SULFUR DIOXIDE SIP DEFICIENCIES
 OFFICE OF AIR QUALITY PLANNING
        AND STANDARDS
RESEARCH TRIANGLE PARK, NC 27711

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            UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                 Office of Air Quality Planning and Standards
                 Research Triangle Park, North Carolina 27711
                              1 2 'i
MEMORANDUM

SUBJECT

FROM:



TO:
Transmittal of the SO0 Ye
John Calcagni, Directo
Air Quality Management
                           and
Director, Air, Pesticides,
  Division, Regions I, IV, VI
Director, Air and Waste Management Division
  Region II
Director, Air Management Division
  Region III and IX
Director, Air and Radiation Division
  Region V
Director, Air and Toxics Division
  Regions VII, VIII, x
Management
     Attached to this memorandum is a  copy of  the SO, Yellow
Book.  As you may know, the Yellow Book, is a compilation of the
enforceability deficiencies that the Regional  Offices identified
when they reviewed the States' SO2 State implementation plans
(SIP's).  It is our intention to use the Yellow Book to support
the effort to correct these deficiencies.

     There have been numerous discussions about this effort to
correct SO2 rule deficiencies.  It goes  without saying that the
correction of SO2 deficiencies is an important effort.  By
correcting enforceability deficiencies in the  SO2 SIP's,
uncertainty about the regulatory requirements  that SO- sources
must meet will be removed.  This will  benefit  the implementation
of Titles I, IV, and especially V.  As the States, or EPA in the
case of a State default, are confronted with the initial wave of
permit applications, permit writers will be able to easily
incorporate SO2 SIP requirements into  the permits in the
enforceability deficiencies.

     Finally, if the deficiencies are  not corrected at this time,
these deficiencies will continue to plague the States, the
sources, and the Agency.  Past Agency  experience in attempting to
implement and/or enforce ambiguous regulations has resulted in
court opinions and precedents which have adversely affected the

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Agency's regulatory and enforcement programs.  Permits which
attempt to correct an ambiguity can be challenged by the public
which may interpret the SIP requirements in another way.
Frequently, such a challenge has resulted in a program which is
more difficult to implement.  Therefore, we expect that the
effort to correct these enforceability deficiencies will proceed.

     We hope that you will find the Yellow Book helpful in your
negotiations with the States.  We appreciate all of the work that
you and your staff have done in completing the review of the
SIP's.  If you have any further questions about the effort to
correct the SIP deficiencies, feel free to contact Fred Renner at
FTS 629-5556 or have your staff contact Laura McKelvey at FTS
629-5497.

Attachment

cc:  R. Biondi
     R. Campbell
     D. Oevoe
     T. Eagles
     P. Embrey
     E. Ginsburg
     K. Harmon
     P. Horwitz
     L. Kertcher
     L. Lay
     J. Paisie
     F. Renner
     L. Wegman
     Chief, Air Branch, Regions I-X

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              Introduction of the SO, "Yellow Book"

Introduction

     On November 15, "1990 Amendments to the Clean Air Act (Act)
were signed into law.  Titles I, IV and V of the legislation will
affect changes in implementation of the SO, national ambient air
quality standards (NAAQS) program.  In order for all three
programs to be implemented as efficiently as possible, EPA is
requiring the States to correct existing enforceability
deficiencies in the SIP's.  The following is a summary of the
major requirements of the aforementioned Titles:
                                                            *
Title I:

     Title I addresses the nonattainment SIP provisions.  It
requires that nonattainment plans be completed within 18 months
after enactment or designation to nonattainment, which ever is
later, with attainment required in 5 years.  The nonattainment
plans must be fully federally enforceable and therefore
unambiguous in their requirements.

Title IV:

     Title IV, the acid rain program, will affect many of the
larger stationary sources of SO2.   These sources will be required
to have acid rain permits and compliance plans, but they are also
required to comply with any other applicable requirements of the
Act (see section 413).  Therefore, the utilities affected by
Title IV must consider Title I SIP requirements in planning for
compliance with the acid rain program.  Any regulatory
deficiencies in the SO, SIP can  complicate this planning.  Thus,
uncertainties may be introduced into the allowance market and may
stifle trading. This, in turn, could inhibit the ability of the
industry to achieve cost-efficient reductions.

Title V:

     The Title V operating permit program will require
reexamination of many SO, NAAQS  SIP's for enforceability
deficiencies.  The SO, program,  unlike ozone and other criteria
pollutant programs, has not undergone significant program changes
since the 1970 Clean Air Act.  Consequently, the opportunity to
correct many technical and regulatory deficiencies has not
previously occurred.  Since the operating permit may simply
codify existing SIP requirements, correcting SIP deficiencies is
a key to the program's success.

Purpose of "Yellow Book":

     The purpose of this document is to provide a listing of the
federally-approved State and local rules that have deficiencies

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affecting enforceability.  This listing will be used to support a
nationwide effort to correct deficiencies in the SO2 SIP's so
that the related SO2 programs are implemented on a nationally
consistent and defensible basis.  This effort does not expand or
modify existing Federal regulatory requirements, but merely
clarifies EPA policy where past guidance or approved rulemaking
may have been vague or ambiguous.

     The review of the SOa SIP's was performed by the EPA
Regional Offices in response to 1990 Grant Guidance and the 1991
STARS commitments.  The resulting document will be used by the
States and Regional Offices to establish plans and schedules for
correcting those rules that are found to be deficient.

Basis for the Review:

     The EPA Headquarters and Regional Offices developed a
checklist (Appendix A) that was used as the basis for determining
enforceability of the SIP's.  The checklist was developed from
existing policy and guidance (Appendix B) that address common
problems encountered in the agency's past enforcement actions.
The checklist was not designed to provide suggested changes to
the State regulation, but to highlight those regulations which
have enforceability problems that need to be corrected.

     Thus, it will be up to the States and EPA Regional Offices
to establish revisions that reflect the States' particular
regulatory structures and fully meet Federal requirements.  The
EPA Headquarters is in the process of considering example or
model regulations to address particularly common types of
deficiencies.  The deficiencies that were included in the
checklist included ambiguous (or lack of) emission limitations;
inconsistencies between (or lack of) the averaging times and the
NAAQS, emission limitations and test methods; lack of test and
compliance methods;  lack of a method of determining continuous
compliance; lack of recordkeeping and reporting requirements;
unclear alternative compliance approaches; and the inclusion of
director's discretion without provisions for Federal review.
Also included in the listing are rules with inadequacies in
complying with section 123 of the Clean Air Act.

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                 Summary of SO2 SIP Deficiencies
                      •
                        Executive Summary

     The purpose of this document is to describe the deficiencies
discovered by the EPA Regional Offices in reviewing State S02
State implementation plans (SIP's) for enforceability
deficiencies.  Adequacy  of the SIP and emission limitations to
attain air quality standards was not included in this review, nor
were review of, or revisions to, the demonstrations of attainment
required in this effort.  Absent evidence of an air quality
problem EPA is not requiring new air quality attainment
demonstrations at this time.

     The review for SIP  deficiencies covered a variety of
criteria ranging from deficiencies in recordkeeping and reporting
requirements to inadequate or nonexistent compliance
methodologies and emission limitations.  The checklist used in
the evaluation of the SIP's only includes issues that are
explicitly addressed in  current policy.  However, there are
several additional issues that have been identified as being
needed to ensure enforceability but that may require further
refinement or interpretation of existing policy (i.e., what to do
about Director's discretion clauses).  These issues will be
considered in a separate action.  The checklist was developed by
Region V, the Technical  Support Branch of the stationary Source
Compliance Division (SSCD) and the Sulfur Dioxide Programs
Section of the Air Quality Management Division (AQMD), with input
from all of the Regional Offices.  The following is a 'description
of.the types of deficiencies that were included in the checklist
and the number of each type of deficiency nationwide.

TYPES OF DEFICIENCIES

     1)  The rule does not clearly specify which sources are
     subject to it.

     There are 17 State  rules with type 1 deficiencies.

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     There 52 State rules with type 2 deficiencies.

     3)  The averaging time in the rule is inconsistent with
     the averaging time  for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 2 4-hour NAAQS are
     being protected.

     There are 53 State  rules with type 3 deficiencies.

     4)  The compliance  test methodologies in the rule are

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inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

There are 57 State rules with type 4 deficiencies.

5)  The rule does not provide for determining compliance on
acontinuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but-no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

There are 42 State rules with type 5 deficiencies.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

There are 56 State rules with type 6 deficiencies.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

There are 36 State rules with type 7 deficiencies.
                                                       •
8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

There are 35 State rules with type 8 deficiencies.
                                                     £ •
9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain

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     continuous monitoring requirements that enable EPA to verify
     that all sources are in compliance with an applicable limit
     scenario.

     There are 20 State rules with type 9 deficiencies.

     10)  The rule contains an alternative compliance approach
     other then alternative emission limits (e.g., load derating)
     but it does not clearly state the method of determining
     continuous compliance.
          •
     There are 15 State rules with type 10 deficiencies.

     11)  The rule contains director's discretionary authority
     without provision for EPA review.

     There are 51 State rules with type 11 deficiencies.

     12)  The rule has Section 123 deficiencies; including non
     compliance with the 1985 regulations, sources affected by
     the *. Thomas vs NRDC remand and Intermittent or
     Supplemental Control Systems (ICS or SCS).

     (Adequate information is not yet available on this
     deficiency.)

     3)  The SIP for the State has not been federally approved or
     it is unclear as to whether it has been approved.  There are
     6 States without, or substantially without, federally-
     approved SIP's.

TOTAL NUMBER OF STATE RULES WITH DEFICIENCIES (Not including
Region IX)

     There are a total of 78 State rules that are deficient.  It
is important to note that the total number of deficiencies is
much higher then 78.  This is due to the fact that most of the
rules have more than one deficiency.

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                 Regional and State Deficiencies

Introduction

     In an effort to "facilitate implementation of the Operating
Permits and the Acid Rain Programs created by the Clean Air Act
Amendments of 1990, the EPA has begun an effort to correct
enforceability deficiencies in the SO2 State implementation plans
(SIP's) throughout the country.  The rirst.stage of the effort
was to review the SO2 SIP's using an enforceability checklist
developed in coordination with the EPA Headquarters and the
Regional Offices.  The checklist is a modification of an earlier
Enforceability Checklist and is based on existing Agency policy.
The attached is a summary of the preliminary review of the SIP's
conducted by the Regional Offices (for all Regions except II and
IX).  The information is presented as summaries by Region further
refined to the State level.  Criteria addressed in the checklist
are as follows:

     1)  The rule does not clearly specify which sources are
     subject to it.

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     is no assurance that the 3-hour and 24-hour NAAQS are being
     protected.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     5)  The rule does not provide for determining compliance on
     a continuous basis (e.g., Ref. Method 6, Stack Test, is the
     specified reference test method, but no frequency for
     testing is specified; or fuel, sampling is specified but does
     not require daily sampling; GEMS is feasible but is not
     required).

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., The averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data.  Therefore, the source with an
     acceptable continuous compliance method may be providing

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information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies, does not include
requirements on "format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on-site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple emission limitations among a
number of affected sources) where the emission limits which
apply to each affected sources are a) unclear, b) the period
of time and length of time the alternate limits are in
effect are unclear, c) there is no requirement for the
source to notify the regulatory agency prior to changes in
the applicable emission limit, and/or d) the rule does not
contain continuous monitoring requirements that enable EPA
to verify that all sources are in compliance with an
applicable emission limit scenario.
    *
10)  The rule contains an alternative approach other then
alternative emission limits (e.g., load derating) and it
does not clearly state the method of determining continuous
compliance.

11)  The rule contains director's discretionary authority
without provision for EPA review.
                    *
13)  The SIP for the State has not been federally approved
or it is unclear as to whether it has been approved.

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NUMBER OF DEFICIENT RULES BY REGION AND STATE

REGION I

     CONNECTICUT - Section 22a-174-(19,4,5)

          Type of Deficiencies

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 24-hour NAAQS are
     being protected.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     5)  The rule does not provide for determining compliance on
     a continuous basis (e.g., Ref. Method 6, Stack Test, is the
          specified reference test method, but no frequency for
          testing is specified; or fuel sampling is specified but
          does not require daily sampling; CEM is feasible but is
          not required).

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     7)  The rule does not specify requirements to report
     compliance data to regulatory agencies or does not include
     requirements on format and frequency of data reporting
     (e.g., quarterly reports of 3-hour average excess
     emissions).

     8)  The rule does not contain clear requirements for
     compliance data recordkeeping and retention (e.g., all
     emissions data, recorded in units consistent with the

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emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

11)  The rule contains director's discretionary authority
without provision for EPA review.

     Types of Sources

Combustion sources
Sulfuric acid plant
Sulfur recovery operations
smelters
Kraft pulp mills
Other process sources

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MAINE - Rule 100 (.7)

     Type of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 2 4-hour NAAQS are
being protected.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

11)  The rule contains director's discretionary authority
without provision for EPA review.
     Types of Sources

Combustion sources
Sulfite mills

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MASSACHUSETTS - 310MR

     Types of Deficiencies

1)  The rule does not clearly specify which sources are
subject to it.

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 2 4-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining* compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

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11)  The rule contains director's discretionary authority
without provision for EPA review.

     Types of Sources
     combustion sources

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 NEW HAMPSHIRE -  Chapter  400

      Types of Deficiencies

 1)   The rule does  not  clearly specify which sources are
 subject to it.

 2)   The rule does  not  clearly specify the applicable
'•averaging time (compliance periods)  associated with the
 emission limitation.

 3)   The averaging  time in the rule is inconsistent with
 the averaging time for the NAAQS.   For instance,  if the rule
 allows 30-day averaging  or weekly  fuel sampling then there
 may be no assurance that the 3-hour and 24-hour NAAQS are
 being protected.

 4)   The compliance test  methodologies in the rule are
 inconsistent with  the  averaging time and/or units of the
 applicable emission limitations (e.g., the rule specifies a
 Ib/hr limitation based on a  1-hour average but the
 compliance method  specifies  part per million over a 24-hour
 average.

 5)   The rule does  not  provide for  determining compliance on
 a continuous basis (e.g., Ref. Method 6, Stack Test, is the
 specified reference test method, but no frequency for
 testing is specified;  or fuel sampling is specified but does
 not require daily  sampling;  CEM is feasible but is not
 required).

 6)   The averaging  time in the continuous compliance
 monitoring and reporting methodology is inconsistent with
 protection of the  NAAQS  (e.g., the averaging time in the
 compliance method  is not specified in the regulation or in
 the reporting data).   Therefore, the source with an
 acceptable continuous  compliance method may be providing
 information that demonstrates compliance on a 30-day average
 but that might not be  in compliance with shorter term
 averaging times.

 7)   The rule does  not  specify requirements to report
 compliance data to regulatory agencies or does not include
 requirements on format and  frequency of data reporting
 (e.g., quarterly reports of  3-hour average excess
 emissions).
                            8

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8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

11)  The rule contains director's discretionary authority
without provision for EPA review.
     Types of Sources

Combustion sources

     Chapter 800

     Types of Deficiencies

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

     Types of Sources

Combustion Sources

     Chapter 1205.04

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

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5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

          Types of Sources

smelters
                           10

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RHODE ISLAND - Rule # 8

          Types of Deficiencies

1)  The rule does not clearly specify which sources are
subject to it.

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g.,. the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Re-f. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM i§ feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging tiroes.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).
                           11

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8)  The rule does not contain clear requirements for
compliance data recordJceeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.

11)  The rule contains director's discretionary authority
without provision for EPA review.


          Types of Sources
     »
Combustion sources
                           12

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VERMONT - Rule # 5-221

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging tine (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).
                           13

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11)  The rule contains director's discretionary authority
without provision for EPA review.
                           14

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          Types of Sources

Combustion sources

     Rule # 5-225

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

          Types of Sources

Combustion sources

                           15

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REGION II  - For more detailed review and comments see Appendix C


     HEW JERSEY - NJAC 7:27-(7,9,10,13

          Sub chapter 7

               Types of Deficiencies

     5)  The rule does not provide for determining compliance on
     a continuous basis (e.g., Ref. Method 6, Stack Test, is the
     specified reference test method, but no frequency for
     testing is specified; or fuel sampling is specified but does
     not require daily sampling; GEM is feasible but is not
     required).

     7)  The rule does not specify requirements to report
     compliance data to regulatory agencies or does not include
     requirements on format and frequency of data reporting
     (e.g., quarterly reports of 3-hour average excess
     emissions).

     9)  The rule contains an alternative approach for compliance
     (e.g., variable or multiple limits among a number of
     affected sources) where the emission limits which apply to
     each affected sources are a) unclear, b) the period of time
     and length of time the alternate limits are in effect are
     unclear, c) there is no requirement for the source to notify
     the regulatory agency prior to changes in the applicable
     emission limit, and/or d) the rule does not contain
     continuous monitoring requirements that enable EPA to verify
     that all sources are in compliance with an applicable limit
     scenario.

          Subchapter 9

                    Types of Deficiencies

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 24-hour NAAQS are
     being protected.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the

                                16

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compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of .the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e»g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.
                           17

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11)  The rule contains director's discretionary authority
without provision for EPA review.

     Subchapter 10

          Types of deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 2 4-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based 'on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each arffected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

11)  The rule contains director's discretionary authority
without provision for EPA review.

     Subchapter 13.4

          Types of Deficiencies

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the

                           18

-------
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

7)  The rule does not specify requirements to report
compliance data 'to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.
                           19

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     NEW YORK  It is important to note that not all parts of the
part New York regulations are adopted into the SIPs, this could
lead to confusion in what EPA can enforce against a source.  For
specific comments on the regulations or clarifications on
ambiguities see Appendix C for Region II specific comments.

          Part 223

               Types of Deficiencies

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 24-hour NAAQS are
     being protected.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     7)  The rule does not specify requirements to report
     compliance data to regulatory agencies or does not include
     requirements on format and frequency of data reporting
     (e.g., quarterly reports of 3-hour average excess
     emissions).

     11)  The rule contains director's discretionary authority
     without provision for EPA review.


          Types of Sources

     Petroleum refineries
                                20

-------
     Part-224

     Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance, on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

11)  The rule contains director's discretionary authority
without provision for EPA review.

           Types of Sources

Sulfuric and Nitric Acid Plants
     Part 225.1

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

                           21

-------
3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

10)  The rule contains an alternative approach other then
alternative emission limits (e.g., load derating) and it
does not clearly state the method of determining continuous
compliance.

                           22

-------
11)  The rule contains director's discretionary authority
without provision for EPA review.

          Types of Sources

Fuel composition and use

     Part 227

          Types of Deficiencies

1)  The rule does not clearly specify which sources are
subject to it.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all

                           23

-------
emissions data,  recorded in units consistent with the
emission limit,  must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

11)  The rule contains  director's discretionary authority
without provision for EPA review.


          Types of Sources             .  .

Stationary combustion sources
                           24

-------
     PUERTO RICO - Puerto Rico regulations establish source
specific rules which are then applicable to other general rules
describing source monitoring, record keeping, reporting, sampling
and test methods, air pollution emergencies, air pollution
control equipment, permits and compliance plans.  These source
specific rules-sometimes contain phrases such as "comply to
applicable rules in this regulation."  these *catch all phrases7
are assumed to be used in order to hold a source accountable in
cases where it is not clearly stated.  However, these phrases are
unclear and can add confusion to the regulations.

               Types of Deficiencies

     8)  The rule does not contain clear requirements for
     compliance data recordkeeping and retention (e.g., all
     emissions data, recorded in units consistent with the
     emission limit, must be retained on site and made available
     to the regulatory agency inspectors; data must be maintained
     for at least 2 years).

     9)  The rule contains an alternative approach for compliance
     (e.g., variable or multiple limits among a number of
     affected sources) where the emission limits which-apply to
     each affected sources are a) unclear, b) the period of time
     and length of time the alternate limits are in effect are
     unclear, c) there is no requirement for the source to notify
     the regulatory agency prior to changes in the applicable
     emission limit, and/or d) the rule does not contain
     continuous monitoring requirements that enable .EPA to verify
     that all sources are in compliance with an applicable limit
     scenario.

     10)  The rule contains an alternative compliance approach
     other then alternative emission limits (e.g., load derating)
     but it does not clearly state the method of determining
     continuous compliance.

     11)  The rule contains director's discretionary authority
     without provision for EPA review.
                                25

-------
VIRGIN ISLANDS -

          Types of deficiencies

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     5)  The rule does not provide for determining compliance on
     a continuous basis (e.g., Ref. Method 6, Stack Test, is the
     specified reference test method, but no frequency for
     testing is specified; or fuel sampling is specified but does
     not require daily sampling; CEM is feasible but is not
     required).

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     7)  The rule does not specify requirements to report
     compliance data to regulatory agencies or does not include
     requirements on format and frequency of data reporting
     (e.g., quarterly reports of 3-hour average excess
     emissions).

     8)  The rule does not contain clear requirements for
     compliance data recordkeeping and retention (e.g., all
     emissions data, recorded in units consistent with the
     emission limit, must be retained on site and made available
     to the regulatory agency inspectors; data must be maintained
     for at least 2 years).

     9)  The rule contains an alternative approach for compliance
     (e.g., variable or multiple limits among a number of
     affected sources) where the emission limits which apply to
     each affected sources are a) unclear, b) the period of time
     and length of time the alternate limits are in effect are
     unclear, c) there is no requirement for the source to notify
     the regulatory agency prior to changes in the applicable
     emission limit, and/or d) the rule does not contain
     continuous monitoring requirements that enable EPA to verify
     that all sources are in compliance with an applicable limit
     scenario.

                                26

-------
10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           27

-------
REGION III - For more detailed information and comments see
Appendix C

     DISTRICT OF COLUMBIA - Title 20.(201,204,505,602)

          Types of Deficiencies

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 2 4-hour NAAQS are
     being protected.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     5)  The rule does not provide for determining compliance on
     a continuous basis (e.g., Ref. Method 6, Stack Test, is the
     specified reference test method, but no frequency for
     testing is specified; or fuel sampling is specified but does
     not require daily sampling; CEM is feasible but is not
     required).

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     7)  The rule does not specify requirements to report
     compliance data to regulatory agencies or does not include
     requirements on format and frequency of data reporting
     (e.g., quarterly reports of 3-hour average excess
     emissions).

     8)  The rule does not contain clear requirements for
     compliance data recordkeeping and retention (e.g., all
     emissions data, recorded in units consistent with the
     emission limit, must be retained on site and made available
     to the regulatory agency inspectors; data must be maintained

                                28

-------
for at least 2 years).

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           29

-------
DELAWARE - Rule VIII

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 2 4-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

11)  The rule contains director's discretionary authority
without provision for EPA review.

     Rule IX
                     •
          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a

                           30

-------
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

11)  The rule contains director's discretionary authority
without provision for EPA review.


     Rule X

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.
                           31

-------
11)  The rule contains director's discretionary authority
without provision for EPA review.
     Rule XVII

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data)'.  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           32

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MARYLAND - Rule 26.11.(.01,.06f.08,.09f.10,.14)

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  .For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 2 4-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data)-.  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           33

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PENNSYLVANIA --Rule 25IC-III-123.(21,11,12,15, )

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 2 4-hour NAAQS are
being protected.

11)  The rule contains director's discretionary authority
without provision for EPA review.

          Types of Sources

Combustion sources
Coke ovens

     Rule 25IC-III-129.10

          Types of Deficiencies

11)  The rule contains director's discretionary authority
without provision for EPA review.


     Rule 25IC-III-139.1

          Types of Deficiencies

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           34

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VIRGINIA - Rule 4 (4,8,9,11,13,16,18,19,21,22)

          Types of Deficiencies


2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; ox fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.
          Types of Sources

Combustion sources
Coke ovens
Petroleum refineries
Kraft pulp mills
Cement plants
Smelter
Sulfuric acid plant
Sulfur recovery plant
Other process sources
                           35

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WEST VIRGINIA -  Rule 45-16-20X

          Types of Deficiencies


2)  The rule doe's not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.'g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance' on a 30-day average
but that might not- be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not"include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

                           36

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11)  The rule contains director's discretionary authority
without provision for EPA review.
          Types of Sources
     Combustion sources
                           37

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REGION IV - For more detailed information and comments see
Appendix C

     ALABAMA - Rule 335-3-5-(.03,.01,.02,.03)

               Types of Deficiencies

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 24-hour NAAQS are
     being protected.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     5)  The rule does not provide for determining compliance on
     a continuous basis (e.g., Ref. Method 6, Stack Test, is the
     specified reference test method,-but no frequency for
     testing is specified,- or fuel sampling is specified but does
     not require daily sampling; CEM is feasible but is not
     required).

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     7)  The rule does not specify requirements to report
     compliance data to regulatory agencies or does not include
     requirements on format and frequency of data reporting
     (e.g., quarterly reports of 3-hour average excess
     emissions).

     8)  The rule does not contain clear requirements for
     compliance data recordkeeping and retention (e.g., all
     emissions data, recorded in units consistent with the
     emission limit, must be retained on site and made available
     to the regulatory agency inspectors; data must be maintained
     for at least 2 years).


                                38

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11)  The rule contains director's discretionary authority
without provision for EPA review.
                           39

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FLORIDA - Rule 17-2.600(5,6,2)

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 2 4-hour NAAQS are
being protected.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).   Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.
          Types of Sources

Combustion sources
Sulfuric acid plant
                          40

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GEORGIA - Rule 391-3-1(1)(i,iv,V,)

          Types of Deficiencies

1)  The rule does not clearly specify which sources are
subject to it.

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified* in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained

                           41

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for at least 2 years).

11)  The rule contains director's discretionary authority
without provision for EPA review.

13)  The SIP for the State has not been federally approved
or it is unclear as to whether it has been approved.
                          42

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KENTUCKY - Rule 401-59:(015,035)

          Types of Deficiencies

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on 'format and frequency of data reporting
(e..g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

          Types of Sources

Indirect heat exchanger
Sulfuric acid plant

     Rule 401-61:005
                                 •                         •
          Types of Deficiencies

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g.,. the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

11)  The rule contains director's discretionary authority
without provision for EPA review.

          Types of Sources

Indirect heat exchanger
Sulfuric acid plant
Natural gas processing
Coke ovens
                           43

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NORTH CAROLINA - Rule 2D.(0501,0516,0517,0527)

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance,  if the  rule
allows 30-day averaging or weekly fuel sampling then  there
may be no assurance that the 3-hour and  24-hour NAAQS are
being protected.•

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of  the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test,  is  the
specified reference test method, but no  frequency for
testing is specified; or fuel sampling is specified but  does
not require daily sampling; GEM.is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is  inconsistent  with
protection of the NAAQS (e.g., the averaging time in  the
compliance method is not specified in the regulation  or  in
the reporting data).  Therefore, the source with  an
.acceptable continuous compliance method  may be providing
information that demonstrates compliance on a 30-day  average
but that might not be in compliance with shorter  term
averaging times.

9)  The rule contains an alternative approach for compliance
 (e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply  to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits  are in effect are
unclear, c) there is no requirement for  the source to notify
the regulatory agency prior to changes in the applicable
emission  limit, and/or d) the  rule does  not contain
continuous monitoring requirements that  enable EPA to verify
that all  sources are in compliance with  an applicable limit
scenario.

10)  The  rule contains an alternative compliance  approach
other then alternative emission limits (e.g., load derating)

                           44

-------
but it does not clearly state the method of determining
continuous compliance.

          Types of Sources

Combustion sources
Sulfuric acid plants
Spodumene ore roasting
                           45

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SOUTH CAROLINA - Rule 62.5-1-III

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 2 4-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data,' recorded in units consistent with the
emission limit, must be retained on site and made available
•to the regulatory agency inspectors; data must be maintained
for at least 2 years).
                           46

-------
9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           47

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MISSISSIPPI - Rule APC-S-1-4

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging tine (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).
                           48

-------
9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           49

-------
TENNESSEE - Rule 1200-3-10.02(1)(c)(2)

    Types of Deficiencies

11)  The rule contains director's discretionary authority
without provision for EPA review.

   Rule 3-14-.03(4)

         Types of Deficiencies

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           50

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REGION V


     ILLINOIS - Has no SIP for sources in the MMA for Chicago and
East St. Louis.

     13)  The SIP for the State has not been federally approved
     or it is unclear as to whether it has been approved.

     SECTION 214 - Sulfur Dioxide Rules

               Types of Deficiencies

     1)  The rule does not clearly specify which sources are
     subject to it.

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     5)  The rule does not provide for determining compliance on
     a continuous basis (e.g., Ref. Method 6, Stack Test, is the
     specified reference test method, but no frequency for
     testing is specified; or fuel sampling is specified but does
     not require daily sampling; CEM is feasible but is not
     required).

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     9)  The rule contains an alternative approach for compliance
     (e.g., variable or multiple limits among a number of
     affected sources) where the emission limits which apply to
     each affected sources are a) unclear, b) the period of time
     and length of time the alternate limits are in effect are
     unclear, c) there is no requirement for the source to notify
     the regulatory agency prior to changes in the applicable

                                51

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emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.

11)  The rule contains director's discretionary authority
without provision for EPA review.

          Types of Sources

Combustion Sources
Process Sources
                           52

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INDIANA - 326 I AC

          Types of Deficiencies

1)  The rule does not clearly specify which sources are
subject to it.

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).                           .

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).   Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

                           53

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10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., non
simultaneous operations) but it does not clearly state the
method of determining continuous compliance.
                           54

-------
MICHIGAN - 401, 402, 403

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           55

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MINNESOTA - 417, 418

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected, (because there is no averaging time in the
rule).

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for*
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           56

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OHIO

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

5)  The rule does not -provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           57

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WISCONSIN - Has submitted a SIP but it has not been approved

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time'in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

13)  The SIP for the State has not been federally approved
or it is unclear as to whether it has been approved.
                           58

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REGION VI - For Detailed review and comments see Appendix C


     ARKANSAS - Section 7

               Type of Deficiencies

     1)  The rule does not clearly specify which sources are
     subject to it.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time arid/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     5)  The rule does not provide for determining compliance on
     a continuous basis (e.g., Ref. Method 6, Stack Test, is the
     specified reference test method, but no frequency for
     testing is specified; or fuel sampling is specified but does
     not require daily sampling; CEM is feasible but is not
     required).

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     8)  The rule does not contain clear requirements for
     compliance data recordkeeping and retention (e.g., all
     emissions data, recorded in units consistent with the
     emission limit, must be retained on site and made available
     to the regulatory agency inspectors; data must be maintained
     for at least 2 years).

     Rule - Section 8

               Type of Deficiencies

     1)  The rule does not clearly specify which sources are
     subject to it.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a

                                59

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Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).
                           60

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LOUISIANA - Chapter 15

           Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging tine (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not Be in compliance with shorter term
averaging times.

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

11)  The rule contains director's discretionary authority
without provision for EPA review.

           Types of Sources

Sulfuric acid plant
Sulfur recovery operations
Kraft pulp mills
Petroleum refineries
Smelters
                           61

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     NEW MEXICO - Rule  602

               Types of Deficiencies

     2)   The rule does  not  clearly specify the applicable
     averaging time (compliance periods)  associated with the
     emission limitation.

     3)   The averaging  time in  the rule is inconsistent with
     the averaging time for the NAAQS.   For instance,  if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and.24-hour NAAQS are
     being protected.

     7)   The rule does  not  specify requirements to report
     compliance data to regulatory agencies or does not include
     requirements on format and frequency of data reporting
     (e.g., quarterly reports of 3-hour average excess
     emissions).

     8)   The rule does  not  contain clear requirements for
     compliance data recordkeeping and retention (e.g., all
     emissions data, recorded in units consistent with the
     emission limit, must be retained on site and made available
     to  the regulatory  agency inspectors; data must be maintained
     for at least 2 years).

     9)   The rule contains  an alternative approach for compliance
     (e.g., variable or multiple limits among a number of
     affected sources)  where the emission limits which apply to
     each affected sources  are  a) unclear, b)  the period of time
     and length of time the alternate limits are in effect are
     unclear, c) there  is no requirement for the source to nptify
     the regulatory agency  prior to changes in the applicable
     emission limit, and/or d)  the rule does not contain
     continuous monitoring  requirements that enable EPA to verify
     that all sources are in compliance with an applicable limit .
     scenario.

               Types of Sources

     Combustion sources

        Rule - 701.H ** Note this is not SIP approved but allows
variances from State enforcement **

          Types of Deficiencies

     11)  The rule contains director's discretionary authority
     without provision  for  EPA  review.
                               62

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          Types of Sources

Combustion sources

   Rule - 605

          Types "of Deficiencies

2)  The rule does not clearly specify the applicable*
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available

                           63

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to the regulatory agency inspectors; data must be maintained
for at least 2 years).

          Types of Sources

Combustion sources

   Rule - 651 (New version Submitted as a SIP revision)

          Types of Deficiencies

3)  The averaging time  in the rule is inconsistent with
the averaging time for  the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 2 4-hour NAAQS are
being protected.

6)  The averaging time  in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data). Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

          Types of Sources

Sulfuric acid plants

Rule 652
          Type of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time  in the rule is inconsistent with
the averaging time for  the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.
                           64

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4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

9)  The rule contains an alternative approach for compliance
(e.g./ variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.
                           65

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OKLAHOMA  - Rule 3.4(b)

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in"the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting dataj.  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

11)  The rule contains director's discretionary authority
without provision for EPA review.

          Types of Sources

Natural gas processing
Sulfuric acid plants
Combustion sources
Sulfur recovery operations
Smelters

Rule 3.4 (c)

          Types of Deficiencies

                           66

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2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).
                                               •
6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging*times.

11)  The rule contains director's discretionary authority
without provision for EPA review.

          Types of Sources

Natural gas processing
Sulfuric acid plants
Combustion sources
Sulfur recovery operations
Smelters
                           67

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TEXAS - Rule 2

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging tine (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).
                           68

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9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

11)  The rule contains director's discretionary authority
without provision for EPA review.

          Types of Sources

Combustion sources
Sulfuric acid plants
Sulfur recovery operations
Smelters
                           69

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REGION VII - For detailed review and comments see Appendix C

     IOWA - Rule 23.3 (3,4)

          Types of Deficiencies

     1)  The rule does not clearly specify which sources are
     subject to it.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     7)  The rule does not specify requirements to report
     compliance data to regulatory agencies or does not include
     requirements on format and frequency of data reporting
     (e.g., quarterly reports of 3-hour average excess
     emissions).

     8)  The rule does not contain clear requirements for
     compliance data recordkeeping and retention ('e.g., all
     emissions data, recorded in units consistent with the
     emission limit, must be retained on site and made available
     to the regulatory agency inspectors; data must be maintained
     for at least 2 years).


               Types of Sources

     Combustion sources
                                70

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KANSAS - Rule 28-19[12,22(A,B,C),31(0),32(D)

          Types of Deficiencies

1)  -The rule does not clearly specify which sources are
subject to it.

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4) .The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

7.)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g./ quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site, and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

11)  The rule contains director's discretionary authority
without provision for EPA review.


          Types of Sources

Combustion sources
Indirect heat exchanger
Sulfuric acid plants
Smelters
                           71

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MISSOURI - Rule 10CRS10-3.100[3(A),4(A)]

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

   Rule - 10CRS10-4-150

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.


     Rule - 10CRS10-5-150

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

     Rule - 10CRS5.110(2)(C)(2)

          Types of Deficiencies

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.


          Types of Sources

Combustion sources
                           72

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NEBRASKA - Chapter 19

          Types of Deficiencies

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).
   •

        Rule # ??

          Types of Deficiencies

1)  The rule does not clearly specify which sources are
subject to it.

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

          Types of Sources

Combustion sources
                           73

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REGION 8

     In general, the S02 regulations in the six Region VIII
states were deficient in several of the requirements for
enforceable regulations, including lack of specified test
methods, lack of recordkeeping and reporting requirements,
ambiguous emission limits, and emission limit averaging times
which were not protective of the 3 hr NAAQS.

     COLORADO - Rule l.IV.(A-I)

               Types of Deficiencies

     5)  The rule does not provide for determining compliance on
     a continuous basis (e.g., Ref. Method 6, Stack Test, is the
     specified reference test method, but no frequency for
     testing is specified; or fuel sampling is specified but does
     not require daily sampling; GEM is feasible but is riot
     required).

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     11)  The rule contains director's discretionary authority
     without provision for EPA review.

                    GEMS Requirements

        Rule - VI.(A,B,C,D)

               Types of Deficiencies

     1)  The rule does not clearly specify which sources are
     subject to it.

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 24-hour NAAQS are
     being protected.

                                74

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4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.
                •

7)  The rule does not specify requirements to report
compliance data to regulatory agencies of does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           75

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MONTANA - Rule 16.8.(1411,1412,1413,1414)

          Types of Deficiencies

1)  The rule does not clearly specify which sources are
subject to it.

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in 'the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each  affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are

                           76

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unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.

11)  The rule contains director's discretionary authority
without provision for EPA review.
          Types of Sources

Combustion sources
Sulfur recovery operations
Smelters
Kraft pulp mills

   Rule 16.8.704

          Types of Deficiencies

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

          GEM Requirements
                           77

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NORTH DAKOTA - Rule 33-15-06(.01,.02,.03)

          Types of Deficiencies

1)  The rule does not clearly specify which sources are
subject to it.

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; OEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

11)  The rule contains director's discretionary authority
without provision for EPA review.
                           78

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          Types of Sources
Combustion sources
Industrial processes
                          79

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SOUTH DAKOTA - Rule 74:26:07:(01,02,03)

          Types of Deficiencies

1)  The rule does not clearly specify which sources are
subject to it.

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained

                           80

-------
for at least 2 years).
          Types of Sources
Combustion sources
                           81

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     UTAH -SO, requirements for Utah County and Davis/Salt lake
Counties are in the PM-10 SIP, which has not been formally
submitted to EPA at this time.

        Rule UACR 4.2

               Types of Deficiencies

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 24-hour NAAQS are
     being protected.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

     7)  The rule does not specify requirements to report
     compliance data to regulatory agencies or does not include
     requirements on format and frequency of data reporting
     (e.g., quarterly reports of 3-hour average excess
     emissions).

     8)  The rule does not contain clear requirements for
     compliance data recordkeeping and retention (e.g., all
     emissions data, recorded in units consistent with the
     emission limit, must be retained on site and made available
     to the regulatory agency inspectors; data must be maintained
     for at least 2 years).

     11)  The rule contains director's discretionary authority
     without provision for EPA review.


               Types of Sources

     Combustion sources

        Rule UACR 4.6

               Types of Deficiencies
                                82

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     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that'demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     11)  The rule contains director's discretionary authority
     without provision for EPA review.

               Types of Sources

     GEMS Requirements

PM-10 SIP

               Types of Deficiencies

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 24-hour NAAQS are
     being protected.

     4)  The compliance test methodologies in the rule are
     inconsistent with the averaging time and/or units of the
     applicable emission limitations (e.g., the rule specifies a
     Ib/hr limitation based on a 1-hour average but the
     compliance method specifies part per million over a 24-hour
     average.

               Types of Sources

     Combustion sources
     Industrial Process
     Refineries
     Asphalt Plants
     Smelters
                                83

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WYOMING - Rule 4.((b)-(h))

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but tHe
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

7)  The rule does not specify requirements to report
compliance data to regulatory agencies or does not include
requirements on format and frequency of data reporting
(e.g., quarterly reports of 3-hour average excess
emissions).

8)  The rule does not contain clear requirements for
compliance data recordkeeping and retention (e.g., all
emissions data, recorded in units consistent with the
emission limit, must be retained on site and made available
to the regulatory agency inspectors; data must be maintained
for at least 2 years).

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable

                           84

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emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

11)  The rule contains director's discretionary authority
without provisioti for EPA review.

13)  The SIP for the State has not been federally approved
or it is unclear as to whether it has been approved.

          Types of Sources

Combustion sources
Sulfuric acid plant
                           85

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REGION IX - Region IX's review has not been completed at this
point but will be completed and included in the Yellow Book in
the future.
                               86

-------
REGION X -  This is a partial review for Region X, there review
will be completed in the future.


     ALASKA - Rule 18.50.(0050,.010)

               Types of Deficiencies

     2)  The rule does not clearly specify the applicable
     averaging time (compliance periods) associated with the
     emission limitation.

     3)  The averaging time in the rule is inconsistent with
     the averaging time for the. NAAQS.  For instance, if the rule
     allows 30-day averaging or weekly fuel sampling then there
     may be no assurance that the 3-hour and 24-hour NAAQS are
     being protected.

     6)  The averaging time in the continuous compliance
     monitoring and reporting methodology is inconsistent with
     protection of the NAAQS (e.g., the averaging time in the
     compliance method is not specified in the regulation or in
     the reporting data).  Therefore, the source with an
     acceptable continuous compliance method may be providing
     information that demonstrates compliance on a 30-day average
     but that might not be in compliance with shorter term
     averaging times.

     9)  The rule contains an alternative approach for compliance
     (e.g., variable or multiple limits among a number of
     affected sources) where the emission limits which apply to
     each affected sources are a) unclear, b) the period of time
     and length of time the alternate limits are in effect are
     unclear, c) there is no requirement for the source to notify
     the regulatory agency prior to changes in the applicable
     emission limit, and/or d) the rule does not contain
     continuous monitoring requirements that enable EPA to verify
     that all sources are in compliance with an applicable limit
     scenario.

     10)  The rule contains an alternative compliance approach
     other then alternative emission limits (e.g., load derating)
     but it does not clearly state the method of determining
     continuous compliance.

     11)  The rule contains director's discretionary authority
     without provision for EPA review.
                                87

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          Types of Sources
Combustion sources
Process sources
                          88

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IDAHO - Has a Substantially inadequate SIP.

   Section .01.(.1561-1355,.1801-.1804,.167-.1662)

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging tine (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.
                           •
5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6,  Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous-compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not.be in compliance with shorter term
averaging times.

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b)  the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.
                           89

-------
10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.

11)  The rule contains director's discretionary authority
without provision for EPA review.

13)  The SIP for the State has not been federally approved
or it is unclear as to whether it has been approved.

          Types of Sources

Combustion sources
Process sources
                           90

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OREGON - Chapter 340 division 22

          Types of Deficiencies

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; CEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

9)  The rule contains an alternative approach for compliance
(e.g., variable or multiple limits among a number of
affected sources) where the emission limits which apply to
each affected sources are a) unclear, b) the period of time
and length of time the alternate limits are in effect are
unclear, c) there is no requirement for the source to notify
the regulatory agency prior to changes in the applicable
emission limit, and/or d) the rule does not contain
continuous monitoring requirements that enable EPA to verify
that all sources are in compliance with an applicable limit
scenario.

10)  The rule contains an alternative compliance approach
other then alternative emission limits (e.g., load derating)
but it does not clearly state the method of determining
continuous compliance.
                           91

-------
11)  The rule contains director's discretionary authority
without provision for EPA review.

          Types of Sources

Combustion sources
Process sources •
                          92

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WASHINGTON - Regulation 1-9.07,(463-39,172,173)

          Types of Deficiencies

2)  The rule does not clearly specify the applicable
averaging time (compliance periods) associated with the
emission limitation.

3)  The averaging time in the rule is inconsistent with
the averaging time for the NAAQS.  For instance, if the rule
allows 30-day averaging or weekly fuel sampling then there
may be no assurance that the 3-hour and 24-hour NAAQS are
being protected.

4)  The compliance test methodologies in the rule are
inconsistent with the averaging time and/or units of the
applicable emission limitations (e.g., the rule specifies a
Ib/hr limitation based on a 1-hour average but the
compliance method specifies part per million over a 24-hour
average.

5)  The rule does not provide for determining compliance on
a continuous basis (e.g., Ref. Method 6, Stack Test, is the
specified reference test method, but no frequency for
testing is specified; or fuel sampling is specified but does
not require daily sampling; GEM is feasible but is not
required).

6)  The averaging time in the continuous compliance
monitoring and reporting methodology is inconsistent with
protection of the NAAQS (e.g., the averaging time in the
compliance method is not specified in the regulation or in
the reporting data).  Therefore, the source with an
acceptable continuous compliance method may be providing
information that demonstrates compliance on a 30-day average
but that might not be in compliance with shorter term
averaging times.

11)  The rule contains director's discretionary authority
without provision for EPA review.
          Types of Sources

Combustion sources
Process sources
                           93

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Appendix A

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                  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        Office of Air Quality Planning and Standards
\ -\'f~^              Research Triangle Park, North Carolina 2771 1
 *'««
                                    NOV 2 8 I990
    MEMORANDUM

    SUBJECT:   S02 SIP Deficiency Checklist

    FROM:      Robert D.  Bauman,  Chief  \ffi
              S02/Particulate Matter Programs Branch,  AQMD (MD-15)

              Rich Biondi,  Chief )faL
              Technical  Support  Branch, SSCD (EN-341)

    TO:        Air Branch Chiefs
              Regions I-X


         As you know, the Sulfur Dioxide Programs Section (SDPS) is engaged in an
    effort to identify S02  State implementation plans  (SIP's) that have
    deficiencies in enforceability.   We hope to have these deficiencies identified
    and  corrected, or at least have  schedules for their correction before the
    Operating Permits Program  in the Clean  Air Act Amendments of 1990 is
    effective.  Because the Operating Permits Program  will initially codify
    underlying SIP requirements, it  is important that  the underlying SIP is
    enforceable so that permits  themselves  will be enforceable.   This should
    prevent a larger future effort to correct all of the source-specific permits
    that have codified deficient requirements.

         The first phase of this effort included highlighting the review of the
    States' SIP's and submission of  schedules for correction of the deficient
    SIP's in the 1991 STARS and  grant guidance.  The review of the SOo SIP's will
    be the first step in developing  a "Yellow Book" patterned after tne ozone
    "Blue Book."  The schedule  for completion of the draft of the "Yellow Book" is
    December 31, 1990 with the  final version ready in  mid-January 1991 so that it
    will be available for use  in the fiscal year 1992  grant negotiations.  The
    STARS measures require the  Regions to submit schedules for correcting
    deficient SIP's  in the second and third quarters.   This is expected to be
    followed by a nationwide SIP call in the summer of 1991 for States that have
    not committed to corrections by  this time.

         As part of the review  effort, the  Sulfur Dioxide/Particulate Matter
    Programs Branch of the Air  Quality Management Division (AQMD), and the
    Technical Support Branch of  the  Stationary Source  Compliance Division (.SSCD),
    agreed to work together to  produce a more explicit checklist that the Regions
    could use in their reviews  to determine SIP enforceability.   Subsequently, a
    conference call was held on  November 1, 1990 to discuss draft criteria for S02

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                                  ATTACHMENT

                S02 SIP  ENFORCEABILITY REFERENCES  AND CHECKLIST


REFERENCES (see citation listing on page 5)
     Ref #1, Pg. 2 of attachment, "Applicability	It should be clear as to
     whom the regulation applies."

1.   Does rule clearly specify sources subject to rule?

REFERENCES
     Ref 11, Pgs 3 & 4,  "Standard of Conduct	'alternative equivalent
     technique' provisions should not be approved without clarification
     concerning the time period"	"Compliance Periods	SIP rules should
     describe explicitly the compliance timeframe associated with each
     emission limit"...."Test Methods.....The allowable averaging times should
     be explicit.  Both the test method and averaging times employed must be
     sufficient to protect the ambient standard involved."
                                                                          1
2.   Does rule clearly specify applicable averaging time associated with
     emission limitations?

REFERENCES
     Same as for #2 above.

3.   Is averaging time in rule consistent with protection of the NAAQS (e.g.,
     3-hr or 24-hr average, dependent on controlling standard)?

REFERENCES
     Same as for #2 above.

4.   Does rule have compliance test methodologies consistent with the
     averaging time and units of the applicable emission limitations (e.g., if
     rule specifies Ib/hr limitation based on 1-hr average, the compliance
     method must be capable of calculating and reporting Ib/hr values)?

REFERENCES
     Section HO(a)(2)(F)(1i) of CAA of 1977, SIP contains "requirements for
     installation of equipment by owners or operators of stationary sources to
     monitor emissions from such sources, (ill) for periodic reports on the
     nature and amounts of such emissions"	(6)(j) "as a condition for
     issuance of any permit required under this title, the owner or operator
     of each new or modified....must show to the satisfaction of the
     permitting authority that the technological system of continuous emission
     reduction which is to be$u£d	"   40 CFR 51.20, "Each plan must provide
     for monitoring the status of compliance with any rules and regulations
     that set forth any portion of the control strategy".  ....51.214(a), "The
     plan must contain legally enforceable to - (1) Require stationary sources
     subject to emission standards as part of an applicable plan to install,
     calibrate, maintain, the operate equipment for continuously monitoring
     and recording emissions	"  Ref #2, Pg 2, "Policy, CEMS (continuous
     emission monitoring system) should be used to assure continuous

-------
     sources addressed In the rule):  (a) is It clear which limits apply to
     each affected source prior to the timeframe in question; (b) is it clear
     that such limits, once selected,  apply to each source for the entire
     duration of the reporting period; (c) does it require source notification
     or request from the agency prior to the effective timeframe; and (d) does
     it require CEMS (or some other continuous monitoring system), which are
     always available, to'assure acquisition of sufficient data to determine
     each source's compliance status under all alternative conditions?

REFERENCES
     Same as in #9 above.

10.  If the rule contains an Alternative Approach which contains features
     other than alternative emission limits (e.g.,  load derating), does it
     clearly state the method of determining compliance on a continuing basis
     (e.g., reporting hourly MM load or steam flow)?

REFERENCES
     This issue is being addressed through a separate work group.  Decisions
     reached in that context will be directly applicable here.

11.  Does the rule contain director's discretionary authority?   Director's
     discretion should be highlighted and disapproved in accordance with
     forthcoming guidance.

12.  Section 123 deficiencies; including compliance with the 1985 regulations,
     sources affected by the remand and ICS.

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               REFERENCES FOR S02 SIP ENFORCEABILITY CHECKLIST


1.   Policy Memorandum - "Review of State Implementation Plans and Revisions
     for Enforceability and Legal  Sufficiency," 0. C.  Potter, T. L. Adams,
     Jr., and F.  S. Blake,  September 23,  1987.

2.   Policy Memorandum - "Transmittal of  Reissued OAQPS CEMS Policy," G. A.
     Emison, March 31, 1988.

3.   Policy Memorandum - "Supplementary Guidance - SO?  Continuous Compliance
     Strategy (July 5, 1988),"  J.  S. Seitz,  October 21, 1988.

4.   40 CFR Part 51, Promulgated Policy Statement - "Air Pollution Control:
     Recommendation for Alternative Emission Reduction  Options Within State
     Implementation Plans,"  December 11,  1979.

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Appendix B

-------
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                    2 3 1987

MSXOP.AND'JM

SC3J2CT:  Review of State Implementation Plans and  Revisions
          foe Enforceability and Legal Sufficiency
FROM:     Michael S. Alushin
          Associate Enforcement Counsel
           for Air Enforcement
          Alan W. Eckert    _ _
          Associate Genera*! coTTnsel
          Air and Radiation Division
          John S. Seitz, Director
          Stationary Source Compliai
          Office of Air..Quality Placing and  Standards

TO:       Addressees

     This is  to provide implementing guidance on  the  memorandum
issued by J.  Craig Potter/ Thomas Adams and Francis Blake
on  this  date  relating  to review of  SIP plans  and  revisions
for enforceability and legal sufficiency.  We urge you to
provide  copies of these memoranda to your  State Agency Directors.

