(iii) Authority to require installation of monitoring devices is inadequate (§ 51.11(a) (6) of this chapter).

(iv) Authority to make emissions data available to the public is inadequate since 45.05130 of the Fairbanks North Star Borough ordinance could require it to be confidential (§ 51.11(a) (6) of this chapter).

(v) Authority to abate emergency air pollution episodes is inadequate because 45.05.100 of the Fairbanks North Star Borough ordinance is limited to generalized conditions of air pollution and because the order of the Commission is subject to review de novo (§ 51.11(a) (3) of this chapter).

(vi) Authority for necessary transportation control is not set forth nor is a timetable for obtaining it included (§ 51.11(b) of this chapter).

(b) The requirements of § 51.11(a) (4) of this chapter are not met since statutory authority to prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which indirectly results or may result in emissions of any air pollutant at any location which will prevent the maintenance of a national air quality standard is not adequate. [37 FR 15080, July 27, 1972, as amended at 39 FR 7279, Feb. 25, 1974]

a. July 1975.

must be completed by September 2, 1974. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.

(vi) Within five days after the deadline for completing increments in subdivisions (ii) and (iii) in this subparagraph, certify to the Administrator whether the increment has been met.

(3) Except as provided in subparagraph (9) of this paragraph, the owner or operator of any pulp mill subject to the following emission-limiting regulation and permit regulation in the Alaska Implementation Plan shall comply with the applicable compliance schedule in subparagraph (4), (5), or (6) of this paragraph; Alaska Administrative Code, Title 18, § 50.060 (a) (1) (Sulfur oxides) and (2) (Particulate matter), § 50.120(a) (permits) (appendix III, 1 of the Alaska Implementation Plan).

(4) Any owner or operator of a recovery system or other source within a pulpmill subject to the sulfur oxide emission limitation of subparagraph (3) who elects to utilize a process modification not requiring installation of additional control equipment shall be subject to the following compliance schedule:

(i) October 1, 1973-Notify the Administrator of the intent to utilize a process modification.

(ii) November 30, 1973-Negotiate contract for achieving desired modification.

(iii) July 1, 1974-Achieve compliance with the applicable regulations and certify such compliance to the Administrator.

(iv) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1974. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.

(5) Any owner or operator of a recovery system or other source within a pulp mill subject to the sulfur oxide emission limitation of subparagraph (3) who elects to utilize a control system requiring installation of additional control equipment shall be subject to the following compliance schedule:

(i) October 1, 1973-Submit to the Administrator a final control plan which describes at a minimum the steps which will

be taken by the source to achieve compliance with the applicable regulations.

(ii) January 20, 1974-Negotiate and sign all necessary contracts for emissioncontrol systems, or issue orders for the purchase of component parts to accomplish emission control.

(iii) December 31, 1974-Complete onsite construction or installation of emission control equipment.

(iv) July 1, 1975-Achieve compliance with the applicable regulations.

(v) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.

(vi) Five days after the deadline for completing increments in subdivisions (ii), (iii), and (iv) in this subparagraph, certify to the Administrator whether the increment has been met.

(6) Compliance schedule for recovery system particulate matter emissions:

(i) January 1, 1974-Submit to the Administrator a final control plan which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations.

(ii) March 1, 1974-Negotiate and sign all necessary contracts for emission-control systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modification.

(iii) April 1, 1975-Complete onsite construction or installation of emissioncontrol equipment or process modification.

(iv) July 1, 1975-Achieve compliance with the applicable regulations and certify such compliance to the Administrator.

(v) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.

(vi) Within five days after the deadline for completing increments in subdivisions (ii) and (iii) in this subpara

graph, certify to the Administrator whether the increment has been met.

(7) Except as provided in subparagraph (9) of this paragraph, the owner or operator of any industrial process or fuel-burning equipment subject to the following emission-limiting regulation and permit regulation in the Alaska Implementation Plan shall comply with the compliance schedule in subparagraph (8) of this paragraph: Alaska Administrative Code, Title 18, § 50.050 (industrial processes and fuel-burning equipment) and § 50.120 (a) and (e) (permits), (appendix, section III, 1 of the Alaska Implementation Plan).

(8) Compliance schedule for industrial process for fuel-burning equipment:

(1) Within 30 days after promulgation of the compliance schedule submit to the Administrator a final control plan, which describes at a minimum the steps which will be taken by the source to achieve compliance with the applicable regulations.

(ii) December 18, 1973-Negotiate and sign all necessary contracts for emissioncontrol systems or process modifications, or issue orders for the purchase of component parts to accomplish emission control or process modification.

(iii) May 31, 1975-Complete onsite construction or installation of emissioncontrol equipment or process modification.

(iv) July 1, 1975-Achieve compliance with the applicable regulations and certify such compliance to the Administrator.

(v) If a performance test is necessary for a determination as to whether compliance has been achieved, such a test must be completed by July 1, 1975. Ten days prior to such a test, notice must be given to the Administrator to afford him the opportunity to have an observer present.

(vi) Within five days after the deadline for completing increments in subdivisions (ii) and (iii) in this subparagraph, certify to the Administrator whether the increment has been met.

(9) (1) None of the above subparagraphs shall apply to a source which is presently in compliance with applicable regulations and which has certified such compliance to the Administrator by October 1, 1973. The Administrator may request whatever supporting information he considers necessary for proper certification.

(ii) Any compliance schedule adopted by the State and approved by the Administrator shall satisfy the requirements of this paragraph for the affected

source.

