cfr_sections
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1,106 rows where agency = "EPA" and part_number = 52 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:3.0.1.1.1.1.1.1 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.01 | § 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. (a) The term stationary source means any building, structure, facility, or installation which emits or may emit an air pollutant for which a national standard is in effect. (b) The term commenced means that an owner or operator has undertaken a continuous program of construction or modification. (c) The term construction means fabrication, erection, or installation. (d) The phrases modification or modified source mean any physical change in, or change in the method of operation of, a stationary source which increases the emission rate of any pollutant for which a national standard has been promulgated under part 50 of this chapter or which results in the emission of any such pollutant not previously emitted, except that: (1) Routine maintenance, repair, and replacement shall not be considered a physical change, and (2) The following shall not be considered a change in the method of operation: (i) An increase in the production rate, if such increase does not exceed the operating design capacity of the source; (ii) An increase in the hours of operation; (iii) Use of an alternative fuel or raw material, if prior to the effective date of a paragraph in this part which imposes conditions on or limits modifications, the source is designed to accommodate such alternative use. (e) The term startup means the setting in operation of a source for any purpose. (f) [Reserved] (g) The term heat input means the total gross calorific value (where gross calorific value is measured by ASTM Method D2015-66, D240-64, or D1826-64) of all fuels burned. (h) The term total rated capacity means the sum of the rated capacities of all fuel-burning equipment connected to a common stack. The rated capacity shall be the maximum guaranteed by the equipment manufacturer or the maximum normally achieved during use, whichever is greater. |
| 40:40:3.0.1.1.1.1.1.10 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.11 | § 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. (b) No provisions are promulgated to replace any disapproved air quality monitoring or communications portions of a contingency plan, but detailed critiques of such portions are provided to the State. (c) Where a State plan does not provide for public announcement regarding air pollution emergency episodes or where the State fails to give any such public announcement, the Administrator will issue a public announcement that an episode stage has been reached. When making such an announcement, the Administrator will be guided by the suggested episode criteria and emission control actions suggested in Appendix L of part 51 of this chapter or those in the approved plan. |
| 40:40:3.0.1.1.1.1.1.11 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.12 | § 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. (b) No provisions are promulgated for any disapproved State or local agency procedures for testing, inspection, investigation, or detection, but detailed critiques of such portions are provided to the State. (c) For purposes of Federal enforcement, the following test procedures and methods shall be used, provided that for the purpose of establishing whether or not a person has violated or is in violation of any provision of the plan, nothing in this part shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test procedures or methods had been performed: (1) Sources subject to plan provisions which do not specify a test procedure and sources subject to provisions promulgated by the Administrator will be tested by means of the appropriate procedures and methods prescribed in part 60 of this chapter unless otherwise specified in this part. (2) Sources subject to approved provisions of a plan wherein a test procedure is specified will be tested by the specified procedure. |
| 40:40:3.0.1.1.1.1.1.12 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.13 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.14 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.15 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.16 | § 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. (b) The Regional Offices are as follows: (1) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. EPA Region 1, 5 Post Office Square—Suite 100, Boston, MA 02109-3912. (2) New York, New Jersey, Puerto Rico, and Virgin Islands. EPA Region 2, 290 Broadway, New York, NY 10007-1866. (3) Delaware, District of Columbia, Pennsylvania, Maryland, Virginia, and West Virginia. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029. (4) Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee. EPA Region 4, 61 Forsyth Street, Atlanta, Georgia 30303. (5) Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin. EPA Region 5, 77 West Jackson Boulevard, Chicago, IL 60604-3507. (6) Arkansas, Louisiana, New Mexico, Oklahoma, and Texas. Environmental Protection Agency, Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102. (7) Iowa, Kansas, Missouri, and Nebraska. Environmental Protection Agency, Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. (8) Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming. EPA, Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129. (9) Arizona, California, Hawaii, Nevada, American Samoa, Commonwealth of the Northern Mariana Islands, and Guam. EPA, Region 9, 75 Hawthorne Street, San Francisco, CA 94105. (10) Alaska, Idaho, Oregon, and Washington. EPA, Region 10, 1200 6th Avenue, Seattle, WA 98101. |
| 40:40:3.0.1.1.1.1.1.16 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.17 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.18 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.20 | § 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— (a) As expeditiously as practicable where the requirement is part of a control strategy designed to attain a primary standard, and (b) Within a reasonable time where the requirement is part of a control strategy designed to attain a secondary standard. |
| 40:40:3.0.1.1.1.1.1.19 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.21 | § 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. (2) Applicability procedures. (i) The requirements of this section apply to the construction of any new major stationary source (as defined in paragraph (b)(1) of this section) or any project at an existing major stationary source in an area designated as attainment or unclassifiable under sections 107(d)(1)(A)(ii) or (iii) of the Act. (ii) The requirements of paragraphs (j) through (r) of this section apply to the construction of any new major stationary source or the major modification of any existing major stationary source, except as this section otherwise provides. (iii) No new major stationary source or major modification to which the requirements of paragraphs (j) through (r)(5) of this section apply shall begin actual construction without a permit that states that the major stationary source or major modification will meet those requirements. The Administrator has authority to issue any such permit. (iv) The requirements of the program will be applied in accord… |
| 40:40:3.0.1.1.1.1.1.2 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.02 | § 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. (b) Any plan or portion thereof promulgated by the Administrator substitutes for a State plan or portion thereof disapproved by the Administrator or not submitted by a State, or supplements a State plan or portion thereof. The promulgated provisions, together with any portions of a State plan approved by the Administrator, constitute the applicable plan for purposes of the Act. (c) Where nonregulatory provisions of a plan are disapproved, the disapproval is noted in this part and a detailed evaluation is provided to the State, but no substitute provisions are promulgated by the Administrator. (d) All approved plans and plan revisions listed in subparts B through DDD and FFF of this part and on file at the Office of the Federal Register are approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Notice of amendments to the plans will be published in the Federal Register. The plans and plan revisions are available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition the plans and plan revisions are available at the following locations: (1) Office of Air and Radiation, Docket and Information Center (Air Docket), EPA, 401 M St., SW., Room M1500, Washington, DC 20460. (2) The appropriate EPA Regional Office as listed below: (i) Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont. Environmental Protection Agency, Region 1, 5 Post Offi… |