Applicability

     This guidance applies to all SIP proposals which have
not completed the state or local, agency legal and procedural
requirements  for SIPs. For proposals that have not yet
been submitted to the  Regional office for  action/ the state
and local agencies have forty-five  (45) days  from the date
of  this  guidance to  submit such proposals  for review  in order
for the  proposal to  be considered under previous  procedures.
SIP packages currently in Headquarters will  undergo  the usual
review but  will  be  returned to *the  Regions if they contain
deficiencies which  raise significant questions as to  whether
the regulation would be enforceable.

Enforceability Criteria

      The notion of  enforceability encompasses several concepts.
At  the most basic  level, a  regulation mus~t be within the statutory
authority of the promulgating"agency.   For example,  some states
have statutory restrictions or  prohibitions  on the promulgation
 of regulations more restrictive than the  federal  counterpart.



                            (b-i-i

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                                 -3-

      • Standard of Conduct

      The regulation must be sufficiently specific so that a
 source is fairly on notice as to the standard it must meet.
 For example, "alternative equivalent technique" provisions
 should not be approved without clarification concerning the
 time period over which equivalency is measured as well as
 whether the equivalency applies on a per source or per line
 basis or is facility wide.

      • Incorporation by Reference

       Some federal regulations are inappropriate for adoption
 by reference.  For example, a state intending to enforce PSD
 regulations adopted by reference must adopt 40 C.P.R. 552.21,
 not 40 C.F.R. SSI.166, as only the former is written in a form
 imposing obligations on permit applicants.  Even then, changes
 may have to be made to take into account the difference between
 the State's situation and EPA's.

      • Transfer Efficiency

     Some states have attempted to provide particular VOC
 sources with relaxations of compliance limits in return for
 improvements in the efficiency with which the sources use the
 pollutant producing material.  Any rules allowing transfer
 efficiency to be-used in determining compliance must be explicit
 as to when and under what circumstances a source may use improved
 transfer efficiency as a substitute for meeting the SIP limit.
 Such provisions must state whether EPA approval is required on
 a case-by-case basis.  Also, such provisions may not simply.
 reference the NSPS auto coating tables for the transfer
 efficiency.  The improvement should be demonstrated through
 testing and an appropriate test method should be set forth.
 Implied improvements noted by the NSPS auto coating TE
 table are not to be accepted at face, value.

       0 Compliance Periods

     SIP rules should describe explicitly the.compliance time
 frame associated with each emission limit (e.g. instantaneous,
—stack test,  3 hour average or dally).  The Regions should not
 assume  that  a lack of specificity implies instantaneous compliance.
 The time  frame or method employed must be sufficient to protect
 the standard involved.
                                •

      '"•  Equivalency Provisions and Discretionary Emission Limits

     Certain  provisions  allow sources to comply via "bubbles"
 oc  "alternate  equivalent  techniaues" or through mechanisms
 "as approved by  the  Director."  These provisions must make it

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                                -5-   ,

     Please contact the appropriate staff attorney  in  the Office
of General 'Counsel or the Office of Enforcement and Compliance
Monitoring should you have any questions concerning issues of
enforceability in particular instances.  Please contact Tom
Helms, OAQPS, 'PTS-629-5526, for other questions concerning
implementation of this guidance.

Attachment

Addressees:

     Regional Administrators
     Regions I-X

     Regional Counsels
     Regions I-X

     Air Management Division Directors
     Regions 1, 111 and IX

     Air and Waste Management Division Director
     Region ZZ

     Air,  Pesticides, and Toxics Management Division
     Directors
     Regions ZV and 71        .

     Air and Radiation Division Director
     Region 7

     Air and Toxics Division Directors
     Regions 7XX, 7IIZ and X

cc:  Deputy Regional Administrators
     Regions  I-X

     Regional Counsel
     Air Contacts
     Regions  I-X

     Air Compliance Branch Chiefs
     Regions  XX, III, 17, 7, 71, IX

     Air Program Branch Chiefs
     Regions  I-X

     Darryl  Tyler, Director
     Control  Programs Development  Division

     Gerald  Emison, Director
      Office  of  Air Quality Planning
       and  Standards
                              6-1-3

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    APPOVABILITY CHECKLIST- ENFORCEABILITY

SIP Package No.	Date Rec.

            I
STATE:                    11. _L .^	  '
    •
Subject Matter:	'
                                                                                     Attachment
Date Due
(Specific Provision and Description)

Enforceabilitv Analysis	state Submittal
1.  Applicability
                        i
    a.  What sources are being
        regulated?

    b.  What are criteria for
        exemption?

    c.  Is calculation
        procedure for exemption
        clearly specified?
    d.   Is emission Inventory
        listed in the
        background document
        of the attainment
        demonstration?
                                (list responses)
EPA Requirement
 Clarity
 Clarity
 Example calculation or
 clear explanation of
 how to determine
 exemption (line by line,
 etc.
 Inventory including
 allowable and actual
 emissions in source
 category should be
 included, for enforce-
 ment purposes and
 independent of any Clean
 Air Act requirements,
 in the attainment demon-
 stration if such data is
 necessary for determin-
 ing baselines in regula-
 tions.
Approvability (Approvable or N

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                trceabillty Analysis
h.  If there is a redesigna-
    tion; will this change
    the emission limita-
    tions?  If yes, which
    ones and how?
            2.  Compliance Dates

                a.  What is compliance
                    date?

                b.  What is the attainment
                    date?
&>
 i
            3.   Specificity of Conduct

                a.  What test  method is
                    required?

                b.  What is the averaging
                    time in compliance
                    test method?

                c.  Is a compliance
                    calculation or
                    evaluation required?
                    (i.e.,  daily weighted
                    average for VOC).

                d.  If yes  to  "c," list
                    the  formula, period of
                    rwnnl I -»••«'»•«  - • t '
                             State Submittal
EPA Requirement
                                                                     Regulation may not
                                                                     automatically allow for
                                                                     self nullification upon
                                                                     redesignatlon of area
                                                                     to attainment.  New
                                                                     maintenance demonstra-
                                                                     tion required in order
                                                                     to drop regulation.
                                                    Must not be later than
                                                    approved or about to
                                                    be approved date of •
                                                    attainment unless
                                                    emission reductions not
                                                    necessary for attain-
                                                    ment.  In some cases,
                                                    it will be necessary
                                                    for the regulation to
                                                    specify dates in compli-
                                                    ance schedules that are
                                                    required to be submitted
                                                    by source to state.
                                                    Test method must be
                                                    explicitly stated.

                                                    Averaging time and
                                                    application of limit
                                                    must be explicit.
                                                    Formula must be
                                                    explicit-..
Approvabil i tv (Ap,   yahle or

-------
Enforceabilitv Analysis
                                State Submittal
RPA Requirement
Approvabilitv (Approvable or Not)
6.  Exemptions

    a.  List any exemptions
        allowed.

    b.  is the criteria* for
        application clear?
7.  Malfunction Provisions
                                                        Must be clearly defined
                                                        and distinguishable  from
                                                        what constitutes a
                                                        violation.
                                                       Rule must specify what
                                                       exceedances nay be
                                                       excused, how the
                                                       standard is to be
                                                       applied, and who makes
                                                       the determination.

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  1        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
          .           WASHINGTON. O.C. 204«0
                                     •
                           JUN 2 I  S82
                                                      OFFICE OF
                                                 Alfl. NOISE AND flAOIATlCN
MEMORANDUM
SUBJECT:  Definition of "Continuous Compliance*
            and Enforcement of O&M Violations
P«OM»     Kathleen M. Bennett
          Assistant Administratoc^sor Air, Noise and Radiation
   <"
V-v-»'
TO i       Directors « Air and Waste '•nagenent Divisions  v
            Regions I -IV, VI -VI 1 1 and X

          Directors, Air Management Divisions
            Regions V and IX


    The purpose of this memo is to provide you with some general
programmatic guidance as to the meaning of the term "continuous
compliance" and the role of operation and . maintenance (O&M)
requirements in assuring that continuous compliance is maintained.
Of course, source specific guidance on O&M measures which can
assure continuous compliance is an essential part of this program
and this memorandum is -not intended to substitute for such
guidance.  As you know, DSSE has undertaken a number of
initiatives related to the continuous compliance effort and we
hope to discuss the progress of those efforts with you at the
upcoming workshop at Sou-th<3£2 ?inee .  DSSE will be forwarding to
you an updated sumtc&r? cf th- .s -.ctivicies prior to the workshop*
However, given the coaticcing a««snticn being given to
"continuous compliance," Z think it would be helpful to have a
common understanding of what that concept entails*

    In the strict legal sense, sources are required to meet,
without interruption, all applicable emission limitations and
other control requirements, unless such limitations specifically
provide otherwise.  However, of primary concern to the Agency are
those violations that could have been prevented, through  the
'Installation of proper control eqvipzr.snt  aad the operation  and
maintenance of that equipment in accordance with proper
procedures.  We believe the concept of continuous compliance  is
essentially the avoidance of preventable  excess emissions over
time as a result of the proper design, operation and maintenance
of an air pollution source.  .This includes avoidance of
preventable inatancea of excess emissions, minimization of
                                     6-;--?

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                                                             ""V
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY         r
               Office of Air Quality Planning and Standards
               Research Triangle Park, North Carolina. 27711
                                4 I99I
MEMORANDUM

SUBJECT:  FY 1993 Budget Priorities
FROM:      ohn s- Seitz,
           ffice of Air Quality Planning al^fl, standards  (MD-10)
TO:       Michael Shapiro, Deputy Assistant Administrator
            for Air and Radiation (ANR-443)
                                                             •

     Attached is the OAQPS input into .the forthcoming discussion
on FY93 OAR budget priorities.  The themes, priorities and
initiatives listed are "fresh" from our meeting in Southern Pines
and represent a collective long-range planning effort of
Headquarters, Regional, State, and local air pollution control
professionals.

     Three major themes emerged from our discussions that will
guide the development of our FY93 budget.  The first theme,
focusing on accountability, monitoring and enforcement, will give
us the data we need to judge the success or failure of our
mandated programs.  Such a focus includes providing the technical
tools (emissions factors, test methods, and data management
capabilities) to markedly improve our overall ability to
implement air pollution control programs and ensure their
integrity.  Second, we will in FY93 expand our CAA implementation
efforts to include the development of the small business
technical assistance program, fixing regulatory problems such as
those affecting utilities, arid data collection for out year MACT
standards.  The third theme of our discussions includes some
critical cross-cutting issues that require attention in FY93,
including technical training, further development of market-based
initiatives, characterization and control of NOX, and integrating
our regulatory activities across programs and titles.

     Thanks again for your presence and support at the long-range
planning meeting.  Lydia and I look forward to our discussion of
these priorities on March 8.  Please call Dale Evarts at FTS 629-
5535 or leva Spons at FTS 629-0882 if you have any questions.

Attachment

cc:  Lydia Wegman (MD-10)
     Stan Meiburg (Region VI)
     OAQPS Division Directors
     Jerry Kurtzweg (ANR-443)

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                     FY93 BUDGET PRIORITIES FOR OAQPS

FY93 BUDGET THEMES:

  •    Accountability, monitoring and enforcement

       -  Ensure  our ability to determine our success in implementation
       •   Provide technical tools  (emissions factors, test  methods,  .data  management
       capabilities) to support implementation

  •    Program implementation

       •  Provide small business technical assistance
       •  Fix regulatory problems
       -  Collect data for out year program development
                                                            N
  •    Cross-cutting issues

       -  Technical training
       •-  Market-based initiatives
       -  NO,control
       -  Integration  of regulatory activities

-------
FY93 BUDGET PRIORITIES/INITIATIVES:

SO2 INTEGRATION  (Based upon SO2NAAQS ncL changing)

  •   Fix regulatory problems

      •  Nonattainment  plans and  rule corrections  affecting utilities ("level the playing
      field")
      •  Consistency for implementation  of permit  program (Phase n Acid  rain permit
      program)

  •   Establish monitoring network

      •  Support FY95 report on SO 2 emission projection  •
      -  Make data  management  efforts consistent across SO2 NAAQS, acid rain, permit
      program  .
      -  Support implementation  of Acid Sain phase n programs

  •   Provide tools for "regionalization"

      -  Test methods
      •  Nationally consistent guidance
      •  Model rules to  facilitate SIP corrections

OZONE/CO

  •    Improve tracking  of emissions reductions

       -  Upgrade and expand monitoring
       -  Ensure adequate emissions inventory
       -  Update/expand  emissions  factors

  •    Meet data management requirements

       -  Need to be tied permit program
       •  Provide support for market-based initiatives
       -  Integrate with MACT standard requirements

       Enlist assistance from State/local  agencies on rule development  ("reverse enabling")

       • Draw on State/local  experience to develop model rules

-------
PM10

  •    Support better characterization of air quality

       -  Revise monitoring  strategy
       -  Targeted, risk-oriented  program
       -  Attempt to integrate  with MACT standards (industry/facility  basis)
       -  Characterize in FY91-92, begin to implement in FY93

  •    Establish better emissions inventories for modeling and  tracking

  •    Develop better technical  tools, support, and outreach

       -  Emissions factors
       -  Tap state experience to transfer successful efforts in implementing RACM/BACM
       -Development of. model permits

AIR TOXICS

  •    Develop outyear MACT  standards

       - Data collection and analysis (Blanket use of Section 114 letters to solicit data)
       - Coordinate with TSCA to use test results generated under Section 4

  •    Leverage State and industry experience, where possible

       - For development of MACT standards
       - For conduct of studies

 OPERATING
   •   Establish  consistent data-management  system (integrated across tides)

       - Emission inventories are essential to viable system

   •   Establish  audit system for oversight

       Develop test methods  to tie in to Tide VH enforcement

       - Continuous emissions monitoring
       - Improve accountability and data management

-------
CROSS-CUTTING  ISSUES


  •   Increase support for training (HQ/Region/State/Local)


      •  Leverage support from industry


  •   Ensure enforceable programs and regulations


      -  Expand enforcement efforts


  •   Implement small business techncial assistance  program
                   •

      -  Exploit public/private partnerships


  •   Assess impact of NOZ
                       *                .
      •  Significant for all major programs (e.g.,urban ozone, regional/global ozone, PM10,
      acid rain)
      -  Support development of NOZNSPS

-------
              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON. D.C. 20460
                          JUL 5  1988
                                                            OFFICE OF
                                                          AIM AND RADIATION
 MEMORANDUM

 SUBJECT:  Transmittal of SO2 Continuous Compliance/Strategy I

 FROM:     John S. Sertz, Director
           Stationary Source Compliance Division
           Office of Air Quality Planning and Standards

 TO:       Air Management Division Directors
           ^Regions I, III, and IX

           Air and Waste Management Division Director
           Region II

           Air, Pesticides and Toxics Management Division
             Directors
           Regions IV and VI

           Air and Toxics Division Directors
           Regions VII, VIII, and X

           Air and Radiation Division Director
           Region V


      Attached is the  final version of  the SO2 Continuous
 Compliance Strategy.  As you may.recall, a draft compliance
 strategy  for SO2 sources was distributed for comment
 May  1,  1987.  Subsequently a draft SO2 Continuous Compliance
 Strategy  was circulated February 26, 1988.  Based on  the
 comments  received on  these two documents this final strategy
 emerged.

      The  latest  Regional review  (February 26th  draft) indicated
 only minimal changes  were necessary.   The decision point
 table  used to determine  appropriate  action  for  noncoapliers
~""flas  been  simplified and  additional discussion has been added
 concerning resource allocation procedures.  Also,  the overall
 document  has been streamlined somewhat and  clarified  as nucn
 as possible.

-------
                            - 2 -

     As discussed in the "Introduction",  an approach  is
presented for gathering and analyzing SO2 data in a nationally
consistent manner to help State/local agencies and Regional
Offices make decisions about nonconpliers.  As such,  it should
help agencies to allocate scarce resources more effectively.
Please note, that while the strategy is designed to provide
flexibility, any actions taken mist be consistent with all
applicable enforcement guidance.  Bob Marshall (FTS 382-2862)
is SSCD's contact.

Attachment

-------
              SO? CONTINUOUS COMPLIANCE  STRATEGY
INTRODUCTION

     This strategy provides State/local agencies and EPA
Regional Offices with guidance on making decisions about SO2
noncompliers.  It divides SC>2 violators into two groups.
The first group consists of marginal noncompliers requiring
additional information before launching an enforcement action.
The second group are sources significantly out of compliance
for which an enforcement action should  be considered.
Numerical percentages, related to degree of noncompliance are
used to indicate the appropriate type of follow-up action
(See DECISION POINTS AND RECOMMENDED FOLLOW-UP ACTIONS, p.4).

     The strategy is specifically designed not to impose any
additional burdens; rather, its purpose is to ensure consistent,
efficient and effective utilization of  existing SO2 compliance
resources.  Current regulatory requirements are used to determine
excess emissions, averaging time, monitoring methods and
degree of violation.  Previously issued guidance and standardized
procedures provide an adequate basis for fully implementing
this strategy. Specifically, any actions taken should be
consistent with the documents entitled  "Timely and Appropriate
Enforcement Response Guidance" which was issued by the Office
of Air and Radiation on April 11, 1986, "Enforcement Applications
of Continuous Emission Monitoring Data" which was issued by
the Stationary Source Compliance Division and the Air Enforcement
Division on April 22, 1986; and, the "OAQPS CEMS Policy"
statement, which was  reissued on March  31,'1988.  Copies of
these guidance packages may be obtained by contacting the
Stationary Source Compliance Division.

     This strategy does not change any  underlying emission
standards or-requirements.  It establishes no rights or
privileges for the regulated sources nor does it change the
definition of a violation.  The  goal for compliance  remains
at 100 percent.  Further, the level of  compliance activity
identified by this strategy should be  thought of as  a
minimally acceptable  program.  Agencies are encouraged to
implement more  rigorous activities as  they deem appropriate.

-------
                            - 2 -

APPLICABILITY
     This 'strategy applies to £asASO2 sources such as;
coal & oil-fired utility and inTSt»*rial boilers, smelters,
refineries, steel mills, sulfuric acid plants,  and pulp
mills which are regulated by SIPs,  HSPS or PSD/HSR permits.

DECISION POINTS FOR 'SO? NONCOMPLIERS

     The data analysis table on page 4 provides numerical
decision points and recommended follow-up actions for different
types of compliance problems that may be identified by stack
test reports or self-reporting mechanisms.  Stack test
reports, such as Method 6 for NSPS sources,  clearly establish
the compli lance status of a source in a legally enforceable
form.  Therefore, such a violating source should be immediately
ranked using the prioritization scheme described on page 4;
and, an active enforcement action initiated, if appropriate.

     The three categories of self -monitor ing reports submitted
by sources are: 1) reports from 803 continuous emission
monitoring systems (GEMS), 2) fuel sampling and analysis
reports (FSA), and, 3) other reports, such as malfunction/bypass,
fuel supply or inspection data.  Using information from these
reports, the percent  of noncompliance is computed based on
the length of time in violation.  Length of time refers either
to excursions above the regulatory limit or lack of monitoring
information due to data collection and/or transmission problems
(See page 3).  The percent of noncompliance is then compared
to values  in the table and the designated fol low-up actions
pursued.   .                 :

     As an example, consider a Subpart Da Electric Utility
steam generator that  failed to meet  the 1.2 Ibs/MM BTU emission
limit for one 24 hr.  period (based on a 30 day rolling average).
Under the  table heading "GEM AND/OR  FSA IS THE EMISSION
COMPLIANCE METHOD" and subheading "EMISSION LIMIT EXCEEDED",
the percent of time is greater than  1% [i.e., 24 hr./  (90
days x 24 hr)= 1.1%].  Therefore, the source should be
scheduled for enforcement consistent with the prioritization
scheme developed on page 5.  This does not mean an automatic
enforcement action must ensue, but it does place the source
in-line for future actions as resources may permit.

-------
                            - 3 -

     It should- be noted that many of  these  sources  would
qualify as significant violators should any violation be
determined to have occurred.  Therefore,  these  decision
points should be used to identify SO2 significant violators.
Assuming a source meets the other criteria  for  such a
designation,  these decision points delineate a  degree of
noncompliance that would automatically place a  source on the
significant violator list.   Additionally, existing guidance
including J:hose^addressing federally  reportable violations,
timely* & appropriate enforcement actions and SPMS committments
should be imposed
                              fo-VS"

-------
                                     - 4 -
                 • DECISION POINTS AND RBCCWEHDED FOLLOW-UP ACTIONS
                               (Based on Charterly Data)
   If the percent is less than that shown below,  acquisition of more data is
   recommended before proceeding with enforcement actions.

   If the percent is greater than or equal to the numerical value below,  a
   prioritization procedure should be used to rank  the  importance of the  violation
   and then the designated enforcement activity initiated.
DESCRIPTION OF VIOLATION
                                                            DECISION POINT
1. STACK
              DATA
   Emission Limit Exceeded
                                                         Proceed with enforcement
                                                         prioritization ranking.
2. GEMS AND/OR FSA IS THE EMISSION COMPLIANCE METHOD
   (LT .» Length of Time}"

   EMISSION LIMIT EXCEEDED
   Formula: (LT In Violation/LT of Operation) x 100%
                                                                    1%
   EMISSION REDUCTION SHORTFALL      \                             1%
   rbrmula:  Percent of tine not neeting emission reduction
             requirement.  Formula: (LT In Viol. /LT of Oper.) x 10OS

   DMA ACQUISITION SHORTFALL,  FOR IOC AVERAGING TIMES.
   Formula:  (LT of Data Inadequacy/LT of Operation) x 100%
   DATA ACQUISITION SHORTFALL,  EDR SHORT AVERBGINS TIMES.
   Formula:  (LT of Data Inadequao//LT of Operation) x 100%
                                                                    5%
 3.  QMS AND/OR FSA. IS NOT EMISSION COMPLIANCE METHOD
    (LT =  Length of Time)

    EMISSION LIMIT EXCEEDED
    Formula; (LT In Violaticn/LT of Operation) x 100%
                                                                    5%
    EMISSION REDUCTION SHORTFALL                                    5%
    Fornula: Percent of tine .not neeting emission reduction
             requirement. Ebrmula:  (LT In Viol./LT of Oper.) x 100%
    DATA ACQUISITION SHORTFALL,  K>R LOM3 AVERA3IN3 TT'IES.
    Formula: (LT of Data Inadequacy/LT.  of Operation) x 100%
                                                                    5%
    DATA ACQUISITION SHORTFALL,  !DR SHORT AVERAGING TIMES.
    Formula: (LT of Data Inadequacy/LT of Operation) x  100%
                                                                    5%
 'Data Acquisition shortfall reflects the percentage  of  time a source  supplies data
  not neeting the standards set by the applicable  rule   (e.g., if data rule requires
  ..onitor availability 22 of 30 days; then dat* acquisition sliortfall  is the  difference
        n 22 days and the lesser nuntoer of days actually provided.)

-------
                                  - 4a -
(LT « Length of Time)

EMISSION LIMIT EXCEfDrD
(Except Cqpper Smelters)                                         5%
Formula? (LT. In Violation/LT of Operation)  x 100%

EMISSION LIMIT EXCEEDED
(Cqpper Sneltexs Only)                                           1%
Formula: (LT In Violatioa/LT of Operation) x 100%

-------
                              -  5  -

  DATA COLLECTION

       For those sources exhibiting performance  less  than the
  indicated amount in the table, collection  of more data  is
  recommended.  Acquire more data  means  the  source should be
  contacted to determine the specific  nature of  the apparent
  problem and the corrective action taken.   Often clarification
  of  such problems can be achieved through informal means
  (e.g.,  telephone) and additional review of existing data.
  However, if the available data is not  useful or conclusive,
  then a more formal mechanism is  indicated.  Formal  approaches
  include using Section 114 of the Clean Air Act, or  similar
  state authority, conducting a  monitor  audit or an on-site
  inspection.  This formal approach should be consistent  with the
  priorities in the CMS strategy.   Should  an inspection be the
  preferred mechanism, such inspection would be  scheduled using
  the "Compliance Monitoring Strategy  for FY 89."  Once the
  data is collected and analyzed,  the  agency should determine
  whether to proceed with an enforcement action.

  ENFORCEMENT

       The.requirement to initiate enforcement means  that the
  frequency of the violation is  great  enough that remedial
  measures are appropriate.  In  this case,  traditional
  enforcement measures according to EPA's  current practices
  should be  implemented.    .  }

       Due to various limitations, an EPA  Regional O.ffice or
 • State/local agency may not be  able to address all SO2
  noncompliers immediately.  Therefore,  an enforcement
  prioritization  scheme  should be developed.  Since e\ach agency
  has unique problems and commitments  with respect to SO2»
  a number of different  approaches are permissible.

       General considerations for any  prioritization scheme
  include:

       •  Air quality
       "  Konattainment  vs. Attainment  status
       0  Potential  emission  reductions
       *  SPMS commitments

  Inclusion  of these general  factors and their applicability
—*for prioritizing sources  is left to each  agency's discretion.

-------
                            - 6 -

     Specific factors that can be used  to prioritize SC>2
sources requiring remedial action include:

        Source compliance history
        Source's compliance rate compared to others
        in its category.
        Actual emission rate
        Control technology limitations
        O&M practices
        Frequency and magnitude of the  violations

     These specific factors should be woven anto the overall
scheme developed under the general considerations.   Each
agency should formulate it's own prioritization scheme as
soon as practicable.

     In addition, sources designated by the chart on page 3
should be prioritized for inspection consistent with their
ranking under the CMS process.  Any sources subsequently
inspected and found to be in violation  should then be
prioritized for enforcement action consistent with existing
guidance. . The results are, of course,  reported through the
Compliance Data System.                       't

DATA BASE REQUIREMENTS

     All data reported on an affected unit  should be entered
into the appropriate data system following  existing guidance
(i.e., enforcement  actions  in CDS and EER data  in the GEMS
Subset of CDS).  Guidance issued by SSCD on July 9, 1987
on  the CEMS  Subset  and Attachment B to "Second  Quarter FY 88
SPMS Reporting Instructions for the Stationary  Source
Compliance Program",  (March 15, 1988) provide  instructions
on  the input of unit-specific data, and the information to be
reported through  the CEMS Subset.

SUMMARY

     A strategy  to  maintain a high  level of SO2 compliance
must be incorporated  into each  yearly planning  cycle.   It is
recognized that  resource  limitations effectively prevent  an
aggressive follow-up  to each and every violation.  Therefore,
to  more efficiently utilize EPA  funding, this  strategy  has
been devised as  a means to  prioritize resource  expenditures.
    essence,  very  minor violations  require  only  more  data
collection rather than immediate enforcement actions.   Other
violations are  treated in a more traditional fashion.

-------
               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
       )                                   • •*

X «*•«•*"    ^*T           .-^-'.*,  .r.kr*~


                               SEP.2 3 1987 ,


     MEMORANDUM

     SUBJECT:  Review.of State Implementation Plans and Revisions
               for Enforceability and Legal Sufficiency

     FROM:     J. Craig Potter
               Assistant Administrator   *- >>^.-
                 for Air and Radiation /f  'J
               Thomas L. Adams Jr.
               Assistant Administrator for Enforcement
                 and Compliance Monitoring
               Francis S. Blak<
               General Counsel
               Office of General Counsel
                                                                     •
     TO:       Addressees

         One critical function that your offices perform is to
     assure that regulations developed for stationary sources
     by the States under the Clean Air Act are enforceable and
     legally sufficient.  Our regulations require that the state
     implementation plans ("SIPs") must "be adopted as rules and
     regulations enforceable (emphasis added) by the State agency"
     (40 C.F.R. S51.281  (1987)).  He are concerned that review of
     SIPs for enforceability has not been receiving adequate atten-
     tion.  The Agency sometimes experiences difficulties in its
     efforts to enforce  the current rules because they are not
     sufficiently clear.  The Regional Offices are at the forefront
     of the federal SIP  approval process.  The purpose of this
     memorandum is to remind you of the importance of doing the
     review necessary to assure that all SIP plans and revisions
     are enforceable and in conformance with the Act.  Please do not
     forward for approval SIPs which fail to satisfy the enforce-
     ability criteria7 in this memorandum.

     Background

     ^4f  Recent information indicates that the attention being paid
     to SIP approvals is declining, particularly for enforceability.
     The Office of General Counsel reviews regulations as to their
     adequacy under applicable law and Agency policy, but not for
     enforceability.  This void is not being filled by other offices.
     Often, the problems with enforcing the regulations are not
     immediately obvious and only become known where a case or issue
     focuses on the particular regulation.  At the October 1986
                                    6-4-1

-------
Annapolis meeting  of  Air Program Directors and Regional Counsel
Air  Branch  Chiefs,  a  number of problems in recent enforcement
cases due to difficulty in interpreting and enforcing regula-
tions were  discussed.  With the recent work being done to
address  the nonattainment problem, it is even more critical
that regulations be clear and enforceable.

     It  is  appropriate that the Regional air compliance staff
and  the  Regional Counsel's Office have primary responsibility
for  this enforceability review because they have the most direct
experience  in compliance and rule interpretation.  They also
have resources allocated through their workload models specifi-
cally for SIP review.

Timing of Review

     The Regions should try to review developing State SIP
provisions  prior to final approval by the State, when the
provisions  are at  their most malleable stage.  In line with
this, each  Region  should provide its States with a copy of the
implementing guidance associated with this memorandum and a
briefing which outlines the enforceability requirements for new
SIP submittals.  If we provide the States with more explicit
guidance and make  earlier contacts to resolve problems, we can
avoid instances where EPA is pressured to settle for a flawed
regulation  only because it is better than its predecessor.
                     »
Enforceabilitv Criteria

     Your review should ensure that the rules in question are
clearly  worded an* explicit in their applicability to the
regulated sources.  Vague, poorly defined rules must become a
thing of the past.  SIP regulations that deviate from this
policy are  to be disapproved pursuant to Section 110(a) of the
Clean Air Act, with appropriate references in the C.F.R.  Speci-
fically, we are concerned that the following issues be directly
addressed.  The rule should be clear as to who must comply and
by what  date.  The  effect, if any, of changed conditions (e.g.,
cedesignation to attainment) should be set forth.  The period
over which  compliance is determined and the relevant test
method to be used  should be explicitly noted.  Provisions which
exempt facilities  under certain sizes or emission levels must
identify explicitly how such size or level is determined.
Also, provisions which allow for "alternate equivalent techniques"
or "bubbles" or any other sort of variation of the normal mode
of compliance must  be completely and explicitly defined and must
make clear  whether  or not EPA case-by-case approval is required
to make  such a method of compliance federally effective.

-------
                                -3-
Conclusion

     S*P*r«visions shou>d"'be wrifitSii^cleacly, with explicit
language td implement their intent.  The plain language of all
rules,"as well as the related Federal Register notices/ should
be complete, clear and consistent with the intended purpose of
the rules.  Specific review for enforceability will be a further
step in improving the overall SIP process and structure.

     We have attached detailed guidance to assist you in
implementing this memorandum.

Attachment

Addressees:

     Regional Administrators
     Regions I-X

     Regional Counsels
     Regions I-X

     Air Management Division Directors
     Regions I, III and IX

     Air and Waste Management Division Director
     Region II
                            •

     Air, Pesticides, and Toxics Management Division
     Directors
     Regions IV and VI

     Air and Radiation Division Director
     Region V

     Air and Toxics Division Directors
     Regions VII, VIII and X

cc:  Deputy Regional Administrators
     Regions I-X

     Regional Counsel
     Air Contacts
     Regions I-X

     Air Compliance Branch Chiefs
     Regions U, III, IV, V, VI, IX

     Air Program Branch Chiefs
     Regions I-X

     Darryl Tyler, Director
     Control Programs Development Division

     Gerald Emison, Director
     Office of Air Quality Planning and Standards
                                  fc-H-3

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                               -4-
cc:  John S. Seitz, Director
     Stationary Source Compliance Division
     Office of Air Quality Planning and standards

     Alan W. Eckert
     Associate General Counsel
     Air Division

     Michael S. Alushin
     Associate Enforcement Counsel
     Air Enforcement Division

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              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                            WASHINGTON, D.C 20460
                       DEC \ 9  1988
                                                          AOl AND RADIATION
MEMORANDUM

SUBJECT:   Deficiencies with Region V SIPs
 FROM:      John S.  Seitz, Director
           Stationary Source Compli^jRre Division ^
           Office of Air Quality Planning and Standards

 TO:        David Kee, Director
           Air and  Radiation Division
           Region V


     The purpose of this memorandum is to summarize existing
 compliance policy  that addresses enforcement problems associated
 with the use of compliance techniques such as  variable emission
 limits in SIPs and to request that your staff  review the SIPs you
 currently have under development to ensure that they are in
 conformance  with these guidance documents.  I  hope that by
 conducting this review, we will be able to avoid problems such as
 those  recently encountered with the Indiana SO2 SIPs
 (Attachment  1).

     As you requested, I have reviewed the guidance discussed
 below  and feel, if applied to the  SIP packages in  a timely and
 comprehensive manner, that enforceable SIPs would  be promulgated.
 I urge you to review and follow this guidance  and  provide copies
 to your State agencies indicating  to them that you will review
 their  submittals against this guidance.  In addition, you may
 consider having your compliance staff conduct  a training session
 on the use of these guidance documents for those individuals that
 would  be directly  responsible for  their implementation at a State
 or Regional  level.

 Summary of Guidance

t    l.  December 11, 1979 - Promulgated policy statement entitled
         "Air Pollution Control:  Recommendation for Alternative
         Emission Reduction Options (the Bubble Concept) within
         State Implementation Plans* (Attachment 2).  The policy

-------
                                -2-
           •

         specifically addressed alternative emission reduction
         options within SIP revisions.  The thrust of its
         enforcement section is that all such revisions must be
         enforceable with the same degree of confidence, and
         result in a'comparable resource burden, as do
         conventional SIP revisions.

         Specifically, in its section entitled "Conditions for
         Using the Alternative Approach, Enforcement
         Considerations" (D, 2.) it stated that revisions must
         contain:  "an easily enforceable technique for multiple
         emission points .....  In general the new limits must be
         at least as enforceable as the existing requirements.
         This applies with special force to alternative control
         strategies that involve multiple sources."  Furthermore,
         in its section entitled "Summary of Comments - Resource
         Burden" it says "if a State does believe that reviewing
         or enforcing a particular alternative approach would
         require excessive resources (compared to conventional
         SIPS), the State is free under Section 116 of the Clean
         Air Act to reject the approach on that basis."

     2.  September 23, 1987 - Memorandum entitled "Review of State
         Implementation Plans and Revisions for Enforceability
         and Legal Sufficiency," signed by J. Craig Potter,
         Thomas L. Adams and Francis S. Blake (Attachment 3).
         This memorandum states that it "is applicable to all SIP
         proposals which have not (as of September 23, 1987}
         completed the State or local agency legal and procedural
         requirements of SIPs."  It provided a grandfather period
         which ended on November 7, 1987.  It states that "SIP
         packages currently in Headquarters will undergo the usual
         review but will be returned to the Regions if they
         contain deficiencies which raise significant questions as
         to whether the regulation would be enforceable."
         Furthermore, it stresses the need for specific test
         methods, recordkeeping and reporting "commensurate with
         the regulatory requirements."  It also requires
         submission of a completed Enforceability Checklist with
         each SIP that addresses test methods, recordkeeping,
         exemptions, etc.

     I believe current guidance and Agency practice dictate that
..«FPA reject State .requests to approve variable emission limit SIP
 revisions unless they address at least the following items:

     1.  Clear and specific requirements that result in agency
         confidence  in compliance findings and provide the ability
         to determine source compliance without increasing agency
         resource burden beyond that which is required by
         conventional SIPs; and

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                               -3-

    2.  Specific test methods, compliance procedures,
        recordkeeping and reporting requirements commensurate
        with the complexity of the specific regulations.  In many
        instances this may require CEMs as a compliance method.
                   •
    Given the current guidance and the expertise available within
your compliance staff, I believe we can avoid future problems
with enforceable SIPs from your Region.  To this end, I request
that you review those SIP revisions currently under development
within the Region and identify any package which does not conform
to the guidance.  In such an instance, please notify me by
January 31, 1989 with the following information:

    1.  Justification why you are recommending approval;

    2.  What specific steps have already been taken by your staff
        to ensure the package's conformance with the guidance, or
        if not taken when will they be taken;

    3.  What additional steps you will take to avoid problems in
        the future.

   . I believe if we all work toward the same goal we can quickly
approve clear and enforceable SIPs without delay.

Attachments

cc: Gerald A. Emison
    John Calcagni
    Allan Eckert
    Terrell Hunt
    Richard Roos Collins
    Larry Kertcher
    Steve Rothblatt
                               6-5-3

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                       ATTACHMENT 1

             Deficiencies with Indiana SO2 SIPs

     The concept of "variable emission limits" creates the
primary problem with these SIPs.   As depicted in the section
entitled "STACK TESTING REQUIRED TO DEMONSTRATE COMPLIANCE
WITH VARIABLE EMISSION RATE SCENARIOS", SUCh limits
substantially increase the complexity and burden upon
compliance agencies and reduce their confidence in source
compliance.  Other deficiencies include the requirements for
monitoring, recordkeeping and reporting of emissions.

     Although the subject SIPs were approved and promulgated,
I suggest that your staff encourage Indiana to incorporate a
"fix" into each source's operating permit to address the
problems discussed below, submit them to EPA as SIP
revisions, and rigorously enforce the existing SIPs in the
interim (e.g., upgrade its draft "Guidelines for Enforcement
of 326 IAC7-1" dated 4/12/88).  I also suggest that the
Technical Support Documents reflect the enforceability
concerns.
               *
STACK TESTING REQUIRED TO DEMONSTRATE COMPLIANCE WITH
VARIABLE EMISSION RATE SCENARIOS

ASSUMPTIONS

     Source is comprised of four individually regulated
units; and regulation permits source to choose from among any
of four different emission limit scenarios (varying scenarios
are reflective of alternative fuel allowances for each unit).

REQUIRED STACK TESTS

Scenario     Unit Number
          1234
A
B
C
D
X*
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
*  "X" denotes that an individual test is required, for a
    total of 16 emission tests

     In addition, each unit's emissions have to be within the
limit for a given scenario.  That is, all units must be

-------
within the  limits  of scenario A when operating  in that mode,
likewise  for  scenarios  B  through  D.    This  may  require
additional  simultaneous  sampling of units 1-4  for scenarios
A-D  in  order to demonstrate the source's ability  to  comply
across units  (e.g.,  four additional tests at four different
scenarios,  for  a  total  of 16  more emission tests).   Also,
since units 1-4 are  eligible to vary limits and associated
fuels, there  is a presumption  that they will do just that.
This  decreases  our  confidence  that the units will maintain
compliance  with   their   operating   scenarios,   without  the
acquisition   of   some   form   of   continuous   monitoring
information.

     This  contrasts  with  the  "conventional" emission limit
which prescribes  a  single  limit  based on the combustion of
one  fuel  type.   This would typically require a single test
and  some  lesser   degree  of monitoring  in  order  to  ensure
continued compliance.

     Our   conclusion,   therefore,   would   be    to   require
continuous  emission  monitoring  as  the  compliance technique.
This  would  provide   EPA and the  State  with the level  of
information necessary to make  a  compliance  determination at
all times.

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 71780   '  Federal Register / Vol. 44. No. 239 / Tuesday. December 11.1979 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY

40CFRPart52

(FRL1360-3)

Air Pollution Control;
Recommendation for Alternative
Emission Reduction Options Within
State Implementation Plans

AGENCY: Environmental Protecttoa
Agency.
ACTION; Policy Statement	

SUMMARY: The policy statement set forth
below (1) outlines how states can revise
their State Implementation Plans to
permit sources to place a greater burden
of control where the marginal cost of
control is low and to reduce control
requirements where the cost is high and
(2) encourages states to be receptive to
proposals from sources seeking to
employ a more economically efficient _'.
mix of controls.     .."	•'• ...  :. ..••• ^
   This policy statement, commonly  ""'•-
referred to as the "bubble" concept is
one in a series of steps designed to
produce a coherent-easy-to-use system.
 which we have sometimes called . ~.~.
 "controlled trading." Other steps have
 included the offset and banking policies.
This system will reconcile improved air
 quality with economic growth at the
 least possible cost encourage firms to
 develop new ways to control pollution, __
 and enable government and industry to*
* solve problems more flexibly.   •  „ • •'
 EFFECTIVE DATE: December 11.1979. • y~,
Glen Hanson. Chiet PA. DE, WV Section. Air   for public comment in each proceedina"
  Planning Branch. EPA Region ffl. Curti* .  ^Jthat places alternative control
  Building. Sixth and Walnut Street*.    ••-'.'            -    ~
  Virginia, West Virginia. District of    "   ':: Therefore, although the public has had
  Columbia).                    •   '   -  the opportunity to comment on the   •--•
Roger Pfalt Technical Adviaor. Air Programs '..issues in this policy statement EPA will
                                       •1 consider additional comment on these
                                        same issues in individual proceedings.
                                        Policy Statement on Alternative
                                        Branch. EPA Region IV. 345 Courtland
                                        Street NE, Atlanta 3A 30306. (404) 881-
                                        3288 (Alabama. Georgia, Florida. Kentucky.
                                        Mississippi North Carolina. Tennessee.
                                        South Carolina).     .               :  •
                                      Ronald Van Menhbergen. New Source   '>
                                        Review Coordinator. Air Program* Branch.
                                        EPA Region V. 230 South Dearborn Street
                                        Chicago.JL80604.(312)888-6037(Indiana.  ~f..-+r -»     .,  A .*     .     . .'";*'
                                        BUnoU/Mlchigan, Minnesota, Ohio.   ; V -'^ **? Cl1!an *? A,ct ""I"1"9 •£*«* to
                                        Wisconsin).                  •.-:'"'.. .~~J develop State Implementation Plans
                                        Slate Implementation Plans
                                        • •' #••*
                                       ; Introduction
                                         (415) 556-6063 (California, Nevada,
                                         Arizona. Hawaii. American Samoa. Guam.
                                         Northern Mariana Islands).      •%_  .
                                       Dave Bray. Technical Support and Special
                                         Project* Section. Air Programs Branch (M/
                                       .• S 625). EPA Region X1200 Sixth Avenue.
                                   "'; ? '. -Seattle. WA 98101 (206) 442-1125 (Alaska.
FOR FURTHER INFORMATION CONTACT!  •"-•«•»««-'—— «	u-u_i      .--••_.
  General inquiries regarding the policy
may be directed to:

Deborah Taylor. Office of Planning and
  Evaluation (PM-220). EPA Headquarter*.  .    .EPA has extensively evaluated the
  401 M Street SW, Washington. DC 20460. •"'
  (202)755-2770.             • ^,. •».;.-•
Leo Slander. Control Program* Operations
                                        (SIPs) and source-specific compliance']'
                                        schedules to attain and maintain  rrSfjf;
                                        ambient air quality standards. In   * iV^
                                        developing these plans, states establish
                                     ~ • emission limits which, when applied to '
                                    >_.emission points contributing to the  -7^
                                     . 7; ambient air problem, .are calculated to ^
                                    ^5'. ensure that the standards are met In  3§
                                    *£i?naldng these decisions, states regularly.
Elliot Cooper. Planning and Operations"* •' '•££-take into account the nature and amount:
  Section. Air Program* Branch. EPA Region "'•' of emissions from each emission point. *$
  VOL 1860 Lincoln Street Denver. CO 80295. .-"the control technology available, and  &
  (303) 837-3711 (Montana, Utah, North   ~; -Slhe time required for its installation. '
  Dakota. South Dakota. Wyoming, ...    ^".'-"^ SIPs, however, are not always as
  rSnifw^FnoinMwin. «~*t«f. Ai,"" -frv^r *conomicany efficient as they could be7
  •rKS &SS^ i^n ntiii '•-*->'and current regulations and policies do
  Tecnnicaiorancn,crAKegionIA,zis .—JTVT-  .      .       (  .     \      ...-j-i.
  Fremont Street San Francisco. CA 94105.     ?°»P«"»P» companies to seek
                                       Randy Brown, Chiet Technical Support
                                        Section. Air Program* Branch. EPA Region
                                        VL1201 Elm Street. Dallas, TX 75270. (214)
                                       • 787-2742 (Arkansas. Louisiana, Oklahoma,
                                        New Mexico. Texaa).      - '     : „•  .-
                                       Gale Wright Chiet Technical Analysis ~.  \
                                        Section. Air Support Branch. EPA Region
                                        VQ. 324 East llth Street Kansa* City, MO
                                        84106. (818) 374-3791 (Nebraska. Iowa.  :.
                                        Kansa*. Missouri).                ^*
                                        innovations in control technology. For:;
                                        these reasons, the Environmental
                                        Protection Agency is adopting this  '-3	
                                        policy explamiog how plants can reduce
                                        control where costs are high in   -jagg*
                                        .exchange for a compensating increasajn
                                        .•control where abatement is less  '-'.ViV

                                                                                advantages ana conditions of use, ana
   Branch. Control Program* Development
   Division. EPA. Office of Air Quality
   Planning and Standard* (MD-1S). Research
   Triangle Park. NC 27711. (919) 541-5365.
  foral
  be directed to the appropriate regional
  contact               .
  Unda Murphy. Chiet Stationary Source
    Section. Air Branch. EPA Region L JFK
    Federal Building, Boston, MA 02203. (617)
    233-4448 (Connecticut Maine.
    Massachusetts. New Hampshire. Rhode
    Island. Vermont).
  Kennth Eng. Chiet Air and Environmental
    Application* Section, Permit*
    Administration Branch. EPA Region 0.28
    Federal Plaza. New York. NY 10007. (212)
    2*4-4711 (New York. New Jersey. Puerto
    Rico. Virgin Islands).
 alternative emission control approach   -*r (3Jbe receptive to proposals from __
'and has considered comments submitted>'. sources that want to use a more cost-"-
 regarding the proposed policy. As a  ^^'effective mix of controls. Properly  .
 result Jhe Agency has made three key  ^applied, this policy should promote!
 changes in the policy: (1) Sources may .  -'^greater economic efficiency and  -^L
 use alternative strategies involving more "increased innovation by providing pi
 than one plant; (2) states may consider -^-managers with an economic incentive to^
 open dust trades in some circumstances, -develop new control strategies. This Is a"
 though/EPA will closely scrutinize such  ^ rare opportunity to provide such positive
 requests and will require conclusive  'r-t{"' Incentives.  -•- *' *• —— •  • n .^ajjSr
 demonstrations of equivalence before '~*ar-^'lt is important to note, however,Jhat;;
 granting approval: and (3) EPA may  —:'•' with one exception EPA can only ^=SB
 approve compliance date extensions In  ^. approve alternative control strategies to.
 special cases. The policy also contains  ^Var*" when states have successfully .*
 many-darificaUons and less significant
 changes. These are discussed In the .
 summary of comments, which follows
 thepolicy statement         •  -r;.
   This policy statement  does not  '~''~'-
 establish conclusively how EPA will ./
 resolve issues in individual cases. The"	
 Qean Air Act and the Administrative -rr-excess of the SIP requirements or
»Procedure Act guarantee the opportunity '** weakening enforcement To
                                                                             -.; demonstrated that they can meet air
                                                                             .:• quality standards by the statutory .£  ,
                                                                             ^deadlines. Therefore. EPA will not allow
                                                                               sources to use the alternative approach
                                                                             'S'm a way that Jeopardizes attaining .^S
                                                                             ^.requirements of the Qean Air Act bygL
                                                                            .^"permitting degradation of air qualir/hv
                                                                                     • * / '!• •


                                                                                     - -1r-

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          Federal  Register / Vol. 44. No. 239 / Tuesday. December 11. 1979 / Rules and Regulations   71781
problems. EPA ha a carefully stipulated
the use of the alternative approach, as
described in detail in the body of this
statement
  With this policy, we are urging states
to be receptive to alternative emission
reduction applications whenever eligible
sources propose them and particularly
when the states an drawing up or
revising SIPs.'EPA will work wi.th the
sta tes in expediting the SIP revision
process, especially where the trades are
straightforward. The Agency is     '• • •
committed to promptly reviewing      '-
alternative proposals so  that the.      •
maximum benefits can be derived from
this policy.             .•'••'•

The Alternative Emission Reduction
Concept          '     ...     ,
A. What Is the Concept?    .    .
  The primary, tests to which EPA
subjects State Implementation Plans
include: *  •    •  '    .»•-.•'. «_~'
  • Do their provisions ensure the    "";.
attainment and maintenance o£ ambient
air quality standards as expeditiously as
practicable?          v  • • .  ...  '•.
  • Do their provisions ensure
reasonable further progress toward
attainment?             '           "•
  • Are their provisions enforceable?
If the control method adopted meets
these requirements. EPA generally does
not stipulate the degree to which a
source must control individual emission
points.           •  •    •  '     '
  Under the alternative  emission
reduction concept a source with
multiple emission points (stacks, vents,
ports, etc.)—each of which is subject to
specific emission limitation '• ..-•
requirements under an approved SIP—  j'
may propose to meet the. SIP'S total   '...'
emission control requirements for a  ' •
given criteria pollutant with a mix of
controls that is different from that    •';
mandated by the existing or proposed
regulations. Sources will have the
opportunity to come forward with
alternative abatement strategies that
would result in the same air quality  -.'
impact but at less expense by placing
relatively more "ontrol on emission
points with a low marginal cost of
control and less on emission poults with
a high cost       .  . - -    -. •
  Of course, these strategies are subject
to restrictions that might apply under   '
the Clean Air Act. such as National
Emission Standards for Hazardous  ' •
Pollutaftts (NESHAPS) or rules for the
 Prevention of Significant Deteriora tion
 (PSD).
   EPA has already Introduced the
 concept of trading emissions in previous
 policies. For example, the concept is
 generally similar to the offset policy (40
 CFR. Part St Appendix SJ.
     B. Eligibility          S
       ^Applicability. Sources may apply
   .  for alternative emission approaches for
     existing* emission limitations  •  '
     established under Section 110 and/or
     Part D as part of the SIP. Sources may
   •  also propose alternative approaches for
     SIP requirements that are under
     development This policy statement
     does not apply to or supersede the
   ;.- conditions that sources must meet under
     nonattainment or PSD permit programs.
     New Source Performance Standards
     (NSPSJ, NESHAPS «. or other conditions
     that the Act specifically requires for
   .. new or modified sources. Separate * ••/•'•
   _• Federal Register notices * discuss.  ..:.-«•
   "• requirements for trading under permit •:
     programs for new or modified stationary
   • sources.  •  •*•.--..  •  ••—• ••-   •;••_ .
   -.-   Z. Demonstration of Attainment by  :
   '• Statutory Deadlines. Sources may use
     alternative emission reduction
     approaches only in areas that can  .   •
     demonstrate attainment by the statutory
    ' deadlines (and reasonable further
    '. progress toward attainment) for those
     pollutants included in emission
     reduction alternatives. An adequate
     demonstration may include   .  -• •••:•»
   •  commitments to specific control j -M
     measures on a specified schedule. •  .-.;•*
   ' • However, trades involving emission
•- •"-;;' points that will be regulated in the
   '• * future under such commitments may not
   '-' be undertaken until the state adopts the
     measures. A state may submit an   • • % -.
    V alternative control strategy involving ' ;
   - • these emission points at the same time
    .-or after it submits its newly adopted  -•
   '• general regulation to EPA for approval
       There is one exception to the   . .„•:.- •'••••.
   _;. condition that areas demonstrate
     attainment before alternative control
     strategies are allowed. Under certain
     .circumstances, ozone SIPs may be  .  •
      approved by EPA despite a failure to
                                                                           - a.
   ^tfltUeg" mltffkn ItaJUtkuu w* (ho**
  rtqulremaU Uul UM tUU IM* (depud or EPA hu
  promalfaltd «« th« Urn* • tourc* propoM* «a
  •Jtenuthr* itralefjr. SUIM may lubmil iltenuUva
  ttralefia to EPA « UM Mm* Urn* or «/i«r tiwjr
  nbmtt ihcir •pplleabU Mwly •doplcd *UU    ,
  f«ful«Uoo».                  ...    .  '.
   • Under UmlUd drcamttutcM. toure** ouy
   •Uodw UM Oca AJr Act la ccftila C«MA EPA
 •My draw up or ttviM SIP*. la tboM CMC*. «• wffl
 •dviM 
     forth alternative control strategies   ..-;"_>
     would only protract and confuse efforts ",;
     to enforce the SEP. Sources that have .. • '
     successfully deferred compliance would
.  •- be tempted to use the alternative
  .:  approach to argue for further delay or to . ..-, ••
'" -" alter emission requirements so as to   -rc.i.:
'• -i.' • frustrate enforcement efforts. Permitting .- ~~-
'.i-r.ri use of the alternative approach in such . -».^;J*:
/j-^ instances would only serve to continue -.iitfSfs
 .''"!; unlawful pollution and increase the  '"?'$£-•'-•
    •. inequity between sources that have  -~^rsrB
     incurred the expense and difficulty of ^
    : compliance and those thathave so far •-
   i'* avoided compliance.   -— • »<••«•> -' P •
   -.  . Accordingly, sources that wish to use
   *•: an alternative control strategy, but have
     not yet reached an EPA-approved
   ••- agreement with the state (or reached  . '.•
   - agreement with EPA as appropriate) on
    "' their compliance schedules for all of the
     emission points included in the
   ' • alternative approach * or are not
     complying with these agreements, may
     • apply for the alternative approach only
     • if they:       •-.-      •:*>•.. ,..
     •   L Come into compliance: or  - 	**
        1L Meet an EPA-approved compliance
      schedule; or   ".'".•• .  -. s.-  : • •   • • »
     •:•  Ui. Become subject to court decree: (1)
   •  In an action in which EPA was a party
      or which decree EPA has found to be
    •S*t HM Emiaaioa Gib* latetpraUUvt Rulfa|. 40
  OR Part St. Appmdix & u revised 44 re 3274
- Qtaury is. isni: propOMd tula. 44 FR S1K4

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71782
           Federal  Register / Vol. 44. No.  239 / Tuesday. December 11, 1979 / Rules and  Regulations
  satisfactory, and (2) which decree
  recognizes the possibility of SIP revision
  and allows for timely modification of the
  decree without delay in the final
  compliance date.      .  • •
    To be acceptable, any compliance
  schedule under U and any decree under
  iii (1) must set out a timetable and
  emissions limitations with which the
  source has agreed to comply (Le» to not
  appealing or otherwise contesting). (2)
  must provide for a resolution of penalty
  issues and other sanctions, and (3) must
  not contain any provisions allowing the
  source to delay its compliance or to
  avoid sanctions for noncompliance with
  the existing requirement until EPA has  ;•
  promulgated the alternative proposal as
  a'SIP revision.  . .   ', .. . . . ,....'. .i.; .

