initial decision with the regional hearing clerk. A copy of the initial decision shall be served upon each of the parties, and the regional hearing clerk shall immediately transmit a copy to the Administrator. The initial decision shall become the decision of the Administrator without further proceedings unless an appeal is taken from it or the Administrator orders review of it pursuant to paragraph (v) of this section.

(3) The initial decision shall include a statement of findings and conclusions and a decision including the reasons and basis thereof. Such statement shall encompass all issues of fact, law or discretion presented by the proposed findings and conclusions of the parties.

(v) Appeals from or review of initial decision of the Administrative Law Judge. (1) Within 20 days after filing of the Administrative Law Judge's initial decision, each party may take exception to any matter set forth in such decision or to any adverse order or ruling to which he objected during the hearing and may appeal such exceptions to the Administrator for decision by filing them in writing with the hearing clerk. Within the same period of time each party filing exceptions and amicus curiae shall file with the hearing clerk a brief concerning each of the exceptions being appealed. The brief shall contain, in the order indicated, the following:

(i) A subject index of the matter in the brief, with page references, and a table of cases, textbooks, statutes, and other material cited, with page references thereto;

(ii) A concise statement of the case; (iii) A specification of the questions intended to be urged, including any objections to rulings of the Administrative Law Judge, to the validity of facts officially noticed, or to any matter in the initial decision;

(iv) The argument presenting clearly the points of fact and law relied upon in support of the position taken on each question, with specific references to the record and to statutory or other material relied upon; and

(v) A proposed decision for the Administrator's consideration in lieu of the decision of the Administrative Law

Judge; and where appropriate, proposed findings of fact, conclusions, orders or rulings.

(2) Within 7 days of the service of exceptions, and of a brief under paragraph (v)(1) of this section, any other party or amicus curiae may file and serve a brief responding to exceptions or arguments raised by any other party. Such brief shall include references to the relevant portions of the record. Such brief shall not, however, raise additional exceptions.

(3) Five copies of all material filed under this section shall be filed with the regional hearing clerk.

(4) If no exceptions are filed within the time provided, the regional hearing clerk shall notify the Administrator 30 days from the date of filing of the Administrative Law Judge's initial decision. Within 20 days after said notification, the initial decision of the Administrative Law Judge shall become the decision of the Administrator unless the Administrator issues an order expressing his intent to review said initial decision. Such order may include a statement of issues to be briefed by the parties and amicus curiae and a time schedule concerning service and filing of briefs adequate to allow the Administrator to issue a final order within 100 days from the close of the hearing. Briefs filed pursuant to this paragraph shall conform to requirements contained in paragraphs (v)(1) (i) through (iv) of this section.

(w) Decision upon appeal or review. (1) Except as provided in paragraphs (w)(4) and (5) of this section, within 100 days after the close of the hearing, the Administrator shall, on appeal or review from an initial decision of the Administrative Law Judge, issue his final decision. In doing so, the Administrator shall consider such parts of the record as are cited or as may be necessary to resolve the issues presented and may, in his discretion, exercise any of the powers specified in paragraph (j)(5) of this section.

(2) In rendering his decision, the Administrator shall adopt, modify, or set aside the findings, conclusions, and decision contained in the initial decision, and shall include in his decision a statement of the reasons or basis for

90-125 0-82--43

his action. The final decision of the Administrator may accept or reject all or part of the initial decision of the Administrative Law Judge.

(3) The Administrator may, in his discretion, allow oral argument on appeal or review of a decision of the Administrative Law Judge.

(4) Where the Administrator determines that the volume of the record will prohibit an adequate review within the time constraints imposed by paragraph (1) of this paragraph (w), he may withhold his decision for an additional period of time not to exceed 45 days.

(5) In those cases where the Administrator believes that he requires further information or additional views of the parties as to the form and content of the decision to be rendered, the Administrator, in his discretion, may withhold final action pending the receipt of such additional information or views.

(6) The decision of the Administrator on appeal shall become effective as specified by him therein or 20 days after the date of the decision, whichever first occurs. Notice of the Administrator's decision on appeal shall be given to all parties.

[38 FR 22026, Aug. 15, 1973, as amended at 38 FR 27286, Oct. 2, 1973]

§ 51.34 Variances.

(a) In order to be considered for approval as a revision to the State implementation plan, a variance must be submitted by the State in accordance with the requirements of § 51.6.

[41 FR 18511, May 5, 1976]

Subpart D-Maintenance of National Standards

SOURCE: 41 FR 18388, May 3, 1976, unless otherwise noted.

§ 51.40 Scope.

(a) Applicability. The requirements of this subpart apply to air quality maintenance areas (AQMAS) identified under § 51.12(f) and to any areas identified under § 51.12(i).

