§ 51.125 Emissions reporting requirements for SIP revisions relating to budgets for SO2 and NOx emissions. (a) For its transport SIP revision under $51.123 and/or 51.124, each State must submit to EPA SO2 and/or NOx emissions data as described in this section.

MinNew

(1) Alabama, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, nesota, Mississippi, Missouri, York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, Wisconsin and the District of Columbia, must report annual (12 months) emissions of SO2 and NOx.

(2) Alabama, Arkansas, Connecticut, Deleware, Florida, Illinois, Indinia, Iowa, Kentucky, Lousianna, Maryland, Massachusetts, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Pennsylvania, South Carolina, Tennessee, Virginia, West Virginia, Wisconsin and the District of Columbia must report ozone season (May 1 through September 30) emissions of NOx.

(b) Each revision must provide for periodic reporting by the State of SO2 and/or NOx emissions data as specified in paragraph (a) of this section to demonstrate whether the State's emissions are consistent with the projections contained in its approved SIP submission.

(1) Every-year reporting cycle. As applicable, each revision must provide for reporting of SO2 and NOx emissions data every year as follows:

(i) The States identified in paragraph (a)(1) of this section must report to EPA annual emissions data every year from all SO2 and NOx sources within the State for which the State specified control measures in its SIP submission under §§ 51.123 and/or 51.124.

(ii) The States identified in paragraph (a)(2) of this section must report to EPA ozone season and summer daily emissions data every year from all NOx sources within the State for which the State specified control measures in its SIP submission under § 51.123.

(iii) If sources report SO2 and NOx emissions data to EPA in a given year pursuant to a trading program approved under §51.123(0) or §51.124(o) of

this part or pursuant to the monitoring and reporting requirements of 40 CFR part 75, then the State need not provide annual reporting of these pollutants to EPA for such sources.

(2) Three-year reporting cycle. As applicable, each plan must provide for triennial (i.e., every third year) reporting of SO2 and NOx emissions data from all sources within the State.

(i) The States identified in paragraph (a)(1) of this section must report to EPA annual emissions data every third year from all SO2 and NOx sources within the State.

(ii) The States identified in paragraph (a)(2) of this section must report to EPA ozone season and ozone daily emissions data every third year from all NOx sources within the State.

(3) The data availability requirements in §51.116 must be followed for all data submitted to meet the requirements of paragraphs (b)(1) and (2) of this section.

(c) The data reported in paragraph (b) of this section must meet the requirements of subpart A of this part.

(d) Approval of annual and ozone season calculation by EPA. Each State must submit for EPA approval an example of the calculation procedure used to calculate annual and ozone season emissions along with sufficient information for EPA to verify the calculated value of annual and ozone season emissions.

(e) Reporting schedules. (1) Reports are to begin with data for emissions occurring in the year 2008, which is the first year of the 3-year cycle.

(2) After 2008, 3-year cycle reports are to be submitted every third year and every-year cycle reports are to be submitted each year that a triennial report is not required.

(3) States must submit data for a required year no later than 17 months after the end of the calendar year for which the data are collected.

(f) Data reporting procedures are given in subpart A of this part. When submitting a formal NOx budget emissions report and associated data, States shall notify the appropriate EPA Regional Office.

(g) Definitions. (1) As used in this section, "ozone season" is defined as follows:

Ozone season.-The five month period from May 1 through September 30.

(2) Other words and terms shall have the meanings set forth in appendix A of subpart A of this part.

[70 FR 25333, May 12, 2005]

EFFECTIVE DATE NOTE: At 70 FR 25333, May 12, 2005, §51.125 was added to supbart G, effective July 11, 2005.

Subpart H-Prevention of Air Pollution Emergency Episodes

SOURCE: 51 FR 40668, Nov. 7, 1986, unless otherwise noted.

$51.150 Classification of regions for episode plans.

(a) This section continues the classification system for episode plans. Each region is classified separately with respect to each of the following pollutants: Sulfur oxides, particulate matter, carbon monoxide, nitrogen dioxide, and

ozone.

(b) Priority I Regions means any area with greater ambient concentrations than the following:

(1) Sulfur dioxide-100 μg/m3 (0.04 ppm) annual arithmetic mean; 455 μg/ m3 (0.17 ppm) 24-hour maximum.

(2) Particulate matter-95 μg/m3 annual geometric mean; 325 μg/m3 24-hour maximum.

