{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where agency = \"EPA\" and part_number = 52 sorted by section_id", "rows": [["40:40:3.0.1.1.1.1.1.1", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.01", "\u00a7 52.01 Definitions.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "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.\n\n(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.\n\n(b) The term  commenced  means that an owner or operator has undertaken a continuous program of construction or modification.\n\n(c) The term  construction  means fabrication, erection, or installation.\n\n(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:\n\n(1) Routine maintenance, repair, and replacement shall not be considered a physical change, and\n\n(2) The following shall not be considered a change in the method of operation:\n\n(i) An increase in the production rate, if such increase does not exceed the operating design capacity of the source;\n\n(ii) An increase in the hours of operation;\n\n(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.\n\n(e) The term  startup  means the setting in operation of a source for any purpose.\n\n(f) [Reserved]\n\n(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.10", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.11", "\u00a7 52.11 Prevention of air pollution emergency episodes.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972]", "(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.\n\n(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.11", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.12", "\u00a7 52.12 Source surveillance.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10846, May 31, 1972, as amended at 40 FR 26032, June 20, 1975; 62 FR 8328, Feb. 24, 1997]", "(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.\n\n(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.\n\n(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:\n\n(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.\n\n(2) Sources subject to approved provisions of a plan wherein a test procedure is specified will be tested by the specified procedure."], ["40:40:3.0.1.1.1.1.1.12", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.13", "\u00a7 52.13 Air quality surveillance; resources; intergovernmental cooperation.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", "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."], ["40:40:3.0.1.1.1.1.1.13", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.14", "\u00a7 52.14 State ambient air quality standards.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", "Any ambient air quality standard submitted with a plan which is less stringent than a national standard is not considered part of the plan."], ["40:40:3.0.1.1.1.1.1.14", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.15", "\u00a7 52.15 Public availability of plans.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", "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."], ["40:40:3.0.1.1.1.1.1.15", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.16", "\u00a7 52.16 Submission to Administrator.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "(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.\n\n(b) The Regional Offices are as follows:\n\n(1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. EPA Region 1, 5 Post Office Square\u2014Suite 100, Boston, MA 02109-3912.\n\n(2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA Region 2, 290 Broadway, New York, NY 10007-1866.\n\n(3) Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, and West Virginia. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029.\n\n(4) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. EPA Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.\n\n(5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.\n\n(6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Environmental Protection Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102.\n\n(7) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219.\n\n(8) Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.\n\n(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.\n\n(10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th Avenue, Seattle, WA 98101."], ["40:40:3.0.1.1.1.1.1.16", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.17", "\u00a7 52.17 Severability of provisions.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 19808, Sept. 22, 1972]", "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."], ["40:40:3.0.1.1.1.1.1.17", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.18", "\u00a7 52.18 Abbreviations.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[38 FR 12698, May 14, 1973]", "Abbreviations used in this part shall be those set forth in part 60 of this chapter."], ["40:40:3.0.1.1.1.1.1.18", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.20", "\u00a7 52.20 Attainment dates for national standards.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 19808, Sept. 22, 1972, as amended at 39 FR 34535, Sept. 26, 1974; 51 FR 40676, Nov. 7, 1986]", "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\u2014\n\n(a) As expeditiously as practicable where the requirement is part of a control strategy designed to attain a primary standard, and\n\n(b) Within a reasonable time where the requirement is part of a control strategy designed to attain a secondary standard."], ["40:40:3.0.1.1.1.1.1.19", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.21", "\u00a7 52.21 Prevention of significant deterioration of air quality.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[43 FR 26403, June 19, 1978]", "(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(A) Except as otherwise provided in paragraph (a)(2)(v) 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\u2014a significant emissions increase (as defined in paragraph (b)(40) section) and a significant net emissions increase (as defined in paragraphs (b)(3) and (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.\n\n(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.\n\n(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).\n\n(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).\n\n(E) [Reserved]\n\n(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 difference for all emissions units, using the method specified in paragraphs (a)(2)(iv)( c ) and ( d ) of this section as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant (as defined in paragraph (b)(23) of this section).\n\n(G) The \u201csum of the difference\u201d as used in paragraphs ( c ), ( d ) and ( f ) of this section shall include both increases and decreases in emissions calculated in accordance with those paragraphs.\n\n(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.\n\n(b)  Definitions.  For the purposes of this section:\n\n(1)(i)  Major stationary source  means:\n\n(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 50 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;\n\n(B) Notwithstanding the stationary source size specified in paragraph (b)(1)(i)( a ) 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\n\n(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 change would constitute a major stationary source by itself.\n\n(ii) A major source that is major for volatile organic compounds or NO X  shall be considered major for ozone.\n\n(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:\n\n(A) Coal cleaning plants (with thermal dryers);\n\n(B) Kraft pulp mills;\n\n(C) Portland cement plants;\n\n(D) Primary zinc smelters;\n\n(E) Iron and steel mills;\n\n(F) Primary aluminum ore reduction plants;\n\n(G) Primary copper smelters;\n\n(H) Municipal incinerators capable of charging more than 50 tons of refuse per day;\n\n(I) Hydrofluoric, sulfuric, or nitric acid plants;\n\n(J) Petroleum refineries;\n\n(K) Lime plants;\n\n(L) Phosphate rock processing plants;\n\n(M) Coke oven batteries;\n\n(N) Sulfur recovery plants;\n\n(O) Carbon black plants (furnace process);\n\n(P) Primary lead smelters;\n\n(Q) Fuel conversion plants;\n\n(R) Sintering plants;\n\n(S) Secondary metal production plants;\n\n(T) Chemical process plants\u2014The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;\n\n(U) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;\n\n(V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;\n\n(W) Taconite ore processing plants;\n\n(X) Glass fiber processing plants;\n\n(Y) Charcoal production plants;\n\n(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input, and\n\n(AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.\n\n(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.\n\n(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 NO X  shall be considered significant for ozone.\n\n(iii) A physical change or change in the method of operation shall not include:\n\n(A) Routine maintenance, repair and replacement;\n\n(B) Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;\n\n(C) Use of an alternative fuel by reason of an order or rule under section 125 of the Act;\n\n(D) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;\n\n(E) Use of an alternative fuel or raw material by a stationary source which:\n\n( 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 part 51, subpart I; or\n\n( 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;\n\n(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 part 51, subpart I.\n\n(G) Any change in ownership at a stationary source.\n\n(H) [Reserved]\n\n(I) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:\n\n( 1 ) The State implementation plan for the State in which the project is located, and\n\n( 2 ) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.\n\n(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.\n\n(K) The reactivation of a very clean coal-fired electric utility steam generating unit.\n\n(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.\n\n(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.\n\n(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:\n\n(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\n\n(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.\n\n(ii) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:\n\n(A) The date five years before construction on the particular change commences; and\n\n(B) The date that the increase from the particular change occurs.\n\n(iii) An increase or decrease in actual emissions is creditable only if:\n\n(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\n\n(B) [Reserved]\n\n(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.\n\n(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.\n\n(v) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.\n\n(vi) A decrease in actual emissions is creditable only to the extent that:\n\n(A) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;\n\n(B) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins.\n\n(C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.\n\n(vii) [Reserved]\n\n(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.\n\n(ix) Paragraph (b)(21)(ii) of this section shall not apply for determining creditable increases and decreases.\n\n(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.\n\n(5)  Stationary source  means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.\n\n(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 \u201cMajor Group\u201d ( 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).\n\n(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 \n 1/4  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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(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\n\n(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.\n\n(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.\n\n(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.\n\n(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 the 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 part 60, 61, or 63. 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.\n\n(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:\n\n(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\n\n(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.\n\n(ii) The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):\n\n(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\n\n(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.\n\n(14)(i)  Major source baseline date  means:\n\n(A) In the case of PM 10  and sulfur dioxide, January 6, 1975;\n\n(B) In the case of nitrogen dioxide, February 8, 1988; and\n\n(C) In the case of PM 2.5 , October 20, 2010.\n\n(ii) \u201cMinor source baseline date\u201d 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:\n\n(A) In the case of PM 10  and sulfur dioxide, August 7, 1977;\n\n(B) In the case of nitrogen dioxide, February 8, 1988; and\n\n(C) In the case of PM 2.5 , October 20, 2011.\n\n(iii) The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:\n\n(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\n\n(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.\n\n(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.\n\n(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 \u00b5g/m\n 3  (annual average) for SO 2 , NO 2 , or PM 10 ; or equal or greater than 0.3 \u00b5g/m\n 3  (annual average) for PM 2.5 .\n\n(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:\n\n(A) Establishes a minor source baseline date; or\n\n(B) Is subject to 40 CFR 52.21 and would be constructed in the same state as the state proposing the redesignation.\n\n(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.\n\n(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:\n\n(i) The applicable standards as set forth in 40 CFR parts 60 and 61;\n\n(ii) The applicable State Implementation Plan emissions limitation, including those with a future compliance date; or\n\n(iii) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.\n\n(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.\n\n(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.\n\n(i) Emissions from ships or trains coming to or from the new or modified stationary source; and\n\n(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.\n\n(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.\n\n(20)  Fugitive emissions  means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.\n\n(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.\n\n(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.\n\n(iii) The Administrator may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.\n\n(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.\n\n(22)  Complete  means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application.\n\n(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:\n\nPollutant and Emissions Rate\n \n Carbon monoxide: 100 tons per year (tpy)\n \n Nitrogen oxides: 40 tpy\n \n Sulfur dioxide: 40 tpy\n \n Particulate matter: 25 tpy of particulate matter emissions\n \n PM 10 : 15 tpy\n \n PM 2.5 : 10 tpy of direct PM 2.5  emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM 2.5  precursor under paragraph (b)(50) of this section\n \n Ozone: 40 tpy of volatile organic compounds or nitrogen oxides\n \n Lead: 0.6 tpy\n \n Fluorides: 3 tpy\n \n Sulfuric acid mist: 7 tpy\n \n Hydrogen sulfide (H 2 S): 10 tpy\n \n Total reduced sulfur (including H 2 S): 10 tpy\n \n Reduced sulfur compounds (including H 2 S): 10 tpy\n \n Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 \u00d7 10 \u22126  megagrams per year (3.5 \u00d7 10 \u22126  tons per year)\n \n Municipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per year)\n \n Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year)\n \n Municipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year)\n\nCarbon monoxide: 100 tons per year (tpy)\n\nNitrogen oxides: 40 tpy\n\nSulfur dioxide: 40 tpy\n\nParticulate matter: 25 tpy of particulate matter emissions\n\nPM 10 : 15 tpy\n\nPM 2.5 : 10 tpy of direct PM 2.5  emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM 2.5  precursor under paragraph (b)(50) of this section\n\nOzone: 40 tpy of volatile organic compounds or nitrogen oxides\n\nLead: 0.6 tpy\n\nFluorides: 3 tpy\n\nSulfuric acid mist: 7 tpy\n\nHydrogen sulfide (H 2 S): 10 tpy\n\nTotal reduced sulfur (including H 2 S): 10 tpy\n\nReduced sulfur compounds (including H 2 S): 10 tpy\n\nMunicipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 \u00d7 10 \u22126  megagrams per year (3.5 \u00d7 10 \u22126  tons per year)\n\nMunicipal waste combustor metals (measured as particulate matter): 14 megagrams per year (15 tons per year)\n\nMunicipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tons per year)\n\nMunicipal solid waste landfills emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tons per year)\n\n(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.\n\n(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 \u00b5g/m\n 3 , (24-hour average).\n\n(24)  Federal Land Manager  means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.\n\n(25)  High terrain  means any area having an elevation 900 feet or more above the base of the stack of a source.\n\n(26)  Low terrain  means any area other than high terrain.\n\n(27)  Indian Reservation  means any federally recognized reservation established by Treaty, Agreement, executive order, or act of Congress.\n\n(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.\n\n(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.\n\n(30)  Volatile organic compounds (VOC)  is as defined in \u00a7 51.100(s) of this chapter.\n\n(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.\n\n(32) [Reserved]\n\n(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.\n\n(i) The emissions unit is a reconstructed unit within the meaning of \u00a7 60.15(b)(1) of this chapter, or the emissions unit completely takes the place of an existing emissions unit;\n\n(ii) The emissions unit is identical to or functionally equivalent to the replaced emissions unit;\n\n(iii) The replacement does not alter the basic design parameters of the process unit; and\n\n(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.\n\n(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.\n\n(35)  Clean coal technology demonstration project  means a project using funds appropriated under the heading \u201cDepartment of Energy-Clean Coal Technology\u201d, 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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(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;\n\n(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;\n\n(iii) Is equipped with low-NO X  burners prior to the time of commencement of operations following reactivation; and\n\n(iv) Is otherwise in compliance with the requirements of the Clean Air Act.\n\n(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 \u201cin-process recycling\u201d practices), energy recovery, treatment, or disposal.\n\n(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.\n\n(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.\n\n(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:\n\n(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\n\n(B) Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and\n\n(C) Shall exclude, in calculating any increase in emissions that results from the 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\n\n(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.\n\n(42) [Reserved]\n\n(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 \u00a7 51.166 of this chapter to implement the requirements of that section. Any permit issued under such a program is a major NSR permit.\n\n(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.\n\n(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, O 2  or CO 2  concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.\n\n(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, O 2  or CO 2  concentrations), and to record average operational parameter value(s) on a continuous basis.\n\n(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).\n\n(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.\n\n(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.\n\n(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.\n\n(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.\n\n(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 pollutant.\n\n(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.\n\n(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.\n\n(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.\n\n(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.\n\n(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 \u00a7 51.165(a)(3)(ii)(G) of this chapter.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(i)  Greenhouse gases (GHGs),  the air pollutant defined in \u00a7 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 paragraph (b)(49)(iv) 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.\n\n(ii) For purposes of paragraphs (b)(49)(iii) through (iv) of this section, the term  tpy CO 2  equivalent emissions (CO 2 e)  shall represent an amount of GHGs emitted, and shall be computed as follows:\n\n(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\u2014Global Warming Potentials.\n\n(B) Sum the resultant value from paragraph (b)(49)(ii)( a ) of this section for each gas to compute a tpy CO 2 e.\n\n(iii) The term  emissions increase  as used in paragraph (b)(49)(iv) 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 (23) of this section) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant and \u201csignificant\u201d is defined as 75,000 tpy CO 2 e instead of applying the value in paragraph (b)(23)(ii) of this section.\n\n(iv) Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:\n\n(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 CO 2 e or more; or\n\n(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 CO 2 e or more.\n\n(50)  Regulated NSR pollutant,  for purposes of this section, means the following:\n\n(i) Any pollutant for which a national ambient air quality standard has been promulgated. This includes, but is not limited to, the following:\n\n(A) PM 2.5  emissions and PM 10  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 PM 2.5  and PM 10  in PSD permits. Compliance with emissions limitations for PM 2.5  and PM 10  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.\n\n(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:\n\n( 1 ) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.\n\n( 2 ) Sulfur dioxide is a precursor to PM 2.5  in all attainment and unclassifiable areas.\n\n( 3 ) Nitrogen oxides are presumed to be precursors to PM 2.5  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 PM 2.5  concentrations.\n\n( 4 ) Volatile organic compounds are presumed not to be precursors to PM 2.5  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 PM 2.5  concentrations.\n\n(ii) Any pollutant that is subject to any standard promulgated under section 111 of the Act;\n\n(iii) Any Class I or II substance subject to a standard promulgated under or established by title VI of the Act;\n\n(iv) Any pollutant that otherwise is subject to regulation under the Act as defined in paragraph (b)(49) of this section.\n\n(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.\n\n(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 \u00a7 51.165 or \u00a7 51.166 of this chapter, or the Administrator in the case of EPA-implemented permit programs under this section.\n\n(52)  Project  means a physical change in, or change in the method of operation of, an existing major stationary source.\n\n(53)  Lowest achievable emission rate (LAER)  is as defined in \u00a7 51.165(a)(1)(xiii) of this chapter.\n\n(54)  Reasonably available control technology (RACT)  is as defined in \u00a7 51.100(o) of this chapter.\n\n(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:\n\nFor 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.\n\n(d)  Ambient air ceilings.  No concentration of a pollutant shall exceed:\n\n(1) The concentration permitted under the national secondary ambient air quality standard, or\n\n(2) The concentration permitted under the national primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exposure.\n\n(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:\n\n(i) International parks,\n\n(ii) National wilderness areas which exceed 5,000 acres in size,\n\n(iii) National memorial parks which exceed 5,000 acres in size, and\n\n(iv) National parks which exceed 6,000 acres in size.\n\n(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.\n\n(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.\n\n(4) The following areas may be redesignated only as Class I or II:\n\n(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\n\n(ii) A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.\n\n(f) [Reserved]\n\n(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.\n\n(2) The State may submit to the Administrator a proposal to redesignate areas of the State Class I or Class II provided that:\n\n(i) At least one public hearing has been held in accordance with procedures established in \u00a7 51.102 of this chapter;\n\n(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;\n\n(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;\n\n(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\n\n(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.\n\n(3) Any area other than an area to which paragraph (e) of this section refers may be redesignated as Class III if\u2014\n\n(i) The redesignation would meet the requirements of paragraph (g)(2) of this section;\n\n(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:\n\n(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\n\n(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.\n\n(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:\n\n(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\n\n(ii) Such redesignation is proposed after consultation with the State(s) in which the Indian Reservation is located and which border the Indian Reservation.\n\n(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.\n\n(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.\n\n(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\u2014\n\n(i) So much of the stack height of any source as exceeds good engineering practice, or\n\n(ii) Any other dispersion technique.\n\n(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.\n\n(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;\n\n(i)-(v) [Reserved]\n\n(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\n\n(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:\n\n(A) Coal cleaning plants (with thermal dryers);\n\n(B) Kraft pulp mills;\n\n(C) Portland cement plants;\n\n(D) Primary zinc smelters;\n\n(E) Iron and steel mills;\n\n(F) Primary aluminum ore reduction plants;\n\n(G) Primary copper smelters;\n\n(H) Municipal incinerators capable of charging more than 50 tons of refuse per day;\n\n(I) Hydrofluoric, sulfuric, or nitric acid plants;\n\n(J) Petroleum refineries;\n\n(K) Lime plants;\n\n(L) Phosphate rock processing plants;\n\n(M) Coke oven batteries;\n\n(N) Sulfur recovery plants;\n\n(O) Carbon black plants (furnace process);\n\n(P) Primary lead smelters;\n\n(Q) Fuel conversion plants;\n\n(R) Sintering plants;\n\n(S) Secondary metal production plants;\n\n(T) Chemical process plants\u2014The term chemical processing plant shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140;\n\n(U) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;\n\n(V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;\n\n(W) Taconite ore processing plants;\n\n(X) Glass fiber processing plants;\n\n(Y) Charcoal production plants;\n\n(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;\n\n(AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act; or\n\n(viii) The source is a portable stationary source which has previously received a permit under this section, and\n\n(A) The owner or operator proposes to relocate the source and emissions of the source at the new location would be temporary; and\n\n(B) The emissions from the source would not exceed its allowable emissions; and\n\n(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\n\n(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.\n\n(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.\n\n(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:\n\n(i) Would impact no Class I area and no area where an applicable increment is known to be violated, and\n\n(ii) Would be temporary.\n\n(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.\n\n(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:\n\n(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:\n\n(A) Carbon monoxide\u2014575 \u00b5g/m\n 3 , 8-hour average;\n\n(B) Nitrogen dioxide\u201414 \u00b5g/m\n 3 , annual average;\n\n(C) PM 2.5 \u20140 \u00b5g/m\n 3 ;\n\n(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 PM 2.5 .\n\n(D) PM 10 \u201410 \u00b5g/m\n 3 , 24-hour average;\n\n(E) Sulfur dioxide\u201413 \u00b5g/m\n 3 , 24-hour average;\n\n(F) Ozone;\n\n(G) Lead\u20140.1 \u00b5g/m\n 3 , 3-month average;\n\n(H) Fluorides\u20140.25 \u00b5g/m\n 3 , 24-hour average;\n\n(I) Total reduced sulfur\u201410 \u00b5g/m\n 3 , 1-hour average;\n\n(J) Hydrogen sulfide\u20140.2 \u00b5g/m\n 3 , 1-hour average;\n\n(K) Reduced sulfur compounds\u201410 \u00b5g/m\n 3 , 1-hour average; or\n\nNo  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.\n\n(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\n\n(iii) The pollutant is not listed in paragraph (i)(5)(i) of this section.\n\n(6)-(12) [Reserved]\n\n(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 part 60, 61, or 63.\n\n(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.\n\n(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.\n\n(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.\n\n(k)  Source impact analysis \u2014(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:\n\n(i) Any national ambient air quality standard in any air quality control region; or\n\n(ii) Any applicable maximum allowable increase over the baseline concentration in any area.\n\n(2) [Reserved]\n\n(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).\n\n(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.\n\n(m)  Air quality analysis \u2014(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:\n\n(A) For the source, each pollutant that it would have the potential to emit in a significant amount;\n\n(B) For the modification, each pollutant for which it would result in a significant net emissions increase.\n\n(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.\n\n(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.\n\n(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.\n\n(v) [Reserved]\n\n(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.\n\n(vii)-(viii) [Reserved]\n\n(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.\n\n(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\n(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.\n\n(1) With respect to a source or modification to which paragraphs (j), (k), (m), and (o) of this section apply, such information shall include:\n\n(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;\n\n(ii) A detailed schedule for construction of the source or modification;\n\n(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.\n\n(2) Upon request of the Administrator, the owner or operator shall also provide information on:\n\n(i) The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact; and\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(p)  Sources impacting Federal Class I areas\u2014additional requirements \u2014(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.\n\n(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.\n\n(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.\n\n(4)  Denial\u2014impact 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.\n\n(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, PM 2.5,  PM 10 , and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants:\n\n(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 (p)(5) 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 24 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 (p)(8) of this section provided that the applicable requirements of this section are otherwise met.\n\n(7)  Variance by the Governor with the President's concurrence.  In any case where the Governor recommends a variance with 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 (p)(8) of this section provided that the applicable requirements of this section are otherwise met.\n\n(8)  Emission limitations for Presidential or gubernatorial variance.  In the case of a permit issued pursuant to paragraph (p)(6) or (7) 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:\n\nMaximum Allowable Increase\n\n[Micrograms per cubic meter]\n\n(q)  Public participation.  The administrator shall follow the applicable procedures of 40 CFR part 124 in processing applications under this section.\n\n(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.\n\n(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.\n\n(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.\n\n(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 of 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.\n\n(5) [Reserved]\n\n(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.\n\n(i) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:\n\n(A) A description of the project;\n\n(B) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(A) The name, address and telephone number of the major stationary source;\n\n(B) The annual emissions as calculated pursuant to paragraph (r)(6)(iii) of this section; and\n\n(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).\n\n(vi) A \u201creasonable possibility\u201d under paragraph (r)(6) of this section occurs when the owner or operator calculates the project to result in either:\n\n(A) A projected actual emissions increase of at least 50 percent of the amount that is a \u201csignificant emissions increase,\u201d 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\n\n(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 \u201csignificant emissions increase,\u201d 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.\n\n(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 \u00a7 70.4(b)(3)(viii) of this chapter.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(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.\n\n(ii) The delegate agency shall send a copy of any public comment notice required under paragraph (q) of this section to the Administrator through the appropriate Regional Office.\n\n(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.\n\n(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.\n\n(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:\n\n(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;\n\n(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;\n\n(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;\n\n(iv) The source or modification would not before the date specified by the Administrator:\n\n(A) Cause or contribute to a violation of an applicable national ambient air quality standard; or\n\n(B) Impact any area where an applicable increment is known to be violated; and\n\n(v) All other applicable requirements including those for public participation have been met.\n\n(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.\n\n(3) The Administrator shall withdraw any approval to employ a system of innovative control technology made under this section, if:\n\n(i) The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or\n\n(ii) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or\n\n(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.\n\n(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.\n\n(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)(2) of this section or is rescinded under this paragraph (w).\n\n(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.\n\n(3) The Administrator may grant an application for rescission if the application shows that this section would not apply to the source or modification.\n\n(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.\n\n(x)-(z) [Reserved]\n\n(aa)  Actuals PALs.  The provisions in paragraphs (aa)(1) through (15) of this section govern actuals PALs.\n\n(1)  Applicability.  (i) The Administrator may approve the use of an actuals PAL, including for GHGs on either a mass basis or a CO 2 e 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 \u201cPAL\u201d shall mean \u201cactuals PAL\u201d throughout paragraph (aa) of this section.\n\n(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:\n\n(A) Is not a major modification for the PAL pollutant;\n\n(B) Does not have to be approved through the PSD program;\n\n(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\n\n(D) Does not make GHGs subject to regulation as defined by paragraph (b)(49) of this section.\n\n(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.\n\n(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.\n\n(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.\n\n(ii)  Allowable emissions  means \u201callowable emissions\u201d 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.\n\n(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.\n\n(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 \u201cor enforceable as a practical matter\u201d should be added after \u201cfederally enforceable.\u201d\n\n(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 CO 2 e basis,  small emissions unit  means an emissions unit that emits or has the potential to emit less than the amount of GHGs on a CO 2 e basis defined as \u201csignificant\u201d for the purposes of paragraph (b)(49)(iii) of this section at the time the PAL permit is being issued.\n\n(iv)  Major emissions unit  means:\n\n(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\n\n(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.\n\n(C) For a GHG PAL issued on a CO 2 e basis, any emissions unit that emits or has the potential to emit equal to or greater than the amount of GHGs on a CO 2 e 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.\n\n(v)  Plantwide applicability limitation (PAL)  means an emission limitation expressed on a mass basis in tons per year, or expressed in tons per year CO 2 e for a CO 2 e-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.\n\n(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.\n\n(vii)  PAL effective period  means the period beginning with the PAL effective date and ending 10 years later.\n\n(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.\n\n(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.\n\n(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.\n\n(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 CO 2 e basis,  significant emissions unit  means any emissions unit that emits or has the potential to emit GHGs on a CO 2 e 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.\n\n(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 CO 2 e 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.\n\n(xiii)  Baseline actual emissions  for a GHG PAL means the average rate, in tons per year CO 2 e 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 CO 2 e 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.\n\n(A) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(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.\n\n(B) An existing emissions unit is any emissions unit that does not meet the requirements in paragraph (aa)(2)(xiv)( a ) of this section.\n\n(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.\n\n(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:\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(A) The PAL shall impose an annual emission limitation expressed on a mass basis in tons per year, or expressed in tons per year CO 2 e, 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.\n\n(B) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (aa)(5) of this section.\n\n(C) The PAL permit shall contain all the requirements of paragraph (aa)(7) of this section.\n\n(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.\n\n(E) Each PAL shall regulate emissions of only one pollutant.\n\n(F) Each PAL shall have a PAL effective period of 10 years.\n\n(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.\n\n(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 \u00a7 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.\n\n(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 \u00a7\u00a7 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.\n\n(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 NO X  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).\n\n(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.\n\n(iii) For CO 2 e 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 \u201csignificant\u201d on a CO 2 e 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 CO 2 e-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 CO 2 e) 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.\n\n(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.\n\n(i) The PAL pollutant and the applicable source-wide emission limitation in tons per year or tons per year CO 2 e.\n\n(ii) The PAL permit effective date and the expiration date of the PAL (PAL effective period).\n\n(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.\n\n(iv) A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunctions.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(ix) A requirement to submit the reports required under paragraph (aa)(14) of this section by the required deadlines.\n\n(x) Any other requirements that the Administrator deems necessary to implement and enforce the PAL.\n\n(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.\n\n(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.\n\n(i)  PAL effective period.  The Administrator shall specify a PAL effective period of 10 years.\n\n(ii)  Reopening of the PAL permit.  (A) During the PAL effective period, the Administrator must reopen the PAL permit to:\n\n( 1 ) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;\n\n( 2 ) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under \u00a7 51.165(a)(3)(ii) of this chapter; and\n\n( 3 ) Revise the PAL to reflect an increase in the PAL as provided under paragraph (aa)(11) of this section.\n\n(B) The Administrator shall have discretion to reopen the PAL permit for the following:\n\n( 1 ) Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date;\n\n( 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\n\n( 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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(A) The information required in paragraphs (aa)(3)(i) through (iii) of this section.\n\n(B) A proposed PAL level.\n\n(C) The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).\n\n(D) Any other information the owner or operator wishes the Administrator to consider in determining the appropriate level for renewing the PAL.\n\n(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.\n\n(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\n\n(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.\n\n(C) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b) of this section:\n\n( 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\n\n( 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).\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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 CO 2 e 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.\n\n(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.\n\n(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.\n\n(D) Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid.\n\n(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:\n\n(A) Mass balance calculations for activities using coatings or solvents;\n\n(B) CEMS;\n\n(C) CPMS or PEMS; and\n\n(D) Emission factors.\n\n(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:\n\n(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;\n\n(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\n\n(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.\n\n(iv)  CEMS.  An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:\n\n(A) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, appendix B; and\n\n(B) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating.\n\n(v)  CPMS or PEMS.  An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:\n\n(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\n\n(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.\n\n(vi)  Emission factors.  An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:\n\n(A) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development;\n\n(B) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and\n\n(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.\n\n(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.\n\n(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:\n\n(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\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(A) A copy of the PAL permit application and any applications for revisions to the PAL; and\n\n(B) Each annual certification of compliance pursuant to title V and the data relied on in certifying the compliance.\n\n(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.\n\n(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.\n\n(A) The identification of owner and operator and the permit number.\n\n(B) Total annual emissions (expressed on a mass-basis in tons per year, or expressed in tons per year CO 2 e) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (aa)(13)(i) of this section.\n\n(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.\n\n(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.\n\n(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.\n\n(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).\n\n(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.\n\n(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 \u00a7 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 \u00a7 70.6(a)(3)(iii)(B) of this chapter. The reports shall contain the following information:\n\n(A) The identification of owner and operator and the permit number;\n\n(B) The PAL requirement that experienced the deviation or that was exceeded;\n\n(C) Emissions resulting from the deviation or the exceedance; and\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.2", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.02", "\u00a7 52.02 Introduction.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "(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.\n\n(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.\n\n(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.\n\n(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:\n\n(1) Office of Air and Radiation, Docket and Information Center (Air Docket), EPA, 401 M St., SW., Room M1500, Washington, DC 20460.\n\n(2) The appropriate EPA Regional Office as listed below:\n\n(i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Environmental Protection Agency, Region 1, 5 Post Office Square\u2014Suite 100, Boston, MA 02109-3912.\n\n(ii) New York, New Jersey, Puerto Rico, and Virgin Islands. Environmental Protection Agency, Region 2, 290 Broadway, New York, NY 10007-1866.\n\n(iii) Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, and West Virginia. Environmental Protection Agency, Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029.\n\n(iv) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. Environmental Protection Agency, Region 4, 61 Forsyth Street, Atlanta, Georgia 30303.\n\n(v) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507.\n\n(vi) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Environmental Protection Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102.\n\n(vii) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219.\n\n(viii) Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129.\n\n(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.\n\n(x) Alaska, Idaho, Oregon, and Washington. Environmental Protection Agency, Region 10, 1200 6th Avenue Seattle, WA 98101.\n\n(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.\n\n(f) Revisions to applicable plans will be included in this part when approved or promulgated by the Administrator."], ["40:40:3.0.1.1.1.1.1.20", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.23", "\u00a7 52.23 Violation and enforcement.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[39 FR 33512, Sept. 18, 1974, as amended at 54 FR 27285, June 28, 1989]", "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."], ["40:40:3.0.1.1.1.1.1.21", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.24", "\u00a7 52.24 Statutory restriction on new sources.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[70 FR 71704, Nov. 29, 2005]", "(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:\n\n(1) Failed to submit an implementation plan meeting the requirements of an approvable new source review permitting program; or\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(f) The provisions in \u00a7 51.165 of this chapter shall apply in interpreting the terms under this section.\n\n(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:\n\n(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\n\n(2) If the construction moratorium is no longer in effect in that area, then the requirements of \u00a7 51.165 of this chapter shall apply to the source or modification as though construction had not yet commenced on the source or modification.\n\n(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.\n\n(i)-(j) [Reserved]\n\n(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."], ["40:40:3.0.1.1.1.1.1.22", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.26", "\u00a7 52.26 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.1.1.23", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.27", "\u00a7 52.27 Protection of visibility from sources in attainment areas.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[50 FR 28551, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987]", "(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(i) An adverse impact on visibility in any Federal Class I area, or\n\n(ii) An adverse impact on visibility in an integral vista codified in part 81 of this title.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.24", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.28", "\u00a7 52.28 Protection of visibility from sources in nonattainment areas.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[50 FR 28551, July 12, 1985]", "(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.\n\n(b)  Definitions.  For the purposes of this section:\n\n(1)  Visibility protection area  means any area listed in 40 CFR 81.401-81.436 (1984).\n\n(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.\n\n(c)  Review of major stationary sources and major modifications\u2014source 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.\n\n(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.\n\n(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.\n\n(4) The requirements of this section shall not apply to a particular major stationary source or major modification, if:\n\n(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\n\n(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:\n\n(A) Coal cleaning plants (with thermal dryers);\n\n(B) Kraft pulp mills;\n\n(C) Portland cement plants;\n\n(D) Primary zinc smelters;\n\n(E) Iron and steel mills;\n\n(F) Primary aluminum ore reduction plants;\n\n(G) Primary copper smelters;\n\n(H) Municipal incinerators capable of charging more than 250 tons of refuse per day;\n\n(I) Hydrofluoric, sulfuric, or nitric acid plants;\n\n(J) Petroleum refineries;\n\n(K) Lime plants;\n\n(L) Phosphate rock processing plants;\n\n(M) Coke oven batteries;\n\n(N) Sulfur recovery plants;\n\n(O) Carbon black plants (furnace process);\n\n(P) Primary lead smelters;\n\n(Q) Fuel conversion plants;\n\n(R) Sintering plants;\n\n(S) Secondary metal production plants;\n\n(T) Chemical process plants;\n\n(U) Fossil-fuel boiler (or combination thereof) totaling more than 250 million British thermal units per hour heat input;\n\n(V) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;\n\n(W) Taconite ore processing plants;\n\n(X) Glass fiber processing plants;\n\n(Y) Charcoal production plants;\n\n(Z) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input;\n\n(AA) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act; or\n\n(iii) The source is a portable stationary source which has previously received a permit under this section, and\n\n(A) The owner or operator proposes to relocate the source and emissions of the source at the new location would be temporary; and\n\n(B) The emissions from the source would not exceed its allowable emissions; and\n\n(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\n\n(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.\n\n(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.\n\n(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:\n\n(i) Would impact no Class I area and no area where an applicable increment is known to be violated, and\n\n(ii) Would be temporary.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n(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.\n\n(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.25", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.29", "\u00a7 52.29 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.1.1.26", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.30", "\u00a7 52.30 Criteria for limiting application of sanctions under section 110(m) of the Clean Air Act on a statewide basis.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[59 FR 1484, Jan. 11, 1994]", "(a)  Definitions.  For the purpose of this section:\n\n(1) The term \u201cpolitical subdivision\u201d 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.\n\n(2) The term \u201crequired activity\u201d means the submission of a plan or plan item, or the implementation of a plan or plan item.\n\n(3) The term \u201cdeficiency\u201d means the failure to perform a required activity as defined in paragraph (a)(2) of this section.\n\n(4) For purposes of \u00a7 52.30, the terms \u201cplan\u201d or \u201cplan item\u201d 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.\n\n(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.\n\n(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.\n\n(1) The State has provided adequate legal authority to a political subdivision to perform the required activity.\n\n(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.\n\n(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.\n\n(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.\n\n(5) The political subdivision has failed to perform the required activity.\n\n(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.27", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.31", "\u00a7 52.31 Selection of sequence of mandatory sanctions for findings made pursuant to section 179 of the Clean Air Act.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[59 FR 39859, Aug. 4, 1994]", "(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).\n\n(b)  Definitions.  All terms used in this section, but not specifically defined herein, shall have the meaning given them in \u00a7 52.01.\n\n(1)  1990 Amendments  means the 1990 Amendments to the Clean Air Act (Pub. L. No. 101-549, 104 Stat. 2399).\n\n(2)  Act  means Clean Air Act, as amended in 1990 (42 U.S.C. 7401  et seq.  (1991)).\n\n(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.\n\n(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).\n\n(5)  Findings  or  Finding  refer(s) to one or more of the findings, disapprovals, and determinations described in subsection 52.31 (c).\n\n(6)  NAAQS  means national ambient air quality standard the Administrator has promulgated pursuant to 42 U.S.C. 7409.\n\n(7)  Ozone precursors  mean nitrogen oxides (NO X ) and volatile organic compounds (VOC).\n\n(8)  Part D  means part D of title I of the Act.\n\n(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.\n\n(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.\n\n(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:\n\n(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);\n\n(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;\n\n(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\n\n(ii) A disapproval in whole or in part of a submission described under paragraph (c)(3)(i) of this section; or\n\n(4) A finding that any requirement of an approved plan (or approved part of a plan) is not being implemented.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(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.\n\n(e)  Available sanctions and method for implementation \u2014(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.\n\n(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 NO X  exemption for the affected area from the Act's new source review requirements under 42 U.S.C. 7501-7515 for NO X  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 NO X .\n\n(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.\n\n(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.\n\n(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.28", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.32", "\u00a7 52.32 Sanctions following findings of SIP inadequacy.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[60 FR 4737, Jan. 24, 1995]", "For purposes of the SIP revisions required by \u00a7 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 \u00a7 52.31(c) and sanctions will be imposed in accordance with the order of sanctions and the terms for such sanctions established in \u00a7 52.31."], ["40:40:3.0.1.1.1.1.1.29", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.33", "\u00a7 52.33 Compliance certifications.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[62 FR 8328, Feb. 24, 1997]", "(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.\n\n(b) For all federal implementation plans, paragraph (a) of this section is incorporated into the plan."], ["40:40:3.0.1.1.1.1.1.3", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.04", "\u00a7 52.04 Classification of regions.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", "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."], ["40:40:3.0.1.1.1.1.1.30", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.34", "\u00a7 52.34 Action on petitions submitted under section 126 relating to emissions of nitrogen oxides.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "(a)  Definitions.  For purposes of this section, the following definitions apply:\n\n(1)  Administrator  means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative.\n\n(2)  Large Electric Generating Units (large EGUs)  means:\n\n(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.\n\n(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.\n\n(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.\n\n(3)  Large Non-Electric Generating Units (large non-EGUs)  means:\n\n(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.\n\n(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.\n\n(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:\n\n(A) At no time serves a generator producing electricity for sale; or\n\n(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.\n\n(4)  New sources  means new and modified sources.\n\n(5)  NO X  means oxides of nitrogen.\n\n(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.\n\n(7)  Ozone season  means the period of time beginning May 1 of a year and ending on September 30 of the same year, inclusive.\n\n(8)  Potential electrical output capacity  means, with regard to a unit, 33 percent of the maximum design heat input of the unit.\n\n(9)  Unit  means a fossil-fuel fired stationary boiler, combustion turbine, or combined cycle system.\n\n(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 (\u201cNO X \u201d) in certain States emit or would emit NO X  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 NO X  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 NO X  in certain States emit or would emit NO X  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 NO X  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 NO X  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.\n\n(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 \u201cpetitioning State\u201d).\n\n(2) The new and existing sources of NO X  emissions covered by the petitions that emit or would emit NO X  emissions in amounts that make such significant contributions are large electric generating units (EGUs) and large non-EGUs.\n\n(c)  Section 126(b) findings relating to impacts on ozone levels in Connecticut \u2014(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 NO X  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:\n\n(i) In a category of large EGUs or large non-EGUs;\n\n(ii) Located in one of the States (or portions thereof) listed in paragraph (c)(2) of this section; and\n\n(iii) Within one of the \u201cNamed Source Categories\u201d listed in the portion of Table F-1 in appendix F of this part describing the sources of NO X  emissions covered by the petition of the State of Connecticut.\n\n(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 NO X  emissions for which the Administrator is making section 126(b) findings under paragraph (c)(1) of this section are:\n\n(i) Delaware.\n\n(ii) District of Columbia.\n\n(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as shown in appendix F, Figure F-2, of this part.\n\n(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in appendix F, Figure F-2, of this part.\n\n(v) Maryland.\n\n(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.\n\n(vii) Portion of North Carolina located in OTAG Subregion 7, as shown in appendix F, Figure F-2, of this part.\n\n(viii) New Jersey.\n\n(ix) Portion of New York extending west and south of Connecticut, as shown in appendix F, Figure F-2, of this part.\n\n(x) Ohio.\n\n(xi) Pennsylvania.\n\n(xii) Virginia.\n\n(xiii) West Virginia.\n\n(d)  Affirmative technical determinations relating to impacts on ozone levels in Maine \u2014(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 NO X  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:\n\n(i) In a category of large EGUs or large non-EGUs;\n\n(ii) Located in one of the States (or portions thereof) listed in paragraph (d)(2) of this section; and\n\n(iii) Within one of the \u201cNamed Source Categories\u201d listed in the portion of Table F-1 of appendix F of this part describing the sources of NO X  emissions covered by the petition of the State of Maine.\n\n(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:\n\n(i) Connecticut.\n\n(ii) Delaware.\n\n(iii) District of Columbia.\n\n(iv) Maryland.\n\n(v) Massachusetts.\n\n(vi) New Jersey.\n\n(vii) New York.\n\n(viii) Pennsylvania.\n\n(ix) Rhode Island.\n\n(x) Virginia.\n\n(e)  Section 126(b) findings and affirmative technical determinations relating to impacts on ozone levels in Massachusetts \u2014(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 NO X  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:\n\n(i) In a category of large EGUs or large non-EGUs;\n\n(ii) Located in one of the States (or portions thereof) listed in paragraph (e)(2) of this section; and\n\n(iii) Within one of the \u201cNamed Source Categories\u201d listed in the portion of Table F-1 in appendix F of this part describing the sources of NO X  emissions covered by the petition of the State of Massachusetts.\n\n(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 NO X  emissions for which the Administrator is making section 126(b) findings under paragraph (e)(1) of this section are:\n\n(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.\n\n(ii) [Reserved]\n\n(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 NO X  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:\n\n(i) In a category of large EGUs or large non-EGUs;\n\n(ii) Located in one of the States (or portions thereof) listed in paragraph (e)(4) of this section; and\n\n(iii) Within one of the \u201cNamed Source Categories\u201d listed in the portion of Table F-1 in appendix F of this part describing the sources of NO X  emissions covered by the petition of the State of Massachusetts.\n\n(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:\n\n(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.\n\n(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.\n\n(f)  Affirmative technical determinations relating to impacts on ozone levels in New Hampshire \u2014(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 NO X  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:\n\n(i) In a category of large EGUs or large non-EGUs;\n\n(ii) Located in one of the States (or portions thereof) listed in paragraph (f)(2) of this section; and\n\n(iii) Within one of the \u201cNamed Source Categories\u201d listed in the portion of Table F-1 of appendix F of this part describing the sources of NO X  emissions covered by the petition of the State of New Hampshire.\n\n(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:\n\n(i) Connecticut.\n\n(ii) Delaware.\n\n(iii) District of Columbia.\n\n(iv) Maryland.\n\n(v) Massachusetts.\n\n(vi) New Jersey.\n\n(vii) New York.\n\n(viii) Pennsylvania.\n\n(ix) Rhode Island.\n\n(g)  Section 126(b) findings relating to impacts on ozone levels in the State of New York \u2014(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 NO X  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:\n\n(i) In a category of large EGUs or large non-EGUs;\n\n(ii) Located in one of the States (or portions thereof) listed in paragraph (g)(2) of this section; and\n\n(iii) Within one of the \u201cNamed Source Categories\u201d listed in the portion of Table F-1 in appendix F of this part describing the sources of NO X  emissions covered by the petition of the State of New York.\n\n(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 NO X  emissions for which the Administrator is making section 126(b) findings under paragraph (g)(1) of this section are:\n\n(i) Delaware.\n\n(ii) District of Columbia.\n\n(iii) Portion of Indiana located in OTAG Subregions 2 and 6, as shown in appendix F, Figure F-6, of this part.\n\n(iv) Portion of Kentucky located in OTAG Subregion 6, as shown in appendix F, Figure F-6, of this part.\n\n(v) Maryland.\n\n(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.\n\n(vii) Portion of North Carolina located in OTAG Subregions 6 and 7, as shown in appendix F, Figure F-6, of this part.\n\n(viii) New Jersey.\n\n(ix) Ohio.\n\n(x) Pennsylvania.\n\n(xi) Virginia.\n\n(xii) West Virginia.\n\n(h)  Section 126(b) findings and affirmative technical determinations relating to impacts on ozone levels in the State of Pennsylvania \u2014(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 NO X  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:\n\n(i) In a category of large EGUs or large non-EGUs;\n\n(ii) Located in one of the States (or portions thereof) listed in paragraph (h)(2) of this section; and (iii) Within one of the \u201cNamed Source Categories\u201d listed in the portion of Table F-1 in appendix F of this part describing the sources of NO X  emissions covered by the petition of the State of Pennsylvania.\n\n(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 NO X  emissions for which the Administrator is making section 126(b) findings under paragraph (h)(1) of this section are:\n\n(i) North Carolina.\n\n(ii) Ohio.\n\n(iii) Virginia.\n\n(iv) West Virginia.\n\n(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 NO X  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:\n\n(i) In a category of large EGUs or large non-EGUs;\n\n(ii) Located in one of the States (or portions thereof) listed in paragraph (h)(4) of this section; and\n\n(iii) Within one of the \u201cNamed Source Categories\u201d listed in the portion of Table F-1 in appendix F of this part describing the sources of NO X  emissions covered by the petition of the State of Pennsylvania.\n\n(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:\n\n(i) Alabama.\n\n(ii) Illinois.\n\n(iii) Indiana.\n\n(iv) Kentucky.\n\n(v) Michigan.\n\n(vi) Missouri.\n\n(vii) North Carolina.\n\n(viii) Ohio.\n\n(ix) Tennessee.\n\n(x) Virginia.\n\n(xi) West Virginia.\n\n(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 \u00a7\u00a7 51.121 and 51.122 of this chapter for such State.\n\n(j)  Section 126 control remedy.  The Federal NO X  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.\n\n(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.31", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.35", "\u00a7 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?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "(a)(1) The Federal CAIR NO X  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 (NO X ). Each State that is described in \u00a7 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 PM 2.5  NAAQS. The provisions of subparts AA through II of part 97 of this chapter, regarding the CAIR NO X  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 PM 2.5  relating to NO X  under \u00a7 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 \u00a7 51.123(p) of this chapter.\n\n(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 NO X  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 NO X  allowances for those years shall continue to apply, unless the Administrator approves a SIP that provides for the allocation of the remaining CAIR NO X  allowances for those years.\n\n(b)(1) The Federal CAIR NO X  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 (NO X ) during the ozone season, as defined in \u00a7 97.302 of this chapter. Each State that is described in \u00a7 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 NO X  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 NO X  under \u00a7 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 \u00a7 51.123(ee) of this chapter.\n\n(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 NO X  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 NO X  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 NO X  Ozone Season allowances for those years.\n\n(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 \u00a7\u00a7 51.123 and 51.125 of this chapter.\n\n(d)(1) The States with SIPs approved by the Administrator as meeting the requirements of CAIR for PM 2.5  relating to NO X  under \u00a7 51.123(o) of this chapter are: Indiana, and Ohio.\n\n(2) The States with SIPs approved by the Administrator as meeting the requirements of CAIR for ozone relating to NO X  under \u00a7 51.123(aa) of this chapter, are: Indiana, and Ohio.\n\n(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 \u00a7 52.1240(b).\n\n(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:\n\n(1) With regard to any control period that begins after December 31, 2014,\n\n(i) The provisions in paragraphs (a) through (d) of this section relating to NO X  annual or ozone season emissions shall not be applicable; and\n\n(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;\n\n(2) The Administrator will not deduct for excess emissions any CAIR NO X  allowances or CAIR NO X  Ozone Season allowances allocated for 2015 or any year thereafter;\n\n(3) By March 3, 2015, the Administrator will remove from the CAIR NO X  Allowance Tracking System accounts all CAIR NO X  allowances allocated for a control period in 2015 and any subsequent year, and, thereafter, no holding or surrender of CAIR NO X  allowances will be required with regard to emissions or excess emissions for such control periods; and\n\n(4) By March 3, 2015, the Administrator will remove from the CAIR NO X  Ozone Season Allowance Tracking System accounts all CAIR NO X  Ozone Season allowances allocated for a control period in 2015 and any subsequent year, and, thereafter, no holding or surrender of CAIR NO X  allowances will be required with regard to emissions or excess emissions for such control periods."], ["40:40:3.0.1.1.1.1.1.32", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.36", "\u00a7 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?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "(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 (SO 2 ). Each State that is described in \u00a7 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 PM 2.5  NAAQS. The provisions of subparts AAA through III of part 97 of this chapter, regarding the CAIR SO 2  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 PM 2.5  relating to SO 2  under \u00a7 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 \u00a7 51.124(r) of this chapter.\n\n(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 \u00a7\u00a7 51.124 and 51.125 of this chapter.\n\n(c) The States with SIPs approved by the Administrator as meeting the requirements of CAIR for PM 2.5  relating to SO 2  under \u00a7 51.124(o) of this chapter are: Indiana, and Ohio\n\n(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.\n\n(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:\n\n(1) With regard to any control period that begins after December 31, 2014,\n\n(i) The provisions of paragraphs (a) through (c) of this section relating to SO 2  emissions shall not be applicable; and\n\n(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\n\n(2) The Administrator will not deduct for excess emissions any CAIR SO 2  allowances allocated for 2015 or any year thereafter."], ["40:40:3.0.1.1.1.1.1.33", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.37", "\u00a7 52.37 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.1.1.34", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.38", "\u00a7 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?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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; 84 FR 66318, Dec. 4, 2019; 85 FR 7452, Feb. 10, 2020; 86 FR 23164, Apr. 30, 2021; 87 FR 52479, Aug. 26, 2022; 88 FR 36860, June 5, 2023; 88 FR 49302, July 31, 2023; 88 FR 67107, Sept. 29, 2023; 89 FR 87968, Nov. 6, 2024]", "(a)  NO X   annual emissions \u2014(1)  General requirements.  The CSAPR NO X  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 (NO X ) for sources meeting the applicability criteria set forth in subpart AAAAA, except as otherwise provided in this section.\n\n(2)  Applicability of CSAPR NO X   Annual Trading Program provisions.  (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.\n\n(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.\n\n(3)  State-determined allocations of CSAPR NO X   Annual allowances for 2016.  A State listed in paragraph (a)(2) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR NO X  Annual allowance allocation provisions replacing the provisions in \u00a7 97.411(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2016, a list of CSAPR NO X  Annual units and the amount of CSAPR NO X  Annual allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:\n\n(i) All of the units on the list must be units that are in the State and areas of Indian country within the borders of the State subject to the State's SIP authority and that commenced commercial operation before January 1, 2010;\n\n(ii) The total amount of CSAPR NO X  Annual allowance allocations on the list must not exceed the amount, under \u00a7 97.410(a) of this chapter for the State and the control period in 2016, of the CSAPR NO X  Annual trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;\n\n(iii) The list must be submitted electronically in a format specified by the Administrator; and\n\n(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;\n\n(v) Provided that:\n\n(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\n\n(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.\n\n(4)  Abbreviated SIP revisions replacing certain provisions of the federal CSAPR NO X   Annual Trading Program.  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 replacing specified provisions of subpart AAAAA of part 97 of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, and not substantively replacing any other provisions, as follows:\n\n(i) The State may adopt, as CSAPR NO X  Annual allowance allocation or auction provisions replacing the provisions in \u00a7\u00a7 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 NO X  Annual allowances, and may adopt, in addition to the definitions in \u00a7 97.402 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR NO X  Annual allowance allocation or auction provisions, if such methodology\u2014\n\n(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NO X  Annual allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.410(a) and 97.421 of this chapter for the State and such control period, of the CSAPR NO X  Annual trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NO X  Annual allowances already allocated and recorded by the Administrator;\n\n(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Annual allowances for any such control period to any CSAPR NO X  Annual units covered by \u00a7 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 NO X  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 dates in Table 1 to this paragraph;\n\nTable 1 to Paragraph ( a )(4)( i )(B)\n\n(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Annual allowances for any such control period to any CSAPR NO X  Annual units covered by \u00a7\u00a7 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 NO X  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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;\n\n(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 deadline for submission of allocations or auction results under paragraph (a)(4)(i)(B) 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.\n\n(5)  Full SIP revisions adopting State CSAPR NO X   Annual Trading Programs.  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 and areas of Indian country within the borders of the State subject to the State's SIP authority, regulations that are substantively identical to the provisions of the CSAPR NO X  Annual Trading Program set forth in \u00a7\u00a7 97.402 through 97.435 of this chapter, except that the SIP revision:\n\n(i) May adopt, as CSAPR NO X  Annual allowance allocation or auction provisions replacing the provisions in \u00a7\u00a7 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 NO X  Annual allowances and that\u2014\n\n(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NO X  Annual allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.410(a) and 97.421 of this chapter for the State and such control period, of the CSAPR NO X  Annual trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NO X  Annual allowances already allocated and recorded by the Administrator;\n\n(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Annual allowances for any such control period to any CSAPR NO X  Annual units covered by \u00a7 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 NO X  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 dates in Table 2 to this paragraph;\n\nTable 2 to Paragraph ( a )(5)( i )(B)\n\n(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Annual allowances for any such control period to any CSAPR NO X  Annual units covered by \u00a7\u00a7 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 NO X  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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;\n\n(ii) May adopt, in addition to the definitions in \u00a7 97.402 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR NO X  Annual allowance allocation or auction provisions adopted under paragraph (a)(5)(i) of this section;\n\n(iii) May substitute the name of the State for the term \u201cState\u201d 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 \u00a7\u00a7 97.402 through 97.435 of this chapter; and\n\n(iv) Must not include any of the requirements imposed on any unit in areas of Indian country within the borders of the State not subject to the State's SIP authority in the provisions in \u00a7\u00a7 97.402 through 97.435 of this chapter and must not include the provisions in \u00a7\u00a7 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;\n\n(v) Provided that, if and when any covered unit is located in areas of Indian country within the borders of the State not subject to the State's SIP authority, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in \u00a7\u00a7 97.402 (definitions of \u201ccommon designated representative\u201d, \u201ccommon designated representative's assurance level\u201d, and \u201ccommon designated representative's share\u201d), 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; and\n\n(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 deadline for submission of allocations or auction results under paragraph (a)(5)(i)(B) 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.\n\n(6)  Withdrawal of CSAPR FIP provisions relating to NO X   annual emissions.  Except as provided in paragraph (a)(7) of this section, 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 and Indian country within the borders of the State subject to the State's SIP authority, the provisions of paragraph (a)(2)(i) of this section will no longer apply to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, unless the Administrator's approval of the SIP revision is partial or conditional, and will continue to apply to sources in areas of Indian country within the borders of the State not subject to the State's SIP authority, 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.\n\n(7)  Continued applicability of certain federal trading program provisions for NO X   annual emissions.  (i) Notwithstanding the provisions of paragraph (a)(6) of this section or any State's SIP, when carrying out the functions of the Administrator under any State CSAPR NO X  Annual Trading Program pursuant to a SIP revision approved under this section, the Administrator will apply the following provisions of this section, as amended, and the following provisions of subpart AAAAA of part 97 of this chapter, as amended, with regard to the State and any source subject to such State trading program:\n\n(A) The definitions in \u00a7 97.402 of this chapter;\n\n(B) The provisions in \u00a7 97.410(a) of this chapter (concerning in part the amounts of the new unit set-asides);\n\n(C) The provisions in \u00a7\u00a7 97.411(b)(1) and 97.412(a) of this chapter (concerning the procedures for administering the new unit set-asides), except where the State allocates or auctions CSAPR NO X  Annual allowances under an approved SIP revision;\n\n(D) The provisions in \u00a7 97.411(c)(5) of this chapter (concerning the disposition of incorrectly allocated CSAPR NO X  Annual allowances);\n\n(E) The provisions in \u00a7 97.421(f), (g), and (i) of this chapter (concerning the deadlines for recordation of allocations or auctions of CSAPR NO X  Annual allowances) and the provisions in paragraphs (a)(4)(i)(B) and (C) and (a)(5)(i)(B) and (C) of this section (concerning the deadlines for submission to the Administrator of State-determined allocations or auction results); and\n\n(F) The provisions in \u00a7 97.425(b) of this chapter (concerning the procedures for administering the assurance provisions).\n\n(ii) Notwithstanding the provisions of paragraph (a)(6) of this section, if, at the time of any approval of a State's SIP revision under this section, the Administrator has already started recording any allocations of CSAPR NO X  Annual allowances under subpart AAAAA of part 97 of this chapter to units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for a control period in any year, the provisions of subpart AAAAA authorizing the Administrator to complete the allocation and recordation of such allowances to such units for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.\n\n(iii) Notwithstanding any discontinuation pursuant to paragraph (a)(2)(ii) or (a)(6) of this section of the applicability of subpart AAAAA of part 97 of this chapter to the sources in a State and areas of Indian country within the borders of the State subject to the State's SIP authority with regard to emissions occurring in any control period, the following provisions shall continue to apply with regard to all CSAPR NO X  Annual allowances at any time allocated for any control period to any source or other entity in the State and areas of Indian country within the borders of the State subject to the State's SIP authority and shall apply to all entities, wherever located, that at any time held or hold such allowances:\n\n(A) The provisions of \u00a7 97.426(c) of this chapter (concerning the transfer of CSAPR NO X  Annual allowances between certain Allowance Management System accounts under common control).\n\n(B) [Reserved]\n\n(8)  States with approved SIP revisions addressing the CSAPR NO X   Annual Trading Program.  The following States have SIP revisions approved by the Administrator under paragraph (a)(3), (4), or (5) of this section:\n\n(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 NO X  Annual allowance allocation provisions in \u00a7 97.411(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2016: Alabama, Kansas, Missouri, and Nebraska.\n\n(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 NO X  Annual allowance allocation provisions in \u00a7\u00a7 97.411(a) and (b)(1) and 97.412(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2017 or any subsequent year: Kansas, Missouri, and New York.\n\n(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 and areas of Indian country within the borders of the State subject to the State's SIP authority: Alabama, Georgia, Indiana, Kentucky, Missouri, and South Carolina.\n\n(b)  NO X   ozone season emissions \u2014(1)  General requirements.  The CSAPR NO X  Ozone Season Group 1 Trading Program provisions, the CSAPR NO X  Ozone Season Group 2 Trading Program provisions, and the CSAPR NO X  Ozone Season Group 3 Trading Program provisions set forth respectively in subparts BBBBB, EEEEE, and GGGGG of part 97 of this chapter constitute the CSAPR Federal Implementation Plan provisions that relate to emissions of NO X  during the ozone season (defined as May 1 through September 30 of a calendar year) for sources meeting the applicability criteria set forth in subparts BBBBB, EEEEE, and GGGGG, except as otherwise provided in this section.\n\n(2)  Applicability of CSAPR NO X   Ozone Season Group 1, Group 2, and Group 3 Trading Program provisions.  (i)(A) 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.\n\n(B) 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, except as provided in paragraph (b)(14)(iii) of this section: 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.\n\n(ii)(A) 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: Iowa, Kansas, and Tennessee.\n\n(B) 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 through 2020 only, except as provided in paragraph (b)(14)(iii) of this section: Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia.\n\n(C) 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 through 2022 only, except as provided in paragraph (b)(14)(iii) of this section: Alabama, Arkansas, Mississippi, Missouri, Oklahoma, Texas, and Wisconsin.\n\n(D) Notwithstanding any other provision of this part:\n\n( 1 ) While a stay under paragraph (b)(2)(iii)(D)( 1 ) or ( 4 ) of this section is in effect for the sources in a State and Indian country located within the borders of such State with regard to emissions occurring in a control period in a given year\u2014\n\n( i ) The provisions of subpart EEEEE of part 97 of this chapter (as modified in any approval after November 6, 2024 of a SIP revision for such State by the Administrator under paragraph (b)(8) of this section) or the provisions of a SIP revision approved after November 6, 2024 for such State by the Administrator under paragraph (b)(9) of this section, if any, shall apply to the sources in such State and areas of Indian country within the borders of such State subject to the State's SIP authority, and the provisions of subpart EEEEE of part 97 of this chapter shall apply to the sources in areas of Indian country within the borders of such State not subject to the State's SIP authority, with regard to emissions occurring in such control period; and\n\n( ii ) Such State shall be deemed to be listed in this paragraph (b)(2)(ii)(D)( 1 ) for purposes of this part and part 97 of this chapter.\n\n( 2 ) While a stay under paragraph (b)(2)(iii)(D)( 2 ) or ( 5 ) of this section is in effect for the sources in a State and Indian country located within the borders of such State with regard to emissions occurring in a control period in a given year\u2014\n\n( i ) The provisions of subpart EEEEE of part 97 of this chapter (as modified in any approval of a SIP revision for such State by the Administrator under paragraph (b)(8) of this section) or the provisions of a SIP revision approved for such State by the Administrator under paragraph (b)(9) of this section, if any, shall apply to the sources in such State and areas of Indian country within the borders of such State subject to the State's SIP authority, and the provisions of subpart EEEEE of part 97 of this chapter shall apply to the sources in areas of Indian country within the borders of such State not subject to the State's SIP authority, with regard to emissions occurring in such control period; and\n\n( ii ) Such State shall be deemed to be listed in this paragraph (b)(2)(ii)(D)( 2 ) for purposes of this part and part 97 of this chapter.\n\n(iii)(A) The provisions of subpart GGGGG 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 2021 and each subsequent year: Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, Virginia, and West Virginia.\n\n(B) The provisions of subpart GGGGG 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 2023 and each subsequent year: Alabama, Arkansas, Mississippi, Missouri, Oklahoma, Texas, and Wisconsin.\n\n(C) The provisions of subpart GGGGG 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 on and after August 4, 2023, and in each subsequent year: Minnesota, Nevada, and Utah.\n\n(D) Notwithstanding any other provision of this part:\n\n( 1 ) The effectiveness of paragraph (b)(2)(iii)(A) of this section is stayed for sources in Kentucky, Louisiana, and West Virginia and Indian country located within the borders of such States with regard to emissions occurring in 2023 and thereafter. While a stay under this paragraph (b)(2)(iii)(D)( 1 ) is in effect for a State, such State shall be deemed not to be listed in paragraph (b)(2)(iii)(A) of this section for purposes of part 97 of this chapter for a control period after 2022.\n\n( 2 ) The effectiveness of paragraph (b)(2)(iii)(B) of this section is stayed for sources in Alabama, Arkansas, Mississippi, Missouri, Oklahoma, and Texas and Indian country located within the borders of such States with regard to emissions occurring in 2023 and thereafter. While a stay under this paragraph (b)(2)(iii)(D)( 2 ) is in effect for a State, such State shall be deemed not to be listed in paragraph (b)(2)(iii)(B) of this section for purposes of part 97 of this chapter.