Approval and Promulgation of Implementation Plans: Alaska

Federal RegisterFeb 16, 1995

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AK6-1-6587a; AK5-1-6437a; AK3-1-5851a; FRL-5147-8]

Approval and Promulgation of Implementation Plans: Alaska

AGENCY: Environmental Protection Agency.

[[Page 8944]] ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) takes action on and/

or approves regulations from three submittals received from the Alaska

Department of Environmental Conservation (ADEC): submittal dated July

17, 1990 requesting our action to address out-of-date sections found in

40 CFR 52.73-52.96 relating to Alaska state implementation plan (SIP)

deficiencies, and including the applicable Alaska statutes to support

their request; submittal dated October 15, 1991 requesting approval of

amendments to regulations dealing with Air Quality Control, 18 AAC 50,

for inclusion into Alaska's SIP to assure compliance with Federal

ambient air quality standards for airborne particulate matter, and

submittal dated March 24, 1994 requesting approval of additional

amendments to 18 AAC 50, Air Quality Control, for inclusion into

Alaska's SIP to assure compliance with new source review permitting

requirements, the 1990 Clean Air Act Amendments (the Act), for sources

located in nonattainment areas for either carbon monoxide or

particulate matter. The above submittals include amendments to the

State Air Quality Control Plan, which is incorporated by reference in

18 AAC 50.

DATES: This final rule will be effective on April 17, 1995 unless

adverse or critical comments are received by March 20, 1995. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should be addressed to:

Montel Livingston, SIP Manager, Air & Radiation Branch (AT-082),

EPA, 1200 Sixth Avenue, Seattle, Washington 98101.

Documents which are incorporated by reference are available for

public inspection at the Air and Radiation Docket and Information

Center, Environmental Protection Agency, 401 M Street, SW, Washington,

D.C. 20460.

Copies of material submitted to EPA may be examined during normal

business hours at the following locations: EPA, Region 10, Air &

Radiation Branch, 1200 Sixth Avenue (AT-082), Seattle, Washington

98101, and ADEC, 410 Willoughby, Suite 105, Juneau, Alaska 99801-1795.

FOR FURTHER INFORMATION CONTACT: Montel Livingston, Air & Radiation

Branch (AT-082), EPA, Seattle, Washington 98101, (206) 553-0180.

SUPPLEMENTARY INFORMATION:

I. Background

On July 1, 1987 (52 FR 24634), EPA revised the national ambient air

quality standards (NAAQS) for particulate matter. Total suspended

particulate (TSP) was replaced as the indicator for particulate matter

ambient standard by a new indicator, particulate matter with a nominal

aerodynamic diameter of 10 micrometers or less in size (PM-10). In

response, ADEC amended its rules and regulations which dealt with

particulate matter to assure compliance with particulate NAAQS

throughout Alaska, and in addition, adopted numerous other changes,

including amendments to its regulations for new source review. The

package, dated October 15, 1991, was received by EPA on October 21,

1991, together with the proof of filing certification by the Lieutenant

Governor of Alaska and a certified copy of the regulations dealing with

Air Quality Control, 18 AAC 50, for inclusion into the SIP.

An earlier package, submitted on July 17, 1990, requested EPA to

address out-of-date sections in the CFR and included Alaska statutes

which were applicable to the corrections.

On March 24, 1994 further amendments to 18 AAC 50, including

amendments to the State Air Quality Control Plan (which is incorporated

by reference in 18 AAC 50), were submitted to EPA as a revision to the

Alaska SIP. These amendments include further changes to the regulations

for PM-10 and new source review.

II. Description of Revisions

A. Amendments to Air Quality Control Plan, October 15, 1991

The October 15, 1991 submittal encompasses a broad range of topics.

