule 22.1(2)``d'' exemptions from permit
requirements were submitted on September 13, 1988, by the Iowa
Department of Natural Resources. The revision clarifies permit
exemptions for certain grain roasting equipment.
(i) Incorporation by reference.
(A) Amendment to Chapter 22, ``Controlling Pollution,'' Iowa
Administrative Code, subrule 22.1(2)``d'', effective September 14, 1988.
(49) Revised Polk County, Iowa, Board of Health Rules and
Regulations, Chapter V, Air Pollution, submitted by the Iowa Department
of Natural Resources on February 3, 1988. EPA approves these regulations
with the provision that any operating permit which changes any
requirement of the Iowa SIP, including requirements in any construction
permit, must be submitted to EPA, and approved, as a SIP revision. In
the absence of such approval, the enforceable requirements shall be
those in the Iowa SIP.
(i) Incorporation by reference.
(A) Ordinance No. 28, Amendment to Polk County Board of Health Rules
and Regulations chapter V, Air Pollution, Article I, 5-1 and 5-2 (except
for variance); Article II, 5-3; and Article X, 5-28 through 5.50-1
(except for 5-49 and 5-50), effective October 8, 1987.
(ii) Additional material.
(A) None.
(50) Revised Linn County, Iowa, Chapter 10 Ordinance ``Air Pollution
Control'' submitted as a SIP revision by the Iowa Department of Natural
Resources on February 3, 1988. EPA approves these regulations with the
provision that any operating permit which changes any requirement of the
Iowa SIP, including requirements in any construction permit, must be
submitted to EPA, and approved, as a SIP revision. In the absence of
such approval, the enforceable requirements shall be those in the Iowa
SIP.
(i) Incorporation by reference.
(A) Linn County Chapter 10 Ordinance ``Air Pollution Control''
sections 10.1 (except for 10.1(50)), 10.2, 10.3, and 10.4, adopted by
the Linn County Board of Supervisors on September 2, 1987.
(ii) Additional material.
(A) None.
(51) Revised Iowa regulations pertaining to PM10 were
submitted by the state on October 28, 1988. These rules became effective
on December 21, 1988.
(i) Incorporation by reference.
[[Page 563]]
(A) Amended Iowa Administrative Code pertaining to the prevention,
abatement, and control of air pollution: Chapter 20, ``Scope of Title--
Definitions--Forms--Rules of Practice;'' Chapter 22, ``Controlling
Pollution;'' Chapter 26, ``Prevention of Air Pollution Emergency
Episodes;'' and Chapter 28, ``Ambient Air Quality Standards,'' effective
December 21, 1988.
(ii) Additional information.
(A) None.
(52) Revised chapter 22, subrule 22.4(1), submitted on May 7, 1990,
incorporates by reference revised EPA Modeling Guideline Supplement A,
July 1987, and recodified air quality rules chapter 20-29.
(i) Incorporation by reference.
(A) Amendment to chapter 22, ``Controlling Pollution,'' Iowa
Administrative Code, subrule 22.4(1). Effective March 14, 1990.
(B) Recodification of Iowa Administrative Code, title II--Air
Quality, chapters 20-29, effective December 3, 1986.
(53) Revised chapter 22, rule 22.4(455B), submitted on November 8,
1990, incorporates by reference revised EPA PSD rules pertaining to NO
x increments.
(i) Incorporation by reference.
(A) Amendment to chapter 22, ``Controlling Pollution,'' Iowa
Administrative Code, subrule 22.4, adopted by the Environmental
Protection Commission on October 17, 1990, effective November 21, 1990.
(ii) Additional material
(A) Letter from the state dated November 8, 1990, pertaining to NO
x rules and analysis which certifies the material was adopted
by the state on October 17, 1990.
(54) On March 13, 1991, the Iowa Department of Natural Resources
(IDNR) submitted a plan revision pertaining to major SO2
sources in Clinton County, Iowa.
(i) Incorporation by reference. (A) Administrative Consent Order
90-AQ-10, signed by Larry Wilson, Director, IDNR, dated July 5, 1990,
and revision dated March 25, 1991. Also, three letters to Archer-
Daniels-Midland (ADM) Company dated June 20, 1990, signed by Michael
Hayward, IDNR, which contain or reference new or revised permit
conditions for ADM sources, and a letter to ADM from IDNR dated February
26, 1991, correcting certain permit provisions.
(B) Administrative Consent Order 89-AQ-04, signed by Larry Wilson,
Director, IDNR, dated February 21, 1990. Also, two letters to Interstate
Power Company dated January 25 and 29, 1990, and signed by Michael
Hayward, IDNR, which contain supplemental permit condition for permits
74-A-117-S and 78-A-157-S.
(ii) Additional material. (A) Letter and supplemental material from
Larry J. Wilson to Morris Kay dated March 13, 1991.
(55) Revised Polk County, Iowa Board of Health Rules and
Regulations, chapter V, Air Pollution, submitted by the Iowa Department
of Natural Resources on May 23, 1991.
(i) Incorporation by reference. (A) Polk County Board of Health
Rules and Regulations, chapter V, Air Pollution, Ordinances 28, 72 and
85, effective May 1, 1991, except for the following: Article I,
definition of variance; Article VI, Section 5-16 (n), (o), and (p);
Article VI, Section 5-17(d), variance provision; Article VIII; Article
IX, Sections 5-27(3) and 5-27(4); and Article X, Division 5--Variance.
(ii) Additional material. (A) Letter from Allan Stokes to William A.
Spratlin dated October 23, 1991.
(56) Revised Chapter 23, rule 23.2, submitted on October 3, 1991,
incorporates changes to the open burning rule.
(i) Incorporation by reference.
(A) Amendment to Chapter 23, ``Emission Standards for Contaminants,
``Iowa Administrative Code, subrule 23.2, adopted by the Environmental
Protection Commission, effective September 12, 1990.
(ii) Additional information.
(A) Letter from Allan Stokes, IDNR, to William Spratlin, dated
October 3, 1991.
(57) On January 5, 1993, the Iowa Department of Natural Resources
(IDNR) submitted air quality rule revisions to Iowa Administrative Code,
Chapters 20, 22, 23, 24, 25, 29, and revisions to the Compliance
Sampling Manual.
(i) Incorporation by reference.
(A) Revisions to Chapter 20 (20.2), Scope of Title-Definitions-
Forms-Rules
[[Page 564]]
of Practice; Chapter 22 (22.3(1), 22.4, 22.5(2)), Controlling Pollution;
Chapter 23 (23.2(3), 23.3(2), 23.3(3), 23.4(12)), Emission Standards for
Contaminants; Chapter 24 (24.1(1), 24.1(5)), Excess Emission; Chapter
25, (25.1(7), 25.1(9)), Measurement of Emissions and rescind 25.1(10)d;
and Chapter 29 (29.1), Qualification in Visual Determination of the
Opacity of Emissions. These revisions were adopted by the Iowa
Environmental Protection Commission on December 21, 1992, and became
effective on February 24, 1993.
(ii) Additional material.
(A) Letter from Larry Wilson, IDNR, to Morris Kay, EPA, dated
January 5, 1993, and the Compliance Sampling Manual, revised December
1992.
(58) A plan for implementation of the Small Business Stationary
Source Technical and Environmental Compliance Assistance Program was
submitted by the Iowa Department of Natural Resources as a revision to
the Iowa SIP on December 22, 1992.
(i) Incorporation by reference.
(A) Revisions to the Iowa State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program dated December 1992.
(59) On May 5, 1994, the Director of the Iowa Department of Natural
Resources submitted revisions to the State Implementation Plan (SIP) to
update the state's incorporation by reference and conformity to various
federally approved regulations.
(i) Incorporation by reference.
(A) Revised rules, ``Iowa Administrative Code,'' effective January
12, 1994. This revision approves an amendment to paragraph 23.2(3)g
pertaining to open fires burned for the purpose of training fire-
fighting personnel.
(B) Revised rules, ``Iowa Administrative Code,'' effective April 20,
1994. This revision approves amendments to rules 22.4; 23.3(2)d (3) and
(4); 23.4(6); and 25.1(9). These rules concern the update of the state's
incorporation of prevention of significant deterioration and test method
requirements.
(ii) Additional material. None.
(60) On May 5, 1994, the Director of the Iowa Department of Natural
Resources submitted revisions to the State Implementation Plan (SIP) to
update the state's incorporation by reference and conformity to various
Federally approved regulations.
(i) Incorporation by reference.
(A) Revised rules, ``Polk County Ordinance No. 132--Polk County
Board of Health Rules and Regulations,'' effective December 2, 1993.
This revision approves all articles in Chapter V, except for Article VI,
Section 5-16(n) and (p), Article VIII, and Article XIII.
(ii) Additional material.
(A) None.
(61) On October 18, 1994, and January 26, 1995, the Director of the
Iowa Department of Natural Resources submitted revisions to the state
implementation plan (SIP) to include special requirements for
nonattainment areas, provisions for use of compliance, and enforcement
information and adoption of EPA definitions. These revisions fulfill
Federal regulations which strengthen maintenance of established air
quality standards.
(i) Incorporation by reference.
(A) Revised rules ``Iowa Administrative Code,'' effective November
16, 1994. This revision approves revised rules 567-20.2, 567-22.5(1)a,
567-22.5(1)f(2), 567-22.5(1)m, 567-22.5(2), 567-22.5(3), 567-22.5(4)b,
567-22.5(6), 567-22.5(7), 567-22.105(2), and new rule 567-21.5. These
rules provide for special requirements for nonattainment areas,
provisions for use of compliance and enforcement information and adopts
EPA's definition of volatile organic compound.
(B) Revised rules, ``Iowa Administrative Code,'' effective February
22, 1995. This revision approves new definitions to rule 567-20.2. This
revision adopts EPA's definitions of ``EPA conditional method'' and
``EPA reference method.''
(ii) Additional material.
None.
(62) [Reserved]
(63) On December 8, 1994; February 16, 1996; and February 27, 1996,
the Director of the Iowa Department of Natural Resources submitted
revisions to the State Implemenation Plan (SIP) to create a voluntary
operating permit program as an alternative to Title V. These revisions
strengthen maintenance of established air quality standards.
(i) Incorporation by reference.
[[Page 565]]
(A) ``Iowa Administrative Code,'' sections 567-22.200-22.208,
effective December 14, 1994. These rules create the voluntary operating
permit program.
(B) ``Iowa Administrative Code,'' sections 567-22.201(1)``a'' and
22.206(1)``h'', effective January 11, 1995.
(C) ``Iowa Administrative Code,'' section 567-22.203(1)``a''(1),
effective February 24, 1995.
(D) ``Iowa Administrative Code,'' sections 567-20.2; 22.200;
22.201(1)``a'' and ``b''; 22.201(2)``a''; and 22.206(2)``c'', effective
October 18, 1995.
(ii) Additional material.
(A) Letter from Allan E. Stokes, Iowa Department of Natural
Resources, to William A. Spratlin, U.S. EPA, dated February 16, 1995.
This letter outlines various commitments by the state to meet
requirements outlined by the EPA.
(64) In correspondence dated February 16, 1996, February 19, 1996,
and February 27, 1996, the Director of the Iowa Department of Natural
Resources (IDNR) submitted revisions to the State Implementation Plan
concerning open burning, new source review (NSR) requirements for
nonattainment areas, test method and definition updates.
(i) Incorporation by reference.
(A) ``Iowa Administrative Code,'' section 567-22.8(1), effective
July 12, 1995, containing a permit by rule for spray booths.
(B) ``Iowa Administrative Code,'' sections 567-23.2(3); 23.2(4),
effective April 19, 1995, addressing open burning.
(C) ``Iowa Administrative Code,'' sections 567-22.5 (2)-(6), (8)-
(10), effective March 20, 1996. These rules address NSR requirements in
nonattainment areas.
(D) ``Iowa Administrative Code,'' sections 567-20.2; 22.4(1); and
25.1(9), effective July 12, 1995. These rules address test method and
definition updates.
(E) ``Iowa Administrative Code,'' section 567-31.1, effective
February 22, 1995. This rule addresses permit requirements relating to
nonattainment areas.
(ii) Additional material.
(A) Letter dated July 11, 1997, from Pete Hamlin, IDNR, to Wayne
Leidwanger, EPA, requesting approval under 112(l).
(65) On June 13, 1996, and April 25, 1997, the Director of the Iowa
Department of Natural Resources (IDNR) submitted a revision to the State
Implementation Plan (SIP) which included permits containing source
specific emission limits and conditions for three sources in Muscatine,
Iowa.
(i) Incorporation by reference.
(A) Grain Processing Corporation permits 95-A-374, 74-A-015-S,
79-A-194-S, 79-A-195-S, signed September 18, 1995.
(B) Muscatine Power and Water permits 74-A-175-S, 95-A-373 signed
September 14, 1995.
(C) Monsanto Corporation permits 76-A-265S3, 76-A-161S3, signed
July 18, 1996.
(ii) Additional material.
(A) Letters from Allan E. Stokes, IDNR, to Dennis Grams,
Environmental Protection Agency, dated June 13, 1996, and April 21,
1997, containing supporting SIP information.
(66) On April 2, 1997, the Director of the Iowa Department of
Natural Resources submitted revisions to the State Implementation Plan
(SIP) for the State's two local agencies: the Polk County Public Works
Department and Linn County Health Department.
(i) Incorporation by reference.
(A) Revised rules, ``Polk County Board of Health Rules and
Regulations: Chapter V, Air Pollution,'' effective December 18, 1996.
This revision approves all articles insofar as they pertain to the SIP.
Article XIII is specifically excluded from this approval. No action is
taken on Sections 5-16(n), 5-16(p), 5-20, and 5-27(3) and (4).
(B) Revised rules, ``Linn County Air Pollution Control Code of
Ordinances,'' effective March 7, 1997. This revision approves all
sections insofar as they pertain to the SIP. Sections 10.4(1.), 10.11,
and 10.15 are specifically excluded from this approval. No action is
taken on Sections 10.9(2.), 10.9(3.), 10.9(4.), and the definition of
``federally enforceable'' in Section 10.2.
(ii) Additional material.
(A) Letter from Allan E. Stokes, Iowa Department of Natural
Resources, to William A. Spratlin, Environmental Protection Agency,
dated May 15, 1997. This letter provides additional information
regarding various administrative requirements outlined in 40 CFR part
51.
[[Page 566]]
(67) In correspondence dated Octoer 21, 1997, and January 21, 1998,
the Director of the Iowa Department of Natural Resources submitted
revisions to the State Implementation Plan.
(i) Incorporation by reference.
(A) ``Iowa Administrative Code'' sections567-22.8(1) ``b,'' ``c,''
and ``e,''567-22.203(1) ``a,'' 567-22.300, 567-22.300(1) through 567-
22.300(11), 567-23.3(2) ``d,'' and 567-29.1, effective June 12, 1996.
(B) ``Iowa Administrative Code''section 567-20.2, effective October
16, 1996.
(C) ``Iowa Administrative Code'' sectuibs 567-22.300(40 ``b''(1),
567-22.300(8) ``a''(1), and 567-22.300(8)``b''(2), effective December
25, 1996.(D) ``Iowa Administrative Code'' sections 567-20.2, 567-
22.2(1), 567-22.201(1) ``a,'' 567-22.201(2) ``b,'' 567-22.202, 567-
22.203(1), 567-22.300(3) ``b'' and ``c,'' 567-22.300(8) ``a,'' effective
May 14, 1997.
(ii) Additional material.
(A) ``Iowa Administrative Code'' section 567-23.1(5), Calculation of
emission limitations based upon stack height, was renumbered to section
567-23.1(6), effective August 20, 1997.
[37 FR 10865, May 31, 1972. Redesignated at 64 FR 7094, Feb. 12, 1999]
Editorial Note: For Federal Register citations affecting
Sec. 52.824, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Sec. 52.825 Compliance schedules.
(a) [Reserved]
(b) Regulation for increments of progress. (1) Except as provided in
paragraph (b)(2) of this section, the owner or operator of any
stationary source subject to regulation 4.3.(3)(b), ``Rules and
Regulations Relating to Air Pollution Control of the Iowa Air Pollution
Control Commission'' shall, no later than December 31, 1972, submit to
the Administrator for approval, a proposed compliance schedule that
demonstrates compliance with the applicable regulation as expeditiously
as practicable but no later than January 1, 1975. The compliance
schedule shall provide for periodic increments of progress towards
compliance. The dates for achievement of such increments shall be
specified. Increments of progress shall include, but not be limited to:
Letting of necessary contract for construction or process changes, if
applicable; initiation of construction; completion and start-up of
control system; performance tests; and submittal of performance test
analysis and results.
(2) Where any such owner or operator demonstrates to the
satisfaction of the Administrator that compliance with the applicable
regulations will be achieved on or before December 31, 1973, no
compliance schedule shall be required.
(3) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
(4) Any compliance schedule adopted by the State and approved by the
Administrator shall satisfy the requirements of this paragraph for the
affected source.
(c) The compliance schedules for the sources identified below are
approved as revisions to the plan pursuant to Sec. 51.104 and subpart N
of this chapter. All regulations cited are air pollution control
regulations of the State, unless otherwise noted.
Iowa
--------------------------------------------------------------------------------------------------------------------------------------------------------
Variance expiration
Source Location Regulation involved Date adopted date Final compliance date
--------------------------------------------------------------------------------------------------------------------------------------------------------
Iowa Army Ammunition Plant Middletown, Iowa...... 400--4.2(1)........... June 14, 1979........ Feb. 28, 1982........ Feb. 1982.
(explosive contaminated waste
burning).
Progressive Foundry, Inc., cupola Perry................. 400-4.6............... Nov. 6, 1981......... ..................... Sept. 1, 1983.
and casting shakeout area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note 1: Linn County Health Department does not issue variances if source(s) is on an approvable compliance schedule.
Note 2: Polk County Department of Health does not issue variances if source(s) is on an accepted and approved compliance schedule.
Note 3: City of Des Moines, Department of Public Health does not issue variances if source(s) is on an accepted and approved compliance schedule.
[[Page 567]]
[37 FR 10865, May 31, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.825, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Secs. 52.826-52.827 [Reserved]
Sec. 52.828 Enforcement.
(a) Sections 23(1)(b) and 13(7) of Senate File 85, Division II for
Iowa are disapproved insofar as they permit the Air Quality Commission
of the Iowa Department of Environmental Quality to issue abatement
orders (1) that defer compliance with plan requirements beyond the dates
required for attainment of the national standards, (2) without the
approval of the Administrator, and (3) for reasons not permitted by the
Clean Air Act.
(b) Regulation limiting administrative abatement orders:
(1) No order deferring compliance with a requirement of the Iowa
Implementation Plan shall be issued by the Air Quality Commission of the
Iowa Department of Environmental Quality which does not meet the
following requirements:
(i) An order must require compliance with the plan requirement
within the times and under the conditions specified in Sec. 51.261 (a)
and (b) of this chapter.
(ii) An order may not defer compliance beyond the last date
permitted by section 110 of the Act for attainment of the national
standard which the plan implements unless the procedures and conditions
set forth in section 110(f) of the Act are met.
(iii) An order shall not be effective until it has been submitted to
and approved by the Administrator in accordance with Secs. 51.104,
51.105, 51.261 and 51.262(a).
(2) Notwithstanding the limitations of paragraph (b)(1)(ii) of this
section, an order may be granted which provides for compliance beyond
the statutory attainment date for a national standard where compliance
is not possible because of breakdowns ormalfunctions of equipment, acts
of God, or other unavoidable occurrences. However, such order may not
defer compliance for more than three (3) months unless the procedures
and conditions set forth in section 110(f) of the Act are met.
[38 FR 30877, Nov. 8, 1973, as amended at 51 FR 40675, 40676, 40677,
Nov. 7, 1986; 52 FR 24367, June 30, 1987]
Secs. 52.829-52.832 [Reserved]
Sec. 52.833 Significant deterioration of air quality.
(a) The requirements of sections 160 through 165 of the Clean Air
Act are met, except for sources seeking permits to locate on Indian
lands in the state of Iowa; sources with permits issued by EPA prior to
the effective date of the state's rules; and certain sources affected by
the stack height rules described in a letter from Iowa dated April 22,
1987.
(b) Regulations for preventing significant deterioration of air
quality.
The provisions of Sec. 52.21 (b) through (w) are hereby incorporated
and made a part of the applicable state plan for the state of Iowa for
sources wishing to locate on Indian lands; sources constructed under
permits issued by EPA; and certain sources as described in Iowa's April
22, 1987, letter.
[52 FR 23982, June 26, 1987]
Sec. 52.834 Control strategy: Sulfur dioxide.
Approval--On April 21, 1997, the Iowa Department of Natural
Resources (IDNR) submitted a maintenance plan and redesignation request
for the Muscatine County nonattainment area. The maintenance plan and
redesignation request satisfy all applicable requirements of the Clean
Air Act.
[63 FR 13345, Mar. 19, 1998]
Subpart R--Kansas
Sec. 52.869 Identification of plan--Conditional approval.
Elements of the maintenance plan revision to the State
Implementation Plan (SIP) submitted by the Governor's designee on May
21, 1998, which address contingency measures for the Kansas
[[Page 568]]
City Ozone Maintenance Area are conditionally approved. This includes a
commitment to implement the additional reductions as expeditiously as
practicable. Full approval of the SIP is conditioned upon receipt of one
of the following by June 28, 2000: a request from the Governor of Kansas
to require the sale of Federal reformulated gasoline within the Kansas
portion of the Kansas City Maintenance Area; adopted regulations
implementing the contingency measures identified in the 1992 maintenance
plan, i.e., Stage II Vapor Recovery or an Enhanced Inspection and
Maintenance Program; or any combination of adopted regulations that will
achieve the minimum volatile organic compound reductions (8.4 tons per
day) required by the contingency measures identified in the 1992 SIP. In
the case of options 2 or 3, upon receipt of regulations implementing
these provisions and a request to amend the maintenance plan
accordingly, EPA will initiate a rulemaking on this subsequent revision.
If the state fails to submit one of the above requirements within the
time specified, the conditional approval automatically converts to a
disapproval without further regulatory action.
[64 FR 28761, May 27, 1999; 64 FR 32809, June 18, 1999]
Sec. 52.870 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable SIP
for Kansas under Section 110 of the CAA, 42 U.S.C. 7401 et seq. and 40
CFR Part 51 to meet NAAQS.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c), (d), and (e) of this section with an EPA approval date prior to
July 1, 1998, was approved for incorporation by reference by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and
1 CFR Part 51. Material is incorporated as it exists on the date of the
approval, and notice of any change in the material will be published in
the Federal Register. Entries in paragraphs (c), (d), and (e) of this
section with the EPA approval dates after July 1, 1998, will be
incorporated by reference in the next update to the SIP compilation.
(2) EPA Region VII certifies that the rules/regulations provided by
the EPA in the SIP compilation at the addresses in paragraph (b)(3) are
an exact duplicate of the officially promulgated state rules/regulations
which have been approved as part of the SIP as of July 1, 1998.
(3) Copies of the materials incorporated by reference may be
inspected at the Environmental Protection Agency, Region VII, Air
Planning and Development Branch, 726 Minnesota Avenue, Kansas City,
Kansas 66101; the Office of Federal Register, 800 North Capitol Street,
NW., Suite 700, Washington, DC; or at the EPA Air and Radiation Docket
and Information Center, Air Docket (6102), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
(c) EPA-approved regulations.
EPA--Approved Kansas Regulations
----------------------------------------------------------------------------------------------------------------
State
Kansas citation Title effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control
General Regulations
K.A.R. 28-19-6.................. Statement of Policy.... 1/1/72 5/31/72, 37 FR 10867 Kansas revoked this
rule 5/1/82.
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-8.................. Reporting Required..... 1/23/95 7/17/95, 60 FR 36361
K.A.R. 28-19-9.................. Time Schedule for 5/1/84 12/21/87, 52 FR 48265
Compliance.
K.A.R. 28-19-10................. Circumvention of 1/1/71 5/31/72, 37 FR 10867
Control Regulations.
K.A.R. 28-19-11................. Exceptions Due to 1/1/74 11/8/73, 38 FR 30867
Breakdowns or
Scheduled Maintenance.
K.A.R. 28-19-12................. Measurement of 1/1/71 5/31/72, 37 FR 10867
Emissions.
K.A.R. 28-19-13................. Interference with 1/1/74 11/8/73, 38 FR 30876
Enjoyment of Life and
Property.
K.A.R. 28-19-14................. Permits Required....... 1/24/94 7/17/95, 60 FR 36361
K.A.R. 28-19-15................. Severability........... 1/1/71 5/31/72, 37 FR 10867
----------------------------------------------------------------------------------------------------------------
[[Page 569]]
Nonattainment Area Requirements
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-16................. New Source Permit 10/16/89 1/16/90, 55 FR 1422
Requirements for
Designated
Nonattainment Areas.
K.A.R. 28-19-16a................ Definitions............ 10/10/97 1/11/00, 65 FR 1548
K.A.R. 28-19-16b................ Permit Required........ 10/16/89 1/16/90, 55 FR 1422
K.A.R. 28-19-16c................ Creditable Emission 10/16/89 1/16/90, 55 FR 1422 The EPA deferred
Reductions. action on the
state's current
definition of the
terms ``building,
structure,
facility, or
installation'';
``installation'';
and
``reconstruction.'
'
K.A.R. 28-19-16d................ Fugitive Emission 10/16/89 1/16/90, 55 FR 1422 ...................
Exemption.
K.A.R. 28-19-16e................ Relaxation of Existing 10/16/89 1/16/90, 55 FR 1422
Emission Limitations.
K.A.R. 28-19-16f................ New Source Emission 10/16/89 1/16/90, 55 FR 1422
Limits.
K.A.R. 28-19-16g................ Attainment and 10/16/89 1/16/90, 55 FR 1422
Maintenance of
National Ambient Air
Quality Standards.
K.A.R. 28-19-16h................ Compliance of Other 10/16/89 1/16/90, 55 FR 1422
Sources.
K.A.R. 28-19-16i................ Operating Requirements. 10/16/89 1/16/90, 55 FR 1422
K.A.R. 28-19-16j................ Revocation and 10/16/89 1/16/90, 55 FR 1422
Suspension of Permit.
K.A.R. 28-19-16k................ Notification 10/16/89 1/16/90, 55 FR 1422
Requirements.
K.A.R. 28-19-16l................ Failure to Construct... 10/16/89 1/16/90, 55 FR 1422
K.A.R. 28-19-16m................ Compliance with 10/16/89 1/16/90, 55 FR 1422
Provisions of Law
Required.
----------------------------------------------------------------------------------------------------------------
Attainment Area Requirements
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-17................. Prevention of 6/8/92 1/12/93, 58 FR 3847 The EPA retained
Significant PSD permit
Deterioration of Air authority for
Quality. Indian lands.
K.A.R. 28-19-17a................ Incorporation of 6/8/92 1/12/93, 58 FR 3847
Federal Regulation by
Reference.
K.A.R. 28-19-17b................ Definitions............ 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17c................ Ambient Air Increments. 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17d................ Ambient Air Ceilings... 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17e................ Stack Height........... 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17f................ Review of Major 6/8/92 1/12/93, 58 FR 3847
Stationary Sources and
Major Modifications,
Source Applicability,
and Exemptions.
K.A.R. 28-19-17g................ Control Technology 6/8/92 1/12/93, 58 FR 3847
Review.
K.A.R. 28-19-17h................ Source Impact Analysis. 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17i................ Air Quality Models..... 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17j................ Air Quality Analysis... 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17k................ Source Information..... 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17l................ Additional Impact 6/8/92 1/12/93, 58 FR 3847
Analysis.
K.A.R. 28-19-17m................ Sources Affecting 6/8/92 1/12/93, 58 FR 3847
Federal Class I Areas.
K.A.R. 28-19-17n................ Revocation and 6/8/92 1/12/93, 58 FR 3847
Suspension of Permit.
K.A.R. 28-19-17o................ Public Participation... 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17p................ Source Obligation...... 6/8/92 1/12/93, 58 FR 3847
K.A.R. 28-19-17q................ Innovative Control 6/8/92 1/12/93, 58 FR 3847
Technology.
----------------------------------------------------------------------------------------------------------------
Stack Height Requirements
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-18................. Stack Heights.......... 5/1/88 4/20/89, 54 FR 15934 The state
regulation has
stack height
credit. The EPA
has not approved
that part.
K.A.R. 28-19-18b................ Definitions............ 5/1/88 4/20/89, 54 FR 15934
K.A.R. 28-19-18c................ Methods for Determining 5/1/88 4/20/89 54 FR 15934
Good Engineering
Practice Stack Height.
K.A.R. 28-19-18d................ Fluid Modeling......... 5/1/88 4/20/89, 54 FR 15934
K.A.R. 28-19-18e................ Relaxation of Existing 5/1/88 4/20/89, 54 FR 15934
Emission Limitations.
K.A.R. 28-19-18f................ Notification 5/1/88 4/20/89, 54 FR 15934
Requirements.
----------------------------------------------------------------------------------------------------------------
[[Page 570]]
Continuous Emission Monitoring
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-19................. Continuous Emission 6/8/92 1/12/93, 58 FR 3847
Monitoring.
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-21................. Additional Emission 10/16/89 1/16/90, 55 FR 1422
Restrictions.
K.A.R. 28-19-22................. Sulfur Compound 1/1/72 11/8/73, 38 FR 30876
Emissions.
K.A.R. 28-19-23................. Hydrocarbon Emissions-- 12/27/72 11/8/73, 38 FR 30876
Stationary Sources.
K.A.R. 28-19-24................. Control of Carbon 1/1/72 11/8/73, 38 FR 30876
Monoxide Emissions.
----------------------------------------------------------------------------------------------------------------
Indirect Heating Equipment Emissions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-30................. General Provisions..... 1/1/72 5/31/72, 37/FR 10867
K.A.R. 28-19-31................. Emission Limitations... 11/8/93 10/18/94, 59 FR 52425
K.A.R. 28-19-32................. Exemptions--Indirect 11/8/93 10/18/94, 59 FR 52425
Heating Equipment.
----------------------------------------------------------------------------------------------------------------
Incinerator Emissions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-40................. General Provisions..... 1/1/71 5/31/72, 37 FR 10867
K.A.R. 28-19-41................. Restriction of Emission 12/27/72 11/8/73, 38 FR 30876
K.A.R. 28-19-42................. Performance Testing.... 1/1/72 11/8/73, 38 FR 30876
K.A.R. 28-19-43................. Exceptions............. 1/1/71 5/31/72, 37 FR 10867
----------------------------------------------------------------------------------------------------------------
Opacity Restrictions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-52................. Exceptions............. 1/1/72 5/31/72, 37 FR 10867
----------------------------------------------------------------------------------------------------------------
Air Pollution Emergencies
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-55................. General Provisions..... 1/1/72 5/31/72, 37 FR 10867
K.A.R. 28-19-56................. Episode Criteria....... 10/16/89 1/16/90, 55 FR 1422
K.A.R. 28-19-57................. Emission Reduction 1/1/72 5/31/72, 37 FR 10867
Requirements.
K.A.R. 28-19-58................. Emergency Episode Plans 1/1/72 5/31/72, 37 FR 10867
----------------------------------------------------------------------------------------------------------------
Volatile Organic Compound Emissions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-61................. Definitions............ 10/7/91 6/23/92, 57 FR 27936
K.A.R. 28-19-62................. Testing Procedures..... 10/7/71 6/23/92, 57 FR 27936
K.A.R. 28-19-63................. Automobile and Light 11/8/93 10/18/94, 59 FR 52425
Duty Truck Surface
Coating.
K.A.R. 28-19-64................. Bulk Gasoline Terminals 5/1/88 5/18/88, 53 FR 17000
K.A.R. 28-19-65................. Volatile Organic 5/1/88 5/18/88, 53 FR 17700
Compounds (VOC) Liquid
Storage in Permanent
Fixed Roof Type Tanks.
K.A.R. 28-19-66................. Volatile Organic 5/1/88 5/18/88, 53 FR 17700
Compounds (VOC) Liquid
Storage in External
Floating Roof Tanks.
K.A.R. 28-19-67................. Petroleum Refineries... 5/1/86 1/2/87, 52 FR 53
K.A.R. 28-19-68................. Leaks from Petroleum 5/1/86 1/2/87, 52 FR 53
Refinery Equipment.
K.A.R. 28-19-69................. Cutback Asphalt........ 5/1/88 5/18/88, 53 FR 17700
K.A.R. 28-19-70................. Leaks from Gasoline 5/15/98 1/11/00, 65 FR 1548
Delivery Vessels and
Vapor Collection
Systems.
K.A.R. 28-19-71................. Printing Operations.... 5/1/88 5/18/88, 53 FR 17700
K.A.R. 28-19-72................. Gasoline Dispensing 5/1/88 5/18/88, 53 FR 17700
Facilities.
K.A.R. 28-19-73................. Surface Coating of 6/8/92 1/12/93, 58 FR 3847
Miscellaneous Metal
Parts and Products and
Metal Furniture.
K.A.R. 28-19-74................. Wool Fiberglass 5/1/88 5/18/88, 53 FR 17700
Manufacturing.
K.A.R. 28-19-75................. Solvent Metal Cleaning. 5/1/88 5/18/88, 53 FR 17700
K.A.R. 28-19-76................. Lithography Printing 10/7/91 6/23/92, 57 FR 27936
Operations.
K.A.R. 28-19-77................. Chemical Processing 10/7/91 6/23/92, 57 FR 27936
Facilities That
Operate Alcohol Plants
or Liquid Detergent
Plants.
K.A.R. 28-19-79................. Fuel Volatility........ 5/2/97 7/7/97, 62 FR 36212
----------------------------------------------------------------------------------------------------------------
General Provisions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-200................ General Provisions; 10/10/97 1/11/00, 65 FR 1548 New rule. Replaces
definitions. K.A.R. 28-19-7
definitions.
[[Page 571]]
K.A.R. 28-19-201................ General Provisions; 10/10/97 1/11/00, 65 FR 1548 New rule. Replaces
Regulated Compounds Regulated
List. Compounds in
K.A.R. 28-19-7.
K.A.R. 28-19-204................ Permit Issuance and 1/23/95 7/17/95, 60 FR 36361
Modification; Public
Participation.
K.A.R. 28-19-210................ Calculation of Actual 11/22/93 01/11/00, 65 FR 1548
Emissions.