(iii) Any owner or operator subject to a compliance schedule in this paragraph may submit to the Administrator no later than October 1, 1973, a proposed alternative compliance schedule. No such compliance schedule may provide for final compliance after the final compliance date in the applicable compliance schedule of this paragraph. If promulgated by the Administrator, such schedule shall satisfy the requirements of this paragraph for the affected source.

(10) Nothing in this paragraph shall preclude the Administrator from promulgating a separate schedule for any source to which the application of a compliance schedule in this paragraph fails to satisfy the requirements of § 51.15 (b) and (c) of this chapter.

[38 FR 16145, June 20, 1973, as amended at 38 FR 22738, Aug. 23, 1973; 38 FR 24342, Sept. 7, 1973; 39 FR 20061, June 6, 1974] § 52.85 Traffic flow improvements.

(a) Definitions:

(1) "Fairbanks central business district" means the area bounded by the Chena River on the north; Dunkle Street on the east; Fifth Avenue, Cushman Street, and Seventh Avenue on the south; and Barnette Street, Third Avenue, and Wickersham Street on the west. Streets forming the boundaries shall be part of the central business district.

(b) This regulation is applicable in the City of Fairbanks in the State of Alaska.

(c) By January 1, 1974, the City of Fairbanks shall submit to the Administrator a detailed compliance schedule indicating traffic flow improvements to be undertaken and the dates of their expected achievement. All improvements must be completed by May 31, 1975. Such improvements shall include, but are not limited to, the following measures detailed in the Wilbur Smith and Associates, May 1971, FMATS-TOPICS study:

(1) Nobel Street-Lacey Street converted to one-way operation, with Nobel Street northbound from the proposed junction with Lacey Street to Wendell Avenue and Lacey Street southbound from Wendell Avenue to its intersection with Nobel Street at Twelfth Avenue.

(2) Barnette Street Wickersham Street converted to one-way operation, with Barnette Street northbound from Ninth Avenue to First Avenue and Wickersham Street southbound from First Avenue and Barnette.

(3) Signalization of intersections of: (i) First Avenue and Barnette Street, (ii) First Avenue and Wickersham Street, (iii) Third Avenue and Barnette Street, (iv) Third Avenue and Lacey Street, (v) Fifth Avenue and Lacey Street, (vi) Fifth Avenue and Nobel Street.

(4) Interconnection of the signal system within the Fairbanks central business district to establish a coordinated relationship among each of the signals that will closely coincide with the traffic demands as they fluctuate throughout the day.

(d) The City may omit or replace traffic flow improvement measures indicated in these studies only with the prior approval of the Administrator. [38 FR 32659, Nov. 27, 1973]

(1) "Parking facility" (also called "facility") means a lot, garage, building, or structure, or combination or portion thereof, in or on which motor vehicles are temporarily parked.

(2) "Vehicle trip" means a single movement by a motor vehicle that originates or terminates at a parking facility.

(3) "Construction" means fabrication, erection, or installation of a parking facility, or any conversion of land, buildings, or structures, or portions thereof, for use as a facility.

(4) "Modification" means any change to a parking facility that increases or may increase the motor vehicle capacity of, or the motor vehicle activity associated with, such parking facility.

(5) "Commence" means to undertake a continuous program of on-site construction or modification.

(6) "Parking space" means any area or space below, above, or at ground level, open or enclosed, on-street or offstreet, that is used for parking one motor vehicle at any time.

(7) "Basin" means the area commencing at the initial point, 1097 Birch Hill Fairbanks, Alaska; thence north 56 degrees 14 minutes west, a distance of 58,017 feet, more or less, to the VABM

1987 Moose, the true point of beginning; thence north 86 degrees east, a distance of 215,349 feet, more or less, to VABM 3010 Last; thence south 5 degrees 26 minutes west a distance of 175,160 feet, more or less, to VABM 1831 Canyon; thence south 85 degrees 55 minutes west, a distance of 229,914 feet, more or less, to VABM 971 Wood River Butte West; thence north 13 degrees 42 minutes west, a distance of 169,688 feet, more or less, to VABM 2005 Standard; thence north 81 degrees 17 minutes east, a distance of 72,092 feet, more or less, to VABM 1978 Moose, the true point of beginning.

(b) This regulation is applicable in the City of Fairbanks, the Fairbanks North Star Borough, and the Basin in the State of Alaska.

(c) The requirements of this section are applicable to the following parking facilities in the areas specified in paragraph (b) of this section, the construction or modification of which is commenced after January 1, 1975:

(1) Any new parking facility with parking capacity for 10 or more motor vehicles;

(2) Any parking facility that will be modified to increase parking capacity by 10 or more motor vehicles; and

(3) Any parking facility constructed or modified in increments which individually are not subject to review under this section, but which, when all such increments occurring since August 15, 1973, are added together, would as a total subject the facility to review under this section.

(d) No person shall commence construction or modification of any facility subject to this section without first obtaining written approval from the Administrator; provided, that this paragraph shall not apply to any construction or modification for which a general construction contract was finally executed by all appropriate parties on or before January 1, 1975.

(e) No approval to construct or modify a facility shall be granted unless the applicant shows to the satisfaction of the Administration:

(1) The design or operation of the facility will not cause a violation of the control strategy that is part of the applicable implementation plan, and will be consistent with the plan's VMT reduction goals;

(2) The emissions resulting from the design or operation of the facility will