Specifically, the amendments to 18 AAC 50:

1. establish an ambient air quality standard for particulate matter

smaller than 10 microns;

2. revise the provisions relating to wood-fired heating devices in

the Juneau Mendenhall Valley;

3. establish air quality increments for oxides of nitrogen;

4. reduce the visible emission standard for marine vessels from 40

percent to 20 percent opacity;

5. change the incinerator permit size threshold from 1000 lb/hr

charging rate for an individual incinerator to 1000 lb/hr on the basis

of facility-wide capacity;

6. establish a permit program that will allow new and modified

major carbon monoxide-emitting facilities to be constructed in

Anchorage and Fairbanks without disrupting progress towards attaining

compliance with the ambient air quality standards for carbon monoxide;

7. establish a new air episode category called ``air quality

advisory'';

8. restrict wood stove operation during an air quality advisory and

an air emergency;

9. require a public notice and 30-day public comment period for all

new Air Quality Control Permits issued under 18 AAC 50.

10. specify minimum requirements on quality assurance and quality

control for ambient monitoring programs; and

11. clarify certain permit requirements and procedures, especially

issues pertaining to the definition and application of ``actual'' and

``allowable'' emissions.

EPA approves the following amendments to 18 AAC 50, Air Quality

Control Regulations, from the submission by ADEC dated October 15, 1991

for inclusion into the Alaska SIP.

Article 1. Program Standards and Limitations

Sections 020(a)(1) and 020(b), Ambient Air Quality Standards, are

revised to establish State ambient air quality standards and Prevention

of Significant Deterioration increments which are as stringent as the

Federal standards.

Section 085, Wood-fired heating devices, is revised to establish

elements of the PM-10 control strategy which meet the criteria set

forth by EPA to assure attainment and maintenance of the PM-10 NAAQS.

Section 100, Marine vessels, is revised to establish lower emission

standards that apply to all marine vessels within three miles of the

coastline of Alaska in order to reduce visibility problems encountered

in Alaska that are associated with marine vessels.

Article 2. Permit Requirements

Section 300(a)(3) is amended to require permits for incinerators

having a total combined rated capacity of 1,000 pounds per hour or

more.

Section 300(a)(5), (6) and (8), Permit to Operate, are revised by

making numerous editorial changes for clarity.

Section 300(a)(7), Permit to Operate, is revised by adding a

requirement for a permit to operate for facilities that provide

emission offsets.

Section 300(a)(9), Permit to Operate, is revised by adding a new

provision which requires a permit to operate for facilities located

within ten kilometers of a nonattainment area, which have been

installed or modified after the [[Page 8945]] effective date of the

regulation change and have an allowable emission increase of 100 tons

per year of the nonattainment air contaminant.

Section 300(d), Permit to Operate, is revised by changing the

requirements for new and modified major sources in nonattainment areas

to require emission offsets in lieu of using a growth allowance.

Sections 300(e) and 300(g), Permit to Operate, are revised by

making a number of editorial changes for clarity.

Section 300, Permit to Operate, is revised by adding a new

paragraph (h) which sets the requirements for sources required to have

a permit under the new Section 300(a)(9).

Article 3. Permit Review Criteria

Section 400(a), Application Review and Issuance of Permit to

Operate, is revised to require public notice of all applications of

facilities requiring a new Air Quality Control Permit to Operate and

for certain renewals.

Sections 400 (b), (c), and (d), Application Review and Issuance of

Permit to Operate, are revised by making a number of editorial changes

for clarity.

Section 400(c), Application Review and Issuance of Permit to

Operate, is revised by adding provisions for emission offsets in lieu

of an emissions allowance for new or modified major sources located in

a nonattainment area.

Article 4. Regulation Compliance Criteria

Section 510, Ambient Analysis Methods, is revised to clarify the

approved ambient monitoring procedures and quality assurance

requirements.

Section 520, Air Quality Monitoring, is revised by making several

editorial changes.

Article 5. Procedure and Administration

Section 610, Air Episodes and Advisories, is revised by changing

the indicator for particulate matter from TSP to PM-10, lowering the

concentrations for declaring an air alert, warning, or emergency, and

adding a provision allowing ADEC to declare an air advisory and to

request voluntary emission curtailments from operators of air

contaminant sources.