K.A.R. 28-19-212................ Approved Test Methods 1/23/95 7/17/95, 60 FR 36361
and Emission
Compliance
Determination
Procedures.
----------------------------------------------------------------------------------------------------------------
Construction Permits And Approvals
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-300................ Applicability.......... 1/23/95 7/17/95, 60 FR 36361
K.A.R. 28-19-301................ Application and 1/23/95 7/17/95, 60 FR 36361
Issuance.
K.A.R. 28-19-302................ Additional Provisions; 1/23/95 7/17/95, 60 FR 36361
Construction Permits.
K.A.R. 28-19-303................ Additional Provisions; 1/23/95 7/17/95, 60 FR 36361
Construction Approvals.
K.A.R. 28-19-304................ Fees................... 1/23/95 7/17/95, 60 FR 36361
----------------------------------------------------------------------------------------------------------------
General Permits
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-400................ General Requirements... 1/23/95 7/17/95, 60 FR 36361
K.A.R. 28-19-401................ Adoption by the 1/23/95 7/17/95, 60 FR 36361
Secretary.
K.A.R. 28-19-402................ Availability of Copies; 1/23/95 7/17/95, 60 FR 36361
Lists of Sources to
Which Permits Issued.
K.A.R. 28-19-403................ Application to 1/23/95 7/17/95, 60 FR 36361
Construct or Operate
Pursuant to Terms of
General Permits.
K.A.R. 28-19-404................ Modification, 1/23/95 7/17/95, 60 FR 36361
Revocation.
----------------------------------------------------------------------------------------------------------------
Operating Permits
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-500................ Applicability.......... 1/23/95 7/17/95, 60 FR 36361
K.A.R. 28-19-501................ Emissions Limitations 1/23/95 7/17/95, 60 FR 36361
and Pollution Control
Equipment for Class I
and Class II Operating
Permits; Conditions.
K.A.R. 28-19-502................ Identical Procedural 1/23/95 7/17/95, 60 FR 36361
Requirements.
----------------------------------------------------------------------------------------------------------------
Class II Operating Permits
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-540................ Applicability.......... 1/23/95 7/17/95, 60 FR 36361
K.A.R. 28-19-541................ Application Timetable 1/23/95 7/17/95, 60 FR 36361
and Contents.
K.A.R. 28-19-542................ Permit-by-Rule......... 1/23/95 7/17/95, 60 FR 36361
K.A.R. 28-19-543................ Permit Term and 1/23/95 7/17/95, 60 FR 36361
Content; Operational
Compliance.
K.A.R. 28-19-544................ Modification of Sources 1/23/95 7/17/95, 60 FR 36361
or Operations.
K.A.R. 28-19-545................ Application Fee........ 1/23/95 7/17/95, 60 FR 36361
K.A.R. 28-19-546................ Annual Emission 1/23/95 7/17/95, 60 FR 36361
Inventory.
K.A.R. 28-19-561................ Permit-by-Rule; 1/23/95 7/17/95, 60 FR 36361
Reciprocating Engines.
K.A.R. 28-19-562................ Permit-by-Rule; Organic 1/23/95 7/17/95, 60 FR 36361
Solvent Evaporative
Sources.
K.A.R. 28-19-563................ Permit-by-Rule; Hot Mix 1/23/95 7/17/95, 60 FR 36361
Asphalt Facilities.
----------------------------------------------------------------------------------------------------------------
Open Burning Restrictions
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-645................ Open Burning Prohibited 3/1/96 10/2/96, 61 FR 51366
K.A.R. 28-19-646................ Responsibility for Open 3/1/96 10/2/96, 61 FR 51366
Burning.
K.A.R. 28-19-647................ Exceptions to 3/1/96 10/2/96, 61 FR 51366
Prohibition on Open
Burning.
K.A.R. 28-19-648................ Agricultural Open 3/1/96 10/2/96, 61 FR 51366
Burning.
K.A.R. 28-19-650................ Emissions Opacity 3/1/96 1/11/00, 65 FR 1548 New rule. Replaces
Limits. K.A.R. 28-19-50
and 28-19-52.
----------------------------------------------------------------------------------------------------------------
Conformity
----------------------------------------------------------------------------------------------------------------
K.A.R. 28-19-800................ General Conformity of 3/15/96 10/2/96, 61 FR 51366
Federal Actions.
----------------------------------------------------------------------------------------------------------------
Wyandotte County
----------------------------------------------------------------------------------------------------------------
2A-1............................ Jurisdiction........... 5/1/81 4/3/81, 46 FR 20164
2A-2............................ Purpose................ 5/1/81 4/3/81, 46 FR 20164
2A-3............................ Definitions............ 5/1/81 4/3/81, 46 FR 20164
[[Page 572]]
2A-4............................ Powers of the Board.... 5/1/81 4/3/81, 46 FR 20164
2A-5............................ Facts and Circumstances 5/1/81 4/3/81, 46 FR 20164
Pertinent to Orders of
Joint Board.
2A-6............................ Right of Entry for 5/1/81 4/3/81, 46 FR 20164
Inspection.
2A-7............................ Time for Compliance 5/1/81 4/3/81, 46 FR 20164
Schedule.
2A-8............................ Variance............... 5/1/81 4/3/81, 46 FR 20164
2A-9............................ Circumvention of 5/1/81 4/3/81, 46 FR 20164
Chapter or Regulations.
2A-10........................... Air Pollution Nuisances 5/1/81 4/3/81, 46 FR 20164
Prohibited; Additional
Emission Restrictions;
Interference with the
Enjoyment of Life and
Property.
2A-11........................... Reserved...............
2A-12........................... Confidential 5/1/81 4/3/81, 46 FR 20164
Information.
2A-13........................... Registration and Permit 5/1/81 4/3/81, 46 FR 20164
Systems; Exemptions.
2A-14........................... Review of New or 5/1/81 4/3/81, 46 FR 20164
Altered Sources.
2A-15........................... Public Hearings........ 5/1/81 4/3/81, 46 FR 20164
2A-16........................... Installations in Which 5/1/81 4/3/81, 46 FR 20164
Fuel Is Burned.
2A-17........................... Restriction of Emission 5/1/81 4/3/81, 46 FR 20164
of Particulate Matter.
2A-18........................... Open Burning 5/1/81 4/3/81, 46 FR 20164
Restrictions.
2A-19........................... Opacity Requirements... 5/1/81 4/3/81, 46 FR 20164
2A-20........................... Exceptions Due To 5/1/81 4/3/81, 46 FR 20164
Breakdowns or
Scheduled Maintenance.
2A-21........................... Preventing Particulate 5/1/81 4/3/81, 46 FR 20164
from Becoming Airborne.
2A-22........................... Measurement of 5/1/81 4/3/81, 46 FR 20164
Emissions.
2A-23........................... Restrictions of 5/1/81 4/3/81, 46 FR 20164
Emissions of Odors.
2A-24........................... Sulfur Compound 5/1/81 4/3/81, 46 FR 20164
Emissions.
2A-25........................... Control of Carbon 5/1/81 4/3/81, 46 FR 20164
Monoxide Emissions.
2A-26........................... Control of Nitrogen 5/1/81 4/3/81, 46 FR 20164
Oxide Emissions.
2A-27........................... Air Pollution 5/1/81 4/3/81, 46 FR 20164
Emergencies--General
Provisions.
2A-28........................... Same--Episode Criteria. 5/1/81 4/3/81, 46 FR 20164
2A-29........................... Emission Reduction 5/1/81 4/3/81, 46 FR 20164
Requirements.
2A-30........................... Emergency Episode Plans 5/1/81 4/3/81, 46 FR 20164
2A-31........................... Penalties for Violation 5/1/81 4/3/81, 46 FR 20164
of Chapter or Air
Pollution Control
Regulations.
2A-32........................... Conflict of Ordinances, 5/1/81 4/3/81, 46 FR 20164
Effect of Partial
Invalidity.
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific permits.
EPA-Approved Kansas Source-Specific Permits
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit effective EPA approval date Comments
No. date
----------------------------------------------------------------------------------------------------------------
Board of Public Utilities, Quindaro 2090048 10/20/93 10/18/94, 59 FR 52425
Power Station.
Board of Public Utilities, Kaw Power 2090049 10/20/93 10/18/94, 59 FR 52425
Station.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory provisions and quasi-regulatory measures.
EPA-Approved Kansas Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of nonregulatory SIP geographic or submittal EPA approval date Comments
provision Nonattainment area date
----------------------------------------------------------------------------------------------------------------
Implementation Plan for Statewide........... 1/31/72 5/31/72, 37 FR 10867
Attainment and Maintenance of
the National Air Quality
Standards.
Comments on the Plan in Response Kansas City......... 3/24/72 6/22/73, 38 FR 46565 Correction notice
to EPA Review. published 3/2/76
Emergency Episode Operations/ Kansas City......... 4/6/72 11/8/73, 38 FR 30876 Correction notice
Communications Manual. published 3/2/76
Emergency Episode Operations/ Statewide except 2/15/73 11/8/73, 38 FR 30876 Correction notice
Communications Manual. Kansas City. published 3/2/76
Letter Concerning Attainment of Kansas City......... 5/29/73 11/8/73, 38 FR 30876 Correction notice
CO Standards. published 3/2/76
[[Page 573]]
Amendment to State Air Quality Statewide........... 7/27/73 11/8/73, 38 FR 30876 Correction notice
Control Law Dealing with Public published 3/2/76.
Access to Emissions Data.
Analysis and Recommendations Statewide........... 2/28/74 3/2/76, 41 FR 8960
Concerning Designation of Air
Quality Maintenance Areas.
Ozone Nonattainment Plan......... Kansas City......... 9/17/79 4/3/81, 46 FR 20165
Ozone Nonattainment Plan......... Douglas County...... 10/22/79 4/3/81, 46 FR 20165
TSP Nonattainment Plan........... Kansas City......... 3/10/80 4/3/81, 46 FR 20165
Lead Plan........................ Statewide........... 2/17/81 10/22/81, 46 FR 51742
CO Nonattainment Plan............ Wichita............. 4/16/81 12/15/81, 46 FR 61117
Air Monitoring Plan.............. Statewide........... 10/16/81 1/22/82, 47 FR 3112
Letter and Supporting Kansas City......... 9/15/81 6/18/82, 47 FR 26387 Correction notice
Documentation Relating to published 1/12/84.
Reasonably Available Control
Technology for Certain
Particulate Matter Sources.
Letter Agreeing to Follow EPA Statewide........... 6/20/84 12/11/84, 49 FR 48185
Interim Stack Height Policy for
Each PSD Permit Issued Until EPA
Revises the Stack Height
Regulations.
Letters Pertaining to Permit Fees Statewide........... 3/27/86 12/21/87, 52 FR 48265
9/15/87
Revisions to the Ozone Attainment Kansas City......... 7/2/86 5/18/88, 53 FR 17700
Plan. 4/16/87
8/18/87
8/19/87
1/6/88
Revised CO Plan.................. Wichita............. 3/1/85 10/28/88, 53 FR 43691
9/3/87
Letter Pertaining to the Statewide........... 1/6/88 11/25/88, 53 FR 47690
Effective Date of Continuous
Emission Monitoring Regulations.
Letters Pertaining to New Source Statewide........... 3/27/86 4/20/89, 54 FR 15934
Permit Regulations, Stack Height 12/7/87
Regulations, and Stack Height 1/6/88
Analysis and Negative
Declarations.
PM10 Plan........................ Statewide........... 10/5/89 1/16/90, 55 FR 1422
10/16/89
Ozone Maintenance Plan........... Kansas City......... 10/23/91 6/23/92, 57 FR 27936
Letter Pertaining to PSD NOx Statewide........... 9/15/92 1/12/93, 58 FR 3847
Requirements.
Small Business Assistance Plan... Statewide........... 1/25/94 5/12/94, 59 FR 24644.
Letter Regarding Compliance Kansas City......... 12/11/92 10/18/94, 59 FR 52425
Verification Methods and
Schedules Pertaining to the
Board of Public Utilities Power
Plants.
Emissions Inventory Update Kansas City......... 5/11/95 4/25/96, 59 FR 52425
Including a Motor Vehicle
Emissions Budget.
----------------------------------------------------------------------------------------------------------------
[64 FR 7098, Feb. 12, 1999, as amended at 65 FR 1547, Jan. 11, 2000; 65
FR 39551, June 27, 2000]
Sec. 52.871 Classification of regions.
The Kansas 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)
----------------------------------------------------------------------------------------------------------------
Metropolitan Kansas City Interstate.................. I III III I I
South Central Kansas Intrastate...................... I III III III I
Northeast Kansas Intrastate.......................... I III III III III
[[Page 574]]
Southeast Kansas Intrastate.......................... III III III III III
North Central Kansas Intrastate...................... I III III III III
Northwest Kansas Intrastate.......................... I III III III III
Southwest Kansas Intrastate.......................... I III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10867, May 31, 1972]
Sec. 52.872 Operating permits.
Emission limitations and related provisions which are established in
Kansas 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
underlying regulations.
[60 FR 36364, July 17, 1995]
Sec. 52.873 Approval status.
(a) The Kansas 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 Kansas' ozone maintenance
plan for the Kansas City metropolitan area.
(b) [Reserved]
(c) The Administrator approves Rule K.A.R. 28-19-31 as identified at
Sec. 52.870(c)(29), with the understanding that any alternative
compliance plans issued under this rule must be approved by EPA as
individual SIP revisions.
[37 FR 10867, May 31, 1972, as amended at 46 FR 20170, Apr. 3, 1981; 46
FR 61118, Dec. 15, 1981; 57 FR 27939, June 23, 1992; 59 FR 52427, Oct.
18, 1994; 61 FR 16061, Apr. 11, 1996]
Sec. 52.874 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met
since authority to make emission data available to the public is
inadequate. Kansas Statutes Annotated 65-3015 would require confidential
treatment if the data related to processes or production unique to the
owner or would tend to affect adversely the competitive position of the
owner.
(b) The requirements of Sec. 51.232(b) of this chapter are not met
since the following deficiencies exist in the local agency legal
authority:
(1) Kansas City, Kans.-Wyandotte County Health Department. (i)
Authority to make emission data available to the public is inadequate
because the Kansas Statutes Annotated 65-3016 provides a designated
local air quality conservation authority with the same authority as the
State (Sec. 51.230(f) of this chapter).
(2) Topeka-Shawnee County Health Department. (i) Authority to make
emission data available to the public is inadequate because the Kansas
Statutes Annotated 65-3016 provides a designated air quality
conservation authority with the same authority as the State
(Sec. 51.230(f) of this chapter).
(3) Wichita-Sedgwick County Health Department. (i) Authority to make
emission data available to the public is inadequate because the Kansas
Statutes Annotated 65-3016 provides a designated local air quality
conservation
[[Page 575]]
authority with the same authority as the State (Sec. 51.230(f) of this
chapter).
(c) 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.
[37 FR 10867, May 31, 1972, as amended at 39 FR 7281, Feb. 25, 1974; 51
FR 40676, Nov. 7, 1986]
Sec. 52.875 Original identification of plan section.
(a) This section identifies the original ``Air Quality
Implementation Plan for the State of Kansas'' and all revisions
submitted by Kansas that were Federally approved prior to July 1, 1998.
(b) The plan was officially submitted on January 31, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Various comments on the plan in response to the Regions review
were submitted on March 24, 1972, by the State Department of Health.
(Non-regulatory)
(2) The Emergency Episode Operations/Communications Manual for the
Kansas City Interstate AQCR was submitted on April 6, 1972, by the State
Department of Health. (Non-regulatory)
(3) Emergency Episode Operations/Communications Manual for all
Kansas Intrastate AQCR's was submitted on February 15, 1973, by the
State Department of Health. (Non-regulatory)
(4) Revisions of sections 28-19-6 through 15, 20-24, 30-32, 40-47,
50-52 and 55-58 of the State air pollution control regulations were
submitted by the State Department of Health on April 17, 1973.
(5) Letter from the Governor, dated May 29, 1973, concerning the
attainment of CO emission standards. (Non-regulatory)
(6) An amendment to the State air quality control law, Senate Bill
No. 30, dealing with public access to emission data was submitted on
July 27, 1973, by the Governor.
(7) Revisions of sections 28-19-8, 9, 14, 22, 25 and and 47 of the
State air pollution control regulations were submitted on February 6,
1974, by the Governor.
(8) Copy of the State's analysis and recommendations concerning the
designation of Air Quality Maintenance Areas was submitted by letter
from the State Department of Health on February 28, 1974. (Non-
regulatory)
(9) Kansas submitted State Implementation Plan (SIP) revisions to
attain the National Ambient Air Quality Standards on September 17, 1979
for Wyandotte and Johnson Counties, on October 22, 1979 for Douglas
County, and on March 10, 1980 for Kansas City of the state designated
nonattainment areas under section 107 of the Clean Air Act as amended in
1977. On September 22 and 25, 1980, the state submitted revised
regulations on the control of volatile organic compounds and a
regulation on the new source permit review program. Included in the plan
are the following approved state air pollution control regulations:
(i) The VOC regulations which EPA approved as RACT: 28-19-61
Definitions, 28-19-62 Testing Procedures, 28-19-63 Automobile and Light
Duty Trunk Surface Coating, 28-19-65 Petroleum Liquid Storage Tanks, 28-
19-66 Petroleum Liquid Storage in External Floating Roof Tanks, 28-19-67
Petroleum Refineries, 28-19-68 Leaks from Petroleum Refinery Equipment,
28-19-69 Cutback Asphalt.
(ii) The New Source Permit Review regulation 28-19-16 through 16m
which EPA conditionally approved as meeting the requirements of sections
172(b)(6); 172(b)(11)(A), and 173.
(iii) The Kansas City-Wyandotte County air pollution control
regulations which have been adopted by both the Kansas City, Kansas
Board of City Commissioners and the Wyandotte County Board of County
Commissioners:
2A-1 Jurisdiction, 2A-2 Purpose, 2A-3 Definitions, 2A-4 Powers of
the Board, 2A-5 Facts and Circumstances Pertinent to Orders of Joint
Board, 2A-6 Right of Entry for Inspection, 2A-7 Time for Compliance
Schedule,
[[Page 576]]
2A-8 Variance, 2A-9 Circumvention of Chapter or Regulations, 2A-10 Air
Pollution Nuisances Prohibited; Additional Emission Restrictions;
Interference with the Enjoyment of Life and Property, 2A-11 Reserved,
2A-12 Confidential Information, 2A-13 Registration and Permit System;
Exemptions, 2A-14 Review of New or Altered Sources, 2A-15 Public
Hearings, 2A-16 Installations in which Fuel is Burned, 2A-17 Restriction
of Emission of Particulate Matter from Industrial Processes, 2A-18 Open
Burning Prohibition, 2A-19 Opacity Requirements, 2A-20 Exceptions Due to
Breakdowns or Scheduled Maintenance, 2A-21 Preventing Particulate Matter
from Becoming Air-Borne, 2A-22 Measurement of Emissions, 2A-23
Restriction of Emission of Odors, 2A-24 Sulfur Compound Emissions, 2A-
24.1 Hydrocarbon Emissions; Stationary Sources, 2A-25 Control of Carbon
Monoxide Emissions, 2A-26 Control of Nitrogen Oxide Emissions, 2A-26.1
Incinerators, 2A-27 Air Pollution Emergencies--General Provisions, 2A-28
Air Pollution Emergencies--Episode Criteria, 2A-29 Emission Reduction
Requirements, 2A-30 Emergency Episode Plans, 2A-31 Penalties for
Violation of Chapter or Air Pollution Control Regulations, and 2A-32
Conflict of Ordinances, Effect Partial Invalidity.
(10) The Kansas State Implementation Plan for lead was submitted on
February 17, 1981, by the Governor of Kansas, along with a submittal
letter which provided additional information concerning the Kansas State
Implementation Plan for lead.
(11) Kansas submitted SIP revisions to attain and maintain the
National Ambient Air Quality Standards for carbon monoxide on April 16,
1981, for the South Central Kansas Interstate Air Quality Control
Region, Wichita nonattainment area. The plan included commitments to
complete transportation control measures for the reduction of carbon
monoxide from transportation related sources for the attainment of the
national standards by December 31, 1982.
(12) A plan revision which makes modifications to the existing
Kansas air quality surveillance network was submitted by the Kansas
Department of Health and Environment on October 16, 1981.
(13) Additional information to correct two plan deficiencies was
submitted by the Kansas Department of Health and Environment on May 12,
1981.
(14) Letter and supporting documents submitted on September 15,
1981, from the Director of Air Quality and Occupational Health relating
to reasonably available control technology for certain particulate
matter sources in the Kansas City, Kansas area.
(15) New regulations 28-19-70 and 28-19-62 applicable to tank trucks
operating at bulk gasoline terminals were submitted by the Kansas
Department of Health and Environment on June 15, 1982. State regulation
28-19-51 is revoked. Revised regulations 28-19-16, 28-19-16a, 28-19-16b,
28-19-16c, 28-19-16f, 28-19-16g, 28-19-16h, and 28-19-16i, applicable to
new sources in nonattainment areas were included with the June 15, 1982
submittal. Action is deferred on the following regulations: 28-19-
16a(d), 28-19-16a(v), 28-19-16, 28-19-16b, 28-19-16c, 28-19-16f, 28-19-
16h, 28-19-16i, and 28-19-16a(o). The remainder of the provisions are
approved.
(16) New regulations K.A.R. 28-19-17 through K.A.R. 28-19-171
applicable to stationary sources subject to prevention of significant
deterioration (PSD) permit requirements were submitted on May 5, 1983.
Regulation K.A.R. 28-19-171 pertaining to the use of innovative control
technology is not approved. By letter dated June 20, 1984, the State of
Kansas agrees to follow the EPA interim stack height policy for each PSD
permit issued until such time as EPA revises its general stack height
regulations.
(17) Revised regulation K.A.R. 28-19-69, applicable to the use of
cutback asphalt, was submitted by the Secretary of the Kansas Department
of Health and Environment on February 21, 1986.
(i) Incorporation by reference.
(A) Revised regulation K.A.R. 28-19-69 as approved by the Kansas
Attorney General on December 5, 1985.
(18) Revised regulations K.A.R. 28-19-63 applicable to automobile
and light-duty truck surface coating; K.A.R. 28-19-64 applicable to bulk
gasoline terminals; K.A.R. 28-19-67 applicable to petroleum refineries;
and K.A.R. 28-19-68 applicable to leaks at petroleum refineries, were
submitted by the Secretary of the Kansas Department of Health and
Environment on February 21, 1986.
(i) Incorporation by reference. (A) Revised regulations K.A.R. 28-
19-63,
[[Page 577]]
K.A.R. 28-19-64, K.A.R. 28-19-67, and K.A.R. 28-19-68 as approved by the
Kansas Attorney General on October 30, 1985.
(19) Revised Kansas regulations pertaining to fees for permits to
construct and operate were submitted by the Kansas Department of Health
and Environment on March 27, 1986.
(i) Incorporation by reference.
(A) Kansas Administrative Regulations (KAR) 28-19-7, 28-19-8, 28-19-
9, 28-19-14, 14(a) and 14(b), 28-19-31, 28-19-45, which became effective
on May 1, 1986.
(B) Letter of March 27, 1986 to EPA from the State of Kansas
Department of Health and Environment.
(C) Letter of September 15, 1987 to EPA from the State of Kansas
Department of Health and Environment.
(20) Revisions to the ozone attainment plan for the Kansas City
metropolitan area were submitted by the Governor on July 2, 1986.
Pursuant to this plan, revised regulations for the control of volatile
organic compound emissions were submitted by the Secretary of the Kansas
Department of Health and Environment on January 6, 1988. In numerous
instances, the revised Kansas regulations provide for departmental
discretion to approve compliance plans and test methods which are
alternatives to the EPA reference methods. EPA approves these
regulations with the understanding that all such alternative compliance
plans and test methods must be submitted to EPA, and approved, as
individual SIP revisions. In the absence of such approval, the
enforceable requirements of the SIP shall be the emission limits or
reduction requirements stated in the regulations. Also, the Kansas
regulations contain provisions whereby testing is required when the
facility intends to demonstrate compliance by improved operations or new
emission controls, yet no test procedures are specified. Examples of
such provisions are transfer efficiency (TE) and vapor processing
systems. Test methods which are developed by the state must be approved
by EPA before facilities may demonstrate compliance through alternative
controls and/or TE.
(i) Incorporation by reference.
(A) Revised regulations K.A.R. 28-19-8, Reporting required; K.A.R.
28-19-61, Definitions; K.A.R. 28-19-62, Testing procedures; K.A.R. 28-
19-63, Automobile and light-duty truck surface coating; K.A.R. 28-19-64,
Bulk gasoline terminals; K.A.R. 28-19-65, VOC liquid storage in
permanent fixed roof type tanks; K.A.R. 28-19-66, VOC liquid storage in
external floating roof tanks; K.A.R. 28-19-69, Cutback asphalt; K.A.R.
28-19-70, Leaks from gasoline delivery vessels and vapor collection
systems; K.A.R. 28-19-71, Printing operations; K.A.R. 28-19-72, Gasoline
dispensing facilities; K.A.R. 28-19-73, Surface coating of miscellaneous
metal parts and products and metal furniture; K.A.R. 28-19-74, Wool
fiberglass manufacturing; and K.A.R. 28-19-75, Solvent metal cleaning.
Temporary versions of these regulations are effective December 16, 1987,
through April 30, 1988. The permanent regulations are effective May 1,
1988.
(B) Letter of January 6, 1988, from the Secretary of the Kansas
Department of Health and Environment. This letter establishes the
effective dates for the revised regulations referenced in subparagraph
(20)(i)(A) above.
(ii) Additional material.
(A) State of Kansas Implementation Plan, Part A--Kansas City
Metropolitan Area, Ozone, dated June 1986, submitted by the Governor on
July 2, 1986. The plan contains an attainment demonstration, emissions
inventories, and a control strategy.
(B) Supplemental information, pursuant to the above referenced plan,
was submitted on August 19, 1987.
(C) Negative declarations for certain VOC source categories were
submitted on April 16 and August 18, 1987.
(21) Revised Kansas regulations applicable to air quality models and
definitions were submitted by the Kansas Department of Health and
Environment on January 6, 1988.
(i) Incorporation by reference.
(A) Kansas Administrative Regulations (K.A.R.) 28-19-17(f) and 28-
19-7 (a) through (f) and (h) through (w) which became effective December
16, 1987. EPA is deferring action on 28-19-7(g), Emission Limitation and
Standard.
(22) On March 1, 1985, the Governor of Kansas submitted a revised
carbon monoxide state implementation plan for Wichita, Kansas. On
September 3,
[[Page 578]]
1987, the Kansas Department of Health and Environment submitted two new
transportation control measures as part of the revised Wichita carbon
monoxide control plan.
(i) Incorporation by reference. (A) Letter of September 3, 1987,
from the Kansas Department of Health and Environment and attached
transportation control measures adopted August 18, 1987.
(B) Revision of the Wichita-Sedgwick County Portion of the Kansas
State Implementation Plan for Carbon Monoxide submitted by the Governor
on March 1, 1985. The plan contains an attainment demonstration,
emissions inventory, and a control strategy.
(23) Kansas Administrative Regulations (K.A.R.) 28-19-19(a) through
28-19-19(o) pertaining to continuous emission monitoring at certain
stationary sources were submitted on January 6, 1988, by the Kansas
Department of Health and Environment. K.A.R. 28-19-19(o) allows for
departmental discretion on use of different but equivalent procedures
than those specified in 28-19-19(a) through 28-19-19(n). EPA approves
this rule with the understanding that all such equivalent procedures and
requirements must be submitted to EPA as individual SIP revisions. In
the absence of such approval, the enforceable provisions of K.A.R. 28-
19-19(a) through 28-19-19(n) shall be applicable.
(i) Incorporation by reference. (A) K.A.R. 28-19-19(a) through 28-
19-19(o), continuous emission monitoring, as submitted by the Secretary
of the Kansas Department of Health and Environment. These regulations
became effective on May 1, 1988.
(B) Letter of January 6, 1988, from the Secretary of the Kansas
Department of Health and Environment. This letter establishes the
effective date for the revised regulations referenced in paragraph
(23)(i)(A) of this section.
(24) Revised regulations K.A.R. 28-19-7(g), K.A.R. 28-19-16, and
K.A.R. 28-19-17 pertaining to new source permit requirements, were
submitted by the Secretary of the Kansas Department of Health and
Environment on March 27, 1986. Revised regulation K.A.R. 28-19-18
pertaining to stack heights was submitted by the Secretary of the Kansas
Department of Health and Environment on January 6, 1988.
(i) Incorporation by reference.
(A) Revised regulations, K.A.R. 28-19-16, 28-19-16b, 28-19-16d, 28-
19-16g, 28-19-16i, 28-19-161, 28-19-17, 28-19-17a, and 28-19-17b, which
became effective on May 1, 1986.
(B) Revised regulations K.A.R. 28-19-7(g), and K.A.R. 28-19-18
through 28-19-18f. The temporary regulations became effective December
16, 1987, and became permanently effective on May 1, 1988.
(ii) Additional material.
(A) KDHE letter of March 27, 1986, to EPA pertaining to new source
permit regulations.
(B) KDHE letter of January 6, 1988, and June 9, 1988, to EPA
pertaining to stack height regulations.
(C) KDHE letters of December 7, 1987, and December 23, 1987,
pertaining to the state's stack heights analysis and negative
declarations.
(25) Revised Kansas Administrative Regulations (K.A.R.) pertaining
to PM10 regulations and the PM10 committal SIP
were submitted by Kansas on October 5, 1989.
(i) Incorporation by reference. (A) Revised regulations Article 19--
Ambient Air Quality Standards and Air Pollution Control, K.A.R. 28-19-7,
28-19-8, 28-19-14, 28-19-16a, 28-19-17a, 28-19-17b, 28-19-17c, 28-19-
17g, 28-19-17i, 28-19-20, 28-19-21, and 28-19-56, published August 31,
1989, effective October 16, 1989.
(ii) Additional material. (A) Letter of October 5, 1989, from the
Secretary of the Kansas Department of Health and Environment (KDHE).
(B) Memorandum of October 16, 1989, from the Secretary of State
(Kansas) to Stanley Grant (KDHE).
(C) Revised Air Quality Surveillance Monitoring Plan--Section E.
(26) Revisions to the state implementation plan for the Kansas City
metropolitan area were submitted by the Governor on October 23, 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 23, 1991.
(i) Incorporation by reference,
(A) Article 19--Ambient Air Quality Standards and Air Pollution
Control,
[[Page 579]]
revised Kansas Administrative Regulations (K.A.R.) 28-19-61,
Definitions, and K.A.R. 28-19-62, Testing procedures; and new rules
K.A.R. 28-19-76, Lithography printing facilities, and K.A.R. 28-19-77,
Chemical processing facilities that operate alcohol plants or liquid
detergent plants. These rules were published August 22, 1991, and became
effective October 7, 1991.
(ii) Additional material
(A) State of Kansas Implementation Plan, Kansas City Metropolitan
Area Maintenance Provisions, October 1991.
(27) On September 15, 1992, the Secretary of KDHE submitted rule
revisions to K.A.R. 28-19-17, the PSD rule; to K.A.R. 28-19-19, the CEM
rule; and to K.A.R. 28-19-73, a surface coating rule. These rule
revisions were adopted by KDHE on April 3, 1992.
(i) Incorporation by reference,
(A) Revised regulations K.A.R. 28-19-17 through 28-19-171, K.A.R.
28-19-19 and K.A.R. 28-19-73, and new regulations K.A.R. 28-19-17m
through 28-19-17q, effective June 8, 1992.
(ii) Additional material.
(A) Letter and attachment from KDHE dated September 15, 1992
pertaining to PSD NOx requirements.
(28) A plan for implementation of the Small Business Stationary
Source Technical and Environmental Compliance Assistance Program was
submitted by the Kansas Department of Health and Environment as a
revision to the Kansas State Implementation Plan (SIP) on January 25,
1994.
(i) Incorporation by reference.
(A) Kansas SIP, Small Business Stationary Source Technical and
Environmental Compliance Assistance Program, dated November 15, 1993.
(29) On May 16, 1994 the Secretary of KDHE submitted revisions to
rules K.A.R. 28-19-31, 28-19-32, 28-19-63, and operating permits
20090048 (BPU Quindaro station) and 20090049 (BPU Kaw station).
(i) Incorporation by reference.
(A) Revised regulations K.A.R. 28-19-31, K.A.R. 28-19-32, K.A.R. 28-
19-63, effective November 8, 1993.
(B) Operating permits; Kansas City, Kansas, Board of Public
Utilities Quindaro permit 20090048, and Kaw permit 20090049, effective
October 20, 1993.
(ii) Additional material.
(A) Letter from BPU to KDHE dated December 11, 1992, regarding
compliance verification methods and schedules.
(30) On February 17, 1995, the Secretary of the Kansas Department of
Health and Environment (KDHE) submitted for approval numerous rule
revisions which add and revise definitions, revise the Kansas
construction permit program, and create a class II operating permit
program.
(i) Incorporation by reference.
(A) Revised rules K.A.R. 28-19-7 effective November 22, 1993; K.A.R.
28-19-8 effective January 23, 1995; K.A.R. 28-19-14 effective January
24, 1994; and the revocation of K.A.R. 28-19-14a effective January 23,
1995; and the revocation of K.A.R. 28-19-14b effective January 24, 1994.
(B) New rules K.A.R. 28-19-204, 212, 300, 301, 302, 303, 304, 400,
401, 402, 403, 404, 500, 501, 502, 540, 541, 542, 543, 544, 545, 546,
561, 562, and 563 effective January 23, 1995.
(31) On May 11, 1995, the Kansas Department of Health and
Environment 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 State Implementation Plan
Revision: Emissions Inventories and Motor Vehicle Emissions Budgets for
the Kansas City Metropolitan Area, adopted on May 11, 1995.
(32) A Plan revision was submitted by the Kansas Department of
Health and Environment (KDHE) on June 6, 1996, which incorporates by
reference the EPA's regulations relating to determining conformity of
general Federal actions to State or Federal Implementation Plans, and
which revokes old and adopts new open burning regulations.
(i) Incorporation by reference.
(A) Regulation K.A.R. 28-19-800, adopted by the Secretary of the
KDHE on February 21, 1996, effective March 15, 1996.
[[Page 580]]
(B) Regulations K.A.R. 28-19-645 to K.A.R. 28-19-648, adopted by the
Secretary of KDHE on February 6, 1996, effective March 1, 1996.