| 40:40:3.0.1.1.1.1.1.20 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.23 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.24 | § 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: (1) Failed to submit an implementation plan meeting the requirements of an approvable new source review permitting program; or (2) Failed to submit an implementation plan that provided for timely attainment of the national ambient air quality standard for sulfur dioxide by December 31, 1982. This prohibition shall apply until the Administrator approves a plan for such area as meeting the applicable requirements of part D of title I of the Act as amended (NSR permitting requirements) or subpart 5 of part D of title I of the Act as amended (relating to attainment of the national ambient air quality standards for sulfur dioxide), as applicable. (b) Permits to construct and operate as required by permit programs under section 172(c)(5) of the Act may not be issued for new or modified major stationary sources proposing to locate in nonattainment areas or areas in a transport region where the Administrator has determined that the applicable implementation plan is not being adequately implemented for the nonattainment area or transport region in which the proposed source is to be constructed or modified in accordance with the requirements of part D of title I of the Act. (c) Whenever, on the basis of any information, the Administrator finds that a State is not in compliance with any requirement or prohibition of the Act relating to the construction of new sources or the modification of existing sources, the Administrator may issue an order under section 113(a)(5) of the Act prohibiting the construction or modification of any major stationary source in any area to which such requirement applies. (d) The restrict… |
| 40:40:3.0.1.1.1.1.1.22 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.26 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.27 | § 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. (b) Definitions. For purposes of this section, all terms shall have the meaning ascribed to them in the Clean Air Act, in the prevention of significant deterioration (PSD) program approved as part of the applicable SIP pursuant to 40 CFR 51.24 for the State, or in the protection of visibility program (40 CFR 51.301), all as in effect on July 12, 1985. (c) Federal visibility analysis. Any person shall have the right, in connection with any application for a permit to construct a major stationary source or major modification, to request that the administrator take responsibility from the State for conducting the required review of a proposed source's impact on visibility in any Federal Class I area. If requested, the Administrator shall take such responsibility and conduct such review pursuant to paragraphs (e), (f) and (g) of this section in any case where the State fails to provide all of the procedural steps listed in paragraph (d) of this section. A request pursuant to this paragraph must be made within 60 days of the notice soliciting public comment on a permit, unless such notice is not properly given. The Administrator will not entertain requests challenging the substance of any state action concerning visibility where the State has provided all of the procedural … |
| 40:40:3.0.1.1.1.1.1.24 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.28 | § 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. (b) Definitions. For the purposes of this section: (1) Visibility protection area means any area listed in 40 CFR 81.401-81.436 (1984). (2) All other terms shall have the meaning ascribed to them in the protection of visibility program (40 CFR 51.301) or the prevention of significant deterioration (PSD) program either approved as part of the applicable SIP pursuant to 40 CFR 51.24 or in effect for the applicable SIP pursuant to 40 CFR 52.21, all as in effect on July 12, 1985. (c) Review of major stationary sources and major modifications—source applicability and exemptions. (1) No stationary source or modification to which the requirements of this section apply shall begin actual construction without a permit which states that the stationary source or modification would meet those requirements. The Administrator has sole authority to issue any such permit unless the authority has been delegated pursuant to paragraph (i) of this section. (2) The requirements of this section shall apply to construction of any new major stationary source or major modification that would both be constructed in an area classified as nonattainment under section 107(d)(1)(A), (B) or (C) of the Clean Air Act and potentially have an impact on visibility in any visibility protection area. (3) The requirements of this section shall apply to any … |
| 40:40:3.0.1.1.1.1.1.25 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.29 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.30 | § 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: (1) The term “political subdivision” refers to the representative body that is responsible for adopting and/or implementing air pollution controls for one, or any combination of one or more of the following: city, town, borough, county, parish, district, or any other geographical subdivision created by, or pursuant to, Federal or State law. This will include any agency designated under section 174, 42 U.S.C. 7504, by the State to carry out the air planning responsibilities under part D. (2) The term “required activity” means the submission of a plan or plan item, or the implementation of a plan or plan item. (3) The term “deficiency” means the failure to perform a required activity as defined in paragraph (a)(2) of this section. (4) For purposes of § 52.30, the terms “plan” or “plan item” mean an implementation plan or portion of an implementation plan or action needed to prepare such plan required by the Clean Air Act, as amended in 1990, or in response to a SIP call issued pursuant to section 110(k)(5) of the Act. (b) Sanctions. During the 24 months after a finding, determination, or disapproval under section 179(a) of the Clean Air Act is made, EPA will not impose sanctions under section 110(m) of the Act on a statewide basis if the Administrator finds that one or more political subdivisions of the State are principally responsible for the deficiency on which the finding, disapproval, or determination as provided under section 179(a)(1) through (4) is based. (c) Criteria. For the purposes of this provision, EPA will consider a political subdivision to be principally responsible for the deficiency on which a section 179(a) finding is based, if all five of the following criteria are met. (1) The State has provided adequate legal authority to a political subdivision to perform the required activity. (2) The required activity is one which has traditionally been performed by the local political subdivision, or the responsibility for performing the requ… |