Section 620, Air Quality Control Plan, is revised to reflect the

date for new revisions to Volumes II and III of the Air Quality Control

Plan.

Article 6. General Provisions

Section 900, Definitions, is amended by revising the current

definitions of the terms ``actual emissions,'' ``baseline

concentration,'' ``baseline date,'' ``regulated air pollutant,'' ``wood

smoke control area,'' and ``fugitive emissions,'' and adding new

definitions of the terms ``approved,'' ``nonattainment air

contaminant,'' ``particulate matter emissions,'' ``PM-10,'' ``PM-10

emissions,'' and ``total suspended particulate matter.''

The above amendments to regulations and the State Air Quality

Control Plan comply with EPA's regulations for control strategies to

attain and maintain the NAAQS for particulate matter and for permits to

construct pursuant to Parts C and D of the Act.

B. Amendments To Delete Obsolete Code of Federal Regulations (CFR)

Sections

In an earlier package submitted to EPA on July 17, 1990, ADEC

submitted a request to correct findings of Alaska's SIP deficiency in

40 CFR 52, Sections 52.73-96. ADEC identified and explained why several

of those sections were now obsolete (dating back to 1973) and how they

had been remedied by changes to Alaska's statutes and regulations. ADEC

also submitted the applicable Alaska statutes (Title 46. Water, Air,

Energy, and Environmental Conservation) to support their request for

corrections. The sections are all identified below. At this time, EPA

is making the following changes:

Section 52.74(a)(1), Cook Inlet. Delete. The Cook Inlet Air

Resources Management District has not existed for over a decade.

Deficiencies related to permitting authority attributed to Cook Inlet

Air Resources Management District do not exist.

Section 52.74(a)(2), Fairbanks North Star Borough (FNSB). Delete.

The Memorandum of Understanding between ADEC and FNSB gives the borough

responsibility only for permitting open burns of less than 40 acres;

monitoring and air quality forecasting; attainment planning; and motor

vehicle inspection and maintenance. It does not include

responsibilities for recordkeeping, monitoring requirements, and public

availability of stationary source data. Therefore, deficiency findings

in those areas are moot.

Regarding emergency abatement, the CFR refers to Ordinance

45.05.100, which is found to be deficient because it only refers to

generalized conditions of air pollution. FNSB Ordinance 8.05.010-050,

which gives the borough adequate authority, was accepted into the SIP

in the May 26, 1989 Federal Register. FNSB Ordinance 8.04.071 provides

adequate authority for injunctions. Therefore, Sec. 52.74(a)(2)(i) on

injunctions, and (v) on episode abatement may be deleted.

Section 52.74(a)(2)(vi), Legal Authority. Delete. The Fairbanks

Inspection and Maintenance Program was accepted as fulfilling the

transportation control requirement.

Section 52.74(b), Legal Authority. Delete. This finding of

deficiency for lack of authority to prevent operation or construction

which may result in violation of ambient air quality standards is

satisfied by 18 AAC 50.300 and 18 AAC 50.400. These sections define

criteria for permit issuance, and prevent operation or construction

without a permit.

Section 52.74(c), Legal Authority. Delete. This subsection

disapproves Alaska Statute (AS) 46.03.180 for not meeting the

requirement for disclosure of emissions data. However, AS 46.03.180

allows confidentiality only for some ``Records and Information, other

than emission data.'' Therefore, the legal authority to provide for

public availability of emission data is adequate, and this deficiency

determination may be deleted.

Section 52.73 (a) and (b), General Requirements. Delete. These are

simply remedies to the deficiencies identified above in Sec. 52.74 and,

since the legal authority to provide for public availability of

emission data is adequate, these remedies may be deleted.

Section 52.78, Review of new sources and modifications. EPA defers

action on this section, which establishes a plan for review of new or

modified indirect sources, to a later date when a subsequent Federal

Register action will address the revisions to the Carbon Monoxide SIP

submitted March 24, 1994 by ADEC.