\n\n( 3 ) The effectiveness of paragraph (b)(2)(iii)(C) of this section is stayed for sources in Minnesota, Nevada, and Utah and Indian country located within the borders of such States with regard to emissions occurring in 2023 and thereafter. While a stay under this paragraph (b)(2)(iii)(D)( 3 ) is in effect for a State, such State shall be deemed not to be listed in paragraph (b)(2)(iii)(C) of this section for purposes of part 97 of this chapter.\n\n( 4 ) The effectiveness of paragraph (b)(2)(iii)(A) of this section is stayed for sources in Illinois, Indiana, Maryland, Michigan, New Jersey, New York, Ohio, Pennsylvania, and Virginia and Indian country located within the borders of such States with regard to emissions occurring in 2024 and thereafter. While a stay under this paragraph (b)(2)(iii)(D)( 4 ) is in effect for a State, such State shall be deemed not to be listed in paragraph (b)(2)(iii)(A) of this section for purposes of part 97 of this chapter for a control period after 2023.\n\n( 5 ) The effectiveness of paragraph (b)(2)(iii)(B) of this section is stayed for sources in Wisconsin and Indian country located within the borders of such State with regard to emissions occurring in 2024 and thereafter. While a stay under this paragraph (b)(2)(iii)(D)( 5 ) is in effect for a State, such State shall be deemed not to be listed in paragraph (b)(2)(iii)(B) of this section for purposes of part 97 of this chapter for a control period after 2023.\n\n(3)  State-determined allocations of CSAPR NO X   Ozone Season Group 1 allowances for 2016.  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 CSAPR NO X  Ozone Season Group 1 allowance allocation provisions replacing the provisions in \u00a7 97.511(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2016, a list of CSAPR NO X  Ozone Season Group 1 units and the amount of CSAPR NO X  Ozone Season Group 1 allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:\n\n(i) All of the units on the list must be units that are in the State and areas of Indian country within the borders of the State subject to the State's SIP authority and that commenced commercial operation before January 1, 2010;\n\n(ii) The total amount of CSAPR NO X  Ozone Season Group 1 allowance allocations on the list must not exceed the amount, under \u00a7 97.510(a) of this chapter for the State and the control period in 2016, of the CSAPR NO X  Ozone Season Group 1 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;\n\n(iii) The list must be submitted electronically in a format specified by the Administrator; and\n\n(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;\n\n(v) Provided that:\n\n(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\n\n(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.\n\n(4)  Abbreviated SIP revisions replacing certain provisions of the Federal CSAPR NO X   Ozone Season Group 1 Trading Program.  A State listed in paragraph (b)(2)(i)(A) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations replacing specified provisions of subpart BBBBB of part 97 of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, and not substantively replacing any other provisions, as follows:\n\n(i) [Reserved]\n\n(ii) The State may adopt, as CSAPR NO X  Ozone Season Group 1 allowance allocation or auction provisions replacing the provisions in \u00a7\u00a7 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 NO X  Ozone Season Group 1 allowances, and may adopt, in addition to the definitions in \u00a7 97.502 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR NO X  Ozone Season Group 1 allowance allocation or auction provisions, if such methodology\u2014\n\n(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NO X  Ozone Season Group 1 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.510(a) and 97.521 of this chapter for the State and such control period, of the CSAPR NO X  Ozone Season Group 1 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NO X  Ozone Season Group 1 allowances already allocated and recorded by the Administrator;\n\n(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 1 allowances for any such control period to any CSAPR NO X  Ozone Season Group 1 units covered by \u00a7 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 NO X  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 dates in Table 3 to this paragraph;\n\nTable 3 to Paragraph ( b )(4)( ii )(B)\n\n(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 1 allowances for any such control period to any CSAPR NO X  Ozone Season Group 1 units covered by \u00a7\u00a7 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 NO X  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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;\n\n(iii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (b)(4)(ii) of this section by December 1 of the year before the year of the deadline for submission of allocations or auction results under paragraph (b)(4)(ii)(B) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (b)(4)(ii) of this section.\n\n(5)  Full SIP revisions adopting State CSAPR NO X   Ozone Season Group 1 Trading Programs.  A State listed in paragraph (b)(2)(i)(A) 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 and areas of Indian country within the borders of the State subject to the State's SIP authority, regulations that are substantively identical to the provisions of the CSAPR NO X  Ozone Season Group 1 Trading Program set forth in \u00a7\u00a7 97.502 through 97.535 of this chapter, except that the SIP revision:\n\n(i) [Reserved]\n\n(ii) May adopt, as CSAPR NO X  Ozone Season Group 1 allowance allocation provisions replacing the provisions in \u00a7\u00a7 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 NO X  Ozone Season Group 1 allowances and that\u2014\n\n(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NO X  Ozone Season Group 1 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.510(a) and 97.521 of this chapter for the State and such control period, of the CSAPR NO X  Ozone Season Group 1 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NO X  Ozone Season Group 1 allowances already allocated and recorded by the Administrator;\n\n(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 1 allowances for any such control period to any CSAPR NO X  Ozone Season Group 1 units covered by \u00a7 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 NO X  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 dates in Table 4 to this paragraph;\n\nTable 4 to Paragraph  (b)(5)(ii)(B)\n\n(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 1 allowances for any such control period to any CSAPR NO X  Ozone Season Group 1 units covered by \u00a7\u00a7 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 NO X  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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;\n\n(iii) May adopt, in addition to the definitions in \u00a7 97.502 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR NO X  Ozone Season Group 1 allowance allocation or auction provisions adopted under paragraph (b)(5)(ii) of this section;\n\n(iv) May substitute the name of the State for the term \u201cState\u201d 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 \u00a7\u00a7 97.502 through 97.535 of this chapter; and\n\n(v) Must not include any of the requirements imposed on any unit in areas of Indian country within the borders of the State not subject to the State's SIP authority in the provisions in \u00a7\u00a7 97.502 through 97.535 of this chapter and must not include the provisions in \u00a7\u00a7 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;\n\n(vi) Provided that, if and when any covered unit is located in areas of Indian country within the borders of the State not subject to the State's SIP authority, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in \u00a7\u00a7 97.502 (definitions of \u201ccommon designated representative\u201d, \u201ccommon designated representative's assurance level\u201d, and \u201ccommon designated representative's share\u201d), 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; and\n\n(vii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraphs (b)(5)(ii) through (v) of this section by December 1 of the year before the year of the deadline for submission of allocations or auction results under paragraph (b)(5)(ii)(B) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (b)(5)(ii) of this section.\n\n(6) [Reserved]\n\n(7)  State-determined allocations of CSAPR NO X   Ozone Season Group 2 allowances for 2018.  A State listed in paragraph (b)(2)(ii) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR NO X  Ozone Season Group 2 allowance allocation provisions replacing the provisions in \u00a7 97.811(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2018, a list of CSAPR NO X  Ozone Season Group 2 units and the amount of CSAPR NO X  Ozone Season Group 2 allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:\n\n(i) All of the units on the list must be units that are in the State and areas of Indian country within the borders of the State subject to the State's SIP authority and that commenced commercial operation before January 1, 2015;\n\n(ii) The total amount of CSAPR NO X  Ozone Season Group 2 allowance allocations on the list must not exceed the amount, under \u00a7 97.810(a) of this chapter for the State and the control period in 2018, of the CSAPR NO X  Ozone Season Group 2 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;\n\n(iii) The list must be submitted electronically in a format specified by the Administrator; and\n\n(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;\n\n(v) Provided that:\n\n(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\n\n(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.\n\n(8)  Abbreviated SIP revisions replacing certain provisions of the Federal CSAPR NO X   Ozone Season Group 2 Trading Program.  A State listed in paragraph (b)(2)(ii) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations replacing specified provisions of subpart EEEEE of part 97 of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, and not substantively replacing any other provisions, as follows:\n\n(i)-(ii) [Reserved]\n\n(iii) The State may adopt, as CSAPR NO X  Ozone Season Group 2 allowance allocation or auction provisions replacing the provisions in \u00a7\u00a7 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 NO X  Ozone Season Group 2 allowances and may adopt, in addition to the definitions in \u00a7 97.802 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR NO X  Ozone Season Group 2 allowance allocation or auction provisions, if such methodology\u2014\n\n(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NO X  Ozone Season Group 2 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.810(a) and 97.821 of this chapter for the State and such control period, of the CSAPR NO X  Ozone Season Group 2 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NO X  Ozone Season Group 2 allowances already allocated and recorded by the Administrator;\n\n(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 2 allowances for any such control period to any CSAPR NO X  Ozone Season Group 2 units covered by \u00a7 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 NO X  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 dates in Table 5 to this paragraph;\n\nTable 5 to Paragraph ( b )(8)( iii )(B)\n\n(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 2 allowances for any such control period to any CSAPR NO X  Ozone Season Group 2 units covered by \u00a7\u00a7 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 NO X  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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 \u00a7 97.526(d) of this chapter;\n\n(iv) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (b)(8)(iii) of this section by December 1 of the year before the year of the deadline for submission of allocations or auction results under paragraph (b)(8)(iii)(B) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (b)(8)(iii) of this section.\n\n(9)  Full SIP revisions adopting State CSAPR NO X   Ozone Season Group 2 Trading Programs.  A State listed in paragraph (b)(2)(ii) 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)(ii), and (b)(7) and (8) of this section with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, regulations that are substantively identical to the provisions of the CSAPR NO X  Ozone Season Group 2 Trading Program set forth in \u00a7\u00a7 97.802 through 97.835 of this chapter, except that the SIP revision:\n\n(i)-(ii) [Reserved]\n\n(iii) May adopt, as CSAPR NO X  Ozone Season Group 2 allowance allocation provisions replacing the provisions in \u00a7\u00a7 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 NO X  Ozone Season Group 2 allowances and that\u2014\n\n(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NO X  Ozone Season Group 2 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.810(a) and 97.821 of this chapter for the State and such control period, of the CSAPR NO X  Ozone Season Group 2 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR NO X  Ozone Season Group 2 allowances already allocated and recorded by the Administrator;\n\n(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 2 allowances for any such control period to any CSAPR NO X  Ozone Season Group 2 units covered by \u00a7 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 NO X  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 dates in Table 6 to this paragraph;\n\nTable 6 to Paragraph ( b )(9)( iii )(B)\n\n(C) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 2 allowances for any such control period to any CSAPR NO X  Ozone Season Group 2 units covered by \u00a7\u00a7 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 NO X  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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 \u00a7 97.526(d) of this chapter;\n\n(iv) May adopt, in addition to the definitions in \u00a7 97.802 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR NO X  Ozone Season Group 2 allowance allocation or auction provisions adopted under paragraph (b)(9)(iii) of this section;\n\n(v) May substitute the name of the State for the term \u201cState\u201d 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 \u00a7\u00a7 97.802 through 97.835 of this chapter; and\n\n(vi) Must not include any of the requirements imposed on any unit in areas of Indian country within the borders of the State not subject to the State's SIP authority in the provisions in \u00a7\u00a7 97.802 through 97.835 of this chapter and must not include the provisions in \u00a7\u00a7 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;\n\n(vii) Provided that, if and when any covered unit is located in areas of Indian country within the borders of the State not subject to the State's SIP authority, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in \u00a7\u00a7 97.802 (definitions of \u201ccommon designated representative\u201d, \u201ccommon designated representative's assurance level\u201d, and \u201ccommon designated representative's share\u201d), 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 \u00a7\u00a7 97.802, 97.806(c)(2), and 97.825 and may modify any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision to include these provisions; and\n\n(viii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraphs (b)(9)(iii) through (vi) of this section by December 1 of the year before the year of the deadline for submission of allocations or auction results under paragraph (b)(9)(iii)(B) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (b)(9)(iii) of this section.\n\n(10)  State-determined allocations of CSAPR NO X   Ozone Season Group 3 allowances for 2024.  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 NO X  Ozone Season Group 3 allowance allocation provisions replacing the provisions in \u00a7 97.1011(a)(1) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2024, a list of CSAPR NO X  Ozone Season Group 3 units and the amount of CSAPR NO X  Ozone Season Group 3 allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:\n\n(i) All of the units on the list must be units that are in the State and areas of Indian country within the borders of the State subject to the State's SIP authority and that commenced commercial operation before January 1, 2021;\n\n(ii) The total amount of CSAPR NO X  Ozone Season Group 3 allowance allocations on the list must not exceed the amount, under \u00a7 97.1010 of this chapter for the State and the control period in 2024, of the CSAPR NO X  Ozone Season Group 3 trading budget minus the sum of the Indian country existing unit set-aside and the new unit set-aside;\n\n(iii) The list must be submitted electronically in a format specified by the Administrator; and\n\n(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 GGGGG of part 97 of this chapter;\n\n(v) Provided that:\n\n(A) By August 4, 2023, 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)(10)(i) through (iv) of this section by September 1, 2023; and\n\n(B) The State must submit to the Administrator a complete SIP revision described in paragraph (b)(10)(v)(A) of this section by September 1, 2023.\n\n(11)  Abbreviated SIP revisions replacing certain provisions of the Federal CSAPR NO X   Ozone Season Group 3 Trading Program.  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 replacing specified provisions of subpart GGGGG of part 97 of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, and not substantively replacing any other provisions, as follows:\n\n(i)-(ii) [Reserved]\n\n(iii) The State may adopt, as CSAPR NO X  Ozone Season Group 3 allowance allocation or auction provisions replacing the provisions in \u00a7 97.1011(a)(1) of this chapter with regard to the State and the control period in 2025 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NO X  Ozone Season Group 3 allowances and may adopt, in addition to the definitions in \u00a7 97.1002 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR NO X  Ozone Season Group 3 allowance allocation or auction provisions, if such methodology\u2014\n\n(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NO X  Ozone Season Group 3 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.1010 and 97.1021 of this chapter for the State and such control period, of the CSAPR NO X  Ozone Season Group 3 trading budget minus the sum of the Indian country existing unit set-aside, the new unit set-aside, and the amount of any CSAPR NO X  Ozone Season Group 3 allowances already allocated and recorded by the Administrator;\n\n(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 3 allowances for any such control period to any CSAPR NO X  Ozone Season Group 3 units covered by \u00a7 97.1011(a)(1) 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 NO X  Ozone Season Group 3 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by June 1 of the year before the year of such control period; and\n\n(C) [Reserved]\n\n(D) Does not provide for any change, after the submission deadlines in paragraph (b)(11)(iii)(B) 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 GGGGG of part 97 of this chapter or \u00a7 97.526(d) or \u00a7 97.826(d) or (e) of this chapter;\n\n(iv) Provided that the State must submit a complete SIP revision meeting the requirements of paragraph (b)(11)(iii) of this section by December 1 of the year before the year of the deadline for submission of allocations or auction results under paragraph (b)(11)(iii)(B) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (b)(11)(iii) of this section.\n\n(12)  Full SIP revisions adopting State CSAPR NO X   Ozone Season Group 3 Trading Programs.  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)(10) and (11) of this section with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, regulations that are substantively identical to the provisions of the CSAPR NO X  Ozone Season Group 3 Trading Program set forth in \u00a7\u00a7 97.1002 through 97.1035 of this chapter, except that the SIP revision:\n\n(i)-(ii) [Reserved]\n\n(iii) May adopt, as CSAPR NO X  Ozone Season Group 3 allowance allocation provisions replacing the provisions in \u00a7 97.1011(a)(1) of this chapter with regard to the State and the control period in 2025 or any subsequent year, any methodology under which the State or the permitting authority allocates or auctions CSAPR NO X  Ozone Season Group 3 allowances and that\u2014\n\n(A) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR NO X  Ozone Season Group 3 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.1010 and 97.1021 of this chapter for the State and such control period, of the CSAPR NO X  Ozone Season Group 3 trading budget minus the sum of the Indian country existing unit set-aside, the new unit set-aside, and the amount of any CSAPR NO X  Ozone Season Group 3 allowances already allocated and recorded by the Administrator;\n\n(B) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR NO X  Ozone Season Group 3 allowances for any such control period to any CSAPR NO X  Ozone Season Group 3 units covered by \u00a7 97.1011(a)(1) 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 NO X  Ozone Season Group 3 allowances remaining in a set-aside after completion of the allocations or auctions for which the set-aside was created) to the Administrator by June 1 of the year before the year of such control period; and\n\n(C) [Reserved]\n\n(D) Does not provide for any change, after the submission deadlines in paragraph (b)(12)(iii)(B) 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 GGGGG of part 97 of this chapter or \u00a7 97.526(d) or \u00a7 97.826(d) or (e) of this chapter;\n\n(iv) May adopt, in addition to the definitions in \u00a7 97.1002 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR NO X  Ozone Season Group 3 allowance allocation or auction provisions adopted under paragraph (b)(12)(iii) of this section;\n\n(v) May substitute the name of the State for the term \u201cState\u201d as used in subpart GGGGG of part 97 of this chapter, to the extent the Administrator determines that such substitutions do not make substantive changes in the provisions in \u00a7\u00a7 97.1002 through 97.1035 of this chapter; and\n\n(vi) Must not include any of the requirements imposed on any unit in areas of Indian country within the borders of the State not subject to the State's SIP authority in the provisions in \u00a7\u00a7 97.1002 through 97.1035 of this chapter and must not include the provisions in \u00a7\u00a7 97.1011(a)(2), 97.1012, and 97.1021(g) through (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;\n\n(vii) Provided that, if before the Administrator's approval of the SIP revision any covered unit is located in areas of Indian country within the borders of the State not subject to the State's SIP authority before the Administrator's approval of the SIP revision, the SIP revision must exclude the provisions in \u00a7\u00a7 97.1002 (definitions of \u201ccommon designated representative\u201d, \u201ccommon designated representative's assurance level\u201d, and \u201ccommon designated representative's share\u201d), 97.1006(c)(2), and 97.1025 of this chapter and the portions of other provisions of subpart GGGGG of part 97 of this chapter referencing \u00a7\u00a7 97.1002, 97.1006(c)(2), and 97.1025, and further provided that, if and when after the Administrator's approval of the SIP revision any covered unit is located in areas of Indian country within the borders of the State not subject to the State's SIP authority, the Administrator may modify his or her approval of the SIP revision to exclude these provisions and may modify any portion of the CSAPR Federal Implementation Plan that is not replaced by the SIP revision to include these provisions; and\n\n(viii) Provided that the State must submit a complete SIP revision meeting the requirements of paragraphs (b)(12)(iii) through (vi) of this section by December 1 of the year before the year of the deadline for submission of allocations or auction results under paragraph (b)(12)(iii)(B) of this section applicable to the first control period for which the State wants to make allocations or hold an auction under paragraph (b)(12)(iii) of this section.\n\n(13)  Withdrawal of CSAPR FIP provisions relating to NO X   ozone season emissions; satisfaction of NO X   SIP Call requirements.  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, paragraphs (b)(1), (b)(2)(ii), and (b)(7) and (8) of this section, or paragraphs (b)(1), (b)(2)(iii), and (b)(10) and (11) of this section for sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority\u2014\n\n(i) Except as provided in paragraph (b)(14) of this section, the provisions of paragraph (b)(2)(i), (ii), or (iii) of this section, as applicable, will no longer apply to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, unless the Administrator's approval of the SIP revision is partial or conditional, and will continue to apply to sources in areas of Indian country within the borders of the State not subject to the State's SIP authority, 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\n\n(ii) For a State listed in \u00a7 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 the requirement under \u00a7 51.121(r)(2) of this chapter for the State to revise its SIP to adopt control measures with regard to such sources, provided that the Administrator and the State continue to carry out their respective functions under such regulations.\n\n(14)  Continued applicability of certain federal trading program provisions for NO X   ozone season emissions.  (i) Notwithstanding the provisions of paragraph (b)(13)(i) of this section or any State's SIP, when carrying out the functions of the Administrator under any State CSAPR NO X  Ozone Season Group 1 Trading Program or State CSAPR NO X  Ozone Season Group 2 Trading Program pursuant to a SIP revision approved under this section, the Administrator will apply the following provisions of this section, as amended, and the following provisions of subpart BBBBB of part 97 of this chapter, as amended, or subpart EEEEE of part 97 of this chapter, as amended, with regard to the State and any source subject to such State trading program:\n\n(A) The definitions in \u00a7 97.502 of this chapter or \u00a7 97.802 of this chapter;\n\n(B) The provisions in \u00a7 97.510(a) of this chapter (concerning in part the amounts of the new unit set-asides);\n\n(C) The provisions in \u00a7\u00a7 97.511(b)(1) and 97.512(a) of this chapter or \u00a7\u00a7 97.811(b)(1) and 97.812(a) of this chapter (concerning the procedures for administering the new unit set-asides), except where the State allocates or auctions CSAPR NO X  Ozone Season Group 1 allowances or CSAPR NO X  Ozone Season Group 2 allowances under an approved SIP revision;\n\n(D) The provisions in \u00a7 97.511(c)(5) of this chapter or \u00a7 97.811(c)(5) of this chapter (concerning the disposition of incorrectly allocated CSAPR NO X  Ozone Season Group 1 allowances or CSAPR NO X  Ozone Season Group 2 allowances);\n\n(E) The provisions in \u00a7 97.521(f), (g), and (i) of this chapter or \u00a7 97.821(f), (g), and (i) of this chapter (concerning the deadlines for recordation of allocations or auctions of CSAPR NO X  Ozone Season Group 1 allowances or CSAPR NO X  Ozone Season Group 2 allowances) and the provisions in paragraphs (b)(4)(ii)(B) and (C) and (b)(5)(ii)(B) and (C) of this section or paragraphs (b)(8)(iii)(B) and (C) and (b)(9)(iii)(B) and (C) of this section (concerning the deadlines for submission to the Administrator of State-determined allocations or auction results);\n\n(F) The provisions in \u00a7 97.525(b) of this chapter or \u00a7\u00a7 97.806(c)(2) and (3) and 97.825(b) of this chapter (concerning the procedures for administering the assurance provisions);\n\n(G) The provisions in \u00a7 97.526(e) of this chapter or \u00a7 97.826(f) of this chapter (concerning the use of CSAPR NO X  Ozone Season Original Group 2 allowances, CSAPR NO X  Ozone Season Expanded Group 2 allowances, or CSAPR NO X  Ozone Season Group 3 allowances to satisfy requirements to hold CSAPR NO X  Ozone Season Group 1 allowances or the use of CSAPR NO X  Ozone Season Expanded Group 2 allowances or CSAPR NO X  Ozone Season Group 3 allowances to satisfy requirements to hold CSAPR NO X  Ozone Season Original Group 2 allowances); and\n\n(H) The provisions in \u00a7\u00a7 97.806(c), 97.824(a) and (d), and 97.825(a) of this chapter (concerning the situations for which compliance requirements are defined in terms of either CSAPR NO X  Ozone Season Original Group 2 allowances or CSAPR NO X  Ozone Season Expanded Group 2 allowances).\n\n(ii) Notwithstanding the provisions of paragraph (b)(13)(i) of this section, if, at the time of any approval of a State's SIP revision under this section, the Administrator has already started recording any allocations of CSAPR NO X  Ozone Season Group 1 allowances under subpart BBBBB of part 97 of this chapter, or allocations of CSAPR NO X  Ozone Season Group 2 allowances under subpart EEEEE of part 97 of this chapter, or allocations of CSAPR NO X  Ozone Season Group 3 allowances under subpart GGGGG of part 97 of this chapter, to units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for a control period in any year, the provisions of such subpart authorizing the Administrator to complete the allocation and recordation of such allowances to such units for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.\n\n(iii) Notwithstanding any discontinuation pursuant to paragraph (b)(2) or (b)(13)(i) of this section of the applicability of subpart BBBBB, EEEEE, or GGGGG of part 97 of this chapter to the sources in a State and areas of Indian country within the borders of the State subject to the State's SIP authority with regard to emissions occurring in any control period, the following provisions shall continue to apply with regard to all CSAPR NO X  Ozone Season Group 1 allowances, CSAPR NO X  Ozone Season Group 2 allowances, and CSAPR NO X  Ozone Season Group 3 allowances at any time allocated for any control period to any source or other entity in the State and areas of Indian country within the borders of the State subject to the State's SIP authority and shall apply to all entities, wherever located, that at any time held or hold such allowances:\n\n(A) The provisions of \u00a7\u00a7 97.526(c), 97.826(c), and 97.1026(c) of this chapter (concerning the transfer of CSAPR NO X  Ozone Season Group 1 allowances, CSAPR NO X  Ozone Season Group 2 allowances, and CSAPR NO X  Ozone Season Group 3 allowances between certain Allowance Management System accounts under common control);\n\n(B) The provisions of \u00a7\u00a7 97.526(d), 97.826(d) and (e), and 97.1026(e) of this chapter (concerning the conversion of allowances of one type into allowances of another type, in the same or different quantities and issued for the same or different control periods, including conversions among CSAPR NO X  Ozone Season Group 1 allowances, CSAPR NO X  Ozone Season Original Group 2 allowances, CSAPR NO X  Ozone Season Expanded Group 2 allowances, and CSAPR NO X  Ozone Season Group 3 allowances); and\n\n(C) The provisions of \u00a7\u00a7 97.811(d) and (e) and 97.1011(d) of this chapter (concerning the recall of certain CSAPR NO X  Ozone Season Original Group 2 allowances and CSAPR NO X  Ozone Season Group 3 allowances).\n\n(15)  States with approved SIP revisions addressing the CSAPR NO X   Ozone Season Group 1 Trading Program.  The following States have SIP revisions approved by the Administrator under paragraph (b)(3), (4), or (5) of this section:\n\n(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 NO X  Ozone Season Group 1 allowance allocation provisions in \u00a7 97.511(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2016: Alabama and Missouri.\n\n(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 NO X  Ozone Season Group 1 allowance allocation provisions in \u00a7\u00a7 97.511(a) and (b)(1) and 97.512(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2017 or any subsequent year: [none].\n\n(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 and areas of Indian country within the borders of the State subject to the State's SIP authority: Georgia.\n\n(16)  States with approved SIP revisions addressing the CSAPR NO X   Ozone Season Group 2 Trading Program.  (i) The following States have SIP revisions approved by the Administrator under paragraph (b)(7), (8), or (9) of this section:\n\n(A) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(7) of this section as replacing the CSAPR NO X  Ozone Season Group 2 allowance allocation provisions in \u00a7 97.811(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2018: [none].\n\n(B) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(8) of this section as replacing the CSAPR NO X  Ozone Season Group 2 allowance allocation provisions in \u00a7\u00a7 97.811(a) and (b)(1) and 97.812(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2019 or any subsequent year: New York.\n\n(C) 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)(ii), and (b)(7) and (8) of this section with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority: Alabama, Indiana, and Missouri.\n\n(ii)(A) Notwithstanding any provision of subpart EEEEE of part 97 of this chapter or any State's SIP, with regard to any State listed in paragraph (b)(2)(ii)(B) of this section and any control period that begins after December 31, 2020, the Administrator will not carry out any of the functions set forth for the Administrator in subpart EEEEE of part 97 of this chapter or in any emissions trading program provisions in a State's SIP approved under paragraph (b)(8) or (9) of this section, except as otherwise provided in paragraph (b)(2)(ii)(D)( 1 ) or (b)(14)(iii) of this section.\n\n(B) Notwithstanding any provision of subpart EEEEE of part 97 of this chapter or any State's SIP, with regard to any State listed in paragraph (b)(2)(ii)(C) of this section and any control period that begins after December 31, 2022, the Administrator will not carry out any of the functions set forth for the Administrator in subpart EEEEE of part 97 of this chapter or in any emissions trading program provisions in a State's SIP approved under paragraph (b)(8) or (9) of this section, except as otherwise provided in paragraph (b)(2)(ii)(D)( 2 ) or (b)(14)(iii) of this section.\n\n(17)  States with approved SIP revisions addressing the CSAPR NO X   Ozone Season Group 3 Trading Program.  The following States have SIP revisions approved by the Administrator under paragraph (b)(10), (11), or (12) of this section:\n\n(i) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(10) of this section as replacing the CSAPR NO X  Ozone Season Group 3 allowance allocation provisions in \u00a7 97.1011(a)(1) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2024: [none].\n\n(ii) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(11) of this section as replacing the CSAPR NO X  Ozone Season Group 3 allowance allocation provisions in \u00a7 97.1011(a)(1) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2025 or any subsequent year: [none].\n\n(iii) For each of the following States, the Administrator has approved a SIP revision under paragraph (b)(12) 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)(10) and (11) of this section with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority: [none]."], ["40:40:3.0.1.1.1.1.1.35", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.39", "\u00a7 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?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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; 84 FR 66318, Dec. 4, 2019; 85 FR 7452, Feb. 10, 2020; 86 FR 23171, Apr. 30, 2021; 87 FR 52480, Aug. 26, 2022; 88 FR 36867, June 5, 2023]", "(a)  General requirements for SO 2   emissions.  The CSAPR SO 2  Group 1 Trading Program provisions and the CSAPR SO 2  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 (SO 2 ) for sources meeting the applicability criteria set forth in subparts CCCCC and DDDDD, except as otherwise provided in this section.\n\n(b)  Applicability of CSAPR SO 2   Group 1 Trading Program provisions.  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.\n\n(c)  Applicability of CSAPR SO 2   Group 2 Trading Program provisions.  (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.\n\n(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.\n\n(d)  State-determined allocations of CSAPR SO 2   Group 1 allowances for 2016.  A State listed in paragraph (b) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR SO 2  Group 1 allowance allocation provisions replacing the provisions in \u00a7 97.611(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2016, a list of CSAPR SO 2  Group 1 units and the amount of CSAPR SO 2  Group 1 allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:\n\n(1) All of the units on the list must be units that are in the State and areas of Indian country within the borders of the State subject to the State's SIP authority and that commenced commercial operation before January 1, 2010;\n\n(2) The total amount of CSAPR SO 2  Group 1 allowance allocations on the list must not exceed the amount, under \u00a7 97.610(a) of this chapter for the State and the control period in 2016, of the CSAPR SO 2  Group 1 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;\n\n(3) The list must be submitted electronically in a format specified by the Administrator; and\n\n(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;\n\n(5) Provided that:\n\n(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\n\n(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.\n\n(e)  Abbreviated SIP revisions replacing certain provisions of the federal CSAPR SO 2   Group 1 Trading Program.  A State listed in paragraph (b) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations replacing specified provisions of subpart CCCCC of part 97 of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, and not substantively replacing any other provisions, as follows:\n\n(1) The State may adopt, as CSAPR SO 2  Group 1 allowance allocation or auction provisions replacing the provisions in \u00a7\u00a7 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 SO 2  Group 1 allowances and may adopt, in addition to the definitions in \u00a7 97.602 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR SO 2  Group 1 allowance allocation or auction provisions, if such methodology\u2014\n\n(i) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR SO 2  Group 1 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.610(a) and 97.621 of this chapter for the State and such control period, of the CSAPR SO 2  Group 1 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR SO 2  Group 1 allowances already allocated and recorded by the Administrator;\n\n(ii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO 2  Group 1 allowances for any such control period to any CSAPR SO 2  Group 1 units covered by \u00a7 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 SO 2  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 dates in Table 1 to this paragraph;\n\nTable 1 to Paragraph  (e)(1)(ii)\n\n(iii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO 2  Group 1 allowances for any such control period to any CSAPR SO 2  Group 1 units covered by \u00a7\u00a7 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 SO 2  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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;\n\n(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 deadline for submission of allocations or auction results under paragraph (e)(1)(ii) 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.\n\n(f)  Full SIP revisions adopting State CSAPR SO 2   Group 1 Trading Programs.  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 and areas of Indian country within the borders of the State subject to the State's SIP authority, regulations that are substantively identical to the provisions of the CSAPR SO 2  Group 1 Trading Program set forth in \u00a7\u00a7 97.602 through 97.635 of this chapter, except that the SIP revision:\n\n(1) May adopt, as CSAPR SO 2  Group 1 allowance allocation or auction provisions replacing the provisions in \u00a7\u00a7 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 SO 2  Group 1 allowances and that\u2014\n\n(i) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR SO 2  Group 1 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.610(a) and 97.621 of this chapter for the State and such control period, of the CSAPR SO 2  Group 1 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR SO 2  Group 1 allowances already allocated and recorded by the Administrator;\n\n(ii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO 2  Group 1 allowances for any such control period to any CSAPR SO 2  Group 1 units covered by \u00a7 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 SO 2  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 dates in Table 2 to this paragraph;\n\nTable 2 to Paragraph  (f)(1)(ii)\n\n(iii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO 2  Group 1 allowances for any such control period to any CSAPR SO 2  Group 1 units covered by \u00a7\u00a7 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 SO 2  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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;\n\n(2) May adopt, in addition to the definitions in \u00a7 97.602 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR SO 2  Group 1 allowance allocation or auction provisions adopted under paragraph (f)(1) of this section;\n\n(3) May substitute the name of the State for the term \u201cState\u201d 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 \u00a7\u00a7 97.602 through 97.635 of this chapter; and\n\n(4) Must not include any of the requirements imposed on any unit in areas of Indian country within the borders of the State not subject to the State's SIP authority in the provisions in \u00a7\u00a7 97.602 through 97.635 of this chapter and must not include the provisions in \u00a7\u00a7 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;\n\n(5) Provided that, if and when any covered unit is located in areas of Indian country within the borders of the State not subject to the State's SIP authority, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in \u00a7\u00a7 97.602 (definitions of \u201ccommon designated representative\u201d, \u201ccommon designated representative's assurance level\u201d, and \u201ccommon designated representative's share\u201d), 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; and\n\n(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 deadline for submission of allocations or auction results under paragraph (f)(1)(ii) 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.\n\n(g)  State-determined allocations of CSAPR SO 2   Group 2 allowances for 2016.  A State listed in paragraph (c) of this section may adopt and include in a SIP revision, and the Administrator will approve, as CSAPR SO 2  Group 2 allowance allocation provisions replacing the provisions in \u00a7 97.711(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2016, a list of CSAPR SO 2  Group 2 units and the amount of CSAPR SO 2  Group 2 allowances allocated to each unit on such list, provided that the list of units and allocations meets the following requirements:\n\n(1) All of the units on the list must be units that are in the State and areas of Indian country within the borders of the State subject to the State's SIP authority and that commenced commercial operation before January 1, 2010;\n\n(2) The total amount of CSAPR SO 2  Group 2 allowance allocations on the list must not exceed the amount, under \u00a7 97.710(a) of this chapter for the State and the control period in 2016, of the CSAPR SO 2  Group 2 trading budget minus the sum of the new unit set-aside and Indian country new unit set-aside;\n\n(3) The list must be submitted electronically in a format specified by the Administrator; and\n\n(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;\n\n(5) Provided that:\n\n(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\n\n(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.\n\n(h)  Abbreviated SIP revisions replacing certain provisions of the federal CSAPR SO 2   Group 2 Trading Program.  A State listed in paragraph (c)(1) of this section may adopt and include in a SIP revision, and the Administrator will approve, regulations replacing specified provisions of subpart DDDDD of part 97 of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, and not substantively replacing any other provisions, as follows:\n\n(1) The State may adopt, as CSAPR SO 2  Group 2 allowance allocation or auction provisions replacing the provisions in \u00a7\u00a7 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 SO 2  Group 2 allowances and may adopt, in addition to the definitions in \u00a7 97.702 of this chapter, one or more definitions that shall apply only to terms as used in the adopted CSAPR SO 2  Group 2 allowance allocation or auction provisions, if such methodology\u2014\n\n(i) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR SO 2  Group 2 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.710(a) and 97.721 of this chapter for the State and such control period, of the CSAPR SO 2  Group 2 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR SO 2  Group 2 allowances already allocated and recorded by the Administrator;\n\n(ii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO 2  Group 2 allowances for any such control period to any CSAPR SO 2  Group 2 units covered by \u00a7 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 SO 2  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 dates in Table 3 to this paragraph;\n\nTable 3 to Paragraph  (h)(1)(ii)\n\n(iii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO 2  Group 2 allowances for any such control period to any CSAPR SO 2  Group 2 units covered by \u00a7\u00a7 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 SO 2  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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;\n\n(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 deadline for submission of allocations or auction results under paragraph (h)(1)(ii) 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.\n\n(i)  Full SIP revisions adopting State CSAPR SO 2   Group 2 Trading Programs.  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 and areas of Indian country within the borders of the State subject to the State's SIP authority, regulations that are substantively identical to the provisions of the CSAPR SO 2  Group 2 Trading Program set forth in \u00a7\u00a7 97.702 through 97.735 of this chapter, except that the SIP revision:\n\n(1) May adopt, as CSAPR SO 2  Group 2 allowance allocation or auction provisions replacing the provisions in \u00a7\u00a7 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 SO 2  Group 2 allowances and that\u2014\n\n(i) Requires the State or the permitting authority to allocate and, if applicable, auction a total amount of CSAPR SO 2  Group 2 allowances for any such control period not exceeding the amount, under \u00a7\u00a7 97.710(a) and 97.721 of this chapter for the State and such control period, of the CSAPR SO 2  Group 2 trading budget minus the sum of the Indian country new unit set-aside and the amount of any CSAPR SO 2  Group 2 allowances already allocated and recorded by the Administrator;\n\n(ii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO 2  Group 2 allowances for any such control period to any CSAPR SO 2  Group 2 units covered by \u00a7 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 SO 2  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 dates in Table 4 to this paragraph;\n\nTable 4 to Paragraph  (i)(1)(ii)\n\n(iii) Requires, to the extent the State adopts provisions for allocations or auctions of CSAPR SO 2  Group 2 allowances for any such control period to any CSAPR SO 2  Group 2 units covered by \u00a7\u00a7 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 SO 2  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, for a control period before 2021, or by April 1 of the year following the control period, for a control period in 2021 or thereafter; and\n\n(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;\n\n(2) May adopt, in addition to the definitions in \u00a7 97.702 of this chapter, one or more definitions that shall apply only to terms as used in the CSAPR SO 2  Group 2 allowance allocation or auction provisions adopted under paragraph (i)(1) of this section;\n\n(3) May substitute the name of the State for the term \u201cState\u201d 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 \u00a7\u00a7 97.702 through 97.735 of this chapter; and\n\n(4) Must not include any of the requirements imposed on any unit in areas of Indian country within the borders of the State not subject to the State's SIP authority in the provisions in \u00a7\u00a7 97.702 through 97.735 of this chapter and must not include the provisions in \u00a7\u00a7 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;\n\n(5) Provided that, if and when any covered unit is located in areas of Indian country within the borders of the State not subject to the State's SIP authority, the Administrator may modify his or her approval of the SIP revision to exclude the provisions in \u00a7\u00a7 97.702 (definitions of \u201ccommon designated representative\u201d, \u201ccommon designated representative's assurance level\u201d, and \u201ccommon designated representative's share\u201d), 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; and\n\n(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 deadline for submission of allocations or auction results under paragraph (i)(1)(ii) 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.\n\n(j)  Withdrawal of CSAPR FIP provisions relating to SO 2   emissions . Except as provided in paragraph (k) of this section, 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 and Indian country within the borders of the State subject to the State's SIP authority, the provisions of paragraph (b) or (c)(1) of this section, as applicable, will no longer apply to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority, unless the Administrator's approval of the SIP revision is partial or conditional, and will continue to apply to sources in areas of Indian country within the borders of the State not subject to the State's SIP authority, 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.\n\n(k)  Continued applicability of certain federal trading program provisions for SO 2   emissions.  (1) Notwithstanding the provisions of paragraph (j) of this section or any State's SIP, when carrying out the functions of the Administrator under any State CSAPR SO 2  Group 1 Trading Program or State CSAPR SO 2  Group 2 Trading Program pursuant to a SIP revision approved under this section, the Administrator will apply the following provisions of this section, as amended, and the following provisions of subpart CCCCC of part 97 of this chapter, as amended, or subpart DDDDD of part 97 of this chapter, as amended, with regard to the State and any source subject to such State trading program:\n\n(i) The definitions in \u00a7 97.602 of this chapter or \u00a7 97.702 of this chapter;\n\n(ii) The provisions in \u00a7 97.610(a) of this chapter or \u00a7 97.710(a) of this chapter (concerning in part the amounts of the new unit set-asides);\n\n(iii) The provisions in \u00a7\u00a7 97.611(b)(1) and 97.612(a) of this chapter or \u00a7\u00a7 97.711(b)(1) and 97.712(a) of this chapter (concerning the procedures for administering the new unit set-asides), except where the State allocates or auctions CSAPR SO 2  Group 1 allowances or CSAPR SO 2  Group 2 allowances under an approved SIP revision;\n\n(iv) The provisions in \u00a7 97.611(c)(5) of this chapter or \u00a7 97.711(c)(5) of this chapter (concerning the disposition of incorrectly allocated CSAPR SO 2  Group 1 allowances or CSAPR SO 2  Group 2 allowances);\n\n(v) The provisions in \u00a7 97.621(f), (g), and (i) of this chapter or \u00a7 97.721(f), (g), and (i) of this chapter (concerning the deadlines for recordation of allocations or auctions of CSAPR SO 2  Group 1 allowances or CSAPR SO 2  Group 2 allowances) and the provisions in paragraphs (e)(1)(ii) and (iii) and (f)(1)(ii) and (iii) of this section or paragraphs (h)(1)(ii) and (iii) and (i)(1)(ii) and (iii) of this section (concerning the deadlines for submission to the Administrator of State-determined allocations or auction results); and\n\n(vi) The provisions in \u00a7 97.625(b) of this chapter or \u00a7 97.725(b) of this chapter (concerning the procedures for administering the assurance provisions).\n\n(2) Notwithstanding the provisions of paragraph (j) of this section, if, at the time of any approval of a State's SIP revision under this section, the Administrator has already started recording any allocations of CSAPR SO 2  Group 1 allowances under subpart CCCCC of part 97 of this chapter, or allocations of CSAPR SO 2  Group 2 allowances under subpart DDDDD of part 97 of this chapter, to units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for a control period in any year, the provisions of such subpart authorizing the Administrator to complete the allocation and recordation of such allowances to such units for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.\n\n(3) Notwithstanding any discontinuation pursuant to paragraph (c)(2) or (j) of this section of the applicability of subpart CCCCC or DDDDD of part 97 of this chapter to the sources in a State and areas of Indian country within the borders of the State subject to the State's SIP authority with regard to emissions occurring in any control period, the following provisions shall continue to apply with regard to all CSAPR SO 2  Group 1 allowances and CSAPR SO 2  Group 2 allowances at any time allocated for any control period to any source or other entity in the State and areas of Indian country within the borders of the State subject to the State's SIP authority and shall apply to all entities, wherever located, that at any time held or hold such allowances:\n\n(i) The provisions of \u00a7\u00a7 97.626(c) and 97.726(c) of this chapter (concerning the transfer of CSAPR SO 2  Group 1 allowances and CSAPR SO 2  Group 2 allowances between certain Allowance Management System accounts under common control).\n\n(ii) [Reserved]\n\n(l)  States with approved SIP revisions addressing the CSAPR SO 2   Group 1 Trading Program.  The following States have SIP revisions approved by the Administrator under paragraph (d), (e), or (f) of this section:\n\n(1) For each of the following States, the Administrator has approved a SIP revision under paragraph (d) of this section as replacing the CSAPR SO 2  Group 1 allowance allocation provisions in \u00a7 97.611(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2016: [none].\n\n(2) For each of the following States, the Administrator has approved a SIP revision under paragraph (e) of this section as replacing the CSAPR SO 2  Group 1 allowance allocation provisions in \u00a7\u00a7 97.611(a) and (b)(1) and 97.612(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2017 or any subsequent year: Missouri and New York.\n\n(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 and areas of Indian country within the borders of the State subject to the State's SIP authority: Indiana, Kentucky, and Missouri.\n\n(m)  States with approved SIP revisions addressing the CSAPR SO 2   Group 2 Trading Program.  The following States have SIP revisions approved by the Administrator under paragraph (g), (h), or (i) of this section:\n\n(1) For each of the following States, the Administrator has approved a SIP revision under paragraph (g) of this section as replacing the CSAPR SO 2  Group 2 allowance allocation provisions in \u00a7 97.711(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2016: Alabama and Nebraska.\n\n(2) For each of the following States, the Administrator has approved a SIP revision under paragraph (h) of this section as replacing the CSAPR SO 2  Group 2 allowance allocation provisions in \u00a7\u00a7 97.711(a) and (b)(1) and 97.712(a) of this chapter with regard to sources in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for the control period in 2017 or any subsequent year: [none].\n\n(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 and areas of Indian country within the borders of the State subject to the State's SIP authority: Alabama, Georgia, and South Carolina."], ["40:40:3.0.1.1.1.1.1.36", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.40", "\u00a7 52.40 What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from sources not subject to the CSAPR ozone season trading program?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[88 FR 36869, June 5, 2023, as amended at 88 FR 49303, July 31, 2023; 88 FR 67107, Sept. 29, 2023; 89 FR 87968, Nov. 6, 2024]", "(a)  Purpose.  This section establishes Federal Implementation Plan requirements for new and existing units in the industries specified in paragraph (b) of this section to eliminate significant contribution to nonattainment, or interference with maintenance, of the 2015 8-hour ozone National Ambient Air Quality Standards in other states pursuant to 42 U.S.C. 7410(a)(2)(D)(i)(I).\n\n(b)  Definitions.  The terms used in this section and \u00a7\u00a7 52.41 through \u00a7 52.46 are defined as follows:\n\nCalendar year  means the period between January 1 and December 31, inclusive, for a given year.\n\nExisting affected unit  means any affected unit for which construction commenced before August 4, 2023.\n\nNew affected unit  means any affected unit for which construction commenced on or after August 4, 2023.\n\nOperator  means any person who operates, controls, or supervises an affected unit and shall include, but not be limited to, any holding company, utility system, or plant manager of such affected unit.\n\nOwner  means any holder of any portion of the legal or equitable title in an affected unit.\n\nPotential to emit  means the maximum capacity of a unit to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the unit 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 only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a unit.\n\nRolling average  means the weighted average of all data, meeting quality assurance and quality control (QA/QC) requirements in this part or otherwise normalized, collected during the applicable averaging period. The period of a rolling average stipulates the frequency of data averaging and reporting. To demonstrate compliance with an operating parameter a 30-day rolling average period requires calculation of a new average value each operating day and shall include the average of all the hourly averages of the specific operating parameter. For demonstration of compliance with an emissions limit based on pollutant concentration, a 30-day rolling average is comprised of the average of all the hourly average concentrations over the previous 30 operating days. For demonstration of compliance with an emissions limit based on lbs-pollutant per production unit, the 30-day rolling average is calculated by summing the hourly mass emissions over the previous 30 operating days, then dividing that sum by the total production during the same period.\n\n(c)  General requirements.  (1) The NO X  emissions limitations or emissions control requirements and associated compliance requirements for the following listed source categories not subject to the CSAPR ozone season trading program constitute the Federal Implementation Plan provisions that relate to emissions of NO X  during the ozone season (defined as May 1 through September 30 of a calendar year): \u00a7\u00a7 52.41 for engines in the Pipeline Transportation of Natural Gas Industry, 52.42 for kilns in the Cement and Concrete Product Manufacturing Industry, 52.43 for reheat furnaces in the Iron and Steel Mills and Ferroalloy Manufacturing Industry, 52.44 for furnaces in the Glass and Glass Product Manufacturing Industry, 52.45 for boilers in the Iron and Steel Mills and Ferroalloy Manufacturing, Metal Ore Mining, Basic Chemical Manufacturing, Petroleum and Coal Products Manufacturing, and Pulp, Paper, and Paperboard Mills industries, and 52.46 for Municipal Waste Combustors.\n\n(2) The provisions of this section or \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46 apply to affected units located in each of the following States, including Indian country located within the borders of such States, beginning in the 2026 ozone season and in each subsequent ozone season: Arkansas, California, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nevada, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Texas, Utah, Virginia, and West Virginia.\n\n(3) The testing, monitoring, recordkeeping, and reporting requirements of this section or \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46 only apply during the ozone season, except as otherwise specified in these sections. Additionally, if an owner or operator of an affected unit chooses to conduct a performance or compliance test outside of the ozone season, all recordkeeping, reporting, and notification requirements associated with that test shall apply, without regard to whether they occur during the ozone season.\n\n(4) Notwithstanding any other provision of this part, the effectiveness of paragraphs (a) and (b), (c)(1) through (3), and (d) through (g) of this section and \u00a7\u00a7 52.41 through 52.46 is stayed for sources located in Arkansas, California, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, Nevada, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, Texas, Utah, Virginia, and West Virginia, including Indian country located within the borders of such States.\n\n(d)  Requests for extension of compliance.  (1) The owner or operator of an existing affected unit under \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46 that cannot comply with the applicable requirements in those sections by May 1, 2026, due to circumstances entirely beyond the owner or operator's control, may request an initial compliance extension to a date certain no later than May 1, 2027. The extension request must contain a demonstration of necessity consistent with the requirements of paragraph (d)(3) of this section.\n\n(2) If, after the EPA has granted a request for an initial compliance extension, the source remains unable to comply with the applicable requirements in \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46 by the extended compliance date due to circumstances entirely beyond the owner or operator's control, the owner or operator may apply for a second compliance extension to a date certain no later than May 1, 2029. The extension request must contain an updated demonstration of necessity consistent with the requirements of paragraph (d)(3) of this section.\n\n(3) Each request for a compliance extension shall demonstrate that the owner or operator has taken all steps possible to install the controls necessary for compliance with the applicable requirements in \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46 by the applicable compliance date and shall:\n\n(i) Identify each affected unit for which the owner or operator is seeking the compliance extension;\n\n(ii) Identify and describe the controls to be installed at each affected unit to comply with the applicable requirements in \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46;\n\n(iii) Identify the circumstances entirely beyond the owner or operator's control that necessitate additional time to install the identified controls;\n\n(iv) Identify the date(s) by which on-site construction, installation of control equipment, and/or process changes will be initiated;\n\n(v) Identify the owner or operator's proposed compliance date. A request for an initial compliance extension under paragraph (d)(1) of this section must specify a proposed compliance date no later than May 1, 2027, and state whether the owner or operator anticipates a need to request a second compliance extension. A request for a second compliance extension under paragraph (d)(2) of this section must specify a proposed compliance date no later than May 1, 2029, and identify additional actions taken by the owner or operator to ensure that the affected unit(s) will be in compliance with the applicable requirements in this section by that proposed compliance date;\n\n(vi) Include all information obtained from control technology vendors demonstrating that the identified controls cannot be installed by the applicable compliance date;\n\n(vii) Include any and all contract(s) entered into for the installation of the identified controls or an explanation as to why no contract is necessary or obtainable; and\n\n(viii) Include any permit(s) obtained for the installation of the identified controls or, where a required permit has not yet been issued, a copy of the permit application submitted to the permitting authority and a statement from the permitting authority identifying its anticipated timeframe for issuance of such permit(s).\n\n(4) Each request for a compliance extension shall be submitted via the Compliance and Emissions Data Reporting Interface (CEDRI) or analogous electronic submission system provided by the EPA no later than 180 days prior to the applicable compliance date. Until an extension has been granted by the Administrator under this section, the owner or operator of an affected unit shall comply with all applicable requirements of this section and shall remain subject to the May 1, 2026 compliance date or the initial extended compliance date, as applicable. A denial will be effective as of the date of denial.\n\n(5) The owner or operator of an affected unit who has requested a compliance extension under this paragraph (d)(5) and is required to have a title V permit shall apply to have the relevant title V permit revised to incorporate the conditions of the extension of compliance. The conditions of a compliance extension granted under this paragraph (d)(5) will be incorporated into the affected unit's title V permit according to the provisions of an EPA-approved state operating permit program or the Federal title V regulations in 40 CFR part 71, whichever apply.\n\n(6) Based on the information provided in any request made under paragraph (d) of this section or other information, the Administrator may grant an extension of time to comply with applicable requirements in \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46 consistent with the provisions of paragraph (d)(1) or (2) of this section. The decision to grant an extension will be provided by notification via the CEDRI or analogous electronic submission system provided by the EPA and publicly available, and will identify each affected unit covered by the extension; specify the termination date of the extension; and specify any additional conditions that the Administrator deems necessary to ensure timely installation of the necessary controls ( e.g.,  the date(s) by which on-site construction, installation of control equipment, and/or process changes will be initiated).\n\n(7) The Administrator will provide notification via the CEDRI or analogous electronic submission system provided by the EPA to the owner or operator of an affected unit who has requested a compliance extension under this paragraph (d)(7) whether the submitted request is complete, that is, whether the request contains sufficient information to make a determination, within 60 calendar days after receipt of the original request and within 60 calendar days after receipt of any supplementary information.\n\n(8) The Administrator will provide notification via the CEDRI or analogous electronic submission system provided by the EPA, which shall be publicly available, to the owner or operator of a decision to grant or intention to deny a request for a compliance extension within 60 calendar days after providing written notification pursuant to paragraph (d)(7) of this section that the submitted request is complete.\n\n(9) Before denying any request for an extension of compliance, the Administrator will provide notification via the CEDRI or analogous electronic submission system provided by the EPA to the owner or operator in writing of the Administrator's intention to issue the denial, together with:\n\n(i) Notice of the information and findings on which the intended denial is based; and\n\n(ii) Notice of opportunity for the owner or operator to present via the CEDRI or analogous electronic submission system provided by the EPA, within 15 calendar days after he/she is notified of the intended denial, additional information or arguments to the Administrator before further action on the request.\n\n(10) The Administrator's final decision to deny any request for an extension will be provided via the CEDRI or analogous electronic submission system provided by the EPA and publicly available, and will set forth the specific grounds on which the denial is based. The final decision will be made within 60 calendar days after presentation of additional information or argument (if the request is complete), or within 60 calendar days after the deadline for the submission of additional information or argument under paragraph (d)(9)(ii) of this section, if no such submission is made.\n\n(11) The granting of an extension under this section shall not abrogate the Administrator's authority under section 114 of the Clean Air Act (CAA or the Act).\n\n(e)  Requests for case-by-case emissions limits.  (1) The owner or operator of an existing affected unit under \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46 that cannot comply with the applicable requirements in those sections due to technical impossibility or extreme economic hardship may submit to the Administrator, by August 5, 2024, a request for approval of a case-by-case emissions limit. The request shall contain information sufficient for the Administrator to confirm that the affected unit is unable to comply with the applicable emissions limit, due to technical impossibility or extreme economic hardship, and to establish an appropriate alternative case-by-case emissions limit for the affected unit. Until a case-by-case emissions limit has been approved by the Administrator under this section, the owner or operator shall remain subject to all applicable requirements in \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46. A denial will be effective as of the date of denial.\n\n(2) Each request for a case-by-case emissions limit shall include, but not be limited to, the following:\n\n(i) A demonstration that the affected unit cannot achieve the applicable emissions limit with available control technology due to technical impossibility or extreme economic hardship.\n\n(A) A demonstration of technical impossibility shall include:\n\n( 1 ) Uncontrolled NO X  emissions for the affected unit established with a CEMS, or stack tests obtained during steady state operation in accordance with the applicable reference test methods of 40 CFR part 60, appendix A-4, any alternative test method approved by the EPA as of June 5, 2023, under 40 CFR 59.104(f), 60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii)(2), or 65.158(a)(2) and available at the EPA's website ( https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods ), or other methods and procedures approved by the EPA through notice-and-comment rulemaking; and\n\n( 2 ) A demonstration that the affected unit cannot meet the applicable emissions limit even with available control technology, including:\n\n( i ) Stack test data or other emissions data for the affected unit; or\n\n( ii ) A third-party engineering assessment demonstrating that the affected unit cannot meet the applicable emissions limit with available control technology.\n\n(B) A demonstration of extreme economic hardship shall include at least three vendor estimates of the costs of installing control technology necessary to meet the applicable emissions limit and other information that demonstrates, to the satisfaction of the Administrator, that the cost of complying with the applicable emissions limit would present an extreme economic hardship relative to the costs borne by other comparable sources in the industry.\n\n(ii) An analysis of available control technology options and a proposed case-by-case emissions limit that represents the lowest emissions limitation technically achievable by the affected unit without causing extreme economic hardship relative to the costs borne by other comparable sources in the industry. The owner or operator may propose additional measures to reduce NO X  emissions, such as operational standards or work practice standards.\n\n(iii) Calculations of the NO X  emissions reduction to be achieved through implementation of the proposed case-by-case emissions limit and any additional proposed measures, the difference between this NO X  emissions reduction level and the NO X  emissions reductions that would have occurred if the affected unit complied with the applicable emissions limitations in \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46, and a description of the methodology used for these calculations.\n\n(3) The owner or operator of an affected unit who has requested a case-by-case emissions limit under this paragraph (e)(3) and is required to have a title V permit shall apply to have the relevant title V permit revised to incorporate the case-by-case emissions limit. Any case-by-case emissions limit approved under this paragraph (e)(3) will be incorporated into the affected unit's title V permit according to the provisions of an EPA-approved state operating permit program or the Federal title V regulations in 40 CFR part 71, whichever apply.\n\n(4) Based on the information provided in any request made under this paragraph (e)(4) or other information, the Administrator may approve a case-by-case emissions limit that will apply to an affected unit in lieu of the applicable emissions limit in \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46. The decision to approve a case-by-case emissions limit will be provided via the CEDRI or analogous electronic submission system provided by the EPA in paragraph (d) of this section and publicly available, and will identify each affected unit covered by the case-by-case emissions limit.\n\n(5) The Administrator will provide notification via the CEDRI or analogous electronic submission system provided by the EPA in paragraph (d) of this section to the owner or operator of an affected unit who has requested a case-by-case emissions limit under this paragraph (e)(5) whether the submitted request is complete, that is, whether the request contains sufficient information to make a determination, within 60 calendar days after receipt of the original request and within 60 calendar days after receipt of any supplementary information.\n\n(6) The Administrator will provide notification via the CEDRI or analogous electronic submission system described by the EPA in paragraph (d) of this section, which shall be publicly available, to the owner or operator of a decision to approve or intention to deny the request within 60 calendar days after providing notification pursuant to paragraph (e)(5) of this section that the submitted request is complete.\n\n(7) Before denying any request for a case-by-case emissions limit, the Administrator will provide notification via the CEDRI or analogous electronic submission system provided by the EPA to the owner or operator in writing of the Administrator's intention to issue the denial, together with:\n\n(i) Notice of the information and findings on which the intended denial is based; and\n\n(ii) Notice of opportunity for the owner or operator to present via the CEDRI or analogous electronic submission system provided by the EPA, within 15 calendar days after he/she is notified of the intended denial, additional information or arguments to the Administrator before further action on the request.\n\n(8) The Administrator's final decision to deny any request for a case-by-case emissions limit will be provided by notification via the CEDRI or analogous electronic submission system provided by the EPAand publicly available, and will set forth the specific grounds on which the denial is based. The final decision will be made within 60 calendar days after presentation of additional information or argument (if the request is complete), or within 60 calendar days after the deadline for the submission of additional information or argument under paragraph (e)(7)(ii) of this section, if no such submission is made.\n\n(9) The approval of a case-by-case emissions limit under this section shall not abrogate the Administrator's authority under section 114 of the Act.\n\n(f)  Recordkeeping requirements.  (1) The owner or operator of an affected unit subject to the provisions of this section or \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46 shall maintain files of all information (including all reports and notifications) required by these sections recorded in a form suitable and readily available for expeditious inspection and review. The files shall be retained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At minimum, the most recent 2 years of data shall be retained on site. The remaining 3 years of data may be retained off site. Such files may be maintained on microfilm, on a computer, on computer floppy disks, on magnetic tape disks, or on microfiche.\n\n(2) Any records required to be maintained by \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46 that are submitted electronically via the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to the EPA as part of an on-site compliance evaluation.\n\n(g)  CEDRI reporting requirements.  (1) You shall submit the results of the performance test following the procedures specified in paragraphs (g)(1)(i) through (iii) of this section:\n\n(i) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert ) at the time of the test. Submit the results of the performance test to the EPA via the CEDRI or analogous electronic reporting approach provided by the EPA to report data required by \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46, which can be accessed through the EPA's Central Data Exchange (CDX) ( https://cdx.epa.gov/ ). The data must be submitted in a file format generated using the EPA's ERT. Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website.\n\n(ii) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI.\n\n(iii)(A) The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as confidential business information (CBI). Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraph (g)(1) or (2) of this section, you should submit a complete file, including information claimed to be CBI, to the EPA.\n\n(B) The file must be generated using the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website.\n\n(C) Clearly mark the part or all of the information that you claim to be CBI. Information not marked as CBI may be authorized for public release without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.\n\n(D) The preferred method to receive CBI is for it to be transmitted electronically using email attachments, File Transfer Protocol, or other online file sharing services. Electronic submissions must be transmitted directly to the Office of Air Quality Planning and Standards (OAQPS) CBI Office at the email address  oaqpscbi@epa.gov , and as described in this paragraph (g), should include clear CBI markings and be flagged to the attention of Lead of 2015 Ozone Transport FIP. If assistance is needed with submitting large electronic files that exceed the file size limit for email attachments, and if you do not have your own file sharing service, please email  oaqpscbi@epa.gov  to request a file transfer link.\n\n(E) If you cannot transmit the file electronically, you may send CBI information through the postal service to the following address: OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Lead of 2015 Ozone Transport FIP. The mailed CBI material should be double wrapped and clearly marked. Any CBI markings should not show through the outer envelope.\n\n(F) All CBI claims must be asserted at the time of submission. Anything submitted using CEDRI cannot later be claimed CBI. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available.\n\n(G) You must submit the same file submitted to the CBI office with the CBI omitted to the EPA via the EPA's CDX as described in paragraphs (g)(1) and (2) of this section.\n\n(2) Annual reports must be submitted via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by \u00a7 52.41, \u00a7 52.42, \u00a7 52.43, \u00a7 52.44, \u00a7 52.45, or \u00a7 52.46.\n\n(3) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with that reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (g)(3)(i) through (vii) of this section.\n\n(i) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems.\n\n(ii) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due.\n\n(iii) The outage may be planned or unplanned.\n\n(iv) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.\n\n(v) You must provide to the Administrator a written description identifying:\n\n(A) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable;\n\n(B) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage;\n\n(C) A description of measures taken or to be taken to minimize the delay in reporting; and\n\n(D) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.\n\n(vi) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator.\n\n(vii) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved.\n\n(4) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with that reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (g)(4)(i) through (v) of this section.\n\n(i) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected unit, its contractors, or any entity controlled by the affected unit that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g.,  hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected unit ( e.g.,  large scale power outage).\n\n(ii) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting.\n\n(iii) You must provide to the Administrator:\n\n(A) A written description of the force majeure event;\n\n(B) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event;\n\n(C) A description of measures taken or to be taken to minimize the delay in reporting; and\n\n(D) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported.\n\n(iv) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator.\n\n(v) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs."], ["40:40:3.0.1.1.1.1.1.37", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.41", "\u00a7 52.41 What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Pipeline Transportation of Natural Gas Industry?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[88 FR 36869, June 5, 2023]", "(a)  Definitions.  All terms not defined in this paragraph (a) shall have the meaning given to them in the Act and in subpart A of 40 CFR part 60.\n\nAffected unit  means an engine meeting the applicability criteria of this section.\n\nCap  means the total amount of NO X  emissions, in tons per day on a 30-day rolling average basis, that is collectively allowed from all of the affected units covered by a Facility-Wide Averaging Plan and is calculated as the sum each affected unit's NO X  emissions at the emissions limit applicable to such unit under paragraph (c) of this section, converted to tons per day in accordance with paragraph (d)(3) of this section.\n\nEmergency engine  means any stationary reciprocating internal combustion engine (RICE) that meets all of the criteria in paragraphs (i) and (ii) of this definition. All emergency stationary RICE must comply with the requirements specified in paragraph (b)(1) of this section in order to be considered emergency engines. If the engine does not comply with the requirements specified in paragraph (b)(1), it is not considered an emergency engine under this section.\n\n(i) The stationary engine is operated to provide electrical power or mechanical work during an emergency situation. Examples include stationary RICE used to produce power for critical networks or equipment (including power supplied to portions of a facility) when electric power from the local utility (or the normal power source, if the facility runs on its own power production) is interrupted, or stationary RICE used to pump water in the case of fire or flood, etc.\n\n(ii) The stationary RICE is operated under limited circumstances for purposes other than those identified in paragraph (i) of this definition, as specified in paragraph (b)(1) of this section.\n\nFacility  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). Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same \u201cMajor Group\u201d ( i.e.,  which have the same first two digit code as described in the Standard Industrial Classification Manual, 1987). For purposes of this section, a facility may not extend beyond the 20 states identified in \u00a7 52.40(b)(2).\n\nFour stroke  means any type of engine which completes the power cycle in two crankshaft revolutions, with intake and compression strokes in the first revolution and power and exhaust strokes in the second revolution.\n\nISO conditions  means 288 Kelvin (15 \u00b0C), 60 percent relative humidity, and 101.3 kilopascals pressure.\n\nLean burn  means any two-stroke or four-stroke spark ignited reciprocating internal combustion engine that does not meet the definition of a rich burn engine.\n\nLocal Distribution Companies (LDCs)  are companies that own or operate distribution pipelines, but not interstate pipelines or intrastate pipelines, that physically deliver natural gas to end users and that are within a single state that are regulated as separate operating companies by State public utility commissions or that operate as independent municipally-owned distribution systems. LDCs do not include pipelines (both interstate and intrastate) delivering natural gas directly to major industrial users and farm taps upstream of the local distribution company inlet.\n\nLocal Distribution Company (LDC) custody transfer station  means a metering station where the LDC receives a natural gas supply from an upstream supplier, which may be an interstate transmission pipeline or a local natural gas producer, for delivery to customers through the LDC's intrastate transmission or distribution lines.\n\nNameplate rating  means the manufacturer's maximum design capacity in horsepower (hp) at the installation site conditions. Starting from the completion of any physical change in the engine resulting in an increase in the maximum output (in hp) that the engine is capable of producing on a steady state basis and during continuous operation, such increased maximum output shall be as specified by the person conducting the physical change.\n\nNatural gas  means a fluid mixture of hydrocarbons ( e.g.,  methane, ethane, or propane) or non-hydrocarbons, composed of at least 70 percent methane by volume or that has a gross calorific value between 35 and 41 megajoules (MJ) per dry standard cubic meter (950 and 1,100 Btu per dry standard cubic foot), that maintains a gaseous state under ISO conditions. Natural gas does not include the following gaseous fuels: Landfill gas, digester gas, refinery gas, sour gas, blast furnace gas, coal-derived gas, producer gas, coke oven gas, or any gaseous fuel produced in a process which might result in highly variable CO 2  content or heating value.\n\nNatural gas-fired  means that greater than or equal to 90% of the engine's heat input, excluding recirculated or recuperated exhaust heat, is derived from the combustion of natural gas.\n\nNatural gas processing plant  means any processing site engaged in the extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products, or both. A Joule-Thompson valve, a dew point depression valve, or an isolated or standalone Joule-Thompson skid is not a natural gas processing plant.\n\nNatural gas production facility  means all equipment at a single stationary source directly associated with one or more natural gas wells upstream of the natural gas processing plant. This equipment includes, but is not limited to, equipment used for storage, separation, treating, dehydration, artificial lift, combustion, compression, pumping, metering, monitoring, and flowline.\n\nOperating day  means a 24-hour period beginning at 12:00 midnight during which any fuel is combusted at any time in the engine.\n\nPipeline transportation of natural gas  means the movement of natural gas through an interconnected network of compressors and pipeline components, including the compressor and pipeline network used to transport the natural gas from processing plants over a distance (intrastate or interstate) to and from storage facilities, to large natural gas end-users, and prior to delivery to a \u201clocal distribution company custody transfer station\u201d (as defined in this section) of an LDC that provides the natural gas to end-users.  Pipeline transportation of natural gas  does not include natural gas production facilities, natural gas processing plants, or the portion of a compressor and pipeline network that is upstream of a natural gas processing plant.\n\nReciprocating internal combustion engine (RICE)  means a reciprocating engine in which power, produced by heat and/or pressure that is developed in the engine combustion chambers by the burning of a mixture of air and fuel, is subsequently converted to mechanical work.\n\nRich burn  means any four-stroke spark ignited reciprocating internal combustion engine where the manufacturer's recommended operating air/fuel ratio divided by the stoichiometric air/fuel ratio at full load conditions is less than or equal to 1.1. Internal combustion engines originally manufactured as rich burn engines but modified with passive emissions control technology for nitrogen oxides (NO X ) (such as pre-combustion chambers) will be considered lean burn engines. Existing affected unit where there are no manufacturer's recommendations regarding air/fuel ratio will be considered rich burn engines if the excess oxygen content of the exhaust at full load conditions is less than or equal to 2 percent.\n\nSpark ignition  means a reciprocating internal combustion engine utilizing a spark plug (or other sparking device) to ignite the air/fuel mixture and with operating characteristics significantly similar to the theoretical Otto combustion cycle.\n\nStoichiometric  means the theoretical air-to-fuel ratio required for complete combustion.\n\nTwo stroke  means a type of reciprocating internal combustion engine which completes the power cycle in a single crankshaft revolution by combining the intake and compression operations into one stroke (one-half revolution) and the power and exhaust operations into a second stroke. This system requires auxiliary exhaust scavenging of the combustion products and inherently runs lean (excess of air) of stoichiometry.