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Electronic Code of Federal Regulations

e-CFR Data is current as of September 22, 2014

Title 40Chapter ISubchapter C → Part 52


Title 40: Protection of Environment


PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS (CONTINUED)


Contents

Subpart U—Maine

§52.1019   Identification of plan—conditional approval.
§52.1020   Identification of plan.
§52.1021   Classification of regions.
§52.1022   Approval status.
§52.1023   Control strategy: Ozone.
§52.1024   Attainment dates for national standards.
§52.1025   Control strategy: Particulate matter.
§52.1026   Review of new sources and modifications.
§52.1027   Rules and regulations.
§52.1028   [Reserved]
§52.1029   Significant deterioration of air quality.
§52.1030   Control strategy: Sulfur oxides.
§52.1031   EPA-approved Maine regulations.
§52.1033   Visibility protection.
§52.1034   Stack height review.
§52.1035   Requirements for state implementation plan revisions relating to new motor vehicles.
§52.1036   Emission inventories.
§52.1037   Original identification of plan section.

Subpart V—Maryland

§52.1070   Identification of plan.
§52.1071   Classification of regions.
§52.1072   [Reserved]
§52.1073   Approval status.
§52.1074   [Reserved]
§52.1075   Base year emissions inventory.
§52.1076   Control strategy plans for attainment and rate-of-progress: Ozone.
§§52.1077-1079   [Reserved]
§52.1080   Photochemical Assessment Monitoring Stations (PAMS) Program.
§52.1081   Control strategy: Particulate matter.
§52.1082   Determinations of attainment.
§52.1083   [Reserved]
§52.1084   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1085   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§§52.1086-52.1099   [Reserved]
§52.1100   Original identification of plan section.
§§52.1101-52.1109   [Reserved]
§52.1110   Small business stationary source technical and environmental compliance assistance program.
§§52.1111-52.1115   [Reserved]
§52.1116   Significant deterioration of air quality.
§52.1117   Control strategy: Sulfur oxides.
§52.1118   [Reserved]

Subpart W—Massachusetts

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

Subpart X—Michigan

§52.1170   Identification of plan.
§52.1171   Classification of regions.
§52.1172   Approval status.
§52.1173   Control strategy: Particulates.
§52.1174   Control strategy: Ozone.
§52.1175   Compliance schedules.
§52.1176   Review of new sources and modifications. [Reserved]
§§52.1177-52.1178   [Reserved]
§52.1179   Control strategy: Carbon monoxide.
§52.1180   Significant deterioration of air quality.
§52.1181   Interstate pollution.
§52.1182   State boards.
§52.1183   Visibility protection.
§52.1184   Small business stationary source technical and environmental compliance assistance program.
§52.1185   Control strategy: Carbon monoxide.
§52.1186   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1187   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§52.1188   [Reserved]
§52.1190   Original Identification of plan section.

Subpart Y—Minnesota

§52.1219   Identification of plan—conditional approval.
§52.1220   Identification of plan.
§52.1221   Classification of regions.
§52.1222   Original Identification of plan section.
§52.1223   Approval status.
§52.1224   General requirements.
§52.1225   Review of new sources and modifications.
§§52.1226-52.1229   [Reserved]
§52.1230   Control strategy and rules: Particulates.
§§52.1231-52.1232   [Reserved]
§52.1233   Operating permits.
§52.1234   Significant deterioration of air quality.
§52.1235   Regional haze.
§52.1236   Visibility protection.
§52.1237   Control strategy: Carbon monoxide.
§52.1240   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1241   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

Subpart Z—Mississippi

§52.1270   Identification of plan.
§52.1271   Classification of regions.
§52.1272   Approval status.
§52.1273   [Reserved]
§52.1275   Legal authority.
§52.1276   [Reserved]
§52.1277   General requirements.
§52.1278   Control strategy: Sulfur oxides and particulate matter.
§52.1279   Visibility protection.
§52.1280   Significant deterioration of air quality.
§52.1281   Original identification of plan section.
§52.1284   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

Subpart AA—Missouri

§52.1319   [Reserved]
§52.1320   Identification of Plan.
§52.1321   Classification of regions.
§52.1322   Original Identification of Plan Section.
§52.1323   Approval status.
§52.1324   [Reserved]
§52.1325   Legal authority.
§52.1326   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1327   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§§52.1326-52.1334   [Reserved]
§52.1335   Compliance schedules.
§§52.1336-52.1338   [Reserved]
§52.1339   Visibility protection.
§52.1340   Control strategy: Carbon monoxide.
§52.1341   Control strategy: Particulate.
§52.1342   Control strategy: Ozone.

Subpart BB—Montana

§52.1370   Identification of plan.
§52.1371   Classification of regions.
§52.1372   Approval status.
§52.1373   Control strategy: Carbon monoxide.
§52.1374   Control strategy: Particulate matter.
§52.1375   Control strategy: Lead.
§52.1376   Extensions.
§52.1377   [Reserved]
§52.1378   General requirements.
§52.1379   Legal authority.
§§52.1380-52.1381   [Reserved]
§52.1382   Prevention of significant deterioration of air quality.
§52.1384   Emission control regulations.
§§52.1385-52.1386   [Reserved]
§52.1387   Visibility protection.
§52.1388   Stack height regulations.
§52.1389   [Reserved]
§52.1390   Missoula variance provision.
§52.1391   Emission inventories.
§52.1392   Federal Implementation Plan for the Billings/Laurel Area.
§52.1393   Interstate transport requirements.
§52.1394   Section 110(a)(2) infrastructure requirements.
§52.1395   Smoke management plan.
§52.1396   Federal implementation plan for regional haze.

Subpart CC—Nebraska

§52.1420   Identification of Plan.
§52.1421   Classification of regions.
§52.1422   Approval status.
§52.1423   PM10 State implementation plan development in group II areas.
§52.1424   Operating permits.
§52.1425   Compliance schedules.
§52.1426   Original identification of plan section.
§52.1427   Operating permits.
§52.1428   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1429   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§§52.1430-52.1435   [Reserved]
§52.1436   Significant deterioration of air quality.
§52.1437   Visibility protection.

Subpart DD—Nevada

§52.1470   Identification of plan.
§52.1471   Classification of regions.
§52.1472   Approval status.
§52.1473   General requirements.
§52.1474   Part D conditional approval.
§52.1475   Control strategy and regulations: Sulfur oxides.
§52.1476   Control strategy: Particulate matter.
§52.1477   Nevada air pollution emergency plan.
§52.1478   Extensions.
§52.1479   Source surveillance.
§§52.1480-52.1481   [Reserved]
§52.1482   Compliance schedules.
§52.1483   Malfunction regulations.
§52.1484   [Reserved]
§52.1485   Significant deterioration of air quality.
§52.1486   Control strategy: Hydrocarbons and ozone.
§52.1487   Public hearings.
§52.1488   Visibility protection.
§52.1489   Particulate matter (PM-10) Group II SIP commitments.
§52.1490   Original identification of plan.
§52.1491   Interstate transport.

Subpart EE—New Hampshire

§52.1519   Identification of plan—conditional approval.
§52.1520   Identification of plan.
§52.1521   Classification of regions.
§52.1522   Approval status.
§52.1523   Attainment dates for national standards.
§52.1524   Compliance schedules.
§52.1525   EPA-approved new Hampshire state regulations.
§52.1526   [Reserved]
§52.1527   Rules and regulations.
§52.1528   Control strategy: Carbon monoxide.
§52.1529   Significant deterioration of air quality.
§52.1530   Requirements for State implementation plan revisions relating to new motor vehicles.
§52.1531   Visibility protection.
§52.1532   Stack height review.
§52.1533   Emission inventories.
§52.1534   Control strategy: Ozone.
§52.1535   Original identification of plan section.

Subpart FF—New Jersey

§52.1570   Identification of plan.
§52.1571   Classification of regions.
§52.1572   Extensions.
§52.1573   Approval status.
§§52.1574-52.1575   [Reserved]
§52.1576   Determinations of attainment.
§52.1577   Compliance schedules.
§52.1578   Review of new sources and modifications.
§52.1579   Intergovernmental cooperation.
§52.1580   Conditional approval.
§52.1581   Control strategy: Carbon monoxide.
§52.1582   Control strategy and regulations: Ozone.
§52.1583   Requirements for state implementation plan revisions relating to new motor vehicles.
§52.1584   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1585   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§52.1586   Section 110(a)(2) infrastructure requirements.
§§52.1587-52.1600   [Reserved]
§52.1601   Control strategy and regulations: Sulfur oxides.
§52.1602   Control strategy and regulations: PM2.5.
§52.1603   Significant deterioration of air quality.
§52.1604   Control strategy and regulations: Total suspended particulates.
§52.1605   EPA-approved New Jersey regulations.
§52.1606   Visibility protection.
§52.1607   Small business technical and environmental compliance assistance program.

Subpart GG—New Mexico

§52.1620   Identification of plan.
§52.1621   Classification of regions.
§52.1622   Approval status.
§52.1623   Conditional approval.
§§52.1624-52.1626   [Reserved]
§52.1627   Control strategy and regulations: Carbon monoxide.
§52.1628   Interstate pollutant transport and regional haze provisions; what are the FIP requirements for San Juan Generating Station emissions affecting visibility?
§52.1629   Visibility protection.
§§52.1630-52.1633   [Reserved]
§52.1634   Significant deterioration of air quality.
§52.1635   Rules and regulations.
§52.1636   [Reserved]
§52.1637   Particulate Matter (PM10) Group II SIP commitments.
§52.1638   Bernalillo County particulate matter (PM10) Group II SIP commitments.
§52.1639   Prevention of air pollution emergency episodes.
§52.1640   Original identification of plan section.

Subpart HH—New York

§52.1670   Identification of plan.
§52.1671   Classification of regions.
§52.1672   Extensions.
§52.1673   Approval status.
§52.1674   Requirements for state implementation plan revisions relating to new motor vehicles.
§52.1675   Control strategy and regulations: Sulfur oxides.
§52.1676   Control strategy: Nitrogen dioxide.
§52.1677   Compliance schedules.
§52.1678   Control strategy and regulations: Particulate matter.
§52.1679   Determinations of attainment.
§52.1680   Control strategy: Monitoring and reporting.
§52.1681   Control strategy: Lead.
§52.1682   Control strategy: Carbon monoxide.
§52.1683   Control strategy: Ozone.
§52.1684   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1685   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§52.1686   Federal Implementation Plan for Regional Haze.
§§52.1687-52.1688   [Reserved]
§52.1689   Original Identification of plan section.
§52.1690   Small business technical and environmental compliance assistance program.

Subpart II—North Carolina

§52.1770   Identification of plan.
§52.1771   Classification of regions.
§52.1772   Approval status.
§52.1773   Conditional approval.
§52.1774   [Reserved]
§52.1775   Rules and regulations.
§52.1776   Visibility protection.
§52.1777   [Reserved]
§52.1778   Significant deterioration of air quality.
§52.1779   Control strategy: Ozone.
§52.1780   [Reserved]
§52.1781   Control strategy: Sulfur oxides and particulate matter.
§52.1783   Original identification of plan section.
§52.1784   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1785   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

Subpart JJ—North Dakota

§52.1820   Identification of plan.
§52.1821   Classification of regions.
§52.1822   Approval status.
§52.1823   [Reserved]
§52.1824   Review of new sources and modifications.
§52.1825   Federal implementation plan for regional haze.
§§52.1826-52.1828   [Reserved]
§52.1829   Prevention of significant deterioration of air quality.
§52.1831   Visibility protection.
§52.1832   Stack height regulations.
§52.1833   Section 110(a)(2) infrastructure requirements.
§52.1834   Minor source permit to operate program.
§52.1835   Change to approved plan.
§52.1836   Change to approved plan.

Subpart JJ—North Dakota

§52.1837   Original identification of plan section.

Subpart KK—Ohio

§52.1870   Identification of plan.
§52.1871   Classification of regions.
§52.1872   [Reserved]
§52.1873   Approval status.
§52.1874   [Reserved]
§52.1875   Attainment dates for achieving the sulfur dioxide secondary standard.
§52.1876   Control strategy: Nitrogen dioxide.
§52.1877   Control strategy: Photochemical oxidants (hydrocarbons).
§52.1878   [Reserved]
§52.1879   Review of new sources and modifications.
§52.1880   Control strategy: Particulate matter.
§52.1881   Control strategy: Sulfur oxides (sulfur dioxide).
§52.1882   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1883   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§52.1884   Significant deterioration of air quality.
§52.1885   Control strategy: Ozone.
§52.1886   Visibility protection.
§52.1887   Control strategy: Carbon monoxide.
§52.1888   Operating permits.
§52.1889   Small business stationary source technical and environmental compliance assistance program.
§52.1890   Removed control measures.
§52.1891   Section 110(a)(2) infrastructure requirements.
§52.1892   Determination of attainment.
§52.1893   XXX
§52.1919   Identification of plan-conditional approval.

Subpart LL—Oklahoma

§52.1920   Identification of plan.
§52.1921   Classification of regions.
§52.1922   Approval status.
§52.1923   Best Available Retrofit Requirements (BART) for SO2 and Interstate pollutant transport provisions; What are the FIP requirements for Units 4 and 5 of the Oklahoma Gas and Electric Muskogee plant; and Units 1 and 2 of the Oklahoma Gas and Electric Sooner plant affecting visibility?
§§52.1924-52.1927   [Reserved]
§52.1928   Visibility protection.
§52.1929   Significant deterioration of air quality.
§52.1930   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.1931   Petroleum storage tank controls.
§§52.1932-52.1933   [Reserved]
§52.1934   Prevention of air pollution emergency episodes.
§52.1935   Small business assistance program.
§52.1960   Original Identification of plan section.

Subpart MM—Oregon

§52.1970   Identification of plan.
§52.1971   Classification of regions.
§52.1972   Approval status.
§52.1973   Approval of plans.
§52.1974   Original identification of plan section.
§§52.1975-52.1976   [Reserved]
§52.1977   Content of approved State submitted implementation plan.
§§52.1978-52.1981   [Reserved]
§52.1982   Control strategy: Ozone.
§§52.1983-52.1986   [Reserved]
§52.1987   Significant deterioration of air quality.
§52.1988   Air contaminant discharge permits.
§52.1989   Interstate Transport for the 1997 8-hour ozone NAAQS and 1997 PM2.5 NAAQS.
§52.1990   Interstate Transport for the 2006 24-hour PM2.5 NAAQS.
§52.1991   Section 110(a)(2) infrastructure requirements.
§§52.1992-52.2019   [Reserved]

Subpart U—Maine

§52.1019   Identification of plan—conditional approval.

(a) 1997 PM2.5 NAAQS: The SIP submitted September 10, 2008, with a supplement submitted on June 1, 2011, is conditionally approved for Clean Air Act (CAA) elements 110(a)(2)(A), (C) only as it relates to the PSD program, (D)(i)(II) only as it relates to the PSD program, (D)(ii), (E)(ii), and (J) only as it relates to the PSD program. This conditional approval is contingent upon Maine taking actions to meet requirements of these elements within one year of conditional approval, as committed to in letters from the state to EPA Region 1 dated June 13, 2012, and June 30, 2012.

(b) 2006 PM2.5 NAAQS: The SIP submitted July 27, 2009, with a supplement submitted on June 1, 2011, is conditionally approved for CAA elements 110(a)(2)(A), (C) only as it relates to the PSD program, (D)(i)(II) only as it relates to the PSD program, (D)(ii), (E)(ii), and (J) only as it relates to the PSD program. This conditional approval is contingent upon Maine taking actions to meet requirements of these elements within one year of conditional approval, as committed to in letters from the state to EPA Region 1 dated June 13, 2012, and June 30, 2012.

[77 FR 63232, Oct. 16, 2012]

§52.1020   Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State Implementation Plan for Maine under section 110 of the Clean Air Act, 42 U.S.C. 7410 and 40 CFR part 51 to meet national ambient air quality standards or other requirements under the Clean Air Act.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to September 1, 2008, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as submitted by the state to EPA, and notice of any change in the material will be published in the Federal Register. Entries for paragraphs (c) and (d) of this section with EPA approval dates after September 1, 2008, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 1 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the State Implementation Plan as of September 1, 2008.

(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, New England Regional Office, 5 Post Office Square—Suite 100, Boston, MA 02109-3912; Air and Radiation Docket and Information Center, EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460; and the National Archives and Records Administration (NARA). If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number (202) 566-1742. For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA approved regulations.

EPA-Approved Maine Regulations

State citationTitle/SubjectState
effective date
EPA Approval Date
EPA approval date
and citation1
Explanations
Chapter 1Regulations for the Processing of Applications05/20/198503/23/1993, 58 FR 15422Portions of Chapter 1. EPA did not approve the following sections of Chapter One: Section 1(A) through 1(Q), and 1(U) through 1(EE); Section 2; Section 4 (C) and (D); last sentence of Section 5(B); last sentence of Section 6(B); Section 6(D); Section 7(B)(1), (B)(2), and (B)(4) through (B)(11); Section 8(A), and 8(E) through 8(L); Sections 9, 10 and 11; Section 13; and Sections 15 and 16.
Chapter 100Definitions12/01/200511/21/2007, 72 FR 65462
Chapter 101Visible Emissions10/10/197902/17/1982, 47 FR 6829
Chapter 102Open Burning03/17/200502/21/2008, 73 FR 9459
Chapter 103Fuel Burning Equipment Particular Emission Standard01/24/198302/26/1985, 50 FR 7770
Chapter 104Incinerator Particulate Emission Standard01/31/197205/31/1972, 37 FR 10842
Chapter 105General Process Source Particulate Emission Standard01/31/197205/31/1972, 37 FR 10842
Chapter 106Low Sulfur Fuel Regulations02/08/197801/08/1982, 47 FR 947
Chapter 107Sulfur Dioxide Emission Standards for Sulfate Pulp Mills01/31/197205/31/1972, 37 FR 10842
Chapter 109Emergency Episode Regulation08/14/199101/12/1995, 60 FR 2885
Chapter 110Ambient Air Quality Standards8/6/20126/24/14, 79 FR 35698
Chapter 111Petroleum Liquid Storage Vapor Control09/27/198902/03/1992, 57 FR 3946
Chapter 112Gasoline Bulk Terminals07/19/199510/15/1996, 61 FR 53636
Chapter 113Growth Offset Regulation06/22/199402/14/1996, 61 FR 5690
Chapter 114Classification of Air Quality Control Regions8/29/20126/24/14, 79 FR 35698
Chapter 115Emission License Regulation06/22/199402/14/1996, 61 FR 5690
Chapter 116Prohibited Dispersion Techniques10/25/198903/23/1993, 58 FR 15422
Chapter 117Source Surveillance08/09/198803/21/1989, 54 FR 11524
Chapter 118Gasoline Dispensing Facilities07/19/199510/15/1996, 61 FR 53636
Chapter 119Motor Vehicle Fuel Volatility Limit06/01/200003/06/2002, 67 FR 10099Controls fuel volatility in the state. 7.8 psi RVP fuel required in 7 southern counties.
Chapter 120Gasoline Tank Trucks06/22/199406/29/1995, 60 FR 33730
Chapter 123Control of Volatile Organic Compounds from Paper, Film, and Foil Coating Operations05/18/201005/22/2012, 77 FR 30216.
Chapter 126Capture Efficiency Test Procedures05/22/199103/22/1993, 58 FR 15281
Chapter 126 Appendix ACapture Efficiency Test Procedures05/22/199103/22/1993, 58 FR 15281Appendix.
Chapter 127 and Appendix ANew Motor Vehicle Emission Standards12/31/200004/28/2005, 70 FR 21959Including Appendix A. Low emission vehicle program, with no ZEV requirements. Program achieves 90% of full LEV benefits. Chapter 127 Basis Statement included in the nonregulatory material.
Chapter 129Surface Coating Facilities04/16/201105/22/2012, 77 FR 30216.
Chapter 129 Appendix ASurface Coating Facilities01/06/199306/17/1994, 59 FR 31154Appendix.
Chapter 130Solvent Cleaners06/17/200405/26/2005, 70 FR 30367
Chapter 131Cutback Asphalt and Emulsified Asphalt09/15/200905/22/2012, 77 FR 30216.
Chapter 132Graphic Arts: Rotogravure and Flexography01/06/199306/17/1994, 59 FR 31154
Chapter 132 Appendix AGraphic Arts: Rotogravure and Flexography01/06/199306/17/1994, 59 FR 31154Appendix.
Chapter 133Gasoline Bulk Plants06/22/199406/29/1995, 60 FR 33730
Chapter 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds02/08/199504/18/2000, 65 FR 20749Regulations fully approved for the following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox, Lincoln, Hancock, Waldo, Aroostock, Franklin, Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties.
Chapter 137Emission Statements07/06/200411/21/2007, 72 FR 65462Revised to incorporate changes required by EPA's consolidated emissions reporting rule. The entire rule is approved with the exception of HAP and greenhouse gas reporting requirements which were not included in the State's SIP revision request.
Chapter 138Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides08/03/199409/09/2002, 67 FR 57148Affects sources in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties.
Chapter 139Transportation Conformity09/19/200702/08/2008, 73 FR 7465
Chapter 141Conformity of General Federal Actions04/19/200702/20/2008, 73 FR 9203
Chapter 145NOX Control Program06/21/200103/10/2005, 70 FR 11879
Chapter 148Emissions from Smaller-Scale Electric Generating Resources07/15/200405/26/2005, 70 FR 30373
Chapter 150Control of Emissions from Outdoor Wood Boilers4/11/20104/24/2012, 77 FR 24385
Chapter 151Architectural and Industrial Maintenance (AIM) Coatings10/06/200503/17/2006, 71 FR 13767
Chapter 152Control of Volatile Organic Compounds from Consumer Products12/15/200705/22/2012, 77 FR 30216.
Chapter 153Mobile Equipment Repair and Refinishing02/05/200405/26/2005, 70 FR 30367
Chapter 155Portable Fuel Container Spillage Control07/14/200402/07/2005, 70 FR 6352With the exception of the word “or” in Subsection 7C which Maine did not submit as part of the SIP revision.
Chapter 161Graphic Arts—Offset Lithography and Letterpress Printing04/06/201005/22/2012, 77 FR 30216.
Vehicle I/MVehicle Inspection and Maintenance07/09/199801/10/2001, 66 FR 1871“Maine Motor Vehicle Inspection Manual,” revised in 1998, pages 1-12 through 1-14, and page 2-14, D.1.g.
Vehicle I/MVehicle Inspection and Maintenance07/09/199801/10/2001, 66 FR 1871Maine Motor Vehicle Inspection and Maintenance authorizing legislation effective July 9, 1998 and entitled L.D. 2223, “An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act.”
38 MRSA §603-A sub §2(A)“An Act To Improve Maine's Air Quality and Reduce Regional Haze at Acadia National Park and Other Federally Designated Class I Areas”9/12/20094/24/2012, 77 FR 24385Only approving Sec. 1. 38 MRSA §603-A, sub-§2, (2) Prohibitions.

1In order to determing the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.

(d) EPA-approved State Source specific requirements.

EPA-Approved Maine Source Specific Requirements

Name of source Permit number State
effective date
EPA approval date2 Explanations
Central Maine Power, W.F. Wyman Station, Cousins Island, Yarmouth, MaineDepartment Finding of Fact and Order Air Emission License01/01/197701/08/1982, 47 FR 947
Lincoln Pulp and Paper Company, Kraft Pulp Mill, (Lincoln, Maine)Air Emission License Renewal; and New License for No. 6 Boiler03/09/198305/01/1985, 50 FR 18483
JJ Nissen Baking Company, Cumberland County, Portland MaineAir Emission License A-440-74-C-A02/27/199704/18/2000, 65 FR 20749VOC RACT Determination issued by Maine Department of Environmental Protection (ME DEP) on February 25, 1997.
Prime Tanning Company, York County, Berwick, MaineAir Emission License Amendment #5 A-376-72-E-A03/23/199704/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on July 23, 1997.
Prime Tanning Company, York County, Berwick, MaineAir Emission License Amendment #6 A-376-72-F-M10/28/199704/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on October 27, 1997.
Portsmouth Naval Shipyard, York County, Kittery, MaineAir Emission License Amendment #4 A-452-71-F-M07/25/199704/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on July 25, 1997.
Dexter Shoe Company, Penobscot County, Dexter, MaineAir Emission License A-175-72-H-A/R12/05/199604/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 5, 1996.
Dexter Shoe Company, Penobscot County, Dexter, MaineAir Emission License Amendment #1 A-175-71-I-M10/22/199704/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on October 20, 1997.
Pioneer Plastics Corporation, Androscoggin County, Auburn, MaineAir Emission License Amendment #3 A-448-71-P-A06/16/199704/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on June 16, 1997.
Georgia Pacific Corporation, Washington County, Woodland, MaineAir Emission License Minor Revision/ Amendment #10 A-215-71-T-M01/05/199604/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on January 4, 1996.
Champion International Corporation, Hancock County, Bucksport, MaineAir Emission License Amendment #5 A-22-71-K-A01/19/199604/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on January 18, 1996.
International Paper Company, Franklin County, Jay, MaineAir Emission License Amendment #8 A-203-71-R-A10/04/199504/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on October 4, 1995.
International Paper Company, Franklin County, Jay, MaineAir Emission License Amendment #9 A-203-71-S-M12/13/199504/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 13, 1995.
James River Corporation, Penobscot County, Old Town, MaineAir Emission License Minor Revision/ Amendment #6 A-180-71-R-M12/11/199504/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 8, 1995.
Lincoln Pulp and Paper Company, Penobscot County, Lincoln, MaineAir Emission License Amendment #8 A-177-71-J-M12/19/199504/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 18, 1995.
S.D. Warren Paper Company, Cumberland County, Westbrook, MaineAir Emission License Minor Revision/ Amendment #14 A-29-71-Z-M12/19/199504/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 18, 1995.
S.D. Warren Paper Company, Somerset County, Skowhegan, MaineAir Emission License Amendment #14 A-19-71-W-M10/04/199504/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on October 4, 1995.
S.D. Warren Paper Company, Somerset County, Skowhegan, MaineAir Emission License Amendment #15 A-19-71-Y-M01/10/199604/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on January 9, 1996.
Boise Cascade Corporation, Oxford County, Rumford, MaineAir Emission License Amendment #11 A-214-71-X-A12/21/199504/18/2000, 65 FR 20749VOC RACT Determination issued by ME DEP on December 20, 1995.
Bath Iron Works Corporation, Sagadahoc County, Bath, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #10 A-333-71-M-M04/11/200105/20/2002, 67 FR 35439VOC RACT determination for Bath Iron Works.
United Technologies Pratt & Whitney, York County, North Berwick, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #6 A-453-71-N-M04/26/200105/20/2002, 67 FR 35439VOC RACT determination for Pratt & Whitney.
United Technologies Pratt & Whitney, York County, North Berwick, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #7 A-453-71-O-M07/02/200105/20/2002, 67 FR 35439VOC RACT determination for Pratt & Whitney.
Moosehead Manufacturing Company, Piscataquis County, Dover-Foxcroft, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-338-71-F-M05/10/200105/20/2002, 67 FR 35439VOC RACT determination for Moosehead Manufacturing's Dover-Foxcroft plant.
Moosehead Manufacturing Company, Piscataquis County, Monson, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-339-71-F-M05/10/200105/20/2002, 67 FR 35439VOC RACT determination for Moosehead Manufacturing's Monson plant.
Central Maine Power Company, W.F. Wyman Station, Cumberland County, Yarmouth, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #1 A-388-71-C-A05/18/199509/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-388-71-C-A, Amendment #1, condition (q) for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station.
Central Maine Power Company, W.F. Wyman Station, Cumberland County, Yarmouth, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #1 A-388-71-D-M02/16/199609/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-388-71-D-M, amendment #1, conditions 19 and 23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station.
Tree Free Fiber Company, LLC, Kennebec County, Augusta, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #1 A-195-71-G-M06/12/199609/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-195-71-G-M, Amendment #1, for Tree Free Fiber Company, LLC, (formerly Statler Industries Inc.).
Tree Free Fiber Company, LLC, Kennebec County, Augusta, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #1 A-195-71-D-A/R06/16/199509/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-195-71-D-A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and conditions 12(A), 12(C), (13), (14) and (15) for Tree Free Fiber Company, LLC, (formerly Statler Industries Inc.).
Pioneer Plastics Corporation, Androscoggin County, Auburn, MaineDepartmental Finding of Fact and Order Air Emission License A-448-72-K-A/R08/23/199509/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-448-72-K-A/R, paragraphs (II)(D)(2), (II)(D)(3) and conditions (13)(f) and 14(k) for Pioneer Plastics Corporation.
Pioneer Plastics Corporation, Androscoggin County, Auburn, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-448-71-O-M03/10/199709/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-448-71-O-M, Amendment #2, condition (14)(k), for Pioneer Plastics Corporation.
Scott Paper Company, Kennebec County, Winslow, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-188-72-E-A11/15/199509/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-188-72-E-A, Amendment #2, conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott Paper Company.
The Chinet Company, Kennebec County, Waterville, MaineDepartmental Finding of Fact and Order Air Emission License A-416-72-B-A01/18/199609/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-416-72-B-A, conditions (l) 1, 2, 3a, 3b, 3c, 3e, and (m) for The Chinet Company.
FMC Corporation-Food Ingredients Division, Knox County, Rockland, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #5 A-366-72-H-A02/07/199609/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-366-72-H-A, Amendment #5, conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation-Food Ingredients Division.
Dragon Products Company, Inc., Knox County, Thomaston, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #5 A-326-72-N-A06/05/199609/09/2002, 67 FR 57148Case-specific NOX RACT.
Dragon Products Company, Inc., Knox County, Thomaston, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #7 A-326-71-P-M03/05/199709/09/2002, 67 FR 57148Case-specific NOX RACT.
S.D. Warren Paper Company, Cumberland County, Westbrook, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #13 A-29-71-Y-A06/12/199609/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-29-71-Y-A, Amendment #13, conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company.
Mid-Maine Waste Action Corporation, Androscoggin County, Auburn, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-378-72-E-A10/16/199609/09/2002, 67 FR 57148Case-specific NOX RACT.
Portsmouth Naval Shipyard, York County, Kittery, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #2 A-452-71-D-A10/21/199609/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-452-71-D-A, Amendment #2, conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20 for Portsmouth Naval Shipyard.
Portsmouth Naval Shipyard, York County, Kittery, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #4 A-452-71-F-M07/25/199709/09/2002, 67 FR 57148Case-specific NOX RACT. Air emission license A-452-71-F-M, Amendment #4, condition 4 for Portsmouth Naval Shipyard.
Maine Energy Recovery Company, York County, Biddeford, MaineDepartmental Finding of Fact and Order Air Emission License Amendment #4 A-46-71-L-A11/12/199609/09/2002, 67 FR 57148Case-specific NOX RACT.
Katahdin Paper CompanyA-406-77-3-M7/8/20094/24/2012, 77 FR 24385Approving license conditions (16) A, B, G, and H.
Rumford Paper CompanyA-214-77-9-M1/8/20104/24/2012, 77 FR 24385
Verso Bucksport, LLCA-22-77-5-M11/2/20104/24/2012, 77 FR 24385
Woodland Pulp, LLCA-214-77-2-M11/2/20104/24/2012, 77 FR 24385
FPL Energy Wyman, LLC & Wyman IV, LLCA-388-77-2-M11/2/20104/24/2012, 77 FR 24385
S. D. Warren CompanyA-19-77-5-M11/2/20104/24/2012, 77 FR 24385
Verso Androscoggin, LLCA-203-77-11-M11/2/20104/24/2012, 77 FR 24385
Red Shield Environmental, LLCA-180-77-1-A11/29/20074/24/2012, 77 FR 24385
McCain Foods USA, Inc., Tatermeal FacilityAmendment #2 of Air Emission License A-459-72-B-R03/19/200305/22/2012, 77 FR 30216.

2In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.

(e) Nonregulatory.

Maine Non Regulatory

Name of non regulatory SIP provision Applicable
geographic or nonattainment area
State submittal date/effective date EPA approved date3 Explanations
Impact of Projected Growth for Next 10 Years on Air Quality for Maine Standard Metropolitan Statistical AreasMaine's Standard Metropolitan Statistical Areas06/26/197404/29/1975, 40 FR 18726
Incinerator Emission Standard—Regulation Implementation Plan Change, Findings of Fact and OrderMaine05/21/197504/10/1978, 43 FR 14964Revision to incinerator particulate emission standard which would exempt wood waste cone burners from the plan until 1980.
Incinerator Emission Standard—Regulation and Implementation Plan Change, Findings of Fact and OrderMaine09/24/197504/10/1978, 43 FR 14964Revision to incinerator particulate emission standard which would exempt municipal waste cone burners from the plan until 1980.
Air Quality SurveillanceMaine03/10/197803/23/1979, 44 FR 17674Revision to Chapter 5 of the SIP.
New Sources and ModificationsMaine03/10/197803/23/1979, 44 FR 17674Revision to Chapter 6 of the SIP.
Review of New Sources and ModificationsMaine12/19/197901/30/1980, 45 FR 6784Revision to Chapter 6 of the SIP.
Revisions to State Air Implementation Plan as Required by the Federal Clean Air ActMaine03/28/197902/19/1980, 45 FR 10766Includes Control Strategies for Particulates, Carbon Monoxide, and ozone.
Plan for Public Involvement in Federally Funded Air Pollution Control ActivitiesMaine05/28/198009/09/1980, 45 FR 59314A plan to provide for public involvement in federally funded air pollution control activities.
Air Quality SurveillanceMaine07/01/198001/22/1981, 46 FR 6941Revision to Chapter 5 of the SIP.
Attain and Maintain the NAAQS for LeadMaine11/05/198008/27/1981, 46 FR 43151Control Strategy for Lead. Revision to Chapter 2.5.
Establishment of Air Quality Control Sub-RegionMetropolitan Portland Air Quality Control Region10/30/197501/08/1982, 47 FR 947Department Findings of Fact and Order—Sulfur Dioxide Control Strategy.
Sulfur Dioxide Control Strategy—Low Sulfur Fuel RegulationPortland-Peninsula Air Quality Control Region10/30/197501/08/1982, 47 FR 947Department Findings of Fact and Order—Implementation Plan Revision.
Letter from the Maine DEP documenting the December 1990 survey conducted to satisfy the 5 percent demonstration requirement in order to justify the 3500 gallon capacity cut-off in Chapter 112Maine06/03/199102/03/1992, 57 FR 3046.
Withdrawal of Air Emission Licenses for: Pioneer Plastics; Eastern Fine Paper; and S.D. Warren, WestbrookMaine10/03/199002/03/1992, 57 FR 3046Department of Environmental Protection Letter dated December 5, 1989, withdrawing three source-specific licenses as of October 3, 1990.
Portions of Chapter 1 entitled “Regulations for the Processing of Applications”Maine02/08/198403/23/1993, 58 FR 15422.
Review of New Sources and ModificationsMaine11/06/198903/23/1993, 58 FR 15422Revision to Chapter 6 of the SIP.
Letter from the Maine DEP regarding implementation of BACTMaine05/01/198903/23/1993, 58 FR 15422.
Review of New Sources and ModificationsMaine11/02/199003/18/1994, 59 FR 12853Revision to Chapter 6 of the SIP.
Joint Memorandum of Understanding (MOU) Among: City of Presque Isle; ME DOT and ME DEPCity of Presque Isle, Maine03/11/199101/12/1995, 60 FR 2885Part B of the MOU which the Maine Department of Environmental Protection (ME DEP) entered into with the City of Presque Isle, and the Maine Department of Transportation (ME DOT).
Maine State Implementation Plan to Attain the NAAQS for Particulate Matter (PM10) Presque Isle MaineCity of Presque Isle, Maine08/14/199101/12/1995, 60 FR 2885An attainment plan and demonstration which outlines Maine's control strategy for attainment of the PM10 NAAQS and implement RACM and RACT requirements for Presque Isle.
Memorandum of Understanding among: City of Presque Isle; ME DOT and ME DEPCity of Presque Isle, Maine05/25/199408/30/1995, 60 FR 45056Revisions to Part B of the MOU which the ME DEP entered into (and effective) on May 25, 1994, with the City of Presque Isle, and the ME DOT.
Maintenance Demonstration and Contingency Plan for Presque IsleCity of Presque Isle, Maine04/27/199408/30/1995, 60 FR 45056A maintenance demonstration and contingency plan which outline Main's control strategy maintenance of the PM10 NAAQS and contingency measures and provision for Presque Isle.
Letter from the Maine DEP dated July 7, 1994, submitting Small Business Technical Assistance ProgramMaine07/07/199409/12/1995, 60 FR 47285Letter from the Maine Department of Environmental Protection submitting a revision to the Maine SIP.
Revisions to the SIP for the Small Business Stationary Source Technical and Environmental Compliance Assistance ProgramMaine Statewide05/12/199409/12/1995, 60 FR 47285Revisions to the SIP for the Small Business Stationary Source Technical and Environmental Compliance Assistance Program Dated July 12, 1994 and effective on May 11, 1994.
Corrected page number 124 of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program SIPMaine08/16/199409/12/1995, 60 FR 47285Letter from ME DEP dated August 16, 1994 submitting a corrected page to the July 12, 1994 SIP revision.
Negative Declaration for Synthetic Organic Chemical Manufacturing Industry Distillation and Reactors Control Technique Guideline CategoriesMaine Statewide11/15/199404/18/2000, 65 FR 20749Letter from ME DEP dated November 15, 1994 stating a negative declaration for the Synthetic Organic Chemical Manufacturing Industry Distillation and Reactors Control Technique Guideline Categories.
Letter from the Maine Department of Environmental Protection regarding Control of Motor Vehicle Pollution (Inspection and Maintenance Program)Greater Portland Metropolitan Statistical Area11/19/199801/10/2001, 66 FR 1875Letter from the Maine Department of Environmental Protection dated November 19, 1998 submitting a revision to the Maine SIP.
State of Maine Implementation Plan for Inspection/Maintenance dated November 11, 1998Greater Portland Metropolitan Statistical Area11/11/199801/10/2001, 66 FR 1875Maine Motor Vehicle Inspection and Maintenance Program.
Letter from the Maine DEP submitting additional technical support and an enforcement plan for Chapter 119 as an amendment to the SIPSouthern Maine05/29/200103/06/2002, 67 FR 10099Letter from the Maine Department of Environmental Protection dated May 29, 2001 submitting additional technical support and an enforcement plan for Chapter 119 as an amendment to the State Implementation Plan.
Application for a Waiver of Federally-Preempted Gasoline StandardsSouthern Maine05/25/200103/06/2002, 67 FR 10099Additional technical support.
Letter from the Maine DEP dated July 1, 1997, submitting case-specific NOX RACT determinationsMaine07/01/199709/09/2002, 67 FR 57148Letter from the Maine Department of Environmental Protection submitting a revision to the Maine SIP.
Letter from the Maine DEP dated October 9, 1997, submitting case-specific NOX RACT determinationsMaine10/09/199709/09/2002, 67 FR 57148Letter from the Maine Department of Environmental Protection submitting a revision to the Maine SIP.
Letter from the Maine DEP dated August 14, 1998, submitting case-specific NOX RACT determinationsMaine08/14/199809/09/2002, 67 FR 57148Letter from the Maine Department of Environmental Protection submitting a revision to the Maine SIP.
Chapter 127 Basis StatementMaine12/31/200004/28/2005, 70 FR 21959.
Correspondence from Maine DEP indicating which portions of Chapter 137 should not be incorporated into the State's SIPMaine06/06/200611/21/2007, 72 FR 65462Correspondence from David W. Wright of the Maine DEP indicating which portions of Chapter 137 Emission Statements should not be incorporated into the State's SIP.
State of Maine MAPA 1 form for Chapter 139 Transportation ConformityMaine nonattainment areas, and attainment areas with a maintenance plan09/10/200702/08/2008, 73 FR 7465Certification that the Attorney General approved the Rule as to form and legality.
Amendment to Chapter 141 Conformity of General Federal ActionsMaine nonattainment areas, and attainment areas with a maintenance plan04/19/200702/20/2008, 73 FR 9203Maine Department of Environmental Protection amended its incorporation-by-reference within Chapter 141.2 to reflect EPA's revision to the Federal General Conformity Rule for fine particulate matter promulgated on July 17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and 40 CFR 51.853 Applicability.
State of Maine MAPA 1 form for Chapter 102 Open Burning RegulationMaine01/03/200302/21/2008, 73 FR 9459Certification that the Attorney General approved the Rule as to form and legality.
Submittal to meet Clean Air Act Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality StandardState of MaineJanuary 3, 2008July 8, 2011
76 FR 40258
This action addresses the following Clean Air Act requirements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
Maine Regional Haze SIP and its supplementsStatewide12/9/2010 supplements submitted 9/14/2011 11/9/20114/24/2012, 77 FR 24385
Reasonably Available Control Technology Demonstration (RACT) for the 1997 8-hour Ozone National Ambient Air Quality StandardStatewideSubmitted 08/27/200905/22/2012, 77 FR 30216.
Submittal to meet Section 110(a)(2) Infrastructure Requirements for the 1997 PM2.5 NAAQSStatewide9/10/2008; supplement submitted 6/1/201110/16/2012, 77 FR 63228This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2) (B), (C) (enforcement program only), (D)(i)(I), (D)(i)(II) (visibility only), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation and public notification only), (K), (L), and (M).
Submittal to meet Section 110(a)(2) Infrastructure Requirements for the 2006 PM2.5 NAAQSStatewide7/27/2009; supplement submitted 6/1/201110/16/2012, 77 FR 63228This submittal is approved with respect to the following CAA elements or portions thereof: 110(a)(2) (B), (C) (enforcement program only), (D)(i)(I), (D)(i)(II) (visibility only), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation and public notification only), (K), (L), and (M).

3In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision.

[73 FR 56973, Oct. 1, 2008, as amended at 76 FR 40257, July 8, 2011; 76 FR 49671, Aug. 11, 2011; 77 FR 24390, Apr. 24, 2012; 77 FR 30217, May 22, 2012; 77 FR 63232, Oct. 16, 2012; 79 FR 35698, June 24, 2014]

§52.1021   Classification of regions.

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

Air quality control regionPollutant
Particulate matterSulfur oxidesNitrogen dioxideCarbon monoxideOzone
Metropolitan Portland IntrastateIIIIIIIIIIII
Androscoggin Valley InterstateIAIAIIIIIIIII
Down East IntrastateIAIAIIIIIIIII
Aroostook IntrastateIIIIIIIIIIIIIII
Northwest Maine IntrastateIIIIIIIIIIIIIII

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

§52.1022   Approval status.

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

(b)(1) Insofar as the Prevention of Significant Deterioration (PSD) provisions found in this subpart apply to stationary sources of greenhouse gas (GHGs) emissions, the Administrator approves that application only to the extent that GHGs are “subject to regulation”, as provided in this paragraph (b), and the Administrator takes no action on that application to the extent that GHGs are not “subject to regulation.”

(2) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

(i) The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO2e or more; or

(ii) The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e or more; and,

(3) Beginning July 1, 2011, in addition to the provisions in paragraph (b)(2) of this section, the pollutant GHGs shall also be subject to regulation:

(i) At a new stationary source that will emit or have the potential to emit 100,000 tpy CO2e; or

(ii) At an existing stationary source that emits or has the potential to emit 100,000 tpy CO2e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO2e or more.

(4) For purposes of this paragraph (b)—

(i) The term greenhouse gas shall mean the air pollutant defined in 40 CFR 86.1818-12(a) as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

(ii) The term tpy CO2 equivalent emissions (CO2e) shall represent an amount of GHGs emitted, and shall be computed as follows:

(A) Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to subpart A of 40 CFR part 98—Global Warming Potentials.

(B) Sum the resultant value from paragraph (b)(4)(ii)(A) of this section for each gas to compute a tpy CO2e.

(iii) the term emissions increase shall mean that both a significant emissions increase (as calculated using the procedures in 06-096 1. of Chapter 100 of Maine's Bureau of Air Quality Control regulations) and a significant net emissions increase (as defined in 06-096, paragraphs 89 and 144 A of Chapter 100 of Maine's Bureau of Air Quality Control regulations) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and “significant” is defined as 75,000 tpy CO2e instead of applying the value in 06-096, paragraphs 143 and 144 D of Chapter 100 of Maine's Bureau of Air Quality Control regulations.

[75 FR 82555, Dec. 30, 2010]

§52.1023   Control strategy: Ozone.

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

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

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

(d) Approval. EPA is approving an exemption request from the NOX requirements contained in Section 182(f) of the Clean Air Act for northern Maine. The exemption request was submitted by the Maine Department of Environmental Protection on March 24, 2005, and supplemented on April 19 and June 28, 2005. This approval exempts major sources of nitrogen oxides in Aroostook, Franklin, Oxford, Penobscot, Piscataquis, Somerset, Washington, and portions of Hancock and Waldo Counties from the requirements to implement controls meeting reasonably available control technology under the Clean Air Act, and nonattainment area new source review (NSR) for new sources and modifications. In Waldo County, this area includes only the following towns: Belfast, Belmont, Brooks, Burnham, Frankfort, Freedom, Jackson, Knox, Liberty, Lincolnville, Monroe, Montville, Morrill, Northport, Palermo, Prospect, Searsmont, Searsport, Stockton Springs, Swanville, Thorndike, Troy, Unity, Waldo, and Winterport. In Hancock County, this area includes only the following towns and townships: Amherst, Aurora, Bucksport, Castine, Dedham, Eastbrook, Ellsworth, Franklin, Great Pond, Mariaville, Orland, Osborn, Otis, Penobscot, Verona, Waltham, Oqiton Township (T4 ND), T3 ND, T39 MD, T40 MD, T41 MD, T32 MD, T34 MD, T35 MD, T28 MD, T22 MD, T16 MD, T8 SD, T9 SD, T10 SD, and T7 SD.

(e) Approval. EPA is approving a revision to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 9 and 13, 2005. The revision is for purposes of satisfying the rate of progress requirements of section 182(b)(1) of the Clean Air Act for the Portland Maine one-hour ozone nonattainment area.

(f) Approval. EPA is approving a revision to the State Implementation Plan submitted by the Maine Department of Environmental Protection on June 9, 13, and 14, 2005. The revision is for purposes of satisfying the 5 percent increment of progress requirement of 40 CFR 51.905(a)(1)(ii)(B) for the Portland Maine eight-hour ozone nonattainment area. The revision establishes motor vehicle emissions budgets for 2007 of 20.115 tons per summer day (tpsd) of volatile organic compound (VOC) and 39.893 tpsd of nitrogen oxide (NOX) to be used in transportation conformity in the Portland Maine 8-hour ozone nonattainment area.

(g) Approval. EPA is approving a redesignation request for the Portland, Maine 8-hour ozone nonattainment area. Maine submitted this request on August 3, 2006. The request contains the required Clean Air Act Section 175A maintenance plan. The plan establishes motor vehicle emissions budgets for 2016 of 16.659 tons per summer day (tpsd) of volatile organic compound and 32.837 tpsd of nitrogen oxide (NOX) to be used in transportation conformity determinations in the Portland area.

(h) Approval. EPA is approving a redesignation request for the Hancock, Knox, Lincoln and Waldo Counties, Maine 8-hour ozone nonattainment area. Maine submitted this request on August 3, 2006. The request contains the required Clean Air Act Section 175A maintenance plan. The plan establishes motor vehicle emissions budgets for 2016 of 3.763 tons per summer day (tpsd) of volatile organic compound and 6.245 tpsd of nitrogen oxide (NOX) to be used in transportation conformity determinations in the Hancock, Knox, Lincoln and Waldo Counties area.

(i) Approval: EPA is approving the 110(a)(1) 8-hour ozone maintenance plans in the four areas of the state required to have a 110(a)(1) maintenance plan for the 8-hour ozone National Ambient Air Quality Standard. These areas are as follows: portions of York and Cumberland Counties; portions of Androscoggin County and all of Kennebec County; portions of Knox and Lincoln Counties; and portions of Hancock and Waldo Counties. These maintenance plans were submitted to EPA on August 3, 2006.

(j) Approval. EPA is approving an exemption request from the nitrogen oxides (NOx) requirements contained in Section 182(f) of the Clean Air Act for the entire state of Maine for purposes of the 2008 ozone National Ambient Air Quality Standard. The exemption request was submitted by the Maine Department of Environmental Protection on October 13, 2012. This approval exempts, for purposes of the 2008 ozone standard, major sources of nitrogen oxides in Maine from:

(1) The requirement to implement controls meeting reasonably available control technology (RACT) for NOX; and

(2) Nonattainment area new source review requirements for major new and modified sources as they apply to emissions of NOX.

[60 FR 29766, June 6, 1995, as amended at 60 FR 66755, Dec. 26, 1995; 71 FR 5794, Feb. 3, 2006; 71 FR 14816, Mar. 24, 2006; 71 FR 71490, Dec. 11, 2006; 73 FR 5101, Jan. 29, 2008; 79 FR 43955, July 29, 2014]

§52.1024   Attainment dates for national standards.

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

Attainment Dates Established by Clean Air Act of 1990

Air quality control region and nonattainment area Pollutant
SO2PM-10NO2COO3
PrimarySecondary
AQCR 107:
Androscoggin County(a)(b)(a)(a)(a)(g)
Kennebec County(a)(b)(a)(a)(a)(g)
Knox County(a)(b)(a)(a)(a)(g)
Lincoln County(a)(b)(a)(a)(a)(g)
Waldo County(a)(b)(a)(a)(a)(d)
Oxford Cnty. (Part) See 40 CFR 81.320(a)(b)(a)(a)(a)(e)
Franklin Cnty. (Part) See 40 CFR 81.320(a)(b)(a)(a)(a)(e)
Somerset Cnty. (Part) See 40 CFR 81.320(a)(b)(a)(a)(a)(e)
AQCR 108:
Aroostook Cnty. (Part) See 40 CFR 81.320(a)(b)(c)(a)(a)(a)
Remainder of AQCR(a)(b)(a)(a)(a)(a)
AQCR 109:
Hancock County(a)(b)(a)(a)(a)(d)
Millinocket(e)(e)(a)(a)(a)(a)
Remainder of AQCR(a)(b)(a)(a)(a)(a)
AQCR 110:
York County(a)(b)(a)(a)(a)(g)
Cumberland County(a)(b)(a)(a)(a)(g)
Sagadahoc County(a)(b)(a)(a)(a)(g)
Oxford Cnty. (Part) See 40 CFR 81.320(a)(b)(a)(a)(a)(e)
AQCR 111(a)(b)(a)(a)(a)(a)

aAir quality levels presently below primary standards or area is unclassifiable.

bAir quality levels presently below secondary standards or area is unclassifiable.

c12/31/94.

d11/15/94 (one-year extension granted).

e11/15/95.

g11/15/96.

[60 FR 33352, June 28, 1995]

§52.1025   Control strategy: Particulate matter.

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

SourceLocationRegulation involvedDate of adoption
All sources subject to Regulation 100.3.1(b) with a maximum heat input from three million up to but not including ten million Btu per hourMaine100.3.1(b)3/29/73

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

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

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

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

§52.1026   Review of new sources and modifications.

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

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

§52.1027   Rules and regulations.

(a) Part D—Conditional Approval.

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

(1) Intergovernmental consultation.

(2) Interstate pollution notification requirements.

(3) Public notification requirements.

(4) Conflict of Interest requirements.

(5) Permit fees.

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

§52.1028   [Reserved]

§52.1029   Significant deterioration of air quality.

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

[45 FR 6786, Jan. 30, 1980]

§52.1030   Control strategy: Sulfur oxides.

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

[47 FR 948, Jan. 8, 1982]

§52.1031   EPA-approved Maine regulations.

