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Subpart B-Plan Content and
(2) Enforce applicable laws, regulaRequirements
tions, and standards, and seek injunc
tive relief. $ 51.10 General requirements.
(3) Abate pollutant emissions on an
emergency basis to prevent substantial (a) During development of a plan,
endangerment to the health of perthe State is encouraged to identify al.
sons, i.e., authority comparable to that ternative control strategies, as well as
available to the Administrator under the costs and benefits of each such al
section 303 of the Act. ternative, for attainment and mainte
(4) Prevent construction, modificanance of the national standards.
tion, or operation of a facility, build(b) Each plan implementing a pri
ing, structure, or installation, or commary standard shall provide for the
bination thereof, which directly or inattainment of such standard as expe
directly results or may result in emisditiously as practicable, but in no case,
sions of any air pollutant at any locaexcept as otherwise provided by Sub
tion which will prevent the attainment part of this part, later than 3 years
or maintenance of a national standard. after the date of the Administrator's
(5) Obtain information necessary to approval of such plan or any revision
determine whether air pollution thereof to take account of a revised
sources are in compliance with appliprimary standard. The projected date
cable laws, regulations, and standards, of attainment of such standard shall
including authority to require recordbe specified in the plan.
keeping and to make inspections and (c) Each plan implementing a sec
conduct tests of air pollution sources. ondary standard shall provide for the
(6) Require owners or operators of attainment of such standard by a spec
stationary sources to install, maintain, ified date, which shall be within a rea and use emission monitoring devices sonable time after the date of the Ad
and to make periodic reports to the ministrator's approval of such plan.
State on the nature and amounts of (d) The plan for each region shall emissions from such stationary have adequate provisions to insure
sources; also authority for the State to that pollutant emissions within such make such data available to the public region will not interfere with attain
as reported and as correlated with any ment and maintenance of any national
applicable emission standards or limistandard in any portion of an inter
tations. state region or in any other region.
(b) Where a plan sets forth a control (e) Each plan shall provide for
strategy that provides for application public availability of emission data re of (1) inspection and testing of motor ported by source owners or operators vehicles and/or other transportation or otherwise obtained by a State or
control measures or (2) land use measlocal agency. Such emission data shall
ures other than those referred to in be correlated with applicable emission
$ 51.11(a)(4), such plan shall set forth limitations or other measures. As used the State's timetable for obtaining in this paragraph, "correlated" means
such legal authority as may be necespresented in such a manner as to show sary to carry out such measures. the relationship between measured or (c) The provisions of law or regulaestimated amounts of emissions and tion which the State determines prothe amounts of such emissions allow- vide the authorities required under able under the applicable emission this section shall be specifically identi. limitations or other measures.
fied, and copies of such laws or regula
tions shall be submitted with the plan. 8 51.11 Legal authority.
(d) (1) Except as otherwise provided (a) Each plan shall show that the by paragraph (b) of this section, the State has legal authority to carry out plan shall show that the legal authorithe plan, including authority to:
ties specified in this section are availa(1) Adopt emission standards and ble to the State at the time of submislimitations and any other measures sion of the plan. necessary for attainment and mainte- (2) Legal authority adequate to fulnance of national standards.
fill the requirements of paragraphs (a) (5) and (6) of this section may be dele- (c) Portions of a control strategy apgated the State pursuant to section plicable to area sources may differ 114 of the Act.
from portions applicable to point (e) A State governmental agency sources. other than the State air pollution con- (d) For purposes of developing a control agency may be assigned responsi- trol strategy, data derived from measbility for carrying out a portion of a urements of existing ambient levels of plan: Provided, That such plan demon- a pollutant may be adjusted to reflect strates, to the Administrator's satisfac- the extent to which occasional natural tion, that such State governmental or accidental phenomena, e.g., dust agency has the legal authority neces- storms, forest fires, industrial accisary to carry out such portion of the dents, demonstrably affected such amplan or, pursuant to paragraph (b) of bient levels during the measurement this section, has a timetable for ob- period. taining such authority.