\n\n(b)  Applicability.  You are subject to the requirements under this section if you own or operate a new or existing natural gas-fired spark ignition engine, other than an emergency engine, with a nameplate rating of 1,000 hp or greater that is used for pipeline transportation of natural gas and is located within any of the States listed in \u00a7 52.40(c)(2), including Indian country located within the borders of any such State(s).\n\n(1) For purposes of this section, the owner or operator of an emergency stationary RICE must operate the RICE according to the requirements in paragraphs (b)(1)(i) through (iii) of this section to be treated as an emergency stationary RICE. In order for stationary RICE to be treated as an emergency RICE under this subpart, any operation other than emergency operation, maintenance and testing, and operation in non-emergency situations for up to 50 hours per year, as described in paragraphs (b)(1)(i) through (iii), is prohibited. If you do not operate the RICE according to the requirements in paragraphs (b)(1)(i) through (iii), the RICE will not be considered an emergency engine under this section and must meet all requirements for affected units in this section.\n\n(i) There is no time limit on the use of emergency stationary RICE in emergency situations.\n\n(ii) The owner or operator may operate your emergency stationary RICE for maintenance checks and readiness testing for a maximum of 100 hours per calendar year, provided that the tests are recommended by a Federal, state, or local government agency, the manufacturer, the vendor, or the insurance company associated with the engine. Any operation for non-emergency situations as allowed by paragraph (b)(1)(iii) of this section counts as part of the 100 hours per calendar year allowed by paragraph (b)(1)(ii) of this section. The owner or operator may petition the Administrator for approval of additional hours to be used for maintenance checks and readiness testing, but a petition is not required if the owner or operator maintains records confirming that Federal, state, or local standards require maintenance and testing of emergency RICE beyond 100 hours per calendar year. Any approval of a petition for additional hours granted by the Administrator under 40 CFR part 63, subpart ZZZZ, shall constitute approval by the Administrator of the same petition under this paragraph (b)(1)(ii).\n\n(iii) Emergency stationary RICE may be operated for up to 50 hours per calendar year in non-emergency situations. The 50 hours of operation in non-emergency situations are counted as part of the 100 hours per calendar year for maintenance and testing provided in paragraph (b)(1)(ii) of this section.\n\n(2) If you own or operate a natural gas-fired two stroke lean burn spark ignition engine manufactured after July 1, 2007 that is meeting the applicable emissions limits in 40 CFR part 60, subpart JJJJ, table 1, the engine is not an affected unit under this section and you do not have to comply with the requirements of this section.\n\n(3) If you own or operate a natural gas-fired four stroke lean or rich burn spark ignition engine manufactured after July 1, 2010, that is meeting the applicable emissions limits in 40 CFR part 60, subpart JJJJ, table 1, the engine is not an affected unit under this section and you do not have to comply with the requirements of this section.\n\n(c)  Emissions limitations.  If you are the owner or operator of an affected unit, you must meet the following emissions limitations on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter:\n\n(1) Natural gas-fired four stroke rich burn spark ignition engine: 1.0 grams per hp-hour (g/hp-hr);\n\n(2) Natural gas-fired four stroke lean burn spark ignition engine: 1.5 g/hp-hr; and\n\n(3) Natural gas-fired two stroke lean burn spark ignition engine: 3.0 g/hp-hr.\n\n(d)  Facility-Wide Averaging Plan.  If you are the owner or operator of a facility containing more than one affected unit, you may submit a request via the CEDRI or analogous electronic submission system provided by the EPA to the Administrator for approval of a proposed Facility-Wide Averaging Plan as an alternative means of compliance with the applicable emissions limits in paragraph (c) of this section. Any such request shall be submitted to the Administrator on or before October 1st of the year prior to each emissions averaging year. The Administrator will approve a proposed Facility-Wide Averaging Plan submitted under this paragraph (d) if the Administrator determines that the proposed Facility-Wide Averaging Plan meets the requirements of this paragraph (d), will provide total emissions reductions equivalent to or greater than those achieved by the applicable emissions limits in paragraph (c), and identifies satisfactory means for determining initial and continuous compliance, including appropriate testing, monitoring, recordkeeping, and reporting requirements. You may only include affected units ( i.e.,  engines meeting the applicability criteria in paragraph (b) of this section) in a Facility-Wide Averaging Plan. Upon EPA approval of a proposed Facility-Wide Averaging Plan, you cannot withdraw any affected unit listed in such plan, and the terms of the plan may not be changed unless approved in writing by the Administrator.\n\n(1) Each request for approval of a proposed Facility-Wide Averaging Plan shall include, but not be limited to:\n\n(i) The address of the facility;\n\n(ii) A list of all affected units at the facility that will be covered by the plan, identified by unit identification number, the engine manufacturer's name, and model;\n\n(iii) For each affected unit, a description of any existing NO X  emissions control technology and the date of installation, and a description of any NO X  emissions control technology to be installed and the projected date of installation;\n\n(iv) Identification of the emissions cap, calculated in accordance with paragraph (d)(3) of this section, that all affected units covered by the proposed Facility-Wide Averaging Plan will be subject to during the ozone season, together with all assumptions included in such calculation; and\n\n(iv) Adequate provisions for testing, monitoring, recordkeeping, and reporting for each affected unit.\n\n(2) Upon the Administrator's approval of a proposed Facility-Wide Averaging Plan, the owner or operator of the affected units covered by the Facility-Wide Averaging Plan shall comply with the cap identified in the plan in lieu of the emissions limits in paragraph (c) of this section. You will be in compliance with the cap if the sum of NO X  emissions from all units covered by the Facility-Wide Averaging Plan, in tons per day on a 30-day rolling average basis, is less than or equal to the cap.\n\n(3) The owner or operator will calculate the cap according to equation 1 to this paragraph (d)(3). You will monitor and record daily hours of engine operation for use in calculating the cap on a 30-day rolling average basis. You will base the hours of operation on hour readings from a non-resettable hour meter or an equivalent monitoring device.\n\nWhere:\n \n H i  = the average daily operating hours based on the highest consecutive 30-day period during the ozone season of the two most recent years preceding the emissions averaging year (hours).\n \n i = each affected unit included in the Cap.\n \n N = number of affected units.\n \n DC = the engine manufacturer's design maximum capacity in horsepower (hp) at the installation site conditions.\n \n R li  = the emissions limit for each affected unit from paragraph (c) of this section (grams/hp-hr).\n\nWhere:\n\nH i  = the average daily operating hours based on the highest consecutive 30-day period during the ozone season of the two most recent years preceding the emissions averaging year (hours).\n\ni = each affected unit included in the Cap.\n\nN = number of affected units.\n\nDC = the engine manufacturer's design maximum capacity in horsepower (hp) at the installation site conditions.\n\nR li  = the emissions limit for each affected unit from paragraph (c) of this section (grams/hp-hr).\n\n(i) Any affected unit for which less than two years of operating data are available shall not be included in the Facility-Wide Averaging Plan unless the owner or operator extrapolates the available operating data for the affected unit to two years of operating data, for use in calculating the emissions cap in accordance with paragraph (d)(3) of this section.\n\n(ii) [Reserved]\n\n(4) The owner or operator of an affected units covered by an EPA-approved Facility-Wide Averaging Plan will be in violation of the cap if the sum of NO X  emissions from all such units, in tons per day on a 30-day rolling average basis, exceeds the cap. Each day of noncompliance by each affected unit covered by the Facility-Wide Averaging Plan shall be a violation of the cap until corrective action is taken to achieve compliance.\n\n(e)  Testing and monitoring requirements.  (1) If you are the owner or operator of an affected unit subject to a NO X  emissions limit under paragraph (c) of this section, you must keep a maintenance plan and records of conducted maintenance and must, to the extent practicable, maintain and operate the engine in a manner consistent with good air pollution control practice for minimizing emissions.\n\n(2) If you are the owner or operator of an affected unit and are operating a NO X  continuous emissions monitoring system (CEMS) that monitors NO X  emissions from the affected unit, you may use the CEMS data in lieu of the annual performance tests and parametric monitoring required under this section. You must meet the following requirements for using CEMS to monitor NO X  emissions:\n\n(i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NO X  emissions and either oxygen (O 2 ) or carbon dioxide (CO 2 ).\n\n(ii) The CEMS shall be operated and data recorded during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. Data shall be recorded during calibration checks and zero and span adjustments.\n\n(iii) The 1-hour average NO X  emissions rates measured by the CEMS shall be used to calculate the average emissions rates to demonstrate compliance with the applicable emissions limits in this section.\n\n(iv) The procedures under 40 CFR 60.13 shall be followed for installation, evaluation, and operation of the continuous monitoring systems.\n\n(v) When NO X  emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data will be obtained by using standby monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A of 40 CFR part 60, appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.\n\n(3)(i) If you are the owner or operator of a new affected unit, you must conduct an initial performance test within six months of engine startup and conduct subsequent performance tests every twelve months thereafter to demonstrate compliance. If pollution control equipment is installed to comply with a NO X  emissions limit in paragraph (c) of this section, however, the initial performance test shall be conducted within 90 days of such installation.\n\n(ii) If you are the owner or operator of an existing affected unit, you must conduct an initial performance test within six months of becoming subject to an emissions limit under paragraph (c) of this section and conduct subsequent performance tests every twelve months thereafter to demonstrate compliance. If pollution control equipment is installed to comply with a NO X  emissions limit in paragraph (c) of this section, however, the initial performance test shall be conducted within 90 days of such installation.\n\n(iii) If you are the owner or operator of a new or existing affected unit that is only operated during peak demand periods outside of the ozone season and the engine's hours of operation during the ozone season are 50 hours or less, the affected unit is not subject to the testing and monitoring requirements of this paragraph (e)(3)(iii) as long as you record and report your hours of operation during the ozone season in accordance with paragraphs (f) and (g) of this section.\n\n(iv) If you are the owner or operator of an affected unit, you must conduct all performance tests consistent with the requirements of 40 CFR 60.4244 in accordance with the applicable reference test methods identified in table 2 to subpart JJJJ of 40 CFR part 60, any alternative test method approved by the EPA as of June 5, 2023, under 40 CFR 59.104(f), 60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii), or 65.158(a)(2) and available at the EPA's website ( https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods ), or other methods and procedures approved by the EPA through notice-and-comment rulemaking. To determine compliance with the NO X  emissions limit in paragraph (c) of this section, the emissions rate shall be calculated in accordance with the requirements of 40 CFR 60.4244(d).\n\n(4) If you are the owner or operator of an affected unit that has a non-selective catalytic reduction (NSCR) control device to reduce emissions, you must:\n\n(i) Monitor the inlet temperature to the catalyst daily and conduct maintenance if the temperature is not within the observed inlet temperature range from the most recent performance test or the temperatures specified by the manufacturer if no performance test was required by this section; and\n\n(ii) Measure the pressure drop across the catalyst monthly and conduct maintenance if the pressure drop across the catalyst changes by more than 2 inches of water at 100 percent load plus or minus 10 percent from the pressure drop across the catalyst measured during the most recent performance test.\n\n(5) If you are the owner of operator of an affected unit not using an NSCR control device to reduce emissions, you are required to conduct continuous parametric monitoring to assure compliance with the applicable emissions limits according to the requirements in paragraphs (e)(5)(i) through (vi) of this section.\n\n(i) You must prepare a site-specific monitoring plan that includes all of the following monitoring system design, data collection, and quality assurance and quality control elements:\n\n(A) The performance criteria and design specifications for the monitoring system equipment, including the sample interface, detector signal analyzer, and data acquisition and calculations.\n\n(B) Sampling interface ( e.g.,  thermocouple) location such that the monitoring system will provide representative measurements.\n\n(C) Equipment performance evaluations, system accuracy audits, or other audit procedures.\n\n(D) Ongoing operation and maintenance procedures in accordance with the requirements of paragraph (e)(1) of this section.\n\n(E) Ongoing recordkeeping and reporting procedures in accordance with the requirements of paragraphs (f) and (g) of this section.\n\n(ii) You must continuously monitor the selected operating parameters according to the procedures in your site-specific monitoring plan.\n\n(iii) You must collect parametric monitoring data at least once every 15 minutes.\n\n(iv) When measuring temperature range, the temperature sensor must have a minimum tolerance of 2.8 degrees Celsius (5 degrees Fahrenheit) or 1 percent of the measurement range, whichever is larger.\n\n(v) You must conduct performance evaluations, system accuracy audits, or other audit procedures specified in your site-specific monitoring plan at least annually.\n\n(vi) You must conduct a performance evaluation of each parametric monitoring device in accordance with your site-specific monitoring plan.\n\n(6) If you are the owner or operator of an affected unit that is only operated during peak periods outside of the ozone season and your hours of operation during the ozone season are 0, you are not subject to the testing and monitoring requirements of this paragraph (e)(6) so long as you record and report your hours of operation during the ozone season in accordance with paragraphs (f) and (g) of this section.\n\n(f)  Recordkeeping requirements.  If you are the owner or operator of an affected unit, you must keep records of:\n\n(1) Performance tests conducted pursuant to paragraph (e)(2) of this section, including the date, engine settings on the date of the test, and documentation of the methods and results of the testing.\n\n(2) Catalyst monitoring required by paragraph (e)(3) of this section, if applicable, and any actions taken to address monitored values outside the temperature or pressure drop parameters, including the date and a description of actions taken.\n\n(3) Parameters monitored pursuant to the facility's site-specific parametric monitoring plan.\n\n(4) Hours of operation on a daily basis.\n\n(5) Tuning, adjustments, or other combustion process adjustments and the date of the adjustment(s).\n\n(6) For any Facility-Wide Averaging Plan approved by the Administrator under paragraph (d) of this section, daily calculations of total NO X  emissions to demonstrate compliance with the cap during the ozone season. You must use the equation in this paragraph (f)(6) to calculate total NO X  emissions from all affected units covered by the Facility-Wide Averaging Plan, in tons per day on a 30-day rolling average basis, for purposes of determining compliance with the cap during the ozone season. A new 30-day rolling average emissions rate in tpd is calculated for each operating day during the ozone season, using the 30-day rolling average daily operating hours for the preceding 30 operating days.\n\nWhere:\n \n H ai  = the consecutive 30-day rolling average daily operating hours for the preceding 30 operating days during ozone season (hours).\n \n i = each affected unit.\n \n N = number of affected units.\n \n DC = the engine manufacturer's maximum design capacity in horsepower (hp) at the installation site conditions.\n \n R ai  = the actual emissions rate for each affected unit based on the most recent performance test results, (grams/hp-hr).\n\nWhere:\n\nH ai  = the consecutive 30-day rolling average daily operating hours for the preceding 30 operating days during ozone season (hours).\n\ni = each affected unit.\n\nN = number of affected units.\n\nDC = the engine manufacturer's maximum design capacity in horsepower (hp) at the installation site conditions.\n\nR ai  = the actual emissions rate for each affected unit based on the most recent performance test results, (grams/hp-hr).\n\n(g)  Reporting requirements.  (1) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in \u00a7 52.40(g) within 60 days after completing each performance test required by this section.\n\n(2) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NO X  emissions rate that exceeds the applicable emissions limit in paragraph (c) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in \u00a7 52.40(g).\n\n(3) If you are the owner or operator of an affected unit, you must submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in paragraph (g) of this section. The report shall contain the following information:\n\n(i) The name and address of the owner and operator;\n\n(ii) The address of the subject engine;\n\n(iii) Longitude and latitude coordinates of the subject engine;\n\n(iv) Identification of the subject engine;\n\n(v) Statement of compliance with the applicable emissions limit under paragraph (c) of this section or a Facility-Wide Averaging Plan under paragraph (d) of this section;\n\n(vi) Statement of compliance regarding the conduct of maintenance and operations in a manner consistent with good air pollution control practices for minimizing emissions;\n\n(vii) The date and results of the performance test conducted pursuant to paragraph (e) of this section;\n\n(viii) Any records required by paragraph (f) of this section, including records of parametric monitoring data, to demonstrate compliance with the applicable emissions limit under paragraph (c) of this section or a Facility-Wide Averaging Plan under paragraph (d) of this section, if applicable;\n\n(ix) If applicable, a statement documenting any change in the operating characteristics of the subject engine; and\n\n(x) A statement certifying that the information included in the annual report is complete and accurate."], ["40:40:3.0.1.1.1.1.1.38", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.42", "\u00a7 52.42 What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Cement and Concrete Product Manufacturing Industry?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[88 FR 36869, June 5, 2023]", "(a)  Definitions.  All terms not defined in this paragraph (a) shall have the meaning given to them in the Act and in subpart A of 40 CFR part 60.\n\nAffected unit  means a cement kiln meeting the applicability criteria of this section.\n\nCement kiln  means an installation, including any associated pre-heater or pre-calciner devices, that produces clinker by heating limestone and other materials to produce Portland cement.\n\nCement plant  means any facility manufacturing cement by either the wet or dry process.\n\nClinker  means the product of a cement kiln from which finished cement is manufactured by milling and grinding.\n\nOperating day  means a 24-hour period beginning at 12:00 midnight during which the kiln produces clinker at any time.\n\n(b)  Applicability.  You are subject to the requirements of this section if you own or operate a new or existing cement kiln that emits or has the potential to emit 100 tons per year or more of NO X  on or after August 4, 2023, and is located within any of the States listed in \u00a7 52.40(c)(2), including Indian country located within the borders of any such State(s). Any existing cement kiln with a potential to emit of 100 tons per year or more of NO X  on August 4, 2023, will continue to be subject to the requirements of this section even if that unit later becomes subject to a physical or operational limitation that lowers its potential to emit below 100 tons per year of NO X .\n\n(c)  Emissions limitations.  If you are the owner or operator of an affected unit, you must meet the following emissions limitations on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter:\n\n(1) Long wet kilns: 4.0 lb/ton of clinker;\n\n(2) Long dry kilns: 3.0 lb/ton of clinker;\n\n(3) Preheater kilns: 3.8 lb/ton of clinker;\n\n(4) Precalciner kilns: 2.3 lb/ton of clinker; and\n\n(5) Preheater/Precalciner kilns: 2.8 lb/ton of clinker.\n\n(d)  Testing and monitoring requirements.  (1) If you are the owner or operator of an affected unit you must conduct performance tests, on an annual basis, in accordance with the applicable reference test methods of 40 CFR part 60, appendix A-4, any alternative test method approved by the EPA as of June 5, 2023, under 40 CFR 59.104(f), 60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii), or 65.158(a)(2) and available at the EPA's website ( https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods ), or other methods and procedures approved by the EPA through notice-and-comment rulemaking. The annual performance test does not have to be performed during the ozone season. You must calculate and record the 30-operating day rolling average emissions rate of NO X  as the total of all hourly emissions data for a cement kiln in the preceding 30 days, divided by the total tons of clinker produced in that kiln during the same 30-operating day period, using equation 1 to this paragraph (d)(1):\n\nWhere:\n \n E 30D  = 30 kiln operating day average emissions rate of NO X , in lbs/ton of clinker.\n \n Ci = Concentration of NO X  for hour i, in ppm.\n \n Qi = Volumetric flow rate of effluent gas for hour i, where Ci and Qi are on the same basis (either wet or dry), in scf/hr.\n \n P = 30 days of clinker production during the same Time period as the NO X  emissions measured, in tons.\n \n k = Conversion factor, 1.194 \u00d7  10\u22127  for NO X , in lb/scf/ppm.\n \n n = Number of kiln operating hours over 30 kiln operating days.\n\nWhere:\n\nE 30D  = 30 kiln operating day average emissions rate of NO X , in lbs/ton of clinker.\n\nCi = Concentration of NO X  for hour i, in ppm.\n\nQi = Volumetric flow rate of effluent gas for hour i, where Ci and Qi are on the same basis (either wet or dry), in scf/hr.\n\nP = 30 days of clinker production during the same Time period as the NO X  emissions measured, in tons.\n\nk = Conversion factor, 1.194 \u00d7  10\u22127  for NO X , in lb/scf/ppm.\n\nn = Number of kiln operating hours over 30 kiln operating days.\n\n(2) If you are the owner or operator of an affected unit and are operating a NO X  continuous emissions monitoring system (CEMS) that monitors NO X  emissions from the affected unit, you may use the CEMS data in lieu of the annual performance tests and parametric monitoring required under this section. You must meet the following requirements for using CEMS to monitor NO X  emissions:\n\n(i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NO X  emissions and either oxygen (O 2 ) or carbon dioxide (CO 2 ).\n\n(ii) The CEMS shall be operated and data recorded during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. Data shall be recorded during calibration checks and zero and span adjustments.\n\n(iii) The 1-hour average NO X  emissions rates measured by the CEMS shall be expressed in terms of lbs/ton of clinker and shall be used to calculate the average emissions rates to demonstrate compliance with the applicable emissions limits in this section.\n\n(iv) The procedures under 40 CFR 60.13 shall be followed for installation, evaluation, and operation of the continuous monitoring systems.\n\n(v) When NO X  emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, emissions data will be obtained by using standby monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A of 40 CFR part 60, appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.\n\n(3) If you are the owner or operator of an affected unit not operating NO X  CEMS, you must conduct an initial performance test before the 2026 ozone season to establish appropriate indicator ranges for operating parameters and continuously monitor those operator parameters consistent with the requirements of paragraphs (d)(3)(i) through (v) of this section.\n\n(i) You must monitor and record kiln stack exhaust gas flow rate, hourly clinker production rate or kiln feed rate, and kiln stack exhaust temperature during the initial performance test and subsequent annual performance tests to demonstrate continuous compliance with your NO X  emissions limits.\n\n(ii) You must determine hourly clinker production by one of two methods:\n\n(A) Install, calibrate, maintain, and operate a permanent weigh scale system to record weight rates of the amount of clinker produced in tons of mass per hour. The system of measuring hourly clinker production must be maintained within \u00b15 percent accuracy; or\n\n(B) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates of the amount of feed to the kiln in tons of mass per hour. The system of measuring feed must be maintained within \u00b15 percent accuracy. Calculate your hourly clinker production rate using a kiln specific feed-to-clinker ratio based on reconciled clinker production rates determined for accounting purposes and recorded feed rates. This ratio should be updated monthly. Note that if this ratio changes at clinker reconciliation, you must use the new ratio going forward, but you do not have to retroactively change clinker production rates previously estimated.\n\n(C) For each kiln operating hour for which you do not have data on clinker production or the amount of feed to the kiln, use the value from the most recent previous hour for which valid data are available.\n\n(D) If you measure clinker production directly, record the daily clinker production rates; if you measure the kiln feed rates and calculate clinker production, record the daily kiln feed and clinker production rates.\n\n(iii) You must use the kiln stack exhaust gas flow rate, hourly kiln production rate or kiln feed rate, and kiln stack exhaust temperature during the initial performance test and subsequent annual performance tests as indicators of NO X  operating parameters to demonstrate continuous compliance and establish site-specific indicator ranges for these operating parameters.\n\n(iv) You must repeat the performance test annually to reassess and adjust the site-specific operating parameter indicator ranges in accordance with the results of the performance test.\n\n(v) You must report and include your ongoing site-specific operating parameter data in the annual reports required under paragraph (e) of this section and semi-annual title V monitoring reports to the relevant permitting authority.\n\n(e)  Recordkeeping requirements.  If you are the owner or operator of an affected unit, you shall maintain records of the following information for each day the affected unit operates:\n\n(1) Calendar date;\n\n(2) The average hourly NO X  emissions rates measured or predicted;\n\n(3) The 30-day average NO X  emissions rates calculated at the end of each affected unit operating day from the measured or predicted hourly NO X  emissions rates for the preceding 30 operating days;\n\n(4) Identification of the affected unit operating days when the calculated 30-day average NO X  emissions rates are in excess of the applicable site-specific NO X  emissions limit with the reasons for such excess emissions as well as a description of corrective actions taken;\n\n(5) Identification of the affected unit operating days for which pollutant data have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken;\n\n(6) Identification of the times when emissions data have been excluded from the calculation of average emissions rates and the reasons for excluding data;\n\n(7) If a CEMS is used to verify compliance:\n\n(i) Identification of the times when the pollutant concentration exceeded full span of the CEMS;\n\n(ii) Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with Performance Specification 2 or 3 in appendix B to 40 CFR part 60; and\n\n(iii) Results of daily CEMS drift tests and quarterly accuracy assessments as required under Procedure 1 of 40 CFR part 60, appendix F;\n\n(8) Operating parameters required under paragraph (d) of this section to demonstrate compliance during the ozone season;\n\n(9) Each fuel type, usage, and heat content; and\n\n(10) Clinker production rates.\n\n(f)  Reporting requirements.  (1) If you are the owner or operator of an affected unit, you shall submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in \u00a7 52.40(g) within 60 days after the date of completing each performance test required by this section.\n\n(2) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NO X  emissions rate that exceeds the applicable emissions limit established under paragraph (c) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in \u00a7 52.40(g).\n\n(3) If you are the owner or operator of an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in \u00a7 52.40(g). The report shall include records all records required by paragraph (d) of this section, including record of CEMS data or operating parameters required by paragraph (d) to demonstrate continuous compliance the applicable emissions limits under paragraph (c) of this section.\n\n(g)  Initial notification requirements for existing affected units.  (1) The requirements of this paragraph (g) apply to the owner or operator of an existing affected unit.\n\n(2) The owner or operator of an existing affected unit that emits or has a potential to emit 100 tons per year or greater as of August 4, 2023, shall notify the Administrator via the CEDRI or analogous electronic submission system provided by the EPA that the unit is subject to this section. The notification, which shall be submitted not later than December 4, 2023, shall be submitted in PDF format to the EPA via CEDRI, which can be accessed through the EPA's CDX ( https://cdx.epa.gov/ ). The notification shall provide the following information:\n\n(i) The name and address of the owner or operator;\n\n(ii) The address ( i.e.,  physical location) of the affected unit;\n\n(iii) An identification of the relevant standard, or other requirement, that is the basis for the notification and the unit's compliance date; and\n\n(iv) A brief description of the nature, size, design, and method of operation of the facility and an identification of the types of emissions points (units) within the facility subject to the relevant standard."], ["40:40:3.0.1.1.1.1.1.39", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.43", "\u00a7 52.43 What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Iron and Steel Mills and Ferroalloy Manufacturing Industry?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[88 FR 36869, June 5, 2023]", "(a)  Definitions.  All terms not defined in this paragraph (a) shall have the meaning given to them in the Act and in subpart A of 40 CFR part 60.\n\nAffected unit  means any reheat furnace meeting the applicability criteria of this section.\n\nDay  means a calendar day unless expressly stated to be a business day. In computing any period of time for recordkeeping and reporting purposes where the last day would fall on a Saturday, Sunday, or Federal holiday, the period shall run until the close of business of the next business day.\n\nLow NO X   burner  means a burner designed to reduce flame turbulence by the mixing of fuel and air and by establishing fuel-rich zones for initial combustion, thereby reducing the formation of NO X .\n\nLow-NO X   technology  means any post-combustion NO X  control technology capable of reducing NO X  emissions by 40% from baseline emission levels as measured during pre-installation testing.\n\nOperating day  means a 24-hour period beginning at 12:00 midnight during which any fuel is combusted at any time in the reheat furnace.\n\nReheat furnace  means a furnace used to heat steel product\u2014including metal ingots, billets, slabs, beams, blooms and other similar products\u2014for the purpose of deformation and rolling.\n\n(b)  Applicability.  The requirements of this section apply to each new or existing reheat furnace at an iron and steel mill or ferroalloy manufacturing facility that directly emits or has the potential to emit 100 tons per year or more of NO X  on or after August 4, 2023, does not have low-NO X  burners installed, and is located within any of the States listed in \u00a7 52.40(c)(2), including Indian country located within the borders of any such State(s). Any existing reheat furnace with a potential to emit of 100 tons per year or more of NO X  on August 4, 2023, will continue to be subject to the requirements of this section even if that unit later becomes subject to a physical or operational limitation that lowers its potential to emit below 100 tons per year of NO X .\n\n(c)  Emissions control requirements.  If you are the owner or operator of an affected unit without low-NO X  burners already installed, you must install and operate low-NO X  burners or equivalent alternative low-NO X  technology designed to achieve at least a 40% reduction from baseline NO X  emissions in accordance with the work plan established pursuant to paragraph (d) of this section. You must meet the emissions limit established under paragraph (d) on a 30-day rolling average basis.\n\n(d)  Work plan requirements.  (1) The owner or operator of each affected unit must submit a work plan for each affected unit by August 5, 2024. The work plan must be submitted via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in \u00a7 52.40(g). Each work plan must include a description of the affected unit and rated production and energy capacities, identification of the low-NO X  burner or alternative low NO X  technology selected, and the phased construction timeframe by which you will design, install, and consistently operate the device. Each work plan shall also include, where applicable, performance test results obtained no more than five years before August 4, 2023, to be used as baseline emissions testing data providing the basis for required emissions reductions. If no such data exist, then the owner or operator must perform pre-installation testing as described in paragraph (e)(3) of this section.\n\n(2) The owner or operator of an affected unit shall design each low-NO X  burner or alternative low-NO X  technology identified in the work plan to achieve NO X  emission reductions by a minimum of 40% from baseline emission levels measured during performance testing that meets the criteria set forth in paragraph (e)(1) of this section, or during pre-installation testing as described in paragraph (e)(3) of this section. Each low-NO X  burner or alternative low-NO X  technology shall be continuously operated during all production periods according to paragraph (c) of this section.\n\n(3) The owner or operator of an affected unit shall establish an emissions limit in the work plan that the affected unit must comply with in accordance with paragraph (c) of this section.\n\n(4) The EPA's action on work plans:\n\n(i) The Administrator will provide via the CEDRI or analogous electronic submission system provided by the EPA notification to the owner or operator of an affected unit if the submitted work plan is complete, that is, whether the request contains sufficient information to make a determination, within 60 calendar days after receipt of the original work plan and within 60 calendar days after receipt of any supplementary information.\n\n(ii) The Administrator will provide notification via the CEDRI or analogous electronic submission system provided by the EPA, which shall be publicly available, to the owner or operator of a decision to approve or intention to disapprove the work plan within 60 calendar days after providing written notification pursuant to paragraph (d)(4)(i) of this section that the submitted work plan is complete.\n\n(iii) Before disapproving a work plan, the Administrator will notify the owner or operator via the CEDRI or analogous electronic submission system provided by the EPA of the Administrator's intention to issue the disapproval, together with:\n\n(A) Notice of the information and findings on which the intended disapproval is based; and\n\n(B) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after he/she is notified of the intended disapproval, additional information or arguments to the Administrator before further action on the work plan.\n\n(iv) The Administrator's final decision to disapprove a work plan will be via the CEDRI or analogous electronic submission system provided by the EPA and publicly available, and will set forth the specific grounds on which the disapproval is based. The final decision will be made within 60 calendar days after presentation of additional information or argument (if the submitted work plan is complete), or within 60 calendar days after the deadline for the submission of additional information or argument under paragraph (d)(5)(iii)(B) of this section, if no such submission is made.\n\n(v) If the Administrator disapproves the submitted work plan for failure to satisfy the requirements of paragraphs (c) and (d)(1) through (3) of this section, or if the owner or operator of an affected unit fails to submit a work plan by August 5, 2024, the owner or operator will be in violation of this section. Each day that the affected unit operates following such disapproval or failure to submit shall constitute a violation.\n\n(e)  Testing and monitoring requirements.  (1) If you are the owner or operator of an affected unit you must conduct performance tests, on an annual basis, in accordance with the applicable reference test methods of 40 CFR part 60, appendix A-4, any alternative test method approved by the EPA as of June 5, 2023, under 40 CFR 59.104(f), 60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii), or 65.158(a)(2) and available at the EPA's website ( https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods ), or other methods and procedures approved by the EPA through notice-and-comment rulemaking. The annual performance test does not have to be performed during the ozone season.\n\n(2) If you are the owner or operator of an affected unit and are operating a NO X  continuous emissions monitoring system (CEMS) that monitors NO X  emissions from the affected unit, you may use the CEMS data in lieu of the annual performance tests and parametric monitoring required under this section. You must meet the following requirements for using CEMS to monitor NO X  emissions:\n\n(i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NO X  emissions and either oxygen (O 2 ) or carbon dioxide (CO 2 ).\n\n(ii) The CEMS shall be operated and data recorded during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. Data shall be recorded during calibration checks and zero and span adjustments.\n\n(iii) The 1-hour average NO X  emissions rates measured by the CEMS shall be expressed in form of the emissions limit established in the work plan and shall be used to calculate the average emissions rates to demonstrate compliance with the applicable emissions limits established in the work plan.\n\n(iv) The procedures under 40 CFR 60.13 shall be followed for installation, evaluation, and operation of the continuous monitoring systems.\n\n(v) When NO X  emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, emissions data will be obtained by using standby monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A of 40 CFR part 60, appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.\n\n(3) If you are the owner or operator of an affected unit not operating NO X  CEMS, you must conduct an initial performance test before the 2026 ozone season to establish appropriate indicator ranges for operating parameters and continuously monitor those operator parameters consistent with the requirements of paragraphs (e)(3)(i) through (iv) of this section.\n\n(i) You must monitor and record stack exhaust gas flow rate and temperature during the initial performance test and subsequent annual performance tests to demonstrate continuous compliance with your NO X  emissions limits.\n\n(ii) You must use the stack exhaust gas flow rate and temperature during the initial performance test and subsequent annual performance tests to establish a site-specific indicator for these operating parameters.\n\n(iii) You must repeat the performance test annually to reassess and adjust the site-specific operating parameter indicator ranges in accordance with the results of the performance test.\n\n(iv) You must report and include your ongoing site-specific operating parameter data in the annual reports required under paragraph (f) of this section and semi-annual title V monitoring reports to the relevant permitting authority.\n\n(f)  Recordkeeping requirements.  If you are the owner or operator of an affected unit, you shall maintain records of the following information for each day the affected unit operates:\n\n(1) Calendar date;\n\n(2) The average hourly NO X  emissions rates measured or predicted;\n\n(3) The 30-day average NO X  emissions rates calculated at the end of each affected unit operating day from the measured or predicted hourly NO X  emissions rates for the preceding 30 operating days;\n\n(4) Identification of the affected unit operating days when the calculated 30-day average NO X  emissions rates are in excess of the applicable site-specific NO X  emissions limit with the reasons for such excess emissions as well as a description of corrective actions taken;\n\n(5) Identification of the affected unit operating days for which pollutant data have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken;\n\n(6) Identification of the times when emissions data have been excluded from the calculation of average emissions rates and the reasons for excluding data;\n\n(7) If a CEMS is used to verify compliance:\n\n(i) Identification of the times when the pollutant concentration exceeded full span of the CEMS;\n\n(ii) Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with Performance Specification 2 or 3 in appendix B to 40 CFR part 60; and\n\n(iii) Results of daily CEMS drift tests and quarterly accuracy assessments as required under Procedure 1 of 40 CFR part 60, appendix F;\n\n(8) Operating parameters required under paragraph (d) of this section to demonstrate compliance during the ozone season; and\n\n(9) Each fuel type, usage, and heat content.\n\n(g)  Reporting requirements.  (1) If you are the owner or operator of an affected unit, you shall submit a final report via the CEDRI or analogous electronic submission system provided by the EPA, by no later than March 30, 2026, certifying that installation of each selected control device has been completed. You shall include in the report the dates of final construction and relevant performance testing, where applicable, demonstrating compliance with the selected emission limits pursuant to paragraphs (c) and (d) of this section.\n\n(2) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in \u00a7 52.40(g) within 60 days after the date of completing each performance test required by this section.\n\n(3) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NO X  emissions rate that exceeds the applicable emissions limit established under paragraphs (c) and (d) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in \u00a7 52.40(g).\n\n(4) If you are the owner or operator of an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in \u00a7 52.40(g). The report shall include records all records required by paragraphs (e) and (f) of this section, including record of CEMS data or operating parameters required by paragraph (e) to demonstrate compliance the applicable emissions limits established under paragraphs (c) and (d) of this section.\n\n(h)  Initial notification requirements for existing affected units.  (1) The requirements of this paragraph (h) apply to the owner or operator of an existing affected unit.\n\n(2) The owner or operator of an existing affected unit that emits or has a potential to emit 100 tons per year or more of NO X  as of August 4, 2023, shall notify the Administrator via the CEDRI or analogous electronic submission system provided by the EPA that the unit is subject to this section. The notification, which shall be submitted not later than December 4, 2023, shall be submitted in PDF format to the EPA via CEDRI, which can be accessed through the EPA's CDX ( https://cdx.epa.gov/ ). The notification shall provide the following information:\n\n(i) The name and address of the owner or operator;\n\n(ii) The address ( i.e.,  physical location) of the affected unit;\n\n(iii) An identification of the relevant standard, or other requirement, that is the basis for the notification and the unit's compliance date; and\n\n(iv) A brief description of the nature, size, design, and method of operation of the facility and an identification of the types of emissions points (units) within the facility subject to the relevant standard."], ["40:40:3.0.1.1.1.1.1.4", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.05", "\u00a7 52.05 Public availability of emission data.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", "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."], ["40:40:3.0.1.1.1.1.1.40", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.44", "\u00a7 52.44 What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Glass and Glass Product Manufacturing Industry?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[88 FR 36869, June 5, 2023, as amended at 88 FR 49303, July 31, 2023]", "(a)  Definitions.  All terms not defined in this paragraph (a) shall have the meaning given to them in the Act and in subpart A of 40 CFR part 60.\n\nAffected units  means a glass manufacturing furnace meeting the applicability criteria of this section.\n\nBorosilicate recipe  means glass product composition of the following approximate ranges of weight proportions: 60 to 80 percent silicon dioxide, 4 to 10 percent total R 2 O ( e.g.,  Na 2 O and K 2 O), 5 to 35 percent boric oxides, and 0 to 13 percent other oxides.\n\nContainer glass  means glass made of soda-lime recipe, clear or colored, which is pressed and/or blown into bottles, jars, ampoules, and other products listed in Standard Industrial Classification (SIC) 3221 (SIC 3221).\n\nFlat glass  means glass made of soda-lime recipe and produced into continuous flat sheets and other products listed in SIC 3211.\n\nGlass melting furnace  means a unit comprising a refractory vessel in which raw materials are charged, melted at high temperature, refined, and conditioned to produce molten glass. The unit includes foundations, superstructure and retaining walls, raw material charger systems, heat exchangers, melter cooling system, exhaust system, refractory brick work, fuel supply and electrical boosting equipment, integral control systems and instrumentation, and appendages for conditioning and distributing molten glass to forming apparatuses. The forming apparatuses, including the float bath used in flat glass manufacturing and flow channels in wool fiberglass and textile fiberglass manufacturing, are not considered part of the glass melting furnace.\n\nGlass produced  means the weight of the glass pulled from the glass melting furnace.\n\nIdling  means the operation of a glass melting furnace at less than 25% of the permitted production capacity or fuel use capacity as stated in the operating permit.\n\nLead recipe  means glass product composition of the following ranges of weight proportions: 50 to 60 percent silicon dioxide, 18 to 35 percent lead oxides, 5 to 20 percent total R 2 O ( e.g.,  Na 2 O and K 2 O), 0 to 8 percent total R 2 O 3  ( e.g.,  Al 2 O 3 ), 0 to 15 percent total RO ( e.g.,  CaO, MgO), other than lead oxide, and 5 to 10 percent other oxides.\n\nOperating day  means a 24-hr period beginning at 12:00 midnight during which the furnace combusts fuel at any time but excludes any period of startup, shutdown, or idling during which the affected unit complies with the requirements in paragraphs (d) through (f) of this section, as applicable.\n\nPressed and blown glass  means glass which is pressed, blown, or both, including textile fiberglass, noncontinuous flat glass, noncontainer glass, and other products listed in SIC 3229. It is separated into: Glass of borosilicate recipe, Glass of soda-lime and lead recipes, and Glass of opal, fluoride, and other recipes.\n\nRaw material  means minerals, such as silica sand, limestone, and dolomite; inorganic chemical compounds, such as soda ash (sodium carbonate), salt cake (sodium sulfate), and potash (potassium carbonate); metal oxides and other metal-based compounds, such as lead oxide, chromium oxide, and sodium antimonate; metal ores, such as chromite and pyrolusite; and other substances that are intentionally added to a glass manufacturing batch and melted in a glass melting furnace to produce glass. Metals that are naturally-occurring trace constituents or contaminants of other substances are not considered to be raw materials.\n\nShutdown  means the period of time during which a glass melting furnace is taken from an operational to a non-operational status by allowing it to cool down from its operating temperature to a cold or ambient temperature as the fuel supply is turned off.\n\nSoda-lime recipe  means glass product composition of the following ranges of weight proportions: 60 to 75 percent silicon dioxide, 10 to 17 percent total R 2 O ( e.g.,  Na 2 O and K 2 O), 8 to 20 percent total RO but not to include any PbO ( e.g.,  CaO, and MgO), 0 to 8 percent total R 2 O 3  ( e.g.,  Al 2 O 3 ), and 1 to 5 percent other oxides.\n\nStartup  means the period of time, after initial construction or a furnace rebuild, during which a glass melting furnace is heated to operating temperatures by the primary furnace combustion system, and systems and instrumentation are brought to stabilization.\n\nTextile fiberglass  means fibrous glass in the form of continuous strands having uniform thickness.\n\nWool fiberglass  means fibrous glass of random texture, including accoustical board and tile (mineral wool), fiberglass insulation, glass wool, insulation (rock wool, fiberglass, slag, and silicia minerals), and mineral wool roofing mats.\n\n(b)  Applicability.  You are subject to the requirements under this section if you own or operate a new or existing glass manufacturing furnace that directly emits or has the potential to emit 100 tons per year or more of NO X  on or after August 4, 2023, and is located within any of the States listed in \u00a7 52.40(c)(2), including Indian country located within the borders of any such State(s). Any existing glass manufacturing furnace with a potential to emit of 100 tons per year or more of NO X  on August 4, 2023, will continue to be subject to the requirements of this section even if that unit later becomes subject to a physical or operational limitation that lowers its potential to emit below 100 tons per year of NO X .\n\n(c)  Emissions limitations.  If you are the owner or operator of an affected unit, you must meet the emissions limitations in paragraphs (c)(1) and (2) of this section on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter. For the 2026 ozone season, the emissions limitations in paragraphs (c)(1) and (2) do not apply during shutdown and idling if the affected unit complies with the requirements in paragraphs (e) and (f) of this section, as applicable. For the 2027 and subsequent ozone seasons, the emissions limitations in paragraphs (c)(1) and (2) do not apply during startup, shutdown, and idling, if the affected unit complies with the requirements in paragraphs (d) through (f) of this section, as applicable.\n\n(1) Container glass, pressed/blown glass, or fiberglass manufacturing furnace: 4.0 lb/ton of glass; and\n\n(2) Flat glass manufacturing furnace: 7.0 lb/ton of glass.\n\n(d)  Startup requirements.  (1) If you are the owner or operator of an affected unit, you shall submit via the CEDRI or analogous electronic submission system provided by the EPA, no later than 30 days prior to the anticipated date of startup, the following information to assure proper operation of the furnace:\n\n(i) A detailed list of activities to be performed during startup and explanations to support the length of time needed to complete each activity.\n\n(ii) A description of the material process flow rates, system operating parameters, and other information that the owner or operator shall monitor and record during the startup period.\n\n(iii) Identification of the control technologies or strategies to be utilized.\n\n(iv) A description of the physical conditions present during startup periods that prevent the controls from being effective.\n\n(v) A reasonably precise estimate as to when physical conditions will have reached a state that allows for the effective control of emissions.\n\n(2) The length of startup following activation of the primary furnace combustion system may not exceed:\n\n(i) Seventy days for a container, pressed or blown glass furnace;\n\n(ii) Forty days for a fiberglass furnace; and\n\n(iii) One hundred and four days for a flat glass furnace and for all other glass melting furnaces not covered under paragraphs (d)(2)(i) and (ii) of this section.\n\n(3) During the startup period, the owner or operator of an affected unit shall maintain the stoichiometric ratio of the primary furnace combustion system so as not to exceed 5 percent excess oxygen, as calculated from the actual fuel and oxidant flow measurements for combustion in the affected unit.\n\n(4) The owner or operator of an affected unit shall place the emissions control system in operation as soon as technologically feasible during startup to minimize emissions.\n\n(e)  Shutdown requirements.  (1) If you are the owner or operator of an affected unit, you shall submit via the CEDRI or analogous electronic submission system provided by the EPA to the Administrator, no later than 30 days prior to the anticipated date of shutdown, the following information to assure proper operation of the furnace:\n\n(i) A detailed list of activities to be performed during shutdown and explanations to support the length of time needed to complete each activity.\n\n(ii) A description of the material process flow rates, system operating parameters, and other information that the owner or operator shall monitor and record during the shutdown period.\n\n(iii) Identification of the control technologies or strategies to be utilized.\n\n(iv) A description of the physical conditions present during shutdown periods that prevent the controls from being effective.\n\n(v) A reasonably precise estimate as to when physical conditions will have reached a state that allows for the effective control of emissions.\n\n(2) The duration of a shutdown, as measured from the time the furnace operations drop below 25% of the permitted production capacity or fuel use capacity to when all emissions from the furnace cease, may not exceed 20 days.\n\n(3) If you are the owner or operator of an affected unit, you shall operate the emissions control system whenever technologically feasible during shutdown to minimize emissions.\n\n(f)  Idling requirements.  (1) If you are the owner or operator of an affected unit, you shall operate the emissions control system whenever technologically feasible during idling to minimize emissions.\n\n(2) If you are the owner or operator of an affected unit, your NO X  emissions during idling may not exceed the amount calculated using the following equation: Pounds per day emissions limit of NO X  = (Applicable NO X  emissions limit specified in paragraph (c) of this section expressed in pounds per ton of glass produced) \u00d7 (Furnace permitted production capacity in tons of glass produced per day).\n\n(3) To demonstrate compliance with the alternative daily NO X  emissions limit identified in paragraph (f)(2) of this section during periods of idling, the owners or operators of an affected unit shall maintain records consistent with paragraph (h)(3) of this section.\n\n(g)  Testing and monitoring requirements.  (1) If you own or operate an affected unit subject to the NO X  emissions limits under paragraph (c) of this section you must conduct performance tests, on an annual basis, in accordance with the applicable reference test methods of 40 CFR part 60, appendix A-4, any alternative test method approved by the EPA as of June 5, 2023, under 40 CFR 59.104(f), 60.8(b)(3), 61.13(h)(1)(ii), 63.7(e)(2)(ii), or 65.158(a)(2) and available at the EPA's website ( https://www.epa.gov/emc/broadly-applicable-approved-alternative-test-methods ), or other methods and procedures approved by the EPA through notice-and-comment rulemaking. The annual performance test does not have to be performed during the ozone season. Owners or operators of affected units must calculate and record the 30-day rolling average emissions rate of NO X  as the total of all hourly emissions data for an affected unit in the preceding 30 days, divided by the total tons of glass produced in that affected unit during the same 30-day period. Direct measurement or material balance using good engineering practice shall be used to determine the amount of glass produced during the performance test. The rate of glass produced is defined as the weight of glass pulled from the affected unit during the performance test divided by the number of hours taken to perform the performance test.\n\n(2) If you are the owner or operator of an affected unit subject to the NO X  emissions limits under paragraph (c)(1) of this section and are operating a NO X  CEMS that monitors NO X  emissions from the affected unit, you may use the CEMS data in lieu of the annual performance tests and parametric monitoring required under this section. You must meet the following requirements for using CEMS to monitor NO X  emissions:\n\n(i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NO X  emissions and either oxygen (O 2 ) or carbon dioxide (CO 2 ).\n\n(ii) The CEMS shall be operated and data recorded during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. Data shall be recorded during calibration checks and zero and span adjustments.\n\n(iii) The 1-hour average NO X  emissions rates measured by the CEMS shall be expressed in terms of lbs/ton of glass and shall be used to calculate the average emissions rates to demonstrate compliance with the applicable emissions limits in this section.\n\n(iv) The procedures under 40 CFR 60.13 shall be followed for installation, evaluation, and operation of the continuous monitoring systems.\n\n(v) When NO X  emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, emissions data will be obtained by using standby monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A of 40 CFR part 60, appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.\n\n(3) If you are the owner or operator of an affected unit not operating NO X  CEMS, you must conduct an initial performance test before the 2026 ozone season to establish appropriate indicator ranges for operating parameters and continuously monitor those operator parameters consistent with the requirements of paragraphs (g)(3)(i) through (iv) of this section.\n\n(i) You must monitor and record stack exhaust gas flow rate, hourly glass production, and stack exhaust gas temperature during the initial performance test and subsequent annual performance tests to demonstrate continuous compliance with your NO X  emissions limits.\n\n(ii) You must use the stack exhaust gas flow rate, hourly glass production, and stack exhaust gas temperature during the initial performance test and subsequent annual performance tests as NO X  CEMS indicators to demonstrate continuous compliance and establish a site-specific indicator ranges for these operating parameters.\n\n(iii) You must repeat the performance test annually to reassess and adjust the site-specific operating parameter indicator ranges in accordance with the results of the performance test.\n\n(iv) You must report and include your ongoing site-specific operating parameter data in the annual reports required under paragraph (h) of this section and semi-annual title V monitoring reports to the relevant permitting authority.\n\n(4) If you are the owner or operator of an affected unit seeking to comply with the requirements for startup under paragraph (d) of this section or shutdown under paragraph (e) of this section in lieu of the applicable emissions limit under paragraph (c) of this section, you must monitor material process flow rates, fuel throughput, oxidant flow rate, and the selected system operating parameters in accordance with paragraphs (d)(1)(ii) and (e)(1)(ii) of this section.\n\n(h)  Recordkeeping requirements.  (1) If you are the owner or operator of an affected unit, you shall maintain records of the following information for each day the affected unit operates:\n\n(i) Calendar date;\n\n(ii) The average hourly NO X  emissions rates measured or predicted;\n\n(iii) The 30-day average NO X  emissions rates calculated at the end of each affected unit operating day from the measured or predicted hourly NO X  emissions rates for the preceding 30 operating days;\n\n(iv) Identification of the affected unit operating days when the calculated 30-day average NO X  emissions rates are in excess of the applicable site-specific NO X  emissions limit with the reasons for such excess emissions as well as a description of corrective actions taken;\n\n(v) Identification of the affected unit operating days for which pollutant data have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken;\n\n(vi) Identification of the times when emissions data have been excluded from the calculation of average emissions rates and the reasons for excluding data;\n\n(vii) If a CEMS is used to verify compliance:\n\n(A) Identification of the times when the pollutant concentration exceeded full span of the CEMS;\n\n(B) Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with Performance Specification 2 or 3 in appendix B to 40 CFR part 60; and\n\n(C) Results of daily CEMS drift tests and quarterly accuracy assessments as required under Procedure 1 of 40 CFR part 60, appendix F;\n\n(D) Operating parameters required under paragraph (g) to demonstrate compliance during the ozone season;\n\n(viii) Each fuel type, usage, and heat content; and\n\n(ix) Glass production rate.\n\n(2) If you are the owner or operator of an affected unit, you shall maintain all records necessary to demonstrate compliance with the startup and shutdown requirements in paragraphs (d) and (e) of this section, including but not limited to records of material process flow rates, system operating parameters, the duration of each startup and shutdown period, fuel throughput, oxidant flow rate, and any additional records necessary to determine whether the stoichiometric ratio of the primary furnace combustion system exceeded 5 percent excess oxygen during startup.\n\n(3) If you are the owner or operator of an affected unit, you shall maintain records of daily NO X  emissions in pounds per day for purposes of determining compliance with the applicable emissions limit for idling periods under paragraph (f)(2) of this section. Each owner or operator shall also record the duration of each idling period.\n\n(i)  Reporting requirements.  (1) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in \u00a7 52.40(g) within 60 days after the date of completing each performance test required by this section.\n\n(2) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NO X  emissions rate that exceeds the applicable emissions limit in paragraph (c) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in \u00a7 52.40(g).\n\n(3) If you own or operate an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in \u00a7 52.40(g). The report shall include records all records required by paragraph (g) of this section, including record of CEMS data or operating parameters to demonstrate continuous compliance the applicable emissions limits under paragraphs (c) of this section.\n\n(j)  Initial notification requirements for existing affected units.  (1) The requirements of this paragraph (j) apply to the owner or operator of an existing affected unit.\n\n(2) The owner or operator of an existing affected unit that emits or has a potential to emit greater than 100 tons per year or greater as of August 4, 2023, shall notify the Administrator via the CEDRI or analogous electronic submission system provided by the EPA that the unit is subject to this section. The notification, which shall be submitted not later than December 4, 2023, shall be submitted in PDF format to the EPA via CEDRI, which can be accessed through the EPA's CDX ( https://cdx.epa.gov/ ). The notification shall provide the following information:\n\n(i) The name and address of the owner or operator;\n\n(ii) The address ( i.e.,  physical location) of the affected unit;\n\n(iii) An identification of the relevant standard, or other requirement, that is the basis for the notification and the unit's compliance date; and\n\n(iv) A brief description of the nature, size, design, and method of operation of the facility and an identification of the types of emissions points (units) within the facility subject to the relevant standard."], ["40:40:3.0.1.1.1.1.1.41", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.45", "\u00a7 52.45 What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from the Basic Chemical Manufacturing, Petroleum and Coal Products Manufacturing, the Pulp, Paper, and Paperboard Mills Industries, Metal Ore Mining, and the Iron and Steel and Ferroalloy Manufacturing Industries?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[88 FR 36869, June 5, 2023]", "(a)  Definitions.  All terms not defined in this paragraph (a) shall have the meaning given to them in the Act and in subpart A of 40 CFR part 60.\n\nAffected unit  means an industrial boiler meeting the applicability criteria of this section.\n\nBoiler  means an enclosed device using controlled flame combustion and having the primary purpose of recovering thermal energy in the form of steam or hot water. Controlled flame combustion refers to a steady-state, or near steady-state, process wherein fuel and/or oxidizer feed rates are controlled.\n\nCoal  means \u201ccoal\u201d as defined in 40 CFR 60.41b.\n\nDistillate oil  means \u201cdistillate oil\u201d as defined in 40 CFR 60.41b.\n\nMaximum heat input capacity  means means the ability of a steam generating unit to combust a stated maximum amount of fuel on a steady state basis, as determined by the physical design and characteristics of the steam generating unit.\n\nNatural gas  means \u201cnatural gas\u201d as defined in 40 CFR 60.41.\n\nOperating day  means a 24-hour period between 12:00 midnight and the following midnight during which any fuel is combusted at any time in the steam generating unit. It is not necessary for fuel to be combusted continuously for the entire 24-hour period.\n\nResidual oil  means \u201cresidual oil\u201d as defined in 40 CFR 60.41c.\n\n(b)  Applicability.  (1) The requirements of this section apply to each new or existing boiler with a design capacity of 100 mmBtu/hr or greater that receives 90% or more of its heat input from coal, residual oil, distillate oil, natural gas, or combinations of these fuels in the previous ozone season, is located at sources that are within the Basic Chemical Manufacturing industry, the Petroleum and Coal Products Manufacturing industry, the Pulp, Paper, and Paperboard industry, the Metal Ore Mining industry, and the Iron and Steel and Ferroalloys Manufacturing industry and which is located within any of the States listed in \u00a7 52.40(c)(2), including Indian country located within the borders of any such State(s). The requirements of this section do not apply to an emissions unit that meets the requirements for a low-use exemption as provided in paragraph (b)(2) of this section.\n\n(2) If you are the owner or operator of a boiler meeting the applicability criteria of paragraph (b)(1) of this section that operates less than 10% per year on an hourly basis, based on the three most recent years of use and no more than 20% in any one of the three years, you are exempt from meeting the emissions limits of this section and are only subject to the recordkeeping and reporting requirements of paragraph (f)(2) of this section.\n\n(i) If you are the owner or operator of an affected unit that exceeds the 10% per year hour of operation over three years or the 20% hours of operation per year criteria, you can no longer comply via the low-use exemption provisions and must meet the applicable emissions limits and other applicable provisions as soon as possible but not later than one year from the date eligibility as a low-use boiler was negated by exceedance of the low-use boiler criteria.\n\n(ii) [Reserved]\n\n(c)  Emissions limitations.  If you are the owner or operator of an affected unit, you must meet the following emissions limitations on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter:\n\n(1) Coal-fired industrial boilers: 0.20 lbs NO X /mmBtu;\n\n(2) Residual oil-fired industrial boilers: 0.20 lbs NO X /mmBtu;\n\n(3) Distillate oil-fired industrial boilers: 0.12 lbs NO X /mmBtu;\n\n(4) Natural gas-fired industrial boilers: 0.08 lbs NO X /mmBtu; and\n\n(5) Boilers using combinations of fuels listed in paragraphs (c)(1) through (4) of this section: such units shall comply with a NO X  emissions limit derived by summing the products of each fuel's heat input and respective emissions limit and dividing by the sum of the heat input contributed by each fuel.\n\n(d)  Testing and monitoring requirements.  (1) If you are the owner or operator of an affected unit, you shall conduct an initial compliance test as described in 40 CFR 60.8 using the continuous system for monitoring NO X  specified by EPA Test Method 7E of 40 CFR part 60, appendix A-4, to determine compliance with the emissions limits for NO X  identified in paragraph (c) of this section. In lieu of the timing of the compliance test described in 40 CFR 60.8(a), you shall conduct the test within 90 days from the installation of the pollution control equipment used to comply with the NO X  emissions limits in paragraph (c) of this section and no later than May 1, 2026.\n\n(i) For the initial compliance test, you shall monitor NO X  emissions from the affected unit for 30 successive operating days and the 30-day average emissions rate will be used to determine compliance with the NO X  emissions limits in paragraph (c) of this section. You shall calculate the 30-day average emission rate as the average of all hourly emissions data recorded by the monitoring system during the 30-day test period.\n\n(ii) You are not required to conduct an initial compliance test if the affected unit is subject to a pre-existing, federally enforceable requirement to monitor its NO X  emissions using a CEMS in accordance with 40 CFR 60.13 or 40 CFR part 75.\n\n(2) If you are the owner or operator of an affected unit with a heat input capacity of 250 mmBTU/hr or greater, you are subject to the following monitoring requirements:\n\n(i) You shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring NO X  emissions and either oxygen (O 2 ) or carbon dioxide (CO 2 ), unless the Administrator has approved a request from you to use an alternative monitoring technique under paragraph (d)(2)(vii) of this section. If you have previously installed a NO X  emissions rate CEMS to meet the requirements of 40 CFR 60.13 or 40 CFR part 75 and continue to meet the ongoing requirements of 40 CFR 60.13 or 40 CFR part 75, that CEMS may be used to meet the monitoring requirements of this section.\n\n(ii) You shall operate the CEMS and record data during all periods of operation during the ozone season of the affected unit except for CEMS breakdowns and repairs. You shall record data during calibration checks and zero and span adjustments.\n\n(iii) You shall express the 1-hour average NO X  emissions rates measured by the CEMS in terms of lbs/mmBtu heat input and shall be used to calculate the average emissions rates under paragraph (c) of this section.\n\n(iv) Following the date on which the initial compliance test is completed, you shall determine compliance with the applicable NO X  emissions limit in paragraph (c) of this section during the ozone season on a continuous basis using a 30-day rolling average emissions rate unless you monitor emissions by means of an alternative monitoring procedure approved pursuant to paragraph (d)(2)(vii) of this section. You shall calculate a new 30-day rolling average emissions rate for each operating day as the average of all the hourly NO X  emissions data for the preceding 30 operating days.\n\n(v) You shall follow the procedures under 40 CFR 60.13 for installation, evaluation, and operation of the continuous monitoring systems. Additionally, you shall use a span value of 1000 ppm NO X  for affected units combusting coal and span value of 500 ppm NO X  for units combusting oil or gas. As an alternative to meeting these span values, you may elect to use the NO X  span values determined according to section 2.1.2 in appendix A to 40 CFR part 75.\n\n(vi) When you are unable to obtain NO X  emissions data because of CEMS breakdowns, repairs, calibration checks and zero and span adjustments, you will obtain emissions data by using standby monitoring systems, Method 7 of 40 CFR part 60, appendix A-4, Method 7A of 40 CFR part 60, appendix A-4, or other approved reference methods to provide emissions data for a minimum of 75 percent of the operating hours in each affected unit operating day, in at least 22 out of 30 successive operating days.\n\n(vii) You may delay installing a CEMS for NO X  until after the initial performance test has been conducted. If you demonstrate during the performance test that emissions of NO X  are less than 70 percent of the applicable emissions limit in paragraph (c) of this section, you are not required to install a CEMS for measuring NO X . If you demonstrate your affected unit emits less than 70 percent of the applicable emissions limit chooses to not install a CEMS, you must submit a written request to the Administrator that documents the results of the initial performance test and includes an alternative monitoring procedure that will be used to track compliance with the applicable NO X  emissions limit(s) in paragraph (c) of this section. The Administrator may consider the request and, following public notice and comment, may approve the alternative monitoring procedure with or without revision, or disapprove the request. Upon receipt of a disapproved request, you will have one year to install a CEMS.\n\n(3) If you are the owner or operator of an affected unit with a heat input capacity less than 250 mmBTU/hr, you must monitor NO X  emission via the requirements of paragraph (e)(1) of this section or you must monitor NO X  emissions by conducting an annual test in conjunction with the implementation of a monitoring plan meeting the following requirements:\n\n(i) You must conduct an initial performance test over a minimum of 24 consecutive steam generating unit operating hours at maximum heat input capacity to demonstrate compliance with the NO X  emission standards under paragraph (c) of this section using Method 7, 7A, or 7E of appendix A-4 to 40 CFR part 60, Method 320 of appendix A to 40 CFR part 63, or other approved reference methods.\n\n(ii) You must conduct annual performance tests once per calendar year to demonstrate compliance with the NO X  emission standards under paragraph (c) of this section over a minimum of 3 consecutive steam generating unit operating hours at maximum heat input capacity using Method 7, 7A, or 7E of appendix A-4 to 40 CFR part 60, Method 320 of appendix A to 40 CFR part 63, or other approved reference methods. The annual performance test must be conducted before the affected units operates more than 400 hours in a given year.\n\n(iii) You must develop and comply with a monitoring plan that relates the operational parameters to emissions of the affected unit. The owner or operator of each affected unit shall develop a monitoring plan that identifies the operating conditions of the affected unit to be monitored and the records to be maintained in order to reliably predict NO X  emissions and determine compliance with the applicable emissions limits of this section on a continuous basis. You shall include the following information in the plan:\n\n(A) You shall identify the specific operating parameters to be monitored and the relationship between these operating parameters and the applicable NO X  emission rates. Operating parameters of the affected unit include, but are not limited to, the degree of staged combustion ( i.e.,  the ratio of primary air to secondary and/or tertiary air) and the level of excess air ( i.e.,  flue gas O 2  level).\n\n(B) You shall include the data and information used to identify the relationship between NO X  emission rates and these operating conditions.\n\n(C)  You shall identify:  how these operating parameters, including steam generating unit load, will be monitored on an hourly basis during periods of operation of the affected unit; the quality assurance procedures or practices that will be employed to ensure that the data generated by monitoring these operating parameters will be representative and accurate; and the type and format of the records of these operating parameters, including steam generating unit load, that you will maintain.\n\n(4) You shall submit the monitoring plan to the EPA via the CEDRI reporting system, and request that the relevant permitting agency incorporate the monitoring plan into the facility's title V permit.\n\n(e)  Recordkeeping requirements.  (1) If you are the owner or operator of an affected unit, which is not a low-use boiler, you shall maintain records of the following information for each day the affected unit operates during the ozone season:\n\n(i) Calendar date;\n\n(ii) The average hourly NO X  emissions rates (expressed as lbs NO 2 /mmBtu heat input) measured or predicted;\n\n(iii) The 30-day average NO X  emissions rates calculated at the end of each affected unit operating day from the measured or predicted hourly NO X  emissions rates for the preceding 30 steam generating unit operating days;\n\n(iv) Identification of the affected unit operating days when the calculated 30-day rolling average NO X  emissions rates are in excess of the applicable NO X  emissions limit in paragraph (c) of this section with the reasons for such excess emissions as well as a description of corrective actions taken;\n\n(v) Identification of the affected unit operating days for which pollutant data have not been obtained, including reasons for not obtaining sufficient data and a description of corrective actions taken;\n\n(vi) Identification of the times when emissions data have been excluded from the calculation of average emissions rates and the reasons for excluding data;\n\n(vii) Identification of \u201cF\u201d factor used for calculations, method of determination, and type of fuel combusted;\n\n(viii) Identification of the times when the pollutant concentration exceeded full span of the CEMS;\n\n(ix) Description of any modifications to the CEMS that could affect the ability of the CEMS to comply with Performance Specification 2 or 3 in appendix B to 40 CFR part 60;\n\n(x) Results of daily CEMS drift tests and quarterly accuracy assessments as required under Procedure 1 of 40 CFR part 60, appendix F; and\n\n(xi) The type and amounts of each fuel combusted.\n\n(2) If you are the owner or operator of an affected unit complying as a low-use boiler, you must maintain the following records consistent with the requirements of \u00a7 52.40(g):\n\n(i) Identification and location of the boiler;\n\n(ii) Nameplate capacity;\n\n(iii) The fuel or fuels used by the boiler;\n\n(iv) For each operating day, the type and amount of fuel combusted, and the date and total number of hours of operation; and\n\n(v) the annual hours of operation for each of the prior 3 years, and the 3-year average hours or operation.\n\n(f)  Reporting requirements.  (1) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in \u00a7 52.40(g) within 60 days after the date of completing each performance test required by this section.\n\n(2) If you are the owner or operator of an affected unit, you are required to submit excess emissions reports for any excess emissions that occurred during the reporting period. Excess emissions are defined as any calculated 30-day rolling average NO X  emissions rate, as determined under paragraph (e)(1)(iii) of this section, that exceeds the applicable emissions limit in paragraph (c) of this section. Excess emissions reports must be submitted in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in \u00a7 52.40(g).\n\n(3) If you are the owner or operator an affected unit subject to the continuous monitoring requirements for NO X  under paragraph (d) of this section, you shall submit reports containing the information recorded under paragraph (d) of this section as described in paragraph (e)(1) of this section. You shall submit compliance reports for continuous monitoring in PDF format to the EPA via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section following the procedures specified in \u00a7 52.40(g).\n\n(4) If you are the owner or operator of an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in \u00a7 52.40(g)."], ["40:40:3.0.1.1.1.1.1.42", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.46", "\u00a7 52.46 What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from Municipal Waste Combustors?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[88 FR 36869, June 5, 2023]", "(a)  Definitions.  All terms not defined in this paragraph (a) shall have the meaning given them in the Act and in subpart A of 40 CFR part 60.\n\nAffected unit  means a municipal waste combustor meeting the applicability criteria of this section.\n\nChief facility operator  means the person in direct charge and control of the operation of a municipal waste combustor and who is responsible for daily onsite supervision, technical direction, management, and overall performance of the facility.\n\nMass burn refractory municipal waste combustor  means a field-erected combustor that combusts municipal solid waste in a refractory wall furnace. Unless otherwise specified, this includes combustors with a cylindrical rotary refractory wall furnace.\n\nMass burn rotary waterwall municipal waste combustor  means a field-erected combustor that combusts municipal solid waste in a cylindrical rotary waterwall furnace or on a tumbling-tile grate.\n\nMass burn waterwall municipal waste combustor  means a field-erected combustor that combusts municipal solid waste in a waterwall furnace.\n\nMunicipal waste combustor, MWC,  or  municipal waste combustor unit  means:\n\n(i) Means any setting or equipment that combusts solid, liquid, or gasified MSW including, but not limited to, field-erected incinerators (with or without heat recovery), modular incinerators (starved-air or excess-air), boilers ( i.e.,  steam-generating units), furnaces (whether suspension-fired, grate-fired, mass-fired, air curtain incinerators, or fluidized bed-fired), and pyrolysis/combustion units. Municipal waste combustors do not include pyrolysis/combustion units located at plastics/rubber recycling units. Municipal waste combustors do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems.\n\n(ii) The boundaries of a MWC are defined as follows. The MWC unit includes, but is not limited to, the MSW fuel feed system, grate system, flue gas system, bottom ash system, and the combustor water system. The MWC boundary starts at the MSW pit or hopper and extends through:\n\n(A) The combustor flue gas system, which ends immediately following the heat recovery equipment or, if there is no heat recovery equipment, immediately following the combustion chamber;\n\n(B) The combustor bottom ash system, which ends at the truck loading station or similar ash handling equipment that transfer the ash to final disposal, including all ash handling systems that are connected to the bottom ash handling system; and\n\n(C) The combustor water system, which starts at the feed water pump and ends at the piping exiting the steam drum or superheater.\n\n(iii) The MWC unit does not include air pollution control equipment, the stack, water treatment equipment, or the turbine generator set.\n\nMunicipal waste combustor unit capacity  means the maximum charging rate of a municipal waste combustor unit expressed in tons per day of municipal solid waste combusted, calculated according to the procedures under paragraph (e)(4) of this section.\n\nShift supervisor  means the person who is in direct charge and control of the operation of a municipal waste combustor and who is responsible for onsite supervision, technical direction, management, and overall performance of the facility during an assigned shift.\n\n(b)  Applicability.  The requirements of this section apply to each new or existing municipal waste combustor unit with a combustion capacity greater than 250 tons per day (225 megagrams per day) of municipal solid waste and which is located within any of the States listed in \u00a7 52.40(c)(2), including Indian country located within the borders of any such State(s).\n\n(c)  Emissions limitations.  If you are the owner or operator of an affected unit, you must meet the following emissions limitations at all times, except during startup and shutdown, on a 30-day rolling average basis during the 2026 ozone season and in each ozone season thereafter:\n\n(1) 110 ppmvd at 7 percent oxygen on a 24-hour block averaging period; and\n\n(2) 105 ppmvd at 7 percent oxygen on a 30-day rolling averaging period.\n\n(d)  Startup and shutdown requirements.  If you are the owner or operator of an affected unit, you must comply with the following requirements during startup and shutdown:\n\n(1) During periods of startup and shutdown, you shall meet the following emissions limits at stack oxygen content:\n\n(i) 110 ppmvd at stack oxygen content on a 24-hour block averaging period; and\n\n(ii) 105 ppmvd at stack oxygen content on a 30-day rolling averaging period.\n\n(2) Duration of startup and shutdown, periods are limited to 3 hours per occurrence.\n\n(3) The startup period commences when the affected unit begins the continuous burning of municipal solid waste and does not include any warmup period when the affected unit is combusting fossil fuel or other nonmunicipal solid waste fuel, and no municipal solid waste is being fed to the combustor.\n\n(4) Continuous burning is the continuous, semicontinuous, or batch feeding of municipal solid waste for purposes of waste disposal, energy production, or providing heat to the combustion system in preparation for waste disposal or energy production. The use of municipal solid waste solely to provide thermal protection of the grate or hearth during the startup period when municipal solid waste is not being fed to the grate is not considered to be continuous burning.\n\n(5) The owner and operator of an affected unit shall minimize NO X  emissions by operating and optimizing the use of all installed pollution control technology and combustion controls consistent with the technological limitations, manufacturers' specifications, good engineering and maintenance practices, and good air pollution control practices for minimizing emissions (as defined in 40 CFR 60.11(d)) for such equipment and the unit at all times the unit is in operation.\n\n(e)  Testing and monitoring requirements.  (1) If you are the owner or operator of an affected unit, you shall install, calibrate, maintain, and operate a continuous emissions monitoring system (CEMS) for measuring the oxygen or carbon dioxide content of the flue gas at each location where NO X  are monitored and record the output of the system. You shall comply with the following test procedures and test methods:\n\n(i) You shall use a span value of 25 percent oxygen for the oxygen monitor or 20 percent carbon dioxide for the carbon dioxide monitor;\n\n(ii) You shall install, evaluate, and operate the CEMS in accordance with 40 CFR 60.13;\n\n(iii) You shall complete the initial performance evaluation no later than 180 days after the date of initial startup of the affected unit, as specified under 40 CFR 60.8;\n\n(iv) You shall operate the monitor in conformance with Performance Specification 3 in 40 CFR part 60, appendix B, except for section 2.3 (relative accuracy requirement);\n\n(v) You shall operate the monitor in accordance with the quality assurance procedures of 40 CFR part 60, appendix F, except for section 5.1.1 (relative accuracy test audit); and\n\n(vi) If you select carbon dioxide for use in diluent corrections, you shall establish the relationship between oxygen and carbon dioxide levels during the initial performance test according to the following procedures and methods:\n\n(A) This relationship may be reestablished during performance compliance tests; and\n\n(B) You shall submit the relationship between carbon dioxide and oxygen concentrations to the EPA as part of the initial performance test report and as part of the annual test report if the relationship is reestablished during the annual performance test.