cfr_sections
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1,106 rows where part_number = 52 and title_number = 40 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 Definitions. | EPA | [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 Prevention of air pollution emergency episodes. | EPA | [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 Source surveillance. | EPA | [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 Air quality surveillance; resources; intergovernmental cooperation. | EPA | 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 State ambient air quality standards. | EPA | 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 Public availability of plans. | EPA | 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 Submission to Administrator. | EPA | [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 Severability of provisions. | EPA | [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 Abbreviations. | EPA | [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 Attainment dates for national standards. | EPA | [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 Prevention of significant deterioration of air quality. | EPA | [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 Introduction. | EPA | [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 Violation and enforcement. | EPA | [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 Statutory restriction on new sources. | EPA | [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 [Reserved] | EPA | |||||
| 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 Protection of visibility from sources in attainment areas. | EPA | [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 Protection of visibility from sources in nonattainment areas. | EPA | [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 [Reserved] | EPA | |||||
| 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 Criteria for limiting application of sanctions under section 110(m) of the Clean Air Act on a statewide basis. | EPA | [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 Selection of sequence of mandatory sanctions for findings made pursuant to section 179 of the Clean Air Act. | EPA | [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 Sanctions following findings of SIP inadequacy. | EPA | [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 Compliance certifications. | EPA | [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 Classification of regions. | EPA | 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 Action on petitions submitted under section 126 relating to emissions of nitrogen oxides. | EPA | [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 What are the requirements of the Federal Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to emissions of nitrogen oxides? | EPA | [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 What are the requirements of the Federal Implementation Plans (FIPs) for the Clean Air Interstate Rule (CAIR) relating to emissions of sulfur dioxide? | EPA | [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 [Reserved] | EPA | |||||
| 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 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 | [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 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 | [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 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 | [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 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 | [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 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 | [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 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 | [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 Public availability of emission data. | EPA | 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 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 | [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 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 | [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 What are the requirements of the Federal Implementation Plans (FIPs) relating to ozone season emissions of nitrogen oxides from Municipal Waste Combustors? | EPA | [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 Legal authority. | EPA | [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 Control strategies. | EPA | [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 Rules and regulations. | EPA | 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 Compliance schedules. | EPA | [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 Review of new sources and modifications. | EPA | [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. | |||
| 40:40:3.0.1.1.1.10.1.1 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.470 Identification of plan. | EPA | [63 FR 67417, Dec. 7, 1998] | (a) Purpose and scope. This section sets forth the applicable State implementation plan for the District of Columbia under section 110 of the Clean Air Act (42 U.S.C. 7401) and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to May 14, 2018, 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 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 the EPA approval dates after May 14, 2018 for the District of Columbia, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region III 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) of this section. No additional revisions were made to paragraph (d) of this section between July 1, 2016 and May 14, 2018. (3) Copies of the materials incorporated by reference into the State implementation plan may be inspected at the Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. To obtain the material, please call the Regional Office at (215) 814-3376. You may also inspect the material with an EPA approval date prior to July 1, 2016 for the District of Columbia 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. EPA-Approved Regulations and Statutes in the District of Columbia SIP (d) EPA-approved State source-specific re… | |||