(3) Carbon monoxide-55 mg/m3 (48 ppm) 1-hour maximum; 14 mg/m3 (12 ppm) 8-hour maximum.

(4) Nitrogen dioxide-100 μg/m3 (0.06 ppm) annual arithmetic mean.

(5) Ozone-195 μg/m3 (0.10 ppm) 1-hour maximum.

(c) Priority IA Region means any area which is Priority I primarily because of emissions from a single point source.

(d) Priority II Region means any area which is not a Priority I region and has ambient concentrations between the following:

(1) Sulfur Dioxides-60-100 μg/m3 (0.02-0.04 ppm) annual arithmetic mean; 260-445 μg/m3 (0.10-0.17 ppm) 24hour maximum; any concentration above 1,300 μg/m3 (0.50 ppm) three-hour average.

(2) Particulate matter-60-95 μg/m3 annual geometric mean; 150-325 μg/m3 24-hour maximum.

(e) In the absence of adequate monitoring data, appropriate models must be used to classify an area under paragraph (b) of this section, consistent with the requirements contained in § 51.112(a).

(f) Areas which do not meet the above criteria are classified Priority III.

[51 FR 40668, Nov. 7, 1986, as amended at 58 FR 38822, July 20, 1993]

$51.151 Significant harm levels.

Each plan for a Priority I region must include a contingency plan which must, as a mimimum, provide for taking action necessary to prevent ambient pollutant concentrations at any location in such region from reaching the following levels:

Sulfur dioxide-2.620 μg/m3 (1.0 ppm) 24-hour average.

PM10-600 micrograms/cubic meter; 24-hour average.

Carbon monoxide-57.5 mg/m3 (50 ppm) 8-hour average; 86.3 mg/m3 (75 ppm) 4-hour average; 144 mg/m3 (125 ppm) 1-hour average. Ozone-1,200 ug/m3 (0.6 ppm) 2-hour average. Nitrogen dioxide-3.750 ug/m3 (2.0 ppm) 1-hour average; 938 ug/m3 (0.5 ppm) 24-hour average.

[51 FR 40668, Nov. 7, 1986, as amended at 52 FR 24713, July 1, 1987]

$51.152 Contingency plans.

(a) Each contingency plan must

(1) Specify two or more stages of episode criteria such as those set forth in appendix L to this part, or their equivalent;

(2) Provide for public announcement whenever any episode stage has been determined to exist; and

(3) Specify adequate emission control actions to be taken at each episode stage. (Examples of emission control actions are set forth in appendix L.)

(b) Each contingency plan for a Priority I region must provide for the following:

(1) Prompt acquisition of forecasts of atmospheric stagnation conditions and of updates of such forecasts as frequently as they are issued by the National Weather Service.

(2) Inspection of sources to ascertain compliance with applicable emission control action requirements.

(3) Communications procedures for transmitting status reports and orders as to emission control actions to be taken during an episode stage, including procedures for contact with public officials, major emission sources, public health, safety, and emergency agencies and news media.

(c) Each plan for a Priority IA and II region must include a contingency plan that meets, as a minimum, the requirements of paragraphs (b)(1) and (b)(2) of this section. Areas classified Priority III do not need to develop episode plans. (d) the requirements of paragraphs (b) and (c) of this section, the Administrator may, at his discretion

Notwithstanding

State or local agency to determine whether the construction or modification of a facility, building, structure or installation, or combination of these will result in—

(1) A violation of applicable portions of the control strategy; or

(2) Interference with attainment or maintenance of a national standard in the State in which the proposed source (or modification) is located or in a neighboring State.

(b) Such procedures must include means by which the State or local agency responsible for final decisionmaking on an application for approval to construct or modify will prevent such construction or modification if

(1) It will result in a violation of applicable portions of the control strategy; or

(2) It will interfere with the attainment or maintenance of a national standard.

(c) The procedures must provide for the submission, by the owner or operator of the building, facility, structure, or installation to be constructed or modified, of such information on—

(1) The nature and amounts of emissions to be emitted by it or emitted by associated mobile sources;

(2) The location, design, construction, and operation of such facility, building, structure, or installation as may be necessary to permit the State or local agency to make the determination referred to in paragraph (a) of this section.

(d) The procedures must provide that approval of any construction or modification must not affect the responsibility to the owner or operator to comply with applicable portions of the control strategy.