  C. Implementing the Alternative  '•'  ;  •'•'
  Approach     . •  '•   " •. • .' ':  :.•:  •
    1. Sources Initiate Alternatives. It is
  the regulatee's responsibility to come  . ;
  forward with the alternative control  ...'"_
  approach. EPA encourages the states.. ^
  also to require the regulatee to   .."..' ;,~*';
  demonstrate satisfactorily, entirely af'":" ^
•  its expense, that the proposal to  ;' ";; '• -"
  equivalent to the existing SIP  ;."" :"/". .
  requirements in enforceability and •''"'••
  environmental impact Because of the
  cost we advise sources to discuss the
  demonstration requirements with
  control agendes before preparing the
  demonstration. Control agendes.  '  -  •
  however, should not begin to formally  ' • •
  review proposals until the source has
  completed the demonstrations. In this
  way the resource demands on control
  agendes are limited primarily to   :. •
  deciding what kind of demonstration to  ' •
  required and to reviewing the results. To •
  minimize the possibility of subsequent  ' *
  delays. EPA also encourages control   -—
  agendes to discuss issues with EPA as
  they arise.    . _:, .*-•-•• *'-,:-¥-; -V'-M? •
    The process of approving alternative
  control strategies will differ depending   •:
  on whether the source to proposing an
  alternative to existing SIP requirements • •
  or to requirements that are under  :•"••-/•
  development Where existing SIP  •  •'•'  •
  requirements are concerned, overall   .' • -
  emission limits and compliance     • . *"
  deadlines are known. Once • plant     .  ;
  comes forward with a promising   '
  alternative proposal that seems capable
  of attaining the goals of the current  •
' compliance schedule, the control agency
  will dedde on a test to verify the  ... - -
.  equivalency of the proposed trade. If the
  source to able to present evidence that  .
  the control agency Judgesio be  •  .,.. .-• ••
  suffident the control agency may .    -
  submit the alternative approach to EPA
  as a SIP revision.      .  •••'.•;'...-'
     Although sources may propose an -'''
  alternative for existing SIP requirements
                                      at any time, it to clearly to their   •  :	
                                      advantage to do so as early as possible.
                                      Control agendes should expect sources
                                      to meet the requirements of their  ... ••• -o.-.
                                      existing schedules on time until EPA   ' -.-
                                      approves the alternative approach. In    •
                                      some cases, a source may have to make
                                      a pollution control investment that it
                                      would not have to *aake under the   "  :
                                      alternative approach. By presenting
                                      alternative proposals as early as   .•:•'. ^?
                                      possible (preferably during the    :•: •-•:'-•
                                      engineering and design period that to  :> ••
                                      provided at the beginning of most  .::: •' •'•
                                      compliance schedules), sources can  • •*'•'
                                      avoid such conflicting investments.  .  •''• '•
                                        When a state (or EPA) to developing  a •
                                      new SIP. sources may present a   '  : • ' .- i
                                      counterproposal in antidpation of  •;::::.>.>
                                      overall emissions limits or in response   " •'•
                                      to limits being proposed. The source
                                      would then have to show that its    ;'•;;.''.",
                                      alternative mix of controls would be'' • * A
                                      environmentally equivalent to the  ;"; ««? a
                                      process-specific standards. If the '• ^wEtf!
                                      demonstration to successful, the state "•"**
                                      can adopt the counterproposal as part of ~
                                      ihm CTO     ..,.-.   .   . •  • ^.n<—..,.
                                      1116 DU.  : •  -   •    '••  -   -- . *..i;i«r**..
                                       needed for the auto assembly category
                                       This approach would allow the source
                                       achieve the same overall emissions
                                       requirement at a lower cost  .•<-.-•".-
                                         2. SIP Revisions Required. Each
                                       alternative approach must be adopted
                                       a SIP revision approved or promulgate-
                                       by EPA.* • ;••":_ i,-;^..;•.:..  •• ••••."ry .»•:...
                                       D. Conditions for Using the Alternative
                                       Approach '	•*^;^'it   .  .- ;'(. "//*..."..
                                         States applying the alternative.  -*-~
                                       approach must continue to ensure (1)
                                       attainment and maintenance of ambien
                                       air quality standards as expeditiously t
                                       practicable. (2) reasonable further . '-.-
                                       progress. (3) enforceability. and (4)  "-
                                      >coinpliance with all other requirements
                                       of the Act To assist states in achieving
                                       this basic requirement EPA has •.'>.••—
                                       established certain conditions that an
                                       alternative approach must meet before
                                       can be approved. •..':~  !J'. .4.X; ',".*• ~-
                                       •  t. Air Quality Considerations.^-^ AJi
                                       quality standards must be met, The.;:~'
3                                                command of the statute is to
                                                maintain ambient air quality
                                       standards. Many states have been _.,£.'
Power Plant in Ohio provides one
example of how a source can use the ". 1 ;,<
alternative emission reduction  .•&«*~;V^
approach. This SIP regulation contains

power plant may use in lieu of a uniform
limit, at each of its five boiler stacks. The
plant still must meet specific limits at its
individual stacks, but it can select these  '
limits by using equations that make the ""
air quality effects of the emissions under*
the emission reduction alternative equal
                                                                            Whe« the wvi^ plans are inadequate
                                                                            to "ft *• ^tutory deadlines   •
                                                                            contatoed in the dean Air Act as .
                                                                                           majr not approve ;
                                                                             Furthermore, if attainment is not
                                                                            .achieved as expected in the areas when
                                                                             the revised plans were approved,. ..*&*
                                                                            '.control agendes may require sources to
                                                                             install more stringent controls on  '
                                                                          -
                                             ->.,.»,)    Jhm    .• *.- ..- emtosion points may be releasing less
                                       of k plant's production process that «Slt  ^SSSXSXXSSSr
                                       the same kind of polluUnt For example, ^^lS^JfSS!SS^\
                                       could reduce the amount of control  »»•-•>». SIP.  r.r* T.—L r-—•• -

-------
     ;r-   i
 ...
lent .-.;;-.%'
at* -:-^-:.
  ••.. -.
ire it ,:>v
UM. /ll-


late ;£:"V
  ,
 here - V
  ••^Tar '
 s to ,\ '
  ing  -.
  with.  .
  »  *./ .
  * • *••*•
  lew  r
  >n*   )
  they  .'.
  on .
  rting  .
   dude
   {*•   .
    ..-•*•
                         Federal  Kegistcr / Vol. 44. No. 239 / Tuesday. December 11. 1979 /.Rule*' and Regulations    71783


                                                      do not affect the use of such processvJ^latesVsowee"s"hutdown*. and averaging
                                                      controls. These modeUng,   :  .... v^sytaw {>determining whether a trade
 control strategy that is not accounted for
. in the state's control strategy, the source
 must demonstrate that consideration of
 the additional emission does not affect
 the state's demonstration of attainment
   States must also disapprove proposals
 where controlling one emission point   *
 less and another more might violate a
 basic condition of attainment even
 though total emissions do not increase.
 For example, particulates emitted from a
 stack might have a totally different and
 more harmful impact upon ambient air
 quality than road dust stirred up by
 trucks within the plant site..'  .   •   r
   EPA will insist on an adequate
 equivalency demonstration proving that
 the alternative emission reduction
 approach will result in attainment and
 maintenance of standards and will     :
 comply with Prevention of Significant  :.
 Deterioration requirement*. The greater .
 the difference in the types of emissions  .
 to be traded, the more detailed the
 demonstration must be..Thus, a trade '.;:''.
 between a stack emission and a fugitive
 emission will require a more detailed
 demonstration of equivalence than
 would a trade between two emissions of
 a more similar nature, such as two   J;M "
 closely located stacks of the same
 height        •          '      "•' •
   This condition wfll apply with  '    '*
 particular force to trades involving open'
 dust emissions (such as emissions from
 roads and storage piles). It is especially
 difficult to ensure equivalent effects on
 air quality for such trades because of (1)
 the uncertainty in determining emission
 rates from open dust sources. (2) the
 difficulty of predicting the effectiveness'
 of control technology, and (3) the
 shortcomings of air quality models for ' *
 this type of source. In addition, the   '•' '•
 adequacy of modeling techniques has   •
 not been verified for certain situations.   . -
 As a result there is substantial  •
 uncertainty regarding the accuracy of
 some model projections, such as for the
 complex interaction between open dust
 sources and structures at industrial  "" •• •
 sites, although these techniques may be
 verified and improved in the future. In
 such situations. EPA believes that the
 economic benefit* that might result from
 a reduced marginal cost oftontrol are
 not sufficiently great to outweigh the
 risk of having trade* approved that
 would not adequately protect air quality
 standards. Therefore. EPA generally will
 not approve any proposed alternative
 -entission strategy based on a modeling
 demonstration that proposes to
 substitute controls on open dust  •.»'—•"•
 emissions for reasonable controls on the
 more significant sources of process    «
 emissions.          • •    •  . •. _>.-L.'..° '
   Sources may use modeling   •• '•*-*•*•'••
 demonstrations for open dust trades that
                                                      demonstrations must be particularly  '&5*m result In equdemissions.
                                                      comprehensive, and states should .^ =* f^ne test for equivalence will gene
                                                      review them with special care. The ,•.&.-['-. be consistent with the SIFs       '
                                                      diffusion models used for open dust  ^'i demonstration of attainment Some .'
                                                      demonstrations are generally more '-^L; • demonstrations are based on
                                                      complex and more se'-sitive to input .T.^ .* atmospheric simulation modeling, while
                                                      data than those used for stack  . vMV.p,-;Xother* are based on more simplified
                                                      emissions. EPA will insist on a thorough  •; techniques, such as linear rollback or an
                                                      justification and explanation of the •%£. : ."example" region approach. Sources in
                                                                                     "     "
                                                                                         .
                                                     basis for all critical Inputs to the  '-" 45js-"o *reas "here • •implified demonstration
                                                     emission and air quality calculations. ..5l1'. ."• of attainment has been used may show
                                                     There are a number of factors that '  U^ ;•; equivalence by establishing that the
                                                     control agendes should keep in mind ~4.£,overaQ emissions level will not increase
                                                     when evaluating open dust modeling » -ii if UM alternative approach is
                                                     demonstrations.    ....     ^ >';,i>"5iSo?'Vtop'eaiented-  -'
                                                       as the Industrial Complex Source Model r PX- *"*•*• requre ar quaity moeling to
                                                       Both •Bttoal and •hort-tena concentration*"/., demonstrate .that the Increases and
                                                       must be examined, and particle deposition '; • decreases In plant emissions will not
                                                       and fallout should be taken into account, .^''.adversely affect air quality in the area
                                                     •Control agendes should ensure that the  ^5fe affected by the sources. Such
                                                                                                                      *
                                                        tniange should be used. This   .** -«-'      «»«• «ses were the SIP
                                                        determination should include consideration "*• requirements an derived through
                                                        of any relative uncertainty in the  : :,, :..-•-,": .' modeling. EPA will require a modeling
                                                        effectiveness of control technology and of .. ' demonstration to ensure that the trades
                                                        any expected variation in emissions with ^'^wiU result In the same air quality level
                                                        plant utilization.           '  :  'V^~T- overau^ and emissions may vary
                                                      •In demonstrating the adequacy of a r^te-^ accordingly. Ideally, in all instances.
                                                        parUculat ^mix of controls to attain *••>*&- to,a emissions levels will also be
                                                                                                     ^T-
                                                       emUsionrates that are legally enforceable. :.:«• emissions trades may e necessa
                                                                             '.      •    ,.-. In some cases to protect ambient air
                                                       As an alternative to modeling, sources   : quality. This could occur, for example.
                                                     may demonstrate the equivalency of the / where stack heights are different or
                                                     trades by installing the open, dust source ,\ where emissions are so difficult to
                                                     controls and monitoring the results. In  "Sr- quantify or model that a margin of
                                                     making this showing sources and control' ^safety Is'necessary.  '.V_:'
                                                     agencies should be sure that monitors''^:-; EPA recognizes that the bean Air Act
                                                     are properly sited and that data are  ~ ;?v permits states lo revise their SIPs to
                                                     collected over an appropriate period of .J* allow Increases In total emissions. There
                                                     Ume.           •     •  •'••*"
                                                       b. All emissions under the alternative /.'• authority: The revised SIP must
                                                     approach must be quantifiable, and v^r'demonstrate attainment and        _
                                                     trades among them must be even, A '.**^" maintenancVof the standards: the
                                                     source that wishes to control one' T^rS:^? requirements for reasonable further  ...
                                                     emission point less in exchange for • ~?i:£ progress In reducing emissions and for
                                                     controlling another emission point more " -':• attainment a* expediUously as
                                                     must demonstrate that the trade will in ..*.-*, practicable must be satisfied: and the
                                                     i—. i	M_,	1.. t__ j— it   •   fgyjjiQBj most not interfere with the
fact be even. This can only be done if
the emissions from both emission points
(and increases and decreases in them) '
can be acceptably quantified and  '. V,.
related to ambient air quality  . • '.Y^ :
consideration*. Direct measurement 1*
preferred, although indirect     :  ;/   *
quantification i* acceptable if a source
establishes a clear and convincing link
between the emissions and other  *..'..'
quantifiable measures, such a*  ...Ji..!
application rate*, work practice*, or  .~
equipment standards. Section IV.C of .'.
EPA'* Emission Offset Ruling contain* .
guidance on such items as operating   ..
                                                                                          ,
                                                                                           '
                                                                                            Prevention of Significant Deterioration
                                                                                            program. However, the fact that the Act
                                                                                            does not completely prohibit SIP
                                                                                            revisions that increase overall emissions
                                                                                            does not lead EPA to encourage such
                                                                                            revisions as an element of this policy
                                                                                            atatement''.••;£.•„ o •—.-••
                                                                                            • •  In EPA'*'opinion there are important
                                                                                            policy reasons to discourage SIP
                                                                                            .revisions that Increase overall
                                                                                            emission*. A growing number of serious
                                                                                            air quality problem* an now recognized
                                                                                            •• covering broad region* of the country:
                                                                                           -:Ozone violations, elevated sulfates

-------
 71784   Federal Register / Vol. 44. No. 239  / Tuesday. December 11.  1979 / Rules  and Regulations
 "acid rain." and visibility reduction. SIP
 revisions that permit significant
 increases in total emissions of the
 criteria pollutants can exacerbate some
 or all of the current wide-scale air
 quality problems. Therefore, EPA does
 not encourage by this policy, or as a
 more general matter. SIP revisions that
 result in overall emissions increases.
 More specifically. EPA •will not approve
 such SIP revisions to the extent
 consistent with its current legal " '",'
 authority.             - -   •••-••''
   c. The pollutants ander-the alternate
 proposal must be comparable. Clearly.
 sources cannot apply trade-offs across
 criteria pollutant categories, e.g* they *
 cannot trade SOi against hydrocarbons.
 Further, even within a category,
 pollutants that pose significant health
 hazards cannot be traded against less
 harmful pollutants. For example:    '  "
   L Coke oven paniculate emissions.  . '
 because of their carrinogencity. should
 not be traded against particulate  ~;'  V''
 emissions from any other source. "• •'•'••'•'
   IL Some criteria pollutants are also
 hazardous pollutants (e^j., vinyl chloride
 and benzene are hydrocarbons that
 have been designated as hazardous "  •
 under section 112). Emissions of criteria
 pollutant* that contain hazardous  '   •
 pollutants can be used in alternative
 emission control strategies subject to the
 following restrictions:      •
   • In all cases, sources must meet
 applicable section 112 regulations.  __ '•'• __ \
 Except as permitted under specific •"••'.'•
 NESHAPS regulations,« source may not
 use an alternative emission control
 approach to meet section 112 regulations
 (as discussed in Eligibility), and a source
 may not increase emissions regulated
 under section 112 beyond the levels that
 the applicable section 112 regulation
 allows. Furthermore,'when new section"*
 112 regulations become effective.
 sources must comply with those      •''
 regulations, notwithstanding any   '"  ' '
 previously approved trades.    '  '  •
    •  The emission of asbestos, beryllium.
 vinyl chloride, or benzene, which are
 listed under section 112. may be
 Increased at one emission point (subject
 to the above constraints) only as long as
 there is a compensating decrease in the
 emission of the same pollutants at  '
 another emission point it the same   •  -
 location or at a contiguous location. For
 example, a source may increase one
t vinyl chloride emission as long as there
 is an equal decrease in another vinyl  ' '
 chloride emission. Since EPA believes
  that the limited number of pollutants it
  expects to list over the next several
  years under section 112 will be   ''.'"'..''•
  significantly mere hazardous than"' "* ~':
  others in the same criteria pollutant    :°
  category, restraints on trading similar to
 those discussed above,will apply when .'
 such pollutants are listed. Should EPA
 list a pollutant that it judges to be less
 hazardous than those currently listed.  ]
 EPA will indicate what pollutant-    '.."
 specific trading restraints are    -    •*'*'
 appropriate. Trading restrictions will not
 apply to alternative emission control
 strategies that EPA has approved before
 the announcement of the trading •••  •  •
 restraints. As noted above, however. •'"' j
 even previously approved trades may  *
 not be continued if they conflict with   '
 section 112 regulations when they
 become effective.  • '•••- •• '••''•' -  /".'-'
  • In addition, where the hazardous
 pollutant is an insignificant contaminant
 of the emission, exceptions to the   ••.  •
 trading restraints may be appropriate.
 This is likely to be the case when the
 source is not using the hazardous — '••'
 material in question as a raw material or
.when the source is not producing the  .»
 hazardous material. Control agencies .•'
 should consult EPA when considering _ •
 such exceptions.  '••.•;-*•»:* •••-•'. f-i^.'.
  • Sources may equally trade   !•; i*iM •
 hazardous pollutants with    •-• "•'• ••"
 nonhazardous pollutants in the same  •
 criteria pollutant category only in those
 cases where the source decreases the
 emission of the hazardous pollutant For
 example, a source may equally trade  , •,
 vinyl chloride with any nonhazardous
 hydrocarbon if it reduces die vinyl  -.:•-•
 chloride emission. "•; .~.  •? - •-• — • s —i:
  fiL EPA will closely examine the
 comparability of particle size  .•„.-:; i<« •
 distribution in particulate emission
                                       enforceable technique for multiple  '
                                       emissions points. Of course, these lira
                                       must be accompanied by enforceable
                                       testing techniques, which may include
                                       specific control measures, perfonnanc
                                      ^measures, and performance standards
                                       In general, the new limits mint bejdL'
                                       Jeast as enforceable, as the existing
trades because fine particles disperse _,-
                                       requirements. This applies with specia
                                       force to alternative control strategies
                                      "That involve multiple sources.   "..  —•
                                        b. Existing SIP provisions submitted
                                     • 'under Section 110 must not be replacet
                                      ' Litigation for SIP requirements
                                       established under Section 110 of the   ,
                                       Clean Air Act has long since run Its  :'
                                       course. In almost aO cases these sectio
                                       110 SIP.requirements are enforceable
                                      • and are being enforced. EPA will not.
                                       allow these SIP provisions to be " \'..'
                                       replaced by new alternative SIP J^JJ.
                                      . requirements that are. subject to  ''.'^"
                                       litigation and that could result in a'dela
                                     vor lapse in enforceabillty. Therefore. ,...
                                     -states must incorporate any control  ''.
                                     •''strategy'that Is an alternative to 5 110
                                     -• requirements as an addition to the SIP.
                                       not as a replacement This principle of
                                      "coexisting old and new requirements Is
                                       consistent with EPA's guidance to the •
                                      • states regarding the continuity of the  .
                                       SIPs when establishing Part D SIP  .. -V
                                     'revisions.* :.-,^'.-C,„:  .'• •"T.-.'X-"'^
                                     ''" It should be noted that under the  '.',~£
                                     '• "continuity of the STPs" policy, the " 'J£
                                     • section 110 requirements can be  ./..?.??•
                                       replaced only if a Part D requirement is
                                     (•- unavoidably incompatible with an ,./ji.
                                     i -existing SIP. Alternative control
                                                                       f-!f3'CS
               ...       .     ...r - strategies to Part D requirements are   ;
 more widely in the air than coane.f^j^«optionaLTherefore. if the original part t
 particles and stay in the air longer.   ;:.r, ;• requirement is compatible with the , -« i
 Sources should also be aware that EPA  ;• section 110 requirement but the jS-w
 Is considering an inhalable particulate ;,  alternative control strategy is not'^-'v--
 standard. If EPA promulgates such a -...<13.V-Uection 110 SIP provisions cannot be~^
 standard some alternative approaches  .-• replaced merely because they are*  7*T-
 thatpA has approved may no longer  .  incompatible with the alternative   *g
 be adequate to meet new standards.  .,.:•. approach. Otherwise, sources might be
 Trades involving open dust sources are  ~ encouraged to develop Incompatible  •-
 of particular concern in this regard.
 *  2, Enforcement Considerations. If the
 alternative emission reduction policy b
 improperly carried out It could delay
 compliance and impede effective
 enforcement Therefore, to avoid any
 additional grounds for legal challenges
 to revised SIPs. delays In enforcement
 or any weakening of the enforceability...
 or sanctions of SIP requirements. EPA  .
 has established the following conditions.
   a. Specific, enforceable control  .. .-.;
 requirements are mandatory. EPA will
 approve alternative proposals only if   'j
 they contain (1) enforceable, specific "';
 emissions limits (Including limits on  ',''
 quantity of emissions or quantifiable '•'!!
• surrogates, such as equipment or work X —T
 practice standards) on each regulated
                                      '-" alternative strategies solely to avoid thie
                                      ••• consequences of noncompliance with  •
                                     i  section 110 requirements. Thus, EPA wil
                                     . • only approve alternative strategies to  ..
                                     >  section 110 requirements as additions to
                                     "  the existing SIPs. ..ij _;:..^:v skitfAv-
                                     h -:— c. Compliance dates generally should
                                        not be extended. Some sources have not
                                     • • yet achieved final compliance with SIP
                                        requirements that took effect several   •
                                        years ago. States are free if they wish,
                                        subject to the conditions in this -"irz;.
                                        statement to apply the alternative -.-"•
                                        approach to these requirements as weQ,
                                        However, that revision should not have
                                   .  .                         .
 emission point or (2) an easily   ' '*' ~.. •   AKU 44 nt jam (Apiil«. 1979).
                 ™^        -    .^ '.;.'.'...-.   .  ... .      .-_-
                                                                                   - .r •
                                                                                   lfX\ •

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                       Federal Register / Vol. 44. No. 239 / Tuesday. December 11. 1979 / Rules and Regulations    71785
»•»*•
I1
 ••:-*
  'I
   '
   w
     s-S-.
    *
      :v. i
 consequences of such delay. To make
 sure of this, any such alternative
 requirement should have the same SIP   .
 compliance deadline as the existing
 requirements. Of if the new requirement
 allows controls that a source can adopt
 more quickly than those included hi the
 existing compliance schedule, the states
 shoL.d consider establishing earlier  ..
 compliance dates.
•   In some cases, it may be impossible
 for a source to implement alternative
 control strategies within the time frame
 allowed in the existing schedule. EPA
 does not have the statutory authority to
 extend compliance schedules solely for
 the purpose of implementing alternative
 strategies. However. EPA's statutory
 authority does provide for the extension
•of compliance schedules for Part O
 requirements under certain conditions.
 Where sources need additional time to
 implement the alternative approach and
 where they qualify for a time extension.
 they should apply for a time extension
 for their existing Part O requirements
 before or when they apply for the
 alternative approach.
   d. There will be no delay of existing
 enforcement actions. Since sources may
 not delay compliance with existing
 schedules while awaiting the review of
 the alternative approach, states should
 continue  to pursue enforcement actions
 and seek compliance with the existing
 SIP as expeditiously as practicable.
   Further, until EPA approves the
 alternative proposal, all noncompliance
 penalties under authority of Section 113
 or 120 of the Clean Air Act or Equivalent
 state provisions will be based on the   • -•-
 pre-altemative proposal definition of
 cost Afterward, noncompliance
 penalties will be based on the cost of
 the alternative control strategy.
   e. Requirements in some court
 decrees should not be changed. Control
 agencies in routine situations frequently
 obtain court decrees to ensure
 compliance. In these circumstances, it
 may be appropriate to modify court
 decrees if a source presents an
 approvable alternative approach.
   Over the past few years, control
 agencies and EPA have devoted'
 considerable time and effort to arrive at
 decrees with some important sources,
 often involving several plants. EPA
 considers such court decrees to be of
 critical importance in achieving air
 quaKrptobjective. Therefore, alternative
 control strategies should not be used to
 change the requirements specified in
 these existing court decrees. The only
 exception is the use of alternatives to
 remedy the failure of control strategies
 specified in the consent decrees to work
 as expected.   .      ....-•-
  'In the future, important sources may
 be involved in similar negotiations to
 which the states and EPA have devoted
 considerable resources. These sources
 may wish to use the alternative
 approach. Under these conditions.
 sources should be sure e'ther to: (1)
 Come forward with their alternatives
 and obtain agreement from the control
 agencies that the proposal is acceptable
 before entering into the court decree or
 (2) include a provision in the decree that
 explicitly allows for consideration of
 alternatives. Otherwise they may well
 find that the states and EPA will be
 unwilling to modify the requirements of
 the court decree to allow the use of an
 alternative approach because of the
 amount of effort already invested to
 obtain a settlement Consent decree
 negotiations now nearing completion
 should not be delayed for the   '•'.••  . ..."
 formulation of alternative plans.   .- •'- v

 Conclusion  ..•-• ••'•'';'.'.••.>•:*::?'•"• *.' '..'.'.
  EPA believes that the alternative   ".'. •.
 emission reduction approach, properly
 applied, will be of significant benefit to
 the states and to industry. We therefore
 encourage states to review the policy
 carefully, to inform sources of the    . • •
 options, to explain the policy's
 advantages and conditions of use, and
 to be receptive to industry proposals.

 Summary of Comments     •
   Many individuals and organizations
 took the opportunity to comment on the
 policy statement as it was proposed on
 January 1& 1979 (44 FR 3740]. Our   .  :
 responses to the issues raised follow. '.- ••
. Innovative Technology    ••••/•
   The Environmental Protection Agency
 believes that the alternative emission
 reduction concept will promote     •' • •
 economic efficiency and increase
 innovation, since it offers plant    .
 managers an economic incentive to    '  •
 develop new control strategies. Some  '
 commenters expressed concern with the
 statement in the proposed policy which
 suggested that EPA could use the new
 control strategies developed in response
 to this policy as a basis for setting
 tighter standards in the future. They
 mistakenly interpreted this to mean new
 standards would be set regardless of
 ambient air quality considerations.
    Under the Clean Air Act EPA cannot
. limit emissions of criteria pollutants
 from existing sources unless this is
 necessary to meet the National Ambient
 Air Quality Standards (NAAQS) or
 NESHAPS. If an existing source is in an
 area that has already attained the    . .  .
 standards or will attain them by ihe
 statutory dates, then EPA will not
 require further control However, if a • -
 source it In on area where the State   -J.-.
 cannot make a satisfactory     .
 denunutration of attainment by t
 •tatutory date, then a source may ha
 to meet tighter standards which may
 necessitate using innovative technology.
   One comment suggested that EPA
 exempt a plant that develops an '  -' '". • ,
 innovative control technique from any  :
 new emission limitation that may be set
 as a result of that technique. EPA is not •
 in a position to do this, since it is usually
 the state that sets specific source    .......
 emission limitations in the State      '••-.
 Implementation Plan (SIP). However, if a
 state chooses to exempt a source and   ..;
 this exemption does not violate the     ....
 statutory requirements of the Clean Air
'Act, then EPA will approve it         .-..-

 Resource burden    •-'•*  - '••'•  '-••;r.'e"':
   In the proposed policy, the Agency   ''.
 specifically solicited comments on the  . , >
• resource burden that final adoption of  £
• an alternative emission reduction policy '.
 might place on state air pollution control
 agencies. In addition. EPA contacted 38
 states to further explore this question.   .'.
 We found that the expected volume of ' '
 alternative proposals and the resulting  '•'
 resource requirements vary widely.  . •""'
 Some states believe they may    "  '"'.v!-
 experience resource problems because:* : -
 (1) They may receive a large number of  '
 applications, including some complex   |
 ones that could take a iot of time to    <
 review; (2) processing the applications  \
 through case-by-case SIP revisions is a ' .".'
 lengthy process, and rejected proposals ".
 may tie up resources with appeals: and
 (3) it may take more time and Resting to
 determine compliance with an"    • * ~""*
 alternative plan than if the source used
 a traditional control approach.  - .— - • "^
.  Recognizing that some states' resource
 burdens may increase, the Agency has
 tried to incorporate safeguards into the
 proposed policy and has made some
 changes to the final policy to further   "
 reduce any additional demands on the • •
 states. EPA has taken measures to avoid
 overloading the state staffs with
 alternative approach applications that
 are not well prepared. First, the Agency
 has tried to minimtr* demands on state
• resources by specifying that the source
 must initiate the proposal if it wishes to
 use an alternative approach. EPA also
 encourages states to require that the
 source pay for aQ demonstrations
, relevant to its proposal and that the
 proposal be complete before the state
 review process begins. There are also
 provisions that help to screen out     • -
 applications submitted for the purpose
. of delaying compliance. For instance.  ..
  the policy does not create any new
. opportunities for extensions of  •  •".
  compliance schedules beyond those  •
                                                                                                                                  *•• .<^ /
                                                                                                                                 :•:. ^.* "ii
                                                                                                                                 ~r^~*~-
      V •
      if-'*-
      in-

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  7178G    Federal Register  /  Vol.  44. No. 239 / Tuesday.  December 11. 1979'/  Rules and Regulations
  already available under existing laws.
  Additionally, enforcement of existing
  requirements continues while the
  applications are under review.
  Applicants do not qualify for stays
  egainst their compliance schedule or
  exemptions from noncompliance fees
  (unless they otherwise would under the
  law). It should be noted that the section
  110 SIP requirements can be replaced
  only if a Part 0 requirement is
  unavoidably incompatible with an
  existing SIP. However, since
  alternatives to Part O requirements are
  optional existing SIP provisions cannot
**' be replaced merely because they are •
  Incompatible with the alternative
  approach.-Therefore, alternative
  strategies to section 110 requirements
  may only be adopted as an addition to  .
  the SIP. not as a replacement
     Some states thought that enforcing an
  alternative approach might be more time
  consuming since (1] such an approach
  requires that the enforcement staff  . .-' '.V
  become familiar with the source-specific  '.
  plan, as opposed to relying on ..   •.-...'
  knowledge of traditional means of   * " ..
  control, and (2) there may be an    '.... '.
  increased need for testing because,   .  *.
  under traditional approaches, states
  infrequently test installations whose   ,.'..
  emissions are well below their    .. •    •
  allowable limit In some cases      ; -~
  enforcement may be more time     '  *  .
  consuming, but we feel the differences *  .
   will be saialL Although states may have
   to initially invest some additional time   .
   to learn about an alternative approach,
   once familiar with the source's       ,'.-
   alternative plan, they can proceed as^ ;_;i
   rapidly as before with testing and  •"—•".:
   enforcement On the other hand, some . '.-
   alternative approaches will require less
  . enforcement resources. For example.
   alternative control strategies may lead   ."
   sources to focus their control efforts on
   fewer emission points so that the overall
   frequency of testing may be reduced. In  .
   any event if a state does believe that ....
   reviewing or enforcing a particular -••>  '•
   alternative approach would require  . •;.-
   excessive resources, the state is free
   under Section 116 of the Clean Air Act
   to reject the approach oiythat basis.
     Some commenters requested guidance
   for evaluating equivalency among    . •.
   pollutants and means of quantifying  • •
   emissions. EPA does not think a new
   guidance document is necessary. In   •• .
  general the Agency will require the   "."
   same type of demonstrations that were  ;
   necessary for comprehensive SIP     .~3
   revisions, except where trades involve
   open dust source emissions, increases in
   overall emissions, or multiple plants. In
   those cases. EPA may require additional
   monitoring data or source-specific
modeling data (these requirements are *
spelled out in the policy), EPA is.  •••  . •
however, taking measures to ease any
problems that might arise in       ' •  • -
implementing this policy. First we will
hold workshops around the country to
explain the policy. Second, we have
apppointed coordinatrrs to answer any
questions about the policy. We have
also designated a contact person in each
Regional office to answer technical     ~
questions. These people are listed at the
beginning of this policy statement

Clarifications " -.  '.'.'    .   '••'•'•  ••".
  1. Definition of terms and relationship •
to other policies. In the proposed policy.
some readers found that such terms as  •
source, facility, plant and site were    •• .
unclear or inconsistent with definitions
used in other EPA air-related  •     •....••.:
regulations. We believe these terms are -.
commonly understood and the precise  ".
definitions are not important since this  .
policy is no longer restricted to a single "*
source, facility, plant or site.'* !•'• >•••'"'•-• •'"-"•• :
  Several commenters also asked how  •••
this policy affected Best Available  ..'.:-~*
Control Technology (BACT), New   ' ' :•'£
Source Performance Standards (NSPS). •
Lowest Achievable Emission Kate  ••• •>
(LAER). and Prevention of Significant
Deterioration (PSD). This policy applies
only to emission limitations approved or
promulgated as part of a SIP. It does not ..
apply to BACT. LAER NSPS. or other
conditions specifically required by the
Act for new or modified sources.  • '• • ••- ••'
However. EPA is applying a similar    •••• -.
"bubble" policy to some conditions for ~~;
new and modified sources. (See footnote -;
5 of the policy.) PSD concerns are ,. .'*+**$
explicitly mentioned in the policy where"
appropriate.       : •-'	• •• -J^V-'- *
  One commenter requested   '": "*:''* •'''•
clarification of the relationship between''
this policy statement and the RACT  -*•>'
emission limitations recommended in ~~:
the Control Techniques Guidelines  • •' •"•
(CTC). The policy states that it is  -''•-'
essential to have specific limits for each •
of  the emission points included  in
alternative control strategy. Under some '
circumstances, states must require the
use of RACT in establishing these limits
and must establish these RACT '    - ;'
 requirements in EPA-approved     ' v:Y."
 regulations. EPA published in the   "-. ••• ••
 Federal Register (see 44 FR 53762-63)  <•
 the role of CTCs in the development and
 approval of the state RACT regulations.*
   2. Specific emission limits. One  •  •• ••
 commenter asked which emission points
 must have a specified emission limit if a
 source uses aa alternative plan. The  *
 policy requires that the source  specify '•
 an emission limitation only farinose
 points actually involved in the   - - •
  alternative trades. For example, if a
 source has five emission points that emi
 SO2 but wants to use an alternative   • •
 approach that involves only three of  '• -'
 them, then for the purposes of this policy
 the source has to specify an emission '
 limitation for those three points only. • '
 The other emission points would   •
 continue to be subject to the level of
 control (if any) specified in the SIP. '••-.-•
   X Compliance status. Commenters  •
 frequently misunderstood the intent of
 the policy regarding the restrictions on
 eligibility for nonoomplying sources. To
 clarify our intent there is a new section
 in the policy entitled "Eligibility." •••'. •'-' •
 Basically, the alternative approach does
 not prevent those sources not now in -
 compliance with emission limitations  V
 from ever using a bubble. Rather, the ':- •
 policy requires that a source agree to a '
 legally enforceable schedule for • ' ••'•li. :
 achieving the appropriate standards in
 order to establish an adequate basis for
 considering alternative control   •'.•.*•?••''"''
 strategies. Without such an agreement *'
 consideration of an Alternative approach
 can only lead to further delays in' savf *."
 .compliance. A source can apply for aa'**'
 alternative approach to achieve •"•'•r.-.::'.
 compliance after it agrees to an-•"•*
 appropriate schedule. '•>&
         •        '» "••••
 Processes Alternative Proposals '*"„ ^
.  1. SIP revisions. Some commenters '? wi
 suggested that EPA would not need to • "*
 use a case-by-case SIP revision for ••• '•• v>>3
 aleraative approaches if the state  •••-«"*:
 incorporated a general regulation for "-tf:'*
 alternative control strategies in its SEP ••*•
 that EPA has approved. Instead. EPA  &
 should depend on spot audits to -^jajrtfe
'.determine if the state is faithfully * :3&5J%
• adhering to the requirements of the •-~&^
 'general SIP revision. :c<>.<••••'- ~w ;.ir31^rj?rj
 ••  In response, the Agency believes that -*
7 case-by-case SIP revisions are ~>*Br»]S5<
 necessary for an alternative approach to "•
 be legally enforceable. The Clean Air •££
 .Act requires EPA to review and process *
 all SIP revisions, and this cannot b«.-~aiSt
 eliminated or delegated. Additionally, a 1
. derived from this policy.  Therefore, the
 Agency is committed to expediting the ' •»
 SIP revision process, especially for those'
. proposal* where the trades are   •;• •'rr*-
  straightforward. •'-'- >V  ; - =. ••' ••> •* lM.3as*>'
  •  There was some question concerning '*r
• EPA's authority to impose conditions on"
- the use of alternative approaches. EPA  -r
: has carefully evaluated each of the  -.^^
--• conditions in this statement and is
•. convinced that each condition is

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                      Federal  Register /  Vol. 44. No. 239 / Tuesday.  December 11. 1979 /  Rules and Regulations    71787
  >i
'&.
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SF*-
  -•*!
     i


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  .

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necessary to protect air quality and is
fully consistent with Die Qean Air Act
  2. Actual vs. SIP allowable emission
limits. Some existing installations may
be emitting a lesser amount of pollutants
than existing SIP regulations allow  .
because, for example, they may be   •
burning a dean fuel such as natural gas.
Several commenters were concerned
that the policy would allow a source to
use the difference between such a low-
emitting installation's actual emissions
and the SIP'S allowable emissions to
offset any proposed higher emissions
from another installation, with a
resulting increase in overall emissions
from this source,
  EPA's primary concerns in any
alternative approach are that the trades
will be equal and result in attainment
and maintenance of air quality
standards as demonstrated by the SIP.
In those cases where* the SIFs
demonstration of attainment is.implidtly
or explicitly based on the source
maintaining the actual emission level, j.
even though that level is lower in     .-~.
practice than what the SIP allows, that
source cannot use the difference to  .   .
increase its emissions through trading.
But EPA will consider alternative
approaches where the SIP can
demonstrate attainment using the
difference between the emission levels
to offset proposed higher emissions from
another installation. However, states
should realize if they approve such
trades they will be consuming part of
their margin for growth and should
explicitly take that into consideration
before approving the trades.
  3. Testing techniques and     '.:'; r. "'•
determination of specific emission   '
limits. The proposed policy stated that  '
each emission point must have a specific
emission limit and the limit must be tied.
to enforceable testing techniques.
Several commenters pointed out that
these requirements would prevent some
sources, such as those that emit Volatile
Organic Compounds (VOCs). from using
the alternative approach. EPA did aot
intend to predude the use of
quantifiable surrogate measures that
would allow such sources to use the   •
alternative approach. Therefore, the
policy now states that enforceable
testing techniques can Indude specific
control measures, performance
measures, and performance standards.
  4. Attainment and nonattainment The
alternative emission reduction approach
may be used in those areas currently in
attainment or in areas where EPA has
Judged the SIP adequate to achieve
attainment by the future statutory
deadlines (this means use of the
 alternative approach is allowed for
control of oxidants beyond 1982 for
 states that obtain an extension of the
 deadline, if the SIP can demonstrate
 attainment by 1987). The alternative
 approach can also be used within CTG
 categories in areas that fail to
 demonstrate attainment (see Section E2
 of the policy).
   Some commenters as*4ed what
 happens to the sources that are using an
 alternative approach if attainment is not
 achieved as expected in the area where
 the source .is located. If such a situation
 arises, the sources may have to install
 more stringent controls on facilities
 where the requirements have been
 relaxed under the alternative approach
 b» cause the statute requires that all
 reasonable control measures have to be
 taken in an effort to meet NAAQS.
  • 5. Limited review period, A few
 commenters mentioned that by inaction
 on an alternative proposal. EPA or a   . .
 state could cause a source to come into
 compliance late. Consequently, they
• suggested that the policy specify a  .".'."-..
 reasonable time limit during which the  :
 state and EPA must act on the proposal
   Although EPA agrees that prompt • •
 review is needed, it does not believe it
• can limit this process to a specific time
• period. The amount of time necessary to
 review an alternative approach depends
 on many factors, such as the complexity
 of the proposal and  tie quality of the
 demonstration the source submits. EPA
 will handle the alternative approach
• proposals as quickly as possible, but it
 must have enough time to ensure that
 these proposals are consistent with air .
 quality goals. The Agency will make  • .
 every attempt to expedite the processing
"of those proposals 1bat are   • ~. -•••••:.
 straightforward. The Agency is asking  :
 the states to work with it in expediting • .
 the SIP revision process.   , •' •:'	  ;,•-•.,
   0. Time extensions. As originally   • ". '•'
 proposed, the alternative emission   - .' •
 reduction policy stated that existing
 compliance dates could not be extended
 In. any case. Several commenters argued
 that this stipulation is unfair because in
 some cases it may be impossible for a
 source to implement alternative control
 strategies within the time allowed in the
. existing schedule. They also felt that
 equity requires EPA to consider delaying
 compliance dates in some Instances.
. since the states can establish earlier
 dates where the alternative approach   '.
 can be implemented more quickly than
  the existing compliance schedule.    : -.:
   EPA agrees that for some it may be  .:•
  difficult to Implement an alternative
 ' approach on the existing schedule. This •
  Is an important reason for sources to  ':.«. •
'• submit their alternative proposals as   .:
  early as possible. However. EPA doe*  .
 ' not have the authority to extend    ••"••'•
  compliance schedules for the purpose of
 Implementing alternative strategies.
 Nevertheless, there are drcumstam
 where sources can obtain time
 extensions for Part D requirements
 under existing law.     •   '   •     - • •
   For example, a Part D SIP submission
 may have established a new particulate
 requirement for a source with an
 immediately effective compliance date.
 Assuming that immediate compliance is
 not truly practicable for that source   •
 (except by shutdown), the Clean Air Act
 would allow a new schedule with a final
 compliance date no later than December
 31.1982, to be established for the source
 as long as the new schedule requires
 compliance as expeditiously as   . ••-r:
 practicable and reasonable further  ... '
 progress is not jeopardized. An    . •• •
 alternative emission limitation could be
 adopted for that source with an   .•   -,,
 expeditious compliance date even  . -•-:
 though that expeditious date is later . yx
 than the immediately effective ••-.-• :ri*j
• compliance date for the existing SEP , -rtl
 requirement    -••".-,.»-'..:..*,v...-.«-;
 " The policy for alternative emission   V
 reduction approaches is not intended to .
 prohibit sources from applying for time
 extensions when they would otherwise
 qualify for them under the law. Thus,   .,
 under some <^T"FT*fft^nffi*n sources may -
 be able to obtain additional time to  . . - •
 Implement alternative approaches for •'
 meeting Part D requirements.   . •  .. t
 Applications for time extensions should
 be made prior to or simultaneously with
 the application for the alternative v-^..»;
 strategy,   r.,.':-,. --^ "•• • •=•' .-"•'•- •  .-•" .-;,-.;
v; -Several cbmraenters objected to the  ...
 requirement that they agree in writing  '—
 not to seek stays of compliance with the
 existing requirement or avoidance of   ..
-sanction if the alternative proposal is  ..*
; disapproved, challenged, or delayed.
' EPA no longer asks this. However.
 before considering alternative     .'.  ' y
 approaches, we will require sources to  .
 come to an agreement with  the control  *
 agency regarding compliance with   .. ~
 existing SIPs. These agreements must
 not contain provisions that grant the   '[.
 source stays or waivers of sanctions to
 consider an alternative approach.  '    7
   There were requests for guidance in
 handling noncompliance penalties ~~~.'~
 assodated with an alternative approach.
 Under Section D.2. of the policy.
 paragraphs b, e and d deal with penalty
  fees. The appropriate regional contact
  person can answer questions that arise
 ' hi conjunction with a particular
  application.            —      ••••:•<•
   7. Comparable trades. The alternative
  emission reduction policy only allows  "
  trading of comparable pollutants. Some'
  commenters said that when determining
  comparability of pollutants the policy
  must consider that pollutants within the
    ar;
                                                                                                 ••£&..•
                                                                                                           ':?':*&JG£$&.-
                                                                                                              ".':' '-j^c-

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                                                   I
717C8   Federal Register / Vol. 44. No. 239 / Tuesday. December 11. 1979 / Rules and Regulations
same criteria category may have
different effects on air quality. However.
other commenters were of the opinion
that without any specific standards for
individual pollutants within a criteria
category. EPA cannot prevent trades
between pollutants in the same
category. EPA recognizes that pollutants
in the same category may have different
impacts, and will take this into
consideration to the extent legally  •   -:
possible when reviewing proposed
trades.
  8. Open dust source trades. The
proposed policy did not allow trading
paniculate emissions from open dust
sources against particulate emissions
from stacks or industrial processes.
Many commenters objected to this
prohibition and the reasoning that EPA
used to support its decision. EPA has
reviewed this issue and has decided to
no longer categorically prohibit open
dust trades. However, the Agency still
believes it is especially difficult to    :- -
ensure equivalent air quality impacts for
such trades. Due to the shortcomings of
air quality models for open dust sources,
EPA will insist on a thorough       '
justification and explanation of all
critical Inputs to the emission and air
quality calculations for any proposals
based on modeling demonstrations.   ^
Generally. EPA will not approve  any ~~-.
proposed alternative emission strategy
based on a modeling demonstration that
proposes to substitute controls on open
dust emissions for reasonable controls
on the more significant sources of
process emissions. EPA will accept good
modeling demonstrations for trades that
do not affect the use of basic controls.  '.'
As an alternative to modeling, sources
 can propose trades without these   .   . '•
 restrictions if they demonstrate the  '.",.,
 equivalency of the trades by installing  ~
 open dust source controls and
 monitoring the results.  .
   9. Hazardous pollutant trades. Several
 commenters suggested that the policy  '".
 should allow trades between the same  *
 hazardous pollutant We have clarified
 our position on this matter and have •   .
 stated that the emissions of pollutants
 that are currently listed under Section   ;
 112 (but not specifically regulated) may.
 be increased at on* emission point only
 as long as there is a compensating   •  ••
 decrease in the emission of the same   ..
 pollutant at another point For those
-pollutants listed under f 112 In the   - -  .,
 future, similar trading restraints will  ..
 apply. However, in all cases, sources
 must comply with applicable Section 112
 regulations and they cannot use an   •:
 alternative emission control to do this.
    10. Trades between criteria pollutant
 categories. Other commenters urged  ....
 EPA to consider allowing trades
 between criteria categories if the results
 will be beneficial, e.g.. trading a
 decrease in a pollutant seriously
 violating NAAQS for an increase in a
 pollutant with a minor violation. EPA
 cannot consider any trades involving
 pollutants from different criteria
 categories because the Clean Air Act
 requires SIPs to provide for attainment
 for every standard. EPA may not
 approve a revision that makes a    •
 violation worse for one standard.  •
 regardless of any offsetting benefits for
 another standard.
   11. Equal emissions. There were
 comments that suggested that it was
 unduly restrictive to require trades   .-  .
 under an alternative approach to be
 equal, since in some cases this is more
 control than is necessary to protect   •  :
 ambient air quality. One commenter    •
 thought that the policy should not    '''~
 prevent VOC sources from increasing   "
 emissions because, unlike other  •-  ••;«'•*
 pollutants, they do not create a localized
 nonattainment problem.	•-.•-....
   EPA recognizes that the Clean Air Act
 permits states to revise their SIPs in    .:
 ways that allow increases in total
 emissions from a source, a plant, or an
 area. But there are significant    '•   •••-•
 restrictions on this authority: The    •: -• '
 revised SIP must demonstrate  •  • • • • •••' - *
 attainment and maintenance of the   .  '•
 standards; the requirements for  .-••'•-•
 reasonable further progress in reducing  ''
 emissions and for attainment as  .......
 expediUously as practicable must be •••
 satisfied; and the revision must not  •••*
 interfere with the Prevention of   •• '?';">.
 Significant Deterioration program. •"'i''"
 However, the fact that the Act does not
 completely prohibit SIP revisions that  •''
 increase overall emission does not lead
 .EPA to encourage such revisions as an
 element of this policy statement   ' •  •"
   In EPA's opinion there are important   •
 policy reasons to discourage SIP •  •.-' ••"•
 revisions that increase overall     /•   '•
• emissions. A growing number of serious '
 air quality problems are now recognized
 as covering broad regions of the country:
 ozone violations, elevated sulfates and
 "add rain." and visibility reduction. SIP
 revisions that permit significant     ••  »
 increases in total emissions of the major
 criteria pollutants can exacerbate some
 or all of the current wide-scale air   - ••  •
 quality problems. Therefore. EPA does   '
 not encourage by this policy, or as a
; more general matter, SIP revisions that
: result in overall emission Increases. In  ' •
  particular. EPA will not approve such
  SIP revisions to the extent consistent
:  with its current legal authority.   • • -'• -
,   • VLMultiplant emissions trades.  ' .'"-
  Several commenters said that use of an
.  alternative approach should not be   "••<-
                                                                  -14
restricted to a single plant They said
that this restriction creates an arbitrary
boundary for trading emissions since th<
policy already requires a source to •'•
demonstrate that the alternative  •- :
strategy will not harm air quality.  —
  EPA has changed the policy to allow
more than one plant in the same area to
be included in an alternative emissions
abatement strategy. However. EPA will
require modeling (except in the case of
hydrocarbons and ozone) to show (hat
air quality will be protected.     :; •

   terIssues     ..'..„ ;.„•..;.   .. • «...-;•
• ^.-Workerexposure. The Agency ;•'";
received a recommendation that it • ':
disapprove any alternative approach  '
that will increase the concentration of
pollutants to which any group of   '; _
workers is exposed. EPA has    "s~ ~ *'
specifically forbidden trades involving
coke oven particulate emissions. In -_•_• V
many instances emissions close to .J-'^V:
ground level, where workers are located
may have to be  weighed differently than
emissions from high stacks. While EPA
does not have the statutory authority to
specifically prohibit a trade because, of ..
increased worker exposure, we ''.''.-  :'• ':
encourage states to examine this issue ""
and avoid decisions that would increase
worker exposure. .'"';.".""-.:" ""'."'."»-,,.;.
  2. Energy management. There was a
suggestion that  the alternative emission.'
policy should encourage innovative   '„'."
energy management approaches by   i7%.
providing for greater flexibility in the  '
use of alternative fuels to meet SIP
requirements. EPA feels that the
alternative approach provides flexibility •
for fuel switching to balance emission
limits, and to the extent that energy is a .*
growing component of the cost of. .,,  r.^
meeting pollution control requirements,..-
sources will seek to minimize energy  . ±-':
use. However. EPA does not have the _":
authority to take into account such   • *'fe
factors as energy savings or choice of ,_ J
 fuel when it reviews alternative  ..u'^fV
• strategies,  -.^.i •_•>•.'•• .ivvvifc-r-*;'••• *'•;*& ni»fr
                                .... .,
                                " ""'
  Dated: November 29.1979.	•
DougU«M.Co»Ua.    ••-^ --•   '•
Administrator. ' " ''• r ':: ~ ''•'  •-• • •
(nDoc.7»4m4nbdU'tfrj**4»««|    .
      COM «MO-OI-*I  .-'•• ' "  " - "'
                                                                                       f •

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^ _ ,                                                   „,-.„,,,

         UNITED^STATES ENVIRONMENTAL PROTECTION AGENCY ^^6/ "*'***
                       WASHINGTON. O.C. 20460


                           APR 1 0 1991
                                              THE AOMIN1STRATO*

  Honorable John 0. Dingell
  Chairman, Subcommittee on
    Oversight  and  Investigations
  Committee on Energy and' Commerce
  House of Representatives
  Washington,  O.C.  20515

  Dear Mr. Chairman:

        Thank you for your letter of November 2, 1990 regarding the
  General Accounting Offices's  (6AO) report of September 2T~,  1990
  which is entitled "Air Pollution:  Improvements Needed in
  Detecting and Preventing Violations"  (B-233555).  We have
  reviewed the report and noted its findings and recommendations.