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

Table 52.1031—EPA-Approved Rules and Regulations

State citation Title/Subject Date adopted by State Date approved by EPA Federal Register citation 52.1020    
Chapter:
1Regulations for the Processing of Applications.02/08/8403/23/9358 FR 15430(c)(26)Portions of chapter 1.
1005/7/791/3/8045 FR 6784(c)(10)PSD Plan Only.
100Definitions Regulations12/24/792/19/8045 FR 10766(c)(11)
      2/6/80         
100Definitions.10/3/893/23/9358 FR 15430(c)(26)All except for the definition of VOC in chapter 100(76). Note that this definition is approved in another paragraph below. In addition, Maine withdrew the definition of fuel burning equipment in chapter 100(29) from its SIP submittal. This definition is approved in another paragraph below.
   (c)(27)Approval of definition of VOC in chapter 100(76) only.
100Definitions Regulations11/26/916/21/9358 FR 33768(c)(31)Revised “volatile organic compound (VOC)” and “federally enforceable.” Added “particulate matter emissions” and “PM10 emissions.”
100Definitions7/10/903/18/9459 FR 12855(c)(29)Changes to the following definitions: Actual emissions, baseline concentration and fuel burning equipment in Chapter 100(1), (9), and (29).
100Definitions1/6/936/17/9459 FR 31157(c)(33)Revised to add definitions associated with VOC RACT rules.
100Definitions11/10/931/10/9560 FR 2526(c)(34)Revised to add definitions associated with emission statement rules.
100Definitions6/22/946/29/9560 FR 3373436Gasoline marketing definitions added
100Definitions Regulation6/22/942/14/9661 FR 5694(c)(37)Addition of 1990 Part D NSR and other CAAA requirements.
100Definitions7/19/9510/15/9661 FR 53639(c)(42)Definition of “VOC” revised.
100Definitions12/1/200511/21/0772 FR 65462(c)(62)Revised to add definitions associated with SIP submittals made between 7/19/95 and 12/1/05.
101Visible Emissions10/10/792/17/8247 FR 6829(c)(17)
102Open Burning1/31/725/31/7237 FR 10842(b)
102Open Burning3/17/052/21/0873 FR 9459(c)(61)
103Fuel Burning Equipment Particulate Emission Standard1/31/725/31/7237 FR 10842(b)
      1/24/832/26/8550 FR 7770(c)(19)
104Incinerator Particulate Emission Standard1/31/725/31/7237 FR 10842(b)
105General Process Source Particulate Emission Standard1/31/725/31/7237 FR 10842(b)
106Low Sulfur Fuel1/31/725/31/7237 FR 10842(b)
      2/08/781/8/8247 FR 947(c)(15)Revised limits for Portland Peninsula only.
107Sulfur Dioxide Emission Standards for Sulfite Pulp Mills1/31/725/31/7237 FR 10842(b)
109Emergency Episode Regulation1/31/725/31/7237 FR 10842(b)
109Emergency Episode Regulation8/14/911/12/9560 FR 2887(c)(28)Revisions which incorporate the PM10 alert, warning, and emergency levels.
110Ambient Air Quality Standards5/7/791/30/8045 FR 6784(c)(10)
110Ambient Air Quality Standards10/25/893/23/9358 FR 15430(c)(26)All of chapter 110 except for chapter 110(2) which is approved in another paragraph, below. Note that Maine did not submit its Chromium standard in chapter 110(12) for approval.
   (c)(27)Chapter 110(2) only.
110Ambient Air Quality Standards7/10/903/18/9459 FR 12855(c)(29)Addition of NO2 increments for class I and II areas in Chapter 110(10). Note that class III increment in Chapter 110(10)(C)(3) is not part of submittal.
110Ambient Air Quality Standards7/24/963/22/0469 FR 13231(c)(52)Adopts PSD increments based on PM10, in place of increments based on TSP.
111Petroleum Liquid Storage Vapor Control5/7/792/19/8045 FR 10766(c)(11)
      9/27/892/3/9257 FR 3948(c)(30)
112Petroleum Liquids Transfer Recovery2/19/8045 FR 10766(c)(11)
      5/7/793/5/8247 FR 9462(c)(16)Irving Oil, Searsport exempted.
      7/22/862/2/8752 FR 3117(c)(22)Bulk Gasoline Terminal Test methods.
      5/22/912/3/9257 FR 3948(c)(30)The exemption for Irving Oil Corporation in Searsport, Maine incorporated by reference at 40 CFR 52.1020(c)(16) is removed.
112Petroleum liquids transfer recover6/22/946/29/9560 FR 3373436Deleted exemption for tank trucks less than 3500 gallons.
112Gasoline Bulk Terminals7/19/9510/15/9661 FR 53639(c)(42)Emission limit lowered from 80 mg/l to 35 mg/l.
113Growth Offset Regulation5/7/792/19/8045 FR 10766(c)(11)Part of New Source Review program.
      12/18/8512/23/8651 FR 45886(c)(21)Deletes Thomaston.
113Growth Offset Regulation10/25/893/23/9358 FR 15430(c)(26)
113Growth Offset Regulation7/10/903/18/9459 FR 12855(c)(29)Change to Chapter 113(II)(A) to include NO2.
113Growth Offset Regulation6/22/942/14/9661 FR 5694(c)(37)Addition of 1990 Part D NSR requirements.
114Classification of Air Quality Control Regions5/7/791/30/8045 FR 6874(c)(10)
114Designation of Air Quality Control Regions10/25/893/23/9358 FR 15430(c)(26)All except for chapter 114(11) and (111) which are approved in another paragraph below.
   (c)(27)Chapter 114(11)and (111) only.
114Classification of Air Quality Control Regions4/27/94Aug. 30, 199560 FR 45060(c)(40)Revision to remove Presque Isle as nonattainment for PM10.
115Emission License Regulation.5/7/791/30/8045 FR 6784(c)(10)PSD
      12/24/792/19/8045 FR 10766(c)(11)New Source Review.
      10/25/893/23/9358 FR 15430(c)(26)Note Maine did not submit references to nonregulated pollutants for approval. Also note that this chapter was formerly chapter 108.
115Emission License Regulation7/10/903/18/9459 FR 12855(c)(29)Changes to Chapter 115(I)(B), (VII)(A), VII)(B)(3), and (VII)(D)(3) to remove Chapter 108 and to incorporate NO2 increments requirements.
115Emission License Regulation6/22/942/14/9661 FR 5694(c)(37)Addition of 1990 Part D NSR and other CAAA requirements.
116Prohibited Dispersion Techniques.10/25/893/23/9358 FR 15430(c)(26)
117Source Surveillance8/9/883/21/8954 FR 1152524
118Gasoline Dispensing Facilities6/22/946/29/9560 FR 3373436
      7/19/9510/15/9661 FR 53639(c)(43)Stage II vapor recovery requirements added.
119Motor Vehicle Fuel Volatility Limit6/1/003/6/0267 FR 10100(c)(49)Controls fuel volatility in the State. 7.8 psi RVP fuel required in 7 southern counties.
120Gasoline Tank Trucks6/22/946/29/9560 FR 3373435
123Paper Coater Regulation9/27/892/3/9257 FR 3949(c)(30)The operating permits for S.D. Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer Plastics of Auburn incorporated by reference at 40 CFR §52.1020 (c)(11), (c)(11), and (c)(18), respectively, are withdrawn.
126Capture Efficiency Test Procedures5/22/913/22/9358 FR 15282(c)(32)
127New Motor Vehicle Emission Standards12/31/004/28/0570 FR 21962(c)(58)Low emission vehicle program, with no ZEV requirements. Program achieves 90% of full LEV benefits.
129Surface coating Facilities1/6/936/17/9459 FR 31157(c)(33)Includes surface coating of: Cans, fabric, vinyl, metal furniture, flatwood paneling, and miscellaneous metal parts and products.
130Solvent Degreasers1/6/936/17/9459 FR 31157(c)(33)
130Solvent Cleaners6/17/045/26/0570 FR 30369(c)(54)
131Cutback and Emulsified Asphalt1/6/936/17/9459 FR 31157(c)(33)
132Graphic Arts: Rotogravure and Flexography1/6/936/17/9459 FR 31157(c)(33)
133Gasoline Bulk Plants6/22/946/29/9560 FR 3373436
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds2/8/954/18/0065 FR 20753(c)(45)Regulation fully approved for the following counties: York, Sagadahoc, Cumberland, Androscoggin, Kennebec, Knox, Lincoln, Hancock, Waldo, Aroostook, Franklin, Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds2/25/974/18/0065 FR 20753(c)(45)VOC RACT determination for JJ Nissen Baking Company.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds7/23/97
10/27/97
4/18/0065 FR 20753(c)(45)VOC RACT determination for Prime Tanning.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds7/25/974/18/0065 FR 20753(c)(45)VOC RACT determination for Portsmouth Naval Shipyard.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/5/96
10/20/97
4/18/0065 FR 20753(c)(45)VOC RACT determination for Dexter Shoe.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds6/16/974/18/0065 FR 20753(c)(45)VOC RACT determination for Pioneer Plastics.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds1/4/964/18/0065 FR 20753(c)(45)VOC RACT determination for Georgia Pacific.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds1/18/964/18/0065 FR 20753(c)(45)VOC RACT determination for Champion International.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds10/4/95
12/13/95
4/18/0065 FR 20753(c)(45)VOC RACT determination for International Paper.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/8/954/18/0065 FR 20753(c)(45)VOC RACT determination for James River.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/18/954/18/0065 FR 20754(c)(45)VOC RACT determination for Lincoln Pulp and Paper.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/18/954/18/0065 FR 20754(c)(45)VOC RACT determination for SD Warren Paper Company's Westbrook, Maine facility.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds10/4/95
1/9/96
4/18/0065 FR 20754(c)(45)VOC RACT determination for SD Warren Paper Company's Skowhegan, Maine facility.
134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds12/20/954/18/0065 FR 20754(c)(45)VOC RACT determination for Boise Cascade.
134Reasonably available control technology for facilities that emit volatile organic compounds4/11/015/20/0267 FR 35441(c)(51)VOC RACT determination for Bath Iron Works.
134Reasonably available control technology for facilities that emit volatile organic compounds4/26/01
7/2/01
5/20/0267 FR 35441(c)(51)VOC RACT determination for Pratt & Whitney.
134Reasonably available control technology for facilities that emit volatile organic compounds5/10/015/20/0267 FR 35441(c)(51)VOC RACT determination for Moosehead Manufacturing's Dover-Foxcroft plant.
   Reasonably available control technology for facilities that emit volatile organic compounds5/10/015/20/0267 FR 35441(c)(51)VOC RACT determination for Moosehead Manufacturing's Monson plant.
137Emission Statements12/17/0411/21/0772 FR 65462(c)(62)Revised to incorporate changes required by EPA's consolidated emissions reporting rule. The entire rule is approved with the exception of HAP and greenhouse gas reporting requirements which were not included in the state's SIP revision request.
138Reasonably Available Control Technology For Facilities That Emit Nitrogen Oxides8/3/94December 26, 199560 FR 66755(c)(41)Affects sources only in Oxford, Franklin, Somerset, Piscataquis, Penobscot, Washington, Aroostook, Hancock and Waldo Counties (excepted portions of rule include Sections 1.A.1. and 3.B.).
138NOX RACT8/3/949/9/0267 FR 57154(c)(46)Affects sources in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties.
138NOX RACT5/18/95 &
2/16/96
9/9/0267 FR 57154(c)(47)Case-specific NOX RACT for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station.
138NOX RACT6/16/95 &
6/12/96
9/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Tree Free Fiber Company, LLC. (formerly Statler Tissue).
138NOX RACT8/23/95 &
3/10/97
9/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Pioneer Plastics Corporation.
138NOX RACT11/15/959/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Scott Paper Company.
138NOX RACT1/18/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Chinet Company.
138NOX RACT2/7/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for FMC Corporation—Food from Ingredients Division.
138NOX RACT6/5/96 &
3/5/97
9/9/0267 FR 57154(c)(47)Case-specific NOX FR RACT for Dragon Products Company, Inc.
138NOX RACT6/12/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for S.D. Warren Company.
138NOX RACT10/16/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Mid-Maine Waste Action Corporation.
138NOX RACT10/21/96 &
7/25/97
9/9/9267 FR 57154(c)(47)Case-specific NOX RACT for Portsmouth Naval Shipyard.
138NOX RACT11/12/969/9/0267 FR 57154(c)(47)Case-specific NOX RACT for Maine Energy Recovery Company.
139Transportation Conformity9/19/072/08/0873 FR 7465(c) 64
141Conformity of General Federal Actions9/11/969/23/9762 FR 49611(c)(44)“Chapter 141: Conformity of General Federal Actions”.
141Conformity of General Federal Actions4/19/072/20/0873 FR 9203(c)(63)Amendment to incorporate new fine particulate matter provisions.
145NOX Control Program6/21/014/10/0570 FR 11882(c)(56).
148Emissions from Smaller-Scale Electric Generating Resources7/15/045/26/0570 FR 30376(c)(55)
151Architectural and Industrial Maintenance (AIM) Coatings10/06/053/17/0671 FR 13767(c)(59)
152Control of Emissions of Volatile Organic Compounds from Consumer Products8/19/0410/24/0570 FR 61384(c)(57)
153Mobile Equipment Repair and Refinishing2/5/045/26/0570 FR 30369(c)(54)
155Portable Fuel Container Spillage Control6/3/042/7/0570 FR 6354(c)(53)All of Chapter 155 is approved with the exception of the word “or” in Subsection 7C which Maine did not submit as part of the SIP revision.
“Vehicle I/M”Vehicle Inspection and Maintenance7/9/981/10/0166 FR 1875(c)(48)Maine Motor Vehicle Inspection Manual,” revised in 1998, pages 1-12 through 1-14, and page 2-14, D.1.g. Also, Authorizing legislation effective July 9, 1998 and entitled L.D. 2223, “An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act.”

Note. 1. The regulations are effective statewide unless stated otherwise in comments section.

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

[50 FR 3336, Jan. 24, 1985]

Editorial Note: For Federal Register citations affecting §52.1031, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§52.1033   Visibility protection.

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

(b) [Reserved]

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

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

§52.1034   Stack height review.

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

[54 FR 8190, Feb. 27, 1989]

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

Maine must comply with the requirements of §51.120.

[60 FR 4737, Jan. 24, 1995]

§52.1036   Emission inventories.

(a) The Governor's designee for the State of Maine submitted 1990 base year emission inventories for the Knox and Lincoln Counties area, the Lewiston and Auburn area, the Portland area, and the Hancock and Waldo Counties area on July 25, 1995 as a revision to the State Implementation Plan (SIP). An amendment to the 1990 base year emission inventory for the Portland area was submitted on June 9, 2005. The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for these areas.

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

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

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

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

(f) The Governor's designee for the State of Maine submitted a 2002 base year emission inventory for Cumberland, Sagadahoc, and York counties, to represent emissions for the Portland 8-hour ozone nonattainment area on June 9, 2005, as a revision to the State Implementation Plan (SIP). The 2002 base year emission inventory requirement of 40 CFR 51.915 has been satisfied for this area.

[62 FR 9086, Feb. 28, 1997, as amended at 62 FR 41277, Aug. 1, 1997; 71 FR 14816, Mar. 24, 2006]

§52.1037   Original identification of plan section.

(a) This section identifies the original “Air Implementation Plan for the State of Maine” and all revisions submitted by Maine that were federally approved prior to September 1, 2008.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) Incorporation by reference.

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

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

(23) [Reserved]

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

(i) Incorporation by reference.

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

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

(ii) Additional material.

(A) Nonregulatory portions of the state submittal.

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

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

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

(i) Incorporation by reference.

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

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

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

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

(ii) Additional materials.

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

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

(C) Nonregulatory portions of the state submittal.

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

(i) Incorporation by reference.

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

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

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

(ii) Additional materials.

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

(B) Nonregulatory portions of the state submittal.

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

(i) Incorporation by reference.

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

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

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

(ii) Additional materials.

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

(B) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

(ii) Additional materials.

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

(B) Nonregulatory portions of the state submittal.

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

(i) Incorporation by reference.

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

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

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

(ii) Additional materials.

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

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

(C) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

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

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

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

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

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

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

(ii) Additional Information.

(A) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

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

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

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

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

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

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

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

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

(i) Incorporation by reference.

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

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

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

(39) [Reserved]

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

(i) Incorporation by reference.

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

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

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

(ii) Additional materials.

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

(B) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

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

(i) Incorporation by reference.

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

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

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

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

(ii) Additional materials.

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

(B) Nonregulatory portions of the submittal.

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

(i) Incorporation by reference.

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

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

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

(i) Incorporation by reference.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(ii) Additional materials.

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

(B) Nonregulatory portions of the submittal.

(46) Revision to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 5, 1994.

(i) Incorporation by reference.

(A) Chapter 138 of the Maine Department of Environmental Protection Regulations, “Reasonably Available Control Technology For Facilities That Emit Nitrogen Oxides.” Affects sources in York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Lincoln, and Knox counties. This rule was adopted and effective in the State of Maine on August 3, 1994.

(ii) Additional materials.

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

(47) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 1, 1997, October 9, 1997, and August 14, 1998.

(i) Incorporation by reference.

(A) Air emission license A-388-71-C-A, Amendment #1, condition (q); and A-388-71-D-M, amendment #1, conditions 19 and 23 for FPL Energy's (formerly Central Maine Power) W.F. Wyman Station issued by Maine Department of Environmental Protection on May 18, 1995, and February 16, 1996, respectively.

(B) Air emission licenses A-195-71-G-M, Amendment #1, and A-195-71-D-A/R, section (II)(D), paragraphs (II)(F)(1) and (3), and conditions 12(A), 12(C), (13), (14) and (15) for Tree Free Fiber Company, LLC, (formerly Statler Industries Inc.) issued by Maine Department of Environmental Protection on June 12, 1996, and, June 16, 1995, respectively.

(C) Air emission licenses A-448-72-K-A/R, paragraphs (II)(D)(2), (II)(D)(3) and conditions (13)(f) and 14(k); and A-448-71-O-M, Amendment #2, condition (14)(k), for Pioneer Plastics Corporation issued by Maine Department of Environmental Protection on August 23, 1995, and March 10, 1997, respectively.

(D) Air emission license A-188-72-E-A, Amendment #2, conditions 8, paragraph 1, and 9, paragraphs 1, 2 and 4, for Scott Paper Company issued by Maine Department of Environmental Protection on November 15, 1995.

(E) Air emission license A-416-72-B-A, conditions (l) 1, 2, 3a, 3b, 3c, 3e, and (m) for The Chinet Company issued by Maine Department of Environmental Protection on January 18, 1996.

(F) Air emission license A-366-72-H-A, Amendment #5, conditions 3, 4, 5, 7, 9, 11, 12, 15, 16, and 18 for FMC Corporation—Food Ingredients Division issued by Maine Department of Environmental Protection on February 7, 1996.

(G) Air emission licenses A-326-72-N-A, Amendment #5, and A-326-71-P-M, Amendment #7, for Dragon Products Company, Inc., issued by Maine Department of Environmental Protection on June 5, 1996, and March 5, 1997, respectively.

(H) Air emission license A-29-71-Y-A, Amendment #13, conditions (k)2, (k)3, (q)8 and (p) for S.D. Warren Company issued by Maine Department of Environmental Protection on June 12, 1996.

(I) Air emission license A-378-72-E-A, Amendment #2, for Mid-Maine Waste Action Corporation issued by Maine Department of Environmental Protection on October 16, 1996.

(J) Air emission licenses A-452-71-D-A, Amendment #2, conditions 3, 4, 5, 7, 9, 11, 16, 17, 18, 19, and 20; and A-452-71-F-M, Amendment #4, condition 4 for Portsmouth Naval Shipyard issued by Maine Department of Environmental Protection on October 21, 1996, and July 25, 1997, respectively.

(K) Air emission license A-46-71-L-A, Amendment #4, for Maine Energy Recovery Company issued by Maine Department of Environmental Protection on November 12, 1996.

(ii) Additional materials.

(A) Letters from the Maine Department of Environmental Protection dated July 1, 1997, October 9, 1997, and August 14, 1998, submitting case-specific NOX RACT determinations.

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

(i) Incorporation by reference.

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

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

(ii) Additional material.

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

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

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

(i) Incorporation by reference.

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

(ii) Additional materials.

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

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

(50) [Reserved]

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

(i) Incorporation by reference.

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

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

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

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

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

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(52) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 23, 1996.

(i) Incorporation by reference.

(A) Chapter 110 of the Maine Department of Environmental Protection regulations, “Ambient Air Quality Standards,” adopted by the Board of Environmental Protection on July 24, 1996, and effective August 6, 1996.

(B) [Reserved]

(53) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on December 29, 2003, October 22, 2004, and December 9, 2004.

(i) Incorporation by reference.

(A) Chapter 155 of the Maine Department of Environmental Protection Regulations, “Portable Fuel Container Spillage Control,” effective in the State of Maine on July 14, 2004, with the exception of the word “or” in Subsection 7C which Maine did not submit as part of the SIP revision.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(54) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on March 8, 2004, and June 28, 2004.

(i) Incorporation by reference.

(A) Chapter 153 of the Maine Department of Environmental Protection Regulations, “Mobile Equipment Repair and Refinishing,” effective in the State of Maine on February 25, 2004.

(B) Chapter 130 of the Maine Department of Environmental Protection Regulations, “Solvent Cleaners,” effective in the State of Maine on June 28, 2004.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(55) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 29, 2004.

(i) Incorporation by reference.

(A) Chapter 148 of the Maine Department of Environmental Protection Regulations, “Emissions from Smaller-Scale Electric Generating Resources” effective in the State of Maine on August 9, 2004.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(56) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on February 12, 2004.

(i) Incorporation by reference.

(A) Chapter 145 of the Maine Department of Environmental Protection Regulations, “NOX Control Program,” effective in the State of Maine on July 22, 2001.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(57) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on August 27, 2004, and September 8, 2004.

(i) Incorporation by reference.

(A) Chapter 152 of the Maine Department of Environmental Protection Regulations, “Control of Emissions of Volatile Organic Compounds from Consumer Products,” effective in the State of Maine on September 1, 2004.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(58) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on February 25, 2004 and December 9, 2004 submitting Maine's Low Emission Vehicle Program.

(i) Incorporation by reference.

(A) Chapter 127 of the Maine Department of Environmental Protection rules entitled “New Motor Vehicle Emission Standards” with an effective date of December 31, 2000, including the Basis Statements and Appendix A.

(59) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on December 3, 2004, January 5, 2005, October 31, 2005, and November 9, 2005.

(i) Incorporation by reference.

(A) Chapter 151 of the Maine Department of Environmental Protection Regulations, “Architectural and Industrial Maintenance (AIM) Coatings,” effective in the State of Maine on November 1, 2005.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(60) [Reserved]

(61) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on April 27, 2005.

(i) Incorporation by reference.

(A) Chapter 102 of Maine Department of Environmental Protection Rules, entitled “Open Burning,” effective in the State of Maine on April 25, 2005.

(B) State of Maine MAPA 1 form which provides certification that the Attorney General approved the rule as to form and legality, dated April 12, 2005.

(62) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on July 14, 2004, and February 8, 2006.

(i) Incorporation by reference.

(A) Chapter 100 of the Maine Department of Environmental Protection Regulations, “Definitions,” effective in the State of Maine December 24, 2005.

(B) Chapter 137 of the Maine Department of Environmental Protection Regulations, “Emission Statements,” effective in the State of Maine on July 6, 2004, with the exception of the following sections which the state did not include in its SIP revision request: section 137.1.C; section 137.1.E; section 137.1.F; section 137.2.A through F; section 137.2.H; section 137.3.B; section 137.3.C; section 137.4.D(4), from the sentence beginning with “Greenhouse gases” to the end of this section; the note within section 137.D(5); section 137(E), and; Appendix A.

(ii) Additional materials.

(A) Nonregulatory portions of these submittals.

(B) Correspondence from David W. Wright of the Maine DEP dated June 6, 2006, indicating which portions of Chapter 137 should not be incorporated into the State's SIP.

(63) Revision to Chapter 141 “Conformity of General Federal Actions,” submitted by the Maine Department of Environmental Protection on June 29, 2007 and effective in the State of Maine on May 21, 2007.

(i) Incorporation by reference.

(A) Chapter 141 “Conformity of General Federal Actions” 1. Definition. Effective in the State of Maine on May 21, 2007.

(ii) Additional Materials.

(A) Chapter 141 “Conformity of General Federal Actions,” 2. Conformity to State and Federal Implementation Plans. The Maine Department of Environmental Protection amended its incorporation-by-reference within Chapter 141.2 to reflect EPA's revision to the Federal General Conformity Rule for fine particulate matter promulgated on July 17, 2006 (71 FR 40420-40427); specifically 40 CFR 51.852 Definitions and 40 CFR 51.853 Applicability.

(64) Revisions to the State Implementation Plan submitted by the Maine Department of Environmental Protection on October 3, 2007.

(i) Incorporation by reference.

(A) Maine Administrative Procedure Act (MAPA) 1 Form which provides certification that the Attorney General approved Chapter 139 “Transportation Conformity,” as to form and legality, dated September 10, 2007.

(B) Chapter 139 of the Maine Department of Environmental Protection Regulations, “Transportation Conformity,” effective in the State of Maine on September 19, 2007.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

[37 FR 10870, May 31, 1972]

Editorial Note: For Federal Register citations affecting §52.1037, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Subpart V—Maryland

§52.1070   Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for Maryland under section 110 of the Clean Air Act, 42 U.S.C. 7410, and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed as incorporated by reference in paragraphs (c) and (d) was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The material incorporated is as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates on or after August 1, 2011 will be incorporated by reference in the next update to the SIP compilation.

(2)(i) EPA Region III certifies that the rules and regulations provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules and regulations which have been approved as part of the State implementation plan as of August 1, 2011.

(ii) EPA Region III certifies that the source-specific requirements provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated source-specific requirements which have been approved in the notebook “40 CFR 52.1070(d)—Source-Specific Requirements” as part of the State implementation plan as of December 1, 2008. No additional revisions were made since between December 1, 2008 and August 1, 2011.

(3) Copies of the materials incorporated by reference may be inspected at the EPA Region III Office at 1650 Arch Street, Philadelphia, PA 19103. For further information, call (215) 814-2108; the EPA, Air and Radiation Docket and Information Center, Room Number 3334, EPA West Building, 1301 Constitution Avenue NW, Washington, DC 20460. For further information, call (202) 566-1742; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA approved regulations.

EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP

Code of Maryland
Administrative Regulations
(COMAR) citation
Title/subjectState effective dateEPA approval dateAdditional
explanation/citation at 40 CFR 52.1100
26.11.01   General Administrative Provisions
26.11.01.01Definitions9/20/102/22/11 76 FR 96501. Exceptions: Paragraphs .01B(3), (13), (21) through (23), (25); all of section .01C. 2. Revision to paragraph .01B(17). The SIP effective date is 4/25/11
26.11.01.01Definitions3/5/122/28/13, 78 FR 13497Revised .01B(6-1) and .01B(37).
26.11.01.02Relationship of Provisions in this Subtitle8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(1).
26.11.01.03Delineation of Areas8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(1).
26.11.01.04Testing and Monitoring3/5/121/25/13, 78 FR 5290Amended section 04C.
26.11.01.05Records and Information6/30/97, 12/10/015/28/02, 67 FR 36810(c)(172).
26.11.01.05-1Emission Statements12/7/9210/12/94, 59 FR 51517(c)(109).
26.11.01.06Circumvention8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(1).
26.11.01.07Malfunctions and Other Temporary Increases in Emissions8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(1).
26.11.01.08Determination of Ground Level Concentrations—Acceptable Techniques8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(5).
26.11.01.09Vapor Pressure of Gasoline8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(5)
26.11.01.10Continuous Emission Monitoring (CEM) Requirements7/22/912/28/96, 61 FR 7418(c)(106); TM90-01 was approved as “additional material”, but not IBR'd.
26.11.02   Permits, Approvals, and Registration
26.11.02.01Definitions5/8/952/27/03, 68 FR 9012(c)(182); Exceptions:26.11.02.01B(1), (1-1), (4)-(6), (10), (15), (16), (22), (29)-(33), (37),(39), (42), (46), (49), (50), (54)26.11.02.01Definitions3/5/122/28/13, 78 FR 13497Revised .01B(44) and .01C(1).
26.11.02.02General Provisions5/8/952/27/03, 68 FR 9012(c)(182); Exception: .02D.
26.11.02.03Federally Enforceable Permits to Construct and State Permits to Operate5/8/952/27/03, 68 FR 9012(c)(182).
26.11.02.04Duration of Permits5/8/952/27/03, 68 FR 9012(c)(182); Exception: .04C(2).
26.11.02.05Violation of Permits and Approvals5/8/952/27/03, 68 FR 9012(c)(182).
26.11.02.06Denial of Applications for State Permits and Approvals5/8/95, 6/16/972/27/03, 68 FR 9012(c)(182).
26.11.02.07Procedures for Denying, Revoking, or Reopening and Revising a Permit or Approval5/8/952/27/03, 68 FR 9012(c)(182).
26.11.02.08Late Applications and Delays in Acting on Applications5/8/952/27/03, 68 FR 9012(c)(182).
26.11.02.09Sources Subject to Permits to Construct and Approvals11/16/092/10/12, 77 FR 6963Revised 26.11.02.09A(1), (2); limited approval.
26.11.02.10Sources Exempt from Permits to Construct and Approvals8/11/116/12/12
77 FR 34808
Revised .10X
26.11.02.11Procedures for Obtaining Permits to Construct Certain Significant Sources5/8/95, 6/16/972/27/03, 68 FR 9012(c)(182); Exception: .11C.
26.11.02.12Procedures for Obtaining Approvals of PSD Sources and NSR Sources, Permits to Construct, Permit to Construct MACT Determinations On a Case-by-Case Basis in Accordance with 40 CFR part 63, subpart B, and Certain 100-Ton Sources5/16/118/2/12, 77 FR 45949Added .12A(2)
26.11.02.13Sources Subject to State Permits to Operate5/8/952/27/03, 68 FR 9012(c)(182).
26.11.02.14Procedures for Obtaining State Permits to Operate and Permits to Construct Certain Sources and Permits to Construct Control Equipment on Existing Sources5/8/95, 6/16/972/27/03, 68 FR 9012(c)(182).
26.11.04   Ambient Air Quality Standards
26.11.04.02Ambient Air Quality Standards, Definitions, Reference Conditions, and Methods of Measurement9/17/122/11/13, 78 FR 9593
26.11.05   Air Quality Episode System
26.11.05.01Definitions6/18/904/14/94, 59 FR 17698(c)(100).
26.11.05.02General Requirements6/18/904/14/94, 59 FR 17698(c)(100).
26.11.05.03Air Pollution Episode Criteria6/18/904/14/94, 59 FR 17698(c)(100).
26.11.05.04Standby Emissions Reduction Plan8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(4).
26.11.05.05Control Requirements and Standby Orders6/18/904/14/94, 59 FR 17698(c)(100).
26.11.05.06Tables8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(4).
26.11.06   General Emissions Standards, Prohibitions, and Restrictions
26.11.06.01Definitions5/8/9111/29/94, 59 FR 60908(c)(102)(i)(B)(14).
26.11.06.02 [Except: .02A(1)(e), (1)(g), (1)(h), (1)(i)]Visible Emissions11/24/038/1/07, 72 FR 41891Revised paragraph 26.11.06.02A(2).
26.11.06.03Particulate Matter11/11/028/6/03, 68 FR 46487(c)(181).
26.11.06.04Carbon Monoxide in Areas III and IV1/5/88; recodified,
   8/1/88
4/7/93, 58 FR 18010(c)(92).
26.11.06.05Sulfur Compounds from Other than Fuel Burning Equipment11/11/028/6/03, 68 FR 46487(c)(181).
26.11.06.06Volatile Organic Compounds9/22/975/7/01, 66 FR 22924(c)(156) Note: On 2/27/03 (68 FR 9012), EPA approved a revised rule citation with a State effective date of 5/8/95 [(c)(182)(i)(C)].
26.11.06.10Refuse Burning Prohibited in Certain Installations8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(5).
26.11.06.14Control of PSD Sources3/5/122/28/13, 78 FR 13497Revised .14B(1).
26.11.06.15Nitrogen Oxides from Nitric Acid Plants8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(5).
26.11.06.16Tables8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(5).
26.11.07   Open Fires
26.11.07.01Definitions5/22/956/11/02, 67 FR 39856(c)(173).
26.11.07.02General5/22/952/25/97, 62 FR 8380(c)(120).
26.11.07.03Control Officer May Authorize Certain Open Fires8/11/976/11/02, 67 FR 39856(c)(173).
26.11.07.04Public Officers May Authorize Certain Fires5/22/952/25/97, 62 FR 8380(c)(120).
26.11.07.05Open Fires Allowed Without Authorization of Control Officer or Public Officer5/22/952/25/97, 62 FR 8380(c)(120) .05A(3) & (4), and .05B(3) are State-enforceable only.
26.11.07.06Safety Determinations at Federal Facilities8/11/976/11/02, 67 FR 39856(c)(173).
10.18.08/26.11.08   Control of Incinerators
10.18.08/26.11.08.01Definitions9/12/059/15/08, 73 FR 53130Definition of “crematory” is added.
10.18.08.02Applicability7/18/808/5/81, 46 FR 39818(c)(45).
10.18.08.03Prohibition of Certain Incinerators in Areas III and IV6/8/815/11/82, 47 FR 20126(c)(58).
10.18.08/26.11.08.04Visible Emissions11/24/038/1/07, 72 FR 41891Revised paragraph 26.11.08.04C.
10.18.08/26.11.08.05Particulate Matter9/12/059/15/08, 73 FR 53130Sections .05A(3) and .05B(2)(a) are revised.
10.18.08.06Prohibition of Unapproved Hazardous Waste Incinerators3/25/847/2/85, 50 FR 27245(c)(82).
26.11.09Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations
26.11.09.01Definitions9/20/102/22/11 76 FR 9650Revision removes definition of “fuel-burning equipment.” The SIP effective date is 4/25/11.
26.11.09.02Applicability8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(7).
26.11.09.03General Conditions for Fuel Burning Equipment6/21/047/6/05, 70 FR 38774Revised paragraphs 26.11.09.03C(1) and .03C(2).
26.11.09.04Prohibition of Certain New Fuel Burning Equipment8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(7).
26.11.09.05Visible Emissions11/24/038/1/07, 72 FR 41891Revised paragraph 26.11.09.05A(3).
26.11.09.06Control of Particulate Matter6/21/047/6/05, 70 FR 38774Addition of paragraph 26.11.09.06C.
26.11.09.07Control of Sulfur Oxides from Fuel Burning Equipment8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(7).
26.11.09.08Control of NOX Emissions for Major Stationary Sources11/24/039/20/04, 69 FR 56170(c)(191).
26.11.09.09Tables and Diagrams11/11/025/1/03, 68 FR 23206(c)(183); Revised Table 1.
26.11.10   Control of Iron and Steel Production Installations
26.11.10.01Definitions12/25/0011/7/01, 66 FR 56222(c)(163).
26.11.10.02Applicability11/2/989/7/01, 66 FR 46727(c)(153).
26.11.10.03Visible Emissions6/29/097/27/2012 77 FR 44146Revised paragraphs A. and D. of 26.11.10.03 for Sintering Plants.
26.11.10.04Control of Particulate Matter11/2/989/7/01, 66 FR 46727(c)(153).
26.11.10.05Sulfur Content Limitations for Coke Oven Gas11/2/989/7/01, 66 FR 46727(c)(153).
26.11.10.05-1Control of Carbon Monoxide Emissions from Basic Oxygen Furnaces9/12/052/9/10, 75 FR 6307
26.11.10.06Control of Volatile Organic Compounds from Iron and Steel Production Installations12/25/0011/7/01 66 FR 56222(c)(163).
26.11.10.07Testing and Observation Procedures12/25/0011/7/01, 66 FR 56222(c)(163).
26.11.11   Control of Petroleum Products Installations, Including Asphalt Paving, Asphalt Concrete Plants, and Use of Waste Oils
26.11.11.01Applicability8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(9).
26.11.11.02Asphalt Paving4/26/931/6/95, 60 FR 2018(c)(113)(i)(B)(1).
26.11.11.03Asphalt Concrete Plants in Areas I, II, V, and VI8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(9).
26.11.11.06Use of Waste Oils as Fuel8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(9).
26.11.12   Control of Batch Type Hot-Dip Galvanizing Installations
26.11.12.01Definitions5/8/957/25/00, 64 FR 45743(c)(149).
26.11.12.02Applicability5/8/957/25/00, 64 FR 45743(c)(149).
26.11.12.03Prohibitions and Exemptions5/8/957/25/00, 64 FR 45743(c)(149).
26.11.12.04Visible Emissions8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(10).
26.11.12.05Particulate Matter8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(10).
26.11.12.06Reporting Requirements8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(10).
26.11.13   Control of Gasoline and Volatile Organic Compound Storage and Handling
26.11.13.01Definitions10/18/077/18/08, 73 FR 41268
26.11.13.02Applicability and Exemption4/26/931/6/95, 60 FR 2018(c)(113)(i)(B)(3).
26.11.13.03Large Storage Tanks8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(12).
26.11.13.04Loading Operations8/11/9712/22/98, 63 FR 70667(c)(132).
26.11.13.05Gasoline Leaks from Tank Trucks2/15/931/6/95, 60 FR 2018(c)(112).
26.11.13.06Plans for Compliance4/26/931/6/95, 60 FR 2018(c)(113)(i)(B)(5).
26.11.13.07Control of Gasoline and VOC Emissions from Portable Fuel Containers6/18/077/17/08, 73 FR 40970
26.11.13.08Control of VOC Emissions from Marine Vessel Loading10/18/077/18/08, 73 FR 41268New Regulation.
26.11.14   Control of Emissions From Kraft Pulp Mills
26.11.14.01Definitions1/8/01, 10/15/0111/7/01, 66 FR 56220(c)(170).
26.11.14.02Applicability1/8/0111/7/01, 66 FR 56220(c)(170).
26.11.14.06Control of Volatile Organic Compounds1/8/01, 10/15/0111/7/01, 66 FR 56220(c)(170).
26.11.17   Requirements for Major New Sources and Modifications
26.11.17.01Definitions10/22/078/2/12, 77 FR 45949.
26.11.17.02Applicability10/22/078/2/12, 77 FR 45949.
26.11.17.03General Conditions10/22/078/2/12, 77 FR 45949.
26.11.17.04Creating Emission Reduction Credits (ERCs)10/22/078/2/12, 77 FR 45949Revised; Former Regulation .04 is repealed and replaced in its entirety.
26.11.17.05Information on Emission Reductions and Certification10/22/078/2/12, 77 FR 45949Revised; Former Regulation .05 is repealed and replaced in its entirety.
26.11.17.06Transferring Emission Reduction Credits10/22/078/2/12, 77 FR 45949Added.
26.11.17.07Plantwide Applicability Limit (PAL)—General10/22/078/2/12, 77 FR 45949Added.
26.11.17.08Plantwide Applicability Limit (PAL)—Permits10/22/078/2/12, 77 FR 45949Added.
26.11.17.09Plantwide Applicability Limit (PAL)—Monitoring, Record Keeping, and Reporting10/22/078/2/12, 77 FR 45949Added.
26.11.19   Volatile Organic Compounds From Specific Processes
26.11.19.01Definitions6/5/959/2/97, 62 FR 46199(c)(126) Note: On 5/13/1998 (63 FR 26462), EPA approved the revised definition of “major stationary source of VOC “ with a State effective date of 5/8/1995 [(c)(128)].
26.11.19.02Applicability, Determining Compliance, Reporting, and General Requirements3/5/121/25/13, 78 FR 5290Amended sections .02D, .02E, .02G and .02I.
26.11.19.03Automotive and Light-Duty Truck Coating9/22/9711/5/98, 63 FR 59720(c)(140).
26.11.19.04Can Coating8/1/8811/3/92, 57 FR 49651(C)(90)(i)(B)(12).
26.11.19.05Coil Coating8/1/8811/3/92, 57 FR 49651(C)(90)(i)(B)(12).
26.11.19.06Large Appliance Coating10/1/105/12/11, 76 FR 27610.
26.11.19.07Paper, Fabric, Film, and Foil Coating5/16/1110/17/11, 76 FR 64022Revisions to Section title and Sections .07A and .07C(3).
26.11.19.07-1Control of VOC Emissions from Solid Resin Decorative Surface Manufacturing6/15/986/17/99 64 FR 32415(c)(142).
26.11.19.07-2Plastic Parts and Business Machines Coating5/16/1110/17/11, 76 FR 64022New Regulation.
26.11.19.08Metal Furniture Coating8/1/8811/3/92, 57 FR 49651(C)(90)(i)(B)(12).
26.11.19.09Control of Volatile Organic Compounds (VOC) Emissions from Cold and Vapor Degreasing6/5/958/4/97 62 FR 41853(c)(123).
26.11.19.10Flexographic and Rotogravure Printing4/19/109/27/10 75 FR 59086Revision to section .10B(2).
26.11.19.10-1Flexible packaging printing4/19/109/27/10, 75 FR 59086New Regulation.
26.11.19.11Lithographic and Letterpress Printing5/16/117/23/12
77 FR 43001
Sections .11A through .11E are revised; sections .11F through .11H are added.
26.11.19.12Dry Cleaning Installations9/22/979/2/98, 63 FR 46662(c)(131).
26.11.19.13Drum and Pail Coating5/16/1110/17/11 76 FR 64017Revisions to Section title and Sections .13A, .13B, and .13C and addition of new Section .13D.
26.11.19.13-1Aerospace Coating Operations10/2/00, 10/15/0111/7/01, 66 FR 56220(c)(169).
26.11.19.13-2Brake Shoe Coating Operations8/24/986/17/99, 64 FR 32415(c)(142).
26.11.19.13-3Control of VOC Emissions from Structural Steel Coating Operations6/29/986/17/99, 64 FR 32415(c)(142).
26.11.19.14Manufacture of Synthesized Pharmaceutical Products5/8/9111/29/94, 59 FR 60908(c)(102)(i)(B)(14).
26.11.19.15Paint, Resin, and Adhesive Manufacturing and Adhesive and Sealant Applications4/19/1010/18/11, 76 FR 64237Amendments to Sections .15A and .15C.
26.11.19.16Control of VOC Equipment Leaks8/19/919/7/94, 59 FR 46180(c)(103)(i)(B)(9).
26.11.19.17Control of Volatile Organic Compounds (VOC) Emissions from Yeast Manufacturing9/12/053/31/06, 71 FR 16237
26.11.19.18Control of Volatile Organic Compounds (VOC) Emissions from Screen Printing and Digital Imaging6/10/021/15/03, 68 FR 1972(c)(177).
26.11.19.19Control of Volatile Organic Compounds (VOC) Emissions from Expandable Polystyrene Operations10/2/005/7/01, 66 FR 22924(c)(156).
26.11.19.21Control of Volatile Organic Compounds (VOC) Emissions from Commercial Bakery Ovens7/3/9510/15/97, 62 FR 53544(c)(125)(i)(B)(4).
26.11.19.22Control of Volatile Organic Compounds (VOC) Emissions from Vinegar Generators8/11/979/23/99, 64 FR 41445(c)(137).
26.11.19.23Control of VOC Emissions from Vehicle Refinishing4/16/129/26/12, 77 FR 59093Entire regulation revised.
26.11.19.24Control of VOC Emissions from Leather Coating8/11/979/23/99 64 FR 41445(c)(137).
26.11.19.25Control of Volatile Organic Compounds from Explosives and Propellant Manufacturing8/11/971/26/99, 64 FR 3852(c)(141).
26.11.19.26Control of Volatile Organic Compound Emissions from Reinforced Plastic Manufacturing8/11/978/19/99, 64 FR 45182(c)(139).
26.11.19.27Control of Volatile Organic Compounds from Marine Vessel Coating Operations10/20/979/5/01, 66 FR 46379(c)(166).
26.11.19.27-1Control of Volatile Organic Compounds from Pleasure Craft Coating Operations10/12/129/26/13, 78 FR 59240Regulation Added.
26.11.19.28Control of Volatile Organic Compounds from Bread and Snack Food Drying Operations10/2/005/7/01, 66 FR 22924(c)(157).
26.11.19.29Control of Volatile Organic Compounds from Distilled Spirits Facilities10/2/00, 10/15/0111/7/01, 66 FR 56220(c)(160).
26.11.19.30Control of Volatile Organic Compounds from Chemical Production and Flouropolymer Material Installations4/21/0810/18/11, 76 FR 64237Amendments to Sections .30A, .30B, .30C and .30E.
26.11.19.31Control of Volatile Organic Compounds from Medical Device Manufacturing6/5/061/11/07, 72 FR 1289
26.11.19.33Control of Volatile Organic Compounds (VOCs) from Flat wood Paneling Coatings4/19/101/26/11, 76 FR 4534New Regulation.
26.11.20   Mobile Sources
26.11.20.02Motor Vehicle Emission Control Devices8/1/8811/3/92, 57 FR 49651(c)(90)(i)(B)(13) [as 26.11.20.06].
26.11.20.03Motor Vehicle Fuel Specifications10/26/926/10/94, 59 FR 29957(c)(101)(i)(B)(3).
26.11.20.04National Low Emission Vehicle Program3/22/9912/28/99, 64 FR 72564(c)(146).
26.11.24   Stage II Vapor Recovery at Gasoline Dispensing Facilities
26.11.24.01Definitions1/29/071/17/08, 73 FR 3187Addition of “Certified Inspector” and “‘Vapor Recovery System.”
26.11.24.01-1Incorporation by Reference4/15/025/7/03, 68 FR 24363(c)(178).
26.11.24.02Applicability, Exemptions, and Effective Date4/15/025/7/03, 68 FR 24363(c)(178).
26.11.24.03General Requirements4/15/025/7/03, 68 FR 24363(c)(178).
26.11.24.04Testing Requirements2/28/055/8/06 71 FR 26688
26.11.24.05Inspection Requirements2/15/936/9/94, 59 FR 29730(c)(107).
26.11.24.05-1Inspections by a Certified Inspector1/29/071/17/08, 73 FR 3187Added Section.
26.11.24.06Training Requirements for Operation and Maintenance of Approved Systems2/15/936/9/94, 59 FR 29730(c)(107).
26.11.24.07Record-Keeping and Reporting Requirements2/28/055/8/06, 71 FR 26688
26.11.24.08Instructional Signs2/15/936/9/94, 59 FR 29730(c)(107).
26.11.24.09Sanctions2/15/936/9/94, 59 FR 29730(c)(107).
26.11.25   Control of Glass Melting Furnaces
26.11.25.01Definitions10/5/9810/19/05, 70 FR 60738
26.11.25.02Applicability and Exemptions10/5/9810/19/05, 70 FR 60738
26.11.25.03Visible Emissions from Glass Melting Furnaces10/5/9810/19/05, 70 FR 60738
26.11.25.04Particulate Matter Emissions from Glass Melting Furnaces10/5/9810/19/05, 70 FR 60738
26.11.26   Conformity
26.11.26.01Purpose6/30/089/26/11, 76 FR 59254New Regulation.
26.11.26.02Definitions6/30/089/26/11, 76 FR 59254Definitions added for transportation conformity; definitions for general conformity were approved at (c)(136).
26.11.26.03Transportation Conformity6/30/089/26/11, 76 FR 59254New Regulation.
26.11.26.04Transportation Conformity—Consultation in General6/30/089/26/11, 76 FR 59254New Regulation.
26.11.26.05Transportation Conformity—Interagency Consultation Requirements6/30/089/26/11, 76 FR 59254New Regulation.
26.11.26.06Transportation Conformity—Dispute Resolution6/30/089/26/11, 76 FR 59254New Regulation.
26.11.26.07Transportation Conformity—Public Consultation Procedures6/30/089/26/11], 76 FR 59254New Regulation.
26.11.26.08Transportation Conformity—Interagency Consultation6/30/089/26/11, 76 FR 59254New Regulation.
26.11.26.09General Conformity6/30/089/26/11, 76 FR 59254Formerly SIP regulation 26.11.26.03.
26.11.27   Emission Limitations for Power Plants
26.11.27.01Definitions7/16/079/4/08, 73 FR 51599
26.11.27.02Applicability and Exceptions7/16/079/4/08, 73 FR 51599
26.11.27.03General Requirements7/16/079/4/08, 73 FR 51599Exceptions: Paragraphs .03B(7)(a)(iii) and .03D; the word “and” at the end of paragraph .03B(7)(a)(ii).
26.11.27.05Monitoring and Reporting Requirements7/16/079/4/08, 73 FR 51599
26.11.27.06Judicial Review of Penalty Waivers7/16/079/4/08, 73 FR 51599
26.11.28   Clean Air Interstate Rule
26.11.28.01Definitions6/16/0810/30/09, 74 FR 56117
26.11.28.02Incorporation by Reference6/16/0810/30/09, 74 FR 56117
26.11.28.03Affected Units and General Requirements6/16/0810/30/09, 74 FR 56117
26.11.28.04Requirements for New Affected Trading Units and NOX Set Aside Pool6/16/0810/30/09, 74 FR 56117
26.11.28.05NOX Allowances for Renewable Energy Projects and Consumers of Electric Power6/16/0810/30/09, 74 FR 56117
26.11.28.06NOX Allowances To Be Distributed to Consumers of Electric Power6/16/0810/30/09, 74 FR 56117
26.11.28.07Distribution of Unused NOX Allowances in the Set Aside Pool6/16/0810/30/09, 74 FR 56117
26.11.28.08Allocation of NOX Allowances6/16/0810/30/09, 74 FR 56117Annual and Ozone Season Allocations start in 2010 instead of 2009.
26.11.29   NOX Reduction and Trading Program
26.11.29.01Definitions5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.02Incorporation by Reference5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.03Scope and Applicability5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.04General Requirements for Affected Trading Sources5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.05NOX Allowance Allocations5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.06Compliance Supplement Pool5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.07Allowance Banking5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.08Emission Monitoring5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.09Requirements for New Sources and Set-Aside Pool11/24/033/22/04 69 FR 13236(c)(186)(i)(C)(1)-(5).
26.11.29.10Reporting5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.11Record Keeping5/1/001/10/01 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.12End-of-Season Reconciliation5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.13Compliance Certification5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.14Penalties5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.29.15Requirements for Affected Nontrading Sources5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(1).
26.11.30   Policies and Procedures Relating to Maryland's NOX Reduction and Trading Program
26.11.30.01Scope and Applicability5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(2).
26.11.30.02Definitions5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(2).
26.11.30.03Procedures Relating to Compliance Accounts and Overdraft Accounts5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(2).
26.11.30.04Procedures Relating to General Accounts5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(2).
26.11.30.05Allowance Banking5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(2).
26.11.30.06Allowance Transfers5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(2).
26.11.30.07Early Reductions5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(2).
26.11.30.08Opt-In Procedures5/1/001/10/01, 66 FR 1866(c)(154)(i)(B)(2).
26.11.30.09Allocation of Allowances6/19/0611/03/06, 71 FR 64647New column for 2008 allocations.
26.11.32   Control of Emissions of Volatile Organic Compounds From Consumer Products
26.11.32.01Applicability and Exemptions6/18/0712/10/07 72 FR 69621
26.11.32.02Incorporation by Reference6/18/0712/10/07 72 FR 69621
26.11.32.03Definitions6/18/0712/10/07 72 FR 69621
26.11.32.04Standards—General6/18/0712/10/07 72 FR 69621
26.11.32.05Standards—Requirements for Charcoal Lighter Materials8/18/0312/09/03 68 FR 68523(c)(185).
26.11.32.06Standards—Requirements for Aerosol Adhesives6/18/0712/10/07 72 FR 69621
26.11.32.07Standards—Requirements for Floor Wax Strippers8/18/0312/09/03 68 FR 68523(c)(185).
26.11.32.08Requirements for Contact Adhesives, Electronic Cleaners, Footwear, or Leather Care Products, and General Purpose Cleaners6/18/0712/10/07 72 FR 69621New Regulation.
26.11.32.09Requirements for Adhesive Removers, Electrical Cleaners, and Graffiti Removers6/18/0712/10/07 72 FR 69621New Regulation.
26.11.32.10Requirements for Solid Air Fresheners and Toilet and Urinal Care Products6/18/0712/10/07 72 FR 69621New Regulation.
26.11.32.11Innovative Products—CARB Exemption6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .08.
26.11.32.12Innovative Products—Department Exemption6/18/0712/10/07 72 FR 69621
26.11.32.13Administrative Requirements6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .10; Amended.
26.11.32.14Reporting Requirements6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .11; Amended.
26.11.32.15Variances6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .12; Amended.
26.11.32.16Test Methods6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .13; Amended.
26.11.32.17Alternative Control Plan (ACP)6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .14; Amended.
26.11.32.18Approval of an ACP Application6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .15; Amended.
26.11.32.19Record Keeping and Availability of Requested Information6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .16.
26.11.32.20Violations6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .17.
26.11.32.21Surplus Reduction and Surplus Trading6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .18; Amended.
26.11.32.22Limited-use surplus reduction credits for early formulations of ACP Products6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .19; Amended.
26.11.32.23Reconciliation of Shortfalls6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .20; Amended.
26.11.32.24Modifications to an ACP6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .21; Amended.
26.11.32.25Cancellation of an ACP6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .22; Amended.
26.11.32.26Transfer of an ACP6/18/0712/10/07 72 FR 69621Recodification of existing Regulation .23
26.11.33   Architectural Coatings
26.11.33.01Applicability and Exemptions3/29/045/12/05, 70 FR 24979
26.11.33.02Test Methods—Incorporation by Reference3/29/045/12/05, 70 FR 24979
26.11.33.03Definitions3/29/045/12/05, 70 FR 24979
26.11.33.04General Standard—VOC Content Limits3/29/045/12/05, 70 FR 24979
26.11.33.05VOC Content Limits3/29/045/12/05, 70 FR 24979
26.11.33.06Most Restrictive VOC Limit2/28/0510/19/05, 70 FR 60740Addition of sections B(15) through B(19).
26.11.33.07Painting Restrictions3/29/045/12/05, 70 FR 24979
26.11.33.08Thinning3/29/045/12/05, 70 FR 24979
26.11.33.09Rust Preventive Coatings3/29/045/12/05, 70 FR 24979
26.11.33.10Coatings Not Listed in Regulation .052/28/0510/19/05, 70 FR 60740
26.11.33.11Lacquers3/29/045/12/05, 70 FR 24979
26.11.33.12Container Labeling Requirements2/28/0510/19/05, 70 FR 60740Deleted section K.
26.11.33.13Record Keeping Requirements2/28/0510/19/05, 70 FR 60740
26.11.33.14Compliance Provisions and Test Methods3/29/045/12/05, 70 FR 24979
26.11.34   Low Emissions Vehicle Program
26.11.34.01Purpose12/17/076/11/13; 78 FR 34911
26.11.34.02 with exceptionIncorporation by Reference03/04/1307/09/14, 79 FR 38791Update to incorporate by reference California's Advanced Clean Car Program rules, with exception of Title 13, California Code of Regulations (CCR), Division 3, Chapter 2, Article 5, §2030.
26.11.34.03Applicability and Exemptions12/17/076/11/13; 78 FR 34911
26.11.34.04Definitions12/17/076/11/13; 78 FR 34911
26.11.34.05Emissions Requirements12/17/076/11/13; 78 FR 34911
26.11.34.06Fleet Average NMOG Requirements12/17/076/11/13; 78 FR 34911
26.11.34.07Initial NMOG Credit Account Balances12/17/076/11/13; 78 FR 34911
26.11.34.08Fleet Average Greenhouse Gas Requirements12/17/076/11/13; 78 FR 34911
26.11.34.09Zero Emission Vehicle (ZEV) Requirements12/17/076/11/13; 78 FR 34911
26.11.34.10Initial ZEV Credit Account Balances12/17/076/11/13; 78 FR 34911
26.11.34.11Vehicle Testing12/17/076/11/13; 78 FR 34911
26.11.34.12Warranty12/17/076/11/13; 78 FR 34911
26.11.34.13Manufacturer Compliance Demonstration12/17/076/11/13; 78 FR 34911
26.11.34.14Enforcement12/17/076/11/13; 78 FR 34911
26.11.35   Volatile Organic Compounds from Adhesives and Sealants
26.11.35.01Applicability and Exemptions4/21/08
6/1/09
10/18/11, 76 FR 64237New Section.
26.11.35.02Incorporation by Reference4/21/0810/18/11, 76 FR 64237New Section.
26.11.35.03Definitions4/21/0810/18/11, 76 FR 64237New Section.
26.11.35.04Standards4/21/0810/18/11, 76 FR 64237New Section.
26.11.35.05Administrative Requirements4/21/0810/18/11, 76 FR 64237New Section.
26.11.35.06Compliance Procedures and Test Methods4/21/0810/18/11, 76 FR 64237New Section.
26.11.35.07Container Labeling4/21/0810/18/11, 76 FR 64237New Section.
11.14.08   Vehicle Emissions Inspection Program
11.14.08.01Title1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.02Definitions1/02/95, 10/19/9810/29/99, 64 FR 58340(c)(144).
11.14.08.03Applicability6/10/021/16/03, 68 FR 2208(c)(179).
11.14.08.04Exemptions1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.05Schedule of the Program1/02/95, 12/16/9610/29/99, 64 FR 58340(c)(144).
11.14.08.06Certificates6/10/021/16/03, 68 FR 2208(c)(179).
11.14.08.07Extensions1/02/95, 10/19/9810/29/99, 64 FR 58340(c)(144).
11.14.08.08Enforcement1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.09Inspection Standards6/10/021/16/03, 68 FR 2208(c)(179).
11.14.08.10General Requirements for Inspection and Preparation for Inspection1/02/95, 12/16/96,
   10/19/98
10/29/99, 64 FR 58340(c)(144).
11.14.08.11Idle Exhaust Emissions Test and Equipment Checks10/18/9810/29/99, 64 FR 58340(c)(144).
11.14.08.11-1Transient Exhaust Emissions Test and Evaporative Purge Test Sequence12/16/96, 10/19/9810/29/99, 64 FR 58340(c)(144).
11.14.08.12Evaporative Integrity Test, Gas Cap Leak Test, and On-Board Diagnostics Interrogation Procedures6/10/021/16/03, 68 FR 2208(c)(179).
11.14.08.13Failed Vehicle and Reinspection Procedures1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.14Dynamometer System Specifications1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.15Constant Volume Sampler, Analysis System, and Inspector Control Specifications1/02/95, 10/19/9810/29/99, 64 FR 58340(c)(144).
11.14.08.16Evaporative Test Equipment, Gas Cap Leak Test Equipment, and On-Board Diagnostics Interrogation Equipment Specifications6/10/021/16/03, 68 FR 2208(c)(179).
11.14.08.17Quality Assurance and Maintenance—General Requirements1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.18Test Assurance Procedures1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.19Dynamometer Periodic Quality Assurance Checks1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.20Constant Volume Sampler Periodic Quality Assurance Checks1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.21Analysis System Periodic Quality Assurance Checks1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.22Evaporative Test Equipment, Gas Cap Leak Test Equipment and On-Board Diagnostics Interrogation Equipment Periodic Quality Assurance Checks1/2/95
10/19/98
10/29/99 64 FR 58340(c)(144).
11.14.08.23Overall System Performance Quality Assurance1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.24Control Charts1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.25Gas Specifications1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.26Vehicle Emissions Inspection Station1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.27Technician's Vehicle Report1/02/95, 10/19/9810/29/99, 64 FR 58340(c)(144).
11.14.08.28Feedback Reports1/02/95, 10/19/9810/29/99, 64 FR 58340(c)(144).
11.14.08.29Certified Emissions Technician1/02/95, 12/16/9610/29/99, 64 FR 58340(c)(144).
11.14.08.30Certified Emissions Repair Facility1/02/95, 12/16/9610/29/99, 64 FR 58340(c)(144).
11.14.08.31On-Highway Emissions Test1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.32Fleet Inspection Station1/02/95, 12/16/96,
   10/19/98
10/29/99, 64 FR 58340(c)(144).
11.14.08.33Fleet Inspection Standards1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.34Fleet Inspection and Reinspection Methods1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.35Fleet Equipment and Quality Assurance Requirements1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.36Fleet Personnel Requirements1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.37Fleet Calibration Gas Specifications and Standard Reference Materials1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.38Fleet Recordkeeping Requirements1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.39Fleet Fees1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.40Fleet License Suspension and Revocation1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.41Audits1/02/9510/29/99, 64 FR 58340(c)(144).
11.14.08.42Fleet Inspection After 19981/02/95, 2/16/96,
   10/19/98
10/29/99, 64 FR 58340(c)(144).
03.03.05   Motor Fuel Inspection [Contingency SIP Measure]
03.03.05.01Definitions12/18/951/30/96, 61 FR 2982(c)(101)(i)(B)(4); Approved as a contingency SIP measure as part of the CO Maintenance Plans for Baltimore and DC. [(c)(117) and (c)(118)].
03.03.05.01-1Standard Specifications for Gasoline12/18/951/30/96, 61 FR 2982
03.03.05.02-1Other Motor Vehicle Fuels10/26/926/10/94, 58 FR 29957
03.03.05.05Labeling of Pumps12/18/951/30/96, 61 FR 2982
03.03.05.08Samples and Test Tolerance10/26/926/10/94, 58 FR 29957
03.03.05.15Commingled Products10/26/926/10/94, 58 FR 29957
03.03.06   Emissions Control Compliance [Contingency SIP Measure]
03.03.06.01Definitions12/18/951/30/96, 61 FR 2982(c)(101)(i)(B)(5); Approved as a contingency SIP measure as part of the CO Maintenance Plans for Baltimore and DC. [(c)(117) and (c)(118)].
03.03.06.02Vapor Pressure Determination10/26/926/10/94, 58 FR 29957
03.03.06.03Oxygen Content Determination12/18/951/30/96, 61 FR 2982
03.03.06.04Registration10/26/926/10/94, 58 FR 29957
03.03.06.05Record Keeping10/26/926/10/94, 58 FR 29957
03.03.06.06Transfer Documentation12/18/951/30/96, 61 FR 2982
20.79.01   Applications Concerning the Construction or Modification of Generating Stations and Overhead Transmission Lines—General
20.79.01.01A, .01C, and .01DScope12/28/092/10/12, 77 FR 6963Added; limited approval.
20.79.01.02A and .02B(1) through (13), (14)(a), (15), (16), and (18) through (20)Definitions12/28/092/10/12, 77 FR 6963Added; limited approval.
20.79.01.06Modifications to Facilities at a Power Plant12/28/092/10/12, 77 FR 6963Added; limited approval.
20.79.02   Applications Concerning the Construction or Modification of Generating Stations and Overhead Transmission Lines—Administrative Provisions
20.79.02.01Form of Application2/10/972/10/12, 77 FR 6963Added; limited approval.
20.79.02.02Distribution of Application2/10/97;
11/8/04
2/10/12, 77 FR 6963Added; limited approval.
20.79.02.03Proceedings on the Application2/10/97;
11/8/04
2/10/12, 77 FR 6963Added; Limited approval.
20.79.03   Applications Concerning the Construction or Modification of Generating Stations and Overhead Transmission Lines—Details of Filing Requirements—Generating Stations
20.79.03.01Description of Generating Station2/10/97;
11/8/04
2/10/12, 77 FR 6963Added; limited approval.
20.79.03.02A and .02B(1) and (2)Environmental Information2/10/97;
11/8/04
2/10/12, 77 FR 6963Added; limited approval.
TM   Technical Memoranda
TM91-01 [Except Methods 1004A through E]Test Methods and Equipment Specifications for Stationary Sources11/2/989/7/01, 66 FR 46727(c)(153)(i)(D)(5) (Supplement 3 is added).
Annotated Code of Maryland citationTitle/subjectState effective dateEPA approval dateAdditional explanation/citation at 40 CFR 52.1100
Public Utility Companies Article of the Annotated Code of Maryland
Section 7-205Electric Companies—Modification of Power Plant7/01/062/10/12, 77 FR 6963Added; limited approval.
Section 7-207(a), (b)(1), (c), (d), and (e)Generating Stations or Transmission Lines—General Certification Procedure7/01/072/10/12, 77 FR 6963Added; limited approval.
Section 7-207.1(a) and (e)Generating Stations or Transmission Lines—Onsite Generated Electricity; Approval Process7/01/072/10/12, 77 FR 6963Added; limited approval.
Section 7-208 (a)(1), (b) through (f), and (h)(2)Generating Stations or Transmission Lines—Joint Construction of Station and Associated Lines7/01/012/10/12, 77 FR 6963Added; limited approval.
State Government Article of the Annotated Code of Maryland
Section 15-102(a)(1), (a)(2)(bb), (a)(2)(ff), and (a)(2)(ll)Definitions10/1/1212/6/13, 78 FR 73442Added; addresses CAA section 128.
Section 15-103(a), (b)(1) and (b)(2), and (f)Designation of Individuals as public officials10/1/9512/6/13, 78 FR 73442Added; addresses CAA section 128.
Section 15-601(a)Individuals required to file statement10/1/0412/6/13, 78 FR 73442Added; addresses CAA section 128.
Section 15-602(a)(1) through (a)(5)Financial disclosure statement—Filing requirements10/1/0812/6/13, 78 FR 73442Added; addresses CAA section 128.
Section 15-607(a) through (j)Content of statements10/1/0412/6/13, 78 FR 73442Added; addresses CAA section 128.
Section 15-608(a) through (c)Interests attributable to individual filing statement10/1/9512/6/13, 78 FR 73442Added; addresses CAA section 128.