(C) Regulations K.A.R. 28-19-45 to K.A.R. 28-19-47, revoked by the
Secretary of KDHE on February 6, 1996, effective March 1, 1996.
(33) A revision to the Kansas SIP was submitted by the Kansas
Department of Health and Environment on May 23, 1997, pertaining to fuel
volatility.
(i) Incorporation by reference.
(A) K.A.R. 28-19-79, Fuel Volatility, effective May 2, 1997.
(d) Plan revisions were submitted on April 17, 1974, and February
17, 1974.
[37 FR 10867, May 31, 1972. Redesignated at 64 FR 7097, Feb. 12, 1999]
Editorial Note: For Federal Register citations affecting
Sec. 52.875, see the List of CFR Sections Affected, which appears in the
Finding Aids sections of the printed volume and on GPO Access.
Sec. 52.876 Compliance schedules.
(a) The requirements of Sec. 51.260 and of Sec. 51.15(a)(2) of this
chapter as of September 19, 1976 (40 FR 43216), are not met since the
plan does not contain legally enforceable compliance schedules setting
forth the dates by which all stationary sources or categories of such
sources must be in compliance with applicable portions of the control
strategy. Paragraphs C and D of Kansas Regulation 28-19-9 specify that
all sources not in compliance must submit an acceptable compliance
schedule within 120 days after receiving notification from the State.
There are no assurances that all sources will be notified by the State
in a timely manner, therefore, paragraphs C and D of Regulation 28-19-9
are disapproved.
(b) Federal compliance schedule. (1) Except as provided in paragraph
(2) of this paragraph (b), the owner or operator of any stationary
source subject to any emission regulation which is part of the approved
plan shall be in compliance on or before January 31, 1974.
(i) Any owner or operator in compliance with any such applicable
regulation on the effective date of this paragraph shall certify such
compliance to the Administrator no later than December 31, 1972.
(ii) Any owner or operator who achieves compliance with any such
applicable regulation after the effective date of this paragraph shall
certify such compliance to the Administrator within 5 days of the date
compliance is achieved.
(2) An owner or operator of a stationary source subject to any
emission regulation approved by the Administrator may no later than
December 31, 1972, submit to the Administrator for approval a proposed
compliance schedule that demonstrates compliance with such regulation as
expeditiously as practicable, but no later than July 31, 1975. The
compliance schedule shall provide for periodic increments of progress
toward compliance. The dates for achievement of such increments shall be
specified. Increments of progress shall include, but not be limited to:
Letting of necessary contracts for construction or process changes, if
applicable; initiation of construction; completion and startup of
control systems; performance tests; and submittal of performance test
analysis and results.
(3) Any owner or operator who submits a compliance schedule pursuant
to this paragraph shall, within 5 days after the deadline for each
increment of progress, certify to the Administrator whether or not the
required increment of the approved compliance schedule has been met.
(4) Any compliance schedule adopted by the State and approved by the
Administrator shall satisfy the requirements of this paragraph for the
affected source.
(c) State compliance schedules. (1) [Reserved]
(2) The compliance schedules identified below are disapproved as not
meeting the requirements of Sec. 51.102 or subpart N of this chapter.
All regulations cited are air pollution control regulations of the
state, unless otherwise noted.
[[Page 581]]
Kansas
----------------------------------------------------------------------------------------------------------------
Source Location Regulation involved Date adopted
----------------------------------------------------------------------------------------------------------------
Chanute Manufacturing Co., Inc.: sand Chanute................ 28-19-50............... Dec. 14, 1973.
blasting.
Kansas City Power & Light, coal LaCygne................ 28-19-50............... Nov. 22, 1974.
transfer houses.
Pence Food Center, incinerator....... Chanute................ 28-19-40............... Do.
Rodney Milling Co.:
``A'' house gallery and tunnel Topeka................. 28-19-50............... Do.
system.
``B'' & ``C'' house gallery........ ......do............... 28-19-50............... Do.
Western Alfalfa Corp., alfalfa Deerfield.............. 28-19-20............... Do.
dehydrator.
Do............................... Tice................... 28-19-20............... Do.
Pence Food Center, incinerator....... Humboldt............... 28-19-40............... Do.
Sherwin-Williams Chemicals, Ozark Coffeyville............ 28-19-50B.............. Oct. 8, 1974.
P.M. Mill.
Continental Grain Co., rail car Hutchinson............. 28-19-50............... Aug. 15, 1974.
loading.
Far-Mar-Co, Inc., headhouse cyclones. Topeka................. 28-19-50............... Sept. 5, 1974.
Do............................... Hutchinson............. 28-19-50............... Aug. 15, 1974.
Western Iron & Foundry, cupola....... Wichita................ 28-19-20A, 28-19-50A... Oct. 4, 1974.
Kansas Army Ammunition Plant, open Parsons................ 28-19-45............... Jan. 24, 1975.
burning.
Reid Grain, headhouse................ Goodland............... 28-19-50............... Do.
Sherwin-Williams Chemicals, black ash Coffeyville............ 28-19-50A.............. Do.
kiln.
Cooperative Farm Chemicals, No. 1 NH4 Lawrence............... 28-19-20............... Mar. 28, 1975.
NO399-percent evaporator and
prilling tower.
Sherwin-Williams Chemical Co., ozide Coffeyville............ 28-19-50A.............. Do.
calciner exhaust.
Kaw Dehydrating Co., alfalfa Lawrence............... 28-19-20............... Do.
dehydrator.
Empire Dist. Electric Co.: Boilers Riverton............... 28-19-31C.............. May 23, 1975.
Nos. 7 and 8.
Gulf Oil Chemicals Co.: Coal-fired Pittsburg.............. 28-19-31............... Do.
boiler.
Kansas City Power & Light: Main La Cygne............... 28-19-31B.............. Do.
boiler.
Mid-America Dairymen: Spray dryers Sabetha................ 28-19-20............... Do.
Nos. 1 and 2.
Tower Metal Products: Reverberatory Fort Scott............. 28-19-50A.............. Do.
furnace C.
U.S. Steel--Universal Atlas Cement... Independence...........
Clay storage bin................... ....................... 28-19-50A.............. Do.
Stone storage bin.................. ....................... 28-19-50A.............. Do.
Krupp Ball Mill No. 2................ ....................... 28-19-50A.............. Do.
Krupp Ball Mill No. 3................ ....................... 28-19-50A.............. Do.
----------------------------------------------------------------------------------------------------------------
[37 FR 19809, Sept. 22, 1972]
Editorial Note: For Federal Register citations affecting
Sec. 52.876, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Secs. 52.877-52.880 [Reserved]
Sec. 52.881 PM10 State implementation plan development in
group II areas.
The state has submitted a committal SIP for Kansas City, Kansas. The
committal SIP contains all the requirements identified in the July 1,
1987, promulgation of the SIP requirements for PM10 at 52 FR
24681, except the state will report the PM10 data which
exceed the standard within 60 days of the exceedance, rather than 45
days.
[55 FR 1423, Jan. 16, 1990]
Secs. 52.882-52.883 [Reserved]
Sec. 52.884 Significant deterioration of air quality.
(a) The requirements of section 160 through 165 of the Clean Air
Act, as amended are met; except that:
(1) EPA retains PSD permit authority for Indian lands in the State
of Kansas.
[49 FR 48186, Dec. 11, 1984, as amended at 54 FR 15935, Apr. 20, 1989;
58 FR 3848, Jan. 12, 1993]
Subpart S--Kentucky
Sec. 52.920 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan for Kentucky under section 110 of the Clean Air Act,
42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality
standards.
(b) Incorporation by reference. (1) Material listed in paragraph (c)
of this section with an EPA approval date prior to March 1, 1999, was
approved for incorporation by reference by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR
[[Page 582]]
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 paragraph (c) of this section with EPA
approval dates after March 1, 1999, will be incorporated by reference in
the next update to the SIP compilation.
(2) EPA Region 4 certifies that the rules/regulations provided by
EPA in the SIP Compilation at the addresses in paragraph (b)(3) are an
exact duplicate of the officially promulgated State rules/regulations
which have been approved as part of the State Implementation Plan as of
March 1, 1999.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 4 EPA Office at 61 Forsyth Street, SW., Atlanta,
GA 30303; the Office of Federal Register, 800 North Capitol Street, NW.,
Suite 700, Washington, DC; or at the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC
20460.
(c) EPA approved regulations.
EPA-Approved Kentucky Regulations for Kentucky
----------------------------------------------------------------------------------------------------------------
State EPA
Regulation Title/subject effective approval Federal Register
date date Notice
----------------------------------------------------------------------------------------------------------------
Chapter 50 General Administrative Procedures
----------------------------------------------------------------------------------------------------------------
401 KAR 50:005............... General application.............. 06/06/79 07/12/82 47 FR 30059
401 KAR 50:010............... Definitions and abbreviations.... 06/06/96 01/21/97 62 FR 2916
401 KAR 50:012............... General application.............. 11/12/97 07/24/98 63 FR 39739
401 KAR 50:015............... Documents incorporated by 09/26/88 02/07/90 55 FR 4169
reference.
401 KAR 50:020............... Air quality control regions...... 06/06/79 07/12/82 47 FR 30059
401 KAR 50:025............... Classification of counties....... 06/01/83 04/02/96 61 FR 14489
401 KAR 50:030............... Registration of sources.......... 06/06/79 07/12/82 47 FR 30059
401 KAR 50:032............... Prohibitory rule for hot mix 04/13/98 03/10/00 65 FR 12950
asphalt plants.
401 KAR 50:035............... Permits.......................... 09/28/94 08/27/95 60 FR 49775
401 KAR 50:040............... Air quality models............... 06/06/79 07/12/82 47 FR 30059
401 KAR 50:042............... Good engineering practice stack 06/10/86 09/04/87 52 FR 33592
height.
401 KAR 50:045............... Performance test................. 06/06/79 07/12/82 47 FR 30059
401 KAR 50:047............... Test procedures for capture 06/24/92 06/23/94 59 FR 32343
efficiency.
401 KAR 50:050............... Monitoring....................... 06/06/79 07/12/82 47 FR 30059
401 KAR 50:055............... General compliance requirements.. 08/22/82 05/04/89 54 FR 19169
401 KAR 50:060............... Enforcement...................... 06/06/79 07/12/82 47 FR 30059
401 KAR 50:065............... Conformity of general federal 09/11/95 07/27/98 63 FR 40044
actions.
----------------------------------------------------------------------------------------------------------------
Chapter 51 New Source Requirements; Non-Attainment Areas
----------------------------------------------------------------------------------------------------------------
401 KAR 51:001............... Definitions and abbreviations of 06/06/96 01/21/97 62 FR 2916
terms used in title 401, chapter
51.
401 KAR 51:005............... Purpose and general provision.... 06/06/79 07/12/82 47 FR 30059
401 KAR 51:010............... Attainment status designations... 11/12/97 07/24/98 63 FR 39739
401 KAR 51:017............... Prevention of significant 03/12/97 07/24/98 63 FR 39741
deterioration of air quality.
401 KAR 51:052............... Review of new sources in or 02/08/93 06/23/94 59 FR 32343
impacting upon nonattainment
areas.
----------------------------------------------------------------------------------------------------------------
Chapter 53 Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
401 KAR 53:005............... General provisions............... 04/14/88 02/07/90 55 FR 4169
401 KAR 53:010............... Ambient air quality standard..... 04/14/88 02/07/90 55 FR 4169
----------------------------------------------------------------------------------------------------------------
Chapter 55 Emergency Episodes
----------------------------------------------------------------------------------------------------------------
401 KAR 55:005............... Significant harm criteria........ 04/14/88 02/07/90 55 FR 4169
401 KAR 55:010............... Episode criteria................. 04/14/88 02/07/90 55 FR 4169
401 KAR 55:015............... Episode declaration.............. 06/06/79 01/25/80 45 FR 6092
401 KAR 55:020............... Abatement strategies............. 06/06/79 01/25/80 45 FR 6092
----------------------------------------------------------------------------------------------------------------
Chapter 59 New Source Standards
----------------------------------------------------------------------------------------------------------------
401 KAR 59:001............... Definitions & abbreviations used 06/06/96 01/21/97 62 FR 2916
in title 401, chapter 59.
401 KAR 59:005............... General provisions............... 12/01/82 12/04/86 51 FR 43742
401 KAR 59:010............... New process operations........... 04/14/88 02/07/90 55 FR 4169
401 KAR 59:015............... New indirect heat exchangers..... 01/07/81 03/22/83 48 FR 11945
401 KAR 59:020............... New incinerators................. 01/07/81 07/12/82 47 FR 30059
401 KAR 59:046............... Selected new petroleum refining 06/29/79 07/07/81 46 FR 40188
processes and equipment.
401 KAR 59:050............... New storage vessels for petroleum 02/04/81 03/30/83 48 FR 13168
Liquids.
401 KAR 59:080............... New kraft (sulfate) pulp mills... 06/06/79 01/25/80 45 FR 6092
[[Page 583]]
401 KAR 59:085............... New sulfite pulp mills........... 06/06/79 07/12/82 47 FR 30059
401 KAR 59:090............... New ethylene producing plants.... 06/06/79 07/12/82 47 FR 30059
401 KAR 59:095............... New oil-effluent water separators 06/06/79 08/07/81 46 FR 40188
401 KAR 59:101............... New bulk gasoline plants......... 09/28/94 06/28/96 61 FR 33674
401 KAR 59:105............... New process gas steams........... 04/07/82 03/22/83 48 FR 11945
401 KAR 59:174............... Stage II controls at gasoline 01/12/98 12/08/98 63 FR 67586
dispensing facilities.
401 KAR 59:175............... New service stations............. 02/08/93 06/23/94 59 FR 32343
401 KAR 59:185............... New solvent metal cleaning 06/24/92 06/23/94 59 FR 32343
equipment.
401 KAR 59:190............... New insulation of magnet wire 06/24/92 06/23/94 59 FR 32343
operations.
401 KAR 59:210............... New fabric, vinyl and paper 06/24/92 06/23/94 59 FR 32343
surface coating operations.
401 KAR 59:212............... New graphic arts facilities using 06/24/92 06/23/94 59 FR 32343
rotogravure and flexography.
401 KAR 59:214............... New factory surface coating 06/24/92 06/23/94 59 FR 32343
operations of flat wood paneling.
401 KAR 59:225............... New miscellaneous metal parts and 06/24/92 06/23/94 59 FR 32343
products surface coating
operations.
401 KAR 59:230............... New synthesized pharmaceutical 06/24/92 06/23/94 59 FR 32343
product manufacturing operations.
401 KAR 59:235............... New pneumatic rubber tire 02/04/81 03/30/83 48 FR 12168
manufacturing plants.
401 KAR 59:240............... New perchloroethylene dry 06/24/92 06/23/94 59 FR 32343
cleaning systems.
401 KAR 59:315............... Specific new sources............. 06/24/92 06/23/94 59 FR 32343
----------------------------------------------------------------------------------------------------------------
Chapter 61 Existing Source Standards
----------------------------------------------------------------------------------------------------------------
401 KAR 61:001............... Definitions & abbreviations of 06/06/96 06/19/97 62 FR 2916
terms used in 401KAR chapter 61.
401 KAR 61:005............... General provisions............... 12/01/82 05/04/89 54 FR 19169
401 KAR 61:010............... Existing incinerators............ 06/06/79 05/04/89 54 FR 19169
401 KAR 61:015............... Existing indirect heat exchangers 04/01/84 04/02/96 61 FR 14489
401 KAR 61:020............... Existing process operations...... 04/14/88 02/07/90 55 FR 4169
401 KAR 61:025............... Existing kraft (sulfate) pulp 06/06/79 05/26/82 47 FR 22955
mills.
401 KAR 61:030............... Existing sulfuric acid plants.... 06/06/79 03/22/83 48 FR 11945
401 KAR 61:035............... Existing process gas streams..... 04/07/82 03/22/83 48 FR 11945
401 KAR 61:040............... Existing ethylene producing 06/06/79 01/25/80 45 FR 6092
plants.
401 KAR 61:045............... Existing oil-effluent water 06/29/79 08/07/81 46 FR 40188
separators.
401 KAR 61:050............... Existing storage vessels for 06/24/92 06/23/94 59 FR 32345
petroleum liquids.
401 KAR 61:055............... Existing loading facilities at 08/24/82 03/30/83 48 FR 13168
bulk gasoline terminals.
401 KAR 61:056............... Existing bulk gasoline plants.... 09/28/94 06/28/96 61 FR 33674
401 KAR 61:060............... Existing sources using organic 06/29/79 01/25/80 45 FR 6092
solvents.
401 KAR 61:065............... Existing nitric acid plants...... 06/06/79 06/12/82 47 FR 30059
401 KAR 61:070............... Existing ferroalloy production 06/06/79 05/03/84 49 FR 18833
facilities.
401 KAR 61:075............... Steel plants and foundries using 12/01/82 05/04/89 54 FR 19169
existing electric arc furnaces.
401 KAR 61:080............... Steel plants and using existing 04/01/84 05/04/89 54 FR 19169
basic oxygen process furnaces.
401 KAR 61:085............... Existing service stations........ 02/08/93 06/23/94 59 FR 32343
401 KAR 61:090............... Existing automobile and light- 06/24/92 06/23/94 59 FR 32343
duty surface coating operations.
401 KAR 61:095............... Existing solvent metal cleaning 06/24/92 06/23/94 59 FR 32343
equipment.
401 KAR 61:100............... Existing insulation of magnet 06/24/92 06/23/94 59 FR 32343
wire operations.
401 KAR 61:105............... Existing metal furniture coating 06/24/92 06/23/94 59 FR 32343
operations.
401 KAR 61:110............... Existing large appliance surface 06/24/92 06/23/94 59 FR 32343
coating operations.
401 KAR 61:120............... Existing fabric, vinyl and paper 06/24/92 06/23/94 59 FR 32343
surface coating operations.
401 KAR 61:122............... Existing graphic arts facilities 06/24/92 06/23/94 59 FR 32343
using rotogravure and
flexography.
401 KAR 61:124............... Existing factory surface coating 06/24/92 06/23/94 59 FR 32343
operations of flat wood paneling.
401 KAR 61:125............... Existing can surface coating 06/24/92 06/23/94 59 FR 32343
operations.
401 KAR 61:130............... Existing coil surface coating 06/24/92 06/23/94 59 FR 32343
operations.
401 KAR 61:132............... Existing miscellaneous metal 06/24/92 06/23/94 59 FR 32343
parts and products surface
coating operations.
401 KAR 61:135............... Selected existing pertroleum 06/29/79 01/25/80 45 FR 6092
refining processes and equipment.
401 KAR 61:137............... Leaks from existing petroleum 06/24/92 06/23/94 59 FR 32343
refinery equipment.
401 KAR 61:140............... Existing by-product coke 09/04/86 01/08/88 53 FR 501
manufacturing plants.
401 KAR 61:145............... Existing petroleum refineries.... 01/07/81 03/22/83 48 FR 11945
401 KAR 61:150............... Existing synthesized 06/24/92 06/23/94 59 FR 32343
pharmaceutical product
manufacturing operations.
401 KAR 61:155............... Existing pneumatic rubber tire 06/24/92 06/23/94 59 FR 32343
manufacturing plants.
401 KAR 61:160............... Existing perchloroethylene dry 06/24/92 06/23/94 59 FR 32343
cleaning systems.
401 KAR 61:165............... Existing primary aluminum 06/04/85 12/02/86 51 FR 43395
reduction plants.
401 KAR 61:170............... Existing blast furnace casthouses 04/14/88 02/07/90 55 FR 4169
401 KAR 61:175............... Leaks from existing synthetic 06/24/92 06/23/94 59 FR 32343
organic chemical and polymer
manufacturing equipment.
----------------------------------------------------------------------------------------------------------------
Chapter 63 General Standards of Performance
----------------------------------------------------------------------------------------------------------------
401 KAR 63:001............... Definitions & abbreviations of 06/06/96 01/01/97 62 FR 2916
terms used in 401 KAR chapter 63.
[[Page 584]]
401 KAR 63:005............... Open burning..................... 01/12/98 12/08/98 63 FR 67586
401 KAR 63:010............... Fugitive emissions............... 06/06/79 07/12/82 47 FR 30059
401 KAR 63:015............... Flares........................... 06/06/79 12/24/80 45 FR 84999
401 KAR 63:020............... Potentially hazardous matter or 06/06/79 12/24/80 45 FR 84999
toxic substances.
401 KAR 63:025............... Asphalt paving operations........ 06/24/92 06/23/94 59 FR 32343
401 KAR 63:031............... Leaks from gasoline tank trunks.. 02/08/93 06/23/94 59 FR 32343
----------------------------------------------------------------------------------------------------------------
Chapter 65 Mobile Source Related Emissions
----------------------------------------------------------------------------------------------------------------
401 KAR 65:001............... Definitions & abbreviations of 06/19/96 01/21/97 62 FR 2916
terms used in 401 KAR chapter 65.
401 KAR 65:005............... Liquefied petroleum gas 06/06/79 01/25/80 45 FR 6092
carburetion systems.
401 KAR 65:010............... Vehicle emission control programs 01/12/98 12/08/98 63 FR 67586
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved source specific requirements.
EPA-Approved Kentucky Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State EPA
Name of source Permit number effective approval Federal Register Notice
date date
----------------------------------------------------------------------------------------------------------------
Bubble action at Kentucky Utilities N/A..................... 12/01/80 06/15/81 46 FR 31260
Green River Plant.
Bubble action at Corning Glassworks... N/A..................... 05/18/81 10/29/81 46 FR 53408
Bubble action at National Distillers N/A..................... 12/24/80 09/14/81 46 FR 45610
Company's, Old Crow Plant.
Bubble action at General Electric in N/A..................... 08/07/81 01/12/82 47 FR 1291
Louisville.
Bubble action at Borden Chemical CO. N/A..................... 03/05/82 05/11/82 47 FR 20125
in Jefferson CO.
Variance for seven perchloroethylene N/A..................... 08/04/82 05/02/83 48 FR 19176
dry cleaners.
Variance for two dry cleaners......... N/A..................... 01/27/83 05/05/83 48 FR 20233
Variance for Jiffy and Hiland Dry N/A..................... 04/25/84 04/18/85 50 FR 15421
Cleaners.
TVA Paradise Permit................... KDEPDAQ Permit 0-87-012. 06/29/87 08/25/89 54 FR 35326
Opacity variance for boiler Units 1 KDEPDAQ Permit 0-86-75.. 07/24/96 08/17/88 53 FR 30998
and 2 of TVA's Paradise Steam Plant.
Operating Permits for nine presses at APCDJC Permits 103-74, 02/28/90 05/16/90 55 FR 20269
the Alcan Foil Products facility-- 104-74, 105-74, 103-74,
Louisville. 110-74, 111-74.
Operating Permit requiring VOC RACT KYDEPDAQ Permit 0-94-020 11/17/94 05/24/95 60 FR 27411
for Calgon CO.
Reynolds Metals Company............... APCDJC Permits 103-74, 04/16/97 01/13/98 63 FR 1929
104-74, 016-74, 110-74,
111-74.
----------------------------------------------------------------------------------------------------------------
(e) EPA-approved nonregulatory provisions.
EPA-Approved Kentucky Nonregulatory Provisions
----------------------------------------------------------------------------------------------------------------
State EPA
Appendix Title/subject effective approval Federal Register Notice
date date
----------------------------------------------------------------------------------------------------------------
1......................... 1979 revisions for Part D 06/29/79 01/25/80 45 FR 6092
requirements for ozone NAA.
2......................... 1979 revisions for Part D 06/29/79 10/31/80 45 FR 72153
requirements for SO2 NAA.
3......................... 1979 revisions for Part D 06/29/79 12/24/80 45 FR 84999
requirements for total
suspended particulate NAA.
4......................... Corrections in 1979 ozone 05/18/80 08/07/81 46 FR 40188
revisions required by
conditional approval of 1/25/80.
5......................... 1979 Revisions for Part D 06/29/79 08/07/81 46 FR 40186
requirements for the Jefferson
CO NAA.
6......................... Air Quality surveillance plan... 11/15/79 11/16/81 46 FR 56198
7......................... Boone CO I/M ordinance and 11/19/80 11/30/81 46 FR 58080
transportation control measures.
8......................... Lead SIP........................ 05/07/80 11/30/81 46 FR 58082
9......................... Miscellaneous non-Part D 06/29/79 07/12/82 47 FR 30059
revisions.
10........................ Corrections in 79 Part D 09/24/82 03/22/83 48 FR 13168
revisions for SO2 NAA Boyd CO.
11........................ 1982 Revisions to Part D Plan 02/09/83 10/09/84 49 FR 39547
for the Jefferson CO ozone and 06/15/83
CO NAA.
12........................ Protection Visibility in Class I 08/31/97 07/12/88 53 FR 26253
Areas.
13........................ Maintenance Plan for Owensboro 12/28/92 11/03/94 59 FR 55058
and Edmonson County areas.
[[Page 585]]
14........................ Maintenance Plan for Pudach Area 01/15/93 02/07/95 60 FR 38707
15........................ SBAP............................ 07/15/93 06/19/95 60 FR 31915
16........................ Lexington Maintenance Plan...... 01/15/93 09/11/95 60 FR 47094
17........................ Ashland-Huntington Maintenance 05/24/95 06/29/95 60 FR 33752
Plan.
18........................ Maintenance Plan Revision for 04/14/98 09/03/98 63 FR 46898
Owensboro & Edmonson CO.
19........................ Northern Kentucky 15% Plan & I/M 09/11/98 12/08/98 63 FR 67591
20........................ Northern Kentucky Ozone July 5, 65 FR 37898
Maintenance Plan. 2000.
----------------------------------------------------------------------------------------------------------------
[64 FR 28750, May 27, 1999, as amended at 65 FR 12950, Mar. 10, 2000; 65
FR 37898, June 19, 2000]
Effective Date Note: At 66 FR 23617, May 9, 2001, in Sec. 52.920 the
table in paragraph (d) was amended by adding a new entry for ``Alternate
Averaging Period for American Greetings Corporation'' to end of the
table, effective July 9, 2001. For the convenience of the user, the
revised text is set forth as follows:
Sec. 52.920 Identification of plan.
* * * * *
(d) * * *
EPA-Approved Kentucky Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
Name of source Permit No. effective EPA approval date Federal Register
date notice
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Alternate Averaging Period for KDEPDAQ Permit V-98- July 9, 2001........ 66 FR 23617.
American Greetings Corporation. 049.
----------------------------------------------------------------------------------------------------------------
Sec. 52.921 Classification of regions.
The Kentucky 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)
----------------------------------------------------------------------------------------------------------------
Appalachian Intrastate............................... II III III III III
Bluegrass Intrastate................................. II III III III III
Evansville (Indiana)-Owensboro-Henderson (Kentucky) I II III III III
Interstate..........................................
Huntington (West Virginia)-Ashland (Kentucky)- I III III III III
Portsmouth-Ironton (Ohio) Interstate................
Louisville Interstate................................ I I III III I
Metropolitan Cincinnati Interstate................... I II III III I
North Central Kentucky Intrastate.................... II III III III III
Paducah (Kentucky)-Cairo (Illinois) Interstate....... I II III III III
South Central Kentucky Intrastate.................... III III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10868, May 31, 1972, as amended at 39 FR 16346, May 8, 1974]
Sec. 52.922 [Reserved]
Sec. 52.923 Approval status.
(a) With the exceptions set forth in this subpart, the Administrator
approves Kentucky's plans for the attainment and maintenance of the
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plans satisfy all
[[Page 586]]
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 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.
(b) 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 Appendix S of 40 CFR part 51 are met.
[45 FR 72157, Oct. 31, 1980]
Sec. 52.924 Legal authority.
(a) The requirements of Sec. 51.230(f) of this chapter are not met
since K.R.S. 224.380 of the Air Pollution Control Law of the
Commonwealth of Kentucky (June 18, 1970) does not provide for the
release, under certain circumstances, of emission data to the public.
(b) Delegation of Authority: Pursuant to section 114 of the Act,
Kentucky requested a delegation of authority to enable it to collect,
correlate, and release emission data to the public. The Administrator
has determined that Kentucky is qualified to receive a delegation of the
authority it requested. Accordingly, the Administrator delegates to
Kentucky his authority under section 114(a) (1) and (2) and section
114(c) of the Act, i.e., authority to collect, correlate, and release
emission data to the public.
[37 FR 10868, May 31, 1972, as amended at 37 FR 15084, July 27, 1972; 51
FR 40676, Nov. 7, 1986]
Sec. 52.925 General requirements.
(a) The requirements of Sec. 51.116(c) of this chapter are not met
since the legal authority to provide for public availability of emission
data is inadequate.
[39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]
Sec. 52.926 Attainment dates for national standards.
The following table presents the latest dates by which the national
standards are to be attained. The dates reflect the information
presented in Kentucky's plan, except where noted.
----------------------------------------------------------------------------------------------------------------
Pollutant
----------------------------------------------------------------------------
Air quality control region Particulate matter Sulfur oxides
-------------------------------------------- Nitrogen Carbon Ozone
Primary Secondary Primary Secondary dioxide monoxide
----------------------------------------------------------------------------------------------------------------
Appalachian Intrastate:
a. Bell County................... g h b b b b b
b. Perry County.................. g h b b b b b
c. Whitley County................ g h b b b b b
d. Rest of AQCR.................. c c b b b b b
Bluegrass Intrastate:
a. Fayette County................ a c b b b b g
b. Madison County................ g h b b b b b
c. Rest of AQCR.................. a c b b b b b
Evansville (Indiana)-Ownsboro-
Henderson (Kentucky) Interstate:
a. Daviess County................ g i g g b b b
b. Henderson County.............. g i a e b b g
c. Webster County................ c c g g b b b
d. Rest of AQCR.................. c c a e b b b
Huntington (West Virginia)-Ashland
(Kentucky)-Portsmouth-Ironton
(Ohio) Interstate:
a. Boyd County................... g i g b b b g
b. Lawrence County............... g h b b b b b
c. Rest of AQCR.................. c c b b b b b
Louisville Interstate.............. g i j j b h h
Metropolitan Cincinnati Interstate:
a. Boone County.................. c c a d b d h
b. Campbell County............... g h a d b d h
c. Kenton County................. c c a d b d h
[[Page 587]]
d. Rest of AQCR.................. c c a d b d c
North Central Kentucky Intrastate:
a. Bullitt County................ g h b b b b b
b. Rest of AQCR.................. a c b b b b b
Paducah (Kentucky) Cairo (Illinois)
Interstate:
a. McCracken County.............. g h g f b b b
b. Marshall County............... c g a f b b b
c. Muhlenberg County............. g h g g b b b
d. Rest of AQCR.................. c c a f b b b
South Central Kentucky Intrastate.. b b b b b b b
----------------------------------------------------------------------------------------------------------------
See Sec. 81.318 of this chapter to identify the specific nonattainment area.
Note: Dates or footnotes in italics are prescribed by the Administrator because the plan did not provide a
specific date or the dates provided were not acceptable. Sources subject to plan requirements and attainment
dates established under section 110(a)(2)(A) prior to the 1977 Clean Air Act Amendments remain obligated to
comply with those requirements by the earlier deadlines. The earlier attainment dates are set out at 40 CFR
52.926 (1979 edition).
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. April 1975.
d. July 1975.
e. July 1977.
f. July 1978.
g. December 31, 1982.
h. December 31, 1987.
i. 18 month extension for plan submittal granted: attainment date not yet established.
j. January 1, 1985.
[45 FR 85002, Dec. 24, 1980]
Sec. 52.927 Compliance schedules.
(a) 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.
(b) Federal compliance schedules.
(1) Except as provided in paragraph (b)(5) of this section, the
owner or operator of any fuel-burning facility subject to the
requirements of the Kentucky Air Pollution Control Regulations as they
apply to sulfur dioxide sources, shall notify the Regional
Administrator, by no later than November 3, 1975, of his intent to
utilize either low-sulfur fuel or stack gas desulfurization to meet
these requirements.
(2) Any owner or operator of a stationary source subject to
paragraph (b)(1) of this section who elects to utilize low-sulfur fuel
shall be subject to the following compliance schedule:
(i) December 1, 1975--Submit to the Regional Administrator a
projection of the amount of fuel, by types, that will be substantially
adequate to enable compliance with the applicable regulation on July 1,
1977, and for at least one year thereafter, as well as a statement as to
whether boiler modifications will be required. If so, final plans for
such modifications must be submitted simultaneously.
(ii) December 31, 1975--Sign contracts with fuel suppliers for
projected fuel requirements as projected above.
(iii) December 31, 1975--Let contracts for necessary boiler
modifications, if applicable.
(iv) January 30, 1976--Initiate onsite modifications, if applicable.
(v) May 1, 1977--Complete onsite modifications, if applicable.
(vi) July 1, 1977--Achieve compliance with the applicable
regulations, and certify such compliance to the Regional Administrator.
(3) Any owner or operator subject to paragraph (b)(1) of this
section who elects to utilize stack gas desulfurization shall be subject
to the following compliance schedule:
(i) December 1, 1975--Submit to the Regional Administrator a final
control plan, which describes at a minimum the steps which will be taken
by the source to achieve compliance with the applicable regulations.
[[Page 588]]
(ii) December 31, 1975--Negotiate and sign all necessary contracts
for emission control systems or process modifications, or issue orders
for the purchase of component parts to accomplish emission control or
process modifications.
(iii) January 30, 1976--Initiate onsite construction or installation
of emission control equipment or process modification.
(iv) May 1, 1977--Complete onsite construction or installation or
emission control equipment or process modification.
(v) July 1, 1977--Complete shakedown operations and performance
tests for the applicable unit(s); achieve compliance with Kentucky
Division of Air Pollution Regulation for sulfur dioxide sources and
certify such compliance to the Regional Administrator. Ten days prior to
any performance testing, notice must be given to the Regional
Administrator to afford him the opportunity to have an observer present.
(4) Five days after the deadline for completing increments in
paragraphs (b)(2)(ii) through (b)(2)(v) and (b)(3)(ii) through
(b)(3)(iv) of this section, certify to the Regional Administrator
whether the increment has been met.
(5) (i) None of the above paragraphs shall apply to a source which
is presently in compliance with applicable regulations. The owner or
operator of any fuel-burning facility with an aggregate heat input of
more than 250 million BTU per hour which is presently in compliance,
shall certify such compliance to the Regional Administrator by November
3, 1975. The Regional 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 Regional Administrator no later than
December 1, 1975, 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 approved by the Administrator, such schedule shall satisfy the
requirements of this paragraph for the affected source.