| 40:40:3.0.1.1.1.1.1.27 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.31 | § 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). (b) Definitions. All terms used in this section, but not specifically defined herein, shall have the meaning given them in § 52.01. (1) 1990 Amendments means the 1990 Amendments to the Clean Air Act (Pub. L. No. 101-549, 104 Stat. 2399). (2) Act means Clean Air Act, as amended in 1990 (42 U.S.C. 7401 et seq. (1991)). (3) Affected area means the geographic area subject to or covered by the Act requirement that is the subject of the finding and either, for purposes of the offset sanction under paragraph (e)(1) of this section and the highway sanction under paragraph (e)(2) of this section, is or is within an area designated nonattainment under 42 U.S.C. 7407(d) or, for purposes of the offset sanction under paragraph (e)(1) of this section, is or is within an area otherwise subject to the emission offset requirements of 42 U.S.C. 7503. (4) Criteria pollutant means a pollutant for which the Administrator has promulgated a national ambient air quality standard pursuant to 42 U.S.C. 7409 (i.e., ozone, lead, sulfur dioxide, particulate matter, carbon monoxide, nitrogen dioxide). (5) Findings or Finding refer(s) to one or more of the findings, disapprovals, and determinations described in subsection 52.31 (c). (6) NAAQS means national ambient air quality standard the Administrator has promulgated pursuant to 42 U.S.C. 7409. (7) Ozone precursors mean nitrogen oxides (NO X ) and volatile organic compounds (VOC). (8) Part D means part D of title I of the Act. (9) Part D SIP or SIP revision or plan means a State implementation plan or plan revision that States are required to submit or revise pursuant to part D. (10) Precursor means pollutant which is transformed in the atmosphere (later in time and space from point of emission… |
| 40:40:3.0.1.1.1.1.1.28 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.32 | § 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 § 51.120, EPA may make a finding under section 179(a) (1)-(4) of the Clean Air Act, 42 U.S.C. 7509(a) (1)-(4), starting the sanctions process set forth in section 179(a) of the Clean Air Act. Any such finding will be deemed a finding under § 52.31(c) and sanctions will be imposed in accordance with the order of sanctions and the terms for such sanctions established in § 52.31. |
| 40:40:3.0.1.1.1.1.1.29 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.33 | § 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. (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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.04 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.34 | § 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: (1) Administrator means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative. (2) Large Electric Generating Units (large EGUs) means: (i) For units that commenced operation before January 1, 1997, a unit serving during 1995 or 1996 a generator that had a nameplate capacity greater than 25 Mwe and produced electricity for sale under a firm contract to the electric grid. (ii) For units that commenced operation on or after January 1, 1997 and before January 1, 1999, a unit serving at any time during 1997 or 1998 a generator that had a nameplate capacity greater than 25 Mwe and produced electricity for sale under a firm contract to the electric grid. (iii) For units that commence operation on or after January 1, 1999, a unit serving at any time a generator that has a nameplate capacity greater than 25 Mwe and produces electricity for sale. (3) Large Non-Electric Generating Units (large non-EGUs) means: (i) For units that commenced operation before January 1, 1997, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve during 1995 or 1996 a generator producing electricity for sale under a firm contract to the electric grid. (ii) For units that commenced operation on or after January 1, 1997 and before January 1, 1999, a unit that has a maximum design heat input greater than 250 mmBtu/hr and that did not serve at any time during 1997 or 1998 a generator producing electricity for sale under a firm contract to the electric grid. (iii) For units that commence operation on or after January 1, 1999, a unit with a maximum design heat input greater than 250 mmBtu/hr that: (A) At no time serves a generator producing electricity for sale; or (B) At any time serves a generator producing electricity for sale, if any such generator has a nameplate capacity of 25 Mwe or less and has the potential to use 50 percent or less of t… |
| 40:40:3.0.1.1.1.1.1.31 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.35 | § 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 § 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 § 51.123 of this chapter, these provisions of part 97 of this chapter will no longer apply to the sources in that State, except to the extent the Administrator's approval of the SIP is partial or conditional or unless such approval is under § 51.123(p) of this chapter. (2) Notwithstanding any provisions of paragraph (a)(1) of this section, if, at the time of such approval of the State's SIP, the Administrator has already allocated any CAIR 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. (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 § 97.302 of this chapter. Each State that is described in § 51.123(c)(1… |
| 40:40:3.0.1.1.1.1.1.32 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.36 | § 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 § 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 § 51.124 of this chapter, these provisions of part 97 of this chapter will no longer apply to sources in that State, except to the extent the Administrator's approval of the SIP is partial or conditional or unless such approval is under § 51.124(r) of this chapter. (b) The provisions of this section do not invalidate or otherwise affect the obligations of States, emissions sources, or other responsible entities with respect to all portions of plans approved or promulgated under this part or the obligations of States under the requirements of §§ 51.124 and 51.125 of this chapter. (c) The States with SIPs approved by the Administrator as meeting the requirements of CAIR for PM 2.5 relating to SO 2 under § 51.124(o) of this chapter are: Indiana, and Ohio (d) Notwithstanding paragraph (a) of this section, such paragraph is not applicable as it relates to sources in the State of Minnesota as of December 3, 2009. (e) Notwithstanding any provisions of paragraphs (a) through (c) of this section, subparts AAA through III of part 97 of this chapter and any State's SIP to the contrary: (1) With regard to any control period that begins after December 31, 2014… |
| 40:40:3.0.1.1.1.1.1.33 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.37 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.38 | § 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 —(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. (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. (ii) The provisions of subpart AAAAA of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2015 and 2016 only: Texas. (3) 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 § 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: (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… |
| 40:40:3.0.1.1.1.1.1.35 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.39 | § 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. (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. (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. (2) The provisions of subpart DDDDD of part 97 of this chapter apply to sources in each of the following States and Indian country located within the borders of such States with regard to emissions occurring in 2015 and 2016 only: Texas. (d) 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 § 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 … |
| 40:40:3.0.1.1.1.1.1.36 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.40 | § 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). (b) Definitions. The terms used in this section and §§ 52.41 through § 52.46 are defined as follows: Calendar year means the period between January 1 and December 31, inclusive, for a given year. Existing affected unit means any affected unit for which construction commenced before August 4, 2023. New affected unit means any affected unit for which construction commenced on or after August 4, 2023. Operator 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. Owner means any holder of any portion of the legal or equitable title in an affected unit. Potential 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. Rolling 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 re… |