| 40:40:3.0.1.1.1.10.1.10 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.479 Source-specific requirements. | EPA | [85 FR 10300, Feb. 24, 2020] | (a) Approval of source-specific requirements for the Blue Plains Advanced Wastewater Treatment Plant includes EPA incorporating by reference into § 52.470(d) certain redacted portions of Permit No. 6372-C2/0 approved by the District of Columbia on April 20, 2018 to Construct and Operate New Biosolids Handling Facilities issued to the District of Columbia Water and Sewer Authority and as approved on March 25, 2020. (1) Specifically, EPA is incorporating by reference into § 52.470(d) certain portions of Permit No. 6372-C2/O to Construct and Operate New Biosolids Handling Facilities issued to District of Columbia Water and Sewer Authority as redacted by the District of Columbia: (i) The first paragraph citing the pertinent permitting regulations and listing (redacted) the following significant components: One (1) Auxiliary Boiler (AB) rated at 62.52 mmBTU per hour (HHV) heat input, firing DG, One (1) Siloxane Destruction Flare (SF) rated at 6.14 MMBTU per hour heal input, firing DG; and Two (2) Emergency Flares rated at 126 mmBTU per hour heat input each, firing DG. (ii) The NO X emissions limits listed in the table found in permit condition “j.” for the Auxiliary Boiler (AB), Siloxane Destruction Flare (SF) and Two (2) Emergency Flares. The hourly NO X emission limits for the Auxiliary Boiler (AB), Siloxane Destruction Flare (SF) and Two (2) Emergency Flares listed in Table 2 (as redacted) found under Condition III. (iii) Conditions III.b.1.A.; III.b.3. A. and B.; III.b.3. C.i., iii and iv.; III.b.3.D.; III.b.3.E. except that relating to carbon monoxide/CO; III.b.3.F. except “and CO”; III.b.3.G, iv. and v. except the provision “Failure to demonstrate compliance through the testing may result in enforcement action.”; III.b.4.A.; III.b.4.B. iv. and v.; III.b.5. as redacted to strike “in addition to complying with Condition II(f)”; III.d., III.d.1.A; III.d.2.D; III.d.3.A. only the portion “Within 60 days of initial startup and once every five years thereafter, the Permittee shall conduct a Department- approved c… | |||
| 40:40:3.0.1.1.1.10.1.11 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.480 Photochemical Assessment Monitoring Stations (PAMS) Program. | EPA | [60 FR 47084, Sept. 11, 1995] | On January 14, 1994 the District of Columbia's Department of Consumer and Regulatory Affairs submitted a plan for the establishment and implementation of a Photochemical Assessment Monitoring Stations (PAMS) Program as a state implementation plan (SIP) revision, as required by section 182(c)(1) of the Clean Air Act. EPA approved the Photochemical Assessment Monitoring Stations (PAMS) Program on September 11, 1995 and made it part of the District of Columbia SIP. As with all components of the SIP, the District of Columbia must implement the program as submitted and approved by EPA. | |||
| 40:40:3.0.1.1.1.10.1.12 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | §§ 52.481-52.483 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.10.1.13 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.484 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides? | EPA | [72 FR 62345, Nov. 2, 2007, as amended at 76 FR 48362, Aug. 8, 2011; 79 FR 71671, Dec. 3, 2014] | (a)(1) The owner and operator of each source located within the District of Columbia and for which requirements are set forth under the Federal CAIR NO X Annual Trading Program in subparts AA through II of part 97 of this chapter must comply with such applicable requirements. The obligation to comply with these requirements in part 97 of this chapter will be eliminated by the promulgation of an approval by the Administrator of a revision to the District of Columbia State Implementation Plan (SIP) as meeting the requirements of CAIR for PM 2.5 relating to NO X under § 51.123 of this chapter, except to the extent the Administrator's approval 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 District of Columbia's SIP, the Administrator has already allocated CAIR NO X allowances to sources in the District of Columbia 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 provision that provides for the allocation of the remaining CAIR NO X allowances for those years. (b)(1) The owner and operator of each NO X source located within the District of Columbia and for which requirements are set forth under the Federal CAIR NO X Ozone Season Trading Program in subparts AAAA through IIII of part 97 of this chapter must comply with such applicable requirements. The obligation to comply with these requirements in part 97 of this chapter will be eliminated by the promulgation of an approval by the Administrator of a revision to the District of Columbia State Implementation Plan (SIP) as meeting the requirements of CAIR for ozone relating to NO X under § 51.123 of this chapter, except to the extent the Administrator's approval is partial or conditional or unless such approval is under § 51.123(ee) of this ch… | |||
| 40:40:3.0.1.1.1.10.1.14 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.485 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide? | EPA | [72 FR 62345, Nov. 2, 2007, as amended at 76 FR 48362, Aug. 8, 2011; 79 FR 71671, Dec. 3, 2014] | (a) The owner and operator of each SO 2 source located within the District of Columbia and for which requirements are set forth under the Federal CAIR SO 2 Trading Program in subparts AAA through III of part 97 of this chapter must comply with such applicable requirements. The obligation to comply with these requirements in part 97 of this chapter will be eliminated by the promulgation of an approval by the Administrator of a revision to the District of Columbia State Implementation Plan as meeting the requirements of CAIR for PM 2.5 relating to SO 2 under § 51.124 of this chapter, except to the extent the Administrator's approval is partial or conditional or unless such approval is under § 51.124(r) of this chapter. (b) Notwithstanding any provisions of paragraph (a) of this section and subparts AAA through III of part 97 of this chapter and any State's SIP to the contrary: (1) With regard to any control period that begins after December 31, 2014, (i) The provisions of paragraph (a) of this section relating to SO 2 emissions shall not be applicable; and (ii) The Administrator will not carry out any of the functions set forth for the Administrator in subparts AAA through III of part 97 of this chapter; and (2) The Administrator will not deduct for excess emissions any CAIR SO 2 allowances allocated for 2015 or any year thereafter. | |||
| 40:40:3.0.1.1.1.10.1.15 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | §§ 52.486-52.498 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.10.1.16 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.499 Significant deterioration of air quality. | EPA | [43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003] | (a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality. (b) Regulations for preventing significant deterioration of air quality. The provisions of § 52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the District of Columbia. | |||
| 40:40:3.0.1.1.1.10.1.17 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.510 Small business assistance program. | EPA | [59 FR 42168, Aug. 17, 1994] | On October 22, 1993, the Administrator of the District of Columbia Environmental Regulation Administration submitted a plan for the establishment and implementation of a Small Business Technical and Environmental Compliance Assistance Program as a state implementation plan revision (SIP), as required by title V of the Clean Air Act. EPA approved the Small Business Technical and Environmental Compliance Assistance Program on August 17, 1994 and made it part of the District of Columbia SIP. As with all components of the SIP, the District of Columbia must implement the program as submitted and approved by EPA. | |||
