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Title 40 Part 52

Title 40 → Chapter I → Subchapter C → Part 52

Electronic Code of Federal Regulations e-CFR

Title 40 Part 52

e-CFR data is current as of September 18, 2019

Title 40Chapter ISubchapter C → Part 52


Title 40: Protection of Environment


PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS


Contents

Subpart A—General Provisions

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

Subpart F—California

§52.220   Identification of plan—in part.
§52.220a   Identification of plan—in part.
§52.221   Classification of regions.
§52.222   Negative declarations.
§52.223   Approval status.
§52.224   General requirements.
§52.225   Legal authority.
§52.226   Control strategy and regulations: Particulate matter, San Joaquin Valley and Mountain Counties Intrastate Regions.
§52.227   Control strategy and regulations: Particulate matter, Metropolitan Los Angeles Intrastate Region.
§52.228   Regulations: Particulate matter, Southeast Desert Intrastate Region.
§52.229   Control strategy and regulations: Photochemical oxidants (hydrocarbons), Metropolitan Los Angeles Intrastate Region.
§52.230   Control strategy and regulations: Nitrogen dioxide.
§52.231   Regulations: Sulfur oxides.
§52.232   Part D conditional approval.
§52.233   Review of new sources and modifications.
§52.234   Source surveillance.
§52.235   Control strategy for ozone: Oxides of nitrogen.
§52.236   Rules and regulations.
§52.237   Part D disapproval.
§52.238   Commitment to undertake rulemaking.
§52.239   Alternate compliance plans.
§52.240   Compliance schedules.
§52.241   Inspection and maintenance program.
§52.242   Disapproved rules and regulations.
§52.243   Interim approval of the Carbon Monoxide plan for the South Coast.
§52.244   Motor vehicle emissions budgets.
§52.245   New Source Review rules.
§52.246   Control of dry cleaning solvent vapor losses.
§52.247   Control Strategy and regulations: Fine Particle Matter.
§52.248   Identification of plan—conditional approval.
§§52.249-52.251   [Reserved]
§52.252   Control of degreasing operations.
§52.253   Metal surface coating thinner and reducer.
§52.254   Organic solvent usage.
§52.255   Gasoline transfer vapor control.
§52.256   Control of evaporative losses from the filling of vehicular tanks.
§§52.257-52.262   [Reserved]
§52.263   Priority treatment for buses and carpools—Los Angeles Region.
§§52.264-52.268   [Reserved]
§52.269   Control strategy and regulations: Photochemical oxidants (hydrocarbons) and carbon monoxide.
§52.270   Significant deterioration of air quality.
§52.271   Malfunction, startup, and shutdown regulations.
§52.272   Research operations exemptions.
§52.273   Open burning.
§52.274   California air pollution emergency plan.
§52.275   Particulate matter control.
§52.276   Sulfur content of fuels.
§52.277   Oxides of nitrogen, combustion gas concentration limitations.
§52.278   Oxides of nitrogen control.
§52.279   Food processing facilities.
§52.280   Fuel burning equipment.
§52.281   Visibility protection.
§52.282   Control strategy and regulations: Ozone.
§52.283   Interstate Transport.

Subpart P—Indiana

§52.769   Identification of plan—conditional approval.
§52.770   Identification of plan.
§52.771   Classification of regions.
§52.772   [Reserved]
§52.773   Approval status.
§52.774   Determination of attainment.
§52.775   Legal authority.
§52.776   Control strategy: Particulate matter.
§52.777   Control strategy: photochemical oxidants (hydrocarbons).
§52.778   Compliance schedules.
§52.779   [Reserved]
§52.780   Review of new sources and modifications.
§52.781   Rules and regulations.
§52.782   Request for 18-month extension.
§52.783   [Reserved]
§52.784   Transportation and land use controls.
§52.785   Control strategy: Carbon monoxide.
§52.786   Inspection and maintenance program.
§52.787   Gasoline transfer vapor control.
§52.788   Operating permits.
§52.789   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?
§52.790   Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?
§52.791   Visibility protection.
§52.792   [Reserved]
§52.793   Significant deterioration of air quality.
§52.794   Source surveillance.
§52.795   Control strategy: Sulfur dioxide.
§52.796   Industrial continuous emission monitoring.
§52.797   Control strategy: Lead.
§52.798   Small business stationary source technical and environmental compliance assistance program.
§52.799   Transportation conformity.
§52.800   Original identification of plan section.

Subpart A—General Provisions

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

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§52.01   Definitions.

All terms used in this part but not defined herein shall have the meaning given them in the Clean Air Act and in parts 51 and 60 of this chapter.

(a) The term stationary source means any building, structure, facility, or installation which emits or may emit an air pollutant for which a national standard is in effect.

(b) The term commenced means that an owner or operator has undertaken a continuous program of construction or modification.

(c) The term construction means fabrication, erection, or installation.

(d) The phrases modification or modified source mean any physical change in, or change in the method of operation of, a stationary source which increases the emission rate of any pollutant for which a national standard has been promulgated under part 50 of this chapter or which results in the emission of any such pollutant not previously emitted, except that:

(1) Routine maintenance, repair, and replacement shall not be considered a physical change, and

(2) The following shall not be considered a change in the method of operation:

(i) An increase in the production rate, if such increase does not exceed the operating design capacity of the source;

(ii) An increase in the hours of operation;

(iii) Use of an alternative fuel or raw material, if prior to the effective date of a paragraph in this part which imposes conditions on or limits modifications, the source is designed to accommodate such alternative use.

(e) The term startup means the setting in operation of a source for any purpose.

(f) [Reserved]

(g) The term heat input means the total gross calorific value (where gross calorific value is measured by ASTM Method D2015-66, D240-64, or D1826-64) of all fuels burned.

(h) The term total rated capacity means the sum of the rated capacities of all fuel-burning equipment connected to a common stack. The rated capacity shall be the maximum guaranteed by the equipment manufacturer or the maximum normally achieved during use, whichever is greater.

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

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§52.02   Introduction.

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

(b) Any plan or portion thereof promulgated by the Administrator substitutes for a State plan or portion thereof disapproved by the Administrator or not submitted by a State, or supplements a State plan or portion thereof. The promulgated provisions, together with any portions of a State plan approved by the Administrator, constitute the applicable plan for purposes of the Act.

(c) Where nonregulatory provisions of a plan are disapproved, the disapproval is noted in this part and a detailed evaluation is provided to the State, but no substitute provisions are promulgated by the Administrator.

(d) All approved plans and plan revisions listed in subparts B through DDD and FFF of this part and on file at the Office of the Federal Register are approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Notice of amendments to the plans will be published in the Federal Register. The plans and plan revisions are available for inspection at the 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. In addition the plans and plan revisions are available at the following locations:

(1) Office of Air and Radiation, Docket and Information Center (Air Docket), EPA, 401 M St., SW., Room M1500, Washington, DC 20460.

(2) The appropriate EPA Regional Office as listed below:

(i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Environmental Protection Agency, Region 1, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.

(ii) New York, New Jersey, Puerto Rico, and Virgin Islands. Environmental Protection Agency, Region 2, 290 Broadway, New York, NY 10007-1866.

(iii) Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, and West Virginia. Environmental Protection Agency, Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029.

(iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. Environmental Protection Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.

(v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.

(vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Environmental Protection Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102.

(vii) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219.

(viii) Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.

(ix) Arizona, California, Hawaii, Nevada, American Samoa, Commonwealth of the Northern Mariana Islands, and Guam. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.

(x) Alaska, Idaho, Oregon, and Washington. Environmental Protection Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.

(e) Each State's plan is dealt with in a separate subpart, which includes an introductory section identifying the plan by name and the date of its submittal, a section classifying regions, and a section setting forth dates for attainment of the national standards. Additional sections are included as necessary to specifically identify disapproved provisions, to set forth reasons for disapproval, and to set forth provisions of the plan promulgated by the Administrator. Except as otherwise specified, all supplemental information submitted to the Administrator with respect to any plan has been submitted by the Governor of the State.

(f) Revisions to applicable plans will be included in this part when approved or promulgated by the Administrator.

[37 FR 10846, May 31, 1972, as amended at 37 FR 15080, July 27, 1972; 47 FR 38886, Sept. 3, 1982; 61 FR 16060, Apr. 11, 1996; 72 FR 38793, July 16, 2007; 76 FR 49671, Aug. 11, 2011; 78 FR 37975, June 25, 2013; 79 FR 22035, Apr. 21, 2014; 84 FR 44228, Aug. 23, 2019]

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§52.04   Classification of regions.

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

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§52.05   Public availability of emission data.

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

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§52.06   Legal authority.

(a) The Administrator's determination of the absence or inadequacy of legal authority required to be included in the plan is set forth in each subpart. This includes the legal authority of local agencies and State governmental agencies other than an air pollution control agency if such other agencies are assigned responsibility for carrying out a plan or portion thereof.

(b) No legal authority as such is promulgated by the Administrator. Where required regulatory provisions are not included in the plan by the State because of inadequate legal authority, substitute provisions are promulgated by the Administrator.

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

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§52.07   Control strategies.

(a) Each subpart specifies in what respects the control strategies are approved or disapproved. Where emission limitations with a future effective date are employed to carry out a control strategy, approval of the control strategy and the implementing regulations does not supersede the requirements of subpart N of this chapter relating to compliance schedules for individual sources or categories of sources. Compliance schedules for individual sources or categories of sources must require such sources to comply with applicable requirements of the plan as expeditiously as practicable, where the requirement is part of a control strategy designed to attain a primary standard, or within a reasonable time, where the requirement is part of a control strategy designed to attain a secondary standard. All sources must be required to comply with applicable requirements of the plan no later than the date specified in this part for attainment of the national standard which the requirement is intended to implement.

(b) A control strategy may be disapproved as inadequate because it is not sufficiently comprehensive, although all regulations provided to carry out the strategy may themselves be approved. In this case, regulations for carrying out necessary additional measures are promulgated in the subpart.

(c) Where a control strategy is adequate to attain and maintain a national standard but one or more of the regulations to carry it out is not adopted or not enforceable by the State, the control strategy is approved and the necessary regulations are promulgated by the Administrator.

(d) Where a control strategy is adequate to attain and maintain air quality better than that provided for by a national standard but one or more of the regulations to carry it out is not adopted or not enforceable by the State, the control strategy is approved and substitute regulations necessary to attain and maintain the national standard are promulgated.

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

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§52.08   Rules and regulations.

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

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§52.09   Compliance schedules.

(a) In each subpart, compliance schedules disapproved by the Administrator are identified, and compliance schedules promulgated by the Administrator are set forth.

(b) Individual source compliance schedules submitted with certain plans have not yet been evaluated, and are not approved or disapproved.

(c) The Administrator's approval or promulgation of any compliance schedule shall not affect the responsibility of the owner or operator to comply with any applicable emission limitation on and after the date for final compliance specified in the applicable schedule.

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

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§52.10   Review of new sources and modifications.

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

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

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§52.11   Prevention of air pollution emergency episodes.

(a) Each subpart identifies portions of the air pollution emergency episode contingency plan which are disapproved, and sets forth the Administrator's promulgation of substitute provisions.

(b) No provisions are promulgated to replace any disapproved air quality monitoring or communications portions of a contingency plan, but detailed critiques of such portions are provided to the State.

(c) Where a State plan does not provide for public announcement regarding air pollution emergency episodes or where the State fails to give any such public announcement, the Administrator will issue a public announcement that an episode stage has been reached. When making such an announcement, the Administrator will be guided by the suggested episode criteria and emission control actions suggested in Appendix L of part 51 of this chapter or those in the approved plan.

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

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§52.12   Source surveillance.

(a) Each subpart identifies the plan provisions for source surveillance which are disapproved, and sets forth the Administrator's promulgation of necessary provisions for requiring sources to maintain records, make reports, and submit information.

(b) No provisions are promulgated for any disapproved State or local agency procedures for testing, inspection, investigation, or detection, but detailed critiques of such portions are provided to the State.

(c) For purposes of Federal enforcement, the following test procedures and methods shall be used, provided that for the purpose of establishing whether or not a person has violated or is in violation of any provision of the plan, nothing in this part shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test procedures or methods had been performed:

(1) Sources subject to plan provisions which do not specify a test procedure and sources subject to provisions promulgated by the Administrator will be tested by means of the appropriate procedures and methods prescribed in part 60 of this chapter unless otherwise specified in this part.

(2) Sources subject to approved provisions of a plan wherein a test procedure is specified will be tested by the specified procedure.

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

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§52.13   Air quality surveillance; resources; intergovernmental cooperation.

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

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§52.14   State ambient air quality standards.

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

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§52.15   Public availability of plans.

Each State shall make available for public inspection at least one copy of the plan in at least one city in each region to which such plan is applicable. All such copies shall be kept current.

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§52.16   Submission to Administrator.

(a) All requests, reports, applications, submissions, and other communications to the Administrator pursuant to this part shall be submitted in duplicate and addressed to the appropriate Regional Office of the Environmental Protection Agency. For any submission pursuant to this part that is also a submission of a plan or plan revision pursuant to 40 CFR part 51, the submission shall conform to the requirements of appendix V to 40 CFR part 51, rather than the requirements of this paragraph.

(b) The Regional Offices are as follows:

(1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. EPA Region 1, 5 Post Office Square—Suite 100, Boston, MA 02109-3912.

(2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA Region 2, 290 Broadway, New York, NY 10007-1866.

(3) Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, and West Virginia. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029.

(4) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. EPA Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.

(5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.

(6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Environmental Protection Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102.

(7) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219.

(8) Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.

(9) Arizona, California, Hawaii, Nevada, American Samoa, Commonwealth of the Northern Mariana Islands, and Guam. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105.

(10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th Avenue, Seattle, WA 98101.

[61 FR 16061, Apr. 11, 1996, as amended at 72 FR 38793, July 16, 2007; 76 FR 49671, Aug. 11, 2011; 78 FR 37975, June 25, 2013; 79 FR 22035, Apr. 21, 2014; 80 FR 7341, Feb. 10, 2015; 84 FR 44228, Aug. 23, 2019]

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§52.17   Severability of provisions.

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

[37 FR 19808, Sept. 22, 1972]

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§52.18   Abbreviations.

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

[38 FR 12698, May 14, 1973]

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§52.20   Attainment dates for national standards.

Each subpart contains a section which specifies the latest dates by which national standards are to be attained in each region in the State. An attainment date which only refers to a month and a year (such as July 1975) shall be construed to mean the last day of the month in question. However, the specification of attainment dates for national standards does not relieve any State from the provisions of subpart N of this chapter which require all sources and categories of sources to comply with applicable requirements of the plan—

(a) As expeditiously as practicable where the requirement is part of a control strategy designed to attain a primary standard, and

(b) Within a reasonable time where the requirement is part of a control strategy designed to attain a secondary standard.

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

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§52.21   Prevention of significant deterioration of air quality.

(a)(1) Plan disapproval. The provisions of this section are applicable to any State implementation plan which has been disapproved with respect to prevention of significant deterioration of air quality in any portion of any State where the existing air quality is better than the national ambient air quality standards. Specific disapprovals are listed where applicable, in subparts B through DDD and FFF of this part. The provisions of this section have been incorporated by reference into the applicable implementation plans for various States, as provided in subparts B through DDD and FFF of this part. Where this section is so incorporated, the provisions shall also be applicable to all lands owned by the Federal Government and Indian Reservations located in such State. No disapproval with respect to a State's failure to prevent significant deterioration of air quality shall invalidate or otherwise affect the obligations of States, emission sources, or other persons with respect to all portions of plans approved or promulgated under this part.

(2) Applicability procedures. (i) The requirements of this section apply to the construction of any new major stationary source (as defined in paragraph (b)(1) of this section) or any project at an existing major stationary source in an area designated as attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the Act.

(ii) The requirements of paragraphs (j) through (r) of this section apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this section otherwise provides.

(iii) No new major stationary source or major modification to which the requirements of paragraphs (j) through (r)(5) of this section apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements. The Administrator has authority to issue any such permit.

(iv) The requirements of the program will be applied in accordance with the principles set out in paragraphs (a)(2)(iv)(a) through (f) of this section.

(a) Except as otherwise provided in paragraphs (a)(2)(v) and (vi) of this section, and consistent with the definition of major modification contained in paragraph (b)(2) of this section, a project is a major modification for a regulated NSR pollutant if it causes two types of emissions increases—a significant emissions increase (as defined in paragraph (b)(40) of this section), and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) of this section). The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

(b) The procedure for calculating (before beginning actual construction) whether a significant emissions increase (i.e., the first step of the process) will occur depends upon the type of emissions units being modified, according to paragraphs (a)(2)(iv)(c) through (f) of this section. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source (i.e., the second step of the process) is contained in the definition in paragraph (b)(3) of this section. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

(c) Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions (as defined in paragraph (b)(41) of this section) and the baseline actual emissions (as defined in paragraphs (b)(48)(i) and (ii) of this section), for each existing emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(23) of this section).

(d) Actual-to-potential test for projects that only involve construction of a new emissions unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit (as defined in paragraph (b)(4) of this section) from each new emissions unit following completion of the project and the baseline actual emissions (as defined in paragraph (b)(48)(iii) of this section) of these units before the project equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(23) of this section).

(e) [Reserved]

(f) Hybrid test for projects that involve multiple types of emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs (a)(2)(iv)(c) through (d) of this section as applicable with respect to each emissions unit, for each type of emissions unit equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(23) of this section).

(v) For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary source shall comply with the requirements under paragraph (aa) of this section.

(b) Definitions. For the purposes of this section:

(1)(i) Major stationary source means:

(a) Any of the following stationary sources of air pollutants which emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant: Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants (with thermal dryers), primary copper smelters, municipal incinerators capable of charging more than 250 tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, sintering plants, secondary metal production plants, chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140), fossil-fuel boilers (or combinations thereof) totaling more than 250 million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels, taconite ore processing plants, glass fiber processing plants, and charcoal production plants;

(b) Notwithstanding the stationary source size specified in paragraph (b)(1)(i) of this section, any stationary source which emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or

(c) Any physical change that would occur at a stationary source not otherwise qualifying under paragraph (b)(1) of this section, as a major stationary source, if the changes would constitute a major stationary source by itself.

(ii) A major source that is major for volatile organic compounds or NOX shall be considered major for ozone.

(iii) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this section whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

(a) Coal cleaning plants (with thermal dryers);

(b) Kraft pulp mills;

(c) Portland cement plants;

(d) Primary zinc smelters;

(e) Iron and steel mills;

(f) Primary aluminum ore reduction plants;

(g) Primary copper smelters;

(h) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(i) Hydrofluoric, sulfuric, or nitric acid plants;

(j) Petroleum refineries;

(k) Lime plants;

(l) Phosphate rock processing plants;

(m) Coke oven batteries;

(n) Sulfur recovery plants;

(o) Carbon black plants (furnace process);

(p) Primary lead smelters;

(q) Fuel conversion plants;

(r) Sintering plants;

(s) Secondary metal production plants;

(t) Chemical process plants—The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;

(u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(w) Taconite ore processing plants;

(x) Glass fiber processing plants;

(y) Charcoal production plants;

(z) Fossil fuel-fired steam electric plants of more that 250 million British thermal units per hour heat input, and

(aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.

(2)(i) Major modification means any physical change in or change in the method of operation of a major stationary source that would result in: a significant emissions increase (as defined in paragraph (b)(40) of this section) of a regulated NSR pollutant (as defined in paragraph (b)(50) of this section); and a significant net emissions increase of that pollutant from the major stationary source.

(ii) Any significant emissions increase (as defined at paragraph (b)(40) of this section) from any emissions units or net emissions increase (as defined in paragraph (b)(3) of this section) at a major stationary source that is significant for volatile organic compounds or NOX shall be considered significant for ozone.

(iii) A physical change or change in the method of operation shall not include:

(a) Routine maintenance, repair and replacement. Routine maintenance, repair and replacement shall include, but not be limited to, any activity(s) that meets the requirements of the equipment replacement provisions contained in paragraph (cc) of this section;

Note to paragraph (b)(2)(iii)(a): By court order on December 24, 2003, the second sentence of this paragraph (b)(2)(iii)(a) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay.

(b) Use of an alternative fuel or raw material by reason of an order under sections 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plant pursuant to the Federal Power Act;

(c) Use of an alternative fuel by reason of an order or rule under section 125 of the Act;

(d) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

(e) Use of an alternative fuel or raw material by a stationary source which:

(1) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 CFR 51.166; or

(2) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166;

(f) An increase in the hours of operation or in the production rate, unless such change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR subpart I or 40 CFR 51.166.

(g) Any change in ownership at a stationary source.

(h) [Reserved]

(i) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(1) The State implementation plan for the State in which the project is located, and

(2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

(j) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

(k) The reactivation of a very clean coal-fired electric utility steam generating unit.

(iv) This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under paragraph (aa) of this section for a PAL for that pollutant. Instead, the definition at paragraph (aa)(2)(viii) of this section shall apply.

(v) Fugitive emissions shall not be included in determining for any of the purposes of this section whether a physical change in or change in the method of operation of a major stationary source is a major modification, unless the source belongs to one of the source categories listed in paragraph (b)(1)(iii) of this section.

(3)(i) Net emissions increase means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:

(a) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to paragraph (a)(2)(iv) of this section; and

(b) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this paragraph (b)(3)(i)(b) shall be determined as provided in paragraph (b)(48) of this section, except that paragraphs (b)(48)(i)(c) and (b)(48)(ii)(d) of this section shall not apply.

(ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

(a) The date five years before construction on the particular change commences; and

(b) The date that the increase from the particular change occurs.

(iii) An increase or decrease in actual emissions is creditable only if:

(a) The Administrator or other reviewing authority has not relied on it in issuing a permit for the source under this section, which permit is in effect when the increase in actual emissions from the particular change occurs; and

(b) The increase or decrease in emissions did not occur at a Clean Unit except as provided in paragraphs (x)(8) and (y)(10) of this section.

(c) As it pertains to an increase or decrease in fugitive emissions (to the extent quantifiable), it occurs at an emissions unit that is part of one of the source categories listed in paragraph (b)(1)(iii) of this section or it occurs at an emission unit that is located at a major stationary source that belongs to one of the listed source categories.(iv) An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.

(v) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(vi) A decrease in actual emissions is creditable only to the extent that:

(a) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(b) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins.

(c) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change; and

(vii) [Reserved]

(viii) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

(ix) Paragraph (b)(21)(ii) of this section shall not apply for determining creditable increases and decreases.

(4) Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

(5) Stationary source means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.

(6)(i) Building, structure, facility, or installation means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same “Major Group” (i.e., which have the same first two digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00716-0, respectively).

(ii) Notwithstanding the provisions of paragraph (b)(6)(i) of this section, building, structure, facility, or installation means, for onshore activities under Standard Industrial Classification (SIC) Major Group 13: Oil and Gas Extraction, all of the pollutant-emitting activities included in Major Group 13 that are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control). Pollutant emitting activities shall be considered adjacent if they are located on the same surface site; or if they are located on surface sites that are located within 14 mile of one another (measured from the center of the equipment on the surface site) and they share equipment. Shared equipment includes, but is not limited to, produced fluids storage tanks, phase separators, natural gas dehydrators or emissions control devices. Surface site, as used in this paragraph (b)(6)(ii), has the same meaning as in 40 CFR 63.761.

(7) Emissions unit means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit as defined in paragraph (b)(31) of this section. For purposes of this section, there are two types of emissions units as described in paragraphs (b)(7)(i) and (ii) of this section.

(i) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated.

(ii) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (b)(7)(i) of this section. A replacement unit, as defined in paragraph (b)(33) of this section, is an existing emissions unit.

(8) Construction means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions.

(9) Commence as applied to construction of a major stationary source or major modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:

(i) Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or

(ii) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

(10) Necessary preconstruction approvals or permits means those permits or approvals required under Federal air quality control laws and regulations and those air quality control laws and regulations which are part of the applicable State Implementation Plan.

(11) Begin actual construction means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying underground pipework and construction of permanent storage structures. With respect to a change in method of operations, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

(12) Best available control technology means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for each pollutant subject to regulation under Act which would be emitted from any proposed major stationary source or major modification which the Administrator, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR parts 60 and 61. If the Administrator determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results.

(13)(i) Baseline concentration means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:

(a) The actual emissions, as defined in paragraph (b)(21) of this section, representative of sources in existence on the applicable minor source baseline date, except as provided in paragraph (b)(13)(ii) of this section; and

(b) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.

(ii) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):

(a) Actual emissions, as defined in paragraph (b)(21) of this section, from any major stationary source on which construction commenced after the major source baseline date; and

(b) Actual emissions increases and decreases, as defined in paragraph (b)(21) of this section, at any stationary source occurring after the minor source baseline date.

(14)(i) Major source baseline date means:

(a) In the case of PM10 and sulfur dioxide, January 6, 1975;

(b) In the case of nitrogen dioxide, February 8, 1988; and

(c) In the case of PM2.5, October 20, 2010.

(ii) “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or a major modification subject to 40 CFR 52.21 or to regulations approved pursuant to 40 CFR 51.166 submits a complete application under the relevant regulations. The trigger date is:

(a) In the case of PM10 and sulfur dioxide, August 7, 1977;

(b) In the case of nitrogen dioxide, February 8, 1988; and

(c) In the case of PM2.5, October 20, 2011.

(iii) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:

(a) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 or under regulations approved pursuant to 40 CFR 51.166; and

(b) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

(iv) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that the Administrator shall rescind a minor source baseline date where it can be shown, to the satisfaction of the Administrator, that the emissions increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions.

(15)(i) Baseline area means any intrastate area (and every part thereof) designated as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act in which the major source or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the baseline date is established, as follows: equal to or greater than 1 µg/m3 (annual average) for SO2, NO2, or PM10; or equal or greater than 0.3 µg/m3 (annual average) for PM2.5.

(ii) Area redesignations under section 107(d)(1)(A)(ii) or (iii) of the Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

(a) Establishes a minor source baseline date; or

(b) Is subject to 40 CFR 52.21 and would be constructed in the same state as the state proposing the redesignation.

(iii) Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that such baseline area shall not remain in effect if the Administrator rescinds the corresponding minor source baseline date in accordance with paragraph (b)(14)(iv) of this section.

(16) Allowable emissions means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

(i) The applicable standards as set forth in 40 CFR parts 60 and 61;

(ii) The applicable State Implementation Plan emissions limitation, including those with a future compliance date; or

(iii) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

(17) Federally enforceable means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR parts 60 and 61, requirements within any applicable State implementation plan, any permit requirements established pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR part 51, subpart I, including operating permits issued under an EPA-approved program that is incorporated into the State implementation plan and expressly requires adherence to any permit issued under such program.

(18) Secondary emissions means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

(i) Emissions from ships or trains coming to or from the new or modified stationary source; and

(ii) Emissions from any offsite support facility which would not otherwise be constructed or increase its emissions as a result of the construction or operation of the major stationary source or major modification.

(19) Innovative control technology means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts.

(20) Fugitive emissions means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(21)(i) Actual emissions means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with paragraphs (b)(21)(ii) through (iv) of this section, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under paragraph (aa) of this section. Instead, paragraphs (b)(41) and (b)(48) of this section shall apply for those purposes.

(ii) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The Administrator shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(iii) The Administrator may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(iv) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

(22) Complete means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.

(23)(i) Significant means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate

Carbon monoxide: 100 tons per year (tpy)

Nitrogen oxides: 40 tpy

Sulfur dioxide: 40 tpy

Particulate matter: 25 tpy of particulate matter emissions

PM10: 15 tpy

PM2.5: 10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under paragraph (b)(50) of this section

Ozone: 40 tpy of volatile organic compounds or nitrogen oxides

Lead: 0.6 tpy

Fluorides: 3 tpy

Sulfuric acid mist: 7 tpy

Hydrogen sulfide (H2S): 10 tpy

Total reduced sulfur (including H2S): 10 tpy

Reduced sulfur compounds (including H2S): 10 tpy

Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 × 10−6 megagrams per year (3.5 × 10−6 tons per year)

Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per year)

Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year)

Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year)

(ii) Significant means, in reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that paragraph (b)(23)(i) of this section, does not list, any emissions rate.

(iii) Notwithstanding paragraph (b)(23)(i) of this section, significant means any emissions rate or any net emissions increase associated with a major stationary source or major modification, which would construct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1 µg/m3, (24-hour average).

(24) Federal Land Manager means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.

(25) High terrain means any area having an elevation 900 feet or more above the base of the stack of a source.

(26) Low terrain means any area other than high terrain.

(27) Indian Reservation means any federally recognized reservation established by Treaty, Agreement, executive order, or act of Congress.

(28) Indian Governing Body means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self government.

(29) Adverse impact on visibility means visibility impairment which interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the Federal Class I area. This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairment, and how these factors correlate with (1) times of visitor use of the Federal Class I area, and (2) the frequency and timing of natural conditions that reduce visibility.

(30) Volatile organic compounds (VOC) is as defined in §51.100(s) of this chapter.

(31) Electric utility steam generating unit means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

(32) [Reserved]

(33) Replacement unit means an emissions unit for which all the criteria listed in paragraphs (b)(33)(i) through (iv) of this section are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

(i) The emissions unit is a reconstructed unit within the meaning of §60.15(b)(1) of this chapter, or the emissions unit completely takes the place of an existing emissions unit.

(ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

(iii) The replacement does not alter the basic design parameters (as discussed in paragraph (cc)(2) of this section) of the process unit.

(iv) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

(34) Clean coal technology means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam which was not in widespread use as of November 15, 1990.

(35) Clean coal technology demonstration project means a project using funds appropriated under the heading “Department of Energy-Clean Coal Technology”, up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the Environmental Protection Agency. The Federal contribution for a qualifying project shall be at least 20 percent of the total cost of the demonstration project.

(36) Temporary clean coal technology demonstration project means a clean coal technology demonstration project that is operated for a period of 5 years or less, and which complies with the State implementation plans for the State in which the project is located and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

(37) (i) Repowering means replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the Administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.

(ii) Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.

(iii) The Administrator shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection and is granted an extension under section 409 of the Clean Air Act.

(38) Reactivation of a very clean coal-fired electric utility steam generating unit means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit:

(i) Has not been in operation for the two-year period prior to the enactment of the Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the permitting authority's emissions inventory at the time of enactment;

(ii) Was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85 percent and a removal efficiency for particulates of no less than 98 percent;

(iii) Is equipped with low-NOX burners prior to the time of commencement of operations following reactivation; and

(iv) Is otherwise in compliance with the requirements of the Clean Air Act.

(39) Pollution prevention means any activity that through process changes, product reformulation or redesign, or substitution of less polluting raw materials, eliminates or reduces the release of air pollutants (including fugitive emissions) and other pollutants to the environment prior to recycling, treatment, or disposal; it does not mean recycling (other than certain “in-process recycling” practices), energy recovery, treatment, or disposal.

(40) Significant emissions increase means, for a regulated NSR pollutant, an increase in emissions that is significant (as defined in paragraph (b)(23) of this section) for that pollutant.

(41)(i) Projected actual emissions means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the 5 years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

(ii) In determining the projected actual emissions under paragraph (b)(41)(i) of this section (before beginning actual construction), the owner or operator of the major stationary source:

(a) Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved State Implementation Plan; and

(b) Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and

(c) Shall exclude, in calculating any increase in emissions that results from he particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions under paragraph (b)(48) of this section and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or

(d) In lieu of using the method set out in paragraphs (a)(41)(ii)(a) through (c) of this section, may elect to use the emissions unit's potential to emit, in tons per year, as defined under paragraph (b)(4) of this section.

(42) [Reserved]

(43) Prevention of Significant Deterioration (PSD) program means the EPA-implemented major source preconstruction permit programs under this section or a major source preconstruction permit program that has been approved by the Administrator and incorporated into the State Implementation Plan pursuant to §51.166 of this chapter to implement the requirements of that section. Any permit issued under such a program is a major NSR permit.

(44) Continuous emissions monitoring system (CEMS) means all of the equipment that may be required to meet the data acquisition and availability requirements of this section, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.

(45) Predictive emissions monitoring system (PEMS) means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.

(46) Continuous parameter monitoring system (CPMS) means all of the equipment necessary to meet the data acquisition and availability requirements of this section, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.

(47) Continuous emissions rate monitoring system (CERMS) means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

(48) Baseline actual emissions means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with paragraphs (b)(48)(i) through (iv) of this section.

(i) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding when the owner or operator begins actual construction of the project. The Administrator shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

(a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.

(c) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used For each regulated NSR pollutant.

(d) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraph (b)(48)(i)(b) of this section.

(ii) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Administrator for a permit required under this section or by the reviewing authority for a permit required by a plan, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990.

(a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

(c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under part 63 of this chapter, the baseline actual emissions need only be adjusted if the State has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of §51.165(a)(3)(ii)(G) of this chapter.

(d) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used For each regulated NSR pollutant.

(e) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by paragraphs (b)(48)(ii)(b) and (c) of this section.

(iii) For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.

(iv) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (b)(48)(i) of this section, for other existing emissions units in accordance with the procedures contained in paragraph (b)(48)(ii) of this section, and for a new emissions unit in accordance with the procedures contained in paragraph (b)(48)(iii) of this section.

(49) Subject to regulation means, for any air pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified by the Administrator in subchapter C of this chapter, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. Except that:

(i) Greenhouse gases (GHGs), the air pollutant defined in §86.1818-12(a) of this chapter as the aggregate group of six greenhouse gases: Carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride, shall not be subject to regulation except as provided in paragraphs (b)(49)(iv) through (v) of this section and shall not be subject to regulation if the stationary source maintains its total source-wide emissions below the GHG PAL level, meets the requirements in paragraphs (aa)(1) through (15) of this section, and complies with the PAL permit containing the GHG PAL.

(ii) For purposes of paragraphs (b)(49)(iii) through (v) of this section, 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 part 98 of this chapter—Global Warming Potentials. For purposes of this paragraph, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non-fossilized and biodegradable organic material originating from plants, animals, or micro-organisms (including products, by-products, residues and waste from agriculture, forestry and related industries as well as the non-fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non-fossilized and biodegradable organic material).

(b) Sum the resultant value from paragraph (b)(49)(ii)(a) of this section for each gas to compute a tpy CO2e.

(iii) The term emissions increase as used in paragraphs (b)(49)(iv) through (v) of this section shall mean that both a significant emissions increase (as calculated using the procedures in paragraph (a)(2)(iv) of this section) and a significant net emissions increase (as defined in paragraphs (b)(3) and (b)(23) of this section) 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 paragraph (b)(23)(ii) of this section.

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

(a) 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

(b) 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,

(50) Regulated NSR pollutant, for purposes of this section, means the following:

(i) Any pollutant for which a national ambient air quality standard has been promulgated. This includes, but is not limited to, the following:

(a) PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity, which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in PSD permits. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this section unless the applicable implementation plan required condensable particulate matter to be included.

(b) Any pollutant identified under this paragraph (b)(50)(i)(b) as a constituent or precursor for a pollutant for which a national ambient air quality standard has been promulgated. Precursors identified by the Administrator for purposes of NSR are the following:

(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.

(2) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.

(3) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations.

(4) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the State demonstrates to the Administrator's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.

(ii) Any pollutant that is subject to any standard promulgated under section 111 of the Act;

(iii) Any Class I or II substance subject to a standard promulgated under or established by title VI of the Act;

(iv) Any pollutant that otherwise is subject to regulation under the Act as defined in paragraph (b)(49) of this section.

(v) Notwithstanding paragraphs (b)(50)(i) through (iv) of this section, the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in section 112 of the Act, or added to the list pursuant to section 112(b)(2) of the Act, and which have not been delisted pursuant to section 112(b)(3) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act.

(51) Reviewing authority means the State air pollution control agency, local agency, other State agency, Indian tribe, or other agency authorized by the Administrator to carry out a permit program under §51.165 and §51.166 of this chapter, or the Administrator in the case of EPA-implemented permit programs under this section.

(52) Project means a physical change in, or change in the method of operation of, an existing major stationary source.

(53) Lowest achievable emission rate (LAER) is as defined in §51.165(a)(1)(xiii) of this chapter.

(54) Reasonably available control technology (RACT) is as defined in §51.100(o) of this chapter.

(55)(i) In general, process unit means any collection of structures and/or equipment that processes, assembles, applies, blends, or otherwise uses material inputs to produce or store an intermediate or a completed product. A single stationary source may contain more than one process unit, and a process unit may contain more than one emissions unit.

(ii) Pollution control equipment is not part of the process unit, unless it serves a dual function as both process and control equipment. Administrative and warehousing facilities are not part of the process unit.

(iii) For replacement cost purposes, components shared between two or more process units are proportionately allocated based on capacity.

(iv) The following list identifies the process units at specific categories of stationary sources.

(a) For a steam electric generating facility, the process unit consists of those portions of the plant that contribute directly to the production of electricity. For example, at a pulverized coal-fired facility, the process unit would generally be the combination of those systems from the coal receiving equipment through the emission stack (excluding post-combustion pollution controls), including the coal handling equipment, pulverizers or coal crushers, feedwater heaters, ash handling, boiler, burners, turbine-generator set, condenser, cooling tower, water treatment system, air preheaters, and operating control systems. Each separate generating unit is a separate process unit.

(b) For a petroleum refinery, there are several categories of process units: those that separate and/or distill petroleum feedstocks; those that change molecular structures; petroleum treating processes; auxiliary facilities, such as steam generators and hydrogen production units; and those that load, unload, blend or store intermediate or completed products.

(c) For an incinerator, the process unit would consist of components from the feed pit or refuse pit to the stack, including conveyors, combustion devices, heat exchangers and steam generators, quench tanks, and fans.

Note to paragraph (b)(55): By a court order on December 24, 2003, this paragraph (b)(55) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay.

(56) Functionally equivalent component means a component that serves the same purpose as the replaced component.

Note to paragraph (b)(56): By a court order on December 24, 2003, this paragraph (b)(56) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay.

(57) Fixed capital cost means the capital needed to provide all the depreciable components. “Depreciable components” refers to all components of fixed capital cost and is calculated by subtracting land and working capital from the total capital investment, as defined in paragraph (b)(58) of this section.

Note to paragraph (b)(57): By a court order on December 24, 2003, this paragraph (b)(57) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay.

(58) Total capital investment means the sum of the following: all costs required to purchase needed process equipment (purchased equipment costs); the costs of labor and materials for installing that equipment (direct installation costs); the costs of site preparation and buildings; other costs such as engineering, construction and field expenses, fees to contractors, startup and performance tests, and contingencies (indirect installation costs); land for the process equipment; and working capital for the process equipment.

Note to paragraph (b)(58): By a court order on December 24, 2003, this paragraph (b)(58) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay.

(c) Ambient air increments. In areas designated as Class I, II or III, increases in pollutant concentration over the baseline concentration shall be limited to the following:

PollutantMaximum
allowable
increase (micrograms per cubic meter)
Class I Area
PM2.5:
Annual arithmetic mean1
24-hr maximum2
PM10:
Annual arithmetic mean4
24-hr maximum8
Sulfur dioxide:
Annual arithmetic mean2
24-hr maximum5
3-hr maximum25
Nitrogen dioxide:
Annual arithmetic mean2.5
Class II Area
PM2.5:
Annual arithmetic mean4
24-hr maximum9
PM10:
Annual arithmetic mean17
24-hr maximum30
Sulfur dioxide:
Annual arithmetic mean20
24-hr maximum91
3-hr maximum512
Nitrogen dioxide:
Annual arithmetic mean25
Class III Area
PM2.5:
Annual arithmetic mean8
24-hr maximum18
PM10:
Annual arithmetic mean34
24-hr maximum60
Sulfur dioxide:
Annual arithmetic mean40
24-hr maximum182
3-hr maximum700
Nitrogen dioxide:
Annual arithmetic mean50

For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.

(d) Ambient air ceilings. No concentration of a pollutant shall exceed:

(1) The concentration permitted under the national secondary ambient air quality standard, or

(2) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exposure.

(e) Restrictions on area classifications. (1) All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may not be redesignated:

(i) International parks,

(ii) National wilderness areas which exceed 5,000 acres in size,

(iii) National memorial parks which exceed 5,000 acres in size, and

(iv) National parks which exceed 6,000 acres in size.

(2) Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignated as provided in this section.

(3) Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesignated as provided in this section.

(4) The following areas may be redesignated only as Class I or II:

(i) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a national primitive area, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and

(ii) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.

(f) [Reserved]

(g) Redesignation. (1) All areas (except as otherwise provided under paragraph (e) of this section) are designated Class II as of December 5, 1974. Redesignation (except as otherwise precluded by paragraph (e) of this section) may be proposed by the respective States or Indian Governing Bodies, as provided below, subject to approval by the Administrator as a revision to the applicable State implementation plan.

(2) The State may submit to the Administrator a proposal to redesignate areas of the State Class I or Class II provided that:

(i) At least one public hearing has been held in accordance with procedures established in §51.102 of this chapter;

(ii) Other States, Indian Governing Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least 30 days prior to the public hearing;

(iii) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social and energy effects of the proposed redesignation, was prepared and made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion;

(iv) Prior to the issuance of notice respecting the redesignation of an area that includes any Federal lands, the State has provided written notice to the appropriate Federal Land Manager and afforded adequate opportunity (not in excess of 60 days) to confer with the State respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the State shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with the reasons for making such redesignation against the recommendation of the Federal Land Manager); and

(v) The State has proposed the redesignation after consultation with the elected leadership of local and other substate general purpose governments in the area covered by the proposed redesignation.

(3) Any area other than an area to which paragraph (e) of this section refers may be redesignated as Class III if—

(i) The redesignation would meet the requirements of paragraph (g)(2) of this section;

(ii) The redesignation, except any established by an Indian Governing Body, has been specifically approved by the Governor of the State, after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the legislature, if it is not in session (unless State law provides that the redesignation must be specifically approved by State legislation) and if general purpose units of local government representing a majority of the residents of the area to be redesignated enact legislation or pass resolutions concurring in the redesignation:

(iii) The redesignation would not cause, or contribute to, a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any national ambient air quality standard; and

(iv) Any permit application for any major stationary source or major modification, subject to review under paragraph (l) of this section, which could receive a permit under this section only if the area in question were redesignated as Class III, and any material submitted as part of that application, were available insofar as was practicable for public inspection prior to any public hearing on redesignation of the area as Class III.

(4) Lands within the exterior boundaries of Indian Reservations may be redesignated only by the appropriate Indian Governing Body. The appropriate Indian Governing Body may submit to the Administrator a proposal to redesignate areas Class I, Class II, or Class III: Provided, That:

(i) The Indian Governing Body has followed procedures equivalent to those required of a State under paragraphs (g)(2), (g)(3)(iii), and (g)(3)(iv) of this section; and

(ii) Such redesignation is proposed after consultation with the State(s) in which the Indian Reservation is located and which border the Indian Reservation.

(5) The Administrator shall disapprove, within 90 days of submission, a proposed redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of this paragraph or is inconsistent with paragraph (e) of this section. If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.

(6) If the Administrator disapproves any proposed redesignation, the State or Indian Governing Body, as appropriate, may resubmit the proposal after correcting the deficiencies noted by the Administrator.

(h) Stack heights. (1) The degree of emission limitation required for control of any air pollutant under this section shall not be affected in any manner by—

(i) So much of the stack height of any source as exceeds good engineering practice, or

(ii) Any other dispersion technique.

(2) Paragraph (h)(1) of this section shall not apply with respect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then.

(i) Exemptions. (1) The requirements of paragraphs (j) through (r) of this section shall not apply to a particular major stationary source or major modification, if;

(i) Construction commenced on the source or modification before August 7, 1977. The regulations at 40 CFR 52.21 as in effect before August 7, 1977, shall govern the review and permitting of any such source or modification; or

(ii) The source or modification was subject to the review requirements of 40 CFR 52.21(d)(1) as in effect before March 1, 1978, and the owner or operator:

(a) Obtained under 40 CFR 52.21 a final approval effective before March 1, 1978;

(b) Commenced construction before March 19, 1979; and

(c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or

(iii) The source or modification was subject to 40 CFR 52.21 as in effect before March 1, 1978, and the review of an application for approval for the stationary source or modification under 40 CFR 52.21 would have been completed by March 1, 1978, but for an extension of the public comment period pursuant to a request for such an extension. In such a case, the application shall continue to be processed, and granted or denied, under 40 CFR 52.21 as in effect prior to March 1, 1978; or

(iv) The source or modification was not subject to 40 CFR 52.21 as in effect before March 1, 1978, and the owner or operator:

(a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the applicable State Implementation Plan before March 1, 1978;

(b) Commenced construction before March 19, 1979; and

(c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or

(v) The source or modification was not subject to 40 CFR 52.21 as in effect on June 19, 1978 or under the partial stay of regulations published on February 5, 1980 (45 FR 7800), and the owner or operator:

(a) Obtained all final Federal, state and local preconstruction approvals or permits necessary under the applicable State Implementation Plan before August 7, 1980;

(b) Commenced construction within 18 months from August 7, 1980, or any earlier time required under the applicable State Implementation Plan; and

(c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable time; or

(vi) The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution, and the governor of the state in which the source or modification would be located requests that it be exempt from those requirements; or

(vii) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:

(a) Coal cleaning plants (with thermal dryers);

(b) Kraft pulp mills;

(c) Portland cement plants;

(d) Primary zinc smelters;

(e) Iron and steel mills;

(f) Primary aluminum ore reduction plants;

(g) Primary copper smelters;

(h) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(i) Hydrofluoric, sulfuric, or nitric acid plants;

(j) Petroleum refineries;

(k) Lime plants;

(l) Phosphate rock processing plants;

(m) Coke oven batteries;

(n) Sulfur recovery plants;

(o) Carbon black plants (furnace process);

(p) Primary lead smelters;

(q) Fuel conversion plants;

(r) Sintering plants;

(s) Secondary metal production plants;

(t) Chemical process plants—The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;

(u) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(v) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(w) Taconite ore processing plants;

(x) Glass fiber processing plants;

(y) Charcoal production plants;

(z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

(aa) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act; or

(viii) The source is a portable stationary source which has previously received a permit under this section, and

(a) The owner or operator proposes to relocate the source and emissions of the source at the new location would be temporary; and

(b) The emissions from the source would not exceed its allowable emissions; and

(c) The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and

(d) Reasonable notice is given to the Administrator prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Administrator not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the Administrator.

(ix) The source or modification was not subject to §52.21, with respect to particulate matter, as in effect before July 31, 1987, and the owner or operator:

(a) Obtained all final Federal, State, and local preconstruction approvals or permits necessary under the applicable State implementation plan before July 31, 1987;

(b) Commenced construction within 18 months after July 31, 1987, or any earlier time required under the State implementation plan; and

(c) Did not discontinue construction for a period of 18 months or more and completed construction within a reasonable period of time.

(x) The source or modification was subject to 40 CFR 52.21, with respect to particulate matter, as in effect before July 31, 1987 and the owner or operator submitted an application for a permit under this section before that date, and the Administrator subsequently determines that the application as submitted was complete with respect to the particular matter requirements then in effect in the section. Instead, the requirements of paragraphs (j) through (r) of this section that were in effect before July 31, 1987 shall apply to such source or modification.

(2) The requirements of paragraphs (j) through (r) of this section shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment under section 107 of the Act. Nonattainment designations for revoked NAAQS, as contained in 40 CFR part 81, shall not be viewed as current designations under section 107 of the Act for purposes of determining the applicability of paragraphs (j) through (r) of this section to a major stationary source or major modification after the revocation of that NAAQS is effective.

(3) The requirements of paragraphs (k), (m) and (o) of this section shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification:

(i) Would impact no Class I area and no area where an applicable increment is known to be violated, and

(ii) Would be temporary.

(4) The requirements of paragraphs (k), (m) and (o) of this section as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than 50 tons per year.

(5) The Administrator may exempt a stationary source or modification from the requirements of paragraph (m) of this section, with respect to monitoring for a particular pollutant if:

(i) The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts:

(a) Carbon monoxide—575 µg/m3, 8-hour average;

(b) Nitrogen dioxide—14 µg/m3, annual average;

(c) PM2.5—0 µg/m3;

(c) Note to paragraph (i)(5)(i)(c): In accordance with Sierra Club v. EPA, 706 F.3d 428 (DC Cir. 2013), no exemption is available with regard to PM2.5.