\n\n(2) If you are the owner or operator of an affected unit, you shall use the following procedures and test methods to determine compliance with the NO X  emission limits in paragraph (c) of this section:\n\n(i) If you are not already operating a CEMS in accordance with 40 CFR 60.13, you shall conduct an initial performance test for nitrogen oxides consistent with 40 CFR 60.8.\n\n(ii) You shall install and operate the NO X  CEMS according to Performance Specification 2 in 40 CFR part 60, appendix B, and shall follow the requirements of 40 CFR 60.58b(h)(10).\n\n(iii) Quarterly accuracy determinations and daily calibration drift tests for the CEMS shall be performed in accordance with Procedure 1 in 40 CFR part 60, appendix F.\n\n(iv) When NO X  continuous emissions data are not obtained because of CEMS breakdowns, repairs, calibration checks, and zero and span adjustments, emissions data shall be obtained using other monitoring systems as approved by the EPA or EPA Reference Method 19 in 40 CFR part 60, appendix A-7, to provide, as necessary, valid emissions data for a minimum of 90 percent of the hours per calendar quarter and 95 percent of the hours per calendar year the unit is operated and combusting municipal solid waste.\n\n(v) You shall use EPA Reference Method 19, section 4.1, in 40 CFR part 60, appendix A-7, for determining the daily arithmetic average NO X  emissions concentration.\n\n(A) You may request that compliance with the NO X  emissions limit be determined using carbon dioxide measurements corrected to an equivalent of 7 percent oxygen. The relationship between oxygen and carbon dioxide levels for the affected unit shall be established as specified in paragraph (e)(1)(vi) of this section.\n\n(B) [Reserved]\n\n(vi) At a minimum, you shall obtain valid CEMS hourly averages for 90 percent of the operating hours per calendar quarter and for 95 percent of the operating hours per calendar year that the affected unit is combusting municipal solid waste:\n\n(A) At least 2 data points per hour shall be used to calculate each 1-hour arithmetic average.\n\n(B) Each NO X  1-hour arithmetic average shall be corrected to 7 percent oxygen on an hourly basis using the 1-hour arithmetic average of the oxygen (or carbon dioxide) continuous emissions monitoring system data.\n\n(vii) The 1-hour arithmetic averages section shall be expressed in parts per million by volume (dry basis) and used to calculate the 24-hour daily arithmetic average concentrations. The 1-hour arithmetic averages shall be calculated using the data points required under 40 CFR 60.13(e)(2).\n\n(viii) All valid CEMS data must be used in calculating emissions averages even if the minimum CEMS data requirements of paragraph (e)(2)(iv) of this section are not met.\n\n(ix) The procedures under 40 CFR 60.13 shall be followed for installation, evaluation, and operation of the CEMS. The initial performance evaluation shall be completed no later than 180 days after the date of initial startup of the municipal waste combustor unit.\n\n(3) If you are the owner or operator of an affected unit, you must determine compliance with the startup and shutdown requirements of paragraph (d) of this section by following the requirements in paragraphs (e)(3)(i) and (ii) of this section:\n\n(i) You can measure CEMS data at stack oxygen content. You can dismiss or exclude CEMS data from compliance calculations, but you shall record and report CEMS data in accordance with the provisions of 40 CFR 60.59b(d)(7).\n\n(ii) You shall determine compliance with the NO X  mass loading emissions limitation for periods of startup and shutdown by calculating the 24-hour average of all hourly average NO X  emissions concentrations from continuous emissions monitoring systems.\n\n(A) You shall perform this calculations using stack flow rates derived from flow monitors, for all the hours during the 3-hour startup or shutdown period and the remaining 21 hours of the 24-hour period.\n\n(B) [Reserved]\n\n(4) If you are the owner or operator of an affected unit, you shall calculate municipal waste combustor unit capacity using the following procedures:\n\n(i) For municipal waste combustor units capable of combusting municipal solid waste continuously for a 24-hour period, municipal waste combustor unit capacity shall be calculated based on 24 hours of operation at the maximum charging rate. The maximum charging rate shall be determined as specified in paragraphs (e)(4)(i)(A) and (B) of this section as applicable.\n\n(A) For combustors that are designed based on heat capacity, the maximum charging rate shall be calculated based on the maximum design heat input capacity of the unit and a heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel.\n\n(B) For combustors that are not designed based on heat capacity, the maximum charging rate shall be the maximum design charging rate.\n\n(ii) For batch feed municipal waste combustor units, municipal waste combustor unit capacity shall be calculated as the maximum design amount of municipal solid waste that can be charged per batch multiplied by the maximum number of batches that could be processed in a 24-hour period. The maximum number of batches that could be processed in a 24-hour period is calculated as 24 hours divided by the design number of hours required to process one batch of municipal solid waste, and may include fractional batches ( e.g.,  if one batch requires 16 hours, then 24/16, or 1.5 batches, could be combusted in a 24-hour period). For batch combustors that are designed based on heat capacity, the design heating value of 12,800 kilojoules per kilogram for combustors firing refuse-derived fuel and a heating value of 10,500 kilojoules per kilogram for combustors firing municipal solid waste that is not refuse-derived fuel shall be used in calculating the municipal waste combustor unit capacity in megagrams per day of municipal solid waste.\n\n(f)  Recordkeeping requirements.  If you are the owner or operator of an affected unit, you shall maintain records of the following information, as applicable, for each affected unit consistent with the requirements of \u00a7 52.40(g).\n\n(1) The calendar date of each record.\n\n(2) The emissions concentrations and parameters measured using continuous monitoring systems.\n\n(i) All 1-hour average NO X  emissions concentrations.\n\n(ii) The average concentrations and percent reductions, as applicable, including all 24-hour daily arithmetic average NO X  emissions concentrations.\n\n(3) Identification of the calendar dates and times (hours) for which valid hourly NO X  emissions, including reasons for not obtaining the data and a description of corrective actions taken.\n\n(4) Identification of each occurrence that NO X  emissions data, or operational data ( i.e.,  unit load) have been excluded from the calculation of average emissions concentrations or parameters, and the reasons for excluding the data.\n\n(5) The results of daily drift tests and quarterly accuracy determinations for CEMS, as required under 40 CFR part 60, appendix F, Procedure 1.\n\n(6) The following records:\n\n(i) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been provisionally certified by the American Society of Mechanical Engineers or an equivalent State-approved certification program as required by 40 CFR 60.54b(a) including the dates of initial and renewal certifications and documentation of current certification;\n\n(ii) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have been fully certified by the American Society of Mechanical Engineers or an equivalent State-approved certification program as required by 40 CFR 60.54b(b) including the dates of initial and renewal certifications and documentation of current certification;\n\n(iii) Records showing the names of the municipal waste combustor chief facility operator, shift supervisors, and control room operators who have completed the EPA municipal waste combustor operator training course or a State-approved equivalent course as required by 40 CFR 60.54b(d) including documentation of training completion; and\n\n(iv) Records of when a certified operator is temporarily off site. Include two main items:\n\n(A) If the certified chief facility operator and certified shift supervisor are off site for more than 12 hours, but for 2 weeks or less, and no other certified operator is on site, record the dates that the certified chief facility operator and certified shift supervisor were off site.\n\n(B) When all certified chief facility operators and certified shift supervisors are off site for more than 2 weeks and no other certified operator is on site, keep records of four items:\n\n( 1 ) Time of day that all certified persons are off site.\n\n( 2 ) The conditions that cause those people to be off site.\n\n( 3 ) The corrective actions taken by the owner or operator of the affected unit to ensure a certified chief facility operator or certified shift supervisor is on site as soon as practicable.\n\n( 4 ) Copies of the reports submitted every 4 weeks that summarize the actions taken by the owner or operator of the affected unit to ensure that a certified chief facility operator or certified shift supervisor will be on site as soon as practicable.\n\n(7) Records showing the names of persons who have completed a review of the operating manual as required by 40 CFR 60.54b(f) including the date of the initial review and subsequent annual reviews.\n\n(8) Records of steps taken to minimize emissions during startup and shutdown as required by paragraph (d)(5) of this section.\n\n(g)  Reporting requirements.  (1) If you are the owner or operator of an affected unit, you must submit the results of the performance test or performance evaluation of the CEMS following the procedures specified in \u00a7 52.40(g) within 60 days after the date of completing each performance test required by this section.\n\n(2) If you are the owner or operator of an affected unit, you shall submit an annual report in PDF format to the EPA by January 30th of each year via CEDRI or analogous electronic reporting approach provided by the EPA to report data required by this section. Annual reports shall be submitted following the procedures in \u00a7 52.40(g). The report shall include all information required by paragraph (e) of this section, including CEMS data to demonstrate compliance with the applicable emissions limits under paragraph (c) of this section."], ["40:40:3.0.1.1.1.1.1.5", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.06", "\u00a7 52.06 Legal authority.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10846, May 31, 1972, as amended at 60 FR 33922, June 29, 1995]", "(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.6", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.07", "\u00a7 52.07 Control strategies.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10846, May 31, 1972, as amended at 37 FR 19807, Sept. 22, 1972; 51 FR 40676, Nov. 7, 1986]", "(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.\n\n(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.\n\n(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.\n\n(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."], ["40:40:3.0.1.1.1.1.1.7", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.08", "\u00a7 52.08 Rules and regulations.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", "Each subpart identifies the regulations, including emission limitations, which are disapproved by the Administrator, and includes the regulations which the Administrator promulgates."], ["40:40:3.0.1.1.1.1.1.8", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.09", "\u00a7 52.09 Compliance schedules.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10846, May 31, 1972, as amended at 38 FR 30877, Nov. 8, 1973]", "(a) In each subpart, compliance schedules disapproved by the Administrator are identified, and compliance schedules promulgated by the Administrator are set forth.\n\n(b) Individual source compliance schedules submitted with certain plans have not yet been evaluated, and are not approved or disapproved.\n\n(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."], ["40:40:3.0.1.1.1.1.1.9", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "A", "Subpart A\u2014General Provisions", "52.10", "\u00a7 52.10 Review of new sources and modifications.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10846, May 31, 1972, as amended at 51 FR 40677, Nov. 7, 1986]", "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."], ["40:40:3.0.1.1.1.2.1.1", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.49", "\u00a7 52.49 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.2.1.10", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.60", "\u00a7 52.60 Significant deterioration of air quality.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "(a) All applications and other information required pursuant to \u00a7 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 \u201cGuideline on Air Quality Models (Revised)\u201d or other models approved by EPA."], ["40:40:3.0.1.1.1.2.1.11", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.61", "\u00a7 52.61 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.2.1.12", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.62", "\u00a7 52.62 Control strategy: Sulfur oxides and particulate matter.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "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\u2014Lowman 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.\n\n(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 PM 2.5  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 PM 2.5  NAAQS.\n\n(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 PM 2.5  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 PM 2.5  NAAQS.\n\n(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 PM 2.5  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 PM 2.5  NAAQS.\n\n(d)  Disapproval.  EPA is disapproving portions of Alabama's Infrastructure SIP for the 2006 24-hour PM 2.5  NAAQS addressing interstate transport, specifically with respect to section 110(a)(2)(D)(i)(I).\n\n(e)  Disapproval.  EPA is disapproving portions of Alabama's Infrastructure SIP for the 1997 annual and 2006 24-hour PM 2.5  NAAQS addressing section 110(a)(2)(E)(ii) that requires the State to comply with section 128 of the CAA."], ["40:40:3.0.1.1.1.2.1.13", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.63", "\u00a7 52.63 PM", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[56 FR 32514, July 17, 1991]", "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 PM 10  at 52 FR 24681. The SIP commits the State to submit an emissions inventory, continue to monitor for PM 10 , report data and to submit a full SIP if a violation of the PM 10  and National Ambient Air Quality Standards is detected."], ["40:40:3.0.1.1.1.2.1.14", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.64", "\u00a7 52.64 Determination of attainment.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[76 FR 55575, Sept. 8, 2011]", "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 PM 2.5  nonattainment area attained the 1997 annual PM 2.5  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 PM 2.5  nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d)."], ["40:40:3.0.1.1.1.2.1.15", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.65", "\u00a7 52.65 Control Strategy: Nitrogen oxides.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[57 FR 24370, June 9, 1992]", "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."], ["40:40:3.0.1.1.1.2.1.16", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.66", "\u00a7 52.66 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.2.1.17", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.69", "\u00a7 52.69 Original identification of plan section.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[79 FR 30050, May 27, 2014]", "(a) This section identified the original \u201cAir Implementation Plan for the State of Alabama\u201d 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 (\u00a7\u00a7 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 (\u00a7\u00a7 52.01 to 52.1018) editions revised as of July 1, 2012.\n\n(b)-(c) [Reserved]"], ["40:40:3.0.1.1.1.2.1.2", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.50", "\u00a7 52.50 Identification of plan.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[63 FR 70672, Dec. 22, 1998]", "(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.\n\n(b)  Incorporation by reference.  (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 31, 2022, for Alabama 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. Materials are incorporated as it exists on the date of the approval and notice of any change in the material will be published in the  Federal Register.  Entries in paragraphs (c) and (d) of this section with EPA approval dates after August 31, 2022, for Alabama will be incorporated by reference in the next update to the SIP compilation.\n\n(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) of this section.\n\n(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 also inspect the material with an EPA approval date prior to August 31, 2021, for Alabama, at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, please email  fedreg.legal@nara.gov  or go to:  http://www.archives.gov/federal-register/cfr/ibr-locations.html.\n\n(c)  EPA-Approved Alabama Regulations.\n\nTable 1 to Paragraph  (c) \u2014EPA-Approved Alabama Regulations\n\n(d)  EPA-Approved Alabama Source-Specific Requirements.\n\nTable 2 to Paragraph  (d) \u2014EPA-Approved Alabama Source-Specific Requirements\n\n(e)  EPA Approved Alabama Non-Regulatory Provisions.\n\nEPA Approved Alabama Non-Regulatory Provisions"], ["40:40:3.0.1.1.1.2.1.3", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.51", "\u00a7 52.51 Classification of regions.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10847, May 31, 1972]", "The Alabama plan was evaluated on the basis of the following classifications:"], ["40:40:3.0.1.1.1.2.1.4", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.53", "\u00a7 52.53 Approval status.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "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."], ["40:40:3.0.1.1.1.2.1.5", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.54", "\u00a7 52.54 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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; 88 FR 36889, June 5, 2023; 88 FR 67107, Sept. 29, 2023]", "(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 NO X  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 \u00a7 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.\n\n(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 NO X  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 NO X  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.\n\n(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 NO X  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.\n\n(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 NO X  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 through 2022. The obligation to comply with such requirements with regard to sources and units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority 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 \u00a7 52.38(b)(1) and (b)(2)(ii) 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 areas of Indian country within the borders of the State not subject to the State's SIP authority will not be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's SIP.\n\n(3) 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 NO X  Ozone Season Group 3 Trading Program in subpart GGGGG of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2023 and each subsequent year. The obligation to comply with such requirements with regard to sources and units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority 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 \u00a7 52.38(b)(1) and (b)(2)(iii) 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 areas of Indian country within the borders of the State not subject to the State's SIP authority will not be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's SIP.\n\n(4) Notwithstanding the provisions of paragraphs (b)(2) and (3) of this section, if, at the time of the approval of Alabama's SIP revision described in paragraph (b)(2) or (3) of this section, the Administrator has already started recording any allocations of CSAPR NO X  Ozone Season Group 2 allowances or CSAPR NO X  Ozone Season Group 3 allowances under subpart EEEEE or GGGGG, respectively, of part 97 of this chapter to units in the State and areas of Indian country within the borders of the State subject to the State's SIP authority for a control period in any year, the provisions of such subpart authorizing the Administrator to complete the allocation and recordation of such allowances to such units for each such control period shall continue to apply, unless provided otherwise by such approval of the State's SIP revision.\n\n(5) Notwithstanding the provisions of paragraph (b)(2) of this section, after 2022 the provisions of \u00a7 97.826(c) of this chapter (concerning the transfer of CSAPR NO X  Ozone Season Group 2 allowances between certain accounts under common control), the provisions of \u00a7 97.826(e) of this chapter (concerning the conversion of amounts of unused CSAPR NO X  Ozone Season Group 2 allowances allocated for control periods before 2023 to different amounts of CSAPR NO X  Ozone Season Group 3 allowances), and the provisions of \u00a7 97.811(e) of this chapter (concerning the recall of CSAPR NO X  Ozone Season Group 2 allowances equivalent in quantity and usability to all such allowances allocated to units in the State and Indian country within the borders of the State for control periods after 2022) shall continue to apply.\n\n(6) Notwithstanding any other provision of this part, the effectiveness of paragraph (b)(3) of this section is stayed with regard to emissions occurring in 2023 and thereafter, provided that while such stay remains in effect, the provisions of paragraph (b)(2) of this section shall apply with regard to such emissions."], ["40:40:3.0.1.1.1.2.1.6", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.55", "\u00a7 52.55 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide?", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[76 FR 48361, Aug. 8, 2011, as amended at 80 FR 57275, Sept. 22, 2015; 81 FR 74586 and 74593, Oct. 26, 2016]", "(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 SO 2  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 \u00a7 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.\n\n(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 SO 2  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 SO 2  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."], ["40:40:3.0.1.1.1.2.1.7", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.56", "\u00a7 52.56 Control strategy: Ozone.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[88 FR 9381, Feb. 13, 2023]", "(a) The state implementation plan (SIP) revision submitted on June 21, 2022, addressing Clean Air Act section 110(a)(2)(D)(i)(I) (prongs 1 and 2) for the 2015 ozone national ambient air quality standards (NAAQS) is disapproved.\n\n(b) [Reserved]"], ["40:40:3.0.1.1.1.2.1.8", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.57", "\u00a7 52.57 Control strategy: Sulfur oxides.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[41 FR 42674, Sept. 28, 1976, as amended at 51 FR 40676, Nov. 7, 1986]", "(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.\n\n(b) [Reserved]"], ["40:40:3.0.1.1.1.2.1.9", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "B", "Subpart B\u2014Alabama", "52.58", "\u00a7 52.58 Control strategy: Lead.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[49 FR 18738, May 2, 1984, as amended at 52 FR 4291, Feb. 11, 1987]", "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."], ["40:40:3.0.1.1.1.3.1.1", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "52.70", "\u00a7 52.70 Identification of plan.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[79 FR 19822, Apr. 10, 2014]", "(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.\n\n(b)  Incorporation by reference.  (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to November 21, 2025, 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 notification 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 November 21, 2025, will be incorporated by reference in the next update to the SIP compilation.\n\n(2) EPA Region 10 certifies that the rules/regulations provided by the EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1) of this section.\n\n(3) Copies of the materials incorporated by reference may be inspected at the Region 10 EPA Office at 1200 Sixth Avenue, Suite 155, Seattle, WA 98101. To obtain the material, please call (206) 553-6357. You may inspect the material with an EPA approval date prior to November 21, 2025, for Alaska at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA email  fedreg.legal@nara.gov  or go  to https://www.archives.gov/federal-register/cfr/ibr-locations.\n\n(c)  EPA approved laws and regulations.\n\nTable 1 to Paragraph ( c )\u2014EPA-Approved Alaska Regulations\n\nTable 2 to Paragraph ( c )\u2014Alaska State Statutes\n\nTable 3 to Paragraph ( c )\u2014City and Borough Codes and Ordinances\n\n(d)  EPA approved state source-specific requirements.\n\nTable 4 to Paragraph ( d )\u2014EPA-Approved Alaska Source-Specific Requirements\n\n(e)  EPA approved nonregulatory provisions and quasi-regulatory measures.\n\nTable 5 to Paragraph ( e )\u2014EPA-Approved Alaska Nonregulatory Provisions and Quasi-Regulatory Measures"], ["40:40:3.0.1.1.1.3.1.10", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "", "\u00a7\u00a7 52.83-52.95 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.3.1.11", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "52.96", "\u00a7 52.96 Significant deterioration of air quality.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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]", "(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.\n\n(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 \u00a7 52.21 except paragraph (a)(1) are hereby incorporated and made part of the applicable plan for Indian reservations in the State of Alaska."], ["40:40:3.0.1.1.1.3.1.12", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "", "\u00a7\u00a7 52.97-52.98 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.3.1.2", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "52.71", "\u00a7 52.71 Classification of regions.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10848, May 31, 1972, as amended at 48 FR 30625, July 5, 1983]", "The Alaska plan was evaluated on the basis of the following classifications:"], ["40:40:3.0.1.1.1.3.1.3", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "52.72", "\u00a7 52.72 Approval status.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 15080, July 27, 1972]", "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."], ["40:40:3.0.1.1.1.3.1.4", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "52.73", "\u00a7 52.73 Approval of plans.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[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; 88 FR 84675, Dec. 5, 2023; 90 FR 51545, Nov. 18, 2025]", "(a)  Carbon monoxide \u2014(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.\n\n(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.\n\n(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\u2014Causes 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).\n\n(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).\n\n(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.\n\n(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.\n\n(b)  Lead.  [Reserved]\n\n(c)  Nitrogen dioxide.  [Reserved]\n\n(d)  Ozone.  [Reserved]\n\n(e)  Particulate matter \u2014(1)  Mendenhall Valley.  (i) The EPA approves as a revision to the Alaska State Implementation Plan, the Mendenhall Valley PM 10  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.\n\n(ii) The EPA approves the revisions to the Alaska State Implementation Plan submitted on December 4, 2024, as meeting the following requirements applicable to the Fairbanks North Star Borough 2006 24-hour PM 2.5  Nonattainment Area:\n\n(A) 2020 base year emissions inventory (Clean Air Act section 172(c)(3), 42 U.S.C. 7502(c)(3), 40 CFR 51.1008(c)(1)) for areas subject to Clean Air Act section 189(d), 42 U.S.C. 7513a(d);\n\n(B) 2027 attainment projected emissions inventory (Clean Air Act section 172(c)(1), 42 U.S.C. 7502(c)(1), 40 CFR 51.1008(c)(2)) for areas subject to Clean Air Act section 189(d), 42 U.S.C. 7513a(d));\n\n(C) PM 2.5  precursor demonstrations for SO 2  emissions for existing major stationary sources (Clean Air Act section 189(e), 42 U.S.C. 7513a(e); 40 CFR 51.1006(a));\n\n(D) The control strategy as meeting BACM and BACT requirements under Clean Air Act section 189(b)(1)(B), 42 U.S.C. 7513a(b)(1)(B), and 40 CFR 51.1010(a) for the following emission source categories: PM 2.5  control measures for major stationary sources, requirements for wood sellers, coal-fired heating devices, coffee roasters, energy efficiency and weatherization measures, mobile source category;\n\n(E) Additional measures (beyond those already adopted in previous nonattainment plan SIP submissions for the area as RACM/RACT, BACM/BACT, and MSM (if applicable)) under Clean Air Act section 189(d), 42 U.S.C. 7513a(d), and 40 CFR 51.1010(c);\n\n(F) Attainment demonstration and modeling requirements of Clean Air Act sections 172(a)(2), 189(b)(1)(A), and 189(d), 42 U.S.C. 7502(a)(2), 42 U.S.C. 7513a(b)(1)(A) and 7513a(d), and 40 CFR 51.1003(c) and 51.1011 (Pursuant to CAA section 172(a)(2)(A), 42 U.S.C. 7502(a)(2), and 40 CFR 51.1004(a)(3), the Serious area attainment date for the Fairbanks PM 2.5  Nonattainment Area is December 31, 2027);\n\n(G) Reasonable further progress (RFP) requirements of Clean Air Act section 172(c)(2), 42 U.S.C. 7502(c)(2), and 40 CFR 51.1012;\n\n(H) Quantitative milestones requirements of Clean Air Act section 189(c), 42 U.S.C. 7513a(c), and 40 CFR 51.1013;\n\n(I) Contingency measures requirements of Clean Air Act section 172(c)(9), 42 U.S.C. 7502(c)(9), and 40 CFR 51.1014 applicable to Serious areas subject to Clean Air Act sections 189(b) and 189(d), 42 U.S.C. 7513a(b) and 7513a(d); and\n\n(J) Motor vehicle emission budgets requirements under 40 CFR 51.1003(d) and 93.118.\n\n(2)  Fairbanks.  (i) The EPA approves the revisions to the Alaska State Implementation Plan submitted on December 13, 2019, and December 15, 2020, as meeting the following requirements applicable to the Fairbanks North Star Borough 2006 24-hour PM 2.5  Nonattainment Area:\n\n(A) 2019 base year emissions inventory (Clean Air Act section 172(c)(3), 42 U.S.C. 7502(c)(3), 40 CFR 51.1008(c)(1)) for areas subject to Clean Air Act section 189(d), 42 U.S.C. 7513a(d);\n\n(B) PM 2.5  precursor demonstrations for NO X  and VOC emissions (Clean Air Act section 189(e), 42 U.S.C. 7513a(e); 40 CFR 51.1006(a));\n\n(C) Partial approval of the control strategy as meeting BACM and BACT requirements under Clean Air Act section 189(b)(1)(B), 42 U.S.C. 7513a(b)(1)(B), and 40 CFR 51.1010(a) for ammonia controls for major stationary sources, the solid fuel home heating device source category (except the requirements for dry wood sellers), residential and commercial fuel oil combustion source category; the charbroiler source category, used oil burner source category, and mobile source category (except for rejection of vehicle anti-idling requirements); and\n\n(D) Nonattainment New Source Review Requirements under Clean Air Act sections 172(c)(5), 189(b)(3), 189(d), and 189(e), 42 U.S.C. 7502(c)(5), 7513a(b)(3), 7513a(d), 7513a(e), and 40 CFR 51.165, 40 CFR 51.1003(b)(1)(viii), and 40 CFR 51.1003(c)(1)(viii).\n\n(ii) The EPA disapproves the revisions to the Alaska State Implementation Plan submitted on December 13, 2019, and December 15, 2020, as not meeting the following requirements applicable to the Fairbanks North Star Borough 2006 24-hour PM 2.5  Nonattainment Area:\n\n(A) Attainment projected emissions inventory requirements of Clean Air Act section 172(c)(1), 42 U.S.C. 7502(c)(1), and 40 CFR 51.1008(c)(2));\n\n(B) Partial disapproval as not meeting applicable control strategy BACM and BACT requirements (Clean Air Act section 189(b)(1)(B), 42 U.S.C. 7513a(b)(1)(B), and 40 CFR 51.1010(a)) for the following emission source categories: PM 2.5  and SO 2  control analysis for major stationary sources, requirements for wood sellers, coal-fired heating devices, coffee roasters, weatherization and energy efficiency measures, mobile source category (disapproving for lack of vehicle anti-idling requirements);\n\n(C) Additional measures (beyond those already adopted in previous nonattainment plan SIP submissions for the area as RACM/RACT, BACM/BACT, and MSM (if applicable)) under Clean Air Act section 189(d), 42 U.S.C. 7513a(d), and 40 CFR 51.1010(c);\n\n(D) Attainment demonstration and modeling requirements of Clean Air Act sections 188(c)(2) and 189(b)(1)(A), 42 U.S.C. 7513(c)(2) and 7513a(b)(1)(A), and 40 CFR 51.1003(c) and 51.1011;\n\n(E) Reasonable further progress (RFP) requirements of Clean Air Act section 172(c)(2), 42 U.S.C. 7502(c)(2), and 40 CFR 51.1012;\n\n(F) Quantitative milestones requirements of Clean Air Act section 189(c), 42 U.S.C. 7513a(c), and 40 CFR 51.1013;\n\n(G) Contingency measures requirements of Clean Air Act section 172(c)(9), 42 U.S.C. 7502(c)(9), and 40 CFR 51.1014 applicable to Serious areas subject to Clean Air Act sections 189(b) and 189(d), 42 U.S.C. 7513a(b) and 7513a(d); and\n\n(H) Motor vehicle emission budgets requirements under 40 CFR 51.1003(d) and 93.118, without a protective finding under 40 CFR 93.120.\n\n(f)  Sulfur dioxide.  [Reserved]\n\n(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.\n\n(2) [Reserved]"], ["40:40:3.0.1.1.1.3.1.5", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "52.74", "\u00a7 52.74 Original identification of plan section.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10848, May 31, 1972. Redesignated at 79 FR 19822, Apr. 10, 2014]", "(a) This section identified the original \u201cAir Quality Implementation Plan for the State of Alaska\u201d and all revisions submitted by Alaska that were Federally-approved prior to March 4, 2014.\n\n(b) The plan was officially submitted on April 25, 1972.\n\n(c) The plan revisions listed below were submitted on the dates specified.\n\n(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.\n\n(2) Compliance schedules submitted on August 2, 1973, by the State of Alaska Department of Environmental Conservation.\n\n(3) Compliance schedules submitted on August 23, 1973, by the State of Alaska Department of Environmental Conservation.\n\n(4) Compliance schedules submitted on September 30, 1975, by the State of Alaska Department of Environmental Conservation.\n\n(5) Compliance schedules submitted on January 6, 1976, by the State of Alaska Department of Environmental Conservation.\n\n(6) Compliance schedules submitted on September 30, 1975, by the State of Alaska Department of Environmental Conservation.\n\n(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:\n\nVolume II. Analysis of Problems, Control Actions\n \n Section III.  Areawide Pollutant Control Efforts,  Subsection A.\n \n Carbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks Emergency Avoidance Plan)\n \n Volume III. Appendices\n \n III-1 A Review of Carbon Monoxide Emissions from Motor Vehicles during Cold Temperature Operation\n \n III-2 Cold Weather Related Strategy Support Development\n \n III-3 Preliminary Assessment of Meteorological Conditions during Days of Ambient Air Quality Violations in Anchorage\n \n III-4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions Inspection Program\n \n III-5 Approach of Evaluating an Alaska I/M Program\n \n III-6 Appendices to the Anchorage Air Quality Plan\n \n III-7 Appendices to the Fairbanks Air Quality Plan\n\nSection III.  Areawide Pollutant Control Efforts,  Subsection A.\n\nCarbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks Emergency Avoidance Plan)\n\nIII-1 A Review of Carbon Monoxide Emissions from Motor Vehicles during Cold Temperature Operation\n\nIII-2 Cold Weather Related Strategy Support Development\n\nIII-3 Preliminary Assessment of Meteorological Conditions during Days of Ambient Air Quality Violations in Anchorage\n\nIII-4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions Inspection Program\n\nIII-5 Approach of Evaluating an Alaska I/M Program\n\nIII-6 Appendices to the Anchorage Air Quality Plan\n\nIII-7 Appendices to the Fairbanks Air Quality Plan\n\n(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, \u00a7 58.20, as follows:\n\nVolume II. Analysis of Problems, Control Actions\n \n Section V.  Ambient Air Monitoring \n \n A. Purpose\n \n C. Air Monitoring Network\n \n E. Annual Review\n\nSection V.  Ambient Air Monitoring\n\n(9) Provisions of a State Air Quality Control Plan submitted by the Governor of Alaska on January 18, 1980, as follows:\n\nVolume II. Analysis of Problems, Control Actions\n \n Section I.  Introduction \n \n A. Summary\n \n B. Air Quality Control Regions\n \n C. Attainment/Nonattainment Designations\n \n Section II.  Alaskan Air Quality Control Programs \n \n A. State Program\n \n B. Local Programs\n \n C. Resource Needs\n \n Section III.  Areawide Pollutant Control Efforts \n \n A. Carbon Monoxide, Subpart 1.c (Other areas)\n \n B. Total Suspended Particulate Matter\n \n C. Ice Fog\n \n D. Open Burning\u2014Forest Practices\n \n Section IV.  Point Source Control Efforts \n \n A. Summary\n \n B. Description of Source Categories and Pollutants\n \n C. Summary of Major Emitting Sources\n \n D. History of Alaskan Point Source Program\n \n F. Local Program Enforcement\n \n G. New Source Review and Approval\n \n H. Compliance Assurance\n \n I. State Air Quality Control Regulations\n \n Section V.  Ambient Air Monitoring \n \n B. Description of Previous Air Monitoring Network\n \n Volume III. Appendices\n \n I-1 Summary of Public Hearings, Written Testimony, etc.\n \n I-2 Recommendations for attainment/Nonattainment designations\n \n II-1 Alaska Statutes, except section 46.03.170\n \n II-2 Regulations of the Fairbanks North Star Borough, except section 8.04.070\n \n II-3 Fairbanks North Star Borough/Alaska Department of Environmental Conservation Agreement\n \n II-4 Municipality of Anchorage/Alaska Department of Environmental Conservation Agreement\n \n II-5 Alaska State Department of Law Legal Opinion\n \n IV-1 Summaries of Emission Inventories\n \n IV-2 D. Permit to Operate for the Fairbanks Municipal Utilities System\n \n IV-3 Testing Procedures\n \n V-1 Air Quality Data\n \n An amended Appendix II-5, \u201cAlaska State Department of Law Legal Opinion\u201d 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:\n \n Volume II. Analysis of Problems, Control Actions\n \n Section I.  Introduction \n \n C. Attainment/Nonattainment Designations\n \n Section III.  Areawide Pollutant Control Efforts \n \n D. Open Burning\u2014Forest Practices\n \n Section IV.  Point Source Control Efforts \n \n C. Summary of Major Emitting Sources\n \n D. History of Alaskan Point Source Program\n \n F. Local Program Enforcement\n \n G. New Source Review and Approval\n \n H. Compliance Assurance\n \n I. State Air Quality Control Regulations\n \n Section V.  Ambient Air Monitoring \n \n C. Air Monitoring Network\n \n E. Annual Review\n \n Volume III. Appendices\n \n IV-4 ADEC Ambient Analysis Procedures\n\nSection I.  Introduction\n\nSection II.  Alaskan Air Quality Control Programs\n\nSection III.  Areawide Pollutant Control Efforts\n\nSection IV.  Point Source Control Efforts\n\nSection V.  Ambient Air Monitoring\n\nI-1 Summary of Public Hearings, Written Testimony, etc.\n\nI-2 Recommendations for attainment/Nonattainment designations\n\nII-1 Alaska Statutes, except section 46.03.170\n\nII-2 Regulations of the Fairbanks North Star Borough, except section 8.04.070\n\nII-3 Fairbanks North Star Borough/Alaska Department of Environmental Conservation Agreement\n\nII-4 Municipality of Anchorage/Alaska Department of Environmental Conservation Agreement\n\nII-5 Alaska State Department of Law Legal Opinion\n\nIV-1 Summaries of Emission Inventories\n\nIV-2 D. Permit to Operate for the Fairbanks Municipal Utilities System\n\nIV-3 Testing Procedures\n\nV-1 Air Quality Data\n\nAn amended Appendix II-5, \u201cAlaska State Department of Law Legal Opinion\u201d 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:\n\nSection I.  Introduction\n\nSection III.  Areawide Pollutant Control Efforts\n\nSection IV.  Point Source Control Efforts\n\nSection V.  Ambient Air Monitoring\n\nIV-4 ADEC Ambient Analysis Procedures\n\n(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.\n\n(11) Provisions of a State Air Quality Control Plan submitted by the Alaska Department of Environmental Conservation on November 15, 1983, as follows:\n\nVolume II. Analysis of Problems, Control Actions\n \n Section I.  Background \n \n A. Introduction\n \n B. Air Quality Control Regions\n \n C. Attainment/Nonattainment Designations\n \n D. Prevention of Significant Deterioration Designations\n \n Section II.  State Air Quality Control Program \n \n Section III.  Areawide Pollutant Control Program \n \n D. Total Suspended Particulate Matter\n \n E. Ice Fog\n \n F. Open Burning\n \n G. Wood Smoke Pollution Control\n \n Section IV.  Point Source Control Program \n \n A. Summary\n \n 1. Annual Review Report\n \n B. State Air Quality Regulations\n \n C. Local Programs\n \n D. Description of Source Categories and Pollutants\n \n 1. Typical Point Sources\n \n 2. Summary of Major Emitting Facilities\n \n E. Point Source Control\n \n 1. Introduction\n \n F. Facility Review Procedures\n \n 1. Who needs a permit?\n \n 2. Standard Application Procedures\n \n 3. PSD Application Procedures, Preliminary report and meeting, Pre-construction monitoring, PSD application format\n \n 4. Nonattainment Application Procedures\n \n G. Application Review and Permit Development\n \n 1. Application Review\n \n 2. Permit Development Requirement, Monitoring and Testing Requirements, Ambient Monitoring, Continuous Emissions Monitoring, Source Testing\n \n 3. Prevention of Significant Deterioration Review, Basis of Program, PSD Regulations, PSD Analysis Procedure\n \n 4. Nonattainment Area Review\n \n 5. New Source Performance Standards Source Review\n \n 6. Visibility Review\n \n 7. Sources under EPA Review\n \n H. Permit Issuance Requirements\n \n Section V.  Ambient Air Monitoring \n \n A. Purpose\n \n B. Completed Air Monitoring Projects\n \n 1. Carbon Monoxide\n \n 2. Nitrogen Oxides\n \n 3. Sulfur Dioxide\n \n 4. Ozone\n \n 5. Total Suspended Particulates (TSP)\n \n 6. Lead\n \n C. Air Monitoring Network\n \n 1. Network Description\n \n 2. Station Designations\n \n 3. Air Quality Monitoring Procedures\n \n 4. Ambient Sampling for Specific Pollutants\n \n E. Annual Review\n \n Volume III. Appendices\n \n Section II.  State Air Quality Control Program \n \n II.A. State Air Statutes, except section 46.03.170, State Attorney General Opinions on Legal Authority\n \n II.B. Municipality of Anchorage/Cook Inlet/ADEC Agreements\n \n II.C. Fairbanks North Star Borough Ordinances/FNSB & ADEC Agreements\n \n Section III.  Areawide Pollutant Control Program \n \n III.G. Ordinance of the City and Borough of Juneau\n \n Section IV.  Point Source Control Program \n \n IV.1. PSD Area Classification and Reclassifications\n \n A. Class I Area Boundaries\n \n B. Areas Protected from Visibility Degradation\n \n C. Reclassification\n \n 1. Limitations on PSD Reclassification\n \n 2. PSD Reclassification Procedures\n \n IV.2. Compliance Assurance\n \n IV.3. Testing Procedures\n \n Section V.  Ambient Air Monitoring \n \n ADEC Ambient Analysis Procedures\n \n 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).\n\nA. Introduction\n\nB. Air Quality Control Regions\n\nC. Attainment/Nonattainment Designations\n\nD. Prevention of Significant Deterioration Designations\n\nD. Total Suspended Particulate Matter\n\nE. Ice Fog\n\nF. Open Burning\n\nG. Wood Smoke Pollution Control\n\nA. Summary\n\nB. State Air Quality Regulations\n\nC. Local Programs\n\nD. Description of Source Categories and Pollutants\n\nE. Point Source Control\n\nF. Facility Review Procedures\n\nG. Application Review and Permit Development\n\nH. Permit Issuance Requirements\n\nA. Purpose\n\nB. Completed Air Monitoring Projects\n\nC. Air Monitoring Network\n\nE. Annual Review\n\nII.A. State Air Statutes, except section 46.03.170, State Attorney General Opinions on Legal Authority\n\nII.B. Municipality of Anchorage/Cook Inlet/ADEC Agreements\n\nII.C. Fairbanks North Star Borough Ordinances/FNSB & ADEC Agreements\n\nIII.G. Ordinance of the City and Borough of Juneau\n\nIV.1. PSD Area Classification and Reclassifications\n\nIV.2. Compliance Assurance\n\nIV.3. Testing Procedures\n\nTitle 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).\n\n(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.\n\n(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.\n\n(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).\n\n(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.\n\n(ii)  Other material.  (A) Section III.A Statewide Transportation Control Program.\n\n(B) Section III.B Anchorage Transportation Control Program.\n\n(C) Section III.C Fairbanks Transportation Control Program.\n\n(D) The I/M Program Design for the Fairbanks North Star Borough dated October 25, 1984.\n\n(E) The I/M Program Design for the Municipality of Anchorage dated 1984.\n\n(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).\n\n(i)  Incorporation by reference.  (A) June 26, 1987 letter from the State of Alaska Department of Environmental Conservation to EPA Region 10.\n\n(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.\n\n(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.\n\n(D) Page number Section III.C.5-7 of Volume II (Fairbanks Inspection and Maintenance Design). This new page supersedes 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.\n\n(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).\n\n(i)  Incorporation by reference.  (A) June 26, 1987 letter from the State of Alaska Department of Environmental Conservation to EPA, Region 10.\n\n(B) August 11, 1987 letter from the State of Alaska Department of Environmental Conservation to EPA, Region 10.\n\n(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.\n\n(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).\n\n(i)  Incorporation by reference.  (A) September 12, 1988 letter from the State of Alaska Department of Environmental Conservation to EPA Region 10.\n\n(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.\n\n(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 \u201cProject Review Procedures\u201d 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.\n\n(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.\n\n(B) Vol. II, Analysis of Problems, Control Actions, Pages IV.F.1-1 through IV.F.1-8 of section IV.F, \u201cProject Review Procedures,\u201d revised June 2, 1988.\n\n(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.\n\n(17) On October 17, 1991, the State of Alaska Department of Environmental Conservation submitted a PM 10  nonattainment area state implementation plan for Eagle River, Alaska.\n\n(i)  Incorporation by reference.  (A) October 15, 1991 letter from Alaska Department of Environmental Conservation to EPA Region 10 submitting the PM 10  nonattainment area state implementation plan for Eagle River, Alaska.\n\n(B) The PM 10  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.\n\n(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 PM 10  nonattainment area SIP for Mendenhall Valley, Alaska. Also included in this SIP were PM 10  contingency measures for the Mendenhall Valley. On January 21, 1992, a supplement to the existing Eagle River PM 10  control plan was submitted by ADEC to EPA and certified on March 8, 1993, by the Lieutenant Governor of Alaska.\n\n(i)  Incorporation by reference.  (A) June 22, 1993, letter from the Governor of the State of Alaska to EPA, Region 10, submitting the moderate PM 10  nonattainment area SIP for Mendenhall Valley, Alaska.\n\n(B) The Control Plan for Mendenhall Valley of Juneau, effective July 8, 1993.\n\n(C) August 25, 1993, letter from ADEC showing, through enclosures, the permanent filing record for the supplement to the existing Eagle River PM 10  control plan. The Lieutenant Governor certified the supplement on March 8, 1993.\n\n(D) The January 21, 1992, supplement to the existing Eagle River PM 10  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 PM 10  control plan.\n\n(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.\n\n(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, \u201cTitle 46. Water, Air, Energy, and Environmental Conservation,\u201d 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.\n\n(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.\n\n(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.\n\n(20) On April 18, 1994, the Commissioner of the Alaska Department of Environmental Conservation (ADEC) submitted \u201cThe Alaska Air Quality Small Business Assistance Program State Air Quality Control Plan Amendment,\u201d adopted April 8, 1994, as a revision to the Alaska SIP.\n\n(i)  Incorporation by reference.  (A) Letter dated April 8, 1994, from the Commissioner of ADEC to the Regional Administrator of EPA, submitting \u201cThe Alaska Air Quality Small Business Assistance Program State Air Quality Control Plan Amendment\u201d 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.\n\n(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.\n\n(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).\n\n(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.\n\n(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.\n\n(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, \u201cFuel Requirements for Motor Vehicles,\u201d (Article 1, 18 AAC 53.005-18 AAC 53.190 and Article 9, 18 AAC 53.990) with amendments adopted through March 19, 1994.\n\n(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.\n\n(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.\n\n(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.\n\n(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:\n\n( 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.\n\n( 2 ) Amendments to the Alaska State Air Quality Control Plan, \u201cVolume II: Analysis of Problems, Control Actions,\u201d 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.\n\n(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.\n\n(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, \u201cFuel Requirements for Motor Vehicles,\u201d (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.\n\n(26) Submittal to EPA from the ADEC of CO contingency measure for Fairbanks, AK.\n\n(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.\n\n(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.\n\n(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).\n\n(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 \u201cIn Situ Burning Guidelines for Alaska (revised 5/94).\u201d\n\n(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.\n\n(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.\n\n(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).\n\n(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.\n\n(i)  Incorporation by reference.  (A) Air Quality Control Regulations, 18 AAC 50.\n\nEffective 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.\n\n(B) Emissions Inspection and Maintenance Requirements for Motor Vehicles 18 AAC 52.\n\n(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.\n\n(2) Effective January 1, 1997: Section 055; 090.\n\n(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).\n\n(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).\n\n(5) Remove the following provisions of 18 AAC 52, effective January 4, 1995: Section 530, subsection (c) (4)(c).\n\n(C) Fuel Requirements for Motor Vehicles 18 AAC 53.\n\n(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.\n\n(2) Remove the following provision of 18 AAC 53.015, Expansion of Control Area, effective October 31, 1997.\n\n(ii)  Additional material.  (A) Revisions to Alaska's State Air Quality Control Plan, Volume II: Section I, \u201cBackground,\u201d I.A; I.B., I.C., I.D., and I.E., adopted 11/26/96; Part B\u2014Anchorage Contingency Measures, adopted 5/18/98; Section II, \u201cState Air Quality Control Program,\u201d pages II-1 through II-4, adopted 5/18/98; Section III.A. \u201cStatewide Carbon Monoxide Control Program,\u201d pages III.A.1-1 through III.A.3-4, adopted 5/18/98; III.B. \u201cAnchorage Transportation Control Program,\u201d pages III.B.1-1 through III.B.6-7, adopted 5/18/98; III.B.8. \u201cModeling and Projections,\u201d pages III.B.8-1 through III.B.9-2, adopted 5/18/98; III.B.10, \u201cAnchorage Air Pollution Episode Curtailment Plan,\u201d pages III.B.10-1 and III.B.10-2, revised 12/19/93; III.B.11. \u201cAssurance of Adequacy,\u201d pages III.B.11-1 through III.B.11-3, revised 5/18/98; III.B.12. \u201cEmissions Budget,\u201d 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.\n\n(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.\n\n(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.\n\n(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.\n\n(i)  Incorporation by reference.  (A) Air Quality Control Regulations, 18 AAC 50. Effective December 30, 2000: Section 030.\n\n(B) Emissions Inspection and Maintenance Requirements for Motor Vehicles 18 AAC 52.\n\n( 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.\n\n( 2 ) Effective December 30, 2000: Sections 050 and 990.\n\n(C) Fuel Requirements for Motor Vehicles 18 AAC 53. Effective December 30, 2000: Section 080.\n\n(32) On August 30, 2001 the Alaska Department of Environmental Conservation submitted revisions to the Carbon Monoxide State Implementation Plan for Fairbanks, Alaska.\n\n(i)  Incorporation by reference.  (A) Air Quality Control Regulations, 18 AAC 50.030, as adopted 7/27/01, effective 9/21/01.\n\n(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.\n\n(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.\n\n(33) [Reserved]\n\n(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.\n\n(i)  Incorporation by reference.  (A) 18AAC50.010, Ambient air quality standards, as effective June 21, 1998, except for subsections (7) and (8).\n\n(B) 18AAC50.015, Air quality designations, classifications, and control regions, as in effect February 20, 2004.\n\n(C) 18AAC53.010, Control periods and control areas, as in effect February 20, 2004.\n\n(D) 18AAC53.190, Suspension and reestablishment of control period, as in effect February 20, 2004.\n\n(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.\n\n(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.\n\n(i)  Incorporation by reference.  (A) 18AAC50.015, Air quality designations, classifications, and control regions, as in effect June 24, 2004.\n\n(B) Assembly Ordinance No. 2003-71\u2014An Ordinance amending the Carbon Monoxide Emergency Episode Prevention Plan including implementing a Woodstove Control Ordinance, adopted October 30, 2003.\n\n(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.\n\n(i) Incorporation by reference.\n\n(A) The following new and revised sections of ADEC's air quality regulations:\n\n( 1 ) 18 AAC 50.080 Ice Fog Standards; State effective January 18, 1997.\n\n( 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.\n\n( 3 ) 18 AAC 50.050 Incinerator Emission Standards; State effective May 3, 2002.\n\n( 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.\n\n( 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.\n\n( 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.\n\n( 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.\n\n(B) Remove the following provisions from the current incorporation by reference:\n\n( 1 ) 18 AAC 50.030 State Air Quality Control Plan; State effective September 21, 2001.\n\n( 2 ) 18 AAC 50.035 (b)(4) Documents, Procedures and Methods Adopted by Reference; State Effective January 18, 1997.\n\n( 3 ) 18 AAC 50.090 Ice Fog Limitations; State effective May 26, 1972.\n\n( 4 ) 18 AAC 50.220(c)(2) Enforceable Test Methods; State effective January 18, 1997.\n\n( 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.\n\n( 6 ) 18 AAC 50.520 Emissions and Ambient Monitoring; State effective July 21, 1991.\n\n( 7 ) 18 AAC 50.530 Circumvention; State effective June 7, 1987.\n\n( 8 ) 18 AAC 50.310 Revocation or Suspension of Permit; State effective May 4, 1980.\n\n( 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.\n\n( 10 ) 18 AAC 50.600 Reclassification Procedures & Criteria; State effective November 1, 1982.\n\n( 11 ) 18 AAC 50.620 State Air Quality Control Plan; State effective January 4, 1995.\n\n( 12 ) 18 AAC 50.900 Definitions; State effective July 21, 1991 and January 4, 1995.\n\n(ii) Additional Material.\n\n(A) The following section of ADEC's air quality regulations: 18 AAC 50.030 State Air Quality Control Plan, State effective October 1, 2004.\n\n(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.\n\n(i)  Incorporation by reference.\n\n(A) The following new and revised sections of ADEC's air quality regulations:\n\n(1) 18 AAC 50.030 Air Quality Control as in effect May 17, 2008.\n\n(2) 18 AAC 52 Emissions Inspection and Maintenance Requirements for Motor Vehicles as in effect May 17, 2008.\n\n(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.\n\n(ii) Additional material\n\n(A) The following revised sections of Alaska's air quality regulations:\n\n(1) State Air Quality Control Plan\u2014Vol. II Analysis of Problems, Control Actions, Section II: Air Quality Program, April 4, 2008\n\n(2) State Air Quality Control Plan\u2014Vol. II Analysis of Problems, Control Actions, Section III.A. Statewide Carbon Monoxide Control Program, April 4, 2008\n\n(3) State Air Quality Control Plan\u2014Vol. II Analysis of Problems, Control Actions, Section III.C. Fairbanks Transportation Control Program, April 4, 2008\n\n(4) Amendments to State Air Quality Control Plan, Vol. III Appendices (Appendix III.A.2 and Appendix to III.C.3), April 4, 2008\n\n(5) State Air Quality Control Plan\u2014Vol. II Analysis of Problems, Control Actions, Section III.B. Anchorage Transportation Control Program, September 19, 2006\n\n(6) Vol. III. Appendix to Vol. II, Sec II, September 19, 2006\n\n(7) Vol. III. Appendix to Vol. II, Sec III.A, September 19, 2006\n\n(8) Vol. III. Appendix to Vol. II, Sec III.B, September 19, 2006\n\n(9) Vol. III. Appendix to Vol. II, Sec III.C, September 19, 2006\n\n(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 \u201cSubject to regulation\u201d as it applies to greenhouse gases in Alaska's Prevention of Significant Deterioration (PSD) permit rule.\n\n(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 \u201cSubject to regulation\u201d in 40 CFR 52.21(b)(49) for the purpose of greenhouse gases only; State effective December 9, 2010.\n\n(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.\n\n(i)  Incorporation by reference.  (A) The following revised sections of Alaska Administrative Code Title 18: Chapter 50, effective April 1, 2010:\n\n( 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;\n\n( 2 ) Article 2, Program Administration: Rule 215 Ambient Air Quality Analysis Methods, (a) introductory text, and (a)(2);\n\n( 3 ) Article 9, General Provisions, Rule 990 Definitions, (129).\n\n(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 NO X  as a precursor to ozone, and provisions to satisfy CAA section 128 conflict of interest disclosure requirements.\n\n(i)  Incorporation by reference.  (A) The following revised sections of Alaska Administrative Code Title 18, Chapter 50, effective December 9, 2010:\n\n( 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 \u201csignificant\u201d at 40 CFR 52.21(b)(23)(i);\n\n( 2 ) Article 9, General Provisions, Rule 990 Definitions, (52)(A), \u201cmajor stationary source,\u201d (53)(A), \u201cmajor modification,\u201d and (92), \u201cregulated NSR pollutant.\u201d\n\n(ii)  Additional material.  (A) The following sections of Alaska Administrative Code Title 2 and Title 9, effective February 20, 2005:\n\n( 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);\n\n( 2 ) Title 9, Law: Chapter 52, Executive Branch Code of Ethics (9 AAC 52.010-9 AAC 52.990).\n\n(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.\n\n(i) Incorporation by reference.\n\n(A) The following revised section of the Alaska Administrative Rules: Alaska Department of Environmental Conservation, 18 AAC 50.260, \u201cGuidelines for Best Available Retrofit Technology under the Regional Haze Rule\u201d, state effective date December 30, 2007.\n\n(ii) Additional material.\n\n(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.\n\n(42) On May 14, 2009, the Alaska Department of Environmental Conservation submitted a PM 10  limited maintenance plan and requested the redesignation of the Mendenhall Valley to attainment for PM 10 . The state's limited maintenance plan and redesignation request meet the requirements of the Clean Air Act.\n\n(i) Incorporation by reference.\n\n(A) Alaska Administrative Code, Title 18, Chapter 50 Air Quality Control, Section 075 \u201cWood-fired heating devise visible emission standards,\u201d effective May 6, 2009.\n\n(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"], ["40:40:3.0.1.1.1.3.1.6", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "52.75", "\u00a7 52.75 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.3.1.7", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "52.76", "\u00a7 52.76 1990 Base Year Emission Inventory.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[62 FR 6132, Feb. 11, 1997, as amended at 63 FR 50764, Sept. 23, 1998]", "(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.\n\n(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."], ["40:40:3.0.1.1.1.3.1.8", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "", "\u00a7\u00a7 52.77-52.81 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.3.1.9", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "C", "Subpart C\u2014Alaska", "52.82", "\u00a7 52.82 Extensions.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[61 FR 33678, June 28, 1996]", "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."], ["40:40:3.0.1.1.1.4.1.1", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.119", "\u00a7 52.119 Identification of plan\u2014conditional approvals.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[83 FR 19635, May 4, 2018, as amended at 84 FR 13548, Apr. 5, 2019; 85 FR 10988, Feb. 26, 2020; 85 FR 43694, July 20, 2020; 86 FR 975, Jan. 7, 2021; 86 FR 31938, June 16, 2021; 87 FR 8424, Feb. 15, 2022; 88 FR 7880, Feb. 7, 2023; 89 FR 97544, Dec. 9, 2024; 90 FR 1906, Jan. 10, 2025; 90 FR 4654, Jan. 16, 2025; 90 FR 24515, June 11, 2025]", "This section identifies plan revisions that are conditionally approved based upon commitments received from the State.\n\n(a)-(c) [Reserved]"], ["40:40:3.0.1.1.1.4.1.10", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.128", "\u00a7 52.128 Rule for unpaved parking lots, unpaved roads and vacant lots.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[64 FR 71308, Dec. 21, 1999]", "(a)  General \u2014(1)  Purpose.  The purpose of this section is to limit the emissions of particulate matter into the ambient air from human activity on unpaved parking lots, unpaved roads and vacant lots.\n\n(2)  Applicability.  The provisions of this section shall apply to owners/operators of unpaved roads, unpaved parking lots and vacant lots and responsible parties for weed abatement on vacant lots in the Phoenix PM-10 nonattainment area. This section does not apply to unpaved roads, unpaved parking lots or vacant lots located on an industrial facility, construction, or earth-moving site that has an approved permit issued by Maricopa County Environmental Services Division under Rule 200, Section 305, Rule 210 or Rule 220 containing a Dust Control Plan approved under Rule 310 covering all unpaved parking lots, unpaved roads and vacant lots. This section does not apply to the two Indian Reservations (the Salt River Pima-Maricopa Indian Community and the Fort McDowell Mojave-Apache Indian Community) and a portion of a third reservation (the Gila River Indian Community) in the Phoenix PM-10 nonattainment area. Nothing in this definition shall preclude applicability of this section to vacant lots with disturbed surface areas due to construction, earth-moving, weed abatement or other dust generating operations which have been terminated for over eight months.\n\n(3) The test methods described in Appendix A of this section shall be used when testing is necessary to determine whether a surface has been stabilized as defined in paragraph (b)(16) of this section.\n\n(b)  Definitions \u2014(1)  Average daily trips (ADT).  The average number of vehicles that cross a given surface during a specified 24-hour time period as determined by the Institute of Transportation Engineers Trip Generation Report (6th edition, 1997) or tube counts.\n\n(2)  Chemical/organic stabilizer \u2014Any non-toxic chemical or organic dust suppressant other than water which meets any specifications, criteria, or tests required by any federal, state, or local water agency and is not prohibited for use by any applicable law, rule or regulation.\n\n(3)  Disturbed surface area \u2014Any portion of the earth's surface, or materials placed thereon, which has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed natural condition, thereby increasing the potential for emission of fugitive dust.\n\n(4)  Dust suppressants \u2014Water, hygroscopic materials, solution of water and chemical surfactant, foam, or non-toxic chemical/organic stabilizers not prohibited for use by any applicable law, rule or regulation, as a treatment material to reduce fugitive dust emissions.\n\n(5)  EPA \u2014United States Environmental Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, California 94105.\n\n(6)  Fugitive dust \u2014The particulate matter entrained in the ambient air which is caused from man-made and natural activities such as, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. This excludes particulate matter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from piledrivers.\n\n(7)  Lot \u2014A parcel of land identified on a final or parcel map recorded in the office of the Maricopa County recorder with a separate and distinct number or letter.\n\n(8)  Low use unpaved parking lot \u2014A lot on which vehicles are parked no more than thirty-five (35) days a year, excluding days where the exemption in paragraph (c)(2) of this section applies.\n\n(9)  Motor vehicle \u2014A self-propelled vehicle for use on the public roads and highways of the State of Arizona and required to be registered under the Arizona State Uniform Motor Vehicle Act, including any non-motorized attachments, such as, but not limited to, trailers or other conveyances which are connected to or propelled by the actual motorized portion of the vehicle.\n\n(10)  Off-road motor vehicle \u2014any wheeled vehicle which is used off paved roadways and includes but is not limited to the following:\n\n(i) Any motor cycle or motor-driven cycle;\n\n(ii) Any motor vehicle commonly referred to as a sand buggy, dune buggy, or all terrain vehicle.\n\n(11)  Owner/operator \u2014any person who owns, leases, operates, controls, maintains or supervises a fugitive dust source subject to the requirements of this section.\n\n(12)  Paving \u2014Applying asphalt, recycled asphalt, concrete, or asphaltic concrete to a roadway surface.\n\n(13)  Phoenix PM-10 nonattainment area \u2014such area as defined in 40 CFR 81.303, excluding Apache Junction.\n\n(14)  PM-10 \u2014Particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by reference or equivalent methods that meet the requirements specified for PM-10 in 40 CFR part 50, Appendix J.\n\n(15)  Reasonably available control measures (RACM) \u2014Techniques used to prevent the emission and/or airborne transport of fugitive dust and dirt.\n\n(16)  Stabilized surface \u2014(i) Any unpaved road or unpaved parking lot surface where:\n\n(A) Any fugitive dust plume emanating from vehicular movement does not exceed 20 percent opacity as determined in section I.A of Appendix A of this section; and\n\n(B) Silt loading (weight of silt per unit area) is less than 0.33 ounces per square foot as determined by the test method in section I.B of Appendix A of this section OR where silt loading is greater than or equal to 0.33 ounces per square foot and silt content does not exceed six (6) percent for unpaved road surfaces or eight (8) percent for unpaved parking lot surfaces as determined by the test method in section I.B of Appendix A of this section.\n\n(ii) Any vacant lot surface with:\n\n(A) A visible crust which is sufficient as determined in section II.1 of Appendix A of this section;\n\n(B) A threshold friction velocity (TFV), corrected for non-erodible elements, of 100 cm/second or higher as determined in section II.2 of Appendix A of this section;\n\n(C) Flat vegetation cover equal to at least 50 percent as determined in section II.3 of Appendix A of this section;\n\n(D) Standing vegetation cover equal to or greater than 30 percent as determined in section II.4 of Appendix A of this section; or\n\n(E) Standing vegetation cover equal to or greater than 10 percent as determined in section II.4 of Appendix A of this section where threshold friction velocity, corrected for non-erodible elements, as determined in section II.2 of Appendix A of this section is equal to or greater than 43 cm/second.\n\n(17)  Unpaved parking lot \u2014A privately or publicly owned or operated area utilized for parking vehicles that is not paved and is not a Low use unpaved parking lot.\n\n(18)  Unpaved road \u2014Any road, equipment path or driveway used by motor vehicles or off-road motor vehicles that is not paved which is open to public access and owned/operated by any federal, state, county, municipal or other governmental or quasi-governmental agencies.\n\n(19)  Urban or suburban open area \u2014An unsubdivided or undeveloped tract of land adjoining a residential, industrial or commercial area, located on public or private property.\n\n(20)  Vacant lot \u2014A subdivided residential, industrial, institutional, governmental or commercial lot which contains no approved or permitted buildings or structures of a temporary or permanent nature.\n\n(c)  Exemptions.  The following requirements in paragraph (d) of this section do not apply:\n\n(1) In paragraphs (d)(1), (d)(2) and (d)(4)(iii) of this section: Any unpaved parking lot or vacant lot 5,000 square feet or less.\n\n(2) In paragraphs (d)(1) and (d)(2) of this section: Any unpaved parking lot on any day in which ten (10) or fewer vehicles enter.\n\n(3) In paragraphs (d)(4)(i) and (d)(4)(ii) of this section: Any vacant lot with less than 0.50 acre (21,780 square feet) of disturbed surface area(s).\n\n(4) In paragraph (d) of this section: Non-routine or emergency maintenance of flood control channels and water retention basins.\n\n(5) In paragraph (d) of this section: Vehicle test and development facilities and operations when dust is required to test and validate design integrity, product quality and/or commercial acceptance. Such facilities and operations shall be exempted from the provisions of this section only if such testing is not feasible within enclosed facilities.\n\n(6) In paragraph (d)(4)(i) of this section: Weed abatement operations performed on any vacant lot or property under the order of a governing agency for the control of a potential fire hazard or otherwise unhealthy condition provided that mowing, cutting, or another similar process is used to maintain weed stubble at least three (3) inches above the soil surface. This includes the application of herbicides provided that the clean-up of any debris does not disturb the soil surface.\n\n(7) In paragraph (d)(4)(i) of this section: Weed abatement operations that receive an approved Earth Moving permit under Maricopa County Rule 200, Section 305 (adopted 11/15/93).\n\n(d)  Requirements \u2014(1)  Unpaved parking lots.  Any owners/operators of an unpaved parking lot shall implement one of the following RACM on any surface area(s) of the lot on which vehicles enter and park.\n\n(i) Pave; or\n\n(ii) Apply chemical/organic stabilizers in sufficient concentration and frequency to maintain a stabilized surface; or\n\n(iii) Apply and maintain surface gravel uniformly such that the surface is stabilized; or\n\n(iv) Apply and maintain an alternative control measure such that the surface is stabilized, provided that the alternative measure is not prohibited under paragraph (b)(2) or (b)(4) of this section.\n\n(2) Any owners/operators of a low use unpaved parking lot as defined in paragraph (b)(8) of this section shall implement one of the RACM under paragraph (d)(1) of this section on any day(s) in which over 100 vehicles enter the lot, such that the surface area(s) on which vehicles enter and park is/are stabilized throughout the duration of time that vehicles are parked.\n\n(3)  Unpaved roads.  Any owners/operators of existing unpaved roads with ADT volumes of 250 vehicles or greater shall implement one of the following RACM along the entire surface of the road or road segment that is located within the Phoenix non-attainment area by June 10, 2000:\n\n(i) Pave; or\n\n(ii) Apply chemical/organic stabilizers in sufficient concentration and frequency to maintain a stabilized surface; or\n\n(iii) Apply and maintain surface gravel uniformly such that the surface is stabilized; or\n\n(iv) Apply and maintain an alternative control measure such that the surface is stabilized, provided that the alternative measure is not prohibited under paragraph (b)(2) or (b)(4) of this section.\n\n(4)  Vacant lots.  The following provisions shall be implemented as applicable.\n\n(i)  Weed abatement.  No person shall remove vegetation from any vacant lot by blading, disking, plowing under or any other means without implementing all of the following RACM to prevent or minimize fugitive dust.\n\n(A) Apply a dust suppressant(s) to the total surface area subject to disturbance immediately prior to or during the weed abatement.\n\n(B) Prevent or eliminate material track-out onto paved surfaces and access points adjoining paved surfaces.\n\n(C) Apply a dust suppressant(s), gravel, compaction or alternative control measure immediately following weed abatement to the entire disturbed surface area such that the surface is stabilized.\n\n(ii)  Disturbed surfaces.  Any owners/operators of an urban or suburban open area or vacant lot of which any portion has a disturbed surface area(s) that remain(s) unoccupied, unused, vacant or undeveloped for more than fifteen (15) calendar days shall implement one of the following RACM within sixty (60) calendar days following the disturbance.\n\n(A) Establish ground cover vegetation on all disturbed surface areas in sufficient quantity to maintain a stabilized surface; or\n\n(B) Apply a dust suppressant(s) to all disturbed surface areas in sufficient quantity and frequency to maintain a stabilized surface; or\n\n(C) Restore to a natural state, i.e. as existing in or produced by nature without cultivation or artificial influence, such that all disturbed surface areas are stabilized; or\n\n(D) Apply and maintain surface gravel uniformly such that all disturbed surface areas are stabilized; or\n\n(E) Apply and maintain an alternative control measure such that the surface is stabilized, provided that the alternative measure is not prohibited under paragraph (b)(2) or (b)(4) of this section.\n\n(iii)  Motor vehicle disturbances.  Any owners/operators of an urban or suburban open area or vacant lot of which any portion has a disturbed surface area due to motor vehicle or off-road motor vehicle use or parking, notwithstanding weed abatement operations or use or parking by the owner(s), shall implement one of the following RACM within 60 calendar days following the initial determination of disturbance.\n\n(A) Prevent motor vehicle and off-road motor vehicle trespass/ parking by applying fencing, shrubs, trees, barriers or other effective measures; or\n\n(B) Apply and maintain surface gravel or chemical/organic stabilizer uniformly such that all disturbed surface areas are stabilized.\n\n(5)  Implementation date of RACM.  All of the requirements in paragraph (d) of this section shall be effective eight (8) months from September 2, 1998. For requirements in paragraph (d)(4)(ii) and (d)(4)(iii) of this section, RACM shall be implemented within eight (8) months from September 2, 1998, or within 60 calendar days following the disturbance, whichever is later.\n\n(e)  Monitoring and records.  (1) Any owners/operators that are subject to the provisions of this section shall compile and retain records that provide evidence of control measure application, indicating the type of treatment or measure, extent of coverage and date applied. For control measures involving chemical/organic stabilization, records shall also indicate the type of product applied, vendor name, label instructions for approved usage, and the method, frequency, concentration and quantity of application.\n\n(2) Copies of control measure records and dust control plans along with supporting documentation shall be retained for at least three years.\n\n(3)  Agency surveys.  (i) EPA or other appropriate entity shall conduct a survey of the number and size (or length) of unpaved roads, unpaved parking lots, and vacant lots subject to the provisions of this section located within the Phoenix PM-10 nonattainment area beginning no later than 365 days from September 2, 1998.\n\n(ii) EPA or other appropriate entity shall conduct a survey at least every three years within the Phoenix PM-10 nonattainment area beginning no later than 365 days from September 2, 1998, which includes:\n\n(A) An estimate of the percentage of unpaved roads, unpaved parking lots, and vacant lots subject to this section to which RACM as required in this section have been applied; and\n\n(B) A description of the most frequently applied RACM and estimates of their control effectiveness.\n\nAppendix A to \u00a7 52.128\u2014Test Methods To Determine Whether A Surface Is Stabilized\n \n I. Unpaved Roads and Unpaved Parking Lots\n \n A. Opacity Observations\n \n Conduct opacity observations in accordance with Reference Method 9 (40 CFR Part 60, appendix A) and Methods 203A and 203C of this appendix, with opacity readings taken at five second observation intervals and two consecutive readings per plume beginning with the first reading at zero seconds, in accordance with Method 203C, sections 2.3.2. and 2.4.2 of this appendix. Conduct visible opacity tests only on dry unpaved surfaces (i.e. when the surface is not damp to the touch) and on days when average wind speeds do not exceed 15 miles per hour (mph).\n \n (i) Method 203A\u2014Visual Determination of Opacity of Emissions From Stationary Sources for Time-Arranged Regulations\n \n Method 203A is virtually identical to EPA's Method 9 (40 CFR Part 60 Appendix A) except for the data-reduction procedures, which provide for averaging times other than 6 minutes. That is, using Method 203A with a 6-minute averaging time would be the same as following EPA Method 9 (40 CFR Part 60, Appendix A). Additionally, Method 203A provides procedures for fugitive dust applications. The certification procedures provided in section 3 are virtually identical to Method 9 (40 CFR Part 60, Appendix A) and are provided here, in full, for clarity and convenience.\n \n 1. Applicability and Principle\n \n 1.1 Applicability. This method is applicable for the determination of the opacity of emissions from sources of visible emissions for time-averaged regulations. A time-averaged regulation is any regulation that requires averaging visible emission data to determine the opacity of visible emissions over a specific time period.\n \n 1.2 Principle. The opacity of emissions from sources of visible emissions is determined visually by an observer qualified according to the procedures of section 3.\n \n 2. Procedures\n \n An observer qualified in accordance with section 3 of this method shall use the following procedures for visually determining the opacity of emissions.\n \n 2.1 Procedures for Emissions from Stationary Sources. These procedures are not applicable to this section.\n \n 2.2 Procedures for Fugitive Process Dust Emissions. These procedures are applicable for the determination of the opacity of fugitive emissions by a qualified observer. The qualified field observer should do the following:\n \n 2.2.1 Position. Stand at a position at least 5 meters from the fugitive dust source in order to provide a clear view of the emissions with the sun oriented in the 140-degree sector to the back. Consistent as much as possible with maintaining the above requirements, make opacity observations from a position such that the line of vision is approximately perpendicular to the plume and wind direction. As much as possible, if multiple plumes are involved, do not include more than one plume in the line of sight at one time.\n \n 2.2.2 Field Records. Record the name of the plant or site, fugitive source location, source type [pile, stack industrial process unit, incinerator, open burning operation activity, material handling (transfer, loading, sorting, etc.)], method of control used, if any, observer's name, certification data and affiliation, and a sketch of the observer's position relative to the fugitive source. Also, record the time, estimated distance to the fugitive source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position relative to the fugitive source, and color of the plume and type of background on the visible emission observation form when opacity readings are initiated and completed.\n \n 2.2.3 Observations. Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. For roads, storage piles, and parking lots, make opacity observations approximately 1 meter above the surface from which the plume is generated. For other fugitive sources, make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. For intermittent sources, the initial observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume momentarily at 15-second intervals.\n \n 2.3 Recording Observations. Record the opacity observations to the nearest 5 percent every 15 seconds on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a 15-second period.\n \n 2.4 Data Reduction for Time-Averaged Regulations. A set of observations is composed of an appropriate number of consecutive observations determined by the averaging time specified. Divide the recorded observations into sets of appropriate time lengths for the specified averaging time. Sets must consist of consecutive observations; however, observations immediately preceding and following interrupted observations shall be deemed consecutive. Sets need not be consecutive in time and in no case shall two sets overlap, resulting in multiple violations. For each set of observations, calculate the appropriate average opacity.\n \n 3. Qualification and Testing\n \n 3.1 Certification Requirements. To receive certification as a qualified observer, a candidate must be tested and demonstrate the ability to assign opacity readings in 5 percent increments to 25 different black plumes and 25 different white plumes, with an error not to exceed 15 percent opacity on any one reading and an average error not to exceed 7.5 percent opacity in each category. Candidates shall be tested according to the procedures described in paragraph 3.2. Any smoke generator used pursuant to paragraph 3.2 shall be equipped with a smoke meter which meets the requirements of paragraph 3.3. Certification tests that do not meet the requirements of paragraphs 3.2 and 3.3 are not valid.\n \n The certification shall be valid for a period of 6 months, and after each 6-month period, the qualification procedures must be repeated by an observer in order to retain certification.\n \n 3.2 Certification Procedure. The certification test consists of showing the candidate a complete run of 50 plumes, 25 black plumes and 25 white plumes, generated by a smoke generator. Plumes shall be presented in random order within each set of 25 black and 25 white plumes. The candidate assigns an opacity value to each plume and records the observation on a suitable form. At the completion of each run of 50 readings, the score of the candidate is determined. If a candidate fails to qualify, the complete run of 50 readings must be repeated in any retest. The smoke test may be administered as part of a smoke school or training program, and may be preceded by training or familiarization runs of the smoke generator during which candidates are shown black and white plumes of known opacity.\n \n 3.3 Smoke Generator Specifications. Any smoke generator used for the purpose of paragraph 3.2 shall be equipped with a smoke meter installed to measure opacity across the diameter of the smoke generator stack. The smoke meter output shall display in-stack opacity, based upon a path length equal to the stack exit diameter on a full 0 to 100 percent chart recorder scale. The smoke meter optical design and performance shall meet the specifications shown in Table A. The smoke meter shall be calibrated as prescribed in paragraph 3.3.1 prior to conducting each smoke reading test. At the completion of each test, the zero and span drift, shall be checked, and if the drift exceeds \u00b11 percent opacity, the condition shall be corrected prior to conducting any subsequent test runs. The smoke meter shall be demonstrated at the time of installation to meet the specifications listed in Table A. This demonstration shall be repeated following any subsequent repair or replacement of the photocell or associated electronic circuitry including the chart recorder or output meter, or every 6 months, whichever occurs first.\n \n 3.3.1 Calibration. The smoke meter is calibrated after allowing a minimum of 30 minutes warm-up by alternately producing simulated opacity of 0 percent and 100 percent. When stable response at 0 percent or 100 percent is noted, the smoke meter is adjusted to produce an output of 0 percent or 100 percent, as appropriate. This calibration shall be repeated until stable 0 percent and 100 percent readings are produced without adjustment. Simulated 0 percent and 100 percent opacity values may be produced by alternately switching the power to the light source on and off while the smoke generator is not producing smoke.\n \n 3.3.2 Smoke Meter Evaluation. The smoke meter design and performance are to be evaluated as follows:\n \n 3.3.2.1 Light Source. Verify from manufacturer's data and from voltage measurements made at the lamp, as installed, that the lamp is operated within \u00b15 percent of the nominal rated voltage.\n \n 3.3.2.2 Spectral Response of Photocell. Verify from manufacturer's data that the photocell has a photopic response; i.e., the spectral sensitivity of the cell shall closely approximate the standard spectral-luminosity curve for photopic vision which is referenced in (b) of Table A.\n \n 3.3.2.3 Angle of View. Check construction geometry to ensure that the total angle of view of the smoke plume, as seen by the photocell, does not exceed 15 degrees. Calculate the total angle of view as follows: \n \n \u03c6 v  = 2 tan \u22121  d/2L\n \n Where: \n \n \u03c6 v  = total angle of view;\n \n d = the photocell diameter + the diameter of the limiting aperture; and\n \n L = distance from the photocell to the limiting aperture.\n \n The limiting aperture is the point in the path between the photocell and the smoke plume where the angle of view is most restricted. In smoke generator smoke meters, this is normally an orifice plate.\n \n 3.3.2.4 Angle of Projection. Check construction geometry to ensure that the total angle of projection of the lamp on the smoke plume does not exceed 15 degrees. Calculate the total angle of projection as follows: \n \n \u03c6 p  = 2 tan \u22121  d/2L\n \n Where: \n \n \u03c6 p  = total angle of projection;\n \n d = the sum of the length of the lamp filament + the diameter of the limiting aperture; and\n \n L = the distance from the lamp to the limiting aperture. \n \n 3.3.2.5 Calibration Error. Using neutral-density filters of known opacity, check the error between the actual response and the theoretical linear response of the smoke meter. This check is accomplished by first calibrating the smoke meter according to 3.3.1 and then inserting a series of three neutral-density filters of nominal opacity of 20, 50, and 75 percent in the smoke meter path length. Use filters calibrated within \u00b12 percent. Care should be taken when inserting the filters to prevent stray light from affecting the meter. Make a total of five nonconsecutive readings for each filter. The maximum opacity error on any one reading shall be \u00b13 percent.\n \n 3.3.2.6 Zero and Span Drift. Determine the zero and span drift by calibrating and operating the smoke generator in a normal manner over a 1-hour period. The drift is measured by checking the zero and span at the end of this period.\n \n 3.3.2.7 Response Time. Determine the response time by producing the series of five simulated 0 percent and 100 percent opacity values and observing the time required to reach stable response. Opacity values of 0 percent and 100 percent may be simulated by alternately switching the power to the light source off and on while the smoke generator is not operating.\n \n 4. References\n \n 1. U.S. Environmental Protection Agency. Standards of Performance for New Stationary Sources; appendix A; Method 9 for Visual Determination of the Opacity of Emissions from Stationary Sources. Final Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office. November 12, 1974.\n \n 2. Office of Air and Radiation. \u201cQuality Assurance Guideline for Visible Emission Training Programs.\u201d EPA-600/S4-83-011. Quality Assurance Division. Research Triangle Park, N.C. May 1982.\n \n 3. \u201cMethod 9\u2014Visible Determination of the Opacity of Emissions from Stationary Sources.\u201d February 1984. Quality Assurance Handbook for Air Pollution Measurement Systems. Volume III, section 3.1.2. Stationary Source Specific Methods. EPA-600-4-77-027b. August 1977. Office of Research and Development Publications, 26 West Clair Street, Cincinnati, OH.