(6) Nothing in this paragraph shall preclude the Administrator from
promulgating a separate schedule for any source to which the application
of a compliance schedule in this paragraph fails to satisfy the
requirements of Secs. 51.261 and 51.262(a) of this chapter.
[38 FR 16145, June 20, 1973, as amended at 40 FR 3418, Jan. 22, 1975; 40
FR 14071, Mar. 28, 1975; 40 FR 29541, July 14, 1975; 40 FR 40160, Sept.
2, 1975; 51 FR 40675, 40676, 40677, Nov. 7, 1986; 54 FR 25258, June 14,
1989]
Sec. 52.928 Control strategy: Sulfur oxides.
The revised SO2 emission limit for large coal-fired
boilers in Bell, Clark, and Woodford Counties, submitted on June 29,
1979, is disapproved since it does not provide for attainment and
maintenance of all SO2 NAAQS. The limit approved by EPA on
May 10, 1976 (41 FR 19105), remains the limit applicable to these
sources.
[49 FR 11091, Mar. 23, 1984]
Sec. 52.929 [Reserved]
Sec. 52.930 Control strategy: Ozone.
(a) The VOC bubble for Alcan Foil Products in Louisville submitted
as a SIP revision on March 3, 1986, is disapproved. The source must
continue to meet all the requirements of Jefferson County Regulation
6.29.
(b) Part D--disapproval--(1) Campbell and Kenton Counties
nonattainment area. The 1979 SIP revisions for these two counties are
disapproved because the Commonwealth failed to submit evidence of legal
authority to implement a vehicle inspection and maintenance program as
required under section 172(b)(11)(B) of the Clean Air Act. No major new
or modified sources of volatile organic compounds can be built in these
two counties by virtue of the provisions of section 110(a)(2)(l) of the
Clean Air Act.
(2) Northern Kentucky (Boone, Campbell and Kenton Counties) ozone
nonattainment area. The demonstration of attainment of the ozone
standards by the end of 1982, submitted as part of
[[Page 589]]
Kentucky's ozone SIP revision on June 23, 1982, (draft), September 27,
1982, and November 3, 1982, is disapproved. As a result, the extension
of the attainment deadline until December 31, 1987, remains in effect,
along with the related requirement to submit a SIP revision addressing
all requirements of Part D extension areas.
(c) The redesignation request submitted by the Commonwealth of
Kentucky, on November 11, 1994, for the Kentucky portion of the
Cincinnati-Northern Kentucky moderate interstate ozone nonattainment
area from nonattainment to attainment was disapproved on September 27,
1996.
(d) Kentucky's November 15, 1996, request for a 1-year attainment
date extension for the Kentucky portion of the Cincinnati-Hamilton
metropolitan moderate ozone nonattainment area which consists of Kenton,
Boone, and Campbell Counties is approved. The date for attaining the
ozone standard in these counties is November 15, 1997.
(e) Kentucky's November 15, 1996, request for a 1-year attainment
date extension for the Kentucky portion of the Louisville moderate ozone
nonattainment area which consists of Jefferson County and parts of
Bullitt and Oldham Counties is approved. The date for attaining the
ozone standard in these counties is November 15, 1997.
(f) Kentucky's January 7, 1998, request for a 1-year attainment date
extension for the Kentucky portion of the Cincinnati-Hamilton
metropolitan moderate ozone nonattainment area which consists of Kenton,
Boone, and Campbell Counties is approved. The date for attaining the
ozone standard in these counties is November 15, 1998.
(g) The redesignation request submitted by the Commonwealth of
Kentucky, on October 29, 1999, for the Kentucky portion of the
Cincinnati-Hamilton moderate interstate ozone nonattainment area from
nonattainment to attainment was approved on July 5, 2000. The mobile
source budgets for the Kentucky portion of the area for the purposes of
transportation conformity are now 5.83 tons per summer day of volatile
organic compounds and 15.13 tons per summer day of nitrogen oxides for
the year 2010.
(h) Determination--EPA is determining that as of July 5, 2000, the
Kentucky portion of the Cincinnati-Hamilton ozone nonattainment area
(which includes the Counties of Boone, Kenton, and Campbell) has
attained the 1-hour ozone standard and that the attainment demonstration
requirements of section 182(b)(1), 182(j), and 172(c)(1), along with the
section 172(c)(9) contingency measure requirements, do not apply to the
area.
(i) Approval--EPA is approving an exemption from the requirements
contained in section 182(f) of the Clean Air Act. This approval exempts
Boone, Kenton, and Campbell counties in Kentucky from the NOX
related general conformity provisions; nonattainment NSR for new sources
and modifications that are major for NOX; NOX
RACT; and the requirement for a demonstration of compliance with the
enhanced I/M performance standard for NOX.
[46 FR 58082, Nov. 30, 1981, as amended at 48 FR 13169, Mar. 30, 1983;
51 FR 10210, Mar. 25, 1986; 54 FR 10983, Mar. 16, 1989; 60 FR 32469,
June 22, 1995; 60 FR 40101, Aug. 7, 1995; 61 FR 50720, Sept. 27, 1996;
62 FR 28637, May 27, 1997; 62 FR 40281, July 28, 1997; 62 FR 55176, Oct.
23, 1997; 62 FR 61246, Nov. 17, 1997; 63 FR 14625, Mar. 26, 1998; 65 FR
37898, June 19, 2000]
Sec. 52.931 Significant deterioration of air quality.
(a) Regulations for preventing significant deterioration of air
quality. The provisions of Sec. 52.21 (b) through (w) are hereby
incorporated and made a part of the applicable state plan for the State
of Kentucky only as they apply to permits issued pursuant to Sec. 52.21
prior to final approval of Kentucky's Regulation for Prevention of
Significant Deterioration (PSD), Visibility Monitoring, and Visibility
New Source Review in Attainment Areas. The provisions of Sec. 52.21 (b)
through (w) are rescinded for permits issued after final approval of
Kentucky's Regulation for Prevention of Significant Deterioration (PSD),
Visibility Monitoring, and Visibility New Source Review in Attainment
Areas.
(b) The Commonwealth of Kentucky has committed to revising the
state's regulations accordingly when EPA amends the federal vessel
emissions provisions contained in 40 CFR 51.166.
[[Page 590]]
In a letter dated October 17, 1986, Kentucky stated:
As requested, the Division of Air Pollution Control hereby commits
to changing the definition of ``building, structure, facility, or
installation,'' and any other applicable definitions, when the issue of
vessel emissions is resolved at the federal level, and after the federal
regulation, 40 CFR 51.24, is amended.
(c) In a letter dated May 3, 1988, EPA informed Kentucky that the
following caveat must be included in all potentially affected permits
due to a decision of the U.S. Court of Appeals for the District of
Columbia Circuit (NRDC v. Thomas, 838 F.2d 1224):
In approving this permit, the Kentucky Division for Air Quality has
determined that the application complies with the applicable provisions
of the stack height regulations as revised by the EPA on July 8, 1985
(50 FR 27892). Portions of the regulations have been remanded by a panel
of the U.S. Court of Appeals for the D.C. Circuit in NRDC v. Thomas, 838
F.2d 1224 (D.C. Cir. 1988). Consequently, this permit may be subject to
modification if and when the EPA revises the regulation in response to
the court decision. This may result in revised emission limitations or
may affect other actions taken by the source owners or operators.
Kentucky responded with a letter dated May 11, 1988, stating in
part:
This is in response to your letter dated May 3, 1988 * * *. As
requested by your letter, the Kentucky Division for Air Quality agrees
to include the condition set forth in your letter, in all potentially
affected permits issued under regulation 401 KAR 51:017 or 401 KAR
51:052. Therefore, we request that you consider this letter as our
commitment that the required caveat will be included in all potentially
affected permits * * *.
[54 FR 36311, Sept. 1, 1989]
Sec. 52.932 Rules and regulations.
(a) The last sentence of section 3(1) of Kentucky regulation 401 KAR
3:050, which specifies that a new fossil fuel fired steam electric
generator's allowable SO2 emissions may be calculated by
averaging SO2 emissions from existing units of this type and
from new ones, is disapproved since it contravenes subpart D of 40 CFR
part 60, New Source Performance Standards.
(b) Section 8(2)(a) of regulation 401 KAR 61:015 is disapproved in
that it allows the Tennessee Valley Authority's Shawnee power plant
until October 1, 1981, to achieve compliance with emissions limits which
are not made more stringent by the 1979 Part D revisions, and which the
source was previously required to meet by July 1, 1977.
(c) Section 8(2)(d) of regulation 401 KAR 61:015 is disapproved in
that it allows sources until December 31, 1982, to achieve compliance
with emission limits which are not made more stringent by the 1979 Part
D revisions, and which the sources were previously required to meet
prior to 1979.
[41 FR 19106, May 10, 1976, as amended at 46 FR 40188, Aug. 7, 1981]
Sec. 52.933 Control Strategy: Sulfur oxides and particulate matter.
In a letter dated March 27, 1987, the Kentucky Department for
Natural Resources and Environmental Protection 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: Big Rivers-Green 1 & 2, Kentucky Utilities-Ghent 3 & 4, and
Ashland Oil, Inc.-Catlettsburg.
[54 FR 23478, June 1, 1989]
Sec. 52.934 VOC rule deficiency correction.
(a) Sections 1.02, 1.08, 6.12, 6.13, 6.16, 6.18, 6.19, 6.23, 6.29,
6.30, 6.31, 6.32, 6.33, 6.34, 6.35, 7.11, 7.12, 7.16, 7.18, 7.19, 7.23,
7.52, 7.56, 7.57, 7.58, 7.59, 7.60 and 7.61 of the Jefferson County
portion of the Commonwealth of Kentucky SIP are being approved. The
Commonwealth submitted these regulations to EPA for approval on February
12, 1992. These sections were intended to correct deficiencies cited in
a letter calling for the Commonwealth to revise its SIP for ozone from
Greer C. Tidwell, the EPA Regional Administrator, to Governor Wallace G.
Wilkinson on May 26, 1988, and clarified in a letter from Winston A.
Smith, Air, Pesticides & Toxics Management Division Director, to William
C. Eddins, Director of the Commonwealth of Kentucky Division for Air
Quality.
(b) Sections 1.05, 1.06, 6.17, 6.36, 6.37, and 6.40 of the Jefferson
County portion of the Commonwealth of Kentucky SIP are being approved.
The Commonwealth submitted these regulations to
[[Page 591]]
EPA for approval on March 4, 1993. These sections were intended to
correct deficiencies cited in a letter calling for the Commonwealth to
revise its SIP for ozone from Greer C. Tidwell, the EPA Regional
Administrator, to Governor Wallace G. Wilkinson on May 26, 1988, and
clarified in a letter from Winston A. Smith, Air, Pesticides & Toxics
Management Division Director, to William C. Eddins, Director of the
Commonwealth of Kentucky Division for Air Quality.
(c) Deficiencies in 1.12 Emissions Trading, however, have not been
corrected. The above deficiencies must be corrected according to the
letters mentioned above, the proposed post-1987 ozone policy (52 FR
45044), and other EPA guideline relating to the deficiencies before the
SIP for ozone can be fully approved.
[59 FR 32352, June 23, 1994]
Sec. 52.935 PM10 State implementation plan development in
group II areas.
On July 7, 1988, the State submitted a committal SIP for the cities
of Ashland and Catlettsburg in Boyd County. The committal SIP contains
all the requirements identified in the July 1, 1987, promulgation of the
SIP requirements for PM10 at 52 FR 24681. The SIP commits the
State to submit an emissions inventory, continue to monitor for
PM10, report data and to submit a full SIP if a violation of
the PM10 National Ambient Air Quality Standards is detected.
[55 FR 4172, Feb. 7, 1990]
Sec. 52.936 Visibility protection.
(a) The requirements of Section 169A of the Clean Air Act are not
met because the plan does not include approvable procedures meeting the
requirements of 40 CFR 51.307 (b) and (c) for protection of visibility
in mandatory Class I Federal areas from sources in nonattainment areas.
(b) Regulations for visibility monitoring and new source review. The
provisions of Sec. 52.28 are hereby incorporated and made part of the
applicable plan for the State of Kentucky.
[54 FR 36311, Sept. 1, 1989]
Sec. 52.937 Review of new sources and modifications.
(a) Approval--EPA is approving the section 182(f) oxides of nitrogen
(NOX) reasonably available control technology (RACT)
exemption request submitted by the Kentucky Department for Environmental
Protection on August 16, 1994, for the Kentucky portion of the
Huntington-Ashland ozone (O3) moderate nonattainment area.
This approval exempts this area from implementing NOX RACT on
major sources of NOX. If a violation of the O3
NAAQS occurs in the area, the exemption from the requirement of section
182(f) of the CAA in the applicable area shall not apply.
(b) Approval--EPA is approving the section 182(f) oxides of nitrogen
(NOX) reasonably available control technology (RACT)
exemption for the Kentucky portion of the Cincinnati-Hamilton ozone
(O3) moderate nonattainment area. This approval exempts this
area from implementing NOX RACT on major sources of
NOX.
[60 FR 21717, May 3, 1995, as amended at 65 FR 37898, June 19, 2000]
Sec. 52.938 General conformity.
The General Conformity regulations were submitted on November 10,
1995, and adopted into the Kentucky State Implementation Plan (SIP). The
Commonwealth of Kentucky incorporated by reference regulations 40 CFR
part 51, subpart W--determining conformity of General Federal Actions to
State or Federal Implementation Plans.
[63 FR 40046, July 27, 1998]
Sec. 52.939 Original identification of plan section.
(a) This section identifies the original ``Air Implementation Plan
for the Commonwealth Kentucky'' and all revisions submitted by Kentucky
that were federally approved prior to March 1, 1999.
(b) The plan was officially submitted on February 8, 1972, and was
resubmitted on December 5, 1973.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Clarifying comments on the plan submitted on March 6, 1972, by
the Kentucky Air Pollution Control Office.
[[Page 592]]
(2) Chapters IV and V, Control Strategies, and Chapter VII, Emission
Control Regulations, submitted on March 17, 1972, by the Kentucky Air
Pollution Control Office.
(3) Summary letter of Kentucky Air Pollution Control Commission and
Regional Office meeting with attachments submitted May 3, 1972, by the
Kentucky Air Pollution Control Office.
(4) Letter requesting delegation of authority and offering
justification for a two-year extension for attainment of the sulfur
dioxide primary standard submitted on June 7, 1972, by the Governor.
(5) Indirect source Regulation AP-11 and compliance schedules
submitted on December 5, 1973, by the Governor.
(6) Compliance schedules submitted on February 15, 1974, by the
Kentucky Department for Natural Resources and Environmental Protection.
(7) Compliance schedules submitted on April 23, 1974, by the
Kentucky Department for Natural Resources and Environmental Protection.
(8) Clarifying comments submitted on May 21, 1974, by the Kentucky
Department for Natural Resources and Environmental Protection.
(9) AQMA material submitted on January 6, 1975, by the Kentucky
Department for Natural Resources and Environmental Protection.
(10) Revised body of air pollution control regulations and revised
control strategies submitted respectively on August 29 and September 16,
1975, by the Kentucky Department for Natural Resources and Environmental
Protection.
(11) Letters requesting delegation of Federal authority for the
administrative and technical portions of the Prevention of Significant
Deterioration program were submitted on May 5 and June 13, 1976 by the
Secretary of the Department for Natural Resources and Environmental
protection.
(12) 1979 revisions for Part D requirements for ozone nonattainment
areas, submitted on June 29, 1979, by the Kentucky Department for
Natural Resources and Environmental Protection.
(13) 1979 revisions for Part D requirements for sulfur dioxide
nonattainment areas (Boyd, Jefferson, McCracken, Muhlenberg, and Webster
Counties), submitted on June 29, 1979, by the Kentucky Department for
Natural Resources and Environmental Protection.
(14) 1979 revisions for Part D requirements for total suspended
particulate nonattainment areas (Bell, Boyd, Jefferson, McCracken and
Muhlenberg counties, that portion of Bullit County in Shepherdsville,
that portion of Campbell County in Newport, that portion of Daviess
County in Owensboro, those portions of Henderson County in and around
Henderson, that portion of Lawrence County in Louisa, that portion of
Madison County in Richmond, that portion of Perry County in Hazard, that
portion of Pike County in Pikeville, and that portion of Whitley County
in Corbin) submitted on June 29, 1979, by the Kentucky Department for
Natural Resources and Environmental Protection.
(15) Revision to the State Implementation Plan for a bubble action
at the Kentucky Utilities--Green River Station was submitted on December
1, 1980.
(16) Corrections in 1979 ozone revisions required by conditional
approval of January 25, 1980, submitted on May 18, 1980 (letter on oil-
water effluent separators), September 22, 1980 (Jefferson County I/M
ordinance and schedule), November 19, 1980 (Jefferson County
transportation related commitments), and on January 8, 1981 (changes in
Jefferson County I/M schedule), by the Kentucky Department for Natural
Resources and Environmental Protection.
(17) 1979 Revisions for Part D requirements for the Jefferson County
carbon monoxide nonattainment area, submitted on June 29, 1979, by the
Kentucky Department for Natural Resources and Environmental Protection.
Additional materials to correct the deficiencies noted in the November
15, 1979 proposed conditional approval were submitted as SIP revisions
on September 22, 1980, November 19, 1980, and January 8, 1981, as noted
in the preceding paragraph.
(18) Air quality surveillance plan submitted on November 15, 1979,
by the Kentucky Department for Natural Resources and Environmental
Protection.
[[Page 593]]
(19) Revision to the State Implementation Plan for a bubble action
at Corning Glassworks, Danville, Kentucky was submitted on May 18, 1981,
by the Kentucky Department for Natural Resources and Environmental
Protection.
(20) Revision to the State Implementation Plan for a bubble action
at National Distillers Company's Old Crow Plant in Woodford County,
submitted on December 24, 1980, by the Kentucky Department for Natural
Resources and Environmental Protection.
(21) Boone County Inspection/Maintenance ordinance and
transportation control measures for Boone, Campbell, and Kenton
Counties, submitted on November 19, 1980, by the Kentucky Department for
Natural Resources and Environmental Protection.
(22) Set II VOC regulations, submitted on February 5, 1981, and
September 24, 1982, by the Kentucky Department for Environmental
Protection.
(23) Implementation plan for lead, submitted on May 7, 1980, by the
Kentucky Department for Natural Resources and Environmental Protection.
(24) Provision for permit and exemption fees, submitted on June 10,
1981, by the Kentucky Department for Natural Resources and Environmental
Protection.
(25) Provisions for public notifications and participation pursuant
to section 127(a) of the Clean Air Act, submitted on April 8, 1980, by
the Kentucky Department for Natural Resources and Environmental
Protection.
(26) Revision to the State Implementation Plan for a bubble action
at General Electric, Louisville, Kentucky, submitted on August 7, 1981,
by the Kentucky Department for Natural Resources and Environmental
Protection.
(27) Revised Boone County Inspection/Maintenance schedule submitted
on October 9, 1981 by the Kentucky Department for Natural Resources and
Environmental Protection.
(28) Addition to Appendix N of Jefferson County Regulation 6.28,
Standard of Performance for Existing Hot Air Aluminium Atomization
Processes, submitted on May 18, 1981, by the Kentucky Department for
Natural Resources and Environmental Protection.
(29) Revision of Appendix N, Jefferson County Regulation 6.35,
Standard of Performance for Existing Fabric, Vinyl and Paper Surface
Coating Operations, submitted on November 17, 1981, by the Kentucky
Department for Natural Resources and Environmental Protection.
(30) Jefferson County Set II VOC regulations for new/existing
affected facilities, submitted on October 20, 1981, by the Kentucky
Department for Natural Resources and Environmental Protection.
(31) Miscellaneous non-Part D revisions, submitted on June 29, 1979,
by the Kentucky Department for Natural Resources and Environmental
Protection.
(32) Revision to the State Implementation Plan for a bubble action
at Borden Chemical Co., Jefferson County, Kentucky, received by EPA from
the Kentucky Department for Natural Resources and Environmental
Protection on March 5, 1982.
(33) Addition of Kentucky Regulation 401 KAR 61:165, section 5,
Particulate Standard for Existing Primary Aluminum Reduction Plants,
submitted on March 4, 1982, by the Kentucky Department for Natural
Resources and Environmental Protection.
(34) [Reserved]
(35) Corrections in 1979 Part D revisions for sulfur dioxide
nonattainment area (Boyd County), submitted on September 24, 1982, by
the Kentucky Natural Resources and Environmental Protection Cabinet.
(36) Variance for seven per- chloroethylene dry cleaners, submitted
on August 4, 1982, by the Kentucky Department for Environmental
Protection.
(37) Variances for two dry cleaners, submitted on January 27, 1983,
by the Kentucky Department for Environmental Protection.
(38) Revised SO2 limit for large coal-fired boilers in
Pulaski County, submitted on June 29, 1979, by the Kentucky Department
for Natural Resources and Environmental Protection.
(39)-(40) [Reserved]
(41) Revisions to Appendix N, submitted July 19, 1982 and March 21,
1983, by the Kentucky Department for Environmental Protection.
[[Page 594]]
(42) Regulation 401 KAR 61:070, Existing Ferroally Production
Facilities, for the Marshall County Part D TSP area, submitted on June
29, 1979, by the Kentucky Department for Environmental Protection.
(43) 1982 revisions to the Part D plan for the Jefferson County
ozone and carbon monoxide nonattainment area, submitted by the Kentucky
Natural Resources and Environmental Protection Cabinet on February 9,
June 15, September 12, November 21, and December 9, 1983.
(44) Variances for two dry cleaners, Jiffy The Cleaners and Hiland
Cleaners, submitted on April 25, 1984, by the Kentucky Natural Resources
Environmental Protection Cabinet.
(45) Corrections in the Part D TSP SIP and other revisions submitted
on December 9, 1982, and May 1, 1984, by the Kentucky Department for
Environmental Protection.
(i) Incorporation by reference.
(A) Revisions in regulations 401 KAR--
50:010, Definitions and Abbreviations;
50:055, General Compliance Requirements;
61:005, General Provisions;
61:015, Existing Indirect Heat Exchangers;
61:075, Steel Plants and Foundries Using Existing Electric Arc Furnaces;
61:080, Steel Plants Using Existing Basic Oxygen Process Furnaces;
61:140, Existing By-Product Coke Manufacturing Plants; and
61:170, Existing Blast Furnace Casthouses.
The changes in these regulations were effective September 22, 1982
(50:055), December 1, 1982 (50:010, 61:005, 61:015, 61:075, and 61:140),
and April 1, 1984 (61:080 and 61:170). No action is taken on the
definition of ``volatile organic compounds''in 401 KAR 50:010.
(ii) Other material--none.
(46) Kentucky regulation 401 KAR 51:017, Prevention of significant
deterioration of air quality, and Kentucky's State Implementation Plan
Revision for the Protection of Visibility for the Commonwealth of
Kentucky pursuant to 40 CFR part 51, subpart P, submitted on February
20, 1986, by the Kentucky Natural Resources and Environmental Protection
Cabinet.
(i) Incorporation by reference. (A) Kentucky regulation 401 KAR
51:017, Prevention of significant deterioration of air quality, which
became State-effective on February 4, 1986.
(ii) Other material. (A) Kentucky's State Implementation Revision
for the Protection of Visibility for the Commonwealth of Kentucky,
pursuant to 40 CFR part 51, subpart P, which became State-effective on
February 4, 1986.
(47) Stack height regulations were submitted to EPA on July 15,
1986, by the Kentucky Natural Resources and Environmental Protection
Cabinet.
(i) Incorporation by reference.
(A) Regulation 401 KAR 50:042, which became effective on June 10,
1986.
(ii) Other material--none.
(48) Revisions to the I/M portions of the carbon monoxide and ozone
Part D plans for Jefferson County, submitted by the Kentucky Natural
Resources and Environmental Protection Cabinet on February 18, 1986.
(i) Incorporation by reference.
(A) A revised Regulation 8, Vehicle Exhaust Testing Requirements of
the rules of the Air Pollution Control District of Jefferson County
which was adopted on September 18, 1985.
(ii) Other materials--none.
(49) A revision to the Kentucky SIP for Tennessee Valley Authority
Paradise Steam Plant pursuant to the procedures specified in Kentucky
regulation 401 KAR 61:015, section 3 was submitted on June 29, 1987, by
the Kentucky Natural Resources and Environmental Protection Cabinet. The
revised SO2 limits are contained in Permit Number 0-87-012,
issued on June 29, 1987.
(i) Incorporation by reference.
(A) Permit Number 0-87-012, issued by the Kentucky Natural Resources
and Protection Cabinet on June 29, 1987.
(ii) Other material.
(A) Letter of June 27, 1987 from the Kentucky Natural Resources and
Environmental Protection Cabinet.
(50) A revision in Kentucky regulation 401 KAR 61:140, Existing by-
product coke manufacturing plants, submitted on September 19, 1986, by
the Kentucky Natural Resources and Environmental Protection Cabinet.
(i) Incorporation by reference.
[[Page 595]]
(A) A revision to Division of Air Pollution regulation 401 Kentucky
Administrative Regulations (KAR) 61:140, Existing by-product coke
manufacturing plants, which became effective on September 4, 1986.
(B) Letter of September 19, 1986 from the Commonwealth of Kentucky
to EPA.
(51) Revisions to the I/M portions of the carbon monoxide and ozone
Part D plans for Jefferson County, submitted by the Kentucky Natural
Resources and Environmental Protection Cabinet on March 20, 1987.
(i) Incorporation by reference.
(A) A revised Regulation 8, Vehicle Exhaust Testing Requirements; of
the rules of the Air Pollution Control District of Jefferson County
which was adopted on December 17, 1986.
(B) March 2, 1987 letter to EPA from Jefferson County.
(ii) Additional materials--none.
(52) Kentucky Plan for the ``Protection of Visibility in Class I
Areas (PART II)'' submitted to EPA on August 31, 1987, by the Kentucky
Department for Environmental Protection (KDEP) to satisfy the Part 2
visibility requirements.
(i) Incorporation by reference.
(A) June 8, 1988, letter from the Kentucky Natural Resources and
Environmental Protection Cabinet, October 9, 1987, clarification letter
from the Kentucky Natural Resources and Environmental Protection
Cabinet, and page 8 of the Kentucky plan for the protection of
visibility in Class I areas (PART II) containing the periodic review
requirements satisfying 40 CFR 51.306(c), adopted on August 31, 1987.
(ii) Additional material.
(A) Narrative entitled ``The Kentucky Plan for the Protection of
Visibility in Class I Areas (PART II).''
(53) Revisions to Kentucky regulation 401 KAR 50:015, Documents
incorporated by reference, submitted by the Kentucky Natural Resources
and Environmental Protection Cabinet on March 23, 1987.
(i) Incorporation by reference.
(A) Revisions to Kentucky regulation 401 KAR 50:015, Documents
incorporated by reference which became State-effective on February 10,
1987.
(B) Letter of March 23, 1987, from the Kentucky Natural Resources
and Environmental Protection Cabinet transmitting the foregoing
revisions.
(ii) Additional material--none.
(54) An opacity variance for boiler Units 1 and 2 of Tennessee
Valley Authority's (TVA's) Paradise Steam Plant, submitted on August 6,
1986, by the Kentucky Natural Resources and Environmental Protection
Cabinet.
(i) Incorporation by reference.
(A) Permit No. 0-86-75, for the TVA Paradise Steam Plant, issued by
the Kentucky Natural Resources and Environmental Protection Cabinet on
July 24, 1986.
(B) Letter of August 6, 1986, from the Kentucky Natural Resources
and Environmental Protection Cabinet.
(ii) Other material--none.
(55) Revisions to Jefferson County, Kentucky Regulation 2.08, Permit
Fees and Renewal, submitted on March 20, 1987, by the Kentucky Natural
Resources and Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Revisions to Jefferson County, Kentucky Regulation 2.08, Permit
Fees and Renewal, which became State-effective on December 17, 1986.
(B) Letter of March 20, 1987, from the Kentucky Natural Resources
and Environmental Protection Cabinet.
(ii) Other material--none.
(56) A revision to Kentucky Regulation 401 KAR 51:017, Prevention of
Significant Deterioration of Air Quality, submitted on February 9, 1988,
by the Kentucky Natural Resources and Environmental Protection Cabinet.
The revision to section 12(1)(e) replaces the reference to Regulation
401 KAR 51:052 with a reference to 40 CFR part 51, Appendix S, section
IV. This revision became State-effective on December 11, 1987.
(i) Incorporation by reference.
(A) Kentucky Regulation 401 KAR 51:017, Prevention of Significant
Deterioration of Air Quality, section 12(1)(e), which became State-
effective on December 11, 1987.
(ii) Other material.
(A) Letter of February 9, 1988, from the Kentucky Natural Resources
and Environmental Protection Cabinet.
[[Page 596]]
(57) Jefferson County Air Pollution Control District Regulation 6.38
was submitted to EPA on March 20, 1987 by the Kentucky Natural Resources
and Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Jefferson County Air Pollution Control District Regulation 6.38,
``Standards of performance for existing air oxidation processes in the
synthetic organic chemical manufacturing industry'', which became
effective December 17, 1986.
(B) Letter of March 20, 1987, from the Kentucky Natural Resources
and Environmental Protection Cabinet.
(ii) Other materials--none.
(58) Jefferson County Air Pollution Control District Regulation 6.39
was submitted to EPA on March 20, 1987, by the Kentucky Natural
Resources and Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Jefferson County Air Pollution Control District Regulation 6.39,
``Standard of performance for equipment leaks of volatile organic
compounds in existing synthetic organic chemical and polymer
manufacturing plants'', which became effective December 17, 1986.
(B) March 20, 1987, letter from the Kentucky Natural Resources and
Environmental Protection Cabinet.
(ii) Other materials--none.
(59) Revision to Jefferson County Regulations 3.05, Methods of
Measurement submitted on January 19, 1989, by the Kentucky Natural
Resources and Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Revisions to the Jefferson County Regulations, 3.05. Methods of
Measurement.
This revision became State-effective April 20, 1988.
(ii) Other material.
(A) Letter of January 19, 1989, from the Kentucky Natural Resources
and Environmental Protection Cabinet.
(60) Corrections in Part D TSP SIP and other revisions submitted on
September 19, 1986, by the Kentucky Department for Environmental
Protection. The removal of these last two conditions renders the
Kentucky's Part D SIP for TSP fully approved.
(i) Incorporation by reference.
(A) Revisions in Regulation 401 KAR--
50:015. Documents Incorporated by Reference.
Section 1. Code of Federal Regulations,
Section 3. American Society for Testing and Materials,
Section 8. Kentucky Division of Air Pollution,
Section 10. American Public Health Association, and
Section 11. Availability.
59:010. New process operations.
Section 1. Applicability,
Section 2. Definitions,
Section 3. Standard for Particulate Matter, and
Section 4. Test Methods and Procedures.
61:020. Existing process operations.
Section 1. Applicability
Section 2. Definitions;
Section 3. Standard for Particulate Matter, and
Section 4. Test Methods and Procedures.
These changes were effective September 4, 1986.
(B) Letter of September 19, 1986, from the Kentucky Natural
Resources and Environmental Protection Cabinet to EPA.
(ii) Other material--none.
(61) Revisions in Regulations 5.01, 6.12, 6.19, 6.22, 6.29, 6.30,
6.31, 6.32, 6.33, 6.34, and 6.35 of the Jefferson County portion of
Kentucky's SIP were submitted on January 19, 1989, by Kentucky's Natural
Resources Division and Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Amendments to the Jefferson County Regulations 5.01, 6.12, 6.19,
6.22, 6.29, 6.30, 6.31, 6.32, 6.33, 6.34, and 6.35 adopted on April 20,
1988.
(B) Letter of January 19, 1989, from Kentucky's Natural Resources
and Environmental Protection Cabinet.
(ii) Other materials-none.
(62) Revision to Kentucky Regulation 401 KAR 50:015, Documents
incorporated by reference submitted on February 9, 1989, by the Kentucky
Natural Resources and Environmental Protection Cabinet. Section 5(1)(a)
was amended to incorporate by reference Supplement A to the Guideline on
Air Quality Models (Revised), July 1987. Supplement A became effective
February 5, 1988. Section 12(4) was amended to reflect the current phone
number for the Florence Regional Office. The
[[Page 597]]
revisions to 50:015 became state effective October 26, 1988.
(i) Incorporation by Reference.
(A) Kentucky Regulation 401 KAR 50:015, Documents incorporated by
reference, Section 12(4) was amended on October 26, 1988.
(B) Supplement A to the Guideline on Air Quality Models EPA-450/2-
78-027R that became effective February 5, 1988.
(ii) Other material.
(A) Letter of February 9, 1989, from the Kentucky Natural Resources
and Environmental Protection Cabinet.
(63) Revisions to Kentucky Regulations 401 KAR 50:010, Definitions
and abbreviations and 401 KAR 51:017, Prevention of Significant
Deterioration of Air Quality, submitted on December 29, 1986, by the
Kentucky Natural Resources and Environmental Protection Cabinet.
(i) Incorporation by reference. (A) Revisions in Kentucky
Regulations are as follows. 401 KAR 50:010, Definitions and
abbreviations section 1(49), and 401 KAR 51:017 Prevention of
Significant Deterioration of Air Quality, Section 8(3). These revisions
were state effective December 2, 1986.
(ii) Other material. (A) Letter of February 9, 1988, from the
Kentucky Natural Resources and Environmental Protection Cabinet.
(64) Revisions to Jefferson County Regulation 4, Emergency Episode
submitted on January 19, 1989 and July 12, 1989, by the Kentucky Natural
Resources and Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Revisions to the following Jefferson County Regulation.
(1) Regulation 4, except Regulation 4.02, effective February 16,
1983.
(2) Regulation 4.02 Episode Criteria effective April 20, 1988.
(ii) Other material.
(A) Letters of January 19, 1989 and July 12, 1989, from the Kentucky
Natural Resources and Environmental Protection Cabinet.
(65) Addition of Jefferson County Regulation 2.05, Prevention of
Significant Deterioration of Air Quality, submitted on August 2, 1989,
by the Kentucky Natural Resources and Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Jefferson County Regulation 2.05, Prevention of Significant
Deterioration of Air Quality. This regulation became effective April 19,
1989.
(ii) Other material.
(A) August 2, 1989, letter from the Natural Resources and
Environmental Protection Cabinet.