(d) PM10—10 µg/m3, 24-hour average;

(e) Sulfur dioxide—13 µg/m3, 24-hour average;

(f) Ozone;

(g) Lead—0.1 µg/m3, 3-month average;

(h) Fluorides—0.25 µg/m3, 24-hour average;

(i) Total reduced sulfur—10 µg/m3, 1-hour average;

(j) Hydrogen sulfide—0.2 µg/m3, 1-hour average;

(k) Reduced sulfur compounds—10 µg/m3, 1-hour average; or

Note to paragraph (c)(50)(i)(f): No de minimis air quality level is provided for ozone. However, any net emissions increase of 100 tons per year or more of volatile organic compounds or nitrogen oxides subject to PSD would be required to perform an ambient impact analysis, including the gathering of ambient air quality data.

(ii) The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in paragraph (i)(5)(i) of this section; or

(iii) The pollutant is not listed in paragraph (i)(5)(i) of this section.

(6) The requirements for best available control technology in paragraph (j) of this section and the requirements for air quality analyses in paragraph (m)(1) of this section, shall not apply to a particular stationary source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submitted an application for a permit under those regulations before August 7, 1980, and the Administrator subsequently determines that the application as submitted before that date was complete. Instead, the requirements at 40 CFR 52.21(j) and (n) as in effect on June 19, 1978 apply to any such source or modification.

(7)(i) The requirements for air quality monitoring in paragraphs (m)(1) (ii) through (iv) of this section shall not apply to a particular source or modification that was subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submits an application for a permit under this section on or before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete with respect to the requirements of this section other than those in paragraphs (m)(1) (ii) through (iv) of this section, and with respect to the requirements for such analyses at 40 CFR 52.21(m)(2) as in effect on June 19, 1978. Instead, the latter requirements shall apply to any such source or modification.

(ii) The requirements for air quality monitoring in paragraphs (m)(1) (ii) through (iv) of this section shall not apply to a particular source or modification that was not subject to 40 CFR 52.21 as in effect on June 19, 1978, if the owner or operator of the source or modification submits an application for a permit under this section on or before June 8, 1981, and the Administrator subsequently determines that the application as submitted before that date was complete, except with respect to the requirements in paragraphs (m)(1) (ii) through (iv).

(8)(i) At the discretion of the Administrator, the requirements for air quality monitoring of PM10 in paragraphs (m)(1) (i)-(iv) of this section may not apply to a particular source or modification when the owner or operator of the source or modification submits an application for a permit under this section on or before June 1, 1988 and the Administrator subsequently determines that the application as submitted before that date was complete, except with respect to the requirements for monitoring particulate matter in paragraphs (m)(1) (i)-(iv).

(ii) The requirements for air quality monitoring pf PM10 in paragraphs (m)(1), (ii) and (iv) and (m)(3) of this section shall apply to a particular source or modification if the owner or operator of the source or modification submits an application for a permit under this section after June 1, 1988 and no later than December 1, 1988. The data shall have been gathered over at least the period from February 1, 1988 to the date the application becomes otherwise complete in accordance with the provisions set forth under paragraph (m)(1)(viii) of this section, except that if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have been gathered over a shorter period.

(9) The requirements of paragraph (k)(1)(ii) of this section shall not apply to a stationary source or modification with respect to any maximum allowable increase for nitrogen oxides if the owner or operator of the source or modification submitted an application for a permit under this section before the provisions embodying the maximum allowable increase took effect as part of the applicable implementation plan and the Administrator subsequently determined that the application as submitted before that date was complete.

(10) The requirements in paragraph (k)(1)(ii) of this section shall not apply to a stationary source or modification with respect to any maximum allowable increase for PM-10 if (i) the owner or operator of the source or modification submitted an application for a permit under this section before the provisions embodying the maximum allowable increases for PM-10 took effect in an implementation plan to which this section applies, and (ii) the Administrator subsequently determined that the application as submitted before that date was otherwise complete. Instead, the requirements in paragraph (k)(1)(ii) shall apply with respect to the maximum allowable increases for TSP as in effect on the date the application was submitted.

(11) The requirements of paragraph (k)(1) of this section shall not apply to a stationary source or modification with respect to the national ambient air quality standards for PM2.5 in effect on March 18, 2013 if:

(i) The Administrator has determined a permit application subject to this section to be complete on or before December 14, 2012. Instead, the requirements in paragraph (k)(1) of this section shall apply with respect to the national ambient air quality standards for PM2.5 in effect at the time the Administrator determined the permit application to be complete; or

(ii) The Administrator has first published before March 18, 2013 a public notice that a draft permit subject to this section has been prepared. Instead, the requirements in paragraph (k)(1) of this section shall apply with respect to the national ambient air quality standards for PM2.5 in effect on the date the Administrator first published a public notice that a draft permit has been prepared.

(12) The requirements of paragraph (k)(1) of this section shall not apply to a permit application for a stationary source or modification with respect to the revised national ambient air quality standards for ozone published on October 26, 2015 if:

(i) The Administrator has determined the permit application subject to this section to be complete on or before October 1, 2015. Instead, the requirements in paragraph (k)(1) of this section shall apply with respect to the national ambient air quality standards for ozone in effect at the time the Administrator determined the permit application to be complete; or

(ii) The Administrator has first published before December 28, 2015 a public notice of a preliminary determination or draft permit for the permit application subject to this section. Instead, the requirements in paragraph (k)(1) of this section shall apply with respect to the national ambient air quality standards for ozone in effect on the date the Administrator first published a public notice of a preliminary determination or draft permit.

(j) Control technology review. (1) A major stationary source or major modification shall meet each applicable emissions limitation under the State Implementation Plan and each applicable emissions standard and standard of performance under 40 CFR parts 60 and 61.

(2) A new major stationary source shall apply best available control technology for each regulated NSR pollutant that it would have the potential to emit in significant amounts.

(3) A major modification shall apply best available control technology for each regulated NSR pollutant for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.

(4) For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source.

(k) Source impact analysis—(1) Required demonstration. The owner or operator of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:

(i) Any national ambient air quality standard in any air quality control region; or

(ii) Any applicable maximum allowable increase over the baseline concentration in any area.

(2) [Reserved]

(l) Air quality models. (1) All estimates of ambient concentrations required under this paragraph shall be based on applicable air quality models, data bases, and other requirements specified in appendix W of part 51 of this chapter (Guideline on Air Quality Models).

(2) Where an air quality model specified in appendix W of part 51 of this chapter (Guideline on Air Quality Models) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis for a specific state program. Written approval of the Administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with paragraph (q) of this section.

(m) Air quality analysis—(1) Preapplication analysis. (i) Any application for a permit under this section shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants:

(a) For the source, each pollutant that it would have the potential to omit in a significant amount;

(b) For the modification, each pollutant for which it would result in a significant net emissions increase.

(ii) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air quality monitoring data as the Administrator determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

(iii) With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

(iv) In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that, if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that is required shall have been gathered over at least that shorter period.

(v) For any application which becomes complete, except as to the requirements of paragraphs (m)(1) (iii) and (iv) of this section, between June 8, 1981, and February 9, 1982, the data that paragraph (m)(1)(iii) of this section, requires shall have been gathered over at least the period from February 9, 1981, to the date the application becomes otherwise complete, except that:

(a) If the source or modification would have been major for that pollutant under 40 CFR 52.21 as in effect on June 19, 1978, any monitoring data shall have been gathered over at least the period required by those regulations.

(b) If the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than four months), the data that paragraph (m)(1)(iii) of this section, requires shall have been gathered over at least that shorter period.

(c) If the monitoring data would relate exclusively to ozone and would not have been required under 40 CFR 52.21 as in effect on June 19, 1978, the Administrator may waive the otherwise applicable requirements of this paragraph (v) to the extent that the applicant shows that the monitoring data would be unrepresentative of air quality over a full year.

(vi) The owner or operator of a proposed stationary source or modification of volatile organic compounds who satisfies all conditions of 40 CFR part 51 Appendix S, section IV may provide post-approval monitoring data for ozone in lieu of providing preconstruction data as required under paragraph (m)(1) of this section.

(vii) For any application that becomes complete, except as to the requirements of paragraphs (m)(1) (iii) and (iv) pertaining to PM10, after December 1, 1988 and no later than August 1, 1989 the data that paragraph (m)(1)(iii) requires shall have been gathered over at least the period from August 1, 1988 to the date the application becomes otherwise complete, except that if the Administrator determines that a complete and adequate analysis can be accomplished with monitoring data over a shorter period (not to be less than 4 months), the data that paragraph (m)(1)(iii) requires shall have been gathered over that shorter period.

(viii) With respect to any requirements for air quality monitoring of PM10 under paragraphs (i)(11) (i) and (ii) of this section the owner or operator of the source or modification shall use a monitoring method approved by the Administrator and shall estimate the ambient concentrations of PM10 using the data collected by such approved monitoring method in accordance with estimating procedures approved by the Administrator.

(2) Post-construction monitoring. The owner or operator of a major stationary source or major modification shall, after construction of the stationary source or modification, conduct such ambient monitoring as the Administrator determines is necessary to determine the effect emissions from the stationary source or modification may have, or are having, on air quality in any area.

(3) Operations of monitoring stations. The owner or operator of a major stationary source or major modification shall meet the requirements of Appendix B to part 58 of this chapter during the operation of monitoring stations for purposes of satisfying paragraph (m) of this section.

(n) Source information. The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under this section.

(1) With respect to a source or modification to which paragraphs (j), (l), (n) and (p) of this section apply, such information shall include:

(i) A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;

(ii) A detailed schedule for construction of the source or modification;

(iii) A detailed description as to what system of continuous emission reduction is planned for the source or modification, emission estimates, and any other information necessary to determine that best available control technology would be applied.

(2) Upon request of the Administrator, the owner or operator shall also provide information on:

(i) The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and

(ii) The air quality impacts, and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.

(o) Additional impact analyses. (1) The owner or operator shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

(2) The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial and other growth associated with the source or modification.

(3) Visibility monitoring. The Administrator may require monitoring of visibility in any Federal class I area near the proposed new stationary source for major modification for such purposes and by such means as the Administrator deems necessary and appropriate.

(p) Sources impacting Federal Class I areas—additional requirements—(1) Notice to Federal land managers. The Administrator shall provide written notice of any permit application for a proposed major stationary source or major modification, the emissions from which may affect a Class I area, to the Federal land manager and the Federal official charged with direct responsibility for management of any lands within any such area. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis of the proposed source's anticipated impacts on visibility in the Federal Class I area. The Administrator shall also provide the Federal land manager and such Federal officials with a copy of the preliminary determination required under paragraph (q) of this section, and shall make available to them any materials used in making that determination, promptly after the Administrator makes such determination. Finally, the Administrator shall also notify all affected Federal land managers within 30 days of receipt of any advance notification of any such permit application.

(2) Federal Land Manager. The Federal Land Manager and the Federal official charged with direct responsibility for management of such lands have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Administrator, whether a proposed source or modification will have an adverse impact on such values.

(3) Visibility analysis. The Administrator shall consider any analysis performed by the Federal land manager, provided within 30 days of the notification required by paragraph (p)(1) of this section, that shows that a proposed new major stationary source or major modification may have an adverse impact on visibility in any Federal Class I area. Where the Administrator finds that such an analysis does not demonstrate to the satisfaction of the Administrator that an adverse impact on visibility will result in the Federal Class I area, the Administrator must, in the notice of public hearing on the permit application, either explain his decision or give notice as to where the explanation can be obtained.

(4) Denial—impact on air quality related values. The Federal Land Manager of any such lands may demonstrate to the Administrator that the emissions from a proposed source or modification would have an adverse impact on the air quality-related values (including visibility) of those lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Administrator concurs with such demonstration, then he shall not issue the permit.

(5) Class I variances. The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the Federal land manager concurs with such demonstration and he so certifies, the State may authorize the Administrator: Provided, That the applicable requirements of this section are otherwise met, to issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, PM2.5, PM10, and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants:

PollutantMaximum
allowable
increase (micrograms per cubic meter)
PM2.5:
Annual arithmetic mean4
24-hr maximum9
PM10:
Annual arithmetic mean17
24-hr maximum30
Sulfur dioxide:
Annual arithmetic mean20
24-hr maximum91
3-hr maximum325
Nitrogen dioxide:
Annual arithmetic mean25

(6) Sulfur dioxide variance by Governor with Federal Land Manager's concurrence. The owner or operator of a proposed source or modification which cannot be approved under paragraph (q)(4) of this section may demonstrate to the Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of twenty-four hours or less applicable to any Class I area and, in the case of Federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the Administrator shall issue a permit to such source or modification pursuant to the requirements of paragraph (q)(7) of this section: Provided, That the applicable requirements of this section are otherwise met.

(7) Variance by the Governor with the President's concurrence. In any case where the Governor recommends a variance in which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the Governor's recommendation if he finds that the variance is in the national interest. If the variance is approved, the Administrator shall issue a permit pursuant to the requirements of paragraph (q)(7) of this section: Provided, That the applicable requirements of this section are otherwise met.

(8) Emission limitations for Presidential or gubernatorial variance. In the case of a permit issued pursuant to paragraph (q) (5) or (6) of this section the source or modification shall comply with such emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exceed the following maximum allowable increases over the baseline concentration and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period:

Maximum Allowable Increase

[Micrograms per cubic meter]

Period of exposureTerrain areas
LowHigh
24-hr maximum3662
3-hr maximum130221

(q) Public participation. The administrator shall follow the applicable procedures of 40 CFR part 124 in processing applications under this section.

(r) Source obligation. (1) Any owner or operator who constructs or operates a source or modification not in accordance with the application submitted pursuant to this section or with the terms of any approval to construct, or any owner or operator of a source or modification subject to this section who commences construction after the effective date of these regulations without applying for and receiving approval hereunder, shall be subject to appropriate enforcement action.

(2) Approval to construct shall become invalid if construction is not commenced within 18 months after receipt of such approval, if construction is discontinued for a period of 18 months or more, or if construction is not completed within a reasonable time. The Administrator may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date.

(3) Approval to construct shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the State implementation plan and any other requirements under local, State, or Federal law.

(4) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements or paragraphs (j) through (s) of this section shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(5) [Reserved]

(6) Except as otherwise provided in paragraph (r)(6)(vi)(b) of this section, the provisions of this paragraph (r)(6) apply with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility, within the meaning of paragraph (r)(6)(vi) of this section, that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant, and the owner or operator elects to use the method specified in paragraphs (b)(41)(ii)(a) through (c) of this section for calculating projected actual emissions.

(i) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

(a) A description of the project;

(b) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and

(c) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (b)(41)(ii)(c) of this section and an explanation for why such amount was excluded, and any netting calculations, if applicable.

(ii) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in paragraph (r)(6)(i) of this section to the Administrator. Nothing in this paragraph (r)(6)(ii) shall be construed to require the owner or operator of such a unit to obtain any determination from the Administrator before beginning actual construction.

(iii) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in paragraph (r)(6)(i)(b) of this section; and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of 5 years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit that regulated NSR pollutant at such emissions unit.

(iv) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Administrator within 60 days after the end of each year during which records must be generated under paragraph (r)(6)(iii) of this section setting out the unit's annual emissions during the calendar year that preceded submission of the report.

(v) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Administrator if the annual emissions, in tons per year, from the project identified in paragraph (r)(6)(i) of this section, exceed the baseline actual emissions (as documented and maintained pursuant to paragraph (r)(6)(i)(c) of this section), by a significant amount (as defined in paragraph (b)(23) of this section) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to paragraph (r)(6)(i)(c) of this section. Such report shall be submitted to the Administrator within 60 days after the end of such year. The report shall contain the following:

(a) The name, address and telephone number of the major stationary source;

(b) The annual emissions as calculated pursuant to paragraph (r)(6)(iii) of this section; and

(c) Any other information that the owner or operator wishes to include in the report (e.g., an explanation as to why the emissions differ from the preconstruction projection).

(vi) A “reasonable possibility” under paragraph (r)(6) of this section occurs when the owner or operator calculates the project to result in either:

(a) A projected actual emissions increase of at least 50 percent of the amount that is a “significant emissions increase,” as defined under paragraph (b)(40) of this section (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant; or

(b) A projected actual emissions increase that, added to the amount of emissions excluded under paragraph (b)(41)(ii)(c) of this section, sums to at least 50 percent of the amount that is a “significant emissions increase,” as defined under paragraph (b)(40) of this section (without reference to the amount that is a significant net emissions increase), for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of paragraph (r)(6)(vi)(b) of this section, and not also within the meaning of paragraph (r)(6)(vi)(a) of this section, then provisions (r)(6)(ii) through (v) do not apply to the project.

(7) The owner or operator of the source shall make the information required to be documented and maintained pursuant to paragraph (r)(6) of this section available for review upon a request for inspection by the Administrator or the general public pursuant to the requirements contained in §70.4(b)(3)(viii) of this chapter.

(s) Environmental impact statements. Whenever any proposed source or modification is subject to action by a Federal Agency which might necessitate preparation of an environmental impact statement pursuant to the National Environmental Policy Act (42 U.S.C. 4321), review by the Administrator conducted pursuant to this section shall be coordinated with the broad environmental reviews under that Act and under section 309 of the Clean Air Act to the maximum extent feasible and reasonable.

(t) Disputed permits or redesignations. If any State affected by the redesignation of an area by an Indian Governing Body, or any Indian Governing Body of a tribe affected by the redesignation of an area by a State, disagrees with such redesignation, or if a permit is proposed to be issued for any major stationary source or major modification proposed for construction in any State which the Governor of an affected State or Indian Governing Body of an affected tribe determines will cause or contribute to a cumulative change in air quality in excess of that allowed in this part within the affected State or Indian Reservation, the Governor or Indian Governing Body may request the Administrator to enter into negotiations with the parties involved to resolve such dispute. If requested by any State or Indian Governing Body involved, the Administrator shall make a recommendation to resolve the dispute and protect the air quality related values of the lands involved. If the parties involved do not reach agreement, the Administrator shall resolve the dispute and his determination, or the results of agreements reached through other means, shall become part of the applicable State implementation plan and shall be enforceable as part of such plan. In resolving such disputes relating to area redesignation, the Administrator shall consider the extent to which the lands involved are of sufficient size to allow effective air quality management or have air quality related values of such an area.

(u) Delegation of authority. (1) The Administrator shall have the authority to delegate his responsibility for conducting source review pursuant to this section, in accordance with paragraph (u)(2) of this section.

(2) Where the Administrator delegates the responsibility for conducting source review under this section to any agency other than a Regional Office of the Environmental Protection Agency, the following provisions shall apply:

(i) Where the delegate agency is not an air pollution control agency, it shall consult with the appropriate state, tribe, and local air pollution control agency prior to making any determination under this section. Similarly, where the delegate agency does not have continuing responsibility for managing land use, it shall consult with the appropriate state, tribe, and local agency primarily responsible for managing land use prior to making any determination under this section.

(ii) The delegate agency shall send a copy of any public comment notice required under paragraph (r) of this section to the Administrator through the appropriate Regional Office.

(3) In the case of a source or modification which proposes to construct in a class III area, emissions from which would cause or contribute to air quality exceeding the maximum allowable increase applicable if the area were designated a class II area, and where no standard under section 111 of the act has been promulgated for such source category, the Administrator must approve the determination of best available control technology as set forth in the permit.

(v) Innovative control technology. (1) An owner or operator of a proposed major stationary source or major modification may request the Administrator in writing no later than the close of the comment period under 40 CFR 124.10 to approve a system of innovative control technology.

(2) The Administrator shall, with the consent of the governor(s) of the affected state(s), determine that the source or modification may employ a system of innovative control technology, if:

(i) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;

(ii) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under paragraph (j)(2) of this section, by a date specified by the Administrator. Such date shall not be later than 4 years from the time of startup or 7 years from permit issuance;

(iii) The source or modification would meet the requirements of paragraphs (j) and (k) of this section, based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified by the Administrator;

(iv) The source or modification would not before the date specified by the Administrator:

(a) Cause or contribute to a violation of an applicable national ambient air quality standard; or

(b) Impact any area where an applicable increment is known to be violated; and

(v) All other applicable requirements including those for public participation have been met.

(vi) The provisions of paragraph (p) of this section (relating to Class I areas) have been satisfied with respect to all periods during the life of the source or modification.

(3) The Administrator shall withdraw any approval to employ a system of innovative control technology made under this section, if:

(i) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or

(ii) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

(iii) The Administrator decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

(4) If a source or modification fails to meet the required level of continuous emission reduction within the specified time period or the approval is withdrawn in accordance with paragraph (v)(3) of this section, the Administrator may allow the source or modification up to an additional 3 years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.

(w) Permit rescission. (1) Any permit issued under this section or a prior version of this section shall remain in effect, unless and until it expires under paragraph (r) of this section or is rescinded under this paragraph (w).

(2) An owner or operator of a stationary source or modification who holds a permit issued under this section for the construction of a new source or modification that meets the requirement in paragraph (w)(3) of this section may request that the Administrator rescind the permit or a particular portion of the permit.

(3) The Administrator may grant an application for rescission if the application shows that this section would not apply to the source or modification.

(4) If the Administrator rescinds a permit under this paragraph, the Administrator shall post a notice of the rescission determination on a public Web site identified by the Administrator within 60 days of the rescission.

(x)-(z) [Reserved]

(aa) Actuals PALs. The provisions in paragraphs (aa)(1) through (15) of this section govern actuals PALs.

(1) Applicability. (i) The Administrator may approve the use of an actuals PAL, including for GHGs on either a mass basis or a CO2e basis, for any existing major stationary source or any existing GHG-only source if the PAL meets the requirements in paragraphs (aa)(1) through (15) of this section. The term “PAL” shall mean “actuals PAL” throughout paragraph (aa) of this section.

(ii) Any physical change in or change in the method of operation of a major stationary source or a GHG-only source that maintains its total source-wide emissions below the PAL level, meets the requirements in paragraphs (aa)(1) through (15) of this section, and complies with the PAL permit:

(a) Is not a major modification for the PAL pollutant;

(b) Does not have to be approved through the PSD program;

(c) Is not subject to the provisions in paragraph (r)(4) of this section (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program); and

(d) Does not make GHGs subject to regulation as defined by paragraph (b)(49) of this section.

(iii) Except as provided under paragraph (aa)(1)(ii)(c) of this section, a major stationary source or a GHG-only source shall continue to comply with all applicable Federal or State requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.

(2) Definitions. For the purposes of this section, the definitions in paragraphs (aa)(2)(i) through (xi) of this section apply. When a term is not defined in these paragraphs, it shall have the meaning given in paragraph (b) of this section or in the Act.

(i) Actuals PAL for a major stationary source means a PAL based on the baseline actual emissions (as defined in paragraph (b)(48) of this section) of all emissions units (as defined in paragraph (b)(7) of this section) at the source, that emit or have the potential to emit the PAL pollutant. For a GHG-only source, actuals PAL means a PAL based on the baseline actual emissions (as defined in paragraph (aa)(2)(xiii) of this section) of all emissions units (as defined in paragraph (aa)(2)(xiv) of this section) at the source, that emit or have the potential to emit GHGs.

(ii) Allowable emissions means “allowable emissions” as defined in paragraph (b)(16) of this section, except as this definition is modified according to paragraphs (aa)(2)(ii)(a) and (b) of this section.

(a) The allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

(b) An emissions unit's potential to emit shall be determined using the definition in paragraph (b)(4) of this section, except that the words “or enforceable as a practical matter” should be added after “federally enforceable.”

(iii) Small emissions unit means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in paragraph (b)(23) of this section or in the Act, whichever is lower. For a GHG PAL issued on a CO2e basis, small emissions unit means an emissions unit that emits or has the potential to emit less than the amount of GHGs on a CO2e basis defined as “significant” for the purposes of paragraph (b)(49)(iii) of this section at the time the PAL permit is being issued.

(iv) Major emissions unit means:

(a) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or

(b) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Act for nonattainment areas. For example, in accordance with the definition of major stationary source in section 182(c) of the Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year.

(c) For a GHG PAL issued on a CO2e basis, any emissions unit that emits or has the potential to emit equal to or greater than the amount of GHGs on a CO2e basis that would be sufficient for a new source to trigger permitting requirements under paragraph (b)(49) of this section at the time the PAL permit is being issued.

(v) Plantwide applicability limitation (PAL) means an emission limitation expressed on a mass basis in tons per year, or expressed in tons per year CO2e for a CO2e-based GHG emission limitation, for a pollutant at a major stationary source or GHG-only source, that is enforceable as a practical matter and established source-wide in accordance with paragraphs (aa)(1) through (15) of this section.

(vi) PAL effective date generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(vii) PAL effective period means the period beginning with the PAL effective date and ending 10 years later.

(viii) PAL major modification means, notwithstanding paragraphs (b)(2), (b)(3), and (b)(49) of this section (the definitions for major modification, net emissions increase, and subject to regulation), any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(ix) PAL permit means the major NSR permit, the minor NSR permit, or the State operating permit under a program that is approved into the State Implementation Plan, or the title V permit issued by the Administrator that establishes a PAL for a major stationary source or a GHG-only source.

(x) PAL pollutant means the pollutant for which a PAL is established at a major stationary source or a GHG-only source. For a GHG-only source, the only available PAL pollutant is greenhouse gases.

(xi) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in paragraph (b)(23) of this section or in the Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (aa)(2)(iv) of this section. For a GHG PAL issued on a CO2e basis, significant emissions unit means any emissions unit that emits or has the potential to emit GHGs on a CO2e basis in amounts equal to or greater than the amount that would qualify the unit as small emissions unit as defined in paragraph (aa)(2)(iii) of this section, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (aa)(2)(iv)(c) of this section.

(xii) GHG-only source means any existing stationary source that emits or has the potential to emit GHGs in the amount equal to or greater than the amount of GHGs on a mass basis that would be sufficient for a new source to trigger permitting requirements for GHGs under paragraph (b)(1) of this section and the amount of GHGs on a CO2e basis that would be sufficient for a new source to trigger permitting requirements for GHGs under paragraph (b)(49) of this section at the time the PAL permit is being issued, but does not emit or have the potential to emit any other non-GHG regulated NSR pollutant at or above the applicable major source threshold. A GHG-only source may only obtain a PAL for GHG emissions under paragraph (aa) of this section.

(xiii) Baseline actual emissions for a GHG PAL means the average rate, in tons per year CO2e or tons per year GHG, as applicable, at which the emissions unit actually emitted GHGs during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Administrator for a permit required under this section or by the permitting authority for a permit required by a plan, whichever is earlier. For any existing electric utility steam generating unit, baseline actual emissions for a GHG PAL means the average rate, in tons per year CO2e or tons per year GHG, as applicable, at which the emissions unit actually emitted the GHGs during any consecutive 24-month period selected by the owner or operator within the 5-year period immediately preceding either the date the owner or operator begins actual construction of the project, except that the Administrator shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

(a) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

(b) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24-month period.

(c) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the stationary source must currently comply, had such stationary source been required to comply with such limitations during the consecutive 24-month period.

(d) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual GHG emissions and for adjusting this amount if required by paragraphs (aa)(2)(xiii)(b) and (c) of this section.

(xiv) Emissions unit with respect to GHGs means any part of a stationary source that emits or has the potential to emit GHGs. For purposes of this section, there are two types of emissions units as described in the following:

(a) A new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than 2 years from the date such emissions unit first operated.

(b) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (aa)(2)(xiv)(a) of this section.

(xv) Minor source means any stationary source that does not meet the definition of major stationary source in paragraph (b)(1) of this section for any pollutant at the time the PAL is issued.

(3) Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source or a GHG-only source shall submit the following information to the Administrator for approval:

(i) A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal or State applicable requirements, emission limitations, or work practices apply to each unit.

(ii) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and malfunction.

(iii) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (aa)(13)(i) of this section.

(iv) As part of a permit application requesting a GHG PAL, the owner or operator of a major stationary source or a GHG-only source shall submit a statement by the source owner or operator that clarifies whether the source is an existing major source as defined in paragraph (b)(1)(i)(a) and (b) of this section or a GHG-only source as defined in paragraph (aa)(2)(xii) of this section.

(4) General requirements for establishing PALs. (i) The Administrator is allowed to establish a PAL at a major stationary source or a GHG-only source, provided that at a minimum, the requirements in paragraphs (aa)(4)(i)(a) through (g) of this section are met.

(a) The PAL shall impose an annual emission limitation expressed on a mass basis in tons per year, or expressed in tons per year CO2e, that is enforceable as a practical matter, for the entire major stationary source or GHG-only source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source or GHG-only source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source or GHG-only source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.

(b) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (aa)(5) of this section.

(c) The PAL permit shall contain all the requirements of paragraph (aa)(7) of this section.

(d) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source or GHG-only source.

(e) Each PAL shall regulate emissions of only one pollutant.

(f) Each PAL shall have a PAL effective period of 10 years.

(g) The owner or operator of the major stationary source or GHG-only source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (aa)(12) through (14) of this section for each emissions unit under the PAL through the PAL effective period.

(ii) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under §51.165(a)(3)(ii) of this chapter unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

(5) Public participation requirements for PALs. PALs for existing major stationary sources or GHG-only sources shall be established, renewed, or increased through a procedure that is consistent with §§51.160 and 51.161 of this chapter. This includes the requirement that the Administrator provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The Administrator must address all material comments before taking final action on the permit.

(6) Setting the 10-year actuals PAL level. (i) Except as provided in paragraph (aa)(6)(ii) and (iii) of this section, the plan shall provide that the actuals PAL level for a major stationary source or a GHG-only source shall be established as the sum of the baseline actual emissions (as defined in paragraph (b)(48) of this section or, for GHGs, paragraph (aa)(2)(xiii) of this section) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under paragraph (b)(23) of this section or under the Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The reviewing authority shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or State regulatory requirement(s) that the reviewing authority is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).

(ii) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in paragraph (aa)(6)(i) of this section, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.

(iii) For CO2e based GHG PAL, the actuals PAL level shall be established as the sum of the GHGs baseline actual emissions (as defined in paragraph (aa)(2)(xiii) of this section) of GHGs for each emissions unit at the source, plus an amount equal to the amount defined as “significant” on a CO2e basis for the purposes of paragraph (b)(49)(iii) at the time the PAL permit is being issued. When establishing the actuals PAL level for a CO2e-based PAL, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The reviewing authority shall specify a reduced PAL level (in tons per year CO2e) in the PAL permit to become effective on the future compliance date(s) of any applicable Federal or state regulatory requirement(s) that the reviewing authority is aware of prior to issuance of the PAL permit.

(7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the information in paragraphs (aa)(7)(i) through (xi) of this section.

(i) The PAL pollutant and the applicable source-wide emission limitation in tons per year or tons per year CO2e.

(ii) The PAL permit effective date and the expiration date of the PAL (PAL effective period).

(iii) Specification in the PAL permit that if a major stationary source or a GHG-only source owner or operator applies to renew a PAL in accordance with paragraph (aa)(10) of this section before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by a reviewing authority.

(iv) A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunctions.

(v) A requirement that, once the PAL expires, the major stationary source or GHG-only source is subject to the requirements of paragraph (aa)(9) of this section.

(vi) The calculation procedures that the major stationary source or GHG-only source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as required by paragraph (aa)(13)(i) of this section.

(vii) A requirement that the major stationary source or GHG-only source owner or operator monitor all emissions units in accordance with the provisions under paragraph (aa)(12) of this section.

(viii) A requirement to retain the records required under paragraph (aa)(13) of this section on site. Such records may be retained in an electronic format.

(ix) A requirement to submit the reports required under paragraph (aa)(14) of this section by the required deadlines.

(x) Any other requirements that the Administrator deems necessary to implement and enforce the PAL.

(xi) A permit for a GHG PAL issued to a GHG-only source shall also include a statement denoting that GHG emissions at the source will not be subject to regulation under paragraph (b)(49) of this section as long as the source complies with the PAL.

(8) PAL effective period and reopening of the PAL permit. The requirements in paragraphs (aa)(8)(i) and (ii) of this section apply to actuals PALs.

(i) PAL effective period. The Administrator shall specify a PAL effective period of 10 years.

(ii) Reopening of the PAL permit. (a) During the PAL effective period, the Administrator must reopen the PAL permit to:

(1) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;

(2) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under §51.165(a)(3)(ii) of this chapter; and

(3) Revise the PAL to reflect an increase in the PAL as provided under paragraph (aa)(11) of this section.

(b) The Administrator shall have discretion to reopen the PAL permit for the following:

(1) Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date;

(2) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the State may impose on the major stationary source or GHG-only source under the State Implementation Plan; and

(3) Reduce the PAL if the reviewing authority determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public.

(c) Except for the permit reopening in paragraph (aa)(8)(ii)(a)(1) of this section for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of paragraph (aa)(5) of this section.

(9) Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in paragraph (aa)(10) of this section shall expire at the end of the PAL effective period, and the requirements in paragraphs (aa)(9)(i) through (v) of this section shall apply.

(i) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the procedures in paragraphs (aa)(9)(i)(a) and (b) of this section.

(a) Within the time frame specified for PAL renewals in paragraph (aa)(10)(ii) of this section, the major stationary source or GHG-only source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Administrator) by distributing the PAL allowable emissions for the major stationary source or GHG-only source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (aa)(10)(v) of this section, such distribution shall be made as if the PAL had been adjusted.

(b) The Administrator shall decide whether and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Administrator determines is appropriate.

(ii) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Administrator may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limitation.

(iii) Until the Administrator issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph (aa)(9)(i)(b) of this section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.

(iv) Any physical change or change in the method of operation at the major stationary source or GHG-only source will be subject to major NSR requirements if such change meets the definition of major modification in paragraph (b)(2) of this section.

(v) The major stationary source or GHG-only source owner or operator shall continue to comply with any State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to paragraph (r)(4) of this section, but were eliminated by the PAL in accordance with the provisions in paragraph (aa)(1)(ii)(c) of this section.

(10) Renewal of a PAL. (i) The Administrator shall follow the procedures specified in paragraph (aa)(5) of this section in approving any request to renew a PAL for a major stationary source or a GHG-only source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Administrator.

(ii) Application deadline. A major stationary source or GHG-only source owner or operator shall submit a timely application to the Administrator to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source or GHG-only source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.

(iii) Application requirements. The application to renew a PAL permit shall contain the information required in paragraphs (aa)(10)(iii)(a) through (d) of this section.

(a) The information required in paragraphs (aa)(3)(i) through (iii) of this section.

(b) A proposed PAL level.

(c) The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).

(d) Any other information the owner or operator wishes the Administrator to consider in determining the appropriate level for renewing the PAL.

(iv) PAL adjustment. In determining whether and how to adjust the PAL, the Administrator shall consider the options outlined in paragraphs (aa)(10)(iv)(a) and (b) of this section. However, in no case may any such adjustment fail to comply with paragraph (aa)(10)(iv)(c) of this section.

(a) If the emissions level calculated in accordance with paragraph (aa)(6) of this section is equal to or greater than 80 percent of the PAL level, the Administrator may renew the PAL at the same level without considering the factors set forth in paragraph (aa)(10)(iv)(b) of this section; or

(b) The Administrator may set the PAL at a level that he or she determines to be more representative of the source's baseline actual emissions, or that he or she determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Administrator in his or her written rationale.

(c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b) of this section:

(1) If the potential to emit of the major stationary source or GHG-only source is less than the PAL, the Administrator shall adjust the PAL to a level no greater than the potential to emit of the source; and

(2) The Administrator shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source or GHG-only source has complied with the provisions of paragraph (aa)(11) of this section (increasing a PAL).

(v) If the compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Administrator has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal, whichever occurs first.

(11) Increasing a PAL during the PAL effective period. (i) The Administrator may increase a PAL emission limitation only if the major stationary source or GHG-only source complies with the provisions in paragraphs (aa)(11)(i)(a) through (d) of this section.

(a) The owner or operator of the major stationary source or GHG-only source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary or GHG-only source's emissions to equal or exceed its PAL.

(b) As part of this application, the major stationary source or GHG-only source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

(c) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph (aa)(11)(i)(a) of this section, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL.

(d) The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(ii) The Administrator shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph (aa)(11)(i)(b)), plus the sum of the baseline actual emissions of the small emissions units.

(iii) The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of paragraph (aa)(5) of this section.

(12) Monitoring requirements for PALs. (i) General requirements. (a) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time or CO2e per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

(b) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs (aa)(12)(ii)(a) through (d) of this section and must be approved by the Administrator.

(c) Notwithstanding paragraph (aa)(12)(i)(b) of this section, you may also employ an alternative monitoring approach that meets paragraph (aa)(12)(i)(a) of this section if approved by the Administrator.

(d) Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid.

(ii) Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in paragraphs (aa)(12)(iii) through (ix) of this section:

(a) Mass balance calculations for activities using coatings or solvents;

(b) CEMS;

(c) CPMS or PEMS; and

(d) Emission factors.

(iii) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:

(a) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;

(b) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

(c) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Administrator determines there is site-specific data or a site-specific monitoring program to support another content within the range.

(iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

(a) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, appendix B; and

(b) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating.

(v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

(a) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and

(b) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Administrator, while the emissions unit is operating.

(vi) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

(a) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development;

(b) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

(c) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months of PAL permit issuance, unless the Administrator determines that testing is not required.

(vii) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

(viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii) through (vii) of this section, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Administrator shall, at the time of permit issuance:

(a) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or

(b) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.

(ix) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Administrator. Such testing must occur at least once every 5 years after issuance of the PAL.

(13) Recordkeeping requirements. (i) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of paragraph (aa) of this section and of the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date of such record.

(ii) The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus 5 years:

(a) A copy of the PAL permit application and any applications for revisions to the PAL; and

(b) Each annual certification of compliance pursuant to title V and the data relied on in certifying the compliance.

(14) Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Administrator in accordance with the applicable title V operating permit program. The reports shall meet the requirements in paragraphs (aa)(14)(i) through (iii) of this section.

(i) Semi-annual report. The semi-annual report shall be submitted to the Administrator within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs (aa)(14)(i)(a) through (g) of this section.

(a) The identification of owner and operator and the permit number.

(b) Total annual emissions (expressed on a mass-basis in tons per year, or expressed in tons per year CO2e) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (aa)(13)(i) of this section.

(c) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions.

(d) A list of any emissions units modified or added to the major stationary source or GHG-only source during the preceding 6-month period.

(e) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken.

(f) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by (aa)(12)(vii).

(g) A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.

(ii) Deviation report. The major stationary source or GHG-only source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to §70.6(a)(3)(iii)(B) of this chapter shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing §70.6(a)(3)(iii)(B) of this chapter. The reports shall contain the following information:

(a) The identification of owner and operator and the permit number;

(b) The PAL requirement that experienced the deviation or that was exceeded;

(c) Emissions resulting from the deviation or the exceedance; and

(d) A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.

(iii) Re-validation results. The owner or operator shall submit to the Administrator the results of any re-validation test or method within 3 months after completion of such test or method.

(15) Transition requirements. (i) The Administrator may not issue a PAL that does not comply with the requirements in paragraphs (aa)(1) through (15) of this section after March 3, 2003.

(ii) The Administrator may supersede any PAL that was established prior to March 3, 2003 with a PAL that complies with the requirements of paragraphs (aa)(1) through (15) of this section.

(bb) If any provision of this section, or the application of such provision to any person or circumstance, is held invalid, the remainder of this section, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

(cc) Without regard to other considerations, routine maintenance, repair and replacement includes, but is not limited to, the replacement of any component of a process unit with an identical or functionally equivalent component(s), and maintenance and repair activities that are part of the replacement activity, provided that all of the requirements in paragraphs (cc)(1) through (3) of this section are met.

(1) Capital cost threshold for equipment replacement. (i) For an electric utility steam generating unit, as defined in §52.21(b)(31), the fixed capital cost of the replacement component(s) plus the cost of any associated maintenance and repair activities that are part of the replacement shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced. For a process unit that is not an electric utility steam generating unit the fixed capital cost of the replacement component(s) plus the cost of any associated maintenance and repair activities that are part of the replacement shall not exceed 20 percent of the replacement value of the process unit, at the time the equipment is replaced.

(ii) In determining the replacement value of the process unit; and, except as otherwise allowed under paragraph (cc)(1)(iii) of this section, the owner or operator shall determine the replacement value of the process unit on an estimate of the fixed capital cost of constructing a new process unit, or on the current appraised value of the process unit.

(iii) As an alternative to paragraph (cc)(1)(ii) of this section for determining the replacement value of a process unit, an owner or operator may choose to use insurance value (where the insurance value covers only complete replacement), investment value adjusted for inflation, or another accounting procedure if such procedure is based on Generally Accepted Accounting Principles, provided that the owner or operator sends a notice to the reviewing authority. The first time that an owner or operator submits such a notice for a particular process unit, the notice may be submitted at any time, but any subsequent notice for that process unit may be submitted only at the beginning of the process unit's fiscal year. Unless the owner or operator submits a notice to the reviewing authority, then paragraph (cc)(1)(ii) of this section will be used to establish the replacement value of the process unit. Once the owner or operator submits a notice to use an alternative accounting procedure, the owner or operator must continue to use that procedure for the entire fiscal year for that process unit. In subsequent fiscal years, the owner or operator must continue to use this selected procedure unless and until the owner or operator sends another notice to the reviewing authority selecting another procedure consistent with this paragraph or paragraph (cc)(1)(ii) of this section at the beginning of such fiscal year.

(2) Basic design parameters. The replacement does not change the basic design parameter(s) of the process unit to which the activity pertains.

(i) Except as provided in paragraph (cc)(2)(iii) of this section, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on British Thermal Units content shall be used for determining the basic design parameter(s) for a coal-fired electric utility steam generating unit.

(ii) Except as provided in paragraph (cc)(2)(iii) of this section, the basic design parameter(s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or operator should consider the primary product or primary raw material when selecting a basic design parameter.

(iii) If the owner or operator believes the basic design parameter(s) in paragraphs (cc)(2)(i) and (ii) of this section is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the reviewing authority an alternative basic design parameter(s) for the source's process unit(s). If the reviewing authority approves of the use of an alternative basic design parameter(s), the reviewing authority shall issue a permit that is legally enforceable that records such basic design parameter(s) and requires the owner or operator to comply with such parameter(s).

(iv) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameter(s) specified in paragraphs (cc)(2)(i) and (ii) of this section.

(v) If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameter(s) using the maximum value achieved by the process unit in the five-year period immediately preceding the planned activity.

(vi) Efficiency of a process unit is not a basic design parameter.

(3) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable.

Note to paragraph (cc): By a court order on December 24, 2003, this paragraph (cc) is stayed indefinitely. The stayed provisions will become effective immediately if the court terminates the stay. At that time, EPA will publish a document in the Federal Register advising the public of the termination of the stay.

[43 FR 26403, June 19, 1978]

Editorial Note: For Federal Register citations affecting §52.21, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Effective Date Note: At 76 FR 17556, Mar. 30, 2011, §52.21(b)(2)(v) and (b)(3)(iii)(c) were stayed indefinitely.

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§52.23   Violation and enforcement.

Failure to comply with any provisions of this part, or with any approved regulatory provision of a State implementation plan, or with any permit condition or permit denial issued pursuant to approved or promulgated regulations for the review of new or modified stationary or indirect sources, or with any permit limitation or condition contained within an operating permit issued under an EPA-approved program that is incorporated into the State implementation plan, shall render the person or governmental entity so failing to comply in violation of a requirement of an applicable implementation plan and subject to enforcement action under section 113 of the Clean Air Act. With regard to compliance schedules, a person or Governmental entity will be considered to have failed to comply with the requirements of this part if it fails to timely submit any required compliance schedule, if the compliance schedule when submitted does not contain each of the elements it is required to contain, or if the person or Governmental entity fails to comply with such schedule.

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

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§52.24   Statutory restriction on new sources.

(a) Any area designated nonattainment pursuant to section 107(d) of the Act to which, immediately prior to the enactment of the Amendments to the Act of 1990 (November 15, 1990), a prohibition of construction or modification of major stationary sources was applied, shall retain that prohibition if such prohibition was applied by virtue of a finding of the Administrator that the State containing such an area:

(1) Failed to submit an implementation plan meeting the requirements of an approvable new source review permitting program; or

(2) Failed to submit an implementation plan that provided for timely attainment of the national ambient air quality standard for sulfur dioxide by December 31, 1982. This prohibition shall apply until the Administrator approves a plan for such area as meeting the applicable requirements of part D of title I of the Act as amended (NSR permitting requirements) or subpart 5 of part D of title I of the Act as amended (relating to attainment of the national ambient air quality standards for sulfur dioxide), as applicable.

(b) Permits to construct and operate as required by permit programs under section 172(c)(5) of the Act may not be issued for new or modified major stationary sources proposing to locate in nonattainment areas or areas in a transport region where the Administrator has determined that the applicable implementation plan is not being adequately implemented for the nonattainment area or transport region in which the proposed source is to be constructed or modified in accordance with the requirements of part D of title I of the Act.

(c) Whenever, on the basis of any information, the Administrator finds that a State is not in compliance with any requirement or prohibition of the Act relating to the construction of new sources or the modification of existing sources, the Administrator may issue an order under section 113(a)(5) of the Act prohibiting the construction or modification of any major stationary source in any area to which such requirement applies.

(d) The restrictions in paragraphs (a) and (b) of this section apply only to major stationary sources of emissions that cause or contribute to concentrations of the pollutant (or precursors, as applicable) for which the transport region or nonattainment area was designated such, and for which the applicable implementation plan is not being carried out in accordance with, or does not meet, the requirements of part D of title I of the Act.

(e) For any transport region or any area designated as nonattainment for any national ambient air quality standard, the restrictions in paragraphs (a) and (b) of this section shall apply to any major stationary source or major modification that would be major for the pollutant (or precursors, where applicable) for which the area is designated nonattainment or a transport region, if the stationary source or major modification would be constructed anywhere in the designated nonattainment area or transport region.

(f) The provisions in §51.165 of this chapter shall apply in interpreting the terms under this section.

(g) At such time that a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then:

(1) If the construction moratorium imposed pursuant to this section is still in effect for the nonattainment area or transport region in which the source or modification is located, then the permit may not be so revised; or

(2) If the construction moratorium is no longer in effect in that area, then the requirements of §51.165 of this chapter shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(h) This section does not apply to major stationary sources or major modifications locating in a clearly defined part of a nonattainment area or transport region (such as a political subdivision of a State), where EPA finds that a plan which meets the requirements of part D of title I of the Act is in effect and is being implemented in that part.

(i)-(j) [Reserved]

(k) For an area designated as nonattainment after July 1, 1979, the Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S shall govern permits to construct and operate applied for during the period between the date of designation as nonattainment and the date the NSR permit program meeting the requirements of part D is approved. The Emission Offset Interpretative Ruling, 40 CFR part 51, appendix S, shall also govern permits to construct and operate applied for in any area designated under section 107(d) of the CAA as attainment or unclassifiable for ozone that is located in an ozone transport region prior to the date the NSR permitting program meeting the requirements of part D is approved.

[70 FR 71704, Nov. 29, 2005]

Editorial Note: For Federal Register citations affecting §52.24, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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§52.26   [Reserved]

§52.27   Protection of visibility from sources in attainment areas.

(a) Plan disapproval. The provisions of this section are applicable to any State implementation plan which has been disapproved with respect to protection of visibility, in mandatory Class I Federal areas, from sources emitting pollutants in any portion of any State where the existing air quality is better than the national ambient air quality standards for such pollutants, and where a State PSD program has been approved as part of the applicable SIP pursuant to 40 CFR 51.24. Specific disapprovals are listed where applicable in Subparts B through DDD of this part. The provisions of this section have been incorporated by reference into the applicable implementation plans for various States, as provided in Subparts B through DDD of this part.

(b) Definitions. For purposes of this section, all terms shall have the meaning ascribed to them in the Clean Air Act, in the prevention of significant deterioration (PSD) program approved as part of the applicable SIP pursuant to 40 CFR 51.24 for the State, or in the protection of visibility program (40 CFR 51.301), all as in effect on July 12, 1985.

(c) Federal visibility analysis. Any person shall have the right, in connection with any application for a permit to construct a major stationary source or major modification, to request that the administrator take responsibility from the State for conducting the required review of a proposed source's impact on visibility in any Federal Class I area. If requested, the Administrator shall take such responsibility and conduct such review pursuant to paragraphs (e), (f) and (g) of this section in any case where the State fails to provide all of the procedural steps listed in paragraph (d) of this section. A request pursuant to this paragraph must be made within 60 days of the notice soliciting public comment on a permit, unless such notice is not properly given. The Administrator will not entertain requests challenging the substance of any State action concerning visibility where the State has provided all of the procedural steps listed in paragraph (d) of this section.