Section 52.80, Intergovernmental cooperation. Delete. This

subsection refers to lack of clear delineation of responsibilities

between state and local agencies. This has been addressed in memoranda

of understanding between ADEC and the municipalities of Anchorage and

Fairbanks which define responsibilities. In addition, emergency

avoidance plans are described in the Alaska State Air Quality Control

Plan.

Section 52.81, Attainment dates for national standards, and

Section 52.82, Extensions. No action to be taken at this time. The

information contained in these two sections, pertaining to historical

attainment dates and status data, will be updated at a later

time. [[Page 8946]]

Section 52.84, Compliance schedules. Delete. All compliance

schedules listed here are outdated. Compliance schedules have been

replaced by compliance orders, which are enforcement actions, and are

not part of the SIP.

Section 52.95, Maintenance of national standards. Delete. These

pre-1977 requirements are out of date and no longer applicable.

Section 52.96(b), Significant deterioration of air quality. Retain.

The State of Alaska does not have jurisdiction over Indian

reservations. Therefore, EPA must retain this provision in the Code of

Federal Regulations in order to promulgate Federal procedures to

prevent significant deterioration of air quality in Indian reservations

as part of the Alaska SIP.

C. Additional Amendments to the Air Quality Control Plan, March 24,

1994

The March 24, 1994 ADEC submittal of revisions for inclusion into

the Alaska SIP include additional amendments to 18 AAC 50, Air Quality

Control Plan. In some instances the amendments further revise the

amendments dated October 15, 1991, and in those cases, EPA is approving

the version of the rules as it exists under the most recent revision.

The amendments EPA is specifically approving at this time from the

March 24, 1994 submittal concern state air quality classifications for

PM-10 and new source review requirements. All other amendments to the

SIP contained in the March 24, 1994 submittal will be addressed in

subsequent actions. At this time, EPA is approving the following

amendments to 18 AAC 50, Air Quality Control:

Article 1. Program Standards and Limitations

Section 021, State Air Quality Classifications, is revised by

adding the Eagle River Community and Mendenhall Valley of Juneau as

nonattainment areas for PM-10.

Article 2. Permit Requirements

Section 300 (a)(7) and (a)(8), Permit to Operate, are revised by

adding provisions to require a permit for sources located in PM-10

nonattainment areas.

Section 300(d), Permit to Operate, is revised to clarify that

emission offsets must be enforceable at the time of permit issuance and

that they must actually occur by the time that increased emissions from

the new or modified source will occur. In addition, this section

requires a demonstration that the benefits of construction, operation,

or modification of the facility will significantly outweigh the

environmental and social costs incurred due to its location in a

nonattainment area.

Sections 300 (e) and (g), Permit to Operate, are revised by making

a number of editorial changes for clarity.

Article 3. Permit Review Criteria

Section 400(a)(1)(A), Application Review and Issuance of Permit to

Operate, is revised by making several editorial changes for clarity.

Section 400(c)(3)(B)(ii), Application Review and Issuance of Permit

to Operate, is revised by adding significance levels for PM-10.

Section 400(c)(4), Application Review and Issuance of Permit to

Operate, is revised to clarify that emission offsets must be

enforceable at the time of permit issuance and that they must actually

occur by the time that increased emissions from the new or modified

source will occur. In addition, this section requires a demonstration

that the benefits of construction, operation, or modification of the

facility will significantly outweigh the environmental and social costs

incurred due to its location in a nonattainment area.

Section 400(d)(4), Application Review and Issuance of Permit to

Operate, is revised by making several editorial changes for clarity.

Article 5. Procedure and Administration

Section 620, State Air Quality Control Plan, is revised to reflect

the date for new revisions to Volumes II and III of the Air Quality

Control Plan.