| 40:40:3.0.1.1.1.10.1.18 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.515 Original identification of plan section. | EPA | [78 FR 33984, June 6, 2013] | (a) This section identifies the original “Air Implementation Plan for the District of Columbia” and all revisions submitted by the District of Columbia that were federally approved prior to July 1, 1998. 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) edition revised as of July 1, 2012. (b) [Reserved] | |||
| 40:40:3.0.1.1.1.10.1.2 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.471 Classification of regions. | EPA | [37 FR 10857, May 31, 1972, as amended at 39 FR 16346, May 8, 1974; 46 FR 61263, Dec. 16, 1981] | The District of Columbia plan was evaluated on the basis of the following classifications: | |||
| 40:40:3.0.1.1.1.10.1.3 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.472 Approval status. | EPA | [38 FR 33709, Dec. 6, 1973, as amended at 46 FR 61263, Dec. 16, 1981; 57 FR 34251, Aug. 4, 1992; 60 FR 5136, Jan. 26, 1995; 60 FR 15486, Mar. 24, 1995; 61 FR 2936, Jan. 30, 1996; 78 FR 33984, June 6, 2013] | (a) With the exceptions set forth in this subpart, the Administrator approves the District of Columbia's plan for the attainment and maintenance of the national standards. (b) [Reserved] (c) With the exceptions set forth in this subpart, the Administrator approves the District of Columbia's plan for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds that the plan satisfies all requirements of Part D, Title 1, of the Clean Air Act as amended in 1977. (d) Section 710 of title 20 of the District of Columbia Regulations is approved with the following condition: Any alternative controls or exemptions under section 710.8 approved or granted by the District of Columbia are subject to a public notice and public hearing requirements and must be submitted to EPA as SIP revisions. Such alternatives or exemptions are not effective until approved as SIP revisions by EPA. (e)-(f) [Reserved] | |||
| 40:40:3.0.1.1.1.10.1.4 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.473 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.10.1.5 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.474 Base Year Emissions Inventory. | EPA | [61 FR 2936, Jan. 30, 1996, as amended at 62 FR 19679, Apr. 23, 1997; 63 FR 36858, July 8, 1998; 76 FR 58118, Sept. 20, 2011; 77 FR 65631, Oct. 30, 2012; 80 FR 27258, May 13, 2015; 80 FR 43628, July 23, 2015] | (a) EPA approves as a revision to the District of Columbia Implementation Plan the 1990 base year emission inventory for the Washington Metropolitan Statistical Area, submitted by Director, District of Columbia Consumer and Regulatory Affairs, on January 13, 1994 and October 12, 1995. This submittal consist of the 1990 base year stationary, area and off-road mobile and on-road mobile emission inventories in the Washington Statistical Area for the pollutant, carbon monoxide (CO). (b) EPA approves as a revision to the District of Columbia State Implementation Plan the 1990 base year emission inventory for the District's portion of the Metropolitan Washington DC ozone nonattainment area submitted by the Director, DCRA, on January 13, 1994. This submittal consists of the 1990 base year point, area, highway mobile, non-road and biogenic source emission inventories in the area for the following pollutants: Volatile organic compounds (VOC), carbon monoxide (CO), and oxides of nitrogen (NO X ). (c) EPA approves as a revision to the District of Columbia State Implementation Plan an amendment to the 1990 base year emission inventories for the District's portion of the Metropolitan Washington, D.C. ozone nonattainment area submitted by the Director, Department of Consumer and Regulatory Affairs, on November 3, 1997. This submittal consists of amendments to the 1990 base year point, area, highway mobile, and non-road source emission inventories in the area for the following pollutants: volatile organic compounds (VOC), and oxides of nitrogen (NO X ). (d) EPA approves as a revision to the District of Columbia State Implementation Plan the 2002 base year emissions inventories for the Washington DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Acting Director of the District of Columbia Department of the Environment on June 12, 2007. This submittal consists of the 2002 base year point, area, non-road mobile, and on-road mobile source inventories in area for the following pollutants: volatile organic co… | |||
| 40:40:3.0.1.1.1.10.1.6 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.475 Determinations of attainment. | EPA | [77 FR 1413, Jan. 10, 2012, as amended at 77 FR 11741, Feb. 28, 2012; 82 FR 52655, Nov. 14, 2017; 90 FR 14735, Apr. 4, 2025] | (a) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, EPA determined that the Metropolitan Washington, District of Columbia-Maryland-Virginia (DC-MD-VA) fine particle (PM 2.5 ) nonattainment area attained the 1997 annual PM 2.5 National Ambient Air Quality Standard (NAAQS) by the applicable attainment date of April 5, 2010. Therefore, EPA has met the requirement pursuant to CAA section 179(c) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Metropolitan Washington, DC-MD-VA nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d). (b) Based upon EPA's review of the air quality data for the 3-year period 2007 to 2009, Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2010. Therefore, EPA has met the requirement pursuant to CAA section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Washington, DC-MD-VA moderate nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A). (c) Based upon EPA's review of the air quality data for the 3-year period 2013 to 2015, the Washington, DC-MD-VA marginal ozone nonattainment area has attained the 2008 8-hour ozone national ambient air quality standard (NAAQS) by the applicable attainment date of July 20, 2016. Therefore, EPA has met the requirement pursuant to Clean Air Act section 181(b)(2)(A) to determine, based on the area's air quality as of the attainment date, whether the area attained the standard. EPA also determined that the Washington, DC-MD-VA marginal nonattainment area will not be reclassified for failure to attain by its applicable attainment date pursuant to section 181(b)(2)(A). (d) Based upon EPA's review of the ambient air qual… | |||