(66) On July 7, 1988, revisions to Kentucky's State Implementation
Plan for PM10 were submitted by the Kentucky Natural
Resources and Environmental Protection Cabinet. The submittal included a
committal SIP. EPA is taking no action on 401 KAR 51:052, Review of new
sources in or impacting upon non-attainment areas.
(i) Incorporation by reference.
(A) The following revisions to 401 KAR were effective April 14,
1988:
(1) 50:010. Definitions and abbreviations: Section 1. Definitions
and section 2. Abbreviations.
(2) 50:015. Documents incorporated by reference: Sections 1, 3, and
11.
(3) 50:035. Permits.
(4) 51:010. Attainment status designations: Section 1(1) and
Appendices A and B.
(5) 51:017. Prevention of significant deterioration of air quality:
Section 8(4) (e) and (f), section 8(9), section 12(1) (f) and (g), and
Appendices A, B, C, and D.
(6) 53:005. General provisions: Section 3(2).
(7) 53:010. Ambient air quality standards: Appendix A.
(8) 55:005. Significant harm criteria.
(9) 55:010. Episode criteria: Headings and Appendix A.
(10) 59:010. New process operations: Section 3(1) (b) and (c).
(11) 61:020. Existing process operations: Section 3(1)(b).
(12) 61:170. Existing blast furnace casthouses: Necessity and
function paragraph and section 2(3).
(ii) Other material.
(A) Letter of December 7, 1987, from the Kentucky Natural Resources
and Environmental Protection Cabinet.
(B) Letter of July 7, 1988, from the Kentucky Natural Resources and
Environmental Protection Cabinet.
(C) Letter of January 23, 1989, from the Kentucky Natural Resources
and Environmental Protection Cabinet.
[[Page 598]]
(67) Operating permits for nine presses at the Alcan Foil Products
facility located in Louisville were submitted to EPA on July 28, 1989 by
the Commonwealth of Kentucky.
(i) Incorporation by reference. (A) Alcan Foil Products operating
permit numbers 103-74, 104-74, 105-74, 106-74, 110-74, and 111-74 which
became State-effective on February 28, 1990.
(ii) Other material.
(A) Letter of July 28, 1989, from the Commonwealth of Kentucky
Natural Resources and Environmental Protection Cabinet.
(68) Revisions to the Commonwealth of Kentucky State Implementation
Plan (SIP) concerning Jefferson County Volatile Organic Compounds were
submitted on February 12, 1992 by the Kentucky Natural Resources and
Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Revisions to the following Jefferson County Regulations were
effective May 15, 1991.
(1) Regulation 1.02 Definitions: (45), (61), (62), and (91).
(2) Regulation 1.08 Administrative Procedures: Subsections 1.1.1,
1.1.3, 2.2.7, 2.3, and 2.5, Section 3.0 closing paragraph, and
Subsections 4.6, 8.1 and 8.4.
(3) Regulation 6.12 Standard of Performance for Existing Asphalt
Paving Operations: Sections 1.0 and 5.0.
(4) Regulation 6.13 Standard of Performance for Existing Storage
Vessels for Volatile Organic Compounds.
(5) Regulation 6.16 Standard of Performance for Existing Large
Appliance Surface Coating Operations.
(6) Regulation 6.18 Standards of Performance for Existing Solvent
Metal Cleaning Equipment.
(7) Regulation 6.19 Standard of Performance for Existing Metal
Furniture Surface Coating Operations.
(8) Regulation 6.23 Standard of Performance for Existing Dry
Cleaning Facilities: Section 1.0 and Subsection 4.3.
(9) Regulation 6.29 Standard of Performance for Existing Graphic
Arts Facilities Using Rotogravure and Flexography.
(10) Regulation 6.30 Standard of Performance for Existing Factory
Surface Coating Operations of Flat Wood Paneling.
(11) Regulation 6.31 Standard of Performance for Existing
Miscellaneous Metal Parts and Products Surface Coating Operations.
(12) Regulation 6.32 Standard of Performance for Leaks from Existing
Petroleum Refinery Equipment.
(13) Regulation 6.33 Standard of Performance for Existing
Synthesized Pharmaceutical Product Manufacturing Operations.
(14) Regulation 6.34 Standard of Performance for Existing Pneumatic
Rubber Tire Manufacturing Plants.
(15) Regulation 6.35 Standard of Performance for Existing Fabric,
Vinyl and Paper Surface Coating Operations.
(16) Regulation 7.11 Standard of Performance for New Asphalt Paving
Operations: Sections 1.0, 6.0, and 7.0.
(17) Regulation 7.12 Standard of Performance for New Storage Vessels
for Volatile Organic Compounds: Section 1.0, Subsections 2.10, 5.3.2,
5.3.3, and 5.4, and Section 8.0.
(18) Regulation 7.16 Standard of Performance for New Large Appliance
Surface Coating Operations: Section 1.0, Subsections 2.3, 4.2, 4.4, 5.3
and 5.4, and Sections 6.0 and 7.0.
(19) Regulation 7.18 Standards of Performance for New Solvent Metal
Cleaning Equipment: Section 1.0 and Subsection 2.4.
(20) Regulation 7.19 Standard of Performance for New Metal Furniture
Surface Coating Operations: Section 1.0, Subsections 2.3, 4.3, 4.5.1,
5.2, and Sections 6.0 and 7.0.
(21) Regulation 7.23 Standard of Performance for New
Perchloroethylene Dry Cleaning Facilities: Section 1.0 and Subsection
4.5.
(22) Regulation 7.52 Standard of Performance for New Fabric, Vinyl,
and Paper Surface Coating Operations: Section 1.0, Subsections 2.3,
2.12, 4.1, 4.3, 4.5.1, and 5.3, and Section 6.0.
(23) Regulation 7.56 Standard of Performance for Leaks from New
Petroleum Refinery Equipment: Subsection 2.4 and 2.6, and Section 7.0.
(24) Regulation 7.57 Standard of Performance for New Graphic Arts
Facilities Using Rotogravure and Flexography: Section 1.0, Subsections
2.8, 4.2, 4.4.1, and 5.2, and Sections 6.0, 7.0, and 8.0.
[[Page 599]]
(25) Regulation 7.58 Standard of Performance for New Factory Surface
Coating Operations of Flat Wood Paneling: Section 1.0, Subsection 2.5,
4.4.1, and 5.4, and Section 6.0.
(26) Regulation 7.59 Standard of Performance for New Miscellaneous
Metal Parts and Products Surface Coating Operations: Section 1.0,
Subsections 2.2, 2.4, 2.5, 2.8.7, 4.3, 4.5.1, 5.1.1, 5.1.2, 5.1.4, 5.2,
and 5.4, and Sections 6.0 and 7.0.
(27) Regulation 7.60 Standard of Performance for New Synthesized
Pharmaceutical Product Manufacturing Operations: Section 1.0 and Section
2.0.
(28) Regulation 7.61 Standard of Performance for New Pneumatic
Rubber Tire Manufacturing Plants: Section 1.0, Subsections 2.2, 2.3,
2.4, 2.5, 2.6, and 2.7, and Section 3.0.
(ii) Other material.
(A) Letter dated February 12, 1992, from the Commonwealth of
Kentucky Natural Resources and Environmental Protection Cabinet.
(69) Revisions to the Commonwealth of Kentucky State Implementation
Plan (SIP) concerning the Commonwealth and Jefferson County, Kentucky
for Volatile Organic Compounds were submitted on October 20, 1992,
February 17, 1993, and March 4, 1993, by the Kentucky Natural Resources
and Environmental Protection Cabinet.
(i) Incorporation by reference.
(A) Revisions to the following Jefferson County Regulations were
effective November 18, 1992.
(1) Regulation 1.05. Compliance with Emission Standards and
Maintenance Requirements.
(2) Regulation 1.06. Source Self-Monitoring and Reporting.
(3) Regulation 6.17. Standard of Performance for Existing Automobile
and Truck Surface Coating Operations.
(4) Regulation 6.36. Standard of Performance for Existing Metal
Parts and Products Surface Coating Operations at Heavy Duty Truck
Manufacturing Plants.
(B) Revisions to the following Commonwealth of Kentucky Regulations
were effective June 24, 1992.
(1) Regulation 401 KAR 50:010. Definitions and abbreviations of
terms used in Title 401, Chapters 50, 51, 53, 55, 57, 59, 61, 63, and
65.
(2) Regulation 401 KAR 50:012. General application.
(3) Regulation 401 KAR 50:047. Test procedures for capture
efficiency.
(4) Regulation 401 KAR 51:001. Definitions and abbreviations of
terms used in Title 401, Chapter 51.
(5) Regulation 401 KAR 59:001. Definitions and abbreviations of
terms used in Title 401, Chapter 59.
(6) Regulation 401 KAR 59:185. New solvent metal cleaning equipment.
(7) Regulation 401 KAR 59:190. New insulation of magnet wire
operations.
(8) Regulation 401 KAR 59:210. New fabric, vinyl and paper surface
coating operations.
(9) Regulation 401 KAR 59:212. New graphic arts facilities using
rotogravure and flexography.
(10) Regulation 401 KAR 59:214. New factory surface coating
operations of flat wood paneling.
(11) Regulation 401 KAR 59:225. New miscellaneous metal parts and
products surface coating operations.
(12) Regulation 401 KAR 59:230. New synthesized pharmaceutical
product manufacturing operations.
(13) Regulation 401 KAR 59:240. New perchloroethylene dry cleaning
systems.
(14) Regulation 401 KAR 61:001. Definitions and abbreviations of
terms used in Title 401, Chapter 61.
(15) Regulation 401 KAR 61:050. Existing storage vessels for
petroleum liquids.
(16) Regulation 401 KAR 61:090. Existing automobile and light-duty
truck surface coating operations.
(17) Regulation 401 KAR 61:095. Existing solvent metal cleaning
equipment.
(18) Regulation 401 KAR 61:100. Existing insulation of magnet wire
operations.
(19) Regulation 401 KAR 61:105. Existing metal furniture surface
coating operations.
(20) Regulation 401 KAR 61:110. Existing large appliance surface
coating operations.
(21) Regulation 401 KAR 61:120. Existing fabric, vinyl and paper
surface coating operations.
(22) Regulation 401 KAR 61:124. Existing factory surface coating
operations of flat wood paneling.
[[Page 600]]
(23) Regulation 401 KAR 61:125. Existing can surface coating
operations.
(24) Regulation 401 KAR 61:130. Existing coil surface coating
operations.
(25) Regulation 401 KAR 61:132. Existing miscellaneous metal parts
and products surface coating operations.
(26) Regulation 401 KAR 61:137. Leaks from existing petroleum
refinery equipment.
(27) Regulation 401 KAR 61:150. Existing synthesized pharmaceutical
product manufacturing operations.
(28) Regulation 401 KAR 61:155. Existing pneumatic rubber tire
manufacturing plants.
(29) Regulation 401 KAR 61:160. Existing perchloroethylene dry
cleaning systems.
(30) Regulation 401 KAR 61:175. Leaks from existing synthetic
organic chemical and polymer manufacturing equipment.
(31) Regulation 401 KAR 63:001. Definitions and abbreviations of
terms used in Title 401, Chapter 63.
(32) Regulation 401 KAR 63:025. Asphalt paving operations.
(C) Kentucky Regulation 401 KAR 59:315, Specific New Sources,
effective June 24, 1992.
(D) Revisions to following Kentucky Regulations were effective
February 8, 1993.
(1) Regulation 401 KAR 51:010. Attainment Status Designations.
(2) Regulation 401 KAR 59:175. New service stations.
(3) Regulation 401 KAR 61:085. Existing service stations.
(4) Regulation 401 KAR 63:031. Leaks from Gasoline Tanks.
(ii) Other material. None.
(70) The maintenance plan for the Owensboro and Edmonson County
Areas which include Daviess, a portion of Hancock, and Edmonson Counties
submitted by the Commonwealth of Kentucky Natural Resources and
Environmental Protection Cabinet on November 13, 1992, November 24,
1992, March 10, 1993, July 16, 1993, March 3, 1994, and August 29, 1994,
as part of the Kentucky SIP. The 1990 Baseline Emission Inventory for
the Owensboro and Edmonson County areas which include Daviess, a portion
of Hancock, and Edmonson Counties.
(i) Incorporation by reference.
(A) Commonwealth of Kentucky Attainment Demonstration and Ten Year
Maintenance Plan for All Areas Designated Marginal Nonattainment for
Ozone. The effective date is December 28, 1992.
(B) Attachment A--Demonstration of Permanent and Enforceable
Reductions and Calculations of Interim Year Emission Projections. The
effective date is August 26, 1994.
(C) Attachment B--VOC Emissions Summary for Kentucky's Marginal
Ozone Nonattainment Areas. The effective date is August 26, 1994.
(D) Attachment C--CO Emissions Summary for Kentucky's Marginal Ozone
Nonattainment Areas. The effective date is August 26, 1994.
(E) Attachment D--NOX Emissions Summary for Kentucky's
Marginal Ozone Nonattainment Areas. The effective date is August 26,
1994.
(F) Table 6-12 Biogenic Emissions Hancock County, Kentucky. The
effective date is December 28, 1992.
(G) Table 6-11 Biogenic Emissions Daviess County, Kentucky. The
effective date is December 28, 1992.
(H) Table 6-1. Biogenic Emissions Edmonson County, Kentucky. The
effective date is December 28, 1992.
(ii) Other material.
(A) February 28, 1994, letter from John E. Hornback, Director,
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch.
(B) October 4, 1994, letter from Phillip J. Shepherd, Secretary,
Natural Resources and Environmental Protection Cabinet to John H.
Hankinson, Regional Administrator, USEPA Region IV.
(71) The Commonwealth of Kentucky, Natural Resources and
Environmental Protection Cabinet submitted revisions to the Kentucky
State Implementation Plan on January 15, 1993 These revisions address
the requirements of section 507 of title V of the CAA and establish the
Small Business Stationary Source Technical and Environmental Assistance
Program (PROGRAM).
(i) Incorporation by reference.
(A) Revision to the Kentucky State Implementation Plan to
incorporate document titled ``Kentucky Small Business Stationary Source
Technical Environmental Assistance Program''
[[Page 601]]
which was approved by the Kentucky Natural Resources and Environmental
Protection Cabinet effective on July 15, 1993.
(ii) Additional Material. None.
(72) Modifications to the existing basic I/M program in Jefferson
County to implement an anti-tampering check, pressure testing of the
evaporative control system, and testing of commuter vehicles submitted
by the Commonwealth of Kentucky on November 12, 1993.
(i) Incorporation by reference. Regulation 8.01 and 8.02, adopted on
February 17, 1993, and Regulation 8.03 adopted on February 17, 1993.
(ii) Other material. None.
(73) The maintenance plan for the Paducah area which include
Livingston and Marshall Counties submitted by the Commonwealth of
Kentucky Natural Resources and Environmental Protection Cabinet on
November 13, 1992, November 24, 1992, March 10, 1993, July 16, 1993,
March 3, 1994, and August 29, 1994, as part of the Kentucky SIP. The
1990 Baseline Emission Inventory for the Paducah area which include
Livingston and Marshall Counties.
(i) Incorporation by reference.
(A) Commonwealth of Kentucky Attainment Demonstration and Ten Year
Maintenance Plan for all areas designated Marginal Nonattainment for
Ozone. The effective date is January 15, 1993.
(B) Table 6-13 Biogenic Emissions, Livingston County, Kentucky. The
effective date is January 15, 1993.
(C) Table 6-14 Biogenic Emissions, Marshall County, Kentucky. The
effective date is January 15, 1993.
(ii) Other material.
(A) January 15, 1993, letter from Phillip J. Shepherd, Secretary,
Natural Resources and Environmental Protection Cabinet to Patrick Tobin,
Acting Regional Administrator, U.S. EPA Region IV.
(B) February 28, 1994, letter from John E. Hornback, Director,
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch.
(C) October 4, 1994, letter from Phillip J. Shepherd, Secretary,
Natural Resources and Environmental Protection Cabinet to John H.
Hankinson, Regional Administrator, U.S. EPA Region IV.
(74)-(75) [Reserved]
(76) The maintenance plan and for the Lexington area which include
Fayette and Scott Counties submitted by the Commonwealth of Kentucky
Natural Resources and Environmental Protection Cabinet on November 13,
1992, November 24, 1992, March 10, 1993, July 16, 1993, March 3, 1994,
and August 29, 1994, September 28, 1994 and June 14, 1995, as part of
the Kentucky SIP. The 1990 Baseline Emission Inventory for the Lexington
area which include Fayette and Scott Counties.
(i) Incorporation by reference.
(A) Commonwealth of Kentucky Attainment Demonstration and Ten Year
Maintenance Plan for all areas designated Marginal Nonattainment for
Ozone. The effective date is January 15, 1993.
(B) Table 6-6 Biogenic Emissions Fayette County, Kentucky. The
effective date is January 15, 1993.
(C) Table 6-7 Biogenic Emissions, Scott, Kentucky. The effective
date is January 15, 1993.
(ii) Other material.
(A) February 28, 1994, letter from John E. Hornback, Director,
Division for Air Quality to Mr. Doug Neeley, Chief, Air Programs Branch.
(B) October 4, 1994, letter from Phillip J. Shepherd, Secretary,
Natural Resources and Environmental Protection Cabinet to John H.
Hankinson, Regional Administrator, U.S. EPA Region 4.
(C) January 15, 1993, letter from Phillip J. Shepherd, Secretary,
Natural Resources and Environmental Protection Cabinet to Patrick M.
Tobin, Acting Regional Administrator, U.S. EPA Region 4.
(77) Revisions to the Commonwealth of Kentucky State Implementation
Plan (SIP) concerning emission statements were submitted on December 29,
1994, by the Kentucky Natural Resources and Environmental Protection
Cabinet.
(i) Incorporation by reference.
(A) Regulation 401 KAR 50:035 Permits. Section 1, Section 2(1) and
Section 10. Regulation became effective September 28, 1994.
(ii) None.
[[Page 602]]
(78) Operating Permit requiring VOC RACT for Calgon Corporation in
the Kentucky portion of the Ashland/Huntington ozone nonattainment area,
submitted November 11, 1994.
(i) Incorporation by reference. Natural Resources and Environmental
Protection Cabinet; Kentucky Department for Environmental Protection;
Division for Air Quality; Permit 0-94-020; Calgon Carbon Corporation,
effective on November 17, 1994.
(ii) Other material. Letter of November 23, 1994, from the
Commonwealth of Kentucky Natural Resources and Environmental Protection
Cabinet.
(79) Revisions to the Commonwealth of Kentucky State Implementation
Plan (SIP) regarding the definition of volatile organic compound (VOC)
submitted on January 27, 1995.
(i) Incorporation by reference.
(A) 401 KAR 50:010. Definitions and abbreviations of terms used in
401 KAR Chapters 50, 51, 53, 55, 57, 59, 61, 63, and 65, effective April
6, 1995.
(B) 401 KAR 51:001. Definitions and abbreviations of terms used in
401 KAR Chapter 51, effective April 6, 1995.
(C) 401 KAR 59:001. Definitions and abbreviations of terms used in
401 KAR Chapter 59, effective April 6, 1995.
(D) 401 KAR 61:001. Definitions and abbreviations of terms used in
401 KAR Chapter 61, effective April 6, 1995.
(E) 401 KAR 63:001. Definitions and abbreviations of terms used in
401 KAR Chapter 63, effective April 6, 1995.
(F) 401 KAR 65:001. Definitions and abbreviations of terms used in
401 KAR Chapter 65, effective April 6, 1995.
(ii) Other material.
(A) May 4, 1995, letter from Phillip J. Shepherd, Secretary, Natural
Resources and Environmental Protection Cabinet to John H. Hankinson,
Regional Administrator, U.S. EPA, Region IV.
(80) The maintenance plan for the Ashland-Huntington area which
includes Boyd and a portion of Greenup Counties was submitted by the
Commonwealth of Kentucky Natural Resources and Environmental Protection
Cabinet on November 13 and May 24, 1995, as part of the Kentucky SIP.
The 1990 Baseline Emission Inventory for the Ashland-Huntington area
which includes Boyd and a portion of Greenup Counties which was
submitted on November 13, 1992.
(i) Incorporation by reference.
(A) Kentucky Natural Resources and Environmental Protection Cabinet
Request to Redesignate the Huntington/Ashland Moderate Ozone
Nonattainment Area, Maintenance Plan, effective May 24, 1995.
(B) Appendix F Kentucky Projected Emissions Summary: VOC, CO, and
NOX, effective May 24, 1995.
(C) Table 6-1 Summary of Biogenic Emissions Huntington-Ashland MSA,
effective May 24, 1995.
(ii) Other material.
(A) May 24, 1995, letter from Phillip J. Shepherd, Secretary,
Natural Resources and Environmental Protection Cabinet to John H.
Hankinson, Regional Administrator, USEPA Region 4.
(81) Revisions to air permit rules submitted by the Kentucky Natural
Resources and Environmental Protection Cabinet on December 29, 1994.
(i) Incorporation by reference. Revised Rule 401 KAR 50:035,
``Permits'', Sections 1 through 7, effective September 28, 1994.
(ii) Other material. None.
(82) Revision to the Kentucky State Implementation Plan; Regulation
6.40 of the Air Pollution Control District of Jefferson County which was
submitted to EPA on March 4, 1993.
(i) Incorporation by reference.
Regulation 6.40 Standards of Performance for Gasoline Transfer to
Motor Vehicles (Stage II Vapor Recovery and Control) which were adopted
on December 16, 1992.
(ii) Other material. None.
(83) Revisions to the Kentucky State Implementation Plan submitted
by the Natural Resources and Environmental Protection Cabinet on June
15, 1983.
(i) Incorporation by reference.
401 KAR 50:025 Classification of Counties, and 401 KAR 61:015
Existing Indirect Heat Exchangers, effective June 1, 1983.
(ii) Additional material. None.
(84) Revisions to the Kentucky State Implementation Plan submitted
by the Natural Resources and Environmental Protection Cabinet on
December 29, 1994. The regulations being revised are 401 KAR 59:101 New
Bulk Gasoline
[[Page 603]]
Plants and 401 KAR 61:056 Existing Bulk Gasoline Plants.
(i) Incorporation by reference. Division for Air Quality regulations
401 KAR 59:101 New bulk gasoline plants, and 401 KAR 61:056 Existing
bulk gasoline plants, effective September 28, 1994.
(ii) Additional material. None.
(85) The Commonwealth of Kentucky submitted revisions to the
Kentucky SIP on June 19, 1996. These revisions involve changes to 401
KAR Chapters 50, 51, 59, 61, 63, and 65.
(i) Incorporation by reference. 401 KAR Chapters 50:010(62),
51.001(62), 59:001(63), 61:001(63), 63:001(62), and 65:001(31) of the
Kentucky regulations effective on June 6, 1996.
(ii) Other material. None.
(86) Revision to the Kentucky State Implementation Plan submitted by
the Natural Resources and Environmental Protection Cabinet on May 20,
1997. The revision is for the Reynolds Metals Company.
(i) Incorporation by reference. Air Pollution Control District of
Jefferson County Permit numbers 103-74, 104-74, 105-74, 106-74, 110-74,
and 111-74, effective April 16, 1997.
(ii) Other material. None.
(87) Revisions to the Kentucky State Implementation Plan submitted
by the Natural Resources and Environmental Protection Cabinet on March
21, 1997. The regulation being revised is 401 KAR 51:017 Prevention of
significant deterioration of air quality.
(i) Incorporation by reference. Division of Air Quality regulations
401 KAR 51:017 Prevention of significant deterioration of air quality
effective March 12, 1997.
(ii) Other material. None.
(88) Modifications to the existing basic I/M program in Jefferson
County to implement loaded mode testing of vehicles submitted by the
Commonwealth of Kentucky on November 10, 1997.
(i) Incorporation by reference.
Regulation 8.01 and 8.02, adopted on October 15, 1997.
(ii) Other material. None.
(89) Revisions to the Kentucky State Implementation Plan submitted
by the Natural Resources and Environmental Protection Cabinet on
December 19, 1997. The regulations being revised are 401 KAR 50:012
General application and 401 KAR 51:010 Attainment status designations.
(i) Incorporation by reference. Division of Air Quality regulations
401 KAR 50:012 General application and 401 KAR 51:010 Attainment status
designations are effective November 12, 1997.
(ii) Other material. None.
(90) [Reserved]
(91) The maintenance plan for Edmonson County and Owensboro ozone
area submitted by the Commonwealth of Kentucky through the Natural
Resources and Environmental Protection Cabinet on April 16, 1998, as
part of the Kentucky SIP.
(i) Incorporation by reference.
Mobile Emissions Budgets for Owensboro Area and Edmonson County
Marginal Ozone Maintenance Areas: Introduction page and Tables 1 through
8 effective April 14, 1998.
(ii) Other material. None.
(92) Revisions to the Kentucky State Implementation Plan submitted
by the Natural Resources and Environmental Protection Cabinet on
February 3, 1998. The regulations being revised are 401 KAR 59:174 Stage
II control at gasoline dispensing facilities, 401 KAR 63:005 Open
burning, and 401 KAR 65:010 Vehicle emission control programs rules.
Adoption of the Kentucky 15 Percent Plan, the I/M program and the 1990
baseline emissions inventory.
(i) Incorporation by reference.
(A) Division of Air Quality regulations 401 KAR 59:174 Stage II
control at gasoline dispensing facilities, 401 KAR 63:005 Open burning,
and 401 KAR 65:010 Vehicle emission control programs rules are effective
January 12, 1998.
(B) Tables showing the Cincinnati 1990 Baseline Emissions Inventory,
1990 Adjusted Baseline Inventory, and 1990 Rate of Progress Inventory,
Summary of Biogenic Emissions and Anticipated Emissions after Plan
Implementation which are effective September 11, 1998.
(ii) Other material. None.
(93) Modifications to the existing basic I/M program in Jefferson
County to implement a check of a vehicle's On-Board Diagnostic system,
for vehicles of model 1996 and newer that are so equipped, submitted by
the Commonwealth of Kentucky on August 27, 1998.
[[Page 604]]
(i) Incorporation by reference. Regulation 8.02, adopted on July 15,
1998.
(ii) Other material. None.
(94) [Reserved]
(95) Revisions to the Jefferson County portion of the Kentucky State
Implementation Plan submitted by the Kentucky Natural Resources and
Environmental Protection Cabinet on November 10, 1998. The regulation
being added is Regulation 2.17, Federally Enforceable District Origin
Operating Permits.
(i) Incorporation by reference. Air Pollution Control District of
Jefferson County Regulation 2.17, Federally Enforceable District Origin
Operating Permits effective June 21, 1995.
(ii) Other material. None.
[37 FR 10868, Mar. 31, 1972. Redesignated at 64 FR 28750, May 27, 1999]
Editorial Note: For Federal Register citations affecting
Sec. 52.939, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.
Subpart T--Louisiana
Sec. 52.970 Identification of plan.
(a) Purpose and scope. This section sets forth the applicable State
Implementation Plan (SIP) for Louisiana under section 110 of the Clean
Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air
quality standards.
(b) Incorporation by reference. (1) Material listed in paragraphs
(c),(d) and (e) of this section with an EPA approval date prior to July
1, 1998, was approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. Material is incorporated as it exists on the date of the approval,
and notice of any change in the material will be published in the
Federal Register. Entries in paragraphs (c), (d) and (e) of this section
with EPA approval dates after July 1, 1998, will be incorporated by
reference in the next update to the SIP compilation.
(2) EPA Region 6 certifies that the rules/regulations provided by
EPA in the SIP compilation at the addresses in paragraph (b)(3) of this
section are an exact duplicate of the officially promulgated State
rules/regulations which have been approved as part of the State
Implementation Plan as of July 1, 1998.
(3) Copies of the materials incorporated by reference may be
inspected at the Region 6 EPA Office at 1445 Ross Avenue, Suite 700,
Dallas, Texas, 75202-2733; the EPA, Air and Radiation Docket and
Information Center, Air Docket (6102), 401 M St., SW., Washington, DC
20460; or at the Office of Federal Register, 800 North Capitol Street,
NW, Suite 700, Washington, DC.
(c) EPA approved regulations.
EPA Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State approval date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
LAC Title 33. Environmental Quality Part III. Air
Chapter 1--General Provisions
----------------------------------------------------------------------------------------------------------------
Section 101................... Authority, Matter Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Incorporated by 09795
Reference, and
Permit Fee System.
Section 103................... Scope and Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Severability of 09795
Air Regulations.
Section 107................... Procedure for Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Handling 09795
Investigations,
Complaints and
Confidentiality.
Section 109................... Necessary Changes Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
for Approval of 09795
Compliance
Schedules and
Annual Report
Requirements.
Section 111................... Definitions under Aug. 1991, LR17:777 05/05/94, 59 FR Ref 52.999(c)(60)
the Louisiana Air 23166
Regulations.
----------------------------------------------------------------------------------------------------------------
Chapter 2--Rules and Regulations for the Fee System of the Air Quality Control Programs
----------------------------------------------------------------------------------------------------------------
Section 223................... Fee Schedule Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
Listing. 54308
----------------------------------------------------------------------------------------------------------------
[[Page 605]]
Chapter 5--Permit Procedures
----------------------------------------------------------------------------------------------------------------
Section 501................... Authority......... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 503................... Procedures for Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Notification for 09795
Interstate
Pollution.
Section 504................... Nonattainment New Feb. 20, 1997 01/05/99, 64 FR 415 .................
Source Review
Procedures.
Section 505................... For Emissions Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Below PSD de 09795
minimis Levels.
Correction 03/06/ Ref 52.999(c)(58)
92, 57 FR 08076
Section 507................... Notification Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Requirement (for 09795
Emission
Reduction).
Section 509................... Prevention of Feb. 1995, LR21:170 10/15/96, 61 FR Ref 52.999(c)(69)
Significant 53639
Deterioration.
----------------------------------------------------------------------------------------------------------------
Chapter 6--Regulations on Control of Emissions Reduction Credits Banking
----------------------------------------------------------------------------------------------------------------
Section 601................... Background and Aug. 1994, LR20:874 07/02/99, 64 FR .................
Purpose. 35939
Section 603................... Applicability..... Aug. 1994, LR20:874 07/02/99, 64 FR .................
35939
Section 605................... Definitions....... Aug. 1994, LR20:874 07/02/99, 64 FR .................
35939
Section 607................... Stationary Point Aug. 1994, LR20:877 07/02/99, 64 FR .................
Source Reductions. 35939
Section 613................... ERC Bank Balance Aug. 1994, LR20:877 07/02/99, 64 FR .................
Sheet. 35939
Section 615................... Schedule for Jul. 1995, LR21:681 07/02/99, 64 FR Approves original
Submitting 35939 rule (adopted 8/
Applications. 94) and
subsequent
revision
(adopted 07/95).
Section 617................... Review and Aug. 1994, LR20:878 07/02/99, 64 FR .................
Approval of ERC 35939
Bank Balance
Sheets.
Section 619................... Registration of Aug. 1994, LR20:879 07/02/99, 64 FR .................
Emission 35939
Reduction Credit
Certificates.
Section 621................... Protection of Aug. 1994, LR20:679 07/02/99, 64 FR .................
Banked ERCs. 35939
Section 623................... Withdrawal, Use, Aug. 1994, LR20:880 07/02/99, 64 FR .................
and Transfer of 35939
Emission
Reduction Credits.
Section 625................... Application and Aug. 1994, LR20:880 07/02/99, 64 FR
Processing Fees. 35939
----------------------------------------------------------------------------------------------------------------
Chapter 7--Ambient Air Quality
----------------------------------------------------------------------------------------------------------------
Section 701................... Purpose and Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Information 09795
Regarding
Standards for
PM10, SO2, CO,
Atmospheric
Oxidants, NOX and
Pb.
Section 703................... Scope of Ambient Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Air Quality 09795
Standards for
PM10, SO2, CO,
Ozone, NOX, and
Pb.
Section 705................... Standards: Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Description of 09795
Ambient Air
Quality Standards.
Section 707................... Degradation of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Ambient Air 09795
Having Higher
Quality than Set
Forth in these
Sections
Restricted.
Section 709................... Measurement of Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Concentrations 25451
PM10, SO2, CO,
Atmospheric
Oxidants, NOX,
and Pb.
Table 1....................... Primary Ambient Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Air Quality 25451
Standards.
Table 1a...................... Secondary Ambient Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Air Quality 25451
Standards.
Table 2....................... Ambient Air-- Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Methods of 25451
Contaminant
Measurements.
----------------------------------------------------------------------------------------------------------------
Chapter 9--General Regulations on Control of Emissions and Emission Standards
----------------------------------------------------------------------------------------------------------------
Section 901................... Purpose........... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 903................... Scope............. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 905................... Control Facilities Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
to be Installed 09795
When Feasible.
Section 907................... Emission Resulting Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
in Undesirable 09795
Levels Not
Allowed (From
Refuse Disposal).
Section 909................... Responsible Person Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
to have Test Made. 09795
[[Page 606]]
Section 911................... Department May Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Make Tests. 09795
Section 913................... New Sources to Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Provide Sampling 09795
Ports.
Section 915................... Emission Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Monitoring 09795
Requirements:
Applicability,
Special
Considerations,
Exemptions, and
Circumvention.
Section 917................... Variances......... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 918................... Recordkeeping and Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Annual Reporting. 09795
Section 919................... Emission Inventory Oct. 1994, LR20:1102 01/06/95, 60 FR Ref 52.999(c)(65)
02016
Section 921................... Stack Heights..... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 923................... Maintenance of Pay Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 925................... Mass Emission Rate Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Control Plan. 09795
Section 927................... Notification Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Required 09795,
(Emergency
Occurrences).
Section 929................... Violation of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Emission 09795
Regulation Cannot
be Authorized.
----------------------------------------------------------------------------------------------------------------
Chapter 11--Control of Emissions From Smoke
----------------------------------------------------------------------------------------------------------------
Section 1101.................. Control of Air Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Pollution from 09795
Smoke: Purpose
and Control of
Smoke.
Section 1103.................. Impairment of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Visibility on 09795
Public Roads
Prohibited.
Section 1105.................. Smoke from Flaring Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Shall be no 09795
Darker than No. 1
Ringelmann.
Section 1107.................. Exemptions........ Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 1109.................. Control of Air Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Pollution from 09795
Outdoor Burning.
Section 1111.................. Exclusion: Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Variance, 09795
Unpopulated Areas
and Water Vapor.