The above amendments include updates to air quality area

classifications and reflect date changes to include the most recent

(March 24, 1994) SIP revisions submitted from ADEC to EPA. Also,

included are revisions of the new source review provisions to meet the

new requirements of Part D of the Clean Air Act for moderate carbon

monoxide and particulate matter nonattainment areas as set forth in the

General Preamble for the Implementation of Title I of the Clean Air

Act.

III. Summary of EPA Action

In this action, EPA approves the following amendments to Alaska

Administrative Code, 18 AAC 50, Air Quality Control Regulations, for

inclusion into the Alaska SIP:

A. Revisions to Article 1: In section 050.020, paragraphs (a)(1)

and (b), section 085, and section 100;

Revisions to Article 2: In section 300, paragraphs (a)(3),

(a)(5)(A), (a)(6)(A), (a)(6)(C), (a)(6)(C)(iv), (a)(6)(C)(xvi), (a)(7),

(a)(8), (a)(9), paragraph (d), paragraph (e), paragraph (g), and

paragraph (h);

Revisions to Article 3: in section 400, paragraph (a), paragraph

(a)(1), paragraph (b), paragraph (c)(1), paragraph (c)(3)(B)(ii),

paragraph (c)(4);

Revisions to Article 4: Section 510, and in section 520, paragraph

(a);

Revisions to Article 5: Sections 610 and 620;

Revisions to Article 6: in section 900, paragraphs (1), (7), (8),

(39), (48), and additions of paragraphs (50), (51), (52), (53), (54),

and (55).

B. Overall, the revised table of contents for Title 18,

Environmental Conservation, Chapter 50, Air Quality Control, is as

follows:

Article 1. Program Standards and Limitations

18 AAC 50.010. Applicability of Local Government Regulations (5/16/72)

18 AAC 50.020. Ambient Air Quality Standards (7/21/91)

18 AAC 50.021. State Air Quality Classifications (4/23/94)

18 AAC 50.030. Open Burning (10/30/83)

18 AAC 50.040. Incinerators (10/30/83)

18 AAC 50.050. Industrial Processes and Fuel Burning Equipment (5/11/

91)

18 AAC 50.060. Pulp Mills (11/1/82)

18 AAC 50.070. Motor Vehicle Emissions (5/4/80)

18 AAC 50.085. Wood-Fired Heating Devices (7/21/91)

18 AAC 50.090. Ice Fog Limitations (5/16/72)

18 AAC 50.100. Marine Vessels (7/21/91)

18 AAC 50.110. Air Pollution prohibited (5/26/72)

Article 2. Permit Requirements

18 AAC 50.300. Permit to Operate (4/23/94)

18 AAC 50.310. Revocation or Suspension (5/4/80)

Article 3. Permit Review Criteria

18 AAC 50.400 (4/23/94)

Article 4. Regulation Compliance Criteria

18 AAC 50.500. Source Testing (6/2/88)

18 AAC 50.510. Ambient Analysis Methods (7/21/91)

18 AAC 50.520. Emission and Ambient Monitoring (7/21/91) [[Page 8947]]

18 AAC 50.530. Circumvention (6/7/87)

Article 5. Procedural and Administrative

18 AAC 50.600. Reclassification Procedures and Criteria (11/1/82)

18 AAC 50.610. Air Episodes and Advisories (7/21/91)

18 AAC 50.620. State Air Quality Control Plan (4/23/94)

Article 6. General Provisions

18 AAC 50.900. Definitions (7/21/91)

C. EPA has corrected several out-of-date sections found in 40 CFR

52.73-96 relating to Alaska SIP deficiencies.

IV. Administrative Review

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

SIP approvals under section 110 and subchapter I, Part D of the CAA

do not create any new requirements, but simply approve requirements

that the state is already imposing. Therefore, because the federal SIP-

approval does not impose any new requirements, I certify that it does

not have a significant impact on any small entities affected. Moreover,

due to the nature of the federal-state relationship under the CAA,

preparation of a regulatory flexibility analysis would constitute

federal inquiry into the economic reasonableness of state action. The

CAA forbids EPA to base its actions concerning SIPs on such grounds.