(d) EPA approved state source-specific requirements.

Name of sourcePermit number/typeState effective dateEPA approval dateAdditional explanation
GenOn Chalk Point Generating StationThe 2011 Consent Decree for Chalk Point3/10/115/4/12, 77 FR 26438Docket No. 52.1070(d). The SIP approval includes specific provisions of the 2011 Consent Decree for which the State of Maryland requested approval on October 12, 2011.
Northeast Maryland Waste Disposal AuthoritySecretarial Order11/20/817/7/82, 47 FR 2953152.1100(c)(65) (Wheelabrator-Frye, Inc.).
Northeast Maryland Waste Disposal Authority and Wheelabrator-Frye, Inc. and the Mayor and City Council of Baltimore and BEDCO Development CorpSecretarial Order2/25/838/24/83, 45 FR 5517952.1100(c)(70) (Shutdown of landfill for offsets).
Westvaco CorpConsent Order9/6/83; Rev. 1/26/8412/20/84, 49 FR 4945752.1100(c)(74).
Potomac Electric Power Company (PEPCO)Administrative Consent Order9/13/9912/15/00, 65 FR 7841652.1100(c)(151).
Thomas Manufacturing CorpConsent Decree2/15/0111/15/01, 66 FR 5739552.1100(c)(167).
Constellation Power Source Generation, Inc.—Brandon Shores Units #1 & 2; Gould Street Unit #3; H.A. Wagner Units #1, 2, 3 & 4; C.P. Crane Units #1 & 3; and Riverside Unit #4Consent Order and NOX RACT Averaging Plan Proposal4/25/012/27/02, 67 FR 889752.1100(c)(168).
Kaydon Ring and Seal, IncConsent Order3/5/048/31/04, 69 FR 53002(c)(190).
Perdue Farms, IncConsent Order2/1/051/11/07, 72 FR 129152.1070(d)(1).

(e) EPA-approved nonregulatory and quasi-regulatory material.

Name of non-regulatory SIP revisionApplicable geographic areaState submittal dateEPA approval dateAdditional
explanation
Base Year Emissions InventoryMetropolitan Baltimore Ozone Nonattainment Area 19909/20/9510/30/95, 60 FR 5532152.1075(a) CO.
1990 Base Year Emissions InventoryMetropolitan Washington Ozone Nonattainment Area3/21/94
10/12/95
1/30/96, 61 FR 293152.1075(b) CO.
1990 Base Year Emissions InventoryAll ozone nonattainment areas3/21/949/27/96, 61 FR 5071552.1075(c) VOC, NOX, CO.
1990 Base Year Emissions InventoryKent & Queen Anne's Counties3/21/949/27/96, 61 FR 5071552.1075(d) VOC, NOX, CO.
1990 Base Year Emissions InventoryMetropolitan Washington Ozone Nonattainment Area3/21/944/23/97, 62 FR 1967652.1075(e) VOC, NOX, CO.
1990 Base Year Emissions InventoryMetropolitan Washington Ozone Nonattainment Area12/24/977/8/98, 63 FR 3685452.1075(f) VOC, NOX.
1990 Base Year Emissions InventoryMetropolitan Baltimore Ozone Nonattainment Area12/24/972/3/00, 65 FR 524552.1075(g) VOC, NOX.
1990 Base Year Emissions InventoryPhiladelphia-Wilmington-Trenton Ozone Nonattainment Area (Cecil County)12/24/97, 4/29/98, 12/21/99, 12/28/002/3/00, 65 FR 5252, 9/19/01, 66 FR 4820952.1075(h) VOC, NOX.
15% Rate of Progress PlanPhiladelphia-Wilmington-Trenton Ozone Nonattainment Area (Cecil County)7/12/95, #95-207/29/97, 62 FR 4045752.1076(a).
Stage II Vapor Recovery Comparability PlanWestern Maryland & Eastern Shore Counties11/5/9712/9/98, 63 FR 6778052.1076(b).
15% Rate of Progress PlanMetropolitan Baltimore Ozone Nonattainment Area10/7/982/3/00, 65 FR 524552.1076(c).
15% Rate of Progress PlanMetropolitan Washington Ozone Nonattainment Area5/5/987/19/00, 65 FR 4468652.1076(d).
Post-1996 Rate of Progress Plan & contingency measuresPhiladelphia-Wilmington-Trenton Ozone Nonattainment Area (Cecil County)12/24/97, 4/24/982/3/00, 65 FR 525252.1076(f).
   8/18/98, 12/21/999/19/01, 66 FR 44809
   12/28/00, 3/8/044/15/04, 69 FR 1993952.1076(f)(3).
Ozone Attainment PlanPhiladelphia-Wilmington-Trenton Ozone Nonattainment Area (Cecil County)4/29/98, 8/18/98, 12/21/99, 12/28/00, 8/31/0110/29/01, 66 FR 5457852.1076(h).
   9/2/0310/27/03, 68 FR 61103
Transportation Conformity BudgetsPhiladelphia-Wilmington-Trenton Ozone Nonattainment Area (Cecil County)4/29/98, 8/18/98, 12/21/99, 12/28/0010/29/01, 66 FR 5457852.1076(i).
Post-1996 Rate of Progress Plan & contingency measuresMetropolitan Baltimore Ozone Nonattainment Area12/24/97, 4/24/98, 8/18/98, 12/21/99, 12/28/009/26/01, 66 FR 4910852.1076(j).
Ozone Attainment PlanMetropolitan Baltimore Ozone Nonattainment Area4/29/98, 8/18/98, 12/21/99, 12/28/00, 8/31/0110/30/01, 66 FR 5466652.1076(k).
   9/2/0310/27/03, 68 FR 6110352.1076(k).
Mobile budgetsMetropolitan Baltimore Ozone Nonattainment Area8/31/0110/30/01, 66 FR 5466652.1076(l).
   9/2/0310/27/03, 68 FR 61103
Mobile budgets (2005)Metropolitan Baltimore Ozone Nonattainment Area9/2/0310/27/03, 68 FR 6110352.1076(m).
   Philadelphia-Wilmington-Trenton Ozone Nonattainment Area (Cecil County)
Mobile budgets (2005 Rate of Progress Plan)Metropolitan Baltimore Ozone Nonattainment Area11/3/032/13/04, 69 FR 713352.1076(n).
Extension for incorporation of the on-board diagnostics (OBD) testing program into the Maryland I/M SIPAll ozone nonattainment areas7/9/021/16/03, 68 FR 220852.1078(b).
Photochemical Assessment Monitoring Stations (PAMS) ProgramMetropolitan Baltimore and Metropolitan Washington Ozone Nonattainment Areas3/24/949/11/95, 60 FR 4708152.1080.
Consultation with Local Officials (CAA Sections 121 & 127)All nonattainment & PSD areas10/8/814/8/82, 47 FR 1514052.1100(c)(63).
Lead (Pb) SIPCity of Baltimore10/23/802/23/82, 47 FR 783552.1100(c)(60), (61).
TM#90-01—“Continuous Emission Monitoring Policies and Procedures”—October 1990Statewide9/18/912/28/96, 61 FR 741852.1100(c)(106); approved into SIP as “additional material”, but not IBR'd.
Carbon Monoxide Maintenance PlanCity of Baltimore—Regional Planning District 1189/20/95
7/15/04
7/15/04
10/31/95 60 FR 55321
4/04/05 70 FR 16958
52.1100(c)(117).
Revised Carbon Monoxide Maintenance Plan Base Year Emissions Inventory using MOBILE6.
Carbon Monoxide Maintenance PlanMontgomery County Election Districts 4, 7, and 13; Prince Georges County Election Districts 2, 6, 12, 16, 17, and 1810/12/95
3/3/04
1/30/96 61 FR 2931
4/04/05 70 FR 16958
52.1100(c)(118).
Revised Carbon Monoxide Maintenance Plan Base Year Emissions Inventory using MOBILE6.
Ozone Maintenance PlanKent and Queen Anne's Counties2/4/0410/21/04, 69 FR 6176652.1100(c)(187); SIP effective date is 11/22/04.
1996-1999 Rate-of-Progress Plan SIP and the Transportation Control Measures (TCMs) in Appendix HWashington DC 1-hour ozone nonattainment area12/20/97, 5/20/995/16/05, 70 FR 25688Only the TCMs in Appendix H of the 5/20/1999 revision.
   1999 motor vehicle emissions budgets of 128.5 tons per day (tpy) of VOC and 196.4 tpy of NOX.
1990 Base Year Inventory RevisionsWashington DC 1-hour ozone nonattainment area9/2/03, 2/24/045/16/05, 70 FR 25688.
1999-2005 Rate-of-Progress Plan SIP Revision and the Transportation Control Measures (TCMs) in Appendix JWashington DC 1-hour ozone nonattainment area9/2/03, 2/24/045/16/05, 70 FR 25688Only the TCMs in Appendix J of the 2/24/2004 revision 2002 motor vehicle emissions budgets (MVEBs) of 125.2 tons per day (tpy) for VOC and 290.3 tpy of NOX, and, 2005 MVEBs of 97.4 tpy for VOC and 234.7 tpy of NOX.
VMT Offset SIP RevisionWashington DC 1-hour ozone nonattainment area9/2/03, 2/24/045/16/05, 70 FR 25688
Contingency Measure PlanWashington, DC Area9/2/03, 2/24/045/16/05, 70 FR 25688
1-hour Ozone Modeled Demonstration of AttainmentWashington DC 1-hour ozone nonattainment area9/2/03, 2/24/045/16/05, 70 FR 25688
Attainment Demonstration and Early Action Plan for the Washington County Ozone Early Action Compact AreaWashington County12/20/04, 2/28/058/17/05, 70 FR 48283
1-Hour Ozone Attainment PlanWashington DC 1-hour ozone nonattainment area9/2/03 2/24/0411/16/05 70 FR 69440
8-Hour Ozone Maintenance Plan for the Kent and Queen Anne's AreaKent and Queen Anne's Counties5/2/06 5/19/0612/22/06 71 FR 76920
Reasonable Further Progress Plan (RFP), Reasonably Available Control Measures, and Contingency MeasuresBaltimore 1997 8-hour ozone moderate nonattainment area6/4/076/4/10, 75 FR 31709
2002 Base Year Inventory for VOC, NOX, and COBaltimore 1997 8-hour ozone moderate nonattainment area6/4/076/4/10, 75 FR 31709
2008 RFP Transportation Conformity BudgetsBaltimore 1997 8-hour ozone moderate nonattainment area6/4/076/4/10, 75 FR 31709
Reasonable Further Progress Plan (RFP), Reasonably Available Control Measures, and Contingency MeasuresMaryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area6/4/076/11/10, 75 FR 33172
2002 Base Year Inventory for VOC, NOX, and COMaryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area6/4/076/11/10, 75 FR 33172
2008 RFP Transportation Conformity BudgetsMaryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area6/4/076/11/10, 75 FR 33172
Reasonable Further Progress Plan (RFP), Reasonably Available Control Measures, and Contingency MeasuresWashington DC-MD-VA 1997 8-hour ozone moderate nonattainment area6/12/079/20/11,76 FR 58116.
2002 Base Year Inventory for VOC, NOX, and COWashington DC-MD-VA 1997 8-hour ozone moderate nonattainment area6/12/079/20/11,76 FR 58116.
2008 RFP Transportation Conformity BudgetsWashington DC-MD-VA 1997 8-hour ozone moderate nonattainment area6/12/079/20/11,76 FR 58116
Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone NAAQSStatewide7/27/07, 11/30/07,11/25/11, 76 FR 72624This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
   7/31/09, 6/23/118/2/12, 77 FR 45949This action addresses the following CAA elements or portions thereof: 110(a)(2)(C), (D)(i)(II), and (J).
Section 110(a)(2) Infrastructure Requirements for the 1997 PM2.5 NAAQSStatewide4/3/08, 4/16/1011/25/11, 76 FR 72624This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
   7/31/09, 6/23/118/2/12, 77 FR 45949This action addresses the following CAA elements or portions thereof: 110(a)(2)(C), (D)(i)(II), and (J).
Section 110(a)(2) Infrastructure Requirements for the 2006 PM2.5 NAAQSStatewide4/16/10, 7/21/1011/25/11, 76 FR 72624This action addresses the following CAA elements or portions thereof: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
   7/31/09, 6/23/118/2/12, 77 FR 45949This action addresses the following CAA elements or portions thereof: 110(a)(2)(C), (D)(i)(II), and (J).
RACT under the 1997 8-hour ozone NAAQSStatewide10/17/117/13/12, 77 FR 41278
Maryland Regional Haze PlanStatewide2/13/127/6/2012, 77 FR 33938
2002 Base Year Emissions Inventory for the 1997 fine particulate matter (PM2.5) standardMaryland portion of the Washington DC-MD-VA 1997 PM2.5 nonattainment area4/3/0810/10/12, 77 FR 61513§52.1075(l)
Attainment Demonstration for the 1997 8-Hour Ozone National Ambient Air Quality Standard and its Associated Motor Vehicle Emissions BudgetsMaryland-Philadelphia-Wilmington-Atlantic City Moderate Nonattainment Area06/04/0710/29/12, 77 FR 65488
2002 Base Year Emissions Inventory for the 1997 fine particulate matter (PM2.5) standardWashington County, Maryland 1997 PM2.5 nonattainment area6/6/0812/7/12, 77 FR 72966§52.1075(m)
2002 Base Year Emissions Inventory for the 1997 fine particulate matter (PM2.5) standardBaltimore, Maryland 1997 PM2.5 nonattainment area6/8/0812/10/12, 77 FR 73313§52.1075(n)
Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide NAAQSStatewide.8/14/20137/14/2014, 79 FR 40665This action addresses the following CAA elements: 110(a)(2) (A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M).
Section 110(a)(2) Infrastructure Requirements for the 2008 Lead NAAQSStatewide1/3/2013
8/14/2013
7/16/2014, 79 FR 41437This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L) and (M)

[69 FR 69306, Nov. 29, 2004]

Editorial Note: For Federal Register citations affecting §52.1070, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§52.1071   Classification of regions.

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

Air quality control regionPollutant
Particulate matterSulfur oxidesNitrogen dioxideCarbon monoxideOzone
Cumberland-Keyser InterstateIIIIIIIIIII
Central Maryland IntrastateIIIIIIIIIIIII
Metropolitan Baltimore IntrastateIIIII
National Capital InterstateIIIIIII
Southern Maryland IntrastateIIIIIIIIIIIIIII
Eastern Shore IntrastateIIIIIIIIIIIIII

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

§52.1072   [Reserved]

§52.1073   Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approves Maryland's plans for the attainment and maintenance of the national standards.

(b)-(g) [Reserved]

[38 FR 33716, Dec. 6, 1973, as amended at 45 FR 53475, Aug. 12, 1980; 47 FR 20128, May 11, 1982; 56 FR 23808, May 24, 1991; 58 FR 50848, Sept. 29, 1993; 61 FR 16061, Apr. 11, 1996; 63 FR 47179, Sept. 4, 1998; 70 FR 25718, 25724, May 13, 2005; 70 FR 69443, Nov. 16, 2005; 74 FR 24705, May 26, 2009; 75 FR 82556, Dec. 30, 2010; 77 FR 52605, Aug. 30, 2012; 78 FR 33984, June 6, 2013]

§52.1074   [Reserved]

§52.1075   Base year emissions inventory.

(a) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventory for the Baltimore Metropolitan Statistical Area, submitted by the Secretary, Maryland Department of the Environment, on September 20, 1995. This submittal consists of the 1990 base year stationary, area, off-road mobile and on-road mobile emission inventories in the Baltimore Metropolitan Statistical Area for the pollutant, carbon monoxide (CO).

(b) EPA approves as a revision to the Maryland Implementation Plan the 1990 base year emission inventory for the Washington Metropolitan Statistical Area, submitted by Secretary, Maryland Department of the Environment, on March 21, 1994 and October 12, 1995. This submittal consist of the 1990 base year stationary, area and off-road mobile and on-road mobile emission inventories in the Washington Statistical Area for the pollutant, carbon monoxide (CO).

(c) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventories for the Maryland ozone nonattainment areas submitted by the Secretary of Maryland Department of Environment on March 21, 1994. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

(d) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventories for the Maryland ozone nonattainment areas: Baltimore nonattainment areas, Cecil County, and Kent and Queen Anne's Counties submitted by the Secretary of Maryland Department of Environment on March 21, 1994. This submittal consists of the 1990 base year point, area, non-road mobile, biogenic and on-road mobile source emission inventories for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

(e) EPA approves as a revision to the Maryland State Implementation Plan the 1990 base year emission inventory for the Maryland portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Secretary of MDE on March 21, 1994. This submittal consists of the 1990 base year point, area, highway mobile, non-road mobile, and biogenic source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NOX).

(f) EPA approves as a revision to the Maryland State Implementation Plan an amendment to the 1990 base year emission inventories for the Maryland portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Secretary of Maryland of the Department Environment on December 24, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile, and non-road mobile source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), and oxides of nitrogen (NOX).

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

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

(i) EPA approves as a revision to the Maryland State Implementation Plan the 2002 base year emissions inventories for the Baltimore 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Maryland Department of the Environment on June 4, 2007. This submittal consists of the 2002 base year point, area, non-road mobile, and on-road mobile source inventories in area for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides (NOX).

(j) EPA approves as a revision to the Maryland State Implementation Plan the 2002 base year emissions inventories for the Maryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Maryland Department of the Environment on June 4, 2007. This submittal consists of the 2002 base year point, area, non-road mobile, and on-road mobile source inventories in area for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides (NOX).

(k) EPA approves as a revision to the Maryland State Implementation Plan the 2002 base year emissions inventories for the Washington DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Maryland Department of the Environment on June 4, 2007. This submittal consists of the 2002 base year point, area, non-road mobile, and on-road mobile source inventories in area for the following pollutants: volatile organic compounds (VOC), carbon monoxide (CO) and nitrogen oxides (NOX).

(l) EPA approves as a revision to the Maryland State Implementation Plan the 2002 base year emissions inventory for the Maryland portion of the Washington DC-MD-VA 1997 fine particulate matter (PM2.5) nonattainment area submitted by the Maryland Department of Environment on April 3, 2008. The 2002 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX), volatile organic compounds (VOCs), PM2.5, coarse particles (PM10), ammonia (NH3), and sulfur dioxide (SO2).

(m) EPA approves as a revision to the Maryland State Implementation Plan the 2002 base year emissions inventory for the Washington County, Maryland 1997 fine particulate matter (PM2.5) nonattainment area submitted by the Maryland Department of Environment on June 6, 2008. The 2002 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX), volatile organic compounds (VOCs), PM2.5, coarse particles (PM10), ammonia (NH3), and sulfur dioxide (SO2).

(n) EPA approves as a revision to the Maryland State Implementation Plan the 2002 base year emissions inventory for the Baltimore, Maryland 1997 fine particulate matter (PM2.5) nonattainment area submitted by the Maryland Department of Environment on June 6, 2008. The 2002 base year emissions inventory includes emissions estimates that cover the general source categories of point sources, non-road mobile sources, area sources, on-road mobile sources, and biogenic sources. The pollutants that comprise the inventory are nitrogen oxides (NOX), volatile organic compounds (VOCs), PM2.5, coarse particles (PM10), ammonia (NH3), and sulfur dioxide (SO2).

[60 FR 55326, Oct. 31, 1995]

Editorial Note: For Federal Register citations affecting §52.1075, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

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

(a) EPA is approving as a revision to the Maryland State Implementation Plan the 15 Percent Rate of Progress Plan and associated contingency measures for the Cecil County ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on July 21, 1995.

(b) EPA approves as a revision to the Maryland State Implementation Plan, the Stage II vapor recovery comparability plan for the counties of Allegany, Caroline, Dorchester, Garrett, Kent, Queen Anne's, Somerset, St. Mary's, Talbot, Washington, Wicomico, and Worcester Counties submitted by the Maryland Department of the Environment on November 5, 1997.

(c) EPA approves as a revision to the Maryland State Implementation Plan, the 15 Percent Rate of Progress Plan for the Baltimore ozone nonattainment area, submitted by the Secretary of Maryland Department of the Environment on October 7, 1998.

(d) EPA approves the Maryland's 15 Percent Rate of Progress Plan for the Maryland portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Secretary of the Maryland Department of the Environment on May 5, 1998.

(e) [Reserved]

(f)(1) EPA approves revisions to the Maryland State Implementation Plan for post 1996 rate of progress plans for milestone years 1999, 2002 and 2005 for the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

(2) EPA approves the contingency plans for failure to meet rate of progress in the Cecil County portion of the Philadelphia-Wilmington-Trenton ozone nonattainment area for milestone years 1999, 2002 and 2005. These plans were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

(3) EPA approves revisions to the Maryland State Implementation Plan, submitted by the Secretary of the Maryland Department of the Environment on March 8, 2004, for the rate-of-progress (ROP) plan for year 2005 for the Cecil County portion of the Philadelphia-Wilmington-Trenton 1-hour ozone nonattainment area. These revisions update Cecil County's 2005 ROP plan's 1990 and 2005 motor vehicle emissions inventories and motor vehicle emissions budgets to reflect the use of the MOBILE6 emissions model, establish motor vehicle emissions budgets of 3.0 tons per day (tpd) of volatile organic compounds and 11.3 tpd of nitrogen oxides, and amend the contingency measures associated with the 2005 ROP plan for Cecil County.

(g) [Reserved]

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

(i) EPA approves the following mobile budgets of Maryland's attainment plan for the Philadelphia area:

Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area

Type of control strategy SIP Year VOC (TPD) NOX (TPD)
Attainment Demonstration20053.011.3

(1) [Reserved]

(2) Similarly, EPA is approving the 2005 attainment demonstration and its current budgets because Maryland has provided an enforceable commitment to submit new budgets as a SIP revision to the attainment plan consistent with any new measures submitted to fill any shortfall, if the new additional control measures affect on-road motor vehicle emissions.

(j)(1) EPA approves revisions to the Maryland State Implementation Plan for post 1996 rate of progress plans for milestone years 1999, 2002 and 2005 for the Baltimore severe ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

(2) EPA approves the contingency plans for failure to meet rate of progress in the Baltimore severe ozone nonattainment area for milestone years 1999, 2002 and 2005. These plans were submitted by the Secretary of the Maryland Department of the Environment on December 24, 1997, as revised on April 24 and August 18, 1998, December 21, 1999 and December 28, 2000.

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

(l) EPA approves the following mobile budgets of the Baltimore area attainment plan:

Transportation Conformity Budgets for the Baltimore Area

Type of control strategy SIP Year VOC (TPD) NOX (TPD)
Attainment Demonstration200555.0146.9

(1) [Reserved]

(2) Similarly, EPA is approving the 2005 attainment demonstration and its current budgets because Maryland has provided an enforceable commitment to submit new budgets as a SIP revision to the attainment plan consistent with any new measures submitted to fill any shortfall, if the new additional control measures affect on-road motor vehicle emissions.

(m) EPA approves the State of Maryland's revised 1990 and the 2005 VOC and NOX highway mobile emissions inventories and the 2005 motor vehicle emissions budgets for the one-hour ozone attainment plans for the Baltimore severe ozone nonattainment area and the Cecil County portion of the Philadelphia-Wilmington-Trenton severe ozone nonattainment area. These revisions were submitted by the Maryland Department of the Environment on September 2, 2003. Submission of these revised MOBILE6-based motor vehicle emissions inventories was a requirement of EPA's approval of the attainment demonstration under paragraphs (h) and (k) of this section.

(n) EPA approves revisions to the Maryland State Implementation Plan for Post-1996 Rate of Progress (ROP) Plans for the Baltimore severe 1-hour ozone nonattainment area. These revisions were submitted by the Secretary of the Maryland Department of the Environment on December 23, 2003 and consist of the following:

(1) Revisions to the base year 1990 emissions inventory which reflect the use of the MOBILE6 motor vehicle emissions model. These revisions establish motor vehicle emissions inventories for 1990 of 165.14 tons per day of volatile organic compounds (VOC) and 228.21 tons per day of oxides of nitrogen (NOX).

(2) Revisions to the year 2005 motor vehicle emissions budgets (MVEBs) for transportation conformity purposes, reflecting the use of the MOBILE6 motor vehicle emissions model. These revisions establish a motor vehicle emissions budget of 55 tons per day of volatile organic compounds (VOC) and 144.5 tons per day of oxides of nitrogen (NOX). EPA approved new 2005 MOBILE6-based MVEBs for the Baltimore area's 1-hour ozone attainment demonstration on October 27, 2003 (68 FR 61106). Those MVEBs became effective on November 26, 2003. The approved 2005 attainment plan MVEBs budgets are 55.3 tons per day of VOC and 146.9 tons per day of NOX. The MVEBs of the 2005 ROP plan are less than the MVEBs in the approved attainment demonstration. These more restrictive MVEBs, contained in the ROP plan, are the applicable MVEBs to be used in transportation conformity demonstrations for the year 2005 for the Baltimore area.

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

(o) Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Washington, DC severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Washington, DC severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees.

(p) Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Philadelphia-Wilmington-Trenton severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees.

(q) EPA approves revisions to the Maryland State Implementation Plan consisting of the 2008 reasonable further progress (RFP) plan, reasonably available control measures, and contingency measures for the Baltimore 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Maryland Department of the Environment on June 4, 2007.

(r) EPA approves the following 2008 RFP motor vehicle emissions budgets (MVEBs) for the Baltimore 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Maryland Department of the Environment on June 4, 2007:

Transportation Conformity Emissions Budgets for the Baltimore Area

Type of control strategy SIPYearVOC
(TPD)
NOX (TPD)Effective date of adequacy determination
or SIP approval
Rate of Progress Plan200841.2106.8April 13, 2009, (74 FR 13433), published March 27, 2009.

(s) EPA approves revisions to the Maryland State Implementation Plan consisting of the 2008 reasonable further progress (RFP) plan, reasonably available control measures, and contingency measures for the Maryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Maryland Department of the Environment on June 4, 2007.

(t) EPA approves the following 2008 RFP motor vehicle emissions budgets (MVEBs) for the Maryland portion of the Philadelphia 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Maryland Department of the Environment on June 4, 2007:

Transportation Conformity Emissions Budgets for the Maryland Portion of the Philadelphia Area

Type of control strategy SIPYearVOC
(TPD)
NOX
(TPD)
Effective date of adequacy determination or SIP approval
Rate of Progress Plan20082.37.9April 13, 2009, (74 FR 13433), published March 27, 2009.

(u) EPA approves revisions to the Maryland State Implementation Plan consisting of the 2008 reasonable further progress (RFP) plan, reasonably available control measures, and contingency measures for the Washington DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Secretary of the Maryland Department of the Environment on June 4, 2007.

(v) EPA approves the following 2008 RFP motor vehicle emissions budgets (MVEBs) for the Washington, DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007:

Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area

Type of control
strategy SIP
YearVOC
(TPD)
NOX
(TPD)
Effective date of adequacy
determination or
SIP approval
Rate of Progress Plan200870.8159.8September 21, 2009 (74 FR 45853), published September 4, 2009.

(w) Determination of attainment. EPA has determined, as of February 28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 8-hour ozone NAAQS.

(x) Determination of attainment. EPA has determined, as of March 26, 2012, that based on 2008 to 2010 ambient air quality data, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area has attained the 1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual 8-hour ozone NAAQS.

(y) Determination—EPA has determined that, as of July 12, 2012, the Baltimore 1-hour ozone nonattainment area has attained the 1-hour ozone standard and that this determination obviates the requirement for Maryland to submit for the Baltimore area the 1-hour ozone contingency measure requirements of section 172(c)(9) of the Clean Air Act.

(z) EPA approves the attainment demonstration portion of the attainment plan for the 1997 8-hour ozone NAAQS for the Philadelphia Area submitted as a revision to the State Implementation Plan by the Secretary of the Maryland Department of the Environment on June 4, 2007. EPA also approves the 2009 motor vehicle emissions budgets associated with the attainment demonstration for Cecil County, Maryland.

Transportation Conformity Budgets for the Maryland Portion of the Philadelphia Area

Type of control strategy SIPYearVOC
(TPD)
NOX
(TPD)
Attainment Demonstration20097.32.2

[62 FR 40458, July 29, 1997]

Editorial Note: For Federal Register citations affecting §52.1076, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§§52.1077-1079   [Reserved]

§52.1080   Photochemical Assessment Monitoring Stations (PAMS) Program.

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

[60 FR 47084, Sept. 11, 1995]

§52.1081   Control strategy: Particulate matter.

(a) Determination of Attainment. EPA has determined, as of January 12, 2009, the Maryland portion of the Metropolitan Washington, DC-MD-VA nonattainment area for the 1997 PM2.5 NAAQS has attained the 1997 PM2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspends the requirements for this area to submit an attainment demonstration and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as the area continues to attain the 1997 PM2.5 NAAQS.

(b) Determination of Attainment. EPA has determined, as of November 20, 2009, the Martinsburg-Hagerstown, WV-MD PM2.5 nonattainment area has attained the 1997 PM2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(c), suspend the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 PM2.5 NAAQS.

(c) Determination of Attainment. EPA has determined, as of May 22, 2012, based on ambient air quality data of 2008 to 2010 and the preliminary data of 2011, that the PM2.5 nonattainment area of Baltimore, Maryland has attained the 1997 annual PM2.5 NAAQS. This determination, in accordance with 40 CFR 51.1004(c), suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual PM2.5 NAAQS.

[74 FR 1148, Jan. 12, 2009, as amended at 74 FR 60203, Nov. 20, 2009; 77 FR 30212, May 22, 2012]

§52.1082   Determinations of attainment.

(a) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Metropolitan Washington, District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle (PM2.5) nonattainment area attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Metropolitan Washington, DC-MD-VA nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).

(b) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Martinsburg-Hagerstown, West Virginia-Maryland (WV-MD) fine particle (PM2.5) nonattainment area attained the 1997 annual PM2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Martinsburg-Hagerstown, WV-MD nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).

(c) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2010. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Washington, DC-MD-VA moderate nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A).

(d) Based upon EPA's review of the air quality data for the 3-year period 2008 to 2010, EPA determined that Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE 8-hour ozone moderate nonattainment area (the Philadelphia Area) attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of June 15, 2011. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Philadelphia Area nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 181(b)(2)(A).

(e) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the PM2.5 nonattainment area of Baltimore, Maryland attained the 1997 annual PM2.5 NAAQS by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the NAAQS. EPA has also determined that the PM2.5 nonattainment area of Baltimore, Maryland is not subject to the consequences of failing to attain pursuant to section 179(d).

(f) Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA determined, as of July 12, 2012, that the Baltimore 1-hour ozone nonattainment area did not attain the 1-hour ozone standard as of its applicable 1-hour ozone attainment date of November 15, 2005.

(g) Based on 2009-2011 complete, quality-assured ozone monitoring data at all monitoring sites in the Baltimore 1-hour ozone nonattainment area, EPA determined, as of July 12, 2012, that the Baltimore 1-hour ozone nonattainment area has attained the 1-hour ozone standard.

[77 FR 1413, Jan. 10, 2012, as amended at 77 FR 11741, Feb. 28, 2012; 77 FR 17344, Mar. 26, 2012; 77 FR 30212, May 22, 2012; 77 FR 34819, June 12, 2012]

§52.1083   [Reserved]

§52.1084   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?

(a)(1) The owner and operator of each source and each unit located in the State of Maryland and for which requirements are set forth under the TR NOX Annual Trading Program in subpart AAAAA of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Maryland's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.38(a), except to the extent the Administrator's approval is partial or conditional.

(2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of Maryland's SIP revision described in paragraph (a)(1) of this section, the Administrator has already started recording any allocations of TR NOX Annual allowances under subpart AAAAA of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart AAAAA of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR NOX Annual allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

(b)(1) The owner and operator of each source and each unit located in the State of Maryland and for which requirements are set forth under the TR NOX Ozone Season Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Maryland's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.38(b), except to the extent the Administrator's approval is partial or conditional.

(2) Notwithstanding the provisions of paragraph (b)(1) of this section, if, at the time of the approval of Maryland's SIP revision described in paragraph (b)(1) of this section, the Administrator has already started recording any allocations of TR NOX Ozone Season allowances under subpart BBBBB of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart BBBBB of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR NOX Ozone Season allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

[76 FR 48366, Aug. 8, 2011]

§52.1085   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?

(a) The owner and operator of each source and each unit located in the State of Maryland and for which requirements are set forth under the TR SO2 Group 1 Trading Program in subpart CCCCC of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Maryland's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the TR Federal Implementation Plan under §52.39, except to the extent the Administrator's approval is partial or conditional.

(b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Maryland's SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of TR SO2 Group 1 allowances under subpart CCCCC of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart CCCCC of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of TR SO2 Group 1 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

[76 FR 48367, Aug. 8, 2011]

§§52.1086-52.1099   [Reserved]

§52.1100   Original identification of plan section.

(a) This section identifies the original “Air Implementation Plan for the State of Maryland” and all revisions submitted by Maryland that were federally approved prior to November 1, 2004. The information in this section is available in the 40 CFR, part 52, Volume 2 of 2 (§§52.1019 to the end of part 52) editions revised as of July 1, 2005 through July 1, 2011, and the 40 CFR, part 52, Volume 2 of 3 (§§52.1019 to 52.2019) edition revised as of July 1, 2012.

(b) [Reserved]

[78 FR 33984, June 6, 2013]

§§52.1101-52.1109   [Reserved]

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

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

[59 FR 25333, May 16, 1994]

§§52.1111-52.1115   [Reserved]

§52.1116   Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

(b) The following provisions of 40 CFR 52.21 are hereby incorporated and made a part of the applicable State plan for the State of Maryland.

(1) Definition of federally enforceable (40 CFR 52.21(b)(17)),

(2) Exclusions from increment consumption (40 CFR 52.21(f)(1)(v), (3), (4)(i)),

(3) Redesignation of areas (40 CFR 52.21(g) (1), (2), (3), (4), (5), and (6)),

(4) Approval of alternate models (40 CFR 52.21(1)(2)),

(5) Disputed permits or redesignation (40 CFR 52.21(t), and

(6) Delegation of Authority (40 CFR 52.21(u)(1), (2)(ii), (3), and (4)).

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

§52.1117   Control strategy: Sulfur oxides.

(a) [Reserved]

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

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

§52.1118   [Reserved]

Subpart W—Massachusetts

§52.1119   Identification of plan—conditional approval.

(a) The following plan revisions were submitted on the dates specified.

(1) On November 13, 1992, the Massachusetts Department of Environmental Protection submitted a small business stationary source technical and environmental compliance assistance program (PROGRAM). On July 22, 1993, Massachusetts submitted a letter clarifying portions of the November 13, 1992 submittal. In these submissions, the State commits to submit adequate legal authority to establish and implement a compliance advisory panel and to have a fully operational PROGRAM by November 15, 1994.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated November 13, 1992 submitting a revision to the Massachusetts State Implementation Plan.

(B) State Implementation Plan Revision for a Small Business Technical and Environmental Compliance Assistance Program dated November 13, 1992.

(ii) Additional materials.

(A) Letter from the Massachusetts Department of Environmental Protection dated July 22, 1993 clarifying portions of Massachusetts' November 13, 1992 SIP revision.

(2) [Reserved]

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

§52.1120   Identification of plan.

(a) Title of plan: “Plan for Implementation, Maintenance, and Enforcement of National Primary and Secondary Ambient Air Quality Standards.”

(b) The plan was officially submitted on January 27, 1972.

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

(1) Emergency episode regulations submitted on February 22, 1972, by the Bureau of Air Quality Control, Massachusetts Department of Public Health.

(2) Miscellaneous non-regulatory changes to the plan, wording changes in regulations 2.5 and 2.1 and clarification of Regulations 2.5.1 through 2.5.4 submitted on April 27, 1972, by the Division of Environmental Health, Massachusetts Department of Public Health.

(3) Miscellaneous non-regulatory additions to the plan submitted on May 5, 1972, by the Bureau of Air Quality Control, Massachusetts Department of Public Health.

(4) Miscellaneous changes affecting regulations 2.1, 2.5, 4.2, 4.5.1, 5.6.1, 6.1.2, 6.3.1, 8.1.6, 9.1, 15.1, 51.2, 52.1 and 52.2 of the regulations for all six Air Pollution Control Districts submitted on August 28, 1972 by the Governor.

(5) Letter of concurrence on AQMA identifications submitted on July 23, 1974, by the Governor.

(6) Revision to Regulation No. 5, increasing allowable sulfur content of fuels in the Boston Air Pollution Control District submitted on July 11, 1975, by the Secretary of Environmental Affairs, and on April 1, 1977 and April 20, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(7) Revision to Regulation 50—Variances, Regulations for Control of Air Pollution in the six Massachusetts Air Pollution Control Districts, submitted by letter dated November 14, 1974, by the Governor.

(8) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Merrimack Valley Air Pollution Control District submitted on January 28, 1976 by the Secretary of Environmental Affairs and on August 22, 1977 by the Commissioner of the Department of Environmental Quality Engineering, and additional technical information pertinent to the Haverhill Paperboard Corp., Haverhill, Mass., submitted on December 30, 1976 by the Secretary of Environmental Affairs.

(9) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Pioneer Valley Air Pollution Control District submitted on July 22, 1976 by the Secretary of Environmental Affairs and on August 22, 1977 by the Commissioner of the Department of Environmental Quality Engineering, and additional technical information pertinent to Deerfield Specialty Papers, Inc., Monroe, Mass., submitted on December 27, 1977 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(10) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Central Massachusetts Air Pollution Control District submitted on June 25, 1976 by the Secretary of Environmental Affairs and on August 22, 1977 by the Commissioner of the Department of Environmental Quality Engineering.

(11) Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Central Massachusetts Air Pollution Control District (revised and adopted by the Massachusetts Department of Environmental Quality Engineering on March 29, 1976, with specificprovisions for the City of Fitchburg) submitted on June 25, 1976, by the Secretary of Environmental Affairs.

(12) A revision to Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Southeastern Massachusetts Air Pollution Control District, submitted on December 30, 1976 by the Secretary of Environmental Affairs and on January 31, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(13) A revision to Regulation 5.1, Sulfur Content of Fuels and Control Thereof, for the Berkshire Air Pollution Control District, submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on April 14, 1977, and additional technical information submitted on August 11, 1978, pertaining to the Schweitzer Division, Kimberly-Clark Corporation, Columbia Mill, Lee, and on August 31, 1978, pertaining to Crane and Company, Inc., Dalton.

(14) Revisions to “Regulations for the Prevention and/or Abatement of Air Pollution Episode and Air Pollution Incident Emergencies,” submitted on September 15, 1976 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(15) A revision to Regulation 2.5, Compliance with Emission Limitations, and to Regulation 16, Reduction of Single Passenger Commuter Vehicle Use, for the Pioneer Valley Air Pollution Control District, submitted on May 20, 1977, by the Acting Commissioner of the Executive Office of Environmental Affairs, Department of Environmental Quality Engineering.

(16) Revision to regulation 7 and regulation 9, submitted on December 9, 1977, by the Commissioner of the Massachusetts Department of Environmental Quality and Engineering.

(17) Revision to Regulations 310 CMR 7.05, Sulfur-in-Fuel, and 310 CMR 7.06, Visible Emissions, allowing burning of a coal-oil slurry at New England Power Company, Salem Harbor Station, Massachusetts, submitted on July 5, 1978 by the Commissioner, Massachusetts Department of Environmental Quality Engineering and an extension to 310 CMR 7.06, Visible Emissions, submitted on December 28, 1979.

(18) Revision to Regulation 7.02(11) (formerly Regulation 2.5.3)—Emission Limitation to Incinerators, submitted February 1, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(19) The addition of Regulation 7.17, for the Southeastern Massachusetts Air Pollution Control District, Coal Conversion—Brayton Point Station, New England Power Company, submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on September 7, 1978. Compliance with this revision shall be determined by methods consistent with New Source Performance Standards, proposed Test Method 19, as stated in a letter dated February 8, 1979 from Kenneth Hagg of the Massachusetts Department of Environmental Quality Engineering to Frank Ciavattieri of the Environmental Protection Agency.

(20) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) “Sulfur Content of Fuels and Control Thereof” and a revision for the Metropolitan Boston APCD, and Merrimack Valley APCD submitted on December 28, 1978, by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(21) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1), “Sulfur Content of Fuels and Control Thereof” and a revision to Regulation 310 CMR 7.05(4) “Ash Content of Fuels” for the Pioneer Valley Air Pollution Control District, submitted on January 3, 1979 by the Acting Com0missioner of the Massachusetts Department of Environmental Quality Engineering.

(22) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1), “Sulfur Content of Fuels and Control Thereof” for the Southeastern Massachusetts APCD, submitted on January 31, 1979 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(23) A revision to Regulation 310 CMR 7.05(4) “Ash Content of Fuels” for the Metropolitan Boston Air Pollution Control District, submitted on July 20, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(24) A revision permanently extending Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) “Sulfur Content of Fuels and Control Thereof” for the Central Massachusetts APCD, submitted on March 2, 1979 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering, and a revision removing the seasonal restriction in Fitchburg for Fitchburg Paper Company (55 meter stacks only) and James River-Massachusetts submitted on September 28, 1979 by the Commissioner.

(25) On March 30, 1979 and on April 23, 1979 the Commissioner of the Massachusetts Department of Environmental Quality Engineering submitted the non-attainment area plan for Total Suspended Particulates (TSP) in Worcester, miscellaneous statewide regulation changes, and an extension request for the attainment of TSP secondary standards for areas designated non-attainment as of March 3, 1978.

(26) On May 3, 1979, August 7, 1979, and April 17, 1980, the Commissioner of the Massachusetts Department of Environmental Quality Engineering submitted a revision entitled “Massachusetts Implementation Plan, Amended Regulation—All Districts, New Source Review Element,” relating to construction and operation of major new or modified sources in non-attainment areas.

(27) Revisions to Regulation 310 CMR 7.07, Open Burning, submitted on September 28, 1979 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(28) Revision to the state ozone standard and adoption of an ambient lead standard was submitted by Thomas F. McLoughlin, Acting Commissioner of the Department of Environmental Quality Engineering on August 21, 1979.

(29) A revision varying the provisions of Regulation 310 CMR 7.04(5), Fuel Oil Viscosity, for Cambridge Electric Light Company's Kendall Station, First Street, Cambridge, and Blackstone Station, Blackstone Street, Cambridge, submitted on December 28, 1978 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(30) Attainment plans to meet the requirements of Part D for carbon monoxide and ozone and other miscellaneous provisions were submitted by the Governor of Massachusetts on December 31, 1978 and on May 16, 1979 by the Acting Commissioner of the Department of Environmental Quality Engineering. Supplemental information was submitted on September 19, November 13 and December 7, 1979; and March 20 and April 7, 1980 by DEQE.

(31) A temporary variance to the Provisions of Regulation 310 CMR 7.05, Sulfur Content of Fuels and Control Thereof, for Seaman Paper Company, Otter River. Submitted on March 20, 1980 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(32) A revision to Regulation 7.05(1) “Sulfur Content of Fuels and Control Thereof” for the Metropolitan Boston APCD submitted on November 27, 1979 by the Commissioner of the Department of Environmental Quality Engineering.

(33) A revision to Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) “Sulfur Content of Fuels and Control Thereof” for the Pioneer Valley Air Pollution Control District submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on March 2, 1979 and May 5, 1981.

(34) A revision to Regulation 7.05(1) “Sulfur Content of Fuels and Control Thereof” for the Metropolitan Boston APCD submitted on April 25, 1980 by the Commissioner of the Department of Environmental Quality Engineering.

(35) On January 5, 1981, the Acting Director of the Division of Air Quality Control, Massachusetts Department of Environmental Quality Engineering submitted a revision entitled “Appendix J Transportation Project Level Guidelines” relating to policy guidance on the preparation of air quality analysis for transportation projects.

(36) A comprehensive air quality monitoring plan, intended to meet requirements of 40 CFR part 58, was submitted by the Commissioner of the Department of Environmental Quality Engineering on January 28, 1980.

(37) A revision submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on September 12, 1980 adding a new regulation 310 CMR 7.19 “Interim Sulfur-in-Fuel Limitations for Fossil Fuel Utilization Facilities Pending Conversion to an Alternate Fuel or Implementation of Permanent Energy Conservation Measures.”

(38) A variance of Regulation 310 CMR 7.05(1)(d)(2) “Sulfur Control of Fuels and Control Thereof” for the Metropolitan Boston Air Pollution Control District, submitted on November 25, 1980, by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(39) Revisions to meet the requirements of Part D and certain other sections of the Clean Air Act, as amended, for making a commitment to public transportation in the Boston urban region which were submitted on July 9, 1981 and on July 30, 1981.

(40) Regulations 310 CMR (14), (15), and (16), for paper, fabric, and vinyl surface coaters to meet the requirements of Part D for ozone were submitted by the Governor of Massachusetts on March 6, 1981.

(41) A revision to Regulation 7.05(1)(c) “Sulfur Content of Fuels Control Thereof for the Merrimack Valley Air Pollution Control District” allowing the burning of higher sulfur content fuel oil at Haverhill Paperboard Corporation, Haverhill.

(42) Regulation 310 CMR 7.18(2)(b), to allow existing surface coating lines regulated under 310 CMR 7.18 (4), (5), (6), (7), (10), (11), (12), (14), (15) and (16) to bubble emissions to meet the requirements of Part D for ozone was submitted by the Governor on March 6, 1981, and a letter clarifying state procedures was submitted on November 12, 1981. The emission limitations required by the federally-approved portion of 310 CMR 7.18 are the applicable requirements of the Massachusetts SIP for the purpose of section 113 of the Clean Air Act and shall be enforceable by EPA and by citizens in the same manner as other requirements of the SIP; except that emission limitations adopted by the state under and which comply with 310 CMR 7.18(2)(b) and the procedures set out in the letter of November 12, 1981 shall be the applicable requirements of the Massachusetts SIP in lieu of those contained elsewhere in 310 CMR 7.18 and shall be enforceable by EPA and by citizens.

(43) A revision to Regulation 7.05(1)(d) “Sulfur Content of Fuels and Control Thereof for the Metropolitan Boston Air Pollution Control District” allowing the burning of higher sulfur content fuel oil at Eastman Gelatine Corporation, Peabody, submitted on September 24, 1981 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering.

(44) The Massachusetts Department of Environmental Quality Engineering submitted an updated VOC emissions inventory on September 3, 1981, and the procedures to annually update this inventory on November 4, 1981.

(45) A revision to Regulation 7.05(1)(e) “Sulfur Content of Fuels and Control Thereof for the Pioneer Valley Air Pollution Control District” allowing the burning of higher sulfur content fuel oil at the Holyoke Gas and Electric Department, Holyoke.

(46) A revision submitted on December 29, 1981 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning of higher sulfur content fuel oil at the ATF Davidson Company, Northbridge, until December 1, 1983.

(47) Regulation 310 CMR 7.18(10) for metal coil coating was submitted on June 24, 1980 by the Commissioner of the Department of Environmental Quality Engineering, in order to meet Part D requirements for ozone.

(48) Regulations 310 CMR 7.18(11), Surface Coating of Miscellaneous Metal Parts and Products and (12), Graphic Arts—Rotogravure and Flexography with test methods; and (13) Perchloroethylene Dry Cleaning Systems without test methods, were submitted on July 21, 1981 and March 10, 1982 by the Department of Environmental Quality Engineering to meet Part D requirements for ozone attainment.

(49) A revision to Regulation 7.17 “Conversions to Coal” submitted by the Commissioner of the Massachusetts Department of Environmental Quality Engineering on January 22, 1982 specifying the conditions under which coal may be burned at the Holyoke Water Power Company, Mount Tom Plant, Holyoke, Massachusetts.

(50) [Reserved]

(51) A revision submitted on September 29, 1982 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning of fuel oil having a sulfur content of 0.55 pounds per million Btu heat release potential at the Northeast Petroleum Corporation, Chelsea, Massachusetts.

(52) A revision submitted on September 28, 1982 by the Commissioner of the Massachusetts Department of Environmental Quality Engineering allowing the burning of higher sulfur content fuel oil at the Polaroid Corporation for a period of up to 30 months commencing on December 1, 1982.

(53)(i) Attainment plans for carbon monoxide and ozone submitted by the Department of Environmental Quality Engineering on September 9, November 2 and November 17, 1982; February 2, March 21, April 7, April 26 and May 16, 1983. These revisions amend Regulations 310 CMR 7.18 (3)-(7), (9)-(16); and add Regulation 310 CMR 7.18(17), 7.20 (1)-(14), and 540 CMR 4.00.

(ii) Regulation 310 CMR 7.18(3) for the surface coating of metal furniture submitted on September 9, 1982 as part of the attainment plan identified in §52.1120(c)(53)(i), is added to the VOC surface coating bubble Regulation 310 CMR 7.18(2)(b) identified in §52.1120(c)(42).

(iii) Regulation 310 CMR 7.18(13) for Perchloroethylene Dry Cleaning systems submitted on September 9, 1982 as part of the attainment plan identified in section 52.1120(53)(i), is amended by adding EPA test methods to the no action identified in 52.1120(48).

(54) On February 8, 1983, the Massachusetts Department of Environmental Quality Engineering submitted a source specific emission limit in the letter of approval to the Esleeck Manufacturing Company, Inc., Montague, allowing the Company to burn fuel oil having a maximum sulfur content of 1.21 pounds per million Btu heat release potential provided the fuel firing rate does not exceed 137.5 gallons per hour.

(55) A revision to exempt the Berkshire Air Pollution Control District from Regulation 310 CMR 7.02(12)(b)2 was submitted on March 25, 1983 by Kenneth A. Hagg, Director of the Division of Air Quality Control of the Department of Environmental Quality Engineering.

(56) A revision to Regulation 310 CMR 7.02(12)(a)1(e) for petroleum liquid storage in external floating roof tanks submitted on December 2, 1983.

(57) Revisions to the State's narrative, entitled New Source Regulations on page 117 and 118, the regulatory definitions of BACT, NSPS and NESHAPS and Regulation 310 CMR 7.02 (2)(a)(6) and 7.02 (13), submitted by Anthony D. Cortese, Commissioner, in August, 1982 and received on September 9, 1982.