| 40:40:3.0.1.1.1.10.1.7 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.476 Control strategy: ozone. | EPA | [64 FR 42602, Aug. 5, 1999, as amended at 66 FR 631, Jan. 3, 2001; 69 FR 43522, July 21, 2004; 73 FR 43361, July 25, 2008; 76 FR 58118, Sept. 20, 2011; 77 FR 11741, Feb. 28, 2012; 80 FR 19218, Apr. 10, 2015; 84 FR 15115, Apr. 15, 2019; 89 FR 80747, Oct. 4, 2024; 90 FR 14735, Apr. 4, 2025] | (a) EPA approves as a revision to the District of Columbia State Implementation Plan the 15 Percent Rate of Progress Plan for the District of Columbia's portion of the Metropolitan Washington, D.C. ozone nonattainment area, submitted by the Director of the District of Columbia Department of Health on April 16, 1998. (b)-(c) [Reserved] (d) Based upon EPA's review of the air quality data for the 3-year period 2003 to 2005, EPA has determined that the Washington severe 1-hour ozone nonattainment area attained the 1-hour ozone NAAQS by the applicable attainment date of November 15, 2005. EPA also has determined that the Washington severe 1-hour ozone nonattainment area is not subject to the imposition of the section 185 penalty fees. (e) EPA approves revisions to the District of Columbia State Implementation Plan consisting of the 2008 reasonable further progress (RFP) plan, reasonably available control measures, and contingency measures for the Washington DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Acting Director of the District of Columbia Department of the Environment on June 12, 2007. (f) EPA approves the following 2008 RFP motor vehicle emissions budgets (MVEBs) for the Washington, DC-MD-VA 1997 8-hour ozone moderate nonattainment area submitted by the Director of the Virginia Department of Environment Quality on June 12, 2007: Transportation Conformity Emissions Budgets for the Washington, DC-MD-VA Area (g) EPA has determined, as of February 28, 2012, that based on 2007 to 2009 and 2008 to 2010 ambient air quality data, the Washington, DC-MD-VA moderate nonattainment area has attained the 1997 8-hour ozone National Ambient Air Quality Standard (NAAQS). This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as this area co… | |||
| 40:40:3.0.1.1.1.10.1.8 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.477 Control strategy: Particular matter. | EPA | [79 FR 60084, Oct. 6, 2014] | (a) Determination of Attainment. EPA has determined, as of January 12, 2009, that the District of Columbia portion of the Metropolitan Washington, DC-MD-VA nonattainment area for the 1997 PM 2.5 NAAQS has attained the 1997 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 and associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment of the standard for as long as the area continues to attain the 1997 PM 2.5 NAAQS. (b) Maintenance Plan and Transportation Conformity Budgets. EPA approves the maintenance plan for the District of Columbia portion of the Washington, DC-MD-VA nonattainment area for the 1997 annual PM 2.5 NAAQS submitted by the District of Columbia for the entire Area on June 3, 2013 and supplemented on July 22, 2013. The MVEBs are based on a tiered approach: Tier 1 MVEBs are effective as EPA has determined them adequate for transportation conformity purposes; Tier 2 mobile budgets will become effective upon the completion of the interagency consultation process and fully documented within the first conformity analysis that uses the Tier 2 MVEBs. Washington, DC-MD-VA PM 2.5 Area's Tier 1 Motor Vehicle Emissions Budgets for the 1997 Annual PM 2.5 NAAQS, (tpy) Washington, DC-MD-VA PM 2.5 Area's Tier 2 Motor Vehicle Emissions Budgets for the 1997 Annual PM 2.5 NAAQS, (tpy) | |||
| 40:40:3.0.1.1.1.10.1.9 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | J | Subpart J—District of Columbia | § 52.478 Rules and Regulations. | EPA | [64 FR 57781, Oct. 27, 1999, as amended at 78 FR 24997, Apr. 29, 2013] | (a) On April 8, 1993, the District of Columbia submitted a letter to EPA declaring that there are no sources located in the District belonging to the following VOC categories: (1) Automobile and light-duty truck manufacturing; (2) Coating of cans, coils, paper, fabric and vinyl, metal furniture, large appliances, magnet wire, miscellaneous metal parts and products, and flatwood paneling; (3) Storage of petroleum liquids in fixed-roof tanks and external floating-roof tanks; (4) Bulk gasoline plants and terminals; (5) Petroleum refinery sources; (6) Petroleum refinery equipment leaks; (7) Manufacture of synthesized pharmaceutical products, pneumatic rubber tires, vegetable oil, synthetic organic chemicals (fugitive VOCs and air oxidation), and high density polyethylene, polypropylene and polystyrene resins; (8) Graphic arts systems; (9) Storage, transportation and marketing of VOCs (fugitive VOCs from oil and gas production and natural gas and gasoline processing). (b) On September 4, 1997, the District of Columbia submitted a letter to EPA declaring that there are no sources located in the District which belong to the following VOC categories: (1) Coating of plastic parts (business machines and other); (2) Aerospace; (3) Shipbuilding and repair; (4) Automobile refinishing; (5) Industrial wastewater; (6) Distillation or reactor or batch processes in the synthetic organic chemical manufacturing industry; (7) Volatile organic storage; (8) Wood furniture coatings; (9) Offset lithography; (10) Clean-up solvents. (c) On March 24, 2011, the District of Columbia submitted a letter to EPA declaring that there are no sources located in the District which belong to the following VOC categories: (1) Auto and Light-duty Truck Assembly Coatings; (2) Fiberglass Boat Manufacturing Materials; (3) Paper, Film and Foil Coatings; (4) Flatwood Paneling. | |||
| 40:40:3.0.1.1.1.11.1.1 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.519 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.11.1.10 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.528 Control strategy: Sulfur oxides and particulate matter. | EPA | [48 FR 33868, July 26, 1983, as amended at 54 FR 25455, June 15, 1989] | (a) In a letter dated October 10, 1986, the Florida Department of Environmental Regulation certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. (b) The variance granted to the Turkey Point and Port Everglades plants of Florida Power and Light Company from the particulate emission limits of the plan is disapproved because the relaxed limits would cause violation of the Class I increment for sulfur dioxide in the Everglades National Park. These plants must meet the 0.1#/MMBTU particulate limit of the plan. | |||
| 40:40:3.0.1.1.1.11.1.11 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.529 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.11.1.12 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.530 Significant deterioration of air quality. | EPA | [45 FR 52741, Aug. 7, 1980, as amended at 46 FR 17020, Mar. 17, 1981; 48 FR 52716, Nov. 22, 1983; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003; 72 FR 29276, May 25, 2007; 73 FR 36442, June 27, 2008; 74 FR 55143, Oct. 27, 2009; 79 FR 28612, May 19, 2014] | (a) EPA approves the Florida Prevention of Significant Deterioration program, as incorporated into this chapter, for power plants subject to the Florida Power Plant Siting Act. (b) Pursuant to part C, subpart 1 of the Clean Air Act, EPA is approving a December 19, 2013 SIP revision submitted by the State of Florida, through the Florida Department of Environmental Protection (FDEP), Division of Air Resource Management that establishes prevention of significant deterioration (PSD) applicability thresholds for greenhouse gas (GHG) emissions at the same emissions thresholds and in the same timeframes as those specified by EPA in the GHG Tailoring Rule. This approval gives FDEP the authority to regulate GHG-emitting sources and issue GHG PSD permits. FDEP's December 19, 2013 SIP revision also includes a GHG PSD Permit Transition Plan which governs the