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values, e.g., expressway, arterial, col- ous program of physical on-site conlector, and local.

struction of the stack or (2) entered (x) "Time period" means any period into binding agreements or contracof time designated by hour, month, tual obligations, which could not be season, calendar year, averaging time, cancelled or modified without substanor other suitable characteristics, for tial loss to the owner or operator, to which ambient air quality is estimated. undertake a program of construction

(y) “Variance" means the temporary of the stack to be completed in a readeferral of a final compliance date for sonable time. an individual source subject to an ap- (hh) "Dispersion technique" means proved regulation, or a temporary any technique which attempts to change to an approved regulation as it affect the concentration of a pollutant applies to an individual source,

in the ambient air by using that por(2) "Emission limitation" and “emis tion of a stack which exceeds good ension standard" mean a requirement es gineering practice stack height, vary. tablished by a State, local government,

ing the rate of emission of a pollutant or the Administrator which limits the

according to atmospheric conditions or quantity, rate, or concentration of

ambient concentrations of that pollutemissions of air pollutants on a con ant, or by addition of a fan or reheater tinuous basis, including any require to obtain a less stringent emission limments which limit the level of opacity,

itation. The preceding sentence does prescribe equipment, set fuel specifica

not include: (1) The reheating of a gas tions, or prescribe operation or main

stream, following use of a pollution tenance procedures for a source to

control system, for the purpose of reassure continuous emission reduction.

turning the gas to the temperature at (aa) "Capacity factor" means the

which it was originally discharged ratio of the average load on a machine

from the facility generating the gas or equipment for the period of time

stream; (2) the use of smoke manageconsidered to the capacity rating of

ment in agricultural or silvicultural the machine or equipment.

programs; or (3) combining the ex(bb) “Excess emissions" means emis

haust gases from several stacks into sions of an air pollutant in excess of

one stack. an emission standard.

(ii) “Good engineering practice (cc) “Nitric acid plant" means any (GEP) sa

(GEP) stack height” means the greatfacility producing nitric acid 30 to 70

er of; percent in strength by either the pres

(1) 65 meters; sure or atmospheric pressure process.

(2)(i) For stacks in existence on Jan(dd) “Sulfuric acid plant" means any

uary 12, 1979 and for which the owner facility producing sulfuric acid by the

or operator had obtained all applicable contact process by burning elemental

preconstruction permits or approvals sulfur, alkylation acid, hydrogen sul

required under this Parts 51 and 52 of fide, or acid sludge, but does not in

this Title 40, H,=2.5H clude facilities where conversion to

(ii) for all other stacks, sulfuric acid is utilized primarily as a means of preventing emissions to the H =H+1.5L, where atmosphere of sulfur dioxide or other Hx=good engineering practice stack height, sulfur compounds.

measured from the ground-level eleva(ee) "Fossil fuel-fired steam gener

tion at the base of the stack,

H= height of nearby structure(s) measured ator" means a furnace or boiler used

from the ground-level elevation at the in the process of burning fossil fuel for

base of the stack, the primary purpose of producing L=lesser dimension (height or projected steam by heat transfer.

width) of nearby structure(s); (ff) "Stack" means any point in a (3) The height demonstrated by a source designed to emit solids, liquids, fluid model or a field study approved or gases into the air, including a pipe by the reviewing agency, which enor duct but not including flares.

sures that the emissions from a stack (gg) "A stack in existence" means do not result in excessive concentrathat the owner or operator had (1) tions of any air pollutant as a result of begun, or caused to begin, a continu- atmospheric downwash, wakes, or

eddy effects created by the source itself, structures, or terrain obstacles.

(jj) "Nearby" as used in $ 51.1(ii)(2) is that distance up to five times the lesser of the height or the width dimension of a structure but not greater than 0.8 km (one-half mile). The height of the structure is measured from the ground-level elevation at the base of the stack.

(kk) “Excessive concentrations" for the purpose of determining good engineering practice stack height in a fluid model or field study means a maximum concentration due to downwash wakes, or eddy effects produced by structures or terrain features which is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

(11) "Plume impaction" means concentrations measured or predicted to occur when the plume interacts with elevated terrain.

