CFR > Title 40 - Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER C—AIR PROGRAMS (Parts 50–99) > PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS > SUBPART F—California (§52.219 to §52.282) > 52.271—Malfunction, startup, and shutdown regulations.

52.271—Malfunction, startup, and shutdown regulations.

(a) The following regulations are disapproved because they would permit the exemption of sources from the applicable emission limitations and therefore do not satisfy the enforcement imperatives of section 110 of the Clean Air Act.
(1) Amador County APCD.
(i) Rule 404, submitted on April 21, 1976.
(ii) Rule 4f, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ).
(2) Bay Area APCD.
(i) Regulation 2, Section 3212, and Regulation 3, Section 3203, submitted on April 21, 1976.
(ii) Regulation 2, Section 3212, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 10842 ).
(3) Calaveras County APCD.
(i) Rules 110 and 402(f), submitted on July 25, 1973.
(ii) Rule 404, submitted on October 13, 1977.
(4) Colusa County APCD.
(i) Rule 4.4g, submitted on July 25, 1973, and Rule 4.4g, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ).
(5) Del Norte County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Rule 45, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 10842 ).
(6) Fresno County APCD.
(i) Rule 110, submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(ii) Rules 110 and 402(f), submitted on October 23, 1974.
(7) Glenn County APCD.
(i) Rules 95.2 and 95.3, submitted on January 10, 1975.
(8) Great Basin Unified APCD.
(i) Rule 403, submitted on June 6, 1977.
(ii) Rule 617, submitted on November 4, 1977.
(9) Humboldt County APCD.
(i) Rule 540, Submitted on November, 10, 1976.
(ii) Rule 59, Submitted on February 21, 1972 and previously approved under 40 CFR 52.223 ( 37 FR 10842 ).