(d) Procedural steps in visibility review. (1) The reviewing authority must provide written notification to all affected Federal land managers of any permit application for any proposed new major stationary source or major modification that may affect visibility in any Federal Class I area. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include the proposed source's anticipated impacts on visibility in any Federal Class I area as provided by the applicant. Notification must also be given to all affected Federal land managers within 30 days of receipt of any advance notification of any such permit application.

(2) The reviewing authority must consider any analysis performed by the Federal land managers, provided within 30 days of the notification required by paragraph (d)(1) of this section, that shows that such proposed new major stationary source or major modification may have:

(i) An adverse impact on visibility in any Federal Class I area, or

(ii) An adverse impact on visibility in an integral vista codified in part 81 of this title.

(3) Where the reviewing authority finds that such an analysis does not demonstrate that the effect in paragraphs (d)(2) (i) or (ii) of this section will occur, either an explanation of its decision or notification as to where the explanation can be obtained must be included in the notice of public hearing.

(4) Where the reviewing authority finds that such an analysis does demonstrate that the effect in paragraph (d)(2)(i) of this section will occur, the permit shall not be issued.

(5) Where the reviewing authority finds that such an analysis does demonstrate that the effect in paragraph (d)(2)(ii) of this section will occur, the reviewing authority may issue a permit if the emissions from the source or modification will be consistent with reasonable progress toward the national goal. In making this decision, the reviewing authority may take into account the costs of compliance, the time necessary for compliance, the energy and nonair quality environmental impacts of compliance, and the useful life of the source.

(e) Federal land manager notification. The Administrator shall provide all of the procedural steps listed in paragraph (d) of this section in conducting reviews pursuant to this section.

(f) Monitoring. The Administrator may require monitoring of visibility in any Federal Class I area near the proposed new stationary source or major modification for such purposes and by such means as the Administrator deems necessary and appropriate.

(g) Public participation. The Administrator shall follow the applicable procedures at 40 CFR part 124 in conducting reviews under this section. The Administrator shall follow the procedures at 40 CFR 52.21(q) as in effect on August 7, 1980, to the extent that the procedures of 40 CFR part 124 do not apply.

(h) Federal permit. In any case where the Administrator has made a finding that a State consistently fails or is unable to provide the procedural steps listed in paragraph (d) of this section, the Administrator shall require all prospective permit applicants in such State to apply directly to the Administrator, and the Administrator shall conduct a visibility review pursuant to this section for all permit applications.

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

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§52.28   Protection of visibility from sources in nonattainment areas.

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

(b) Definitions. For the purposes of this section:

(1) Visibility protection area means any area listed in 40 CFR 81.401-81.436 (1984).

(2) All other terms shall have the meaning ascribed to them in the protection of visibility program (40 CFR 51.301) or the prevention of significant deterioration (PSD) program either approved as part of the applicable SIP pursuant to 40 CFR 51.24 or in effect for the applicable SIP pursuant to 40 CFR 52.21, all as in effect on July 12, 1985.

(c) Review of major stationary sources and major modifications—source applicability and exemptions. (1) No stationary source or modification to which the requirements of this section apply shall begin actual construction without a permit which states that the stationary source or modification would meet those requirements. The Administrator has sole authority to issue any such permit unless the authority has been delegated pursuant to paragraph (i) of this section.

(2) The requirements of this section shall apply to construction of any new major stationary source or major modification that would both be constructed in an area classified as nonattainment under section 107(d)(1)(A), (B) or (C) of the Clean Air Act and potentially have an impact on visibility in any visibility protection area.

(3) The requirements of this section shall apply to any such major stationary source and any such major modification with respect to each pollutant subject to regulation under the Clean Air Act that it would emit, except as this section otherwise provides.

(4) The requirements of this section shall not apply to a particular major stationary source or major modification, if:

(i) The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution, and the governor of the State in which the source or modification would be located requests that it be exempt from those requirements; or

(ii) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:

(A) Coal cleaning plants (with thermal dryers);

(B) Kraft pulp mills;

(C) Portland cement plants;

(D) Primary zinc smelters;

(E) Iron and steel mills;

(F) Primary aluminum ore reduction plants;

(G) Primary copper smelters;

(H) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(I) Hydrofluoric, sulfuric, or nitric acid plants;

(J) Petroleum refineries;

(K) Lime plants;

(L) Phosphate rock processing plants;

(M) Coke oven batteries;

(N) Sulfur recovery plants;

(O) Carbon black plants (furnace process);

(P) Primary lead smelters;

(Q) Fuel conversion plants;

(R) Sintering plants;

(S) Secondary metal production plants;

(T) Chemical process plants;

(U) Fossil-fuel boiler (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(W) Taconite ore processing plants;

(X) Glass fiber processing plants;

(Y) Charcoal production plants;

(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;

(AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act; or

(iii) The source is a portable stationary source which has previously received a permit under this section, and

(A) The owner or operator proposes to relocate the source and emissions of the source at the new location would be temporary; and

(B) The emissions from the source would not exceed its allowable emissions; and

(C) The emissions from the source would impact no Class I area and no area where an applicable increment is known to be violated; and

(D) Reasonable notice is given to the Administrator, prior to the relocation, identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Administrator not less than 10 days in advance of the proposed relocation, unless a different time duration is previously approved by the Administrator.

(5) The requirements of this section shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as attainment under section 107 of the Clean Air Act.

(6) The requirements of this section shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification:

(i) Would impact no Class I area and no area where an applicable increment is known to be violated, and

(ii) Would be temporary.

(d) Visibility Impact Analyses. The owner or operator of a source shall provide an analysis of the impairment to visibility that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification.

(e) Federal land manager notification. (1) The Federal land manager and the Federal official charged with direct responsibility for management of Federal Class I areas have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the Administrator, whether a proposed source or modification will have an adverse impact on such values.

(2) The Administrator shall provide written notification to all affected Federal land managers of any permit application for any proposed new major stationary source or major modification that may affect visibility in any visibility protection area. The Administrator shall also provide for such notification to the Federal official charged with direct responsibility for management of any lands within any such area. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis of the proposed source's anticipated impacts on visibility in any visibility protection area. The Administrator shall also notify all affected FLM's within 30 days of receipt of any advance notification of any such permit application.

(3) The Administrator shall consider any analysis performed by the Federal land manager, provided within 30 days of the notification required by paragraph (e)(2) of this section, that such proposed new major stationary source or major modification may have an adverse impact on visibility in any visibility protection area. Where the Administrator finds that such an analysis does not demonstrate to the satisfaction of the Administrator that an adverse impact on visibility will result in the visibility protection area, the Administrator must, in the notice of public hearing, either explain his decision or give notice as to where the explanation can be obtained.

(f) Public participation. The Administrator shall follow the applicable procedures of 40 CFR part 124 in processing applications under this section. The Administrator shall follow the procedures at 40 CFR 52.21(q) as in effect on August 7, 1980, to the extent that the procedures of 40 CFR part 124 do not apply.

(g) National visibility goal. The Administrator shall only issue permits to those sources whose emissions will be consistent with making reasonable progress toward the national goal of preventing any future, and remedying any existing, impairment of visibility in visibility protection areas which impairment results from man-made air pollution. In making the decision to issue a permit, the Administrator may take into account the costs of compliance, the time necessary for compliance, the energy and nonair quality environmental impacts of compliance, and the useful life of the source.

(h) Monitoring. The Administrator may require monitoring of visibility in any visibility protection area near the proposed new stationary source or major modification for such purposes and by such means as the Administrator deems necessary and appropriate.

(i) Delegation of authority. (1) The Administrator shall have the authority to delegate the responsibility for conducting source review pursuant to this section to any agency in accordance with paragraphs (i)(2) and (3) of this section.

(2) Where the Administrator delegates the responsibility for conducting source review under this section to any agency other than a Regional Office of the Environmental Protection Agency, the following provisions shall apply:

(i) Where the delegate agency is not an air pollution control agency it shall consult with the appropriate State and local air pollution control agency prior to making any determination under this section. Similarly, where the delegate agency does not have continuing responsibility for managing land use, it shall consult with the appropriate State and local agency primarily responsible for managing land use prior to making any determination under this section.

(ii) The delegate agency shall submit a copy of any public comment notice required under paragraph (f) of this section to the Administrator through the appropriate Regional Office.

(3) The Administrator's authority for reviewing a source or modification located on an Indian Reservation shall not be redelegated other than to a Regional Office of the Environmental Protection Agency, except where the State has assumed jurisdiction over such land under other laws. Where the State has assumed such jurisdiction, the Administrator may delegate his authority to the States in accordance with paragraph (i)(2) of this section.

[50 FR 28551, July 12, 1985]

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§52.29   [Reserved]

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

(a) Definitions. For the purpose of this section:

(1) The term “political subdivision” refers to the representative body that is responsible for adopting and/or implementing air pollution controls for one, or any combination of one or more of the following: city, town, borough, county, parish, district, or any other geographical subdivision created by, or pursuant to, Federal or State law. This will include any agency designated under section 174, 42 U.S.C. 7504, by the State to carry out the air planning responsibilities under part D.

(2) The term “required activity” means the submission of a plan or plan item, or the implementation of a plan or plan item.

(3) The term “deficiency” means the failure to perform a required activity as defined in paragraph (a)(2) of this section.

(4) For purposes of §52.30, the terms “plan” or “plan item” mean an implementation plan or portion of an implementation plan or action needed to prepare such plan required by the Clean Air Act, as amended in 1990, or in response to a SIP call issued pursuant to section 110(k)(5) of the Act.

(b) Sanctions. During the 24 months after a finding, determination, or disapproval under section 179(a) of the Clean Air Act is made, EPA will not impose sanctions under section 110(m) of the Act on a statewide basis if the Administrator finds that one or more political subdivisions of the State are principally responsible for the deficiency on which the finding, disapproval, or determination as provided under section 179(a)(1) through (4) is based.

(c) Criteria. For the purposes of this provision, EPA will consider a political subdivision to be principally responsible for the deficiency on which a section 179(a) finding is based, if all five of the following criteria are met.

(1) The State has provided adequate legal authority to a political subdivision to perform the required activity.

(2) The required activity is one which has traditionally been performed by the local political subdivision, or the responsibility for performing the required activity has been delegated to the political subdivision.

(3) The State has provided adequate funding or authority to obtain funding (when funding is necessary to carry out the required activity) to the political subdivision to perform the required activity.

(4) The political subdivision has agreed to perform (and has not revoked that agreement), or is required by State law to accept responsibility for performing, the required activity.

(5) The political subdivision has failed to perform the required activity.

(d) Imposition of sanctions. (1) If all of the criteria in paragraph (c) of this section have been met through the action or inaction of one political subdivision, EPA will not impose sanctions on a statewide basis.

(2) If not all of the criteria in paragraph (c) of this section have been met through the action or inaction of one political subdivision, EPA will determine the area for which it is reasonable and appropriate to apply sanctions.

[59 FR 1484, Jan. 11, 1994]

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

(a) Purpose. The purpose of this section is to implement 42 U.S.C. 7509(a) of the Act, with respect to the sequence in which sanctions will automatically apply under 42 U.S.C. 7509(b), following a finding made by the Administrator pursuant to 42 U.S.C. 7509(a).

(b) Definitions. All terms used in this section, but not specifically defined herein, shall have the meaning given them in §52.01.

(1) 1990 Amendments means the 1990 Amendments to the Clean Air Act (Pub. L. No. 101-549, 104 Stat. 2399).

(2) Act means Clean Air Act, as amended in 1990 (42 U.S.C. 7401 et seq. (1991)).

(3) Affected area means the geographic area subject to or covered by the Act requirement that is the subject of the finding and either, for purposes of the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section, is or is within an area designated nonattainment under 42 U.S.C. 7407(d) or, for purposes of the offset sanction under paragraph (e)(1) of this section, is or is within an area otherwise subject to the emission offset requirements of 42 U.S.C. 7503.

(4) Criteria pollutant means a pollutant for which the Administrator has promulgated a national ambient air quality standard pursuant to 42 U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter, carbon monoxide, nitrogen dioxide).

(5) Findings or Finding refer(s) to one or more of the findings, disapprovals, and determinations described in subsection 52.31 (c).

(6) NAAQS means national ambient air quality standard the Administrator has promulgated pursuant to 42 U.S.C. 7409.

(7) Ozone precursors mean nitrogen oxides (NOX) and volatile organic compounds (VOC).

(8) Part D means part D of title I of the Act.

(9) Part D SIP or SIP revision or plan means a State implementation plan or plan revision that States are required to submit or revise pursuant to part D.

(10) Precursor means pollutant which is transformed in the atmosphere (later in time and space from point of emission) to form (or contribute to the formation of) a criteria pollutant.

(c) Applicability. This section shall apply to any State in which an affected area is located and for which the Administrator has made one of the following findings, with respect to any part D SIP or SIP revision required under the Act:

(1) A finding that a State has failed, for an area designated nonattainment under 42 U.S.C. 7407(d), to submit a plan, or to submit one or more of the elements (as determined by the Administrator) required by the provisions of the Act applicable to such an area, or has failed to make a submission for such an area that satisfies the minimum criteria established in relation to any such element under 42 U.S.C. 7410(k);

(2) A disapproval of a submission under 42 U.S.C. 7410(k), for an area designated nonattainment under 42 U.S.C. 7407(d), based on the submission's failure to meet one or more of the elements required by the provisions of the Act applicable to such an area;

(3)(i) A determination that a State has failed to make any submission required under the Act, other than one described under paragraph (c)(1) or (c)(2) of this section, including an adequate maintenance plan, or has failed to make any submission, required under the Act, other than one described under paragraph (c)(1) or (c)(2) of this section, that satisfies the minimum criteria established in relation to such submission under 42 U.S.C. 7410(k)(1)(A); or

(ii) A disapproval in whole or in part of a submission described under paragraph (c)(3)(i) of this section; or

(4) A finding that any requirement of an approved plan (or approved part of a plan) is not being implemented.

(d) Sanction application sequencing. (1) To implement 42 U.S.C. 7509(a), the offset sanction under paragraph (e)(1) of this section shall apply in an affected area 18 months from the date when the Administrator makes a finding under paragraph (c) of this section unless the Administrator affirmatively determines that the deficiency forming the basis of the finding has been corrected. To further implement 42 U.S.C. 7509(a), the highway sanction under paragraph (e)(2) of this section shall apply in an affected area 6 months from the date the offset sanction under paragraph (e)(1) of this section applies, unless the Administrator affirmatively determines that the deficiency forming the basis of the finding has been corrected. For the findings under paragraphs (c)(2), (c)(3)(ii), and (c)(4) of this section, the date of the finding shall be the effective date as defined in the final action triggering the sanctions clock.

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

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

(iii) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following the findings under paragraphs (c)(2) and (c)(3)(ii) of this section, if the State has submitted a revised plan to correct the deficiency prompting the finding and more than 24 months after the finding the Administrator has proposed to fully or conditionally approve the revised plan and has issued an interim final determination that the revised plan corrects the deficiency prompting the finding, application of the offset sanction under paragraph (e)(1) of this section and application of the highway sanction under paragraph (e)(2) of this section shall be stayed unless and until the Administrator proposes to or takes final action to disapprove the plan in whole or in part. If the Administrator issues such a proposed or final disapproval, the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section shall reapply in the affected area on the date the Administrator issues such proposed or final disapproval.

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

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

(iii) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following the findings under paragraphs (c)(2) and (c)(3)(ii) of this section, if the State has submitted a revised plan to correct the deficiency prompting the finding and after 24 months from the finding the Administrator has conditionally approved the revised plan and has issued an interim final determination that the revised plan corrects the deficiency prompting the finding, application of the offset sanction under paragraph (e)(1) of this section and application of the highway sanction under paragraph (e)(2) of this section shall be stayed unless and until the conditional approval converts to a disapproval or the Administrator proposes to or takes final action to disapprove in whole or in part the revised SIP the State submits to fulfill its commitment in the conditionally-approved plan. If the conditional approval so becomes a disapproval or the Administrator issues such a proposed or final disapproval, the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section shall reapply in the affected area on the date the conditional approval becomes a disapproval or the Administrator issues such a proposed or final disapproval, whichever is applicable.

(4)(i) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) of this section, if the Administrator, prior to 18 months from the finding, has proposed to find that the State is implementing the approved plan and has issued an interim final determination that the deficiency prompting the finding has been corrected, application of the offset sanction under paragraph (e)(1) of this section shall be deferred unless and until the Administrator preliminarily or finally determines, through a proposed or final finding, that the State is not implementing the approved plan and that, therefore, the State has not corrected the deficiency. If the Administrator so preliminarily or finally determines that the State has not corrected the deficiency, the offset sanction under paragraph (e)(1) of this section shall apply in the affected area on the later of the date the Administrator proposes to take action or takes final action to find that the finding of nonimplementation has not been corrected, or 18 months following the finding that started the sanctions clock. The highway sanction under paragraph (e)(2) of this section shall apply in the affected area 6 months after the date the offset sanction under paragraph (e)(1) of this section first applies, unless the Administrator preliminarily or finally determines that the deficiency forming the basis of the finding has been corrected.

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

(iii) Notwithstanding paragraph (d)(1) of this section, to further implement 42 U.S.C. 7509(a), following findings under paragraph (c)(4) of this section, if after 24 months from the finding the Administrator has proposed to find that the State is implementing the approved plan and has issued an interim final determination that the deficiency prompting the finding has been corrected, application of the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section shall be stayed unless and until the Administrator preliminarily or finally determines, through a proposed or final finding, that the State is not implementing the approved plan, and that, therefore, the State has not corrected the deficiency. If the Administrator so preliminarily or finally determines that the State has not corrected the deficiency, the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section shall reapply in the affected area on the date the Administrator proposes to take action or takes final action to find that the finding of nonimplementation has not been corrected.

(5) Any sanction clock started by a finding under paragraph (c) of this section will be permanently stopped and sanctions applied, stayed or deferred will be permanently lifted upon a final EPA finding that the deficiency forming the basis of the finding has been corrected. For a sanctions clock and applied sanctions based on a finding under paragraphs (c)(1) and (c)(3)(i) of this section, a finding that the deficiency has been corrected will occur by letter from the Administrator to the State governor. For a sanctions clock or applied, stayed or deferred sanctions based on a finding under paragraphs (c)(2) and (c)(3)(ii) of this section, a finding that the deficiency has been corrected will occur through a final notice in the Federal Register fully approving the revised SIP. For a sanctions clock or applied, stayed or deferred sanctions based on a finding under paragraph (c)(4) of this section, a finding that the deficiency has been corrected will occur through a final notice in the Federal Register finding that the State is implementing the approved SIP.

(6) Notwithstanding paragraph (d)(1) of this section, nothing in this section will prohibit the Administrator from determining through notice-and-comment rulemaking that in specific circumstances the highway sanction, rather than the offset sanction, shall apply 18 months after the Administrator makes one of the findings under paragraph (c) of this section, and that the offset sanction, rather than the highway sanction, shall apply 6 months from the date the highway sanction applies.

(e) Available sanctions and method for implementation—(1) Offset sanction. (i) As further set forth in paragraphs (e)(1)(ii)-(e)(1)(vi) of this section, the State shall apply the emissions offset requirement in the timeframe prescribed under paragraph (d) of this section on those affected areas subject under paragraph (d) of this section to the offset sanction. The State shall apply the emission offset requirements in accordance with 42 U.S.C. 7503 and 7509(b)(2), at a ratio of at least two units of emission reductions for each unit of increased emissions of the pollutant(s) and its (their) precursors for which the finding(s) under paragraph (c) of this section is (are) made. If the deficiency prompting the finding under paragraph (c) of this section is not specific to one or more particular pollutants and their precursors, the 2-to-1 ratio shall apply to all pollutants (and their precursors) for which an affected area within the State listed in paragraph (e)(1)(i) of this section is required to meet the offset requirements of 42 U.S.C. 7503.

(ii) Notwithstanding paragraph (e)(1)(i) of this section, when a finding is made with respect to a requirement for the criteria pollutant ozone or when the finding is not pollutant-specific, the State shall not apply the emissions offset requirements at a ratio of at least 2-to-1 for emission reductions to increased emissions for nitrogen oxides where, under 42 U.S.C. 7511a(f), the Administrator has approved an NOX exemption for the affected area from the Act's new source review requirements under 42 U.S.C. 7501-7515 for NOX or where the affected area is not otherwise subject to the Act's new source review requirements for emission offsets under 42 U.S.C. 7501-7515 for NOX.

(iii) Notwithstanding paragraph (e)(1)(i) of this section, when a finding under paragraph (c) of this section is made with respect to PM-10, or the finding is not pollutant-specific, the State shall not apply the emissions offset requirements, at a ratio of at least 2-to-1 for emission reductions to increased emissions to PM-10 precursors if the Administrator has determined under 42 U.S.C. 7513a(e) that major stationary sources of PM-10 precursors do not contribute significantly to PM-10 levels which exceed the NAAQS in the affected area.

(iv) For purposes of applying the emissions offset requirement set forth in 42 U.S.C. 7503, at the 2-to-1 ratio required under this section, the State shall comply with the provisions of a State-adopted new source review (NSR) program that EPA has approved under 42 U.S.C. 7410(k)(3) as meeting the nonattainment area NSR requirements of 42 U.S.C. 7501-7515, as amended by the 1990 Amendments, or, if no plan has been so approved, the State shall comply directly with the nonattainment area NSR requirements specified in 42 U.S.C. 7501-7515, as amended by the 1990 Amendments, or cease issuing permits to construct and operate major new or modified sources as defined in those requirements. For purposes of applying the offset requirement under 42 U.S.C. 7503 where EPA has not fully approved a State's NSR program as meeting the requirements of part D, the specifications of those provisions shall supersede any State requirement that is less stringent or inconsistent.

(v) For purposes of applying the emissions offset requirement set forth in 42 U.S.C. 7503, any permit required pursuant to 42 U.S.C. 7503 and issued on or after the date the offset sanction applies under paragraph (d) of this section shall be subject to the enhanced 2-to-1 ratio under paragraph (e)(1)(i) of this section.

(2) Highway funding sanction. The highway sanction shall apply, as provided in 42 U.S.C. 7509(b)(1), in the timeframe prescribed under paragraph (d) of this section on those affected areas subject under paragraph (d) of this section to the highway sanction, but shall apply only to those portions of affected areas that are designated nonattainment under 40 CFR part 81.

[59 FR 39859, Aug. 4, 1994]

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§52.32   Sanctions following findings of SIP inadequacy.

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

[60 FR 4737, Jan. 24, 1995]

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§52.33   Compliance certifications.

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

(b) For all federal implementation plans, paragraph (a) of this section is incorporated into the plan.

[62 FR 8328, Feb. 24, 1997]

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

(a) Definitions. For purposes of this section, the following definitions apply:

(1) Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.

(2) Large Electric Generating Units (large EGUs) means:

(i) For units that commenced operation before January 1, 1997, a unit serving during 1995 or 1996 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid.

(ii) For units that commenced operation on or after January 1, 1997 and before January 1, 1999, a unit serving at any time during 1997 or 1998 a generator that had a nameplate capacity greater than 25 MWe and produced electricity for sale under a firm contract to the electric grid.

(iii) For units that commence operation on or after January 1, 1999, a unit serving at any time a generator that has a nameplate capacity greater than 25 MWe and produces electricity for sale.

(3) Large Non-Electric Generating Units (large non-EGUs) means:

(i) For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1995 or 1996 a generator producing electricity for sale under a firm contract to the electric grid.

(ii) For units that commenced operation on or after January 1, 1997 and before January 1, 1999, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve at any time during 1997 or 1998 a generator producing electricity for sale under a firm contract to the electric grid.

(iii) For units that commence operation on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr that:

(A) At no time serves a generator producing electricity for sale; or

(B) At any time serves a generator producing electricity for sale, if any such generator has a nameplate capacity of 25 MWe or less and has the potential to use 50 percent or less of the potential electrical output capacity of the unit.

(4) New sources means new and modified sources.

(5) NOX means oxides of nitrogen.

(6) OTAG means the Ozone Transport Assessment Group (active 1995-1997), a national work group that addressed the problem of ground-level ozone and the long-range transport of air pollution across the Eastern United States. The OTAG was a partnership between EPA, the Environmental Council of the States, and various industry and environmental groups.

(7) Ozone season means the period of time beginning May 1 of a year and ending on September 30 of the same year, inclusive.

(8) Potential electrical output capacity means, with regard to a unit, 33 percent of the maximum design heat input of the unit.

(9) Unit means a fossil-fuel fired stationary boiler, combustion turbine, or combined cycle system.

(b) Purpose and applicability. Paragraphs (c), (e)(1) and (e)(2), (g), and (h)(1) and (h)(2) of this section set forth the Administrator's findings with respect to the 1-hour national ambient air quality standard (NAAQS) for ozone that certain new and existing sources of emissions of nitrogen oxides (“NOX”) in certain States emit or would emit NOX in violation of the prohibition in section 110(a)(2)(D)(i) of the Clean Air Act (CAA) on emissions in amounts that contribute significantly to nonattainment in certain States that submitted petitions in 1997-1998 addressing such NOX emissions under section 126 of the CAA. Paragraphs (d), (e)(3) and (e)(4), (f), and (h)(3) and (h)(4) of this section set forth the Administrator's affirmative technical determinations with respect to the 8-hour NAAQS for ozone that certain new and existing sources of emissions of NOX in certain States emit or would emit NOX in violation of the prohibition in section 110(a)(2)(D)(i) of the CAA on emissions in amounts that contribute significantly to nonattainment in, or interfere with maintenance by, certain States that submitted petitions in 1997-1998 addressing such NOX emissions under section 126 of the CAA. (As used in this section, the term new source includes modified sources, as well.) Paragraph (i) of this section explains the circumstances under which the findings for sources in a specific State would be withdrawn. Paragraph (j) of this section sets forth the control requirements that apply to the sources of NOX emissions affected by the findings. Paragraph (k) of this section indefinitely stays the effectiveness of the affirmative technical determinations with respect to the 8-hour ozone standard.

(1) The States that submitted such petitions are Connecticut, Maine, Massachusetts, New Hampshire, New York, Pennsylvania, Rhode Island, and Vermont (each of which, hereinafter in this section, may be referred to also as a “petitioning State”).

(2) The new and existing sources of NOX emissions covered by the petitions that emit or would emit NOX emissions in amounts that make such significant contributions are large electric generating units (EGUs) and large non-EGUs.

(c) Section 126(b) findings relating to impacts on ozone levels in Connecticut—(1) Section 126(b) findings with respect to the 1-hour ozone standard in Connecticut. The Administrator finds that any existing or new major source or group of stationary sources emits or would emit NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone standard in the State of Connecticut if it is or will be:

(i) In a category of large EGUs or large non-EGUs;

(ii) Located in one of the States (or portions thereof) listed in paragraph (c)(2) of this section; and

(iii) Within one of the “Named Source Categories” listed in the portion of Table F-1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Connecticut.

(2) States or portions of States that contain sources for which the Administrator is making section 126(b) findings with respect to the 1-hour ozone standard in Connecticut. The States, or portions of States, that contain sources of NOX emissions for which the Administrator is making section 126(b) findings under paragraph (c)(1) of this section are:

(i) Delaware.

(ii) District of Columbia.

(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as shown in appendix F, Figure F-2, of this part.

(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in appendix F, Figure F-2, of this part.

(v) Maryland.

(vi) Portion of Michigan located south of 44 degrees latitude in OTAG Subregion 2, as shown in appendix F, Figure F-2, of this part.

(vii) Portion of North Carolina located in OTAG Subregion 7, as shown in appendix F, Figure F-2, of this part.

(viii) New Jersey.

(ix) Portion of New York extending west and south of Connecticut, as shown in appendix F, Figure F-2, of this part.

(x) Ohio.

(xi) Pennsylvania.

(xii) Virginia.

(xiii) West Virginia.

(d) Affirmative technical determinations relating to impacts on ozone levels in Maine—(1) Affirmative technical determinations with respect to the 8-hour ozone standard in Maine. The Administrator of EPA finds that any existing or new major source or group of stationary sources emits or would emit NOX in amounts that contribute significantly to nonattainment in the State of Maine, with respect to the 8-hour NAAQS for ozone if it is or will be:

(i) In a category of large EGUs or large non-EGUs;

(ii) Located in one of the States (or portions thereof) listed in paragraph (d)(2) of this section; and

(iii) Within one of the “Named Source Categories” listed in the portion of Table F-1 of appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Maine.

(2) States or portions of States that contain sources for which EPA is making an affirmative technical determination with respect to the 8-hour ozone standard in Maine. The States that contain sources for which EPA is making an affirmative technical determination are:

(i) Connecticut.

(ii) Delaware.

(iii) District of Columbia.

(iv) Maryland.

(v) Massachusetts.

(vi) New Jersey.

(vii) New York.

(viii) Pennsylvania.

(ix) Rhode Island.

(x) Virginia.

(e) Section 126(b) findings and affirmative technical determinations relating to impacts on ozone levels in Massachusetts—(1) Section 126(b) findings with respect to the 1-hour ozone standard in Massachusetts. The Administrator finds that any existing major source or group of stationary sources emits NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone standard in the State of Massachusetts if it is:

(i) In a category of large EGUs or large non-EGUs;

(ii) Located in one of the States (or portions thereof) listed in paragraph (e)(2) of this section; and

(iii) Within one of the “Named Source Categories” listed in the portion of Table F-1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Massachusetts.

(2) States that contain sources for which the Administrator is making section 126(b) findings with respect to the 1-hour ozone standard in Massachusetts. The portions of States that contain sources of NOX emissions for which the Administrator is making section 126(b) findings under paragraph (e)(1) of this section are:

(i) All counties in West Virginia located within a 3-county-wide band of the Ohio River, as shown in appendix F, Figure F-4, of this part.

(ii) [Reserved]

(3) Affirmative technical determinations with respect to the 8-hour ozone standard in Massachusetts. The Administrator of EPA finds that any existing major source or group of stationary sources emits NOX in amounts that contribute significantly to nonattainment in, or interfere with maintenance by, the State of Massachusetts, with respect to the 8-hour NAAQS for ozone if it is:

(i) In a category of large EGUs or large non-EGUs;

(ii) Located in one of the States (or portions thereof) listed in paragraph (e)(4) of this section; and

(iii) Within one of the “Named Source Categories” listed in the portion of Table F-1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Massachusetts.

(4) States or portions of States that contain sources for which EPA is making an affirmative technical determination with respect to the 8-hour ozone standard in Massachusetts. The portions of States that contain sources for which EPA is making an affirmative technical determination are:

(i) All counties in Ohio located within a 3-county-wide band of the Ohio River, as shown in appendix F, Figure F-4, of this part.

(ii) All counties in West Virginia located within a 3-county-wide band of the Ohio River, as shown in appendix F, Figure F-4, of this part.

(f) Affirmative technical determinations relating to impacts on ozone levels in New Hampshire—(1) Affirmative technical determinations with respect to the 8-hour ozone standard in New Hampshire. The Administrator of EPA finds that any existing or new major source or group of stationary sources emits or would emit NOX in amounts that contribute significantly to nonattainment in, or interfere with maintenance by, the State of New Hampshire, with respect to the 8-hour NAAQS for ozone if it is or will be:

(i) In a category of large EGUs or large non-EGUs;

(ii) Located in one of the States (or portions thereof) listed in paragraph (f)(2) of this section; and

(iii) Within one of the “Named Source Categories” listed in the portion of Table F-1 of appendix F of this part describing the sources of NOX emissions covered by the petition of the State of New Hampshire.

(2) States or portions of States that contain sources for which EPA is making an affirmative technical determination with respect to the 8-hour ozone standard in New Hampshire. The States that contain sources for which EPA is making an affirmative technical determination are:

(i) Connecticut.

(ii) Delaware.

(iii) District of Columbia.

(iv) Maryland.

(v) Massachusetts.

(vi) New Jersey.

(vii) New York.

(viii) Pennsylvania.

(ix) Rhode Island.

(g) Section 126(b) findings relating to impacts on ozone levels in the State of New York—(1) Section 126(b) findings with respect to the 1-hour ozone standard in the State of New York. The Administrator finds that any existing or new major source or group of stationary sources emits or would emit NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone standard in the State of New York if it is or will be:

(i) In a category of large EGUs or large non-EGUs;

(ii) Located in one of the States (or portions thereof) listed in paragraph (g)(2) of this section; and

(iii) Within one of the “Named Source Categories” listed in the portion of Table F-1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of New York.

(2) States or portions of States that contain sources for which the Administrator is making section 126(b) findings with respect to the 1-hour ozone standard in New York. The States, or portions of States, that contain sources of NOX emissions for which the Administrator is making section 126(b) findings under paragraph (g)(1) of this section are:

(i) Delaware.

(ii) District of Columbia.

(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as shown in appendix F, Figure F-6, of this part.

(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in appendix F, Figure F-6, of this part.

(v) Maryland.

(vi) Portion of Michigan located south of 44 degrees latitude in OTAG Subregion 2, as shown in appendix F, Figure F-6, of this part.

(vii) Portion of North Carolina located in OTAG Subregions 6 and 7, as shown in appendix F, Figure F-6, of this part.

(viii) New Jersey.

(ix) Ohio.

(x) Pennsylvania.

(xi) Virginia.

(xii) West Virginia.

(h) Section 126(b) findings and affirmative technical determinations relating to impacts on ozone levels in the State of Pennsylvania—(1) Section 126(b) findings with respect to the 1-hour ozone standard in the State of Pennsylvania. The Administrator finds that any existing or new major source or group of stationary sources emits or would emit NOX in violation of the Clean Air Act section 110(a)(2)(d)(i) prohibition with respect to the 1-hour ozone standard in the State of Pennsylvania if it is or will be:

(i) In a category of large EGUs or large non-EGUs;

(ii) Located in one of the States (or portions thereof) listed in paragraph (h)(2) of this section; and (iii) Within one of the “Named Source Categories” listed in the portion of Table F-1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Pennsylvania.

(2) States that contain sources for which the Administrator is making section 126(b) findings with respect to the 1-hour ozone standard in Pennsylvania. The States that contain sources of NOX emissions for which the Administrator is making section 126(b) findings under paragraph (h)(1) of this section are:

(i) North Carolina.

(ii) Ohio.

(iii) Virginia.

(iv) West Virginia.

(3) Affirmative technical determinations with respect to the 8-hour ozone standard in Pennsylvania. The Administrator of EPA finds that any existing or new major source or group of stationary sources emits or would emit NOX in amounts that contribute significantly to nonattainment in, or interfere with maintenance by, the State of Pennsylvania, with respect to the 8-hour NAAQS for ozone:

(i) In a category of large EGUs or large non-EGUs;

(ii) Located in one of the States (or portions thereof) listed in paragraph (h)(4) of this section; and

(iii) Within one of the “Named Source Categories” listed in the portion of Table F-1 in appendix F of this part describing the sources of NOX emissions covered by the petition of the State of Pennsylvania.

(4) States or portions of States that contain sources for which EPA is making an affirmative technical determination with respect to the 8-hour ozone standard in Pennsylvania. The States that contain sources for which EPA is making an affirmative technical determination are:

(i) Alabama.

(ii) Illinois.

(iii) Indiana.

(iv) Kentucky.

(v) Michigan.

(vi) Missouri.

(vii) North Carolina.

(viii) Ohio.

(ix) Tennessee.

(x) Virginia.

(xi) West Virginia.

(i) Withdrawal of section 126 findings. Notwithstanding any other provision of this subpart, a finding under paragraphs (c), (e)(1) and (e)(2), (g), and (h)(1) and (h)(2) of this section as to a particular major source or group of stationary sources in a particular State will be deemed to be withdrawn, and the corresponding part of the relevant petition(s) denied, if the Administrator issues a final action putting in place implementation plan provisions that comply with the requirements of §§51.121 and 51.122 of this chapter for such State.

(j) Section 126 control remedy. The Federal NOX Budget Trading Program in part 97 of this chapter applies to the owner or operator of any new or existing large EGU or large non-EGU as to which the Administrator makes a finding under section 126(b) of the Clean Air Act pursuant to the provisions of paragraphs (c), (e)(1) and (e)(2), (g), and (h)(1) and (h)(2) of this section.

(k) Stay of findings with respect to the 8-hour ozone standard. Notwithstanding any other provisions of this subpart, the effectiveness of paragraphs (d), (e)(3) and (e)(4), (f), (h)(3) and (h)(4) of this section is stayed.

(l) Temporary stay of rules. Notwithstanding any other provisions of this subpart, the effectiveness of this section is stayed from July 26, 1999 until February 17, 2000.

[64 FR 28318, May 25, 1999, as amended at 64 FR 33961, June 24, 1999; 65 FR 2042, Jan. 13, 2000; 65 FR 2726, Jan. 18, 2000; 69 FR 31505, June 3, 2004]

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§52.35   What are the requirements of the Federal Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to emissions of nitrogen oxides?

(a)(1) The Federal CAIR NOX Annual Trading Program provisions of part 97 of this chapter constitute the Clean Air Interstate Rule Federal Implementation Plan provisions that relate to annual emissions of nitrogen oxides (NOX). Each State that is described in §51.123(c)(1) and (2) of this chapter received a finding by the Administrator that the State failed to submit a State Implementation Plan (SIP) to satisfy the requirements of section 110(a)(2)(D)(i)(I) of the Clean Air Act for the PM2.5 NAAQS. The provisions of subparts AA through II of part 97 of this chapter, regarding the CAIR NOX Annual Trading Program, apply to the sources in each of these States that has not promulgated a SIP approved by the Administrator as correcting that deficiency. Following promulgation of an approval by the Administrator of a State's SIP as meeting the requirements of CAIR for PM2.5 relating to NOX under §51.123 of this chapter, these provisions of part 97 of this chapter will no longer apply to the sources in that State, except to the extent the Administrator's approval of the SIP is partial or conditional or unless such approval is under §51.123(p) of this chapter.

(2) Notwithstanding any provisions of paragraph (a)(1) of this section, if, at the time of such approval of the State's SIP, the Administrator has already allocated any CAIR NOX allowances to sources in the State for any years, the provisions of part 97 of this chapter authorizing the Administrator to complete the allocation of CAIR NOX allowances for those years shall continue to apply, unless the Administrator approves a SIP that provides for the allocation of the remaining CAIR NOX allowances for those years.

(b)(1) The Federal CAIR NOX Ozone Season Trading Program provisions of part 97 of this chapter constitute the Clean Air Interstate Rule Federal Implementation Plan provisions that relate to emissions of nitrogen oxides (NOX) during the ozone season, as defined in §97.302 of this chapter. Each State that is described in §51.123(c)(1) and (3) of this chapter received a finding by the Administrator that the State failed to submit a State Implementation Plan (SIP) to satisfy the requirements of section 110(a)(2)(D)(i)(I) of the Clean Air Act for the 8-hour ozone NAAQS. The provisions of subparts AAAA through IIII of part 97 of this chapter, regarding the CAIR NOX Ozone Season Trading Program, apply to sources in each of these States that has not promulgated a SIP revision approved by the Administrator as correcting that deficiency. Following promulgation of an approval by the Administrator of a State's SIP as meeting the requirements of CAIR for ozone relating to NOX under §51.123 of this chapter, these provisions of part 97 of this chapter will no longer apply to sources in that State, except to the extent the Administrator's approval of the SIP is partial or conditional or unless such approval is under §51.123(ee) of this chapter.

(2) Notwithstanding any provisions of paragraph (b)(1) of this section, if, at the time of such approval of the State's SIP, the Administrator has already allocated any CAIR NOX Ozone Season allowances to sources in the State for any years, the provisions of part 97 of this chapter authorizing the Administrator to complete the allocation of CAIR NOX Ozone Season allowances for those years shall continue to apply, unless the Administrator approves a SIP that provides for the allocation of the remaining CAIR NOX Ozone Season allowances for those years.

(c) The provisions of this section do not invalidate or otherwise affect the obligations of States, emissions sources, or other responsible entities with respect to all portions of plans approved or promulgated under this part or the obligations of States under the requirements of §§51.123 and 51.125 of this chapter.

(d)(1) The States with SIPs approved by the Administrator as meeting the requirements of CAIR for PM2.5 relating to NOX under §51.123(o) of this chapter are: Indiana, and Ohio.

(2) The States with SIPs approved by the Administrator as meeting the requirements of CAIR for ozone relating to NOX under §51.123(aa) of this chapter, are: Indiana, and Ohio.

(e) Notwithstanding paragraphs (a) and (b) of this section, such paragraphs are not applicable as they relate to sources in the State of Minnesota as of December 3, 2009, except as provided in §52.1240(b).

(f) Notwithstanding any provisions of paragraphs (a) through (d) of this section, subparts AA through II and AAAA through IIII of part 97 of this chapter, and any State's SIP to the contrary:

(1) With regard to any control period that begins after December 31, 2014,

(i) The provisions in paragraphs (a) through (d) of this section relating to NOX annual or ozone season emissions shall not be applicable; and

(ii) The Administrator will not carry out any of the functions set forth for the Administrator in subparts AA through II and AAAA through IIII of part 97 of this chapter;

(2) The Administrator will not deduct for excess emissions any CAIR NOX allowances or CAIR NOX Ozone Season allowances allocated for 2015 or any year thereafter;

(3) By March 3, 2015, the Administrator will remove from the CAIR NOX Allowance Tracking System accounts all CAIR NOX allowances allocated for a control period in 2015 and any subsequent year, and, thereafter, no holding or surrender of CAIR NOX allowances will be required with regard to emissions or excess emissions for such control periods; and

(4) By March 3, 2015, the Administrator will remove from the CAIR NOX Ozone Season Allowance Tracking System accounts all CAIR NOX Ozone Season allowances allocated for a control period in 2015 and any subsequent year, and, thereafter, no holding or surrender of CAIR NOX allowances will be required with regard to emissions or excess emissions for such control periods.

[72 FR 62343, Nov. 2, 2007, as amended at 74 FR 48862, Sept. 25, 2009; 74 FR 56726, Nov. 3, 2009; 75 FR 72962, Nov. 29, 2010; 76 FR 48353, Aug. 8, 2011; 79 FR 71671, Dec. 3, 2014]

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§52.36   What are the requirements of the Federal Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to emissions of sulfur dioxide?

(a) The Federal CAIR SO2 Trading Program provisions of part 97 of this chapter constitute the Clean Air Interstate Rule Federal Implementation Plan provisions for emissions of sulfur dioxide (SO2). Each State that is described in §51.124(c) of this chapter is subject to a finding by the Administrator that the State failed to submit a State Implementation Plan (SIP) to satisfy the requirements of section 110(a)(2)(D)(i)(I) of the Clean Air Act for the PM2.5 NAAQS. The provisions of subparts AAA through III of part 97 of this chapter, regarding the CAIR SO2 Trading Program, apply to sources in each of these States that has not promulgated a SIP revision approved by the Administrator as correcting that deficiency. Following promulgation of an approval by the Administrator of a State's SIP as meeting the requirements of CAIR for PM2.5 relating to SO2 under §51.124 of this chapter, these provisions of part 97 of this chapter will no longer apply to sources in that State, except to the extent the Administrator's approval of the SIP is partial or conditional or unless such approval is under §51.124(r) of this chapter.

(b) The provisions of this section do not invalidate or otherwise affect the obligations of States, emissions sources, or other responsible entities with respect to all portions of plans approved or promulgated under this part or the obligations of States under the requirements of §§51.124 and 51.125 of this chapter.

(c) The States with SIPs approved by the Administrator as meeting the requirements of CAIR for PM2.5 relating to SO2 under §51.124(o) of this chapter are: Indiana, and Ohio

(d) Notwithstanding paragraph (a) of this section, such paragraph is not applicable as it relates to sources in the State of Minnesota as of December 3, 2009.

(e) Notwithstanding any provisions of paragraphs (a) through (c) of this section, subparts AAA through III of part 97 of this chapter and any State's SIP to the contrary:

(1) With regard to any control period that begins after December 31, 2014,

(i) The provisions of paragraphs (a) through (c) of this section relating to SO2 emissions shall not be applicable; and

(ii) The Administrator will not carry out any of the functions set forth for the Administrator in subparts AAA through III of part 97 of this chapter; and

(2) The Administrator will not deduct for excess emissions any CAIR SO2 allowances allocated for 2015 or any year thereafter.

[72 FR 62343, Nov. 2, 2007, as amended at 74 FR 48863, Sept. 25, 2009; 74 FR 56726, Nov. 3, 2009; 75 FR 72962, Nov. 29, 2010; 76 FR 48354, Aug. 8, 2011; 79 FR 71671, Dec. 3, 2014; 81 FR 74586, Oct. 26, 2016]

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§52.37   [Reserved]

§52.38   What are the requirements of the Federal Implementation Plans (FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to emissions of nitrogen oxides?

(a) Annual emissions. (1) The CSAPR NOX Annual Trading Program provisions set forth in subpart AAAAA of part 97 of this chapter constitute the CSAPR Federal Implementation Plan provisions that relate to annual emissions of nitrogen oxides (NOX).

(2)(i) The provisions of subpart AAAAA of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2015 and each subsequent year: Alabama, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, Maryland, Michigan, Minnesota, Missouri, Nebraska, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, West Virginia, and Wisconsin.

(ii) The provisions of subpart AAAAA of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2015 and 2016 only: Texas.

(3) Notwithstanding the provisions of paragraph (a)(1) of this section, a State listed in paragraph (a)(2)(i) or (ii) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR NOX Annual allowance allocation provisions replacing the provisions in §97.411(a) of this chapter with regard to the State and the control period in 2016, a list of CSAPR NOX Annual units and the amount of CSAPR NOX Annual allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:

(i) All of the units on the list must be units that are in the State and commenced commercial operation before January 1, 2010;

(ii) The total amount of CSAPR NOX Annual allowance allocations on the list must not exceed the amount, under §97.410(a) of this chapter for the State and the control period in 2016, of the CSAPR NOX Annual trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;

(iii) The list must be submitted electronically in a format specified by the Administrator; and

(iv) The SIP revision must not provide for any change in the units and allocations on the list after approval of the SIP revision by the Administrator and must not provide for any change in any allocation determined and recorded by the Administrator under subpart AAAAA of part 97 of this chapter;

(v) Provided that:

(A) By October 17, 2011, the State must notify the Administrator electronically in a format specified by the Administrator of the State's intent to submit to the Administrator a complete SIP revision meeting the requirements of paragraphs (a)(3)(i) through (iv) of this section by April 1, 2015; and

(B) The State must submit to the Administrator a complete SIP revision described in paragraph (a)(3)(v)(A) of this section by April 1, 2015.

(4) Notwithstanding the provisions of paragraph (a)(1) of this section, a State listed in paragraph (a)(2)(i) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations revising subpart AAAAA of part 97 of this chapter as follows and not making any other substantive revisions of that subpart:

(i) The State may adopt, as CSAPR NOX Annual allowance allocation or auction provisions replacing the provisions in §§97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NOX Annual allowances, and may adopt, in addition to the definitions in §97.402 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR NOX Annual allowance allocation or auction provisions, if such methodology—

(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NOX Annual allowances for any such control period not exceeding the amount, under §§97.410(a) and 97.421 of this chapter for the State and such control period, of the CSAPR NOX Annual trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NOX Annual allowances already allocated and recorded by the Administrator.

(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Annual allowances for any such control period to any CSAPR NOX Annual units covered by §97.411(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR NOX Annual allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR NOX Annual allowances are allocated or auctionedDeadline for submission of allocations or auction results to
the Administrator
2017June 1, 2016.
2018June 1, 2016.
2019June 1, 2017.
2020June 1, 2017.
2021June 1, 2018.
2022June 1, 2018.
2023 and any year thereafterJune 1 of the fourth year before the year of the control period.

(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Annual allowances for any such control period to any CSAPR NOX Annual units covered by §§97.411(b)(1) and 97.412(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR NOX Annual allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(D) Does not provide for any change, after the submission deadlines in paragraphs (a)(4)(i)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart AAAAA of part 97 of this chapter;

(ii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (a)(4)(i) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (a)(4)(i)(B) and (C) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (a)(4)(i) of this section.