(mm) "Elevated terrain" means terrain which exceeds the elevation of the good engineering practice stack as calculated under paragraph (ii) of this section. (Secs. 110, 123, 301(a), Clean Air Act as amended (42 U.S.C. 7410, 7423, 7601)) [36 FR 22398, Nov. 25, 1971, as amended at 37 FR 26311, Dec. 9, 1972; 38 FR 15195, June 8, 1973; 40 FR 7043, Feb. 18, 1975; 40 FR 46247, Oct. 6, 1975; 41 FR 18511, May 5, 1976; 43 FR 46269, Oct. 5, 1978; 47 FR 5868, Feb. 8, 1982)

are shown to be adequate and appropriate for such purposes.

(d) To encourage a State to prepare, adopt, or submit a plan without taking into consideration the social and economic impact of the control strategy set forth in such plan, including, but not limited to, impact on availability of fuels, energy, transportation, and employment.

(e) To preclude a State from preparing, adopting, or submitting a plan which provides for attainment and maintenance of a national standard through the application of a control strategy not specifically identified or described in this part.

(f) To preclude a State or political subdivision thereof from adopting or enforcing any emission limitations or other measures or combinations thereof to attain and maintain air quality better than that required by a national standard.

(g) To encourage a State to adopt a control strategy uniformly applicable throughout a region unless there is no satisfactory alternative way of providing for attainment and maintenance of a national standard throughout such region.

8 51.2 Stipulations.

Nothing in this part shall be construed in any manner:

(a) To encourage a State to prepare, adopt, or submit a plan which does not provide for the protection and enhancement of air quality so as to promote the public health and welfare and productive capacity.

(b) To encourage a State to adopt any particular control strategy without taking into consideration the costeffectiveness of such control strategy in relation to that of alternative control strategies.

(c) To preclude a State from employing techniques other than those specified in this part for purposes of estimating air quality or demonstrating the adequacy of a control strategy, provided that such other techniques

8 51.3 Classification of regions.

This section establishes a classification system to categorize regions for purposes of plan development and evaluation. The requirements of this part vary according to the classification of each region, in order that the time and resources to be expended in developing the plan for that region, as well as the substantive content of the plan, will be commensurate with the complexity of the air pollution problem. The classification will be based upon measured ambient air quality, where known, or, where not known, estimated air quality in the area of maximum pollutant concentration. All regions will be classified by the Administrator after consultation with State agencies. Each region will be classified separately with respect to each of the following pollutants: Sulfur oxides, particulate matter, carbon monoxide, nitrogen dioxide, and ozone.

(a) For sulfur oxides and particulate meter and parts per million by volume matter, each region will be classified (p.p.m. in parentheses) which define into one of three categories, defined as the classification system for sulfur Priority I, Priority II, or Priority III.

oxides and particulate matter are: (1) (i) Ambient concentration limits, expressed as micrograms per cubic

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(ii) The more restrictive classifica- between these pollutants and population will be chosen where there is a tion: Any region containing an area difference between the maximum whose 1970 "urban place" population, value(s) and the annual averages e.g., as defined in the U.S. Bureau of if a region is Priority I with respect to

Census, exceeds 200,000 will be classian annual average and Priority II with

fied Priority I. All other regions will respect to a 24-hour maximum value,

be classified Priority III. the classification will be Priority I.

(3) Where a region is classified Prior(2) Procedures which may be used, ity I on the basis of population, the air where appropriate, to estimate air

quality data requirements of quality in regions where no measured

$ 51.14(e)(1) shall apply. If these data data or inadequate data exist are de

indicate the pollutant concentrations scribed in Appendix A to this part.

are below the values stipulated in (b) For carbon monoxide, nitrogen

paragraph (b)(1) of this section, the dioxide, and ozone, each region will be classified into one of two categories

region will be reclassified Priority III. defined as Priority I or Priority III.