----------------------------------------------------------------------------------------------------------------
Chapter 13--Emission Standards for Particulate Matter
----------------------------------------------------------------------------------------------------------------
Subchapter A.................. General
Section 1301.................. Emission Standards Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
for Particulate 25451
Matter.
Section 1303.................. Provision Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Governing 25451
Specific
Activities.
Section 1305.................. Control of Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Fugitive 25451
Emissions.
Section 1307.................. Degradation....... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 1309.................. Measurements of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Concentrations. 09795
----------------------------------------------------------------------------------------------------------------
Subchapter B.................. Fluid Catalytic Cracking Units
Section 1311.................. Emission Limits-- Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Including Fluid 25451
Catalytic
Cracking Units.
----------------------------------------------------------------------------------------------------------------
Subchapter C.................. Fuel Burning Equipment
Section 1313.................. Emissions from Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Fuel Burning 25451
Equipment.
Section 1315.................. More Stringent Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Regulations may 25451
be Prescribed if
Particulates are
Toxic.
Section 1317.................. Exclusions........ Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
----------------------------------------------------------------------------------------------------------------
Subchapter D.................. Refuse Incinerators
Section 1319.................. Refuse Jun 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Incinerators: 25451
Purpose, Scope,
Capacity,
Approval of,
Allowable
Emissions,
Disposal, and
Restrictions.
----------------------------------------------------------------------------------------------------------------
Subchapter E.................. Leadened Particulate Matter
Section 1321.................. Emission Standards Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
for Leaded 09795
Particulate
Matter.
Table 3....................... Allowable Rate of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Emissions Based 09795
on Process Weight
Rate.
----------------------------------------------------------------------------------------------------------------
Chapter 14--Conformity
----------------------------------------------------------------------------------------------------------------
Subchapter A.................. Determining Conformity of General Federal Actions to State or Federal
Implementations Plans
Section 1401.................. Purpose........... Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
48409
[[Page 607]]
Section 1402.................. Scope............. Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
48409
Section 1403.................. Prohibition....... Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
48409
Section 1404.................. Definitions....... Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
48409
Section:
1405...................... Applicability..... Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
48409
1405.B.................... .................. 06/20/97, LR23:720 03/09/98, 63 FR Ref 52.999(c)(75)
11372
Section 1406.................. Conformity Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
Analysis. 48409
Section 1407.................. Reporting Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
Requirements. 48409
Section 1408.................. Public Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
Participation. 48409
Section 1409.................. Frequency of Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
Conformity 48409
Determinations.
Section 1410.................. Criteria for Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
Determining 48409
Conformity of
General Federal
Actions.
Section 1411.................. Procedures for Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
Conformity 48409
Determinations of
General Federal
Actions.
Section 1412.................. Mitigation of Air Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
Quality Impacts. 48409
Section 1413.................. Department Review. Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
48409
Section 1414.................. Enforcement Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
Provisions. 48409
Section 1415.................. Savings Provision. Nov. 1994, LR20:1268 09/13/96, 61 FR Ref 52.999(c)(67)
48409
Subchapter B.................. 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
Section 1431.................. Purpose........... Sept. 1998, 12/29/99, 64 FR
LR24:1684 72938
Section 1432.................. Incorporation by July 1998, LR24:1280 12/29/99, 64 FR No action is
Reference. 72938 taken on the
portions of LAC
33:III.1432 that
contain 40 CFR
93.102(c),
93.104(d),
93.109(c)-(f),
93.118(e),
93.120(a)(2),
93.121(a)(1),
and 93.124(b).
Section 1434.................. Consultation...... Nov. 1994, 12/29/99, 64 FR
LR20:1278; July 72938
1998, LR24:1280;
Sept. 1998,
LR24:1684; Oct.
1998, LR24:1925
----------------------------------------------------------------------------------------------------------------
Chapter 15--Emission Standards for Sulfur Dioxide
----------------------------------------------------------------------------------------------------------------
Section 1501.................. Degradation of Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59)
Existing Emission 38060
Quality
Restricted.
Section 1503.................. Emission Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59)
Limitations. 38060
Section 1505.................. Variance.......... Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59)
38060
Section 1507.................. Exceptions, Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59)
Startup 38060
provisions,
Online Operating
Adjustments, and
Bubble Concept.
Section 1509.................. Reduced Sulfur Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59)
Compounds (New 38060
and Existing
Sources).
Section 1511.................. Continuous Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59)
Emissions 38060
Monitoring.
Section 1513.................. Recordkeeping and Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59)
Reporting. 38060
Table 4....................... Emissions--Methods Apr. 1992, LR18:374 07/15/93, 58 FR Ref 52.999(c)(59)
of Contaminant 38060
Measurement.
----------------------------------------------------------------------------------------------------------------
Chapter 17--Control of Emissions of Carbon Monoxide (New Sources)
----------------------------------------------------------------------------------------------------------------
Subchapter A.................. General
Section 1701.................. Degradation of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Existing Emission 09795
Quality
Restricted.
----------------------------------------------------------------------------------------------------------------
Subchapter B.................. Ferrous Metal Emissions
Section 1703.................. Ferrous Metal Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Emissions. 09795
----------------------------------------------------------------------------------------------------------------
Subchapter C.................. Petroleum Refinery Emissions
Section 1705.................. Petroleum Refinery Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Emissions. 09795
----------------------------------------------------------------------------------------------------------------
Chapter 19--Mobile Sources
----------------------------------------------------------------------------------------------------------------
Subchapter B.................. Clean Fuel Fleet
Section 1951.................. Purposes.......... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
54308
[[Page 608]]
Section 1953.................. General Provisions Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
54308
Section 1955.................. Definitions....... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
54308
Section 1957.................. Exemptions........ Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
54308
Section 1959.................. Emissions Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
Standards. 54308
Section 1961.................. Credits Program... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
54308
Section 1963.................. Emissions Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
Reduction Credits 54308
Program--Reserved.
Section 1965.................. Recordkeeping..... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
54308
Section 1967.................. Conversion to Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
Clean Fuel 54308
Vehicles--Reserve
d.
Section 1969.................. Fuel Provider Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
Requirements. 54308
Section 1971.................. Enforcement....... Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
54308
Section 1973.................. Fees.............. Nov. 1994, LR20:1263 10/23/95, 60 FR Ref 52.999(c)(66)
54308
----------------------------------------------------------------------------------------------------------------
Chapter 21--Control of Emissions of Organic Compounds
----------------------------------------------------------------------------------------------------------------
Subchapter A.................. General
Section 2101.................. Compliance Nov. 1990, LR16:959 05/05/94, 59 FR Ref 52.999(c)(60)
Schedules. 23166
Section 2103.................. Storage of Dec. 1995, LR21:1333 10/22/96, 61 FR Ref 52.999(c)(71)
Volatile Organic 54737 (E)(F)(G)
Compounds (Large
Tanks).
Section 2105.................. Storage of .................... ................... NOT IN SIP
Volatile Organic
Components (Small
Tanks).
Section 2107.................. Volatile Organic Apr. 1991, LR17:360 05/05/94, 59 FR Ref 52.999(c)(60)
Compounds--Loadin 23166
g.
Section 2108.................. Marine Vapor Nov. 1990, LR16:959 10/22/96, 61 FR Ref 52.999(c)(71)
Recovery. 54737 (A)(B)
Section 2109.................. Oil/Water-- Oct. 1992, LR18:1122 07/25/96, 61 FR Ref 52.999(c)(64)
Separation. 38590
Section 2111.................. Pumps and Apr. 1991, LR17:360 05/05/94, 59 FR Ref 52.999(c)(60)
Compressors. 23166
Section 2113.................. Housekeeping...... Apr. 1991, LR17:360 05/05/94, 59 FR Ref 52.999(c)(60)
23166
Section 2115.................. Waste Gas Disposal Mar. 1993, LR19:317 07/25/96, 61 FR Ref 52.999(c)(64)
and Exemptions. 38590
Section 2117.................. Exemptions........ Feb. 1990, LR16:116 05/05/94, 59 FR Ref 52.999(c)(60)
23166
Section 2119.................. Variances......... Feb. 1990, LR16:116 05/05/94, 59 FR Ref 52.999(c)(60)
23166
Section 2121.................. Fugitive Emission Jul. 1991, LR17:654 05/05/94, 59 FR Ref 52.999(c)(60)
Control. 23166
Section 2122.................. Fugitive Emission Nov. 1994, LR20:1269 10/22/96, 61 FR Ref 52.999(c)(71)
Control for Ozone 54737 (C)(D)
Nonattainment
Areas.
----------------------------------------------------------------------------------------------------------------
Subchapter B.................. Organic Solvents
Section 2123.................. Organic Solvents.. Oct. 1992, LR18:1122 07/25/96, 61 FR Ref 52.999(c)(64)
38590
----------------------------------------------------------------------------------------------------------------
Subchapter C.................. Vapor Degreasers
Section 2125.................. Vapor Degreasers.. Oct. 1992, LR18:1122 07/25/96, 61 FR Ref 52.999(c)(64)
38590
----------------------------------------------------------------------------------------------------------------
Subchapter D.................. Cutback Paving Asphalt
Section 2127.................. Cutback Paving Apr. 1991, LR17:360 05/05/94, 59 FR Ref 52.999(c)(60)
Asphalt. 23166
----------------------------------------------------------------------------------------------------------------
Subchapter E.................. Perchloroethylene Dry Cleaning Systems
Section 2129.................. Perchloroethylene Nov. 1990, LR16:959 05/05/94, 59 FR Ref 52.999(c)(60)
Dry Cleaning 23166
Systems.
----------------------------------------------------------------------------------------------------------------
Subchapter F.................. Gasoline Handling
Section 2131.................. Filling of Oct. 1992, LR18:1122 07/25/96, 61 FR Ref 52.999(c)(64)
Gasoline Storage 38590
Vessels.
Section 2132.................. Stage II Vapor Jan. 1993, LR19:46 03/25/94, 59 FR Ref 52.999(c)(61)
Recovery Systems 14114
for Control of
Vehicle Refueling
Emissions at
Gasoline
Dispensing
Facilities.
Section 2133.................. Gasoline Bulk Jul. 1990, LR16:609 05/05/94, 59 FR Ref 52.999(c)(60)
Plants. 23166
Section 2135.................. Bulk Gasoline Oct.1992, LR18:1123 07/25/96, 61 FR Ref 52.999(c)(64)
Terminals. 38590
Section 2137.................. Gasoline Terminal Jul. 1990, LR16:609 05/05/94, 59 FR Ref 52.999(c)(60)
Vapor-Tight 23166
Control Procedure.
----------------------------------------------------------------------------------------------------------------
Subchapter G.................. Petroleum Refinery Operations
Section 2139.................. Refinery Vacuum Jul. 1991, LR17:654 05/05/94, 59 FR Ref 52.999(c)(60)
Producing Systems. 23166
Section 2141.................. Refinery Process Jul. 1991, LR17:654 05/05/94, 59 FR Ref 52.999(c)(60)
Unit Turnarounds. 23166
----------------------------------------------------------------------------------------------------------------
Subchapter H.................. Graphic Arts
Section 2143.................. Graphic Arts Oct. 1992, LR18:1123 07/25/96, 61 FR Ref 52.999(c)(64)
(Printing) by 38590
Rotogravure and
Flexographic
Processes.
----------------------------------------------------------------------------------------------------------------
Subchapter I.................. Pharmaceutical Manufacturing Facilities
[[Page 609]]
Section 2145.................. Pharmaceutical Nov. 1990, LR16:959 05/05/94, 59 FR Ref 52.999(c)(60)
Manufacturing 23166
Facilities.
----------------------------------------------------------------------------------------------------------------
Subchapter J.................. Limiting Volatile Organic Compound (VOC) Emissions from Reactor Processes and
Distillation Operations in the Synthetic Organic Chemical Manufacturing
Industry (SOCMI)
Section 2147.................. Limiting VOC Apr. 1995, LR21:380 12/02/97, 62 FR Ref 52.999(c)(74)
Emissions from 63658
SOCMI Reactor
Process and
Distillation
Operations.
----------------------------------------------------------------------------------------------------------------
Subchapter K.................. Limiting Volatile Organic Compound Emissions from Batch Processing
Section 2149.................. Limiting Volatile Apr. 1995, LR21:387 12/02/97, 62 FR Ref 52.999(c)(74)
Organic Compound 63658
Emissions from
Batch Processing.
----------------------------------------------------------------------------------------------------------------
Subchapter L.................. Limiting Volatile Organic Compound Emissions from Cleanup Solvent Processing
Section 2151.................. Limiting Volatile Apr. 1995, LR21:391 12/02/97, 62 FR Ref 52.999(c)(74)
Organic Compound 63658
Emissions from
Cleanup Solvent
Processing.
Table 8....................... Untitled [List of Dec. 1987, LR13:741 05/05/94, 59 FR Ref 52.999(c)
Synthetic Organic 23166 (49) and (60).
Chemicals]. Table approved
at (c)(49)
included CAS
numbers. Table
approved at
(c)(60) did not
include CAS
numbers
----------------------------------------------------------------------------------------------------------------
Chapter 23--Control of Emissions from Specific Industries
----------------------------------------------------------------------------------------------------------------
Subchapter A.................. Chemical Woodpulping Industry
Section 2301.................. Control of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Emissions from 09795
the Chemical
Woodpulping
Industry.
----------------------------------------------------------------------------------------------------------------
Subchapter B.................. Aluminum Plants
Section 2303.................. Standards for Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Horizontal Stud 09795
Soderberg Primary
Aluminum Plants
and Prebake
Primary Aluminum
Plants.
----------------------------------------------------------------------------------------------------------------
Subchapter C.................. Phosphate Fertilizer Plants
Section 2305.................. Fluoride Emissions Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Standards for 09795
Phosphate
Fertilizer Plants.
----------------------------------------------------------------------------------------------------------------
Subchapter D.................. Emission Standards for the Nitric Acid Industry
Section 2307.................. Emission Standards Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
for the Nitric 09795
Acid Industry.
----------------------------------------------------------------------------------------------------------------
Chapter 56--Prevention of Air Pollution Emergency Episodes
----------------------------------------------------------------------------------------------------------------
Section 5601.................. Purpose........... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 5603.................. Scope............. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 5605.................. Episode Criteria Dec. 1987, LR13:741 03/08/89 54 FR Ref 52.999(c)(49)
and Air Pollution 09795
Forecast.
Section 5607.................. Administrative Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Authority Will 09795
Determine When
Criteria Level
Has Been Reached.
Section 5609.................. Preplanning Jun. 1988, LR14:348 06/15/89, 54 FR Ref 52.999(c)(50)
Strategies 25451
Required: Alert
Level, Warning
Level, and
Emergency Level.
Section 5611.................. Standby Plans to Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
be Submitted When 09795
Requested by
Administrative
Authority.
Table 5....................... Emission Reduction Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Plans--Alert 09795
Level.
Table 6....................... Emission Reduction Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Plans--Warning 09795
Level.
Table 7....................... Emission Reduction Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Plans--Emergency 09795
Level.
----------------------------------------------------------------------------------------------------------------
Chapter 60--Test Methods--NSPS Division's Source Test Manual
----------------------------------------------------------------------------------------------------------------
6001 to 6089.................. 40 CFR 60, Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Appendix A NSPS 09795
Methods 1 to 41.
----------------------------------------------------------------------------------------------------------------
[[Page 610]]
Chapter 61--Divisions Source Test Method
----------------------------------------------------------------------------------------------------------------
Subchapter A.................. Method 43--Capture Efficiency Test Procedures
Section 6121.................. Principle......... Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
23166
Section 6123.................. Definitions....... Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
23166
Section 6125.................. Applicability..... Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
23166
Section 6127.................. Specific Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
Requirements. 23166
Section 6129.................. Recording and Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
Reporting. 23166
Section 6131.................. Procedures for Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
Method 43. 23166
6131.A........................ Procedure F.1-- Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
Fugitive VOC 23166
Emissions from
Temporary
Enclosures.
6131.B........................ Procedure F.2-- Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
Fugitive VOC 23166
Emissions from
Building
Enclosures.
6131.C........................ Procedure G.1-- Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
Captured VOC 23166
Emissions.
6131.D........................ Procedure G.2-- Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
Captured VOC 23166
Emissions
(Dilution
Technique).
6131.E........................ Procedure L--VOC Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
Input. 23166
6131.F........................ Procedure T-- Jul. 1991, LR17:653 05/05/94, 59 FR Ref 52.999(c)(60)
Criteria for 23166
Verification of a
Permanent or
Temporary Total
Enclosure.
----------------------------------------------------------------------------------------------------------------
Chapter 63--Test Methods--LESHAP Division's Source Test Manual
----------------------------------------------------------------------------------------------------------------
6301 to 6401.................. 40 CFR 61, Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Appendix B Test 09795
Methods.
----------------------------------------------------------------------------------------------------------------
Chapter 65--Rules and Regulations for the Fee System of the Air Quality Control Programs
----------------------------------------------------------------------------------------------------------------
Section 6501.................. Scope and Purpose. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6503.................. Authority......... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6505.................. Definitions....... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6507.................. Application Fees.. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6509.................. Annual Fees....... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6511.................. Methodology....... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6513.................. Determination of Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
Fee. 09795
Section 6515.................. Method of Payment. Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6517.................. Late Payment...... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6519.................. Failure to Pay.... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6521.................. Effective Date.... Dec. 1987, LR13:741 03/08/89, 54 FR Ref 52.999(c)(49)
09795
Section 6523.................. Fee Schedule Nov. 1992, LR18:1256 03/25/94, 59 FR Ref
Listing. 14114 52.999(c)(61).
----------------------------------------------------------------------------------------------------------------
(d) EPA-approved State source-specific requirements.
EPA-Approved Louisiana Source-Specific Requirements
----------------------------------------------------------------------------------------------------------------
State
approval/
Name of source Permit number effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
Lead SIP for Ethyl Corp. in Baton Compliance order. 01/27/89 06/27/89, 54 FR 27002 Amended Compliance
Rouge. order dated 01/31/86.
Modeling 05/27/88.
State letter 01/27/89.
Ref 52.999(c)(51)
Vulcan Materials Company Facility 1829T(M-2)....... 07/28/89 10/10/89, 54 FR 41444 Revision of Bubble
in Geiser, Ascension Parish. Permit. Issued 03/24/
83, amended 07/28/89.
Ref 52.999(c)(52)
American Cyanamid Company Fortier 1896(M-2)........ 07/20/89 11/27/89, 54 FR 48743 Revision of Bubble
Plant in Westwego, Jefferson Permit. Issued 10/17/
Parish. 84, amended 07/20/89.
Ref 52.999(c)(53)
Vista Chemical Company Facility in 1828(M-2)........ 09/25/86 02/02/90, 55 FR 03598 Bubble Permit.
Westlake, Louisiana. Submitted by Governor
on 11/22/83, amended
09/25/86. Ref
52.999(c)(54)
[[Page 611]]
Union Carbide Facility in 1836T(M-1)....... 05/05/90 07/18/90, 55 FR 29205 Revision of Bubble
Hahnville, Louisiana. Permit. Submitted by
Governor on 10/19/83,
amended 04/23/87,
revised 05/05/90. Ref
52.999(c)(55)
Dow Chemical Facility in 1838T(M-2)....... 10/16/91 10/04/94, 59 FR 50500 Revision of Bubble
Plaquemine, Iberville Parish. Permit. Issued 7/28/
83, amended 10/16/91.
Ref 52.999(c)(62)
Exxon Compliance Date Extension, N/A.............. 09/12/97 05/11/98, 63 FR 25773 Extension of compliance
Baton Rouge Refinery. date to LAC 33:III,
2103.D.4 Ref
52.999(c)(79).
Borden Chemicals and Plastics in Reasonable 10/24/96 07/02/99, 64 FR 35939 Submitted as part of
Baton Rouge. Further Progress the Baton Rouge, LA
Agreed To Order. Post-1996 ROP Plan
----------------------------------------------------------------------------------------------------------------
(e) EPA approved nonregulatory provisions and quasi-regulatory measures.
EPA Approved Louisiana Statutes in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State
approval/
State citation Title/subject effective EPA approval date Comments
date
----------------------------------------------------------------------------------------------------------------
LA. R.S. of 1950. Title 40, Chapter 12. The Louisiana Air Control Law, Part 1, Louisiana Air Control Commission
----------------------------------------------------------------------------------------------------------------
40:2201.............. Citation.................... Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:2202.............. Definition.................. Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:2203.............. Commission created; Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
domicile; membership;
tenure; meetings.
40:2204.............. Powers and Duties of Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
Commission.
40:2205.............. Powers and Duties of Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
Technical Secretary.
40:2206.............. Approval of rules and Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
regulations; public
hearings; difference.
40:2207.............. Validity of rules or Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
regulations; declaratory
judgement.
40:2208.............. Investigations; complaints; Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
hearings; recommendations.
40:2209.............. Procedure at hearings....... Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:1077.............. Secret processes or methods 01/01/80 06/09/82, 47 FR 25013 Ref 52.999(c)(39)
as confidential. Old section name 2210
40:2211.............. Variances................... Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:2212.............. Failure to act on petition Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
for variance.
40:2213.............. Judicial review............. Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
40:2214.............. Injunction; penalties for Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
violations of orders of the
commission.
40:2215.............. Actions inuring to benefit Apr. 1979 02/14/80 45 FR 09909 Ref 52.999(c)(15)
the state.
40:2216.............. Act as exclusive means of Apr. 1979 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
control; nuisances.
----------------------------------------------------------------------------------------------------------------
LA. R.S. of 1992. Title 30 and 36, Subtitle II. Environmental Quality, Chapter 3. Louisiana Air Control Law
----------------------------------------------------------------------------------------------------------------
30:2060 N.6.......... Toxic air pollution emission 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63)
control program.
30:2061.............. Small Business Stationary 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63)
Source Technical and
Environmental Compliance
Assistance Program.
30:2062.............. Louisiana Small Business 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63)
Compliance Advisory panel.
36:239(H)............ Transfer of agencies and 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63).
functions to the Department
of Environmental Quality.
----------------------------------------------------------------------------------------------------------------
[[Page 612]]
EPA Approved Louisiana Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
State
submittal
Name of SIP provision Applicable geographic date/ EPA approval date Explanation
or nonattainment area effective
date
----------------------------------------------------------------------------------------------------------------
Federal Hydrocarbon Standards... Region 106, SE LA-SE 03/30/73 06/22/73 38 FR 16565 Ref 52.999(c)(04)
TX AQCR.
PM Strategy..................... Region 106, SE LA-SE 01/02/73 07/19/77, 42 FR 37000 Ref 52.999(c)(06)
TX AQCR.
Air Quality Maintenance Area for Shreveport, LA........ 12/09/77 08/18/78, 43 FR 36628 Ref 52.999(c)(09)
PM.
Air Quality Surveillance Network New Orleans, LA....... 04/03/78 01/29/79, 44 FR 05601 Ref 52.999(c)(10)
Change of sampling
site location
Louisiana Ozone SIP............. Nonattainment areas, 04/30/79 02/14/80, 45 FR 09909 Ref 52.999(c)(15)
AQCR 022 and 106. Part D requirement
Evidence of Notice and Public Statewide............. 06/20/79 02/10/82, 47 FR 06017 Ref 52.999(c)(16)
Hearing.
Emission Inventory.............. Nonattainment areas... 08/28/78 02/14/80, 45 FR 09909 Ref 52.999(c)(17)
Air Quality Surveillance Network Statewide............. 01/10/80 08/06/81, 46 FR 40006 Ref 52.999(c)(20)
Final Revisions to
ambient monitoring
Lead SIP........................ Baton Rouge, LA....... 10/31/83 05/01/84, 49 FR 18485 Ref 52.999(c)(40)
NSR and Visibility Monitoring... Class I Federal Areas 10/14/85 06/10/86, 51 FR 20969 Ref 52.999(c)(44)
in LA.
Small Business Program.......... Statewide............. 10/22/92 06/23/94, 59 FR 32359 Ref 52.999(c)(63)
Redesignation Request and Pointe Coupe Parish... 12/20/95 01/06/97, 61 FR 00648 Ref 52.999(c)(70)
Maintenance Plan.
Revision to SIP, 15% ROP Plan... Nonattainment areas... 12/15/95 10/22/96, 61 FR 54737 Ref 52.999(c)(71)
VOC RACT Negative Declarations.. Baton Rouge 12/15/95 10/30/96, 61 FR 55894 Ref 52.999(c)(72)
nonattainment area.
Redesignation Request and Calcasieu Parish...... 12/20/95 05/02/97, 62 FR 24036 Ref 52.999(c)(73).
Maintenance Plan.
Post-1996 ROP Plan (Including a Baton Rouge, LA....... 01/02/97 07/02/99, 64 FR 35939 Originally
Revised 1996 Target Level of submitted 12/22/95
VOC Emissions). and revised 01/02/
97.
Attainment Demonstration for the Baton Rouge, LA....... 01/02/97 07/02/99, 64 FR 35939 Originally
1-hour Ozone NAAQS. submitted 12/22/95
and revised 01/02/
97.
Contingency Plan................ Baton Rouge, LA....... 01/02/97 07/02/99, 64 FR 35939 Submitted as part
of the 15% ROP
Plan on 12/14/95
and, subsequently,
as part of the
Post-1996 ROP Plan
submitted on 12/22/
95 and revised 1/2/
97.
1999 Motor Vehicle Emission Baton Rouge, LA....... 01/02/97 07/02/99, 64 FR 35939 ...................
Budgets.
Revised 1990 Base Year VOC Baton Rouge, LA....... 01/02/97 07/02/99, 64 FR 35939 See also 52.993.
Emissions Inventory.
Clean Fuel Fleet Program Baton Rouge, LA....... 03/21/99 07/19/99 64 FR 38580 Substituted above
Substitution. RACT VOC emission
reductions from
storage tank rule
LAC 33:III.2103
----------------------------------------------------------------------------------------------------------------
[63 FR 63183, Nov. 12, 1998, as amended at 64 FR 415, Jan. 5, 1999; 64
FR 35939, July 2, 1999; 64 FR 38580, July 19, 1999; 64 FR 72938, Dec.
29, 1999]
Effective Date Note: At 66 FR 29493, May 31, 2001, Sec. 52.970 was
amended in the table by revising the entry for section 504, effective
July 30, 2001. For the convenience of the user the revised text follows:
[[Page 613]]
Sec. 52.970 Identification of plan.
* * * * *
(c) * * *
EPA Approved Louisiana Regulations in the Louisiana SIP
----------------------------------------------------------------------------------------------------------------
State approval
State citation Title/subject date EPA approval date Comments
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
Chapter 5--Permit Procedures
* * * * * *
*
Section 504..................... Nonattainment New Feb. 20, 1997, LR 5/31/01 66 FR
Source Review 23:197. 29493
Procedures.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
Sec. 52.971 Classification of regions.
The Louisiana plan was evaluated on the basis of the following
classifications:
----------------------------------------------------------------------------------------------------------------
Pollutant
-----------------------------------------------------
Air quality control region Particulate Sulfur Nitrogen Carbon
matter oxides dioxide monoxide Ozone
----------------------------------------------------------------------------------------------------------------
Southern Louisiana-Southeast Texas Interstate............. II I III III I
Shreveport-Texarkana-Tyler Interstate..................... II III III III III
Monroe-El Dorado Interstate............................... II III III III III
----------------------------------------------------------------------------------------------------------------
[37 FR 10869, May 31, 1972, as amended at 45 FR 9909, Feb. 14, 1980]
Secs. 52.972-52.974 [Reserved]
Sec. 52.975 Redesignations and maintenance plans; ozone.
(a) Approval. The Louisiana Department of Environmental Quality
(LDEQ) submitted redesignation requests and maintenance plans for the
areas of Beauregard, Lafourche, and St. Mary Parishes on June 14, 1993.
Redesignation requests and maintenance plans were submitted for the
areas of Grant and Lafayette on May 25, 1993. The EPA deemed these
requests complete on September 10, 1993. Several approvability issues
existed, however. The LDEQ addressed these approvability issues in
supplemental ozone redesignation requests and revised maintenance plans.
These supplemental submittals were received for the areas of Beauregard,
Grant, Lafayette, Lafourche, and St. Mary Parishes on March 27, 1995,
December 12, 1994, October 21, 1994, November 18, 1994, and November 23,
1994, respectively. The redesignation requests and maintenance plans
meet the redesignation requirements in section 107(d)(3)(E) of the Act
as amended in 1990. The redesignations meet the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the Louisiana
ozone State Implementation Plan for these areas. The EPA therefore
approved the request for redesignation to attainment with respect to
ozone for the areas of Beauregard, Grant, Lafayette, Lafourche, and St.
Mary Parishes on October 17, 1995.
(b) Approval--The Louisiana Department of Environmental Quality
(LDEQ) submitted a redesignation request and maintenance plan for St.
James Parish on May 25, 1993. The EPA deemed this request complete on
September 10, 1993. Several approvability issues existed, however. The
LDEQ addressed these approvability issues in a supplemental ozone
redesignation request and revised maintenance plan.
[[Page 614]]
This supplemental submittal was received for St. James Parish on
December 15, 1994. The redesignation request and maintenance plan meet
the redesignation requirements in section 107(d)(3)(E) of the Act as
amended in 1990. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the Louisiana
ozone State Implementation Plan for this parish. The EPA therefore
approved the request for redesignation to attainment with respect to
ozone for St. James Parish on November 13, 1995.
(c) Approval--The Louisiana Department of Environmental Quality
(LDEQ) submitted a redesignation request and maintenance plan for the
New Orleans CMSA on April 23, 1993. The EPA deemed this request complete
on September 10, 1993. Several approvability issues existed, however.
The LDEQ addressed these approvability issues in a supplemental ozone
redesignation request and revised maintenance plan. This supplemental
submittal was received on October 14, 1994. The redesignation request
and maintenance plans meet the redesignation requirements in section
107(d)(3)(E) of the Act as amended in 1990. The redesignation meets the
Federal requirements of section 182(a)(1) of the Clean Air Act as a
revision to the Louisiana ozone State Implementation Plan for Jefferson,
Orleans, St. Bernard, and St. Charles Parishes. The EPA therefore
approved the request for redesignation to attainment with respect to
ozone for 7Jefferson, Orleans, St. Bernard, and St. Charles Parishes on
December 1, 1995.
(d) Approval--The Louisiana Department of Environmental Quality
submitted a redesignation request and maintenance plan for Pointe Coupee
Parish on December 20, 1995. The redesignation request and maintenance
plan meet the redesignation requirements in section 107(d)(3)(E) of the
Act as amended in 1990. The redesignation meets the Federal requirements
of section 182(a)(1) of the Clean Air Act as a revision to the Louisiana
ozone State Implementation Plan for Pointe Coupee Parish. The EPA
therefore approved the request for redesignation to attainment with
respect to ozone for Pointe Coupee Parish on December 20, 1996.
(e) Approval--The Louisiana Department of Environmental Quality
submitted a redesignation request and maintenance plan for Calcasieu
Parish on December 20, 1995. The redesignation request and maintenance
plan meet the redesignation requirements in section 107(d)(3)(E) of the
Act. The redesignation meets the Federal requirements of section
182(a)(1) of the Act as a revision to the Louisiana ozone State
Implementation Plan for Calcasieu Parish. The EPA therefore approved the
request for redesignation to attainment with respect to ozone for
Calcasieu Parish on June 2, 1997.
(f) Lafourche Parish, Louisiana, is designated back to nonattainment
for ozone. The original classification of incomplete data is retained.
[60 FR 43025, Aug. 18, 1995, as amended at 60 FR 47285, Sept. 12, 1995;
60 FR 51360, Oct. 2, 1995; 62 FR 652, Jan. 6, 1997; 62 FR 24038, May 2,
1997; 62 FR 64286, Dec. 5, 1997]
Sec. 52.976 Review of new sources and modification.
(a) Section 6.7 of Regulation 6.0 is disappoved since it could
conflict with the preconstruction requirements for the prevention of
significant deterioration (PSD) of air quality.
(b) Section 6.9 of Regulation 6.0 is disapproved since it could
conflict with the preconstruction requirements for the prevention of
significant deterioration (PSD) of air quality and the Administrator's
Interpretative on Rule of December 21, 1976.
[44 FR 18491, Mar. 28, 1979, as amended at 47 FR 6017, Feb. 10, 1982]
Secs. 52.977-52.985 [Reserved]
Sec. 52.986 Significant deterioration of air quality.
(a) The plan submitted by the Governor of Louisiana on August 14,
1984 (as adopted by the Secretary of Louisiana Department of
Environmental Quality (LDEQ) on May 23, 1985), July 26, 1988 (as revised
and adopted by the LDEQ on May 5, 1988), and October 26, 1990 (as
revised and adopted by the LDEQ on July 20, 1990), LAC:33:III: Sec. 509
[[Page 615]]
Prevention of Significant Deterioration (PSD) and its Supplement
documents, is approved as meeting the requirements of Part C, Clean Air
Act for preventing significant deterioration of air quality.
(b) The requirements of Section 160 through 165 of the Clean Air Act
are not met for Federally designated Indian lands since the plan
(specifically LAC:33:III:509.A.1) excludes all Federally recognized
Indian lands from the provisions of this regulation. Therefore, the
provisions of Sec. 52.21 (b) through (w) are hereby incorporated by
reference and made a part of the applicable implementation plan, and are
applicable to sources located on land under the control of Indian
governing bodies.
[56 FR 20139, May 2, 1991]
Sec. 52.987 Control of hydrocarbon emissions.
(a) Notwithstanding any provisions to the contrary in the Louisiana
Implementation Plan, the control measures listed in paragraphs (b)
through (n) of this section shall be implemented in accordance with the
schedule set forth below.
(b) Removal from service of a 10,000 barrel capacity crude oil
storage tank at the Belcher Station of the Exxon Pipeline Company,
Belcher, Louisiana, with a final compliance date of January 1, 1980.
This shall result in an estimated hydrocarbon emission reduction of at
least 208 tons per year.
(c) Removal from service of a 55,000 barrel capacity crude oil
storage tank at the Weller Station of the Exxon Pipeline Company, near
Minden, Louisiana, with a final compliance date of January 1, 1980. This
shall result in an estimated hydrocarbon emission reduction of at least
263 tons per year.
(d) Installation of emission control systems on three 3,000 barrel
capacity distillate storage tanks, at the Jones O'Brien Inc., Keatchie,
Louisiana, with a final compliance date of January 1, 1978. This shall
result in an estimated hydrocarbon emission reduction of at least 23
tons per year.
(e) Installation of emission control systems on crude oil storage
tanks TK-43, TK-44, T-45 and T-49, and distillate tanks T-46 and T-50 at
the Atlas Processing Company, Shreveport, Louisiana with a final
compliance date of January 2, 1980. This shall result in an estimated
hydrocarbon emission reduction of at least 881 tons per year.