(5) Notwithstanding the provisions of paragraph (a)(1) of this section, a State listed in paragraph (a)(2)(i) of this section may adopt and include in a SIP revision, and the Administrator will approve, as correcting the deficiency in the SIP that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (a)(1), (a)(2)(i), and (a)(3) and (4) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State), regulations that are substantively identical to the provisions of the CSAPR NOX Annual Trading Program set forth in §§97.402 through 97.435 of this chapter, except that the SIP revision:

(i) May adopt, as CSAPR NOX Annual allowance allocation or auction provisions replacing the provisions in §§97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NOX Annual allowances and that—

(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NOX Annual allowances for any such control period not exceeding the amount, under §§97.410(a) and 97.421 of this chapter for the State and such control period, of the CSAPR NOX Annual trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NOX Annual allowances already allocated and recorded by the Administrator.

(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Annual allowances for any such control period to any CSAPR NOX Annual units covered by §97.411(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR NOX Annual allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR NOX Annual allowances are allocated or auctionedDeadline for submission of allocations or auction results to
the Administrator
2017June 1, 2016.
2018June 1, 2016.
2019June 1, 2017.
2020June 1, 2017.
2021June 1, 2018.
2022June 1, 2018.
2023 and any year thereafterJune 1 of the fourth year before the year of the control period.

(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Annual allowances for any such control period to any CSAPR NOX Annual units covered by §§97.411(b)(1) and 97.412(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR NOX Annual allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(D) Does not provide for any change, after the submission deadlines in paragraphs (a)(5)(i)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart AAAAA of part 97 of this chapter;

(ii) May adopt, in addition to the definitions in §97.402 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR NOX Annual allowance allocation or auction provisions adopted under paragraph (a)(5)(i) of this section;

(iii) May substitute the name of the State for the term “State” as used in subpart AAAAA of part 97 of this chapter, to the extent the Administrator determines that such substitutions do not make substantive changes in the provisions in §§97.402 through 97.435 of this chapter; and

(iv) Must not include any of the requirements imposed on any unit in Indian country within the borders of the State in the provisions in §§97.402 through 97.435 of this chapter and must not include the provisions in §§97.411(b)(2) and (c)(5)(iii), 97.412(b), and 97.421(h) and (j) of this chapter, all of which provisions will continue to apply under any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision;

(v) Provided that, if and when any covered unit is located in Indian country within the borders of the State, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in §§97.402 (definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share”), 97.406(c)(2), and 97.425 of this chapter and the portions of other provisions of subpart AAAAA of part 97 of this chapter referencing these sections and may modify any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision to include these provisions;

(vi) Provided that the State must submit a complete SIP revision meeting the requirements of paragraphs (a)(5)(i) through (iv) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (a)(5)(i)(B) and (C) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (a)(5)(i) of this section.

(6) Following promulgation of an approval by the Administrator of a State's SIP revision as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (a)(1), (a)(2)(i), and (a)(3) and (4) of this section for sources in the State, the provisions of paragraph (a)(2)(i) of this section will no longer apply to sources in the State, unless the Administrator's approval of the SIP revision is partial or conditional, and will continue to apply to sources in any Indian country within the borders of the State, provided that if the CSAPR Federal Implementation Plan was promulgated as a partial rather than full remedy for an obligation of the State to address interstate air pollution, the SIP revision likewise will constitute a partial rather than full remedy for the State's obligation unless provided otherwise in the Administrator's approval of the SIP revision.

(7) Notwithstanding the provisions of paragraph (a)(6) of this section, if, at the time of such approval of the State's SIP revision, the Administrator has already started recording any allocations of CSAPR 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 CSAPR 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.

(8) The following States have SIP revisions approved by the Administrator under paragraph (a)(3), (4), or (5) of this section:

(i) For each of the following States, the Administrator has approved a SIP revision under paragraph (a)(3) of this section as replacing the CSAPR NOX Annual allowance allocation provisions in §97.411(a) of this chapter with regard to the State and the control period in 2016: Alabama, Kansas, Missouri, and Nebraska.

(ii) For each of the following States, the Administrator has approved a SIP revision under paragraph (a)(4) of this section as replacing the CSAPR NOX Annual allowance allocation provisions in §§97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year: Kansas, Missouri, and New York.

(iii) For each of the following States, the Administrator has approved a SIP revision under paragraph (a)(5) of this section as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (a)(1), (a)(2)(i), and (a)(3) and (4) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State): Alabama, Georgia, Indiana, and South Carolina.

(b) Ozone season emissions. (1) The CSAPR NOX Ozone Season Group 1 Trading Program provisions and the CSAPR NOX Ozone Season Group 2 Trading Program provisions set forth respectively in subparts BBBBB and EEEEE of part 97 of this chapter constitute the CSAPR Federal Implementation Plan provisions that relate to emissions of NOX during the ozone season, defined as May 1 through September 30 of a calendar year.

(2)(i) The provisions of subpart BBBBB of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2015 and each subsequent year: Georgia.

(ii) The provisions of subpart BBBBB of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2015 and 2016 only: Alabama, Arkansas, Florida, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.

(iii) The provisions of subpart EEEEE of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2017 and each subsequent year: Alabama, Arkansas, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.

(3) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2)(i) or (ii) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR NOX Ozone Season Group 1 allowance allocation provisions replacing the provisions in §97.511(a) of this chapter with regard to the State and the control period in 2016, a list of CSAPR NOX Ozone Season Group 1 units and the amount of CSAPR NOX Ozone Season Group 1 allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:

(i) All of the units on the list must be units that are in the State and commenced commercial operation before January 1, 2010;

(ii) The total amount of CSAPR NOX Ozone Season Group 1 allowance allocations on the list must not exceed the amount, under §97.510(a) of this chapter for the State and the control period in 2016, of the CSAPR NOX Ozone Season Group 1 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;

(iii) The list must be submitted electronically in a format specified by the Administrator; and

(iv) The SIP revision must not provide for any change in the units and allocations on the list after approval of the SIP revision by the Administrator and must not provide for any change in any allocation determined and recorded by the Administrator under subpart BBBBB of part 97 of this chapter;

(v) Provided that:

(A) By October 17, 2011 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, March 6, 2015, the State must notify the Administrator electronically in a format specified by the Administrator of the State's intent to submit to the Administrator a complete SIP revision meeting the requirements of paragraphs (b)(3)(i) through (iv) of this section by April 1, 2015 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 1, 2015; and

(B) The State must submit to the Administrator a complete SIP revision described in paragraph (b)(3)(v)(A) of this section by April 1, 2015 or, for Iowa, Michigan, Missouri, Oklahoma, and Wisconsin, October 1, 2015.

(4) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2)(i) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations revising subpart BBBBB of part 97 of this chapter as follows and not making any other substantive revisions of that subpart:

(i) The State may adopt, as applicability provisions replacing the provisions in §97.504(a)(1) and (2) of this chapter with regard to the State, provisions substantively identical to those provisions, except that the words “more than 25 MWe” are replaced, wherever such words appear, by words specifying a uniform lower limit on the amount of megawatts that is not greater than the amount specified by the words “more than 25 MWe” and is not less than the amount specified by the words “15 MWe or more”; and

(ii) The State may adopt, as CSAPR NOX Ozone Season Group 1 allowance allocation or auction provisions replacing the provisions in §§97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NOX Ozone Season Group 1 allowances, and may adopt, in addition to the definitions in §97.502 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR NOX Ozone Season Group 1 allowance allocation or auction provisions, if such methodology—

(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NOX Ozone Season Group 1 allowances for any such control period not exceeding the amount, under §§97.510(a) and 97.521 of this chapter for the State and such control period, of the CSAPR NOX Ozone Season Group 1 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NOX Ozone Season Group 1 allowances already allocated and recorded by the Administrator.

(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Ozone Season Group 1 allowances for any such control period to any CSAPR NOX Ozone Season Group 1 units covered by §97.511(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR NOX Ozone Season Group 1 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR NOX Ozone Season Group 1 allowances are allocated or auctionedDeadline for submission of allocations or auction results to
the Administrator
2017June 1, 2016.
2018June 1, 2016.
2019June 1, 2017.
2020June 1, 2017.
2021June 1, 2018.
2022June 1, 2018.
2023 and any year thereafterJune 1 of the fourth year before the year of the control period.

(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Ozone Season Group 1 allowances for any such control period to any CSAPR NOX Ozone Season Group 1 units covered by §§97.511(b)(1) and 97.512(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR NOX Ozone Season Group 1 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(D) Does not provide for any change, after the submission deadlines in paragraphs (b)(4)(ii)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart BBBBB of part 97 of this chapter;

(iii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (b)(4)(i) or (ii) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (b)(4)(ii)(B) and (C) of this section applicable to the first control period for which the State wants to replace the applicability provisions, make allocations, or hold an auction under paragraph (b)(4)(i) or (ii) of this section.

(5) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2)(i) of this section may adopt and include in a SIP revision, and the Administrator will approve, as correcting the deficiency in the SIP that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(i), and (b)(3) and (4) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State), regulations that are substantively identical to the provisions of the CSAPR NOX Ozone Season Group 1 Trading Program set forth in §§97.502 through 97.535 of this chapter, except that the SIP revision:

(i) May adopt, as applicability provisions replacing the provisions in §97.504(a)(1) and (2) of this chapter with regard to the State, provisions substantively identical to those provisions, except that the words “more than 25 MWe” are replaced, wherever such words appear, by words specifying a uniform lower limit on the amount of megawatts that is not greater than the amount specified by the words “more than 25 MWe” and is not less than the amount specified by the words “15 MWe or more”; and

(ii) May adopt, as CSAPR NOX Ozone Season Group 1 allowance allocation provisions replacing the provisions in §§97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NOX Ozone Season Group 1 allowances and that—

(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NOX Ozone Season Group 1 allowances for any such control period not exceeding the amount, under §§97.510(a) and 97.521 of this chapter for the State and such control period, of the CSAPR NOX Ozone Season Group 1 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NOX Ozone Season Group 1 allowances already allocated and recorded by the Administrator.

(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Ozone Season Group 1 allowances for any such control period to any CSAPR NOX Ozone Season Group 1 units covered by §97.511(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR NOX Ozone Season Group 1 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR NOX Ozone Season Group 1 allowances are allocated or auctionedDeadline for submission of allocations or auction results to
the Administrator
2017June 1, 2016.
2018June 1, 2016.
2019June 1, 2017.
2020June 1, 2017.
2021June 1, 2018.
2022June 1, 2018.
2023 and any year thereafterJune 1 of the fourth year before the year of the control period.

(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Ozone Season Group 1 allowances for any such control period to any CSAPR NOX Ozone Season Group 1 units covered by §§97.511(b)(1) and 97.512(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR NOX Ozone Season Group 1 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(D) Does not provide for any change, after the submission deadlines in paragraphs (b)(5)(ii)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart BBBBB of part 97 of this chapter;

(iii) May adopt, in addition to the definitions in §97.502 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR NOX Ozone Season Group 1 allowance allocation or auction provisions adopted under paragraph (b)(5)(ii) of this section;

(iv) May substitute the name of the State for the term “State” as used in subpart BBBBB of part 97 of this chapter, to the extent the Administrator determines that such substitutions do not make substantive changes in the provisions in §§97.502 through 97.535 of this chapter; and

(v) Must not include any of the requirements imposed on any unit in Indian country within the borders of the State in the provisions in §§97.502 through 97.535 of this chapter and must not include the provisions in §§97.511(b)(2) and (c)(5)(iii), 97.512(b), and 97.521(h) and (j) of this chapter, all of which provisions will continue to apply under any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision;

(vi) Provided that, if and when any covered unit is located in Indian country within the borders of the State, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in §§97.502 (definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share”), 97.506(c)(2), and 97.525 of this chapter and the portions of other provisions of subpart BBBBB of part 97 of this chapter referencing these sections and may modify any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision to include these provisions;

(vii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraphs (b)(5)(i) through (v) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (b)(5)(ii)(B) and (C) of this section applicable to the first control period for which the State wants to replace the applicability provisions, make allocations, or hold an auction under paragraph (b)(5)(i) or (ii) of this section.

(6) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2)(i) of this section may adopt and include in a SIP revision, and the Administrator will approve, as correcting the deficiency in the SIP that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(i), and (b)(3) and (4) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State), regulations that are substantively identical to the provisions of the CSAPR NOX Ozone Season Group 2 Trading Program set forth in §§97.802 through 97.835 of this chapter, subject to the following requirements and exceptions:

(i) The provisions of paragraphs (b)(9)(i) through (viii) of this section apply to any such SIP revision.

(ii) Following promulgation of an approval by the Administrator of such a SIP revision:

(A) The provisions of the SIP revision will apply to sources in the State with regard to emissions occurring in the control period that begins May 1 immediately after promulgation of such approval, or such later control period as may be adopted by the State in its regulations and approved by the Administrator in the SIP revision, and in each subsequent control period.

(B) Notwithstanding the provisions of paragraph (b)(6)(ii)(A) of this section, if, at the time of the approval of the SIP revision, the Administrator has already started recording any allocations of CSAPR NOX Ozone Season Group 1 allowances to units in the State for a control period in any year, the Administrator will not record allocations of CSAPR NOX Ozone Season Group 2 allowances to units in the State for any such control period under the provisions of the SIP revision but instead will allocate and record CSAPR NOX Ozone Season Group 2 allowances in place of CSAPR NOX Ozone Season Group 1 allowances under §97.526(c)(2) of this chapter, unless provided otherwise by such approval of the SIP revision.

(7) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2)(iii) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR NOX Ozone Season Group 2 allowance allocation provisions replacing the provisions in §97.811(a) of this chapter with regard to the State and the control period in 2018, a list of CSAPR NOX Ozone Season Group 2 units and the amount of CSAPR NOX Ozone Season Group 2 allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:

(i) All of the units on the list must be units that are in the State and commenced commercial operation before January 1, 2015;

(ii) The total amount of CSAPR NOX Ozone Season Group 2 allowance allocations on the list must not exceed the amount, under §97.810(a) of this chapter for the State and the control period in 2018, of the CSAPR NOX Ozone Season Group 2 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;

(iii) The list must be submitted electronically in a format specified by the Administrator; and

(iv) The SIP revision must not provide for any change in the units and allocations on the list after approval of the SIP revision by the Administrator and must not provide for any change in any allocation determined and recorded by the Administrator under subpart EEEEE of part 97 of this chapter;

(v) Provided that:

(A) By December 27, 2016, the State must notify the Administrator electronically in a format specified by the Administrator of the State's intent to submit to the Administrator a complete SIP revision meeting the requirements of paragraphs (b)(7)(i) through (iv) of this section by April 1, 2017; and

(B) The State must submit to the Administrator a complete SIP revision described in paragraph (b)(7)(v)(A) of this section by April 1, 2017.

(8) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2)(iii) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations revising subpart EEEEE of part 97 of this chapter as follows and not making any other substantive revisions of that subpart:

(i) The State may adopt, as applicability provisions replacing the provisions in §97.804(a)(1) and (2) of this chapter with regard to the State, provisions substantively identical to those provisions, except that the words “more than 25 MWe” are replaced, wherever such words appear, by words specifying a uniform lower limit on the amount of megawatts that is not greater than the amount specified by the words “more than 25 MWe” and is not less than the amount specified by the words “15 MWe or more”;

(ii) Such a State listed in §51.121(c) of this chapter may adopt, as applicability provisions replacing the provisions in §97.804(a) and (b) of this chapter with regard to the State, provisions substantively identical to those provisions, except that applicability is expanded to include, in addition to all units in the State that would be CSAPR NOX Ozone Season Group 2 units under §97.804(a) and (b) of this chapter and any units to which the State elects to expand applicability pursuant to paragraph (b)(8)(i) of this section, all other units that would have been subject to the State's emissions trading program regulations approved as a SIP revision under §51.121 of this chapter except units to which the State is authorized to expand applicability under paragraph (b)(8)(i) of this section; and

(iii) The State may adopt, as CSAPR NOX Ozone Season Group 2 allowance allocation or auction provisions replacing the provisions in §§97.811(a) and (b)(1) and 97.812(a) of this chapter with regard to the State and the control period in 2019 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NOX Ozone Season Group 2 allowances and may adopt, in addition to the definitions in §97.802 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR NOX Ozone Season Group 2 allowance allocation or auction provisions, if such methodology—

(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NOX Ozone Season Group 2 allowances for any such control period not exceeding the amount, under §§97.810(a) and 97.821 of this chapter for the State and such control period, of the CSAPR NOX Ozone Season Group 2 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NOX Ozone Season Group 2 allowances already allocated and recorded by the Administrator, plus, if the State adopts regulations expanding applicability to additional units pursuant to paragraph (b)(8)(ii) of this section, an additional amount of CSAPR NOX Ozone Season Group 2 allowances not exceeding the lesser of:

(1) The highest of the sum, for all additional units in the State to which applicability is expanded pursuant to paragraph (b)(8)(ii) of this section, of the NOX emissions reported in accordance with part 75 of this chapter for the ozone season in the year before the year of the submission deadline for the SIP revision under paragraph (b)(8)(iv) of this section and the corresponding sums of the NOX emissions reported in accordance with part 75 of this chapter for each of the two immediately preceding ozone seasons, provided that each such seasonal sum shall exclude the amount of any NOX emissions reported by any unit for all hours in any calendar day during which the unit did not have at least one quality-assured monitor operating hour, as defined in §72.2 of this chapter; or

(2) The portion of the emissions budget under the State's emissions trading program regulations approved as a SIP revision under §51.121 of this chapter that is attributable to the units to which applicability is expanded pursuant to paragraph (b)(8)(ii) of this section.

(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Ozone Season Group 2 allowances for any such control period to any CSAPR NOX Ozone Season Group 2 units covered by §97.811(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR NOX Ozone Season Group 2 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR NOX Ozone Season Group 2 allowances are allocated or auctionedDeadline for submission of allocations or auction results
to the Administrator
2019June 1, 2018.
2020June 1, 2018.
2021June 1, 2019.
2022June 1, 2019.
2023June 1, 2020.
2024June 1, 2020.
2025 and any year thereafterJune 1 of the fourth year before the year of the control period.

(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Ozone Season Group 2 allowances for any such control period to any CSAPR NOX Ozone Season Group 2 units covered by §§97.811(b)(1) and 97.812(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR NOX Ozone Season Group 2 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(D) Does not provide for any change, after the submission deadlines in paragraphs (b)(8)(iii)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart EEEEE of part 97 of this chapter or §97.526(c) of this chapter;

(iv) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (b)(8)(i), (ii), or (iii) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (b)(8)(iii)(B) and (C) of this section applicable to the first control period for which the State wants to replace the applicability provisions, make allocations, or hold an auction under paragraph (b)(8)(i), (ii), or (iii) of this section.

(9) Notwithstanding the provisions of paragraph (b)(1) of this section, a State listed in paragraph (b)(2)(iii) of this section may adopt and include in a SIP revision, and the Administrator will approve, as correcting the deficiency in the SIP that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(iii), and (b)(7) and (8) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State), regulations that are substantively identical to the provisions of the CSAPR NOX Ozone Season Group 2 Trading Program set forth in §§97.802 through 97.835 of this chapter, except that the SIP revision:

(i) May adopt, as applicability provisions replacing the provisions in §97.804(a)(1) and (2) of this chapter with regard to the State, provisions substantively identical to those provisions, except that the words “more than 25 MWe” are replaced, wherever such words appear, by words specifying a uniform lower limit on the amount of megawatts that is not greater than the amount specified by the words “more than 25 MWe” and is not less than the amount specified by the words “15 MWe or more”;

(ii) In the case of such a State listed in §51.121(c) of this chapter, may adopt, as applicability provisions replacing the provisions in §97.804(a) and (b) of this chapter with regard to the State, provisions substantively identical to those provisions, except that applicability is expanded to include, in addition to all units in the State that would be CSAPR NOX Ozone Season Group 2 units under §97.804(a) and (b) of this chapter and any units to which the State elects to expand applicability pursuant to paragraph (b)(9)(i) of this section, all other units that would have been subject to the State's emissions trading program regulations approved as a SIP revision under §51.121 of this chapter except units to which the State is authorized to expand applicability under paragraph (b)(9)(i) of this section; and

(iii) May adopt, as CSAPR NOX Ozone Season Group 2 allowance allocation provisions replacing the provisions in §§97.811(a) and (b)(1) and 97.812(a) of this chapter with regard to the State and the control period in 2019 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NOX Ozone Season Group 2 allowances and that—

(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NOX Ozone Season Group 2 allowances for any such control period not exceeding the amount, under §§97.810(a) and 97.821 of this chapter for the State and such control period, of the CSAPR NOX Ozone Season Group 2 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NOX Ozone Season Group 2 allowances already allocated and recorded by the Administrator, plus, if the State adopts regulations expanding applicability to additional units pursuant to paragraph (b)(9)(ii) of this section, an additional amount of CSAPR NOX Ozone Season Group 2 allowances not exceeding the lesser of:

(1) The highest of the sum, for all additional units in the State to which applicability is expanded pursuant to paragraph (b)(9)(ii) of this section, of the NOX emissions reported in accordance with part 75 of this chapter for the ozone season in the year before the year of the submission deadline for the SIP revision under paragraph (b)(9)(viii) of this section and the corresponding sums of the NOX emissions reported in accordance with part 75 of this chapter for each of the two immediately preceding ozone seasons, provided that each such seasonal sum shall exclude the amount of any NOX emissions reported by any unit for all hours in any calendar day during which the unit did not have at least one quality-assured monitor operating hour, as defined in §72.2 of this chapter; or

(2) The portion of the emissions budget under the State's emissions trading program regulations approved as a SIP revision under §51.121 of this chapter that is attributable to the units to which applicability is expanded pursuant to paragraph (b)(9)(ii) of this section.

(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Ozone Season Group 2 allowances for any such control period to any CSAPR NOX Ozone Season Group 2 units covered by §97.811(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR NOX Ozone Season Group 2 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR NOX Ozone Season Group 2 allowances are allocated or auctionedDeadline for submission of allocations or auction results
to the Administrator
2019June 1, 2018.
2020June 1, 2018.
2021June 1, 2019.
2022June 1, 2019.
2023June 1, 2020.
2024June 1, 2020.
2025 and any year thereafterJune 1 of the fourth year before the year of the control period.

(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NOX Ozone Season Group 2 allowances for any such control period to any CSAPR NOX Ozone Season Group 2 units covered by §§97.811(b)(1) and 97.812(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR NOX Ozone Season Group 2 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(D) Does not provide for any change, after the submission deadlines in paragraphs (b)(9)(iii)(B) and (C) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart EEEEE of part 97 of this chapter or §97.526(c) of this chapter;

(iv) May adopt, in addition to the definitions in §97.802 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR NOX Ozone Season Group 2 allowance allocation or auction provisions adopted under paragraph (b)(9)(iii) of this section;

(v) May substitute the name of the State for the term “State” as used in subpart EEEEE of part 97 of this chapter, to the extent the Administrator determines that such substitutions do not make substantive changes in the provisions in §§97.802 through 97.835 of this chapter; and

(vi) Must not include any of the requirements imposed on any unit in Indian country within the borders of the State in the provisions in §§97.802 through 97.835 of this chapter and must not include the provisions in §§97.811(b)(2) and (c)(5)(iii), 97.812(b), and 97.821(h) and (j) of this chapter, all of which provisions will continue to apply under any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision;

(vii) Provided that, if and when any covered unit is located in Indian country within the borders of the State, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in §§97.802 (definitions of “base CSAPR NOX Ozone Season Group 2 source”, “base CSAPR NOX Ozone Season Group 2 unit”, “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share”), 97.806(c)(2), and 97.825 of this chapter and the portions of other provisions of subpart EEEEE of part 97 of this chapter referencing these sections and may modify any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision to include these provisions;

(viii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraphs (b)(9)(i) through (vi) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (b)(9)(iii)(B) and (C) of this section applicable to the first control period for which the State wants to replace the applicability provisions, make allocations, or hold an auction under paragraph (b)(9)(i), (ii), or (iii) of this section.

(10) Following promulgation of an approval by the Administrator of a State's SIP revision as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(i), and (b)(3) and (4) of this section or paragraphs (b)(1), (b)(2)(iii), and (b)(7) and (8) of this section for sources in the State—

(i) The provisions of paragraph (b)(2)(i) or (iii) of this section, as applicable, will no longer apply to sources in the State, unless the Administrator's approval of the SIP revision is partial or conditional, and will continue to apply to sources in any Indian country within the borders of the State, provided that if the CSAPR Federal Implementation Plan was promulgated as a partial rather than full remedy for an obligation of the State to address interstate air pollution, the SIP revision likewise will constitute a partial rather than full remedy for the State's obligation unless provided otherwise in the Administrator's approval of the SIP revision; and

(ii) For a State listed in §51.121(c) of this chapter, the State's adoption of the regulations included in such approved SIP revision will satisfy with regard to the sources subject to such regulations, including any sources made subject to such regulations pursuant to paragraph (b)(9)(ii) of this section, the requirement under §51.121(r)(2) of this chapter for the State to revise its SIP to adopt control measures with regard to such sources.

(11) Notwithstanding the provisions of paragraph (b)(10)(i) of this section—

(i) If, at the time of such approval of the State's SIP revision, the Administrator has already started recording any allocations of CSAPR NOX Ozone Season Group 1 allowances under subpart BBBBB of part 97 of this chapter, or allocations of CSAPR NOX Ozone Season Group 2 allowances under subpart EEEEE 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 CSAPR NOX Ozone Season Group 1 allowances, or of subpart EEEEE of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR NOX Ozone Season Group 2 allowances, as applicable, 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; and

(ii) The provisions of §97.526(c)(1) through (6) of this chapter authorizing the Administrator to remove CSAPR NOX Ozone Season Group 1 allowances from any account where such allowances are held and to allocate and record amounts of CSAPR NOX Ozone Season Group 2 allowances in place of any CSAPR NOX Ozone Season Group 1 allowances that have been so removed or that have not been initially recorded, and the provisions of §97.526(c)(7) of this chapter authorizing the use of CSAPR NOX Ozone Season Group 2 allowances to satisfy requirements to hold CSAPR NOX Ozone Season Group 1 allowances, will continue to apply.

(12) The following States have SIP revisions approved by the Administrator under paragraph (b)(3), (4), or (5) of this section:

(i) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(3) of this section as replacing the CSAPR NOX Ozone Season Group 1 allowance allocation provisions in §97.511(a) of this chapter with regard to the State and the control period in 2016: Alabama and Missouri.

(ii) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(4) of this section as replacing the CSAPR NOX Ozone Season Group 1 applicability provisions in §97.504(a)(1) and (2) of this chapter or the CSAPR NOX Ozone Season Group 1 allowance allocation provisions in §§97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year: [none].

(iii) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(5) of this section as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(i), and (b)(3) and (4) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State): Georgia.

(13) The following States have SIP revisions approved by the Administrator under paragraph (b)(6), (7), (8), or (9) of this section:

(i) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(6) of this section as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(i), and (b)(3) and (4) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State): [none].

(ii) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(7) of this section as replacing the CSAPR NOX Ozone Season Group 2 allowance allocation provisions in §97.811(a) of this chapter with regard to the State and the control period in 2018: [none].

(iii) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(8) of this section as replacing the CSAPR NOX Ozone Season Group 2 applicability provisions in §97.804(a) and (b) or §97.804(a)(1) and (2) of this chapter or the CSAPR NOX Ozone Season Group 2 allowance allocation provisions in §§97.811(a) and (b)(1) and 97.812(a) of this chapter with regard to the State and the control period in 2019 or any subsequent year: New York.

(iv) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(9) of this section as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (b)(1), (b)(2)(iii), and (b)(7) and (8) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State): Alabama and Indiana.

[76 FR 48354, Aug. 8, 2011, as amended at 76 FR 80774, Dec. 27, 2011; 79 FR 71671, Dec. 3, 2014; 81 FR 74586, Oct. 26, 2016; 82 FR 45496, Sept. 29, 2017; 82 FR 46677, Oct. 6, 2017; 82 FR 47934, 47939, Oct. 13, 2017; 82 FR 57366, Dec. 5, 2017; 83 FR 64476, Dec. 17, 2018; 84 FR 8443, Mar. 8, 2019; 84 FR 38881, Aug. 8, 2019]

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§52.39   What are the requirements of the Federal Implementation Plans (FIPs) for the Cross-State Air Pollution Rule (CSAPR) relating to emissions of sulfur dioxide?

(a) The CSAPR SO2 Group 1 Trading Program provisions and the CSAPR SO2 Group 2 Trading Program provisions set forth respectively in subparts CCCCC and DDDDD of part 97 of this chapter constitute the CSAPR Federal Implementation Plan provisions that relate to emissions of sulfur dioxide (SO2).

(b) The provisions of subpart CCCCC of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2015 and each subsequent year: Illinois, Indiana, Iowa, Kentucky, Maryland, Michigan, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia, and Wisconsin.

(c)(1) The provisions of subpart DDDDD of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2015 and each subsequent year: Alabama, Georgia, Kansas, Minnesota, Nebraska, and South Carolina.

(2) The provisions of subpart DDDDD of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2015 and 2016 only: Texas.

(d) Notwithstanding the provisions of paragraph (a) of this section, a State listed in paragraph (b) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR SO2 Group 1 allowance allocation provisions replacing the provisions in §97.611(a) of this chapter with regard to the State and the control period in 2016, a list of CSAPR SO2 Group 1 units and the amount of CSAPR SO2 Group 1 allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:

(1) All of the units on the list must be units that are in the State and commenced commercial operation before January 1, 2010;

(2) The total amount of CSAPR SO2 Group 1 allowance allocations on the list must not exceed the amount, under §97.610(a) of this chapter for the State and the control period in 2016, of the CSAPR SO2 Group 1 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;

(3) The list must be submitted electronically in a format specified by the Administrator; and

(4) The SIP revision must not provide for any change in the units and allocations on the list after approval of the SIP revision by the Administrator and must not provide for any change in any allocation determined and recorded by the Administrator under subpart CCCCC of part 97 of this chapter;

(5) Provided that:

(i) By October 17, 2011, the State must notify the Administrator electronically in a format specified by the Administrator of the State's intent to submit to the Administrator a complete SIP revision meeting the requirements of paragraphs (d)(1) through (4) of this section by April 1, 2015; and

(ii) The State must submit to the Administrator a complete SIP revision described in paragraph (d)(5)(i) of this section by April 1, 2015.

(e) Notwithstanding the provisions of paragraph (a) of this section, a State listed in paragraph (b) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations revising subpart CCCCC of part 97 of this chapter as follows and not making any other substantive revisions of that subpart:

(1) The State may adopt, as CSAPR SO2 Group 1 allowance allocation or auction provisions replacing the provisions in §§97.611(a) and (b)(1) and 97.612(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR SO2 Group 1 allowances and may adopt, in addition to the definitions in §97.602 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR SO2 Group 1 allowance allocation or auction provisions, if such methodology—

(i) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR SO2 Group 1 allowances for any such control period not exceeding the amount, under §§97.610(a) and 97.621 of this chapter for the State and such control period, of the CSAPR SO2 Group 1 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR SO2 Group 1 allowances already allocated and recorded by the Administrator.

(ii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO2 Group 1 allowances for any such control period to any CSAPR SO2 Group 1 units covered by §97.611(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR SO2 Group 1 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR SO2 Group 1 allowances are allocated or auctionedDeadline for submission of allocations or auction results to
the Administrator
2017June 1, 2016.
2018June 1, 2016.
2019June 1, 2017.
2020June 1, 2017.
2021June 1, 2018.
2022June 1, 2018.
2023 and any year thereafterJune 1 of the fourth year before the year of the control period.

(iii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO2 Group 1 allowances for any such control period to any CSAPR SO2 Group 1 units covered by §§97.611(b)(1) and 97.612(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR SO2 Group 1 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(iv) Does not provide for any change, after the submission deadlines in paragraphs (e)(1)(ii) and (iii) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart CCCCC of part 97 of this chapter;

(2) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (e)(1) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (e)(1)(ii) and (iii) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (e)(1) of this section.

(f) Notwithstanding the provisions of paragraph (a) of this section, a State listed in paragraph (b) of this section may adopt and include in a SIP revision, and the Administrator will approve, as correcting the deficiency in the SIP that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (a), (b), (d), and (e) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State), regulations that are substantively identical to the provisions of the CSAPR SO2 Group 1 Trading Program set forth in §§97.602 through 97.635 of this chapter, except that the SIP revision:

(1) May adopt, as CSAPR SO2 Group 1 allowance allocation or auction provisions replacing the provisions in §§97.611(a) and (b)(1) and 97.612(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR SO2 Group 1 allowances and that—

(i) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR SO2 Group 1 allowances for any such control period not exceeding the amount, under §§97.610(a) and 97.621 of this chapter for the State and such control period, of the CSAPR SO2 Group 1 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR SO2 Group 1 allowances already allocated and recorded by the Administrator.

(ii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO2 Group 1 allowances for any such control period to any CSAPR SO2 Group 1 units covered by §97.611(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR SO2 Group 1 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR SO2 Group 1 allowances are allocated or auctionedDeadline for submission of allocations or auction results to
the Administrator
2017June 1, 2016.
2018June 1, 2016.
2019June 1, 2017.
2020June 1, 2017.
2021June 1, 2018.
2022June 1, 2018.
2023 and any year thereafterJune 1 of the fourth year before the year of the control period.

(iii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO2 Group 1 allowances for any such control period to any CSAPR SO2 Group 1 units covered by §§97.611(b)(1) and 97.612(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR SO2 Group 1 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(iv) Does not provide for any change, after the submission deadlines in paragraphs (f)(1)(ii) and (iii) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart CCCCC of part 97 of this chapter;

(2) May adopt, in addition to the definitions in §97.602 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR SO2 Group 1 allowance allocation or auction provisions adopted under paragraph (f)(1) of this section;

(3) May substitute the name of the State for the term “State” as used in subpart CCCCC of part 97 of this chapter, to the extent the Administrator determines that such substitutions do not make substantive changes in the provisions in §§97.602 through 97.635 of this chapter; and

(4) Must not include any of the requirements imposed on any unit in Indian country within the borders of the State in the provisions in §§97.602 through 97.635 of this chapter and must not include the provisions in §§97.611(b)(2) and (c)(5)(iii), 97.612(b), and 97.621(h) and (j) of this chapter, all of which provisions will continue to apply under any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision;

(5) Provided that, if and when any covered unit is located in Indian country within the borders of the State, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in §§97.602 (definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share”), 97.606(c)(2), and 97.625 of this chapter and the portions of other provisions of subpart CCCCC of part 97 of this chapter referencing these sections and may modify any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision to include these provisions;

(6) Provided that the State must submit a complete SIP revision meeting the requirements of paragraphs (f)(1) through (4) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (f)(1)(ii) and (iii) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (f)(1) of this section.

(g) Notwithstanding the provisions of paragraph (a) of this section, a State listed in paragraph (c)(1) or (2) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR SO2 Group 2 allowance allocation provisions replacing the provisions in §97.711(a) of this chapter with regard to the State and the control period in 2016, a list of CSAPR SO2 Group 2 units and the amount of CSAPR SO2 Group 2 allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:

(1) All of the units on the list must be units that are in the State and commenced commercial operation before January 1, 2010;

(2) The total amount of CSAPR SO2 Group 2 allowance allocations on the list must not exceed the amount, under §97.710(a) of this chapter for the State and the control period in 2016, of the CSAPR SO2 Group 2 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;

(3) The list must be submitted electronically in a format specified by the Administrator; and

(4) The SIP revision must not provide for any change in the units and allocations on the list after approval of the SIP revision by the Administrator and must not provide for any change in any allocation determined and recorded by the Administrator under subpart DDDDD of part 97 of this chapter;

(5) Provided that:

(i) By October 17, 2011, the State must notify the Administrator electronically in a format specified by the Administrator of the State's intent to submit to the Administrator a complete SIP revision meeting the requirements of paragraphs (g)(1) through (4) of this section by April 1, 2015; and

(ii) The State must submit to the Administrator a complete SIP revision described in paragraph (g)(5)(i) of this section by April 1, 2015.

(h) Notwithstanding the provisions of paragraph (a) of this section, a State listed in paragraph (c)(1) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations revising subpart DDDDD of part 97 of this chapter as follows and not making any other substantive revisions of that subpart:

(1) The State may adopt, as CSAPR SO2 Group 2 allowance allocation or auction provisions replacing the provisions in §§97.711(a) and (b)(1) and 97.712(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR SO2 Group 2 allowances and may adopt, in addition to the definitions in §97.702 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR SO2 Group 2 allowance allocation or auction provisions, if such methodology—

(i) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR SO2 Group 2 allowances for any such control period not exceeding the amount, under §§97.710(a) and 97.721 of this chapter for the State and such control period, of the CSAPR SO2 Group 2 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR SO2 Group 2 allowances already allocated and recorded by the Administrator.

(ii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO2 Group 2 allowances for any such control period to any CSAPR SO2 Group 2 units covered by §97.711(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR SO2 Group 2 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR SO2 Group 2 allowances are allocated or auctionedDeadline for submission of allocations or auction results to
the Administrator
2017June 1, 2016.
2018June 1, 2016.
2019June 1, 2017.
2020June 1, 2017.
2021June 1, 2018.
2022June 1, 2018.
2023 and any year thereafterJune 1 of the fourth year before the year of the control period.

(iii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO2 Group 2 allowances for any such control period to any CSAPR SO2 Group 2 units covered by §§97.711(b)(1) and 97.712(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR SO2 Group 2 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(iv) Does not provide for any change, after the submission deadlines in paragraphs (h)(1)(ii) and (iii) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart DDDDD of part 97 of this chapter;

(2) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (h)(1) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (h)(1)(ii) and (iii) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (h)(1) of this section.

(i) Notwithstanding the provisions of paragraph (a) of this section, a State listed in paragraph (c)(1) of this section may adopt and include in a SIP revision, and the Administrator will approve, as correcting the deficiency in the SIP that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (a), (c)(1), (g), and (h) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State), regulations that are substantively identical to the provisions of the CSAPR SO2 Group 2 Trading Program set forth in §§97.702 through 97.735 of this chapter, except that the SIP revision:

(1) May adopt, as CSAPR SO2 Group 2 allowance allocation or auction provisions replacing the provisions in §§97.711(a) and (b)(1) and 97.712(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR SO2 Group 2 allowances and that—

(i) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR SO2 Group 2 allowances for any such control period not exceeding the amount, under §§97.710(a) and 97.721 of this chapter for the State and such control period, of the CSAPR SO2 Group 2 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR SO2 Group 2 allowances already allocated and recorded by the Administrator.

(ii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO2 Group 2 allowances for any such control period to any CSAPR SO2 Group 2 units covered by §97.711(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions for such control period (except allocations or results of auctions to such units of CSAPR SO2 Group 2 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator no later than the following dates:

Year of the control period for which CSAPR SO2 Group 2 allowances are allocated or auctionedDeadline for submission of allocations or auction results to
the Administrator
2017June 1, 2016.
2018June 1, 2016.
2019June 1, 2017.
2020June 1, 2017.
2021June 1, 2018.
2022June 1, 2018.
2023 and any year thereafterJune 1 of the fourth year before the year of the control period.

(iii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO2 Group 2 allowances for any such control period to any CSAPR SO2 Group 2 units covered by §§97.711(b)(1) and 97.712(a) of this chapter, that the State or the permitting authority submit such allocations or the results of such auctions (except allocations or results of auctions to such units of CSAPR SO2 Group 2 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by July 1 of the year of such control period.

(iv) Does not provide for any change, after the submission deadlines in paragraphs (i)(1)(ii) and (iii) of this section, in the allocations submitted to the Administrator by such deadlines and does not provide for any change in any allocation determined and recorded by the Administrator under subpart DDDDD of part 97 of this chapter;

(2) May adopt, in addition to the definitions in §97.702 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR SO2 Group 2 allowance allocation or auction provisions adopted under paragraph (i)(1) of this section;

(3) May substitute the name of the State for the term “State” as used in subpart DDDDD of part 97 of this chapter, to the extent the Administrator determines that such substitutions do not make substantive changes in the provisions in §§97.702 through 97.735 of this chapter; and

(4) Must not include any of the requirements imposed on any unit in Indian country within the borders of the State in the provisions in §§97.702 through 97.735 of this chapter and must not include the provisions in §§97.711(b)(2) and (c)(5)(iii), 97.712(b), and 97.721(h) and (j) of this chapter, all of which provisions will continue to apply under any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision;

(5) Provided that, if and when any covered unit is located in Indian country within the borders of the State, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in §§97.702 (definitions of “common designated representative”, “common designated representative's assurance level”, and “common designated representative's share”), 97.706(c)(2), and 97.725 of this chapter and the portions of other provisions of subpart DDDDD of part 97 of this chapter referencing these sections and may modify any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision to include these provisions;

(6) Provided that the State must submit a complete SIP revision meeting the requirements of paragraphs (i)(1) through (4) of this section by December 1 of the year before the year of the deadlines for submission of allocations or auction results under paragraphs (i)(1)(ii) and (iii) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (i)(1) of this section.

(j) Following promulgation of an approval by the Administrator of a State's SIP revision as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (a), (b), (d), and (e) of this section or paragraphs (a), (c)(1), (g), and (h) of this section for sources in the State, the provisions of paragraph (b) or (c)(1) of this section, as applicable, will no longer apply to sources in the State, unless the Administrator's approval of the SIP revision is partial or conditional, and will continue to apply to sources in any Indian country within the borders of the State, provided that if the CSAPR Federal Implementation Plan was promulgated as a partial rather than full remedy for an obligation of the State to address interstate air pollution, the SIP revision likewise will constitute a partial rather than full remedy for the State's obligation unless provided otherwise in the Administrator's approval of the SIP revision.

(k) Notwithstanding the provisions of paragraph (j) of this section, if, at the time of such approval of the State's SIP revision, the Administrator has already started recording any allocations of CSAPR SO2 Group 1 allowances under subpart CCCCC of part 97 of this chapter, or allocations of CSAPR SO2 Group 2 allowances under subpart DDDDD of part 97 of this chapter, to units in the State for a control period in any year, the provisions of subpart CCCCC of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR SO2 Group 1 allowances, or of subpart DDDDD of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR SO2 Group 2 allowances, as applicable, 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.

(l) The following States have SIP revisions approved by the Administrator under paragraph (d), (e), or (f) of this section:

(1) For each of the following States, the Administrator has approved a SIP revision under paragraph (d) of this section as replacing the CSAPR SO2 Group 1 allowance allocation provisions in §97.611(a) of this chapter with regard to the State and the control period in 2016: [none].

(2) For each of the following States, the Administrator has approved a SIP revision under paragraph (e) of this section as replacing the CSAPR SO2 Group 1 allowance allocation provisions in §§97.611(a) and (b)(1) and 97.612(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year: Missouri and New York.

(3) For each of the following States, the Administrator has approved a SIP revision under paragraph (f) of this section as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (a), (b), (d), and (e) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State): Indiana.

(m) The following States have SIP revisions approved by the Administrator under paragraph (g), (h), or (i) of this section:

(1) For each of the following States, the Administrator has approved a SIP revision under paragraph (g) of this section as replacing the CSAPR SO2 Group 2 allowance allocation provisions in §97.711(a) of this chapter with regard to the State and the control period in 2016: Alabama and Nebraska.

(2) For each of the following States, the Administrator has approved a SIP revision under paragraph (h) of this section as replacing the CSAPR SO2 Group 2 allowance allocation provisions in §§97.711(a) and (b)(1) and 97.712(a) of this chapter with regard to the State and the control period in 2017 or any subsequent year: [none].

(3) For each of the following States, the Administrator has approved a SIP revision under paragraph (i) of this section as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan set forth in paragraphs (a), (c)(1), (g), and (h) of this section with regard to sources in the State (but not sources in any Indian country within the borders of the State): Alabama, Georgia, and South Carolina.

[76 FR 48357, Aug. 8, 2011, as amended at 77 FR 10334, Feb. 21, 2012; 79 FR 71671, Dec. 3, 2014; 81 FR 74586 and 74591, Oct. 26, 2016; 82 FR 45496, Sept. 29, 2017; 82 FR 47934, 47939, Oct. 13, 2017; 82 FR 57366, Dec. 5, 2017; 83 FR 64476, Dec. 17, 2018]

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Subpart B—Alabama

§52.50   Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for Alabama under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to October 1, 2017, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after October 1, 2017, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1).

(3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta, GA 30303. To obtain the material, please call (404) 562-9022. You may inspect the material with an EPA approval date prior to October 1, 2017, for Alabama at the National Archives and Records Administration. For information on the availability of this material at NARA go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

(c) EPA Approved Alabama Regulations.