(e) The procedures must identify types and sizes of facilities, buildings, structures, or installations which will be subject to review under this section. The plan must discuss the basis for determining which facilities will be subject to review.

(f) The procedures must discuss the air quality data and the dispersion or other air quality modeling used to meet the requirements of this subpart.

(1) All applications of air quality modeling involved in this subpart shall be based on the applicable models, data

bases, and other requirements specified in appendix W of this part (Guideline on Air Quality Models).

a

(2) Where an air quality model specified in appendix W of this part (Guideor line on Air Quality Models) is inappropriate, the model may be modified or another model substituted. Such dan modification or substitution of a model may be made on a case-by-case basis r or, where appropriate, on a generic basis for a specific State program. in Written approval of the Administrator must be obtained for any modification eck or substitution. In addition, use of a modified or substituted model must be Dre subject to notice and opportunity for on public comment under procedures set dforth in § 51.102.

1 ST [51 FR 40669, Nov. 7, 1986, as amended at 58 FR 38822, July 20, 1993; 60 FR 40468, Aug. 9, att 1995; 61 FR 41840, Aug. 12, 1996]

vide

$51.161 Public availability of information.

(a) The legally enforceable proceuct dures in §51.160 must also require the ted State or local agency to provide opportunity for public comment on informafetion submitted by owners and operattel tors. The public information must include the agency's analysis of the effect of construction or modification on ach ambient air quality, including the to agency's proposed approval or disSt approval.

(b) For purposes of paragraph (a) of of this section, opportunity for public comment shall include, as a min#imum

(1) Availability for public inspection in at least one location in the area affected of the information submitted by the owner or operator and of the State or local agency's analysis of the effect on air quality;

(2) A 30-day period for submittal of public comment; and

(3) A notice by prominent advertisement in the area affected of the location of the source information and analysis specified in paragraph (b)(1) of this section.

(c) Where the 30-day comment period required in paragraph (b) of this section would conflict with existing requirements for acting on requests for permission to construct or modify, the State may submit for approval a com

ment period which is consistent with such existing requirements.

(d) A copy of the notice required by paragraph (b) of this section must also be sent to the Administrator through the appropriate Regional Office, and to all other State and local air pollution control agencies having jurisdiction in the region in which such new or modified installation will be located. The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required under this subpart. For lead, a copy of the notice is required for all point sources. The definition of point for lead is given in §51.100(k)(2).

§ 51.162 Identification of responsible agency.

Each plan must identify the State or local agency which will be responsible for meeting the requirements of this subpart in each area of the State. Where such responsibility rests with an agency other than an air pollution control agency, such agency will consult with the appropriate State or local air pollution control agency in carrying out the provisions of this subpart.

§ 51.163 Administrative procedures.

The plan must include the administrative procedures, which will be followed in making the determination specified in paragraph (a) of § 51.160.

§ 51.164 Stack height procedures.

Such procedures must provide that the degree of emission limitation required of any source for control of any air pollutant must not be affected by so much of any source's stack height that exceeds good engineering practice or by any other dispersion technique, except as provided in §51.118(b). Such procedures must provide that before a State issues a permit to a source based on a good engineering practice stack height that exceeds the height allowed by §51.100(ii) (1) or (2), the State must notify the public of the availability of the demonstration study and must provide opportunity for public hearing on it. This section does not require such procedures to restrict in any manner the actual stack height of any source.

(i) Stationary source means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.

(ii) Building, structure, facility, or installation means all of the pollutantemitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same Major Group (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0065 and 003-005-00176-0, respectively).

(iii) Potential to emit means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

(iv)(A) Major stationary source means: (1) Any stationary source of air pollutants which emits, or has the potential to emit 100 tons per year or more of any regulated NSR pollutant, or

(2) Any physical change that would occur at a stationary source not quali

a

fying under paragraph (a)(1)(iv)(A)(1) as major stationary source, if the change would constitute a major stationary source by itself.

(B) A major stationary source that is major for volatile organic compounds shall be considered major for ozone

(C) The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this paragraph whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:

(1) Coal cleaning plants (with thermal dryers);

(20) Chemical process plants;

(21) Fossil-fuel boilers (or combination thereof) totaling more than 250 million British thermal units per hour heat input;

(22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(23) Taconite ore processing plants; (24) Glass fiber processing plants; (25) Charcoal production plants; (26) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input; and

(27) Any other stationary source category which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.