(e) The plan shall identify those (f) The State may authorize a local areas (counties, urbanized areas, agency to carry out a plan, or portion standard metropolitan statistical thereof, within such local agency's ju- areas, et cetera) which, due to current risdiction: Provided, That such plan air quality and/or projected growth demonstrates, to the Administrator's rate, may have the potential for exsatisfaction, that such local agency ceeding any national standard within has the legal authority necessary to the subsequent 10-year period. implement such plan, or portion there (1) For each such area identified, of, and further: Provided, That such the plan shall generally describe the authorization shall not relieve the intended method and timing for proState of responsibility under the Act ducing the analysis and plan required for carrying out such plan, or portion by paragraph (g) of this section. thereof.
(2) The area identification and de136 FR 22398. Nov. 25. 1971. as amended at scription of method and timing re38 FR 15836, June 18, 1973; 41 FR 18511,
quired by this paragraph shall be subMay 5, 1976)
mitted no later than May 10, 1974.
(3) This paragraph covers only plans 851.12 Control strategy: General.
to attain and maintain the national (a) In any region where existing standards for particulate matter, (measured or estimated) ambient
sulfur oxides, carbon monoxide, ozone,
sulfur oxid levels of a pollutant exceed the levels hydrocarbons, and nitrogen dioxide. specified by an applicable national (f) Based on the information submitstandard, the plan shall set forth a ted by the State pursuant to paracontrol strategy which shall provide graph (e) of this section, the Adminisfor the degree of emission reduction
trator will publish by August 31, 1975,
trator will publi necessary for attainment and mainte- a list of the areas which shall be subnance of such national standard, in ject to the requirements of paragraph cluding the degree of emission reduc (g) of this section. tion necessary to offset emission in- (g) For each area identified by the creases that can reasonably be expect- Administrator pursuant to paragraph ed to result from projected growth of (f) of this section, the State shall population, industrial activity, motor submit an air quality analysis and, if vehicle traffic, or other factors that called for by the Administrator, a plan may cause or contribute to increase revision following the procedures of emissions.
Subpart D. (b) In any region where measured or (h) (1) For all areas of the State, the estimated ambient levels of a pollut. State implementation plan shall, by ant are below the levels specified by May 3, 1978, provide for a procedure an applicable secondary standard, the for the continual acquisition of inforplan shall set forth a control strategy mation used in projecting emissions. which shall be adequate to prevent (2) The plan shall provide that at insuch ambient pollution levels from ex- tervals of no more than 5 years, all ceeding such secondary standard.
areas of the State shall be assessed to
determine if any areas are in need of of significant deterioration increments plan revisions.
can be adjusted by determining the (3) The State shall retain the data stack height necessary to predict the gathered and the written assessment same maximum air pollutant concen. made under paragraphs (h)(1) and tration on any elevated terrain feature (h)(2) of this section, and make them as the maximum concentration associavailable for public inspection and ated with the emission limit which resubmit them to the Administrator at sults from modeling the source using his request.
the GEP stack height as determined (4) The State shall notify the Ad- in $ 51.1(ii) and assuming the elevated ministrator if an area is undergoing an terrain features to be equal in elevaamount of development such that it tion to the GEP stack height. If this presents the potential for a violation adjusted GEP stack height is greater of national standards within a period than the stack height the source proof 20 years.
poses to use, the source's emission lim(i) Whenever the Administrator calls itation and air quality impact shall be for a plan revision he may, without determined using the proposed stack publishing the area in Part 52 of this height and the actual terrain heights. chapter, require the revision be devel
(Secs. 110, 123, 301(a), Clean Air Act as oped in accordance with the proce
amended (42 U.S.C. 7410, 7423, 7601)) dures of Subpart D.