EPA-Approved Alabama Regulations

State citationTitle/subjectState effective dateEPA approval dateExplanation
Chapter No. 335-1-1 Organization
Section 335-1-1-.03Organization and Duties of the Commission12/8/20177/6/2018, 83 FR 31454
Section 335-1-1-.04Organization of the Department12/8/20177/6/2018, 83 FR 31454
Chapter No. 335-3-1   General Provision
Section 335-3-1-.01Purpose6/22/19893/19/1990, 55 FR 10062
Section 335-3-1-.02Definitions5/19/201710/13/2017, 82 FR 47631
Section 335-3-1-.03Ambient Air Quality Standards10/13/19983/1/1999, 64 FR 9918
Section 335-3-1-.04Monitoring, Records, and Reporting10/15/19966/6/1997, 62 FR 30991
Section 335-3-1-.05Sampling and Testing Methods6/22/19893/19/1990, 55 FR 10062
Section 335-3-1-.06Compliance Schedule10/15/19966/6/1997, 62 FR 30991
Section 335-3-1-.07Maintenance and Malfunctioning of Equipment; Reporting10/15/19893/19/1990, 55 FR 10062
Section 335-3-1-.08Prohibition of Air Pollution8/10/200012/8/2000, 65 FR 76938
Section 335-3-1-.09Variances10/15/19966/6/1997, 62 FR 30991
Section 335-3-1-.10Circumvention6/22/19893/19/1990, 55 FR 10062
Section 335-3-1-.11Severability10/15/19966/6/1997, 62 FR 30991
Section 335-3-1-.12Bubble Provision6/22/19893/19/1990, 55 FR 10062
Section 335-3-1-.13Credible Evidence4/13/199911/3/1999, 64 FR 59633
Section 335-3-1-.14Emissions Reporting Requirements Relating to Budgets for NOX Emissions4/6/20017/16/2001, 66 FR 36921
Section 335-3-1-.15Emissions Inventory Reporting Requirements4/3/20034/24/2003, 68 FR 20077
Chapter No. 335-3-2   Air Pollution Emergency
Section 335-3-2-.01Air Pollution Emergency6/22/19893/19/1990, 55 FR 10062
Section 335-3-2-.02Episode Criteria8/10/200012/8/2000, 65 FR 76940
Section 335-3-2-.03Special Episode Criteria6/22/19893/19/1990, 55 FR 10062
Section 335-3-2-.04Emission Reduction Plans6/22/19893/19/1990, 55 FR 10062
Section 335-3-2-.05Two Contaminant Episode6/22/19893/19/1990, 55 FR 10062
Section 335-3-2-.06General Episodes6/22/19893/19/1990, 55 FR 10062
Section 335-3-2-.07Local Episodes6/22/19893/19/1990, 55 FR 10062
Section 335-3-2-.08Other Sources10/15/19966/6/1997, 62 FR 30991
Section 335-3-2-.09Other Authority Not Affected6/22/19893/19/1990, 55 FR 10062
Chapter No. 335-3-3   Control of Open Burning and Incineration
Section 335-3-3-.01Open Burning1/22/20089/15/2008, 73 FR 53134
Section 335-3-3-.02Incinerators6/22/19893/19/1990, 55 FR 10062
Section 335-3-3-.03Incineration of Wood, Peanut, and Cotton Ginning Waste8/10/200012/8/2000, 65 FR 76938
Chapter No. 335-3-4   Control of Particulate Emissions
Section 335-3-4-.01Visible Emissions9/30/200810/15/2008, 73 FR 60957
Section 335-3-4-.02Fugitive Dust and Fugitive Emissions10/15/19966/6/1997, 62 FR 30991
Section 335-3-4-.03Fuel Burning Equipment10/15/19966/6/1997, 62 FR 30991
Section 335-3-4-.04Process Industries—General10/15/19966/6/1997, 62 FR 30991
Section 335-3-4-.05Small Foundry Cupola6/22/19893/19/1990, 55 FR 10062
Section 335-3-4-.06Cotton Gins6/22/19893/19/1990, 55 FR 10062
Section 335-3-4-.07Kraft Pulp Mills10/15/19966/6/1997, 62 FR 30991
Section 335-3-4-.08Wood Waste Boilers6/9/201710/13/2017, 82 FR 47631
Section 335-3-4-.09Coke Ovens8/10/200012/8/2000, 65 FR 76940
Section 335-3-4-.10Primary Aluminum Plants6/22/19893/19/1990, 55 FR 10062
Section 335-3-4-.11Cement Plants10/15/19966/6/1997, 62 FR 30991
Section 335-3-4-.12Xylene Oxidation Process6/22/19893/19/1990, 55 FR 10062
Section 335-3-4-.13Sintering Plants6/22/19893/19/1990, 55 FR 10062
Section 335-3-4-.14Grain Elevators10/15/19966/6/1997, 62 FR 30991
Section 335-3-4-.15Secondary Lead Smelters10/15/19966/6/1997, 62 FR 30991
Section 335-3-4-.17Steel Mills Located in Etowah County10/15/19966/6/1997, 62 FR 30991
Chapter No. 335-3-5   Control of Sulfur Compound Emissions
Section 335-3-5-.01Fuel Combustions10/15/19966/6/1997, 62 FR 30991
Section 335-3-5-.02Sulfuric Acid Plants10/15/19966/6/1997, 62 FR 30991
Section 335-3-5-.03Petroleum Production8/10/200012/8/2000, 65 FR 76938
Section 335-3-5-.04Kraft Pulp Mills8/10/200012/8/2000, 65 FR 76938
Section 335-3-5-.05Process Industries—General6/22/19893/19/1990, 55 FR 10062
Section 335-3-5-.06State Clean Air Interstate Rule (CAIR) SO2 Trading Program General Provisions4/3/200710/1/2007, 72 FR 55659
Section 335-3-5-.06TR SO2 Trading Program—Purpose and Definitions11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-5-.06 are included in the approved SIP.
Section 335-3-5-.07CAIR Designated Representative for CAIR SO2 Sources4/3/200710/1/2007, 72 FR 55659
Section 335-3-5-.07TR SO2 Trading Program—Applicability11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-5-.07 are included in the approved SIP.
Section 335-3-5-.08Permits4/3/200710/1/2007, 72 FR 55659
Section 335-3-5-.08TR SO2 Trading Program—Retired Unit Exemption11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-5-.08 are included in the approved SIP.
Section 335-3-5-.09TR SO2 Trading Program—Standard Requirements11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.10TR SO2 Trading Program—computation of Time11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.11CAIR SO2 Allowance Tracking System4/3/200710/1/2007, 72 FR 55659
Section 335-3-5-.11Administrative Appeal Procedures11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-5-.11 are included in the approved SIP.
Section 335-3-5-.12CAIR SO2 Allowance Transfers4/3/200710/1/2007, 72 FR 55659
Section 335-3-5-.12SO2 Trading Budgets and Variability Limits11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-5-.12 are included in the approved SIP.
Section 335-3-5-.13Monitoring and Reporting4/3/200710/1/2007, 72 FR 55659
Section 335-3-5-.13TR SO2 Allowance Allocations11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-5-.13 are included in the approved SIP.
Section 335-3-5-.14CAIR SO2 Opt-in Units4/3/200710/1/2007, 72 FR 55659
Section 335-3-5-.14Authorization of Designated Representative and Alternate Designated Representative11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-5-.14 are included in the approved SIP.
Section 335-3-5-.15Responsibilities of Designated Representative and Alternate Designated Representative11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.16Changing Designated Representative and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.17Certificate of Representation11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.18Objections Concerning Designated Representative and Alternate Designated Representative11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.19Delegation by Designated Representative and Alternate Designated Representative11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.21Establishment of Compliance Accounts, Assurance Accounts, and General Accounts11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.22Recordation of TR SO2 Allowance Allocations and Auction Results11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.23Submission of TR SO2 Allowance Transfers11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.24Recordation of TR SO2 Allowance Transfers11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.25Compliance with TR SO2 Emissions Limitation11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.26Compliance with TR SO2 Assurance Provisions11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.27Banking11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.28Account Error11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.29Administrator's Action on Submissions11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.31General Monitoring, Recordkeeping, and Reporting Requirements11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.32Initial Monitoring System Certification and Recertification Procedures11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.33Monitoring System Out-of-Control Periods11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.34Notifications Concerning Monitoring11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.35Recordkeeping and Reporting11/24/20158/31/2016, 81 FR 59869
Section 335-3-5-.36Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements11/24/20158/31/2016, 81 FR 59869
Chapter No. 335-3-6   Control of Organic Emissions
Section 335-3-6-.01Applicability10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.02VOC Water Separation4/15/19879/27/1993, 58 FR 50262
Section 335-3-6-.03Loading and Storage of VOC4/15/19879/27/1993, 58 FR 50262
Section 335-3-6-.04Fixed-Roof Petroleum Liquid Storage Vessels10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.05Bulk Gasoline Plants10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.06Bulk Gasoline Terminals8/10/200012/8/2000, 65 FR 76938
Section 335-3-6-.07Gasoline Dispensing Facilities—Stage I10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.08Petroleum Refinery Sources6/22/19893/19/1990, 55 FR 10062
Section 335-3-6-.09Pumps and Compressors6/22/19893/19/1990, 55 FR 10062
Section 335-3-6-.10Ethylene Producing Plants6/22/19893/19/1990, 55 FR 10062
Section 335-3-6-.11Surface Coating10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.12Solvent Metal Cleaning10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.13Cutback Asphalt10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.14Petition for Alternative Controls6/22/19893/19/1990, 55 FR 10062
Section 335-3-6-.15Compliance Schedules10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.16Test Methods and Procedures8/10/200012/8/2000, 65 FR 76938
Section 335-3-6-.17Manufacture of Pneumatic Tires10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.18Manufacture of Synthesized Pharmaceutical Products10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.20Leaks from Gasoline Tank Trucks and Vapor Collection Systems10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.21Leaks from Petroleum Refinery Equipment10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.22Graphic Arts10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.23Petroleum Liquid Storage in External Floating Roof Tanks10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.24Applicability10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.25VOC Water Separation6/22/19893/19/1990, 55 FR 10062
Section 335-3-6-.26Loading and Storage of VOC4/15/19879/27/1993, 58 FR 50262
Section 335-3-6-.27Fixed-Roof Petroleum Liquid Storage Vessels10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.28Bulk Gasoline Plants10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.29Gasoline Terminals10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.30Gasoline Dispensing Facilities Stage 110/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.31Petroleum Refinery Sources4/15/19879/27/1993, 58 FR 50262
Section 335-3-6-.32Surface Coating10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.33Solvent Metal Cleaning10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.34Cutback Asphalt10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.35Petition for Alternative Controls4/15/19879/27/1993, 58 FR 50262
Section 335-3-6-.36Compliances Schedules10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.37Test Methods and Procedures10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.38Manufacture of Pneumatic Tires6/22/19893/19/1990, 55 FR 10062
Section 335-3-6-.39Manufacture of Synthesized Pharmaceutical Products10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.41Leaks from Gasoline Tank Trucks and Vapor Collection Systems10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.42Leaks from Petroleum Refinery Equipment10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.43Graphic Arts10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.44Petroleum Liquid Storage in External Floating Roof Tanks10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.45Large Petroleum Dry Cleaners10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.46Aerospace Assembly and Component and Component Coatings Operation6/22/19896/6/1997, 62 FR 30991
Section 335-3-6-.47Leaks from Coke by-Product Recovery Plant Equipment10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.48Emissions from Coke by-Product Recovery Plant Coke Oven Gas Bleeder10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.49Manufacture of Laminated Countertops10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.50Paint Manufacture10/15/19966/6/1997, 62 FR 30991
Section 335-3-6-.53List of EPA Approved and Equivalent Test Methods and Procedures for the Purpose of Determining VOC Emissions10/15/19966/6/1997, 62 FR 30991
Chapter No. 335-3-7   Carbon Monoxide Emissions
Section 335-3-7-.01Metals Productions6/22/19893/19/1990, 55 FR 10062
Section 335-3-7-.02Petroleum Processes6/22/19893/19/1990, 55 FR 10062
Chapter No. 335-3-8   Control of Nitrogen Oxides Emissions
Section 335-3-8-.01Standards for Portland Cement Kilns4/6/20017/17/2001, 66 FR 36919
Section 335-3-8-.02Nitric Acid Manufacturing10/15/19966/6/1997, 62 FR 30991
Section 335-3-8-.03NOX Emissions from Electric Utility Generating Units10/24/200011/7/2001, 66 FR 56223
Section 335-3-8-.04Standards for Stationary Reciprocating Internal Combustion Engines3/22/200512/28/2005, 70 FR 76694
Section 335-3-8-.05NOX Budget Trading Program4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.06Authorized Account Representative for NOX Budget Sources4/6/20017/16/2001, 66 FR 36919
Section 335-3-8-.07Permits4/6/20017/16/2001, 66 FR 36919
Section 335-3-8-.07TR NOX Annual Trading Program—Purpose and Definitions11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.07 are included in the approved SIP.
Section 335-3-8-.08Compliance Certification4/6/20017/16/2001, 66 FR 36919
Section 335-3-8-.08TR NOX Annual Trading Program—Applicability11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.08 are included in the approved SIP.
Section 335-3-8-.09NOX Allowance Allocations4/6/20017/16/2001, 66 FR 36919
Section 335-3-8-.09TR NOX Annual Trading Program—Retired Unit Exemption11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.09 are included in the approved SIP.
Section 335-3-8-.10NOX Allowance Tracking System4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.10TR NOX Annual Trading Program—Standard Requirements11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.10 are included in the approved SIP.
Section 335-3-8-.11NOX Allowance Transfers4/6/20017/16/2001, 66 FR 36919
Section 335-3-8-.11TR NOX Annual Trading Program—Computation of Time11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.11 are included in the approved SIP.
Section 335-3-8-.12Monitoring and Reporting4/6/20017/16/2001, 66 FR 36919
Section 335-3-8-.12Administrative Appeal Procedures11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.12 are included in the approved SIP.
Section 335-3-8-.13Individual Unit Opt-ins4/6/20017/16/2001, 66 FR 36919
Section 335-3-8-.13NOX Annual Trading Budgets and Variability Limits11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.13 are included in the approved SIP.
Section 335-3-8-.14New Combustion Sources4/6/20017/16/2001, 66 FR 36919
Section 335-3-8-.14TR NOX Annual Allowance Allocations11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.14 are included in the approved SIP.
Section 335-3-8-.16CAIR NOX Annual Budget Trading Program4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.16Authorization of Designated Representative and Alternate Designated Representative11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.16 are included in the approved SIP.
Section 335-3-8-.17CAIR Designated Representative for CAIR NOX Sources4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.17Responsibilities of Designated Representative and Alternate Designated Representative11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.17 are included in the approved SIP.
Section 335-3-8-.18CAIR Permits4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.18Changing Designated Representative and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.18 are included in the approved SIP.
Section 335-3-8-.19Certificate of Representation11/24/20158/31/2016, 81 FR 59869
Section 335-3-8-.20CAIR NOX Allowance Allocations4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.20Objections Concerning Designated Representative and Alternate Designated Representative11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.20 are included in the approved SIP.
Section 335-3-8-.21CAIR NOX Allowance Tracking System4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.21Delegation by Designated Representative and Alternate Designated Representative11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.21 are included in the approved SIP.
Section 335-3-8-.23CAIR Monitoring and Reporting4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.23Establishment of Compliance Accounts, Assurance Accounts, and General Accounts11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.23 are included in the approved SIP.
Section 335-3-8-.24CAIR NOX Opt-in Units4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.24Recordation of TR NOX Annual Allowance Allocations and Auction Results11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.24 are included in the approved SIP.
Section 335-3-8-.25CAIR NOX Ozone Season Trading Program4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.25Submission of TR NOX Annual Allowance Transfers11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.25 are included in the approved SIP.
Section 335-3-8-.26CAIR Designated Representative for CAIR NOX Ozone Season Sources4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.26Recordation of TR NOX Annual Allowance Transfers11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.26 are included in the approved SIP.
Section 335-3-8-.27CAIR NOX Ozone Season Permits4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.27Compliance with TR NOX Annual Emissions Limitation11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.27 are included in the approved SIP.
Section 335-3-8-.28Compliance with TR NOX Annual Assurance Provisions11/24/20158/31/2016, 81 FR 59869
Section 335-3-8-.29CAIR NOX Ozone Season Allowance Allocations4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.29Banking11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.29 are included in the approved SIP.
Section 335-3-8-.30CAIR NOX Ozone Season Allowance Tracking System4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.30Account Error11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.30 are included in the approved SIP.
Section 335-3-8-.31Administrator's Action on Submissions11/24/20158/31/2016, 81 FR 59869
Section 335-3-8-.32CAIR NOX Ozone Season Monitoring and Reporting4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.33CAIR NOX Ozone Season Opt-in Units4/3/200710/1/2007, 72 FR 55659
Section 335-3-8-.33General Monitoring, Recordkeeping, and Reporting Requirements11/24/20158/31/2016, 81 FR 59869Both sections of 335-3-8-.33 are included in the approved SIP.
Section 335-3-8-.34Initial Monitoring System Certification and Recertification Procedures11/24/20158/31/2016, 81 FR 59869
Section 335-3-8-.35Monitoring System Out-of-Control Periods11/24/20158/31/2016, 81 FR 59869
Section 335-3-8-.36Notifications Concerning Monitoring11/24/20158/31/2016, 81 FR 59869
Section 335-3-8-.37Recordkeeping and Reporting11/24/20158/31/2016, 81 FR 59869
Section 335-3-8-.38Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements11/24/20158/31/2016, 81 FR 59869
Section 335-3-8-.39TR NOX Ozone Season Group 2 Trading Program—Purpose and Definitions6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.40TR NOX Ozone Season Group 2 Trading Program—Applicability11/24/201510/6/2017, 82 FR 46674
Section 335-3-8-.41TR NOX Ozone Season Group 2 Trading Program—Retired Unit Exemption6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.42TR NOX Ozone Season Group 2 Trading Program—Standard Requirements6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.43TR NOX Ozone Season Group 2 Trading Program—Computation of Time6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.44Administrative Appeal Procedures11/24/201510/6/2017, 82 FR 46674
Section 335-3-8-.45NOX Ozone Season Group 2 Trading Budgets and Variability Limits6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.46TR NOX Ozone Season Group 2 Allowance Allocations6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.48Authorization of Designated Representative and Alternate Designated Representative6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.49Responsibilities of Designated Representative and Alternate Designated Representative6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.50Changing Designated Representative and Alternate Designated Representative; Changes in Owners and Operators; Changes in Units at the Source6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.51Certificate of Representation6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.52Objections Concerning Designated Representative and Alternate Designated Representative6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.53Delegation by Designated Representative and Alternate Designated Representative6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.55Establishment of Compliance Accounts, Assurance Accounts, and General Accounts6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.56Recordation of TR NOX Ozone Season Group 2 Allowance Allocations and Auction Results6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.57Submission of TR NOX Ozone Season Group 2 Allowance Transfers6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.58Recordation of TR NOX Ozone Season Group 2 Allowance Transfers6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.59Compliance with TR NOX Ozone Season Group 2 Emissions Limitation6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.60Compliance with TR NOX Ozone Season Group 2 Assurance Provisions6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.61Banking6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.62TR NOX Ozone Season Group 2 Trading Program—Account Error6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.63TR NOX Ozone Season Group 2 Trading Program—Administrator's Action on Submissions6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.65General Monitoring, Recordkeeping, and Reporting Requirements6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.66Initial Monitoring System Certification and Recertification Procedures6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.67Monitoring System Out-of-Control Periods6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.68Notifications Concerning Monitoring6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.69Recordkeeping and Reporting6/9/201710/6/2017, 82 FR 46674
Section 335-3-8-.70Petitions for Alternatives to Monitoring, Recordkeeping, or Reporting Requirements6/9/201710/6/2017, 82 FR 46674
Chapter No. 335-3-9   Control of Emissions from Motor Vehicles
Section 335-3-9-.01Visible Emission Restriction for Motor Vehicles10/15/19966/6/1997, 62 FR 30991
Section 335-3-9-.02Ignition System and Engine Speed8/10/200012/8/2000, 65 FR 76938
Section 335-3-9-.03Crankcase Ventilation Systems8/10/200012/8/2000, 65 FR 76938
Section 335-3-9-.04Exhaust Emission Control Systems6/22/19893/19/1990, 55 FR 10062
Section 335-3-9-.05Evaporative Loss Control Systems6/22/19893/19/1990, 55 FR 10062
Section 335-3-9-.06Other Prohibited Acts8/10/200012/8/2000, 65 FR 76938
Section 335-3-9-.07Effective Date10/15/19966/6/1997, 62 FR 30991
Chapter No. 335-3-12   Continuous Monitoring Requirements for Existing Sources
Section 335-3-12-.01General6/22/19893/19/1990, 55 FR 10062
Section 335-3-12-.02Emission Monitoring and Reporting Requirements2/17/19989/14/1998, 63 FR 49005
Section 335-3-12-.03Monitoring System Malfunction6/22/19893/19/1990, 55 FR 10062
Section 335-3-12-.04Alternate Monitoring and Reporting Requirements6/22/19893/19/1990, 55 FR 10062
Section 335-3-12-.05Exemptions and Extensions6/22/19893/19/1990; 55 FR 10062
Chapter No. 335-3-13   Control of Fluoride Emissions
Section 335-3-13-.01General10/15/19966/6/1997, 62 FR 30991
Section 335-3-13-.02Superphosphoric Acid Plants10/15/19966/6/1997, 62 FR 30991
Section 335-3-13-.03Diammonium Phosphate Plants10/15/19966/6/1997, 62 FR 30991
Section 335-3-13-.04Triple Superphosphoric Plants10/15/19966/6/1997, 62 FR 30991
Section 335-3-13-.05Granular Triple Superphosphoric Storage Facilities10/15/19966/6/1997, 62 FR 30991
Section 335-3-13-.06Wet Process Phosphoric Acid Plants10/15/19966/6/1997, 62 FR 30991
Chapter No. 335-3-14   Air Permits
Section 335-3-14-.01General Provisions6/9/201712/14/2018, 83 FR 64285
Section 335-3-14-.02Permit Procedures10/15/19966/6/1997, 62 FR 30991
Section 335-3-14-.03Standards for Granting Permits5/23/20119/26/2012, 77 FR 59100.
Section 335-3-14-.04Air Permits Authorizing Construction in in Clean Air Areas [Prevention of Significant Deterioration Permitting (PSD)]10/5/20187/3/2019, 84 FR 31741Except for changes to 335-3-14-.04(2)(w)1., state effective July 11, 2006, which lists a 100 ton per year significant net emissions increase for regulated NSR pollutants not otherwise specified at 335-3-14-.04(2)(w).
Except for the significant impact levels at 335-3-14-.04(10)(b) which were withdrawn from EPA consideration on October 9, 2014.
Except for the second sentence of paragraph 335-3-14-.04(2)(bbb)2., as well as the second and fourth sentences of paragraph 335-3-14-.04(2)(bbb)3., which include changes from the vacated federal ERP rule and were withdrawn from EPA consideration by the State on May 5, 2017.
Section 335-3-14-.05Air Permits Authorizing Construction in or Near Nonattainment Areas6/9/201712/14/2018, 83 FR 64285With the exception of: The portion of 335-3-14-.05(1)(k) stating “excluding ethanol production facilities that produce ethanol by natural fermentation”; and 335-3-14-.05(2)(c)3 (addressing fugitive emission increases and decreases). Also with the exception of the state-withdrawn elements: 335-3-14-.05(1)(h) (the actual-to-potential test for projects that only involve existing emissions units); the last sentence at 335-3-14-.05(3)(g), stating “Interpollutant offsets shall be determined based upon the following ratios”; and the NNSR interpollutant ratios at 335-3-14-.05(3)(g)1-4.
Chapter No. 335-3-15   Synthetic Minor Operating Permits
Section 335-3-15-.01Definitions10/15/19966/6/1997, 62 FR 30991
Section 335-3-15-.02General Provisions8/10/200012/8/2000, 65 FR 76938
Section 335-3-15-.03Applicability11/23/199310/20/1994, 59 FR 52916
Section 335-3-15-.04Synthetic Minor Operating Permit Requirements10/15/19966/6/1997, 62 FR 30991
Section 335-3-15-.05Public Participation6/9/201712/14/2018, 83 FR 64285
Chapter No. 335-3-17   Conformity of Federal Actions to State Implementation Plans
Section 335-3-17-.01Transportation Conformity5/28/201310/12/2017, 82 FR 47383
Section 335-3-17-.02General Conformity5/23/20119/26/2012, 77 FR 59100

(d) EPA approved Alabama source specific requirements.

EPA Approved Alabama Source-Specific Requirements

Name of sourcePermit No.State
effective date
EPA approval dateExplanation
Lafarge Cement KilnAB70004_1_012/6/20087/30/2009, 74 FR 37945Certain provisions of the permit.
Lehigh Cement Kiln4-07-0290-032/6/20087/30/2009, 74 FR 37945Certain provisions of the permit.

(e) EPA Approved Alabama Non-Regulatory Provisions.

EPA Approved Alabama Non-Regulatory Provisions

Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date/effective date EPA approval date Explanation
Attainment Plan for the Alabama Portion of the Chattanooga 1997 Annual PM2.5 Nonattainment AreaA portion of Jackson County, Alabama10/07/200910/5/2012, 77 FR 60904
Birmingham 1990 Baseline Emissions InventoryBirmingham Ozone Nonattainment Area11/13/19926/4/1999, 64 FR 29961
Alabama Interagency Transportation Conformity Memorandum of Agreement1/20/20005/11/2000, 65 FR 30362
Alabama Fuel Waiver Request—Appendix II of Attainment Demonstration of the 1-hour NAAQS for Ozone for the Birmingham Nonattainment AreaBirmingham Ozone Nonattainment Area12/1/200011/7/2001, 66 FR 56220
Attainment Demonstration of the 1-hour NAAQS for Ozone for the Birmingham Nonattainment AreaBirmingham Ozone Nonattainment Area12/1/200011/7/2001, 66 FR 56224
Maintenance Plan for the Birmingham areaJefferson County and Shelby County1/30/20043/12/2004, 69 FR 11800
8-Hour Ozone Maintenance plan for the Birmingham areaJefferson County and Shelby County1/26/20065/12/2006, 71 FR 27631
Conformity SIP for Birmingham and Jackson CountyJefferson County, Shelby County, Jackson County12/12/20083/26/2009, 74 FR 13118
110(a)(1) and (2) Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality StandardsAlabama12/10/20077/13/2011, 76 FR 41088For the 1997 8-hour ozone NAAQS.
Chattanooga; Fine Particulate Matter 2002 Base Year Emissions InventoryJackson County7/31/20092/8/2012, 77 FR 6467
Regional haze planStatewide7/15/20086/28/2012, 77 FR 38515.
110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air Quality StandardsAlabama7/25/200810/1/2012, 77 FR 59755With the exception of sections 110(a)(2)(D)(i) and 110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air Quality StandardsAlabama9/23/200910/1/2012, 77 FR 59755With the exception of sections 110(a)(2)(D)(i) and 110(a)(2)(E)(ii).
1997 Annual PM2.5 Maintenance Plan for the Birmingham AreaBirmingham PM2.5 Nonattainment Area5/2/20111/22/2013, 78 FR 4341
2006 24-hour PM2.5 Maintenance Plan for the Birmingham AreaBirmingham PM2.5 Nonattainment Area6/17/20101/25/2013, 78 FR 5306
110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air Quality StandardsAlabama7/25/20084/12/2013, 78 FR 21841Addressing element 110(a)(2)(D)(i)(II) prong 3 only
110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air Quality StandardsAlabama9/23/20094/12/2013, 78 FR 21841Addressing element 110(a)(2)(D)(i)(II) prong 3 only
2008 Lead Attainment Demonstration for Troy AreaTroy Area11/9/20121/28/2014, 79 FR 4407
110(a)(1) and (2) Infrastructure Requirements for 1997 Fine Particulate Matter National Ambient Air Quality StandardsAlabama7/25/20085/7/2014, 79 FR 26143Addressing prong 4 of section 110(a)(2)(D)(i) only.
110(a)(1) and (2) Infrastructure Requirements for 2006 Fine Particulate Matter National Ambient Air Quality StandardsAlabama9/23/20095/7/2014, 79 FR 26143Addressing prong 4 of section 110(a)(2)(D)(i) only.
1997 Annual PM2.5 Maintenance Plan for the Alabama portion of the Chattanooga TN-GA-AL AreaPortion of Jackson County in the Chattanooga TN-GA-AL Area4/23/201312/22/2014, 79 FR 76235
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQSAlabama11/4/20113/18/2015, 80 FR 14019Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQSAlabama8/20/20123/18/2015, 80 FR 14019Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQSAlabama4/23/20133/18/2015, 80 FR 14019Addressing the PSD permitting requirements of sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3) and 110(a)(2)(J) only.
Non-interference Demonstration for Federal Low-Reid Vapor Pressure Requirement for the Birmingham AreaJefferson and Shelby Counties11/14/20144/17/2015, 80 FR 21170
110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone National Ambient Air Quality Standards7/17/20124/2/20154/2/2015, 80 FR 17689With the exception of PSD permitting requirements for major sources of sections 110(a)(2)(C) and (J); interstate transport requirements of section 110(a)(2)(D)(i)(I) and (II), 110(a)(2)(E)(ii), and the visibility requirements of section 110(a)(2)(J).
Cross State Air Pollution Rule—State-Determined Allowance Allocations for the 2016 control periodsAlabama3/27/20149/22/2015
110(a)(1) and (2) Infrastructure Requirements for the 2008 Ozone NAAQSAlabama8/20/20128/12/2015, 80 FR 48258Addressing the visibility requirements of 110(a)(2)(J) only.
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead National Ambient Air Quality StandardsAlabama11/4/201110/9/2015, 80 FR 61111With the exception of provisions pertaining to PSD permitting requirements in sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 3), 110(a)(2)(J); and section 110(a)(2)(E)(ii).
110(a)(1) and 110(a)(2) Infrastructure Requirements for the 2010 NO2 NAAQS—UpdateAlabama12/9/20159/22/2016, 81 FR 65286Addressing Prongs 1 and 2 of Section 110(a)(2)(D)(i)(I) only.
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQSAlabama4/23/201311/21/2016, 81 FR 83142With the exception of sections: 110(a)(2)(C) and (J) concerning PSD permitting requirements; 110(a)(2)(D)(i)(I) and (II) (prongs 1 through 4) concerning interstate transport requirements and the state boards of section 110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQSAlabama4/23/20131/12/2017, 82 FR 3637With the exception of interstate transport requirements of section 110(a)(2)(D)(i)(II) (prong 4), and the state board requirements of section 110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQSAlabama12/9/20159/18/2017, 82 FR 43487With the exception of section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2 and 4) and the state board requirements of section 110(a)(2)(E)(ii).
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour NO2 NAAQSAlabama12/9/201510/12/2017, 82 FR 47393Addressing Prong 4 of Section 110(a)(2)(D)(i)(I) only.
110(a)(1) and (2) Infrastructure Requirements for the 2010 1-hour SO2 NAAQSAlabama4/23/201310/12/2017, 82 FR 47393Addressing Prong 4 of Section 110(a)(2)(D)(i)(I) only.
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQSAlabama12/9/201510/12/2017, 82 FR 47393Addressing Prong 4 of Section 110(a)(2)(D)(i)(I) only.
Regional Haze Plan RevisionAlabama10/26/201510/12/2017, 82 FR 47393
2008 Lead Maintenance Plan for the Troy AreaTroy Area1/3/20186/20/2018, 83 FR 28543
110(a)(1) and (2) Infrastructure Requirements for the 1997 Annual PM2.5 NAAQSAlabama12/8/20177/6/2018, 83 FR 31454Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Requirements for the 2006 24-hour PM2.5 NAAQSAlabama12/8/20177/6/2018, 83 FR 31454Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Requirements for the 2012 24-hour PM2.5 NAAQSAlabama12/8/20177/6/2018, 83 FR 31454Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Requirements for the 2008 Lead NAAQSAlabama12/8/20177/6/2018, 83 FR 31454Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Requirements for the 2008 8-hour Ozone NAAQSAlabama12/8/20177/6/2018, 83 FR 31454Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Requirements for the 2010 NO2 NAAQSAlabama12/8/20177/6/2018, 83 FR 31454Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Requirements for the 2010 SO2 NAAQSAlabama12/8/20177/6/2018, 83 FR 31454Addressing the state board requirements of sections 128 and 110(a)(2)(E)(ii) only.
110(a)(1) and (2) Infrastructure Requirements for the 2012 Annual PM2.5 NAAQSAlabama12/9/20159/25/2018, 83 FR 48387Addressing Prongs 1 and 2 of section 110(a)(2)(D)(i)(I) only.
June 2018 Regional Haze Progress ReportAlabama6/26/20183/5/2019, 84 FR 7823

[63 FR 70672, Dec. 22, 1998]

Editorial Note: For Federal Register citations affecting §52.50, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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§52.51   Classification of regions.

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

Air quality control regionPollutant
Particulate matterSulfur oxidesNitrogen dioxideCarbon monoxidePhotochemical oxidants (hydrocarbons)
Alabama & Tombigbee Rivers IntrastateIIIIIIIIIIIIII
Columbus (Georgia)-Phenix City (Alabama) InterstateIIIIIIIIIIIII
East Alabama IntrastateIIIIIIIIIIIII
Metropolitan Birmingham IntrastateIIIIIIII
Mobile (Alabama)-Pensacola-Panama City (Florida)-Southern Mississippi InterstateIIIIIIIII
Southeast Alabama IntrastateIIIIIIIIIIIIII
Tennessee River Valley (Alabama)-Cumberland Mountains (Tennessee) InterstateIIIIIIIIIII

[37 FR 10847, May 31, 1972]

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§52.53   Approval status.

With the exceptions set forth in this subpart, the Administrator approves Alabama's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of part D, title 1, of the Clean Air Act as amended in 1977.

[79 FR 30050, May 27, 2014, as amended at 80 FR 17691, Apr. 2, 2015; 80 FR 61112, Oct. 9, 2015; 81 FR 83144, Nov. 21, 2016; 82 FR 3639, Jan. 12, 2017; 82 FR 9515, Feb. 7, 2017; 82 FR 47396, Oct. 12, 2017; 83 FR 31458, July 6, 2018]

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§52.54   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 Alabama and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NOX Annual Trading Program in subpart AAAAA of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements with regard to sources and units in the State will be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under §52.38(a) for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's SIP.

(2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of Alabama's SIP revision described in paragraph (a)(1) of this section, the Administrator has already started recording any allocations of CSAPR 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 CSAPR 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 Alabama and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NOX Ozone Season Group 1 Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2015 and 2016.

(2) The owner and operator of each source and each unit located in the State of Alabama and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NOX Ozone Season Group 2 Trading Program in subpart EEEEE of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2017 and each subsequent year. The obligation to comply with such requirements with regard to sources and units in the State will be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan (FIP) under §52.38(b) for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's SIP.

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

[76 FR 48361, Aug. 8, 2011, as amended at 80 FR 57275, Sept. 22, 2015; 81 FR 74586 and 74593, Oct. 26, 2016; 83 FR 65924, Dec. 21, 2018]

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§52.55   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 Alabama and Indian country within the borders of the State and for which requirements are set forth under the CSAPR SO2 Group 2 Trading Program in subpart DDDDD of part 97 of this chapter must comply with such requirements. The obligation to comply with such requirements with regard to sources and units in the State will be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under §52.39 for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's SIP.

(b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Alabama's SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of CSAPR SO2 Group 2 allowances under subpart DDDDD of part 97 of this chapter to units in the State for a control period in any year, the provisions of subpart DDDDD of part 97 of this chapter authorizing the Administrator to complete the allocation and recordation of CSAPR SO2 Group 2 allowances to units in the State for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.

[76 FR 48361, Aug. 8, 2011, as amended at 80 FR 57275, Sept. 22, 2015; 81 FR 74586 and 74593, Oct. 26, 2016]

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§52.56   [Reserved]

§52.57   Control strategy: Sulfur oxides.

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

(b) [Reserved]

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

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§52.58   Control strategy: Lead.

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

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

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§52.60   Significant deterioration of air quality.

(a) All applications and other information required pursuant to §52.21 from sources located in the State of Alabama shall be submitted to the State agency, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, Alabama 36130-1463, rather than to EPA's Region 4 office.(b) On March 24, 1987, the Alabama Department of Environmental Management submitted a letter committing the State of Alabama to require that modeling for PSD permits be done only in accordance with the “Guideline on Air Quality Models (Revised)” or other models approved by EPA.

[42 FR 22869, May 5, 1977, as amended at 46 FR 55518, Nov. 10, 1981; 52 FR 48812, Dec. 28, 1987; 74 FR 55143, Oct. 27, 2009]

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§52.61   [Reserved]

§52.62   Control strategy: Sulfur oxides and particulate matter.

In a letter dated May 29, 1987, the Alabama Department of Health and Environmental Control certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. The certification does not apply to: Alabama Electric Cooperative—Lowman Steam Plant; Alabama Power Company-Gorgas Steam Plant, Gaston Steam Plant, Greene County Steam Plant, Gadsden Steam Plant, Miller Steam Plant, and Barry Steam Plant; Alabama River Pulp; Champion International Corporation; Container Corporation of America; Exxon Company's Big Escambia Creek Treating Facility; General Electric's Burkville Plant; International Paper; Scott Paper Company; Tennessee Valley Authority's Colbert, and Widows Creek Steam Plant; Union Camp Corporation; and U.S. Steel.

(a) Determination of Attaining Data. EPA has determined, as of September 20, 2010, the Birmingham, Alabama, nonattainment area has attaining data for the 2006 24-hour PM2.5 NAAQS. This clean data 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 2006 24-hour PM2.5 NAAQS.

(b) Determination of Attaining Data. EPA has determined, as of May 31, 2011, the Chattanooga, Tennessee, nonattainment area has attaining data for the 1997 annual PM2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(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.

(c) Determination of attaining data. EPA has determined, as of June 29, 2011, the Birmingham, Alabama, nonattainment area has attaining data for the 1997 annual PM2.5 NAAQS. This determination, in accordance with 40 CFR 52.1004(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.

(d) Disapproval. EPA is disapproving portions of Alabama's Infrastructure SIP for the 2006 24-hour PM2.5 NAAQS addressing interstate transport, specifically with respect to section 110(a)(2)(D)(i)(I).

(e) Disapproval. EPA is disapproving portions of Alabama's Infrastructure SIP for the 1997 annual and 2006 24-hour PM2.5 NAAQS addressing section 110(a)(2)(E)(ii) that requires the State to comply with section 128 of the CAA.

[55 FR 5846, Feb. 20, 1990, as amended at 75 FR 57187, Sept. 20, 2010; 76 FR 31241, May 31, 2011; 76 FR 38024, June 29, 2011; 76 FR 43136, July 20, 2011; 77 FR 62452, Oct. 15, 2012]

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

On March 15, 1989, the State submitted a committal SIP for the cities of Leeds and North Birmingham in Jefferson County. The committal SIP contains all the requirements identified in the July 1, 1987, promulgation of the SIP requirements for PM10 at 52 FR 24681. The SIP commits the State to submit an emissions inventory, continue to monitor for PM10, report data and to submit a full SIP if a violation of the PM10 and National Ambient Air Quality Standards is detected.

[56 FR 32514, July 17, 1991]

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§52.64   Determination of attainment.

Based upon EPA's review of the air quality data for the 3-year period 2007-2009, EPA determined that the Chattanooga, Alabama-Georgia-Tennessee PM2.5 nonattainment area 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 standard. EPA also determined that the Chattanooga, Alabama-Georgia-Tennessee PM2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d).

[76 FR 55575, Sept. 8, 2011]

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§52.65   Control Strategy: Nitrogen oxides.

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

[57 FR 24370, June 9, 1992]

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§52.66   [Reserved]

§52.69   Original identification of plan section.

(a) This section identified the original “Air Implementation Plan for the State of Alabama” and all revisions submitted by Alabama that were federally approved prior to December 1, 1998. The information in this section is available in the 40 CFR, part 52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 1 of 2 (§§52.01 to 52.1018) editions revised as of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 1 of 3 (§§52.01 to 52.1018) editions revised as of July 1, 2012.

(b)-(c) [Reserved]

[79 FR 30050, May 27, 2014]

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Subpart C—Alaska

§52.70   Identification of plan.

Link to an amendment published at 84 FR 45421, Aug. 29, 2019.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for the State of Alaska under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to September 8, 2017, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after September 8, 2017, will be incorporated by reference in the next update to the SIP compilation.

(2) The EPA Region 10 certifies that the rules and 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 State Implementation Plan as of September 8, 2017.

(3) Copies of the materials incorporated by reference may be inspected at the EPA Region 10 Office at 1200 Sixth Avenue, Seattle WA, 98101; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

(c) EPA approved regulations.

EPA-Approved Alaska Regulations and Statutes

State citationTitle/subjectState
effective date
EPA approval dateExplanations
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50—Air Quality Control (18 AAC 50)
18 AAC 50—Article 1. Ambient Air Quality Management
18 AAC 50.005Purpose and Applicability of Chapter10/1/20048/14/2007, 72 FR 45378
18 AAC 50.007Local Government Powers or Obligations Under a Local Air Quality Control Program2/28/20159/8/2017, 82 FR 42457
18 AAC 50.010Ambient Air Quality Standards8/20/20168/28/2017, 82 FR 40712Except (8).
18 AAC 50.015Air Quality Designations, Classifications, and Control Regions4/17/20155/19/2016, 81 FR 31511
18 AAC 50.020Baseline Dates and Maximum Allowable Increases8/20/20168/28/2017, 82 FR 40712
18 AAC 50.025Visibility and Other Special Protection Areas11/26/20169/8/2017, 82 FR 42457
18 AAC 50.035Documents, Procedures and Methods Adopted by Reference8/20/20168/28/2017, 82 FR 40712Except (a)(6) and (b)(4).
18 AAC 50.040Federal Standards Adopted by Reference8/20/2016; 11/9/20148/28/2017, 82 FR 40712; 1/7/2015, 80 FR 832Except (a), (b), (c), (d), (e), (g), (j) and (k).
18 AAC 50.045Prohibitions10/1/20048/14/2007, 72 FR 45378
18 AAC 50.050Incinerator Emission Standards7/25/20089/19/2014, 79 FR 56268
18 AAC 50.055Industrial Processes and Fuel-Burning Equipment8/20/20168/28/2017, 82 FR 40712Except (d)(2)(B).
18 AAC 50.065Open Burning3/2/20169/8/2017, 82 FR 42457
18 AAC 50.070Marine Vessel Visible Emission Standards6/21/19988/14/2007, 72 FR 45378
18 AAC 50.075Solid Fuel-fired Heating Device Visible Emission Standards1/12/20186/5/2019, 84 FR 26019Except (d)(2) and (f).
18 AAC 50.076Solid Fuel-Fired Heating Device Fuel Requirements; Registration of Commercial Wood Sellers11/26/20169/8/2017, 82 FR 42457Except (g)(11).
18 AAC 50.077Standards for Wood-Fired Heating Devices11/26/20169/8/2017, 82 FR 42457Except (h).
18 AAC 50.080Ice Fog Standards1/18/19978/14/2007, 72 FR 45378
18 AAC 50.100Nonroad Engines10/1/20048/14/2007, 72 FR 45378
18 AAC 50.110Air Pollution Prohibited5/26/19725/31/1972, 37 FR 10842
18 AAC 50—Article 2. Program Administration
18 AAC 50.200Information Requests10/1/20048/14/2007, 72 FR 45378
18 AAC 50.201Ambient Air Quality Investigation10/1/20048/14/2007, 72 FR 45378
18 AAC 50.205Certification10/1/20048/14/2007, 72 FR 45378
18 AAC 50.215Ambient Air Quality Analysis Methods8/20/20168/28/2017, 82 FR 40712Except (a)(4).
18 AAC 50.220Enforceable Test Methods9/14/20129/19/2014, 79 FR 56268Except (c)(1)(A), (B), (C), and (c)(2).
18 AAC 50.225Owner-Requested Limits10/6/20135/27/2015, 80 FR 30161
18 AAC 50.230Preapproved Emission Limits9/26/2015;
   1/29/2005
11/25/2016, 81 FR 85160; 8/14/2007, 72 FR 45378Except (d).
18 AAC 50.240Excess Emissions1/18/199711/18/1998, 63 FR 63983
18 AAC 50.245Air Quality Episodes and Advisories for Air Pollutants Other than PM2.52/28/20159/8/2017, 82 FR 42457
18 AAC 50.246Air Quality Episodes and Advisories for PM2.52/28/20159/8/2017, 82 FR 42457
18 AAC 50.250Procedures and Criteria for Revising Air Quality Classifications10/1/20048/14/2007, 72 FR 45378
18 AAC 50.260Guidelines for Best Available Retrofit Technology under the Regional Haze Rule9/26/2015; 10/6/201311/25/2016, 81 FR 85160; 5/27/2015, 80 FR 30161
18 AAC 50—Article 3. Major Stationary Source Permits
18 AAC 50.301Permit Continuity10/1/20048/14/2007, 72 FR 45378
18 AAC 50.302Construction Permits9/14/20129/19/2014, 79 FR 56268Except (a)(3).
18 AAC 50.306Prevention of Significant Deterioration (PSD) Permits1/4/20139/19/2014, 79 FR 56268
18 AAC 50.311Nonattainment Area Major Stationary Source Permits10/1/20048/14/2007, 72 FR 45378
18 AAC 50.345Construction, Minor and Operating Permits: Standard Permit Conditions8/20/20168/28/2017, 82 FR 40712Except (b), (c)(3), and (l).
18 AAC 50—Article 4. User Fees
18 AAC 50.400Permit Administration Fees9/26/201511/25/2016, 81 FR 85160Except (a), (b), (c), and (i).
18 AAC 50—Article 5. Minor Permits
18 AAC 50.502Minor Permits for Air Quality Protection8/20/20168/28/2017, 82 FR 40712
18 AAC 50.508Minor Permits Requested by the Owner or Operator12/9/20109/19/2014, 79 FR 56268
18 AAC 50.510Minor Permit—Title V Permit Interface12/9/20109/19/2014, 79 FR 56268
18 AAC 50.540Minor Permit: Application8/20/20168/28/2017, 82 FR 40712
18 AAC 50.542Minor Permit: Review and Issuance8/20/20168/28/2017, 82 FR 40712Except (b)(2).
18 AAC 50.544Minor Permits: Content12/9/20109/19/2014, 79 FR 56268
18 AAC 50.546Minor Permits: Revisions7/15/20089/19/2014, 79 FR 56268Except (b).
18 AAC 50.560General Minor Permits10/1/20048/14/2007, 72 FR 45378
18 AAC 50—Article 7. Transportation Conformity
18 AAC 50.700Purpose4/17/20159/8/2015; 80 FR 53735
18 AAC 50.705Applicability4/17/20159/8/2015; 80 FR 53735
18 AAC 50.712Agency Responsibilities4/17/20159/8/2015; 80 FR 53735
18 AAC 50.715Interagency Consultation Procedures3/2/20168/28/2017, 82 FR 40712
18 AAC 50.720Public Involvement3/2/20168/28/2017, 82 FR 40712
18 AAC 50.740Written Comments4/17/20159/8/2015, 80 FR 53735
18 AAC 50.745Resolving Conflicts4/17/20159/8/2015, 80 FR 53735
18 AAC 50.750Exempt Projects4/17/20159/8/2015, 80 FR 53735
18 AAC 50—Article 9. General Provisions
18 AAC 50.900Small Business Assistance Program10/1/20048/14/2007, 72 FR 45378
18 AAC 50.990Definitions3/2/20169/8/2017, 82 FR 42457
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 52—Emissions Inspection and Maintenance Requirements (18 AAC 52)
18 AAC 52—Article 1. Emissions Inspection and Maintenance Requirements
18 AAC 52.005Applicability and General Requirements5/17/20083/22/2010, 75 FR 13436
18 AAC 52.007Suspension and Reestablishment of I/M Requirements5/17/20083/22/2010, 75 FR 13436
18 AAC 52.010I/M Program Administration Office2/18/20063/22/2010, 75 FR 13436
18 AAC 52.015Motor Vehicle Maintenance Requirements2/18/20063/22/2010, 75 FR 13436
18 AAC 52.020Certificate of Inspection Requirements2/18/20063/22/2010, 75 FR 13436
18 AAC 52.025Visual Identification of Certificate of Inspection, Waivers, and Exempt Vehicles2/18/20063/22/2010, 75 FR 13436
18 AAC 52.030Department-Administered I/M Program2/1/19944/5/1995, 60 FR 17232
18 AAC 52.035I/M Program Administered by an Implementing Agency3/27/20023/22/2010, 75 FR 13436
18 AAC 52.037Reporting Requirements for an I/M Program Administered by an Implementing Agency2/18/20063/22/2010, 75 FR 13436
18 AAC 52.040Centralized Inspection Program2/1/19944/5/1995, 60 FR 17232
18 AAC 52.045Decentralized Inspection Program2/1/19944/5/1995, 60 FR 17232
18 AAC 52.050Emissions Standards3/27/20023/22/2010, 75 FR 13436
18 AAC 52.055Alternative Requirements, Standards and Test Procedures1/1/20001/8/2002, 67 FR 822
18 AAC 52.060Waivers5/17/20083/22/2010, 75 FR 13436
18 AAC 52.065Emissions-Related Repair Cost Minimum1/1/20001/8/2002, 67 FR 822
18 AAC 52.070Referee Facility3/27/20023/22/2010, 75 FR 13436
18 AAC 52.075Kit Cars and Custom-Manufactured Vehicles2/1/19944/5/1995, 60 FR 17232
18 AAC 52.080Grey Market Vehicles3/27/20023/22/2010, 75 FR 13436
18 AAC 52.085Vehicle Modifications2/18/20063/22/2010, 75 FR 13436
18 AAC 52.090Repair of Nonconforming Vehicles1/1/199812/29/1999, 64 FR 72940
18 AAC 52.095Minimum Certification Requirements1/1/199812/29/1999, 64 FR 72940
18 AAC 52.100Enforcement Procedures for Violations by Motorists12/14/20063/22/2010, 75 FR 13436
18 AAC 52.105Enforcement Procedures for Violations by Certified Mechanics or Stations1/1/20001/8/2002, 67 FR 822
18 AAC 52—Article 4. Certification Requirements
18 AAC 52.400Mechanic Certification1/1/199812/29/1999, 64 FR 72940
18 AAC 52.405Certified Mechanic Examinations3/27/20023/22/2010, 75 FR 13436
18 AAC 52.410Training Course Certification2/18/20063/22/2010, 75 FR 13436
18 AAC 52.415I/M Station Certification1/1/20001/8/2002, 67 FR 822
18 AAC 52.420Equipment Certification1/1/20001/8/2002, 67 FR 822
18 AAC 52.425Renewal of Certification1/1/199812/29/1999, 64 FR 72940
18 AAC 52.430Duty to Report Change in Status2/1/19944/5/1995, 60 FR 17232
18 AAC 52.440Monitoring of Certified Mechanics and Stations1/1/20001/8/2002, 67 FR 822
18 AAC 52.445Suspension or Revocation of Certification2/1/19944/5/1995, 60 FR 17232
18 AAC 52—Article 5. Certified Station Requirements
18 AAC 52.500General Operating Requirements1/1/20001/8/2002, 67 FR 822
18 AAC 52.505Display of Certified Station Sign2/1/19944/5/1995, 60 FR 17232
18 AAC 52.510Display of Certificates2/18/20063/22/2010, 75 FR 13436
18 AAC 52.515Inspection Charges2/18/20063/22/2010, 75 FR 13436
18 AAC 52.520Required Tools and Equipment2/18/20063/22/2010, 75 FR 13436
18 AAC 52.525Remote Station Operation1/1/20001/8/2002, 67 FR 822
18 AAC 52.527Prescreening Prohibited1/1/20001/8/2002, 67 FR 822
18 AAC 52.530Preliminary Inspection1/1/20001/8/2002, 67 FR 822
18 AAC 52.535Test Abort Conditions3/27/20023/22/2010, 75 FR 13436
18 AAC 52.540Official I/M Testing3/27/20023/22/2010, 75 FR 13436
18 AAC 52.545Parts on Order1/1/199812/29/1999, 64 FR 72940
18 AAC 52.546Unavailable Parts1/1/199812/29/1999, 64 FR 72940
18 AAC 52.550Recordkeeping Requirements2/1/19944/5/1995, 60 FR 17232
18 AAC 52—Article 9. General Provisions
18 AAC 52.990Definitions2/18/20063/22/2010, 75 FR 13436
Alaska Administrative Code Title 18 Environmental Conservation, Chapter 53—Fuel Requirements for Motor Vehicles (18 AAC 53)
18 AAC 53—Article 1. Oxygenated Gasoline Requirements
18 AAC 53.005Purpose and Applicability; General Requirements10/31/199712/29/1999, 64 FR 72940
18 AAC 53.007Dispenser Labeling10/31/199712/29/1999, 64 FR 72940
18 AAC 53.010Control Periods and Control Areas2/20/20046/23/2004, 69 FR 34935
18 AAC 53.020Required Oxygen Content10/31/199712/29/1999, 64 FR 72940
18 AAC 53.030Sampling, Testing and Oxygen Content Calculations10/31/199712/29/1999, 64 FR 72940
18 AAC 53.035Per Gallon Method of Compliance10/31/199712/29/1999, 64 FR 72940
18 AAC 53.040Averaging Oxygen Content Method of Compliance10/31/199712/29/1999, 64 FR 72940
18 AAC 53.045Oxygen Credits and Debits10/31/199712/29/1999, 64 FR 72940
18 AAC 53.060Oxygenated Gasoline Blending10/31/199712/29/1999, 64 FR 72940
18 AAC 53.070Registration and Permit10/31/199712/29/1999, 64 FR 72940
18 AAC 53.080Car Fees12/30/20001/08/2002, 67 FR 822
18 AAC 53.090Recordkeeping10/31/199712/29/1999, 64 FR 72940
18 AAC 53.100Reporting10/31/199712/29/1999, 64 FR 72940
18 AAC 53.105Product Transfer Document10/31/199712/29/1999, 64 FR 72940
18 AAC 53.120Inspection and Sampling10/31/199712/29/1999, 64 FR 72940
18 AAC 53.130Liability for Violation10/31/199712/29/1999, 64 FR 72940
18 AAC 53.140Defenses for Violation10/31/199712/29/1999, 64 FR 72940
18 AAC 53.150Temporary Variances10/31/199712/29/1999, 64 FR 72940
18 AAC 53.160Quality Assurance Program10/31/199712/29/1999, 64 FR 72940
18 AAC 53.170Attest Engagements10/31/199712/29/1999, 64 FR 72940
18 AAC 53.190Suspension and Reestablishment of Control Period2/20/20046/23/2004, 69 FR 34935
18 AAC 53—Article 9. General Provisions
18 AAC 53.990Definitions10/31/199712/29/1999, 64 FR 72940
Alaska Statutes
Title 45 Trade and Commerce, Chapter 45.45. Trade Practices
Sec. 45.45.400Prohibited Transfer of Used Cars6/25/199311/18/1998, 63 FR 63983Except (b).
Title 46 Water, Air, Energy, and Environmental Conservation, Chapter 46.14—Air Quality Control
Sec. 46.14.550Responsibilities of Owner and Operator; Agent for Service1/4/20139/19/2014, 79 FR 56268
Sec. 46.14.560Unavoidable Malfunctions and Emergencies6/25/199311/18/1998, 63 FR 63983
Sec. 46.14.990Definitions1/4/20139/19/2014, 79 FR 56268Except (1) through (3), (6), (7), (9) through (14), (19) through (26), and (28).
City and Borough Codes and Ordinances
Anchorage Municipal Code 21.85.030Improvement Requirements by Improvement Area1/16/1987 (city effective date)8/13/1993, 58 FR 43084Eagle River PM Plan—Contingency Plan.
Anchorage Municipal Code 21.45.080.W.7Paving9/24/1991 (city effective date)8/13/1993, 58 FR 43084Section W.7. Eagle River PM Plan—Contingency Plan.
Fairbanks North Star Borough Ordinance No. 2001-17Mandating a Fairbanks North Star Borough Motor Vehicle Plug-in Program4/12/2001 (borough adoption date)2/4/2002, 67 FR 5064Fairbanks Transportation Control Program—Carbon Monoxide.
Fairbanks North Star Borough Ordinance No. 2003-71An Ordinance amending the Carbon Monoxide Emergency Episode Prevention Plan including implementing a Woodstove Control Ordinance10/30/2003 (borough adoption date)7/27/2004, 69 FR 44601Fairbanks Carbon Monoxide Maintenance Plan.
Ordinance of the City and Borough of Juneau, No. 91-52An Ordinance amending the Wood smoke control code to lower the particulate count threshold, and to prohibit the burning in woodstoves of substances other than paper, cardboard and untreated wood1/6/1992 (city adoption date)3/24/1994, 59 FR 13884Mendenhall Valley PM Plan.
Ordinance of the City and Borough of Juneau, No. 91-53An Ordinance amending the wood smoke control fine schedule to increase the fines for violations of the wood smoke control code1/6/1992 (city adoption date)3/24/1994, 59 FR 13884Mendenhall Valley PM Plan.
Ordinance of the City and Borough of Juneau No. 93-01Setting boundaries for regrading and surfacing2/8/1993 (city adoption date)3/24/1994, 59 FR 13884Mendenhall Valley PM Plan.
Ordinance of the City and Borough of Juneau, No. 93-06Setting boundaries for regrading and surfacing4/5/1993 (city adoption date)3/24/1994, 59 FR 13884Mendenhall Valley PM Plan.
Ordinance of the City and Borough of Juneau, No. 93-39amAn Ordinance creating Local Improvement District No. 77 of the City and Borough, setting boundaries for drainage and paving of streets in the Mendenhall Valley11/17/1993 (city adoption date)3/24/1994, 59 FR 13884Mendenhall Valley PM Plan.
Anchorage Ordinance 2006-13An ordinance amending the Anchorage Municipal Code, Chapters 15.80 and 15.85 to comply with State I/M regulations and to comply with DMV Electronic Procedures2/14/2006 (city approval date)3/22/2010, 75 FR 13436Anchorage Transportation Control Program—Carbon Monoxide.
Ordinance of the City and Borough of Juneau, Serial No. 2008-28An Ordinance Amending the Woodsmoke Control Program Regarding Solid Fuel-Fired Burning Devices9/8/2008 (city adoption date)5/9/2013, 78 FR 27071Mendenhall Valley PM Limited Maintenance Plan.
Fairbanks North Star Borough Code
Chapter 21.28—PM 2.5 Air Quality Control Program
21.28.010Definitions3/2/2015 (borough effective date)9/8/2017, 82 FR 42457
21.28.020Borough listed appliances1/15/2016 (borough effective date)9/8/2017, 82 FR 42457
21.28.030Prohibited acts10/1/2016 (borough effective date)9/8/2017, 82 FR 42457except H and J.
21.28.050Forecasting exceedances and restrictions in the air quality control zone during an alert6/26/2015 (borough effective date)9/8/2017, 82 FR 42457
21.28.060No other adequate source of heat determination8/12/2016 (borough effective date)9/8/2017, 82 FR 42457

(d) EPA approved state source-specific requirements.