        The report  discusses the Environmental Protection Agency's
  (EPA)  efforts to detect stationary source violations and take
  appropriate  enforcement actions under the Clean Air Act  (the
  Act).   The report recommends  that EPA:   "implement...emission-
  monitoring policy by developing regulations that  (1) establish
  criteria for determining where monitors are feasible  [for  major
  stationary sources],  (2) require monitor use at all sources
  meeting the  criteria,  (3) require EPA enforcement staff  to use
  available enforcement authority to overfile to the maximum extent
  possible when States assess inadequate penalties, and  (4)
  undertake efforts to include  specific standards for assessing
  economic benefit penalties  in the next revisions  to State
  Implementation Plans  (SIPs).n The remainder of this  letter
  addresses the questions and issues you have posed concerning the
  report's  findings.

        I.   EPA'a  Ability to Require Authorized  Programs to Impose
             Economic  Benefit Penalties

      EPA acknowledges the importance of a strong enforcement
  program and the value  of  a penalty scheme that serves as a
  deterrent for violating sources.   In order to  accomplish this
  objective,  EPA has  developed a Clean Air Act Stationary Source
  Civil Penalty Policy  ("penalty policy") to ensure that federal
  enforcement actions under the Act result in the assessment of a
  significant financial  penalty.   This policy mandates, among other
  things, recovery to the  extent possible, of the economic benefit
  a source may have received through noncompliance with the Act.
  In accord with its  statutory mandate, much of  the Act is
   implemented at the State and local level.  Section 101(a)(3) of
  the Act provides that "the prevention of and control of air

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                              - 2  -

pollution at its source is the primary responsibility of states
and local governments.1*  Also Section 110 of  the Act explicitly
reference* the primacy of States in the control  of air pollution
through the implementation of federally enforceable Sips.
Consequently, EPA relies extensively on the states to enforce the
provisions of the Act.  In wording with" the- States, we recognize
the differences that1 exist among the various  States1 penalty
authorities and the diversity of approaches they bring to their
various programs.  EPA has attempted to address  this problem in
several ways.  The Agency, in conjunction with the States, has
developed comprehensive guidance policies that address the
Agency's and the States' mutual expectations  regarding what
constitutes a timely and appropriate resolution  ofviolations
(see EPA's "Revised Policy Framework for State/EPA Enforcement
Agreements", August'25, 1986 (Policy Framework)  (Enclosure No. 1)
and EPA's "Timely and Appropriate Enforcement Response Guidance"
for Significant Air Violators, April 11, 1986 (T&A Guidance)
(Enclosure No. 2)). 'Ideally, we would like to see EPA* and the
States achieve a uniform approach to the imposition of penalties.

     The Policy Framework addresses State penalties' in'several
ways.  It requires each program to clarify where a penalty or
other sanction is an essential part of an enforcement response to
a violation to ensure deterrence.  The Air Program's guidance
does this by requiring a penalty for all significant non-
compliance (SNC).  However, it also indicates under criterion #6
that States should, at a minimum, calculate economic benefit and
are encouraged to assess "that amount at a minimum.  They are also
encouraged to adopt formal penalty policies,  or at a minimum
describe to EPA how their penalty authorities or other sanction
authorities will be used to create the necessary deterrence.

     Additionally, the Policy Framework requires States to
maintain accessible summaries of penalty assessments and use of
related sanctions for use by Regions in oversight of this aspect
of the program, while promising that penalty practices will be
reviewed in the context of the whole program.  Finally,  it
clearly states that EPA will pursue its own enforcement  action  if
a State fails to obtain a penalty where defined as  appropriate  or
if its penalty was grossly deficient under the circumstances,
considering among other factors, the relation of the penalty  to
the economic benefit of non-compliance.
                                    •     •
     Furthermore, EPA continues to provide support to States  in
developing economic benefit penalty models as a* part of their
penalty policies.  Throughout the year,  EPA's Office of
Enforcement provides training to State and local  programs on how
to Include the Agency's computerized model (known as BEN)  for
calculating  economic benefit  in enforcement  actions.
Approximately thirty  (30) States at present  have  access to the
BEN computer model.

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                              - 3 -


     States have expressed concerns with the strict penalty
formulas advocated by EPA, because they deal with a broader
spectrua of the regulated conaunity.  Many of their enforcement
actions involve very snail companies/ individuals- or-i:~
circumstances where^ economic < gain is* vague amfdlf-f icu-tfctr to
assess, (gj^L./ open burning-/-etc-;5)  Thua^ tte>. St&ts* insist that
they be allowed to maintain flexibility in utilizing their
assessment of penalties involving economic gain.

      EPA's Off ice-of Air and Radiation (OART'isv with the
participation of the Office of Enforcement, developing additional
guidance- which will allow the Agency to evaluate the adequacy of
State's penalty assessments (Enforcement Response;Guidance).
This guidance will assist each State to develop7'enforcement
response plans as a means to measure the individual enforcement
actions taken by States and encourage States to develop penalty
policies which-consider the economic benefit of• noncomplirance.
Such plans will address the full range of responses, including
actions such as permit revocations as well 'as" penalty^-;-   •'
assessments.  -EPA is also examining the additional enforcement
authority provided in Title V of the clean Air Act Amendments of
1990 as a means of increasing-the States?1 ability to-recover
penalties that offset the economic benefit of violations*' Title
V requires that States must have legal-authori
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                              - 4  -

          Also,.although not a part of the  SIP review process,
          the Regional Offices through their oversight
          responsibility have reviewed States* enforcement and
          penalty authorities to advance EPA's position for a
          credible penalty program.  This is^ done by Regional
          Offices, in *accordance with the-T&*-Guidance holding
          monthly conference calls to discuss compliance program
          implementation, specific cases and pending enforcement
          actions.  Enforcement actions by  States hot considered
          to be in accordance with the T&A  Guidance are addressed
          during these monthly program consultations.

Q. (2)    "When was the first EPA  review of all SZPs made to
          address these issues?1*

A. (2)    The first, comprehensive review of SZPs was performed
          when the SZPs were initially approved by EPA in 1972.
          Outside the context of formal SZP review, EPA
          continually reviews the  activities of the States to
          ensure their conformity  with national policy.  Zn 1984,
          EPA and the States developed a national policy guidance
          for the timely and appropriate resolution of source
          violations (which was revised in  1986) (see Enclosure
          No. 1).  This policy guidance forms the basis of EPA's
          oversight procedures to  ensure the adequate resolution
          of .State initiated enforcement actions.  Since such a
          significant portion of the air compliance program is
          implemented at the State level, EPA must rely on the
          States to resolve most violations.  The varying degree
          of statutory authority that presently exists among
          4.State and local enforcement programs does not always
          result in the recovery of a penalty that is equivalent
          to the economic benefit of the violation.  Zn its
          oversight capacity, the Agency continues to work with
          the States to upgrade their enforcement and penalty
          authorities.  This sometimes involves the Agency
          assisting States with penalty information needed by
          State Legislatures in support of increasing their
          penalty authorities.  We believe that the permit
          program provisions of Title V of the Clean Air Act
          Amendments of 1990 will provide States with an
          additional tool by which to upgrade their penalty
          authority.  Zn the past two years, we completed a
          comprehensive review of all ozone SZPs and are
          currently reviewing all SO2 SZPs to ensure among other
          things their enforceability.  The States will be
          required to submit revisions to the extent deficiencies
          are noted  (within six months for ozone and two  years
          for S02).

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                              - 5 -


Q. (3)    "Has any SIP been disapproved for failure to meet these
          requirements?"

A. (3)    EPA has not disapproved any SIP because of State
          failure .Jto assess adequate penalties.^  .. ^   ;....v

Q. (4)    Requests .that EPA. "please provide,~ttiA-opaquested
          opinion from your General. Counsel [concerning the GAO
          finding.set forth below].1*

          The GAO states:

          The proposed revisions, however, do not address the
          issue of whether State and local enforcement programs
          can be required to collect penalties .based on the
          economic benefit violators have obtained.  According to
          senior EPA compliance officials, such- legislative
          direction is needed to change the State and local
          agencies' practice of not adhering to EEA's-civil
          penalty settlement policy. . They pointed out that  since
          the act makes no specific reference to the issue of
          state and local penalties, these agencies .-are  likely to
          contest any EPA effort to require that economic benefit
          penalties be imposed.  The EPA officials said  that
          requiring these groups to assess economic benefit
          penalties appeared to be the most appropriate  and
          practical remedy because  (1) State and local programs
          will continue to carry out most enforcement actions,
          and  (2) EPA's enforcement resources will continue  to be
          limited for the foreseeable future.  The EPA officials
          said that additional legislative authority and/or
          direction would provide the necessary leverage to
          compel State and local programs to impose economic
         . benefit penalties.

A. (4)    I have requested a legal opinion from the Office of.
          General Counsel  (OGC) on this question.  When that
          opinion is available, I will provide you with a copy.

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                              - 6 -
Q. (5)    "I do not recall EPA bringing this concern [EPA '3
          interest in having additional leverage to compel state
          and local programs to increase economic penalties-]
          during consideration of H.R. 3030 or during the
          conference on S.1630.  is it still a concern after
          enactment of "the- 1990 amendments? "iv ••«••".«•«
A. (5)    Our long term goal is to enable States to get
          resolution of compliance problems by enhancing- -their
          •penalty authorities.  Title V of the Clean Air Act
          Amendments of 1990 provides significant new authority
          pertinent to increasing State penalties. • Title V
          requires all major sources of air pollution to obtain
          operating permits.  Under Title V, to have an
          approvable permit program States must have authority to
          assess $10,000 per day for civil penalties • for-
          violation of Title V's provisions-.  However, States are
          not required to have a permit program, and it is
          possible that EPA may administer some permit programs.
          Once .the Office of General' Counsel provides the legal
          opinion referred to above, the Office of Enforcement
          (OE) and OAR will examine what further action EPA
          should take regarding States ' assessing economic
          benefits in their penalty practices. of- violations.

Q. (6)    "I request that EPA re-examine its pobfcey regarding
          overfiling particularly in light of the new amendments
          and consider where i€ may be appropriate and reasonably
          used.1*

A. (6)    EPA is concerned that States obtain higher penalties
          in Clean Air Act enforcement actions.  I have
          asked the Acting Assistant Administrator for
          Enforcement, Raymond L. Ludwizewski, to convene a
          workgroup to develop a more vigorous overfiling policy
          for EPA's air program.  This workgroup will include
          representatives from EPA's Regional Offices, the
          Stationary Source Compliance Division of the' Office of
          Air and Radiation, and State and local air enforcement
          agencies.  The primary issue the workgroup will be
          charged with addressing will be, what level of
          penalties are acceptable  in State enforcement actions
          before EPA should overf ile?  The workgroup will
          consider the new requirement in Title V  of the Clean
          Air Act Amendments of 1990, that States  have legal
          authority to assess $10,000 per day for  each violation
          in civil penalties and impose  appropriate  criminal
          penalties to have a federally  approvable operating
          permits program.  We anticipate that the workgroup will
          have completed the  first  draft of the revised
          overfiling policy within  the  next six months.
                                    fc-t-l.

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                             -7-

          I will keep you apprised of the schedule for producing
          a recommendation after the workgroup convenes".

Q. (7)    "In general/ I believe EPA and EPA's General Counsel
          and the Administrator, in light of the 1990 amendments,
          need to re-examine its entire enforcement role' and
          policies to ensure that full, fair, consistent, and
          effective enforcement will be carried out in this
          decade by EPA and the States....  r request your
          comments, while noting that the President and EPA never
          complained to Congress that it lacked resources to
          enforce the law and carry out the provisions-
          recommended in large part by the President.1*-" '~

A. (7)    EPA, is presently examining how to improve the
          effectiveness of its enforcement program through its
          "Enforcement in the 1990's Project1* and the'
          "Enforcement Four-Year Strategic Plan."  One of the
          areas being'reviewed in depth is the State'/federal
          relationship in enforcement. Some of the primary
          objectives.of the 1990'a Project's -"State/Federal
          Relationship Workgroup1* are to: (1) clarify the
          appropriate roles and responsibilities of EPA and the
          States in environmental enforcement,  (2) identify
          barriers and opportunities for State  involvement in
          planning and implementing enforcement strategic plans,
          (3) consider the need for more effective EPA  oversight
          mechanisms, and (4) examine the implications  of
          strategic planning on existing policies and management
          systems.  The assessment of penalties, in terms of
          EPA's expectations and oversight is clearly a critical
          part of this relationship.  We plan to complete this
          review by the end of FY 1991.

      II.    Improvements to Detect Air Pollution Violations at
            Maior Stationary Sources

      EPA recognizes the value of routinely monitoring emissions,
keeping records, and requiring periodic reporting from  major
stationary  sources.  EPA believes such monitoring is  of great
benefit both to industry in pollution prevention and  energy
minimization and to control agencies in continuous  compliance  and
targeting of "problem sources."  EPA views continuous emission
monitoring  in a broader context than that described in  the GAO
report.  While EPA considers continuous emission monitoring
systems (CEMS) to be the most useful means of directly
determining source compliance with  emission  regulations, the •
agency also recognizes the need to  rely on the application of

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                              - 8 -

other means of continuous monitoring*  These include instrumental
monitoring of process parameters such as temperature, pressure,
and voltage, and manual monitoring of process information such as
the number of gallons and chemical analysis of specific paints
used to coat automobiles.  These alternative continuous
monitoring techniques.are appropriate in situations where the
technology does "not exist"for CEMS;or the application of
technology is not feasible.

     EPA, has exercised authorities granted under the Act prior
to this year by requiring monitoring (preferentially GEMS) in all
NSPS and NESHAPs regulations, and in at least four major
categories of SIP-regulated sources.  The Agency routinely
promoted the use of emission monitoring through guidance and
policies, control agency grants, and its management
accountability systems.

     EPA recognizes the increased emphasis which the Congress
placed on enhanced monitoring in the new Clean Air Act Amendments
of 1990 and intends to fully explore the additional opportunities
and authorities which it received.

     Specifically, in promulgating new or revised regulations
which pertain to NSPS, NESHAPs, and major source operating
permits, EPA will routinely include cost effective continuous
monitoring requirements.  EPA will preferentially specify the use
of continuous emission monitoring systems (CEMS) whenever such
instruments are feasible and technologically available.   If such
instruments are riot available, EPA intends to rout£HeTy> specify
the use of process or control system monitoring systems whenever
these instruments' are technologically available.  To the  extent
neither type of instrumental system is available, EPA intends to
specify source use of manual recording of process parameters.

     In addition, EPA will require State and local agencies to
utilize a similar hierarchical approach in preparing their SIPs
to comply with compliance certification and operating permits
requirements of the CAAA.  To assist the State and local  agencies
i.n this effort, EPA will encourage them to utilize,  among other
things, the data and other information which EPA prepares when it
develops NSPS and NESHAPs.

     EPA believes GAO understates some of the promotional
activities undertaken during the period addressed by the  GAO
report.  These  include the following:

     o  increased Federal promulgation of SIP regulations
        containing CEMS requirements.

     o  Headquarters presentations  in public and professional
        conferences,  including:
                                 fc-t-S

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                              - 9 -


        -  the American Society of Mechanical Engineers (ASME)
           meeting (September 1988, in Philadelphia),

        -  the Air and Waste Management Association (AWMA) GEMS
           Specialty Conference (November 1989,  in Chicago),

        -  the Engineering Foundation Meetings on Source
           Measurements (October 1989, in Florida and November
           1990, in California).

     o  Headquarters presentations in Agency workshops and
        meetings, including:

        •  six different EPA Air Pollution Training Institute
           workshops on emission measurement techniques,

        •  two different workshops on SO2 SIP processing,

     o  Establishment of Agency CEMS data follow-up strategies in
        Regional Offices,

     In the following paragraphs EPA provides additional
information in response to the five CEMS-related questions raised
in your letter.

Q. (8)  "Clearly, an increase in CEMS are likely under the
        revised law. . Some of the changes were urged by the
        President and the EPA,-and, as 6AO observes, CEMSs are
        more efficient than inspections, although both are
        needed.  Again, the President and EPA never suggested
        that EPA lacked resources to implement these requests.
        I hope that the above comments by 'EPA compliance
        officials' are not official Administration policy.
        Please comment."

A. (8)  As indicated earlier, EPA intends to implement a
        continuous monitoring program for all major sources.
        However, the implementation of this program will have to
        be done in a manner which ensures that the technology for
        the given source or source category  is feasible and
        technologically available.  It will be phased  in  over*
        time consistent with the implementation of the CAA
        amendments.  If EPA did not take into consideration these
        factors, the resources  of  State  and  local agencies and
        industry could very well be a limiting factor.

        It should also be noted as previously stated  that EPA
        views the tern "continuous monitoring" to  include not

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                              -  10 -


        only CEMS instruments, but also techniques such as the
        use of process and control system parameter monitors and
        manual recordkeeping.

Q. (9)  "I presume that the term »major1' sources are those
        at 100 tons or more and would not include all the %major'
        sources now covered by the 1990 amendments.  Please
        comment*  I note that Pennsylvania has found that OEMs
        *are not appropriate for every major stationary source.'"

A. (9)  EPA intends to require the use of continuous monitoring
        at all "major" sources required to have permits under
        Title V and those subject to new or revised NSPS and
        NESHAPS regulations, including those defined by the Clean
        Air Act Amendments of 1990.

Q. (10) "Please explain the use of CEMs that EPA believes is most
        efficient and effective.  Should they be used to * detect
        violations?1 Please explain.  When are CEMS appropriate
        for a major stationary source?"

A. (10) CEMS may be used most efficiently and effectively in
        the following order of priority:

      (a)  industry self-regulation, pollution prevention, process
          and energy optimization, and certification of
          compliance,

      (b)  detection and documentation of a violation of an
          emission standard and an operation and maintenance
           (O&M) requirement,

      (d)  targeting of sources  for possible agency follow-up
           fe.a.. compliance tests, inspections).

 Q.  (11) "I am  interested in  this view that CEMs can
          help  a firm reduce  its costs, while providing;
          pollution control-benefits.  If true, EPA should  do
          more  to convince the  regulated community of  these
          benefits.  I request  that you address in greater
          detail the reliability, costs, and benefits  issues,
          as well as the concern that the regulated industry
          does  not want *full-time' monitors."

A. (11)   As noted in the GAO report, CEMS have been shown to
          provide pollution prevention and energy optimization
          benefits, as well as  compliance certification  benefits
                                ft-t-10

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                              -  11  -


          to Industry.  It has been well documented that sources
          that properly select,  install, operate and maintain
          their GEMS obtain very high levels of reliability (well
          in excess of 90%) and improved levels, of; compliance.
          EPA will continue to- vigorously promote CEMS ami other
          forms of continuous monitoring to- industry.  It will
          use various techniques- to inform and- convince industry
          of the benefits of monitoring including: speaking and
          presenting technical papers at professional meetings,
          participating in Agency workgroups, writing and
          distributing technical reports and manuals to State and
          industry personnel, and participating in State and
          industry training activities.

          Furthermore, OAR will promote, in cooperation with ORD,
          the development of new technology which will result in
          additional CEMS for applications for which there
          currently are no monitors.  As such CEMS become
          available, EPA will incorporate them- into regulatory
          requirements imposed upon major sources.

          'As to your question on industry's desire-not to have
          full time monitors. Agency experience- suggests that
          some in industry are very apprehensive about a
          mechanism or procedure that can document non-compliance
          and expose their company to potential liabilities that
          can attach to periods of non-compliance.  To many, this
          is an unknown area that  makes them very uncomfortable.

Q. (12)   "Finally, GAO observes that EPA 'has not  fully
          followed through' in  implementing its 1988 emission-
          monitoring policy *calling for CEM installation and
          use where feasibler because of 'resource limitations
          and higher priority activities.'  That  is not an
          acceptable excuse in  light of the President's
          legislation.  EPA and the President promised
          implementation of the law.  Such monitoring is a part
          of it.  Please explain your implementation plans."

A. (12)   EPA plans to review and  revise as appropriate the  1988
          emission monitoring policy taking  into  consideration
          the 1990 CAA amendments; EPA  will develop  a plan which
          will phase  in implementation  consistent with the timing
          for the development of acid rain,  operating permit,
          enhanced monitoring,  compliance certification,  and the
          NSPS and NESHAP  programs to  ensure efficient
          implementation by EPA, States and  industry.   The plan
          will include:
                                    fi-t-ii

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                              -  12  -
        (a)    developing guidance for how EPA and State
               agencies should incorporate CEMS, and when to
               require some other form of continuous monitoring
            -•  in their regulatory activities,
       •-,1
      ~ (b)    the development of additional types- of OEMS/

        -ftjy    incorporating the use of CEMS and other continuous
               monitors in regulations, guidelines, workshops,
               etc.*, and
                                      • ;-A'.-              - -~
        fd)    providing training and technical assistance to
               agencies and industry related to continuous
               monitoring.                           -  .

Q. (13)~ •  n[T]he two pictures in the GAO report are apparently
          EPA pictures. • GAO tells us that one was taken in New
          Jersey in £990 and the other was taken in-Maryland in
        -  1987.  There is no discussion in the report about the
          nature of the pollutants, the controls, or other
          pertinent information.  GAO does not know if there was
          a violation when they were taken.  Also it is unclear
          why-they were taken.  Please provide more such
          details."

A. (13)    We are unable to provide you with the requested
          information at this time.  We will seek assistance  from
          GAO in an attempt to identify the sources involved.  We
          will work with the GAO to determine more details
          regarding these sources.

     I trust that this letter is responsive to the questions  and
issues you have posed.  If you have additional questions or
concerns, please do not hesitate to contact me, or have your
staff contact Michael S. Alushin, the Associate Enforcement
Counsel for Air in the Office of Enforcement about questions
5-7.  He may be contacted at  (202) 382-2820.  For information
about questions 1-3 and 8-13 please contact John Rasnic, Acting
Director, Stationary Source Compliance Division.  He may be
contacted at  (703) 308-8672.  For information about question  4,
you may contact Alan Eckert, Associate General Counsel  for Air
and Radiation, on (202) 382-7606.
                             Sincerely your
                              William K.  Reil
 LE-134A:MALUSHIN:382-2820:M3211
(H -u

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                             - 13 -
Enclosures
cc:  The Honorable Charles A;-Howshef
     Comptroller General      °°wsner

     General Accounting Office
                              ft-fe-13

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             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.  20460
                         JUL 5   1988
                                                         AIM AND RADIATION
MEMORANDUM

                                                  r       ^ls~*
SUBJECT:  Transmittal of SO2 Continuous Compliance/Strategy I

FROM:     John S. Sertz, Director
          Stationary Source Compliance Division
          Office of Air Quality Planning and Standards

TO:       Air Management Division Directors
          Regions I, III, and DC

          Air and Waste Management Division Director
          Region II

          Air, Pesticides and Toxics Management Division
            Directors
          Regions IV and VI

          Air and ToxicJs Division Directors
          Regions VII, VIII, and X

          Air and Radiation Division Director
          Regi on V


     Attached is the  final version of the SO2 Continuous
Compliance Strategy.  As you may recall, a draft compliance
strategy  for SO2 sources was distributed for comment
May  1,  1987.  Subsequently a draft SO2 Continuous Compliance
Strategy  was circulated February 26, 1988.  Based on  the
comments  received on  these two documents this final strategy
emerged.

     The  latest Regional review  (February 26th  draft) indicated
only miiiimal changes  were necessary.  The decision  point
table  used to determine  appropriate  action  for  noncorapliers
has  been  simplified and  additional discussion has been added
concerning resource allocation procedures.  Also,  the overall
document  has been streamlined somewhat and clarified  as nucn
as possible.
                         6-1-1

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                            - 2 -

     As discussed in the "Introduction", an approach is
presented for gathering and analyzing SO2 data in a nationally
consistent manner to help State/local agencies and Regional
Offices make decisions about noncompliers.  As such, it should
help agencies to allocate scarce resources more effectively.
Please note, that while the strategy is designed to provide
flexibility, any actions taken must be consistent with all
applicable enforcement guidance.  Bob Marshall (FTS 382-2862)
is SSCO's contact.

Attachment

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              SO? CONTINUOUS COMPLIANCE STRATEGY
INTRODUCTION

     This strategy provides State/local agencies and EPA
Regional Offices with guidance on making decisions about S02
noncompliers.  It divides SO2 violators into two groups.
The first group consists of marginal noncompliers requiring
additional information before launching an enforcement action.
The second group are sources significantly out of compliance
for which an enforcement action should be considered.
Numerical percentages, related to degree of noncompliance are
used to indicate the appropriate type of follow-up action
(See DECISION POINTS AND RECOMMENDED FOLLOW-UP ACTIONS, p.4).

     The strategy is specifically designed not to impose any
additional burdens; rather, its purpose is to ensure consistent,
efficient and effective utilization of existing SO2 compliance
resources.  Current regulatory requirements are used to determine
excess emissions, averaging time, monitoring methods and
degree of violation.  Previously issued guidance and standardized
procedures provide an adequate basis for fully implementing
this strategy. Specifically, any actions taken should be
consistent with the documents entitled "Timely and Appropriate
Enforcement Response Guidance" which was issued by the Office
of Air and Radiation on April 11, 1986, "Enforcement Applications
of Continuous Emission 1-ton i tor ing Data" which was issued by
the Stationary Source Compliance Division and the Air Enforcement
Division on April 22, 1986; and, the "OAQPS CEMS Policy"
statement, which was reissued on March 31, 1988.  Copies of
these guidance packages may be obtained by contacting the
Stationary Source Compliance Division.

     This strategy does not change any underlying emission
standards or .requirements.  It establishes no rights or
privileges for the regulated sources nor does it change the
definition of a violation.  The goal for compliance remains
at 100 percent.  Further, the level of compliance activity
identified by this strategy should be thought of as a
minimally acceptable program.  Agencies are encouraged to
implement more rigorous activities as they deem appropriate.

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                            - 2 -

APPLICABILITY                      <<

     This strategy applies to £lass .OSO2 sources such as;
coal & oil-fired utility and im3oa-ti^ial boilers, smelters,
refineries,  steel mills, sulfuric acid plants,  and pulp
mills which* are regulated by SIPs,  NSPS or PSD/NSR permits.

DECISION POINTS FOR SO? NONCOMPLIERS

     The data analysis table on page 4 provides numerical
decision points and recommended follow-up actions for different
types of compliance problems that may be identified by stack
test reports or self-reporting mechanisms.  Stack test
reports, such as Method 6 for NSPS sources,  clearly establish
the complilance status of a source in a legally enforceable
form.  Therefore, such a violating source should be immediately
ranked using the prioritization scheme described on page 4;
and, an active enforcement action initiated, if appropriate.

     The three categories of self-monitoring reports submitted
by  sources are: 1) reports from SC>2 continuous emission
monitoring .systems (CEMS), 2) fuel sampling and analysis
reports (FSA), and, 3) other reports, such as malfunction/bypass,
fuel supply or inspection data.  Using in for sat ion from these
reports,, the percent  of noncompliance is computed based on
the length of time in violation.  Length of time refers either
to  excursions above the regulatory limit or lack of monitoring
information due to data collection and/or transmission problems
(See page 3).  The percent of noncompliance is then compared
to  values in the table  and the designated follow-up actions
pursued.   .                 :

     As an example, consider a Subpart Da Electric Utility
steam generator  that  failed to meet  the  1.2 Ibs/MM HTU emission
limit for one 24 hr.  period  (based on a 30 day rolling average).
Under the table heading "GEM AND/OR  FSA  IS THE EMISSION
COMPLIANCE METHOD" and subheading "EMISSION LIMIT EXCEEDED",
the percent of time is  greater than  1% [i.e., 24 hr./  (90
days x 24 hr)= 1.1%].  Therefore, the source should be
scheduled for enforcement consistent with the prioritization
scheme developed on page 5.  This does not mean an automatic
enforcement action must ensue, but  it does place the  source
in-line for future actions as resources  may permit.
                           fc-l-4

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                            - 3 -

     It should be noted that many of these sources would
qualify as significant violators should any violation be
determined to have occurred.  Therefore, these decision
points should be used to identify SO2 significant violators.
Assuming a source meets the other criteria for such a
designation,  these decision points delineate a degree of
noncompliance that would automatically place a source on the
significant violator list.   Additionally, existing guidance
including^hose addressing federally reportable violations',
timely & appropriate enforcement actions and SPMS committments
should be imposed\


                   rv

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                                     - 4 -
                  DECISION POINTS AND RECOMMENDED FOLLOW-UP ACTIONS
                               (Rased on Quarterly Data!
   If the percent is less than that shown below,  acquisition of more data is
   recommended be fere proceeding with enforcement actions.

   If the percent is greater than or equal to the lumerical value below,  a
   prioritization procedure should be used to rank the  importance of the  violation
   and then the designated enforcement activity initiated.
DESCRIPTION OF VIOLATION
   DECISION POINT
1. STACK TEST DATA
   Emission Limit Exceeded
Proceed with enforcement
prioritization ranking.
2. GEMS AND/OR FSA IS THE EMISSION COMPLIANCE METHOD
   (LT = Length of Tine)

   EMISSION LIMIT EXCEEDED
   Formula: (LT In Violation/LT of Operation) x 100%
          1%
   EMISSION REDUCTION SHORTFALL       \                             1%
   Formula: Percent of tine not meeting emission reduction
            requirement.  Formula: (LT In Viol./LT of Oper.) x
      	*           ___   _	  _ _	    	 	 _

   DSTA ACQUISITION SHORTFALL, FDR LON3 AVERAGING TIMES.
   Formula: (LT of Data Inadequacy/LT of Operation) x 100%

   DATA ACQUISITION SHORTFALL, FDR SHORT AVERAGING TIMES.           5%
  • Formula: (LT of Data Inadequacy/LT of Operation) x 100%
3. GEMS AND/OR FSA IS NOT EMISSION COMPLIANCE METHOD
   (LT = Length of Time)

   EMISSION LIMIT E
-------
                                      - 4a  -
4. NftLFUNCTION/BYFftSS EftTA:
   (LT « length of Time)

   EMISSION LIMIT EXCEEDED
   (Except Copper Smelters)                                          5%
   Formula: (LT. In VioIation/LT of Operation)  x 100%

   HUSSION LIMIT EXCEEDED
   (Copper Smelters Only)                                           1%
   Formula: (LT In Violation/LT of Operation) x 100%

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                            - 5 -

DATA COLLECTION

     For those sources exhibiting performance less than the
indicated amount in the table, collection of more data is
recommended.  Acquire more data means the source should be
contacted to determine the specific nature of the apparent
problem and the corrective action taken.  Often clarification
of such problems can be achieved through informal means
(e.g., telephone) and additional review of existing data.
However, if the available data is not useful or conclusive,
then a more formal mechanism is indicated.  Formal approaches
include using Section 114 of-the Clean Air Act, or similar
state authority, conducting a monitor audit or an on-site
inspection.  This formal approach should be consistent with the
priorities in the CMS strategy.  Should an inspection be the
preferred mechanism, such inspection would be scheduled using
the "Compliance Monitoring Strategy for FY 89."  Once the
data is collected and analyzed, the agency should determine
whether to proceed with an .enforcement action.

ENFORCEMENT'

     The requirement to initiate enforcement means that  the
frequency of the violation is great enough that remedial
measures are appropriate.  In this case, traditional
enforcement measures according to EPA's current practices
should be implemented.     ]
                            •                        »
     Due to various limitations, an EPA Regional Office  or
State/local agency may not be able to address all SO2
noncompliers immediately.  Therefore, an enforcement
prioritization scheme should be developed.  Since each agency
has unique .problems and commitments with respect to SC>2/
a number of different approaches are permissible.

     General considerations for any prioritization  scheme
include:

      0  Air quality
      e  Nonattainment vs. Attainment status
      0  Potential emission reductions
      0  SPMS comini tments

Inclusion of these general factors and  their  applicability
for prioritizing sources  is left to each agency's discretion.

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                            -  6 -

     Specific factors that  can be used  to  prioritize SC>2
sources requiring remedial  action include:

     *  Source compliance history
     *  Source's compliance rate compared  to others
        in its category.
     *  Actual emission rate
     *  Control technology  limitations
     *  O&M practices
     "  Frequency and magnitude of  the  violations

     These specific factors should  be woven anto the overall
scheme developed under the  general  considerations.   Each
agency should formulate it's own prioritization scheme as
soon as practicable.

     In addition, sources designated by the chart on page 3
should be prioritized for inspection consistent with their
ranking under the CMS process.  Any sources subsequently
inspected and found to be in violation  should, then be
prioritized for enforcement action consistent with existing
guidance.  The results are, of course,  reported through the
Compliance Data System.

DATA BASE REQUIREMENTS

     All data reported on an affected unit should be entered
into the appropriate data system following existing guidance
(i.e., enforcement actions  in CDS and EER data in the CEMS
Subset of CDS).  Guidance issued by SSCD on July 9, 1987
on the CEMS Subset and Attachment B to "Second Quarter FY 88
SPMS Reporting Instructions for the Stationary Source
Compliance Program", (March 15, 1988) provide instructions
on the input of unit-specific data, and the information to be
reported through the CEMS Subset.

SUMMARY

     A strategy to maintain a high level of SC-2 compliance  .
must be incorporated into each yearly planning cycle.  It is
recognized that resource limitations effectively prevent an
aggressive follow-up to each and every violation.  Therefore,
to more efficiently  utilize EPA funding, this strategy has
been devised as a msans to prioritize resource expenditures.
In essence, very minor violations require  only more data
collection rather than immediate enforcement actions.  Other
violations are  treated in a more traditional fashion.

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Appendix C

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                UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                  REGION I
DATE: January 10, 1991

SUBJ: Review of the Region I SO2  SIPs

PROM: Tom Elter

  TO: Susan Studlien

THRU: Bob O'Meara
In conducting the Connecticut review, I consulted both Dave Conroy's
file on the Connecticut SIP and the files contained in the Lektriever.
Single source SIP revisions were excluded from this review.
Unfortunately, the details of the conditions associated with the SIP
changes are not well documented, and this complicates the review.

In conducting all other reviews, after consulting 40 C.F.R. Part 52, I
went to the SIP files contained in the Lectriever and examined all
pertinent changes to the each SIP, excluding single-source SIP
revisions.  Unfortunately, the details of the conditions associated
with the SIP changes are not well documented.  Furthermore, in many
cases -the original 1972 SIPs were missing.  This complicated the
review, because the current SIP had to be pieced together.

GENERAL COMMENTS

All of the SIPs regulate S02 from fossil fuel combustion by regulating
the sulfur content of the fuels.  The SIPs regulate persons who use,
buy or sell fuel oil for use in their respective States.  In general,
there are no test methods specif j^^, a"^ *•"•» ra^r>r/^o t^ t-xa kept or
reports to be sent to the agencies.  There are no averaging times
specified.  There are no means of continuous compliance.

Most SIPs allow for the use of higher sulfur fuels if the flue gas is
cleaned such that S02 emissions are equivalent to what would be emitted
burning the same fuel with complying amounts of sulfur.  There are no
continuous emission monitoring requirements for add-on control devices.
There is no discussion of how the emissions are to be shown to be
equivalent (for instance, how does one deal with sulfur retention in
the ash?) .  Also, there is no requirement that the source notify the
agency of the option it chooses to comply with (although this seemed to
be a concern voiced during the national teleconference, I don't see
this as a trick question).

Many of the SIPs have an emergency variance provision whereby the

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Director of the agency can approve the use of a higher sulfur fuel in
cases of a fuel shortage.  Most of these provisions were not approved
by EPA.

None of the single-source SIP revisions I examined are summarized in
this memo.  However, none of the revisions I examined modified the SIP
with the exception of raising the allowable sulfur content of the fuel
for that particular source.

A completed SO2 Enforceability Checklist for each  state  is  attached.   I
have also attached pertinent copies of state regulations, Federal
Register Notices, etc.  Due to the abbreviated time frame in which to
complete this task, I reviewed the SIPs only in the context of the
checklists, and did not critically review the SIP language.

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MASSACHUSETTS

The Massachusetts SIP regulates the sulfur content of fuels.  The
regulation is organized into six sections (Metropolitan Boston, Pioneer
Valley, the Berkshires, Central Massachusetts, Merrimack Valley, and
Southeastern Massachusetts). The contents of each section is structured
the same way:  The first paragraph limits the sulfur in fuel.  A second
section allows the use of a higher sulfur fuel if emissions to the air
are no greater than if a low sulfur fuel were used (that is, if
emissions are scrubbed).  Another section establishes a limit for
distillate oil.  Also, there is a provision which requires distributors
of fuel to register with the Department.

In addition to the above requirements, in each of the sections of the
regulation except the Berkshire Air Pollution Control District, there
appears a section which raises the allowable sulfur content (from 0.55
pounds sulfur per million BTU to 1.21 pounds sulfur per million BTU)
for facilities having an energy input capacity of 100 mmBTU/hr or more.
One possible problem with the wording is that it is not clear that this
provision applies only to units with an individual capacity of 100
mmBTU/hr, or whether the entire facility can be aggregated.  However, a
more serious concern, after review of the SIP files, shows that these-
revisions were made for specific sources and may not necessarily apply
to each 100 mmBTU/hr boiler across the board.
                                                      •
As is the case with the other SO2 SIPs in New England, the  are  no
averaging times stated, and no test methods are stated.

A copy of the State SIP regulation is attached.  Some miscellaneous
comments appear in the margins.

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                    S02 SIP ENFORCEABILITY  CHECKLIST
                     Commonwealth of Massachusetts
                        Sulfur in Fuel Regulation
 1.  Does the rule specify  sources subject to the rules?
  Yes:  Persons owning,  leasing, or controlling the operation of a
 fossil  fuel utilization facility;  persons responsible for the sale or
•distribution of fuels...
 2.  Averaging times:
 None are stated.
 4.  Compliance Tests?
 No methods are stated.
 5.  Is  there a means of assessing compliance on a continuous basis?
                                 •
 No.
 6.  Reporting requirements:
 7.  Recordkeeping/retention:
 Persons delivering  fuels with a sulfur content in excess of the
 regulation limits must verify that the Department has approved of its
 use, and also keep  a record of the shipment.  .Any person distributing
 fuel must be registered.with the Department.
 8.  Alternative compliance (i.e., low sulfur or scrubber):
 Sources can use a scrubber.
 There is no recordkeeping,  test methods, or continuous compliance
 methods specified.
 9.  Directors discretion:
 The Department may  approve the use of higher sulfur fuel in units with
 a heat  input capacity  of 100 mmBTU/hr.  EPA has required these to be
 SIP revisions.
                                     C-l-4

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MAINE

General Discussion:

The original Maine sulfur-in-fuel SIP was approved in 1972 (copy
attached).  It was revised on January 8, 1982 (copy attached).  The
revision establishes a limit of 2.5 % sulfur statewide, except in a
downtown Portland area, referred to as the "Portland Penninsula," where
the limit is 1.0 %.  There is an exemption for sources that install
add-on control equipment that achieves an emission limit equivalent to
what would be emitted burning 1.5 % sulfur fuel.  This appeared in the
1972 SIP and was presumably carried over into the 1982 revision.  The
1982 state submittal also provided an exemption during fuel shortage
periods, which the EPA did not approve.  No test method.s are specified.
No averaging times are specified.  There is minimal recordkeeping
requirements.

The federal SIP is inconsistent with the state law, which raises the
allowable sulfur limit in some areas.  Please refer to the attached
copy of the state regulation.
                        •

The sulfur dioxide emissions standard for sulfite mills was approved by
EPA in 1972.  The standard limits emissions to 40 Ibs SO2 per  air dried
ton of sulfite pulp produced.  The regulation should state how to
measure the pulp production.  (Actually, a concentration limit is much
easier to enforce.)  There is a malfunction provision in the 1972 SIP
(requiring subject sources to notify the state with 48 hours), and test
methods were specified.  The state agency may approve the use of
equivalent methods.

Please refer to the attached SO2 checklists which have been completed
for these regulations.

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                    SO2 SIP ENFORCEABILlTY CHECKLIST
                            State of Maine
                      Low Sulfur Fuel Regulation
1.  Does the rule specify sources subject to the rules?
Yes:  Persons who sell,  distribute,  buy, or use fuel.
2.  Averaging times:
None stated.
3.  Consistent with NAAQS?
No averaging times are stated.
4.  Compliance Tests?
No Test methods are stated in the federal SIP.  However, the existing
state regulation does state some test methods for sampling and
analysis.
5.  Is there a means of assessing compliance on a continuous basis?
Np.
6.  Reporting requirements:
Any person importing residual oil or coal into the state must submit a
record of the sulfur content pf each shipment.
Regulation doesn't say what the report is to contain, or when it should
be sent.
7.  Recordkeeping/retention:
The 1972 SIP required that any person importing or shipping residual
oil or coal into the Metropolitan Portland Air Quality Control Region
shall maintain a record of the sulfur content for three years.  This
apparently was not carried over in the 1982 revision.
8.  Alternative compliance (i.e., low sulfur or scrubber):
A source may install add-on control equipment as long as emissions are
equivalent to burning 1.5 % sulfur fuel.  No equivalecy methods or
calculations are described.   Sulfur retention is not described.
9.  Directors discretion:
The director may grant a varience,  but this provision is not part of
the SIP.
                                 C-J-fc

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                    SO2 SIP ENFORCEABILITY CHECKLIST

                             State of Maine
                        Sulfite Mill Regulation

1.  Does the rule specify  sources subject to the rules?

"All emissions  (except  from burning petroleum fuels}  at sulfite-type
pulp mills."

2.  Averaging times:

None are stated.

3.  Consistent with KAAQS?

No averaging times are  stated.

4.  Compliance Tests?

Manual test methods 1 and  6 as promulgated by EPA on December 23,  19.71,
or other such methods as are deemed equivalent by the Department of
Environmental Protection.

5.  Is there a means of assessing compliance on a continuous basis?

No.

                                                                •

6.  Reporting requirements:

The is a malfunction regulation which requires the source to notify the
state in 48 hours.

7.  Recordkeeping/retention:

None.

8.  Alternative compliance  (i.e., low sulfur or scrubber):

None.

9.  Directors discretion:

See above.

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RHODE ISLAND

The current Rhode Island SIP establishes a maximum sulfur content in
fuels.  It allows the use of a higher sulfur fuel if flue gas cleaning
processes are used.  It allows for the use of emissions bubbling
(approved by EPA in 1983) .and contains a conversion/conservation
incentive.  There is a section of the state regulation that allows an
exemption for coal boilers over 250 mmBTU/hr that was not approved by
EPA.

A checklist for this regulation is attached.

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                    S02 SIP ENFORCEABILITY CHECKLIST

            State of Rhode Island and Providence  Plantations
                 Regulation 8:   Sulfur Content  of Fuels


l.  Does the rule specify  sources subject to the rules?

Yes:  Persons that-  store for sale, offer for sale, sell or deliver for
use in RI, and persons  that use or store high sulfur fuel.  (High
sulfur fuel is defined  in  the regulation) .

2.  Averaging times:

None are stated.

3.  Consistent with NAAQS?

No averaging times  are  stated.

4.  Compliance Tests?

Not clear.  Section 8.4.1(a) references 40 C.F.R. Part 60, Appendix A,
but 8.4.1(b) specifies  laboratory analysis of fossil fuels by the owner
or operator or supplier using ASTM methods approved by the Director.

EPA approved the revision  with the understanding that RI would not
approve a method without first consulting EPA.

5.  Is there a means of assessing compliance on a continuous basis?

No.

6.  Reporting requirements:

Section 8.4.2 requires  that each shipment of residual fuel oil received
at a marine terminal be sampled and a report sent to the Director.  The
regulation doesn't  say  who shall do the sampling  (other than a
"qualified laboratory), "marine terminal" is not defined, test methods
are not specified,  and  a "qualified" laboratory is not defined.

7.  Recordkeeping/retention:

None.

8.  Alternative compliance (i.e., low sulfur or scrubber):

Alternative compliance  provisions include the use of control equipment,
the use of a bubble, or conservation-type permits.  If gas cleaning is
used, the Department must  approve it and the source must meet an
emissions limit of  1.1  Ib  S02/mmBTU.   No testing is required;  no
averaging times are specified; there are no provisions for continuous



                                  c,-\-<\

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monitoring.

If emissions bubbles are used, the source must get approval from the
Director.  EPA approval of this revision stated that such approvals
would have to be SIP revisions, although this is not recognized in the
regulation itself.  Furthermore, this regulation was approved prior to
EPA's publication of EPA's current "bubble" policy.  One could argue
that the 1979 or 1982 policy would apply.  The current policy should be
stated in the SIP.  There are no averaging times specified, nor
compliance test methods specified.  Recordkeeping is not mentioned.
However, these deficiencies could be contained in the bubble
permits/SIP revisions.

If a conversion/conservation incentive is sought, approval must come
from the Director.  Again, the EPA approved this contingent on the
source receiving a SIP revision.  No averaging times or compliance
provisions are discussed.

9.  Directors discretion:

As discussed above, relative to EPA's approval of the bubble and
conservation provisions, a SIP revision is necessary.  Regarding the
Director's approval of test methods, the RI agency promised it would
check with EPA first.

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VERMONT

I have not been  able to locate  the original Vermont SIP.  However, the
Vermont state  agency has compiled the  federally-approved SIP, and this
is attached.   Also attached is  a copy  of Vermont's current sulfur
regulations, which are not necessarily part of the federal SIP.  For
instance, Regulation 5-221(2),  pertaining to waste oil, is not part of
the SIP.

Vermont's original SIP was approved in 1972.  There have been two
revisions, one in  1977 and one  in 1978.  The 1977 revision to
regulation 5-221,  Prohibition of potentially polluting materials in
fuels, added 5-221(b),  which set a sulfur dioxide emission limit,
expressed in pounds SO2/mmBTU,  on boilers with a heat input greater
than 250 mmBTU/hr.   The 1978 revision, which EPA termed procedural,
moved 5-221(b) to  5-251,  Prohibition of gaseous air contaminants,
paragraph (2), Control of sulfur dioxide.  New paragraphs were added,
5-221 (b) -  (d), which allow the use of flue gas cleaning and provide
for an exemption from the low sulfur regulation during fuel shortages.
                                    6-1-

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                    S02 SIP ENFORCEABILITY CHECKLIST

                           State of Vermont
    Prohibition of  Potentially Polluting Materials In  Fuel,  5-221
                           1978 SIP Revision

1.  Does the rule specify sources subject to the rules?

Yes:  persons who use, buy, or sell fuels for use in Vermont.

2.  Averaging times:

None 'stated.

3.  Consistent with NAAQS?

No averaging time is stated.

4.  Compliance Tests?

No compliance test methods are stated.

5.  Is there a means of assessing compliance on a continuous basis?

No.

6.  Reporting requirements:

None.

7.  Recordkeeping/retention:

None.

8.  Alternative compliance (i.e., low sulfur or scrubber):

    Is it clear what applies?   The alternative compliance scheme
allows for the use of flue gas cleaning equipment.  The emissions must
be no greater than what would be emitted under the low sulfur fuel
section.

    Does it require notification?
No.
    Other requirements?

Emission testing is required to demonstrate the effectiveness of the
controls.
9.  Directors discretion:

The Secretary may approve the use of 2.2 % S fuel if a person shows
that 2.0 % S is not available.

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                    SO2 SIP ENFORCEABILITY CHECKLIST
                            State of Vermont
               Control of Sulfur Dioxide  Emissions, 5-252
                            1978 SIP Revision

1.  Does the rule specify  sources subject to the rules?
Yes:  Fuel burning equipment with a heat input of 250 nunBTU/hr.
2.  Averaging times:
None specified.
3.  Consistent with NAAQS?
No averaging times specified.
4.  Compliance Tests?
No tests are specified.
5.  Is there a means of assessing compliance on a continuous basis?
No.
6.  Reporting requirements:
None.                         ,
7.  Recordkeeping/retention:
None.
8.  Alternative compliance  (i.e., low sulfur or scrubber):
None.
9.  Directors discretion:
None.
                                      6-1-

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NEW HAMPSHIRE

There have been three statewide SO2  regulation actions by EPA.   The
first is the approval of the original 1972 SIP.  Those early
regulations included two sets of sulfur regulations:   (1) a sulfur-in-
fuel reg and (2) a smelter regulation.