(f) Installation of emission control systems on crude oil storage
tanks TK-19-74, TK-HC-74, TK-571-74 and TK-15-74 and agreement to store
only nonvolatile organic solvent in tanks TK-F2-74, TK-41-74 and TK-40-
74 at the Cotton Valley Solvents Company, Cotton Valley, Louisiana with
a final compliance date of January 2, 1980. This shall result in an
estimated hydrocarbon emission reduction of at least 934 tons per year.
(g) Discontinue use of residue gas in pneumatic instrumentation and
control systems at the Kerr-McGee Corporation, Devon Corporation, and
Eason Oil Company, Calhoun Plant, Calhoun, Louisiana with a final
compliance date of July 1, 1978. This shall result in an estimated
hydrocarbon emission reduction of at least 21 tons per year.
(h) Discontinue use of residue gas in pneumatic instrumentation and
control systems with a final compliance date of July 1, 1978, and
install emission control systems on distillate storage tanks 2-7 and 2-
13 with a final compliance date of January 2, 1980, at the Kerr-McGee
Corp., Devon Corp., and Eason Oil Co., Dubach Plant, Dubach, Louisiana.
This shall result in an estimated hydrocarbon reduction of at least 367
tons per year.
(i) Installation of emission control systems on a 37,500 barrel
capacity crude oil storage tank at Cities Service Pipeline Company, Oil
City, Louisiana with a final compliance date of February 1, 1980. This
shall result in an estimated hydrocarbon emission reduction of at least
208 tons per year.
(j) Installation of emission control systems on a 25,000 barrel
capacity crude oil storage tank at Cities Service Pipeline Company,
Haynesville, Louisiana with a final compliance date of February 1, 1980.
This shall result in an estimated hydrocarbon emission reduction of at
least 28 tons per year.
(k) Installation of emission control systems on a 10,000 barrel
capacity crude oil storage tank at Cities Service
[[Page 616]]
Pipeline Company, Summerfield, Louisiana with final compliance achieved
in August 1977. This shall result in an estimated hydrocarbon emission
reduction of at least 162 tons per year.
(l) Installation of emission control systems on a 30,000 barrel
capacity crude oil storage tank at the Scurlock Oil Company, Lake End,
Louisiana, with a final compliance date of January 15, 1980. This shall
result in an estimated hydrocarbon emission reduction of at least 90
tons per year.
(m) Installation of emission control systems on a 55,000 barrel
capacity crude oil storage tank at the Scurlock Oil Company, Dutchtown
Oil Field near Minden, Louisiana, with a final compliance date of
January 15, 1980. This shall result in an estimated hydrocarbon emission
reduction of at least 186 tons per year.
(n) Installation of emission control systems on distillate storage
tank No. 414 with a final compliance date of September 1, 1979, and the
removal from service of tank No. 450 with final compliance achieved on
December 1, 1977, at the Texas Eastern Products Pipeline Company,
Sarepta, Louisiana. This shall result in an estimated hydrocarbon
emission reduction of at least 355 tons per year.
[44 FR 15705, Mar. 15, 1979]
Sec. 52.988 [Reserved]
Sec. 52.990 Stack height regulations.
The State of Louisiana has committed to submit to EPA a SIP revision
whenever a new or revised emission limitation for a specific source
exceeds the height allowed by Section 921(A) ``Good Engineering Practice
(GEP) Stack Height 1 or 2'' of the State regulations. A letter from the
Secretary of Louisiana Department of Environmental Quality, dated
September 23, 1986, stated that:
In specific, the State regulation, Section 17.14.2 [now LAC 33: Part
III, Section 921(B)], provides that the degree of emission limitation
required of any source for control of any air pollutant must not be
affected by so much of any source's stack height that exceeds good
engineering practice or by any other dispersion technique. In reference
to this requirement, the Louisiana Department of Environmental Quality
or the Administrative Authority will submit to EPA a SIP revision
whenever the Louisiana Department of Environmental Quality adopts a new
or revised emission limitation for a specific source that is based on a
stack height that exceeds the height allowed by Section 17.14.1(e)(1)
[now LAC 33: Part III, Section 921(A) ``Good Engineering Practice (GEP)
Stack Height 1''] or Section 17.14.1(e)(2) [now LAC 33: Part III,
Section 921(A) ``Good Engineering Practice (GEP) Stack Height 2''].
[53 FR 36010, Sept. 16, 1988]
Sec. 52.991 Small business assistance program.
The Governor of Louisiana submitted on October 22, 1992, a plan
revision to develop and implement a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program to meet the
requirements of section 507 of the Clean Air Act by November 15, 1994.
The plan commits to provide technical and compliance assistance to small
businesses, hire an Ombudsman to serve as an independent advocate for
small businesses, and establish a Compliance Advisory Panel to advise
the program and report to EPA on the program's effectiveness.
[59 FR 32360, June 23, 1994]
Sec. 52.992 Area-wide nitrogen oxides exemptions.
(a) The Louisiana Department of Environmental Quality submitted to
the EPA on August 5, 1994, a petition requesting that the
nonclassifiable ozone nonattainment areas in the State of Louisiana be
exempted from the requirement to meet the NOX provisions of
the Federal transportation conformity rule. The exemption request was
based on monitoring data which demonstrated that the National Ambient
Air Quality Standard for ozone had been attained in this area for the 3
years prior to the petition. The parishes for which the NOX
exemption was requested include: Beauregard, Grant, Lafayette,
Lafourche, Jefferson, Orleans, St. Bernard, St. Charles, St. James, and
St. Mary. The EPA approved this exemption request on March 2, 1995.
(b) The LDEQ submitted to the EPA on November 17, 1994, a petition
requesting that the Baton Rouge serious ozone nonattainment area be
exempted from the NOX control requirements of
[[Page 617]]
the CAA. In addition, supplemental information was submitted to the EPA
by the LDEQ on January 26, 1995, June 6, 1995, and June 16, 1995. The
Baton Rouge nonattainment area consists of East Baton Rouge, West Baton
Rouge, Pointe Coupee, Livingston, Iberville, and Ascension Parishes. The
exemption request was based on photochemical grid modeling which shows
that reductions in NOX would not contribute to attainment in
the nonattainment area. On January 18, 1996, the EPA approved the
State's request for an areawide exemption from the following
requirements: NOX new source review, NOX
reasonably available control technology, NOX general
conformity, and NOX inspection and maintenance requirements.
(c) The LDEQ submitted to the EPA on July 25, 1995, a revision to
the SIP, pursuant to section 182(b)(1), requesting that the Baton Rouge
serious ozone nonattainment area be exempted from the transportation
conformity NOX requirements of the CAA. The Baton Rouge
nonattainment area consists of East Baton Rouge, West Baton Rouge,
Pointe Coupee, Livingston, Iberville, and Ascension Parishes. The
exemption request was based on photochemical grid modeling which shows
that additional reductions in NOX would not contribute to
attainment in the nonattainment area. On February 12, 1996, the EPA
approved the State's request for an areawide exemption from the
transportation conformity NOX requirements.
(d) The LDEQ submitted to the EPA on October 28, 1994, a petition
requesting that the Lake Charles marginal ozone nonattainment area be
exempted from the NOX control requirements of the Act. The
Lake Charles nonattainment area consists of Calcasieu Parish. The
exemption request was based on photochemical grid modeling which shows
that reductions in NOX would not contribute to attainment in
the nonattainment area. On May 27, 1997, the EPA approved the State's
request for an area-wide exemption from the following requirements:
NOX new source review, NOX general conformity, and
NOX transportation conformity requirements. The waiver was
granted on the basis of modeling, and ambient air quality data
demonstrating the area has attained the ozone NAAQS.
[60 FR 5864, Jan. 31, 1995, as amended at 61 FR 2446, Jan. 26, 1996; 61
FR 7221, Feb. 27, 1996; 62 FR 29078, May 29, 1997]
Sec. 52.993 Emissions inventories.
(a) The Governor of the State of Louisiana submitted the 1990 base
year emission inventories for the Baton Rouge (BTR) and Calcasieu Parish
(CAL) ozone nonattainment areas on November 16, 1992 as a revision to
the State Implementation Plan (SIP). The 1990 base year emission
inventory requirement of section 182(a)(1) of the Clean Air Act, as
amended in 1990, has been satisfied for each of these areas.
(b) The inventories are for the ozone precursors which are volatile
organic compounds, nitrogen oxides, and carbon monoxide. The inventories
cover point, area, non-road mobile, on-road mobile, and biogenic
sources.
(c) The BTR nonattainment area is classified as Serious and includes
Ascension, East Baton Rouge, Iberville, Livingston, Point Coupee, and
West Baton Rouge Parishes; the CAL nonattainment area is classified as
Marginal and includes Calcasieu Parish.
(d) On December 15, 1995, the Governor of the State of Louisiana
submitted a revision to the 1990 base year volatile organic compound
(VOC) emissions inventory for the Baton Rouge, Louisiana ozone
nonattainment area. The revised inventory was submitted as part of the
revised Baton Rouge 15 Percent Rate-of-Progress Plan. This revision to
the base year inventory modified the point source VOC emissions. The
revisions satisfy the requirements of section 182(a)(1) of the Clean Air
Act, as amended in 1990.
(e) On January 2, 1997, the Governor of the State of Louisiana
submitted a revision to the 1990 base year volatile organic compound
(VOC) emissions inventory for the Baton Rouge, Louisiana ozone
nonattainment area. The revised inventory was submitted as part of the
revised Baton Rouge Post-1996 Rate-of-Progress Plan. This revision to
the base year inventory modified the point, area, non-road mobile, on-
road mobile, and biogenic sources of VOC emissions. The revisions
satisfy
[[Page 618]]
the requirements of section 182(a)(1) of the Clean Air Act, as amended
in 1990.
[60 FR 13911, Mar. 15, 1995, as amended at 64 FR 35941, July 2, 1999]
Sec. 52.994 [Reserved]
Sec. 52.995 Enhanced ambient air quality monitoring.
(a) The Governor of the State of Louisiana submitted the
photochemical assessment monitoring stations (PAMS) State Implementation
Plan (SIP) revision for the Baton Rouge ozone nonattainment area on
September 10, 1993. This SIP submittal satisfies 40 CFR 58.20(f), which
requires the State to provide for the establishment and maintenance of
PAMS.
(b) The Baton Rouge ozone nonattainment area is classified as
Serious and includes Ascension, East Baton Rouge, Iberville, Livingston,
Pointe Coupee, and West Baton Rouge Parishes.
[61 FR 31037, June 19, 1996]
Sec. 52.996 Disapprovals.
The State of Louisiana motor vehicle Inspection and Maintenance (I/
M) program SIP submittal of August 18, 1995, with later editions, is
disapproved based on the failure of the State Legislature to grant legal
authority to reauthorize and continuously operate the program until the
program is no longer necessary. The Baton Rouge serious ozone
nonattainment area is required to have an enhanced I/M program under
section 182 of the Clean Air Act (the Act) as amended in 1990. This
disapproval initiates the sanction process of section 179(a) of the Act.
[62 FR 61634, Nov. 19, 1997; 63 FR 4397, Jan. 29, 1998]
Sec. 52.999 Original identification of plan section.
(a) This section identifies the original ``The Louisiana Air Control
Commission Implementation Plan'' and all revisions submitted by
Louisiana that were federally approved prior to July 1, 1998.
(b) The plan was officially submitted on January 28, 1972.
(c) The plan revisions listed below were submitted on the dates
specified.
(1) Certification that public hearings were held on the State's
implementation plan was submitted on February 28, 1972. (Non-regulatory)
(2) Response to comments by Region VI on the plan was transmitted by
the Louisiana Air Control Commission on May 8, 1972. (Non-regulatory)
(3) Revisions to Louisiana Air Control Regulations 6, 8, 18, 19, 22,
A22, 27, 28, control strategy for photochemical oxidants-hydrocarbons,
prevention of air pollution emergency episodes, source surveillance, and
procedures for submission and approval and compliance schedules were
submitted by the Governor on July 17, 1972.
(4) Revisions concerning the control strategy for photochemical
oxidants and hydrocarbon for Region 106 was submitted by the Governor on
March 30, 1973. (Regulatory)
(5) Revision of Section 6.1 of the State air control regulations was
submitted by the Governor on April 25, 1973.
(6) A revision concerning the control strategy for particulate
matter for the Southern Louisiana-Southeast Texas AQCR was submitted by
the Governor on January 2, 1973.
(7) Variances to Emission Limiting Regulations adopted by the
Louisiana Air Control Commission on October 29, 1975, December 12, 1975,
and April 6, 1976, and submitted by the Governor on April 22, 1976.
(8) Commission Orders creditable as emission offsets for the GM
Plant in Shreveport were submitted by the Governor on January 25, 1978
as amendments to the Louisiana State Implementation Plan.
(9) A proposed dedesignation of the Shreveport area as an AQMA for
particulate matter was submitted by the Governor on December 9, 1977.
(10) An administrative revision of the Air Quality Surveillance
Network was submitted by the Louisiana Air Control Commission on April
3, 1978. (Non regulatory)
(11) Revisions to Regulation 19.0, Emission Standards for
Particulate Matter, as adopted on November 30, 1977, were submitted by
the Governor on December 9, 1977.
(12) Minor changes and administrative revisions to regulations 2.0,
3.0, 4.0,
[[Page 619]]
5.0, 6.0, 7.0, 8.0, 9.0, 10.0, 11.0, 12.0, 13.0, 14.0, 15.0, 16.0, and
17.0 of the Louisiana SIP were submitted by the Governor on December 9,
1977.
(13) A variance to Regulation 19.5 for Kaiser Aluminum & Chemical
Corporation at Norco, Louisiana was submitted by the Governor on August
31, 1978.
(14) Revisions to the Air Control Regulations 18.1, 18.3, 18.5,
18.6-18.6.2, 18.7, 20.1-20.8, 21.1-21.6.4, 23.0-23.4.2, 24.1-24.5,
24.6.2, 24.7-24.7.3, 24.8, 25.0-25.6.2, 26.0-26.2, 26.4-26.8.2, 27.0-
27.5.4, 28.0-28.6.2 and 30.0, as adopted by the Louisiana Air Control
Commission on November 30, 1977, were submitted by the Governor on
December 9, 1977.
(15) Revisions to the plan for attainment of standards for ozone
(Part D requirements) were submitted by the Governor on April 30, 1979.
(16) Evidence of notice and public hearing for the April 30, 1979
plan was submitted by the Governor on June 20, 1979.
(17) Emission inventory information, emission reduction information,
a certification of the lack of major degreasing sources, and a
commitment to adopt future regulations were submitted by the Louisiana
Air Control Commission on August 28, 1979 (non-regulatory).
(18) Schedule for the modification and submittal of regulations 22.6
and regulation 6.3.8 were submitted by the Louisiana Air Control
Commission on October 11, 1979 (non-regulatory).
(19) Regulations 22.17 and 22.18, adopted by the Louisiana Air
Control Commission on September 25, 1979 were submitted by the Governor
on October 18, 1979.
(20) On January 10, 1980, the Governor submitted final revisions to
the ambient monitoring portion of the plan.
(21) Revised Regulation 22.8(c) was submitted by the Governor on
June 20, 1979. This regulation was adopted by the Louisiana Air Control
Commission on March 27, 1979.
(22) Revised Regulation 22.5 was submitted by the Governor on April
30, 1979. This regulation was adopted by the Louisiana Air Control
Commission on March 27, 1979. A second revision to Regulation 22.5 was
submitted by the Governor on July 7, 1979, as adopted by the Louisiana
Air Control Commission on June 26, 1979.
(23) Revised Regulations 6.3.8, 22.3, 22.6.1, 22.6.2, 22.10, and
22.12.4 were submitted by the Governor on December 10, 1979. These
regulations were adopted by the Louisiana Air Control Commission on
November 27, 1979. A second revision to Regulation 6.3.8 was submitted
by the Governor on October 23, 1980. The second revision was adopted by
the Louisiana Air Control Commission on September 25, 1980.
(24) Revisions to the Air Control Regulations 24.6.1 and 24.7.4, as
adopted by the Louisiana Environmental Control Commission on March 27,
1979, were submitted by the Governor on April 30, 1979.
(25) Revised Regulations 22.9.2, 22.9.3(b), 22.19, 22.20, 22.21,
22.22 and 22.23 and revised Regulation 4.0 (i.e. sections 4.99 through
4.116) were adopted by the State on November 27, 1979 and submitted by
the Governor on December 10, 1979; and revised Regulations 22.3 and
22.20.2 were adopted by the State on July 22, 1980 and submitted by the
Governor on September 12, 1980.
(26) Revised Regulations 22.9.3(b), 22.20.3, and 22.23.7 were
adopted by the State on December 11, 1980 and submitted by the Governor
on January 12, 1981; revised Regulation 22.21.2(E) was adopted by the
State on April 23, 1981 and submitted by the Governor on June 3, 1981;
and, revised Regulation 22.19.2(B) was adopted by the State on June 25,
1981 and submitted by the Governor on July 22, 1981.
(27) Revisions to the Air Control Regulations 6.1.1, 18.2, 18.4,
18.6.3, 19.5.1, 24.9.1, 24.9.2, 26.3.1, 26.3.2 and 51.11, as adopted by
the Louisiana Environmental Control Commission on September 25, 1980,
were submitted by the Governor on October 23, 1980.
(28) Revisions to the plan for permit fee systems, interstate
pollution abatement, public availability of emission data, maintenance
of pay, permit public comment, and public notification of exceedances of
the primary national ambient air quality standards (NAAQS), were
submitted by the Governor on April 30, 1979. In addition, revised
submittals for permit fee schedules were submitted on July 7, 1979;
September 12, 1980; October 23, 1980; and
[[Page 620]]
January 12, 1981. The September 12, 1980 letter also included a new
Sec. 51.285 (a), (b) and (c). Finally, the State sent a notification
letter on August 7, 1979, which corrected a typographical error in the
maintenance of pay revision.
(29) A revision to the Air Control Regulations 22.9.3(d) as adopted
by the Louisiana Air Control Commission on December 11, 1980, was
submitted by the Governor on January 12, 1981.
(30) Revisions to the Air Control Regulations 8.5.1, 22.3.1.1,
22.3.1.2, and 22.10, as adopted by the Louisiana Air Control Commission
on April 23, 1981, were submitted by the Governor on June 3, 1981.
(31) A revision to the Air Control Regulation 22.9.3(a), as adopted
by the Louisiana Air Control Commission on May 28, 1981, was submitted
by the Governor on June 3, 1981.
(32) A revision to the Air Control Regulation 22.3.2, as adopted by
the Louisiana Air Control Commission on July 23, 1981, was submitted by
the Governor on August 17, 1981.
(33) The Louisiana State Implementation Plan for lead and
Regulations for--the Control of Air Pollution from lead, 10.0--10.3 and
19A.0, were submitted to EPA on July 27, 1979, by the Governor of
Louisiana as adopted by the Louisiana Air Control Commission on July 24,
1979. Letters of Clarification dated January 6, 1982, April 1, 1982 and
May 4, 1982 also were submitted. No action is taken on the Baton Rouge
area.
(34) Section 6.1 of Regulation 6.0 amended and adopted by the
Louisiana Environmental Control Commission on October 22, 1981, was
submitted by the Governor on November 30, 1981.
(35) Revisions to the Air Control Regulations 4.102, 4.110, 22.20.2
and 22.21.2(D), as adopted by the Louisiana Environmental Control
Commission on December 11, 1980, were submitted by the Governor on
January 12, 1981.
(36) [Reserved]
(37) Revisions to the Air Control Regulations 4.14, 4.36, 6.6,
22.3.1.1, and 22.3.1.2, as adopted by the Louisiana Environmental
Control Commission on February 26, 1981, were submitted by the Governor
on March 25, 1981.
(38) Revisions to the Air Control Regulations 17.13, 23.4.1.1 and
23.4.4, as adopted by the Louisiana Environmental Control Commission on
January 28, 1982, were submitted by the Governor on February 15, 1982.
(39) A revision to section 2210 of the Louisiana Air Control Law was
submitted to EPA on March 10, 1982. The Section was renamed Section 1077
of the Environmental Affairs Act, by the Louisiana Legislature, and was
effective January 1, 1980.
(40) The Louisiana State Implementation Plan for lead for the Baton
Rouge area was submitted on July 27, 1979, with letters of clarification
and revisions dated January 4, 1983, September 15, 1983, September 30,
1983. The final lead control plan was submitted in a letter dated
October 31, 1983, as adopted by the Louisiana Air Control Commission on
October 20, 1983.
(41) Revisions to sections 2.3, 3.1, 3.4, and 4.1 of the Rules and
Regulations for the Fee System of the Air Quality Control Program, as
adopted by the Louisiana Environmental Control Commission on January 26,
1983, were submitted by the Louisiana Department of Natural Resources
(now the Department of Environmental Quality), Air Quality Division, on
November 17, 1983.
(42) Deletion of Air Control Regulation 14.0, and deletion of
hydrocarbon guideline standard from Table 1, 1a, and 2, as adopted by
the Louisiana Environmental Control Commission on July 28, 1983, was
submitted by the Governor on October 19, 1983.
(43) Revisions to the Air Control Regulation 22.22 as adopted by the
Louisiana Environmental Control Commission on September 23, 1982, and
submitted by the Governor on July 14, 1983.
(i) Incorporation by reference.
(A) Regulation 22.22.1(A) and 22.22.2(A) Letter dated July 14, 1983,
from the State of Louisiana and which change the reference for the test
methods from a CTG document to the Louisiana Air Quality Regulations
Division's Source Test Manual. These regulations were adopted on
September 23, 1982.
(44) On October 4, 1985, the Governor submitted a revision entitled,
``Protection of Visibility for Mandatory Class I Federal Areas,'' July
12, 1985. This submittal included new source review and
[[Page 621]]
visibility monitoring strategy as adopted by the Secretary of the
Louisiana Department of Environmental Quality in October 1985.
(45) On August 14, 1985, the Governor of Louisiana submitted a
Prevention of Significant Deterioration (PSD) Plan including Air Quality
Regulations--Part V, (sections 90.1-90.19) as adopted by the Secretary
of the Department of Environmental Quality on May 23, 1985. Air Quality
Regulations--Part V provides authority for the State to implement the
PSD program in certain areas of the State. Letters of commitment for air
quality modeling (dated September 30, 1985) and Federal stack height and
dispersion technique regulation (dated June 3, 1986) were submitted by
the Secretary of Louisiana Department of Environmental Quality.
(i) Incorporation by reference.
(A) Louisiana Air Quality Regulations--Part V, Prevention of
Significant Deterioration of Air Quality, except that no provision of
this part applies to Indian Reservations meaning any Federally
recognized reservation established by Treaty, Agreement,Executive Order,
or Act of Congress, as adopted on May 23, 1985.
(B) A letter from the Secretary of Louisiana Department of
Environmental Quality dated September 30, 1985, which commits the
Department to use only the EPA approved air quality models in accordance
with the provisions of 40 CFR 51.24(1) [now 40 CFR 51.166(1)] and to
submit a stack height and dispersion techniques SIP revision by April 8,
1986.
(C) A letter from the Secretary of Louisiana Department of
Environmental Quality dated June 3, 1986, which certifies that the
Department interprets the provisions of section 90.8 of Louisiana PSD
regulations as having the same meaning as the Federal stack height and
dispersion technique regulation, 40 CFR 51.1(hh)-(kk) [now 40 CFR
51.100(hh)-(kk)], promulgated by EPA in the Federal Register of July 8,
1985, and that the State will apply, implement, and enforce these
requirements in the PSD permitting process.
(D) A narrative explanation and additional requirements entitled
``Prevention of Significant Deterioration Revisions to the Louisiana
State Implementation Plan''.
(46) On January 6, 1988, the Governor of Louisiana submitted a
revision to the State Implementation Plan (SIP) that contained Air
Quality Regulations, LAC 33: Part III, Section 921, Stack Heights, as
adopted by the Secretary of the Department of Environmental Quality on
December 20, 1987. Section 921, Stack Heights, enables the State to
ensure that the degree of emission limitation required for the control
of any air pollutant under its SIP is not affected by that portion of
any stack height which exceeds GEP or by any other dispersion technique.
(i) Incorporation by reference.
(A) Louisiana Air Quality Regulations--LAC 33: Part III, Section
921, Stack Heights, as adopted by the Secretary of the Department of
Environmental Quality on December 20, 1987.
(ii) Other material--none.
(47) A revision exempting four rural carbon black plants--Ashland
Chemical, Louisa, LA; Cabot Corporation, Centerville, LA; Cabot
Corporation, Ville Platte, LA; and Columbian Chemicals, Franklin, LA--
from further controls on acetylene emissions as required under Louisiana
Air Quality Regulation 22.8 received from the Governor on January 12,
1987, and amended May 13, 1987.
(i) Incorporation by reference.
(A) A letter dated May 29, 1987, from Martha Madden, Secretary,
Louisiana Department of Environmental Quality, to the Governor of
Louisiana approving the exemptions from further controls on acetylene
emissions for the four rural carbon black plants and ordering each
facility to maintain its emissions at or below the levels specified in
the attached summary of emissions.
(ii) Additional material.
(A) A summary of VOC emissions for each of the four rural carbon
black plants exempted from further controls on acetylene emissions under
Louisiana Air Quality Regulation 22.8.
(48) Part II of the Visibility Protection Plan was submitted by the
Governor on October 26, 1987.
(i) Incorporation by reference.
(A) Revision entitled, ``Louisiana State Implementation Plan
Revision: Protection of Visibility: Proposed Part
[[Page 622]]
II Long-Term Strategy, October 26, 1987''. This submittal includes a
visibility long-term strategy and general plan provisions as approved
and adopted by the Secretary of the Louisiana Department of
Environmental Quality on October 26, 1987.
(B) Letter dated October 26, 1987, from Secretary of Louisiana
Department of Environmental Quality (LDEQ), to the Governor approving
the SIP revision.
(ii) Additional material.
(A) Letter dated June 16, 1988, from Administrator, Air Quality
Division, LDEQ, to Chief, SIP/New Source Section (6T-AN), EPA Region 6,
committing to make its three-year periodic review report available to
the public as well as to EPA.
(49) The recodified and revised regulations of the Louisiana
Administrative Code, Title 33, Part 3 (LAC:33:III) that were adopted by
the State effective December 20, 1987, and submitted by the Governor by
letters dated January 6, 1988, and October 4, 1988, for inclusion in the
SIP. These regulations include LAC:33:III: Chapters 1, 5, 7, 9, 11, 13,
15, 17, 23, 56, 60, 63, and 65, except LAC:33:III:111 ``Particulate
matter,'' and ``Suspended particulate matter,'' LAC:33:III:505.J, and
LAC:33:III:505.L, which were previously disapproved, and
LAC:33:III:6099, which was withdrawn by the Governor.
(i) Incorporation by reference. (A) Louisiana Administrative Code,
Title 33, Part 3, Chapters 1, 5, 7, 9, 11, 13, 15, 17, 23, 56, 60, 63,
and 65 as adopted by Louisiana Department of Environmental Quality on
December 20, 1987, except LAC:33:III: section 111 ``Particulate
matter,'' ``Suspended particulate matter,'' section 505.J, section
505.L, and section 6099.
(ii) Additional material. (A) A letter dated December 16, 1987, from
Martha Madden, Secretary of the Louisiana Department of Environmental
Quality, to the Governor of Louisiana, approving the codified air
quality regulations effective December 20, 1987.
(50) The Louisiana State Implementation Plan for PM10 as
submitted by the Governor in a letter dated July 26, 1988, and adopted
by the State effective June 20, 1988.
(i) Incorporation by reference. (A) Revisions to the Louisiana
Administrative Code, Title 33, Chapter III, Sections 111, 509.B,
509.I.8.a, 709, 1301.B, 1303.A, 1305.A., 1311.B, 1311.C, 1313.C, 1315,
1319.G, 5609.A.1, 5609.A.2, 5609.A.3, and Tables 1, 1a, and 2 of chapter
7 as adopted effective June 20, 1988.
(B) A letter dated May 22, 1989, from Mike D. McDaniel, Louisiana
Department of Environmental Quality, to William B. Hathaway, U.S.
Environmental Protection Agency.
(ii) Additional material.
(A) A letter dated July 26, 1988, from Paul H. Templet, Secretary,
Louisiana Department of Environmental Quality, to the Governor of
Louisiana approving the adoption of amendments to the Louisiana Air
Quality Regulations to implement the new PM10 standard
effective June 20, 1988.
(B) A narrative supplement to the Louisiana PM10
submitted by the Governor in a letter dated July 26, 1988.
(51) Revision to the Louisiana Lead State Implementation Plan (SIP)
submitted by the Governor in a letter dated July 18, 1986.
(i) Incorporation by reference.
(A) An amended Compliance Order dated January 31, 1986, issued by
the Secretary of the State of Louisiana Department of Environmental
Quality in the matter of Ethyl Corporation, Baton Rouge, Louisiana.
(ii) Additional material.
(A) Computer modeling submitted by letter dated May 27, 1988, from
Doug Walters, Louisiana Department of Environmental Quality, to Joe
Winkler, U.S. Environmental Protection Agency.
(B) Explanatory letter dated January 27, 1989, from Gustave Von
Bodungen, Louisiana Department of Environmental Quality, to Gerald
Fontenot, U.S. Environmental Protection Agency.
(52) On October 31, 1983, the Governor submitted a request to revise
the Louisiana SIP to include an Alternative Emission Reduction Plan for
the Vulcan Materials Company facility located at Geismar, Ascension
Parish. A permit was issued by LDEQ on March 24, 1983 (1829T), but
after several revisions, the final permit for the trade is 1829T (M-2),
issued July 28, 1989. This
[[Page 623]]
Bubble uses credits obtained from installation of a vapor recovery
system on a tank farm of five VOC storage tanks in lieu of controls on
one process vent and one VOC storage tank.
(i) Incorporation by reference.
(A) LDEQ Permit number 1829T (M-2), Revision of Bubble Permit--
Vulcan Chemicals Company, Geismar, Ascension Parish, Louisiana, issued
July 28, 1989.
(ii) Additional material.
(A) Letter dated June 28, 1989, from the Administrator of the
Louisiana Office of Air Quality, giving assurances that the State has
resources and plans necessary to strive toward attainment and
maintenance of the NAAQS for ozone taking into account the influence of
this Bubble on air quality.
(53) On May 5, 1986, the Governor submitted a request to revise the
Louisiana SIP to include an alternate Emission Reduction Plan for the
American Cyanamid Company Fortier Plant located at Westwego, Jefferson
Parish. A permit was issued by LDEQ on October 17, 1984 (1896), but
after several revisions, the final permit for the trade is 1896 (M-2),
issued July 20, 1989. This Bubble uses credits obtained from the change
of service of three storage tanks from VOC to non-VOC usage to offset
reductions required by controlling one methanol storage tank.
(i) Incorporation by reference.
(A) LDEQ permit number 1896 (M-2) issued July 20, 1989, a Revision
to Bubble Permit No. 1896 (M-1)--American Cyanamid Company, Westwego,
Jefferson Parish, Louisiana.
(ii) Additional material.
(A) Letter dated June 6, 1989, from the Administrator of the
Louisiana Office of Air Quality, giving the State position that the
Volatile Organic Compounds that have been shifted out of the emission
reduction credit donating tanks have not been shifted elsewhere in the
nonattainment area.
(B) Letter received by EPA on March 31, 1989, from Mr. Addison Tatum
of the State of Louisiana, including calculations for the permit.
(54) A revision to allow an alternative emission reduction plan
(``bubble'') for the Vista Chemical Company facility in Westlake,
Louisiana, as submitted by the Governor on November 22, 1983, and
amended by Louisiana Department of Environmental Quality Air Quality
Division permit 1828 M-2 issued September 25, 1986.
(i) Incorporation by reference.
(A) Louisiana Department of Environmental Quality Air Quality
Division permit 1828 M-2 issued September 25, 1986.
(ii) Additional material.--None.
(55) A revision to allow an alternative emission reduction plan
[``bubble''] for the Union Carbide facility in Hahnville, Louisiana, as
submitted by the Governor on October 19, 1983, and amended by Louisiana
Department of Environmental Quality Air Quality Division permit
1836T(M-1) issued April 23, 1987, and revised on May 5, 1990.
(i) Incorporation by reference.
(a) Louisiana Department of Environmental Quality Air Quality
Division permit 1836T(M-1) issued April 23, 1987, and revised on May 5,
1990.
(ii) Additional material.--None.
(56) Revisions to Louisiana's volatile organic compound regulations
were submitted by the Governor on June 13, 1990.
(i) Incorporation by reference.
(A) Revisions to Title 33, Environmental Quality, Part III. Air,
Chapter 21. Control of Emission of Volatile Organic Compounds,
Subchapter B. Organic Solvents, Section 2123. Organic Solvents,
paragraphs C.6. and D.3., effective February 20, 1990.
(57) Revisions to the Louisiana State Implementation Plan for
LAC:33:III: Section 509 Prevention of Significant Deterioration (PSD)
sections (509)(B) (Baseline Area) (1), 509(B) (Baseline Area) (2),
509(B) (Baseline Concentration) (1), (509)(B) (Baseline Concentration)
(1)(b), 509(B) (Baseline Concentration) (2)(a), 509(B) (Baseline
Concentration) (2)(b), 509(B) (Baseline Date) (1)(a), 509(B) (Baseline
Date) (1)(b), 509(B) (Baseline Date) (2), 509(B) (Baseline Date) (2)(a),
509(B) (Baseline Date) (2)(b), 509(B) (Net Emission Increases) (4),
509(D), and 509(P)(4), as adopted by the Secretary of Louisiana
Department of Environmental Quality (LDEQ) on July 20, 1990, were
submitted by the Governor on October 26, 1990.
(i) Incorporation by reference.
[[Page 624]]
(A) LAG:33:III: Section 509 Prevention of Significant Deterioration
Sections (509)(B) (Baseline Area) (1), 509(B) (Baseline Area) (2),
509(B) (Baseline Concentration) (1)(a), (509)(B) (Baseline
Concentration) (1)(b), 509(B) (Baseline Concentration) (2)(a), 509(B)
(Baseline Concentration) (2)(b), 509(B) (Baseline Date (1)(a), 509(B)
(Baseline Date) (1)(b), 509(B) (Baseline Date) (2), 509(B) (Baseline
Date) (2)(a), 509(B) (Baseline Date) (2)(b), 509(B) (Net Emission
Increase) (4), 509(D), and 509(P)(4) as amended on July 20, 1990.