\n \n 4. Office of Air Quality Planning and Standards. \u201cOpacity Error for Averaging and Nonaveraging Data Reduction and Reporting Techniques.\u201d Final Report-SR-1-6-85. Emission Measurement Branch, Research Triangle Park, N.C. June 1985.\n \n 5. The U.S. Environmental Protection Agency. Preparation, Adoption, and Submittal of State Implementation Plans. Methods for Measurement of PM 10  Emissions from Stationary Sources. Final Rule.  Federal Register.  Washington, DC. U.S. Government Printing Office. Volumes 55. No. 74. pps. 14246-14279. April 17, 1990.\n \n (ii) Method 203C\u2014Visual Determination of Opacity of Emissions From Stationary Sources for Instantaneous Limitation Regulations\n \n Method 203C is virtually identical to EPA's Method 9 (40 CFR Part 60, Appendix A), except for the data-reduction procedures which have been modified for application to instantaneous limitation regulations. Additionally, Method 203C provides procedures for fugitive dust applications which were unavailable when Method 9 was promulgated. The certification procedures in section 3 are identical to Method 9. These certification procedures are provided in Method 203A as well, and, therefore, have not been repeated in this method.\n \n 1. Applicability and Principle\n \n 1.1 Applicability. This method is applicable for the determination of the opacity of emissions from sources of visible emissions for instantaneous limitations. An instantaneous limitation regulation is an opacity limit which is never to be exceeded.\n \n 1.2 Principle. The opacity of emissions from sources of visible emissions is determined visually by a qualified observer.\n \n 2. Procedures\n \n The observer qualified in accordance with section 3 of this method shall use the following procedures for visually determining the opacity of emissions.\n \n 2.1 Procedures for Emissions From Stationary Sources. Same as 2.1, Method 203A.\n \n 2.1.1 Position. Same as 2.1.1, Method 203A.\n \n 2.1.2 Field Records. Same as 2.1.2, Method 203A.\n \n 2.1.3 Observations. Make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present.\n \n Do not look continuously at the plume. Instead, observe the plume momentarily at the interval specified in the subject regulation. Unless otherwise specified, a 15-second observation interval is assumed.\n \n 2.1.3.1 Attached Steam Plumes. Same as 2.1.3.1, Method 203A.\n \n 2.1.3.2 Detached Steam Plumes. Same as 2.1.3.2, Method 203A.\n \n 2.2 Procedures for Fugitive Process Dust Emissions.\n \n 2.2.1 Position. Same as section 2.2.1, Method 203A.\n \n 2.2.2 Field Records. Same as section 2.2.2, Method 203A.\n \n 2.2.3 Observations.\n \n 2.2.3.1 Observations for a 15-second Observation Interval Regulations. Same as section 2.2.3, Method 203A.\n \n 2.2.3.2 Observations for a 5-second Observation Interval Regulations. Same as section 2.2.3, Method 203A, except, observe the plume momentarily at 5-second intervals.\n \n 2.3 Recording Observations. Record opacity observations to the nearest 5 percent at the prescribed interval on an observational record sheet. Each momentary observation recorded represents the average of emissions for the prescribed period. If a 5-second observation period is not specified in the applicable regulation, a 15-second interval is assumed. The overall time for which recordings are made shall be of a length appropriate to the regulation for which opacity is being measured.\n \n 2.3.1 Recording Observations for 15-second Observation Interval Regulations. Record opacity observations to the nearest 5 percent at 15-second intervals on an observational record sheet. Each momentary observation recorded represents the average of emissions for a 15-second period.\n \n 2.3.2 Recording Observations for 5-second Observation Interval Regulations. Record opacity observations to the nearest 5 percent at 5-second intervals on an observational record sheet. Each momentary observation recorded represents the average of emissions for 5-second period.\n \n 2.4 Data Reduction for Instantaneous Limitation Regulations. For an instantaneous limitation regulation, a 1-minute averaging time will be used. Divide the observations recorded on the record sheet into sets of consecutive observations. A set is composed of the consecutive observations made in 1 minute. Sets need not be consecutive in time, and in no case shall two sets overlap. Reduce opacity observations by dividing the sum of all observations recorded in a set by the number of observations recorded in each set.\n \n 2.4.1 Data Reduction for 15-second Observation Intervals. Reduce opacity observations by averaging four consecutive observations recorded at 15-second intervals. Divide the observations recorded on the record sheet into sets of four consecutive observations. For each set of four observations, calculate the average by summing the opacity of the four observations and dividing this sum by four.\n \n 2.4.2 Data Reduction for 5-second Observation Intervals. Reduce opacity observations by averaging 12 consecutive observations recorded at 5-second intervals. Divide the observations recorded on the record sheet into sets of 12 consecutive observations. For each set of 12 observations, calculate the average by summing the opacity of the 12 observations and dividing this sum by 12.\n \n 3. Qualification and Test\n \n Same as section 3, Method 203A.\n \n TABLE A\u2014Smoke Meter Design and Performance Specifications\n Parameter\n Specification\n a. Light Source Incandescent lamp operated at nominal rated voltage.\n b. Spectral response of photocell Photopic (daylight spectral response of the human eye\u2014Reference 4.1 of section 4.)\n c. Angle of view 15 degrees maximum total angle\n d. Angle of projection 15 degrees maximum total angle.\n e. Calibration error \u00b13 percent opacity, maximum.\n f. Zero and span drift \u00b11 percent opacity, 30 minutes.\n g. Response time \u22645 seconds. \n B. Silt Content\n \n Conduct the following test method to determine the silt loading and silt content of unpaved road and unpaved parking lot surfaces.\n \n (i) Collect a sample of loose surface material from an area 30 cm by 30 cm (1 foot by 1 foot) in size to a depth of approximately 1 cm or until a hard subsurface is reached, whichever occurs first. Use a brush and dustpan or other similar device. Collect the sample from a routinely-traveled portion of the surface which receives a preponderance of vehicle traffic, i.e. as commonly evidenced by tire tracks. Conduct sweeping slowly so that fine surface material is not released into the air. Only collect samples from surfaces that are not wet or damp due to precipitation or dew.\n \n (ii) Obtain a shallow, lightweight container and a scale with readings in half ounce increments or less. Place the scale on a level surface and zero it with the weight of the empty container. Transfer the entire sample collected to the container, minimizing escape of particles into the air. Weigh the sample and record its weight.\n \n (iii) Obtain and stack a set of sieves with the following openings: 4 mm, 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order according to size openings beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Pour the entire sample into the top sieve, minimizing escape of particles into the air by positioning the sieve/collector pan unit in an enclosed or wind barricaded area. Cover the sieve/collector pan unit with a lid. Shake the covered sieve/collector pan unit vigorously for a period of at least one (1) minute in both the horizontal and vertical planes. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for a complete separation of material in order to ensure that all material has been sifted to the finest sieve through which it can pass. If not, reassemble and cover the sieve/collector pan unit and shake it for period of at least one (1) minute. After disassembling the sieve/collector pan unit, transfer the material which is captured in the collector pan into the lightweight container originally used to collect and weigh the sample. Minimize escape of particles into the air when transferring the material into the container. Weigh the container with the material from the collector pan and record its weight. Multiply the resulting weight by 0.38 if the source is an unpaved road or by 0.55 if the source is an unpaved parking lot to estimate silt loading. Divide by the total sample weight and multiply by 100 to arrive at the percent silt content.\n \n (iv) As an alternative to conducting the procedure described above in section I.B.(ii) and section I.B.(iii) of this appendix, the sample (collected according to section I.B.(i) of this appendix) may be taken to an independent testing laboratory or engineering facility for silt loading ( e.g.  net weight <200 mesh) and silt content analysis according to the following test method from \u201cProcedures For Laboratory Analysis Of Surface/Bulk Dust Loading Samples\u201d, (Fifth Edition, Volume I, Appendix C.2.3 \u201cSilt Analysis\u201d, 1995), AP-42, Office of Air Quality Planning & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina.\n \n 1. Objective\u2014Several open dust emission factors have been found to be correlated with the silt content(<200 mesh) of the material being disturbed. The basic procedure for silt content determination is mechanical, dry sieving. For sources other than paved roads, the same sample which was oven-dried to determine moisture content is then mechanically sieved.\n \n 2.1 Procedure\u2014Select the appropriate 20-cm (8-in.) diameter, 5-cm (2-in.) deep sieve sizes.\n \n Recommended U. S. Standard Series sizes are \n 3/8  in., No. 4, No. 40, No. 100, No. 140, No. 200, and a pan. Comparable Tyler Series sizes can also be used. The No. 20 and the No. 200 are mandatory. The others can be varied if the recommended sieves are not available, or if buildup on 1 particulate sieve during sieving indicates that an intermediate sieve should be inserted.\n \n 2.2 Obtain a mechanical sieving device, such as a vibratory shaker or a Roto-Tap  \u03b4  \n 1 \n   without the tapping function.\n \n \n \n 1  CFR part 60, App. A, Meth. 5, 2.1.2, footnote 2. \n 2.3 Clean the sieves with compressed air and/or a soft brush. Any material lodged in the sieve openings or adhering to the sides of the sieve should be removed, without handling the screen roughly, if possible.\n \n 2.4 Obtain a scale (capacity of at least 1600 grams [g] or 3.5 lb) and record make, capacity, smallest division, date of last calibration, and accuracy. (See Figure A)\n \n 2.5 Weigh the sieves and pan to determine tare weights. Check the zero before every weighing. Record the weights.\n \n 2.6 After nesting the sieves in decreasing order of size, and with pan at the bottom, dump dried laboratory sample (preferably immediately after moisture analysis) into the top sieve. The sample should weigh between \u00a2 400 and 1600 g (\u00a2 0.9 and 3.5 lb). This amount will vary for finely textured materials, and 100 to 300 g may be sufficient when 90% of the sample passes a No. 8 (2.36 mm) sieve. Brush any fine material adhering to the sides of the container into the top sieve and cover the top sieve with a special lid normally purchased with the pan.\n \n 2.7 Place nested sieves into the mechanical sieving device and sieve for 10 minutes (min). Remove pan containing minus No. 200 and weigh. Repeat the sieving at 10-min intervals until the difference between 2 successive pan sample weighings (with the pan tare weight subtracted) is less than 3.0%. Do not sieve longer than 40 min.\n \n 2.8 Weigh each sieve and its contents and record the weight. Check the zero before every weighing.\n \n 2.9 Collect the laboratory sample. Place the sample in a separate container if further analysis is expected.\n \n 2.10 Calculate the percent of mass less than the 200 mesh screen (75 micrometers [\u00b5m]). This is the silt content.\n \n Figure A. Example silt analysis form.\n \n Silt Analysis\n \n Dated: __________\n \n By: ________________________\n \n Sample No: ________ Sample Weight (after drying)\n \n Material: ________\n \n Pan + Sample: ____________\n \n Pan: ____________\n \n Split Sample Balance: ____________\n \n Dry Sample: ______________\n \n Make ____________ Capacity: ____________\n \n Smallest Division ________\n \n Final Weight ____________\n \n % Silt = [Net Weight <200 Mesh] \u00f7 [Total Net Weight \u00d7 100] =____%\n \n Sieving\n Time: Start:\n Weight (Pan Only)\n Initial (Tare):\n  10 min:\n  20 min:\n  30 min:\n  40 min:  \n Screen\n Tare weight (screen)\n Final weight (screen + sample)\n Net weight (sample)\n %\n \n 3/8  in\n     4 mesh\n     10 mesh\n     20 mesh\n     40 mesh\n     100 mesh\n     140 mesh\n     200 mesh\n     Pan     \n (v) The silt loading and percent silt content for any given unpaved road surface or unpaved parking lot surface shall be based on the average of at least three (3) samples that are representative of routinely-traveled portions of the road or parking lot surface. In order to simplify the sieve test procedures in section I.B.(ii) and section I.B.(iii) of this appendix, the three samples may be combined as long as all material is sifted to the finest sieve through which it can pass, each sample weighs within 1 ounce of the other two samples, and the combined weight of the samples and unit area from which they were collected is calculated and recorded accurately.\n \n II. Vacant Lots\n \n The following test methods shall be used for determining whether a vacant lot, or portion thereof, has a stabilized surface.\n \n Should a disturbed vacant lot contain more than one type of disturbance, soil, vegetation or other characteristics which are visibly distinguishable, test each representative surface for stability separately in random areas according to the test methods in section II. of this appendix and include or eliminate it from the total size assessment of disturbed surface area(s) depending upon test method results. A vacant lot surface shall be considered stabilized if any of the test methods in section II. of this appendix indicate that the surface is stabilized such that the conditions defined in paragraph (b)(16)(ii) of this section are met:\n \n 1. Visible Crust Determination\n \n (i) Where a visible crust exists, drop a steel ball with a diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17 grams from a distance of 30 centimeters (one foot) directly above (at a 90 degree angle perpendicular to) the soil surface. If blowsand is present, clear the blowsand from the surfaces on which the visible crust test method is conducted. Blowsand is defined as thin deposits of loose uncombined grains covering less than 50 percent of a vacant lot which have not originated from the representative vacant lot surface being tested. If material covers a visible crust which is not blowsand, apply the test method in section II.2 of this appendix to the loose material to determine whether the surface is stabilized.\n \n (ii) A sufficient crust is defined under the following conditions: once a ball has been dropped according to section II.1.(i) of this appendix, the ball does not sink into the surface so that it is partially or fully surrounded by loose grains and, upon removing the ball, the surface upon which it fell has not been pulverized so that loose grains are visible.\n \n (iii) Conduct three tests, dropping the ball once per test, within a survey area the size of one foot by one foot. The survey area shall be considered sufficiently crusted if at least two out of three tests meet the definition in section II.1.(ii) of this appendix. Select at least two other survey areas that represent the disturbed surface area and repeat this procedure. Whether a sufficient crust covers the disturbed surface area shall be based on a determination that all of the survey areas tested are sufficiently crusted.\n \n (iv) At any given site, the existence of a sufficient crust covering one portion of a disturbed surface may not represent the existence or protectiveness of a crust on another disturbed surface(s). Repeat the visible crust test as often as necessary on each representative disturbed surface area for an accurate assessment of all disturbed surfaces at a given site.\n \n 2. Determination of Threshold Friction Velocity (TFV)\n \n For disturbed surface areas that are not crusted or vegetated, determine threshold friction velocity (TFV) according to the following sieving field procedure (based on a 1952 laboratory procedure published by W. S. Chepil).\n \n (i) Obtain and stack a set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order according to size openings beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of loose surface material from an area at least 30 cm by 30 cm in size to a depth of approximately 1 cm using a brush and dustpan or other similar device. Only collect soil samples from dry surfaces (i.e. when the surface is not damp to the touch). Remove any rocks larger than 1 cm in diameter from the sample. Pour the sample into the top sieve (4 mm opening) and cover the sieve/collector pan unit with a lid. Minimize escape of particles into the air when transferring surface soil into the sieve/collector pan unit. Move the covered sieve/collector pan unit by hand using a broad, circular arm motion in the horizontal plane. Complete twenty circular arm movements, ten clockwise and ten counterclockwise, at a speed just necessary to achieve some relative horizontal motion between the sieves and the particles. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for loose particles. If loose particles have not been sifted to the finest sieve through which they can pass, reassemble and cover the sieve/collector pan unit and gently rotate it an additional ten times. After disassembling the sieve/collector pan unit, slightly tilt and gently tap each sieve and the collector pan so that material aligns along one side. In doing so, minimize escape of particles into the air. Line up the sieves and collector pan in a row and visibly inspect the relative quantities of catch in order to determine which sieve (or whether the collector pan) contains the greatest volume of material. If a visual determination of relative volumes of catch among sieves is difficult, use a graduated cylinder to measure the volume. Estimate TFV for the sieve catch with the greatest volume using Table 1, which provides a correlation between sieve opening size and TFV.\n \n Table 1 (Metric Units)\u2014Determination of Threshold Friction Velocity (TFV)\n Tyler Sieve No.\n Opening (mm)\n TFV (cm/s)\n 5 4 >100\n 10 2 100\n 18 1 76\n 35 0.5 58\n 60 0.25 43\n Collector Pan  30 \n Collect at least three (3) soil samples which are representative of the disturbed surface area, repeat the above TFV test method for each sample and average the resulting TFVs together to determine the TFV uncorrected for non-erodible elements.\n \n (ii) Non-erodible elements are distinct elements on the disturbed surface area that are larger than one (1) cm in diameter, remain firmly in place during a wind episode and inhibit soil loss by consuming part of the shear stress of the wind. Non-erodible elements include stones and bulk surface material but do not include flat or standing vegetation. For surfaces with non-erodible elements, determine corrections to the TFV by identifying the fraction of the survey area, as viewed from directly overhead, that is occupied by non-erodible elements using the following procedure. Select a survey area of one (1) meter by 1 meter. Where many non-erodible elements lie on the disturbed surface area, separate them into groups according to size. For each group, calculate the overhead area for the non-erodible elements according to the following equations: \n \n (Average length) \u00d7 (Average width) = Average Dimensions   Eq. 1  \n \n (Average Dimensions) \u00d7 (Number of Elements) = Overhead Area   Eq. 2  \n \n Overhead Area of Group 1 + Overhead Area of Group 2 (etc.) = Total Overhead Area   Eq. 3  \n \n Total Overhead Area/2 = Total Frontal Area  Eq. 4  \n \n (Total Frontal Area/Survey Area) \u00d7 100 = Percent Cover of Non-erodible Elements   Eq. 5  \n \n (Ensure consistent units of measurement, e.g. square meters or square inches when calculating percent cover.) \n \n Repeat this procedure on an additional two (2) distinct survey areas representing a disturbed surface and average the results. Use Table 2 to identify the correction factor for the percent cover of non-erodible elements. Multiply the TFV by the corresponding correction factor to calculate the TFV corrected for non-erodible elements.\n \n Table 2\u2014Correction Factors for Threshold Friction Velocity\n Percent cover of non-erodible elements\n Correction factor\n \u226510% 5\n \u22655% and <10% 3\n <5% and \u22651% 2\n <1% None. \n 3. Determination of Flat Vegetation Cover\n \n Flat vegetation includes attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind. Flat vegetation which is dead but firmly attached shall be considered equally protective as live vegetation. Stones or other aggregate larger than one centimeter in diameter shall be considered protective cover in the course of conducting the line transect method. Where flat vegetation exists, conduct the following line transect method.\n \n (i) Stretch a one-hundred (100) foot measuring tape across a disturbed surface area. Firmly anchor both ends of the measuring tape into the surface using a tool such as a screwdriver with the tape stretched taut and close to the soil surface. If vegetation exists in regular rows, place the tape diagonally (at approximately a 45 degree angle) away from a parallel or perpendicular position to the vegetated rows. Pinpoint an area the size of a \n 3/32  inch diameter brazing rod or wooden dowel centered above each one-foot interval mark along one edge of the tape. Count the number of times that flat vegetation lies directly underneath the pinpointed area at one-foot intervals. Consistently observe the underlying surface from a 90 degree angle directly above each pinpoint on one side of the tape. Do not count the underlying surface as vegetated if any portion of the pinpoint extends beyond the edge of the vegetation underneath in any direction. If clumps of vegetation or vegetative debris lie underneath the pinpointed area, count the surface as vegetated unless bare soil is visible directly below the pinpointed area. When 100 observations have been made, add together the number of times a surface was counted as vegetated. This total represents the percent of flat vegetation cover (e.g. if 35 positive counts were made, then vegetation cover is 35 percent). If the disturbed surface area is too small for 100 observations, make as many observations as possible. Then multiply the count of vegetated surface areas by the appropriate conversion factor to obtain percent cover. For example, if vegetation was counted 20 times within a total of 50 observations, divide 20 by 50 and multiply by 100 to obtain a flat vegetation cover of 40 percent.\n \n (ii) Conduct the above line transect test method an additional two (2) times on areas representative of the disturbed surface and average results.\n \n 4. Determination of Standing Vegetation Cover\n \n Standing vegetation includes vegetation that is attached (rooted) with a predominant vertical orientation. Standing vegetation which is dead but firmly rooted shall be considered equally protective as live vegetation. Conduct the following standing vegetation test method to determine if 30 percent cover or more exists. If the resulting percent cover is less than 30 percent but equal to or greater than 10 percent, then conduct the Threshold Friction Velocity test in section II.2 of this appendix in order to determine whether the disturbed surface area is stabilized according to paragraph (b)(16)(ii)(E) of this section.\n \n (i) For standing vegetation that consists of large, separate vegetative structures (for example, shrubs and sagebrush), select a survey area representing the disturbed surface that is the shape of a square with sides equal to at least ten (10) times the average height of the vegetative structures. For smaller standing vegetation, select a survey area of three (3) feet by 3 feet.\n \n (ii) Count the number of standing vegetative structures within the survey area. Count vegetation which grows in clumps as a single unit. Where different types of vegetation exists and/or vegetation of different height and width exists, separate the vegetative structures with similar dimensions into groups. Count the number of vegetative structures in each group within the survey area. Select an individual structure within each group that represents the average height and width of the vegetation in the group. If the structure is dense (i.e. when looking at it vertically from base to top there is little or zero open air space within its perimeter), calculate and record its frontal silhouette area according to Equation 6 of this appendix. Also use Equation 6 if the survey area is larger than nine square feet, estimating the average height and width of the vegetation. Otherwise, use the procedure in section II.4.(iii) of this appendix to calculate the Frontal Silhouette Area. Then calculate the percent cover of standing vegetation according to Equations 7, 8 and 9 of this appendix. (Ensure consistent units of measurement, e.g. square feet or square inches when calculating percent cover.)\n \n (iii) Vegetative Density Factor. Cut a single, representative piece of vegetation (or consolidated vegetative structure) to within 1 cm of surface soil. Using a white paper grid or transparent grid over white paper, lay the vegetation flat on top of the grid (but do not apply pressure to flatten the structure). Grid boxes of one inch or one half inch squares are sufficient for most vegetation when conducting this procedure. Using a marker or pencil, outline the shape of the vegetation along its outer perimeter according to Figure B, C or D of this appendix, as appropriate. ( Note:  Figure C differs from Figure D primarily in that the width of vegetation in Figure C is narrow at its base and gradually broadens to its tallest height. In Figure D, the width of the vegetation generally becomes narrower from its midpoint to its tallest height.) Remove the vegetation and count and record the total number of gridline intersections within the outlined area, but do not count gridline intersections that connect with the outlined shape. There must be at least 10 gridline intersections within the outlined area and preferably more than 20, otherwise, use smaller grid boxes. Draw small circles (no greater than a \n 3/32  inch diameter) at each gridline intersection counted within the outlined area. Replace the vegetation on the grid within its outlined shape. From a distance of approximately two feet directly above the grid, observe each circled gridline intersection. Count and record the number of circled gridline intersections that are not covered by any piece of the vegetation. To calculate percent vegetative density, use Equations 10 and 11 of this appendix. If percent vegetative density is equal to or greater than 30, use the equation (Eq. 14, 15 or 16) that matches the outline used to trace the vegetation (Figure B, C or D) to calculate its Frontal Silhouette Area. If percent vegetative density is less than 30, use Equations 12 and 13 of this appendix to calculate the Frontal Silhouette Area.\n \n (iv) Within a disturbed surface area that contains multiple types of vegetation with each vegetation type uniformly distributed, results of the percent cover associated with the individual vegetation types may be added together.\n \n (v) Repeat this procedure on an additional two (2) distinct survey areas representing the disturbed surface and average the results. \n \n Height \u00d7 Width = Frontal Silhouette Area   Eq. 6  \n \n (Frontal Silhouette Area of Individual Vegetative Structure) \u00d7 Number of Vegetation Structures Per Group = Group Frontal Silhouette Area of Group   Eq. 7  \n \n Frontal Silhouette Area of Group 1 + Frontal Silhouette Area of Group 2 (etc.) = Total Frontal Silhouette Area   Eq. 8  \n \n (Total Frontal Silhouette Area/Survey Area) \u00d7 100 = Percent Cover of Standing Vegetation   Eq. 9  \n \n [(Number of circled gridlines within the outlined area counted that are not covered by vegetation / Total number of gridline intersections within the outlined area) \u00d7 100] = Percent Open Space   Eq. 10  \n \n 100 = Percent Open Space = Percent Vegetative Density   Eq. 11  \n \n Percent Vegetative Density/100 = Vegetative Density   Eq. 12  \n \n  \n  \n Alternative Test Methods\n \n Alternative test methods may be used upon obtaining the written approval of the EPA.\n\nConduct opacity observations in accordance with Reference Method 9 (40 CFR Part 60, appendix A) and Methods 203A and 203C of this appendix, with opacity readings taken at five second observation intervals and two consecutive readings per plume beginning with the first reading at zero seconds, in accordance with Method 203C, sections 2.3.2. and 2.4.2 of this appendix. Conduct visible opacity tests only on dry unpaved surfaces (i.e. when the surface is not damp to the touch) and on days when average wind speeds do not exceed 15 miles per hour (mph).\n\nMethod 203A is virtually identical to EPA's Method 9 (40 CFR Part 60 Appendix A) except for the data-reduction procedures, which provide for averaging times other than 6 minutes. That is, using Method 203A with a 6-minute averaging time would be the same as following EPA Method 9 (40 CFR Part 60, Appendix A). Additionally, Method 203A provides procedures for fugitive dust applications. The certification procedures provided in section 3 are virtually identical to Method 9 (40 CFR Part 60, Appendix A) and are provided here, in full, for clarity and convenience.\n\n1.1 Applicability. This method is applicable for the determination of the opacity of emissions from sources of visible emissions for time-averaged regulations. A time-averaged regulation is any regulation that requires averaging visible emission data to determine the opacity of visible emissions over a specific time period.\n\n1.2 Principle. The opacity of emissions from sources of visible emissions is determined visually by an observer qualified according to the procedures of section 3.\n\nAn observer qualified in accordance with section 3 of this method shall use the following procedures for visually determining the opacity of emissions.\n\n2.1 Procedures for Emissions from Stationary Sources. These procedures are not applicable to this section.\n\n2.2 Procedures for Fugitive Process Dust Emissions. These procedures are applicable for the determination of the opacity of fugitive emissions by a qualified observer. The qualified field observer should do the following:\n\n2.2.1 Position. Stand at a position at least 5 meters from the fugitive dust source in order to provide a clear view of the emissions with the sun oriented in the 140-degree sector to the back. Consistent as much as possible with maintaining the above requirements, make opacity observations from a position such that the line of vision is approximately perpendicular to the plume and wind direction. As much as possible, if multiple plumes are involved, do not include more than one plume in the line of sight at one time.\n\n2.2.2 Field Records. Record the name of the plant or site, fugitive source location, source type [pile, stack industrial process unit, incinerator, open burning operation activity, material handling (transfer, loading, sorting, etc.)], method of control used, if any, observer's name, certification data and affiliation, and a sketch of the observer's position relative to the fugitive source. Also, record the time, estimated distance to the fugitive source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position relative to the fugitive source, and color of the plume and type of background on the visible emission observation form when opacity readings are initiated and completed.\n\n2.2.3 Observations. Make opacity observations, to the extent possible, using a contrasting background that is perpendicular to the line of vision. For roads, storage piles, and parking lots, make opacity observations approximately 1 meter above the surface from which the plume is generated. For other fugitive sources, make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present. For intermittent sources, the initial observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume momentarily at 15-second intervals.\n\n2.3 Recording Observations. Record the opacity observations to the nearest 5 percent every 15 seconds on an observational record sheet. Each momentary observation recorded represents the average opacity of emissions for a 15-second period.\n\n2.4 Data Reduction for Time-Averaged Regulations. A set of observations is composed of an appropriate number of consecutive observations determined by the averaging time specified. Divide the recorded observations into sets of appropriate time lengths for the specified averaging time. Sets must consist of consecutive observations; however, observations immediately preceding and following interrupted observations shall be deemed consecutive. Sets need not be consecutive in time and in no case shall two sets overlap, resulting in multiple violations. For each set of observations, calculate the appropriate average opacity.\n\n3.1 Certification Requirements. To receive certification as a qualified observer, a candidate must be tested and demonstrate the ability to assign opacity readings in 5 percent increments to 25 different black plumes and 25 different white plumes, with an error not to exceed 15 percent opacity on any one reading and an average error not to exceed 7.5 percent opacity in each category. Candidates shall be tested according to the procedures described in paragraph 3.2. Any smoke generator used pursuant to paragraph 3.2 shall be equipped with a smoke meter which meets the requirements of paragraph 3.3. Certification tests that do not meet the requirements of paragraphs 3.2 and 3.3 are not valid.\n\nThe certification shall be valid for a period of 6 months, and after each 6-month period, the qualification procedures must be repeated by an observer in order to retain certification.\n\n3.2 Certification Procedure. The certification test consists of showing the candidate a complete run of 50 plumes, 25 black plumes and 25 white plumes, generated by a smoke generator. Plumes shall be presented in random order within each set of 25 black and 25 white plumes. The candidate assigns an opacity value to each plume and records the observation on a suitable form. At the completion of each run of 50 readings, the score of the candidate is determined. If a candidate fails to qualify, the complete run of 50 readings must be repeated in any retest. The smoke test may be administered as part of a smoke school or training program, and may be preceded by training or familiarization runs of the smoke generator during which candidates are shown black and white plumes of known opacity.\n\n3.3 Smoke Generator Specifications. Any smoke generator used for the purpose of paragraph 3.2 shall be equipped with a smoke meter installed to measure opacity across the diameter of the smoke generator stack. The smoke meter output shall display in-stack opacity, based upon a path length equal to the stack exit diameter on a full 0 to 100 percent chart recorder scale. The smoke meter optical design and performance shall meet the specifications shown in Table A. The smoke meter shall be calibrated as prescribed in paragraph 3.3.1 prior to conducting each smoke reading test. At the completion of each test, the zero and span drift, shall be checked, and if the drift exceeds \u00b11 percent opacity, the condition shall be corrected prior to conducting any subsequent test runs. The smoke meter shall be demonstrated at the time of installation to meet the specifications listed in Table A. This demonstration shall be repeated following any subsequent repair or replacement of the photocell or associated electronic circuitry including the chart recorder or output meter, or every 6 months, whichever occurs first.\n\n3.3.1 Calibration. The smoke meter is calibrated after allowing a minimum of 30 minutes warm-up by alternately producing simulated opacity of 0 percent and 100 percent. When stable response at 0 percent or 100 percent is noted, the smoke meter is adjusted to produce an output of 0 percent or 100 percent, as appropriate. This calibration shall be repeated until stable 0 percent and 100 percent readings are produced without adjustment. Simulated 0 percent and 100 percent opacity values may be produced by alternately switching the power to the light source on and off while the smoke generator is not producing smoke.\n\n3.3.2 Smoke Meter Evaluation. The smoke meter design and performance are to be evaluated as follows:\n\n3.3.2.1 Light Source. Verify from manufacturer's data and from voltage measurements made at the lamp, as installed, that the lamp is operated within \u00b15 percent of the nominal rated voltage.\n\n3.3.2.2 Spectral Response of Photocell. Verify from manufacturer's data that the photocell has a photopic response; i.e., the spectral sensitivity of the cell shall closely approximate the standard spectral-luminosity curve for photopic vision which is referenced in (b) of Table A.\n\n3.3.2.3 Angle of View. Check construction geometry to ensure that the total angle of view of the smoke plume, as seen by the photocell, does not exceed 15 degrees. Calculate the total angle of view as follows:\n\n\u03c6 v  = 2 tan \u22121  d/2L\n\nWhere:\n\n\u03c6 v  = total angle of view;\n\nd = the photocell diameter + the diameter of the limiting aperture; and\n\nL = distance from the photocell to the limiting aperture.\n\nThe limiting aperture is the point in the path between the photocell and the smoke plume where the angle of view is most restricted. In smoke generator smoke meters, this is normally an orifice plate.\n\n3.3.2.4 Angle of Projection. Check construction geometry to ensure that the total angle of projection of the lamp on the smoke plume does not exceed 15 degrees. Calculate the total angle of projection as follows:\n\n\u03c6 p  = 2 tan \u22121  d/2L\n\nWhere:\n\n\u03c6 p  = total angle of projection;\n\nd = the sum of the length of the lamp filament + the diameter of the limiting aperture; and\n\nL = the distance from the lamp to the limiting aperture.\n\n3.3.2.5 Calibration Error. Using neutral-density filters of known opacity, check the error between the actual response and the theoretical linear response of the smoke meter. This check is accomplished by first calibrating the smoke meter according to 3.3.1 and then inserting a series of three neutral-density filters of nominal opacity of 20, 50, and 75 percent in the smoke meter path length. Use filters calibrated within \u00b12 percent. Care should be taken when inserting the filters to prevent stray light from affecting the meter. Make a total of five nonconsecutive readings for each filter. The maximum opacity error on any one reading shall be \u00b13 percent.\n\n3.3.2.6 Zero and Span Drift. Determine the zero and span drift by calibrating and operating the smoke generator in a normal manner over a 1-hour period. The drift is measured by checking the zero and span at the end of this period.\n\n3.3.2.7 Response Time. Determine the response time by producing the series of five simulated 0 percent and 100 percent opacity values and observing the time required to reach stable response. Opacity values of 0 percent and 100 percent may be simulated by alternately switching the power to the light source off and on while the smoke generator is not operating.\n\n1. U.S. Environmental Protection Agency. Standards of Performance for New Stationary Sources; appendix A; Method 9 for Visual Determination of the Opacity of Emissions from Stationary Sources. Final Rule. 39 FR 219. Washington, DC. U.S. Government Printing Office. November 12, 1974.\n\n2. Office of Air and Radiation. \u201cQuality Assurance Guideline for Visible Emission Training Programs.\u201d EPA-600/S4-83-011. Quality Assurance Division. Research Triangle Park, N.C. May 1982.\n\n3. \u201cMethod 9\u2014Visible Determination of the Opacity of Emissions from Stationary Sources.\u201d February 1984. Quality Assurance Handbook for Air Pollution Measurement Systems. Volume III, section 3.1.2. Stationary Source Specific Methods. EPA-600-4-77-027b. August 1977. Office of Research and Development Publications, 26 West Clair Street, Cincinnati, OH.\n\n4. Office of Air Quality Planning and Standards. \u201cOpacity Error for Averaging and Nonaveraging Data Reduction and Reporting Techniques.\u201d Final Report-SR-1-6-85. Emission Measurement Branch, Research Triangle Park, N.C. June 1985.\n\n5. The U.S. Environmental Protection Agency. Preparation, Adoption, and Submittal of State Implementation Plans. Methods for Measurement of PM 10  Emissions from Stationary Sources. Final Rule.  Federal Register.  Washington, DC. U.S. Government Printing Office. Volumes 55. No. 74. pps. 14246-14279. April 17, 1990.\n\nMethod 203C is virtually identical to EPA's Method 9 (40 CFR Part 60, Appendix A), except for the data-reduction procedures which have been modified for application to instantaneous limitation regulations. Additionally, Method 203C provides procedures for fugitive dust applications which were unavailable when Method 9 was promulgated. The certification procedures in section 3 are identical to Method 9. These certification procedures are provided in Method 203A as well, and, therefore, have not been repeated in this method.\n\n1.1 Applicability. This method is applicable for the determination of the opacity of emissions from sources of visible emissions for instantaneous limitations. An instantaneous limitation regulation is an opacity limit which is never to be exceeded.\n\n1.2 Principle. The opacity of emissions from sources of visible emissions is determined visually by a qualified observer.\n\nThe observer qualified in accordance with section 3 of this method shall use the following procedures for visually determining the opacity of emissions.\n\n2.1 Procedures for Emissions From Stationary Sources. Same as 2.1, Method 203A.\n\n2.1.1 Position. Same as 2.1.1, Method 203A.\n\n2.1.2 Field Records. Same as 2.1.2, Method 203A.\n\n2.1.3 Observations. Make opacity observations at the point of greatest opacity in that portion of the plume where condensed water vapor is not present.\n\nDo not look continuously at the plume. Instead, observe the plume momentarily at the interval specified in the subject regulation. Unless otherwise specified, a 15-second observation interval is assumed.\n\n2.1.3.1 Attached Steam Plumes. Same as 2.1.3.1, Method 203A.\n\n2.1.3.2 Detached Steam Plumes. Same as 2.1.3.2, Method 203A.\n\n2.2 Procedures for Fugitive Process Dust Emissions.\n\n2.2.1 Position. Same as section 2.2.1, Method 203A.\n\n2.2.2 Field Records. Same as section 2.2.2, Method 203A.\n\n2.2.3 Observations.\n\n2.2.3.1 Observations for a 15-second Observation Interval Regulations. Same as section 2.2.3, Method 203A.\n\n2.2.3.2 Observations for a 5-second Observation Interval Regulations. Same as section 2.2.3, Method 203A, except, observe the plume momentarily at 5-second intervals.\n\n2.3 Recording Observations. Record opacity observations to the nearest 5 percent at the prescribed interval on an observational record sheet. Each momentary observation recorded represents the average of emissions for the prescribed period. If a 5-second observation period is not specified in the applicable regulation, a 15-second interval is assumed. The overall time for which recordings are made shall be of a length appropriate to the regulation for which opacity is being measured.\n\n2.3.1 Recording Observations for 15-second Observation Interval Regulations. Record opacity observations to the nearest 5 percent at 15-second intervals on an observational record sheet. Each momentary observation recorded represents the average of emissions for a 15-second period.\n\n2.3.2 Recording Observations for 5-second Observation Interval Regulations. Record opacity observations to the nearest 5 percent at 5-second intervals on an observational record sheet. Each momentary observation recorded represents the average of emissions for 5-second period.\n\n2.4 Data Reduction for Instantaneous Limitation Regulations. For an instantaneous limitation regulation, a 1-minute averaging time will be used. Divide the observations recorded on the record sheet into sets of consecutive observations. A set is composed of the consecutive observations made in 1 minute. Sets need not be consecutive in time, and in no case shall two sets overlap. Reduce opacity observations by dividing the sum of all observations recorded in a set by the number of observations recorded in each set.\n\n2.4.1 Data Reduction for 15-second Observation Intervals. Reduce opacity observations by averaging four consecutive observations recorded at 15-second intervals. Divide the observations recorded on the record sheet into sets of four consecutive observations. For each set of four observations, calculate the average by summing the opacity of the four observations and dividing this sum by four.\n\n2.4.2 Data Reduction for 5-second Observation Intervals. Reduce opacity observations by averaging 12 consecutive observations recorded at 5-second intervals. Divide the observations recorded on the record sheet into sets of 12 consecutive observations. For each set of 12 observations, calculate the average by summing the opacity of the 12 observations and dividing this sum by 12.\n\nSame as section 3, Method 203A.\n\nTABLE A\u2014Smoke Meter Design and Performance Specifications\n\nConduct the following test method to determine the silt loading and silt content of unpaved road and unpaved parking lot surfaces.\n\n(i) Collect a sample of loose surface material from an area 30 cm by 30 cm (1 foot by 1 foot) in size to a depth of approximately 1 cm or until a hard subsurface is reached, whichever occurs first. Use a brush and dustpan or other similar device. Collect the sample from a routinely-traveled portion of the surface which receives a preponderance of vehicle traffic, i.e. as commonly evidenced by tire tracks. Conduct sweeping slowly so that fine surface material is not released into the air. Only collect samples from surfaces that are not wet or damp due to precipitation or dew.\n\n(ii) Obtain a shallow, lightweight container and a scale with readings in half ounce increments or less. Place the scale on a level surface and zero it with the weight of the empty container. Transfer the entire sample collected to the container, minimizing escape of particles into the air. Weigh the sample and record its weight.\n\n(iii) Obtain and stack a set of sieves with the following openings: 4 mm, 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order according to size openings beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Pour the entire sample into the top sieve, minimizing escape of particles into the air by positioning the sieve/collector pan unit in an enclosed or wind barricaded area. Cover the sieve/collector pan unit with a lid. Shake the covered sieve/collector pan unit vigorously for a period of at least one (1) minute in both the horizontal and vertical planes. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for a complete separation of material in order to ensure that all material has been sifted to the finest sieve through which it can pass. If not, reassemble and cover the sieve/collector pan unit and shake it for period of at least one (1) minute. After disassembling the sieve/collector pan unit, transfer the material which is captured in the collector pan into the lightweight container originally used to collect and weigh the sample. Minimize escape of particles into the air when transferring the material into the container. Weigh the container with the material from the collector pan and record its weight. Multiply the resulting weight by 0.38 if the source is an unpaved road or by 0.55 if the source is an unpaved parking lot to estimate silt loading. Divide by the total sample weight and multiply by 100 to arrive at the percent silt content.\n\n(iv) As an alternative to conducting the procedure described above in section I.B.(ii) and section I.B.(iii) of this appendix, the sample (collected according to section I.B.(i) of this appendix) may be taken to an independent testing laboratory or engineering facility for silt loading ( e.g.  net weight <200 mesh) and silt content analysis according to the following test method from \u201cProcedures For Laboratory Analysis Of Surface/Bulk Dust Loading Samples\u201d, (Fifth Edition, Volume I, Appendix C.2.3 \u201cSilt Analysis\u201d, 1995), AP-42, Office of Air Quality Planning & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina.\n\n1. Objective\u2014Several open dust emission factors have been found to be correlated with the silt content(<200 mesh) of the material being disturbed. The basic procedure for silt content determination is mechanical, dry sieving. For sources other than paved roads, the same sample which was oven-dried to determine moisture content is then mechanically sieved.\n\n2.1 Procedure\u2014Select the appropriate 20-cm (8-in.) diameter, 5-cm (2-in.) deep sieve sizes.\n\nRecommended U. S. Standard Series sizes are \n 3/8  in., No. 4, No. 40, No. 100, No. 140, No. 200, and a pan. Comparable Tyler Series sizes can also be used. The No. 20 and the No. 200 are mandatory. The others can be varied if the recommended sieves are not available, or if buildup on 1 particulate sieve during sieving indicates that an intermediate sieve should be inserted.\n\n2.2 Obtain a mechanical sieving device, such as a vibratory shaker or a Roto-Tap  \u03b4  \n 1 \n   without the tapping function.\n\n1  CFR part 60, App. A, Meth. 5, 2.1.2, footnote 2.\n\n2.3 Clean the sieves with compressed air and/or a soft brush. Any material lodged in the sieve openings or adhering to the sides of the sieve should be removed, without handling the screen roughly, if possible.\n\n2.4 Obtain a scale (capacity of at least 1600 grams [g] or 3.5 lb) and record make, capacity, smallest division, date of last calibration, and accuracy. (See Figure A)\n\n2.5 Weigh the sieves and pan to determine tare weights. Check the zero before every weighing. Record the weights.\n\n2.6 After nesting the sieves in decreasing order of size, and with pan at the bottom, dump dried laboratory sample (preferably immediately after moisture analysis) into the top sieve. The sample should weigh between \u00a2 400 and 1600 g (\u00a2 0.9 and 3.5 lb). This amount will vary for finely textured materials, and 100 to 300 g may be sufficient when 90% of the sample passes a No. 8 (2.36 mm) sieve. Brush any fine material adhering to the sides of the container into the top sieve and cover the top sieve with a special lid normally purchased with the pan.\n\n2.7 Place nested sieves into the mechanical sieving device and sieve for 10 minutes (min). Remove pan containing minus No. 200 and weigh. Repeat the sieving at 10-min intervals until the difference between 2 successive pan sample weighings (with the pan tare weight subtracted) is less than 3.0%. Do not sieve longer than 40 min.\n\n2.8 Weigh each sieve and its contents and record the weight. Check the zero before every weighing.\n\n2.9 Collect the laboratory sample. Place the sample in a separate container if further analysis is expected.\n\n2.10 Calculate the percent of mass less than the 200 mesh screen (75 micrometers [\u00b5m]). This is the silt content.\n\nFigure A. Example silt analysis form.\n\nDated: __________\n\nBy: ________________________\n\nSample No: ________ Sample Weight (after drying)\n\nMaterial: ________\n\nMake ____________ Capacity: ____________\n\nSmallest Division ________\n\nFinal Weight ____________\n\n% Silt = [Net Weight <200 Mesh] \u00f7 [Total Net Weight \u00d7 100] =____%\n\nSieving\n\n(v) The silt loading and percent silt content for any given unpaved road surface or unpaved parking lot surface shall be based on the average of at least three (3) samples that are representative of routinely-traveled portions of the road or parking lot surface. In order to simplify the sieve test procedures in section I.B.(ii) and section I.B.(iii) of this appendix, the three samples may be combined as long as all material is sifted to the finest sieve through which it can pass, each sample weighs within 1 ounce of the other two samples, and the combined weight of the samples and unit area from which they were collected is calculated and recorded accurately.\n\nThe following test methods shall be used for determining whether a vacant lot, or portion thereof, has a stabilized surface.\n\nShould a disturbed vacant lot contain more than one type of disturbance, soil, vegetation or other characteristics which are visibly distinguishable, test each representative surface for stability separately in random areas according to the test methods in section II. of this appendix and include or eliminate it from the total size assessment of disturbed surface area(s) depending upon test method results. A vacant lot surface shall be considered stabilized if any of the test methods in section II. of this appendix indicate that the surface is stabilized such that the conditions defined in paragraph (b)(16)(ii) of this section are met:\n\n(i) Where a visible crust exists, drop a steel ball with a diameter of 15.9 millimeters (0.625 inches) and a mass ranging from 16 to 17 grams from a distance of 30 centimeters (one foot) directly above (at a 90 degree angle perpendicular to) the soil surface. If blowsand is present, clear the blowsand from the surfaces on which the visible crust test method is conducted. Blowsand is defined as thin deposits of loose uncombined grains covering less than 50 percent of a vacant lot which have not originated from the representative vacant lot surface being tested. If material covers a visible crust which is not blowsand, apply the test method in section II.2 of this appendix to the loose material to determine whether the surface is stabilized.\n\n(ii) A sufficient crust is defined under the following conditions: once a ball has been dropped according to section II.1.(i) of this appendix, the ball does not sink into the surface so that it is partially or fully surrounded by loose grains and, upon removing the ball, the surface upon which it fell has not been pulverized so that loose grains are visible.\n\n(iii) Conduct three tests, dropping the ball once per test, within a survey area the size of one foot by one foot. The survey area shall be considered sufficiently crusted if at least two out of three tests meet the definition in section II.1.(ii) of this appendix. Select at least two other survey areas that represent the disturbed surface area and repeat this procedure. Whether a sufficient crust covers the disturbed surface area shall be based on a determination that all of the survey areas tested are sufficiently crusted.\n\n(iv) At any given site, the existence of a sufficient crust covering one portion of a disturbed surface may not represent the existence or protectiveness of a crust on another disturbed surface(s). Repeat the visible crust test as often as necessary on each representative disturbed surface area for an accurate assessment of all disturbed surfaces at a given site.\n\nFor disturbed surface areas that are not crusted or vegetated, determine threshold friction velocity (TFV) according to the following sieving field procedure (based on a 1952 laboratory procedure published by W. S. Chepil).\n\n(i) Obtain and stack a set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm. Place the sieves in order according to size openings beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of loose surface material from an area at least 30 cm by 30 cm in size to a depth of approximately 1 cm using a brush and dustpan or other similar device. Only collect soil samples from dry surfaces (i.e. when the surface is not damp to the touch). Remove any rocks larger than 1 cm in diameter from the sample. Pour the sample into the top sieve (4 mm opening) and cover the sieve/collector pan unit with a lid. Minimize escape of particles into the air when transferring surface soil into the sieve/collector pan unit. Move the covered sieve/collector pan unit by hand using a broad, circular arm motion in the horizontal plane. Complete twenty circular arm movements, ten clockwise and ten counterclockwise, at a speed just necessary to achieve some relative horizontal motion between the sieves and the particles. Remove the lid from the sieve/collector pan unit and disassemble each sieve separately beginning with the largest sieve. As each sieve is removed, examine it for loose particles. If loose particles have not been sifted to the finest sieve through which they can pass, reassemble and cover the sieve/collector pan unit and gently rotate it an additional ten times. After disassembling the sieve/collector pan unit, slightly tilt and gently tap each sieve and the collector pan so that material aligns along one side. In doing so, minimize escape of particles into the air. Line up the sieves and collector pan in a row and visibly inspect the relative quantities of catch in order to determine which sieve (or whether the collector pan) contains the greatest volume of material. If a visual determination of relative volumes of catch among sieves is difficult, use a graduated cylinder to measure the volume. Estimate TFV for the sieve catch with the greatest volume using Table 1, which provides a correlation between sieve opening size and TFV.\n\nTable 1 (Metric Units)\u2014Determination of Threshold Friction Velocity (TFV)\n\nCollect at least three (3) soil samples which are representative of the disturbed surface area, repeat the above TFV test method for each sample and average the resulting TFVs together to determine the TFV uncorrected for non-erodible elements.\n\n(ii) Non-erodible elements are distinct elements on the disturbed surface area that are larger than one (1) cm in diameter, remain firmly in place during a wind episode and inhibit soil loss by consuming part of the shear stress of the wind. Non-erodible elements include stones and bulk surface material but do not include flat or standing vegetation. For surfaces with non-erodible elements, determine corrections to the TFV by identifying the fraction of the survey area, as viewed from directly overhead, that is occupied by non-erodible elements using the following procedure. Select a survey area of one (1) meter by 1 meter. Where many non-erodible elements lie on the disturbed surface area, separate them into groups according to size. For each group, calculate the overhead area for the non-erodible elements according to the following equations:\n\n(Average length) \u00d7 (Average width) = Average Dimensions   Eq. 1\n\n(Average Dimensions) \u00d7 (Number of Elements) = Overhead Area   Eq. 2\n\nOverhead Area of Group 1 + Overhead Area of Group 2 (etc.) = Total Overhead Area   Eq. 3\n\nTotal Overhead Area/2 = Total Frontal Area  Eq. 4\n\n(Total Frontal Area/Survey Area) \u00d7 100 = Percent Cover of Non-erodible Elements   Eq. 5\n\n(Ensure consistent units of measurement, e.g. square meters or square inches when calculating percent cover.)\n\nRepeat this procedure on an additional two (2) distinct survey areas representing a disturbed surface and average the results. Use Table 2 to identify the correction factor for the percent cover of non-erodible elements. Multiply the TFV by the corresponding correction factor to calculate the TFV corrected for non-erodible elements.\n\nTable 2\u2014Correction Factors for Threshold Friction Velocity\n\nFlat vegetation includes attached (rooted) vegetation or unattached vegetative debris lying on the surface with a predominant horizontal orientation that is not subject to movement by wind. Flat vegetation which is dead but firmly attached shall be considered equally protective as live vegetation. Stones or other aggregate larger than one centimeter in diameter shall be considered protective cover in the course of conducting the line transect method. Where flat vegetation exists, conduct the following line transect method.\n\n(i) Stretch a one-hundred (100) foot measuring tape across a disturbed surface area. Firmly anchor both ends of the measuring tape into the surface using a tool such as a screwdriver with the tape stretched taut and close to the soil surface. If vegetation exists in regular rows, place the tape diagonally (at approximately a 45 degree angle) away from a parallel or perpendicular position to the vegetated rows. Pinpoint an area the size of a \n 3/32  inch diameter brazing rod or wooden dowel centered above each one-foot interval mark along one edge of the tape. Count the number of times that flat vegetation lies directly underneath the pinpointed area at one-foot intervals. Consistently observe the underlying surface from a 90 degree angle directly above each pinpoint on one side of the tape. Do not count the underlying surface as vegetated if any portion of the pinpoint extends beyond the edge of the vegetation underneath in any direction. If clumps of vegetation or vegetative debris lie underneath the pinpointed area, count the surface as vegetated unless bare soil is visible directly below the pinpointed area. When 100 observations have been made, add together the number of times a surface was counted as vegetated. This total represents the percent of flat vegetation cover (e.g. if 35 positive counts were made, then vegetation cover is 35 percent). If the disturbed surface area is too small for 100 observations, make as many observations as possible. Then multiply the count of vegetated surface areas by the appropriate conversion factor to obtain percent cover. For example, if vegetation was counted 20 times within a total of 50 observations, divide 20 by 50 and multiply by 100 to obtain a flat vegetation cover of 40 percent.\n\n(ii) Conduct the above line transect test method an additional two (2) times on areas representative of the disturbed surface and average results.\n\nStanding vegetation includes vegetation that is attached (rooted) with a predominant vertical orientation. Standing vegetation which is dead but firmly rooted shall be considered equally protective as live vegetation. Conduct the following standing vegetation test method to determine if 30 percent cover or more exists. If the resulting percent cover is less than 30 percent but equal to or greater than 10 percent, then conduct the Threshold Friction Velocity test in section II.2 of this appendix in order to determine whether the disturbed surface area is stabilized according to paragraph (b)(16)(ii)(E) of this section.\n\n(i) For standing vegetation that consists of large, separate vegetative structures (for example, shrubs and sagebrush), select a survey area representing the disturbed surface that is the shape of a square with sides equal to at least ten (10) times the average height of the vegetative structures. For smaller standing vegetation, select a survey area of three (3) feet by 3 feet.\n\n(ii) Count the number of standing vegetative structures within the survey area. Count vegetation which grows in clumps as a single unit. Where different types of vegetation exists and/or vegetation of different height and width exists, separate the vegetative structures with similar dimensions into groups. Count the number of vegetative structures in each group within the survey area. Select an individual structure within each group that represents the average height and width of the vegetation in the group. If the structure is dense (i.e. when looking at it vertically from base to top there is little or zero open air space within its perimeter), calculate and record its frontal silhouette area according to Equation 6 of this appendix. Also use Equation 6 if the survey area is larger than nine square feet, estimating the average height and width of the vegetation. Otherwise, use the procedure in section II.4.(iii) of this appendix to calculate the Frontal Silhouette Area. Then calculate the percent cover of standing vegetation according to Equations 7, 8 and 9 of this appendix. (Ensure consistent units of measurement, e.g. square feet or square inches when calculating percent cover.)\n\n(iii) Vegetative Density Factor. Cut a single, representative piece of vegetation (or consolidated vegetative structure) to within 1 cm of surface soil. Using a white paper grid or transparent grid over white paper, lay the vegetation flat on top of the grid (but do not apply pressure to flatten the structure). Grid boxes of one inch or one half inch squares are sufficient for most vegetation when conducting this procedure. Using a marker or pencil, outline the shape of the vegetation along its outer perimeter according to Figure B, C or D of this appendix, as appropriate. ( Note:  Figure C differs from Figure D primarily in that the width of vegetation in Figure C is narrow at its base and gradually broadens to its tallest height. In Figure D, the width of the vegetation generally becomes narrower from its midpoint to its tallest height.) Remove the vegetation and count and record the total number of gridline intersections within the outlined area, but do not count gridline intersections that connect with the outlined shape. There must be at least 10 gridline intersections within the outlined area and preferably more than 20, otherwise, use smaller grid boxes. Draw small circles (no greater than a \n 3/32  inch diameter) at each gridline intersection counted within the outlined area. Replace the vegetation on the grid within its outlined shape. From a distance of approximately two feet directly above the grid, observe each circled gridline intersection. Count and record the number of circled gridline intersections that are not covered by any piece of the vegetation. To calculate percent vegetative density, use Equations 10 and 11 of this appendix. If percent vegetative density is equal to or greater than 30, use the equation (Eq. 14, 15 or 16) that matches the outline used to trace the vegetation (Figure B, C or D) to calculate its Frontal Silhouette Area. If percent vegetative density is less than 30, use Equations 12 and 13 of this appendix to calculate the Frontal Silhouette Area.\n\n(iv) Within a disturbed surface area that contains multiple types of vegetation with each vegetation type uniformly distributed, results of the percent cover associated with the individual vegetation types may be added together.\n\n(v) Repeat this procedure on an additional two (2) distinct survey areas representing the disturbed surface and average the results.\n\nHeight \u00d7 Width = Frontal Silhouette Area   Eq. 6\n\n(Frontal Silhouette Area of Individual Vegetative Structure) \u00d7 Number of Vegetation Structures Per Group = Group Frontal Silhouette Area of Group   Eq. 7\n\nFrontal Silhouette Area of Group 1 + Frontal Silhouette Area of Group 2 (etc.) = Total Frontal Silhouette Area   Eq. 8\n\n(Total Frontal Silhouette Area/Survey Area) \u00d7 100 = Percent Cover of Standing Vegetation   Eq. 9\n\n[(Number of circled gridlines within the outlined area counted that are not covered by vegetation / Total number of gridline intersections within the outlined area) \u00d7 100] = Percent Open Space   Eq. 10\n\n100 = Percent Open Space = Percent Vegetative Density   Eq. 11\n\nPercent Vegetative Density/100 = Vegetative Density   Eq. 12\n\nAlternative test methods may be used upon obtaining the written approval of the EPA."], ["40:40:3.0.1.1.1.4.1.11", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.129", "\u00a7 52.129 Review of new sources and modifications.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 15081, July 27, 1972, as amended at 38 FR 12705, May 14, 1973; 39 FR 7279, Feb. 25, 1974; 39 FR 28285, Aug. 8, 1974; 40 FR 50268, Oct. 29, 1975; 45 FR 67346, Oct. 10, 1980; 51 FR 40677, Nov. 7, 1986; 60 FR 33922, June 29, 1995]", "(a) [Reserved]\n\n(b)  National standards not met.  The requirements of \u00a7 51.160(a) of this chapter are not met in the Pima Intrastate Region since the Rules and Regulations of the Pima County Air Pollution Control District are not adequate to prevent construction or modification of a source which would interfere with the attainment or maintenance of the national standards.\n\n(c)  Regulation for review of new sources and modifications.  (1) The requirements of this paragraph are applicable to any stationary source in the Pima Intrastate Region (\u00a7 81.269 of this chapter), the construction or modification of which is commenced after the effective date of this regulation.\n\n(2) No owner or operator shall commence construction or modification of any new source after the effective date of this regulation without first obtaining approval from the Administrator of the location of such source.\n\n(i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator.\n\n(ii) A separate application is required for each source.\n\n(iii) Each application shall be signed by the applicant.\n\n(iv) Each application shall be accompanied by site information, stack data, and the nature and amount of emissions. Such information shall be sufficient to enable the Administrator to make any determination pursuant to paragraph (c)(3) of this section.\n\n(v) Any additional information, plans, specifications, evidence or documentation that the Administrator may require shall be furnished upon request.\n\n(3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that the source will not prevent or interfere with attainment or maintenance of any national standard.\n\n(4)(i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (c)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator.\n\n(ii) Within thirty (30) days after receipt of a complete application, the Administrator shall:\n\n( a ) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved.\n\n( b ) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and\n\n( c ) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source.\n\n(iii) A copy of the notice required pursuant to this paragraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated.\n\n(iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located.\n\n(v) The Administrator shall take final action on an application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located.\n\n(vi) The Administrator may extend each of the time periods specified in paragraph (c)(4) (ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator.\n\n(5) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year.\n\n(6) Approval to construct or modify shall not relieve any owner or operator of the responsibility to comply with any local, State or Federal regulation which is part of the applicable plan.\n\n(7) Approval to construct or modify shall not be required for:\n\n(i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff.\n\n(ii) Airconditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment.\n\n(iii) Fuel burning equipment, other than smokehouse generators, which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 20.0 grain H 2  S per 100 stdft\n 3  (45.8 g/100 stdm\n 3 ); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.\n\n(iv) Mobile internal combustion engines.\n\n(v) Laboratory equipment used exclusively for chemical or physical analysis.\n\n(vi) Other sources of minor significance specified by the Administrator.\n\n(8) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for and receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act.\n\n(d)  Regulation for review of new sources and modifications: Federal Regulations.  (1) This requirement is applicable to any stationary source subject to the requirements of \u00a7 52.126(b), the construction or modification of which is commenced after the effective date of this regulation.\n\n(2) No owner or operator shall commence construction or modification of any stationary source after the effective date of this regulation, without first obtaining approval from the Administrator of the location and design of such source.\n\n(i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator.\n\n(ii) A separate application is required for each source.\n\n(iii) Each application shall be signed by the applicant.\n\n(iv) Each application shall be accompanied by site information, plans, descriptions, specifications, and drawings showing the design of the source, the nature and amount of emissions, and the manner in which it will be operated and controlled.\n\n(v) Any additional information, plans, specifications, evidence, or documentation that the Administrator may require shall be furnished upon request.\n\n(3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that the source will operate without causing a violation of \u00a7 52.126(b).\n\n(4)(i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. In the event of such a deficiency, the date of receipt of the application for the purpose of paragraph (d)(4)(ii) of this section, shall be the date on which all required information is received by the Administrator.\n\n(ii) Within thirty (30) days after receipt of a complete application, the Administrator shall:\n\n( a ) Make a preliminary determination whether the source should be approved, approved with conditions, or disapproved.\n\n( b ) Make available in at least one location in each region in which the proposed source would be constructed, a copy of all materials submitted by the owner or operator, a copy of the Administrator's preliminary determination and a copy or summary of other materials, if any, considered by the Administrator in making his preliminary determination; and\n\n( c ) Notify the public, by prominent advertisement in a newspaper of general circulation in each region in which the proposed source would be constructed, of the opportunity for written public comment on the information submitted by the owner or operator and the Administrator's preliminary determination on the approvability of the source.\n\n(iii) A copy of the notice required pursuant to this paragraph shall be sent to the applicant and to state and local air pollution control agencies, having cognizance over the location where the source will be situated.\n\n(iv) Public comments submitted in writing within thirty (30) days after the date such information is made available shall be considered by the Administrator in making his final decision on the application. No later than ten (10) days after the close of the public comment period, the applicant may submit a written response to any comment submitted by the public. The Administrator shall consider the applicant's response in making his final decision. All comments shall be made available for public inspection in at least one location in the region in which the source would be located.\n\n(v) The Administrator shall take final action on an application within thirty (30) days after the close of the public comment period. The Administrator shall notify the applicant in writing of his approval, conditional approval, or denial of the application, and shall set forth his reasons for conditional approval or denial. Such notification shall be made available for public inspection in at least one location in the region in which the source would be located.\n\n(vi) The Administrator may extend each of the time periods specified in paragraph (d)(4)(ii), (iv) or (v) of this section by no more than 30 days, or such other period as agreed to by the applicant and the Administrator.\n\n(5) The Administrator may impose any reasonable conditions upon an approval including conditions requiring the source to be provided with:\n\n(i) Sampling ports of a size, number, and location as the Administrator may require,\n\n(ii) Safe access to each port,\n\n(iii) Instrumentation to monitor and record emission data, and\n\n(iv) Any other sampling and testing facilities.\n\n(6) The Administrator may cancel an approval if the construction is not begun within 2 years from the date of issuance, or if during the construction, work is suspended for 1 year.\n\n(7) Any owner or operator subject to the provisions of this regulation shall furnish the Administrator written notification as follows:\n\n(i) A notification of the anticipated date of initial startup of source not more than 60 days or less than 30 days prior to such date.\n\n(ii) A notification of the actual date of initial startup of a source within 15 days after such date.\n\n(8) Within 60 days after achieving the maximum production rate at which the source will be operated but not later than 180 days after initial startup of such source, the owner or operator of such source shall conduct a performance test(s) in accordance with the methods and under operating conditions approved by the Administrator and furnish the Administrator a written report of the results of such performance test.\n\n(i) Such test shall be at the expense of the owner or operator.\n\n(ii) The Administrator may monitor such test and also may conduct performance tests.\n\n(iii) The owner or operator of a source shall provide the Administrator 15 days prior notice of the performance test to afford the Administrator the opportunity to have an observer present.\n\n(iv) The Administrator may waive the requirement for performance tests if the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the source is being operated in compliance with the requirements of \u00a7 52.126(b).\n\n(9) Approval to construct or modify shall not relieve the owner or operator of the responsibility to comply with all local, State, or Federal regulations which are part of the applicable plan.\n\n(10) Approval to construct or modify shall not be required for:\n\n(i) The installation or alteration of an air pollutant detector, air pollutants recorder, combustion controller, or combustion shutoff.\n\n(ii) Air-conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment.\n\n(iii) Fuel burning equipment, other than smokehouse generators, which has a heat input of not more than 250 MBtu/h (62.5 billion g-cal/h) and burns only gaseous fuel containing not more than 20.0 grain H 2  S per 100 stdft\n 3  (45.8 g/100 stdm\n 3 ); has a heat input of not more than 1 MBtu/h (250 Mg-cal/h) and burns only distillate oil; or has a heat input of not more than 350,000 Btu/h (88.2 Mg-cal/h) and burns any other fuel.\n\n(iv) Mobile internal combustion engines.\n\n(v) Laboratory equipment used exclusively for chemical or physical analyses.\n\n(vi) Other sources of minor significance specified by the Administrator.\n\n(11) Any owner or operator who constructs, modifies, or operates a stationary source not in accordance with the application, as approved and conditioned by the Administrator, or any owner or operator of a stationary source subject to this paragraph who commences construction or modification without applying for and receiving approval hereunder, shall be subject to enforcement action under section 113 of the Act.\n\n(e)  Delegation of authority.  (1) The Administrator shall have the authority to delegate responsibility for implementing the procedures for conducting source review pursuant to this section in accordance with paragraphs (g) (2), (3), and (4) of this section.\n\n(2) Where the Administrator delegates the responsibility for implementing the procedures for conducting source review pursuant to this section to any Agency, other than a Regional Office of the Environmental Protection Agency, a copy of the notice pursuant to paragraphs (c)(4)(iii) and (d)(4)(iii) of this section shall be sent to the Administrator through the appropriate Regional Office.\n\n(3) In accordance with Executive Order 11752, the Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be delegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are owned or operated by the Federal government or for new or modified sources located on Federal lands; except that, with respect to the latter category, where new or modified sources are constructed or operated on Federal lands pursuant to leasing or other Federal agreements, the Federal Land Manager may at his discretion, to the extent permissible under applicable statutes and regulations, require the lessee or permittee to be subject to new source review requirements which have been delegated to a state or local agency pursuant to this paragraph.\n\n(4) The Administrator's authority for implementing the procedures for conducting source review pursuant to this section shall not be redelegated, other than to a Regional Office of the Environmental Protection Agency, for new or modified sources which are located in Indian reservations except where the State has assumed jurisdiction over such land under other laws, in which case the Administrator may delegate his authority to the States in accordance with paragraphs (g)(2), (3), and (4) of this section."], ["40:40:3.0.1.1.1.4.1.12", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.130", "\u00a7 52.130 Source surveillance.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 15081, July 27, 1972]", "(a) The requirements of \u00a7 51.211 of this chapter are not met since the plan does not contain legally enforceable procedures for requiring sources in the Northern Arizona, Mohave-Yuma, Central Arizona, and Southeast Arizona Intrastate Regions to maintain records of and periodically report on the nature and amounts of emissions.\n\n(b) The requirements of \u00a7 51.213 of this chapter are not met because the plan does not provide procedures for obtaining and maintaining data on actual emission reductions achieved as a result of implementing transportation control measures.\n\n(c)  Regulation for source recordkeeping and reporting.  (1) The owner or operator of any stationary source in the Northern Arizona, Mohave-Yuma, Central Arizona, or Southeast Arizona Intrastate Region (\u00a7\u00a7 81.270, 81.268, 81.271, and 81.272 of this chapter) shall, upon notification from the Administrator, maintain records of the nature and amounts of emissions from such source or any other information as may be deemed necessary by the Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures.\n\n(2) The information recorded shall be summarized and reported to the Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31, except that the initial reporting period shall commence on the date the Administrator issues notification of the recordkeeping requirements.\n\n(3) Information recorded by the owner or operator and copies of the summarizing reports submitted to the Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.\n\n(4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures. All such emission data will be available during normal business hours at the regional office (region IX). The Administrator will designate one or more places in Arizona where such emission data and correlations will be available for public inspection.\n\n(d) The requirements of \u00a7 51.214 of this chapter are not met since the plan does not contain legally enforceable procedures for requiring certain stationary sources subject to emission standards to install, calibrate, operate, and maintain equipment for continuously monitoring and recording emissions, and to provide other information as specified in Appendix P of part 51 of this chapter.\n\n(e) The requirements of \u00a7 51.214 of this chapter are not met since the plan does not provide sufficient regulations to meet the minimum specifications of Appendix P in the Maricopa Intrastate Region. Additionally, Maricopa County Air Pollution Control Regulation IV, rule 41, paragraph B, sections 6.0-6.4 (Special Consideration) is disapproved since it does not contain the specific criteria for determining those physical limitations or extreme economic situations where alternative monitoring requirements would be applicable."], ["40:40:3.0.1.1.1.4.1.13", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.131", "\u00a7 52.131 Control Strategy and regulations: Fine Particle Matter.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[78 FR 889, Jan. 7, 2013, as amended at 78 FR 54396, Sept. 4, 2013; 82 FR 21715, May 10, 2017; 84 FR 52771, Oct. 3, 2019]", "(a)  Determination of attainment.  Effective February 6, 2013, EPA has determined that, based on 2009 to 2011 ambient air quality data, the Nogales PM 2.5  nonattainment area has attained the 2006 24-hour PM 2.5  NAAQS. This determination 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 for as long as this area continues to attain the 2006 24-hour PM 2.5  NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 PM 2.5  NAAQS, the corresponding determination of attainment for that area shall be withdrawn.\n\n(b)  Determination of attainment.  Effective October 4, 2013, EPA has determined that, based on 2010 to 2012 ambient air quality data, the West Central Pinal PM 2.5  nonattainment area has attained the 2006 24-hour PM 2.5  NAAQS. This determination 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 for as long as this area continues to attain the 2006 24-hour PM 2.5  NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 PM 2.5  NAAQS, the corresponding determination of attainment for that area shall be withdrawn.\n\n(c)  Determination of attainment.  Effective June 9, 2017, the EPA has determined that, based on 2013 to 2015 ambient air quality data, the Nogales, AZ PM 2.5  nonattainment area has attained the 2006 24-hour PM 2.5  NAAQS by the applicable attainment date of December 31, 2015. Therefore, the EPA has met the requirement pursuant to CAA section 188(b)(2) to determine whether the area attained the standard. The EPA also has determined that the Nogales, AZ nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 188(b)(2).\n\n(d)  Determination of attainment.  Effective November 4, 2019, the EPA has determined that, based on 2015 to 2017 ambient air quality data, the West Central Pinal County, AZ PM 2.5  nonattainment area has attained the 2006 24-hour PM 2.5  NAAQS by the applicable attainment date of December 31, 2017. Therefore, the EPA has met the requirement pursuant to CAA section 188(b)(2) to determine whether the area attained the standard. The EPA also has determined that the West Central Pinal County, AZ nonattainment area will not be reclassified for failure to attain by its applicable attainment date under section 188(b)(2)."], ["40:40:3.0.1.1.1.4.1.14", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.132", "\u00a7 52.132 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.4.1.15", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.133", "\u00a7 52.133 Rules and regulations.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 15082, July 27, 1972, as amended at 43 FR 33247, July 31, 1978; 43 FR 53035, Nov. 15, 1978; 51 FR 40676, 40677, Nov. 7, 1986; 67 FR 59460, Sept. 23, 2002; 67 FR 68767, Nov. 13, 2002; 85 FR 43695, July 20, 2020; 87 FR 80468, Dec. 30, 2022]", "(a) Regulation 7-1-1.4(A) (Exceptions) of the Arizona Rules and Regulations for Air Pollution Control, regulations 12-3-2 (Emission Standards) of the Coconino County Rules and Regulations for Air Pollution Control, section 3, regulation 5 (Exceptions) of the Mohave County Air Pollution Control Regulations, regulation 8-1-1.6 (Exceptions) of the Yuma County Air Pollution Control Regulations, and regulation 7-1-2.8 (Exceptions) of the Rules and Regulations for Pinal-Gila Counties Air Quality Control District all provide for an exemption from enforcement action if the violation is attributable to certain events. These events are too broad in scope and the source can obtain the exemption merely by reporting the occurrence. Therefore, the above regulations are disapproved since these regulations make all approved emission limiting regulations potentially unenforceable.\n\n(b) Paragraph E of regulation 7-1-1.3 (R9-3-103) (Air Pollution Prohibited) prohibits any person from causing ground level concentrations to exceed ambient standards outside the boundaries of this operation. This regulation could allow violations of ambient air quality standards to occur in areas to which the public has access, contrary to the requirements of section 110(a)(1) of the Clean Air Act. Therefore, paragraph E of regulation 7-1-1.3 (R9-3-103) of the Arizona Rules and Regulations for Air Pollution Control is disapproved.\n\n(c) The requirements of subpart G and \u00a7 51.281 of this chapter are not met since the plan does not provide any enforceable regulations and a demonstration that such regulations will cause the attainment and maintenance of national ambient air quality standards in Graham and Greenlee Counties.\n\n(d) Section 3, regulation 4 (Ground Level Concentrations) of the Mohave County Air Pollution Control Regulations, paragraph E of regulation 8-1-1.3 (Air Pollution Prohibited) of the Yuma County Air Pollution Control Regulations, and paragraph C of regulation 7-1-1.3 (Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila Counties Air Quality Control District prohibits any person from causing ground level concentrations to exceed ambient standards outside the boundaries of his operation. These regulations could allow violations of ambient air quality standards to occur in areas to which the general public has access, contrary to the requirements of section 110(a)(1) of the Clean Air Act. Therefore, these regulations are disapproved.\n\n(e) Rule R18-2-702 of the Arizona Department of Environmental Quality Rules and Regulations sets an opacity standard for emissions from stationary sources of PM-10. The standard does not fulfill the RACM/RACT requirements of section 189(a) of the CAA. The rule also does not comply with enforceability requirements of section 110(a) and SIP relaxation requirements of sections 110(l) and 193. Therefore, Rule R18-2-702 submitted on July 15, 1998 is disapproved.\n\n(f) Rules 1-3-130 and 3-1-020 submitted on November 27, 1995 of the Pinal County Air Quality Control District regulations have limited enforceability because they reference rules not contained in the Arizona State Implementation Plan. Therefore, these rules are removed from the Arizona State Implementation Plan.\n\n(g) Rules 1-2-110, 1-3-130, 3-1-020, and 4-1-010 submitted on October 7, 1998 of the Pinal County Air Quality Control District regulations have limited enforceability because they reference rules not contained in the Arizona State Implementation Plan. Therefore, these rules are disapproved.\n\n(h) [Reserved]"], ["40:40:3.0.1.1.1.4.1.16", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.134", "\u00a7 52.134 Compliance schedules.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[38 FR 12705, May 14, 1973, as amended at 39 FR 10584, Mar. 21, 1974; 39 FR 43277, Dec. 12, 1974; 40 FR 3994, Jan. 27, 1975; 54 FR 25258, June 14, 1989]", "(a)  Federal compliance schedule.  (1) Except as provided in paragraph (a)(2) of this section, the owner or operator of any stationary source subject to \u00a7 52.126(b) shall comply with such regulation on or before January 31, 1974. The owner or operator of the source subject to \u00a7 52.125(c) shall comply with such regulation at initial start-up of such source unless a compliance schedule has been submitted pursuant to paragraph (a)(2) of this section.\n\n(i) Any owner or operator in compliance with \u00a7 52.126(b) on the effective date of this regulation shall certify such compliance to the Administrator no later than 120 days following the effective date of this paragraph.\n\n(ii) Any owner or operator who achieves compliance with \u00a7 52.125(c) or \u00a7 52.126(b) after the effective date of this regulation shall certify such compliance to the Administrator within 5 days of the date compliance is achieved.\n\n(2) Any owner or operator of the stationary source subject to \u00a7 52.125(c) and paragraph (a)(1) of this section may, no later than July 23, 1973, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with \u00a7 52.125(c) as expeditiously as practicable but not later than July 31, 1977. Any owner or operator of a stationary source subject to \u00a7 52.126(b) and paragraph (a)(1) of this section may, no later than 120 days following the effective date of this paragraph, submit to the Administrator for approval a proposed compliance schedule that demonstrates compliance with \u00a7 52.126(b) as expeditiously as practicable but not later than July 31, 1975.\n\n(i) The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Submittal of the final control plan to the Administrator; letting of necessary contracts for construction or process change, or issuance of orders for the purchase of component parts to accomplish emission control equipment or process modification; completion of onsite construction or installation of emission control equipment or process modification; and final compliance.\n\n(ii) Any compliance schedule for the stationary source subject to \u00a7 52.125(c) which extends beyond July 31, 1975, shall apply any reasonable interim measures of control designed to reduce the impact of such source on public health.\n\n(3) Any owner or operator who submits a compliance schedule pursuant to this paragraph shall, within 5 days after the deadline for each increment of progress, certify to the Administrator whether or not the required increment of the approved compliance schedule has been met."], ["40:40:3.0.1.1.1.4.1.17", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.135", "\u00a7 52.135 Resources.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[38 FR 16564, June 22, 1973, as amended at 51 FR 40677, Nov. 7, 1986]", "(a) The requirements of \u00a7 51.280 of this chapter are not met because the transportation control plan does not contain a sufficient description of resources available to the State and local agencies and of additional resources needed to carry out the plan during the 5-year period following submittal."], ["40:40:3.0.1.1.1.4.1.18", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.136", "\u00a7 52.136 Control strategy for ozone: Oxides of nitrogen.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[60 FR 19515, Apr. 19, 1995]", "EPA is approving an exemption request submitted by the State of Arizona on April 13, 1994 for the Maricopa County ozone nonattainment area from the NO X  RACT requirements contained in section 182(f) of the Clean Air Act. This approval exempts the Phoenix area from implementing the NO X  requirements for RACT, new source review (NSR), and the applicable general and transportation conformity and inspection and maintenance (I/M) requirements of the CAA. The exemption is based on Urban Airshed Modeling as lasts for only as long as the area's modeling continues to demonstrate attainment without NO X  reductions from major stationary sources."], ["40:40:3.0.1.1.1.4.1.19", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.137", "\u00a7 52.137 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.4.1.2", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.120", "\u00a7 52.120 Identification of plan.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[81 FR 85040, Nov. 23, 2016]", "(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.\n\n(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.\n\n(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).\n\n(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 .\n\n(c)  EPA-approved regulations.\n\nTable 1\u2014EPA-Approved Arizona Statutes\n\n1  The 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).\n\n\u2020 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.\n\nTable 2\u2014EPA-Approved Arizona Regulations\n\nTable 3\u2014EPA-Approved Arizona General Permits\n\nTable 4 to Paragraph  (c) \u2014EPA-Approved Maricopa County Air Pollution Control Regulations\n\n\u2020 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.\n\nTable 5\u2014EPA-Approved Maricopa County Documents Related to Applications for Dust Control Permits\n\nTable 6\u2014EPA-Approved Ordinances Adopted by Maricopa County and Other Local Jurisdictions Within Maricopa County\n\nTable 7\u2014EPA-Approved Pima County Air Pollution Control Regulations\n\n\u2020 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.\n\nTable 8\u2014EPA-Approved Ordinances Adopted by Pima County and Other Local Jurisdictions Within Pima County\n\nTable 9\u2014EPA-Approved Pinal County Air Pollution Control Regulations\n\n(d)  EPA-approved source-specific requirements.\n\nEPA-Approved Source-Specific Requirements\n\n(e)  EPA-approved Arizona nonregulatory provisions and quasi-regulatory measures.\n\nTable 1\u2014EPA-Approved Non-Regulatory and Quasi-Regulatory Measures\n\n[Excluding certain resolutions and statutes, which are listed in tables 2 and 3, respectively] \n 1\n\n1  Table 1 is divided into three parts: Clean Air Act Section 110(a)(2) State Implementation Plan Elements (excluding Part D Elements and Plans), Part D Elements and Plans (other than for the Metropolitan Phoenix or Tucson Areas), and Part D Elements and Plans for the Metropolitan Phoenix and Tucson Areas.\n\n\u2020 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.\n\nTable 2\u2014EPA-Approved Resolutions Adopted by Jurisdictions in Maricopa and Pinal Counties To Implement Measures in PM-10 and Carbon Monoxide State Implementation Plans\n\nTable 3\u2014EPA-Approved Arizona Statutes\u2014Non-Regulatory\n\n\u2020 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.\n\n1  Approved as Chapter 22 (Unblended Gasoline Shortages), Article 1 (General Provisions)."], ["40:40:3.0.1.1.1.4.1.20", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.138", "\u00a7 52.138 Conformity procedures.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[56 FR 5485, Feb. 11, 1991]", "(a)  Purpose.  The purpose of this regulation is to provide procedures as part of the Arizona carbon monoxide implementation plans for metropolitan transportation planning organizations (MPOs) to use when determining conformity of transportation plans, programs, and projects. Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) prohibits MPOs from approving any project, program, or plan which does not conform to an implementation plan approved or promulgated under section 110.\n\n(b)  Definitions.\n\n(1)  Applicable implementation plan  or  applicable plan  means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under section 110 of the Clean Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA, 42 U.S.C. 7410(c).\n\n(2)  Carbon monoxide national ambient air quality standard (CO NAAQS)  means the standards for carbon monoxide promulgated by the Administrator under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40 CFR 50.8\n\n(3)  Cause  means resulting in a violation of the CO NAAQS in an area which previously did not have ambient CO concentrations above the CO NAAQS.\n\n(4)  Contribute  means resulting in measurably higher average 8-hour ambient CO concentrations over the NAAQS or an increased number of violations of the NAAQS in an area which currently experiences CO levels above the standard.\n\n(5)  Metropolitan planning organization (MPO)  means the organization designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific purposes of this regulation, MPO means either the Maricopa Association of Governments or the Pima Association of Governments.\n\n(6)  Nonattainment area  means for the specific purpose of this regulation either the Pima County carbon monoxide nonattainment area as described in 40 CFR 81.303 or the Maricopa County carbon monoxide nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban planning area).\n\n(7)  Transportation control measure (TCM)  means any measure in an applicable implementation plan which is intended to reduce emissions from transportation sources.\n\n(8)  Transportation improvement program (TIP)  means the staged multiyear program of transportation improvements including an annual (or biennial) element which is required in 23 CFR part 450.\n\n(9)  Unified planning work program  or  UPWP  means the program required by 23 CFR 450.108(c) and endorsed by the metropolitan planning organization which describes urban transportation and transportation-related planning activities anticipated in the area during the next 1- to 2-year period including the planning work to be performed with federal planning assistance and with funds available under the Urban Mass Transportation Act (49 U.S.C.) section 9 or 9A. UPWPs are also known as overallwork programs or OWPs.\n\n(c)  Applicability.  These procedures shall apply only to the Maricopa Association of Governments in its role as the designated metropolitan planning organization for Maricopa County, Arizona, and the Pima Association of Governments in its role as the designated metropolitan planning organization for Pima County, Arizona.\n\n(d)  Procedures \u2014(1)  Transportation Plans and Transportation Improvement Programs \u2014(i)  Documentation.  The MPO shall prepare for each transportation plan and program (except for the unified planning work program), as part of the plan or program, a report documenting for each plan and program the following information:\n\n(A) the disaggregated population projections and employment which were assumed in:\n\n( 1 ) the applicable plan, and\n\n( 2 ) the transportation plan/program;\n\n(B) the levels of vehicle trips, vehicle miles traveled, and congestion that were:\n\n( 1 ) assumed in the applicable plan, and\n\n( 2 ) expected to result from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan/program;\n\n(C) for each major transportation control measure in the applicable implementation plan;\n\n( 1 ) the TCM's implementation schedule and, if determined in the applicable plan, expected effectiveness in reducing CO emissions,\n\n( 2 ) the TCM's current implementation status and, if feasible, its current effectiveness in reducing CO emissions, and\n\n( 3 ) actions in the plan/program which may beneficially or adversely affect the implementation and/or effectiveness of the TCM;\n\n(D) the CO emission levels resulting from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan/program; and\n\n(E) the ambient CO concentration levels, micro-scale and regional, resulting from the implementation of the plan/program over the period covered by the applicable plan considering any growth likely to result from the implementation of the plan or program.\n\n(ii)  Findings.  Prior to approving a transportation plan/program, the MPO shall determine if the plan/program conforms to the applicable implementation plan. In making this determination, the MPO shall make and support each of the following findings for each transportation plan and program using the information documented in paragraph (d)(1)(i) of this section:\n\n(A) that implementation of the transportation plan/program will provide for the implementation of TCMs in the applicable plan on the schedule set forth in the applicable plan;\n\n(B) that CO emission levels, microscale and regional, resulting from the implementation of the plan/program will not delay attainment or achievement of any interim emission reductions needed for attainment and/or interfere with maintenance of the CONAAQS throughout the nonattainment area during the period covered by the applicable plan; and\n\n(C) that implementation of the plan/program would not cause or contribute to a violation of the CO NAAQS anywhere within the nonattainment area during the period covered by the applicable plan.\n\n(2)  Amendments to a Transportation Plan or Transportation Implementation Program.  Prior to approving any amendment to a transportation plan or program, the MPO shall first determine that the amendment does not substantially change the information provided under paragraph (d)(1)(i) of this section and does not change the findings in paragraph (d)(1)(ii) of this section with respect to the original plan or program.\n\n(3)  Transportation Projects.  As part of any individual transportation project approval made by the MPO, the MPO shall determine whether the project conforms to the applicable implementation plan using the following procedure:\n\n(i) For projects from a plan and TIP that has been found to conform under procedures in paragraph (d)(1) of this section within the last three years or from a Plan or TIP amendment that has been found to conform under procedures in paragraph (d)(2) of this section in the past three years, the MPO shall document as part of the approval document:\n\n(A) the TIP project number;\n\n(B) whether the project is an exempt project as defined in paragraph (e) of this section; and\n\n(C) whether the design and scope of the project has changed significantly from the design and scope of the project as described in the conforming TIP:\n\n( 1 ) If the design and scope of the project has not changed significantly, the MPO may find the project conforming; or\n\n( 2 ) If the design and scope of the project has changed significantly or the design and scope of the project could not be determined from the TIP, the MPO shall use the procedures in paragraph (d)(3)(ii) of this section to determine if the project conforms to the applicable implementation plan.\n\n(ii) For projects not exempted under paragraph (e) of this section and not in a plan or a TIP that has been found to conform under procedures in paragraph (d)(1) of this section within the last three years:\n\n(A)  Documentation.  The MPO shall document as part of the approval document for each such project:\n\n( 1 ) the disaggregated population and employment projections, to the extent they are used in\n\n( i ) the applicable plan, and\n\n( ii ) designing and scoping the project;\n\n( 2 ) the levels of vehicle trips, vehicle miles traveled, and congestion that are\n\n( i ) assumed in the applicable plan, and\n\n( ii ) expected to result over the period covered by the applicable plan from the construction of the project considering any growth likely to result from the project;\n\n( 3 ) for each transportation control measure in the applicable plan likely to be affected by the project:\n\n( i ) its implementation schedule and expected emission reduction effectiveness from the applicable plan,\n\n( ii ) its current implementation status and, if feasible, its current effectiveness, and\n\n( iii ) any actions as part of the project which may beneficially or adversely affect the implementation and/or effectiveness of the TCM;\n\n( 4 ) CO emission levels which will result from the project over the period covered by the applicable plan considering any growth likely to result from the project; and\n\n( 5 ) ambient CO concentration levels which will result from the project over the period covered by the applicable plan considering any growth likely to result from the project.\n\n(B)  Findings.  Prior to approving any transportation project, the MPO shall determine if the project conforms to the applicable implementation plan. In making this determination, the MPO shall make and support the following findings for each project using the information documented in paragraph (d)(2)(ii)(A) of this section:\n\n( 1 ) that the project will provide for the implementation of TCMs affected by the project on the schedule set forth in the applicable plan;\n\n( 2 ) that CO emission levels, microscale and regional, resulting from the implementation of the project during the period covered by the applicable plan will not delay attainment or any required interim emission reductions and/or interfere with maintenance of the CO NAAQS in an area substantially affected by the project;\n\n( 3 ) that the project will not cause or contribute to a violation of the CO NAAQS during the period covered by the applicable plan near the project; and\n\n( 4 ) that the projected emissions from the project, when considered together with emissions projected for the conforming plan and program within the nonattainment area, do not cause the plan and program to exceed the emission reduction projections and schedules assigned to such plans and programs in the applicable implementation plan.\n\n(e)  Exempt Projects.  An individual project is exempt from the requirements of paragraph (d) of this section if it is:\n\n(1) located completely outside the nonattainment area;\n\n(2) a safety project which is included in the statewide safety improvement program, will not alter the functional traffic capacity or capability of the facility being improved, and does not adversely affect the TCMs in the applicable plan;\n\n(3) a transportation control measure from the approved applicable plan; or\n\n(4) a mass transit project funded under the Urban Mass Transportation Act, 49 U.S.C."], ["40:40:3.0.1.1.1.4.1.21", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.139", "\u00a7 52.139 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.4.1.22", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.140", "\u00a7 52.140 Monitoring transportation trends.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[38 FR 33376, Dec. 3, 1973, as amended at 39 FR 32113, Sept. 5, 1974; 44 FR 27571, May 10, 1979]", "(a) This section is applicable to the State of Arizona.\n\n(b) In order to assure the effectiveness of the inspection and maintenance program and the retrofit devices required under the Arizona implementation plan, the State shall monitor the actual per-vehicle emissions reductions occurring as a result of such measures. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the State in accordance with \u00a7 58.35 of this chapter. The first quarterly report shall cover the period January 1 to March 31, 1976.\n\n(c) In order to assure the effective implementation of \u00a7\u00a7 52.137, 52.138, and 52.139, the State shall monitor vehicle miles traveled and average vehicle speeds for each area in which such sections are in effect and during such time periods as may be appropriate to evaluate the effectiveness of such a program. All data obtained from such monitoring shall be included in the quarterly report submitted to the Administrator by the State of Arizona in accordance with \u00a7 58.35 of this chapter. The first quarterly report shall cover the period from July 1 to September 30, 1974. The vehicle miles traveled and vehicle speed data shall be collected on a monthly basis and submitted in a format similar to Table 1.\n\nTable 1\n \n Time period\n \n Affected area\n\n1  Continue with other vehicle types as appropriate.\n\n(d) No later than March 1, 1974, the State shall submit to the Administrator a compliance schedule to implement this section. The program description shall include the following:\n\n(1) The agency or agencies responsible for conducting, overseeing, and maintaining the monitoring program.\n\n(2) The administrative procedures to be used.\n\n(3) A description of the methods to be used to collect the emission data, VMT data, and vehicle speed data; a description of the geographical area to which the data apply; identification of the location at which the data will be collected; and the time periods during which the data will be collected.\n\n(e) The quarterly reports specified in paragraphs (b) and (c) of this section shall be submitted to the Administrator through the Regional Office, and shall be due within 45 days after the end of each reporting period."], ["40:40:3.0.1.1.1.4.1.23", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.141", "\u00a7 52.141 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.4.1.24", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.142", "\u00a7 52.142 Federal Implementation Plan for Tri-Cities landfill, Salt River Pima-Maricopa Indian Community.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[64 FR 65664, Nov. 23, 1999]", "The Federal Implementation Plan regulating emissions from an Energy Project at the Tri-Cities landfill located on the Salt River Pima-Maricopa Indian Community near Phoenix, Arizona is codified at 40 CFR 49.22."], ["40:40:3.0.1.1.1.4.1.25", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.143", "\u00a7 52.143 [Reserved]", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "", ""], ["40:40:3.0.1.1.1.4.1.26", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.144", "\u00a7 52.144 Significant deterioration of air quality.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[87 FR 8426, Feb. 15, 2022]", "(a) The requirements of sections 160 through 165 of the Clean Act are not met, since the plan as it applies to stationary sources under the jurisdiction of the Pima County Health Department, and stationary sources locating on any Indian reservation lands, and any other area of Indian country where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, located within the State of Arizona, does not include approvable procedures for preventing the significant deterioration of air quality.\n\n(b) Regulation for preventing significant deterioration of air quality. The provisions of \u00a7 52.21 except paragraph (a)(1) of this section are hereby incorporated and made a part of the applicable State plan for the State of Arizona for those portions applicable to the Pima County Health Department, and to any Indian reservation lands, and any other area of Indian country where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, located within the State of Arizona.\n\n(c) The requirements of sections 160 through 165 of the Clean Air Act are met as they apply to stationary sources under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ) and the Maricopa County Air Quality Department (MCAQD), except with respect to emissions of greenhouse gases (GHGs) (as defined in \u00a7 52.21(b)(49)(i)). Therefore, the provisions of \u00a7 52.21, except paragraph (a)(1) of this section, for GHGs are hereby made a part of the plan for stationary sources under the jurisdiction of the ADEQ and the MCAQD as it applies to the stationary sources described in \u00a7 52.21(b)(49)(iv)."], ["40:40:3.0.1.1.1.4.1.27", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.145", "\u00a7 52.145 Visibility protection.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[50 FR 28553, July 12, 1985]", "(a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.\n\n(b) Regulations for visibility new source review. The provisions of \u00a7 52.28 are hereby incorporated and made part of the applicable plan for the State of Arizona only for those stationary sources under the permitting jurisdiction of the Pima County Department of Environmental Quality. The provisions of \u00a7 52.28 also remain the applicable plan for any Indian reservation lands, and any other area of Indian country where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction, located within the State of Arizona.\n\n(c)-(d) [Reserved]\n\n(e)  Approval.  On February 28, 2011, the Arizona Department of Environmental Quality submitted the \u201cArizona State Implementation Plan, Regional Haze Under Section 308 of the Federal Regional Haze Rule\u201d (\u201cArizona Regional Haze SIP\u201d).\n\n(1) [Reserved]\n\n(2) The following portions of the Arizona Regional Haze SIP are disapproved because they do not meet the applicable requirements of Clean Air Act sections 169A and 169B and the Regional Haze Rule in 40 CFR 51.301 through 51.308:\n\n(i) The determination that Unit I4 at TEP's Irvington [Sundt] Generating Station is not BART-eligible;\n\n(ii) The portions of the long-term strategy for regional haze related to emission reductions for out-of-state Class I areas, emissions limitations and schedules for compliance to achieve the reasonable progress goal and enforceability of emissions limitations and control measures.\n\n(f) [Reserved]\n\n(g) On May 3, 2013, the Arizona Department of Environmental Quality (ADEQ) submitted the \u201cArizona State Implementation Plan Revision, Regional Haze Under Section 308 of the Federal Regional Haze Rule\u201d (\u201cArizona Regional Haze SIP Supplement\u201d).\n\n(1) The following portions of the Arizona Regional Haze SIP Supplement are disapproved because they do not meet the applicable requirements of Clean Air Act sections 169A and 169B and the Regional Haze Rule in 40 CFR 51.301 through 51.308:\n\n(i) The determination that the Chemical Lime Company's Nelson Lime Plant is not subject-to-BART;\n\n(ii) The determination that the Freeport McMoRan Miami Inc (FMMI) Smelter is not subject to BART for NO X ;\n\n(iii) The determination that existing controls constitute BART for SO 2  at the Freeport McMoRan Miami Inc (FMMI) Smelter;\n\n(iv) The determination that the ASARCO Hayden smelter is not subject to BART for NO X  and PM 10 ;\n\n(v) The determination that existing controls constitute BART for SO 2  at ASARCO Hayden Smelter;\n\n(vi) The reasonable progress goals for the first planning period;\n\n(vii) The determination that no additional controls for point sources of NO X  are reasonable for the first planning period; and\n\n(viii) The determination that no additional controls for area sources of NO X  and SO 2  are reasonable for the first planning period.\n\n(2) [Reserved]\n\n(h)  Disapproval.  The following portions of the Arizona SIP are disapproved because they do not meet the applicable requirements of Clean Air Act sections 169A and 169B and the Regional Haze Rule at 40 CFR 51.309:\n\n(1) Regional Haze State Implementation Plan for the State of Arizona (\u201cArizona 309 Regional Haze SIP\u201d) submitted by the Arizona Department of Environmental Quality on December 23, 2003, with the exception of Chapter 5 (Strategy to Address Reasonably Attributable Visibility Impairment (RAVI)) and Appendix A-5 (Attributable Impairment).\n\n(2) The Arizona Regional Haze State Implementation Plan Revision submitted by the Arizona Department of Environmental Quality on December 31, 2004, with the exception of the provisions already approved at 40 CFR 52.120(c)(131).\n\n(3) Letter from Stephen A. Owens, Director, Arizona Department of Environmental Quality, dated December 24, 2008 re: Submittal of Arizona Regional Haze State Implementation Plan.\n\n(i)  Source-specific federal implementation plan for regional haze at Nelson Lime Plant \u2014(1)  Applicability.  This paragraph (i) applies to the owner/operator of the lime kilns designated as Kiln 1 and Kiln 2 at the Nelson Lime Plant located in Yavapai County, Arizona.\n\n(2)  Definitions.  Terms not defined in this paragraph (i)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (i):\n\nAmmonia injection  shall include any of the following: Anhydrous ammonia, aqueous ammonia, or urea injection.\n\nContinuous emission monitoring system or CEMS  means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of NO X  emissions, SO 2  emissions, diluent, and stack gas volumetric flow rate.\n\nKiln  means either of the kilns identified in paragraph (i)(1) of this section.\n\nKiln 1  means lime kiln 1, as identified in paragraph (i)(1) of this section.\n\nKiln 2  means lime kiln 2, as identified in paragraph (i)(1) of this section.\n\nKiln operating day  means a 24-hour period between 12 midnight and the following midnight during which there is operation of Kiln 1, Kiln 2, or both kilns at any time.\n\nKiln operation  means any period when any raw materials are fed into the Kiln or any period when any combustion is occurring or fuel is being fired in the Kiln.\n\nLime product  means the product of the lime-kiln calcination process, including calcitic lime, dolomitic lime, and dead-burned dolomite.\n\nNO X  means oxides of nitrogen.\n\nOwner/operator  means any person who owns or who operates, controls, or supervises a kiln identified in paragraph (i)(1) of this section.\n\nSO 2  means sulfur dioxide.\n\n(3)  Emission limitations.  (i) The owner/operator of the kilns identified in paragraph (i)(1) of this section shall not emit or cause to be emitted pollutants in excess of the following limitations in pounds of pollutant per ton of lime product (lb/ton), from any kiln. Each emission limit shall be based on a 12-month rolling basis.\n\nPollutant Emission Limit\n\n(ii) The owner/operator of the kilns identified in paragraph (i)(1) of this section shall not emit or cause to be emitted pollutants in excess of 3.27 tons of NO X  per day and 10.10 tons of SO 2  per day, combined from both kilns, based on a rolling 30-kiln-operating-day basis.\n\n(4)  Compliance dates.  (i) The owner/operator of each kiln shall comply with the NO X  emission limitations and other NO X  -related requirements of this paragraph (i) no later than September 4, 2017.\n\n(ii) The owner/operator of each kiln shall comply with the SO 2  emission limitations and other SO 2  -related requirements of this paragraph (i) no later than March 3, 2016.\n\n(5) [Reserved]\n\n(6)  Compliance determination \u2014(i)  Continuous emission monitoring system.  At all times after the compliance dates specified in paragraph (i)(4) of this section, the owner/operator of kilns 1 and 2 shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.13 and 40 CFR part 60, appendices B and F, to accurately measure diluent, stack gas volumetric flow rate, and concentration by volume of NO X  and SO 2  emissions into the atmosphere from kilns 1 and 2. The CEMS shall be used by the owner/operator to determine compliance with the emission limitations in paragraph (i)(3) of this section, in combination with data on actual lime production. The owner/operator must operate the monitoring system and collect data at all required intervals at all times that an affected kiln is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).\n\n(ii)  Ammonia consumption monitoring.  Upon and after the completion of installation of ammonia injection on a kiln, the owner or operator shall install, and thereafter maintain and operate, instrumentation to continuously monitor and record levels of ammonia consumption for that kiln.\n\n(iii)  Compliance determination for lb per ton NO X  limit.  Compliance with the NO X  emission limits described in paragraph (i)(3)(i) of this section shall be determined based on a rolling 12-month basis. The 12-month rolling NO X  emission rate for each kiln shall be calculated within 30 days following the end of each calendar month in accordance with the following procedure: Step one, sum the hourly pounds of NO X  emitted for the month just completed and the eleven (11) months preceding the month just completed to calculate the total pounds of NO X  emitted over the most recent twelve (12) month period for that kiln; Step two, sum the total lime product, in tons, produced during the month just completed and the eleven (11) months preceding the month just completed to calculate the total lime product produced over the most recent twelve (12) month period for that kiln; Step three, divide the total amount of NO X  calculated from Step one by the total lime product calculated from Step two to calculate the 12-month rolling NO X  emission rate for that kiln. Each 12-month rolling NO X  emission rate shall include all emissions and all lime product that occur during all periods within the 12-month period, including emissions from startup, shutdown, and malfunction.\n\n(iv)  Compliance determination for lb per ton SO 2   limit.  Compliance with the SO 2  emission limits described in paragraph (i)(3)(i) of this section shall be determined based on a rolling 12-month basis. The 12-month rolling SO 2  emission rate for each kiln shall be calculated within 30 days following the end of each calendar month in accordance with the following procedure: Step one, sum the hourly pounds of SO 2  emitted for the month just completed and the eleven (11) months preceding the month just completed to calculate the total pounds of SO 2  emitted over the most recent twelve (12) month period for that kiln; Step two, sum the total lime product, in tons, produced during the month just completed and the eleven (11) months preceding the month just completed to calculate the total lime product produced over the most recent twelve (12) month period for that kiln; Step three, divide the total amount of SO 2  calculated from Step one by the total lime product calculated from Step two to calculate the 12-month rolling SO 2  emission rate for that kiln. Each 12-month rolling SO 2  emission rate shall include all emissions and all lime product that occur during all periods within the 12-month period, including emissions from startup, shutdown, and malfunction.\n\n(v)  Compliance determination for ton per day NO X   limit.  Compliance with the NO X  emission limit described in paragraph (i)(3)(ii) of this section shall be determined based on a rolling 30-kiln-operating-day basis. The rolling 30-kiln operating day NO X  emission rate for the kilns shall be calculated for each kiln operating day in accordance with the following procedure: Step one, sum the hourly pounds of NO X  emitted from both kilns for the current kiln operating day and the preceding twenty-nine (29) kiln-operating-day period for both kilns; Step two, divide the total pounds of NO X  calculated from Step one by two thousand (2,000) to calculate the total tons of NO X ; Step three, divide the total tons of NO X  calculated from Step two by thirty (30) to calculate the rolling 30-kiln operating day NO X  emission rate for both kilns. Each rolling 30-kiln operating day NO X  emission rate shall include all emissions that occur from both kilns during all periods within any kiln operating day, including emissions from startup, shutdown, and malfunction.\n\n(vi)  Compliance determination for ton per day SO 2   limit.  Compliance with the SO 2  emission limit described in paragraph (i)(3)(ii) of this section shall be determined based on a rolling 30-kiln-operating-day basis. The rolling 30-kiln operating day SO 2  emission rate for the kilns shall be calculated for each kiln operating day in accordance with the following procedure: Step one, sum the hourly pounds of SO 2  emitted from both kilns for the current kiln operating day and the preceding twenty-nine (29) kiln operating days, to calculate the total pounds of SO 2  emitted over the most recent thirty (30) kiln operating day period for both kilns; Step two, divide the total pounds of SO 2  calculated from Step one by two thousand (2,000) to calculate the total tons of SO 2 ; Step three, divide the total tons of SO 2  calculated from Step two by thirty (30) to calculate the rolling 30-kiln operating day SO 2  emission rate for both kilns. Each rolling 30-kiln operating day SO 2  emission rate shall include all emissions that occur from both kilns during all periods within any kiln operating day, including emissions from startup, shutdown, and malfunction.\n\n(7)  Recordkeeping.  The owner/operator shall maintain the following records for at least five years:\n\n(i) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.\n\n(ii) All records of lime production.\n\n(iii) Monthly rolling 12-month emission rates of NO X  and SO 2 , calculated in accordance with paragraphs (i)(6)(iii) and (iv) of this section.\n\n(iv) Daily rolling 30-kiln operating day emission rates of NO X  and SO 2  calculated in accordance with paragraphs (i)(6)(v) and (vi) of this section.\n\n(v) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records specified by 40 CFR part 60, appendix F, Procedure 1, as well as the following:\n\n(A) The occurrence and duration of any startup, shutdown, or malfunction, performance testing, evaluations, calibrations, checks, adjustments maintenance, duration of any periods during which a CEMS or COMS is inoperative, and corresponding emission measurements.\n\n(B) Date, place, and time of measurement or monitoring equipment maintenance activity;\n\n(C) Operating conditions at the time of measurement or monitoring equipment maintenance activity;\n\n(D) Date, place, name of company or entity that performed the measurement or monitoring equipment maintenance activity and the methods used; and\n\n(E) Results of the measurement or monitoring equipment maintenance.\n\n(vi) Records of ammonia consumption, as recorded by the instrumentation required in paragraph (i)(6)(ii) of this section.\n\n(vii) Records of all major maintenance activities conducted on emission units, air pollution control equipment, CEMS, and lime production measurement devices.\n\n(viii) All other records specified by 40 CFR part 60, appendix F, Procedure 1.\n\n(8)  Reporting.  All reports required under this section shall be submitted by the owner/operator to the Director, Enforcement Division, U.S. Environmental Protection Agency, Region 9, electronically via email to  aeo__r9@epa.gov.  Any data that are required under this section shall be submitted in Excel format. Reports required under paragraphs (i)(8)(iii) through (v) of this section shall be submitted within 30 days after the applicable compliance date(s) in paragraph (i)(4) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.\n\n(i) Prior to commencing construction of the ammonia injection system, the owner/operator shall submit to EPA a summary report of the design of the SNCR system. Elements of this summary report shall include: Reagent type, description of the locations selected for reagent injection, reagent injection rate (expressed as a molar ratio of reagent to NO X ), equipment list, equipment arrangement, and a summary of kiln characteristics that were relied upon as the design basis for the SNCR system.\n\n(ii) By October 3, 2017, the owner/operator shall submit to EPA a summary of any process improvement or debugging activities that were performed on the SNCR system. Elements of this summary report shall include: a description of each process adjustment performed on the SNCR system, a discussion of whether the adjustment affected NO X  emission rate (including CEMS data that may have been recorded while the adjustment was in progress), a description of the range (if applicable) over which the adjustment was examined, and a discussion of how the adjustment will be reflected or accounted for in kiln operating practices. In addition, to the extent that the owner/operator evaluates the impact of varying reagent injection rate on NO X  emissions, the owner/operator shall include the following information: the range of reagent injection rates evaluated (expressed as a molar ratio of reagent to average NO X  concentration), reagent injection rate, average NO X  concentration, lime production rate, kiln flue gas temperature, and the presence of any detached plumes from the kiln exhaust.\n\n(iii) The owner/operator shall submit a report that lists the daily rolling 30-kiln operating day emission rates for NO X  and SO 2 , calculated in accordance with paragraphs (i)(6)(iii) and (iv) of this section.\n\n(iv) The owner/operator shall submit a report that lists the monthly rolling 12-month emission rates for NO X  and SO 2 , calculated in accordance with paragraphs (i)(6)(v) and (vi) of this section.\n\n(v) The owner/operator shall submit excess emissions reports for NO X  and SO 2  limits. Excess emissions means emissions that exceed any of the emissions limits specified in paragraph (i)(3) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions; specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the kiln; the nature and cause of any malfunction (if known); and the corrective action taken or preventative measures adopted.\n\n(vi) The owner/operator shall submit a summary of CEMS operation, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.\n\n(vii) The owner/operator shall submit results of all CEMS performance tests required by 40 CFR part 60, Appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).\n\n(viiii) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.\n\n(9)  Notifications.  All notifications required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901.\n\n(i) The owner/operator shall submit notification of commencement of construction of any equipment which is being constructed to comply with the NO X  emission limits in paragraph (i)(3) of this section.\n\n(ii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.\n\n(iii) The owner/operator shall submit notification of initial startup of any such equipment.\n\n(10)  Equipment operations.  (i) At all times, including periods of startup, shutdown, and malfunction, the owner/operator shall, to the extent practicable, maintain and operate the kilns, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the kilns.\n\n(ii) After completion of installation of ammonia injection on a kiln, the owner/operator shall inject sufficient ammonia to achieve compliance with the NO X  emission limits from paragraph (i)(3) of this section for that kiln while preventing excessive ammonia emissions.\n\n(11)  Enforcement.  Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the kiln would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed can be used to establish whether or not the owner/operator has violated or is in violation of any standard or applicable emission limit in the plan.\n\n(j)  Source-specific federal implementation plan for regional haze at H. Wilson Sundt Generating Station \u2014(1)  Applicability.  This paragraph (j) applies to the owner/operator of the electricity generating unit (EGU) designated as Unit I4 at the H. Wilson Sundt Generating Station located in Tucson, Pima County, Arizona.\n\n(2)  Definitions.  Terms not defined in this paragraph (j)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (j):\n\nAmmonia injection  shall include any of the following: Anhydrous ammonia, aqueous ammonia, or urea injection.\n\nBoiler operating day  means a 24-hour period between 12 midnight and the following midnight during which any fuel is combusted at any time in the unit.\n\nContinuous emission monitoring system or CEMS  means the equipment required by 40 CFR part 75 and this paragraph (j).\n\nMMBtu  means one million British thermal units.\n\nNatural gas  means a naturally occurring fluid mixture of hydrocarbons as defined in 40 CFR 72.2.\n\nNO X  means oxides of nitrogen.\n\nOwner/operator  means any person who owns or who operates, controls, or supervises the EGU identified in paragraph (j)(1) of this section. PM  means total filterable particulate matter.\n\nPM 10  means total particulate matter less than 10 microns in diameter.\n\nSO 2  means sulfur dioxide.\n\nUnit  means the EGU identified paragraph (j)(1) of this section.\n\n(3)  Emission limitations.  The owner/operator of the unit shall not emit or cause to be emitted pollutants in excess of the following limitations, in pounds of pollutant per million British thermal units (lb/MMBtu), from the subject unit.\n\n(4)  Alternative emission limitations.  The owner/operator of the unit may choose to comply with the following limitations in lieu of the emission limitations listed in paragraph (j)(3) of this section.\n\n(i) The owner/operator of the unit shall combust only natural gas or natural gas combined with landfill gas in the subject unit.\n\n(ii) The owner/operator of the unit shall not emit or cause to be emitted pollutants in excess of the following limitations, in pounds of pollutant per million British thermal units (lb/MMBtu), from the subject unit.\n\n(iii) If the results of the initial performance test conducted in accordance with paragraph (j)(8)(iv) of this section show PM 10  emissions greater than the limit in paragraph (j)(4)(ii) of this section, the owner/operator may elect to comply with an emission limit equal to the result of the initial performance test, in lieu of the PM 10  emission limit in paragraph (j)(4)(ii).\n\n(5)  Compliance dates.  (i) The owner/operator of the unit subject to this paragraph (j)(5) shall comply with the NO X  and SO 2  emission limitations of paragraph (j)(3) of this section no later than September 4, 2017.\n\n(ii) The owner/operator of the unit subject to this paragraph (j)(5) shall comply with the PM emission limitation of paragraph (j)(3) of this section no later than April 16, 2015.\n\n(6)  Alternative compliance dates.  If the owner/operator chooses to comply with paragraph (j)(4) of this section in lieu of paragraph (j)(3) of this section, the owner/operator of the unit shall comply with the NO X , SO 2 , and PM 10  emission limitations of paragraph (j)(4) of this section no later than December 31, 2017.\n\n(7)  Compliance determination \u2014(i)  Continuous emission monitoring system.  (A) At all times after the compliance date specified in paragraph (j)(5)(i) of this section, the owner/operator of the unit shall maintain, calibrate, and operate CEMS, in full compliance with the requirements found at 40 CFR part 75, to accurately measure SO 2 , NO X , diluent, and stack gas volumetric flow rate from the unit. All valid CEMS hourly data shall be used to determine compliance with the emission limitations for NO X  and SO 2  in paragraph (j)(3) of this section. When the CEMS is out-of-control as defined by 40 CFR part 75, the CEMS data shall be treated as missing data and not used to calculate the emission average. Each required CEMS must obtain valid data for at least 90 percent of the unit operating hours, on an annual basis.\n\n(B) The owner/operator of the unit shall comply with the quality assurance procedures for CEMS found in 40 CFR part 75. In addition to the requirements in part 75 of this chapter, relative accuracy test audits shall be calculated for both the NO X  and SO 2  pounds per hour measurement and the heat input measurement. The CEMS monitoring data shall not be bias adjusted. Calculations of relative accuracy for lb/hour of NO X , SO 2 , and heat input shall be performed each time the CEMS undergo relative accuracy testing.\n\n(ii)  Ammonia consumption monitoring.  Upon and after the completion of installation of ammonia injection on the unit, the owner/operator shall install, and thereafter maintain and operate, instrumentation to continuously monitor and record levels of ammonia consumption for that unit.\n\n(iii)  Compliance determination for NO X . Compliance with the NO X  emission limit described in paragraph (j)(3) of this section shall be determined based on a rolling 30 boiler-operating-day basis. The 30-boiler-operating-day rolling NO X  emission rate for the unit shall be calculated for each boiler operating day in accordance with the following procedure: Step one, sum the hourly pounds of NO X  emitted for the current boiler operating day and the preceding twenty-nine (29) boiler operating days to calculate the total pounds of NO X  emitted over the most recent thirty (30) boiler-operating-day period for that unit; Step two, sum the total heat input, in MMBtu, during the current boiler operating day and the preceding twenty-nine (29) boiler operating days to calculate the total heat input over the most recent thirty (30) boiler-operating-day period for that unit; Step three, divide the total amount of NO X  calculated from Step one by the total heat input calculated from Step two to calculate the rolling 30-boiler-operating-day NO X  emission rate, in pounds per MMBtu for that unit. Each rolling 30-boiler-operating-day NO X  emission rate shall include all emissions and all heat input that occur during all periods within any boiler operating day, including emissions from startup, shutdown, and malfunction. If a valid NO X  pounds per hour or heat input is not available for any hour for the unit, that heat input and NO X  pounds per hour shall not be used in the calculation of the rolling 30-boiler-operating-day emission rate.\n\n(iv)  Compliance determination for SO 2 . Compliance with the SO 2  emission limit described in paragraph (j)(3) of this section shall be determined based on a rolling 30 boiler-operating-day basis. The rolling 30-boiler-operating-day SO 2  emission rate for the unit shall be calculated for each boiler operating day in accordance with the following procedure: Step one, sum the hourly pounds of SO 2  emitted for the current boiler operating day and the preceding twenty-nine (29) boiler operating days to calculate the total pounds of SO 2  emitted over the most recent thirty (30) boiler-operating-day period for that unit; Step two, sum the total heat input, in MMBtu, during the current boiler operating day and the preceding twenty-nine (29) boiler operating days to calculate the total heat input over the most recent thirty (30) boiler-operating-day period for that unit; Step three, divide the total amount of SO 2  calculated from Step one by the total heat input calculated from Step two to calculate the rolling 30-boiler-operating-day SO 2  emission rate, in pounds per MMBtu for that unit. Each rolling 30-boiler-operating-day SO 2  emission rate shall include all emissions and all heat input that occur during all periods within any boiler operating day, including emissions from startup, shutdown, and malfunction. If a valid SO 2  pounds per hour or heat input is not available for any hour for the unit, that heat input and SO 2  pounds per hour shall not be used in the calculation of the rolling 30-boiler-operating-day emission rate.\n\n(v)  Compliance determination for PM.  Compliance with the PM emission limit described in paragraph (j)(3) of this section shall be determined from annual performance stack tests. Within sixty (60) days either preceding or following the compliance deadline specified in paragraph (j)(5)(ii) of this section, and on at least an annual basis thereafter, the owner/operator of the unit shall conduct a stack test on the unit to measure PM using EPA Methods 1 through 5, in 40 CFR part 60, appendix A. Each test shall consist of three runs, with each run at least one hundred twenty (120) minutes in duration and each run collecting a minimum sample of sixty (60) dry standard cubic feet. Results shall be reported in lb/MMBtu using the calculation in 40 CFR part 60, appendix A, Method 19.\n\n(8)  Alternative compliance determination.  If the owner/operator chooses to comply with the emission limits of paragraph (j)(4) of this section, this paragraph (j)(8) may be used in lieu of paragraph (j)(7) of this section to demonstrate compliance with the emission limits in paragraph (j)(4) of this section.\n\n(i)  Continuous emission monitoring system.  (A) At all times after the compliance date specified in paragraph (j)(6) of this section, the owner/operator of the unit shall maintain, calibrate, and operate CEMS, in full compliance with the requirements found at 40 CFR part 75, to accurately measure NO X , diluent, and stack gas volumetric flow rate from the unit. All valid CEMS hourly data shall be used to determine compliance with the emission limitation for NO X  in paragraph (j)(4) of this section. When the CEMS is out-of-control as defined by 40 CFR part 75, the CEMS data shall be treated as missing data and not used to calculate the emission average. Each required CEMS must obtain valid data for at least ninety (90) percent of the unit operating hours, on an annual basis.\n\n(B) The owner/operator of the unit shall comply with the quality assurance procedures for CEMS found in 40 CFR part 75. In addition to these part 75 requirements, relative accuracy test audits shall be calculated for both the NO X  pounds per hour measurement and the heat input measurement. The CEMS monitoring data shall not be bias adjusted. Calculations of relative accuracy for lb/hr of NO X  and heat input shall be performed each time the CEMS undergo relative accuracy testing.\n\n(ii)  Compliance determination for NO X . Compliance with the NO X  emission limit described in paragraph (j)(4) of this section shall be determined based on a rolling 30 boiler-operating-day basis. The rolling 30-boiler-operating-day NO X  emission rate for the unit shall be calculated for each boiler operating day in accordance with the following procedure: Step one, sum the hourly pounds of NO X  emitted for the current boiler operating day and the preceding twenty-nine (29) boiler-operating-days to calculate the total pounds of NO X  emitted over the most recent thirty (30) boiler-operating-day period for that unit; Step two, sum the total heat input, in MMBtu, during the current boiler operating day and the preceding twenty-nine (29) boiler-operating-days to calculate the total heat input over the most recent thirty (30) boiler-operating-day period for that unit; Step three, divide the total amount of NO X  calculated from Step one by the total heat input calculated from Step two to calculate the rolling 30-boiler-operating-day NO X  emission rate, in pounds per MMBtu for that unit. Each rolling 30-boiler-operating-day NO X  emission rate shall include all emissions and all heat input that occur during all periods within any boiler operating day, including emissions from startup, shutdown, and malfunction. If a valid NO X  pounds per hour or heat input is not available for any hour for the unit, that heat input and NO X  pounds per hour shall not be used in the calculation of the rolling 30-boiler-operating-day emission rate.\n\n(iii)  Compliance determination for SO 2 . Compliance with the SO 2  emission limit for the unit shall be determined from fuel sulfur documentation demonstrating the use of either natural gas or natural gas combined with landfill gas.\n\n(iv)  Compliance determination for PM 10 . Compliance with the PM 10  emission limit for the unit shall be determined from performance stack tests. Within sixty (60) days following the compliance deadline specified in paragraph (j)(6) of this section, and at the request of the Regional Administrator thereafter, the owner/operator of the unit shall conduct a stack test on the unit to measure PM 10  using EPA Methods 1 through 4, 201A, and Method 202, per 40 CFR part 51, appendix M. Each test shall consist of three runs, with each run at least one hundred twenty (120) minutes in duration and each run collecting a minimum sample of sixty (60) dry standard cubic feet. Results shall be reported in lb/MMBtu using the calculation in 40 CFR part 60, appendix A, Method 19.\n\n(9)  Recordkeeping.  The owner/operator shall maintain the following records for at least five years:\n\n(i) CEMS data measuring NO X  in lb/hr, SO 2  in lb/hr, and heat input rate per hour.\n\n(ii) Daily rolling 30-boiler operating day emission rates of NO X  and SO 2  calculated in accordance with paragraphs (j)(7)(iii) and (iv) of this section.\n\n(iii) Records of the relative accuracy test for NO X  lb/hr and SO 2  lb/hr measurement, and hourly heat input measurement.\n\n(iv) Records of quality assurance and quality control activities for emissions systems including, but not limited to, any records required by 40 CFR part 75.\n\n(v) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.\n\n(vi) Any other records required by 40 CFR part 75.\n\n(vii) Records of ammonia consumption for the unit, as recorded by the instrumentation required in paragraph (j)(7)(ii) of this section.\n\n(viii) All PM stack test results.\n\n(10)  Alternative recordkeeping requirements.  If the owner/operator chooses to comply with the emission limits of paragraph (j)(4) of this section, the owner/operator shall maintain the records listed in this paragraph (j)(10) in lieu of the records contained in paragraph (j)(9) of this section. The owner/operator shall maintain the following records for at least five years:\n\n(i) CEMS data measuring NO X  in lb/hr and heat input rate per hour.\n\n(ii) Daily rolling 30-boiler operating day emission rates of NO X  calculated in accordance with paragraph (j)(8)(ii) of this section.\n\n(iii) Records of the relative accuracy test for NO X  lb/hr measurement and hourly heat input measurement.\n\n(iv) Records of quality assurance and quality control activities for emissions systems including, but not limited to, any records required by 40 CFR part 75.\n\n(v) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.\n\n(vi) Any other records required by 40 CFR part 75.\n\n(vii) Records sufficient to demonstrate that the fuel for the unit is natural gas or natural gas combined with landfill gas.\n\n(viii) All PM 10  stack test results.\n\n(11)  Notifications.  All notifications required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901.\n\n(i) By March 31, 2017, the owner/operator shall submit notification by letter whether it will comply with the emission limits in paragraph (j)(3) of this section or whether it will comply with the emission limits in paragraph (j)(4) of this section. In the event that the owner/operator does not submit timely and proper notification by March 31, 2017, the owner/operator may not choose to comply with the alternative emission limits in paragraph (j)(4) of this section and shall comply with the emission limits in paragraph (j)(3) of this section.\n\n(ii) The owner/operator shall submit notification of commencement of construction of any equipment which is being constructed to comply with either the NO X  or SO 2  emission limits in paragraph (j)(3) of this section.\n\n(iii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.\n\n(iv) The owner/operator shall submit notification of initial startup of any such equipment.\n\n(v) The owner/operator shall submit notification of its intent to comply with the PM 10  emission limit in paragraph (j)(4)(iii) of this section within one hundred twenty (120) days following the compliance deadline specified in paragraph (j)(6) of this section. The notification shall include results of the initial performance test and the resulting applicable emission limit.\n\n(12)  Reporting.  All reports required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901. All reports required under this section shall be submitted within 30 days after the applicable compliance date(s) in paragraph (j)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.\n\n(i) The owner/operator shall submit a report that lists the daily rolling 30-boiler operating day emission rates for NO X  and SO 2 .\n\n(ii) The owner/operator shall submit excess emission reports for NO X  and SO 2  limits. Excess emissions means emissions that exceed the emission limits specified in paragraph (j)(3) of this section. Excess emission reports shall include the magnitude, date(s), and duration of each period of excess emissions; specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit; the nature and cause of any malfunction (if known); and the corrective action taken or preventative measures adopted.\n\n(iii) The owner/operator shall submit a summary of CEMS operation, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.\n\n(iv) The owner/operator shall submit the results of any relative accuracy test audits performed during the two preceding calendar quarters.\n\n(v) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.\n\n(vi) The owner/operator shall submit results of any PM stack tests conducted for demonstrating compliance with the PM limit specified in paragraph (j)(3) of this section.\n\n(13)  Alternative reporting requirements.  If the owner/operator chooses to comply with the emission limits of paragraph (j)(4) of this section, the owner/operator shall submit the reports listed in this paragraph (j)(13) in lieu of the reports contained in paragraph (j)(12) of this section. All reports required under this paragraph (j)(13) shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901. All reports required under this paragraph (j)(13) shall be submitted within 30 days after the applicable compliance date(s) in paragraph (j)(6) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.\n\n(i) The owner/operator shall submit a report that lists the daily rolling 30-boiler operating day emission rates for NO X .\n\n(ii) The owner/operator shall submit excess emissions reports for NO X  limits. Excess emissions means emissions that exceed the emission limit specified in paragraph (j)(4) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions; specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit; the nature and cause of any malfunction (if known); and the corrective action taken or preventative measures adopted.\n\n(iii) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.\n\n(iv) The owner/operator shall submit the results of any relative accuracy test audits performed during the two preceding calendar quarters.\n\n(v) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.\n\n(vi) The owner/operator shall submit results of any PM 10  stack tests conducted for demonstrating compliance with the PM 10  limit specified in paragraph (j)(4) of this section.\n\n(14)  Equipment operations.  (i) At all times, including periods of startup, shutdown, and malfunction, the owner/operator shall, to the extent practicable, maintain and operate the unit, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the unit.\n\n(ii) After completion of installation of ammonia injection on a unit, the owner/operator shall inject sufficient ammonia to achieve compliance with the NO X  emission limit contained in paragraph (j)(3) of this section for that unit while preventing excessive ammonia emissions.\n\n(15)  Enforcement.  Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the unit would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed can be used to establish whether or not the owner/operator has violated or is in violation of any standard or applicable emission limit in the plan.\n\n(k)  Source-specific federal implementation plan for regional haze at Clarkdale Cement Plant and Rillito Cement Plant \u2014(1)  Applicability.  This paragraph (k) applies to each owner/operator of the following cement kilns in the state of Arizona: Kiln 4 located at the cement plant in Clarkdale, Arizona, and kiln 4 located at the cement plant in Rillito, Arizona.\n\n(2)  Definitions.  Terms not defined in this paragraph (k)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (k):\n\nAmmonia injection  shall include any of the following: Anhydrous ammonia, aqueous ammonia or urea injection.\n\nContinuous emission monitoring system or CEMS  means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system), a permanent record of NO X  emissions, diluent, or stack gas volumetric flow rate.\n\nKiln operating day  means a 24-hour period between 12 midnight and the following midnight during which the kiln operates at any time.\n\nKiln operation  means any period when any raw materials are fed into the kiln or any period when any combustion is occurring or fuel is being fired in the kiln.\n\nNO X  means nitrogen oxides.\n\nOwner/operator  means any person who owns or who operates, controls, or supervises a cement kiln identified in paragraph (k)(1) of this section.\n\nUnit  means a cement kiln identified in paragraph (k)(1) of this section.\n\n(3)  Emissions limitations.  (i) The owner/operator of kiln 4 of the Clarkdale Plant, as identified in paragraph (k)(1) of this section, shall not emit or cause to be emitted from kiln 4 NO X  in excess of 2.12 pounds of NO X  per ton of clinker produced, based on a rolling 30-kiln operating day basis.\n\n(ii) The owner/operator of kiln 4 of the Rillito Plant, as identified in paragraph (k)(1) of this section, shall not emit or cause to be emitted from kiln 4 NO X  in excess of 3.46 pounds of NO X  per ton of clinker produced, based on a rolling 30-kiln operating day basis.\n\n(4)  Alternative emissions limitation.  In lieu of the emission limitation listed in paragraph (k)(3)(i) of this section, the owner/operator of kiln 4 of the Clarkdale Plant may choose to comply with the following limitation by providing notification per paragraph (k)(13)(iv) of this section. The owner/operator of kiln 4 of the Clarkdale Plant, as identified in paragraph (k)(1) of this section, shall not emit or cause to be emitted from kiln 4 NO X  in excess of 810 tons per year, based on a rolling 12-month basis.\n\n(5)  Compliance date.  (i) The owner/operator of each unit identified in paragraph (k)(1) of this section shall comply with the NO X  emissions limitations and other NO X -related requirements of this paragraph (k)(3) of this section no later than December 31, 2018.\n\n(ii) If the owner/operator of the Clarkdale Plant chooses to comply with the emission limit of paragraph (k)(4) of this section in lieu of paragraph (k)(3)(i) of this section, the owner/operator shall comply with the NO X  emissions limitations and other NO X -related requirements of paragraph (k)(4) of this section no later than December 31, 2018.\n\n(6) [Reserved]\n\n(7)  Compliance determination \u2014\n\n(i)  Continuous emission monitoring system.  (A) At all times after the compliance date specified in paragraph (k)(5) of this section, the owner/operator of the unit at the Clarkdale Plant shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.63(f) and (g), to accurately measure concentration by volume of NO X,  diluent, and stack gas volumetric flow rate from the in-line/raw mill stack, as well as the stack gas volumetric flow rate from the coal mill stack. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (k)(3) of this section, in combination with data on actual clinker production. The owner/operator must operate the monitoring system and collect data at all required intervals at all times the affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).\n\n(B) At all times after the compliance date specified in paragraph (k)(5) of this section, the owner/operator of the unit at the Rillito Plant shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.63(f) and (g), to accurately measure concentration by volume of NO X , diluent, and stack gas volumetric flow rate from the unit. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (k)(3) of this section, in combination with data on actual clinker production. The owner/operator must operate the monitoring system and collect data at all required intervals at all times the affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).\n\n(ii)  Methods.  (A) The owner/operator of each unit shall record the daily clinker production rates.\n\n(B)( 1 ) The owner/operator of each unit shall calculate and record the 30-kiln operating day average emission rate of NO X,  in pounds per ton (lb/ton) of clinker produced, as the total of all hourly emissions data for the cement kiln in the preceding 30-kiln operating days, divided by the total tons of clinker produced in that kiln during the same 30-day operating period, using the following equation:\n\nWhere:\n \n E[D] = 30 kiln operating day average emission rate of NO X , lb/ton of clinker;\n \n C[i] = Concentration of NO X  for hour i as recorded by the CEMS required by paragraph (k)(7)(i) of this section, ppm;\n \n Q[i] = volumetric flow rate of effluent gas for hour i as recorded by the CEMS required by paragraph (k)(7)(i) of this section, where C[i] and Q[i] are on the same basis (either wet or dry), scf/hr;\n \n P[i] = total kiln clinker produced during production hour i, ton/hr;\n \n k = conversion factor, 1.194 \u00d7 10 \u22127  for NO X ; and\n \n n = number of kiln operating hours over 30 kiln operating days, n = 1 up to 720.\n\nWhere:\n\nE[D] = 30 kiln operating day average emission rate of NO X , lb/ton of clinker;\n\nC[i] = Concentration of NO X  for hour i as recorded by the CEMS required by paragraph (k)(7)(i) of this section, ppm;\n\nQ[i] = volumetric flow rate of effluent gas for hour i as recorded by the CEMS required by paragraph (k)(7)(i) of this section, where C[i] and Q[i] are on the same basis (either wet or dry), scf/hr;\n\nP[i] = total kiln clinker produced during production hour i, ton/hr;\n\nk = conversion factor, 1.194 \u00d7 10 \u22127  for NO X ; and\n\nn = number of kiln operating hours over 30 kiln operating days, n = 1 up to 720.\n\n( 2 ) For each kiln operating hour for which the owner/operator does not have at least one valid 15-minute CEMS data value, the owner/operator must use the average emissions rate in pounds per ton (lb/hr) from the most recent previous hour for which valid data are available. Hourly clinker production shall be determined by the owner/operator in accordance with the requirements found at 40 CFR 60.63(b).\n\n(C) At the end of each kiln operating day, the owner/operator shall calculate and record a new 30-day rolling average emission rate in lb/ton clinker from the arithmetic average of all valid hourly emission rates for the current kiln operating day and the previous 29 successive kiln operating days.\n\n(D) Upon and after the completion of installation of ammonia injection on a unit, the owner/operator shall install, and thereafter maintain and operate, instrumentation to continuously monitor and record levels of ammonia injection for that unit.\n\n(8)  Alternative compliance determination.  If the owner/operator of the Clarkdale Plant chooses to comply with the emission limits of paragraph (k)(4) of this section, this paragraph may be used in lieu of paragraph (k)(7) of this section to demonstrate compliance with the emission limits in paragraph (k)(4) of this section.\n\n(i)  Continuous emission monitoring system.  At all times after the compliance date specified in paragraph (k)(5) of this section, the owner/operator of the unit at the Clarkdale Plant shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.63(f) and (g), to accurately measure concentration by volume of NO X,  diluent, and stack gas volumetric flow rate from the in-line/raw mill stack, as well as the stack gas volumetric flow rate from the coal mill stack. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (k)(4) of this section. The owner/operator must operate the monitoring system and collect data at all required intervals at all times the affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).\n\n(ii)  Method.  Compliance with the ton per year NO X  emission limit described in paragraph (k)(4) of this section shall be determined based on a rolling 12-month basis. The rolling 12-month NO X  emission rate for the kiln shall be calculated within 30 days following the end of each calendar month in accordance with the following procedure: Step one, sum the hourly pounds of NO X  emitted for the month just completed and the eleven (11) months preceding the month just completed, to calculate the total pounds of NO X  emitted over the most recent twelve (12) month period for that kiln; Step two, divide the total pounds of NO X  calculated from Step one by two thousand (2,000) to calculate the total tons of NO X.  Each rolling 12-month NO X  emission rate shall include all emissions that occur during all periods within the 12-month period, including emissions from startup, shutdown and malfunction.\n\n(iii) Upon and after the completion of installation of ammonia injection on the unit, the owner/operator shall install, and thereafter maintain and operate, instrumentation to continuously monitor and record levels of ammonia injection for that unit.\n\n(9)  Recordkeeping.  The owner/operator of each unit shall maintain the following records for at least five years:\n\n(i) All CEMS data, including the date, place, and time of sampling or measurement; emissions and parameters sampled or measured; and results.\n\n(ii) All records of clinker production.\n\n(iii) Daily 30-day rolling emission rates of NO X , calculated in accordance with paragraph (k)(7)(ii) of this section.\n\n(iv) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records specified by 40 CFR part 60, Appendix F, Procedure 1.\n\n(v) Records of ammonia injection, as recorded by the instrumentation required in paragraph (k)(7)(ii)(D) of this section.\n\n(vi) Records of all major maintenance activities conducted on emission units, air pollution control equipment, CEMS and clinker production measurement devices.\n\n(vii) Any other records specified by 40 CFR part 60, subpart F, or 40 CFR part 60, Appendix F, Procedure 1.\n\n(10)  Alternative recordkeeping requirements.  If the owner/operator of the Clarkdale Plant chooses to comply with the emission limits of paragraph (k)(4) of this section, the owner/operator shall maintain the records listed in this paragraph in lieu of the records contained in paragraph (k)(9) of this section. The owner or operator shall maintain the following records for at least five years:\n\n(i) All CEMS data, including the date, place, and time of sampling or measurement; emissions and parameters sampled or measured; and results.\n\n(ii) Monthly rolling 12-month emission rates of NO X , calculated in accordance with paragraph (k)(8)(ii) of this section.\n\n(iii) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records specified by 40 CFR part 60, Appendix F, Procedure 1.\n\n(iv) Records of ammonia injection, as recorded by the instrumentation required in paragraph (k)(8)(iii) of this section.\n\n(v) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS measurement devices.\n\n(vi) Any other records specified by 40 CFR part 60, subpart F, or 40 CFR part 60, Appendix F, Procedure 1.\n\n(11)  Reporting.  All reports and notifications required under this paragraph (k) shall be submitted by the owner/operator to U.S. Environmental Protection Agency, Region 9, Enforcement Division via electronic mail to  aeo__r9@epa.gov  and to Air Division via electronic mail to  R9AirPermits@epa.gov.  Reports required under this paragraph (k)(11)(iii) through (k)(11)(vii) of this section shall be submitted within 30 days after the applicable compliance date in paragraph (k)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.\n\n(i) Prior to commencing construction of the ammonia injection system, the owner/operator shall submit to the EPA a report describing the design of the SNCR system. This report shall include: reagent type, description of the locations selected for reagent injection, reagent injection rate (expressed as a molar ratio of reagent to exhaust gas), equipment list, equipment arrangement, and a summary of kiln characteristics that were relied upon as the design basis for the SNCR system.\n\n(ii) Within 30 days following the NO X  compliance date in paragraph (k)(5)(i) of this section, the owner/operator shall submit to the EPA a report of any process improvement or debugging activities that were performed on the SNCR system. This report shall include: a description of each process adjustment performed on the SNCR system or the kiln, a discussion of whether the adjustment affected NO X  emission rates, a description of the range (if applicable) over which the adjustment was examined, and a discussion of how the adjustment will be reflected or accounted for in kiln operating practices. If CEMS data or kiln operating data were recorded during process improvement or debugging activities, the owner/operator shall submit the recorded CEMS and kiln operating data with the report. The data shall be submitted in an electronic format consistent with and able to be manipulated by a spreadsheet program such as Microsoft Excel.\n\n(iii) The owner/operator shall submit a report that lists the daily 30-day rolling emission rates for NO X .\n\n(iv) The owner/operator shall submit excess emissions reports for NO X  limits. Excess emissions means emissions that exceed the emissions limits specified in paragraph (k)(3) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted.\n\n(v) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.\n\n(vi) The owner/operator shall also submit results of any CEMS performance tests specified by 40 CFR part 60, Appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).\n\n(vii) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the reports required by paragraph (k)(9)(ii) of this section.\n\n(12)  Alternative reporting requirements.  If the owner/operator of the Clarkdale Plant chooses to comply with the emission limits of paragraph (k)(4) of this section, the owner/operator shall submit the reports listed in this paragraph in lieu of the reports contained in paragraph (k)(11) of this section. All reports required under this paragraph (k)(12) shall be submitted within 30 days after the applicable compliance date in paragraph (k)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.\n\n(i) The owner/operator shall submit a report that lists the monthly rolling 12-month emission rates for NO X .\n\n(ii) The owner/operator shall submit excess emissions reports for NO X  limits. Excess emissions means emissions that exceed the emissions limits specified in paragraph (k)(3) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted.\n\n(iii) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments.\n\n(iv) The owner/operator shall also submit results of any CEMS performance tests specified by 40 CFR part 60, Appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).\n\n(v) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the reports required by paragraph (k)(9)(ii) of this section.\n\n(13)  Notifications.  (i) The owner/operator shall submit notification of commencement of construction of any equipment which is being constructed to comply with the NO X  emission limits in paragraph (k)(3) of this section.\n\n(ii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.\n\n(iii) The owner/operator shall submit notification of initial startup of any such equipment.\n\n(iv) By June 30, 2018, the owner/operator of the Clarkdale Plant shall notify EPA Region 9 by letter whether it will comply with the emission limits in paragraph (k)(3)(i) of this section or whether it will comply with the emission limits in paragraph (k)(4) of this section. In the event that the owner/operator does not submit timely and proper notification by June 30, 2018, the owner/operator of the Clarkdale Plant may not choose to comply with the alternative emission limits in paragraph (k)(4) of this section and shall comply with the emission limits in paragraph (k)(3)(i) of this section.\n\n(14)  Equipment operation.  (i) At all times, including periods of startup, shutdown, and malfunction, the owner or operator shall, to the extent practicable, maintain and operate the unit including associated air pollution control equipment in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the unit.\n\n(ii) After completion of installation of ammonia injection on a unit, the owner or operator shall inject sufficient ammonia to achieve compliance with NO X  emission limits set forth in paragraph (k)(3) of this section for that unit while preventing excessive ammonia emissions.\n\n(15)  Enforcement.  Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the unit would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or not the owner or operator has violated or is in violation of any standard or applicable emission limit in the plan.\n\n(l)  Source-specific federal implementation plan for regional haze at Hayden Copper Smelter \u2014(1)  Applicability.  This paragraph (l) applies to each owner/operator of batch copper converters #1, 3, 4 and 5 and anode furnaces #1 and #2 at the copper smelting plant located in Hayden, Gila County, Arizona.\n\n(2)  Definitions.  Terms not defined in this paragraph (l)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (l):\n\nAnode furnace  means a furnace in which molten blister copper is refined through introduction of a reducing agent such as natural gas.\n\nBatch copper converter  means a Peirce-Smith converter in which copper matte is oxidized to form blister copper by a process that is performed in discrete batches using a sequence of charging, blowing, skimming, and pouring.\n\nBlister copper  means an impure form of copper, typically between 96 and 98 percent pure copper that is the output of the converters.\n\nCalendar day  means a 24 hour period that begins and ends at midnight, local standard time.\n\nCapture system  means the collection of components used to capture gases and fumes released from one or more emission points, and to convey the captured gases and fumes to one or more control devices. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: Duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.\n\nContinuous emission monitoring system or CEMS  means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of SO 2  emissions, other pollutant emissions, diluent, or stack gas volumetric flow rate.\n\nCopper matte  means a material predominately composed of copper and iron sulfides produced by smelting copper ore concentrates.\n\nNO X  means nitrogen oxides.\n\nOwner/operator  means any person who owns or who operates, controls, or supervises the equipment identified in paragraph (l)(1) of this section.\n\nRegional Administrator  means the Regional Administrator of EPA Region 9 or his or her designated representative.\n\nSO 2  means sulfur dioxide.\n\n(3)  Emission capture.  (i) The owner/operator must operate a capture system that has been designed to maximize collection of process off gases vented from each converter identified in paragraph (l)(1) of this section. The capture system must include primary and secondary capture systems as described in 40 CFR 63.1444(d)(2).\n\n(ii) The operation of the batch copper converters, primary capture system, and secondary capture system shall be optimized to capture the maximum amount of process off gases vented from each converter at all times.\n\n(iii) The owner/operator shall prepare a written operation and maintenance plan according to the requirements in paragraph (l)(3)(iv) of this section and submit this plan to the Regional Administrator 180 days prior to the compliance date in paragraph (l)(5)(ii) of this section. The Regional Administrator shall approve or disapprove the plan within 180 days of submittal. At all times when one or more converters are blowing, the owner/operator must operate the capture system consistent with this plan.\n\n(iv) The written operations and maintenance plan must address the following requirements as applicable to the capture system or control device.\n\n(A)  Preventative maintenance.  The owner/operator must perform preventative maintenance for each capture system and control device according to written procedures specified in owner/operator's operation and maintenance plan. The procedures must include a preventative maintenance schedule that is consistent with the manufacturer's or engineer's instructions for routine and long-term maintenance.\n\n(B)  Capture system inspections.  The owner/operator must perform capture system inspections for each capture system in accordance with the requirements of 40 CFR 63.1447(b)(2).\n\n(C)  Copper converter department capture system operating limits.  The owner/operator must establish, according to the requirements 40 CFR 63.1447(b)(3)(i) through (iii), operating limits for the capture system that are representative and reliable indicators of the optimized performance of the capture system, consistent with paragraph (l)(3)(ii) of this section, when it is used to collect the process off-gas vented from batch copper converters during blowing.\n\n(4)  Emission limitations and work practice standards.  (i) SO 2  emissions collected by any primary capture system required by paragraph (l)(3) of this section must be controlled by one or more control devices and reduced by at least 99.8 percent, based on a 365-day rolling average.\n\n(ii) SO 2  emissions collected by any secondary capture system required by paragraph (l)(3) of this section must be controlled by one or more control devices and reduced by at least 98.5 percent, based on a 365-day rolling average.\n\n(iii) The owner/operator must not cause or allow to be discharged to the atmosphere from any primary capture system required by paragraph (l)(3) of this section off-gas that contains nonsulfuric acid particulate matter in excess of 6.2 mg/dscm as measured using the test methods specified in 40 CFR 63.1450(b).\n\n(iv) The owner/operator must not cause or allow to be discharged to the atmosphere from any secondary capture system required by paragraph (l)(3) of this section off-gas that contains particulate matter in excess of 23 mg/dscm as measured using the test methods specified in 40 CFR 63.1450(a).\n\n(v) Total NO X  emissions from anode furnaces #1 and #2 and the batch copper converters shall not exceed 40 tons per 12-continuous month period.\n\n(vi) Anode furnaces #1 and #2 shall only be charged with blister copper or higher purity copper. This charging limitation does not extend to the use or addition of poling or fluxing agents necessary to achieve final casting chemistry.\n\n(5)  Compliance dates.  (i) The owner/operator of each batch copper converter identified in paragraph (l)(1) of this section shall comply with the emissions limitations in paragraphs (l)(4)(ii) and (l)(4)(iv) of this section and other requirements of this section related to the secondary capture system no later than September 3, 2018.\n\n(ii) The owner/operator of each batch copper converter identified in paragraph (l)(1) of this section shall comply with the emissions limitations in paragraphs (l)(4)(i), (l)(4)(iii), (l)(4)(v), and (l)(4)(vi) of this section and other requirements of this section, except those requirements related to the secondary capture system, no later than September 4, 2017.\n\n(6)  Compliance determination \u2014(i)  Continuous emission monitoring system.  At all times after the compliance date specified in paragraph (l)(5) of this section, the owner/operator of each batch copper converter identified in paragraph (l)(1) of this section shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.13 and 40 CFR part 60, appendices B and F, to accurately measure the mass emission rate in pounds per hour of SO 2  emissions entering each control device used to control emissions from the converters, and venting from the converters to the atmosphere after passing through a control device or an uncontrolled bypass stack. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (l)(4) of this section. The owner/operator must operate the monitoring system and collect data at all required intervals at all times that an affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).\n\n(ii)  Compliance determination for SO 2   limit for the converters.  The 365-day rolling SO 2  emission control efficiency for the converters shall be calculated separately for the primary capture system and the secondary capture system for each calendar day in accordance with the following procedure: Step one, sum the hourly pounds of SO 2  vented to each uncontrolled bypass stack and to each control device used to control emissions from the converters for the current calendar day and the preceding three-hundred-sixty-four (364) calendar days, to calculate the total pounds of pre-control SO 2  emissions over the most recent three-hundred-sixty-five (365) calendar day period; Step two, sum the hourly pounds of SO 2  vented to each uncontrolled bypass stack and emitted from the release point of each control device used to control emissions from the converters for the current calendar day and the preceding three-hundred-sixty-four (364) calendar days, to calculate the total pounds of post-control SO 2  emissions over the most recent three-hundred-sixty-five (365) calendar day period; Step three, divide the total amount of post-control SO 2  emissions calculated from Step two by the total amount of pre-control SO 2  emissions calculated from Step one, subtract the resulting ratio from one, and multiply the difference by 100 percent to calculate the 365-day rolling SO 2  emission control efficiency as a percentage.\n\n(iii)  Compliance determination for nonsulfuric acid particulate matter.  Compliance with the emission limit for nonsulfuric acid particulate matter in paragraph (l)(4)(iii) of this section shall be demonstrated by the procedures in 40 CFR 63.1451(b) and 63.1453(a)(2). The owner/operator shall conduct an initial compliance test within 180 days after the compliance date specified in paragraph (l)(5) of this section unless a test performed according to the procedures in 40 CFR 63.1450 in the past year shows compliance with the limit.\n\n(iv)  Compliance determination for particulate matter.  Compliance with the emission limit for particulate matter in paragraph (l)(4)(iv) of this section shall be demonstrated by the procedures in 40 CFR 63.1451(a) and 63.1453(a)(1). The owner/operator shall conduct an initial compliance test within 180 days after the compliance date specified in paragraph (l)(5) of this section unless a test performed according to the procedures in 40 CFR 63.1450 in the past year shows compliance with the limit.\n\n(v)  Compliance determination for NO X . Compliance with the emission limit for NO X  in paragraph (l)(4)(v) of this section shall be demonstrated by monitoring natural gas consumption in each of the units identified in paragraph (l)(1) of this section for each calendar day. At the end of each calendar month, the owner/operator shall calculate 12-consecutive month NO X  emissions by multiplying the daily natural gas consumption rates for each unit by an approved emission factor and adding the sums for all units over the previous 12-consecutive month period.\n\n(7)  Alternatives to requirements to install CEMS.  The requirement in paragraph (l)(6)(i) of this section to install CEMS to measure the mass of SO 2  entering a control device or venting to the atmosphere through uncontrolled bypass stacks will be waived if the owner/operator complies with one of the options in this paragraph (l)(7).\n\n(i)  Acid plants.  The owner/operator may calculate the pounds of SO 2  entering an acid plant during a calendar day by adding the pounds of SO 2  emitted through the acid plant tail stack and 0.653 times the daily production of anhydrous sulfuric acid from the acid plant.\n\n(ii)  Uncontrolled bypass stack.  The owner/operator may calculate the pounds of SO 2  venting to the atmosphere through an uncontrolled bypass stack based on test data provided the facility operates according to a startup, shutdown, and malfunction plan consistent with 40 CFR 63.6(e)(3) and the Regional Administrator has approved a calculation methodology for planned and unplanned bypass events.\n\n(8)  Capture system monitoring.  For each operating limit established under the capture system operation and maintenance plan required by paragraph (l)(4) of this section, the owner/operator must install, operate, and maintain an appropriate monitoring device according to the requirements in 40 CFR 63.1452(a)(1) through (6) to measure and record the operating limit value or setting at all times the required capture system is operating. Dampers that are manually set and remain in the same position at all times the capture system is operating are exempted from these monitoring requirements.