transition from EPA administering GHG PSD permitting requirements for Florida sources under a Federal Implementation Plan (FIP) to the State administering GHG PSD permitting requirements under its approved SIP. Under this GHG PSD Permit Transition Plan, FDEP will administer and enforce GHG PSD permits issued by EPA to Florida sources under the GHG PSD FIP. FDEP's authority over these existing EPA-issued GHG PSD permits includes the authority for FDEP to conduct general administration of these existing permits, authority to process and issue any and all subsequent permit actions relating to such permits, and authority to enforce such permits. (c) All applications and other information required pursuant to § 52.21 of this part from sources located in the State of Florida shall be submitted to the State agency, Florida Department of Environmental Protection, Division of Air Resources Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400, rather than to EPA's Region 4 office. (d) The requirements of sections 160 through 165 of the Clean Air Act are not met since the Florida plan, as submitted, does not apply to certain sources. Therefore, the provisi… | |||
| 40:40:3.0.1.1.1.11.1.13 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.532 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.11.1.14 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.533 Source surveillance. | EPA | [47 FR 32116, July 26, 1982] | The plan lacks test methods for several source categories. As required by § 52.12(c)(1) of this part, EPA test methods (found at 40 CFR part 60) will be used by EPA to determine compliance with the following emission limiting standards: (a) Particulate emissions from citrus plants controlled by a scrubber and subject to the process weight table (submitted as 17-2.05(2) and reformatted as 17-2.610(1)1.a). (b) TRS emissions from recovery furnaces at kraft pulp mills (submitted as 17-2.05(6)D and reformatted as 17-2.600(4)1). (c) Sulfur dioxide emissions from fossil fuel steam sources (submitted as 17-2.05(6)E and reformatted as 17-2.600 (5) and (6)). (d) Emissions from portland cement plants (submitted as 17-2.05(6)F and reformatted as 17-2.600(7)). (e) Particulate and visible emissions from carbonaceous fuel burning equipment (submitted as 17-2.05(6)I and reformatted as 17-2.600(10)). | |||
| 40:40:3.0.1.1.1.11.1.15 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.534 Visibility protection. | EPA | [51 FR 5505, Feb. 13, 1986] | (a) The requirements of section 169A of the Clean Air Act are not met because the plan does not include approvable procedures meeting the requirements of 40 CFR 51.305 and 51.307 for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility new source review. The provisions of § 52.28 are hereby incorporated and made part of the applicable plan for the State of Florida. | |||
| 40:40:3.0.1.1.1.11.1.16 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.536 Original identification of plan section. | EPA | [79 FR 30050, May 27, 2014] | (a) This section identified the original “Air Implementation Plan for the State of Florida” and all revisions submitted by Florida that were federally approved prior to July 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] | |||
| 40:40:3.0.1.1.1.11.1.17 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.540 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides? | EPA | [76 FR 48362, Aug. 8, 2011, as amended at 81 FR 74594, Oct. 26, 2016] | (a) The owner and operator of each source and each unit located in the State of Florida and Indian country within the borders of the State and for which requirements are set forth under the CSAPR NO X Ozone Season Group 1 Trading Program in subpart BBBBB of part 97 of this chapter must comply with such requirements with regard to emissions occurring in 2015 and 2016. (b) [Reserved] | |||
| 40:40:3.0.1.1.1.11.1.2 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.520 Identification of plan. | EPA | [64 FR 32348, June 16, 1999] | (a) Purpose and scope. This section sets forth the applicable State implementation plan for Florida under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to August 31, 2022, for Florida was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after August 31, 2022, for Florida will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region 4 certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State Implementation Plan as of the dates referenced in paragraph (b)(1). (3) Copies of the materials incorporated by reference may be inspected at the Region 4 EPA Office at 61 Forsyth Street SW, Atlanta, GA 30303. To obtain the material, please call (404) 562-9022. You may inspect the material with an EPA approval date prior to August 31, 2022, for Florida 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: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (c) EPA-approved Florida laws and regulations. EPA-Approved Florida Laws and Regulations (d) EPA-approved Florida Source-Specific requirements. EPA-Approved Florida Source-Specific Requirements (e) EPA-approved Florida non-regulatory provisions. EPA-Approved Florida Non-Regulatory Provisions | |||
| 40:40:3.0.1.1.1.11.1.3 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.521 Classification of regions. | EPA | [37 FR 10858, May 31, 1972, as amended 39 FR 16346, May 8, 1974] | The Florida plan was evaluated on the basis of the following classifications: | |||
| 40:40:3.0.1.1.1.11.1.4 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.522 Approval status. | EPA | [45 FR 17143, Mar. 18, 1980, as amended at 78 FR 65561, Nov. 1, 2013; 79 FR 30050, May 27, 2014; 86 FR 35610, July 7, 2021] | (a) With the exceptions set forth in this subpart, the Administrator approves Florida'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. (b) [Reserved] | |||
| 40:40:3.0.1.1.1.11.1.5 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.523 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.11.1.6 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.524 Compliance schedule. | EPA | [79 FR 30050, May 27, 2014] | (a) 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) [Reserved] | |||
| 40:40:3.0.1.1.1.11.1.7 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.525 General requirements. | EPA | [39 FR 34536, Sept. 26, 1974, as amended at 40 FR 55328, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986] | (a) The requirements of § 51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate. (b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan. (2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31. (3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted. (4) Emission data … | |||
| 40:40:3.0.1.1.1.11.1.8 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.526 Legal authority. | EPA | [39 FR 34536, Sept. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986] | (a) The requirements of § 51.230(f) of this chapter are not met, since section 403.111 of the Florida Statutes could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, section 403.111 is disapproved. | |||