| 40:40:3.0.1.1.1.1.1.37 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.41 | § 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. Affected unit means an engine meeting the applicability criteria of this section. Cap 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. Emergency 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. (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. (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. Facility 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-… |
| 40:40:3.0.1.1.1.1.1.38 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.42 | § 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. Affected unit means a cement kiln meeting the applicability criteria of this section. Cement 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. Cement plant means any facility manufacturing cement by either the wet or dry process. Clinker means the product of a cement kiln from which finished cement is manufactured by milling and grinding. Operating day means a 24-hour period beginning at 12:00 midnight during which the kiln produces clinker at any time. (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 § 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 . (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: (1) Long wet kilns: 4.0 lb/ton of clinker; (2) Long dry kilns: 3.0 lb/ton of clinker; (3) Preheater kilns: 3.8 lb/ton of clinker; (4) Precalciner kilns: 2.3 lb/ton of clinker; and (5) Preheater/Precalciner kilns: 2.8 lb/ton of clinker. (d) Testing and monitoring requirements. (1) If you are the owner or operator of an affected unit you must conduct performance tests, on a… |
| 40:40:3.0.1.1.1.1.1.39 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.43 | § 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. Affected unit means any reheat furnace meeting the applicability criteria of this section. Day 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. Low 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 . Low-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. Operating day means a 24-hour period beginning at 12:00 midnight during which any fuel is combusted at any time in the reheat furnace. Reheat furnace means a furnace used to heat steel product—including metal ingots, billets, slabs, beams, blooms and other similar products—for the purpose of deformation and rolling. (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 § 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 . (c) Emissions co… |
| 40:40:3.0.1.1.1.1.1.4 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.05 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.44 | § 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. Affected units means a glass manufacturing furnace meeting the applicability criteria of this section. Borosilicate 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. Container 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). Flat glass means glass made of soda-lime recipe and produced into continuous flat sheets and other products listed in SIC 3211. Glass 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. Glass produced means the weight of the glass pulled from the glass melting furnace. Idling 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. Lead 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 tota… |
| 40:40:3.0.1.1.1.1.1.41 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.45 | § 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. Affected unit means an industrial boiler meeting the applicability criteria of this section. Boiler 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. Coal means “coal” as defined in 40 CFR 60.41b. Distillate oil means “distillate oil” as defined in 40 CFR 60.41b. Maximum 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. Natural gas means “natural gas” as defined in 40 CFR 60.41. Operating 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. Residual oil means “residual oil” as defined in 40 CFR 60.41c. (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 § 52.40(c)(2), including Indian country located within the borders of any such State(s). The requirements of this section do not apply… |
| 40:40:3.0.1.1.1.1.1.42 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.46 | § 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. Affected unit means a municipal waste combustor meeting the applicability criteria of this section. Chief 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. Mass 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. Mass 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. Mass burn waterwall municipal waste combustor means a field-erected combustor that combusts municipal solid waste in a waterwall furnace. Municipal waste combustor, MWC, or municipal waste combustor unit means: (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. (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 c… |
| 40:40:3.0.1.1.1.1.1.5 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.06 | § 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. (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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.07 | § 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. (b) A control strategy may be disapproved as inadequate because it is not sufficiently comprehensive, although all regulations provided to carry out the strategy may themselves be approved. In this case, regulations for carrying out necessary additional measures are promulgated in the subpart. (c) Where a control strategy is adequate to attain and maintain a national standard but one or more of the regulations to carry it out is not adopted or not enforceable by the State, the control strategy is approved and the necessary regulations are promulgated by the Administrator. (d) Where a control strategy is adequate to attain and maintain air quality better than that provided for by a national standard but one or more of the regulations to carry it out is not adopted or not enforceable by the State, the control strategy is approved and substitute regulations necessary to attain and maintain the national standard are promulgated. |
| 40:40:3.0.1.1.1.1.1.7 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.08 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.09 | § 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. (b) Individual source compliance schedules submitted with certain plans have not yet been evaluated, and are not approved or disapproved. (c) The Administrator's approval or promulgation of any compliance schedule shall not affect the responsibility of the owner or operator to comply with any applicable emission limitation on and after the date for final compliance specified in the applicable schedule. |
| 40:40:3.0.1.1.1.1.1.9 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | A | Subpart A—General Provisions | 52.10 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.49 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.60 | § 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 § 52.21 from sources located in the State of Alabama shall be submitted to the State agency, Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, Alabama 36130-1463, rather than to EPA's Region 4 office.(b) On March 24, 1987, the Alabama Department of Environmental Management submitted a letter committing the State of Alabama to require that modeling for PSD permits be done only in accordance with the “Guideline on Air Quality Models (Revised)” or other models approved by EPA. |
| 40:40:3.0.1.1.1.2.1.11 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.61 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.62 | § 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—Lowman Steam Plant; Alabama Power Company-Gorgas Steam Plant, Gaston Steam Plant, Greene County Steam Plant, Gadsden Steam Plant, Miller Steam Plant, and Barry Steam Plant; Alabama River Pulp; Champion International Corporation; Container Corporation of America; Exxon Company's Big Escambia Creek Treating Facility; General Electric's Burkville Plant; International Paper; Scott Paper Company; Tennessee Valley Authority's Colbert, and Widows Creek Steam Plant; Union Camp Corporation; and U.S. Steel. (a) Determination of Attaining Data. EPA has determined, as of September 20, 2010, the Birmingham, Alabama, nonattainment area has attaining data for the 2006 24-hour 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. (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. (c) Determination of attaining data. EPA has determined, as of June 29, 2011, the Birmingham, Alabama, nonattainm… |