(36 FR 22398, Nov. 25, 1971, as amended at (j) The plan must provide that the 38 FR 15836, June 18, 1973; 39 FR 16344, degree of emission limitation required May 8, 1974; 40 FR 25815, June 19, 1975; 41 of any source for control of any air
FR 18388, May 3, 1976; 42 FR 19862, Apr. pollutant must not be affected by so
15, 1977; 43 FR 46269, Oct. 5, 1978; 47 FR
5869, Feb. 8, 1982) much of any source's stack height that exceeds good engineering practice or
8 51.13 Control strategy: Sulfur oxides and by any other dispersion technique,
particulate matter. except as provided in $ 51.12(k) and (1). The plan must provide that before a
(a) In any region where emission reState submits to EPA a new or revised
ductions are necessary for attainment emission limitation that is based on a
and maintenance of a primary standgood engineering practice stack height ard for sulfur oxides or particulate that exceeds the height allowed by matter, the plan shall set forth a con$ 51.1(ii) (1) or (2), the State must trol strategy which shall be adjusted notify the public of the availability of for the attainment of such primary the demonstration study and must standard within the time prescribed by provide opportunity for public hearing
the Act. on it. This Section does not require
(b) (1) In any region where the the plan to restrict, in any manner, degree of emission reduction necessary the actual stack height of any source. for attainment and maintenance of a
(k) The provisions of $$ 51.12(j) and secondary standard for sulfur oxides 51.18(1) shall not apply to (1) stack or particulate matter can be achieved heights in existence, or dispersion through the application of reasonably techniques implemented prior to De- available control technology, “reasoncember 31, 1970, or (2) coal-fired steam able time" for attainment of such secelectric generating units, subject to ondary standard, pursuant to the provisions of Section 118 of the $51.10(c), shall be not more than 3 Clean Air Act, which commenced oper- years unless the State shows that good ation before July 1, 1957, and whose cause exists for postponing application stacks were constructed under a con of such control technology. struction contract awarded before Feb (2) In any region where application ruary 8, 1974.
of reasonably available control tech(1) The good engineering practice nology will not be sufficient for attain(GEP) stack height for any source ment and maintenance of such secondseeking credit because of plume impac ary standard, or where the State tion which results in concentrations in shows that good cause exists for postviolation of national ambient air qual- poning the application of such control ity standards or applicable prevention technology, "reasonable time" shall depend on the degree of emission re- control strategy for each national duction needed for attainment of such standard for sulfur oxides or particusecondary standard and on the social, late matter is adequate for attainment economic, and technological problems and maintenance of such standard in involved in carrying out a control the example region(s) to which it apstrategy adequate for attainment and plies. The adequacy of a control stratmaintenance of such secondary stand egy shall be demonstrated by means of ard.
a proportional model or diffusion (c) For purposes of developing a con model or other procedure which is trol strategy, background concentra shown to be adequate and appropriate tion shall be taken into consideration for such purpose. with respect to particulate matter. As
(2) (i) If such demonstration is made used in this subpart, “background con
by use of a proportional model, such centration" is that portion of the
model shall be one in which the folmeasured ambient levels of particulate
lowing equation is employed to calcumatter that cannot be reduced by con
late the degree of improvement in air trolling emissions from manmade
quality needed for attainment of a nasources; "background concentration”
tional standard: shall be determined by reference to measured ambient levels of particulate ((A-C)/(A-B)]*100= percent reduction matter in nonurban areas.
needed (d) Example regions: (1) A control Where: strategy which provides for the attain
A=Existing air quality at the location ment and maintenance of a national having the highest measured or estistandard for sulfur oxides or particu
mated concentration in the region. late matter in any region in a State B=Background concentration. (excluding Priority IA regions) will be C=National standard. deemed by the Administrator to be
(ii) The above equation does not acadequate for attainment and maintenance of such standard in any or all
count for topography, spatial distribuother regions of the same Priority
tion of emissions, or stack height, but
the significance of these parameters classification in which measured or estimated levels of the pollutant are
shall be considered in developing the
control strategy. lower than those in the region for which the control strategy was formu
(iii) The plan shall show that applilated: Provided, That such control
cation of the control strategy will strategy is sufficiently comprehensive
result in the degree of emission reducto include adequate control of sulfur
tion indicated to be necessary by the oxides or particulate emissions from
above calculation, as modified by apsources listed in Appendix C to this
propriate consideration of factors set part. Any region (i) for which the
forth in paragraph (e)(2)(ii) of this State formulates a control strategy
section. The plan shall contain a sumwhich is applied to other regions or
mary of the computations used to de(ii) for which a control strategy is de.
termine the emission reductions that veloped, without regard to whether
will result from application of the consuch strategy is applied outside of the trol strategy to each point source and region, is referred to hereinafter as an
group of area sources; such summary "example region."
shall be included in a table similar to (2) The State shall obtain, through that presented in Appendix D to this the appropriate Regional Office, the part. The detailed computations shall concurrence of the Administrator in be retained and be made available for
be retained and the selection of an example region. inspection by the Administrator.