| 40:40:3.0.1.1.1.11.1.9 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | K | Subpart K—Florida | § 52.527 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.12.1.1 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.569 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.12.1.10 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.579 Economic feasibility considerations. | EPA | [39 FR 34536, Sept. 26, 1974] | Section 88-906(h), (i), (k), (o) and (q) of the Georgia Code is disapproved, since consideration of economic feasibility could, in some cases, conflict, with the requirements of the Act that primary standards be attained as expeditiously as practicable, but in no case later than July 1975. | |||
| 40:40:3.0.1.1.1.12.1.11 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.580 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.12.1.12 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.581 Significant deterioration of air quality. | EPA | [77 FR 23398, Apr. 19, 2012] | (a) All applications and other information required pursuant to § 52.21 of this part from sources located in the State of Georgia shall be submitted to the State agency, Georgia Department of Natural Resources, Environmental Protection Division, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354 rather than to EPA's Region 4 office. (b) [Reserved] | |||
| 40:40:3.0.1.1.1.12.1.13 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.582 Control strategy: Ozone. | EPA | [59 FR 46178, Sept. 7, 1994, as amended at 63 FR 23390, Apr. 29, 1998; 63 FR 34302, June 24, 1998; 64 FR 4570, Jan. 29, 1999; 76 FR 36875, June 23, 2011; 81 FR 45421, July 14, 2016] | (a) Approval—The Administrator approves the incorporation of the photochemical assessment ambient monitoring system submitted by Georgia on November 8, 1993, into the Georgia State Implementation Plan. This submittal satisfies 40 CFR 58.20(f) which requires the State to provide for the establishment and maintenance of photochemical assessment monitoring stations (PAMS). (b) On August 29, 1997, Harold F. Reheis, Director, Georgia Department of Natural Resources submitted to John Hankinson, Regional Administrator, United States Environmental Protection Agency Region IV, a State Implementation Plan revision including the following transportation control measures. (1) HOV Lane —This project referred to as AR 073B is the addition of HOV lanes on I-85 from Chamblee-Tucker Road to State Route 316. (2) Ridershare Program —This project is referred to as AR-220 and is a lump sum eligible to all colleges and universities with the 10 county ARC region. (3) Transportation Management Associations —Referred to as project AR 221 is to set up a “pot” of funds set aside specially to assist in the development of transportation management associations and start-up ridershare services in the areas that are considered to be highly congested throughout the Region. (4) MARTA Transit Incentives Program —This project is referred to as AR-231. (5) Alternative Fuel Refueling Station/Park and Ride Transportation Center —This project is referred to as DO-AR-211. (c) EPA is giving final interim approval to the Georgia Inspection and Maintenance (I/M) Program submitted on March 27, 1996, with supplemental information submitted on January 31, 1997, until November 11, 1999. (d) Determination of attaining data. EPA has determined, as of June 23, 2011, the Atlanta, Georgia nonattainment area has attaining data for the 1997 8-hour ozone NAAQS. This determination, in accordance with 40 CFR 51.918, suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonabl… | |||
| 40:40:3.0.1.1.1.12.1.14 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.583 Additional rules and regulations. | EPA | [41 FR 35185, Aug. 20, 1976] | Section 391-3-1-.02(2)(e), Particulate Emissions from Manufacturing Processes, is hereby approved only to the extent that it provides for the establishment, as permit conditions, of emission limits more stringent than those otherwise applicable under the currently approved Georgia regulations. Any application of this regulation which would result in permit provisions less stringent than those otherwise required by the State's regulations must be formally submitted to EPA for prior approval as a plan revision pursuant to section 110(a) of the Clean Air Act. | |||
| 40:40:3.0.1.1.1.12.1.15 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.584 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of nitrogen oxides? | EPA | [76 FR 48363, Aug. 8, 2011, as amended at 81 FR 74586 and 74594, Oct. 26, 2016] | (a)(1) The owner and operator of each source and each unit located in the State of Georgia 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 will be eliminated by the promulgation of an approval by the Administrator of a revision to Georgia'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), except to the extent the Administrator's approval is partial or conditional. (2) Notwithstanding the provisions of paragraph (a)(1) of this section, if, at the time of the approval of Georgia'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 Georgia 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. The obligation to comply with such requirements will be eliminated by the promulgation of an approval by the Administrator of a revision to Georgia's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under § 52.38(b), except to the extent the Administrator's approval is partial or conditional. (2) Notwithstanding the provisions of paragraph (b)(1) of this section, if, at the … | |||
| 40:40:3.0.1.1.1.12.1.16 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.585 Interstate pollutant transport provisions; What are the FIP requirements for decreases in emissions of sulfur dioxide? | EPA | [76 FR 48363, Aug. 8, 2011, as amended at 81 FR 74586, Oct. 26, 2016] | (a) The owner and operator of each source and each unit located in the State of Georgia 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 will be eliminated by the promulgation of an approval by the Administrator of a revision to Georgia's State Implementation Plan (SIP) as correcting the SIP's deficiency that is the basis for the CSAPR Federal Implementation Plan under § 52.39, except to the extent the Administrator's approval is partial or conditional. (b) Notwithstanding the provisions of paragraph (a) of this section, if, at the time of the approval of Georgia'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. | |||
| 40:40:3.0.1.1.1.12.1.17 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.590 Original identification of plan section. | EPA | [79 FR 30050, May 27, 2014] | (a) This section identified the original “Air Implementation Plan for the State of Georgia” and all revisions submitted by Georgia that were federally approved prior to December 1, 1998. 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] | |||