EPA-Approved Alaska Source-Specific Requirements

Name of sourceOrder/permit numberState effective dateEPA approval dateExplanations
None

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

EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures

Name of SIP provisionApplicable geographic or nonattainment areaState
submittal date
EPA approval dateExplanations
State of Alaska Air Quality Control Plan: Volume II. Analysis of Problems, Control Actions
Section I. Background
II.I.A. IntroductionStatewide1/8/199712/29/1999, 64 FR 72940
II.I.B. Air Quality Control RegionsStatewide1/8/199712/29/1999, 64 FR 72940
II.I.C. Attainment/nonattainment DesignationsStatewide1/8/199712/29/1999, 64 FR 72940
II.I.D. Prevention of Significant Deterioration DesignationsStatewide1/8/199712/29/1999, 64 FR 72940
II.I.E. New Source ReviewStatewide1/8/199712/29/1999, 64 FR 72940
Section II. State Air Quality Control Program
II.II. State Air Quality Control ProgramStatewide7/9/201210/22/2012, 77 FR 64425
Section III. Areawide Pollutant Control Program
II.III.A. Statewide Carbon Monoxide Control ProgramStatewide6/5/20083/22/2010, 75 FR 13436
II.III.B. Anchorage Transportation Control ProgramAnchorage1/4/20029/18/2002, 67 FR 58711
II.III.B.11. Anchorage Carbon Monoxide Maintenance PlanAnchorage9/20/20113/3/2014, 79 FR 11707
II.III.B.12. Anchorage Second 10-year Carbon Monoxide Limited Maintenance PlanAnchorage4/22/20133/3/2014, 79 FR 11707
II.III.C. Fairbanks Transportation Control ProgramFairbanks8/30/20012/4/2002, 67 FR 5064
II.III.C.11. Fairbanks Carbon Monoxide Redesignation and Maintenance PlanFairbanks9/15/20093/22/2010, 75 FR 13436
II.III.C.12. Fairbanks Second 10-year Carbon Monoxide Limited Maintenance PlanFairbanks4/22/20138/9/2013, 78 FR 48611
II.III.D. Particulate MatterStatewide10/15/19918/13/1993, 58 FR 43084
II.III.D.2. Eagle River PM10 Control PlanEagle River10/15/19918/13/1993, 58 FR 43084
II.III.D.2.a. Eagle River PM10 Limited Maintenance PlanEagle River9/29/20101/7/2013, 78 FR 900
II.III.D.3. Mendenhall Valley PM10 Control PlanMendenhall Valley6/22/19933/24/1994, 59 FR 13884
II.III.D.3.a. Mendenhall Valley PM10 Limited Maintenance PlanMendenhall Valley5/14/20095/9/2013, 78 FR 27071
II.III.D.4. Interstate Transport of Particulate MatterStatewide2/7/200810/15/2008, 73 FR 60957
II.III.D.5. Fairbanks North Star Borough PM2.5 Control PlanFairbanks North Star Borough11/23/20169/8/2017, 82 FR 42457Fairbanks North Star Borough PM2.5 Moderate Area Plan.
II.III.E. Ice FogStatewide1/18/19807/5/1983, 48 FR 30623
II.III.F. Open BurningStatewide4/4/20112/14/2013, 78 FR 10546
II.III.F.1. In Situ Burning Guidelines for AlaskaStatewide4/4/20112/14/2013, 78 FR 10546Revision 1, August 2008.
II.III.G. Wood Smoke Pollution ControlStatewide11/15/19834/24/1984, 49 FR 17497
II.III.H. Lead Pollution ControlStatewide11/15/19831/3/1984, 49 FR 67
II.III.I. Transportation ConformityStatewide4/17/20159/8/2015, 80 FR 53735
II.III.I.1. Transportation Conformity SupplementStatewide7/29/20159/8/2015, 80 FR 53735Clarification re: access to public records: AS 40.25.110, AS 40.25.115, and 2 AAC 96.
II.III.J. General ConformityStatewide12/05/19949/27/1995, 60 FR 49765
II.III.K. Area Wide Pollutant Control Program for Regional HazeStatewide3/10/20164/12/2018, 83 FR 15746
Section IV. Point Source Control Program
II.IV.A. SummaryStatewide11/15/19834/24/1984, 49 FR 17497
II.IV.B. State Air Quality RegulationsStatewide11/15/19834/24/1984, 49 FR 17497
II.IV.C. Local ProgramsStatewide11/15/19834/24/1984, 49 FR 17497
II.IV.D. Description of Source Categories and PollutantsStatewide11/15/19834/24/1984, 49 FR 17497
II.IV.E. Point Source ControlStatewide11/15/19834/24/1984, 49 FR 17497
II.IV.F. Facility Review ProceduresStatewide9/12/19887/31/1989, 54 FR 31522
II.IV.G. Application Review and Permit DevelopmentStatewide11/15/19834/24/1984, 49 FR 17497
II.IV.H. Permit Issuance RequirementsStatewide11/15/19834/24/1984, 49 FR 17497
Section V. Ambient Air Monitoring
II.V.A. PurposeStatewide1/18/19804/15/1981, 46 FR 21994
II.V.B. Completed Air Monitoring ProjectsStatewide1/18/19804/15/1981, 46 FR 21994
II.V.C. Air Monitoring NetworkStatewide1/18/1980;
   7/11/1994
4/15/1981, 46 FR 21994; 4/5/1995, 60 FR 17237
II.V.E. Annual ReviewStatewide1/18/19804/15/1981, 46 FR 21994
State of Alaska Air Quality Control Plan: Volume III. Appendices
Section II. State Air Quality Control Program
III.II.A. State Air StatutesStatewide12/11/20063/22/2010, 75 FR 13436Except 46.03.170.
III.II.A.1. State Attorney General Opinions on Legal AuthorityStatewide12/11/20063/22/2010, 75 FR 13436
III.II.B. Municipality of Anchorage and ADEC AgreementsAnchorage4/22/20133/3/2014, 79 FR 11707
III.II.C. Fairbanks North Star Borough and ADEC AgreementsFairbanks12/11/20063/22/2010, 75 FR 13436
III.II.D. CAA Section 110 Infrastructure Certification Documentation and Supporting DocumentsStatewide3/10/201611/27/2018, 83 FR 60769
III.II.D.1. Attachment 1—Public Official Financial Disclosure (2 AAC 50.010 through 2 AAC 50.200)Statewide7/9/201210/22/2012, 77 FR 64425Approves for purposes of CAA section 128.
III.II.D.2. Attachment 2—Executive Branch Code of Ethics (9 AAC 52.010 through 9 AAC 52.990)Statewide7/9/201210/22/2012, 77 FR 64425Approves for purposes of CAA section 128.
Section III. Areawide Pollutant Control Program
III.III.A. I/M Program ManualStatewide6/5/20083/22/2010, 75 FR 13436
III.III.B. Municipality of AnchorageAnchorage4/22/20133/3/2014, 79 FR 11707
III.III.C. FairbanksFairbanks4/22/20138/9/2013, 78 FR 48611
III.III.D. Particulate MatterStatewide10/15/19918/13/1993, 58 FR 43084
III.III.D.2. Eagle River PM10 Control PlanEagle River9/29/20101/7/2013, 78 FR 900
III.III.D.3. Control Plan for the Mendenhall Valley of JuneauMendenhall Valley5/14/20095/9/2013, 78 FR 27071
III.III.D.5. Fairbanks North Star Borough PM2.5 Control PlanFairbanks North Star Borough11/23/20169/8/2017, 82 FR 42457Only with respect to the Fairbanks North Star Borough PM2.5 Moderate Area Plan.
III.III.G. Ordinance of the City and Borough of JuneauJuneau11/15/19834/24/1984, 49 FR 17497
III.III.H. Support Documents for Lead PlanStatewide11/15/19831/3/1984, 49 FR 67
II.III.K. Area Wide Pollutant Control Program for Regional HazeStatewide3/10/20164/12/2018, 83 FR 15746
Section IV. Point Source Control Program
III.IV. Point Source Control ProgramStatewide11/15/19834/24/1984, 49 FR 17497
III.IV.1. PSD Area Classification and ReclassificationStatewide11/15/19834/24/1984, 49 FR 17497
III.IV.2. Compliance AssuranceStatewide11/15/19834/24/1984, 49 FR 17497
III.IV.3. Testing ProceduresStatewide11/15/19834/24/1984, 49 FR 17497
Section V. Ambient Air Monitoring
III.V. Ambient Air MonitoringStatewide11/15/19834/24/1984, 49 FR 17497
Section VI. Small Business Assistance Program
III.VI. Small Business Assistance ProgramStatewide4/18/19949/5/1995, 60 FR 46024
Infrastructure and Interstate Transport
Interstate Transport Requirements—1997 Ozone and 1997 PM2.5 NAAQSStatewide2/7/200810/15/2008, 73 FR 60957Approves SIP for purposes of CAA section 110(a)(2)(D)(i) for the 1997 Ozone and 1997 PM2.5 NAAQS.
Infrastructure Requirements—1997 Ozone NAAQSStatewide7/9/201210/22/2012, 77 FR 64425Approves SIP for purposes of CAA sections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 1997 Ozone NAAQS.
Interstate Transport Requirements—2008 Ozone and 2006 PM2.5 NAAQSStatewide3/29/20118/4/2014, 79 FR 45103Approves SIP for purposes of CAA section 110(a)(2)(D)(i)(I) for the 2008 Ozone and 2006 PM2.5 NAAQS.
Interstate Transport Requirements—2008 Lead NAAQSStatewide7/9/20128/4/2014, 79 FR 45103Approves SIP for purposes of CAA section 110(a)(2)(D)(i)(I) for the 2008 Lead NAAQS.
Infrastructure Requirements—1997 PM2.5 NAAQSStatewide7/9/201211/10/2014, 79 FR 66651Approves SIP for purposes of CAA section 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (H), (J), (K), (L), and (M) for the 1997 PM2.5 NAAQS.
Infrastructure Requirements—2006 PM2.5 NAAQSStatewide7/9/2012,
3/29/2011
11/10/2014, 79 FR 66651Approves SIP for purposes of CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (H), (J), (K), (L), and (M) for the 2006 PM2.5 NAAQS.
Infrastructure Requirements—2008 Ozone NAAQSStatewide7/9/2012,
3/29/2011
11/10/2014, 79 FR 66651Approves SIP for purposes of CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 2008 Ozone NAAQS.
Infrastructure Requirements—2010 NO2 NAAQSStatewide5/12/20155/12/2017, 82 FR 22081Approves SIP for purposes of CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 2010 NO2 NAAQS.
Infrastructure Requirements—2010 SO2 NAAQSStatewide5/12/20155/12/2017, 82 FR 22081Approves SIP for purposes of CAA section 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M) for the 2010 SO2 NAAQS.
Infrastructure Requirements—2012 PM2.5 NAAQSStatewide3/10/201611/27/2018, 83 FR 60769Approves SIP for purposes of CAA sections 110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), (E), (F), (H), (J), (K), (L), and (M) for the 2012 PM2.5 NAAQS.
Infrastructure Requirements—1997, 2006, and 2012 PM2.5 NAAQSStatewide3/10/201611/27/2018, 83 FR 60769Approves SIP for purposes of CAA sections 110(a)(2)(G) for the 1997, 2006, and 2012 PM2.5 NAAQS.
Interstate Transport Requirements—2012 PM2.5 NAAQSStatewide3/10/20166/27/2018, 83 FR 30048Approves SIP for purposes of CAA section 110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS.
Interstate Transport Requirements—2010 NO2 and 2010 SO2 NAAQSStatewide3/10/20166/25/2018, 83 FR 29449Approves SIP for purposes of CAA section 110(a)(2)(D)(i)(I) for the 2010 NO2 and 2010 SO2 NAAQS.
Regulations Approved but not Incorporated by Reference
18 AAC 50.076(g)(11) Solid Fuel-fired Heating Device Fuel Requirements; Registration of Commercial Wood SellersStatewide11/26/20169/8/2017, 82 FR 42457
21.28.030.J Prohibited Acts. PenaltiesFairbanks North Star Borough10/1/2016 (borough effective date)9/8/2017, 82 FR 42457FNSB Code Chapter 21.28 PM2.5 Air Quality Control Program.
21.28.040 Enhanced voluntary removal, replacement and repair programFairbanks North Star Borough1/15/2016 (borough effective date)9/8/2017, 82 FR 42457FNSB Code Chapter 21.28 PM2.5 Air Quality Control Program.
21.28.070 Voluntary burn cessation programFairbanks North Star Borough4/24/2015 (borough effective date)9/8/2017, 82 FR 42457FNSB Code Chapter 21.28 PM2.5 Air Quality Control Program.
Recently—Approved Plans
II.III.D.5.11 Fairbanks Emergency Episode PlanFairbanks North Star Borough11/28/20186/5/2019, 84 FR 26019Revision to II.III.D.5.
III.III.D.5.12 Appendix to Volume II. Section III.D.5Fairbanks North Star Borough11/28/20186/5/2019, 84 FR 26019Revision to pages 68 through 84 of III.III.D.5.

[79 FR 19822, Apr. 10, 2014, as amended at 79 FR 56272, Sept. 19, 2014; 79 FR 45104, Aug. 4, 2014; 79 FR 66653, Nov. 10, 2014; 80 FR 833, Jan. 7, 2015; 80 FR 30162, May 27, 2015; 80 FR 53738, Sept. 8, 2015; 81 FR 31512, May 19, 2016; 81 FR 85162, Nov. 25, 2016; 82 FR 22083, May 12, 2017; 82 FR 37308, Aug. 10, 2017; 82 FR 40713, Aug. 28, 2017; 82 FR 42471, Sept. 8, 2017; 82 FR 57838, Dec. 8, 2017; 83 FR 15747, Apr. 12, 2018; 83 FR 29450, June 25, 2018; 83 FR 30049, June 27, 2018; 83 FR 60773, Nov. 27, 2018; 84 FR 26021, June 5, 2019]

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§52.71   Classification of regions.

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

Air quality control Region Pollutant
Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone
Cook Inlet IntrastateIIIIIIIIIII.
Northern Alaska IntrastateIIIIIIIIIII.
South Central Alaska IntrastateIIIIIIIIIIIIIII.
Southeastern Alaska IntrastateIIIIIIIIIIIIIII.

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

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§52.72   Approval status.

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

[37 FR 15080, July 27, 1972]

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§52.73   Approval of plans.

(a) Carbon monoxide.

(1) Anchorage.

(i) EPA approves as a revision to the Alaska State Implementation Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Section III.B of the State Air Quality Control Plan, adopted January 2, 2004, effective February 20, 2004 and Volume III of the Appendices adopted January 2, 2004, effective February 20, 2004) submitted by the Alaska Department of Environmental Conservation on February 18, 2004.

(ii) EPA approves as a revision to the Alaska State Implementation Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Sections II, III.A and III.B of the State Air Quality Control Plan adopted August 20, 2010, effective October 29, 2010, and Volume III of the Appendices adopted August 20, 2010, effective October 29, 2010) submitted by the Alaska Department of Environmental Conservation on September 29, 2010.

(iii) The EPA approves the following revised sections of the Anchorage Transportation Control Program, Anchorage CO Maintenance Plan (Volume II, Section III.B) of the Alaska SIP Submittal adopted July 13, 2011, and submitted on September 20, 2011: Planning Process (Section III.B.1), Maintenance Area Boundary (Section III.B.2), Nature of the CO Problem—Causes and Trends (Section III.B.3), Transportation Control Strategies (Section III.B.5), Modeling and Projections (Section III.B.6), Contingency Plan (Section III.B.7), Anchorage Emergency Episode Plan (Section III.B.8), Assurance of Adequacy (Section III.B.9) and Redesignation Request (Section III.B.11). The EPA also approves the following revised sections of the Appendices (Volume III): Anchorage Assembly Resolution No. 2011-133 (Appendix III.B.1), Anchorage 2007 Carbon Monoxide Emission Inventory and 2007-2023 Emission Projections (Appendix III.B.3), Analysis of Probability of Complying with the National Ambient Air Quality Standard for Carbon Monoxide in Anchorage between 2007 and 2023 (Appendix III.B.6) and Affidavit of Oral Hearing (Appendix III.B.10).

(iv) The EPA approves the following revised sections of the Anchorage Transportation Control Program, Anchorage CO Limited Maintenance Plan (Volume II, Section III.B), of the Alaska SIP Submittal adopted February 22, 2013, and submitted on April 22, 2013: Carbon Monoxide Monitoring Program (Section III.B.4) Air Quality Conformity Procedures (Section III.B.10), Limited Maintenance Plan for 2014-2024 (Section III.B.12). In this action, the EPA also approves the following revised sections of the Appendices (Volume III): Anchorage Assembly Resolution No. 2013-20 (Appendix III.B.1) and Affidavit of Oral Hearing (Appendix III.B.10).

(2) Fairbanks.

(i) EPA approves as a revision to the Alaska State Implementation Plan, the Fairbanks Carbon Monoxide Maintenance Plan (Volume II.C of the State Air Quality Control Plan, adopted April 27, 2004 and Volume III.C of the Appendices adopted April 27, 2004, effective June 24, 2004) submitted by the Alaska Department of Environmental Conservation on June 21, 2004.

(ii) The EPA approves as a revision to the Alaska State Implementation Plan, the Fairbanks Carbon Monoxide Limited Maintenance Plan (Volume II, Section III.C.12 of the State Air Quality Control Plan, adopted February 22, 2013) submitted by the Alaska Department of Environmental Conservation on April 22, 2013. In this action, the EPA is also approving the following revised sections of the Fairbanks Transportation Control Program (Volume II, Section III.C): Air Quality Emissions Data (Section III.C.3), Carbon Monoxide Network Monitoring Program (Section III.C.4), Modeling and Projections (Section III.C.6), and Air Quality Conformity Procedures (Section III.C.10); and the following revised sections of the Appendices to Volume II of the Fairbanks Transportation Control Program (Volume III): Section III.C.1 and Section III.C.10, all of which were included in the April 22, 2013 SIP submittal.

(b) Lead. [Reserved]

(c) Nitrogen dioxide. [Reserved]

(d) Ozone. [Reserved]

(e) Particulate matter. (1) Mendenhall Valley. (i) The EPA approves as a revision to the Alaska State Implementation Plan, the Mendenhall Valley PM10 Limited Maintenance Plan (Volume II, Section III.D.3 of the State Air Quality Control Plan, and Volume III.D.3.5, Volume III.D.3.8, and Volume III.D.3.9 of the Appendices (to Volume II, section III.D.3)) adopted February 20, 2009, and submitted by the Alaska Department of Environmental Conservation to the EPA on May 14, 2009.

(ii) [Reserved]

(f) Sulfur dioxide. [Reserved]

(g) Visibility protection. (1) EPA approves the Regional Haze SIP revision submitted by the Alaska Department of Environmental Conservation on April 4, 2011, as meeting the requirements of Clean Air Act sections 169A and 169B, and Federal Regulations 40 CFR 51.308 to implement a regional haze program in the State of Alaska for the first planning period through July 31, 2018.

(2) [Reserved]

[67 FR 58712, Sept. 18, 2002, as amended at 69 FR 24936, June 23, 2004; 69 FR 44605, July 27, 2004; 77 FR 1417, Jan. 10, 2012; 78 FR 907, Jan. 7, 2013; 78 FR 10554, Feb. 14, 2013; 78 FR 27077, May 9, 2013; 78 FR 48615, Aug. 9, 2013; 79 FR 1171, Mar. 3, 2014]

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§52.74   Original identification of plan section.

(a) This section identified the original “Air Quality Implementation Plan for the State of Alaska” and all revisions submitted by Alaska that were Federally-approved prior to March 4, 2014.

(b) The plan was officially submitted on April 25, 1972.

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

(1) Modifications to the implementation plan including a revision to Title 18, Chapter 50, section 160 and other nonregulatory provisions submitted on June 22, 1972, by the Governor.

(2) Compliance schedules submitted on August 2, 1973, by the State of Alaska Department of Environmental Conservation.

(3) Compliance schedules submitted on August 23, 1973, by the State of Alaska Department of Environmental Conservation.

(4) Compliance schedules submitted on September 30, 1975, by the State of Alaska Department of Environmental Conservation.

(5) Compliance schedules submitted on January 6, 1976, by the State of Alaska Department of Environmental Conservation.

(6) Compliance schedules submitted on September 30, 1975, by the State of Alaska Department of Environmental Conservation.

(7) Part D attainment plans for the Anchorage and Fairbanks carbon monoxide nonattainment areas submitted by the Governor of Alaska on January 18, 1980 as follows:

Volume II. Analysis of Problems, Control Actions

Section III. Areawide Pollutant Control Efforts, Subsection A.

Carbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks Emergency Avoidance Plan)

Volume III. Appendices

III-1 A Review of Carbon Monoxide Emissions from Motor Vehicles during Cold Temperature Operation

III-2 Cold Weather Related Strategy Support Development

III-3 Preliminary Assessment of Meteorological Conditions during Days of Ambient Air Quality Violations in Anchorage

III-4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions Inspection Program

III-5 Approach of Evaluating an Alaska I/M Program

III-6 Appendices to the Anchorage Air Quality Plan

III-7 Appendices to the Fairbanks Air Quality Plan

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

Volume II. Analysis of Problems, Control Actions

Section V. Ambient Air Monitoring

A. Purpose

C. Air Monitoring Network

E. Annual Review

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

Volume II. Analysis of Problems, Control Actions

Section I. Introduction

A. Summary

B. Air Quality Control Regions

C. Attainment/Nonattainment Designations

Section II. Alaskan Air Quality Control Programs

A. State Program

B. Local Programs

C. Resource Needs

Section III. Areawide Pollutant Control Efforts

A. Carbon Monoxide, Subpart 1.c (Other areas)

B. Total Suspended Particulate Matter

C. Ice Fog

D. Open Burning—Forest Practices

Section IV. Point Source Control Efforts

A. Summary

B. Description of Source Categories and Pollutants

C. Summary of Major Emitting Sources

D. History of Alaskan Point Source Program

F. Local Program Enforcement

G. New Source Review and Approval

H. Compliance Assurance

I. State Air Quality Control Regulations

Section V. Ambient Air Monitoring

B. Description of Previous Air Monitoring Network

Volume III. Appendices

I-1 Summary of Public Hearings, Written Testimony, etc.

I-2 Recommendations for attainment/Nonattainment designations

II-1 Alaska Statutes, except section 46.03.170

II-2 Regulations of the Fairbanks North Star Borough, except section 8.04.070

II-3 Fairbanks North Star Borough/Alaska Department of Environmental Conservation Agreement

II-4 Municipality of Anchorage/Alaska Department of Environmental Conservation Agreement

II-5 Alaska State Department of Law Legal Opinion

IV-1 Summaries of Emission Inventories

IV-2 D. Permit to Operate for the Fairbanks Municipal Utilities System

IV-3 Testing Procedures

V-1 Air Quality Data

An amended Appendix II-5, “Alaska State Department of Law Legal Opinion” submitted by the State of Alaska Department of Environmental Conservation on February 29, 1980. Amendments to the January 18, 1980 submittal, submitted by the State of Alaska Department of Environmental Conservation on September 29, 1982 as follows:

Volume II. Analysis of Problems, Control Actions

Section I. Introduction

C. Attainment/Nonattainment Designations

Section III. Areawide Pollutant Control Efforts

D. Open Burning—Forest Practices

Section IV. Point Source Control Efforts

C. Summary of Major Emitting Sources

D. History of Alaskan Point Source Program

F. Local Program Enforcement

G. New Source Review and Approval

H. Compliance Assurance

I. State Air Quality Control Regulations

Section V. Ambient Air Monitoring

C. Air Monitoring Network

E. Annual Review

Volume III. Appendices

IV-4 ADEC Ambient Analysis Procedures

(10) On November 15, 1983 the State of Alaska Department of Environmental Conservation submitted a revision to add a lead strategy to the Alaska Implementation Plan.

(11) Provisions of a State Air Quality Control Plan submitted by the Alaska Department of Environmental Conservation on November 15, 1983, as follows:

Volume II. Analysis of Problems, Control Actions

Section I. Background

A. Introduction

B. Air Quality Control Regions

C. Attainment/Nonattainment Designations

D. Prevention of Significant Deterioration Designations

Section II. State Air Quality Control Program

Section III. Areawide Pollutant Control Program

D. Total Suspended Particulate Matter

E. Ice Fog

F. Open Burning

G. Wood Smoke Pollution Control

Section IV. Point Source Control Program

A. Summary

1. Annual Review Report

B. State Air Quality Regulations

C. Local Programs

D. Description of Source Categories and Pollutants

1. Typical Point Sources

2. Summary of Major Emitting Facilities

E. Point Source Control

1. Introduction

F. Facility Review Procedures

1. Who needs a permit?

2. Standard Application Procedures

3. PSD Application Procedures, Preliminary report and meeting, Pre-construction monitoring, PSD application format

4. Nonattainment Application Procedures

G. Application Review and Permit Development

1. Application Review

2. Permit Development Requirement, Monitoring and Testing Requirements, Ambient Monitoring, Continuous Emissions Monitoring, Source Testing

3. Prevention of Significant Deterioration Review, Basis of Program, PSD Regulations, PSD Analysis Procedure

4. Nonattainment Area Review

5. New Source Performance Standards Source Review

6. Visibility Review

7. Sources under EPA Review

H. Permit Issuance Requirements

Section V. Ambient Air Monitoring

A. Purpose

B. Completed Air Monitoring Projects

1. Carbon Monoxide

2. Nitrogen Oxides

3. Sulfur Dioxide

4. Ozone

5. Total Suspended Particulates (TSP)

6. Lead

C. Air Monitoring Network

1. Network Description

2. Station Designations

3. Air Quality Monitoring Procedures

4. Ambient Sampling for Specific Pollutants

E. Annual Review

Volume III. Appendices

Section II. State Air Quality Control Program

II.A. State Air Statutes, except section 46.03.170, State Attorney General Opinions on Legal Authority

II.B. Municipality of Anchorage/Cook Inlet/ADEC Agreements

II.C. Fairbanks North Star Borough Ordinances/FNSB & ADEC Agreements

Section III. Areawide Pollutant Control Program

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

Section IV. Point Source Control Program

IV.1. PSD Area Classification and Reclassifications

A. Class I Area Boundaries

B. Areas Protected from Visibility Degradation

C. Reclassification

1. Limitations on PSD Reclassification

2. PSD Reclassification Procedures

IV.2. Compliance Assurance

IV.3. Testing Procedures

Section V. Ambient Air Monitoring

ADEC Ambient Analysis Procedures

Title 18. Environmental Conservation, Chapter 50. Air Quality Control, Sections 021(d), 030(g), 040(a)(2), 040(c), 050(a)(2), 050(b)(4), 085, 300(a)(1), 300(a)(7), 400(d)(6), 500(d), 500(e), 510 (Editor's Note), 520(a), 520(b), 610(a), 620, 900(15), 900(39), 900(47), and 900(48).

(12) On September 29, 1982, the Commissioner of the Alaska Department of Environmental Conservation submitted a carbon monoxide attainment plan for the cities of Anchorage (section III.B) and Fairbanks (section III.C) as a revision to the Alaska State Implementation Plan. On November 15, 1983, a revision to this plan was submitted for the city of Anchorage. Supplement to the Anchorage and Fairbanks plans revisions to section III.A (Areawide Pollutant Control Program, Statewide Transportation Control Program) and a new State Regulation 18 AAC Chapter 52 (Emissions Inspection and Maintenance Requirements for Motor Vehicles) were submitted on May 31, 1985.

(i) Incorporation by reference. (A) May 31, 1985 letter from the State of Alaska to EPA, and State Regulation 18 AAC 52 (Emissions Inspection and Maintenance Requirements for Motor Vehicles) as filed by the Commissioner for the State of Alaska on May 19, 1985.

(B) Page section III.B.8-3 of the Anchorage Transportation Control Program, Alaska Air Quality Control Plan, revised June 1, 1985 (emissions and air quality projections for Anchorage with vehicle inspection and maintenance program).

(C) Table C.6.a of the Fairbanks Transportation Control Program, Alaska Air Quality Control Plan [reasonable further progress required reductions for Fairbanks] (page section III.C.6-2) revised November 20, 1982.

(ii) Other material. (A) Section III.A Statewide Transportation Control Program.

(B) Section III.B Anchorage Transportation Control Program.

(C) Section III.C Fairbanks Transportation Control Program.

(D) The I/M Program Design for the Fairbanks North Star Borough dated October 25, 1984.

(E) The I/M Program Design for the Municipality of Anchorage dated 1984.

(13) On June 26, 1987, the State of Alaska Department of Environmental Conservation submitted Section III.B.10-1 through III.B.10-6 (Anchorage Air Pollution Episode Curtailment Actions); Section III.C.10-1 through III.C.10-9 (Fairbanks Emergency Episode Prevention Plan); and minor modifications to Section III.C.5-7 (Fairbanks Inspection and Maintenance Program Design).

(i) Incorporation by reference. (A) June 26, 1987 letter from the State of Alaska Department of Environmental Conservation to EPA Region 10.

(B) Section III.B.10-1 through III.B.10-6 of Volume II (Anchorage Air Pollution Episode Curtailment Actions) as adopted as an ordinance by the Anchorage Assembly on September 9, 1986.

(C) Section III.C.10-1 through III.C.10-9 of Volume II (Fairbanks Emergency Episode Prevention Plan) as adopted as an ordinance by the Assembly of the Fairbanks North Star Borough on December 19, 1985.

(D) Page number Section III.C.5-7 of Volume II (Fairbanks Inspection and Maintenance Design). This new page supercedes the current page number Section III.C.5-7 of the Alaska Air Quality Control Plan as adopted by the Alaska Department of Environmental Conservation on June 26, 1987.

(14) On June 26, 1987, the Commissioner of the Alaska Department of Environmental Conservation submitted revised rules regulating the height of stacks and the use of dispersion techniques, specifically revisions to 18 AAC 50.400(a), 18 AAC 50.530(c), 18 AAC 50.900(16), 18 AAC 50.900(20), 18 AAC 50.900(23), and 18 AAC 50.900.(29), and the deletion of 18 AAC 50.900(17).

(i) Incorporation by reference. (A) June 26, 1987 letter from the State of Alaska Department of Environmental Conservation to EPA, Region 10.

(B) August 11, 1987 letter from the State of Alaska Department of Environmental Conservation to EPA, Region 10.

(C) 18 AAC 50.400(a) and 18 AAC 50.900 (16), (20), (23), and (29) as adopted by the State of Alaska Department of Environmental Conservation on December 31, 1986.

(15) On September 12, 1988, the State of Alaska Department of Environmental Conservation submitted revisions to AAC 18 Chapter 52 (Emission Inspection and Maintenance Requirements for Motor Vehicles). Those sections amended through June 2, 1988, are: 18 AAC 51.010 [Purpose and General Requirements] (a)(3), (b), (d), (e), and (g); 18 AAC 52.020 [Vehicles Subject to this Chapter] (1); 18 AAC 52.070 [Waivers] (5)(A) through (C); and 18 AAC 52.900 [Definitions] (14).

(i) Incorporation by reference. (A) September 12, 1988 letter from the State of Alaska Department of Environmental Conservation to EPA Region 10.

(B) Chapter 52 [Emissions Inspection and Maintenance Requirements for Motor Vehicles] section 52.010 [Purpose and General Requirements (a)(3), (b), (d), (e), and (g); section 52.020 [Vehicles Subject to This Chapter] (1); section 52.070 [Waivers] (5)(A) through (C); and section 52.900 [Definitions] (14) as adopted by the State of Alaska Department of Environmental Conservation on March 10, 1988.

(16) On September 12, 1988, the State of Alaska Department of Environmental Conservation submitted revisions to the State of Alaska state implementation plan. Specifically pages IV.F.1-1 through IV.F.1-8 of section IV.F “Project Review Procedures” and amendments to title 18, chapter 50, sections 050(a)(4), 050(b), 050(d)(1), 300(a)(5)(C), 300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500(d), 510(a), 520(a), 520(b), and 620 of the Alaska Administrative Code.

(i) Incorporation by reference. (A) September 12, 1988, letter from the State of Alaska Department of Environmental Conservation to EPA Region 10 submitting a revision to the Alaska state implementation plan.

(B) Vol. II, Analysis of Problems, Control Actions, Pages IV.F.1-1 through IV.F.1-8 of section IV.F, “Project Review Procedures,” revised June 2, 1988.

(C) Title 18, chapter 50, (Air Quality Control) section 050 (Industrial Processes and Fuel Burning Equipment) (a)(4), 050(b), 050(d)(1), 300 (Permit to Operate) (a)(5)(C), 300(a)(6)(C), 300(a)(7), 300(c), 300(g), 500 (Source Testing) (d), 510 (Ambient Analysis Methods) (a), 520 (Emission and Ambient Monitoring) 520(a), 520(b), and 620 (Air Quality Control Plan) of the Alaska Administrative Code as adopted by the State of Alaska Department of Environmental Conservation on March 10, 1988 and effective on June 2, 1988.

(17) On October 17, 1991, the State of Alaska Department of Environmental Conservation submitted a PM10 nonattainment area state implementation plan for Eagle River, Alaska.

(i) Incorporation by reference. (A) October 15, 1991 letter from Alaska Department of Environmental Conservation to EPA Region 10 submitting the PM10 nonattainment area state implementation plan for Eagle River, Alaska.

(B) The PM10 nonattainment area state implementation plan for Eagle River, Alaska, as adopted by the Anchorage Assembly on February 6, 1990 and effective on September 24, 1991.

(18) On June 22, 1993, the Governor of the State of Alaska submitted revised rules to satisfy certain Federal Clean Air Act requirements for an approvable moderate PM10 nonattainment area SIP for Mendenhall Valley, Alaska. Also included in this SIP were PM10 contingency measures for the Mendenhall Valley. On January 21, 1992, a supplement to the existing Eagle River PM10 control plan was submitted by ADEC to EPA and certified on March 8, 1993, by the Lieutenant Governor of Alaska.

(i) Incorporation by reference. (A) June 22, 1993, letter from the Governor of the State of Alaska to EPA, Region 10, submitting the moderate PM10 nonattainment area SIP for Mendenhall Valley, Alaska.

(B) The Control Plan for Mendenhall Valley of Juneau, effective July 8, 1993.

(C) August 25, 1993, letter from ADEC showing, through enclosures, the permanent filing record for the supplement to the existing Eagle River PM10 control plan. The Lieutenant Governor certified the supplement on March 8, 1993.

(D) The January 21, 1992, supplement to the existing Eagle River PM10 control plan, effective April 7, 1993. Also included is an August 27, 1991 Municipality of Anchorage memorandum listing the 1991 capital improvement project priorities and an October 11, 1991, Municipality of Anchorage memorandum summarizing the supplement to the existing PM10 control plan.

(19) The Environmental Protection Agency (EPA) takes action on and/or approves regulations from three submittals received from the ADEC on July 17, 1990, October 15, 1991 and on March 24, 1994, which pertain to correcting SIP deficiencies in the CFR; amendments to regulations dealing with Air Quality Control, 18 AAC 50, for inclusion into Alaska's SIP; and additional amendments to 18 AAC 50, Air Quality Control, for inclusion into Alaska's SIP to assure compliance with new source review permitting requirements for sources located in nonattainment areas for either carbon monoxide or particulate matter.

(i) Incorporation by reference. (A) July 17, 1990 letter from ADEC to EPA requesting correction for findings of SIP deficiency in 40 CFR Part 52, and including the version of Alaska Statutes, “Title 46. Water, Air, Energy, and Environmental Conservation,” in effect at the time of the July 17, 1990 letter, of which Sections 46.03.020, 46.03.030, 46.03.032, and 46.03.715, amended in 1987, were the most recently amended of the enclosed statutes.

(B) October 15, 1991 letter from ADEC to EPA, and including amendments to regulations and the State Air Quality Control Plan to assure compliance with national ambient air quality standards for particulate matter; the Order Amending Regulations of the Department of Environmental Conservation, effective July 21, 1991; and the following Alaska Administrative Code, 18 AAC 50, Air Quality Control Regulations: (50.020; 50.085; 50.100; 50.300; 50.400; 50.510, 50.520, 50.610, and 50.900), effective July 21, 1991, Register 119.

(C) March 24, 1994 letter from Walter J. Hickel, Governor of Alaska, to Chuck Clarke, Regional Administrator of EPA, and including amendments to 18 AAC 50, State Air Quality Control Plan; the Order Adopting and Amending Regulations of the Department of Environmental Conservation, effective April 23, 1994, Register 130; and the amendments to 18 AAC 50 (50.021, 50.300(a)(7) and (a)(8), 50.300 (d), (e), and (g), 50.400(a)(1)(A), 50.400(c)(3)(B)(ii), 50.400(c)(4), 50.400(d)(4), and 50.620), State Air Quality Control Plan, found in Volume III: Appendices, Modifications to Section III.A, effective April 23, 1994, Register 130.

(20) On April 18, 1994, the Commissioner of the Alaska Department of Environmental Conservation (ADEC) submitted “The Alaska Air Quality Small Business Assistance Program State Air Quality Control Plan Amendment,” adopted April 8, 1994, as a revision to the Alaska SIP.

(i) Incorporation by reference. (A) Letter dated April 8, 1994, from the Commissioner of ADEC to the Regional Administrator of EPA, submitting “The Alaska Air Quality Small Business Assistance Program State Air Quality Control Plan Amendment” to EPA; the Alaska Air Quality Small Business Assistance Program State Air Quality Control Plan Amendment (which includes Appendix A the Alaska Statutes Title 46, Chapter 14, Article 3), dated April 1994, and adopted April 8, 1994.

(ii) Additional information. (A) Letter dated July 24, 1995, from Alaska Department of Environmental Conservation, submitting information necessary for approval of the SBAP revision to EPA; the July 1995 SBAP Update, Responses to EPA Comments, and the Air Quality/Small Business Assistance Compliance Advisory Panel Board Information.

(21) On July 11, 1994 ADEC submitted a SIP revision for a basic motor vehicle inspection and maintenance (I/M) program in the Municipality of Anchorage (MOA) and the Fairbanks North Star Borough (FNSB).

(i) Incorporation by reference. (A) July 11, 1994 letter from the Governor of Alaska to the Regional Administrator of EPA submitting Alaska's amendments to the Air Quality Control Plan and to 18 AAC 52, Emissions Inspection and Maintenance Requirements for Motor Vehicles; the amendments to 18 AAC 52 (52.005, .015, .020, .030, .035, .040, .045, .050, .055, .060, .065, .070, .075, .080, .085, .090, .095, .100, .105, .400, .405, .410, .415, .420, .425, .430, .440, .445, .500, .505, .510, .515, .520, .525, .527, .530, .535, .540, .545, .550, and .990), effective February 1, 1994; and the State Air Quality Control Plan, Vol. II: Analysis of Problems, Control Actions, Modifications to Section I, June 9, 1994; Vol. II: Analysis of Problems, Control Actions, Modifications to Section I, II, III and V, adopted January 10, 1994; Vol. III: Appendices, Modifications to Section III.A, June 9, 1994; Vol. III: Appendices, Modifications to Section III.B, June 9, 1994; and Vol. III: Appendices, Modifications to Section III.C, June 9, 1994.

(22) On March 24, 1994, ADEC submitted a revision to its SIP for the State of Alaska addressing the attainment and maintenance of the National Ambient Air Quality Standards for carbon monoxide in the Anchorage carbon monoxide nonattainment area.

(i) Incorporation by reference. (A) March 24, 1994 letter from Alaska Governor Walter Hickel to EPA Regional Administrator Chuck Clarke including as a revision to the SIP the State of Alaska, Department of Environmental Conservation, 18 AAC 53, “Fuel Requirements for Motor Vehicles,” (Article 1, 18 AAC 53.005-18 AAC 53.190 and Article 9, 18 AAC 53.990) with amendments adopted through March 19, 1994.

(23) On March 24, 1994, ADEC submitted a SIP revision to EPA to satisfy the requirements of sections 187(a)(2)(A) and 187(a)(3) of the CAA, forecasting and tracking VMT in the Anchorage area.

(i) Incorporation by reference. (A) March 24, 1994 letter from the Alaska Governor to the EPA Regional Administrator including as a revision to the SIP the VMT requirement in the Anchorage area, contained in ADEC's State Air Quality Control Plan, Volume III: Appendices, Modifications to Section III.B.6, III.B.8, III.B.10 and III.B.11, adopted January 10, 1994; and further description on pages 10-14, 57-60 and 69-75 contained in ADEC's State Air Quality Control Plan, Volume III: Appendices, Modifications to Section III.B, III.B.1, and III.B.3, adopted January 10, 1994.

(24) On December 5, 1994 the Alaska Department of Environmental Conservation sent EPA revisions for inclusion into Alaska's SIP that address transportation and general conformity regulations as required by EPA under the CAA.

(i) Incorporation by reference. (A) December 5, 1994 letter from the Governor of Alaska to EPA, Region 10, submitting amendments addressing transportation and general conformity revisions to the SIP:

(1) Regulations to 18 AAC 50, Air Quality Control, including Article 5, Procedure and Administration, 18 AAC 620; Article 6, Reserved; Article 7, Conformity, 18 AAC 50.700-18 AAC 50.735; Article 8, Reserved; and Article 9, General Provisions, 18 AAC 50.900, all of which contain final edits (23 pages total) by the Alaska Department of Law, were filed by the Lieutenant Governor on December 5, 1994 and effective on January 4, 1995.