The second statewide action was the 1983 revision. For the most part,
this action simply approved a renumbering of the state regs.  Some
minor changes were made.  Of significance regarding the SO2 regs was
New Hampshire's attempt to relax the SO2 SIP,  which EPA disapproved.
However, it looks like EPA approved a variance with the regs contingent
on a fuel shortage.  Also, regarding Chapter 108 (Testing
Requirements), there is a note in the margin stating "revised see
attached revisions," but no revisions are attached.  Finally, in the
1983 SIP revision, the EPA did not approve New Hampshire's variance
regulation, Chapter 206.

The third action was the 1984 revision raising the statewide sulfur-in-
oil limit from 1.0- % to 2.0 or 2.2 % except for ten identified sources.
                                                      *
Copies of each of these regulations are attached, as are  SO, SIP
ENFORCEABILITY CHECKLISTS.

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                    SO2 SIP ENFORCEABILITY CHECKLIST

                         State of New  Hampshire
                           ' 1983 SIP/Revisions
        Regulation:  Chapter 400 Sulfur Content Limits In Fuels

1.  Does the rule specify  sources subject to the rules?

Yes:  persons using fuel in fuel burning devices
      persons selling  fuel  for use in fuel burning devices.

Deficiency:  definition of  fuel burning device has director's
discretion

2.  Averaging times:

Deficient:                          s

None for liquid fuel;   "trimonthly" for coal at 2.0 Ib/mmBTU, but no
specific period for short-term limit of 2.8 Ib/mmBTU (presumed
instantaneous).

3.  Consistent with NAAQS?

Deficient:
                                            •
Averaging, time is not  consistent with the NAAQS.

4.  Compliance Tests?

Deficient:

Chapter 800:  No specific  test methods are mentioned ( i.e., by methods
of measurement accepted by the EPA or by the agency).

Chapter 400:  "in accordance with the most recent ASTM methods or
equivalent methods acceptable to the agency."

5.  Is there a means of assessing compliance on a continuous basis?

No.
                                                            »
6.  Reporting requirements:

Deficient:

Chapter 400 requires:   all  major companies, and other companies
designated by the agency,  which supply fuel for use or sale in the
state, are required to submit to the agency copies of fuel analyses for
each different consignment of fuel.

The reg does not specify the companies to which it applies.   It is my

-------
opinion that it should apply to those facilities that burn the fuel.

The reg does not define consignment, nor sampling frequencies, nor
reporting frequencies.

7.  Recordkeeping/retentioh:

Deficient:  there are no records retention requirements.

8.  Alternative compliance (i.e., low sulfur or scrubber):

The reg includes an exemption to the low sulfur fuel regulation for
sources that have sulfur dioxide emissions control equipment.

    Is it clear what applies?  Yes:  sources that operate fuel burning
devices.

    Does it require notification?  Yes:  "Upon application to the
commission..."  It does not detail what data/information must be
submitted in the application.

    Other requirements?

The applicant must prove to the satisfaction of the agency the device
will continuously prevent emissions in excess of what would be emitted
under the low-sulfur part of the regulation burning the same type of
fuel.  This is deficient because, in addition to requiring the
applicant to make the agency happy, the regulation should state
unequivocally what the compliance levels are.

There are no averaging times stated, no malfunction provisions, no
compliance test methods, no GEM requirements, and no reporting nor
recordkeeping requirements.

9.  Directors discretion:

It appears that EPA approved a 90 day variance contingent upon a fuel
shortage.  It requires that an application be submitted to the agency.
The variance is granted if it is shown to the "commission's
satisfaction" that there isn't enough complying fuel, and that the
NAAQS will not be violated.  The lack of complying fuel must be
verified by the governor, and an affidavit must be signed by the
applicant.  The agency must notify the EPA after granting the
exemption, and no variance shall become effective until it has received
approval from the EPA.

Deficiency:  This was not in the original SIP, and it looks like EPA
rubber stamped it (since each emergency variance requires EPA approval
prior to its effective date).

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                    S02 SIP ENFORCEABILITY CHECKLIST

                         State of New Hampshire
                           1983 SIP/Revisions
                 Regulation:  Chapter 1205.04, Smelters

1.  Does the rule specify  sources subject to the rules?

Yes:  Copper, zinc, and  lead smelters (smelters is defined in Chapter
100) .


2.  Averaging times:

Nop averaging times are  specified.

3.  consistent with NAAQS?

N/A.

4.  Compliance Tests?

No tests are specified.
  »
5.  Xs there a means of  assessing compliance on a continuous basis?

No.


6.  Reporting requirements:

None.

7.  Recordkeeping/retention:

None.
                                                     •
Original 1972 SIP had  a  malfunction provision whereby the source could
continue to operate for  48 hours  if the malfunction was reported to the
agency, in 8 hours.  The  Commission also could extend operations to
beyond the 48 hours.

8.  Alternative  compliance (i.e., low sulfur or scrubber):

Not applicable.

9.  Directors discretion:

None.

Original SIP contained some provisions.

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                    S02 SIP ENFORCEABILITY CHECKLIST

State of New Hampshire
1983 SIP
Regulation:  Chapter 108, Testing Requirements

Summary:  this regulation requires submission of a test plan; states
that the agency may require tseting;  requires testing to be done at
representative points;  states that testing shall be done by methods
accepted by the EPA or the agency;  requires the owner to provide
ports;  states that data collected will be made available to both the
source and the state;  and states that VOC testing may be accomplished
with a mass balance where appropriate.

1.  Does the rule specify sources subject to the rules?

No.

2.  Averaging times:

Not Applicable.

3.  Consistent with NAAQS?

Not Applicable.

4.  Compliance Tests?

No methods are specified.
                             •
5.  Is there a means of assessing compliance on a continuous basis?

NO.
                                 •
6.  Reporting requirements:

None.

7.  Recordkeeping/retention:

None.
                                  •
8.  Alternative compliance (i.e., low sulfur or scrubber):

Not Applicable.

9.  Directors discretion:

Discretion used on the selection of test methods.

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CONNECTICUT

Under Regulation 22a-174-19,  the SIP regulates SO2 from fuel
combustion,  refinery gas (as  H2S), copper, zinc,  and lead smelters,
sulfite pulp mills,  and other process sources.  Also, recordkeeping and
testing requirements can.be found under regulations 22a-174-4 and -5.

The original Connecticut SIP  was approved in 1972.  Revisions to the
SO2 SIP were made in August 1981  and November 1981.  The August 1981
revision incorporated Connecticut's  Energy Trade Program.  Some
provisions of state  law are not part of the feredal SIP, as noted on
the attached copy of the state regulation.

The sulfur-in-fuel regulation,  which is confusing  to read, is
summarized as follows:

      a(2) requires  the use of fuel  with a maximum sulfur content of
           1.0 %,  dry basis.   Solid  fuel users must get an operating
           permit or demonstrate that emissions are not greater than
           1.10 Ib S02/mmBTU.

      Discussion:  The November 1981 revision raised the statewide  •
      sulfur limit from 0.5%  to 1.0%.  The federal  register (48 FR
      56613)  clearly states in the narrative that  the statewide 1.0 %
      limit  is intended for fuel oil.   If a source uses coal with a
      sulfur content of 1.0 % it must demonstrate  that, in addition,
      its SO2 emissions are less  that 1.1 Ib SO2/mmBTU or get a permit.
      The narrative  states  that the  permit must be submitted as a SIP
      revision.

      a(3)(i)  contains provisions for the use of other than 1 % sulfur
           fuel.   It states that the "Commissioner" may approve the
           combustion of fuels which contain more  than 1.0 % sulfur
           provided  that the  emissions from a given "premise" do not
           exceed 0.55 Ib S02/mmBTU of gross heat input.

      a(3)(ii)  contains provisions that allow the  "Commissioner" to
           approve the combustion of fuels with more than 1 % sulfur
           provided  emissions do not exceed 1.1 JLb SO2  /mmBTU  of heat
           input.

      Discussion:  [  EPA approved Connecticut's Energy Trade Program in
      August 1981, but made corrections to inconsistencies in the final
      rulemaking in  November,  1981.  ]

      There  are two  important distinctions in the  wording of these two
      paragraphs.  Paragraph  a(3)(i)  applies to a  "premise," and limits
      emissions on a "gross heat input"  basis, while a(3)(ii)  applies
      to fuel burning equipment and  limits emissions on a "heat input"
      basis.   The narratives  contained in the proposed (May 1981) and
      final  (August  and November 1981)  Federal Register notices attempt
      to describe what this provision is trying to accomplish.  It
      requires establishment  of a type of cap based on an energy-to-

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      production ratio.  Essentially, a particular  "premise"  (grouping
      of all air pollution emitting sources at one  location) selects a
      year in which  its energy needs per unit of production  (i.e.,
      MW/thousand widgets) were the highest (least  efficient energy
      use) and uses  this year to calculate the "gross heat input,"
      which is an annual .number.  Neither the SIP nor the Federal
      Register states how the energy per unit production ratio is to be
      applied (supposedly it is in the SIP narrative).

      Regulation 19  also includes standards for flares at refineries,
      sulfuric acid  plants, sulfur recovery plants, smelters, sulfite
      mills and other process sources.  No averaging times are stated,
      nor are emission test methods or reporting/recordkeeping
      requirements.  Some problems exist with the standards.  For
      instance, the  sulfite mill standard is expressed in pounds SOX
      per air dried  ton of pulp.  There needs to be a way to measure
      the air dried  tons of pulp produced, yet none is specified.
      "Other process sources" are limited to 500 ppm SO2 at  standard
      temperature and pressure, but standard conditions are not.
      defined.

I have attached the  SO2 checklist  for the SO2, recordkeeping and
testing regulations.

In my opinion, EPA's reliance on its interpretation of the narrative in
the Federal Registers, and the "SIP narrative" (presumably contained in
the SIP file) is a major deficiency.  In addition to the obvious
problems of interpretation, there are other issues that arise, also.
For instance, the consumption of PSD increment was raised during the
comment period.  EPA  relied on the SIP "narrative," that is,  a promise
by the state to see  if emissions increases impact a baseline. Finally,
wherever the "Commissioners" approval is needed,  it seems that the
narrative in the Federal Register states that a SIP revision is needed.

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                    SO2 SIP ENFORCEABILITY CHECKLIST

                          State of Connecticut
                                1981 SIP
                Regulation!  22a-174-19, Sulfur Dioxide

1.  Does the rule specify  sources subject-to the rules?

Yes:  It applies to fuel merchants and fuel users, (both defined) ;
refineries; sulfuric acid  plants;  sulfur recovery plants; smelters;
sulfite pulp mills;  and other process sources.  None of these sources
were defined.

2.  Averaging times:

No averaging times are listed in the regulation.

3.  Consistent with NAAQS?

Not applicable.

4.  Compliance Tests?

Under paragraph a (5),  the  "Commissioner" may require fuel analyses and
stack tests to ensure  compliance.  A separate regulation specifies the
methods (See the accompanying checklist).

5.  Is there a means of assessing compliance on a continuous basis?

No.

6.  Reporting requirements:       v

None.

7.  Recordkeeping/retention:

Paragraph a(6) requires people selling fuel containing sulfur to keep
records of all sales.   This doesn't say anything about what is to be
maintained, or for how long.

8.  Alternative compliance (i.e., low sulfur or scrubber):

There are no provisions allowing a source to comply using a wet
scrubber.  There are provisions allowing the use of a higher sulfur
fuel, subject to the approval of the Commissioner.  EPA interprets this
to require a SIP revision  (as stated by EPA in the Fed. Reg. notices
approving the regulations) .
    Is it clear what applies?

No;  State Procedures  are  supposedly contained in the SIP narrative,
but are not described  in the regulation.

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    Does it require notification?

Yes, it requires a permit.

    Other requirements?

See Comments in memo.
9.  Directors discretion:

As mentioned above, wherever the Commissioner's approval (or a permit)
is required, EPA intended that such approval/permit was to be submitted
as a SIP revision.

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                    SO2 SIP ENFORCEABILITY CHECKLIST
                          State of Connecticut
                       Regulation:  Recordkeeping
1.  Does the rule specify  sources subject to the rules?
Yes:  The operator of  any  air pollution source...as prescribed by the
Commissioner.
2. - 4.  Not applicable
5.  Is there a means of assessing compliance on a continuous basis?
Paragraph a(2) gives the Commissioner broad authority to require
continuous monitoring  or use of stack sampling.

6.  Reporting requirements, and 7.  Recordkeeping/retention:
Paragraph (c) gives the Commissioner broad authority to require the
submission of records;  monitoring data are to be kept for 3 years.
8.  Alternative compliance (i.e./ low sulfur or scrubber):
 ^Not Applicable.
9.  Directors discretion:
The Commissioner approves  opacity monitor design and performance
specifications;  prevents  deliberate shutdown of monitors.

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                    S02 SIP ENFORCEABILITY CHECKLIST
                         State of Connecticut
                     Regulation:   Emission Testing

1.  Does the rule specify sources subject to the rules?
This is a broad regulation which is used to specify emission test
methods.
2. and 3.  Not applicable.
4.  Compliance Tests?
Methods for the analysis of fuels for sulfur are specified.  Sampling
frequencies are not specified.
Methods for testing for sulfur dioxide and sulfur oxides specify use of
the manual test methods found in 40 CFR Part 60.  Modifications can be
made subject to the approval of the Commissioner.
9.  Directors discretion:

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           jyod
                  UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                   REGION II
 DATE:
UBJECT: SO2 SIP Deficiencies Final Review  ("Yellow Book")

      William S. Baker, Chief
      Air programs Branch

   TO-. Laura McKelvey, Environmental  scientist
      SO2 Programs Section, OAQPS


      Enclosed  is Region  II 's  final  review in  identifying deficiencies
      in sulfur dioxide (S02)  State  Implementation Plans (SIPs) .   The
      review has been updated  to incorporate the virgin islands SIP to
      complement the New  Jersey, Mew York and  Puerto Rico SIPs.   The
      overview,  highlighting general comments  of the review,  is also
      included.

      This memorandum is  also  making OAQPS aware of the Region's
      requt > to include  this  review in  appendix form in the "Yellow
      Book."
         »
      On the  issue  of State commitments  to submit  schedules to correct
      deficiencies,  Region II  has  not solicited, nor received any
      commitments at this point.   However, based on the Fiscal Year
       1991 STAR Targets,  Region II is presuming that all four States
      will require  revisions and thus need to  submit schedules.  Also,'
       an air  quality demonstration is required to  support an earlier
       SIP revision  affecting sulfur- in- fuel limitations on St. Croix,
       VI.  Therefore, the total number of schedules expected from the
       States  was cited as five in  the STAR report.  Upon receipt of the
       "Yellow Book," my staff  will begin negotiations with the states.


       Attachments

       cc:        R.  Werner, 2AWM-AP


       bcc:       K.  Mangels,  2AWM-AC
                 J.  Menczel,  2AWM-AC
                 R.  Ruvo,  2AWH-AP
                 K.  Seet,  2AWH-AC
                 Y.  Yeung, 2AWM-AC

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            Region II Overview of alP  Review

Puerto Rico regulations establish source specific rules
which are then applicable to other general rules describing
source monitoring, record keeping, reporting, san^ ling and
testing methods, air pollution emergencies, air pollution
control equipment, permits and compliance plans.

Puerto Rico's source specific rules sometimes contain
phrases such as "comply to applicable rules in this
Regulation."  These  'catch all phrases' are assumed to be
used in order to* hold a source accountable in cases where it
is not clearly stated.  When deficiencies are corrected, it
is suggested that this type of phrasing be revised to
clearly define exactly which sources are accountable and by
which rules.

Alternative Approaches in Puerto Rico's SIPS are found in
Rule 107 Air Pollution Emergencies.  This rule presents
emission levels of pollutants and combinations of pollutants
which would then dictate the type of emergency.' However
appropriate control  actions to be taken are stated but not
clearly defined.  Emergencies, malfunctions, start-ups and
shutdowns should be  reviewed and better defined when
regulations are revised.

New York Part 227  Stationary Combustion Installatior
all parts of this regulation are adopted into the SIP

New York Part 214  By-Product Coke Oven Batteries is not
part of the adopted  SIP.
     Part 214.9  Gaseous emissions:  The limit of sulfur
     compounds is.measured as hydrogen sulfide.

New York Part 216  Iron and/or Steel Processes
     Part 216.3   Gaseous emissions:  No specific gases are
     identified.  Would this  include  SO2 and/or H2S ?

New York Part 225-2   Fuel Composition and Use - Waste Fuel.
Fuel sulfur limitations set forth in  Subpart 225-1 are
referred to in the definitions of waste fuels.  However, the
sampling requirements do not  refer to sampling by any
specific method.

In general, the checklist questions were used with an
understanding that when a conflict occurred amongst the
reviewers as to how  clearly a rule is written, the default
was  "no."   This would at least flag a deficiency that needed
additional  review or policy.   It is suggested that
subsequent  steps  in  the correction process  include examples
as to  what  type of phrasing makes for a clear rule.


                          C-l-Z

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NJAC 7:27-7
NJAC 7:27-9
NJAC 7:27-10
NJAC 7:27-13
                  2
HEW JERSEY SOj fllP DEFICIENCY REVIEW
          Applicable Rules
Sulfur
Sulfur in Fuels
Sulfur in Solid Fuels
Ambient Air Quality Standards

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                   JERSEY flO3 fllP DEFICIENCY REVIEW

                       MJAC 7:27-7   Sulfur

1.   Does the rule clearly specify sources subject to rule?

     YES.
     The rule clearly states  that all facilities emitting sulfur
     compounds in the forms of gases, vapors or liquid from any
     stack or chimney would be subjected.  Only exception in the
     regulation is for commercial fuel combustion facilities or
     discharges from 'pressure relief stack due to emergency
     conditions.  Some facilities are exempted from certain parts
     of the regulation due to their gases discharge volume and
     the nature of the facility.  Flares are also mentioned.


2.   Does the rule clearly specify applicable averaging times
     associated with emission limitations.

     YES.
     The average time is based on a 60 minute rolling average,
     while emissions limit is determined by the stack height,
     stack exit velocity and  exit gases temperature of the
     facility.


3.   Is averaging'time in rule consistent with protection of the
     NAAQS?

     YES.


4.   Does rule have compliance test methodologies consistent with
     the averaging time and units of the applicable emission
     limitations?

     YES.
     Although no specific method is mentioned in the regulation,
     the compliance test methods chosen must be approved by State
     agency.  The compliance  test does require data such as SO2
     concentration/ total gas volume   scharged, gas temperature
     and pressure at sampling point,    be recorded at least once
     each hour (This may not  show com^-iance   ^r a 60 minute
     rolling average value).


5.   Does rule have a ^ea -.; of determining compliance/excess
     emiff
-------
 7.
      Not clear,  the* regulation specifically  stated  that emissions
      must not exceed the allowable  limit  in  any  60  minute  period
      and at any  instant the maximum emissions rate  should  not
      exceed twice the allowable emission.  However/ regulation
      does not explicitly state that CEM is required.  It only
      states that sampling and testing facility must be provided
      to the State agency upon State's request.


      Is the averaging time of the rule's continuous compliance
      monitoring and reporting methodology consistent with
      protection of the NAAQS?
  Does rule specify requirements  to report  compliance data  to
  regulatory agencies, Including  format and frequency of data
  reporting?

  NO.

  There isn't any reporting of compliance data directly  to the
  State except for those facilities requesting exemptions from
  the regulation, which is a one time reporting.  Only stack
  testing data are required to be kept on site for the state
  to review.  In addition, notification for start up/ or shut
 down which exceeded the allowable limits must be reported to
 the State.
8.


     YES.
 Does rule contain clear requirements for compliance data
 recordkeeplng and retention?

 YES.

 Stack test data must be kept on  site for state  to  review for
 at least one  year.


 If the rule contains an Alternative Approach:
 a)    Is  it clear which limits apply  to each affected source
      prior to the tlmeframe In question.
b)    is  it clear that such limits, once selected, apply  to
      each source for the entire duration of the reporting
     period.

c)   does it require source notification or request from the
     agency prior to the effective tlmeframe.
d)   does it require CEMS,  which are always available,  to
     assure acquisition of sufficient data to  determine each
     source's compliance status under all alternative
     conditions.

-------
     a)   YES.
     b)   NO.
     C)   NO.
     d)   NO.
     Yes, regulation has alternative approach for multiple stacks
     emissions from single source operation, a) Yes, regulation
     states that total quantity discharged from any one stack
     shall not exceed the allowable emission permitted for that
     stack, nor shall the total quantity discharged from all the
     stacks exceed the allowable emission that would be permitted
     from the single stack having the greatest allowable
     emission,  b) The regulation does not explicitly state that;
     however, it is implied,  c) No.  d)  No, it is unclear
     whether OEMs is required by the regulation; however,
     regulation has provision for the State to require the
     facility to install temporary or permanent testing and
     sampling facilities on site.

20.  if the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it
     clearly state the method of determining compliance on a
     continuing basis?

     NOT APPLICABLE.
                                          »

11.  Does the rule contain director's discretionary authority?
     Director's discretion should be highlighted and disapproved
     in accordance with forthcoming guidance.

     YES.
     Director's discretion is contained throughout the
     regulation.


12.  Section 123 deficiencies; including compliance with the 2985
     regulations, sources affected by the remand and ICS.

     NOT APPLICABLE.
     There are no intermittent control systems in Region II.

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                                6

              NEW JERSEY 8Qa SIP DEFICIENCY REVIEW

                  NJAC 7:27-9   Sulfur in Fuels

     Does the rule clearly specify sources subject to rule?

     YES.
     The rule Is applicable for all persons storing, selling,
     delivering/ exchanging or using fuel (gaseous,  liquid, or
     liquefiable petroleum product) containing sulfur.  The
     regulation limits sulfur content in fuel depending on where
     the facility is located.  However, the regulation seems to
     gear specifically toward users who have mathematical
     combination for SO2 emissions, since most sampling and
     testing in the regulation are for those facilities,  only
     exception in the regulation is for ocean going vessels or in
     motor vehicles.  By product and fuel combustion facilities
     with less than 310 ppm by volume adjusted to 12% CO2 are
     exempted from certain parts of the regulation.
2.   Does the rule clearly specify applicable averaging times
     associated with .emission limitations.

     NO.
     For general combustion not under mathematical combination,
     the only requirement is to limit the sulfur content in their
     fuel.  This limitation is based on the fuel viscosity,
     facility location and BTU content of the fuel.  For
     mathematical combination, there is a 24 hr averaging time
     associated with emissions limit and air quality modeling.


3.   Is averaging tine in rule consistent with protection of the
     NAAQS?

     NO.
     Not clear, only the alternative emission control plan for
     the mathematical combination is consistent with NAAQS.
     (Regulation may be consistent, if the regulation is based on
     prior air quality modeling of.the designated areas)


4.   Does rule have compliance test methodologies consistent with
     the averaging time and units of the applicable emission
     limitations?

     NO.
     Not clear, although all facility must meet limitation based
     on pounds of S02 emitted per million BTU of fuel, regulation

-------
                       .8
     does not explicitly state any testing methods for the
     general sources.  For mathematical combination facilities/
     certifications are required for SQ2 emissions based on
     quantity of fuel burned, fuel sulfur content, maximum gross
     heat input and grades of fuel burned.


5.   DOBS rule have a means of determining compliance/excess
     emissions on a continuing basis?

     NO.
     The regulation does not require any OEM devices nor does it
     explicitly state that continuous fuel sampling analysis is
     required.  However, mathematical combination facilities are
     required to submit fuel analyses to the State at time
     Intervals specified by the State.


£»   Is the averaging time of the rule's continuous compliance
     monitoring and reporting methodology consistent with
     protection of the NAAQS?
                                         •
     MO.
     Not clear, see question 5.


7.   roes rule specify requirements to report compliance data to
     regulatory agencies, including format and frequency of data
     reporting?

     NO.
     Not clear, for mathematical combination facilities, they
     must submit fuel analyses to the State at time interval
     specified by the .State.  It is not clear, if non
     mathematical combination facilities are required to submit.

fl.   Does rule contain clear requirements for compliance data
     recordJceeping and retention?

     NO.


9.   If the rule contains an Alternative Approach:
     a)   is it clear which limits apply to each affected source
          prior to the timeframe in question.
     b)   is it clear that such limits, once selected, apply to
          each source for the entire duration of the reporting
          period.
     c)   does it require source notification or request from the
          agency prior to the effective  timeframe.
     d)   does it require CEMS, which are always available,, to
          assure acquisition of sufficient data to determine each

-------
                       .6 'd   Se=SI  IG/8I/t?.Q	t?6IQ
                                8

          source's compliance status under all alternative
          conditions.

     a)    YES.
     b)    YES.
     c)    YES.
     d)    NO.
     Yes, regulation has alternative approach for mathematical
     combination,  a) Yes,  S02 emissions limitation is still
     based on fuel usage and fuel sulfur content on a 24 hour
     basis,  b)  Yes.  c) Yes, facility must have State approval
     for their mathematical combination application prior to
     operation as mathematical source  d)  No, GEM is not
     required by the regulation; however, regulation has
    'provision requiring facilities to submit fuel analyses to
     the State at interval specified by the State.


     if the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it
     clearly state the method of determining compliance on a
     continuing basis?

     NO.
     The regulation does not seem to clearly state the method of
     determining compliance on a continuing basis.  Unless State
     required facilities to do fuel analyses at a frequent
     interval (e.g., hourly or daily)


11.  Does the rule contain director's discretionary authority?
     Director's discretion should be highlighted and disapproved
     in accordance with forthcoming guidance,

     YES.
     Exemption and incentive for conversion to coal or other
     solid fuel are under Director's discretion as are other
     sections of the subchapter.


22.  Section 123 deficiencies; including compliance with the 1985
     regulations, sources affected by the remand and ICS.

     NOT APPLICABLE.
     There are no intermittent control systems in Region II.

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                                9

               MEW JERSEY SOj SIP  DEFICIENCY REV1BW

               NJAC 7-: 27-10   Sulfur in Solid Fuels

1.   Does the rule clearly specify sources subject to rule?

     YES.
     The rule is applicable for all persons storing, selling,
     delivering, exchanging or using solid fuel containing
     sulfur.  The regulation limits sulfur content in solid fuel
     depending on where the facility is located*  The regulation
     also regulates any expansion, reconstruction or construction
     of solid fuel burning units  (this includes resource recovery
     facilities (RRF) and solid fuel-fired steam generating
     unit).  Regulation exempts ocean-going vessels and one or
     two family residences using coal.


2,   Does the rule clearly specify applicable averaging times
     associated with emission limitations.

     NO.
     The regulation only limits the sulfur content in the solid
     fuel used, it does not specify an averaging time for
     emissions limitation.  Only for expansion, reconstruction or
     construction of solid fuel burning units that 30 day rolling
     average Is required for emission limitation,  (i.e., SO2
     emissions of a RRF must not exceed 1.2 Ibs of SO2 per one
     million BTU gross heat input determined as a 30 day rolling
     average.)  For facilities where they can demonstrate that
     low sulfur coal cannot be obtained, they must also show that
     they meet ambient air quality standards.


3.   Is averaging time in rule consistent with protection of the
     NAAQS?

     NO.
     Not explicitly stated, however, it is implied that this
     regulation meets NAAQS from the ambient air quality
     requirement  (NJAC 7:278-13, which is essentially same as
     NAAQS) for those facilities unable to obtain low sulfur
     coal.


4.   Does rule have compliance test methodologies consistent with
     the averaging time and units of the applicable emission
     limitations?

     NO.
     Not clear, solid fuel classification is based on ASTM
                                C-2-10

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                        tl'd   
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                        31 'd   iS'SI 16/81/^0      F6IO    bdB'STI WOdd
                                11

          source's compliance status under all alternative
          conditions.

     NO.
     a)   MO.
     b)   NO.
     c)   NO.
     d)   NO.


10.  If the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it
     clearly state the method of determining compliance on a
     continuing basis?

     NOT APPLICABLE.


11*  Does the rule contain director's discretionary authority?
     Director's discretion should Jbe highlighted and disapproved
     in accordance with forthcoming guidance.

     YES.
     Many exceptions are under Director's discretion with source
     input for compliance demonstration.

                                 »

12*  Section 123 deficiencies; Including compliance with the 1985
     regulations, sources affected by the remand and ICS.

     NOT APPLICABLE.
     There are no intermittent control systems in Region II.

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                               12

              NEW JERSEY BO- SIP pEFICIBNCY REVIEW

         NJAC 7:27-13.4   Ambient Air Quality  Standards

1.   Does the rule clearly specify sources subject to rule?

     YES.
     The rule is applicable throughout all areas of the State.


2.   Does the rule clearly specify applicable averaging tines
     associated with emission limitations,

     YES.
     For primary air quality standards,  during any 12 consecutive
     months, arithmetic mean concentration of sulfur dioxide in
     ambient air shall not exceed .03 ppm and 24 hour average
     concentration shall not exceed .14 ppm more than once.  For
     secondary air quality standards, during any 12 consecutive
     months, the arithmetic mean concentration of sulfur dioxide
     in ambient air shall not exceed .02 ppm, 24 hour average
     concentration may not exceed . l ppm more than once and three
     hour average concentration may exceed .5 ppm not more than
     once.


3.   IB averaging time In rule consistent with protection of the
     NAAQS?

     YES.


4.   Does rule have compliance test methodologies consistent with
     the averaging time and units of the applicable emission
     limitations?

     NO.


5.   Does rule have a means of determining compliance/excess
     emissions on a continuing basis?

     YES.
     Not explicitly, but implied.


6.   is the averaging time of the rule's continuous compliance
     monitoring and reporting methodology consistent with
     protection of the

     YES.

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                                13
7.   Does rule specify requirements to report compliance data to
     regulatory agencies, including format and frequency of data
     reporting?

     NO.


8.   Does rule contain clear requirements for compliance data
     recordkeeping and retention?

     NO.


9.   If the rule contains an Alternative Approach:
     a)   is- it clear which limits apply to each affected source
          prior to the tlmeframe in question.
     b)   is it clear that such limits, once selected, apply to
          each source for the entire duration of the reporting
          period.
     c)   does it require source notification or request from the
          agency prior to the effective tlmeframe.
     d)   does it require CEMS, which are always available, to
          assure acquisition of sufficient data to determine each
          source's compliance status under all alternative
          conditions.

     NO.
     a)   NO.
     b)   NO.
     C)   NO.
     d)   NO.

10.  If the rule contains an Alternative Approach which contains
     features other  than alternative emission limits, does it
     clearly state the method of determining compliance on a
     continuing basis?

     NOT APPLICABLE.

11.  Does the rule contain director's discretionary authority?
     Director's discretion should be highlighted and disapproved
     in accordance with forthcoming guidance.

     NO.

12.  Section 123 deficiencies; including compliance with the 1985
     regulations, sources affected by the remand and JC5.

     NOT APPLICABLE.
     There  are no  intermittent control  systems in Region II.

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                        SI'd   68:91  16/81/frO      frBIO    bdB'STI  WOdd
                               14
               KBW YORK SQ3 SIP DEFICIENCY REVIEW
                        Applicable Rules
Part 212       General Process Emission Sources
Part 214       By-Product Coke Oven Batteries
Part 216       Iron and/or Steel Processes
Part 223       Petroleum Refineries
Part 224       Sulfuric and Nitric Acid Plants
Part 225-1     Fuel Composition and Use - Sulfur Limitations
Part 225-2     Fuel Composition and Use - Waste Fuel
Part 227       Stationary Combustion Installations
Part 231       Major Facilities

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                        3 I'd   Of:St 16/31/PO      frSlG   tfd3'5T» WOdd
                                15

                MEW YORK SOa SyP DEFICIENCY REVIEW


                  Part 223 Petroleum Refineries

1.   Does the rule clearly specify sources subject to rule?

     YES.
2.   Does the rule clearly specify applicable averaging times
     associated with emission limitations*

     NO.
     223.6, S2 compound emissions.  Refers to sulfur compound
     emissions and hydrogen sulfide standards only.
3.   Is averaging time in rule consistent with protection of the
     NAAQS?

     NO.

                                                •
4,   Does rule have compliance test methodologies consistent with
     the averaging time and units of the applicable emission
     limitations?

     NO.


5.   Does rule have a means of determining compliance/excess
     emissions on a continuing basis?

     YES.


6.   Is the  averaging time of the rule's continuous compliance
     monitoring  and reporting methodology consistent with
     protection  of the NAAQS?

     NO.


7.   Does rule specify requirements to report compliance data to
     regulatory  agencies, Including format and frequency of data
     reporting?

     NO.
     Only at the request  of the  commissioner.

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                        Ll'd   Ofr.'SI  I6/SI/fO      t>610    bd3'STI
                                16
8.   Does rule contain clear requirements for compliance data
     recordJeeeplng and retention?

     YES.


5.   J/ the rule con tains an Alternative Approach:
     a)   is it clear which limits apply to each affected source
          prior to the timeframe In question.
     b)   is it clear that such limits, once selected, apply to
          each source for the entire duration of the reporting
          period.
     c)   does it require source notification or request from the
          agency prior to the effective timeframe.
     d)   does it require CEMS, which are always available, to
          assure acquisition of sufficient data to determine each
          source's compliance status under all alternative
          conditions.

     NOT APPLICABLE.


10.  If the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it
     clearly state the method of determining compliance on a
     continuing basis?

     NOT APPLICABLE.


11.  Does the rule contain director's discretionary authority?
     Director's discretion should be highlighted and disapproved
     in accordance with forthcoming guidance.

     YES.


12.  Section 123 deficiencies; Including compliance with the 1985
     regulations, sources affected by the remand and ICS.

     NOT APPLICABLE.
     There are no intermittent control systems in Region II.

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                                17

                NEW YORK 8O-  8IP DEFICIENCY REVIEW


             Part 224  Sulfuric and  Nitric Acid  Plants

1.   Does the rule clearly specify sources subject to rule?

     YES.
     224.a.1  Should refer to a specific part of Part 212 for
     limits.


2 •   Does the rule clearly specify applicable averaging times
     associated with emission limitations.

     NO.


3,   Is averaging time in rule consistent with protection of the
     NAAQS?

     NO.


4.   Does rule have compliance  test methodologies consistent with
     the averaging time and  units of the applicable emission
     limitations?

     NO.
     224.c.2  Uses an example of the Reich test, National Air
     Pollution Control Administrative publication #999-AP-13)


5.   Does rule have a means  of  determining compliance/excess
     emissions on a continuing  basis?

     YES.


£•   Is  the  averaging time of the rule's continuous compliance
     monitoring  and reporting methodology  consistent with
     protection  of the NAAQS?

     NO.


7.   Does rule specify requirements to report  compliance data to
     regulatory  agencies, including format and frequency of data
     reporting?

     NO.

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                       _6T'd   3t?:9I  IS/81/t^O       fr-610    tfdB'STI  WOHd
                                18

     Only at the request of the commissioner.


8.   Does rule contain clear requirements for compliance data
     recordkeeplng and retention?

     YES.


9.   If the rule contains an Alternative Approach:
     a)   Is it clear which limits apply to each affected source
          prior to the tineframe In question.
     b)   Is It clear that such limits, once selected, apply to
          each source for the entire, duration of the reporting
          period.
     c)   does, it require source notification or reguest from the
          agency prior to the effective timeframe.
     d)   does It require CEMS, which are always available, to
          assure acquisition of sufficient data to determine each
          source's compliance status under all alternative
          conditions.

     NOT APPLICABLE.

             .        •
10.  if the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it
     clearly state the method of determining compliance on a
     continuing basis?

     NOT APPLICABLE.


11.  Does the rule contain director's discretionary authority?
     Director's discretion should be highlighted and disapproved
     In accordance with forthcoming guidance.

     YES.
     224.6 Exception a) and b).

17:.  Section 123 deficiencies; including compliance with the 1985
     regulations, sources affected by the remand and ICS.

     NOT APPLICABLE.
     There are no intermittent control systems in Region II.

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                         O2'd   3f:9l  I6/SI/fO      F610   bd3'STI  WOdd
                                19

                NEW YORK flOa 8IP DEFICIENCY REVIEW


     Part 225-1 Fuel Composition and Use - Sulfur Limitations

1.   Does the rule clearly specify sources subject to rule?

     YES.


2.   Does the rule clearly specify applicable averaging times
     associated with emission limitations.

     NO.
     225.1  (a)  (1)  (2)  and  (3).
     N

3.   Is  averaging time  In rule  consistent with protection of the
     NAAQS?

     NO.


4.   Does rule have compliance  test  methodologies consistent with
     the averaging  time and  units of the applicable emission
     limitations?

     NO.
     Reference  standards are to general. 225.7  (d).


5.   Does rule  have a means  of  determining compliance/excess
     emissions  on a continuing  basis?

     YES.


6.   Is  the averaging time  of the rule's continuous compliance
     monitoring and reporting methodology  consistent with
     protection of  the  NAAQS?

     NO.
     225.7  and 6 (b).


7.   .Does rule specify  requirements to report compliance data to
     regulatory agencies, including format and  frequency of  data
     reporting?

     NO.
     225.7  (a)  But,  Only at the request of the  commissioner, to
                                 C -2 -

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                        12'd   £fr:SI I6/8!/frO      F6IO   bd3'STI WOdd
                                20

     retain and report.


8.   Does rule contain clear requirements for compliance data
     recordkeeping and retention?

     NO.
     225.7 (b) No tine retention period specified*


9.   If the rule contains an Alternative Approach:
     a)   is it clear which limits apply to each affected source
          prior to the timeframe in question.
     b)   is it clear that such limits, once selected, apply to
          each source for the entire duration of the reporting
          period.
     c)   does it require source notification or request from the
          agency prior to the effective timeframe.
     d)   does it require OEMS, which are always, available, to
          assure acquisition of sufficient data to determine each
          source's compliance status under all alternative
          conditions.

     225.2  Special Limitations contingent upon air quality.
     a)   YES.
     b)   YES.
     c)   NO.
     d)   YES.  Not strong. 225.2  (c)  (2).

     225.3  Exception contingent upon  fuel shortage.
     a)   YES.
     b)   YES.
     C)   YES.
     d)   NO.

     225.5  General exceptions.
          a)  Fuel Mixtures
     a)   YES.
     b}   N/A.
     c)   YES.
     d)   NO.

          b)  Equivalent Emission Rate
     a)   YES.
     b)   YES.
     c)   NO.
     d)   NO.

          c)  Experiments
     a)   YES.  Duration of experiment should be specified.
     b)   NO.
     c)   YES.

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                                21

     d)   NO.

          d) Coal and coke
     a)   YES.
     b)   YES.
     c)   NO.
     d)   NO.


10.  It the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it
     clearly state the method of determining compliance on a
     continuing basis?

     225.2     NO.
     225.3     NO.
     225.5     NO.

                                       •
11.  Does the rule contain director's discretionary authority?
     Director's discretion should be highlighted and disapproved
     in accordance with forthcoming guidance.
225.2
225.2
225.2
225.3
225.3
225.5
225.5
(*>)
C(l)
C(2)
a
b
a
b
12.  Section 123 deficiencies; Including compliance with the 1985
     regulations, sources affected by the remand and ICS.

     NOT APPLICABLE.
     There are no intermittent control systems in Region II.

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                        SS'd   frfr:£I 16/81/fO      t>610    bd3'STl  WOdd
                                22

                NEW YORK fiO3 8TP DEFICIENCY REVIEW


           Part  227 Stationary Combustion  Installations

1.   Does the rule clearly specify sources subject to rule?

     NO.
     Should state that owners /operators of stationary combustion
     installations are affected*  The beginning only states
     prohibited use of bituminous coal, hand fuel/  and particular
     emission limits.


2.   Does the rule clearly specify applicable averaging times
     associated with emission limitations.
3.   is averaging time In rule consistent with protection of the
     NAAQS?

     NO.


4.   Does rule have compliance test methodologies consistent with
     the averaging time and units of the applicable emission
     limitations?

     NO.
     227.9 b "...most recent ASTM standard methods or equivalent
     methods acceptable ..."


5.   Does rule have a means of determining compliance /excess
     emissions OQ a continuing basis?

     NO.
     227.5 c Daily and weekly basis.
  •

6.   Is the averaging time of the rule's continuous compliance
     monitoring and reporting methodology consistent with
     protection of the NAAQS?

     NO.


7.   Does rule specify requirements to report compliance data to
     regulatory agencies. Including format and frequency of data

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        I ._. ._! _3 >_l ^ O                                       ._..-..._•.-•.  -. •- -
                                                   t?6io   yd3'STi woad
                                23

     reporting1?

     NO.
     Only at the request of the commissioner.


8*   Does rule contain clear requirements for compliance data
     recordkeeplng and retention?

     HO.
     Only as required by the commissioner.


9.   if the rule contains an Alternative Approach:
     a)   is it clear which limits apply to each affected source
          prior to the timeframe In question.
     b)   is it clear that such limits, once selected, apply to
          each source for the entire duration of the reporting
          period.
     c)   does it require source notification or request from the
          agency prior to the effective timeframe.
     d)   does it require OEMS, which are always available, to
          assure acquisition of sufficient data to determine each
          source's compliance status under all alternative
          conditions.

     MOT APPLICABLE.


10.  If the rule contains an Alternative Approach which contains
     features other  than alternative emission limits,  does  it
     clearly state the method of  determining compliance on  a
     continuing basis?

     NOT APPLICABLE.


11.  Does the rule contain director's discretionary authority?
     Director's discretion should be highlighted and disapproved
     in accordance with forthcoming guidance.

     YES. 227.4   (c)
          227.6   (d)
          227.9   (a)


12.  Section  123  deficiencies;  including compliance with  the  1985
     regulations,  sources affected  by  the remand and ICS.

     MOT  APPLICABLE.
     There  are  no intermittent  control  systems  in  Region  II.
                                  c o. -

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                     	S3 'd
                                            IddB'STl  WOdd
PART IV
Rule 401
Rule 411
Rule 412
Rule 413
Rule 414
Rule 415
Rule 416

OTHERS
Rule 209

Rule 410
                 24
PUERTO RICO flOa SIP DEFICIENCY REVIEW
          Applicable Rules
 PROHIBITIONS
 Generic Prohibitions
                                    •
 Hydrogen sulfide
 Sulfur Dioxide Emissions; General
 Sulfuric Acid Plants
 Sulfur Recovery Plants
 Non-Ferrous Smelters
 Sulfite Pulp Mills
 Modification of Allowed Percentage of Sulfur in
 Fuels
 Maximum Sulfur Content in Fuels
     The following Rules do not contain any specific reference to
     SO2, rather they refer to particulate matter:
     Rule 405
     Rule 406
     Rule 407
     Rule 409
      Incineration
      Fuel Burning Equipment
      Process Sources
      Non-Process Sources
                                
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                                25

              PUERTO RICO SO- SIP DEglCIENCY REVIEW


1.   .Does the rule clearly specify sources subject to rule?

     YES.
     The individual source category rules clearly specify sources
     subject to the rule.  Accountable sources are also derived
     by the definition of a source in Rule 102 and the exemptions
     presented in Rule 206.
                                                      •

2.   Does the rule clearly specify applicable averaging times
     associated with emission limitations.

     YES.
     The averaging times are consistent with the emission
     limitations.  Emissions of sulfur oxides are generally
     expressed in pounds per hour (Ibs/hr) as stated in Rule 103
     (E).  The averaging times are specified in Rule 102 under
     the.definition of "Significant Air Quality Impact."  For
     SO., an air quality impact is equal to or greater than the
     following conceDerations at the corresponding averaging
     times:
     Averaging Tine      Concentration
     Annual              1 ug/nr
     24-hours            5 ug/m3
     3-hours         •    25 ug/m3
NAAQS
80 ug/m3
365 ug/mj
1300 ug/m3
3
3.   Is averaging time in rule consistent with protection of the
     NAAQS?

     YES.
     The averaging times are consistent with the NAAQS, as
     obviously shown in the table in the reply to question #2.


4.   Does rule have compliance test methodologies consistent with
     the averaging time and units of the applicable emission
     limitations?
     YES.                             (
     Rule 106 specifies test methods 6, 8 & 11 from the USEPA 40
     CFR 60 for sulfur dioxide, sulfuric acid mist, and hydrogen
     sulfide, respectively.  All three methods calculate for
     concentrations bearing the units of mg/dscm (milligrams per
     dry standard cubic meter.)  However, where ASTM methods are
     cited, methodologies are unclear.
                               C -

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                           -iS'd   ifr:S-I 16/81/170
                                                             bd3's'n
                                26

5.   Does rule have a means of determining compliance/excess
     emissions on a continuing basis?

     YB8.
     It is assumed that compliance testing is conducted  in
     accordance to the appropriate reference method  (6,  8,  11)
     and Rules 108, 205 & 207 establish continuous compliance.


6.   Is the averaging time of the rule's continuous  compliance
     monitoring and reporting methodology consistent with
     protection of the NAAQS?

     YES.
     It is assumed that the averaging time for continuance
     compliance is consistent with the protection of the NAAQS
     since r<  es 102 and 205 specify the general terms applicable
     for the entire Regulation.


7.   Does rule specify requirements to report compliance data to
     regulatory agencies, including format and frequency of data
     reporting?

     YES.
     In general/ Rules 103, 104 and 205 require the  reporting of
     compliance data, but do not go into detail.  Data reporting
     is understood to be of a continuous nature to be provided to
     regulatory agencies "upon request"  [Rules 103  (A) ,  (B) ,  (F) ,
     and 104  (A) ] .  Format and frequency of reporting are  alluded
     to  in Rules  103  (C) .  (D) ,  
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                                27

     c)   does it require source notification or request from the
          agency prior to the effective time frame.
     d)   does it require OEMS, which are always available, to
          assure acquisition of sufficient data to determine each
          source's compliance status under all alternative
          conditions.

     Rule 107, Air Pollution Emergencies, provides guidelines for
     preventing the occurrence of an emergency, due to pollutant
     effects on the health of persons.  There are guidelines for
     the Board to follow to determine an air pollution alert,
     warning or emergency.  This determination depends on the
     concentration levels reached for a 24-hour average at any
     monitoring site.  There are also provisions in the Rule for
     sources to submit an emergency response plan that would go
     into effect should an emergency be declared.  However there
     is mention of first stage controls that need to be initiated
     depending on the emergency.  It is not clear what is meant
     by this statement.  Therefore:

     a)   NO.
     b)   NO.
     C)   YES.
     d)   NO.


10.  If the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does It
     clearly state the method of determining compliance on a
     continuing basis?

     NO.
     Continuous compliance is not clearly stated in Rule 107, in
     regards to an emergency condition.


II,  Does the rule contain director's discretionary authority?
     Director's discretion should be highlighted and disapproved
     In accordance with forthcoming guidance.

     YEfl.
     Director's discretion is contained throughout the
     regulation.  It is referred to as the "Board" (Environmental
     Quality Board of the Commonwealth of Puerto Rico).


12.  Section 123 deficiencies; including compliance with the 1985
     regulations, sources affected by the remand and JCS.

     NOT APPLICABLE.
     There are no intermittent control systems in Region II.

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                          82'd   8f:SI  I6/81/FO      t?6lO   ddB'STl  UOdd
                           DRAFT
               Introduction of the SO2 Yellow Book

Introduction

     On November 15, 1990 amendments to  the Clean Air Act were
signed into  law.  Titles I, IV and V of the legislation will affect
changes in implementation of the SO2 national ambient air quality
standards (NAAQS) program.  In order for all three  programs to be
implemented as  efficiently as possible EPA is requiring the states
to correct existing  enforceability deficiencies in  the SIPs.  The
following is a  summary /£  the major requirements  of the afore-
mentioned Titles:       ^

Title I:

     Title  I  addresses the  nonattainment  SIP  provisions.   It
requires that nonattainment plans be' completed within  18 months
after  enactment or  designation  to nonattainment,  which ever is
later,  with attainment  required  in  5 years.   The nonattainment
plans must be fully Federally enforceable and therefore unambiguous
in their requirements.        '

Title IV:

     Title  IV,  the  Acid Rain program,  will affect many of  the
larger  stationary sources of  SO2.  These sources will be required
to have Acid Rain permits and compliance plans; but they are  also
required to comply with any other applicable requirements of  the
Act  (see section 413).  Therefore, the utilities affected by Title
IV   must  consider  Title  I  SIP  requirements in  planning  for
compliance with the Acid Rain program.  Any regulatory deficiencies
in the SO2  SIP can  complicate this planning.  Thus uncertainties
may  be introduced into the allowance market and may  stifle trading.
This,  in turn,  could inhibit the ability of the industry to achieve
cost efficient reductions.

Title  V:

     The   Title  V  operating   permit  program   will   require
reexamination   of   many SO2  NAAQS  SIP'S  for  enforceability
deficiencies.   The  SO2 program,  unlike ozone and  other criteria
pollutant programs,  has not undergone significant program changes
since  the 1970 Clean Air Act.   consequently, the  opportunity to
correct many  technical  and  regulatory  deficiencies  has  not
previously  occurred. Since the operating permit may simply codify
existing SIP requirements, correcting SIP deficiencies is a key to
the  program's  success.

Purpose of  Yellow Book:

      The purpose of this document is to provide a listing of the
Federally approved, state and local  rules  that have  deficiencies
 affecting, enforceability.  This listing will be used  to support a

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nationwide effort to correct deficiencies in the SO2 SIPs so that
the related SO2 programs are implemented on a nationally consistent
and  defensible basis.   This  effort does  not expand  or modify
existing federal regulatory requirements,  but merely clarifies EPA
policy where  past guidance or approved rulemaJcing may  have been
vague or ambiguous.

     The review of the SO2 SIPs was performed by the EPA Regional
Offices and States in response to 1990 Grant Guidance and the 1991
STARS commitments.   The resulting  document will be used by the
States and Regional  Offices  to establish plans and schedules for
correcting those rules that are found to be deficient.
                    •
Basis for the Review:

     EPA Headquarters  and  Regional  Offices  developed a checklist
(Appendix  A)   that  was   used  as   the  basis  for  determining
enforceability  of the SIPs.   The  checklist was  developed from
existing  policy and  guidance (Appendix  B) that  address common
problems encountered in the agency's past enforcement  actions.  The
checklist was not designed  to provide suggested changes to the
State regulation,  but to  highlight were those  regulations have
enforceability  problems that need to be corrected.
        is,?will be up to  the states and EPA  Regional Offices to
establish'revisions that reflect the States' particular regulatory
structures and fully meet federal requirements.  EPA Headquarters
is in  the process of considering example or model regulations to
address  particularly  common   types   of  deficiencies.     The
deficiencies that were included in the checklist included ambiguous
or lack  of  emission limitation;  inconsistencies between (or lack
of)  the  averaging times and the NAAQS,  emission limitations and
test methods;  lack  of  test and compliance  methods;   method of
determining  continuous compliance; record keeping and reporting
requirements;  clearly written  alternative compliance approaches;
and the  inclusion of director's  discretion without provisions for
federal  review.    Also included in the  listing are  rules with
inadequacies in complying with Section 123 of the Clean Air Act.

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                                 09=91  I6/8I/frO      frSIO   UdH'STI WOdd
                 Summary of SO2 SIP Deficiencies

                        Executive summary

     The purpose of this document is to describe the deficiencies
discovered by the EPA Regional Offices in reviewing S£*t6~SO2 State
implementation  plans  (SIP's)  for  enforceability  deficiencies.
Adequacy of the SIP and emission limitations to attain air quality
standards was not included in this review, nor were review of, or
revisions to,  the  demonstrations  of attainment  required in this
effort.   Absent evidence  of  an air quality  problem EPA  is not\
requiring new air quality attainment demonstrations at this time, j

     The review for SIP deficiencies covered a variety of criteria       (/
ranging •  from  deficiencies   in   recordXeeping  and   reporting
requirements to inadequate or nonexistent compliance methodologies
and emission limitations.  The  checklist used in the evaluation of
the SIP's  only includes issues that are  explicitly  addressed in
current policy.  However, there are  several additional issues that
have been identified as being needed to ensure enforceability but
that may require further refinement or interpretation of existing
policy  (i.e., the  extent to  which demonstration of  continuous
compliance  require  the  installation  of   Continuous  Emission
Monitoring  Systems  (CEMS)  and  what  .to  do  about  Director's
discretion clauses). These issues will be considered  in a separate
action.   The  checklist was developed by  Region  V,  the Technical
Support Branch of the Stationary Source Compliance Division (SSCD)
and  the  Sulfur Dioxide  Programs  Section of   the  Air  Quality
Management Division  (AQMD), with  input from all  of  the Regional
Offices.    The  following  is  a  description  of  the  types  of
deficiencies that were included in the  checklist and the number of
each type of deficiency nationwide.