(58) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 7, 1991, November 13, 1992 and February 17, 1993.

(i) Incorporation by reference.

(A) Letters from the Massachusetts Department of Environmental Protection dated June 7, 1991, November 13, 1992 and February 17, 1993 submitting revisions to the Massachusetts State Implementation Plan.

(B) Amendments and additions to 310 CMR 7.00 submitted on June 7, 1991 and effective on April 12, 1991.

(C) Amendments and additions to 310 CMR 7.00 submitted on June 7, 1991 and effective on June 21, 1991.

(D) Addition of 310 CMR 7.24(4)(j) submitted on November 13, 1992 and February 17, 1993 and effective on February 12, 1993.

(ii) Additional materials.

(A) Nonregulatory portions of the state submittal.

(59) A revision submitted on May 3, 1983, allowing the burning of 2.2% sulfur content fuel oil at the Stanley Woolen Company, a facility in Uxbridge, Massachusetts for a period of up to 30 months, commencing on March 23, 1984.

(60) On May 27, 1982 and September 9, 1982 the Commissioner of the Massachusetts Department of Environmental Quality Engineering submitted a revised plan for new source review in nonattainment areas. The submittal included 310 CMR Appendix A, “Emission Offsets and Nonattainment Review,” additions to 310 CMR 7.00, “General Definitions,” and revisions to 310 CMR 7.02(2)(b)(4) and 7.02(2)(b)(5), “Plan Approval and Emission Limitations.”

(61) A revision submitted on October 31, 1983, allowing the burning of 2.2% sulfur content fuel oil at the Reed and Barton Silversmiths facility in Taunton, Massachusetts for a period of up to 30 months, commencing on March 23, 1984.

(62) A revision submitted on November 16, 1983 allowing the burning of 2.2% sulfur content fuel oil at the ATF Davidson Company in Northbridge, Massachusetts.

(63) A revision submitted on February 2, 1984, allowing the burning of 1.0% sulfur content fuel oil at The Biltrite Corporation facility in Chelsea, Massachusetts for a period of up to 30 months, commencing on June 15, 1984.

(64) A revision to the Ozone Attainment Plan was submitted by S. Russell Sylva, Commissioner of the Massachusetts Department of Environmental Quality Engineering on February 14, and May 22, 1985 to control emissions from gasoline tank trucks and bulk terminal vapor recovery systems.

(i) Incorporation by reference.

(A) Amendments to Regulations 310 CMR 7.00 and 7.02(12) (c) and (d), “Motor Vehicle Fuel Tank Trucks”, adopted December 1984.

(B) The May 22, 1985 letter from Massachusetts DEQE, and the enforcement manual submitted and adopted on May 22, 1985, including Method 27, record form, potential leak points, major tank truck leak sources, test procedure for gasoline vapor leak detection procedure by combustible gas detector, instruction manual for Sentox 2 and Notice of Violation.

(65) A temporary variance to 310 CMR 7.05(1)(d)2 of “Sulfur Content of Fuels and Control Thereof for Metropolitan Boston Air Pollution Control District” submitted on January 6, 1984 to allow for the use of 2.2% sulfur content fuel oil in boiler unit 7 of the Boston Edison Company Mystic Station facility in Everett for thirty months commencing on September 25, 1984.

(66) Attainment and maintenance plans for lead, submitted on July 13 and August 17, 1984 by the Department of Environmental Quality Engineering.

(67) A revision submitted on July 11, 1984 allowing the burning of 2.2% sulfur content fuel oil at the James River Corporation Hyde Park Mill facility in Boston, Massachusetts for a period of up to 30 months, commencing on September 25, 1984.

(68) A revision submitted on February 8 and October 23, 1985 allowing the burning of 2.2% sulfur content fuel oil at the Phillips Academy facility in Andover, Massachusetts for a period of up to 30 months, commencing on April 1, 1986.

(i) Incorporation by reference.

(A) Letter from Richard J. Chalpin, Acting Regional Engineer, to Phillips Academy, dated December 27, 1984 allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 30 months from the date of publication), the savings from which will be used to implement permanent energy conservation measures to reduce on-site consumption of petroleum products by at least 50,000 gallons per year (estimated 82,000 gallons per year). At the end of the temporary use period, Phillips Academy will return to the use of 1.0% sulfur fuel oil. The particulate emission rate for the facility will not exceed 0.15 lbs. per million Btu.

(B) These specific requirements of Regulation 310 CMR 7.19 were agreed to in a Statement of Agreement, signed February 19, 1985.

(C) Memorandum to Donald C. Squires from Bruce K. Maillet dated October 4, 1985; subject: Response to EPA questions regarding Phillips Academy, outlines the permanent energy conservation measures to be used.

(69) Revisions to federally approved regulations 310 CMR 7.02(2)(b) and 310 CMR 7.05(4) were submitted on December 3, 1985, January 31, 1986 and February 11, 1986 by the Department of Environmental Quality Engineering.

(i) Incorporation by reference.

(A) Regulation 310 CMR 7.02(2)(b), Department of Environmental Quality Engineering, Air Pollution Control, is corrected to include the word “major” before the word “modification”.

(B) Regulation 310 CMR 7.05(4), Department of Environmental Quality Engineering, Air Pollution Control, Ash Content of Fuels.

(ii) Additional materials.

(A) The nonregulatory portions of the state submittals.

(70) A revision submitted on February 19, 1986 allowing the burning of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mary Ellen McCormick and Maverick Family Development facilities in Boston, Massachusetts for a period of up to 30 months, commencing on August 12, 1986.

(i) Incorporation by reference.

(A) Letters dated August 30, 1985 and July 11, 1985 for the Mary Ellen McCormick and Maverick Family Development Facilities, respectively, from Richard J. Chalpin, Acting Regional Engineer, allowing the temporary use of less expensive 2.2% sulfur fuel oil for 30 months from August 12, 1986, the savings from which will be used to implement permanent energy conservation measures to reduce the on-site consumption of the petroleum products. At the end of the temporary use period, the Boston Housing Authority, Mary Ellen McCormick and Maverick Family Development facilities will return to the use of 0.5% sulfur fuel oil. The particulate emission rate for these facilities will not exceed 0.12 lbs per million BTU.

(B) Statements of Agreement both signed October 28, 1985 by Doris Bunte, Administrator of Boston Housing Authority.

(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated January 9, 1986, subject: Decision Memo.

(71) A revision submitted on May 12, 1986 allowing the burning of 2.2% sulfur content fuel oil at the Boston Housing Authority, Mission Hill Extension Family Development facility in Boston, Massachusetts for a period of up to 30 months, commencing on November 25, 1986.

(i) Incorporation by reference.

(A) Letter dated March 5, 1986 for the Mission Hill Extension Family Development facility, from Richard J. Chalpin, Acting Regional Engineer, allowing the temporary use of less expensive 2.2% sulfur fuel oil (for 30 months from the date of publication), the savings from which will be used to implement permanent energy conservation measures to reduce the on-site consumption of petroleum products. At the end of the temporary use period, the Boston Housing Authority, Mission Hill Extension Family Development facility will return to the use of 0.5% sulfur fuel oil. The particulate emission rate for this facility will not exceed 0.12 lbs per million Btu.

(B) Statements of Agreement signed April 4, 1986 by Doris Bunte, Administrator of Boston Housing Authority.

(C) Memorandum from Bruce K. Maillet to S. Russell Sylva dated April 18, 1986, subject: Decision Memo.

(72) Revisions involving regulations 310 CMR 7.02(2)(b) 4, 5, and 6; 7.02(12)(b)3; 7.02(12)(d); and 7.14 were submitted on November 21, 1986 and January 15, 1987, by the Department of Environmental Quality Engineering (DEQE).

(i) Incorporation by reference.

(A) Regulation 310 CMR 7.02(2)(b) 4, 5, and 6 are amended and became effective on February 6, 1987.

(B) Regulation 310 CMR 7.02(12)(b)3 is deleted and became effective on February 6, 1987.

(C) Regulation 310 CMR 7.02(12)(d) is amended and became effective on February 6, 1987.

(D) Regulations 310 CMR 7.14 (2) and (3) are added and became effective on February 6, 1987.

(E) The Commonwealth of Massachusetts Regulation Filing document dated January 15, 1987 is provided and states that these regulatory changes became effective on February 6, 1987.

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

(73) Revisions to the State Implementation Plan submitted by the Commonwealth of Massachusetts on February 21, February 25, and June 23, 1986.

(i) Incorporation by reference.

(A) A letter from the Commonwealth of Massachusetts Department of Environmental Quality Engineering dated February 21, 1986 and amendments to 310 CMR 7.00 and 310 CMR 7.18 of the Regulations for the control of Air Pollution in the Berkshire, Central Massachusetts, Merrimack Valley, Metropolitan Boston, Pioneer Valley and Southeastern Massachusetts Air Pollution Control Districts.

(B) A letter from the Commonwealth of Massachusetts Department of Environmental Quality Engineering (DEQE), dated June 23, 1986 and the Implementation Guidance, 310 CMR 7.18(18), Polystyrene Resin Manufacturing, dated February 1986.

(C) A Regulation Filing and Publication document from the Commonwealth of Massachusetts Department of Environmental Quality Engineering, dated February 25, 1986.

(ii) Additional materials.

(A) Nonregulatory portions of the state submittals.

(74) Revisions to the State Implementation Plan were submitted by the Commissioner of the Department of Environmental Quality Engineering on November 5, 1986 and December 10, 1986.

(i) Incorporation by reference.

(A) Letter dated November 5, 1986 from the Massachusetts Department of Environmental Quality Engineering (DEQE) submitting revisions to the State Implementation Plan for EPA approval.

(B) Letter from the Massachusetts DEQE dated December 10, 1986, which states that the effective date of Regulations 310 CMR 7.00, “Definitions” and 310 CMR 7.18(19), “Synthetic Organic Chemical Manufacture,” is November 28, 1986.

(C) Massachusetts' Regulation 310 CMR 7.18(19) entitled, “Synthetic Organic Chemical Manufacture,” and amendments to 310 CMR 7.00, “Definitions,” effective in the Commonwealth of Massachusetts on November 28, 1986.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(75) [Reserved]

(76) Revisions involving regulations 310 CMR 7.18(2)(e) and 7.18(17) submitted by the Department of Environmental Quality Engineering on September 20, 1988.

(i) Incorporation by reference.

(A) Amendment to Regulation 310 CMR 7.18(2)(e)—effective July 22, 1988.

(B) Amendments to Regulation 310 CMR 7.18(17)(d)—effective July 22, 1988.

(C) A Regulation Filing and Publication document from the Commonwealth of Massachusetts Department of Environmental Quality Engineering dated July 5, 1988 which states that the effective date of the regulatory amendments to 310 CMR 7.18(2)(e) and 310 CMR 7.18(17)(d), incorporated above, is July 22, 1988.

(ii) Additional materials.

(A) Nonregulatory portions of the state submittal.

(77) Revisions to federally approved regulation 310 CMR 7.05(1) submitted on July 18, 1984, April 17, 1985, March 16, 1987, and November 25, 1987 by the Department of Environmental Quality Engineering approving sulfur-in-fuel limitations for the following sources: American Fiber and finishing Company (formerly known as Kendall Company), Colrain; Erving Paper company, Erving; and Westfield River Paper Company, Russell.

(i) Incorporation by reference.

(A) Letters dated October 14, 1987 for the American Fiber and Finishing Company, Erving Paper Company, and Westfield River Paper Company facilities from Stephen F. Joyce, Deputy Regional Environmental Engineer, Department of Environmental Quality Engineering.

(B) Statements of agreement signed November 6, 1987 by Schuyler D. Bush, Vice President of Erving Paper Company; 1987 by Francis J. Fitzpatrick, President of Westfield River Paper Company; and November 16, 1987 by Robert Young, Vice President of American Fiber and Finishing Company.

(78) Revisions to federally approved regulation 310 CMR 7.02(12) submitted on July 13, 1988, September 15, 1988, and April 12, 1989, by the Department of Environmental Quality Engineering, limiting the volatility of gasoline from May 1 through September 15, beginning 1989 and continuing every year thereafter, including any waivers to such limitations that Massachusetts may grant. In 1989, the control period will begin on June 30.

(i) Incorporation by reference.

(A) Massachusetts Regulation 310 CMR 7.02(12)(e), entitled, “gasoline Reid Vapor Pressure (RVP),” and amendments to 310 CMR 7.00, “Definitions,” effective in the Commonwealth of Massachusetts on May 11, 1988.

(B) Massachusetts Emergency Regulation Amendment to 310 CMR 7.02(12)(e) 2.b entitled “gasoline Reid Vapor Pressure” effective in the Commonwealth of Massachusetts on April 11, 1989, with excerpt from the Manual for Promulgating Regulations, Office of the Secretary of State.

(79) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 4, 1988 and July 16, 1989 which define and impose reasonably available control technology to control volatile organic compound emissions from Monsanto Chemical Company in Indian Orchard, Massachusetts.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan.

(B) A final RACT Compliance Plan Conditional Approval issued to Monsanto Chemical Company by the Massachusetts Department of Environmental Protection, dated and effective June 20, 1989.

(ii) Additional materials.

(A) Nonregulatory portions of the state submittal.

(80) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 18, 1989.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan.

(B) Amendments to the Conditional Plan Approval dated and effective July 12, 1989 and the Conditional Plan Approval dated and effective October 7, 1985 imposing reasonably available control technology on Spalding Sports Worldwide in Chicopee, Massachusetts.

(81) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Quality Engineering on July 18, 1989.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Quality Engineering dated July 18, 1989 submitting a revision to the Massachusetts State Implementation Plan.

(B) RACT Approval Addendum for Cranston Print Works Company, Webster Division Facility in Webster, Massachusetts dated and effective June 20, 1989.

(ii) Additional materials. Nonregulatory portions of the State submittal.

(82) Revision to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection August 8, 1989.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated August 8, 1989 submitting a revision to the Massachusetts State Implementation Plan.

(B) Amended Conditional Plan Approval (SM-85-168-IF) dated and effective August 1, 1989 and an Amendment to the Amended Conditional Plan Approval (SM-85-168-IF Revision) dated and effective August 8, 1989 imposing reasonably available control technology on Duro Textile Printers, Incorporated in Fall River, Massachusetts.

(83) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 24, 1989 and October 16, 1989 regulating gasoline volatility.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated October 16, 1989 and a revision to the Massachusetts State Implementation Plan containing revised Massachusetts gasoline Reid Vapor Pressure regulation 310 CMR 7.24(5)(b)2, effective September 15, 1989.

(84) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 27, 1982, June 22, 1987, and December 27, 1989.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated August 27, 1982, submitting a revision to the Massachusetts State Implementation Plan.

(B) Amendments to 310 CMR 7.00, “Definitions” effective in the Commonwealth of Massachusetts on June 18, 1982 which add the definitions of the terms “stationary source” and “building, structure, facility, or installation.”

(ii)Additional materials.

(A) Letter from the Massachusetts Department of Environmental Protection dated June 22, 1987 certifying that it did not rely on a dual definition in its attainment demonstration.

(B) Letter from the Massachusetts Department of Environmental Protection dated December 27, 1989 submitting additional assurances that it is making reasonable efforts to develop a complete and approve SIP.

(C) Nonregulatory portions of the submittal.

(85) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 28, 1989.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated November 28, 1989 submitting a revision to the Massachusetts State Implementation Plan.

(B) A Plan Approval 4P89005 Correction dated and effective November 17, 1989 and the Amended Plan Approval, 4P89005 dated and effective October 19, 1989 imposing reasonably available control technology on Boston Whaler Inc., in Norwell, Massachusetts.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(86) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 28, 1989.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated November 28, 1989 submitting a revision to the Massachusetts State Implementation Plan.

(B) A Plan Approval 4P89006 Correction dated and effective November 17, 1989 and the Amended Plan Approval (4P89006) dated and effective October 19, 1989 imposing reasonably available control technology on Boston Whaler Inc. in Rockland, Massachusetts.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(87) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 20, 1989.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated November 20, 1989 submitting a revision to the Massachusetts State Implementation Plan.

(B) 2nd Amendment to the Final Approval/RACT Approval for the Philips Lighting Company dated November 2, 1989.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(88) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 13, 1990.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated June 13, 1990 submitting a revision to the Massachusetts State Implementation Plan.

(B) An Amended Plan Approval dated and effective June 1, 1990 imposing reasonably available control technology on Acushnet Company, Titleist Golf Division, Plant A in New Bedford, Massachusetts.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(89) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 9, 1990.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated July 9, 1990 submitting a revision to the Massachusetts State Implementation Plan.

(B) An Amended Plan Approval dated and effective June 8, 1990 imposing reasonably available control technology on General Motors Corporation in Framingham, Massachusetts.

(ii) Additional materials.

(A) Nonregulatory portions of the State submittal.

(90) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on October 25, 1990 which define and impose RACT to control volatile organic compound emissions from Erving Paper Mills in Erving, Massachusetts.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated October 25, 1990 submitting a revision to the Massachusetts State Implementation Plan.

(B) A conditional final plan approval issued by the Massachusetts Department of Environmental Protection to Erving Paper Mills dated and effective October 16, 1990.

(91) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on April 22, 1991 which clarify the requirements of RACT to control volatile organic compound emissions from Erving Paper Mills in Erving, Massachusetts.

(i)Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated April 22, 1991 submitting a revision to the Massachusetts State Implementation Plan.

(B) A conditional final plan approval amendment issued by the Massachusetts Department of Environmental Protection to Erving Paper Mills dated and effective April 16, 1991. This amended conditional plan approval amends the October 16, 1990 conditional plan approval incorporated at paragraph (c)(90) of this section.

(92) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 17, 1989, June 7, 1991 and December 17, 1991.

(i) Incorporation by reference.

(A) Letters from the Massachusetts Department of Environmental Protection dated August 17, 1989 and June 7, 1991 submitting a revision to the Massachusetts State Implementation Plan.

(B) Portions of regulation 310 CMR 7.18(7) for automobile surface coating as submitted on August 17, 1989 effective in the Commonwealth of Massachusetts on September 15, 1989.

(C) Portions of regulation 310 CMR 7.18(7) for automobile surface coating as submitted on June 7, 1991 effective in the Commonwealth of Massachusetts on June 21, 1991.

(ii) Additional materials.

(A) A letter dated December 17, 1991 from the Massachusetts Department of Environmental Protection withdrawing the emission limit for the Primer-surfacer application from the June 7, 1991 submittal.

(B) Nonregulatory portions of state submittal.

(93) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 27, 1982, June 27, 1984, March 6, 1985, April 12, 1985, August 17, 1989, June 7, 1991 and December 17, 1991.

(i) Incorporation by reference.

(A) Letters from the Massachusetts Department of Environmental Protection dated August 27, 1982, April 12, 1985, August 17, 1989, and June 7, 1991, submitting revisions to the Massachusetts State Implementation Plan.

(B) Amendment to 310 CMR 7.18(2)(b) submitted on August 27, 1982 and effective on September 16, 1982.

(C) Addition of 310 CMR 7.00: Appendix B submitted on April 12, 1985 and effective on September 30, 1984.

(D) Amendments to portions of 310 CMR 7.00 submitted on August 17, 1989 and effective September 15, 1989.

(E) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 and effective on April 12, 1991.

(F) Amendments to portions of 310 CMR 7.00 submitted on June 7, 1991 and effective on June 21, 1991.

(ii) Additional materials.

(A) A letter from the Massachusetts Department of Environmental Quality Engineering dated June 27, 1984 submitting 310 CMR 7.00: Appendix B.

(B) A letter from the Massachusetts Department of Environmental Quality Engineering dated March 6, 1985 submitting additional information on 310 CMR 7.00: Appendix B and referencing 310 CMR 7.18(2)(b).

(C) A letter dated December 17, 1991 from the Massachusetts Department of Environmental Protection withdrawing the emission limit for the Primer-surfacer application in 310 CMR 7.18(7)(b) from the June 7, 1991 submittal.

(D) Nonregulatory portions of state submittal.

(94) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 4, 1989, December 6, 1989 and March 23, 1990.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated August 4, 1989, December 6, 1989 and March 23, 1990 submitting a revision to the Massachusetts State Implementation Plan.

(B) Massachusetts' Air Pollution Control Regulations 310 CMR 7.30 (excluding 310 CMR 7.30(8)(a)), and 310 CMR 7.31 entitled, “MB Massport/Logan Airport Parking Freeze” and “MB City of Boston/East Boston Parking Freeze” respectively, effective in the State of Massachusetts on 11/24/89, and technical amendments to that regulation submitted by the Massachusetts Department of Environmental Protection on March 23, 1990, effective 3/30/90.

(ii) Additional materials.

(A) Appendix 5D, Baseline and Future Case CO Compliance Modeling, dated June 1986.

(B) Policy Statement Regarding the Proposed Amendment to the Logan Airport Parking Freeze, dated November 14, 1988.

(95) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection of May 15, 1991.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated May 15, 1992 submitting a revision to the Massachusetts State Implementation Plan.

(B) Final Plan Approval No. 4P89051, dated and effective May 13, 1991 imposing reasonably available control technology on Dartmouth Finishing Corporation, New Bedford, Massachusetts.

(96) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 30, 1991.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated January 30, 1991 submitting a revision to the Massachusetts State Implementation Plan.

(B) Massachusetts Regulation 310 CMR 7.38, entitled “Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District,” and amendment to 310 CMR 7.00, entitled “Definitions,” effective in the Commonwealth of Massachusetts on January 18, 1991.

(97) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on May 17, 1990, July 5, 1990, June 7, 1991, and April 21, 1992.

(i) Incorporation by reference.

(A) Letters from the Massachusetts Department of Environmental Protection, dated May 17, 1990 and June 7, 1991, submitting a revision to the Massachusetts State Implementation Plan.

(B) Definition of “motor vehicle fuel,” “motor vehicle fuel dispensing facility,” “substantial modification,” and “vapor collection and control system,” added to 310 CMR 7.00 and effective in the Commonwealth of Massachusetts on October 27, 1989.

(C) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the Commonwealth of Massachusetts on October 27, 1989.

(D) Amendments to 310 CMR 7.24(6)(b) “Dispensing of Motor Vehicle Fuel” and to the definition of “substantial modification” in 310 CMR 7.00, effective in the Commonwealth of Massachusetts on June 21, 1991.

(E) Amendment to the definition of “motor vehicle fuel dispensing facility” in 310 CMR 7.00, effective in the Commonwealth of Massachusetts on April 12, 1991.

(ii) Additional materials.

(A) Letter from the Massachusetts Department of Environmental Protection, dated July 5, 1990, requesting the withdrawal of amendments to subsection 310 CMR 7.24(2)(c) which require Stage I vapor recovery in Berkshire County from the SIP revision package submitted on May 17, 1990.

(B) Letter from the Massachusetts Department of Environmental Protection, dated April 21, 1992, submitting an implementation policy statement regarding its Stage II program. This policy statement addresses the installation of California Air Resources Board (CARB) certified systems, Stage II testing procedures, and defects in State II equipment.

(C) Nonregulatory portions of the submittal.

(98) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 13, 1992, January 15, 1993, and February 17, 1993.

(i) Incorporation by reference.

(A) Letters from the Massachusetts Department of Environmental Protection dated November 13, 1992, January 15, 1993, and February 17, 1993, submitting a revision to the Massachusetts State Implementation Plan.

(B) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the State of Massachusetts on February 12, 1993.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(99) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 3, 1990 and August 26, 1992 which define and impose reasonably available control technology to control volatile organic compound emissions from S. Bent & Brothers in Gardner, Massachusetts.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated August 26, 1992 submitting a revision to the Massachusetts State Implementation Plan.

(B) Final Air Quality Approval RACT issued to S. Bent by the Massachusetts Department of Environmental Protection dated and effective May 22, 1992.

(ii) Additional materials.

(A) Letter from the Massachusetts Department of Environmental Protection dated November 3, 1990 submitting a revision to the Massachusetts State Implementation Plan.

(B) Final Air Quality Approval RACT issued to S. Bent by the Massachusetts Department of Environmental Protection dated and effective October 17, 1990.

(C) Nonregulatory portions of the November 3, 1990 and August 26, 1992 state submittals.

(100) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 19, 1993.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated July 19, 1993 submitting a revision to the Massachusetts State Implementation Plan.

(B) Plan approval no. C-P-93-011, effective June 30, 1993, which contains emissions standards, operating conditions, and recordkeeping requirements applicable to Nichols & Stone Company in Gardner, Massachusetts.

(ii) Additional materials.

(A) Letter dated October 27, 1993 from Massachusetts Department of Environmental Protection submitting certification of a public hearing.

(101) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 9, 1991.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated December 9, 1991 submitting a revision to the Massachusetts State Implementation Plan.

(B) Massachusetts Regulation 310 CMR 7.36, entitled “Transit System Improvements”, Massachusetts Regulation 310 CMR 7.37, entitled “High Occupancy Vehicle Facilities”, and amendments to 310 CMR 7.00, entitled “Definitions,” effective in the Commonwealth of Massachusetts on December 6, 1991.

(102) [Reserved]

(103) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 15, 1993 and May 11, 1994, substituting the California Low Emission Vehicle program for the Clean Fuel Fleet program.

(i) Incorporation by reference.

(A) Letters from the Massachusetts Department of Environmental Protection dated November 15, 1993 and May 11, 1994, submitting a revision to the Massachusetts State Implementation Plan which substitutes the California Low Emission Vehicle program for the Clean Fuel Fleet program.

(B) A regulation dated and effective January 31, 1992, entitled “U Low Emission Vehicle Program”, 310 CMR 7.40.

(C) Additional definitions to 310 CMR 7.00 “Definitions” (dated and effective 1/31/92) to carry out the requirements set forth in 310 CMR 7.40.

(ii) Additional materials.

(A) Additional nonregulatory portions of the submittal.

(104) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on March 31, 1994.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated March 31, 1994 submitting a revision to the Massachusetts State Implementation Plan.

(B) Final Plan Approval No. 4P92012, dated and effective March 16, 1994 imposing reasonably available control technology on Brittany Dyeing and Finishing of New Bedford, Massachusetts.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(105) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 6, 1994.

(i) Incorporation by reference.

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

(B) 310 CMR 7.02(12) “U Restricted Emission Status” effective in the Commonwealth of Massachusetts on February 25, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(106) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 28, 1990, September 30, 1992, and July 15, 1994.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection, dated June 28, 1990, submitting a revision to the Massachusetts State Implementation Plan.

(B) Letter from the Massachusetts Department of Environmental Protection, dated September 30, 1992, submitting a revision to the Massachusetts State Implementation Plan.

(C) Letter from the Massachusetts Department of Environmental Protection, dated July 15, 1994, submitting a revision to the Massachusetts State Implementation Plan.

(D) Regulation 310 CMR 7.12 entitled “Inspection Certification Record Keeping and Reporting” which became effective on July 1, 1994.

(ii) Additional materials.

(A) Nonregulatory portions of submittal.

(B) Letter from the Massachusetts Department of Environmental Protection, dated December 30, 1994, assuring EPA that the data elements noted in EPA's December 13, 1994 letter were being incorporated into the source registration forms used by Massachusetts emission statement program.

(ii) Additional materials.

(A) Nonregulatory portions of submittal.

(107) Massachusetts submitted the Oxygenated Gasoline Program on October 29, 1993. This submittal satisfies the requirements of section 211(m) of the Clean Air Act, as amended.

(i) Incorporation by reference.

(A) Letter dated October 29, 1993 which included the oxygenated gasoline program, amendments to the Massachusetts Air Pollution Control Regulations, 310 CMR 7.00, with an effective date of March 1, 1994, requesting that the submittal be approved and adopted as part of Massachusetts' SIP.

(ii) Additional materials.

(A) The Technical Support Document for the Redesignation of the Boston Area as Attainment for Carbon Monoxide submitted on December 12, 1994.

(108) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 9, 1995.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated January 9, 1995 submitting a revision to the Massachusetts State Implementation Plan.

(B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on November 18, 1994: 310 Code of Massachusetts Regulations Section 7.25 U Best Available Controls for Consumer and Commercial Products.

(109) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 9, 1995.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection, dated January 9, 1995, submitting a revision to the Massachusetts State Implementation Plan.

(B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on December 16, 1994: 310 Code of Massachusetts Regulations Section 7.18(28) Automotive Refinishing.

(110) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on March 29, 1995.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated March 29, 1995 submitting a revision to the Massachusetts State Implementation Plan.

(B) The following portions of the Rules Governing the Control of Air Pollution for the Commonwealth of Massachusetts effective on January 27, 1995: 310 Code of Massachusetts Regulations Section 7.18(29), Bakeries.

(111) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 30, 1993.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated July 30, 1993 submitting a revision to the Massachusetts State Implementation Plan.

(B) Massachusetts Air Pollution Control Regulation 310 CMR 7.33, entitled “City of Boston/South Boston Parking Freeze,” and the following amendments to 310 CMR 7.00, entitled “Definitions,” which consist of adding or amending four definitions; motor vehicle parking space; off-peak parking spaces; remote parking spaces; and restricted use parking, effective in the Commonwealth of Massachusetts on April 9, 1993.

(112) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 9, 1994, and April 14, 1995, concerning emissions banking, trading, and averaging.

(i) Incorporation by reference.

(A) Letters from the Massachusetts Department of Environmental Protection dated February 9, 1994, and March 29, 1995, submitting revisions to the Massachusetts State Implementation Plan.

(B) Regulations 310 CMR 7.00 Appendix B(1); 310 CMR 7.00 Appendix B(2); 310 CMR 7.00 Appendix B(3), except 310 CMR 7.00 Appendix B(3)(e)5.h; and, 310 CMR 7.00 Appendix B(5); effective on January 1, 1994. Also, regulations 310 CMR 7.00 Appendix B(4); 310 CMR 7.00 Appendix B(6); 310 CMR 7.18(2)(b); 310 CMR 7.19(2)(d); 310 CMR 7.19(2)(g); and, 310 CMR 7.19(14); effective on January 27, 1995.

(ii) Additional materials.

(A) Letter and attachments from the Massachusetts Department of Environmental Protection dated February 8, 1996, submitting supplemental information concerning the demonstration of balance between credit creation and credit use.

(113) A revision to the Massachusetts SIP regarding ozone monitoring. The Commonwealth of Massachusetts will modify its SLAMS and its NAMS monitoring systems to include a PAMS network design and establish monitoring sites. The Commonwealth's SIP revision satisfies 40 CFR 58.20(f) PAMS requirements.

(i) Incorporation by reference.

(A) Massachusetts PAMS Network Plan, which incorporates PAMS into the ambient air quality monitoring network of State or Local Air Monitoring Stations (SLAMS) and National Air Monitoring Stations (NAMS).

(ii) Additional material.

(A) Letter from the Massachusetts Department of Environmental Protection dated December 30, 1993 submitting a revision to the Massachusetts State Implementation Plan.

(114) The Commonwealth of Massachusetts' March 27, 1996 submittal for an enhanced motor vehicle inspection and maintenance (I/M) program, as amended on June 27, 1996 and July 29, 1996, and November 1, 1996, is conditionally approved based on certain contingencies, for an interim period to last eighteen months. If the Commonwealth fails to start its program according to schedule, or by November 15, 1997 at the latest, this conditional approval will convert to a disapproval after EPA sends a letter to the state. If the Commonwealth fails to satisfy the following conditions within 12 months of this rulemaking, this conditional approval will automatically convert to a disapproval as explained under section 110(k) of the Clean Air Act.

(i) The conditions for approvability are as follows:

(A) The time extension program as described and committed to in the March 3, 1997 letter from Massachusetts must be further defined and submitted to EPA as a SIP revision by no later than one year after the effective date of this interim approval. Another program which meets the requirements of 40 CFR 51.360 (Waivers and Compliance via Diagnostic Inspection) and provides for no more than a 1% waiver rate would also be approvable.

(B) Other major deficiencies as described in the proposal must also be corrected in 40 CFR 51.351 (Enhanced I/M Performance Standard), §51.354 (Adequate Tools and Resources), §51.357 (Test Procedures and Standards), §51.359 (Quality Control), and §51.363 (Quality Assurance). The Commonwealth, committed in a letter dated March 3, 1997 to correct these deficiencies within one year of conditional interim approval by EPA.

(ii) In addition to the above conditions for approval, the Commonwealth must correct several minor, or de minimis deficiencies related to CAA requirements for enhanced I/M. Although satisfaction of these deficiencies does not affect the conditional approval status of the Commonwealth's rulemaking granted under the authority of section 110 of the Clean Air Act, these deficiencies must be corrected in the final I/M SIP revision prior to the end of the 18-month interim period granted under the National Highway Safety Designation Act of 1995:

(A) The SIP lacks a detailed description of the program evaluation element as required under 40 CFR 51.353;

(B) The SIP lacks a detailed description of the test frequency and convenience element required under 40 CFR 51.355;

(C) The SIP lacks a detailed description of the number and types of vehicles included in the program as required under 40 CFR 51.356;

(D) The SIP lacks a detailed information concerning the enforcement process, and a commitment to a compliance rate to be maintained in practice required under 40 CFR 51.361.

(E) The SIP lacks the details of the enforcement oversight program including quality control and quality assurance procedures to be used to insure the effective overall performance of the enforcement system as required under 40 CFR 51.362;

(F) The SIP lacks a detailed description of procedures for enforcement against contractors, stations and inspectors as required under 40 CFR 51.364;

(G) The SIP lacks a detailed description of data analysis and reporting provisions as required under 40 CFR 51.366;

(H) The SIP lacks a public awareness plan as required by 40 CFR 51.368; and

(I) The SIP lacks provisions for notifying motorists of required recalls prior to inspection of the vehicle as required by 40 CFR 51.370.

(iii) EPA is also approving this SIP revision under section 110(k), for its strengthening effect on the plan.

(115) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on October 17, 1997 and July 30, 1996.

(i) Incorporation by reference.

(A) 310 CMR 7.24(8) “Marine Volatile Organic Liquid Transfer” effective in the Commonwealth of Massachusetts on October 5, 1997.

(B) Definition of “volatile organic compound” in 310 CMR 7.00 “Definitions” effective in the Commonwealth of Massachusetts on June 28, 1996.

(C) Definition of “waterproofing sealer” in 310 CMR 7.25 “Best Available Controls for Consumer and Commercial Products” effective in the Commonwealth of Massachusetts on June 28, 1996.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(116) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on August 9, 2000, September 11, 2000 and July 25, 1995.

(i) Incorporation by reference.

(A) 310 CMR 7.24(6) “Dispensing of Motor Vehicle Fuel,” effective in the Commonwealth of Massachusetts on September 29, 2000.

(B) 310 CMR 7.00 definitions of the following terms associated with 310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on September 29, 2000: “commence operation”; “emergency situation”; “executive order”; “Stage II system”; “substantial modification”; “vacuum assist system”; and “vapor balance system.”

(C) 310 CMR 7.00 definitions of the following terms associated with 310 CMR 7.24(6) and effective in the Commonwealth of Massachusetts on June 30, 1995: “emergency motor vehicle;” and “tank truck.”

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(117) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 17, 1993.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated February 17, 1993 submitting a revision to the Massachusetts State Implementation Plan.

(B) Regulations 310 CMR 7.00, Definitions; 310 CMR 7.03(13), Paint spray booths; 310 CMR 7.18(2), Compliance with emission limitations; 310 CMR 7.18(7), Automobile surface coating; 310 CMR 7.18(8), Solvent Metal Degreasing; 310 CMR 7.18(11), Surface coating of miscellaneous metal parts and products; 310 CMR 7.18(12), Graphic arts; 310 CMR 7.18(17), Reasonable available control technology (as it applies to the Springfield ozone nonattainment area only); 310 CMR 7.18(20), Emission control plans for implementation of reasonably available control technology; 310 CMR 7.18(21), Surface coating of plastic parts; 310 CMR 7.18(22), Leather surface coating; 310 CMR 7.18(23), Wood products surface coating; 310 CMR 7.18(24), Flat wood paneling surface coating; 310 CMR 7.18(25), Offset lithographic printing; 310 CMR 7.18(26), Textile finishing; 310 CMR 7.18(27), Coating mixing tanks; and 310 CMR 7.24(3), Distribution of motor vehicle fuel all effective on February 12, 1993.

(118) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 19, 1997.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated December 19, 1997 submitting a revision to the Massachusetts State Implementation Plan.

(B) Regulation 310 CMR 7.27, NOX Allowance Program, effective on June 27, 1997.

(ii) Additional materials.

(A) Letter from the Massachusetts Department of Environmental Protection dated March 9, 1998 clarifying the program implementation process.

(119) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 15, 1994, October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999.

(i) Incorporation by reference.

(A) Letters from the Massachusetts Department of Environmental Protection dated July 15, 1994, October 4, 1996, December 2, 1996, January 11, 1999, and April 16, 1999 submitting revisions to the Massachusetts State Implementation Plan.

(B) Regulation, 310 CMR 7.19, “Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOX)” as adopted by the Commonwealth of Massachusetts on June 29, 1994 and effective on July 1, 1994.

(C) Emission Control Plan for Specialty Minerals, Incorporated, in Adams, issued by Massachusetts and effective on June 16, 1995.

(D) Emission Control Plan for Monsanto Company's Indian Orchard facility in Springfield, issued by Massachusetts and effective on October 28, 1996.

(E) Emission Control Plan for Turners Falls Limited Partnership/Indeck Energy Services Turners Falls, Inc., in Montague, issued by Massachusetts and effective on March 10, 1998.

(F) Emission Control Plan for Medusa Minerals Company in Lee, issued by Massachusetts and effective on April 17, 1998.

(G) Regulation 310 CMR 7.08(2), “Municipal Waste Combustors, adopted on July 24, 1998 and effective on August 21, 1998, excluding the following sections which were not submitted as part of the SIP revision: (a); the definition of “Material Separation Plan” in (c); (d)1; (d)2; (d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2; (g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4; (h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c; (i)2.d; (i)2.e; and (k)3.

(H) Amendments to regulation 310 CMR 7.19, “Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOX)” as adopted by the Commonwealth of Massachusetts on January 5, 1999 and effective on January 22, 1999.

(120) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 25, 1990.

(i) Incorporation by reference.

(A) 310 CMR 6.04, 7.00, and 8.02 and 8.03 (August 17, 1990).

(121) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 11, 1995 and March 29, 1995.

(i) Incorporation by reference.

(A) Definitions of “combustion device,” “leak,” “leaking component,” “lightering or lightering operation,” “loading event,” “marine tank vessel,” “marine terminal,” “marine vessel,” “organic liquid,” and “recovery device” in 310 CMR 7.00 “Definitions” effective in the Commonwealth of Massachusetts on January 27, 1995.

(ii) Additional materials.

(A) Nonregulatory portions of the submittal.

(122) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on May 14, 1999, February 1, 2000 and March 15, 2000.

(i) Incorporation by reference.

(A) Regulation 310 CMR 60.02 entitled “Regulations for the Enhanced Motor Vehicle Inspection and Maintenance Program” which became effective on October 1, 1999, and a September 17, 1999, Notice of Correction submitted by the Secretary of State indicating the effective date of the regulations.

(B) Sections 4.01, 4.02, 4.03, 4.04(1), (2), (3), (5), (15) 4.05(1), (2), (12)(d), (12)(e), (12)(o) 4.07, 4.08, and 4.09 of Regulation 540 CMR 4.00 entitled “Periodic Annual Staggered Safety and Combined Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers and Converter Dollies' which became effective on May 28, 1999.”

(ii) Additional materials.

(A) Letters from the Massachusetts Department of Environmental Protection dated May 14, 1999, February 1, 2000, and March 15, 2000, submitting a revision to the Massachusetts State Implementation Plan.

(B) Test Procedures and Equipment Specifications submitted on February 1, 2000.

(C) Acceptance Test Protocol submitted on March 15, 2000.

(123) [Reserved]

(124) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on November 19, 1999.

(i) Incorporation by reference.

(A) Amendments revising regulatory language in 310 CMR 7.19(13)(b), Continuous Emission Monitoring Systems, which became effective on December 10, 1999.

(B) Amendments to 310 CMR 7.27, NOX Allowance Program, adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 7.27(15)(e), which became effective December 10, 1999.

(C) Regulations 310 CMR 7.28, NOX Allowance Trading Program, which became effective on December 10, 1999.

(ii) Additional materials.

(A) Letter from the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Department of Environmental Protection dated November 19, 1999, submitting amendment to SIP.

(B) Background Document and Technical Support for Public Hearings on the Proposed Revisions to the State Implementation Plan for Ozone, July, 1999.

(C) Supplemental Background Document and Technical Support for Public Hearings on Modifications to the July 1999 Proposal to Revise the State Implementation Plan for Ozone, September, 1999.

(D) Table of Unit Allocations.

(E) Letter from the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Department of Environmental Protection dated April 10, 2002.

(F) The SIP narrative “Technical Support Document for Public Hearings on Revisions to the State Implementation Plan for Ozone for Massachusetts, Amendments to Statewide Projected Inventory for Nitrogen Oxides,” dated March 2002.

(125)-(126) [Reserved]

(127) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 15, 1994 and April 14, 1995.

(i) Incorporation by reference.

(A) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, “Emission Offsets and Nonattainment Review,” effective July 1, 1994.

(B) Massachusetts Amendments to 310 CMR 7.00 Appendix A entitled, “Emission Offsets and Nonattainment Review” paragraph (3)(g) effective July 1, 1994.

(ii) Additional materials.

(A) Letters from the Massachusetts Department of Environmental Protection dated July 15, 1994 and March 29, 1995 submitting revisions to the Massachusetts State Implementation Plan.

(128) [Reserved]

(129) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on February 17, 1993, April 16, 1999, and October 7, 1999.

(i) Incorporation by reference.

(A) 310 CMR 7.18(17) “Reasonable Available Control Technology,” as it applies to the eastern Massachusetts ozone nonattainment area, effective in the Commonwealth of Massachusetts on February 12, 1993.

(B) Plan Approval issued by the Massachusetts Department of Environmental Protection to the Gillette Company Andover Manufacturing Plant on June 17, 1999.

(C) Plan Approval issued by the Massachusetts Department of Environmental Protection to Norton Company on August 5, 1999 and letter from the Massachusetts Department of Environmental Protection, dated October 7, 1999, identifying the effective date of this plan approval.

(D) Plan Approval issued by the Massachusetts Department of Environmental Protection to Rex Finishing Incorporated on May 10, 1991 and letter from the Massachusetts Department of Environmental Protection, dated April 16, 1999, identifying the effective date of this plan approval.

(E) Plan Approval issued by the Massachusetts Department of Environmental Protection to Barnet Corporation on May 14, 1991.

(ii) Additional materials.

(A) Letter from the Massachusetts Department of Environmental Protection, dated April 16, 1999, submitting negative declarations for certain VOC source categories.

(B) Letter from the Massachusetts Department of Environmental Protection, dated July 24, 2002, discussing wood furniture manufacturing and aerospace coating requirements in Massachusetts.

(C) 310 CMR 7.02 BACT plan approvals issued by the Massachusetts Department of Environmental Protection to Solutia, Saloom Furniture, Eureka Manufacturing, Moduform, Polaroid, and Globe.

(130) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 8, 2000 and December 26, 2000.

(i) Incorporation by reference.

(A) Massachusetts State Regulation 310 CMR 7.30 “Massport/Logan Airport Parking Freeze,” effective in the Commonwealth of Massachusetts on December 22, 2000.

(B) Massachusetts State Regulation 310 CMR 7.31 “City of Boston/East Boston Parking Freeze,” effective in the Commonwealth of Massachusetts on December 22, 2000.

(ii) Additional materials.

(A) Letter from the Massachusetts Department of Environmental Protection dated December 8, 2000 submitting a revision to the Massachusetts State Implementation Plan.

(B) Letter from the Massachusetts Department of Environmental Protection dated December 26, 2000 submitting the final state certified copies of State regulations 310 CMR 7.30 “Massport/Logan Airport Parking Freeze” and 310 CMR 7.31 “City of Boston/East Boston Parking Freeze.”

(131) [Reserved]

(132) Revisions to the State Implementation Plan regarding the Low Emission Vehicle Program submitted by the Massachusetts Department of Environmental Protection on August 9 and August 26, 2002.

(i) Incorporation by reference.

(A) Letter from the Massachusetts Department of Environmental Protection dated August 9, 2002, in which it submitted the Low Emission Vehicle Program adopted on December 24, 1999.

(B) Letter from the Massachusetts Department of Environmental Protection dated August 26, 2002 which clarified the August 9, 2002 submittal to exclude certain sections of the Low Emission Vehicle Program from consideration.

(C) December 24, 1999 version of 310 CMR 7.40, the “Low Emission Vehicle Program” except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6, 310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12).

(133) [Reserved]

(134) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 12, 2006.

(i) Incorporation by reference.

(A) Massachusetts Regulation 310 CMR 7.38, entitled “Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District,” effective in the Commonwealth of Massachusetts on December 30, 2005.

(B) Massachusetts Regulation Filing, dated December 13, 2005, amending 310 CMR 7.38 entitled “Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District.”

(ii) Additional materials.

(A) Letter from the Massachusetts Department of Environmental Protection dated July 12, 2006, submitting a revision to the Massachusetts State Implementation Plan.

(135) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on March 30, 2007.

(i) Incorporation by reference.

(A) 310 CMR 7.32 entitled “Massachusetts Clean Air Interstate Rule (Mass CAIR),” effective in the Commonwealth of Massachusetts on May 4, 2007.

(B) Amendments to 310 CMR 7.28 entitled “NOX Allowance Trading Program,” effective in the Commonwealth of Massachusetts on May 4, 2007.

(C) Massachusetts Regulation Filing, dated April 19, 2007, amending 310 CMR 7.28 entitled “NOX Allowance Trading Program,” and adopting 310 CMR 7.32 entitled “Massachusetts Clean Air Interstate Rule (Mass CAIR).”

(136) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on December 13, 2006 and June 1, 2007.

(i) Incorporation by reference.

(A) Massachusetts Regulation 310 CMR 7.00 entitled “Definitions,” adding the definition for the term “Boston Metropolitan Planning Organization,” effective in the Commonwealth of Massachusetts on December 1, 2006.

(B) Massachusetts Regulation 310 CMR 7.36 entitled “Transit System Improvements,” effective in the Commonwealth of Massachusetts on December 1, 2006.

(C) Massachusetts Regulation Filing, dated November 16, 2006, substantiating December 1, 2006, State effective date for amended 310 CMR 7.00 entitled “Definition,” (addition of term “Boston Metropolitan Planning Organization,” which appears on the replaced page 173 of the State's Code of Massachusetts Regulations,) and 310 CMR 7.36 entitled “Transit System Improvements.”

(ii) Additional Materials.

(A) Letter from the Massachusetts Department of Environmental Protection dated December 13, 2006 submitting a revision to the Massachusetts State Implementation Plan.

(B) Letter from the Massachusetts Department of Environmental Protection dated June 1, 2007 submitting a revision to the Massachusetts State Implementation Plan.

(C) Letter from the Massachusetts Executive Office of Transportation dated September 4, 2007 identifying its commitment to the Green Line extension and to make every effort to accelerate the planning, design and environmental review and permitting of the project in order to work towards the 2014 completion date.

(D) Letter from the Chair of the Boston Region Metropolitan Planning Organization dated May 1, 2008 concurring in the finding that the transit system improvements projects will achieve emission benefits equivalent to or greater than the benefits from the original transit system improvements projects being replaced.

(E) Letter from EPA New England Regional Administrator dated July 5, 2008 concurring in the finding that the transit system improvements projects will achieve emission benefits equivalent to or greater than the benefits from the original transit system improvements projects being replaced.

(137) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 1, 2009 and November 30, 2009.

(i) Incorporation by reference.

(A) Regulation 310 CMR 60.02 entitled “Massachusetts Motor Vehicle Emissions Inspection and Maintenance Program,” effective in the Commonwealth of Massachusetts on September 5, 2008, with the exception of subsection 310 CMR 60.02(24)(f).

(B) Regulation 540 CMR 4.00 entitled “Annual Safety and Combined Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers and Converter Dollies,” effective in the Commonwealth of Massachusetts on September 5, 2008.

(ii) Additional materials.

(A) Letter from the Massachusetts Department of Environmental Protection, dated June 1, 2009, submitting a revision to the Massachusetts State Implementation Plan.

(B) Letter from the Massachusetts Department of Environmental Protection, dated November 30, 2009, amending the June 1, 2009 State Implementation Plan submittal.

(C) Massachusetts June 1, 2009 SIP Revision Table of Contents Item 7, “Documentation of IM SIP Revision consistent with 42 USC Section 7511a and Section 182(c)(3)(A) of the Clean Air Act.”

(138) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on June 1, 2010.

(i) Incorporation by reference.

(A) Massachusetts Regulation 310 CMR 7.18(8), “U Solvent Metal Degreasing,” effective on March 6, 2009.

(B) Massachusetts Regulation 310 CMR 7.24(6), “U Dispensing of Motor Vehicle Fuel,” effective on March 1, 2009.

(C) The definitions of the following terms contained in Massachusetts Regulation 310 CMR 7.00, “Statutory Authority; Legend; Preamble; Definitions,” effective on March 1, 2009: isolate; minor modification; routine maintenance; solvent metal degreasing; special and extreme solvent metal cleaning; substantial modification.

(139) Revisions to the State Implementation Plan regarding Regional Haze submitted by the Massachusetts Department of Environmental Protection on December 30, 2011, August 9, 2012, and August 28, 2012.

(i) Incorporation by reference.

(A) Massachusetts Regulation 310 CMR 7.00, “Definitions,” amended definition of SULFUR IN FUEL, effective August 3, 2012.

(B) Massachusetts Regulation 310 CMR 7.05, “U Fuels All Districts,” effective August 3, 2012, with the following exceptions which are not applicable to the Massachusetts Alternative to BART:

(1) 310 CMR 7.05(1)(a)(3);

(2) 310 CMR 7.05(2) through (4); and

(3) 310 CMR 7.05(7) through (9).

(C) Massachusetts Regulation 310 CMR 7.29, “Emissions Standards for Power Plants,” effective on January 25, 2008 (which includes previous sections effective on June 29, 2007), with the following exceptions which are not applicable to the Massachusetts Alternative to BART:

(1) In 310 CMR 7.29(1), the reference to mercury (Hg), carbon monoxide (CO), carbon dioxide (CO2), and fine particulate matter (PM2.5) in the first sentence and the phrase “.  .  . and CO2 and establishing a cap on CO2 and Hg emissions from affected facilities. CO2 emissions standards set forth in 310 CMR 7.29(5)(a)5.a. and b. shall not apply to emissions that occur after December 31, 2008” in the second sentence;

(2) In 310 CMR 7.29(2), the definitions of Alternate Hg Designated Representative, Automated Acquisition and Handling System or DAHS, Mercury (Hg) Designated Representative, Mercury Continuous Emission Monitoring System or Mercury CEMS, Mercury Monitoring System, Sorbent Trap Monitoring System, and Total Mercury;

(3) 310 CMR 7.29(5)(a)(3) through (5)(a)(6);

(4) In 310 CMR 7.29(5)(b)(1), reference to compliance with the mercury emissions standard in the second sentence;

(5) 310 CMR 7.29(6)(a)(3) through (6)(a)(4);

(6) 310 CMR 7.29(6)(b)(10);

(7) 310 CMR 7.29(6)(h)(2);

(8) The third and fourth sentences in 310 CMR 7.29(7)(a);

(9) In 310 CMR 7.29(7)(b)(1), the reference to CO2 and mercury;

(10) In 310 CMR 7.29(7)(b)(1)(a), the reference to CO2 and mercury;

(11) 310 CMR 7.29(7)(b)(1)(b) through 7.29(7)(b)(1)(d);

(12) In 310 CMR 7.29(7)(b)(3), the reference to CO2 and mercury;

(13) In 310 CMR 7.29(7)(b)(4)(b), the reference to CO2 and mercury; and

(14) 310 CMR 7.29(7)(e) through 7.29(7)(i).

(D) Massachusetts Regulation 310 CMR 7.26, “Industry Performance Standards, Outdoor Hydronic Heaters” paragraphs (50) through (54) and related footnotes effective December 26, 2008.

(1) 310 CMR 7.26(50) Outdoor Hydronic Heaters—Applicability;

(2) 310 CMR 7.26(51) Definitions;

(3) 310 CMR 7.26(52) Requirements for Operators;

(4) 310 CMR 7.26(53) Requirements for Sellers; and

(5) 310 CMR 7.26(54) Requirements for Manufacturers.

(E) The sulfur dioxide (SO2), oxides of nitrogen (NOX), and PM2.5 provisions of the Massachusetts Department of Environmental Protection Emission Control Plan “Saugus—Metropolitan, Boston/Northeast Region, 310 CMR 7.08(2)—Municipal Waste Combustors, Application No. MBR-98-ECP-006, Transmittal No. W003302, Emission Control Plan Modified Final Approval” dated March 14, 2012 to Mr. Jairaj Gosine, Wheelabrator Saugus, Inc. and signed by Cosmo Buttaro and James E. Belsky, with the following exceptions which are not applicable to the Massachusetts Alternative to BART.

(1) In Table 2, the EU1 and EU2 Unit Load Restriction/Operating Practices;

(2) In Table 2, the EU1 and EU2 Emission Limit/Standard for Opacity, HCl, Dioxin/Furon, Cd, Pb, CO, Hg, NH3, and associated footnotes;

(3) In Table 2, EU3 Fugitive Ash requirement and associated footnote.

(4) In Table 2, Footnote 1 which is a State Only Requirement.

(F) The Massachusetts Department of Environmental Protection Emission Control Plan “Lynn—Metropolitan, Boston/Northeast Region, 310 CMR 7.19, Application No. MBR-94-COM-008, Transmittal No. X235617, Modified Emission Control Plan Final Approval” dated March 24, 2011 to Ms. Jolanta Wojas, General Electric Aviation and signed by Marc Altobelli and James E. Belsky. Note, this document contains two section V; V. RECORD KEEPING AND REPORTING REQUIREMENTS and V. GENERAL REQUIREMENTS/PROVISIONS.

(G) The Massachusetts Department of Environmental Protection Emission Control Plan, “Holyoke Western Region 310 CMR 7.29 Power Plant Emission Standards, Application No. 1-E-01-072, Transmittal No. W025214, Amended Emission Control Plan” dated May 15, 2009 to Mr. John S. Murry, Mt. Tom Generating Company, LLC and signed by Marc Simpson, with the following exceptions which are not applicable to the Massachusetts Alternative to BART:

(1) In Table 2, the EU 1 Emission Limit/Standard for Hg, CO, CO2, and PM2.5 and related footnotes;

(2) In Table 3, the EU1 Monitoring/Testing Requirements for CO2, CO, PM2.5, and Hg;

(3) In Table 4, the EU 1 Record Keeping Requirements for CO2, CO, PM2.5, and Hg;

(4) In Table 5, the EU1 Reporting Requirements for Hg;

(5) In Table 5, the Facility Reporting requirements

(6) In Table 6, the Compliance Paths for Hg and CO2 and related footnote;

(7) In Section 4, Special Conditions for ECP, Item 4, applicable to CO2;

(8) Section 6, Modification to the ECP;

(9) Section 7, Massachusetts Environmental Policy Act; and

(10) Section 8, Appeal of Approval.