| 40:40:3.0.1.1.1.12.1.2 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.570 Identification of plan. | EPA | [64 FR 27701, May 21, 1999] | (a) Purpose and scope. This section sets forth the applicable State implementation plan for Georgia under section 110 of the Clean Air Act, 42 U.S.C. 7401, and 40 CFR part 51 to meet national ambient air quality standards. (b) Incorporation by reference. (1) Material listed in paragraph (c) of this section with an EPA approval date prior to September 1, 2024, for Georgia 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 September 1, 2024, for Georgia, 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 September 1, 2024, for Georgia 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.html. (c) EPA-approved Georgia regulations. Table 1 to Paragraph ( c )—EPA-Approved Georgia Regulations (d) EPA-approved Georgia source-specific requirements. Table 2 to Paragraph ( d )—EPA-Approved Georgia Source-Specific Requirements (e) EPA-Approved Georgia non-regulatory provisions. EPA-Approved Geor… | |||
| 40:40:3.0.1.1.1.12.1.3 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.571 Classification of regions. | EPA | [37 FR 10859, May 31, 1972, as amended at 39 FR 16346, May 8, 1974] | The Georgia plan was evaluated on the basis of the following classifications: | |||
| 40:40:3.0.1.1.1.12.1.4 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.572 Approval status. | EPA | [76 FR 55577, Sept. 8, 2011, as amended at 81 FR 11445, Mar. 4, 2016] | (a) With the exceptions set forth in this subpart, the Administrator approves Georgia's plans for the attainment and maintenance of the national standards under section 110 of the Clean Air Act. Furthermore, the Administrator finds the plans satisfy all requirements of Part D, Title I, of the Clean Air Act as amended in 1977. (b) Disapproval. Submittal from the State of Georgia, through the Georgia's Department of Natural Resources Environmental Protection Division (EPD) on January 13, 2011, that would allow for the automatic rescission of federal permitting-related requirements in certain circumstances. EPA is disapproving a portion of the SIP submittal related to a provision (at 391-3-1-.02(7)(a)(2)(iv)) that would automatically rescind portions of Georgia's State Implementation Plan in the wake of certain court decisions or other triggering events (the automatic rescission clause). | |||
| 40:40:3.0.1.1.1.12.1.5 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.573 Control strategy: General. | EPA | [49 FR 44464, Nov. 7, 1984] | The generic rules and procedures for emission trades (bubbles), submitted on October 27, 1982, by the Georgia Department of Natural Resources, are disapproved because they do not meet the requirements of the Clean Air Act. | |||
| 40:40:3.0.1.1.1.12.1.6 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | §§ 52.574-52.575 [Reserved] | EPA | |||||
| 40:40:3.0.1.1.1.12.1.7 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.576 Compliance schedules. | EPA | [40 FR 3413, Jan. 22, 1975, as amended at 40 FR 18432, Apr. 28, 1975; 40 FR 42352, Sept. 12, 1975; 51 FR 3778, Jan. 30, 1986; 51 FR 40675, 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989] | (a) [Reserved] (b) The extended compliance schedule for the General Motors Lakewood Assembly Plant submitted on July 30, 1982, is disapproved because the State has failed to show that the schedule would not interfere with the attainment of the ozone standard in the Atlanta nonattainment area. | |||
| 40:40:3.0.1.1.1.12.1.8 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.577 Determination of attainment. | EPA | [76 FR 55575, Sept. 8, 2011, as amended at 76 FR 55577, Sept. 8, 2011; 77 FR 13492, Mar. 7, 2012; 87 FR 60913, Oct. 7, 2022] | (a) 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). (b) Based upon EPA's review of the air quality data for the 3-year period 2007-2009, EPA determined that the Macon, Georgia 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 Macon, Georgia PM 2.5 nonattainment Area is not subject to the consequences of failing to attain pursuant to section 179(d). (c) Based upon EPA's review of the air quality data for the 3-year period 2007-2009, EPA determined that the Rome, Georgia 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 Rome, Georgia PM 2.5 nonattainment area is not subject to the consequences of failing to attain pursuant to section 179(d). (d) Based upon EPA's review of the air quality data for the 3-year period 2008-2010, EPA determined that the Atlanta, Georgia, 1997 8-hour ozone nonattainment Area attained the 1997 8-hour ozone NAAQS by the applicable attainment date of June 15, 2011. Theref… | |||
| 40:40:3.0.1.1.1.12.1.9 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | L | Subpart L—Georgia | § 52.578 Control Strategy: Sulfur oxides and particulate matter. | EPA | [54 FR 40002, Sept. 29, 1989, as amended at 76 FR 18651, Apr. 5, 2011; 76 FR 31241, May 31, 2011; 76 FR 31859, June 2, 2011; 76 FR 43167, July 20, 2011; 76 FR 76622, Dec. 8, 2011] | In a letter dated March 26, 1987, the Georgia Department of Natural Resources certified that no emission limits in the State's plan are based on dispersion techniques not permitted by EPA's stack height rules. This certification does not apply to Georgia Power plants; Hammond (Coosa), McDonough (Smyrna), Arkwright (Macon), Branch (Milledgeville), Wansley (Roopville), Scherer (Juliette), and Yates (Newnan), Savannah Electric Plants McIntosh (Rincon) and Port Wentworth (Port Wentworth); Inland (Rome); Buckeye Cellulose (Oglethorpe); Georgia Kraft (Macon), Union Camp (Savannah); and Stone Container (Savannah). (a) Determination of Attaining Data. EPA has determined, as of April 5, 2011, the Rome, Georgia, 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. (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 2, 2011, the Macon, Georgia, 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, associate… | |||
| 40:40:3.0.1.1.1.13.1.1 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | M | Subpart M—Hawaii | § 52.620 Identification of plan. | EPA | [70 FR 44854, Aug. 4, 2005; 70 FR 49377, Aug. 23, 2005, as amended at 74 FR 11040, Mar. 16, 2009; 74 FR 27710, June 11, 2009; 74 FR 36119, July 22, 2009; 77 FR 24150, Apr. 23, 2012; 77 FR 25086, Apr. 27, 2012; 77 FR 47533, Aug. 9, 2012; 78 FR 11985, Feb. 21, 2013; 79 FR 17870, Mar. 31, 2014; 79 FR 19013, Apr. 7, 2014; 79 FR 49456, Aug. 21, 2014; 84 FR 39756, Aug. 12, 2019; 84 FR 40269, Aug. 14, 2019; 86 FR 73130, Dec. 27, 2021] | (a) Purpose and scope. This section sets forth the applicable State implementation plan for State of Hawaii 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 paragraph (c) and (d) of this section with an EPA approval date prior to May 1, 2012, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after May 1, 2012, will be incorporated by reference in the next update to the SIP compilation. (2) EPA Region IX 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 May 1, 2012. (3) Copies of the materials incorporated by reference may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; Air and Radiation Docket and Information Center, EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Ave. NW., Washington, DC; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html. (c) EPA approved regulations. EPA-Approved State of Hawaii Regulations (d) EPA approved State source specific requirements. (e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures. EPA Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures | |||