TYPES OF DEFICIENCIES

     1)   The  rule does  not  clearly  specify  which sources are
     subject to it.

     There are 21 state rules with type 1 deficiencies.

     2)  The rule does not clearly specify the applicable averaging
     time  (compliance  periods)  associated  with  the  emission
     limitation.
          ta-e.
     There.48 State rules with type 2 deficiencies.

     3)   The  averaging time  in  the  rule  is inconsistent with
     the averaging time for the NAAQS.  For instance, if the r-ule
     allows 30-day averaging or weekly fuel sampling then there may
     be no assurance that the  3-hour  and 24-hour NAAQS are being
     protected.

     There are 51 State rules with type 3 deficiencies.

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                             'd   02:il I6X9I/.SO      frSlO  ~ ' Wd3'S^n WOJdd
                                30

             VIRGIN I8LMTP8 SO,  SIP DEFICIENCY RSVIEW


l.   Does the rule clearly specif  sources subject: to rule?
     The rules are applicable to all persons who may cause, let,
     permit, suffer or allow any emission of sulfur oxides in
     excess of the limitations*  The rules also apply to all
     persons who may sell, offer for sale, purchase for use in or
     use in any air contamination source having a total combined
     rated heat input capacity greater that 8 million Btu/hr fuel
     oil based on tabulated sulfur content.


2.   Doea the rule clearly specify applicable averaging times
     associated with emission limitations.

     YES.
     The averaging times are consistent with the emission
     limitations.  Emissions of sulfur oxides are limited to
     ground level concentrations at any given point in excess of
     0.5 ppm in the period of any hour and average exposure shall
     not exceed 0.1 ppm of sulfur oxides in any 24-hour period.


3.   Is averaging time in rule consistent with protection of the
     NAAOS?

     YES.
     The averaging times are consistent with the NAAQS, since
     they are based on hourly and 2 4 -hour time periods.


4.   Does rule have cottpliaqce jfrest methodologies consistent with
     the averaging time and units of the applicable emission
     •(.imitations?

     MO.
     Rule specifies stack testing methods  (not specifically)
     which 'should include a determination of sulfur
     concentrations, the total gas volume being discharged and
     the gas temperature and pressure at the sampling point in
     the stack  or chimney.  However, it is not clear, but
     implied, as to what are the applicable averaging times and
     emission limitations.

 5. _ Does rule  have a meana^f determining compliance/excess
     emissions  on a continuing basis?

     NO.
     It is  not  clear.  Rule mentions data  shall be maintained for

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                          .3 'd   IS'.Ll  ISX9IXSO      1,61          'n  WOdd
                               31

     a period of not less than a year, but does not specify on
     what basis.


6.   Ta the averaging time of the rule's continuous compliance
     monitoring and reporting methodology consistent with
     protection of the NAAQS?

     NO.
     It is not clear but can be assumed that the averaging tine
     for continuance compliance is consistent with the protection
     of the NAAQS.


7.   Does rule specify ^requirements to report compliance data to
     regulatory agencies f including format and frequency of data
     reporting?-

     NO.
     Format and frequency of reporting to regulatory agencies are
     not clearly defined.


8.   Does rule contain clear requirement a for compliance data
     recordkeepinq and retention?

     NO.
     Rule states that data shall be maintained for a period of
     not less than one year and shall be available for review by
     the Department and inspection by members of the public.
     Requirements for data recordkeeping and retention are not
     clearly defined, but implied.


9.   If the rule contains an Alternative Approach:
     a.\   is it clear which limits apply to each affected source
                to the timeframe in question
     b)   is  it clear that such limits,, once selected, apply  to
          each source for the entire duration of the reporting
          period T
     c)   does it require source jnotif ication or request  from the
          agency prior to the effective timeframe.
     &}   does it require (pEMS. which are always available, to
          assure acquisition of sufficient data to determine  each
          source's compliance status under all alternative
          conditions.

     a)   NO.
     b)   NO.
     C)   NO.
     d)   NO.

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                                32

10.  If tha mile contains an Alternative Approach which contains
     features other than alternative emission limits, does it
     clearly state the method of determining compliance on a
     continuing basis?

     NO.


11.  Does the yule contain director*s Discretionary authority?
     Director's discretion should be highlighted and disapproved
     in accordance wj.th forthcoming guidance.

     YES.
     Director's discretion is contained throughout the
     regulation.  It is referred to as the Department or the
     Commissioner.


12.  Section 123 deficiencies? including compliance with the 1985
     retaliations, sources affected bv the remand and ICS.

     HOT APPLICABLE.
     There are no intermittent control systems  in Region II.

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                        2«i   ^» rt • I T  I L_ / %_J 1 S "—. I I       " D I U
                         d
                                29

             VIRGIN IfllAimfl flO,  SIP DEFICIENCY REVIEW

                        Applicable Rules


Chapter 9:     Air Pollution Control (enforceable SIP dates: 1971
               and 1979)


          Subchapter 204      Protection of Air Resources

          Subchapter 206      Permits
These are the only rules considered by Region II to be federally
approved in regards to SO,.   There have been several revisions,
the latest' of which is dated March 1987, however they are not
approved.  The later revisions may comply to the checklist better
than the original siPs.
                              C -£ -

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                   UNFTED STATES ENVIRONMENTAL PROTECTION AGENCY
                                   REGION III
                               841 Chestnut Building
                            Philadelphia, Pennsylvania  19107


SUBJECT:   SO2 SIP Deficiency  Checklists                  DATE:  01/28/91

FROM:      Joseph W.  Kunz,  Chief^e^gflwL
          Planning  and Technical Support

TO:        Eric  Ginsburg, Chief
          Sulfur Dioxide Program Section  AQMD ' (MD-15)

          Attached  are the SC-2 SIP deficiency checklists for each of the
     states  in  Region III.  The checklist supplied in the November 28,
     1990 memo  from  Robert Bauman and Rich  Biondi to  the Air  Branch
     Chiefs -was used for the analyses of the state SIPs.

          As discussed in  recent conversations  between you  and I,, these
     checklists represent an initial  review  of  the  pertinent state
     regulations and  SIPs.  However,  I  feel  the checklists  will be
     adequate to include in the  forthcoming "yellow book".   Please note
     that checklist  item  No. 12  (pertaining to Section 123)  was not
     addressed  on any of the checklists due to time constraints.  This
     item will  be investigated for all of the Region III states  in the
     near future.
 t
          Finally,  The Region plans to engage  in *a more comprehensive
     review  of  the  SO2  SIPs  prior to the individual  state-Region III
     negotiations  to  obtain a  schedule to  address   the identified
     deficiencies.    If you have  any  questions, please  contact me at
     (215) 597-8486 or David Campbell at (215)  597-9781.
                                                •

     Attachments
CC:  Marcia  L.  Spink (3AT10)
     David Campbell  (3AT11)

-------
                     DELAWARE SO2 SIP DEFICIENCY REVIEW

1.    Does the rule clearly specify sources subject to rule?

     Yes. The individual source category rules clearly specify sources
     subject to the rule.  Emission limitations are generally listed
     in Ibs/hr, ppm/volume, or  % sulfur content.

     Delaware regulations establish rules for individual source
     categories.  These rules generally reference a common rule for
     the specific compliance, monitoring, emission testing,
     monitoring, and recordkeeping.  A list of the applicable
     individual source category rules is attached.

     Citation:  see attached list.

2.    Does the rule clearly specify applicable averaging time
     associated with emission limitations?

     No.  Averaging times are not specified by the rules.

     Citation:  see attached list.

3.    Is averaging time in rule  consistent with protection of the
     NAAQS?

     No.  See No. 2.
%.
4.    Does rule have compliance  test methodologies consistent with the
     averaging time and units of the applicable emission limitations?

     No.  The lack of averaging times infers inconsistency.

5.    Does rule have a means of  determining compliance/excess emissions
     on a continuing basis?

     Yes.  Compliance testing is conducted in accordance to Ref.
     Method 6 and the rules establish that CEMS data must be
     determined on a continuing basis.

     Citation:  Regulation XVII
                                                      •

6.    Is the averaging time of the rule's continuous compliance
     monitoring and reporting methodology consistent with protection
     of the NAAQS?

     No.  Averaging times are not stated.

-------
7.   Does rule specify requirements to report compliance data to
     regulatory agencies, including format and frequency of data
     reporting?

     Yes. The rules provide for a .written report every calendar
     quarter detailing the magnitude of excess emissions, date,
     duration of period of excess emissions, start-ups, shut-downs,
     malfunctions  (nature, cause, corrective action taken), and
     regular operation data.

     Citation: Regulation XVII

8.   Does rule contain clear requirements for compliance data
     recordkeeping and retention?

     No.  All compliance data and recordkeeping information is to be
   .  recorded in a permanent form suitable for inspection and retained


     Citation:  Regulation XVII

9.   If the rule contains an Alternative Approach: a) is it clear
     which limits apply to each affected source prior to the timeframe
     in question; b) is it clear that such limits, once selected,
     apply to each source for the entire duration of the reporting
»    period; c) does it require source notification or request from
     the agency prior to the effective time frame; and d) does it
     require  CEMS, which are always available, to assure acquisition
     of sufficient data to determine compliance status under all
     alternative conditions?

     Not applicable.  Alternative Approach methods are not addressed
     specifically.

10.  If the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it clearly
     state the method of determining compliance on a continuing basis?

     Not applicable.  Alternative Approach methods are not addressed
     specifically.

11.  Does the rule contain director's discretionary authority?

     Yes.  The rules contain director's discretion clauses.

12.  Section 123 deficiencies; including compliance with the 1985
     regulation, sources affected by the remand and ICS.

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List of Cited Rules

        REGULATION GOVERNING THE CONTROL OF AIR POLLUTION
REGULATION NO. VIII


REGULATION NO. IX


REGULATION NO. X
                      SULFUR DIOXIDE EMISSIONS FROM FUEL BURNING
                      EQUIPMENT

                      EMISSIONS OF SULFUR COMPOUNDS FROM
                      INDUSTRIAL OPERATIONS

                      CONTROL OF SULFUR DIOXIDE EMISSIONS - KENT
                      AND SUSSEX COUNTIES
REGULATION NO. XVII - SOURCE MONITORING, RECORD-KEEPING AND
                      REPORTING
                              L:

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                     MARYLAND S02 SIP DEFICIENCY REVIEW

1.   Does the rule clearly specify sources subject to rule?

     Yes. The individual source category rules clearly specify sources
     subject to the rule.  Emission limitations are generally listed
     in Ibs/hr,  ppm/volume, or % volume by weight.

     Maryland regulations establish rules for individual source
     categories.  These rules generally reference a common rule for
     the specific compliance, monitoring, emission testing,
     monitoring, and recordkeeping.  A list of the applicable
     individual source category rules is attached.

     Citation:  see attached list.

2.   Does the rule clearly specify applicable averaging time
     associated with emission limitations?

     No.  Averaging times are not specified by the rules.

     Citation:  see attached list.

3.   Is averaging time in rule consistent with protection of the
     NAAQS?

     No.  See No. 2.
»
4.   Does rule have compliance test methodologies consistent with the
     averaging time and units of the applicable emission limitations?

     No.  The lack of averaging times infers inconsistency.

5.   Does rule have a means of determining compliance/excess emissions
     on a continuing basis?

     No.  However, Maryland is revising its SIP to include GEMS rules.
     The rules establish that GEMS data must be determined on a
     continuing basis.

6.   Is the averaging time of the rule's continuous compliance
     monitoring and reporting methodology consistent with protection
     of the NAAQS?

     No.  No averaging time is stated.
                                   C-V

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7.    Does rule specify requirements to report compliance data to
     regulatory agencies,  including format and frequency of data
     reporting?

     No. However,  Maryland is currently revising its SIP to include
     CEMS rules.  The rules provide for a written report every
     calendar quarter detailing the magnitude of excess emissions,
     date, duration of period of excess emissions, start-ups, shut-
     downs, malfunctions (nature,  cause, corrective action taken), and
     regular operation data.

     8.   Does rule contain clear requirements for compliance data
     recordkeeping and retention?

     No.  The current recordkeeping requirements are not specific.
     The "non-SIP" CEMS rules provide that all compliance data and
     recordkeeping information is to be recorded in a permanent form
     suitable for inspection and retained for

     Citation:  COMAR 26.11.04

9.    If the rule contains an Alternative Approach: a) is it clear
     which limits apply to each affected source prior to the timeframe
     in question; b) is it clear that such limits, once selected,
     apply to each source for the entire duration of the reporting
     period; c) does it require source notification or request from
     the agency prior to the effective timeframe; and d) does it
     require  CEMS, which are always available, to assure acquisition
     of sufficient data to determine compliance status under all
     alternative conditions?

     Not applicable.  Alternative Approach methods are not addressed
     specifically.

10.  If the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it clearly
     state the method of determining compliance on a continuing basis?

     Not applicable.  Alternative Approach methods are not addressed
     specifically.

11.  Does the rule contain director's discretionary authority?

     Yes.  The rules contain director's discretion clauses.

12.  Section 123 deficiencies; including compliance with the 1985
     regulation, sources affected by the remand and ICS.

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List of Cited Rules

               CODE OF MARYLAND REGULATIONS (COMAE)

COMAR 26.11.01   GENERAL ADMINISTRATIVE PROVISIONS

COMAR 26.11.06   GENERAL EMISSION STANDARDS, PROHIBITIONS, AND
                 RESTRICTIONS

COMAR 26.11.08   CONTROL OF INCINERATORS  (This rule is currently
                 being processed as a SIP revision)

COMAR 26.11.09   CONTROL OF FUEL BURNING EQUIPMENT AND STATIONARY
                 INTERNAL COMBUSTION ENGINES

COMAR 26.11.10   CONTROL OF IRON AND STEEL PRODUCTION
                 INSTALLATIONS

COMAR 26.11.14   CONTROL OF KRAFT PULP-MILL TRS EMISSIONS

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             WEST VIRGINIA S02 SIP DEFICIENCY REVIEW

Does the rule clearly specify sources subject to rule?

Yes.  The rule specifies the subject source categories (e.g.
different types of fuel burning units, manufacturing process
sources) and a number of specific sources are identified by name.

Citation: WV Code, Title 45, Chapter 16, Article 20
          Regulation X - To Prevent and Control Air Pollution
          from the Emission of Sulfur Oxides.  (This is the
          citation in all cases)

Does the rule clearly specify applicable averaging time
associated with emission limitations?
                             •

No.  Emission limits are indicated in Ibs/hr (based on heat input
in mmBTus) and ppm/volume.  For fuel burning units a continuous
24-hour averaging time is stated, however, the rule provides for
a variable (by source) standard starting time for al( continuous
24-hour periods. A two-hour averaging time is indicated for
process sources.

Is averaging time in rule consistent with protection of the
NAAQS?

No.  See No. 2.

Does rule have compliance test methodologies consistent with the
averaging time and units of the applicable emission limitations?

No.  The rule lacks specific compliance test methodologies.  The
test are "... conducted  in a manner acceptable to the Director".

Does rule have a means of determining compliance/excess emissions
on a continuing basis?

No.  The rule does not.specify a means for determining continuous
compliance.

Is the averaging time of the rule's continuous compliance
monitoring and reporting methodology consistent with protection
of the NAAQS?

No.  Continuous compliance monitoring or reporting is not
established.

Does rule specify requirements to report compliance data to
regulatory agencies, including format and frequency of data
reporting?

No. The rule does not provide specific recordkeeping or reporting
requirements.

-------
8.   Does rule contain clear requirements for compliance data
     fecordkeeping and retention?

     No.  See No. 7

9.   If the rule contains an Alternative Approach: a) is it clear
     which limits apply to each affected source prior to the timeframe
     in question; b) is it clear that such limits, once selected/
     apply to each source for the entire duration of the reporting
     period; c) does it require source notification or request from.
     the agency prior to the effective timeframe; and d) does it
     require  CEMS, which are always available, to assure acquisition
     of sufficient data to determine compliance status under all
     alternative conditions?

     Not applicable.  Alternative Approach methods are not addressed
     specifically.

10.  If the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it clearly
     state the method of determining compliance oh a continuing basis?
                        •
     Not applicable.  Alternative Approach methods are not addressed
     specifically.

^1.  Does the rule contain director's discretionary authority?

     Yes.  The rule contains director's discretion clauses.

12.  Section 123 deficiencies; including compliance with the 1985
     regulation, sources affected by the remand and ICS.

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          DISTRICT OF COLUMBIA S02 SIP DEFICIENCY REVIEW

Does the rule clearly specify sources subject to rule?

No.  Applicability is vague, rules specify that "no person shall
allow..." No descriptions of facilities are included.

Citation:  Sections 505 and 602 (see attached list)

Does the rule clearly specify applicable averaging time
associated with emission limitations?

No.  Averaging times are not specified by the rules.  Emission
limits are based on % weight per volume for process sources and %
sulfur content per volume of fuel for combustion sources.

Citation:  Sections 201, 505, and 602

Is averaging time in rule consistent with protection of the
NAAQS?

No.  See No. .2.

Does rule have compliance test methodologies consistent with the
averaging time and units of the applicable emission limitations?

No'.  The lack of averaging times infers inconsistency.

Does rule have a means of determining compliance/excess emissions
on a continuing basis?

No.  Continuous compliance testing is not specified in the rules.

Citation:  Section 204

Is the averaging time of the rule's continuous compliance
monitoring and reporting methodology consistent with protection
of the NAAQS?

No.  Continuous monitoring and reporting methodologies are not
specified in the rules.

Citation:  Section 204

Does rule specify requirements to report compliance data to
regulatory agencies, including format and frequency of data
reporting?

No. The rules specify basic reportirig requirements but do not
indicate desired format or frequency.

Citation:  Section 201

-------
8.   Does rule contain clear requirements for compliance data
     recordkeeping and retention?

     No.  Recordkeeping requirements are vague and discretionary.
                          •
     Citation:  Section 201

9.   If the rule contains an Alternative Approach: a) is it clear
     which limits apply to each affected source prior to the timeframe
     in question; b) is it clear that such limits, once selected,
     apply to each source for the entire duration of the reporting
     period; c) does it require source notification or request from
     the agency prior to the effective timeframe; and d) does it
     require  GEMS, which are always available, to assure acquisition
     of sufficient data to determine compliance status under all
     alternative conditions?
            •              •                         <
     Not applicable.  Alternative Approach methods are not addressed.

10.  If the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it clearly
     state the method of determining compliance on a continuing basis?

     Not applicable.  Alternative Approach methods are not addressed.

],!.  Does the rule contain director's discretionary authority?

     Yes.  Director's or Mayor's discretionary authority is stated
     throughout rules.

12.  Section 123 deficiencies; including compliance with the 1985
     regulation, sources affected by the remand and ICS.

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                                3




List of Cited Rules




DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS  -  TITLE 20




Section 201 - RECORDS AND REPORTS



Section 204 - MONITORING DEVICES




Section 505 - HIGH-SULFUR FUELS




Section 602 - PROCESS EMISSIONS

-------
               PENNSYLVANIA  SO-, SIP DEFICIENCY REVIEW

 Does the rule clearly specify sources subject to rule?

 Yes.  The sources subject to the rules are clearly specified by
 source or process type,  size and in some cases geographic area.
 Emission limitations.are generally listed in Ibs/hr (based on
 mmBtu heat input), ppm/volume or % sulfur content by volume.

 Citation:  Sections 123.21-.24,? 129.12-.13  (see attached list.)

 Does the rule clearly specify applicable averaging time
 associated with emission limitations?

 No.   Thirty day running averaging times are  associated with the
 emission limits for combustion sources.  A 2-hour averaging time
 is associated with zinc smelters.

 Citation:  Sections 123.21-.24

 Is averaging time in rule consistent with protection of the
 NAAQS?      .   "

 No.   See No. 2.

 Does rule have compliance test methodologies consistent with the
 averaging time and units of the applicable emission limitations?

,Yes.   The rule specifies adequate test methodologies.

 Citation:  Section 139.13

 Does rule have a means of determining compliance/excess emissions
 on a continuing basis?

 Yes.   The rules specify CEMS monitoring requirements that comply
 with 40 CFR Part 60 Appendix B - Spec. 2.

 Citation:  Sections 123.25 and 139.101-.105

 Is the averaging time of the rule's continuous compliance
 monitoring and reporting methodology consistent with protection
 of the NAAQS?

 No.   The thirty day averaging time is not consistent with the
 protection of the NAAQS.

-------
7.   Does rule specify requirements to report compliance data to
     regulatory agencies,  including format and frequency of data
     reporting?

     Yes.  The rules provide for a written report every calendar
     quarter detailing the magnitude of excess emissions, date,
     duration of period of excess emissions, start-ups, shut-downs,
     malfunctions (nature, cause, corrective action taken), and
     regular operation data.

     Citation: Section 139.101

8.   Does rule contain clear requirements for compliance data
     recordkeeping and retention?

     Mo.  All compliance data and recordkeeping information is to be
     recorded in a permanent form suitable for inspection and retained


     Citation:  Section 139.101

9.   If the rule contains an Alternative Approach: a) is it clear
     which limits apply to each affected source prior to the timeframe
     in question; b) is it clear that such limits, once selected,
     apply to each source for the entire duration of the reporting
,    period; c) does it require source notification or request from
     the agency prior to the effective timeframe; and d) does it
     require  CEMS,  which are always available, to assure acquisition
     of sufficient data to determine compliance status under all
     alternative conditions?

     Not applicable.  Alternative Approach methods are not addressed
     specifically.

10.  If the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it clearly
     state the method of determining compliance on a continuing basis?

     Not applicable.  Alternative Approach methods are not addressed
     specifically.

11.  Does the rule contain director's discretionary authority?

     Yes.  The rules contain director's discretion clauses.

12.  Section 123 deficiencies; including compliance with the 1985
     regulation, sources affected by the remand and ICS.
                                      c-

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List of Cited Rules

                  TITLE 25 RULES AND REGULATIONS
          PART I. DEPARTMENT OF ENVIRONMENTAL RESOURCES
            Subpart C. PROTECTION OF NATURAL RESOURCES
                   ARTICLE III. AIR RESOURCES

CHAPTER 123.21 - SULFUR COMPOUND EMISSIONS

        123.22 - COMBUSTION UNITS
        123.23 - BY-PRODUCT COKE OVEN  GAS
        123.24 - PRIMARY-ZINC SMELTERS
        123.25 - MONITORING REQUIREMENTS

CHAPTER 129.10 - STANDARDS OF SOURCES

        129.12 - SULFURIC ACID PLANTS
        129.13 - SULFUR RECOVERY PLANTS

CHAPTER 139.1 - SAMPLING  AND TESTING

-------
                VIRGINIA S02 SIP DEFICIENCY REVIEW

Does the rule clearly specify sources subject to rule?

Yes. The individual source category rules clearly specify sources
subject to the rule.  Emission limitations are generally listed
in Ibs/hr with a few .limitation based on ppm/yolume.

Virginia regulations establish rules for individual source
categories.  These rules generally reference a common rule for
the specific compliance method, monitoring, emission testing,
monitoring, and recordkeeping.  A list of the applicable
individual source category rules is attached.

Citation:  see attached list.

Does the rule clearly specify applicable averaging time
associated with emission limitations?

No.  Averaging times are not specified by the rules.

Citation:  see attached list.

Is averaging time in rule consistent with protection of the
NAAQS?

No.  See No. 2.

Does rule have compliance test methodologies consistent with the
averaging time and units of the applicable emission limitations?

No.  The lack of averaging times infers inconsistency.

Does rule have a means of determining compliance/excess emissions
on a continuing basis?

Yes.  Compliance testing is conducted in accordance to the
"appropriate" reference method i.e. Ref. Method 6 and the rules
establish that CEMS data must be determined on a continuing
basis.

Citation:  Sections 120-04-03 and 120-04-04

Is the averaging time of the rule's continuous compliance
monitoring and reporting methodology consistent with protection
of the NAAQS?

No.  Averaging times are not stated.

-------
7.   Does rule specify requirements to report compliance data to
     regulatory agencies, including format and frequency of data
     reporting?

     Yes. The rules provide for a written report every calendar
     quarter detailing the magnitude of excess emissions, date,
     duration of period of excess emissions, start-ups, shut-downs,
     malfunctions  (nature, cause, corrective action taken) , and
     regular operation data.

     Citation: Section 120-04-05

8.   Does rule contain clear requirements for compliance data
     recordkeeping and retention?

     No.  All compliance data and recordkeeping information is to be
     "recorded in a permanent form suitable for inspection" and
     retained for
     Citation:  Section 120-04-05

9.   If the rule contains an Alternative Approach: a) is it clear
     which limits apply to each affected source prior to the timeframe
     in question; b) is it clear that such limits, once selected,
     apply to each source for the entire duration of the reporting
     period; c) does it require source notification or request from
     the agency prior to the effective timeframe; and d) does it -
     require  GEMS, which are always available, to assure acquisition
     of sufficient data to determine compliance status under all
     alternative conditions?

     Not applicable.  Alternative Approach methods are not addressed
     specifically .

10.  If the rule contains an Alternative Approach which contains
     features other than alternative emission limits, does it clearly
     state the method of determining compliance on a continuing basis?

     Not applicable.  Alternative Approach methods are not addressed
     specifically.

11.  Does the rule contain director's discretionary authority?

     Yes.  The rules contain director's discretion clauses.

12.  Section 123 deficiencies; including compliance with the 1985
     regulation, sources affected by the remand and ICS.

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                                3




List of cited Rules




              AIR POLLUTION CONTROL  LAW OF VIRGINIA




Part IV   EXISTING AND CERTAIN OTHER SOURCES




Rule 4-4  GENERAL PROCESS SOURCES




Rule 4-8  FUEL BURNING EQUIPMENT




Rule 4-9  COKE OVENS




Rule 4-11 PETROLEUM REFINERY OPERATIONS




Rule 4-13 KRAFT PULP MILLS




Rule 4-16 PORTLAND CEMENT PLANTS




Rule 4-18 PRIMARY AND SECONDARY METAL OPERATIONS




Rule 4-19 LIGHTWEIGHT AGGREGATE PROCESS OPERATIONS




Rule 4-21 SULFURIC ACID PRODUCTION MIST




Rule 4-22 SULFUR RECOVERY OPERATIONS
                               c - >

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        UNITED STATES ENVIRONMENTAL  PROTECTION AGENCY
                                REGIONS
                           1445 ROSS AVENUE. SUITE 1200
                            DALLAS. TEXAS 7S202-2733
 JAN 2 8 B91


MEMORANDUM

SUBJECT:  SO2 SIP Enforceabilitv Review

FROM:     Gerald W.  Fonten*
          Chief                          v
          Air Programs Branch Region VI  (6T-A)

TO:       Fred Renner,  Acting Chief
          SO2/Particulate Matter Program Branch
          Air Quality Management  Division (MD-15)

ATTN:     Laura  McKelvey (MD-15)  -

Attached  is a review  of the State Implementation Plans  (SIPs)  for
sulfur dioxide (SO2)  enforceability deficiencies.  We used.the SO, SIP
Enforceability Checklist and each checklist item number is identified
in the  attachments.

We found  and reviewed all of the available SIP rules concerning SO2
emissions as well as sulfur emissions. Along with an answer for each
checklist item,  we included a brief description/clarification of the
evaluation  result.

The  following is a list of some general concerns that we have of the
evaluation  results:

1 -   The Louisiana Department of  Environmental Quality  (LDEQ)  has
   v  codified  several  of  EPA's New Source Performance  Standards
       (NSPS) regulations into its  rules.   Consequently,  evaluation
      of  the LDEQ rules using the 12  SO2 checklist items reveal that
      some  of EPA's  NSPS regulations  contain a few deficiencies.  It
     • appears that,  before the agency is  cited for  a deficiency of
     ' a rule based  on NSPS,  the EPA NSPS subpart should be improved
   ,t . so  that it meets the criteria of the checklist.  This is also
     i a problem  with one of the New Mexico regulations.
     .-.
2 -   LDEQ's generic  SO2 rule found in  Chapter 15. conflicts with
      LDEQ's NSPS-type rule found in Chapter 31.  This conflict could
      lead  to problems in executing enforcement actions.

-------
3 -   We took the approach that,  if the rule's averaging period was
      less than or equal to the ambient SO2 standard averaging period
      (either the NAAQS or the state equivalent),  then the emission
      limit was  sufficient to ensure  compliance  with the  ambient
      standard.  As an example,  a  ppm emission limit based  on a 6
      hour average would be adequate to protect the  24  hour NAAQS,
      but not the 3  hour NAAQS.

4 -   The proper Texas SIP codification is Rule 201,  202, 203, etc.
      and not 112.1, 112.2, 112.3,  etc.

      All of the Region 6  agencies except  Texas have procedures to
      obtain a variance (agency discretion) from any SO2  rule.

6 -   The State of Arkansas SIP does not contain an SO2 regulation.
      State-issued permits require that sources demonstrate that they
      will not cause an exceedance of the SO, NAAQS. Section 8 of the
      Arkansas  Air  Pollution  Control  Code  ("Emission  of  Sulfur
      Compounds") is not a part of the Arkansas SIP.   This section
      only gives emission limitations (30 minute average) for sulfur
      dioxide  (0.20 ppm)  and sulfuric acid mists or sulfur trioxide
      (30 ug/m ).  The maximum ambient concentrations are determined,
      with director's  discretion,  by  ambient air  sampling or by
      calculations  based  upon  dispersion   equations   and  stack
      concentrations of the air contaminant.

      The State of Oklahoma SIP contains Regulation 3.4, "Control of
      Emission of Sulfur Compounds."   There  are  portions. of this
      regulation, though,  that have not been approved  in the SIP, and
      these are noted in the following attachments.

8 -   Texas SIP  Rule 201.10  (State Rule  112.10) 'states that the
      Executive Secretary  (now the  Executive  Director)  may set SO2
      emission  rates  as  necessary  to attain ambient air  quality
      standards for sources not regulated  by  other source-specific
      rules.  In this  case, director's discretion is not undesirable
      and should actually be encouraged*.

If you have any questions or comments on  this review,  please feel
free to  contact Raymond  Magyar  and Jonathan York  (SO2  Compliance
contacts) at FTS 255-7229 or Mark Sather (SO2  SIP  contact) at
FTS 255-7214.

Attachments
                                c-M-i

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                   ARKANSAS AIR POLLUTION CODE
        Sulfur  Dioxide  (SO..) Emissions Limitations survey
              State Implementation Plan (SIP)  Review
                    State Rules on SO. Sources
SECTION 8 CODE  (Amended July, 1973):
                   Emission of Sulfur Compounds
SECTION 7 SIP  (Amended June, 1975):
               Sampling and Monitoring Recruicements
Checklist Item No. 1;
                                                           . •
               Section 8 Code
     NO	SO, limit is an ambient air standard and is
                    not source specific.
Checklist Item No. 2;
          •    Section 8 Code
     YES	30 Min. Avg. (ambient air standard)
Checklist Item No. 3:
          •    Section -8 Code
     YES	Primary - 30 min. avg.
     YES	Secondary - 30 min. avg.
Checklist Item No. 4t
               Section 8 Code
     NO	 .Methods of determining pollutant levels are
                    not stated.  Methodology is to be determined
                    at the option of the Director.

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               Section 7(d)(i) SIP
     NO	'  .Methods and procedure are not  stated.
                    Procedures and methods commonly  accepted and
                    used in the field of air pollution   control
                    can be used.
 Checklist Item No.  5;
               Section 7(e) SIP
     NO	  .The requirement for CEM is at  the discretion
                    of the Director.
 Checklist Item No.  6;
               Section 7(e) SIP
     NO.  .  .  . .  .  .30 min. avg. time is available.  CEM is
                    required at discretion of the  Director1.
 Checklist Item No.  7;
               Section 7(c) and 7(g) SIP
     YES	Reports are required on a scheduled  basis
                    in a required format.
 Checklist Item No:  8:
          •    Section 7(e) SIP
     NO	Record maintenance is the only requirement.
                    No specific recordkeeping requirements  are
                    stated.
 Checklist Item No.  9:
     NO	No Alternative Approach (AA) .
 Checklist Item No.  10;
;•    NO	No AA.
 Checklist Item No.  11:
               Section 8(b) Code
     YES	Maximum cone, determination
                                  C-H-f

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               Section 7(c) SIP
     YES. ..... Emissions data filing
               Section 7(d) SIP
     YES. ..... Procedures and methods
               Section 7(e) SIP
     YES	Use of GEM
               Section 7(g) SIP
     YES	 Maintenance of records
Checklist Item No. 12:
     UNKNOWN. . . . Stack height requirements were not found in
                    the SIP.

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                        TEXAS REGULATIONS
        Sulfur Dioxide (SO..)  remissions Limitations Survey
              State Implementation Plan (SIP) Review
                   State Rules  on SO,  Sources
REGULATION II:
          Control of Air Pollution from Sulfur Compounds
                          (SIP Version)
Checklist Item No. 1:
     Rule 201.1
          YES. . . .  •  •  Sulfuric acid plants burning elemental S
     Rule 201.2
          YES	Sulfuric acid plant
     Rule 201.3
          YES. .....  Sulfur recovery plants
     Rule 201.4
          YES	Nonferrous smelters
     Rule 201.5
          YES. . . .  .  .  Solid fossil-fuel-fired steam generator
     Rule 201.6
          YES	Liquid fossil-fuel-fired steam generator
     Rule 201.7
          YES	All sources in Galveston/Harris Counties
     Rule 201.8
          YES	All sources in Jefferson and Orange
                         Counties

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     Rule 201.9
          YES	All sources
     Rule 210.10
          YES	All sources not regulated by Rules
                         201.1, 201.2, 201.3, 201.4, 201.5, and
                         201.6
Checklist Item No. 2;
     Rule 201.1
          NO	Ib/hr, 1 hr. average implied
     Rule 201.2
          NO	Ib/hr, 1 hr. average implied
     Rule 201.3
                        •                        *             .
          NO	Ib/hr, 1 hr. average implied
     Rule 201.4
          NO	% volume, no averaging specified
     Rule 201.5
          NO	Ib/MMBTU, no averaging specified
     Rule 201.6
          NO	ppm (v), no averaging specified
     Rule 201.7
          YES	ppm (ambient) averaged over 30 min.
     Rule 201.8
          YES	ppm (ambient) averaged over 30 min.
     Rule 201.9
          YES	ppm (ambient) averaged over 30 min.
     Rule 201.10
          YES	"Emission rates . . . may be set. . . to
                         attain ambient air quality standards."

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                                                                3
Checklist Item No. 3;
     Rules 201.1 - 201.3
          NO. ... 1 .  averaging only implicitly specified
     Rules 201.4 - 201.6
          NO	no averaging given
     Rules 201.7 - 201.9
          UNKNOWN. .  .  .30 min. average less than 3 hr.
     Rule 201.10
          YES	Required
Checklist Item No. 4;
          NO	»  .No test methods referenced
Checklist Item No. 5;
          NO	No continuous compliance methods
                         specified
Checklist Item No. 6;
          NO. . . . . .  .See Item No. 5
Checklist Item No. 7;
          NO	not required
Checklist Item No. 8;
          NO	not required
Checklist Item No. 9;
     Rules 201.1, 201.2, 201.3, 201.4:  Alternate emission limit
     for effective stack height
     a.   YES	clearly stated in Rules 201.1 - 201.4
     b.   NO	no reporting period specified
     c.   NO	since emission limit is lowered
     d.   NO	none required

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Checklist Item No. 10;

          Not applicable

Checklist Item No. 11:

     Rule 201.10

          YES	Executive Secretary may set SO2  emission
                        rates from sources not regulated by Rules
                        201.1 - 201.6

Checklist Item No. 12;

     Stack height corrections in Rules 201.1 - 201.4

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PEG01ATIOH II:
          Control  of Air Pollution from Sulfur Compounds
                         (State Version)

                    Control of Sulfur Dioxide
Checklist Item No. 1:

     Rules 112.1(a), 112,l(a), 112.3(3), 112.4(a),  112.5(a)  and
     (b) and 112.6(a)

          YES	 sources clearly specified

     Rules 112.7, 112.8, 112.9, 112.10

          YES	all sources in areas listed
                         (Galveston/Harris Counties, and
                         Jefferson/
                         Orange Counties)
     Rule 112.9

          YES	all sources

     Rule 112.10

          YES	All sources not regulated  by Rules
                         112.l(a), 112.2(a), 112.3(a),  112.4(a),
                         112.5(a), and 112.6(a)

     Rule 112.16(a)

          YES	 Nonferrous smelters (including sulfuric
                         acid plants)

Checklist Item No. 2;

     Rules 112.1(a), 112.2(a), 112.3(a)

          NO.	Ib/hr (1 hr. average implicit)

     Rule 112.4(a)

          NO	% volume, no averaging specified

     Rule 112.5(a)

          NO	Ib/MMBTU, no averaging specified

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     Rule 112.5(b)

          NO. ...*.. .Ib/MMBTU, no averaging specified

     Rule 112.6(a)

          NO	ppm(v), no averaging specified

     Rule 112.7

          YES	ppm (ambient) averaged over 30 min.

     Rule 112.8

          YES	ppm (ambient) averaged over 30 min.

     Rule 112.9

          YES	ppm (ambient) averaged over 30 min.

     Rule 112.10

          YES	"Emission rates .  .  .  may be set . .  .
                        . to attain ambient air quality
                         standards."

     Rule 112.16(b)

          YES	2 hr.  average ppm(v) limit less than 3
                         hr. NAAQS

          NO	6 hr.  average ppm(v) limit greater than
                         3 hrs. NAAQS
     Rule 112.19

          YES	ppm standard averaged over 3 hrs.

Checklist Item No. 3;

     Rule 112.1(a), 112.2(a), 112.3(a)

          MAYBE	

     Rules 112.4(a), 112.5(a) and (b), 112.6(a)

          NO	no averaging given
                             *
     Rule 112.7 -  112.9

          UNKNOWN. ... 30 min. average less than 3 hr.
                                     c-H-

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     Rule 112.10
          YES	required
     Rule 112.16
          NO	6 hr. average does not protect 3 hr.
                         NAAQS
Checklist Item No. 4t
                         •
          NO	No test methods referenced
Checklist Item No. 5;
     Rule 112.16(g)
          YES	 for significant sources from primary
                         smelter
•    All other Rules
          NO	no continuous compliance methods given
Checklist Item No. 6;
     Rule 12.16(g)
          YES	one measurement required every 15 min.
          NO. . .'. . .  for all other Rules
Checklist Item No. 7:
          NO	not required
Checklist Item No. 8;
          NO	not required
Checklist Item No. 9:
     Rules 112.l(b), 112.2(b), 112.3(b), 112.4(b), 112.6(b):
     Alternate emission limit for effective stack height
     a.   YES	 clearly stated
     b.   NO 	 no reporting period specified
     c.   NO	no, since emission limit is lowered
     d.   NO	none required

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                                                                 8
     Rule 112.5(b): Alternate SO. Limit for Solid Fossil-Fuel-
     Fired Steam Generator Located in Milam County

     a.   YES....'.. clearly stated

     b.   NO 	 No reporting period specified

     c.   NO	Rule was put in place by source request
               •

     d.   NO	none required

     Rule 112.9: Exemption for New or Modified Sources From Net
     Ground Level  Concentration Limit

     a.   NO	effective date not specified

     b.   NO	no reporting period specified

     c.   NO*	not required

     d.   NO	not required

     Rule 112.11-15: Temporary Fuel Shortage Plan

     a.   YES	Limits are suspended for any source
                         subject to 112.6-112.9 or permit  (except
                         NSPS)

     b.   YES. .....

     c.   YES	Rule 112.13

     d.   YES	 implicitly through Rule 112.14

     Rule 112.17-19: Area Control Plan

     a.   YES	Rule 112.19-0.5 ppm (ambient) averaging
                         over 3 hr.
     b.   YES,
     c.   YES	Rules 112.17-18 source must apply and
                         TACB may grant

          YES	Rule 112.17 plan must include ambient
                         SO2 sampling system

Checklist Item No. 10;

          Not applicable

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Checklist Item No. 11;

     Rule 112.10
                    «
          YES	Executive Director may set SO, emission
                         rates from sources not regulated by
                         Rules 112.1-112.6.

Checklist Item No. 12;

     Rules 112.1 - 112.4 and 112.6 make emission limit
     corrections for stack height
                                £.-'

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                                      , NEW MEXICO REGULATION
'••-'Vr,.:-i ?.":"•*   .      8ul£ur Dioxide (SO.)  Emission Limitations Survev
-.-./•".».*<£-•-•-.•• *.--•' .v •••..•        •  Beaca TrnDlenentation Plan (SIP) Review
                  •
                               ftbate Rules on  SO.. Sources
  r^i'JiJ''-''5??.^-'.*'':*•*•/• --'-••.. ••*:.- '            ^
  ^cf-fja^Ss'
*vi?Wiprtfi?iy^ir:-,'y:- .•  •
^^^iifeS--;-':;::'
                      , NEW JffiXICO REGULATION 13:   Coal Burning Equipment -
                 Dioxide
-w^^>':'--;'
                 .st Item No.  1;
ffM»fe;®;.;;•*, -^ ^TI«             —•
w^gK^vi^v,,--^  •
.- ;'. r'..f::.-.^.>-.>-f--? -^.T.'/'-^'-• \-»»*^     •
•v?-i'':.'^?^Vr'.-:v"!?c''.-:"l;'.' 'MO ......
r^;J?4;J*i^^':??-;V-'i;/.' ..';
'. "••^-'.'''"•"i-'.>•-'f'«"-''-i-r' ^VVkA.M.1_ ^ J ^.A. ^^^.«« %V_.  <
                               Regulation  13.01
         Checklist Item  No.  2;
                               Regulation  13.01 - no averaging specified
         Checklist Item  No.  3;
                  "-.'•"-
               NO ^	none specified
               '   '-
                    Item  No.  4:
               NO « .  .... none specified
:^/l^jv*;>^v^' checklist I
 . .----. •  ...-.,-
  y^/; ' • V Checklist Item Nol  5;
       >;       YES	  see Regulation 23
        v Checklist Item  No.  6;
               NO	see Regulation 23 - not specified
 • ^ ^;?  ^ Checklist Item  No.  7;
  IV:   '?        YES. ..... Regulation 23.02 requires semi-annual reporting
   \ ",                         of information required by  the Director
   -.'-.    . Checklist Item  No.  8;
   .            NO ......  nothing specified
         Checklist Item  No.  9;
               Not applicable -  none allowed for, but  see Regulation 24  -
               Variance Procedure

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Checklist Item No. 10:



     Not applicable.



Checklist Item No. 11;
                    *


     YES	see Regulation 24.08, where Director may waive

                    stay of enforcement



Checklist Item No. 12;



     Stack height provisions are dealt with in Regulation 33

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REGULATION 17: • Oil Burning Equipment - Sulfur Dioxide
Checklist Item No. 1;
     YES	Regulation 17.01
Checklist Item No. 2;
     NO	none specified
Checklist Item No. 3;
     NO	none specified
Checklist Item No. 4;
     NO . . ., . . . none specified
Checklist Item No. 5:
     YES	see Regulation 23
Checklist Item No. 6;
     NO	see Regulation 23 - not specified
Checklist Item No. 7;
     YES	Regulation 23.02 requires semi-annual reporting
                    of information required by the Director
Checklist Item No: 8;
     NO ... . . . nothing specified
Checklist Item No. 9:
     Not applicable -  none allowed for, but see  Regulation 24 -
     Variance Procedure
Checklist Item No. 10;
     Not applicable.
Checklist Item No. 11:
     YES	see Regulation 24.08, where Director may waive
                    stay of enforcement
Checklist item No. 12:
     Stack height provisions are dealt with in Regulation 33

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         Sulfur Dioxide (SO,) Emission Limitationa Survey

              State  Implementation Plan  (SIP)  Review

                    State Rules on SO, Sources
LOUISIANA ADMINISTRATIVE CODE (LAC)
VOLUME II, TITLE 33 (1988):

Part III.  Air

Chapter 15.  Emission Standards for Sulfur Dioxide

Section 1503.  Emission Limitations
Checklist Item No. It
     YES	 Existing Sulfuric Acid Plants  (SAP)
                    New Sulfuric Acid Plants (SAP)
                    New Sulfur Recovery Plants (SRP)
                    Existing All Other Sources (AOS)
                    New All Other Sources (AOS)

Checklist Item No. 2i

     YES	Existing SAP - 3 hr. avg.

     YES	New SAP - 3 hr. avg.
                    40 GFR Part 60, Subpart H,  60.84(e)

     NO. . . . . . .New SRP

     NO	Existing AOS

     NO	New AOS

Checklist Item No. 3:

     YES	Existing SAP
                    Secondary NAAQS (3 hrs.)
                    Primary NAAQS (24 hrs.)

     YES	New SAP
                    Secondary NAAQS
                    Primary NAAQS

     NO	New SRP
                    Secondary NAAQS
                    Primary NAAQS

-------
     NO	Existing AOS
                    Secondary NAAQS
                    Primary NAAQS

     NO.	New AOS
                    Secondary NAAQS
                    Primary NAAQS

Checklist Item No. 4;

     YES	 "Analytical methods" references Table 4,
                    which includes 40 CFR Part 60, Appendix A,
                    Test Method 1 (Sample and Velocity Traverses)
                    and Test Method 6 (Sulfur Dioxide emissions,
                    concentrations)

Checklist Item No. 5:

     NO ...... EPA's Part 60, Appendix A, Test Method 6 is
                    referenced in LDEQ's Chapter 15.  Continuous
                    monitoring of SO2 emissions is not explicitly
                    required, although it is implied.

Checklist Item No. 6;

     NO 	 Continuous monitoring is not explicitly
                    required.  Averaging time cannot be readily
                    evaluated.

Checklist Item No. 7;

     YES	a.   LAC Chapter 9, Section 918 and Section
                         919, specify applicability of reporting
                         requirements and emission data reporting
                         requirements.  Emission data is to be
                         sent to LDEQ upon request by the State.
                         Reporting is done annually.

                    b.   An air permit may be more specific.

Checklist Item No. 8;

     NO	No specific recordkeeping requirements are in
                    LA's LAC.

Checklist Item No. 9;

     Not applicable.  No Alternative Approach (AA) is used.

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Checklist Item No. 10:

     Not applicable.  No AA is used.

Checklist Item No. 11:

     YES	Section 1505 "Variances" allows the LOEQ
                    administrative authority to permit the source
                    to obtain relief from the LAC rules on a
                    case-by-case basis.

Checklist Item No. 12:

     YES	LAC Chapter 9, Section 921 "Stack Heights"
                    includes detailed stack height regulations:
                         - Pre and post 7/8/85 requirements are
                             specified.
                         - Good engineering practice is
                             described.

QUESTIONS/CONCERNS:

     1.   Why have Section 1503, SO2 emission  limits  for  new
          sulfuric acid plants when Chapter 31, Subchapter H,
          Section 3232 covers "new sulfuric acid plants"  as new
          sources?
                                                              •
     2.   The "New All Other Sources" SO2 limit conflicts with
          Chapter 31 SO2 requirements.

     3.   The New Sulfur Recovery Plant SO2  limit conflicted with
          Chapter 31,  Subchapter J, Section 3264.

     4.   The difference between a "new source" and an "existing
          source" is not clearly specified by the use of
          applicable dates.

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Chapter 23.  Control of Emissions for Specific Industries

Subchapter A.  Chemical Woodpulpina Industry

Section 2301.  Contr61 of Emissions from the Chemical Woodpulpina
               Industry

                         ********
Checklist Item No. 1:

     YES	Existing All Other Sources (AOS)
                    New AOS (See Section 1503C)

Checklist Item No. 2t

     NO	Existing AOS, except for smelt dissolving
                    tanks (12 hr. avg.)
                    New AOS
                    (See Section 1503C)

Checklist Item No. 3;

     NO	Existing AOS:
                    Secondary or Primary NAAQS

     NO	New AOS:
                    Secondary or Primary NAAQS
                                                      t>
Checklist Item No. 4;

     YES. ..... "Analytical Methods" references
                    Table 4

Checklist Item No. 5:

     NO	CEM is not required

Checklist Item No. 6;
                                                  •
     NO. . . . .  . . CEM is not required

Checklist Item No. 7:

     YES	a.   LAC Chapter 9, Section 918 and Section
                         919.  Data sent to LDEQ upon request.
                         Reporting done annually.

                    b.   An air permit may be more specific.

Checklist Item No. 8;

     NO	None specific in LA's LAC.

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Checklist Item No. 9;



     Not applicable.  No Alternative Approach (AA) is given.
                    *


Checklist Item No. 10;



     Not applicable.  No AA is given.



Checklist Item No. 11;



     NO	in Section 2301



     YES	in Section 1505 for 1503 emission limits



Checklist Item No. 12:



     NO	in Section 2301

     YES	in Section 921

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                                                                6

 Chapter 31.   Standards of Performance for New Stationary Sources

Subchapter 8.  Standards of Performance for Fossil-Fuel-Fired
               Steam Generators for Which Construction is
               Commenced After August 17. 1971  fSubpart D)

Section 3138.  Standard for Sulfur Dioxide
Checklist Item No. 1;

     YES	 Established in Section 3135

Checklist Item No. 2;

     YES	Section 31406.2 - 3 hr. avg. (3 one-hr.
                    periods are averaged)

Checklist Item No. 3;

     YES	Primary NAAQS (24 hr.)

     YES	Secondary NAAQS (3 hr.)

Checlist Item No. 4;

     YES	Section 3141A. - Method 1 and Method 6 or
                    Method 6A

Checklist Item No. 5;

     YES	 Section 3140A, except where SO2 monitoring is
                    not required:
                                                          •
                    3140B.1. - burning gaseous fossil fuel
                    3140B.2. - no flue gas desulfurization device
                               (fuel sampling/analysis required)

Checklist Item No. 6:

     YES	Section 3125E. - specifies 15 min. CEM cycle
                                                           •
     YES	Section 3125H. - specifies 1 hr. avg. of 4 or
                    more data points equally spaced over 1 hr.
                    period.

Checklist Item No. 7:

     YES	 Section 3113C - specifies quarterly reporting
                    of CEM data/excess emissions.

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Checklist Item No. 8:

     YES	Section 3113D - specifies maintenance of a
                    record file suitable for inspection.

Checklist Item No. 9:

     Not applicable - No Alternative Approach (AA) is used.

Checklist Item No. 10i

     Not applicable - No AA is used.

Checklist Item No. 11:

     NO	None in Subchapter B or Subchapter A (General
                    Provisions and Definitions).

Checklist Item No. 12:

     Not applicable - In Subchapter B.
                    (See LAC Chapter 9, Section 921)

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                                                                8

 Chapter 31.   Standards of Performance for New Stationary Sources

Subchapter C.  Standards of Performance for Electric Utility
               Steam Generating Units for Which Construction is
               Commenced After September 18. 1978 (Subpart Da)

Section 3145.  Standard for Sulfur Dioxide
Checklist Item No. 1;

     YES	 Established in Section 3142.