Union Electric Co. v. U.S.E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2).

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective April 17, 1995 unless, by March 20, 1995, adverse or critical

comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective April 17, 1995.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Clean Air

Act Amendments enacted on November 15, 1990. The EPA has determined

that this action conforms with those requirements.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any SIP. Each request for revision to the SIP shall be

considered separately in light of specific technical, economic and

environmental factors and in relation to relevant statutory and

regulatory requirements.

This action has been classified as a Table 2 action by the Regional

Administrator under the procedures published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993

memorandum from Michael H. Shapiro, Acting Assistant Administrator for

Air and Radiation. The OMB has exempted this regulatory action from

E.O. 12866 review.

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by April 17, 1995. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed and shall not postpone the effectiveness of such

rule or action. This action may not be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2), 42 U.S.C.

7607(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Incorporation by reference, Intergovernmental relations, Particulate

matter, Reporting and recordkeeping requirements.

Note: Incorporation by reference of the Implementation Plan for

the State of Alaska was approved by the Director of the Office of

Federal Register on July 1, 1982.

Dated: January 23, 1995.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart C--Alaska

2. Section 52.70 is amended by adding paragraph (c)(19) to read as

follows:

Sec. 52.70 Identification of plan.

* * * * *

(c) * * *

(19) The Environmental Protection Agency (EPA) takes action on and/

or approves regulations from three submittals received from the ADEC on

July 17, 1990, October 15, 1991 and on March 24, 1994, which pertain to

correcting SIP deficiencies in the CFR; amendments to regulations

dealing with Air Quality Control, 18 AAC 50, for inclusion into

Alaska's SIP; and additional amendments to 18 AAC 50, Air Quality

Control, for inclusion into Alaska's SIP to assure compliance with new

source review permitting requirements for sources located in

nonattainment areas for either carbon monoxide or particulate matter.

(i) Incorporation by reference.

(A) July 17, 1990 letter from ADEC to EPA requesting correction for

findings of SIP deficiency in 40 CFR Part 52, and including the version

of Alaska Statutes, ``Title 46. Water, Air, Energy, and Environmental

Conservation,'' in effect at the time of the July 17, 1990 letter, of

which Sections 46.03.020, 46.03.030, 46.03.032, and 46.03.715, amended

in 1987, were the most recently amended of the enclosed statutes.

(B) October 15, 1991 letter from ADEC to EPA, and including

amendments to regulations and the State Air Quality Control Plan to

assure compliance with national ambient air quality standards for

particulate matter; the Order Amending Regulations of the Department of

Environmental Conservation, effective July 21, 1991; and the following

Alaska Administrative Code, 18 AAC 50, Air Quality Control Regulations:

(50.020; 50.085; 50.100; 50.300; 50.400; 50.510, 50.520, 50.610, and

50.900), effective July 21, 1991, Register 119.

(C) March 24, 1994 letter from Walter J. Hickel, Governor of

Alaska, to Chuck Clarke, Regional Administrator of EPA, and including

amendments to 18 AAC 50, State Air Quality Control Plan; the Order

Adopting and Amending [[Page 8948]] Regulations of the Department of

Environmental Conservation, effective April 23, 1994, Register 130; and

the amendments to 18 AAC 50 (50.021, 50.300(a)(7) and (a)(8), 50.300

(d), (e), and (g), 50.400(a)(1)(A), 50.400(c)(3)(B)(ii), 50.400(c)(4),

50.400(d)(4), and 50.620), State Air Quality Control Plan, found in

Volume III: Appendices, Modifications to Section III.A, effective April

23, 1994, Register 130.

Sec. 52.74 [Amended]

3. In Sec. 52.74, paragraphs (a) and (c) are removed and the

paragraph designation for paragraph (b) is removed.

4. Sections 52.73, 52.80, 52.84, and 52.95 are removed and

reserved.

[FR Doc. 95-3859 Filed 2-15-95; 8:45 am]

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