(3) Nothing in this section shall be (3) (i) If such demonstration is made construed in any manner to preclude a by use of a diffusion model, such State from preparing, adopting, and model shall be identified and desubmitting a separate plan for each scribed: Provided, however, That if region.
either of the two diffusion models de(e) Adequacy of control strategy: (1) scribed in the following publications is The plan shall demonstrate that the used, it need only be identified:
ble and cannot be made in time to be employed in the development of the control strategy, air quality may be estimated by the procedure described in Appendix A to this part. Air quality data, whether measured or estimated, shall be submitted in a form similar to that shown in Appendix H to this part. (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 44 FR 27569, May 10, 1979)
Air Quality Implementation Planning Program (IPP), Volume I, Operator's Manual, National Air Pollution Control Administration, Environmental Protection Agency, Washington, D.C., November 1970.
Air Quality Display Model (AQDM), National Air Pollution Control Administration, Department of Health, Education, and Wel fare, Washington, D.C., November 1969.
(ii) The plan shall contain a summary of emission levels expected to result from application of the control strategy, which summary shall be included in a table similar to that presented in Appendix D to this part.
(iii) The plan shall also show the air quality levels expected to result from application of the control strategy, presented either in tabular form or as an isopleth map showing maximum pollutant concentrations and expected concentration gradients. Computer printouts of the input and output data associated with use of a diffusion model shall be retained and made available for inspection by the Administrator.
(f) Emission data: (1) Each plan shall include the following data on emissions of sulfur oxides and particulate matter;
(i) For each example region in the State, a detailed inventory of emissions from point sources and area sources in each county shall be summarized in a form similar to that shown in Appendix D, and the data described in Appendices E and F to this part shall be retained and made available for inspection by the Administrator.
(ii) For all regions, point-source and area-source data shall be submitted in summary form, as shown in Appendix G, except that for regions classified as Priority III, only point-source data and any existing area-source data shall be submitted. Data described in Appendices E and F to this part shall be retained and made available for inspection by the Administrator.
(g) Air quality data: Data showing existing air quality with respect to sulfur dioxide and particulate matter shall be submitted for each example region. Actual measurements must be used where available if based on use of the measurement methods specified in Appendix C to Part 58 of this chapter. If actual measurements are not availa.
851.14 Control strategy: Carbon monox
ide, hydrocarbons, ozone, and nitrogen dioxide. (a) Priority I Regions. (1) Each plan for a region classified Priority I with respect to carbon monoxide, ozone, or nitrogen dioxide shall set forth a control strategy which shall provide for the degree of emission reduction necessary for attainment and maintenance of the national standard for each such pollutant after consideration of the emission reductions that will result from the application of Federal motor vehicle emission standards promulgated pursuant to section 202 of the Act.
(2) The plan shall contain: (i) A description of enforcement methods including, but not limited to, procedures for monitoring compliance with the selected traffic control measures, procedures for handling violations, and a designation of enforcement responsibilities (i.e., air pollution control agency, State police, State Department of Motor Vehicles, State Registrar of Motor Vehicles, etc.).
(ii) Proposed or adopted rules and regulations pertaining to the selected transportation control measures.
(iii) A description of administrative procedures to be used in implementing all selected transportation control measures, including, but not limited to, methods of achieving transportation improvements and a designation of responsibility for administration of such procedures (e.g., State Treasurer responsible for purchase of buses).
(iv) A schedule designating dates by which legal authority necessary to implement the plan will be obtained, other significant steps in the imple