| 40:40:3.0.1.1.1.2.1.13 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.63 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.64 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.65 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.66 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.69 | § 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 “Air Implementation Plan for the State of Alabama” and all revisions submitted by Alabama that were federally approved prior to December 1, 1998. The information in this section is available in the 40 CFR, part 52 edition revised as of July 1, 1999, the 40 CFR, part 52, Volume 1 of 2 (§§ 52.01 to 52.1018) editions revised as of July 1, 2000 through July 1, 2011, and the 40 CFR, part 52, Volume 1 of 3 (§§ 52.01 to 52.1018) editions revised as of July 1, 2012. (b)-(c) [Reserved] |
| 40:40:3.0.1.1.1.2.1.2 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.50 | § 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. (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. (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. (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. (c) EPA-Approved Alabama Regulations. Table 1 to Paragraph (c) —EPA-Approved Alabama Regulations (d) EPA-Approved Alabama Source-Specific Requirements. Table 2 to Paragraph (d) —EPA-Approved Alabama Source-Specific Requirements (e) EPA Approved Alabama Non-Regulatory Provisions. EPA Approv… |
| 40:40:3.0.1.1.1.2.1.3 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.51 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.53 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.54 | § 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 § 52.38(a) for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's SIP. (2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of Alabama's SIP revision described in paragraph (a)(1) of this section, the Administrator has already started recording any allocations of CSAPR 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. (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 occurr… |
| 40:40:3.0.1.1.1.2.1.6 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.55 | § 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 § 52.39 for those sources and units, except to the extent the Administrator's approval is partial or conditional. The obligation to comply with such requirements with regard to sources and units located in Indian country within the borders of the State will not be eliminated by the promulgation of an approval by the Administrator of a revision to Alabama's SIP. (b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Alabama's SIP revision described in paragraph (a) of this section, the Administrator has already started recording any allocations of CSAPR 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.56 | § 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. (b) [Reserved] |
| 40:40:3.0.1.1.1.2.1.8 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.57 | § 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. (b) [Reserved] |
| 40:40:3.0.1.1.1.2.1.9 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | B | Subpart B—Alabama | 52.58 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | 52.70 | § 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. (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. (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. (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. (c) EPA approved laws and regulations. Table 1 to Paragraph ( c )—EPA-Approved Alaska Regulations Table 2 to Paragraph ( c )—Alaska State Statutes Table 3 to Paragraph ( c )—City and Borough Codes and Ordinances (d) EPA approved state source-specific requirements. Table 4 to Paragraph ( d )—EPA-… |
| 40:40:3.0.1.1.1.3.1.10 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | §§ 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | 52.96 | § 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. (b) The requirements of sections 160 through 165 of the Clean Air Act are not met for Indian reservations since the plan does not include approvable provisions for preventing the significant deterioration of air quality on Indian reservations and, therefore, the provisions of § 52.21 except paragraph (a)(1) are hereby incorporated and made part of the applicable plan for Indian reservations in the State of Alaska. |
| 40:40:3.0.1.1.1.3.1.12 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | §§ 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | 52.71 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | 52.72 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | 52.73 | § 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. (1) Anchorage. (i) EPA approves as a revision to the Alaska State Implementation Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Section III.B of the State Air Quality Control Plan, adopted January 2, 2004, effective February 20, 2004 and Volume III of the Appendices adopted January 2, 2004, effective February 20, 2004) submitted by the Alaska Department of Environmental Conservation on February 18, 2004. (ii) EPA approves as a revision to the Alaska State Implementation Plan, the Anchorage Carbon Monoxide Maintenance Plan (Volume II Sections II, III.A and III.B of the State Air Quality Control Plan adopted August 20, 2010, effective October 29, 2010, and Volume III of the Appendices adopted August 20, 2010, effective October 29, 2010) submitted by the Alaska Department of Environmental Conservation on September 29, 2010. (iii) The EPA approves the following revised sections of the Anchorage Transportation Control Program, Anchorage CO Maintenance Plan (Volume II, Section III.B) of the Alaska SIP Submittal adopted July 13, 2011, and submitted on September 20, 2011: Planning Process (Section III.B.1), Maintenance Area Boundary (Section III.B.2), Nature of the CO Problem—Causes and Trends (Section III.B.3), Transportation Control Strategies (Section III.B.5), Modeling and Projections (Section III.B.6), Contingency Plan (Section III.B.7), Anchorage Emergency Episode Plan (Section III.B.8), Assurance of Adequacy (Section III.B.9) and Redesignation Request (Section III.B.11). The EPA also approves the following revised sections of the Appendices (Volume III): Anchorage Assembly Resolution No. 2011-133 (Appendix III.B.1), Anchorage 2007 Carbon Monoxide Emission Inventory and 2007-2023 Emission Projections (Appendix III.B.3), Analysis of Probability of Complying with the National Ambient Air Quality Standard for Carbon Monoxide in Anchorage between 2007 and 2023 (Appendix III.B.6) and Affidavit of Oral Hearing (Appendix III.B.10). (iv) The EPA approves the following revised sect… |
| 40:40:3.0.1.1.1.3.1.5 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | 52.74 | § 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 “Air Quality Implementation Plan for the State of Alaska” and all revisions submitted by Alaska that were Federally-approved prior to March 4, 2014. (b) The plan was officially submitted on April 25, 1972. (c) The plan revisions listed below were submitted on the dates specified. (1) Modifications to the implementation plan including a revision to Title 18, Chapter 50, section 160 and other nonregulatory provisions submitted on June 22, 1972, by the Governor. (2) Compliance schedules submitted on August 2, 1973, by the State of Alaska Department of Environmental Conservation. (3) Compliance schedules submitted on August 23, 1973, by the State of Alaska Department of Environmental Conservation. (4) Compliance schedules submitted on September 30, 1975, by the State of Alaska Department of Environmental Conservation. (5) Compliance schedules submitted on January 6, 1976, by the State of Alaska Department of Environmental Conservation. (6) Compliance schedules submitted on September 30, 1975, by the State of Alaska Department of Environmental Conservation. (7) Part D attainment plans for the Anchorage and Fairbanks carbon monoxide nonattainment areas submitted by the Governor of Alaska on January 18, 1980 as follows: Volume II. Analysis of Problems, Control Actions Section III. Areawide Pollutant Control Efforts, Subsection A. Carbon Monoxide, except subparts 1.c (Other areas) and 5.h (Fairbanks Emergency Avoidance Plan) Volume III. Appendices III-1 A Review of Carbon Monoxide Emissions from Motor Vehicles during Cold Temperature Operation III-2 Cold Weather Related Strategy Support Development III-3 Preliminary Assessment of Meteorological Conditions during Days of Ambient Air Quality Violations in Anchorage III-4 Summary of the 1978 Fairbanks Voluntary Vehicle Emissions Inspection Program III-5 Approach of Evaluating an Alaska I/M Program III-6 Appendices to the Anchorage Air Quality Plan III-7 Appendices to the Fairbanks Air Quality… |