Checklist Item No. 2;

     YES. . . . . . Section 3149H.2. - 1 hr. avg. (30-day rolling
                    average basis is used - see Section 3148E.,
                    F., and 6.)*

Checklist Item No. 3;

     YES*	Primary NAAQS (24 hr.)

     YES* ..... Secondary NAAQS (3 hr.)

Checklist Item No. 4;

     YES	Section 3149 H.I - Method 3 and Method 6B are
     specified

Checklist Item No. 5:

     YES	Section 3149B, except where natural gas is
     the            fuel

Checklist Item No. 6;

     YES*. .....  Section 31496, specifies 1 hr. averages of 2
                    data points

Checklist Item No. 7;

     YES	Section 3113C specifies quarterly reporting
                    of CEM data/excess emissions.
                    Section 315IB is specific for Subchapter C.
*    40 CFR 60.46a, 60.473, and 60.49a, contain the same
     requirements that are included in Lousiana's Sections 3148
     and 3149.

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Checklist Item No. 8;
     YES	Section 3113D specifies maintaining a record
                    file suitable for inspection.
Checklist Item No. 9;
     Not applicable - No Alternative Approach (AA) is used
Checklist Item No. 10:
     Not applicable - No AA is used
Checklist Item No. 11;
     NO	None in Subchapters C or A
Checklist Item No. 12;
     Not applicable - In Subchapter C
                    (See LAC Chapter 9, Section 921, p. 126-131)

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                                                                 10


  Chapter 31.  Standards of Performance for New Stationary Sources

 Subchapter H.   Standards  of  Performance  for Sulfuric Acid Plants
                 (Suboart H)

 Section  3232.   Standard for  Sulfur Dioxide
 Checklist  Item No.  1:

      YES	  Established  in Section 3230

 Checklist  Item No.  2;

      YES	Section  3234E - 3 hr. periods  (or avg. of  3
^                     consecutive  1 hr. periods)

 Checklist  Item No.  3:

      YES	Primary  NAAQS (24 hr.)

      YES	Secondary NAAQS (3 hr.)

 Checklist  Item No.  4;

      YES	Section  3234B, C, & D - kg/ton  (or Ib/ton) of
                      100% H2S04

 Checklist  Item No.  5;

      YES.  .....  Section  3234A - Ref. Method 8 plus Methods 1,
                      2,  and 3
                       •
 Checklist  Item No.  6;

      YES	Section  3234E - 3 hr. periods

 Checklist  Item No.  7;

      YES	  Section  3234E - refers to 3113C quarterly
                      reports

 Checklist  Item No.  8;

      YES	Section  3113D - specifies record/file
                      maintenance

 Checklist  Item No.  9;

      Not applicable - No Alternative Approach (AA) is used

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                                                                11
Checklist Item No. 10;
     Not applicable - No AA is used
Checklist Item No. I'l;
     NO. . '. . . . None in Subchapters A or H
Checklist Item No. 12;
     Not appicable - in Subchapter H
                    (See Chapter 9, Section 921, p. 126-131)

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                                                                12

 Chapter 31.   Standards of Performance for New Stationary Sources
Subchapter J•  Standards of Performance for Petroleum Refineries
               (Subpart J)
Section 3264.  Standard for Sulfur Dioxide
Checklist Item No. 1;
     YES. ..... Established for Glaus sulfur recovery plants
                    and fuel gas combustion devices
                    (in Section 3260)
Checklist Item No. 2;
     YES	Section 3265E.3 - fuel gas: 3 hr. avg.*
                    Glaus Plant: 12 hr. avg.*
                    Section 3265E.4 (?) unit: 6 hr. avg.*
                                 •
Checklist Item No. 3;
     YES*	Primary NAAQS (24 hr.)
     NO*	Secondary NAAQS (3 hr.)
Checklist Item No. 4;
     YES	 Section 3266C - Method 6 and Method 1
                    (mg/dscm)
     YES	Section 3266D - Method 6 (Alt. proc. - % by
                    vol.)
Checklist Item No. 5;
     YES	Section 3265A.3 (fuel gas)
     YES	 Section 3265A.5 (Glaus plant)
Checklist Item No. 6:
     NO*	See #2 and 3, above
*    40 CFR 60.105(e)(3) and (e)(4) contain the same requirements
     that are included in LA's Section 3265.

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                                                               13
Checklist Item No. 7;
     YES	Section 3265E references Section 3113C
                    quarterly reporting
Checklist Item No. 8;
     YES	Section 3113D - specifies record/file
                    maintenance
Checklist Item No. 9;
     Not applicable - No Alternative Approach (AA)
Checklist Item No. 10;
     Not applicable - No AA
Checklist Item No. 11;
                                        •                 '
     NO	None in Subchapters A or J
Checklist Item No. 12;
     Not applicable - in Subchapter J
                      (See Chapter 9, Section 921, p. 126-131)

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                                                               14

 Chapter 31.   Standards of Performance for New Stationary Sources
Subchapter P.  Standards of Performance for Primary Copper
               Smelters (Subpart PI
Section 3363.  Standard for Sulfur Dioxide
Checklist Item No. 1:
     YES	Established in Section 3360
Checklist Item No. 2;
     YES	Section 3365C - 6 hr. avg. (4 times per day)*
Checklist Item No. 3:
     YES*	Primary NAAQS (24 hr.)
     NO*	Secondary NAAQS (3 hr.)
Checklist Item No. 4:
     YES	 Section 3365B.2-Air Quality (AQ) Div. Source
                    Test Manual.
                    Section 3366A.2-SO2 in %-by vol.
Checklist Item No. 5;
     YES	Section 3365B.2 - roaster, smelting furnace,
                    or copper converter
Checklist Item No. 6;
     NO*	Section 3366A.2 - 6 hr. avg.
Checklist Item No. 7:
     YES	 Section 3365D - references to 3113C
Checklist Item No. 8;
     YES	 Section 3113D - specifies record/file
                    maintenance
*    40 CFR 60.165(c) and (d)(2) contain the same requirements
     that are included in Sections 3365C and 3365D.

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                                                                15
Checklist Item No. 9;
     Not applicable - No Alternative Approach (AA)
Checklist Item No. 10;
     Not applicable - No AA
Checklist Item No. 11;
     NO	None in Subchapters A or P
Checklist Item No. 12:
     Not applicable - in Subchapter P
                      (See Chapter 9, Section 921, p. 126-131)

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                                                               16*
 Chapter 31.   Standards of Performance for New Stationary sources
Subchapter Q.  Standards of Performance for Primary Zinc Smelters
               (Subpart Q}
Section 3383.  Standard for Sulfur Dioxide
Checklist Item No. Is
     YES	Established in Section 3380
Checklist Item No. 2:
     YES	Section 3385B and C.2 - 2 hr. avg. (Two 1 hr.
                    contiguous periods averaged).*
Checklist Item No. 3;
     YES*	Primary NAAQS (24 hrs.)
     YES*	Secondary NAAQS (3 hrs.)
Checklist Item No. 4;
     YES	Section 3386A.2 - AQ Div. Source Test '
                    Manual, SO2 in % by vol.
Checklist Item No^ 5s
     YES	Section 3385A.2 - roaster
Checklist Item No. 6;
     YES*	Section 3385B - 2 hr. avg.
Checklist Item No. 7;
     YES. .... .Section 3385C - refers to Section 3113C
Checklist Item No. 8:
     YES. . . , . .Section 3113D - specifies record/file
                   maintenance
Checklist Item No. 9s
     Not applicable - No Alternative Approach (AA)
*    40 CFR 60.175(b) and (c)(2) contain the same requirements
     that are included in Sections 3385B and 3385C.2

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                                                                17
Checklist Item No. 10;
     Not applicable - No AA
Checklist: Item No. lit
     NO	None in Subchapters A or Q
Checklist Item No. 12;
     Not applicable - In Subchapter Q
                    (See Chapter 9, Section 921, p. 126-131)

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                                                               18

 Chapter 31.   Standards of Performance for New Stationary Sources

Subchapter R.  Standards of Performance for Primary Lead Smelters
               (Subpart R)

Section 3403.  Standard for Sulfur Dioxide
»
Checklist Item No. 1;

     YES. ..... Established in Section 3400

Checklist Item No. 2;

     YES	Section 3405B and C.2 - 2 hr. avg. (two 1 hr.
                    contiguous periods averaged.)*

Checklist Item No. 3;

     YES*. ....  Primary NAAQS (24 hrs.)

     YES*	Secondary NAAQS (3 hrs.)

Checklist Item No. 4;

     YES	 Section 3405A.2.b. - AQ Div. Source Test
                    Manual, SO2 in % by vol.

Checklist Item No. 5;

     YES	Section 3405A.2.a - blast furnace, dross
                    reverberatory furnace, or sintering machine
                    discharge

Checklist Item No. 6;

     YES*	Section 3405B - 2 hr. avg.
    *
Checklist Item No. 7:

     YES	Section 3405C - refers to Section 3113C

Checklist Item No. 8:

     YES	Section 3113D - specifies record/file
                    maintenance
*    40 CFR 60.185(b) and (c) (2) contain the same requirements
     that are included in Sections 3405B and 3405C.2

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                                                                19
Checklist Item No. 9;
     Not applicable - No Alternative Approach (AA)
Checklist Item No. 10;
     Not applicable - No AA
Checklist Item No. 11;
     NO	None in Subchapters A or R
Checklist Item No. 12;
     Not applicable - In Subchapter R
                    (See Chapter 3, Section 921, p. 126-131)

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                                                               20
 Chapter 31.   Standards of Performance for New Stationary Sources
Subchapter GG. Standards of Performance for Stationary Gas
               Turbines (Subpart GG)
Section 3583.  Standard for Sulfur Dioxide
Checklist Item No. 1;
     YES. ..... Established in Section 3580
Checklist Item No. 2;
     NO	  Section 3584C.2 - Daily period (24 hr.) for
                    fuel sulfur content only, not SO2 discharge*
Checklist Item No. 3:
     NO*	Primary NAAQS (24 hr.)
     NO*	Secondary NAAQS (3 hr.)
Checklist Item No. 4;
     YES	Section 3585B.1 - Ref. Method 20, which
                    references to Method 6 (Alt. proc., % by
                    vol.)
                    Section 3585B.2 - ASTM specs for sulfur
                    content of fuels
Checklist Item No. 5;
     NO	Section 3584A - continuous monitoring is
                    required for fuel sulfur content only, not
                    SO2 emissions
Checklist Item No. 6;
     NO*	No averaging time for SO2 emissions.   Section
                    3583A does include a SO2  emission limit of
                    0.015% by vol. § 15% O2 on a dry  basis.
Checklist Item No. 7;
     YES	 Section 3584C.2 - refers to Section 3113C
*    See 40 CFR 60.334(a)(2), which is the same as Section
     3584C.2
                                   N^ ^

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                                                               21
Checklist Item No. 8:
     YES	Section 3113D - specifies record/file
                    maintenance
Checklist Item No. 9;
     Not applicable - No Alternative Approach (AA)
Checklist Item No. 10;
     Not applicable - No AA
Checklist Item No. 11;
     NO	None in Subchapters A or GG
Checklist Item No. 12;
     Not applicable - In Subchapter GG
                    (See Chapter 9, Section 921,  p. 126-131)
                                0J

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                      NEW MEXICO REGULATIONS

                 Loxide (SQj) g""*|3aion3 Limitations

              State Implementation Plan (SIP) Review

                    State Rules en so. Sources
AIR QUALITY CONTROL REGULATION/602V Coal Burning Equipment -
Sulfur Dioxide
Checklist Item No. 1;
     YES	 AQCR 602.A.4, A.5, A.6.a, A.6.b, B.l.c,
                    B.2.a, and B.2.b

Checklist Item No. 2;

     NO	AQCR 602.A.4,-A.5 - no average

     Not applicable to all other rules

Checklist Item No. 3;

     NO	  AQCR 602.A.4, A.5 - since there is no average

     YES. ..... AQCR 602.A.6.af A.6.b and B.2.b - lb/hr.,  3
                    hr. average.

     NO	  AQCR 602.A.6.a, A.6.b, B.l.c, and B.2.a  -  30-
                    day average period is greater than 3 hr.
                    NAAQS.

Checklist Item No. 4i

     YES	   AQCR 602.C.I requires Method 6 for all limits
                    except 30-day averages.

     YES	   AQCR 602.C.I and 602.D. require continuous
                    monitoring

Checklist Item No. 5;

     YES	   AQCR 602.D.I and D.2

Checklist Item No. 6;

     YES	   AQCR 602.E.I
                                  f  U -.'

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Checklist Item No. 7:
^^^^^W^^^^^^B^VB^B^—i^^K^^~^«BHB^^—^^VP^K^^^^^B^

     NO	AQCR 602.E.I and E.2 have no definition of
                    excess emission

Checklist Item No. 8;

     NO	AQCR 602.D.3 requires only raw data be
                    retained for two years
   ^'
Checklist Item No. 9;

     a.   YES. . .  AQCR 602.A.6.b

     b.   NO ... .not stated

     c.   YES. . . .AQCR 602.A.6.b requires showing of inability
                    to the Board

     d.   YES. . . .AQCR 602.C.I requires continuous emission
                    monitoring

Note that AQCR 701 allows for requesting and receiving a variance
from any AQCR.

Checklist Item No. 10:

     Not applicable

Checklist Item No. 11:

     YES	   AQCR 701.H allows for director's opinion on
                    stay of enforcement while variance petition
                    is pending
                    (NB: not part of SIP)

Checklist Item No. 12:

     No stack height regulations in this AQCR, but see AQCR 710

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AIR QUALITY CONTROL REGULATION^ 605:/ Oil Burning Equipment -
Sulfur Dioxide
Checklist Item No. 1;
     YES	AQCR 605
Checklist Item No. 2;
     NO	Ib/MMBTU, no averaging time specified
Checklist Item No. 3;
     NO	none specified
Checklist Item No. 4;
     NO	none specified
Checklist Item No. 5;
     NO	none specified
Checklist Item No. 6:
     NO	none specified
Checklist Item No. 7:
     NO	no requirements
Checklist Item No. 8;
     NO	no requirements
Checklist Item No. 9:
     Not applicable; however, AQCR 701 allows for requesting and
     receiving a variance from any AQCR.
Checklist Item No. 10;
     Not applicable
Checklist Item No. 11i
     YES	see AQCR 701.H
Checklist Item No. 12 i
     No mention of stack heights, but see AQCR 710

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AIR QUALITY CONTROL REGULATION 621:  Natural Gas Processing Plant
- Sulfur •
Checklist Item No. 1;

     YES	AQCR 621.A

Checklist Item No. 2;

     NO. . . o . .  AQCR 621.B, C, D, E, F.2.a, F.2.b, 6.2.a,
                    G.2.b, I, K - no average given

Checklist Item No. 3;

     NO	AQCR 621. J - Ib/day > 3 hrs and is not
                    consistent with 24 hr. average

     NO. . . . . .  AQCR 621.B-K:  no average given

Checklist Item No. 4;
            •
     NO	Tests specified

Checklist Item No. 5:

     NO	AQCR 621. L specifies no less than quarterly
                    for some parameter measurements

Checklist Item No. 6;
                                            •

     NO	AQCR 621.L allows reporting times ranging
                    from once per 24 hours to quarterly

Checklist Item No. 7:

     YES	AQCR 621.L requires quarterly reports and
                    what data to be reported

Checklist Item No. 8;

     NO	not required                         '

Checklist Item No. 9:

     Not applicable - no alternate approaches allowed after
     1/1/80;  however, AQCR 701 allows for requesting and
     receiving a variance from any AQCR

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Checklist Item No. 10;
     Not applicable
Checklist Item No. 11;
     YES	AQCR 621.L:  last sentence dealing
                    with reporting frequencies
     YES	see AQCR 701.H
Checklist Item No. 12:
     YES	AQCR 621.H deals with stack heights; also see
                    AQCR 710

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                                                                6

AIR QUALITY CONTROL REGULATION 622:  Petroleum Refinery - Sulfur

Checklist Item No. 1;

     YES. ..... AQCR 622.A, B,  and E

Checklist Item No. 2;

     YES	AQCR 622.A:  "tons in any 24 hr. period"

     NO. .....  AQCR 622.B and C - Ib S/100 Ib S released

Checklist Item No. 3;

     YES	AQCR 622.A - with 24 hr. average

     NO	AQCR 622.A - with 3 hr. average
                                                      N
     NO	AQCR 622.B and C - no averaging specified

Checklist Item No. 4;

     NO	No test methods specified

Checklist Item No. 5;

     NO	AQCR 622.F allows monitoring of parameters
                    from weekly to quarterly

Checklist Item No'• 6t

     NO.	AQCR 622.F - sampling times all greater than
                    24 hrs.

Checklist Item No. 7;

     YES	 AQCR 622.F requires quarterly reporting

Checklist Item No. 8;

     NO	No requirements

Checklist Item No. 9;

     Not applicable - not allowed for; but see AQCR 701

Checklist Item No. 10:

     Not applicable
                                 C-H-H?

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Checklist Item No. 11;
     YES	See AQCR 701.H
Checklist Item No. 12;
     AQCR 622.H deals with stack heights; also see AQCR 710

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                                                                 8
AIR QUALITY CONTROL REGULATION 632 - Sulfur Recovery Plant -
Sulfur

Checklist Item No. 1;

     YES	AQCR 632.A, B, and C

Checklist Item No. 2;

     NO	AQCR 632.A, B, and C - no averaging time
                    mentioned

Checklist Item No. 3;

     NO	AQCR 632.A, B, and C - none specified

Checklist Item No. 4;

     NO. . . . . .  None specified

Checklist Item No. 5:

     NO	AQCR 632.E allows parameter monitoring from
                    weekly to monthly

Checklist Item No. 6:
             *
     NO. .....  AQCR 632.E - sampling frequency > 24 hrs.

Checklist Item No. 7;

     YES.. ....   AQCR 632.E requires quarterly reports

Checklist Item No. 8:

     NO	Not required

Checklist Item No. 9;

     Not applicable - not allowed for; but see AQCR 701

Checklist Item No. 10;

     Not applicable

Checklist Item No. 11:

     YES	See AQCR 701.H

Checklist Item No. 12;

     No stack height rules; but see AQCR 710

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AIR QUALITY CONTROL REGULATION; 651:; Sulfuric Acid Plants  -
Sulfur  (SIP Version)
Checklist Item No. 1;
                    •
     YES	AQCR 651.A, B, C, D, and E
Checklist Item No. 2;
     YES	AQCR 651.A, B, and C - 24 hr. average
     NO	AQCR 651. D - no average given
Checklist Item No. 3;
   .  YES	   with 24 hr. NAAQS
     NO	   with 3 hr. NAAQS
Checklist Itfem No. 4:
     NO	    none specified
Checklist Item No. 5;
     NO	    none specified
Checklist Item No. 6;
     NO	    none specified
Checklist Item No. 6:
     NO. . .  . .    none specified
Checklist Item No. 7:
     NO	    not required
Checklist Item No. 8:
     NO	    not required
Checklist Item No. 9:
     Not applicable - not allowed; but see AQCR 701
Checklist Item No. 10;
     Not applicable

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                                                               10



Checklist Item No. 11:



     YES	see AQCR 701.H



Checklist Item No. 12;



     No stack height regulations; but see AQCR 710

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AIR QUALITY CONTROL REGULATION 651:  Sulfuric Acid Production
Units - Sulfur Dioxide. Acid Mist and Visible Emission (latest
state version)

Checklist Item No. 1:

     YES. ..... AQCR 651.1

Checklist Item No. 2;

     YES	AQCR 651.A, B and C - excess emissions
                    defined in AQCR 651.H.I and H.2

Checklist Item No. 3:

     NO	AQCR 651.H.2 - does not protect 3-hr, average

     YES.^ ....   AQCR 651.H.I

Checklist Item No. 4;

     YES	   AQCR 651.D requires testing as required by
                    NSPS

Checklist Item No. 5:

     YES. . . . 1 . AQCR 651.F - SO2 CEM required

Checklist Item No. 6;

     YES	   AQCR 651.H.I - requires 3-hr, average

     NO	    AQCR 651.H.2 - requires 6-hr, average

Checklist Item No. 7;

     YES	   AQCR 651.H.I and H.2

Checklist Item No. 8:

     NO	AQCR 651. F allows raw data to be kept for 2
                    years
                                 •
Checklist Item No. 9;

     Not applicable - not allowed; but see AQCR 701

Checklist Item No. 10;

     Not applicable

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                                                                12
Checklist Item No. 11;



     YES	see AQCR 701.H
                    •


Checklist Item No. 12;



     Stack height referenced in AQCR 710 for AQCR 651.B

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                                                               13





AIR QUALITY CONTROL REGULATION 652:  Nonferrous Smelters - Sulfur



Checklist Item No. 1;



     YES	AQCR 652.A and B



Checklist Item No. 2;



     YES	AQCR 652.A.I, A.2, A.3, A.4.a



     NO	  AQCR 652.B - no average specified



Checklist Item No. 3;



     YES. ..... AQCR 652.A.2



     NO	AQCR 652.A.3 and A.4



Checklist Item No. 4:



     NO	none specified



Checklist Item No. 5;



     YES	 AQCR 652. C



Checklist Item No. 6;



     YES	.AQCR 652.G.c and G.d



     NO	for new smelters



Checklist Item No. 7;



     YES	AQCR 652.G.2 and G.3



Checklist Item No. 8;



     YES	AQCR 652.G.3



Checklist Item No. 9t



     a.   YES. .  . .AQCR 652.A.3



     b.   YES. .  . .AQCR 652.A.3



     c.   NO. ... none allowed by regulation



     d.   YES. .  .  AQCR 652.C



     Also, see AQCR 701

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                                                                14
Checklist Item No. 10:
     Not applicable '
Checklist Item No. 11:
     YES. . . , . . see AQCR 701.H
Checklist Item No. 12:
     No stack height rule but see AQCR 710

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                                                               15
AIR QUALITY CONTROL REGULATION 679:  Gasification Plants - Gas-

burning boilers - Sulfur Dioxide


Checklist Item No. 1:


     YES	AQCR 679.B


Checklist Item No. 2:


     NO	AQCR 679.A - Ib/MMBTU, no average specified


Checklist Item No. 3;


     NO	no average given


Checklist Item No. 4;


     NO. . . . . .  none specified


Checklist Item No. 5;
                                          •

     NO	no rule given


Checklist Item No. 6;


     NO	none specified


Checklist Item No. 7;


     NO	 .none specified


Checklist Item No. 8;


     NO	no requirements


Checklist Item No. 9;


     Not applicable - none allowed; but see AQCR 701


Checklist Item No. 10;


     Not applicable


Checklist Item No. 11;


     YES.	see AQCR 701.H


Checklist Item No. 12:


     No stack height section but see AQCR 701

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                                                                16
AIR QUALITY CONTROL REGULATION 680:  Gasification Plants -  Sulfur
Checklist Item No* 1;
     YES	AQCR 680.B.3
Checklist Item No. 2;
     NO 	 AQCR 680.A, Ib/MMBTU, no averaging specified
Checklist Item No. 3:
     NO . . . . . .no averaging specified
Checklist Item No. 4:
     NO	none specified
Checklist Item No. 5;
     NO	no rule given
Checklist Item No. 6:
     NO	none specified
Checklist Item No. 7:
     NO	none specified
Checklist Item No. 8;
     NO	no requirements
Checklist Item No. 9:
     Not applicable - none allowed
Checklist Item No. 10;
     Not applicable
Checklist Item No. 11:
     YES	see AQCR 701.H
Checklist Item No. 12:
     No stack height section; but see AQCR 701

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                                REGULATIONS
        Sulfur Dioxide (SO..) Emissions Limitations Survey

              State implementation Plan (SIP)  Review

                    state Rules on so, sources
REGULATION 3.4  (Amended 5/8/87):

             Control of Emissions of Sulfur Compounds
Checklist Item No. 1;

          •    Reg. No. 3.4(b) Existing Equipment covers:

     YES. .-.«.. All kinds of existing SO2 sources.
                    Not approved by EPA.

          •    Reg. No. 3.4(c) New Equipment covers:

     YES	A.   Sulfuric Acid Plants
                    B.   Fuel-Burning Equipment
                    C.   Gas Sweetening and Sulfur Recovery
                         Plants
                    D.   Nonferrbus Smelters
                              - Copper Smelters
                              - Zinc Smelters
                              - Lead Smelters
                    E. .  Paper Pulp Mill

Checklist Item No. 2:

          •    Reg. No. 3.4(b) Existing Equipment

     YES	Average:  5 min. 0.52 ppm
                              1 hr.  0.46 ppm
                              3 hr.  0.25 ppm
                             24 hr.  0.05 ppm
                    Not approved by EPA

               Reg. No. 3.4(c) New Equipment

                    A.   Sulfuric Acid Plants

     YES. .  . •	Average:  2 hrs.

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                    B.    Fuel-Burning Equipment
     YES ...........  Average:  3 hrs.
                    C.    Gas Sweetening & Sulfur Recovery
                         Plants
                         (i)  Natural Gas Processing
     NO ............ None.
                         (ii)  Other Processes (Sulfur Recovery
                              Plant)                        .
     YES ...........  Average:  2 hrs.
                    D.    Nonferrous Smelters
                              - Copper Smelters
                              - Zinc Smelters
                              - Lead Smelters
                                                           *
     YES ...........  Average:  2 hrs.
             •
                    E.    Paper Pulp Mill
     YES ...........  Average:  2 hrs.
Checklist Item No. 3:
          Reg. 3.4(b)  Existing Equipment
     YES ...... .  .  .Secondary - Average:  3 hrs.  0.25 ppm
                         Primary -   Average: 24 hrs.  0.05 ppm
                      •  Not approved by EPA
     •    Reg. No. 3.4(c)  New Equipment
                    A.    Sulfuric Acid Plants
     YES ......... (S&P) Average: 2 hrs.  - 4 Ib/ton of
                         100%
                    B.    Fuel-Burning Equipment
     YES ......... (S&P)  Average:  3 hrs.  - 0.2, 0.8, or 1.2
                         Ib/MMBTU

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                                                                3
                    C.   Gas Sweetening & Sulfur Recovery Plants
                         (i)  Natural Gas Processing
     NO	*	No Average-tons/day or % reduction
                         (ii) Other Processes  (Sulfur Recovery
                              Plant)
     YES	 (S&P) Average: 2 hrs.-20 tons/ton
                              of sulfur
                    D.   Nonferrous Smelters
                              - Copper Smelters
                              - Zinc Smelters
                              - Lead Smelters
     YES	(S&P) Average:  2 hrs. - Ib/hr
                    E.   Paper Pulp Mill
     YES	(S&P) Average: 2 hrs. - 18 Ib/dry ton
                         pulp
Checklist Item No. 4:
          •    Reg. No. 3.4(b) Existing Equipment
     NO	"Appropriate material balances and/or
                    emission factors" and "appropriate
                    atmospheric diffusion estimates or any other
                    suitable method as accepted by the
                    Commissioner."
                    Not approved by EPA.
               Reg. No. 3.4(c) New Equipment
                    A.   Sulfuric Acid Plants
     NO	40 CFR Part 60, Appendix B is stated.
                         No method like an Appendix A Method
                         is used.
                    B.   Fuel-Burning Equipment
     NO	Part 60, Appendix B is stated.
                         No method like an Appendix A Method
                         is used.

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                    C.   Gas Sweetening and Sulfur Recovery
                         Plants

                         (i)  Natural Gas Processing

     NO	"as determined by the Commissioner
                              in accordance with Reg. No. 5.1."

                         (ii) Other Processes (Sulfur Recovery
                              Plant)


     NO	"as determined by the Commissioner
                              in accordance with Reg. No. 5.1."

                    D.   Nonferrous Smelters
                              - Copper Smelters
                              - Zinc Smelters
                              - Lead Smelters

     NO	No test methodology specified.

                    E.   Paper Pulp Mill

     NO.	40 CFR, Part 60, Appendix B is stated.
                         No method like an Appendix A Method
                   ,     is used.
Checklist Item No. 5;
«^^^^^B^H^^^^H_^^^^H^^^M^^^H.H^MI^^^^K^^M^^^HW                                    ^

          •    Reg. No. 3.4(b) Existing Equipment

     NO	No CEM or FSA data is obtained on a
                         continuous basis.

               Reg. No. 3.4(c) New Equipment

                    A.   Sulfuric Acid Plants

     YES	CEM is required for SO2

                    B.   Fuel-Burning Equipment

     YES	CEM is required for SO2,  except where
                         fuel sulfur content is determined

                    C.   Gas Sweetening and Sulfur Recovery
                         Plants

                         (i)  Natural Gas Processing

     NO	"as determined by the Commissioner
                              in accordance with Reg. No. 5.1."

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                          (ii) Other Processes  (Sulfur Recovery
                              Plant)
     NO	*	"as determined by the Commissioner
                              in accordance with Reg. No.  5.1."
                     D.   Nonferrous Smelters
                              - Copper Smelters
                              - Zinc Smelters
                              - Lead Smelters
     YES	CEM is required for SO2
                     E.   Paper Pulp Mill
     YES	CEM is required for SO2
Checklist Item No. 6;
               Reg.  No. 3.4(b) Existing Equipment
     NO	No CEM is required.
          •    Reg.  No. 3.4(c) New Equipment
                     A.   Sulfuric Acid Plants
           »
     YES	2 hr. avg. of CEM data*
                     B.   Fuel-Burning Equipment
     YES. .	3 hr. avg. of CEM data
                     C.   Gas Sweetening & Sulfur Recovery  Plants
                          (i)  Natural Gas Processing
     NO	NO CEM is required.
                          (ii) Other Processes  (Sulfur Recovery
                              Plant)
     NO	No CEM is required.
                     D.   Nonferrous Smelters
                              - Copper Smelters
                              - Zinc Smelters
                              - Lead Smelters
     YES	2 hr. avg. of CEM data

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                    E.   Paper Pulp Mill
     YES ......... 2 hr. avg. of GEM data
Checklist Item No. 7;
          •    Reg. No.  3.4(b) Existing Equipment
                    No specific requirements are in Reg. No.
                    3.4(b).
     YES ...... Format & frequency of reports are in Reg. No
          •    Reg. No.  3.4(c)  New Equipment
                    A.    Sulfuric Acid Plants
                         No specific requirements are in Reg.
                         No. 3.4(c)
     YES ......... Format & frequency are in Reg. No.
                    B.    Fuel-Burning Equipment
                         No specific requirements.
     YES ..... ...  .Format & frequency are in Reg. No.
                    C.    Gas Sweetening & Sulfur Recovery Plants
                         (i)  Natural Gas Recovery
                              No specific requirements.
     YES ........... Format & Frequency are in Reg. No.
                         (ii)  Other Processes (Sulfur Recovery
                              Plant)
                                                               ,•
                              No specific requirements.
     YES ...........  Format & frequency are in Reg. No.

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                    D.   Nonferrous Smelters
                              - Copper Smelters
                              - Zinc Smelters
                              - Lead Smelters

                         No specific requirements.

     YES ......... Format & frequency are in Reg. No.
                    E.   Paper Pulp Mill
              •
                         No specific requirements.

     YES ......... Format & frequency are in Reg. No.
Checklist Item No. 8:

          •   . Reg. No. 3.4(b) Existing Equipment

     YES ...... - No specific requirements are in Reg. No.
                      3.4(b).

                    - Recordkeeping requirements are in Reg. No.
                    - PM emission recordkeeping is not specified
                      in Reg. No. 5.1(b) .

                    - S02,  NOX/ visible  emissions, and fuel
                    sulfur content records are to be  ready for
                    inspection, but recordkeeping duration is
                    not specified.

          •    Reg. No. 3.4(c) New Equipment

     YES ...... Same as Reg. No. 3.4(b) regarding
                    recordkeeping requirements.

Checklist Item No. 9;

          •    Reg. No. 3.4(b) Existing Equipment      i-

     NO ......  No Alternative Approach (AA)

               Reg. No. 3.4(c) New Equipment

     NO ......  No AA.
                                 04-W

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                                                                8
Checklist Item No. 10;
               Reg. No. 3.4(b)  Existing Equipment
     NO	No AA.
          •    Reg. No. 3.4(c)  New Equipment
     NO	No AA.
CHecklist Item No. 11;
          •    Reg. No. 3.4(b)  Existing Equipment
     YES	It appears  that methods of determining
                    violations  are to be determined by the
                    Commissioner.
          •    Reg. No. 3.4(c)  New Equipment
                    A.   Sulfuric  Acid Plants
     NO	No Commissioner's discretion.
                    B.   Fuel-Burning Equipment
     NO	On all, except sulfur content of fuel.
     YES	  On method of analysis of sulfur content
                         of fuel.
                    C.   Gas Sweetening and Sulfur Recovery
                         Plants
                         (i)  Natural Gas Processing
     NO	On all, except emission monitoring
     YES	When emission monitoring is
                             required.
                         (ii) Other Processes (Sulfur Recovery
                             Plants)
                             Same as (i),  above.
                    D.   Nonferrous Smelters
                             - Copper Smelters
                             - Zinc Smelters
                             - Lead Smelters
     NO	No Commissioner's discretion.

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                    E.   Paper Pulp Mill
     NO	 No Commissioner's discretion.
Checklist Item No. 12;
          •    Reg. No. 3.4 Control of Emission of Sulfur
                            Compounds
     UNKNOWN. ... No mention of stack heights in Reg.  No.  3.4.
               Reg. No. 1.4   Air Resources Management/Permits
                              Required (5/18/83)
     UNKNOWN. . . . Stack heights are permitted in Reg.  1.4.2,
                    but a post-1985 Regulation was not  found.
                                C-H-

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MEMORANDUM
SUBJECT:  Enforceability Review of Region 7 Sulfur Dioxide
          State Implementation Plans

FROM:     Jon Knodel
          Air Compliance Section

TO:       Wayne Kaiser
          Air Planning Section


     In accordance with the Office of Air Quality, Planning, and
Standards (OAQPS) request to review sulfur dioxide (SO2) State
Implementation Plans (SIPs), attached are recommendations to
improve the enforceability of the Region 7 SO, SIPs.  The review
was completed using the criteria listed in Attachment 1.  As
indicated in the OAQPS background documents, the intent of the
review was to identify deficiencies that adversely affect the
enforceability of the rule; not to evaluate whether SO2 emission
limitations are adequate to protect the National Ambient Air
Quality Standards (NAAQS) or whether additional S02 controls are
necessary.

     Rather than list each of the state-specific SO2 requirements
and answer each of the twelve questions for each rule, the
recommendations focus on those rules that present enforceability
problems.  If you have any questions, please give me a call or
drop by.

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     In general, the Iowa SO2 SIP rules are enforceable.

  -  The SIP clearly defines all affected equipment and emission
limitations for affected equipment.  However, the state should
revise sections 23.3(3)(a)(3) and  (4), and 23.3(4) to clarify
that new sources subject to NSPS Subparts Db and DC must meet the
NSPS SO, standards, not the 6 pound SO2/MMBTU limit set forth in
23.3(3)(a)(3).  These corrections should be made when the state
formally adopts NSPS Subparts Db and DC.

  -  The SIP clearly states averaging times that are consistent
with NAAQS averaging times.

     Sampling methods are specified in the Department's
"Compliance Sampling Manual" adopted by the Commission on May 19,
1977.  Minor corrections have been made to EPA's reference
methods since 1977  and  should be incorporated in the Iowa
sampling manual.  Iowa  should consider referencing the NSPS
reference methods directly, or periodically update its sampling
manual.  In addition, the state should update the SIP to
reference'the latest update of the sampling manual.  Reference
methods provide emissions data consistent with the averaging
times  set  forth in  the  SIP.

  -  The Iowa SIP does  not specify continuous compliance
'monitoring requirements.  However, Iowa's CEMS requirements are  i
consistent with 40  C.F.R. Part 51, Appendix P.  Since the state
has no existing SIP boilers controlling SO2 with flue gas
desulfurization equipment, SO2 CEMS are not required, and
therefore  no rule has been adopted.

     The state  should consider revising Chapter 25 to require
expanded use of CEMS, mandatory recordkeeping, and periodic
reporting  at all major  SO2 emitting facilities, consistent with
the compliance  certification and expanded monitoring provisions
of the 1990 Clean Air Act.   In the absence of CEMS, sources
should periodically (at least annually) be required to conduct a
compliance test using approved reference methods, and to
continuously record process  and control equipment parameters to
provide  an indicator of continuing compliance.

   - While  the  Iowa  SIP  doesn't require source owners and
operators  to maintain records or to report compliance data to the
regulatory agency,  the  SIP authorizes the director to require
such  activities if  requested in writing.  Specific recordkeeping
and reporting requirements can be  required through the pre-
construction permitting process.

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  -  The SIP provides procedures allowing a source to seek
approval of an alternate emission limit, but SIP language
explicitly states that the limit would have to be submitted to
EPA and approved as part of the SIP.  The Iowa SIP does not
presently contain any source specific alternate emission S02
limits.  Director discretion, in general, does not appear to be a
problem in the Iowa SIP.

  -  Section 24.1(1) provides an exemption for S02 exceedances
during periods of startup, shutdown, and malfunction;
inconsistent with the excess emission approach taken in NSPS
Subparts D, Da, Db, and DC.  The state should clarify the excess
emission provisions' in Chapter 24 to apply only to existing
sources, or more appropriately, only to particulate matter
(opacity) excess emissions.

  -  There are no SOo-related provisions in the federally
approved Linn and Polk county rules.

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Kansas

  In general, the Kansas SIP presents several enforceability
challenges.

  -  While applicability criteria appear to be clearly stated in
early sections of the SIP, they are muddied in later exemptions
found in the federally approved SIP.  For example, in 28-19-
31(C), the SIP requires all indirect heating equipment with a
heat input of 250 MMBTU per hour or greater to limit sulfur
emissions to less than 1.5 pounds sulfur per MMBTU.  However, in
28-19-32(0), a source is exempted from the SO2 control
requirements if 1)it limits annual emissions below two times its
baseline SO2 emissions in 1971, or 2) if it combusts other than
natural gas less than 2000 hours per year.

     The state never established 1971 baseline emissions for
affected facilities, nor established recordkeeping or reporting
requirements for sources using the "2,000 hours" exemption
criteria; complicating applicability determinations.  Further,
the "on-off" nature of the rule is inconsistent with continuous
short term protection of the NAAQS.  The exemption provisions
allow a source to burn any fuel type or fuel quality during
exempt periods, resulting in SO2 emissions that may or may not
protect the NAAQS.

     The exemptions in 28-19-32(D) have been hotly contested in
recent enforcement actions involving the Board of Public
Utilities, Kansas City Power and Light - LaCygne, and Empire
District - Riverton.  The state should eliminate the exemption
provisions from the federally approved SIP and establish specific
SO2 emission limits for individual sources or source categories.

  -  Averaging times are not explicitly stated for any of the S02
emitting equipment listed in the SIP, including sulfuric acid
plants  [29-19-22(A)],  primary nonferrous smelters  [28-19-22(B)],
and indirect heating equipment  [28-19-31(C)].  It is not clear if
averaging times are continuous, or are presumed to be the
duration of the reference test method  (e.g., three hours for a
RM-6  test).  The  sections listed above should be revised to
include an explicit averaging time;  an averaging time consistent
with  protection of the SO2 NAAQS  (3-hour, 24-hour, and annual).

  -   Testing methodologies are  not  specified in the SIP  (except
for NSPS sources).  Section 28-19-12 gives the state generic
authority  to require testing using methods "approved by the
Director as  being in accordance with sound analytical and
sampling procedures".  EPA, however, generally only recognizes
test  methods included  in 40 C.F.R.  Part  60, Appendix A  (NSPS) or
other test methods  specifically referenced or drawn out  in the
 federally  approved SIP.   The  state  should consider revising
 28-19-12 to incorporate  the NSPS  reference methods by reference.
The state  should also  consider revising  the testing section  to
give  the department expanded  authority to require testing at any
 time; not  just for cause or during an  initial performance

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demonstration.  Compliance certification and expanded monitoring
requirements under the Titles 5 and 7 of the 1990 Clean Air Act
will likely require revision of 28-19-12 to make it consistent
with the Act.

  -  When establishing revised limits for indirect heating
equipment, the state should specify the emission limitation in
terms of pounds sulfur dioxide per million-BTU heat input rather
than pound sulfur per million-BTU heat input.  CEMS and EPA's
reference methods traditionally measure SO2/ not sulfur.

  -  Kansas has adopted S02 CEMS requirements consistent with
Part 51, Appendix P.  The rule [28-19-19] sets forth monitoring,
recordkeeping, and reporting requirements necessary for
determining compliance on a continuous basis from indirect
heating equipment with a heat input of 250 MMBTU/hour or greater
that use flue gas desulfurization equipment to control SO2
emissions.  Further, the rule specifies a three hour averaging
time for sources subject to the CEMS requirements; clarifying the
"silence" on averaging time in the generic SIP.  The three hour
standard is consistent with the SO2 NAAQS averaging time.

     However, because the CEMS requirements apply to only one
utility, compliance at other SO2 sources cannot realistically be
determined on a continuous basis.  The state should consider
revising 28-19-19 to require expanded use of CEMS, mandatory
recordkeeping, and periodic reporting at all major SO, emitting
facilities, consistent with the compliance certification and
expanded monitoring provisions of the 1990 Clean Air Act.  In "the
absence of CEMS, the state should requires sources to
periodically  (at least annually) conduct a compliance test using
approved reference methods, and to continuously record process
and control equipment parameters to provide an indicator of
continuing compliance.

  -  The Kansas SIP doesn't appear to have any director
discretion issues other than those described above  (test
methods).

  -  Although the S02-related provisions in the Kansas SIP are
based  in  large part on ambient monitor data collected in the
Kansas city area, the Kansas City Wyandotte County Ordinance does
not contain any federally enforceable SO2 rules.  When the state
develops  source-specific or source-category SO2 emission
limitations, the local agency should consider adopting and
enforcing the standards.

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MISSOURI


     For the most part, the Missouri SO, SIP is enforceable.
However, the fragmentation of the rule  (different rules for
different geographical areas) complicated review, and in turn
complicates the enforceability of the rules.  The Missouri SIP
could be greatly simplified by consolidating all of the source-
specific emission limitations, test methods, monitoring
requirements in the different geographical areas into one or two
concise sections.

     Source applicability  (as well as exclusion) is well defined,
in particular, for "named" sources.

  -  Averaging times accompany emission limitations and are
consistent with the NAAQS  averaging times with the following
exceptions:

     -  Ambient-like air standards found in Sections 10 C.S.R.
        10-3.100(3)(A)(1)  and  (2),  (4)(A), 10 C.S.R. 10-4-
        150(3)(A) and  (B), 10 C.S.R. 10-5.150(2)(A) and  (B) don't
        have any averaging times listed.  It's unlikely that EPA
        Region 7 would approve the rule, in any case, because the
        agency doesn't traditionally enforce ambient standards.
        However, the state should clarify the rule by adding the
        appropriate averaging time or specify that the limits are
        instantaneous and  never to be exceeded.

     -  The SO2 emission limitation for the Union Electric  -
        Sioux and Labadie  plants are averaged on a 24-hour  basis
         [10 C.S.R.  10-5.110(2)(B).  While the 24-hour averaging
        period is consistent with the NAAQS standards, it's not
        clear whether the  emission  limit and averaging time
        protect the short  term 3-hour SO2 standard.  NOTE:  Since
        compliance  is determined with CEMS, the enforceability of
        the rule remains intact; the inconsistent averaging time
        appears to  be  a planning  issue.

   - Test methods are  consistent with EPA recognized test methods
 and, in conjunction with the  listed averaging times, are capable
 of providing  data necessary to make a  compliance determination.

   - The  Missouri SIP, with  limited exceptions,  does not provide
 for continuous compliance  monitoring,  recordkeeping, or  reporting
 of excess emissions.   However, the  state's  CEM rules are
 consistent with  40  C.F.R.  Part 51,  Appendix P.   As mentioned  in
 the Iowa and Kansas SIP reviews,  the state  should consider
 revising the Missouri  SIP  to require expanded use of CEMS,
 mandatory recordkeeping, and periodic  reporting  at all major  SO2
 emitting facilities, consistent with the compliance certification
 and expanded monitoring provisions  of  the  1990 Clean Air Act.   In
 the absence of CEMS, sources should periodically (at  least        A
 annually) be required  to conduct  a  compliance test using approved^
 reference methods,  and to  continuously record process  and control
                             t-s-b

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equipment parameters to provide an indicator of continuing
compliance.

     While the Missouri SIP specifies an EPA approved reference
method in 10 C.S.R. 10-3.100 for measuring SO2 emissions from
primary lead smelters [Asarco-Glover, AMAX-Boss, and St. Joe
Lead-Herculaneum] the frequency of measurement to ensure
continuous compliance appears inappropriate; given the level of
allowable emissions.  Asarco-Glover, at its current allowable,
can emit up to 92,225 tons SO2 per year; higher than any single
Phase I acid rain-affected unit.  Although not required by
Appendix P, it seems appropriate that the state require primary
smelters to install GEMS to verify continuous compliance.  If the
state opts not to require GEMS, EPA should seriously consider
requiring installation of GEMS using its authority under Section
114 of the Act.

  -  Section 10 C.S.R. 5.110(2)(C)(2) provides a shield from
enforcement for the Union Electric Labadie and Sioux plants that
allows the utilities to exceed specified SO2 emission limitations
up to 20 percent on up to three days per month.  The exemption is
not consistent with good engineering practice to minimize
emissions,' does not ensure protection of the 3-hour or 24-hour
NAAQS standards on the excess emission days, and is inconsistent
with EPA's "S02 Continuous Compliance" policy.  The state should
consider deleting the shielding provision and instead use
enforcement .discretion when reviewing excess emissions reported
by the utilities.

  -  The Missouri SIP doesn't appear to raise any director
discretion issues for SO2-emitting sources.

  -  The St. Louis City, St. Louis County, Kansas City, and
Springfield-Greene County regulations all contain SO2-related
rules.  A cursory review of the rules didn't reveal any major
discrepancies between local and state rules that would impact
EPA's ability to enforce the rules.

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NEBRASKA

     In general, the Nebraska SO2 SIP appears to present some
enforceability problems combustion equipment.  EPA has not
attempted to enforce the SO2 regulations during the past several
years, but based on similar problems encountered in Kansas, would
expect difficulty determining compliance at Nebraska SO2 sources.

  -  The Nebraska SIP establishes a SO2 emission limit and
averaging time for existing fuel burning equipment, but
complicates the compliance determination.  Heat input for
combustion sources is determined from the aggregate of all fuel
burning equipment on the premise.  Subsequently, all fuel burning
equipment must be tested to determine compliance with the "plant-
wide" S02 emission limitation.  Routine, or even periodic
compliance determinations (using SIP approved test procedures)
can be expensive, and in some cases impracticable for sites with
more than two or three combustion units.  Further, the rule
provides a heat input credit from combustion units burning
natural gas; a "clean" fuel with little or no potential to
produce SO2 emissions.  The state should establish source-
specific or source-category S02 emission limitations, using only
the heat input contribution from sulfur bearing fuels.

-    Chapter 19  (Emission Sources, Testing, Monitoring)

     The state should also consider revising the testing section
to give the department expanded authority to require testing at
any time; not just for cause or during an initial performance
demonstration.  Compliance certification and expanded monitoring
requirements under the Titles 5 and 7 of the 1990 Clean Air Act
will  likely require revision of Rule 10 to make it consistent'
with the Act.

  -  The Nebraska SIP does not specify continuous compliance
monitoring requirements for SO2 but gives the director authority
to establish continuous monitoring and reporting requirements.
Nebraska's CEMS requirements are consistent with 40 C.F.R. Part
51, Appendix P.  Since the state has no existing SIP boilers
controlling SO2 with flue gas desulfurization equipment, SO2 CEMS
are not required, and therefore the state has not adopted'a S02
CEMS  rule.

      The state should consider revising Chapter 19, 006 to
require expanded use of CEMS, mandatory recordkeeping, and
periodic reporting  at all major SO, emitting facilities,
consistent with the compliance certification and expanded
.monitoring provisions of the  1990 Clean Air  Act.   In the absence
of  CEMS,  sources should periodically  (at least annually) be
required to  conduct a compliance test using  approved reference
methods,  and to continuously  record process  and control equipment
parameters to provide an  indicator of continuing compliance.

   -  No director discretion issues  (other  than  specifying  test
 methods)  were found.
                               £-5-6"

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  -  No attempt was made to review the Lincoln-Lancaster or Omaha
Air Pollution Control Ordinances.

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                        Attachment  1


   Criteria for Enforceability Review of Region 7 SO2 SIPs


1.  Does rule clearly specify sources subject to rule?

2.  Does rule clearly specify applicable averaging time
    associated with -emission limitations?

3.  Is averaging time in rule consistent with protection of the
    NAAQS ,(e.g. 3-hour or 24-hour average, dependent on controlling
    standard)?

4.  Does rule have compliance test methodologies consistent
    with the averaging time and units of the applicable
    emission limitations  (e.g. if rule specifies Ib/hour
    limitations based.on  1-hour average, the compliance method
    must be capable of calculating and reporting Ib/hour values)?

5.  Does rule have a means of determining compliance/excess
    emissions on a continuing basis (e.g., if Reference Method
    6 is the specified reference test method, then the GEMS of
    FSA  (fuel sampling and analysis) data must also be
    determined on a continuing basis)?

6.  Is the averaging time of the rule's continuous compliance
    monitoring and reporting methodology consistent with
    protection of NAAQS?

7.  Does rule specify requirements  to report compliance data to
    regulatory agencies,  including  format and frequency-of data
    reporting  ( e.g., quarterly reports of 3-hour average
    excess emissions)?

8.  Does rule contain clear requirements  for compliance data
    recordkeeping .and retention  (e.g., all emission data,
    recorded in units of  the standard, must be retained on site
    and  be made available to regulatory agency inspectors; data
    must be retained for  at least 3 years)?

9.  If the rule contains  an alternate approach  (or alternate
    emission limit  such as a matrix or possible  emission  limits
    for  a series of affected sources addressed in the rule):
     (a)  is  it  clear which limits apply to each affected source
    prior to the timeframe in  question;  (b)  is it clear that
    such limits, once selected, apply to  each source for  the
    entire  duration of the reporting period;  (c) does it
    require source  notification or  request from  the agency
    prior to the effective timeframe; and (d) does it require
    GEMS (or some other  continuous  monitoring system), which
    are  always available, to  assure acquisition  of sufficient
    data to determine each source's compliance status under all
    alternative conditions?

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10. If the rule contains an alternative approach which
    contains features other than alternative emission limits
    (e.g., load derating),  does it clearly state the method of
    determining compliance on a continuing basis (e.g.,
    reporting hourly MW load or steam flow)?

11. Does the rule contain director's discretionary authority?
    Director's discretion should be highlighted and disapproved
    in accordance with forthcoming guidance.

12. Section 123 deficiencies; including compliance with the
    1985 regulations, sources affected by the remand and ICS.
                             C- 5- H

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           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                            REGION VI

                     999 18th STREET - SUITE 500

                  DENVER, COLORADO  80202-2405

                           MAR U I99I
Ref: 8AT-AP

MEMORANDUM

TO:       Eric Ginsbiirg, Chief
          Sulfur Dioxide Programs Section, AQMD (MD-15)

FROM:     Marius Gedgaudas, Chief
          SIP/Permits Section

SUBJECT:  Sulfur Dioxide Regulation Enforceability Reviews

     Enclosed are the final versions of the Region VIII
enforceability reviews for the sulfur dioxide regulations of the
respective states of Colorado, Montana, North Dakota, South
Dakota, Utah, and Wyoming.  Draft versions of these reviews were
sent to Laura Mckelvey of your staff on February 20, 1991.