Code of Federal Regulations

Editorial Note: At 46 FR 27118, May 18, 1981, the following paragraph (a)(9) was added to § 52.271 .
(9) Monterey Bay Unified APCD.
(i) Rule 214, submitted on March 4, 1980.
(ii) Rule 617, submitted on May 23, 1979.
(10) Kern County APCD.
(i) Rule 111, submitted on July 19, 1974.
(11) Kings County APDC.
(i) Rule 111, submitted on July 25, 1973, and Rule 111, submitted on July 30, 1972, and previously approved under 40 CFR 52.223.
(ii) Rule 111, submitted on November 4, 1977.
(12) Lake County APCD.
(i) Chapter III, Article I, Section 500, and Article II, Sections 510 and 511, submitted on February 10, 1977.
(ii) Part VI, Sections 1 and 2, submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(13) Los Angeles County APCD.
(i) Rule 430, submitted on June 6, 1977.
(14) Madera County APCD.
(i) Rule 402(f), submitted on January 10, 1975, and Rule 110, submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(ii) Rule 110, submitted on January 10, 1975.
(15) Mariposa County APCD.
(i) Rule 203(j), submitted on January 10, 1975, and Rule 4.3(g), submitted on February 21, 1972, and previously approved under 40 CFR 52.223.
(ii) Rule 404, submitted on June 6, 1977.
(16) Mendocino County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Sections 1 and 2 of Part VI, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 10842 ).
(17) Merced County APCD.
(i) Rule 109, submitted on August 2, 1976.
(ii) Rule 109, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ).
(18) Nevada County APCD.
(i) Rule 55(f), submitted on February 21, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 10842 ).
(19) Northern Sonoma County APCD.
(i) Rule 540, submitted on November 10, 1976.
(20) Placer County APCD.
(i) Rule 55(f), submitted on February 21, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 10842 ).
(ii) Rule 404, submitted on October 13, 1977.
(21) Plumas County APCD.
(i) Rule 203(j), submitted on January 10, 1975.
(ii) Rule 404, submitted on June 6, 1977.
(22) Riverside County APCD.
(i) Rule 430, submitted on June 6, 1977.
(23) San Bernardino County APCD.
(i) Rule 430, submitted on June 6, 1977.
(ii) Rule 55, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 10842 ).
(24) San Joaquin County APCD.
(i) Rule 110, submitted on October 23, 1974, and Rule 110, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ).
(25) San Luis Obispo County APCD.
(i) Rule 107, submitted on November 10, 1976.
(ii) Rule 102, submitted on February 21, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 10842 ).
(26) Shasta County APCD.
(i) Rule 3:10, submitted on July 19, 1974.
(ii) Rule 3:10, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ).
(27) Sierra County APCD.
(i) Rule 51, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ), and Rule 203(j), submitted on January 10, 1975, and previously approved under 40 CFR 52.223 ( 42 FR 23805 ).
(ii) Rule 404, submitted on June 6, 1977.
(28) Southern California APCD.
(i) Rule 430, submitted on February 10, 1977.
(29) Stanislaus County APCD.
(i) Rule 110, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ), and Rule 110, submitted on July 19, 1974.
(30) Tehama County APCD.
(i) Rule 417, submitted on July 19, 1974.
(ii) Rule 4:1g, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ).
(31) Trinity County APCD.
(i) Rule 540, submitted on November 10, 1976.
(ii) Rule 44, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ).
(32) Tulare County APCD.
(i) Rules 111 and 402(f), submitted on November 10, 1976.
(33) Tuolumne County APCD.
(i) Rule 404, submitted on February 10, 1977, and Rule 402(f), submitted on June 30, 1972, and previously approved under 40 CFR 52.223.
(34) Ventura County APCD.
(i) Rule 32, submitted on July 19, 1974.
(ii) Rule 32, submitted on June 30, 1972, and previously approved under 40 CFR 52.223 ( 37 FR 19812 ).
(35) Yuba County APCD.
(i) Rule 4.5, submitted on July 25, 1973.
(b) The following regulations are disapproved since they lack explicit provisions to assure that that NAAQS will not be exceeded while equipment breakdown periods are in effect.
(1) Fresno County APCD.
(i) Rules 110(B), Variance Required, and 519, Emergency Variance, submitted on January 2, 1979.
(2) Kern County APCD.
(i) Rules 111 (b), Equipment Breakdown, and 519, Emergency Variance, submitted on January 2, 1979.
(3) Modoc County APCD.
(i) Rule 2:15, Breakdown Conditions; Emergency Variances, submitted on May 7, 1979.
(4) Imperial County APCD.
(i) Rule 111 (B), Equipment Breakdown, submitted on December 24, 1979.
(ii) Rule 517, Emergency Variance, submitted on December 24, 1979.
(5) Butte County AQMD.
(i) Rule 275, Reporting Procedures for Excess Emissions, submitted on May 10, 1996.
(6) Shasta County AQMD.
(i) Rule 3:10, Excess Emissions, submitted on May 10, 1996.
(7) Monterey Bay Unified Air Pollution Control District.
(i) Rule 214, Breakdown Condition, submitted on October 30, 2001.
(c) The following regulations are disapproved because they exempt sources from applicable emissions limitations during malfunctions and/or fail to sufficiently limit startup and shutdown exemptions to those periods where it is technically infeasible to meet emissions limitations.
(1) South Coast Air Quality Management District.
(i) Rule 429, submitted on January 28, 1992.
(d) The following regulations are disapproved because they merely describe how state agencies intend to apply their enforcement discretion and thus, if approved, the regulations would have no effect on the State Implementation Plan.
(1) Antelope Valley AQMD.
(i) Rule 430, Breakdown Provisions, submitted on February 16, 1999.
(2) Kern County APCD.
(i) Rule 111, Equipment Breakdown, submitted on July 23, 1996.
(3) Mojave Desert AQMD.
(i) Rule 430, Breakdown Provisions, submitted on January 24, 1995.

Code of Federal Regulations

[43 FR 3277, Jan. 24, 1978]

Code of Federal Regulations

Editorial Note: For Federal Register citations affecting § 52.271 , see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.