(4) Classifications with respect to (1) Ambient concentration limits

hydrocarbons will be the same as the which define the classification system classifications with respect to ozone. are:

(c) Where a region is classified Prior(i) Carbon monoxide: Priority 1: ity I on the basis of measured or estiEqual to or above 55 milligrams per mated air quality levels reflecting cubic meter (48 p.p.m.). 1-hour maxi- emissions predominantly from a single mum, or 14 milligrams per cubic meter point source, it shall be further classi(12 p.p.m.), 8-hour maximum; Priority fied Priority IA. The requirements apIII: Below such values.

plicable to Priority IA regions shall be (ii) Nitrogen dioxide: Priority 1: the same as those for other Priority I Equal to or above 110 micrograms per regions, except that the requirements cubic meter (0.06 p.p.m.) annual arith applicable to Priority II regions under metic mean; Priority III: Below such $ 51.16 shall apply. A procedure for esvalue.

timating air quality levels reflecting (iii) Ozone: Priority I: Equal to or emissions from a single point source is above 195 micrograms per cubic meter

described in Appendix A to this part. (0.10 p.p.m.), 1-hour maximum; Priority III: Below such value.

(Secs. 110, 301(a), 313, 319, Clean Air Act (42 (2) In the absence of measured data U.S.C. 7410, 7601(a), 7613, 7619)) to the contrary, classification with re (36 FR 22398, Nov. 25, 1971, as amended at spect to carbon monoxide, ozone and 44 FR 27569, May 10, 1979) nitrogen dioxide will be based on the following estimate of the relationship

51.4 Public hearings.

cies, economic development agencies, Ca) ( Except as otherwise provided and any other affected States, and n paragraph (a)(2) of this section, the (ii) Public notice of alternative analState shall, prior to the adoption of ysis and plan development procedures iny plan or any revision thereof re- approved under $ 51.63. Tuired by $ 51.6(a) or prior to the sub- (c) The State shall prepare and nission to the Administrator of any retain, for inspection by the Adminisindividual compliance schedule pursu trator upon his request, a record of ant to $ 51.15(a) or any revision pursu- each hearing. The record shall conant to $ 51.6(d), conduct one or more tain, as a minimum, a list of witnesses public hearings on such plan, sched

together with the text of each presenule, or revision. Separate hearings may

tation. be held for plans to implement pri

(d) The State shall submit with the m ary and secondary standards.

plan, revision, or schedule a certifica(2) No hearing shall be required for

tion that the hearing required by any change to an increment of prog. ress in an approved individual compli

paragraph (a) of this section was held ance schedule unless such change is

in accordance with the notice required likely to cause the source to be unable

by paragraph (b) of this section. to comply with the final compliance (e) Upon written application by a date in the schedule. The require State agency (through the appropriate ments of $ $ 51.6 and 51.8 shall be ap Regional Office), the Administrator plicable to such schedules, however. may approve State procedures de

(b) Any hearing required by para signed to insure public participation in graph (a) of this section shall be held the matters for which hearings are reonly after reasonable notice, which quired, and public notification of the shall be considered to include, at least opportunity to participate if in the 30 days prior to the date of such judgment of the Administrator, such hearing(s);

procedures, although different from (1) Notice given to the public by the requirements of this part. in fact prominent advertisement in the region

provide for adequate notice to and affected announcing the date(s),

participation of the public. The Adtime(s), and place(s) of such

ministrator may impose any condihearing(s);

tions on his approval as he deems nec(2) Availability of each proposed plan or revision for public inspection

essary. Procedures approved pursuant in at least one location in each region

to this section shall be deemed to satto which it will apply, and the avail

isfy the requirements of this part reability of each compliance schedule garding public hearings. for public inspection in at least one lo

(f) The State shall, prior to adoption cation in the region in which the af of transportation control measures, fected source is located;

conduct one or more public hearings (3) Notification to the Administrator as required in paragraphs (a) through (through the appropriate Regional (d) of this section. Office);

(37 FR 26311, Dec. 9, 1972, as amended at 38 (4) Notification to each local air pol