(ii) Additional material.--None.
(58) Louisiana Air Quality Regulation section 6.6 as revised and
adopted by the Louisiana Environmental Control Commission on February
26, 1981, submitted by the Governor on March 25, 1981, and approved by
the Environmental Protection Agency on June 9, 1982.
(i) Incorporation by reference. (A) Louisiana Air Quality Regulation
section 6.6 as revised and adopted by the Louisiana Environmental
Control Commission on February 26, 1981, submitted by the Governor on
March 25, 1981, and approved by the Environmental Protection Agency on
June 9, 1982.
(ii) Additional material. (A) Letter dated March 24, 1981, from the
Secretary of the Louisiana Department of Natural Resources to the
Governor of Louisiana acknowledging approval of Louisiana Air Quality
Regulation section 6.6 by the Louisiana Environmental Control Commission
effective on February 26, 1981.
(59) A revision to the Louisiana State Implementation Plan (SIP) to
include revisions to LAC, Title 33, ``Environmental Quality,'' Part III.
Air, Chapter 15. Emission Standards for Sulfur Dioxide, effective April
20, 1992, and submitted by the Governor by cover letter dated August 5,
1992.
(i) Incorporation by reference.
(A) Revisions to LAC, Title 33, ``Environmental Quality,'' Part III.
Air, Chapter 15. Emission Standards for Sulfur Dioxide, Section 1501,
``Degradation of Existing Emission Quality Restricted;'' Section 1503,
``Emission Limitations;'' Table 4, ``Emissions--Methods of Contaminant
Measurement;'' Section 1505, ``Variances;'' Section 1507,
``Exceptions;'' Section 1509, ``Reduced Sulfur Compounds (New and
Existing Sources);'' Section 1511, ``Continuous Emissions Monitoring;''
and Section 1513, ``Recordkeeping and Reporting,'' effective April 20,
1992.
(60) A revision to the Louisiana State Implementation plan (SIP) to
include revisions to Louisiana Administrative Code (LAC), Title 33,
Environmental Quality, Part III. Air, Chapter 1, Chapter 21, and Chapter
61 as submitted by the Governor on June 13, 1990, October 26, 1990, May
24, 1991, and March 24, 1992.
(i) Incorporation by reference.
(A) LAC, Title 33, Environmental Quality, Part III. Air, Chapter 21
(December 1987). Control of Emission of Organic Compounds, except
section 2105. Storage of Volatile Organic Components (Small Tanks).
(B) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air, Chapter 1. General Provisions, section 111. Definitions-
Administrator, Administrative Authority*, Attainment Areas,
Nonattainment Areas, SIP, Volatile Organic Compound, and Chapter 21.
Control of Emission of Organic Compounds, Subchapter A. General, section
2103. Storage of Volatile Organic Compounds paragraphs A., C., D.1.,
D.1.a. through D.1.d., D.2., D.2.a., D.2.b., D.3., E., F., H.1., H.2.,
I. effective January 20, 1990.
(C) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A.
General, section 2107. Volatile Organic Compounds-Loading, section 2109.
Oil/Water-Separation, paragraphs A.1. through A.4., B. through D.,
section 2113. Housekeeping, paragraphs A.1 through A.3., A.5., section
2117. Exemptions, section 2119. Variances B., and Subchapter D. Cutback
Paving Asphalt section 2127. Cutback Paving Asphalt, paragraphs A., B.,
C.1., C.2., C.3., D., D.1., D.1.b., D.1.c., D.1.d., and D.2., effective
February 20, 1990.
(D) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter B.
Organic Solvents, section 2123. Organic Solvents, paragraphs C., C.1.
through C.5., C.7. through C.9., effective February 20, 1990.
[[Page 625]]
(E) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air, Chapter 21. Control of Emission of Organic Compounds, Subchapter F.
Gasoline Handling, section 2131. Filling of Gasoline Storage Vessels,
paragraphs A., B., B.1., B.3., D., D.1., D.4., D.5., E., F., and G.,
section 2133. Gasoline Bulk Plants paragraphs A., A.1., A.3. through
A.6., B., B.3., B.4., C. and D., section 2135. Bulk Gasoline Terminals
paragraphs A., B., B.1.a., B.1.a.i., B.1.a.iii., B.1.d., B.2. through
B.5., and C. through E., E.1. through E.4., and section 2137. Gasoline
Terminal Vapor-Tight Control Procedure. effective July 20, 1990.
(F) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air, Chapter 21. Control of Emission of Organic Compounds Subchapter A.
General, section 2101. Compliance Schedules, section 2115. Waste Gas
Disposal paragraphs A., B., C., D., F., G., H., I.1. through I.5., J.
through K., section 2121. Fugitive Emission Control paragraphs B., B.1,
B.2., C., C.1.b., C.1.b.i., C.1.b.ii., C.1.b.iii., C.1.c, C.2., C.2.b.,
C.2.b.i., C.4., C.4.c., C.4.d., C.5. and G., Subchapter C. Vapor
Degreasers, section 2125. Vapor Degreasers paragraphs A., A.1., A.2.,
A.2.i. through A.2.m., A.3., A.3.a. through A.3.d., B., B.1., B.7.,
B.8., C., C.1., C.1.a. through C.1.c., C.1.i., C.1.j., and D. through
G., Subchapter E. Perchloroethylene Dry Cleaning Systems, section 2129.
Perchloroethylene Dry Cleaning Systems paragraphs A., A.1., A.2., A.2.a.
through A.2.c., C., and D., Subchapter H. Graphic Arts, section 2143.
Graphic Arts (Printing) by Rotogravure and Flexographic Processes
paragraphs A., A.1., A.3., A.5., B., C. and D., Subchapter I.
Pharmaceutical Manufacturing Facilities, section 2145. Pharmaceutical
Manufacturing Facilities, paragraphs A., A.1., A.1.c., and E. through G.
effective November 20, 1990.
(G) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air, Chapter 21. Control of Emissions of Organic Compounds Subchapter A.
General, section 2103. Storage of Volatile Organic Compounds paragraphs
B.,D., D.2.c. through D.2.e., G., H.3., I.2.c., I.4. and I.5., section
2107. Volatile Organic Compounds-Loading paragraphs D.3. and D.4.,
section 2109. Oil/Water Separation paragraphs A., B.4., and B.5.,
section 2111. Pumps and Compressors, section 2113. Housekeeping
paragraph A.4., section 2119. Variances paragraph A.; Subchapter D.
Cutback Paving Asphalt, section 2127. Cutback Paving Asphalt paragraphs
C. and D.1.a. effective April 20, 1991.
(H) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air, Chapter 21. Control of Emission of Organic Compounds, section 2115.
Waste Gas Disposal paragraphs I., K., and K.4., section 2121. Fugitive
Emission Control paragraphs A., C.1., C.1.b.iv. through C.1.b.vi.,
C.4.a., C.4.b., C.4.h., D., D.1., D.1.b. through D.1.f., and D.2.,
seciton 2123. Organic Solvents paragraphs A., A.1. through A.3., B.,
B.1., B.1.a. through B.1.c., C.11., D., D.1. through D.9., E., E.1.
through E.7., F., and F.1. through F.4., Subchapter F. Gasoline
Handling, section 2131. Filling of Gasoline Storage Vessels paragraphs
D.2. and D.3., section 2135. Bulk Gasoline Terminals paragraph E.5.,
Subchapter G-Petroleum Refinery Operations, section 2139. Refinery
Vacuum Producing Systems paragraphs A. and B. and section 2141. Refinery
Process Unit Turnarounds effective July 20, 1991.
(I) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air, Chapter 61. Division's Sources Test Manual, Subchapter A. Method
43-Capture Efficiency Test Procedures section 6121 through section 6131
effective July 20, 1991.
(J) Revisions to LAC, Title 33, Environmental Quality, Part III. Air
Chapter 1. General Provisions, section 111. Definitions-Coating,
Department, Distance from Source to Property Line, Exceedance,
Hydrocarbon, Leak, Miscellaneous Metal Parts and Products Coating,
Nonattainment Area, Ozone Exceedance, SIP effective August 20, 1991.
(61) A revision to the Louisiana SIP to include revisions to LAC,
Title 33, ``Environmental Quality,'' Part III. Air, Chapter 21, Control
of Emission of Organic Compounds, Section 2132--Stage II Vapor Recovery
Systems for Control of Vehicle Refuelling Emissions at Gasoline
Dispensing Facilities effective November 20, 1992, and submitted by the
Governor by cover letter dated November 10, 1992.
(i) Incorporation by reference.
[[Page 626]]
(A) Revisions to LAC, Title 33, ``Environmental Quality,'' Part III.
Air, Chapter 21, Control of Emission of Organic Compounds, Section
2132--Stage II Vapor Recovery Systems for Control of Vehicle Refuelling
Emissions at Gasoline Dispensing Facilities, effective November 20,
1992; and Chapter 65, Section 6523--Fee Schedule Listing, effective
November 20, 1992.
(ii) Additional materials.
(A) November 15, 1993, narrative plan addressing: Legal authority,
control strategy, compliance schedules, air quality surveillance, public
notice, determination of regulated universe, Louisiana Department of
Environmental Quality recordkeeping, facility recordkeeping, annual in-
use above ground inspections, program penalties, training, and benefits.
(62) Alternative emission reduction (bubble) plan for the Dow
Chemical facility located in Plaquemine, Iberville Parish, as adopted by
the Louisiana Environmental Control Commission on July 28, 1983,
submitted by the Governor on October 19, 1983, and amended by the
Louisiana Department of Environmental Quality with permit number
1838T(M-2) issued on October 16, 1991.
(ii) Incorporation by reference.
(A) Permit number 1838T(M-2) as issued by the Louisiana Department
of Environmental Quality on October 16, 1991.
(ii) Additional material.
(A) Letter dated September 17, 1991, from the Administrator of the
Office of Air Quality at the Louisiana Department of Environmental
Quality to the Chief of the Planning Section at the Air Programs Branch
of the U.S. Environmental Protection Agency--Region 6, furnishing State
assurances.
(63) The State is required to implement a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program
(PROGRAM) as specified in the plan revision submitted by the Governor on
October 22, 1992. This plan submittal, as adopted by the Secretary of
the Louisiana Department of Environmental Quality (LDEQ) on October 22,
1992, was developed in accordance with section 507 of the Clean Air Act
(CAA).
(i) Incorporation by reference.
(A) Enrolled House Bill No. 1319 (Act 1037, Regular Session, 1992),
signed into law by the Governor on July 13, 1992, and effective upon
signature, enacting Louisiana Revised Statutes (R.S.) 30:2061 and 2062
and R.S. 36:239(H). Included in Act 1037 are provisions establishing a
small business stationary source compliance assistance program; creating
the State Ombudsman Office for small business; creating a Compliance
Advisory Panel (CAP); establishing membership of the CAP; and
establishing CAP powers, duties, and functions.
(B) Louisiana R.S. 30:2060N.(6), ``Toxic air pollutant emission
control program'', (the small business stationary source technical and
environmental compliance assistance program subsection), as in effect on
October 22, 1992.
(C) State of Louisiana Executive Order No. EWE 92-4 dated February
10, 1992, and effective upon signature, creating and establishing an
Office of Permits within the Executive Department, Office of the
Governor.
(D) Letter from Louisiana Governor Edwards to Mr. Kai Midboe,
Secretary, LDEQ, dated February 20, 1992, designating the Governor's
Office of Permits as the official State office to serve as Ombudsman for
the PROGRAM per the mandate of section 507 of the Federal CAA. The
Coordinator of the Office of Permits will be responsible for
administering the Small Business Ombudsman portion of the PROGRAM.
(ii) Additional material.
(A) Narrative SIP Revision entitled, ``Louisiana SIP, Concerning CAA
Amendments of 1990, Section 507, Small Business Stationary Source
Technical and Environmental Compliance Assistance (Program); November
15, 1992.''
(B) ``State of Louisiana Memorandum of Understanding Between the
Governor's Office of Permits and the Louisiana Department of
Environmental Quality'', signed (and effective) on April 7, 1992, by Mr.
Kai David Midboe, Secretary, LDEQ, and Ms. Martha A. Madden,
Coordinator, Governor's Office of Permits.
(C) Legal opinion letter dated October 22, 1992, from James B.
Thompson, III, Assistant Secretary for Legal Affairs and Enforcement,
LDEQ, to Mr.
[[Page 627]]
B. J. Wynne, Regional Administrator, EPA Region VI, regarding
``Appointment to Small Business Advisory Panel''.
(64) Revisions to the Louisiana SIP addressing VOC RACT catch-up
requirements were submitted by the Governor of Louisiana by letters
dated December 21, 1992, and April 14, 1993.
(i) Incorporation by reference.
(A) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2103. Storage of Volatile Organic Compounds,
paragraphs G., I., I.4.; section 2109. Oil/Water Separation, paragraph
B.4.; Subchapter B. Organic Solvents; section 2123. Organic Solvents,
paragraph D.6.; Subchapter C. Vapor Degreasers; section 2125. Vapor
Degreasers, paragraph D.; Subchapter F. Gasoline Handling; section 2131.
Filling of Gasoline Storage Vessels, paragraphs D., D.1., D.3., G.;
section 2135. Bulk Gasoline Terminals, paragraph A.; Subchapter H.
Graphic Arts; section 2143. Graphic Arts (Printing) by Rotogravure and
Flexographic Processes, paragraph B, as adopted by LDEQ on October 20,
1992.
(B) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2115. Waste Gas Disposal, introductory paragraph,
paragraphs H., H.1., H.1.a through H.1.d, H.2, H.2.a, H.2.b, H.3, L., as
adopted by LDEQ on March 20, 1993.
(ii) Additional material.
(A) Letters dated November 10, 1992 and December 21, 1992, signed by
Edwin Edwards, Governor of Louisiana.
(B) Letter dated April 14, 1993, signed by Edwin Edwards, Governor
of Louisiana.
(C) Letter of negative declaration dated March 29, 1994, signed by
Gustave Von Boduungen, P.E., Assistant Secretary, LDEQ.
(65) Revisions to the Louisiana Department of Environmental Quality
Regulation Title 33, Part III, Chapter 9, Section 919, (February 2,
1993), and a technical correction (October 20, 1994). These revisions
are for the purpose of implementing an emission statement program for
stationary sources within the ozone nonattainment areas.
(i) Incorporation by reference.
(A) Revisions to LAC, title 33, Part III, Chapter 9, General
Regulations on Control of Emissions and Emissions Standards, Section
919, Emission Inventory, adopted in the Louisiana Register, Vol. 19, No.
2, 184-186, February 20, 1993. All subsections except B.2.a. and B.2.d.
(B) Revisions to LAC, title 33, Part III, Chapter 9, General
Regulations on Control of Emissions and Emissions standards, Section
919, Emission Inventory, adopted in the Louisiana Register, Vol 20, No.
10, 1102, October 20, 1994. Subsections B.2.a. and B.2.d.
(66) Revisions to the Louisiana Department of Environmental Quality
Regulation Title 33, Part III, Chapter 2, Section 223 and Chapter 19,
Sections 1951-1973. These revisions are for the purpose of implementing
a Clean Fuel Fleet Program to satisfy the Federal requirements for a
Clean Fuel Fleet Program to be part of the SIP for Louisiana.
(i) Incorporation by reference.
(A) Revision to LAC, Title 33, Part III, Chapter 2, Rules and
Regulations for the Fee System of the Air Quality Control Programs,
Section 223, Fee Schedule Listing, adopted in the Louisiana Register,
Vol. 20, No. 11, 1263, November 20, 1994.
(B) Revision to LAC, Title 33, Part III, Chapter 19, Mobile Sources,
Subchapter B, Clean Fuel Fleet Program, Sections 1951-1973, adopted in
the Louisiana Register, Vol. 20, No. 11, 1263-1268, November 20, 1994.
(67) A revision to the Louisiana State Implementation Plan for
General Conformity: LAC 33:III. CHAPTER 14. SUBCHAPTER A ``Determining
Conformity of General Federal Actions to State or Federal Implementation
Plan'' as adopted by the Louisiana Department of Environmental Quality
Secretary and published in the Louisiana Register, Vol. 20, No. 11,
1268, November 20, 1994, was submitted by the Governor on November 10,
1994.
(i) Incorporation by reference.
(A) Louisiana General Conformity: LAC 33:III. CHAPTER 14. SUBCHAPTER
A ``Determining Conformity of General Federal Actions to State or
Federal Implementation Plan'' as
[[Page 628]]
adopted by the Louisiana Department of Environmental Quality Secretary
and published in the Louisiana Register, Vol. 20, No. 11, 1268, November
20, 1994.
(68) A revision to the Louisiana SIP addressing the nonattainment
NSR program for Louisiana was submitted by the Governor of Louisiana on
March 3, 1993, and November 15, 1993.
(i) Incorporation by reference.
(A) Revision to LAC, Title 33, Part III. Air, Chapter 5. Permit
Procedures, by the addition of Section 504. Nonattainment New Source
Review Procedures, as promulgated in the Louisiana Register, Volume 19,
Number 2, 176-183, February 20, 1993; effective February 20, 1993, and
submitted by the Governor on March 3, 1993.
(B) Revisions to LAC, Title 33, Part III. Air, Chapter 5. Permit
Procedures, Section 504. Nonattainment New Source Review Procedures,
Subsections: A., Applicability, Paragraphs A(1), A(2), A(3), A(4); D.,
Nonattainment New Source Requirements, Paragraph D(4); Delete G., Permit
Procedures, Public Participation and Notification; Reletter H.,
Definitions, to G., and revise definitions for Major Modification
(paragraphs: a., c.iii, c.iv, c.v.(a)(b), c.vi, c.vii), Major Stationary
Source (paragraphs: a., d.i); Delete Table 1; Renumber Table 2, Major
Stationary Source/Major Modification Emission Thresholds, to Table 1,
and revise Footnote 1., as promulgated in the Louisiana Register, Volume
19, Number 11, 1420-1421, November 20, 1993; effective November 20,
1993, and submitted by the Governor on November 4, 1993.
(ii) Additional material.
(A) Letter dated January 7, 1994, signed by the Governor of
Louisiana, which clarifies that section 504 is to be reviewed under the
SIP program.
(69) The Governor of Louisiana submitted revisions to Regulation
Louisiana Administrative Code on March 22, 1995 to incorporate changes
in the Federal PSD permitting regulations for PM-10 increments.
(i) Incorporation by reference.
(A) Revisions to Regulation Louisiana Administrative Code
33:III.Chapter 5, Section 509, effective February 20, 1995: Section B.
Definitions: Baseline Date; Section B. Definitions: Net Emissions
Increase; Section D. Ambient Air Increments; Section I.8.a.; Section
K.2.; and Section P.4.
(70) The Louisiana Department of Environmental Quality submitted a
redesignation request and maintenance plan for Pointe Coupee Parish on
December 20, 1995. The redesignation request and maintenance plan meet
the redesignation requirements in section 107(d)(3)(E) of the Act as
amended in 1990. The redesignation meets the Federal requirements of
section 182(a)(1) of the Clean Air Act as a revision to the Louisiana
ozone State Implementation Plan for Pointe Coupee Parish. The EPA
therefore approved the request for redesignation to attainment with
respect to ozone for Pointe Coupee Parish on December 20, 1996.
(i) Incorporation by reference. Letter dated August 31, 1995, from
Mr. Gustave Von Bodungen, P.E., Assistant Secretary, Louisiana
Department of Environmental Quality, transmitting a copy of the Pointe
Coupee Parish maintenance plan for the EPA's approval.
(ii) Additional material.
(A) Letter dated August 28, 1995, from Governor Edwin E. Edwards of
Louisiana to Ms. Jane Saginaw, Regional Administrator, requesting the
reclassification and redesignation of Pointe Coupee Parish to attainment
for ozone.
(B) The ten year ozone maintenance plan, including emissions
projections and contingency measures, submitted to EPA as part of the
Pointe Coupee Parish redesignation request on December 20, 1995.
(71) A revision to the Louisiana SIP addressing the 15 percent rate-
of-progress requirements was submitted by the Governor of Louisiana by
cover letter dated December 15, 1995. This revision, submitted to
satisfy the requirements of section 182(b) of the Clean Air Act (Act),
will aid in ensuring that reasonable further progress is made towards
attaining the national ambient air quality standard (NAAQS) for ozone.
(i) Incorporation by reference.
(A) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2108. Marine Vapor Recovery,
[[Page 629]]
paragraphs B.1., B.2., B.3., B.3.a. through B.3.d., B.4.a., B.4.b.,
B.5., B.6., D.1.a., D.1.a.i., D.1.a.ii., D.1.b., D.2., D.3., D.4.a.,
D.4.b., D.4.c., D.4.c.i., D.4.c.ii., D.4.d., D.4.e., D.4.e.i.,
D.4.e.ii., D.4.f., D.4.g., E.2., E.2.a. through E.2.c., F.1., F.2.,
F.3., G.1., G.2., as adopted by LDEQ on October 20, 1988.
(B) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2108. Marine Vapor Recovery, paragraphs A., B.
Definitions-Barge, Crude Oil, Gasoline, Ship, C., C.1., C.2., C.3.,
C.3.a. through C.3.d. (note: paragraphs B.1., B.2., B.3., and B.3.a.
through B.3.d., as adopted on October 20, 1988, were moved to C.1.,
C.2., C.3., and C.3.a. through C.3.d. without repromulgating), C.4.,
C.4.a., C.4.b., C.5., C.6. (note: paragraphs B.4.a., B.4.b., B.5., and
B.6., as adopted on October 20, 1988, were moved to C.4.a., C.4.b.,
C.5., and C.6. without repromulgating), D.1., D.1.a. through D.1.c.,
D.2., D.2.a. through D.2.c., D.3., E., E.1., E.1.a., E.1.a.i.,
E.1.a.ii., E.1.b., E.2., E.3. (note: D.1.a., D.1.a.i., D.1.a.ii.,
D.1.b., D.2., and D.3., as adopted October 20, 1988, were moved to
E.1.a., E.1.a.i., E.1.a.ii., E.1.b., E.2., and E.3. without
repromulgating), E.4., E.4.a., E.4.b., E.4.c., E.4.c.i., E.4.c.ii.,
E.4.d., E.4.e., E.4.e.i., E.4.e.ii., E.4.f., E.4.g. (note: D.4.a.,
D.4.b., D.4.c., D.4.c.i., D.4.c.ii., D.4.d., D.4.e., D.4.e.i.,
D.4.e.ii., D.4.f., and D.4.g, as adopted on October 20, 1988, were moved
to E.4.a., E.4.b., E.4.c., E.4.c.i., E.4.c.ii., E.4.d., E.4.e.,
E.4.e.i., E.4.e.ii., E.4.f., and E.4.g. without repromulgating), E.5.,
F., F.1., F.2., F.2.a. through F.2.e. (note: E.2. and E.2.a. through
E.2.c., as adopted on October 20, 1988, were moved to F.2. and F.2.a
through F.2.c. without repromulgating), G., G.1., G.2., G.3. (note:
F.1., F.2., and F.3., as adopted October 20, 1988, were moved to G.1.,
G.2., and G.3. without repromulgating), H., H.1., H.2. (note: G.1. and
G.2., as adopted on October 20, 1988, were moved to H.1. and H.2.
without repromulgating), as adopted by LDEQ on November 20, 1990.
(C) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2122. Fugitive Emission Control for Ozone
Nonattainment Areas, paragraphs A., A.1. through A.5., A.6., A.6.a.
through A.6.d., B. Definitions-Connector, Good Performance Level, Heavy
Liquid Service, Inaccessible Valve/Connector, In Vacuum Service, Light
Liquid, Light Liquid Service, Liquid Service, Process Unit, Process Unit
Shutdown, Unrepairable Component, C., C.1., C.1.a. through C.1.c., C.2.
through C.5., D., D.1., D.1.a., D.1.a.i., D.1.a.ii., D.1.b., D.1.b.i.
through D.1.b.v., D.1.c. through D.1.e., D.2., D.2.a., D.2.b., D.2.b.i.
through D.2.b.iii., D.3., D.3.a. through D.3.d., D.4., D.4.a. through
D.4.k., D.5., E.1.a. through E.1.f., E.2., E.3., E.3.a., E.3.a.i.
through E.3.a.v., E.3.b., E.3.b.i. through E.3.b.v., F., F.1., F.2.,
F.2.a. through F.2.j., F.3., G., G.1. through G.13., as adopted by LDEQ
on October 20, 1994.
(D) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2122. Fugitive Emission Control for Ozone
Nonattainment Areas, paragraphs E., E.1., E.1.g., as adopted by LDEQ on
November 20, 1994.
(E) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2103. Storage of Volatile Organic Compounds,
paragraphs A., B., D.1., D.1.a. through D.1.d., D.2., D.2.a. through
D.2.e., E., F., G., G.1. through G.4., H., H.1., H.2., H.2.a. through
H.2.e., H.3., I., I.1., I.2., I.2.a. through I.2.c., I.3. through I.5.,
as adopted by LDEQ on December 20, 1994.
(F) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air;
Chapter 21. Control of Emissions of Organic Compounds, Subchapter A.
General; section 2103. Storage of Volatile Organic Compounds, paragraphs
C., D., D.3., as adopted by LDEQ on November 20, 1995.
(G) Revisions to LAC, Title 33, Environmental Quality, Part III.
Air; Chapter 21. Control of Emissions of Organic Compounds, Subchapter
A. General; section 2103. Storage of Volatile Organic Compounds,
paragraph D.4., as adopted by LDEQ on December 20, 1995.
(H) Reasonable Further Progress Agreed To Order, dated December 16,
1994, issued by the Assistant Secretary of the State of Louisiana
Department
[[Page 630]]
of Environmental Quality in the matter of BASF Corporation, Geismar,
Louisiana.
(I) Reasonable Further Progress Agreed To Order, dated August 22,
1994, issued by the Assistant Secretary of the State of Louisiana
Department of Environmental Quality in the matter of CosMar Company,
Inc., Carville, Louisiana.
(J) Reasonable Further Progress Agreed To Order, dated September 26,
1994, issued by the Assistant Secretary of the State of Louisiana
Department of Environmental Quality in the matter of Shell Chemical
Company, Geismar, Louisiana.
(K) Reasonable Further Progress Agreed To Order, dated September 8,
1994, issued by the Assistant Secretary of the State of Louisiana
Department of Environmental Quality in the matter of Uniroyal Chemical
Company, Inc., Geismar, Louisiana.
(L) Reasonable Further Progress Agreed To Order, dated September 8,
1994, issued by the Assistant Secretary of the State of Louisiana
Department of Environmental Quality in the matter of Vulcan Chemicals,
Geismar, Louisiana.
(M) SIP narrative plan entitled, ``Revision to the 15% Rate of
Progress Plan and 1990 Emissions Inventory,'' dated December 28, 1995,
page 11, Section 2.2, 1996 Target Level Emissions, first paragraph; page
23, Section 5, Table 2--Reductions in Plan; page 173, Appendix G,
table--Reductions from Industrial Sources through 1996 Used for the 15%
Requirement, which ends on page 174.
(ii) Additional materials.
(A) SIP narrative plan entitled, ``Revision to 15% Rate of Progress
Plan and 1990 Emissions Inventory,'' submitted by the Governor of
Louisiana on December 15, 1995, except Section 6. Contingency Measures
Documentation, Appendix M. Contingency Reductions Documentation, and
Appendix N. Banking Regulations.
(B) Letter dated May 3, 1996, from Gustave Von Bodungen, Louisiana
Department of Environmental Quality, to Thomas Diggs, U.S. Environmental
Protection Agency, transmitting supplemental documentation for the 15
Percent Rate of Progress Plan.
(72) Revisions to the Louisiana SIP addressing VOC RACT Negative
Declarations. The Governor of Louisiana submitted the negative
declarations for reasonably available control technology (RACT) for the
Baton Rouge ozone nonattainment area on December 15, 1996. Section
172(c)(1) of the Clean Air Act requires nonattainment areas to adopt, at
a minimum, RACT to reduce emissions from existing sources. Pursuant to
section 182(b)(2) of the Act, for moderate and above ozone nonattainment
areas, the EPA has identified 13 categories for such sources and
developed the Control Technique Guidelines (CTGs) or Alternate Control
Techniques (ACTs) documents to implement RACT at those sources. When no
major volatile organic compound (VOC) sources for a CTG/ACT category
exist in a nonattainment area, a State may submit a negative declaration
for that category. Louisiana's submittal included two negative
declaration letters from Mr. Gustave Von Bodungen to Ms. Karen Alvarez
dated April 6, 1994, and June 20, 1994, for the following source
categories: offset lithography, plastic parts-business machines, plastic
parts-others, wood furniture, aerospace coatings, autobody refinishing,
and shipbuilding coatings/repair. This submittal satisfies section
182(b)(2) of the Clean Air Act Amendments of 1990 for these particular
CTG/ACT source categories for the Baton Rouge ozone nonattainment area.
(i) Incorporation by reference. The letter dated December 15, 1995,
from the Governor of Louisiana to the Regional Administrator, submitting
a revision to the Louisiana SIP for VOC RACT rules, which included VOC
RACT negative declarations.
(ii) Additional material.
(A) The negative declaration letter dated April 16, 1994, from Mr.
Gustave Von Bodungen to Ms. Karen Alvarez.
(B) The negative declaration letter dated June 20, 1994, from Mr.
Gustave Von Bodungen to Ms. Karen Alvarez.
(73) The Louisiana Department of Environmental Quality submitted a
redesignation request and maintenance plan for Calcasieu Parish on
December 20, 1995. The redesignation request and maintenance plan meet
the redesignation requirements in section
[[Page 631]]
107(d)(3)(E) of the Act. The redesignation meets the Federal
requirements of section 182(a)(1) of the Act as a revision to the
Louisiana ozone State Implementation Plan for Calcasieu Parish. The EPA
therefore approved the request for redesignation to attainment with
respect to ozone for Calcasieu Parish on June 2, 1997.
(i) Incorporation by reference. Letter dated December 20, 1995, from
Governor Edwin E. Edwards of Louisiana to Ms. Jane Saginaw, Regional
Administrator, transmitting a copy of the Calcasieu Parish maintenance
plan and requesting the redesignation of Calcasieu Parish to attainment
for ozone.
(ii) Additional material. The ten year ozone maintenance plan,
including emissions projections and contingency measures, submitted to
EPA as part of the Calcasieu Parish redesignation request on December
20, 1995.
(74) Revisions to the Louisiana Department of Environmental Quality
Regulation Title 33, Part III, Chapter 21, Control of Emission of
Organic Compounds, submitted by the Governor on December 15, 1995.
(i) Incorporation by reference.
(A) LAC, Title 33, Part III, Chapter 21, Section 2147, Limiting
Volatile Organic Compound Emissions from Reactor Processes and
Distillation Operations in the Synthetic Organic Chemical Manufacturing
Industry, adopted in the Louisiana Register on April 20, 1995 (LR
21:380).
(B) LAC, Title 33, Part III, Chapter 21, Section 2149, Limiting
Volatile Organic Compound Emissions from Batch Processing, adopted in
the Louisiana Register on April 20, 1995 (LR 21:387).
(C) LAC, Title 33, Part III, Chapter 21, Section 2151, Limiting
Volatile Organic Compound Emissions from Cleanup Solvent Processing,
adopted in the Louisiana Register on April 20, 1995 (LR 21:391).
(ii) Additional material.
(A) Letter of negative declaration for wood furniture dated January
21, 1997, from the State of Louisiana Department of Environmental
Quality.
(75) A revision to the Louisiana State Implementation Plan for
General Conformity: LAC 33:III. Chapter 14. Subchapter A ``Determining
Conformity of General Federal Actions to State or Federal Implementation
Plan,'' Section 1405.B as adopted by the Louisiana Department of
Environmental Quality Secretary and published in the Louisiana Register,
Vol. 23, No. 6, 720, June 20, 1997, was submitted by the Governor on
September 8, 1997.
(i) Incorporation by reference.
(A) Louisiana General Conformity: LAC 33:III. Chapter 14. Subchapter
A ``Determining Conformity of General Federal Actions to State or
Federal Implementation Plan'', Section 1405.B as adopted by the
Louisiana Department of Environmental Quality Secretary and published in
the Louisiana Register, Vol. 23, No. 6, 720, June 20, 1997.
(76) [Reserved]
(77) Revisions to the Louisiana Administrative Code, Title 33, Part
III, Chapter 21, Section 2149 (LAC 33:III.2149), ``Limiting Volatile
Organic Compound Emissions from Batch Processing,'' submitted by the
Governor on March 23, 1998.
(i) Incorporation by reference.
LAC 33:III Chapter 21, revised paragraph 2149.A.2.b; paragraphs
2149.C.2.a, b, and c become paragraphs 2149.C.2.d, e, and f
respectively; and add new paragraphs 2149.C.2.a, b, and c, as adopted in
the Louisiana Register on November 20, 1997 (LR 23:1507).
(ii) Additional material. None.
(78) [Reserved]
(79) Site-specific revision to the 15% Rate-of-Progress plan
submitted by the Governor in a letter dated December 20, 1997. The
revision provides for a schedule extension for installation of guide
pole sliding cover gaskets on 33 external floating roof tanks located at
the Baton Rouge refinery of Exxon Company U.S.A.
(i) Incorporation by reference. Letters dated July 17, 1997, and
September 12, 1997, from the LDEQ to Exxon Company U.S.A. approving the
compliance date extension; which are included in the State
Implementation Plan submittal entitled, ``Summary of 15% Rate-of-
Progress State Implementation Plan Revision,'' dated December 20, 1997.
(ii) Additional material.
[[Page 632]]
(A) Letter from the Governor of Louisiana dated December 20, 1997,
transmitting a copy of the State Implementation Plan revision.
(B) Letters dated November 13, 1996; May 14, 1997; and July 3, 1997;
from Exxon Company U.S.A. to the LDEQ requesting the compliance date
extension and including a list of the subject tanks, the date of the
next maintenance downtime, and emissions estimates for the tanks; which
are included in the State Implementation Plan submittal entitled,
``Summary of 15% Rate-of-Progress State Implementation Plan Revision,''
dated December 20, 1997.
[37 FR 10869, May 31, 1972. Redesignated at 63 FR 63183, Nov. 12, 1998]
Editorial Note: For Federal Register citations affecting
Sec. 52.999, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and on GPO Access.