(2) Amendments to the Alaska State Air Quality Control Plan, “Volume II: Analysis of Problems, Control Actions,” as revised on December 1, 1994, adopted by reference in 18 AAC 50.620, containing final edits by the Alaska Department of Law, all of which were certified by the Commissioner of Alaska to be the correct plan amendments, filed by the Alaska Lieutenant Governor on December 5, 1994 and effective on January 4, 1995.

(25) On March 24, 1994, ADEC submitted a revision to its SIP for the State of Alaska addressing the attainment and maintenance of the NAAQS for CO in the Anchorage CO nonattainment area.

(i) Incorporation by reference. (A) March 24, 1994 letter from the Alaska Governor to the EPA Regional Administrator including as a revision to the SIP the State of Alaska, Department of Environmental Conservation, 18 AAC 53, “Fuel Requirements for Motor Vehicles,” (Article 1, 18 AAC 53.005-18 AAC 53.190 and Article 9, 18 AAC 53.990, with the exception of 18 AAC 53.010(c)(2)), filed March 24, 1994 and effective on April 23, 1994.

(26) Submittal to EPA from the ADEC of CO contingency measure for Fairbanks, AK.

(i) Incorporation by reference. (A) Letter dated July 12, 1995 from the Commissioner of the ADEC to the EPA Regional Administrator submitting its repair technician and certification program element found in State regulation 18 AAC 52.400-410, effective June 24, 1994.

(27) On October 31, 1997, ADEC submitted revisions to Fuel Requirements for Motor Vehicles, title 18, chapter 53 of the Alaska Administrative Code (18 AAC 53) regarding the use of oxygenated fuels.

(i) Incorporation by reference. (A) Title 18, Chapter 53, Alaska Administrative Code (AAC), Fuel Requirements for Motor Vehicles, adopted October 31, 1997 (Article 1, 18 AAC 53 .005, .007, .010, .015, .020, .030, .035, .040, .045, .060, .070, .080, .090, .100, .105, .120, .130, .140, .150, .160, .170, .190; Article 9, 18 AAC 53.990).

(28) On January 8, 1997, the Director of the Alaska Department of Environmental Conservation submitted the Alaska air quality regulations, 18 Alaska Administrative Code (AAC) 50 (with the exception of 18 AAC 50.055(a)(9), 50.085, 50.090, 50.110, 50.300(g), and 50.310(l) which were not submitted), as effective on January 18, 1997. On March 17, 1998, the Director of the Alaska Department of Environmental Conservation resubmitted 18 AAC 50.055(a)(3) and (b)(6). EPA has approved the following provisions of 18 AAC 50, as effective on January 18, 1997: Section 005; Section 010, except for subsections (7) and (8); Section 025; Section 030; Section 035; Section 045; Section 050; Section 055, except for paragraph (d)(2)(B) and (a)(9); Section 060; Section 065; Section 070; Section 075; Section 200; Section 201; Section 205; Section 220; Section 240; Section 245; Section 400, paragraphs (a), (b)(1), and (c); Section 420; Section 430; Section 900; and Section 990, subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15), (16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33), (34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51), (53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70), (71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86), (89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100). On January 8, 1997, the Director of the Alaska Department of Environmental Conservation submitted the current Alaska Statutes for air pollution control, specifically the 1993 Alaska Act (Chapter 74 State Legislative Act 1993). EPA has approved as federally enforceable provisions of the SIP, the following provisions of the Alaska Statutes, as effective June 25, 1993: AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1), (2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24), and (25); and AS 45.45.400(a). On January 8, 1997, the Director of the Alaska Department of Conservation submitted the “In Situ Burning Guidelines for Alaska (revised 5/94).”

(i) Incorporation by reference. (A) 18 AAC 50.005; 18 AAC 50.010, except for subsections (7) and (8); 18 AAC 50.025; 18 AAC 50.030; 18 AAC 50.035; 18 AAC 50.045; 18 AAC 50.050; 18 AAC 50.055, except for paragraphs (d)(2)(B) and (a)(9); 18 AAC 50.060; 18 AAC 50.065; 18 AAC 50.070; 18 AAC 50.075; 18 AAC 50.200; 18 AAC 50.201; 18 AAC 50.205; 18 AAC 50.220; 18 AAC 50.240; 18 AAC 50.245; 18 AAC 50.400, paragraphs (a), (b)(1), and (c); 18 AAC 50.420; 18 AAC 50.430; 18 AAC 50.900; and 18 AAC 50.990, subsections (2), (3), (4), (5), (6), (8), (9), (10), (11), (14), (15), (16), (17), (19), (20), (23), (24), (25), (26), (29), (31), (32), (33), (34), (35), (37), (39), (40), (42), (43), (45), (47), (48), (50), (51), (53), (58), (59), (60), (61), (62), (63), (65), (66), (67), (69), (70), (71), (72), (74), (75), (78), (79), (80), (81), (83), (84), (85), (86), (89), (90), (91), (92), (93), (94), (95), (96), (97), (99), and (100); as effective on January 18, 1997.

(B) AS 46.14.510(b); AS 46.14.550; AS 46.14.560; AS 46.14.990(1), (2), (3), (6), (7), (8), (10), (13), (15), (16), (17), (18), (22), (24), and (25); and AS 45.45.400(a); as effective on June 25, 1993.

(C) Remove the following provisions of 18 AAC 50, as effective on June 2, 1988, from the current incorporation by reference: 18 AAC 50.010; 18 AAC 50.070; 18 AAC 50.900, subsections (19), (27), (30), (45), (46), and (48).

(29) The Environmental Protection Agency (EPA) approves various amendments to the Alaska State Air Quality Control Plan which are contained in three separate submittals to EPA, dated February 6, 1997, June 1, 1998, and September 10, 1998, and which include the inspection and maintenance program.

(i) Incorporation by reference. (A) Air Quality Control Regulations, 18 AAC 50.

Effective September 4, 1998: Section 700; Section 705; Section 710 (except for the incorporation by reference of sections 93.102(c), 93.102 (d), 93.104(d), 93.104(e)(2), 93.109(c)-(f), 93.118(e), 93.119(f)(3), 93.120(a)(2), 93.121(a)(1) and (b), and 93.124(b) of 40 CFR); Section 715; and Section 720.

(B) Emissions Inspection and Maintenance Requirements for Motor Vehicles 18 AAC 52.

(1) Effective January 1, 1998: Section 005; Section 010; 015; 020; 025; 035; 037; 050; 060, except for subsections (8)(c), (8)(d)(2) and (8)(e); 065; 070; 080; 085; 095; 100; 105; 400; 405; 415, except subsection (f)(1); 420, except subsection (a)(11); 425; 440; 500; 515; 520, except subsection (c)(9); 525; 527; 530, except subsections (b)(3), (c)(4)(C) and (d)(9); 535; 540; 545; 546; 990.

(2) Effective January 1, 1997: Section 055; 090.

(3) Remove the following provisions of 18 AAC 52, effective January 1, 1997: Section 060, subsection 8 (c) and 8 (e); Section 520, subsection (c)(9).

(4) Remove the following provisions of 18 AAC 52, effective January 1, 1998: Section 060, subsection 8 (d)(2); Section 415, subsection (f)(1); Section 420, subsection (a) (11); Section 530, subsection (b)(3) and (d)(9).

(5) Remove the following provisions of 18 AAC 52, effective January 4, 1995: Section 530, subsection (c) (4)(c).

(C) Fuel Requirements for Motor Vehicles 18 AAC 53.

(1) Effective October 31, 1997: Section 05; 07; 10; 20; 30; 35; 40; 45; 60; 70; 80; 90; 200; 105; 120; 130; 140; 150; 160; 170; 190 and effective September 4, 1998, Section 990.

(2) Remove the following provision of 18 AAC 53.015, Expansion of Control Area, effective October 31, 1997.

(ii) Additional material. (A) Revisions to Alaska's State Air Quality Control Plan, Volume II: Section I, “Background,” I.A; I.B., I.C., I.D., and I.E., adopted 11/26/96; Part B—Anchorage Contingency Measures, adopted 5/18/98; Section II, “State Air Quality Control Program,” pages II-1 through II-4, adopted 5/18/98; Section III.A. “Statewide Carbon Monoxide Control Program,” pages III.A.1-1 through III.A.3-4, adopted 5/18/98; III.B. “Anchorage Transportation Control Program,” pages III.B.1-1 through III.B.6-7, adopted 5/18/98; III.B.8. “Modeling and Projections,” pages III.B.8-1 through III.B.9-2, adopted 5/18/98; III.B.10, “Anchorage Air Pollution Episode Curtailment Plan,” pages III.B.10-1 and III.B.10-2, revised 12/19/93; III.B.11. “Assurance of Adequacy,” pages III.B.11-1 through III.B.11-3, revised 5/18/98; III.B.12. “Emissions Budget,” page III.B.12-1, adopted 11/26/96; and various CO SIP streamlining edits throughout Volume II and Volume III of the State Air Quality Control Plan which make the document easier to read and better organized, adopted 5/18/98.

(30) On November 1, 1999, the Alaska Department of Environmental Conservation (ADEC) submitted a SIP revision to revise the visible emission limit for coal burning boilers, during startup; shutdown; soot-blowing; grate cleaning; or other routine maintenance activities, that began operation before August 17, 1971, and submitted the required demonstration. This SIP revision is approved for the following facilities that submitted the required demonstration: Golden Valley Electric Association (GVEA), Healy (Unit #1); Eielson Air Force Base, Fairbanks (6 units); Aurora Energy, Fairbanks (4 units); and Clear Air Force Base, Clear (3 units). Additionally, we are approving a revision to the definitions section that will add definitions of grate cleaning and soot-blowing.

(i) Incorporation by reference. (A) 18 Alaska Administrative Code (AAC) 50.055(a)(9), Industrial Processes and Fuel-Burning Equipment; as State effective on November 4, 1999. 18 AAC 50.990, subsections (106) and (107), Definitions; as State effective on January 1, 2000.

(31) The Environmental Protection Agency (EPA) approves various amendments to the Alaska State Air Quality Control Plan which are contained in two separate submittals to EPA, dated February 24, 2000 and February 2, 2001, and which include the inspection and maintenance and fuels program.

(i) Incorporation by reference. (A) Air Quality Control Regulations, 18 AAC 50. Effective December 30, 2000: Section 030.

(B) Emissions Inspection and Maintenance Requirements for Motor Vehicles 18 AAC 52.

(1) Effective January 1, 2000: Sections 005; 015; 020; 025; 035; 037; 055; 060; 065; 070; 085; 100; 105; 410; 415; 420; 440; 500; 510; 515; 520; 525; 527; 530; 535; and 540.

(2) Effective December 30, 2000: Sections 050 and 990.

(C) Fuel Requirements for Motor Vehicles 18 AAC 53. Effective December 30, 2000: Section 080.

(32) On August 30, 2001 the Alaska Department of Environmental Conservation submitted revisions to the Carbon Monoxide State Implementation Plan for Fairbanks, Alaska.

(i) Incorporation by reference. (A) Air Quality Control Regulations, 18 AAC 50.030, as adopted 7/27/01, effective 9/21/01.

(B) Assembly Ordinance 2001-17   mandating a Fairbanks North Star Borough motor vehicle plug-in program, as adopted 4/12/2001, effective 4/13/01.

(ii) Additional material. Volume II, Section III.C of the State Air Quality Control Plan adopted 7/27/01, effective 9/21/01; Volume III.C3, III.C.5, C.11, and C.12 of the Appendices; adopted 7/27/01, effective 9/21/01.

(33) [Reserved]

(34) On February 18, 2004, the Alaska Department of Environmental Quality submitted a CO maintenance plan and requested the redesignation of Anchorage to attainment for CO. The State's maintenance plan, attainment year emissions inventory, and the redesignation request meet the requirements of the Clean Air Act.

(i) Incorporation by reference. (A) 18AAC50.010, Ambient air quality standards, as effective June 21, 1998, except for subsections (7) and (8).

(B) 18AAC50.015, Air quality designations, classifications, and control regions, as in effect February 20, 2004.

(C) 18AAC53.010, Control periods and control areas, as in effect February 20, 2004.

(D) 18AAC53.190, Suspension and reestablishment of control period, as in effect February 20, 2004.

(E) 18AAC50.021, of the State Air Quality Control Plan, as referenced in (c)(19)(i)(C) of this section, effective April 23, 1994, is removed.

(35) On June 21, 2004, the Alaska Department of Environmental Conservation submitted a carbon monoxide maintenance plan and requested the redesignation of Fairbanks to attainment for carbon monoxide. The State's maintenance plan and the redesignation request meet the requirements of the Clean Air Act.

(i) Incorporation by reference. (A) 18AAC50.015, Air quality designations, classifications, and control regions, as in effect June 24, 2004.

(B) Assembly Ordinance No. 2003-71—An Ordinance amending the Carbon Monoxide Emergency Episode Prevention Plan including implementing a Woodstove Control Ordinance, adopted October 30, 2003.

(36) On May 6, 2005 and June 30, 2006, the Alaska Department of Environmental Conservation (ADEC) submitted amendments to ADEC's air quality regulations, as revision to the State of Alaska Implementation Plan.

(i) Incorporation by reference.

(A) The following new and revised sections of ADEC's air quality regulations:

(1) 18 AAC 50.080 Ice Fog Standards; State effective January 18, 1997.

(2) 18 AAC 50.025 Visibility and Other Special Protection Areas; 18 AAC 50.070 Marine Vessel Visible Emission Standards. All provisions in this paragraph are State effective June 21, 1998.

(3) 18 AAC 50.050 Incinerator Emission Standards; State effective May 3, 2002.

(4) 18 AAC 50.005 Purpose of Chapter; 18 AAC 50.010 Ambient Air Quality Standards [except (7) and (8)]; 18 AAC 50.015 Air Quality Designations, Classifications, and Control Regions; 18 AAC 50.020 Baseline Dates and Maximum Allowable Increases, 18 AAC 50.045 Prohibitions; 18 AAC 50.055 Industrial Processes and Fuel-Burning Equipment [except (d)(2)(B)]; 18 AAC 50.100 Nonroad Engines; 18 AAC 50.200 Information Requests; 18 AAC 50.201 Ambient Air Quality Investigation; 18 AAC 50.205 Certification; 18 AAC 50.215 Ambient Air Quality Analysis Methods [except (a)(3)]; 18 AAC 50.220 Enforceable Test Methods [except (c)(2)]; 18 AAC 50.245 Air Episodes and Advisories; 18 AAC 50.250 Procedures and Criteria for Revising Air Quality Classifications; 18 AAC 50.301 Permit Continuity; 18 AAC 50.302 Construction Permits; 18 AAC 50.306 Prevention of Significant Deterioration (PSD) Permits [except (b)(2) and (b)(3)]; 18 AAC 50.311 Nonattainment Area Major Stationary Source Permits; 18 AAC 50.345 Construction and Operating Permits: Standard Permit Conditions [except (b), (c)(3), and (l)]; 18 AAC 50.508 Minor Permits Requested by the Owner or Operator [except (1) and (2)]; 18 AAC 50.546 Minor Permits: Revisions [except (b)]; 18 AAC 50.560 General Minor Permits; 18 AAC 50.900 Small Business. All provisions in this paragraph are State effective October 1, 2004.

(5) 18 AAC 50.542 Minor Permit: Review and Issuance [except (b)(2), (f)(4), (f)(5), and (g)(1) but only with respect to clean units and pollution control projects]; State effective December 1, 2004.

(6) 18 AAC 50.225 Owner-Requested Limits; 18 AAC 50.230 Preapproved Emission Limits [except (d)]; 18 AAC 50.544 Minor Permits: Content [except (e)]. All provisions in this paragraph are State effective January 29, 2005.

(7) 18 AAC 50.035 Documents, Procedures, and Methods Adopted By Reference [except (b)(4)]; 18 AAC 50.040 Federal Standards Adopted by Reference [except (a), (b), (c), (d), (e), (g), (h)(17), (h)(18), (h)(19), (i)(7), (i)(8), (i)(9), and (j)]; 18 AAC 50.502 Minor Permits for Air Quality Protection [except (g)(1) and (g)(2)]; 18 AAC 50.540 Minor Permit: Application [except (f) and (g)];18 AAC 50.990 Definitions [except (21), and (77)]. All provisions in this paragraph are State effective December 3, 2005.

(B) Remove the following provisions from the current incorporation by reference:

(1) 18 AAC 50.030 State Air Quality Control Plan; State effective September 21, 2001.

(2) 18 AAC 50.035 (b)(4) Documents, Procedures and Methods Adopted by Reference; State Effective January 18, 1997.

(3) 18 AAC 50.090 Ice Fog Limitations; State effective May 26, 1972.

(4) 18 AAC 50.220(c)(2) Enforceable Test Methods; State effective January 18, 1997.

(5) 18 AAC 50.300 Permit to Operate and 18 AAC 50.400 Application Review & Issuance of Permit to Operate. The provisions in this paragraph were State effective July 21, 1991 and April 23, 1994.

(6) 18 AAC 50.520 Emissions and Ambient Monitoring; State effective July 21, 1991.

(7) 18 AAC 50.530 Circumvention; State effective June 7, 1987.

(8) 18 AAC 50.310 Revocation or Suspension of Permit; State effective May 4, 1980.

(9) 18 AAC 50.400 Permit Administration Fees; 18 AAC 50.420 Billing Procedures; and 18 AAC 50.430 Appeal Procedures. The provisions of this paragraph were State effective January 18, 1997.

(10) 18 AAC 50.600 Reclassification Procedures & Criteria; State effective November 1, 1982.

(11) 18 AAC 50.620 State Air Quality Control Plan; State effective January 4, 1995.

(12) 18 AAC 50.900 Definitions; State effective July 21, 1991 and January 4, 1995.

(ii) Additional Material.

(A) The following section of ADEC's air quality regulations: 18 AAC 50.030 State Air Quality Control Plan, State effective October 1, 2004.

(37) On March 29, 2002, December 11, 2006 and June 5, 2008 the Alaska Department of Environmental Conservation submitted revisions to the SIP approved inspection and maintenance program for Carbon Monoxide. The SIP revisions meet the requirements of the Clean Air Act.

(i) Incorporation by reference.

(A) The following new and revised sections of ADEC's air quality regulations:

(1) 18 AAC 50.030 Air Quality Control as in effect May 17, 2008.

(2) 18 AAC 52 Emissions Inspection and Maintenance Requirements for Motor Vehicles as in effect May 17, 2008.

(3) AO 2006-13 an ordinance amending Anchorage Municipal Code chapters 15.80 and 15.85 to comply with State I/M regulations and to comply with DMV Electronic Procedures January 24, 2006 and Chapters 15.80 and 15.85 of the Anchorage Municipal Code as approved February 14, 2006.

(ii) Additional material

(A) The following revised sections of Alaska's air quality regulations:

(1) State Air Quality Control Plan—Vol. II Analysis of Problems, Control Actions, Section II: Air Quality Program, April 4, 2008

(2) State Air Quality Control Plan—Vol. II Analysis of Problems, Control Actions, Section III.A. Statewide Carbon Monoxide Control Program, April 4, 2008

(3) State Air Quality Control Plan—Vol. II Analysis of Problems, Control Actions, Section III.C. Fairbanks Transportation Control Program, April 4, 2008

(4) Amendments to State Air Quality Control Plan, Vol. III Appendices (Appendix III.A.2 and Appendix to III.C.3), April 4, 2008

(5) State Air Quality Control Plan—Vol. II Analysis of Problems, Control Actions, Section III.B. Anchorage Transportation Control Program, September 19, 2006

(6) Vol. III. Appendix to Vol. II, Sec II, September 19, 2006

(7) Vol. III. Appendix to Vol. II, Sec III.A, September 19, 2006

(8) Vol. III. Appendix to Vol. II, Sec III.B, September 19, 2006

(9) Vol. III. Appendix to Vol. II, Sec III.C, September 19, 2006

(38) On November 19, 2010, the Alaska Department of Environmental Conservation (ADEC) submitted a revision to the State of Alaska Implementation Plan that adds a definition of “Subject to regulation” as it applies to greenhouse gases in Alaska's Prevention of Significant Deterioration (PSD) permit rule.

(i) Incorporation by reference. (A) The following section of ADEC's air quality regulations: The incorporation by reference date for 40 CFR 52.21 in 18 AAC 50.040(h), introductory paragraph, but only with respect to its incorporation by reference of the definition of “Subject to regulation” in 40 CFR 52.21(b)(49) for the purpose of greenhouse gases only; State effective December 9, 2010.

(39) On April 9, 2010, the Alaska Department of Environmental Conservation (ADEC) submitted a revision to the Alaska State Implementation Plan (SIP) to update the SIP to include the 2008 ozone standard at an 8-hour averaging period, the associated federal method for measuring and monitoring ozone in ambient air, and a general definition of ozone.

(i) Incorporation by reference. (A) The following revised sections of Alaska Administrative Code Title 18: Chapter 50, effective April 1, 2010:

(1) Article 1, Ambient Air Quality Management: Rule 010 Ambient Air Quality Standards, the undesignated introductory text, and (4); Rule 035 Documents, procedures, and methods adopted by reference, (b) the undesignated introductory text, and (b)(1), but only with respect to the incorporation by reference of 40 CFR part 50, Appendix P;

(2) Article 2, Program Administration: Rule 215 Ambient Air Quality Analysis Methods, (a) introductory text, and (a)(2);

(3) Article 9, General Provisions, Rule 990 Definitions, (129).

(40) On November 19, 2010, and July 9, 2012, the Alaska Department of Environmental Conservation (ADEC) submitted revisions to the Alaska State Implementation Plan (SIP) to update the SIP to include federal Prevention of Significant Deterioration (PSD) program changes to regulate NOX as a precursor to ozone, and provisions to satisfy CAA section 128 conflict of interest disclosure requirements.

(i) Incorporation by reference. (A) The following revised sections of Alaska Administrative Code Title 18, Chapter 50, effective December 9, 2010:

(1) Article 1, Ambient Air Quality Management: Rule 040 Federal standards adopted by reference, (h) the undesignated introductory text, only with respect to 40 CFR Part 52 and (h)(4), only with respect to the incorporation by reference date for “significant” at 40 CFR 52.21(b)(23)(i);

(2) Article 9, General Provisions, Rule 990 Definitions, (52)(A), “major stationary source,” (53)(A), “major modification,” and (92), “regulated NSR pollutant.”

(ii) Additional material. (A) The following sections of Alaska Administrative Code Title 2 and Title 9, effective February 20, 2005:

(1) Title 2, Administration: Chapter 50, Alaska Public Offices Commission: Conflict of Interest, Campaign Disclosure, Legislative Financial Disclosure, and Regulations of Lobbying; Article 1, Public Official Financial Disclosure (2 AAC 50.010-2 AAC 50.200);

(2) Title 9, Law: Chapter 52, Executive Branch Code of Ethics (9 AAC 52.010-9 AAC 52.990).

(41) On April 4, 2011, the Alaska Department of Environmental Conservation submitted a SIP revision to meet the regional haze requirements of Clean Air Act sections 169A and 169B, and Federal Regulations 40 CFR 51.308, to implement a regional haze program in the State of Alaska for the first planning period through July 31, 2018.

(i) Incorporation by reference.

(A) The following revised section of the Alaska Administrative Rules: Alaska Department of Environmental Conservation, 18 AAC 50.260, “Guidelines for Best Available Retrofit Technology under the Regional Haze Rule”, state effective date December 30, 2007.

(ii) Additional material.

(A) The following section of ADEC's air quality control regulations: 18 AAC 50.030 State Air Quality Control Plan; state effective date February 11, 2011; Volume II, Section III. F. Open Burning; and Volume II, Section III. K. Area Wide Pollution Control Program for Regional Haze.

(42) On May 14, 2009, the Alaska Department of Environmental Conservation submitted a PM10 limited maintenance plan and requested the redesignation of the Mendenhall Valley to attainment for PM10. The state's limited maintenance plan and redesignation request meet the requirements of the Clean Air Act.

(i) Incorporation by reference.

(A) Alaska Administrative Code, Title 18, Chapter 50 Air Quality Control, Section 075 “Wood-fired heating devise visible emission standards,” effective May 6, 2009.

(B) Alaska Department of Environmental Conservation State Air Quality Control Plan, Volume III, Appendix III.D.3.5, Ordinance of the City and Borough of Juneau, Alaska, Serial No. 2008-28, adopted February 20, 2009

[37 FR 10848, May 31, 1972. Redesignated at 79 FR 19822, Apr. 10, 2014]

Editorial Note: For Federal Register citations affecting §52.74, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

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§52.75   [Reserved]

§52.76   1990 Base Year Emission Inventory.

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

(b) EPA approves a revision to the Alaska State Implementation Plan, submitted on December 5, 1994, of the on-road mobile source portion of the 1990 Base Year Emission Inventory for Carbon Monoxide in Anchorage and Fairbanks.

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

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§§52.77-52.81   [Reserved]

§52.82   Extensions.

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

[61 FR 33678, June 28, 1996]

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§§52.83-52.95   [Reserved]

§52.96   Significant deterioration of air quality.

(a) The State of Alaska Department of Environmental Conservation Air Quality Control Regulations are approved as meeting the requirements of 40 CFR 51.166 and part C for preventing significant deterioration of air quality. The specific provisions approved are: 18 AAC 50.010 except (7) and (8); 18 AAC 50.015; 18 AAC 50.020; 18 AAC 50.035(a)(4), (a)(5), and (b)(1); 18 AAC 50.040(h); and 18 AAC 50.215 except (a)(4) as in effect on April 17, 2015; 18 AAC 50.990 as in effect on November 9, 2014; 18 AAC 50.306 as in effect on January 4, 2013; 18 AAC 50.345 except (b), (c)(3), and (l) as in effect on September 14, 2012; and 18 AAC 50.250 as in effect on October 1, 2004.

(b) The requirements of sections 160 through 165 of the Clean Air Act are not met for Indian reservations since the plan does not include approvable provisions for preventing the significant deterioration of air quality on Indian reservations and, therefore, the provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made part of the applicable plan for Indian reservations in the State of Alaska.

[72 FR 45380, Aug. 14, 2007, as amended at 76 FR 7117, Feb. 9, 2011; 77 FR 64427, Oct. 22, 2012; 79 FR 56274, Sept. 19, 2014; 81 FR 31513, May 19, 2016]

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§§52.97-52.98   [Reserved]

Subpart D—Arizona

§52.119   Identification of plan—conditional approvals.

This section identifies plan revisions that are conditionally approved based upon commitments received from the State.

(a) A plan revision for the Arizona Department of Environmental Quality (ADEQ) submitted April 28, 2017, by the Governor's designee, updating ADEQ's Clean Air Act (CAA) new source review (NSR) program only with respect to the CAA requirements related to ammonia as a precursor to PM2.5 under the nonattainment NSR program requirements in CAA section 189(e). This plan revision is conditionally approved as follows:

(1) The conditional approval is based upon the December 6, 2017 commitment from the State to submit a SIP revision to the EPA by March 31, 2019 consisting of rule revisions and/or demonstrations that will correct the deficiencies identified with this submittal, as specified in ADEQ's December 6, 2017 commitment letter. If the State fails to meet its commitment by March 31, 2019, the conditional approval will be treated as a disapproval only with respect to the CAA requirements related to ammonia as a precursor to PM2.5 under the nonattainment NSR program requirements in CAA section 189(e).

(2) [Reserved]

(b) A plan revision for the Maricopa County Air Quality Department (MCAQD) submitted May 18, 2016, by the Arizona Department of Environmental Quality (ADEQ), the Governor's designee, updating the MCAQD's Clean Air Act (CAA) new source review (NSR) program with respect to deficiencies identified by the EPA in Regulation I, Rule 100 and Regulation II, Rule 200. This plan revision is conditionally approved as follows:

(1) The conditional approval is based on the April 6, 2018 and October 5, 2018 commitments from the ADEQ, and on the April 2, 2018 letter from the MCAQD to the ADEQ requesting submittal of a letter of commitment for conditional approval, to submit a SIP revision consisting of rule revisions and/or demonstrations to the ADEQ within eleven (11) months after the EPA's approval, to allow the ADEQ to make the final submission to the EPA not later than twelve (12) months after the EPA's approval that will correct the deficiencies identified in this final notice. If the State fails to meet its commitment by that date that is twelve (12) months after the EPA's approval, the conditional approval will be treated as a disapproval to deficiencies identified by the EPA in Regulation I, Rule 100; and Regulation II, Rule 200.

(2) [Reserved]

[83 FR 19635, May 4, 2018, as amended at 84 FR 13548, Apr. 5, 2019]

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§52.120   Identification of plan.

Link to an amendment published at 84 FR 44703, Aug. 27, 2019.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for the State of Arizona under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference.

(1) Material listed in in paragraphs (c) and (d) of this section with an EPA approval date prior to June 30, 2016, 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. Entries in paragraphs (c) and (d) of this section with the EPA approval dates after June 30, 2016 have been approved by EPA for inclusion in the State implementation plan and for incorporation by reference into the plan as it is contained in this section, and will be considered by the Director of the Federal Register for approval in the next update to the SIP compilation.

(2) EPA Region IX certifies that the materials provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the state implementation plan as of the dates referenced in paragraph (b)(1).

(3) Copies of the materials incorporated by reference into the state implementation plan may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; or the National Archives and Records Administration (NARA). To obtain the material, please call the Regional Office. You may also inspect the material with an EPA approval date prior to June 30, 2016 at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

(c) EPA-approved regulations.

Table 1—EPA-Approved Arizona Statutes

State citationTitle/subjectState effective dateEPA approval dateAdditional explanation
ARIZONA REVISED STATUTES1
Title 9 (Cities and Towns)
Chapter 4 (General Powers)
Article 8 (Miscellaneous)
9-500.03Air quality controlMay 22, 1987August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Approval only included subsection A, paragraphs 1 and 2, subsection B. Submitted on March 23, 1988. Senate Bill 1360, section 2.†
9-500.04, excluding paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and paragraph I.Air quality control; definitionsSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2008). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
9-500.27, excluding paragraphs D and E. =Off-road vehicle ordinance; applicability; violation; classificationSeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (Thomson/West, 2008). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
Title 11 (Counties)
Chapter 6 (County Planning and Zoning)
Article 6 (Air Quality)
11-871, excluding paragraphs C through E.Emissions control; no burn; exemptions; penaltySeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
11-877Air quality control measuresSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (West, 2012). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
Title 28 (Transportation)
Chapter 3 (Traffic and Vehicle Regulation)
Article 18 (Vehicle Size, Weight and Load)
28-1098, excluding paragraphs B and CVehicle loads; restrictions; civil penaltiesSeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
Title 36 (Public Health and Safety)
Chapter 14 (Air Pollution)
Article 3 (Annual Emissions Inspection of Motor Vehicles)
36-1776Fleet Emissions Inspection Stations; Certificates of Inspection; Dealer's Inventory; Investigations; Revocation of Permit.January 1, 1981June 18, 1982, 47 FR 26382Submitted on August 5, 1981.
36-1777Authority of Director to Acquire Enforcement Equipment; Random Vehicle Tests.January 1, 1981June 18, 1982, 47 FR 26382Submitted on August 5, 1981.
36-1778Improper Representation.January 1, 1981June 18, 1982, 47 FR 26382Submitted on August 5, 1981.
36-1779False CertificatesJanuary 1, 1981June 18, 1982, 47 FR 26382Submitted on August 5, 1981.
Title 41 (State Government)
Chapter 15 (Department of Weights and Measures)
Article 1 (General Provisions)
41-2051 (6), (10), (11), (12), and (13)Definitions—“Certification,” “Department,” “Diesel fuel,” “Director,” and “E85”September 26, 2008June 13, 2012, 77 FR 35279Laws 2008, Ch. 254, §2. Submitted on September 21, 2009.
Article 3 (Method of Sale of Commodities and Services)
41-2083Standards for liquid fuels; exceptionsJuly 18, 1996June 8, 2000, 65 FR 36353; corrected March 18, 2004, 69 FR 12802Senate Bill 1002, section 26. In connection with approval of 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August 1997). Previous versions approved in connection with the Maricopa County Ozone Plan.
Article 5 (Regulation)
41-2113(B)(4)Violation; classification; jurisdictionAugust 21, 1998March 4, 2004, 69 FR 10161.Last amended Laws 1998, Ch. 146, §16. Submitted on January 22, 2004.
41-2115Civil PenaltiesJuly 18, 2000March 4, 2004, 69 FR 10161.Last amended Laws 2000, Ch. 193, §463. Submitted on January 22, 2004.
Article 6 (Motor Fuel)
41-2121DefinitionsMay 18, 1999June 8, 2000, 65 FR 36353.Submitted on September 1, 1999. House Bill 2189, section 9. The definition of “gasoline” was superseded at 77 FR 35279 (September 19, 2007)
41-2121(5)Definitions [“Gasoline”]September 19, 2007June 13, 2012, 77 FR 35279Laws 2007, Ch. 292, §11. Submitted on September 21, 2009.
41-2122Standards for oxygenated fuel; volatility exceptionsJuly 18, 1996June 8, 2000, 65 FR 36353; corrected March 18, 2004, 69 FR 12802Senate Bill 1002, section 27. In connection with approval of 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August 1997).
41-2123Area A; sale of gasoline; oxygen contentAugust 6, 1999March 4, 2004, 69 FR 10161Last amended Laws 1999, Ch. 295, §11. Submitted on January 22, 2004.
41-2124Area A; fuel formulation; rulesJuly 18, 2000March 4, 2004, 69 FR 10161Last amended Laws 2000, Ch. 405, §21. Submitted on January 22, 2004.
41-2125Area B; sale of gasoline; oxygen contentJuly 18, 1996June 8, 2000, 65 FR 36353; corrected March 18, 2004, 69 FR 12802Senate Bill 1002, section 28. In connection with approval of 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August 1997).
Article 7 (Gasoline Vapor Control)
41-2131DefinitionsApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 5, effective through September 29, 2018. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014.
41-2131DefinitionsApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 6, effective from and after September 30, 2018. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014.
41-2132Stage I vapor recovery systemsApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 7. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014.
41-2133Compliance schedulesApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 8. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014.
41-2135Stage II vapor recovery systemsApril 22, 2014November 16, 2015, 80 FR 70689House Bill 2128, section 10. Includes the text that appears in all capital letters and excludes the text that appears in strikethrough. Submitted on September 2, 2014. ARS 41-2135 is repealed from and after September 30, 2018 pursuant to section 11 of House Bill 2128.
Title 49 (The Environment)
Chapter 1 (General Provisions)
49-107Local delegation of state authorityJuly 1, 1987November 2, 2015, 80 FR 67319Submitted on October 29, and supplemented on September 6, 2013 and July 2, 2014.
Chapter 3 (Air Quality)
Article 1 (General Provisions)
49-401.01DefinitionsMay 18, 1999June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2189, section 40.
Article 2 (State Air Pollution Control)
49-454Adjusted work hoursMay 18, 1999June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2189, section 43.
49-457Agricultural best management practices committee; members; powers; permits; enforcement; preemption; definitionsMay 29, 1998June 29, 1999, 64 FR 34726Submitted on September 4, 1998.
49-457.01Leaf blower use restrictions and training; leaf blowers equipment sellers; informational material; outreach; applicabilitySeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2005 mail volume, 2012 cumulative pocket part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-457.03, excluding paragraphs C and DOff-road vehicles; pollution advisory days; applicability; penaltiesSeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012 Cumulative Pocket Part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-457.04Off-highway vehicle and all-terrain vehicle dealers; informational material; outreach; applicabilitySeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012 Cumulative Pocket Part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-457.05, excluding paragraph C and paragraphs E, F, G, and HDust action general permit; best management practices; applicability; definitionsJuly 20, 2011March 31, 2014, 79 FR 17879Arizona Revised Statutes (West, 2012 Cumulative Pocket Part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
Article 3 (County Air Pollution Control)
49-474.01Additional board duties in nonattainment areasMay 22, 1987August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 23, 1988. Senate Bill 1360, section 18.†
49-474.01, excluding paragraphs A.1 through A.3, A.9, A.10; paragraphs C through G, and paragraph IAdditional board duties in vehicle emissions control areas; definitionsSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2005 mail volume, 2012 cumulative pocket part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-474.05Dust control; training; site coordinatorsSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2005 mail volume, 2012 cumulative pocket part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-474.06Dust control; subcontractor registration; feeSeptember 19, 2007December 3, 2013, 78 FR 72579Arizona Revised Statutes (Thomson/West, 2005 mail volume, 2012 cumulative pocket part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-501, excluding paragraph A.1, paragraphs B.2 through B.6, and paragraphs D, E, G, and HUnlawful open burning; exceptions; civil penalty; definitionSeptember 19, 2007March 31, 2014, 79 FR 17878Arizona Revised Statutes (West, 2012 Cumulative Pocket Part). Submitted on May 25, 2012. ADEQ clarified and revised the May 25, 2012 submittal by letter dated September 26, 2013.
49-506Voluntary No-drive DaysJune 28, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 17.†
Article 5 (Annual Emissions Inspection of Motor Vehicles)
49-541DefinitionsMay 18, 1999June 8, 2000, 65 FR 36353 and also January 22, 2003, 68 FR 2912Submitted on September 1, 1999. House Bill 2189, 44th Legislature, 1st Regular Session (1999), section 44. Approved in rulemakings related to the Tucson carbon monoxide plan and Arizona VEI Program.
49-541, subsection (1)Definitions [“Area A”]August 9, 2001May 22, 2013, 78 FR 30209Submitted on May 25, 2012. Arizona Revised Statutes (West Group, 2001 Cumulative Pocket Part). Supported by an affidavit signed by Barbara Howe, Law Reference Librarian, Arizona State Library, Archives and Public Records on May 3, 2012, certifying authenticity of reproduction of A.R.S. §49-451 (sic)(corrected to §49-541 (2001 pocket part).
49-541.01, paragraphs D and EVehicle emissions inspection program; constant four wheel drive vehicles; requirements; location; violation; classification; penalties; new program terminationMay 18, 1999March 9, 2005, 70 FR 11553Submitted on April 18, 2001 as part of the Revised MAG 1999 Serious Area Carbon Monoxide Plan for the Maricopa County Nonattainment Area, dated March 2001. Submitted as section 2 of H.B. 2254 (1999).
49-542Emissions inspection program; powers and duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definitionJune 21, 2013May 22, 2013, 78 FR 30209Submitted on November 6, 2009. Arizona Revised Statutes (Thomson West, 2008 Cumulative Pocket Part). Supported by an affidavit signed by Efrem K. Sepulveda, Law Librarian, Arizona State Library, Archives and Public Records on January 11, 2013, certifying authenticity of reproduction of A.R.S. §49-542 (2008 edition) plus title page to pocket part of Title 49 (2008 edition).
49-542.05Alternative fuel vehiclesDecember 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001. Senate Bill 1004, 44th Legislature, 7th Special Session (2000), section 23. Related to VEI Program.
49-543Emissions inspection costs; disposition; fleet inspection; certificatesMay 7, 2001January 22, 2003, 68 FR 2912Submitted on April 10, 2002. House Bill 2538, 45th Legislature, 1st Regular Session (2001), section 11. Related to VEI Program.
49-544Emissions inspection fund; composition; authorized expenditures; exemptions; investmentMay 20, 1998January 22, 2003, 68 FR 2912Submitted on July 6, 2001. Senate Bill 1007, 43rd Legislature, 4th Special Session (1998), section 15. Related to VEI Program.
49-545Agreement with independent contractor; qualifications of contractor; agreement provisionsApril 28, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001. House Bill 2104, 44th Legislature, 2nd Regular session (2000), section 5. Related to VEI Program.
49-550Violation; Classification; Civil PenaltyJune 28, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 19.†
49-551Air quality fee; air quality fund; purposeMay 29, 1998January 22, 2003, 68 FR 2912Submitted on July 6, 2001. Senate Bill 1427, 43rd Legislature, 2nd Regular Session (1998), section 27. Related to VEI Program.
49-552Enforcement on city, town, county, school district or special district propertyJune 1, 1998March 9, 2005, 70 FR 11553Submitted on April 18, 2001 as part of the Revised MAG 1999 Serious Area Carbon Monoxide Plan for the Maricopa County Nonattainment Area, dated March 2001. Submitted as amended in section 28 of S.B. 1427 (1998).
49-553Reports to the Legislature by Department of Environmental QualityJune 28, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 21.†
49-557Government vehicles; emissions inspections; noncompliance; vehicle operation privilege suspensionJanuary 1, 2002June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2254, section 5. Effective date set in section 8 of House Bill 2254.
Article 7 (Emissions Control)
49-571Clean burning alternative fuel requirements for new buses; definitionMay 18, 1999June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2189, section 46.
49-573Emissions controls; federal vehicles; definitionJanuary 1, 2002June 8, 2000, 65 FR 36353Submitted on September 1, 1999. House Bill 2254, section 6. Effective date set in section 8 of House Bill 2254.
Article 8 (Travel Reduction Programs)
49-581DefinitionsDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. House Bill section 25 lowered the threshold defining “major employer” from 500 or more employers between December 31, 1988-September 30, 1989, to 200 or more from September 30, 1989-December 31, 1989, to 100 or more thereafter. Delayed effective date per section 29 of HB 2206.†
49-582Travel Reduction Program Regional Task Force; CompositionDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-583Duties and Powers of the Task ForceDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-584Staff DutiesDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-585Powers and Duties of the BoardDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-586Enforcement by Cities or TownsDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-588Requirements for Major EmployersDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†
49-590Requirements for High SchoolsDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23.†
49-593Violations; Civil PenaltiesDecember 31, 1988August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on July 18, 1988. House Bill 2206, section 23. Delayed effective date per section 29 of HB 2206.†

1The statutory provisions listed in table 1 of paragraph (c) are considered regulatory. Other statutory provisions are considered nonregulatory and are listed in table 3 of paragraph (e).

†Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored on January 29, 1991, 56 FR 3219.