(H) The Massachusetts Department of Environmental Protection Emission Control Plan “Salem—Metropolitan Boston/Northeast Region, 310 CMR 7.29 Power Plant Emission Standards, Application No. NE-12-003, Transmittal No. X241756, Final Amended Emission Control Plan Approval” dated March 27, 2012 to Mr. Lamont W. Beaudette, Dominion Energy Salem Harbor, LLC and signed by Edward J. Braczyk, Cosmo Buttaro, and James E. Belsky with the following exceptions which are not applicable to the Massachusetts Alternative to BART:

(1) In Table 2, the EU 1, EU 2, and EU 3 Emission Limit/Standard for Hg and related footnotes;

(2) In Table 2, the EU 1, EU 2, EU 3, and EU 4 Emission Limit/Standard for CO, CO2, PM2.5 and related footnotes;

(3) In Table 3, the EU 1, EU 2, EU 3, and EU 4 Monitoring/Testing Requirements for CO2, CO, and PM2.5;

(4) In Table 3, the EU 1, EU 2, and EU 3 Monitoring/Testing Requirements for Hg;

(5) In Table 4, the EU 1, EU 2, EU 3, and EU 4 Record Keeping Requirements for CO2, CO, and PM2.5;

(6) In Table 4, the EU 1, EU 2, and EU 3 Record Keeping Requirements for Hg;

(7) In Table 5, the EU 1, EU 2, EU 3, and EU 4 Reporting Requirements for CO2;

(8) In Table 5, the EU 1, EU 2, and EU 3 Reporting Requirements for Hg;

(9) In Section 3, Compliance Schedule, the 3rd paragraph text which reads “In order to meet the regulatory Hg limits which are effective on October 1, 2012, the facility owner/operator has proposed using a combination strategy involving fuel mix optimization (for SO2 compliance but this action will benefit Hg compliance as well) and installation of a Calcium Bromide injection system. In order to meet the 310 CMR 7.29 CO2 emission targets, the Dominion Energy Salem Harbor, LLC facility owner/operator procured offset credits from both its Dominion Energy Brayton Point facility and third party contacts and paid into the Greenhouse Gas Expendable Trust;”

(10) Section 6, Modification to the ECP;

(11) Section 7, Massachusetts Environmental Policy Act; and

(12) Section 8, Appeal of Approval.

(I) Massachusetts Department of Environmental Protection Emission Control Plan “Amended Emission Control Plan Final Approval Application for: BWP AQ 25, 310 CMR 7.29 Power Plant Emission Standards, Transmittal Number X241755, Application Number SE-12-003, Source Number: 1200061” dated April 12, 2012 to Peter Balkus, Dominion Energy Brayton Point, LLC and signed by John K. Winkler, with the following exceptions which are not applicable to the Massachusetts Alternative to BART:

(1) In Table 2, the EU 1, EU 2, and EU 3 Emission Limit/Standard for Hg;

(2) In Table 2, the EU 1, EU 2, EU 3, EU 4 Emission Limit/Standard for CO, CO2, PM2.5 and related footnotes;

(3) In Table 3, the EU 1, EU 2, EU 3, and EU 4 Monitoring/Testing Requirements for CO2, Hg, CO, and PM2.5;

(4) In Table 3, the EU 1, EU 2, and EU 3 Monitoring/Testing Requirements for Hg;

(5) In Table 4, the EU 1, EU 2, EU 3, and EU 4 Record Keeping Requirements for CO2, Hg, CO, and PM2.5;

(6) In Table 4, the EU 1, EU 2, and EU 3 Record Keeping Requirements for Hg;

(7) In Table 5, the EU 1, EU 2, and EU 3 Reporting Requirements for Hg and CEMS monitoring and certification;

(8) In Table 5, the Facility Reporting Requirements;

(9) In Table 6, the Compliance Path for CO2, and Hg;

(10) In Section 4, Special Conditions for ECP, the CO2 requirement in Item 2;

(11) Section 6, Modification to the ECP;

(12) Section 7, Massachusetts Environmental Policy Act; and

(13) Section 8, Appeal of Approval.

(J) Massachusetts Department of Environmental Protection letter “Facility Shutdown, FMF Facility No. 316744” dated June 22, 2011 to Jeff Araujo, Somerset Power LLC and signed by John K. Winkler.

(ii) Additional materials.

(A) “Massachusetts Regional Haze State Implementation Plan” dated August 9, 2012.

(140) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on Protection on August 9, 2001, September 14, 2006, and February 18, 2008.

(i) Incorporation by reference.

(A) Provision 310 CMR 7.12(1)(a)1 of 310 CMR 7.12, “U Source Registration” effective on August 3, 2001.

(B) Provisions 310 CMR 7.12(2)(c), 7.12(3), and 7.12(4) of 310 CMR 7.12, “U Source Registration” effective on September 23, 2005.

(C) Provision 310 CMR 7.00, Table entitled, “Massachusetts Cities & Towns with Corresponding DEP Regional Offices and Air Pollution Districts” effective on December 28, 2007.

(D) Provisions 310 CMR 7.04(2) and 7.04(4)(a) of 310 CMR 7.04, “U Fossil Fuel Utilization Facilities” effective on December 28, 2007.

(E) Provisions 310 CMR 7.12(1)(a)2 through 9, (1)(b), (1)(c), (2)(a) and (b) of 310 CMR 7.12, “U Source Registration” effective on December 28, 2007.

(F) Provisions 310 CMR 7.26(30) through (37) of 310 CMR 7.26 “Industry Performance Standards” effective on December 28, 2007.

(ii) Additional materials.

(A) A letter from the Massachusetts Department of Environmental Protection dated August 9, 2001 submitting a revision to the State Implementation Plan.

(B) A letter from the Massachusetts Department of Environmental Protection dated September 14, 2006 submitting a revision to the State Implementation Plan.

(C) A letter from the Massachusetts Department of Environmental Protection dated February 13, 2008 submitting a revision to the State Implementation Plan.

(D) A letter from the Massachusetts Department of Environmental Protection dated January 18, 2013 withdrawing certain outdated and obsolete regulation submittals and replacing them with currently effective versions of the regulation for approval and inclusion into the SIP.

(141) Revisions to the State Implementation Plan submitted to EPA by the Massachusetts Department of Environmental Protection.

(i) Incorporation by reference.

(A) Massachusetts Regulation 310 CMR 7.00, “Statutory Authority; Legend; Preamble; Definitions,” effective on August 3, 2001, the definition for compliance certification.

(B) Massachusetts Regulation 310 CMR 7.00, “Statutory Authority; Legend; Preamble; Definitions,” effective on September 23, 2005, the definitions for adhesion promoter, Administrator, anti-glare safety coating, aqueous cleaner, automotive refinishing facility, bakery, capture efficiency, CEMS, CFR, combined cycle combustion turbine, dry bottom, duct burner, elastomeric coating, emergency or standby engine, emission statement, energy input capacity, EPA, existing facility, face firing, facility, federally enforceable, federal potential to emit or federal potential emissions, ferrous cupola foundry, four-stage coating system, fuel cell, fugitive emissions, glass, glass melting furnace, halogenated organic compound, hardener, hazardous air pollutant (HAP), heat release rate, impact-resistant coating, lean burn engine, lowest achievable emission rate (LAER), malfunction, maximum achievable control technology, maximum design capacity, mobile equipment, MW, natural draft opening, nonattainment area, nonattainment review, non-criteria pollutant, potential emissions or potential to emit, pretreatment wash primer, primer sealer, primer surfacer, reducer, simple cycle combustion turbine, single-stage topcoat, soap, specialty coating, stationary combustion turbine, stationary reciprocating internal combustion engine, stencil coating, stoker, surface preparation product, tangential firing, three-stage coating system, touch-up coating, two-stage topcoat, underbody coating, uniform finish blender.

(C) Massachusetts Regulation 310 CMR 7.00, “Statutory Authority; Legend; Preamble; Definitions,” effective on June 2, 2006, the definitions for water hold-out coating, weld-through primer, VOC composite partial pressure.

(D) Massachusetts Regulation 310 CMR 7.05, “U Fuels All Districts,” paragraph (2), “U Use of Residual Fuel Oil or Hazardous Waste Fuel,” effective on September 23, 2005.

(E) Massachusetts Regulation 310 CMR 7.18, “U Volatile and Halogenated Organic Compounds,” effective on September 23, 2005, paragraph (1), “U Applicability and Handling Requirements,” subparagraphs (a) and (c) through (f); paragraph (2), “U Compliance with Emission Limitations” (as corrected in Massachusetts Register 1037, October 21, 2005); paragraph (3), U Metal Furniture Coating, subparagraph (a); paragraph (4), U Metal Can Surface Coating, subparagraph (a); paragraph (11), “U Surface Coating of Miscellaneous Metal Parts and Products,” subparagraphs (a) through (d)(4.); paragraph (19), “Synthetic Organic Chemical Manufacture,” subparagraphs (h) and (i); paragraph (20), “Emission Control Plans for Implementation of Reasonably Available Control Technology;” paragraph (21), “Surface Coating of Plastic Parts,” subparagraphs (a) through (d) and (f) through (i); paragraph (22), “Leather Surface Coating,” subparagraphs (a) through (c); paragraph (23), “Wood Products Surface Coating,” subparagraphs (b) through (i); paragraph (24), “Flat Wood Paneling Surface Coating,” subparagraphs (a) through (c) and subparagraphs (h) and (i); paragraph (25), “Offset Lithographic Printing,” subparagraphs (a) through (c); paragraph (26), “Textile Finishing,” subparagraphs (c) through (i); paragraph (27), “Coating Mixing Tanks;” paragraph (28), “Automotive Refinishing,” and paragraph (29), “Bakeries,” subparagraph (c) 2.

(F) Massachusetts Regulation 310 CMR 7.19, “U Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOX),” effective on August 3, 2001; paragraph (1), “Applicability,” subparagraph (c) 9. (as corrected in Massachusetts Register 938, January 4, 2002); paragraph (4), “Large Boilers,” subparagraphs (b)3.d. (as corrected in Massachusetts Register 938, January 4, 2002), (c) 2., and (f); paragraph (5), “Medium-size Boilers,” subparagraph (d).

(G) Massachusetts Regulation 310 CMR 7.19, “U Reasonably Available Control Technology (RACT) for Sources of Oxides of Nitrogen (NOX),” paragraph (13), “Testing, Monitoring, Recordkeeping, and Reporting Requirements,” subparagraphs (a), “Applicability,” and (c), “Stack Testing”, effective September 23, 2005.

(H) Massachusetts Regulation 310 CMR 7.24, “U Organic Material Storage and Distribution,” subparagraph (1), “Organic Material Storage Tanks,” effective September 23, 2005.

(I) Massachusetts Regulation 310 CMR 7.24, “U Organic Material Storage and Distribution,” subparagraph (4), “Motor Vehicle Fuel Tank Trucks,” effective June 2, 2006.

[37 FR 10871, May 31, 1972]

Editorial Note: For Federal Register citations affecting §52.1120, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§52.1121   Classification of regions.

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

Air quality control regionPollutant
Particulate matterSulfur oxidesNitrogen dioxideCarbon monoxideOzone
Metropolitan Boston IntrastateIIIIIII
Merrimack Valley-Southern New Hampshire InterstateIIIIIIIIIII
Metropolitan Providence InterstateIIIIIIIIIII
Central Massachusetts IntrastateIIIIIIIIIIII
Hartford-New Haven-Springfield InterstateIIIIIII
Berkshire IntrastateIIIIIIIIIIIIII

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

§52.1122   [Reserved]

§52.1123   Approval status.

(a) With the exceptions set forth in this subpart the Administrator approves the Massachusetts plan as identified in §52.1120 for attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan identified in §52.1120 satisfies all requirements of Part D, Title I of the Clean Air Act as amended in 1977, except as noted below. In addition, continued satisfaction of the requirements of Part D of the ozone portion of the SIP depends on the adoption and submittal of RACT requirements by July 1, 1980 for the sources covered by CTGs issued between January 1978 and January 1979 and adoption and submittal by each subsequent January of additional RACT requirements for sourceovered by CTGs issued by the previous January.

(b) The above requirements for continued satisfaction of Part D are fulfilled by Massachusetts Regulation 310 CMR 7.18(17) and a narrative commitment to review CTG IIIs issued in the future. Both were submitted on September 9, 1982. Additionally, each individual RACT determination made under 310 CMR 7.18(17) will be submitted as a SIP revision to incorporate the limitation into the SIP, and DEQE will propose regulations for CTG III category controls if the controls are appropriate for the State.

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

§52.1124   Review of new sources and modifications.

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

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

§52.1125   Emission inventories.

(a) The Governor's designee for the Commonwealth of Massachusetts submitted the 1990 base year emission inventories for the Springfield nonattainment area and the Massachusetts portion of the Boston-Lawrence-Worcester ozone nonattainment area on November 13, 1992 as a revision to the State Implementation Plan (SIP). Revisions to the inventories were submitted on November 15, 1993, and November 15, 1994, and March 31, 1997. The 1990 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for these areas.

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

(c) Taken together, the Springfield nonattainment area and the Massachusetts portion of the Boston-Lawrence-Worcester nonattainment area encompass the entire geographic area of the State. Both areas are classified as serious ozone nonattainment areas.

(d) The state of Massachusetts submitted base year emission inventories representing emissions for calendar year 2002 from the Boston-Lawrence-Worcester moderate 8-hour ozone nonattainment area and the Springfield moderate 8-hour ozone nonattainment area on January 31, 2008 as revisions to the State's SIP. The 2002 base year emission inventory requirement of section 182(a)(1) of the Clean Air Act, as amended in 1990, has been satisfied for these areas. The inventories consist of emission estimates of volatile organic compounds and nitrogen oxides, and cover point, area, non-road mobile, on-road mobile and biogenic sources. The inventories were submitted as revisions to the SIP in partial fulfillment of obligations for nonattainment areas under EPA's 1997 8-hour ozone standard.

[62 FR 37514, July 14, 1997, as amended at 77 FR 50601, Aug. 22, 2012]

§52.1126   Control strategy: Sulfur oxides.

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

SourceLocationRegulation involvedDate of adoption
Deerfield Specialty Papers, IncMonroe Bridge5.1.2Oct. 17, 1972.
Hollingsworth & Vose CoEast Walpole5.1.2June 29, 1972.
Pepperell Paper CoPepperell5.1.2Nov. 29, 1972.
Stevens Paper Mills, IncWestfield and South Hadley5.1.2July 27, 1972.
Tileston and Hollingsworth CoHyde Park5.1.1Nov. 21, 1972.
All sources in Berkshire APCD5.1.2      Do.

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

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

Pioneer Valley APCD

Belchertown State School, Belchertown

James River Graphics (formerly Scott Graphics), south Hadley (conditioned upon operation of the boilers on only one of the two stacks at any given time, and operation being so restricted in the source's operating permit granted by the Massachusetts Department of Environmental Quality Engineering.)

Massachusetts Mutual Life Insurance Company, Springfield.

Northampton State Hospital, Northampton.

Springfield Technical Community College, Springfield.

Stanley Home Products, Easthampton.

Stevens Elastomeric Industries, Easthampton.

Ware Industries, Ware.

Westfield State College, Westfield.

Westover Air Force Base (Building 1411), Chicopee.

University of Massachusetts, Amherst.

Mount Tom Generating Station, Holyoke.

(2) Massachusetts Regulation 310 CMR 7.05(1)(e)(3) for Pioneer Valley, as submitted on March 2, 1979, and May 5, 1981, which allows sources in Hampshire and Franklin Counties rated at less than 100 million Btu per hour heat input capacity to burn fuel oil having a sulfur content of not more than 1.21 pounds per million Btu heat release potential (approximately equivalent to 2.2% sulfur content) is approved for all such sources with the exception of:

Strathmore Paper Co., Montague.

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

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

Central Massachusetts APCD

Borden, Inc., Chemical Division, Leominster (conditioned upon first completing construction of new stack and certification of completion to the EPA by the Massachusetts Department of Environmental Quality Engineering.).

Gardner State Hospital, Gardner.

Grafton State Hospital, Grafton.

Haywood-Shuster Woolen, E. Douglas.

Cranston Prints Works, Webster.

Baldwinville products, Templeton—(conditioned upon first completing construction of new stack, and certification of completion to the EPA by the Massachusetts Department of Environmental Quality Engineering.).

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

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

Southeastern Massachusetts APCD

L&O Realty Trust, Taunton.

New Bedford Gas and Electric, New Bedford.

Texas Instruments, Attleboro.

Arkwright Finishing Incorporated, Fall River.

Foster Forbes Glass Company, Milford.

Owens Illinois Inc., Mansfield.

Harodite Finishing Corporation, Dighton—(conditioned upon prior removal of rain-caps from stack, and certification of completion to the EPA by the Massachusetts Department of Environmental Quality Engineering.)

Polaroid Corporation, New Bedford.

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

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

(f) Massachusetts Regulation 310 CMR 7.05(1) (formerly Regulation 5.1) for the Metropolitan Boston Air Pollution Control District, which allows a relaxation of sulfur in fuel limitations under certain conditions, is approved for the following sources. All other sources remain subject to the previously approved requirements of Regulation 7.05(1) which stipulate that sources in Arlington, Belmont, Boston, Brookline, Cambridge, Chelsea, Everett, Malden, Medford, Newton, Somerville, Waltham, and Watertown (the Boston Core Area) are limited to burn fuel with a sulfur content not in excess of 0.28 pounds per million Btu heat release potential (approximately 0.5% sulfur content residual oil; sources in the remaining APCD are limited to burn fuel with a sulfur content not in excess of 0.55 pounds per million Btu heat release potential (approximately 1% sulfur content residual oil).

Metropolitan Boston APCD

General Motors, Framingham.

Polaroid Corporation, Norwood.

Bird and Son, East Walpole.

Massachusetts Correctional Institute, South Walpole.

Bridgewater State College, Bridgewater.

Hanscom Field, Bedford.

Wellesley College, Wellesley.

National Tanning and Trading, Peabody.

General Tire, Reading.

General Food Corporation, Atlantic Gelatin, Woburn.

Massachusetts Correctional Institute, Bridgewater.

W. R. Grace, Acton.

Massachusetts Correctional Institute, Concord.

Danvers State Hospital, Danvers.

New England Power Company, Salem Harbor Station, Salem; Boston Edison, L Street, New Boston Station, Boston; Boston Edison, Mystic Station, Everett; Ventron Corporation, Danvers; General Electric, Lynn River Works, Lynn; U.S.M. Corporation, Beverly; Medfield State Hospital, Medfield; General Dynamics, Quincy; Hollingsworth and Vose, East Walpole; Kendal Company, Walpole; Dennison Manufacturing Company, Framingham.

Procter and Gamble Company, Quincy.

Natick Paperboard Corporation, Natick.

[38 FR 9089, Apr. 10, 1973]

Editorial Note: For Federal Register citations affecting §52.1126, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§52.1127   Attainment dates for national standards.

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

Air quality control region Pollutant
SO2 PM10 NO2 CO O3
Primary Secondary
AQCR 42: Hartford-New Haven-Springfield Interstate Area (See 40 CFR 81.26)(a)(b)(a)(a)(a)(c)
AQCR 117: Berkshire Intrastat Area (See 40 CFR 81.141)(a)(b)(a)(a)(a)(c)
AQCR 118: Central Mass Intrastate Area (See 4r0 CFR 81.142)(a)(b)(a)(a)(a)(d)
AQCR 119: Metropolitan Boston Intrastate Area (See 40 CFR 81.19)(a)(b)(a)(a)(a)(d)
AQCR 120: Metropolitan Providence Interstate Area (See 40 CFR 81.31)(a)(b)(a)(a)(a)(d)
AQCR 121: Merrimack Valley-Southern NH Interstate Area (See 40 CFR 81.81)(a)(b)(a)(a)(a)(d)

a. Air quality presently below primary standards or area is unclassifiable.

b. Air quality levels presently secondary standatrds or area is unclassifiable.

c. December 31, 2003.

d. November 15, 2007.

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

§52.1128   Transportation and land use controls.

(a) For purposes of this subpart, the definitions herein are applicable.

(b) Definitions:

(1) Register as applied to a motor vehicle, means the licensing of such motor vehicle for general operation on public roads or highways by the appropriate agency of the Federal Government or by the Commonwealth.

(2) Boston Intrastate Region means the Metropolitan Boston Intrastate Air Quality Control Region, as defined in §81.19 of this part.

(3) [Reserved]

(4) Freeze area means that portion of the Boston Intrastate Region enclosed within the following boundaries:

The City of Cambridge; that portion of the City of Boston from the Charles River and the Boston Inner Harbor on north and northeast of pier 4 on Northern Avenue; by the east side of pier 4 to B Street, B Street extension of B Street to B Street, B Street, Dorchester Avenue, and the Preble Street to Old Colony Avenue, then east to the water, then by the water's edge around Columbia Point on various courses generally easterly, southerly, and westerly to the center of the bridge on Morrissey Boulevard, on the east and southeast; then due west to Freeport Street, Freeport Street, Dorchester Avenue, Southeast Expressway, Southampton Street, Reading Street, Island Street, Chadwick Street, Carlow Street, Albany Street, Hunneman Street, Madison Street, Windsor Street, Cabot Street, Ruggles Street, Parker Street, Ward Street, Huntington Avenue, Brookline-Boston municipal boundary, Mountford Street to the Boston University Bridge on the southwest and west; and the Logan International Airport. Where a street or roadway forms a boundary the entire right-of-way of the street is within the freeze area as defined.

(5) Boston proper means that portion of the City of Boston, Massachusetts, contained within the following boundaries: The Charles River and Boston Inner Harbor on the northwest, north, and northeast, the Inner Harbor, Fort Point Channel, Fitzgerald Expressway, and the Massachusetts Avenue Expressway access branch on the east and southeast, and Massachusetts Avenue on the west. Where a street or roadway forms a boundary, the entire right-of-way of the street is within the Boston proper area as here defined.

(6) Regional Administrator means the Administrator of Region I of the U.S. Environmental Protection Agency.

(7) Governor means the Governor of the Commonwealth or the head of such executive office of the Commonwealth as the Governor shall designate as responsible for carrying out specific provisions of this subpart.

(8) Commonwealth means the Commonwealth of Massachusetts.

[40 FR 25161, June 12, 1975]

§52.1129   Control strategy: Ozone.

(a) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on April 1, 1999, and supplemented on June 25, 1999 and September 9, 1999. The revisions are for the purpose of satisfying the rate of progress requirements of sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the Springfield, Massachusetts serious ozone nonattainment area.

(b) Approval—Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on July 27, 1998, October 1, 1998 and August 13, 1999. The revisions are for the purpose of satisfying the attainment demonstration requirements of section 182(c)(2)(A) of the Clean Air Act, for the Springfield (Western Massachusetts) serious ozone nonattainment area. The revision establishes an attainment date of December 31, 2003 for the Springfield, Massachusetts serious ozone nonattainment area. This revision establishes motor vehicle emissions budgets for 2003 of 23.77 tons per day of volatile organic compounds (VOC) and 49.11 tons per day of nitrogen oxides ( NOX) to be used in transportation conformity in the Springfield, Massachusetts serious ozone nonattainment area.

(c) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on April 10, 2002 and amended on July 26, 2002. The revisions are for the purpose of satisfying the rate of progress requirements of sections 182(b)(1) and 182(c)(2)(B) of the Clean Air Act for the Massachusetts portion of the Boston-Lawrence-Worcester serious ozone nonattainment area.

(d) Approval—Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental protection on July 27, 1998, and September 6, 2002. The revisions are for the purpose of satisfying the one-hour ozone attainment demonstration requirements of section 182(c)92)(A) pof the Clean Air Act, for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattiainment area. The revision establishes a one-hour attainment date of November 15, 2007l, for the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area. This revision establishes motor vehicle emissions budgets for 2007 of 86.7 tons per day of volatile organic compounds and 226.363 tons per day of nitrogen oxides to be used in transportation conformity in the Massachusets portion of the Boston-Lawrence-Worcester, MA-NH serious ozone nonattainment area.

(e) Determination of Attainment for the One-Hour Ozone Standard. Effective May 30, 2012, EPA is determining that the Springfield (Western Massachusetts) one-hour ozone nonattainment area did not meet its applicable one-hour ozone attainment date of December 31, 2003, based on 2001-2003 complete, quality-assured ozone monitoring data. Separate from and independent of this determination, EPA is determining that the Springfield (Western Massachusetts) one-hour ozone nonattainment area met the one-hour ozone standard, based on 2007-2009 complete, quality-assured ozone monitoring data at all monitoring sites in the area. EPA's review of the ozone data shows that the area began attaining the one-hour ozone standard during the 2007-2009 monitoring period, and has continued attaining the one-hour standard through the 2008-2010 and 2009-2011 monitoring periods.

(f) Determination of Attainment for the One-Hour Ozone Standard. Effective June 28, 2012, EPA is determining that the Boston-Lawrence-Worcester, MA-NH one-hour ozone nonattainment area met the one-hour ozone standard, by the area's applicable attainment date of November 15, 2007, based on 2005-2007 complete, certified, quality-assured ozone monitoring data at all monitoring sites in the area.

(g) Determination of Attainment. (1) Determination of Attainment by Attainment Date; and

(2) Determination of Attainment. Effective June 28, 2012.

(i) Determination of Attainment by the Area's Attainment Date. EPA is determining that the Boston-Lawrence-Worcester, MA eight-hour ozone nonattainment area met the applicable June 15, 2010 attainment deadline for the 1997 eight-hour ozone standard.

(ii) EPA is determining that the Boston-Lawrence-Worcester, MA eight-hour ozone nonattainment area has attained the 1997 eight-hour ozone standard. Under the provisions of EPA's ozone implementation rule (see 40 CFR 51.918), this determination suspends the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act for as long as the area continues to attain the 1997 eight-hour ozone standard. If EPA determines, after notice-and comment rulemaking, that the Boston-Lawrence-Worcester, MA area no longer meets the 1997 ozone NAAQS, this determination shall be withdrawn.

(h) Determinations of Attainment: Effective July 19, 2012.

(1) Determination of Attainment. EPA is determining that the Springfield (Western Massachusetts) 8-hour ozone nonattainment area has attained the 1997 8-hour ozone standard. Under the provisions of EPA's ozone implementation rule (see 40 CFR 51.918), this determination suspends the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act for as long as the area continues to attain the 1997 8-hour ozone standard. If EPA determines, after notice-and comment rulemaking, that the Western Massachusetts area no longer meets the 1997 ozone NAAQS, this determination shall be withdrawn.

(2) Determination of Attainment by the Area's Attainment Date. EPA has determined that the Springfield (Western Massachusetts) 8-hour ozone nonattainment area met the applicable June 15, 2010 attainment deadline for the 1997 8-hour ozone standard.

(i) Revisions to the State Implementation Plan submitted by the Massachusetts Department of Environmental Protection on January 31, 2008. These revisions are for the purpose of satisfying the rate of progress requirement of section 182(b)(1) from 2002 through 2008, and the contingency measure requirement of sections 172(c)(9) and of the Clean Air Act, for the Boston-Lawrence-Worcester (E. MA) moderate 8-hour ozone nonattainment area, and the Springfield (W. MA) moderate 8-hour ozone nonattainment area. These revisions establish motor vehicle emission budgets for 2008 of 68.30 tons per day of volatile organic compounds (VOCs) and 191.30 tons per day of nitrogen oxides (NOX) to be used in transportation conformity in the Boston-Lawrence-Worcester (E. MA) moderate 8-hour ozone nonattainment area. These revisions also establish motor vehicle emission budgets for 2008 for the Springfield (W. MA) moderate 8-hour ozone nonattainment area of 11.80 tons per day for VOCs, and 31.30 tons per day for NOX.

(j) Approval—Reasonably Available Control Technology Demonstration for the 1997 8-hour ozone standard submitted by the Massachusetts Department of Environmental Protection on January 31, 2008. The revision consists of the state's certification that with regard to the 1997 8-hour ozone standard, Reasonably Available Control Technology controls have been implemented for all sources in the state covered by EPA's Control Techniques Guidelines (CTG) and for all major sources of volatile organic compound and nitrogen oxide emissions. The submittal also includes negative declaration for several CTG categories.

[65 FR 68898, Nov. 15, 2000, as amended at 66 FR 693, Jan. 3, 2001; 67 FR 55125, Aug. 28, 2002; 67 FR 72579, Dec. 6, 2002; 77 FR 25363, Apr. 30, 2012; 77 FR 31498, May 29, 2012; 77 FR 36405, June 19, 2012; 77 FR 50601, Aug. 22, 2012; 78 FR 54961, Sept. 9, 2013]

§52.1130   [Reserved]

§52.1131   Control strategy: Particulate matter.

(a) Revisions to the following regulations submitted on March 30, 1979 are disapproved:

(1) Regulation 310 CMR 7.02(8), Table 2, new facilities greater than 250 million Btu/hr input burning solid fuel.

(2) Regulation 310 CMR 7.02(9), Table 5.

(b) Approval—Submittal from the Massachusetts Department of Environmental Protection, dated April 4, 2008 to address the Clean Air Act (CAA) infrastructure requirements for the 1997 PM2.5 NAAQS. This submittal satisfies requirements of CAA sections 110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation and public notification only), (K), (L), and (M).

(c) Conditional Approval—Submittal from the Massachusetts Department of Environmental Protection, dated April 4, 2008, to address the Clean Air Act (CAA) infrastructure requirements for the 1997 PM2.5 NAAQS is conditionally approved for CAA elements 110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon Massachusetts taking actions to meet requirements of these elements within one year of conditional approval, as committed to in a letter from the state to EPA Region 1 dated July 12, 2012.

(d) Disapproval—Submittal from the Massachusetts Department of Environmental Protection, dated April 4, 2008, to address the Clean Air Act (CAA) infrastructure requirements for the 1997 PM2.5 NAAQS. This submittal does not satisfy requirements of CAA sections 110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii), and (J) (PSD program only).

(e) Approval—Submittal from the Massachusetts Department of Environmental Protection, dated September 21, 2009, with supplements submitted on January 13, 2011, and August 19, 2011, to address the Clean Air Act (CAA) infrastructure requirements for the 2006 PM2.5 NAAQS. This submittal satisfies requirements of CAA sections 110(a)(2)(B), (C) (enforcement program only), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation and public notification only), (K), (L), and (M).

(f) Conditional Approval—Submittal from the Massachusetts Department of Environmental Protection, dated September 21, 2009, with supplements submitted on January 13, 2011, and August 19, 2011, to address the Clean Air Act (CAA) infrastructure requirements for the 2006 PM2.5 NAAQS is conditionally approved for CAA elements 110(a)(2)(A) and (E)(ii). This conditional approval is contingent upon Massachusetts taking actions to meet requirements of these elements within one year of conditional approval, as committed to in a letter from the state to EPA Region 1 dated July 12, 2012.

(g) Disapproval—Submittal from the Massachusetts Department of Environmental Protection, dated September 21, 2009, with supplements submitted on January 13, 2011, and August 19, 2011, to address the Clean Air Act (CAA) infrastructure requirements for the 2006 PM2.5 NAAQS. This submittal does not satisfy requirements of CAA sections 110(a)(2)(C) (PSD program only), (D)(i)(II) (PSD program only), (D)(ii), and (J) (PSD program only).

[45 FR 2044, Jan. 10, 1980, as amended at 77 FR 63233, Oct. 16, 2012]

§52.1132   Control strategy: Carbon Monoxide.

(a) Approval—On November 13, 1992, the Massachusetts Department of Environmental Protection submitted a revision to the carbon monoxide State Implementation Plan for the 1990 base year emission inventory. The inventory was submitted by the State of Massachusetts to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the carbon monoxide State Implementation Plan.

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

(c) Approval—On May 25, 2001, the Massachusetts Department of Environmental Protection submitted a revision to the carbon monoxide State Implementation Plan for the 1996 base year emission inventory. The inventory was submitted by the State of Massachusetts to satisfy Federal requirements under section 172(c) of the Clean Air Act as amended in 1990, as a revision to the carbon monoxide State Implementation Plan.

(d) Approval—On May 25, 2001, the Massachusetts Department of Environmental Protection (MADEP) submitted a request to redesignate the cities of Lowell, Springfield, Waltham, and Worcester from nonattainment area to attainment for carbon monoxide. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a 1996 emission inventory for carbon monoxide, a demonstration of maintenance of the carbon monoxide NAAQS with projected emission inventories to the year 2012 for carbon monoxide, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If an area records an exceedance or violation of the carbon monoxide NAAQS (which must be confirmed by the MADEP), Massachusetts will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively.

(e) Approval—On April 14, 2010, the Massachusetts Department of Environmental Protection submitted a modification to the Lowell maintenance plan approved in paragraph (c) of this section. Massachusetts will not conduct CO monitoring in Lowell, but instead commits to continue to collect and review CO monitoring data from nearby Worcester, MA on an on-going basis. In the event the second highest CO concentration in any calendar year monitored in Worcester reaches 75 percent of the federal 1-hour or 8-hour national ambient air quality standard for CO, Massachusetts will, within 9 months of recording such concentrations, re-establish a CO monitoring site in Lowell consistent with EPA citing criteria, and resume analyzing and reporting those data. Massachusetts commits to implement its contingency program in Lowell in the event that a CO violation is monitored at the re-established Lowell monitoring site at any time during the maintenance period. If the Worcester CO monitor measures a violation of either the federal 1-hour or 8-hour NAAQS for CO, contingency measures will be implemented in Lowell as well, until a re-established CO monitor in Lowell shows that the area is in attainment of the CO standard.

[61 FR 2923, Jan. 30, 1996, as amended at 67 FR 7278, Feb. 19, 2002; 76 FR 27910, May 13, 2011]

§52.1133   [Reserved]

§52.1134   Regulation limiting on-street parking by commuters.

(a) On-street parking means parking a motor vehicle on any street, highway, or roadway, except for legal stops within designated loading zones or areas defined for loading purposes, at or before intersections, as caution, safety and emergencies require, whether or not a person remains in the vehicle.

(b) Commencing on or before June 30, 1974, the Commonwealth, the City of Boston, the City of Cambridge, and administrative bodies of any of them having jurisdiction over any streets, highways, or roadways within the City of Cambridge or Boston proper, and the principal officials and administrative bodies thereof having responsibility over parking on such streets, highways, or roadways, shall adopt all necessary administrative and enforcement procedures and regulations to effect a prohibition of on-street parking within Boston proper between the hours of 7 a.m. and 9:30 a.m., and within the City of Cambridge between the hours of 7 a.m. and 10 a.m., except Saturdays, Sundays and legal holidays. The regulations shall state that violation of the prohibition shall be punishable by a fine of not less than $15. The City of Boston shall at a minimum eliminate 50 percent of on-street parking during the hours specified by January 1, 1976; 6623 percent by September 1, 1976; and 100 percent by March 1, 1977. The City of Cambridge shall at a minimum eliminate 3313 percent of on-street parking during the hours specified by September 30, 1974; 6623 percent by July 1, 1975; and 100 percent by March 1, 1977. Any other affected entity shall at a minimum eliminate 3313 percent of such parking during the hours of 7 a.m. to 10 a.m. by January 1, 1976; 6623 percent by September 1, 1976, and 100 percent by March 1, 1977.

(c) The following classes of vehicles shall be exempt from the requirements of this section, provided that on-street parking by such vehicles is in compliance with local and state regulations:

(1) Vehicles owned by residents of that portion of Boston included within Boston proper that are registered in Boston and display a resident parking sticker for that area issued by the City of Boston;

(2) Vehicles owned by residents of Cambridge that are registered in and parked within Cambridge and display an appropriate parking sticker issued by the City of Cambridge;

(3) Vehicles owned and operated by handicapped persons with HP license plates; and

(4) Vehicles registered as “commercial vehicles” by the Commonwealth and displaying appropriate license plates.

(d) On or before June 30, 1974, no owner or operator of a motor vehicle shall park, or permit the on-street parking of, said vehicle within Cambridge or Boston proper except in conformity with the provisions of this section and the measures implementing it.

(e) The Governor and the chief executive of any other governmental entity on which obligations are imposed by paragraph (b) of this section should, on or before April 15, 1974, submit to the Regional Administrator for his approval a detailed statement of the legal and administrative steps selected to effect the prohibition provided for in paragraphs (b) and (d) of this section, and a schedule of implementation consistent with the requirements of this section. Such schedule shall include as a minimum the following:

(1) Designation of one or more agencies responsible for the administration and enforcement of the program;

(2) The procedures by which the designated agency will enforce the prohibition provided for in paragraphs (b) and (d) of this section;

(3) The procedures by which vehicles exempt from the requirements of this section will be marked; and

(4) A map showing which streets will be subject to the ban according to the schedule of implementation.

(f) Upon a finding that substantial hardship would otherwise be experienced by employees of employment facilities located in Cambridge, the Director of Traffic and Parking of the City of Cambridge may issue special parking stickers to such employees which shall entitle vehicles to park during the hours of the ban. Such stickers shall be valid only for those streets and areas of streets clearly identified on the face of such stickers, shall be issued with preference being given to carpools and vanpools and shall be subject to immediate revocation if the vehicle is cited for a parking violation on a street or area other than those designated. A list of all persons receiving such stickers shall be sent to the Regional Administrator on or before July 1 of each year.

(g) The ban shall not apply to any street space which is subject to metered parking with a maximum allowable time limit of one hour.

[40 FR 25162, June 12, 1975]

§52.1135   Regulation for parking freeze.

(a) Definitions:

(1) The phrase to commence construction means to engage in a continuous program of on-site construction including site clearance, grading, dredging, or land filling specifically designed for a parking facility in preparation for the fabrication, erection, or installation of the building components of the facility. For the purpose of this paragraph, interruptions resulting from acts of God, strikes, litigation, or other matters beyond the control of the owner shall be disregarded in determining whether a construction or modification program is continuous.

(2) The phrase to commence modification means to engage in a continuous program of on-site modification including site clearance, grading, dredging, or land filling in preparation for a specific modification of the parking facility.

(3) The phrase commercial parking space means a space used for parking a vehicle in a commercial parking facility.

(4) [Reserved]

(5) Commercial parking facility (also called facility) means any lot, garage, building or structure, or combination or portion thereof, on or in which motor vehicles are temporarily parked for a fee, excluding (i) a parking facility, the use of which is limited exclusively to residents (and guests of residents) of a residential building or group of buildings under common control, and (ii) parking on public streets.

(6) Freeze means to maintain at all times after October 15, 1973, the total quantity of commercial parking spaces available for use at the same amounts as were available for use prior to said date; Provided, That such quantity may be increased by spaces the construction of which commenced prior to October 15, 1973, or as specifically permitted by paragraphs (n), (p) and (q) of this section; provided further that such additional spaces do not result in an increase of more than 10 percent in the total commercial parking spaces available for use on October 15, 1973, in any municipality within the freeze area or at Logan International Airport (“Logan Airport”). For purposes of the last clause of the previous sentence, the 10 percent limit shall apply to each municipality and Logan Airport separately.

(b) [Reserved]

(c) There is hereby established a freeze, as defined by paragraph (a)(6) of this section, on the availability of commercial parking facilities in the freeze area effective October 15, 1973. In the event construction in any municipality, commenced prior to October 15, 1973, results in a number of spaces which exceeds the 10 percent limit prescribed by paragraph (a)(6) of this section, then the Governor shall immediately take all necessary steps to assure that the available commercial spaces within such municipality shall be reduced to comply with the freeze. In the event that such limit is exceeded at Logan Airport, then the provisions of paragraph (m) of this section shall apply.

(d) [Reserved]

(e) After August 15, 1973, no person shall commence construction of any commercial parking facility or modification of any such existing facility in the freeze area unless and until he has obtained from the Governor or from an agency approved by the Governor a permit stating that construction or modification of such facility will be in compliance with the parking freeze established by paragraph (c) of this section. This paragraph shall not apply to any proposed parking facility for which a general construction contract was finally executed by all appropriate parties on or before August 15, 1973.

(f) The Governor shall notify the Regional Administrator in writing within 10 days of approval of any agency pursuant to paragraph (e) of this section. In order for any agency to be approved by the Governor for purposes of issuing permits pursuant to paragraph (e) of this section, such agency shall demonstrate to the satisfaction of the Governor that:

(1) Requirements for permit application and issuance have been established. Such requirements shall include but not be limited to a condition that before a permit may be issued the following findings of fact or factually supported projections must be made:

(i) The location of the facility; and

(ii) The total motor vehicle capacity before and after the proposed construction or modification of the facility.

(2) Criteria for issuance of permits have been established and published. Such criteria shall include, but not be limited to:

(i) Full consideration of all facts contained in the application.

(ii) Provisions that no permit will be issued if construction or modification of the facility will not comply with the requirements of paragraph (c) of this section.

(3) Agency procedures provide that no permit for the construction or modification of a facility covered by this section shall be issued without notice and opportunity for public hearing. The public hearing may be of a legislative type; the notice shall conform to the requirements of 40 CFR 51.4(b); and the agency rules or procedures may provide that if no notice of intent to participate in the hearing is received from any member of the public (other than the applicant) prior to 7 days before the scheduled hearing date, no hearing need be held. If notice of intent to participate is required, the fact shall be noted prominently in the required hearing notice.

(g)-(l) [Reserved]

(m) On or before January 30, 1975, the Massachusetts Port Authority (“Massport”) shall prepare and submit to the Governor for his approval a plan showing the manner in which the number of commercial parking spaces at Logan Airport which exceeds the number of such spaces permitted under the freeze shall be removed from use. The Governor shall approve such plan if he determines that (1) implementation of such plan would result in reducing the aggregate number of commercial parking spaces to the level of such spaces permitted by this section, (2) Massport has adequate legal authority to implement such plan and (3) adequate commitments have been made by Massport to assure the Governor that such plan will be fully implemented and maintained on and after May 1, 1976. In the event that the Governor does not approve such plan by April 1, 1976, then the owner or operator of each commercial parking facility located at Logan Airport shall, on or before July 1, 1976, reduce the number of commercial parking spaces available for use at each such facility by an amount which bears the same proportion to the number of spaces exceeding the limit imposed by this section as the number of spaces available at such facility bears the total number of such spaces which were available for use at Logan Airport on April 1, 1976.

(n) Where an agency approved by the Governor under paragraph (e) of this section to issue permits for new construction in the City of Cambridge demonstrates to the satisfaction of the Governor that (1) specific on-street parking spaces in use as of October 15, 1973, were being legally and regularly used as of such date for parking by commuters (as that term is defined in §52.1161(a)(6)) who are not residents of Cambridge and that (2) effective measures have been implemented (including adequate enforcement) to prevent such spaces from being used by such commuters, then such approved agency may issue permits for construction of additional new commercial parking spaces equal to one-half of the number of spaces removed from regular use by such commuters and the total quantity of commercial parking spaces allowable in Cambridge under this section shall be raised accordingly.

(o) On or before July 31, 1976, and on or before each succeeding July 31, the Governor and the chief executive officer of any agency approved by the Governor under paragraph (e) of this section shall submit a report to the Regional Administrator setting forth:

(1) The names and addresses of all persons who received permits during the previous twelve-month period ending June 30 and number of spaces allocated to each such person;

(2) The number of commercial parking spaces available for use as of the June 30 prior to the date of the report;

(3) The number of commercial parking spaces which remain available for allocation by the Governor or such agency as of the June 30 prior to the date of the report, including those spaces made available because of retirement of existing commercial parking spaces as well as those spaces made available because of the effects of paragraphs (n), (p) and (q) of this section; and

(4) The location and capacity of any park-and-ride facility designated under paragraph (p) of this section.

(p) The Governor and any approved agency may issue a permit to construct a commercial parking facility which is designated by the Governor as a park-and-ride facility to be operated in conjunction with mass transit service without regard to the limitations on number of spaces imposed by this section.

(q) Where an agency approved by the Governor can demonstrate to the satisfaction of the Governor that there have been physically eliminated through permanent modification or demolition any legal on-street parking spaces within a municipality then such agency may issue permits for construction within that municipality of additional new commercial parking spaces equal to the number of spaces thus eliminated and the total quantity of commercial parking spaces allowable for such municipality under this section shall be increased accordingly.

(r) The provisions of this regulation shall cease to be effective as to that portion of the freeze area lying within the City of Boston and not included within Boston proper or Logan Airport at such time as the City of Boston implements a program, approved by the Governor, which shall include effective measures to control the construction of additional commercial parking spaces within that area, including procedures for issuance of conditional use permits under applicable zoning regulations and for assuring compliance with all air quality requirements under state and Federal law.

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

§§52.1136-52.1144   [Reserved]

§52.1145   Regulation on organic solvent use.

(a) Definitions:

(1) Organic solvents include diluents and thinners and are defined as organic materials which are liquids at standard conditions and which are used as dissolvers, viscosity reducers, or cleaning agents, except that such materials which exhibit a boiling point higher than 220 °F. at 0.5 millimeters of mercury absolute pressure or having an equivalent vapor pressure shall not be considered to be solvents unless exposed to temperatures exceeding 220 °F.

(2) Solvent of high photochemical reactivity means any solvent with an aggregate of more than 20 percent of its total volume composed of the chemical compounds classified below or which exceeds any of the following individual percentage composition limitations in reference to the total volume of solvent:

(i) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an olefinic or cycloolefinic type of unsaturation: 5 percent;

(ii) A combination of aromatic compounds with eight or more carbon atoms to the molecule except ethylbenzene: 8 percent;

(iii) A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichloroethylene or toluene: 20 percent. Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical structure into more than one of the above groups of organic compounds, it shall be considered as a member of the most reactive chemical group, that is, that group having the least allowable percentage of total volume of solvents.

(3) Organic materials are chemical compounds of carbon excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides, metallic carbonates, and ammonium carbonate.

(b) This section is applicable throughout the Boston Intrastate Region. The requirements of this section shall be in effect in accordance with §52.1147.

(c) No person shall cause, allow, suffer, or permit the discharge into the atmosphere of more than 15 pounds of organic materials in any 1 day, nor more than 3 pounds of organic materials in any 1 hour, from any article, machine, equipment, or other contrivance, in which any organic solvent or any material containing organic solvent comes into contact with flame or is baked, heat-cured, or heat-polymerized, in the presence of oxygen, unless said discharge has been reduced as a result of the installation of abatement controls by at least 85 percent. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing a continuous web, strip, or wire that emit organic materials and use operations described in this section shall be collectively subject to compliance with this section.

(d) No person shall cause, suffer, allow, or permit the discharge into the atmosphere of more than 40 pounds of organic materials in any 1 day, nor more than 8 pounds in any 1 hour, from any article, machine, equipment, or other contrivance used under conditions other than described in paragraph (c) of this section for employing, or applying any solvent of high photochemical reactivity or material containing such photochemically reactive solvent, unless said discharge has been reduced as a result of the installation of abatement controls by at least 85 percent. Emissions of organic materials into the atmosphere resulting from air or heated drying of products for the first 12 hours after their removal from any article, machine, equipment or other contrivance described in this section shall be included in determining compliance with this section. Emissions resulting from baking, heat-curing, or heat-polymerizing as described in paragraph (c) of this section shall be excluded from determination of compliance with this section. Those portions of any series of articles, machines, equipment, or other contrivances designed for processing a continuous web, strip, or wire that emit organic materials and use operations described in this section shall be collectively subject to compliance with this section.

(e) Emissions of organic materials to the atmosphere from the clean-up with a solvent of high photochemical reactivity, or any article, machine, equipment, or other contrivance described in paragraph (c) or (d) of this section or in this paragraph, shall be included with the other emissions of organic materials from that article, machine, equipment or other contrivance for determining compliance with this section.

(f) No person shall cause, suffer, allow, or permit during any one day disposal of a total of more than 1.5 gallons of any solvent of high photochemical reactivity, or of any material containing more than 1.5 gallons of any such photochemically reactive solvent by any means that will permit the evaporation of such solvent into the atmosphere.

(g) Emissions of organic materials into the atmosphere required to be controlled by paragraph (c) or (d) of this section shall be reduced by:

(1) Incineration, provided that 90 percent or more of the carbon in the organic material being incinerated is converted to carbon dioxide, or

(2) Adsorption, or

(3) The use of other abatement control equipment determined by the Regional Administrator to be no less effective than either of the above methods.

(h) A person incinerating, adsorbing, or otherwise processing organic materials pursuant to this section shall provide, properly install and maintain in calibration, in good working order, and in operation, devices as specified in the authority to construct, or as specified by the Regional Administrator, for indicating temperatures, pressures, rates of flow, or other operating conditions necessary to determine the degree and effectiveness of air pollution control.

(i) Any person using organic solvents or any materials containing organic solvents shall supply the Regional Administrator upon request and in the manner and form prescribed by him, written evidence of the chemical composition, physical properties, and amount consumed for each organic solvent used.

(j) The provisions of this rule shall not apply to:

(1) The manufacture of organic solvents, or the transport or storage of organic solvents or materials containing organic solvents.

(2) The spraying or other use of insecticides, pesticides, or herbicides.

(3) The employment, application, evaporation, or drying of saturated halogenated hydrocarbons or perchloroethylene.

(4) The use of any material, in any article, machine, equipment or other contrivance described in paragraph (c), (d), or (e) of this section if:

(i) The volatile content of such material consists only of water, and organic solvents;

(ii) The organic solvents comprise not more than 30 percent by volume of said volatile content;

(iii) The volatile content is not a solvent of high photochemical reactivity as defined in paragraph (a) of this section; and

(iv) The organic solvent or any material containing organic solvent does not come into contact with flame. This last stipulation applies only for those articles, machines, equipment or other contrivances that are constructed or modified after November 8, 1973.

(5) The use of any material, in any article, machine, equipment or other contrivance described in paragraph (c), (d), or (e) of this section if:

(i) The organic solvent content of such material does not exceed 30 percent by volume of said material;

(ii) The volatile content is not a solvent of high photochemical reactivity; and

(iii) [Reserved]

(iv) The organic solvent or any material containing organic solvent does not come into contact with flame. This last stipulation applies only for those articles, machines, equipment or other contrivances that are constructed or modified after November 8, 1973.

(6) [Reserved]

(7) An article, machine, equipment or other contrivance described in paragraph (c), (d) or (e) of this section used exclusively for chemical or physical analyses or determination of product quality and commercial acceptance provided that—

(i) The exemption is approved in writing by the Regional Administrator;

(ii) The operator of said article, machine, equipment or contrivance is not an integral part of the production process; and

(iii) The emissions from said article, machine, equipment or other contrivance do not exceed 800 lbs. in any calendar month.

(8) Sources subject to the provisions of Massachusetts Regulation 310 CMR 7.18 which has been federally approved.

(k) [Reserved]

(l) All determinations of emission rates shall be conducted in a manner approved in writing by the Regional Administrator.

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

§52.1146   [Reserved]

§52.1147   Federal compliance schedules.

(a) Except as provided in paragraph (c) of this section, the owner or operator of a source subject to regulation under paragraph (c)(1) of §52.1144 and §52.1145 shall comply with the increments of progress contained in the following schedule:

(1) Final control plans for emission control systems or process modifications must be submitted on or before June 1, 1974, for sources subject to §52.1144(c)(1) and on or before May 1, 1974 for sources subject to §52.1145.

(2) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modifications on or before March 1, 1975, for sources subject to §52.1144(c)(1) and on or before July 1, 1974, for sources subject to §52.1145.

(3) Initiation of on-site construction or installation of emission control equipment or process modification must begin on or before May 1, 1975, for sources subject to §52.1144(c)(1) and on or before August 15, 1974, for sources subject to §52.1145.

(4) On-site construction or installation of emission control equipment or process modification must be completed prior to April 15, 1975, except for purposes of paragraph (c)(1) of §52.1144, the applicable date shall be February 1, 1976.

(5) Final compliance is to be achieved prior to May 31, 1975, except for sources subject to paragraph (c)(1) of §52.1144 of this subpart. Final compliance for sources subject to paragraph (c)(1) of §52.1144 is to be achieved by June 1, 1976.

(i) Facilities subject to paragraph (c)(1)(iii) of §52.1144 of this subpart which have a daily throughput of 20,000 gallons of gasoline or less are required to have a vapor recovery system in operation no later than May 31, 1977. Delivery vessels and storage containers served exclusively by facilities required to have a vapor recovery system in operation no later than May 31, 1977, also are required to meet the provisions of this section no later than May 31, 1977.

(6) Any owner or operator of stationary sources subject to compliance schedule in this paragraph shall certify to the Administrator within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met.

(7) Any gasoline dispensing facility subject to paragraph (c)(1) of §52.1144 which installs a storage tank after October 15, 1973, shall comply with such paragraph by March 1, 1976. Any facility subject to such paragraph which installs a storage tank after March 1, 1976 shall comply with such paragraph at the time of installation.

(b) Except as provided in paragraph (d) of this section, the owner or operator of a source subject to paragraph (d)(1) of §52.1144 shall comply with the increments of progress contained in the following compliance schedule:

(1) Final control plans for emission control systems or process modifications must be submitted prior to January 1, 1975.

(2) Contracts for emission control systems or process modifications must be awarded or orders must be issued for the purchase of component parts to accomplish emission control or process modification prior to March 1, 1975.

(3) Initiation of on-site construction or installation of emission control equipment or process modification must begin not later than May 1, 1975.

(4) On-site construction or installation of emission control equipment or process modification must be completed prior to May 1, 1977.

(5) Federal compliance is to be achieved prior to May 31, 1977.

(6) Any owner or operator of stationary sources subject to the compliance schedule in this paragraph shall certify to the Administrator, within 5 days after the deadline for each increment of progress, whether or not the required increment of progress has been met.

(7) Any gasoline dispensing facility subject to paragraph (d)(1) of §52.1144 which installs a gasoline dispensing system after the effective date of this regulation shall comply with the requirements of such paragraph by May 31, 1977. Any facility subject to such paragraph which installs a gasoline dispensing system after May 31, 1977, shall comply with such paragraph at the time of installation.

(c) Paragraph (a) of this section shall not apply:

(1) To a source which is presently in compliance with all requirements of paragraph (c)(1) of §52.1144 and §52.1145 and which has certified such compliance to the Administrator by June 1, 1974. The Administrator may request whatever supporting information he considers necessary for proper certification.

(2) To a source for which a compliance schedule is adopted by the Commonwealth and approved by the Administrator.

(3) To a source subject to §52.1144(c)(1) whose owner or operator submits to the Administrator by June 1, 1974, a proposed alternative compliance schedule. No such schedule may provide for compliance after March 1, 1976. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.

(4) To a source subject to §52.1145 whose owner or operator submits to the Administrator by May 1, 1974, a proposed alternative compliance schedule. No such schedule may provide for compliance after May 31, 1975. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.

(d) Paragraph (b) of this section shall not apply:

(1) To a source which is presently in compliance with paragraph (d)(1) of §52.1144 and which has certified such compliance to the Administrator by January 1, 1975. The Administrator may request whatever supporting information he considers necessary for proper certification.

(2) To a source for which a compliance schedule is adopted by the State and approved by the Administrator.

(3) To a source whose owner or operator submits to the Administrator by June 1, 1974, a proposed alternative schedule. No such schedule may provide for compliance after May 31, 1977. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.

(e) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (a) or (b) of this section fails to satisfy and requirements of 40 CFR 51.15 (b) and (c).

[38 FR 30970, Nov. 8, 1973]

Editorial Note: For Federal Register citations affecting §52.1147, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§§52.1148-52.1158   [Reserved]

§52.1159   Enhanced Motor Vehicle Inspection and Maintenance.

(a) Revisions submitted by the Massachusetts Department of Environmental Protection on October 20, 2000, to the motor vehicle inspection and maintenance program are approved:

(1) Letter from the Massachusetts Department of Environmental Protection dated October 20, 2000 submitting a revision to the Massachusetts State Implementation Plan.

(2) Document entitled “Quality Assurance and Quality Control Plan For the Massachusetts Enhanced Emissions and Safety Inspection Program,” dated October 16, 2000.

(3) Document entitled “Program Evaluation Plans For the Enhanced Inspection and Maintenance Program,” dated October 2000, and supporting contracts.

[65 FR 69257, Nov. 16, 2000]

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

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

[60 FR 4737, Jan. 24, 1995]

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

(a) Definitions:

(1) Employer means any person or entity which employs 50 or more employees at any time during a calendar year at an employment facility located in the Boston Intrastate Region.