     These final reviews were sent to the respective State Air
Directors on March 8, 1991.  In our cover letters to the states,
we noted that director's discretion provisions were not evaluated
in these reviews, since EPA guidance on evaluating such
provisions has not been finalized.  Also, for the two states with
outstanding stack height issues, namely Montana and Utah, we
noted that deficiencies in stack height provisions would be
addressed through separate correspondance.

     We have requested that the Region VIII states review and
comment upon our findings, and submit a schedule for correction
of the regulations to us as soon as possible, but no later than
the dates specified in the FY91 State-EPA Agreements.  Therefore,
we expect to have such schedules by June 30 of 1991 for Utah,
South Dakota, and Wyoming, and no later than September 30, 1^91
for Colorado,Montana,and North Dakota^"~—

     It is our understanding that these deficiencies will be
compiled in a "Yellow Book", similar to the "Blue Book" which was
developed for the Ozone SIPs.  As my staff has stated to you •
earlier, it is our preference that the Yellow Book only identify
generic deficiencies, as did the Blue Book, rather than list
specific deficiencies for each state.  We would prefer to give
our states an opportunity to review our comments,  prior to
publishing them on a nationwide basis.

     Please feel free to call Mindy Mohr of my staff at
FTS 330-7539 with any comments or questions regarding the
attached material.

Enclosures (6)

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                      ENFORCEABILITY REVIEW
                               OF
               COLORADO SULFUR DIOXIDE REGULATIONS


Checklist Item (1):   Are the sources subject to S02 regulation
clearly specified in the SIP?

      Applicable
      State Reg.         EPA Comment

      1.VI.B.I          No.  The definition of "new" source is
                        not clear.   The exact applicability date
                        of 9/11/77  must be used,  rather.than the
                        phrase "prior to the 1977 effective date
                        of this amended regulation".  Also, the
                        definition  contradicts itself for
                        modified sources, for those instances
                        where a source obtained an initial
                        construction permit prior to 9/11/77, but
                        received a  modification permit after that
                        date.  It appears that such a source
                        would be both subject to, and exempt
                        from, this  regulation.  To clarify
                        applicability, since the definition of
                        "new source" is already clearly stated in
                        regulation  1.I.G, EPA recommends deleting
                        the definition from 1.VI.B.I and simply
                        indicating  the exact applicability date
                        of 9/11/77.

      1.V1.A.2          No.  This regulation must state that it
                        pertains only to sulfur dioxide ambient
                        standards (i.e., not to any other
                        pollutants), and only to the sulfur
                        dioxide process-based emission standards
                       "found in Regulation 1.VI.  This is parti-
                        cularly important to clarify, since the
                        Colorado air regulations do not define
                        the phrase  "process based emission
                        standard".   Also, the regulation must
                        specify whether the three-tons-per-day
                        exemption level pertains to: (a)
                        potential uncontrolled S02 emissions, or
                        to (b) potential controlled S02
                        emissions,  or to (c) actual S02
                        emissions.
                                 . 1

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Checklist Item  (1)  (continued)

      Applicable
      State Reg.        EPA Comment

      1.VI.A.3          No.  The phrase "cause to be emitted" has
                        no clear meaning.  EPA recommends instead
                        the phrase "emits or may emit", which is
                        found in the general definitions section
                        of the Colorado air regulations (under
                        the definition of "stationary source").

      1.VI.A.3.d        No.  The use of the term "source" leaves
      1.VI.B.4.d        it unclear whether applicability of these
                        regulations is to be determined on a
                        plantwide basis, or for each individual
                        stack.  This must be clarified.  (NOTE:
                        The term "source" is not defined in
                        Colorado air regulations.  The term
                        "stationary source" is defined, but in
                        terms of a "building, structure, facil-
                        ity, equipment, or installation, or any
                        combination thereof belonging to the same
                        industrial grouping".  This term does not
                        clarify applicability of this regula-
                        tion. )

      1 .VI.A.3.a,b,c    No.  Similar to the comment directly
      1 .VI.B.4.a,b,c    above, it is not clear if applicability
                        of these regulations is to be determined
                        plantwide, or for each individual boiler
                        or furnace.  This must be clarified.
                        Also, for determining applicability
                        cutoff size based upon heat input, the
                        regulation should clarify that this is
                        based upon "manufacturer's or designer's
                        'guaranteed maximum heat input rate".

      1.VI.A.3.6        No.  It is unclear whether or not the
                        regulation pertains to each emission
                        point individually, or to the refinery as
                        a whole.  If the latter is the intent of
                        the regulation, then this must be
                        clarified by incorporating the same
                        phrase as is .found in regulation
                        1.VI.B.4.e, namely, "for the sum of all
                        S02 emissions from a given refining
                        facility".  The State should also add a
                        definition of "facility" to Section
                        I.I.G. of the regulations, or use another
                        term in 1.VI.A.3.6, such as "refinery".

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Checklist Item (2):  Are the averaging times for the S02 emission
limits clearly specified in the SIP?

      Applicable
      State Reg.     .   EPA Comment

      1.VI.A.I          Yes, for sources using CEM; however, no
                        averaging time is specified for sources
                        using fuel sampling.  To be consistent
                        with protection of the 3-hour S02 NAAQS,
                        EPA considers the maximum acceptable
                        averaging time to be a 3-hour averaging
                        period for fuel sampling.  Also, the
                        regulation must specify whether emission
                        rates are to be averaged on a block or on
                        a rolling basis.

      1.VI.B.2          Not fully adequate.  Although this
                        regulation appears to be based on a . •
                        rolling average (since it states that
                        "any three-hour average of emission rates
                        which exceeds these standards is a
                        violation of this regulation"), the
                        regulation must clearly specify if   .  "
                        emissions are to be averaged' on a block
                        or on a rolling basis.


Checklist Item (3);  Are the averaging times for S02 emission
limits consistent with the S02 NAAQS?

      Applicable
      State Reg.        EPA Comment

      1.VI.A,B          No, for sources using fuel sampling.  As
                        stated above, to be consistent with
                       •protection of the 3-hour S02 NAAQS, EPA
                        recommends a 3-hour averaging time or
                        shorter for fuel sampling.  Also,  the
                        regulation must specify whether emission
                        rates are to be averaged on a block or on
                        a rolling basis.
                                c _(«-

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Checklist Item  (4):  Are the S02 compliance test methods
consistent with the S(>2 emission limits?

      Applicable
      State Reg.        EPA Comment
      1.VI.A •        '   No.  For compliance determinations, the
      1.VI.B            regulations must specify test methods for
                        determining the sulfur content and the
                        BTU content of fuels.  For sulfur content
                     ... -  in coal, EPA suggests ASTM Methods D3177-
                        75 or D4239-85; for sulfur content in
                        oil, ASTM Methods D2880-71 or D4294-89;  *
                        and for sulfur content in natural gas,
                        ASTM Methods D1072-56, D3031-81, D3246-
                        81, D4084-82, or continuous H2S
                        monitoring in the fuel gas line.  For
                        gross calorific (or BTU) content-of coal,
                        EPA suggests ASTM Methods D2015-77 or
                        D3286-85.  Also, the regulations must
                        specify whether the BTU content is based
                        on the lower or on the higher (gross)
                        heating value of the fuel.

      1.VI.A.3.a,b,c    No.  The emission limits must be
      1.VI.B.4.C        expressed per million BTU of•heat input.
                        The phrase "of heat input" was left out.

      1.VI.A.3.d        No.  The phrase "per 1,000 cubic feet of
      1.VI.B.4.d        gas delivered" must specify whether this
                        is actual or standard cubic feet.

      1.VI.C            No.  This regulation states that
                        performance tests may be required only
                        for "fuel-burning equipment", which
                        therefore exempts some of the facilities
                        listed under 1.VI.A and 1.VI.B, such as
                       • natural gas desulfurization equipment and
                        sulfuric acid plants.  This therefore
                        circumvents the enforceability of 1.VI.A
                        and 1.VI.B, and contradicts the State
                        authority allowed under regulation
                        1.II.C.I.  Also, regulation 1.VI.C does
                        not give the State the option of
                        requiring any appropriate Reference
                        Methods for S02/ just Reference Method 8.
                        To solve these problems, EPA recommends
                        that the State replace the phrase "fuel
                        burning equipment" in 1.VI.C with
                        ""facility subject to the emission
                        standards under Section VI", and require
                        the appropriate Reference Methods for
                        testing.

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Checklist Item (5):  Does the SIP require continuous S02
compliance determination for 40 CFR Part 51, Appendix P sources?

      Applicable
      State Reg.        EPA Comment

      1.IV.A - I        No.  These regulations require S02 CEMs
                        only for "existing" Appendix P sources/
                        not for "new" sources.  The SC>2 CEM
                        provisions of 40 CFR Part 51, Appendix P,
                        must be. incorporated into Colorado
                        regulations, for all applicable Appendix
                        P source categories, which includes both
                        "existing" and "new" sources.

Checklist Item (6):  Is the averaging time of continuous S02
compliance monitoring/reporting consistent with the S02 NAAQS?

      Applicable
      State Reg.        EPA Comment

      1.IV.      '      No.  The regulation must require that the
                        averaging periods used for data reporting
                        correspond to the averaging periods in
                        the emission standards (which EPA recom-
                        mends be consistent with the SOo NAAQS,
                        as mentioned in checklist item (3)
                        above).


Checklist Item (7);  Are compliance reporting requirements for
S02 included in the SIP?

      Applicable
      State Reg.        EPA Comment

      1.VI.             No.  These regulations do not require
                        compliance reporting.  The regulations
                        must specify a format and frequency for
                        reporting of compliance status.  This
                        applies both to CEMs and to fuel
                        sampling.  (For CEM sources, the
                        regulation may simply reference Section
                        1.IV, which specifies the format and
                        frequency for reporting of CEM data. )

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Checklist Item (8):  Are S02 compliance data recordkeeping and
retention requirements included in the SIP?

      Applicable
      State Reg.        EPA Comment

      I.Vi.             No.  The regulation must require
                        compliance data recordkeeping and data
                        retention.


Checklist Item (9):  Are alternative approaches for S02
regulation clear and enforceable?

      Applicable
      State Reg.        EPA Comment

      N/A

Checklist Item (10);  Do alternative approaches for S02
regulation require continuous compliance determination?

      Applicable
      State Reg.        EPA Comment

      N/A


Checklist Item (11):  Do the S02 regulations.contain (and/or
appropriately describe) the State air director's discretionary
authority?

      Applicable
      State Reg.        EPA Comment

      To be deter-      These are provisions which allow the
      mined            'Director of the Colorado Air Pollution
                        Control Division (or appropriate
                        designee) to approve alternatives to the
                        basic provisions of the State air
                        regulations without regulatory process
                        involving EPA.  Although some of these
                        provisions may not have the potential to
                        change the stringency of the applicable
                        emission limitations,  other provisions
                       • do.  EPA is developing guidance to
                        address these provisions.   EPA will
                        comment upon such provisions when this
                        guidance is finalized.

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Checklist Item (12);  Are there any stack height (CAA Section
123) deficiencies?

      Applicable
      State Reg.        EPA Comment

      3.XII.C           No deficiencies.
General Comment:

      Regulations for combustion sources under Section 1.VI
should address procedures to be followed for sources using
mixtures of fuels (i.e.  coal/oil,  oil/gas, coal/gas and
coal/oil/gas).  These procedures must specify averaging times
which protect the S02 NAAQS (EPA recommends 3-hour averaging
time), require S02 CEMs  where appropriate, and require
recordkeeping.

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                      ENFORCEABILITY REVIEW
                               OF
               MONTANA SULFUR DIOXIDE REGULATIONS


Checklist Item (1 ):  Are sources subject to S02 regulation
clearly specified  in the SIP?

      Applicable
      State Reg.        EPA Comment

      16.8.141l(6)(a)   No.  The regulation must specify whether
                        the 1 MMBtu/hr exemption applies to a
                        single emission point or to the whole
                        plant.  The term "facility", which is
                        used in this regulation, is not defined
                        anywhere in the Montana Air 'Quality
                        Regulations.  "Facility" should be
                        defined, or else another term (such as
                        "source") used instead.

      16.8.1411(5)(b)   No.  The regulation must make it clear
                        whether or not the term "incinerators",
                        as it is used in this  regulation,
                        includes flares, as well as combustion
                        units designed to oxidize H2S to S02,
                        such as those located downstream of
                        sulfur recovery units at refin'eries and
                        natural gas processing plants. Similarly,
                        it must be made clear whether or not the
                        term "waste gases", as it is used in this
                        regulation, is intended to include the
                        exhaust from flares and sulfur recovery
                        unit combustors.

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Checklist Item (1)  (continued)

      Applicable
      State Reg.         EPA Comment

      16.8.1411 (6) (b)'   Not adequate.   The term "mixing" must be
                        defined.   It is not clear whether or not
                        physical  mixing of two fuels is required
                        for this  exemption, or just sequential
                        mixed usage (e.g., using coal one day,
                        oil the next).   Also,  it is not clear
                        whether or not  the exemption only applies
                        to physically mixing two fuels in the
                        same phase (e.g.,  two liquids) or to
                        other mixtures  as  well (coal/oil,
                        coal/gas,  oil/gas, and coal/oil/gas).
                        Also, it  is not clear whether a
                        combustion device  that can burn a mixture
                        of both oil and gas would be subject to
                        the emission limit under 16.8.1411(4), or
                        to the emission limit under 16.8.1411(5),
                        or to both.

      16.8.1412          Not adequate.   The regulation must make
                        it clear  what types of sources and what
                        pollutants are  being regulated.  The
                        heading of the  regulation is "Sulfur
                        Oxide Emissions — Primary Copper
                        Smelters", but  the emission limits shown
                        in Figure 1 under  that regulation are for
                        reduced sulfur  from smelting of copper,
                        zinc and  lead,  as  well as slag treatment.
                        (NOTE:  Figure  1  is not referenced in
                        regulation 16.8.1414 on lead and zinc
                        smelters.)  Also,  reduced sulfur is not
                        defined anywhere in the Montana Air
                       -Quality Regulations.

      16.8.1412(1)       Not adequate.   The term copper smelting
                        "operation" must be defined.  In
                        particular, it  must be made clear whether
                        or not "operation" includes each roaster,
                        smelting  furnace,  copper converter,
                        and/or other associated process
       i-                equipment.

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Checklist Item  (1)  (continued)
      Applicable
      State Reg.

      16.8.1412(2)
      16.8.1413

      16.8.1414
EPA Comment

Yes, but may not be adequate for certain
applications.  It appears that not all
scenarios for process/stack
configurations are addressed.  For
example, the regulation does not address
the possibility of exhausts from multiple
processes mixing, and then being
exhausted through multiple stacks.  If
the State wishes to include this type of
regulation, all potential scenarios must
be addressed for completeness.

Yes.

Yes.
Checklist Item (2):  Are the averaging times for S02 emission
limits clearly specified in the SIP?
      Applicable
      State Reg.

      16.8.1411
      1618.1412
EPA Comment
          *
No.  Averaging times must be speci-r
fied for the emission limits in each of
these regulations, to protect the 3-hour
S02 NAAQS.  For sulfur content in fuel
(which EPA interprets as an emission
limit), EPA considers a 3-hour averaging
period as the maximum acceptable
averaging period.  For reduced sulfur or
sulfur oxide emissions from primary
copper smelters, EPA considers a 6-hour
average, as specified in 40 CFR Part 60,
Subpart P, to be the maximum acceptable
averaging period, and strongly recommends
continuous emission monitoring for
tracking compliance, also as specified in
NSPS.  The regulations must also specify
whether the averaging period is to be
calculated on a fixed (i.e., block) basis
or on a rolling basis.

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Checklist Item (2) (continued)

      Applicable
      State Reg.        EPA Comment

      16.8.1413      '   Yes, but not adequate.  While the
                        averaging periods for emission limits at
                        kraft pulp mills are specified in the
                        regulation, those periods must be
                        shorter.  See checklist item (3) below
                        for further discussion.

      16.8.1414         Yes, but not adequate.  While the
                        averaging periods for emission limits at
                        lead and zinc smelters are specified,
                        those periods must be shortened.  See
                        checklist item (3) below for further
                        discussion.


Checklist Item (3):  Is the averaging time for S02 emission
limits consistent with the S02 NAAQS?

      Applicable
      State Reg.        EPA Comment

      16.8.1411         No.  As mentioned under checklist
      16.8.1412         item (2) above,  for protection of the 3-
                        hour S02 NAAQS,  the regulations must
                        specify no greater than a 3-hour
                        averaging period for sulfur content in
                        fuel (which EPA interprets as an emission
                        limit)., and no greater than a 6-hour
                        averaging period for primary copper
                        smelters (as in NSPS).  Also, the
                        regulations must specify whether
                       •emissions will be averaged on a block or
                        rolling basis.

      16.8.1413         No.  For protection of the 3-hour SC>2
                        NAAQS, the averaging period for kraft
                        pulp mills must be shortened.  EPA
                        considers a rolling 12-hour average, as
                        specified in 40 CFR Part 60, Subpart BB
                        (NSPS), to be the maximum acceptable
                        averaging period.  A period shorter than
                        12 hours should be specified in State
                        regulations, where reasonable.

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Checklist Item (3)  (continued)

      Applicable
      State Reg.        EPA Comment

      16.8.1414      "   No.  The tons-per-six-hour and tons-per-
                        day averages, listed in the regulation
                        for sulfur oxide emissions from primary
                        lead and zinc smelters/ are not adequate
                        for protection of the 3-hour 502 NAAQS.
                        EPA recommends tons-per-hour or tons-per-
                        three-hour limits, which would also
                        coincide with Reference Methods 6 and 8
                        (discussed further under checklist item
                        (4) below).  Also, for sulfur dioxide
                        emissions from roasters and sintering
                        machines at primary zinc smelters, as
                        well as for sintering machines, electric
                        smelting furnaces and converters at
                        primary lead smelters, EPA recommends a
                        2-hour averaging period and continuous
                        emission monitoring, as specified in 40
                        CFR Part 60, Subparts Q and R (NSPS).


Checklist Item (4):  Are the S02 compliance test methods
consistent with the S02 emission limits?

      Applicable
      State Reg.        EPA Comment

      16.8.1411         No.  The regulation must specify test
                        methods for determining the sulfur
                        content and the BTU content of fuels.
                        For sulfur content in coal, EPA suggests
                        ASTM Methods D3177-75 or D4239-85; for
                       -sulfur content in oil, ASTM Methods
                        D2880-71 or D4294-89; and for sulfur
                        content in natural gas, ASTM Methods
                        D1072-56, D3031-81, D3246-81, D4084-82,
                        or continuous H2S monitoring in the fuel
                        gas line.  For gross calorific (or BTU)
                        content of coal, EPA suggests ASTM
               I        Methods D2015-77 or D3286-85.  Also, the
               fc        regulation must specify whether the BTU
                        content is based on the lower or on the
                        higher (gross) heating value of the fuel.

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Checklist Item (4) (continued)

      Applicable
      State Reg.        EPA Comment

      16.8.1412      '   No.  Test methods are not specified for
                        determining sulfur in fuels and sulfur in
                        feed materials.   Also, test methods are
                        not specified for determining reduced
                        sulfur  emissions.  The appropriate ASTM
                        Methods,  or appropriate test methods in
                        NSPS Subparts P,  Q and R, must be stated
                        in the  regulation.

      16.8.1413         No. Test  methods  are not specified for
                        determining total reduced sulfur (TRS)
                        emissions.  The appropriate ASTM Methods,
                        or appropriate test methods in NSPS
                        Subpart BB for kraft pulp mills, must be
                        specified in the  regulation.

      16.8.1413(3)      No.  This regulation is unenforceable,
                        since the level of required emission
                        reduction (i.e.,  equivalent to "thermal
                        oxidation in a lime kiln") is not
                        quantified.

      16.8:1414         No.  The  specified Reference Methods 6
                        and 8 utilize three separate 1-hour
                        tests,  and thus will not give results
                        consistent with the ton-per-six-hour or
                        ton-per-day emission limits.  Emission
                        limits  are not considered by EPA to be
                        enforceable unless they can be verified
                        by testing.  The  regulation must specify
                        limits  in terms of tons-per-hour or tons-
                       -per-three-hours.   This will also serve to
                        protect the 3-hour S02 NAAQS, as
                        mentioned in checklist item (3) above.

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Checklist Item  (5):  Does the SIP require continuous SO2
compliance determination for 40 CFR Part 51, Appendix P sources?

      Applicable
      State Reg.        EPA Comment

      16.8.704(2)       Yes, but 16.8.704(2) must require
      16.8.704(3)  .     reporting of-data, as well as monitoring
                        and recording.  The State should add the
                        phrase "and reporting"  to this
                        regulation.  Also, although 16.8.704(2)
                        requires CEMs for Appendix P sources, the
                        Montana Air Quality Regulations contain
                        no emission limit for the Appendix P
                        source category of sulfuric acid plants.
                        The State should consider setting
                        emission limits for these plants.

Checklist Item  (6);  Is the averaging time of continuous S02
compliance monitoring/reporting consistent with the S02" NAAQS?

      Applicable
      State Reg.        EPA Comment

      16.8.704          No.  The State must set emission limits
      16.8.1412         with averaging times that protect the 3-
      16.8.1414         hr SC>2 NAAQS for Appendix P sources.
                        Monitoring/reporting averaging times
                       . should be consistent with these emission
                        limit averaging times.  Also, there are
                        no continuous S02 monitoring requirements
                        specified for copper, lead and zinc
                        smelters.  As mentioned in checklist item
                        (2) above, EPA recommends the CEMs which
                        are required under NSPS; compliance
                        monitoring/reporting averaging times for
                       -these CEMs must also be specified, and be
                        consistent with protecting the 3-hr
                        NAAQS.

Checklist Item  (7):  Are compliance reporting requirements for
SC>2 included in the SIP?

      Applicable
      State Reg.        EPA Comment

      16.8.1411         No. None of these regulations require
      16.8.1412         compliance reporting.  The regula-
      16.8.1414         tions must specify a format and frequency
                        for reporting of compliance status.

      16.8.1413         Yes.

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Checklist Item (8):  Are S02 compliance data recordkeeping and
retention requirements included in the SIP?

      Applicable
      State Reg.        EPA Comment

      16.8.1411         No. None of these regulations require
      16.8.14-12         compliance data recordkeeping and
      16.8.1413         retention.  The regulations must
      16.8.1414         include these requirements.


Checklist Item (9):  Are alternative approaches for S02 .
regulation clear and enforceable?

      Applicable
      State Reg.        EPA Comment

      16.8.141!(6)(a)   See checklist item (1) above for
      16.8.1411(6)(b)   discussion of deficiencies with these
      16.8.1411(6) (c)   regulations.  In addition, the
                        regulations must specify the monitoring
                        technique to be used to determine
                        compliance with the alternative emission
                        limits or regulatory approaches.


Checklist Item (10):  Do alternative approaches for S02
regulation require continuous compliance determination?

      Applicable
      State Reg.        EPA Comment

      16.8.1411(6)(c)   No.  If the limits on sulfur content in
                        fuel are waived, in favor of an S02
                        control device, then EPA strongly
                       -recommends a continuous monitoring
                        requirement, to protect the 3-hour SC>2
                        NAAQS and be consistent with 3-hour
                        averaging for sulfur content in fuel.
                                  8

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Checklist Item  (11):  Do the S02 regulations contain (and/or
appropriately describe) the State air director's discretionary
authority?

      Applicable
      State Reg.     '   EPA Comment

      To be deter-      These are provisions which allow the
      mined             Chief of the Montana Air Quality Bureau
                        (or other appropriate designee) to
                        approve alternatives to the basic
                        provisions of the State air regulations,
                        without regulatory process involving EPA.
                        Although some of these provisions may not
                        have the potential to change the
                        stringency of the applicable emission
                        limitations, other provisions do.  EPA is
                        developing guidance to address these
                        provisions.  EPA will comment upon such
                        provisions when this guidance is
                        finalized.


Checklist Item  (12):  Are there any stack height (CAA Section
123) deficiencies?

      Applicable
      State Reg.        EPA Comment

      16.8.1201         These are being discussed under separate
      through           correspondance.
      16.8.1205

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                      ENFORCEABILITY REVIEW
                               OF
             NORTH DAKOTA SULFUR DIOXIDE REGULATIONS

Checklist Item (1):   Are the sources subject to S02 regulations
clearly specified in 'the SIP?

      Applicable
      State Reg.             EPA Comment

      33-15-06-01.1.a,b     No.  It is not clear what specific
                            types of sources are intended to be
                            subject to the S02 regulation.  The
                            regulation states that it applies to
                            "installations...in which the fuel is
                            burned primarily to produce heat" and
                            where the S02 emissions are "substan-
                            tially due to the content of the fuel
                            burned".  Since the regulation does
                            not Limit itself to any particular
                            sizes or industrial categories of
                            "installations", even fireplaces in
                            private residences could be subject.
                            EPA questions whether the State
                            intended this broad interpretation of
                            the regulation.

                            To clarify applicability, EPA  »
                            recommends that the regulation be
                            reworded to either:  (a) exclude home
                            heating, or (b) indicate specific
                            industrial categories of subject
                            sources, such as fossil-fuel-fired
                            steam generators, compressor engines,
                            combustion turbines, refineries,
                            cement plants, lumber mills, chemical
                            plants and natural gas processing
                            plants, or (c) indicate a lower size
                            cutoff for applicability, such as 100
                            MMBTU/hr, or (d) some combination of
                            the above.

      33-15-06-02.2         No.  For clarity, this regulation
                            must state that it pertains only to'
                       /:-    exeedances of sulfur dioxide ambient
                            standards (i.e., not to any other
                            pollutants).  Also, EPA recommends
                            that the State reconsider whether
                            heating processes should be exempted
                            from the regulation.  Such processes
                            constitute a large portion of the S02
                            emissions in the State.

                                  1

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Checklist Item (2):  Are the averaging times for the S02 emission
limits clearly specified in the SIP?

      Applicable
      State Reg.            EPA Comment

      33-15-06-01           No.  An averaging time must be
                            specified for the 3 Ib/MMBTU emission
                            limit, to protect the 3-hour S02
                            NAAQS. • EPA considers a 3-hr
                            averaging period as the maximum
                            acceptable averaging period for this
                            regulation.  The regulation must also
                            state whether the averaging periods
                            are to be on a block basis, or on a
                            rolling basis.


Checklist Item (3);  Are the averaging times for S02 emission
limits consistent with the S02 NAAQS?

      Applicable
      State Reg.            EPA Comment

      33-15-06-01           No.  The averaging time for the 3
                            Ib/MMBTU emission limit must be
                            consistent with protection of the S02
                            NAAQS.  As'mentioned above, for
                            protection of the 3-hour NAAQS, EPA
                            recommends 3 hour averages.


Checklist Item (4);  Are the SO2 compliance test methods
consistent with the S02 emission limits?

      Applicable
      State Reg.        -    EPA Comment

      33-15-06-01           Yes, but the regulation should also
                            refer to Reference Methods 6A and 6C
                            (see 40 CFR Part 60, Subpart D, for
                            fossil-fuel-fired steam generators)
                            and Reference Method 20 (see 40 CFR
                            Part 60, Subpart GG, for gas
               i             turbines).

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Checklist Item (5):   Does the SIP require continuous S02-
compliance determination for 40 CFR Part 51, Appendix P sources?

      Applicable
      State Reg.             EPA Comment

      	                   No.  The regulations must include the
                            CEM requirements found in 40 CFR Part
                            51, Appendix P,  for S02 sources
                            (pertaining to certain fossil-fuel-
                            fired steam generators and sulfuric
                            acid plants).


Checklist Item (6):   Is the averaging time of continuous S02
compliance monitoring/reporting consistent with the S02 NAAQS?

      Applicable
      State Reg.             EPA Comment

      	                   No-  As mentioned above, the State
                            regulations do not contain any CEM
                            requirements for Appendix P sources.
                            When those requirements are added,
                            the regulations  must also specify
                            that the averaging period(s) to be
                            used for data reporting correspond to
                            the averaging period(s) in the
                            emission standard.  (See 40 CFR Part
                            51, Appendix P,  Section 4.0, for
                            minimum data requirements.  These
                            must be included in State
                            regulations.)


Checklist Item (7):   Are compliance reporting requirements for
S02 included in the  SIP?

      Applicable
      State Reg.             EPA Comment

      33-15-06-01           No.  The regulation must specify a
                            format and frequency for reporting of
                            compliance status.  For Appendix P
                            S02 sources, State regulations must
                            include Appendix F reporting
                            requirements.

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Checklist Item (8):  Are 502 compliance data recordkeeping and
retention requirements included in the SIP?

      Applicable
      State Reg.     .       EPA Comment
      33-15-06-01           No.  The regulation must require
                            compliance data recordkeeping and
                            retention.

Checklist Item (9):  Are alternative approaches for S02
regulation clear and enforceable?

      Applicable
      State Reg.            EPA Comment
      N/A

Checklist Item (10):  Do alternative approaches for S02
regulation require continuous compliance determination?

      Applicable
      State Reg.    .        EPA Comment
      N/A

Checklist Item (11):  Do the 803 regulations contain (and/or
appropriately describe) the State air director's discretionary
authority?

      Applicable
      State Reg.            EPA Comment
      To be deter-          These are provisions which allow the
      mined                 Director of the North Dakota air
                            pollution control program (or
                            appropriate designee) to approve
                            alternatives to the basic provisions
                            of the State air regulations without
                            regulatory process involving EPA.
                            Although some of these provisions may
                            not have the potential to change the
                            stringency of the applicable emission
                            standards, other provisions do.   EPA
                            is developing guidance to address
                            these provisions, and will comment
                            upon such provisions when this
                            guidance is finalized.

Checklist Item (12):  Are there any stack height (CAA Section
123) deficiencies?

      Applicable
      State Reg.            EPA Comment
                            No deficiencies.

-------
                      ENFORCEABILITY REVIEW
                               OF
             SOUTH DAKOTA SULFUR DIOXIDE REGULATIONS


Checklist Item (1):   Are the sources subject to S02 regulation
clearly specified in the SIP?

      Applicable
      State Reg.           EPA Comment

      74:26:07:01          No.  It is not clear what specific
                          types of sources are intended to be
                          subject to the S02 regulation.  The
                          regulation states that it applies to
                          "installations...in which the fuel is
                          burned primarily to produce heat and in
                          which the S02 emission is substan-
                          tially due to the content of the fuel
                          burned".  Since the regulation does not
                          limit itself to any particular sizes or
                          industrial categories of "installa-
                          tions", even fireplaces in private
                          residences could be subject.  EPA
                          questions whether the State intended
                          this broad interpretation of the
                          regulation.

                          To clarify applicability, EPA
                          recommends that the regulation be
                          reworded to either:  (a) exclude home
                          heating, or (b) indicate specific
                          industrial categories of subject
                          sources, such as fossil-fuel-fired
                          steam generators, compressor engines,
                          combustion turbines, refineries, cement
                          plants, lumber mills, chemical plants
                          and natural gas processing plants, or
                          (c) indicate a lower size cutoff for
                          applicability, such as 100 MMBTU/hr, or
                          (d) some combination of the above.

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Checklist Item  (2):  Are the averaging times for S02 emission
limits clearly  specified in the SIP?

      Applicable
      State Reg.     .     EPA Comment

      74:26:07:03         No.  An averaging time must be
                          specified for the 3 Ib/MMBTU emission
                          limit, to protect the 3-hour S02 NAAQS.
                          EPA considers a 3-hour averaging period
                          as the maximum acceptable averaging
                          period for this regulation.  The
                          regulation must also state whether the
                          averaging periods are to be on a block
                          basis, or on a rolling basis.


Checklist Item  (3):  Are the averaging times for S02 emission
limits consistent with the SC>2 NAAQS?

      Applicable
      State Reg.          EPA Comment

      74:26:07:03         No.  The averaging time for the 3
                          Ib/MMBTU emission limit must be
                          consistent with protection of the S02
                          NAAQS.  As mentioned above, for
                          protection of the 3-hour NAAQS, EPA
                          recommends 3 hour averages.


Checklist Item  (4):  Are the S02 compliance test methods
consistent with the S02 emission limits?

      Applicable
      State Reg.  *        EPA Comment

      74:26:07:03         No.  Test methods must be specified for
                          determining sulfur dioxide emissions,
                          and for determining the BTU content of
                          the fuel.  Also,  the regulation must
                          indicate whether the BTU content is to
                          be based on the lower or higher (gross)
                          heating value of the fuel.  The
                          regulation should include Reference
                          Methods 6, 6A and 6C for fossil-fuel
                          steam generators (as specified in 40
                          CFR Part 60, Subpart D) and Reference
                          Method 20 for gas turbines (as
                          specified in 40 CFR Part 60,  Subpart
                          GG).

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Checklist Item (5): "Does the SIP require continuous SC>2
compliance determination for 40 CFR Part 51, Appendix P Sources?

      Applicable
      State Reg.     .     EPA Comment
      	                 No.  The regulations must include the
                          CEM requirements found in 40 CFR Part
                          51, Appendix P, for S02 sources
                          (pertaining to certain fossil-fuel-
                          fired steam generators and sulfuric
                          acid plants).

Checklist Item (6):  Is the averaging time of continuous S02
compliance monitoring/reporting consistent with the SC-2 NAAQS?

      Applicable
      State Reg.          EPA Comment
      	                 No.  As mentioned above, the State
                          regulations do not contain any CEM
                          requirements for Appendix P sources.
                          When those requirements are added, the
                          regulations must also specify that the
                          averaging period(s) to be used for data
                          reporting correspond to the averaging
                          period(s) in the emission standard.
                          (See 40 CFR Part 51, Appendix P,
                          Section 4.0, for minimum data
                          requirements.   These must be included
                          in State regulations.)

Checklist Item (7):  Are compliance reporting requirements for
S02 included in the SIP?

      Applicable
      State Reg.          EPA Comment
      74:26:07:03-        No.  The regulation must specify a
                          format and frequency for reporting of
                          compliance status.  For Appendix P SC>2
                          sources, State regulations must include
                          Appendix P reporting requirements.

Checklist Item (8):  Are SC-2 compliance data recordkeeping and
retention requirements included in the SIP?

      Applicable
      State Reg.          EPA Comment

      74:26:07:03         No.  The regulation must require
                          compliance data recordkeeping and
                          retention.

Checklist Item (9):  Are alternative approaches for S02

                                  3

-------
regulation clear and enforceable?
      Applicable
      State Reg.
      N7A
                          EPA Comment
Checklist Item (10):  Do alternative approaches for S(>2
regulation require continuous compliance determination?
      Applicable
      State Reg.
      N7A
                          EPA Comment
Checklist Item (11):  Do the regulations contain (and/or
appropriately describe) the State air director's discretionary
authority?
      Applicable
      State Reg.
      To be deter-
      mined
                          EPA Comment
                          These are provisions which allow the
                          Director of the South Dakota air
                          pollution control program (or
                          appropriate designee) to approve
                          alternatives to the basic provisions of
                          the State air regulations without
                          regulatory process involving EPA.
                          Although some of these provisions may
                          not have the potential to change the
                          stringency of the applicable emission
                          standards, other provisions do.  EPA is
                          developing guidance to address these
                          provisions, and will comment upon such
                          provisions when this guidance is
                          finalized.

Checklist Item (12):  Are there any stack height (CAA Section
123) deficiencies?
      Applicable
      State Reg.
                          EPA Comment

                          No deficiencies.

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                      ENFORCEABILITY REVIEW
                               OF
                 UTAH SULFUR DIOXIDE REGULATIONS
ORGANIZATION AND SCOPE OF REVIEW

     This review follows a checklist format developed by EPA
Headquarters (see attached), for reviewing enforceability of S02
provisions in State Implementation Plans (SIPs).  The review
covers the S02 provisions in the Utah Air Conservation Regula-
tions (UACR), as well as S02 provisions found in the-draft PM10
SIP for Utah County and Salt Lake/Davis Counties. -EPA expects
that the PM10 SIP will be adopted by the State in the near
future.  This review is not intended to delay that process, but
may be responded to by the State in separate forum.  The State is
being asked by EPA to comment on this review and submit a
schedule for corrections by June 30, 1991.

     Enforceability of S02 provisions in Approval Orders for
sources other than those regulated ii) the PM10 SIP is not
evaluated in this review.  Enforceability of those A.O.
provisions will be evaluated by EPA later .in 1991 or early in
1992, as part of the implementation of Title V of the new Clean
Air Act amendments.

     Two items which appear in the attached checklist, namely,
director's discretion provisions and stack height provisions (CAA
Section 123), are not fully addressed in this review.  EPA
guidance on addressing director's discretion provisions has not
been finalized, so EPA is not providing comments on this item at
this time.  Any stack height deficiencies will be addressed
through separate correspondence.

PRIORITY ITEM(S)

     In conjunction with adoption of the Salt Lake County PM10
SIP, the State has proposed to eliminate the 3-hour S02 emission
limits for Kennecott (currently contained in UACR 4.3), and
replace them with 24-hour emission limits;  As a result, the 3-
hour S02 ambient standard will remain to be fully addressed in
the vicinity of Kennecott.  EPA has already advised the State to
proceed with establishing a 24-hour emission limit for Kennecott,
but has also advised that a 3-hour emission limit will need to be
re-established in time for the May 1992 submittal of the revised
Salt Lake County S02 SIP.  This remark is reiterated in the
detailed review below.

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SPECIFIC AREAS OF EPA REVIEW
Checklist Item (1):  Are sources subject to 803 regulation
clearly specified in the SIP?
     Applicable
     State Regs

     OACR 4.2

     PM10 SIP
           EPA comment

           Yes; subject sources clearly specified.

           Yes; subject sources clearly specified.
Checklist Item (2):  Are the averaging times for S02 emission
limits clearly specified in the SIP?
     Applicable
     State Regs

     UACR 4.2.1
     PM10
       1 .2
       1 .2
       1
       1
       1
       1
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
       2.2
SIP:
.A.6.C
.B.2.B
.D.4

.L.5.A
.M.3
.A.2.H
.D.6.A
.G.2.V
.L.2.P
.N.2.Q
.P.10
.3.4
.W. 14
.Y. 12
.CC.4
.DD.4
. HH,
.00,
-S3,
    3
    2,
    7
           EPA comment

           The limits on sulfur content in fuel are
           viewed by EPA as emission limits and there-
           fore require an averaging time.  For
           protection of the 3-hour SO2 NAAQS,  EPA
           considers a 3-hour averaging time as the
           maxiumum acceptable averaging period for
           this regulation.  This  may be a "block" or
           "rolling" 3-hour average; the regulation
           must specify which.   Also,  the rule  must
           address fuel mixtures (i.e., coal/oil,
           oil/gas,  coal/gas,  and  coal/oil/gas).

           The limits for sulfur content in fuel  are
           viewed by EPA as emission limits and there-
           fore require an averaging time.  For
           protection of the 3-hour S02 NAAQS,  EPA
           recommends a 3-hour averaging time.   This
           may be a "block" or "rolling" 3-hour
           average;  the regulation (or Approval
           Orders) must specify which.
.BBB.4
                                C-fr-D

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Checklist Item (3):  Are the averaging times for 803 emission
limits consistent with the S02 NAAQS?
     Applicable
     State Regs

     UACR 4.2.1
     PM10 SIP:
       Same as
       sections
       listed in
       item (2)
       above

     PM10 SIP:
       2.2.V.3.A
EPA comment

As stated above, for protection of the 3-
hour S02 NAAQS, the averaging time for
limits on sulfur content in fuel should be
specified as 3-hour.  This may be a "block"
or "rolling" 3-hour average; the regulation
must specify which.  Also, as mentioned
above, fuel mixtures must be addressed.
                                •
As stated above, for protection of the 3-
hour S02 NAAQS, the averaging time for
limits on sulfur content in fuel should be
specified as 3-hour.  This may be a "block"
or "rolling" 3-hour average; the regulations
(or Approval Order) must specify which.

As mentioned under "Priority Item(s)" above,
for S02 emission limits at the main smelter
stack at Kennecott, since the 3-hour
emission limits in UACR 4.3 will be
rescinded in conjunction with adoption of
the PM10 SIP, the 3-hour S02 NAAQS will
remain to be fully addressed in the vicinity
of Kennecott.  The State will need to re-
establish a 3-hour S02 emission limit by May
of 1992, as part of the submittal of the
revised Salt Lake County SC-2 SIP.

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Checklist Item  (4):  Are the S02 compliance test methods
consistent with the S02 emission limits?
     Applicable
     State Regs

     UACR 4.2.1
     UACR 4.2.3
     UACR 4.2.4
     PM10 SIP:
       2.2.A.3.G
       2.2.G.3.F
       2.2.L.3.A.3
       2.2.N.3.C.1
       2.2.00.3.B
EPA comment

To avoid confusion, UACR 4.2.1 must speci-
fy that the heat input Btu value for fuel is
based on the gross heat value of the fuel.
         v •
The regulation must include a statement that
when exemptions from UACR 4.2.1 (limits on
sulfur content in fuel) are granted, the
source's application for such exemption must
specify the test method for determining
sulfur emissions.  Also, the test method
must agree with the NSPS test method for the
same industrial category.  For example, for
S02 at fossil fuel fired steam generators,
the test method should be the same as NSPS
Subpart D test method; for Sd2 at gas
turbines, the test method should be the same
as NSPS Subpart GG test method.

The regulation must indicate the specific
ASTM test methods which must be used for
determining sulfur content in fuels, and for
determining the BTU value of fuels.  Fuel
mixtures should be addressed as well.  For
determining sulfur content in coal, EPA
suggests ASTM Methods D3177-75 or D4239-85;
for sulfur content in oil, ASTM Methods
D2880-71 or D4294-89; and for sulfur content
in natural gas, ASTM Methods D1072-56,
D3031-81, D3246-81, D4084-82, or continuous
H2S monitoring -in the fuel line.  For gross
calorific (or BTU) content of coal, EPA
suggests ASTM Methods D2015-77 or D3286-85.

For H2S in fuel gas at the five Salt Lake
refineries, the PM10 SIP must specify that
CEMs be certified via Performance Specifica-
ation #7 (PS7) in 40 CFR 60, Appendix B.
PS7 was promulgated by EPA on October 2,
1990.

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Checklist Item (5):  Does the SIP require continuous compliance
determination for S02?
     Applicable
     State Regs

     UACR 4.6.2

     PM10 SIP
EPA comment

Yes, for 40 CFR 51 Appendix P sources.

Yes; continuous compliance demonstration is
required at all sources where EPA and the
State have agreed that it is appropriate.
Checklist Item (6):   Is the averaging time of continuous S02
compliance monitoring/reporting consistent with the S02 NAAQS?
     Applicable
     State Regs

     UACR 4.2.3
     UACR 4.612
     UACR 4.6.3
     PM10 SIP
EPA comment

For the industrial source categories
subject to 40 CFR Part 51, Appendix P,
UACR 4.2.3 must specify an averaging time.
Section 4 of Appendix P states that the
averaging times associated with CEM
monitoring and reporting should correspond'
to the averaging periods specified in
emission limits.  The "monitoring devices"
referred to under UACR 4.2.3 are interpreted
by EPA to mean CEM monitors; however, the
regulation should clearly state what
"monitoring devices" means.  Similarly, UACR
4.6.2 should specify averaging times for CEM
monitoring and reporting.  Also, UACR 4.6.3
only infers that quarterly CEM reports are
required; this requirement should be
explicitly stated.

Since certain sections of the PM10 SIP refer
back to CEM requirements in UACR 4.6, the
PM10 SIP will not be fully adequate unless
the deficiencies noted above in UACR 4.6.2
and 4.6.3 are corrected.

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Checklist Item  (7):   Are  compliance  reporting requirements for
S02 included in the  SIP?

     Applicable
     State Regs       EPA  comment

     UACR 4.2.1       For  reporting compliance with  limits on
                      sulfur content  in  fuel,  UACR 4.2.1  should
                      specify  a format and  frequency for
                      compliance reporting.  EPA recommends a
                      sampling frequency (or  'lot size1 of stored
                      fuel for individual samples) sufficient to
                      ensure compliance  with sulfur  limits
                      expressed as 3-hour averages.

     PM10 SIP         Adequate, with  the exception of any items
                      discussed above.


Checklist Item  (,8):   Are  SO2  compliance data  recordkeeping and
retention requirements  included in the  SIP?

     Applicable
     State Regs       EPA  comment

     UACR 4.2.1       The  regulation  should specify  compliance
                      data recordkeeping and retention
                      requirements.

     PM10 SIP         Adequate, with  the exception of any items
                      discussed above.


Checklist Item  (9):   Are  alternative approaches for S02
regulation clear and enforceable?

     Applicable
     State Regs       EPA  comment
 •                     ^™™^^"™^^^^™^^^™^™^™^^^^™"^

     UACR 4.2.2       EPA  comments already stated above.
     UACR 4.2.3

     PM10 SIP         N/A

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Checklist Item (10):  Do alternative approaches for S02
regulation require continuous compliance determination?

     Applicable
     State Regs      EPA comment

     UACR 4.2.2      EPA comments already stated above.
     UACR 4.2.3

    .PM10 SIP        N/A


Checklist Item (11);  Do the SC>2 regulations contain (and/or
appropriately describe) the State Air Director's discretionary
authority?

    . Applicable
     State Regs      EPA comment

     To be deter-    These are provisions which allow the
     mined   '        Executive Secretary (i.e., Utah State Air
                     Director or appropriate designee) to approve
                     alternatives to the basic provisions of the
                     State air regulations,  without regulatory
                     process involving EPA.   Although some of
                     these provisions may not have the potential
                     to change the stringency of the applicable
                     emission limitations,  other provisions do.
                     EPA is developing guidance to address these
                     provisions.  EPA will  comment upon such
                     provisions when this guidance is finalized.


Checklist Item (12):  Are there any stack height (CAA Section
123) deficiencies?

     Applicable
     State Regs      EPA comment

     To be deter-    These are being addressed under separate
     mined           correspondence.

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                      ENFORCEABILITY REVIEW
                               OF
               WYOMING SULFUR DIOXIDE REGULATIONS


Checklist Item (l);  Are sources subject to S02 regulation
clearly specified in the SIP?

     Applicable
     State Reg.       EPA Comment

     4.(b),(c)        Yes.

     4.(d),(e),(f)    Yes.


Checklist Item (2):  Are the averaging times for S02 emission
limits clearly specified in the SIP?

     Applicable
     State Reg.       EPA Comment
         •
     4.(b)-(h)        Yes, but with the following exceptions:
                      Sections 4(e) and (f) must specify whether
                      the "2 hour average" is on a fixed or
                      rolling basis.  Similarly, Table 4a in
                      Section 4 must specify whether the "3 hr.
                      average" is on a fixed or rolling basis.


Checklist Itme (3):  Is the averaging time for S02 emission
limits consistent with the SO2 NAAQS?

     Applicable
     State Reg.       EPA Comment

     4.(b)-(h)        Yes.  Emission limits are on either 2 hour
                      or 3 hour averaging times.

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Checklist Item (4);  Are the S02 compliance test methods
consistent with the S02 emission limits?

     Applicable
     State Reg.       EPA Comment

     4.(b),(c)        No.  Sections 4(b) and (c) must state the
                      specific test methods to be used for
                      determining sulfur dioxide concentration.
                      The State should review the NSPS for
                      sulfuric acid plants (40 CFR Part 60,
                      Subpart H) to determine the applicable test
                      methods.  For sulfuric acid plants of
                      greater than 300 tons/year production
                      capacity, Section 4(b) and (c) must specify
                      the SC>2 CEMs required under 40 CFR 51.214;
                      these plants are included in 40 CFR Part 51
                      Appendix P.

     4.(d)-(h)        Not adequate.  Although Reference Method 6
                      is specified for determining sulfur dioxide
                      emissions, the regulations must also speci-
                      fy a test method for determining the Btu
                      value of the fuel.  Also, the regulations
                      must specify whether the Btu value is the
                      higher (gross) heating value, or the lower
                      heating value.  Also,  Section 4(h) must
                      refer to the notification provisions of
                      4(e) and 4(f), rather than 4(c) and 4(f).


Checklist Item (5):  Does the SIP require continuous SC>2
compliance determination for 40 CFR Part 51, Appendix P sources?

     Applicable
     State Reg.       EPA Comment

                      No.  Appendix P S02 sources (fossil fuel
                      fired steam generators with greater than
                      250 MMBtu/hr heat input which have emission
                      controls, and sulfuric acid plants with
                      greater than 300 tons/day capacity) must be
                      required to demonstrate continuous
                      compliance with CEMs.

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Checklist Item  (6):  Is the averaging time of continuous S02
compliance monitoring/reporting consistent with the SC>2 NAAQS?

     Applicable
     State Reg.       EPA Comment

     	              No.  This must be addressed for the
                      Appendix P S02 sources.  The averaging
                      period used for data reporting must
                      correspond to the averaging period in the
                      emission standard for the source in
                      question.  See 40 CFR 51 Appendix P,
                      Section 4.0 for minimum data requirements;
                      these must be included in the regulations.


Checklist Item  (7):  Are compliance reporting requirements for
S02 included in the SIP?

     Applicable
     State Reg.       EPA Comment

     4.(b)-(h)        No.  Section 4 does not require compliance
                      reporting.  The regulation must specify a
                      format and frequency for reporting of
                      compliance status.  (For 40 CFR Part 51,
                      Appendix P S02 sources, the Appendix P
                      reporting requirements must be specified.)


Checklist Item  (8):  Are S02 compliance data recordkeeping and
retention requirements included in the SIP?

     Applicable
     State Reg.       EPA Comment

     4.(b)-(h)        No.  Section 4 must include compliance data
                      recordkeeping and retention requirements.

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Checklist Item (9);  Are alternative approaches for SO2
regulation clear and enforceable?
     Applicable
     State Reg.

     4(e),(f)
     Tables 4b, 4c
     Table 4c
EPA Comment

Not fully adequate.  The description of
options allowed to sources for compliance
demonstration is cumbersome and difficult
to follow.  The State should consider
revising these subsections to make them
easier to follow.

It is not clear why Tables 4b and 4c in
Section 4 do not specify allowable emission
rates for oil burning/ while Table 4a does.
Certain boilers constructed prior to 1974
(which are subject to Table 4b or 4c) may
be capable of burning oil.

Units must be specified in Table 4c for the
emission rates- which are listed.  EPA
assumes that these are intended to be in
terms of lb/10^ Btu of heat input.  This
apparently inadvertent omission must be
corrected.
Checklist Item (10):   Do alternative approaches for S02
regulation require continuous compliance determination?
     Applicable
     State Reg.

     4(e),(f)
EPA Comment
Yes.

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Checklist Item  (11);  Do the SC-2 regulations contain (and/or
appropriately describe) the State Air Director's discretionary
authority?
     Applicable
     State Reg.

     To be deter-
     mined
EPA Comment

These are provisions which allow the
Administrator of the Wyoming Air Quality
Division to approve alternatives to the
basic provisions of the State air
regulations without regulatory process
involving EPA.  Although some of these
provisions may not have the potential to
change the stringency of the applicable
emission standards, other provisions do.
EPA is developing guidance to address these
provisions, and will comment upon such
provisions when this guidance is finalized.
Checklist Item (12):  Are there any stack height (CAA Section
123) deficiencies?
     Applicable
     State Reg.

     21(d)
EPA Comment

No deficiencies.
General comment:

     For combustion sources, Section 4 must include procedures to
be followed for sources using mixtures of fuels (i.e. coal/oil,
oil/gas, coal/gas and coal/oil/gas).  These procedures must
specify averaging times which protect the NAAQS (EPA recommends
3-hour averaging time), require CEMs where appropriate, and
require recordkeeping.
                                .-(,-'57

-------