(b) AQMA Analysis. Under this subpart, procedures are given for the analysis of the air quality impact of

specified pollutant emissions from existing sources and emissions associated with projected growth and development in areas identified under paragraphs (f) and (i) of § 51.12. This analysis is referred to in this subpart as an AQMA analysis.

(c) AQMA Plan. Under this subpart, the Administrator will require a revision to the State implementation plan for areas identified under § 51.12(f) or § 51.12(i) when necessary to prevent a national ambient air quality standard from being exceeded or when necessary to assure the attainment of the standards as well as to assure their maintenance. This revision is referred to in this subpart as an AQMA plan. The AQMA plan shall include, as necessary, control strategy revisions and/ or other measures to ensure that emissions associated with projected growth and development will be compatible with maintenance of the national standards. The AQMA plan submittal is subject to the same requirements of this part as pertain to any implementation plan revision.

AQMA ANALYSIS

§ 51.41 AQMA analysis: Submittal date.

For areas identified pursuant to § 51.12(f) or (i), a State shall submit an AQMA analysis on a schedule established by the Administrator.

§ 51.42 AQMA analysis: Analysis period.

The time period analyzed shall extend at least 20 years or, if modified under § 51.63, not less than 10 years from the date on which the Administrator identified the area.

§ 51.43 AQMA analysis: Guidelines.

The guidelines referenced in this subpart refer to the Guidelines for Air Quality Maintenance Planning and Analysis, U.S. Environmental Protec tion Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711. When a guideline in this series is referenced in this subpart, only the applicable volume number or the volume number and its particular sub-title are cited. These documents are available for public inspection at EPA's Public In

formation Reference Unit and at the libraries of each of the ten EPA regional offices. Copies are available as supplies permit from the Air Pollution Technical Information Service, Research Triangle Park, North Carolina 27711. Copies are also available for a nominal fee from the National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161.

§ 51.44 AQMA analysis: Projection of emissions.

(a) The State shall project emissions for each identified area and for each pollutant for which the area is identified.

(b) Unless alternative techniques are approved under § 51.63, emissions shall be projected by the techniques specified in the Guidelines, Volume 7, Projecting County Emissions, Second Edition (EPA-450/4-74-008). If this guideline is used, the analysis shall indicate the level of analysis performed. (c) The requirements of paragraph (b) of this section do not apply if emissions are projected and allocated under § 51.45 for—

(1) Transportation source categories if an order 2 or 3 emission allocation is performed as described in the guideline of § 51.45, or

(2) Industrial source categories including process and fuel combustion sources.

$51.45 AQMA analysis: Allocation of emissions.

(a) The State shall allocate projected emissions to sub-county areas for each identified area and for each pollutant for which the area is identified.

(b) Unless alternative techniques are approved under § 51.63, projected emissions shall be allocated to subcounty areas by the techniques specified in the Guidelines, Volume 13, Allocating Projected Emissions to SubCounty Areas, (EPA-450/4-74-014) and its supplement, Accounting for New Source Performance Standards in Projecting and Allocating EmissionsHypothetical Example, (EPA-450/474-014b). If this guideline is used the analysis shall indicate the order of analysis performed.

(c) The requirements of paragraphs (a) and (b) of this section do not apply if air quality concentrations are calculated in § 51.46 by the use of a proportional model.

§ 51.46 AQMA analysis: Projection of air quality concentrations.

(a) The State shall project air quality concentrations for each identified area and for each pollutant for which the area is identified.

(b) Unless alternative techniques are approved under § 51.63, air quality concentrations shall be projected by the techniques specified in the Guidelines, Volume 12, Applying Atmospheric Simulation Models to Air Quality Maintenance Areas, (EPA-450/474-013), or equivalent techniques.

(c) Unless modified under § 51.63

(1) For the projection of air quality concentrations of particulate matter and sulfur dioxide, the Air Quality Display Model (AQDM) or an equivalent model shall be used; and

(2) For the determination of shortterm (24- and 3-hour) air quality concentrations for particulate matter and sulfur dioxide, the model used, where possible, shall provide for consideration of the short-term localized air quality impact of individual large point sources.

§ 51.47 AQMA analysis: Description of data sources.

(a) The State shall identify in the analysis the sources of the data used in its projections of growth and development.

(b) The State shall discuss in the analysis its choice of parameters and information used in its projections. Projections may be in terms of such parameters and information as earnings, employment, production, building starts, vehicle miles traveled, and gasoline sales.

8 51.48 AQMA analysis: Data bases.

(a) All applicable air quality data collected from all existing sites since October 1, 1972, must be considered in the development of the baseline air quality for the analysis.

(b) For interstate areas, the analysis from each constituent State shall,

unless modified under § 51.63, be based upon the same regional emission inventory and air quality baseline. If there is disagreement among constituent States as to a data base, the States shall consult with the appropriate EPA Regional Office(s) for the selection of a baseline.