(2) Educational institution means any person or entity which has 250 or more employees and students at any time during the academic year at an educational facility offering secondary level or higher training including vocational training located in the Boston Intrastate Region.

(3) Employee means any person who performs work for an employer thirty-five or more hours per week and for more than twenty weeks per year for compensation and who travels to and from work by any mode of travel.

(4) Student means any full-time day student who does not live at the educational institution and who travels to and from classes by any mode of travel.

(5) Affected facility means any employment facility at which 50 or more persons are employees or any educational facility at which 250 or more persons are students and employees.

(6) Commuter means both an employee and a student.

(7) Single-passenger commuter vehicle means a motor-driven vehicle with four or more wheels with capacity for a driver plus one or more passengers which is used by a commuter traveling alone to work or classes and is not customarily required to be used in the course of his employment or studies.

(8) Base date means the date set forth in paragraph (d) of this section as of which the base number of single-passenger commuter vehicles at a particular employment facility or educational institution must be determined.

(9) The Secretary means the Secretary of Transportation and Construction of the Commonwealth of Massachusetts.

(b) Commencing with the effective date of this section, each employer and educational institution (except as provided below) shall diligently and expeditiously implement and thereafter continuously maintain the following mandatory measures which are designed to achieve a goal of reducing the number of single-passenger commuter vehicles customarily commuting daily to each affected facility as of its base date by 25 percent (or as adjusted pursuant to paragraph (g) of this section):

(1) Making available to commuters any pass program offered by the Massachusetts Bay Transportation Authority, if any commuter to the facility uses the mass transit facilities of such Authority as part of his daily commuting trip, including making all administrative arrangements for commuters to purchase the pass and thereby participate in the pass program and encouraging commuters to participate by such means as publicizing the availability of the pass program and the cost advantages thereof.

(2)-(8) [Reserved]

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

§52.1162   Regulation for bicycle use.

(a) Definitions:

(1) Bicycle means a two-wheel nonmotor-powered vehicle.

(2) Bike path means a route for the exclusive use of bicycles separated by grade or other physical barrier from motor traffic.

(3) Bike lane means a street lane restricted to bicycles and so designated by means of painted lanes, pavement coloring or other appropriate markings. A peak hour bike lane means a bike lane effective only during times of heaviest auto commuter traffic.

(4) Bike route means a route in which bicycles share road space with motorized vehicles.

(5) Bikeway means bike paths, bike lanes and bike routes.

(6) Bicycle parking facility means any facility for the temporary storage of bicycles which allows the frame and both wheels of the bicycle to be locked so as to minimize the risk of theft and vandalism.

(7) Parking facility means a lot, garage, building, or portion thereof in or of which motor vehicles are temporarily parked.

(8) Parking space means the area allocated by a parking facility for the temporary storage of one automobile.

(9) MBTA means the Massachusetts Bay Transportation Authority.

(b) Application. This section shall be applicable in the Boston Intrastate Region.

(c) Study. The Commonwealth, according to the schedule set forth in paragraph (d) of this section, shall conduct a comprehensive study of, and in that study recommend, the establishment of permanent bikeways and related facilities within the area described in paragraph (b) of this section. The study shall consider or include at least the following elements:

(1) The physical design for bikeways, intersections involving bikeways, and means of bicycle link-ups with other modes of transportation;

(2) The location of bikeways, including ascertaining high accident or pollution areas and developing means of avoiding or ameliorating those situations as well as means of providing intersection safety generally;

(3) The location of bicycle parking facilities, including bus stops;

(4) The rules of the road for bicyclists, and to the extent that present rules must be modified because of bikeways, new rules of the road for motorists. Also the feasibility of mandatory adult bicycle registration to minimize theft and increase recovery of stolen bicycles;

(5) Bicycle safety education for bicyclists, motorists, children, students, street maintenance personnel and policemen, including requiring bicycle safety principles and safe street riding skills to be taught in high school automobile driver(s) education programs;

(6) Methods for publicizing bicycles or bicycles plus mass transit as alternatives to automobile transportation, including the preparation, perhaps in conjunction with bicentennial efforts, of a master Boston area transit map, indicating the kind, extent and location of bicycle facilities, public baths, showers, toilet facilities, water fountains, as well as routes and stops for MBTA, common carriers and private bus lines, such map to be distributed by the Registry of Motor Vehicles with each automobile new registration and automobile registration renewal;

(7) Requiring or providing incentives for common carriers and mass transit carriers, especially the Blue Line of the MBTA, to provide bicycle parking facilities at their respective terminals and stations and bicycle carrying facilities on their respective vehicles;

(8) The creation of roadway zones in which all vehicles, except mass transit, emergency and service vehicles, and bicycles, would be excluded;

(9) Requiring or providing incentives for office buildings and employers to install and to provide free shower and locker facilities for cyclists;

(10) A bicycle user and potential user survey, which shall at a minimum determine:

(i) For present bicycle riders, the origin, destination, frequency, travel time, distance and purpose of bicycle trips;

(ii) In high density employment areas, the present modes of transportation of employees and the potential modes of transportation, including the numbers of employees who would use a bicycle for a significant portion of their commuting transportation were suitable facilities available to them. This section of the study shall seek to ascertain the size of the working population that would move from automobiles to mass transit and bicycles or bicycles alone as a significant form of transportation. It shall also seek to ascertain what bicycle facilities or mix thereof would produce the greatest conversion from auto use;

(11) The special problems related to the design and incorporation in the bikeway facilities described in paragraph (f) of this section of feeder bikeways to bridges, on-bridge bikeways, feeder bikeways to MBTA and railroad stations, feeder bikeways to fringe parking areas, and bicycle passage through rotaries and squares;

(12) The conversion of railroad beds, power lines, flood control channels or similar corridors to bikepaths;

(13) Removing barriers to employees bringing their bicycles into their offices;

(14) Removal or alteration of drain grates with bars so placed as to catch bicycle wheels;

(15) Bicycle rentals at appropriate locations; and

(16) The feasibility of constructing bikeways along at least each of the corridors set forth in paragraph (g) of this section.

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

(d) The Commonwealth of Massachusetts shall submit to the Regional Administrator no later than October 1, 1975, a detailed compliance schedule showing the steps that will be taken to carry out the study required by paragraph (c) of this section. The compliance schedule shall at a minimum include:

(1) Designation of the agency responsible for conducting the study;

(2) A date for initiation of the study, which date shall be no later than October 1, 1975; and

(3) A date for completion of the study, and submittal thereof to the Administrator, which date shall be no later than June 30, 1976.

(e) On or before September 1, 1976, the Administrator shall publish in the Federal Register his response to the study required by paragraph (c) of this section, and shall, in that response, either approve the facility location and designs and other requirements as well as the proposed compliance schedule for permanent facilities recommended in the study, or shall designate alternative and/or additional facility locations and designs and other requirements as well as modify the proposed compliance schedule for permanent facilities. The Administrator may provide, if he deems it necessary, for a public comment period prior to the effective date of his response.

(f) Permanent bicycle facilities. At the conclusion of the study required by paragraph (c) of this section and the Administrator's response thereto, the Commonwealth shall, together with the municipalities and other authorities having jurisdiction over affected roadways and areas establish permanent bicycle facilities as required by the Administrator's response to the study.

(g) The potential bikeway corridors to be studied pursuant to paragraph (c)(16) are as follows:

(1) Central Square, Cambridge to Boston University;

(2) Harvard Square, Cambridge to Union Square, Allston;

(3) Union Square, Somerville to Central Square, Cambridge;

(4) Union Square, Allston to Government Center;

(5) Harvard Square, Cambridge to Government Center;

(6) Brookline Village to Government Center;

(7) Boston University to Longwood Avenue Hospital Zone;

(8) Egleston Square to Government Center;

(9) Columbus Park to Boston Common;

(10) L Street Beach to Government Center;

(11) Powder House Circle, Somerville to Harvard Square;

(12) Everett to Government Center;

(13) Porter Square, Cambridge to Columbus Park, Boston;

(14) Cleveland Circle to Government Center;

(15) Porter Square, Cambridge to Government Center;

(16) Harvard Square, Cambridge to Boston City Hospital; and

(17) Charlestown, Longfellow, Harvard, Boston University, River Street, Western Avenue, Anderson, Summer Street, and Broadway Bridges.

(h) The MBTA shall provide bicycle parking facilities at each major MBTA station adequate to meet the needs of MBTA riders within the area designated in paragraph (b) of this section. Said parking facilities shall at a minimum be located at:

(1) All stations of the Riverside portion of the Green Line;

(2) Reasonably spaced stops on other portions of the Green Line;

(3) All stations of the Red, Orange, and Blue Lines; and shall have spaces for at least six bicycles per station, except for facilities at terminal stations which shall have spaces for at least 24 bicycles.

(i) The Commonwealth shall provide for advertisement of bikeways and bicycle parking facilities in use within the area designated in paragraph (b) of this section to potential users by means of media advertisement, the distribution and posting of bikeway maps and bike safety information, as well as for a program of bicycle safety education including the motor vehicle operators license examination and public service advertisement.

[40 FR 25168, June 12, 1975]

§52.1163   Additional control measures for East Boston.

(a) On or before December 31, 1975, the Governor, the Mayor of the City of Boston, the Chairman of the Massachusetts Bay Transportation Authority, the Chairman of the Massachusetts Turnpike Authority and the Chairman of the Massachusetts Port Authority (“Massport”) shall each submit to the Regional Administrator a study or studies of various alternative strategies to minimize the number of vehicle trips to and from Logan International Airport (“Logan Airport”) and to reduce the amount of carbon monoxide in the vicinity of the Callahan and Sumner Tunnels to a level consistent with the national primary ambient air quality standards. These studies may be combined into one or more joint studies. These studies shall contain recommendations for control measures to be implemented prior to May 31, 1977. Measures to be studied shall include but need not be limited to, the following:

(1) Incentives and programs for reductions in the use of single-passenger vehicles through the Callahan and Sumner Tunnels;

(2) Alterations in traffic patterns in the tunnel area;

(3) Use of exclusive lanes for buses, carpools, taxis and limousines during peak travel hours;

(4) Reduction of parking spaces at Logan Airport and increased parking charges at remaining spaces;

(5) Construction of satellite terminal facilities for Logan Airport;

(6) Use of alternate modes of transportation for trips to and from Logan Airport, and establishment of facilities at Logan Airport to accommodate such modes;

(7) Improved transit service between the Blue Line subway stop and airline terminals at Logan Airport; and

(8) Any other measures which would be likely to contribute to achieving the required reductions.

(b) Massport shall monitor the number of vehicles entering and leaving Logan Airport so as to provide the Secretary of Transportation for the Commonwealth (the “Secretary”) with reports on a semi-annual basis, beginning on January 30, 1976, showing total vehicle trips per day for the six-month period ending on the previous December 31 or June 30, presented and tabulated in a manner prescribed by the Secretary.

(c) Massport shall, on or before June 30, 1976, prepare and submit to the Secretary draft legislation which, if enacted into law, would alleviate local licensing problems of bus and limousine companies in order to facilitate increased and improved bus and limousine service for travelers using Logan Airport.

(d) Massport shall negotiate with the Massachusetts Bay Transportation Authority to increase the convenience of the mass transit services currently available to travelers to Logan Airport.

(e) Massport shall, on or before June 30, 1976, establish and maintain a program (which shall include the enclosure of this information in tickets or folders mailed by airlines using Logan Airport) to publicize the advantages in costs and convenience of the use of mass transit or other available transportation services by travelers using the airport, and making known to such persons the schedules, routes, connections, and other information necessary for them to conveniently use mass transit and such other services.

(f) Massport shall, on or before October 15, 1975, establish a carpool program at Logan Airport, which shall include the elements specified in paragraphs (b)(7) (A) through (C) of §52.1161. For the purpose of applying the requirements of §52.1161 to the present paragraph:

(1) The definitions in §52.1161 shall apply;

(2) Each employer with any employment facility at Logan Airport shall cooperate with Massport in the development and implementation of the program;

(3) Any such employer (including Massport) may fulfill its obligations under paragraph (b)(7) of §52.1161 by fully cooperating with and participating in the Logan Airport carpool program (including bearing its proportional share of the program's cost); and

(g) Massport shall, on or before October 15, 1975, implement a program of systematic dissemination to employers and employees at Logan Airport of information regarding the Massachusetts Bay Transportation Authority pass program, bus and train schedules and rates, park-and-ride facilities, and other transportation programs and services available to employees at Logan Airport.

(h) Massport shall, on or before January 1, 1976, implement and maintain a program to allow all employees at Logan Airport, regardless of the size of the particular employment facility at which they work, to participate in any available pass program made available by the Massachusetts Bay Transportation Authority, including the use of Massport as a central clearinghouse for the purpose of aggregating employees and for fiscal management of such pass program.

[40 FR 25169, June 12, 1975]

§52.1164   Localized high concentrations—carbon monoxide.

(a) Not later than October 1, 1975, the Commonwealth shall have developed and have begun to implement a program to identify urban and suburban core areas and roadway/intersection complexes within the Boston Intrastate Region which violate the national ambient air quality standards for carbon monoxide. Once such localized areas have been identified, the Commonwealth, in cooperation with the affected local municipalities, shall develop and implement appropriate control strategies to insure that such air quality standards will be achieved at such areas. Plans shall be developed to include provisions for the entire municipality in order to insure that the implemented strategies will not create carbon monoxide violations elsewhere in the vicinity after the measures have been applied.

(b) To accomplish the requirements of paragraph (a) of this section, the Commonwealth shall do the following:

(1) Identify areas of potentially high carbon monoxide concentrations by reviewing all available traffic data, physical site data and air quality and meteorological data for all major intersections and roadway complexes within the Region. The Regional Administrator will provide general guidance on area designations to assist in the initial identification process.

(2) Areas identified under paragraph (b)(1) of this section shall be studied in further detail, including meteorological modeling, traffic flow monitoring, air quality monitoring and other measures necessary to accurately quantify the extent and actual levels of carbon monoxide in the area. A report containing the results of these analyses and identifying such areas shall be submitted to the Regional Administrator no later than March 1, 1976.

(3) If, after the completion of actions required by paragraph (b)(2) of this section, an area shows or is predicted to have violations of the carbon monoxide standard, the Commonwealth, in cooperation with the affected municipality, shall submit a plan to the Regional Administrator containing measures to regulate traffic and parking so as to reduce carbon monoxide emissions to achieve air quality standards in the area. Such plan shall include: the name of the agency responsible for implementing the plan, all technical data and analyses supporting the conclusions of the plan, all control strategies adopted as part of the plan, and other such information relating to the proposed program as may be required by the Regional Administrator. The Regional Administrator shall provide general guidance on applicable control strategies and reporting formats to assist in plan development and submittal. Such a plan shall be submitted for each municipality which contains one or more identified areas no later than October 1, 1975 for Waltham and October 1, 1976, for other areas.

(4) All measures called for in the plan submitted under paragraph (b)(3) of this section shall be subject to the approval of the Regional Administrator and shall be implemented by May 31, 1977.

(c) The Commonwealth shall annually review the effectiveness of the control strategies developed pursuant to this section and modify them as necessary to insure that such carbon monoxide standards will be attained and maintained. The results of this review and any changes in the measures which the Commonwealth recommends as a result thereof shall be reported to the Regional Administrator annually as required under §52.1160.

(d) Prior to submitting any plan to the Regional Administrator under paragraph (b)(3), the Commonwealth shall give prominent public notice of the general recommendations of such plan, shall make such plan available to the public for at least 30 days and permit any affected public agency or member of the public to comment in writing on such plan. The Commonwealth shall give the Regional Administrator timely notice of any public hearing to be held on such plan and shall make all comments received available to the Regional Administrator for inspection and copying.

[40 FR 25170, June 12, 1975]

§52.1165   Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Massachusetts.

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

§52.1166   [Reserved]

§52.1167   EPA-approved Massachusetts State regulations.

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

Table 52.1167—EPA-Approved Rules and Regulations

[See Notes at end of Table]

State citation Title/subject Date submitted by State Date approved by EPA Federal Register citation 52.1120(c) Comments/unapproved sections
310 CMR 6.04Standards7/25/9010/04/0267 FR 62187120Adopt PM10 as the criteria pollutant for particulates.
310 CMR 7.00Definitions2/14/859/25/8550 FR 3880464Motor vehicle fuel.
   2/21/86; 2/25/86; 6/23/868/31/8752 FR 3279273Two new definitions and one amended definition.
   Statutory authority; legend; preamble; definitions11/5/86; 12/10/8611/19/8752 FR 4439574Approving the addition of definitions for synthetic organic chemical manufacturing facility, component, in gas service, light liquid, in light liquid service, leak, leaking component, monitor, repair, unit turnaround, in VOC service, quarterly, and pressure relief valve.
310 CMR 7.00Definitions7/18/885/4/8954 FR 1918478Includes bulk plant and terminal, gasoline market.
310 CMR 7.00Definitions1/30/9110/8/9257 FR 4631296Definitions of no-build alternative, project area, project roadway, and tunnel ventilation system.
310 CMR 7.00Definitions05/17/90, 06/07/9112/14/9257 FR 5899697Added “motor vehicle fuel,” “motor vehicle fuel dispensing facility,” “substantial modification,” and “vapor collection and control system.”
310 CMR 7.00Definitions8/17/89; 6/7/911/11/9358 FR 349593Approving the following amended or additional definitions: Application area, asphalt, automobile, bottom filling, bulk terminal, coating line(s), commissioner, condensate, continuous compliance, crude oil, department, end sealing compound, exterior base coat, extreme environmental conditions, flashoff area, freeboard height, freeboard ratio, halogenated organic compound, interior base coat, interior body spray, knife coating, lease custody transfer, light duty truck, manufacturing plant, miscellaneous metal parts and products, overvarnish, paper surface coating, penetrating prime coat, petroleum liquids, prime coat, publication rotogravure printing, quench area, refrigerated chiller, Reid vapor pressure, roll printing, roll coating, single coat, solids, specialty printing, splash filling, standard conditions, submerged filling, three piece can side seam spray, topcoat, transfer efficiency, two piece can exterior end coating, vinyl surface coating, volatile organic compound, waxy, heavy pour crude oil. The definitions of “coating application system” and “bulk plants and terminals” have been deleted.
310 CMR 7.00Definitions8/27/82, 6/22/87, 12/27/892/23/9358 FR 1097084Approving the definitions of “stationary source” and “building, structure, facility, or installation.”
310 CMR 7.00Definitions6/7/916/30/9358 FR 3491158Definitions: Bulk plants, vapor balance systems.
310 CMR 7.00Definitions12/9/9110/4/9459 FR 50498101Definitions of baseline roadway conditions, high occupancy vehicle, high occupancy vehicle lane, peak hour, performance standard, and roadway threshold standard.
310 CMR 7.00Definitions11/15/93
05/11/94
2/1/9560 FR 6030103Approving additional definitions for.
310 CMR 7.00Definitions7/30/9310/15/9661 FR 53632111Adding or amending the following definitions: motor vehicle parking space; off-peak parking spaces; remote parking spaces; and restricted use parking.
310 CMR 7.00Definitions2/17/939/3/199964 FR 48303c(117)
310 CMR 7.00Definitions7/30/964/11/0065 FR 19326115Definition of “volatile organic compound” revised.
310 CMR 7.00Definitions1/11/95
3/29/95
4/11/0065 FR 19326121Definitions associated with marine vessel rule.
310 CMR 7.00Definitions07/25/95 08/09/00 9/11/0012/18/0065 FR 78976116Definitions associated with State II vapor recovery rule.
310 CMR 7.00 Appendix AEmission Offsets and Nonattainment Review7/15/94 and 4/14/9510/27/0065 FR 64363(c)(127)Approving 1990 CAAA revisions and general NSR permit requirements
310 CMR 7.00 Appendix B (except 310 CMR 7.00 Appendix B(3)(e)5.h)Emissions Banking, Trading, and Averaging2/9/94
3/29/95
8/8/9661 FR 41338112Replaces earlier emissions averaging rules with emissions banking, trading, and averaging.
310 CMR 7.00 and 7.02(12)(c)2/14 and 5/22/859/25/8550 FR 3880664Motor vehicle fuel tank trucks.
310 CMR 7.00Definitions7/25/9010/04/0267 FR 62187120Add a definition of PM10.
310 CMR 7.00Definitions8/9/015/29/1479 FR 30737141Approved the definition for compliance certification.
310 CMR 7.00Definitions9/14/065/29/1479 FR 30737141Approving the following definitions, effective 9/23/05: adhesion promoter, Administrator, anti-glare safety coating, aqueous cleaner, automotive refinishing facility, bakery, capture efficiency, CEMS, CFR, combined cycle combustion turbine, dry bottom, duct burner, elastomeric coating, emergency or standby engine , emission statement, energy input capacity, EPA, existing facility, face firing, facility, federally enforceable, federal potential to emit or federal potential emissions, ferrous cupola foundry, four-stage coating system, fuel cell, fugitive emissions, glass, glass melting furnace, halogenated organic compound, hardener, hazardous air pollutant (HAP), heat release rate, impact resistant coating, lean burn engine, lowest achievable emission rate (LAER), malfunction, maximum achievable control technology, maximum design capacity, mobile equipment, MW, natural draft opening, nonattainment area, nonattainment review, non-criteria pollutant, potential emissions or potential to emit, pretreatment wash primer, primer sealer, primer surfacer, reducer, simple cycle combustion turbine, single-stage topcoat, soap, specialty coating, stationary combustion turbine, stationary reciprocating internal combustion engine, stencil coating, stoker, surface preparation product, tangential firing, three-stage coating system, touch-up coating, two-stage topcoat, underbody coating, uniform finish blender.
310 CMR 7.00Definitions9/14/065/29/1479 FR 30737141Approving the following amended or added definitions, effective 6/2/06: water hold-out coating, weld-through primer, VOC composite partial pressure.
310 CMR 7.00Definitions12/13/0607/31/0873 FR 44654136Addition of the term, “Boston Metropolitan Planning Organization.”
   12/13/0607/31/0873 FR 44654136Massachusetts Regulation Filing, dated November 16, 2006, substantiating December 1, 2006, State effective date for amended 310 CMR 7.00 entitled “Definition,” (addition of term “Boston Metropolitan Planning Organization,” which appears on the replaced page 173 of the State's Code of Massachusetts Regulations.).
310 CMR 7.00Definitions8/9/129/19/1378 FR 57487137Approving the definition of “Sulfur in Fuel.”
310 CMR 7.00Table of MA cities and towns with corresponding DEP Regional offices11/13/074/24/1479 FR 22774140
310 CMR 7.02Plans and approval and emission limitations4/27/7210/28/7237 FR 230852
   8/28/7210/28/7237 FR 230854
   5/27/82
9/9/82
1/10/8449 FR 1187607.02(2)(b)(4) and 7.02(2)(5) for new source review.
   12/3/85
1/31/86
2/11/86
11/25/8651 FR 4256469Adds the word “major” before the word “modification” at 7.02(2)(b).
310 CMR 7.02Plans and approval and emission limitation
   11/21/86
1/15/87
3/10/8954 FR 10148727.02(2)(b) 4, 5 and 6-new source review.
310 CMR 7.02(11)Emission limitations for incinerators2/1/783/15/7944 FR 1570418Adds an emission limitation for sewage sludge incinerators.
310 CMR 7.02(12)U Organic Material8/17/891/11/9358 FR 349593310 CMR 7.02(12) has been recodified and relocated in 310 CMR 7.24, “U Organic Material Storage and Distribution.” All subsections and references in 310 CMR 7.02(12) have been recodified accordingly.
310CMR 7.02(12)U Restricted Emission Status6/6/944/5/9560 FR 17229105This rule limits a source's potential to emit, therefore avoiding RACT, title V operating permits
310 CMR 7.02(12)(a)(b)Organic material, bulk plants and terminals handling organic material12/31/78
5/16/79
9/16/8045 FR 6129330
310 CMR 7.02(12)(a)1eGasoline liquid storage in external floating roof tanks12/2/833/8/8449 FR 861156Approved for secondary seals or equivalent weather roofs.
310 CMR 7.02(12)(b)2Stage I vapor recovery5/20/775/25/7843 FR 2235615Provisions for Pioneer APCD Stage I vapor recovery.
   12/31/78
5/16/79
9/16/8045 FR 6129330
   3/25/837/7/8348 FR 3120055Exempt Berkshire APCD.
310 CMR 7.02(12)(b)3Stage I vapor recovery11/21/86
1/15/87
3/10/8954 FR 10148727.02(12)(b)3 is deleted.
310 CMR 7.02(12) (c) and (d)Gasoline Tank Trucks2/14/85
5/22/85
9/25/8550 FR 3880464Tank trucks.
310 CMR 7.02(12)(d)Test Methods applicable to 310 CMR 7.02(12)11/21/86
1/15/87
3/10/8954 FR 1014872Requires EPA approved test methods or EPA approved alternatives.
310 CMR 7.02(12)(e)Gasoline Volatility7/18/88
9/15/88
4/12/89
5/4/8954 FR 1918478Approves a limitation on volatility of gasoline from June 30 for Sept. 15, 1989, and May 1 to Sept. 15 in subsequent years.
310 CMR 7.03(13)Paint spray booths2/17/939/3/199964 FR 48303c(117)Adds the following coating operations: plastic parts surface coating, leather surface coating, wood product surface coating, and flat wood paneling surface coating.
310 CMR 7.04(2)U Fossil fuel Utilization Facilities11/13/074/24/1479 FR 22774140Clarifies new applicability requirements for smoke density instrument removal for certain facilities.
310 CMR 7.04(4)(a)U Fossil Fuel Utilization Facilities11/13/074/24/1479 FR 22774140Requires inspection, maintenance testing at facilities with heat inputs over 3 MMBtu/ hr (excluding combustion turbines and engines); requires posting of test results near facilities.
310 CMR 7.04(5)Fuel oil viscosity12/28/786/17/8045 FR 4098729For Cambridge Electric Light Company's Kendal Station, and Blackstone Station.
   12/28/7810/18/8045 FR 4813129Correction notice.
310 CMR 7.05Sulfur-in-fuel8/28/7210/28/7237 FR 230584
   7/5/782/7/7944 FR 771217Approves the burning of coal/oil slurry at New England Power Company, Salem Harbor Station, MA.
310 CMR 7.05U Fuels All Districts8/9/129/19/1378 FR 57487137Approves the sulfur content of fuel oil. The following sections were not submitted as part of the SIP: (1)(a)(3), (2), (3), (4), (7), (8), (9).
310 CMR 7.05(1)(a)Sulfur content of fuels and control thereof for Berkshire APCD4/14/773/24/7843 FR 1232413Approves the burning of 1% for all but: Crane and Company Inc., and Schweitzer Division, Kimberly Clark Corporation, Columbia Mill.
   4/14/77
8/11/78
8/31/78
3/7/7944 FR 1242213Approves the burning of 2.2% at Crane & Co., Inc., and Schweitzer Division, Kimberly-Clark Corp., Columbia Mill.
   11/8/824/28/8348 FR 1917254Approves burning of 2.2% at Esleek Manufacturing Company, Inc., provided the fuel firing rate does not exceed 137.5 gallons per hour.
310 CMR 7.05(1)(b)Sulfur content of fuels and control thereof for Central APCD6/25/762/15/7742 FR 917610Approves the burning of 2.2% until 7/1/78 for 100 mBtu sources listed in 52.1126.
   3/29/76
5/25/76
5/19/7742 FR 2573011Approves burning of 2.2% at James River Associates, Inc. and part of Fitchburg Paper Company, April through October. November through March, they are limited to burning 1% sulfur-in-fuel oil.
   6/25/76
8/22/77
6/21/7843 FR 2657310Extends expiration date to 6/21/78.
   3/2/797/16/7944 FR 4118024Permanent extension for certain sources to burn 2.2% under specified conditions.
   Sulfur content of fuels and control thereof for central APCD9/28/796/17/8045 FR 4098724Approves the burning of 2.2% at Fitchburg Paper (55 Meter stacks only) for James River, Massachusetts, Inc., year round.
   3/20/809/10/8045 FR 5957831Approves the temporary burning of 2.2% at Seaman Paper Co., Templeton.
   3/2/79
5/5/81
9/17/8146 FR 4613333Approves the burning of 2.2% at Millers Falls Paper Co.
310 CMR 7.05(1)(c)Sulfur content of fuels and control thereof for Merrimack Valley6/4/7612/30/7641 FR 568048Approves the burning of 2.2% except at those sources listed in 52.1126.
   1/28/76
12/30/76
7/12/7742 FR 358308Approves burning of 1.4% at Haverhill Paperboard Corp., Haverhill, MA.
   1/28/76         
   8/22/77
12/30/76
6/21/7843 FR 265738Extends expiration date to 7/1/79.
   12/28/785/21/7944 FR 2945320Permanent extension to burn 2.2%.
310 CMR 7.05(1)(d)Sulfur content of fuels and control thereof for Metropolitan Boston APCD7/11/75
9/16/75
12/5/7540 FR 568896Approves burning of 1% for large electric generating facilities in certain cities and towns and 2.2% for smaller facilities. Effective 7/1/75 to 7/1/77.
   7/11/75
4/1/77
8/22/7742 FR 422186Extends expiration date from 7/1/77 to 7/1/78 except for Eastman Gelatin Corp., which must burn 1%.
   4/20/7811/30/7843 FR 560406Extends expiration date from 7/1/78 to 7/1/79.
   Sulfur content of fuels and control thereof for Metropolitan Boston APCD12/28/785/21/7944 FR 2945320Permanent extension to burn 2.2%.
   4/25/801/27/8146 FR 847634Approves the burning of 2.2% at Natick Paperboard Corp.
   11/25/808/11/8146 FR 4068838Approves the increase to 2.2% at Boston Edison Mystic Generating Station for 30 months from 8/11/81 (expires 2/11/84).
   7/14/8112/16/8146 FR 6112341Approves burning of 2.2% at Haverhill Paper Corp.
   11/27/7912/15/8045 FR 8225132Allows the burning of 2.2% at Proctor and Gamble.
   9/24/8112/15/8146 FR 6111843Approves burning of 2.2% at Eastman Gelatin Corp.
   12/7/839/25/8449 FR 3759265Approves burning of 2.2% at Boston Edison Mystic Generating Station until 3/25/87.
310 CMR 7.05(1)(e)Sulfur content of fuels and control thereof for Pioneer Valley APCDs7/22/772/1/7742 FR 59579Approves 2.2% except for sources listed in 52.1125.
   7/22/76         
   8/22/77
12/27/77
6/21/7843 FR 265739Extends expiration date to 7/1/79.
   1/3/795/21/7944 FR 2945321Permanent extension to burn 2.2%
   3/2/801/19/8145 FR 491833Approves the burning of 2.2% at all sources in Franklin and Hampshire Counties rated at less than 100 mBtu except Esleek Manufacturing Co., and Millers Falls Paper Co.
   10/13/812/10/8247 FR 601145Approves the burning of 2.2% at Holyoke Gas and Electric Department, Holyoke, MA.
   7/18/84
4/17/85
3/16/87
11/25/87
2/15/9055 FR 544977Approves the burning of 2.2% and imposes fuel use limits at American Fiber and Finishing Co., Erving Paper Co., and Westfield River Paper Co.
310 CMR 7.05(1)(f)Sulfur content of fuels and control thereof for Southeastern APCD12/30/769/2/7742 FR 4423512Approves burning of 2.2% for sources listed in 52.1126, all others must continue to burn 1%.
   12/30/76
1/31/78
9/8/7843 FR 4001012Extends expiration date from 5/1/78 to 7/1/79.
   1/31/795/21/7944 FR 2945322Permanent extension to burn 2.2%.
310 CMR 7.05(2)U Fuels All Districts; U Use of Residual Fuel Oil or Hazardous Waste Fuel9/14/065/29/1479 FR 30737141Removed landfill gas from requirements of section.
310 CMR 7.05(4)Ash content of fuels for Pioneer Valley for APCD1/3/795/21/7944 FR 2945321
   Ash content of fuels for Metropolitan Boston APCD7/20/795/21/7944 FR 2945323
   Ash content of fuels12/3/85
1/31/86
2/11/86
11/25/8651 FR 4256469Includes Berkshire Air Pollution Control District to 7.05(4)(b)(2) so facilities in that district can apply to burn fossil fuel with an ash content in excess of 9 pct bydry weight.
310 CMR 7.06Visible emissions8/28/7210/28/7237 FR 230854
   7/5/782/7/7944 FR 771217Approves New England Power Company, Salem Harbor Station to burn a coal oil slurry.
   12/28/798/12/8045 FR 5347617Extension of temporary revision to allow exceedance of 20% capacity limit at New England Power Company's Salem Harbor Station, Salem, MA Unit 1 so can burn 30% coal/70% oil mixture until 12/31/80.
310 CMR 7.07Open burning12/9/779/29/7843 FR 4484116Two revisions with conditions to permit open burning of brush cane, driftwood and forest debris for 2 months of the year.
   Open burning9/28/796/17/8045 FR 4098727Approves open burning (as in (c) 16) from 1/15 to 5/1 in certain areas of the State.
310 CMR 7.08Incinerators8/28/7210/28/7237 FR 230854
310 CMR 7.08(2), except sections: (a); the definition of “Material Separation Plan” in (c); (d)1; (d)2; (d)3; (d)4; (d)5; (d)6; (d)8; (f)1; (f)2; (f)5; (f)6; (f)7; (g)1; (g)2; (g)3; (g)4; (h)2.a; (h)2.b; (h)2.d; (h)2.e; (h)2.g; (h)2.h; (h)4; (h)5.a; (h)5.c; (h)5.d; (h)9; (h)10; (h)13; (i)1.b; (i)1.g; (i)2.c; (i)2.d; (i)2.e; and (k)3.MWC NOX requirements1/11/999/2/9964 FR 48098119Only approved NOX related requirements of state plan for MWCs. The following sections were not submitted as part of the SIP: (a), the definition of “Material Separation Plan” in (c), (d)1, (d)2, (d)3, (d)4, (d)5, (d)6, (d)8, (f)1, (f)2, (f)5, (f)6, (f)7, (g)1, (g)2, (g)3, (g)4, (h)2.a, (h)2.b, (h)2.d, (h)2.e, (h)2.g, (h)2.h, (h)4, (h)5.a, (h)5.c, (h)5.d, (h)9, (h)10, (h)13, (i)1.b, (i)1.g, (i)2.c, (i)2.d, (i)2.e, and (k)3.
310 CMR 7.08(2)MWC NOX requirements8/9/129/19/1378 FR 57487137Facility specific MWC Emission Control Plan for Wheelabrator Saugus revises the NOX limits to 185 ppm by volume at 7% O2 dry basis (30-day rolling average).
310 CMR 7.09Dust and odor8/28/7210/28/7237 FR 230854
   12/9/779/29/7843 FR 4484116Adds a requirement that mechanized street sweeping equipment must be equipped and operated with a suitable dust collector or suppression system.
310 CMR 7.12Inspection Certificate Record Keeping and Reporting6/28/90; 9/30/92; 7/15/943/21/9661 FR 11560106The 6/28/90 and 9/30/92 submittals deal with the permitting process. The 7/15/94 submittal develops 7.12 to comply with emission statement requirements.
310 CMR 7.12U Source Registration5/31/01, 8/23/05 & 11/13/074/24/1479 FR 22774140Revises applicability threshold emission levels, expands list of sources required to report emissions, and clarifies types of information reported.
310 CMR 7.14(2)Continuous Emissions Monitoring11/21/86
1/15/85
3/10/8954 FR 1014872References 40 CFR part 51, Appendix P.
310 CMR 7.14(3)Continuous Emissions Monitoring11/21/86
1/15/87
3/10/8954 FR 1014872Establishes compliance date for meeting the requirements of 7.14(2).
310 CMR 7.15Asbestos application8/28/7210/28/7237 FR 230854
310 CMR 7.16Reduction to single passenger commuter vehicle use5/20/775/25/7843 FR 2235615For Pioneer Valley APCD.
   12/31/78
5/16/79
9/16/8045 FR 61293   Reduction of single occupant commuter vehicles.
310 CMR 7.17Coal conversion9/7/785/14/7944 FR 2799119Brayton Point Station, New England Power Company.
   1/22/826/9/8247 FR 2500749Mount Tom Plant, Holyoke, MA Holyoke Water Power Company.
310 CMR 7.18(1)U Applicability and Handling Requirements8/17/891/11/9358 FR 349593Approval of 310 CMR CMR 7.18(1), (a), (c), (d) and (e).
310 CMR 7.18(1)(a), (c)-(f).U Applicability and Handling Requirements9/14/065/29/1479 FR 30737141Added requirements for proper storage of volatile organic compounds.
310 CMR 7.18(2)U Compliance with Emission Limitations8/27/82; 8/17/89; 6/7/911/11/9358 FR 349593Approval of 310 CMR 7.18(2), (2)(a), (2)(b), (2)(c) and (2)(e).
310 CMR 7.18(2)Compliance with emission limitations2/17/939/3/199964 FR 48304c(117)Adds an exemption for coatings used in small amounts, and a section on daily weighted averaging.
310 CMR 7.18(2)U Compliance with Emission Limitations9/14/065/29/1479 FR 30737141Addition of daily weighted averaging provision.
310 CMR 7.18(2)(b)Generic VOC bubble for surface coaters3/6/81
11/12/81
3/29/8247 FR 1314342Includes surface coating of metal cans, large appliances, magnet wire insulation, automobiles, paper fabric and vinyl.
   Generic VOC bubble for surface coaters6/24/807/12/8247 FR 3006047Adds metal coils.
   Generic VOC bubble for surface coaters3/29/958/8/9661 FR 41338112Replaces earlier emissions averaging rules for surface coaters.
   7/21/81
3/10/81
6/2/8247 FR 2392748Adds miscellaneous metal parts and products and graphic arts-rotogravure and flexography.
   9/9/822/3/8348 FR 501453Adds metal furniture.
310 CMR 7.18 (2)(e)Compliance with emission limitations3/6/8954 FR 9213Testing requirements for plan approvals issued under 310 CMR 7.18(17).
310 CMR 7.18(3)Metal furniture surface coating12/31/78
5/16/79
9/16/8045 FR 6129330
   9/9/8211/9/8348 FR 5148053Adds test methods.
310 CMR 7.18(3)U Metal Furniture Surface Coating8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(3).
310 CMR 7.18(3)(a)U Metal Furniture Coating9/14/065/29/1479 FR 30737141Minor wording change.
310 CMR 7.18(4)Metal can surface coating12/31/78
5/16/79
9/16/8045 FR 6129330
   9/9/8211/9/8348 FR 5148053Adds test methods.
310 CMR 7.18(4)U Metal Can Surface Coating8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(4).
310 CMR 7.18(4)(a)U Metal Can Surface Coating9/14/065/29/1479 FR 30737141Minor wording change.
310 CMR 7.18(5)Large appliances surface coating12/31/78
5/16/79
9/16/8045 FR 6129330
   9/9/8211/9/8348 FR 5148053Adds test methods.
310 CMR 7.18(5)U Large Appliance Surface Coating8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(5).
310 CMR 7.18(6)Magnet wire insulation surface coating12/31/78
5/16/79
9/16/8045 FR 6129330
   9/9/8211/9/8348 FR 5148053Adds test methods.
310 CMR 7.18(6)U Magnet Wire Insulation Surface Coating8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(6).
310 CMR 7.18(7)Automobile surface coating12/31/78
5/16/79
9/16/8045 FR 6129330
   9/9/8211/9/8345 FR 5148053Adds test methods.
310 CMR 7.18(7)Automobile Surface Coating8/17/89, 6/7/9110/8/9257 FR 4631692
310 CMR 7.18(7)Automobile surface coating2/17/939/3/199964 FR 48304c(117)Revises a limit for primer surface coating.
310 CMR 7.18(8)Solvent metal degreasing12/31/78
5/16/79
9/16/8045 FR 6129330Conditional approval requiring controls for small solvent metal degreasers.
   8/13/8311/9/8348 FR 5148053Approves public education program for small degreasers and removes conditional approval.
310 CMR 7.18(8)Solvent Metal Degreasing2/17/939/3/199964 FR 48304c(117)Adds a typographical correction.
310 CMR 7.18(8)U Solvent Metal Degreasing8/17/891/11/9358 FR 349593Approval of 310 CMR 7.18(8), (8)(d), (8)(d)1., (8)(e), (8)(f) and (8)(g).
310 CMR 7.18(8)U Solvent Metal Degreasing6/7/916/30/9358 FR 3491158Approval of 310 CMR 7.18 (8), (8)(a), (8)(a)1., (8)(a)2., (8)(a)3., (8)(a)4., (8)(a)5., (8)(a)6., (8)(b), (8)(b)1., (8)(b)2., (8)(b)3., (8)(b)4., (8)(b)5., (8)(b)6., (8)(b)7., (8)(b)8., (8)(b)9., (8)(b)10., (8)(b)11., (8)(b)12., (8)(b)13., (8)(c), (8)(c)1., (8)(c)2., (8)(c)3., (8)(c)4., (8)(c)5., (8)(c)6., (8)(c)7., (8)(c)8., (8)(c)9., (8)(d)2., (8)(d)3.
310 CMR 7.18(8)Solvent Metal Degreasing6/1/109/13/201378 FR 54960138
310 CMR 7.18(9)Cutback asphalt12/31/78
5/16/79
9/16/8045 FR 6129330
   9/9/8211/9/8348 FR 5148053Adds an exemption.
310 CMR 7.18(9)U Cutback Asphalt8/17/891/11/9358 FR 349593Replacement of 310 CMR 7.18(9).
310 CMR 7.18(10)Surface coating of metal coils6/24/807/12/8247 FR 3006047Approves and adds to 310 CMR 7.18(2)(b).
   9/9/8211/9/8348 FR 5148053Adds test methods and removes extended compliance schedule.
310 CMR 7.18(10)U Metal Coil Coating8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(10).
310 CMR 7.18(11)Surface coating of miscellaneous metal parts and products7/21/81
3/10/82
6/2/8247 FR 2392748Adds to 310 CMR 7.18(2)(b).
   9/9/8211/9/8348 FR 5148053Adds test methods.
310 CMR 7.18(11)Surface coating of miscellaneous metal parts and products2/17/939/3/199964 FR 48304c(117)Revises a reference.
310 CMR 7.18(11)U Surface Coating of Miscellaneous Metal Parts and Products8/17/891/11/9358 FR 349593Approval of 310 CMR 7.18(11), (11)(b), (11)(c), (11)(d) and (11)(e).
310 CMR 7.18(11)U Surface Coating of Miscellaneous Metal Parts and Products6/7/916/30/9358 FR 3491158Approval of 310 CMR 7.18 (11), (11)(a), (11)(a)1., (11)(a)2., (11)(a)3.
310 CMR 7.18(11)(a)-(d)4.U Surface Coating of Miscellaneous Metal Parts and Products9/14/065/29/1479 FR 30737141Wording revision to clarify exemption requirements.
310 CMR 7.18(12)Graphic arts2/17/939/3/199964 FR 48304c(117)Amends applicability to 50 tons per year VOC.
310 CMR 7.18(12)Graphic arts-rotogravure and flexography7/21/81
3/10/82
6/2/8247 FR 2392748Adds to 310 CMR 7.18(2)(b).
   9/9/8211/9/8348 FR 5148053
310 CMR 7.18(12)U Graphic Arts8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(12).
310 CMR 7.18(13)Perchloroethylene dry cleaning systems7/21/81
3/10/82
6/2/8247 FR 2392748
   9/9/8211/9/8348 FR 5148053Adds test methods.
310 CMR 7.18(13)U Dry Cleaning Systems-Percholor-ethylene8/17/891/11/9358 FR 349593Approval of 310 CMR 7.18(13), (13)(c), (13)(d) and (13)(e). 310 CMR 7.18(13)(a) 8. has been deleted.
310 CMR 7.18(14)Paper surface coating3/6/813/8/8247 FR 983640
   9/9/8211/9/8348 FR 5148053Adds test methods.
310 CMR 7.18(14)U Paper Surface Coating8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(14).
310 CMR 7.18(15)Fabric surface coating3/6/813/8/8247 FR 983640
   9/9/8211/9/8348 FR 5148053Adds test methods.
310 CMR 7.18(15)U Fabric Surface Coating8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(15).
310 CMR 7.18(16)Vinyl surface coating3/6/813/8/8247 FR 983640
   9/9/8211/9/8348 FR 5148053Adds test methods.
310 CMR 7.18(16)U Vinyl Surface Coating8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(16).
310 CMR 7.18(17)RACT9/9/8211/9/8348 FR 5148053All 100 ton per year sources not covered by a CTG.
   RACT3/6/8954 FR 9213Enforceability of plan approvals issued under 310 CMR 7.18(17).
   6/20/8911/3/8954 FR 4638881RACT for Cranston Print Works Company dated June 20, 1989.
   7/12/8911/8/8954 FR 4689580RACT for Spalding Corporation Plan Approval dated October 7, 1985 and amended Plan Approval dated July 12, 1989.
   8/8/8911/8/8954 FR 4689782RACT for Duro Textile Printers (SM-85-168-IF).
   6/20/892/21/9055 FR 599079RACT Compliance Plan Conditional Approval for Monsanto Chemical Company in Indian Orchard dated 6/20/89.
   11/17/898/3/9055 FR 3159085RACT for Boston Whaler in Norwell. Amended Plan Approval 4P89005 dated October 19, 1989 and Plan Approval 4P89005 Correction dated Nov. 17, 1989.
   11/17/898/3/9055 FR 3159386RACT for Boston Whaler in Rockland. Amended Plan Approval (4P89006) dated October 19, 1989 and Plan Approval 4P89006 Correction dated November 17, 1989.
   Non-CTG RACT determination11/2/8911/27/9055 FR 3491587RACT for Philips Lighting Company in Lynn, MA, dated November 2, 1989.
   RACT7/9/902/19/9156 FR 656989RACT for General Motors Corporation in Framingham. Amended Plan Approval dated June 8, 1990.
   RACT6/13/902/27/9156 FR 813288RACT for Acushnet Company, Titleist Golf Division, Plant A in New Bedford. Amended Plan Approval dated June 1, 1990.
   RACT10/16/903/20/9156 FR 1167790RACT for Erving Paper Mills.
   RACT4/22/9010/8/9156 FR 5066091RACT amendment for Erving.
310 CMR 7.18(17)RACT5/13/9112/14/9257 FR 5899395RACT for Dartmouth Finishing Corporation.
310 CMR 7.18(17)U Reasonable Available Control Technology8/17/89; 6/7/911/11/9358 FR 349593Approval of 310 CMR 7.18(17), (17)(a), (17)(b), (17)(c), (17)(d), (17)(e) and (17)(f).
310 CMR 7.18(17)RACT5/22/927/28/9459 FR 38374(99)RACT Approval for S. Bent & Bros.
310 CMR 7.18(17)RACT7/19/93 19931/6/9560 FR 2017100RACT Approval for Nichols & Stone Co.
310 CMR 7.18(17)Reasonably Available Control Technology3/31/943/6/9560 FR 12125104RACT for Brittany Dyeing and Finishing of New Bedford, MA.
310 CMR 7.18(17)Reasonable available control technology2/17/939/3/199964 FR 48304c(117)Adds new VOC RACT requirements in the Springfield, Mass. ozone nonattainment area only.
310 CMR 7.18(17)Reasonable Available Control Technology2/17/9310/4/0267 FR 62183129Approves VOC RACT requirements for the eastern Massachusetts ozone nonattainment area. (These requirements were previously approved for the western Massachusetts ozone nonattainment area.)
310 CMR 7.18(17)Reasonable Available Control Technology10/7/9910/4/0267 FR 62183129VOC RACT plan approval for Gilette.
310 CMR 7.18(17)Reasonable Available Control Technology10/7/9910/4/0267 FR 62183129VOC RACT plan approval for Norton.
310 CMR 7.18(17)Reasonable Available Control Technology4/16/9910/4/0267 FR 62183129VOC RACT plan approval for Rex.
310 CMR 7.18(17)Reasonable Available Control Technology4/16/9910/4/0267 FR 62183129VOC RACT plan Available for Barnet.
310 CMR 7.18(18)Polystyrene Resin Manufacture2/21/86; 2/25/86; 6/23/868/31/8752 FR 3279273Regulation pursuant to Group III CTG, “Control of VOC Emissions from the Manufacture of Polystyrene Resins”.
310 CMR 7.18(18)U Polystyrene Resin Manufacturing Technology8/17/89; 6/7/911/11/9358 FR 349593Replacement of 310 CMR 7.18(18).
310 CMR 7.18(19)Synthetic organic chemical manufacture11/5/86; 12/10/8611/19/8752 FR 4439574
310 CMR 7.18(19)(h), (i)Synthetic Organic Chemical Manufacture9/14/065/29/1479 FR 30737141Clarification of quarterly reporting submittal date.
310 CMR 7.18(20)Emission Control Plans for implementa-tion of reasonably available control technology2/17/939/3/199964 FR 48304c(117)Adds new VOC RACT requirements.
310 CMR 7.18(20)Emission Control Plans for Implementation Reasonably Available Control Technology9/14/065/29/1479 FR 30737141Clarification of exemption requirements, and inclusion of provision allowing for additional requirements such as stack testing or emissions monitoring.
310 CMR 7.18(21)Surface coating of plastic parts2/17/939/3/199964 FR 48304c(117)Adds VOC RACT for plastic parts surface coating.
310 CMR 7.18(21)(a)-(d), (f)-(i)Surface Coating of Plastic Parts9/14/065/29/1479 FR 30737141Added language strengthening compliance obligations.
310 CMR 7.18(22)Leather surface coating2/17/939/3/199964 FR 48304c(117)Adds VOC RACT for leather surface coating.
310 CMR 7.18(22)(a)-(c)Leather Surface Coating9/14/065/29/1479 FR 30737141Added language strengthening compliance obligations.
310 CMR 7.18(23)Wood products surface coating2/17/939/3/199964 FR 48304c(117)Adds VOC RACT for wood product surface coating.
310 CMR 7.18(23)(b)-(i)Wood Products Surface Coating9/14/065/29/1479 FR 30737141Added language strengthening compliance obligations.
310 CMR 7.18(24)Flat wood paneling surface coating2/17/939/3/199964 FR 48304c(117)Adds VOC RACT for flat wood paneling surface coating.
310 CMR 7.18(24)(a)-(c), (h), (i)Flat Wood Paneling Surface Coating9/14/065/29/1479 FR 30737141Added language strengthening compliance obligations.
310 CMR 7.18(25)Offset lithographic printing2/17/939/3/199964 FR 48304c(117)Adds VOC RACT for offset lithographic printing.
310 CMR 7.18(25)(a)-(c)Offset Lithographic Printing9/14/065/29/1479 FR 30737141Added language strengthening compliance obligations.
310 CMR 7.18(26)Textile finishing2/17/939/3/199964 FR 48304c(117)Adds VOC RACT for textile finishing.
310 CMR 7.18(26)(c)-(i)Textile Finishing9/14/065/29/1479 FR 30737141Added language strengthening compliance obligations.
310 CMR 7.18(27)Coating mixing tanks2/17/939/3/199964 FR 48304c(117)Adds VOC RACT for coating mixing tanks.
310 CMR 7.18(27)Coating Mixing Tanks9/14/065/29/1479 FR 30737141Minor wording changes to improve clarity of regulation.
310 CMR 7.18(28)Automotive Refinishing01/09/952/14/9661 FR 5699109Reasonably Available Control Technology Requirement (RACT) for automotive refinishing.
310 CMR 7.18(28)Automotive Refinishing9/14/065/29/1479 FR 30737141New emission limits, labeling, recordkeeping requirements, and exemptions added.
310 CMR 7.18(29)Bakeries03/29/957/5/0065 FR 41346110Reasonably Available Control Technology Requirement (RACT) for bakeries.
310 CMR 7.18(29)(c)(2)Bakeries9/14/065/29/1479 FR 30737141Updated cross reference.
310 CMR 7.19Interim sulfur-in-fuel limitations for fossil fuel utilization facilities pending conversion to an alternate fuel or implementation of permanent energy conservation measures9/12/803/19/8146 FR 1755137Energy/environment initiative.
   12/29/814/13/8247 FR 1579046ATF Davidson Company, Northbridge, MA temporary sulfur-in-fuel revision until 12/1/83.
   9/28/8212/1/8247 FR 5407252Polaroid Corp., Waltham, MA temporary sulfur/in/fuel relaxation until 6/1/85.
      6/2/8348 FR 2468952Correction notice.
   9/29/8211/23/8247 FR 5270451Northeast Petroleum Corp., Chelsea, MA sulfur content increase from 0.28 to 0.55 lbs/mBtu heat release potential permanently.
   4/4/833/23/8449 FR 1109259Stanley Woolen Co., Uxbridge, to burn 2.2% until 9/23/86.
   10/31/833/23/8449 FR 1109161Reed and Barton Silversmiths, Taunton, to burn 2.2% until 9/23/86.
   11/16/837/30/8449 FR 3030662ATF Davidson Company, Northbridge, to burn 2.2% permanently.
   2/2/846/15/8449 FR 2472363American Biltrite Corporation, Chelsea, to burn 1.0% until 12/15/86.
   7/11/849/25/8449 FR 3759167James River Corporation, Hyde Park Mill, Boston to burn 2.2% until 3/25/87.
   2/8/85, 10/23/854/1/8651 FR 1102168Phillips Academy, Andover, MA to burn 2.2% until September 1, 1988.
   Interim sulfur-in-fuel limitations for fossil fuel utilities pending conversion to an alternative fuel or implementation of permanent energy conservation measures2/19/868/12/8651 FR 2881470Mary Ellen McCormick and Malverick Family Development facilities in the Boston Housing Authority, Boston to burn 2.2% until February 12, 1989.
   5/12/8611/25/8651 FR 4256571Mission Hill Extension Family Development facility, in the Boston Housing Authority, Boston, MA to burn 2.2% until May 25, 1989.
310 CMR 7.19NOX RACT7/15/949/2/9964 FR 48098119NOX RACT regulations.
310 CMR 7.19NOX RACT10/4/969/2/9964 FR 48098119Facility specific NOX RACT for Specialty Minerals, Incorporated.
310 CMR 7.19NOX RACT12/2/969/2/9964 FR 48098119Facility specific NOX RACT for Monsanto Company's Indian Orchard facility.
310 CMR 7.19NOX RACT4/16/999/2/9964 FR 48098119Facility specific NOX RACT for Turners Falls Limited Partnership/Indeck Energy Services Turners Falls, Inc., in Montague.
310 CMR 7.19NOX RACT4/16/999/2/9964 FR 48099119Facility specific NOX RACT for Medusa Minerals Company in Lee.
310 CMR 7.19NOX RACT4/16/999/2/9964 FR 48099119Approval of the replacement of section 310 CMR 7.19(1)(c)1, (1)(c)8, (2)(b), (3)(a), (3)(c)2, (4)(a)3.b, (7)(a)4, (9), (13)(a), (13)(a)3, (13)(a)9, and (13)(a)13.
310 CMR 7.19NOX RACT12/30/119/19/1378 FR 57487137Facility specific NOX RACT for General Electric Aviation Boiler No. 3 to cap annual SO2 and NOX emissions at 249.0 tons each.
310 CMR 7.19(1)(c)(9), (4)(b)(3)d, (f), (5)dNOX RACT8/9/01; 1/18/025/29/1479 FR 30737141Updates to sections pertaining to applicability, large boilers, and medium size boilers.
310 CMR 7.19 (2)(d)Generic NOX bubbling and trading for RACT sources3/29/958/8/9661 FR 41338112Adds credit creation option for NOX RACT sources.
310 CMR 7.19 (2)(g)Generic NOX bubbling and trading for RACT sources3/29/958/8/9661 FR 41338112Adds credit use option for NOX RACT sources.
310 CMR 7.19(13)(a), (c)NOX RACT9/14/065/29/1479 FR 30737141Updates to applicability and stack testing requirements.
310 CMR 7.19(13)(b)Continuous Emissions Monitoring Systems11/19/9912/27/0065 FR 81747124revisions to regulatory language.
310 CMR 7.19 (14)Generic NOX bubbling for RACT sources3/29/958/8/9661 FR 41338112Adds quantification, testing, monitoring, record keeping, reporting, and emission control plan requirements for averaging NOX RACT sources.
310 CMR 7.24U Organic Material Storage and Distribution6/7/91, 11/13/92, 2/17/936/30/9358 FR 3491158Replacement of 310 CMR 7.24, 7.24(1), 7.24(2), 7.24(3), and 7.24(4).
310 CMR 7.24(1)U Organic Material Storage and Distribution9/14/065/29/1479 FR 30737141Updates to requirements for organic material storage tanks, effective 9/23/05.
310 CMR 7.24(3)Distribution of motor vehicle fuel2/17/939/3/199964 FR 48304c(117)Amends distribution of motor fuel requirements, applicability, recordkeeping and testing requirements.
310 CMR 7.24(4)U Organic Material Storage and Distribution9/14/065/29/1479 FR 30737141Updates to requirements for motor vehicle fuel tank trucks, effective 6/2/06.
310 CMR 7.24(5)(b)2Revision to gasoline volatility testing regulation10/16/894/19/9055 FR 1483283 *****
310 CMR 7.24(6)“Dispensing of Motor Vehicle Fuel” (Stage II)05/17/90, 06/07/9112/14/9257 FR 5899697
310 CMR 7.24(6)Dispensing of motor vehicle fuel2/17/939/15/9358 FR 4831898Previous version of rule approved as strengthening the Massachusetts SIP.
Revised rule being approved as meeting the Clean Air Act requirements.
310 CMR 7.24(6)Dispensing Motor Vehicle Fuel08/09/00 09/11/0012/18/0065 FR 78976116Rule revised to include annual compliance testing and certification.
310 CMR 7.24(6)Dispensing of Motor Vehicle Fuel6/1/109/13/201378 FR 54960138
310 CMR 7.24(8)Marine Volatile Organic Liquid Transfer10/17/974/11/0065 FR 19326115
310 CMR 7.25Best available controls for consumer and commercial products11/18/9412/19/9560 FR 65242108Includes architectural & industrial maintenance coatings.
310 CMR 7.25Best Available Controls for Consumer and Commercial Products7/30/964/11/0065 FR 19327115Definition of “waterproofing sealer” revised.
310 CMR 7.26Industry Performance Standards12/30/119/19/1378 FR 57487137Only approving the Outdoor Hydronic Heaters (50)-(54).
310 CMR 7.26(30)-(37)Industry Performance Standards—U Boilers11/13/074/24/1479 FR 22774140Sets standards for certain types of new boilers: replaces requirements to obtain a plan approval under 310 CMR 7.02(2).
310 CMR 7.27NOX Allowance Program12/19/976/2/9964 FR 29569(c)(118)Approval of NOx cap and allowance trading regulations
11/19/9912/27/0065 FR 81747124adding paragraphs 7.27(6)(m), 7.27(9)(b), 7.27(11)(o), 7.27(11)(p) and 7.27(15)(e).
310 CMR 7.28NOX Allowance Trading ProgramJanuary 7, 200012/27/0065 FR 81747124
310 CMR 7.28NOX Allowance Trading Program03/30/0712/3/0772 FR 67854135
      03/30/0712/3/0772 FR 67854135Massachusetts Regulation Filing, dated April 19, 2007, sub-stantiating May 4, 2007, State effective date for amended 310 CMR 7.28 “NOX Allowance Trading Program.”
310 CMR 7.29Emissions Standards for Power Plants8/9/20129/19/1378 FR 57487137Only approving the SO2 and NOX requirements.
310 CMR 7.29Emission Standards for Power Plants8/9/20129/19/1378 FR 57487137Facility specific Emission Control Plan requirement for Brayton Point Station Unit 1, 2, 3, and 4 which disallows the use of 310 CMR 7.29 SO2 Early Reduction Credits or Federal Acid Rain allowances for compliance with 310 CMR 7.29 after June 1, 2014.
310 CMR 7.29Emission Standards for Power Plants8/9/20129/19/1378 FR 57487137Facility specific Emission Control Plan requirement for Mt. Tom Station which disallows the use of 310 CMR 7.29 SO2 Early Reduction Credits or Federal Acid Rain allowances for compliance with 310 CMR 7.29 after October 1, 2009.
310 CMR 7.29Emission Standards for Power Plants8/9/20129/19/1378 FR 57487137Facility specific Emission Control Plan for Salem Harbor Station Units 1, 2, 3, and 4 which limits NOX emissions from Unit 1 to 276 tons per rolling 12 month period starting 1/1/2012, limits NOX emissions for Unit 2 to 50 tons per rolling 12 month period starting 1/1/2012, limits SO2 emissions form Unit 2 to 300 tons per rolling 12 month period starting 1/1/2012, shuts down units 3 and 4 effective 6/1/2014.
310 CMR 7.30Massport/Logan Airport Parking Freeze12/26/00March 12, 200166 FR 14319130Applies to the parking of motor vehicles on Massport property.
310 CMR 7.31City of Boston/East Boston Parking Freeze12/26/00March 12, 200166 FR 14319130Applies to the parking of motor vehicles within the area of East Boston.
310 CMR 7.32Massachusetts Clean Air Interstate Rule (Mass CAIR)03/30/0712/3/0772 FR 67854135
      03/30/0712/3/0772 FR 67854135Mass-achusetts Regulation Filing, dated April 19, 2007, sub-stantiating May 4, 2007, State effective date for adopted 310 CMR 7.32 “ Mass-achusetts Clean Air Interstate Rule (Mass CAIR).”
310 CMR 7.33City of Boston/South Boston Parking Freeze7/30/9310/15/9661 FR 53633111Applies to the parking of motor vehicles within the area of South Boston, including Massport property in South Boston.
310 CMR 7.36Transit system improvements regulations12/9/9110/4/9459 FR 50498101Transit system improvement regulation for Boston metropolitan area.
310 CMR 7.36Transit system improvements regulation12/13/0607/31/0873 FR 44654136Amendments to Transit System Improvements Regulation.
   12/13/0607/31/0873 FR 44654136Massachusetts Regulation Filing, dated November 16, 2006, substantiating December 1, 2006, State effective date for amended 310 CMR 7.36 entitled “Transit System Improvements.”
310 CMR 7.37High occupancy vehicle lanes regulation12/9/9110/4/9459 FR 50498101High occupancy vehicle lanes regulation for Boston metropolitan area.
310 CMR 7.38Tunnel vent certification regulation1/30/9110/8/9257 FR 4631296Tunnel ventilation certification regulation for Boston metropolitan area.
310 CMR 7.38Tunnel vent certification regulation7/12/062/15/0873 FR 8818134Amendments to Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District.
   7/12/062/15/0873 FR 8818134Massachusetts Regulation Filing, dated December 13, 2005, substantiating December 30, 2005, State effective date for amended 310 CMR 7.38 “Certification of Tunnel Ventilation Systems in the Metropolitan Boston Air Pollution Control District.”
310 CMR 7.40Low emission vehicle11/15/93
05/11/94
2/1/9560 FR 6030103Substitute for CFFP.
310 CMR 7.40Low Emission Vehicle Program12/24/9912/23/0267 FR 78181132“Low Emission Vehicle Program” (LEV II) except for 310 CMR 7.40(2)(a)5, 310 CMR 7.40(2)(a)6, 310 CMR 7.40(2)(c)3, 310 CMR 7.40(10), and 310 CMR 7.40(12)
310 CMR 7.50Variances, regulations for control of air pollution in the six MA APCDs9/14/7410/8/7641 FR 443957
   9/14/742/4/7742 FR 68127Correction.
310 CMR 7.51Hearings relative to orders and approvals8/28/7210/28/7237 FR 230854
310 CMR 7.52Enforcement provisions8/28/7210/28/7237 FR 230854
310 CMR 8Regulations for the prevention and/or abatement of air pollution episode and air pollution incident emergencies2/22/7210/28/7237 FR 230851
   12/30/769/2/7742 FR 4423512Changes significant harm and alert levels.
310 CMR 8.02Definitions7/25/9010/04/0267 FR 62187120Add a definition of PM10.
310 CMR 8.03Criteria7/25/9010/04/0267 FR 62187120Make PM10 the particulate criteria for determining emergeny episodes.
310 CMR 60.02Massachusetts Motor Vehicle Emissions Inspection and Maintenance Program6/1/091/25/1378 FR 5300137Revises enhanced I/M test requirements to consist of “OBD2-only” testing program. Approving submitted regulation with the exception of subsection 310 CMR 60.02(24)(f).
540 CMR 4.00Annual Safety and Combined Safety and Emissions Inspection of All Motor Vehicles, Trailers, Semi-trailers and Converter Dollies6/1/091/25/1378 FR 5300137Revises requirements for inspections and enforcement of I/M program.