\n\n(9)  Recordkeeping.  The owner/operator shall maintain the following records for at least five years:\n\n(i) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.\n\n(ii) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records required by 40 CFR part 60, appendix F, Procedure 1.\n\n(iii) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.\n\n(iv) Any other records required by 40 CFR part 60, subpart F, or 40 CFR part 60, appendix F, Procedure 1.\n\n(v) Records of all monitoring required by paragraph (l)(8) of this section.\n\n(vi) Records of daily sulfuric acid production in tons per day of pure, anhydrous sulfuric acid if the owner/operator chooses to use the alternative compliance determination method in paragraph (l)(7)(i) of this section.\n\n(vii) Records of planned and unplanned bypass events and calculations used to determine emissions from bypass events if the owner/operator chooses to use the alternative compliance determination method in paragraph (l)(7)(ii) of this section.\n\n(viii) Records of daily natural gas consumption in each units identified in paragraph (l)(1) of this section and all calculations performed to demonstrate compliance with the limit in paragraph (l)(4)(vi) of this section.\n\n(10)  Reporting.  All reports required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901. All reports required under this section shall be submitted within 30 days after the applicable compliance date in paragraph (l)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.\n\n(i) The owner/operator shall promptly submit excess emissions reports for the SO 2  limit. Excess emissions means emissions that exceed the emissions limit specified in paragraph (d) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted. For the purpose of this paragraph (l)(10)(i), promptly shall mean within 30 days after the end of the month in which the excess emissions were discovered.\n\n(ii) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments. The owner/operator shall submit reports semiannually.\n\n(iii) The owner/operator shall also submit results of any CEMS performance tests required by 40 CFR part 60, appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).\n\n(iv) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.\n\n(v) When performance testing is required to determine compliance with an emission limit in paragraph (l)(4) of this section, the owner/operator shall submit test reports as specified in 40 CFR part 63, subpart A.\n\n(11)  Notifications.  (i) The owner/operator shall notify EPA of commencement of construction of any equipment which is being constructed to comply with the capture or emission limits in paragraph (l)(3) or (4) of this section.\n\n(ii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.\n\n(iii) The owner/operator shall submit notification of initial startup of any such equipment.\n\n(12)  Equipment operations.  At all times, including periods of startup, shutdown, and malfunction, the owner or operator shall, to the extent practicable, maintain and operate the unit including associated air pollution control equipment in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the unit.\n\n(13)  Enforcement.  Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the unit would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or not the owner or operator has violated or is in violation of any standard or applicable emission limit in the plan.\n\n(m)  Source-specific federal implementation plan for regional haze at Miami Copper Smelter \u2014(1)  Applicability.  This paragraph (m) applies to each owner/operator of batch copper converters 2, 3, 4 and 5 and the electric furnace at the copper smelting plant located in Miami, Gila County, Arizona.\n\n(2)  Definitions.  Terms not defined in this paragraph (m)(2) shall have the meaning given them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (m):\n\nBatch copper converter  means a Hoboken converter in which copper matte is oxidized to form blister copper by a process that is performed in discrete batches using a sequence of charging, blowing, skimming, and pouring.\n\nCalendar day  means a 24 hour period that begins and ends at midnight, local standard time.\n\nCapture system  means the collection of components used to capture gases and fumes released from one or more emission points, and to convey the captured gases and fumes to one or more control devices. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.\n\nContinuous emission monitoring system or CEMS  means the equipment required by this section to sample, analyze, measure, and provide, by means of readings recorded at least once every 15 minutes (using an automated data acquisition and handling system (DAHS)), a permanent record of SO 2  emissions, other pollutant emissions, diluent, or stack gas volumetric flow rate.\n\nCopper matte  means a material predominately composed of copper and iron sulfides produced by smelting copper ore concentrates.\n\nElectric furnace  means a furnace in which copper matte and slag are heated by electrical resistance without the mechanical introduction of air or oxygen.\n\nNO X  means nitrogen oxides.\n\nOwner/operator  means any person who owns or who operates, controls, or supervises the equipment identified in paragraph (m)(1) of this section.\n\nSlag  means the waste material consisting primarily of iron sulfides separated from copper matte during the smelting and refining of copper ore concentrates.\n\nSO 2  means sulfur dioxide.\n\n(3)  Emission capture.  (i) The owner/operator of the batch copper converters identified in paragraph (m)(1) of this section must operate a capture system that has been designed to maximize collection of process off gases vented from each converter. The capture system must include a primary capture system as described in 40 CFR 63.1444(d)(3) and a secondary capture system designed to maximize the collection of emissions not collected by the primary capture system.\n\n(ii) The operation of the batch copper converters, primary capture system, and secondary capture system shall be optimized to capture the maximum amount of process off gases vented from each converter at all times.\n\n(iii) The owner/operator shall prepare a written operation and maintenance plan according to the requirements in paragraph (m)(3)(iv) of this section and submit this plan to the Regional Administrator 180 days prior to the compliance date in paragraph (m)(5) of this section. The Regional Administrator shall approve or disapprove the plan within 180 days of submittal. At all times when one or more converters are blowing, the owner/operator must operate the capture system consistent with this plan.\n\n(iv) The written operations and maintenance plan must address the following requirements as applicable to the capture system or control device.\n\n(A)  Preventative maintenance.  The owner/operator must perform preventative maintenance for each capture system and control device according to written procedures specified in owner/operator's operation and maintenance plan. The procedures must include a preventative maintenance schedule that is consistent with the manufacturer's or engineer's instructions for routine and long-term maintenance.\n\n(B)  Capture system inspections.  The owner/operator must perform capture system inspections for each capture system in accordance with the requirements of 40 CFR 63.1447(b)(2).\n\n(C)  Copper converter department capture system operating limits.  The owner/operator must establish, according to the requirements 40 CFR 63.1447(b)(3)(i) through (iii), operating limits for the capture system that are representative and reliable indicators of the performance of capture system when it is used to collect the process off-gas vented from batch copper converters during blowing.\n\n(4)  Emission limitations and work practice standards.  (i) SO 2  emissions collected by the capture system required by paragraph (m)(3) of this section must be controlled by one or more control devices and reduced by at least 99.7 percent, based on a 365-day rolling average.\n\n(ii) The owner/operator must not cause or allow to be discharged to the atmosphere from any primary capture system required by paragraph (m)(3) of this section off-gas that contains nonsulfuric acid particulate matter in excess of 6.2 mg/dscm as measured using the test methods specified in 40 CFR 63.1450(b).\n\n(iii) Total NO X  emissions the electric furnace and the batch copper converters shall not exceed 40 tons per 12-continuous month period.\n\n(iv) The owner/operator shall not actively aerate the electric furnace.\n\n(5)  Compliance dates.  (i) The owner/operator of each batch copper converter identified in paragraph (m)(1) of this section shall comply with the emission capture requirement in paragraph (m)(3) of this section; the emission limitation in paragraph (m)(4)(i) of this section; the compliance determination requirements in paragraphs (m)(6)(i) and (ii) and (m)(7) of this section; the capture system monitoring requirements in paragraph (m)(8) of this section; the recordkeeping requirements in paragraphs (m)(9)(i) through (viii) of this section; and the reporting requirements in paragraphs (m)(10)(i) through (iv) of this section no later than January 1, 2018.\n\n(ii) The owner/operator of each batch copper converter and the electric furnace identified in paragraph (m)(1) of this section shall comply with all requirements of this paragraph (m) except those listed in paragraph (m)(5)(i) of this section no later than September 2, 2016.\n\n(6)  Compliance determination \u2014(i)  Continuous emission monitoring system.  At all times after the compliance date specified in paragraph (m)(5) of this section, the owner/operator of each batch copper converter identified in paragraph (m)(1) of this section shall maintain, calibrate, and operate a CEMS, in full compliance with the requirements found at 40 CFR 60.13 and 40 CFR part 60, appendices B and F, to accurately measure the mass emission rate in pounds per hour of SO 2  emissions entering each control device used to control emissions from the converters, and venting from the converters to the atmosphere after passing through a control device or an uncontrolled bypass stack. The CEMS shall be used by the owner/operator to determine compliance with the emission limitation in paragraph (m)(4)(i) of this section. The owner/operator must operate the monitoring system and collect data at all required intervals at all times that an affected unit is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments).\n\n(ii)  Compliance determination for SO 2 . The 365-day rolling SO 2  emission control efficiency for the converters shall be calculated for each calendar day in accordance with the following procedure: Step one, sum the hourly pounds of SO 2  vented to each uncontrolled bypass stack and to each control device used to control emissions from the converters for the current calendar day and the preceding three-hundred-sixty-four (364) calendar days, to calculate the total pounds of pre-control SO 2  emissions over the most recent three-hundred-sixty-five (365) calendar day period; Step two, sum the hourly pounds of SO 2  vented to each uncontrolled bypass stack and emitted from the release point of each control device used to control emissions from the converters for the current calendar day and the preceding three-hundred-sixty-four (364) calendar days, to calculate the total pounds of post-control SO 2  emissions over the most recent three-hundred-sixty-five (365) calendar day period; Step three, divide the total amount of post-control SO 2  emissions calculated from Step two by the total amount of pre-control SO 2  emissions calculated from Step one, subtract the resulting ratio from one, and multiply the difference by 100 percent to calculate the 365-day rolling SO 2  emission control efficiency as a percentage.\n\n(iii)  Compliance determination for nonsulfuric acid particulate matter.  Compliance with the emission limit for nonsulfuric acid particulate matter in paragraph (m)(4)(ii) of this section shall be demonstrated by the procedures in 40 CFR 63.1451(b) and 63.1453(a)(2). The owner/operator shall conduct an initial compliance test within 180 days after the compliance date specified in paragraph (m)(5) of this section unless a test performed according to the procedures in 40 CFR 63.1450 in the past year shows compliance with the limit.\n\n(iv)  Compliance determination for NO X . Compliance with the emission limit for NO X  in paragraph (m)(4)(iii) of this section shall be demonstrated by monitoring natural gas consumption in each of the units identified in paragraph (m)(1) of this section for each calendar day. At the end of each calendar month, the owner/operator shall calculate monthly and 12-consecutive month NO X  emissions by multiplying the daily natural gas consumption rates for each unit by an approved emission factor and adding the sums for all units over the previous 12-consecutive month period.\n\n(7)  Alternatives to requirements to install CEMS.  The requirement in paragraph (m)(6)(i) of this section to install CEMS to measure the mass of SO 2  entering a control device or venting to the atmosphere through uncontrolled bypass stacks will be waived if the owner/operator complies with one of the options in this paragraph (m)(7).\n\n(i)  Acid plants.  The owner/operator may calculate the pounds of SO 2  entering an acid plant during a calendar day by adding the pounds of SO 2  emitted through the acid plant tail stack and 0.653 times the daily production of anhydrous sulfuric acid from the acid plant.\n\n(ii)  Alkali scrubber.  The owner/operator may calculate the pounds of SO 2  entering an alkali scrubber during a calendar day by using the following equation:\n\nM in,SO2  = M out,SO2  + SF*M alk\n\nWhere:\n \n M in,SO2  is the calculated mass of SO 2  entering the scrubber during a calendar day;\n \n M out,SO2  is the mass of SO 2  emitted through the scrubber stack measured by the CEMS for the calendar day;\n \n SF is a stoichiometric factor; and\n \n M alk  is the mass of alkali added to the scrubber liquor during the calendar day.\n \n SF shall equal:\n \n 1.14 if the alkali species is calcium oxide (CaO);\n \n 1.59 if the alkali species is magnesium oxide (MgO);\n \n 0.801 if the alkali species is sodium hydroxide (NaOH); or\n \n Another value if the owner/operator has received approval from the Regional Administrator in advance.\n\nWhere:\n\nM in,SO2  is the calculated mass of SO 2  entering the scrubber during a calendar day;\n\nM out,SO2  is the mass of SO 2  emitted through the scrubber stack measured by the CEMS for the calendar day;\n\nSF is a stoichiometric factor; and\n\nM alk  is the mass of alkali added to the scrubber liquor during the calendar day.\n\nSF shall equal:\n\n1.14 if the alkali species is calcium oxide (CaO);\n\n1.59 if the alkali species is magnesium oxide (MgO);\n\n0.801 if the alkali species is sodium hydroxide (NaOH); or\n\nAnother value if the owner/operator has received approval from the Regional Administrator in advance.\n\n(iii)  Uncontrolled bypass stack.  The owner/operator may calculate the pounds of SO 2  venting to the atmosphere through an uncontrolled bypass stack based on test data provided the facility operates according to a startup, shutdown, and malfunction plan consistent with 40 CFR 63.6(e)(3) and EPA has approved a calculation methodology for planned and unplanned bypass events.\n\n(8)  Capture system monitoring.  For each operating limit established under the capture system operation and maintenance plan required by paragraph (m)(3) of this section, the owner/operator must install, operate, and maintain an appropriate monitoring device according to the requirements in 40 CFR 63.1452(a)(1) though (6) to measure and record the operating limit value or setting at all times the required capture system is operating. Dampers that are manually set and remain in the same position at all times the capture system is operating are exempted from these monitoring requirements.\n\n(9)  Recordkeeping.  The owner/operator shall maintain the following records for at least five years:\n\n(i) All CEMS data, including the date, place, and time of sampling or measurement; parameters sampled or measured; and results.\n\n(ii) Records of quality assurance and quality control activities for emissions measuring systems including, but not limited to, any records required by 40 CFR part 60, appendix F, Procedure 1.\n\n(iii) Records of all major maintenance activities conducted on emission units, air pollution control equipment, and CEMS.\n\n(iv) Any other records required by 40 CFR part 60, subpart F, or 40 CFR part 60, appendix F, Procedure 1.\n\n(v) Records of all monitoring required by paragraph (m)(8) of this section.\n\n(vi) Records of daily sulfuric acid production in tons per day of pure, anhydrous sulfuric acid if the owner/operator chooses to use the alternative compliance determination method in paragraph (m)(7)(i) of this section.\n\n(vii) Records of daily alkali consumption in tons per day of pure, anhydrous alkali if the owner/operator chooses to use the alternative compliance determination method in paragraph (m)(7)(ii) of this section.\n\n(viii) Records of planned and unplanned bypass events and calculations used to determine emissions from bypass events if the owner/operator chooses to use the alternative compliance determination method in paragraph (m)(7)(iii) of this section.\n\n(ix) Records of daily natural gas consumption in each units identified in paragraph (m)(1) of this section and all calculations performed to demonstrate compliance with the limit in paragraph (m)(4)(iv) of this section.\n\n(10)  Reporting.  All reports required under this section shall be submitted by the owner/operator to the Director, Enforcement Division (Mail Code ENF-2-1), U.S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, California 94105-3901. All reports required under this section shall be submitted within 30 days after the applicable compliance date in paragraph (m)(5) of this section and at least semiannually thereafter, within 30 days after the end of a semiannual period. The owner/operator may submit reports more frequently than semiannually for the purposes of synchronizing reports required under this section with other reporting requirements, such as the title V monitoring report required by 40 CFR 70.6(a)(3)(iii)(A), but at no point shall the duration of a semiannual period exceed six months.\n\n(i) The owner/operator shall promptly submit excess emissions reports for the SO 2  limit. Excess emissions means emissions that exceed the emissions limit specified in paragraph (d) of this section. The reports shall include the magnitude, date(s), and duration of each period of excess emissions, specific identification of each period of excess emissions that occurs during startups, shutdowns, and malfunctions of the unit, the nature and cause of any malfunction (if known), and the corrective action taken or preventative measures adopted. For the purpose of this paragraph (m)(10)(i), promptly shall mean within 30 days after the end of the month in which the excess emissions were discovered.\n\n(ii) The owner/operator shall submit CEMS performance reports, to include dates and duration of each period during which the CEMS was inoperative (except for zero and span adjustments and calibration checks), reason(s) why the CEMS was inoperative and steps taken to prevent recurrence, and any CEMS repairs or adjustments. The owner/operator shall submit reports semiannually.\n\n(iii) The owner/operator shall also submit results of any CEMS performance tests required by 40 CFR part 60, appendix F, Procedure 1 (Relative Accuracy Test Audits, Relative Accuracy Audits, and Cylinder Gas Audits).\n\n(iv) When no excess emissions have occurred or the CEMS has not been inoperative, repaired, or adjusted during the reporting period, the owner/operator shall state such information in the semiannual report.\n\n(v) When performance testing is required to determine compliance with an emission limit in paragraph (m)(4) of this section, the owner/operator shall submit test reports as specified in 40 CFR part 63, subpart A.\n\n(11)  Notifications.\n\n(i) The owner/operator shall notify EPA of commencement of construction of any equipment which is being constructed to comply with the capture or emission limits in paragraph (m)(3) or (4) of this section.\n\n(ii) The owner/operator shall submit semiannual progress reports on construction of any such equipment.\n\n(iii) The owner/operator shall submit notification of initial startup of any such equipment.\n\n(12)  Equipment operations.  At all times, including periods of startup, shutdown, and malfunction, the owner or operator shall, to the extent practicable, maintain and operate the unit including associated air pollution control equipment in a manner consistent with good air pollution control practices for minimizing emissions. Pollution control equipment shall be designed and capable of operating properly to minimize emissions during all expected operating conditions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Regional Administrator which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, and inspection of the unit.\n\n(13)  Enforcement.  Notwithstanding any other provision in this implementation plan, any credible evidence or information relevant as to whether the unit would have been in compliance with applicable requirements if the appropriate performance or compliance test had been performed, can be used to establish whether or not the owner or operator has violated or is in violation of any standard or applicable emission limit in the plan.\n\n(n)  Approval.  On November 12, 2015, the Arizona Department of Environmental Quality submitted the \u201cArizona State Implementation Plan Revision: Regional Haze 5-Year Progress Report\u201d (\u201cProgress Report\u201d). The Progress Report meets the requirements of the Regional Haze Rule in 40 CFR 51.308.\n\n(o)  Disapproval.  On August 15, 2022, the Arizona Department of Environmental Quality submitted the \u201cState Implementation Plan Revision: Regional Haze Program (2018-2028).\u201d\n\n(1) The following portions of the \u201cState Implementation Plan Revision: Regional Haze Program (2018-2028)\u201d are disapproved because they do not meet the applicable requirements of Clean Air Act sections 169A and 169B and the Regional Haze Rule in 40 CFR 51.301 through 51.308.\n\n(i) Chapters 2, 6.1, 6.2, 6.3, 7, 8, 9, and 10;\n\n(ii) Appendices B, C, D, E, F, G, H, I, J, and L."], ["40:40:3.0.1.1.1.4.1.28", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.146", "\u00a7 52.146 Particulate matter (PM-10) Group II SIP commitments.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[55 FR 17437, Mar. 27, 1990 and 55 FR 18108, May 1, 1990]", "(a) On December 28, 1988, the Governor's designee for Arizona submitted a revision to the State Implementation Plan (SIP) for Casa Grande, Show Low, Safford, Flagstaff and Joseph City, that contains commitments, from the Director of the Arizona Department of Environmental Quality, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM-10 Group II SIPs.\n\n(b) The Arizona Department of Environmental Quality has committed to comply with the PM-10 Group II State Implementation Plan (SIP) requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph City as provided in the PM-10 Group II SIPs for these areas.\n\n(c) On December 28, 1988, the Governor's designee for Arizona submitted a revision to the State Implementation Plan (SIP) for Ajo, that contains commitments from the Director of the Arizona Department of Environmental Quality, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM-10 Group II SIPs.\n\n(d) The Arizona Department of Environmental Quality has committed to comply with the PM-10 Group II State Implementation Plan (SIP) requirements."], ["40:40:3.0.1.1.1.4.1.29", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.147", "\u00a7 52.147 Interstate transport.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[78 FR 46175, July 30, 2013, as amended at 89 FR 102773, Dec. 18, 2024]", "(a)  Approval.  The SIP submitted on May 24, 2007 meets the requirements of Clean Air Act section 110(a)(2)(D)(i)(I) (contribute significantly to nonattainment or interfere with maintenance of the NAAQS in any other state) and section 110(a)(2)(D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only) for the 1997 8-hour ozone and 1997 PM 2.5  NAAQS.\n\n(b)  Disapproval.  The SIPs submitted on May 24, 2007, February 28, 2011, and May 3, 2013 do not meet the requirements of Clean Air Act section 110(a)(2)(D)(i)(II) (interfere with measures in any other state to protect visibility, only) for the 1997 8-hour ozone and 1997 PM 2.5  NAAQS.\n\n(c)  Approval.  The SIP submitted on October 14, 2009 meets the requirements of Clean Air Act section 110(a)(2)(D)(i)(I) (contribute significantly to nonattainment or interfere with maintenance of the NAAQS in any other state) for the 2006 PM 2.5  NAAQS.\n\n(d)  Disapproval.  The SIPs submitted on October 14, 2009 and August 24, 2012 do not meet the requirements of Clean Air Act section 110(a)(2)(D)(i)(II) (interfere with measures in any other state to prevent significant deterioration of air quality, only) for the 2006 PM 2.5  NAAQS.\n\n(e)  Disapproval.  The SIPs submitted on October 14, 2009, February 28, 2011, and May 3, 2013 do not meet the requirements of Clean Air Act section 110(a)(2)(D)(i)(II) (interfere with measures in any other state to protect visibility, only) for the 2006 PM 2.5  NAAQS.\n\n(f)  Disapproval.  The SIPs submitted on December 11, 2015 and September 24, 2018 do not meet the requirements of Clean Air Act section 110(a)(2)(D)(i)(II) (interfere with measures in any other state to protect visibility, only) for the 2012 PM 2.5  NAAQS and the 2015 ozone NAAQS, respectively."], ["40:40:3.0.1.1.1.4.1.3", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.121", "\u00a7 52.121 Classification of regions.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[83 FR 42219, Aug. 21, 2018, as amended at 89 FR 71835, Sept. 4, 2024; 90 FR 59056, Dec. 18, 2025]", "The Arizona plan is evaluated on the basis of the following classifications:"], ["40:40:3.0.1.1.1.4.1.30", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.150", "\u00a7 52.150 Yavapai-Apache Reservation.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[61 FR 56470, Nov. 1, 1996]", "(a) The provisions for prevention of significant deterioration of air quality at 40 CFR 52.21 are applicable to the Yavapai-Apache Reservation, pursuant to \u00a7 52.21(a).\n\n(b) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is designated as a Class I area for the purposes of preventing significant deterioration of air quality."], ["40:40:3.0.1.1.1.4.1.31", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.151", "\u00a7 52.151 Operating permits.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[75 FR 82266, Dec. 30, 2010]", "Insofar as the permitting threshold provisions in the Pinal County Code of Regulations for the Pinal County Air Quality Control District concern the treatment of sources of greenhouse gas emissions as major sources for purposes of title V operating permits, EPA approves such provisions only to the extent they require permits for such sources where the source emits or has the potential to emit at least 100,000 tpy CO 2  equivalent emissions, as well as 100 tpy on a mass basis, as of July 1, 2011."], ["40:40:3.0.1.1.1.4.1.32", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.152", "\u00a7 52.152 Original identification of plan.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[37 FR 10849, May 31, 1972. Redesignated and amended at 81 FR 85040, Nov. 23, 2016]", "(a) This section identified the original \u201cThe State of Arizona Air Pollution Control Implementation Plan\u201d and all revisions submitted by the State of Arizona that were federally approved prior to June 30, 2016.\n\n(b) The plan was officially submitted on January 28, 1972.\n\n(1) Arizona State Department of Health.\n\n(i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement: Arizona Revised Statutes section 36-1700 (\u201cDeclaration of Policy\u201d)\n\n(c) The plan revisions listed below were submitted on the dates specified.\n\n(1) Letter of intent to revise plan submitted on March 1, 1972, by the Arizona State Board of Health.\n\n(2) Letter of intent to revise plan submitted on March 2, 1972, by the Governor.\n\n(3) Revised implementation plan submitted on May 30, 1972, by the Governor.\n\n(i) Maricopa County Bureau of Air Pollution Control.\n\n(A) Previously approved on July 27, 1972 and now deleted without replacement Rules 60 to 67.\n\n(ii) Arizona State Department of Health.\n\n(A) Previously approved on July 27, 1972 in paragraph (c)(3) of this section and now deleted without replacement: Chapter 2 (\u201cLegal Authority\u201d), Section 2.9 (\u201cJurisdiction over Indian lands\u201d); Arizona Revised Statutes sections 36-1700 (\u201cDeclaration of Policy\u201d) and 36-1801 (\u201cJurisdiction over Indian Lands\u201d); and Arizona State Department of Health, Rules and Regulations for Air Pollution Control 7-1-4.3 (\u201cSulfite Pulp Mills\u201d) and 7-1-9.1 (\u201cPolicy and Legal Authority\u201d).\n\n(4) Transportation control plan submitted on April 11, 1973, by the Governor.\n\n(5) Amendments (Non-regulatory) to the transportation control plan submitted on May 10, 1973, by the Governor.\n\n(6) Arizona Air Pollution Control Regulations (numbers in parentheses indicate recodification of regulations as identified in the Arizona State Implementation Plan Semi-Annual Report submitted to EPA on September 4, 1975).\n\n7-1-1.1 (R9-3-101) (Policy and Legal Authority)\n \n 7-1-1.3 (R9-3-103) (Air Pollution Prohibited)\n \n 7-1-1.5 (R9-3-105) (Enforcement)\n \n 7-1-4.3 (R9-3-403) (Sulfur Emissions: Sulfite Pulp Mills)\n \n 7-1-4.4 (R9-3-404) (Sulphur Emissions: Sulfuric Acid Plants)\n \n 7-1-4.5 (R9-3-405) (Sulphur Emissions: Other Industries)\n \n 7-1-5.1 (R9-3-501) (Storage of Volatile Organic Compounds)\n \n 7-1-5.2 (R9-3-502) (Loading of Volatile Organic Compounds)\n \n 7-1-5.3 (R9-3-503) (Organic Compound Emissions: Pumps and Compressors)\n \n 7-1-5.4 (R9-3-504) (Organic Solvents)\n \n 7-1-6.1 (R9-3-601) (Carbon Monoxide Emissions: Industrial)\n \n 7-1-7.1 (R9-3-701) (Nitrogen Oxide Emissions: Fuel Burning Installations)\n \n 7-1-7.2 (R9-3-702) (Nitrogen Oxide Emissions: Nitric Acid Plants\n \n 7-1-8.3 (R9-3-803) (New Installations)\n\n7-1-1.1 (R9-3-101) (Policy and Legal Authority)\n\n7-1-1.3 (R9-3-103) (Air Pollution Prohibited)\n\n7-1-1.5 (R9-3-105) (Enforcement)\n\n7-1-4.3 (R9-3-403) (Sulfur Emissions: Sulfite Pulp Mills)\n\n7-1-4.4 (R9-3-404) (Sulphur Emissions: Sulfuric Acid Plants)\n\n7-1-4.5 (R9-3-405) (Sulphur Emissions: Other Industries)\n\n7-1-5.1 (R9-3-501) (Storage of Volatile Organic Compounds)\n\n7-1-5.2 (R9-3-502) (Loading of Volatile Organic Compounds)\n\n7-1-5.3 (R9-3-503) (Organic Compound Emissions: Pumps and Compressors)\n\n7-1-5.4 (R9-3-504) (Organic Solvents)\n\n7-1-6.1 (R9-3-601) (Carbon Monoxide Emissions: Industrial)\n\n7-1-7.1 (R9-3-701) (Nitrogen Oxide Emissions: Fuel Burning Installations)\n\n7-1-7.2 (R9-3-702) (Nitrogen Oxide Emissions: Nitric Acid Plants\n\n7-1-8.3 (R9-3-803) (New Installations)\n\nSubmitted on August 20, 1973.\n\n(i) Arizona State Department of Health.\n\n(A) Previously approved on July 31, 1978 in paragraph (c)(6) of this section and now deleted without replacement: Arizona Air Pollution Control Regulation 7-1-4.3 (R9-3-403) (\u201cSulfur Emissions: Sulfite Pulp Mills\u201d).\n\n(7) Revised transportation control plan submitted on September 11, 1973, by the Governor.\n\n(8) Letter supplementing the revised transportation control plan encouraging mass transit, carpooling, etc., submitted on September 21, 1973, by the Governor.\n\n(9) Letter supplementing the revised transportation control plan encouraging mass transit, carpooling, etc., submitted on October 2, 1973, by the Governor.\n\n(10) Maricopa County Air Pollution Control District Regulation III, Rule 31 (Particulate Matter Emissions) submitted on January 28, 1974.\n\n(11) Arizona Air Pollution Control Regulation 7-1-1.7 (R9-3-107) (Unlawful open burning) submitted on February 19, 1974.\n\n(12) Pima County Air Pollution Control District Regulation II, Rule 2 (Particulate matter emissions) submitted on March 19, 1974.\n\n(13) Air quality maintenance area designation analysis submitted on April 17, 1974, by the Arizona Department of Health Services.\n\n(14) Arizona Air Pollution Control Regulations:\n\n7-1-2.10 (R9-3-210) (Emergency Episode Criteria)\n \n 7-1-4.2 (R9-3-402) (Sulfur Emissions: Fuel Burning Installations)\n\n7-1-2.10 (R9-3-210) (Emergency Episode Criteria)\n\n7-1-4.2 (R9-3-402) (Sulfur Emissions: Fuel Burning Installations)\n\nSubmitted on August 30, 1974.\n\n(15) Arizona Air Pollution Control regulations 7-1-8.1 (R9-3-801) (Original State jurisdiction); 7-1-8.2 (R9-3-802) (Assertions of jurisdiction); 7-1-8.3 (R9-3-803) (Delegation of authority); 7-1-11.3 (R9-3-1203) (Suspension and revocation of permits); 7-1-11.4 (R9-3-1204) (Permits non-transferable); 7-1-11.5 (R9-3-1205) (Posting of permits); 7-1-11.6 (R9-3-1206) (Notice by permit agencies); 7-1-11.7 (R9-3-1207) (Equipment covered); 7-1-11.9 (R9-3-1209) (Permit Fees); and 7-1-1.4 (R9-3-104) (Recordkeeping and reporting) submitted September 27, 1974.\n\n(16) Assertion of State Jurisdiction over Apache, Navajo, Santa Cruz and Yavapai Counties; Assertion of State Jurisdiction over Cochise County; and Assertion of State Jurisdiction over specific sources in Mohave County.\n\nSubmitted on February 3, 1975.\n\n(17) Amendments to the Rules and Regulations of the Pima County Air Pollution Control District (Regulation I: Rules 2, 4D, 4E, 4J, 8G, 16C, 29, and 30) submitted on February 20, 1975, by the Director, Arizona Department of Health Services (the Governor's official representative).\n\n(18) Air pollution control regulations for various counties submitted by the Governor on July 1, 1975, as follows:\n\n(i) Coconino County Air Pollution Control Regulations.\n\n12-1-1 (Legal Authority)\n \n 12-1-2 (Definitions)\n \n 12-1-3 (Air Pollution Prohibited)\n \n 12-2-2 (Operating Permits)\n \n 12-2-4 (Permit Fees)\n \n 12-2-5 (Permit Renewals)\n \n 12-2-7 (Testing of Installations)\n \n 12-2-8 (Compliance with Terms of Installation Permit)\n \n 12-2-9 (Notification of Denial of Permit)\n \n 12-2-10 (Appeals to the Hearing Board)\n \n 12-2-11 (Permits Not Transferable)\n \n 12-2-12 (Expiration of Installation Permit)\n \n 12-2-13 (Posting of Permits)\n \n 12-3-1 (Ambient Air Quality Standards)\n \n 12-3-2 (Emission Standards)\n \n 12-3-3 (Reporting of Emissions)\n \n 12-3-4 (Production of Records: Confidentiality)\n \n 12-3-5 (Monitoring Devices)\n \n 12-3-6 (Penalty for Violation)\n \n 12-4-1 (Shade, Density, or Opacity of Emissions)\n \n 12-4-2 (Dust Control)\n \n 12-4-3 (Processing of Animal or Vegetable Matter)\n \n 12-4-4 (Volatile and Odorous Materials)\n \n 12-4-5 (Storage and Handling of Petroleum Products)\n \n 12-5-1 (Permit Required)\n \n 12-5-2 (Performance Tests: Permit Tags)\n \n 12-5-3 (Emission Limitations)\n \n 12-5-4 (Authority of Other Public Agencies)\n \n 12-6-1 (Unlawful Open Burning)\n \n 12-6-2 (Exceptions Requiring no Permission)\n \n 12-6-3 (Exceptions Requiring Permission)\n \n 12-6-4 (Exceptions Under Special Circumstances)\n \n 12-7-1 (Misdemeanor: Penalty)\n \n 12-7-2 (Order of Abatement)\n \n 12-7-3 (Hearings on Orders of Abatement)\n \n 12-7-5 (Notice of Hearing; Publication; Service)\n \n 12-7-6 (Injunctive Relief)\n\n12-1-1 (Legal Authority)\n\n12-1-2 (Definitions)\n\n12-1-3 (Air Pollution Prohibited)\n\n12-2-2 (Operating Permits)\n\n12-2-4 (Permit Fees)\n\n12-2-5 (Permit Renewals)\n\n12-2-7 (Testing of Installations)\n\n12-2-8 (Compliance with Terms of Installation Permit)\n\n12-2-9 (Notification of Denial of Permit)\n\n12-2-10 (Appeals to the Hearing Board)\n\n12-2-11 (Permits Not Transferable)\n\n12-2-12 (Expiration of Installation Permit)\n\n12-2-13 (Posting of Permits)\n\n12-3-1 (Ambient Air Quality Standards)\n\n12-3-2 (Emission Standards)\n\n12-3-3 (Reporting of Emissions)\n\n12-3-4 (Production of Records: Confidentiality)\n\n12-3-5 (Monitoring Devices)\n\n12-3-6 (Penalty for Violation)\n\n12-4-1 (Shade, Density, or Opacity of Emissions)\n\n12-4-2 (Dust Control)\n\n12-4-3 (Processing of Animal or Vegetable Matter)\n\n12-4-4 (Volatile and Odorous Materials)\n\n12-4-5 (Storage and Handling of Petroleum Products)\n\n12-5-1 (Permit Required)\n\n12-5-2 (Performance Tests: Permit Tags)\n\n12-5-3 (Emission Limitations)\n\n12-5-4 (Authority of Other Public Agencies)\n\n12-6-1 (Unlawful Open Burning)\n\n12-6-2 (Exceptions Requiring no Permission)\n\n12-6-3 (Exceptions Requiring Permission)\n\n12-6-4 (Exceptions Under Special Circumstances)\n\n12-7-1 (Misdemeanor: Penalty)\n\n12-7-2 (Order of Abatement)\n\n12-7-3 (Hearings on Orders of Abatement)\n\n12-7-5 (Notice of Hearing; Publication; Service)\n\n12-7-6 (Injunctive Relief)\n\n(A) Previously approved on November 15, 1978 and now deleted without replacement Rules 12-7-2, 12-7-3, 12-7-5, and 12-7-6.\n\n(B) Previously approved on November 15, 1978 in paragraph (i) of this section and now deleted without replacement Rules 12-1-1 through 12-1-3, 12-2-2, 12-2-4, 12-2-5, 12-2-7 through 12-2-13, 12-3-1, 12-3-3 through 12-3-6, 12-4-1 through 12-4-5, 12-5-1 through 12-5-4, 12-6-1 through 12-6-4, and 12-7-1.\n\n(ii) Mohave County Air Pollution Control Regulations.\n\nSec. 1, Reg. 1 (Policy and Legal Authority)\n \n Sec. 1, Reg. 2 (Definitions)\n \n Sec. 1, Reg. 3 (Air Pollution Prohibited)\n \n Sec. 1, Reg. 4 (Enforcement)\n \n Sec. 2, Reg. 1 (Shade, Density or Opacity of Emissions)\n \n Sec. 2, Reg. 2 (Particulate Matter)\n \n Sec. 2, Reg. 3 (Reduction of Animal or Vegetable Matter)\n \n Sec. 2, Reg. 4 (Evaporation and Leakage)\n \n Sec. 2, Reg. 5 (Storage Tanks)\n \n Sec. 3, Reg. 1 (Particulate Matter from Fuel Burning Installations)\n \n Sec. 3, Reg. 2 (Particulate Matter from Other Sources)\n \n Sec. 3, Reg. 3 (Sulfur from Primary Copper Smelters)\n \n Sec. 3, Reg. 4 (Ground Level Concentrations)\n \n Sec. 3, Reg. 5 (Exceptions)\n \n Sec. 3, Reg. 6 (Incinerators)\n \n Sec. 4, Reg. 1 and Reg. 2 (Responsibility and Requirements of Testing)\n \n Sec. 5, Reg. 1 (Open Fires: Prohibition and Exceptions)\n \n Sec. 6, Reg. 1 (Sulfur Dioxide)\n \n Sec. 6, Reg. 2 (Non-Specific Particulate)\n \n Sec. 6, Reg. 3 (Evaluation)\n \n Sec. 6, Reg. 4 (Anti-Degradation)\n \n Sec. 7 (Violations)\n\nSec. 1, Reg. 1 (Policy and Legal Authority)\n\nSec. 1, Reg. 2 (Definitions)\n\nSec. 1, Reg. 3 (Air Pollution Prohibited)\n\nSec. 1, Reg. 4 (Enforcement)\n\nSec. 2, Reg. 1 (Shade, Density or Opacity of Emissions)\n\nSec. 2, Reg. 2 (Particulate Matter)\n\nSec. 2, Reg. 3 (Reduction of Animal or Vegetable Matter)\n\nSec. 2, Reg. 4 (Evaporation and Leakage)\n\nSec. 2, Reg. 5 (Storage Tanks)\n\nSec. 3, Reg. 1 (Particulate Matter from Fuel Burning Installations)\n\nSec. 3, Reg. 2 (Particulate Matter from Other Sources)\n\nSec. 3, Reg. 3 (Sulfur from Primary Copper Smelters)\n\nSec. 3, Reg. 4 (Ground Level Concentrations)\n\nSec. 3, Reg. 5 (Exceptions)\n\nSec. 3, Reg. 6 (Incinerators)\n\nSec. 4, Reg. 1 and Reg. 2 (Responsibility and Requirements of Testing)\n\nSec. 5, Reg. 1 (Open Fires: Prohibition and Exceptions)\n\nSec. 6, Reg. 1 (Sulfur Dioxide)\n\nSec. 6, Reg. 2 (Non-Specific Particulate)\n\nSec. 6, Reg. 3 (Evaluation)\n\nSec. 6, Reg. 4 (Anti-Degradation)\n\nSec. 7 (Violations)\n\n(A) Previously approved on November 15, 1978 in paragraph (ii) of this section and now deleted without replacement Rules 1-1 through 1-4, 2-1 through 2-5, 3-1, 3-2, 3-6, 4-1, 4-2, 5-1, 6-1 through 6-4, and 7.\n\n(iii) Yuma County Air Pollution Control Regulations.\n\n8-1-1.1 (Policy and Legal Authority)\n \n 8-1-1.2 (Definitions)\n \n 8-1-1.3 (Air Pollution Prohibited)\n \n 8-1-1.4 (Recordkeeping and Reporting)\n \n 8-1-1.5 (Enforcement)\n \n 8-1-1.6 (Exceptions)\n \n 8-1-2.1 (Non-Specific Particulate)\n \n 8-1-2.2 (Sulfur Dioxide)\n \n 8-1-2.3 (Non-Methane Hydrocarbons)\n \n 8-1-2.4 (Photochemical Oxidants)\n \n 8-1-2.5 (Carbon Monoxide)\n \n 8-1-2.6 (Nitrogen Dioxide)\n \n 8-1-2.7 (Evaluation)\n \n 8-1-2.10 (Emergency Episode Criteria)\n \n 8-1-3.1 (Visible Emissions; General)\n \n 8-1-3.2 (Fugitive Dust)\n \n 8-1-3.3 (Particulates\u2014Incineration)\n \n 8-1-3.4 (Particulates\u2014Wood Waste Burners)\n \n 8-1-3.5 (Particulates\u2014Fuel Burning Equipment)\n \n 8-1-3.6 (Particulates\u2014Process Industries)\n \n 8-1-4.2 (Fuel Burning Installations)\n \n 8-1-4.3 (Sulfur Emissions\u2014Sulfite Pulp Mills)\n \n 8-1-4.4 (Sulfur Emissions\u2014Sulfuric Acid Plants)\n \n 8-1-4.5 (Sulfur Emissions\u2014Other Industries)\n \n 8-1-5.1 (Storage of Volatile Organic Compounds)\n \n 8-1-5.2 (Loading of Volatile Organic Compounds)\n \n 8-1-5.3 (Pumps and Compressors)\n \n 8-1-5.4 (Organic Solvents; Other Volatile Compounds)\n \n 8-1-6.1 (CO 2  Emissions\u2014Industrial)\n \n 8-1-7.1 (NO 2  Emissions\u2014Fuel Burning Equipment)\n \n 8-1-7.2 (NO 2  Emissions\u2014Nitric Acid Plants)\n \n 8-1-8.1 (Open Burning\u2014Prohibition)\n \n 8-1-8.2 (Open Burning\u2014Exceptions)\n\n8-1-1.1 (Policy and Legal Authority)\n\n8-1-1.2 (Definitions)\n\n8-1-1.3 (Air Pollution Prohibited)\n\n8-1-1.4 (Recordkeeping and Reporting)\n\n8-1-1.5 (Enforcement)\n\n8-1-1.6 (Exceptions)\n\n8-1-2.1 (Non-Specific Particulate)\n\n8-1-2.2 (Sulfur Dioxide)\n\n8-1-2.3 (Non-Methane Hydrocarbons)\n\n8-1-2.4 (Photochemical Oxidants)\n\n8-1-2.5 (Carbon Monoxide)\n\n8-1-2.6 (Nitrogen Dioxide)\n\n8-1-2.7 (Evaluation)\n\n8-1-2.10 (Emergency Episode Criteria)\n\n8-1-3.1 (Visible Emissions; General)\n\n8-1-3.2 (Fugitive Dust)\n\n8-1-3.3 (Particulates\u2014Incineration)\n\n8-1-3.4 (Particulates\u2014Wood Waste Burners)\n\n8-1-3.5 (Particulates\u2014Fuel Burning Equipment)\n\n8-1-3.6 (Particulates\u2014Process Industries)\n\n8-1-4.2 (Fuel Burning Installations)\n\n8-1-4.3 (Sulfur Emissions\u2014Sulfite Pulp Mills)\n\n8-1-4.4 (Sulfur Emissions\u2014Sulfuric Acid Plants)\n\n8-1-4.5 (Sulfur Emissions\u2014Other Industries)\n\n8-1-5.1 (Storage of Volatile Organic Compounds)\n\n8-1-5.2 (Loading of Volatile Organic Compounds)\n\n8-1-5.3 (Pumps and Compressors)\n\n8-1-5.4 (Organic Solvents; Other Volatile Compounds)\n\n8-1-6.1 (CO 2  Emissions\u2014Industrial)\n\n8-1-7.1 (NO 2  Emissions\u2014Fuel Burning Equipment)\n\n8-1-7.2 (NO 2  Emissions\u2014Nitric Acid Plants)\n\n8-1-8.1 (Open Burning\u2014Prohibition)\n\n8-1-8.2 (Open Burning\u2014Exceptions)\n\n(A) Previously approved on November 15, 1978 in paragraph (iii) of this section and now deleted without replacement Rules 8-1-1.1, 8-1-2.7, 8-1-2.10, 8-1-4.2 through 8-1-4.5, 8-1-5.1 through 8-1-5.4, 8-1-6.1, 8-1-7.1, 8-1-7.2, 8-1-8.1, and 8-1-8.2.\n\n(iv) Pinal-Gila Counties Air Pollution Control Regulations.\n\n7-1-1.1 (Policy and Legal Authority)\n \n 7-1-1.2 (Definitions)\n \n 7-1-1.3 (Air Pollution Prohibited)\n \n 7-1-2.2 (Permit Unit Description and Fees)\n \n 7-1-2.4 (Appeals to Hearing Board)\n \n 7-1-2.5 (Transfer: Posting: Expirations)\n \n 7-1-2.6 (Recordkeeping and Reporting)\n \n 7-1-2.7 (Enforcement)\n \n 7-1-2.8 (Exceptions)\n \n 7-1-4.1 and 7-1-4.2 (Orders of Abatement)\n \n 7-1-5.1 (Classification and Reporting: Production of Records: Violation: and Penalty)\n \n 7-1-5.2 (Special Inspection Warrant)\n \n 7-1-5.3 (Decisions of Hearing Boards: Subpoenas)\n \n 7-1-5.4 (Judicial Review: Grounds: Procedures)\n \n 7-1-5.5 (Notice of Hearing: Publication: Service)\n \n 7-1-5.6 (Injunctive Relief)\n \n 7-2-1.1 (Non-Specific Particulate)\n \n 7-2-1.2 (Sulfur Dioxide)\n \n 7-2-1.3 (Non-Methane Hydrocarbons)\n \n 7-2-1.4 (Photochemical Oxidants)\n \n 7-2-1.5 (Carbon Monoxide)\n \n 7-2-1.6 (Nitrogen Dioxide)\n \n 7-2-1.7 (Evaluation)\n \n 7-2-1.8 (Anti-Degradation)\n \n 7-3-1.1 (Visible Emissions: General)\n \n 7-3-1.2 (Particulate Emissions\u2014Fugitive Dust)\n \n 7-3-1.3 (Open Burning)\n \n 7-3-1.4 (Particulate Emissions\u2014Incineration)\n \n 7-3-1.5 (Particulate Emissions\u2014Wood-Waste Burners)\n \n 7-3-1.6 (Reduction of Animal or Vegetable Matter)\n \n 7-3-1.7 (Particulate Emissions\u2014Fuel Burning Equipment)\n \n 7-3-1.8 (Particulate Emissions\u2014Process Industries)\n \n 7-3-2.1 (Copper Smelters)\n \n 7-3-2.2 (SO 2  Emissions\u2014Fuel Burning Installations)\n \n 7-3-2.3 (SO 2  Emissions\u2014Sulfite Pulp Mills)\n \n 7-3-2.4 (SO 2  Emissions\u2014Sulfuric Acid Plants)\n \n 7-3-2.5 (Other Industries)\n \n 7-3-3.1 (Storage of Volatile Organic Compounds)\n \n 7-3-3.2 (Loading of Volatile Organic Compounds)\n \n 7-3-3.3 (Pumps and Compressors)\n \n 7-3-3.4 (Organic Solvents: Other Volatile Compounds)\n \n 7-3-4.1 (CO 2  Emissions\u2014Industrial)\n \n 7-3-5.1 (NO 2  Emissions\u2014Fuel Burning Equipment)\n \n 7-3-5.2 (NO 2  Emissions\u2014Nitric Acid Plants)\n \n 7-3-6.1 (Policy and Legal Authority)\n\n7-1-1.1 (Policy and Legal Authority)\n\n7-1-1.2 (Definitions)\n\n7-1-1.3 (Air Pollution Prohibited)\n\n7-1-2.2 (Permit Unit Description and Fees)\n\n7-1-2.4 (Appeals to Hearing Board)\n\n7-1-2.5 (Transfer: Posting: Expirations)\n\n7-1-2.6 (Recordkeeping and Reporting)\n\n7-1-2.7 (Enforcement)\n\n7-1-2.8 (Exceptions)\n\n7-1-4.1 and 7-1-4.2 (Orders of Abatement)\n\n7-1-5.1 (Classification and Reporting: Production of Records: Violation: and Penalty)\n\n7-1-5.2 (Special Inspection Warrant)\n\n7-1-5.3 (Decisions of Hearing Boards: Subpoenas)\n\n7-1-5.4 (Judicial Review: Grounds: Procedures)\n\n7-1-5.5 (Notice of Hearing: Publication: Service)\n\n7-1-5.6 (Injunctive Relief)\n\n7-2-1.1 (Non-Specific Particulate)\n\n7-2-1.2 (Sulfur Dioxide)\n\n7-2-1.3 (Non-Methane Hydrocarbons)\n\n7-2-1.4 (Photochemical Oxidants)\n\n7-2-1.5 (Carbon Monoxide)\n\n7-2-1.6 (Nitrogen Dioxide)\n\n7-2-1.7 (Evaluation)\n\n7-2-1.8 (Anti-Degradation)\n\n7-3-1.1 (Visible Emissions: General)\n\n7-3-1.2 (Particulate Emissions\u2014Fugitive Dust)\n\n7-3-1.3 (Open Burning)\n\n7-3-1.4 (Particulate Emissions\u2014Incineration)\n\n7-3-1.5 (Particulate Emissions\u2014Wood-Waste Burners)\n\n7-3-1.6 (Reduction of Animal or Vegetable Matter)\n\n7-3-1.7 (Particulate Emissions\u2014Fuel Burning Equipment)\n\n7-3-1.8 (Particulate Emissions\u2014Process Industries)\n\n7-3-2.1 (Copper Smelters)\n\n7-3-2.2 (SO 2  Emissions\u2014Fuel Burning Installations)\n\n7-3-2.3 (SO 2  Emissions\u2014Sulfite Pulp Mills)\n\n7-3-2.4 (SO 2  Emissions\u2014Sulfuric Acid Plants)\n\n7-3-2.5 (Other Industries)\n\n7-3-3.1 (Storage of Volatile Organic Compounds)\n\n7-3-3.2 (Loading of Volatile Organic Compounds)\n\n7-3-3.3 (Pumps and Compressors)\n\n7-3-3.4 (Organic Solvents: Other Volatile Compounds)\n\n7-3-4.1 (CO 2  Emissions\u2014Industrial)\n\n7-3-5.1 (NO 2  Emissions\u2014Fuel Burning Equipment)\n\n7-3-5.2 (NO 2  Emissions\u2014Nitric Acid Plants)\n\n7-3-6.1 (Policy and Legal Authority)\n\n(A) Previously approved on November 15, 1978 and now deleted without replacement Rules 7-1-4.1 to 7-1-4.2 and 7-1-5.1 to 7-1-5.6.\n\n(B) Previously approved on November 15, 1978 and now deleted without replacement Rules 7-1-2.2, 7-1-2.4, 7-1-2.7, 7-2-1.3, and 7-3-6.1.\n\n(C) Previously approved on December 17, 1979 and now deleted without replacement Rule 7-3-2.5.\n\n(D) Previously approved on November 15, 1978 in paragraph (c)(18)(iv) of this section and now deleted without replacement Rules 7-1-1.1, 7-1-1.3, 7-1-2.5, 7-1-2.6, 7-2-1.1, 7-2-1.2, 7-2-1.4, 7-2-1.5, 7-2-1.6, 7-2-1.7, and 7-3-1.6.\n\n(E) Previously approved on December 17, 1979 in paragraph (c)(18)(iv) of this section and now deleted without replacement Rule 7-2-1.8.\n\n(F) Previously approved on November 15, 1978 in paragraph (c)(18)(iv) of this section and now deleted without replacement with respect to Gila County only Rules 7-3-1.2, 7-3-1.3, 7-3-1.4, 7-3-1.5, 7-3-1.7, 7-3-1.8, 7-3-2.2, 7-3-2.3, 7-3-2.4, 7-3-3.1, 7-3-3.2, 7-3-3.3, 7-3-4.1, 7-3-5.1, and 7-3-5.2.\n\n(G) Previously approved on December 17, 1979 in paragraph (c)(18)(iv) of this section and now deleted without replacement with respect to Gila County only Rule 7-3-2.5.\n\n(19) Arizona Air Pollution Control Regulations, submitted on September 16, 1975: R9-3-102 (Definitions), R9-3-108 (Test Methods and Procedures), R9-3-302 (Particulate Emissions: Fugitive Dust), R9-3-303 (Particulate Emissions: Incineration), R9-3-304 (Particulate Emissions: Wood Waste Burners), R9-3-305 (Particulate Emissions: Fuel Burning Equipment), R9-3-307 (Particulate Emissions: Portland Cement Plants); and R9-3-308 (Particulate Emissions: Heater-Planers), submitted on September 16, 1975.\n\n(20) Arizona Air Pollution Control Regulations R9-3-505 (Gasoline Volatility Testing); R9-3-506 (Gasoline Volatility Standards); R9-3-1001 (Policy and Legal Authority); R9-3-1020 (State Stations Acting as Fleet Inspection Stations); any Fleet Inspection Stations for State Stations); submitted on January 23, 1976.\n\n(i) Arizona State Department of Health.\n\n(A) Previously approved on August 4, 1978 in paragraph (c)(20) of this section and now deleted without replacement: Arizona Air Pollution Control Regulation R9-3-1001 (\u201cPolicy and Legal Authority\u201d).\n\n(21) Amendments to the rules and Regulations of the Pima County Air Pollution Control District (Regulation I:\n\nRule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning Equipment): Rule 2G (paragraphs 1-4c, Particulate Emissions), Rule 7A (paragraphs 1-6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1-4, Nitrogen Oxide Emission); Regulation VI: Rule 1A-H, (Ambient Air Quality Standards); Regulation VII (paragraph A-D, Standards of Performance for New Stationary Sources); and Regulation VIII (paragraphs A-C, Emission Standards for Hazardous Air Pollutants)) submitted on September 30, 1976 by the Director, Arizona Department of Health Services (the Governor's official representative).\n\nRule 2 (paragraph uu-yy, Definitions); regulation II (Fuel Burning Equipment): Rule 2G (paragraphs 1-4c, Particulate Emissions), Rule 7A (paragraphs 1-6, Sulfur Dioxide Emissions), Rule 7B (paragraphs 1-4, Nitrogen Oxide Emission); Regulation VI: Rule 1A-H, (Ambient Air Quality Standards); Regulation VII (paragraph A-D, Standards of Performance for New Stationary Sources); and Regulation VIII (paragraphs A-C, Emission Standards for Hazardous Air Pollutants)) submitted on September 30, 1976 by the Director, Arizona Department of Health Services (the Governor's official representative).\n\n(22)-(23) [Reserved]\n\n(24) Arizona Air Pollution Control Regulations R9-3-1002 (Definitions); R9-3-1003 (Vehicles To Be Inspected by the Mandatory Vehicular Emissions Inspection Program); R9-3-1004 (State Inspection Requirements); R9-3-1005 (Time of Inspections); R9-3-1006 (Mandatory Vehicular Emissions Inspection); R9-3-1007 (Evidence of Meeting State Inspection Requirements); R9-3-1008 (Procedure for Issuing Certificates of Waiver); R9-3-1010 (Low Emissions Tune Up); R9-3-1011 (Inspection Report); R9-3-1012 (Inspection Procedure and Fee); R9-3-1013 (Reinspections); R9-3-1016 (Licensing of Inspectors); R9-3-1017 (Inspection of Governmental Vehicles); R9-3-1018 (Certificate of Inspection); R9-3-1019 (Fleet Station Procedures and Permits); R9-3-1022 (Procedure for Waiving Inspections Due to Technical Difficulties); R9-3-1023 (Certificate of Exemption); R9-3-1025 (Inspection of State Stations); R9-3-1026 (Inspection of Fleet Stations); R9-3-1027 (Registration of Repair Industry Analyzers); R9-3-1029 (Vehicle Emission Control Devices); and R9-3-1030 (Visible Emissions; Diesel-Powered Locomotives); submitted on February 11, 1977.\n\n(25) [Reserved]\n\n(26) Maricopa County Air Pollution Control District Regulation IV, rule 41, paragraph B (Continuously Monitoring and Recording Emissions) submitted on July 29, 1977.\n\n(27) The following amendments to the plan were submitted on January 4, 1979 by the Governor's designee.\n\n(i) Arizona State Rules and Regulations for Air Pollution Control.\n\n(A) R-9-3-101, A., Nos. 2, 3, 29, 41, 53, 55, 87, 88, 89, 91, 92, 95, 100 and 117; R9-3-301, paragraphs D, J, and N; R9-3-306, paragraphs D and J; and R9-3-307, paragraphs C and E.\n\n(B) New or amended Rules R9-3-101 (Nos. 1, 4, 6, (a, c, and d), 8, 9, 11, 13, 17 to 26, 28, 30 to 35, 37 to 40, 43 to 45, 48, 49, 54, 57 to 59, 61 to 73, 77 to 80, 82, 83, 86, 90, 94, 96, 98, 101, 102, 104, 105, 107 to 115, 118 to 120, 122, to 129, and 131), R9-3-217, R9-3-218, R9-3-219, R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-312, R9-3-313 (Paragraphs A.1, A.2.b, A.3, A.4, B to D.1, D.3, D.4.a to F.1.2.iii, F.1.b., and F.2.b. to F.4), R9-3-314 to R9-3-319, R9-3-402 to R9-3-404, R9-3-406, R9-3-407, R9-3-409, R9-3-410, R9-3-502 (Paragraphs B, C, C.2, and D to G), R9-3-503 (Paragraph A), R9-3-504 (Paragraphs B and C), R9-3-505 (Paragraphs A, B.1.b., B.2.b, and B.3 to D), R9-3-506 (Paragraphs A.2, B, C.1.a to C.4), R9-3-507 (Paragraphs D to F), R9-3-508 (Paragraphs A and C), R9-3-510 (Paragraphs B to E), R9-3-511 (Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and C), R9-3-514 (Paragraphs B and C), R9-3-516 (Paragraph B), R9-3-517 (Paragraphs B and C), R9-3-518 (Paragraphs B and C), R9-3-519 (Paragraphs A.2, A.3.a to A.3.c, A.3.e and B to C), R9-3-520 (Paragraphs B and C), R9-3-521 (Paragraphs B to D), R9-3-522 (Paragraphs A.1 to A.5, B and C), R9-3-523 (Paragraph B), R9-3-524 (Paragraphs C, D.1, D.2, D.4 to G.5), R9-3-525 (Paragraphs B to D), R9-3-526, R9-3-527, R9-3-528 (Paragraphs B to E and F.1 to F.4), R9-3-601 to R9-3-605, R9-3-1101, R9-3-1102, Appendix 10 (Sections A10.1.3.3, A10.1.4. and A10.2.2 to A10.3.4.) and Appendix 11.\n\n(C) Previously approved in paragraphs (c)(27)(i)(A) and (B) of this section and now deleted without replacement: R9-3-101 (all paragraphs and nos. listed), paragraph B of R9-3-217, R9-3-301 (all paragraphs listed), R9-3-306 (all paragraphs listed), R9-3-307 (all paragraphs listed), R9-3-308, R9-3-310 (Paragraph C), R9-3-311 (Paragraph A), R9-3-312, R9-3-314, R9-3-315, R9-3-316, R9-3-317, R9-3-318, R9-3-518 (Paragraphs B and C), R9-3-319, R9-3-1101, and Appendix 10 (Sections A10.1.3.3, A10.1.4 and A10.2.2 to A10.3.4).\n\n(D) Previously approved on April 23, 1982, in paragraph (c)(27)(i)(B) of this section and now deleted without replacement: R9-3-511 (Paragraph B), R9-3-512 (Paragraph B), R9-3-513 (Paragraphs B and C), and R9-3-517 (Paragraphs B and C).\n\n(28) The following amendments to the plan were submitted on January 18, 1979 by the Governor's designee.\n\n(i) Maricopa County Bureau of Air Pollution Control Rules and Regulations.\n\n(A) Rule 33, Storage and Handling of Petroleum Products.\n\n(B) New or amended Rules 21G and 41.\n\n(29) The following amendments to the plan were submitted on January 23, 1979, by the Governor's designee.\n\n(i) Arizona State Rules and Regulations for Air Pollution Control.\n\n(A) Arizona Testing Manual for Air Pollutant Emissions (excluding Sections 2.0 and 5.0).\n\n(B) Previously approved on April 23, 1982, in paragraph (c)(29)(i)(A) of this section and now deleted without replacement: Arizona Testing Manual for Air Pollutant Emissions, Sections 3.0 and 4.0.\n\n(30) [Reserved]\n\n(31) Revisions to the Arizona Air Pollution Control Regulations submitted on March 21, 1979:\n\nR9-3-1002 (22,34); R9-3-1003 [A(A8-11),B,C]; R9-3-1005 [A, (A3)]; R9-3-1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table II]; R9-3-1008 [B,(B1,2,6,7)]; R9-3-1010 [A,(A3),C,D,F]; R9-3-1011 [A,B,(B1,2,3)];R9-3-1012(b); R9-3-1014; R9-3-1017 [B,(B4), C, E]; R9-3-1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c), D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)]; R9-3-(C,E); R9-3-1022(B); R9-3c-091023(A,B); R9-3-1027(F).\n\nR9-3-1002 (22,34); R9-3-1003 [A(A8-11),B,C]; R9-3-1005 [A, (A3)]; R9-3-1006 [A,(A1,2),B, (B2,3,4,5),D,E, (E1(c),2(c)),F,G, (G1,2), Table II]; R9-3-1008 [B,(B1,2,6,7)]; R9-3-1010 [A,(A3),C,D,F]; R9-3-1011 [A,B,(B1,2,3)];R9-3-1012(b); R9-3-1014; R9-3-1017 [B,(B4), C, E]; R9-3-1019 [A,B,D, D(1)(a)(i), D(1)(a)(ii)(6), D(1)(a)(iii), D(1)(c), D(1)(f)(11), H, (H1,2), I(I8,9,10,11,12,13), J, (J10), L, M, N, (N1,2)]; R9-3-(C,E); R9-3-1022(B); R9-3c-091023(A,B); R9-3-1027(F).\n\n(32) The following amendments to the plan were submitted on February 23, 1979 by the Governor's designee.\n\n(i) Nonattainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning Area.\n\n(33) The  Metropolitan Pima County Nonattainment Area Plan for CO  was submitted by the Governor's designee on March 20, 1979.\n\n(34) The  Metropolitan Pima County Nonattainment Area Plan for TSP  was submitted by the Governor's designee on March 27, 1979.\n\n(35) The following amendments to the plan were submitted on April 10, 1979, by the Governor's designee.\n\n(i) Yuma County Air Pollution Control District.\n\n(A) New or amended Rules 8-1-1.2 8-1-1.3 thru 8-1-1.6 and 8-1-1.8 thru 8-1-1.13; 8-1-2.1 thru 8-1-2.6 and 8-1-2.8; 8-1-3.1 thru 8-1-3.6, 8-1-3.7 (except paragraph \u201cF\u201d) and 8-1-3.8 thru 8-1-3.20; and Appendices I and II.\n\n(B) Previously approved on April 12, 1982 in paragraph (i)(A) of this section and now deleted without replacement Rules 8-1-1.2 through 8-1-1.6, 8-1-1.8 through 8-1-1.13, 8-1-2.1 through 8-1-2.6, 8-1-2.8, 8-1-3.1 through 8-1-3.20, Appendix I, and Appendix II.\n\n(36) The following amendments to the plan were submitted on July 3, 1979 by the Governor's designee.\n\n(i) Revision to the Nonattainment Area Plan for Carbon Monoxide and Photochemical Oxidants, Maricopa County Urban Planning Area.\n\n(37) The following amendments to the plan were submitted on September 20, 1979 by the Governor's designee.\n\n(i) Arizona State Rules and Regulations for Air Pollution Control.\n\n(A) New or amended rule R9-3-515 (Paragraphs C.1.a. to C.1.h.; C.2; C.3, C.3.b., C.3.c., and C.3.h.; C.4.c. to C.4.g. and C.4.i.; C.5 and C.5.b. to C.5.d.; C.6.b.i. to C.6.b.iii., C.6.b.vi., C.6.b.vii., and C.6.c.; and C.8.).\n\n(ii) \u201cASARCO Incorporated, Hayden Copper Smelter, State Implementation Plan Determination of Good Engineering Practice Stack Height,\u201d September 17, 1979, issued by ADHS.\n\n(38) The following amendment to the plan were submitted on October 9, 1979, by the Governor's designee.\n\n(i) Pima County Health Department.\n\n(A) New or amended Regulation 10: Rules 101-103; Regulation 11: Rules 111-113; Regulation 12: Rules 121-123; Regulation 13: Rules 131-137; Regulation 14: Rules 141 and 143-147; Regulation 15: Rule 151; Regulation 16: Rules 161-165; Regulation 17: Rules 172-174; Regulation 18: Rules 181 and 182; Regulation 20: Rules 201-205; Regulation 21: Rules 211-215; Regulation 22: Rules 221-226; Regulation 23: Rules 231-232; Regulation 24: Rules 241 and 243-248; Regulation 25: Rules 251 and 252; Regulation 30: Rules 301 and 302; Regulation 31: Rules 312-316 and 318; Regulation 32: Rule 321; Regulation 33: Rules 331 and 332; Regulation 34: Rules 341-344; Regulation 40: Rules 402 and 403; Regulation 41: 411-413; Regulation 50: Rules 501-503 and 505-507; Regulation 51: Rules 511 and 512; Regulation 60: Rule 601; Regulation 61: Rule 611 (Paragraph A.1 to A.3) and Rule 612; Regulation 62: Rules 621-624; Regulation 63: Rule 631; Regulation 64: Rule 641; Regulation 70: Rules 701-705 and 706 (Paragraphs A to C, D.3, D.4, and E); Regulation 71: Rules 711-714; Regulation 72: Rules 721 and 722; Regulation 80: Rules 801-804; Regulation 81: Rule 811; Regulation 82: Rules 821-823; Regulation 90: Rules 901-904; Regulation 91: Rule 911 (except Methods 13-A, 13-B, 14, and 15), and Rules 912 and 913; Regulation 92: Rules 921-924; and Regulation 93: Rules 931 and 932.\n\n( 1 ) Previously approved on April 16, 1982 in paragraph (c)(38)(i)(A) of this section and now deleted from the SIP without replacement Pima County Health Department Regulations: Regulation 13: Rules 131-137; Regulation 16: Rule 164; Regulation 18: Rules 181 and 182; Regulation 20: Rule 205; Regulation 21: Rule 214; and Regulation 24: Rules 245-248.\n\n(B) New or amended Regulation 17: Rule 171, paragraphs B.1, B.1.a, B.7, B.8, C.1.a, C.1.b, C.2.a, C.2.c, C.2.d, C.3.a, and E.1.b; Regulation 42: Rules 421, 422, 423, 424, 425, and 426; and Regulation 50: Rule 504.\n\n(C) Previously approved on April 16, 1982 and now deleted without replacement Rules 141, 143 to 147, 702, 711 to 714.\n\n(39) The following amendments to the plan were submitted on November 8, 1979 by the Governor's designee.\n\n(i) Nonattainment Area Plan for Total Suspended Particulates, Maricopa County Urban Planning Area.\n\n(40) [Reserved]\n\n(41) The following amendments to the plan were submitted on February 15, 1980, by the Governor's designee.\n\n(i) 1.0 Air Quality Surveillance Network.\n\n(42) The  Technical Basis of New Source Review Regulations, Pima County, Arizona, February 6, 1980  (AQ-125-a) was submitted by the Governor's designee on February 28, 1980.\n\n(43) The following amendments to the plan were submitted on April 1, 1980 by the Governor's designee.\n\n(i) Arizona State Rules and Regulations for Air Pollution Control.\n\n(A) R9-3-101, A., Nos. 7, 27, 46, 52, 54, 72, 73, 74, 81, 84, 85, 86, 88, 89, 92, 96, 97, 98, 111, 117, 118, and 122; R9-3-301, paragraphs B-1, B-2, C, E, F, H, I, J, K, M, N, O, P, and Q; R9-3-302, (except paragraphs D, E, and I); R9-3-303; R9-3-306, paragraphs B-2, C-1, C-3, and C-5 to C-7, E, F, G-1, G-3, G-4, H, and I; and R9-3-307, paragraphs A, B, D, and F.\n\n(B) New or amended Rules R9-3-101 (Nos. 5, 15, 16, 42, 49, 51, 55, 94, 101, 103, 106, 126, 127, and 133), R9-3-201 (paragraph D.2), R9-3-202 (Paragraph D.2), R9-3-203 (Paragraph D.2), R9-3-204 (Paragraph C.2), R9-3-205 (Paragraph C.2), R9-3-206 (Paragraph C.2), R9-3-207 (Paragraph C.2), R9-3-313 (Paragraph F.1.a.i and ii), R9-3-401, R9-3-405, R9-3-408, R9-3-501 (Paragraph A to C), R9-3-502 (Paragraph A to A.4), R9-3-503 (Paragraphs B, C.1,C.2.a. to C.2.f., C.4 and C.5), R9-3-504 (Paragraph A.1 to A.4), R9-3-508 (Paragraph B.1 to B.6), R9-3-510 (Paragraph A.1 and A.2), R9-3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to A.5), R9-3-513 (Paragraph A.1 to A.5), R9-3-514 (Paragraph A.2), R9-3-516 (Paragraph A.1 to A.6), R9-3-517 (Paragraph A.1 to A.5), R9-3-518 (Paragraph A.1 to A.5), R9-3-520 (Paragraph A.1 to A.6), R9-3-521 (Paragraph A.1 to A.5), and Appendices 1 and 2.\n\n(C) Previously approved in paragraphs (c)(43)(i)(A) and (B) of this section and now deleted without replacement: R9-3-101 (all paragraphs and nos. listed), R9-3-301 (all paragraphs listed), R9-3-302 (all paragraphs listed), R9-3-303, R9-3-306 (all paragraphs listed), R9-3-307 (all paragraphs listed), and R9-3-518 (Paragraph A.1 to A.5).\n\n(D) Previously approved on April 23, 1982, in paragraph (c)(43)(i)(B) of this section and now deleted without replacement: R9-3-511 (Paragraph A.1 to A.5), R9-3-512 (Paragraph A.1 to A.5), R9-3-513 (Paragraph A.1 to A.5), and R9-3-517 (Paragraph A.1 to A.5).\n\n(ii) Arizona Lead SIP Revision.\n\n(44) The following amendments to the plan were submitted on June 23, 1980 by the Governor's designee.\n\n(i) Maricopa County Bureau of Air Pollution Control Rules and Regulations.\n\n(A) Rule 34, Organic Solvents.\n\n(B) New or amended Rules 2 (except #49 and 57), 3, 24, 25, 25, 26, 27, 30, 31(A), (B), and (H), 32, (G), (H), (J), and (K), 40, 70-72, and 74 and deletion of \u201cee\u201d.\n\n(45) The following amendments to the plan were submitted on July 17, 1980 by the Governor's designee.\n\n(i) Arizona State Rules and Regulations for Air Pollution Control.\n\n(A) R-9-3-101, A., Nos. 73, 74, 75, 83, 86, 87, 88, 90, 91, 94, 98, 99, 100, 113, 119, 120, and 124; R9-3-301, paragraphs A, B-3, G, I, J, K, L, M, N, O, P, Q, and R; R9-3-306, paragraphs A, B-1, B-3, B-4, C-2, C-4, and G-2; and R9-3-320, paragraphs B and C.\n\n(B) New or amended Rules R9-3-101 (Nos. 6(b), 10, 12, 14, 36, 50, 55, 77, 84, and 92), R9-3-311 (Paragraph B), R9-3-313 (Paragraphs A.2.a., D.2, D.4, F.1.C, and F.2.a.), R9-3-320 (Paragraph A), R9-3-502 (Paragraph C.1), R9-3-503 (Paragraph C, C.2, C.2.g. and C.3), R9-3-504 (Paragraph A), R9-3-505 (Paragraph B.1.a, B.2.a), R9-3-506 (Paragraph A to A.1), R9-3-507 (Paragraphs A to C), R9-3-508 (Paragraph B), R9-3-509, R9-3-510 (Paragraph A), R9-3-511 (Paragraph A), R9-3-512 (Paragraph A), R9-3-513 (Paragraph A), R9-3-514 (Paragraphs A to A.1), R9-3-516 (Paragraph A), R9-3-517 (Paragraph A), R9-3-518 (Paragraph A), R9-3-519 (Paragraph A to A.1, A.3, and A.3.d), R9-3-520 (Paragraph A), R9-3-521 (Paragraph A), R9-3-522 (Paragraph A), R9-3-523 (Paragraph A), R9-3-524 (Paragraphs A, B, D, and D.3), R9-3-525 (Paragraph A), R9-3-528 (Paragraphs A and F.5), Section 3, Method 11; Section 3.16, Method 16; Section 3.19, Method 19; Section 3.20, Method 20; and Appendix 10 (Sections A10.2 and A10.2.1).\n\n(C) New or amended Rule R9-3-515 (Paragraphs A; and C.6, C.6.b, and C.6.b.v.).\n\n(D) Previously approved in paragraphs (c)(45)(i)(A) and (B) of this section and now deleted without replacement: R9-3-101 (all paragraphs and nos. listed), R9-3-301 (all paragraphs listed), R9-3-306 (all paragraphs listed), R9-3-311 (all paragraphs listed), R9-3-509, and Appendix 10 (Sections A10.2 and A10.2.1).\n\n(E) Previously approved on April 23, 1982, in paragraph (c)(45)(i)(B) of this section and now deleted without replacement: R9-3-511 (Paragraph A); R9-3-512 (Paragraph A); R9-3-513 (Paragraph A); R9-3-517 (Paragraph A); Section 3, Method 11; Section 3.16, Method 16; Section 3.19, Method 19; and Section 3.20, Method 20.\n\n(46) The following amendments to the plan were submitted on August 7, 1980, by the Governor's designee.\n\n(i) Pinal-Gila Counties Air Quality Control District.\n\n(A) New or amended Rules 7-1-1.2, 7-1-1.3(C), 7-3-1.1, 7-3-1.4(C), 7-3-1.7(F), and 7-3-3.4.\n\n(B) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) of this section and now deleted without replacement Rules 7-1-1.2 and 7-1-1.3(C).\n\n(C) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) of this section and now deleted without replacement with respect to Gila County only Rules 7-3-1.1, 7-3-1.4(C), 7-3-1.7(F), and 7-3-3.4.\n\n(D) Previously approved on April 12, 1982 in paragraph (c)(46)(i)(A) of this section and now deleted without replacement with respect to Pinal County only Rule 7-3-3.4.\n\n(47) The following amendments to the plan were submitted on September 10, 1980, by the Governor's designee.\n\n(i) Arizona State Rules and Regulations and Air Pollution Control.\n\n(A) New or amended Rules R9-3-101 (Nos. 24, 55, 102, and 115 (25-54, 56-101, 103-114, and 116-140 are renumbered only), R9-3-201 (Paragraphs A to D.1 and E), R9-3-202 (Paragraphs A to D.1 and E), R9-3-203 (Paragraphs A to D.1 and E), R9-3-204 (Paragraphs A to C.1 and D), R9-3-205 (Paragraphs A to C.1 and D), R9-3-206 (Paragraphs A to C.1 and D), R9-3-207 (Paragraphs A to C.1 and D), and R9-3-216.\n\n( 1 ) Previously approved in this paragraph (c)(47)(i)(A) and now deleted without replacement: R9-3-101 (all paragraphs and nos. listed).\n\n(48) Arizona Lead SIP Revision submitted by the State on September 26, 1980.\n\n(49) The following amendments to the plan were submitted on July 13, 1981 by the Governor's designee.\n\n(i) Arizona Revised Statute Sec. 36-1718.\n\n(50) The following amendments to the plan were submitted on July 13, 1981, by the Governor's designee.\n\n(i) Arizona State Rules and Regulations for Air Pollution Control.\n\n(A) New or amended Rules R9-3-310 (Paragraphs A and B), R9-3-501 (Paragraph D), R9-3-503 (Paragraph C.6), R9-3-506 (Paragraph C to C.1), and Appendix 10 (Sections A10.1-A10.1.3.2).\n\n(B) New or amended Rule R9-3-515 (Paragraph C.4.a. and C.4.b.).\n\n(C) Previously approved in paragraph (c)(50)(i)(A) of this section and now deleted without replacement: R9-3-310 (Paragraphs A and B) and Appendix 10 (Sections A10.1-A10.1.3.2).\n\n(ii) Arizona Revised Statutes.\n\n(A) Arizona County: Chapter 6, Article 8. Air Pollution, Sections 36-770 to 36-778, 36-779 to 36-779.07, 36-780, 36-780.01, 36-781 to 36-783, 36-784 to 36-784.04, 36-785, 36-785.01, 36-786 to 36-788, 36-789 to 36-789.02, 36-790, and 36-791.\n\n( 1 ) Previously approved on June 18, 1982 in paragraph (c)(50)(ii)(A) of this section and now deleted from the SIP without replacement Arizona Revised Statutes: sections 36-770, 36-776, and 36-777.\n\n(B) Arizona State: Chapter 14, Air Pollution, Article 1. State Air Pollution Control, Sections 36-1700 to 36-1702, 36-1704 to 36-1706, 36-1707 to 36-1707.06, 36-1708, 36-1720.01, and 36-1751 to 36-1753.\n\n(C) Previously approved on June 18, 1982 and now deleted without replacement Statutes 36-781, 36-782, 36-784, 36-784.01 to 36-784.04, 36-785, 36-785.01, and 36-786 to 36-788.\n\n(D) Previously approved on June 18, 1982, in paragraph (c)(50)(ii)(B) of this section and now deleted without replacement: Arizona Revised Statutes section 36-1700.\n\n(51) The following amendments to the plan were submitted on June 1, 1981, by the Governor's designee.\n\n(i) Pima County Health Department.\n\n(A) New or amended Regulation 14: Rule 142; Regulation 20: Rule 204; Regulation 24: Rule 242; Regulation 26: Rule 261; Regulation 50: Rule 504; Regulation 61: Rule 611 (Paragraph A); Regulation 70: Rule 706 (Paragraphs D.1 and D.2); and Regulation 91: Rule 911 (Methods 19 and 20).\n\n(B) Previously approved on April 16, 1982 and now deleted without replacement Rule 142.\n\n(52) The following amendments to the plan were submitted on August 5, 1981, by the Governor's designee.\n\n(i) Arizona State Rules and Regulations for Air Pollution Control.\n\n(A) New or amended Rules R9-3-1002, R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1010 to R9-3-1014, R9-3-1016, R9-3-1019, R9-3-1023, R9-3-1025, R9-3-1027, and R9-3-1030.\n\n(ii) Arizona Revised Statutes.\n\n(A) Inspection and Maintenance\u2014Chapter 14, Article 3. Annual Emissions Inspection of Motor Vehicles, Sections 36-1771 to 36-1775, 36-1708.01, 36-1709 to 36-1711, 36-1712 to 36-1712.04, 36-1713, 36-1713.01, 36-1714 to 36-1717, 36-1718, 36-1718.01, 36-1719, 36-1720, and 36-1776 to 36-1780.\n\n(B) Previously approved on June 18, 1982 and now deleted without replacement Statutes 36-1709 to 36-1712, 36-1712.01 to 36-1712.04, 36-1713, 36-1713.01, and 36-1714 to 36-1716.\n\n(53) The following amendments to the plan were submitted on March 8, 1982, by the Governor's designee.\n\n(i) Maricopa County Bureau of Air Pollution Control Rules and Regulations.\n\n(A) Rules 2 (Nos. 11 and 33, and deletion of Nos. 18, 49, 50, 52, and 54), 28 and 33.\n\n(ii) The Improvement Schedules for Transit System and Rideshare Program in Metropolitan Pima County.\n\n(54) The following amendments to the plan were submitted on June 3, 1982 by the Governor's designee.\n\n(i) Arizona State Rules and Regulations for Air Pollution Control.\n\n(A) New or amended Rule R9-3-515 Paragraphs C to C.1. and C.1.i.; C.3.a. and C.3.d. to C.3.g.; C.4. and C.4.h.; C.5.a.; C.6.a. and C.6.b.iv.; and C.9.).\n\n(B) New or amended rules R9-3-101 (Nos. 3, 7, 8, 17, 18, 19, 20, 21, 29, 34, 35, 37, 56, 61, 62, 63, 68, 69, 75, 77, 78, 79, 88, 89, 90, 91, 98, 99, 101, 117, 122, 129, 133, 136, 146, and 157; 53 and 123 are deleted); R9-3-217; R9-3-301; R9-3-304; R9-3-305; R9-3-306 (paragraph A only); R9-3-320 (Repealed and Reserved); R9-3-1101 (paragraphs A, C, and D); Appendix 1; and Appendix 2.\n\n(C) New or amended rules R9-3-101 (Nos. 4 to 6, 9 to 16, 22 to 28, 30 to 33, 36, 38 to 55, 57 to 60, 64 to 67, 70 to 74, 76, 80 to 87, 92 to 97, 100, 102 to 116, 118 to 121, 123 to 128, 130 to 132, 134, 135, 137 to 141, 142 to 145, 147 to 156, and 158 are renumbered only); R9-3-219; R9-3-502 (paragraph A to A.1 and A.2); R9-3-505 (paragraph B to B.1, B.2, B.3, and B.4); R9-3-508 (paragraph B to B.1, B.2, and B.5); R9-3-511 (paragraph A to A.1 and A.2); R9-3-513 (paragraph A to A.1 and A.2); R9-3-516 (paragraph A to A.1 and A.2); R9-3-517 (paragraph A to A.1); R9-3-518 (paragraph A to A.1 and A.2); R9-3-520 (paragraph A to A.1 and A.2); R9-3-521 (paragraph A to A.1 and A.2); R9-3-522 (paragraph A to A.1 and A.2); and Appendix 8 (Sections A8.3.1 and A8.3.2).\n\n(D) New or amended rules R9-3-302 (paragraphs A-H); and R9-3-303 (paragraphs A to C and E to I), adopted on May 26, 1982.\n\n(E) Previously approved in paragraphs (c)(54)(i)(B) and (c)(54)(i)(C) of this section and now deleted without replacement: R9-3-101 (all nos. listed except no. 20).\n\n(F) Previously approved on September 28, 1982, in paragraph (54)(i)(C), and now deleted without replacement: R9-3-219.\n\n(G) Previously approved on September 28, 1982, in paragraph (c)(54)(i)(C) of this section and now deleted without replacement: R9-3-518 (paragraphs A to A.1 and A.2).\n\n(H) Previously approved in paragraphs (c)(54)(i)(B), (C), and (D) of this section and now deleted without replacement: R9-3-301 (all paragraphs except paragraphs I and K), R9-3-302 (all paragraphs listed), R9-3-303 (all paragraphs listed), R9-3-304 (all paragraphs except paragraph H), R9-3-305, R9-3-306 (paragraph A only), and R9-3-1101 (all paragraphs listed).\n\n(I) Previously approved on September 28, 1982, in paragraph (c)(54)(i)(C) of this section and now deleted without replacement: R9-3-511 (Paragraph A to A.1 and A.2), R9-3-513 (Paragraph A to A.1 and A.2), and R9-3-517 (Paragraph A to A.1).\n\n(55) The following amendments to the plan were submitted by the Governor's designee on March 4, 1983.\n\n(i)  Incorporation by reference.  (A) Maricopa County Health Department, Bureau of Air Quality Control.\n\n( 1 ) New or amended rule 21.0:A-C, D.1.a-d, and E adopted on October 25, 1982.\n\n(56) The following amendments to the plan were submitted on February 3, 1984, by the Governor's designee.\n\n(i) Arizona State Rules and Regulations for Air Pollution Control.\n\n(A) New or amended rules R9-101 (Nos. 98 and 158), R9-3-201 to R9-3-207, R9-3-215, R9-3-218, R9-3-310, R9-3-322, R9-3-402, R9-3-404, R9-3-502, R9-3-515 (paragraph C.3., C.5., and C.6.b.v.), R9-3-529, R9-3-1101, and Appendices 1 and 11.\n\n(B) New or amended rules R9-3-101, Nos. 135 and 157, adopted on September 19, 1983.\n\n(C) Previously approved in paragraphs (c)(56)(i)(A) and (B) of this section and now deleted without replacement: R9-3-101 (Nos. 135 and 157), R9-3-218, R9-3-310, R9-3-322, R9-3-1101 and Appendix 11.\n\n(57) The following amendments to the plan were submitted by the Governor's designee on April 17, 1985.\n\n(i)  Incorporation by reference.  (A) Maricopa County Health Department, Bureau of Air Quality Control.\n\n( 1 ) New or amended regulations: rule 21.0: D.1., D.1.e, f, and g adopted on July 9, 1984.\n\n(58) The following amendments to the plan were submitted by the Governor's designee on October 18, 1985.\n\n(i)  Incorporation by reference.  (A) Pima County Health Department.\n\n( 1 ) New or amended regulations: Regulation 16: Rule 166; Regulation 17; Rules 171 and 175; Regulation 20: Rule 202; Regulation 37: Rules 371, 372, 373, Figure 371-A, Figure 371-C, and Figure 372; and Regulation 38, Rule 381, A1, 2, 3, 4, 5, and B, adopted on December 6, 1983.\n\n(59) The following amendments to the plan were submitted by the Governor's designee on October 24, 1985.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Health Services.\n\n( 1 ) New or amended rule R9-3-303, adopted on September 28, 1984.\n\n( 2 ) Previously approved in paragraph (c)(59)(i)(A)( 1 ) of this section and now deleted without replacement: R9-3-303.\n\n(60) The following amendments to the plan were submitted by the Governor's designee on October 5, 1987.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Health Services.\n\n( 1 ) New or amended rules R9-3-1001 (Nos. 8, 25, 33, 34, 38, 39, 40, and 43, No. 8), R9-3-1003, R9-3-1005, R9-3-1006, R9-3-1008, R9-3-1009, R9-3-1010, R9-3-1011, R9-3-1013, R9-3-1016, R9-3-1018, R9-3-1019, R9-3-1025, R9-3-1026, R9-3-1027, R9-3-1028, R9-3-1030, and R9-3-1031, adopted on December 23, 1986.\n\n( 2 ) Previously approved and now removed (without replacement), Rule R9-3-1014.\n\n(B) The Maricopa Association of Governments (MAG) 1987 Carbon Monoxide (CO) Plan for the Maricopa County Area, MAC CO Plan Commitments for Implementation, and Appendix A through E, Exhibit 4, Exhibit D, adopted on July 10, 1987.\n\n(61) The following amendments to the plan were submitted by the Governor's designee on January 6, 1988.\n\n(i)  Incorporation by reference.  (A) The 1987 Carbon Monoxide State Implementation Plan Revision for the Tucson Air Planning Area adopted on October 21, 1987.\n\n(62) The following amendments to the plan were submitted by the Governor's designee on March 23, 1988.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statutes.\n\n( 1 ) Senate Bill 1360: Section 6: ARS 15-1444-C (added), Section 7: QRS 15-1627-F (added), Section 21: ARS 49- 542-A (amended, Section 21: ARS 49-542-E (added), Section 21: ARS 49-542-J.3.(b) (amended), and Section 23: ARS 49-550-E (added), adopted on May 22, 1987.\n\n( 2 ) Senate Bill 1360: Section 2: ARS 9-500.03 (added), Section 14: ARS 41-796.01 (added); Section 17: 49-454 (added), Section 18: 49-474.01 (added), and Section 25: ARS 49-571 (added), adopted on May 22, 1987.\n\n(63) The following amendments to the plan were submitted by the governor's designee on May 26, 1988:\n\n(i)  Incorporation by reference.  (A) Travel reduction ordinances for Pima County: Inter governmental Agreement (IGA) between Pima County, City of Tucson, City of South Tucson, Town of Oro Valley and Town of Marana, April 18, 1988; Pima County Ordinance No. 1988-72, City of Tucson ordinance No. 6914, City of South Tucson Resolutions No. 88-01, 88-05, Town of Oro Valley Resolutions No. 162, 326 and 327, Town of Marana Resolutions No. 88-06, 88-07 and Ordinance No. 88.06.\n\n(64) The following amendments to the plan were submitted by the Governor's designee on June 1, 1988.\n\n(i)  Incorporation by reference.  (A) Letter from the Arizona Department of Environmental Quality, dated June 1, 1988, committing to administer the provisions of the Federal New Source Review regulations consistent with EPA's requirements. The commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source or major modification as defined in 40 Code of Federal Regulations, part 51, subpart I.\n\n(65) The following amendments to the plan were submitted by the Governor's designee on July 18, 1988.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statutes.\n\n( 1 ) House Bill 2206, Section 2: ARS 15-1627 (amended); Section 6: Title 28, ARS Chapter 22, Article 1, ARS 28-2701, ARS 28-2702, ARS 28-2703, ARS 28-2704, and ARS 28-2705 (added); Section 7: ARS 41.101.03 (amended); Section 9: ARS 41-2605 (amended); Section 10: ARS 41-2066 (amended); Section 11: ARS 41-2083 (amended); Section 13: Title 41, Chapter 15, Article 6, ARS 41-2121: Nos. 1, 3, 4, 5, 6, 7, 8, and 9, ARS 41-2122, ARS 41-2123, ARS 41-2124 (added); Section 15: Title 49, Chapter 3, Article 1, ARS 49-403 to 49-406 (added); Section 17: Title 49, Chapter 3, Article 3, ARS 49-506 (added); Section 18; ARS 49-542 (amended); Section 19: ARS 49-550 (amended); Section 20: ARS 49-551 (amended); Section 21: Title 49, Chapter 3, Article 5, ARS 49-553 (added), Section 22: ARS 49-571 (amended); Section 23: Title 49, Chapter 3, Article 8, ARS 49-581, ARS 49-582, ARS 49-583, ARS 49-584, ARS 49-585; ARS 49-586, ARS 49-588, ARS 49-590, and ARS 49-593 (added); Section 25: Definition of major employer, Section 27: Appropriations; Section 29: Delayed effective dates, adopted on June 28, 1988.\n\n( 2 ) House Bill 2206 section 6 which added, under Arizona Revised Statutes, title 28, chapter 22, new sections 28-2701 through 28-2708, and section 13 which added, under Arizona Revised Statutes, title 41, chapter 15, Article 6 new sections 41-2125A and 41-2125B. (Oxygenated fuels program for Pima County.)\n\n(66) The following amendments to the plan were submitted by the Governor's designee on July 22, 1988.\n\n(i)  Incorporation by reference.  (A) Letter from the Pima County Health Department, Office of Environmental Quality, dated April 24, 1988 committing to administer the New Source Review provisions of their regulations consistent with EPA's requirements. The commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source of major modification as defined in 40 Code of Federal Regulations, part 51, subpart I.\n\n(B) Letter from Maricopa County Department of Health Services, Division of Public Health, dated April 28, 1988 and submitted to EPA by the Arizona Department of Environmental Quality July 25, 1988, committing to administer the New Source Review provisions of their regulations, consistent with EPA's requirements. These commitments apply to the issuance of, or revision to, permits for any source which is a major stationary source or major modification as defined in the Code of Federal Regulations, part 51, subpart I.\n\n(C) Addendum to MAG 1987 Carbon Monoxide Plan for the Maricopa County Nonattainment Area, July 21, 1988 (supplemental information related to the SIP revision of July 18, 1988).\n\n(D) Commitment in the July 22, 1988 submittal letter to apply the oxygenated fuels program of the July 18, 1988 submittal to Pima County.\n\n(67) Regulations for the Maricopa County Bureau of Air Pollution Control were submitted on January 4, 1990 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Amended regulations: Regulation II, rule 220 and Regulation III, rule 335, both adopted July 13, 1988.\n\n(B) Amended Maricopa County Division of Air Pollution Control Rule 314, adopted July 13, 1988.\n\n(C) Amended Regulation VI, Rule 600, revised on July 13, 1988.\n\n(D) Rules 312 and 314, adopted on July 13, 1998.\n\n(68) The following amendments to the plan were submitted by the Governor's designee on June 11, 1991.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statutes.\n\n( 1 ) House Bill 2181 (approved, May 21, 1991), section 1: Arizona Revised Statute (A.R.S.) 41-2065 (amended); section 2: A.R.S. 41-2083 (amended); section 3: A.R.S. section 41-2122 (amended); section 4: A.R.S. Section 41-2123 (amended); and section 5: A.R.S. section 41-2124 (repealed).\n\n(69) The following amendment to the plan was submitted by the Governor's designee on May 27, 1994.\n\n(i)  Incorporation by reference.  (A)  Arizona Department of Weights and Measures.  ( 1 ) Letter from Grant Woods, Attorney General, State of Arizona, to John U. Hays, Director, Department of Weights and Measures, dated August 31, 1993, and enclosed Form R102 (\u201cCertification of Rules and Order of Rule Adoption\u201d).\n\n( 2 ) Arizona Administrative Code, Article 9 (\u201cGasoline Vapor Control\u201d), Rules R4-31-901 through R4-31-910, adopted August 27, 1993, effective (for state purposes) on August 31, 1993.\n\n(70) New and amended regulations for the Maricopa County Environmental Services Department\u2014Air Pollution Control were submitted on June 29, 1992, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) New Rules 337, 350, and 351, adopted on April 6, 1992.\n\n(71) New and amended regulations for the following agencies were submitted on August 15, 1994 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Pinal County Air Quality Control District.\n\n( 1 ) Chapter 1, Article 3, section 1-3-140, subsections 5, 15, 21, 32, 33, 35, 50, 51, 58, 59, 103, and 123, adopted on November 3, 1993; Chapter 3, Article 1, section 3-1-081(A)(8)(a), adopted on November 3, 1993; Chapter 3, Article 1, section 3-1-084, adopted on August 11, 1994; and Chapter 3, Article 1, section 3-1-107, adopted on November 3, 1993.\n\n(72) New and amended plans and regulations for the following agencies were submitted on November 13, 1992 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 ) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on November 13, 1992.\n\n(B) Maricopa County Environmental Quality and Community Services Agency.\n\n( 1 ) Rule 340, adopted on September 21, 1992.\n\n(73) [Reserved]\n\n(74) Plan revisions were submitted by the Governor's designee on March 3, 1994.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department new Rule 316, adopted July 6, 1993, and revised Rule 311, adopted August 2, 1993. Note: These rules are restored as elements of the State of Arizona Air Pollution Control Implementation Plan effective September 3, 1997.\n\n(B) [Reserved]\n\n(75) Program elements submitted on November 14, 1994, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 ) Basic and Enhanced Inspection and Maintenance Vehicle Emissions Program. Adopted on September 15, 1994.\n\n(76) Program elements were submitted on February 1, 1995 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on February 1, 1995.\n\n(77) Amended regulations for the following agency were submitted on December 19, 1994, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department.\n\n( 1 ) Rule 334, adopted on September 20, 1994.\n\n(78) New and amended regulations for the Maricopa County Environmental Services Department\u2014Air Pollution Control were submitted on February 4, 1993, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) New Rule 352, adopted on November 16, 1992.\n\n(B) Rule 100, Section 504 adopted on November 16, 1992.\n\n(C) Rule 339, adopted on November 16, 1992.\n\n(79) New and amended regulations for the following agencies were submitted on June 29, 1992 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Quality and Community Services Agency.\n\n( 1 ) Rule 353, adopted on April 6, 1992.\n\n(80) New and amended regulations for the following agencies were submitted on August 10, 1992 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Quality and Community Services Agency.\n\n( 1 ) Rules 331 and 333, adopted on June 22, 1992.\n\n(81) Amended regulation for the following agency was submitted on August 16, 1994, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department.\n\n( 1 ) Rule 341, adopted on August 5, 1994.\n\n(82) New and amended rules and regulations for the Maricopa County Environmental Services Department\u2014Air Pollution Control were submitted on August 31, 1995, by the Governor's designee.\n\n(i)  Incorporated by reference.  (A) Rule 343, adopted on February 15, 1995.\n\n(B) [Reserved]\n\n(C) Rule 351, revised on February 15, 1995.\n\n(D) Rule 318 and Residential Woodburning Restriction Ordinance, adopted on October 5, 1994.\n\n(E) Maricopa County.\n\n( 1 ) Ordinance P-7, Maricopa County Trip Reduction Ordinance, adopted May 26, 1994.\n\n(83) New and revised rules and regulations for the Maricopa County Environmental Services Department-Air Pollution Control were submitted on February 26, 1997, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Rules 331, 333, and 334, revised on June 19, 1996, and Rule 338, adopted on June 19, 1996.\n\n(B) Rule 336, adopted on July 13, 1988 and revised on June 19, 1996.\n\n(84) Amended regulations for the Pinal County Air Quality Control District were submitted on November 27, 1995, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Rules 1-1-020, 1-1-030, 1-1-040, 1-1-060, 1-1-070, 1-1-080, 1-1-100, 1-2-110, 2-1-010, 2-1-020, 2-1-030, 2-1-040, 2-1-050, 2-1-060, 2-1-070, 2-2-080, 2-2-090, 2-3-100, 2-3-110, 2-4-120, 2-4-130, 2-4-140, 2-4-150, 2-5-170, 2-5-210, 2-6-220, 2-7-230, 2-7-240, 2-7-250, 2-7-260, 2-7-270, 3-1-020, 3-1-132, adopted on June 29, 1993.\n\n(B) Rules 1-1-090, 1-2-120, 3-1-010, 3-1-030, 3-1-055, 3-1-065, 3-1-070, 3-1-082, 3-1-085, 3-1-087, 3-1-090, 3-1-102, 3-1-105, 3-1-110, 3-1-120, 3-1-140, 3-1-150, 3-1-160, 3-1-170, 3-1-173, 3-1-175, 3-1-177, 3-2-180, 3-2-185, 3-2-190, 3-2-195, 3-3-200, 3-3-203, 3-3-205, 3-3-260, 3-3-270, 3-3-275, 3-3-280, adopted on November 3, 1993.\n\n(C) Rules 1-1-010, 1-1-106, 2-5-190, 2-5-200, 3-1-042, 3-1-060, 3-1-081, 3-1-083, 3-1-084, 3-1-089, 3-1-103, 3-1-107, 3-1-109, 3-3-210, 3-3-250, adopted on February 22, 1995.\n\n(D) Rules 1-3-130, 1-3-140, 2-5-160, 2-5-180, 3-1-040, 3-1-050, adopted on October 12, 1995.\n\n(E) Rules 5-22-950, 5-22-960, and 5-24-1045 codified on February 22, 1995.\n\n(F) Amendments to Rules 5-18-740, 5-19-800, and 5-24-1055 adopted on February 22, 1995.\n\n(G) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(A) of this section and now deleted without replacement, Rule 3-1-020.\n\n(H) Previously approved on April 9, 1996 in paragraph (c)(84)(i)(D) of this section and now deleted without replacement, Rule 1-3-130.\n\n(I) Rules 2-8-280, 2-8-290, 2-8-300, 2-8-310, and 2-8-320, adopted on June 29, 1993.\n\n(J) Rules 3-8-700 and 3-8-710, amended on February 22, 1995.\n\n(K) Rule 5-24-1040, codified on February 22, 1995.\n\n(L) Rules 4-2-020, 4-2-030, and 4-2-040, adopted on June 29, 1993.\n\n(M) Rule 5-24-1032, \u201cFederally Enforceable Minimum Standard of Performance\u2014Process Particulate Emissions,\u201d codified February 22, 1995.\n\n(85) New and revised rules and regulations for the Maricopa County Environmental Services Department-Air Pollution Control were submitted on March 4, 1997, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Rule 337, revised on November 20, 1996, and Rules 342 and 346, adopted on November 20, 1996.\n\n(86) [Reserved]\n\n(87) New and amended fuel regulations for the following Arizona Department of Environmental Quality plan revisions were submitted on April 29, 1997, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statutes.\n\n( 1 ) Section 13 of H.B, 2001 (A.R.S. \u00a7 41-2083(E)), adopted on November 12, 1993.\n\n(88) Plan revisions were submitted on May 7, 1997 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department.\n\n( 1 ) Rule 310, adopted September 20, 1994.\n\n( 2 ) Resolution To Improve the Administration of Maricopa County's Fugitive Dust Program and to Foster Interagency Cooperation, adopted May 14, 1997.\n\n(B) The City of Phoenix, Arizona.\n\n( 1 ) A Resolution of the Phoenix City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted April 9, 1997.\n\n(C) The City of Tempe, Arizona.\n\n( 1 ) A Resolution of the Council of the City of Tempe, Arizona, Stating Its Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 27, 1997.\n\n(D) The Town of Gilbert, Arizona.\n\n( 1 ) A Resolution of the Mayor and the Common Council of the Town of Gilbert, Maricopa County, Arizona, Providing for the Town's Intent to Work Cooperatively with Maricopa County, Arizona, to Control the Generation of Fugitive Dust Pollution, adopted April 15, 1997.\n\n(E) The City of Chandler, Arizona.\n\n( 1 ) A Resolution of the City Council of the City of Chandler, Arizona, Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 27, 1997.\n\n(F) The City of Glendale, Arizona.\n\n( 1 ) A Resolution of the Council of the City of Chandler, Maricopa County, Arizona, Stating Its Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 25, 1997.\n\n(G) The City of Scottsdale, Arizona.\n\n( 1 ) A Resolution of the Scottsdale City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution, adopted March 31, 1997.\n\n(H) The City of Mesa, Arizona.