| 40:40:3.0.1.1.1.3.1.6 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | 52.75 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | 52.76 | § 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. (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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | §§ 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | C | Subpart C—Alaska | 52.82 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.119 | § 52.119 Identification of plan—conditional 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. (a)-(c) [Reserved] |
| 40:40:3.0.1.1.1.4.1.10 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.128 | § 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 —(1) Purpose. The purpose of this section is to limit the emissions of particulate matter into the ambient air from human activity on unpaved parking lots, unpaved roads and vacant lots. (2) Applicability. The provisions of this section shall apply to owners/operators of unpaved roads, unpaved parking lots and vacant lots and responsible parties for weed abatement on vacant lots in the Phoenix PM-10 nonattainment area. This section does not apply to unpaved roads, unpaved parking lots or vacant lots located on an industrial facility, construction, or earth-moving site that has an approved permit issued by Maricopa County Environmental Services Division under Rule 200, Section 305, Rule 210 or Rule 220 containing a Dust Control Plan approved under Rule 310 covering all unpaved parking lots, unpaved roads and vacant lots. This section does not apply to the two Indian Reservations (the Salt River Pima-Maricopa Indian Community and the Fort McDowell Mojave-Apache Indian Community) and a portion of a third reservation (the Gila River Indian Community) in the Phoenix PM-10 nonattainment area. Nothing in this definition shall preclude applicability of this section to vacant lots with disturbed surface areas due to construction, earth-moving, weed abatement or other dust generating operations which have been terminated for over eight months. (3) The test methods described in Appendix A of this section shall be used when testing is necessary to determine whether a surface has been stabilized as defined in paragraph (b)(16) of this section. (b) Definitions —(1) Average daily trips (ADT). The average number of vehicles that cross a given surface during a specified 24-hour time period as determined by the Institute of Transportation Engineers Trip Generation Report (6th edition, 1997) or tube counts. (2) Chemical/organic stabilizer —Any non-toxic chemical or organic dust suppressant other than water which meets any specifications, criteria, or tests required by any federal, state, or local water agen… |
| 40:40:3.0.1.1.1.4.1.11 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.129 | § 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] (b) National standards not met. The requirements of § 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. (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 (§ 81.269 of this chapter), the construction or modification of which is commenced after the effective date of this regulation. (2) No owner or operator shall commence construction or modification of any new source after the effective date of this regulation without first obtaining approval from the Administrator of the location of such source. (i) Application for approval to construct or modify shall be made on forms furnished by the Administrator, or by other means prescribed by the Administrator. (ii) A separate application is required for each source. (iii) Each application shall be signed by the applicant. (iv) Each application shall be accompanied by site information, stack data, and the nature and amount of emissions. Such information shall be sufficient to enable the Administrator to make any determination pursuant to paragraph (c)(3) of this section. (v) Any additional information, plans, specifications, evidence or documentation that the Administrator may require shall be furnished upon request. (3) No approval to construct or modify will be granted unless the applicant shows to the satisfaction of the Administrator that the source will not prevent or interfere with attainment or maintenance of any national standard. (4)(i) Within twenty (20) days after receipt of an application to construct, or any addition to such application, the Administrator shall advise the owner or operator of any deficiency in the information submitted in support of the application. I… |
| 40:40:3.0.1.1.1.4.1.12 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.130 | § 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 § 51.211 of this chapter are not met since the plan does not contain legally enforceable procedures for requiring sources in the Northern Arizona, Mohave-Yuma, Central Arizona, and Southeast Arizona Intrastate Regions to maintain records of and periodically report on the nature and amounts of emissions. (b) The requirements of § 51.213 of this chapter are not met because the plan does not provide procedures for obtaining and maintaining data on actual emission reductions achieved as a result of implementing transportation control measures. (c) Regulation for source recordkeeping and reporting. (1) The owner or operator of any stationary source in the Northern Arizona, Mohave-Yuma, Central Arizona, or Southeast Arizona Intrastate Region (§§ 81.270, 81.268, 81.271, and 81.272 of this chapter) shall, upon notification from the Administrator, maintain records of the nature and amounts of emissions from such source or any other information as may be deemed necessary by the Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures. (2) The information recorded shall be summarized and reported to the Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31, except that the initial reporting period shall commence on the date the Administrator issues notification of the recordkeeping requirements. (3) Information recorded by the owner or operator and copies of the summarizing reports submitted to the Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures. All such emission data will be available during normal business hours at the regional office (region IX). The Administrator will designate one … |
| 40:40:3.0.1.1.1.4.1.13 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.131 | § 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. (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. (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 dat… |