Notes:

1. This table lists regulations adopted as of 1972. It does not depict regulatory requirements which may have been part of the Federal SIP before this date.

2. The regulations are effective statewide unless stated otherwise in comments or title section.

[49 FR 49454, Dec. 20, 1984]

Editorial Note: For Federal Register citations affecting §52.1167, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§52.1168   Certification of no sources.

The Commonwealth of Massachusetts has certified to the satisfaction of EPA that no sources are located in the Commonwealth which are covered by the following Control Techniques Guidelines:

(a) Large Petroleum Dry Cleaners.

(b) Natural Gas/Gasoline Processing Plants.

(c) Air Oxidation Processes/SOCMI.

(d) Polypropylene/Polyethylene Manufacturing.

[52 FR 32792, Aug. 31, 1987]

§52.1168a   Part D—Disapproval of Rules and Regulations.

On December 30, 1985, the Massachusetts Department of Environmental Quality Engineering (DEQE) submitted a revision to the Massachusetts State Implementation Plan (SIP) for the automobile surface coating regulation. This revision requested an extension of the final compliance dates to implement reasonably available control technology (RACT) on topcoat and final repair applications. As a result of EPA's disapproval of this revision, the existing compliance date of December 31, 1985 specified in the automobile surface coating regulation contained in the Massachusetts SIP will remain in effect (Massachusetts Regulation 310 CMR 7.18(7) as approved by EPA and codified at 40 CFR 52.1120(c)(30) and (53)).

[53 FR 36014, Sept. 16, 1988]

§52.1169   Stack height review.

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

[52 FR 49407, Dec. 31, 1987]

Subpart X—Michigan

§52.1170   Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Michigan under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet National Ambient Air Quality Standards.

(b) Incorporation by reference. (1) Material listed in paragraphs (c), (d), and (e) of this section with an EPA approval date prior to August 1, 2006, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c), (d), and (e) of this section with the EPA approval dates after August 1, 2006, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 5 certifies that the rules/regulations provided by the EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the SIP as of August 1, 2006.

(3) Copies of the materials incorporated by reference may be inspected at the Environmental Protection Agency, Region 5, Air Programs Branch, 77 West Jackson Boulevard, Chicago, IL 60604; the EPA, Air and Radiation Docket and Information Center, EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Ave., NW., Washington, DC 20460, and the National Archives and Records Administration. If you wish to obtain materials from a docket in the EPA Headquarters Library, please call the Office of Air and Radiation (OAR) Docket/Telephone number: (202) 566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(c) EPA approved regulations.

EPA-Approved Michigan Regulations

Michigan citation Title State effective date EPA approval date Comments
Annual Reporting
R 336.202Annual reports11/11/863/8/94, 59 FR 10752
Part 1. General Provisions
R 336.1101Definitions; A4/27/939/7/94, 59 FR 46182Only: actual emissions, air-dried coating, air quality standard, allowable emissions, and alternate opacity.
   2/22/856/11/92, 57 FR 24752
R 336.1102Definitions; B3/28/200812/16/2013, 78 FR 76064
R 336.1103Definitions; C3/28/200812/16/2013, 78 FR 76064
R 336.1104Definitions; D3/28/200812/16/2013, 78 FR 76064
R 336.1105Definitions; E3/28/200812/16/2013, 78 FR 76064
R 336.1106Definitions; F2/22/856/11/92, 57 FR 24752
R 336.1107Definitions; G5/27/022/24/03, 68 FR 8550
R 336.1108Definitions; H5/27/022/24/03, 68 FR 8550
R 336.1109Definitions: I3/28/200812/16/2013, 78 FR 76064
R 336.1112Definitions; L3/28/200812/16/2013, 78 FR 76064
R 336.1113Definitions: M3/28/200812/16/2013, 78 FR 76064
R 336.1114Definitions; N3/28/200812/16/2013, 78 FR 76064
R 336.1115Definitions; O8/21/817/26/82, 47 FR 32116
R 336.1116Definitions; P11/30/20124/4/14, 79 FR 18802
R 336.1118Definitions; R5/27/022/24/03, 68 FR 8550
R 336.1119Definitions; S2/22/856/11/92, 57 FR 24752
R 336.1120Definitions; T5/27/022/24/03, 68 FR 8550
R 336.1121Definitions; U4/20/899/15/94, 59 FR 47254
R 336.1122Definitions; V11/30/20124/4/14, 79 FR 18802
R 336.1123Definitions; W8/21/817/26/82, 47 FR 32116
R 336.1127Terms defined in the act1/18/805/6/80, 45 FR 29790
Part 2. Air Use Approval
R 336.1201Permits to install1/18/805/6/80, 45 FR 29790
R 336.1202Waivers of approval1/18/805/6/80, 45 FR 29790
R 336.1203Information required1/18/805/6/80, 45 FR 29790
R 336.1204Authority of agents1/18/805/6/80, 45 FR 29790
R 336.1206Processing of applications for other facilities1/18/805/6/80, 45 FR 29790
R 336.1207Denial of permits to install1/18/805/6/80, 45 FR 29790
R 336.1208Permits to operate1/18/805/6/80, 45 FR 29790
R 336.1221Construction of sources of particulate matter, sulfur dioxide, or carbon monoxide in or near nonattainment areas; conditions for approval7/17/801/12/82, 47 FR 1292
R 336.1240Required air quality models1/18/805/6/80, 45 FR 29790
R 336.1241Air quality modeling demonstration requirements1/18/805/6/80, 45 FR 29790
R 336.1280Permit system exemptions; cooling and ventilation equipment1/18/805/6/80, 45 FR 29790
R 336.1281Permit system exemptions; cleaning, washing and drying equipment1/18/805/6/80, 45 FR 29790
R 336.1282Permit system exemptions; cooling and ventilation equipment1/18/805/6/80, 45 FR 29790
R 336.1283Permit system exemptions; testing and inspection equipment7/17/808/28/81, 46 FR 43422
R 336.1284Permit system exemptions; containers1/18/805/6/80, 45 FR 29790
R 336.1285Permit system exemptions; miscellaneous1/18/805/6/80, 45 FR 29790
Part 3. Emission Limitations and Prohibitions—Particulate Matter
R 336.1301Standards for density of emissions3/19/026/1/06, 71 FR 31093
R 336.1303Grading visible emissions3/19/026/1/06, 71 FR 31093
R 336.1310Open burning2/3/996/28/02, 67 FR 43548
R 336.1330Electrostatic precipitation control systems3/19/026/1/06, 71 FR 31093
R 336.1331Emissions of particulate matter3/19/026/1/06, 71 FR 31093All except Table 31, section C.8.
   1/18/805/22/81, 46 FR 27923Only Table 31 Section C.7, preheater equipment.
R 336.1349Coke oven compliance date2/22/856/11/92, 57 FR 24752
R 336.1350Emissions from larry-car charging of coke ovens2/22/856/11/92, 57 FR 24752
R 336.1351Charging hole emissions from coke ovens2/22/856/11/92, 57 FR 24752
R 336.1352Pushing operation fugitive emissions from coke ovens2/22/856/11/92, 57 FR 24752
R 336.1353Standpipe assembly emissions during coke cycle from coke ovens2/22/856/11/92, 57 FR 24752
R 336.1354Standpipe assembly emissions during decarbonization from coke ovens2/22/856/11/92, 57 FR 24752
R 336.1355Coke oven gas collector main emissions from slot-type coke ovens1/18/805/55/81, 46 FR 27923
R 336.1356Coke oven door emissions from coke ovens; doors that are 5 meters or shorter2/22/856/11/92, 57 FR 24752
R 336.1357Coke oven door emissions from coke oven doors; doors that are taller than 5 meters2/22/856/11/92, 57 FR 24752
R 336.1358Roof monitor visible emissions at steel manufacturing facilities from electric arc furnaces and blast furnaces4/30/986/1/06, 71 FR 31093
R 336.1359Visible emissions from scarfer operation stacks at steel manufacturing facilities2/22/856/11/92, 57 FR 24752
R 336.1360Visible emissions from coke oven push stacks2/22/856/11/92, 57 FR 24752
R 336.1361Visible emissions from blast furnace casthouse operations at steel manufacturing facilities4/30/986/1/06, 71 FR 31093
R 336.1362Visible emissions from electric arc furnace operations at steel manufacturing facilities4/30/986/1/06, 71 FR 31093
R 336.1363Visible emissions from argon-oxygen decarburization operations at steel manufacturing facilities4/30/986/1/06, 71 FR 31093
R 336.1364Visible emissions from basic oxygen furnace operations2/22/856/11/92, 57 FR 24752
R 336.1365Visible emissions from hot metal transfer operations at steel manufacturing facilities2/22/856/11/92, 57 FR 24752
R 336.1366Visible emissions from hot metal desulphurization operations at steel manufacturing facilities2/22/856/11/92, 57 FR 24752
R 336.1367Visible emissions from sintering operations2/22/856/11/92, 57 FR 24752
R 336.1370Collected air contaminants2/17/8111/15/82, 47 FR 51398
R 336.1371Fugitive dust control programs other than areas listed in Table 363/19/026/1/06, 71 FR 31093
R 336.1372Fugitive dust control program; required activities; typical control methods3/19/026/1/06, 71 FR 31093
R 336.1374Particulate matter contingency measures: Areas listed in Table 373/19/026/1/06, 71 FR 31093
Part 4. Emission Limitations and Prohibitions—Sulfur-Bearing Compounds
R 336.1401Emissions of sulfur dioxide from power plants3/19/026/1/06, 71 FR 31093
R 336.1402Emission of sulfur dioxide from fuel-burning sources other than power plants1/18/805/6/80, 45 FR 29790
R 336.1403Oil- and natural gas-producing or transporting facilities and natural gas-processing facilities; emissions; operation3/19/026/1/06, 71 FR 31093
R 336.1404Emissions of sulfuric acid mist from sulfuric acid plants1/18/805/6/80, 45 FR 29790
Part 6. Emission Limitations and Prohibitions—Existing Sources of Volatile Organic Compound Emissions
R 336.1601Definitions3/19/026/1/06, 71 FR 31093
R 336.1602General provisions for existing sources of volatile organic compound emissions4/10/006/28/02, 67 FR 43548
R 336.1604Storage of organic compounds having a true vapor pressure of more than 1.5 psia, but less than 11 psia, in existing fixed roof stationary vessels of more than 40,000 gallon capacity3/19/026/1/06, 71 FR 31093
R 336.1605Storage of organic compounds having a true vapor pressure of 11 or more psia in existing stationary vessels of more than 40,000 gallon capacity3/19/026/1/06, 71 FR 31093
R 336.1606Loading gasoline into existing stationary vessels of more than 2,000 gallon capacity at dispensing facilities handling 250,000 gallons per year3/19/026/1/06, 71 FR 31093
R 336.1607Loading gasoline into existing stationary vessels of more than 2,000 capacity at loading facilities3/19/026/1/06, 71 FR 31093
R 336.1608Loading gasoline into existing delivery vessels at loading facilities handling less than 5,000,000 gallons per year3/19/026/1/06, 71 FR 31093
R 336.1609Loading existing delivery vessels with organic compounds having a true vapor pressure of more than 1.5 psia at existing loading facilities handling 5,000,000 or more gallons of such compounds per year4/20/899/15/94, 59 FR 47254
R 336.1610Existing coating lines; emission of volatile organic compounds from existing automobile, light-duty truck, and other product and material coating lines4/27/939/7/94, 59 FR 46182
R 336.1611Existing cold cleaners6/13/977/21/99, 64 FR 39034
R 336.1612Existing open top vapor degreasers6/13/977/21/99, 64 FR 39034
R 336.1613Existing conveyorized cold cleaners6/13/977/21/99, 64 FR 39034
R 336.1614Existing conveyorized vapor degreasers6/13/977/21/99, 64 FR 39034
R 336.1615Existing vacuum-producing system at petroleum refineries3/19/026/1/06, 71 FR 31093
R 336.1616Process unit turnarounds at petroleum refineries3/19/026/1/06, 71 FR 31093
R 336.1617Existing organic compound-water separators at petroleum refineries3/19/026/1/06, 71 FR 31093
R 336.1618Use of cutback paving asphalt3/19/026/1/06, 71 FR 31093
R 336.1619Perchloroethylene; emission from existing dry cleaning equipment; disposal3/19/026/1/06, 71 FR 31093
R 336.1620Emission of volatile organic compounds from the coating of flat wood paneling from existing coating lines4/27/939/7/94, 59 FR 46182
R 336.1621Emission of volatile organic compounds from the coating of metallic surfaces from existing coating lines4/27/939/7/94, 59 FR 46182
R 336.1622Emission of volatile organic compound from existing component of a petroleum refinery; refinery monitoring program3/19/026/1/06, 71 FR 31093
R 336.1623Storage of petroleum liquids having a true vapor pressure of more than 1.0 psia but less than 11.0 psia, in existing external floating roof stationary vessels of more than 40,000 gallon capacity3/19/026/1/06, 71 FR 31093
R 336.1624Emission of volatile organic compound from an existing graphic arts line11/18/939/7/94, 59 FR 46182
R 336.1625Emission of volatile organic compound from existing equipment utilized in the manufacturing of synthesized pharmaceutical products11/30/006/1/06, 71 FR 31093
R 336.1627Delivery Vessels; Vapor Collection Systems2/22/068/3/07, 72 FR 43169
R 336.1628Emission of volatile organic compounds from components of existing process equipment used in manufacturing synthetic organic chemicals and polymers3/19/026/1/06, 71 FR 31093
R 336.1629Emission of volatile organic compounds from components of existing process equipment used in processing natural gas; monitoring program3/19/026/1/06, 71 FR 31093
R 336.1630Emission of volatile organic compounds from existing paint manufacturing processes3/19/026/1/06, 71 FR 31093
R 336.1631Emission of volatile organic compounds from existing process equipment utilized in manufacture of polystyrene of other organic resins3/19/026/1/06, 71 FR 31093
R 336.1632Emission of volatile organic compounds form existing automobile, truck, and business machine plastic part coating lines4/27/939/7/94, 59 FR 46182
R 336.1651Standards for degreasers6/13/977/21/99, 64 FR 39034
R 336.1660Standards for Volatile Organic Compounds Emissions from Consumer Products10/3/075/22/09, 74 FR 23952
R 336.1661Definitions for Consumer Products11/3/075/22/09, 74 FR 23952
Part 7. Emission Limitations and Prohibitions—New Sources of Volatile Organic Compound Emissions
R 336.1702General provisions for new sources of volatile organic compound emissions3/19/026/1/06, 71 FR 31093
R 336.1705Loading gasoline into delivery vessels at new loading facilities handling less than 5,000,000 gallons per year3/19/026/1/06, 71 FR 31093
R 336.1706Loading delivery vessels with organic compounds having a true vapor pressure of more than 1.5 psia at new loading facilities handling 5,000,000 or more gallons of such compounds per year6/13/977/21/99, 64 FR 39034
R 336.1707New cold cleaners6/13/977/21/99, 64 FR 39034
R 336.1708New open top vapor degreasers6/13/977/21/99, 64 FR 39034
R 336.1709New conveyorized cold cleaners6/13/977/21/99, 64 FR 39034
R 336.1710New conveyorized vapor degreasers6/13/977/21/99, 64 FR 39034
Part 8. Emission Limitations and Prohibitions—Oxides of Nitrogen
R 336.1801Emission of oxides of nitrogen from non-sip call stationary sources5/28/098/18/09. 74 FR 41637
R 336.1802Applicability under oxides of nitrogen budget trading program5/20/0412/23/04, 69 FR 76848
R 336.1802aAdoption by reference5/28/098/18/09, 74 FR 41637.
R 336.1803Definitions5/28/098/18/09, 74 FR 41637.
R 336.1804Retired unit exemption from oxides of nitrogen budget trading program5/20/0412/23/04, 69 FR 76848
R 336.1805Standard requirements of oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1806Computation of time under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1807Authorized account representative under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1808Permit requirements under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1809Compliance certification under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1810Allowance allocations under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1811New source set-aside under oxides of nitrogen budget trading program5/20/0412/23/04, 69 FR 76848
R 336.1812Allowance tracking system and transfers under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1813Monitoring and reporting requirements under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1814Individual opt-ins under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1815Allowance banking under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1816Compliance supplement pool under oxides of nitrogen budget trading program12/4/0212/23/04, 69 FR 76848
R 336.1817Emission limitations and restrictions for Portland cement kilns12/4/0212/23/04, 69 FR 76848
R 336.1818Emission limitations for stationary internal combustion engines11/20/061/29/08, 73 FR 5101
R 336.1821CAIR NOX ozone and annual trading programs; applicability determinations5/28/098/18/09, 74 FR 41637.
R 336.1822CAIR NOX ozone season trading program; allowance allocations5/28/098/18/09, 74 FR 41637.
R 336.1823New EGUs, new non-EGUs, and newly affected EGUs under CAIR NOX ozone season trading program; allowance allocations5/28/098/18/09, 74 FR 41637.
R 336.1824CAIR NOX ozone season trading program; hardship set-aside6/25/078/18/09, 74 FR 41637.
R 336.1825CAIR NOX ozone season trading program; renewable set-aside6/25/078/18/09, 74 FR 41637.
R 336.1826CAIR NOX ozone season trading program; opt-in provisions6/25/078/18/09, 74 FR 41637.
R 336.1830CAIR NOX annual trading program; allowance allocations5/28/098/18/09, 74 FR 41637.
R 336.1831New EGUs under CAIR NOX annual trading program; allowance allocations5/28/098/18/09, 74 FR 41637.
R 336.1832CAIR NOX annual trading program; hardship set-aside5/28/098/18/09, 74 FR 41637.
R 336.1833CAIR NOX annual trading program; compliance supplement pool5/28/098/18/09, 74 FR 41637.
R 336.1834Opt-in provisions under the CAIR NOX annual trading program6/25/078/18/09, 74 FR 41637.
Part 9. Emission Limitations and Prohibitions—Miscellaneous
R 339.1901Air contaminant or water vapor, when prohibited1/18/805/6/80, 45 FR 29790
R 339.1906Diluting and concealing emissions3/19/026/1/06, 71 FR 31093
R 339.1910Air-cleaning devices1/18/805/6/80, 45 FR 29790
R 339.1911Malfunction abatement plans3/19/026/1/06, 71 FR 31093
R 336.1912Abnormal conditions, start-up, shutdown, and malfunction of a source, process, or process equipment, operating, notification, and reporting requirements7/26/95, as corrected 6/1/0710/26/07, 72 FR 60783
R 339.1915Enforcement discretion in instances of excess emission resulting from malfunction, start-up, or shutdown5/27/022/24/03, 68 FR 8550
R 339.1916Affirmative defense for excess emissions during start-up or shutdown5/27/022/24/03, 68 FR 8550
R 339.1930Emission of carbon monoxide from ferrous cupola operations3/19/026/1/06, 71 FR 31093
Part 10. Intermittent Testing and Sampling
R 336.2001Performance tests by owner3/19/026/1/06, 71 FR 31093, 6/1/06 71 FR 31093
R 336.2002Performance tests by commission3/19/026/1/06, 71 FR 31093
R 336.2003Performance test criteria3/19/026/1/06, 71 FR 31093
R 336.2004Appendix A; reference test methods; adoption of federal reference test methods2/22/068/3/07, 72 FR 43169
R 336.2005Reference test methods for state-requested tests of delivery vessels2/22/068/3/07, 72 FR 43169
R 336.2006Reference test method serving as alternate version of federal reference test method 25 by incorporating Byron analysis4/27/939/7/94, 59 FR 46182
R 336.2007Alternate version of procedure L, referenced in R 336.2040(10)3/19/026/1/06, 71 FR 31093
R 336.2011Reference test method 5B4/29/056/1/06, 71 FR 31093
R 336.2012Reference test method 5C10/15/046/1/06, 71 FR 31093
R 336.2013Reference test method 5D3/19/026/1/06, 71 FR 31093
R 336.2014Reference test method 5E10/15/046/1/06, 71 FR 31093
R 336.2021Figures3/19/026/1/06, 71 FR 31093
R 336.2030Reference test method 9A2/22/856/11/92, 57 FR 24752
R 336.2031Reference test method 9B2/22/856/11/92, 57 FR 24752
R 336.2032Reference test method 9C2/22/856/11/92, 57 FR 24752
R 336.2033Test methods for coke oven quench towers2/22/856/11/92, 57 FR 24752
R 336.2040Method for determination of volatile organic compound emissions from coating lines and graphic arts lines3/19/026/1/06, 71 FR 31093All except sections (9) and (10).
R 336.2041Recording requirements for coating lines and graphic arts lines4/27/939/7/94, 59 FR 46182
Part 11. Continuous Emission Monitoring
R 336.2101Continuous emission monitoring, fossil fuel-fired steam generators3/19/026/1/06, 71 FR 31093
R 336.2102Continuous emission monitoring, sulfuric acid-producing facilities1/18/8011/2/88, 53 FR 44189
R 336.2103Continuous emission monitoring, fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries1/18/8011/2/88, 53 FR 44189
R 336.2150Performance specifications for continuous emission monitoring systems3/19/026/1/06, 71 FR 31093
R 336.2151Calibration gases for continuous emission monitoring systems1/18/8011/2/88, 53 FR 44189
R 336.2152Cycling time for continuous emission monitoring systems1/18/8011/2/88, 53 FR 44189
R 336.2153Zero and drift for continuous emission monitoring systems1/18/8011/2/88, 53 FR 44189
R 336.2154Instrument span for continuous emission monitoring systems1/18/8011/2/88, 53 FR 44189
R 336.2155Monitor location for continuous emission monitoring systems3/19/026/1/06, 71 FR 31093
R 336.2159Alternative continuous emission monitoring systems3/19/026/1/06, 71 FR 31093
R 336.2170Monitoring data reporting and recordkeeping3/19/026/1/06, 71 FR 31093
R 336.2175Data reduction procedures for fossil fuel-fired steam generators11/15/046/1/06, 71 FR 31093
R 336.2176Data reduction procedures for sulfuric acid plants1/18/8011/2/88, 53 FR 44189
R 336.2189Alternative data reporting or reduction procedures3/19/026/1/06, 71 FR 31093
R 336.2190Monitoring System Malfunctions3/19/026/1/06, 71 FR 31093
R 336.2199Exemptions from continuous emission monitoring requirements1/18/8011/2/88, 53 FR 44189All except section (c).
Part 16. Organization, Operation and Procedures
R 336.2606Declaratory rulings requests1/18/8011/2/88, 53 FR 44189
R 336.2607Consideration and disposition of declaratory rulings requests1/18/8011/2/88, 53 FR 44189
Part 17. Hearings
R 336.2701Procedures from Administrative Procedures Act4/10/006/28/02, 67 FR 43548
R 336.2702Service of notices and orders; appearances4/10/006/28/02, 67 FR 43548
R 336.2704Hearing commissioner's hearings1/18/8011/2/88, 53 FR 44189
R 336.2705Agency files and records, use in connection with hearings1/18/8011/2/88, 53 FR 44189
R 336.2706Commission hearings after hearing commissioner hearings1/18/8011/2/88, 53 FR 44189
Executive Orders
1991-31Commission of Natural Resources, Department of Natural Resources, Michigan Department of Natural Resources, Executive Reorganization1/7/9211/6/97, 62 FR 59995Introductory and concluding words of issuance; Title I: General, Part A Sections 1, 2, 4 & 5 and Part B; Title III: Environmental Protection, Part A Sections 1 & 2 and Part D; Title IV: Miscellaneous, Parts A & B, Part C Sections 1, 2 & 4 and Part D.
1995-18Michigan Department of Environmental Quality, Michigan Department of Natural Resources, Executive Reorganization9/30/9511/6/97, 62 FR 59995Introductory and concluding words of issuance; Paragraphs 1, 2, 3(a) & (g), 4, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, and 18.
State Statutes
Act 250 of 1965, as amendedTax Exemption Act19725/31/72, 37 FR 10841
Act 348 of 1965, as amendedAir Pollution Act19725/31/72, 37 FR 10841
Act 348 of 1965, as amendedAir Pollution Act19862/17/88, 53 FR 4622Only section 7a.
Act 348 of 1965, as amendedAir Pollution Act19903/8/94, 59 FR 10752Only sections 5 and 14a.
Act 127 of 1970Michigan Environmental Protection Act7/27/705/31/72, 37 FR 10841
Act 283 of 1964, as amendedWeights and Measures Act8/28/645/5/97, 62 FR 24341Only chapter 290, sections 613 and 615.
Act 44 of 1984, as amendedMichigan Motor Fuels Quality Act11/13/935/5/97, 62 FR 24341Only chapter 290, sections 642, 643, 645, 646, 647, and 649.
Act 12 of 1993Small Business Clean Air Assistance Act4/1/936/3/94, 59 FR 28785
Act 451 of 1994, as amendedNatural Resources and Environmental Protection Act3/30/952/10/98, 63 FR 6650Only sections 324.5524 and 324.5525.
House Bill 4165Motor Vehicle Emissions Inspection and Maintenance Program Act11/13/932/21/96, 61 FR 31831
House Bill 4898An Act to amend section 3 of Act 44 of 198411/13/9310/11/94, 59 FR 51379
House Bill 5016Motor Vehicle Emissions Testing Program Act11/13/933/7/95, 60 FR 12459
House Bill 5508Amendment to Motor Fuels Quality Act, Act 44 of 19844/06/063/2/07, 72 FR 4432
Senate Bill 726An Act to amend sections 2, 5, 6, 7, and 8 of Act 44 of 198411/13/939/7/94, 59 FR 46182
Local Regulations
City of Grand Rapids Ordinance 72-34City of Grand Rapids Air Pollution Control Regulations19725/31/72, 57 FR 10841Ordinance amends sections 9.35 and 9.36 of article 4, Chapter 151 Title IX of the Code of the City of Grand Rapids.
Muskegon County Air Pollution Control RulesMuskegon County Air Pollution Control Rules and Regulations, as amended3/27/735/16/84, 49 FR 20650Only article 14, section J.
Wayne County Air Pollution Control RegulationsWayne County Air Pollution Control Regulations3/20/695/16/80, 45 FR 29790
Wayne County varianceMinutes from 1981 board meeting9/18/815/16/80, 45 FR 29790
Wayne County Air Pollution Control OrdinanceWayne County Air Pollution Control Ordinance11/18/855/13/93, 58 FR 28359Only: chapters 1, 2, 3, 5 (except for the portions of section 501 which incorporate by reference the following parts of the state rules: the quench tower limit in R 336.1331, Table 31, section C.8; the deletion of the limit in R 336.1331 for coke oven coal preheater equipment; and R 336.1355), 8 (except section 802), 9, 11, 12, 13, and appendices A and D.
Part 18. Prevention of Significant Deterioration of Air Quality
R 336.2801DefinitionsDecember 4, 2006March 25, 2010, 75 FR 14352All sections except for (j) and (ff), [reserved in original rule].
R 336.2801DefinitionsSeptember 11, 2008March 25, 2010, 75 FR 14352Sections (hh) and (r)(ii).
R 336.2801Definitions11/30/20124/4/14, 79 FR 18802
R 336.2802ApplicabilityDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2803Ambient Air Increments11/30/20124/4/14, 79 FR 18802
R 336.2804Ambient Air CeilingsDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2805Restrictions on Area ClassificationsDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2806Exclusions from Increment ConsumptionDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2807RedesignationDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2808Stack HeightsDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2809Exemptions11/30/20124/4/14, 79 FR 18802All except for section (5)(a)(iii)
R 336.2810Control Technology ReviewDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2811Source Impact AnalysisDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2812Air Quality ModelsDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2813Air Quality AnalysisDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2814Source InformationDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2815Additional Impact AnalysesDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2816Sources impacting federal class I areas; additional requirements11/30/20124/4/14, 79 FR 18802
R 336.2817Public ParticipationDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2818Source ObligationDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2818Source ObligationSeptember 11, 2008September 27, 2010, 75 FR 59081Section (3).
R 336.2819Innovative Control TechnologyDecember 4, 2006March 25, 2010, 75 FR 14352
R 336.2823Actuals Plantwide Applicability Limits (PALs)December 4, 2006March 25, 2010, 75 FR 14352Only sections (1) through (14).
Part 19. New Source Review for Major Sources Impacting Nonattainment Areas
R 336.2901Definitions6/20/200812/16/2013, 78 FR 76064
R 336.2901aAdoption by reference6/20/200812/16/2013, 78 FR 76064
R 336.2902Applicability6/20/200812/16/2013, 78 FR 76064
R 336.2903Additional permit requirements for sources impacting nonattainment areas6/20/200812/16/2013, 78 FR 76064
R 336.2907Plantwide applicability limits or PALs6/20/200812/16/2013, 78 FR 76064
R 336.2908Conditions for approval of a major new source review permit in a nonattainment area6/20/200812/16/2013, 78 FR 76064

(d) EPA approved state source-specific requirements.

EPA-Approved Michigan Source-Specific Provisions

Name of source Order No.State effective date EPA approval date Comments
Allied Signal, Inc., Detroit Tar Plant, Wayne County4-199310/12/941/17/95, 60 FR 3346
American Colloid PlantPermit 341-7912/18/799/15/83, 48 FR 41403
American Colloid PlantPermit 375-7911/23/799/15/83, 48 FR 41403
Asphalt Products Company, Plant 5A, Wayne County5-199310/12/941/17/95, 60 FR 3346
Clark Oil and Refining Corporation, Calhoun County6-19816/24/8212/13/82, 47 FR 55678
Clawson Concrete Company, Plant #1, Wayne County6-199310/12/941/17/95, 60 FR 3346
Conoco, Inc., Berrien County17-19819/28/812/17/82, 47 FR 6828
Consumers Power Company, B. C. Cobb Plant, Muskegon County6-197912/10/795/1/81, 46 FR 24560
Consumers Power Company, J.H. Campbell Plant, Units 1 and 2, Ottawa County12-198410/1/841/12/87, 52 FR 1183
Continental Fibre Drum, Inc., Midland County14-198712/9/876/11/92, 57 FR 24752
Cummings-Moore Graphite Company, Wayne County7-199310/12/941/17/95, 60 FR 3346
CWC Castings Division of Textron, Muskegon County12-19792/15/805/16/84, 49 FR 20650
Delray Connecting Railroad Company, Wayne County8-199310/12/941/17/95, 60 FR 3346
Detroit Edison Company, Boulevard Heating Plant, Wayne County7-19814/28/815/4/82, 47 FR 19133
Detroit Edison Company, City of St. Clair, St. Clair County4-197811/14/788/25/80, 45 FR 56344
Detroit Edison Company, Monroe County9-19777/7/7712/21/79, 44 FR 75635 (correction: 3/20/80, 45 FR 17997)
Detroit Edison Company, River Rouge Power Plant, Wayne County9-199310/12/941/17/95, 60 FR 3346
Detroit Edison Company, Sibley Quarry, Wayne County10-199310/12/941/17/95, 60 FR 3346
Detroit Water and Sewerage Department, Wastewater Treatment Plant, Wayne County11-199310/12/941/17/95, 60 FR 3346
Diamond Crystal Salt Company, St. Clair County13-19829/8/823/14/83, 48 FR 9256
Dow Chemical Company, Midland County12-19816/15/813/24/82, 47 FR 12625
Dow Chemical Company, West Side and South Side Power Plants, Midland County19-19817/21/813/24/82, 47 FR 12625Only sections A(3), B, C, D, and E.
Dundee Cement Company, Monroe County8-197910/17/798/11/80, 45 FR 53137
Dundee Cement Company, Monroe County16-198011/19/8012/3/81, 46 FR 58673
Eagle Ottawa Leather Company, Ottawa County7-19947/13/9410/23/95, 60 FR 54308
Edward C. Levy Company, Detroit Lime Company, Wayne County15-199310/12/941/17/95, 60 FR 3346
Edward C. Levy Company, Plant #1, Wayne County16-199310/12/941/17/95, 60 FR 3346
Edward C. Levy Company, Plant #3, Wayne County17-199310/12/941/17/95, 60 FR 3346
Edward C. Levy Company, Plant #4 and 5, Wayne County19-199310/12/941/17/95, 60 FR 3346
Edward C. Levy Company, Plant #6, Wayne County18-199310/12/941/17/95, 60 FR 3346
Edward C. Levy Company, Scrap Up-Grade Facility, Wayne County20-199310/12/941/17/95, 60 FR 3346
Enamalum Corporation, Oakland County6-19946/27/942/21/96, 61 FR 6545
Ferrous Processing and Trading Company, Wayne County12-199310/12/941/17/95, 60 FR 3346
Ford Motor Company, Rouge Industrial Complex, Wayne County13-199310/12/941/17/95, 60 FR 3346
Ford Motor Company, Utica Trim Plant, Macomb County39-199311/12/939/7/94, 59 FR 46182
Ford Motor Company, Vulcan Forge, Wayne County14-199310/12/941/17/95, 60 FR 3346
General Motors Corporation, Warehousing and Distribution Division, Genesee County18-19817/28/835/16/84, 49 FR 20649Original order effective 12/1/81, as altered effective 7/28/83.
General Motors Corporation, Buick Motor Division Complex, Flint, Genesee County10-19795/5/802/10/82, 47 FR 6013
General Motors Corporation, Buick Motor Division, Genesee County8-19824/2/848/22/88, 53 FR 31861Original order effective 7/12/82, as altered effective 4/2/82.
General Motors Corporation, Cadillac Motor Car Division, Wayne County12-19827/22/827/5/83, 48 FR 31022
General Motors Corporation, Central Foundry Division, Saginaw Malleable Iron Plant, Saginaw County8-19836/9/8312/13/85, 50 FR 50907Supersedes paragraph 7.F of order 6-1980.
General Motors Corporation, Central Foundry Division, Saginaw Malleable Iron Plant, Saginaw County6-19807/30/828/15/83, 48 FR 36818Paragraph 7.F superseded by order 8-1983. Original order effective 6/3/80, as altered effective 7/30/82.
General Motors Corporation, Chevrolet Flint Truck Assembly, Genesee County10-19827/12/827/5/83, 48 FR 31022
General Motors Corporation, Chevrolet Motor Division, Saginaw Grey Iron Casting Plant and Nodular Iron Casting Plant, Saginaw County1-19804/16/802/10/82, 47 FR 6013
General Motors Corporation, Fisher Body Division, Fleetwood, Wayne County11-19827/22/827/5/83, 48 FR 31022
General Motors Corporation, Fisher Body Division, Flint No. 1, Genesee County9-19827/12/827/5/83, 48 FR 31022
General Motors Corporation, GM Assembly Division, Washtenaw County5-19835/5/8312/13/84, 49 FR 5345
General Motors Corporation, Hydra-Matic Division, Washtenaw County3-19826/24/823/4/83, 48 FR 9256
General Motors Corporation, Oldsmobile Division, Ingham County4-19835/5/8312/13/84, 49 FR 5345
Hayes-Albion Corporation Foundry, Calhoun County2-19802/2/8248 FR 41403Original order effective 2/15/80, as altered effective 2/2/82.
J. H. Campbell Plant, Ottawa County5-19792/6/8012/24/80, 45 FR 85004 (correction: 3/16/81 46 FR 16895)Original order effective 6/25/79, as altered effective 2/6/80.
Keywell Corporation, Wayne County31-199310/12/941/17/95, 60 FR 3346
Lansing Board of Water and Light4-19795/23/7912/17/80, 45 FR 82926All except sections 7 A, B, C1, D, E, F, and section 8.
Marathon Oil Company, Muskegon County16-19817/31/812/22/82, 47 FR 7661
Marblehead Lime Company, Brennan Avenue Plant, Wayne County21-199310/12/941/17/95, 60 FR 3346
Marblehead Lime Company, River Rouge Plant, Wayne County22-199310/12/941/17/95, 60 FR 3346
McLouth Steel Company, Trenton Plant, Wayne County23-199310/12/941/17/95, 60 FR 3346
Michigan Foundation Company, Cement Plant, Wayne County24-199310/12/941/17/95, 60 FR 3346
Michigan Foundation Company, Sibley Quarry, Wayne County25-199310/12/941/17/95.60 FR 3346
Monitor Sugar Company, Bay County21-198110/29/815/19/82, 47 FR 21534
Morton International, Inc., Morton Salt Division, Wayne County26-199310/12/941/17/95, 60 FR 3346
National Steel Corporation, Great Lakes Division, Wayne County27-199310/12/941/17/95, 60 FR 3346
National Steel Corporation, Transportation and Materials Handling Division, Wayne County28-199310/12/941/17/95, 60 FR 3346
New Haven Foundry, Inc., Macomb County12-19808/14/802/10/82, 47 FR 6013
Northern Michigan Electric Cooperative Advance Steam Plant, Charlevoix County16-19791/10/8046 FR 34584
Packaging Corporation of America, Manistee County23-19847/8/855/4/87, 52 FR 16246
Peerless Metal Powders, Incorporated, Wayne County29-199310/12/941/17/95, 60 FR 3346
Rouge Steel Company, Wayne County30-199310/12/941/17/95, 60 FR 3346
S. D. Warren Company, Muskegon9-197910/31/991/27/81, 46 FR 8476
St. Marys Cement Company, Wayne County32-199310/12/941/17/95, 60 FR 3346
Traverse City Board of Light and Power, Grand Traverse County23-19811/4/825/19/82, 47 FR 21534
Union Camp Corporation, Monroe County14-19791/3/805/14/81, 46 FR 26641
United States Gypsum Company, Wayne County33-199310/12/941/17/95, 60 FR 3346
VCF Films, Inc., Livingston County3-19936/21/939/7/94, 59 FR 46182
Woodbridge Corporation, Washtenaw County40-199311/12/939/7/94, 59 FR 46182
Wyandotte Municipal Power Plant, Wayne County34-199310/12/941/17/95, 60 FR 3346

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

EPA-Approved Michigan Nonregulatory and Quasi-Regulatory Provisions

Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date EPA approval date Comments
Implementation plan for the control of suspended particulates, sulfur oxides, carbon monoxide, hydrocarbons, nitrogen oxides, and photochemical oxidants in the state of MichiganStatewide2/3/725/31/72, 37 FR 10841Sections include: Air quality control regions, legal authority, air quality data, emission data, control strategy, control regulations, compliance plans and schedules, prevention of air pollution emergency episodes, air quality surveillance program, control of emission sources, organization and resources, and intergovernmental cooperation.
Reevaluation of control strategiesBerrien and Ingham Counties3/3/7210/28/72, 37 FR 23085
Reasons and justificationsStatewide7/12/7210/28/72, 37 FR 23085Concerning general requirements of control strategy for nitrogen dioxide, compliance schedules, and review of new sources and modifications.
Public availability of emissions dataStatewide7/24/7210/28/72, 37 FR 23085
Compliance schedulesAlpena, Baraga, Charlevoix, Huron, Ionia, Marquette, Midland, Muskegon, Oakland, Otsego, and St. Clair Counties5/4/73, 9/19/73, 10/23/73, and 12/13/738/5/74, 39 FR 28155
Compliance schedulesAllegan, Eaton, Emmet, Genesee, Huron, Ingham, Macomb, Monroe, Ottawa, Saginaw, and St. Clair Counties2/16/73 and 5/4/739/10/74, 39 FR 32606
Air quality maintenance area identifications for particulate matterMacomb, Oakland, Wayne and Monroe Counties6/27/74 and 10/18/746/2/75, 40 FR 23746
Carbon monoxide control strategySaginaw area4/25/795/6/80, 45 FR 29790
Ozone attainment demonstrations and transportation control plansFlint, Lansing and Grand Rapids urban areas4/25/79, 7/25/79, 10/12/79, 10/26/79, 11/8/79, 12/26/796/2/80, 45 FR 37188
Transportation control plansDetroit urban area4/25/79, 7/25/79, 10/12/79, 10/26/79, 11/8/79, 12/26/796/2/80, 45 FR 37188
Ozone control strategy for rural ozone nonattainment areasMarquette, Muskegon, Gratiot, Midland, Saginaw, Bay, Tuscola, Huron, Sanilac, Ottawa, Ionia, Shiawassee, Lapeer, Allegan, Barry, Van Buren, Kalamazoo, Calhoun, Jackson, Berrien, Cass, Branch, Hillsdale, and Lenawee Counties4/25/79, 7/25/79, 10/12/79, 10/26/79, 11/8/79, 12/26/796/2/80, 45 FR 37188
Carbon monoxide and ozone demonstrations of attainment and I/M programDetroit urban area4/25/79, 7/25/79, 10/12/79, 10/26/79, 11/8/79, 12/26/79, 3/20/80, 5/12/80, and 5/21/806/2/80, 45 FR 37192
Ambient air quality monitoring, data reporting, and surveillance provisionsStatewide12/19/793/4/81, 46 FR 15138
Transportation control planNiles4/25/79, 10/26/79, 11/8/79, 12/26/79, 8/4/80, and 8/8/804/17/81, 46 FR 22373
Provisions addressing sections 110(a)(2)(K), 126(a)(2), 127, and 128 of the Clean Air Act as amended in 1977Statewide4/25/79 and 10/12/796/5/81, 46 FR 30082Concerns permit fees, interstate pollution, public notification, and state boards.
Section 121, intergovernmental consultationStatewide5/25/7911/27/81, 46 FR 57893
Total suspended particulate studiesDetroit area3/7/80 and 4/21/812/18/82, 47 FR 7227
Lead planStatewide12/27/79 and 2/9/814/13/82, 47 FR 15792
Reduction in size of Detroit ozone areaWayne, Oakland, Macomb, Livingston, Monroe, St. Clair, and Washtenaw Counties9/1/827/7/83, 48 FR 31199
Negative declarationsWayne, Oakland and Macomb Counties10/10/83, 5/17/85, and 6/12/8511/24/86, 51 FR 42221Includes large petroleum dry cleaners, high-density polyethylene, polypropylene, and polystyrene resin manufacturers, and synthetic organic chemical manufacturing industry—oxidation.
Information relating to order 8-1982: letter dated 9/6/84 from Michigan Department of Natural Resources to EPAGenesee County9/6/848/22/88, 53 FR 31861
Information relating to order 14-1987: letter dated 12/17/87 from Michigan Department of Natural Resources to EPAMidland County12/17/8710/3/89, 54 FR 40657
Appendices A and D of Wayne County Air Pollution Control OrdinanceWayne County10/10/865/13/93, 58 FR 28359Effective 11/18/85.
Information supporting emissions statement programStatewide11/16/92, 10/25/93, and 2/7/943/8/94, 59 FR 10752
1990 base year emissions inventoryGrand Rapids and Muskegon areas1/5/937/26/94, 59 FR 37944
Section 182(f) NOX exemptionDetroit-Ann Arbor area11/12/938/10/94, 59 FR 40826
Negative declarationsLivingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, Wayne, Kent, Ottawa, and Muskegon Counties3/30/949/7/94, 59 FR 46182Includes: Large petroleum dry cleaners, SOCMI air oxidation processes, high-density polyethylene and polypropylene resin manufacturing and pneumatic rubber tire manufacturing.
I/M programGrand Rapids and Muskegon areas11/12/93 and 7/19/9410/11/94, 59 FR 51379Includes: document entitled “Motor Vehicle Emissions Inspection and Maintenance Program for Southeast Michigan, Grand Rapids MSA, and Muskegon MSA Moderate Nonattainment Areas,” RFP, and supplemental materials.
1990 base year emissions inventory and 1-hour ozone maintenance planDetroit-Ann Arbor area (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties)11/12/933/7/95, 60 FR 12459
Section 182(f) NOX exemptionsClinton, Ingham, Eaton, and Genesee Counties7/1/94 and 7/8/944/27/95, 60 FR 20644
Section 182(f) NOX exemptionsKent, Ottawa, Muskegon, Allegan, Barry, Bay, Berrien, Branch, Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham, Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph, Saginaw, Shiawassee, and Van Buren Counties7/13/941/26/96, 61 FR 2428
1-hour ozone maintenance planGrand Rapids area3/9/956/21/96, 61 FR 31831
PM-10 maintenance planWayne County7/24/958/5/96, 61 FR 40516
General conformityStatewide11/29/9412/18/96, 61 FR 66607
Transportation conformityStatewide11/24/9412/18/96, 61 FR 66609
7.8 psi Reid vapor pressure gasoline-supplemental materialsWayne, Oakland, Macomb, Washtenaw, Livingston, St. Clair, and Monroe Counties5/16/96, 1/5/96, and 5/14/965/5/97, 62 FR 24341Includes: letter from Michigan Governor John Engler to Regional Administrator Valdas Adamkus, dated 1/5/96, letter from Michigan Director of Environmental Quality Russell Harding to Regional Administrator Valdas Adamkus, dated 5/14/96, and state report entitled “Evaluation of Air Quality Contingency Measures for Implementation in Southeast Michigan”.
Section 182(f) NOX exemptionMuskegon County11/22/959/26/97, 62 FR 50512
Carbon monoxide maintenance planDetroit area (portions of Wayne, Oakland, and Macomb Counties)3/18/996/30/99, 64 FR 35017
1-hour ozone maintenance planMuskegon County3/9/958/30/00, 65 FR 52651
1-hour ozone maintenance planAllegan County9/1/00 and 10/13/0011/24/00, 65 FR 70490
1-hour ozone maintenance planGenesee, Bay Midland, and Saginaw Counties5/9/0011/13/00, 65 FR 67629
1-hour ozone maintenance plan revisionMuskegon County3/22/018/6/01, 66 FR 40895Revision to motor vehicle emission budgets.
8-hour ozone maintenance planGrand Rapids (Kent and Ottawa Counties), Kalamazoo-Battle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East Lansing (Clinton, Eaton, and Ingham Counties), Benzie County, Huron County, and Mason County5/9/06, 5/26/06, and 8/25/065/16/2007
8-hour ozone maintenance planFlint (Genesee and Lapeer Counties), Muskegon (Muskegon County), Benton Harbor (Berrien County), and Cass County6/13/06, 8/25/06, and 11/30/065/16/2007
8-hour ozone maintenance planDetroit-Ann Arbor (Lenawee, Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties)3/6/20096/29/2009
Section 110(a)(2) Infrastructure Requirements for the 1997 8-Hour Ozone NAAQSStatewide12/6/07, 7/19/08, and 4/6/117/13/11, 76 FR 41075This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
Section 110(a)(2) Infrastructure Requirements for the 1997 PM2.5 NAAQSStatewide12/6/07, 7/19/08, and 4/6/117/13/11, 76 FR 41075This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M).
Section 110(a)(2) Infrastructure Requirements for the 2006 24-Hour PM2.5 NAAQSStatewide8/15/2011, 7/9/201210/29/2012, 77 FR 65478This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). We are not taking action on the visibility protection requirements of (D)(i)(II) and the state board requirements of (E)(ii). We will address these requirements in a separate action. We are taking no action on portions of Michigan's infrastructure SIP submission addressing the relevant prevention of significant deterioration requirements of the 2008 NSR Rule (identifying PM2.5 precursors, and the regulation of PM2.5 and PM10 condensables in permits) and the Phase 2 Rule (identification of NOX as a precursor to ozone) with respect to section 110(a)(2)(C), (D)(i)(II), and (J).
1997 Annual Fine Particulate Matter 2005 Base Year Emissions InventoryDetroit-Ann Arbor area (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties)6/13/0811/6/12, 77 FR 66547
Regional Haze PlanStatewide11/5/201012/3/2012, 77 FR 71533Addresses all regional haze plan elements except BART emission limitations for EGUs, St. Marys Cement, Escanaba Paper, and Tilden Mining
1997 Annual PM2.5 Maintenance PlanDetroit-Ann Arbor area (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties)7/05/20118/29/2013, 78 FR 53274
2006 24-Hour PM2.5 Maintenance PlanDetroit-Ann Arbor area (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties)7/05/20118/29/2013, 78 FR 53274
Section 110(a)(2) Infrastructure Requirements for the 2008 lead (Pb) NAAQSStatewide4/3/2012, 8/9/2137/16/2014, 79 FR 41442This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We are not taking action on the state board requirements of (E)(ii). We will address these requirements in a separate action.