FR 15195, June 8, 1973; 41 FR 18387, May 3, lution control agency in each region to

1976) which the plan, schedule, or revision will apply;

8 51.5 Submission of plans; preliminary (5) In the case of an interstate

review of plans. region, notification to any other States included, in whole or in part, in

(a) Submission to the Administrator the region; and

shall be accomplished by delivering (6) In the case of hearings on AQMA five copies of the plan to the appropriplans:

ate Regional Office and a letter to the (i) Notification to the chief execu- Administrator notifying him of such tives of affected local governments, action. Plans shall be adopted by the planning agencies, transportation State and submitted to the Adminisagencies, environmental control agen- trator by the Governor as follows:

(1) For any primary standard, within 9 months after promulgation of such standard.

NOTE: The State of Illinois shall, not later than September 9, 1974, submit to the Administrator a demonstration that the control strategy approved by the Administrator for the Metropolitan Chicago Air Quality Control Region is adequate to attain and maintain the national standard for nitrogen dioxide.

(2) For any secondary standard, within 9 months after promulgation of such secondary standard or by such later date prescribed by the Administrator pursuant to Subpart of this part.

(3) For compliance with the requirements of $ $ 51.11(a)(4) and 51.18, no later than August 15, 1973.

(b) Plans for different regions within a State may be submitted as a single document or as separate documents.

(c) Upon request of a State, the Administrator will provide preliminary review of a plan or portion thereof submitted in advance of the date such plan is due. Such requests shall be made in writing to the appropriate Regional Office and shall be accompanied by five copies of the materials to be reviewed. Requests for preliminary review shall not operate to relieve a State of the responsibility of adopting and submitting plans in accordance with prescribed due dates.

(d) Submission to the Administrator shall be accomplished by delivering 10 copies of the transportation control portions of the plan to the appropriate regional office. Such portions shall be adopted by the State and submitted by the Governor. .

(e) Upon request of a State, the Administrator will provide preliminary review of the draft transportation control measures or portions thereof in advance of the date such measures are due. Such requests shall be made as provided in paragraph (c) of this section and shall not operate to relieve a State of its responsibility for adopting and submitting transportation control measures in accordance with prescribed due dates.

8 51.6 Revisions.

(a) The plan shall be revised from time to time, as may be necessary, to take account of:

(1) Revisions of national standards,

(2) The availability of improved or more expeditious methods of attaining such standards, such as improved technology or emission charges or taxes, or

(3) A finding by the Administrator that the plan is substantially inadequate to attain or maintain the national standard which it implements.

(b) The plan shall be revised within 60 days following notification by the Administrator under paragraph (a) of this section, or by such later date prescribed by the Administrator after consultation with the State.

(c) The plan may be revised from time to time consistent with the requirements applicable to implementation plans under this part.

(d) Any revision of any regulation or any compliance schedule pursuant to paragraph (c) of this section shall be submitted to the Administrator no later than 60 days after its adoption.

(e) Revisions other than those cov. ered by paragraphs (a) and (d) of this section must be identified and described in the next annual report required by $ 51.321.

(f) Any revision shall be submitted only after any applicable hearing requirements of $ 51.4 have been satisfied.

(Secs. 110, 301(a), 313, 319, Clean Air Act (42 U.S.C. 7410, 7601(a), 7613, 7619)) [36 FR 22398, Nov. 25, 1971, as amended at 37 FR 26312, Dec. 9, 1972; 44 FR 27569, May 10, 1979)

$ 51.7 (Reserved)

$ 51.8 Approval of plans.

The Administrator shall approve any plan, or portion thereof, or any revision of such plan, or portion thereof, if he determines that it meets the requirements of the Act. Revisions of a plan, or any portion thereof, shall not be considered part of an applicable plan until such revisions have been approved by the Administrator in accord. ance with this part.

(36 FR 22398. Nov. 25. 1971. as amended at 38 FR 15195, June 8, 1973; 38 FR 15836, June 18, 1973; 39 FR 16122, May 7, 1974)

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