| 40:40:3.0.1.1.1.4.1.14 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.132 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.133 | § 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. (b) Paragraph E of regulation 7-1-1.3 (R9-3-103) (Air Pollution Prohibited) prohibits any person from causing ground level concentrations to exceed ambient standards outside the boundaries of this operation. This regulation could allow violations of ambient air quality standards to occur in areas to which the public has access, contrary to the requirements of section 110(a)(1) of the Clean Air Act. Therefore, paragraph E of regulation 7-1-1.3 (R9-3-103) of the Arizona Rules and Regulations for Air Pollution Control is disapproved. (c) The requirements of subpart G and § 51.281 of this chapter are not met since the plan does not provide any enforceable regulations and a demonstration that such regulations will cause the attainment and maintenance of national ambient air quality standards in Graham and Greenlee Counties. (d) Section 3, regulation 4 (Ground Level Concentrations) of the Mohave County Air Pollution Control Regulations, paragraph E of regulation 8-1-1.3 (Air Pollution Prohibited) of the Yuma County Air Pollution Control Regulations, and paragraph C of regulation 7-1-1.3 (Air Pollution Prohibited) of the Rules and Regulations for Pinal-Gila… |
| 40:40:3.0.1.1.1.4.1.16 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.134 | § 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 § 52.126(b) shall comply with such regulation on or before January 31, 1974. The owner or operator of the source subject to § 52.125(c) shall comply with such regulation at initial start-up of such source unless a compliance schedule has been submitted pursuant to paragraph (a)(2) of this section. (i) Any owner or operator in compliance with § 52.126(b) on the effective date of this regulation shall certify such compliance to the Administrator no later than 120 days following the effective date of this paragraph. (ii) Any owner or operator who achieves compliance with § 52.125(c) or § 52.126(b) after the effective date of this regulation shall certify such compliance to the Administrator within 5 days of the date compliance is achieved. (2) Any owner or operator of the stationary source subject to § 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 § 52.125(c) as expeditiously as practicable but not later than July 31, 1977. Any owner or operator of a stationary source subject to § 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 § 52.126(b) as expeditiously as practicable but not later than July 31, 1975. (i) The compliance schedule shall provide for periodic increments of progress toward compliance. The dates for achievement of such increments shall be specified. Increments of progress shall include, but not be limited to: Submittal of the final control plan to the Administrator; letting of necessary contracts for construction or process change, or issuance of orders for the purchase of component parts to accomplish emission control equipment or … |
| 40:40:3.0.1.1.1.4.1.17 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.135 | § 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 § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.136 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.137 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.120 | § 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. (b) Incorporation by reference. (1) Material listed in in paragraphs (c) and (d) of this section with an EPA approval date prior to June 30, 2016, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Entries in paragraphs (c) and (d) of this section with the EPA approval dates after June 30, 2016 have been approved by EPA for inclusion in the State implementation plan and for incorporation by reference into the plan as it is contained in this section, and will be considered by the Director of the Federal Register for approval in the next update to the SIP compilation. (2) EPA Region IX certifies that the materials provided by EPA at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated state rules/regulations which have been approved as part of the state implementation plan as of the dates referenced in paragraph (b)(1). (3) Copies of the materials incorporated by reference into the state implementation plan may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; or the National Archives and Records Administration (NARA). To obtain the material, please call the Regional Office. You may also inspect the material with an EPA approval date prior to June 30, 2016 at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html . (c) EPA-approved regulations. Table 1—EPA-Approved Arizona Statutes 1 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 paragra… |
| 40:40:3.0.1.1.1.4.1.20 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.138 | § 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. (b) Definitions. (1) Applicable implementation plan or applicable plan means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under section 110 of the Clean Air Act, 42 U.S.C. 7410, or promulgated under section 110(c) of the CAA, 42 U.S.C. 7410(c). (2) Carbon monoxide national ambient air quality standard (CO NAAQS) means the standards for carbon monoxide promulgated by the Administrator under section 109, 42 U.S.C. 7409, of the Clean Air Act and found in 40 CFR 50.8 (3) Cause means resulting in a violation of the CO NAAQS in an area which previously did not have ambient CO concentrations above the CO NAAQS. (4) Contribute means resulting in measurably higher average 8-hour ambient CO concentrations over the NAAQS or an increased number of violations of the NAAQS in an area which currently experiences CO levels above the standard. (5) Metropolitan planning organization (MPO) means the organization designated under 23 U.S.C. 134 and 23 CFR part 450.106. For the specific purposes of this regulation, MPO means either the Maricopa Association of Governments or the Pima Association of Governments. (6) Nonattainment area means for the specific purpose of this regulation either the Pima County carbon monoxide nonattainment area as described in 40 CFR 81.303 or the Maricopa County carbon monoxide nonattainment area as described in 40 CFR 81.303 (i.e., the MAG urban planning area). (7) Transportation control measure (TCM) means any measure in an applicable impl… |
| 40:40:3.0.1.1.1.4.1.21 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.139 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.140 | § 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. (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 § 58.35 of this chapter. The first quarterly report shall cover the period January 1 to March 31, 1976. (c) In order to assure the effective implementation of §§ 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 § 58.35 of this chapter. The first quarterly report shall cover the period from July 1 to September 30, 1974. The vehicle miles traveled and vehicle speed data shall be collected on a monthly basis and submitted in a format similar to Table 1. Table 1 Time period Affected area 1 Continue with other vehicle types as appropriate. (d) No later than March 1, 1974, the State shall submit to the Administrator a compliance schedule to implement this section. The program description shall include the following: (1) The agency or agencies responsible for conducting, overseeing, and maintaining the monitoring program. (2) The administrative procedures to be used. (3) A description of the methods to be used to collect the emission data, VMT data, and vehicle speed data; a description of the geographical area to which the data apply; identification of the location at which the data will be collected; and the time periods during which the data will be collected. (e) The quarterly reports specifie… |
| 40:40:3.0.1.1.1.4.1.23 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.141 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.142 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.143 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.144 | § 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. (b) Regulation for preventing significant deterioration of air quality. The provisions of § 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. (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 § 52.21(b)(49)(i)). Therefore, the provisions of § 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 § 52.21(b)(49)(iv). |