[71 FR 52469, Sept. 6, 2006]

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

§52.1171   Classification of regions.

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

Air quality control regionPollutant
Particulate matterSulfur oxidesNitrogen dioxideCarbon monoxideOzone
Metropolitan Detroit-Port Huron IntrastateIIIIIIIIIII
Metropolitan Toledo InterstateIIIIIIIII
South Central Michigan IntrastateIIIIIIIIIIIII
South Bend-Elkhart (Indiana)-Benton Harbor (Michigan) InterstateIIAIIIIIIIII
Central Michigan IntrastateIIIIIIIIIIIIII
Upper Michigan IntrastateIIIIIIIIIIIIIII

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

§52.1172   Approval status.

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

[45 FR 29801, May 6, 1980]

§52.1173   Control strategy: Particulates.

(a) Part D—Disapproval. The following specific revisions to the Michigan Plan are disapproved:

(1) Rule 336.1331, Table 31, Item C: Emission limits for Open Hearth Furnaces, Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast Furnaces, Heating and Reheating Furnaces.

(2) Rules 336.1371 (Fugitive dust control programs other than areas listed in table 36.), 336.1372 (Fugitive dust control programs; required activities; typical control methods.) and 336.1373 (Fugitive dust control programs; areas listed in table 36.) for control of industrial fugitive particulate emissions sources.

(b) Part D—Conditional Approval—The Michigan overall Plan for primary and secondary nonattainment areas is approved provided that the following conditions are satisfied:

(1) The State officially adopts final industrial fugitive regulations that represent RACT for traditional sources and submits these finally effective regulations to USEPA by January 31, 1981.

(2) The State adopts and submits regulations reflecting RACT for Basic Oxygen Furnaces, Electric Arc Furnaces, Sintering Plants, Blast Furnaces and Heating and Reheating Furnaces.

(3) Rule 336.1331, Table 31, Item C: Coke Oven Preheater Equipment Effective After July 1, 1979—The State clarifies the compliance test method to include measurement of the whole train.

(4) Rule 336.1349—The State submits consent orders containing enforceable increments insuring reasonable further progress for each source subject to Rules 336.1350 through 336.1357.

(5) Rule 336.1350—The State adopts and submits an acceptable inspection method for determining compliance with the rule.

(6) Rule 336.1352—The State adopts and submits the following clarifications to the rule: (a) The rule regulates emissions from the receiving car itself during the pushing operation; (b) in the phrase “eight consecutive trips,” “consecutive” is defined as “consecutively observed trips”; (c) the word “trips” is defined as “trips per battery” or “trips per system”; (d) the 40% opacity fugitive emissions limitation refers to an instantaneous reading and not an average; (e) the method of reading opacity is defined.

(7) Rule 336.1353—The State adopts and submits: (a) An acceptable test methodology for determining compliance with the rule; and (b) a clarification that the exception to the visible emission prohibition of 4% of standpipe emission points refers to “operating” ovens.

(8) Rule 336.1356—The State adopts and submits a clarification of the test methodology to determine compliance with the rule.

(9) Rule 336.1357—The State adopts and submits a clarification of the test methodology to determine compliance with the rule.

(10) The State adopts and submits a regulation reflecting RACT for coke battery combustion stacks.

(11) The State adopts and submits an acceptable test method for application of Rule 336.1331, Table 32 to quench towers, or, in the alternative, adopts and submits a limitation reflecting RACT for quench tower emissions based on the quantity of total dissolved solids in the quench water.

(12) The State adopts and submits rules requiring RACT for scarfing emissions.

(13) Part 10 Testing—The State adopts and submits the following clarifications to the test methods: (a) Testing of fugitive emissions from blast furnaces are conducted during the cast; (b) the starting and ending period is specified for basic oxygenfurnaces (for both primary and secondary emissions generating operations), electric arc furnaces and for each of the three emission points at sinter plants.

(14) The State conducts additional particulate studies in the Detroit area by September, 1980.

(c) Disapprovals. EPA disapproves the following specific revisions to the Michigan Plan:

(1) The State submitted Consent Order No. 16-1982 on June 24, 1982, Great Lakes Steel, a Division of the National Steel Corporation as a revision to the Michigan State Implementation Plan. EPA disapproves this revision, because it does not satisfy all the requirements of EPA's proposed Emission Trading Policy Statement of April 7, 1982 (47 FR 15076).

(d) Approval—On April 29, 1988, the State of Michigan submitted a committal SIP for particulate matter with an aerodynamic diameter equal to or less than 10 micrometers (PM10) for Michigan's Group II areas. The Group II areas of concern are in the City of Monroe and an area surrounding the City of Carrollton. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681.

(e) [Reserved]

(f) On July 24, 1995, the Michigan Department of Natural Resources requested the redesignation of Wayne County to attainment of the National Ambient Air Quality Standard for particulate matter. The State's maintenance plan is complete and the redesignation satisfies all of the requirements of the Act.

(g) Approval—On November 29, 1994, the Michigan Department of Natural Resources submitted a revision to the particulate State Implementation Plan for general conformity rules. The general conformity SIP revisions enable the State of Michigan to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans.

(h) Determination of Attainment. EPA has determined, as of November 6, 2012, that based on 2009-2011 ambient air quality data, the Detroit-Ann Arbor nonattainment area has attained the 1997 annual PM2.5 NAAQS. This determination, in accordance with 40 CFR 51.1004(c), suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area continues to meet the 1997 annual PM2.5 NAAQS.

(i) Pursuant to Clean Air Act section 179(c), EPA has determined that the Detroit-Ann Arbor area attained the annual 1997 PM2.5 NAAQS by the applicable attainment date, April 5, 2010.

(j) Approval—The 1997 annual PM2.5 maintenance plans for the Detroit-Ann Arbor nonattainment area (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties), has been approved as submitted on July 5, 2011. The maintenance plan establishes 2023 motor vehicle emissions budgets for the Detroit-Ann Arbor area of 4,360 tpy for primary PM2.5 and 119,194 tpy for NOX.

(k) Approval—The 2006 24-Hour PM2.5 maintenance plans for the Detroit-Ann Arbor nonattainment area (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties), has been approved as submitted on July 5, 2011. The maintenance plan establishes 2023 motor vehicle emissions budgets for the Detroit-Ann Arbor area of 16 tpd for primary PM2.5 and 365 tpd for NOX.

[46 FR 27931, May 22, 1981, as amended at 49 FR 11834, Mar. 28, 1984; 50 FR 33540, Aug. 20, 1985; 55 FR 17752, Apr. 27, 1990; 61 FR 40519, Aug. 5, 1996; 61 FR 66609, Dec. 18, 1996; 77 FR 66547, Nov. 6, 2012; 78 FR 53274, Aug. 29, 2013]

§52.1174   Control strategy: Ozone.

(a) Part D—Conditional Approval—Michigan Rules 336.1603 and 336.1606 are approved provided that the following conditions are satisfied:

(1) Rule 336.1606—The State either promulgates a rule with a 120,000 gallon per year throughput exemption for gasoline dispensing facilities for sources located in Wayne, Macomb and Oakland Counties. The State must either submit the rule to USEPA or demonstrate that the allowable emissions resulting from the application of its existing rule with 250,000 gallon per year throughput exemption for gasoline dispensing facilities are less than five percent greater than the allowable emissions resulting from the application of the CTG presumptive norm. The State must comply with this condition by May 6, 1981, and any necessary regulations must be finally promulgated by the State and submitted to USEPA by September 30, 1981.

(b) Approval—On November 16, 1992, the Michigan Department of Natural Resources submitted Natural Resources Commission Rule 336.202 (Rule 2), Sections 5 and 14a of the 1965 Air Pollution Act 348, and the 1991 Michigan Air Pollution Reporting Forms, Reference Tables, and General Instructions as the States emission statement program. Natural Resources Commission Rule 336.202 (Rule 2) became effective November 11, 1986. Section 5 and 14a of the 1965 Air Pollution Act 348 became effective July 23, 1965. These rules have been incorporated by reference at 40 CFR 52.1170(c)(93). On October 25, 1993, the State submitted the 1993 Michigan Air Pollution Reporting Forms, Reference Tables, and General Instructions, along with an implementation strategy for the State's emission statement program.

(c)(1) Approval—On January 5, 1993, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan (SIP) for the 1990 base year inventory. The inventory was submitted by the State of Michigan to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990 (the Act), as a revision to the ozone SIP for the Grand Rapids and Muskegon areas in Michigan designated nonattainment, classified as moderate. These areas include counties of Muskegon, and the two county Grand Rapids area (which are the counties of Kent and Ottawa).

(2) Approval—On November 12, 1993, the Michigan Department of Natural Resources submitted a petition for exemption from the oxides of nitrogen requirements of the Clean Air Act for the Detroit-Ann Arbor ozone nonattainment area. The submittal pertained to the exemption from the oxides of nitrogen requirements for conformity, inspection and maintenance, reasonably available control technology, and new source review. These are required by sections 176(c), 182(b)(4), and 182(f) of the 1990 amended Clean Air Act, respectively.

(d) In a letter addressed to David Kee, EPA, dated March 30, 1994, Dennis M. Drake, State of Michigan, stated:

(1) Michigan has not developed RACT regulations for the following industrial source categories, which have been addressed in Control Techniques Guidance (CTG) documents published prior to the Clean Air Act Amendments of 1990, because no affected sources are located in the moderate nonattainment counties:

(i) Large petroleum dry cleaners;

(ii) SOCMI air oxidation processes;

(iii) High-density polyethylene and polypropylene resin manufacturing; and

(iv) Pneumatic rubber tire manufacturing.

(2) (Reserved)

(e) Approval—On July 1, 1994, the Michigan Department of Natural Resources submitted a petition for exemption from the oxides of nitrogen requirements of the Clean Air Act for the East Lansing ozone nonattainment area. The submittal pertained to the exemption from the oxides of nitrogen requirements for conformity and new source review. Theses are required by sections 176(c) and 182(f) of the 1990 amended Clean Air Act, respectively. If a violation of the ozone standard occurs in the East Lansing ozone nonattainment area, the exemption shall no longer apply.

(f) Approval—On July 8, 1994, the Michigan Department of Natural Resources submitted a petition for exemption from the oxides of nitrogen requirements of the Clean Air Act for the Genesee County ozone nonattainment area. The submittal pertained to the exemption from the oxides of nitrogen requirements for conformity and new source review. These are required by sections 176(c) and 182(f) of the 1990 amended Clean Air Act, respectively. If a violation of the ozone standard occurs in the Genesee County ozone nonattainment area, the exemption shall no longer apply.

(g) [Reserved]

(h) Approval—On January 5, 1993, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan for the 1990 base year emission inventory. The inventory was submitted by the State of Michigan to satisfy Federal requirements under section 182(a)(1) of the Clean Air Act as amended in 1990, as a revision to the ozone State Implementation Plan for the Detroit-Ann Arbor moderate ozone nonattainment area. This area includes Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties.

(i) Approval—On November 12, 1993, the Michigan Department of Natural Resources submitted a request to redesignate the Detroit-Ann Arbor (consisting of Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties) ozone nonattainment area to attainment for ozone. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a base year (1993 attainment year) emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories (including interim years) to the year 2005 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the ozone NAAQS (which must be confirmed by the State), Michigan will implement one or more appropriate contingency measure(s) which are contained in the contingency plan. Appropriateness of a contingency measure will be determined by an urban airshed modeling analysis. The Governor or his designee will select the contingency measure(s) to be implemented based on the analysis and the MDNR's recommendation. The menu of contingency measures includes basic motor vehicle inspection and maintenance program upgrades, Stage I vapor recovery expansion, Stage II vapor recovery, intensified RACT for degreasing operations, NOX RACT, and RVP reduction to 7.8 psi. The redesignation request and maintenance plan meet the redesignation requirements in sections 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Michigan Ozone State Implementation Plan for the above mentioned counties.

(j) [Reserved]

(k) Determination—USEPA is determining that, as of July 20, 1995, the Grand Rapids and Muskegon ozone nonattainment areas have attained the ozone standard and that the reasonable further progress and attainment demonstration requirements of section 182(b)(1) and related requirements of section 172(c)(9) of the Clean Air Act do not apply to the areas for so long as the areas do not monitor any violations of the ozone standard. If a violation of the ozone NAAQS is monitored in either the Grand Rapids or Muskegon ozone nonattainment area, the determination shall no longer apply for the area that experiences the violation.

(l) Approval—EPA is approving the section 182(f) oxides of nitrogen (NOX) reasonably available control technology (RACT), new source review (NSR), vehicle inspection/maintenance (I/M), and general conformity exemptions for the Grand Rapids (Kent and Ottawa Counties) and Muskegon (Muskegon County) moderate nonattainment areas as requested by the States of Illinois, Indiana, Michigan, and Wisconsin in a July 13, 1994 submittal. This approval also covers the exemption of NOX transportation and general conformity requirements of section 176(c) for the Counties of Allegan, Barry, Bay, Berrien, Branch, Calhoun, Cass, Clinton, Eaton, Gratiot, Genesee, Hillsdale, Ingham, Ionia, Jackson, Kalamazoo, Lenawee, Midland, Montcalm, St. Joseph, Saginaw, Shiawasse, and Van Buren.

(m) Approval—On November 24, 1994, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan. The submittal pertained to a plan for the implementation and enforcement of the Federal transportation conformity requirements at the State or local level in accordance with 40 CFR part 51, subpart T—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the Federal Transit Act.

(n) Approval—On November 29, 1994, the Michigan Department of Natural Resources submitted a revision to the ozone State Implementation Plan for general conformity rules. The general conformity SIP revisions enable the State of Michigan to implement and enforce the Federal general conformity requirements in the nonattainment or maintenance areas at the State or local level in accordance with 40 CFR part 93, subpart B—Determining Conformity of General Federal Actions to State or Federal Implementation Plans.

(o) Approval—On March 9, 1996, the Michigan Department of Environmental Quality submitted a request to redesignate the Grand Rapids ozone nonattainment area (consisting of Kent and Ottawa Counties) to attainment for ozone. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include an attainment emission inventory for NOX and VOC, a demonstration of maintenance of the ozone NAAQS with projected emission inventories to the year 2007 for NOX and VOC, a plan to verify continued attainment, a contingency plan, and a commitment to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If a violation of the ozone NAAQS, determined not to be attributable to transport from upwind areas, is monitored, Michigan will implement one or more appropriate contingency measure(s) contained in the contingency plan. Once a violation of the ozone NAAQS is recorded, the State will notify EPA, review the data for quality assurance, and conduct a technical analysis, including an analysis of meteorological conditions leading up to and during the exceedances contributing to the violation, to determine local culpability. This preliminary analysis will be submitted to EPA and subjected to public review and comment. The State will solicit and consider EPA's technical advice and analysis before making a final determination on the cause of the violation. The Governor or his designee will select the contingency measure(s) to be implemented within 6 months of a monitored violation attributable to ozone and ozone precursors from the Grand Rapids area. The menu of contingency measures includes a motor vehicle inspection and maintenance program, Stage II vapor recovery, RVP reduction to 7.8 psi, RACT on major non-CTG VOC sources in the categories of coating of plastics, coating of wood furniture, and industrial cleaning solvents. The redesignation request and maintenance plan meet the redesignation requirements in section 107(d)(3)(E) and 175A of the Act as amended in 1990, respectively. The redesignation meets the Federal requirements of section 182(a)(1) of the Clean Air Act as a revision to the Michigan Ozone State Implementation Plan for the above mentioned counties.

(p) Approval—On November 22, 1995 the Michigan Department of Natural Resources submitted a petition for exemption from transportation conformity requirements for the Muskegon ozone nonattainment area. This approval exempts the Muskegon ozone nonattainment area from transportation conformity requirements under section 182(b)(1) of the Clean Air Act. If a violation of the ozone standard occurs in the Muskegon County ozone nonattainment area, the exemption shall no longer apply.

(q) Correction of approved plan—Michigan air quality Administrative Rule, R336.1901 (Rule 901)—Air Contaminant or Water Vapor, has been removed from the approved plan pursuant to section 110(k)(6) of the Clean Air Act (as amended in 1990).

(r) Approval—On March 9, 1995, the Michigan Department of Environmental Quality submitted a request to redesignate the Muskegon County ozone nonattainment area to attainment. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the 1-hour ozone NAAQS, determined not to be attributable to transport from upwind areas, Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes a motor vehicle inspection and maintenance program, stage II vapor recovery, a low Reid vapor pressure gasoline program, and rules for industrial cleanup solvents, plastic parts coating, and wood furniture coating.

(s) Approval—On May 9, 2000, the State of Michigan submitted a revision to the Michigan State Implementation Plan for ozone containing a section 175A maintenance plan for the Flint and Saginaw-Midland-Bay City areas as part of Michigan's request to redesignate the areas from nonattainment to attainment for ozone. Elements of the section 175A maintenance plan include a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If monitors in any of these areas record a violation of the ozone NAAQS (which must be confirmed by the State), Michigan will adopt, submit to EPA, and implement one or more appropriate contingency measure(s) which are in the contingency plan and will submit a full maintenance plan under section 175A of the Clean Air Act. The menu of contingency measures includes a low Reid vapor pressure gasoline program, stage I gasoline vapor recovery, and rules for industrial cleanup solvents, plastic parts coating, and wood furniture coating.

(t) Approval—On March 9, 1995, the Michigan Department of Environmental Quality submitted a request to redesignate the Allegan County ozone nonattainment area to attainment. As part of the redesignation request, the State submitted a maintenance plan as required by 175A of the Clean Air Act, as amended in 1990. Elements of the section 175A maintenance plan include a contingency plan, and an obligation to submit a subsequent maintenance plan revision in 8 years as required by the Clean Air Act. If the area records a violation of the 1-hour ozone NAAQS, determined not to be attributable to transport from upwind areas, Michigan will implement one or more appropriate contingency measure(s) which are in the contingency plan. The menu of contingency measures includes rules for plastic parts coating, wood furniture coating, and gasoline loading (Stage I vapor recovery).

(u) Approval—On March 22, 2001, Michigan submitted a revision to the ozone maintenance plan for the Muskegon County area. The revision consists of allocating a portion of the Muskegon County area's Volatile Organic Compounds (VOC) and Oxides of Nitrogen (NOX) safety margin to the transportation conformity Motor Vehicle Emission Budget (MVEB). The MVEB for transportation conformity purposes for the Muskegon County area are now: 8.5 tons per day of VOC emissions and 10.2 tons per day of NOX emissions for the year 2010. This approval only changes the VOC and NOX transportation conformity MVEB for Muskegon County.

(v) Approval—On December 19, 2003, Michigan submitted an update to the Section 175(A) maintenance plan for the Southeast Michigan 1-hour ozone maintenance area, which consists of Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne counties. This update addresses the second 10-year period of maintenance of the ozone standard in Southeast Michigan, which spans the years 2005 through 2015. The maintenance plan also revises the Motor Vehicle Emissions Budget (MVEB). For the year 2005, the MVEB for VOC is 218.1 tons per day (tpd), and the MVEB for NOX is 412.9 tpd. For the year 2015, the MVEB for VOC is 172.8 tpd, and the MVEB for NOX is 412.9 tpd.

(w) Approval—On June 17, 2005, the Michigan Department of Environmental Quality submitted a petition requesting the exemption from Clean Air Act oxides of nitrogen control requirements in six 8-hour ozone nonattainment areas. The Grand Rapids, Kalamazoo/Battle Creek, Lansing/East Lansing, Benzie County, Huron County, and Mason County nonattainment areas each receive an exemption. Section 182(f) of the 1990 amended Clean Air Act authorizes the exceptions. The exemption will no longer apply in an area if it experiences a violation of the 8-hour ozone standard.

(x) Approval—On May 9, 2006, Michigan submitted requests to redesignate the Grand Rapids (Kent and Ottawa Counties), Kalamazoo-Battle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East Lansing (Clinton, Eaton, and Ingham Counties), Benzie County, Huron County, and Mason County areas to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The State supplemented its redesignation requests on May 26, 2006, and August 25, 2006. As part of its redesignation requests, the State submitted maintenance plans as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit subsequent maintenance plan revisions in 8 years as required by the Clean Air Act. If monitors in any of these areas record a violation of the 8-hour ozone NAAQS, Michigan will adopt and implement one or more contingency measures. The list of possible contingency measures includes: Lower Reid vapor pressure gasoline requirements; reduced volatile organic compound (VOC) content in architectural, industrial, and maintenance coatings rule; auto body refinisher self-certification audit program; reduced VOC degreasing rule; transit improvements; diesel retrofit program; reduced VOC content in commercial and consumer products rule; and a program to reduce idling. Also included in the Michigan's submittal were motor vehicle emission budgets (MVEBs) for use to determine transportation conformity in the areas. For the Grand Rapids area, the 2018 MVEBs are 40.70 tpd for VOC and 97.87 tpd for oxides of nitrogen (NOX). For the Kalamazoo-Battle Creek area, the 2018 MVEBs are 29.67 tpd for VOC and 54.36 tpd for NOX. For the Lansing-East Lansing area, the 2018 MVEBs are 28.32 tpd for VOC and 53.07 tpd for NOX. For the Benzie County area, the 2018 MVEBs are 2.24 tpd for VOC and 1.99 tpd for NOX. For the Huron County area, the 2018 MVEBs are 2.34 tpd for VOC and 7.53 tpd for NOX. For the Mason County area, the 2018 MVEBs are 1.81 tpd for VOC and 2.99 tpd for NOX.

(y) Approval—On June 13, 2006, Michigan submitted requests to redesignate the Flint (Genesee and Lapeer Counties), Muskegon (Muskegon County), Benton Harbor (Berrien County), and Cass County areas to attainment of the 8-hour ozone National Ambient Air Quality Standard (NAAQS). The State supplemented its redesignation requests on August 25, 2006, and November 30, 2006. As part of its redesignation requests, the State submitted maintenance plans as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit subsequent maintenance plan revisions in 8 years as required by the Clean Air Act. If monitors in any of these areas record a violation of the 8-hour ozone NAAQS, Michigan will adopt and implement one or more contingency measures. The list of possible contingency measures includes: Lower Reid vapor pressure gasoline requirements; reduced volatile organic compound (VOC) content in architectural, industrial, and maintenance coatings rule; auto body refinisher self-certification audit program; reduced VOC degreasing rule; transit improvements; diesel retrofit program; reduced VOC content in commercial and consumer products rule; and a program to reduce idling. Also included in the Michigan's submittal were motor vehicle emission budgets (MVEBs) for use to determine transportation conformity in the areas. For the Flint area, the 2018 MVEBs are 25.68 tpd for VOC and 37.99 tpd for oxides of nitrogen (NOX). For the Muskegon area, the 2018 MVEBs are 6.67 tpd for VOC and 11.00 tpd for NOX. For the Benton Harbor area, the 2018 MVEBs are 9.16 tpd for VOC and 15.19 tpd for NOX. For the Cass County area, the 2018 MVEBs are 2.76 tpd for VOC and 3.40 tpd for NOX.

(z) Approval—On March 6, 2009, Michigan submitted a request to redesignate the Detroit-Ann Arbor area (Lenawee, Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) to attainment of the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). As part of its redesignation requests, the State submitted a maintenance plan as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit subsequent maintenance plan revisions in 8 years as required by the Clean Air Act. If monitors in any of these areas record a violation of the 8-hour ozone NAAQS, Michigan will adopt and implement one or more contingency measures. The list of possible contingency measures includes: Reduced VOC content in architectural, industrial, and maintenance (AIM) coatings rule; auto body refinisher self-certification audit program; reduced VOC degreasing/solvent cleaning rule; diesel retrofit program; reduced idling program; portable fuel container replacement rule; and, food preparation flame broiler control rule. Also included in the Michigan's submittal were a 2005 base year emissions inventory and motor vehicle emission budgets (MVEBs) for use to determine transportation conformity in the area. For the Detroit-Ann Arbor area, Michigan has established separate MVEBS for the Southeast Michigan Council of Governments (SEMCOG) region (Livingston, Macomb, Monroe, Oakland, St. Clair, Washtenaw, and Wayne Counties) and for Lenawee County. MDEQ has determined the 2020 MVEBs for the SEMCOG region to be 106 tons per day for VOC and 274 tpd for NOX. MDEQ has determined the 2020 MVEBs for Lenawee County to be 2.1 tpd for VOC and 4.4 tpd for NOX.

[45 FR 58528, Sept. 4, 1980]

Editorial Note: For Federal Register citations affecting §52.1174, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

§52.1175   Compliance schedules.

(a) The requirements of §51.15(a)(2) of this chapter as of May 31, 1972, (36 FR 22398) are not met since Rule 336.49 of the Michigan Air Pollution Control Commission provides for individual compliance schedules to be submitted to the State Agency by January 1, 1974. This would not be in time for submittal to the Environmental Protection Agency with the first semiannual report.

(b) [Reserved]

(c) The requirements of §51.262(a) of this chapter are not met since compliance schedules with adequate increments of progress have not been submitted for every source for which they are required.

(d) Federal compliance schedules. (1) Except as provided in paragraph (d)(3) of this section, the owner or operator of any stationary source subject to the following emission-limiting regulations in the Michigan implementation plan shall comply with the applicable compliance schedule in paragraph (d)(2) of this section: Air Pollution Control Commission, Department of Public Health, Michigan Rule 336.49.

(2) Compliance schedules. (i) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to Rule 336.49 and located in the Central Michigan Intrastate AQCR, South Bend-Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR (as defined in part 81 of this title) shall notify the Administrator, no later than October 1, 1973, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to comply with the limitations effective July 1, 1975, in Table 3 or Table 4 of Rule 336.49.

(ii) Any owner or operator of a stationary source subject to paragraph (d)(2)(i) of this section who elects to utilize low-sulfur fuel shall take the following actions with respect to the source no later than the dates specified.

(a) November 1, 1973—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with Table 3 of Rule 336.49 on July 1, 1975, and for at least one year thereafter.

(b) December 31, 1973—Sign contracts with fuel suppliers for projected fuel requirements.

(c) January 31, 1974—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications.

(d) March 15, 1974—Let contracts for necessary boiler modifications, if applicable.

(e) June 15, 1974—Initiate onsite modifications, if applicable.

(f) March 31, 1975—Complete onsite modifications, if applicable.

(g) July 1, 1975—Achieve final compliance with the applicable July 1, 1975, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.

(iii) Any owner or operator of a stationary source subject to paragraph (d)(2)(i) of this section who elects to utilize stack gas desulfurization shall take the following actions with respect to the source no later than the dates specified.

(a) November 1, 1973—Let necessary contracts for construction.

(b) March 1, 1974—Initiate onsite construction.

(c) March 31, 1975—Complete onsite construction.

(d) July 1, 1975—Achieve final compliance with the applicable July 1, 1975, emission limitation listed in Table 4 of Rule 336.49.

(e) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.

(iv) The owner or operator of any boiler or furnace of more than 250 million Btu per hour heat input subject to Rule 336.49 and located in the Central Michigan Intrastate AQCR. South Bend-Elkhart-Benton Harbor Interstate AQCR, or Upper Michigan Intrastate AQCR shall notify the Administrator, no later than January 31, 1974, of his intent to utilize either low-sulfur fuel or stack gas desulfurization to comply with the limitation effective July 1, 1978, in Table 3 or Table 4 of Rule 336.49.

(v) Any owner or operator of a stationary source subject to paragraph (d)(2)(iv) of this section who elects to utilize low-sulfur fuel shall take the following actions with respect to the source no later than the dates specified.

(a) October 15, 1976—Submit to the Administrator a projection of the amount of fuel, by types, that will be substantially adequate to enable compliance with Table 3 of Rule 336.49 on July 1, 1978, and for at least one year thereafter.

(b) December 31, 1976—Sign contracts with fuel suppliers for projected fuel requirements.

(c) January 31, 1977—Submit a statement as to whether boiler modifications will be required. If modifications will be required, submit plans for such modifications.

(d) March 15, 1977—Let contracts for necessary boiler modifications, if applicable.

(e) June 15, 1977—Initiate onsite modifications, if applicable.

(f) March 31, 1978—Complete onsite modifications, if applicable.

(g) July 1, 1978—Achieve final compliance with the applicable July 1, 1978, sulfur-in-fuel limitation listed in Table 3 of Rule 336.49.

(vi) Any owner or operator of a stationary source subject to paragraph (d)(2)(iv) of this section who elects to utilize stack gas desulfurization shall take the following actions with regard to the source no later than the dates specified.

(a) November 1, 1976—Let necessary contracts for construction.

(b) March 1, 1977—Initiate onsite construction.

(c) March 31, 1978—Complete onsite construction.

(d) July 1, 1978—Achieve final compliance with the applicable July 1, 1978, mission limitation listed in Table 4 of Rule 336.49.

(e) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1978. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.

(vii) Any owner or operator subject to a compliance schedule above shall certify to the Administrator, within five days after the deadline for each increment of progress in that schedule, whether or not the increment has been met.

(3)(i) Paragraphs (d) (1) and (2) of this section shall not apply to a source which is presently in compliance with Table 3 or Table 4 of Rule 336.49 and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification.

(ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected source.

(iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.

(4) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of the compliance schedule in paragraph (d)(2) of this section fails to satisfy the requirements of §§51.261 and 51.262(a) of this chapter.

(e) The compliance schedules for the sources identified below are approved as meeting the requirements of §51.104 and subpart N of this chapter. All regulations cited are air pollution control regulations of the State, unless otherwise noted.

Michigan

[See footnotes at end of table]

SourceLocationRegulations involvedDate schedule adoptedFinal compliance date
berrien county
Conoco, Inc.BerrienR336.1603, R336.1609Sept. 26, 1981Dec. 31, 1982.
calhoun county
Clark Oil and Refining CorpCalhounR336.1603 R336.1609May 14, 1982Dec. 31, 1982.
charlevoix county
Northern Michigan Electric Cooperative Advance Steam PlantBoyne City336.1401 (336.49)Jan. 10, 1980Jan. 1, 1985.
genesee county
Buick Motor DivisionCity of FlintR336.1301May 5, 1980Dec. 31, 1982.
GM Warehousing Dist. Div. Boilers 1 and 2GeneseeR336.1331Dec. 31, 1981Oct. 15, 1983.
GM Warehousing Dist. Div. Boilers 3 and 4......doR336.1331Dec. 1, 1981Oct. 15, 1981.
macomb county
New Haven FoundryMacomb CountyR336.1301, R336.1331, R336.1901Aug. 14, 1980June 30, 1985.
midland county
Dow ChemicalMidlandR336.1301 and R336.1331July 21, 1982Dec. 31, 1985.
monroe county
Detroit Edison (Monroe plant)Monroe336.49July 7, 1977Jan. 1, 1985.
Dundee Cement CompanyDundee336.41, 44
(336.1301, 336.1331)
Oct. 17, 1979Dec. 31, 1983.
Union CampMonroe336.1401
(336.49)
Jan. 3, 1980Jan. 1, 1985.
muskegon county
Consumers Power Company (B. C. Cobb)Muskegon336.1401
(336.49)
Dec. 10, 1979Jan. 1, 1985.
S. D. Warren CoMuskegon336.49 (336.1401)Oct. 31, 1979Nov. 1, 1984.
Marathon Oil......do336.1603July 31, 1981Dec. 31, 1982.
saginaw county
Grey Iron Casting and Nodular Iron Casting PlantsSaginawR336.1301Apr. 16, 1980Dec. 31, 1982.
wayne county
Boulevard Heating PlantWayneR336.1331Apr. 28, 1981Dec. 31, 1982.

Footnotes:

1For the attainment of the primary standard.

2For the attainment of the secondary standard.

3For the maintenance of the secondary standard.

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

Michigan

SourceLocationRegulation involvedDate schedule adopted
bay county
Consumer Power (Karn Plant)Essexville336.44Sept. 18, 1973.
ottawa county
Consumer Power Co. (Campbell Plant Units 1, 2)West Olive336.44Sept. 18, 1973.

[37 FR 10873, May 31, 1972]

Editorial Note: For Federal Register citations affecting §52.1175, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

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

§§52.1177-52.1178   [Reserved]

§52.1179   Control strategy: Carbon monoxide.

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

(b) Approval—On December 19, 2003, Michigan submitted a request to revise its plan for the Southeast Michigan CO maintenance area (consisting of portions of Wayne, Oakland and Macomb Counties). The submittal contains updated emission inventories for 1996 and 2010, and an update to the 2010 motor vehicle emissions budget (MVEB). The 2010 MVEB is 3,842.9 tons of CO per day.

[70 FR 4023, Jan. 28, 2005]

§52.1180   Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

(b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Michigan.

(c) All applications and other information required pursuant to §52.21 of this part from sources located in the State of Michigan shall be submitted to the state agency, Michigan Department of Natural Resources and Environment, Air Quality Division, P.O. Box 30028, Lansing, Michigan 48909, rather than to EPA's Region 5 office.

[45 FR 8299, Feb. 7, 1980; 45 FR 52741, Aug. 7, 1980, as amended at 68 FR 11323, Mar. 10, 2003; 68 FR 74489, Dec. 24, 2003; 75 FR 55275, Sept. 10, 2010]

§52.1181   Interstate pollution.

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

[46 FR 30084, June 5, 1981]

§52.1182   State boards.

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

[46 FR 30084, June 5, 1981]

§52.1183   Visibility protection.

(a) Reasonably Attributable Visibility Impairment. The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable measures for meeting the requirements of 40 CFR 51.302, 51.305, and 51.307 for protection of visibility in mandatory Class I Federal areas.

(b) Regulation for visibility monitoring and new source review. The provisions of §§52.26 and 52.28 are hereby incorporated and made a part of the applicable plan for the State of Michigan.

(c) Long-term strategy. The provisions of §52.29 are hereby incorporated and made part of the applicable plan for the State of Michigan.

(d) Regional Haze. The requirements of section 169A of the Clean Air Act are not met because the regional haze plan submitted by Michigan on November 5, 2010, does not include fully approvable measures for meeting the requirements of 40 CFR 51.308(d)(3) and 51.308(e) with respect to emissions of NOX and SO2 from electric generating units. EPA has given limited approval and limited disapproval to the plan provisions addressing these requirements.

(e) Measures Addressing Limited Disapproval Associated With NOX. The deficiencies associated with NOX identified in EPA's limited disapproval of the regional haze plan submitted by Michigan on November 5, 2010, are satisfied by §52.1186.

(f) Measures Addressing Limited Disapproval Associated With SO2. The deficiencies associated with SO2 identified in EPA's limited disapproval of the regional haze plan submitted by Michigan on November 5, 2010, are satisfied by §52.1187.

(g) The requirements of section 169A of the Clean Air Act are not met because the regional haze plan submitted on November 5, 2010, does not meet the best available retrofit technology requirements of 40 CFR 51.308(e) with respect to emissions of NOX and SO2 from Saint Marys Cement in Charlevoix and NOX from Escanaba Paper Company in Escanaba. These requirements for these two facilities are satisfied by 40 CFR 52.1183(h) and 40 CFR 52.1183(i), respectively.

(h)(1) For the 30-day period beginning January 1, 2017, and thereafter, Saint Marys Cement, or any subsequent owner or operator of the Saint Marys Cement facility located in Charlevoix, Michigan, shall not cause or permit the emission of oxides of nitrogen (expressed as NO2) to exceed 2.80 lb per ton of clinker as a 30-day rolling average.

(2) For the 12-month period beginning January 1, 2017, and thereafter, Saint Marys Cement, or any subsequent owner or operator of the Saint Marys Cement facility located in Charlevoix, Michigan, shall not cause or permit the emission of NOX (expressed as NO2) to exceed 2.40 lb per ton of clinker as a 12-month average.

(3) Saint Marys Cement, or any subsequent owner or operator of the Saint Marys Cement facility located in Charlevoix, Michigan, shall not cause or permit the emission of SO2 to exceed 7.50 lb per ton of clinker as a 12-month average.

(4) Saint Marys Cement, or any subsequent owner or operator of the Saint Marys Cement facility located in Charlevoix, Michigan, shall operate continuous emission monitoring systems to measure NOX and SO2 emissions from its kiln system in conformance with 40 CFR part 60 appendix F procedure 1.

(5) The reference test method for assessing compliance with the limit in paragraph (h)(1) of this section shall be use of a continuous emission monitoring system operated in conformance with 40 CFR part 60, appendix F, procedure 1. A new 30-day average shall be computed at the end of each calendar day in which the kiln operates, based on the following procedure: First, sum the total pounds of NOX (expressed as NO2) emitted during the operating day and the previous twenty-nine operating days, second, sum the total tons of clinker produced during the same period, and third, divide the total number of pounds by the total clinker produced during the thirty operating days.

(6) The reference test method for assessing compliance with the limit in paragraphs (h)(2) and (h)(3) of this section shall be use of a continuous emission monitoring system operated in conformance with 40 CFR part 60, appendix F, procedure 1. A new 12-month average shall be computed at the end of each calendar month, based on the following procedure: First, sum the total pounds of NOX or SO2, as applicable, emitted from the unit during the month and the previous eleven calendar months, second, sum the total tons of clinker production during the same period, and third, divide the total number of pounds of emissions of NOX or SO2, as applicable, by the total clinker production during the twelve calendar months.

(7) Recordkeeping. The owner/operator shall maintain the following records for at least five years:

(i) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.

(ii) All records of clinker production, which shall be monitored in accordance with 40 CFR 60.63.

(iii) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records required by 40 CFR part 60, appendix F, Procedure 1.

(iv) Records of all major maintenance activities conducted on emission units, air pollution control equipment, CEMS and clinker production measurement devices.

(v) Any other records required by 40 CFR part 60, subpart F, or 40 CFR part 60, appendix F, procedure 1.

(8) Reporting. All reports under this section shall be submitted to Chief, Air Enforcement and Compliance Assurance Branch, U.S. Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W. Jackson Blvd., Chicago, IL 60604-3590.

(i) The owner/operator shall submit quarterly excess emissions reports for SO2 and NOX BART limits no later than the 30th day following the end of each calendar quarter. Excess emissions means emissions that exceed the emissions limits specified in paragraph (h)(1), (h)(2), and (h)(3) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted.

(ii) Owner/operator of each unit shall submit quarterly CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.

(iii) The owner/operator shall also submit results of any CEMS performance tests required by 40 CFR part 60, appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).

(iv) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, such information shall be stated in the quarterly reports required by paragraphs (h)(7)(i) and (ii) of this section.

(i) Escanaba Paper Company, or any subsequent owner or operator of the Escanaba Paper Company facility in Escanaba, Michigan, shall meet the following requirements and shall not cause or permit the emission of NOX (expressed as NOX) to exceed the following limits:

(1) For Boiler 8, designated as EU8B13, a rolling 30-day average limit of 0.35 lb per MMBTU.

(2) A continuous emission monitoring system shall be operated to measure NOX emissions from Boiler 8 in conformance with 40 CFR part 60, appendix F.

(3) The reference test method for assessing compliance with the limit in paragraph (i)(1) of this section shall be a continuous emission monitoring system operated in conformance with 40 CFR part 60, appendix F. A new 30-day average shall be computed at the end of each calendar day in which the boiler operated, based on the following procedure: first, sum the total pounds of NOX emitted from the unit during the operating day and the previous twenty-nine operating days, second sum the total heat input to the unit in MMBTU during the same period, and third, divide the total number of pounds of NOX emitted by the total heat input during the thirty operating days.

(4) For Boiler 9, also identified as EU9B03, a limit of 0.27 lb per MMBTU.

(5) The reference test method for assessing compliance with the limit in paragraph (i)(4) of this section shall be a test conducted in accordance with 40 CFR part 60, appendix A, Method 7.

(6) Recordkeeping. The owner/operator shall maintain the following records regarding Boiler 8 and Boiler 9 for at least five years:

(i) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.

(ii) All stack test results.

(iii) Daily records of fuel usage, heat input, and data used to determine heat content.

(iv) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records required by 40 CFR part 60, appendix F, Procedure 1.

(v) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.

(vi) Any other records identified in 40 CFR 60.49b(g) or 40 CFR part 60, appendix F, Procedure 1.

(7) Reporting. All reports under this section shall be submitted to the Chief, Air Enforcement and Compliance Assurance Branch, U.S. Environmental Protection Agency, Region 5, Mail Code AE-17J, 77 W. Jackson Blvd., Chicago, IL 60604-3590.

(i) Owner/operator of Boiler 8 shall submit quarterly excess emissions reports for the limit in paragraph (i)(1) no later than the 30th day following the end of each calendar quarter. Excess emissions means emissions that exceed the emissions limit specified in paragraph (i)(1) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted.

(ii) Owner/operator of Boiler 8 shall submit quarterly CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks or when Boiler 8 is not operating), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.

(iii) Owner/operator of Boiler 8 shall also submit results of any CEMS performance tests required by 40 CFR part 60, appendix F, procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).

(iv) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, such information shall be stated in the quarterly reports required by paragraph (i)(7) of this section.

(v) Owner/operator of Boiler 9 shall submit reports of any compliance test measuring NOX emissions from Boiler 9 within 60 days of the last day of the test. If owner/operator commences operation of a continuous NOX emission monitoring system for Boiler 9, owner/operator shall submit reports for Boiler 9 as specified for Boiler 8 in paragraphs (i)(7)(i) to (i)(7)(iv) of this section.

(j) [Reserved]

(k) Tilden Mining Company, or any subsequent owner/operator of the Tilden Mining Company facility in Ishpeming, Michigan, shall meet the following requirements:

(1) NOX Emission Limits. An emission limit of 1.5 lbs NOX/MMBtu, based on a 30-day rolling average, shall apply to the indurating furnace, Grate Kiln Line 1 (EUKILN1), beginning 26 months from March 8, 2013. However, for any 30, or more, consecutive days when only natural gas is used a limit of 1.2 lbs NOX/MMBtu, based on a 30-day rolling average, shall apply.

(2) SO2 Emission Limits. A fuel sulfur content limit of no greater than 1.20 percent sulfur content by weight shall apply to fuel combusted in Process Boiler #1 (EUBOILER1) and Process Boiler #2 (EUBOILER2) beginning 3 months from March 8, 2013. A fuel sulfur content limit of no greater than 1.50 percent sulfur content by weight shall apply to fuel combusted in the Line 1 Dryer (EUDRYER1) beginning 3 months from March 8, 2013. The sampling and calculation methodology for determining the sulfur content of fuel must be described in the monitoring plan required at paragraph (n)(8)(x) of this section.

(3) The owner or operator of the facility must switch Grate Kiln Line 1 (EUKILN1) to 100 percent natural gas beginning 1 year from March 8, 2013. For the purposes of CEMS requirements, the compliance date by which the CEMS must be installed and operated for Tilden is one year from March 8, 2013. Within 26 months of March 8, 2013, the owner or operator must calculate and comply with an SO2 limit based on one year of hourly CEMS emissions data reported in lbs SO2/hr and submit such limit, calculations and CEMS data to EPA. This limit shall be calculated in terms of lbs SO2/hr, based on the following equations, with compliance to be determined on a 30-day rolling average.

m − (n + 1) * α

m = the rank of the ordered data point, when data is sorted smallest to largest

n = number of data points

α = 0.95, to reflect the 95th percentile

If m is a whole number, then the limit, UPL, shall be computed as:

UPL = Xm,

Where:

xm − value of the mth data point in terms of lbs SO2/hr, when the data is sorted smallest to largest

If m is not a whole number, the limit shall be computed by linear interpolation according to the following equation.

eCFR graphic er06fe13.003.gif

View or download PDF

Where:

mt = the integer portion of m, i.e., m truncated at zero decimal places, and

md = the decimal portion of m

(4) Starting 26 months from March 8, 2013, records shall be kept for any day during which fuel oil is burned as fuel (either alone or blended with other fuels) in Grate Kiln Line 1. These records must include, at a minimum, the gallons of fuel oil burned per hour, the sulfur content of the fuel oil, and the SO2 emissions in pounds per hour.

(5) Starting 26 months from March 8, 2013 for Grate Kiln Line 1, the SO2 limit does not apply for any hour in which it is documented that there is a natural gas curtailment, beyond Cliffs' control, necessitating that the supply of natural gas to Tilden's Line 1 indurating furnace is restricted or eliminated. Records must be kept of the cause of the curtailment and duration of such curtailment. During such curtailment, the use of backup coal is restricted to coal with no greater than 0.60 percent sulfur by weight.

(l) Testing and monitoring. (1) The owner or operator shall install, certify, calibrate, maintain and operate a Continuous Emissions Monitoring System (CEMS) for NOX on Tilden Mining Company unit EUKILN1. Compliance with the emission limits for NOX shall be determined using data from the CEMS.

(2) The owner or operator shall install, certify, calibrate, maintain and operate a CEMS for SO2 on Tilden Mining Company unit EUKILN1. Compliance with the emission standard selected for SO2 shall be determined using data from the CEMS.

(3) The owner or operator shall install, certify, calibrate, maintain and operate one or more continuous diluent monitor(s) (O2 or CO2) and continuous flow rate monitor(s) on Tilden Mining Company unit EUKILN1 to allow conversion of the NOX and SO2 concentrations to units of the standard (lbs/MMBtu and lbs/hr, respectively) unless a demonstration is made that a diluent monitor and continuous flow rate monitor are not needed for the owner or operator to demonstrate compliance with applicable emission limits in units of the standards.

(4) For purposes of this section, all CEMS required by this section must meet the requirements of paragraphs (l)(4)(i)-(xiv) of this section.

(i) All CEMS must be installed, certified, calibrated, maintained, and operated in accordance with 40 CFR Part 60, Appendix B, Performance Specification 2 (PS-2) and Appendix F, Procedure 1.

(ii) All CEMS associated with monitoring NOX (including the NOX monitor and necessary diluent and flow rate monitors) must be installed and operational no later than the compliance date for the emission limit identified at (k)(1). All CEMS associated with monitoring SO2 must be installed and operational no later than twelve months after March 8, 2013. Verification of the CEMS operational status shall, as a minimum, include completion of the manufacturer's written requirements or recommendations for installation, operation, and calibration of the devices.

(iii) The owner or operator must conduct a performance evaluation of each CEMS in accordance with 40 CFR Part 60, Appendix B, PS-2. The performance evaluations must be completed no later than 60 days after the respective CEMS installation.

(iv) The owner or operator of each CEMS must conduct periodic Quality Assurance, Quality Control (QA/QC) checks of each CEMS in accordance with 40 CFR Part 60, Appendix F, Procedure 1. The first CEMS accuracy test will be a relative accuracy test audit (RATA) and must be completed no later than 60 days after the respective CEMS installation.

(v) The owner or operator of each CEMS must furnish the Regional Administrator two, or upon request, more copies of a written report of the results of each performance evaluation and QA/QC check within 60 days of completion.

(vi) The owner or operator of each CEMS must check, record, and quantify the zero and span calibration drifts at least once daily (every 24 hours) in accordance with 40 CFR Part 60, Appendix F, Procedure 1, Section 4.

(vii) Except for CEMS breakdowns, repairs, calibration checks, and zero and span adjustments, all CEMS required by this section shall be in continuous operation during all periods of process operation of the indurating furnaces, including periods of process unit startup, shutdown, and malfunction.

(viii) All CEMS required by this section must meet the minimum data requirements at paragraphs (l)(4)(viii)(A)-(C) of this section.

(A) Complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute quadrant of an hour.

(B) Sample, analyze and record emissions data for all periods of process operation except as described in paragraph (l)(4)(viii)(C) of this section.

(C) When emission data from CEMS are not available due to continuous monitoring system breakdowns, repairs, calibration checks, or zero and span adjustments, emission data must be obtained using other monitoring systems or emission estimation methods approved by the EPA. The other monitoring systems or emission estimation methods to be used must be incorporated into the monitoring plan required by this section and provide information such that emissions data are available for a minimum of 18 hours in each 24 hour period and at least 22 out of 30 successive unit operating days.

(ix) Owners or operators of each CEMS required by this section must reduce all data to 1-hour averages. Hourly averages shall be computed using all valid data obtained within the hour but no less than one data point in each fifteen-minute quadrant of an hour. Notwithstanding this requirement, an hourly average may be computed from at least two data points separated by a minimum of 15 minutes (where the unit operates for more than one quadrant in an hour) if data are unavailable as a result of performance of calibration, quality assurance, preventive maintenance activities, or backups of data from data acquisition and handling systems, and recertification events.

(x) The 30-day rolling average emission rate determined from data derived from the CEMS required by this section (in lbs/MMBtu or lbs/hr depending on the emission standard selected) must be calculated in accordance with paragraphs (l)(4)(x)(A)-(F) of this section.

(A) Sum the total pounds of the pollutant in question emitted from the Unit during an operating day and the previous twenty-nine operating days.

(B) Sum the total heat input to the unit (in MMBtu) or the total actual hours of operation (in hours) during an operating day and the previous twenty-nine operating days.

(C) Divide the total number of pounds of the pollutant in question emitted during the thirty operating days by the total heat input (or actual hours of operation depending on the emission limit selected) during the thirty operating days.

(D) For purposes of this calculation, an operating day is any day during which fuel is combusted in the BART affected Unit regardless of whether pellets are produced. Actual hours of operation are the total hours a unit is firing fuel regardless of whether a complete 24-hour operational cycle occurs (i.e. if the furnace is firing fuel for only 5 hours during a 24-hour period, then the actual operating hours for that day are 5. Similarly, total number of pounds of the pollutant in question for that day is determined only from the CEMS data for the five hours during which fuel is combusted.)

(E) If the owner or operator of the CEMS required by this section uses an alternative method to determine 30-day rolling averages, that method must be described in detail in the monitoring plan required by this section. The alternative method will only be applicable if the final monitoring plan and the alternative method are approved by EPA.

(F) A new 30-day rolling average emission rate must be calculated for the period ending each new operating day.

(xi) The 30-day rolling average removal efficiency determined from data derived from the CEMS required by this section must be calculated in accordance with paragraphs (l)(4)(xi)(A)-(G) of this section.

(A) Calculate the 30-day rolling average emission rate described in paragraphs (l)(4)(x)(A)-(F) of this section at the inlet of the control device.

(B) Calculate the 30-day rolling average emission rate described in paragraphs (l)(4)(x)(A)-(F) of this section at the outlet of the control device.

(C) Subtract the 30-day rolling average emission rate determined at the outlet of the control device from the 30-day rolling average emission rate determined at the inlet of the control device.

(D) Divide the result of paragraph (l)(4)(xi)(C) of this section by the 30-day rolling average emission rate determined at the inlet.

(E) Multiply the result of paragraph (l)(4)(xi)(D) of this section by 100 to determine the 3-day rolling average percent removal efficiency.

(F) If the owner or operator of the CEMS required by this section uses an alternative method to determine the 30-day rolling average removal efficiency, that method must be described in detail in the monitoring plan required by this section. The alternative method will only be applicable if the final monitoring plan and the alternative method are approved by EPA.

(G) A new 30-day rolling average removal efficiency must be calculated for each new operating day.

(xii) Data substitution must not be used for purposes of determining compliance under this section.

(xiii) All CEMS data shall be reduced and reported in units of the applicable standard.

(xiv) A Quality Control Program must be developed and implemented for all CEMS required by this section in accordance with 40 CFR Part 60, Appendix F, Procedure 1, Section 3. The program will include, at a minimum, written procedures and operations for calibration checks, calibration drift adjustments, preventative maintenance, data collection, recording and reporting, accuracy audits/procedures, periodic performance evaluations, and a corrective action program for malfunctioning CEMS.

(m) Recordkeeping requirements. (1)(i) Records required by this section must be kept in a form suitable and readily available for expeditious review.

(ii) Records required by this section must be kept for a minimum of 5 years following the date of creation.

(iii) Records must be kept on site for at least 2 years following the date of creation and may be kept offsite, but readily accessible, for the remaining 3 years.

(2) The owner or operator of the BART affected unit must maintain the records identified in paragraphs (m)(2)(i)-(xi) of this section.

(i) A copy of each notification and report developed for and submitted to comply with this section including all documentation supporting any initial notification or notification of compliance status submitted, according to the requirements of this section.

(ii) Records of the occurrence and duration of each startup, shutdown, and malfunction of the BART affected unit, air pollution control equipment, and CEMS required by this section.

(iii) Records of activities taken during each startup, shutdown, and malfunction of the BART affected unit, air pollution control equipment, and CEMS required by this section.

(iv) Records of the occurrence and duration of all major maintenance conducted on the BART affected unit, air pollution control equipment, and CEMS required by this section.

(v) Records of each excess emission report, including all documentation supporting the reports, dates and times when excess emissions occurred, investigations into the causes of excess emissions, actions taken to minimize or eliminate the excess emissions, and preventative measures to avoid the cause of excess emissions from occurring again.

(vi) Records of all CEMS data including, as a minimum, the date, location, and time of sampling or measurement, parameters sampled or measured, and results.

(vii) All records associated with quality assurance and quality control activities on each CEMS as well as other records required by 40 CFR Part 60, Appendix F, Procedure 1 including, but not limited to, the quality control program, audit results, and reports submitted as required by this section.

(viii) Records of the NOX emissions during all periods of BART affected unit operation, including startup, shutdown and malfunction, in the units of the standard. The owner or operator shall convert the monitored data into the appropriate unit of the emission limitation using appropriate conversion factors and F-factors. F-factors used for purposes of this section shall be documented in the monitoring plan and developed in accordance with 40 CFR Part 60, Appendix A, Method 19. The owner or operator may use an alternate method to calculate the NOX emissions upon written approval from EPA.

(ix) Records of the SO2 emissions or records of the removal efficiency (based on CEMS data), depending on the emission standard selected, during all periods of operation, including periods of startup, shutdown and malfunction, in the units of the standard.

(x) Records associated with the CEMS unit including type of CEMS, CEMS model number, CEMS serial number, and initial certification of each CEMS conducted in accordance with 40 CFR Part 60, Appendix B, Performance Specification 2 must be kept for the life of the CEMS unit.

(xi) Records of all periods of fuel oil usage as required at paragraph (k)(4) of this section.

(n) Reporting requirements. (1) All requests, reports, submittals, notifications, and other communications to the Regional Administrator required by this section shall be submitted, unless instructed otherwise, to the Air and Radiation Division, U.S. Environmental Protection Agency, Region 5 (A-18J) at 77 West Jackson Boulevard, Chicago, Illinois 60604. References in this section to the Regional Administrator shall mean the EPA Regional Administrator for Region 5.

(2) The owner or operator of each BART affected unit identified in this section and CEMS required by this section must provide to the Regional Administrator the written notifications, reports and plans identified at paragraphs (n)(2)(i)-(viii) of this section. If acceptable to both the Regional Administrator and the owner or operator of each BART affected unit identified in this section and CEMS required by this section the owner or operator may provide electronic notifications, reports and plans.

(i) A notification of the date construction of control devices and installation of burners required by this section commences postmarked no later than 30 days after the commencement date.

(ii) A notification of the date the installation of each CEMS required by this section commences postmarked no later than 30 days after the commencement date.

(iii) A notification of the date the construction of control devices and installation o