| 40:40:3.0.1.1.1.13.1.10 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | M | Subpart M—Hawaii | § 52.633 Visibility protection. | EPA | [50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 77 FR 61506, Oct. 9, 2012; 82 FR 3129, Jan. 10, 2017; 84 FR 39756, Aug. 12, 2019] | (a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas. (b) Regulations for visibility monitoring and new source review. The provisions of §§ 52.27 and 52.28 are hereby incorporated and made part of the applicable plan for the State of Hawaii. (c) [Reserved] (d) Regional Haze Plan Provisions—(1) Applicability — This paragraph (d) applies to following electric generating units (EGUs) and boilers: Kanoelehua Hill Generating Station, Hill 5 and Hill 6; Puna Power Plant, Boiler 1; Shipman Power Plant, Boiler S-3 and Boiler S-4. (2) Definitions. Terms not defined below shall have the meaning given to them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (d): Owner/operator means any person who owns, leases, operates, controls, or supervises an EGU or boiler identified in paragraph (d)(1) of this section. SO 2 means sulfur dioxide. Unit means any of the EGUs or boilers identified in paragraph (d)(1) of this section. (3) Emissions cap. The EGUs identified in paragraph (d)(1) of this section shall not emit or cause to be emitted SO 2 in excess of a total of 3,550 tons per year, calculated as the sum of total SO 2 emissions for all five units over a rolling 12-month period. (4) Compliance date. Compliance with the emissions cap and other requirements of this section is required at all times on and after December 31, 2018. (5) Monitoring, recordkeeping and reporting requirements. (i) All records, including support information, required by paragraph (d)(5) of this section shall be maintained for at least five (5) years from the date of the measurement, test or report. These records shall be in a permanent form suitable for inspection and made available to EPA, the Hawaii Department of Health or their representatives upon request. (ii) The owners and operators of the EGUs identified in paragraph (d)(1) of this s… | |||
| 40:40:3.0.1.1.1.13.1.11 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | M | Subpart M—Hawaii | § 52.634 Particulate matter (PM-10) Group III SIP. | EPA | [55 FR 18110, May 1, 1990] | (a) On September 14, 1988, the Governor of Hawaii submitted a revision to the State Implementation Plan (SIP) for implementing the required monitoring activities and other tasks necessary to satisfy the requirements of the PM-10 Group III SIP. (b) The Hawaii Department of Health has committed to meet the ongoing requirements for PM-10 Group III areas. | |||
| 40:40:3.0.1.1.1.13.1.2 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | M | Subpart M—Hawaii | § 52.621 Classification of regions. | EPA | [37 FR 10860, May 31, 1972] | The Hawaii plan was evaluated on the basis of the following classifications: | |||
| 40:40:3.0.1.1.1.13.1.3 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | M | Subpart M—Hawaii | § 52.622 Original identification of plan. | EPA | [37 FR 10861, May 31, 1972, as amended at 41 FR 8959, Mar. 2, 1976; 44 FR 23828, Apr. 23, 1979; 44 FR 46274, Aug. 7, 1979; 46 FR 40513, Aug. 10, 1981; 47 FR 3111, Jan. 22, 1982; 48 FR 37403, Aug. 18, 1983; 62 FR 34648, June 27, 1997; 69 FR 41432, July 9, 2004. Redesignated and amended at 70 FR 44854, Aug. 4, 2005; 74 FR 11040, Mar. 16, 2009] | (a) This section identified the original “State of Hawaii Air Pollution Control Implementation Plan” and all revisions submitted by the State of Hawaii that were federally approved prior to June 1, 2005. (b) The plan was officially submitted on January 28, 1972. (1) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted from the SIP without replacement Air Pollution Control Law, Hawaii Revised Statutes, chapter 322, part V, section 322-68 and Public Health Regulations, chapter 43, section 20. (c) The plan revisions listed below were submitted on the dates specified. (1) Certification that the plan was adopted submitted on April 4, 1972, by the Department of Health. (2) Telegram and letters (Non-regulatory) clarifying the plan submitted on May 8, 1972, by the Governor. (3) Telegram (Non-regulatory) clarifying the particulate matter control strategy submitted on May 22, 1972, by the Governor. (4) Letter (Non-regulatory) clarifying disapproval of the plan submitted on June 15, 1972, by the Governor. (i) Previously approved on November 8, 1973 in paragraph (c)(4) of this section and now deleted from the SIP without replacement S.B. No. 1382-72, Act 100, section 7. (ii) [Reserved] (5) Revised regulations (in their entirety) for the State of Hawaii submitted on November 21, 1972, by the Governor. (i) Previously approved on May 14, 1973 in paragraph (c)(5) of this section and now deleted from the SIP without replacement chapter 43, section 20. (ii) [Reserved] (6) Regulations establishing a permit system for agricultural burning submitted on May 15, 1973, by the Governor. (7) Compliance schedule submitted on July 27, 1973, by the Governor. (8) 18-month extension plan for particulate matter submitted on August 15, 1973, by the Governor. (9) Date for attainment of the national ambient air quality standards for particulate matter submitted on April 25, 1974, by the Governor. (10) Previously approved on April 23, 1979 and now deleted without replacement: A variance to the Hawaii… | |||
| 40:40:3.0.1.1.1.13.1.4 | 40 | Protection of Environment | I | C | 52 | PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS | M | Subpart M—Hawaii | § 52.623 Approval status. | EPA | [79 FR 17874, Mar. 31, 2014] | (a) With the exceptions set forth in this subpart, the Administrator approves Hawaii's plan for attainment and maintenance of the national standards. The State included various provisions in its plan to provide for the attainment of the State ambient air quality standards. As described in the Governor's letters of January 28, May 8, and May 22, 1972, these provisions were included for information purposes only and were not to be considered a part of the plan to implement national standards. Accordingly, these additional provisions are not considered a part of the applicable plan. (b) 1997 8-hour ozone NAAQS: The SIP submitted on December 14, 2011 is partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C) and (J), and is disapproved for CAA elements 110(a)(2)(D)(i)(II) and (D)(ii). (c) 1997 PM 2.5 NAAQS: The SIP submitted on December 14, 2011 is partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C) and (J), and is disapproved for CAA elements 110(a)(2)(D)(i)(II) and (D)(ii). (d) 2006 PM 2.5 NAAQS: The SIP submitted on December 14, 2011 is partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C) and (J), and is disapproved for CAA elements 110(a)(2)(D)(i)(II) and (D)(ii). |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
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