| 40:40:3.0.1.1.1.4.1.27 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.145 | § 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. (b) Regulations for visibility new source review. The provisions of § 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 § 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. (c)-(d) [Reserved] (e) Approval. On February 28, 2011, the Arizona Department of Environmental Quality submitted the “Arizona State Implementation Plan, Regional Haze Under Section 308 of the Federal Regional Haze Rule” (“Arizona Regional Haze SIP”). (1) [Reserved] (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: (i) The determination that Unit I4 at TEP's Irvington [Sundt] Generating Station is not BART-eligible; (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. (f) [Reserved] (g) On May 3, 2013, the Arizona Department of Environmental Quality (ADEQ) submitted the “Arizona State Implementation Plan Revision, Regional Haze Under Section 308 of the Federal Regional Haze Rule” (“Arizona Regional Haze SIP Supplement”). (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 an… |
| 40:40:3.0.1.1.1.4.1.28 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.146 | § 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. (b) The Arizona Department of Environmental Quality has committed to comply with the PM-10 Group II State Implementation Plan (SIP) requirements for Casa Grande, Show Low, Safford, Flagstaff and Joseph City as provided in the PM-10 Group II SIPs for these areas. (c) On December 28, 1988, the Governor's designee for Arizona submitted a revision to the State Implementation Plan (SIP) for Ajo, that contains commitments from the Director of the Arizona Department of Environmental Quality, for implementing all of the required activities including monitoring, reporting, emission inventory, and other tasks that may be necessary to satisfy the requirements of the PM-10 Group II SIPs. (d) The Arizona Department of Environmental Quality has committed to comply with the PM-10 Group II State Implementation Plan (SIP) requirements. |
| 40:40:3.0.1.1.1.4.1.29 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.147 | § 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. (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. (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. (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. (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. (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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.121 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.150 | § 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 § 52.21(a). (b) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the Yavapai-Apache Indian Reservation is designated as a Class I area for the purposes of preventing significant deterioration of air quality. |
| 40:40:3.0.1.1.1.4.1.31 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.151 | § 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—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.152 | § 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 “The State of Arizona Air Pollution Control Implementation Plan” and all revisions submitted by the State of Arizona that were federally approved prior to June 30, 2016. (b) The plan was officially submitted on January 28, 1972. (1) Arizona State Department of Health. (i) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted without replacement: Arizona Revised Statutes section 36-1700 (“Declaration of Policy”) (c) The plan revisions listed below were submitted on the dates specified. (1) Letter of intent to revise plan submitted on March 1, 1972, by the Arizona State Board of Health. (2) Letter of intent to revise plan submitted on March 2, 1972, by the Governor. (3) Revised implementation plan submitted on May 30, 1972, by the Governor. (i) Maricopa County Bureau of Air Pollution Control. (A) Previously approved on July 27, 1972 and now deleted without replacement Rules 60 to 67. (ii) Arizona State Department of Health. (A) Previously approved on July 27, 1972 in paragraph (c)(3) of this section and now deleted without replacement: Chapter 2 (“Legal Authority”), Section 2.9 (“Jurisdiction over Indian lands”); Arizona Revised Statutes sections 36-1700 (“Declaration of Policy”) and 36-1801 (“Jurisdiction over Indian Lands”); and Arizona State Department of Health, Rules and Regulations for Air Pollution Control 7-1-4.3 (“Sulfite Pulp Mills”) and 7-1-9.1 (“Policy and Legal Authority”). (4) Transportation control plan submitted on April 11, 1973, by the Governor. (5) Amendments (Non-regulatory) to the transportation control plan submitted on May 10, 1973, by the Governor. (6) Arizona Air Pollution Control Regulations (numbers in parentheses indicate recodification of regulations as identified in the Arizona State Implementation Plan Semi-Annual Report submitted to EPA on September 4, 1975). 7-1-1.1 (R9-3-101) (Policy and Legal Authority) 7-1-1.3 (R9-3-103) (Air Pollution Prohibited) 7-1-1.5 (R9-3-105) (Enforcement) 7-1-4… |
| 40:40:3.0.1.1.1.4.1.33 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.153 | § 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. (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. (c) [Reserved] |
| 40:40:3.0.1.1.1.4.1.4 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.122 | § 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. (1) Maricopa County Environmental Services Department. (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. (ii) Fiberglass Boat Manufacturing was adopted on March 24, 2004 and submitted on April 21, 2004. (2) Pinal County Air Quality Control District. (i) The following negative declarations for the 2008 ozone NAAQS were adopted on November 30, 2016 and submitted on February 3, 2017. (ii) The following negative declarations for the 2008 ozone NAAQS were adopted on August 5, 2020 and submitted on August 20, 2020. (3) Maricopa County Air Quality Department. (i) The following negative declarations for the 2008 ozone NAAQS were adopted by the Maricopa County Air Quality Department. (ii) [Reserved] (4) Arizona Department of Environmental Quality (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. (ii) [Reserved] (b) [Reserved] |
| 40:40:3.0.1.1.1.4.1.5 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | D | Subpart D—Arizona | 52.123 | § 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. (b) With the exception set forth in §§ 52.130 and 52.135, the Administrator approves the inspection and maintenance (I/M) program for motor vehicles; the carpool matching program; certain transit improvements; and certain traffic flow improvement and site-specific traffic control measures. (c) With the exceptions set forth in this subpart, the Administrator approves the plan with respect to Part D, Title I of the Clean Air Act, as amended in 1977, for the nonattainment areas listed in this paragraph. (1) For TSP, the portion of the Tucson TSP Air Planning Area falling both within the area described by connecting the geographic points in the order listed below in this paragraph and within the townships and sections described below in this paragraph: Latitude 32°38.5′ N, Longitude 111°24.0′ W Latitude 32°26.5′ N, Longitude 110°47.5′ W Latitude 32°12.5′ N, Longitude 110°32.5′ W Latitude 31°49.5′ N, Longitude 110°25.5′ W Latitude 31°42.0′ N, Longitude 110°50.5′ W Latitude 31°52.5′ N, Longitude 111°12.5′ W Latitude 31°24.5′ N, Longitude 111°29.0′ W Latitude 32°38.5′ N, Longitude 111°24.0′ W Latitude 32°26.5′ N, Longitude 110°47.5′ W Latitude 32°12.5′ N, Longitude 110°32.5′ W Latitude 31°49.5′ N, Longitude 110°25.5′ W Latitude 31°42.0′ N, Longitude 110°50.5′ W Latitude 31°52.5′ N, Longitude 111°12.5′ W Latitude 31°24.5′ N, Longitude 111°29.0′ W (and return to initial point) T9S, R9-11E T10S, R9-13E T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only) T13S, R14E: sections 19-21, 26-35 T14S, R13E: sections 1-3, 10-14, 23-25 T14S, R14E: sections 3-9, 17-19, 30 T17S, R19E T18S, R19E T20S, R14-15E T9S, R9-11E T10S, R9-13E T13S, R13E: sections 5, 8-10, 13-17, 20-28, 33-36, 6 (NE and SE quarters only) and 7 (NE and SE quarters only) T13S, R14E: sections 19-21, 26-35 T14S, R… |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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agency TEXT,
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source_citation TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);