Table 2—EPA-Approved Arizona Regulations

State citationTitle/subjectState effective dateEPA approval dateAdditional explanation
ARIZONA ADMINISTRATIVE CODE
Title 9 (Health Services)
Chapter 3
Article 1
R9-3-101Definitions [“Begin actual construction”]May 28, 1982May 3, 1983, 48 FR 19878Included 36 defined terms. All but one (“Begin actual construction”) have been superseded by subsequent approvals of R18-2-101, R18-2-217, R18-2-218, R18-2-301, R18-2-401, and R18-2-701. Submitted on June 3, 1982.
7-1-1.1 (R9-3-101)Policy and Legal AuthorityAugust 20, 1973July 31, 1978, 43 FR 33245Submitted on August 20, 1973.
7-1-1.3 (R9-3-103, excluding paragraph E)Air Pollution ProhibitedAugust 20, 1973July 31, 1978, 43 FR 33245Submitted on August 20, 1973. EPA disapproved Paragraph E—see 40 CFR 52.133(b).
7-1-1.5 (R9-3-105)EnforcementAugust 20, 1973July 31, 1978, 43 FR 33245Submitted on August 20, 1973.
Article 2
R9-3-217, paragraph AAttainment Areas; Classification and StandardsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979. Paragraph B was deleted at 80 FR 67319 (November 2, 2015).
Article 4
7-1-4.5 (R9-3-405)Sulfur Emissions: Other IndustriesAugust 20, 1973July 31, 1978, 43 FR 33245Submitted on August 20, 1973.
R9-3-409Agricultural PracticesMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
Article 5
R9-3-505, paragraphs B to B.1, B.2, B.3 and B.4Standards of Performance for Existing Portland Cement PlantsMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-505, paragraphs B.1.a and B.2.aStandards of Performance for Existing Portland Cement PlantsJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on July 17, 1980.
R9-3-505, paragraphs A, B.1.b, B.2.b, and B.3 to DStandards of Performance for Existing Portland Cement PlantsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
R9-3-508, paragraphs B to B.1, B.2, and B.5Standards of Performance for Existing Asphalt Concrete PlantsMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-508, paragraphs B.1 to B.6Standards of Performance for Existing Asphalt Concrete PlantsJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980.
R9-3-508, paragraphs A and CStandards of Performance for Existing Asphalt Concrete PlantsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
R9-3-516, paragraphs A to A.1 and A.2Standards of Performance for Existing Coal Preparation PlantsMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-516, paragraphs A.1 to A.6Standards of Performance for Existing Coal Preparation PlantsJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980.
R9-3-516, paragraph BStandards of Performance for Existing Coal Preparation PlantsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
R9-3-521, paragraphs A to A.1 and A.2Standards of Performance for Existing Nonferrous Metals Industry SourcesMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-521, paragraphs A.1 to A.5Standards of Performance for Existing Nonferrous Metals Industry SourcesJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980.
R9-3-521, paragraphs B to DStandards of Performance for Existing Nonferrous Metals Industry SourcesMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
R9-3-522, paragraphs A to A.1 and A.2Standards of Performance for Existing Gravel or Crushed Stone Processing PlantsMay 28, 1982September 28, 1982, 47 FR 42572Submitted on June 3, 1982.
R9-3-522, paragraphs A.1 to A.5, B, and CStandards of Performance for Existing Gravel or Crushed Stone Processing PlantsMay 14, 1979April 23, 1982, 47 FR 17483Submitted on January 4, 1979.
Title 18 (Environmental Quality)
Chapter 2 (Department of Environmental Quality Air Pollution Control)
Article 1 (General)
R18-2-101 (except 20)DefinitionsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-102Incorporated materialsAugust 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
Article 2 (Ambient Air Quality Standards; Area Designations; Classifications)
R18-2-201Particulate Matter: PM10 and PM2.5March 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-202Sulfur Oxides (Sulfur Dioxide)August 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-203OzoneMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-204Carbon monoxideSeptember 26, 1990September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-205Nitrogen Oxides (Nitrogen Dioxide)August 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-206LeadAugust 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-210Attainment, Nonattainment, and Unclassifiable Area DesignationsJuly 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-215Ambient air quality monitoring methods and proceduresSeptember 26, 1990September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-216Interpretation of Ambient Air Quality Standards and Evaluation of Air Quality DataMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-217Designation and Classification of Attainment AreasMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-218Limitation of Pollutants in Classified Attainment AreasMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-220Air pollution emergency episodes, Department of Environmental Quality-Air Pollution ControlSeptember 26, 1990October 15, 2012, 77 FR 62452Submitted on August 15, 1994.
Article 3 (Permits and Permit Revisions)
R18-2-301DefinitionsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-302Applicability; Registration; Classes of PermitsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-302.01Source Registration RequirementsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-303Transition from Installation and Operating Permit Program to Unitary Permit Program; Registration Transition; Minor NSR TransitionAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-304Permit Application Processing ProceduresAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-306Permit ContentsDecember 20, 1999November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-306.01Permits Containing Voluntarily Accepted Emission Limitations and StandardsJanuary 1, 2007November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-306.02Establishment of an Emissions CapSeptember 22, 1999November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-310Affirmative Defenses for Excess Emissions Due to Malfunctions, Startup, and ShutdownFebruary 15, 2001September 18, 2001, 66 FR 48087Submitted on March 26, 2001.
R18-2-310.01Reporting RequirementsFebruary 15, 2001September 18, 2001, 66 FR 48087Submitted on March 26, 2001.
R18-2-311Test Methods and ProceduresNovember 15, 1993November 2, 2015, 80 FR 67319Submitted on July 28, 2011.
R18-2-312Performance TestsNovember 15, 1993November 2, 2015, 80 FR 67319Submitted on July 28, 2011.
R18-2-313Existing Source Emission MonitoringFebruary 15, 2001November 5, 2012, 77 FR 66405Submitted on August 24, 2012.
R18-2-315Posting of PermitNovember 15, 1993November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-316Notice by Building Permit AgenciesMay 14, 1979November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-319Minor Permit RevisionsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-320Significant Permit RevisionsAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-321Permit Reopenings; Revocation and Reissuance; TerminationAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-323Permit TransfersFebruary 3, 2007November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-327Annual Emissions inventory QuestionnaireDecember 7, 1995November 5, 2012, 77 FR 66405Submitted on August 24, 2012.
R18-2-330Public ParticipationMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-332Stack Height LimitationMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-334Minor New Source ReviewAugust 7, 2012November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
Article 4 (Permit Requirements for New Major Sources and Major Modifications to Existing Major Sources)
R18-2-401DefinitionsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-402GeneralMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-403Permits for Sources Located in Nonattainment AreasR18-2-40383 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-404Offset StandardsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-405Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or SevereMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-406Permit Requirements for Sources Located in Attainment and Unclassifiable AreasMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-407Air Quality Impact Analysis and Monitoring RequirementsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-408Innovative Control TechnologyMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-409Air Quality ModelsNovember 15, 1993November 2, 2015, 80 FR 67319Submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014.
R18-2-410Visibility and Air Quality Related Value ProtectionMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-411Permit Requirements for Sources that Locate in Attainment or Unclassifiable Areas and Cause or Contribute to a Violation of Any National Ambient Air Quality StandardMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
R18-2-412PALsMarch 21, 201783 FR 19631, May 4, 2018Submitted on April 28, 2017.
Article 6 (Emissions from Existing and New Nonpoint Sources)
R18-2-601GeneralNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-602Unlawful Open BurningMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-604Open Areas, Dry Washes or RiverbedsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-605Roadways and StreetsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-606Material HandlingNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-607Storage PilesNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-608Mineral TailingsMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-610[Definitions for R18-2-611]May 12, 2000October 11, 2001, 66 FR 51869Submitted on July 11, 2000.
R18-2-610Definitions for R18-2-610.01, R18-2-610.02, and R18-2-610.03July 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-610.03Agricultural PM General Permit for Crop Operations; Pinal County PM Nonattainment AreaJuly 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-611Agricultural PM10 General Permit; Maricopa PM10 Nonattainment AreaMay 12, 2000October 11, 2001, 66 FR 51869Submitted on July 11, 2000.
R18-2-612Definitions for R18-2-612.01July 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-612.01Agricultural PM General Permit for Irrigation Districts; PM Nonattainment Areas Designated After June 1, 2009July 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
R18-2-614Evaluation of nonpoint source emissionsAugust 7, 2012September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
Article 7 (Existing Stationary Source Performance Standards)
R18-2-701DefinitionsAugust 7, 2012September 23, 2014, 79 FR 56655Submitted on October 29, 2012, and supplemented on September 6, 2013. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-702General ProvisionsFebruary 3, 2004August 24, 2004, 69 FR 51952Establishes opacity standards. Submitted on January 16, 2004.
R18-2-703Standards of Performance for Existing Fossil-Fuel Fired Steam Generators and General Fuel Burning EquipmentMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-704Standards of Performance for IncinerationAugust 4, 2007September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-706Standards of Performance for Existing Nitric Acid PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-707Standards of Performance for Existing Sulfuric Acid PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-710Standards of Performance for Existing Vessels for Petroleum LiquidsNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-714Standards of Performance for Existing Sewage Treatment PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-715, sections F, G, and HStandards of Performance for Existing Primary Copper Smelters: Site-Specific RequirementsMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-715.01Standards of Performance for Existing Primary Copper Smelters, Compliance and MonitoringJuly 18, 2002November 1, 2004, 69 FR 63321Submitted on September 12, 2003.
R18-2-715.02Standards of Performance for Existing Primary Copper Smelters; Fugitive Emissions5/7/201711/14/2018, 83 FR 56736Submitted by the Governor's designee on April 6, 2017.
R18-2-719Standards of Performance for Existing Stationary Rotating MachineryMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-720Standards of Performance for Existing Lime Manufacturing PlantsMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-723Standards of Performance for Existing Concrete Batch PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-724Standards of Performance for Existing Fossil-Fuel Fired Industrial and Commercial EquipmentMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-725Standards of Performance for Existing Dry Cleaning PlantsNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-726Sandblasting OperationsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-727Standards of Performance for Spray Painting OperationsNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-728Standards of Performance for Existing Ammonium Sulfide Manufacturing PlantsNovember 15, 1993September 23, 2014, 79 FR 56655Submitted on July 15, 1998, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 12-2, June 30, 2012.
R18-2-729Standards of Performance for Cotton GinsAugust 4, 2007September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-730Standards of Performance for Unclassified SourcesMarch 7, 2009September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-1, March 31, 2009.
R18-2-732Standards of Performance for Existing Hospital/Medical/Infectious Waste IncineratorsAugust 4, 2007September 23, 2014, 79 FR 56655Submitted on July 28, 2011, and supplemented on May 16, 2014. AAC, title 18, chapter 2, supp. 09-2, June 30, 2009.
Article 8 (Emissions from Mobile Sources (New and Existing))
R18-2-801Classification of Mobile SourcesNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-802Off-Road MachineryNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-803Heater-Planer UnitsNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-804Roadway and Site Cleaning MachineryNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
R18-2-805Asphalt and Tar KettlesNovember 15, 1993March 24, 2003, 68 FR 14151Submitted on July 15, 1998.
Article 10 (Motor Vehicles; Inspections and Maintenance)
R18-2-1001DefinitionsDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1003Vehicles to be Inspected by the Mandatory Vehicle Emissions Inspection ProgramJune 28, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1005Time of InspectionDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1006Emissions Test ProceduresJanuary 1, 2002January 22, 2003, 68 FR 2912Submitted on April 10, 2002.
R18-2-1007Evidence of Meeting State Inspection RequirementsDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1008Procedure for Issuing Certificates of WaiverDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1009Tampering Repair RequirementsDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1010Low Emissions Tune-up, Emissions and Evaporative System RepairDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1011Vehicle Inspection ReportDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1012Inspection Procedures and FeeDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1013ReinspectionsDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1016Licensing of InspectorsJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1017Inspection of Government VehiclesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1018Certificate of InspectionJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1019Fleet Station Procedures and PermitsJanuary 1, 2002January 22, 2003, 68 FR 2912Submitted on April 10, 2002.
R18-2-1022Procedure for Waiving Inspections Due to Technical DifficultiesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1023Certificate of Exemption for Out-of-State VehiclesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1025Inspection of Contractor's Equipment and PersonnelJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1026Inspection of Fleet StationsJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1027Registration and Inspection of Emission Analyzers and Opacity MetersJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1028Certification of Users of Registered Analyzers and Analyzer Repair PersonsJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1029Vehicle Emission Control DevicesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1030Visible Emissions; Mobile SourcesJanuary 14, 2000January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
R18-2-1031Standards for Evaluating the Oxidation Efficiency of a Catalytic ConverterDecember 20, 1999January 22, 2003, 68 FR 2912Submitted on July 6, 2001.
Table 1Dynamometer Loading Table—Annual TestsNovember 14, 1994January 22, 2003, 68 FR 2912Table 1 is cited in R18-2-1006. Submitted on July 6, 2001.
Table 2Emissions Standards—Annual Tests, Maximum AllowableJune 21, 1995January 22, 2003, 68 FR 2912Table 2 is cited in R18-2-1006 and R18-2-1019. Submitted on July 6, 2001.
Table 3Emissions Standards—Biennial TestsDecember 20, 1999January 22, 2003, 68 FR 2912Table 3 is cited in R18-2-1006. Submitted on July 6, 2001.
Table 4Transient Driving CycleDecember 20, 1999January 22, 2003, 68 FR 2912Table 4 is cited in R18-2-1006 and R18-2-1016. Submitted on July 6, 2001.
Table 5TolerancesNovember 14, 1994January 22, 2003, 68 FR 2912Table 5 is cited in R18-2-1006. Submitted on July 6, 2001.
Table 6Emissions Standards—Remote Sensing IdentificationDecember 20, 1999January 22, 2003, 68 FR 2912Table 6 is cited in the VEI regulations. Submitted on July 6, 2001.
Article 13 (State Implementation Plan Rules For Specific Locations)
R18-2-B1301Limits on Lead Emissions from the Hayden Smelter7/1/201811/14/2018, 83 FR 56736Submitted by the Governor's designee on April 6, 2017.
R18-2-B1301.01Limits on Lead-Bearing Fugitive Dust from the Hayden SmelterDecember 1, 2018February 22, 2018, 83 FR 7614Submitted on April 6, 2017.
R18-2-C1302, excluding subsection (E)(6)Limits on SO2 Emissions from the Miami Smelter12/14/201811/14/2018, 83 FR 56736Submitted by the Governor's designee on April 6, 2017. Subsection (E)(6) was withdrawn by the Arizona Department of Environmental Quality.
Appendix 14Procedures for Sulfur Dioxide and Lead Fugitive Emissions Studies for the Hayden Smelter5/7/201711/14/2018, 83 FR 56736Submitted by the Governor's designee on April 6, 2017.
Appendix 15Test Methods for Determining Opacity and Stabilization of Unpaved RoadsMay 7, 2017February 22, 2018, 83 FR 7614Submitted on April 6, 2017.
Article 14 (Conformity Determinations)
R18-2-1438General Conformity for Federal ActionsJanuary 31, 1995April 23, 1999, 64 FR 19916Submitted on March 3, 1995.
Article 15 (Forest and Range Management Burns)
R18-2-1501DefinitionsMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1502ApplicabilityMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1503Annual RegistrationMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1504Prescribed Burn PlanMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1505Prescribed Burn Requests and AuthorizationMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1506Smoke Dispersion and EvaluationMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1507Prescribed Burn Accomplishment; Wildlife ReportingMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1508Wildland Fire Use: Plan, Authorization, Monitoring; Inter-Agency Consultation; Status ReportingMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1509Emission Reduction TechniquesMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1510Smoke Management TechniquesMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1511MonitoringMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1512Burner QualificationsMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
R18-2-1513Public Notification Program; Regional CoordinationMarch 16, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.
Appendices to Title 18 (Environmental Quality), Chapter 2 (Department of Environmental Quality Air Pollution Control)
Appendix 1Filing Instructions for Installation Permit ApplicationJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980. Appendix 1 in its entirety was approved at 47 FR 17483 (April 23, 1982). Certain subsections of appendix 1 were superseded by approval of revisions at 48 FR 19878 (May 3, 1983) and at 49 FR 41026 (October 19, 1984. The latter rule was corrected 69 FR 2509 (January 16, 2004).
Appendix 1, subsections A1.4, A1.4.1, A1.4.3 (added), A1.4.3 (renumbered only), A1.5, A1.6.1 (deleted), A1.6.2 and A1.6.3 (renumbered only), A1.6.4 and A1.6.5 (deleted), A1.6.6 (renumbered only), A1.6.6.1, A1.6.6.2 and A1.6.6.3 (renumbered only), A1.6.6.4 (deleted), A1.6.6.5 (renumbered only) A1.6.6.6, A1.6.6.7 (Renumbered), A1.6.7.1, A1.6.7.2, A1.6.7.3 and Form ADHS/EHS Air Quality 100A (rev 12-80)Filing Instructions for Installation Permit ApplicationMay 28, 1982May 3, 1983, 48 FR 19878Relates to State PSD regulations. Submitted on June 3, 1982.
Appendix 1, subsections A1.5.6, and A1.9 (added)Filing Instructions for Installation Permit ApplicationSeptember 22, 1983October 19, 1984, 49 FR 41026; corrected on January 16, 2004, 69 FR 2509Submitted on February 3, 1984.
Appendix 2Test Methods and ProtocolsJuly 2, 2015May 1, 2017, 82 FR 20267Submitted on December 21, 2015.
Appendix 2Filing Instructions for Operating Permit ApplicationJuly 25, 1979April 23, 1982, 47 FR 17483Submitted on April 1, 1980. Appendix 2 in its entirety was approved at 47 FR 17483 (April 23, 1982). Certain subsections of appendix 2 were superseded by approval of revisions at 48 FR 19878 (May 3, 1983).
Appendix 2, subsections A2.2.5, A2.3, A2.3.8Filing Instructions for Operating Permit ApplicationMay 28, 1982May 3, 1983, 48 FR 19878Relates to State PSD regulations. Submitted on June 3, 1982.
Appendix 8Procedures for Utilizing the Sulfur Balance Method for Determining Sulfur EmissionsJuly 18, 2005April 12, 2006, 71 FR 18624Cited in Arizona Administrative Code rule R18-2-715.01. Submitted on March 1, 2006.
Materials Incorporated By Reference in Title 18 (Environmental Quality)
Chapter 2 (Department of Environmental Quality Air Pollution Control)
[Incorporated by reference through R18-2-102]Arizona Testing Manual for Air Pollutant Emissions, Revision F, excluding sections 2 through 7March 1992September 23, 2014, 79 FR 56655Approval includes section 1 only. Submitted on July 28, 2011, and supplemented on May 16, 2014. Relates to various provisions in Arizona Administrative Code, title 18, chapter 2, articles 4, 6, and 7.
[Incorporated by reference through R18-2-220]Procedures for Prevention of Emergency Episodes1988 EditionOctober 15, 2012, 77 FR 62452Submitted on August 15, 1994.
Title 20 (Commerce, Financial Institutions, and Insurance)
Chapter 2 (Department of Weights and Measures)
Article 1 (Administration and Procedures)
R20-2-101DefinitionsJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
Article 7 (Motor Fuels and Petroleum Products)
R20-2-701DefinitionsFebruary 9, 2001March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-716Sampling and Access to RecordsOctober 18, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-750Registration Relating to Arizona CBG or AZR-BOBSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-751Arizona CBG RequirementsFebruary 9, 2001March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-752General Requirements for Registered SuppliersSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-753General Requirements for Pipelines and 3rd-party TerminalsSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-754Downstream Blending Exceptions for TransmixSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-755Additional Requirements for AZRBOB and Downstream Oxygenate BlendingSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-756Downstream Blending of Arizona CBG with Nonoxygenate BlendstocksSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-757Product Transfer Documentation; Records; RetentionSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-758Adoption of Fuel Certification ModelsSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-759Testing MethodologiesFebruary 9, 2001March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-760Compliance SurveysFebruary 9, 2001March 4, 2004, 69 FR 10161.Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-761Liability for Noncompliant Arizona CBG or AZRBOBSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
R20-2-762PenaltiesSeptember 22, 1999March 4, 2004, 69 FR 10161Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
Table 1Type 1 Gasoline StandardsFebruary 9, 2001March 4, 2004, 69 FR 10161Table 1 is cited in R20-2-751 (“Arizona CBG Requirements”). Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
Table 2Type 2 Gasoline StandardsFebruary 9, 2001March 4, 2004, 69 FR 10161Table 2 is cited in R20-2-751 (“Arizona CBG Requirements”). Submitted on August 15, 2001. Relates to the Arizona Cleaner Burning Gasoline (CBG) program.
Article 9 (Gasoline Vapor Control)
R20-2-901Material Incorporated by ReferenceJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-902ExemptionsJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-903Equipment and InstallationJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-904Application Requirements and Process for Authority to Construct Plan ApprovalJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-905Initial Inspection and TestingJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-907OperationOctober 8, 1998June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-908Training and Public EducationOctober 8, 1998June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-909Recordkeeping and ReportingOctober 8, 1998June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-910Annual Inspection and TestingJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-911Compliance InspectionsJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.
R20-2-912EnforcementJune 5, 2004June 13, 2012, 77 FR 35279Submitted on September 21, 2009.

Table 3—EPA-Approved Arizona General Permits

TitleState effective dateEPA approval dateAdditional explanation
Dust Action General Permit, including the general permit itself, and attachments A, B, and CDecember 30, 2011March 31, 2014, 79 FR 17881Issued by Arizona Department of Environmental Quality pursuant to ARS 49-457.05. Applies to certain types of dust sources in a county with a population of two million or more persons or any portion of a county within an area designated by EPA as a serious PM-10 nonattainment area or a maintenance area that was designated as a serious PM-10 nonattainment area. Submitted on May 25, 2012.

Table 4—EPA-Approved Maricopa County Air Pollution Control Regulations

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Pre-July 1988 Rule Codification
Regulation I—General Provisions
Rule 2, No. 11 “Alteration or Modification”DefinitionsJune 23, 1980June 18, 1982, 47 FR 26382Submitted on March 8, 1982.
Revised on April 5, 2019, to remove the definition for No. 33 “Existing Source” which was superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 27 “Dust”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 29 “Emission”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 34 “Existing Source Performance Standards”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 37 “Fly Ash”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 39 “Fuel”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 42 “Fume”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 55 “Motor Vehicle”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 59 “Non-Point Source”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 60 “Odors”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 64 “Organic Solvent”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 70 “Plume”,DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 80 “Smoke”,DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 2, No. 91 “Vapor”DefinitionsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Revised on April 5, 2019. Removed 71 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Regulation II—Permits
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 52 “Dust”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 56 “Emission”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 63 “Existing Source Performance Standards”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 70 “Fuel”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 71 “Fuel Burning Equipment”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 74 “Fume”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 103 “Motor Vehicle”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 114 “Non-Point Source”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 122 “Photochemically Reactive Solvent”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 123 “Plume”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 128 “Process”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 129 “Process Source”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 150 “Smoke”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 152 “Soot”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 160 “Supplementary Control System (SCS)”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 166 “Vapor”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 167 “Vapor Pressure”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 21, Section D.1 (AZ R9-3-101, Paragraph 168 “Visible Emissions”)Procedures for obtaining an installation permitOctober 25, 1982August 10, 1988, 53 FR 30224; vacated; restored on January 29, 1991, 56 FR 3219Submitted on March 4, 1983.†
Revised on April 5, 2019. Removed 152 defined terms which were superseded by Rule 100 submitted on May 18, 2016.
Rule 22 (paragraphs A, C, D, F, G, and H)Permit Denial-Action-Transfer-Expiration-Posting-Revocation-ComplianceAugust 12, 1971July 27, 1972, 37 FR 15080Paragraphs B and E have been superseded.
Rule 27Performance testsJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980.
Rule 28Permit FeesMarch 8, 1982June 18, 1982, 47 FR 26382Submitted on March 8, 1982.
Regulation III—Control of Air Contaminants
Rule 32, Paragraph GOther IndustriesOctober 1, 1975April 12, 1982, 47 FR 15579Paragraph G of Rule 32 (“Odors and Gaseous Emissions”) is titled “Other Industries.” Submitted on June 23, 1980.
Rule 32, Paragraph HFuel Burning Equipment for Producing Electric Power (Sulfur Dioxide)October 1, 1975April 12, 1982, 47 FR 15579Paragraph H of Rule 32 (“Odors and Gaseous Emissions”) is titled “Fuel Burning Equipment for Producing Electric Power (Sulfur Dioxide).” Submitted on June 23, 1980.
Rule 32, Paragraph JOperating Requirements for an Asphalt KettleJune 23, 1980April 12, 1982, 47 FR 15579Paragraph J of Rule 32 (“Odors and Gaseous Emissions”) is titled “Operating Requirements for an Asphalt Kettle.” Submitted on June 23, 1980.
Rule 32, Paragraph KEmissions of Carbon MonoxideJune 23, 1980April 12, 1982, 47 FR 15579Paragraph K of Rule 32 (“Odors and Gaseous Emissions”) is titled “Emissions of Carbon Monoxide.” Submitted on June 23, 1980.
Rule 32 (Paragraphs A through F only)Odors and Gaseous EmissionsAugust 12, 1971July 27, 1972, 37 FR 15080Paragraph G was superseded by approval of paragraph J of amended Rule 32. Submitted on May 26, 1972.
Rule 35IncineratorsAugust 12, 1971July 27, 1972, 37 FR 15080Superseded by approval of Maricopa Rule 313 published on September 25, 2014, except for Hospital/Medical/Infectious Waste Incinerators. Submitted on May 26, 1972.
Regulation IV—Production of Records; Monitoring; Testing and Sampling Facilities
Rule 41, paragraph AMonitoringAugust 12, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 41, paragraph BMonitoringOctober 2, 1978April 12, 1982, 47 FR 15579Submitted on January 18, 1979.
Rule 42Testing and SamplingAugust 12, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Regulation VII—Emergency Procedures
Rule 74, paragraph CPublic NotificationJune 23, 1980April 12, 1982, 47 FR 15579Submitted on June 23, 1980. Paragraphs A, B, and D superseded by approval of Rule 510 published on November 9, 2009.
Regulation VIII—Validity and Operation
Rule 81OperationAugust 12, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Post-July 1988 Rule Codification
Regulation I—General Provisions
Rule 100 (except Sections 200.24, 200.73, 200.104(c))General Provisions and DefinitionsFebruary 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 140Excess EmissionsRevised September 5, 2001August 27, 2002, 67 FR 54957Submitted on February 22, 2002.
Regulation II—Permits and Fees
Rule 200Permit RequirementsFebruary 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 210Title V Permit ProvisionsFebruary 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 220Non-Title V Permit ProvisionsFebruary 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 240 (except Section 305)Federal Major New Source Review (NSR)February 3, 2016April 5, 2019, (84 FR 13543)Submitted on May 18, 2016.
Rule 241Minor New Source Review (NSR)February 3, 2016April 5, 2019, (84 FR 13543)Submitted on November 25, 2016.
Rule 242Emissions Offsets Generated by the Voluntary Paving of Unpaved RoadsJune 20, 2007August 6, 2007, 72 FR 43538Submitted on July 5, 2007.
Regulation III—Control of Air Contaminants
Rule 300Visible EmissionsMarch 12, 2008July 28, 2010, 75 FR 44141Submitted on July 10, 2008.
Rule 310Fugitive Dust From Dust-Generating OperationsJanuary 27, 2010December 15, 2010, 75 FR 78167Submitted on April 12, 2010. Cites appendices C and F, which are listed separately in this table.
Rule 310.01Fugitive Dust From Non-Traditional Sources of Fugitive DustJanuary 27, 2010December 15, 2010, 75 FR 78167Submitted on April 12, 2010. Cites appendix C, which is listed separately in this table.
Rule 311Particulate matter from process industriesAugust 2, 1993April 10, 1995, 60 FR 18010. Vacated by Ober decision. Restored August 4, 1997, 62 FR 41856Submitted on March 3, 1994.
Rule 312Abrasive BlastingJuly 13, 1988January 4, 2001, 66 FR 730Submitted on January 4, 1990.
Rule 313Incinerators, Burn-Off Ovens and CrematoriesMay 9, 2012September 25, 2014, 79 FR 57445Submitted on August 27, 2012.
Rule 314Open Outdoor Fires and Indoor Fireplaces at Commercial and Institutional EstablishmentsMarch 12, 2008November 9, 2009, 74 FR 57612Submitted on July 10, 2008.
Rule 316Nonmetallic Mineral ProcessingMarch 12, 2008November 13, 2009, 74 FR 58553Submitted on July 10, 2008.
Rule 318Approval of Residential Woodburning DevicesApril 21, 1999November 8, 1999, 64 FR 60678Submitted on August 4, 1999.
Rule 322Power Plant OperationsOctober 17, 2007October 14, 2009, 74 FR 52693Submitted on January 9, 2008.
Rule 323Fuel Burning Equipment from Industrial/Commercial/Institutional (ICI) SourcesOctober 17, 2007October 14, 2009, 74 FR 52693Submitted on January 9, 2008.
Rule 324Stationary Internal Combustion (IC) EnginesOctober 17, 2007October 14, 2009, 74 FR 52693Submitted on January 9, 2008.
Rule 325Brick and Structural Clay Products (BSCP) ManufacturingAugust 10, 2005August 21, 2007, 72 FR 46564Element of the Revised PM-10 State Implementation Plan for the Salt River Area, September 2005. Submitted on October 7, 2005.
Rule 331Solvent CleaningApril 21, 2004December 21, 2004, 69 FR 76417Submitted on July 28, 2004.
Rule 333Petroleum Solvent Dry CleaningJune 19, 1996February 9, 1998, 63 FR 6489Submitted on February 26, 1997.
Rule 334Rubber Sports Ball ManufacturingJune 19, 1996February 9, 1998, 63 FR 6489Submitted on February 26, 1997.
Rule 335Architectural CoatingsJuly 13, 1988January 6, 1992, 57 FR 354Submitted on January 4, 1990.
Rule 336Surface Coating OperationsApril 7, 1999September 20, 1999, 64 FR 50759Submitted on August 4, 1999.
Rule 337Graphic ArtsNovember 20, 1996February 9, 1998, 63 FR 6489Submitted on March 4, 1997.
Rule 338Semiconductor ManufacturingJune 19, 1996February 9, 1998, 63 FR 6489Submitted on February 26, 1997.
Rule 339Vegetable Oil Extract ProcessesNovember 16, 1992February 9, 1998, 63 FR 6489Submitted on February 4, 1993.
Rule 340Cutback and Emulsified AsphaltSeptember 21, 1992February 1, 1996, 61 FR 3578Submitted on November 13, 1992.
Rule 341Metal CastingAugust 5, 1994February 12, 1996, 61 FR 5287Submitted on August 16, 1994.
Rule 342Coating Wood Furniture and FixturesNovember 20, 1996February 9, 1998, 63 FR 6489Submitted on March 4, 1997.
Rule 343Commercial Bread BakeriesFebruary 15, 1995March 17, 1997, 62 FR 12544Submitted on August 31, 1995.
Rule 344Automobile Windshield Washer FluidApril 7, 1999November 30, 2001, 66 FR 59699Submitted on August 4, 1999.
Rule 346Coating Wood MillworkNovember 20, 1996February 9, 1998, 63 FR 6489Submitted on March 4, 1997.
Rule 347Ferrous Sand CastingMarch 4, 1998June 12, 2000, 65 FR 36788Submitted on August 4, 1999.
Rule 348Aerospace Manufacturing and Rework OperationsApril 7, 1999September 20, 1999, 64 FR 50759Submitted on August 4, 1999.
Rule 349Pharmaceutical, Cosmetic, and Vitamin Manufacturing OperationsApril 7, 1999June 8, 2001, 66 FR 30815Submitted on August 4, 1999.
Rule 350Storage of Organic Liquids at Bulk Plants and TerminalsApril 6, 1992September 5, 1995, 60 FR 46024Submitted on June 29, 1992.
Rule 351Loading of Organic LiquidsFebruary 15, 1995February 9, 1998, 63 FR 6489Submitted on August 31, 1995.
Rule 352Gasoline Delivery VesselsNovember 16, 1992September 5, 1995, 60 FR 46024Submitted on February 4, 1993.
Rule 353Transfer of Gasoline into Stationary Dispensing TanksApril 6, 1992February 1, 1996, 61 FR 3578Submitted on June 29, 1992.
Rule 358Polystyrene Foam OperationsApril 20, 2005May 26, 2005, 70 FR 30370Submitted on April 25, 2005.
Regulation V—Air Quality Standards and Area Classification
Rule 510, excluding Appendix G to the Maricopa County Air Pollution Control RegulationsAir Quality StandardsNovember 1, 2006November 9, 2009, 74 FR 57612Submitted on June 7, 2007.
Regulation VI—Emergency Episodes
Rule 600Emergency EpisodesJuly 13, 1988March 18, 1999, 64 FR 13351Submitted on January 4, 1990.
Appendices to Maricopa County Air Pollution Control Rules and Regulations
Appendix CFugitive Dust Test MethodsMarch 26, 2008December 15, 2010, 75 FR 78167Cited in Rules 310 and 310.01. Submitted on July 10, 2008.
Appendix FSoil DesignationsApril 7, 2004August 21, 2007, 72 FR 46564Cited in Rule 310. Submitted on October 7, 2005.

†Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored by document published January 29, 1991.

Table 5—EPA-Approved Maricopa County Documents Related to Applications for Dust Control Permits

TitleState effective dateEPA approval dateAdditional explanation
Application for Dust Control PermitJune 22, 2005August 21, 2007, 72 FR 46564Relates to Rule 310 (“Fugitive Dust from Dust-Generating Operations”). Element of the Revised PM-10 State Implementation Plan for the Salt River Area, Additional Materials, September 2005. Submitted on November 29, 2005.
Guidance for Application for Dust Control PermitJune 22, 2005August 21, 2007, 72 FR 46564Relates to Rule 310 (“Fugitive Dust from Dust-Generating Operations”). Element of the Revised PM-10 State Implementation Plan for the Salt River Area, Additional Materials, September 2005. Submitted on November 29, 2005.

Table 6—EPA-Approved Ordinances Adopted by Maricopa County and Other Local Jurisdictions Within Maricopa County

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Maricopa County Ordinance P-26Residential Woodburning Restriction OrdinanceMarch 26, 2008November 9, 2009, 74 FR 57612Submitted on July 10, 2008.
Maricopa County, Ordinance P-7Trip Reduction OrdinanceAdopted May 26, 1994May 4, 1998, 63 FR 24434Submitted on August 31, 1995.
Town of Carefree Ordinance No. 98-14An Ordinance of the Town of Carefree, Maricopa County, Arizona, Adding Section 10-4 to the Town Code Relating to Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages)Adopted September 1, 1998July 25, 2002, 67 FR 48718Submitted on February 16, 2000.
Town of Gilbert Ordinance 1066An Ordinance of the Common Council of the Town of Gilbert, Arizona Amending the Code of Gilbert by Amending Chapter 30 Environment, by adding New Article II Fireplace Restrictions Prescribing Standards for Fireplaces, Woodstoves, and Other Solid-Fuel Burning Devices in New Construction; Providing for an Effective Date of January 1, 1999; Providing for Repeal of Conflicting Ordinances; Providing for Severability (3 pages)January 1, 1999July 25, 2002, 67 FR 48718Adopted by the Town of Gilbert on November 25, 1997. Submitted on February 16, 2000.
City of Mesa Ordinance No. 3434An Ordinance of the City Council of the City of Mesa, Maricopa County, Arizona, Relating to Fireplace Restrictions Amending Title 4, Chapter 1, Section 2 Establishing a Delayed Effective Date; and Providing Penalties for Violations (3 pages)December 31, 1998July 25, 2002, 67 FR 48718Adopted by the City of Mesa on February 2, 1998. Submitted on February 16, 2000.
Town of Paradise Valley Ordinance Number 454An Ordinance of the Town of Paradise Valley, Arizona, Relating to Grading and Dust Control, Amending Article 5-13 of the Town Code and Sections 5-13-1 Through 5-13-5, Providing Penalties for Violations and Severability (5 pages)January 22, 1998July 25, 2002, 67 FR 48718Adopted by the Town of Paradise Valley on January 22, 1998. Submitted on February 16, 2000. [Incorporation Note: There is an error in the ordinance's title, ordinance amended only sections 5-13-1 to 5-13-4; see section 1 of the ordinance.]
Town of Paradise Valley Ordinance Number 450An Ordinance of the Town of Paradise Valley, Arizona, Adding Section 5-1-7 to the Town Code Relating to Clean-Burning Fireplaces, Providing Penalties for Violations (3 pages)December 18, 1997July 25, 2002, 67 FR 48718Adopted by the Town of Paradise Valley on December 18, 1997. Submitted on February 16, 2000.
City of Phoenix Ordinance No. G4062An Ordinance Amending the Phoenix City Code By Adding A New Chapter 40 “Environmental Protections,” By Regulating Fireplaces, Wood Stoves and Other Solid-Fuel Burning Devices and Providing that the Provisions of this Ordinance Shall Take Effect on December 31, 1998 (5 pages)December 31, 1998July 25, 2002, 67 FR 48718Adopted by the City of Phoenix on December 10, 1997. Submitted on February 16, 2000.
City of Phoenix Ordinance No. G4037An Ordinance Amending Chapter 39, Article 2, Section 39-7 of the Phoenix City Code by Adding Subsection G Relating to Dust Free Parking Areas; and Amending Chapter 36, Article XI, Division I, Section 36-145 of the Phoenix City Code Relating to Parking on Non-Dust Free Lots (5 pages)Adopted July 2, 1997July 25, 2002, 67 FR 48718Adopted by the City of Phoenix on July 2, 1997. Submitted on February 16, 2000.
City of Tolleson Ordinance No. 376, N.S.An Ordinance of the City of Tolleson, Maricopa County, Arizona, Amending Chapter 7 of the Tolleson City Code by Adding a New Section 7-9, Prohibiting the Installation or Construction of a Fireplace or Wood Stove Unless It Meets the Standards Set Forth Herein (including Exhibit A, 4 pages)Adopted December 8, 1998July 25, 2002, 67 FR 48718Adopted by the City of Tolleson on December 8, 1998. Submitted on February 16, 2000.

Table 7—EPA-Approved Pima County Air Pollution Control Regulations

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Pre-1976 Rule Codification
Regulation I—General Provisions
Rule 2DefinitionsFebruary 20, 1975May 11, 1977, 42 FR 23802Submitted on February 20, 1975.
Rule 3Standard ConditionsDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 19Decisions of Hearing Board; Subpoenas; Effective DateDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 20Judicial Review; Grounds; ProceduresDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 21Notice of Hearing; Publication; ServiceDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 22Hearing Board FeesDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Regulation II—Emissions Prohibited
Rule 2BEmissions of Particulate MatterMarch 19, 1974September 19, 1977, 42 FR 46926Submitted on March 19, 1974.
Rule 3Emissions of Gases, Vapors, Fumes or OdorsDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 5Organic SolventsDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
Rule 7Emissions of Certain Sulfur CompoundsDecember 20, 1971July 27, 1972, 37 FR 15080Submitted on May 26, 1972.
1976-1978 Rule Codification
Regulation I—General Provisions
Rule 2, paragraphs uu-yyDefinitionsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
Regulation II—Fuel Burning Equipment
Rule 2G (Paragraphs 1-4c)Particulate EmissionsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
Rule 7A (Paragraph 1)Sulfur Dioxide EmissionsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976. Paragraphs 2 to 5 were disapproved. See 42 FR 36998 (July 19, 1977).
Rule 7B (Paragraph 1)Nitrogen Oxide EmissionsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
Regulation VII—New Source Performance Standards
Regulation VII (Paragraphs A-D)Standards of Performance for New Stationary SourcesJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
Regulation VIII—National Emission Standards for Hazardous Air Pollutants
Regulation VIII (Paragraphs A-C)Emissions Standards for Hazardous Air PollutantsJune 21, 1976July 19, 1977, 42 FR 36998Submitted on September 30, 1976.
1979-1993 Rule Codification
Chapter I: General Provisions
Rule 101Declaration of PolicyAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 102PurposeAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 103AuthorityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 111General ApplicabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 112State and/or CountyAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 113LimitationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 121Air Quality Control DistrictAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 122Executive HeadAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 123Governing BodyAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 151Severability ClauseAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 161FormatAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 162Headings and Special TypeAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 163Use of Number and GenderAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 165Effective DateAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 166Adoption by ReferenceDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 171Words, Phrases, and TermsDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 171 [paragraphs B.1 (“Air Contaminant or Air Pollutant”, B.1.a (“Common Air Pollutant”), B.7 (“Emission or Emissions”), B.8 (“Source or Existing Source”), C.1.a (“Existing Source”), C.1.b (“New Source”), C.2.a (“Major Source”), C.2.c (“New Major Source”), C.2.d (“Modification or Alteration”), C.3.a (“Stationary Source”), E.1.b (“Lowest Achievable Emission Rate” )]Words, Phrases, and TermsAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 172Meanings of Mathematical SymbolsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 173Chemical Symbols and AbbreviationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 174Scientific UnitsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 175AcronymsDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Chapter II: Permits
Rule 201Statutory AuthorityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 202, paragraph D onlyInstallation PermitsDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 202Installation PermitsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 203Operating PermitsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 211Permit ApplicationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 212Sampling, Testing, and Analysis RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 213Public Notification/Public CommentsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 215Permit RevocationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 221General ControlAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 222Permit Display or PostingAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 223Permit TransferabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 224Fugitive Dust Producing ActivitiesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 225Open Burning Permit ConditionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 226Permits for State-Delegated Emission SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 231Non-ComplianceAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 232Notification of DenialAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 241General ProvisionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 242Installation Permit Fees/Non-Fee RequirementsJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Rule 243Open Burning Permit FeesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 244Operating Permit FeesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 251Permit Fee Studies Related to InflationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 252Periodic Review of Individual Fee SchedulesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 261Compliance InspectionsJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Tables Cited by Rules in Chapter II
Table 242Activity Installation Permit Requirements for Construction/Destruction ActivitiesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Table 243Open Burning Permit Fee SchedulesJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Table 244-AEquipment Operating Permit Fee Schedules for Categorical SourcesJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Table 244-BEquipment Operating Permit Fee Schedules for Non-Categorical SourcesJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Table 244-CActivity Operating Permit Fee RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter III: Universal Control Standards
Rule 301Planning, Constructing, or Operating Without a PermitAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 302Non-Compliance with Applicable StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 312Asphalt KettlesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 313IncineratorsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 314Petroleum LiquidsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 315Roads and StreetsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 316Particulate MaterialsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 318Vacant Lots and Open SpacesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 321Standards and ApplicabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 331ApplicabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 332Compilation of Mass Rates and ConcentrationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 341ApplicabilityAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 342Mass—Concentration CeilingsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 343Visibility Limiting StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 344Odor Limiting StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 371Tucson Nonattainment AreasDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 372Ajo AreaDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 373General County AreasDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Figure 371-ATucson Nonattainment Area for Total Suspended ParticulatesDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Figure 371-CTucson Nonattainment Area for Carbon MonoxideDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Figure 372Approximate Boundaries of Ajo AreaDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Rule 381, paragraph A, subparagraphs 1, 2, 3, 4, and 5, and paragraph B onlyADHS Nonattainment-Area StandardsDecember 6, 1983August 10, 1988, 53 FR 30220; vacated; restored on January 29, 1991, 56 FR 3219Submitted on October 18, 1985.†
Tables Cited by Rules in Chapter III
Table 321, excluding the “Asbestos-Containing Operation” standardsEmissions-Discharge Opacity Limiting StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Approval excludes the “Asbestos-Containing Operation” standards. Submitted on October 9, 1979.
Table 332, excluding lines (h)-(m)Emissions-Discharge Mass Limiting StandardsAugust 17, 1979April 16, 1982, 47 FR 16326Approval excludes lines (h)-(m). Submitted on October 9, 1979.
Table 341, excluding the Beryllium ceilingsMaximum Allowable Pollutant-Concentration Ceilings in Ambient AirAugust 17, 1979April 16, 1982, 47 FR 16326Approval excludes the beryllium ceilings. Submitted on October 9, 1979.
Chapter IV: Performance Standards for New Major Sources
Rule 402Stack and Shop EmissionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 403Applicability of More Than One StandardAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 411Tucson AreaAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 412Ajo AreaAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 413General County AreasAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 421ApplicabilityAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 422TSP Clean Air PlanAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 423TSP Emission Data BankAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 424Emission Offset RequirementAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 425Lowest Achievable Emission RateAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 426Existing Sources in ComplianceAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Chapter V: Testing and Monitoring
Rule 501Applicability of MethodologyAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 502Testing FrequenciesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 503Notification; FeesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 504, part E, paragraph 2Pre-Installation Testing or Modeling RequirementsAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on June 1, 1981.
Rule 504Pre-Installation Testing or Modeling RequirementsAugust 17, 1979July 7, 1982, 47 FR 29532Submitted on October 9, 1979.
Rule 505Sampling and Testing FacilitiesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 506Stack SamplingAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 507Waiver of Test RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 511General RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 512In-Stack MonitoringAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter VI: Recordkeeping and Reporting
Regulation 60 (“Classification of Pollutants”), Rule 601Classification of Common and Hazardous Air PollutantsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 611, paragraph A onlyRecordkeeping for Compliance DeterminationsJune 1, 1981April 16, 1982, 47 FR 16326Approval included paragraph A only. Submitted on June 1, 1981.
Rule 611, paragraphs A.1 to A.3 onlyRecordkeeping for Compliance DeterminationsAugust 17, 1979April 16, 1982, 47 FR 16326Approval included paragraphs A.1 to A.3 only. Submitted on October 9, 1979.
Rule 612Recordkeeping for Emissions InventoriesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 621Reporting for Compliance EvaluationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 622Reporting as a Permit RequirementAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 623Reporting for Emissions InventoriesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 624Reporting for TSP Emission Data BankAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 631Confidentiality of Trade Secrets, Sales Data, and Proprietary InformationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 641Suppression; False InformationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Tables Cited by Rules in Chapter VI
Table 603Methodology for Entering Records of Emissions into TSP Data BankAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter VII: Violations and Judicial Procedures
Rule 701Criminal ComplaintAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 703InjunctionAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 704Precedence of ActionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 705PenaltiesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 706, paragraphs D.1 and D.2 onlyReviews for Startup, Shutdown, or MalfunctionsAugust 17, 1979April 16, 1982, 47 FR 16326Approval included paragraphs D.1 and D.2 only. Submitted on June 1, 1981.
Rule 706, paragraphs A to C, D.3, D.4, and E onlyReviews for Startup, Shutdown, or MalfunctionsAugust 17, 1979April 16, 1982, 47 FR 16326Approval included paragraphs A to C, D.3, D.4, and E only. Submitted on October 9, 1979.
Rule 721Evasion of Basic RequirementsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 722Concealment of EmissionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter VIII: Emergency Episodes and Public Awareness
Rule 801State JurisdictionAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 802Determination of Emergency ConditionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 803Emergency Episode ReportingAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 804Enforcement ActionsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 811Continuous Monitoring of Ambient Air PollutionAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 821Reports to the PublicAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 822General InformationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 823Public Participation in RulemakingAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Tables Cited by Rules in Chapter VIII
Table 802Air Pollution Episode CriteriaAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Table 804Possible Control Actions During Various Stages of an Air Pollution EpisodeAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Chapter IX: Appendix
Rule 901General Affidavit of DelegationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 902Political Sub-Divisions DelegationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 903Large Power Plants DelegationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 904Unpaved Roads DelegationAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 1Sample and Velocity Traverses for Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 2Determination of Stack Gas Velocity and Volumetric Flow Rate (Type S Pitot Tube)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 3Gas Analysis for Carbon Dioxide, Excess Air, and Dry Molecular WeightAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 4Determination of Moisture in Stack GasesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 5Determination of Particulate Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 6Determination of Sulfur Dioxide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 7Determination of Nitrogen Oxide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 8Determination of Sulfuric Acid Mist and Sulfur Dioxide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 9Visual Determination of the Opacity of Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 10Determination of Carbon Monoxide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 11Determination of Hydrogen Sulfide Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 16Semi-Continuous Determination of Sulfur Emissions from Stationary SourcesAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 17Determination of Particulate Emissions from Stationary Sources (In-Stack Filtration Method)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 19Determination of Sulfur Dioxide Removal Efficiency and Particulate, Sulfur Dioxide and Nitrogen Oxides Emission Rates from Electric Utility Steam GeneratorsJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Rule 911 (“Emissions Discharge Testing for Common Air Pollutants”), Method 20Determination of Nitrogen Oxides, Sulfur Dioxide and Oxygen Emissions from Stationary Gas TurbinesJune 1, 1981April 16, 1982, 47 FR 16326Submitted on June 1, 1981.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method AReference Method for the Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method BReference Method for the Determination of Suspended Particulates in the Atmosphere (High Volume Method)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method CMeasurement Principle and Calibration Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere (Non-Dispersive Infrared Spectrometry)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method DMeasurement Principle and Calibration Procedure for the Measurement of Ozone in the AtmosphereAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method EReference Method for Determination of Hydrocarbons Corrected for MethaneAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method FMeasurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method GReference Method for the Determination of Lead in Suspended Particulate Matter collected from Ambient AirAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 913 (“Ambient Air Testing for Common Air Pollutants”), Method HInterpretation of the National Ambient Air Quality Standards for OzoneAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 921General SpecificationsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 922Performance Specification 1 (Opacity)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 923Performance Specification 2 (SO2 and NOX)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 924Performance Specification 3 (CO2 and O2)August 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 931Guideline on Air Quality ModelsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Rule 932Workbook for Comparison of Air Quality ModelsAugust 17, 1979April 16, 1982, 47 FR 16326Submitted on October 9, 1979.
Post-1993 Rule Codification
Pima County Code
Title 17. Air Quality Control
Chapter 12. Permits and Permit Revisions
Article V. Open Burning Permits
17.12.480Open burning permitsOctober 19, 2004May 16, 2006, 71 FR 28270Submitted on December 30, 2004.

†Vacated by the U.S. Court of Appeals for the Ninth Circuit in Delaney v. EPA, 898 F.2d 687 (9th Cir. 1990). Restored on January 29, 1991, 56 FR 3219.

Table 8—EPA-Approved Ordinances Adopted by Pima County and Other Local Jurisdictions Within Pima County

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Pima County Ordinance No. 1988-72Travel Reduction OrdinanceApril 18, 1988January 29, 1991, 56 FR 3219Submitted on May 26, 1988.
City of Tucson Ordinance No. 6914Travel Reduction OrdinanceApril 18, 1988January 29, 1991, 56 FR 3219Submitted on May 26, 1988.
City of South Tucson Ordinance 88-01Travel Reduction CodeApril 18, 1988January 29, 1991, 56 FR 3219Adopted through Resolutions No. 88-01 and 88-05.
Town of Marana Ordinance No. 88-06Travel Reduction CodeApril 18, 1988January 29, 1991, 56 FR 3219Adopted through Resolutions No. 88-06 and 88-07. Submitted on May 26, 1988.
Town of Oro Valley Ordinance No. 162Travel Reduction CodeApril 18, 1988January 29, 1991, 56 FR 3219Adopted through Resolutions No. 162, 326 and 327.

Table 9—EPA-Approved Pinal County Air Pollution Control Regulations

County citationTitle/subjectState effective dateEPA approval dateAdditional explanation
Pinal-Gila Counties Air Pollution Control District Regulations
7-3-1.4(C)IncinerationAugust 7, 1980April 12, 1982, 47 FR 15579Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on August 7, 1980. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-1.4 (Excluding Paragraph C)Particulate Emissions—IncinerationMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. EPA disapproved paragraph C. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-1.5Particulate Emissions—Wood Waste BurnersMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-1.7(F)Fuel burning equipmentAugust 7, 1980April 12, 1982, 47 FR 15579Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on August 7, 1980. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-1.7 (Excluding Paragraph F)Particulate Emissions—Fuel Burning EquipmentMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. EPA disapproved paragraph F. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-2.4SO2 Emissions—Sulfuric Acid PlantsMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-5.1NO2 Emissions—Fuel Burning EquipmentMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
7-3-5.2NO2 Emissions—Nitric Acid PlantsMarch 19, 1974November 15, 1978, 43 FR 53031Adopted by Pinal-Gila Counties Air Quality Control District. Submitted on July 1, 1975. Deleted with respect to Gila County only July 25, 2001, 66 FR 38565.
Pinal County Air Quality Control District Regulations
Chapter 1. General Provisions and Definitions
1-1-010Declaration of policyFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-020Air Quality Control DistrictJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-030Executive headJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-040Investigative authorityJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-060Authority to study, cooperate and hold public hearingsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-070Severability clauseJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-080Preservation of rightsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-090Copies and effective dateNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-100Selecting interpretationsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-1-106Jurisdictional StatementFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-2-110Adopted document(s)June 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-2-120Adoptions by referenceNovember 3, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
1-3-140Definitions, 74, Hearing BoardJuly 23, 2014August 10, 2015, 80 FR 47859Adopted by the Pinal County Board of Supervisors through Resolution No. 072314-AQ1. Includes new text that is underlined and excludes removed text which was struck by the board. Submitted by ADEQ on September 4, 2014.
1-3-140DefinitionsJuly 29, 1998November 13, 2002, 67 FR 68764Submitted on October 7, 1998.
Chapter 2. Ambient Air Quality Standards
2-1-010PurposeJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-020Particulate matterJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-030Sulfur oxide (sulfur dioxide)June 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-040OzoneJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-050Carbon monoxideJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-060Nitrogen dioxideJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-1-070LeadJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-2-080Air quality monitoring methodsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-2-090Air quality monitoring proceduresJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-3-100Interpretation of ambient air quality standardsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-3-110Evaluation of air quality dataJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-4-120PurposeJune 29, 1993April 9, 1996, 61 FR 15717Relates to attainment area classifications. Submitted on November 27, 1995.
2-4-130Adopted document(s)June 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-4-140Area classifications within Pinal CountyJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-4-150Attainment status in Pinal CountyJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-160Ambient air increment ceilingsOctober 12, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-170Baseline concentrationJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-180Baseline dateOctober 12, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-190Baseline areaFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-200ExemptionsFebruary 22, 1995April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-5-210Violations of maximum allowable increasesJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-6-220Violations of national ambient air quality standardsJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-7-230PurposeJune 29, 1993April 9, 1996, 61 FR 15717Relates to air pollution emergency episodes. Submitted on November 27, 1995.
2-7-240Episode procedures guidelinesJune 29, 1993April 9, 1996, 61 FR 15717Submitted on November 27, 1995.
2-7-250DefinitionsJune 29, 1993April 9, 1996, 61 FR 15717Relates to air pollution emergency episodes. Submitted on November 27, 1995.
2-7-260StandardsJune 29, 1993April 9, 1996, 61 FR 15717Relates to air pollution emergency episodes. Submitted on November 27, 1995.
2-7-270Administrative requirements