§ 51.49 AQMA analysis: Techniques description.

The State shall include in the analysis a description of the techniques utilized in each allocation or projection required in §§ 51.44, 51.45 and 51.46, with a detailed description of any alternative methods approved under § 51.63 or any equivalent methods used.

§ 51.50 AQMA analysis: Accuracy factors. In making the determination of whether a national standard will be violated in an area within the applicable period, the State may account for factors that affect the accuracy of the protected air quality concentrations. Where the State considers such factors in its determination of whether a national standard will be violated, the analysis shall contain a full discussion of the factors.

§ 51.51 AQMA analysis: Submittal of calculations.

The State shall include in the analysis summaries of baseline emissions. Also, for at least one other intermediate year and for the tenth year following the date of the Administrator's identification of the area and for the end of the applicable analysis period, the State shall submit summaries of projections and allocations of emissions required under §§ 51.44 and 51.45 and summaries of air quality concentrations required under § 51.46. These summaries shall be submitted in the following format:

(a) Baseline and projected emissions. (1) Tables 7.1 and 7.2 contained in the Guidelines, Volume 7 for each county in an area if emissions are projected under § 51.44(b), or

(2) If projected emissions are allocated directly under §§ 51.44(c) and 51.45, tables similar to Tables 7.1 and 7.2 of the Guidelines, Volume 7 for the area as a whole.

(b) Allocated emissions. Table 4.2, "Master Grid Emissions" contained in the Guidelines, Volume 13 along with a map portraying the master grid.

(c) Projected air quality concentrations. A tabulation or isopleth map showing maximum pollutant concentrations and concentration gradients. AQMA PLAN

§ 51.52 AQMA plan: General.

(a) The Administrator will establish, by notifying the appropriate State, (1) Which areas require an AQMA plan,

(2) The period over which the AQMA plan must demonstrate that the national standards will be attained and maintained, and

(3) The submission dates for the plans.

(b) The AQMA plan shall provide a detailed description of each revision to the existing State implementation plan that the AQMA plan effects, together with a list of any documents or portions of the State implementation plan that are being revised.

§ 51.53 AQMA plan: Demonstration of adequacy.

(a) An AQMA plan shall demonstrate that the measures, rules and regulations contained in the plan are adequate to provide for the attainment and maintenance of the national standards for the pollutants for which the State implementation plan revision is required for a reasonable period as specified by the Administrator. In providing such a demonstration a State shall use analysis techniques required in §§ 51.44, 51.45 and 51.46 and shall include the following in the AQMA plan:

(1) A summary of the computations, assumptions, and judgments used to determine the reduction of emissions or reduction of the growth in emissions that will result from the application of the AQMA plan.

(2) A presentation of emission levels expected to result from application of each measure of the control strategy, using the tables required in § 51.51 (a) and (b).

(3) A presentation of the air quality levels expected to result from applica

tion of the overall control strategy presented either in tabular form or as an isopleth map showing expected maximum pollutant concentrations and expected concentration gradients.

(b) The presentations required in paragraphs (a)(2) and (a)(3) of this section shall be provided for the last year of the period for which the AQMA plan is designed to maintain the national standards and for any other preceding years the Administrator specifies.

(c) Where the quantification of the reduction in either emissions or growth in emissions resulting from a single measure cannot be done with a substantial degree of precision, that measure may be combined with other similar measures and an aggregate effect estimated.

$51.56 AQMA plan: Future strategies.

(a) The AQMA plan shall include a discussion of possible strategies for maintaining air quality within the AQMA for the period

(1) Starting from the end of the period specified under § 51.53 over which the AQMA plan specifically provides for maintenance of the national standards, and

(2) Ending with the end of the analysis period determined under § 51.42. (b) The discussion shall include:

(1) Control strategies that could be applied to solve the maintenance problem for the applicable time period; and

(2) Actions that would be needed to adopt the necessary laws and regulations in a timely manner.

§ 51.57 AQMA plan: Future legal authority.

All laws and regulations that are necessary to maintain the national standards must be adopted in sufficient time before compliance is necessary to ensure the maintenance of the national standards. The State shall consult with the Administrator in determining what constitutes sufficient time.

§ 51.58 AQMA plan: Intergovernmental cooperation.

To insure intergovernmental cooperation the preparation and implementation of an AQMA plan shall, as a minimum, include the procedures required in this section.

(a) Agency designation. (1) Within 90 days after the Administrator has notified a State of the need for an AQMA plan the Governor shall designate the agency or organization wholly or partially responsible for the development of an AQMA plan. Before making such designations, he shall consult with appropriate elected officials of affected general purpose local governments and affected regional planning agencies.

(2) Elected officials of affected local governments and regional planning agencies may petition the Governor to obtain responsibilities in the development of AQMA plans.