\n\n( 1 ) A Resolution of the Mesa City Council Stating the City's Intent to Work Cooperatively with Maricopa County to Control the Generation of Particulate Air Pollution and Directing City Staff to Develop a Particulate Pollution Control Ordinance Supported by Adequate Staffing Levels to Address Air Quality, adopted April 23, 1997.\n\n(89) Plan revisions were submitted on September 12, 1997 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Cleaner Burning Gasoline Interim rule submitted as a revision to the Maricopa Country Ozone Nonattainment Area Plan, adopted on September 12, 1997.\n\n(90) Plan revisions were submitted on January 21, 1998 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Cleaner Burning Gasoline Interim rule submitted as a revision to the PM-10 Maricopa County State Implementation Plan, adopted on September 12, 1997.\n\n(91) The following amendments to the plan were submitted on October 6, 1997 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) 1996 Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (as updated August, 1997).\n\n(1) Base year (1994) emissions inventory and contingency plan, including commitments to follow maintenance plan contingency procedures by the Pima Association of Governments and by the member jurisdictions: the town of Oro Valley, Arizona (Resolution No. (R) 96-38, adopted June 5, 1996), the City of South Tucson (Resolution No. 96-16, adopted on June 10, 1996), Pima County (Resolution and Order No. 1996-120, adopted June 18, 1996), the City of Tucson (Resolution No. 17319, adopted June 24, 1996), and the town of Marana, Arizona (Resolution No. 96-55, adopted June 18, 1996).\n\n(B) Arizona Revised Statutes. Senate Bill 1002, Sections 26, 27 and 28: ARS 41-2083 (amended), 41-2122 (amended), 41-2125 (amended), adopted on July 18, 1996.\n\n(92) Plan revisions were submitted on March 3, 1995, by the Governor's designee.\n\n(A) Arizona State Administrative Code Title 18, Chapter 2, Article 14, adopted on December 23, 1994.\n\n(93) Plan revisions were submitted on September 4, 1998 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statute 49-457.\n\n(94) New and amended rules and regulations for the Maricopa County Environmental Services Department-Air Pollution Control were submitted on August 4, 1999, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Rule 336, adopted on July 13, 1988 and revised on April 7, 1999 and Rule 348, adopted on April 7, 1999.\n\n(B) Rule 318 and Residential Woodburning Restriction Ordinance, revised on April 21, 1999.\n\n(C) Rule 347, adopted on March 4, 1998.\n\n(D) Rule 316, adopted on April 21, 1999.\n\n(E) Rule 344, adopted on April 7, 1999.\n\n(F) Rule 349, adopted on April 7, 1999.\n\n(G) Rule 331, revised on April 7, 1999.\n\n(95) The following amendments to the plan were submitted on August 11, 1998 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statutes.\n\n( 1 ) Senate Bill 1427, Section 14: ARS 49-401.01 (amended) and Section 15: 49-406 (amended), approved on May 29, 1998.\n\n(96) The following amendments to the plan were submitted on September 1, 1999 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statutes.\n\n( 1 ) House Bill 2254, Section 1: ARS 41-3009.01 (amended); Section 2: 49-541.01 (amended); Section 3: 49-542 (amended); Section 4: 49-545 (amended); Section 5: 49-557 (amended); Section 6: 49-573 (amended); Section 7: 41-803 (amended) and Section 8: 41-401.01 (amended), adopted on May 18, 1999.\n\n( 2 ) House Bill 2189, Section 3: ARS 41-796.01 (amended); Section 9: 41-2121 (amended); Section 40: 49-401.01 (amended), Section 41: 49-402 (amended); Section 42: 49-404 (amended): Section 43:49-454 (amended); Section 44: 49-541 (amended); and Section 46: 49-571 (amended), adopted on May 18, 1999\n\n(97) New and amended rules for the Arizona Department of Environmental Quality were submitted on March 26, 2001, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Rules R18-2-310 and R18-2-310.01 effective on February 15, 2001.\n\n(98) Plan revisions were submitted on July 11, 2000 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Administrative Code R18-2-610 and R18-2-611 effective May 12, 2000.\n\n(99) Plan revisions submitted on January 28, 2000 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County, Arizona.\n\n( 1 ) Residential Woodburning Restriction Ordinance adopted on November 17, 1999.\n\n(100) Plan revisions submitted on February 16, 2000 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa Association of Governments, Maricopa County, Arizona.\n\n( 1 ) Resolution to Adopt the Revised MAG 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Nonattainment Area (including Exhibit A, 2 pages), adopted on February 14, 2000.\n\n(B) City of Avondale, Arizona.\n\n( 1 ) Resolution No. 1711-97; A Resolution of the City Council of the City of Avondale, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 14 pages), adopted on September 15, 1997.\n\n( 2 ) Resolution No. 1949-99; A Resolution of the Council of the City of Avondale, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on February 16, 1999.\n\n(C) Town of Buckeye, Arizona.\n\n( 1 ) Resolution No. 15-97; A Resolution of the Town Council of the Town of Buckeye, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 5 pages), adopted on October 7, 1997.\n\n(D) Town of Carefree, Arizona.\n\n( 1 ) Town of Carefree Resolution No. 97-16; A Resolution of the Mayor and Common Council of the Town of Carefree, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 3 pages), adopted on September 2, 1997.\n\n( 2 ) Town of Carefree Resolution No. 98-24; A Resolution of the Mayor and Common Council of the Town of Carefree, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 4 pages), adopted on September 1, 1998.\n\n( 3 ) Town of Carefree Ordinance No. 98-14; An 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 on September 1, 1998.\n\n(E) Town of Cave Creek, Arizona.\n\n( 1 ) Resolution R97-28; A Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on September 2, 1997.\n\n( 2 ) Resolution R98-14; A Resolution of the Mayor and Town Council of the Town of Cave Creek, Maricopa County, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 1 page), adopted on December 8, 1998.\n\n(F) City of Chandler, Arizona.\n\n( 1 ) Resolution No. 2672; A Resolution of the City Council of the City of Chandler, Arizona To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 pages), adopted on August 14, 1997.\n\n( 2 ) Resolution No. 2929; A Resolution of the City Council of the City of Chandler, Arizona, To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 9 pages), adopted on October 8, 1998.\n\n(G) City of El Mirage, Arizona.\n\n( 1 ) Resolution No. R97-08-20; Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 8 pages), adopted on August 28, 1997.\n\n( 2 ) Resolution No. R98-08-22; A Resolution of the Mayor and Common Council of the City of El Mirage, Arizona, Amending Resolution No. R98-02-04 To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 pages), adopted on August 27, 1998.\n\n( 3 ) Resolution No. R98-02-04; A Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 pages), adopted on February 12, 1998.\n\n(H) Town of Fountain Hills, Arizona.\n\n( 1 ) Resolution No. 1997-49; A Resolution of the Common Council of the Town of Fountain Hills, Arizona, Adopting the MAG 1997 Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area and Committing to Certain Implementation Programs (including Exhibit B, 5 pages and cover), adopted on October 2, 1997.\n\n( 2 ) Town of Fountain Hills Resolution No. 1998-49; Resolution To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on October 1, 1998. [ Incorporation Note:  Incorporated materials are pages 4 to 10 of the 11-page resolution package; pages 1 and 2 are cover sheets with no substantive content and page 11 is a summary of measures previously adopted by the Town of Fountain Hills.]\n\n(I) Town of Gilbert, Arizona.\n\n( 1 ) Resolution No. 1817; A Resolution of the Common Council of the Town of Gilbert, Maricopa County, Arizona, Authorizing the Implementation of the MAG 1997 Serious Area Particulate Plan for PM-10 and the MAG Serious Area Carbon Monoxide Plan for the Maricopa County Area (including 15 pages of attached material), adopted on June 10, 1997.\n\n( 2 ) Resolution No. 1864; A Resolution of the Common Council of the Town of Gilbert, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Attachment A, 5 pages), adopted on November 25, 1997. [ Incorporation note:  Attachment A is referred to as Exhibit A in the text of the Resolution.]\n\n( 3 ) Ordinance 1066; An 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), adopted on November 25, 1997.\n\n( 4 ) Resolution No. 1939: A Resolution of the Common Council of the Town of Gilbert, Arizona, Expressing its Commitment to Implement Measures in the Maricopa Association of Governments (MAG) 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Attachment A, 5 pages), adopted on July 21, 1998. [ Incorporation note:  Attachment A is referred to as Exhibit A in the text of the Resolution.]\n\n(J) City of Glendale, Arizona.\n\n( 1 ) Resolution No. 3123 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 20 pages), adopted on June 10, 1997.\n\n( 2 ) Resolution No. 3161 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 6 pages), adopted on October 28, 1997.\n\n( 3 ) Resolution No. 3225 New Series; A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 9 pages), adopted on July 28, 1998.\n\n(K) City of Goodyear, Arizona.\n\n( 1 ) Resolution No. 97-604 Carbon Monoxide Plan; A Resolution of the Council of the City of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 21 pages), adopted on September 9. [ Incorporation note:  Adoption year not given on the resolution but is understood to be 1997 based on resolution number.]\n\n( 2 ) Resolution No. 98-645; A Resolution of the Council of the City of Goodyear, Maricopa County, Arizona, Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Attachment III, 7 pages), adopted on July 27, 1998.\n\n(L) City of Mesa, Arizona.\n\n( 1 ) Resolution No. 7061; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 13 pages plus index page), adopted on June 23, 1997.\n\n( 2 ) Resolution No. 7123; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 10 pages), adopted on December 1, 1997.\n\n( 3 ) Resolution No. 7360; A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, to Implement Measures in the MAG Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on May 3, 1999.\n\n( 4 ) Ordinance No. 3434; An 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), adopted on February 2, 1998.\n\n(M) Town of Paradise Valley, Arizona.\n\n( 1 ) Resolution Number 913; A Resolution of the Town of Paradise Valley, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 9 pages), adopted on October 9, 1997.\n\n( 2 ) Resolution Number 945; A Resolution of the Mayor and Town Council of the Town of Paradise Valley, Arizona, to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 5 pages), adopted on July 23, 1998.\n\n( 3 ) Ordinance Number 454; An 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), adopted on January 22, 1998. [ 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.]\n\n( 4 ) Ordinance Number 450; An 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), adopted on December 18, 1997.\n\n(N) City of Peoria, Arizona.\n\n( 1 ) Resolution No. 97-37; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibits A, 5 pages, and B, 19 pages), adopted on June 17, 1997.\n\n( 2 ) Resolution No. 97-113; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area and Directing the Recording of This Resolution with the Maricopa County Recorder and Declaring an Emergency (including Exhibit A, 8 pages plus index page), adopted on October 21, 1997.\n\n( 3 ) Resolution No. 98-107; A Resolution of the Mayor and Council of the City of Peoria, Arizona, to Approve and Authorize the Acceptance to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 7 pages), adopted on July 21, 1998.\n\n(O) City of Phoenix, Arizona.\n\n( 1 ) Resolution No. 18949; A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, 19 pages), adopted on July 2, 1997.\n\n( 2 ) Resolution No. 19006; A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, 13 pages), adopted on November 19, 1997.\n\n( 3 ) Ordinance No. G4037; An 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, adopted on July 2, 1997 (5 pages).\n\n( 4 ) Resolution No. 19141; A Resolution Stating the City's Intent to Implement Measures to Reduce Particulate Air Pollution (including Exhibit A, 10 pages), adopted on September 9, 1998.\n\n( 5 ) Ordinance No. G4062; An Ordinance Amending the Phoenix City Code By Adding A New Chapter 40 \u201cEnvironmental Protections,\u201d 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), adopted on December 10, 1997.\n\n(P) Town of Queen Creek, Arizona.\n\n( 1 ) Resolution 129-97; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 3 pages), adopted on June 4, 1997.\n\n( 2 ) Resolution 145-97; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 1 page), adopted on November 5, 1997.\n\n( 3 ) Resolution 175-98; A Resolution of the Town Council of the Town of Queen Creek, Maricopa County, Arizona to Implement Measures in the MAG 1998 Serious Area Particulate Plan for the Maricopa County Area (including Exhibit A, 9 pages), adopted on September 16, 1998.\n\n(Q) City of Scottsdale, Arizona.\n\n( 1 ) Resolution No. 4864; A Resolution of the City of Scottsdale, Maricopa County, Arizona, To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area: Stating the Council's Intent to Implement Certain Control Measures Contained in that Plan (including Exhibit A, 21 pages), adopted on August 4, 1997.\n\n( 2 ) Resolution No. 4942; Resolution of the Scottsdale City Council To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 13 pages), adopted on December 1, 1997.\n\n( 3 ) Resolution No. 5100; A Resolution of the City of Scottsdale, Maricopa County, Arizona, To Strengthen Particulate Dust Control and Air Pollution Measures in the Maricopa County Area (including Exhibit A, 10 pages), adopted on December 1, 1998.\n\n(R) City of Surprise, Arizona.\n\n( 1 ) Resolution No. 97-29; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on June 12, 1997.\n\n( 2 ) Resolution No. 97-67; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 3 pages), adopted on October 23, 1997.\n\n( 3 ) Resolution No. 98-51; A Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 6 pages), adopted on September 10, 1998.\n\n(S) City of Tempe, Arizona.\n\n( 1 ) Resolution No. 97.39; Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 18 pages), adopted on June 12, 1997.\n\n( 2 ) Resolution No. 97.71, Resolution of the Council of the City of Tempe Stating Its Intent to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 6 pages), adopted on November 13, 1997.\n\n( 3 ) Resolution No. 98.42, Resolution of the Council of the City of Tempe Implementing Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on September 10, 1998.\n\n(T) City of Tolleson, Arizona.\n\n( 1 ) Resolution No. 788, A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures in the Maricopa Association of Governments (MAG) 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 12 pages), adopted on June 10, 1997.\n\n( 2 ) Resolution No. 808, A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures in the Maricopa Association of Governments (MAG) 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A), adopted on July 28, 1998.\n\n( 3 ) 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 on December 8, 1998.\n\n(U) Town of Wickenburg, Arizona.\n\n( 1 ) Resolution No. 1308, Resolution To Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on August 18, 1997.\n\n(V) Town of Youngtown, Arizona.\n\n( 1 ) Resolution No. 97-15, Resolution To Implement Measures in the MAG 1997 Serious Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 4 pages), adopted on September 18, 1997.\n\n( 2 ) Resolution No. 98-15: Resolution To Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on August 20, 1998.\n\n( 3 ) Resolution No 98-05: Resolution Stating Intent to Work Cooperatively with Maricopa County to Control the Generation of Fugitive Dust Pollution (including Exhibit A, 2 pages), adopted February 19, 1998.\n\n(W) Maricopa County, Arizona.\n\n( 1 ) Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1A998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 16 pages), adopted on June 25, 1997. [ Incorporation note:  \u201c1A998\u201d error in the original.]\n\n( 2 ) Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 9 pages), adopted on November 19, 1997.\n\n( 3 ) Resolution to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 10 pages), adopted on February 17, 1999.\n\n( 4 ) Resolution to Implement Measures in the MAG 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 10 pages), adopted on December 15, 1999.\n\n(X) Arizona Department of Transportation, Phoenix, Arizona.\n\n( 1 ) Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 24 pages plus index page), adopted on June 20, 1997.\n\n( 2 ) Resolution to Implement Measures in the MAG 1998 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 8 pages), adopted on July 17, 1998.\n\n(Y) Regional Public Transportation Authority, Phoenix, Arizona.\n\n( 1 ) Resolution #9701: Resolution to Implement Measures in the MAG 1997 Serious Area Particulate Plan for PM-10 and MAG 1998 Serious Area Carbon Monoxide Plan for the Maricopa County Area (including Exhibit A, 23 pages), adopted on June 12, 1997.\n\n(Z) State of Arizona.\n\n( 1 ) Arizona Revised Statute Section 49-542(F)(7) as added in Section 31 of Arizona Senate Bill 1002, 42nd Legislative Session, 7th Special Session (1996), approved by the Governor July 18, 1996.\n\n(101) Plan revisions submitted on March 2, 2000, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department.\n\n( 1 ) Rule 310 revised on February 16, 2000.\n\n( 2 ) Rule 310.01 adopted on February 16, 2000.\n\n( 3 ) Appendix C revised on February 16, 2000.\n\n(102) Plan revisions submitted on January 8, 2002, by the Governor's designee.\n\n(i)  Incorporation by reference.  (1) Maricopa County, Arizona.\n\n( 1 ) Resolution to Update Control Measure 6 in the Revised MAG 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Area (including Exhibit A, 2 pages), adopted on December 19, 2001.\n\n(103) The following plan was submitted on February 7, 2002, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n(1) Bullhead City Moderate Area PM 10  Maintenance Plan and Request for Redesignation to Attainment, adopted on February 7, 2002.\n\n(104) The following plan was submitted on March 29, 2002, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n(1) Payson Moderate Area PM 10  Maintenance Plan and Request for Redesignation to Attainment, adopted on March 29, 2002.\n\n(B) [Reserved]\n\n(105) Amended rule for the following agency was submitted on March 22, 2002, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department.\n\n( 1 ) Rule 314, revised on December 19, 2001.\n\n(106) Amended rule for the following agency was submitted on February 22, 2002, by the governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department.\n\n( 1 ) Rule 140, revised on September 5, 2001.\n\n(107) Amended rules for the following agency were submitted on October 7, 1998 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Pinal County Air Quality Control District.\n\n( 1 ) Rule 1-3-140, adopted on June 29, 1993 and amended on July 29, 1998.\n\n( 2 ) Rule 4-2-050, adopted on May 14, 1997.\n\n(108) Revisions to the Arizona State Implementation Plan for the Motor Vehicle Inspection and Maintenance Programs, submitted on July 6, 2001.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statutes.\n\n( 1 ) Section 49-551 as amended in Section 27 of Arizona Senate Bill 1427, 43rd Legislature, 2nd Regular Session (1998), approved by the Governor on May 29, 1998.\n\n( 2 ) Section 49-544 as amended in Section 15 of Arizona Senate Bill 1007, 43rd Legislature, 4th Special Session (1998), approved by the Governor on May 20, 1998.\n\n( 3 ) Section 49-541 as amended in Section 44 of Arizona House Bill 2189, 44th Legislature, 1st Regular Session (1999), approved by the Governor on May 18, 1999.\n\n( 4 ) Section 49-542.01 repealed in Section 3 and Section 49-545 as amended in Section 5 of Arizona House Bill 2104, 44th Legislature, 2nd Regular session (2000), approved by the Governor on April 28, 2000.\n\n( 5 ) Section 49-542.05 as added in Section 23 of Arizona Senate Bill 1004, 44th Legislature, 7th Special Session (2000), approved by the Governor on December 14, 2000.\n\n(B) Arizona Administrative Code.\n\n( 1 ) Title 18, Chapter 2, Article 10 (except for AAC R 18-2-1020) \u201cMotor Vehicles; Inspection and Maintenance\u201d as adopted on December 31, 2000.\n\n(109) Revisions to the Arizona State Implementation Plan for the Motor Vehicle Inspection and Maintenance Programs, submitted on April 10, 2002 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statutes.\n\n( 1 ) Section 49-542 as amended in Section 9, Section 49-543 as amended in Section 11, and Section 49-541.01 repealed in Section 29 of Arizona House Bill 2538, 45th Legislature, 1st Regular Session (2001), approved by the Governor on May 7, 2001.\n\n(B) Arizona Administrative Code.\n\n( 1 ) Amendments to AAC R 18-2-1006 and 18-2-1019, and the repeal of AAC R 18-2-1014 and R 18-2-1015 effective January 1, 2002.\n\n(110) New and amended regulations were submitted on July 15, 1998, and supplemented on May 16, 2014, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 ) Rules R18-2-701, R18-2-710, R18-2-725, R18-2-727, R18-2-801, R18-2-802, R18-2-803, R18-2-804, and R18-2-805, amended on November 15, 1993.\n\n( 2 ) Rules R18-2-715.02 and R18-2-715, Appendix 8 amended on November 15, 1993.\n\n( 3 ) Arizona Administrative Code, title 18 (\u201cEnvironmental Quality\u201d), chapter 2 (\u201cDepartment of Environmental Quality\u2014Air Pollution Control\u201d), supp. 12-2, June 30, 2012: R18-2-601 (\u201cGeneral\u201d); R18-2-604 (\u201cOpen Areas, Dry Washes, or Riverbeds\u201d); R18-2-605 (\u201cRoadways and Streets\u201d); R18-2-606 (\u201cMaterial Handling\u201d); R18-2-607 (\u201cStorage Piles\u201d); and R18-2-614 (\u201cEvaluation of Nonpoint Source Emissions\u201d); R18-2-706 (\u201cStandards of Performance for Existing Nitric Acid Plants\u201d); R18-2-707 (\u201cStandards of Performance for Existing Sulfuric Acid Plants\u201d); R18-2-714 (\u201cStandards of Performance for Existing Sewage Treatment Plants\u201d); R18-2-723 (\u201cStandards of Performance for Existing Concrete Batch Plants\u201d); R18-2-726 (\u201cStandards of Performance for Sandblasting Operations\u201d); and R18-2-728 (\u201cStandards of Performance for Existing Ammonium Sulfide Manufacturing Plants\u201d).\n\n(111) The following plan was submitted on June 18, 2002, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 ) Ajo Sulfur Dioxide State Implementation and Maintenance Plan, adopted by Arizona Department of Environmental Quality on June 18, 2002.\n\n(112) Revised regulations were submitted on August 15, 2001, by the Governor's designee as part of the submittal entitled  Arizona Cleaner Burning Gasoline Rule to Revise the State Implementation Plan for the Maricopa County Carbon Monoxide, Ozone, and PM10 Nonattainment Areas.  The incorporated materials from this submittal supersede those included in the submittals entitled  SIP Revision, Arizona Cleaner Burning Gasoline Permanent Rules\u2014Maricopa County Ozone Nonattainment Area,  submitted on February 24, 1999, and  State Implementation Plan Revision for the Cleaner Burning Gasoline Program in the Maricopa County Ozone Nonattainment Area,  submitted on March 29, 2001.\n\n(i)  Incorporation by reference.  (A) Arizona Administrative Code.\n\n( 1 ) AAC R20-2-701, R20-2-716, R20-2-750 through 762, and Title 20, Chap. 2, Art. 7, Tables 1 and 2 (March 31, 2001).\n\n(113) Revised statutes were submitted on January 22, 2004, by the Governor's designee as part of the submittal entitled  Supplement to Cleaner Burning Gasoline Program State Implementation Plan Revision.  The incorporated materials from this submittal supersede those included in the submittals entitled  SIP Revision, Arizona Cleaner Burning Gasoline Permanent Rules\u2014Maricopa County Ozone Nonattainment Area,  submitted on February 24, 1999,  State Implementation Plan Revision for the Cleaner Burning Gasoline Program in the Maricopa County Ozone Nonattainment Area,  submitted on March 29, 2001, and  Arizona Cleaner Burning Gasoline Rule to Revise the State Implementation Plan for the Maricopa County Carbon Monoxide, Ozone, and PM10 Nonattainment Areas,  submitted August 15, 2001.\n\n(i)  Incorporation by reference.  (A) Arizona Revised Statutes.\n\n( 1 ) ARS sections 49-541(1)(a), (b), and (c), 41-2124, 41-2123, 41-2113(B)(4), 41-2115, and 41-2066(A)(2) (as codified on March 31, 2001).\n\n(114) The following plan was submitted on June 21, 2002, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 ) Morenci Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan, adopted by the Arizona Department of Environmental Quality on June 21, 2002.\n\n(115) Amended regulations were submitted on January 16, 2004, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n(1) Rule 18-2-101 (Paragraphs 41 and 111), amended on November 15, 1993 and Rule R-18-2-702, amended on December 26, 2003.\n\n(116) New and amended regulations were submitted on September 12, 2003, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 ) Rules R18-2-715 (sections F, G, and H) and R18-2-715.01 amended on August 9, 2002.\n\n(117) Amended regulation was submitted on July 28, 2004, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department.\n\n( 1 ) Rule 331 adopted on April 21, 2004.\n\n(118) The following plan was submitted on April 18, 2001, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 )  Revised MAG 1999 Serious Area Carbon Monoxide Plan for the Maricopa County Nonattainment Area , dated March 2001, adopted by the Maricopa Association of Governments on March 28, 2001, and adopted by the Arizona Department of Environmental Quality on April 18, 2001.\n\n(119) The following plan was submitted on June 16, 2003, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 )  MAG Carbon Monoxide Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area and Appendices , dated May 2003, adopted by the Arizona Department of Environmental Quality on June 16, 2003.\n\n(120) [Reserved]\n\n(121) A plan revision was submitted on April 20, 2005 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department.\n\n( 1 ) Permit V98-004, condition 23, W.R. Meadows of Arizona, Inc., Goodyear, AZ, adopted on February 17, 2005.\n\n(122) A plan revision was submitted on April 25, 2005 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Maricopa County Environmental Services Department.\n\n( 1 ) Rule 358 adopted on April 20, 2005.\n\n(123) The following plan was submitted on December 7, 1998, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 ) Letter and enclosures regarding Arizona's Intent to \u201cOpt-out\u201d of the Clean Fuel Fleet Program, adopted by the Arizona Department of Environmental Quality on December 7, 1998.\n\n(124) The following plan was submitted on December 14, 2000, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 )  Final Serious Area Ozone State Implementation Plan for Maricopa County,  dated December 2000, adopted by the Arizona Department of Environmental Quality on December 14, 2000.\n\n(125) The following plan was submitted on April 21, 2004, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 )  One-Hour Ozone Redesignation Request and Maintenance Plan for the Maricopa County Nonattainment Area,  dated March 2004, adopted by the Maricopa Association of Governments Regional Council on March 26, 2004 and adopted by the Arizona Department of Environmental Quality on April 21, 2004.\n\n(126) The following plan was submitted on December 14, 2001, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Douglas Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan, dated November 29, 2001, adopted by the Arizona Department of Environmental Quality on December 14, 2001.\n\n(127) The following plan was submitted on April 2, 2004, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Modeling Supplement\u2014Douglas Sulfur Dioxide (SO 2 ) State Implementation and Maintenance Plan, adopted by the Arizona Department of Environmental Quality on April 2, 2004.\n\n(128) The following plan was submitted on September 16, 2005, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Modeling and Emissions Inventory Supplement for the Douglas Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan and Redesignation Request, dated September 2005, adopted by the Arizona Department of Environmental Quality on September 16, 2005.\n\n(129) The following amended rule was submitted on September 12, 2005, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Pinal County Air Quality Control District.\n\n( 1 ) Rule 2-8-300, adopted on June 29, 1993 and amended on May 18, 2005.\n\n(130) An amended regulation was submitted on March 1, 2006, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Rule R18-2-Appendix 8, adopted on December 22, 1976 and amended effective on July 18, 2005.\n\n(131) The following amended rules were submitted on December 30, 2004, by the Governor's designee.\n\n(i)  Incorporation by reference.  (A) Arizona Department of Environmental Quality.\n\n( 1 ) Rule R18-2-602, adopted effective on May 14, 1979 and amended effective on March 16, 2004.\n\n( 2 ) Rules R18-2-1501, R18-2-1502, R18-2-1503, R18-2-1504, R18-2-1505, R18-2-1506, R18-2-1507, R18-2-1508, R18-2-1509, R18-2-1510, R18-2-1511, R18-2-1512, and R18-2-1513, adopted effective on October 8, 1996 and amended effective on March 16, 2004.\n\n(B) Pima County Department of Environmental Quality.\n\n( 1 ) Rule 17.12.480, amended on October 19, 2004.\n\n(C) Pinal County Air Quality Control District.\n\n( 1 ) Rules 3-8-700 and 3-8-710, adopted effective on June 29, 1993 and amended on October 27, 2004.\n\n(132) The following plan revision was submitted on June 26, 2002, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n(1) Final Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan (June 2002), chapter 7 (\u201cMaintenance Plan\u201d), adopted on June 26, 2002 by the Arizona Department of Environmental Quality.\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Final Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan (June 2002), excluding the cover page, and pages iii, 2, 3, 4, and 49; chapter 7 (\u201cMaintenance Plan\u201d); appendix A (\u201cSIP Support Information\u201d), sections A.1 (\u201cPertinent Sections of the Arizona Administrative Code\u201d) and A.2 (\u201cInformation Regarding Revisions to AAC R18-2-715 and R18-2-715.01, \u2018Standards of Performance for Primary Copper Smelters: Site Specific Requirements; Compliance and Monitoring\u2019 \u201d); and appendix D (\u201cSIP Public Hearing Documentation\u201d), adopted on June 26, 2002 by the Arizona Department of Environmental Quality.\n\n( 2 ) Submittal of Corrections to the Final Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan (June 2002), letter and enclosures (replacement pages for the cover page and pages iii, 2, 3, 4 and 49), dated June 30, 2004.\n\n( 3 ) Letter from Stephen A. Owens, Director, Arizona Department of Environmental Quality, dated June 20, 2006, withdrawing a section 107(d)(3)(D) boundary redesignation request included in the Miami Sulfur Dioxide Nonattainment Area State Implementation and Maintenance Plan and requesting a section 110(k)(6) error correction.\n\n(133) The following statute and plan were submitted on December 23, 2005 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Revised Statutes.\n\n( 1 ) Section 49-542 as amended in section 1 of the Arizona House Bill 2357, 47th Legislature, 1st Regular Session (2005) and approved by the Governor on April 13, 2005.\n\n(ii) Additional material.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Final Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs (December 2005), adopted by the Arizona Department of Environmental Quality on December 23, 2005, excluding appendices.\n\n(134) The following plan was submitted on October 3, 2006 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) September 2006 Supplement to Final Arizona State Implementation Plan Revision, Basic and Enhanced Vehicle Emissions Inspection/Maintenance Programs, December 2005, adopted by the Arizona Department of Environmental Quality on October 3, 2006, excluding appendices.\n\n(135) An amended regulation was submitted on June 8, 2006, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Maricopa County Environmental Services Department.\n\n( 1 ) Rule 314, adopted on July 13, 1988 and amended on April 20, 2005.\n\n(136) The following plan was submitted on May 24, 2007 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Revision to the Arizona State Implementation Plan Under Clean Air Act Section 110(a)(2)(D)(i)\u2014Regional Transport (May 2007), adopted by the Arizona Department of Environmental Quality on May 24, 2007.\n\n(137) The Administrator is approving the following elements of the  Revised PM-10 State Implementation Plan for the Salt River Area,  September 2005, submitted on October 7, 2005, by the Governor's designee.\n\n(i)  Incorporation by reference.\n\n(A) Maricopa County Air Quality Department.\n\n( 1 ) Rule 325, adopted on August 10, 2005.\n\n( 2 ) Rule 310, revised on April 7, 2004.\n\n( 3 ) Appendix C, \u201cFugitive Dust Test Methods,\u201d adopted on June 16, 1999, and revised on April 7, 2004.\n\n( 4 ) Appendix F, \u201cSoil Designations,\u201d adopted on April 7, 2004.\n\n( 5 ) Resolution No. C-85-05-005-0-00: Resolution to Implement Additional Measures for the Maricopa County, Arizona Serious PM-10 Nonattainment Area (including Exhibit A), adopted on January 19, 2005.\n\n(B) City of Apache Junction.\n\n( 1 ) Resolution No. 04-24: A Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on September 21, 2004.\n\n(C) City of Avondale.\n\n( 1 ) Resolution No. 2448-04: A Resolution of the Council of the City of Avondale, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on September 20, 2004.\n\n(D) Town of Buckeye.\n\n( 1 ) Resolution No. 58-04: A Resolution of the Mayor and Town Council of the Town of Buckeye, Arizona, Implementing Measures to Reduce Reentrained Dust Emission from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on November 16, 2004.\n\n(E) City of Chandler.\n\n( 1 ) Resolution No. 3782: Resolution to Implement Measures to Reduce Re-entrained Dust Emissions from Identified Paved Roads in Chandler As Part of the Revised PM-10 State Implementation Plan for Air Quality (including Exhibit A and Exhibit B), adopted on October 14, 2004.\n\n(F) City of El Mirage.\n\n( 1 ) Resolution No. R04-10-54: A Resolution of the Mayor and City Council of the City of El Mirage, Maricopa County, Arizona, Implementing Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on October 28, 2004.\n\n(G) Town of Fountain Hills.\n\n( 1 ) Resolution No. 2004-63: A Resolution of the Mayor and Council of the Town of Fountain Hills, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol to Reduce Reentrained Dust Emissions from Targeted Paved Roads), adopted on November 18, 2004.\n\n(H) Town of Gilbert.\n\n( 1 ) Resolution No. 2575: A Resolution of the Common Council of the Town of Gilbert, Arizona to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Town of Gilbert Protocol for Reducing PM-10 Emissions from \u201cHigh Dust\u201d Paved Roads), adopted on March 29, 2005.\n\n(I) City of Glendale.\n\n( 1 ) Resolution No. 3796 New Series: A Resolution of the Council of the City of Glendale, Maricopa County, Arizona, Implementing Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Glendale Targeted Street Sweeping Protocol to Reduce Dust Emissions), adopted on September 14, 2004.\n\n(J) City of Goodyear.\n\n( 1 ) Resolution No. 04-941: A Resolution of the Mayor and Council of the City of Goodyear, Maricopa County, Arizona, to Authorize the City Manager to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol for Reducing Reentrained Dust Emissions from Targeted Paved Roads), adopted on October 25, 2004.\n\n(K) City of Mesa.\n\n( 1 ) Resolution No. 8344: A Resolution of the City Council of the City of Mesa, Maricopa County, Arizona, Stating the City's Intent to Implement Measures to Reduce Particulate Pollution (including Exhibit A), adopted on October 4, 2004.\n\n(L) Town of Paradise Valley.\n\n( 1 ) Resolution Number 1084: Resolution to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on September 23, 2004.\n\n(M) City of Peoria.\n\n( 1 ) Resolution No. 04-235: A Resolution of the Mayor and City Council of the City of Peoria, Maricopa County, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and City of Peoria Targeted Paved Roadways Dust Control Protocol, September 24, 2004), adopted on October 5, 2004.\n\n(N) City of Phoenix.\n\n( 1 ) Resolution No. 20114: A Resolution Stating the City's Intent to Implement Measures to Reduce Air Pollution (including Exhibit A, City of Phoenix 2004 Protocol and Implementation Plan for Paved Streets with Potential for Dust Emissions, and Attachment A), adopted on June 16, 2004.\n\n(O) City of Scottsdale.\n\n( 1 ) Resolution No. 6588: A Resolution of the Council of the City of Scottsdale, Maricopa County Arizona, Authorizing Implementation of Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Attachment #1\u2014Protocol to Reduce Reentrained Dust Emissions from Targeted Paved Roads), adopted on December 6, 2004.\n\n(P) City of Surprise.\n\n( 1 ) Resolution No. 04-163: A Resolution of the Mayor and Council of the City of Surprise, Arizona, to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol), adopted on September 23, 2004.\n\n(Q) City of Tempe.\n\n( 1 ) Resolution No. 2004.84: A Resolution of the Mayor and City Council of the City of Tempe, Arizona, to Implement Measures to Reduce Re-entrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Protocol for Reducing Re-entrained Dust Emissions from Targeted Paved Roads, September 30, 2004), adopted on September 30, 2004.\n\n(R) City of Tolleson.\n\n( 1 ) Resolution No. 947: A Resolution of the Mayor and City Council of the City of Tolleson, Maricopa County, Arizona, Implementing Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on September 28, 2004.\n\n(S) Town of Youngtown.\n\n( 1 ) Resolution No. 05-01: Resolution to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A), adopted on January 20, 2005.\n\n(T) Arizona Department of Transportation.\n\n( 1 ) Resolution to Implement Measures to Reduce Reentrained Dust Emissions from Targeted Paved Roads in the Revised PM-10 State Implementation Plan for the Salt River Area (including Exhibit A and Arizona Department of Transportation Plan to Reduce Reentrained Dust Emissions from Targeted Paved Roads), adopted on September 17, 2004.\n\n(138) The Administrator is approving the following elements of the  Revised PM-10 State Implementation Plan for the Salt River Area , Additional Submittals, September 2005, Additional Submittal in November 2005, submitted on November 29, 2005, by the Governor's designee.\n\n(i)  Incorporation by reference.\n\n(A) Maricopa County Air Quality Department.\n\n( 1 ) Rule 310.01, adopted on June 16, 1999, and revised on February 17, 2005.\n\n( 2 ) Application for Dust Control Permit, adopted on June 22, 2005.\n\n( 3 ) Guidance for Application for Dust Control Permit, adopted on June 22, 2005.\n\n(139) The following plan was submitted on July 5, 2007 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Maricopa County Air Quality Department\n\n( 1 ) Rule 242, adopted on June 20, 2007.\n\n(140) The following plan was submitted on June 7, 2007 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality. ( 1) Final Arizona State Implementation Plan Revision, San Manuel Sulfur Dioxide Nonattainment Area,  March 2007, Arizona Department of Environmental Quality.\n\n(B) Maricopa County Air Quality Department.\n\n( 1 ) Rule 510, \u201cAir Quality Standards,\u201d excluding Appendix G to the Maricopa County Air Pollution Control Regulations, adopted on July 13, 1988 and revised on November 1, 2006.\n\n(141) The following amended rules were submitted on July 10, 2008, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Maricopa County.\n\n( 1 ) Ordinance P-26, \u201cResidential Woodburning Restriction Ordinance,\u201d adopted on October 5, 1994 and revised on March 26, 2008.\n\n(B) Maricopa County Air Quality Department.\n\n( 1 ) Rule 314, \u201cOpen Outdoor Fires and Indoor Fireplaces at Commercial and Institutional Establishments,\u201d adopted on July 13, 1988 and revised on March 12, 2008.\n\n( 2 ) Rule 316, \u201cNonmetallic Mineral Processing,\u201d adopted on March 12, 2008.\n\n( 3 ) Rule 300, \u201cVisible Emissions,\u201d amended March 12, 2008.\n\n(142) New and amended regulations were submitted on January 9, 2008, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Maricopa County Air Quality Department.\n\n( 1 ) Rule 322, \u201cPower Plant Operations,\u201d adopted October 17, 2007.\n\n( 2 ) Rule 323, \u201cFuel Burning Equipment from Industrial/Commercial/Institutional (ICI) Sources,\u201d adopted October 17, 2007.\n\n( 3 ) Rule 324, \u201cStationary Internal Combustion (IC) Engines,\u201d adopted October 17, 2007.\n\n(143) The 2008 Revision to the Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (for 2010), adopted by the Pima Association of Governments on June 26, 2008, and adopted and submitted by the Arizona Department of Environmental Quality on July 10, 2008, excluding appendix D.\n\n(144) Appendix D (Revised) (\u201cLetter from Arizona Department of Environmental Quality re: Vehicle Emissions Inspection Program (VEIP), Revised to include supporting documents authorizing the VEIP from 2009 to 2017 (Chapter 171, Senate Bill 1531 from the 48th Regular Session of the Arizona Legislature and Arizona Revised Statute text A.R.S. 41-3017.01\u201d), adopted as a Supplement to the Carbon Monoxide Limited Maintenance Plan for the Tucson Air Planning Area (for 2010) by the Pima Association of Governments on May 28, 2009, and adopted and submitted by the Arizona Department of Environmental Quality on June 22, 2009.\n\n(145) New and amended regulations were submitted on June 12, 2009 by the Governor's designee.\n\n(i)  Incorporation by Reference.\n\n(A) Pinal County Air Quality Control District.\n\n( 1 ) Rule 2-8-302, \u201cPerformance Standards\u2014Hayden PM-10 Non-attainment Area,\u201d adopted on January 7, 2009.\n\n( i ) Pinal County Board of Supervisors, Resolution No. 010709-AQ3, Pinal County Air Quality Control District, \u201cA Resolution of the Board of Supervisors of Pinal County, Adopting Certain Revisions to the Pinal County Air Quality Control District Rules, adopted January 7, 2009; to Wit: Rule 2-8-302 (Performance Standards\u2014Hayden PM10 Nonattainment Area). Rule 4-2-020, \u201cFugitive Dust\u2014General,\u201d amended on December 4, 2002. Rule 4-2-030, \u201cFugitive Dust\u2014Definitions,\u201d amended on December 4, 2002. Chapter 4, Article 4, \u201cPM-10 Non-attainment Area Rules; Dustproofing and Stabilization for Commercial Unpaved Parking, Drive and Working Yards\u201d; Section 4-4-100, \u201cGeneral Provisions,\u201d amended on June 3, 2009; Section 4-4-110, \u201cDefinitions,\u201d amended on June 3, 2009; Section 4-4-120, \u201cObjective Standards,\u201d amended on June 3, 2009; Section 4-4-130, \u201cWork Practice Standards,\u201d adopted on June 3, 2009; Section 4-4-140, \u201cRecordkeeping and Records Retention,\u201d adopted on June 3, 2009. Chapter 4, Article 5, \u201cPM-10 Non-attainment Area Rules; Stabilization for Residential Parking and Drives\u201d; Section 4-5-150, \u201cStabilization for Residential Parking and Drives; Applicability,\u201d amended on June 3, 2009; Section 4-5-160, \u201cResidential Parking Control Requirement,\u201d amended on June 3, 2009; Section 4-5-170, \u201cDeferred enforcement date,\u201d amended on June 3, 2009. Chapter 4, Article 7, \u201cConstruction Sites in Non-Attainment Areas\u2014Fugitive Dust\u201d; Section 4-7-210, \u201cDefinitions,\u201d adopted on June 3, 2009; Section 4-7-214, \u201cGeneral Provisions,\u201d adopted on June 3, 2009; Section 4-7-218, \u201cApplicability; Development Activity,\u201d adopted on June 3, 2009; Section 4-7-222, \u201cOwner and/or Operator Liability,\u201d adopted on June 3, 2009; Section 4-7-226, \u201cObjective Standards; Sites,\u201d adopted on June 3, 2009; Section 4-7-230, \u201cObligatory Work Practice Standards; Sites,\u201d adopted on June 3, 2009; Section 4-7-234, \u201cNonattainment-Area Dust Permit Program; General Provisions,\u201d adopted on June 3, 2009; Section 4-7-238, \u201cNonattainment Area Site Permits,\u201d adopted on June 3, 2009; Section 4-7-242, \u201cNonattainment Area Block Permits,\u201d adopted on June 3, 2009; Section 4-7-246, \u201cRecordkeeping and Records Retention,\u201d adopted on June 3, 2009. Chapter 4, Article 9, \u201cTest Methods\u201d; Section 4-9-320, \u201cTest Methods for Stabilization For Unpaved Roads and Unpaved Parking Lots,\u201d adopted on June 3, 2009; Section 4-9-340, \u201cVisual Opacity Test Methods,\u201d adopted on June 3, 2009.\n\n(146) The following plan was submitted on April 12, 2010 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Maricopa County Air Quality Department.\n\n( 1 ) Rule 310, \u201cFugitive Dust From Dust-Generating Operations,\u201d adopted on January 27, 2010.\n\n( 2 ) Rule 310.01, \u201cFugitive Dust From Non-Traditional Sources of Fugitive Dust,\u201d adopted on January 27, 2010.\n\n(147) The following plan was submitted on July 10, 2008 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Maricopa County Air Quality Department.\n\n( 1 ) Appendix C\u2014\u201cFugitive Dust Test Methods,\u201d adopted on March 26, 2008.\n\n(148) The following plan revision was submitted on September 21, 2009 by the Governor's designee.\n\n(i)  Incorporation by reference.  (A)  Arizona Department of Weights and Measures.  ( 1 ) Arizona Revised Statutes, title 41 (State Government), chapter 15 (Department of Weights and Measures), as amended and supplemented by the general and permanent laws enacted through the First Special Session, and legislation effective January 11, 2011 of the First Regular Session of the Fiftieth Legislature (2011):\n\n(i) Article 1 (General Provisions), section 41-2051 (\u201cDefinitions\u201d), subsections (6) (\u201cCertification\u201d), (10) (\u201cDepartment\u201d), (11) (\u201cDiesel fuel\u201d), (12) (\u201cDirector\u201d), and (13) (\u201cE85\u201d), amended by Laws 2008, Ch. 254, \u00a7 2;\n\n(ii) Article 6 (Motor Fuel), section 41-2121 (\u201cDefinitions\u201d), subsection (5) (\u201cGasoline\u201d) amended by Laws 2007, Ch. 292, \u00a7 11; and\n\n(iii) Article 7 (Gasoline Vapor Control), section 41-2131 (\u201cDefinitions\u201d), added by Laws 1992, Ch. 299, \u00a7 6; section 41-2132 (\u201cStage I and stage II vapor recovery systems\u201d), amended by Laws 2010, Ch. 181, \u00a7 2; and section 41-2133 (\u201cCompliance schedules\u201d), amended by Laws 1999, Ch. 295, \u00a7 17.\n\n( 2 ) Arizona Administrative Code, title 20, chapter 2, article 1 (Administration and Procedures), section R20-2-101 (\u201cDefinitions\u201d), effective (for state purposes) on June 5, 2004.\n\n( 3 ) Arizona Administrative Code, title 20, chapter 2, article 9 (Gasoline Vapor Control):\n\n(i) Sections R20-2-901 (\u201cMaterial Incorporated by Reference\u201d), R20-2-902 (\u201cExemptions\u201d), R20-2-903 (\u201cEquipment and Installation\u201d), R20-2-904 (\u201cApplication Requirements and Process for Authority to Construct Plan Approval\u201d), R20-2-905 (\u201cInitial Inspection and Testing\u201d), R20-2-910 (\u201cAnnual Inspection and Testing\u201d), R20-2-911 (\u201cCompliance Inspections\u201d), and R20-2-912 (\u201cEnforcement\u201d), effective (for state purposes) on June 5, 2004.\n\n(ii) Sections R20-2-907 (\u201cOperation\u201d), R20-2-908 (\u201cTraining and Public Education\u201d), and R20-2-909 (\u201cRecordkeeping and Reporting\u201d), effective (for state purposes) on October 8, 1998.\n\n(149) The following plan was submitted on June 13, 2007 by the Governor's designee.\n\n(i) [Reserved]\n\n(ii)  Additional Materials.  (A)  Arizona Department of Environmental Quality.  (1) Letter dated June 13, 2007 from Stephen A. Owens, Director, ADEQ, to Wayne Nastri, Regional Administrator, United States Environmental Protection Agency, Region IX.\n\n(2) Eight-Hour Ozone Plan for the Maricopa Nonattainment Area, dated June 2007, including Appendices, Volumes One and Two.\n\n(150) The following plan was submitted on August 24, 2012, by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional material.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) \u201cFinal 2012 State Implementation Plan Nogales PM 10  Nonattainment Area,\u201d dated August 24, 2012, including Appendices A-K, adopted on August 24, 2012.\n\n(151) The following plan revisions were submitted on August 15, 1994 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n(1) Rule R18-2-220, Air pollution emergency episodes, Department of Environmental Quality-Air Pollution Control, amended effective September 26, 1990.\n\n(2) A letter from Eric C. Massey, Director, Air Quality, Arizona Department of Environmental Quality, to Jared Blumenfeld, Regional Administrator, US EPA, dated August 30, 2012, certifying that the attached copy of a document titled \u201cProcedures for Prevention of Emergency Episodes: 1988 Edition\u201d is a true and correct copy of the original and is an official publication of the Arizona Department of Environmental Quality.\n\n(3) \u201cProcedures for Prevention of Emergency Episodes,\u201d 1988 edition, Arizona Department of Environmental Quality.\n\n(152) The following plan was submitted August 24, 2012, by the Governor's designee.\n\n(i) Incorporated by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Arizona Administrative Code, title 18, chapter 2, article 3 (Permits and Permit Revisions):\n\n( i ) Section R18-2-313 (\u201cExisting Source Emission Monitoring\u201d), effective on February 15, 2001.\n\n( ii ) Section R18-2-327, (\u201cAnnual Emissions Inventory Questionnaire\u201d), effective on December 7, 1995.\n\n(B) Maricopa County Air Quality Department.\n\n( 1 ) Rule 100, Section 500, \u201cMonitoring and Records,\u201d revised on March 15, 2006.\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) \u201cFinal Supplement to the Arizona State Implementation Plan under Clean Air Act Section 110(a)(1) and (2): Implementation of 2006 PM 2.5  National Ambient Air Quality Standards, 1997 PM 2.5  National Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient Air Quality Standards,\u201d August 2012, adopted by the Arizona Department of Environmental Quality on August 24, 2012, excluding the appendices.\n\n( 2 ) Arizona Revised Statutes (West's, 2011-2012 Compact Edition):\n\n( i ) Title 28 (transportation), chapter 7 (certification of title and registration), article 5 (registration requirements generally), section 28-2153 (\u201cRegistration requirement; exceptions; assessment; violation; classification\u201d);\n\n( ii ) Title 35 (public finances), chapter 2 (handling of public funds), article 2 (state management of public monies), section 35-313 (\u201cInvestment of trust and treasury monies; loan of securities\u201d);\n\n( iii ) Title 38 (public officers and employees), chapter 1 (general provisions), article 1 (definitions), section 38-101 (\u201cDefinitions\u201d) and article 8 (conflict of interest of officers and employees), sections 38-501 (\u201cApplication of article\u201d), 38-502 (\u201cDefinitions\u201d), 38-503 (\u201cConflict of interest; exemptions; employment prohibition\u201d), 38-504 (\u201cProhibited acts\u201d), 38-505 (\u201cAdditional income prohibited for services\u201d) 38-506 (\u201cRemedies\u201d), 38-507 (\u201cOpinions of the attorney general, county attorneys, city or town attorneys and house and senate ethics committee\u201d), 38-508 (\u201cAuthority of public officers and employees to act\u201d), 38-509 (Filing of disclosures\u201d), 38-510 (\u201cPenalties\u201d), and 38-511 (\u201cCancellation of political subdivision and state contracts; definition\u201d);\n\n( iv ) Title 49 (the environment), chapter 1 (general provisions), article 1 (department of environmental quality), section 49-103 (\u201cDepartment employees; legal counsel\u201d), subsections (A)(2), (A)(4), (B)(3), and (B)(5) of section 49-104 (\u201cPowers and duties of the department and director\u201d), and sections 49-106 (\u201cStatewide application of rules\u201d) and 49-107 (\u201cLocal delegation of state authority\u201d);\n\n( v ) Title 49 (the environment), chapter 3 (air quality), article 1 (general provisions), section 49-405 (\u201cAttainment area designations\u201d); article 2 (state air pollution control), sections 49-421 (\u201cDefinitions\u201d), 49-422 (\u201cPowers and duties\u201d), 49-424 (\u201cDuties of department\u201d), 49-425 (\u201cRules; hearing\u201d), 49-433 (\u201cSpecial inspection warrant\u201d), 49-435 (\u201cHearings on orders of abatement\u201d), and 49-441 (\u201cSuspension and revocation of conditional order\u201d), subsections (A) and (B)(2) of section 49-455 (\u201cPermit administration fund\u201d), and sections 49-460 (\u201cViolations; production of records\u201d), 49-461 (\u201cViolations; order of abatement\u201d), 49-462 (\u201cViolations; injunctive relief\u201d), 49-463 (\u201cViolations; civil penalties\u201d), and 49-465 (\u201cAir pollution emergency\u201d); and article 3 (county air pollution control), sections 49-471 (\u201cDefinitions\u201d), 49-473 (\u201cBoard of supervisors\u201d), 49-474 (\u201cCounty control boards\u201d), 49-476.01 (\u201cMonitoring\u201d), 49-478 (\u201cHearing board\u201d), 49-479 (\u201cRules; hearing\u201d), 49-480.02 (\u201cAppeals of permit actions\u201d), 49-482 (\u201cAppeals to hearing board\u201d), 49-488 (\u201cSpecial inspection warrant\u201d), 49-490 (\u201cHearings on orders of abatement\u201d), 49-495 (\u201cSuspension and revocation of conditional order\u201d), 49-502 (\u201cViolation; classification\u201d), 49-510 (\u201cViolations; production of records\u201d), 49-511 (\u201cViolations; order of abatement\u201d), 49-512 (\u201cViolations; injunctive relief\u201d), and 49-513 (\u201cViolations; civil penalties\u201d).\n\n(153) The following plan was submitted on October 14, 2009, by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) \u201cArizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2): Implementation of 2006 PM 2.5  National Ambient Air Quality Standards, 1997 PM 2.5  National Ambient Air Quality Standards, and 1997 8-Hour Ozone National Ambient Air Quality Standards,\u201d September 2009, adopted by the Arizona Department of Environmental Quality on October 14, 2009, excluding the appendices.\n\n(154) The following plan was submitted February 28, 2011, by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Arizona State Implementation Plan, Regional Haze Under Section 308 of the Federal Regional Haze Rule: Appendix D, Arizona BART\u2014Supplemental Information:\n\n( i ) Table 1.1\u2014NO X  BART, entry for AEPCO [Apache], ST1 [Unit 1] only.\n\n( ii ) Table 1.2\u2014PM 10  BART, entries for AEPCO [Apache], APS Cholla Power Plant and SRP Coronado Generating Station.\n\n( iii ) Table 1.3\u2014SO 2  BART, entries for AEPCO, APS Cholla Power Plant and SRP Coronado Generating Station.\n\n( 2 ) Arizona State Implementation Plan, Regional Haze Under Section 308 of the Federal Regional Haze Rule (January 2011), excluding:\n\n( i ) Chapter 6: table 6.1; chapter 10: sections 10.4, 10.6 (regarding Unit I4 at the Irvington (Sundt) Generating Station), 10.7, and 10.8; chapter 11; chapter 12: sections 12.7.3 (\u201cEmission Limitation and Schedules of Compliance\u201d) and 12.7.6 (\u201cEnforceability of Arizona's Measures\u201d); and chapter 13: section 13.2.3 (\u201cArizona and Other State Emission Reductions Obligations\u201d);\n\n( ii ) Appendix D: chapter I; chapter V (regarding Unit I4 at the Irvington (Sundt) Generating Station); chapter VI, sections C and D; chapter VII; chapter IX; chapter X, section E.1; chapter XI, section D; chapter XII, sections B and C; chapter XIII, sections B, C, and D; and chapter XIV, section D; and\n\n( iii ) Appendix E.\n\n(155) The following plan was submitted on November 6, 2009 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Affidavit by Efrem K. Sepulveda, Law Librarian, Arizona State Library, Archives and Public Records, certifying authenticity of reproduction of A.R.S. \u00a7 49-542 (2008 edition) plus title page to pocket part of Title 49 (2008 edition), signed January 11, 2013.\n\n( 2 ) Arizona Revised Statutes (Thomson West, 2008 Cumulative Pocket Part): Title 49 (the environment), section 49-542 (\u201cEmissions inspection program; powers and duties of director; administration; periodic inspection; minimum standards and rules; exceptions; definition\u201d).\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Final Arizona State Implementation Plan Revision, Exemption of Motorcycles from Vehicle Emissions Inspections and Maintenance Program Requirements in Area A (October 2009), adopted by the Arizona Department of Environmental Quality on November 6, 2009, excluding appendices A and C.\n\n(156) The following plan was submitted on January 11, 2011 by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Final Addendum to the Arizona State Implementation Plan Revision, Exemption of Motorcycles from Vehicle Emissions Inspections and Maintenance Program Requirements in Area A, October 2009 (December 2010), adopted by the Arizona Department of Environmental Quality on January 11, 2011.\n\n(157) The following plan was submitted on May 25, 2012 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Affidavit by Barbara Howe, Law Reference Librarian, Arizona State Library, Archives and Public Records, certifying authenticity of reproduction of Arizona Revised Statutes \u00a7 49-451 ( sic ) (corrected to \u00a7 49-541) (2001 pocket part), signed May 3, 2012.\n\n( 2 ) Arizona Revised Statutes (West Group, 2001 Cumulative Pocket Part): title 49 (the environment), section 49-541 (\u201cDefinitions\u201d), subsection 1 [Definition of Area A].\n\n( 3 ) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities and towns), chapter 4 (general powers), article 8 (miscellaneous), section 9-500.04 (\u201cAir quality control; definitions\u201d), excluding paragraphs A.1, A.2, A.4, and A.10; paragraphs B through G; and paragraph I.\n\n( 4 ) Arizona Revised Statutes (West, 2012): Title 11 (counties), chapter 6 (county planning and zoning), article 6 (air quality), section 11-877 (\u201cAir quality control measures\u201d).\n\n( 5 ) Arizona Revised Statutes (Thomson/West, 2005 main volume, 2012 Cumulative Pocket Part):\n\n( i ) Title 49 (the environment), chapter 3 (air quality), article 2 (state air pollution control), section 49-457.01 (\u201cLeaf blower use restrictions and training; leaf blowers equipment sellers; informational material; outreach; applicability\u201d); and\n\n( ii ) Title 49 (the environment), chapter 3 (air quality), article 3 (county air pollution control), sections 49-474.01 (\u201cAdditional board duties in vehicle emissions control areas; definitions\u201d), excluding paragraphs A.1 through A.3, A.9, A.10, paragraphs C through G, and paragraph I; 49-474.05 (\u201cDust control; training; site coordinators\u201d); and 49-474.06 (\u201cDust control; subcontractor registration; fee\u201d).\n\n( 6 ) Arizona Revised Statutes (Thomson/West, 2008): Title 9 (cities and towns), chapter 4 (general powers), article 8 (miscellaneous), section 9-500.27 (\u201cOff-road vehicle ordinance; applicability; violation; classification\u201d), excluding paragraphs D and E.\n\n( 7 ) Arizona Revised Statutes (West, 2012): Title 11 (counties), chapter 6 (county planning and zoning), article 6 (air quality), section 11-871 (\u201cEmissions control; no burn; exemptions; penalty\u201d), excluding paragraphs C through E.\n\n( 8 ) Arizona Revised Statutes (West, 2012): Title 28 (transportation), chapter 3 (traffic and vehicle regulation), article 18 (vehicle size, weight and load), section 28-1098 (\u201cVehicle loads; restrictions; civil penalties\u201d), excluding paragraphs B and C.\n\n( 9 ) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part):\n\n( i ) Title 49 (the environment), chapter 3 (air quality), article 2 (state air pollution control), sections 49-457.03 (\u201cOff-road vehicles; pollution advisory days; applicability; penalties\u201d), excluding paragraphs C and D; and 49-457.04 (\u201cOff-highway vehicle and all-terrain vehicle dealers; informational material; outreach; applicability\u201d); and\n\n( ii ) Title 49 (the environment), chapter 3 (air quality), article 3 (county air pollution control), section 49-501 (\u201cUnlawful open burning; exceptions; civil penalty; definition\u201d), excluding paragraph A.1, paragraphs B.2 through B.6, and paragraphs D, E, G, and H.\n\n( 10 ) Arizona Revised Statutes (West, 2012 Cumulative Pocket Part): Title 49 (the environment), chapter 3 (air quality), article 2 (state air pollution control), section 49-457.05 (\u201cDust action general permit; best management practices; applicability; definitions\u201d), excluding paragraph C and paragraphs E, F, G, and H.\n\n( 11 ) Arizona Department of Environmental Quality, Air Quality Division, Dust Action General Permit, including attachments A, B, and C, issued December 30, 2011.\n\n(ii)  Additional material s.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 )  2012 Five Percent Plan for PM-10 for the Maricopa County Nonattainment Area,  and Appendices Volume One and Volume Two, adopted May 23, 2012.\n\n( 2 )  2012 Five Percent Plan for PM-10 for the Pinal County Township 1 North, Range 8 East Nonattainment Area,  adopted May 25, 2012.\n\n(158) The following plan was submitted May 3, 2013, by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality (ADEQ).\n\n( 1 ) Arizona State Implementation Plan Revision, Regional Haze Under Section 308 of the Federal Regional Haze Rule (May 2013), excluding:\n\n( i ) Chapter 10, section 10.7 (regarding ASARCO Hayden Smelter (PM 10  emissions) and Chemical Lime Company\u2014Nelson Lime Plant);\n\n( ii ) Chapter 11, except subsection 11.3.1(3) (\u201cFocus on SO 2  and NO X  pollutants\u201d);\n\n( iii ) Appendix D: chapter I, except for the footnotes in tables 1.1, 1.2 and 1.3 to the entries for AEPCO [Apache], and the entry in table 1.2 for Freeport-McMoRan Miami Smelter; chapter VI, section C (regarding PM 10  emissions from ASARCO Hayden smelter); chapter XII, section C, and chapter XIII, subsection D; and\n\n( iv ) Appendix E.\n\n(159) The following plan was submitted on January 23, 2012 by the Governor's Designee.\n\n(i) [Reserved]\n\n(ii)  Additional Materials.\n\n(A) Arizona Department of Environmental Quality\n\n( 1 )  Final Update of the Limited Maintenance Plan for the Payson PM 10   Maintenance Area (December 2011),  adopted by the Arizona Department of Environmental Quality on January 23, 2012.\n\n(160) The following plan was submitted on March 23, 2009, by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 )  MAG Eight-Hour Ozone Redesignation Request and Maintenance Plan for the Maricopa Nonattainment Area  (February 2009), adopted by the Arizona Department of Environmental Quality on March 23, 2009, excluding the appendices.\n\n(161) The following plan revision was submitted on July 28, 2011, and supplemented on May 16, 2014, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) West's Arizona Revised Statutes, 2012-2013 Compact Edition; title 49 (\u201cEnvironment\u201d), chapter 3 (\u201cAir Quality\u201d), article 2 (\u201cState Air Pollution Control\u201d) section 49-426 (\u201cPermits; duties of director; exceptions; applications; objections; fees\u201d), excluding paragraphs (D), (E)(1), (F), (I), (J), and (M).\n\n( 2 ) Arizona Administrative Code, title 18 (\u201cEnvironmental Quality\u201d), chapter 2 (\u201cDepartment of Environmental Quality\u2014Air Pollution Control\u201d), supp. 09-1, March 31, 2009: R18-2-608 (\u201cMineral Tailings\u201d); R18-2-703 (\u201cStandards of Performance for Fossil-fuel Fired Steam Generators and General Fuel-burning Equipment\u201d); R18-2-704 (\u201cStandards of Performance for Incinerators\u201d); R18-2-715 (\u201cStandards of Performance for Existing Primary Copper Smelters; Site-Specific Requirements\u201d), excluding paragraphs (A) through (E); R18-2-720 (\u201cStandards of Performance for Existing Lime Manufacturing Plants\u201d); R18-2-724 (\u201cStandards of Performance for Fossil-fuel Fired Industrial and Commercial Equipment\u201d); R18-2-729 (\u201cStandards of Performance for Cotton Gins\u201d); and R18-2-730 (\u201cStandards of Performance for Unclassified Sources\u201d).\n\n( 3 ) Arizona Administrative Code, title 18 (\u201cEnvironmental Quality\u201d), chapter 2 (\u201cDepartment of Environmental Quality\u2014Air Pollution Control\u201d), supp. 09-2, June 30, 2009: R18-2-732 (\u201cStandards of Performance for Existing Hospital/Medical/Infectious Waste Incinerators\u201d).\n\n( 4 ) Arizona Administrative Code, title 18 (\u201cEnvironmental Quality\u201d), chapter 2 (\u201cDepartment of Environmental Quality\u2014Air Pollution Control\u201d), supp. 12-2, June 30, 2012: R18-2-204 (\u201cCarbon Monoxide\u201d); R18-2-719 (\u201cStandards of Performance for Existing Stationary Rotating Machinery\u201d); and Appendix 2 (\u201cTest Methods and Protocols\u201d).\n\n( 5 ) Arizona Testing Manual for Air Pollutant Emissions, Revision F, March 1992, excluding sections 2 through 7.\n\n( 6 ) Arizona Administrative Code, Title 18, \u201cEnvironmental Quality\u201d, chapter 2,\u201dDepartment of Environmental Quality\u2014Air Pollution Control\u201d, R18-2-311, \u201cTest Methods and Procedures,\u201d and R18-2-312, \u201cPerformance Tests,\u201d effective November 15, 1993.\n\n(162) The following plan revision was submitted on October 29, 2012, and supplemented on September 6, 2013 and July 2, 2014, by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality\n\n( 1 ) West's Arizona Revised Statutes, 2012-2013 Compact Edition; title 49 (\u201cEnvironment\u201d), chapter 3 (\u201cAir Quality\u201d), section 49-402 (\u201cState and county control\u201d).\n\n( 2 ) Arizona Administrative Code, title 18 (\u201cEnvironmental Quality\u201d), chapter 2 (\u201cDepartment of Environmental Quality\u2014Air Pollution Control\u201d), supp. 12-2, June 30, 2012: R18-2-101 (\u201cDefinitions\u201d), excluding definitions (2), (20), (32), (87), (109), and (122); R18-2-102 (\u201cIncorporated Materials\u201d); R18-2-201 (\u201cParticulate matter: PM 10  and PM 2.5 \u201d); R18-2-202 (\u201cSulfur Oxides (Sulfur Dioxide)\u201d); R18-2-203 (\u201cOzone: One-hour Standard and Eight-hour Averaged Standard\u201d) R18-2-205 (\u201cNitrogen Oxides (Nitrogen Dioxide)\u201d); R18-2-206 (\u201cLead\u201d); R18-2-210 (\u201cAttainment, Nonattainment, and Unclassifiable Area Designations\u201d); R18-2-215 (\u201cAmbient air quality monitoring methods and procedures\u201d); R18-2-216 (\u201cInterpretation of Ambient Air Quality Standards and Evaluation of Air Quality Data\u201d); and R18-2-701 (\u201cDefinitions\u201d).\n\n( 3 ) Arizona Administrative Code, Title 18, \u201cEnvironmental Quality,\u201d chapter 2 \u201cDepartment of Environmental Quality\u2014Air Pollution Control,\u201d R18-2-101, \u201cDefinitions,\u201d only definition nos. (2), (32), (87), (109), and (122), effective August 7, 2012; R18-2-217, \u201cDesignation and Classification of Attainment Areas,\u201d effective November 15, 1993; R18-2-218, \u201cLimitation of Pollutants in Classified Attainment Areas,\u201d effective August 7, 2012; R18-2-301, \u201cDefinitions,\u201d effective August 7, 2012; R18-2-302, \u201cApplicability; Registration; Classes of Permits,\u201d effective August 7, 2012; R18-2-302.01, \u201cSource Registration Requirements,\u201d effective August 7, 2012; R18-2-303, \u201cTransition from Installation and Operating Permit Program to Unitary Permit Program; Registration Transition; Minor NSR Transition,\u201d effective August 7, 2012; R18-2-304, \u201cPermit Application Processing Procedures,\u201d effective August 7, 2012; R18-2-306, \u201cPermit Contents,\u201d effective December 20, 1999; R18-2-306.01, \u201cPermits Containing Voluntarily Accepted Emission Limitations and Standards,\u201d effective January 1, 2007; R18-2-306.02, \u201cEstablishment of an Emissions Cap,\u201d effective September 22, 1999; R18-2-315, \u201cPosting of Permit,\u201d effective November 15,1993; R18-2-316, \u201cNotice by Building Permit Agencies,\u201d effective May 14, 1979; R18-2-319, \u201cMinor Permit Revisions,\u201d August 7, 2012; R18-2-320, \u201cSignificant Permit Revisions,\u201d effective August 7, 2012; R18-2-321, \u201cPermit Reopenings; Revocation and Reissuance; Termination,\u201d effective August 7, 2012; R18-2-323, \u201cPermit Transfers,\u201d effective February 3, 2007; R18-2-330, \u201cPublic Participation,\u201d effective August 7, 2012; R18-2-332, \u201cStack Height Limitation,\u201d effective November 15, 1993; R18-2-334, \u201cMinor New Source Review\u201d effective August 7, 2012; R18-2-401 \u201cDefinitions,\u201d effective August 7, 2012; R18-2-402 \u201cGeneral,\u201d effective August 7, 2012; R18-2-403 \u201cPermits for Sources Located in Nonattainment Areas,\u201d effective August 7, 2012; R18-2-404, \u201cOffset Standards,\u201d effective August 7, 2012; R18-2-405, \u201cSpecial Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or Severe,\u201d effective August 7, 2012; R18-2-406, \u201cPermit Requirements for Sources Located in Attainment and Unclassifiable Areas,\u201d effective August 7, 2012; R18-2-407, \u201cAir Quality Impact Analysis and Monitoring Requirements,\u201d excluding subsection (H)(1)(c), effective August 7, 2012; R18-2-409, \u201cAir Quality Models,\u201d effective November 15, 1993; and R18-2-412, \u201cPALs\u201d effective August 7, 2012.\n\n( 4 ) Arizona Revised Statutes, title 49, \u201cEnvironment,\u201d chapter 1 \u201cGeneral Provisions\u201d, section 49-107, \u201cLocal delegation of state authority,\u201d effective July 1, 1987.\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 )  Setting Applicability Thresholds,  pages 1547-1549 in Appendix A to \u201cState Implementation Plan Revision: New Source Review\u201d adopted on October 29, 2012.\n\n( 2 ) Memorandum, \u201cProposed Final Permits to be Treated as Appealable Agency Actions,\u201d dated February 10, 2015, from Eric Massey, Air Quality Division Director to Balaji Vaidyanathan, Permit Section Manager, submitted on February 23, 2015.\n\n( 3 ) \u201cState Implementation Plan Revision: New Source Review\u2014Supplement,\u201d relating to the division of jurisdiction for New Source Review in Arizona, adopted on July 2, 2014.\n\n(163) The following plan was submitted on August 27, 2012 by the Governor's Designee.\n\n(i) Incorporation by Reference.\n\n(A) Maricopa County Air Quality Department.\n\n( 1 ) Rule 313, \u201cIncinerators, Burn-Off Ovens and Crematories,\u201d revised May 9, 2012.\n\n(164) A plan revision was submitted on September 6, 2013 by the Governor's Designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) \u201cArizona State Implementation Plan Revision for the Nogales PM 2.5  Nonattainment Area\u201d, dated September 2013, including appendices A and B.\n\n(165) The following plan was submitted May 13, 2014, by the Governor's designee:\n\n(i)  Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Significant Revision No. 59195 to Air Quality Control Permit No. 55412, excluding section V.D., issued May 13, 2014.\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n(1) Arizona State Implementation Plan, Revision to the Arizona Regional Haze Plan for Arizona Electric Power Cooperative, Incorporated, Apache Generating Station, excluding the appendices.\n\n(166) The following plan was submitted on October 14, 2011, by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); Implementation of the 2008 Lead National Ambient Air Quality Standards, excluding the appendices.\n\n(167) The following plan was submitted on December 27, 2012 by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) Arizona State Implementation Plan Revision under Clean Air Act Section 110(a)(1) and (2); 2008 8-hour Ozone NAAQS, excluding the appendices.\n\n(168) The following plan was submitted on December 6, 2013 by the Governor's designee.\n\n(i)  Incorporation by reference.\n\n(A) Maricopa County Air Quality Department.\n\n( 1 ) Maricopa County Air Pollution Control Regulations, Rule 100 (\u201cGeneral Provisions and Definitions\u201d), section 100 (\u201cGeneral\u201d), subsection 108 (\u201cHearing Board\u201d), revised September 25, 2013.\n\n(169) The following plan was submitted on December 19, 2013 by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Pima County Department of Environmental Quality.\n\n( 1 ) Board of Supervisors of Pima County, Arizona, Ordinance No. 1993-128, Section 1, 17.040.190 \u201cComposition\u201d Section 6, 17.24.040 \u201cReporting for compliance evaluations\u201d adopted September 28, 1993.\n\n( 2 ) Board of Supervisors of Pima County, Arizona, Ordinance 2005-43, Chapter 17.12, Permits and Permit Revisions, section 2,17.12.040 \u201cReporting Requirements\u201d adopted April 19, 2005.\n\n(170) The following plan was submitted on September 4, 2014 by the Governor's designee.\n\n(i)  Incorporation by reference.\n\n(A) Pinal County Air Quality Control District.\n\n( 1 ) Pinal County Board of Supervisors, Resolution No. 072314-AQ1, 1-3-140, Definitions, 74, Hearing Board, including new text that is underlined and excluding removed text which was struck by the board, effective July 23, 2014.\n\n(171) The following plan was submitted on September 2, 2014 by the Governor's designee.\n\n(i) Incorporation by reference.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) House Bill 2128, effective April 22, 2014, excluding sections 1 through 4, and 9 (including the text that appears in all capital letters and excluding the text that appears in strikethrough).\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 )  MAG 2014 State Implementation Plan Revision for the Removal of Stage II Vapor Recovery Controls in the Maricopa Eight-Hour Ozone Nonattainment Area  (August 2014), adopted by the Regional Council of the Maricopa Association of Governments on August 27, 2014, excluding appendix A, exhibit 2 (\u201cArizona Revised Statutes Listed in Table 1-1\u201d).\n\n(172) The following plan was submitted July 2, 2014, by the Governor's designee.\n\n(i) [Reserved]\n\n(ii)  Additional materials.\n\n(A) Arizona Department of Environmental Quality (ADEQ).\n\n( 1 )  MAG 2014 Eight-Hour Ozone Plan\u2014Submittal of Marginal Area Requirements for the Maricopa Nonattainment Area  (June 2014), excluding:\n\n( i ) Sections titled \u201cA Nonattainment Area Preconstruction Permit Program\u2014CAA section 182(a)(2)(C),\u201d \u201cNew Source Review\u2014CAA, Title I, Part D,\u201d and \u201cOffset Requirements: 1:1 to 1 (Ratio of Total Emission Reductions of Volatile Organic Compounds to Total Increased Emissions)\u2014CAA Section 182(a)(4)\u201d on pages 8 and 9 and section titled \u201cMeet Transportation Conformity Requirements\u2014CAA Section 176(c)\u201d on pages 10 and 11.\n\n( ii ) Appendices A and B.\n\n(173) The following plan was submitted on April 2, 2013 by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 )  MAG 2013 Carbon Monoxide Maintenance Plan for the Maricopa County Area,  adopted by the Maricopa Association of Governments on March 27, 2013.\n\n(174) The following plan was submitted on December 3, 2015 by the Governor's designee.\n\n(i) [Reserved]\n\n(ii) Additional materials.\n\n(A) Arizona Department of Environmental Quality.\n\n( 1 ) SIP Revision: Clean Air Act Section 110(a)(2)(D), 2008 Ozone National Ambient Air Quality Standards (December 3, 2015)."], ["40:40:3.0.1.1.1.4.1.33", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.153", "\u00a7 52.153 Control strategy and regulations: Ozone.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[84 FR 60927, Nov. 12, 2019, as amended at 87 FR 60913, Oct. 7, 2022]", "(a)  Determination of attainment by the attainment date.  Effective December 12, 2019 the EPA has determined that the Phoenix-Mesa Moderate nonattainment area in Arizona attained the 2008 8-hour ozone National Ambient Air Quality Standards (NAAQS) by the applicable attainment date of July 20, 2018, based upon complete, quality-assured, and certified data for the calendar years 2015-2017. The EPA has also determined that the requirement of section 172(c)(9) to provide for contingency measures to be implemented in the event the area fails to attain by its attainment date for the 2008 8-hour NAAQS does not apply to the area.\n\n(b)  Determination of attainment by the attainment date.  Effective November 7, 2022 the EPA has determined that the Yuma County Marginal nonattainment area in Arizona attained the 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS) by the applicable attainment date of August 3, 2021, based upon complete quality-assured and certified data for the calendar years 2018-2020.\n\n(c) [Reserved]"], ["40:40:3.0.1.1.1.4.1.4", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.122", "\u00a7 52.122 Negative declarations.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[67 FR 54743, Aug. 26, 2002, as amended at 70 FR 7041, Feb. 10, 2005; 84 FR 39200, Aug. 9, 2019; 86 FR 976, Jan. 7, 2021; 86 FR 46989, Aug. 23, 2021; 90 FR 4654, Jan. 16, 2025; 91 FR 30216, May 22, 2026]", "(a) The following air pollution control districts submitted negative declarations for volatile organic compound source categories to satisfy the requirements of section 182 of the Clean Air Act, as amended. The following negative declarations are approved as additional information to the State Implementation Plan.\n\n(1) Maricopa County Environmental Services Department.\n\n(i) Refinery Sources (Refinery Process Turnarounds), Automobile and Light Duty Trucks, Magnet Wire, Flatwood Paneling, Pharmaceuticals and Cosmetic Manufacturing Operations, Rubber Tire Manufacturing, Polymer Manufacturing, Industrial Wastewater, Ship Building and Repair, Synthetic Organic Chemical Manufacturing Industry (SOCMI) Batch Processing, SOCMI Reactors, and SOCMI Distillation were adopted on April 26, 2000 and submitted on December 14, 2000.\n\n(ii) Fiberglass Boat Manufacturing was adopted on March 24, 2004 and submitted on April 21, 2004.\n\n(2) Pinal County Air Quality Control District.\n\n(i) The following negative declarations for the 2008 ozone NAAQS were adopted on November 30, 2016 and submitted on February 3, 2017.\n\n(ii) The following negative declarations for the 2008 ozone NAAQS were adopted on August 5, 2020 and submitted on August 20, 2020.\n\n(3) Maricopa County Air Quality Department.\n\n(i) The following negative declarations for the 2008 ozone NAAQS were adopted by the Maricopa County Air Quality Department.\n\n(ii) [Reserved]\n\n(4) Arizona Department of Environmental Quality\n\n(i) The following negative declarations for the 2015 ozone NAAQS were adopted by the Arizona Department of Environmental Quality for the Gila County portion of the Phoenix-Mesa 2015 ozone nonattainment area.\n\n(ii) [Reserved]\n\n(b) [Reserved]"], ["40:40:3.0.1.1.1.4.1.5", 40, "Protection of Environment", "I", "C", "52", "PART 52\u2014APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS", "D", "Subpart D\u2014Arizona", "52.123", "\u00a7 52.123 Approval status.", "EPA", "42 U.S.C. 7401 et seq.", "37 FR 10846, May 31, 1972, unless otherwise noted.", "[38 FR 33373, Dec. 3, 1973]", "(a) With the exceptions set forth in this subpart, the Administrator approved Arizona's plan for the attainment of the national standards.\n\n(b) With the exception set forth in \u00a7\u00a7 52.130 and 52.135, the Administrator approves the inspection and maintenance (I/M) program for motor vehicles; the carpool matching program; certain transit improvements; and certain traffic flow improvement and site-specific traffic control measures.\n\n(c) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph.\n\n(1) For TSP, the portion of the Tucson TSP Air Planning Area falling both within the area described by connecting the geographic points in the order listed below in this paragraph and within the townships and sections described below in this paragraph:\n\nLatitude 32\u00b038.5\u2032 N, Longitude 111\u00b024.0\u2032 W\n \n Latitude 32\u00b026.5\u2032 N, Longitude 110\u00b047.5\u2032 W\n \n Latitude 32\u00b012.5\u2032 N, Longitude 110\u00b032.5\u2032 W\n \n Latitude 31\u00b049.5\u2032 N, Longitude 110\u00b025.5\u2032 W\n \n Latitude 31\u00b042.0\u2032 N, Longitude 110\u00b050.5\u2032 W\n \n Latitude 31\u00b052.5\u2032 N, Longitude 111\u00b012.5\u2032 W\n \n Latitude 31\u00b024.5\u2032 N, Longitude 111\u00b029.0\u2032 W\n\nLatitude 32\u00b038.5\u2032 N, Longitude 111\u00b024.0\u2032 W\n\nLatitude 32\u00b026.5\u2032 N, Longitude 110\u00b047.5\u2032 W\n\nLatitude 32\u00b012.5\u2032 N, Longitude 110\u00b032.5\u2032 W\n\nLatitude 31\u00b049.5\u2032 N, Longitude 110\u00b025.5\u2032 W\n\nLatitude 31\u00b042.0\u2032 N, Longitude 110\u00b050.5\u2032 W\n\nLatitude 31\u00b052.5\u2032 N, Longitude 111\u00b012.5\u2032 W\n\nLatitude 31\u00b024.5\u2032 N, Longitude 111\u00b029.0\u2032 W\n\n(and return to initial point)\n\nT9S, R9-11E\n \n T10S, R9-13E\n \n T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only)\n \n T13S, R14E: sections 19-21, 26-35\n \n T14S, R13E: sections 1-3, 10-14, 23-25\n \n T14S, R14E: sections 3-9, 17-19, 30\n \n T17S, R19E\n \n T18S, R19E\n \n T20S, R14-15E\n\nT9S, R9-11E\n\nT10S, R9-13E\n\nT13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only)\n\nT13S, R14E: sections 19-21, 26-35\n\nT14S, R13E: sections 1-3, 10-14, 23-25\n\nT14S, R14E: sections 3-9, 17-19, 30\n\nT17S, R19E\n\nT18S, R19E\n\nT20S, R14-15E\n\n(d) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. In addition, continued satisfaction of the requirements of Part D for the ozone portion of the State Implementation Plan (SIP) depends on the adoption and submittal by January 1, 1981, of reasonably available control technology (RACT) requirements for sources covered by Control Technique Guidelines (CTG's) published between January 1978 and January 1979.\n\n(1) Maricopa County Urban Planning Area for O 3 .\n\n(e) The Administrator finds that the plan does not satisfy all the requirements of Part D, Title I, of the Clean Air Act as amended in 1977 for the nonattainment and area pollutants listed in this paragraph.\n\n(1) Maricopa County Urban Planning Area for CO and TSP.\n\n(2) [Reserved]\n\n(3) The following portion of the Tucson TSP Air Planning Area: The area described by connecting the following geographic points in the order listed below:\n\nLatitude 32\u00b038.5\u2032 N, Longitude 111\u00b024.0\u2032 W\n \n Latitude 32\u00b026.5\u2032 N, Longitude 110\u00b047.5\u2032 W\n \n Latitude 32\u00b012.5\u2032 N, Longitude 110\u00b032.5\u2032 W\n \n Latitude 31\u00b049.5\u2032 N, Longitude 110\u00b025.5\u2032 W\n \n Latitude 31\u00b042.0\u2032 N, Longitude 110\u00b050.5\u2032 W\n \n Latitude 31\u00b052.5\u2032 N, Longitude 111\u00b012.5\u2032 W\n \n Latitude 31\u00b024.5\u2032 N, Longitude 111\u00b029.0\u2032 W\n\nLatitude 32\u00b038.5\u2032 N, Longitude 111\u00b024.0\u2032 W\n\nLatitude 32\u00b026.5\u2032 N, Longitude 110\u00b047.5\u2032 W\n\nLatitude 32\u00b012.5\u2032 N, Longitude 110\u00b032.5\u2032 W\n\nLatitude 31\u00b049.5\u2032 N, Longitude 110\u00b025.5\u2032 W\n\nLatitude 31\u00b042.0\u2032 N, Longitude 110\u00b050.5\u2032 W\n\nLatitude 31\u00b052.5\u2032 N, Longitude 111\u00b012.5\u2032 W\n\nLatitude 31\u00b024.5\u2032 N, Longitude 111\u00b029.0\u2032 W\n\n(and return to initial point)\n\nExcluding the area within the following townships:\n\nT9S, R9-11E\n \n T10S, R9-13E\n \n T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only)\n \n T13S, R14E: sections 19-21, 26-35\n \n T14S, R13E: sections 1-3, 10-14, 23-25\n \n T14S, R14E: sections 3-9, 17-19, 30\n \n T17S, R19E\n \n T18S, R19E\n \n T20S, R14-15E\n\nT9S, R9-11E\n\nT10S, R9-13E\n\nT13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only)\n\nT13S, R14E: sections 19-21, 26-35\n\nT14S, R13E: sections 1-3, 10-14, 23-25\n\nT14S, R14E: sections 3-9, 17-19, 30\n\nT17S, R19E\n\nT18S, R19E\n\nT20S, R14-15E\n\n(f) Maricopa County PM-10 Nonattainment Area (Phoenix Planning Area). (1)  Plan for Attainment of the 24-hour PM-10 Standard\u2014Maricopa County PM-10 Nonattainment Area  (May, 1997) submitted by the Arizona Department of Environmental Quality on May 7, 1997.\n\n(i) [Reserved]\n\n(ii) The Administrator approves the attainment and reasonable further progress demonstrations for the Maryvale PM-10 monitoring site and Salt River PM-10 monitoring site.\n\n(iii) The approvals in paragraphs (f)(1) (i) and (ii) of this section are applicable only to the plan identified in paragraph (f)(1) of this section and do not constitute the Administrator's final decision as to the State's full compliance with the requirements of Clean Air Act sections 189(a)(1)(C) and 189(b)(1)(B) for RACM and BACM and sections 189(a)(1)(B), 189(b)(1)(A) and 189(c)(1) for attainment and reasonable further progress.\n\n(g) Pursuant to the Federal planning authority in section 110(c) of the Clean Air Act, the Administrator finds that the applicable implementation plan for the Maricopa County ozone nonattainment area demonstrates the 15 percent VOC rate of progress required under section 182(b)(1)(A)(i).\n\n(h) Pursuant to the federal planning authority in section 110(c) of the Clean Air Act, the Administrator finds that the applicable implementation plan for the Maricopa County PM-10 nonattainment area provides for the implementation of reasonably available control measures as required by section 189(a)(1)(C) and demonstrates attainment by the applicable attainment date as required and allowed by sections 172(c)(2) and 189(a)(1)(B).\n\n(i) The Administrator approves the Maintenance Plan for the Tucson Air Planning Area submitted by the Arizona Department of Environmental Quality on October 6, 1997 as meeting requirements if section 175(A) of the Clean Air Act and the requirements of EPA's Limited Maintenance Plan option. The Administrator approves the Emissions Inventory contained in the Maintenance Plan as meeting the requirements of section 172(c)(3) of the Clean Air Act.\n\n(j) The Administrator is approving the following elements of the Metropolitan Phoenix PM-10 Nonattainment Area Serious Area PM-10 Plan as contained in  Revised Maricopa Association of Governments 1999 Serious Area Particulate Plan for PM-10 for the Maricopa County Nonattainment Area,  February 2000, submitted February 16, 2000 and  Maricopa County PM-10 Serious Area State Implementation Plan Revision, Agricultural Best Management Practices (BMP),  ADEQ, June 2000, submitted on June 13, 2001:\n\n(1) 1994 Base year emission inventory pursuant to Clean Air Act section 172(c)(3).\n\n(2) The Provisions for implementing on all significant source categories reasonably available control measures (except for agricultural sources) and best available control measures for the annual and 24-hour PM-10 NAAQS pursuant to section Clean Air Act sections 189(a)(1)(c) and 189(b)(1)(b)).\n\n(3) The demonstration of the impracticability of attainment by December 31, 2001 for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 189(b)(1)(A)(ii).\n\n(4) The demonstration of attainment by the most expeditious alternative date practicable for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 189(b)(1)(A)(ii).\n\n(5) The demonstration of reasonable further progress for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 172(c)(2).\n\n(6) The quantitative milestones for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 189(c).\n\n(7) The inclusion of the most stringent measures for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 188(e).\n\n(8) The demonstration that major sources of PM-10 precursors do not contribute significantly to violations for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 189(e).\n\n(9) The contingency measures for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 172(c)(9).\n\n(10) The transportation conformity budget for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 176(c).\n\n(11) The provisions for assuring adequate resources, personnel, and legal authority to carry out the plan for the annual and 24-hour PM-10 NAAQS pursuant to Clean Air Act section 110(a)(2)(E)(i).\n\n(k) The Administrator approves the revised Enhanced Vehicle Inspection and Maintenance Program for the Maricopa County carbon monoxide and ozone nonattainment area submitted by the Arizona Department of Environmental Quality on July 6, 2001 and April 10, 2002 as meeting the requirements of Clean Air Act sections 182(c)(3) and 187(a)(6) and the requirements for high enhanced inspection and maintenance programs contained in 40 CFR part 51, subpart S.\n\n(l)  1997 8-hour ozone NAAQS:  The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of the Arizona SIP.\n\n(m)  1997 PM 2.5   NAAQS:  The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), (J) and (K) for all portions of the Arizona SIP.\n\n(n)  2006 PM 2.5   NAAQS:  The SIPs submitted on October 14, 2009 and August 24, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the Arizona SIP.\n\n(o)  2008 8-hour ozone NAAQS:  The SIPs submitted on October 14, 2011, December 27, 2012, and December 3, 2015 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(i)(II), D(ii), and (J) for all portions of the Arizona SIP.\n\n(p)  2008 Lead (Pb) NAAQS:  The SIPs submitted on October 14, 2011 and December 27, 2012 are fully or partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C), (D)(ii), and (J) for all portions of the Arizona SIP.\n\n(q)  2010 Nitrogen Dioxide NAAQS:  The SIPs submitted on January 18, 2013 and December 3, 2015 are fully or partially disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the Arizona SIP.\n\n(r)  2010 Sulfur Dioxide NAAQS:  The SIPs submitted on July 23, 2013 and December 3, 2015 are fully or partially disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J) for all portions of the Arizona SIP.\n\n(s)  2012 PM 2.5   NAAQS:  The SIPs submitted on December 11, 2015, and February 10, 2022, are fully approved except for the PSD-related requirements of CAA sections 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J), which we are deferring action on, for all portions of the Arizona SIP.\n\n(t)  2015 8-hour ozone NAAQS:  The SIPs submitted on September 24, 2018, and February 10, 2022, are fully or partially disapproved for CAA elements 110(a)(2)(C), (D)(i)(II), 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